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, WEDNESDAY, OCTOBER 5, 2011 No. 148 House of Representatives The House met at 10 a.m. and was ‘‘To apply to the Long War, the cordance with President Obama’s strat- called to order by the Speaker pro tem- plaintive query that General David egy.’’ pore (Mrs. HARTZLER). Petraeus once posed with regard to Madam Speaker, the problem there is f Iraq—‘Tell me how this ends’—the an- that 2014 becomes 2015, 2015 becomes swer is clear: No one has the foggiest 2016. How many more have to die? How DESIGNATION OF SPEAKER PRO idea. War has become like the changing many more have to lose legs and arms TEMPORE phases of the moon. It’s part of every- and try to live the rest of their lives in The SPEAKER pro tempore laid be- day existence. For American soldiers that kind of situation? fore the House the following commu- there is no end in sight.’’ Madam Speaker, I learned just re- nication from the Speaker: Madam Speaker, that also applies to cently that the Chinese are in Afghani- WASHINGTON, DC, Afghanistan. Ten years later, so many stan buying copper, and this soldier October 5, 2011. have died, so many have been wounded. told me that his unit was notified that I hereby appoint the Honorable VICKY I say to the House with humility and the Chinese needed protection. How HARTZLER to act as Speaker pro tempore on regret that I have signed over 10,400 crazy is crazy? And our young men and this day. letters to the immediate and extended women are over there walking the JOHN A. BOEHNER, Speaker of the House of Representatives. families of the fallen from both Iraq roads of Afghanistan. and Afghanistan. Obviously, the major- American people, join those of us in f ity of letters now are to the families of Congress in both parties. Let’s bring MORNING-HOUR DEBATE those who have been killed in Afghani- them home now, not 2015. The SPEAKER pro tempore. Pursu- stan. Madam Speaker, as I always close on ant to the order of the House of Janu- Poll after poll has shown that the the floor and I will close again today, I ary 5, 2011, the Chair will now recog- American people in large percentages ask God to please bless our men and nize Members from lists submitted by want our troops home now. This num- women in uniform. I ask God to please the majority and minority leaders for ber of people continues to grow as the bless the families of our men and morning-hour debate. number of dead and wounded increases. women in uniform. I ask God in His The Chair will alternate recognition Madam Speaker, beside me is a post- loving arms to hold the families who between the parties, with each party er of a young Army couple where the have given a child dying for freedom in limited to 1 hour and each Member husband has lost both legs and an arm. Afghanistan and Iraq. I ask God to other than the majority and minority How many more have to give their please bless the House and Senate that leaders and the minority whip limited lives, their minds, and their bodies for we will do what is right in the eyes of to 5 minutes each, but in no event shall a corrupt Afghan leader named Karzai? God for His people. And I will ask God debate continue beyond 11:50 a.m. I encourage the people of this coun- to give wisdom, strength, and courage f try to put pressure on Congress, espe- to President Obama that he will do cially the Republican leadership, by what is right in the eyes of God for AFGHANISTAN calling their Members of Congress and God’s people. The SPEAKER pro tempore. The telling them to bring our troops home And I close by asking three times, Chair recognizes the gentleman from before the 2015 deadline. God please, God please, God please con- North Carolina (Mr. JONES) for 5 min- Why do I say 2015? I will quote Sec- tinue to bless America. utes. retary Gates as he appeared before the f Mr. JONES. Madam Speaker, I think Armed Services Committee in Feb- you will note today that from both ruary of this year. TEN YEARS OF WAR IN AFGHANI- sides, the Democratic side and Repub- Secretary Gates: ‘‘That is why we be- STAN: THE COSTS ARE TOO HIGH lican side, there will be those of us who lieve that beginning in fiscal year 2015, The SPEAKER pro tempore. The come to the floor to speak about bring- the United States can, with minimal Chair recognizes the gentleman from ing our troops home from Afghanistan. risk, begin reducing Army active duty Massachusetts (Mr. MCGOVERN) for 5 Friday of this week will be 10 years end strength by 27,000 and the Marine minutes. since we committed our troops to Af- Corps by somewhere between 15,000 and Mr. MCGOVERN. Madam Speaker, on ghanistan. 20,000. These projections assume that Sunday, newspapers across the country I would like to quote from Andrew the number of troops in Afghanistan reported that the total number of U.S. Bacevich, in an article 2 years ago, and would be significantly reduced by the military deaths in Afghanistan since the title, ‘‘To Die for a Mystique″: end of 2014’’—by the end of 2014—‘‘in ac- 2001 is 1,780. This tally may be slightly

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

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VerDate Mar 15 2010 01:10 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A05OC7.000 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6558 CONGRESSIONAL RECORD — HOUSE October 5, 2011 incomplete because of lags in report- b 1010 bring more job losses or increased ing. We continue to struggle with soaring prices. One thousand seven hundred and posttraumatic stress and suicide rates Madam Speaker, the American peo- ple have good reason to be concerned. eighty servicemen and women, Madam among our soldiers and our veterans. Speaker. Husbands and fathers, wives From higher taxes on workers and Their impacts are devastating on fami- and mothers, sons and daughters, businesses to the greater intrusion by lies, friends, colleagues, and military brothers and sisters—holes created in the Federal Government into personal buddies. families and communities that can health care decisions, there has been It is hard to explain how we could never be filled, losses that will be felt plenty of evidence that this adminis- borrow and spend so freely, so casually, for a generation or more. tration wants to grow the size and Saturday began a new fiscal year, while our men and women bled in the reach and scope of government in ways Madam Speaker, fiscal year 2012. Ac- plains and mountains of Afghanistan, that we have never before seen in the cording to the Congressional Research but now we have to face the con- history of America. At any time, the Service, the estimated war funding for sequences of that lack of account- heavy hand of Big Government regula- Iraq and Afghanistan since 2001 ability, that lack of responsible gov- tion is bad news for jobs, but during through fiscal year 2011 is $1.283 tril- ernance. the middle of the worst recession since lion; $443 billion of that has been spent When the supercommittee makes its the Great Depression, it defies common in Afghanistan. decisions on how to handle the deficit sense for government to place even For fiscal year 2012, which began on and the debt, I say ending the wars as more roadblocks in front of struggling Saturday, we will spend another $113.7 rapidly as possible must be the first businesses. billion in Afghanistan. By this time item on the table. I also say that, from While largely unseen by the public next year, our total spending in Af- this point forward, the wars must be and, more times than not, not even de- ghanistan will be $557.1 billion, or over paid for. No more emergency funding. bated here on the floor of Congress, half a trillion dollars. No more overseas contingency funds Federal regulations directly impact And when I say ‘‘spend,’’ Madam that get a free pass from responsible jobs and job creation. A Small Business Speaker, I really mean ‘‘borrow,’’ be- budgeting. I believe President Obama Administration report released just cause from day one of the Afghanistan has to bring this to the negotiations, last September, in September of 2010, war—and the Iraq war, for that mat- and the House and Senate members of noted that Federal regulations cost ter—we have not paid for these wars. the supercommittee have to step up to businesses $1.7 trillion each year and We have borrowed nearly every single the plate and end these wars. End these that small businesses, in particular, penny of that money, put it on the na- wars now. They have undermined our bear a disproportionate share of these tional credit card, let it rack up over a economy, and they have undermined costs, averaging over $10,000 for each quarter of our cumulative deficit, our security. employee. helped explode our debt year after year Ten years into the Afghanistan war, Along America’s gulf coast, we have for a decade. the violence shows no signs of abating; recently experienced the direct impact There has only been one other time the Karzai government shows little in- of Federal Government overreach in in the history of the United States that terest in cleaning up corruption; and the oil production industry. The ad- a war was financed entirely through no one is interested in the kind of re- ministration’s de facto moratorium on borrowing, Madam Speaker, without gion-wide negotiations required to new oil drilling has cost our region of raising taxes, and that was when the bring stability and security to all par- the country tens of thousands of jobs— colonies borrowed from France during ties. some say as few as 30,000, others as the Revolutionary War. So I say enough is enough. Get out of many as 70,000 jobs that have been I know lots of Members in this House Afghanistan. The costs in blood and lost—at a time when the gulf coast is believe in the Tea Party, but that’s treasure have been too high. Ten years still struggling to recover from the just stupid economics. is more than enough. After 10 years, worst manmade disaster in American Even if we were to leave Afghanistan it’s time to come home. history. and Iraq tomorrow, our war debt will Just last week, I visited several large continue for decades. Future bills will f and small manufacturers in south Ala- include such things as caring for our THE IMPACT OF REGULATIONS ON bama, in Alabama’s First Congres- military veterans and providing them BUSINESS sional District, that are doing their the benefits they have earned through very best to turn a profit under the The SPEAKER pro tempore. The their services. It will require replacing mantle of increased Federal regulation. military equipment, rebuilding our Chair recognizes the gentleman from In one case, a small manufacturer Armed Forces and paying interest on Alabama (Mr. BONNER) for 5 minutes. with 28 employees related how they the trillions we have borrowed for Mr. BONNER. Madam Speaker, while cannot expand their production due to these wars. These costs are significant. long-term unemployment is now worse new Federal regulations. In fact, they Madam Speaker, this Friday, October than at any time since the Great De- are now being forced to downsize. In- 7, marks the 10th anniversary of U.S. pression and while Americans in grow- credibly, when EPA visits companies to military operations in Afghanistan. ing numbers are becoming more and perform audits, oftentimes they take Ten years, Madam Speaker. Ten years more concerned about the direction away whole file drawers or cabinets of support for a corrupt government. their country is heading, the one thing full of records. The small business own- Ten years of sacrificing our brave uni- that is uniting Americans is the real- ers pay taxes on company profits from formed men and women. Ten years of ization that their Federal Government their personal income taxes, and they borrowing money we never had. is unnecessarily getting in the way of have to keep a consultant on retainer This war is no longer about going job creators, of both small and large just to stay in compliance with all of after al Qaeda, which I voted to do. businesses alike, by tying the hands of the regulations. A medium-sized manu- Osama bin Laden is dead. Instead, employers with bureaucratic redtape facturer we visited last week told me— we’re now bogged down in a seemingly and over-the-top, unnecessary and and they’ve got plants in other States endless occupation in support of a cor- often duplicative regulation. as well, not just in Alabama—that the rupt, incompetent Karzai government. A recent Tarrance Group survey new proposed regulations that they are This is not what I voted for. found that three-quarters of the Amer- looking at would cost their company And the human and financial costs of ican people believe that businesses and alone over $100 million in new regula- the war in Afghanistan go on and on consumers are overregulated. Another tion. and on, not just on the battlefields of two-thirds believe that regulations During his jobs speech to Congress, Afghanistan, but in veterans hospitals have increased over the past few years. in this very Chamber just last month, and counseling clinics around the coun- Americans, understandably so, are con- the President admitted that govern- try. Another $8.4 billion to care for our cerned that regulations will create a ment regulations on businesses serve veterans wounded in both body and hindrance to job creation, and most be- to dampen job creation. He even sug- soul. lieve that new regulation will either gested that he would be willing to work

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Madam Federal laws have contributed greatly But now there’s sort of been this Speaker, I rise along with others this to maintaining our clean air and water morning to note the 10th anniversary as well as the safety of our transpor- amazing political jujitsu where some- how the Republicans, aided by the of our seemingly endless war in Af- tation system, our food and consumer ghanistan. This is a war that long ago Koch Brothers, who have also sub- products, to name but just a few. No became much more about money for sidized the Tea Party, have changed one is saying we shouldn’t have any the Pentagon and defense contractors the narrative. It was the government. regulation. But for all the good that a than about any real threat to the It was overregulation. Overregulation? responsible government can provide American people. with reasonable oversight, make no Oh, come on, guys. There were no And, unfortunately, just yesterday mistake that overzealous regulation rules. They gambled our economy into we authorized spending at a level of can stifle our economy and contribute oblivion. You cannot pretend that this $118.7 billion for the coming year in to a reduced quality of life for all wasn’t wild and reckless, but you’ve Iraq and Afghanistan. Madam Speaker, Americans. That is why House Repub- changed the narrative. You took over we have turned the Defense Depart- licans are working to pass legislation the House. ment into the Department of Foreign to rein in out-of-control Federal regu- Now, this fall, something is hap- Aid, and the American people are tired lations that strangle job creation. pening. Something in this land is hap- of it. They want us to stop rebuilding Last week, the House passed the pening. I call it the American awak- Iraq and Afghanistan and start taking TRAIN Act. If enacted into law, this ening—the occupation of Wall Street, care of our own people. one bill would prevent the administra- which is now spreading to other cities We have spent and are spending bil- tion from imposing some of the most across this country. lions and billions, hundreds of billions controversial new EPA rules, which that we do not have, that we are hav- further threaten job creation and the ing to borrow on people who do not ap- 1020 economy. It would also force the ad- b preciate it unless they are on our pay- ministration to review the impact of They make fun of these young people roll. new regulations before they’re applied. because they are not totally focused on I know last year, Hamid Karzai, the Today, the House is considering two what they want, but what’s happened is leader of Afghanistan, told ABCNews additional significant regulatory re- their future has been stolen from them. that he wanted us to stay there an- form bills—the Cement Sector Regu- I saw some Fox commentators yester- other 15 or 20 years. Well, he wants our latory Relief Act of 2011 and the EPA day morning making fun of them say- money; but we don’t have enough of it, Regulatory Relief Act of 2011. ing, Oh, do you think they got time off and we can’t afford this. I urge that Congress pass this and Alfred Regnery, the publisher of the from work? Oh, well, they don’t have help put the government on the side of conservative The American Spectator jobs, do they? the American workers and job creators, magazine wrote last October that ‘‘Af- not against them. No, they don’t have jobs. What are we ghanistan has little strategic value’’ f doing to create jobs and give these kids and ‘‘the war is one of choice rather a future in this country and rein in the than necessity.’’ He added that it has THE AMERICAN AWAKENING gamblers on Wall Street and restore been a wasteful and frustrating decade. The SPEAKER pro tempore. The the real economy, the productive econ- General Petraeus testified in front of Chair recognizes the gentleman from omy of this country? Nothing. In fact, one of the congressional committees Oregon (Mr. DEFAZIO) for 5 minutes. you want to go back to 2008. That was several months ago that we should Mr. DEFAZIO. Three years ago, after your dream. never forget that Afghanistan has be- a decade of deregulation, the repeal of come ‘‘the graveyard of empires.’’ It is time to begin to deal meaning- Glass-Steagall, which was the deregu- The American people do not want, fully with these problems in this coun- lation of derivatives, Wall Street—the nor can we afford, endless, permanent ‘‘job creators’’—gambled our economy try and that we have the greatest dis- wars; nor do they want 11- or 12-year into oblivion, but they never paid the parity of wealth in our history. Cor- wars that last about three times as price. porate profits are up; jobs are down. long as World War II. Remember George Bush and Hank CEO pay up; jobs are down. Bonuses on Charlie Reese was a columnist for the Paulson, who was the Secretary of the Wall Street, whoa, six figures, up. Jobs, Orlando newspaper, and a few years Treasury? Well, he was kind of a stand- down. ago, probably in the mid- or late 1990s, in, because, actually, he was the It’s time to rectify this, and I think he was voted the most popular col- former chairman of Goldman Sachs, the young people and the others who umnist by C–SPAN viewers. Over 25,000 pretending to be Secretary of the are joining them on Wall Street get it. people, I think, participated in that Treasury. He took care of his buddies They may not be totally focused, but poll. on Wall Street, but he was aided and they know that this isn’t a country But he was very much opposed to abetted by none other than Tim that gives them a fair shot at the these wars, and he wrote this about the Geithner, the chairman of the New American Dream anymore. It’s a Iraq war, but it applies equally well to York Fed. In fact, in one of the most stacked deck, and it’s time for a new Afghanistan: He said this war was outrageous moments of this whole sce- deck and a new order. ‘‘against a country that was not at- nario, Tim Geithner, now Secretary of tacking us, did not have the means to the Treasury—although he wasn’t Reregulate the reckless gamblers on attack us, and had never expressed any chairman of Goldman Sachs, but it’s Wall Street. Rein them in, take steps intention of attacking us. And for probably in his future—decided to pay to rebuild our real economy, give peo- whatever real reason we attacked, it off the gamblers 100 cents on the dollar ple a future, invest in education, invest was not to save America from any dan- when the government had to do the in the basics of this country, transpor- ger, imminent or otherwise.’’ biggest bailout in history of AIG. Now, tation, infrastructure; and we can be a William F. Buckley, Jr., the conserv- that was incredible—100 cents on the great Nation again. But if we continue ative icon, wrote this a few years ago: dollar. down this path, or even if they accel- He said, ‘‘A respect for the power of the At the time, I proposed that, in fact, erate us down this path with helping United States is engendered by our suc- Wall Street should pay for its own bail- the job creators destroy the economy cess in engagements in which we take out—that is, a tax on speculators and again, there’s no hope. part. A point is reached when tenacity

VerDate Mar 15 2010 01:10 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.004 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6560 CONGRESSIONAL RECORD — HOUSE October 5, 2011 conveys not steadfastness of purpose, tional defense into fighting terrorism troops in one nation when the terrorist but misapplication of pride.’’ in a sensible way, not nation-building threat is dispersed and decentralized I want to repeat that. He said, ‘‘A re- in Afghanistan. throughout other parts of the world spect for the power of the United So the central issue here is not just doesn’t make any sense. It’s time for States is engendered by our success in the money, which I’ll address; it’s not this Congress and this President to call engagements in which we take part. A just the time that this war has been the question, change the strategy point is reached when tenacity conveys going on, which I’ll address; it’s the which requires us to right-size what not steadfastness of purpose, but basic strategy. This nation-building ap- our effort is, because that will, A, pro- misapplication of pride.’’ proach, over 100,000 American troops in tect the American people in a better, I think the American people long ago Afghanistan, over 110,000 contractors, more effective way; and, B, it will be a reached the point where they felt that does that make sense when the enemy sustainable strategy, which has to be a these wars should come to an end and that we’re fighting is decentralized and responsibility of the policymakers. we should start taking care of our own dispersed? It’s not a nation state There’s been enormous sacrifice by country. threat. the men and women in uniform. The Georgie Ann Geyer, the conservative And the answer to that, we all troops from the State of Vermont have foreign policy columnist, wrote this a know—it’s common sense, you don’t sacrificed and lost more lives in the few years ago: ‘‘Americans, still have to be a military strategist—is no. Iraq and Afghanistan war on a per cap- strangely complacent about overseas And the main reason we continue on in ita basis than any other State in the wars being waged by a minority in Afghanistan is because arguments are Nation. They are entitled to a policy their name, will inevitably come to a made that it will look bad or it will worthy of their sacrifice. point where they will see they have to look weak if we leave. f have a government that provides serv- Mr. DUNCAN said something, I think, SUFFOCATING REGULATORY ices at home or one that seeks empire that makes a lot of sense. When you ENVIRONMENT across the globe.’’ are persistent in the face of facts that Madam Speaker, fiscal conservatives show that what you are doing is wrong, The SPEAKER pro tempore. The should be the ones most horrified by all it’s time to adjust the strategy. We in Chair recognizes the gentleman from this waste and all this spending. I won- this Congress owe it to the men and Virginia (Mr. HURT) for 5 minutes. der sometimes if there are any conserv- women in uniform to give them that Mr. HURT. Madam Speaker, I rise atives at the Pentagon, any fiscal con- strategy that’s worthy of their willing- today on behalf of the people of Vir- servatives at the Pentagon. ness to sacrifice. ginia’s Fifth District, on behalf of the I will say once again, these wars be- We went into Afghanistan for a le- small business owners and farmers came long ago more about money and gitimate reason. That reason does not across central and southside Virginia power than they did about any real exist today. We went in because that who have been directly negatively im- threat. It is a shame what we are doing was the launching sight where Osama pacted by the suffocating government to the young people of this country, bin Laden planned the 9/11 attacks. regulatory environment. both those in the military and those And we had a right, in our national These good people have been so over- outside the military. self-defense, to take out the sanc- burdened by an overreaching govern- Just this past Sunday, I went to the tuaries and to pursue Osama bin ment that they are left struggling to funeral of another soldier, a young 21- Laden. make ends meet in these challenging year-old man in Madisonville, Ten- Those sanctuaries have been taken economic times, unable to expand their nessee, who had been killed in Afghani- out, and now what we are engaged in is businesses and discouraged from start- stan. And I can tell you it’s time to a continuation and a stumbling ahead ing new ones. Over the past 2 months, stop all the killings of all of our young towards a policy of this nation-building I have traveled through the Fifth Dis- people and let them have a good future where we have 100,000 troops, 40,000 trict, making stops from Green County in this country once again. international troops, 110,000 contrac- to Danville, from Martinsville to f tors, where we’re throwing money at Brunswick County. I heard from con- problems as though these contractors stituents about the very real effects THE WAR IN AFGHANISTAN can get something done, and the cor- that unnecessary government regula- The SPEAKER pro tempore. The ruption associated with a lot that con- tions are having on their businesses Chair recognizes the gentleman from tracting is rampant. and their lives. Vermont (Mr. WELCH) for 5 minutes. Just this last week, I visited with a Mr. WELCH. Madam Speaker, I, first b 1030 convenience store owner in Campbell of all, wish to associate myself with There are 286,000 Afghan National Se- County who has five stores and 48 em- the remarks of Mr. DUNCAN, Mr. JONES, curity Forces troops who are poorly ployees. He has the desire and the re- and Mr. MCGOVERN, who spoke earlier; trained and leave at a moment’s no- sources to expand and build two more and I intend to address the issue of the tice. This has come at an enormous ex- convenience stores, creating more jobs war in Afghanistan. pense to this country: $10 billion a in the area, but he reports that he is This war has got to end. It’s got to month; $2.3 billion a week; $328 million unwilling to do so because of the man- end because it’s making us weaker, not per day; $13.7 million an hour. dates and taxes that will be imposed on stronger. It’s a dead-end strategy that What is happening? Is that where the his business as a part of the job-de- is the result of decisions that were threat to the country is coming from? stroying government takeover of made that do not treat with the re- The terrorist plots that we can identify health care. spect they are entitled to the willing- that have happened in recent years, the Last week I also visited with an ness of our men and women in uniform Fort Hood shooting that killed 13 peo- owner of an auto repair shop in Appo- to serve. They will do whatever it is we ple in November 2009, that was planned mattox. He told me that he first start- ask them to do. in Yemen by Anwar Al Awlaki. The ed his business back in 1987. Back then, Our job is to give them a policy plot to bring down Northwest Airlines he was able to get his business up and that’s worthy of the sacrifice that they Flight 253 on Christmas Day 2009 was running in one day. One day was all it are always willing to make. This war planned in Yemen by the same man. took for him to obtain all of the re- in Afghanistan has been going on for 10 The attempt to bomb Times Square in quired permits and licenses and pay all years. It has morphed into the United May 2010 was planned and ordered by of the required taxes and fees. After States military and the United States the Pakistani Taliban. And the October running his shop for a number of years, taxpayer having the burden of building 2010 plot to bomb cargo planes was he then moved on to another job. Then a nation in Afghanistan. That can’t be again planned in Yemen. just recently in 2011, he decided he done. We know it can’t be done, but So the threat is real. Terrorism is a wanted to reopen his shop and found there is an unwillingness to have a threat to this country. We have to ad- that instead of taking one day to wade reckoning in this Congress and in this dress it, but we have to have a strategy through the regulatory redtape, this country to turn the direction of our na- that works. And having 100,000 of our year it took him 5 months.

VerDate Mar 15 2010 01:10 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.006 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6561 If the President and the United estimated fewer than 100 al Qaeda Mr. SOUTHERLAND. Madam Speak- States Senate want to know why our members remain in Afghanistan, yet er, yesterday, in the Natural Resources economy isn’t growing, this is why. we plan to have 68,000 U.S. troops there Committee, we held an oversight hear- These are the real life implications for in that country through the next year. ing regarding the President’s new Na- Fifth District Virginians and all Amer- If we are to defeat terrorism, we must tional Ocean Policy, an Executive icans created by the regulatory agenda stick to our original strategic mission, order to tell us how we can best use our that has been put in place by this ad- maintaining a laser-like focus on al oceans. ministration and the last Congress Qaeda and capitalizing on our techno- Yesterday, it was amazing to hear over the past 2 years. These added logical and intelligence advantages to those who believe in this policy ap- costs jeopardize the success of our cut off their financing, intercept their plaud the use of the Federal Govern- small businesses and destroy jobs. The operations, and take out their leaders. ment in bringing stakeholders to- added uncertainty crushes the entre- The successful operation against gether. I will say this: This particular preneurial spirit and stalls economic Osama bin Laden epitomizes this tar- policy has been driven from the White growth. And the added expansion of the geted approach. House through Executive order under Federal Government strips away our Where’s our money going? Afghani- the auspices of ocean conservation, freedoms and our opportunities. stan is widely considered to be one of when its actual effects will be far So when a diner owner in Farmville the most corrupt countries in the reaching, economically harmful and tells me that Washington is taking the world, behind only Somalia, and news hurtful to American jobs and busi- breath away from the American people, reports of new corruption emerge every nesses both at sea as well as ashore. this is what she’s talking about, an day. Billions of U.S. dollars are si- Inside of this policy, there is some- ever-growing government that stands phoned off by crooked officials and thing called marine spatial planning, as a barrier between a struggling econ- contractors, carried out of the Kabul how to best use our oceans, totally ig- omy and a growing, vibrant economy airport in bags of cash, and even fun- noring the common sense that the God that we all desperately want. neled to warlords and the very Taliban who created us gave us at the moment So as the House continues to lead the that we often oppose. To date, the U.S. He did create us. The background of way and works to reduce unnecessary has spent nearly half a trillion dollars this goes back quite some time. In 2009, a task force—I love those regulations, it is my hope that we will in Afghanistan, and that pricetag in- here. We have so many. We have coun- keep in mind the convenience store creases by $10 billion every month that cils and task forces. Do you know owners, the auto repair shop owners, we stay there. Meanwhile, we are what? We need to form another com- and all of the small businesses and forced to cut critical services at home mittee. Well, I’m of the opinion that farmers who are relying on us to get in the face of our rising deficit and fi- had Moses formed another committee, this right, who are relying on us to nancial instability. We continue to they would still be wandering around support those policies that remove the hemorrhage finite U.S. resources in Af- in the desert today. However, that’s Federal Government as a roadblock to ghanistan, and it makes us less, not the mode of operation here. And in job creation and return our economic more safe. these frameworks and in these task recovery back where it belongs—in the When will this war end? While the forces, they come out with effective hands of the people. current timeline commits 68,000 troops coastal and marine spatial planning. f through 2013, there are reports, backed I believe this is one of the largest ef- AFGHANISTAN STILL NEEDS AN up by some facts, that in the ongoing forts of government regulatory over- EXIT STRATEGY talks with the Afghan government reach in my lifetime. And with the about the future of the U.S.-Afghani- world being 73 percent water, what bet- The SPEAKER pro tempore. The stan relationship, the U.S. is consid- ter way—for if we can capture and Chair recognizes the gentleman from ering having 35,000 U.S. troops in Af- make sure that we determine what peo- California (Mr. GARAMENDI) for 5 min- ghanistan until 2025 at an expected ple do with these waterways, what bet- utes. cost of over $50 billion a year. ter way to push our policies forward, to Mr. GARAMENDI. Thank you, The human cost of this war is im- rob the American people of job oppor- Madam Speaker. measurable. The dedication and the tunities and the freedoms that I believe On October 7, 2001, the United States commitment of American men and were given at birth? officially began Operation Enduring women in uniform is absolute. Our The National Ocean Policy is less Freedom, and the war in Afghanistan troops in Afghanistan execute their or- about coordinating fishing activities was underway. The last decade of wars ders that put them at risk because with other ocean user activities and has cost thousands of U.S. lives and they trust the mission in which they more about creating new regulatory hundreds of billions of taxpayer dol- are deployed. That is absolutely essen- processes to further restrict fishing op- lars. tial to our Nation’s security. This portunities in both the recreational As a member of the House Armed steadfast loyalty is our Nation’s most and commercial fishing sectors, ac- Services Committee and as a represent- sacred resource, and thus, it is our cording to the director of public affairs ative of thousands of servicemembers, most solemn responsibility to ensure for the At-sea Processors Association. military families, and veterans, I’m en- that it is never squandered. In my State of Florida, we have a cri- trusted with weighing the decision on There is no U.S. military solution in sis when it comes to homes and when it what the profound effect on our Na- Afghanistan. A political reconciliation comes to real estate. Yet I know that tion’s security this war has brought is essential. Afghanistan’s future de- homebuilders are going to be damaged and on the men and women that risk pends upon Afghans, not American sol- greatly because this regulatory push their lives every day to ensure that se- diers. By ending this war, America can does not just deal with offshore, but it curity. As we mark the 10th anniver- focus on rebuilding the foundations of also deals, as I stated, with onshore. sary of the longest war in America’s America’s strength and security by The National Ocean Policy has a po- history, we believe it’s time for Con- paying down our Federal deficit, grow- tential to create yet another set of gress to ask some very serious ques- ing our economy, and putting Ameri- standards and/or approvals that could tions about our military engagement cans back to work. unnecessarily impose significant im- in Afghanistan. pacts on homebuilders, private land- Whom are we fighting in Afghani- f owners, and other businesses while pro- stan? We entered this war because of b 1040 viding minimal—minimal—effects. the threat posed by the international Yesterday, we heard that what this terrorist organization al Qaeda. While THE PRESIDENT’S OCEAN ZONING plan does is bring together, through an al Qaeda expands its operations around PLAN adaptive process, stakeholders. Well, the globe, our military is tied up in a The SPEAKER pro tempore. The do you know what? We have the ability ground war against the Taliban, an Af- Chair recognizes the gentleman from as stakeholders to communicate now. ghan rebel group with domestic ambi- Florida (Mr. SOUTHERLAND) for 5 min- Since when do we need the Federal tions. Senior intelligence officials have utes. Government to tell us that we can talk

VerDate Mar 15 2010 01:10 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.008 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6562 CONGRESSIONAL RECORD — HOUSE October 5, 2011 to each other? Have we been so dumbed It is especially important for women. Party, and the other is a candidate for down? No, we have not. We have the Women over the age of 80 are most the Republican nomination for Presi- ability to talk now and communicate likely to be living at or below the pov- dent. without forming another government erty level. Nearly a quarter of women Even today in our House, we have bureaucracy that robs us of those free- in that age group are officially des- Members who still are beating the doms. titute. Pay attention to them. When tired, failed horse that Social Security And I appreciate that call to being a you’re at the supermarket and you see is unconstitutional. stakeholder at the table, but really— them looking at cases and they can’t b 1050 really—that would be like the Greeks buy anything, give them $5. Social Se- asking the people of Troy to help plan curity benefits millions of older women But the numbers are clear. Half of all the design and construction of the Tro- and helps keep them out of poverty. seniors live near or below the poverty jan Horse. This is nuts—nuts. What many people seem—or choose— line, and one in three seniors depends I live in Florida. I lived on the coast. to forget is that Social Security is an on Social Security for more than 90 I have spent my whole life on the insurance program for retirement, for percent of their income. What happens coast. disability, and for survivorship. It is to these Americans if we start vio- This is another plan to push onerous not designed to give you higher returns lating the program they depend on, regulations upon the American people or beat the Standard & Poor’s 500 or frankly, for their lives? and to rob the States and to abolish bolster your stock portfolio. It is not Let me close with some comments and do away with the 10th Amendment. welfare. Social Security is an earned from Americans in Ohio about Social I’m telling you, the States should be insurance benefit designed to give re- Security. A woman from Toledo wrote: doing more while the Federal Govern- tirees, the disabled, and survivors sta- ‘‘My retiree insurance was canceled ment should be doing less. ble, guaranteed benefits each month last year. I had to get a plan to pay for Do not be fooled by this. We must not for the rest of their lives. It is financed my medicine. Even though I have part be fooled by this. They say we need an by the taxes retirees paid into the sys- D, I still have to pay for my prescrip- economic analysis going forward. Well, tem during their working years tions because I’m in the doughnut hole. how about a constitutional analysis to matched by their employer. It costs me more than $700 a month. examine the balance between the Fed- Born out of the Great Depression, That’s half my Social Security check.’’ eral Government and the State govern- President Roosevelt ensured the pro- Her story is the story of millions of ments? gram would be financed by payroll de- Americans across this country. The National Ocean Policy is some- I urge my colleagues to stand with thing that concerns me greatly, and I ductions, matched by employers, so Americans would understand this in- me to protect Social Security and its really believe with all my heart it guaranteed secured benefits for all re- would have concerned, in a terrible surance program is an earned benefit. This arrangement would guarantee, as tired Americans. Our seniors have way, our Founding Fathers. This is an earned these benefits. effort to turn our oceans into an aquar- he put it, that: no politician can ever ium. It is high time that the American scrap that Social Security program. f This is exactly why putting people people stood up and said enough is BRING OUR TROOPS HOME FROM back to work and creating jobs is the enough. AFGHANISTAN best long-term financing solution to f ensure Social Security’s long-term sol- The SPEAKER pro tempore. The SOCIAL SECURITY vency. There are 14 million Americans Chair recognizes the gentleman from California (Mr. GEORGE MILLER) for 5 The SPEAKER pro tempore. The out of work, and getting the unem- minutes. Chair recognizes the gentlewoman from ployed back to work is the fastest way Mr. GEORGE MILLER of California. Ohio (Ms. KAPTUR) for 5 minutes. to inject billions of dollars back into Ms. KAPTUR. Madam Speaker, I rise the Social Security trust funds, stabi- This Friday, October 7, marks the 10th to defend Social Security. We’ve heard lizing the program for generations to anniversary of the beginning of the war Social Security derided by certain ex- come. in Afghanistan. Our men and women in treme politicians lately claiming it With all of the misleading Repub- uniform have fought valiantly in this can’t survive, that it’s unsustainable lican rhetoric about Social Security war over the last decade at great cost. and that the beneficiaries who earned being broken and a so-called ‘‘lie,’’ More than 1,700 American soldiers have their retirement benefits need to face they claim, some have forgotten that lost their lives as they fought to de- the hard truths. Well, here are some the other side has always been opposed stroy al Qaeda and hunt down Osama really hard truths about Social Secu- to the program. bin Laden. Thousands more have come rity: In 1935, the Social Security Act made home with very serious life-long inju- The average retirement benefit is its way through the Ways and Means ries. merely $14,000 a year; Committee but received not a single When I’m at home in California and The median income of senior house- Republican vote on the committee. The talk with veterans and their families, I holds is only $25,000 a year; ranking Republican said at that time can see how much our soldiers have One in three seniors depend on Social that he would ‘‘vote most strenuously sacrificed. I want to offer my sincere Security for 90 percent or more of their in opposition to the bill at each and thanks and appreciation to all of the income. every opportunity.’’ Republicans have men and women in uniform who have The fact is that Social Security is a opposed the program every step of the carried out their duty in Afghanistan. critical program for seniors across our way. As the anniversary approaches, I am country. It is a lifeline to half of all In 1984, former Representative Dick thinking particularly of Army Captain seniors who make under $25,000 a year. Armey, now a Tea Party godfather, de- John Hallett III of Concord, California, This is a chart that shows the var- scribed Social Security as a ‘‘bad re- in my congressional district, and his ious income levels. Half of the people tirement’’ plan and a ‘‘rotten trick’’ on family. Captain Hallett was killed in of our country who are seniors receive the American people. He said, ‘‘I think action in southern Afghanistan on Au- less than $25,000 a year on the program. we’re going to have to bite the bullet gust 25, 2009. I was honored to have pro- It is even more important to the 25 per- on Social Security and phase it out vided him a congressional nomination cent of seniors who earn less than over a period of time.’’ to the West Point Academy. $15,000 a year. And for the nearly 4 mil- And then in 1987, former Representa- This week, all of us should honor the lion seniors who earn less than $10,000 a tive Newt Gingrich said, ‘‘While many tremendous sacrifices our men and year, it is the difference between scrap- politicians are still afraid to mention women in uniform made for their coun- ing by or having nothing at all. Ac- abolishing Social Security,’’ he said, ‘‘I try in Afghanistan. And our objective cording to the Center for Budget and am convinced this generation is ready in Afghanistan has been achieved— Policy Priorities, Social Security for honest talk and real leadership.’’ Osama bin Laden has been killed, and keeps 20 million Americans out of pov- These are not retired politicians few al Qaeda members remain in the erty. speaking. One is a leader in the Tea country. Yet, unfortunately, our troops

VerDate Mar 15 2010 01:10 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.010 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6563 in Afghanistan are now bogged down in Motors was told that they wouldn’t be so abusive of the process—because they an unending and deadly war with the allowed to sell their electric car in might get mad at us is simply a total Taliban and defending the corrupt Af- China unless they gave up their tech- misreading of the situation. ghan Government. To this day, the nology—again, a blatant violation. So I ask that Mr. Krugman’s column, government in Kabul, led by President So we should be more aggressive in documenting the case for the Senate Karzai, has not been able to take general. But particularly on the cur- legislation that directs our administra- charge of its country, even as it has rency issue, the manipulation by the tion to take action against Chinese been able to provide enormous favors Chinese is quite clear. As Mr. Krugman currency manipulation, be put in the for the President’s cronies and family. points out: ‘‘To get our trade deficit RECORD. In these difficult times, we cannot af- down, we need to make American prod- And I want America to be coopera- ford to spend tens of billions of dollars ucts more competitive, which in prac- tive with the rest of the world. I want per month defending a corrupt regime. tice means that we need the dollar’s us to share our wealth in ways that We cannot afford to continue to pro- value to fall in terms of other cur- will help people who are desperately vide payments to contractors who turn rencies . . . but sensible policymakers poor. But this notion—and it really around and use those payments to pay have long known that sometimes a comes down to this—that we have off the very same Taliban who are kill- weaker currency means a stronger somehow taken on this geopolitical ing our troops in Afghanistan. But economy, and have acted on that role, where we are the guarantors of above all, our soldiers cannot be asked knowledge. stability everywhere in the world and to continue to risk their lives for years ‘‘The United States can’t and therefore we should not be too aggres- and years to come. Instead, it is time shouldn’t be equally aggressive to sive in our own interests because we to bring all of our troops home and to Switzerland. But given our economy’s might—we should not ever be putting invest in America instead. By doing so, desperate need for more jobs, a weaker the legitimate economic needs of our we can honor the enormous sacrifice dollar is very much in our national in- citizens above geopolitical interests, that our troops have made, and at the terest—and we can and should take ac- that is wrong; and Mr. Krugman docu- same time ensure that they have a tion against countries that are keeping ments it. strong and prosperous country to come their currencies undervalued, and [From the New York Times, Oct. 2, 2011] home to. thereby standing in the way of a much HOLDING CHINA TO ACCOUNT f needed decline in our trade deficit. (By Paul Krugman) That, above all, means China.’’ HOLDING CHINA TO ACCOUNT The dire state of the world economy re- Now, I am very pleased to say, as Mr. flects destructive actions on the part of The SPEAKER pro tempore. The Krugman notes, that the Senate is many players. Still, the fact that so many Chair recognizes the gentleman from moving ahead on this, and a bipartisan have behaved badly shouldn’t stop us from Massachusetts (Mr. FRANK) for 5 min- majority in the Senate is voting for holding individual bad actors to account. utes. this bill. I was disappointed to see the And that’s what Senate leaders will be Mr. FRANK of Massachusetts. Republican leadership in this body an- doing this week, as they take up legislation Madam Speaker, I want to quote from that would threaten sanctions against China nounce that they won’t take the bill and other currency manipulators. a column earlier this week written by up. It is extraordinary to me that the Respectable opinion is aghast. But respect- Paul Krugman, who does an extraor- Republican leadership of this body ap- able opinion has been consistently wrong dinarily good job of presenting the case parently plans to go to the defense of lately, and the currency issue is no excep- for a change in our economic policies the Chinese economy by not allowing a tion. to deal with the unemployment that bill that got bipartisan support in the Ask yourself: Why is it so hard to restore plagues not just us, but others in the Senate to allow us to respond to Chi- full employment? It’s true that the housing world. bubble has popped, and consumers are saving nese unfair manipulation of their cur- more than they did a few years ago. But once The column is headlined ‘‘Holding rency. upon a time America was able to achieve full China to Account.’’ And he begins: Now, there is one argument against employment without a housing bubble and ‘‘The dire state of the world economy it, which is, well, we’d better be care- with savings rates even higher than we have reflects destructive actions on the part ful, we might make them angry. They now. What changed? of many players. Still, the fact that so might retaliate. How do they retaliate The answer is that we used to run much many have behaved badly shouldn’t beyond what they’re doing? The Chi- smaller trade deficits. A return to economic stop us from holding individual bad ac- nese are in violation in area after area health would look much more achievable if tors to account.’’ And that’s what Sen- of the very free-trade rules to which we weren’t spending $500 billion more each year on imported goods and services than ate leaders will be doing this week— they said they were there. foreigners spent on our exports. they did it already, they’ve begun the There is this view that goes around To get our trade deficit down, however, we process—as they take up legislation in this country that almost everybody need to make American products more com- that would threaten sanction against in the world is doing us a favor by let- petitive, which in practice means that we China and other currency manipula- ting us be nice to them. The notion need the dollar’s value to fall in terms of tors. that we somehow will anger China ig- other currencies. Yes, some people will Respectable opinion is aghast, but re- nores the way the Chinese are now be- shriek about ‘‘debasing’’ the dollar. But sen- spectable opinion has been consistently having, and it ignores the economics. sible policy makers have long known that sometimes a weaker currency means a wrong lately, and the currency issue is China has much more to lose in a dis- stronger economy, and have acted on that no exception. pute with the United States economi- knowledge. Switzerland, for example, has in- China has an enormous trade surplus cally than we do. They have this enor- tervened massively to keep the franc from with the United States, and a signifi- mous trade surplus with us. They buy getting too strong against the euro. Israel cant part of that is due to their con- American debt, it is true, not as a has intervened even more forcefully to weak- scious intervention to undervalue their favor to us, but because that’s the en the shekel. currency. Now, that comes, to some ex- safest place to put their debt. If they The United States, given its special global role, can’t and shouldn’t be equally aggres- tent, at the expense of some in China had a better place to put it, they would sive. But given our economy’s desperate need in terms of the cost of living. On the put it somewhere else. This is no favor for more jobs, a weaker dollar is very much other hand, it provides employment. to us. in our national interest—and we can and There are of course other ways in I am for an American role of coopera- should take action against countries that which China interferes with the free tion with the world. I wish we would do are keeping their currencies undervalued, trade to which they supposedly adhered more to alleviate hunger, to fight ill- and thereby standing in the way of a much- when they were allowed to join the ness in poor countries. I am very much needed decline in our trade deficit. WTO, a move I voted against. They are in favor of our continuing to work with That, above all, means China. And none of the arguments against holding China ac- manipulating the rare-earth situation, the multilateral organizations, but this countable can stand serious scrutiny. restricting exports illegitimately to notion that we should not stand up for Some observers question whether we really force companies to come there. We re- our own legitimate economic interests know that China’s currency is undervalued. cently had a situation where General against a nation like China—which is But they’re kidding, right? The flip side of

VerDate Mar 15 2010 01:10 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.011 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6564 CONGRESSIONAL RECORD — HOUSE October 5, 2011 the manipulation that keeps China’s cur- closure right now, Madam Speaker. We It’s not what we need to do. It’s what rency undervalued is the accumulation of all have those families in our districts we need to undo. H.R. 1418 undoes that dollar reserves—and those reserves now that are struggling with layoffs. And 121⁄4 percent cap, Madam Speaker, and amount to a cool $3.2 trillion. 1 Others warn of bad consequences if the we have those families in our districts raises it to 27 ⁄2. Hear that. Every cred- Chinese stop buying United States bonds. that are the small business owners that it union in America would be able to But our problem right now is precisely that actually drive this economy. participate in funding small businesses, too many people want to park their money b 1100 in providing the capital that small in American debt instead of buying goods businesses need to succeed. You can’t and services—which is why the interest rate That’s another area of agreement we succeed without capital. Capital’s not on long-term U.S. bonds is only 2 percent. have, Madam Speaker. Folks know it’s Yet another objection is the claim that available in America today. We need to not the big businesses in America that find ways to do that. Chinese products don’t really compete with hire; it’s the little businesses in Amer- U.S.-produced goods. The rebuttal is fairly Something else you don’t hear a lot, technical; let me just say that those making ica. It’s those entrepreneurs out there. Madam Speaker, is where the House this argument both overstate the case and It’s those folks who think that they and the Senate are coming together on fail to take the indirect effects of Chinese have an idea. It’s that husband and things. These days, more than most, it currency policy into account. wife team who goes out and says, I can seems hard to find those things that In the last few days a new objection to ac- do it better, and they hang out their tion on the China issue has surfaced: right- the House and Senate agree on. But to own shingle. be clear, this bill has been introduced wing pressure groups, notably the influential But anybody who’s talked to those Club for Growth, oppose tariffs on Chinese in the Senate, too. It’s S. 509 on the goods because, you guessed it, they’re a form small business men and women these Senate side, and it has 20 cosponsors in of taxation—and we must never, ever raise days, Madam Speaker, knows that the Senate, so that’s about one-fifth of taxes under any circumstances. All I can say folks have a tough time getting access the Senate is already on board. Eighty- is that Democrats should welcome this dem- to credit. It seems now in America the four Members of the House, that’s onstration that antitax fanaticism has only people who can borrow money are about 20 percent of the House also on reached the point where it trumps standing folks who don’t need any money at all. up for our national interests. board. To be fair, there are some arguments And that’s a challenge. That’s a chal- This is something we can do, Madam against action on China that would carry lenge because what makes this econ- Speaker. It’s something we can do some weight if the times were different. One omy grow are those folks who say: I today. It doesn’t cost the taxpayer a is the undoubted fact that inflation in China, can use that money better. I can do nickel—doesn’t cost the taxpayer a which is raising labor costs in particular, is something more efficiently. I can add nickel—and frees up capital for our gradually eliminating that nation’s currency productivity if only you’ll take a undervaluation. The operative word, how- small business men and women. chance on me. I want folks, Madam Speaker, to look ever, is ‘‘gradually’’: something that brings But the regulators, Madam Speaker, the United States trade deficit down over out over the horizon, as you and I do, four or five years isn’t good enough when un- that’s what I hear from my bankers: and say: What’s going to change job- employment is at disastrous levels right My regulators won’t let me lend any- lessness in this country? What’s going now. more. That’s what I hear from my to change it? And the reality of the unemployment dis- bankers: The regulators came in, ROB, We have the lowest level of entrepre- aster is also my answer to those who warn and told me I can’t give any more neurship in this country that we have that getting tough with China might unleash money out to small businesses. a trade war or damage world commercial di- seen in 30 years—30 years—and it’s en- plomacy. Those are real risks, although I So where are we? Where are we? trepreneurs that drive this train. It’s think they’re exaggerated. But they need to What’s going to hire our young people, not the big guys; it’s the little guys. be set against the fact—not the mere possi- Madam Speaker? What’s going to fuel This bill, Madam Speaker, frees up bility—that high unemployment is inflicting the economy? What’s going to pay the our money that we have put into our tremendous cumulative damage as we speak. Social Security taxes that need to be credit unions by removing restrictions Ben Bernanke, the chairman of the Federal paid if we can’t create those jobs? that we, as a Congress, have placed on Reserve, said it clearly last week: unemploy- Well, I want to talk about something ment is a ‘‘national crisis,’’ with so many our credit unions to allow them to be a workers now among the long-term unem- else that unites us as a House, and part of job growth. ployed that the economy is at risk of suf- that’s H.R. 1418. It’s the Small Business We don’t need another stimulus bill. fering long-run as well as short-run damage. Lending Enhancement Act, Madam We don’t need to spend more taxpayer And we can’t afford to neglect any impor- Speaker, and it’s sponsored by 33 Re- money. And by ‘‘taxpayer money,’’ I tant means of alleviating that national cri- publicans and 51 Democrats. You don’t mean, as the gentleman from Massa- sis. Holding China accountable won’t solve hear that very often when you watch chusetts said earlier, money we’re bor- our economic problems on its own, but it can C–SPAN, Madam Speaker. I know that contribute to a solution—and it’s an action rowing from China to spend on stim- that’s long overdue. to be true. But about half Republicans ulus programs. We can do it simply by and about half Democrats come to- f undoing those rules and regulations gether on what is called the Small that we’ve passed already in this WE CAN ALL AGREE ON THE NEED Business Lending Enhancement Act House, Madam Speaker. FOR JOBS that says to our credit unions, those H.R. 1418, it doesn’t do it overnight; The SPEAKER pro tempore. The small institutions in each of our com- it does it gradually. It requires that Chair recognizes the gentleman from munities, be a part of job creation. the regulators be involved. It says only Georgia (Mr. WOODALL) for 5 minutes. I ran for Congress, Madam Speaker, if you have experience in member lend- Mr. WOODALL. Madam Speaker, as on the platform that it’s not that the ing, only if you’re well capitalized, and you know, when folks turn on C–SPAN, government does too little; it’s that only if you have a history of doing it it’s not hard to find those things that the government does too much. There’s well. divide us here on the House floor. We nothing wrong with the foundation of Let’s pass H.R. 1418, Madam Speaker, can talk to anybody that we see walk- America. It’s the way we’ve hamstrung and let’s move it to the Senate. ing around the Capitol today, and they America with additional rules and reg- f could talk about those issues that di- ulations. Our credit unions are in that vide us as a Nation. But I’m a firm be- spot. TRIBUTE TO MS. FAYE STEVENS- liever that there is actually more that For folks who don’t know, credit JETT unites us as a Nation than divides us. unions today are only allowed to lend The SPEAKER pro tempore. The And I know one of the things that about 121⁄4 percent of their assets to Chair recognizes the gentleman from unites this House in this time in our small businesses, to businesses at all, Illinois (Mr. DAVIS) for 5 minutes. Nation’s history, more than in others, in fact, and they want to do more. Mr. DAVIS of Illinois. Madam Speak- is that desire to create jobs for Amer- Folks can’t find the money at banks. er, I rise to pay tribute to one of my ican families. They come to their credit unions. They constituents who’s spent a great deal We all have those families in our dis- say, Can you help? And Congress has of her life bringing joy, happiness, and tricts that are struggling with fore- said, No. Congress has said, No. direction into the lives of others. I

VerDate Mar 15 2010 01:10 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A05OC7.002 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6565 come today to pay tribute to Ms. Faye Almost one in every five persons is un- the Prime Minister of Israel meeting Stevens-Jett and the Up2Us organiza- employed. The unemployment rate with Hitler. tion that is in town this week. among our veterans is at least 2 per- And one would have to argue, am I Athletics has been and continues to cent higher than among civilians. defending the Speaker of the House or be a road to success and a better life America can do better than this be- the President of the United States? I’m for thousands and thousands of people. cause America is a country about peace defending the idea that ugly speech For many of them, it has been because and prosperity and opportunity. These should be called out any time it is uti- they had a coach, a mentor, or a friend ideals don’t have a price tag, but they lized. Mr. Williams, you might stick to with whom they connected and formed do have a value. the penning of a new hit that you lasting friendships and relationships in So let’s end this war now. Let’s re- haven’t had for a long period of time, their athletic endeavors. store peace now. And let’s show what although I’m sure you have many fans, One such coach has been Ms. Faye America really believes, what our real for you to characterize any leader as Stevens-Jett, a physical education values are: peace and understanding. the dastardly and heinous person that teacher and athletic director at the f Hitler was, the dastardly and heinous Morton School of Excellence in Chi- and horrific acts that he perpetrated cago, Illinois, located in my congres- CIVILITY IS NEEDED on people who were innocent. From sional district. Ms. Stevens-Jett is a The SPEAKER pro tempore. The those who happened to be of the Jewish single mother of two boys, and yet Chair recognizes the gentlewoman from faith to Polish people to people of finds time to be engaged with a large Texas (Ms. JACKSON LEE) for 5 minutes. many different backgrounds that lost number of other young people through Ms. JACKSON LEE of Texas. Madam their lives in this disgraceful era that her coaching of double Dutch, Speaker, thank you for your indul- was led by Hitler during the time that cheerleading, and pom-pom teams. gence. Germany was led by the Nazis. Ms. Stevens-Jett has been selected by We were in a Judiciary Committee Up2Us as a coach of the year. Up2Us is hearing on the importance of pro- What a disgraceful statement. an organization that supports pro- tecting this Nation from weapons of So I would ask that we understand grams that use sports to address crit- mass destruction and then in a hearing that America is a great country be- ical issues facing youth in America. It on the Homeland Security Committee, cause people view us as being tolerant also helps to address serious health on which I serve, in trying to ensure of so many different things. issues such as obesity and other child- that we secure this homeland and also hood illnesses and diseases. respect the privacy of our citizens. I And I conclude by suggesting that Ms. Jett is a member of my congres- believe that is a very important chal- those who are watching those on Wall sional district, and I take this oppor- lenge. Street who have gathered now, 700 of them were arrested, college students tunity to commend and congratulate b 1110 her and Up2Us for their outstanding may be out of their classes at 12 noon, work. I wanted to come to this floor to call and I say hurray for people who are I also urge support to increase phys- for civility and understanding. Those standing up and asking the question, ical fitness as a part of our everyday are two conflicting terms. But as a where is my country going? lives. It is up to us. member of the Judiciary Committee, I want to take it back. I do believe in having the privilege to oversee the f saving Medicare, Medicaid, and Social Constitution of the United States, I Security, Pell Grants that are on the WHAT DOES THE WAR IN hold very dear the idea of the Bill of cutting board. I want a job, and I want AFGHANISTAN MEAN? Rights, which allows our citizens the banks to be able to give access to cred- The SPEAKER pro tempore. The right to the First Amendment, the it to small businesses. Of the five that Chair recognizes the gentleman from right to association, and the right to I visited over my time in my district, California (Mr. FARR) for 5 minutes. freedom of religion. and more that are coming as I go to Mr. FARR. Madam Speaker, I rise to But sometimes you have to call upon many others, I hear over and over talk about the war in Afghanistan. your right to explain or to express your again, are we going to respond to the We’ve been in Afghanistan since 2001. abhorrence with ugly speech. needs of small businesses or are banks What does that mean? I’ll tell you So I want to say that over the past going to continue to crush the backs of what it means. couple of days, we have had Herman small businesses by not lending them It means 3,650 days of violence and Cain shouting out about brainwashing credit? People have a reason to be suffering. It means 1,695 American lives of a certain population of people, Afri- upset. But we don’t have to use ugly lost. It means $454 billion added to our can Americans, who I guess he suggests talk. deficit. It means that this war has got that we are not educated persons and to end. as different as any other population of But don’t judge people because It’s time to apply the Republican Americans. The greatness of Americans they’re out in the streets. I disagree mantra, ‘‘cut, squeeze and trim’’ to the is that we are mosaic, we are diverse. with the Tea Party because of the Afghanistan war because the cost is Though I may challenge the philosophy stranglehold that they have on this simply too high. Also, we can’t afford of the Tea Party and have great abhor- Congress that doesn’t allow us to come to lose another life in this war. We can- rence of their views, I would never sug- together in a civil manner and come not afford to spend another dollar on gest that those individuals didn’t together on behalf of the American it. thoughtfully think about who they people. But at the same time I recog- And if our spending reflects our pri- wanted to associate with. So again to nize their constitutional rights, recog- orities, then we’re totally missing the Mr. Cain, get your vocabulary straight nize the constitutional rights of those point. Americans don’t seek war. Fifty- and understand that we have a brain as that Wall Street and other places have nine percent of likely voters want U.S. well and make choices on our interests. chosen to be arrested because they troops brought home from Afghani- Then my good friend Hank Williams, don’t like what is going on in this Na- stan. who I guess professes to be one of tion. They don’t like the fact we are in But I’ll tell you what Americans do America’s great philosophers, when he an obstruction form of government, want. They want jobs. And if we had was posed a question about the Presi- that we would take from those who taken all the money we’ve spent on the dent of the United States and the need us most and we would use them to war, we could have created almost 1 Speaker of the House attempting civil- balance the budget. million education jobs, 780,000 health ity through what a lot of Americans I’m going to stand with the people care jobs, or 364,000 construction jobs. do, playing golf, he chose to use a, who are out in the streets and say, you But we didn’t do that. what I think was both an unhelpful and are right—and tell Hank Williams to We have 9.1 percent unemployment disgraceful comparison. Now, I don’t try and write another song that might nationwide, and parts of my district know who he was calling what, but he get him a hit so he doesn’t have to talk have over 18 percent unemployment. used the phrase that it would be like so much.

VerDate Mar 15 2010 01:10 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.013 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6566 CONGRESSIONAL RECORD — HOUSE October 5, 2011 RECESS H.R. 771. An act to designate the facility of force, with a long history of labor and the United States Postal Service located at management working together in co- The SPEAKER pro tempore. Pursu- 1081 Elbel Road in Schertz, Texas, as the ant to clause 12(a) of rule I, the Chair operation. It is also the result of labor ‘‘Schertz Veterans Post Office’’. and management working diligently to declares the House in recess until noon H.R. 1632. An act to designate the facility today. of the United States Postal Service located get a deal done. Their goal was busi- Accordingly (at 11 o’clock and 15 at 5014 Gary Avenue in Lubbock, Texas, as ness growth and job creation, and they minutes a.m.), the House stood in re- the ‘‘Sergeant Chris Davis Post Office’’. accomplished it without the brinksmanship and manufactured cri- cess until noon. f ses that have become far too common f ANNOUNCEMENT BY THE SPEAKER in Washington this year. b 1200 The SPEAKER. The Chair will enter- Perhaps Congress can learn from Ford and the UAW that when two sides AFTER RECESS tain up to 15 requests for 1-minute speeches on each side of the aisle. sit down at the table and bargain in The recess having expired, the House good faith toward a common good, the was called to order by the Speaker at f end can be more satisfying, resulting in noon. HOUSE REPUBLICANS CONTINUE new business investment and job f TO LEAD THE WAY PROMOTING growth. PRAYER JOBS f The Chaplain, the Reverend Patrick (Mr. WILSON of South Carolina THE CEMENT SECTOR J. Conroy, offered the following prayer: asked and was given permission to ad- REGULATORY RELIEF ACT OF 2011 Loving and gracious God, we give dress the House for 1 minute and to re- (Mr. YOUNG of Indiana asked and You thanks for giving us another day. vise and extend his remarks.) was given permission to address the Bless the Members of this assembly Mr. WILSON of South Carolina. Mr. House for 1 minute.) as they set upon the work of these Speaker, yesterday, Federal Reserve Mr. YOUNG of Indiana. Mr. Speaker, hours, of these days. Help them to Chairman Ben Bernanke, a native of yesterday, I had the opportunity to make wise decisions in a good manner Dillon, South Carolina, testified before meet with Hilltop Resources, a con- and to carry their responsibilities the Congressional Joint Economic crete company that has a presence in steadily with high hopes for a better Committee. He sadly stated that eco- my southern Indiana district. They future for our great Nation. nomic indicators point toward a ‘‘slug- were here to talk about how the new You have created Your people to live gish job growth’’ and that the so-called Cement MACT regulations would affect in an environment of great diversity of economic recovery is ‘‘close to fal- their business and their workforce. race, color, creed, and opinion. These tering.’’ Their cost of production would go up differences enrich our human experi- Chairman Bernanke went on to say 7 to 10 percent—a huge hit for any busi- ence but also demand of us the need to the primary factor affecting consumer ness. They would have to import more negotiate preferences and opinions to- confidence was the lack of job growth. of their raw materials from places like ward a common goal. He further characterized the country’s China—materials that are of a lesser Please give to the Members of the long-term unemployment rate as a quality. And those increased costs people’s House, in abundance, the wis- ‘‘national crisis.’’ This follows the would require them to scale back their dom, skill, and patience to see past President’s admission Monday that American workforce at a time when we their differences toward their com- voters are not better off than they need them to expand. monalities in order to forge a strong were 4 years ago. With failed policies, We cannot keep letting the EPA im- and secure future for our Nation. the President needs to change course. pose these burdensome and job-crush- May Your blessing, O God, be with House Republicans have sent nearly ing regulations without any concern them and with us all this day and every 90 bills to the Senate for consideration, for how they affect our constituents. day to come, and may all we do be done but only 20 have passed the Senate. When we take up H.R. 2681 later today, for Your greater honor and glory. Much of this legislation dealt directly we have the chance to help an industry Amen. with limiting spending, terminating that has already been hit hard by the failing housing programs, and encour- f recession. I urge my colleagues to sup- aging job creation. port this measure. THE JOURNAL In conclusion, God bless our troops, f The SPEAKER. The Chair has exam- and we will never forget September the UP2US ANNUAL COACH OF THE ined the Journal of the last day’s pro- 11th in the global war on terrorism. YEAR ceedings and announces to the House f (Mr. MCINTYRE asked and was given his approval thereof. FORD AND THE UAW Pursuant to clause 1, rule I, the Jour- permission to address the House for 1 nal stands approved. (Mr. HIGGINS asked and was given minute and to revise and extend his re- permission to address the House for 1 marks.) f minute.) Mr. MCINTYRE. Mr. Speaker, I rise PLEDGE OF ALLEGIANCE Mr. HIGGINS. Mr. Speaker, it is with today to recognize Up2Us, a leading The SPEAKER. Will the gentleman great satisfaction that I report to the youth sports development organization from Virginia (Mr. RIGELL) come for- House today on the agreement reached working to address childhood obesity ward and lead the House in the Pledge between the Ford Motor Company and and promote improved academic per- of Allegiance. the United Auto Workers and its posi- formance and constructive activities Mr. RIGELL led the Pledge of Alle- tive impact on the Nation and in west- for youth. Up2Us supports a national giance as follows: ern New York. network of nearly 500 member organi- I pledge allegiance to the Flag of the Under the agreement, Ford will in- zations operating in all 50 States, serv- United States of America, and to the Repub- crease its workforce at its plant in ing 25 million youth through both tra- lic for which it stands, one nation under God, Hamburg, New York. Not only will ditional and nontraditional sports pro- indivisible, with liberty and justice for all. they offer to rehire 120 workers who grams. f were laid off earlier this year, they will Sharing best practices, advancing create 400 new jobs and create a $136 initiatives that extend opportunities to MESSAGE FROM THE SENATE million investment in the facility. This new players, and delivering quality A message from the Senate by Ms. is a substantial and generational com- programs in underserved communities, Curtis, one of its clerks, announced mitment. these are but some of the ways where a that the Senate has passed without How did this happen? It was the rec- tremendous need for constructive out- amendment bills of the House of the ognition that western New York has a lets for our youth are occurring following titles: highly skilled and dependable work- through this organization.

VerDate Mar 15 2010 01:10 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.015 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6567 Also, the men and women serving as backs. So together, we put on a dona- Jobs Act will provide the long-term AmeriCorps members with the Up2Us tion drive of cell phones, clothing, and tools for rebuilding the American man- Coach Across America program are personal necessities to benefit victims ufacturing base and creating well-pay- helping young people with a passion for of abuse. This drive will be going on ing jobs into the future. sports to go to the low-income commu- throughout October, and you can sup- The Jobs Act invests in our future nities and reach out to children who port the effort by donating items at and assists struggling Americans now, may not have someone to be their Kaiser offices throughout the 32nd Con- all without adding a dime to the def- coach or their mentor. gressional District in California. icit. The entire staff of Up2Us and their Together, we can and must do more Mr. Speaker, our number one priority volunteers are doing a great job. May to stop domestic violence. needs to be job creation, and the Amer- ican Jobs Act is the first step in that God continue to bless them in their f successful work for years ahead and in effort. THE DRAGON IS SNORTING FIRE demonstrating that we can help our f young people in constructive ways with (Mr. POE of Texas asked and was BALANCED BUDGET AMENDMENT sports and recreation. Indeed, advanc- given permission to address the House (Mr. BROUN of Georgia asked and ing the lives of all of our youth is a for 1 minute.) was given permission to address the team sport. Mr. POE of Texas. Mr. Speaker, the Chinese dragon is snorting the fire of House for 1 minute.) f intimidation against our ally, Taiwan. Mr. BROUN of Georgia. Mr. Speaker, DEFENDING TRICARE To defend itself from the Chinese drag- 16 years ago, Congress failed to pass a on’s evil intentions, Taiwan protects balanced budget amendment to the (Mr. RIGELL asked and was given Constitution by a single Senate vote. permission to address the House for 1 itself with rusty swords—outdated F– 16s. It also appears that by bullying, Back then, our national debt was about minute and to revise and extend his re- $5 trillion. Today, our debt stands at marks.) the United States has become timid under the Chinese dragon. The Beijing nearly $15 trillion, and our Democrat Mr. RIGELL. Mr. Speaker, I have the leadership is showing no signs of slow- great privilege, and really the honor, of Government doesn’t want us to sell new F–16 CDs to Taiwan—so we don’t. ing down their outrageous spending. representing the largest concentration Imagine what the state of the econ- Further, the Chinese evil intentions of active duty and retired military omy could look like if it weren’t of mischief are not limited to Taiwan. members in the country; and it’s a true strapped down by that extra $10 trillion In the South China Sea, the talons of honor to defend those who wear our Na- worth of debt. Imagine how much the Beijing dragon have initiated con- tion’s uniform and to speak boldly on brighter the future of our children and frontation with Korea, the Philippines, behalf of our veterans. grandchildren could be without the Japan, and Vietnam. China claims sea Today, I rise to address a recent deci- threat of having to repay the money areas that are in international waters sion by the Department of Defense re- that Washington has wasted. Imagine or belong to other nations. garding TRICARE. The DOD has in- how mom-and-pop shops could be grow- With all these belligerent actions oc- creased fees for those enrolling in ing, hiring and expanding if looming curring by China, it’s not in our na- TRICARE Prime after October 1, 2011. tax increases weren’t a factor in their tional interest to play Chamberlain Mr. Speaker, this action is nothing less business plans. and appease the Chinese dragon. than a breach of trust between this Enough is enough. Missing another Sell the Taiwanese the new swords great Nation and its veterans. opportunity to balance the budget is they need to defend themselves against Career members of the uniformed not a mistake that we can afford to the fiery dragon. Sell them American services and their families make in- make twice. That’s why I authored my F–16 CDs. It is in our national interest credible sacrifices over the course of balanced budget amendment, so that to help Taiwan be armed to be the long careers defending our freedom. we can stop the spending and start pay- dragon slayer if it needs to be and de- They honored their commitment and ing down our debt. exceeded what they told us that they fend itself against China. I urge all of my colleagues to become would do. They have served with dis- And that’s just the way it is. cosponsors of my amendment, which is tinction. f the most conservative and effective ap- We need to honor our commitment to BENEFITS OF AMERICAN JOBS proach to balancing the budget. each of them. So I call on the Depart- ACT f ment of Defense to reverse its decision (Mr. SIRES asked and was given per- and to honor its promise to our vet- AMERICAN JOBS ACT mission to address the House for 1 erans. (Mr. BACA asked and was given per- minute.) f mission to address the House for 1 Mr. SIRES. Mr. Speaker, the Amer- minute.) b 1210 ican Jobs Act, proposed by President Mr. BACA. Mr. Speaker, in my con- Obama, is a clear path forward to re- gressional district, the unemployment DOMESTIC VIOLENCE AWARENESS building America by putting our coun- MONTH AND CELL PHONE DRIVE rate is 17 percent; and in San try back to work, helping small busi- Bernardino County, it’s well above 14 (Ms. CHU asked and was given per- nesses succeed, and providing tax relief percent. mission to address the House for 1 for workers. My constituents need a bold plan of minute.) Specifically, this plan would put action, not more gridlock in Wash- Ms. CHU. Every 9 seconds, a woman teachers, firefighters, police and first ington, D.C. They want us to come to- is assaulted or beaten in the United responders to work by creating jobs gether and take action. The American States. Every day, more than three through investments in America’s Jobs Act provides a clear path forward American women are murdered by schools and infrastructure. It will also to put our country back to work. their husbands or boyfriends. And a provide tax cuts that put money in the This bill contains bipartisan ideas staggering 1.3 million women and al- pockets of American workers and em- that will put teachers, firefighters, most 840,000 men are physically as- ployers so they can grow and add jobs, first responders, and cops back to work saulted by an intimate partner every as well as offer job training incentives right now, provide tax cuts that put year. to hire returning veterans and help the money in the pockets of working For the last decade, in October, dur- unemployed with pathways back to Americans right now, give businesses ing Domestic Violence Awareness work. job-creating tax breaks right now, and Month, I stood up with the shelters and The most critical element of the Jobs provide a boost to our economy right hospitals in my district to support the Act is that it requires immediate ac- now. And this bill is fully paid for, not women and men who escaped their tion to create American jobs and re- adding a dime to our deficit. abusers. Many of these victims escaped build our economy. In conjunction with The Republican Party has supported with literally only the clothes on their our Make It in America agenda, the these ideas in the past. It’s time to put

VerDate Mar 15 2010 01:10 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.017 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6568 CONGRESSIONAL RECORD — HOUSE October 5, 2011 politics aside. Let’s come to the table 1-YEAR ANNIVERSARY OF THE Mr. Speaker; and we should pass it and work together. The American peo- DEATH OF DAVID HARTLEY now. ple cannot afford to wait any longer. (Mr. GARDNER asked and was given f Let’s act now. Pass this bipartisan jobs permission to address the House for 1 b 1220 bill. minute.) Mr. GARDNER. Mr. Speaker, 1 year AMERICANS SAY MEDIA ARE f ago last Friday marks the tragic day BIASED AND TOO LIBERAL that David Hartley was killed on Fal- (Mr. SMITH of Texas asked and was TWO SIMPLE TASKS FOR THE DO- con Lake, which straddles the U.S./ given permission to address the House NOTHING SENATE Mexico border. My staff and I have spo- for 1 minute and to revise and extend his remarks.) (Mr. HULTGREN asked and was ken with David’s wife, Tiffany, on a Mr. SMITH of Texas. Mr. Speaker, given permission to address the House number of occasions and pray that she, Americans say the national media are for 1 minute.) along with help from Congress, can find biased, untrustworthy, and too liberal, Mr. HULTGREN. Mr. Speaker, if our the answers we are all seeking regard- ing David’s death. according to separate polls released re- colleagues at the opposite end of this cently by Gallup and the Pew Research Capitol, the Senate, are serious about David’s death is a horrible tragedy and underscores the need to restore Center. Gallup found that only 1 in 10 getting our economy moving and Americans now have a great deal of America back to work, I urge them to safety and security to our borders. Our role in Congress is to ensure that trust in the national media. A majority do two things immediately. To start say the media are biased. And by a with, for the first time in 888 days, Americans are not in danger when they visit the border. That means we need margin of more than 3–1, Americans they should do what every American think the media are too liberal rather family and business does and set a to act. We need to put in place real and effective measures that keep the Mexi- than too conservative. budget; 888 days—almost 30 months— Pew found that 1 in 4 Americans without a budget is not just an abdica- can drug cartels, pirates, and other un- lawful activity away from the United think that news organizations, in gen- tion of responsibility. It is a funda- eral, get the facts straight. That’s a 14 mental failure to govern. States. The drug trade contributes to the all-too-frequent stories we hear percent decrease from 4 years ago. And Second, they should immediately almost 8 in 10 Americans say news or- take up a bill we sent with over- about crime, kidnapping, and murder that occur along our southern border. ganizations favor one side over the whelming bipartisan support, the Re- other. ducing Regulatory Burdens Act. We The time is now to put pressure on the Government of Mexico to bring their Mr. Speaker, if the media want to re- passed it in March; they’ve done noth- store the public’s trust, they should ing. If we don’t act on it by the end of own criminals to justice. My heart goes out to Tiffany, along give Americans the facts, not tell them this month, our agriculture sector will what to think. be deluged with a new avalanche of with the Hartley family, during this f needless red tape. time. I will continue to work hard for answers, and I will continue to fight I hope that this do-nothing Senate KEEP AMERICA’S WATERFRONTS for border security so that atrocities will move on both of these issues im- WORKING ACT like this simply stop occurring. mediately in order to help both the (Ms. PINGREE of Maine asked and American people and the American f was given permission to address the economy. IN SUPPORT OF AMERICAN JOBS House for 1 minute and to revise and ACT extend her remarks.) f Ms. PINGREE of Maine. Mr. Speaker, (Mrs. CAPPS asked and was given of Maine’s 3,300 miles of coastline, less permission to address the House for 1 MODERNIZING THE AMERICAN than 20 miles support commercial fish- minute and to revise and extend her re- LEGION ing and other traditional marine ac- marks.) tivities. But this small portion of the (Mr. ALTMIRE asked and was given Mrs. CAPPS. Mr. Speaker, I rise in coastline contributes $800 million to permission to address the House for 1 strong support of the American Jobs Maine’s economy and provides jobs for minute.) Act, which addresses two critical issues over 30,000 people. As the coastline con- Mr. ALTMIRE. Mr. Speaker, I rise in facing America today: the need for im- tinues to give way to condos, hotels, support of the brave men and women mediate investments in our Nation’s and other non-compatible uses, these who have served our Nation and are infrastructure that will put Americans jobs are disappearing. today members of the American Le- back to work, and the need to upgrade This problem is not unique to Maine. gion, a congressionally chartered orga- our schools to meet the requirements It occurs on all our coasts and water- nization. That charter is in need of demanded by a 21st-century education. ways around the country and through- modernization. So the American Le- Mr. Speaker, last week, I visited out the Great Lakes region. Working gion, at their national convention, Adams Elementary School in Santa waterfront jobs are disappearing as a adopted a resolution asking Congress Barbara, California. This school is well result of tremendous pressures commu- to amend the charter to clarify that over 45 years old and is in desperate nities face from incompatible develop- the Legion members may pay their an- need of more classroom space, a new li- ment. nual dues and renewals using modern brary, and technology upgrades. Like That’s why today I’m introducing the technology, such as over the Internet other school districts around the coun- Keep America’s Waterfronts Working by credit card. try, Santa Barbara has been forced to Act, along with my colleagues from For this reason, I have joined my cut budgets and lay off teachers, and around the country. With a grants pro- good friend from Florida, Congressman struggles to pay for school upgrades gram devoted to preserving working ROONEY, in introducing a bill to sup- which would promote a better-educated waterfronts across the Nation, States port the Legion’s recommendation. workforce. The American Jobs Act will be able to help preserve jobs and Our bill, H.R. 2369, enjoys widespread would help fix this problem by pro- communities that depend on them. support, as evidenced by the 350 of our viding school districts with the re- f colleagues who have cosponsored this sources they need to make the needed legislation. Hopefully, this bill will school improvements. This act would HEALTH CARE PETITIONS soon move through the legislative create good, well-paying jobs now and (Mr. PITTS asked and was given per- process in order to modernize the Le- strengthen our future economy as well. mission to address the House for 1 gion’s charter and make this small, but The American Jobs Act is about jobs, minute and to revise and extend his re- significant, change to make life a little but it’s also about our children’s edu- marks.) more convenient for members of the cation. It’s about our Nation’s future. Mr. PITTS. Mr. Speaker, this morn- American Legion. We should pass the American Jobs Act, ing here on Capitol Hill I stood with

VerDate Mar 15 2010 01:10 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.020 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6569 other Members of Congress to receive across the country. This will create Mr. PALLONE. Mr. Speaker, last more than 1.6 million signatures on pe- thousands and thousands of jobs. Small week I was in Red Bank, New Jersey, titions calling for the immediate re- business contractors, electricians, and in my district, outside the Broadway peal of last year’s huge health care others can repair our schools. Diner, talking to the mayor of Red law. Back home in Florida, the school dis- Bank and several small business lead- We’ve now had 18 months to find out tricts are having to delay maintenance. ers about the American Jobs Act. what’s in the bill, and it only looks Teachers are being laid off, and schools I want to urge that this House and worse every day. We found the billions are unable to invest in the modern the Republican leadership take up the of dollars in slush funds that the Sec- science labs that will help prepare our American Jobs Act as soon as possible. retary of Health and Human Services kids for the jobs of the new century. The bill includes an array of tax cuts controls, without any input from Con- Yesterday, Vice President BIDEN vis- for small businesses that hire new gress. We found a CLASS Act, a long- ited Oakstead Elementary, north of workers or give raises to existing term care insurance care plan that is Tampa, which is an A school. It opened workers. It also includes a payroll tax so broken that HHS had to stop plan- 5 years ago, was built for 700 students, cut that puts money into the pockets ning for its implementation. We’ve but they have over 1,000 students at of the American workers. seen health care premiums climb fast- Oakstead. And even with the over- The Jobs Act will help small busi- er, despite promises that the law would crowding, the school district has had to nesses do what they do best: create save every American family $2,500 per release eight teachers. That is not jobs, drive innovation, and provide eco- year. We’ve seen Federal courts reject smart. nomic security for the middle class. And the payroll tax cuts would save a as unconstitutional the notion that the ‘‘To keep this a grade-A school, we’re small business with 50 workers approxi- government can force you to buy insur- going to have to keep teachers in the mately $50,000 a year. On the employee ance. classroom,’’ the Vice President said. side, each American family would take I’d need much more than 1 minute to Mr. Speaker, I urge my GOP col- leagues not to block the American Jobs home an additional $1,500 annually. catalog all the ways this bill is hurting Mr. Speaker, when I talked to my Act. Our small business owners and job growth and destroying health care small businesses in Red Bank about the contractors are ready to modernize innovation. Simply put, this is a roll- American Jobs Act, they thought it schools, and parents like me want dedi- ing train wreck, and the American peo- was a great idea. They thought they ple know it. We need to listen to them cated teachers in the classroom. would be able to take advantage of it. and repeal this destructive and uncon- f We also worked with the SBA to look stitutional bill. LISTEN TO THE AMERICAN at possible loans that they were inter- f PEOPLE ested in to expand their businesses. This is what we need to do. Pass the THE HOUSING CRISIS (Ms. JACKSON LEE of Texas asked American Jobs Act, Mr. Speaker. (Mrs. DAVIS of California asked and and was given permission to address was given permission to address the the House for 1 minute.) f House for 1 minute and to revise and Ms. JACKSON LEE of Texas. Mr. b 1230 extend her remarks.) Speaker, last week I had the pleasure SUPPORT THE AMERICAN JOBS Mrs. DAVIS of California. Mr. Speak- of visiting small businesses that cre- ACT er, my staff have spent countless hours ated jobs, anyone from doctors who fighting off wrongful foreclosures. A worked 7 days in their office to compa- (Mr. FATTAH asked and was given number of my constituents have sub- nies who could sell anything to any- permission to address the House for 1 mitted the same paperwork to banks body to a beauty school that had peo- minute.) Mr. FATTAH. Mr. Speaker, I re- five different times and had their short ple who were trying to be independent cently visited a Boeing facility in sales denied three times. Other con- contractors; they created jobs. And I’m Philadelphia where 2 years ago only stituents were given 24 hours to return going to talk about them in the weeks 4,000 people were working. Today there to come. a package of 60 documents to a bank are 6,000. They have three shifts work- So I’m begging, I’m begging this bi- that has had those documents for 6 ing each day. They have a weekend partisan House to put the American months already. shift on Saturdays and Sundays. They Jobs Act on the floor. That’s because Mr. Speaker, this is just not accept- are working hard and playing a vital the GOP, of course, for 39 weeks has able. An important step to fixing this role in our national defense. economy is to solve this housing crisis. put one bill after another. One put off I wanted to rise today to compliment People cannot spend if they are living or destroyed 700,000 jobs. That was the the Obama administration for giving under the crushing weight of a mort- spending bill. Another, about the Pa- Boeing the largest contract in the his- gage payment worth more than their tient Bill of Rights, destroyed 300,000 tory of our country with the tanker home. jobs. procurement program, well over $34 bil- Three years ago the average con- But 65 percent of Americans say we lion, which takes American ingenuity sumer spent $100 a day. Now the aver- want jobs. They’re at First and Inde- and manufacturing jobs to a new age consumer spends about $68 a day. pendence right now. They’re down at height here in America, and I want to We need programs to help the 14 mil- Wall Street. They’re on Main Street. thank the administration for their lion people whose homes are under- They’re telling us, we want jobs. We hard work on this. This has been de- water. want our teachers back, our fire- layed for a long period of time, and I ask the majority, what have you fighters back, we want our police back. having seen these Boeing workers work done today to help the middle class af- We want to rebuild our schools. We so very hard and well, it just reminds ford to keep a roof over their heads? need payroll tax relief so our small me of how many other Americans want f businesses can hire someone else. We to go to work. want J-O-B-S. it’s a simple point. I hope that we have a chance to sup- BRING THE AMERICAN JOBS ACT Put the American Jobs Act on the TO THE FLOOR port the American Jobs Act, that we floor. Listen to the American people, bring it up and vote on it favorably so (Ms. CASTOR of Florida asked and the people in Wall Street that are ar- we can put many more of our fellow was given permission to address the rested, 700 of them are crying out in citizens to work. House for 1 minute.) pain. Let’s respond to the American f Ms. CASTOR of Florida. Mr. Speaker, people. That is our job. RECOGNIZING REVEREND FRED I rise to urge the House GOP leadership f to bring the American Jobs Act to the LEE SHUTTLESWORTH ON HIS floor. PASS THE AMERICAN JOBS ACT PASSING One of the primary reasons we’ve got (Mr. PALLONE asked and was given (Ms. SEWELL asked and was given to work together on a jobs strategy is permission to address the House for 1 permission to address the House for 1 to modernize and repair schools all minute.) minute.)

VerDate Mar 15 2010 01:51 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.021 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6570 CONGRESSIONAL RECORD — HOUSE October 5, 2011 Ms. SEWELL. Today I rise to express spect to such award are available in the account (A) the Committee on Agriculture of the House my condolences and heartfelt wishes relating to the Broadband Initiatives Program of Representatives and the Committee on Agri- for the family of Reverend Fred or the Broadband Technology Opportunities culture of the Senate or the Committee on En- Shuttlesworth, who passed this morn- Program, respectively. If the Administrator or ergy and Commerce of the House of Representa- the Assistant Secretary subsequently recovers tives and the Committee on Commerce, Science, ing. any additional amounts from such award, the and Transportation of the Senate, respectively; Reverend Fred Shuttlesworth was an Administrator or the Assistant Secretary shall and icon of the civil rights movement. I deobligate such additional amounts immediately (B) the official who provided the information know that in Birmingham, Alabama, upon receipt. described in subsection (a). we hold him in high esteem, and today (2) RETURN TO TREASURY.—Not later than 30 (2) CONTENTS OF NOTIFICATION.—The notifica- I just wanted to make sure that my days after deobligating an amount under para- tion required by paragraph (1) shall include an graph (1), the Administrator or the Assistant explanation of— colleagues knew that Reverend (A) the determination described in subsection Shuttlesworth passed this morning. Secretary shall, without exception, return such amount to the general fund of the Treasury of (a)(2); and I know in the days and weeks to the United States. (B) any action taken as a result of the deter- come we will celebrate his life and me- (3) NO EXPENDITURES DURING TERMINATION mination or why no action was necessary. (3) CONFIDENTIAL NOTIFICATION UNDER CER- morialize him in proper form, but PROCESS.—The Administrator or the Assistant TAIN CIRCUMSTANCES.—In the case of a deter- today I rise just to acknowledge his Secretary shall promptly pursue available cor- mination by the Administrator or the Assistant rective measures to ensure that funds received wonderful work and to make sure that Secretary under subsection (a)(2) that cause through an award terminated under subsection his family knew that we as Americans does not exist to terminate the award, the Ad- (a) are not expended during the termination truly appreciate their sacrifice and his ministrator or the Assistant Secretary may make process. wonderful accomplishments to making the congressional notification required by para- (4) ACCOUNTING BY AWARD RECIPIENT.—The graph (1)(A) on a confidential basis, if the Ad- this country as great as it can be, and Administrator or the Assistant Secretary shall ministrator or the Assistant Secretary deter- making sure that this country upholds direct the recipient of an award terminated mines, after consultation with the official who its ideals of equality and justice for all. under subsection (a) to provide to the Adminis- provided the information described in subsection trator or the Assistant Secretary a complete and f (a), that— accurate accounting, which may include an (A) there is no merit to such information; and ANNOUNCEMENT BY THE SPEAKER independent accounting, for any award funds (B) notification on a public basis would cause PRO TEMPORE that, as of the date of termination, the recipient irreparable harm to any person the information has received but has not expended on allowable is regarding. The SPEAKER pro tempore (Mr. costs. WOMACK). Pursuant to clause 8 of rule SEC. 4. CONFORMING AMENDMENTS. SEC. 2. DISPOSITION OF UNUSED FUNDS. XX, the Chair will postpone further Section 6001(i)(4) of the American Recovery The Administrator of the Rural Utilities Serv- and Reinvestment Act of 2009 (47 U.S.C. proceedings today on motions to sus- ice or the Assistant Secretary of Commerce for 1305(i)(4)) is amended— pend the rules on which a recorded vote Communications and Information shall return (1) by striking ‘‘may’’ and inserting ‘‘shall’’; or the yeas and nays are ordered, or on to the general fund of the Treasury of the and which the vote incurs objection under United States an amount equivalent to any (2) by striking ‘‘, and award these funds com- clause 6 of rule XX. award, less allowable costs, made under the petitively to new or existing applicants con- Any record vote on the postponed Broadband Initiatives Program or the sistent with this section’’. question will be taken later. Broadband Technology Opportunities Program, SEC. 5. AWARD DEFINED. respectively, established pursuant to the Amer- In this Act, the term ‘‘award’’ includes grants f ican Recovery and Reinvestment Act of 2009, if and loans. such award has been returned to the Adminis- RETURNING RECLAIMED The SPEAKER pro tempore. Pursu- trator or Assistant Secretary or disclaimed by ant to the rule, the gentleman from Or- BROADBAND STIMULUS FUNDS the award recipient at any time after the date of egon (Mr. WALDEN) and the gentle- TO U.S. TREASURY enactment of such Act. woman from California (Mrs. CAPPS) Mr. WALDEN. Mr. Speaker, I move SEC. 3. OVERSIGHT AND REPORTING REQUIRE- MENTS. each will control 20 minutes. to suspend the rules and pass the bill The Chair recognizes the gentleman (H.R. 1343) to return unused or re- (a) ACTION ON INFORMATION FROM OIG OR GAO.—If the Administrator of the Rural Utili- from Oregon. claimed funds made available for ties Service or the Assistant Secretary of Com- GENERAL LEAVE broadband awards in the American Re- merce for Communications and Information re- Mr. WALDEN. Mr. Speaker, I ask covery and Reinvestment Act of 2009 to ceives information from an official described in unanimous consent that all Members the Treasury of the United States, as subsection (b) with respect to an award made may have 5 legislative days in which to amended. under the Broadband Initiatives Program or the revise and extend their remarks and in- The Clerk read the title of the bill. Broadband Technology Opportunities Program, sert extraneous materials in the respectively, established pursuant to the Amer- The text of the bill is as follows: RECORD. ican Recovery and Reinvestment Act of 2009, The SPEAKER pro tempore. Is there H.R. 1343 and such information pertains to material non- Be it enacted by the Senate and House of Rep- compliance with the award terms or provisions objection to the request of the gen- resentatives of the United States of America in or improper usage of award funds, the Adminis- tleman from Oregon? Congress assembled, trator or the Assistant Secretary shall— There was no objection. SECTION 1. ACCOUNTABILITY FOR BROADBAND (1) immediately review such information; and Mr. WALDEN. Mr. Speaker, I yield STIMULUS FUNDS. (2) not later than 30 days after receiving such myself such time as I may consume. (a) IN GENERAL.—Notwithstanding any other information, determine whether cause exists to First of all, I want to thank my col- provision of law, the Administrator of the Rural terminate such award under section 1(a), unless league from New Hampshire, CHARLIE Utilities Service or the Assistant Secretary of the official who provided such information rec- BASS, who has really worked hard on Commerce for Communications and Information ommends that the Administrator or the Assist- this issue to bring about greater ac- shall take prompt and appropriate action to ter- ant Secretary limit or not make such a deter- countability and oversight of how minate for cause any award made under the mination. American taxpayer dollars are being Broadband Initiatives Program or the (b) OFFICIALS DESCRIBED.—The officials de- Broadband Technology Opportunities Program, scribed in this subsection are the following: allocated under the American Recovery respectively, established pursuant to the Amer- (1) With respect to the Broadband Initiatives and Reinvestment Act, especially to ican Recovery and Reinvestment Act of 2009, if Program, the Inspector General of the Depart- make sure that when the money comes the Administrator or Assistant Secretary deter- ment of Agriculture. back that it’s really clear with these mines that cause exists to terminate the award. (2) With respect to the Broadband Technology agencies that it goes back to pay down Such cause may include an insufficient level of Opportunities Program, the Inspector General of the deficit and doesn’t end up in some performance, wasteful spending, or fraudulent the Department of Commerce. sort of slush fund, and my colleague spending. (3) The Comptroller General of the United Mr. BASS has played a real leadership (b) DEOBLIGATION AND RETURN OF FUNDS TO States. role in both crafting this legislation TREASURY.— (c) CONGRESSIONAL NOTIFICATION.— (1) DEOBLIGATION.—Upon terminating an (1) IN GENERAL.—Not later than 3 days after and making sure it comes to the House award under subsection (a), the Administrator making a determination described in subsection at this time. or the Assistant Secretary shall immediately (a)(2), the Administrator or the Assistant Sec- Mr. Speaker, the American Recovery deobligate an amount equivalent to such award, retary shall provide a notification of such deter- and Reinvestment Act allocated ap- less allowable costs, to the extent funds with re- mination to— proximately $7 billion in taxpayer

VerDate Mar 15 2010 01:51 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.023 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6571 money to two broadband-related grant the middle of July, and 28 of the 320 conference with the Senate is requested on and loan programs. One was adminis- awards, worth $123 million in grants this matter, the Committee on Agriculture tered by the National Telecommuni- and $35 million in loans, had already reserves the right to seek appointment of conferees, if it should become necessary. cations and Information Administra- been returned or rescinded. I ask that you insert a copy of our ex- tion and the other by the Rural Utility Some of my colleagues, as they did in change of letters into the Congressional Service. The wisdom of creating these committee, may say that the legisla- Record during consideration of this measure programs and whether the money tion is really unnecessary. I would dis- on the House floor. should have been better targeted to agree. The Department of Commerce Thank you for your courtesy in this mat- unserved households has been the sub- Inspector General, the Department of ter and I look forward to continued coopera- ject of ongoing debate. There is, how- tion between our respective committees. Agriculture Inspector General, and the Sincerely, ever, general consensus on the impor- Government Accountability Office FRANK D. LUCAS, tance of oversight, as evidenced by the have all flagged concerns with the pro- Chairman. bill, H.R. 1343, unanimously passed out grams and identified them as high risk, of subcommittee and the full Energy including in testimony at the Commu- HOUSE OF REPRESENTATIVES, and Commerce Committee by voice nications and Technology Subcommit- COMMITTEE ON ENERGY AND COMMERCE, vote. I, for one, want to make sure tee’s February 10, 2011, hearing. Washington, DC, September 30, 2011. these programs do not produce some A number of statutory shortcomings Hon. FRANK D. LUCAS, sort of Solyndra problem. I want to Chairman, Committee on Agriculture, Wash- further demonstrate the need for this ington, DC. AXMAN thank our ranking members, W legislation. For example, existing law DEAR CHAIRMAN LUCAS: Thank you for your and ESHOO, and their staffs for working leaves the NTIA and the RUS too much letter regarding H.R. 1343, to return unused with us on this bill. We incorporated a discretion in deciding whether to or reclaimed funds made available for number of their suggestions, and the deobligate and return funds from failed broadband awards in the American Recovery bill is better because of it. or failing awards. Section 6001(i)(4) of and Reinvestment Act of 2009 to the Treas- Because the NTIA and RUS have al- the stimulus law establishing the NTIA ury of the United States. As you noted, there are provisions of the bill that fall within the ready awarded all $7 billion, the bill program stipulates only that the As- does not automatically revoke any rule X jurisdiction of the Committee on Ag- sistant Secretary ‘‘may’’ deobligate riculture. money. To do so would not only be un- awards in cases of waste, fraud, or in- I appreciate your willingness to forgo ac- fair to the grant and loan recipients sufficient performance. The statutory tion on H.R. 1343. I agree that your decision that are abiding by their award terms, language provides even less guidance to should not prejudice the Committee on Agri- it would also likely cost the govern- the RUS, remaining silent on the issue culture with respect to the appointment of conferees or its jurisdictional prerogatives ment more in legal fees than it would of deobligation and return of funds. save. on this or similar legislation. Commerce Assistant Secretary I will include a copy of your letter and this The vast majority of the money is Strickling agreed in an April 2011 hear- response in the Congressional Record during yet to be spent by the awardees, how- ing that the bill would create more cer- consideration of H.R. 1343 on the House floor. ever. So, what H.R. 1343 does is clarify tainty. That was our effort. Sincerely, the responsibility of the NTIA and the While Dodd-Frank added rescission FRED UPTON, RUS going forward to terminate failed provisions to the ARRA, it is unclear Chairman. or failing grants and loans and to re- whether the terms ‘‘withdraw’’ and b 1240 turn to the U.S. Treasury any re- ‘‘recapture’’ in Dodd-Frank have the scinded or relinquished funds. The bill Mrs. CAPPS. I yield myself such time same meaning as ‘‘deobligate’’ in sec- as I may consume. also improves oversight of the tion 6001 of the ARRA, leaving unclear Mr. Speaker, I rise today also in sup- broadband programs. Among other how the Dodd-Frank provisions would port of H.R. 1343. This legislation di- things, the bill requires the NTIA and be interpreted and applied to the rects the Department of Commerce’s the RUS either to terminate an award broadband grants. National Telecommunications and In- within 30 days of receiving information When Congress uses billions of dol- formation Administration and the Ag- from their respective Inspectors Gen- lars to subsidize broadband in competi- riculture Department’s Rural Utility eral or the Comptroller General regard- tion with the private sector, especially Service to do what they are already, to ing material in noncompliance with when 95 percent of the country already a great degree, doing—returning award terms, or to explain to Congress has access, it bears all the more re- deobligated broadband Recovery Act why they don’t. It would require the sponsibility to police those dollars. For funds to the U.S. Treasury. NTIA and RUS to deobligate and re- this and all the reasons that I have As Mr. WALDEN just said, H.R. 1343 turn to the Treasury funds from termi- mentioned, I thank the gentleman was reported by the Energy and Com- nated awards as well as return unused from New Hampshire for his leadership merce Committee with broad bipar- funds from any relinquished awards. on this issue, and I urge my colleagues tisan support, and we should always Finally, it would require award recipi- to vote for the bill. take every step possible to improve ents to provide an accounting of funds I reserve the balance of my time. oversight and ensure that U.S. tax dol- received but not yet expended, if the HOUSE OF REPRESENTATIVES, lars are spent wisely. So that is a good NTIA or RUS terminate those awards. COMMITTEE ON AGRICULTURE, reason to support this bill, but I think The number of NTIA and RUS awards Washington, DC, September 30, 2011. it’s also important today not to lose that have already been returned, and Hon. FRED UPTON, sight of the fact that the Recovery Act the fact that more than 90 percent of Chairman, Committee on Energy and Commerce, has been a true success for broadband the money the ARRA allocated for Washington, DC. deployment. broadband still remains obligated but DEAR CHAIRMAN UPTON: Thank you for the The $7 billion in allocated broadband unspent, makes this legislation all the opportunity to review the text of H.R. 1343, spending is bringing real economic, more important. Of 233 NTIA awards to return unused or reclaimed funds made educational, and civic benefits to com- worth approximately $3.94 billion, re- available for broadband awards in the Amer- ican Recovery and Reinvestment Act of 2009 munities throughout the country. It’s cipients had only spent $480 million to the Treasury of the United States, for pro- bridging the middle-mile gap, bringing through June of this year, despite visions of the bill that fall within the juris- high-speed Internet to small businesses claims that the stimulus act generally diction of this Committee. and rural entrepreneurs. For businesses would focus on ‘‘shovel ready’’ Knowing of your interest in expediting this to grow, they need to expand their projects. Clearly, that hasn’t happened legislation and in maintaining the continued markets and enhance their realtime here. Four of the 233 awards worth ap- consultation between our Committees on capabilities. proximately $40 million have already these matters, I agree to discharge H.R. 1343 Broadband enables these successes. been rescinded or returned. The RUS from further consideration by the Com- Broadband also connects patients with mittee on Agriculture. I do so with the un- has issued 320 awards, consisting of $2.3 derstanding that by discharging the bill, the health care specialists thousands of billion in grants and $87 million lever- Committee on Agriculture does not waive miles away, and it enables doctors to aged for $1.2 billion in loans. Yet re- any future jurisdictional claim over this or monitor the vital signs of a heart pa- cipients had only spent $250 million by similar matters. In addition, in the event a tient while the patient sits at home.

VerDate Mar 15 2010 01:51 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.024 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6572 CONGRESSIONAL RECORD — HOUSE October 5, 2011 Importantly, broadband brings the courage my colleagues to join me in such problem awards must be termi- world’s reference materials to the fin- supporting this bill. nated and deobligated. gertips of our students in classrooms in I reserve the balance of my time. Moreover, the Inspectors General big urban cities and in rural commu- Mr. WALDEN. Mr. Speaker, I now said current law does not ensure the nities alike. yield such time as he may consume to NTIA and RUS will be responsive to Simply put, broadband is no longer a the author of the legislation, a very their oversight recommendations. H.R. luxury; it is a real necessity. That’s valuable member of our Subcommittee 1343 will provide important sunlight by why so many of my colleagues advo- on Communications and Technology, requiring the administrators to act on cated for broadband applicants in our the gentleman from New Hampshire recommendations made by the IG or to congressional districts. From coast to (Mr. BASS). respond with their reasons for not act- coast, Mr. Speaker, our colleagues Mr. BASS of New Hampshire. I want ing. joined us in understanding the neces- to thank my friend and colleague from While I wasn’t in Congress for the sity of broadband deployment, and Oregon for yielding me time. I also Recovery Act’s passage, now that the there were tremendous success stories. want to thank my friend from Cali- funds have been awarded, I think it’s In my home State of California, for fornia for supporting this legislation common sense that Congress should re- example, the Digital 395 Broadband and for speaking in support of it. quire an accounting of how these funds Project is deploying broadband in rural Mr. Speaker, as the representative of are being spent and what the American communities up and down the eastern a rural district, I understand the chal- taxpayer is getting for these expendi- edge of the State. We’re seeing commu- lenges of increasing access to tures. nity colleges expand their learning broadband Internet service. We have Mr. Speaker, I urge the Congress to centers to provide outreach, training, many, many communities that suffer pass this important piece of legisla- and learning support services to in- economically, as well as culturally, tion. crease the digital literacy skills of low- due to the lack of access to broadband; Mrs. CAPPS. I reserve the balance of income residents. They are learning and any effort that’s undertaken to im- my time. the critical skills needed to be full par- prove that access is a good effort. At Mr. WALDEN. Mr. Speaker, I now ticipants in our digital economy. the same time, however, Congress must yield such time as he may consume to Across the country, the large-scale act to protect the taxpayer and provide the gentleman from Florida (Mr. public-private Internet2 project is oversight for the nearly $7.2 billion in STEARNS), who chairs our very impor- working to connect 121,000 community funds appropriated by the 2009 Amer- tant Oversight Subcommittee and who anchor institutions to a dedicated na- ican Recovery and Reinvestment Act. has done extraordinary work in look- tional fiber backbone. Colleges, univer- I would only note that a significant ing into some of these programs, not sities, libraries, major veterans and percentage of the obligated funds are necessarily on the broadband side here, other health care facilities, as well as being expended by recipients who have but certainly on the energy loan side, public safety entities, are all bene- little or no experience in the business where there has been a problem. fiting from this Recovery Act of designing and building broadband Mr. STEARNS. First of all, let me broadband project. Internet and that that, in and of itself, say to my colleague from New Hamp- As I said earlier, we must make sure justifies the passage of this legislation, shire that you weren’t here when it was that taxpayer dollars are always spent which would provide much needed over- passed. I am sure glad as heck that wisely; and that’s why, to counter sight for the broadband stimulus funds waste, fraud and abuse, the Recovery you’re here today to provide this legis- and would ensure that the law is defini- Act built oversight directly into the lation and give respectful oversight to tive and would be quick to reclaim structure of the law. The two agencies the taxpayers and help them out with funds if there is reason to terminate an overseeing the broadband programs, trying to save money and being ac- award for reasons of waste, fraud, or the Department of Commerce and the countable. So it is a credit to you and insufficient performance. As my friend Department of Agriculture, were pro- your initiative to get this bill on the from Oregon and my friend from Cali- vided $16 million and $22.5 million re- floor. fornia mentioned, it does not revoke spectively to oversee audit programs, I also want to thank the chairman of any award that has already been grant- grants, and activities funded by the Re- the Telecommunications Sub- ed. covery Act. committee for his initiative in getting To further enhance oversight, the The GAO and Inspectors General this on the floor. It’s something that, I Pay It Back Act was passed as part of have testified that the size and com- think, we’ve wanted to do for a while; the Dodd-Frank Wall Street reform. It plexity of the programs and the short and between the leadership of Mr. BASS makes clear, in no uncertain terms, turnaround time provided to the NTIA and the leadership of Mr. WALDEN, that all returned or deobligated funds and RUS to award the money has cre- we’ve got this today. must be promptly transferred back to ated substantial risk in these pro- f grams. Thus far, nearly 30 awards for the Treasury. In fact, the Energy and b 1250 Commerce Committee heard testimony grants and loans worth about $200 mil- from Assistant Secretary Strickling lion have been returned to the Treas- I obviously support this bill, this so- and Administrator Adelstein that they ury. Many have returned the awards called stimulus package. We hear this were already promptly returning because they’ve recognized that they all the time: We are going to have a deobligated funds to the Treasury, and won’t be successful. In those cases, we stimulus package. It said to the Na- they saw no ambiguity in current law want to ensure that taxpayer exposure tional Telecommunications and Infor- that would prevent them from con- is minimized, and we want to prevent mation Administration, which is NTIA. tinuing to return deobligated funds. throwing good money after bad for They said, You have the responsibility Current law is clear: deobligated funds projects that should be terminated for for overseeing almost $5 billion of must be returned to the Treasury. waste, fraud, or insufficient perform- broadband technology opportunities, So while I do support the bill before ance. giving out this money. They tasked the us, I must be honest and say that I During committee hearings, the ad- Rural Utilities Service with overseeing think it is a little redundant. Oversight ministrators testified that the decision about $2.5 billion of broadband initia- was built into the Recovery Act, into to deobligate funds for awards that tive. Altogether, that’s a whole lot of the broadband programs, and was re- give rise to reason to terminate is dis- money, and all the awards were made affirmed with Dodd-Frank. This bill cretionary, according to the Recovery by September 30, 2010. simply reiterates what the NTIA and Act language. I emphasize ‘‘discre- But my colleagues, the nationwide the RUS are already doing—vigorously tionary.’’ The Inspectors General said broadband map was not launched until overseeing broadband projects and re- the stimulus bill does not make clear February 17, 2011. Think of that. They turning all deobligated funds to the whether or when the NTIA and the gave out all this money, but they Treasury. RUS must deobligate funds for trou- didn’t even have the map in place until While this bill is not necessarily bled projects. This legislation removes October, November, December, Janu- needed, I do not oppose it, and I en- that ambiguity and makes clear that ary, almost 5 months later. It seems to

VerDate Mar 15 2010 01:51 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.025 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6573 me they shouldn’t have done anything So it looks to me like we have two There has been a lot of discussion in until they at least mapped this out so tasks here. One is to make sure we get the 1-minutes this morning about the they knew the proper places to put this what we’re paying for as the American importance of passing the Obama jobs stimulus money. taxpayer, and the money that isn’t bill. I would like to remind everyone Many of us in Congress, including the going to get spent comes back or, if today that the bailouts, the stimulus chairman, warned of the danger of there’s any kind of fraud developed, all packages, all have exceeded $2 trillion spending the money before mapping that money we can recover will come in the spending of taxpayer money. was done and that allocating funds be- back and that there is a very surefire And despite the expenditure of all of fore maps of unserved areas were in method, without question, that it that money, the unemployment rate in place almost guaranteed that the comes back to the Treasury; and that, America is still well over 9 percent, money wouldn’t be used effectively. also, to take a look at what are the im- even though it was suggested that with Some cable and phone companies be- pediments to building out. I know we the spending of the stimulus money, lieve awards had been issued for run into it where I am at, that we do unemployment would be brought down projects that substantially duplicate— have problems sometimes getting these to less than 8 percent. duplicate—their existing service areas. permits, getting through the various I would also remind everyone that Remember, this is stimulus money. regulations that really impede our op- within the last 3 days, the Department Any time that much taxpayer money portunity. of Energy shoved out the door approxi- is given away so quickly and subject to I would encourage Members on both mately $5 billion in loan guarantees for political pressure, vigilant oversight is sides of the House to approve this legis- so-called green energy projects with- required. lation, and I yield back the balance of out, in my view, the necessary time to H.R. 1343 clarifies the obligations of my time. clearly evaluate the loans that were the agencies and keeps Congress in- The SPEAKER pro tempore. The being made. And we have proof of this formed to ensure taxpayers’ interests question is on the motion offered by because, in the Solyndra case, the tax- are protected when problem awards are the gentleman from Oregon (Mr. WAL- payers are going to have to expend $538 identified. Otherwise, as was the case, DEN) that the House suspend the rules million because that company went as the chairman mentioned with and pass the bill, H.R. 1343, as amend- bankrupt. Now in the Obama jobs bill, Solyndra, red flags are ignored, cash is ed. they’re asking for another approxi- rushed out the door, and Congress is The question was taken; and (two- mately $500 billion to be spent to cre- told all along that everything is fine. thirds being in the affirmative) the Today’s bill clarifies the responsi- ate jobs. rules were suspended and the bill, as Well, the reason that we’re here bility of the NTIA and the RUS going amended, was passed. forward to terminate failed or failing today is that if you talk to any A motion to reconsider was laid on businesspeople today, large or small, grants and loans and to return to the the table. U.S. Treasury any rescinded or relin- they will tell you that the reason jobs quished funds. That’s good. f are not being created in America is be- This is a responsible and necessary CEMENT SECTOR REGULATORY cause of uncertainty, the uncertainty bill, and I urge my colleagues to sup- RELIEF ACT OF 2011 about health care regulations, not knowing what they’re going to be. Al- port it. Mr. WHITFIELD. Mr. Speaker, I ask ready, 8,700 pages of new regulations Mrs. CAPPS. Mr. Speaker, I encour- unanimous consent that all Members have been written. age my colleagues to vote for H.R. 1343, may have 5 legislative days to revise The uncertainty created by the new and I yield back the balance of my and extend their remarks on the legis- financial regulations that increase the time. lation and to insert extraneous mate- Mr. WALDEN. Mr. Speaker, I yield capital requirements for loans to be rial on the bill. made changes the appraisal process. myself such time as I may consume. The SPEAKER pro tempore (Mr. I want to thank my colleague from That has created great uncertainty; WALDEN). Is there objection to the re- Florida who has made some terrific but, most important, the uncertainty quest of the gentleman from Ken- comments regarding this legislation created by this aggressive Environ- tucky? about the importance of oversight. I There was no objection. mental Protection Agency. This ad- know my colleague from New Hamp- The SPEAKER pro tempore. Pursu- ministrator has been the most aggres- shire (Mr. BASS) has been very keenly ant to House Resolution 419 and rule sive in issuing new regulations in the involved in the oversight efforts as XVIII, the Chair declares the House in history of the EPA. well. the Committee of the Whole House on We all are committed to clean air Let me just say, as chair of the Com- the state of the Union for the consider- that allows for healthful living in munications and Technology Sub- ation of the bill, H.R. 2681. America, but we also want to use com- committee, that we will be doing over- mon sense, particularly at this time sight on how this program is working. b 1300 when our economy is struggling. And We hear some reports that there have IN THE COMMITTEE OF THE WHOLE so when you issue new regulations that been problems getting access to fiber Accordingly, the House resolved create additional obstacles for job cre- because of the earthquake in Japan itself into the Committee of the Whole ation, that is a major problem. that may have slowed build out. We un- House on the state of the Union for the I noticed today, for example, in The derstand that some of the smaller com- consideration of the bill (H.R. 2681) to Hill magazine: ‘‘Senate Democrats panies may have run into all kinds of provide additional time for the Admin- Buck Obama on Jobs Plan.’’ problems working their way through istrator of the Environmental Protec- b 1310 rights-of-way issues that have delayed tion Agency to issue achievable stand- the build out of getting this broadband ards for cement manufacturing facili- So they have the same concerns that build out into many of our commu- ties, and for other purposes, with Mr. we do. nities, especially those who don’t have WOMACK in the chair. So, today, we’re bringing to the floor broadband today. The Clerk read the title of the bill. H.R. 2681, referred to as the Cement So I think it’s incumbent upon us, The CHAIR. Pursuant to the rule, the Sector Regulatory Relief Act, which and I won’t presume to speak for the bill is considered read the first time. basically says to EPA about their re- minority, but I assume they would The gentleman from Kentucky (Mr. cently issued cement regulatory items, agree as well, we need to keep an eye WHITFIELD) and the gentleman from we want you to go back and revisit this on this just to see how is it working California (Mr. WAXMAN) each will con- bill because evidence shows that 20,000 and what impediments are we running trol 30 minutes. jobs are at jeopardy and 18 percent of into, and are we going to see this The Chair recognizes the gentleman cement plants in America may very broadband actually get built out as it from Kentucky. well be closed because of this regula- was envisioned. The grants have been Mr. WHITFIELD. Mr. Chairman, I tion. So we’re simply asking EPA in issued. The money is obligated, hasn’t yield myself such time as I may con- this legislation to go back, revisit this been spent. sume. rule, issue a final rule within 15

VerDate Mar 15 2010 01:51 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.076 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6574 CONGRESSIONAL RECORD — HOUSE October 5, 2011 months after the passage of this legis- Cement kilns emit nearly 8 tons of while over 100 other industries have al- lation and give the affected industry up mercury each year, making them the ready controlled their air toxic pollu- to 5 years to comply with the new reg- Nation’s second-largest mercury emit- tion. ulations. Because in doing so, we’re ting source. Before the EPA issued its Mr. WHITFIELD. I know that we’re going to reduce the loss of jobs, which 2010 air toxics rule, these emissions re- going to be hearing a lot about mer- is critical at this time of our Nation’s mained essentially unrestrained due to cury today. I would like to point out history. the lack of controls for cement kilns that it’s been indicated that 98 percent Now, I would also like to say that regulating the release of mercury into of the mercury present in America this legislation introduced by the gen- the atmosphere. today, air, land, and so forth, comes tleman from Oklahoma (Mr. SULLIVAN) H.R. 2681 would roll back existing from natural causes and from sources has bipartisan support. If you look at Clean Air Act standards by revoking outside of the United States. And the the sponsors and cosponsors, you will three Clean Air Act rules, including EPA, in its analysis of the cement reg- see a lot of Democratic cosponsors of the only national limits on emissions ulation that they just issued, did not his legislation. I would also say to you of air toxics, such as mercury, from ce- assign any dollar value that would that there are over 29 national associa- ment kilns. This Dirty Cement Pollu- come from the reduction of mercury tions and construction groups that sup- tion Bill will also require EPA to pro- emissions. port this legislation led by the Amer- pose and finalize weaker replacement ican Road & Transportation Builders rules that will allow for more pollution b 1320 Association; the Associated General than the law currently permits. Contractors of America; the Inter- This bill is intended to significantly So I think that this is a red herring national Brotherhood of Boilermakers, change how EPA sets the standards that our friends are bringing up on the Iron Shipbuilders, Blacksmiths, Forg- when issuing the alternative rules. other side. ers and Helpers; the International As- H.R. 2681 would indefinitely delay the At this point in time, I yield 4 min- sociation of Bridge, Structural, Orna- reductions of air toxics and other haz- utes to the gentleman from Oklahoma mental and Reinforcing Iron Workers; ardous pollutants by prohibiting EPA (Mr. SULLIVAN), the author of this leg- the United Brotherhood of Carpenters from finalizing replacement rules prior islation. and Joiners of America; Laborers’ to March 2013 if this bill were to be en- Mr. SULLIVAN. As we go around our International Union of North America; acted at the end of this year. districts, as I go around my district in and the International Union of Oper- Also, this bill does not include any Oklahoma, many people come up to me ating Engineers. So you have busi- statutory deadline for when polluters and say, JOHN, what are you politicians nesses and labor unions all supporting must reduce emissions, leaving the in Washington going to do to help this this commonsense legislation simply process ambiguous and open-ended. At economy? What are you going to do to directing EPA to do a more careful the very least, this Dirty Cement Pol- create jobs here in America? Well, you analysis before they fully implement lution Bill would postpone emission re- know, we politicians don’t create jobs, this hard-hitting regulation that would ductions from cement kilns until at but what we do do is we get in the way. 1 And one of the things we can do to close 18 percent of the cement plants in least 2018—a 4 ⁄2-year delay. In fact, the America. health safeguards from these standards keep jobs in place and even foster new We believe that this can be done and are long, long, long, long overdue. EPA jobs is getting the heck out of the way still clearly protect the health of the just finalized standards for cement with these burdensome over-regula- American people as well as the clean plants in September of last year, mak- tions that are out there. air that we now have in this great ing them 13 years overdue under the The EPA has gone rogue, wanting to country. Clean Air Act amendments of 1990—13 shut down 20 percent of our cement I reserve the balance of my time. years overdue already. They are over- plants. And President Obama, when he Mr. WAXMAN. Mr. Chairman, I want due 13 years. came to the joint session here recently, to at this point yield 5 minutes to the The science tells us that these dirty said he wanted to build roads and very distinguished ranking member of air toxics can cause a variety of serious bridges and infrastructure. Well, I the Subcommittee on Energy, the gen- health effects, including cancer and guess he wants to do that with im- tleman from Illinois (Mr. RUSH). respiratory neurological impairments, ported Chinese cement, not American- Mr. RUSH. I thank the ranking mem- as well as reproductive problems. made cement. ber of the full committee, and I com- The CHAIR. The time of the gen- I rise today in strong support of H.R. mend him on his outstanding work not tleman has expired. 2681, the Cement Sector Regulatory Re- only on this particular matter but in Mr. WAXMAN. I yield the gentleman lief Act of 2011. As House Republicans most of the issues that come before 1 additional minute. move forward with a bold agenda to this Congress as it relates to not only Mr. RUSH. In particular, mercury ex- grow our economy and put Americans the purpose of us but the prosperity of posure can cause great harm to preg- back to work, one area that must be the American people. nant women, unborn babies, and young addressed is the issue of over-regula- Mr. Chairman, I rise today in strong, children by damaging their developing tion by the Federal Government. strong opposition to this bill, H.R. 2681. nervous systems, which affects chil- With our economy suffering, and I call it the Dirty Cement Pollution dren’s ability to learn and to think. given that 14 million Americans are Bill. Let’s be perfectly clear, Mr. Additionally, mercury emissions can out of work, Congress must implement Chairman. This bill, this measure is also damage the environment by pol- Federal policies that grow jobs, in- not about jobs. For the chairman of the luting our Nation’s lakes and streams crease domestic manufacturing, and re- subcommittee, and my friend, just to and the seafood which we eat. In fact, store the global economic competitive- try to persuade Members of this body EPA estimates that H.R. 2681 will ness of the United States. that this is about jobs, I think that it’s allow for thousands of additional pre- Businesses make decisions on where the worst kind of politics. Jobs now is mature deaths and premature heart at- to invest based upon a number of fac- the useful canard, but this is not about tacks, as well as tens of thousands of tors, but regulatory certainty ranks jobs. This is about an industry that is additional asthma attacks that could among the top factors, which is why singular in its being eliminated or have been avoided. H.R. 2681, the Cement Sector Regu- being not under the auspices of the Mr. Chairman, the public health ben- latory Relief Act of 2011, is so impor- Clean Air Act, and about an industry efits from the reduction of air toxics tant. that is unique because it doesn’t have emissions from cement kilns have al- I introduced this bipartisan legisla- to adhere to any of the provisions of ready been delayed long enough. Now is tion with my good friend and colleague the Clean Air Act. And it’s about time the time. The radical Republican ma- from Arkansas, MIKE ROSS, to protect that this industry be included with jority cannot keep making excuses and American jobs, jobs that we are in dan- other industries in this Nation to come exceptions for the largest industrial ger of losing due to the Obama admin- under the auspices, the jurisdiction, emitters of mercury in the U.S., ce- istration’s radical environmental regu- and the standards of the Clean Air Act. ment plants and industrial boilers, latory agenda.

VerDate Mar 15 2010 01:51 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.030 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6575 The purpose of this legislation is to gling in the current economic climate up to 5 years to comply with pollution provide EPA additional time to repro- and in the face of foreign competition control requirements. And you might pose and finalize its rules setting Max- from abroad. think, well, a little bit more time is imum Achievable Control Technology President Obama likes to talk about not going to do that much harm. But and other standards for cement manu- the need to invest in our Nation’s in- that is not a correct statement of what facturing plants so that the rules are frastructure, and this legislation will this bill would do. both achievable and protect American remove one of the several barriers to The bill says that EPA cannot re- jobs. growth in the construction and manu- quire any pollution reduction from any Specifically, the EPA would be re- facturing industries. I am amazed he is cement plant for at least 5 years. So quired to repropose the Cement MACT opposed to this bipartisan measure, it’s 5 years before they can do anything rules 15 months after enactment of this and I encourage my colleagues to sup- at EPA. And then there’s no deadline legislation. The bill will also extend port this. thereafter where the facilities ever the dates for compliance with the rules Mr. WAXMAN. Mr. Chairman, I yield have to comply. That, to me, is not a from 3 to 5 years to give our domestic myself such time as I may consume. simple, commonsense approach to a cement manufacturing industry the I want to put this bill in the perspec- very dangerous pollution. time to comply with its rules. tive of what the House has been doing Later this week, we are going to have If EPA’s Cement MACT rule is not on the environment. The House has consideration of a bill to indefinitely revised, thousands of jobs will be lost voted 136 times this Congress to block delay pollution controls on industrial due to cement plant closures and high action to address climate change, to boilers and waste incinerators. Both of construction costs. This rule alone halt efforts to reduce air and water pol- these bills would rewrite the standard threatens to shut down up to 20 percent lution, to undermine protections for provisions of the Clean Air Act to of the Nation’s cement manufacturing public lands in coastal areas, and to weaken the levels of protection and set plants in the next 2 years, sending weaken the protections of the environ- up new hurdles for EPA rules. We’re thousands of jobs permanently over- ment in other ways as well. This is the told that we need to pass these bills be- seas and driving up cement and con- most anti-environment Congress in his- cause the threat of EPA regulation is struction costs across the country. tory. dragging down our economy. The re- Additionally, the Portland Cement Last month, the House passed radical ality is that requiring installation of Association estimates it will cost $3.4 legislation to turn back 40 years of pollution controls will create jobs. billion—half of the industry’s annual progress towards clean air. That bill b 1330 revenues—to comply with the EPA’s will nullify pollution control require- Cement MACT rule. Does that make ments on power plants—the largest We’re going to need more factory any sense? source of toxic mercury pollution in workers. We’re going to need to build The EPA’s Cement rule also greatly the country—and weaken our national the pollution controls. We’re going to impacts our Nation’s construction in- clean air goals by basing them on cor- need construction workers to install dustry, where unemployment rates porate profits, not on public health. them on-site, cement plant employees have hovered between 16 and 20 percent Today, the House continues its fron- to operate them. We hear this all the nationally. Without my legislation, tal assault on public health and the en- time, these statements that pollution construction job losses would be fur- vironment. The bills we will consider controls will cost us jobs. ther exacerbated with reduced supplies this week are the next phase of the Re- But these arguments have been thor- of cement being produced in the United publican concerted attack on our envi- oughly debunked by independent ex- States. ronment. The bills would gut the Clean perts. For instance, the Congressional The simple fact is cement is the Air Act provisions that protect Amer- Research Service examined one and backbone for the construction of our ican families from toxic air pollutants. concluded ‘‘little credence can be Nation’s buildings, roads, bridges, and If these bills are enacted, there will be placed in these estimate of job losses.’’ crucial water and wastewater treat- more cases of cancer, birth defects, and The State and local air pollution agen- ment infrastructure. Without further brain damage. The ability of our chil- cies concluded that one study’s as- investment in cement capacity expan- dren to think and learn will be im- sumptions are grossly in error. It’s my sion, the United States will become in- paired because of their exposure to hope that this body will not be so eas- creasingly dependent on foreign im- mercury and other dangerous air pol- ily misled. ports. lutants. It was lack of regulation at Wall The CHAIR. The time of the gen- In 1990, the Congress, on a bipartisan Street—on the banks and the brokers tleman has expired. basis, voted to protect the public from and the other people who spent their Mr. WHITFIELD. Mr. Chairman, I these toxic pollutants. The law di- time figuring out very crafty invest- yield the gentleman 1 additional rected EPA to set standards requiring ments for which nothing backed them minute. the use of a Maximum Achievable Con- up—that caused this recession, not be- Mr. SULLIVAN. Additionally, lost trol Technology to control emissions of cause we had environmental regula- supplies of cement resulting from clo- mercury, arsenic, dioxin, PCBs, and tions that protect children from toxic sure of cement plants would also drive other toxic emissions. This approach mercury emissions. up the cost of infrastructure projects has worked well. Industrial emissions I oppose these bills on substance, and and potentially limit the number of of carcinogens and other highly toxic I also have concerns about the process. projects that may be undertaken. chemicals have been reduced by 1.7 But let me go into concern about the Now, some of the opponents of this million tons each year. process. commonsense, bipartisan legislation, EPA has reduced pollution from doz- We were told this is a small issue. It including President Obama, say this ens of industrial sectors. More than 100 depends on how you look at it. These legislation weakens the Clean Air Act. categories of sources have been re- bills are bad enough to oppose simply Nothing could be further from the quired to cut their pollution, and this on the basis of what they would do. But truth. H.R. 2681 does not change or has delivered major public health bene- it shows how the Republican majority modify any existing public health pro- fits to this Nation. But a large source in this House wants to adopt rules and tections. It simply directs the EPA to of categories still have not been re- regulations on themselves but then not establish regulations achievable in quired to control toxic air pollution abide by them. The House didn’t practice by real-world cement plants. due to delays and litigation. change the rules, but the majority At a time of great economic uncer- The bill we consider today would nul- leader said we have a protocol that, tainty, this is something worth doing lify and indefinitely delay EPA’s ef- whenever we have a discretionary for the health of our economy. forts to reduce toxic emissions from ce- CutGo rule in the legislative protocols I do not know if the President is ment plants. Now, the chairman of the for the 112th Congress, we must have watching, but right now jobs are not subcommittee said this is a common- funding authorized to make up for the being created and our economy is not sense bill. It’s only for a short delay. extra requirement that’s going to be growing. The cement sector is strug- He said that cement plants would have required of any government agencies.

VerDate Mar 15 2010 01:51 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.031 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6576 CONGRESSIONAL RECORD — HOUSE October 5, 2011 And this requires a specific amount to The bill that he just spoke against is whatever regulations the EPA is pro- be offset by a reduction in an existing only 8 pages long. It’s just 8 pages. And posing—and it’s taken them a decade authorization. The majority leader an- here’s the gist of the bill. It asks the to finally come up with these regula- nounced that compliance with these EPA, or directs the EPA, to go back tions—it’ll be null and void. It will protocols would be necessary before and spend 12 to 15 months to take a have no force of action. It will be treat- legislation could be scheduled for floor look at the rule that it was about to ed as though such rule had never taken consideration. propose, in other words, to go back and effect. And then it’s going to be re- We had a similar situation where reanalyze it. I don’t think that’s gut- placed. Chairman UPTON said that our com- ting the Clean Air Act. Now, how is it going to be replaced? mittee would follow this discretionary Then it extends the compliance dead- Well, it says we’re not going to let CutGo rule. He sent me a letter, which line for an additional 3 to 5 years. Now, them replace this rule for 5 years. Well, I’ll make part of the record, in June to that’s substantive. That could result in during this period of time, people are clarify this discretionary CutGo policy some additional time, which I think is still being exposed to these toxic pol- will apply to pending bills before our a good thing. But that, in and of itself, lutants. So it says, not earlier—they’ll committee. ‘‘If CBO determines,’’ he shouldn’t be a showstopper. establish compliance and they’ll estab- said, ‘‘that any of these bills will have And then it asks that the EPA, when lish new regulations, but nobody has to a significant impact on the Federal they adopt these new rules, to make do anything for 5 years. budget, we’ll offset the newly author- sure that it’s still allowable for cement But then it doesn’t say at any time ized spending with reductions else- manufacturing to use alternative fuels. about when you have to actually come where.’’ Well, last time I looked, the Demo- into compliance, which, of course, in Well, CBO has determined that both cratic Party was big on alternative existing law is set in place. That’s re- of these bills that are on the floor this fuels and supporting loan guarantees to pealed. week will, in fact, authorize new dis- develop those fuels, so that shouldn’t And then it goes on to say they’re cretionary spending. I read one of the be a showstopper. going to have to meet a different quotes from a Republican staff person. Then, finally, it says, whatever rule standard. The standard that’s in the that you eventually adopt, you have to We don’t need to worry about it be- law is going to be replaced by some be able to implement it in the real cause it doesn’t really authorize new other standard that basically waters it world. Now, that is an amazing thing, spending. all down. CBO says it does. They determine that we want a regulation to be pro- b 1340 these bills will have a significant im- mulgated that you can actually pact on the Federal budget because of achieve with real-world technology. In The standard in the law, by the way, Texas, that’s called common sense. I’m the bill’s requirement the EPA spend is the maximum achievable control not sure what it’s called up here. resources on proposing and finalizing technology. That means technology That’s the bill. That’s the bill. It’s an new regulations. They said it’s only that already achieves reductions. But 8-page bill. that will be wiped out. They’ll have a going to cost $2 million over a 5-year Now, Mr. WAXMAN also said that period. That’s not a lot of money, but new standard. It can’t be pursuant to we’ve had 100 votes trying to do ter- the regulation; the regulation can’t it is money, and that’s why the Repub- rible things to the environment in this licans had this protocol. They said we come out for 5 years; we don’t know Congress. We’ve not had one vote, la- when it would ever be complied with; didn’t want any money being spent dies and gentlemen, that changed an and it would be based on a different without it being offset. existing statute that’s already in place, standard. Now, this is not a rule. We don’t have an existing standard. All these votes That is not simple. That is in effect to waive this rule. But what we have is that my good friend from California saying nothing is going to be done. We not a waiver of this rule. We have the talks about are a time-out and saying, repeal what is being set in law, and Republicans ignoring their own pro- wait a minute, before we make them then we are going to insist that noth- tocol and their own policies. even tighter, let’s make sure they ing be done. That to me is an absurd- The American people need to focus make sense. on the radical agenda of the Repub- We’ve got an economy that’s reeling. ity, and it’s harmful to the public licans that are controlling this House We’ve got unemployment at 10 percent. that’s going to be exposed to these of Representatives. I don’t think when The compliance cost of this plethora of harmful chemicals. the Republicans were voted into office EPA regulations is in the billions of I would at this time yield 5 minutes the American people voted for poi- dollars annually. Billions. Billions. to the gentleman from Virginia (Mr. soning more children with mercury and This particular Cement MACT rule, if MORAN), who is the lead appropriator letting more of our seniors die pre- implemented, would shutter some- on our side of the aisle when it comes maturely because of uncontrolled pol- where between 15 to 20 percent of ce- to these kinds of issues. lution. ment production in the United States. Mr. MORAN. I thank the distin- I oppose this bill, and I reserve the That’s not trivial, folks. That’s real. guished ranking member, particularly balance of my time. So what those of us that support the for his leadership in protecting the Mr. WHITFIELD. I might say to the bill are saying is: Let’s take a second public’s health. distinguished ranking member that we look at it. Let’s make sure that the Mr. Chairman, I rise in strong opposi- do not authorize any additional fund- rules have time to be implemented. tion to this bill. If this bill is enacted, ing in this bill and that EPA does have Let’s let alternative fuels be used, and an intolerable number of American ba- a $2 billion budget that allows them to let’s let whatever regulation is ulti- bies will be born with birth defects deal with regulatory issues. mately implemented actually be that could have been avoided. The ma- I yield 4 minutes to the gentleman achievable in the real world. jority sets out a false choice: roll back from Texas (Mr. BARTON), the chairman I think that’s worthy of support, and clean air protections or lose jobs. The emeritus of the Energy and Commerce I would ask my friends on both sides of real choice is a moral one, but the eco- Committee. the aisle to support this when it comes nomic case for defeating this bill is Mr. BARTON of Texas. I thank the up for a vote, I would assume sometime also compellingly clear. distinguished subcommittee chairman. tomorrow probably. We’ve got 20-some- EPA cement kiln rules are designed I listened with interest to Mr. WAX- thing amendments, so we’re going to be to reduce harmful pollutants from ce- MAN’s remarks. Sometimes, when here debating it. ment production, including metals like there’s not a lot you can say sub- But this is a good piece of legislation. mercury, hydrocarbons, particulate stantively against an issue, you just It’s common sense. It would help our matter, acid gases, sulfur dioxide, and put a lot of stuff out there and hope economy, and we would still get addi- nitrogen oxides. EPA’s standards are something sticks; and I would have to tional regulation that makes sense for both achievable and defensible. They characterize most of his remarks as cement kilns. will yield far more economic benefits hoping that some of what he said Mr. WAXMAN. Mr. Chairman, I have than costs, preserving jobs and Ameri- sticks. in front of me the bill, and it says, cans’ health.

VerDate Mar 15 2010 01:51 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.037 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6577 The most harmful of these cement micrograms per liter, the level that ad- The Clean Air Act would allow the kiln pollutants is mercury. Congress versely affects their IQ. EPA to create a subcategory. They required EPA to regulate mercury The CHAIR. The time of the gen- chose not to. The Clean Air Act says emissions in the 1990 Clean Air Act tleman has expired. you can’t force a company to do more amendments and to identify the largest Mr. WAXMAN. I yield the gentleman substitution, and yet that’s what would sources of mercury reductions. EPA an additional minute. have to occur here—except there’s no has done what we required. These regu- Mr. MORAN. I thank the gentleman. limestone anywhere nearby. lations are necessary because cement We know this $8.7 billion can now be According to the EPA’s own ‘‘Road- kilns are the second-largest source of quantified. map for Mercury’’ study in 2006, 83 per- mercury emissions in the United There are so many other things that cent of the mercury deposited in the States. Some cement kilns emit more mercury does, I won’t go into them. U.S. originates from international mercury than some coal-fired power But this cement kiln rule also applies sources. This is the State of Oregon. plants. One hundred fifty cement kilns to other harmful pollutants. Guess what’s out here somewhere: It operating in the United States emit as The fact is, Mr. Chairman, that the would be China. We get it in from the much as 27,500 pounds per year, double majority constantly urges us to bal- atmosphere. So what we’re doing here EPA’s estimates from 6 years ago. In ance the costs and benefits of environ- is trading our jobs to China, buying our Oregon, New York, and California, the mental regulation, but when the bene- cement there, they don’t have these largest single mercury pollution source fits of regulating hazardous pollution rules, we get their pollution, we lose, is a cement kiln. substantially outweigh the costs, as and you put a plant out of business. Please focus on this: Mercury is so they do with mercury, all of a sudden 1350 toxic that just one-seventieth of a tea- that doesn’t become an issue for the b spoon of mercury, or .0024 ounces, can debate. It ought to be an issue for the You want to talk about jobs? There contaminate a 20-acre lake and render debate, because it’s about the future are 109 individuals who work at the Ash the fish in that lake poisonous to eat. health of our children. Grove Cement Company in Durkee, Or- Mercury exposure causes a number of If we don’t defeat this bill, if it were egon. The Teamsters wrote to me back health problems, including heart dis- to be enacted, children will suffer and in March, imploring me to do every- ease, reduced fertility, genetic our economy will become weaker. The thing I could to ensure these jobs: mutations, immune system suppres- fact is that we have both a moral and ‘‘As you are aware, this cement plant sion, premature death, and major an economic responsibility to defeat is important to the community in losses in children’s mental capacity. this bill, and thus I urge its defeat. Durkee, and also, their product is vital Elemental mercury from kilns goes Mr. WHITFIELD. Mr. Chairman, how to rebuilding and building our infra- up into the air. The rain washes it into much time do we have remaining? structure. Economic stability and jobs our rivers and streams. Then the bac- The CHAIR. The gentleman from should be the number one priority for teria in the water converts it into Kentucky has 15 minutes remaining. all of us,’’ Lynn Lehrbach, Representa- methyl mercury, which is lethally poi- The gentleman from California has 71⁄2 tive, Joint Council of Teamsters No. 37. sonous, because methyl mercury is al- minutes remaining. The entire Oregon delegation re- most completely absorbed into the Mr. WHITFIELD. Thank you, Mr. cently signed a letter to the EPA, ad- blood and distributed to all our tissues, Chairman. vocating Ash Grove for their Clean Air including the brain. It passes readily I now yield 4 minutes to the chair- Excellence Award. In that letter, it through the placenta in a mother’s man of the Telecom Subcommittee of reads: womb and into the fetus and into the Energy and Commerce, the gentleman ‘‘Ash Grove’s commitment to fetal brain. Mercury then continues to from Oregon (Mr. WALDEN). proactively reduce mercury emissions impact the brains of those children as Mr. WALDEN. Thank you very much, at its Durkee, Oregon, plant 3 years they grow and age. We know this now, Mr. Chairman. ahead of the new EPA rules taking ef- which was not as clear as it is now, I just want to touch on a couple of fect is commendable. This type of ac- back in 1990. So if we know mercury things. First of all, you can tell we’re tion by Ash Grove’s and their ultimate does this to our children and that these into October and Halloween is coming success in making meaningful reduc- regs can prevent those children from because all the scare tactics are out tions is a model that others should such irreparable harm, don’t we have a and on display. emulate.’’ concomitant moral responsibility to We heard several things from the last Yet if these rules were to go into ef- protect our children from such intel- speaker, and since I’m from the State fect, they can’t meet the new rules be- lectual deprivation and suffering for of Oregon, I want to point out, he men- cause the new rules would make them the duration of their lives? tioned that the biggest polluter of mer- reduce their emissions by 98.4 percent. Let me say it again. It is well-docu- cury in Oregon is the cement kiln. Why Now, this is the biggest employer in mented that exposure even to low lev- is that? Because we only have one coal Baker County with direct and indirect els of mercury does reduce a child’s IQ. plant and it’s being closed. So that’s it. jobs of some 654 in the area. They have This IQ reduction has real impacts on The cement factory in Durkee, Or- been a good corporate citizen. They those children, their families, and ulti- egon, which is in my district, a county care about the people of Baker County mately the U.S. economy. If the major- of 16,000, 3 years ahead of any of these and the surrounding areas. They are ity won’t listen to health-based argu- rules invested $20 million in the latest, working day and night to reduce their ments, perhaps they will listen to the most advanced technology to remove emissions, and it’s simply not achiev- economics of this issue. their pollutants, reduce their emis- able. Baker already has 10.7 percent un- Mercury exposure during pregnancy sions, $20 million, they reduced their employment. You take this away, and and childhood has direct and indirect emissions by 90 percent, and what this think what that unemployment rate effects on that child’s future earning rule would do, the MACT rule under will be. They have reduced their emis- potential. Mercury-exposed children consideration here that we’re trying to sions. The emissions we’re getting—83 have harder times getting and keeping delay and bring common sense to, it percent according to the EPA—are al- jobs later in life, and their performance would put them out of business, be- ready coming in from elsewhere, depos- when they get those jobs is worse. The cause they’re already using the max- ited in the United States from inter- cost to society of this IQ reduction is imum achievable control technology national sources, both natural and re- enormous, but it’s not incalculable. that is available in the world. They’ve mitted. Independent scientific studies estimate reduced their emissions by over 90 per- Look, we’re just trying to find some that the cost is as high as $22,300 per IQ cent on a consistent basis. There isn’t balance here. We’re saying the Clean point per child, which cumulatively technology available to go further, be- Air Act set the maximum achievable amounts to $8.7 billion in lost potential cause the limestone found behind this control technology, but that can’t be per year, based on CDC studies of half plant that’s been in operation for, I met here. It doesn’t work. They’re al- a million children who have blood cord don’t know, 30 or 40 years, happens to ready using the activated carbon injec- mercury levels higher than 5.8 have a little higher level of mercury. tion filtering system. They’ve already

VerDate Mar 15 2010 01:51 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.067 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6578 CONGRESSIONAL RECORD — HOUSE October 5, 2011 spent $20 million to achieve their goals. Ash Grove invested more than $20 million in who are living near these facilities are We’re just saying we care about the this project with the goal of reducing mer- experiencing a great deal of harm. jobs, too. We care about the air, and we cury emissions by at least 75 percent. In ac- I reserve the balance of my time. tuality, the mercury control efficiency has Mr. WHITFIELD. I yield 2 minutes to care about the jobs. been in excess of 95 percent. So when Assistant Administrator Located in rural eastern Oregon, Ash the gentleman from Texas, a member Gina McCarthy testified before our Grove’s Durkee plant is the last remaining of the Energy and Commerce Com- committee, I asked her, I’m concerned manufacturing business in Baker County. mittee, Mr. OLSON. about these health problems. Would Unfortunately, the region’s limestone con- Mr. OLSON. I thank the chairman of you provide for me the effects in Baker tains naturally high concentrations of mer- the subcommittee for yielding. County in Oregon that you’ve dem- cury due to the region’s volcanic geologic Mr. Chairman, today, the House history. Ash Grove’s willingness to step up takes another step to ensure a stable onstrated to come up with these data and address mercury emissions at its plant is points. regulatory environment for the cement vital to the social, economic and environ- industry. In a rush to regulate, the Twenty-seven days later, we still mental welfare of our constituents. have no response. We admire Ash Grove for proactively tak- EPA issued economically damaging I urge my colleagues to support this ing on this important environmental chal- rules that jeopardize 4,000 American bill, to save the jobs and to bring re- lenge. The results of their efforts will have a jobs in the cement industry. The ce- sponsible management to air control lasting benefit for Oregonians and the U.S. ment industry has stated that it can- and quality improvement. for generations to come and they are deserv- not comply with these rules even with ing of recognition for this contribution. the best current technology. JOINT COUNCIL OF Respectfully yours, TEAMSTERS NO. 37, CEMEX is a cement company with JEFFREY A. MERKLEY, operations based in Houston, Texas. Portland, Oregon, March 31, 2011. U.S. Congress. Hon. GREG WALDEN, RON WYDEN, They’ve asked Washington for help in U.S. Representative, Oregon District 2, Rayburn U.S. Congress. negotiating with EPA on these House Office Building, Washington, DC. GREG WALDEN, unachievable rules. CEMEX is just one Hon. GREG WALDEN, U.S. Congress. company of many that Congress has re- U.S. Representative, Oregon District 2, KURT SCHRADER, peatedly heard from that may be forced Medford, OR. U.S. Congress. to move operations overseas where reg- DEAR REPRESENTATIVE WALDEN: The cur- EARL BLUMENAUER, rent economic conditions are affecting most ulations are more reasonable. U.S. Congress. EPA’s failure to strike the proper of our Teamster Industries. One in particular PETER DEFAZIO, is our Durkee Cement Plant in your district. U.S. Congress. regulatory balance puts U.S. jobs in The EPA/Oregon DEQ is attempting to jeopardy and hurts our global competi- Mr. WAXMAN. I yield myself 2 min- shut the Durkee Cement Plant down for not tiveness. The bill before the House meeting emission standards. The Durkee utes. I want to acknowledge that the gen- today simply gives EPA the needed Plant spent $20 million to retrofit their plant time to ensure the rules are reasonable to meet the EPA’s requirement. They came tleman from Oregon is pointing out a real problem for his district, but it is a and attainable in the real world. close, but no horseshoe. Mr. Chairman, I urge my colleagues As you are aware, this cement plant is im- unique problem in his district because to vote for H.R. 2681, the Cement Sec- portant to the community in Durkee, and the limestone that’s used in the kiln tor Regulatory Relief Act, so we can also, their product is vital to rebuilding and has a high content of mercury. I under- stop exporting American jobs. building our infrastructure. Economic sta- stand that EPA is trying to work bility and jobs should be the No. 1 priority Mr. WAXMAN. I continue to reserve through that issue, but I do want to for all of us. the balance of my time. point out to my colleagues that this We are asking for your help to keep the Mr. WHITFIELD. I yield 11⁄2 minutes Durkee Cement Plant in operation. Thank example should not serve as the basis to the gentleman from Mississippi (Mr. you for your attention to this most impor- for this bill that’s before us. HARPER). tant issue. We’ve heard over and over again from Mr. HARPER. Mr. Chairman, I rise If you have questions, please do not hesi- my colleagues on the other side of the tate to call. today in support of H.R. 2681, the Ce- aisle that 99 percent of the mercury in ment Sector Regulatory Relief Act of Sincerely, America comes from nature, from out- 2011. LYNN R. LEHRBACH, side other countries that the trade Representative. H.R. 2681 is on the House floor today winds bring here to our land. Chairman as part of the Republican regulatory CONGRESS OF THE BARTON even said most mercury that’s relief agenda to reduce job-killing gov- UNITED STATES, emitted is emitted by natural causes. ernment regulation on businesses. This September 27, 2011. In 2000, EPA estimated that roughly 60 bipartisan bill would provide a much Re Clean Air Excellence Awards—Ash Grove percent—not 99 percent as Mr. WHIT- needed legislative stay for the EPA to Cement Company, Durkee, OR FIELD pointed out—of the total mer- redraft new cement requirements that Attn: PAT CHILDERS, cury deposited in the United States would affect approximately 100 cement U.S. EPA, Office of Air and Radiation, Wash- comes from anthropogenic air emission plants and thousands of jobs. ington, DC. sources within the United States, such DEAR MR. CHILDERS: Please accept our en- This type of government regulation dorsement of Ash Grove Cement Company’s as from power plants, incinerators, hinders job creation and forces Amer- application for consideration of the 12th an- boilers, cement kilns, and others, and ican jobs overseas. The American pub- nual EPA Clean Air Excellence Awards in that the remaining 40 percent comes lic is growing increasingly concerned the categories of Clean Air Technology and from the combination of sources of nat- about government regulation coming the Gregg Cooke Visionary Award. Ash ural emissions and remission into the out of the Environmental Protection Grove commitment to proactively reduce United States from the wind. Agency. A recent survey found that 74 mercury emissions at its Durkee, Oregon, It hasn’t changed much since the plant three, years ahead of the new EPA percent of American voters throughout year 2000. An example is one study by the country believe that businesses and rules taking effect is commendable. This the University of Michigan, which type of action by Ash Grove and their ulti- consumers are overregulated. This mate success in making meaningful reduc- found that the majority of mercury de- overregulation has a chilling effect on tions is a model that others should emulate. posited at a monitoring site in eastern job creation. In 2008, after several years of involvement Ohio came from local and regional I urge my colleagues to support H.R. from citizens, scientists and leaders from the sources. EPA estimated that 80 percent 2681 in an effort to rein in the EPA and local community and from around Oregon, of the mercury deposited in Pines government regulation. Ash Grove signed an agreement with the Or- Lake, New Jersey, comes from man- Mr. WAXMAN. I continue to reserve egon Department of Environmental Quality made U.S. sources. There was a bit of the balance of my time. to voluntarily reduce mercury emissions at peer-reviewed scientific study that the Durkee plant. This led to the develop- Mr. WHITFIELD. I yield 2 minutes to ment and implementation of a first-of-its- found two-thirds to three-quarters of the gentleman from Alabama (Mr. kind Enhanced Activated Carbon Injection the annual global mercury emissions BACHUS). system, based on the best available science are caused by human activity. So let us Mr. BACHUS. I thank the gentleman and peer-reviewed technology in the world. not minimize the problem where those for yielding.

VerDate Mar 15 2010 04:18 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.041 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6579 I think we can all agree on some The cement industry is in its weakest of different performance characteris- things. I think Mr. WAXMAN would economic condition since the 1930s. Do- tics for different pollutants without de- agree and Mr. MORAN, number one, mestic demand for cement has dropped termining if it is possible for any single that we want to preserve American by more than 35 percent in the last 4 cement plant to comply with all the jobs if we can; but I think, number two, years, killing more than 4,000 manufac- various standards simultaneously. we don’t want to compromise our turing jobs. Also one called CISWI—and I won’t health standards. There has been a lot In March of last year, 136 cement read the acronym—but that is going to of talk today about we have to either workers were laid off at the Wampum have an impact on the ability to use do one or the other, but I think we can cement plant in my district. It was the solid waste in the form of tires, waste do both. oldest continuously operating Portland plastics, and other materials that we Now, if you’ll look at the EU, which cement manufacturing site in the use in cement plants. This material passed what they call the ‘‘gold stand- United States, but now cement produc- would be land-filled. We’d have un- ard’’ on emissions from cement plants, tion at Wampum has ceased and only 15 sightly tire piles all over America, they determined that mercury they jobs remain. breeding grounds for mosquitos and could bring down to .05. What has the Despite this bleak scenario, the EPA West Nile virus. We burn them in ce- EPA said? They’ve said they want to issued its regulation which has a $3.4 ment plants. They have high Btu con- bring it down to .01. That’s five times billion price tag and standards that no tent. This will make it much more dif- more restrictive than in Europe. .5, cement plant in the United States can ficult, these rules, if they are imple- which is the European standard, is achieve while demand languishes. The mented. So we have to stop it. about four times more strict than in economy will have to improve for these So what this bill does, it scraps its Mexico. I think we all agree that even jobs to return to Wampum; but when three existing rules and requires the the EPA said we’d close 20 percent of the EPA issues unfair, unachievable EPA administrator to develop and pro- our factories, but we would get that ce- regulations, it sets these manufactur- pose more realistic and achievable reg- ment, according to the Congressional ers back even further. ulations within 15 months. This is com- Budget Office, from Mexico, which is I urge my colleagues to support this pletely reasonable. Support this. This polluting our air and does not have bill. is about protecting American jobs. I Mr. WAXMAN. I continue to reserve nearly the standards we have. urge a ‘‘yes’’ vote. the balance of my time. Mr. WAXMAN. I continue to reserve So if mercury is a problem, why Mr. WHITFIELD. Mr. Chairman, how the balance of my time. would we shift production to some- much time remains on each side? Mr. WHITFIELD. Mr. Chairman, I thing that is four times more dan- The CHAIR. The gentleman from gerous than even that of the European yield 11⁄2 minutes to the gentleman Kentucky has 61⁄2 minutes remaining, Union? On the other hand, as to the and the gentleman from California has from Michigan (Mr. HUIZENGA). European Union, which is the strictest Mr. HUIZENGA of Michigan. Mr. 41⁄2 minutes remaining. on environmental standards in the Mr. WHITFIELD. I yield 2 minutes to Chairman, I rise today in support of world now, why are their standards so the gentleman from Pennsylvania (Mr. H.R. 2681, and I just want to talk a lit- tle bit about the real-world effects that bad? They don’t go below this. DENT). One reason with mercury is it is nat- Mr. DENT. Mr. Chairman, I appre- have been alluded to. urally occurring. There’s a debate ciate this opportunity to speak on this I have firsthand knowledge. My fam- whether it’s 60 or 40, but let me say bill. ily’s company, now owned by my cous- this: At .01, it’s actually more severe First, I am the co-chair of the Ce- ins, but a company started by my fa- than what is naturally occurring in ment Caucus, along with Congressman ther and my uncle has been in the Redi some of the supply. MIKE ROSS of Arkansas. Mix concrete business for over 40 years. I own a sand and gravel company back b 1400 My district is the largest cement pro- ducing district in America. I have a in Michigan. Yes, I have a vested interest. The sec- town in my district called Cementon. I I just want to point out that this is ond largest employer in my second big- have a high school team called the actually not an attack on clean air, as gest county is a cement plant. The Konkrete Kids. This is what we do in some of my colleagues on the other largest employer in one of my cities of my district in large part. side have said. This stops an attack on 20,000 people is a cement plant. I have five cement plants, Lafarge, the American worker. Let’s talk about Those jobs won’t exist. They’re will- Buzzi, Keystone, Essroc, Heidleberg- some of those real-world effects. ing to spend $350,000; but in an industry Hanson, Lehigh Portland cements. I We will be buying more cement from that only had $2 billion worth of rev- have a company that manufactures and outside the United States, as has been enue, there is no way they can spend constructs cement plants, FLSmidth- pointed out, and it is much dirtier pro- $10 billion. Fuller. This is a big business where I duced over there. What are the chal- Let’s restore a little sanity, and we live. It’s an important business, the lenges that we have been seeing in this can do that. Common sense dictates basic industry and the manufacturing industry over the last few years? that we can have jobs, and we can have to the industrial sector of this country. We know that a soft economy means safety, and we can do that not by these These three rules that we are dealing less construction. Other challenges onerous standards on hydrochloric acid with are going to have a dramatically that we have been dealing with: in- and other things. negative impact on cement production creased fuel costs, increased health in America. Foreign imports currently care costs under ObamaCare and other U.S. VS. EUROPEAN EMISSION STANDARDS make up more than 20 percent of total requirements, increased unemployment U.S. standards U.S. cement sales, and that number is insurance requirements, increased 3 European Parameter (mg/Nm at 10% O2) (EPA final standards going to grow if these regulations are labor regulations, now even greater rule) implemented. costs with little or no benefit directly Mercury ...... 0.01 0 .05 Many of these foreign producers, as coming to us. Hydrochloric Acid ...... 3.83 10 Particulate Matter ...... 7.72 20 has been pointed out by some of the I don’t quite understand what my previous speakers, do not operate with colleagues on the other side think is Prepared by the Office of Congressman Spencer Bachus. anything close to the types of regula- going to happen when we are talking Mr. WAXMAN. I continue to reserve tions that we are talking about here about building roads. Do they want to the balance of my time. today, whether they be in Europe or drive on wooden roads? Do they want Mr. WHITFIELD. I yield 1 minute to Mexico, China or elsewhere. And as has to live in mud brick hovels and shiver the gentleman from Pennsylvania (Mr. been stated previously, close to 20 per- in the cold? ALTMIRE). cent of all cement production facilities I mean, we have got to have concrete Mr. ALTMIRE. I thank the chair- in this country are likely to close as a and cement as the backbone of the re- man. result of these three rules. covery here that we are going to be Mr. Chairman, I rise in support of the What are they? It’s NESHAP rule, having. We will simply be forced to buy Cement Sector Regulatory Relief Act. which cobbles together a whole range that cement from outside the United

VerDate Mar 15 2010 04:18 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.042 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6580 CONGRESSIONAL RECORD — HOUSE October 5, 2011 States, and I don’t understand why this least use the maximum achievable con- lations on the cement industry is the administration insists on attacking the trol limits. They will simply be told wrong rule at the wrong time. It asks engine of our recovery. they have to take a subjective ap- too much too soon. NESHAP is a rule This stops an attack on the Amer- proach that lumps all pollutants to- based on questionable science and ican worker and job creators, and I gether, and then they have to decide promises to export American jobs and, support the bill. whether emitting more mercury but ultimately, result in the import of pol- Mr. WAXMAN. Mr. Chairman, may I less lead is better or worse for public lution from other countries. inquire if the gentleman from Ken- health than the reverse. It’s an impos- The U.S. cement industry is suffering tucky has more than one speaker? sible choice. It’s going to guarantee through the greatest decline since the Mr. WHITFIELD. Mr. Chairman, I years of litigation. 1930s, with current employment down have one more speaker and he will be The bill prevents EPA from setting to a mere 15,000 jobs and less than $6.5 closing. Other than that, I have no fur- any emission limits at all. Under this billion in 2010 annual revenues. This ther requests for time. legislation, it would require EPA to se- represents a 25 percent reduction in Mr. WAXMAN. May I inquire, Mr. lect regulatory alternatives that are employment and over a 35 percent re- Chairman, which side has the preroga- the least burdensome. But the ‘‘least duction in revenues from prerecession tive to close? burdensome’’ to cement kilns does not levels. The cement and concrete prod- The Acting CHAIR (Mr. LATOU- mean that we will get the option that uct manufacturing sectors combined RETTE). The gentleman from Kentucky provides the best public health bene- have shed more than 62,000 jobs be- has the right to close. fits. In effect, the bill would exempt ce- tween 2005 and 2009. Mr. WHITFIELD. Mr. Chairman, may ment kilns from ever having to achieve At this critical time when the ce- I inquire how much time remains? meaningful reductions in toxic air pol- ment industry can least afford signifi- The Acting CHAIR. The gentleman lution. cant investments from new mandates, from Kentucky has 3 minutes remain- So in other words, they postpone the analysts estimate this single EPA rule ing, and the gentleman from California time for regulation, then postpone for 5 would cost $3.4 billion in compliance has 41⁄2 minutes remaining. more years compliance with that regu- costs, representing approximately half Mr. WAXMAN. I yield myself such lation. They change the standard from of the cement industry’s annual reve- time as I may consume. the maximum achievable under exist- nues. This is very onerous. Let us re- Mr. Chairman, the EPA has been ing technology to something else. The peat, Mr. Chairman, the NESHAP rule working on this regulation since the something else is the least burdensome will cost $3.4 billion compliance costs 1990s. Under the 1990 law, they are re- to the kilns. And during all that time, out of a $6.5 billion annual revenue. quired to put in place a regulation to we will have people exposed to these That’s over 50 percent of the industry’s protect from these toxic pollutants. toxic pollutants. revenues. They are required to be put into This strikes me as not a simple, fair- Now, if you own a cement plant, place by the year 2000. They tried, minded approach. It’s turning our back where is the money for compliance thrown it out of court, they have now on the purpose of the Clean Air Act. costs going to come from? Probably tried again, and they have already pro- It’s turning our back on the harm from closing down a plant, stalling posed a rule that is now going to be re- that’s going to be done, especially to plans for the construction of new pealed by this legislation. So it’s taken children, from the poisoning they’ll get plants, and laying off American work- them over a decade to finally get to from the mercury levels from the ce- ers in high-paying jobs. The average this point. ment kilns. low job in this industry is around It’s a long, overdue rule that requires I think this is inexcusable legisla- $60,000 a year, and they go up from cement kilns to reduce their emissions tion. I think we ought to stay with the there. of toxic air pollutants. EPA estimates work done by the EPA, not pass a law, Common sense is the missing ingre- that this rule will reduce mercury tell them to do the job, and then wipe dient in NESHAP. In fact, at the same emissions from cement kilns by 16,400 out their work after 11 years and say time that the EPA finalized the pounds, or 92 percent, compared with we want another decade or more to get NESHAP emission standards last fall, projected levels, that is, if they are al- around to doing regulations that we just saw a chart that the European lowed to remain in effect; and they also should have already been in place long Union had just issued their own com- had to do a cost-benefit analysis. ago. pliance standards, and the EPA stand- They said that this rule will yield $7 I want you to know that many orga- ards are five times more stringent than to $19 in health benefits for every dol- nizations oppose this regulation. You the famous model of the European lar that’s spent to meet the standards would expect all of the public health Union. So what’s wrong with this pic- and will prevent up to 2,500 premature groups and the environmental groups, ture? deaths and 17,000 asthma attacks each but even sporting organizations and Speaking of common sense, if you year. So EPA has been mindful of the outdoor groups and the people who want to remember that map that we costs and the benefits. work in the field at the State level on just looked at, the map that shows you The bill before us effectively vacates air pollution matters tell us: Do not all the colors, the red part of that map the cement rules, kiln rules, nullifies support this legislation. represents between 80 and 100 percent these health benefits, forces EPA to I urge opposition to it, and I yield of the estimated mercury deposits, and start all over again. They give EPA 15 back the balance of my time. they’re all from foreign sources. months to come up with more regula- Mr. WHITFIELD. Mr. Chairman, I So, Mr. Chairman, this is the wrong tion, and then they bar EPA from en- yield the balance of my time to the rule at the wrong time, and what we forcing any final rules for at least 5 gentleman from Texas (Mr. CARTER). are doing here fixes this problem and years. Mr. CARTER. I thank the gentleman gives us time to study. During all this time—and we have no for yielding. Mr. TERRY. Mr. Chair. We are lucky in Ne- guarantee after 5 years if anything will Mr. Chairman, I rise today in strong braska. happen—cement kilns will avoid hav- support of H.R. 2681, a bill designed to Our unemployment rate is currently around ing to clean up their toxic air pollu- prevent the collapse of a strategic do- 4.2%. tion, maybe indefinitely. The bill mestic industry, the United States ce- Personally, I’d like to see it be an even threatens EPA’s ability to ever reissue ment industry. smaller number. limits on toxic air pollution from ce- About a year ago, I became active on Without passage of H.R. 2681 and H.R. ment kilns. this issue and made it a priority of 2250, we will see job loss in Nebraska. mine to help save the American ce- With regards to the Boiler MACT rules—Ne- b 1410 ment industry and the hardworking braska estimates a potential job loss of 921 This bill that’s before us would set a Americans at work in those industries. jobs at a cost of over 57 million dollars. new and unworkable methodology. Some have questioned my motives, and With regards to the Cement MACT rules— They’re not looking at the method- they are welcome to do that. But for Nebraska estimates a cost of $24–28 million ology that Congress provided to at me it’s as simple as this: The new regu- to keep the approximately 135 jobs.

VerDate Mar 15 2010 02:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 9920 E:\CR\FM\K05OC7.045 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6581 These bills give EPA time to reconsider and H.R. 2681 tion and other proposed or finalized regulations re-propose these regulations so the final rules Be it enacted by the Senate and House of Rep- of the Environmental Protection Agency; and are achievable and based on real-world tech- resentatives of the United States of America in (E) potential net employment impacts. Congress assembled, (b) NEW SOURCES.—The date on which the Ad- nologies. ministrator proposes a regulation pursuant to SECTION 1. SHORT TITLE. We like our low unemployment numbers in section 2(a)(1) establishing an emission standard This Act may be cited as the ‘‘Cement Sector Nebraska and passing these two bills will help under section 112 or 129 of the Clean Air Act (42 Regulatory Relief Act of 2011’’. ensure our numbers stay low. U.S.C. 7412, 7429) shall be treated as the date on Mr. President, don’t let the EPA kill jobs in SEC. 2. LEGISLATIVE STAY. which the Administrator first proposes such a my state. (a) ESTABLISHMENT OF STANDARDS.—In place regulation for purposes of applying the defini- of the rules specified in subsection (b), and not- Mr. VAN HOLLEN. Mr. Chair, I rise in oppo- tion of a new source under section 112(a)(4) of withstanding the date by which such rules such Act (42 U.S.C. 7412(a)(4)) or the definition sition to this legislation, which would delay for would otherwise be required to be promulgated, another five years Clean Air Act standards for of a new solid waste incineration unit under the Administrator of the Environmental Protec- section 129(g)(2) of such Act (42 U.S.C. cement kilns that are already thirteen years tion Agency (in this Act referred to as the ‘‘Ad- 7429(g)(2)). overdue. ministrator’’) shall— (c) RULE OF CONSTRUCTION.—Nothing in this Like so many other bills the current House (1) propose regulations for the Portland ce- Act shall be construed to restrict or otherwise Leadership has brought before us, this bill is ment manufacturing industry and Portland ce- affect the provisions of paragraphs (3)(B) and premised on a fundamentally false choice— ment plants subject to any of the rules specified (4) of section 112(i) of the Clean Air Act (42 in subsection (b)— U.S.C. 7412(i)). that we can’t have good jobs unless we are (A) establishing maximum achievable control willing to breathe dirty air. I don’t believe that. technology standards, performance standards, SEC. 4. ENERGY RECOVERY AND CONSERVATION. And I don’t think most Americans believe that. and other requirements under sections 112 and Notwithstanding any other provision of law, In fact, the entire forty year history of the 129, as applicable, of the Clean Air Act (42 and to ensure the recovery and conservation of U.S.C. 7412, 7429); and energy consistent with the Solid Waste Disposal Clean Air Act demonstrates conclusively that it Act (42 U.S.C. 6901 et seq.; commonly referred to just isn’t true. (B) identifying non-hazardous secondary ma- terials that, when used as fuels or ingredients in as the ‘‘Resource Conservation and Recovery The Clean Air Act protections at issue in Act’’), in promulgating rules under section 2(a) this legislation will for the first time limit mer- combustion units of such industry and plants are solid waste under the Solid Waste Disposal addressing the subject matter of the rules speci- cury, arsenic, soot, hydrochloric acid and other Act (42 U.S.C. 6901 et seq.; commonly referred to fied in section 2(b)(2), the Administrator— dangerous emissions from cement kilns. The as the ‘‘Resource Conservation and Recovery (1) shall adopt the definitions of the terms proposed reductions will prevent as many as Act’’) for purposes of determining the extent to ‘‘commercial and industrial solid waste inciner- 2500 premature deaths and 17,000 asthma at- which such combustion units are required to ation unit’’, ‘‘commercial and industrial waste’’, and ‘‘contained gaseous material’’ in the rule tacks annually, and produce $7 to $19 in pub- meet the emissions standards under section 112 of the Clean Air Act (42 U.S.C. 7412) or the emis- entitled ‘‘Standards of Performance for New lic health benefits for every $1 spent on clean- Stationary Sources and Emission Guidelines for up costs. Which is why the protections have sion standards under section 129 of such Act (42 U.S.C. 7429); and Existing Sources: Commercial and Industrial the support of reputable public health organi- (2) finalize the regulations on the date that is Solid Waste Incineration Units’’, published at 65 zations like the American Lung Association, 15 months after the date of the enactment of this Fed. Reg. 75338 (December 1, 2000); and the American Public Health Association and Act. (2) shall identify non-hazardous secondary material to be solid waste only if— the Asthma and Allergy Foundation of Amer- (b) STAY OF EARLIER RULES.— ica. (1) The following rule is of no force or effect, (A) the material meets such definition of com- mercial and industrial waste; or Rather than undermining our nation’s public shall be treated as though such rule had never taken effect, and shall be replaced as described (B) if the material is a gas, it meets such defi- health, we should be focused on enacting a nition of contained gaseous material. real jobs agenda to put Americans back to in subsection (a): ‘‘National Emission Standards for Hazardous Air Pollutants from the Portland SEC. 5. OTHER PROVISIONS. work and accelerate our economic recovery. Cement Manufacturing Industry and Standards (a) ESTABLISHMENT OF STANDARDS ACHIEV- I urge a no vote. of Performance for Portland Cement Plants’’, ABLE IN PRACTICE.—In promulgating rules Ms. JENKINS. Mr. Chair, to spur job cre- published at 75 Fed. Reg. 54970 (September 9, under section 2(a), the Administrator shall en- ation in this country, we must remove burden- 2010). sure that emissions standards for existing and some regulations stifling our job creators. (2) The following rules are of no force or ef- new sources established under section 112 or 129 The EPA’s Maximum Achievable Control fect, shall be treated as though such rules had of the Clean Air Act (42 U.S.C. 7412, 7429), as Technology or MACT rule is set to crush our never taken effect, and shall be replaced as de- applicable, can be met under actual operating conditions consistently and concurrently with cement manufacturers. scribed in subsection (a), insofar as such rules are applicable to the Portland cement manufac- emission standards for all other air pollutants Eastern Kansas has three cement manufac- turing industry and Portland cement plants: regulated by the rule for the source category, turers who employ thousands. I recently (A) ‘‘Standards of Performance for New Sta- taking into account variability in actual source toured plants at Monarch Cement in Hum- tionary Sources and Emission Guidelines for Ex- performance, source design, fuels, inputs, con- boldt, Ashgrove Cement in Iola and LaFarge isting Sources: Commercial and Industrial Solid trols, ability to measure the pollutant emissions, Cement in Fredonia, and heard a similar story Waste Incineration Units’’, published at 76 Fed. and operating conditions. from all three. Reg. 15704 (March 21, 2011). (b) REGULATORY ALTERNATIVES.—For each They have the revenue stream and the de- (B) ‘‘Identification of Non-Hazardous Sec- regulation promulgated pursuant to section 2(a), from among the range of regulatory alternatives sire to hire more Kansans, but the cost of ondary Materials That Are Solid Waste’’, pub- lished at 76 Fed. Reg. 15456 (March 21, 2011). authorized under the Clean Air Act (42 U.S.C. complying with Government regulations, like 7401 et seq.) including work practice standards the cement MACT, restrict their ability to do SEC. 3. COMPLIANCE DATES. (a) ESTABLISHMENT OF COMPLIANCE DATES.— under section 112(h) of such Act (42 U.S.C. so. For each regulation promulgated pursuant to 7412(h)), the Administrator shall impose the The EPA shouldn’t be implementing regula- section 2, the Administrator— least burdensome, consistent with the purposes tions that do more economic damage than (1) shall establish a date for compliance with of such Act and Executive Order 13563 published they achieve in environmental good. standards and requirements under such regula- at 76 Fed. Reg. 3821 (January 21, 2011). I hope the EPA will take this opportunity to tion that is, notwithstanding any other provi- The Acting CHAIR. No amendment reform this rule and be part of the solution sion of law, not earlier than 5 years after the ef- to the committee amendment in the rather than the problem. fective date of the regulation; and nature of a substitute shall be in order Let’s end over regulation and get Americans (2) in proposing a date for such compliance, except those received for printing in shall take into consideration— the portion of the CONGRESSIONAL back to work. (A) the costs of achieving emissions reduc- RECORD designated for that purpose in The Acting CHAIR. All time for gen- tions; eral debate has expired. (B) any non-air quality health and environ- a daily issue dated October 4, 2011, or Pursuant to the rule, the amendment mental impact and energy requirements of the earlier and except pro forma amend- in the nature of a substitute printed in standards and requirements; ments for the purpose of debate. Each the bill shall be considered as an origi- (C) the feasibility of implementing the stand- amendment so received may be offered nal bill for the purpose of amendment ards and requirements, including the time need- only by a Member who caused it to be under the 5-minute rule and shall be ed to— printed or a designee and shall be con- (i) obtain necessary permit approvals; and sidered as read if printed. considered read. (ii) procure, install, and test control equip- The text of the committee amend- ment; AMENDMENT NO. 11 OFFERED BY MR. WAXMAN ment in the nature of a substitute is as (D) the availability of equipment, suppliers, Mr. WAXMAN. Mr. Chairman, I offer follows: and labor, given the requirements of the regula- an amendment.

VerDate Mar 15 2010 02:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A05OC7.013 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6582 CONGRESSIONAL RECORD — HOUSE October 5, 2011 The Acting CHAIR. The Clerk will For far too long, they were allowed to which it regulated emissions from ce- designate the amendment. pollute without installing modern ment plants. All of us are very much The text of the amendment is as fol- technology to reduce their emissions. aware of the health hazards of certain lows: In August of last year, EPA finally emissions. And that’s why we support At the end of the bill, add the following issued standards they’ve been working the ruling of the EPA in 1999. section: on since the late 1990s. EPA estimated Now, in 2006, EPA came back with a SEC. 6. PROTECTION FOR INFANTS AND CHIL- these rules will reduce mercury emis- new cement rule. But the environ- DREN. sions from cement kilns by 16,400 mental groups challenged that in Notwithstanding any other provision of pounds, or 92 percent, compared with court. And so as a result of that chal- this Act, the Administrator shall not delay projected levels. The rules would also lenge, EPA went back, and they came actions pursuant to the rules identified in out with the new Cement MACT rules section 2(b) of this Act to reduce emissions cut emissions of hydrocarbons by 83 from any cement kiln if such emissions are percent and particulate matter by 92 that are the subject of our legislation harming brain development or causing learn- percent. today. And as we said during the gen- ing disabilities in infants or children. But the bill that’s before us would eral debate, the economy is unusually The Acting CHAIR. The gentleman nullify those rules, and they would weak today, our unemployment is high from California is recognized for 5 min- force EPA to start all over again with today, and we think we need a more utes. another rulemaking, using new and un- balanced approach than what EPA Mr. WAXMAN. Mr. Chairman and my workable criteria. These long overdue came out with in its most recent ce- colleagues, chronic exposure to car- public health protections will be de- ment rule, which is in effect, but com- cinogens, neurotoxins, and other dan- layed, at a minimum, for 6 more years pliance is not expected until 2013. So we simply are staying that rule gerous chemicals can take a terrible and maybe forever. with this legislation asking EPA to toll on people’s health, particularly in And the bill doesn’t just delay. By come out with a new Cement MACT communities that live in the shadows changing the approach adopted in 1990, within 15 months after passage of our of major sources of pollution. I have it threatens EPA’s very ability to issue legislation and then give industry 5 next to me here a diagram, a picture of replacement standards for cement years to comply, and longer, if the EPA cement kilns next to an elementary kilns that will achieve any meaningful administrator decides to do that. Now, school. reductions in mercury pollution. looking at the history of this adminis- Everyone in this Chamber probably EPA testified before our committee, trator, I can’t conceive that she would knows someone who’s been stricken by and they said that this legislation be willing to give them any more than cancer or who has a child with a learn- would create new legal ambiguities that 5 years, but that would be her ing disability or birth defect. Environ- that would tie up the new rule in liti- gation for years. Other clean air law- choice. mental pollution does not cause all So I would urge the Members to op- yers testified this bill would eviscerate cancers or every health problem, but pose this amendment because we al- the ability of the law to control air numerous peer-reviewed scientific ready have some basic protections in toxics for cement kilns. studies tell us that chemicals classified there. We have the 1999 rule that is in But the Republicans have charged as carcinogens cause cancers, and those effect if we are successful in passing forward in what amounts to legislative cancers sicken and kill real people. this legislation that would negate the negligence. And they say reassuring Chemicals classified as neurotoxins most recent Cement MACT rule. And things like, this is a commonsense, damage the nerve system. They pose a as I said before, we hear today from minor approach delaying it for a little particular threat to infants and devel- businesses all over the country who are while. Well, we cannot afford addi- oping brains. These effects are signifi- talking about the uncertainty—par- tional delays. We cannot afford to lose cant, tragic, and avoidable. That’s why ticularly because of the excess of regu- these protections altogether. All across Republicans and Democrats together lations coming out from EPA—not America, communities are living in the voted in 1990 to strengthen the Clean knowing what standards are required, Air Act to require dozens of industry shadow of these plants. And I again and in many instances not even having sectors to step up and install modern refer you to this picture. These are technology that’s available to meet the pollution controls on their facilities. plants next door to an elementary standards. The American people were tired of school, and nearby these kids and their So I think our H.R. 2681 is a reason- having their communities harmed by families live. And the closer you live, able approach: Ask EPA to step back, toxic air pollution. They didn’t want to the more exposed you are. All of these propose a new rule, do it within 15 live in fear that the factory down the people who live near these facilities are months and give the industry 5 years. road would give their children cancer running a very high risk for dreaded And for that reason, I would reiterate or damage their baby’s brain. We made diseases. all of us have the same concerns that a promise to the American people that Mercury is a potent neurotoxin. the gentleman from California has. I do EPA would require polluters to cut Reams of scientific studies show that not believe that his amendment is nec- their emissions of mercury, lead, babies and children who are exposed to essary, and I would urge all of our dioxins, and other air pollutants linked mercury may suffer damage to their Members to oppose his amendment. to serious health effects. developing nervous systems, hurting I yield back the balance of my time. The Clean Air Amendments of 1990 their ability to think, learn, and speak. Ms. EDDIE BERNICE JOHNSON of set up an effective program to reduce Children will never reach their full po- Texas. I move to strike the last word. toxic air pollution. It would achieve tential. The Acting CHAIR. The gentlewoman cost effective pollution reductions by That is why I ask that we support is recognized for 5 minutes. simply requiring facilities to use pollu- this amendment that says, in effect, Ms. EDDIE BERNICE JOHNSON of tion controls that others in their in- let’s not wait any longer when it comes Texas. I rise in support of the Waxman dustry were already using. to something that deals with poisoning amendment, and without the amend- Since 1990, EPA has set these emis- our kids from mercury. ment I rise in opposition to H.R. 2681, sion standards for more than 100 dif- The Acting CHAIR. The time of the the Cement Sector Regulatory Relief ferent categories of industrial sources. gentleman has expired. Act of 2011. They’ve reduced emissions of carcino- Mr. WHITFIELD. Mr. Chairman, I As we all know, cement plants are gens and other highly toxic chemicals rise in opposition to the gentleman’s one of the primary sources of mercury by 1.7 million tons each year. amendment. pollution in the U.S. In my State of The Acting CHAIR. The gentleman Texas alone, there are 10 cement plants b 1420 from Kentucky is recognized for 5 min- which emitted 225 pounds of mercury in But today, this Chamber is seriously utes. 2009 alone. It takes only one-seventieth proposing to just let these cement Mr. WHITFIELD. Mr. Chairman, I of a teaspoon of mercury to contami- kilns pollute our communities with im- rise in opposition to this amendment nate a 25-acre lake and render the fish punity. Cement kilns are one of the for the simple reason that in 1999, EPA unsafe to eat. And children are the largest sources of mercury pollution. issued a rule for cement plants in most vulnerable.

VerDate Mar 15 2010 02:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.048 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6583 Mercury exposure impairs a child’s as it relates to mercury. And we’ve other toxic chemicals. The Clean Air ability to learn, write, walk, talk, and heard arguments in this Chamber Act directed EPA to issue standards to read. As a registered nurse, I have seen about mercury, but we’ve also seen the cut emissions of mercury and other firsthand how children are particularly air studies that have been done by the toxic pollutants from cement kilns by sensitive to emissions of mercury and electric industry in which they tell us 2000. That was a decade ago. EPA didn’t other air toxins. As a mother and a that, at least west of the Mississippi, finalize these rules until August of last grandmother, I cannot stand by and somewhere between 80 percent and 100 year. watch these emissions go unchecked. percent of all the mercury pollution in EPA estimates that the rules will re- I have always been a strong and that area comes from outside the duce mercury emissions from cement proud defender of EPA’s charge to pro- United States. kilns by 16,400 pounds, or 92 percent, tect public health and the environ- Where outside the United States is compared with projected levels. Now ment. In 2009, I led a letter to EPA Ad- fairly obvious, China and India, which the Republican leadership wants to ministrator Lisa Jackson calling for have the largest amount of Portland nullify these rules to cut mercury pol- even stronger emissions standards to cement manufacturing in the world, lution and delay these important pub- reduce mercury pollution. Last year, I also the least amount of protection of lic health protections. Further delay is was pleased to see that EPA finalized the air quality. They are polluting unacceptable for the people who have standards for cement plant emissions somewhere between 80 and 100 percent been waiting for these cement kilns to that will reduce mercury and particu- of mercury, which is what, according clean up for years. late matter pollution by over 90 per- to the argument from the other side, is This amendment is straightforward. cent, resulting in health savings of up the issue here. It is not cancer, and It states that the bill does not stop to $18 billion each year. this does not address cancer. It is EPA from taking action to clean up Despite all the talk that we have harming the brain development of in- toxic air pollution from a cement kiln heard in recent months, EPA regula- fant children—mercury. if that kiln is emitting mercury or tions do not kill jobs. As the ranking So if almost 100 percent of it is west other toxic pollutants that are dam- member of the Science, Space, and of the Mississippi, then more than half aging babies’ developing brains. Technology Committee, I know that the country is polluted from outside The Republicans deny that this bill is our Nation’s scientific, entrepre- this country. And yet we would shut an attack on the Clean Air Act or pub- neurial, and industrial sectors have down factories and force them to move lic health. They argue that this bill and will innovate to meet new stand- to places like China and India—where won’t prevent EPA from reducing toxic ards as they always have. We will re- there is no protection for the health of mercury pollution from cement kilns. I duce air pollution in this country while anybody on this globe—so that they strongly disagree. And these state- creating thousands of jobs. can stay in business because we have ments stand in stark contrast to the The predictions of widespread eco- adopted a 1 percent standard rather body of science linking mercury expo- nomic disruption and collapse of our than the 5 percent standard from our sure to neurological problems. industrial sector because of what some so-called ‘‘model’’ of the future, the And I have to say, instead of working have called the overreaching Clean Air European Union. Now, I think that we to create jobs, Republicans are bring- Act have been proven wrong time and need to question this amendment. ing up another assault on our public again. We should expect that today’s I oppose this amendment, and I yield health and the Clean Air Act. We hysteria is no different. back the balance of my time. should be passing the President’s Therefore, I stand with the citizens Ms. LEE of California. Mr. Chairman, American Jobs Act and other pieces of of Texas and impacted communities I move to strike the last word. emergency jobs legislation that create across the Nation in opposing this bill The Acting CHAIR. The gentlewoman jobs as soon as possible. But instead of and not with the big polluters. Con- is recognized for 5 minutes. focusing on jobs, the GOP wants to gress passed the Clean Air Act 40 years Ms. LEE of California. I rise in eliminate and delay Clean Air Act reg- ago, and we have cleaner air today be- strong support of this amendment. ulations. This will jeopardize our pub- cause of it. But we can always do bet- However, the underlying bill actually lic health and the clean air that we ter. And that is why we must support nullifies the EPA’s rules to require ce- breathe. the purpose and the mission of the EPA ment kilns to reduce their emissions of This clean air regulation will reduce and oppose this bill without this toxic mercury and other toxic pollut- toxic pollutants produced by cement amendment. We are not here to kill ants and forces EPA to go back to plants and will prevent 2,500 premature jobs, but we are here to save lives. square one. In doing so, this bill nul- deaths every year. This regulation also lifies the rule’s promised reductions in will provide up to $19 million in public b 1430 mercury pollution from cement kilns, health benefits for every dollar spent Mr. CARTER. Mr. Chairman, I move delays any potential future reductions, on reducing harmful air pollution. So to strike the last word. and threatens EPA’s ability to issue re- we have to support the amendments The Acting CHAIR. The gentleman placement standards that will achieve that are going to protect the public from Texas is recognized for 5 minutes. the same benefit for public health. health of our people. Mr. CARTER. Mr. Chairman, I rise in Mercury is a potent neurotoxin. Ba- I urge support of the Waxman amend- opposition to this amendment. bies born to women exposed to mercury ment, and all of the amendments that I listened to Mr. WAXMAN’s argu- during pregnancy can suffer from a are coming today, for the sake of the ment, and I looked at his amendment. range of developmental and neuro- public health of Americans. And this amendment targets a specific logical abnormalities, including de- Mr. Chairman, I yield back the bal- health issue: brain development and layed onset of walking, delayed onset ance of my time. learning disabilities in infant children. of talking, cerebral palsy, and learning Mr. HUIZENGA of Michigan. Mr. We believe the EPA should consider all disabilities. This is certainly an impor- Chairman, I move to strike the last public health risks. tant issue for Democrats and Repub- word. Mr. WAXMAN raised the issue of ac- licans to support. The Acting CHAIR. The gentleman is cusing the Republicans of, as he said, In 1990, Congress amended the Clean recognized for 5 minutes. ‘‘legislative negligence.’’ I’m sure it Air Act on a bipartisan basis to reduce Mr. HUIZENGA of Michigan. Mr. was not legislative negligence on the emissions of mercury and other toxic Chairman, we’re talking about com- part of Mr. WAXMAN when he failed to pollutants from a range of industrial mon sense. Unfortunately, I don’t include cancer in this bill even though sources, including cement kilns. Ce- think we’re hearing much of that com- in his argument to this august body he ment kilns are one of the largest ing out of the other side because certainly argued that this amendment sources of airborne mercury pollution they’re talking out of both sides of would help with cancer. in the United States. For far too long, their mouth here. How in the world The truth is this amendment address- they have been allowed to pollute with- does a 20 percent reduction in the num- es one public health issue, the dis- out installing modern technology to re- ber of cement plants in the United ability of children, and it addresses it duce their emissions of mercury and States, out of the 100 that we have, how

VerDate Mar 15 2010 02:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.051 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6584 CONGRESSIONAL RECORD — HOUSE October 5, 2011 does that 20 percent loss, or estimation Now, cement kilns are having finan- in the U.S. with neurological problems of 18 to 20 cement plants, equal more cial problems, not because of these reg- that could lead to poor school perform- jobs? I’m a little lost. I know I’m a ulations, but because of the low de- ance because of exposure to mercury in freshman here, but I’m lost as to how, mand for cement. The industry admits utero. when we’re shutting down businesses, this on their Web site, and they have a The Waxman amendment is straight- that equals more jobs. problem. But we are telling them that forward. It is common sense. It states I’m also curious about how in the when the economy starts picking up, that the EPA can continue to require a world we can call this a Maximum they’ll get a greater demand. But we cement kiln to clean up toxic air pollu- Achievable Control Technology when also want to make sure that they put tion if that kiln is emitting mercury or people in the industry and people out- in the control technology. They don’t other toxic pollutants that are causing side the industry say it’s not achiev- have to close just simply to do that. damage to infants’ developing brains. able. We might as well call it the This amendment simplifies our b 1440 ‘‘maximum dreamed-up control tech- choice. Allow polluters to continue to nology.’’ We’ve got to introduce some Mr. RUSH. Mr. Chairman, the gen- harm children, to harm infants, or re- common sense to this. tleman prior to me asked, where is the quire facilities that are actually harm- Now, we can solve all of our pollution common sense? ing our kids to reduce their pollution. issues coming out of cement plants by Well, common sense begins with It’s not too much to ask, and I ask the shutting every single one of them science, and the science is clear. I want Members to support the Waxman down. We can shut every single one of to let the gentleman know that all amendment. those 100 plants down here in the sense is not common sense. In this in- The Acting CHAIR. The time of the United States. I do not think that stance, common sense begins with the gentleman has expired. India is going to shut theirs down. I science, and the science is absolutely Mr. FLORES. Mr. Chairman, I move don’t think China is going to be shut- clear that EPA must be able to reduce to strike the last word. ting theirs down. I know Indonesia is toxic pollution from the cement manu- The Acting CHAIR. The gentleman not going to be shutting theirs down. facturing process. from Texas is recognized for 5 minutes. I’m betting our friends and neighbors Cement kilns across the U.S. produce Mr. FLORES. Mr. Chairman, job cre- in Canada aren’t going to be shutting more toxic air pollutants, including ators across a wide range of industry theirs down. mercury, arsenic, acid gases, hydro- have sent urgent calls to Washington So we can shut down every single ce- chloric acid, dioxins, and other harmful pleading for Congress to remove bur- ment plant. That’s not going to solve pollutants that add to the nation’s densome regulations that could destroy our problems, though, because we have problems with soot and smog. Cement hundreds of thousands of jobs nation- to keep going further. We’ve got to kilns are the third-largest source of wide. shut down every power plant. We’ve mercury emissions in the U.S. Yesterday, I had the opportunity to got to stop driving every car, every Toxic air pollutants can cause can- meet with two of America’s job cre- bus, every train. We might as well ban cer, impair brain development and the ators, Karl Watson from Houston, campfires, grilled foods—and cancel ability to learn, damage the eyes, skin, Texas, who represents CEMEX, a global Christmas while we’re at it. There has and breathing passages, harm the kid- leader in the building materials indus- got to be some common sense involved neys, harm the lungs, harm the nerv- try, and Brad Slabaugh of Hilltop Basic here. ous system, and cause pulmonary and Resources, a small building materials Ontario tried this a few years ago cardiovascular disease and premature and ready-mixed concrete producer when they were going to shut down all death. from Ohio. of their coal-fired power plants. Their Cleaning up cement kilns saves lives While these job creators may hail goal: get rid of them all. The outcome: and protects children from hazardous from different regions of the country, not a single one—zero—was shut down air pollutants. EPA estimates that re- and one employs thousands of workers, because they know that it wasn’t pos- ducing toxic pollution from cement versus the one that employs several sible. And we’re seeing here a proposed kilns can save up to 2,500 lives each hundred middle class Americans, they regulation that is five times more year by 2013. The limit will annually both face the same challenges under stringent than what our friends in the prevent 1,500 heart attacks, 17,000 asth- the Obama administration’s oppressive European Union are talking about, and ma attacks, over 1,700 hospital and regulatory regime. That is why Mr. in Canada: five times more stringent. emergency room visits, and 130,000 Watson and Mr. Slabaugh came to How is that going to make the United missed days of work. Washington this week, to discuss their States more competitive, and how is The most vulnerable populations de- real world examples of how the Obama that going to retain jobs here? Mr. Chairman, we have got to make pend on the EPA to protect them from administration burdensome regulatory sure that, instead of using the ‘‘max- the harmful health effects of cement policy is devastating to the concrete imum dreamed-up control technology,’’ kiln pollution. Children, teens, senior production industry and to virtually we actually use the Maximum Achiev- citizens, and people who exercise or all American employers and job cre- able Control Technology. And that is work outdoors or with chronic lung ators. The worst offender that is in- what we have today. diseases such as asthma, COPD, em- flicting this regulatory flaw under the Mr. Chairman, I yield back the bal- physema, these are the children and Obama administration is the Environ- ance of my time. the people who are most in danger. mental Protection Agency. Mr. RUSH. Mr. Chairman, I move to People with low incomes or who are This week the House is tackling some strike the last word. members of racial and ethnic minori- of the most economically dangerous The Acting CHAIR. The gentleman ties are disproportionately affected by regulations that the EPA has imposed from Illinois is recognized for 5 min- air pollution, in part, because they on our Nation’s creators, Boiler MACT utes. tend to live closer to industrial facili- and Cement MACT. These unwarranted Mr. RUSH. Mr. Chairman, I yield to ties such as cement kilns. and indefensible regulations are cost- the gentleman from California. Mercury is a potent neurotoxin. ing hundreds of thousands of much- Mr. WAXMAN. Mr. Chairman, I do Reams of scientific studies, common needed American jobs at a time when want to respond to the gentleman who sense studies, show that babies and unemployment stands at 9.1 percent just spoke about how they’re going to children who are exposed to mercury and families and small businesses are shut down these plants. Why do they may suffer damage to their developing struggling to stay afloat. have to shut down the plants? If they nervous systems, hurting their ability Worse yet, both appear to be based have to put in a control technology to think, learn, and speak. upon ideology versus sound science and that’s already being used somewhere Children exposed to mercury may real word cost-benefit analyses. Both else in the country to reduce that mer- never ever reach their full potential. the Boiler MACT and Cement MACT cury pollution, that other cancer-caus- The National Academy of Sciences es- could have a combined economic im- ing pollution, they put the equipment timates that each year about 60,000 pact of more than 230,000 existing in. They pay for it. American children are born right here American jobs lost and $14.4 billion in

VerDate Mar 15 2010 02:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.053 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6585 projected compliance, according to the b 1450 areas and we come to tell what’s hap- Council on Industrial Boilers. Mr. RANGEL. Mr. Chairman, I move pening. In my home State of Texas, which is to strike the last word. In New York, people are mad as hell. home to 27 boiler facilities, the eco- The Acting CHAIR. The gentleman They’re not going to take it anymore. nomic impact of the Boiler MACT rule from New York is recognized for 5 min- They’re not against Democrats; they’re on boiler and process heater owners utes. not against Republicans. They just and operators is well over $200 million, Mr. RANGEL. I rise in support of the don’t see why they have to suffer the putting thousands of good-paying jobs Waxman amendment. As long as Mr. way they do after some of them have at risk, and opening the door to further WAXMAN has been in the Congress, he lost their ability to go to school, have burdens, not only for large industrial should know that recently a new group lost their jobs, have lost their savings, boilers, but also important institutions has arrived here, and there are three have no idea what the future looks like such as hospitals and universities. things that you shouldn’t do, and that for them, and we’re not even giving This additional regulatory damage is ask for anything that might be good them hope. comes within 2 weeks of a large Texas for the President of the United States, Hope has made our middle class, not power producer that has announced, ask for anything that could improve the rich that control most of the Na- due to the EPA’s Cross State Air Pollu- the environment of the people that tion’s wealth, and certainly not the tion Rule, it will cause the loss of 500 breathe the air, and for God’s sake poor that people all over the world middle class American jobs and the don’t ask them to bring up any bills would like to escape. But when you see closure of five job sites in Texas. that could create jobs. the hope for the middle class just drop- The Cement MACT regulations that Having said that, it just seems to me ping and squeezing and pushing people CEMEX and Hilltop face are some of that we’re involved in a political fight into poverty, it seems to me that we the harshest of seven proposed or re- that concerns Democrats and Repub- have a higher responsibility than that. cently finalized EPA regulations tar- licans and others; and yet you would Often I ask for our spiritual leaders geting an already weakened cement in- think if you listened to the debate that to help us, because, hey, it’s right over dustry. The Portland Cement Associa- the air in which we breathe, there’s a the Speaker: ‘‘In God We Trust.’’ That tion estimates that the Cement MACT Democratic area and there’s a Repub- means that we don’t have to trust each would force the shutdown of up to 20 lican area, or when you start talking other, but maybe if some of the rabbis, percent of the Nation’s 100 existing ce- about this is saving lives through pro- ministers, and Catholics could come ment plants, and that does not include viding an opportunity for our young- down and try to get our priorities in the seven plants that have already an- sters to be able to grow up in a healthy order, because if you’re talking about nounced, due to economic or other rea- environment that we’re just talking human life, that includes the ability to sons, that they have faced permanent about Democratic babies. What we’re have health care, to have a healthy en- closure since 2008. talking about—pardon the word ‘‘sci- vironment in terms of housing, and I Both CEMEX and Hilltop are experi- entific’’—is a connection between pol- think we do have a moral obligation encing depressed volume levels and are lution of the air and how people having to shed middle class jobs as not only to get ready for the polls in breathe it and what happens to their they respond to increasing economic 2012 but to do something for the people general health. uncertainty being generated by who are so completely helpless now. I don’t really believe that anyone I would like to emphasize that unelected, unaccountable Washington challenges the fact that whether it bureaucrats. If the commonsense relief there’s no way to split up the jobs with happens on a 9/11 site or on a coal mine that we are currently considering does Democrats or Republicans, and so we that what you breathe is going to have not pass, these companies will face the are not being fair to the Republicans or an impact and if indeed it leads to ill- shutdown of up to 20 percent of their that the cement is going to hurt us and nesses, that’s going to be very costly. operations. Such a decrease in produc- not you. These things are so non- And so it just seems to me that if we tion capacity of the cement industry political that I just hope that someday, concentrate on what can we do, I know would have a ripple impact across the and someday very, very soon, we will there are people who don’t like the economy, impacting not only cement respond to the frustrated people we manufacturing jobs, but also industries President, but there are millions of have, even the wealthy, and come up that rely heavily on them, such as con- people that go to sleep every night with something on the floor that struction and building. wondering what the heck are we doing whether we win or lose, we can be so Worse yet, for all Americans, these in the Congress, and it just seems so very proud that we’re doing something jobs and plants will be relocated to for- unfair for us to go back and say, we to improve the economy, put America eign countries, further damaging cannot bring out a bill that the Presi- back to work, have things once again America’s already declining industrial dent proposed that’s going to create made in America. base and middle class job opportuni- jobs. I want to thank the gentleman from ties. The bipartisan legislation coming It would be different if we said we’re California for at least directing us to to the floor today will provide the EPA going to bring it out, and we’re not the right track, and I yield back the with at least 15 months to re-propose going to vote for it; or we’re not going balance of my time. and finalize new rules regarding the to bring it out because we have our Mr. KINZINGER of Illinois. Mr. economically dangerous Boiler MACT own bill. It just seems to me that very Chairman, I move to strike the last and Cement MACT. few Americans are going to sleep at word. Without this commonsense regu- night wondering what happens at ce- The Acting CHAIR. The gentleman is latory relief, the EPA’s current rules ment factories throughout the United recognized for 5 minutes. endanger hundreds of thousands of States. Maybe those from Texas or Mr. KINZINGER of Illinois. Thank American middle class jobs nationwide those that have one or two in their dis- you, Mr. Chairman. by forcing plant shutdowns and reloca- tricts might have some concern as to I was proud to work with my col- tion of American manufacturing and whether it would cost their employers leagues on the committee in devel- jobs to foreign countries. and businesspeople in order to clean oping the Cement Regulatory Relief Congress and this administration can the air, but that’s a constant problem Act. and should encourage private sector we always have when it costs a little Let’s just take a quick gander at job growth in this country, not hinder extra to do the right thing to extend what’s happened here. Last September, it with unreasonable regulations. the value and, indeed, the condition of the EPA released new regulations— I urge my colleagues on both sides of life. that’s kind of a theme we’ve been hear- the aisle and the Obama administra- But to get back to jobs, there’s some- ing a lot lately—new regulations on tion to join me in removing barriers to thing going on in America; and I don’t the American cement industry. These job creation and support both H.R. 2250, know whether or not it reaches the new requirements will cost $3.4 billion, the EPA Regulatory Relief Act of 2011, floor, since the best place to find out it will close 18 of America’s 100 cement and H.R. 2681, the Cement Sector Regu- what’s going on in the country is right plants, and leave 20,000 more Ameri- latory Relief Act of 2011. here, as we come from 435 different cans without jobs. In my district alone,

VerDate Mar 15 2010 02:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.055 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6586 CONGRESSIONAL RECORD — HOUSE October 5, 2011 the 11th Congressional District in Illi- lators the time to develop practical than 100 miles south of the St. Louis nois, 155 companies use that cement rules for cement manufacturing facili- metropolitan area, we have the largest daily. ties, and it’s going to protect jobs in cement kiln in the country. The people This is the same story, but just a lit- the manufacturing industry, the con- that I represent in the St. Louis region tle bit of a different subject: the same struction industry, and all those areas, suffer disproportionately from pollut- story of over-regulation, more govern- these jobs which are otherwise going to ants in the atmosphere, pollutants that ment, more rules, more paperwork, be sent overseas. come from that nearby cement kiln, as more disclaimers, more everything Look, enough is enough. I mean, real- well as from other pollutants that are that people are sick of in Washington, ly, enough is enough. I urge my col- emitted through smokestacks in the D.C. This is just more of it. This is typ- leagues on both sides of the aisle, region. Children in my district suffer ical of over-regulation. Somebody please just support this. This doesn’t from a high incidence of asthma as well comes up with an idea and says, what’s have to be a partisan thing. This is just as from other respiratory diseases. the sane thing to do here, or what can for America. How are we going to cre- Mr. Chairman, let me make it rather we do that will way overstep the role of ate and save American jobs so that the personal. Shortly after my youngest the Federal Government? Well, that’s families who every day wake up and son was born, he contracted asthma. It exactly what came down within the say, I wonder if I can pay my bills next is no mere coincidence, as we were so rules. week, I wonder if I can make my house close to a cement kiln, that he, as well All we want to do is give a little payment, I wonder if I can make my as thousands of other children in the more time for the cement industry, in- car payment, I wonder if I can send my St. Louis region, suffer disproportion- stead of saying, well, this is catching kids to college. ately from asthma attacks and res- us flatfooted again, 18 of our plants are Some of those people that have those piratory diseases that are unnecessary. going to close, we’re looking at this pains and wonder that every day work The Clean Air Act is a commonsense and saying, how can we keep these in the cement industry; and if these approach, a balance, in order to allow open and create jobs? There’s been a rules come into effect, that horror that for industry to do its work and create lot of talk in this body, as there should they are predicting may happen, that jobs and to also protect those children be, about creating jobs, about the econ- they’ll lose their job, will happen for and others who live in the St. Louis re- omy. Look, I’m 100 percent in. We want 20,000 members and 20,000 citizens of gion who have to breathe this air. The to create jobs, and so some of the the United States. I call for an end to Clean Air Act is a commonsense ap- things we see are, well, we need to the madness. Let’s be sane about this. proach, and it does not deserve to be spend additional Federal Government Let’s finally, once and for all, save attacked. money, the size of what we’ll call stim- American jobs and then create them I urge my colleagues to pass the Wax- ulus 2. and do what we have to do to get this man amendment as well as the Capps I tell you what we need to do. The economy back to work. amendment. very first step to creating jobs in this I urge my colleagues to support this With that, I yield back the balance of country is to stop killing them. That bill, and I yield back the balance of my my time. would be a great move in the right di- time. Ms. CHU. Mr. Chairman, I move to rection. If we stop killing jobs, then we b 1500 strike the last word. can regroup and say, now how can jobs Mr. CLAY. Mr. Chairman, I move to The Acting CHAIR. The gentlewoman be created in the private sector? Yet strike the last word. from California is recognized for 5 min- we continue on and on with more and The Acting CHAIR. The gentleman utes. more regulation. We now hear the in- from Missouri is recognized for 5 min- Ms. CHU. I rise today in strong oppo- dustry saying, look, this is going to utes. sition to H.R. 2681 and H.R. 2250. cost 20,000 jobs. It’s your prerogative Mr. CLAY. I rise today in support of Some in Congress want to use the out of Washington, but this is going to the Waxman amendment as well as of jobs crisis as an excuse to roll back cost us 20,000 jobs. This is typical Fed- the subsequent amendments to come, clean air protections that will prevent eral Government over-regulation. especially the Capps amendment. 9,000 premature deaths every year. We have a responsibility here to do Mr. Chairman, we in Congress need Today, we are debating an unneces- the right thing. We have a responsi- to be working to create jobs. Instead of sary, wasteful bill that only delays bility to do the economically and envi- doing anything that would create jobs, long overdue pollution-reducing regu- ronmentally sound thing. When this my colleagues on the other side of the lations at the expense of Americans’ rule goes into effect, the same amount aisle are making yet another assault health. This is one of the Republicans’ of cement is going to be needed, so it’s on our public health and the Clean Air so-called ‘‘jobs bills,’’ conducting re- not like we’re closing 18 of 100 plants Act in the form of H.R. 2681. We should dundant and costly studies that will do and we’re going to use 18 of 100 plants’ pass the President’s American Jobs Act nothing but add paper to landfills in- less worth of cement. and other pieces of emergency jobs leg- stead of creating jobs by upgrading ce- We’re still going to need to use that islation that create jobs as soon as pos- ment kilns so that they are no longer a cement. Right? In fact, in the stimulus sible. threat to public health. 2, they talk about the fact of spending As my friend the President said, These studies have been done. Ameri- more on cement. Well, then, okay. So ‘‘Pass the bill. Pass the bill.’’ Then we cans are still breathing mercury, ar- what happens is these plants close, and will create jobs. senic, and lead; but we have a means to we have to buy that cement from Unemployed Americans need emer- clean it up. It’s called the Clean Air China. This is a great bill, and not the gency jobs legislation now, not an ideo- Act, and it was passed in 1963. It is one where we’re talking about saving logical attack on public health. Instead known as one of the most successful jobs here, but if these rules go into ef- of focusing on jobs, Republicans want pieces of legislation in congressional fect, that will be great for creating jobs to eliminate or delay reasonable Clean history; yet the Republican majority is in China, and China has zero environ- Air Act regulations. This will jeop- trying to gut it over and over, bill after mental constraints like we have here ardize our public health and the clean bill, wasting time and energy that in the United States. air that we all breathe—regardless of could be spent passing legislation that So what’s the environmentally right party affiliation. This clean air regula- would help create new jobs for Ameri- thing to do? Keep these jobs in the tion will reduce toxic pollutants pro- cans. Today’s bill would cancel require- United States, where there are good en- duced by cement plants and will pre- ments to clean up toxic air pollution, vironmental regulations in place, take vent 2,500 premature deaths every year. smog, and soot from cement plants. a look at what we need to do, but not It will also be very cost-effective. This So, while big companies save a penny send them over to a country that all regulation provides up to $19 in public or two, American families will face bil- they care about is pumping out ce- health benefits for every dollar spent lions of dollars in increased health ment, and they care nothing about the on reducing harmful air pollution. costs. Thousands more people will go environment. That’s the responsible I represent the State of Missouri, the to hospitals with cases of bronchitis, thing to do. This bill simply gives regu- St. Louis metropolitan region. Less heart attacks, asthma attacks, and

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This I ask, Mr. Chairman, that my col- the cement industry will be good for bill that is before us today will now leagues support this amendment. business and the economy, the EPA nullify the new health standards and With that, I yield back the balance of rule institutes new standards based on direct the EPA to go back to the draw- my time. the best available technology already ing board. Mr. WHITFIELD. Mr. Chairman, I in use in the industry. Let me repeat Mr. Chairman, my Republican col- move to strike the last word. that. This rule that the Republicans leagues would like to frame this as a The Acting CHAIR. The gentleman are trying to weaken is based on the debate between jobs and public health from Kentucky is recognized for 5 min- best available technology already in benefits, but I believe that this is, in- utes. use voluntarily by a good portion of deed, a false choice. Mr. WHITFIELD. I rise in opposition to the amendment by my friend, the the companies in the industry. b 1510 What does that mean? These anti- gentleman from Illinois. pollution standards are actually I am for jobs. The people in my dis- As I sit here and listen to the other achievable today, and companies are trict need jobs, but also we need clean side, they seem to be making the argu- already using them and making a prof- air in order to be alive to get to those ment that if you pass regulations, then it. jobs and to work those jobs. you are going to create jobs. It reminds So today’s bill is just another in a We know that since the inception of me of what you hear in China and Rus- long string of anti-environment/anti- the Clean Air Act opponents of this law sia, with more government interven- health attacks that look out for cor- have been exaggerating the costs of im- tion, more government regulations. porate interests over the best interests plementing the regulations associated Our friends on the other side of the of American families. We cannot afford with the act while at the same time aisle say that’s creating new jobs. Yet to give polluters a free pass to spew downplaying the benefits that the new on this regulation, we have had hearing deadly, toxic air pollution that hurts rules have brought. after hearing after hearing in which our health and puts our children at H.R. 2681, the bill before us, does not people in the business come to Con- risk. No matter what anyone says, in- take into account the positive impacts gress and say we don’t know that we creased pollution is not a sustainable on the economy and jobs that EPA reg- can meet these standards in the time- path to job creation. Instead, we should ulations will have by spurring addi- frame necessary. be saving lives, saving our environ- tional research and development of We heard today, one cement kiln in ment, and investing in the clean-tech cleaner technologies and by making Oregon has already spent $20 million jobs of the future. these same plants more efficient. and still cannot meet the requirements I urge my colleagues to oppose this In a recent Washington Post article, of this regulation, and they have said bill and the anti-environment/anti- the economist Steven Pearlstein takes they are going to have to close down. American health bill that is up for a issue with the Republican analysis of We have heard testimony that of 100 vote tomorrow. regulatory costs in an article aptly en- cement plants in America, 18 percent of I yield back the balance of my time. titled, ‘‘The magical world of voodoo them are going to have to shut down. The Acting CHAIR. The question is ‘economists.’ ’’ So how do you create jobs by issuing on the amendment offered by the gen- Mr. Pearlstein correctly notes that regulations that make people close tleman from California (Mr. WAXMAN). these EPA rules spur the creation of plants and lose jobs? The question was taken; and the Act- innovative new technologies that will Now, I understand that we have a ing Chair announced that the noes ap- not only control pollution but also cre- balance that we are trying to reach peared to have it. ate new jobs to install the emissions- here, and that’s the purpose of this leg- Mr. WAXMAN. Mr. Chairman, I de- control equipment. islation. We want to protect health. mand a recorded vote. Supporters of this bill, Mr. Chair- And, by the way, EPA in 1999 issued a The Acting CHAIR. Pursuant to man, will also argue that it will pro- cement regulation. And between 1999 clause 6 of rule XVIII, further pro- vide certainty to industry when, in and 2005, mercury emissions decreased ceedings on the amendment offered by fact, this bill as currently drafted does by 58 percent during that time period. the gentleman from California will be precisely the opposite. In 2006 they came out with a new regu- postponed. As written, section 5 of H.R. 2681 will lation, and certain environmental AMENDMENT NO. 7 OFFERED BY MR. RUSH raise legal uncertainty and ambiguity groups didn’t like it; so they filed a Mr. RUSH. Mr. Chairman, I have an by requiring the EPA to select the lawsuit. So as a result of that lawsuit, amendment at the desk. ‘‘least burdensome’’ regulatory alter- EPA had to come out with another reg- The Acting CHAIR. The Clerk will native even if a stronger standard is ulation. designate the amendment. feasible and would provide more public So our legislation today is simply The text of the amendment is as fol- health benefits. staying the most recent regulation. As lows: However, under current law, plant I said, they issued the regulation in owners already have the flexibility to 2006, environmentalists filed lawsuits, At the end of section 5, add the following: (c) RULE OF CONSTRUCTION.—This section is select an appropriate combination of and EPA had to come back and issue a intended to supplement the provisions of, controls to comply based on the prac- new regulation. Our legislation, be- and shall not be construed to supersede any tices of the cleanest and most efficient cause of testimony that is indis- requirement, limitation, or other provision plants that are operating today. putable, that plants are going to close of, sections 112 and 129 of the Clean Air Act The Clean Air Act requires that the and jobs will be lost, simply asks EPA (42 U.S.C. 7412, 7429). EPA set toxic air pollution standards to go back and, within 15 months after The Acting CHAIR. The gentleman for cement kilns based on numeric the legislation is passed, come out with from Illinois is recognized for 5 min- emission levels that cleaner facilities a new regulation and give the industry utes. are actually achieving right here, right 5 years to comply. And if the adminis- Mr. RUSH. Mr. Chairman, this atro- now, today in this world, the real trator of the EPA wants to give them cious bill, H.R. 2681, will make perma- world. longer than that to comply, she may. nent changes to the Clean Air Act by Pollution control technologies that Of course we don’t expect that she weakening health- and science-based meet the requirements are commer- would do that. standards. cially available and, in fact, many But we have heard about mercury Cement kilns are a major source of plants in this Nation have already in- today, for example. EPA in its own es- mercury pollution as well as of other stalled modern pollution control tech- timates said that the Cement MACT

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that they’ve issued would reduce mer- total of 18 years, 19 years, 191⁄2 years. Mr. HOYER. Mr. Chairman, I move to cury emissions by less than one-fourth You want the American people to con- strike the last word. of 1 percent of global emissions. In tinue to breathe bad air, to get dis- The Acting CHAIR. The gentleman fact, it is so small that they did not eases, cancer, lung diseases, another 19 from Maryland is recognized for 5 min- even give a dollar value of benefits to years? utes. the reduction of mercury emission by How dare you come before the Amer- Mr. HOYER. Mr. Chairman, I appre- their regulation. ican people and come before this Con- ciate the recognition, and I rise in sup- So mercury, we know, is emitted nat- gress and say you want more time. port of the Rush amendment and in op- urally. It’s also emitted globally. In They’ve had 13 years, and most of the position to the underlying bill. fact, the Department of Energy said industries in this Nation have already First of all, let us lament the fact that 11 million pounds of mercury was complied. This one industry, the only that we are not considering on the emitted globally in 2005 from both nat- one, the one you’re trying to protect, floor today a jobs bill. Now, I under- ural and human resources. So this reg- it’s the only one that’s excluded. And I stand that my friend from Kentucky ulation that we are trying to delay is say we can’t wait any longer. The believes this affects jobs. He may well not going to have any impact on reduc- American people can’t wait any longer. be right. But it doesn’t affect jobs in ing mercury emissions by any signifi- Our children can’t wait any longer. Our the short term. In fact, as the gen- cant amount. senior citizens can’t wait any longer. tleman knows, one of these regulations Now, we have heard a lot about why We can’t wait any longer. We cannot that is the subject of legislation this don’t you pass the Obama jobs bill. give them another 7 years. week has been stayed until next year, That’s how you create jobs, instead of Mr. WAXMAN. If I might reclaim my and the EPA is working very closely fighting EPA over regulations. The time, I think the gentleman is abso- with the cement industry and par- lutely right. The gentleman from Ken- United States Congress has an obliga- ticular individuals in the cement in- tucky said that they had a witness that tion and a responsibility to question dustry to try to work towards an im- said it’s irrefutably true that they’re regulations that we believe are harm- plementation which they can in fact going to lose all of these jobs. That ing the economy, and I notice in to- comply with. same witness urged our committee to day’s The Hill it said Senate Demo- What is lamentable, however, and the repeal the Clean Air Act, which seems crats bucked Obama on his jobs plan. gentleman from Kentucky mentioned like what the Republicans would like So we are all committed to jobs, but it, that somehow, and he pointed at the to do, but they want to do it bit by bit. Senators, the Senators don’t agree I do not believe that issuing more regu- This amendment before us by Mr. lations creates jobs when we have busi- with the President’s jobs bill. In fact, RUSH addresses one of the most egre- ness owners large and small testify re- the Senators do agree with the jobs gious provisions of the bill. It changes bill; they don’t agree with how it’s paid peatedly that these regulations are the requirement. It changes the stand- going to lose jobs, that they are going for. And so they have a different pay- ard. And it would set up a standard for. That, I suggest to you, is the legis- to have to shut down plants at a time that would be litigated for many, many lative process. when the President wants to put more more years. He talked about how long money into infrastructure needs in But what I tell my friend from Ken- they have been let off the hook. They’ll tucky, what my friends on the Demo- America, which is fine. You need ce- wait many years after that because the ment to do that. Our plants are going cratic side in the Senate and the Demo- courts will have to decide it. crats in the House both agree on, we to be closed, so we are going to be im- What his proposal is and this pending ought to be considering jobs legisla- porting more cement from China, amendment is to say this bill would be tion. We ought to have every day on India, and elsewhere. in addition to a standard that’s already this floor, 5 days a week, legislation So I would respectfully, though I in place, and that standard is to re- have much admiration for my friend quire the use of a maximum achievable trying to get Americans back to work; from Illinois, oppose this amendment. control technology to control the emis- millions of Americans who can’t find The Acting CHAIR. The time of the sions of mercury, arsenic, dioxin, jobs, who can’t support their families, gentleman has expired. PCBs, and other toxic emissions. This who psychologically are being damaged daily by their inability to have a job. b 1520 is not a pie-in-the-sky technology. It’s requiring technology that’s already That’s what we ought to be doing. Mr. WAXMAN. Mr. Chairman, I move being used at the present time. We’ve been in this Congress now for al- to strike the last word. And so it would set up a floor for most 10 months, 9 months plus, and we The Acting CHAIR. The gentleman each toxic air pollutant that reflects haven’t had a jobs bill on this floor. from California is recognized for 5 min- the emission levels that are actually The President of the United States utes. being achieved in the real world. The came before the Congress and the Mr. WAXMAN. I yield to the gen- bill before us would strike that and re- American people and said: I’ve got a tleman from Illinois. place it with a requirement that would bill, the Americans Jobs Act, and it in- Mr. RUSH. I thank the ranking mem- be the least burdensome on the indus- vests in creating jobs, invests in put- ber for yielding. try, even if it’s the least effective in ting money in people’s pockets, and in- Mr. Chairman, I have some questions stopping the harm to children and oth- vests in making small businesses more that I want to ask the Members on the ers from the mercury and other toxic able to expand their base, expand jobs, other side. pollutants. and grow their businesses. It invests in How much time do you need? How So I rise in support of the Rush making sure that our schools are ap- much time are you asking the Amer- amendment. I urge my colleagues to propriate for our kids, and it invests in ican people to wait? How much longer adopt it. It simply states that we’re making sure that 240,000 teachers stay do they have to wait for the EPA to fi- not replacing the requirement that’s in on the job educating our kids so when nally come up with rules and regula- the law. A requirement would be added they get out of school they can get a tions that will regulate the cement onto it, and it would clarify that EPA job. kiln industry, an industry that up until should set numeric emission limits to And yet, my friends, we’re here talk- this date, 13 years later—13 years reduce the air toxic pollution from ce- ing about two industries vital to Amer- later—still no regulation on the ce- ment kilns unless such limits are not ica’s well-being. I couldn’t agree more ment kiln industry? Thirteen years. feasible as described in the statute. with the gentleman from Kentucky, we And then you have the audacity to I urge my colleagues to support the need to have regulations and rules that come before this Congress and come be- Rush amendment, and I yield back the are consistent with Americans being fore the American people and say, after balance of my time. able to grow their businesses. And the 13 years, We want you to wait even ANNOUNCEMENT BY THE ACTING CHAIR gentleman from Kentucky said you’re longer. Another year and a half for the The Acting CHAIR. The Chair would concerned about the air. I’m absolutely EPA to act on this bill and another 5 remind all Members that remarks convinced of that. I know you are. But years, another 5 years before this bill should be directed to the Chair and not I’m also convinced that the gentleman will force them to comply. That’s a addressed to other Members. from California, who’s been such a

VerDate Mar 15 2010 02:52 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.063 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6589 giant in this effort for clean air in dates for any of the three recent ce- to be a real-world operation that this is America, was correct when he said the ment sector rules have been changed, supposed to meet. It is clearly—at least witness said you ought to do away with and it is not clear that they will be. the industry feels in the timeframe set the Environmental Protection Agency Only a legislative stay will provide reg- we can’t meet that real-world stand- and the Clean Air Act. ulatory certainty for these rules. ard. Therefore, how about taking an- I have a granddaughter who has asth- President Obama has publicly stated other look for the next 15 months at ma. Now, luckily, we have an interven- to us that he learned that ‘‘shovel- these standards; and then when you tion that she puffs on every morning ready’’ doesn’t always mean ‘‘shovel- come up with something that can be and every evening that helps her. But ready,’’ and that we are still waiting met in the real world, give us 5 years throughout the rest of the day, she for some of the projects from the origi- to implement, which is pretty reason- puffs on the air in our country, in our nal stimulus bill to be created because able if you look at the distance be- State and in our county. And Ameri- ‘‘shovel-ready’’ doesn’t mean ‘‘shovel- tween ’99 and ’06, between the time the cans expect us as their Representatives ready.’’ And, in fact, we have a few of regulations changed the last time. It is to try, to the extent we can, to make these in my district. right within the same time frame. But sure that air is healthy and breathable But let me say this: What we’re talk- all of a sudden, we have accelerated the and life-sustaining. ing about here is something that we’ve implementation of these rules, and And so, yes, we have to make a bal- heard from the administration since we’ve set standards that we pretty well ance. And that balance is between the Obama administration has been in agree, everyone agrees, are not making sure that our people are charge, and that is it is a success if you meetable. healthy and making sure also, hope- have prevented the loss of jobs. So you I oppose this amendment and I sup- fully, that they’re wealthy; not take credit for saying we didn’t lose port the underlying bill. wealthy in the sense of being rich, but certain jobs because of this action. I yield back the balance of my time. wealthy in terms of having a job, hav- Well, we have evidence here that says The Acting CHAIR. The question is ing the self-respect of a job and the we are going to lose certain jobs be- on the amendment offered by the gen- ability to support themselves and their cause of this action. In fact, we are tleman from Illinois (Mr. RUSH). families. told that we could have the close-down The question was taken; and the Act- We ought to be considering a jobs of 20 percent of the cement factories ing Chair announced that the noes ap- bill. I know you say these regulatory currently in existence within the next peared to have it. Mr. RUSH. Mr. Chairman, I demand a bills are jobs bills, but I want to call 2 years. That means shut down and ei- ther moved overseas or just shut down recorded vote. your attention to an article written by The Acting CHAIR. Pursuant to and no longer in business as a result of somebody who you may know, Mr. clause 6 of rule XVIII, further pro- the regulations that are imposed by Bruce Bartlett. As you know, Mr. ceedings on the amendment offered by EPA. And that’s actually not only the Bruce Bartlett was in the Reagan and the gentleman from Illinois will be industry, but even EPA acknowledges George H.W. Bush administrations and postponed. served on the staffs of Representatives that that is a possibility. AMENDMENT NO. 17 OFFERED BY MRS. CAPPS Jack Kemp and RON PAUL. He has So what this amendment that is pro- Mrs. CAPPS. Mr. Chairman, I have never been on our press staff. posed here does is it says—and the ar- gument we heard was we ought to be an amendment at the desk. He says the focus on these regula- The Acting CHAIR. The Clerk will ashamed of ourselves for the position tions as if they are job creators or job designate the amendment. destroyers is inaccurate. That does not we’re taking and that for 18 years The text of the amendment is as fol- mean we shouldn’t pay attention to we’ve done nothing. Well, for 18 years, lows: we’ve not exactly done nothing. In 1999, them; we should. But, ladies and gen- After section 1, insert the following section tlemen, we ought to have on this floor regulations were imposed by the EPA (and redesignate the subsequent sections, jobs legislation, job creation legisla- which were submitted to the cement and conform internal cross-references, ac- tion. industry; and they, by their own state- cordingly): Bring to the floor the President’s ment of EPA, they put those in place, SEC. 2. FINDING. bill. If you don’t like it, vote against and then the regulations changed in ’06 The Congress finds that according to the it. If you don’t like it, amend it, but and they were in process; and many, as Environmental Protection Agency, if the give the American public, the Amer- we heard from our friend from Oregon, rules specified in section 3(b) are in effect, have put those regulations in place to then for every dollar in costs, the rules will ican people the chance to have a jobs provide at least $7 to $19 in health benefits, bill considered on this floor to give reduce emissions. In fact, we have re- due to the avoidance each year of— them hope and opportunity. duced mercury emissions by 56 percent (1) 960 to 2,500 premature deaths; I yield back the balance of my time. by the regulations that have been put (2) 1,500 nonfatal heart attacks; in place and the implementation that b 1530 (3) 1,000 emergency room visits; the industry has done. (4) 17,000 cases of aggravated asthma; and ANNOUNCEMENT BY THE ACTING CHAIR So it seems to be maybe another case (5) 130,000 days of missed work. The Acting CHAIR. The Chair will re- of legislative negligence here to make The Acting CHAIR. The gentlewoman mind the Members that remarks in de- the accusation that we have done noth- from California is recognized for 5 min- bate must be addressed to the Chair ing for the 13 years that have gone for- utes. and not to others in the second person. ward. Of course, that is just not true. Mrs. CAPPS. Mr. Chairman, it’s my Mr. CARTER. Mr. Chair, I move to They have done something. sincere hope that we can all agree to strike the last word. But now we’ve got the example of the this amendment because it would sim- The Acting CHAIR. The gentleman plant that is in Oregon which has met ply add a finding to the underlying bill from Texas is recognized for 5 minutes. the ’99 and met the ’06 regulations, and of illustrating the health benefits of Mr. CARTER. Mr. Chairman, there’s now they’re looking at these regula- EPA’s mercury and air toxics cleanup a pretty heated argument going on tions and the standard we have to standards for large cement plants. Op- here, and there are a couple of things I meet, which is a 1 percent versus a 5 ponents of these clean-up standards would like to point out here. First off, percent standard, .01 versus a .05 per- argue that they cost too much. I don’t the EPA is conducting a reconsider- cent standard, that the folks in the Eu- happen to agree with that assessment. ation of certain aspects of the recent ropean Union have set as a clean air But while we can debate the cost of the cement rules. However, EPA is only re- standard. They are five times dirtier standards, the health benefits are not considering a certain aspect of these than what we are proposing, and in dispute, and that is why those facts rules. EPA has stayed the effective they’ve taken a look at it and said, we should be included as part of this bill; date on only one of the three rules pro- can’t meet this standard within the and that is what this amendment posed. They have stayed it only for a time frame that EPA has set forth for makes in order. short period of time, and environ- us. Mr. Chairman, for decades, cement mentalists have sued the EPA for stay- So what we, by the underlying bill in plants have been one of the largest pol- ing the rule. None of the compliance this case, have said is EPA is supposed lution emitters in the United States.

VerDate Mar 15 2010 02:52 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.065 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6590 CONGRESSIONAL RECORD — HOUSE October 5, 2011 They are responsible for some of the from California’s amendment. In doing The Acting CHAIR. The gentlewoman most dangerous air pollutants in the so, I would be the first to recognize from California is recognized for 5 Nation, including mercury and other that she has been one of the real lead- minutes. emissions that react in the air to form ers in the Congress of looking after the Ms. WOOLSEY. Mr. Chairman, it’s soot and smog. But some cement plants health of all of our constituents in the been 274 days since the Republicans are still failing to comply with basic U.S. The reason that I’m opposed to took over the House. What do we have Clean Air Act protections that are 13 this particular amendment, however, is to show for it? Well, first up, they’ve years overdue. And that’s why the EPA that she asks us to adopt EPA’s find- introduced a budget that would end took final action last year to require ings about health and cost benefits. Medicare as we know it. Then the Re- these large cement plants to cut their She wants that to be adopted as a find- publican-led House voted to take emissions and to simply follow the law. ing in the legislation. In our legisla- money away from NPR. Next up, they EPA science and health standards are tion, we don’t have any findings that voted to make it easier to outsource based on the track record of the exist- we’re adopting at all. And one of the jobs. And just last week, they even ing plants that do the best job at lim- reasons, among many, that we are op- voted to cut programs supporting green iting harmful emissions. In fact, many posed to putting the health and cost jobs. Quite a record: not one single job- plants have already installed modern benefits as a finding in the legislation creation bill. So what’s on deck for pollution control technology that is that we have not had the ability to today? A bill that would allow more meets these requirements. But instead undertake any full analysis of EPA’s toxic pollutants in the air that we of supporting the EPA’s lifesaving methodology in assessing those health breathe. clean-up standards, the bill before us benefits and costs. And we furthermore I’m certain, Mr. Chairman, that if we would delay these standards by at least do not have any idea what assumptions went outside and asked 100 people, 41⁄2 additional years. And it eliminates they used. would you prefer dirtier, more toxic any deadline by which cement plants And another reason that I personally air, we are going to get 100 ‘‘noes.’’ So must comply with EPA’s safeguards. am opposed to their health and cost why are we taking this up today? It’s This could mean thousands and thou- benefits is that we know for a fact that not because working families are clam- sands of additional pounds of mercury they do not include as a cost the health oring for more toxins in their homes, and other toxic pollution released into benefits lost by family members of at the workplace, or in the parks. This our air each and every year. those people who lose jobs as a result bill is a handout to the polluters of These pollutants can cause cancer. of the regulation adopted by EPA. America. It says that their profits are They can impair brain development, So if you’re going to look at the cost more important than the health of our and they can harm children’s ability to of health benefits that people incur for Nation. More asthma? Who cares. learn. They affect the kidneys, the the emissions that may be affected by We’ve got to make a profit. lungs and the nervous system, and they the regulation, you most certainly Well, let’s admit what this under- cause lung and heart disease and pre- should examine and analyze the cost of lying bill is really about. It’s one more mature deaths. the health benefits to those people who break for Big Business at the expense Now, you’ve heard that some large lose jobs, lose their health insurance, of working families and our commu- cement plants want a free pass from because there has been shown to be a nities. cleaning up air pollution in the name direct correlation between economic The American people have had of jobs. But indefinitely delaying livelihood and health. So because of enough, Mr. Chairman. Let’s stand up EPA’s clean-up standards will not pre- that, I would be very much opposed to for public health. Let’s stand up for vent job losses. What it will do for cer- adopting this as a finding. We already common sense. I urge my colleagues to tain is to put the lives and the health know that EPA has set out their cost vote ‘‘no’’ on this dangerous and reck- of millions of Americans at risk. Fail- benefits and analysis. That’s available less legislation, and I urge the Repub- ing to implement the EPA’s air pollu- to the public, so we’re not really ac- licans to get behind President Obama’s tion standards for cement plants over 1 complishing any purpose by putting it jobs bill and put America back to year would lead to as many as 2,500 in this legislation. work. Mr. Chairman, I yield back the bal- premature deaths, as many as 1,500 I would also just like to make one ad- ance of my time. heart attacks, about 1,000 emergency ditional comment going back to my Mr. ELLISON. Mr. Chairman, I move room visits, about 17,000 cases of aggra- friend from Illinois about delay, delay, vated asthma, and 130,000 days of work to strike the last word. delay. And I would reiterate what the The Acting CHAIR. The gentleman missed by people affected. gentleman from Texas said. EPA It’s clear that the benefits of these from Minnesota is recognized for 5 min- adopted the first cement regulation in utes. pollution safeguards significantly out- 1999. They came back in 2006 and adopt- weigh these costs. For every dollar the Mr. ELLISON. Mr. Chairman, I rise ed another one. That would be in effect in favor of the amendment because I’d cement industry spends to clean up one today except that the environmental of its plants, Americans get up to $19 in like to make the point that Americans groups filed a lawsuit against it. And watching this debate, Mr. Chairman, health benefits back, and this fact is as we know, the pattern seems to be backed by peer-reviewed science. should not be fooled into believing that environmental groups file the lawsuit, there is some false choice between b 1540 EPA enters a consent decree agreeing, being able to breathe and having a job. What other investment results in and then they pay the legal fees of the This is just a false choice. It’s a trick this astonishing return for the Amer- environmental groups. So these regula- bag, and it’s unfair to make this argu- ican people? That’s why I’m offering tions would have been in effect a long ment to the American people. this simple amendment today. It would time ago if that lawsuit had not been The fact is we can breathe and we remind us of all the tremendous health filed. can avoid asthma and mercury poi- benefits that EPA’s mercury and air So all we’re saying is the industry soning and have a job. You don’t have toxic clean-up standards will achieve. and EPA and others had agreed to to have one or the other. And the fact So I urge my colleagues to support those second regulations, but once the is, Mr. Chairman, is that the folks who this straightforward amendment to the lawsuit was filed, the regulations be- argue against regulations that protect bill. came so stringent that the testimony our health and sometimes impose a I yield back the balance of my time. has shown that many of these plants reasonable cost on industry, these Mr. WHITFIELD. Mr. Chairman, I simply cannot meet those standards. folks have never liked regulations that rise in opposition to the amendment. So with that, I yield back the bal- ask business to do their fair share. The Acting CHAIR. The gentleman ance of my time and ask Members to This is not a new thing. This is not from Kentucky is recognized for 5 min- oppose the Capps amendment. unique to the cement industry. This is utes. Ms. WOOLSEY. Mr. Chairman, I rise an ongoing ideological debate which Mr. WHITFIELD. Mr. Chairman, I in favor of the Capps amendment, and has been going on for a long time. But rise in opposition to the gentlewoman I move to strike the last word. thankfully, Americans recognized that

VerDate Mar 15 2010 02:52 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.072 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6591 we needed to breathe and work. So we ysis? And I would start with scientific my Texas language, is an integral por- passed regulations. We passed and en- evidence that has appeared here today tion of that, if that has to be brought acted the EPA. And we brought laws that somewhere between 100 and 85 per- in from China, don’t you think that and regulations into being that would cent of the mercury pollution that’s also is going to slow down again the protect our health. But now we’re found from the Pacific Ocean to the President’s complaint that shovel- being asked to say, Your health or a Mississippi River comes from foreign ready doesn’t always mean shovel- job? And this is being done in the mid- sources. ready? I think it is. dle of one of the most dramatic reces- My first question would be, in their And, in fact, do we have any quality sions since the Great Depression. analysis, did they analyze that relative assurance that when we build that The fact is, this claim that if you get to the mercury—infant child brain bridge across the Mississippi River, rid of all the regulations these corpora- damage relative to the somewhere be- like we did in Minnesota, that the ce- tions are just going to spring forward tween 100 and 85 percent of the mer- ment that we put into that bridge is of and start hiring people is untrue. cury—that comes from foreign sources, an adequate quality that we feel safe There’s no evidence of it. I’d love to see which we have no control over? And we driving over? I don’t know, but that’s some proof of this claim. It’s not the could shut all our concrete plants going to be our option if our cement in- case. And you can’t tell me that if down, which we may do, and the result dustry goes overseas. some self-interested business person would be, I don’t know, somewhere be- So at some point in time we have to comes to a hearing and says, I would tween 15 percent better and no better, ask ourselves, we’re losing jobs when hire if we could get rid of regulations, at least west of the Mississippi. So did they close plants. If it’s so onerous I don’t buy that. I want to see some they analyze it that way accordingly? that they have to move, then why not real evidence. But there is none. That’s And then, therefore, if they said that take time to study and come up with why you don’t see it. they did it that way, is the number something that actually works in the The fact is is that if you want to put they’re talking about relative to the 15 real world, as this EPA rule is supposed people back to work today, we’ve got percent or the 0 percent that these to work? to pass the President’s American Jobs plants are creating? I yield back the balance of my time. Act. We ought to be on the floor talk- I don’t know the answer to that ques- Mr. WAXMAN. Mr. Chairman, I move ing about the President’s American tion. But that’s the reason I think it to strike the last word. Jobs Act. We ought to be talking about would be an irregular thing for this The Acting CHAIR. The gentleman the infrastructure bank bill. We need Congress to do to adopt the findings of from California is recognized for 5 min- to be getting Americans back to work the EPA or other health organizations utes. because the real reason that our econ- without us knowing what actual facts Mr. WAXMAN. I rise in support of omy is dragging along and unemploy- they used in their analysis of doing the Capps amendment. ment is so high is because our govern- this. And I would think that would re- The Capps amendment doesn’t ment is not putting people back to quire a pretty hard and tough inquiry, change the bill. It allows the bill to go work by investing in infrastructure, by not that I’m saying there’s not health into effect, but the amendment would refurbishing our school system, by put- care issues with anything that goes in simply add the health benefits findings ting the necessary investments into the air. Certainly, there’s got to be. in the legislation. It doesn’t change the 21st century. That’s what we need Then another question we hear today what the bill does, but it does provide to be doing, not just relieving industry is, why don’t you guys quit talking— crucial context for the bill’s provisions. of the responsibility to respect our en- you’re not talking about creating any Now, I should point out that the bill, vironment and our lungs. jobs. No, we’re talking about the same itself, nullifies the cement kiln rules So I just want to say, and to say argument that the administration’s and forces EPA to start all over again. again, Mr. Chairman, that I hope the been using for the entire length of the In doing so, the bill nullifies all of folks watching C–SPAN don’t fall for administration. We’re talking about these health benefits such as fewer the okeydoke, and be very, very careful saving American jobs, because there’s asthma attacks, avoided premature in listening to this debate, and don’t no evidence to the contrary that if you deaths, reduced exposure to toxic pol- allow themselves to be fooled into close down a plant and it employs 15 to lution. In its place the bill offers no thinking that they can either have a 30 workers, you lose 15 to 30 jobs, not 15 guarantee that any new rules will have job or they can have lungs, but they to 30 corporations, 15 to 30 American to achieve the same level of public can’t have both. worker jobs. health protection. So the Capps amend- Mr. Chairman, I yield back the bal- If you close 20 percent of the plants, ment ensures that we have an honest ance of my time. and there’s approximately 100 in the accounting of the health benefits that Mr. CARTER. Mr. Chairman, I move country, then you’re going to have 20 the Republican leadership says we to strike the last word. times somewhere between 15 and 20 should erase because they just aren’t The Acting CHAIR. The gentleman jobs, whatever the number is. And worth it. from Texas is recognized for 5 minutes. these are $65,000 to $85,000-a-year jobs Well, I would urge that we vote for Mr. CARTER. Mr. Chairman, I rise in by labor. But we’re going to lose those the Capps amendment because this opposition to the Capps amendment. finding is important for Members to First let me say that the underlying jobs. And this bill that this amendment have so that they understand they’re concept behind the Capps amendment is seeking to be attached too, its pur- voting with their eyes wide open to is fine. We are all concerned about the pose is to save those people’s jobs, eliminate those very health benefits. health of people. those American laborers’ jobs. I think Everybody’s using examples of asth- it’s something we should think about. I just want to respond to this busi- ma. I have asthma, okay; that’s why I The American Jobs Act, if it can get ness about China. It’s like we’re going sound like this. All right. So I under- the support in the Senate—to my to close down cement plants and bring stand asthma. But I want to point out knowledge, it has not yet been dropped it all into the United States from some things about this that concern in the House, but I’m sure it will be China. Well, that just doesn’t make a me. sometime; someone will step up and do lot of sense. That’s just not credible. First and foremost, we have sci- it. U.S. clinker output has dropped nearly entific information. And what the And then the question becomes, what 50 percent since 2006, but the imports chairman of the subcommittee said is about the President’s public statement have declined by more than 80 percent. that we don’t know exactly upon what that shovel-ready doesn’t mean shovel- How could that be? methodology the EPA bases its anal- ready? Well, there’s a lack of demand. ysis of the health care incidents that Well, if you’re going to have to bring That’s the reason we have a problem. occurred from this industry. in a part, a major part of fixing high- The domestic cement industry is re- ways and schools, which is concrete, if gional in nature. According to the b 1550 you’re going to have to bring in the Portland Cement Association, the cost There probably are health care inci- element of concrete, because Portland of shipping cement prohibits profitable dents. The question is, what’s the anal- cement, as my colleague has corrected distribution over long distances. As a

VerDate Mar 15 2010 02:52 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.074 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6592 CONGRESSIONAL RECORD — HOUSE October 5, 2011 result, customers traditionally pur- don’t have the demand. I think we first thing we have to do is quit killing chase cement from local sources. If should take the cement industry at jobs. It’s the Environmental Protection we’re not producing more cement, it’s their word, when the Portland Cement Agency. It’s not the Employment Pre- not because we’re bringing it in from Association tells us the cost of ship- vention Agency or anything along that China. It’s because the demand is not ping cement prohibits profitable dis- line. there. tribution over long distances. We can We’ve got a lot of work to do. This is Now, the findings that the Capps continue with our own industry and a great bill, and I would urge my col- amendment would put into place are still meet these health-based stand- leagues to support it. based on the EPA’s economic analysis ards. I yield back the balance of my time. that has to follow criteria set by the I yield back the balance of my time. The Acting CHAIR (Mrs. CAPITO). Office of Management and Budget. So Mr. KINZINGER of Illinois. I move to The question is on the amendment of- they’re based on peer-reviewed studies. strike the last word. fered by the gentlewoman from Cali- They’re transparent. They’re subject to The Acting CHAIR. The gentleman is fornia (Mrs. CAPPS). public comment. They’re reviewed by recognized for 5 minutes. The question was taken; and the Act- the Office of Management and Budget. Mr. KINZINGER of Illinois. Thank ing Chair announced that the ayes ap- The industry studies meet none of you, Mr. Chairman. I’ll be pretty brief peared to have it. these criteria. Members can get up here in saying this. Mr. WHITFIELD. I demand a re- and say numbers of jobs that will be It seems like we’ve often taken this corded vote. lost, but we don’t know where those idea of jobs and everything else, and, The Acting CHAIR. Pursuant to numbers have come from. We haven’t again, in Washington D.C., we have two clause 6 of rule XVIII, further pro- seen any peer-reviewed studies. epic competing viewpoints right now: ceedings on the amendment offered by In 40 years of experience in imple- One says that we need jobs; the other the gentlewoman from California will menting the Clean Air Act, we’ve heard says we need jobs. One says we need be postponed. these predictions of disaster time after jobs through more government spend- time, and yet the economy has contin- AMENDMENT NO. 1 OFFERED BY MS. ing, more government interaction, SCHAKOWSKY ued to grow. Chicken Little has noth- more stimulus. In fact, I had a col- Ms. SCHAKOWSKY. I have an ing on industry when it comes to re- league once tell me that the problem amendment at the desk. quirements to clean up pollution. with the stimulus is it wasn’t large The Acting CHAIR. The Clerk will So when we hear that we can’t pro- enough. Well, I guess stimulus 2 that’s tect our children from toxic pollution, designate the amendment. being proposed is actually half as large. The text of the amendment is as fol- from brain damage, from cancers be- There’s different competing things on cause plants will close down, I would lows: how to create jobs, but the one thing After section 1, insert the following section urge my colleagues not to believe it. I we can all agree on is the Environ- don’t think we have to make that (and redesignate the subsequent sections, mental Protection Agency needs to and conform internal cross-references, ac- stark choice. And if you’re going to protect the environment and it needs cordingly): make that stark choice, don’t oppose to do so at prevention of killing and SEC. 2. FINDING. the findings being in the bill because stopping job creation or putting people The Congress finds that mercury released you don’t like those findings, you don’t out of work. into the ambient air from cement kilns ad- want to face those findings. I think we Again, when we talk about this whole dressed by the rules listed in section 2(b) of ought to have them in the bill because issue, I think the thing that needs to this Act is a potent neurotoxin that can that’s exactly what we’re going to do. be very obvious here is we need ce- damage the development of an infant’s brain. So if you’re going to support this ment, obviously, to build infrastruc- The Acting CHAIR. The gentlewoman bill, then support it with the under- ture. The industry is saying, You’re from Illinois is recognized for 5 min- standing that those public health bene- going to cost us 18 out of 100 plants and utes. fits will be lost. you’re going to cost 20,000 jobs. Now, Ms. SCHAKOWSKY. Thank you, Mr. CARTER. Will the gentleman we can take issue with that. I just Madam Chair. yield? My amendment is simple. It would Mr. WAXMAN. I yield to the gen- heard my colleague say that we have to take the cement industry at their include in the findings the scientific tleman from Texas. fact that mercury released into the Mr. CARTER. I thank the gentleman word. I agree. This is what’s being said: ambient air from cement kilns is a po- for yielding. I just want to correct— 20,000 jobs. tent neurotoxin that can damage the maybe you said it wrong; maybe I said So the question is, now, do we just go development of an infant’s brain. it wrong. If I did, I apologize. I’m not ahead and say, Well, let’s not give any Let me just read the finding from my saying Chinese industry will move to additional time to figure out how to amendment. It says, ‘‘The Congress the United States. I’m saying that if comply with these regulations so those finds that mercury released into the they close down plants in the United jobs aren’t lost; let’s just take the arbi- ambient air from cement kilns ad- States, which the industry has given us trary number and move forward? All dressed in this act is a potent a percentage of at least 20 percent of we’re trying to do is buy a little more neurotoxin that can damage the devel- the plants will close—and we know the time to allow the industry to protect opment of an infant’s brain.’’ construction of a new plant in Alabama those 20,000 people. That is just fact. This is not up for will stop until the stay—then I’m say- Imagine right now—and it’s not just debate. That is just a fact and should ing that then we would have to supple- a number. Imagine there are 20,000 peo- be acknowledged in the legislation, ment that by overseas shipments from ple out there in the United States right that mercury is one of the most harm- the largest producer of cement in the now that are going about their busi- ful toxins in our environment. Forty- world, China. ness. It’s 4 o’clock on the east coast, so Mr. WAXMAN. Reclaiming my time, some are maybe getting off of work, or eight tons of mercury is pumped into I did understand you to say that, and I maybe they’re going to a second shift, our air each year, threatening one in just can’t think of that as a credible and they have no idea that this faceless six women nationwide with dangerous statement because we’ve already had a 20,000 number is actually them. They levels of mercury exposure. Pregnant drop of nearly 50 percent since 2006 of are that 20,000 number right now. They women, infants, and young children are cement in the United States. That don’t realize it. They’ve got the little most vulnerable to mercury poisoning, didn’t mean we brought in more from ‘‘20,000’’ above their head. They say, I which harms a developing child’s abil- China. In fact, our demand, our im- hope my job’s safe; but no, it’s them. ity to walk, talk, read, write, and com- ports from anywhere else declined by Because if these rules are allowed to go prehend. Developing fetuses and chil- more than 80 percent. into effect haphazardly like this, they dren are especially at risk to even low- will be out of work. level mercury exposure that causes ad- b 1600 Again, we have two competing phi- verse health effects. Up to 10 percent of So it’s not a question of we’re going losophies here, and we can talk about U.S. women of childbearing age are es- to have to come from China; we just those philosophies, but ultimately the timated to have mercury levels high

VerDate Mar 15 2010 02:52 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.078 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6593 enough to put their developing children different philosophies. I hope not. I would oppose putting into a finding at increased risk for cognitive prob- hope we agree that it is a rightful func- this particular statement. I might also lems. tion of government to say that we say to the gentlelady from Illinois that Cement kilns are among the largest don’t want to overburden industry but we don’t have any findings in this leg- sources of airborne mercury pollution we do want to say that our job is to islation at all, so I would respectfully in the United States, and there is exist- protect the health and safety of the request that the Members oppose this ing technology right now that would people of the United States, and mer- particular amendment. prevent that. When mercury is pumped cury is a danger that is proven. I yield back the balance of my time. into our air, very often it ends up in I urge my colleagues to support this Mr. WAXMAN. I rise in support of bodies of water and is ingested by fish. simple amendment, and I yield back the amendment. Mercury-contaminated fish are found the balance of my time. The Acting CHAIR. The gentleman in almost every American body of from California is recognized for 5 min- b 1610 water, and eating contaminated fish is utes. the dominant cause of mercury expo- Mr. WHITFIELD. Madam Chairman, Mr. WAXMAN. Madam Chair and my sure in people. I rise in opposition to the amendment. colleagues, this amendment simply This is a serious problem in my home The Acting CHAIR. The gentleman states the finding of the science. State of Illinois. In April, Environment from Kentucky is recognized for 5 min- It simply says that Congress finds Illinois issued a report showing that utes. that mercury released into the ambient the amount of mercury in the average Mr. WHITFIELD. The gentlelady air from cement kilns, addressed by sport fish tested in 36 counties exceeds from Illinois is certainly a valuable these rules listed in 2(b) of this act, is the EPA safe limit for regular con- member of the Energy and Commerce a potent neurotoxin that can damage sumption. Due to this contamination, Committee, and is an effective advo- the development of infants’ brains. That’s the finding. It’s a scientific the Illinois Department of Public cate for her positions, but her amend- finding. Health warns women and children to ment would require a finding that mer- cury emitted from the cement kiln is a As I heard the argument of the gen- limit their consumption of fish. tleman from Kentucky, the chairman Illinois is not unlike other States. neurotoxin. of the subcommittee, he said it depends According to the EPA, nearly every I would first point out that EPA, on how much you’ve ingested and all fish nationwide contains mercury. The itself, in its reports, has indicated that that, but nobody’s talking about that. EPA actually advises women who are the regulation of domestic mercury, This is just a finding of the science. He pregnant or who may become pregnant because of the Clean Air Act, has al- also indicated there is no finding in to eat no more than 12 ounces of any ready decreased by 58 percent. It has this bill. So what? This is an amend- fish per week, and to eat limited or no also estimated that the Cement MACT that it issued, which is at issue in this ment to the bill. amounts of fish that have high mer- EPA didn’t put a dollar figure on the cury content. That advisory has also legislation, would reduce global emis- sions of mercury by less than one- potential health benefits from reducing been issued for infants and children. the emissions of mercury, carcinogens, That’s because we know beyond any fourth of 1 percent. It also said that the Department of Energy estimated and other toxic pollutants. scientific doubt that mercury inhibits It’s not that there won’t be any bene- that the global emissions of mercury brain development in the fetal and fits. EPA simply couldn’t produce a amount to about 11 million pounds. early childhood development stages. well-supported dollar value estimate of So the amount of mercury that we’re EPA analysis and peer-reviewed studies those benefits given the time and talking about in this cement regula- show that mercury leads to increased methodological constraints. So I don’t tion is so minute that the EPA, itself, incidence of neurological disorders, in- see how anybody can oppose this did not even assign a dollar value to creased incidence of learning disabil- amendment, because it simply states a the benefit because it was so, in its ities, and increased incidence in devel- scientific fact. Let me be very concrete opinion, inconsequential. opmental delay. about it. This is a simple statement of Obviously, Congress is not a sci- The EPA cement plant standards a scientific fact. If Congress wants to entific body. We know that mercury is would reduce this major threat without go on record, as we already have in dangerous, but when mercury comes undue burden to industry. The stand- other legislation, that we don’t believe out of a cement kiln, it comes out as ards will lower the mercury exposure of in science, you can do it, but it doesn’t elemental mercury. It then must fall more than 100,000 women of child- wish the scientific finding away. bearing age in Illinois whose blood into water, where organisms convert it Mercury exposure in the womb, mercury levels exceed the rec- to methylmercury. A fish has to take which can result from a mother’s con- ommended limit. When fully imple- in the methylmercury, and that fish sumption of mercury-tainted fish and mented, EPA estimates that mercury has to be cooked. Then someone has to shellfish, can adversely affect the de- emissions from cement kilns will be re- eat it for it to be damaging to that per- veloping brain and nervous system. duced by 92 percent. The legislation we son. You can’t wish that away. You can’t consider today will block EPA’s ef- So these are very scientific assump- vote it down and say that it’s not true. forts. It will send EPA back to the tions. As I said, Congress is not a sci- Babies that were exposed to mercury drawing board with new untested and entific body. The scientific under- in utero can suffer long-term problems legally vulnerable guidance for setting standing of mercury is certainly far with cognitive thinking, memory, at- air pollution standards. more complicated than is reflected in tention, language, and fine motor and My colleagues across the aisle talk a this finding that asks to be included in visual spatial skills. lot about not wanting to burden the the bill. This statement simply assigns You can’t say that’s not true. That’s next generation with debt. Where is the responsibility for specific health what the scientists have concluded. their concern with burdening the next impacts to specific sources when there In 1990, we adopted the Clean Air Act. generation with reduced brain capac- are multiple sources of mercury in the We asked that these cement kilns and ity? H.R. 2681 patently ignores the sci- environment, including natural re- other polluters reduce those pollutants entifically proven fact that mercury sources. There is some mercury in the because they are toxic air pollutants. exposure inhibits brain development, air as a result of cement kilns, but The Schakowsky amendment says especially in infants. If we are prepared there is an awful lot in there which is there is a scientific basis for this law. to pass legislation that would jeop- natural, and then there is an awful lot She repeats the science. Republicans ardize the health of children by in- that comes from sources outside the can amend the Clean Air Act and say creasing mercury emissions, we should U.S. we’re not going to do anything about be willing to acknowledge the sci- We do not believe that the EPA can it, but they cannot amend the laws of entific fact that EPA inaction poses a quantify any health benefit from re- nature. They cannot change the sci- serious health risk. ducing emissions of mercury from entific reality. The previous speaker, my colleague these sources, because they’ve said I must also point out with this bill from Illinois who spoke, said we have that themselves. Because of that, I that, not only are Republicans urging

VerDate Mar 15 2010 02:52 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.081 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6594 CONGRESSIONAL RECORD — HOUSE October 5, 2011 that we deny the scientific reality, but regulatory assault on the cement in- health and environmental impacts, en- they want to make sure we don’t do dustry as well as on the coal industry, ergy requirements, the feasibility of anything about that scientific reality. what they are doing here is just unfair implementation, the availability of The Schakowsky amendment doesn’t to basic industry—to manufacturing, equipment suppliers and labor, and the change that. It only says that we ought to industrial America. When you look potential net employment impacts. to face the scientific fact, as I indi- at the stimulus law that was enacted a That means jobs. cated, which is the overwhelming sci- couple of years ago, look at what hap- As has been pointed out at various entific consensus. I don’t know any- pened. Our stimulus dollars, Federal points here, the industry today em- body who’s against this scientific con- dollars, are being used to finance a ce- ploys about 17,000 Americans, and we sensus. If we vote against her amend- ment importation terminal in New have lost more than 4,000 jobs in the ment, we’re denying the scientific fact York City for the purpose of bringing cement industry since 2008. As I point- that mercury is a potent neurotoxin in Peruvian cement. ed out, in a district like mine where we that can damage the development of an have five cement plants that are oper- b 1620 infant’s brain. I don’t see how anybody ating, and operating effectively—and could vote against that. No, I am not making that up; that’s not only the cement plants, but we also Even if you want to postpone the real. And I’ve talked about this issue have ancillary industries, like the rules, even if you want to give the EPA before on the House floor. Because this FLSmidth Company, formerly the more time and make the industry have regulatory assault on domestic cement Fuller Company, where they actually to avoid coming into compliance for 10, and our own Federal Government, an- make cement equipment and build ce- 16, 18, 20 years, whatever it may be, it’s other arm of the Federal Government, ment plants. These types of jobs are irrefutable. This is the reason we want trying to basically subsidize the impor- good-paying jobs, are essential to these rules in place. Otherwise, the Re- tation of foreign cement, it’s going to America’s industrial base, to our basic publicans ought to say, ‘‘We don’t want have a very negative impact on my industry. the rules in place,’’ because there’s no congressional district, which is, again, We have to stop this regulatory as- reason to have these rules. If that’s the largest cement producing district sault on these types of manufacturing what they believe, then they can vote in America. jobs. We can make things in America if against the Schakowsky amendment, And it’s been stated before these our government will just allow us. but it doesn’t make any sense. NESHAP rules just cobble together a So, once again, I want to express my I don’t know if I have any remaining range of different performance charac- concerns regarding the underlying time, but I would be happy to yield to teristics for different pollutants with- amendment but, at the same time, ex- the gentlelady from Illinois (Ms. SCHA- out determining if it is possible for any pressing my strong and unreserved sup- KOWSKY) if she wants to say anything single cement company to comply with port for the underlying legislation, more. all these standards simultaneously. which is much overdue. The Acting CHAIR. The gentleman There are two other rules, the CISWI Again, cement is a critical industry from California has 30 seconds remain- rule and the nonhazardous solid waste to our Nation, and it’s time that we ing. rule, that will deal with issues like adopt this very important Cement Mr. WAXMAN. I’ll not even take that tires. MACT legislation. 30 seconds. And many modern cement plants I yield back the balance of my time. This is a question of voting on the here, as well as in Europe, use alter- scientific conclusion, so I urge my col- Ms. HIRONO. I move to strike the native fuel sources with high Btu con- leagues to vote for the Schakowsky last word. tent. They use tires. They use waste The Acting CHAIR. The gentlewoman amendment. plastics ground up. Many of these ma- I yield back the balance of my time. from Hawaii is recognized for 5 min- Mr. DENT. Madam Chairman, I move terials and waste would be otherwise, utes. to strike the last word. ordinarily, landfill. We burn them in Ms. HIRONO. Madam Chair, I rise The Acting CHAIR. The gentleman cement kilns with a high Btu content, today in opposition to the two bills be- from Pennsylvania is recognized for 5 and that replaces other fuels like coal. fore the House, H.R. 2250 and H.R. 2681. minutes. So this is very important. It’s a great There is an old saying, ‘‘The people Mr. DENT. I rise with strong reserva- reuse of these materials. If we leave have spoken.’’ The people spoke clearly tions about this amendment, but I also those unsightly tire piles out and back in 1990. They said, We want clean- want to talk about the underlying leg- about, what will happen is we’ll see an- er air and healthier communities. So islation. other situation like we saw in Philadel- President George H.W. Bush proposed I think, really, what we have to be phia years ago where the tire pile ig- changes to strengthen the Clean Air focused on here is jobs. Again, as I nited and melted the I–95 bridge in Act. stated earlier during floor debate, I Philadelphia. That’s when many people The legislation to carry out these represent the largest cement-producing started to realize that there was a bet- changes was introduced by a coalition district in America. We have five ce- ter use for tires than letting them sit of 22 Senators from both sides of the ment plants in my district. Those five in these piles under interstate freeways aisle, Democrats and Republicans. cement plants produce more cement and use them in cement kilns. It makes Then, after an overwhelmingly bipar- than did the 50 plants that preceded great sense, and these new rules will tisan vote of 401–25 in the House and 89– them. We used to have 50 plants in my imperil our ability to use those types 10 in the Senate, the Clean Air Act district, and now those five plants that of waste fuel oils, waste tires and Amendments of 1990 were signed into are remaining produce more than the ground-up plastics. So this is some- law. That was 21 years ago that these 50. The point is that the industry has thing I think we really have to focus updates to the Clean Air Act were en- become much more productive in many on as we deal with this issue. acted. The law required acid rain, respects, including being environ- Finally, I wanted to mention a cou- urban air pollution, and toxic air emis- mentally more productive and sen- ple of other things about what’s occur- sions to be combated by reducing the sitive. ring here. By scrapping these three ex- release of 189 poisonous pollutants. The That said, these new rules, these isting rules and requiring the EPA ad- deadline for implementing these three rules in particular, will restrict ministrator to develop and propose changes was the year 2000. Eleven years the industry’s ability to remain com- more realistic and achievable regula- later, the people of Hawaii and the petitive with foreign producers. These tions within 15 months, we are going to United States are asking for the cer- foreign imports currently make up provide more time for the industry to tainty that they were promised, the more than 20 percent of the total U.S. prepare for full implementation and certainty that by 2000 their air, our air, cement sales. If these three rules are compliance. would be on the path to being cleaner. implemented, we will see less domestic We are going to require that the EPA We have heard the arguments against cement production. administrator establish compliance these regulations before: They are too To add insult to injury with respect dates and requirements after consid- expensive; they will kill jobs. We have to what the EPA is doing with their ering compliance costs, non-air quality heard the same arguments for years.

VerDate Mar 15 2010 02:52 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.083 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6595 However, since the passage of the Clean tion of funds to implement this Act and, if bill would cost EPA $1 million over a 5- Air Act 40 years ago, our Nation’s econ- so, whether this Act reduces an existing au- year period. omy has grown 200 percent. thorization of appropriations by an offset- Now, my Republican colleagues When acid rain regulations were pro- ting amount. The provisions of this Act shall claim that this bill doesn’t trigger the cease to be effective if it is determined that posed after the 1990 law was enacted, this Act authorizes the appropriation of CutGo requirement. They say that EPA industry claimed that it would cost $7.5 funds without an offsetting reduction in an can use existing funds to complete the billion to comply and tens of thousands existing authorization of appropriations. work mandated by the bill, but that’s of jobs. But we know that that was not The Acting CHAIR. The gentleman not how the appropriations law works. what happened. Instead, our economy from California is recognized for 5 min- Not including an authorization in H.R. added 21 million jobs and had the long- utes. 2681 does not have the effect of forcing est-running expansion in our Nation’s Mr. WAXMAN. Madam Chair, I op- the executive branch to implement the history. pose this bill on substantive grounds legislation with existing resources. To Recent surveys also show the biggest because it nullifies EPA’s rules to cut the contrary, it has the effect of cre- challenge facing small businesses toxic pollution from cement kilns and ating an implicit authorization of today isn’t regulation. The biggest threatens EPA’s ability to reissue rules ‘‘such sums as may be necessary.’’ Any- challenge is that consumer demand for that are protective of public health. one familiar with Federal appropria- products and services is low. And we certainly had an exhaustive tions law knows this and the Govern- We all agree that we need to help our discussion of why we think this is not ment Accountability Office or the Con- economy and create more jobs, but we a good bill, but this bill has another gressional Budget Office can confirm shouldn’t be doing that at the expense problem: It does not comply with the it. of the health of our communities and Republican leadership’s policy for dis- My amendment would simply ask a our families. That is not the way to cretionary spending. third party to settle the debate. It re- create jobs. Instead, it’s time to give When Congress organized this year, quires the Director of the Office of the American people the certainty that the majority leader announced that the Management and Budget, in consulta- the air that we breathe won’t con- House would be following a discre- tion with EPA’s Chief Financial Offi- tribute to asthma or heart attacks or tionary CutGo rule. This requires that cer, the Comptroller General of GAO, birth defects; and it’s time to give the when a bill authorizes discretionary and CBO, to determine whether this American people the certainty that funding, that funding is explicitly lim- bill authorizes the appropriation of when they speak, as they did in 1990, ited to a specific amount. The proto- funds to implement its provisions and, their government will carry out their cols also require that the specific if so, whether this bill reduces an exist- will. amount be offset by a reduction in an ing authorization of appropriations by So enough is enough. The deadlines existing authorization. an offsetting amount. are passed; the issues have been stud- This rule was embodied in a docu- If it is determined that this act au- ied; the rules have been litigated and, ment entitled, ‘‘Legislative Protocols thorizes the appropriation of funds in some cases, relitigated. Now is the for the 112th Congress.’’ The majority without an offsetting reduction, the time for the Environmental Protection leader announced that compliance with provisions in the act will be nullified. Agency to finish the job it was given these protocols is necessary for legisla- This is a truth-in-advertising amend- by Congress and finish these rules, and tion to be complied with before the bill ment. With great fanfare, the Repub- let’s get to work on legislation to cre- would be scheduled for floor consider- licans announced they were so serious ate jobs. ation. about addressing the Federal deficit I urge my colleagues to join me in Well, this bill fails to meet these pro- that they would live by a new protocol opposing both of these bills. The Amer- tocols on two counts: on discretionary CutGo. ican people want jobs legislation now, First, the bill does not include a spe- This amendment is an opportunity not ideological attacks on the Clean cific authorization for EPA to com- for the Republicans to live by their Air Act. plete the rulemaking required by the word. If we adopt this amendment and I yield back the balance of my time. bill. After all, EPA finalized the ce- the legislation complies with discre- The Acting CHAIR. The question is ment rulemaking more than a year tionary CutGo, then the amendment on the amendment offered by the gen- ago. EPA will have to start from will have no effect. If, on the other tlewoman from Illinois (Ms. SCHA- scratch, according to this bill, and fol- hand, this legislation fails to comply, KOWSKY). low a whole new approach for setting as the Congressional Budget Office in- The question was taken; and the Act- emission standards. That’s going to dicates, and has a significant impact ing Chair announced that the noes ap- cost money. on the Federal budget, then my amend- peared to have it. ment will ensure that the offending b 1630 Mr. WAXMAN. Madam Chair, I de- provisions do not go into effect. mand a recorded vote. Second, the bill does not offset the I urge all Members to support this The Acting CHAIR. Pursuant to new spending with cuts in an existing amendment. Let’s hold the Republican clause 6 of rule XVIII, further pro- authorization. In addition to violating leadership to their word. ceedings on the amendment offered by the protocols of the majority leader, I yield back the balance of my time. the gentlewoman from Illinois will be the bill violates the policies of the En- Mr. WHITFIELD. Madam Chair, I postponed. ergy and Commerce Committee. Chair- rise in opposition to the amendment. AMENDMENT NO. 9 OFFERED BY MR. WAXMAN man UPTON said the committee would The Acting CHAIR. The gentleman Mr. WAXMAN. I have an amendment be following a discretionary CutGo from Kentucky is recognized for 5 min- at the desk. rule. He sent me a letter in June to utes. The Acting CHAIR. The Clerk will clarify this CutGo policy with regard Mr. WHITFIELD. All of us are very designate the amendment. to bills pending before our committee, much concerned about excessive spend- The text of the amendment is as fol- which said: If CBO determines that any ing by the Federal Government. We lows: of these bills will have a significant know we have a serious debt, we have a At the end of the bill, add the following impact on the Federal budget, we will serious deficit, and all of us are deter- section: offset the newly authorized spending mined to bring that in line and to solve SEC. 6. DETERMINATION; AUTHORIZATION. with reductions elsewhere. that problem. Not later 10 days after the date of enact- Well, CBO has determined that H.R. Now, the gentleman from California’s ment of this Act, the Director of the Office 2681 does, in fact, authorize new discre- amendment is trying to use the so- of Management and Budget, in consultation tionary spending. CBO determined that called CutGo rule as a means to invali- with the Chief Financial Officer of the Envi- this bill will have a significant impact date this legislation. In our legislation, ronmental Protection Agency, the Comp- troller General of the United States, and the on the Federal budget because it re- we do not authorize the appropriation Director of the Congressional Budget Office, quires EPA to spend resources on pro- of any additional funds. We do not cre- shall make a determination regarding posing and finalizing new regulations. ate any new programs in this legisla- whether this Act authorizes the appropria- CBO estimates that implementing this tion.

VerDate Mar 15 2010 02:52 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.085 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6596 CONGRESSIONAL RECORD — HOUSE October 5, 2011 And I might say that each year EPA Page 8, line 14, strike ‘‘section 2(a)’’ and in- decade, before we vote to leave commu- receives an appropriation for its activi- sert ‘‘section 3(a)’’. nities exposed to toxic air pollution for ties, and we know that more than any The Acting CHAIR. The gentleman years or decades more, let’s at least other agency in the Federal Govern- from California is recognized for 5 min- recognize what we are throwing away. ment, EPA is sued more than almost utes. And what we’d be throwing away is any other agency. At any one time, Mr. WAXMAN. Madam Chair, this this particular finding that is so impor- they have 400 or 500 lawsuits going. As amendment was going to be offered by tant. a result of many of those lawsuits, Mr. MARKEY, and he strongly supports I urge all my colleagues to support they have to go back and they have to it, and I want to offer it in his place. this amendment, and I yield back the re-look at rules and so forth; and Power plants, cement kilns, inciner- balance of my time. there’s never any additional money ap- ators, manufacturing facilities, and Mr. SULLIVAN. I rise in opposition propriated to them for that purpose. So other industrial sources release toxic to the amendment. what we’re doing in this legislation is mercury into the air. These emissions The Acting CHAIR. The gentleman no different than what they deal with travel through the atmosphere and from Oklahoma is recognized for 5 min- at EPA every year. eventually deposit to land or water. utes. Now, CBO did come forth and say Once deposited, the mercury can build Mr. SULLIVAN. Madam Chair, Con- that over a 5-year period, because they up in fish, shellfish, and animals that gress should not adopt as its own spe- would have to re-look at these rules eat fish. Consumption of fish and shell- cific findings made by EPA in the con- and issue new rules and so forth, there fish is the main route of mercury expo- text of these rulemakings. Congress would be maybe a million dollars in ad- sure to humans. has not undertaken a full analysis of ditional cost. But that’s not any dif- EPA and FDA have warned women the EPA’s methodology in assessing ferent than what EPA goes through who are pregnant, of childbearing age, these reductions. EPA’s estimates en- every year, as I said, because of law- or nursing that they should limit their compass multiple assumptions that suits that are filed. consumption of certain types of fish may or may not be true and which de- Our position is we do not authorize and avoid others entirely due to mer- serve further scrutiny. additional money in this legislation. cury contamination. EPA estimates that the Cement We do not create a new program in this EPA’s cement kiln rules are designed MACT will reduce mercury emissions legislation; and, therefore, the CutGo to cut emissions of mercury as well as by 16,400 pounds per year, an amount rules are not applicable. And it is the other hazardous air pollutants. EPA es- that is only 0.15 percent of global emis- decision of the House leadership to de- timates that the rules will reduce mer- sions. Mercury is emitted naturally termine if that is the case or not, and cury emissions from cement kilns by and also globally. The Department of they’ve determined that is not the 16,400 pounds, or 92 percent, compared Energy estimates that 5,500 tons, or 11 case. So for those reasons, I would op- with projected levels. million pounds, of mercury was emit- pose the gentleman’s amendment and EPA looked at how these reductions ted globally in 2005 from both natural would urge all Members to oppose the would affect the emissions that are de- and human sources. Emissions from amendment. posited to land or water. EPA esti- these sources are modest when consid- I yield back the balance of my time. mated that the cement rules would re- ered relative to natural and foreign The Acting CHAIR. The question is duce mercury deposition by up to 30 emissions. on the amendment offered by the gen- percent in the West and up to 17 per- These projections are complex. tleman from California (Mr. WAXMAN). cent in the East by 2013. The agency’s Where these estimates have not been The question was taken; and the Act- modeling indicates that the mercury subject to rigorous scrutiny, it would ing Chair announced that the noes ap- deposition reductions would be the be irresponsible for Congress to simply peared to have it. greatest nearest the cement kilns. adopt EPA’s findings as its own. Mr. WAXMAN. Madam Chair, I de- This amendment adds a simple find- I urge a ‘‘no’’ vote on this amend- mand a recorded vote. ing to the bill, stating that EPA’s ce- ment, and I yield back the balance of The Acting CHAIR. Pursuant to ment kiln rules are expected to reduce my time. clause 6 of rule XVIII, further pro- mercury deposition in the eastern and The Acting CHAIR. The question is ceedings on the amendment offered by western United States. This amend- on the amendment offered by the gen- the gentleman from California will be ment does not change the substance of tleman from California (Mr. WAXMAN). postponed. the bill. The bill still nullifies EPA’s The question was taken; and the Act- AMENDMENT NO. 16 OFFERED BY MR. WAXMAN cement rules, which have been in place ing Chair announced that the noes ap- Mr. WAXMAN. Madam Chair, as the for a year. The amendment simply adds peared to have it. designee of the gentleman from Massa- important context for this nullifica- Mr. WAXMAN. Madam Chair, I de- chusetts (Mr. MARKEY), I offer an tion. By nullifying the cement rules, mand a recorded vote. amendment. this bill erases the reductions in mer- The Acting CHAIR. Pursuant to The Acting CHAIR. The Clerk will cury deposition that the rules would clause 6 of rule XVIII, further pro- designate the amendment. ceedings on the amendment offered by The text of the amendment is as fol- achieve. This debate has shown us how we the gentleman from California will be lows: postponed. After section 1, insert the following section need this context. The bill’s supporters AMENDMENT NO. 21 OFFERED BY MR. PALLONE (and redesignate the subsequent sections ac- have claimed that 99 percent of mer- cordingly): cury is natural; and, thus, they imply, Mr. PALLONE. Madam Chair, I have SEC. 2. FINDING. we don’t need to worry about it. I have an amendment at the desk. The Congress finds that if the rules speci- no idea where they get that figure. It The Acting CHAIR. The Clerk will fied in section 3(b) remain in effect, they are wasn’t from the EPA. But if that’s why designate the amendment. expected to reduce the amount of mercury they’re supporting this bill, their sup- The text of the amendment is as fol- that deposits to land and water by up to— port isn’t based on the facts. lows: (1) 30 percent in some areas of the western The amendment sets the record After section 1, insert the following section United States; and (and redesignate the subsequent sections, (2) 17 percent in some areas of the eastern straight. It makes it clear to all Mem- bers that the cement rules will have a and conform internal cross-references, ac- United States. cordingly): Page 5, line 11, strike ‘‘section 2’’ and in- real and significant impact on mercury sert ‘‘section 3’’. deposition. These effects will be the SEC. 2. FINDING. Page 6, line 14, strike ‘‘section 2(a)(1)’’ and The Congress finds that Federal depart- largest, of course, closest to the plants ments and agencies should support efforts to insert ‘‘section 3(a)(1)’’. that will have to clean up their pollu- Page 7, line 8, strike ‘‘section 2(a)’’ and in- achieve the science-based, 10-year national sert ‘‘section 3(a)’’. tion. objectives for improving the health of all Page 7, lines 9 and 10, strike ‘‘section b 1640 Americans through reduced exposure to mer- 2(b)(2)’’ and insert ‘‘section 3(b)(2)’’. cury that are established in Healthy People Page 8, line 3, strike ‘‘section 2(a)’’ and in- But before we vote to throw out rules 2020 and were developed under the leadership sert ‘‘section 3(a)’’. that have been in the works for over a of the National Institutes of Health and the

VerDate Mar 15 2010 03:07 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.088 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6597 Centers for Disease Control and Prevention kilns, the EPA conducted an analysis For the past 30 years, under both the during two presidential administrations. of the effects of the rule. The agency Democrats and the Republicans, the At the end of the bill, add the following found that this rule would cut emis- Department of Health and Human section: sions of mercury from cement plants Services, the National Institutes of SEC. 7. REDUCING BLOOD-MERCURY CON- CENTRATIONS. by 92 percent—almost 17,000 pounds of Health, the Centers for Disease Control The provisions of this Act shall cease to be mercury each year that would be pre- and other agencies at the federal, effective, and the rules specified in section vented from being released into our en- State, and local levels have worked to- 3(b) shall be revived and restored, if the Ad- vironment. For some places, like in the gether to set science-based, 10-year na- ministrator finds, in consultation with the heart of the Western United States, tional objectives for improving the directors of the National Institutes of Health that means a reduction of mercury dep- health of all Americans. This is called and the Centers for Disease Control and Pre- osition by 30 percent. And now in one the Healthy People initiative. vention, that by allowing continued uncon- fell swoop, Madam Chair, this legisla- trolled emissions of mercury from cement The Healthy People initiative has set kilns this Act threatens to impede efforts to tion will reverse that 30 percent reduc- critical public health objectives for achieve the science-based, 10-year national tion. 2020. These goals are the product of an objective for reducing mercury concentra- My amendment would not let this extensive stakeholder process that in- tions in children’s blood that is established happen if doing so would interfere with volved public health experts, a wide in Healthy People 2020. achieving HHS’ goal. It would prevent range of federal, State, and local gov- The Acting CHAIR. The gentleman this bill from going into effect if it ernment officials, a consortium of from New Jersey is recognized for 5 interferes with the Department of more than 2,000 organizations, and the minutes. Health and Human Services’ goal of re- public. Mr. PALLONE. Madam Chair, I offer ducing our children’s exposure to mer- The Healthy People 2020 initiative this amendment to this legislation cury. And I don’t want to see this legis- set a goal for reducing mercury expo- that will ensure that the public health lation enacted if it’s going to affect our sure. This goal is to reduce the level of of Americans is protected under the children’s ability to talk, read, write, mercury in the blood of children and bill. or learn. I don’t want more people to be women of childbearing age by 30 per- In December of last year, the U.S. at risk for asthma and heart attacks, cent by 2020. Mercury exposure in the Department of Health and Human and I want Health and Human Services womb or at a young age can adversely Services released their Healthy People to be able to do their job. If they have affect the developing brain and nervous 2020 report. And this report is a cul- identified mercury exposure as a risk system, damaging a child’s long-term mination of a major undertaking initi- to our children and to our citizens, I cognitive thinking, memory, attention, ated under the Bush administration want them to be able to minimize that language, and fine motor skills. and completed by the Obama adminis- risk, and we should not interfere. This amendment states that Con- tration. It sets goals and objectives So, Madam Chair, I urge my col- gress agrees that we ought to set this leagues to support this amendment and with 10-year targets designed to guide goal and we ought to try to achieve ensure that we can keep our country national health promotion and disease this goal as a way to reduce the mer- progressing towards improved public prevention efforts to improve the cury levels in children. I hope we can health and keep our children safe from health of all people in the United all agree this is a worthwhile objective. environmental pollutants. States. The amendment also puts some In Healthy People 2020, HHS sets a I yield back the balance of my time. Mr. SULLIVAN. I rise in opposition weight behind this finding. If the EPA goal to reduce the American people’s to the Pallone amendment. administrator determines that allow- exposure to mercury. Mercury can The Acting CHAIR. The gentleman ing cement kilns to continue emitting cause aggravated asthma, irregular from Oklahoma is recognized for 5 min- toxic mercury without controls threat- heartbeat, heart attacks, and pre- utes. ens to block attainment of the Healthy mature death in people with heart and Mr. SULLIVAN. This amendment People standard by 2020 to reduce mer- lung disease. In addition, mercury is a calls for findings and also would effec- cury in children, then the bill has no potent neurotoxin. It is toxic to all of tively veto this bill. These are not find- effect. The administrator can reach us, but it’s particularly dangerous to ings for which we established an under- this determination only after consulta- our children. That’s why as part of the lying record in the proceedings relating tion with experts at NIH and CDC. Healthy People 2020 report, HHS set a to this bill. The MACT program is a This amendment is common sense. goal to reduce concentrations of mer- separate mandate for regulation and it There’s no point in engaging in an ex- cury found in children’s blood samples operates separately from the Healthy tensive process to set broadly agreed by 30 percent by 2020. People 2020 initiative as far as we are upon goals to guide agency actions to Children who are exposed to mercury aware. improve the health of Americans and during pregnancy can suffer from a EPA estimates that the Cement then adopt laws that prevent agencies range of developmental and neuro- MACT will reduce mercury emissions from meeting these goals. logical abnormalities, including de- by 16,400 pounds per year, an amount Now, if Republicans want to vote layed onset of walking, delayed onset that is only 0.15 percent of global emis- against these goals, that’s what they’ll of talking, cerebral palsy, and learning sions. Mercury is emitted naturally be doing if they vote against the Pal- disabilities. The National Academy of and also globally. The Department of lone amendment. Unfortunately, the Sciences estimates that each year Energy estimates that 5,500 tons, or 11 bill we’re considering today could about 60,000 children may be born in million pounds, of mercury was emit- hinder this initiative’s goal to reduce the U.S. with neurological problems ted globally in 2005 from both natural children’s mercury exposure by nul- that could lead to poor school perform- and human sources. lifying long overdue rules to reduce ance because of exposure to mercury. For these reasons, I urge my col- toxic mercury pollution from cement Cement kilns are one of the largest leagues to vote ‘‘no’’ on this amend- kilns. sources of air-borne mercury pollution ment, and I yield back the balance of b 1650 in the United States, and yet here we my time. are, Madam Chair, debating bills on the Mr. WAXMAN. Mr. Chairman, I rise But the Republicans have told us House floor that would go in the oppo- in support of the Pallone amendment. that their bill will not hurt public site direction. We’re talking about nul- The Acting CHAIR. The gentleman health. They’ve argued that mercury lifying regulations that are already on from California is recognized for 5 min- reductions achieved by cement and the books to increase infants’ and chil- utes. boiler rules won’t have a discernable dren’s exposure to mercury by indefi- Mr. WAXMAN. First, this amend- effect for public health. It won’t even nitely delaying implementation of a ment simply adds a congressional find- benefit us in how we achieve these law to reduce these toxic emissions ing that Federal agencies should sup- goals. Well, if they actually believe from cement kilns. port ongoing efforts to reduce Ameri- that, then those who support this bill When the rules were finalized last cans’ exposure to mercury. This seems should consider this amendment as an year to cut pollution from cement to me a no-brainer. opportunity to prove that the bill has

VerDate Mar 15 2010 03:07 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A05OC7.024 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6598 CONGRESSIONAL RECORD — HOUSE October 5, 2011 no impact on the mercury levels in preventible accidents—or illnesses, if those who are creating jobs, but it is children’s blood. you will. rushing toward allowing the EPA to I would urge my colleagues to sup- In addition, I believe that the idea of save lives. Let us not sacrifice lives for port this amendment, to support these jobs should not be a threat to life. Cur- convenience. Let us save lives. goals, and not to nullify the goals as rently, the bill requires the cement in- My amendment is a very construc- they would like to nullify the EPA dustry to comply with EPA rules no tive amendment to allow compliance in rules. earlier than 5 years after the rules 3 years. I would ask my colleagues to I support the Pallone amendment and have been finalized. The bill also al- support this amendment. urge my colleagues to vote for it. lows indefinite noncompliance. There Madam Chair, I rise today in support of my Madam Chairman, I yield back the is no deadline set for the industry com- amendment to H.R. 2681 the ‘‘Cement Sector balance of my time. pliance. That’s an unfair imbalance be- Regulator Relief Act.’’ My amendment requires The Acting CHAIR. The question is tween jobs and lives, and I know that the cement industry to comply with Environ- on the amendment offered by the gen- we can find the right balance. mental Protection Agency (EPA) rules no later tleman from New Jersey (Mr. PAL- These industry leaders are citizens in than 3 years after the rules have been final- LONE). communities. They support Boy Scouts ized. The question was taken; and the Act- and Girl Scouts. They support PTOs Currently, the bill requires the cement indus- ing Chair announced that the noes ap- and school athletic teams. Their very try to comply with EPA rules no earlier than peared to have it. constituents are their workers and five years after the rules have been finalized. Mr. PALLONE. Madam Chair, I de- their families, some of those very fami- The bill also allows indefinite noncompliance; mand a recorded vote. lies that will be subject to the condi- there is no deadline set for industry compli- The Acting CHAIR. Pursuant to tions where schools are near concrete ance. clause 6 of rule XVIII, further pro- manufacturing companies. It is hap- I have offered this amendment to ensure ceedings on the amendment offered by pening all over America. that the EPA has the ability to reduce toxic the gentleman from New Jersey will be I have offered this amendment to en- emissions from numerous industrial sources, postponed. sure that the EPA has the ability to re- including the cement industry, as they are re- AMENDMENT NO. 4 OFFERED BY MS. JACKSON duce toxic emissions from numerous quired to do under the Clean Air Act. The EPA LEE OF TEXAS industrial sources, including the ce- has issued 100 rules targeting 170 different Ms. JACKSON LEE of Texas. Madam ment industry, as they’re required to types of facilities which have resulted in a 1.7 Chair, I have an amendment at the do under the Clean Air Act. The EPA million ton reduction in air pollution per year. desk. has issued 100 rules targeting this and EPA rules are now being finalized for the ce- The Acting CHAIR. The Clerk will have resulted in saving—a 1.7 million ment kiln industry and these bills are intended designate the amendment. ton reduction of air pollution per year. to indefinitely delay compliance with EPA’s The text of the amendment is as fol- My amendment simply says that to Maximum Achievable Control Technology lows: comply with the EPA rules, it should (MACT) standards, prior to their promulgation. Page 5, lines 16 and 17, strike ‘‘not earlier occur no later than 3 years after the For more than 40 years the EPA has been than 5 years after the effective date of the rules have finalized. charged with protecting our environment. regulation’’ and insert ‘‘not later than 3 Let me tell you why this is a good There has been a consistent theme of chip- years after the regulation is promulgated as amendment. It gets people to work. It ping away at the ability of the EPA to protect final’’. gets you focusing quickly on the rem- our air. We have to consider the long term The Acting CHAIR. The gentlewoman edy. It helps you put the remedy in costs to public health if we fail to establish is recognized for 5 minutes. place, and it helps to save lives. reasonable measures for clean air. Ms. JACKSON LEE of Texas. I’ve This is a task that has been given to Outdoor air pollution is caused by small par- been to the floor before and I’ve used the EPA for 40 years. In fact, it was ticles and ground level ozone that comes from these famous words, and I think I’ve given to the EPA under a Republican car exhaust, smoke, road dust and factory even used them in committee: Can we administration, as I recall, Richard emissions. Outdoor air quality is also affected all get along? Nixon. We worked together then be- by pollen from plants, crops and weeds. Par- I just can’t imagine that if we cause we believed that America could ticle pollution can be high any time of year queried this industry that so many be better by creating jobs but also pro- and are higher near busy roads and where people would want to, if you will, ig- tecting our environment. people burn wood. nore the facts that are impacting not There has been a consistent theme of When we inhale outdoor pollutants and pol- only our community but our children. chipping away at the ability of the len this can aggravate our lungs, and can lead First of all, it’s important to note EPA to protect our air, but I believe we us to developing the following conditions; that the CBO has established that H.R. can do both. We can work together. chest pain, coughing, digestive problems, diz- 2681 will cost $1 million. There is pollution; it does exist. Just ziness, fever, lethargy, sneezing, shortness of I want jobs to continue. I want jobs come to a city like Houston where breath, throat irritation and watery eyes. Out- to be created. I think the service deal- asthma rates are up because of the pol- door air pollution and pollen may also worsen ing with our industry is important, but lution that we have. chronic respiratory diseases, such as asthma. I think lives are important. And I can- It is important to find a way to bal- There are serious costs to our long term not imagine in this particular instance ance the lives of those who are im- health. The EPA has promulgated rules and why we would want to block the EPA pacted by things like chest pain, the public should be allowed to weigh in to de- from finding a way to save lives. And coughing, digestive problems, dizzi- termine if these rules are effective. so I rise today to introduce an amend- ness, fever, lethargy, sneezing, short- The purpose of having so many checks and ment that would establish the fact that ness of breath, throat irritation, wa- balances within the EPA is to ensure that the compliance would come by 3 years tery eyes, while keeping our jobs. needs of industries and the needs of our com- after the implementation of the resolu- How do we do it? We rush toward fix- munities are addressed. This bill is a step in tion by the EPA. ing the problem. We rush toward cre- the wrong direction. The EPA has spent years Remember now that every party has ating the jobs by having the kind of reviewing these standards before attempting an opportunity to participate, but lis- technology that allows us to cure this to issue regulations. The proposed regulations ten to what is happening with the im- problem and keep these jobs. to the industrial boiler industry will significantly pact of mercury on our children. Colleagues, I believe this is an impor- reduce mercury and toxic air pollution from If these safeguards are blocked, up to tant approach. It is to find the new power plants and electric utilities. 34,300 premature deaths would be in technology that allows us to clean the The EPA estimates that for every year this place. These will be the consequences air. It is not to stall and block the rule is not implemented, mercury and toxic air of it. Over 17,800 more heart attacks; EPA. It is to find a way to get quickly pollution will have a serious impact on public over 180,000 additional asthma attacks; to the solution to be able to save lives. health. over 3 million more days of missed Let me say that I am hopeful that Think for a moment about the lives that can work or school; and billions of tax- the amendment will be perceived as an be saved. We are talking about thousands of payer dollars wasted treating these amendment that rushes toward helping health complications and deaths. What more

VerDate Mar 15 2010 03:07 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 9920 E:\CR\FM\K05OC7.095 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6599 do we need to know. According to the Natural on duties these hard working Houstonians do Mr. WHITFIELD. I yield to the gen- Resources Defense Council, this rule would every day. We must engage and support en- tlewoman from Texas. prevent the following: trepreneurs, innovators and small businesses Ms. JACKSON LEE of Texas. I thank 9,000 premature deaths; to create jobs. I will be proposing a bill that the gentleman. 5,500 heart attacks; will create jobs, and I look forward to bipar- I think the very argument that you 58,000 asthma attacks; tisan support. just made is one that I would like to 6,000 hospital and emergency room visits; Madam Chair, there are times in which we utilize and suggest that conformity 6,000 cases of bronchitis; and are 50 individual states, and there are times could be 3 or 5. And I’m suggesting con- 440,000 missed work days. when we exist as a single nation with national formity should be 3 years, with the The EPA has done its due diligence; a com- needs. One state did not defend the nation EPA doing just as you said, having the prehensive review of all aspects of these regu- after the attacks on Pearl Harbor. One state, discretion to give more time. I think it lations has been done, and the EPA is cur- on its own, did not end segregation and estab- shows us, as a Congress, being as bal- rently in the process of revising its proposed lish civil rights. Every so often, there comes an anced for jobs—which I know that rules in order to reflect industry concerns. If issue so vital we must unite beyond our dis- you’re trying to do—as trying to save the EPA is willing to compromise, the cement tricts, and beyond our states, and act as a na- lives. And there are lives that are im- industry must be as well. tion, and protecting the quality of our air is one pacted by the conditions that these I understand the economic impacts of regu- of those times. companies generate. lation, but we must also act responsibly. We I encourage my colleagues to support the b 1700 cannot ignore the public health risks of breath- Jackson Lee amendment in order to uphold ing polluted air, nor can we pretend that these the EPA’s authority to enforce the Clean Air Mr. WHITFIELD. Well, thank you emissions do not exacerbate global warming. Act. By ensuring the cement industry must very much. Alternatively, we certainly do not want to comply with finalized EPA regulations, we are Reclaiming my time, like I said, the hinder job creation and economic growth. protecting the quality of the air that all of our purpose of our legislation is to extend Congress passed the Clean Air Act to allow constituents breathe. Surely preventing illness it to 5 years because of the complica- the EPA to ensure that all Americans had ac- and premature death by ensuring every Amer- tions involved. And for that reason, I cess to clean air, and we must not strip the ican has access to clean air is not controver- would respectfully oppose the gentle- agency of that right. sial. Again, I urge my colleagues to support lady’s amendment and ask Members to Lest we forget that since 1999, Houston has my amendment. vote against the amendment. exchanged titles with Los Angeles for the Mr. WHITFIELD. Madam Chairman, I yield back the balance of my time. poorest air quality in the nation. The poor air I rise in opposition to the amendment. The Acting CHAIR. The question is quality is attributed to the amount of aerosols, The Acting CHAIR. The gentleman on the amendment offered by the gen- particles of carbon and sulfates in the air. The from Kentucky is recognized for 5 min- tlewoman from Texas (Ms. JACKSON carcinogens found in the air have been known utes. LEE). to cause cancer, particularly in children. The Mr. WHITFIELD. Under the existing The question was taken; and the Act- EPA is the very agency charged with issuing Clean Air Act, cement plants have 3 ing Chair announced that the noes ap- regulations that would address this serious years to comply with section 112 stand- peared to have it. problem. This bill may very well jeopardize the ards; incinerators have 5 years to com- Ms. JACKSON LEE of Texas. Madam air that we breathe, the water that we drink, ply with section 129 standards. Because Chair, I demand a recorded vote. our public lands, and our public health by of the testimony that we heard over a The Acting CHAIR. Pursuant to deep funding cuts in priority initiatives. series of hearings, the affected industry clause 6 of rule XVIII, further pro- My friends on the other side of the aisle has indicated that they need some con- ceedings on the amendment offered by seem much more interested in stripping the formity in complying with these new the gentlewoman from Texas will be EPA of its authority than passing jobs legisla- regulations. postponed. tion. It has been nearly 10 months since the As you know, there were regulations AMENDMENT NO. 8 OFFERED BY MR. QUIGLEY Republicans took control of the House, prom- adopted in 2005 or 2006 that were invali- Mr QUIGLEY. Madam Chair, I have ising the American people they would create dated by the courts. EPA came back an amendment at the desk. jobs. As October begins, they have not offered with new regulations that were a little The Acting CHAIR. The Clerk will a single jobs bill, nor have they brought Presi- bit more complicated, more strenuous; designate the amendment. dent Obama’s American Jobs Act to the floor and as a result of that, we’ve discov- The text of the amendment is as fol- for a vote. ered that these cement industries have lows: The focus of this Congress must be on had difficulty complying with the 112 At the end of the bill, add the following passing President Obama’s American Jobs and 129 within the time period. So our section: Act and other legislation that will create jobs legislation simply directs the EPA to SEC. 6. PROTECTION FROM AVOIDABLE CASES OF CANCER. and put the American people back to work. go back, relook at the regulations, and Notwithstanding any other provision of Last weekend, I had the opportunity to visit within 15 months come back with a this Act, the Administrator shall not delay several small businesses at home in the 18th new regulation and then give the in- actions pursuant to the rules identified in Congressional District of Texas. I was able to dustry 5 years to comply on the cement section 2(b) of this Act to reduce emissions roll up my sleeves and get involved with the side and the incinerator side. So we from any cement kiln if such emissions are hard working men and women of Houston. provide some conformity in our legisla- increasing the risk of cancer. I visited Dr. German Ramos at the Canal tion. The Acting CHAIR. The gentleman Medical Center, where I had the opportunity to The gentlewoman from Texas is basi- from Illinois is recognized for 5 min- meet with Dr. Ramos and his employees. I cally changing that back to 3 years. utes. visited Atlantic Petroleum and Mineral Re- And the whole purpose of our legisla- Mr. QUIGLEY. Madam Chair, my sources where I met with President and CEO tion, because of the hearings, because amendment permits the EPA to con- Donald Sheffield, and got to work at De Walt of the technology required, it was quite tinue to enforce and finalize the regu- Construction Company, owned by single moth- evident that more time was needed. So lations preempted by the bill at hand if er Wanda De Walt, who employs 15 people we set a time period, a minimum time the emissions limited by these regula- and wants to hire more. I also had the oppor- of 5 years to comply. The adminis- tions are found to cause cancer. In tunity to visit floral shops, beauty salons, bak- trator of the EPA may grant additional other words, this amendment says the eries and other small businesses throughout time, if necessary, but we doubt that administrator shall not delay actions Houston. that would happen. to reduce the emissions from any ce- I spoke with these entrepreneurs and small So for that reason, for a pragmatic ment kiln if such emissions are in- business owners who represent America’s big- reason, I would oppose the gentle- creasing the occurrence of cancer. gest job creators, and their message was woman’s amendment so that we can We stand here today having an argu- clear. These business owners and entre- have some conformity in these regula- ment that is predicated on the notion preneurs encouraged me to work to pass pow- tions. that when it comes to matters of job erful bipartisan, specific proposals to create Ms. JACKSON LEE of Texas. Will the creation and environmental steward- jobs. It was a privilege to perform the hands gentleman yield? ship and protection of public health,

VerDate Mar 15 2010 04:18 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A05OC7.057 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6600 CONGRESSIONAL RECORD — HOUSE October 5, 2011 you can only have one or the other. 1,500 heart attacks, 17,000 asthma at- to protect public health, but also to You must pick between creating and tacks and over 1,700 hospital and emer- strengthen the economy by preventing retaining jobs, they’ll tell you, or pro- gency room visits and 130,000 days of a loss of jobs, and to look at the entire tecting and conserving our land, air, missed work. Any rule that saves lives public health benefits, for that reason I water, and keeping our public healthy. is a matter of public health. would respectfully urge the defeat of This is a false notion, born of scare tac- We’re dealing with skyrocketing this amendment. tics and the fact that those who pur- rates of death due to asthma and bur- With that, I yield back the balance of port these ideas aren’t basing their be- dening more children at earlier ages my time. liefs on science. with lifelong and sometimes debili- The Acting CHAIR. The question is There are both economic and societal tating cases of asthma from particu- on the amendment offered by the gen- factors involved. It’s not an either/or. late matter being pumped into our air. tleman from Illinois (Mr. QUIGLEY). It’s dollar signs, yes; but it’s also lives, A report released by the American The question was taken; and the Act- days in hospitals, cancer treatments, Lung Association reported nearly 60 ing Chair announced that the noes ap- and trips to the emergency room for percent of Americans live in areas peared to have it. Mr. QUIGLEY. Mr. Chairman, I de- small children and the elderly. where air pollution has reached mand a recorded vote. Come to Chicago, the asthma mor- unhealthy levels that can and do make The Acting CHAIR. Pursuant to bidity and mortality capital of the people sick. clause 6 of rule XVIII, further pro- United States. These are measures that will help ceedings on the amendment offered by Cement kilns are the third largest keep us alive and able to work. These the gentleman from Illinois will be source of mercury emissions in the are measures that will create jobs in postponed. U.S. Mercury is a powerful neurotoxin the clean and green industrial indus- AMENDMENT NO. 18 OFFERED BY MR. CONNOLLY that impacts and impairs the ability of try. OF VIRGINIA infants and children to think and Attacks on the Clean Air Act and the Mr. CONNOLLY of Virginia. Madam learn. The toxic air pollutants found in EPA’s ability to regulate greenhouse Chairman, I have an amendment at the cement kiln emissions can cause can- gases are a huge piece of the larger cli- desk. cer, and they do. mate crisis, a crisis that has a hefty The Acting CHAIR. The Clerk will The toxic air pollutants found in ce- cost: our lives. The need to crack down designate the amendment. ment kiln emissions damage the eyes, on greenhouse gas emissions is based The text of the amendment is as fol- skin, and breathing passages. The toxic on sound science, the results of hun- lows: air pollutants found in cement kiln dreds of peer-reviewed studies that At the end of the bill, add the following emissions harm the kidneys, lungs, and show their debilitating effects on our section: nervous systems. They cause pul- health and our planet—zero peer-re- SEC. 6. PROTECTION FROM RESPIRATORY AND monary and cardiovascular disease and viewed studies that show that global CARDIOVASCULAR ILLNESS AND DEATH. premature death. warming does not exist and that man Notwithstanding any other provision of The carcinogens found in cement kiln does not contribute to it. this Act, the Administrator shall not delay emissions include toxic air pollutants We’re asked to go back now. Why? actions pursuant to the rules identified in including mercury, arsenic, acid gases, Why are we considering legislation to section 2(b) of this Act to reduce emissions hydrochloric acid, dioxins, and other halt rules that have been considered from any cement kiln if such emissions are harmful pollutants that add to the Na- for now 10 years? This is beyond me. causing respiratory and cardiovascular ill- tion’s problems with soot and smog. Why are we considering legislation to nesses and deaths, including cases of heart attacks, asthma attacks, and bronchitis. They are known carcinogens, known halt rules that will keep us at work, carcinogens pumped from these sources healthy and alive? The Acting CHAIR. The gentleman is into our air, into our land, and into our I urge my colleagues to support this recognized for 5 minutes. Mr. CONNOLLY of Virginia. Madam waters. They even land on the grass in amendment, and I yield back the bal- Chairman, this congressional session is Wisconsin eaten by cows and drunk in ance of my time. not even a year old and the Republican Mr. WHITFIELD. Madam Chair, I milk. leadership has already tried to pass But don’t take my word for it. Look rise in opposition to the amendment. more than 125 anti-environmental bills, at the numbers. Plain and simple, The Acting CHAIR. The gentleman amendments, and riders. Madam Chair, the Clean Air Act saves from Kentucky is recognized for 5 min- They started by attacking public lives. The Clean Air Act has saved the utes. health standards to reduce carbon diox- lives of over 160,000 people in the 40 Mr. WHITFIELD. This amendment ide pollution on the premise that we years it has been on the books. This is directs the administrator of the EPA should trust oil-funded soothsayers not a number to be debated. In fact, to implement current cement plants over climatologists and reject the over- this is a number that is conservatively rules if emissions at cement kilns are whelming scientific consensus that estimated by the EPA. increasing the risk of cancer. This global warming is already occurring This is not some inflated statistic de- amendment would, in effect, defeat the and threatens our environment and signed for shock value or for any other entire purpose of our legislation. public health. reason. We know that the Clean Air Our bill directs EPA to protect public When the Republicans attacked Act has human value. Since 1990, EPA health, also consider jobs and the effect greenhouse gas standards, they claimed has set numeric emission limits on a of that on the economy, and all the as- that they, nonetheless, supported pollutant-by-pollutant basis for more pects of American well-being, health Clean Air Act standards to reduce toxic than 100 industry source categories. benefits, not just one. So we think it’s pollutants like mercury. After all, it This approach has been a major suc- important that EPA consider all public was a Republican President who signed cess, reducing emissions of carcinogens health risks, not just cancer. this legislation creating the Environ- and other highly toxic chemicals by 1.7 All of the testimony has indicated mental Protection Agency more than million tons each year. that there needs to be a more balanced 40 years ago. Each of EPA’s proposed rules would approach in this cement rule issued by A Republican President signed the save thousands more lives each year. EPA. As you know, EPA first adopted a Clean Air Act of 1970, which established One example, an example we’re dealing cement rule in 1999. They did another the process that the EPA is using with today, pertains to the EPA’s pro- one in 2005. It was challenged in court. today to reduce toxic pollution, includ- posed rule regarding toxic emissions They came back with another one in ing mercury and dioxin. A Republican from cement kilns. This rule simply 2006. That one is so vigorous that it’s President signed the Clean Air Act calls for cement kilns to meet numeric very difficult for the industry to meet amendments of 1990 establishing—steel emission standards for mercury and those standards. yourself—a cap-and-trade program to other toxic pollutants. So for the fact that this amendment reduce sulfur dioxide pollution. That This so-called ‘‘job-killing’’ rule is is focusing only on one public health Clean Air Act bill of 1990 also acceler- predicted to save up to 2,500 lives each risk, and I believe that it would defeat ated reductions of other toxic pollut- year. The limit will annually prevent the entire purpose of our bill, which is ants because Congress believed that

VerDate Mar 15 2010 04:18 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.101 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6601 the EPA was not moving quickly clarify that the provisions in this bill ference then, if you lose a job, you lose enough to reduce toxic pollution. will not go into effect if it causes res- a job? That makes unemployment rates b 1710 piratory illness, cardiac disease, other go up. diseases, or death. This amendment I’m not debating with you that over All of these major clean air bills were would apply throughout the country, the last 40 years, generally speaking, passed by Democratic Congresses with ensuring that rural, suburban, and we’ve had economic expansion and job Republican Presidents. While it may urban Americans would be protected creation, but we’re in a very unique seem unbelievable in today’s political equally from reckless provisions in the time right now, and we think that this climate, there was a time in the not-so- underlying bill. is a time in which we need a more bal- distant past when environmental pro- My amendment says, ‘‘The adminis- anced approach to some of these regu- tection had bipartisan support. As a re- trator shall not delay actions to reduce lations. sult of the bipartisan effort to protect emissions from any cement kiln if such Your amendment specifically looks the environment, our economy grew emission is causing respiratory and at respiratory, cardiovascular illnesses, while air pollution levels fell and pub- cardiovascular illness and death, in- and death, including heart attacks, lic health improved. cluding cases of heart attacks, asthma asthma attacks, and bronchitis. We Air quality here in Washington, D.C., attacks, and bronchitis.’’ This ensures know that EPA looks at all of this in in Los Angeles, and other major cities that if H.R. 2681 passes, God help us, we its health benefits and costs, and we do is healthier today than it was in 1970 will not be increasing the rate of res- not think it’s necessary to specifically thanks to the Clean Air Act. Our auto- piratory disease or sending more chil- spell this out in our legislation. For mobiles no longer emit unlimited dren to the hospital with asthma at- that reason, I would respectfully op- quantities of asthma and lung cancer- tacks. Since members of the majority pose the amendment and ask Members causing pollution, or lead. Our power claim to be equally concerned about to vote against the amendment. plants now have scrubbers to reduce the health of our constituents, I want- I yield back the balance of my time. the sulfur dioxide pollution that caused ed to give them an opportunity to The Acting CHAIR. The question is acid rain and poisoned rivers and prove it. on the amendment offered by the gen- streams throughout the United States I yield back the balance of my time. tleman from Virginia (Mr. CONNOLLY). before 1990. Mercury pollution has fall- Mr. WHITFIELD. I move to strike The question was taken; and the Act- en 80 percent thanks to that act. the last word. ing Chair announced that the noes ap- Thanks to these improvements in air The Acting CHAIR. The gentleman peared to have it. quality, the Clean Air Act saves ap- from Kentucky is recognized for 5 min- Mr. CONNOLLY of Virginia. Madam proximately 160,000 lives a year by pre- utes. Chairman, I demand a recorded vote. venting deaths otherwise caused by Mr. WHITFIELD. I rise in opposition The Acting CHAIR. Pursuant to pollution. to this amendment offered by the dis- clause 6 of rule XVIII, further pro- When this new Republican Congress tinguished gentleman from Virginia. ceedings on the amendment offered by attacked greenhouse gas regulations, I might also add that the last signifi- the gentleman from Virginia will be they claimed that they would not re- cant change to the Clean Air Act was postponed. verse the improvements that the Clean back in 1990, and I don’t think anyone AMENDMENT NO. 20 OFFERED BY MR. WELCH Air Act has made in reducing toxic pol- would ever suggest that Congress does Mr. WELCH. Madam Chair, I have an lution. Of course, their attempt to not have a right to go back and look at amendment at the desk. block greenhouse gas pollution stand- legislation that was passed 21 years ago The Acting CHAIR. The Clerk will ards was only the opening salvo. This and that there may be problems with designate the amendment. Republican House has passed dozens of some of that legislation. The text of the amendment is as fol- bills and amendments effectively re- There is no question that we’ve bene- lows: pealing the Clean Air Act by blocking fited from the Clean Air Act, but there After section 1, insert the following section regulation of soot, smog, and dioxin. is also no question that this adminis- (and redesignate the subsequent sections, Their assault on the Clean Air Act is so tration, this EPA, has been the most and conform internal cross-references, ac- comprehensive that they have passed aggressive in recent memory. They’ve cordingly): regulation to deregulate multiple been passing some of the most expen- SEC. 2. FINDING. kinds of soot. Today, we’ll vote on a The Congress finds that the American peo- sive regulations ever adopted by EPA, ple are exposed to mercury from industrial bill to deregulate mercury and other and it’s having an impact on the econ- sources addressed by the rules listed in sec- toxic pollution from cement factories. omy because jobs are being lost as a di- tion 2(b) of this Act through the consump- This bill would not only deregulate rect result of many of these regula- tion of fish containing mercury and every mercury pollution from cement fac- tions. State in the Nation has issued at least one tories, it would also block the EPA Our bill has directed EPA to protect mercury advisory for fish consumption. public health standards for other dead- public health, to balance the economic The Acting CHAIR. The gentleman ly pollutants such as the particulate needs, the jobs needs, all of this, as a from Vermont is recognized for 5 min- pollution that scars lung tissue and part of an overall balanced view of EPA utes. causes cancer and emphysema. Block- regulations. Mr. WELCH. Madam Chair, in this ing public health standards for cement Mr. CONNOLLY of Virginia. Will the legislation there are findings. It is kilns will increase net costs for Amer- gentleman yield? common in our legislation for there to ican taxpayers by $6.3 billion to $17.6 Mr. WHITFIELD. I would be happy to be a finding section. This amendment billion every year by increasing the in- yield. would propose a finding for inclusion in cidence of heart attacks, lung cancer, Mr. CONNOLLY of Virginia. My col- this important legislation, and that asthma attacks, and developmental league, whom I respect, said that we’re finding would read that ‘‘Congress disabilities in children. losing jobs because of this onerous reg- finds that the American people are ex- They claim that these antipublic ulation. I’m just wondering if my col- posed to mercury from industrial health bills would create jobs. The fact league has any data on how many jobs sources addressed by the rules listed in is that while the Clean Air Act has re- were lost in the last 40 years due to the section 2(b) of this act through the con- duced dangerous air pollution for the Clean Air Act—net. sumption of fish containing mercury, last 40 years, saving 160,000 lives last Mr. WHITFIELD. Let me just say to and every State in the Nation has year alone, America’s economy doubled you that the last 40 years, we’ve had a issued at least one mercury advisory in size. It didn’t shrink, the sky didn’t lot of economic expansion. Right now for fish consumption.’’ fall, and the worst predictions of our we’ve just come out of a recession. We So the question is, to the proponents friends on the other side, not one of have a 9.1 percent unemployment rate. of this legislation, as to whether there them came true. Everyone’s talking about jobs, and all would be an objection to include this I have introduced two amendments of the testimony that we’ve received finding about mercury and the sci- to H.R. 2681. I’m only going to move about these regulations indicates that entific community’s absolute conclu- this one, Madam Chairman. This will jobs will be lost. So what’s the dif- sion that mercury is hazardous to the

VerDate Mar 15 2010 03:07 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.104 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6602 CONGRESSIONAL RECORD — HOUSE October 5, 2011 health of those who consume it. That’s In this EPA regulation on the cement fairs—to manage and invest and save the question. If you believe that industry, the Obama Democrats have or spend our own money in the way we science has a place in our consideration set an impossibly high standard far be- wish. of important legislation that affects yond what even the European Union You’ll see American industry protect health and safety, then it would sug- seeks. What the Obama Democrats at- the environment, grow jobs, drill here gest that you would want to have a tempt to impose on the cement indus- and drill now for oil and gas safely and finding affirming Congress’s accept- try is like asking them to win the de- cleanly in the Gulf of Mexico and ance of the scientific conclusion that cathlon, where you have to get a gold across the United States. You’ll see the mercury causes harmful health effects. medal in every event. They’ve set, for cement industry and the construction So this amendment offers this Con- example, this rule that 98 percent of all industry come back if we just stop gress the opportunity to say the obvi- mercury has to be eliminated. The crushing them with impossible regula- ous, and that is: Mercury poisoning is technology doesn’t exist for that, yet tions that cannot be met by any avail- bad for our health. the industry has to comply with the able technology anywhere on Earth. The reason why I ask that this Con- Obama Democrat rule by next Sep- For all of those reasons, I ask the gress consider this finding is that this tember, wiping out much of the cement Members of the House to oppose this Congress has been debating the appli- industry in the United States at a time amendment, and I yield back the bal- cability of science to our deliberations. when the construction industry in ance of my time. This is not a question of whether a reg- America is already in a state of depres- The Acting CHAIR. The question is ulation is onerous or not or the cost is sion. on the amendment offered by the gen- too great for the benefits derived; it’s a It is evident from the record that the tleman from Vermont (Mr. WELCH). question of whether we will accept the cement industry today is producing at The question was taken; and the Act- responsibility to acknowledge that a rate equivalent to 1962, yet the ing Chair announced that the ayes ap- mercury does have significant detri- Obama Democrats seek to crush it fur- peared to have it. mental health consequences. This ther and eliminate more job creation Mr. WHITFIELD. Madam Chair, I de- should be acknowledged. It should be in an absolutely vital sector of Amer- mand a recorded vote. part of this legislation. ican industry, which will simply have The Acting CHAIR. Pursuant to What this Congress cannot do, what- the effect, as they have already done in clause 6 of rule XVIII, further pro- ever its dispute is about the degree of so many other industries, of driving ceedings on the amendment offered by regulation, the effectiveness of regula- the work offshore—driving more ce- the gentleman from Vermont will be tion, whether it’s too onerous or not, is ment production to Communist China, postponed. have the point of view that we can, by where they have no pollution controls. legislation, defy science. It does not AMENDMENT NO. 2 OFFERED BY MS. MOORE For example, in the auto industry, Ms. MOORE. Madam Chair, I have an allow us to do that. the Obama Democrats have set auto- So, Madam Chair, I urge that this amendment at the desk. mobile mileage standards so impos- Congress accept this finding, and I The Acting CHAIR. The Clerk will sibly high that no automobile in Amer- yield back the balance of my time. designate the amendment. ica today can meet it other than the The text of the amendment is as fol- 1720 b Prius. So the auto industry is going to lows: be crushed. In the oil industry, they’ve Mr. CULBERSON. I rise in opposition Add at the end of the bill the following: to the amendment. set impossibly high standards for drill- SEC. 6. DELAYED EFFECTIVE DATE. The Acting CHAIR. The gentleman ing in the Gulf of Mexico, driving off- (a) IN GENERAL.—This Act shall not take from Texas is recognized for 5 minutes. shore drilling to Brazil and other coun- effect until the President certifies that im- Mr. CULBERSON. Madam Chairman, tries. All those big rigs are gone. They plementation of this Act— the air contains mercury. The environ- won’t come back, but we’re trying to (1) will not adversely affect public health ment contains mercury from natural open up drilling in the gulf. in the United States; and sources. The Communist Chinese, of In sector after sector after sector, (2) will not have a disproportionately nega- course, are the world’s largest polluter, Obama Democrats are crushing the tive impact on subpopulations that are most and the plume of pollution from Com- American economy and crushing Amer- at risk from hazardous air pollutants, in- munist China stretches all the way ican business owners with impossible cluding communities with a high proportion of minorities, low-income communities, across the Pacific Ocean and covers up regulations that cannot be met. This is common sense. Constitutional pregnant women, and the elderly. the Western and Central part of the (b) DETERMINATION REQUIRED.—Not later United States. conservatives in the House are trying than 90 days after the date of the enactment This map, which I hope you can see to get this economy back on track and of this Act, the President shall publish in the there, Madam Chairman, shows the to grow jobs by eliminating regulation, Federal Register— Western and Central U.S. covered by a by cutting taxes, and by cutting spend- (1) the certification described in subsection plume of red. These are mercury depos- ing. This legislation today is a (a); or its coming from Communist China. The straightforward, simple attempt to (2) an explanation of why such certifi- United States, through the Clean Air postpone the damage. All we can do by cation is not warranted. Act and with the efforts of industry controlling the House is to stop the The Acting CHAIR. The gentlewoman and individuals across the Nation, has damage inflicted by Obama Democrats from Wisconsin is recognized for 5 min- dramatically reduced pollution levels on the American economy. That’s what utes. in the air and in the water. we can do with this legislation. Ms. MOORE. Madam Chair, my We are all committed to making sure Give us 5 years more to implement it amendment would simply require that that our kids are drinking clean water until we get reinforcements and have a the President certify that this bill will and breathing clean air. This amend- constitutionally conservative Senate not have an adverse effect on the ment offered by the gentleman from and a constitutional conservative in health of Americans. It would specifi- Vermont is a simple statement that we the White House, which is when we can cally and additionally ensure that the find we’re exposed to mercury. Con- really grow this economy and cut taxes legislation would not result in a dis- gress might as well also issue a finding and cut spending and can put the Fed- proportionately adverse impact on at- that we’re exposed to carbon dioxide. eral Government back in the box de- risk subpopulations. I’m exposed to carbon dioxide right signed by the Founders. I would submit that the majority here. They’re trying to make that a Get out of my pocket. Get out of my should be enthused about my amend- pollutant. way. Get off my back. Unleash Amer- ment to require the President to cer- What the Obama Democrats have ican entrepreneurship, and you’ll real- tify that the delay of cement kiln done to crush jobs in the cement indus- ly see the American economy grow if standards won’t harm the public health try is an illustration of what Obama you’d just leave us alone. Let Texans of Americans and have this dispropor- Democrats have done in their attempt run Texas. Let Kentuckians run Ken- tionate adverse impact. This is since to crush job creation all over the tucky. Let us manage our own busi- we have heard all day the majority United States. nesses, our own families, our own af- speak of how the majority of mercury,

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Ameri- This Presidential certification would their theory that economic develop- cans lose jobs that pay $65,000 to $80,000 allow them to rebut those assertions. ment should not be hindered by unto- a year, and the plant goes over to This Presidential certification would ward, unproven health concerns. China and joins in China’s belch of allow them to rebut that cement kilns With that, I yield back the balance of mercury—which many people have are the second-largest source of air- my time. talked about here today—that sweeps borne mercury pollution in the United Mr. CARTER. Madam Chair, I rise in across our country every day because States or that mercury is a powerful opposition to the amendment. they don’t meet the clean air standards neurotoxin that can affect the mental The Acting CHAIR. The gentleman that we already meet in this great Na- development of children. from Texas is recognized for 5 minutes. tion. Since this majority has questioned Mr. CARTER. Madam Chair, this At some point in time, reasonable- the methodology of the EPA findings amendment should really be called the ness and common sense have to come using OMB standards, the assumptions, ‘‘Moore veto amendment’’ because into these regulations. Give the indus- they should welcome this Presidential what it effectively does is veto this try a chance to achieve something that finding to rebut the assertion that EPA bill. is achievable, and that’s what this bill has made that cement kilns also emit I would point out that Paul Valberg, does. It says, take another look, come lead, arsenic, and other toxic metals former member of the Harvard School up with achievable standards, and then that could be carcinogenic and seri- of Public Health, testified before the give us the time to achieve them. I ously dangerous. Energy and Commerce Committee that don’t think that is an unreasonable po- We do know that, throughout the his- by every public health measure, from sition to take. tory of the Clean Air Act, we have seen infant mortality to life expectancy, we I think it’s the proper position to tremendous benefits in quality of life are healthier today and exposed to take to save this industry, the cement for Americans. Under the Clean Air fewer hazards than ever before. industry, from possible annihilation in Act, the individual emissions of car- Our present-day air is much cleaner this country; and soon we would face, cinogens and other highly toxic chemi- than it was a year ago, and our air once again, people saying why are all cals have been reduced by 1.7 million quality is among the best in the world. the cement jobs overseas. tons each year through actions taken, H.R. 2681 does not change or modify Madam Chair, I oppose the Moore voluntarily in many cases, by more any existing public health protection. amendment. I was tempted to call this than 170 industries. The health benefits It simply sets forth a process for EPA the ‘‘fox watching the hen house just keep adding up, and they’ve been to implement stronger protections as amendment,’’ but I’m not going to do tremendously important. In 2010, the called for in the Clean Air Act that are that. reductions in fine particles and ozone achievable, and the issue here is We need to get this done, and having pollution from the 1990 Clean Air Act achievability. Standards in this act are veto power over this amendment is not amendments prevented more than set in such a manner that it’s going to the suggestion that is relative to the 160,000 cases of premature mortality, take time to achieve these emissions. debate we are having here today. 130,000 heart attacks, 13 million lost As we pointed out, the EU, which is I ask that there be a ‘‘no’’ vote on workdays, and 1.7 million asthma at- supposedly one of the standards of the this amendment, and I yield back the tacks. world on air and water quality, has set balance of my time. But there is so much more work to be a standard that ours is five times less Mr. WAXMAN. Madam Chair, I rise done. onerous than the one that is being im- in support of the amendment. This neurotoxin is widespread in our posed by the EPA; and, arguably, the The Acting CHAIR. The gentleman Nation’s waterways. Currently, 48 industry says meeting that standard is from California is recognized for 5 min- States have issued fish consumption going to take more technology and utes. advisories due to mercury contamina- more time. Mr. WAXMAN. This amendment says tion, including 23 States that have This bill simply directs the EPA to that the President, whoever that Presi- issued Statewide advisories for all of follow the language of the Clean Air dent is or will be, would certify that their lakes and rivers. My district, of Act statute and write standards that implementation of the act will not ad- course, in Milwaukee, Wisconsin, is lo- real-world cement plants can meet. It versely affect public health in the cated on one of the Great Lakes, which may be the EU standards are the stand- country and will not have a dispropor- is a major resource for my community, ards they can meet. I am not here to tionate impact, a negative impact on for the region and, indeed, for the make that determination. sub-populations that are most at risk world, and it has been subject to large But the standards that we are pres- from hazardous air pollutants, includ- amounts of mercury contamination ently asked to meet in the cement in- ing communities with a high propor- from airborne pollutants. dustry are not attainable at this time, tion of minorities, low-income commu- I would certainly be interested in a and it takes time to make it work. nities, pregnant women, and the elder- Presidential certification and in the Well, in H.R. 2681, the costs are cer- ly. assurance that the delay of this bill tain. It’s going to be astronomical and I don’t know how my Republican col- would not have an adverse impact on certain enough that the businesses tell leagues can oppose that. First of all, I my constituents. The Great Lakes Re- us that it will shut down plants. And didn’t like that little slur that I heard gional Collaboration Mercury Emis- when you shut down a plant, you kill about the President of the United sions Reduction Strategy compiled jobs and the labor that works in that States. I think the President would mercury emissions data for the eight plant will be unemployed; and that will make an honest call. I trust any Presi- Great Lakes States and found that, in be part of the unemployment figures dent of the United States to make an 2005, Portland cement plants in these we will read within the next year as honest call if this amendment were States emitted 1.4 tons of mercury, the plant shuts down. adopted. which is roughly 4 percent of the total So achievable standards give you the But the whole idea of our environ- of 34.9 tons. opportunity to work towards the objec- mental laws is that we could all live tive that we’re all seeking here. But together. If an elderly person is more b 1730 unachievable standards cause panic, susceptible to asthma, and if children I would be immensely, Madam Chair, cause excess costs, and that are more susceptible to harm from air interested in a certification by the unachievable regulation causes the in- pollution, we don’t want to say that President of the United States that in- dustries, some of which are not tied to- they have to live somewhere else. We deed, indeed, this mercury contamina- gether, they are separate companies should all be able to live together. But

VerDate Mar 15 2010 03:48 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.111 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6604 CONGRESSIONAL RECORD — HOUSE October 5, 2011 there are some sub-populations that The Acting CHAIR. Pursuant to believe it’ll save jobs. You have to be are at greater risk; and we ought to clause 6 of rule XVIII, further pro- sick so somebody might theoretically recognize that, especially low-income ceedings on the amendment offered by be able to get a job in a cement plant. populations. the gentlewoman from Wisconsin will The fact is, as I pointed out many A lot of minority groups are more be postponed. times, it’s a false choice between a job susceptible to asthma. And when you b 1740 and a regulation. It’s a false choice be- talk about minority and low-income tween economic activity and clean air people, they don’t have houses where AMENDMENT NO. 14 OFFERED BY MR. ELLISON and a healthy environment. But since they can send their kids down to the Mr. ELLISON. Madam Chair, I have my friends on the other end of the aisle playroom. They can have their kids an amendment at the desk. want to make the case that we need to play outside, and they are going to be The Acting CHAIR. The Clerk will delay these important environmental breathing in a lot of this air pollution. designate the amendment. regulations in order to promote jobs, at So I think that before we implement The text of the amendment is as fol- least let’s talk about and be honest this law to delay for 6, 8, 10 years any lows: with the public about the health im- impact to control the harmful air pol- Page 5, after line 8, insert the following pacts. lution, we ought to have some certifi- subsection: With that, I yield back the balance of cation that we are not going to be put- (c) NOTICE IN FEDERAL REGISTER.—Not my time. ting these populations at risk. later than 60 days after the date of enact- Mr. WHITFIELD. Madam Chair, I Mr. CULBERSON. Will the gen- ment of this Act, the Administrator shall publish a notice in the Federal Register esti- move to strike the last word. tleman yield? mating the public health impact of delaying The Acting CHAIR. The gentleman Mr. WAXMAN. I yield to the gen- regulation for the Portland cement manufac- from Kentucky is recognized for 5 min- tleman from Texas. turing industry and Portland cement plants utes. Mr. CULBERSON. Mr. WAXMAN, until the compliance date of the rules re- Mr. WHITFIELD. I rise in opposition there is no definition of ‘‘adverse’’ in quired by subsection (a) instead of the com- to this amendment for a couple of rea- the act. That’s in this amendment. pliance date of the rules made ineffective by sons. Number one, because EPA has al- That’s one of the concerns. If there’s subsection (b). ready comprehensively and exhaus- any adverse impact, then the act The Acting CHAIR. The gentleman tively examined the health benefits doesn’t go into effect, nor is there any from Minnesota is recognized for 5 min- cost and every other analysis relating definition of ‘‘disproportionately.’’ utes. to their regulations. We have volumi- Those terms are not defined. Would Mr. ELLISON. Madam Chair, this nous information about those benefits. you agree there is no definition? amendment is very simple. All it says I would also say that we’ve heard tes- Mr. WAXMAN. No, I don’t agree with is that if we’re going to delay these im- timony after testimony from experts you. First of all, it says ‘‘adverse.’’ I portant rules, these lifesaving rules, who say that you cannot in any way think adverse is pretty understandable. then the EPA would be required to pub- with certainty say how many lives are Adverse would be negative, negative. lish in the Federal Register the public going to be saved, how many people are Mr. CULBERSON. Any negative. health impact of delaying this regula- not going to be put in the hospital, how Mr. WAXMAN. Well, negative to air tion. many cases of asthma are going to be pollution. We’re talking about air pol- For example, one of the public health not contracted because of passing a lution, the harm from air pollution. We impacts of clean air standards for ce- regulation or not passing a regulation. are talking about asthma, cancer. ment plants is the prevention of 17,000 They have models. They come up with Toxic pollutants can cause brain dam- cases of asthma. All we’re saying is estimates, and there’s not anything in age. that transparency, information given this amendment that would provide We’re not talking about some incon- to the public, so the public will know any more certainty. And for that rea- venience to them. We’re talking about what the impact of these delayed regu- son, I oppose the amendment and ask adverse public health impact on the lations will be. that it be defeated. public in the United States, first of all, I can see no reason why Republicans I yield back the balance of my time. and then a disproportionate negative wouldn’t adopt a commonsense amend- Mr. WAXMAN. Madam Chair, I rise impact on sub-populations that are ment like this because, quite frankly, in support of the amendment. most at risk for hazardous air pollut- if they feel this is such an important The Acting CHAIR. The gentleman ants. measure that they clearly acknowledge from California is recognized for 5 min- Mr. CULBERSON. Will the gen- based on their response to the last utes. tleman yield? amendment offered, they acknowledged Mr. WAXMAN. I yield to the gen- Mr. WAXMAN. I yield to the author that there will be health impacts, they tleman. of the amendment. Mr. CULBERSON. If there is any ad- most certainly would have to agree Mr. ELLISON. I just want to make a verse impact or any disproportionate that telling the public what the health few points in rebuttal. negative impact, the act is not going to impacts will be would be a fair and im- First of all, Congresswoman CAPPS affect that, no matter how small. portant thing to do. offered an amendment that contained Mr. WAXMAN. It says will not have a So my amendment is very simple. As the EPA findings on the health impact, disproportionate negative impact or we delay these important environ- and that was opposed pretty vigor- adversely affect public health. I think mental regulations, they are proposing ously. We could have known for the the language is clear enough for the delaying these important environ- public record; we would have had it President to make a finding and get mental regulations to protect people there. That was opposed, though. So the guidance on it in order to deter- from dirty air emitted from cement the response that we just heard from mine whether this bill should be held plants, let’s just tell the public how the other side of the aisle is inter- up. many heart attacks, how many asthma esting, to say the least. So we may disagree, but I don’t think attacks, how many deaths, how much The other important point, the fact that the language is poorly drafted. I mercury contamination, how much is, if you believe this is an important think it’s pretty clearly drafted, and I lead and arsenic will impact the health measure to pass, why not disclose this would support the amendment. of our citizens. How much cancer. What to the public, let the public know what I yield back the balance of my time. will be the health impacts of delaying we’re getting into, and I would think The Acting CHAIR. The question is these important rules; let’s print it in this would be a commonsense measure on the amendment offered by the gen- the Federal Register. and would get approval from all sides. tlewoman from Wisconsin (Ms. MOORE). I’m sure that people who favor this Mr. WAXMAN. Reclaiming my time, The question was taken; and the Act- legislation would be happy to say, you I think the public has a right to know, ing Chair announced that the noes ap- know what, yes, we’re giving you can- and I don’t think the Congress of the peared to have it. cer; yes, we’re giving you heart at- United States ought to deny them that Ms. MOORE. Madam Chair, I demand tacks; yes, we’re giving you asthma at- information. As I heard the argument a recorded vote. tacks, but we have to do it because we from the gentleman from Kentucky,

VerDate Mar 15 2010 03:48 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.113 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6605 it’s already been evaluated and is in MAN) on which further proceedings DesJarlais King (NY) Rehberg the record by the EPA. I think putting were postponed and on which the noes Diaz-Balart Kingston Reichert Dold Kinzinger (IL) Renacci it in the CONGRESSIONAL RECORD is not prevailed by voice vote. Donnelly (IN) Kline Ribble even enough. If the public wants to The Clerk will redesignate the Dreier Labrador Rigell know, we ought to have full-page ads in amendment. Duffy Lamborn Rivera Duncan (SC) Lance the newspapers. That’s my view. The Clerk redesignated the amend- Roby Duncan (TN) Landry Roe (TN) But that’s not as far as the amend- ment. Ellmers Lankford Rogers (AL) Emerson Latham ment would go, simply to put it in the RECORDED VOTE Rogers (KY) Federal Register and hope that the Farenthold LaTourette Rogers (MI) The Acting CHAIR. A recorded vote Fincher Latta press would pick it up and inform peo- Rohrabacher has been demanded. Fitzpatrick Lewis (CA) Rokita ple. Let people know. Don’t pass a bill A recorded vote was ordered. Flake LoBiondo Rooney Fleischmann Long to let the cement kilns avoid coming to The vote was taken by electronic de- Ros-Lehtinen terms with regulations that will pro- Fleming Lucas Roskam vice, and there were—ayes 166, noes 246, Flores Luetkemeyer Ross (AR) tect the public health from all of these not voting 21, as follows: Forbes Lummis Ross (FL) Fortenberry Lungren, Daniel different incidents of serious diseases [Roll No. 747] Royce and then not tell the American people Foxx E. Runyan AYES—166 Franks (AZ) Mack Ryan (WI) that we’ve let them off the hook and Frelinghuysen Manzullo Ackerman Green, Al Neal Scalise they should understand one of the con- Gallegly Marchant Altmire Green, Gene Schilling Olver Gardner Marino sequences will be all of these diseases Andrews Grijalva Schmidt Pallone Garrett Matheson Baca Gutierrez Schock and all of these deaths that otherwise Pascrell Gerlach McCarthy (CA) Baldwin Hahn Schweikert could have been prevented. Payne Gibbs McCaul Bass (CA) Hanabusa Scott (SC) Pelosi Gingrey (GA) McClintock So I strongly support the gentle- Becerra Hastings (FL) Scott, Austin Perlmutter Gohmert McCotter man’s amendment, and I yield back the Berkley Heinrich Sensenbrenner Peters Goodlatte McHenry Berman Higgins Sessions balance of my time. Pingree (ME) Gosar McKeon Biggert Himes Shimkus The Acting CHAIR. The question is Platts Gowdy McKinley Bishop (GA) Hinchey Simpson Price (NC) Granger McMorris on the amendment offered by the gen- Bishop (NY) Hinojosa Smith (NE) Quigley Graves (GA) Rodgers tleman from Minnesota (Mr. ELLISON). Blumenauer Hirono Smith (TX) Reyes Graves (MO) Meehan Boswell Hochul Southerland The question was taken; and the Act- Richardson Griffin (AR) Mica Brady (PA) Holden ing Chair announced that the noes ap- Griffith (VA) Miller (FL) Stearns Braley (IA) Holt Richmond Grimm Miller (MI) Stivers peared to have it. Brown (FL) Honda Rothman (NJ) Guinta Miller, Gary Stutzman Butterfield Hoyer Roybal-Allard Mr. ELLISON. Madam Chair, I de- Guthrie Mulvaney Sullivan Capps Inslee Ruppersberger mand a recorded vote. Hall Murphy (PA) Terry Capuano Israel Rush The Acting CHAIR. Pursuant to Hanna Myrick Thompson (PA) Carnahan Jackson (IL) Sa´ nchez, Linda Harper Neugebauer Thornberry clause 6 of rule XVIII, further pro- Carney Jackson Lee T. Harris Noem Tiberi Carson (IN) (TX) Sanchez, Loretta ceedings on the amendment offered by Hartzler Nugent Tipton Castor (FL) Johnson (GA) Sarbanes the gentleman from Minnesota will be Hastings (WA) Nunes Turner (NY) Chandler Johnson, E. B. Schakowsky Hayworth Nunnelee Turner (OH) postponed. Chu Jones Schiff Heck Olson Upton Cicilline Kaptur ANNOUNCEMENT BY THE ACTING CHAIR Schrader Hensarling Owens Walberg Clarke (MI) Keating The Acting CHAIR. Pursuant to Scott (VA) Herger Palazzo Walden Clarke (NY) Kildee Scott, David Herrera Beutler Paul Walsh (IL) clause 6 of rule XVIII, proceedings will Clay Kind Serrano Huelskamp Paulsen Webster Cleaver Kissell now resume on those amendments Sewell Huizenga (MI) Pearce West Clyburn Kucinich printed in the CONGRESSIONAL RECORD Sherman Hultgren Pence Westmoreland Connolly (VA) Langevin Shuler Hunter Peterson Whitfield on which further proceedings were Conyers Larsen (WA) Shuster Hurt Petri Wilson (SC) postponed, in the following order: Cooper Lee (CA) Sires Issa Pitts Wittman Courtney Levin Amendment No. 11 by Mr. WAXMAN of Slaughter Jenkins Poe (TX) Wolf Crowley Lewis (GA) California. Smith (NJ) Johnson (IL) Pompeo Womack Cummings Lipinski Smith (WA) Johnson (OH) Posey Woodall Amendment No. 7 by Mr. RUSH of Illi- Davis (IL) Loebsack Speier Johnson, Sam Price (GA) Yoder nois. DeFazio Lofgren, Zoe Jordan Quayle Young (AK) DeGette Luja´ n Stark Amendment No. 17 by Mrs. CAPPS of Kelly Rahall Young (FL) DeLauro Lynch Thompson (CA) California. King (IA) Reed Young (IN) Dicks Markey Tierney Amendment No. 1 by Ms. SCHA- Dingell Matsui Tonko NOT VOTING—21 KOWSKY of Illinois. Doggett McCarthy (NY) Towns Bachmann Larson (CT) Rangel Doyle McCollum Tsongas Amendment No. 9 by Mr. WAXMAN of Boren Lowey Ryan (OH) Edwards McDermott Van Hollen California. Cohen Maloney Schwartz Ellison McGovern Vela´ zquez Davis (CA) McIntyre Sutton Amendment No. 16 by Mr. WAXMAN of Eshoo McNerney Visclosky Deutch Nadler Thompson (MS) California. Farr Meeks Walz (MN) Engel Pastor (AZ) Wilson (FL) Fattah Michaud Wasserman Amendment No. 21 by Mr. PALLONE of Giffords Polis Yarmuth New Jersey. Filner Miller (NC) Schultz Frank (MA) Miller, George Waters b 1811 Amendment No. 4 by Ms. JACKSON Fudge Moore Watt LEE of Texas. Garamendi Moran Waxman Messrs. AMODEI, BENISHEK, Amendment No. 8 by Mr. QUIGLEY of Gibson Murphy (CT) Welch THOMPSON of Pennsylvania, FLO- Illinois. Gonzalez Napolitano Woolsey RES, CANSECO, WALBERG, BISHOP Amendment No. 18 by Mr. CONNOLLY NOES—246 of Utah, ROE of Tennessee and Mrs. of Virginia. Adams Blackburn Carter BLACK changed their vote from ‘‘aye’’ Amendment No. 20 by Mr. WELCH of Aderholt Bonner Cassidy to ‘‘no.’’ Vermont. Akin Bono Mack Chabot Messrs. GENE GREEN of Texas and Alexander Boustany Chaffetz Amendment No. 2 by Ms. MOORE of Amash Brady (TX) Coble BISHOP of Georgia changed their vote Wisconsin. Amodei Brooks Coffman (CO) from ‘‘no’’ to ‘‘aye.’’ Amendment No. 14 by Mr. ELLISON of Austria Broun (GA) Cole So the amendment was rejected. Bachus Buchanan Conaway Minnesota. Barletta Bucshon Costa The result of the vote was announced The Chair will reduce to 2 minutes Barrow Buerkle Costello as above recorded. the minimum time for any electronic Bartlett Burgess Cravaack Stated for: vote after the first vote in this series. Barton (TX) Burton (IN) Crawford Mr. MCINTRYE. Madam Chair, on roll- Bass (NH) Calvert Crenshaw AMENDMENT NO. 11 OFFERED BY MR. WAXMAN Benishek Camp Critz call No. 747, had I been present, I would The Acting CHAIR. The unfinished Berg Campbell Cuellar have voted ‘‘aye.’’ business is the demand for a recorded Bilbray Canseco Culberson AMENDMENT NO. 7 OFFERED BY MR. RUSH Bilirakis Cantor Davis (KY) vote on the amendment offered by the Bishop (UT) Capito Denham The Acting CHAIR. The unfinished gentleman from California (Mr. WAX- Black Cardoza Dent business is the demand for a recorded

VerDate Mar 15 2010 03:48 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.116 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6606 CONGRESSIONAL RECORD — HOUSE October 5, 2011 vote on the amendment offered by the Coble Hurt Price (GA) gentlewoman from California (Mrs. Coffman (CO) Issa Quayle gentleman from Illinois (Mr. RUSH) on CAPPS) on which further proceedings Cole Jenkins Rahall which further proceedings were post- Conaway Johnson (OH) Reed were postponed and on which the ayes poned and on which the noes prevailed Costa Johnson, Sam Rehberg prevailed by voice vote. by voice vote. Costello Jordan Reichert The Clerk will redesignate the Cravaack Kelly The Clerk will redesignate the Renacci amendment. Crawford King (IA) Rigell amendment. Crenshaw King (NY) Rivera The Clerk redesignated the amend- The Clerk redesignated the amend- Critz Kingston Roby ment. Davis (KY) Kinzinger (IL) ment. Roe (TN) RECORDED VOTE Denham Kissell Rogers (AL) Dent Kline RECORDED VOTE Rogers (KY) The Acting CHAIR. A recorded vote DesJarlais Labrador Rogers (MI) has been demanded. The Acting CHAIR. A recorded vote Diaz-Balart Lamborn Rohrabacher Dold Lance A recorded vote was ordered. has been demanded. Rokita Donnelly (IN) Landry The Acting CHAIR. This is a 2- A recorded vote was ordered. Rooney Duffy Lankford minute vote. The Acting CHAIR. This is a 2- Duncan (SC) Latham Ros-Lehtinen Roskam The vote was taken by electronic de- minute vote. Duncan (TN) LaTourette Ross (AR) vice, and there were—ayes 158, noes 254, The vote was taken by electronic de- Ellmers Latta Emerson Lewis (CA) Ross (FL) not voting 21, as follows: vice, and there were—ayes 162, noes 251, Farenthold LoBiondo Royce [Roll No. 749] not voting 20, as follows: Fincher Long Runyan Fitzpatrick Lucas Ryan (WI) AYES—158 [Roll No. 748] Flake Scalise Luetkemeyer Ackerman Grijalva Olver Fleischmann Lummis Schilling AYES—162 Andrews Gutierrez Pallone Fleming Lungren, Daniel Schmidt Ackerman Green, Gene Neal Baca Hahn Pascrell Flores E. Schock Andrews Grijalva Olver Baldwin Hanabusa Pastor (AZ) Forbes Mack Schweikert Baca Hahn Pallone Bass (CA) Hastings (FL) Payne Fortenberry Manzullo Scott (SC) Baldwin Hanabusa Pascrell Becerra Heinrich Pelosi Foxx Marchant Scott, Austin Bass (CA) Hastings (FL) Pastor (AZ) Berkley Higgins Franks (AZ) Marino Sensenbrenner Peters Becerra Heinrich Payne Berman Himes Frelinghuysen Matheson Sessions Pingree (ME) Berkley Higgins Pelosi Bishop (NY) Hinchey Gallegly McCarthy (CA) Shimkus Price (NC) Berman Himes Perlmutter Blumenauer Hinojosa Gardner McCaul Quigley Bishop (GA) Hinchey Peters Shuster Boswell Hirono Garrett McClintock Rangel Bishop (NY) Hinojosa Pingree (ME) Simpson Brady (PA) Holt Gerlach McCotter Reyes Blumenauer Hirono Price (NC) Smith (NE) Braley (IA) Honda Gibbs McHenry Richardson Boswell Holt Quigley Smith (NJ) Brown (FL) Hoyer Gibson McKeon Richmond Brady (PA) Honda Rangel Smith (TX) Butterfield Inslee Gingrey (GA) McKinley Rothman (NJ) Braley (IA) Hoyer Reyes Southerland Capps Israel Gohmert McMorris Roybal-Allard Brown (FL) Inslee Ribble Stearns Capuano Jackson (IL) Gonzalez Rodgers Ruppersberger Butterfield Israel Richardson Stivers Carnahan Jackson Lee Gosar Meehan Rush Capps Jackson (IL) Richmond Stutzman Carney (TX) Gowdy Mica Ryan (OH) Capuano Jackson Lee Rothman (NJ) Sullivan Carson (IN) Johnson (GA) Granger Miller (FL) Sa´ nchez, Linda Carnahan (TX) Roybal-Allard Terry Castor (FL) Johnson, E. B. Graves (GA) Miller (MI) T. Carney Johnson (GA) Ruppersberger Thompson (PA) Chu Kaptur Graves (MO) Miller, Gary Sanchez, Loretta Carson (IN) Johnson (IL) Rush Thornberry Cicilline Keating Griffin (AR) Mulvaney Sarbanes Castor (FL) Johnson, E. B. Sa´ nchez, Linda Tiberi Clarke (MI) Kildee Griffith (VA) Murphy (PA) Schakowsky Chu Jones T. Tipton Clarke (NY) Kind Grimm Myrick Schiff Cicilline Kaptur Sanchez, Loretta Turner (NY) Clay Kucinich Guinta Neugebauer Schrader Clarke (MI) Keating Schakowsky Turner (OH) Cleaver Langevin Guthrie Noem Schwartz Clarke (NY) Kildee Schiff Upton Clyburn Larsen (WA) Hall Nugent Clay Kind Schrader Connolly (VA) Lee (CA) Scott (VA) Hanna Nunes Walberg Cleaver Kucinich Schwartz Cooper Levin Scott, David Harper Nunnelee Walden Clyburn Langevin Scott (VA) Courtney Lewis (GA) Serrano Harris Olson Walsh (IL) Connolly (VA) Larsen (WA) Scott, David Crowley Lipinski Sherman Hartzler Owens Webster Conyers Lee (CA) Serrano Cuellar Loebsack Shuler Hastings (WA) Palazzo West Cooper Levin Sewell Cummings Lofgren, Zoe Sires Hayworth Paul Westmoreland Courtney Lewis (GA) Sherman Davis (IL) Luja´ n Slaughter Heck Paulsen Whitfield Crowley Lipinski Shuler DeFazio Lynch Smith (WA) Hensarling Pearce Wilson (SC) Cuellar Loebsack Sires DeGette Markey Speier Herger Pence Wittman Cummings Lofgren, Zoe Slaughter DeLauro Matsui Stark Herrera Beutler Peterson Wolf Davis (IL) Luja´ n Smith (WA) Deutch McCarthy (NY) Thompson (CA) Hochul Petri Womack DeGette Lynch Speier Dicks McCollum Tierney Holden Pitts Woodall DeLauro Markey Stark Dingell McDermott Tonko Huelskamp Platts Yoder Deutch Matsui Thompson (CA) Doggett McGovern Towns Huizenga (MI) Poe (TX) Young (AK) Dicks McCarthy (NY) Tierney Doyle McIntyre Tsongas Hultgren Pompeo Young (FL) Dingell McCollum Tonko Ellison McNerney Van Hollen Hunter Posey Young (IN) Doggett McDermott Towns Engel Meeks Vela´ zquez Doyle McGovern Tsongas NOT VOTING—20 Eshoo Michaud Visclosky Edwards McIntyre Van Hollen Farr Miller (NC) Walz (MN) Ellison McNerney Vela´ zquez Bachmann Giffords Ryan (OH) Filner Miller, George Wasserman Engel Meeks Visclosky Boren Goodlatte Sarbanes Frank (MA) Moore Schultz Eshoo Michaud Walz (MN) Cohen Gutierrez Sutton Fudge Moran Waters Farr Miller (NC) Wasserman Culberson Larson (CT) Thompson (MS) Garamendi Murphy (CT) Watt Fattah Miller, George Schultz Davis (CA) Lowey Wilson (FL) Gonzalez Nadler Waxman Filner Moore Waters DeFazio Maloney Yarmuth Green, Al Napolitano Welch Frank (MA) Moran Watt Dreier Polis Green, Gene Neal Woolsey Fudge Murphy (CT) Waxman ANNOUNCEMENT BY THE ACTING CHAIR Garamendi Nadler Welch NOES—254 Green, Al Napolitano Woolsey The Acting CHAIR (during the vote). Adams Bishop (UT) Cantor One minute remains in this vote. Aderholt Black Capito NOES—251 b 1815 Akin Blackburn Cardoza Adams Berg Buerkle Alexander Bonner Carter Aderholt Biggert Burgess So the amendment was rejected. Altmire Bono Mack Cassidy Akin Bilbray Burton (IN) The result of the vote was announced Amash Boustany Chabot Alexander Bilirakis Calvert Amodei Brady (TX) Chaffetz Altmire Bishop (UT) Camp as above recorded. Austria Brooks Chandler Amash Black Campbell Stated against: Bachus Broun (GA) Coble Amodei Blackburn Canseco Mr. GOODLATTE. Madam Chair, on rollcall Barletta Buchanan Coffman (CO) Austria Bonner Cantor No. 748, I was unavoidably detained. Had I Barrow Bucshon Cole Bachus Bono Mack Capito Bartlett Buerkle Conaway Barletta Boustany Cardoza been present, I would have voted ‘‘no.’’ Barton (TX) Burgess Costa Barrow Brady (TX) Carter AMENDMENT NO. 17 OFFERED BY MRS. CAPPS Bass (NH) Burton (IN) Costello Bartlett Brooks Cassidy The Acting CHAIR. The unfinished Benishek Calvert Cravaack Barton (TX) Broun (GA) Chabot Biggert Camp Crawford Bass (NH) Buchanan Chaffetz business is the demand for a recorded Bilirakis Campbell Crenshaw Benishek Bucshon Chandler vote on the amendment offered by the Bishop (GA) Canseco Critz

VerDate Mar 15 2010 05:03 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.119 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6607 Culberson Kelly Reed vote on the amendment offered by the Buerkle Herger Platts Davis (KY) King (IA) Rehberg Burgess Herrera Beutler Poe (TX) gentlewoman from Illinois (Ms. SCHA- Denham King (NY) Reichert Calvert Huelskamp Pompeo Dent Kingston Renacci KOWSKY) on which further proceedings Camp Huizenga (MI) Posey DesJarlais Kinzinger (IL) Ribble were postponed and on which the noes Campbell Hultgren Price (GA) Diaz-Balart Kissell Rigell prevailed by voice vote. Canseco Hunter Quayle Dold Kline Cantor Hurt Rivera The Clerk will redesignate the Rahall Donnelly (IN) Labrador Roby Capito Issa Reed Dreier Lamborn Roe (TN) amendment. Carter Jenkins Rehberg Duffy Lance Rogers (AL) The Clerk redesignated the amend- Cassidy Johnson (IL) Renacci Duncan (SC) Landry Chabot Johnson (OH) Rogers (KY) Ribble Duncan (TN) Lankford ment. Chaffetz Johnson, Sam Rogers (MI) Rigell Ellmers Latham Coble Jones Rohrabacher RECORDED VOTE Rivera Emerson LaTourette Coffman (CO) Jordan Rokita Roby Farenthold Latta The Acting CHAIR. A recorded vote Cole Kelly Rooney Roe (TN) Fincher Lewis (CA) Conaway King (IA) has been demanded. Rogers (AL) Fitzpatrick LoBiondo Ros-Lehtinen Cravaack King (NY) A recorded vote was ordered. Rogers (KY) Flake Long Roskam Crawford Kingston Rogers (MI) Fleischmann Lucas Ross (AR) The Acting CHAIR. This is a 2- Crenshaw Kinzinger (IL) Rohrabacher Fleming Luetkemeyer Ross (FL) minute vote. Critz Kline Royce Rokita Flores Lummis The vote was taken by electronic de- Culberson Labrador Forbes Lungren, Daniel Runyan Davis (KY) Lamborn Rooney Fortenberry E. Ryan (WI) vice, and there were—ayes 175, noes 248, Denham Lance Ros-Lehtinen Foxx Mack Scalise not voting 10, as follows: Dent Landry Roskam Schilling Ross (AR) Franks (AZ) Manzullo [Roll No. 750] DesJarlais Lankford Frelinghuysen Marchant Schmidt Diaz-Balart Latham Ross (FL) Gallegly Marino Schock AYES—175 Dold LaTourette Royce Gardner Matheson Schweikert Donnelly (IN) Latta Runyan Ackerman Fudge Napolitano Garrett McCarthy (CA) Scott (SC) Dreier Lewis (CA) Ryan (WI) Andrews Garamendi Neal Gerlach McCaul Scott, Austin Duffy LoBiondo Scalise Baca Gonzalez Olver Gibbs McClintock Sensenbrenner Duncan (SC) Long Schilling Baldwin Green, Al Gibson McCotter Sessions Pallone Duncan (TN) Lucas Schmidt Bass (CA) Green, Gene Gingrey (GA) McHenry Sewell Pascrell Ellmers Luetkemeyer Schock Becerra Grijalva Gohmert McKeon Pastor (AZ) Emerson Lummis Schweikert Shimkus Berkley Gutierrez Goodlatte McKinley Payne Farenthold Lungren, Daniel Scott (SC) Shuster Berman Hahn Gosar McMorris Pelosi Fincher E. Scott, Austin Simpson Bishop (GA) Hanabusa Gowdy Rodgers Peters Fitzpatrick Mack Sensenbrenner Smith (NE) Bishop (NY) Hastings (FL) Granger Meehan Pingree (ME) Flake Manzullo Sessions Smith (NJ) Blumenauer Heinrich Graves (GA) Mica Price (NC) Fleischmann Marchant Smith (TX) Boswell Higgins Shimkus Graves (MO) Miller (FL) Quigley Fleming Marino Southerland Brady (PA) Himes Shuster Griffin (AR) Miller (MI) Rangel Flores Matheson Stearns Braley (IA) Hinchey Simpson Griffith (VA) Miller, Gary Reichert Forbes McCarthy (CA) Stivers Brown (FL) Hinojosa Smith (NE) Grimm Mulvaney Fortenberry McCaul Stutzman Burton (IN) Hochul Reyes Smith (NJ) Guinta Murphy (PA) Foxx McClintock Terry Butterfield Holden Richardson Smith (TX) Guthrie Myrick Franks (AZ) McCotter Thompson (PA) Capps Holt Richmond Southerland Hall Neugebauer Frelinghuysen McHenry Thornberry Capuano Honda Rothman (NJ) Stearns Hanna Noem Gallegly McKeon Tiberi Cardoza Hoyer Roybal-Allard Stivers Harper Nugent Gardner McKinley Tipton Carnahan Inslee Ruppersberger Stutzman Harris Nunes Garrett McMorris Turner (NY) Carney Israel Rush Sullivan Hartzler Nunnelee Gerlach Rodgers Turner (OH) Carson (IN) Jackson (IL) Ryan (OH) Terry Hastings (WA) Olson Gibbs Meehan Upton Castor (FL) Jackson Lee Sa´ nchez, Linda Thompson (PA) Hayworth Owens Gibson Mica Walberg Chandler (TX) T. Thornberry Heck Palazzo Gingrey (GA) Miller (FL) Chu Johnson (GA) Sanchez, Loretta Tiberi Hensarling Paul Walden Gohmert Miller (MI) Cicilline Johnson, E. B. Sarbanes Tipton Herger Paulsen Walsh (IL) Goodlatte Miller, Gary Clarke (MI) Kaptur Schakowsky Turner (NY) Herrera Beutler Pearce Webster Gosar Mulvaney Clarke (NY) Keating Turner (OH) Hochul Pence West Schiff Gowdy Murphy (PA) Clay Kildee Holden Perlmutter Westmoreland Schrader Granger Myrick Upton Cleaver Kind Huelskamp Peterson Whitfield Schwartz Graves (GA) Neugebauer Walberg Clyburn Kissell Huizenga (MI) Petri Wilson (SC) Scott (VA) Graves (MO) Noem Walden Cohen Kucinich Hultgren Pitts Wittman Scott, David Griffin (AR) Nugent Walsh (IL) Connolly (VA) Langevin Hurt Platts Wolf Serrano Griffith (VA) Nunes Webster Conyers Larsen (WA) Issa Poe (TX) Womack Sewell Grimm Nunnelee West Cooper Lee (CA) Jenkins Pompeo Woodall Sherman Guinta Olson Westmoreland Costa Levin Johnson (IL) Posey Yoder Shuler Guthrie Owens Whitfield Costello Lewis (GA) Johnson (OH) Price (GA) Young (AK) Sires Hall Palazzo Wilson (SC) Courtney Lipinski Jones Quayle Young (FL) Slaughter Hanna Paul Wittman Crowley Loebsack Jordan Rahall Young (IN) Smith (WA) Harper Paulsen Wolf Cuellar Lofgren, Zoe Speier Harris Pearce Womack Cummings Lowey NOT VOTING—21 Stark Hartzler Pence Woodall Davis (CA) Luja´ n Bachmann Edwards Maloney Hastings (WA) Perlmutter Yoder Davis (IL) Lynch Thompson (CA) Berg Fattah Polis Hayworth Peterson Young (AK) DeFazio Markey Tierney Bilbray Giffords Sullivan Heck Petri Young (FL) DeGette Matsui Tonko Boren Hunter Sutton Hensarling Pitts Young (IN) DeLauro McCarthy (NY) Towns Cohen Johnson, Sam Thompson (MS) Deutch McCollum Tsongas Conyers Larson (CT) Wilson (FL) NOT VOTING—10 Dicks McDermott Van Hollen Davis (CA) Lowey Yarmuth Dingell McGovern Vela´ zquez Bachmann Larson (CT) Thompson (MS) Boren Maloney Wilson (FL) ANNOUNCEMENT BY THE ACTING CHAIR Doggett McIntyre Visclosky Giffords Polis The Acting CHAIR (during the vote). Doyle McNerney Walz (MN) Edwards Meeks Wasserman Hirono Sutton One minute remains in this vote. Schultz Ellison Michaud ANNOUNCEMENT BY THE ACTING CHAIR b 1818 Engel Miller (NC) Waters Eshoo Miller, George Watt The Acting CHAIR (during the vote). So the amendment was rejected. Farr Moore Waxman One minute remains in this vote. The result of the vote was announced Fattah Moran Welch as above recorded. Filner Murphy (CT) Woolsey Frank (MA) Nadler Yarmuth b 1822 PERSONAL EXPLANATION Mrs. DAVIS of California. Madam Chair, on NOES—248 So the amendment was rejected. rollcall Nos. 747, 748, and 749, I was unable Adams Barrow Black The result of the vote was announced to vote. Had I been present I would have Aderholt Bartlett Blackburn as above recorded. Akin Barton (TX) Bonner AMENDMENT NO. 9 OFFERED BY MR. WAXMAN voted on 747—‘‘yes,’’ on 748—‘‘yes,’’ and on Alexander Bass (NH) Bono Mack 749—‘‘yes.’’ Altmire Benishek Boustany The Acting CHAIR. The unfinished AMENDMENT NO. 1 OFFERED BY MS. Amash Berg Brady (TX) business is the demand for a recorded Amodei Biggert Brooks SCHAKOWSKY vote on the amendment offered by the Austria Bilbray Broun (GA) The Acting CHAIR. The unfinished Bachus Bilirakis Buchanan gentleman from California (Mr. WAX- business is the demand for a recorded Barletta Bishop (UT) Bucshon MAN) on which further proceedings

VerDate Mar 15 2010 03:48 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A05OC7.019 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6608 CONGRESSIONAL RECORD — HOUSE October 5, 2011 were postponed and on which the noes Cravaack Jenkins Rahall were postponed and on which the noes Crawford Johnson (OH) Reed prevailed by voice vote. Crenshaw Johnson, Sam Rehberg prevailed by voice vote. The Clerk will redesignate the Critz Jones Reichert The Clerk will redesignate the amendment. Cuellar Jordan Renacci amendment. Culberson Kelly Ribble The Clerk redesignated the amend- Davis (KY) King (IA) Rigell The Clerk redesignated the amend- ment. Denham King (NY) Rivera ment. RECORDED VOTE Dent Kingston Roby RECORDED VOTE DesJarlais Kinzinger (IL) Roe (TN) The Acting CHAIR. A recorded vote Diaz-Balart Kline Rogers (AL) The Acting CHAIR. A recorded vote has been demanded. Dold Labrador Rogers (KY) has been demanded. A recorded vote was ordered. Donnelly (IN) Lamborn Rogers (MI) A recorded vote was ordered. Dreier Lance Rohrabacher The Acting CHAIR. This is a 2- Duffy Landry Rokita The Acting CHAIR. This is a 2- minute vote. Duncan (SC) Lankford Rooney minute vote. The vote was taken by electronic de- Duncan (TN) Latham Ros-Lehtinen The vote was taken by electronic de- Ellmers LaTourette Roskam vice, and there were—ayes 167, noes 254, Emerson Latta Ross (AR) vice, and there were—ayes 169, noes 254, not voting 12, as follows: Farenthold Lewis (CA) Ross (FL) not voting 10, as follows: Fincher LoBiondo Royce [Roll No. 751] Fitzpatrick Long Runyan [Roll No. 752] AYES—167 Flake Lucas Ryan (WI) AYES—169 Fleischmann Luetkemeyer Scalise Ackerman Grijalva Neal Ackerman Green, Al Neal Fleming Lummis Schilling Andrews Gutierrez Olver Andrews Green, Gene Olver Flores Lungren, Daniel Schmidt Baca Hahn Pallone Baca Grijalva Forbes E. Schock Pallone Baldwin Hanabusa Baldwin Gutierrez Pascrell Fortenberry Mack Schweikert Pascrell Bass (CA) Hastings (FL) Bass (CA) Hahn Pastor (AZ) Foxx Manzullo Scott (SC) Pastor (AZ) Becerra Heinrich Becerra Hanabusa Payne Franks (AZ) Marchant Scott, Austin Payne Berkley Higgins Berkley Hastings (FL) Pelosi Frelinghuysen Marino Sensenbrenner Pelosi Berman Himes Berman Heinrich Perlmutter Gallegly Matheson Sessions Peters Bishop (NY) Hinchey Bishop (GA) Higgins Peters Gardner McCarthy (CA) Shimkus Pingree (ME) Blumenauer Hinojosa Bishop (NY) Himes Pingree (ME) Garrett McCaul Shuler Price (NC) Boswell Hirono Blumenauer Hinchey Price (NC) Gerlach McClintock Shuster Quigley Brady (PA) Hochul Boswell Hinojosa Quigley Gibbs McCotter Simpson Rangel Braley (IA) Holt Brady (PA) Hirono Rangel Gingrey (GA) McHenry Smith (NE) Reyes Brown (FL) Honda Braley (IA) Holt Reyes Gonzalez McKeon Smith (NJ) Richardson Butterfield Hoyer Brown (FL) Honda Richardson Goodlatte McKinley Smith (TX) Capps Inslee Butterfield Hoyer Richmond Richmond Gosar Meehan Southerland Capuano Israel Capps Inslee Rothman (NJ) Rothman (NJ) Gowdy Mica Stearns Carnahan Jackson (IL) Capuano Israel Roybal-Allard Roybal-Allard Granger Miller (FL) Stivers Carney Jackson Lee Carnahan Jackson (IL) Ruppersberger Ruppersberger Graves (GA) Miller (MI) Stutzman Carson (IN) (TX) Carney Jackson Lee Rush Rush Graves (MO) Miller, Gary Sullivan Castor (FL) Johnson (GA) Carson (IN) (TX) Ryan (OH) Ryan (OH) Green, Gene Mulvaney Terry Chu Johnson (IL) Castor (FL) Johnson (GA) Sa´ nchez, Linda Sa´ nchez, Linda Griffin (AR) Murphy (PA) Thompson (PA) Cicilline Johnson, E. B. Chu Johnson (IL) T. T. Griffith (VA) Myrick Thornberry Clarke (MI) Kaptur Cicilline Johnson, E. B. Sanchez, Loretta Sanchez, Loretta Grimm Neugebauer Tiberi Clarke (NY) Keating Clarke (MI) Jones Sarbanes Guinta Noem Tipton Clay Kildee Sarbanes Clarke (NY) Kaptur Schakowsky Schakowsky Guthrie Nugent Turner (NY) Cleaver Kind Clay Keating Schiff Schiff Hall Nunes Turner (OH) Clyburn Kissell Cleaver Kildee Schrader Hanna Nunnelee Upton Cohen Kucinich Schrader Clyburn Kind Harper Olson Walberg Schwartz Connolly (VA) Langevin Schwartz Cohen Kissell Harris Owens Walden Scott (VA) Conyers Larsen (WA) Scott (VA) Connolly (VA) Kucinich Hartzler Palazzo Walsh (IL) Scott, David Cooper Lee (CA) Scott, David Conyers Langevin Hastings (WA) Paul Webster Serrano Courtney Levin Serrano Cooper Larsen (WA) Hayworth Paulsen West Sewell Crowley Lewis (GA) Sewell Courtney Lee (CA) Heck Pearce Westmoreland Sherman Cummings Lipinski Sherman Crowley Levin Hensarling Pence Whitfield Shuler Davis (CA) Loebsack Sires Cuellar Lewis (GA) Herger Peterson Wilson (SC) Sires Davis (IL) Lofgren, Zoe Slaughter Cummings Loebsack Herrera Beutler Petri Wittman Slaughter DeFazio Lowey Smith (WA) Davis (CA) Lofgren, Zoe Holden Pitts Wolf Smith (WA) DeGette Luja´ n Speier Davis (IL) Lowey Huelskamp Platts Womack Speier DeLauro Lynch Stark DeFazio Luja´ n Huizenga (MI) Poe (TX) Woodall Stark Deutch Markey Thompson (CA) DeGette Lynch Hultgren Pompeo Yoder Dicks Matsui Tierney DeLauro Markey Thompson (CA) Hunter Posey Young (AK) Dingell McCarthy (NY) Tonko Deutch Matsui Tierney Hurt Price (GA) Young (FL) Doggett McCollum Towns Dicks McCarthy (NY) Tonko Issa Quayle Young (IN) Doyle McDermott Tsongas Dingell McCollum Towns Edwards McGovern Van Hollen NOT VOTING—12 Doggett McDermott Tsongas Ellison McIntyre Vela´ zquez Doyle McGovern Van Hollen Engel McNerney Visclosky Bachmann Larson (CT) Sutton Edwards McIntyre Vela´ zquez Eshoo Meeks Walz (MN) Boren Maloney Thompson (MS) Ellison McNerney Visclosky Farr Michaud Wasserman Canseco McMorris Wilson (FL) Engel Meeks Walz (MN) Fattah Miller (NC) Schultz Giffords Rodgers Eshoo Michaud Wasserman Filner Miller, George Waters Gohmert Polis Farr Miller (NC) Schultz Watt Waters Frank (MA) Moore ANNOUNCEMENT BY THE ACTING CHAIR Fattah Miller, George Fudge Moran Waxman Filner Moore Watt Garamendi Murphy (CT) Welch The Acting CHAIR (during the vote). Frank (MA) Moran Waxman Gibson Nadler Woolsey One minute remains in this vote. Fudge Murphy (CT) Welch Green, Al Napolitano Yarmuth Garamendi Nadler Woolsey Gonzalez Napolitano Yarmuth NOES—254 b 1826 NOES—254 Adams Bilbray Calvert So the amendment was rejected. Aderholt Bilirakis Camp Adams Biggert Burton (IN) Akin Bishop (GA) Campbell The result of the vote was announced Aderholt Bilbray Calvert Alexander Bishop (UT) Cantor as above recorded. Akin Bilirakis Camp Altmire Black Capito Stated against: Alexander Bishop (UT) Campbell Amash Blackburn Cardoza Mr. CANSECO. Madam Chair, on rollcall Altmire Black Canseco Amodei Bonner Carter Amash Blackburn Cantor Austria Bono Mack Cassidy No. 751, had I been present, I would have Amodei Bonner Capito Bachus Boustany Chabot voted ‘‘no.’’. Austria Bono Mack Cardoza Barletta Brady (TX) Chaffetz Bachus Boustany Carter AMENDMENT NO. 16 OFFERED BY MR. WAXMAN Barrow Brooks Chandler Barletta Brady (TX) Cassidy Bartlett Broun (GA) Coble The Acting CHAIR. The unfinished Barrow Brooks Chabot Barton (TX) Buchanan Coffman (CO) business is the demand for a recorded Bartlett Broun (GA) Chaffetz Bass (NH) Bucshon Cole vote on the amendment offered by the Barton (TX) Buchanan Chandler Benishek Buerkle Conaway Bass (NH) Bucshon Coble Berg Burgess Costa gentleman from California (Mr. WAX- Benishek Buerkle Coffman (CO) Biggert Burton (IN) Costello MAN) on which further proceedings Berg Burgess Cole

VerDate Mar 15 2010 03:48 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.126 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6609 Conaway Issa Price (GA) The Clerk redesignated the amend- Duncan (TN) Lamborn Ribble Costa Jenkins Quayle ment. Ellmers Lance Rigell Costello Johnson (OH) Rahall Farenthold Landry Rivera Cravaack Johnson, Sam Reed RECORDED VOTE Fincher Lankford Roby Crawford Jordan Rehberg The Acting CHAIR. A recorded vote Fitzpatrick Latham Roe (TN) Crenshaw Kelly Reichert Flake LaTourette Rogers (AL) Critz King (IA) Renacci has been demanded. Fleischmann Latta Rogers (KY) Culberson King (NY) Ribble A recorded vote was ordered. Fleming Lewis (CA) Rogers (MI) Davis (KY) Kingston Flores LoBiondo Rohrabacher Rigell The Acting CHAIR. This is a 2- Denham Kinzinger (IL) Rivera Forbes Long Rokita Dent Kline Roby minute vote. Fortenberry Lucas Rooney DesJarlais Labrador Roe (TN) The vote was taken by electronic de- Foxx Luetkemeyer Ros-Lehtinen Diaz-Balart Lamborn Frelinghuysen Lummis Rogers (AL) Roskam Dold Lance vice, and there were—ayes 166, noes 253, Gallegly Lungren, Daniel Ross (AR) Rogers (KY) Donnelly (IN) Landry not voting 14, as follows: Gardner E. Ross (FL) Rogers (MI) Dreier Lankford Garrett Mack Royce Rohrabacher [Roll No. 753] Duffy Latham Gerlach Manzullo Runyan Rokita Duncan (SC) LaTourette AYES—166 Gibbs Marchant Ryan (WI) Rooney Duncan (TN) Latta Gibson Marino Scalise Ackerman Green, Al Neal Ellmers Lewis (CA) Ros-Lehtinen Gingrey (GA) Matheson Schilling Andrews Grijalva Olver Emerson Lipinski Roskam Gohmert McCarthy (CA) Schmidt Baca Gutierrez Pallone Farenthold LoBiondo Ross (AR) Goodlatte McCaul Schock Baldwin Hahn Fincher Long Ross (FL) Pascrell Gosar McClintock Schrader Bass (CA) Hanabusa Fitzpatrick Lucas Royce Pastor (AZ) Gowdy McCotter Schweikert Becerra Hastings (FL) Flake Luetkemeyer Runyan Payne Granger McHenry Scott (SC) Berkley Heinrich Fleischmann Lummis Ryan (WI) Pelosi Graves (GA) McKeon Scott, Austin Berman Higgins Fleming Lungren, Daniel Scalise Peters Graves (MO) McKinley Sensenbrenner Bishop (GA) Himes Flores E. Schilling Pingree (ME) Green, Gene McMorris Sessions Bishop (NY) Hinchey Forbes Mack Schmidt Price (NC) Griffin (AR) Rodgers Shimkus Blumenauer Hinojosa Fortenberry Manzullo Schock Quigley Grimm Meehan Shuster Boswell Hirono Foxx Marchant Schweikert Rangel Guinta Mica Simpson Brady (PA) Hochul Franks (AZ) Marino Scott (SC) Reyes Guthrie Miller (FL) Smith (NE) Braley (IA) Holt Frelinghuysen Matheson Scott, Austin Richardson Hall Miller (MI) Smith (NJ) Brown (FL) Honda Gallegly McCarthy (CA) Sensenbrenner Hanna Miller, Gary Smith (TX) Butterfield Hoyer Richmond Gardner McCaul Sessions Harper Mulvaney Southerland Capps Inslee Rothman (NJ) Garrett McClintock Harris Murphy (PA) Stearns Shimkus Capuano Israel Roybal-Allard Gerlach McCotter Hartzler Myrick Stivers Shuster Carnahan Jackson (IL) Ruppersberger Gibbs McHenry Hastings (WA) Neugebauer Stutzman Simpson Carney Jackson Lee Rush Gibson McKeon Hayworth Noem Sullivan Smith (NE) Carson (IN) (TX) Ryan (OH) Gingrey (GA) McKinley Heck Nugent Terry Smith (NJ) Castor (FL) Johnson (GA) Sa´ nchez, Linda Gohmert McMorris Hensarling Nunes Thompson (PA) Smith (TX) Chandler Johnson, E. B. T. Goodlatte Rodgers Herger Nunnelee Thornberry Southerland Chu Kaptur Sanchez, Loretta Gosar Meehan Herrera Beutler Olson Tiberi Stearns Cicilline Keating Sarbanes Gowdy Mica Holden Owens Tipton Stivers Clarke (MI) Kildee Schakowsky Granger Miller (FL) Huelskamp Palazzo Turner (NY) Stutzman Clarke (NY) Kind Schiff Graves (GA) Miller (MI) Huizenga (MI) Paul Turner (OH) Sullivan Clay Kissell Schwartz Graves (MO) Miller, Gary Hultgren Paulsen Upton Terry Cleaver Kucinich Griffin (AR) Mulvaney Scott (VA) Hunter Pearce Walberg Thompson (PA) Clyburn Langevin Griffith (VA) Murphy (PA) Scott, David Hurt Pence Walden Thornberry Cohen Larsen (WA) Grimm Myrick Serrano Issa Peterson Walsh (IL) Tiberi Connolly (VA) Lee (CA) Guinta Neugebauer Sewell Jenkins Petri Webster Tipton Conyers Levin Guthrie Noem Sherman Johnson (IL) Pitts West Turner (NY) Cooper Lewis (GA) Hall Nugent Shuler Johnson (OH) Platts Westmoreland Turner (OH) Courtney Lipinski Hanna Nunes Sires Johnson, Sam Poe (TX) Whitfield Upton Crowley Loebsack Harper Nunnelee Slaughter Jones Pompeo Wilson (SC) Cummings Lofgren, Zoe Harris Olson Walberg Smith (WA) Jordan Posey Wittman Davis (CA) Lowey Hartzler Owens Walden Speier Kelly Price (GA) Wolf Davis (IL) Luja´ n Hastings (WA) Palazzo Walsh (IL) Stark King (IA) Quayle Womack DeFazio Lynch Hayworth Paul Webster King (NY) Rahall Woodall DeGette Markey Thompson (CA) Heck Paulsen West Kingston Reed Yoder DeLauro Matsui Tierney Hensarling Pearce Westmoreland Kinzinger (IL) Rehberg Young (AK) Dicks McCarthy (NY) Tonko Herger Pence Whitfield Kline Reichert Young (FL) Dingell McCollum Towns Herrera Beutler Perlmutter Wilson (SC) Labrador Renacci Young (IN) Doggett McDermott Tsongas Hochul Peterson Wittman Doyle McGovern Van Hollen Holden Petri Wolf NOT VOTING—14 Edwards McIntyre Vela´ zquez Huelskamp Pitts Womack Bachmann Giffords Polis Ellison McNerney Visclosky Huizenga (MI) Platts Woodall Boren Griffith (VA) Engel Meeks Walz (MN) Sutton Hultgren Poe (TX) Young (AK) Deutch Larson (CT) Eshoo Michaud Wasserman Thompson (MS) Hunter Pompeo Young (FL) Emerson Maloney Farr Miller (NC) Schultz Wilson (FL) Hurt Posey Young (IN) Franks (AZ) Perlmutter Fattah Miller, George Waters NOT VOTING—10 Filner Moore Watt b 1833 Frank (MA) Moran Waxman Bachmann Maloney Wilson (FL) Fudge Murphy (CT) Welch So the amendment was rejected. Boren Polis Yoder Garamendi Nadler Woolsey The result of the vote was announced Giffords Sutton Gonzalez Napolitano Yarmuth Larson (CT) Thompson (MS) as above recorded. NOES—253 AMENDMENT NO. 4 OFFERED BY MS. JACKSON ANNOUNCEMENT BY THE ACTING CHAIR LEE OF TEXAS The Acting CHAIR (during the vote). Adams Bonner Coble Aderholt Bono Mack Coffman (CO) The Acting CHAIR. The unfinished One minute remains in this vote. Akin Boustany Cole business is the demand for a recorded Alexander Brady (TX) Conaway vote on the amendment offered by the b 1830 Altmire Brooks Costa gentlewoman from Texas (Ms. JACKSON So the amendment was rejected. Amash Broun (GA) Costello Amodei Buchanan Cravaack LEE) on which further proceedings were The result of the vote was announced Austria Bucshon Crawford postponed and on which the noes pre- as above recorded. Bachus Buerkle Crenshaw vailed by voice vote. AMENDMENT NO. 21 OFFERED BY MR. PALLONE Barletta Burgess Critz Barrow Burton (IN) Cuellar The Clerk will redesignate the The Acting CHAIR. The unfinished Bartlett Calvert Culberson amendment. business is the demand for a recorded Barton (TX) Camp Davis (KY) The Clerk redesignated the amend- vote on the amendment offered by the Bass (NH) Campbell Denham ment. Benishek Canseco Dent gentleman from New Jersey (Mr. PAL- Berg Cantor DesJarlais RECORDED VOTE LONE) on which further proceedings Biggert Capito Diaz-Balart The Acting CHAIR. A recorded vote were postponed and on which the noes Bilbray Cardoza Dold has been demanded. prevailed by voice vote. Bilirakis Carter Donnelly (IN) Bishop (UT) Cassidy Dreier A recorded vote was ordered. The Clerk will redesignate the Black Chabot Duffy The Acting CHAIR. This is a 2- amendment. Blackburn Chaffetz Duncan (SC) minute vote.

VerDate Mar 15 2010 03:48 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A05OC7.027 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6610 CONGRESSIONAL RECORD — HOUSE October 5, 2011 The vote was taken by electronic de- Hanna McClintock Ros-Lehtinen [Roll No. 755] Harper McCotter Roskam vice, and there were—ayes 162, noes 262, Harris McHenry Ross (AR) AYES—175 not voting 9, as follows: Hartzler McKeon Ross (FL) Ackerman Gonzalez Napolitano [Roll No. 754] Hastings (WA) McKinley Royce Andrews Green, Al Neal Hayworth McMorris Runyan Baca Green, Gene Olver AYES—162 Heck Rodgers Ryan (WI) Baldwin Grijalva Pallone Hensarling Meehan Scalise Ackerman Green, Al Napolitano Bass (CA) Gutierrez Pascrell Herger Mica Schilling Andrews Grijalva Neal Becerra Hahn Pastor (AZ) Herrera Beutler Miller (FL) Schmidt Baca Gutierrez Olver Berkley Hanabusa Payne Hochul Baldwin Hahn Pallone Miller (MI) Schock Berman Hastings (FL) Holden Pelosi Bass (CA) Hanabusa Pascrell Miller, Gary Schrader Bishop (GA) Heinrich Huelskamp Perlmutter Becerra Hastings (FL) Pastor (AZ) Mulvaney Schweikert Bishop (NY) Higgins Huizenga (MI) Peters Berkley Heinrich Payne Murphy (PA) Scott (SC) Blumenauer Himes Hultgren Pingree (ME) Berman Higgins Pelosi Myrick Scott, Austin Boswell Hinchey Hunter Price (NC) Bishop (NY) Himes Peters Neugebauer Sensenbrenner Brady (PA) Hinojosa Hurt Quigley Blumenauer Hinchey Pingree (ME) Noem Sessions Braley (IA) Hirono Issa Rangel Boswell Hinojosa Price (NC) Nugent Shimkus Brown (FL) Hochul Jenkins Reyes Brady (PA) Hirono Quigley Nunes Shuler Butterfield Holden Johnson (OH) Richardson Braley (IA) Holt Rangel Nunnelee Shuster Capps Holt Johnson, Sam Richmond Brown (FL) Honda Reyes Olson Simpson Capuano Honda Jordan Butterfield Hoyer Richardson Owens Smith (NE) Carnahan Hoyer Rothman (NJ) Kelly Capps Inslee Richmond Palazzo Smith (NJ) Carney Inslee Roybal-Allard Kind Capuano Israel Rothman (NJ) Paul Smith (TX) Carson (IN) Israel Ruppersberger King (IA) Carnahan Jackson (IL) Roybal-Allard Paulsen Southerland Castor (FL) Jackson (IL) Rush King (NY) Carney Jackson Lee Ruppersberger Pearce Stearns Chandler Jackson Lee Ryan (OH) Kingston Carson (IN) (TX) Rush Pence Stivers Chu (TX) Sa´ nchez, Linda Kinzinger (IL) Castor (FL) Johnson (GA) Ryan (OH) Perlmutter Stutzman Cicilline Johnson (GA) T. Kissell Chu Johnson (IL) Sa´ nchez, Linda Peterson Sullivan Clarke (MI) Johnson, E. B. Sanchez, Loretta Kline Cicilline Johnson, E. B. T. Petri Terry Clarke (NY) Jones Sarbanes Labrador Clarke (MI) Jones Sanchez, Loretta Pitts Thompson (PA) Clay Kaptur Schakowsky Lamborn Clarke (NY) Kaptur Sarbanes Platts Thornberry Cleaver Keating Schiff Lance Poe (TX) Tiberi Clay Keating Schakowsky Clyburn Kildee Schrader Landry Pompeo Tipton Cleaver Kildee Schiff Cohen Kind Schwartz Lankford Posey Turner (NY) Clyburn Kucinich Schwartz Connolly (VA) Kissell Scott (VA) Latham Cohen Langevin Scott (VA) Price (GA) Turner (OH) Conyers Kucinich LaTourette Scott, David Connolly (VA) Larsen (WA) Scott, David Quayle Upton Cooper Langevin Latta Serrano Conyers Lee (CA) Serrano Rahall Walberg Costello Larsen (WA) Lewis (CA) Sewell Cooper Levin Sewell Reed Walden Courtney Lee (CA) LoBiondo Sherman Courtney Lewis (GA) Sherman Rehberg Walsh (IL) Crowley Levin Long Shuler Crowley Lipinski Sires Reichert Webster Cuellar Lewis (GA) Lucas Sires Cummings Loebsack Slaughter Renacci West Cummings Lipinski Luetkemeyer Slaughter Davis (CA) Lofgren, Zoe Smith (WA) Ribble Westmoreland Davis (CA) Loebsack Lummis Smith (WA) Davis (IL) Lowey Speier Rigell Whitfield Davis (IL) Lofgren, Zoe Lungren, Daniel Speier DeFazio Luja´ n Stark Rivera Wilson (SC) DeFazio Lowey E. Stark DeGette Lynch Thompson (CA) Roby Wittman DeGette Luja´ n Mack Thompson (CA) DeLauro Markey Tierney Roe (TN) Wolf DeLauro Lynch Manzullo Tierney Deutch Matsui Tonko Rogers (AL) Womack Deutch Markey Marchant Tonko Dicks McCarthy (NY) Towns Rogers (KY) Woodall Dicks Matsui Marino Towns Dingell McCollum Tsongas Rogers (MI) Yoder Dingell McCarthy (NY) Matheson Tsongas Doggett McDermott Van Hollen Rohrabacher Young (AK) Doggett McCollum McCarthy (CA) Van Hollen Doyle McGovern Vela´ zquez Rokita Young (FL) Doyle McDermott McCaul ´ Edwards McIntyre Visclosky Rooney Young (IN) Edwards McGovern Velazquez Visclosky Ellison McNerney Walz (MN) NOT VOTING—9 Ellison McIntyre Engel Meeks Wasserman Engel McNerney Walz (MN) Eshoo Michaud Schultz Bachmann Larson (CT) Sutton Eshoo Meeks Wasserman Farr Miller (NC) Waters Boren Maloney Thompson (MS) Farr Michaud Schultz Fattah Miller, George Watt Giffords Polis Wilson (FL) Fattah Miller (NC) Waters Filner Moore Waxman Filner Miller, George Watt Frank (MA) Moran Welch ANNOUNCEMENT BY THE ACTING CHAIR Frank (MA) Moore Waxman Fudge Murphy (CT) Woolsey The Acting CHAIR (during the vote). Fudge Moran Welch Garamendi Nadler Yarmuth Garamendi Murphy (CT) Woolsey There is 1 minute remaining in this Gibson Nadler Yarmuth NOES—262 vote. Adams Camp Emerson NOES—248 Aderholt Campbell Farenthold b 1837 Adams Camp Fincher Akin Canseco Fincher Aderholt Campbell Fitzpatrick Alexander Cantor Fitzpatrick So the amendment was rejected. Akin Canseco Flake Altmire Capito Flake The result of the vote was announced Alexander Cantor Fleischmann Amash Cardoza Fleischmann Altmire Capito Fleming Amodei Carter Fleming as above recorded. Amash Cardoza Flores Austria Cassidy Flores AMENDMENT NO. 8 OFFERED BY MR. QUIGLEY Amodei Carter Forbes Bachus Chabot Forbes Austria Cassidy Fortenberry Barletta Chaffetz Fortenberry The Acting CHAIR. The unfinished Bachus Chabot Foxx Barrow Chandler Foxx business is the demand for a recorded Barletta Chaffetz Franks (AZ) Bartlett Coble Franks (AZ) vote on the amendment offered by the Barrow Coble Frelinghuysen Barton (TX) Coffman (CO) Frelinghuysen Bartlett Coffman (CO) Gallegly Bass (NH) Cole Gallegly gentleman from Illinois (Mr. QUIGLEY) Barton (TX) Cole Gardner Benishek Conaway Gardner on which further proceedings were Bass (NH) Conaway Garrett Berg Costa Garrett postponed and on which the noes pre- Benishek Costa Gerlach Biggert Costello Gerlach vailed by voice vote. Berg Cravaack Gibbs Bilbray Cravaack Gibbs Biggert Crawford Gingrey (GA) Bilirakis Crawford Gibson The Clerk will redesignate the Bilbray Crenshaw Goodlatte Bishop (GA) Crenshaw Gingrey (GA) amendment. Bilirakis Critz Gosar Bishop (UT) Critz Gohmert The Clerk redesignated the amend- Bishop (UT) Culberson Gowdy Black Cuellar Gonzalez Black Davis (KY) Granger Blackburn Culberson Goodlatte ment. Blackburn Denham Graves (GA) Bonner Davis (KY) Gosar RECORDED VOTE Bonner Dent Graves (MO) Bono Mack Denham Gowdy Bono Mack DesJarlais Griffin (AR) Boustany Dent Granger The Acting CHAIR. A recorded vote Boustany Diaz-Balart Griffith (VA) Brady (TX) DesJarlais Graves (GA) has been demanded. Brady (TX) Dold Grimm Brooks Diaz-Balart Graves (MO) A recorded vote was ordered. Brooks Donnelly (IN) Guinta Broun (GA) Dold Green, Gene Broun (GA) Dreier Guthrie Buchanan Donnelly (IN) Griffin (AR) The Acting CHAIR. This is a 2- Buchanan Duffy Hall Bucshon Dreier Griffith (VA) minute vote. Bucshon Duncan (SC) Hanna Buerkle Duffy Grimm The vote was taken by electronic de- Buerkle Duncan (TN) Harper Burgess Duncan (SC) Guinta Burgess Ellmers Harris Burton (IN) Duncan (TN) Guthrie vice, and there were—ayes 175, noes 248, Burton (IN) Emerson Hartzler Calvert Ellmers Hall not voting 10, as follows: Calvert Farenthold Hastings (WA)

VerDate Mar 15 2010 03:48 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.132 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6611 Hayworth McMorris Ross (FL) [Roll No. 756] Hastings (WA) McMorris Ross (FL) Heck Rodgers Royce Hayworth Rodgers Royce Hensarling Meehan Runyan AYES—176 Heck Meehan Runyan Herger Mica Ryan (WI) Ackerman Gonzalez Nadler Hensarling Mica Ryan (WI) Herrera Beutler Miller (FL) Scalise Andrews Green, Al Napolitano Herger Miller (FL) Scalise Huelskamp Miller (MI) Schilling Baca Green, Gene Neal Herrera Beutler Miller (MI) Schilling Huizenga (MI) Miller, Gary Schmidt Baldwin Grijalva Olver Huelskamp Miller, Gary Schmidt Hultgren Mulvaney Schock Bass (CA) Gutierrez Pallone Huizenga (MI) Mulvaney Schock Hunter Murphy (PA) Hultgren Schweikert Becerra Hahn Pascrell Murphy (PA) Schweikert Hurt Myrick Hunter Myrick Scott (SC) Berkley Hanabusa Pastor (AZ) Scott (SC) Issa Neugebauer Hurt Neugebauer Scott, Austin Berman Hastings (FL) Payne Scott, Austin Jenkins Noem Issa Noem Sensenbrenner Bishop (GA) Heinrich Pelosi Sensenbrenner Johnson (IL) Nugent Jenkins Nugent Sessions Bishop (NY) Higgins Perlmutter Sessions Johnson (OH) Nunes Johnson (OH) Nunes Shimkus Blumenauer Himes Peters Shimkus Johnson, Sam Nunnelee Johnson, Sam Nunnelee Shuster Boswell Hinchey Pingree (ME) Shuster Jordan Olson Brady (PA) Hinojosa Jordan Olson Kelly Owens Simpson Price (NC) Kelly Owens Simpson Smith (NE) Braley (IA) Hirono Quigley Smith (NE) King (IA) Palazzo Brown (FL) Hochul King (IA) Palazzo Smith (NJ) Rangel Smith (NJ) King (NY) Paul Butterfield Holden King (NY) Paul Smith (TX) Reyes Smith (TX) Kingston Paulsen Capps Holt Kingston Paulsen Southerland Richardson Southerland Kinzinger (IL) Pearce Capuano Honda Kinzinger (IL) Pearce Richmond Kline Pence Stearns Carnahan Hoyer Kline Pence Stearns Rothman (NJ) Labrador Peterson Stivers Carney Inslee Labrador Peterson Stivers Roybal-Allard Lamborn Petri Stutzman Carson (IN) Israel Lamborn Petri Stutzman Ruppersberger Lance Pitts Sullivan Castor (FL) Jackson (IL) Lance Pitts Sullivan Rush Landry Platts Terry Chandler Jackson Lee Landry Platts Terry Ryan (OH) Lankford Poe (TX) Thompson (PA) Chu (TX) Lankford Poe (TX) Thompson (PA) Sa´ nchez, Linda Latham Pompeo Thornberry Cicilline Johnson (GA) Latham Pompeo Thornberry T. LaTourette Posey Tiberi Clarke (MI) Johnson (IL) LaTourette Posey Tiberi Sanchez, Loretta Latta Price (GA) Tipton Clarke (NY) Johnson, E. B. Latta Price (GA) Tipton Sarbanes Lewis (CA) Quayle Turner (NY) Clay Jones Lewis (CA) Quayle Turner (NY) Schakowsky LoBiondo Rahall Turner (OH) Cleaver Kaptur LoBiondo Rahall Turner (OH) Schiff Long Reed Upton Clyburn Keating Long Reed Upton Schrader Lucas Rehberg Walberg Cohen Kildee Lucas Rehberg Walberg Schwartz Luetkemeyer Reichert Walden Connolly (VA) Kind Luetkemeyer Reichert Walden Lummis Renacci Scott (VA) Lummis Renacci Walsh (IL) Conyers Kissell Walsh (IL) Lungren, Daniel Ribble Scott, David Lungren, Daniel Ribble Webster Cooper Kucinich Webster E. Rigell Serrano E. Rigell West Costello Langevin West Mack Rivera Sewell Mack Rivera Westmoreland Courtney Larsen (WA) Westmoreland Manzullo Roby Crowley Lee (CA) Sherman Manzullo Roby Marchant Roe (TN) Whitfield Shuler Marchant Roe (TN) Whitfield Wilson (SC) Cuellar Levin Wilson (SC) Marino Rogers (AL) Cummings Lewis (GA) Sires Marino Rogers (AL) Wittman Wittman Matheson Rogers (KY) Davis (CA) Lipinski Slaughter Matheson Rogers (KY) Wolf Wolf McCarthy (CA) Rogers (MI) Davis (IL) Loebsack Smith (WA) McCarthy (CA) Rogers (MI) Womack Womack McCaul Rohrabacher DeFazio Lofgren, Zoe Speier McCaul Rohrabacher Woodall Woodall McClintock Rokita DeGette Lowey Stark McClintock Rokita McCotter Rooney Yoder DeLauro Luja´ n Thompson (CA) McCotter Rooney Yoder McHenry Ros-Lehtinen Young (AK) Deutch Lynch Tierney McHenry Ros-Lehtinen Young (AK) McKeon Roskam Young (FL) Dicks Markey Tonko McKeon Roskam Young (FL) McKinley Ross (AR) Young (IN) Dingell Matsui Towns McKinley Ross (AR) Young (IN) Doggett McCarthy (NY) Tsongas NOT VOTING—10 Doyle McCollum Van Hollen NOT VOTING—9 Bachmann Larson (CT) Thompson (MS) Edwards McDermott Vela´ zquez Bachmann Larson (CT) Sutton Boren Maloney Wilson (FL) Ellison McGovern Visclosky Boren Maloney Thompson (MS) Giffords Polis Engel McIntyre Walz (MN) Giffords Polis Wilson (FL) Gohmert Sutton Eshoo McNerney Wasserman Farr Meeks Schultz ANNOUNCEMENT BY THE ACTING CHAIR ANNOUNCEMENT BY THE ACTING CHAIR Fattah Michaud Waters Filner Miller (NC) Watt The Acting CHAIR (during the vote). The Acting CHAIR (during the vote). Frank (MA) Miller, George Waxman There is 1 minute remaining in this One minute remains in this vote. Fudge Moore Welch vote. Garamendi Moran Woolsey Gibson Murphy (CT) Yarmuth b 1840 b 1846 NOES—248 So the amendment was rejected. Adams Camp Fincher So the amendment was rejected. The result of the vote was announced Aderholt Campbell Fitzpatrick The result of the vote was announced as above recorded. Akin Canseco Flake Alexander Cantor Fleischmann as above recorded. AMENDMENT NO. 18 OFFERED BY MR. CONNOLLY Altmire Capito Fleming AMENDMENT NO. 20 OFFERED BY MR. WELCH OF VIRGINIA Amash Cardoza Flores Amodei Carter Forbes The Acting CHAIR. The unfinished The Acting CHAIR. The unfinished Austria Cassidy Fortenberry business is the demand for a recorded Bachus Chabot Foxx business is the demand for a recorded vote on the amendment offered by the Barletta Chaffetz Franks (AZ) vote on the amendment offered by the Barrow Coble Frelinghuysen gentleman from Virginia (Mr. CON- gentleman from Vermont (Mr. WELCH) Bartlett Coffman (CO) Gallegly on which further proceedings were NOLLY) on which further proceedings Barton (TX) Cole Gardner were postponed and on which the noes Bass (NH) Conaway Garrett postponed and on which the ayes pre- prevailed by voice vote. Benishek Costa Gerlach vailed by voice vote. Berg Cravaack Gibbs The Clerk will redesignate the Biggert Crawford Gingrey (GA) The Clerk will redesignate the amendment. Bilbray Crenshaw Gohmert amendment. Bilirakis Critz Goodlatte The Clerk redesignated the amend- The Clerk redesignated the amend- Bishop (UT) Culberson Gosar ment. Black Davis (KY) Gowdy ment. Blackburn Denham Granger RECORDED VOTE RECORDED VOTE Bonner Dent Graves (GA) The Acting CHAIR. A recorded vote Bono Mack DesJarlais Graves (MO) The Acting CHAIR. A recorded vote Boustany Diaz-Balart Griffin (AR) has been demanded. has been demanded. Brady (TX) Dold Griffith (VA) A recorded vote was ordered. Brooks Donnelly (IN) Grimm A recorded vote was ordered. Broun (GA) Dreier Guinta The Acting CHAIR. This is a 2- Buchanan Duffy Guthrie The Acting CHAIR. This is a 2- minute vote. Bucshon Duncan (SC) Hall minute vote. The vote was taken by electronic de- Buerkle Duncan (TN) Hanna The vote was taken by electronic de- Burgess Ellmers Harper vice, and there were—ayes 176, noes 248, Burton (IN) Emerson Harris vice, and there were—ayes 174, noes 249, not voting 9, as follows: Calvert Farenthold Hartzler not voting 10, as follows:

VerDate Mar 15 2010 03:48 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A05OC7.055 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6612 CONGRESSIONAL RECORD — HOUSE October 5, 2011 [Roll No. 757] Heck McKinley Roskam [Roll No. 758] Hensarling McMorris Ross (AR) AYES—174 Herger Rodgers Ross (FL) AYES—167 Ackerman Gonzalez Neal Herrera Beutler Meehan Royce Ackerman Green, Al Napolitano Andrews Green, Al Olver Hochul Mica Runyan Andrews Grijalva Neal Baca Grijalva Pallone Huelskamp Miller (FL) Ryan (WI) Baca Gutierrez Olver Baldwin Gutierrez Pascrell Huizenga (MI) Miller (MI) Scalise Baldwin Hahn Pallone Bass (CA) Hahn Pastor (AZ) Hultgren Miller, Gary Schilling Bass (CA) Hanabusa Pascrell Hunter Becerra Hanabusa Payne Mulvaney Schmidt Becerra Hastings (FL) Pastor (AZ) Hurt Murphy (PA) Berkley Hastings (FL) Pelosi Schock Berkley Heinrich Payne Issa Myrick Berman Heinrich Peters Schweikert Berman Higgins Pelosi Jenkins Neugebauer Bishop (GA) Higgins Pingree (ME) Scott (SC) Bishop (GA) Himes Peters Johnson (IL) Noem Bishop (NY) Himes Price (NC) Scott, Austin Bishop (NY) Hinchey Pingree (ME) Johnson (OH) Nugent Blumenauer Hinchey Quigley Sensenbrenner Blumenauer Hinojosa Price (NC) Boswell Hinojosa Rangel Johnson, Sam Nunes Sessions Boswell Hirono Jordan Nunnelee Quigley Brady (PA) Hirono Reichert Shimkus Brady (PA) Holden Kelly Olson Rangel Braley (IA) Holden Reyes Shuster Braley (IA) Holt King (IA) Owens Reyes Brown (FL) Holt Richardson Simpson Brown (FL) Honda Richardson Butterfield Honda King (NY) Palazzo Butterfield Hoyer Richmond Smith (NE) Richmond Capps Hoyer Rothman (NJ) Kingston Paul Capps Inslee Smith (TX) Rothman (NJ) Capuano Inslee Roybal-Allard Kinzinger (IL) Paulsen Capuano Israel Southerland Roybal-Allard Cardoza Israel Ruppersberger Kline Pearce Carnahan Jackson (IL) Stearns Ruppersberger Carnahan Jackson (IL) Rush Labrador Pence Carney Jackson Lee Stivers Rush Carney Jackson Lee Ryan (OH) Lamborn Perlmutter Carson (IN) (TX) Stutzman Ryan (OH) Carson (IN) (TX) Sa´ nchez, Linda Lance Peterson Castor (FL) Johnson (GA) Sullivan Sa´ nchez, Linda Castor (FL) Johnson (GA) T. Landry Petri Chu Johnson (IL) Terry T. Chandler Johnson, E. B. Sanchez, Loretta Lankford Pitts Cicilline Johnson, E. B. Thompson (PA) Sanchez, Loretta Chu Jones Sarbanes Latham Platts Clarke (MI) Kaptur Thornberry Sarbanes Cicilline Kaptur Schakowsky LaTourette Poe (TX) Clarke (NY) Keating Tiberi Clarke (MI) Keating Schiff Latta Pompeo Clay Kildee Schakowsky Tipton Clarke (NY) Kildee Schrader Lewis (CA) Posey Cleaver Kind Schiff Turner (NY) Clay Kind Schwartz LoBiondo Price (GA) Clyburn Kissell Schwartz Turner (OH) Cleaver Kissell Scott (VA) Long Quayle Cohen Kucinich Scott (VA) Upton Clyburn Kucinich Scott, David Lucas Rahall Connolly (VA) Langevin Scott, David Walberg Cohen Langevin Serrano Luetkemeyer Reed Conyers Larsen (WA) Serrano Walden Connolly (VA) Larsen (WA) Sewell Lummis Rehberg Cooper Lee (CA) Sewell Walsh (IL) Conyers Lee (CA) Sherman Lungren, Daniel Renacci Costello Levin Sherman Webster Cooper Levin Shuler E. Ribble Courtney Lewis (GA) Shuler Costello Lewis (GA) Sires Mack Rigell West Crowley Lipinski Sires Courtney Lipinski Slaughter Manzullo Rivera Westmoreland Cummings Loebsack Slaughter Crowley Loebsack Smith (NJ) Marchant Roby Whitfield Davis (CA) Lofgren, Zoe Smith (WA) Cuellar Lofgren, Zoe Smith (WA) Marino Roe (TN) Wilson (SC) Davis (IL) Lowey Speier Cummings Lowey Speier Matheson Rogers (AL) Wittman DeFazio Luja´ n Stark Davis (CA) Luja´ n Stark McCarthy (CA) Rogers (KY) Womack DeGette Lynch Thompson (CA) Davis (IL) Lynch Thompson (CA) McCaul Rogers (MI) Woodall DeLauro Markey Tierney DeFazio Markey Tierney McClintock Rohrabacher Yoder Deutch Matsui Tonko DeGette Matsui Tonko McCotter Rokita Young (AK) Dingell McCarthy (NY) Towns DeLauro McCarthy (NY) Towns McHenry Rooney Young (FL) Doggett McCollum Tsongas Deutch McCollum Tsongas McKeon Ros-Lehtinen Young (IN) Doyle McDermott Van Hollen Dingell McDermott Van Hollen Edwards McGovern Vela´ zquez Doggett McGovern Vela´ zquez NOT VOTING—10 Ellison McIntyre Visclosky Doyle McIntyre Visclosky Bachmann Larson (CT) Thompson (MS) Engel McNerney Walz (MN) Edwards McNerney Walz (MN) Boren Maloney Wilson (FL) Eshoo Meeks Wasserman Ellison Meeks Wasserman Dicks Polis Farr Michaud Schultz Engel Michaud Schultz Giffords Sutton Fattah Miller (NC) Waters Eshoo Miller (NC) Waters Filner Miller, George Watt Farr Miller, George Watt ANNOUNCEMENT BY THE ACTING CHAIR Frank (MA) Moore Waxman Fattah Moore Waxman Fudge Moran Welch Filner Moran Welch The Acting CHAIR (during the vote). Garamendi Murphy (CT) Woolsey Frank (MA) Murphy (CT) Wolf There is 1 minute remaining in this Gonzalez Nadler Yarmuth Fudge Nadler Woolsey vote. Garamendi Napolitano Yarmuth NOES—256 Adams Cantor Fleming NOES—249 b 1850 Aderholt Capito Flores Adams Campbell Fleischmann Akin Cardoza Forbes Aderholt Canseco Fleming So the amendment was rejected. Alexander Carter Fortenberry Akin Cantor Flores Altmire Cassidy Foxx Alexander Capito Forbes The result of the vote was announced Amash Chabot Franks (AZ) Altmire Carter Fortenberry as above recorded. Amodei Chaffetz Frelinghuysen Amash Cassidy Foxx Austria Chandler Gallegly Amodei Chabot Franks (AZ) AMENDMENT NO. 2 OFFERED BY MS. MOORE Bachus Coble Gardner Austria Chaffetz Frelinghuysen The Acting CHAIR. The unfinished Barletta Coffman (CO) Garrett Bachus Coble Gallegly Barrow Cole Gerlach Barletta Coffman (CO) Gardner business is the demand for a recorded Bartlett Conaway Gibbs Barrow Cole Garrett vote on the amendment offered by the Barton (TX) Costa Gibson Bartlett Conaway Gerlach gentlewoman from Wisconsin (Ms. Bass (NH) Cravaack Gingrey (GA) Barton (TX) Costa Gibbs MOORE) on which further proceedings Benishek Crawford Gohmert Bass (NH) Cravaack Gibson Berg Crenshaw Goodlatte Benishek Crawford Gingrey (GA) were postponed and on which the noes Biggert Critz Gosar Berg Crenshaw Gohmert prevailed by voice vote. Bilbray Cuellar Gowdy Biggert Critz Goodlatte Bilirakis Culberson Granger Bilbray Culberson Gosar The Clerk will redesignate the Bishop (UT) Davis (KY) Graves (GA) Bilirakis Davis (KY) Gowdy amendment. Black Denham Graves (MO) Bishop (UT) Denham Granger The Clerk redesignated the amend- Blackburn Dent Green, Gene Black Dent Graves (GA) Bonner DesJarlais Griffin (AR) Blackburn DesJarlais Graves (MO) ment. Bono Mack Diaz-Balart Griffith (VA) Bonner Diaz-Balart Green, Gene Boustany Dold Grimm RECORDED VOTE Bono Mack Dold Griffin (AR) Brady (TX) Donnelly (IN) Guinta Boustany Donnelly (IN) Griffith (VA) The Acting CHAIR. A recorded vote Brooks Dreier Guthrie Brady (TX) Dreier Grimm has been demanded. Broun (GA) Duffy Hall Brooks Duffy Guinta Buchanan Duncan (SC) Hanna Broun (GA) Duncan (SC) Guthrie A recorded vote was ordered. Bucshon Duncan (TN) Harper Buchanan Duncan (TN) Hall Buerkle Ellmers Harris Bucshon Ellmers Hanna The Acting CHAIR. This is a 2- Burgess Emerson Hartzler Buerkle Emerson Harper minute vote. Burton (IN) Farenthold Hastings (WA) Burgess Farenthold Harris The vote was taken by electronic de- Calvert Fincher Hayworth Burton (IN) Fincher Hartzler Camp Fitzpatrick Heck Calvert Fitzpatrick Hastings (WA) vice, and there were—ayes 167, noes 256, Campbell Flake Hensarling Camp Flake Hayworth not voting 10, as follows: Canseco Fleischmann Herger

VerDate Mar 15 2010 03:48 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A05OC7.033 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6613 Herrera Beutler Meehan Ross (FL) Bishop (NY) Hahn Olver Labrador Olson Schock Hochul Mica Royce Blumenauer Hanabusa Pallone Lamborn Owens Schrader Huelskamp Miller (FL) Runyan Boswell Hastings (FL) Pascrell Lance Palazzo Schweikert Huizenga (MI) Miller (MI) Ryan (WI) Brady (PA) Heinrich Pastor (AZ) Landry Paul Scott (SC) Hultgren Miller, Gary Scalise Braley (IA) Higgins Payne Lankford Paulsen Scott, Austin Hunter Mulvaney Schilling Brown (FL) Himes Pelosi Latham Pearce Sensenbrenner Hurt Murphy (PA) Schmidt Butterfield Hinchey Peters LaTourette Pence Sessions Issa Myrick Schock Capps Hinojosa Pingree (ME) Latta Perlmutter Shimkus Jenkins Neugebauer Schrader Capuano Hirono Price (NC) Lewis (CA) Peterson Shuster Johnson (OH) Noem Schweikert Carnahan Holden Quigley LoBiondo Petri Simpson Johnson, Sam Nugent Scott (SC) Carney Holt Rangel Long Pitts Smith (NE) Jones Nunes Scott, Austin Carson (IN) Honda Reyes Lucas Platts Smith (NJ) Jordan Nunnelee Sensenbrenner Castor (FL) Hoyer Richardson Luetkemeyer Poe (TX) Smith (TX) Kelly Olson Sessions Chandler Inslee Richmond Lummis Pompeo Southerland King (IA) Owens Shimkus Chu Israel Rothman (NJ) Lungren, Daniel Posey Stearns King (NY) Palazzo Shuster E. Price (GA) Cicilline Jackson (IL) Roybal-Allard Stivers Kingston Paul Simpson Mack Quayle Clarke (MI) Jackson Lee Ruppersberger Stutzman Kinzinger (IL) Paulsen Smith (NE) Clarke (NY) (TX) Manzullo Rahall Rush Sullivan Kline Pearce Smith (NJ) Clay Johnson (GA) Marchant Reed Ryan (OH) Terry Labrador Pence Smith (TX) Cleaver Johnson, E. B. Marino Rehberg Sa´ nchez, Linda Thompson (PA) Lamborn Perlmutter Southerland Clyburn Jones Matheson Reichert T. Thornberry Lance Peterson Stearns Cohen Kaptur McCarthy (CA) Renacci Sanchez, Loretta Tiberi Landry Petri Stivers Connolly (VA) Keating McCaul Ribble Sarbanes Lankford Pitts Stutzman Conyers Kildee McClintock Rigell Tipton Latham Platts Sullivan Cooper Kind Schakowsky McCotter Rivera Turner (NY) LaTourette Poe (TX) Terry Costello Kucinich Schiff McHenry Roby Turner (OH) Latta Pompeo Thompson (PA) Courtney Langevin Schwartz McKeon Roe (TN) Upton Lewis (CA) Posey Thornberry Crowley Larsen (WA) Scott (VA) McKinley Rogers (AL) Walberg LoBiondo Price (GA) Tiberi Cuellar Lee (CA) Scott, David McMorris Rogers (KY) Walden Long Quayle Tipton Cummings Levin Serrano Rodgers Rogers (MI) Walsh (IL) Lucas Rahall Turner (NY) Davis (CA) Lewis (GA) Sewell Meehan Rohrabacher Webster Luetkemeyer Reed Turner (OH) Davis (IL) Lipinski Sherman Mica Rokita West Lummis Rehberg Upton DeFazio Loebsack Shuler Miller (FL) Rooney Westmoreland Lungren, Daniel Reichert Walberg DeGette Lofgren, Zoe Sires Miller (MI) Ros-Lehtinen Whitfield E. Renacci Walden DeLauro Lowey Slaughter Miller, Gary Roskam Wilson (SC) Mack Ribble Walsh (IL) Deutch Luja´ n Smith (WA) Mulvaney Ross (AR) Wittman Manzullo Rigell Webster Dingell Lynch Speier Murphy (PA) Ross (FL) Wolf Marchant Rivera West Doggett Markey Stark Myrick Royce Womack Marino Roby Westmoreland Doyle Matsui Thompson (CA) Neugebauer Runyan Woodall Matheson Roe (TN) Whitfield Edwards McCarthy (NY) Tierney Noem Ryan (WI) Yoder McCarthy (CA) Rogers (AL) Wilson (SC) Ellison McCollum Tonko Nugent Scalise Young (AK) McCaul Rogers (KY) Wittman Engel McDermott Towns Nunes Schilling Young (FL) McClintock Rogers (MI) Wolf Eshoo McGovern Tsongas Nunnelee Schmidt Young (IN) McCotter Rohrabacher Womack Farr McIntyre Van Hollen McHenry Rokita Woodall Fattah McNerney Vela´ zquez NOT VOTING—11 McKeon Rooney Yoder Filner Meeks Visclosky Bachmann Giffords Sutton McKinley Ros-Lehtinen Young (AK) Fortenberry Michaud Walz (MN) Boren Larson (CT) Thompson (MS) McMorris Roskam Young (FL) Frank (MA) Miller (NC) Wasserman Cardoza Maloney Wilson (FL) Rodgers Ross (AR) Young (IN) Fudge Miller, George Schultz Dicks Polis Garamendi Moore Waters NOT VOTING—10 Gonzalez Moran Watt ANNOUNCEMENT BY THE ACTING CHAIR Bachmann Larson (CT) Thompson (MS) Green, Al Murphy (CT) Waxman The Acting CHAIR (during the vote). Boren Maloney Wilson (FL) Green, Gene Nadler Welch One minute remains in this vote. Dicks Polis Grijalva Napolitano Woolsey Giffords Sutton Gutierrez Neal Yarmuth b 1857 ANNOUNCEMENT BY THE ACTING CHAIR NOES—252 The Acting CHAIR (during the vote). So the amendment was rejected. Adams Chaffetz Gohmert The result of the vote was announced One minute remains in this vote. Aderholt Coble Goodlatte Akin Coffman (CO) Gosar as above recorded. b 1853 Alexander Cole Gowdy PERSONAL EXPLANATION Altmire Conaway Granger Mr. LARSON of Connecticut. Madam Chair, So the amendment was rejected. Amash Costa Graves (GA) The result of the vote was announced Amodei Cravaack Graves (MO) on October 5, 2011, I was not present for roll- as above recorded. Austria Crawford Griffin (AR) call votes 747–759 due to the death of a close Bachus Crenshaw Griffith (VA) family friend. If I had been present for these AMENDMENT NO. 14 OFFERED BY MR. ELLISON Barletta Critz Grimm The Acting CHAIR. The unfinished Barrow Culberson Guinta votes, I would have voted: ‘‘aye’’ on rollcall business is the demand for a recorded Bartlett Davis (KY) Guthrie vote 747; ‘‘aye’’ on rollcall vote 748; ‘‘aye’’ on vote on the amendment offered by the Barton (TX) Denham Hall rollcall vote 749; ‘‘aye’’ on rollcall vote 750; Bass (NH) Dent Hanna ‘‘aye’’ on rollcall vote 751; ‘‘aye’’ on rollcall gentleman from Minnesota (Mr. ELLI- Benishek DesJarlais Harper SON) on which further proceedings were Berg Diaz-Balart Harris vote 752; ‘‘aye’’ on rollcall vote 753; ‘‘aye’’ on postponed and on which the noes pre- Biggert Dold Hartzler rollcall vote 754; ‘‘aye’’ on rollcall vote 755; Bilbray Donnelly (IN) Hastings (WA) ‘‘aye’’ on rollcall vote 756; ‘‘aye’’ on rollcall vailed by voice vote. Bilirakis Dreier Hayworth The Clerk will redesignate the Bishop (UT) Duffy Heck vote 757; ‘‘aye’’ on rollcall vote 758; ‘‘aye’’ on amendment. Black Duncan (SC) Hensarling rollcall vote 759. Blackburn Duncan (TN) Herger AMENDMENT NO. 23 OFFERED BY MR. COHEN The Clerk redesignated the amend- Bonner Ellmers Herrera Beutler ment. Bono Mack Emerson Hochul Mr. COHEN. Mr. Chairman, I have an RECORDED VOTE Boustany Farenthold Huelskamp amendment at the desk. Brady (TX) Fincher Huizenga (MI) The Acting CHAIR (Mr. ROSS of Flor- The Acting CHAIR. A recorded vote Brooks Fitzpatrick Hultgren has been demanded. Broun (GA) Flake Hunter ida). The Clerk will designate the A recorded vote was ordered. Buchanan Fleischmann Hurt amendment. The Acting CHAIR. This will be a 2- Bucshon Fleming Issa The text of the amendment is as fol- Buerkle Flores Jenkins lows: minute vote. Burgess Forbes Johnson (IL) The vote was taken by electronic de- Burton (IN) Foxx Johnson (OH) Page 6, line 11, strike ‘‘and’’ after the semi- vice, and there were—ayes 170, noes 252, Calvert Franks (AZ) Johnson, Sam colon. Camp Frelinghuysen Jordan not voting 11, as follows: Page 6, line 12, strike ‘‘impacts.’’ and in- Campbell Gallegly Kelly sert ‘‘impacts; and’’. [Roll No. 759] Canseco Gardner King (IA) Page 6, after line 12, insert the following Cantor Garrett King (NY) AYES—170 Capito Gerlach Kingston subparagraph: Ackerman Baldwin Berkley Carter Gibbs Kinzinger (IL) (F) potential reductions in the number of Andrews Bass (CA) Berman Cassidy Gibson Kissell illness-related absences from work due to Baca Becerra Bishop (GA) Chabot Gingrey (GA) Kline respiratory or other illnesses.

VerDate Mar 15 2010 03:48 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\A05OC7.032 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6614 CONGRESSIONAL RECORD — HOUSE October 5, 2011 The Acting CHAIR. The gentleman engine, then we need to have the foul, if there’s no harm, no foul and it’s from Tennessee is recognized for 5 min- world’s healthiest and most productive duplicative, then there’s no reason not utes. workforce. But that will not happen if to adopt it in case he’s wrong, and I b 1900 we continue to let a handful of dirty think he is. I think it does add some- cement kilns scattered across the thing. So the best case is you protect Mr. COHEN. Mr. Chair, my amend- country undermine the health and the worker, and the worst case is you ment simply requires—it’s a very sim- well-being of thousands of American have a couple of extra sentences in the ple amendment—that the Environ- workers. law that make no difference. mental Protection Agency adminis- I encourage my colleagues to under- So I would ask that we all join to- trator consider the potential reduc- stand the importance of a healthy gether in a bipartisan Kumbaya mo- tions in the number of illness-related workforce and support my amendment. ment that we’ve been missing and need absences from work when establishing We must recognize that any establish- to have again, and I ask you to support a compliance date for this cement kiln ment of a compliance date that does it. rule. not factor the health of the American Mr. WAXMAN. In light of that argu- Cement kilns are the second-largest workforce is fundamentally flawed and ment, I’d be pleased to yield to the gen- source of airborne mercury pollution in inadequate. tleman from Kentucky if he’s now been the United States and also a leading I also would mention that this will convinced of the rebuttal. If not, I will emitter of lead, arsenic, and other affect horses, for horses and animals, yield back my time. toxic dangerous metals—nothing, of dogs and horses will breathe in the The Acting CHAIR. The question is course, that anybody on either side of same air and it will affect their well- on the amendment offered by the gen- the aisle would like to see floating being—well noted. On behalf of the tleman from Tennessee (Mr. COHEN). around the atmosphere and absorbed in hundreds and thousands of American The question was taken; and the Act- our bodies. Dramatically reducing the workers and animals who have been ing Chair announced that the noes ap- amount of toxic pollutants cement forced to miss work because of the peared to have it. kilns can spew in our Nation’s air and sickness incurred by breathing in toxic Mr. COHEN. Mr. Chairman, I demand water will make America a healthier, pollutants from cement kilns, I ask a recorded vote. more productive nation. you to support this amendment. It’s The Acting CHAIR. Pursuant to The EPA projects that every year time for this Congress to stand up to clause 6 of rule XVIII, further pro- that this particular rule is applicable, protect our Nation’s most valuable re- ceedings on the amendment offered by the administration’s cement kiln rule source, the American worker, and also the gentleman from Tennessee will be will prevent up to 2,500 premature the American worker’s best friend, his postponed. deaths, 17,000 asthma attacks, and dog, and sometimes his horse. AMENDMENT NO. 5 OFFERED BY MR. KEATING 130,000 days when people will be too I urge passage of my amendment, and Mr. KEATING. Mr. Chairman, I have sick to go to work. Despite the erro- I yield back the balance of my time. an amendment at the desk. neous claims from a handful of vocal Mr. WHITFIELD. Mr. Chairman, I The Acting CHAIR. The Clerk will individuals within the cement industry move to strike the last word. designate the amendment. that this rule will ruin the economy, The Acting CHAIR. The gentleman The text of the amendment is as fol- the truth is the cement kiln rule will from Kentucky is recognized for 5 min- lows: strengthen America’s economy and the utes. American worker because cement kilns Page 5, beginning on line 13, strike para- Mr. WHITFIELD. I certainly want to graph (1) and insert the following paragraph emit thousands of pounds of mercury thank the gentleman from Tennessee (and redesignate the subsequent paragraph and acid gases every year, thousands of for offering this amendment and par- accordingly): workers are unable to go to work be- ticularly pointing out that it relates to (1) shall establish a date for compliance cause they are simply too sick, mean- animals as well as people, and I would with standards and requirements under such ing every day hardworking Americans say that from our analysis, certainly regulation in accordance with section are unable to work and earn a pay- EPA considers work-related illnesses 112(i)(3) of the Clean Air Act (42 U.S.C. check so they can put food on their and absences when they issue these 7412(i)(3)); family’s table. Not only are these hard- (2) may, if the Administrator determines regulations, and the specific section of there is a compelling reason to extend the working Americans not generating in- the bill, H.R. 2681, which the gentleman date for such compliance, provide an exten- come, but many of them are forced to from Tennessee is amending relates to sion, in addition to any extension under sec- spend their limited income on doctors’ the provisions that the administrator tion 112(i)(3)(B) of such Act (42 U.S.C. bills, emergency room visits, and ex- must consider relating to the industry 7412(i)(3)(B)), extending the date for such pensive medicines. in trying to comply with the regula- compliance up to one year, but in no case be- These Americans want to work. They tion. yond the date that is 5 years after the effec- want to be productive citizens. Their This amendment would add to that tive date of such regulation; and employers want them to work, but the illness-related work absences would The Acting CHAIR. The gentleman employers are spewing environmental have to be considered as well, and we from Massachusetts is recognized for 5 disaster into the air that prevents think that that would really be dupli- minutes. them from working. Despite their most cative of what they already considered. The Acting CHAIR. The gentleman sincere interest and desire to put in a And because of that, despite the great from Massachusetts is recognized for 5 hard day’s work, they can’t because respect we have for the gentleman from minutes. the dirty cement kiln is spewing toxic Tennessee, I would urge that this Mr. KEATING. Mr. Chairman, this pollutants into the air making them amendment not be adopted and urge bill gives the impression that we’re sick and making them drive to the hos- other Members to vote ‘‘no’’ on the going to deal with this issue in 5 years. pital instead of their offices. amendment. If you look at the bill carefully, you If the EPA administrator has to fac- I yield back the balance of my time. will find out, Mr. Chair, that indeed tor in issues such as potential net em- Mr. WAXMAN. Mr. Chairman, I move what it could postpone is the effect of ployee impacts when establishing com- to strike the last word. this amendment forever. In fact, in pliance dates when they shouldn’t, the The Acting CHAIR. The gentleman terms of pollution, in terms of toxins, administrator also will have to factor from California is recognized for 5 min- this is the equivalent of the ‘‘pollution in potential reductions in the number utes. road to nowhere’’ where there’s no end- of illness-related absences from work. Mr. WAXMAN. I would yield to the ing in sight, none that will ever be But what good is saving 1 day’s work at gentleman from Tennessee if he wishes reached, and it’s just nothing but a a cement plant if it means that dozens to make any further statements. guise for the people to think they’re of people will be too sick to go to work Mr. COHEN. Mr. Chair, I respect the doing something within the 5-year that day? gentleman from Kentucky greatly and timeframe. If the United States is going to re- appreciate his remarks, but I would say Now, my amendment would allow the tain its status as the world’s economic if his position is there’s no harm, no 5 years, but it would be a maximum of

VerDate Mar 15 2010 03:48 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.146 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6615 5 years before the source has to be im- administrator to make a case-by-case tries have cleaned up their toxic air plemented and the appropriate changes determination about whether that jus- pollution within that 3-year period. I are met in terms of emissions. tification is compelling. think the statutory timeframe is suffi- Now, what else would this amend- All of the testimony in the hearings cient. Five years is a long time to wait ment do? This amendment would save on this indicated that the current 3- for the communities living in the shad- 10,000 related deaths, avert 6,000 heart year compliance timeframe is simply ow of these cement kilns. At least this attacks, avoid nearly 70,000 asthma at- not workable and a definitive period of amendment sets an outer bound for tacks, and the pollution reductions re- at least 5 years is needed. And so for when cement kilns will have to com- quired in this rule would cut mercury that reason, with all due respect, we ply, unlike the underlying legislation. emissions from cement kilns by over 90 would urge the defeat of the gentle- I urge my colleagues to support the percent. man’s amendment. amendment. As all of us know, Mr. Chairman, Mr. Chairman, I yield back the bal- Mr. Chairman, I yield back the bal- mercury is a poisonous substance that ance of my time. ance of my time. affects the ability of infants and chil- Mr. WAXMAN. Mr. Chair, I rise in The Acting CHAIR. The question is dren to learn and to think. It also re- support of the pending amendment. on the amendment offered by the gen- sults in birth defects and cognitive dis- The Acting CHAIR. The gentleman tleman from Massachusetts (Mr. from California is recognized for 5 min- abilities. Cement kilns emit lead and KEATING). utes. arsenic which cause cancer and damage The question was taken; and the Act- Mr. WAXMAN. I would like to yield ing Chair announced that the noes ap- the nervous system. to the author of the amendment, the Now let’s line up the costs and bene- peared to have it. gentleman from Massachusetts. Mr. KEATING. Mr. Chairman, I de- fits. The costs—birth defects, cognitive Mr. KEATING. I thank the gen- disabilities, cancer, heart attacks, mand a recorded vote. tleman for yielding. The Acting CHAIR. Pursuant to asthma, and attacks on the nervous I would just say this: When you talk clause 6 of rule XVIII, further pro- system—are on one side of the ledger. about certainty, the only thing that is ceedings on the amendment offered by On the other side of the ledger are mar- certain about this bill is there’s no end the gentleman from Massachusetts will ginal savings by the companies for not to it. So if you call certainty meaning be postponed. doing what they really should be doing there’s no timeframe that can ever be in terms of keeping people safe. AMENDMENT NO. 3 OFFERED BY MS. EDWARDS reached for certain, then I don’t under- Ms. EDWARDS. Mr. Chairman, I have Now let’s add up the cost of that stand the paradox. versus the cost of all those ailments, an amendment at the desk. And when you’re talking about the The Acting CHAIR. The Clerk will all those things that affect young peo- cost to the EPA and the marginal cost designate the amendment. ple and that will affect taxpayers fund- that might be there to the industry in The text of the amendment is as fol- ing this for decades to come, a multiple terms of savings, that pales in com- lows: of whatever savings is there for the in- parison—by multiples—to the cost that After section 1, insert the following section dustries that are in question. taxpayers are going to have to pay for (and redesignate the subsequent sections ac- So I hope this amendment passes. I the cognitive disabilities, the birth de- cordingly): think what this attempts to do is say fects of infants and young children SEC. 2. FINDING. let’s cut through the guile. If you mean that will be borne, in most cases, by The Congress finds that if the rules speci- 5 years, you mean 5 years. And so we the taxpayer because we’re not making fied in section 3(b) remain in effect, they will should be in agreement on this if that these industries do what they’re sup- yield annual public health benefits of is indeed the case. And I hope this posed to do. $6,700,000,000 to $18,000,000,000, while the costs amendment gets the support from my Mr. WAXMAN. I want to reclaim my of such rules are $926,000,000 to $950,000,000. Page 5, line 11, strike ‘‘section 2’’ and in- colleagues that believe 5 years is a rea- time because the gentleman is abso- sert ‘‘section 3’’. sonable time. lutely correct. There is no end point to Page 6, line 14, strike ‘‘section 2(a)(1)’’ and I yield back the balance of my time. when there would be compliance so insert ‘‘section 3(a)(1)’’. that we can get the health benefits be- Page 7, line 8, strike ‘‘section 2(a)’’ and in- b 1910 cause of that compliance. sert ‘‘section 3(a)’’. Mr. WHITFIELD. Mr. Chairman, I But let’s go through the bill again. Page 7, lines 9 and 10, strike ‘‘section move to strike the last word. 2(b)(2)’’ and insert ‘‘section 3(b)(2)’’. The bill would nullify EPA’s emission Page 8, line 3, strike ‘‘section 2(a)’’ and in- The Acting CHAIR. The gentleman standards for cement kilns. It ensures sert ‘‘section 3(a)’’. from Kentucky is recognized for 5 min- that if EPA is able to issue a new Page 8, line 14, strike ‘‘section 2(a)’’ and in- utes. standard, the new standard would be sert ‘‘section 3(a)’’. Mr. WHITFIELD. The amendment of- less protective of public health and The Acting CHAIR. The gentlewoman fered by the gentleman would set a 3- more protective of the cement manu- from Maryland is recognized for 5 min- year compliance date and allow case- facturers’ profits. And even then, the utes. by-case extensions for up to 2 years if bill allows for implementation of any Ms. EDWARDS. Mr. Chairman, I the administrator of EPA determines new standard to be indefinitely de- think it’s important for us to take a that there is a compelling need to do layed. It blocks EPA from requiring ce- step back and review our history. so. ment kilns to comply with the new The Clean Air Act has a proven 40- The purpose, of course, of this legis- rules for at least 5 years, and fails to year track record of delivering techno- lation is to protect health, provide fea- establish any deadline for compliance logical innovation and economic sibility and regulatory certainty, pro- whatsoever. This could allow cement growth for the American people while tect jobs, and minimize plant shut- kilns to continue to pollute without at the same time protecting public downs. Under the Clean Air Act, limit indefinitely. health and our Nation’s environment. sources already have 3 years to comply I support this amendment because it This bipartisan act was originally with section 112 standards for cement would use this existing framework of signed into law by President Richard kilns, with a potential 1-year extension the bill as a baseline for compliance, Nixon, and the 1990 amendments were by the EPA administrator or a State- but it would also allow the adminis- enacted by President George H.W. permitting authority. This amendment trator to provide additional extensions Bush. Unfortunately, my Republican would allow for a second possible 1- of 1 year for existing sources if she de- colleagues here today don’t see eye to year extension, so a source might be termines there is a compelling reason. eye even with their own party’s former able to get 5 years for compliance. The No polluter can have more than 5 years Presidents. amendment would impose additional to comply. Already under the Clean Air Since its inception, the Clean Air Act regulatory burdens on both the EPA Act, every facility has complied no has netted Americans $40 in benefits and those facilities trying to comply. later than 3 years after the limits go for every $1 that’s been spent, making It would require a facility to compile into effect. it one of the most successful and sig- evidence to justify the need for an ad- Over the past 20 years, tens of thou- nificant statutes in our Nation’s his- ditional year, and would require the sands of sources across about 100 indus- tory. My amendment highlights the

VerDate Mar 15 2010 05:03 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.150 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6616 CONGRESSIONAL RECORD — HOUSE October 5, 2011 fact that if the rules repealed by this over years of operation—by adding just anywhere up to $3.4 billion. So we bill remained in effect, they would $4.50 to the price of a ton of cement. genuinely believe that for Congress to yield annual public health benefits of This is not a prohibitive hike. And simply take those calculations and put between $6.7 billion and $18 billion, at a more importantly, cement is expensive them in as a finding of this legislation cost of under $1 billion. to ship, and so the likelihood of ship- would be irresponsible. The benefit of complying with the ping it from China seems highly skep- I might also add that, with respect to EPA’s cement kiln standards exceeds tical. The truth is that the cement sec- the benefits, EPA itself has acknowl- the cost by a factor of at least 7 and as tor is vulnerable because the construc- edged that it has not even quantified much as 18. And let’s say this in really tion industry has taken a big hit in the the benefits from the reductions of haz- plain language: That is between a 700 recession and hasn’t recovered. And ardous air pollutants, which are the percent to an 1,800 percent return on an here we’re in a Congress trying to gut very pollutants that these rules, these investment. It sounds like a good in- EPA standards when we actually cement rules, were intended to target. vestment. And these returns come from should be creating jobs. Rather, EPA’s estimates of benefits are avoiding the health care and social And if you want to talk about job all related to incidental health benefits costs associated with 2,500 premature killers, this bill is a job killer because by the reduction of particulate matter, deaths, 1,500 heart attacks, 17,000 cases we should be investing in the industry, which are already regulated by other of aggravated asthma, 32,000 cases of allowing it to produce cement for parts of the Clean Air Act. respiratory illnesses each year, the roads, bridges, all of our infrastructure So for all of those reasons, I would cost of 1,000 emergency room visits, 740 instead of gutting EPA standards. respectfully urge Members to oppose hospital admissions, multiple trips to There’s no way to do this except by in- the gentlelady’s amendment and re- the doctor and taking prescription vesting in infrastructure. quest that they vote in opposition to drugs, and the cost of 130,000 days of And so I would urge us to look at the it. missed work a year, costs felt by em- real cost of lowering these standards, With that, I yield back the balance of ployers in the form of lost productivity the real cost to industry, and urge us my time. and the employee in the form of lost instead to think about the Clean Air Mr. WAXMAN. I rise in support of wages. One person working 7 days a Act and the benefits to communities, the amendment. week would have to work 356 years to and make sure that we pass this The Acting CHAIR. The gentleman reach 130,000 days. amendment. from California is recognized for 5 min- This very extreme analogy makes a Mr. Chairman, I yield back the bal- utes. simple point. If we put it in perspec- ance of my time. Mr. WAXMAN. For decades, regu- tive, the cement industry employs lated industry has claimed that EPA b 1920 13,000 workers. And if those workers rules are not worth the cost. For dec- took the 130,000 sick days, it would Mr. WHITFIELD. I move to strike ades, they’ve pushed laws and execu- shut down the entire cement industry the last word. tive orders to require more and more for 10 days every year. The Acting CHAIR. The gentleman detailed cost-benefit analyses. So now, A study published in the May 2011 from Kentucky is recognized for 5 min- that’s what EPA does for every major Health Affairs found that we spend $76 utes. rule. EPA conducts a regulatory im- billion a year treating environmental Mr. WHITFIELD. The last time that pact analysis that quantifies and mon- diseases in children like lead poi- the Clean Air Act was amended in any etizes, to the extent possible, the costs soning, prenatal methylmercury expo- significant way was 1990, over 21 years and benefit of each rule. sure, childhood cancer, asthma, intel- ago. And Congress certainly has the re- These analyses are based on peer-re- lectual disability, autism, and ADHD. sponsibility, from time to time, to look viewed science. They’re reviewed by Now, cement factory emissions may at the Clean Air Act to make changes the Office of Management and Budget. not be responsible for every one of when we believe changes should be The analyses are usually a couple hun- these instances, but cement kilns are made. And with the current situation dred pages long. EPA prepares a draft the second-largest source of airborne in our economy, and the high unem- analysis for the proposed rule, which is mercury pollution in the United ployment and the number of concerns available for public comment before it States—after power plants. It’s ex- expressed by industries around the is finalized with the final rule. traordinary. Mercury is a powerful country, as well as individuals about The information about the costs and neurotoxin that when ingested, par- the lack of jobs, we made a decision benefits of the rules helps EPA make a ticularly by pregnant women, in the that we would start questioning some sensible decision about how stringent form of fish, can impair cognitive func- of the regulations coming out of the the standards should be. For example, tion in infants and children. In 2000, EPA. as a consequence, EPA almost never the National Research Council warned The gentlelady from Maryland, who adopts rules where monetized costs that 60,000 children could be born annu- is a very effective Member of this body, outweigh the benefits. ally with neurological problems from is suggesting that, in our legislation, Last year, EPA finalized long over- exposure to mercury while in the that we adopt as a finding the health due standards to cut emissions of mer- womb. benefits and costs as computed by cury and other toxic air pollutants It’s a simple fact: At a time when our EPA. from cement kilns. As it does for every Nation is struggling with budget defi- Now, we have difficulty just adopting rule, EPA conducted a thorough regu- cits, we should be targeting the causes their health benefits and costs and put- latory impact analysis of cement kiln of disease and acting to reduce the ting it in our legislation as a finding rules following the process I just de- need for health care spending. And yet for a number of reasons. Number one, scribed. This analysis found that the producers of toxic emissions need to we don’t really know the assumptions benefits of these rules for public health step up and assume their fair share of that they’re using. Number two, many far outweigh the costs to the polluters. responsibility. universities and others have questioned That means that, as a Nation, we’re far Now, those who want to gut the EPA the models being used by EPA in com- better off with these rules than with- cement kiln standards say that com- puting costs and benefits. And many out them. plying with these rules would force people have found that there is a lack But now the Republicans aren’t in- them to jack up the price of cement of transparency in the methodology terested in the cost-benefit analysis. and drive consumers—mostly construc- used at EPA in making many of these They’re only interested in the costs, tion companies—to buy cheap imports calculations. regardless of how much those costs are from China instead. It’s not true, and I might also say that, because of outweighed by the benefits. it’s just a scare tactic. Instead, look at that, for example, EPA determined Here’s why these rules are such a the facts. The EPA estimates that ce- that the cost of these rules would be good deal for the American public: the ment makers would recoup nearly 90 between $926 million to $950 million; rules will significantly reduce emis- percent of their pollution control and yet other independent analyses sions of fine particle pollution which costs—which are anyway amortized have indicated that the cost would be can lodge deep in the lungs and cause

VerDate Mar 15 2010 03:48 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.153 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6617 serious health problems. By cutting ceedings on the amendment offered by they do not know what to do. Busi- emissions of fine particles, EPA esti- the gentlewoman from Maryland will nesses do not know what to do because mates that these rules will prevent up be postponed. they are not able to determine what to 2,500 premature deaths, 1,500 non- Mr. WHITFIELD. Mr. Chairman, I the cost of health care is going to be fatal heart attacks, 17,000 cases of ag- move that the Committee do now rise. because they still do not even know gregated asthma, and 130,000 days when The motion was agreed to. what is in the health care bill. people miss work or school each year. Accordingly, the Committee rose; So with the uncertainty caused by EPA estimates that the cost to com- and the Speaker pro tempore (Mr. the health care legislation, the uncer- ply with the rules will be about $950 GRIFFITH of Virginia) having assumed tainty caused by the financial regu- million in 2013. In contrast, EPA esti- the chair, Mr. ROSS of Florida, Acting latory regime, the raising of the cap- mates that the monetized health bene- Chair of the Committee of the Whole ital requirements, the changing in the fits associated with reduced exposure House on the state of the Union, re- methods used for conducting apprais- to air pollution range from $6.7 billion ported that that Committee, having als, all of that has generated a lot of to $18 billion in 2013 and annually had under consideration the bill (H.R. uncertainty, and it’s more difficult thereafter. 2681) to provide additional time for the particularly for community banks to Moreover, these figures likely under- Administrator of the Environmental make loans. estimate the health benefits of the rule Protection Agency to issue achievable A third area of uncertainty is related because, given time and data limita- standards for cement manufacturing to regulations implemented by this En- tions, EPA wasn’t able to put a dollar facilities, and for other purposes, had vironmental Protection Agency. Under value on the health benefits of reduc- come to no resolution thereon. the administrator, Lisa Jackson, this has been the most aggressive EPA in ing cement kiln emissions of carcino- f gens and other toxic substances such as the history of the agency. Trying to mercury, which is a powerful b 1930 keep up with all of the regulations coming out has been very difficult to neurotoxin. HOUR OF MEETING ON TOMORROW Well, this amendment simply re- do. Lawsuits have been filed, consent states the conclusions of EPA’s cost- Mr. WHITFIELD. Mr. Speaker, I ask decrees have been entered, court deci- benefit analysis. This amendment does unanimous consent that when the sions have been rendered, environ- not change what the bill does. If this House adjourns today, it adjourn to mental groups have been reimbursed amendment passes, the bill would still meet at 9 a.m. tomorrow. for their legal costs, the regulations nullify the cement kiln rules and force The SPEAKER pro tempore. Is there are changing; and so businesspeople are EPA to start all over again. The bill objection to the request of the gen- saying, we’re not going to invest one would still rewrite the Clean Air Act in tleman from Kentucky? dollar, much less millions of dollars, such a way that EPA may never be There was no objection. until we have some certainty about able to reissue emission limits for f these regulations. So the uncertainty related to health toxic air pollution from cement kilns. THE GOP JOBS OFFENSIVE: ROLL- care, the uncertainty related to finan- But this amendment provides an im- ING BACK JOB-KILLING REGULA- cial regulation, and the uncertainty re- portant reminder. By nullifying the TIONS lated to EPA regulations have been a rules, the bill also nullifies the $6.7 bil- tremendous obstacle for investment to lion to $18 billion in annual health ben- The SPEAKER pro tempore (Mr. be made and for additional jobs to be efits that would have made Americans ROSS of Florida). Under the Speaker’s created. better off if the rules remain in place. announced policy of January 5, 2011, the gentleman from Kentucky (Mr. I think it’s essential that if we’re This amendment ensures that we have going to get this economy back on a clearly stated accounting of the mon- WHITFIELD) is recognized for 60 minutes as the designee of the majority leader. track that we have to have certainty in etized costs and benefits of this bill. a lot of these areas, and that’s pre- The Republicans have been eager to Mr. WHITFIELD. Thank you very much. cisely what the leadership in this talk about the benefit to industry of House of Representatives is attempting shielding them from having to cut Over the last year particularly, great attention has been paid in this country to do. We’re calling upon the leadership their toxic and mercury emissions. in the Democratic-controlled Senate to This amendment simply outlines the to the state of our economy; and de- spite all of the efforts of the bailouts, do the same thing; and the sooner that costs to public health of nullifying we can do that, the more likely it is these rules. the stimulus spending and other ef- forts, our unemployment rate is still that we’re going to stimulate this When it came to Congressman ELLI- economy. It’s not going to be stimu- above 9 percent nationally. SON’s amendment, where he wanted the lated by additional regulation, it’s not We were told that when we adopted benefits clearly stated, the Repub- going to be stimulated by additional the bailouts, when we made money licans opposed it because they said government expenditures, which is ba- available for the stimulus plans, that that EPA had already studied it, so sically what the President’s jobs plan unemployment would be reduced in the why should we have to put it in the is all about, and I might refer to to- U.S. to a maximum of 8 percent. Well, finding. When it comes to this amend- day’s article in The Hill and the head- that has not come to pass. And as you ment they say, well, maybe they line that says Senate Democrats Buck talk to business leaders large and small haven’t studied it well enough; and Obama on Jobs Plan. they didn’t want to put it in the find- around the country, they will tell you So let’s get back to providing cer- ings for that reason. I find both argu- that one of the primary reasons that tainty; and when we do that, we’re ments not only inconsistent, but not our economy has not been stimulated going to encourage investment in our very persuasive. is because of the uncertainty that has economy to create more jobs. So I’d urge my colleagues to vote for been caused by this administration. With that, Mr. Speaker, I would like this amendment, and I yield back the Now, the uncertainties that I’m talk- to yield back the balance of my time. balance of my time. ing about are, number one, all of those The SPEAKER pro tempore. The bal- The Acting CHAIR. The question is uncertainties that are related to the ance of the majority leader’s time is on the amendment offered by the gen- health care legislation that passed in reallocated to the gentleman from tlewoman from Maryland (Ms. the last Congress. We know that that Texas (Mr. CARTER). EDWARDS). health care bill will not be fully imple- Mr. CARTER. Thank you, Mr. Speak- The question was taken; and the Act- mented until the year after the year er, I appreciate that, and I thank my ing Chair announced that the noes ap- 2014. We’ve been told that CMS and friend from Kentucky for being here. I peared to have it. HHS and others have already written wanted to let him know that I have en- Ms. EDWARDS. Mr. Chairman, I de- 8,700 pages of additional regulations. joyed the day. It’s been a wonderful mand a recorded vote. It’s quite clear from discussions with challenge and great working with him. The Acting CHAIR. Pursuant to physicians, hospital administrators, I thank my friend for all the good work clause 6 of rule XVIII, further pro- and other health care providers that we did today.

VerDate Mar 15 2010 03:48 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.154 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6618 CONGRESSIONAL RECORD — HOUSE October 5, 2011 Today from 1 o’clock until close to 7 providers of health care, the prices go ing points on the television and the o’clock, we were debating the Cement up. Then as many of these small busi- radio, they need somebody to look at Industry Relief Act, and I’m going to ness people who are diligently trying that bill. Those of us who are here who just rehash that a little bit. to keep their employees hired and their are looking at it are seeing many, Before I start, Mr. Speaker, I had a employees insured as the ongoing rul- many onerous things that exist in that constituent who approached me about ings by these regulators under the bill that are not being talked about. the fact that as we’re here tonight, health care bill are coming to the fore- The other night, Congressman LOUIE that you and I are in a relatively front so people can know about them, GOHMERT was talking about some of empty Chamber except for all these they hear from their providers that the the things he discovered as he was fine folks that are all here working on prices went up. reading the bill. You haven’t heard behalf of the American people and that Some of them tell me that it’s now anyone talking about the things that accused me of trying to fool the Amer- getting to a point where the costs that he has discovered, but those things are ican people into thinking this was a are being put upon them—basically the important to the American people. It full room. cost of these regulations—are actually means their lives change both at home So I just wanted to set the record making them have to decide, Not only and in their businesses. American busi- straight because he honestly didn’t be- are we not going to be able to hire any- nessmen know that these unknowns lieve I would do it, that most evenings body, but we’re not going to be able to are out there, and they are concerned we are talking to our colleagues back keep everybody we’ve got because about these unknowns. The unknown in their offices and so forth who are we’re doubling and sometimes tripling creates fear. It creates hesitation on keeping up with this on C–SPAN. This our costs of providing health care for behalf of the people who create jobs in is often a very small group of folks who our employees. Quite honestly, with this country. are in this Chamber. I’m not trying to the number of employees we’ve got, The real jobs are the jobs that you fool anybody, and I was offended by the we’re just going to have to double up, get hired for and you make a living out fact that he accused me of doing that. and some people are going to have to of. It becomes a career job, and you are So I wanted to make the record clear carry bigger shifts. We have to do that. able to have a career and hopefully as I started tonight that you and I are Where, in reality, the best business work in that industry until you decide working here together. practice would be to hire somebody, it’s not in your best interest to work there or until you’re ready to retire b 1940 the regulations keep us from doing that. with a retirement and a Social Secu- So now that I’ve gotten that little Then they tell us, With the unknown rity system that you can trust. pledge that I made to one of my con- of the tax structure that we’ve got and They say, But we’re not sure we can stituents taken care of—I hope he was the fact that what we now after 12 trust that. watching—I want to say that we’ve years are still calling the Bush tax With a health care plan that you can been talking for quite some time about cuts, which in reality is the tax plan trust. But we’re not sure we can trust the regulatory burden that’s being that we’re under now, there’s a very that. placed on the American people and good possibility that that tax plan We’ve got to put truth in front of the what that has to do with our economy, might go away. Then the small busi- American people. We’ve got to get hon- the fact that we may be approaching a ness man and his accounting folks will est about what is in the bills that are double-dip recession, God forbid—but have to look clear back to the era of out here. We have to be honest and there’s all indications that we could Bill Clinton to see what the taxes were stand up to the regulators and say, be—and the fact that we’re losing jobs. like then so they’ll know what the Wait a minute, what you’re doing is We’ve got to, instead, stop losing jobs. taxes will be like if this body lets those going to cause people in my district We’ve got to save jobs and start cre- things expire. They see that it’s going back home and across this country to ating jobs. to cause a tremendous amount of accel- not be able to hold onto the jobs The truth is that the job creators of eration of their expenditures to pay they’ve got. this world are, first and foremost, our extra taxes. This is the kind of thing that is caus- small business people. We had a whole So they say, With that being un- ing a lot of the problems we have group of small business people who known, with the final price tag for today. came up to hear the President’s speech health care being unknown and then Franklin Roosevelt said in the Great when he talked to us the other day. with learning that there are other Depression: ‘‘The only thing we have to They sat right up in this section of the agencies like the Environmental Pro- fear is fear, itself.’’ I think it’s an argu- gallery, and later they talked to the tection Agency and others that are ment that’s still going on as to why press and others about what they going to impose additional regulations private industry is fearful to hire new thought was necessary for their indi- and additional rules on our small busi- employees—because they don’t know vidual small businesses to start to nesses, well, you know what, we can’t what the results of that hiring will be grow, to prosper, and to create jobs. afford to hire anybody. Even if we as far as the bottom line of their profit It’s a funny thing. I didn’t hear from could make it better and make a more margins. any of them—and there were about 12— prosperous business than we have, be- So I have been taking on the regu- that what we need is a government cause of the unknowns, we can’t afford lators and talking about various regu- bailout, that what we need is a govern- to do that. lations and how colleagues in the ment stimulus. Quite honestly, the President is House with me have bills and that we What they said was, We need the gov- going around all over the country. So are taking up one a week until we get ernment to quit throwing up road- far, he’s been, I think, to every member all of them before this Congress and, blocks to us prospering in our busi- of the leadership’s district but mine, hopefully, get a vote and get them out nesses. They mentioned the fact that and he is telling people to tell the Con- of this House and over to the Senate. access to capital was difficult in this gress to vote for his jobs bill, he calls Then we hope and pray and beg and country because of regulations that it. I think it’s the great American jobs cajole the Senators, maybe, to take up had been issued under the Dodd-Frank bill or something to that effect. He’s the bills. We have a stack of bills sit- Act. They mentioned the unknown telling us the facts that he thinks we ting over on HARRY REID’s desk right about what’s going to happen as the need to know about it; but that jobs now that have been passed that will regulations are being developed for bill has a lot more in it that is un- make a difference in creating jobs in health care, for what we call the known, and the American people know this country; but he announces when ObamaCare bill. that. they get there that they’re dead on ar- As those regulations are being devel- I mean, this isn’t their first rodeo, as rival and that the Senate is not going oped, every day it seems like they hear we say in Texas. They’ve been here be- to act. The Senate gets paid to act, but something new that is going to be man- fore; and they know that when they’ve they seem to think, this year, they get datory in health care. As mandatory got a giant bill with giant expenditures paid not to act. That’s an issue be- regulations are put upon the insurance and when all they’re hearing are talk- tween the American people and the

VerDate Mar 15 2010 03:48 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.156 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6619 Senate, but we have bills that are great thing, and every American’s them are fairly small, a one-family or going over there. We will continue to proud of it—I can remember that Euro- one-person operation. They’re sitting send bills over to our colleagues in the peans were held out as an example, just there saying, we can’t meet it, we’re Senate, and we are hopeful that as we as they’re being held out today as an going to shut down; or we’re going to approach the possibility of a double-dip example of green energy. They were look at the areas in the world where we recession that they’ll open up a couple held out as an example on water and can meet it, maybe Mexico—which of those bills and take a look at them air quality of how dedicated regimes does have some standards but nothing and see if they might help. I think they could come up with solutions to solve anywhere even near the standards of might. the air and the water problem. Europe—or maybe we’ll go to China or Today, on the floor of this House, We have all seen the Sherlock to India where they basically have no I’ve been involved, by permission of the Holmes movies of the smog and the fog standards, not that we want to have a chairman, in this debate on the cement in London, and it’s gone. We’ve all plant like that. But if we put the plant regulations. We’ve been talking of and heard of the pollution of the Rhine that has got the filters on it right now dealing with amendments since 1 River, and it’s not polluted anymore. that meets a current standard and take o’clock. So I’ve been here a long time, And the Europeans were held out as it over there, at least we won’t be pol- but I kind of like it. I enjoyed the con- having set the standards that the world luting the atmosphere too much more, versation with my colleagues on the needed to follow. and we’ll at least be able to be in busi- other side of the aisle, and we had a Well, let’s look at the standards that ness. good debate. All the amendments had the Europeans sets for the cement in- What does that mean to us? Well, the been voted on and passed up until 7 dustry. The EU has just issued their President of the United States is going o’clock, and the other amendments will final standards. The parameter for all over the country, and he’s making be voted on tomorrow, then the final mercury, the U.S. standard in the EPA speeches. And one of the things he says passage of this bill that is described rule that we are dealing with in House is don’t the Republicans want to re- right here, H.R. 2681. bill 2681 is .01 percentage of mercury as build the infrastructure of this coun- an emission. The European standard, try? Don’t they want to construct new b 1950 supposedly the state-of-the-art, is .05. schools and repair the old schools? What it does—probably is kind of Our standard is five times more restric- Well, have you ever looked at what hard to read—it provides employers tive than the European standard. kinds of materials we use to build with extended compliance period. What Hydrochloric acid, our standard is schools in the current modern world? we’ve got is another form I want you to 3.83. The European standard is 10. Of course, even in the old antique look at in this debate. I’ll put it down In particulate matter, our standard world you start with a foundation there, and I’ll hang it up there in a is 7.72, the particulate matter standard made out of, what, concrete, which is minute. in Europe, in the EU, is 20. made with Portland cement. So, if the First, what this bill does, it provides So the people that we and the pro- Portland cement is moving overseas, additional time to comply with the gressives in this House held up as the and we have less and less people that Clean Air Act and the rules that model for knowing how to clean up the can meet the standard—and it could be they’ve set relative to the manufacture atmosphere and clean up the water was more than 20 percent that moved— of Portland cement. It blocks current the EU. They have issued rules ap- those are the ones who have told us regulatory overreach by the authority. proximately at the same time we have they’ll move. It gives the EPA at least 15 months to issued our rules, and you can see how But as a business practice they’re re-propose and finalize new and avail- much more stringent the rules we’re going to look at it and see if they can able rules that do not destroy jobs. placing on the industries of America make it work. Now why do I say it is It affects the Cement MACT and two versus the rules that are being placed going to be tough to work? Well let’s related rules. It’s expected to affect ap- on the European industries, our com- look at it. They’re roughly a $6 billion industry. proximately 100—this current set of petitors. The estimated cost agreed upon—and rules is expected to affect 100 cement I don’t mean in any way to criticize the EPA doesn’t dispute this—the esti- plants in America, has already caused the Europeans. I just find it question- mated cost of making the changes to suspension of a new $350 million ce- able, if the Europeans say .05 and we’ve these plants, to meet the requirements ment plant proposed in, I believe, the got .01, and we’re dealing with mer- set by the .01 on mercury, is $3.4 bil- State of Alabama, putting 1,500 con- cury, which is one of the pollutants lion. So the whole industry makes $6 struction jobs on hold. that are discussed in the issue of Port- billion, and they have got to pay $3.4 That’s what this proposed rule has al- land cement factories, then it’s five ready done. What this does is say time billion to fix the problem. times more difficult for us to meet the Now, that is half, more than half of out, EPA, you’re killing jobs. standards. the income from the whole industry to So here’s what we ask you to do. I At least from what the industry says, fix these problems. When you think want you to look at this rule and look there is equipment available to meet about that, that’s a terrible, terrible at it in light of the fact that there’s a the European standard. Our standard hit for people who are in the business possibility that 20 percent or more of at this time doesn’t have equipment of making a profit. I don’t think any- these 100 cement plants will close. available to meet it. So even if they body in America thinks that people are They will either close down and stop wanted to jump in and do it in the 3- supposed to work for no salary and no making Portland cement in the United year time period they have to do it, profit. States, or they will close down until they know they can’t. They don’t think And, by the way, the jobs that we they can open up overseas in an envi- they can meet that standard. They feel have in the cement industry are good- ronment that is, quite honestly, not it’s either going to be cost-prohibitive paying labor jobs. They make some- regulated at all. Not that our Ameri- because of research and development to where between something like $45,000 cans don’t want clean air, they do. But come up with solutions, or it’s not to $65,000 at the lower range and $65,000 if they’ve got the clean air rules that going to be reachable at all, which to $85,000 or $90,000 in the upper range. are going to destroy them because of could cause major fines. After they That’s a good-paying job. the cost, and the fact that they can’t spent millions of dollars trying, they meet the standards and there aren’t said, heck, we just can’t do it. b 2000 scrubbers to help them meet the stand- At least 20 percent of the plants have Now, why would we want to ship that ards, then they’re going to say, well, if already said, hey, we just can’t do it. job out of the country so that America I’m going to stay in business I have got We’re small, small businesses, we’re loses a job and somebody in India or to go someplace where the regulations not the giant conglomerates that peo- China or Mexico gets a job? Why would are not so fierce. ple presume us to be, but most of our we want to do that? That’s a question Now, why do I say they’re fierce? folks that own cement plants own any- we have to ask ourselves. Well, historically when we started off where from one to maybe five, some of What our bill does, it says to the our environmental cleanup—which is a them have a few more. But most of EPA, take another look at this and

VerDate Mar 15 2010 03:48 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.157 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6620 CONGRESSIONAL RECORD — HOUSE October 5, 2011 take into consideration the economic our children from disease, what about give us 5 years—we may do it quicker, impact on our economy, take into con- all of this pollution? We can’t do any- but give us at least 5 years to spread sideration the impact on employment thing about that. We need to, but we out the cost because we’re talking in our economy and the impact on lost can’t. about a lot of cost for an industry that jobs in our economy and the good you So sometimes when you get a job and has to struggle. So give them a chance will do for the health care issues that you work for an agency, you become so to get this thing done in a reasonable are raised and have been raised all day wrapped up in trying to save the world point of time. by the Democratic Party in this Cham- from your standpoint that you don’t Meanwhile, we’re not making the air ber. think about who gets hurt in the proc- any dirtier. We’re just maintaining the Does anybody want sick people? Of ess. But I think it’s pretty clear who status quo which was cleaned up in 1999 course not. And to make that accusa- gets hurt is some people who have and cleaned up again in 2006. So this is tion against those of us who say these some pretty darn good jobs. And that 9 the third new standard. It’s not like we are onerous regulations I think is ridic- percent unemployment figure could have the dirty plants like our foreign ulous. Nobody wants somebody to get rapidly go up just in this industry of competitors. No, we don’t. We cleaned sick, but is what we’re doing going to good American labor folks who lose our act up in 1999 and cleaned them up keep them well? Let’s examine that great-paying jobs. And who do they again in 2006, and the only thing that and see what we think. lose them to? Foreign operations. kept anything from getting done was I’ve shown this map before, but this And then you ask people: Why do our lawsuits filed by environmentalists is a very, very informative map. It tells jobs keep going overseas? At least in who said it wasn’t enough. you the percentage of mercury deposi- the concrete industry, the cement in- Well, the industry tries its best to tion that originates outside of the dustry, we know. meet the standards. Obviously, they United States. And the red is some- Also, as Mr. Obama travels the coun- change almost every 5 years. So what’s where between 78 and 100. So in the try, he loves to talk about we’re going wrong with a period of time that says areas that are tinted red there, the to rebuild infrastructure. We talked give us a chance to have 5 years to mercury that’s in those areas, between about that in the original stimulus change? It’s not unreasonable. It’s a 100 percent and 78 percent of it comes bill, and how out of all those $600 bil- reasonable request to save jobs and from outside this country. It’s because lion or $700 billion, whatever it was we keep an American industry alive in the prevailing winds blow the plume of spent—I know it turned out to be this country. So that’s the example. mercury from the areas where there around 50 or $60 billion that actually That’s what’s being discussed today. are no restrictions and no clean air, went to highways even though we were b 2010 and that would basically be Communist promised we were going to fix all of the Next week and the week after that, China and India. They choose to live highways and bridges, but let’s just as- there will be other bills that are out like that. That’s their choice, but their sume that they are going to fix the there. pollution blows to our country. highways and bridges right now. If the Here is one that’s probably the next The yellow is from 78 to, it looks cement industry is in trouble, then the one to come along, the Boiler MACT like, 58. So between 78 percent and 58 concrete industry is going to be in rules. What does that mean? Well, it percent of the areas marked in yellow trouble. And they have already had a 62 means that we are taking a look at in- are foreign pollution. The green is be- percent reduction in both those indus- dustries and entities that use boilers in tween 58 percent and 19 percent that’s tries in the last 4 years because the their operation either to heat and cool foreign pollution in that area. And the economy has been bad and they’re in or whatever, but they use a boiler to do blue, there is very little blue, just a the construction business. it. And this is going to take place I few dots up on the East Coast and a So how are we going to build a bridge think if not this week, early next couple of dots in the Midwest, the blue across the Mississippi River when we week, maybe tomorrow. is 19 to zero is foreign pollution. have to ship the products that we need Here’s a statement about it. From So with that much mercury as the to make our concrete over from China? hospitals to factories to colleges to in- example coming from other sources, Well, we’ll do it. We’ll figure out a way dustry, thousands of major American putting the kind of burden that this to transport that across the ocean. It employers use boilers that will be im- thing does on our industry, which has can be done. pacted by the EPA’s new Boiler MACT nothing to do with the pollution source But remember when the President rules. These stringent rules will impose from outside our country, and yet told us he found out that shovel-ready billions of dollars in capital and com- we’re going to make our folks meet a jobs in America weren’t always shovel pliance costs, increase the costs of standard of 0.01 when our other clean ready? Well, it’s because something many goods and services, and put over competitor, EU, is 0.05, so you can see stood in between the time the shovel 200,000 people’s jobs at risk. American why the industry would say, yeah, actually got used because there were forest and paper industry, for example, there’s plenty of equipment to meet other things that stood in the way. I will see an additional burden of at least 0.05, but we don’t think we can meet would argue many of those other 5 to $7 billion. 0.01. things were regulations. They were en- H.R. 2250, a bill that we will have, the So what does this mean? Well, it vironmental regulations. They were en- EPA Regulatory Relief Act, sponsored means in Oregon where they have al- dangered species regulations. And now by MORGAN GRIFFITH of Virginia, will ready cleaned up their plant, one plant they would be Portland cement regula- provide a legislative stay of four inter- has announced if these rules go into ef- tions if this regulation stays in place. related rules issued by the EPA in fect, after they’ve cleaned up their Now, is this bill unreasonable? Well, March of this year. The legislation plant to meet the best standards avail- we can analyze that for ourselves. It would also provide the EPA with at able and being told it’s not good doesn’t say we don’t want to clean up least 15 months to repropose and final- enough, they’re saying, We may have the air. It says take another look at ize new and achievable rules that do to close this plant. And people in Or- this. Factor in the economic impact not destroy jobs and provide employers egon are going to lose jobs that pay and the labor impact, and then try to with an extended compliance period. $80,000 to $100,000 a year. come up with a number that we have Sound familiar? It’s basically the What’s wrong with this picture? Well, existing new ideas to clean up to, and same thing. I’ll tell you what’s wrong with it. The that seems to be 0.05. And then when Hold up. What you’re doing could regulators are not thinking about you’ve come up with a final rule that is cost 200,000 jobs and billions of dollars whose job is going to get lost. doable in the industry as it exists—and in extra costs. Take another look at it. And meanwhile, if we cleaned up our that’s part of the direction that EPA is Take a look at the jobs in a possibly 100 plants, and this is the pollution given. It needs to be doable out in the double-dip recession that’s coming up that’s coming in from foreign sources, actual working environment that it’s and say, Is that really what we want to then how in the world are we going to in, not in some laboratory someplace. do? Do we really want to have a poten- say we’re protecting our children from If you put rules together that will do tial of losing 200,000 jobs or more be- disease? Well, if you’re going to protect that, then we’ll all start to do it. And cause we’re not willing to take another

VerDate Mar 15 2010 03:48 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.159 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6621 look and see if there’s not a better idea going to lose. And how are they going can’t stop it unless you get real jobs to make this thing clean? What’s an- to make that up? Guess what? They’re created by real people. And the way other 15 months when you are being not going to hire anybody. you do that is take the unknown out of told these kind of economic ramifica- This is not rocket science. This is their lives at least until we can get our tions are there? And, by the way, give pretty simple. If you don’t have the feet back on the ground. us 4 years to put them in place once money, you can’t hire anybody. And if You know, throwing all the money in you come up with these reasonable you’ve had to spend money you didn’t the world at our problems, we have rules. expect to spend to the tune of 5 to 7 bil- some pretty good examples of how that This is not unreasonable. This is, lion—with a B—dollars, it’s a tremen- doesn’t work, the stimulus bill being again, thinking first about the working dous hit. And that’s just one industry. the perfect example. We threw a half a person and thinking first about our That’s just the forest and paper indus- billion dollars at that solar company economy and what it takes to make try. In that situation, they’re not hir- out there in California that is under our place run in a clean, efficient, and ing anybody. You don’t have to be a ge- Federal investigation by the Justice manageable manner. And if we don’t nius to figure that out. It’s easy for Department for what they did with our get that, we lose jobs. you to figure that out. money. A half a billion dollars was In this environment, for the last 3 So by the very nature of the regula- thrown at those people, and what hap- years, we’ve had an interesting con- tion we’re talking about on boilers, we pened? Where is our money? Where did cept. When we put the stimulus pack- could be looking at the loss of 200,000 it go? They shut the doors. They de- age out there, we were waiting to hear jobs and an extended period that that clared bankruptcy. We threw it at how many jobs we had created. Well, industry isn’t hiring anybody. them in a relatively short period of we heard about a few. Some of those Just to give you an example of the time, 2 or 3 years. That’s a lot of jobs cost a lot of money to create regulations that are out there, we’ve money to blow in 2 or 3 years. We’re them. You get a $40,000-a-year job and already dealt with a bill by Represent- now learning that some of the stuff you spend $1 million of America’s tax ative SCOTT about the National Labor they have is like the—not Mercedes money to get that $40,000-a-year job. Relations Board telling Boeing that Benz, but more the Lamborghini model It’s not real economically feasible, but they couldn’t build a plant in South of furniture and fixtures and so forth, we have some of those jobs. But the Carolina when they wanted to because high-dollar stuff. But the reality is we other thing we heard from people was, South Carolina was not a closed shop threw money at a problem, and the oh, well, it’s not just the jobs we cre- union State. Mr. SULLIVAN today is money didn’t solve it. I don’t think we ate; it’s the jobs we saved. Well, that’s working on the Cement MACT bill. Mr. should throw money at these problems exactly what we’re talking about. GRIFFIN is in line, in the queue, to that we’ve got right now. I think we We’ve got evidence that jobs are come up with solutions for the Boiler should instigate common sense for the going down the tubes as a result of the MACT bill. Mr. MCKINLEY has a bill problems we’ve got right now. action of a United States Government that has to do with coal ash rules. Mrs. I mentioned some of those things bureau, the Environmental Protection NOEM has a bill to deal with farm dust that are out there. We’ve got another Agency. They are going to cause poten- rules. And I, with several of my col- bill that’s very interesting. It has to do tially the loss of 200,000 jobs. Pass this, leagues, have a bill to put a 2-year with cross-state air pollution—CSAPR and we’ve just saved, just like the moratorium on regulations. And we they call this—for utility plants. These Obama administration, we just saved will hopefully come with a bill that are plants that produce electricity. 200,000 jobs. This is good. This is how will be reasonable, accessible, and ac- And the truth is that there was a con- we do things now. We’ve been told for ceptable to the people that are con- cept, it was designed for the eastern the last 3 years this is how we estimate cerned about this and put a stop to this part of the United States because the we’re doing good. question mark that industry is asking: States are a lot smaller in the eastern Now, it didn’t turn out exactly that What’s around the corner? Because part of the United States. So if you’re way, but at least you’re not going to there’s tons of rules around the corner. living in Vermont, New Hampshire— make those unemployment numbers go In the month of July, there’s almost and I’m not picking on them, they’re up. And one of our goals is to stop 300 new major rules that will affect just side by side, fairly small. If a plant those things from going up and start this country with over $100 million or in Vermont has prevailing winds blow- them going down. It’s the goal of every more. There were almost 300 of them. ing into New Hampshire and they’ve American. It’s the goal of the Presi- In August, there were almost 400 of got some pollutant out there, they dent, and it’s the goal of every Amer- them. Now we’re just talking about want to be able to stop the cross-State- ican that works up here on the Hill. We one, two, three, four, five, six, seven, line expansion of pollution into an- have different concepts of how to go right here, bills to deal with seven in- other State. And that’s what these about it. We can look at the concepts stances. But the person who keeps up rules are set for. that have been used thus far and see and looks at these other regulations They set out specifically which what their success is. that are out there says, Holy cow, States would be under these rules— How about looking at some new ideas what’s out there? If these things are they expanded them some, but it was and see how successful those will be? If going to cost, like the example with designed for the Midwest, some south- we can cut costs to people who create this EPA Regulatory Relief Act, if the ern States, and the Northeast. And it jobs, we’ll get more jobs. If we can keep Boiler MACT rules are going to cost specifically, for instance, said Texas is jobs that pay well for the American one industry $7 billion, what about all not under these rules. Then 19 days be- worker, he will be able to buy product. those other rules? We don’t even know fore they issued the final rule they He will be in the market. He will help what they do. And what are they going said, oh well, we decided, even though create demand, and we will have more to do to us? we didn’t test any of the air, didn’t test jobs. any of the directions of the air, didn’t But if we are going to, by an action b 2020 do any monitoring at all in the State of a Federal agency, if we are going to And once again we have to convince of Texas, we’re putting them under the cost 200,000 jobs and cause industry to the people who are standing on the rule anyway, and we’re just going to go out and spend an inordinate sidelines to get back in the game and presume that the prevailing winds blow amount, in the billions of dollars, to hire folks so we’ll have jobs in this the way we think they do. I don’t think make the corrections, how many jobs country. anybody that wrote that rule had ever do you think—when they get it It is unacceptable for us to look at 9 set foot in the State of Texas or they cranked up and meeting the EPA percent unemployment as the low fig- would have known better than that. standards, how many jobs do you think ure for this year. It’s unacceptable. It’s But they presumed that we were blow- they’re going to create after that? been much higher. We’ve come down to ing all of our air, any pollution we cre- Well, first they have to figure out a 9.3, we seem to have stuck there, but ated up to the Midwest and the North- way to make up that 5 to $7 billion that’s unacceptable for an unemploy- east. They presumed that our pre- that the printing industry says they’re ment number in America. But you vailing winds blew from the Southwest

VerDate Mar 15 2010 03:48 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.160 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6622 CONGRESSIONAL RECORD — HOUSE October 5, 2011 to the Northeast. And I think anybody hasn’t rained in—gosh, I don’t know, a I yield back the balance of my time. that lives in Texas knows that’s far long time, at least 4 or 5 months. We f from the prevailing winds in Texas. If had barely a sprinkle on top of my anything, if we have a prevailing wind, patio in the back yard—didn’t even get OMISSION FROM THE CONGRES- it blows from the Gulf of Mexico— my street wet, but they called it rain. SIONAL RECORD OF TUESDAY, which is the Southeast—to the North- I don’t count that. I’m talking about OCTOBER 4, 2011 AT PAGE H6550 west of our country. And the rest of the when it rains. Now, could we get one? West, by the way, is not under these Yeah. We’re a land of wild weather. We rules, with the exception of Oklahoma. could get one tomorrow that would BILL PRESENTED TO THE So these rules are going to impose wash us off the face of the Earth. But PRESIDENT such onerous air standard qualities that’s fine—we could use it. Karen L. Haas, Clerk of the House re- that at least in the State of Texas, But the point is, that sure tells you ports that on October 4, 2011 she pre- with one company, they have 13 power how hot it has been. From starting in sented to the President of the United plants, they’re saying they’re going to May until late in the month of Sep- States, for his approval, the following close two—even before this starts tember, almost the entire State of bill. they’re going to close two. They’re Texas had over 100-degree weather H.R. 2608. An act to provide for an addi- going to close one coal mine. They’re every single day. Normally our hot tional temporary extension of programs going to stop shipping Western coal to weather starts in late July through Au- under the Small Business Act and the Small that part of our State—because these gust, mid-September we’re over 100. We Business Investment Act of 1958, and for are coal-powered plants. So there’s two had 105 and 106 the whole summer long. other purposes. offline right there of the 13 they’ve got Now you can just imagine how much f online. And potentially they could shut electricity got cranked out. ENROLLED BILLS SIGNED down more than that, maybe even half. If we implement the rules that are That’s one company’s power plants. imposed by the EPA, we will double the Karen L. Haas, Clerk of the House, Now, what does that do to you, to us cost of electricity. I’ll use my elec- reported and found truly enrolled bills as American citizens? It makes the tricity bill as an example. The entire of the House of the following titles, price of electricity go up. It makes the summer my electricity bill was ap- which were thereupon signed by the possibility of a brownout and a black- proximately $600 plus a month. What Speaker: out more relevant. If it’s too cold or that’s telling me is look for $1,200 H.R. 771. An act to designate the facility of it’s too hot—and down where we live bucks a month. The guy that’s got $200 the United States Postal Service located at it’s mostly too hot—you might have a bucks a month—which is the average 1081 Elbel Road in Schertz, Texas, as the power outage. If you take power plants smaller home in our area—he’s looking ‘‘Schertz Veterans Post Office’’. offline because they can’t meet EPA at $400 a month. It’s a shocker to have H.R. 1632. An act to designate the facility standards because the standards are of the United States Postal Service located something like that happen to you and at 5014 Gary Avenue in Lubbock, Texas, as too onerous—and quite honestly a com- to realize it had to because people the ‘‘Sergeant Chris Davis Post Office’’. plete surprise in our State because we didn’t think out regulations they im- didn’t even know we were supposed to posed. We can still meet the standards f be under this set of rules—we’re prob- and not put our people at risk. These ADJOURNMENT ably going to have power shortages in are the kinds of things that we’re talk- Mr. CARTER. Mr. Speaker, I move our State. ing about that so concern us. that the House do now adjourn. But that’s not all. The rest of the And the first thing, when this all The motion was agreed to; accord- country has got these rules too, and happens—and the reason I’ve been talk- ingly (at 8 o’clock and 32 minutes they’re just as surprising and onerous ing about this now for almost a year is p.m.), under its previous order, the as they are to us. The only difference because I’m convinced that a lot of House adjourned until tomorrow, between them and us is they knew they Americans believe that when this hap- Thursday, October 6, 2011, at 9 a.m. were going to be under it—this is the pens to them in their life, they believe eastern part of the country. We didn’t this is done because the Congress of the f know we were going to be under it, so United States passed some law that EXECUTIVE COMMUNICATIONS, we’ve got a particularly loud gripe. But caused that to happen. ETC. other States are saying the same thing: b 2030 Holy cow, what are we going to do? Under clause 2 of rule XIV, executive The Midwest, almost all their power They don’t know that it’s an communications were taken from the comes from coal—not in our State; we unelected group of bureaucrats in an Speaker’s table and referred as follows: still have oil and gas. But in the Mid- agency somewhere that made this deci- 3353. A letter from the Under Secretary, west, all their power comes from coal. sion, not Members of this Congress, not Department of Defense, transmitting the What are they going to do when they the people they elect to speak for them semi-annual status report of the U.S. Chem- start shutting down plants? How cold is in Washington, D.C. No, people who ical Demilitarization Program (CDP) for have jobs that they can’t be fired from September 2011, pursuant to 50 U.S.C. 1521(j); it going to be in Chicago this next to the Committee on Armed Services. year—which my dad claims when the and who are entrenched in these agen- 3354. A letter from the Under Secretary, wind blows off the lake is the coldest cies around this town write rules that Department of Defense, transmitting author- place on Earth—how cold is it going to affect the lives of ordinary Americans, ization of six officers to wear the authorized be when they shut down the power and they never know where they came insignia of the grade rear admiral (lower plants in the central part of the United from unless they’re in the industry half); to the Committee on Armed Services. States in the Midwest? It’s a fright- that gets affected. Industry knows 3355. A letter from the Director, Defense ening thought. what bureaucrats do, but the average Procurement and Acquisition Policy, De- American citizen, he doesn’t know. partment of Defense, transmitting the De- The impact on humanity ought to be partment’s final rule — Defense Federal Ac- one of the analyses that’s made when That’s why everywhere I go, I talk quisition Regulation Supplement; Increase you start making an analysis under about this because I want everybody to the Use of Fixed-Price Incentive (Firm Tar- these EPA regulations. Nobody wants know, but particularly I want my folks get) Contracts (DFARS Case 2011-D010) (RIN: to dirty up the air, but you can do it back home that I represent to know 0750-AH15) received September 8, 2011, pursu- with reasonable assumptions as to how just what these agencies do on their ant to 5 U.S.C. 801(a)(1)(A); to the Committee much harm you’re going to do when causes that causes the cost of living to on Armed Services. you start doing it. And the harm we’re go up. 3356. A letter from the Associate General Well, I’m about through, so I’ll do Counsel for Legislation and Regulations, De- looking at here is a lot of harm. It’s partment of Housing and Urban Develop- downright scary what can happen in a this the easy way. I want to thank the ment, transmitting the Department’s final cold winter or a hot summer. Speaker for his patience. I’ve got plen- rule — Implementation of Office of Manage- We’re in the middle of a drought ty more to talk about. We’ll talk about ment and Budget Guidance on Drug-Free right now in Texas. And where I live, it it on another day. Workplace Requirements [Docket No.: FR-

VerDate Mar 15 2010 03:48 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K05OC7.161 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6623 5471-F-01] (RIN: 2501-AD54) received August 9, 3368. A letter from the Director, Office of 02] (RIN: 2120-AA64) received September 9, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Personnel Management, transmitting the Of- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Financial Services. fice’s final rule — Federal Employees’ Re- Committee on Transportation and Infra- 3357. A letter from the Secretary, Depart- tirement System; Present Value Conversion structure. ment of Education, transmitting the Depart- Factors for Spouses of Deceased Separated 3378. A letter from the Co-Chairs, Commis- ment’s final rule — Early Intervention Pro- Employees (RIN: 3206-AM29) received Sep- sion on Wartime Contracting in Iraq and Af- gram for Infants and Toddlers With Disabil- tember 6, 2011, pursuant to 5 U.S.C. ghanistan, transmitting a letter informing ities (RIN: 1820-AB59) received September 8, 801(a)(1)(A); to the Committee on Oversight the Commission’s final report will be sub- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the and Government Reform. mitted by August 31, 2011; jointly to the Committee on Education and the Workforce. 3369. A letter from the Director, Office of Committees on Armed Services and Foreign 3358. A letter from the Director, Regula- Personnel Management, transmitting the Of- Affairs. tions Policy and Management Staff, Depart- fice’s final rule — Personnel Records (RIN: 3379. A letter from the Fiscal Assistant ment of Health and Human Services, trans- 3206-AM05) received September 6, 2011, pursu- Secretary, Department of the Treasury, mitting the Department’s final rule — Med- ant to 5 U.S.C. 801(a)(1)(A); to the Committee transmitting a report concerning the oper- ical Devices; Ophthalmic Devices; Classifica- on Oversight and Government Reform. ations and status of the Government Securi- tion of the Eyelid Thermal Pulsation System 3370. A letter from the Inspector General, ties Investment fund (G-Fund) of the Federal [Docket No.: FDA-2011-M-0570] received Sep- Railroad Retirement Board, transmitting Employees Retirement System during the tember 8, 2011, pursuant to 5 U.S.C. the Board’s budget request for fiscal year debt issuance suspension period, pursuant to 801(a)(1)(A); to the Committee on Energy and 2013, in accordance with Section 7(f) of the 5 U.S.C. 8348(h); jointly to the Committees Commerce. Railroad Retirement Act, pursuant to 45 on Oversight and Government Reform and 3359. A letter from the Chief of Staff, Media U.S.C. 231f(f); to the Committee on Oversight Ways and Means. Bureau, Federal Communications Commis- and Government Reform. sion, transmitting the Commission’s final 3371. A letter from the Director, Congres- f rule — Amendment of Section 73.622(i), Post- sional, Legislative and Intergovernmental Transition Table of DTV Allotments, Tele- REPORTS OF COMMITTEES ON Affairs, Federal Election Commission, trans- PUBLIC BILLS AND RESOLUTIONS vision Broadcast Stations (El Paso, Texas) mitting a letter informing of the Commis- [MB Docket No.: 11-74] (RM-11630) received sion’s revision of two disclosure forms; to Under clause 2 of rule XIII, reports of September 12, 2011, pursuant to 5 U.S.C. the Committee on House Administration. committees were delivered to the Clerk 801(a)(1)(A); to the Committee on Energy and 3372. A letter from the Chief Administra- Commerce. for printing and reference to the proper tive Officer, transmitting the quarterly re- calendar, as follows: 3360. A letter from the Director, Defense port of receipts and expenditures of appro- Security Cooperation Agency, transmitting priations and other funds for the period July Mr. MICA: Committee on Transportation Transmittal No. 11-14, pursuant to the re- 1, 2011 through September 30, 2011 as com- and Infrastructure. H.R. 2594. A bill to pro- porting requirements of Section 36(b)(1) of piled by the Chief Administrative Officer, hibit operators of civil aircraft of the United the Arms Export Control Act, as amended; to pursuant to 2 U.S.C. 104a Public Law 88-454; States from participating in the European the Committee on Foreign Affairs. (H. Doc. No. 112—63); to the Committee on Union’s emissions trading scheme, and for 3361. A letter from the Assistant Secretary House Administration and ordered to be other purposes (Rept. 112–232 Pt. 1). Referred For Export Administration, Department of to the Committee of the Whole House on the Commerce, transmitting the Department’s printed. 3373. A letter from the Management and state of the Union. final rule — Implementation of a Decision Program Analyst, Regulatory Products Divi- Mr. MILLER of Florida: Committee on Adopted under the Australia Group (AG) sion, EXSO, USCIS, Department of Home- Veterans’ Affairs. H.R. 1025. A bill to amend Intersessional Silent Approval Procedures in land Security, transmitting the Depart- title 38, United States Code, to recognize the 2010 and Related Editorial Amendments ment’s final rule — Immigration Benefits service in the reserve components of certain [Docket No.: 110222155-1110-01] (RIN: 0694- Business Transformation, Increment I [CIS persons by honoring them with status as vet- AF14) received September 8, 2011, pursuant erans under law (Rept. 112–233). Referred to to 5 U.S.C. 801(a)(1)(A); to the Committee on No.: 2481-09; DHS Docket No.: USCIS-2009- 0022] (RIN: 1615-AB83) received August 30, the Committee of the Whole House on the Foreign Affairs. state of the Union. 3362. A letter from the Assistant Secretary 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. MILLER of Florida: Committee on For Export Administration, Department of Committee on the Judiciary. Veterans’ Affairs. H.R. 1263. A bill to amend Commerce, transmitting the Department’s 3374. A letter from the Senior Program An- the Servicemembers Civil Relief Act to pro- final rule — Export Administration Regula- alyst, Department of Transportation, trans- vide surviving spouses with certain protec- tions: Netherlands Antilles, Curacao, Sint mitting the Department’s final rule — Air- tions relating to mortgages and mortgage Maarten and Timor-Leste [Docket No.: worthiness Directives; Fokker Services B.V. foreclosures; with amendment (Rept. 112– 110802457-1467-01] (RIN: 0694-AF18) received Model F.28 Mark 1000, 2000, 3000, and 4000 Air- September 8, 2011, pursuant to 5 U.S.C. planes [Docket No.: FAA-2011-0472; Direc- 234). Referred to the Committee of the Whole 801(a)(1)(A); to the Committee on Foreign Af- torate Identifier 2011-NM-005-AD; Amend- House on the state of the Union. fairs. ment 39-16767; AD 2011-17-03] (RIN: 2120-AA64) Mr. MILLER of Florida: Committee on 3363. A letter from the Assistant Secretary, received September 9, 2011, pursuant to 5 Veterans’ Affairs. H.R. 2074. A bill to amend Legislative Affairs, Department of State, U.S.C. 801(a)(1)(A); to the Committee on title 38, United States Code, to require a transmitting Report and Determinations Transportation and Infrastructure. comprehensive policy on reporting and Pursuant to Section 804 of the Palestine Lib- 3375. A letter from the Senior Program An- tracking sexual assault incidents and other eration Organization Commitments Compli- alyst, Department of Transportation, trans- safety incidents that occur at medical facili- ance Act of 1989, as Amended, and Sections mitting the Department’s final rule — Air- ties of the Department of Veterans Affairs; 603-604 and 699 of the Foreign Relations Au- worthiness Directives; Pratt & Whitney (PW) with amendments (Rept. 112–235). Referred to thorization Act, Fiscal Year 2003 (P.L. 107- Models PW4074 and PW4077 Turbofan Engines the Committee of the Whole House on the 228); to the Committee on Foreign Affairs. [Docket No.: FAA-2010-1095; Directorate state of the Union. 3364. A letter from the Speaker, Identifier 2009-NE-40-AD; Amendment 39- Mr. MILLER of Florida: Committee on Kyrgyzstan Parliament, transmitting a let- 16742; AD 2011-14-07] (RIN: 2120-AA64) received Veterans’ Affairs. H.R. 2302. A bill to amend ter congratulating the United States on its September 9, 2011, pursuant to 5 U.S.C. title 38, United States Code, to direct the Independence Day; to the Committee on For- 801(a)(1)(A); to the Committee on Transpor- Secretary of Veterans Affairs to notify Con- eign Affairs. tation and Infrastructure. gress of conferences sponsored by the De- 3365. A letter from the Director, Office of 3376. A letter from the Senior Program An- partment of Veterans Affairs; with amend- Human Resources, Environmental Protec- alyst, Department of Transportation, trans- ments (Rept. 112–233). Referred to the Com- tion Agency, transmitting a report pursuant mitting the Department’s final rule — Air- mittee of the Whole House on the state of to the Federal Vacancies Reform Act of 1998; worthiness Directives; Bombardier, Inc. the Union. to the Committee on Oversight and Govern- Model DHC-8-400 Series Airplanes [Docket DISCHARGE OF COMMITTEE No.: FAA-2011-0470; Directorate Identifier ment Reform. Pursuant to clause 2 of rule XIII the 3366. A letter from the Solicitor, National 2010-NM-190-AD; Amendment 39-16768; AD Labor Relations Board, transmitting a re- 2011-17-04] (RIN: 2120-AA64) received Sep- Committee on Foreign Affairs dis- port pursuant to the Federal Vacancies Re- tember 9, 2011, pursuant to 5 U.S.C. charged from further consideration. form Act of 1998; to the Committee on Over- 801(a)(1)(A); to the Committee on Transpor- H.R. 2594 referred to the Committee of sight and Government Reform. tation and Infrastructure. the Whole House on the state of the 3367. A letter from the Director, Office of 3377. A letter from the Senior Program An- Union, and ordered to be printed. Personnel Management, transmitting the Of- alyst, Department of Transportation, trans- fice’s final rule — Pay for Sunday Work mitting the Department’s final rule — Air- f (RIN: 3206-AM08) received September 6, 2011, worthiness Directives; Airbus Model A320- PUBLIC BILLS AND RESOLUTIONS pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 214, -232, and -233 Airplanes [Docket No.: mittee on Oversight and Government Re- FAA-2011-0305; Directorate Identifier 2010- Under clause 2 of rule XII, public form. NM-186-AD; Amendment 39-16766; AD 2011-17- bills and resolutions of the following

VerDate Mar 15 2010 03:48 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\L05OC7.000 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H6624 CONGRESSIONAL RECORD — HOUSE October 5, 2011 titles were introduced and severally re- By Mr. SCALISE (for himself, Mr. bia and territories of the United States for ferred, as follows: CAMPBELL, Mr. GINGREY of Georgia, display in the United States Capitol; to the Mr. HARRIS, Mr. STUTZMAN, Mrs. Committee on House Administration. By Mr. KLINE (for himself, Mr. MYRICK, Mrs. BLACKBURN, Mr. FLO- By Mr. NEUGEBAUER: MCKEON, Mr. WILSON of South Caro- RES, and Mr. BROOKS): H.R. 3107. A bill to amend the Federal Crop lina, Ms. FOXX, Mr. HUNTER, Mr. ROE H.R. 3099. A bill to amend the Internal Rev- Insurance Act to provide producers with the of Tennessee, Mr. THOMPSON of Penn- enue Code of 1986 to provide for taxpayers opportunity to purchase crop insurance cov- sylvania, Mr. WALBERG, Mr. making donations with their returns of in- erage based on both an individual yield and ESJARLAIS, Mr. ROKITA, Mr. D come tax to the Federal Government to pay loss basis and an area yield and loss basis in BUCSHON, Mr. GOWDY, Mrs. ROBY, Mr. down the public debt; to the Committee on order to allow producers to cover all or a ROSS of Florida, and Mr. KELLY): Ways and Means. portion of their deductible under the indi- H.R. 3094. A bill to amend the National By Mr. CANSECO (for himself, Mr. vidual yield and loss policy, to improve the Labor Relations Act with respect to rep- resentation hearings and the timing of elec- SMITH of Texas, Mr. CUELLAR, and accuracy of actual production history deter- tions of labor organizations under that Act; Mr. GONZALEZ): minations, and for other purposes; to the H.R. 3100. A bill to authorize the Secretary to the Committee on Education and the Committee on Agriculture. of the Interior to expand the boundary of the Workforce. By Ms. NORTON: San Antonio Missions National Historical By Mr. SAM JOHNSON of Texas: H.R. 3108. A bill to amend the Congres- H.R. 3095. A bill to freeze the implementa- Park, to conduct a study of potential land sional Accountability Act of 1995 to provide tion of the health reform law, to establish a acquisitions, and for other purposes; to the enhanced enforcement authority for occupa- commission to evaluate its impact on the de- Committee on Natural Resources. tional safety and health protections applica- livery of health care to current Medicare re- By Mr. CONAWAY (for himself, Mr. ble to the legislative branch, to provide cipients, job creation, current health insur- FLORES, Mr. CULBERSON, Mr. THORN- whistleblower protections and other ance coverage, participation in State ex- BERRY, Mr. CANSECO, Mr. GRIFFIN of antidiscrimation protections for employees changes, and the Federal deficit, and for Arkansas, Mr. HENSARLING, Mr. of the legislative branch, and for other pur- other purposes; to the Committee on Energy FARENTHOLD, Mrs. HARTZLER, Mr. poses; to the Committee on House Adminis- and Commerce, and in addition to the Com- OLSON, Mr. WILSON of South Caro- tration, and in addition to the Committees mittees on Ways and Means, Education and lina, Mr. BILBRAY, Mr. BROOKS, Mrs. on the Judiciary, and Education and the the Workforce, Natural Resources, the Judi- BLACKBURN, Mr. PITTS, Mr. COLE, Mr. Workforce, for a period to be subsequently ciary, House Administration, Appropria- RIBBLE, Mr. BARTLETT, Mr. GENE determined by the Speaker, in each case for tions, and Rules, for a period to be subse- GREEN of Texas, and Mr. CUELLAR): consideration of such provisions as fall with- quently determined by the Speaker, in each H.R. 3101. A bill to repeal a limitation on in the jurisdiction of the committee con- case for consideration of such provisions as Federal procurement of certain fuels; to the cerned. fall within the jurisdiction of the committee Committee on Oversight and Government By Ms. PINGREE of Maine (for herself, concerned. Reform. Mr. ANDREWS, Mr. BLUMENAUER, Ms. By Mr. SCALISE (for himself, Mr. BON- By Ms. DELAURO (for herself, Mr. BORDALLO, Mrs. CAPPS, Mrs. NER, Mr. MILLER of Florida, Mr. ISRAEL, Mr. ACKERMAN, Ms. CASTOR CHRISTENSEN, Mr. CONNOLLY of Vir- OLSON, Mr. PALAZZO, Mr. of Florida, Mrs. CHRISTENSEN, Ms. ginia, Mr. FARR, Mr. FILNER, Mr. SOUTHERLAND, Mr. RICHMOND, Mr. CLARKE of New York, Mr. CONYERS, KEATING, Ms. LEE of California, Mr. ROSS of Florida, Mr. RIVERA, Mr. Mr. DEUTCH, Mr. FARR, Mr. HINCHEY, MCINTYRE, Mr. MORAN, Mr. PIERLUISI, CRENSHAW, Mr. DIAZ-BALART, Mr. Mr. JACKSON of Illinois, Ms. LEE of Mr. QUIGLEY, Ms. SLAUGHTER, Mr. BOUSTANY, Mr. THOMPSON of Mis- California, Mr. MARKEY, Ms. MATSUI, TONKO, and Ms. WOOLSEY): sissippi, Mr. LANDRY, Mr. ALEX- Ms. MOORE, Mr. RUSH, Ms. SCHA- H.R. 3109. A bill to amend the Coastal Zone ANDER, Mr. ADERHOLT, Mr. BACHUS, KOWSKY, Mr. RANGEL, and Mr. LARSON Management Act of 1972 to require establish- Mrs. ROBY, Mr. ROGERS of Alabama, of Connecticut): ment of a Working Waterfront Grant Pro- Ms. SEWELL, Mr. CASSIDY, Mr. WEST, H.R. 3102. A bill to require that every gram, and for other purposes; to the Com- Mr. BROOKS, Mr. HARPER, and Mr. mammography summary delivered to a pa- mittee on Natural Resources. NUNNELEE): tient after a mammography examination, as By Mr. REED (for himself and Mr. H.R. 3096. A bill to restore the natural re- required by section 354 of the Public Health HANNA): sources, ecosystems, fisheries, marine and Service Act (commonly referred to as the H.R. 3110. A bill to exempt drivers used by wildlife habitats, beaches, and coastal wet- ‘‘Mammography Quality Standards Act of motor carriers from certain regulations if lands of Gulf Coast States, to create jobs and 1992’’), contain information regarding the pa- transporting grapes during a harvest period, revive the economic health of communities tient’s breast density and language commu- and for other purposes; to the Committee on adversely affected by the explosion on, and nicating that individuals with more dense Transportation and Infrastructure. sinking of, the mobile offshore drilling unit breasts may benefit from supplemental By Mr. STUTZMAN: Deepwater Horizon, and for other purposes; screening tests, and for other purposes; to H.R. 3111. A bill to reform and reauthorize to the Committee on Transportation and In- the Committee on Energy and Commerce. agricultural programs, and for other pur- frastructure, and in addition to the Commit- By Mr. FALEOMAVAEGA: poses; to the Committee on Agriculture, and tees on Natural Resources, and Science, H.R. 3103. A bill to establish a Commission in addition to the Committee on Ways and Space, and Technology, for a period to be on Recognition of Indian Tribes to review Means, for a period to be subsequently deter- subsequently determined by the Speaker, in and act on petitions by Indian groups apply- mined by the Speaker, in each case for con- each case for consideration of such provi- ing for Federal recognition, and for other sideration of such provisions as fall within sions as fall within the jurisdiction of the purposes; to the Committee on Natural Re- the jurisdiction of the committee concerned. committee concerned. sources. By Mr. TURNER of Ohio: By Mr. GOODLATTE (for himself, Mr. By Mr. GRAVES of Georgia (for him- H.R. 3112. A bill to require that certain ac- COSTA, Mr. CARDOZA, Mr. MATHESON, self, Mr. MULVANEY, Mr. COLE, Mr. tions be taken with respect to complaints re- Mr. WOMACK, Mr. HARRIS, Mr. MORAN, BARTLETT, Mr. SOUTHERLAND, Mr. ceived by the Department of Commerce of Mr. CRAWFORD, Mr. WITTMAN, Mrs. FRANKS of Arizona, Mr. WALSH of Illi- nontariff barriers imposed by other coun- ELLMERS, Mr. CUELLAR, Mr. MCIN- nois, and Mr. HUELSKAMP): tries, and for other purposes; to the Com- TYRE, Mr. HURT, Mr. ROONEY, Mr. H.R. 3104. A bill to amend the Internal Rev- mittee on Ways and Means. MCCLINTOCK, Mr. WELCH, Mr. GRAVES enue Code of 1986 to provide penalty free dis- By Mr. YOUNG of Alaska: of Georgia, Mr. GRIFFIN of Arkansas, tributions from certain retirement plans for H.R. 3113. A bill to ensure the icebreaking Mr. SIMPSON, Mr. BOREN, Mr. mortgage payments with respect to a prin- capabilities of the United States; to the NUNNELEE, Mr. ROSS of Arkansas, Mr. cipal residence and to modify the rules gov- Committee on Transportation and Infra- BACA, Mr. PITTS, Mr. BUTTERFIELD, erning hardship distributions; to the Com- structure. Mr. BARROW, and Mr. GRIFFITH of Vir- mittee on Ways and Means. By Mr. ROHRABACHER: ginia): By Mr. HASTINGS of Florida: H. Res. 422. A resolution expressing the H.R. 3097. A bill to partially waive the re- H.R. 3105. A bill to amend the Internal Rev- sense of the House of Representatives regard- newable fuel standard when corn inventories enue Code of 1986 to impose a surcharge on ing the superiority of capitalism as an eco- are low; to the Committee on Energy and high income individuals; to the Committee nomic model; to the Committee on Financial Commerce. on Ways and Means. Services. By Mr. GOODLATTE (for himself, Mr. By Mr. DANIEL E. LUNGREN of Cali- By Mr. ROHRABACHER (for himself FLAKE, Mr. ROSS of Florida, Mr. fornia (for himself, Mr. HARPER, Ms. and Mr. GOHMERT): MCCLINTOCK, Mr. GRAVES of Georgia, NORTON, Mr. PIERLUISI, Ms. H. Res. 423. A resolution expressing the Mr. DENHAM, and Mr. NUNES): BORDALLO, Mr. FALEOMAVAEGA, Mrs. sense of the House of Representatives that in H.R. 3098. A bill to repeal the renewable CHRISTENSEN, Mr. SABLAN, and Mr. order to increase and sustain pressure on the fuel program of the Environmental Protec- PLATTS): Taliban, their terrorist allies and supporters, tion Agency; to the Committee on Energy H.R. 3106. A bill to provide for the fur- enable an expeditious and safe withdrawal of and Commerce. nishing of statues by the District of Colum- United States and NATO soldiers, reducing

VerDate Mar 15 2010 03:48 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\L05OC7.100 H05OCPT1 rfrederick on DSK6VPTVN1PROD with HOUSE October 5, 2011 CONGRESSIONAL RECORD — HOUSE H6625 the great cost in lives and money, the United Congress has the power to enact this legis- By Mr. NEUGEBAUER: States should empower and recognize Af- lation pursuant to the following: H.R. 3107. ghanistan’s ethnic diversity through free This bill is enacted pursuant to the power Congress has the power to enact this legis- local and provincial elections and replace granted to Congress under Article I, Section lation pursuant to the following: the present failed centralized system of gov- 8, Clause 1 of the United States Constitution. Article I, Section 8, Clause 1 ernment with a federal political structure By Mr. GOODLATTE: The Congress shall have Power to lay and that ensured the full participation of all eth- H.R. 3097. collect Taxes, Duties, Imposts and Excises, nic communities; to the Committee on For- Congress has the power to enact this legis- to pay the Debts and provide for the common eign Affairs. lation pursuant to the following: Defense and general Welfare of the United By Ms. WATERS: Article I, Section 8. States; but all Duties, Imposts and Excises H. Res. 424. A resolution honoring the Cul- By Mr. GOODLATTE: shall be uniform throughout the United tural Initiative, Inc. on the 20th anniversary H.R. 3098. States. of the first hip hop conference at Howard Congress has the power to enact this legis- By Ms. NORTON: University; to the Committee on Education lation pursuant to the following: H.R. 3108. Article I, Section 8. and the Workforce. Congress has the power to enact this legis- By Mr. SCALISE: lation pursuant to the following: f H.R. 3099. Clause 18 of section 8 of article I of the MEMORIALS Congress has the power to enact this legis- lation pursuant to the following: Constitution. Under clause 4 of rule XXII, memo- Article I, Section 8, Clause 1 of the United By Ms. PINGREE of Maine: rials were presented and referred as fol- States Constitution H.R. 3109. lows: By Mr. CANSECO: Congress has the power to enact this legis- lation pursuant to the following: 157. The SPEAKER presented a memorial H.R. 3100. Congress has the power to enact this legis- Article I, Section 8, Clause 1—The Con- of the House of Representatives of the State gress shall have Power To lay and collect of Michigan, relative to House Resolution lation pursuant to the following: Article I, Section 8, Clause 1 (relating to Taxes, Duties, Imposts and Excises, to pay No. 96 urging the Congress to modernize the the Debts and provide for the common De- Toxic Substances Control Act; to the Com- the power of Congress to provide for the gen- eral welfare of the United States) and Clause fense and general Welfare of the United mittee on Energy and Commerce. States; but all Duties, Imposts and Excises 158. Also, a memorial of the General As- 18 (relating to the power of Congress to make shall be uniform throughout the United sembly of the State of California, relative to all laws necessary and proper for carrying States. Assembly Joint Resolution No. 3 urging the out the powers vested in Congress and the By Mr. REED: Congress to extend the alternative minimum Executive Branch), and Article IV, Section 3, H.R. 3110. tax holiday for private activity bonds; to the Clause 2 (relating to the power of Congress Congress has the power to enact this legis- Committee on Ways and Means. to dispose of and make all needful rules and lation pursuant to the following: 159. Also, a memorial of the House of Rep- regulations respecting the territory or other Article 1, Section 8, Clause 3—the Power to resentatives of the State of Louisiana, rel- property belonging to the United States) of regulate Commerce with foreign Nations, ative to House Concurrent Resolution No. 173 the Constitution of the United States. and among the several States, and with the urging the Congress to take such actions as By Mr. CONAWAY: Indian Tribes. are necessary to provide adequate funding H.R. 3101. By Mr. STUTZMAN: for essential dredging activities and removal Congress has the power to enact this legis- H.R. 3111. of navigation hazards on the Calcasieu Ship lation pursuant to the following: This bill is enacted pursuant to the powers Congress has the power to enact this legis- Channel; to the Committee on Transpor- granted to Congress under Article I, Section lation pursuant to the following: tation and Infrastructure. 160. Also, a memorial of the House of Rep- 9, Clause 7 of the United States Constitution. This bill is enacted pursuant to the power resentatives of the State of Louisiana, rel- By Ms. DELAURO: granted to Congress under Article 1, Section ative to House Concurrent Resolution No. 90 H.R. 3102. 8, Clause 3 of the United States Constitution. Congress has the power to enact this legis- urging the Congress to provide a cost-of-liv- Article 1, Section 8, Clause 3 of the United lation pursuant to the following: ing adjustment or some alternate benefit in- States Constitution bestows upon Congress Article I, Section 8, Clause 1 of the United crease for Social Security recipients as soon the authority ‘‘To regulate Commerce with States Constitution. as practicable; to the Committee on Ways foreign Nations, and among the several By Mr. FALEOMAVAEGA: and Means. States, and with the Indian Tribes.’’ H.R. 3103. Congress is within its constitutionally pre- f Congress has the power to enact this legis- scribed role to reform, limit, or abolish pro- CONSTITUTIONAL AUTHORITY lation pursuant to the following: grams maintained by the United States De- Article I, Section 8, Clause 18—The Con- STATEMENT partment of Agriculture, a body which has gress shall have Power * * * To make all regulated interstate commerce under the Pursuant to clause 7 of rule XII of Laws which shall be necessary and proper for auspices of Congress. the Rules of the House of Representa- carrying into Execution the foregoing Pow- By Mr. TURNER of Ohio: tives, the following statements are sub- ers, and all other Powers vested by the Con- H.R. 3112. mitted regarding the specific powers stitution in the Government of the United Congress has the power to enact this legis- States, or in any Department or Officer granted to Congress in the Constitu- lation pursuant to the following: thereof. Article I, Section 8, Clause 3 tion to enact the accompanying bill or By Mr. GRAVES of Georgia: joint resolution. The Congress shall have Power * * * to H.R. 3104. regulate Commerce with foreign Nations, By Mr. KLINE: Congress has the power to enact this legis- and among the several States, and with the H.R. 3094. lation pursuant to the following: Indian Tribes. 16th Amendment—The Congress shall have Congress has the power to enact this legis- By Mr. YOUNG of Alaska: power to lay and collect taxes on incomes, lation pursuant to the following: H.R. 3113. Article I, section 8 of the Constitution of from whatever source derived, without ap- Congress has the power to enact this legis- the United States portionment among the several States, and lation pursuant to the following: By Mr. SAM JOHNSON of Texas: without regard to any census or enumera- Article 1, Section 8, Clause 3 and Article 1, H.R. 3095. tion. Section 8, Clause 1. Congress has the power to enact this legis- By Mr. HASTINGS of Florida: lation pursuant to the following: H.R. 3105. f ‘‘The constitutional authority of Congress Congress has the power to enact this legis- to enact this legislation is provided by Arti- lation pursuant to the following: ADDITIONAL SPONSORS cle I, section 8 of the United States Constitu- The Sixteenth Amendment to the Con- Under clause 7 of rule XII, sponsors tion, specifically clause 1 (relating to pro- stitution of the United States. were added to public bills and resolu- viding for the general welfare of the United By Mr. DANIEL E. LUNGREN of Cali- States) and clause 18 (relating to the power fornia: tions as follows: to make all laws necessary and proper for H.R. 3106. H.R. 10: Mr. FRELINGHUYSEN and Mr. GARY carrying out the powers vested in Congress), Congress has the power to enact this legis- G. MILLER of California. and Article IV, section 3, clause 2 (relating lation pursuant to the following: H.R. 104: Mr. ROSKAM. to the power of Congress to dispose of and The constitutional authority on which this H.R. 178: Ms. TSONGAS. make all needful rules and regulations re- bill rests is the power of Congress to exercise H.R. 196: Ms. CASTOR of Florida. specting the territory or other property be- exclusive legislation, in all cases whatso- H.R. 210: Mr. PASTOR of Arizona, Mr. SHER- longing to the United States).’’ ever, over the District of Columbia as de- MAN, Mr. KUCINICH, Mrs. MCCARTHY of New By Mr. SCALISE: scribed in Section 8 of Article I of the Con- York, and Ms. MCCOLLUM. H.R. 3096. stitution of the United States of America. H.R. 361: Mr. CARTER.

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H.R. 382: Mr. GUTIERREZ. H.R. 1905: Mr. AKIN, Mr. FARENTHOLD, Mr. H.R. 2621: Mr. GARDNER. H.R. 384: Ms. KAPTUR. GONZALEZ, Mr. CRENSHAW, Mr. JOHNSON of H.R. 2637: Mr. POLIS. H.R. 402: Mr. SARBANES and Mr. CARNEY. Georgia, Ms. WASSERMAN SCHULTZ, Mr. H.R. 2657: Mr. FARR and Mr. MCGOVERN. H.R. 436: Mr. DUNCAN of Tennessee, Mr. PALAZZO, and Mr. REED. H.R. 2668: Mr. KING of New York. DONNELLY of Indiana, and Mr. DANIEL E. H.R. 1936: Mr. POSEY and Mr. ROE of Ten- H.R. 2671: Mr. MCCAUL and Mr. KING of New LUNGREN of California. nessee. York. H.R. 452: Mr. LUCAS. H.R. 1941: Ms. SUTTON. H.R. 2672: Mr. KINZINGER of Illinois. H.R. 531: Mr. CONNOLLY of Virginia and Mr. H.R. 1943: Mr. GARAMENDI. H.R. 2674: Mr. HEINRICH and Mr. KELLY. PETERSON. H.R. 1946: Mr. LUCAS. H.R. 2675: Mr. STIVERS. H.R. 553: Mr. HINCHEY. H.R. 1965: Mr. SMITH of Washington and Mr. H.R. 2699: Mr. THOMPSON of Pennsylvania H.R. 640: Mr. CLAY and Mr. MURPHY of Con- HINOJOSA. and Mr. KLINE. necticut. H.R. 1984: Mr. MORAN. H.R. 2701: Mr. JACKSON of Illinois. H.R. 645: Mr. MCCLINTOCK. H.R. 2015: Mr. JACKSON of Illinois. H.R. 2720: Mr. POE of Texas. H.R. 674: Mr. MCNERNEY, Mr. COLE, Mr. H.R. 2030: Mr. CICILLINE, Mr. RYAN of Ohio, H.R. 2723: Mr. HANABUSA, Mr. CONYERS, Ms. BUCHANAN, and Mr. GRAVES of Georgia. Ms. ZOE LOFGREN of California, and Mr. FIL- EDDIE BERNICE JOHNSON of Texas, Mr. H.R. 689: Ms. RICHARDSON. NER. KEATING, Ms. SEWELL, Mr. CUMMINGS, Mr. H.R. 711: Ms. CHU. H.R. 2033: Ms. NORTON and Mr. MURPHY of DAVID SCOTT of Georgia, Mr. HASTINGS of H.R. 733: Mr. FRELINGHUYSEN and Mr. Connecticut. Florida, Ms. FUDGE, Mr. DEUTCH, Ms. TOWNS. H.R. 2040: Mr. STEARNS and Mr. LANKFORD. HOCHUL, Ms. MOORE, Mr. CICILLINE, Mr. H.R. 2059: Mrs. ROBY, Mr. WILSON of South H.R. 750: Mr. NUNNELEE. BUTTERFIELD, and Ms. RICHARDSON. Carolina, Mr. CASSIDY, Mr. DESJARLAIS, Mr. H.R. 787: Mr. SCOTT of South Carolina. H.R. 2724: Mr. HANABUSA, Mr. CONYERS, Ms. ORBES OMPEO UNCAN H.R. 817: Mr. RUNYAN. F , Mr. P , Mr. D of South EDDIE BERNICE JOHNSON of Texas, Mr. H.R. 835: Mr. MARINO. Carolina, Mr. BILIRAKIS, Mr. GALLEGLY, Mr. KEATING, Ms. SEWELL, Mr. CUMMINGS, Mr. H.R. 860: Mr. LIPINSKI, Mr. SERRANO, Mr. AUSTRIA, and Mr. TURNER of New York. DAVID SCOTT of Georgia, Mr. CICILLINE, Mr. H.R. 2077: Mr. GRIMM. NEUGEBAUER, Mr. BRADY of Pennsylvania, BUTTERFIELD, and Ms. RICHARDSON. H.R. 2104: Ms. NORTON and Mr. SMITH of Mr. RICHMOND, and Mr. KING of New York. H.R. 2725: Ms. HANABUSA, Mr. CONYERS, Ms. Washington. H.R. 881: Mr. ROHRABACHER. EDDIE BERNICE JOHNSON of Texas, Mr. H.R. 2123: Mr. JACKSON of Illinois. H.R. 886: Mr. KINZINGER of Illinois, Mr. KEATING, Ms. SEWELL, Mr. CUMMINGS, Mr. H.R. 2131: Mr. WELCH, Mr. JONES, and Ms. FLEMING, Mr. GIBSON, and Mr. HOYER. DAVID SCOTT of Georgia, Mr. CICILLINE, Mr. PINGREE of Maine. H.R. 891: Mr. HOLT. BUTTERFIELD, and Ms. RICHARDSON. H.R. 2159: Mr. MCNERNEY and Mr. BACA. H.R. 905: Mr. PAULSEN. H.R. 2726: Ms. HANABUSA, Mr. CONYERS, Ms. H.R. 2167: Mrs. MALONEY, Mr. HINOJOSA, H.R. 942: Mr. DOLD. EDDIE BERNICE JOHNSON of Texas, Mr. Mr. SMITH of Washington, and Mr. CARNEY. H.R. 951: Mr. WALSH of Illinois. KEATING, Ms. SEWELL, Mr. CUMMINGS, Mr. H.R. 2180: Mrs. MALONEY and Mr. HINCHEY. DAVID SCOTT of Georgia, Mr. CICILLINE, Mr. H.R. 997: Mr. UPTON. H.R. 2187: Mrs. NAPOLITANO. H.R. 998: Mr. DOGGETT. H.R. 2234: Mr. POLIS, Ms. DELAURO, Ms. BUTTERFIELD, and Ms. RICHARDSON. H.R. 2727: Ms. HANABUSA, Mr. CONYERS, Ms. H.R. 1048: Mr. DOGGETT. BROWN of Florida, Ms. JACKSON LEE of Texas, EDDIE BERNICE JOHNSON of Texas, Mr. H.R. 1148: Mr. JONES. Mr. FRANK of Massachusetts, Mr. CONYERS, KEATING, Ms. SEWELL, Mr. CUMMINGS, Mr. H.R. 1181: Mr. HULTGREN. Mr. GRIJALVA, Ms. NORTON, Mr. LYNCH, Mr. UCAS WENS DAVID SCOTT of Georgia, Mr. CICILLINE, Mr. H.R. 1195: Mr. L and Mr. O . RUSH, Mr. JACKSON of Illinois, Ms. LINDA T. H.R. 1206: Mr. CHABOT. BUTTERFIELD, and Ms. RICHARDSON. SA´ NCHEZ of California, Mr. GONZALEZ, Ms. H.R. 1219: Mr. OWENS. H.R. 2752: Mr. SCOTT of South Carolina and LEE of California, Mr. SCHIFF, Mrs. DAVIS of H.R. 1259: Mr. POE of Texas. Mr. HECK. California, Ms. MCCOLLUM, and Ms. EDDIE H.R. 1330: Ms. RICHARDSON. H.R. 2770: Mr. TIPTON. BERNICE JOHNSON of Texas. H.R. 1340: Mr. STIVERS and Mr. GIBSON. H.R. 2774: Mr. GRAVES of Georgia and Mr. H.R. 2245: Ms. WOOLSEY, Mrs. ROBY, and H.R. 1342: Mr. TERRY and Mr. RUSH. SCOTT of South Carolina. Mr. PLATTS. H.R. 1351: Mr. CLYBURN. H.R. 2787: Ms. ESHOO and Mr. GRIJALVA. H.R. 2247: Mr. JACKSON of Illinois. H.R. 2815: Mr. DANIEL E. LUNGREN of Cali- H.R. 1370: Mr. GARY G. MILLER of Cali- H.R. 2269: Mr. LOEBSACK, Mr. KEATING, Mr. fornia. fornia. HIGGINS, Mr. ACKERMAN, Mr. MCNERNEY, Mrs. URPHY H.R. 2829: Mr. FARENTHOLD, Mr. H.R. 1394: Mr. M of Connecticut. CAPPS, Mr. BISHOP of New York, Mr. COHEN, H.R. 1416: Mr. GIBSON. FITZPATRICK, Mr. HALL, Mr. GARY G. MILLER and Mr. LEVIN. of California, Mr. MILLER of Florida, Mr. H.R. 1418: Ms. ZOE LOFGREN of California H.R. 2275: Mr. ADERHOLT. and Mr. AKIN. H.R. 2324: Mr. HULTGREN. RYAN of Wisconsin, and Mr. TIPTON. H.R. 1426: Mr. AUSTRIA, Mr. CHANDLER, Mr. H.R. 2353: Mr. COURTNEY, Mr. PETRI, Ms. H.R. 2833: Mr. GRIMM, Ms. JENKINS, and Mr. TOWNS, and Mr. BISHOP of New York. JACKSON LEE of Texas, Mr. WALBERG, Mr. MCCLINTOCK. H.R. 1449: Mr. JACKSON of Illinois and Mr. GUTIERREZ, and Mr. FILNER. H.R. 2857: Ms. EDWARDS. PRICE of North Carolina. H.R. 2369: Mr. BACA, Mr. LAMBORN, Mr. VAN H.R. 2859: Mr. TOWNS. H.R. 1457: Mr. KING of New York. HOLLEN, Mr. WOLF, Mr. SCHOCK, Mr. DENHAM, H.R. 2881: Mr. CRENSHAW. H.R. 1464: Ms. LORETTA SANCHEZ of Cali- Mr. REHBERG, Mr. LUETKEMEYER, Mr. H.R. 2888: Mr. POE of Texas and Mr. KING of fornia. FORBES, Mr. TIPTON, Mr. HURT, Mr. New York. ANSECO ARTLETT H.R. 1465: Ms. CHU. SCHWEIKERT, Mr. FARR, Ms. SCHAKOWSKY, Mr. H.R. 2898: Mr. C , Mr. B , Mr. ING ROOKS YRICK H.R. 1479: Mr. KING of New York. GINGREY of Georgia, and Mr. PAYNE. K of Iowa, Mr. B , Mrs. M , Mr. H.R. 1513: Mr. REYES and Mr. CONYERS. H.R. 2446: Mr. FINCHER, Mr. STIVERS, and COLE, and Mr. BROUN of Georgia. H.R. 1547: Ms. BERKLEY. Mr. CLEAVER. H.R. 2900: Mr. WALSH of Illinois. H.R. 1558: Mr. CHANDLER and Mr. HECK. H.R. 2447: Mr. LATHAM, Mr. BARROW, Mr. H.R. 2905: Mr. TOWNS. H.R. 1588: Mr. ACKERMAN. LARSON of Connecticut, Mr. MICA, Mr. H.R. 2926: Mr. LANKFORD, Mr. WALSH of Illi- H.R. 1639: Mr. ROSKAM and Mr. CONAWAY. STEARNS, Mr. LIPINSKI, Ms. SCHAKOWSKY, Mr. nois, and Mr. CRAWFORD. H.R. 1653: Mr. SCALISE, Mr. SAM JOHNSON of ALTMIRE, Mr. KING of New York, Mr. FLORES, H.R. 2945: Mr. MULVANEY, Mrs. BLACKBURN, Texas, and Mr. PETRI. Mr. VAN HOLLEN, Ms. SPEIER, Ms. DELAURO, Mr. PITTS, Mr. HUELSKAMP, Mr. BARTLETT, H.R. 1666: Mr. COURTNEY and Mr. JACKSON Mr. ROGERS of Michigan, and Mr. PIERLUISI. Mr. SOUTHERLAND, Mr. KINGSTON, Mr. of Illinois. H.R. 2471: Mr. COURTNEY and Mr. DANIEL E. HULTGREN, Mr. YODER, Mr. BILBRAY, and Mr. H.R. 1697: Mr. DESJARLAIS, Mr. GRAVES of LUNGREN of California. BROOKS. Missouri, and Mr. BUCSHON. H.R. 2477: Mr. COOPER, Mr. HOLDEN, Mr. H.R. 2948: Mr. CARNAHAN, Mr. RAHALL, Mr. H.R. 1718: Mr. COURTNEY. ROSS of Arkansas, and Mr. BACA. CONYERS, Mr. CARSON of Indiana, Ms. FUDGE, H.R. 1738: Ms. SUTTON. H.R. 2492: Mr. CLARKE of Michigan, Mr. Ms. Hahn, Ms. LEE of California, Mr. TOWNS, H.R. 1744: Mr. GARY G. MILLER of Cali- PETERS, Mr. REYES, Mr. POLIS, Mr. SERRANO, Mr. LARSON of Connecticut, Mr. GRIJALVA, fornia. Mr. ACKERMAN, and Mr. MCGOVERN. Mr. JOHNSON of Georgia, Mr. HINCHEY, Ms. H.R. 1746: Mr. RYAN of Ohio, Mr. JACKSON H.R. 2505: Mr. HINCHEY. BROWN of Florida, Mr. OLVER, Ms. KAPTUR, of Illinois, Ms. MCCOLLUM, Mr. SERRANO, Ms. H.R. 2514: Mr. HANNA. Mr. KUCINICH, Mr. CLEAVER, Mr. FILNER, Mr. MOORE, Mr. STARK, Ms. WOOLSEY, Mr. H.R. 2539: Ms. NORTON, Ms. BASS of Cali- CUMMINGS, Mr. FATTAH, Mr. DAVIS of Illinois, MCGOVERN, Ms. SPEIER, Mr. ELLISON, Mr. fornia, and Mr. AL GREEN of Texas. Ms. EDWARDS, and Mr. BRADY of Pennsyl- CONNOLLY of Virginia, and Mr. MARKEY. H.R. 2540: Mr. COHEN. vania. H.R. 1749: Ms. MCCOLLUM, Mr. ANDREWS, H.R. 2563: Mr. CRAVAACK. H.R. 2962: Mr. PAUL. and Mr. DUNCAN of Tennessee. H.R. 2569: Mr. PAULSEN, Mr. HERGER, and H.R. 2966: Mr. GRIMM and Mr. SARBANES. H.R. 1756: Mr. SHUSTER and Mr. MARINO. Mr. KINZINGER of Illinois. H.R. 2972: Mr. ANDREWS. H.R. 1834: Mr. KELLY and Mr. GRIMM. H.R. 2585: Mr. COLE, Mr. BARTLETT, and Mr. H.R. 2982: Mr. KLINE, Ms. BASS of Cali- H.R. 1840: Mr. RIBBLE. SOUTHERLAND. fornia, Mr. SENSENBRENNER, and Mr. CHABOT. H.R. 1845: Mr. LANCE and Ms. DEGETTE. H.R. 2595: Mrs. LOWEY, Mr. JONES, and Mr. H.R. 2994: Ms. PINGREE of Maine and Mrs. H.R. 1865: Mr. GUTHRIE and Mr. KISSELL. PLATTS. NAPOLITANO.

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H.R. 3005: Ms. DELAURO. H.R. 3065: Mr. LUETKEMEYER, Mr. DUNCAN H. Res. 295: Mr. LATTA and Mr. CROWLEY. H.R. 3009: Mr. FRANKS of Arizona, Mr. of South Carolina, Mr. WALBERG, and Mr. H. Res. 298: Mr. DONNELLY of Indiana. KINGSTON, Mr. POSEY, Mr. FLORES, Mrs. WITTMAN. H. Res. 318: Mr. CICILLINE. MYRICK, Mrs. BLACKBURN, and Mr. ROSS of H.R. 3072: Mr. THORNBERRY. H. Res. 336: Ms. SUTTON, Mr. SESSIONS, Mr. H.R. 3087: Mr. WITTMAN. Florida. CONNOLLY of Virginia, Mr. MCINTYRE, Mr. H.R. 3089: Ms. DELAURO. BUTTERFIELD, and Mr. BACA. H.R. 3015: Ms. NORTON. H.J. Res. 13: Mr. WILSON of South Carolina H. Res. 364: Mr. GOODLATTE, Mr. GALLEGLY, H.R. 3053: Ms. ROYBAL-ALLARD. and Mr. CRAWFORD. H.J. Res. 62: Mr. ROONEY. Mr. LATHAM, Mr. MCHENRY, Mr. RIGELL, Mr. H.R. 3059: Mr. KING of New York, Mr. PAUL, H.J. Res. 73: Mr. HERGER. HURT, Mr. DUNCAN of South Carolina, Mr. Mr. MARKEY, and Mr. MORAN. H. Con. Res. 72: Mr. RANGEL and Mr. CAR- MCKINLEY, Mrs. CAPITO, Mr. GARDNER, Mr. H.R. 3063: Ms. JACKSON-LEE of Texas, Ms. SON of Indiana. CASSIDY, Mrs. BACHMANN, and Ms. DELAURO. RICHARDSON, Mr. SERRANO, and Mr. FILNER. H. Res. 177: Mr. RYAN of Ohio. H. Res. 365: Ms. NORTON.

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Vol. 157 WASHINGTON, WEDNESDAY, OCTOBER 5, 2011 No. 148 Senate The Senate met at 10 a.m. and was BRAND, a Senator from the State of New AMERICAN JOBS ACT called to order by the Honorable York, to perform the duties of the Chair. Mr. REID. Madam President, Frank- KIRSTEN E. GILLIBRAND, a Senator from DANIEL K. INOUYE, President pro tempore. lin Roosevelt said that no man can the State of New York. truly be free without economic secu- Mrs. GILLIBRAND thereupon as- rity. With 14 million people unem- PRAYER sumed the chair as Acting President ployed—out of work—in America, there The Chaplain, Dr. Barry C. Black, of- pro tempore. are far too many people living in the fered the following prayer: Mr. REID. I note the absence of a richest Nation in the world, yet unable Let us pray. quorum, Madam President. to enjoy the full freedom and independ- Almighty God, in whom we live and The ACTING PRESIDENT pro tem- ence for which America stands. So this move and have our being, give our Sen- pore. The clerk will call the roll. Congress has no greater challenge— ators Your blessing as they seek to The legislative clerk proceeded to none—and no more important responsi- serve this Nation and all people. call the roll. bility than to enact the policies that Lord, we lift our hearts and thoughts Mr. REID. Madam President, I ask help American businesses flourish and to You today, for You alone reign over unanimous consent that the order for grow, put American citizens to work, creation and sustain us in good and bad the quorum call be rescinded. and get our struggling economy back times. Give us a sense of fairness in all The ACTING PRESIDENT pro tem- on track to prosperity. So I was dis- we do; that Your message of peace and pore. Without objection, it is so or- appointed yesterday when my Repub- justice will be known in the lives of all dered. lican friends chose to play political citizens. Give us strength to do what f games with not one but two pieces of we can do and to be what we can be as RECOGNITION OF THE MAJORITY important job-creating legislation. The bill before the Senate will even we remember that without You, we can LEADER do nothing. the odds for American workers and We pray in Your sovereign Name. The ACTING PRESIDENT pro tem- manufacturers in the global market- Amen. pore. The majority leader is recog- place by stopping unfair currency ma- nized. nipulation by the Chinese Government. f f It would support 1.6 million American PLEDGE OF ALLEGIANCE jobs, and it has the support of Demo- SCHEDULE crats, Republicans, labor leaders, and The Honorable KIRSTEN E. GILLI- Mr. REID. Madam President, fol- business groups. We should pass it BRAND led the Pledge of Allegiance, as lowing leader remarks, the Senate will quickly so we can move on to other im- follows: be in a period of morning business for portant work facing the Senate this I pledge allegiance to the Flag of the 1 hour. Republicans will control the month. But yesterday Republicans United States of America, and to the Repub- first half and the majority will control lic for which it stands, one nation under God, threatened to derail this legislation, indivisible, with liberty and justice for all. the final half. even though they overwhelmingly sup- Following morning business, the Sen- port it, and allow China to continue to f ate will resume consideration of S. tilt the playing field. APPOINTMENT OF ACTING 1619. As a reminder to all Senators, clo- Also up for debate this work period, PRESIDENT PRO TEMPORE ture was filed on the bill last night. As which ends in 2 weeks, is commonsense a result, the filing deadline for first-de- jobs legislation proposed by the Presi- The PRESIDING OFFICER. The gree amendments is 1 p.m. today. Un- dent of the United States. President clerk will please read a communication less an agreement is reached, the vote Obama’s plan would invest in roads, to the Senate from the President pro on cloture will occur tomorrow morn- bridges, dams, and other construction tempore (Mr. INOUYE). ing. The Republican leader and I have efforts to create jobs. It would put con- The legislative clerk read the fol- had a number of discussions, and we struction crews back to work building lowing letter: will decide if there will be amendments and renovating schools. It would ex- U.S. SENATE, on the China trade legislation. It is my tend unemployment insurance for PRESIDENT PRO TEMPORE, understanding that both Democrats Americans who are still struggling to Washington, DC, October 5, 2011. To the Senate: and Republicans will offer some find work. In that regard, Mark Zandi, Under the provisions of rule I, paragraph 3, amendments, and certainly we can do who certainly is no Democratic spokes- of the Standing Rules of the Senate, I hereby that even though there is a cloture mo- person—in fact, he was the economic appoint the Honorable KIRSTEN E. GILLI- tion that has been filed. adviser for JOHN MCCAIN’s Presidential

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

S6145

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VerDate Mar 15 2010 23:39 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.000 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6146 CONGRESSIONAL RECORD — SENATE October 5, 2011 election—said there is no more impor- to engage in the thoughtful debate this manding a vote on this second stim- tant stimulus for the economy than bill deserves. Instead, they took the ulus, he focus his criticism on Demo- giving an unemployment check to very all-or-nothing approach they were crats, not Republicans, because they somebody who is out of work. Presi- so concerned about only a few hours are the ones who are now standing in dent Obama’s legislation would expand earlier. the way of an immediate vote on this the payroll tax credit, which has been This Nation’s unemployment crisis is legislation. very popular. It is a tax credit that will very serious business, but Republicans But, of course, the President knew as provide immediate relief to middle- are more interested, it seems, in par- well as I did that many Democrats in class families and businesses. This leg- tisan games much of the time and po- Congress do not like the bill any more islation would revitalize communities litical stunts than serious legislating. than Republicans do. Despite his rhet- that have been devastated by fore- Fourteen million unemployed Ameri- oric, he knew Republicans were not the closures. cans deserve better. We live in a nation only obstacle, which means one thing: The President’s plan includes some founded on the principle that every The President is not engaged right now ideas proposed by Republicans and oth- American has a right to personal lib- in a good-faith effort to spur the econ- ers offered by Democrats. No matter erty. But if Franklin Roosevelt was omy or create jobs through legislation. what, this legislation is fully paid for. correct that no man is free who lacks He is engaged in a reelection campaign. We may have different ideas on how to economic security—and I am confident By the way, the election is not until 14 pay for it, but we know the President’s he was right—then we must do better months from now. legislation is a smart, effective way to as a Congress and as a country. I assure Madam President, 1.7 million Ameri- spur job creation. everyone within the sound of my voice cans have lost jobs since the President Democrats have listened to the that Democrats will do whatever we signed his first stimulus, and his idea American people, and they have been can to heal our ailing economy, even if of a solution is to propose another one. very clear. The American people be- it means the richest of the rich in Even Democrats know it is a non- lieve it is time for millionaires and bil- America have to contribute a little bit starter, which is why so many of them lionaires to pay their fair share to help more tomorrow than they do today. do not want to have to vote for it. That is what we all witnessed here in the this country thrive. Americans from f every corner of the country and every Senate yesterday. walk of life agree. Democrats, Repub- RECOGNITION OF THE MINORITY It is time the President put an end to licans, and Independents agree. Asked LEADER this charade. Stop campaigning for a if they support a plan that would re- The ACTING PRESIDENT pro tem- bill written in a way to guarantee it quire people who make more than $1 pore. The Republican leader is recog- will not pass and work with us on the million a year to contribute a little nized. kind of job-creating legislation both parties can agree on, things such as the more to ensure this country’s economic f success, the results were resounding, trade bills, rolling back overburden- stunningly strong: Nearly 80 percent of VOTE ON THE JOBS BILL some regulations, domestic energy pro- Americans said yes. Wealthy Ameri- Mr. MCCONNELL. Madam President, duction, and tax reform. Republicans cans agree. Two-thirds of the people for the past 3 weeks President Obama are ready to act on any and all of those making more than $1 million a year has been racing around the country issues. said they would gladly contribute trying to rally public support for a sec- f more. A supermajority of Republicans ond stimulus bill and demanding that NATIONAL DEFENSE agree, with two-thirds saying they sup- Congress pass it right away. The Presi- AUTHORIZATION ACT ported the idea. And even a majority— dent has not been demanding that Con- Mr. MCCONNELL. Madam President, gress debate the bill or be allowed to 52 percent—of the tea party members it has come to my attention that the amend the bill. He has demanded in no agree. So when Democrats bring this majority leader has written to the uncertain terms that we hold a vote on commonsense jobs legislation to the chairman and ranking member of the the bill as it is, right away. floor, we will ask Americans who make Armed Services Committee asking A couple weeks ago in Denver, the more than $1 million a year to con- them to modify the committee-re- President said he has the pens all tribute a little more to help this coun- ported National Defense Authorization ready, lined up on his desk, ready to try reduce its jobs deficit. Act for fiscal year 2012 before he will sign the bill into law. Just yesterday in I am sure my Republican colleagues allow the Senate to consider that bill. would like the opportunity to debate Texas, he called on Congress to put the The White House has made it clear how this Congress tackles the most im- bill up for a vote so the entire country that it objects to certain provisions portant issue facing our Nation today: knows exactly where every Member of dealing with the detention of unlawful the unemployment crisis. So I will hap- Congress stands. One of the President’s enemy combatants and captured mem- pily work with the Republican leader- top advisers, David Axelrod, summed bers of al-Qaida and associated groups. ship to ensure a fair process that gives up the President’s position this way: As the ranking member of the Armed Senators the opportunity to be heard. ‘‘We want them to act now on this Services Committee explained to the That is why I was so disappointed yes- package,’’ David Axelrod said. ‘‘We’re Senate, the committee voted in favor terday when my friend the Republican not in negotiations to break up the of those provisions overwhelmingly. leader attempted to snuff out debate package. It’s not an a la carte menu.’’ My request to the majority leader and prevent a bipartisan discussion So yesterday I tested the President’s would be to move to the National De- about how to move the American Jobs rhetoric. I proposed that we do exactly fense Authorization Act at the soonest Act forward. Rather than debating this what he wants and vote right away on possible moment to allow the Senate to bill on the floor as we usually do, he this second stimulus bill he has pro- debate and amend the bill. If there are wants to tack this important job cre- posed as the supposed solution to our Members on the other side who support ator onto an unrelated measure simply jobs crisis. And the Democrats blocked the White House’s effort to bring un- as an afterthought. it. In other words, the President’s own lawful enemy combatants into the I was willing to proceed to debate on party is the only obstacle to having a United States for purposes of detention the legislation yesterday, but the Re- vote on his so-called jobs bill. Now I and civilian trial, the Senate can de- publicans blocked that request. They understand our Democratic friends bate that matter during consideration even blocked that. Instead, they de- want to jettison entire parts of the bill of the bill. I know many Members on manded an immediate up-or-down vote, altogether, not to make it more effec- my side would very much appreciate a with no opportunity for debate, discus- tive at growing jobs, not to grow bipar- debate on the importance of keeping sion, or amendments. Again and again tisan support. No, they want to over- detainees currently held at Guanta- during the last few weeks, Republicans haul the bill to sharpen its political namo from returning to the battlefield, have rejected an all-or-nothing ap- edge. So my suggestion to the White especially in places such as Yemen. proach to this legislation. So imagine House is that if the President wants to Once the Senate completes consider- my surprise when they were unwilling keep traveling around the country de- ation of the Defense Authorization Act,

VerDate Mar 15 2010 23:39 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.001 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6147 it could then move to consideration of in everything he took part in. As the He received the Governor’s Milner Award, the Defense appropriations bill—an- Actors Theatre board president, he was Kentucky’s highest award for contributions other measure I assume would be sub- often seen cleaning the windows or to the culture of his state, and this year re- ject to debate and amendment. moving props. His deep knowledge of ceived the Woodrow Wilson Award for Cor- porate Citizenship. Also this year he and his f art came in handy on visits to art fairs wife Christy received the Greater Louisville on behalf of the Speed Art Museum. He IN MEMORY OF OWSLEY BROWN II Inc.’s Gold Cup Award for distinguished serv- could inspire others to donate more of ice to Louisville. He earned the J. Russell Mr. MCCONNELL. Madam President, their time, efforts, and resources on be- Groves Citizens Laureate Award, honoring I rise today to pay tribute to a great half of the causes he cared so deeply individuals who consistently encourage qual- friend of the city of Louisville, a giant about just by setting the example. ity architecture in their communities. His in both business and philanthropy who I first met Owsley more than 30 years lifetime interest in historic preservation was made Kentucky products famous ago and saw then that he represented demonstrated in many projects, including the restoration and expansion of Actors The- around the globe, and a man whom I the very best Louisville and the Com- was proud to call a friend for more atre of Louisville. monwealth of Kentucky have to offer. He is survived by his wife, Christina Lee; than 30 years. It is with great sadness Elaine and I send our deepest condo- son, Owsley III (Victoire) and their children that I report to my Senate colleagues lences to his family, including his wife Chiara, William and Catalina; daughters, that Owsley Brown II of Louisville, KY, Christy, his three children: Owsley III, Brooke Barzun (Matthew) and their children, passed away September 26 at the age of Brooke Barzun, and Augusta Holland, Jacques, Eleanor and Charles; and Augusta 69. He will be mourned and missed by and his many other beloved family Holland (Gill) and their children Cora, many, not only by his family and those members and friends. Owsley and Lila; brothers, W. L. Lyons Brown Jr. (Alice Cary) and Martin S. Brown; fortunate enough to know him but also Madam President, the Louisville by the countless Louisvillians who did sister, Ina Brown Bond (Mac); brother-in- Courier-Journal published recently an law, O’Donnell Lee (Jeanie); and numerous not get to meet the man personally but obituary of Owsley Brown II that only nephews, nieces, great-nephews and great- benefited from his numerous volunteer begins to describe a full life well lived. nieces. efforts and initiatives on behalf of our I ask unanimous consent that the full Owsley will be remembered as profoundly community. article be printed in the RECORD. wise, earned from a life of curiosity, honesty, Owsley Brown II was born in 1942, the There being no objection, the mate- and discipline. From his wisdom flowed hu- son of William Lee Lyons Brown and rial was ordered to be printed in the mility and passionate kindness. It made him a great leader, father, husband and friend, Sally Shallenberger Brown, who herself RECORD, as follows: passed away just a few months ago at and it made him a great man. [From the Courier-Journal, Sept. 29, 2011] He loved and supported the things that en- the age of 100, as I noted at the time on BROWN, OWSLEY II rich the soul and spirit—his wife and chil- the Senate floor. After graduating from Brown, Owsley II, 69, died September 26, dren, the creative arts, the natural world, Yale University and Stanford Univer- 2011, in Louisville with his family by his public-spirited enterprises, and, above all, sity’s Graduate School of Business, side. Louisville. Nothing pleased him more than Owsley spent 37 years at Brown Mr. Brown was born September 10, 1942, the bringing all these things together at a Forman, the company his great-grand- son of William Lee Lyons Brown and Sara party—welcoming all with his special brand father founded, including 12 years as ‘‘Sally’’ Shallenberger. He was a graduate of of Kentucky hospitality. He knew how to chief executive and 12 years as chair- Woodberry Forest School, Yale University, find joy in work and obligations. Owsley knew when to listen and when to laugh. man. He started at Brown Forman in where he received his B.A. in history in 1964, and Stanford University’s Graduate School He will be missed. 1961 as a summer employee. The funeral will be celebrated 10 a.m. Fri- Owsley continued a family legacy of Business. The great-grandson of Brown-Forman Cor- day at Christ Church Cathedral, Episcopal, that dates back to Brown Forman’s poration founder George Garvin Brown, 421 S. Second St., with private burial to fol- founding in 1870. Brown Forman is one Owsley spent 37 years of his professional life low. Visitation will be 3–6 p.m. Thursday at of Louisville’s most significant compa- with the company, starting as a summer em- the Speed Art Museum, 2035 S. Third St. Fu- nies and a major corporate citizen of ployee in 1961. He became president in 1983, neral arrangements are being handled by our community. It provides almost chief executive officer from 1993–2005 and A.D. Porter & Sons, Inc. 1,200 local jobs and still makes whiskey chairman from 1995 until 2007. While at the In lieu of flowers, expressions of sympathy helm of the company, he led efforts to dra- may be made to either Fund for the Arts or in Jefferson County. Metro United Way. As CEO, Owsley was a visionary in matically expand its international presence and significantly modernized its marketing Mr. MCCONNELL. I yield the floor. expanding the company’s international efforts. The strategy worked exceptionally footprint and modernizing the mar- well, as brands such as Jack Daniel’s, South- f keting of its brands. As a result, labels ern Comfort and Finlandia became inter- RESERVATION OF LEADER TIME such as Jack Daniel’s and Southern nationally recognized names, producing stel- Comfort are now recognized worldwide. lar financial returns. The ACTING PRESIDENT pro tem- Under his leadership, Brown Forman He served as an Army intelligence officer pore. Under the previous order, the stock more than quadrupled in value. at the Pentagon from 1966–1968 and in 2010 leadership time is reserved. was appointed by the Obama Administration But to describe Owsley as merely a f businessman, even a brilliant one, to serve on the U.S. Department of Defense Business Board. In addition to his service on MORNING BUSINESS would be to just scrape the surface of the Brown-Forman board, Owsley served on the ice cube in a tall glass of Old For- the board of NACCO Industries, Inc. The ACTING PRESIDENT pro tem- ester bourbon with water—Owsley’s fa- Owsley was a leader in the founding of Ac- pore. Under the previous order, the vorite drink. With his wife Christy, he tors Theatre of Louisville and a longtime Senate will be in a period of morning did much to improve the quality and board member, twice serving as president business for 1 hour, with Senators per- character of life in Louisville. He led during major fund drives as it built its facili- mitted to speak therein for up to 10 organizations to support art and music, ties. He served on the boards of the Speed minutes each, with the time equally di- Art Museum, where he most recently headed historic preservation and environ- vided and controlled between the two up the Capital Campaign and Building Com- leaders or their designees, with the Re- mental protection. He was a leader in mittee for its expansion; Fund for the Arts the founding of Actors Theatre of Lou- (as chairman and president); Kentucky Cen- publicans controlling the first half and isville and a longtime board member. ter for the Performing Arts; and Partnership the majority controlling the second He served on the board of the Speed for Creative Economies. Previous boards he half. Art Museum and was active in the served on include River Fields, the Advisory The Senator from Tennessee. Council of the Yale School of Forestry and Fund for the Arts and River Fields. His f family’s Owsley Brown Charitable Environment and the National Council of the National Trust for Historic Preservation. He JOBS Foundation, of which he was president, also served on the International Council of gave millions of dollars to local Trustees for the World Conference of Reli- Mr. ALEXANDER. Madam President, churches and community groups. gions for Peace. He was a former director of our country has endured a 9-percent Owsley did a lot more than just write the Louisville Gas and Electric Company and unemployment rate for a longer period checks. He was passionately involved its successor LG&E. of time than at any other time since

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We might One way to address it would have form the tax law, and to have a time- take a lesson from history. been to take the three trade agree- out on regulations that are throwing a I remember 30 years ago, when I was ments, which were negotiated 4 and 5 big, wet blanket, making it more ex- just beginning my time as Governor of years ago—one with Colombia, one pensive and harder to create new jobs Tennessee, China was not the country with South Korea, one with Panama— in America. That would have been the in the news. It was Japan. There were and send them up to the Senate and kind of debate we could have had on books written: Japan, No. 1. The House and let us ratify them and let us the Republican proposals we believe United States was, as it is today, the move ahead to avoid losing 350,000 would make a difference in this urgent world’s largest economy, but every- jobs—that is an estimate of the U.S. jobs situation which has given us 9-per- body was predicting: Watch out for Chamber of Commerce—or create as cent unemployment for a longer period Japan. Japan is becoming No. 1. The many as a quarter of a million jobs— of time than at any other time since United States cannot keep up with that is the estimate of the White the Great Depression. Japan, it was said. Their autos, their House. Yet those three trade agree- So now this week, what are we doing? computers, their electronic goods, ments had been sitting on the Presi- Well, we are debating a piece of legisla- their other sophisticated goods were dent’s desk since the day he took office tion. The Democratic leader has de- going to overwhelm our markets, and nearly 3 years ago. They arrived yes- cided this is the important piece of leg- we would quickly fall behind. terday—or Monday, I suppose it was— islation to deal with jobs this week. There was in the early 1980s a $46 bil- and they are here waiting for us to act And what will it do? It will give a lion trade deficit with Japan. What did on them. punch in the nose to China, our second we do? Well, we did not act defeatist. Every day we do not act on them largest trading partner, our third larg- We did not play games. We did not act delays the day when we avoid losing est export market, our fastest growing as if we were the fifteenth largest econ- 350,000 jobs or create 250,000 jobs. That export market, and the second largest omy in the world instead of the first. has been the case every day for the last economy in the world. History teaches We asserted ourselves. We went to nearly 1,000 days. That would be a good us what will happen. We saw that dur- Japan and said to them: Make in the way to address the jobs issue, but we ing the Great Depression. Perhaps it United States what you sell in the have not. Instead, we had the President was the cause of the Great Depression. United States and take down your going around the country during the We remember the Smoot-Hawley tariff, trade barriers so we can sell in your summer blaming Republicans for not the trade war that developed, the recip- country what we make in ours. acting on the three trade agreements rocal punches in the nose that coun- I went there myself. I remember viv- when, in fact, the President had not tries gave to themselves over trade, idly going to Tokyo in 1979, in Novem- sent them to us. There is no way the plunging the world into a depression. ber. I met with the Nissan officials. Congress can act on them until the So here we are in a fragile moment, They were considering locating a man- President forwards them, which he now when headlines are saying we may be ufacturing plant in the United States. has. And if he has, why are we not de- about to dip into a second recession, At that time, they were making all of bating them today? That would be a and what do we do? The Democratic the Nissan cars and all the Nissan good way to deal with the jobs issue. majority says their best idea about cre- trucks in Japan that they sold in the Here is another example. On Sep- ating jobs is to punch in the nose our United States. But they wanted to be tember 8, the President came before second largest trade partner, our third in this market, which was and is the the Congress and proposed his jobs bill. largest export market, and our fastest most profitable automobile market in He said, if I counted correctly, and I growing export market, even though the world. So we said to them: Make was sitting respectfully in the second we know exactly what they will do to here what you sell here. And they did. row, almost in the front row—I think us. History teaches us they will punch They came to the United States. And he said as many as 17 times: Pass this us right back in the nose, and the re- where are we 30 years later? Nissan is jobs bill now. And if that were not sult will be a trade war, which destroys saying to us that they have operated enough, he has said it almost every day jobs rather than creates jobs. for 25 years now the most efficient since then. The Republican leader men- Such legislation as that now pending automobile and truck plant in North tioned it a few times. He was in Dallas on this floor is not how the world’s America, and they are going to be yesterday. Pass this jobs bill now; I am strongest economy, the United States making 85 percent of what they sell in ready to enact it, said the President of of America, should conduct itself. Such the United States here in the United the United States. Well, it has been sit- legislation is a sign of weakness or States. ting there on the Democratic leader’s lack of self-confidence or defeatism Nothing has done more to create desk for the last couple of weeks, ever that is not worthy of the United States higher incomes and better jobs in Ten- since the President sent it up here. He of America. nessee than the arrival of Nissan and spoke about it on September 8. In Tennessee, we see the advantages the Japanese industry, followed by the The person in this body whose job it of trading with the world, including American auto industry, in our State is to set the agenda is the Democratic with China. China is our third largest over the last 30 years. That is how a leader, a member of the President’s export market, after Canada and Mex- strong and confident country asserts own Democratic Party. Why doesn’t he ico. Our leading exports are chemicals itself in world competition. That is not bring it up? So yesterday the Repub- and agricultural products. Tennessee just true with automobiles, it is true lican leader said: I will show courtesy exports to China totaled $1.85 billion, a with many other manufacturing com- to the President. I will ask the Senate 43-percent increase over 2009. A little panies that have come to our State to do what the President has asked over 7 percent of all of our exports from Japan and from other places. that we do, which is pass this jobs bill went to China. In Tennessee, 116,000 That is exactly the way we ought to now, and the Democratic leader ob- jobs are related to the export of manu- deal with China. jected. factured goods; 5.3 million jobs in Our administration can assert itself So here for the second time we have America. At a time of joblessness, why in a variety of ways about the currency the President running around the coun- should we be punching in the nose issue. But we should not act as though try saying one thing, and then we try someone to whom we might sell goods we are afraid of China anymore than to do it, and his leader in the Senate and that would create jobs in the we were afraid of Japan 30 years ago. objects. What are we doing instead? United States? We should seize this as a moment of op- Well, a couple weeks ago the Demo- What should we do instead? Of portunity. We should not escalate a crats manufactured a crisis over dis- course, there is legitimate concern trade war that no one will win. We aster aid when we could have been de- about the way China values its cur- should grow trade in sales and invest- bating the trade bill, the jobs bill, and rency. The administration should work ment in China and urge them to make

VerDate Mar 15 2010 23:39 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.004 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6149 in the United States what they sell in Even the New York Times on Sep- In the same article it says Aetna said the United States. If they should do tember 27 said: The steep increase in that extra benefits forced it to seek that, that will create jobs here rather rates is particularly unwelcome at a rate increases for individual plans of 5 than destroy jobs, as history teaches us time when the economy is still sput- to 7 percent in California, and 5.5 to 6 a trade war will do. tering. Many businesses cite the high to 8 percent in Nevada. That was pre- I hope the Senate will decisively re- cost of coverage as a factor in their de- cisely the discussion I was having with ject the legislation that is being pro- cision not to hire. And health insur- the President in February 2010, when I posed to initiate a trade war with ance has become increasingly said that under the health care law, be- China. unaffordable for many Americans. cause of the mandates in the law, indi- f I reported on this Senate floor my vidual health care premium costs will conversations with the chief executive go up. REPEAL OBAMACARE officers of restaurant chains around In Wisconsin and North Carolina, ac- Mr. ALEXANDER. Madam President, the country. Together they are the sec- cording to that same article, Celtic In- in February of last year, we had a fair- ond largest employer in the country surance Company says half of the 18- ly extraordinary event at the Blair after the government, and they employ percent increase it is seeking comes House here in Washington. The Presi- a great many young people and low-in- from complying with health care man- dent invited a large number of Mem- come people, the kind of men and dates. bers of Congress—must have been 20 or women who are looking for jobs today. Then in a September 16 article last 30 of us around the table. He sat there What they were telling me was that year in the Hartford Courant, the whole day, and we sat around the the mandates of the health care law ConnectiCare is seeking an average 22- table and we talked about health care. will make it more difficult for them to percent hike for its individual market It was called the Health Care Summit. hire people. In one specific example, HMO plans. Anthem Blue Cross and A great many Americans watched one of the largest of the restaurant Blue Shield in Connecticut say in a let- that live on television, and because of chains was saying that he operates his ter, it expects the Federal health re- the Internet and other explosions of store with 90 employees today, and be- form law to increase rates by as much new media, they still watch some of cause of the health care mandates, he as 22.9 percent for just a single provi- the things that were said that day. The will seek to operate his store with 70 sion. reason I know that is because people employees a day. That is not a way to These increases happen for predict- have come up to me often and talked increase the number of jobs. able reasons. Because of the require- about an exchange I had with the But there are other provisions in the ments in the law for minimum credible President of the United States. health care law that cause premiums coverage—in other words, if you are re- The issue was about health care pre- to go up, which was the point of my quired to buy a better kind of health miums in the individual market. Citing discussion with the President in Feb- insurance, if you are required to buy a ruary of 2010. a Congressional Budget Office letter, I Cadillac instead of a Chevrolet, it is The CMS Chief Actuary predicted in said to the President: ‘‘Mr. President, going cost more. And it does cost more. 2010, saying that by 2014—still a couple respectfully, your new health care law Another factor that will cause insur- of years away, 3 years away—growth in that you propose is going to increase ance premiums to rise is the new taxes private health insurance premiums is individual premiums.’’ on insurance, lifesaving medical de- expected to accelerate to 9.4 percent, He stopped me and said: vices and medicines in the health re- 4.4 percent higher than in the absence Now Lamar, let’s get our facts straight. form law. Someone has to pay for those You are wrong about that. of health reform. The President had said in his discus- costs, and the ones who are going to He proceeded to explain to me why I sion with me that under the law he pay for them are the people who buy was wrong and he was right. With all proposed, the individual market would health insurance. respect, I believe I was right and even cost 40 to 20 percent less. That was also Then there is the question of what we just a little year later, what the Con- in the Congressional Budget Office let- call cost shift. When we add 25 million gressional Budget Office was saying ter. But those reductions were over- Americans to Medicaid, premiums will then, which was that individual pre- whelmed by other costs that were iden- increase because the costs will shift to miums would go up as a result of the tified in the CBO letter that would private insurers to help pay for those health care law, the last 17 months produce a 27- to 30-percent increase. So costs. That is according to the Chief have shown that we were exactly right. the net result, according to the pre- Actuary of CMS which is in this admin- This last week the Kaiser Family dictions in November 2009 by the Con- istration. Foundation released a survey that gressional Budget Office, was there Then, finally, age rating is going to showed the average family premium would be an increase in individual pre- cause insurance premiums to go up. for employer-sponsored insurance was miums of 10 to 13 percent. What it basically says is that older $15,000 in 2011, a 9-percent increase over These individual market premiums, Americans will not have to pay as the previous year. Let me quickly say premiums that individuals buy without much, so younger Americans are going that employer-sponsored insurance is an employer’s help, are not the largest to have to pay more. It is no surprise not the same as the individual insur- share of insurance policies in America, that under the new health care law, ance I was talking about with the but they affect roughly 12 to 15 million health insurance premiums are going President a year ago. But it is the Americans. That is a lot of people who up, becoming an even bigger drag on same subject. Republicans were saying are having their insurance costs go up. employment and on family budgets. that we opposed the health care bill be- Aon Hewitt’s recently released 2011 This was predicted by the Congres- cause it would increase premiums, and Health Insurance Trend Driver Survey sional Budget Office while we were de- what we wanted to do was to lower the reports that for 2011, individual health bating the health care law. It was pre- cost of health care for Americans by care plans reported estimated 4.7-per- dicted by Republicans who offered an going step by step in that direction cent increases directly due to the new alternative to take steps to decrease rather than expanding an expensive health care law. costs in health care, instead of this big, health care system that was already Then according to the September 8, comprehensive law that expanded the too expensive for more Americans, and 2010 Wall Street Journal article: system that already costs too much. doing it in a way that would increase Health insurers say they plan to raise pre- It offers even more reasons why we premiums for many Americans. miums for some Americans as a direct result should repeal or make significant ABC News said the Kaiser Family of the health overhaul in coming weeks, changes in the health care law if we Foundation report ‘‘underlines that complicating Democrats’ efforts to trumpet want to create an environment in many of the promises surrounding their significant achievement before the which we can make it easier and cheap- mid-term elections. Aetna, some Blue Cross President Obama’s health care legisla- Blue Shield plans and other smaller carriers er to grow private sector jobs, and in tion remain unfulfilled. Though the have asked for premium increases of between which more Americans can afford a White House argues that change is 1 and 9 percent to pay for extra benefits re- reasonable cost health insurance. coming.’’ quired under the law. I yield the floor.

VerDate Mar 15 2010 23:39 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.007 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6150 CONGRESSIONAL RECORD — SENATE October 5, 2011 The ACTING PRESIDENT pro tem- my State already know: Jobs in Rhode It is not fair trade, it is not free pore. The Senator from Tennessee. Island are among the most vulnerable trade, and it doesn’t even help the peo- Mr. CORKER. It is rare that I am to cheap Chinese imports. And job ple of China. But it certainly helps the down here on the floor with the senior losses are directly attributable to the powerful forces of the Chinese Govern- Senator from Tennessee, but it is al- U.S. trade deficit with China, which ment and their favored business part- ways a pleasure. I certainly appreciate has been exacerbated by China’s per- ners. his great leadership and especially sistently undervalued currency. So we have a clear choice, and we today. I enjoyed all of his comments. Our trade deficit with China, which have legislation that will be effective But his comments about the China cur- grew over 10 years from $83 billion to because it is consistent with what we rency bill probably should be labeled $273 billion, has had an outsized impact do, which is follow the rules. We are the China trade war bill, because I on my State because Chinese goods simply asking every nation to follow think that is where it would lead. compete directly with many products the rules when it comes to currency. (The remarks of Mr. CORKER per- that were produced and that will con- The legislation before us today would taining to the introduction of S. 1655 tinue to be produced in Rhode Island. level the playing field for businesses in are printed in today’s RECORD under From textiles to toys, Rhode Island has Rhode Island and throughout the coun- ‘‘Statements on Introduced Bills and been harmed as the artificially cheap try. It requires the Department of Joint Resolutions.’’) yuan and exports from China have Treasury to identify misaligned cur- hollowed out industries, jobs, and com- rencies using objective criteria and re- f munities. quires the administration to take ac- CURRENCY EXCHANGE If China and other Asian economies tion if countries fail to correct this The ACTING PRESIDENT pro tem- such as Singapore, Taiwan, Malaysia, misalignment. pore. The Senator from Rhode Island. and Hong Kong let their currency float It ensures that our trade laws can ad- Mr. REED. Madam President, as a co- freely against the dollar, U.S. GDP dress currency undervaluation when it sponsor, I rise today in strong support would increase by as much as $287.5 bil- harms American workers and manufac- of the Currency Exchange Rate Over- lion, that is a 1.9-percent increase, cre- turers by offsetting the benefit foreign sight Reform Act. This is a bipartisan ating up to 2.25 million jobs in the producers and exporters receive from effort that will protect U.S. manufac- United States. their country’s currency manipulation. turers from economic harm caused by So much of our efforts are focused The effects of unfair currency manip- unfair and damaging currency manipu- today, and they should be, on growing ulation have caused far too much harm lation. our economy, measured not just by for far too long. It has resulted in dis- Unemployment throughout Rhode Is- GDP but, more importantly, by jobs. torted trade balances that have hurt land and the Nation has been persist- This bill is one of those measures that U.S. workers and our Nation’s economy ently high and corrosive. It is caused in is consistent with growing jobs in as a whole. This legislation will part by the effects of currency manipu- America and also respects the fact that strengthen the tools we have to make lation, particularly China’s devalu- in order for trade to work in the world, sure our businesses can compete on a ation of the yuan. This is one of the the trade has to be fair as well as free— fair and level playing field against for- that everybody has to follow the rules, challenges that manufacturers and eign companies that benefit from un- and there is no exception. What we ex- hard-working individuals in Rhode Is- dervalued currency. pect of ourselves, we should demand of Let me be clear that this is not a sil- land and across the Nation face each others. That is at the heart of this bill. ver bullet for our economy, and there day. Currently, private businesses in the are many other steps we have to take. The effects of unfair currency manip- United States are not able to compete As we continue to press for solutions to ulation have caused far too much harm on a level playing field with Chinese revitalize our economy—with a front- for far too long. It has resulted in dis- manufacturers and exporters who have and-center focus on saving and cre- torted trade balances that hurt U.S. an unfair advantage because the Chi- ating jobs—addressing unfair subsidies workers and our Nation’s economy as a nese Government is manipulating its and trade practices must be part of this whole. currency. Undervaluing the yuan isn’t effort. So I would urge swift passage of Confronting Chinese currency manip- even in the best interest of the Chinese the Currency Exchange Rate Oversight ulation sends a very strong signal. If economy because it wastes resources Reform Act. implemented correctly, it will create and erodes wages of Chinese workers. With that, I suggest the absence of a jobs, aid our economic recovery, and The benefits of an undervalued yuan quorum. lead to the creation of an estimated 1.6 primarily flow to politically powerful The ACTING PRESIDENT pro tem- million American jobs. Free trade only Chinese companies dependent on trade, pore. The clerk will call the roll. works when it is fair. China is not many of which are state owned. The legislative clerk proceeded to playing by the rules, and U.S. workers According to China’s own national call the roll. are harmed as a result. economic census, Chinese state-owned Mr. BLUMENTHAL. Madam Presi- China is, by any measure, keeping its enterprises control over 40 percent of dent, I ask unanimous consent that the currency artificially weak and engag- the assets in their industrial sector. order for the quorum call be rescinded. ing in trade practices that are harming When countries stack the deck for The ACTING PRESIDENT pro tem- the U.S. economy. By devaluing the companies and industries they control, pore. Without objection, it is so or- yuan relative to the dollar, China is es- it hurts businesses in the United dered. sentially subsidizing its exports and States. This is not free trade or fair Mr. BLUMENTHAL. Madam Presi- taxing U.S. imports at the expense of trade. Those who hold up China’s eco- dent, I rise as a proud cosponsor of the U.S. companies and workers. nomic growth and favorable tax condi- Currency Exchange Rate Oversight Re- It has been estimated that the yuan tions, as one Fortune 500 company CEO form Act, S. 1619. We are all aware, in is undervalued relative to the dollar by recently did, should realize this: After this Chamber and around the country, as much as 40 percent, effectively sub- all, China has little reason to tax cor- that China has been manipulating its sidizing Chinese manufacturers and porations when so many of the coun- currency flagrantly and blatantly at spurring our $273 billion trade deficit try’s largest corporations are state the expense of our businesses in Con- with China. owned. necticut and New York and around the The Economic Policy Institute has We would not dare to suggest the country at the expense of American estimated that the trade deficit with form of ownership or government inter- workers. This measure is necessary to China has cost the U.S. economy 2.8 vention in our economy China uses protect American jobs and American million jobs—1.9 million of these were consistently and persistently as a workers. manufacturing jobs—between 2001 and major way to fund their government Chinese currency manipulation is a 2010. This resulted in approximately and fund their activities. So I think we job killer, very simply. At a time when 12,000 jobs lost in Rhode Island. have to recognize what is being posed so many are desperate for work and so A recent study by a team of three in the guise of their version of free many Americans and citizens of Con- economists confirmed what many in trade. necticut are seeking good jobs, this

VerDate Mar 15 2010 23:39 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.008 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6151 measure will help protect American ingly arcane discussion, in economic Tariffs and Trade, which it has signed. workers and save American jobs, which terms, may seem far away to many Far from being contradictory to inter- is why I am proud to be a cosponsor of citizens of Connecticut, but it is not national law, this bill serves the inter- this measure. arcane or abstract to Steve Wilson at ests and intent of the General Agree- I am proud to have begun this fight Crescent Manufacturing of Bur- ment on Tariffs and Trade. It serves ar- well before I became a Senator and lington—a company that makes preci- ticle XXI of the GATT Uruguay Round well before I even thought of becoming sion fasteners, many of them used in and allows a member of the World a Senator, when I was attorney general defense of our country, sold in this Trade Organization and America to of the State of Connecticut, because I country as well as abroad. Crescent take action which it considers nec- heard from Connecticut businesses Manufacturing has hard-working, essary for the protection of essential about the effects of Chinese currency skilled workers who compete with Chi- security interests. manipulation in their efforts to sell nese manufacturers whose production Nothing is more essential to our se- their goods and services not only in costs are dramatically lower because of curity than jobs. Nothing is more crit- China but around the world and even in the undervalued Chinese currency. ical than dealing with our trade deficit. America. Undervaluing Chinese cur- Steve Wilson came to me and said, in Nothing is more important than stop- rency puts American businesses at a effect: Give us a level playing field. ping the undervaluation of the Chinese disadvantage. It is a hidden export sub- That is what this bill does. He said it currency that consistently, unfairly, sidy. It is a means of underpricing Chi- not only on his own behalf, as a man- and unacceptably works against our nese goods and services at the expense ager and an owner, but on behalf of his exporters. We must fight these fun- of ours. That affects not only our ex- workers because the number of those damentally unfair trade practices of ports to China, but it affects our sales workers was reduced as a result of the China. American manufacturers de- of airplanes in Europe, it affects the lack of a level playing field. serve this level playing field, and this sales of all kinds of products—both Earlier this year, I worked with my bill will help to assure that for them. high-tech and others—in this country, colleague in the House of Representa- I will continue to fight to protect and it deprives the United States and tives, Congressman CHRIS MURPHY, to Connecticut manufacturers and busi- its businesses of a level playing field. conduct a survey of Connecticut manu- nesses against any unfair trade prac- The extent of that undervaluation is facturers. We gathered data from 151 tices anywhere in the world, and this actually unknown, even as we speak. It different companies all across the bill stops China and any other country is probably in the range of 25 percent. State of Connecticut, and the informa- that would misalign its currency to the Economists tell us it is anywhere be- tion they shared paints a dramatic pic- detriment of our security as a country tween 20 percent and 50 percent. The ture of the business climate for compa- and Connecticut’s manufacturers and Chinese have permitted their currency nies in Connecticut and America today businesses as well as those in the coun- to rise slowly, perhaps about 6 percent and the challenges they face as they try as a whole. since June of 2010, but the extreme seek to create jobs and stay competi- I thank the Chair, I yield the floor, undervaluation before that period of tive. Of 151 manufacturers that partici- and I suggest the absence of a quorum. time—in the years that led to June pated in our survey, 73 percent say The ACTING PRESIDENT pro tem- 2010—was relentless and tireless and they have Chinese competition—73 per- pore. The clerk will call the roll. successful. One of the great success cent are competing with Chinese com- The assistant legislative clerk pro- stories of currency undervaluation is panies—and 57 percent—almost 60 per- ceeded to call the roll. the Chinese doing so with theirs. We cent of all those companies—said Chi- The ACTING PRESIDENT pro tem- are at a point where, rightly, we have na’s refusal to operate on a level play- pore. The Senator from North Carolina. lost patience. ing field is harming their businesses. Mrs. HAGAN. Madam President, I When I first asked the Treasury of The majority of those companies that ask unanimous consent that the order the United States to label and conclude responded to that survey—manufactur- for quorum call be rescinded. that China is a currency manipulator— ers in Connecticut—say they want a The ACTING PRESIDENT pro tem- months, even years ago—there was an level playing field or they are harmed pore. Without objection, it is so or- opportunity to take the kind of action by unfair practices in China’s underval- dered. this measure would readily lead it to uing their currency. Mrs. HAGAN. Madam President, I do, and it must do it now. This bill pro- We all know, at this point, China de- come to the floor as one of a bipartisan vides consequences for countries that liberately manipulates its currency to group of my colleagues, proud to be a fail to adopt appropriate policies to boost its exports, and Connecticut cosponsor of the Currency Exchange eliminate currency misalignment and manufacturers know it better than Rate Oversight Act, legislation that includes tools to address the impact of anyone. They have made it clear, if we will send a clear and direct message to currency misalignment on American are serious about keeping American China that the time for playing games manufacturers, including the use of manufacturing competitive, if we want with American jobs is over. countervailing duty law to impose tar- to make it in America, if we want As many of my colleagues have al- iffs on imports benefiting from govern- ‘‘Made in America’’ to mean what it ready explained on the floor, the ef- ment subsidies. should, and if we want our economy to fects of China’s currency manipulation Very simply, it provides tools that grow, we need to stand up to countries are damaging to our economy. It is es- the American Government can and that rig the system in their favor—un- timated that China is undervaluing should use when there are misalign- fairly in their favor. their yuan by more than 28 percent. ments of currency that result from The Alliance for American Manufac- What does that mean? It means Chi- government policies, and it eliminates turing estimates our surging trade def- nese goods coming into the United some of the barriers in our current law icit with China—largely caused by Chi- States are unfairly cheap, while goods that now exist and restrict the Amer- nese currency manipulation—cost 2.8 made in the United States are unfairly ican Government from taking action to million American jobs over the last expensive when they are exported to protect American businesses. So it is a decade, and that is 31,600 in Con- China. In other words, it means U.S. good measure, a commonsense step to- necticut alone. These were jobs lost to goods are less competitive in China, ward fairness and a level playing field our workers unfairly. and Chinese goods do have an unfair for American businesses, and it means On March 25, 2011, the IMF declared advantage in the United States. The re- we would protect ourselves, as we have that China’s currency remains ‘‘sub- sults of this distorted arrangement are a right to do in an ongoing trade war. stantially undervalued.’’ That is a seri- harrowing: reduced American wages, It is a war, not a shooting war—per- ous charge from an international agen- decreased GDP, and lost American haps not explicit—but it is a trade war cy that is not biased toward one coun- jobs. we should acknowledge and recognize try or another, and it implies that Since China entered the World Trade as a fact of life for our businesses. China, in failing to address the under- Organization in 2001, our trade deficit All this talk about currency and valuing of their currency, is in direct with them went from $84 billion in 2001 renminbi and the abstract and seem- violation of the General Agreement on to $273 billion in 2010, an increase of

VerDate Mar 15 2010 23:39 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.010 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6152 CONGRESSIONAL RECORD — SENATE October 5, 2011 close to $200 billion. Madam President, The ACTING PRESIDENT pro tem- proud to be an original cosponsor. I $273 billion is larger than the U.S. pore. Without objection, it is so or- wish to thank my colleague and friend, trade deficit with the OPEC countries, dered. Mr. BROWN, the Senator from Ohio, for the EU countries, Canada, Japan, and Mrs. HAGAN. I thank you, Madam his leadership in bringing forward this Mexico combined. This trade deficit President. very important legislation. has eliminated or displaced over 2.8 A full revaluation of the yuan would This legislation is about jobs. We all million American jobs over the last 10 mean 2.25 million jobs in the United talk about ways we can increase job years. That is an average of 310,000 jobs States, reducing the U.S. unemploy- opportunity in America. Yes, we have every year, and 70 percent of those jobs ment rate by at least 1 full percentage to do a better job in our infrastructure lost from our trade with China were in point; an increase of the U.S. GDP of and rebuilding America, our roads, our one sector—manufacturing. about $285 billion, a nearly 2-percent bridges, our schools, our energy infra- Ask anyone in my home State, and boost; and a reduction to our budget structure, our water infrastructure. they will say the same thing: North deficit by as much as $857 billion over That is a very important part of job Carolina is a manufacturing State. 10 years. These are new jobs, more growth in America. We have to help From furniture to yarn, we are known growth, and lower deficits. That is ex- our small businesses. throughout the country and through- actly the kind of bill our country needs The President is right to focus a pro- out the world for the quality of the right now. gram that will help small businesses work we produce. But we are hurting. It is going to require us to be tough. because that is the job growth energy Between 2001 and 2010, North Carolina That is why America’s workers and in America. But another area that is has lost over 107,000 jobs. Those are North Carolina workers need us to critically important for us on job 107,000 jobs due to trade with China. draw this line in the sand. They have growth is trade. I represent the State of Maryland. Only five States in the entire country always been told that if they work The Port of Baltimore is an economic have suffered a greater net job loss hard and play by the rules, they can engine of our State, where we employ from our country’s trade with China. get ahead. But now China is not play- Across the country, the Nation has lost many people because of the Port of ing by the rules, and it is undermining Baltimore. We want to see products approximately 6 million manufacturing the ability of our workers and compa- jobs and has seen 57,000 manufacturing that not only come into America, but nies to succeed. We need to hold them we want to see products that leave plants across our country shut down. accountable. Last week, I traveled throughout the America for the international market- American and North Carolina work- foothill regions in North Carolina, in place. American manufacturers, pro- ers are some of the best and most pro- Burke, Rutherford, and Gaston Coun- ducers, and farmers can outcompete ductive in the world. We know this. ties, three of our counties with some of their competition anywhere in the China knows this. If we compete on a the deepest manufacturing and textile world as long as we have a level play- level playing field, we can prosper to- roots in the State. The unemployment ing field. If we have a level playing gether. I encourage all my colleagues rate in these counties is close to 13 per- field, we will not only keep jobs in to join in this bipartisan measure and cent in Burke, close to 15 percent in America, we will create new jobs in vote for this bill. It is what America’s Rutherford, and 11.3 percent in Gaston, America because we can outcompete even higher than the all-too-high 10.4 workers and companies need, and it is the world. But we can’t do it if we give percent average across the State of what they deserve. away a huge advantage to other coun- North Carolina. I yield the floor. tries. Currency manipulation allows The No. 1, No. 2, and No. 3 concerns f other countries to have unfair competi- I heard at every stop I made last week CONCLUSION OF MORNING tive advantage over American manu- were: jobs, jobs, jobs. There were peo- BUSINESS facturers, producers, and farmers. That ple, many of them former manufac- is what this bill is aimed at: to give us The ACTING PRESIDENT pro tem- turing employees, who have lost their a level playing field, to allow us to be jobs. Many of them are continuing to pore. Morning business is closed. able to compete fairly. work hard, fighting for small busi- f I also wish to acknowledge that this nesses that they now run and looking CURRENCY EXCHANGE RATE legislation is bipartisan. I think it is for survival. At the same time, so OVERSIGHT REFORM ACT nonpartisan. This is legislation that many people are attending every job makes sense for our country to keep The ACTING PRESIDENT pro tem- fair they can make. They cannot afford jobs and create jobs. The legislation pore. Under the previous order, the for Washington to continue to allow provides necessary mechanisms to help Senate will resume consideration of S. China to get away with economic de- halt currency manipulation committed 1619, which the clerk will report. ceit and manipulation. They cannot af- by any country. Currency manipula- The assistant legislative clerk read ford for us to continue competing with tion is an unfair trade practice that re- as follows: China with one hand tied behind our duces the price of imported goods while back. What they need is for Wash- A bill (S. 1619) to provide for identification raising the price of American goods. ington to draw a hard line, to act now, of misaligned currency, require action to We are talking about giving a dis- correct the misalignment, and for other pur- count to our competitors. How do we and to get tough on China’s currency poses. manipulation. expect an American manufacturer to The Currency Exchange Rate Over- Pending: be able to compete with an imported sight Act is straightforward. If the Reid amendment No. 694, to change the en- product if they get a discount on the Treasury Department, using objective actment date. price? That is what happens when they criteria, determines that the value of a Reid amendment No. 695 (to amendment arbitrarily undervalue their currency No. 694), of a perfecting nature. as a foreign competitor, and that is currency is fundamentally misaligned, Reid motion to commit the bill to the it will trigger a process to correct that Committee on Finance with instructions, what is happening to American manu- unfair misalignment. In other words, it Reid amendment No. 696, to change the en- facturers. Trying to end this practice is allows the United States to use every actment date. just common sense and will finally tool in our toolbox, including counter- Reid amendment No. 697 (to (the instruc- allow us to address our net exports, vailing duties, to ensure that American tions) amendment No. 696) of the motion to helping us reduce trade imbalances workers and companies are competing commit), of a perfecting nature. and, most importantly, create jobs in on a level playing field. Reid amendment No. 698 (to amendment America. Even though the legislation is sim- No. 697), of a perfecting nature. Of course, China is one of the largest ple, its positive effects would ripple The ACTING PRESIDENT pro tem- abusers of this type of manipulation. through the economy. pore. The Senator from Maryland. Despite a pledge from China in 2001 to The ACTING PRESIDENT pro tem- Mr. CARDIN. Madam President, I adhere to open and fair trade, it con- pore. The Senator’s time has expired. rise to urge my colleagues to support tinues to violate global trade rules Mrs. HAGAN. I ask for 2 more min- the Currency Exchange Rate Oversight which, in turn, erodes the U.S. manu- utes. Reform Act, S. 1619, of which I am facturing base and economy.

VerDate Mar 15 2010 23:39 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.013 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6153 One of these market-distorting prac- only spur economic growth but eco- matter of days. That is the kind of un- tices is China’s effort to keep its cur- nomic stability that would ensure a fair competition we face because we rency severely undervalued. Unlike better and more secure future for U.S. have given this discount to our com- other currencies, the Chinese yuan manufacturers, workers, and commu- petitors. does not fluctuate freely against the nities. This is to keep jobs here in The second is Senator CARDIN men- dollar but is artificially pegged in America but also give us the oppor- tioned what this does with our budget order to boost China’s exports. Bring- tunity to create more jobs, helping our deficit. It is pretty clear this is not a ing the Chinese yuan to its equilibrium economy grow. Simply put, this legis- jobs bill that costs a lot of money. level at 28.5 appreciation is essential to lation will allow U.S. manufacturers That is why we got 79 votes. That is creating much needed jobs in this the ability to use existing counter- why so many Republicans joined all country as well as a fair and global vailing duty laws to obtain relief from but three Democrats in moving this marketplace. injury caused by imported goods which bill forward. We save money. If a thou- Let me repeat this. Because of what benefit from currency manipulation as sand more people go to work in Cleve- China does on pegging its currency to export subsidies while also providing land, OH, or in Buffalo, NY, or in Balti- ours, not allowing it to freely fluc- the U.S. Treasury a new framework by more, MD, that is a thousand people tuate, Chinese products, in effect, get a which to identify misaligned currency. who are not receiving unemployment 28.5-percent discount. If a company is In September 2010, the House adopted benefits, who do not have to apply for manufacturing a product and trying to a similar measure with overwhelming food stamps, a thousand people who are compete with an imported Chinese bipartisan support. Passage here in the paying taxes instead of being con- product, how can they do that if their Senate will lead to real consequences sumers of public services. competitor gets a 28.5-percent dis- for countries that abuse currency ma- When you look at the lost jobs be- count? That is what is happening in nipulation, and empower the United cause of this trade policy, because America today. States to create a more level economic China has gamed the currency system This legislation would allow those playing field. for so many years and administrations who are being harmed by this unfair We can get this done. This is some- of both parties have failed to enforce trade practice to be able to bring a thing that can get done. The House has laws or use the tools they have—in ad- trade remedy against that unfairly im- already passed it. We have bipartisan dition to this extra tool, this very com- ported product. support in the Senate. We have the pelling, very effective tool we are giv- Inexpensive Chinese imports have votes to pass it. I urge my colleagues, ing them—it clearly has meant that we caused a great deal of harm to the U.S. let us get this done. Don’t try to put have been behind the eight ball in that manufacturing sector. New studies other amendments on it. All they are way and we have lost the opportunity show that 2.8 million American jobs, going to do is make it difficult for us when we have not enforced these trade including 1.9 million manufacturing to achieve something great for our laws. When you look at the number of jobs jobs, were lost or displaced over the economy and great for American pro- lost and the number of jobs estimated past decade due to the growing U.S. duction. Let’s get this matter up for a to be gained, it is in the millions over trade deficit with China, fueled, in vote and not try to do all these unre- time. This is exactly what the Senate part, by currency manipulation. lated amendments. should be doing this week, moving this So we have documented millions of I applaud my colleague Senator bill to the House. There are 250 cospon- jobs that we have lost and that have BROWN from Ohio. He is on the floor. I sors in the House, 60 Republicans, been lost because we have allowed, mentioned earlier I thank him for his roughly, 190 Democrats, roughly. Re- without challenge, China to give dis- leadership for not only bringing this publican leadership has some difficulty counts to its manufacturers bringing bill together but keeping the bipar- with this bill, apparently. In the Sen- products into America. Again, if it is a tisan group together so we can show we ate, that is not an issue. In the House, level playing field, American manufac- can get this done. Now we need the among rank-and-file Members there is turers and producers can compete. But Members of the Senate to say it is time huge support. they can’t compete with such an unfair for us to vote on this bill. Let’s get it As we pass this bill later this week, trading practice. done. Let’s send it to the President for next week at the latest, we hope to Many U.S. industries have been hard the President to sign it. Let’s do some- move it to the House where it can be hit by unfair trade practices and cur- thing that will not only create jobs but passed quickly. rency manipulation, impeding their help us deal with our trade imbalance I suggest the absence of a quorum. ability to compete here and abroad. and deal with our budget imbalance. The ACTING PRESIDENT pro tem- The Alliance for American Manufac- Madam President, I yield the floor. pore. The clerk will call the roll. turing says that addressing this cur- The ACTING PRESIDENT pro tem- The assistant legislative clerk pro- rency manipulation would lead to the pore. The Senator from Ohio. ceeded to call the roll. creation of up to 2.25 million American Mr. BROWN of Ohio. Madam Presi- Mr. BROWN of Ohio. Mr. President, I jobs, an increase in the U.S. gross do- dent, I appreciate the words of Senator ask unanimous consent that the order mestic product of $285.7 billion, a 1.9- CARDIN. He sits on the Finance Com- for the quorum call be rescinded. percent—or $190 billion—reduction in mittee and was a long-time member of The PRESIDING OFFICER (Mr. our annual trade deficit; finally, an an- the House Ways and Means Committee BLUMENTHAL). Without objection, it is nual deficit of $71 billion, or between and understands these issues as well or so ordered. $600 to $800 billion over the next 10 better than almost any Member of the Mr. BROWN of Ohio. Mr. President, years, if sustained. Senate. I appreciate his work on that, as the manager of this bill and the No wonder this is bipartisan. No won- and his leadership. He said a couple of sponsor of S. 1619, I am, first of all, der this is nonpartisan. Here, by just things I want to emphasize. pleased with the bipartisan support we standing up for American manufactur- He said, first of all, this is the big- have seen. We have five Republican and ers and allowing them to be on a level gest bipartisan jobs bill we have con- five Democratic sponsors as the lead 10 playing field, we can not only increase sidered this year, 79 votes out of 98 sponsors and another dozen or so spon- jobs in America, we can not only re- when it advanced to being considered sors in addition to that. duce the trade imbalance, we can also on the Senate floor. He has talked The support from Senators GRAHAM reduce the budget imbalance. All that about this is a discount we give to our and SESSIONS and BURR—all three can be done if we can establish a level competitors. Imagine two gas stations southern Republicans—and Senators playing field to give our manufactur- in Schenectady, NY, or in Frederick, SNOWE and COLLINS—northern Repub- ers, producers, and farmers the oppor- MD, or in Akron, OH. One gets its gaso- licans—joining with the first five tunity to challenge this unfair prac- line and pays 25 or 30 percent less for Democratic sponsors, Senators SCHU- tice. That is what this legislation does. its gasoline than does the station MER, STABENOW, CASEY, HAGAN, and With figures such as this, this bill is across the street. The station that does myself, have set the bipartisan tone seemingly a noncost, bipartisan, long- not get the 25- or 30-or 35-percent sub- here. That is why we had 79 votes in term jobs measure. This would not sidy goes out of business almost in a the first go-round on the bill.

VerDate Mar 15 2010 23:39 Oct 05, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.014 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6154 CONGRESSIONAL RECORD — SENATE October 5, 2011 But what concerns me most, and cent discount on its oil for its gasoline lion. Roughly 2,500 people received what I hear from people in the House of from Shell, and the one from Exxon on their employment by virtue of sales to Representatives—and I have heard it the other side of the street doesn’t get China 10 years ago. Today, exports to from opponents in the Senate, and I a subsidy on its oil or its gasoline, of China total about $3.18 billion. The have heard it from large multinational course, the one is going to put the number of people employed by sales to corporations that have outsourced so other out of business. China has grown from around 2,500 jobs many jobs to China—is this is going to That is what we do to China. We give to 15,000. In a State with a higher than start a trade war with China. That them a 20- to 30-percent discount be- average unemployment, where unem- seems to be the thrust of their com- cause they cheat on currency. And you ployment is growing faster than almost ments: This is going to start a trade call that a trade war because we are any other region of the country, I do war. saying, no, we are taking that discount not think we should put these jobs at First of all, I don’t know where they away? It is China that has played this risk with an unnecessary trade war are that they think that because most protectionist game. with China. of America thinks we are in a trade Mr. Fred Bergsten, who is the direc- When we look at Illinois very di- war right now with China and, frankly, tor of the Institute for National Eco- rectly, we see a major Peoria employer China is doing pretty darn well. It is nomics, the Peterson Institute, hardly like Caterpillar, whose sales to China not going that well for American work- a flaming liberal—free fair trade group; last year totaled about $3.2 billion ers, and it is not going that well for it is a conservative, generally free roughly related to about 10,000 jobs in American manufacturers. trade organization—said that China’s the direct and contractor and subcon- Go to downstate Illinois or Albu- currency policy is the most protec- tractor area for sales to China. With querque or Akron and look at the num- tionist policy of any major country in Motorola, based in Schaumburg, sales ber of plant closings. In many cases, the world since World War II. And for totaled about $2 billion directly to companies—large companies espe- us to say, Let’s play fair, we are start- China, impacting about 7,000 jobs. For cially, because smaller companies can’t ing a trade war? It doesn’t make sense. Boeing, headquartered in Illinois, sales do this the same way—will shut down Let’s debate the real issues. Let’s not to China totaled about $3 billion— their production in the United States— call names. Let’s not say so-and-so is around 10,000 jobs directly related to they will shut down production in starting a trade war, so-and-so is pro- sales into the Chinese market. Youngstown or Dayton—and they will tectionist, so-and-so is doing class war- This bill would seek to blame all of move to Wuhan or Xian, China, start fare. We want more exports, we want our economic ills on a power overseas production there, and then sell their more trade. But, remember, currency despite so much of the weaknesses re- products back to the United States. I undervaluation makes our exports lated to our own overregulation, a don’t know that that has ever been more expensive when we sell them into flawed health care bill, and too many done in world history. China and puts our manufacturers at a taxes that are causing small employ- So the trade war was started by the competitive disadvantage. ers—the engine of employment in our Chinese, waged by the Chinese, and I think this legislation makes so country—to hold back on hiring an that is why we have lost 100,000 manu- much sense. That is why it got 79 American full time. I believe this bill facturing jobs in my State. That is why votes. That is why it has such a high places the blame in the wrong place we have seen the trade deficit triple in number of bipartisan cosponsors. That and diverts the needed attention of the the last 10 years with China. That is is why people in this country under- Senate from where it should be placed why we go to the store and darned near stand that passing this legislation to in fixing our economy. everything we pick up, including some- level the playing field, to give our For 10 years, I served in the House of times American flags and things you manufacturers an opportunity, makes Representatives. In 2005, during that can buy at the Capitol Visitor Center, so much sense. rendition of anti-Chinese legislation, I are made in China. It is clear China has Mr. President, I yield the floor, and I decided to form a bipartisan caucus, cheated. They cheat on currency. They suggest the absence of a quorum. the China Working Group, with Demo- just cheat, pure and simple. It is long The PRESIDING OFFICER (Mr. cratic Representative RICK LARSEN of overdue that we do something about it. UDALL of New Mexico). The clerk will Washington. We decided to bring to- They were admitted to the World call the roll. gether the three warring China tribes Trade Organization because of a very The assistant legislative clerk pro- of the House of Representatives. That bad vote 10 years ago that too many of ceeded to call the roll. would be the panda huggers, a very my colleagues cast in support of China Mr. CARPER. Mr. President, I ask small number of Members; the dragon doing that for PNTR. The Presiding Of- unanimous consent that the order for slayers, a very large number of Mem- ficer, as I did, voted against it. The the quorum call be rescinded. bers, especially on my side; and the Presiding Officer from New Mexico was The PRESIDING OFFICER. Without panda slayers, who are growing in prescient enough to see that. But they objection, it is so ordered. number, who dislike almost anything said, if you let China into the WTO, The Senator from Delaware. related to China. We welcomed every- they are then going to be a trading (The remarks of Mr. CARPER are one to discuss China because of its partner and they will play fair. Well, printed in today’s RECORD under growing role in the world because, ac- they never have accepted, frankly, the ‘‘Morning Business.’’) cording to one of our leading banks, basic governing rules from the World The PRESIDING OFFICER (Mr. China could be the largest economy on Trade Organization. They don’t follow UDALL of New Mexico). The Senator Earth, replacing a status that the the rule of law. So when we say, no, we from Illinois is recognized. United States had until our policy was are not going to let them do that, we Mr. KIRK. Mr. President, I would misplaced and that we have had since are accused of a trade war. Excuse me, like to take this time to talk on the around the 1870s. I don’t understand that. pending legislation with regard to Should we trigger a trade war with It is a little bit like two sort of real- China. In these times of deficit and the coming largest economy on Earth? life examples. If somebody is eating debt, I think we should not launch a I would say we should not. In the 21st your lunch and you take their dessert trade war with China. We are here be- century, China can be the source of the away, they are complaining? Of course cause we borrowed too much. We have greatest ill or greatest good for the they are going to complain. They want a spending habit that has weakened United States, depending on how we their dessert. But they can’t say you our economy. That spending habit was manage this relationship. are starting a war when they are al- aided by China, but we can only blame One of the key audiences I listened ready eating your lunch. ourselves for much of the economic to, as chairman of the China Working Or if you have two gas stations, you weakness the United States now faces. Group, with Congressman LARSEN, was go to Springfield, OH, and there is a A trade war with China would put in Americans who actually sold Amer- gas station on one side of the street jeopardy a number of jobs from my ican-manufactured goods in China. Of- and another gas station on the other State of Illinois. Illinois exports to tentimes, we would ask: Is your No. 1 side of the street, the one gets a 30-per- China in 2000 totaled about $533 mil- concern with regard to selling more

VerDate Mar 15 2010 00:44 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.016 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6155 goods in China related to the currency? engine of our job economy—small busi- That is why I oppose this legislation. Overwhelmingly, they would say it was nesses—that they should go ahead and That is why, regardless of the action in not their No. 1 concern. Their No. 1 begin to hire Americans again. We the Senate, I do not think it is going concern instead was the comprehensive should do the big idea that is in the bi- anywhere in the House. Certainly, theft of intellectual property by Chi- partisan deficit commission report of given the action and calls of the Presi- nese entities from U.S. patent holders. tax reform, wiping out all special inter- dent to certain legislators, it doesn’t This is most clearly evidenced in the est tax provisions and then using the appear to have any real future in en- Hollywood DVD industry but also else- money, A, to lower the deficit and, B, forcement if it ever even did make its where. When you look at this issue in a to lower the top rate from 39 percent to way to the White House. serious way, you find currency is not 29 percent. We should also rapidly pass, With that, I yield the floor. the No. 1 issue, although I admit it as has now been proposed, the Panama The PRESIDING OFFICER. The Sen- polls rather well. But our job is to ac- and Colombia and South Korea Free ator from Ohio is recognized. tually add employment to the United Trade Agreements that open new mar- Mr. BROWN of Ohio. Mr. President, I States, and one of the key audiences kets for the United States. Particu- appreciate the words of my freshman we should listen to is people who sell larly in the case of Colombia, the mar- colleague, Senator KIRK. I think he U.S. goods in China. kets would be opened for Illinois corn recognizes from his days as a foreign If you delve into the intellectual growers. For South Korea, I think it policy expert, when he worked for the property issue and the comprehensive would end the beef impasse we have government on foreign policy, that a theft of intellectual property, you will had and also open high-technology Presidential waiver is essential. My find that China has some fairly rep- aviation markets for the United guess is he would have attacked this utable intellectual property laws, but States. bill if it had not had a waiver for the they are not enforced. A common thing When I talk about the Gang of 6, President, saying there is no way the you hear about China is a phrase that when I talk about the Collins amend- President could possibly look out for is often used in the Chinese language. ment, when I talk about tax reform, national security at the same time as It goes something like this: The moun- when I talk about free-trade agree- he executes this legislation. tains are very high and the Emperor is ments—these are all positive agree- So that clearly is a nonstarter ments on which large numbers of far away, meaning despite laws that around here. Everybody recognizes Democrats and Republicans in the Sen- may be on the books in Beijing, they that not having a Presidential waiver— ate can agree and which would pass the are not enforced in the provinces where because there is a case sometimes when House of Representatives, rather than so much theft of intellectual property the President does need the authority the underlying legislation which the when it comes to national security, happens. President of the United States has in- I would argue that a bipartisan agen- and I am concerned about national se- dicated he would rather not come up, da that would add to jobs and strength- curity in our trade with China. I have which has a dismal future in the House en our relation with China would be a seen China, over a period of years— of Representatives, and which directly with our acquiescence as a nation, greater enforcement of intellectual puts at risk any job subject to Chinese frankly—I have seen China build more property laws between the United retaliation from this legislation. States and China. There, we would ac- I also note that when you read the and more national security infrastruc- tually have allies, such as the man who basic text of this legislation, it is not ture and in some cases seeing our na- is most likely to become President of serious because it has a big waiver in tional security infrastructure weak- China, Xi Jinping, who wants China to it. Even if it made it to the President’s ened because we don’t do as well with be a strong innovator, and he knows desk, given his calls to legislators on steel and chemicals and all the things China cannot be an innovative nation this issue, there is no doubt in my that go into our national security ap- if it represents a comprehensive theft mind that the President would execute paratus. So I am, in fact, concerned of intellectual property worldwide. He the waivers in this legislation. about that. knows China’s intellectual property So what are we doing? We are prob- I am also concerned; I hear two law has to be actually enforced in the ably advancing a well and poll-tested things, two main arguments. I have sat provinces if they are to have techno- piece of legislation in the Senate. I on the Senate floor as the manager of logical development. His interests are imagine some people would want to this bill for several hours over the last actually in line with the interests of take advantage of that dialog. But couple or 3 days and listened to this de- U.S. exporters, and here we could have have we made it into enacted law? bate. It seems the Republicans’ opposi- a very productive dialog which actu- Overwhelmingly, likely no. Are we ac- tion—most Republicans voted for this, ally stops the theft of intellectual tually going to take any legitimate ac- so I don’t want to say it is over- property in China and enhances the ex- tion? Even by the terms of the legisla- whelming, but the people who have port potential of Americans. tion and its waiver, it would be exer- spoken against it have mostly been I worry that we are diverting the cised by the chief executive officer of conservative Republicans who seem to time of the Senate from the big game, the United States, and therefore no ac- pay a lot of attention to Club for which is the joint committee and its tion would be taken. But we would Growth and those most conservative work on reducing the deficit. I have open the very people whom we want to parts of their party. But I have heard heard that the President of the United crawl this economy out of recession— two things. I have heard ‘‘trade war, States has called Senators, asking that U.S. exporters—to vulnerabilities for trade war, trade war,’’ and that is in- this bill not come up. When you look at retaliation by the Chinese. Sometimes teresting because that echoes the the prospects for this legislation in the you have to think about the basic prin- words of the People’s Bank of China. It House, you will learn the prospects for ciple of medicine when you look at leg- echoes the words of the Ministry of this legislation are dim at best. islation; that is, first, do no harm. Commerce of the People’s Republic of What should we do rather than trig- As Europe crumbles in a wave of out- China. It echoes the words of the For- ger a trade war with a country that is dated and out-of-gas socialism, threat- eign Affairs Ministry of the Communist about to be the largest economy on ening our economy, as we teeter on the Party of the People’s Republic of Earth? What should we do rather than edge of a new recession because of too China. It mimics their words when I trigger job losses at Caterpillar and many regulations—10 new taxes in the hear them say ‘‘trade war, trade war, Motorola and Boeing, at Schaumburg health care bill—and an uncertain po- trade war.’’ and Peoria and in Chicagoland? I think litical future for deficit reduction But what also concerns me is I listen instead we should focus the Senate leg- under the bipartisan joint committee, to this debate and hear some of the op- islation on passing the Gang of 6 legis- ladling onto that—and our markets ponents of this bill kind of playing the lation that would reduce the net bor- and the future of our retirement sav- ‘‘blame America first’’ game. They rowing of the United States by $4 tril- ings—a trade war with the second larg- seem to say this is not China doing this lion. We should adopt the Collins mora- est economy on Earth would be unwise to us, this is us doing this to us—or torium on job-killing regulations cost- at best and put the jobs of many Amer- perhaps we doing this to us, to be more ing over $100 million to reassure the icans at risk at worst. grammatically correct. I am aghast

VerDate Mar 15 2010 00:44 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.022 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6156 CONGRESSIONAL RECORD — SENATE October 5, 2011 that China games its currency system, Where I come from, they say when the largest trade organization for that China undercuts our manufac- you throw a rock at a pack of dogs, the American manufacturers, over the last turing because they ‘‘cheat,’’ and that one that yelps is the one you hit. Of several years on what to do about this. there are some Members of the Senate course, the Chinese are going to yelp Many of the small companies such as who stood up right here and took the because they don’t like this. We are Automation Tool & Die in Brunswick, oath of office to the United States of saying to them they have to follow the OH, and a company in Dayton that America who are blaming America rules—no more breaking the rules. does printing, where I just spoke to first for what China is doing to us. They cannot cheat the way they have Jeff Cottrell, who owns that company I can see blaming our government for cheated. and has a number of employees in Day- not enforcing trade rules better. Presi- Of course, in the Communist Party, ton, OH—those companies understand dent Obama, while he has not come out in the People’s Republic of China, the currency undercuts them. The Bennett yet for this bill, has enforced trade Ministry of Commerce is going to brothers at this company in Brunswick laws better than any President since squawk. Of course, the People’s Bank told me in Cleveland a couple days ago Ronald Reagan, who actually probably of China is going to squawk. These are why they support this bill. They said set the gold standard for trade enforce- all arms of the Chinese Communist they had a contract they thought was a ment. We haven’t seen it since Presi- Party and arms of the Chinese Govern- million-dollar contract, and they began dent Obama. I am a bit intrigued that ment. Of course, they are not happy to change their assembly line, their my colleagues are blaming the United when we do this. It does not mean it is production facilities, their production States for this. It is a little like if not the right thing to do. operation capacity. At the last minute, there are gas stations on Detroit Ave- It bothers me when I see American a Chinese company came in and under- nue in Cleveland, in Westlake or in politicians mimic what the Chinese priced them by 20 percent and got the Rocky River or in Cleveland, one on Communist Party officials are saying, contract. Why did they underprice each side of the road and one gets the their government is saying: trade war, them 20 percent? Because we gave them gas 25 percent cheaper than the other trade war, trade war. This is not a a 25-percent bonus to do it. We have from the supplier—from ExxonMobil or trade war. Fred Bergsten, head of the disarmed this trade war that we are Shell—they can put the other one out Peterson Institute for International not beginning. We are playing defense of business. Do we blame the one that Economics, is a trade official—I believe and we are fighting back. doesn’t get the discount for going out an economist. He is very smart. The I think the American public over- of business? Is that what we are doing? Peterson Institute for International whelmingly says fight back when they To blame America first on this is blam- Economics is a generally conservative play the games, fight back when they ing the United States when China operation that generally plays it game the system. Don’t blame America cheats, and I don’t buy that. I don’t straight on trade. If anything, they are on this one. Stand for American inter- think there is any credence in that ar- a bit too free trade, in my mind, in- est. It is good for our exporters, big gument. stead of fair trade. Fred Bergsten said: companies and small companies alike. I appreciate Senator KIRK’s admoni- I regard China’s current policy as the most It is good for American manufacturing. tion, and I appreciate his celebration, protectionist measure taken by any major We know what that means to workers if you will, of Caterpillar and many of country since World War II. Its currency ma- in Chillicothe, Zanesville, and Toledo. these companies that are exporting nipulation has been undervalued by 20 to 30 We know what it means for our local tens of millions and, in a few cases, bil- percent. vitality and prosperity. It means so lions of dollars to China. More power to Here is the key point: much as we begin to restore American them. I want them to do more exports. That is equivalent to a 20 to 30 percent sub- manufacturing. Look at this chart. Look what hap- sidy on all exports and a tariff on all imports I ask for support for S. 1619. pened. Exports to China have gone up. by the largest trading country in the world. I yield the floor and suggest the ab- The year 2000 was when this Senate and The 30-percent penalty is why our ex- sence of a quorum. the House—where the Presiding Officer ports don’t go up very much. The 25- The PRESIDING OFFICER. The from New Mexico and I sat—voted no percent bonus for the Chinese is why clerk will call the roll. on this when PNTR, permanent normal our imports go up so much. We cannot The bill clerk proceeded to call the trade relations, with China was passed. sell into China’s market very well be- roll. Look what happened since then. Ex- cause they are cheating. That is why Mr. PORTMAN. Mr. President, I ask ports to China went up. I am glad U.S. our exports don’t grow as much, and unanimous consent that the order for exports with companies all over our they can sell so much into our markets the quorum call be rescinded. States—Senator KIRK mentioned a because we are giving that 25 or 30 per- The PRESIDING OFFICER (Mr. handful in Illinois—went up. Look cent bonus. CARDIN). Without objection, it is so or- what happened to imports. Look at the This isn’t a trade war—well, it is a dered. number of imports that went up. Do we trade war. The Chinese declared trade Mr. PORTMAN. Mr. President, ex- know why? Part of that reason is China war on us in 2000 and look how they ports are absolutely critical to our eco- has cheated on currency. When we did benefited from this trade war, and we nomic growth in this country. In fact, the first vote on Monday night—and all are just going to stand here and allow there are nearly 10 million good-paying of us predicted what the Chinese Gov- them to do that? It doesn’t work. That American jobs that are related to ex- ernment is going to do. They are going is why this legislation is so important. ports. The President, Members of Con- to squawk and say: trade war, trade Last point. There are an awful lot of gress, and so on talk about that a lot. war, trade war. I didn’t know a bunch American businesses that think we But I am disappointed we are not mov- of American politicians would mimic need to fix this. I hear my friend from ing forward with an aggressive agenda what they said and say: trade war, Illinois and other Senators come to the to actually open new markets for our trade war, trade war. floor who oppose this bill. There are exports. Here is what happened—listen to only 19 who voted no out of the 98 who I am encouraged that the administra- this—an article in the South China voted. I have heard them come to this tion, finally, this week, sent forward Morning Post on October 5, the day floor and talk about exports, that their three trade agreements that do just after that vote: In a rare move, the businesses have exported. Some have that—the Korea, Colombia, and Pan- central bank, the People’s Bank of and more power to them. I hope they ama trade agreements. These open China, the China Ministry of Com- can export more and create more jobs markets to U.S. workers and farmers, merce, the People’s Republic of China’s in the United States. We need to under- those who provide services, so it is Foreign Affairs Ministry took simulta- stand that those are mostly large com- going to be good for jobs in this coun- neous, coordinated action yesterday to panies that have in some cases the try. The President’s own metrics indi- express Beijing’s strong opposition to wherewithal to outsource jobs to China cate these three agreements alone will the bill, aimed at forcing Beijing to let and in other cases to be able to export create 250,000 new jobs. We need them its currency float. They accused Wash- large numbers. badly. ington of politicizing global currency There was a historic split in the Na- I also want to congratulate Chairman issues. tional Association of Manufacturers, DAVE CAMP and the House Ways and

VerDate Mar 15 2010 00:44 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.023 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6157 Means Committee for reporting out all I consistently hear about this China others—a bipartisan group of Sen- three of these agreements this after- currency issue when I am back in Ohio. ators—on combatting transshipment noon. My understanding is, each agree- I hear about it a lot from manufactur- and customs duty evasion problems, ment received a strong bipartisan vote, ers and the workers at those plants which involve companies from various and I am hopeful those agreements will who tell me it is just not fair that in countries but include China. now come to the Senate for us to be the global marketplace Ohio products So we have a growing list of complex able to move forward—again, opening are not able to compete on a level play- issues facing our relationship with these critical markets that will create ing field. China. I believe they should all be ad- over 200,000 jobs for Americans. Just this year I have worked with a dressed together. I hope the next round I will tell you, these three agree- lot of Ohio companies that are facing of diplomatic and commercial negotia- ments were all negotiated and signed various problems, including Ohio can- tions with China will bring about some over 4 years ago. During that interim dle makers, steel manufacturers, dia- of that discussion and bring about period, the United States has been ab- mond saw blade producers, rare earth some solutions, not just more broken sent from the kind of trade-opening ne- magnet manufacturers, and others who promises. gotiations we ought to be involved are concerned about getting a fair I understand the JCCT, called the with. This President—for the first time shake in the global economy and want Joint Commission on Commerce and since Franklin Delano Roosevelt—has to be sure they are not competing with Trade, between the United States and not asked, as his predecessors did, for unfair Chinese competition. China will meet in November—next trade promotion authority to be able Again, I believe in the benefits of month—and that the next round of the to negotiate new agreements. So we trade. I know they work. I believe in U.S.-China Strategic and Economic are losing market share. reducing barriers, but I also believe Dialogue will take place next year. I Every day there are American work- opening export markets and vigorous urge the administration to use these ers who do not have the same opportu- enforcement of trade laws go hand in negotiations as leverage to get some of nities to compete in foreign markets as hand. They both should be something these real results that are so nec- those workers from other countries do that the United States pursues. essary. because the United States is not ac- China’s undervalued currency does We should also look at multilateral tively engaged in opening markets. We provide, in my view, an export subsidy, approaches, including the World Trade need to do that. making Chinese exports to the United Organization, and certainly the Inter- Right now, we have no ongoing bilat- States less expensive in the global mar- national Monetary Fund. I will tell eral trade agreements. We have one ketplace and making our exports to you, as someone who has sat across the multilateral agreement, which I sup- China relatively more expensive. table in negotiations with tough Chi- port moving forward on—the Trans-Pa- I have long had concerns about this. nese negotiators, endless dialog is not cific Partnership—but, frankly, there Actually, when I was before the Senate the answer. Sometimes that is what oc- are over 100 bilateral negotiations Finance Committee in my confirma- curs. We are not just looking for more going on right now, and America is not tion hearings to be U.S. Trade Rep- talk. I think it is important we get se- a partner in any of them. We need to resentative years ago I stated that I rious—both U.S. leaders and Chinese get engaged because it is so critical to believed China currency does affect leaders—about some of our lingering growing our economy. trade, and I stated that China should trade problems that we have had During the debate we have had over revalue their currency. I still believe through the years so we can have a the last couple of weeks on trade ad- that. I believe this administration healthy trade relationship based on justment assistance, where I was sup- should label China a currency manipu- mutual respect. Each country is important to the portive of a version of trade adjust- lator because I think it is clear there other. We cannot overlook the fact ment assistance to get the trade agree- continues to be manipulation. that China continues to be a very vital ments moving, we had a discussion The legislation before us today is not U.S. export market, despite the issues I about giving the President trade pro- the perfect answer, and I do hope the talked about. Right now, China is the motion authority. We were not able to Senate will permit my colleague, Sen- third largest export market for Ohio get support from the administration ator HATCH, to offer his amendment, goods, for instance. The State I rep- for that. This is critical to move for- which I think is a constructive amend- resent sends over $2.2 billion a year in ward. It is because growing goods and ment to improve parts of the legisla- exports to China. With 25 percent of services is absolutely critical to our tion. But I do support the bill with the Ohio manufacturing jobs dependent economic health. expectation that it is compliant with Over 95 percent of consumers in the our international trade obligations and upon exports, this is incredibly impor- world, of course, live outside of our that it gives the administration the tant to us. One out of every three acres of land borders. We want to access those con- flexibility it needs to implement this in Ohio is planted for export, so agri- sumers, we want to sell more to them. bill in a smart and sensible way. cultural exports are also important. Export growth and a healthy trading However, I would also say this bill There is also an important issue with system depends on these export-open- has been described on this floor many China that relates to investment both ing agreements, but it also depends on times over the last couple days as I ways: our investment in China and Chi- having a healthy international trading have listened to the debate as doing nese investment here. Let me read to system where all the players play by more than it does. We should not over- you from an editorial that was in the the international rules. So the export- state it. It does not address some other Cleveland Plain Dealer last Thursday. expanding agreements are good. We issues that, frankly, I think would Its title is: ‘‘Chinese investors are wel- need to do more of that. We should be make a bigger difference in our impor- come here.’’ much more engaged, but we also have tant trade relationship with China. to insist that everybody plays by the One of these issues would be indige- If Greater Cleveland is going to prosper in the 21st century, it has to build strong two- same rules. nous innovation, which I believe to be way connections with the rest of the world. Today the Senate is debating legisla- an unfair practice that China is cur- The region has to sell more of its services tion that has to do with one of those rently practicing. Also, there is the and products abroad and welcome talent and rules, and that is the issue of currency, issue of violations of intellectual prop- capital from overseas. That’s the path to and specifically the issue of China and erty rights. It is not so much that the jobs and wealth. their currency manipulation. China is laws are not in place; it is that many The editorial goes on to talk about a country, as you know, where we have times there is not adequate enforce- the collaboration between Chinese a persistent and unprecedented trade ment of the intellectual property laws companies and investors looking to deficit. It is also a very important that are in place. Of course, there is build relationships with Cleveland’s trading partner for us. So it is critical the issue of anticompetitive practices world-renowned medical device indus- we keep that strong trade relationship and subsidies that continue with re- try. but do it on a basis that is fair for us gard to state-owned enterprises. I am Just last week, the mayor of Toledo, and for China. also working with Senator WYDEN and OH, Mike Bell, returned from a 12-day

VerDate Mar 15 2010 04:37 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.028 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6158 CONGRESSIONAL RECORD — SENATE October 5, 2011 trade mission to Asia in order to boost been less encouraged about what they nancial Protection Bureau, agencies job creation in northwest Ohio. Since have done. The new regulatory costs on that are very important on the regu- Mayor Bell’s trip, plans have been an- the private sector are real, and they latory side and are currently exempt nounced for increased commercial ties are mounting. from these cost-benefit rules that af- between Chinese and Ohio job creators Compared to historic trends, we have fect all other agencies. and companies, including launching a seen a sharp uptick over the last 2 On this issue I was very pleased to new international business center in years in these new so-called major or see that President Obama issued an Ex- downtown Toledo. economically significant rules that ecutive order in July which was specifi- These are just a couple of examples have an economic impact of over $100 cally related to independent agencies. in my State of the importance of this million on the economy. They also That order and the accompanying Pres- relationship and why it needs to be have an impact, of course, on consumer idential memorandum called on inde- taken so seriously. This relationship is prices and American competitiveness. pendent agencies to participate in a vital to the future not just of our two George Washington University Regu- look-back, but also, very importantly, countries but, in my view, to the global latory Studies recently told us that called on independent agencies to economy. So we need to be sure, again, this administration has been regu- evaluate the costs and benefits of new it is a healthy relationship. It needs to lating at an average of 84 new major regulation just as, again, all executive be fair. It needs to be on a basis where, rules per year, which, by way of com- agencies were already required to do. again, there is a level playing field on parison, is about a 35-percent increase It is a step in the right direction, but both sides. So it is time for our trading from the last administration and about the problem is that the President’s partners to play by the rules so that, a 50-percent increase from the Clinton order is entirely nonbinding because a indeed, we can have a fair trading sys- administration. President cannot require independent tem. These figures do include the inde- agencies to do that. Congress can. We Trade is key to growth. But, again, it pendent agencies which must be in- can do it by statute. And independent is only one part of a broader problem cluded in the calculations. So there has agencies do not answer to the Presi- that is holding back our economy been an uptick in regulations, and con- dent. So since this order was issued in today, holding back Ohio manufactur- tinues to be, again, despite much of the July—by the way, we have not seen a ers from hiring and innovating. An- rhetoric to the contrary. One common- rush by independent agencies to pledge other big issue that has come to the at- sense step we can take to address this to comply with these principles. Again, tention of this Senate time and time issue is to improve and strengthen they are not required to, so this again is the incredible regulatory bur- what is called the Unfunded Mandates amendment, this second amendment, den that is placed on Ohio’s job cre- Reform Act of 1995, UMRA. would effectively write the President’s ators. So in order to be successful in I worked on this along with some of new request into law so it can be effec- trade, we need to have more open mar- my colleagues who are now in the Sen- tive. kets. We talked about that: a level ate back when I was in the House. It Independent agencies would be re- playing field. But, also, we need to be was a bipartisan effort that basically quired under UMRA to evaluate regu- more competitive at home or else we said Federal regulators ought to know latory costs, benefits, and less costly are not going to be able to create the the costs of what they are imposing. alternatives before issuing any rule jobs in this century that we need to We also ought to know what the bene- that would impose a cost of $100 mil- keep our economy moving forward. fits are, and we ought to know if there lion on the private sector or on State, At a time when we have over 9 per- are less costly alternatives. local, and tribal governments. The fact cent unemployment, it is critical we be The two amendments I am offering is, independent agencies are not doing sure our economy is more competitive. today are drawn from a bill that I in- this on their own. According to a 2011 This regulatory burden is one issue troduced back in June called the Un- OMB report, not one of the 17 major that I think all sides can agree ought funded Mandates Accountability Act. rules issued by independent agencies in to be addressed. It is an effort that now has over 20 co- 2010 included an assessment of both I am joined today by the junior Sen- sponsors. Again, it seems to me it is a cost and benefit. Not one. ator from Nevada, my friend and col- commonsense effort that should be bi- Closing this independent agency league, to offer a couple of amend- partisan. loophole is a reform we should be able ments designed to give American em- The first amendment would strength- to agree with on both sides of the aisle. ployers some relief from the regulatory en the analysis that is required in some Certainly, the President should agree mandates that continue to hold back very important ways. First, it requires with it since it is part of his Executive our economy and hinder job creation. agencies to specifically assess the po- order and memorandum, and this is the There is no official counting of this tential effect of new regulations on job right vehicle to do it. total regulatory burden on our econ- creation, which is not currently a re- This a jobs issue again and a com- omy, and estimates do vary. But one quirement, and in this economy it monsense approach. No major regula- study that is often cited is from the must be. Also, to consider market- tion, whatever its source, should be im- Obama administration’s own Small based and nongovernmental alter- posed on American employers on State Business Administration where they natives to regulation, again, something and local governments without a seri- report the regulatory costs exceed $1.75 we need to look at. ous consideration of the costs, the ben- trillion annually. That is, of course, It also broadens the scope of UMRA efits, and the availability of less bur- even more than is collected by the IRS to require a cost-benefit analysis of densome alternatives. These amend- in income taxes every year. So it is a rules that impose direct or indirect ments move us further to that goal. huge burden. We can talk about what economic costs of $100 million or more. I would urge my colleagues on both the exact number is, but the fact is It requires agencies to adopt the least sides of the aisle to support them. this is something that is forcing Ohio costly and least burdensome alter- I yield the floor. companies and other companies around native to achieve the policy goal that The PRESIDING OFFICER. The Sen- our country to have higher costs of cre- has been set out. So, currently, agen- ator from Nevada. ating a job. cies have to consider that, but they do Mr. HELLER. Mr. President, I rise The Office of Management and Budg- not have to follow the least costly al- today to speak in favor of the two et estimates that the annual cost of a ternative. We simply cannot afford amendments filed by my good friend narrow set of rules—these are just that, again, because of the tough eco- from Ohio, Senator PORTMAN, my what are called the major rules that nomic times we have. amendment No. 674, and above all the are reviewed by OMB over one 10-year The second amendment extends those issue of the day, jobs. period—registers at $43 billion to $55 same requirements to the independent Americans have had to endure great billion per year. agencies. This is incredibly important, hardship over the past few years. This I have been encouraged by what the and these are agencies such as the recession has robbed millions of people current administration has recently Commodity Futures Trading Commis- of their jobs, their homes, their busi- been saying about regulations. I have sion, the newly formed Consumer Fi- nesses, and their sense of security. No

VerDate Mar 15 2010 04:37 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.029 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6159 State has been hit harder than the We can help hasten an economic recov- they need to grow and to create jobs. State of Nevada. My State has the un- ery by embracing progrowth policies The continual threat of increased taxes fortunate distinction of leading the Na- that place more money in the pockets feeds the uncertainty that serves as an tion in unemployment, foreclosures, of Americans. impediment to economic growth. These and bankruptcies. And there is no ques- I would also like to highlight another are all things that both this adminis- tion that the status quo of dysfunc- issue that would help create jobs and tration and Congress could do imme- tional government must end. provide certainty for the businesses diately to boost economic recovery. People from all over the country are across the country; that is, Congress Let’s give the American people a gov- struggling just to get by and are des- should pass a budget. Congress has not ernment that works for them. Remov- perate for real solutions. The under- passed a budget in nearly 21⁄2 years. ing impediments to job creation will lying legislation takes the wrong ap- Passing a comprehensive budget is one get Americans working again and en- proach to job creation and can be very of the most basic responsibilities of sure our children and grandchildren detrimental to economic growth in our Congress, but it has failed to accom- have a brighter future. country. Inciting a trade war with plish this task. I yield the floor and I suggest the ab- China will not create jobs. America desperately needs a com- sence of a quorum. In my home State of Nevada, a trade prehensive 10-year plan that offers real The PRESIDING OFFICER. The war would hurt tourism. It would stifle solutions to the economic and fiscal clerk will call the roll. growth in renewable energy develop- problems in this country. We cannot The assistant editor of the Daily Di- ment and increase costs to consumers lower unemployment rates in Nevada gest proceeded to call the roll. at a time when they can least afford it. or restore the housing market without Mr. SCHUMER. Mr. President, I ask Working to sell American goods in a holistic approach to reining in Fed- unanimous consent that the order for foreign markets is what we should be eral spending and lowering the na- the quorum call be rescinded. fighting for. Instead, it seems job cre- tional debt. The PRESIDING OFFICER. Without ation and economic growth have taken Congress passed another continuing objection, it is so ordered. a back seat to political posturing and resolution that lacks a long-term ap- Mr. SCHUMER. Mr. President, I grandstanding in Washington. It is proach to restoring our Nation to fiscal would like to talk on the bill that we clear that the approach this adminis- sanity. Instead, this bill funds the gov- are debating on the floor about China tration and its supporters have taken ernment for just a few more months. currency. Let me say a few things. To for economic recovery has failed miser- Congress cannot continue to function me and to many of my colleagues on ably. Out-of-control spending, a health without a measure of accountability to both sides of the aisle, very little we care law no one can afford, and seem- hold Members of Congress to their con- could do could be more important in ingly endless streams of regulation are stitutionally mandated responsibility, both the short term and the long term crippling employers, stifling economic which is why I introduced the no budg- than to require China to pay a price if growth, and killing jobs. Instead of et, no pay amendment, amendment No. they continue to flaunt international fighting for measures that create and 674. trade rules and manipulate their cur- protect jobs, this administration has This measure requires Congress to rency, causing their imports to Amer- created more government that con- pass a budget resolution by the begin- ica—their exports to America, our im- tinues to impede economic growth at ning of any fiscal year. If Congress fails ports, to be much cheaper than they every turn. to pass a budget, then Members of Con- should be, and causing American ex- This government continues to tax gress do not get paid. How can Con- ports to China—their imports of our too much, spend too much, and borrow gress commit to a debt reduction plan goods—to be more expensive than they too much. The American public and without a budget? Any serious proposal should be. businesses alike are waiting on a plan to rein in Federal spending and create In the short term, it has been esti- that can plant the seeds of economic jobs starts with a responsible budget. mated by EPI that 2 million jobs could growth and bolster job creation. In- At home in Nevada and across this be created over 2 years if we pass this stead, all they get from this govern- country, if people do not accomplish legislation and China’s currency were ment when it comes to job creation is the tasks their jobs require, they do no longer misaligned. But there is a a big wet blanket. not get paid. Somehow this very basic long-term issue, and that is this: The They need Washington to provide re- standard of responsibility is lost upon bottom line is, what is our future in lief from new burdensome and overly Washington. this country? It is good, high-paying intrusive regulations. Congress must The no budget, no pay amendment is jobs. It is companies, large and small, help job creators by ensuring every not an end-all solution to our economic that create high-end products, products regulation is vetted with a full under- difficulties. It is, however, an impor- that take a lot of know-how, products standing of the impact it will have on tant measure that Congress should that take a lot of skill to create, prod- businesses across the country. adopt in order to show the American ucts that basically are the high end in So I am pleased to join with Senator people that Members of Congress are terms of both manufacturing and serv- PORTMAN in this fight to rein in exces- serious about restoring our country to ices. That is our future. sive government regulation and to im- a period of economic prosperity. Those are our crown jewels. When I plement a market-benefit analysis for Nevadans work hard for their pay- ask—as many of us have asked the all agencies, both executive and inde- checks. So should Congress. And since question—how in a worldwide economy pendent, so the American public will the majority believes the legislation can America compete, the answer is know the true cost of these regula- before us today is a jobs bill, I encour- those companies. I admit that most of tions. As President Obama said: We age them to take up other measures those companies are not large; they are must rein in government agencies and that will help with job creation, such smaller companies. They are small force them to help businesses when as opening our country to energy ex- business people with great ideas for they refuse to do so. I could not agree ploration, streamlining the permitting new ways of providing a service or cre- more. process for responsible development of ating a product. They are the people There are a number of actions Con- our domestic resources, and taking the who employ about 65 percent of the gress can take immediately to help aggressive step of reforming our Tax new jobs in America. They are our fu- bolster our Nation’s economy. The Code. Let’s make the Tax Code simpler ture. Some of them will grow into very adoption of Senator PORTMAN’s amend- for individuals and employers. Cut out large companies. Many will stay em- ments is one of those actions. I look the special interest loopholes while re- ploying 100, 200, 300, or 400 people. But forward to continuing to work with ducing the overall tax burden for all they are on the front lines of world him on these issues. I believe our best Americans. trade. days are still ahead, but we need to Instead of looking for new ways to What have we found over the last change course now. We need to roll tax the American public, we should decade? In almost 10 years, since China back the regulations that are tying the make our Tax Code more competitive joined the WTO, we have lost 2.8 mil- hands of entrepreneurs across America. and provide businesses the stability lion jobs, simply due to the Chinese

VerDate Mar 15 2010 00:44 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.030 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6160 CONGRESSIONAL RECORD — SENATE October 5, 2011 Government’s manipulation of cur- continuation of world trade by China have on their shelves. Half of the prod- rency. We have lost thousands more continuing its currency manipulation, ucts on their shelves in American jobs elsewhere, because China steals why isn’t there more of an outcry? stores cannot, by Chinese Government our intellectual property. China has a That is the question I ask myself. I dictate, be on the Chinese store mercantilist policy of taking an indus- don’t have a good answer. Perhaps it is shelves. Some of our large companies try and nurturing it with local sub- because those editorial writers and big are sort of realizing that letting China sidies and making products so cheap thinkers don’t talk to the manufactur- get away with all of these violations of that they export and overwhelm our ers of high-end products in New York free trade, all these violations of WTO, market. That is what happened with State I talk to, who see they cannot no longer serves their interests, solar cells, solar panels. They can take continue against China unfairly be- though, admittedly, they have not an advantage such as rare earths and cause of currency manipulation. come around to support our bill. oppose WTO rules and say to compa- Whether it is a ceramic that goes into Then there are those who are fearful nies, if you want these rare earths, powerplants, which I talked about yes- that the Chinese will retaliate. That which you need for your products, you terday, or even a high-end window that one drives me the craziest. I grew up in have to make it in China. is used for major office buildings and Brooklyn. When there were bullies and They do this over and over. Why do museums, China uses its currency ma- you didn’t stand up for yourself, they Senator BROWN and Senator GRAHAM nipulation to gain unfair advantage bullied you and bullied you some more. and I and many others feel so strongly over our companies up and down the If you stood up to them, yes, there was about this? Because we know if the line. Maybe those in the ivory towers going to be some retaliation, but it was present trend continues, as Robert don’t talk to the manufacturers on the a lot better than giving in. That is Samuelson, the economist, noted in an ground as so many of us do because what we have done with China. Will op-ed in the Washington Post the other that is our job and that is our living. China retaliate if this bill becomes law day, basically it is a disaster for Amer- Maybe it is because global companies and hundreds of American companies ica. If, when a young entrepreneur cre- have fought our provision in the inter- grow to have countervailing duties im- ates a product or service, that entre- est of their shareholders. posed? Yes. But the Chinese know they preneur is overwhelmed by a Chinese I don’t begrudge the big companies. have far more to lose in a trade war product that has unfair advantage, we Their job is to maximize their share than we do. Their economy is far more don’t have a future. That is it. Many price. If firing 10,000 American workers dependent upon exports—just look at people worry about the budget deficit and moving them to China, and cre- the percentage in terms of GDP—than as the biggest problem America faces. ating those 10,000 jobs in China gives ours. They are far more dependent It is a large problem and I hope we them more profitability, in part be- upon the American market than we are solve it. I will work hard to solve it. cause of currency manipulation, yes, on the Chinese market, as important as But, to me, the No. 1 problem America that is what corporations are supposed it is to many of our companies. faces is how do we become the produc- to do. But that is not in America’s in- While China will retaliate in a meas- tion giant we were over the last several terest. It may have been in General ured way, they will not create a trade decades but no longer seem to be. We Electric—a company that has lots of war. It is not in their interest; they are indeed a consumption giant. We New York presence and that I like very cannot afford to. I have news for those consume more than anybody of our much—it may have been in their inter- who are worried about a trade war: We own products and other people’s. But est to sign a contract for wind turbines are in one. When China manipulates its you cannot be a consumption giant for and give to China intellectual property currency, steals intellectual property, many years on end if you are not also in return. But it sure wasn’t in the in- and uses rare earths to lure businesses a production giant. terest of the workers in Schenectad, and takes our intellectual property and What is a major external factor that even if it might have been in the over- brings it to factories in China, sub- contributes to making us a consump- all interest of the GE shareholder. sidizes them against WTO rules, and tion giant rather than a production Maybe it is because the Business then tries to export the product here, giant? It is the Chinese manipulation Roundtable and the Chamber of Com- as they are doing with solar panels, of currency, because it discourages pro- merce, which is dominated by the larg- that is a trade war, as millions of duction in America and encourages er manufacturers and service compa- Americans who have lost their jobs re- consumption of undervalued Chinese nies and the larger financial institu- alize. So we are in the war. We may as goods at the same time. The anguish tions. They don’t care about American well arm ourselves so that we might that many of us feel about the future wealth and jobs; they care about their win. of this country translates directly into own profitability and sales and share The bottom line is very simple: I this legislation. I know there are lots price, and if China has an unfair advan- hope this bill moves forward. I hope it of academics who sit up in their ivory tage, so be it. That is not their job. goes through the House. A large vote in towers, editorial writers, who love to Maybe that is the reason. That is be- the Senate tomorrow will be a message look at this legislation and without ginning to change, by the way. to the House—Senator BROWN’s bill even examining its consequences say When I last visited China, I met with and, of course, his and ours have been that is protectionism. This is not pro- the heads of the China divisions of combined. But Senator BROWN’s bill tectionism. In fact, this legislation is many of our largest companies, and I passed in the House a few years ago, in the name of free trade, because free had met with the same people several and I hope the President rethinks trade implies a floating currency. That years before—and intermittently some things and signs it, because if he does, is what was set up at Bretton Woods. of them in between—and their tone has my prediction is that China, which That was the equilibrium creator when totally changed. They are exasperated never backs off when it is in their own things got out of whack. But it doesn’t with China’s mercantile policy. One of economic interest, will, because it will exist for China. A lot of countries have the manufacturers, who had been one no longer be in their economic interest pegged their currency in the past and of the leaders in saying don’t touch because penalties will be imposed and we paid no attention, because if you China, because they exported a ton of equality will be imposed upon them have .01 percent of GDP, and you are goods there, had a different tone. He once this bill is law. So they will let worried your tiny little currency will said: We can only export certain of our their currency float—maybe not as be overwhelmed, to peg it by world goods—the ones China doesn’t make— quickly as we want but far more quick- trends, that doesn’t create much trou- and the rest we have to make in China ly than it happens now, once this bill ble. When you are the second largest and in certain provinces. That is a becomes law. economic power in the world, largest or large, huge multibillion dollar U.S. In my view, the arguments that have second largest exporter in the world, to company. been raised against America taking ac- peg your currency totally discombobu- Another company, a major retailer, tion to deal with unfair Chinese cur- lates the world trading system. told us they cannot run their stores the rency manipulation are outdated, Given the danger to the future of our way they wish in China because China wrong, and ineffectual. I have been ar- country, and given the danger to the dictates what they can and cannot guing the other side, our side, for 5

VerDate Mar 15 2010 00:44 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.032 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6161 years. When Senator GRAHAM and I jam through a health care takeover bill and there were some agreements be- first started talking about currency that is raising the cost of health care, tween Senator DEMINT and me on hav- manipulation, imposing a tariff, both making it harder for businesses to hire ing a manufacturing strategy. We are the Wall Street Journal and New York people and adding trillions of dollars to the only major industrial country in Times editorial boards—one very con- our national debt. The Democrats in the world without a real strategy on servative and one very liberal—said Congress did. Other countries did not manufacturing. There are three ways China should be allowed to peg its cur- force us to pass the Dodd-Frank finan- to create wealth in this society: manu- rency. We have made progress in the cial takeover with thousands of new facturing, mining, and agriculture. strength of our intellectual arguments. regulations that are raising costs on Manufacturing has been a dominant We have to take that strength and American consumers and crippling force and a significant creator of the translate it into action. Millions of businesses. Democrats in Congress did. middle class, and I think we agree on American jobs, and ultimately trillions Other countries are not writing hun- that. We agree we want more of it in of American dollars of wealth, and dreds of new regulatory rules that are our country. Thirty years ago, more nothing less than the future of our destroying jobs in our Nation’s energy than 25 percent of our gross domestic country are at stake. sector and keeping us dependent on for- product was manufacturing. Today I yield the floor and suggest the ab- eign oil. The administration’s EPA is. that number is less than half that, and sence of a quorum. Other countries are not blocking Boe- there are countries around the world— The PRESIDING OFFICER. The ing from creating thousands of Amer- Germany, for instance, which has had a clerk will call the roll. ican jobs in the State of South Caro- manufacturing strategy, and they have The legislative clerk proceeded to lina. The President’s National Labor almost twice the GDP and twice the call the roll. Relations Board is. Other countries are workforce. So while Senator DEMINT and I dis- Mr. DEMINT. I ask unanimous con- not forcing 28 U.S. States to require sent the order for the quorum call be agree on this China trade bill, I agree employees to join labor unions that with the other Republican Senator rescinded. make businesses less competitive. The PRESIDING OFFICER (Mr. from his State, Mr. GRAHAM, who has Democrats are the ones protecting been a significant leader. He and Sen- MERKLEY). The Senator from South labor bosses and hurting workers in Carolina. ator SCHUMER have worked on this for, America. I believe, more than half a decade on Mr. DEMINT. I rise to speak in oppo- The Wall Street Journal has called sition to the Chinese tariff bill being responding to the cheating the Chinese this Chinese tariff bill ‘‘the most dan- Communist Party and the People’s Re- proposed by my colleague from New gerous trade legislation in many York. I understand the frustrations public of China have done in the world years,’’ and for good reason. If we pass trade structure. I don’t believe, in any that motivated this legislation, and I this bill, it is likely to spark a trade way, we are starting a trade war. Al- share serious concerns over China’s war. It is unlikely to create new jobs in most any economist will tell us the currency manipulation and trade prac- America but will result in higher prices Chinese have been committing a trade tices. I have worked for years to ensure for U.S. consumers. Businesses will pay war for a decade. That is why our trade that trade happens and that free trade more for raw materials from China, deficit is three times what it was 10 or happens on a level playing field. We which will increase prices on their 11 years ago. It is why so many manu- still have a long way to go. goods and reduce employment. Presi- facturing jobs in Senator GRAHAM’s and The answer to these frustrations with dent Obama and the Democrats should Senator DEMINT’s State of South Caro- China is not to start a trade war that know better after seeing the results of lina, the Presiding Officer’s State of will raise prices on many goods for the tariff that was put on Chinese tires Oregon, and my State of Ohio have American families at a time when they in 2009. In response, China retaliated been lost, not only because of China’s are already struggling, especially when with tariffs on American auto parts currency, but that is clearly a signifi- this approach has already been tried and poultry. This well-intended bill cant contributing factor. I go back to and failed to gain any positive results will have the same unintended results. the illustration of gas stations, one for American workers. The absolute I understand the economic frustra- across the street from the other, in last thing our floundering economy tions people have with China, but as so Akron, OH. If one gas station could buy needs right now is retaliatory tariffs many of Obama’s policies have done, its gasoline with a 25-percent discount, on American products that will destroy this bill will only make things worse. it would soon put the other gas station more jobs. If we want to strengthen our This bill doesn’t export the best of out of business. That is really what has currency, we should start by getting what American workers have to offer, happened with China. China under- control of our own monetary policy. it exports bad economics. Taxes and stands they have a 25-percent advan- We don’t need to start a trade war with tariffs do not create jobs, competition tage given to them because they game China; we need to stop the class war- and markets do. Freedom will work if the currency system. I know what that fare that is preventing jobs from being we let it. means. The Presiding Officer from created right here in America. I urge the Senate to reject this bill North Carolina has seen what has hap- American workers are the best in the and start helping American workers pened to manufacturing in her State, a world, but they cannot fairly compete compete more freely here in America major manufacturing State. Our trade in a global economy when the U.S. and around the world instead of simply problems are not so much with compa- Government is keeping one arm tied trying to hold others back. nies in China, they are with the gov- behind their back. The solution is to I yield the floor and note the absence ernment. It really is our companies free American workers, not to try to of a quorum. against the government. When they tie up our competitors with more mis- The PRESIDING OFFICER. The can game the system with a 25-percent guided policies that will hurt American clerk will call the roll. bonus—when they sell into the United families with higher prices on house- The bill clerk proceeded to call the States, they get a 25-percent bonus, hold goods. The U.S. Government needs roll. and when we try to sell into China, we to give American workers the freedom Mr. BROWN of Ohio. I ask that the get a 25-percent penalty on our compa- to work, and that freedom starts with order for the quorum call be rescinded. nies’ products—that hardly seems fair the freedom to get a job. The PRESIDING OFFICER. The Sen- to me. If President Obama and the Demo- ator from Ohio. So as Senator GRAHAM and Senator crats want to know who is preventing Mr. BROWN of Ohio. I have just a SCHUMER, the two leaders in this for jobs from being created in America, all couple comments with regard to those many years, have said, they just want they have to do is look in the mirror. of the Senator from South Carolina. He to level the playing field. They don’t Let’s be clear about a few things: Other was the ranking member on the Eco- want us to have an advantage over countries are not threatening to mas- nomic Policy Subcommittee on which China. Let’s play fair and straight. sively raise taxes on our Nation’s job also sat the Presiding Officer from Or- Really, that is what the question is, creators and drive jobs overseas. Presi- egon in 2009 and 2010. We held a series and that is what this currency bill will dent Obama is. Other countries did not of hearings on manufacturing policy, finally do.

VerDate Mar 15 2010 00:44 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.033 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6162 CONGRESSIONAL RECORD — SENATE October 5, 2011 The PRESIDING OFFICER (Mrs. There is no way, when labor costs are Senator from North Carolina who is HAGAN). The Senator from Oregon. only about—labor is only about 10 per- presiding, this bill really is the first Mr. MERKLEY. Madam President, I cent of the cost of paper production— major bipartisan jobs—major, biggest wonder if my colleague from Ohio there is no way they could possibly buy jobs bill we have brought in front of would consider a bit of a discussion for something as heavy and voluminous as this Chamber, and this is a chance to a few minutes. wood pulp, ship it across the ocean, finally begin to look toward ways of re- Mr. BROWN of Ohio. Love to. mill it, ship it back in the form of industrializing our country and build- Mr. MERKLEY. I found it very inter- paper, and not—the only way they can ing manufacturing that matters in esting, listening to some of the debate undercut prices is by huge subsidies. places such as Buffalo and Charlotte today, that there seems to be some pol- There may have been other subsidies to and Portland and Toledo. icymakers in the Senate who haven’t it. It may have been water and energy This bill is a real opportunity. I come to understand that when another and capital and land, but it surely was think that is why we got 79 votes on nation pegs its currency, rather than that 25-percent subsidy these compa- the first go-round on Monday night. I letting it float, it does so deliberately nies have when they undercut our man- think it is why we have so many Re- to put in effect what is essentially a ufacturers. publican sponsors of this bill. It is a re- tariff against imports. In our case, that I just know that in 15 years, I say to sult of the work Senator SCHUMER and is a tariff against American imports, the Senator, or 10 years, we will look Senator GRAHAM have been doing for and in some cases it provides a subsidy back on the history of our country and years to begin to build that foundation, to exports. say: Why did we let one country under- and that is why the passage of this bill Now, here we are in America. Why cut our manufacturing base so substan- is so important. would we say it is OK for China to peg tially and lose all those jobs and lose Mr. MERKLEY. I wish to thank the its currency in a fashion that puts a all that technology? When the products Senator from Ohio, Mr. BROWN, for his tariff against American products and are invented in this country, the pro- work, along with the work my col- subsidizes Chinese exports to America? duction is done offshore, and so much league from New York, Senator SCHU- Because that is guaranteed to strip of the innovation that is done on the MER, has done. It is time we stand for jobs out of America. Why would some shop floor ends up in that country workers across our Nation who have Members of this Chamber consider that been systematically losing the good- to be just fine? I am puzzled by that, rather than here, it makes it harder for us, when we lose that innovative edge, paying manufacturing jobs because and I am wondering if the Senator China has been pegging its currency could help me understand. to catch up. Mr. MERKLEY. I think it is impor- and discriminating against American Mr. BROWN of Ohio. I appreciate products to subsidize the export of that. I was listening to one of the pre- tant to understand as well that the pegged currency isn’t the only tool their own. This must be discussed in vious speakers who opposed this bill every corner of our Nation and must be and characterized the bill as a China China is using to create an unlevel playing field against American prod- discussed here on the floor of this tariff bill. The Senator said it exactly Chamber because it is affecting the right. When we sell to China, it is as if ucts. Another is that they use some- thing economists call financial repres- success of American families in Or- they put a tariff on our products. When egon, in Ohio, in New York, in North we buy from them, we give them a 25- sion. That is a fancy word for artifi- cially lowering the interest rates on Carolina, and throughout our Nation. percent bonus—excuse me—when we Thank you, Madam President. I note savings on a level below inflation. So if try to sell to them, they ban that im- the absence of a quorum. port. When we buy from them, they you are a Chinese citizen and you are The PRESIDING OFFICER. The have a 25-percent bonus. It is putting saving money and the inflation rate is clerk will call the roll. us at such a disadvantage, as the Sen- 5 percent, the interest rate you are The bill clerk proceeded to call the ator said. going to get is going to be less than 5 roll. Mr. MERKLEY. In Oregon, we re- percent. It is a way, essentially, of tax- Mr. BARRASSO. Madam President, I cently had the shutdown of a company ing the entire nation, and then the Chi- ask unanimous consent that the order called Blue Heron. It has operated for nese Government takes those funds and for the quorum call be rescinded. the better part of a century, making they give massive subsidies to manu- The PRESIDING OFFICER. Without paper. The point Blue Heron was mak- facturing in China. Those subsidies in- objection, it is so ordered. ing was that because of the pegging of clude grants, and they include below- Mr. BARRASSO. Madam President, if the currency, the paper they tried to market loans. Washington is going to force new regu- sell to China faced a 25-percent tariff, So on top of the huge tariff on Amer- lations on the job creators of this coun- while China’s paper enjoyed a 25-per- ican products which basically stems try, I think America needs to know the cent subsidy if it was sold in the from this currency manipulation, we cost of those regulations. That is why I United States, and it created an abso- have these huge subsidies to domestic rise today to discuss an important lutely unfair international trade play- manufacturers who export to the amendment, an amendment I am offer- ing field that was going to be putting United States. China is supposed to dis- ing to the underlying China currency American papermakers out of business. close those subsidies under WTO, but it bill. It is Barrasso amendment No. 671. No matter how efficient they could may come as a surprise to some in this This amendment, which is a bipartisan possibly be, China, with this subsidy, Chamber that China doesn’t do it. They amendment—it is cosponsored by Sen- could sell into the U.S. market, under- only did it one year, in 2006. So they ator MANCHIN and Senator BLUNT—will cutting American products. Well, that are taking the structure that was set force the U.S. Government to look be- plant shut down. It is one of a series of up and they are abusing it. This adds fore it leaps when it comes to issuing paper plants that have shut down. I to, on top of the currency manipula- job-crushing regulations. think the Senator has some similar sit- tion, further driving jobs out of the Simply put, the administration uations in Ohio. United States, discriminating against would be required to do a comprehen- Mr. BROWN of Ohio. We do. The Sen- U.S. products. sive and transparent jobs-impact anal- ator from Oregon and I have talked Isn’t there a time when we as policy- ysis—a jobs-impact analysis—before about this, that there is a gentleman makers need to stand for American issuing any job-crushing regulations. who worked for a paper company who workers, stand for the American mid- Job creation in this country has al- illustrated to me what China has done. dle class, and say we are not going to most come to a halt. The Labor De- It was a specific kind of paper, a allow another nation in a major trad- partment reported that zero jobs were glossy, coated paper for magazines. The ing relationship to break the rules in created in August. The economic recov- Chinese bought their wood pulp in order to discriminate against the very ery that was promised by the adminis- Brazil, they shipped it to China, milled products that put American workers tration failed to materialize. Unem- it there, and sold it back to the United out of work? ployment remains at 9.1 percent. Mean- States, and they undercut Blue Heron Mr. BROWN of Ohio. As a result of while, the unemployment rate in China and Ohio paper companies because they the work Senator SCHUMER did early on is 4.1 percent. Our economy is stag- had that 25-percent subsidy. this bill, with the cosponsorship of the nant. China’s economy is growing. It

VerDate Mar 15 2010 00:44 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.038 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6163 has been this way since President actually adds to the burden on job cre- job creation, he wants to ‘‘start where Obama took office. ators in this country. most new jobs do, with small busi- The President blames the American The President has tried to justify nesses.’’ people by saying the country has this increasing avalanche of redtape. Well, the sentiment is right, but, grown soft. In September, he stated in He said he does not want to choose be- again, what has he done about it? Ac- a TV interview in Florida: tween jobs and safety. Well, in today’s cording to the U.S. Chamber of Com- The way I think about it is, you know, this regulatory climate, the choice is a merce, businesses with fewer than 20 is a great, great country that has gotten a false one. Washington’s wasteful regu- employees, well, those businesses incur little soft and, you know, we didn’t have that lations are not keeping Americans safe regulatory costs that are 42 percent same competitive edge that we needed over from dangerous jobs. The American higher than larger businesses which the last couple of decades. We need to get people cannot find jobs because no one have up to 500 employees. These figures back on track. is safe from the regulations coming out do not include the avalanche of new Yet, despite the repeated assurances of Washington. regulations coming down the road. of improvement, President Obama’s For every step our economy tries to Since January 1 of this year, over own economic policies have failed. The take forward, Washington regulations 50,000 pages of regulations have been only people who have gained from continue to stand in the way. The ex- added to the Federal Register. The U.S. these policies live in countries over- pansion of the Federal bureaucracy is Chamber of Commerce has said the seas. We see it in China. These are peo- suffocating the private sector econ- President’s new health care law alone ple who are benefiting from American omy. Federal agency funding has in- will produce 30,000 pages of new health companies moving operations outside creased 16 percent over the past 3 care regulations. At whom are many of the United States. Why? Well, it is to years, while our economy has only those aimed? Well, it is these same escape Washington’s redtape. grown 5 percent over the same 3 years. small employers the President claims The President’s stimulus plan failed The regulatory burden is literally to want to help. to produce the 3.5 million jobs the growing three times faster than our The President said he will keep try- President had promised. His so-called own economy. This massive increase in ing every new idea that works, and he green jobs initiative gave us more red Washington’s power has only made the will listen to every good proposal no ink but never came close to the 5 mil- U.S. economy worse and China’s better. matter which party, he said, comes up lion new jobs he predicted. Americans know regulating our econ- with it. Well, I have a pretty simple All the while, the Washington bu- omy makes it harder and more expen- idea. If the President wants to know reaucracy that he controls has contin- sive for the private sector to create which proposals will work to create ued to churn out extensive as well as jobs. The combined cost of new regula- jobs, maybe he should require his regu- expansive new regulations that amount tions being proposed by the Obama ad- latory agencies to tell him how their to an assault on domestic private sec- ministration in July and August alone own actions will affect the job market. tor job creation. The facts are inescap- was $17.7 billion. Much of this cost was The amendment I am offering is able. Since President Obama took of- borne by Americans working in red, going to do just that. It is a bipartisan fice, America has lost approximately white, and blue jobs. amendment. It is based on a bill that I 2.3 million jobs. We have been in an Those who try to justify these poli- have introduced called the Employ- economic crisis, a crisis that extends cies claim they will help us create ment Impact Act. This amendment will to America’s confidence in the Presi- green jobs at some unknown time in force every regulatory agency to pre- dent, confidence in this President to do the future. Our economy, our job mar- pare what is called a jobs impact state- anything that will change the current ket, is not a seesaw. Pushing one part ment—a jobs impact statement—for course. down does not make the other side pop every new rule proposed. What the American people want is up. This administration’s out-of-con- The impact statement must include a leadership, and they have rejected the trol regulations scheme is dragging detailed assessment of the jobs that President’s insistence that the only down large portions of our economy. would be lost or even gained or sent way forward is through more spending Now the President has promised to overseas upon enactment of a rule com- and more Washington redtape on those stop this kind of overreach. President ing out of Washington. Agencies would in this country who create jobs. Obama issued an Executive order at be required to consider whether new In September, the President ad- the start of this year. Way back in the rules would have a bad impact on our dressed a joint session of Congress. He beginning of 2011 he said he wanted to job market in general. This job impact actually said he wanted to eliminate do that, to slow down Washington’s statement would also require an anal- regulations, regulations he said put an regulations. ysis of any alternative plans that unnecessary burden on businesses at a Let’s see how effective the President might actually be better for our econ- time, he said, they can least afford it. has been with his Executive order. omy. Well, we heard this same message from Well, it has failed. In the month the The amendment requires regulatory the White House time and time again. President issued his Executive order, agencies to examine and report on how The rhetoric coming out of this White way back in the beginning of 2011, all new rules might interact with other House simply has not matched the re- of those months ago, hundreds of new proposals that are also coming down ality. rules and regulations have been either the road. The problem with Wash- In fact, Washington continues to roll enacted or proposed. For every day ington regulations is not only that out redtape each and every day. The that goes by, America’s job creators they are too sweeping, but there are redtape makes it harder and more ex- face at least one new Washington rule also too many. It makes no sense to pensive for the private sector to create to follow. look at any one individual rule or regu- jobs while making it easier to create When the President announced his lation in a vacuum and then enacting jobs in foreign countries such as China. Executive order, he said he wanted to hundreds of them without identifying The President said his administration promote predictability and reduce un- and understanding their cumulative has identified over 500 reforms to our certainty. These are very laudable impact and effect. regulatory system, he said, that would goals, but a new rule every day does The cumulative effect of those regu- save billions of dollars the next few nothing to promote predictability and lations is going to spell death by a years. is the very definition of uncertainty. thousand cuts for hard-working Ameri- Well, I appreciate that the White The main source of uncertainty in the cans who are trying to work, trying to House may have identified wasteful economy right now is Washington reg- support their families. In keeping with regulations, but it will not help our ulations. the principles of transparency that economy unless the White House re- To make things worse, the people President Obama regularly proclaims peals those wasteful regulations. The most victimized by this uncertainty is a priority for him, this bill, this President’s jobs plan does nothing to are the very people the President amendment, will require every jobs im- fix the regulatory burdens faced by claims he wants to help. The President pact statement prepared by a Federal America’s job creators. His jobs plan said last year that when it comes to agency to be made available to the

VerDate Mar 15 2010 00:44 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.039 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6164 CONGRESSIONAL RECORD — SENATE October 5, 2011 public. The American people deserve to because of a great work ethic and inge- was any different, other than the fact know—have a right to know—what nuity and ideas and entrepreneurship. that they value their currency in a way their government is actually doing. We are moving forward and creating that allows them to have it appear that Federal agencies in Washington need new ideas. More clean energy patents it costs less. So this is something we to learn to think, to think about the are being created in Michigan than in intend to take action on. American people before they act. Re- any other place in the country. We know right now that if the Chi- quiring statements from these agencies We just had news today that, in fact, nese currency was revalued, if they did on what their regulations will do is we are—last year 2010—the fastest what everybody else does and followed nothing new. For 40 years the Federal growing high-tech sector. There are the rules, we would see up to $286 bil- Government has required an analysis more high-tech research and develop- lion added to the U.S. GDP right now. of how Federal regulations will impact ment jobs in Michigan than any other We would see 2.25 million U.S. jobs America’s environment. They have to place in the country. So we know how being created if China and others file what are called environmental im- to compete and we know how to win. around them followed the lead and re- pact statements. What I am asking for But we are in a global economy, valued their currency—2.25 million is simply a jobs impact statement. where our companies are competing jobs. We don’t need a line item in the Past generations of legislators right- against countries. When we have an en- budget to do that. ly recognized the importance of Amer- tity, a country like China that does We are not talking about a new pro- ica’s land, air, and water. It is equally not believe they need to follow the gram. We are simply talking about lev- important that we recognize the impor- rules—whether it is stealing our pat- eling the playing field and stopping tance of America’s working families as ents, whether it is blocking our busi- China from cheating. We can create well. America’s greatest natural re- nesses from being able to bid to do those jobs. Our deficit would be re- source is the American people. We are business in China, or whether it is the duced by between $621 billion and $857 talking about people who want to huge issue of currency manipulation, billion, at no cost to taxpayers. At a work, who are willing to work, who are which is in front of us today, we know time when we are struggling with the looking for work, and yet cannot find a the rules matter. We know it is our job largest deficit we have ever had, and job. to stand for American businesses and we are struggling with how we address This amendment, the Barrasso American workers, and that is what that, the ability to have up to $857 bil- amendment, will force Washington bu- the bill in front of us does. lion reduced in our deficit at no cost to reaucrats to realize Americans are It says to China and any other coun- taxpayers—that sounds like a pretty much more interested in growing our try involved in currency manipulation good deal to me. People in Michigan Nation’s economy than they are in that we have had enough. It directs would say: Why has it taken so long to growing China’s economy. Treasury to take action; to look be able to address this? I urge a vote and adoption of this around the globe, determine where Now is the time that we have a amendment. there is currency misalignment, and to strong, bipartisan coalition. I am so I yield the floor. prioritize the countries that are most proud of all our colleagues who have The PRESIDING OFFICER. The Sen- egregious in their actions—we know come together from every part of the ator from Michigan. China is at the top of that list—and country, every part of our economy, whether it is manufacturing, agri- Ms. STABENOW. I rise today to, first then it requires them to act. of all, congratulate all of my col- It requires Commerce to work with culture, textiles or those involved in leagues, the 79 Members who came to- our businesses to act. We have had high tech, saying it is time for us to gether to vote to proceed to a very im- enough talk. We have had enough of stand for America, for American jobs, portant measure, a jobs bill that is cur- hearing about give China time. We are and for American businesses. That is rently before us. now past 10 years when they entered what this is all about. What else are we hearing about this particular effort? The great news is that it is a jobs bill the WTO, and every time we start talk- The Federal Reserve Chairman, Ben that will cost us zero dollars to be able ing about this, they say: Well, we are Bernanke, said: to implement in terms of about 2.25 going to change it. We are starting to million new jobs, new jobs that will change it. The Chinese currency policy is blocking what might be a more normal recovery proc- come. Why? Because we are saying as a There are those in Congress who say ess in the global economy. It is . . . hurting group, as the Senate: Enough is not only has it not changed but maybe the recovery. enough, and we want China as well as it is even getting worse. The point is, Again, that is something we can do other countries to follow the rules. We we are losing jobs as a result of the to reduce the deficit and create jobs. want them to follow the rules so when way China cheats. Enough is enough. China is proceeding with a policy that our companies and our workers are How do they do that? In this case, is hurting the recovery, at a time when competing in a global economy they when we say currency manipulation, we need to get everything out of the will have a level playing field and the eyes glaze over. The reality is, because way so we can come roaring back as a ability to compete. We know if the of the way they value their money— country. We are the greatest country rules are fair, if there is a level playing their currency—they are able to get an in the world. We have tremendous chal- field, we in America will compete, and artificial discount. Their products ap- lenges right now, economically, that we will win. We know that. pear to cost less coming to the United we will work our way out of. But one of The biggest violator on any number States—the same product made the the first things we can do is say to of trade issues we know of right now is same way. Ours artificially gets an in- China: Stop cheating. China. When they joined the WTO 10 crease in the price. It can be up to a 40- We also have C. Fred Bergsten, a years ago, the whole point of them percent difference, not because of any- former Assistant Treasury Secretary, being able to join the world community thing other than the fact that they do saying this: under a world set of economic agree- not value their currency the way every I regard China’s currency policy as the ments was to make sure they would other country in the world does in the most protectionist measure taken by any have to follow the rules like everybody world economy. They always make major country since World War II. else. But ever since that time they sure they peg it in a way that they get Over the years, we have debated fair have done nothing but flagrantly vio- a discount, no matter what. trade and free trade, whether it is pro- late the rules. That is illegal under the WTO. It is tectionist to stand up for American When China does not play by the unfair. It is cheating. That is what this businesses or workers, and here we rules, it costs us jobs. It puts our busi- bill fixes. A real-world example: We have an expert saying to us that Chi- nesses in Michigan, our workers in have some great auto parts manufac- na’s policy on currency manipulation Michigan and across the country at a turers in Michigan, and a very common is the ‘‘most protectionist measure severe disadvantage. It has to stop. We story would be that a part breaks and taken by any major country since in Michigan have been through more, to get another part, it costs $100 in World War II.’’ deeper and longer than any other State Michigan, but the Chinese were able to The reality is, we can compete with in the Union, and we are coming back peg their cost at $60—not because it anybody and win—and we will. But it is

VerDate Mar 15 2010 00:44 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.041 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6165 our job to make sure there is a level sure we create a level playing field so of the Senate Republican High-Tech playing field. This is about American we have the competitiveness structure Task Force. I have to say it is really a competitiveness. This is about being a we need in this country, because we privilege to work with these brilliant global economy and making sure the know if we have that level playing people who work in the intellectual rules are fair, making sure everybody field, there is nothing that can stop property area, and while many of them is following the same rules, and then American ingenuity and American are in Silicon Valley out in California, let’s go for it. I will put America’s in- workers, who are the best in the world we have our own Silicon Valley in Utah genuity and entrepreneurship, research and will continue to be. that is becoming very well known, a and development, and skilled work- I urge adoption of this bill and con- lot of innovation. So we have most of force up against anybody’s. gratulate all my colleagues who have the really great companies right there Some say—and we have heard from been involved with this issue for many in Utah as well. the highest levels of the Chinese Gov- years—colleagues on both sides of the U.S. leadership in innovation has not ernment—it could spark a trading war aisle. I am very pleased we have been gone unnoticed by our economic and if we stand for our businesses and re- able to get the legislation to this point. strategic competitors, who are adopt- quire there be a level playing field. We It is now time to act on behalf of ing and evolving innumerable tactics know we have a complicated relation- American workers and American busi- to steal, expropriate, or otherwise un- ship with China. We borrow funds to nesses. dermine our intellectual property offset our debt. But we also are the I yield the floor and suggest the ab- rights. Few, however, have been as largest consumer market in the world. sence of a quorum. overt in these efforts as China. The sta- They want to be able to sell to us. I The PRESIDING OFFICER. The tistics on counterfeiting and piracy cannot believe they will decide that clerk will call the roll. alone are staggering. According to a re- they suddenly don’t want to sell to the The legislative clerk proceeded to cent report by the U.S. International United States all those things they call the roll. Trade Commission, firms in the U.S. make, the largest consumer market in Mr. HATCH. Mr. President, I ask IP-intensive economy that conducted the world. The difference is, they would unanimous consent that the order for business in China in 2009 reported not be able to cheat, to get artificial the quorum call be rescinded. losses of approximately $48.2 billion— discounts that will hurt an American The PRESIDING OFFICER (Mr. that is billion with a ‘‘b’’—in sales, small business that is making the same WHITEHOUSE). Without objection, it is royalties, or license fees due to IP in- product. so ordered. fringement in China. Now, that bears As for the American textile industry, Mr. HATCH. Mr. President, as we dis- repeating: $48.2 billion in losses for I had an opportunity to visit some cuss our relationship with China, it U.S. companies due to intellectual folks who make denim for jeans and strikes me that we are ignoring one of property infringement in China. folks in the cotton industry and talk the most critical issues impacting U.S. Perhaps most disturbingly, the ITC report noted that companies reported about competitiveness and what this competitiveness in regard to China— that an improvement in IP protection protectionist policy in China is doing namely, China’s inadequate protection and enforcement in China to levels to the American textile industry, of U.S. intellectual property, or what I comparable to that in the United which is beginning to come back—and call IP. States would likely increase employ- will come back if, in fact, there is a Let’s remember that intellectual ment by 2.5 percent. Think what that level playing field on trade. But they property is our Nation’s No. 1 export. would do for our country. That are up against a situation where they American IP underpins the knowledge amounts to almost 1 million U.S. jobs. artificially are facing a 28- to 30-per- economy, providing our workers and And these aren’t just jobs, these are cent discount because of currency ma- companies with a significant competi- really good jobs. These are jobs that tive advantage. In short, IP equals jobs nipulation. Yet they are still com- would benefit our country a great deal. peting. Can you imagine if the rules for American workers. It is that sim- But counterfeiting and piracy does were fair? ple. Studies have shown that IP-inten- not stop at China’s border. Based on This is about American competitive- sive industries employ more than 19 U.S. border seizure statistics, China is ness, and it is about the fact that we million workers, create higher paying the primary source of counterfeited are responsible for making sure there jobs across all skill levels, and support products in the United States. These is a level playing field for American more than 60 percent of total U.S. ex- counterfeited products from China run businesses and American workers. We ports. That is why throughout my serv- the gamut. We are talking about coun- will not have a middle class in this ice here I have endeavored to ensure terfeit toys, fake drugs, fake auto and country if we don’t make and grow that U.S. innovators and content cre- aircraft parts, counterfeit computer products. We want to make products ators are able to operate in an environ- chips, and counterfeit software, music, here and grow products here and the ment in which their IP, or intellectual movies, and games—in essence, any- jobs will be here and then we are happy property, is adequately protected. thing and everything that has value in to export products. We want to export I am pleased to have been the lead the sights of Chinese counterfeiters. our products, not our jobs. That is the Republican sponsor of the recently en- Imagine if you are flying on an air- difference. We are sick and tired of ex- acted America Invents Act, which re- plane and the parts they thought were porting our jobs because of the fact sulted in long overdue reforms to our valid and good parts all of a sudden that China does not follow the rules. Nation’s patent system that will quit working. This is a very important Enough is enough. After more than 10 strengthen our economy, create jobs, point I am making. years, they have not had to step up and and provide a springboard for further Clearly, this is not incidental. It is do what they are supposed to be doing improvements to our intellectual prop- pervasive. Given China’s system of gov- under the agreements they have en- erty laws. I was very pleased to see ernment, it is fair to draw the conclu- tered into. Enough is enough. Senator GRASSLEY take that over as sion that piracy and counterfeiting Again, I look forward to our final the new ranking member of the com- have explicit or implicit government vote on this legislation. I think this is mittee and do such a great job with it. approval, for there is little doubt that a very important moment, at a time And I want to pay tribute to the distin- China would deal severely with any when there are many disagreements, guished Senator from Vermont, Mr. other activity they found objectionable and there have been many difficult LEAHY, as well and to my colleagues in well before it became pervasive. If they times in the Senate—being able to the House who saw the importance of wanted to, they could clean this up. I move forward and take action, the fact that particular new law. It is the first hope they will because it is very much that colleagues on both sides are stand- time we have modified the patent laws to the disadvantage of our country. ing together on behalf of businesses in over 50 years, and that was a his- It is becoming clearer every day that and workers at every corner of this toric event. China’s failure to protect U.S. intellec- country, saying we are going to fight So it is pretty apparent that I take a tual property is part of a well-coordi- for American jobs and businesses, large great interest in intellectual property nated government-led national eco- and small, and we are going to make and all aspects of it. I am the chairman nomic development plan. Nowhere is

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U.S. com- enforcement dollars to defend the in- tions which mandate the transfer of panies face an unrelenting onslaught of terests of a Peruvian labor union valuable technology and rules which governments and NGOs which collabo- should be among the top trade enforce- provide preferential treatment for in- rate in seeking new ways to hamper ment policies for this administration. tellectual property which is developed America’s economic competitiveness China, India, Brazil, Russia, and in China. In addition, there have been by undermining our intellectual prop- Chile are some of the many countries continued attempts to use technology erty rights, by imposing unwarranted where we face very real threats to standards as both a means to erect bar- phyto-sanitary measures that have no American industry and competitive- riers to U.S. technology and as a means basis in science, by enacting new tech- ness due to unfair trade practices and to unfairly acquire very valuable U.S. nical barriers to trade, imposing unfair barriers. But instead of focusing on technology. pricing and regulatory regimes upon these immediate, ongoing, and very This is not to say China has not made our industries, and other equally harm- real economic harms, the administra- any progress in combating the theft of ful measures. Our goal, of course, tion seeks yet again to instead score U.S. intellectual property. Certainly should be to eliminate every single one political points with labor union lead- the commitments made at the recent of these. But the reality of the situa- ership. JCCT meeting regarding indigenous in- tion is that, in a world of limited re- I can hardly blame them for that, in novation and government procurement sources, we must prioritize. a sense, because the trade unions in were a positive step, as was the recent To my mind, the No. 1 priority this country are the biggest supporters agreement by the Baidu Web site to li- should be removing barriers to our ex- of the President and of the Democrats, cense legitimate content from certain ports of goods and services, and elimi- but it is outrageous to not put our IP owners. But while these actions are nating foreign government practices country first under the circumstances. a good start, there is a lot more that which most impact U.S. jobs and eco- It really is outrageous. I think even needs to be done. nomic well-being. Unfortunately, that the trade unions are going to have to We can debate currency manipula- has not been the case under this ad- stop and think about, is this adminis- tion all day long, but if we want to fos- ministration. Unfortunately, that is tration doing what is right with regard ter immediate job growth in the United the situation we find ourselves in. to our interests in all of these coun- States, we should focus our energies on To cite an example, most people real- tries I have mentioned. working to find ways to staunch the ize that China is an enormous problem It is outrageous to direct the limited bleeding when it comes to the theft of for U.S. innovators and content cre- resources of our most important trade American innovation by China. Again, ators. Our companies face policies de- agency toward activities that have lit- we are talking about close to 1 million signed to foster Chinese innovation at tle to do with opening new markets or good-paying U.S. jobs which stand to the expense of U.S. innovators, the im- protecting U.S. jobs. This inability to be created if we can get this problem position of standards-based barriers, prioritize based upon what is best for under control. the continued refusal to direct ade- workers in the economy, as compared I stand ready to work with my col- quate resources toward stemming to what is best for building labor union leagues on this important set of issues, counterfeiting and piracy in both the support, is another unfortunate exam- but these are important issues, and it online and physical realms, and other ple of the administration’s inability to is time for China to grow up and get policies, laws, and regulations that di- lead on trade. into the world community and do what minish the value of U.S. intellectual My amendment requires the Comp- is right. It is a wonderful land. They property. To date, this administration troller General, on a yearly basis, to have tremendous capacities. They are has not filed a single intellectual prop- detail the enforcement activities un- brilliant people. A lot of their engi- erty-related enforcement action dertaken by the USTR and assess the neers were educated here. They are against China. economic impact of each such activity, people who really deserve to be leaders Similarly, Chile continues to fla- including the impact on bilateral trade in the world community if they live in grantly violate the terms of our bilat- and on employment in the United accordance with the basically honest eral free-trade agreement with regard States. It would also include an assess- rules of the world community. But to crucial protections for intellectual ment of the cost of, and resources dedi- right now they do not live in accord- property. Despite the direct and de- cated to, each such activity. ance with these rules, and they could monstrable harm to American I am hopeful my amendment will as- do a much better job on intellectual innovators and workers, no dispute set- sist this and future administrations in property than they have done. tlement process has been initiated with setting rational enforcement priorities. I have been there a number of times, regard to Chile’s failure to adequately By providing an objective measure of and each time I have gone there, I have protect intellectual property in accord- the likely impact on trade and employ- raised the intellectual property issues ance with the terms of our free-trade ment of any enforcement activities un- and I have raised the piracy issues. agreement that we have entered into dertaken, it will also be an important They always say they are going to do with them. resource for this and future Congresses something about these issues, but when In contrast, after 3-plus years of de- in the conduct of our oversight respon- push comes to shove, they really don’t voting significant resources to inten- sibilities. do what really needs to be done. sive negotiations with the Government I would hope all of my Senate col- Another important issue we need to of Guatemala, the Obama administra- leagues could support an amendment discuss is enforcement, and that is why tion announced the initiation of the which provides us with important in- I filed amendment No. 679. My amend- first ever bilateral labor dispute formation and insights which will help ment requires the Comptroller General against an FTA partner. The adminis- us in ensuring that USTR utilizes tax- of the United States to submit an an- tration also recently announced that it payer funds in the most effective man- nual report to the Congress on the will investigate allegations by a Peru- ner possible toward opening markets trade enforcement activities of the Of- vian union that the Government of and removing barriers to U.S. compa- fice of the U.S. Trade Representative— Peru has violated its labor under the nies and workers. or we refer to it as USTR. This is a United States-Peru Free Trade Agree- I rise again today in support of my simple amendment that serves a vi- ment. To me, these actions dem- amendment No. 680. First, allow me to tally important purpose. onstrate skewed enforcement prior- further explain some of my underlying USTR is a relatively lean agency as ities. concerns with the current bill’s ap- compared to much of the bloated Fed- It is hard to believe that Guatemala’s proach. eral bureaucracy. It is at the front alleged failure to adequately enforce We have heard many estimates of job lines in our efforts to open new mar- its own domestic labor laws is any- losses in the United States associated

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Unfortu- count. made significantly worse during the nately, most of those estimates are If we run a higher trade deficit, fi- past 3 years of deficits in excess of $1 highly unreliable and should be taken nance it with dollar outflows, and for- trillion that were used wastefully on with a large amount of skepticism. eign countries recycle the dollars back so-called ‘‘stimulus’’ and commercially We have heard numbers coming out into Treasury bills to finance the non-viable green energy experiments of the labor-backed Economic Policy President’s stimulus spending spree, that just plain did not work. People are Institute, or EPI, saying that 2.8 mil- does the analysis take into account the starting to wake up to this type of ap- lion U.S. jobs have been lost or dis- resulting jobs that the President proach to government. placed because of trade deficits with claims become ‘‘saved or created’’? No. To say that the issue of China’s man- China since that country’s entry into Those jobs numbers are only conven- aged currency peg is the most impor- the WTO, with 1.9 million of those jobs ient when advocates of the stimulus, tant issue for job creation today is tell- estimated to have been in manufac- such as the EPI, wish to promote more ing, and it certainly does not speak turing. Unfortunately, those estimates debt-fueled government spending. well for how the President’s jobs act is come from an unreliable static anal- I do not dispute that there are impor- perceived by his Senate Democratic ysis which essentially says imports dis- tant dynamic effects of international colleagues as a job creator. place labor used in domestic produc- trade on the U.S. labor market. I do My concerns go beyond some of the tion and, therefore, lead directly to job dispute many of the numbers being claims related to job creation. I am loss and unemployment. tossed about and offered as estimates afraid the current bill will be ineffec- Looking at this particular chart of job losses stemming from trade with tive, and could actually end up harm- here, you can see from that chart the China. I do dispute that dealing with ing our exporters through retaliation. relation between U.S. imports, which is our bilateral trade deficit with China is That is a real fear, it is a real concern, the blue line, and the unemployment the most important thing we can do for especially since the Chinese have said rate, which is the red line, and you can jobs today, as the Senate majority they will retaliate. We don’t need that see how it has shot up since 2008, and it leader has suggested. Those doubts, of right now, with the economy the way it is still wavering at the top—does not course, are not reasons to not act on is. But that is what they are going to seem to conform the jobs and unem- the Chinese currency issue, but they do do if this bill passes, even though some ployment claims being made with some lead me to doubt the job creation prior- might think that is the right thing to of the numbers being used in our cur- ities of my friends on the other side of do. And I am not the only one with rent debate. If anything, a casual ob- the aisle. concerns. Today, according to an arti- The President has been actively cam- server might even say that when im- cle by the Associated Press, the White paigning for congressional consider- port growth is strong, it tends to be as- House finally publicly stated that it ation and passage of the so-called sociated with a strong underlying econ- American Jobs Act—right now, today— has concerns with this legislation. omy, one in which unemployment is yet the majority leader here in the While we still don’t know what those relatively low. Senate refuses to let us consider the specific concerns are, we do know that You can see from this chart that the President’s proposal right now, despite they believe approval of the bill would imports were going up throughout the the minority leader having introduced be counterproductive. first part of 2002 to 2008, when they hit We know that. Why doesn’t the ad- a proposal for Senate consideration. the pinnacle and then all of a sudden ministration come out and say it? Why Evidently, Senate Democrats believe drop down with this administration. that construction of a new mechanism is it the President cannot lead on these Now they are coming back up. But the to use to confront China and raise pros- issues? Why is it he always calls on unemployment rate has now gone up pects of trade wars is more important Congress to lead on these issues? That tremendously, and it doesn’t seem to to jobs than the President’s plan. I is why we elected him as President—or be coming down very far. So there is a don’t think so. should I say, that is why they elected correlation here. And, frankly, one The President states—rightfully so— him as President, because I did not that concerns me, as the chart sug- that unemployed American workers vote for him, even though I like him gests, following the pro-growth tax re- don’t have 14 months to wait for action personally. I did vote for my colleague, lief of 2003, the economy began to pick on jobs. Yet we are considering a cur- JOHN MCCAIN. up some steam, imports correspond- rency bill that, at best, would set in Similar concerns were expressed in ingly grew, and the unemployment rate motion a lengthy process of currency an opinion editorial by the New York fell until the financial crisis hit. That misalignment determinations and per- Times entitled ‘‘The Wrong Way to unemployment rate went down. The 2.8 haps ensuing trade sanctions. If anyone Deal with China.’’ They call this bill a million job loss number from the labor- believes that the process set up in the ‘‘bad idea’’ and ‘‘too blunt of an instru- funded think tank, or the 1.6 million currency bill to confront any currency ment.’’ Specifically, they state that job loss number the majority leader re- misalignment in existence today will the bill is very unlikely to persuade cently mentioned here on the floor, and lead to job creation right now or in the China to change its practices, noting many of the other job loss numbers as- next 14 months, then I suggest they do that it will instead ‘‘add an explosive sociated with the China currency issue not understand much about inter- new conflict to an already heavy list of that are being offered by many of my national trade, labor markets, and the bilateral frictions.’’ colleagues on the other side of the often painfully slow processes of inter- That is the New York Times. My floor, are highly unreliable and often national trade negotiations. goodness. That is pretty much the not much different from numbers sim- It took President Obama over 21⁄2 Bible for folks on the other side, and ply picked out of thin air. years to send free-trade agreements to they do write very effectively on some The jobs numbers do not account for Congress, bills that were all set to go of these issues. dynamic flows of workers from indus- from the day he took office. Do you be- I agree currency manipulation is a try to industry, and the message being lieve the legislation before us, even if serious problem, and I have proposed a delivered is that if a job and an indus- it went into effect right now, would better way to address it. My amend- try went away and net imports were lead to a fundamental misalignment ment empowers the administration to going up, then the job must have been finding immediately, along with rap- work within existing frameworks to lost or displaced because of trade. Well, idly ensuing dialogue and action that mitigate the effects of currency manip- that is foolish. would lead to job creation right now? ulation and stop it from occurring. If What happened to the displaced Even if the legislation before us today our negotiators cannot make progress worker? The analysis doesn’t take that were implemented today, it would like- in the WTO and IMF—we go there into account, and merely suggests, ly take months and years before it first—we must go outside these organi- misleadingly, that the worker is unem- achieved any results. zations and align with other like-mind- ployed. What happens to the dollars It is important to confront existing ed countries to confront the Chinese that are associated with financing any currency misalignments and global im- currency interventions together.

VerDate Mar 15 2010 01:16 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.044 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6168 CONGRESSIONAL RECORD — SENATE October 5, 2011 I could not agree more with my col- that the administration seek out those does the Financial Services Round- leagues who have introduced the bill countries that will join our efforts to table. This amendment is already gen- we are debating that China’s beggar- combat currency manipulation so our erating significant support. Why don’t thy-neighbor’s currency policies do actions are more effective and bring my friends on the other side take it, harm the United States and our work- worldwide pressure on China to do declare victory, and go from there? ers, and from that standpoint, I com- what is right and to be more fair. We They can refile it in their name. That mend my colleagues. But massive cur- do need a bold, new approach, and we will be fine with me. I don’t care who rency interventions harm many other need to empower our negotiators to gets the credit for it, I just care that economies and their workers as well. work within the WTO and IMF to en- we handle it in a way that makes sense We should join together in a pluralistic sure a level playing field for American rather than make a bunch of political way to counter China’s actions and ne- businesses and workers. But if they points that frankly will irritate the gotiate a long-term solution to stop cannot do that there and these institu- daylights out of our friends from the fundamental misalignment of cur- tions cannot handle this problem, then China. rencies, whether by China or any other we must join with other like-minded I urge my colleagues to support my country. If we did that, it would bring countries to act in concert to counter amendment and let’s all agree to hold tremendous worldwide pressure on China’s currency policies outside the the administration accountable and China, rather than acting in a bilateral WTO and IMF. work with the other like-minded coun- fashion, which this bill will do. My This bill is going to cause a tremen- tries to challenge China’s currency amendment would allow that to occur. dous dislocation if it passes, and it is practices. I would be happy to give credit to the going to cause a trade war that is I am happy to yield the floor at this other side if they would accept that much to our disadvantage. It may point. amendment. They have to know it is a make good populist talk, but it will be The PRESIDING OFFICER. The Sen- prescient, worthy amendment—some- very much to our disadvantage and, in ator from Oklahoma. thing that would make a difference, the end, will not do what they want it Mr. INHOFE. Mr. President, I ask rather than just making talking points to do. My bill will. It may take some unanimous consent that at the conclu- or creating a trade war with a country effort, but my bill will. sion of the remarks by the senior Sen- that we should work toward getting If they cannot confront these exist- ator from Ohio I be recognized. along with. ing currency misalignments and global The PRESIDING OFFICER. Without Appreciating the Chinese currency imbalances the way we are suggesting, objection, it is so ordered. The Senator will help address global macro- if they cannot do that there and these from Ohio. economic imbalances and serve China’s institutions cannot handle this prob- Mr. BROWN of Ohio. Mr. President, I long-term economic interests as well, lem, then we have to join other like- said to Senator INHOFE I will be no while ensuring that American busi- minded countries to act in concert to more than 10 minutes and I appreciate nesses, farmers, manufacturers, service counter China’s currency policies out- his courtesy and his being here. providers, and workers compete on a side the WTO and IMF. I rise in opposition to the Hatch level playing field. That is what leadership is all about. amendment. I respect and appreciate I just introduced this amendment That is what real executive branch my colleague from Utah and his pro- yesterday around noon and I am leadership should be about. That is posal to negotiate a solution with pleased many of my colleagues have re- what a real USTR should be about. But China and other nations on currency. I viewed my substitute bill and they do we also need a partner. We need an ad- have worked with him on the Health, support it and support a different ap- ministration that will lead on this Education, Labor, and Pensions Com- proach. I think, if we want to work to- issue. If I have an objection to this ad- mittee, as the Presiding Officer has, gether, it is a perfect way of doing it ministration, it is that they do not and I appreciate his concern on all because it gives what the folks want on lead on anything. They didn’t send up a these issues and his wide range of this side and brings the right kind of budget or the one they did failed 97 to knowledge. My firm belief, however, is pressure, without causing a huge trade zero. But they have not taken it seri- his amendment is not going to work. I war that is going to be very much to ously. They just wait for Congress to know he generally does not want to our disadvantage. act and for Congress to do these things. take the same direction we do in stand- In addition, since the introduction of That is what we elected the President ing up to the Chinese. I think, when we my amendment, many business asso- to do, to send up his approach to this. talk about multilateral negotiation, we ciations, advocacy groups, think tanks, That is what we elected him for and he are pretty much saying to the Chinese: and others have come out in support of ought to do that. But they do not, for Please stop the strategy, however un- my substitute bill. I did not file that some reason. fair and in violation of international for political reasons. I did not file that We also need a partner. We need an norms, that has helped your country to just cause trouble. I filed it because administration that will lead on this accumulate enormous wealth. Please these ideas in that bill are far superior issue. My amendment will hold the ad- stop. We hope you will stop. Please to the ideas in the underlying bill. I ministration accountable until they stop, or we are saying please stop what think my friends on the other side achieve results and that is whether it Fred Bergsten says is the ‘‘most pro- ought to look at it and tell me where is this administration or a successive tectionist policy any major country they can improve it and take it over, if administration. We are debating which has taken since World War II.’’ they will. The fact is, it is far superior approach will better solve the chronic We have tried this. We now have the to what the underlying bill is. currency manipulation problem with ability to do multilateral negotiations. Many agree my approach is our best China. My approach has been endorsed Senator HATCH is right. The adminis- chance at solving this problem that we by Americans for Tax Reform, which tration has not particularly led on all find so frustrating. To those who said that the Hatch amendment ‘‘offers that. think this is more of the same old ap- a sensible approach that utilizes the He is also right to add that the Bush proach, I say absolutely not. The old mechanisms created by the inter- administration also did not particu- policies and the old Exchange Rate Act national trade community to resolve larly lead on that. Before that, the have not worked and they need to go. such disputes.’’ Clinton administration did not particu- On that I think we all agree. The Emergency Committee for Amer- larly lead on that. My proposal does not say try and ican Trade says the Hatch amendment We have the ability, without amend- work this out with China and hope for ‘‘will more effectively address concerns ment No. 680—because it would add the best. Instead, my approach directs about currency misalignment by China nothing significant to the procedures our negotiators to work with others and other countries, without opening and the steps that are already in place and challenge China until a solution is the door to many harmful effects on as a matter of current law and prac- agreed to. My approach does not pre- U.S. business and workers.’’ tice—to do these negotiations. We have vent the United States from taking The Retail Industry Leaders Associa- an administration, a Treasury Depart- unilateral action, but it does demand tion also supports my amendment, as ment that may change political parties

VerDate Mar 15 2010 01:16 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.046 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6169 from time to time but doesn’t change to move straightforwardly. It strips the President to spend however he strategies in dealing with the Chinese. away all the delay and the head fakes wants. Now, you may be wondering, It is always: Please stop. We hope you and the feinting and all the other will Congress tell the President where will do something differently. We things the Chinese Party Government to spend the money? To a very limited would like it if you would change what is so good at doing. extent, that is right. When Congress you are doing. We think it would be I ask for defeat of the amendment does not tell the President exactly better if you are not cheating on cur- and passage of S. 1619, and I yield the what he is to do with each dime he rency and cheating on international floor. gets, the President gets to decide what trade policies. We would like, now that The PRESIDING OFFICER. The Sen- to fund. we let you into the World Trade Orga- ator from Oklahoma. This administration has a history of nization, that you actually follow the Mr. INHOFE. Mr. President, I ask making incredibly poor spending deci- rules of the WTO. We think it would be unanimous consent at the conclusion sions with the money appropriated to great if you follow the force of law and of my remarks that Senator HARKIN be it. The biggest example I can think of the rule of law. recognized. is the $825 billion stimulus package. The PRESIDING OFFICER. Without Saying those things has gotten us no- When the President signed this bill in objection, it is so ordered. where. That is why, while I respect February of 2009, he said—and I want Mr. INHOFE. Mr. President, recently Senator HATCH, amendment No. 680 both the majority leader and the mi- you to hold this thought—he said: doesn’t get us anywhere. It doesn’t nority leader came down to the floor to What I’m signing, then, is a balanced plan change the law. It just delays. We talk about the President’s jobs bill. with a mix of tax cuts and investments. It’s know how the Chinese like it when we a plan that’s been put together without ear- There was an effort to bring up this bill delay because every day we delay is marks or the usual pork barrel spending. It’s by the minority leader, and it was ob- one more day where the Chinese cheat, a plan that will be implemented with an un- jected to by the majority leader. And I where the Chinese have an advantage, precedented level of transparency and ac- understand that, but all we have heard countability. where the Chinese, the People’s Repub- from the President from the very first That is what he said. That is a direct lic of China, the Communist Party, can time he introduced this was ‘‘pass the again take advantage of American quote. For those of you who are watch- bill, pass the bill, pass the bill.’’ I know ing, I have news for you: Despite the workers and American companies. there is some reason he keeps using The Treasury Department already President’s remarks, the spending was that phrase over and over. It has prob- has specific reporting obligations. They not balanced, and it had a tremendous ably been tested and is one that I think already have ample authority to con- amount of porkbarrel earmark spend- he believes will move a lot of people. ing even though there were no congres- sult and engage bilaterally, multilater- Frankly, I don’t think it will because ally, and plurilaterally under the Ex- sional earmarks. This is a distinction too many people remember what hap- not many people make. I tried to get change Rates and Economic Policy Co- pened the last time he had a stimulus ordination Act of 1988, which amend- this point across back when the Repub- bill. That is something which has not licans very foolishly talked about hav- ment No. 680 would repeal. been really discussed on the floor in I appreciate what Senator HATCH ing a moratorium on earmarks. I said: consideration of what he refers to as wants to do, but the fact is, we have to Those are congressional earmarks. the jobs bill. So I can see why he keeps make the Chinese understand, other That is not where the problem is. The talking about passing the bill, because than occasional pleading, occasional problem is in bureaucratic earmarks. he doesn’t really want to talk about it. The clearest and most recent exam- begging, the occasional polite re- His new proposal reminds me so ple of a huge earmark is the loan guar- quests—we have to make them under- much of that $825 billion stimulus antee that was given to Solyndra. We stand, if they do not stop manipulating package he rammed through Congress have been reading about this and hear- their currency, if they don’t stop inter- shortly after entering office. It is al- ing about it recently. It is now a bank- vening to keep a weaker renminbi, the most the same thing. The Recovery rupt solar panel manufacturing com- United States will defend itself. The Act is the $825 billion act. It included United States cannot turn the other only $27.5 billion in highway spending, pany. We have heard about that. cheek on this one. which was the stimulus portion of that Solyndra was a politically connected The Presiding Officer said the other bill. We are talking about 3 percent of firm from California that was able to day the Chinese steal our lunch, and if the $825 billion. lobby the White House to obtain a loan we take any of it back, they get all I am particularly sensitive to this guarantee of $535 million to fund its upset at us, although the Presiding Of- since I have in the past been the chair- green jobs pipedream. This happened ficer said it better than I just said it. man of the Environment and Public despite the fact that some in the ad- But the fact is, the Chinese have not Works Committee, and I am now the ministration were warning the White played fairly. I used the example on the ranking member. We have a Transpor- House to give them more time to Senate floor of what currency manipu- tation reauthorization bill we are try- evaluate the company’s finances. It lation means in very simple terms. If ing to get up and get up on a bipartisan seems they were concerned about the there is a gas station on Summit basis. company’s long-term viability. But Street in Akron and there is a gas sta- Back during the consideration of the these warnings were ignored by the tion across the street—there are two Recovery Act, the $825 billion, I tried White House. They wanted to fund the Marathon stations—one of the Mara- to pass an amendment on this floor to project anyway. Why? I think it was thon stations gets its oil from Findlay, increase that to about 30 percent in- for two reasons: First, the White House OH, at a 30-percent discount and the stead of 3 percent of the bill. If that has a fascination with green energy; other station doesn’t, the Marathon had happened, we would not be in the second, political gamesmanship. Some station that gets a discount is going to situation we are today. We would have of Solyndra’s biggest investors are big put the other one out of business, pure a lot of jobs out there that would be fundraisers and have been big fund- and simple. under construction and good things raisers for President Obama. We now As Senator MERKLEY said the other would be happening. know they made repeated visits to the day, there is a tariff on goods we sell to In the case of this $447 billion bill, White House. That is not just a coinci- China, and there is a subsidy on goods which is kind of the Recovery Act lite, dence. China sells to us. How do we compete there is only $27 billion in highway Another question is this: How did the with that? Amendment No. 680 will not spending, and it is not conceivable that White House have the authority to give help us compete with that, it will just he didn’t learn his lesson from the first the loan guarantee to Solyndra in the delay and delay. That does not make go-around that that is the main reason first place? The short answer is sense. That is why this legislation, S. people are upset with it right now. Obama’s stimulus package. That was 1619, without the Hatch amendment, That is the reason he keeps saying: the $825 billion stimulus package. It makes much more sense. It allows us Pass the bill, pass the bill. significantly expanded the Department to move finally and quickly. It allows The proposal includes a few different of Energy’s Loan Guarantee Program, us to move with certainty. It allows us things, but much of it will be sent to and with this expansion the White

VerDate Mar 15 2010 01:16 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.047 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6170 CONGRESSIONAL RECORD — SENATE October 5, 2011 House was able to select Solyndra for a jobs bill, but no one is talking about tem. It was something I would like to loan guarantee. the fact that this is exactly what he have for defending America. But when While the stimulus package did not did before. I don’t know why we are not we analyzed it, we looked and we include any porkbarrel spending in the talking about this and featuring this thought, with what is happening right way that most people think about it— because if he said before that there now, our greatest need is to expand our congressional earmarks—this provides were going to be no earmarks and then F–18 program and buy six new F–18s. So clarity to the fact that when Congress he had 102 egregious earmarks, why we took the $330 million he would have does not explicitly state where tax- would he not do the same thing now? spent on the rocket-launching system payer funds should go, the money is The answer is, he would do it. He would and spent it on six new F–18s, and it handed over to the administration to like to hand this out to his cronies in was a wise thing to do. You can’t do spend however they want. They get to ways that would best benefit him. that now because the President has to earmark every last dime. You may remember the President’s make all of the decisions because that In the case of Solyndra, the Presi- State of the Union Address from earlier would be called a congressional ear- dent handed it over to his political this year. In it, he promised, and I mark. buddies who were in favor of the green quote, ‘‘If a bill comes to my desk with Earmarks don’t increase spending at energy projects. If that isn’t a earmarks inside, I will veto it.’’ Well, all. All they do is say: All right, Mr. porkbarrel project, I don’t know what you have a promise from the President President, you go ahead and spend it is. Now the damage has been done, and that unless Congress gives him all of the way you want to. A recent example the taxpayers are going to be on the the authority to determine how money of this comes from the Bureau of Land hook for as much as $535 million in is spent through the bureaucratic ear- Management within the Department of losses. mark process, he will veto the bill. In the Interior. Sadly, Solyndra is just one of many other words, he will veto a bill unless While I could talk for hours about examples of porkbarrel spending in the he has total authority on how to spend whether the management of Federal stimulus bill. We are talking about the it, and he can spend it on his own ear- lands is appropriate for government to first stimulus bill, the $825 billion bill. marks in spite of the fact that he said do, that is not what I want to bring Not too long ago, Sean Hannity had on there will be no earmarks. So for any your attention to. That is another dis- his program—I think it took him two jobs bill to be considered, Congress is cussion for another time. What I am programs to get it through—the 102 going to have to let the President de- concerned about is how carefully the most egregious earmarks that are re- cide how all the money is being spent. Bureau of Land Management works to corded. It is really kind of interesting. It is a hard concept to get ahold of. keep its actions aligned with the au- In fact, I have the whole list here, and ‘‘Earmarks’’ has become a dirty thorization and power it has been given I am going to ask that it be made a word, and people assume that when you by Congress. We write laws for a rea- part of the RECORD at the conclusion of say ‘‘earmarks,’’ you are talking about son. We say the bureaucracy can do my remarks. congressional earmarks. That is not certain things and not do certain The PRESIDING OFFICER. Without the problem. I have legislation I am things. When we do that, we are lim- objection, it is so ordered. going to be talking about that will cor- iting the bureaucracy and the bureauc- (See exhibit 1.) rect this and better inform the public racy’s authority. We are not saying Mr. INHOFE. I would love to be able as to what is really going on. So we are they can interpret the law in any way to name all of these. These are just ri- finding ourselves in the same situation they choose, but generally that doesn’t diculous. There is $219,000 to study the again. stop them from trying. hookup behavior of female college co- What is worse is the fact that the One thing the Bureau of Land Man- eds in New York; $1.1 million to pay for problem of bureaucratic earmarks is agement is authorized to do by a stat- the beautification of Los Angeles, Sun- not limited to special stimulus pack- ute is to enter into contracts and coop- set Boulevard; $10,000 to study whether ages. It is a normal course of business. erative agreements to manage, protect, mice become disoriented when they On any given day, the administration develop, and sell public lands. In man- consume alcohol in Florida. It goes on is making thousands of decisions on aging public lands, title 43 authorizes and on. Again, there are 102 of these. how to spend money it has appro- the BLM to, among others things, pre- These are the most egregious. priated. Congress first passes laws au- serve the land’s historic value. What is interesting is that the day thorizing the executive branch to do A few days ago, as I was searching after Sean Hannity exposed these ear- certain things, and then we appropriate through the government’s grants data- marks—102 of them—I came to the the money and go and do it. But unless base—by the way, this database is floor and I read all 102 of them. I said: Congress gives specific instructions as something we put in when Republicans What do these 102 earmarks have in to where to spend the money—a proc- were a majority in our committee. The common? The answer: Not one is a con- ess many people decry as congressional Environment and Public Works Com- gressional earmark. They are all bu- earmarks—the administration gets to mittee has a database which will show reaucratic earmarks. They all came decide where to spend the money. In people, if they care to wander through, from the $825 billion. other words, the bureaucracy does the just what the bureaucracy is spending Remember I said a minute ago that earmark or President Obama does it. money on. he said there will be no earmarks in I serve on the Armed Services Com- I was looking through the grants this package? It is the same thing he is mittee. We are staffed with experts in database, and I came across one that saying about this second go-around for defending America. We have experts in shocked me. On September 9 of this the jobs bill he is talking about today. missile defense, experts in lift capa- year, just a few days ago, the BLM an- The administration took $825 billion bility, all of that. The way it has al- nounced its intent to award a grant of that Congress gave it and chose to ways happened before is the Presi- $214,000 to the Public Land Foundation spend it on stupid things such as the dent—whether it was President Bush or to fund a research project to describe ones I just listed, but there are 102 of Clinton or any other President—de- in detail why the Homestead Act of them. I hope he will take the time, signs a budget, and that budget, the pa- 1862 had a significant impact on the since it will be in the RECORD, to read rameters, goes to Congress. Then we in history of America. When I asked them all 102 of them. the authorization committees decide if to justify that, they started talking What does this have to do with the we agree with the President and how about how important history is. jobs bill? To me, the jobs bill is simply he wants to defend America. Today, my question is this: What the President coming back to Congress A good example of that is that right part of this grant has anything to do to ask for more money to spend how- before the prohibition on earmarks with today’s actual public lands? This ever he wants on porkbarrel projects came in, the President sent his budget is not a grant to dust off the historic such as these. No one has talked about down—I think that was his first budg- landmarks at national parks. This is a this on the floor. They have talked et—and in that budget was $330 million research project to study history, about the problems they have with this for a launching system. It was called a which may be a noble task, but none- spending bill and why it is really not a Bucket of Rockets. It was a good sys- theless that is what it is for.

VerDate Mar 15 2010 01:16 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.049 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6171 What the American people need to 97. Precast concrete toilet buildings for 64. Minnesota theatre named after Che understand is that this sort of thing Mark Twain National Forest in Montana Guevara putting on ‘‘socially conscious’’ happens all the time. The bureaucracy ($462,000) puppet shows ($25,000) 96. University studying whether mice be- is completely numb to the fact that we 63. Replacing a basketball court lighting come disoriented when they consume alcohol system with a more energy efficient one in have a $1.5 trillion deficit just in this in Florida ($8,408) Arizona ($20,000) year alone, and while this should in- 95. Foreign bus wheel polishers for Cali- 62. Repainting and adding a security cam- form the way it spends money and help fornia ($259,000) era to one bridge in Oregon ($3.5 million) to prioritize accordingly, it doesn’t. 94. Recovering crab pots lost at sea in Or- 61. Missouri bridge project that already The bureaucracy takes the money egon ($700,000) was full-funded with state money ($8 million) given to it by Congress and spends it 93. Developing a program to develop ‘‘ma- 60. New hospital parking garage in New chine-generated humor’’ in Illinois ($712,883) on porkbarrel projects that are impor- York that will employ less people ($19.5 mil- 92. Colorado museum where stimulus was lion) tant to the President. Right now, there signed (and already has $90 million in the 59. University in North Carolina studying is no way around this. There is no ac- bank) gets geothermal stimulus grant ($2.6 why adults with ADHD smoke more ($400,000) countability or transparency built into million) 58. Low-income housing residents in one it in any way. The bureaucracy ear- 91. Grant to the Maine Indian Minnesota city receiving free laptops, WiFi marks its funds. Basketmakers Alliance to support the tradi- and iPod Touches to ‘‘educate’’ them in tech- I believe this needs to be changed, tional arts apprenticeship program, gath- nology ($5 million) ering and festival ($30,000) 57. University in California sending stu- and I am currently drafting legislation 90. Studying methamphetamines and the that will change the way the bureauc- dents to Africa to study why Africans vote female rat sex drive in Maryland ($30,000) the way they do in their elections ($200,000) racy makes funding decisions. My leg- 89. Studying mating decisions of cactus 56. Researching the impact of air pollution islation will bring true transparency bugs in Florida ($325,394) combined with a high-fat diet on obesity de- and accountability to the process, and 88. Studying why deleting a gene can cre- velopment in Ohio ($225,000) it will require the administration to ate sex reversal in people, but not in mice in 55. Studying how make and female birds state explicitly which laws authorize Minnesota ($190,000) care for their offspring and how it compares 87. College hires director for project on ge- to how humans care for their children in its grant awards. It will also provide a netic control of sensory hair cell membrane way for Congress to weigh in and chal- Oklahoma ($90,000) channels in zebra fish in California ($327,337) 54. University in Pennsylvania researching lenge the administration’s thinking. 86. New jumbo recycling bins with fossils in Argentina (over $1 million) This is not just for the current admin- microchips embedded inside to track partici- 53. University in Tennessee studying how istration; it is for any administration. pation in Ohio ($500,000) black holes form (over $1 million) With trillions of dollars in deficits, 85. Oregon Federal Building’s ‘‘green’’ ren- 52. University in Oklahoma sending 3 re- we cannot afford to give the President ovation at nearly the price of a brand new searchers to Alaska to study grandparents building ($133 million) and how they pass on knowledge to younger another $447 billion to spend on what- 84. Massachusetts middle school getting ever he wants because that is what it generations ($1.5 million) money to build a solar array on its roof 51. Grant application from a Pennsylvania would be. We need to reduce spending, ($150,000) university for a researcher named in the Cli- 83. Road widening that could have been but we also need to ensure that the mate-gate scandal (Rep. Darrell Issa is call- millions of dollars cheaper if Louisiana spending we are doing is justified by ing on the president to freeze the grant) hadn’t opted to replace a bridge that may the laws Congress passes. Because of ($500,000) not have needed replacing ($60 million) 50. Studying the impact of global warming this, we need to bring more light and 82. Cleanup effort of a Washington nuclear on wild flowers in a Colorado ghost town accountability to the bureaucratic ear- waste site that already got $12 billion from ($500,000) marking process. the Department of Energy ($1.9 billion) 49. Bridge build over railroad crossing so Further, I warn my colleagues to not 81. Six woodlands water taxis getting a 168 Nebraska town residents don’t have to be fooled into the idea that whenever new home in Texas ($750,000) 80. Maryland group gets money to develop wait for the trains to pass ($7 million) we pass money off to the administra- 48. Renovating an old hotel into a visitors tion, it is in safe hands. The opposite is ‘‘real life’’ stories that underscore job and infrastructure-related research findings center in Kentucky ($300,000) 47. Removing overgrown weeds in a Rhode true, and I urge my colleagues to op- ($363,760) pose more blank check stimulus spend- 79. Studying social networks, such as Island park ($250,000) ing because of it. Facebook, in North Carolina ($498,000) 46. Renovating 5 seldom-used ports of entry Again, after President Obama stated 78. Eighteen (18) North Carolina teacher on the U.S.-Canada border in Montana ($77 on February 17, 2009, there will be no coaches to heighten math and reading per- million) formance ($4.4 million) 45. Testing how to control private home earmarks in his $825 billion stimulus appliances in Martha’s Vineyard, Massachu- bill, it contained more than 100 very 77. Retrofitting light switches with motion sensors for one company in Arizona ($800,000) setts from an off-site computer ($800,000) egregious, offensive earmarks. I 76. Removing graffiti along 100 miles of 44. Repainting a rarely-used bridge in could—again, I am not going to read off flood-control ditches in California ($837,000) North Carolina ($3.1 million) the list, but it will be a part of the 75. Bicycle lanes, shared lane signs and 43. Renovating a desolate Wisconsin bridge RECORD following these remarks I am bike racks in Pennsylvania ($105,000) that averages 10 cars a day ($426,000) 74. Privately-owned steakhouse rehabili- 42. Four new buses for New Hampshire ($2 making now. million) He will do it again. If we pass an- tating its restaurant space in Missouri ($75,000) 41. Re-paving a 1-mile stretch of Atlanta other $450 billion stimulus bill, we can 73. National dinner cruise boat company in road that had parts of it already re-paved in be sure it will be full of earmarks as Illinois outfitting vessels with surveillance 2007 ($490,000) bad as the ones he put in the initial systems to protect against terrorists ($1 mil- 40. Florida beauty school tuition ($2.3 mil- stimulus bill. lion) lion) This is our second blank check for 72. Producing and transporting peanuts and 39. Extending a bike path to the Minnesota the President. He fooled us once. Do peanut butter in North Carolina ($900,000) Twins stadium ($500,000) 38. Beautification of Los Angeles’ Sunset not let it happen again. 71. Refurnishing and delivering picnic ta- bles in Iowa ($30,000) Boulevard ($1.1 million) With that, I yield the floor. 70. Digital television converter box coupon 37. Colorado Dragon Boat Festival ($10,000) EXHIBIT 1 program in D.C. ($650,000) 36. Developing the next generation of su- BUREAUCRATIC EARMARKS IN THE STIMULUS 69. Elevating and relocating 3,000’ of track personic corporate jets in Maryland that BILL for the Napa Valley Wine Train in California could cost $80 million each ($4.7 million) 102. Protecting a Michigan insect collec- ($54 million) 35. New spring training facilities for the tion from other insects ($187,632) 68. Hosting events for Earth Day, the sum- Arizona Diamondbacks and Colorado Rock- 101. Highway beautified by fish art in mer solstice, in Minnesota ($50,000) ies ($30 million) Washington ($10,000) 67. Expanding ocean aquaculture in Hawaii 34. Demolishing 35 old laboratories in New 100. University studying hookup behavior ($99,960) Mexico ($212 million) of female college coeds in New York 66. Raising railroad tracks 18 inches in Or- 33. Putting free WiFi, Internet kiosks and ($219,000) egon because the residents of one small town interactive history lessons in 2 Texas rest 99. Police department getting 92 black- were tired of taking a detour around them stops ($13.8 million) berries for supervisors in Rhode Island ($4.2 million) 32. Replacing a single boat motor in a gov- ($95,000) 65. Professors and employees of Iowa state ernment boat in D.C. ($10,500) 98. Upgrades to seldom-used river cruise universities voluntarily taking retirement 31. Developing the next generation of foot- boat in Oklahoma ($1.8 million) ($43 million) ball gloves in Pennsylvania ($150,000)

VerDate Mar 15 2010 01:16 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.050 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6172 CONGRESSIONAL RECORD — SENATE October 5, 2011 30. Pedestrian bridge to nowhere in West Budget Control Act has begun their data from the Census Bureau, the pov- Virginia ($80,000) work. It is mandated to produce a plan erty rate has risen to 15 percent—the 29. Replacing all signage on 5 miles of road by November 23 that will reduce future highest level in 18 years. Twenty per- in Rhode Island ($4,403,205) 28. Installing a geothermal energy system deficits by at least $1.5 trillion. As cent of American children are being to heat the ‘‘incredible shrinking mall’’ in chair of the Health, Education, Labor, raised in poverty—one out of every five Tennessee ($5 million) and Pensions Committee, I have been kids in America. 27. University in Minnesota studying how invited to submit recommendations to Last week, the Chairman of the Fed- to get the homeless to stop smoking the supercommittee, and I will do so in eral Reserve, Mr. Ben Bernanke, said ($230,000) the days ahead. unemployment is a ‘‘national crisis.’’ 26. Large woody habitat rehabilitation Certainly, I wish this group well. Very true, Mr. Bernanke. It is a na- project in Wisconsin ($16,800) However, it is critically important we tional crisis. It is far and away the No. 25. Replacing escalators in the parking ga- rage of one D.C. Metro station ($4.3 million) define success in terms that matter to 1 concern of the American people. That 24. Building an airstrip in a community working Americans. Frankly, I am is why an exclusive, single-minded ob- most Alaskans have never even heard of deeply disturbed by the Washington session—obsession—with slashing ($14,707,949) groupthink that defines success nar- spending and reducing the deficit is not 23. Bike and pedestrian paths connecting rowly in terms of maximizing deficit just misguided, it is counterproductive. Camden, N.J. to Philadelphia, reduction. I have come to the floor to If the supercommittee cuts the deficit Pennsylvania, when there’s already a urge members of the supercommittee by $1.5 trillion and does nothing to cre- bridge that connects them ($23 million) to embrace a broader and more power- ate jobs, this would amount to a mas- 22. Sending 10 university undergrads each year from North Carolina to Costa Rica to ful definition of success. Success must sive dose of antistimulus. It will fur- study rain forests ($564,000) include boosting the economy and cre- ther drain demand from the economy 21. Road signs touting stimulus funds at ating jobs. and destroy even more jobs. That, in work in Ohio ($1 million) After all, the most effective way to turn, will make the deficit worse, not 20. Researching how paying attention im- reduce the deficit is to help 25 million better. It is the equivalent of applying proves performance of difficult tasks in Con- unemployed and underemployed Amer- leeches to a patient who needs a trans- necticut ($850,000) icans find jobs and become taxpayers fusion. 19. Kentucky Transportation Department once again. There can be no sustained awarding contracts to companies associated We must stop this mindless march to with a road contractor accused of bribing the deficit reduction without a recovery of austerity. Smart countries, when they previous state transportation secretary ($24 the economy and a return to normal have these kinds of challenges, do not million) levels of employment. Indeed, just yes- just turn a chainsaw on themselves. In- 18. Amtrak losing $32 per passenger nation- terday, the Congressional Budget Of- stead of the current slash-and-burn ap- ally, but rewarded with windfall ($1.3 billion) fice released an analysis showing that proach, which is being sold through 17. Widening an Arizona interstate even if our economy were not in recession— fear and fatalism, we need an approach though the company that won the contract if our economy were not in recession— that reflects the hopes and aspirations has a history of tax fraud and pollution ($21.8 million) if it were employing labor and capital of the American people. 16. Replace existing dumbwaiters in New at normal levels, the deficit would be To be sure, we must agree on nec- York ($351,807) reduced next year by an estimated $343 essary spending cuts and tax increases. 15. Deer underpass in Wyoming ($1,239,693) billion—a reduction of one-third of the But we must continue to invest in what 14. Arizona universities examining the di- deficit in 1 year if we just had normal will spur economic growth, create jobs, vision of labor in ant colonies (combined employment. and strengthen the middle class, know- $950,000) So I have a simple but urgent mes- ing this is the only sustainable way to 13. Fire station without firefighters in Ne- sage to the supercommittee: Go big on bring deficits under control. vada ($2 million) 12. ‘‘Clown’’ theatrical production in Penn- jobs. That message would be strongly Again, I say to the supercommittee: sylvania ($25,000) seconded by people such as Connie If you are serious about reducing the 11. Maryland town gets money but doesn’t Smith of Tama, IA. In January, she deficit, you must put job creation front know what to do with it ($25,000) was laid off after working 27 years for and center in your deliberations and 10. Investing in nation-wide wind power the same telecom company. Since agenda, not just slashing and cutting (but majority of money has gone to foreign being laid off, she has been working as government spending to reduce the def- companies) ($2 billion) a contractor doing the same type of icit. 9. Resurfacing a tennis court in Montana I do not want to be misunderstood. ($50,000) work for less pay and no benefits. 8. University in Indiana studying why Jean Whitt would also agree. She was My preference, of course, is always to young men do not like to wear condoms laid off in 2008 and is now a student at reduce the deficit. I know that. As a ($221,355) Iowa Western Community College, senior member of the Appropriations 7. Funds for Massachusetts roadway con- striving for a new career in nursing. Committee, I appreciate that we must struction to companies that have defrauded She is hoping good jobs will be avail- seize every opportunity to prudently— taxpayers, polluted the environment and able when she graduates. prudently—reduce Federal spending. have paid tens of thousands of dollars in As I said, inside the Washington bub- There are opportunities, including in fines for violating workplace safety laws ble, our leaders have persuaded them- the Pentagon, to reduce Federal spend- (millions) 6. Sending 11 students and 4 teachers from selves that the No. 1 issue confronting ing while minimizing further damage an Arkansas university to the United Na- America is the budget deficit. I assure to the economy and jobs. tions climate change convention in Copen- everyone that ordinary Americans are However, I believe we must be equal- hagen, using almost 54,000 pounds of carbon focused on a far more urgent deficit: ly willing to say no—no—to foolish, de- dioxide from air travel alone ($50,000) the jobs deficit. structive budget cuts. Most important, 5. Storytelling festival in Utah ($15,000) But I am also concerned about a as I have said, the supercommittee 4. Door mats to the Department of the third deficit: the deficit of imagination must broaden its focus to include a Army in Texas ($14,675) and vision in Washington today. I am 3. University of New York researching sharp emphasis on creating jobs and young adults who drink malt liquor and dismayed by our failure to confront the boosting the economy. smoke pot ($389,357) current economic crisis with the bold- That is why I was very pleased by the 2. Solar panels for climbing gym in Colo- ness earlier generations of Americans plan presented by President Obama: rado ($157,800) summoned in times of national chal- the American Jobs Act. As the Presi- 1. Grant for one Massachusetts university lenge. dent said in his speech to Congress, the for ‘‘robobees’’ (miniature flying robot bees) Let’s be clear about the staggering American Jobs Act boils down to two ($2 million) scale of today’s challenge. Our Nation things: putting people back to work Grand Total: $4,891,645,229 remains mired in the most severe pe- and more money in the pockets of The PRESIDING OFFICER. The Sen- riod of joblessness since the Great De- working Americans. ator from Iowa. pression. As I said, some 25 million Most importantly, in my book, the Mr. HARKIN. Mr. President, the so- Americans are desperate to find full- American Jobs Act would dramatically called supercommittee created by the time employment. According to new ramp up investments in infrastructure

VerDate Mar 15 2010 01:16 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.004 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6173 in order to boost U.S. competitiveness Instead of this failed trickle-down ec- launched a program 10 years or so ago and directly create millions of new onomics for the rich, it is time for per- in Ohio to begin to replace—to give in- jobs. colate-up economics for middle-class centives to local governments, local Specifically, the American Jobs Act Americans. We have a saying for this school districts, to vote bond issues includes $30 billion to renovate some out in the Midwest, and I have heard it where there was a lot of State match- 35,000 schools and community colleges many times: You do not fertilize a tree ing funds that built a lot of new nationwide. This would create hun- from the top down. You have to put it schools but nothing close to what we dreds of thousands of new jobs, espe- in at the roots. need yet with all of the progress we cially in the hard-hit construction in- It is time to invest directly in jobs by made. dustry. renovating our crumbling infrastruc- We tell our children that education is The legislation—the President’s ture, rebuilding our schools, putting the most important thing in their lives bill—provides $30 billion to help local laid-off teachers back to work. By all and our lives and our country, and then school districts hire and retain teach- means, it is time to ask those who have we send them to lousy, decaying, fall- ers. This new fund would save or create benefited the most from our economy ing-apart school buildings. I do not nearly 400,000 education jobs. to pay more—yes, to pay more—to help think that quite clicks in kids’ minds. In addition, the American Jobs Act finance these urgent investments. Be- So the school construction part of this includes $50 billion for immediate in- cause these are the kinds of things in- bill, first of all, puts construction vestment in our transportation infra- dividuals cannot do on their own. An workers to work in their high-unem- structure. Again, this will dramati- individual cannot rebuild a highway or ployment rates, as Senator HARKIN cally boost employment, while modern- a school. An individual cannot retrofit said. Second, it puts steelworkers and izing the arteries and veins of our com- a building. An individual cannot build cement workers and concrete workers merce. new energy efficiency systems. But we and people who are making the prod- Now people say: How are we going to can do this acting together. That is ucts—the glass makers, the glass com- pay for all this and these other invest- why it is time to ask those who have panies, and all manufacturers—to work ments, keeping our teachers in the benefited the most from our economy for the materials. Third, it sets the classroom, renovating the infrastruc- to pay some more. foundation by building community col- ture? How are we going to pay for all I close by reiterating that we need to leges and rebuilding school buildings this to get our economy back on track? For the answer, we again need to lis- pursue a path that, first and foremost, and all of that, putting people to work ten to the American people. I received right now, focuses on job creation; in for long-term economic growth and a heartfelt message from Dan Carver, a the longer term, focuses on deficit re- prosperity. We know for a fact the United States, fifth-grade teacher in Carlisle, IA. He duction. After we get the economy says he is struggling similar to other going and get people back to work and in the 1950s, 1960s, and 1970s, created an middle-class Americans to pay his bills being taxpayers again, then we can re- infrastructure the likes of which the and his taxes and he does not under- duce the deficit. As the report showed world had never seen. That is the foun- stand why corporations and the very this week, if we were to just have nor- dation for our prosperity. Unfortu- wealthy are not also paying their fair mal employment levels, we would re- nately, in the last 20 years we have let share. duce the deficit by $343 billion. that infrastructure crumble. We let In poll after poll after poll, by 2-to-1 So I say again to the supercom- that infrastructure decay. When I look margins—2-to-1 margins—Americans mittee: Do not just focus on slashing, at these young pages here, 15, 16, 17, 18 want an approach that includes tax in- cutting, and retreating. years old, I do not want them to in- creases on those who can most afford Focus on raising revenue and charg- herit a huge budget deficit, but I also it, those whose incomes have sky- ing ahead, investing in education, inno- do not want them to inherit a huge rocketed in recent years, even as mid- vation, infrastructure. It means a level education deficit, an infrastructure dle-class incomes have fallen, those playing field with fair taxation—fair deficit. We owe that to that generation who have benefited the most from tax taxation—and a strong ladder of oppor- to do much better than we have. breaks initiated during the Bush ad- tunity to give every American access I thank Senator HARKIN and yield to ministration. By a 2-to-1 margin—this to the middle class. It is time to put him. should be a no-brainer for people elect- America back to work. It is time to Mr. HARKIN. Well, I thank the Sen- ed to Congress. Read the polls. That is change the tenor of the debate. It is ator very much. I thank the Senator what people want done. time to get away from this groupthink from Ohio, a great friend and a great We see all those people up on Wall in Washington; that if only, if only we supporter of working Americans. I Street. It is now spreading to Wash- would just cut more government spend- would just say that the bill that Sen- ington. There is even an event planned ing, somehow magically people will go ator BROWN has been championing is for Mason City, IA, this weekend by a back to work. It is not going to hap- now leading the charge on the China lot of young people, saying: Look, we pen. Only in your dreams. currency bill, and I think it is one of have to raise revenue. We can’t just It will only happen if we are bold the important steps forward in making slash and cut back and retreat. We enough, as our forefathers and people sure we start creating jobs for Ameri- need to raise revenue and charge for- before us were bold enough, to raise the cans. ward. necessary revenue to put this country How can we create jobs for Ameri- We would be foolish to ignore the back to work. That should be the first cans when we have a Chinese currency voices of working Americans from all charge of this supercommittee. that is underpinning their exports to walks of life. For more than a decade I yield the floor. America, undercutting our jobs in this now, these good citizens have been told The PRESIDING OFFICER. The Sen- country? So this is a big step forward. that tax breaks for the wealthy will re- ator from Ohio. I hope we can get cloture. I hope we sult in millions of new jobs and a Mr. BROWN of Ohio. Mr. President, I can move forward on the bill. So I booming economy. That is what they very much thank Senator HARKIN, the thank the Senator from Ohio for his have been told. They were told wealthy chairman of the HELP Committee, for steadfastness on making sure we got Americans are so-called job creators, his advocacy always for the middle the bill to the floor, and I hope we get and if we just shove enough tax breaks class, advocacy always for those who the votes to pass it. their way, jobs will magically bloom. aspire to the middle class, and espe- Again, we can focus on the jobs in Frankly, this is the same old theory cially the jobs bill. I particularly ap- this country, but if we are just going to of trickle-down economics, and it preciate his comments about school continue to allow China to undercut us manifestly has never worked. For ordi- construction. That is a major compo- in just every possible way through ma- nary Americans, the only things that nent of the jobs bill. nipulating their currency so they can have trickled down are wage cuts, mass My State has gone through a pretty undercut us by 20 or 25 percent on a lot unemployment, upside-down mort- good period under Governor Taft, who of goods that come into this country, gages, personal bankruptcies, and dis- is not in the same political party as I how are we going to manufacture those appearing pensions. am but he is a friend of mine who things?

VerDate Mar 15 2010 01:16 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.052 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6174 CONGRESSIONAL RECORD — SENATE October 5, 2011 Mr. BROWN of Ohio. We are joined in mentioned in some of my comments 2.8 million jobs nationally, and a little the Chamber by two of the sponsors of yesterday that we had a hearing in the shy of 107,000 jobs in one State—the this bill: the Presiding Officer, Senator Joint Economic Committee, which for State of Pennsylvania. WHITEHOUSE, and Senator CASEY from those who are not as familiar with the Some would say, well, you should be Pennsylvania. workings of that committee, it is a careful how you say that because we The Senator said something earlier House-Senate joint committee where are not saying that the currency policy about the supercommittee and deficit we have Senators and House Members, they have in place—which I assert is reduction, and what he said is exactly obviously, from both parties meeting cheating—that the job loss could be at- right. Many in this institution and and participating in hearings on a tributed to that solely. I am not saying down the hall in the House of Rep- whole range of topics, most of them that. But there is no question—and I resentatives do not seem to understand dealing with the economy and jobs. think the record is replete with evi- that we cannot only cut our way to Yesterday, we had the Federal Re- dence and examples—that much of that prosperity, we have to grow our way to serve Chairman, Ben Bernanke, who job loss can be attributed to their cur- a more balanced budget and prosperity. testified broadly about a lot of issues. rency policies, as well as other policies One of the things this China currency But I asked him about currency, and they have in place. I will not even get bill will do is, it is estimated by the one of the things he said—I thought into the infringement on copyright and Economic Policy Institute that over 10 this was a pretty significant state- intellectual property, and the whole years it will cut the deficit $600 billion ment. I am just reading something range of other issues where we have to $800 billion. Why is that? Because of Chairman Bernanke said in pertinent disagreements with other policies ema- job growth, because this bill provides— part. This is not, obviously, a full nating from China. according to the Economic Policy In- statement. But when I asked him about Two more points, finally, about EPI. stitute study, it creates more than 2 currency, China currency and their pol- The Economic Policy Institute did an million jobs. That is 2 million people, icy, he said: analysis, and they released the report instead of receiving unemployment I think right now, a concern is that the on June 17, 2011. They wanted to make benefits, instead of being eligible for Chinese currency policy is blocking what a determination that if China were to food stamps, instead of other kinds of might be a more normal recovery process in revalue its currency and play by the things we do for people who are out of the global economy. The Chinese currency rules, to the extent of a 28-percent work, it will mean those 2 million peo- policy is blocking that process. level—and some people think the ma- ple will actually be working, many of I should add here, ‘‘process’’ meaning nipulation they are doing amounts to them in manufacturing. Those are the recovery. Then he goes on to say: more than 28 percent—but if they are $12-, $15-, $20-an-hour jobs. They will be So it is to some extent hurting the recov- able to revalue their currency up to paying taxes. They will be paying into ery process. that level, what would happen? Here is Social Security, into Medicare, into That is the Chairman of the Federal what EPI found: local retirement systems—all of that— Reserve, someone whose job it is not to If only China revalued to 28.5 percent, the paying property taxes for the schools, comment on public policy on a regular growth in U.S. gross domestic product would doing all of the things that employed, basis necessarily or to take positions support 1.631 million U.S. jobs. If other Asian hard-working taxpayers do. on one side or the other on public pol- countries also revalued [at that level, 28.5 So it is a win in that situation too. icy; but the fact that he made that percent] then 2.250 million U.S. jobs would be So while we need to focus on the Presi- statement, which made it abundantly created. dent’s jobs bill, this is one that makes clear that this is not simply a problem I mentioned the study yesterday. I so much sense, and that is why we need for our workers when we lose jobs, said: What if their estimates are off? to move forward. when we hemorrhage the jobs we have What if, for some reason, you had to Mr. HARKIN. The Senator from Ohio lost, but this currency policy that scale down that estimate? Well, if 1.6 clearly understands percolate-up eco- China has in place is an impediment to million jobs—if they are off by even a nomics. I appreciate that very much. I the recovery, the economic recovery of lot, that is still a big job number. If thank the Senator from Ohio for his the world. you add the other Asian countries that leadership. So I thought it was a critically im- are impacted by the policies in China, Mr. BROWN of Ohio. I yield the floor portant statement that he made as fur- you are over 2.2 million jobs. Even if and I suggest the absence of a quorum. ther evidence that this bill we are that is off, it is still a lot of jobs. The PRESIDING OFFICER. The working on is the right way to go. I do This is a jobs bill. We talk about cre- clerk will call the roll. not want to imply that he endorsed the ating new consequences for China The bill clerk proceeded to call the bill; he did not. But I thought it was in- cheating on currency. This is a job cre- roll. teresting that he focused on the eco- ator if we do it—if we can pass the bill Mr. CASEY. Mr. President, I ask nomic recovery worldwide and not only and implement the policy. We can cre- unanimous consent that the order for on the adverse consequences for our ate a lot of jobs over the next several the quorum call be rescinded. workers, our companies, our jobs. years at the same time. This has an The PRESIDING OFFICER (Mr. BEN- Two other notes, and then I will sit impact on job creation and, ultimately, NET). Without objection, it is so or- down. One is the impact in a State on GDP. dered. such as Pennsylvania. I have the privi- I know that when I go back to Penn- Mr. CASEY. Mr. President, I rise just lege to represent the people of Pennsyl- sylvania, people will say to me: Let me for a few moments to make a few com- vania. So I want to make sure the get this straight: You have a bill that ments regarding the pending legisla- record is clear in terms of what China’s deals with getting tougher on China, tion that deals with the currency poli- policies, both on currency, and more relating to their currency policy; you cies that China has had in place which broadly on trade, have meant in the have bipartisan support in the Senate, have proven to be adverse to American context of Pennsylvania workers. and it is a job-creating bill. Why won’t workers. I was saying on the floor yes- A report released just recently by the this pass, and why don’t you have this terday, and I will say it again, that Economic Policy Institute—and we enacted into law? this is not a complicated issue. When hear the so-called EPI quoted a lot—es- I believe we have a lot of momentum China does not play by the rules, when timates that from the year 2001 for passage. I hope the bipartisan sup- they cheat on the international stage through 2010 our trade deficit with port we have on the Republican side of on their currency policies, Americans China has led to the loss of 106,970 jobs the aisle, with a number of Democrats, lose jobs. in Pennsylvania, almost 2 percent of will result in passage of this legisla- We have lost far too many of them total employment in Pennsylvania. tion, especially when you put it in the for us to just sit back and do nothing Across the Nation, the same trade context of two points I made—one, the or sit back and just discuss and urge deficit has led to a loss of 2.8 million job impact or the job loss that has re- and plead instead of taking action. But jobs since 2001. Basically, you are talk- sulted from China cheating on its cur- what I failed to do yesterday was put a ing about less than a decade. Because rency policy over all these years; sec- couple of basic numbers on the table. I of the trade deficit with China, we lost ondly, when you put it into the context

VerDate Mar 15 2010 04:42 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.054 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6175 of not just our economy but the world fixes a simple problem, but one that lived in Syria and visited the United economy—when we have the Chairman vexes an array of companies that I hear States for a medical conference earlier of the Federal Reserve saying their pol- from regularly. this year. Upon his return to Syria, icy on currency is impeding—well, I Under current law, when Customs demonstrations against the Assad re- will read what he said: and Border Patrol agents intercept a gime were beginning to intensify. . . . the Chinese currency policy is block- shipment that they suspect contains Sakher was not engaged in politics, nor ing what might be a more normal recovery counterfeit or trademark-infringing did he want to be engaged in politics. process in the global economy. . . . goods, there are prevented from prop- But despite this, he went missing and Blocking recovery in the global econ- erly investigating the shipment be- was soon found dead in a ditch in a vil- omy. That is compelling testimony for cause they cannot share product sam- lage south of the town of Aleppo. anyone who cares about and is con- ples or UPC codes with the intellectual Sakher was subjected to unspeakable cerned about creating jobs here, property holder. torture before he was killed. His visit strengthening our recovery and, obvi- That is ridiculous. Why are we tying to the United States was enough for ously, helping the recovery worldwide. the hands of our agents and preventing the Assad regime to target him for I think the evidence is overwhelming. American businesses from sticking up death. So his brother, a constituent of The support for this legislation is as for themselves? Worse, it means that mine, Hazem, has asked me to do ev- broad based as any I have seen for any shipments of counterfeit goods are erything I can to support democratic bill I have ever considered in the al- being let into this country even when change in Syria and to protect civil- most 5 years I have been in the Senate. Customs agents have reason to believe ians who continue to be hunted down We need to finish this debate this they might be counterfeit. And it is by this brutal regime. week and get a vote. I hope we will not just toys, clothes and electronics I believe—and I know this is a broad- continue to have an overwhelming vote that we are talking about; it is pre- based point of view in this Chamber— that reflects the overwhelming support scription drugs and medical tech- Democrats and Republicans alike be- across the United States. nologies. lieve that now, more than ever, it is Mr. COONS. Mr. President, I rise to We are abetting the trade imbalance critical that the international commu- speak about two amendments I filed that is stifling the American economy nity, led by the United States—and the today to help protect American intel- by allowing this gaping hole to con- United States has done a lot already lectual property from theft abroad. If tinue to exist. In come cheap counter- but needs to do more—show support for we are serious about leveling the play- feit goods, and out go American jobs. the Syrian people who continue to live ing field with countries like China, Our amendment would close this gap- under this dictatorship. The Syrian then protecting U.S. intellectual prop- ing hole in our economic security by people, especially the democracy and erty from theft has to be a part of it. allowing Customs and Border Patrol human rights activists, feel defenseless This summer I went up and down our agents to share the information that against the tanks, guns, and the bullets State meeting with business leaders they need to identify counterfeit goods, of the Assad regime. and asking them about what we need stop these illicit shipments, and pro- The United Nations Human Rights to do in Washington to help them cre- tect American jobs. Council passed an important resolution ate jobs. Though currency manipula- The time has come to get serious which called for the deployment of tion came up from time to time, it about the threats posed to our health three human rights monitors to bear paled in comparison to the fear our in- and workforce by foreign intellectual witness to the terrible crimes in Syria. novative business owners had about in- property thieves. I was very disappointed, and I know tellectual property theft. I yield the floor and suggest the ab- others were as well, but unfortunately When foreign companies and govern- sence of a quorum. we weren’t surprised to see that Russia ments steal our ideas, they are stealing The PRESIDING OFFICER. The and China vetoed a U.N. Security more than just formulas and sche- clerk will call the roll. Council Resolution just last night. matics—they are stealing jobs. These The legislative clerk proceeded to This resolution had been watered down two amendments are about giving call the roll. so much that observers had taken to America the tools to fight back. The PRESIDING OFFICER. The Sen- calling it the so-called monsoon resolu- I introduced my first amendment ator from Pennsylvania. tion. Yet the Russians and the Chinese with my colleague on the Judiciary Mr. CASEY. Mr. President, I ask that still refused to recognize the terrible Committee, Senator KOHL. It provides the order for the quorum call be re- actions of the Assad regime and show a Federal private right of action for scinded. support for the embattled people of victims of trade secret theft. Trade se- The PRESIDING OFFICER. Without Syria. crets are a critical form of intellectual objection, it is so ordered. I am an original cosponsor of Senate property, particularly among manufac- Mr. CASEY. I ask unanimous consent Resolution 180, which was introduced turers, and when they are stolen, it can to speak as if in morning business. in May. This resolution expresses sup- result in catastrophic damage to Amer- The PRESIDING OFFICER. Without port for the peaceful demonstrations ican companies and their employees. objection, it is so ordered. and universal freedoms in Syria and After the Korean company, Kolon, SYRIA condemns the human rights violations was found to have stolen the trade se- Mr. CASEY. We have been dealing perpetrated by the Assad regime. This crets behind DuPont’s next generation with an issue that relates to China’s bipartisan resolution has 25 cosponsors, Kevlar fiber, a jury last month found currency policies. I know that has been but it has been held up by one Senator that DuPont had suffered a staggering the pending business, but I have been who will not let us pass through by $919 million in damages. wanting to address another issue for a unanimous consent—the language we Trade secrets are a critical part of number of days now and I am grateful use around here for letting legislation the American economy. Yet they are for this opportunity. It is an issue that pass without a rollcall vote, so-called the only form of intellectual property a number of people here in both parties unanimous consent—one Senator, hold- without a Federal cause of action. Our are very concerned about. It relates to ing up a resolution to show our soli- amendment would fix that and provide Syria. darity with and support for the Syrian U.S. victims of trade-secret theft ac- I rise to talk about the situation in people who have been living through cess to the same service of process, Syria, which is a place of ever increas- the most horrific of nightmares, tor- same ability to keep sensitive docu- ing violence, and this violence has ture, killing, and abuse, for all these ments secret, and the same uniformity taken the lives of more than 2,600 Syr- months. of substantive law available to other ians. There is a lot we can do and that we intellectual property victims. I spoke a number of months ago at a should do. There is also a lot we should My second amendment, which I in- hearing about a Pennsylvanian. His be debating here in the Senate. But I troduced with my colleague Senator name is Hazem Hallek, a doctor who can’t understand, on an issue of such GRASSLEY, the distinguished ranking lives outside of Philadelphia in a sub- importance, how we cannot come to member of the Judiciary Committee, urban community. His brother Sakher consensus on something this basic, to

VerDate Mar 15 2010 03:14 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.056 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6176 CONGRESSIONAL RECORD — SENATE October 5, 2011 show fundamental solidarity with the nity of Hama to repress unrest in that ber, in the Senate. This week we sent a people of Syria, especially at this hour. city. The killing that took place in strong message in confirming Ambas- We cannot let another day pass with- February of 1982 was both indiscrimi- sador Ford. Today we can pass a reso- out the Senate expressing its outrage nate and massive in its scale. Some es- lution denouncing the behavior of the over the behavior of the Assad regime. timate that more than 10,000 Syrians Syrian regime. More importantly, the It is not enough just to condemn it in were killed as security forces literally international community can and words. It is very important the Senate razed the city. Thomas Friedman, the should do more. Here are some of the go on record to pass this resolution. New York Times columnist, dedicated measures I believe should take place in I have spoken in the past very highly a chapter entitled ‘‘Hama Rules’’ in his the coming days and weeks. of Ambassador Ford and his team in book, ‘‘From Beirut to Jerusalem,’’ to No. 1, the United Nations has proven Damascus; he is our Ambassador from the horror seen in this town in 1982. to not be the best international insti- the United States to Syria, and I was Assad’s Hama rules were meant to send tution to address the strife in Syria, proud to support his nomination. In- a chilling effect to all who would dare but key regional organizations could stead of conferring legitimacy on Mr. to question the authority of that Assad have a positive and substantial impact Assad and his regime, Ambassador regime. moving forward. The Arab League Ford is the most high-profile opponent Bashar al-Assad has proven today, should suspend Syria’s membership and of the Assad regime, sending out reg- and certainly over the last several call for President Assad to step down. ular condemnations through press re- months, if not years, that he is incapa- The Gulf Cooperation Council should leases and Facebook postings. But ble of reform. explicitly say that President Assad is what has been even more impressive is When faced with the democratic no longer the legitimate leader of the the personal courage demonstrated on movement inspired by the wave of country. an almost daily basis that Ambassador change sweeping across the region, the No. 2, concerned countries in the Ford and his staff have demonstrated younger Assad responded with his own West should work together with the in traveling throughout the country 2011 version of Hama rules. As the Arab League and the Gulf Cooperation and engaging directly with the demo- world watched, as I said before, over Council countries to establish an inter- cratic opposition in Syria. 2,600 Syrians have been killed in a national Friends of the Syrian People Last week, Ambassador Ford met number of communities. Whether it is as a contact group for the region which with the leader of the opposition na- in Hama, or Homs, Rastan, Talbiseh, can serve as the main point of contact tional democratic gathering in Damas- and several other towns across the for the democratic opposition and the cus. Ambassador Ford’s vehicles were country, Assad’s rules seem to be fo- Syrian people. Participation in such a attacked, and he was forced to stay in- cused on the use of militias that have group would not necessarily limit the side the building until security forces been deployed most recently in Rastan options of individual members and arrived 3 hours later to escort him to conduct the most repressive oper- would not preclude bilateral efforts to from the premises. ations that we can think of. These take separate action in support of the He has attended the funerals of gangs receive informal support from Syrian people. It would, however, send human rights activists, observed the the Syrian security services and have a clear message of international soli- aftermath of government massacres, been implicated in Syria’s crimes and darity in support of nonviolent change and engaged directly with the people of atrocities. The Syrian people have in Syria. Syria. He will say that he is just doing asked for international monitors to be No. 3, the Syrian people have asked his job, like good soldiers say often deployed in the country in order to that international humanitarian ob- when we commend them for their valor bear witness and perhaps to provide a servers be deployed in the country to and bravery and service. But I am glad deterrent against the wrath of these monitor the situation and perhaps to the Senate finally did its job last night militias. serve as a deterrent against violence in in confirming Ambassador Ford. Long In the intervening 29 years since the the country. Similar to the OSCE overdue, by the way, but it was finally massacre at Hama, Syria has changed human rights monitors deployed to done. indeed. The Syrian people have shown Kosovo in 1998 to bear witness to the Ambassador Ford serves as a shining that they will not be cowed by vio- violence wrought by the Milosevic re- example of the best our Foreign Serv- lence. The opposition has made re- gime, this international team of mon- ice has to offer to the world. Countries markable progress. Hama rules no itors, primarily composed of individ- that have representatives remaining in longer work in Syria. The opposition uals from the Arab League and the Damascus should join Ambassador has stood up and voted with its feet, Gulf Cooperation Council, could ad- Ford on his visits with opposition fig- every Friday turning out to dem- dress a central concern of the Syrian ures and human rights activists around onstrate and face the wrath, the ter- people and would be a welcome alter- the country. He should not be the only rible, deadly wrath of this regime. native to military intervention from one who bears witness to this horror. Moreover, scores of security forces the outside. Other diplomats should join him on his have abandoned the regime and have No. 4, finally, key countries in the travels throughout Syria. come to the side of the opposition, international community need to cut We have seen some positive develop- something that did not happen in 1982 off commercial ties with the Assad re- ments among other countries in the when the elder Assad brutally applied gime. The United States has done its international community. I want to ac- his Hama rules. part, as has the European Union. Tur- knowledge the increasingly positive In recent weeks we have seen emerge key may announce new sanctions. But role played by Turkey, which is report- elements among the opposition who many countries continue to conduct edly considering sanctions against have resorted to violence. One cannot business as usual with the Assad re- Syria. Turkey is Syria’s largest trad- blame the Syrian people for defending gime. For example, there are reports ing partner, and sanctions could have a themselves in the face of unspeakable that India is considering the purchase serious impact in Damascus. Turkey violence. But I do hope, though, that of crude oil from Syria. The timing of has also provided safe haven in border the aspirations of the Syrian people such a purchase is ill-advised and we camps for more than 7,000 refugees who can be met through a commitment to hope India can look to identify other have fled from Syria to Turkey. Tur- nonviolence, as difficult as that is, and sources of energy in the region, espe- key’s concrete support for the Syrian an understanding that democratic cially at this time. people, combined with ongoing diplo- change comes not from the barrel of a The stakes have been raised in Syria matic pressure, is a critical element in gun, as we have often said on this floor, as never before. The opposition is un- isolating the Syrian regime. but the desire of all citizens to chart a derstandably tired and to some extent We know some of the history here, new course, the course of peace. beaten down, and there is some despair and it is a history of a lot of horror and In summary, the international com- that is starting to set in among the death. Twenty-nine years ago, Bashir munity can do more to support the abused population of the country. At al-Assad’s father unleashed the govern- Syrian people during this darkest of this critical time, the newly con- ment’s security forces on the commu- hours starting right here in this Cham- stituted Syrian National Council needs

VerDate Mar 15 2010 03:14 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.058 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6177 to show the Syrian people that it can training program, increasing the num- RECOGNIZING THE ARSHT FAMILY deliver results in the international ber of explosive detection teams to 43, Mr. CARPER. Mr. President, on be- community. The establishment of a reintroducing the street police service half of Senator CHRIS COONS, Congress- Friends of the Syrian People group, a dog program, and creating a K–9 search man JOHN CARNEY, and myself, we re- and rescue team to locate victims of contact group as I said before, and the member today the lives and lasting building collapses. In addition, he over- deployment of international humani- gifts of late Delawareans, the Honor- hauled the concept of operations for tarian monitors, would demonstrate able Roxana Cannon Arsht and her hus- the Off-Site Delivery Center. He also that the Syrian National Council is ef- band S. Samuel Arsht, and we recog- fective, and it would send a critical created the department’s first horse mounted unit. nize as well the extraordinary philan- message to the Syrian people. Our op- thropy of their daughter, Ms. Adrienne tions to leverage change in Syria are In August of 2004, he was promoted to captain and named chairman of the Arsht. As role models of integrity and limited but they do exist. We should be giving, the Arsht family has served and making every effort to build increased 2005 U.S. Capitol Police Inaugural Task Force. As such, then Captain Nichols enriched the lives of Delawareans for international pressure on and isolation decades. of the Assad regime. managed the overall planning, coordi- nation, logistics, and execution of the Like many American families, Rox- Mr. HALLEK and his family and thou- U.S. Capitol Police responsibility for ana Cannon’s and Samuel Arsht’s par- sands of other families across Syria ents immigrated to the United States have suffered enough. They have suf- the 2005 swearing-in ceremony. This task was particularly challenging due from Russia a century ago, seeking fered so much and they deserve nothing to the fact that this was the first inau- survival and a better life. In this land less than our support, our solidarity, guration to take place in a post 9/11 of opportunity, they worked hard, they and our help in this dark hour. threat environment. He worked closely valued education, and set high stand- I yield the floor and suggest the ab- with the Joint Congressional Com- ards for themselves—standards which sence of a quorum. mittee on Inaugural Ceremonies, the they met and ultimately exceeded. The PRESIDING OFFICER (Mr. Capitol Police Board, and multiple law Samuel Arsht was a 1931 graduate of BEGICH). The clerk will call the roll. enforcement and public safety agencies the University of Pennsylvania Whar- The assistant legislative clerk pro- to ensure the safety and security of the ton School and a 1934 graduate of the ceeded to call the roll. Nation’s leaders and the public. While Mr. REID. Mr. President, I ask unan- University’s law school. Upon gradua- serving as chairman, Chief Nichols was imous consent that the order for the tion, Sam joined the firm that later be- promoted to the rank of inspector. quorum call be rescinded. came Morris, Nichols, Arsht & Tunnell In February 2005, Chief Nichols as- in Wilmington, DE. Over time he be- The PRESIDING OFFICER. Without sumed command of the House division objection, it is so ordered. came well known in corporate law cir- and led a team of over 400 police offi- cles as one of the architects of the f cers who provided law enforcement and modern Delaware general corporation MORNING BUSINESS security operations at the House office law and was described as the master of buildings, the Capitol Powerplant and Mr. REID. Mr. President, I ask unan- Delaware’s influential corporate stat- the House Page Dorm. In 2006, he was imous consent we move to a period of utes. In 1953, he led efforts to update transferred to the Capitol division morning business with Senators al- the entire body of statutory law, mak- where he managed over 450 police per- lowed to speak therein for up to 10 ing Delaware the Nation’s most favor- sonnel who perform various security, minutes each. able place for businesses to incor- law enforcement, and emergency re- The PRESIDING OFFICER. Without porate. His work helped to transform sponse duties to protect the Capitol, objection, it is so ordered. the State’s economy by later opening the Capitol Visitors Center, and the the door to national banks and to cred- f House and Senate Chambers and lead- it card operations, along with other fi- TRIBUTE TO DANIEL NICHOLS ership offices. nancial services. In January 2007, Chief Nichols be- Mr. REID. Mr. President, today I rise His wife, a Delaware native, Judge came the assistant chief of police and to recognize the extraordinary work of Roxana Cannon Arsht, graduated from served as the chief of operations, pro- Daniel Nichols who served the U.S. the University of Pennsylvania’s law viding great leadership to the depart- school as well, where she met her fu- Capitol Police with great distinction ment. Chief Nichols provided oper- ture husband Sam. In 1931, Roxana be- for 28 years. ational support to the department, re- came the fifth woman to pass the Dela- Chief Nichols entered duty with the sponsible for the Uniformed, Oper- ware bar. She made history again when U.S. Capitol Police in 1983. After train- ations, Protective, and Security Serv- she was appointed by then-Governor ing, his first duty assignment was pro- ices Bureaus; overseeing the Office of Russell W. Peterson as a judge of the viding security and law enforcement at Plans, Operations, and Homeland Secu- family court in 1971, becoming the first the U.S. Capitol, and in 1984, he was rity and serving as acting chief when female judge in the State of Delaware. transferred to street patrol duties the chief of police was unavailable. within the Capitol Complex and the ad- Chief Nichols is recognized as an ac- She retired from the bench in 1983, joining neighbourhoods. complished leader who builds effective and began a second career in philan- In 1986, Chief Nichols was appointed teams, has strong communication thropy. She was a founding member of as the first dedicated public informa- skills, and uses innovative approaches the Cancer Care Connection and sup- tion officer for the department. As to improve the protection of the Cap- ported numerous community interests, spokesperson, he managed all media itol, the congressional community, and including Planned Parenthood, the Vis- interaction during events and incidents visitors. He also works to develop the iting Nurse Association, the First occurring within the Capitol Complex. skills and capabilities of the depart- Stage at Tower Hill School, the Most notably, he represented the U.S. ment’s personnel and was a key pro- Winterthur Museum exhibition hall, Capitol Police with great poise and un- ponent of sending managers and offi- and the Christiana Care Health Sys- wavering calmness during key events cers to the Police Executive Leader- tem. Roxana was inducted into the that attracted intense, widespread ship Program. A native of Fort Wash- Hall of Fame of Delaware Women in media attention including the 1998 ington, MD, Chief Nichols holds a bach- 1986. shooting at the Capitol that claimed elor’s and master’s degree in manage- Roxana and Sam Arsht shared their the lives of two police officers; the ter- ment from the Johns Hopkins Univer- love of lifelong learning by providing rorist attacks of September 11, 2001, sity. the first and last gifts to the construc- and the 2001 anthrax attack against Chief Nichols is a notable member of tion of Arsht Hall for the Academy of Congress. the law enforcement community and a Lifelong Learning at the Wilmington In 2002, after being promoted to lieu- fine citizen. On behalf of the U.S. Sen- campus of the University of Delaware. tenant, Chief Nichols was given com- ate, I congratulate him on his retire- In 2003, Roxana created the Arsht-Can- mand of the canine section. His accom- ment and salute his distinguished ca- non Fund at the Delaware Community plishments include expanding the reer. Foundation to carry out her and Sam’s

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Con- grants to Delawareans, and is now di- Furthermore, under Adrienne’s direc- sequently, I am making adjustments to rected by her daughter Adrienne. tion, the Arsht-Cannon Fund estab- Adrienne Arsht was born in 1942 in lished the Cancer Care Connection and the 2012 allocation to the Committee Wilmington, DE, and upon graduation Best Buddies in Delaware, brought the on Appropriations and to the 2012 ag- from Villanova Law School, Adrienne Nemours’ BrightStart! Dyslexia Initia- gregates for spending by a total of was the 11th woman admitted to the tive to Delaware, and supported the $11.896 billion in budget authority and Delaware bar. Again, her mom had new Delaware Community Founda- $5.108 billion in outlays. Those adjust- been the fifth. In 1966, she launched a tion’s Strategic Fund. ments reflect the sum of $2.3 billion in successful law career at the Delaware I am honored today to rise to honor budget authority and $513 million in firm of Morris, Nichols, Arsht & and commend a very good friend, Adri- outlays for funding designated for dis- Tunnell. Later, Adrienne’s interests enne Arsht, and her late parents, whom aster relief, $8.703 billion in budget au- shifted to banking, culminating in a I was privileged to know, Roxana and thority and $3.821 billion in outlays for move to Miami in 1966 to join the lead- Sam Arsht, for their extraordinary funding designated as being for over- ership of a bank called TotalBank, service and continuing contributions to where she served as chair of the board the State of Delaware and to its people. seas contingency operations, and $893 until 2007. Under her leadership, On behalf of Senator COONS, Congress- million in budget authority and $774 TotalBank grew from 4 locations to 14, man CARNEY, and myself, we recognize million in outlays for program integ- with over $1.4 billion in assets. In 2007, their work to help the many individ- rity initiatives. The two program in- TotalBank was sold to Banco Popular uals and families who have been tegrity initiatives for which adjust- Espanol; and in 2008, Adrienne was touched by their generosity. ments are in order under the Budget named the chairman emerita of We add our congratulations to Adri- Control Act are continuing disability TotalBank. enne and the Arsht family as they re- reviews and redeterminations and In addition to her leadership in the ceive the Delaware Community Foun- health care fraud and abuse control. legal profession and in the business dation’s First Family Philanthropy world, Adrienne has also taken a lead- Award. Adrienne is truly an extraor- I ask unanimous consent that the fol- ing role in promoting artistic, busi- dinary woman who continues to carry lowing tables detailing the changes to ness, and civic growth in the three cit- on her parents’ legacy of working to the allocation to the Committee on Ap- ies she now calls home: Washington, improve the lives of others. I consider propriations and the budgetary aggre- DC, New York, and Miami. Following it a privilege to have known Sam and gates be printed in the RECORD. her parents’ examples, she has also Roxana, to know their daughter Adri- There being no objection, the mate- continued to maintain a strong philan- enne, and to be able to stand here rial was ordered to be printed in the thropic presence in her home State of today to speak on their behalf in the Delaware, for which we are grateful. Senate. RECORD, as follows: In one of her many contributions to Mr. President, I yield the floor. BUDGETARY AGGREGATES.—PURSUANT TO SECTION the First State, Adrienne carries on f her parents’ commitment to the mis- 106(b)(1)(C) OF THE BUDGET CONTROL ACT OF 2011 sion of the Arsht-Cannon Fund at the BUDGETARY ADJUSTMENTS AND SECTION 311 OF THE CONGRESSIONAL BUDGET Delaware Community Foundation. Mr. CONRAD. Mr. President, I pre- ACT OF 1974 With her family background and expe- viously filed committee allocations [In millions of dollars] riences working with the Hispanic and budgetary aggregates pursuant to 2011 2012 community as a businesswoman in section 106 of the Budget Control Act Miami and the release of research find- of 2011. Today, I am adjusting some of Current Spending Aggregates: ings from the 2008 Delaware Hispanic those levels, specifically the allocation Budget Authority ...... 3,070,885 2,971,874 Outlays ...... 3,161,974 3,042,098 Community Needs Assessment, Adri- to the Committee on Appropriations Adjustments: enne set the funding focus of the Arsht- for fiscal year 2012 and the budgetary Budget Authority ...... 0 11,896 Cannon Fund to support many non- aggregates for fiscal year 2012. Outlays ...... 0 5,108 Revised Spending Aggregates: profits with a focus on addressing the Section 101 of the Budget Control Act Budget Authority ...... 3,070,885 2,983,770 unmet needs of Hispanic Delawareans. allows for various adjustments to the Outlays ...... 3,161,974 3,047,206 This fund has helped thousands of His- statutory limits on discretionary panic Delawareans learn to speak, spending, while section 106(d) allows read, and write in English, continue the chairman of the Budget Committee their education, find employment, ac- to make revisions to allocations, ag- FURTHER REVISIONS TO THE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS TO THE COMMITTEE ON APPROPRIATIONS PURSUANT TO SECTION 106 OF THE BUDGET CONTROL ACT OF 2011 AND SECTION 302 OF THE CONGRESSIONAL BUDGET ACT OF 1974 [In millions of dollars]

Current allocation/ Revised limit Adjustment allocation/limit

Fiscal Year 2011: General Purpose Discretionary Budget Authority ...... 1,211,141 0 1,211,141 General Purpose Discretionary Outlays ...... 1,391,055 0 1,391,055 Fiscal Year 2012: Security Discretionary Budget Authority ...... 806,041 8,703 814,744 Nonsecurity Discretionary Budget Authority ...... 360,613 3,193 363,806 General Purpose Discretionary Outlays ...... 1,322,834 5,108 1,327,942

DETAIL ON ADJUSTMENTS TO FISCAL YEAR 2012 ALLOCATIONS TO COMMITTEE ON APPROPRIATIONS PURSUANT TO SECTION 106 OF THE BUDGET CONTROL ACT OF 2011 [In billions of dollars]

Overseas Program integrity Disaster relief Emergency contingency Total operations

Labor-HHS-ED Budget Authority ...... 0.893 0.000 0.000 0.000 0.893 Outlays ...... 0.774 0.000 0.000 0.000 0.774

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Overseas Program integrity Disaster relief Emergency contingency Total operations

Transportation, HUD Budget Authority ...... 0.000 2.300 0.000 0.000 2.300 Outlays ...... 0.000 0.513 0.000 0.000 0.513 State, Foreign Operations Budget Authority ...... 0.000 0.000 0.000 8.703 8.703 Outlays ...... 0.000 0.000 0.000 3.821 3.821 Total: Budget Authority ...... 0.893 2.300 0.000 8.703 11.896 Outlays ...... 0.774 0.513 0.000 3.821 5.108 Memorandum 1—Breakdown of Above Adjustments by Category: Security Budget Authority ...... 0.000 0.000 0.000 8.703 8.703 Nonsecurity Budget Authority ...... 0.893 2.300 0.000 0.000 3.193 General Purpose Outlays ...... 0.774 0.513 0.000 3.821 5.108 Memorandum 2—Cumulative Adjustments (Includes Previously Filed Adjustments): Budget Authority ...... 0.893 8.113 0.000 126.544 135.550 Outlays ...... 0.774 1.607 ¥0.007 63.568 65.942

HONEST BUDGET ACT OF 2011 congressional inaction. The Honest ployed rapidly and without unneces- Ms. SNOWE. Mr. President, I rise to Budget Act will change this. sary budgetary constraints. Unfortu- This tacit acceptance of emergent nately, attaching the ‘‘emergency’’ join Senator SESSIONS in introducing dysfunction in our budget and appro- the Honest Budget Act of 2011. At this designation to a measure is easy it is priations processes has only exacer- critical juncture in our Nation’s fiscal simply written into the bill text. A bated the trend-line of unbridled fed- history, we must no longer allow Wash- Senator can raise a point of order eral spending, and it is symptomatic of ington to rely on an astonishing array against the designation during floor the miniscule value Congress has as- of dishonest budget gimmicks to en- consideration, but it can be waived signed to averting economically corro- able and conceal countless billions in with 60 votes. sive deficits and debt. Congress vio- Examples of the emergency designa- Federal deficit spending. lates the budgetary process and exist- tion abuse abound. For instance, the We can no longer accept budgets that ing rules with impunity and no con- 2008 supplemental appropriation bill in- compromise our economic growth, liv- sequences year after year while our na- cluded $210 million in ‘‘emergency’’ ing standards, or opportunities that tional debt is rising, living standard for spending for the 2010 Census even have been a hallmark of America’s millions of Americans is faltering, and though, since its ratification in 1788, greatness, which is why Senator SES- America is losing a competitive advan- the Constitution has required a census SIONS and I have introduced this impor- tage that was once the hallmark of this every 10 years. Moreover, the fiscal tant legislation. The Honest Budget great nation. year 2011 appropriation omnibus bill in- Act of 2011 will attack Washington’s It is time we put an end to this habit- cluded $159 billion in emergency spend- frivolous spending by stripping away ual dysfunction! The Honest Budget ing for the Afghan and Iraq operations many of the most egregious budget Act of 2011 will address the many wars the U.S. has been fighting for 10 gimmicks in Washington, by making it shortcomings of the budget process and years! harder for the Federal Government to it will force Congress to be accountable The Honest Budget Act fixes this bro- spend money it does not have, and by to the American people. Specifically, ken process by prohibiting any bill, confronting the culture of fiscal ma- this legislation lays out nine specific joint resolution, or conference report nipulation that is bleeding future gen- fixes to ensure that the loopholes and from carrying an emergency require- erations of prosperity. gimmicks often utilized to circumvent ment unless it is added via an amend- Our budgetary process is intrinsi- the rules are eliminated for all time. ment. A supermajority would then be cally broken. Congress is required by Currently, the Congressional Budget required to sustain an appeal of the law to adopt a budget resolution by Act empowers any Senator to raise a ruling of the Chair. A new point of April 15, yet in the past 36 years Con- point of order preventing the consider- order could be created against an emer- gress has met that deadline just six ation of appropriation bills without a gency requirement in an amendment times. Throughout the last 10 years, concurrent budget resolution in place, that requires 60 votes to waive. Congress has approved a budget resolu- but the Senate can waive it with a sim- These simple fixes are just a few of tion on only six occasions. Congress ple majority vote. As a result, the the commonsense budget process en- failed to complete action on a budget point of order is rarely raised and Con- hancements the Honest Budget Act resolution for 5 fiscal years: fiscal year gress can spend money without a plan makes. These are the types of focused 1999 in 1998, fiscal year 2003 in 2002, fis- or budget restraints. improvements that must be imple- cal year 2005 in 2004, fiscal year 2007 in The Honest Budget Act will strength- mented to work alongside a balanced 2006, and fiscal year 2011 in 2010. Not en the point of order to require a vote budget amendment to ensure that Con- surprisingly, those fiscal years ended of three-fifths of Senators to waive, en- gress begins to operate in a more hon- with large, spendthrift, omnibus appro- hancing the ability of Members to de- est and open fashion. priation measures or continuing reso- mand the Senate agree to a concurrent Since 2002 the Nation has run a def- lutions. budget resolution before moving appro- icit each and every year and our gross Last year, no budget and no appro- priation bills. Simply put, our legisla- debt has increased from $6.2 trillion to priations bills passed for the first time tion ensures that if Congress fails to almost $15 trillion. Over the past 5 since the current budget rules were put pass a budget, then no appropriations years alone, government has managed into place in 1974, resulting in an al- bills will be considered. to increase spending by a remarkable most shutdown of the Federal Govern- Another loophole that has often been 40 percent, contributing to the largest ment in April 2011. We have had 87 con- exploited to spend excessively is desig- budget deficits in our history over the tinuing resolutions in the past 14 fiscal nating certain federal spending as an last 3 consecutive years. The Federal years and we even failed to pass all 12 ‘‘emergency.’’ Spending that Congress Government is now borrowing roughly individual appropriations bills last designates as an ‘‘emergency’’ is ex- 40 cents of every dollar it spends. I do year. Not a single appropriations bill empt from the controls designed to en- not believe that any of my colleagues passed for fiscal year 2011! force budget restraint. By definition, in the Senate would argue that the Moreover, the majority in the Senate an emergency should be necessary, ur- budget process is working properly or has failed to pass a budget for 889 days gent, unforeseen, and temporary. as intended. The reality could not be now. No business or household in I understand that the Federal re- starker. America can function without a budg- sponse to emergencies such as natural Our Nation can no longer afford the et, yet, there are no consequences for disasters and acts of war must be de- gimmicks and loopholes too frequently

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.017 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6180 CONGRESSIONAL RECORD — SENATE October 5, 2011 used in the past to dodge existing budg- lowing article be printed in the Guard unit here to help, tell them, thank etary restraints. Targeted budget proc- RECORD. you. SPC Allison Pelletier of the 133rd’s Pub- ess reforms will compel Congress to re- There being no objection, the mate- lic Affairs Office tells me that a much-appre- rial was ordered to be printed in the ciated expression of gratitude would be cof- turn to the regiment and discipline of fee and food. The MREs they’re living on are the budget and appropriations proc- RECORD, as follows: better than they used to be . . . but they’re esses, and thereby force the govern- ANGELS WITH DIRTY FACES still MREs. Some Dunkin’ Donuts would go ment to establish priorities and abide (By Greg Crawford) over pretty big, too, I’ll bet. Hint, hint. There are plenty of angels right here in by those priorities. Well, maybe their faces are clean, but the Stockbridge, too. So many, in fact, that you In an August of 1987 televised Oval men and women of the Maine National can’t swing a cat without smacking a Good Office address, President Reagan said, Guard’s 133rd Engineer Battalion, Samaritan. My cat hates it when I do that. ‘‘The Congressional budget process is headquartered in Gardiner, Maine, and com- Willis and Harry Whitaker, Mark Pelletier, neither reliable nor credible; in short, manded by Lt. Colonel Normand Michaud, Dave Brown, Peter Steibris, and God-only- it needs to be fixed.’’ It has now been sure got their boots muddy! And despite knows how many others put in unbelievable nearly a quarter-century since Presi- modest denials, they are, indeed, angels, at hours making roads passable for emergency dent Reagan sought to fix the budget least to the grateful citizens of Stockbridge. vehicles. They also reinforced the damaged Following the historic flooding caused by process. It is time we heed his advice. abutment of Gaysville’s 1929-vintage iron the torrential rains of tropical storm Irene, bridge. f the call went out to National Guard units in Sid Hotchkiss and the McCullough broth- WORLD TEACHERS’ DAY areas not quite so devastated by the storm, ers from Bethel have been working on the and they answered that call with incredible monster hole in River Road with bulldozers Mrs. BOXER. Mr. President, I rise speed. Given the complexity of the logistics and an excavator. today to honor our teachers here in the involved, and that the behemoth trucks es- Barbara Vellturo, Stephen Farrington, United States and across the globe by sential to their work do not exactly zip over Cheryl Rivers, and others have slaved away recognizing October 5 as World Teach- the road, especially when they have to nego- over hot computers ferreting out informa- ers’ Day. tiate flood-ravaged terrain, the fact that tion about the status of roads and bridges in they managed to get here just a few days Celebrated in over 100 countries, surrounding towns and getting that informa- after the flooding occurred is nothing short tion to Stockbridge residents by e-mail and World Teachers’ Day is an occasion to of amazing. The 38-vehicle caravan took 16 postings to a Google Group called Stock- acknowledge the many ways teachers hours to make the trip from Belfast, Maine, bridge Open Forum. Paul Buckley has scout- make a difference in the lives of their about 40 miles east of Augusta, where much ed all those roads daily to confirm the accu- students and in their communities. of the equipment was stored. racy of the information. There is no doubt that teachers play Something like a quarter of a mile of Mark Doughty has coordinated meetings a key role in our society. Quality edu- Vermont Route 107 between Bethel and all over town to keep people up to date and cation reduces poverty and inequality, Stockbridge was washed downstream. In convey residents’ concerns to town officials. some places, the road hugged the near- Janet Whitaker has maintained a steady and provides the building blocks for de- vertical mountainsides with the river right flow of information from a multitude of mocracy and civic participation. next to it. Following Sunday’s deluge, the sources to keep the group forum’s informa- Every day, over 3.5 million educators river was rushing by at the foot of the moun- tion current. across the country work to close tain as if the road had never been there at Jenny Harris has made innumerable runs achievement gaps, give children the op- all. to area pharmacies for prescriptions so resi- dents in need don’t run out of essential medi- portunity to succeed, and ensure that A NATIONAL GUARD TRUCK UNLOADS PALLETS cations, and Mary Ellen Dorman, who knows we have the educated workforce nec- OF BOTTLED WATER AT THE STOCKBRIDGE EL- everyone in town, has seen to it that they EMENTARY SCHOOL essary for a global economy. I am espe- were all delivered to the right people. cially proud to recognize the over But then the 133rd showed up, and things Josh and Michelle Merrill, two former 300,000 teachers, educating over 6 mil- changes in a hurry. Their first task upon ar- Gaysville residents now living in Rutland, lion students my home State of Cali- rival was to erect the tents that would house are the people who, with the help of the fornia. the fifty-plus Guard members assigned to the Chittenden Fire Department and the Stock- Route 107 site and others around Stock- Last year, I was happy to work with bridge Fire Department, got the ball rolling bridge. It was fortunate that there was level for the food shelves at the Stockbridge Ele- Senator TOM HARKIN of Iowa to pass ground beside Lambert’s Power Tools, di- the Education Jobs Fund, which has mentary School and on the Stockbridge rectly adjacent to the damaged highway. Be- Common. Fifteen volunteers give of their kept over 100,000 teachers in the class- fore they could position the excavators, they time to organize and dispense all the items room teaching our children. had to build a dike to keep the muddy waters that fill the school’s multi-purpose room. I know firsthand how much goes into of the not-so-White River out of the area Every day, there are people going out of teaching a child, and praise the tal- where their equipment would have to be situ- their way to help someone. They neither ex- ented and committed individuals in the ated. There’s very fine, muddy silt every- pect, nor ask for, recognition; they just do United States and around the world where, and though they had a couple of fair what they know is right and move on. Makes weather, the recent rains turned that silt it hard to catch ’em in the act. who have dedicated their lives to into a thick soup that would have brought Several people whose homes were damaged teaching. mere mortals to a standstill. But this is the or destroyed, and those who simply can’t get f 133rd Engineer Battalion. By Wednesday to their homes, have been taken in by gen- morning, they had already managed to re- erous and thoughtful neighbors. Furniture MAINE NATIONAL GUARD store a single, very rough lane where there and appliances have been donated, or at least Ms. COLLINS. Mr. President, I would had only been submerged rubble. This was promised, to people in the process of rebuild- like to bring to the attention of my wet, dirty and dangerous work, but accord- ing. Special efforts have been made to care colleagues this article from the Moun- ing to Frank Lambert’s daughter, one of the for elderly, ill, or disabled residents, includ- tain Times in Killington, VT. The arti- Guardswomen attached to this unit com- ing helicopter and ambulance evacuations. mented that she’d rather be here in Were it possible to recount them all, the cle highlights the outstanding work of Vermont’s mud and rain than in Afghani- incidents of selfless generosity and assist- the nearly 200 members of Maine Na- stan. Small wonder. The 133rd has lost mem- ance given to those less fortunate would fill tional Guard’s 133rd Engineer Bat- bers to IEDs in previous deployments to that this paper and two or three issues to come. talion, headquartered in Gardiner, ME, war-torn country. Only a few have been mentioned here by which deployed to Vermont to help our That single lane of 107 is still barely navi- name, but many more deserve recognition. neighbors deal with the destruction gable, even by 4-wheel drive vehicles, so it is However, I feel quite certain they are all from Tropical Storm Irene. Senator not open to traffic as yet. But it is there. For content with the knowledge that they did that alone, 2nd Lieutenant Rand and the some good. LEAHY has told me several times how men and women of the 133rd Engineer Bat- f grateful the people of Vermont are for talion have earned the undying gratitude of the assistance and how impressed they the residents of Stockbridge and the neigh- ADDITIONAL STATEMENTS are with the professionalism of the boring towns that depend on that highway. Maine National Guard members. All of A ‘‘BUCKET BRIGADE’’ SPEEDS THE TRANSFER HONORING SPECIALIST DOUGLAS us in Maine are extremely proud of OF PACKAGED BOTTLED WATER INDOORS EDWARD DAHILL their outstanding work helping those By the way, if anyone, Stockbridge resi- who needed it most. Mr. President, I dent or not, should encounter a Guard mem- ∑ Mr. BROWN of Ohio. Mr. President, ask unanimous consent that the fol- ber from the 133rd, or any other National this morning, at 10:45, in our Nation’s

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.021 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6181 most prestigious military cemetery, missing Americans can be laid to rest University of Maryland to be engaged Douglas Edward Dahill, a Vietnam war and more American families may know in, and I applaud everyone’s hard work veteran from Lima, OH, was laid to peace and closure. during the past two years towards this rest. Forty years after being presumed Douglas Edward Dahill is survived by common cause and successful outcome. dead, his family will gather at Arling- his sister Carol Long and brother John The success of WaterShed is the pin- ton National Cemetery to honor his life Dahill. On behalf of a grateful State nacle of a long history of achievement in the hallowed place our Nation hon- and Nation, I thank Specialist Dahill for the University of Maryland in the ors its heroes. and his service and sacrifice for our Na- Solar Decathlon competition. The Uni- Douglas Dahill’s story—and that of tion. May he rest in peace in Arlington versity of Maryland’s initial design for his family—is simultaneously excep- National Cemetery and in our Nation’s the inaugural Solar Decathlon com- tional and familiar. Dahill voluntarily heart.∑ petition in 2002 became the foundation enlisted in the U.S. Army after grad- f for subsequent entries. In 2002, Mary- uating from Lima Senior High School, land’s entry placed fourth. In 2005, following in the footsteps of his grand- 2011 SOLAR DECATHLON Maryland’s solar house won the Peo- father, father, and uncle, who had all ∑ Mr. CARDIN. Mr. President, today I ple’s Choice and Solar Innovation served in the U.S. military during wish to congratulate the University of Awards while placing eighth overall. In times of war. Maryland, UMD, for winning the U.S. 2007, Maryland’s LEAFHouse won the Dahill was part of Detachment B52 Department of Energy’s 2011 Solar De- People’s Choice Award and received a Delta’s Reconnaissance Team 6, which cathlon competition. The competition host of other awards from industry and was dropped behind enemy lines on is organized by the National Renewable professional associations. The acronym April 14, 1969 in South Vietnam’s Energy Laboratory, America’s premier LEAF stands for ‘‘Leading Everyone Quang Nam Province. Three days later, laboratory for research and develop- towards an Abundant Future.’’ on April 17, 1969, Dahill and his team ment regarding renewable energy and LEAFHouse placed second in the over- came under intense enemy fire in Thua energy efficiency. This biennial event all scoring. Thien. They radioed a request for air challenges collegiate teams from The UMD team gained valuable strikes and support. But their call was around the world to design, build, and knowledge from the 2005 design and never heard. Thunderstorms prevented operate solar-powered houses that are LEAFHouse, both of which are still in air support from assisting Dahill and affordable to build and operate, energy- use for educational purposes. This his team. The following day, a search efficient, and aesthetically attractive. year, the team took its vision to an team went looking for Team 6, but Nineteen teams representing the even higher level with WaterShed. The found no trace of their whereabouts. United States, China, New Zealand, forms of the house highlight the path More than 8,000 miles away, in Lima, Belgium, and Canada competed in this of a water drop. The split butterfly OH, an Ohio military family would year’s event, which was held at the Na- roofline collects storm water into the begin their long, painful wait for news tional Mall’s West Potomac Park. core of the house for use. WaterShed of their beloved son and brother. I am so proud of the collaborative ef- also features a holistic approach to For nearly four decades, the status of forts of more than 200 UMD students, water conservation, recycling, and Delta’s Reconnaissance Team 6 went faculty, and mentors from diverse dis- storm water management. These fea- unresolved. Like so many American ciplines across the campus who partici- tures include a modular constructed families during the Vietnam war, the pated in making their entry, Water- wetland that helps filter and recycle Dahill’s were forced to cope with Doug- Shed, such a resounding success. Stu- greywater from the shower, washing las’ unknown fate. When the Vietnam dents, faculty, and mentors came from machine, and dishwasher; a green roof war ended, and after American Pris- the College of Agriculture & Natural that slows rainwater runoff to the oners of War, POWs, were returned Resources; the School of Architecture, landscape while improving the house’s home, approximately 2,646 Americans Planning & Preservation; the College energy efficiency; and a garden, were still unaccounted for. Initially, of Computer, Mathematical & Natural composting system, and edible wall the U.S. partnered with the Republic of Sciences; the A. James Clark School of system to illustrate a complete carbon Vietnam to conduct joint searches for Engineering; the University of Mary- cycle program. Americans missing in South Vietnam. land Libraries; the National Center for So many people are involved in the This joint effort resulted in the recov- Smart Growth Research & Education; Solar Decathlon. I would like to ac- ery and identification of 63 American and the Center for the Use of Sustain- knowledge several of them, including servicemembers, but Dahill was not able Practices. Over ten academic Richard J. King, Solar Decathlon direc- among them. courses were offered as part of Water- tor, and Betsy Black, sponsorship man- When the Communist regime took Shed’s development since the spring ager, at the U.S. Department of En- over Vietnam in 1975, joint efforts to 2010 academic semester. ergy, DOE. Other DOE personnel in- recover those missing in action were WaterShed was inspired by concern volved include Marilyn Burgess, John halted, and American families could for the Chesapeake Bay ecosystem, so Chu, Sheila Dillard, Kerry Duggan, Ni- only hope that Vietnam would unilat- the project wasn’t just a successful cole Epps, Peter Gage, Cassie Gold- erally recover and return the remains model for energy efficiency; it also im- stein, David Lee, Howard Marks, Mar- of their missing loved ones. In 1991, plemented practical solutions to pre- tha Oliver, Erin Pierce, Roland Risser, Vietnam returned uniform parts and a serve our precious water resources and Phil West, and Janie Wise. At the Na- small quantity of human remains that manage stormwater runoff, a particu- tional Renewable Energy Laboratory, were allegedly associated with Delta’s larly damaging form of pollution to the Carol Anna, Susan Bond, Bob Butt, Reconnaissance Team 6. But the tech- bay. Mike Coddington, Rebecca Dohrn, John nology at the time was not able to con- The Chesapeake Bay is Maryland’s Enoch, Sara Farrar-Nagy, Michael clusively identify the remains. It greatest natural resource. For Mary- Gestwick, Amy Glickson, Pamela wasn’t until approximately 1 year ago landers, this national treasure is the Gray-Hann, Sheila Hayter, Mary Ann that a portion of these remains were cornerstone of our economy and part of Heaney, Henri Hubenka, Terri Jones, positively attributed to Specialist the fabric of our communities. Its res- Ron Judkoff, Alicen Kandt, Stephen Douglas Edward Dahill. toration and protection have been the Lappi, Kamie Minor, Susan Moon, Since U.S. Government efforts began, focal point of my work on environ- Ruby Nahan, Michael Oakley, Sean the remains of more than 900 Ameri- mental issues in the Senate. The Uni- Ong, Alexis Powers, Joe Simon, Jeff cans killed in Vietnam have been re- versity of Maryland’s work in publi- Soltesz, Blaise Stoltenberg, Byron turned and identified. However, 1,682 cizing and promoting sustainable hous- Stafford, Lee Ann Underwood, Amy servicemembers—77 of whom are from ing options like WaterShed for the resi- Vaughn, Mike Wassmer, and Andrea Ohio—remain unaccounted for. The De- dents of the Chesapeake Bay region Watson all lent their support to the partment of Defense, and Congress, will go a long way toward preserving Decathlon. Contractors and other con- must continue to support recovery and this treasured resource. I cannot think tributors include Aquilent, Ce´cile War- identification efforts so that more of a more appropriate effort for the ner, Colorado Code Consulting, D&R

VerDate Mar 15 2010 04:37 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.006 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6182 CONGRESSIONAL RECORD — SENATE October 5, 2011 International, Eberle Construction, WaterShed Disciplines: Living Sys- Atahua, Rishi Banerjee, Justin Bare, Hargrove, Carolynne Harris, Linder & tems/Landscape, Communications; Katherine Beisler, Jacob Bialek, Paul Associates, Navigant, Norton Energy Tamir Ezzat (Major: Graduate Archi- Bilger, Christoper Binkley, Ian Black, R&D, Oak Ridge National Laboratory, tecture Student, Spring 2013), Water- Andrew Bruno, Victoria Chang, Wen- Showcall, Stratacomm, and Studio Shed Discipline: Architecture; Michael Hui Chen, Ethan Cowan, Justin Cullen, Ammons. Feldman (Major: Civil Engineering, Diana Daisey, Adam Davies, Aleron Yesterday, a Member of the U.S. Spring 2011), WaterShed Disciplines: Dsilva, Mariam Eshete, Eric Faughnan, House of Representatives said that the Engineering, Construction; David Ryan Fitch, Meredith Friedman, Hol- United States ‘‘can’t compete with Gavin (Major: Graduate Architecture man Gao, Louis Gbone, Philip Geilman, China to make solar panels and wind Student, Spring 2012), WaterShed Dis- Phil Geiman, Marisa Gomez, Karen Hil- turbines,’’ and suggested that the Fed- ciplines: Architecture, Construction; lis, Ananya Hiremath, Vanessa Hoff- eral Government shouldn’t subsidize Jeff Gipson (Major: Graduate Architec- man, Amy Hudson, Phil Jacks, Peter green-energy programs. I guess he ture & Real Estate Development Stu- James, Eric Joerdens, Christine didn’t visit West Potomac Park to see dent, Spring 2012), WaterShed Dis- Kandigian, Jacob Kunken, Christopher what is going on. The many creative ciplines: Architecture, Communica- Leung, Arik Lubkin, Christopher Lu- entries in the 2011 Solar Decathlon tions; Newton Gorrell (Major: Graduate ther, Ryan Maisel, Bracha Mandel, demonstrate to the wider public the Architecture Student, Spring 2012); Wa- Maria Martello, Zachary Martinez, Abe cost effectiveness of houses that com- terShed Disciplines: Architecture, Con- Massad, Mark Matovich, Shakira bine energy efficient construction and struction, Communications; Joseph Mccall, Kenneth Morgan, Christopher appliances with renewable energy sys- Ijjas (Major: Master of Architecture, Myers, Zachary Nerenberg, Matthew tems that are available today. And Spring 2011), WaterShed Disciplines: Newman, Yuchen Nie, Albert Palmer, even better homes and appliances and Architecture, Construction, Commu- Daniel Perdomo, Robert Pettit, Chau systems are just around the corner. In- nications; Moshe Katz (Major: Com- Pham, Georgina Pinnock, Kaitlin vesting in green technologies creates puter Science, Spring 2012), WaterShed Pless, Olga Pushkareva, James Ramil, jobs. Diversifying our energy sources Disciplines: Communications, Com- Mark Reese, Raheena Rehman, Nicolas creates competition, which will help to puter Science; Yehuda Katz (Major: Roldos, Boateng Rosemond, Michele stabilize and lower energy prices. Computer Science, Spring 2012), Water- Rubenstein, Michael Satoh, Charles Thinking beyond fossil fuels buried in Shed Disciplines: Communications, En- Schupler, Juliet Serem, Valerie Smith, unstable or unreliable countries gineering, Computer Science; Lynn Jacob Steinberg, Michael Taylor, Alex- strengthens our national security. Khuu (Major: Master of Architecture, ander Tonetti, Marcela Trice, Kath- I think the Solar Decathlon rep- Spring 2011), WaterShed Disciplines: erine Vocke, Nader Wallerich, Luxi resents all that, and much more. At Architecture, Communications; Wang, Amy Weber, Sofia Weller, Chris- this critical juncture in our nation’s Zachary Klipstein (Major: Master of tine Wertz, Kiley Wilfong, Christine history, we face significant economic, Architecture, Spring 2011), WaterShed Wirth, Fawna Xiao, Diane Ye, and energy, and environmental challenges. Disciplines: Architecture, Construc- Jesse Yurow. It is easy to be discouraged or cynical. tion; Parlin Meyer (Major: Graduate The UMD team benefited from a But for each person who says, ‘‘it can’t Architecture Student, Spring 2012), Wa- lengthy list of mentors, including terShed Disciplines: Architecture, Con- be done,’’ there are scores of people— Deborah Bauer, a freelance architec- struction; Jeff Rappaport (Major: Bio- especially young people—out in our tural consultant who collaborated with engineering, Spring 2013), WaterShed universities and communities, in work- communications team members for Disciplines: Engineering, Construction; places and laboratories across America, various endeavors including tour guide Matt Sickle (Major: Graduate Land- who reject defeatism and cynicism, training, residents interviews, and gen- scape Architecture Student, Spring who demonstrate the ‘‘can-do’’ spirit eral strategy development; Grant Bax- 2012), WaterShed Disciplines: Living that made America great and will re- ter, Baxter Floors, who worked with Systems/Landscape; Evan Smith the team to craft and install the bath- store our fortunes. Competitions such (Major: Civil and Environmental Engi- room woodwork and grate; Charlie Ber- as the Solar Decathlon and entries neering, Spring 2012), WaterShed Dis- liner, Berliner Construction, a ‘‘corner- such as the University of Maryland’s ciplines: Engineering, Construction; stone’’ of the architecture and con- Watershed provide sparkling evidence Scott Tjaden (Major: Environmental struction team; Dan Blankfeld, John J. of the innovative and practical solu- Science& Technology, Spring 2012), Wa- Kirlin, LLC, who provided 30 hours’ tions to the intertwined problems we terShed Disciplines: Living Systems/ worth of Occupational Health & Safety face. More importantly, they provide Landscape, Construction; Kevin hope and inspiration. Vandeman (Major: Graduate Architec- Administration (OSHA) training for If we are going to solve our problems, ture & Real Estate Development Stu- the core construction team; Joe we need to roll up our sleeves and col- dent, Spring 2012), WaterShed Dis- Bolewski, Whiting Turner, who pro- laborate with each other—just like the ciplines: Architecture, Construction; vided construction and carpentry UMD team did. Scores of students Nick Weadock (Major: Materials mentorship to the team; Brian Borak, worked on WaterShed. I am so pleased Science & Engineering, Spring 2013), Booz Allen Hamilton, who provided ex- their hard work paid off and so proud WaterShed Disciplines: Engineering, pertise and assistance to the DC elec- of them. I would like to take this op- Construction; Allison Wilson (Major: tric team; Erin Carlisle, EYP Architec- portunity to acknowledge and salute Master of Architecture, Spring 2011), ture & Engineering, who provided them on this watershed accomplish- WaterShed Disciplines: Project Man- Revit training and technical assistance ment. UMD student team leaders in- agement, Architecture, Communica- to the drawing and documentation cluded Jay Chmilewski, Major: Civil tions, Construction; and Veronika team; John Cartagirone, American Engineering, Spring 2012; WaterShed Zhiteneva (Major: Environmental Power and Light, a three-time UMD Disciplines: Engineering, Construction; Science & Technology, Spring 2013), solar decathlon mentor and friend who David Daily (Majors: Electrical Engi- WaterShed Disciplines: Living Sys- worked side-by-side with the electrical neering & Nanotechnology, Spring tems/Landscape, Construction, Com- team to wire the house and install 2012), WaterShed Disciplines: Engineer- munications. light fixtures; Chris Cobb, Robert ing, Construction; Leah Davies (Major: Student team members include Ali Silman and Associates, who worked in Graduate Architecture Student, Fall Alaswadi, Benjamin Bates, Amy Chen, partnership with UMD’s 2007 Solar De- 2011), WaterShed Disciplines: Architec- Brennan Clark, Linda Clark, Michael cathlon’s LEAFHouse team and re- ture, Living Systems/Landscape, Con- Craton, Natalya Dikhanov, Eric turned this year to provide his exper- struction, Communications; Steve Gellman, James Han, Justin Heil, Jus- tise in the integration of architecture Emling (Major: Mechanical Engineer- tin Huang, Erik Kornfeld, John Kucia, and structural systems; John Coventry, ing, Spring 2013), WaterShed Dis- Allen Meizlish, Jeffrey Sze, and An- Coventry Lighting, who provided ciplines: Engineering, Construction; drew Taverner. mentorship as the architecture team Isabel Enerson (Major: Environmental Extended team members included Ali developed the lighting design; Adam Science & Technology, Spring 2013), Alaswadi, Sahin Arikoglu, Alex Eurich, Robert Silman and Associates,

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.020 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6183 who worked with the team to develop Associates, who worked with the team HOCKESSIN FIRE COMPANY AND structural design, analysis, details, and to develop structural details and draw- LADIES AUXILIARY drawings; Taz Ezzat, Maryland Custom ings; Tyler Sines, who provided ∑ Mr. COONS. Mr. President, it is with Builders, Inc., who collaborated with mentorship to the engineering team de- great pleasure that I honor the the team on the construction, trans- veloping the liquid desiccant wall; Hockessin Fire Company and ladies port, assembly, and pick/set strategies; Niklas Vigener, Simpson Gumpertz & auxiliary on 75 years of exceptional George Fritz, Horizon Builders, who Heger, who consulted with the team on service to the great State of Delaware. hosted visits from the construction building envelope construction means October 15 marks an important day in team to his demonstration and mock- and methods; Dan Vlacich, Accenture, the fire company’s history, signifying up facility where he shared best prac- who provided expertise, assistance, and the first official meeting of its found- tices for building craft, construction, power tools to the DC electric team; ing members. For over seven decades, and vapor management; Julie Fred Werth, Kensington Plumbing and members of the Hockessin Fire Com- Gabrielli, Gabrielli Design Studio, who Heating, Inc., who provided master pany and ladies auxiliary have given provided input to the communications plumbing expertise and assisted the unselfishly of their time and services team on the development of its strat- in order to make their community a egy and concept; Aditya Gaddam; Jen- team in the design and installation of the solar thermal and HXEST systems safer place. Today I give thanks for nifer Gilmer, Jennifer Gilmer Kitchen their unyielding determination, self- and domestic plumbing system; Bill and Bath, who worked with the archi- sacrifice and volunteerism. tecture team to design WaterShed’s Wiley, the Potomac School, who col- In 1936 in the small village of kitchen; Anne Hicks Harney, Ayes laborated with the engineering team to Hockessin, DE, five members of the Saint Gross, who worked with the design and build WaterShed’s smart community recognized a vital protec- drawing and documentation team to fi- house controls system; Jay Williams, tive service was missing, and they de- nalize the project manual; Maggie marketing and design specialist for the cided to do something about it. Meet- Haslam; Ray Hayleck, PMSI Con- solar home industry, who provided ing in a small library room on October sulting, who provided cost estimating marketing assistance to the commu- 15, the Hockessin Fire Company was mentorship to the affordability team nications and marketing teams; Dan born. With one engine, they went to during the initial phases of estimating; Zimmerman, Shapiro & Duncan, a vet- work protecting and serving their com- Joan Honeyman, Jordan Honeyman eran of two previous decathlons who munity. From the very beginning, the Landscape Architecture, who collabo- provided experience and advice to the ladies auxiliary was integral to their rated with the landscape team on the HVAC and solar thermal teams, facili- operations. When the fire company de- landscape and plant selection; Ming tated donations, and provided the engi- cided to purchase a second engine in Hu, HOK, who provided energy mod- neering team with his can-do perspec- 1938, funds raised by the ladies helped eling assistance to the engineering tive on the value of figuring things out purchase a diesel model that was the team; Adam Keith, Whiting Turner, through hands-on experience. first of its kind in the State. Then and who provided construction and car- now, both organizations have contin- pentry mentorship to the team; Peter Last but not least, I would like to congratulate the UMD faculty and ued that wonderful tradition of part- Kelley, American Wind Energy Asso- nership, hard work, support and service ciation, who provided media training staff, starting with the University’s President and Chancellor, Dr. Wallace to all. to the team and worked with the com- Like many volunteer fire companies D. Loh and Dr. William E. Kirwan, re- munications team to develop the tar- across the United States the Hockessin get market; Benson Kwong, enVErgie spectively. Faculty team members in- Fire Company’s value is certainly not Consulting, who provided mentorship cluded: Mike Binder, AIA LEED–AP, limited to its local community, but to the engineering cost estimating Lecturer in the School of Architecture, should inspire each and every Amer- team during the design development Planning & Preservation; Patricia ican, reminding us of the importance of phase; Mike Lawrence, National Mu- Kosco Cossard, M.A., M.L.S., Librarian volunteering and serving others. I com- seum of Natural History, who worked and Lecturer in the School of Architec- mend the hard work of all our fire serv- with the communications team to de- ture, Planning & Preservation; Amy ice men and women across the United velop the house tour strategy; Dale Gardner, AIA LEED–AP, Associate States, and especially those at the Leidich, MTFA Architecture, who pro- Professor in the School of Architec- Hockessin Fire Company on this spe- vided project management guidance, ture, Planning & Preservation and Di- cial anniversary. They are examples of insight, and advice to the team; John rector of UMD’s Center for the Use of the generous spirit of the American Love, Love’s Heating and Air, who con- Sustainable Practices, Brian Grieb, people, who we should be fighting for sulted with the team on the heating, AIA LEED–AP, Lecturer in the School every day. ventilation, and air-condition, HVAC, of Architecture, Planning & Preserva- I congratulate the Hockessin Fire design and implementation; Kristen tion and a Partner with GriD Archi- Company and ladies auxiliary on 75 Markham, Simpson Gumpertz & Heger, tects in Annapolis; Dr. Keith Herold, years of extraordinary service and sup- who consulted with the team on build- Associate Professor of Bioengineering port to their community and the State ing envelope construction means and in the A. James Clark School of Engi- of Delaware. On behalf of all Dela- methods; Evan Merkel, Greenspring neering; Madlen Simon, AIA, Associate wareans, I extend my thanks to each Energy, who worked with the electrical Professor and Architecture Program and every member for the many sac- team to design and integrate the pho- Director in the School of Architecture, rifices they have made during the past tovoltaic (PV) and micro inverter sys- Planning & Preservation, and a Prin- 75 years. Their continued efforts and tem; John Morris, Perkins Eastman, a cipal at Simon Design; Dr. David countless contributions are greatly ap- veteran of UMD’s 2007 LEAFHouse Tilley, Associate Professor of Ecologi- preciated.∑ entry and a practicing architect with a cal Engineering in the College of Agri- f background in construction who pro- culture & Natural Resources, and vided mentorship and assistance to the REMEMBERING JOSEPH D. ‘‘JOE’’ President of the International Society construction team; Frank Plummer, HUBBARD for the Advancement of Energy Re- Tremco, who served as a trusted men- ∑ Mr. SESSIONS. Mr. President, I search; and Brittany Williams, Asso- tor for the construction team and pro- would like to pay tribute today to one ciate AIA LEED–AP Lecturer in the vided expertise related to construction of Alabama’s most admired and suc- School of Architecture, Planning & means and methods for liquid applied cessful prosecutors, Joseph D. ‘‘Joe’’ membranes for the building envelope Preservation, Project Designer for Hubbard, who passed last month. I got and the constructed wetlands; Don MTFA Architecture in Arlington, Vir- to know him when I was U.S. attorney Posson, Vanderweil, a long-time teach- ginia, and a 2007 Solar Decathlon team for the Southern District of Alabama ing partner at UMD who reviewed the leader. and later when we worked together engineering and living systems design; What an outstanding accomplish- during the time I served as attorney Kristin Potterton, Robert Silman and ment! Go Terps!∑ general of Alabama.

VerDate Mar 15 2010 04:37 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.020 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6184 CONGRESSIONAL RECORD — SENATE October 5, 2011 Joe was a native of Calhoun County struggle to find a new identity after MEASURES READ THE FIRST TIME and graduated from Oxford High their youngest child enrolls in elemen- The following bill was read the first School. He received a bachelor’s degree tary school full time, Jim and Jean de- time: with honor from Auburn University cided they just enjoyed being parents S. 1660. A bill to provide tax relief for and graduated from the fine Cum- too much. So, for the past 20 years, this American workers and businesses, to put berland School of Law at Samford Uni- generous couple has opened their home workers back on the job while rebuilding and versity, cum laude. He was elected dis- in north central South Dakota to kids modernizing America, and to provide path- trict attorney in 1992 and reelected, who have only known stability and hot ways back to work for Americans looking for without opposition, in 1998, 2004 and meals to be luxuries. The simple jobs. 2010. Prior to being elected district at- things, such as tossing the baseball f torney, Joe was an assistant district around or going fishing, have come to EXECUTIVE AND OTHER attorney for the 7th Judicial Circuit mean the world to the Mulder’s be- COMMUNICATIONS from 1978–1985 and chief assistant dis- cause they can see the joy in their fos- trict attorney 1985–1993. ter children’s faces and know the im- The following communications were Joe was named Elected Official of the pact their love has had. Jim and Jean laid before the Senate, together with Year in 2004 by the National Associa- included their foster children in all accompanying papers, reports, and doc- tion of Social Workers, District Attor- family activities with their biological uments, and were referred as indicated: ney of the Year for the State of Ala- children, and gave their 59 foster chil- EC–3418. A communication from the Direc- bama, and awarded the Distinguished dren a sense of what it means to be in tor of Congressional Affairs, Nuclear Regu- Service Award for Outstanding Law a loving, stable family. latory Research, Nuclear Regulatory Com- Enforcement. With children coming in and out of mission, transmitting, pursuant to law, the Joe was dedicated to the law and al- their home, staying anywhere from report of a rule entitled ‘‘Abnormal Occur- ways did what was right. As a career rence Reporting Procedure and Handbook’’ months to nearly a decade, one can (Management Directive 8.1) received in the prosecutor he was most known for two only imagine the range of emotions Office of the President of the Senate on Sep- successful prosecutions: That of Donald Jim and Jean have experienced. From tember 23, 2011; to the Committee on Envi- Ray Wheat, who was convicted of the laughter to heartbreak, they both ronment and Public Works. 2002 murder of four people in a Block- count their God-given role as foster EC–3419. A communication from the Direc- buster video store, and the prosecution parents as nothing shy of a blessing. tor of Congressional Affairs, Nuclear Regu- of Marie Hilley which was the subject With that blessing, they have bestowed latory Commission, transmitting, pursuant of two books and a television movie. He a gift onto others in an immeasurable to law, the report of a rule entitled ‘‘Alter- also published a novel entitled ‘‘Blood native to Minimum Days Off Requirements’’ way. (RIN3150–AI94) received during adjournment Secrets,’’ a thriller about a trial law- With National Adoption Day just of the Senate in the Office of the President yer who wrestles with inner demons as around the corner on November 19, of the Senate on September 28, 2011; to the he pursues the seat of the world’s most 2011, it is important that we recognize Committee on Environment and Public powerful figure—the presidency of the the compassionate families who fulfill Works. United States. Proceeds from the sale the roles of foster and adoptive par- EC–3420. A communication from the Divi- of that book have been donated to the ents. It brings me great pride to be able sion Chief of Regulatory Affairs, Bureau of American Cancer Society. to honor South Dakotans Jim and Jean Land Management, Department of the Inte- rior, transmitting, pursuant to law, the re- Joe was a role model for prosecutors. Mulder, my nominees for the 2011 An- He was greatly admired by his fellow port of a rule entitled ‘‘Minerals Manage- gels in Adoption Award.∑ ment: Adjustment of Cost Recovery Fees’’ prosecutors throughout the State. I (RIN1004–AE22) received during adjournment f shared that view. He was smart, hard of the Senate in the Office of the President working, and deeply experienced. He of the Senate on September 28, 2011; to the MESSAGES FROM THE PRESIDENT knew his business and was a ‘‘hands Committee on Environment and Public on’’ leader of his office. Frequently, he Messages from the President of the Works. was called on to provide leadership and United States were communicated to EC–3421. A communication from the Assist- otherwise help with tough issues the Senate by Mrs. Neiman, one of his ant Administrator for Regulatory Programs, throughout the State. Prosecutors secretaries. Office of Protected Resources, Department of Commerce, transmitting, pursuant to law, have a demanding job, but one that is f the report of a rule entitled ‘‘Endangered quite fulfilling. It requires strength, te- and Threatened Species; Determination of nacity, integrity and, importantly, EXECUTIVE MESSAGES REFERRED Nine Distinct Population Segments of Log- good judgment. Joe possessed all these gerhead Sea Turtles as Endangered or qualities and more. He could have left As in executive session the Presiding Threatened’’ (RIN0648–AY49) received during public service for a very successful pri- Officer laid before the Senate messages adjournment of the Senate in the Office of vate practice many times but he didn’t. the President of the United States sub- the President of the Senate on September 29, He stayed and served the public inter- mitting sundry nominations which 2011; to the Committee on Environment and were referred to the appropriate com- Public Works. est. He retired from that service on EC–3422. A communication from the Chief March 15, 2011. He will be greatly mittees. (The nominations received today are of the Endangered Species Listing Branch, missed by family, friends and col- Fish and Wildlife Services, Department of leagues.∑ printed at the end of the Senate pro- the Interior, transmitting, pursuant to law, ceedings.) f the report of a rule entitled ‘‘Endangered and Threatened Wildlife and Plants; Revised f ANGELS IN ADOPTION Designation of Critical Habitat for the ∑ Mr. THUNE. Mr. President, today I MESSAGE FROM THE HOUSE Sonoma County Distinct Population Seg- wish to recognize Jim and Jean Mulder ment of California Tiger Salamander’’ ENROLLED BILLS SIGNED (RIN1018–AW86) received during adjournment of Eureka, SD, as my nominees for the At 7:37 p.m., a message from the of the Senate in the Office of the President 2011 Angels in Adoption Award. Since of the Senate on September 28, 2011; to the 1999, the Angels in Adoption program House of Representatives, delivered by Mrs. Cole, one of its reading clerks, an- Committee on Environment and Public through the Congressional Coalition on Works. Adoption Institute have honored more nounced that the Speaker has signed EC–3423. A communication from the Chief than 1,700 individuals, couples, and or- the following enrolled bills: of the Endangered Species Listing Branch, ganizations nationwide for their work H.R. 771. An act to designate the facility of Fish and Wildlife Services, Department of in providing children with loving, sta- the United States Postal Service located at the Interior, transmitting, pursuant to law, 1081 Elbel Road in Schertz, Texas, as the the report of a rule entitled ‘‘Endangered ble homes. ‘‘Schertz Veterans Post Office’’. and Threatened Wildlife and Plants; Deter- Fifty-nine foster children have come H.R. 1632. An act to designate the facility mination of Endangered Status for Casey’s to know what it means to have loving of the United States Postal Service located June Beetle and Designation of Critical parents through the compassion of Jim at 5014 Gary Avenue in Lubbock, Texas, as Habitat’’ (RIN1018–AV91) received during ad- and Jean Mulder. While some parents the ‘‘Sergeant Chris Davis Post Office’’. journment of the Senate in the Office of the

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G05OC6.005 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6185 President of the Senate on September 28, the report of a rule entitled ‘‘Special Regula- By Mr. LUGAR: 2011; to the Committee on Environment and tions; Areas of the National Park System, S. 1658. A bill to reform and reauthorize ag- Public Works. Grand Teton National Park, Bicycle Routes, ricultural programs, and for other purposes; EC–3424. A communication from the Direc- Fishing and Vessels’’ (RIN1024–AD75) re- to the Committee on Agriculture, Nutrition, tor of the Regulatory Management Division, ceived during adjournment of the Senate in and Forestry. Environmental Protection Agency, transmit- the Office of the President of the Senate on By Ms. AYOTTE (for herself and Mr. ting, pursuant to law, the report of a rule en- September 28, 2011; to the Committee on En- DEMINT): titled ‘‘Revisions to the California State Im- ergy and Natural Resources. S. 1659. A bill to return unused or re- plementation Plan, Santa Barbara Air Pollu- EC–3433. A communication from the Assist- claimed funds made available for broadband tion Control District, Sacramento Municipal ant General Counsel for Legislation, Regula- awards in the American Recovery and Rein- Air Quality Management District and South tion and Energy Efficiency, Department of vestment Act of 2009 to the Treasury of the Coast Air Quality Management District’’ Energy, transmitting, pursuant to law, the United States; to the Committee on Com- (FRL No. 9469–1) received in the Office of the report of a rule entitled ‘‘Energy Conserva- merce, Science, and Transportation. President of the Senate on September 26, tion Program: Compliance Certification for By Mr. REID: 2011; to the Committee on Environment and Electric Motors’’ (RIN1904–AC23) received in S. 1660. A bill to provide tax relief for Public Works. the Office of the President of the Senate on American workers and businesses, to put EC–3425. A communication from the Direc- September 26, 2011; to the Committee on En- workers back on the job while rebuilding and tor of the Regulatory Management Division, ergy and Natural Resources. modernizing America, and to provide path- Environmental Protection Agency, transmit- EC–3434. A communication from the In- ways back to work for Americans looking for ting, pursuant to law, the report of a rule en- spector General, Department of Health and jobs; read the first time. titled ‘‘Approval and Promulgation of Air Human Services, transmitting, pursuant to f Quality Implementation Plans; Indiana; Pre- law, a report entitled ‘‘Review of Medicare vention of Significant Deterioration Green- Contractor Information Security Program SUBMISSION OF CONCURRENT AND house Gas Tailoring Rule’’ (FRL No. 9471–9) Evaluations for Fiscal Year 2009’’; to the SENATE RESOLUTIONS received in the Office of the President of the Committee on Finance. The following concurrent resolutions Senate on September 26, 2011; to the Com- EC–3435. A communication from the Chief and Senate resolutions were read, and mittee on Environment and Public Works. of the Publications and Regulations Branch, EC–3426. A communication from the Direc- Internal Revenue Service, Department of the referred (or acted upon), as indicated: tor of the Regulatory Management Division, Treasury, transmitting, pursuant to law, the By Mr. INOUYE (for himself and Mr. Environmental Protection Agency, transmit- report of a rule entitled ‘‘Extension of Re- CHAMBLISS): ting, pursuant to law, the report of a rule en- placement Period for Livestock Sold on Ac- S. Res. 286. A resolution recognizing May titled ‘‘Approval and Promulgation of Air count of Drought in Specified Counties’’ (No- 16, 2012, as Hereditary Angioedema Aware- Quality Implementation Plans; Ohio, Ken- tice 2011–79) received during adjournment of ness Day and expressing the sense of the tucky, and Indiana; Cincinnati-Hamilton the Senate in the Office of the President of Senate that more research and treatments Nonattainment Area; Determinations of At- the Senate on September 28, 2011; to the are needed for Hereditary Angioedema; to tainment of the 1997 Annual Fine Particulate Committee on Finance. the Committee on the Judiciary. Standards’’ (FRL No. 9472–2) received in the EC–3436. A communication from the Chief By Mr. REID (for himself, Mrs. FEIN- Office of the President of the Senate on Sep- of the Publications and Regulations Branch, STEIN, Mrs. GILLIBRAND, Mr. AKAKA, tember 26, 2011; to the Committee on Envi- Internal Revenue Service, Department of the Mr. INOUYE, Mr. MENENDEZ, Mr. LAU- ronment and Public Works. Treasury, transmitting, pursuant to law, the TENBERG, Mr. SCHUMER, Mrs. MUR- EC–3427. A communication from the Direc- report of a rule entitled ‘‘Applicable Federal RAY, Mr. DURBIN, and Mr. HELLER): tor of the Regulatory Management Division, Rates—October 2011’’ (Rev. Rul. 2011–22) re- S. Res. 287. A resolution designating Octo- Environmental Protection Agency, transmit- ceived during adjournment of the Senate in ber 2011 as ‘‘Filipino American History ting, pursuant to law, the report of a rule en- the Office of the President of the Senate on Month’’; considered and agreed to. titled ‘‘Approval and Promulgation of State September 28, 2011; to the Committee on Fi- f Implementation Plans; State of Colorado nance. Regulation Number 3: Revisions to the Air EC–3437. A communication from the Chief ADDITIONAL COSPONSORS Pollutant Emission Notice Requirements of the Publications and Regulations Branch, S. 25 and Exemptions’’ (FRL No. 9290–2) received Internal Revenue Service, Department of the At the request of Mr. KIRK, the name during adjournment of the Senate in the Of- Treasury, transmitting, pursuant to law, the of the Senator from Massachusetts report of a rule entitled ‘‘Supplemental Pro- fice of the President of the Senate on Sep- (Mr. BROWN) was added as a cosponsor cedures for Church Plan Letter Rulings’’ tember 29, 2011; to the Committee on Envi- of S. 25, a bill to phase out the Federal ronment and Public Works. (Rev. Proc. 2011–44) received during adjourn- EC–3428. A communication from the Direc- ment of the Senate in the Office of the Presi- sugar program, and for other purposes. tor of the Regulatory Management Division, dent of the Senate on September 28, 2011; to S. 164 Environmental Protection Agency, transmit- the Committee on Finance. At the request of Mr. BROWN of Mas- ting, pursuant to law, the report of a rule en- f sachusetts, the name of the Senator titled ‘‘Significant New Use Rules on Certain from Idaho (Mr. CRAPO) was added as a INTRODUCTION OF BILLS AND Chemical Substances’’ (FRL No. 8880–2) re- cosponsor of S. 164, a bill to repeal the JOINT RESOLUTIONS ceived during adjournment of the Senate in imposition of withholding on certain the Office of the President of the Senate on The following bills and joint resolu- payments made to vendors by govern- September 29, 2011; to the Committee on En- tions were introduced, read the first vironment and Public Works. ment entities. EC–3429. A communication from the Direc- and second times by unanimous con- S. 227 tor of the Regulatory Management Division, sent, and referred as indicated: At the request of Ms. COLLINS, the Environmental Protection Agency, transmit- By Mr. CORKER (for himself and Mr. name of the Senator from Massachu- ting, the Uniform Resource Locator (URL) BENNET): setts (Mr. BROWN) was added as a co- S. 1655. A bill to amend title XI of the So- for a report entitled ‘‘OSRE: Affiliation sponsor of S. 227, a bill to amend title Guidance’’; to the Committee on Environ- cial Security Act to provide for the annual ment and Public Works. mailing of statements of Medicare bene- XVIII of the Social Security Act to en- EC–3430. A communication from the Ad- ficiary part A contributions and benefits in sure more timely access to home ministrator of the Environmental Protection coordination with the annual mailing of So- health services for Medicare bene- Agency, transmitting, pursuant to law, a re- cial Security account statements; to the ficiaries under the Medicare program. port entitled ‘‘Fiscal Year 2010 Superfund Committee on Finance. S. 309 Five-Year Review Report to Congress’’; to By Mr. ISAKSON: At the request of Mr. LUGAR, the S. 1656. A bill to amend the Internal Rev- the Committee on Environment and Public name of the Senator from New Hamp- Works. enue Code of 1986 to provide penalty free dis- EC–3431. A communication from the Dep- tributions from certain retirement plans for shire (Mrs. SHAHEEN) was added as a co- uty Chief, National Forest System, Depart- mortgage payments with respect to a prin- sponsor of S. 309, a bill to authorize the ment of Agriculture, transmitting, pursuant cipal residence and to modify the rules gov- extension of nondiscriminatory treat- to law, a report relative to the boundary for erning hardship distributions; to the Com- ment (normal trade relations treat- the North Fork Crooked Wild and Scenic mittee on Finance. ment) to the products of Moldova. River in Oregon; to the Committee on En- By Mr. ROCKEFELLER: S. 382 ergy and Natural Resources. S. 1657. A bill to amend the provisions of EC–3432. A communication from the Acting law relating to sport fish restoration and At the request of Mr. BARRASSO, the Assistant Secretary for Fish and Wildlife and recreational boating safety, and for other name of the Senator from New Hamp- Parks, National Park Service, Department of purposes; to the Committee on Commerce, shire (Ms. AYOTTE) was added as a co- the Interior, transmitting, pursuant to law, Science, and Transportation. sponsor of S. 382, a bill to amend the

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.009 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6186 CONGRESSIONAL RECORD — SENATE October 5, 2011 National Forest Ski Area Permit Act the fund for future generations, and for added as cosponsors of S. 1468, a bill to of 1986 to clarify the authority of the other purposes. amend title XVIII of the Social Secu- Secretary of Agriculture regarding ad- S. 1285 rity Act to improve access to diabetes ditional recreational uses of National At the request of Mr. KOHL, the name self-management training by author- Forest System land that is subject to of the Senator from North Carolina izing certified diabetes educators to ski area permits, and for other pur- (Mrs. HAGAN) was added as a cosponsor provide diabetes self-management poses. of S. 1285, a bill to amend the Internal training services, including as part of S. 393 Revenue Code of 1986 to extend and telehealth services, under part B of the At the request of Mr. REED, the name modify the credit for new qualified hy- Medicare program. of the Senator from Hawaii (Mr. brid motor vehicles, and for other pur- S. 1528 AKAKA) was added as a cosponsor of S. poses. At the request of Mr. JOHANNS, the name of the Senator from Idaho (Mr. 393, a bill to aid and support pediatric S. 1299 CRAPO) was added as a cosponsor of S. involvement in reading and education. At the request of Mr. MORAN, the 1528, a bill to amend the Clean Air Act S. 402 names of the Senator from Alaska (Mr. to limit Federal regulation of nuisance At the request of Ms. SNOWE, the BEGICH) and the Senator from Georgia dust in areas in which that dust is reg- name of the Senator from Massachu- (Mr. CHAMBLISS) were added as cospon- ulated under State, tribal, or local law, setts (Mr. BROWN) was added as a co- sors of S. 1299, a bill to require the Sec- to establish a temporary prohibition sponsor of S. 402, a bill to amend title retary of the Treasury to mint coins in against revising any national ambient 10, United States Code, to provide for commemoration of the centennial of air quality standard applicable to the award of a military service medal the establishment of Lions Clubs Inter- coarse particulate matter, and for to members of the Armed Forces who national. other purposes. served honorably during the Cold War, S. 1392 S. 1541 and for other purposes. At the request of Ms. COLLINS, the At the request of Mr. BENNET, the S. 741 name of the Senator from North Da- name of the Senator from Missouri At the request of Mr. UDALL of New kota (Mr. HOEVEN) was added as a co- (Mr. BLUNT) was added as a cosponsor Mexico, the name of the Senator from sponsor of S. 1392, a bill to provide ad- of S. 1541, a bill to revise the Federal New Jersey (Mr. LAUTENBERG) was ditional time for the Administrator of charter for the Blue Star Mothers of added as a cosponsor of S. 741, a bill to the Environmental Protection Agency America, Inc. to reflect a change in eli- amend the Public Utility Regulatory to issue achievable standards for indus- gibility requirements for membership. Policies Act of 1978 to establish a re- trial, commercial, and institutional S. 1625 newable electricity standard, and for boilers, process heaters, and inciner- At the request of Mr. MCCAIN, the other purposes. ators, and for other purposes. name of the Senator from Oklahoma S. 1025 S. 1421 (Mr. COBURN) was added as a cosponsor At the request of Ms. MIKULSKI, her At the request of Mr. PORTMAN, the of S. 1625, a bill to restore the financial name was added as a cosponsor of S. name of the Senator from Mississippi solvency of the United States Postal 1025, a bill to amend title 10, United (Mr. COCHRAN) was added as a cospon- Service and to ensure the efficient and States Code, to enhance the national sor of S. 1421, a bill to authorize the affordable nationwide delivery of mail. defense through empowerment of the Peace Corps Commemorative Founda- S. 1639 National Guard, enhancement of the tion to establish a commemorative At the request of Mr. LEAHY, his functions of the National Guard Bu- work in the District of Columbia and name was added as a cosponsor of S. reau, and improvement of Federal- its environs, and for other purposes. 1639, a bill to amend title 36, United State military coordination in domes- S. 1460 States Code, to authorize the American tic emergency response, and for other At the request of Mr. BAUCUS, the Legion under its Federal charter to purposes. names of the Senator from Missouri provide guidance and leadership to the S. 1108 (Mr. BLUNT), the Senator from Wash- individual departments and posts of At the request of Mr. SANDERS, the ington (Mrs. MURRAY) and the Senator the American Legion, and for other name of the Senator from New Jersey from Massachusetts (Mr. BROWN) were purposes. At the request of Mr. HELLER, the (Mr. LAUTENBERG) was added as a co- added as cosponsors of S. 1460, a bill to name of the Senator from Maine (Ms. sponsor of S. 1108, a bill to provide grant the congressional gold medal, SNOWE) was added as a cosponsor of S. local communities with tools to make collectively, to the First Special Serv- 1639, supra. solar permitting more efficient, and for ice Force, in recognition of its superior other purposes. service during World War II. S. 1647 At the request of Mr. CRAPO, the S. 1174 S. 1467 names of the Senator from Texas (Mr. At the request of Ms. STABENOW, the At the request of Mr. BLUNT, the CORNYN), the Senator from Louisiana name of the Senator from Pennsyl- names of the Senator from Kansas (Mr. (Mr. VITTER), the Senator from Iowa vania (Mr. CASEY) was added as a co- ROBERTS), the Senator from North (Mr. GRASSLEY) and the Senator from sponsor of S. 1174, a bill to provide pre- Carolina (Mr. BURR), the Senator from Oklahoma (Mr. INHOFE) were added as dictability and certainty in the tax Wyoming (Mr. BARRASSO), the Senator cosponsors of S. 1647, a bill to repeal law, create jobs, and encourage invest- from Utah (Mr. HATCH), the Senator the sunset on the reduction of capital ment. from Wyoming (Mr. ENZI), the Senator gains rates for individuals and on the S. 1198 from North Dakota (Mr. HOEVEN), the taxation of dividends of individuals at At the request of Mr. KERRY, the Senator from Arkansas (Mr. BOOZMAN), capital gain rates. name of the Senator from Massachu- the Senator from Idaho (Mr. CRAPO), AMENDMENT NO. 669 setts (Mr. BROWN) was added as a co- the Senator from Oklahoma (Mr. At the request of Mr. MERKLEY, the sponsor of S. 1198, a bill to reauthorize INHOFE) and the Senator from Texas name of the Senator from New York the Essex National Heritage Area. (Mr. CORNYN) were added as cosponsors (Mr. SCHUMER) was added as a cospon- S. 1265 of S. 1467, a bill to amend the Patient sor of amendment No. 669 intended to At the request of Mr. BINGAMAN, the Protection and Affordable Care Act to be proposed to S. 1619, a bill to provide name of the Senator from New Jersey protect rights of conscience with re- for identification of misaligned cur- (Mr. LAUTENBERG) was added as a co- gard to requirements for coverage of rency, require action to correct the sponsor of S. 1265, a bill to amend the specific items and services. misalignment, and for other purposes. Land and Water Conservation Fund S. 1468 AMENDMENT NO. 670 Act of 1965 to provide consistent and At the request of Mrs. SHAHEEN, the At the request of Mr. COBURN, the reliable authority for, and for the fund- names of the Senator from Minnesota name of the Senator from North Caro- ing of, the land and water conservation (Mr. FRANKEN) and the Senator from lina (Mr. BURR) was added as a cospon- fund to maximize the effectiveness of South Dakota (Mr. JOHNSON) were sor of amendment No. 670 intended to

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.011 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6187 be proposed to S. 1619, a bill to provide ican people are given facts and trans- for joining me in this effort. I also for identification of misaligned cur- parency, they make good decisions. thank Representatives COOPER and rency, require action to correct the They help us here in Washington make RYAN for their leadership in the House. misalignment, and for other purposes. good decisions when I think they have It is my hope that soon, either AMENDMENT NO. 673 the information they need. through unanimous consent or early At the request of Ms. MURKOWSKI, the A lot of Americans are very aware of action, that this bill will become law. I name of the Senator from Alaska (Mr. some of the dilemmas we face here in think as long as Americans understand BEGICH) was added as a cosponsor of Washington regarding Medicare. But I where things stand, they help us in amendment No. 673 intended to be pro- do not think many Americans are fully Congress make good and sound deci- posed to S. 1619, a bill to provide for aware of the dilemma we face. I think sions. That is why I am introducing identification of misaligned currency, they are aware that the trustees for this bill today with the help of Senator require action to correct the misalign- Medicare have said that in the year BENNET from Colorado. ment, and for other purposes. 2024 Medicare is going to become insol- With that, I yield the floor. AMENDMENT NO. 675 vent. But I do not think they are aware The PRESIDING OFFICER. The sen- At the request of Mr. MENENDEZ, the of the math. Actually I was not aware ior Senator from Tennessee. names of the Senator from New York of the math until we began to look at Mr. ALEXANDER. Mr. President, I (Mr. SCHUMER) and the Senator from how we solve the problem. congratulate the junior Senator from Connecticut (Mr. LIEBERMAN) were According to a recent study, the av- Tennessee for his usual good judgment added as cosponsors of amendment No. erage American couple each earning and insight in working on a difficult 675 intended to be proposed to S. 1619, a $43,500 a year will pay $119,000 into the problem. No Member of this body has bill to provide for identification of mis- Medicare Program over their lifetime. done more in the last year to try to aligned currency, require action to cor- This contribution includes the portion highlight the problem of the Federal rect the misalignment, and for other that their employer pays on their be- debt. Through his cap plan, which has purposes. half. In other words, the family pays in been a part of almost every discussion AMENDMENT NO. 680 half, the employer pays in half. In 2011 we have had seriously about it, through At the request of Mr. HATCH, the dollars, that means if you paid in 30 his effort—more recently to support ef- names of the Senator from Nevada (Mr. years ago, and that money was inflated forts to try to achieve $4 trillion in HELLER), the Senator from Wyoming to today’s dollars, that family would debt reduction as a part of the select (Mr. ENZI) and the Senator from Ken- have paid in $119,000 over their life- committee, and his suggestion today tucky (Mr. MCCONNELL) were added as time. that allowing Americans to understand cosponsors of amendment No. 680 in- What most Americans do not know is something that most of us hadn’t fo- tended to be proposed to S. 1619, a bill that over their lifetime, the average cused on—that during our lifetimes we to provide for identification of mis- family takes $357,000 out of Medicare. are paying in $110,000, $120,000 into aligned currency, require action to cor- So obviously the math does not work. Medicare and taking out, during our rect the misalignment, and for other I think most Americans did not fully lifetimes, $350,000 or so, and that is a purposes. realize this until we got into the situa- problem that has to be solved. AMENDMENT NO. 703 tion we’re in—I am not sure most peo- I have been doing research lately on At the request of Mr. BROWN of Mas- ple in the Senate understood how off our debt situation. Fundamentally sachusetts, the name of the Senator the math is, if you will. speaking, our problem lies with health from Louisiana (Mr. VITTER) was added Over the next decade, 20 million more care costs. It lies with families, busi- as a cosponsor of amendment No. 703 Americans are going to be on Medicare. nesses, and with the U.S. Government. intended to be proposed to S. 1619, a The situation where the average family Our discretionary spending—the kind bill to provide for identification of mis- and their employer are paying in we appropriate every year—on every- aligned currency, require action to cor- $119,000 into the program and taking thing from national parks and national rect the misalignment, and for other out $357,000 is going to be further exac- defense to roads and bridges, that is purposes. erbated by the fact that over the next about 39 percent of the budget. If we AMENDMENT NO. 717 10 years, 20 million more Americans stick to our guns on the agreement we At the request of Ms. COLLINS, the are going to be on Medicare. made in early August, that will only name of the Senator from Illinois (Mr. Then, on top of that, we are going to grow at a little less than the rate of in- KIRK) was added as a cosponsor of have fewer people working per retiree flation. But it would go over to the amendment No. 717 intended to be pro- than ever in the history of this coun- mandatory spending, which is about 55 posed to S. 1619, a bill to provide for try. For that reason, today, Senator percent of our spending. It is going to identification of misaligned currency, BENNET and I are offering a bill that go up three times the rate of inflation, require action to correct the misalign- says when Americans receive their So- and the fastest growing part of that ment, and for other purposes. cial Security letter, which lays out mandatory spending is Medicare and how much they have paid in, they f Medicaid. would also receive the information re- So we need to save our Medicare and STATEMENTS ON INTRODUCED garding Medicare, so that they will Medicaid system so Americans can rely BILLS AND JOINT RESOLUTIONS know how much they are paying into on them. I think Senator CORKER By Mr. CORKER (for himself and the program and, over time, how much shows respect for the voters of Ten- Mr. BENNET): they will have taken out. nessee and for Americans by assuming S. 1655. A bill to amend title XI of the I think this type of transparency al- that if they understand the problem, Social Security Act to provide for the lows Americans to fully understand they will support a serious effort to annual mailing of statements of Medi- how these programs work. To me, what deal with a solution. I compliment him care beneficiary part A contributions that will do is help all of us in the Sen- for that leadership. and benefits in coordination with the ate, and over in the House of Rep- The PRESIDING OFFICER. The jun- annual mailing of Social Security ac- resentatives, make better decisions. I ior Senator from Tennessee. count statements; to the Committee on think when Americans are informed Mr. CORKER. Mr. President, while finance. they help us make better decisions. we are issuing compliments, I want to Mr. CORKER. I am here today to say A lot of Americans don’t fully appre- say that all of us want to see to it that that Senator BENNET from Colorado ciate this, I think, sometimes. But Medicare is here for future generations. and myself are introducing a bill that Congress really does reflect more fully That will take sound judgment. We mirrors what has been introduced in than they think the will of the Amer- have a select committee that is work- the House by Representative COOPER ican people. Again, I think trans- ing on, hopefully, the first step to from Tennessee and PAUL RYAN from parency helps us represent the Amer- make that happen. Wisconsin. ican people in even a more full way. I congratulate the senior Senator I have tremendous faith in the Amer- Today we introduce this bill, and I from Tennessee for this. More than ican people. I believe when the Amer- thank Senator BENNET from Colorado anybody else recently, I think he has

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.012 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6188 CONGRESSIONAL RECORD — SENATE October 5, 2011 pointed out that in this country, as we Sec. 4. Buy American—Use of American Sec. 249. Senior management. leave mandatory spending on auto- iron, steel, and manufactured Sec. 250. Special Inspector General for goods. AIFA. pilot, and as we move to a place where Sec. 251. Other personnel. these programs are insolvent and not Sec. 5. Wage rate and employment protec- tion requirements. Sec. 252. Compliance. there for future generations, what we TITLE I—RELIEF FOR WORKERS AND PART II—TERMS AND LIMITATIONS ON DIRECT are doing is eating our seed corn. BUSINESSES LOANS AND LOAN GUARANTEES The fact is, our senior Senator from Sec. 253. Eligibility criteria for assistance Subtitle A—Payroll Tax Relief Tennessee knows full well what it from AIFA and terms and limi- takes to make a strong country. He Sec. 101. Temporary payroll tax cut for em- tations of loans. sits on an appropriations committee ployers, employees and the self- Sec. 254. Loan terms and repayment. employed. Sec. 255. Compliance and enforcement. and understands that many of the basic Sec. 102. Temporary tax credit for increased Sec. 256. Audits; reports to the President sciences and other types of efforts that payroll. and Congress. are underway with the Federal Govern- Subtitle B—Other Relief for Businesses PART III—FUNDING OF AIFA ment are the very things that will Sec. 111. Extension of temporary 100 percent Sec. 257. Administrative fees. make our country stronger. bonus depreciation for certain Sec. 258. Efficiency of AIFA. Yet what we are doing in this coun- business assets. Sec. 259. Funding. try by leaving mandatory spending on Sec. 112. Surety bonds. PART IV—EXTENSION OF EXEMPTION FROM autopilot at the rate at which it is Sec. 113. Delay in application of withholding ALTERNATIVE MINIMUM TAX TREATMENT growing is causing us to eat into those on government contractors. FOR CERTAIN TAX-EXEMPT BONDS things that make our country strong. I TITLE II—PUTTING WORKERS BACK ON Sec. 260. Extension of exemption from alter- thank him for his leadership in that re- THE JOB WHILE REBUILDING AND native minimum tax treatment for certain tax-exempt bonds. gard. As the Governor of Tennessee, he MODERNIZING AMERICA led our State in making it stronger by Subtitle A—Veterans Hiring Preferences Subtitle G—Project Rebuild making the kinds of priority invest- Sec. 201. Returning heroes and wounded war- Sec. 261. Project Rebuild. ments that made us stronger. He al- riors work opportunity tax Subtitle H—National Wireless Initiative luded to that earlier—what he did in credits. Sec. 271. Definitions. making sure investments in our State Subtitle B—Teacher Stabilization PART I—AUCTIONS OF SPECTRUM AND SPECTRUM MANAGEMENT created higher wages. Sec. 202. Purpose. I think more than anybody else in Sec. 203. Grants for the outlying areas and Sec. 272. Clarification of authorities to re- purpose Federal spectrum for this body, the Senator understands if the Secretary of the Interior; availability of funds. commercial purposes. we allow things to continue as they Sec. 204. State allocation. Sec. 273. Incentive auction authority. are, we are going to continue to invest Sec. 205. State application. Sec. 274. Requirements when repurposing less and less in those kinds of things Sec. 206. State reservation and responsibil- certain mobile satellite serv- that make our country strong—things ities. ices spectrum for terrestrial such as infrastructure, which we all Sec. 207. Local educational agencies. broadband use. Sec. 208. Early learning. Sec. 275. Permanent extension of auction au- know needs to happen. Yet because we thority. haven’t had the courage and the will to Sec. 209. Maintenance of effort. Sec. 210. Reporting. Sec. 276. Authority to auction licenses for take on those mandatory programs, re- Sec. 211. Definitions. domestic satellite services. Sec. 277. Directed auction of certain spec- form them so that future generations Sec. 212. Authorization of appropriations. will have them, but also so that we can trum. Subtitle C—First Responder Stabilization Sec. 278. Authority to establish spectrum li- continue to make these investments in Sec. 213. Purpose. cense user fees. our country that are so important, our Sec. 214. Grant program. PART II—PUBLIC SAFETY BROADBAND country’s greatness will dissipate. Sec. 215. Appropriations. NETWORK I thank him for his leadership in Subtitle D—School Modernization Sec. 281. Reallocation of D block for public many ways. I hope he will continue to PART I—ELEMENTARY AND SECONDARY safety. move ahead with informing people as SCHOOLS Sec. 282. Flexible use of narrowband spec- to what is happening in this country, trum. Sec. 221. Purpose. Sec. 283. Single public safety wireless net- how that is hurting us, how it causes Sec. 222. Authorization of appropriations. our greatness to dissipate as long as we work licensee. Sec. 223. Allocation of funds. Sec. 284. Establishment of Public Safety don’t take on these mandatory spend- Sec. 224. State use of funds. Broadband Corporation. ing programs which, in my words, are Sec. 225. State and local applications. Sec. 285. Board of directors of the corpora- causing us to eat our seed corn. Sec. 226. Use of funds. tion. Sec. 227. Private schools. Sec. 286. Officers, employees, and commit- By Mr. REID: Sec. 228. Additional provisions. tees of the corporation. S. 1660. A bill to provide tax relief for PART II—COMMUNITY COLLEGE Sec. 287. Nonprofit and nonpolitical nature American workers and businesses, to MODERNIZATION of the corporation. Sec. 288. Powers, duties, and responsibilities Sec. 229. Federal assistance for community put workers back on the job while re- of the corporation. building and modernizing America, and college modernization. Sec. 289. Initial funding for corporation. to provide pathways back to work for PART III—GENERAL PROVISIONS Sec. 290. Permanent self-funding; duty to as- Americans looking for jobs; read the Sec. 230. Definitions. sess and collect fees for net- first time. Sec. 231. Buy American. work use. Sec. 291. Audit and report. Mr. REID. Mr. President, I ask unan- Subtitle E—Immediate Transportation Sec. 292. Annual report to Congress. imous consent that the text of the bill Infrastrucure Investments Sec. 293. Provision of technical assistance. be printed in the RECORD. Sec. 241. Immediate transportation infra- Sec. 294. State and local implementation. There being no objection, the text of structure investments. Sec. 295. State and Local Implementation the bill was ordered to be printed in Subtitle F—Building and Upgrading Fund. Sec. 296. Public safety wireless communica- the RECORD, as follows: Infrastructure for Long-Term Development tions research and develop- S. 1660 Sec. 242. Short title; table of contents. ment. Be it enacted by the Senate and House of Rep- Sec. 243. Findings and purpose. Sec. 297. Public Safety Trust Fund. resentatives of the United States of America in Sec. 244. Definitions. Sec. 298. FCC report on efficient use of pub- Congress assembled, PART I—AMERICAN INFRASTRUCTURE lic safety spectrum. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. FINANCING AUTHORITY Sec. 299. Public safety roaming and priority access. (a) SHORT TITLE.—This Act may be cited as Sec. 245. Establishment and general author- the ‘‘American Jobs Act of 2011’’. ity of AIFA. TITLE III—ASSISTANCE FOR THE UNEM- (b) TABLE OF CONTENTS.—The table of con- Sec. 246. Voting members of the board of di- PLOYED AND PATHWAYS BACK TO tents for this Act is as follows: rectors. WORK Sec. 1. Short title; table of contents. Sec. 247. Chief executive officer of AIFA. Subtitle A—Supporting Unemployed Sec. 2. References. Sec. 248. Powers and duties of the board of Workers Sec. 3. Severability. directors. Sec. 301. Short title.

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PART I—EXTENSION OF EMERGENCY UNEM- subtitle of this Act shall be treated as refer- of tax under 3111(a) of such Code shall be 3.1 PLOYMENT COMPENSATION AND CERTAIN EX- ring only to the provisions of that subtitle. percent (including for purposes of deter- TENDED BENEFITS PROVISIONS, AND ESTAB- SEC. 3. SEVERABILITY. mining the applicable percentage under sec- LISHMENT OF SELF-EMPLOYMENT ASSIST- If any provision of this Act, or the applica- tions 3221(a) and 3211(a) of such Code). ANCE PROGRAM tion thereof to any person or circumstance, (3) Subsection (a)(2) shall only apply to— Sec. 311. Extension of emergency unemploy- is held invalid, the remainder of the Act and (A) employees performing services in a ment compensation program. the application of such provision to other trade or business of a qualified employer, or Sec. 312. Temporary extension of extended persons or circumstances shall not be af- (B) in the case of a qualified employer ex- benefit provisions. fected thereby. empt from tax under section 501(a), in fur- Sec. 313. Reemployment services and reem- SEC. 4. BUY AMERICAN—USE OF AMERICAN IRON, therance of the activities related to the pur- ployment and eligibility assess- STEEL, AND MANUFACTURED pose or function constituting the basis of the ment activities. GOODS. employer’s exemption under section 501. Sec. 314. Federal-State agreements to ad- (a) None of the funds appropriated or oth- (4) Subsection (a)(2) shall apply only to the minister a self-employment as- erwise made available by this Act may be first $5 million of remuneration or com- sistance program. used for a project for the construction, alter- pensation paid by a qualified employer sub- Sec. 315. Conforming amendment on pay- ation, maintenance, or repair of a public ject to section 3111(a) or a corresponding ment of Bridge to Work wages. building or public work unless all of the iron, amount of compensation subject to 3221(a). steel, and manufactured goods used in the Sec. 316. Additional extended unemployment (b) SELF-EMPLOYMENT TAXES.— project are produced in the United States. benefits under the Railroad Un- (1) IN GENERAL.—Notwithstanding any (b) Subsection (a) shall not apply in any employment Insurance Act. other provision of law, with respect to any case or category of cases in which the head taxable year which begins in the payroll tax PART II—REEMPLOYMENT NOW PROGRAM of the Federal department or agency in- holiday period, the rate of tax under section Sec. 321. Establishment of Reemployment volved finds that— 1401(a) of the Internal Revenue Code of 1986 NOW program. (1) applying subsection (a) would be incon- shall be— Sec. 322. Distribution of funds. sistent with the public interest; (A) 6.2 percent on the portion of net earn- Sec. 323. State plan. (2) iron, steel, and the relevant manufac- ings from self-employment subject to 1401(a) Sec. 324. Bridge to Work program. tured goods are not produced in the United during the payroll tax period that does not Sec. 325. Wage insurance. States in sufficient and reasonably available exceed the amount of the excess of $5 million Sec. 326. Enhanced reemployment strate- quantities and of a satisfactory quality; or over total remuneration, if any, subject to gies. (3) inclusion of iron, steel, and manufac- section 3111(a) paid during the payroll tax Sec. 327. Self-employment programs. tured goods produced in the United States holiday period to employees of the self-em- Sec. 328. Additional innovative programs. will increase the cost of the overall project ployed person, and Sec. 329. Guidance and additional require- by more than 25 percent. ments. (c) If the head of a Federal department or (B) 9.3 percent for any portion of net earn- Sec. 330. Report of information and evalua- agency determines that it is necessary to ings from self-employment not subject to tions to Congress and the pub- waive the application of subsection (a) based subsection (b)(1)(A). lic. on a finding under subsection (b), the head of (2) COORDINATION WITH DEDUCTIONS FOR EM- Sec. 331. State. the department or agency shall publish in PLOYMENT TAXES.—For purposes of the Inter- nal Revenue Code of 1986, in the case of any PART III—SHORT-TIME COMPENSATION the Federal Register a detailed written jus- taxable year which begins in the payroll tax PROGRAM tification as to why the provision is being waived. holiday period— Sec. 341. Treatment of short-time compensa- (A) DEDUCTION IN COMPUTING NET EARNINGS tion programs. (d) This section shall be applied in a man- ner consistent with United States obliga- FROM SELF-EMPLOYMENT.—The deduction al- Sec. 342. Temporary financing of short-time lowed under section 1402(a)(12) of such Code compensation payments in tions under international agreements. SEC. 5. WAGE RATE AND EMPLOYMENT PROTEC- shall be the sum of (i) 4.55 percent times the States with programs in law. amount of the taxpayer’s net earnings from Sec. 343. Temporary financing of short-time TION REQUIREMENTS. (a) Notwithstanding any other provision of self-employment for the taxable year subject compensation agreements. to paragraph (b)(1)(A) of this section, plus Sec. 344. Grants for short-time compensa- law and in a manner consistent with other (ii) 7.65 percent of the taxpayer’s net earn- tion programs. provisions in this Act, all laborers and me- ings from self-employment in excess of that Sec. 345. Assistance and guidance in imple- chanics employed by contractors and sub- amount. menting programs. contractors on projects funded directly by or (B) INDIVIDUAL DEDUCTION.—The deduction Sec. 346. Reports. assisted in whole or in part by and through the Federal Government pursuant to this under section 164(f) of such Code shall be Subtitle B—Long Term Unemployed Hiring Act shall be paid wages at rates not less than equal to the sum of (i) one-half of the taxes Preferences those prevailing on projects of a character imposed by section 1401 (after the applica- Sec. 351. Long term unemployed workers similar in the locality as determined by the tion of this section) with respect to the tax- work opportunity tax credits. Secretary of Labor in accordance with sub- payer’s net earnings from self-employment Subtitle C—Pathways Back to Work chapter IV of chapter 31 of title 40, United for the taxable year subject to paragraph Sec. 361. Short title. States Code. (b)(1)(A) of this section plus (ii) 62.7 percent Sec. 362. Establishment of Pathways Back (b) With respect to the labor standards of the taxes imposed by section 1401 (after to Work Fund. specified in this section, the Secretary of the application of this section) with respect Sec. 363. Availability of funds. Labor shall have the authority and functions to the excess. Sec. 364. Subsidized employment for unem- set forth in Reorganization Plan Numbered (c) REGULATORY AUTHORITY.—The Sec- ployed, low-income adults. 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and retary may prescribe any such regulations or Sec. 365. Summer employment and year- section 3145 of title 40, United States Code. other guidance necessary or appropriate to round employment opportuni- (c) Projects as defined under title 49, carry out this section, including the alloca- ties for low-income youth. United States Code, funded directly by or as- tion of the excess of $5 million over total re- Sec. 366. Work-based employment strategies sisted in whole or in part by and through the muneration subject to section 3111(a) paid of demonstrated effectiveness. Federal Government pursuant to this Act during the payroll tax holiday period among Sec. 367. General requirements. shall be subject to the requirements of sec- related taxpayers treated as a single quali- Sec. 368. Definitions. tion 5333(b) of title 49, United States Code. fied employer. Subtitle D—Prohibition of Discrimination in TITLE I—RELIEF FOR WORKERS AND (d) DEFINITIONS.— Employment on the Basis of an Individ- BUSINESSES (1) PAYROLL TAX HOLIDAY PERIOD.—The ual’s Status as Unemployed Subtitle A—Payroll Tax Relief term ‘‘payroll tax holiday period’’ means cal- endar year 2012. Sec. 371. Short title. SEC. 101. TEMPORARY PAYROLL TAX CUT FOR (2) QUALIFIED EMPLOYER.—For purposes of Sec. 372. Findings and purpose. EMPLOYERS, EMPLOYEES AND THE SELF-EMPLOYED. this paragraph, Sec. 373. Definitions. (a) WAGES.—Notwithstanding any other (A) IN GENERAL.—The term ‘‘qualified em- Sec. 374. Prohibited acts. Sec. 375. Enforcement. provision of law— ployer’’ means any employer other than the Sec. 376. Federal and State immunity. (1) with respect to remuneration received United States, any State or possession of the Sec. 377. Relationship to other laws. during the payroll tax holiday period, the United States, or any political subdivision Sec. 378. Severability. rate of tax under 3101(a) of the Internal Rev- thereof, or any instrumentality of the fore- enue Code of 1986 shall be 3.1 percent (includ- going. TITLE IV—SURTAX ON MILLIONAIRES ing for purposes of determining the applica- (B) TREATMENT OF EMPLOYEES OF POST-SEC- Sec. 401. Surtax on millionaires. ble percentage under sections 3201(a) and ONDARY EDUCATIONAL INSTITUTIONS.—Not- SEC. 2. REFERENCES. 3211(a) of such Code), and withstanding paragraph (A), the term ‘‘quali- Except as expressly provided otherwise, (2) with respect to remuneration paid dur- fied employer’’ includes any employer which any reference to ‘‘this Act’’ contained in any ing the payroll tax holiday period, the rate is a public institution of higher education (as

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.021 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6190 CONGRESSIONAL RECORD — SENATE October 5, 2011 defined in section 101 of the Higher Edu- shall be deemed to be 80 percent of the ternal Revenue Code is amended by striking cation Act of 1965). amount of wages taken into account for 2012. ‘‘PRE–2012 PERIODS’’ and inserting ‘‘PRE– (3) AGGREGATION RULES.—For purposes of (4) This subsection (a) shall only apply 2013 PERIODS’’. this subsection rules similar to sections with respect to the wages of employees per- SEC. 112. SURETY BONDS. 414(b), 414(c), 414(m) and 414(o) shall apply to forming services in a trade or business of a (a) MAXIMUM BOND AMOUNT.—Section determine when multiple entities shall be qualified employer or, in the case of a quali- 411(a)(1) of the Small Business Investment treated as a single employer, and rules with fied employer exempt from tax under section Act of 1958 (15 U.S.C. 694b(a)(1)) is amended respect to predecessor and successor employ- 501(a) of the Internal Revenue Code of 1986, by striking ‘‘$2,000,000’’ and inserting ers may be applied, in such manner as may in furtherance of the activities related to the ‘‘$5,000,000’’. be prescribed by the Secretary. purpose or function constituting the basis of (b) DENIAL OF LIABILITY.—Section 411(e)(2) (e) TRANSFERS OF FUNDS.— the employer’s exemption under section 501. of the Small Business Investment Act of 1958 (1) TRANSFERS TO FEDERAL OLD-AGE AND (b) QUALIFIED EMPLOYERS.—For purposes of (15 U.S.C. 694b(e)(2)) is amended by striking SURVIVORS INSURANCE TRUST FUND.—There this section— ‘‘$2,000,000’’ and inserting ‘‘$5,000,000’’. are hereby appropriated to the Federal Old- (1) IN GENERAL.—The term ‘‘qualified em- (c) SUNSET.—The amendments made by Age and Survivors Trust Fund and the Fed- ployer’’ means any employer other than the subsections (a) and (b) of this section shall eral Disability Insurance Trust Fund estab- United States, any State or possession of the remain in effect until September 30, 2012. lished under section 201 of the Social Secu- United States, or any political subdivision (d) FUNDING.—There is appropriated out of rity Act (42 U.S.C. 401) amounts equal to the thereof, or any instrumentality of the fore- any money in the Treasury not otherwise ap- reduction in revenues to the Treasury by going. propriated, $3,000,000, to remain available reason of the application of subsections (a) (2) TREATMENT OF EMPLOYEES OF POST-SEC- until expended, for additional capital for the and (b) to employers other than those de- ONDARY EDUCATIONAL INSTITUTIONS.—Not- Surety Bond Guarantees Revolving Fund, as scribed in (e)(2). Amounts appropriated by withstanding subparagraph (1), the term authorized by the Small Business Invest- the preceding sentence shall be transferred ‘‘qualified employer’’ includes any employer ment Act of 1958, as amended. from the general fund at such times and in which is a public institution of higher edu- SEC. 113. DELAY IN APPLICATION OF WITH- such manner as to replicate to the extent cation (as defined in section 101 of the Higher HOLDING ON GOVERNMENT CON- possible the transfers which would have oc- Education Act of 1965). TRACTORS. curred to such Trust Fund had such amend- (c) AGGREGATION RULES.—For purposes of Subsection (b) of section 511 of the Tax In- ments not been enacted. this subsection rules similar to sections crease Prevention and Reconciliation Act of (2) TRANSFERS TO SOCIAL SECURITY EQUIVA- 414(b), 414(c), 414(m) and 414(o) of the Internal 2005 is amended by striking ‘‘December 31, LENT BENEFIT ACCOUNT.—There are hereby Revenue Code of 1986 shall apply to deter- 2011’’ and inserting ‘‘December 31, 2013’’. appropriated to the Social Security Equiva- mine when multiple entities shall be treated TITLE II—PUTTING WORKERS BACK ON lent Benefit Account established under sec- as a single employer, and rules with respect THE JOB WHILE REBUILDING AND MOD- tion 15A(a) of the Railroad Retirement Act to predecessor and successor employers may ERNIZING AMERICA of 1974 (45 U.S.C. 231n–1(a)) amounts equal to be applied, in such manner as may be pre- the reduction in revenues to the Treasury by scribed by the Secretary. Subtitle A—Veterans Hiring Preferences reason of the application of subsection (a) to (d) APPLICATION OF CREDITS.—The payroll SEC. 201. RETURNING HEROES AND WOUNDED employers subject to the Railroad Retire- increase credit shall be treated as a credit al- WARRIORS WORK OPPORTUNITY ment Tax. Amounts appropriated by the pre- lowable under Subtitle C of the Internal Rev- TAX CREDITS. ceding sentence shall be transferred from the enue Code of 1986 under rules prescribed by (a) IN GENERAL.—Paragraph (3) of section general fund at such times and in such man- the Secretary of the Treasury, provided that 51(b) of the Internal Revenue Code is amend- ner as to replicate to the extent possible the the amount so treated for the period de- ed by striking ‘‘($12,000 per year in the case transfers which would have occurred to such scribed in subsection (a)(1) or subsection of any individual who is a qualified veteran Account had such amendments not been en- (a)(2) shall not exceed the amount of tax im- by reason of subsection (d)(3)(A)(ii))’’ and in- acted. posed on the qualified employer under sec- serting ‘‘($12,000 per year in the case of any (f) COORDINATION WITH OTHER FEDERAL tion 3111(a) of such Code for the relevant pe- individual who is a qualified veteran by rea- LAWS.—For purposes of applying any provi- riod. Any income tax deduction by a quali- son of subsection (d)(3)(A)(ii)(I), $14,000 per sion of Federal law other than the provisions fied employer for amounts paid under sec- year in the case of any individual who is a of the Internal Revenue Code of 1986, the rate tion 3111(a) of such Code or similar Railroad qualified veteran by reason of subsection of tax in effect under section 3101(a) of such Retirement Tax provisions shall be reduced (d)(3)(A)(iv), and $24,000 per year in the case Code shall be determined without regard to by the amounts so credited. of any individual who is a qualified veteran the reduction in such rate under this section. (e) TRANSFERS TO FEDERAL OLD-AGE AND by reason of subsection (d)(3)(A)(ii)(II))’’. SEC. 102. TEMPORARY TAX CREDIT FOR IN- SURVIVORS INSURANCE TRUST FUND.—There (b) RETURNING HEROES TAX CREDITS.—Sec- CREASED PAYROLL. are hereby appropriated to the Federal Old- tion 51(d)(3)(A) of the Internal Revenue Code (a) IN GENERAL.—Notwithstanding any Age and Survivors Trust Fund and the Fed- is amended by striking ‘‘or’’ at the end of other provision of law, each qualified em- eral Disability Insurance Trust Fund estab- paragraph (3)(A)(i), and inserting the fol- ployer shall be allowed, with respect to lished under section 201 of the Social Secu- lowing new paragraphs after paragraph (ii)— wages for services performed for such quali- rity Act (42 U.S.C. 401) amounts equal to the ‘‘(iii) having aggregate periods of unem- fied employer, a payroll increase credit de- reduction in revenues to the Treasury by ployment during the 1-year period ending on termined as follows: reason of the amendments made by sub- the hiring date which equal or exceed 4 (1) With respect to the period from October section (d). Amounts appropriated by the weeks (but less than 6 months), or 1, 2011 through December 31, 2011, 6.2 percent preceding sentence shall be transferred from ‘‘(iv) having aggregate periods of unem- of the excess, if any, (but not more than $12.5 the general fund at such times and in such ployment during the 1-year period ending on million of the excess) of the wages subject to manner as to replicate to the extent possible the hiring date which equal or exceed 6 tax under section 3111(a) of the Internal Rev- the transfers which would have occurred to months.’’. enue Code of 1986 for such period over such such Trust Fund had such amendments not (c) SIMPLIFIED CERTIFICATION.—Section wages for the corresponding period of 2010. been enacted. 51(d) of the Internal Revenue Code is amend- (2) With respect to the period from Janu- (f) APPLICATION TO RAILROAD RETIREMENT ed by adding a new paragraph 15 as follows— ary 1, 2012 through December 31, 2012, TAXES.—For purposes of qualified employers ‘‘(15) CREDIT ALLOWED FOR UNEMPLOYED (A) 6.2 percent of the excess, if any, (but that are employers under section 3231(a) of VETERANS.— not more than $50 million of the excess) of the Internal Revenue Code of 1986, sub- ‘‘(A) IN GENERAL.—Any qualified veteran the wages subject to tax under section sections (a)(1) and (a)(2) of this section shall under paragraphs (3)(A)(ii)(II), (3)(A)(iii), and 3111(a) of the Internal Revenue Code of 1986 apply by substituting section 3221 for section (3)(A)(iv) will be treated as certified by the for such period over such wages for calendar 3111, and substituting the term ‘‘compensa- designated local agency as having aggregate year 2011, minus tion’’ for ‘‘wages’’ as appropriate. periods of unemployment if— (B) 3.1 percent of the result (but not less Subtitle B—Other Relief for Businesses ‘‘(i) in the case of qualified veterans under than zero) of subtracting from $5 million SEC. 111. EXTENSION OF TEMPORARY 100 PER- paragraphs (3)(A)(ii)(II) and (3)(A)(iv), the such wages for calendar year 2011. CENT BONUS DEPRECIATION FOR veteran is certified by the designated local (3) In the case of a qualified employer for CERTAIN BUSINESS ASSETS. agency as being in receipt of unemployment which the wages subject to tax under section (a) IN GENERAL.—Paragraph (5) of section compensation under State or Federal law for 3111(a) of the Internal Revenue Code of 1986 168(k) of the Internal Revenue Code is not less than 6 months during the 1-year pe- (a) were zero for the corresponding period of amended— riod ending on the hiring date; or 2010 referred to in subsection (a)(1), the (1) by striking ‘‘January 1, 2012’’ each place ‘‘(ii) in the case of a qualified veteran amount of such wages shall be deemed to be it appears and inserting ‘‘January 1, 2013’’, under paragraph (3)(A)(iii), the veteran is 80 percent of the amount of wages taken into and certified by the designated local agency as account for the period from October 1, 2011 (2) by striking ‘‘January 1, 2013’’ and in- being in receipt of unemployment compensa- through December 31, 2011 and (b) were zero serting ‘‘January 1, 2014’’. tion under State or Federal law for not less for the calendar year 2011 referred to in sub- (b) CONFORMING AMENDMENT.—The heading than 4 weeks (but less than 6 months) during section (a)(2), then the amount of such wages for paragraph (5) of section 168(k) of the In- the 1-year period ending on the hiring date.

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‘‘(B) REGULATORY AUTHORITY.—The Sec- United States by reason of this section for that State to be distributed to another enti- retary in his discretion may provide alter- such taxable year, or ty or other entities in the State for the sup- native methods for certification.’’. (B) who is eligible for a payment under a port of early childhood, elementary, and sec- (d) CREDIT MADE AVAILABLE TO TAX-EX- plan described in paragraph (1)(B) with re- ondary education, under such terms and con- EMPT EMPLOYERS IN CERTAIN CIR- spect to such taxable year. ditions as the Secretary may establish. CUMSTANCES.—Section 52(c) of the Internal (3) DEFINITIONS AND SPECIAL RULES.— (2) MAINTENANCE OF EFFORT.— Revenue Code is amended— (A) POSSESSION OF THE UNITED STATES.—For (A) GOVERNOR ASSURANCE.—The Secretary (1) by striking the word ‘‘No’’ at the begin- purposes of this subsection (e), the term shall not allocate funds under paragraph (1) ning of the section and replacing it with ‘‘possession of the United States’’ includes unless the Governor of the State provides an ‘‘Except as provided in this subsection, no’’; American Samoa, the Commonwealth of the assurance to the Secretary that the State (2) the following new paragraphs are in- Northern Mariana Islands, the Common- will for fiscal years 2012 and 2013 meet the re- serted at the end of section 52(c)— wealth of Puerto Rico, Guam, and the United quirements of section 209. ‘‘(1) IN GENERAL.—In the case of a tax-ex- States Virgin Islands. (B) Notwithstanding subparagraph (A), the empt employer, there shall be treated as a (B) MIRROR CODE TAX SYSTEM.—For pur- Secretary may allocate up to 50 percent of credit allowable under subpart C (and not al- poses of this subsection, the term ‘‘mirror the funds that are available to the State lowable under subpart D) the lesser of— code tax system’’ means, with respect to any under paragraph (1) to another entity or en- ‘‘(A) the amount of the work opportunity possession of the United States, the income tities in the State, provided that the State credit determined under this subpart with tax system of such possession if the income educational agency submits data to the Sec- respect to such employer that is related to tax liability of the residents of such posses- retary demonstrating that the State will for the hiring of qualified veterans described in sion under such system is determined by ref- fiscal year 2012 meet the requirements of sec- sections 51(d)(3)(A)(ii)(II), (iii) or (iv); or erence to the income tax laws of the United tion 209(a) or the Secretary otherwise deter- ‘‘(B) the amount of the payroll taxes of the States as if such possession were the United mines that the State will meet those re- employer during the calendar year in which States. quirements, or such comparable require- the taxable year begins. (C) TREATMENT OF PAYMENTS.—For pur- ments as the Secretary may establish, for ‘‘(2) CREDIT AMOUNT.—In calculating for poses of section 1324(b)(2) of title 31, United that year. tax-exempt employers, the work opportunity States Code, rules similar to the rules of sec- (3) REQUIREMENTS.—An entity that receives credit shall be determined by substituting ‘26 tion 1001(b)(3)(C) of the American Recovery funds under paragraph (1) shall use those percent’ for ‘40 percent’ in section 51(a) and and Reinvestment Tax Act of 2009 shall funds in accordance with the requirements of by substituting ‘16.25 percent’ for ‘25 percent’ apply. this subtitle. in section 51(i)(3)(A). (f) EFFECTIVE DATE.—The amendment (d) REALLOCATION.—If a State does not re- ‘‘(3) TAX-EXEMPT EMPLOYER.—For purposes made by this section shall apply to individ- ceive funding under this subtitle or only re- of this subpart, the term ‘tax-exempt em- uals who begin work for the employer after ceives a portion of its allocation under sub- ployer’ means an employer that is— the date of the enactment of this Act. section (c), the Secretary shall reallocate ‘‘(i) an organization described in section the State’s entire allocation or the remain- 501(c) and exempt from taxation under sec- Subtitle B—Teacher Stabilization ing portion of its allocation, as the case may tion 501(a), or SEC. 202. PURPOSE. be, to the remaining States in accordance ‘‘(ii) a public higher education institution The purpose of this subtitle is to provide (as defined in section 101 of the Higher Edu- funds to States to prevent teacher layoffs with subsection (a). cation Act of 1965). and support the creation of additional jobs in SEC. 205. STATE APPLICATION. ‘‘(4) PAYROLL TAXES.—For purposes of this public early childhood, elementary, and sec- The Governor of a State desiring to receive subsection— ondary education in the 2011–2012 and 2012– a grant under this subtitle shall submit an ‘‘(A) IN GENERAL.—The term ‘payroll taxes’ 2013 school years. application to the Secretary within 30 days means— SEC. 203. GRANTS FOR THE OUTLYING AREAS of the date of enactment of this Act, in such ‘‘(i) amounts required to be withheld from AND THE SECRETARY OF THE INTE- manner, and containing such information as the employees of the tax-exempt employer RIOR; AVAILABILITY OF FUNDS. the Secretary may reasonably require to de- under section 3401(a), (a) RESERVATION OF FUNDS.—From the termine the State’s compliance with applica- ‘‘(ii) amounts required to be withheld from amount appropriated to carry out this sub- ble provisions of law. such employees under section 3101(a), and title under section 212, the Secretary— SEC. 206. STATE RESERVATION AND RESPON- ‘‘(iii) amounts of the taxes imposed on the (1) shall reserve up to one-half of one per- SIBILITIES. tax-exempt employer under section 3111(a).’’. cent to provide assistance to the outlying (a) RESERVATION.—Each State receiving a (e) TREATMENT OF POSSESSIONS.— areas on the basis of their respective needs, grant under section 204(b) may reserve— (1) PAYMENTS TO POSSESSIONS.— as determined by the Secretary, for activi- (1) not more than 10 percent of the grant (A) MIRROR CODE POSSESSIONS.—The Sec- ties consistent with this part under such funds for awards to State-funded early learn- retary of the Treasury shall pay to each pos- terms and conditions as the Secretary may ing programs; and session of the United States with a mirror determine; (2) not more than 2 percent of the grant code tax system amounts equal to the loss to (2) shall reserve up to one-half of one per- funds for the administrative costs of car- that possession by reason of the application cent to provide assistance to the Secretary rying out its responsibilities under this sub- of this section (other than this subsection). of the Interior to carry out activities con- title. Such amounts shall be determined by the sistent with this part, in schools operated or (b) STATE RESPONSIBILITIES.—Each State Secretary of the Treasury based on informa- funded by the Bureau of Indian Education; receiving a grant under this subtitle shall, tion provided by the government of the re- and after reserving any funds under subsection spective possession of the United States. (3) may reserve up to $2,000,000 for adminis- (a)— (B) OTHER POSSESSIONS.—The Secretary of tration and oversight of this part, including (1) use the remaining grant funds only for the Treasury shall pay to each possession of program evaluation. awards to local educational agencies for the the United States, which does not have a (b) AVAILABILITY OF FUNDS.—Funds made support of early childhood, elementary, and mirror code tax system, amounts estimated available under section 212 shall remain secondary education; and by the Secretary of the Treasury as being available to the Secretary until September (2) distribute those funds, through sub- equal to the aggregate credits that would 30, 2012. grants, to its local educational agencies by have been provided by the possession by rea- SEC. 204. STATE ALLOCATION. distributing— son of the application of this section (other (a) ALLOCATION.—After reserving funds (A) 60 percent on the basis of the local edu- than this subsection) if a mirror code tax under section 203(a), the Secretary shall allo- cational agencies’ relative shares of enroll- system had been in effect in such possession. cate to the States— ment; and The preceding sentence shall not apply with (1) 60 percent on the basis of their relative (B) 40 percent on the basis of the local edu- respect to any possession of the United population of individuals aged 5 through 17; cational agencies’ relative shares of funds re- States unless such possession has a plan, and ceived under part A of title I of the Elemen- which has been approved by the Secretary of (2) 40 percent on the basis of their relative tary and Secondary Education Act of 1965 for the Treasury, under which such possession total population. fiscal year 2011; and will promptly distribute such payments. (b) AWARDS.—From the funds allocated (3) make those funds available to local edu- (2) COORDINATION WITH CREDIT ALLOWED under subsection (a), the Secretary shall cational agencies no later than 100 days after AGAINST UNITED STATES INCOME TAXES.—No make a grant to the Governor of each State receiving a grant from the Secretary. increase in the credit determined under sec- who submits an approvable application under (c) PROHIBITIONS.—A State shall not use tion 38(b) of the Internal Revenue Code of section 214. funds received under this subtitle to directly 1986 that is attributable to the credit pro- (c) ALTERNATE DISTRIBUTION OF FUNDS.— or indirectly— vided by this section (other than this sub- (1) If, within 30 days after the date of en- (1) establish, restore, or supplement a section (e)) shall be taken into account with actment of this Act, a Governor has not sub- rainy-day fund; respect to any person— mitted an approvable application to the Sec- (2) supplant State funds in a manner that (A) to whom a credit is allowed against retary, the Secretary shall, consistent with has the effect of establishing, restoring, or taxes imposed by the possession of the paragraph (2), provide for funds allocated to supplementing a rainy-day fund;

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.021 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6192 CONGRESSIONAL RECORD — SENATE October 5, 2011 (3) reduce or retire debt obligations in- (1) exceptional or uncontrollable cir- the Attorney General, and not to exceed curred by the State; or cumstances, such as a natural disaster; or $2,000,000 shall be for administrative costs of (4) supplant State funds in a manner that (2) a precipitous decline in the financial re- the Secretary of Homeland Security. has the effect of reducing or retiring debt ob- sources of the State. Subtitle D—School Modernization ligations incurred by the State. SEC. 210. REPORTING. PART I—ELEMENTARY AND SECONDARY SEC. 207. LOCAL EDUCATIONAL AGENCIES. Each State that receives a grant under this SCHOOLS Each local educational agency that re- subtitle shall submit, on an annual basis, a SEC. 221. PURPOSE. ceives a subgrant under this subtitle— report to the Secretary that contains— The purpose of this part is to provide as- (1) shall use the subgrant funds only for (1) a description of how funds received sistance for the modernization, renovation, compensation and benefits and other ex- under this part were expended or obligated; and repair of elementary and secondary penses, such as support services, necessary and school buildings in public school districts to retain existing employees, recall or rehire (2) an estimate of the number of jobs sup- across America in order to support the former employees, or hire new employees to ported by the State using funds received achievement of improved educational out- provide early childhood, elementary, or sec- under this subtitle. comes in those schools. ondary educational and related services; SEC. 211. DEFINITIONS. SEC. 222. AUTHORIZATION OF APPROPRIATIONS. (2) shall obligate those funds no later than (a) Except as otherwise provided, the terms There are authorized to be appropriated, September 30, 2013; and ‘‘local educational agency’’, ‘‘outlying area’’, and there are appropriated, $25,000,000,000 to (3) may not use those funds for general ad- ‘‘Secretary’’, ‘‘State’’, and ‘‘State edu- carry out this part, which shall be available ministrative expenses or for other support cational agency’’ have the meanings given for obligation by the Secretary until Sep- services or expenditures, as those terms are those terms in section 9101 of the Elemen- tember 30, 2012. defined by the National Center for Education tary and Secondary Education Act of 1965 (20 SEC. 223. ALLOCATION OF FUNDS. Statistics in the Common Core of Data, as of U.S.C. 7801). (a) RESERVATIONS.—Of the amount made the date of enactment of this Act. (b) The term ‘‘State’’ does not include an available to carry out this part, the Sec- SEC. 208. EARLY LEARNING. outlying area. retary shall reserve— Each State-funded early learning program (c) The term ‘‘early childhood educator’’ (1) one-half of one percent for the Sec- that receives funds under this subtitle means an individual who— retary of the Interior to carry out mod- shall— (1) works directly with children in a State- ernization, renovation, and repair activities (1) use those funds only for compensation, funded early learning program in a low-in- described in section 226 in schools operated benefits, and other expenses, such as support come community; or funded by the Bureau of Indian Education; services, necessary to retain early childhood (2) is involved directly in the care, develop- (2) one-half of one percent to make grants educators, recall or rehire former early ment, and education of infants, toddlers, or to the outlying areas for modernization, ren- childhood educators, or hire new early child- young children age five and under; and ovation, and repair activities described in hood educators to provide early learning (3) has completed a baccalaureate or ad- section 226; and services; and vanced degree in early childhood develop- (3) such funds as the Secretary determines (2) obligate those funds no later than Sep- ment or early childhood education, or in a are needed to conduct a survey, by the Na- tember 30, 2013. field related to early childhood education. tional Center for Education Statistics, of the SEC. 209. MAINTENANCE OF EFFORT. (d) The term ‘‘State-funded early learning school construction, modernization, renova- (a) The Secretary shall not allocate funds program’’ means a program that provides tion, and repair needs of the public schools of to a State under this subtitle unless the educational services to children from birth the United States. State provides an assurance to the Secretary to kindergarten entry and receives funding (b) STATE ALLOCATION.—After reserving that— from the State. funds under subsection (a), the Secretary shall allocate the remaining amount among (1) for State fiscal year 2012— SEC. 212. AUTHORIZATION OF APPROPRIATIONS. the States in proportion to their respective (A) the State will maintain State support There are authorized to be appropriated, allocations under part A of title I of the Ele- for early childhood, elementary, and sec- and there are appropriated, $30,000,000,000 to mentary and Secondary Education Act ondary education (in the aggregate or on the carry out this subtitle for fiscal year 2012. (ESEA) (20 U.S.C. 6311 et seq.) for fiscal year basis of expenditure per pupil) and for public Subtitle C—First Responder Stabilization 2011, except that— institutions of higher education (not includ- SEC. 213. PURPOSE. (1) the Secretary shall allocate 40 percent ing support for capital projects or for re- of such remaining amount to the 100 local search and development or tuition and fees The purpose of this subtitle is to provide funds to States and localities to prevent lay- educational agencies with the largest num- paid by students) at not less than the level of bers of children aged 5–17 living in poverty, such support for each of the two categories offs of, and support the creation of addi- tional jobs for, law enforcement officers and as determined using the most recent data for State fiscal year 2011; or available from the Department of Commerce (B) the State will maintain State support other first responders. SEC. 214. GRANT PROGRAM. that are satisfactory to the Secretary, in for early childhood, elementary, and sec- proportion to those agencies’ respective allo- ondary education and for public institutions The Attorney General shall carry out a competitive grant program pursuant to sec- cations under part A of title I of the ESEA of higher education (not including support for fiscal year 2011; and tion 1701 of title I of the Omnibus Crime Con- for capital projects or for research and devel- (2) the allocation to any State shall be re- trol and Safe Streets Act of 1968 (42 U.S.C. opment or tuition and fees paid by students) duced by the aggregate amount of the alloca- 3796dd) for hiring, rehiring, or retention of at a percentage of the total revenues avail- tions under paragraph (1) to local edu- career law enforcement officers under part Q able to the State that is equal to or greater cational agencies in that State. of such title. Grants awarded under this sec- than the percentage provided for State fiscal (c) REMAINING ALLOCATION.— year 2011; and tion shall not be subject to subsections (g) or (1) If a State does not apply for its alloca- (2) for State fiscal year 2013— (i) of section 1701 or to section 1704 of such tion (or applies for less than the full alloca- (A) the State will maintain State support Act (42 U.S.C. 3796dd–3(c)). tion for which it is eligible) or does not use for early childhood, elementary, and sec- SEC. 215. APPROPRIATIONS. that allocation in a timely manner, the Sec- ondary education (in the aggregate or on the There are hereby appropriated to the Com- retary may— basis of expenditure per pupil) and for public munity Oriented Policing Stabilization Fund (A) reallocate all or a portion of that allo- institutions of higher education (not includ- out of any money in the Treasury not other- cation to the other States in accordance ing support for capital projects or for re- wise obligated, $5,000,000,000, to remain avail- with subsection (b); or search and development or tuition and fees able until September 30, 2012, of which (B) use all or a portion of that allocation paid by students) at not less than the level of $4,000,000,000 shall be for the Attorney Gen- to make direct allocations to local edu- such support for each of the two categories eral to carry out the competitive grant pro- cational agencies within the State based on for State fiscal year 2012; or gram under Section 214; and of which their respective allocations under part A of (B) the State will maintain State support $1,000,000,000 shall be transferred by the At- title I of the ESEA for fiscal year 2011 or for early childhood, elementary, and sec- torney General to a First Responder Sta- such other method as the Secretary may de- ondary education and for public institutions bilization Fund from which the Secretary of termine. of higher education (not including support Homeland Security shall make competitive (2) If a local educational agency does not for capital projects or for research and devel- grants for hiring, rehiring, or retention pur- apply for its allocation under subsection opment or tuition and fees paid by students) suant to the Federal Fire Prevention and (b)(1), applies for less than the full allocation at a percentage of the total revenues avail- Control Act of 1974 (15 U.S.C. 2201 et seq.), to for which it is eligible, or does not use that able to the State that is equal to or greater carry out section 34 of such Act (15 U.S.C. allocation in a timely manner, the Secretary than the percentage provided for State fiscal 2229a). In making such grants, the Secretary may reallocate all or a portion of its alloca- year 2012. may grant waivers from the requirements in tion to the State in which that agency is lo- (b) WAIVER.—The Secretary may waive the subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), cated. requirements of this section if the Secretary (c)(1), (c)(2), and (c)(4)(A) of section 34. Of the SEC. 224. STATE USE OF FUNDS. determines that a waiver would be equitable amounts appropriated herein, not to exceed (a) RESERVATION.—Each State that re- due to— $8,000,000 shall be for administrative costs of ceives a grant under this part may reserve

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.021 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6193 not more than one percent of the State’s al- (iv) Green Globes; or (3) expenditures for services provided using location under section 223(b) for the purpose (v) an equivalent program adopted by the funds made available under section 226 shall of administering the grant, except that no State or another jurisdiction with authority be considered equal for purposes of section State may reserve more than $750,000 for this over the local educational agency; 9501(a)(4) of the ESEA if the per-pupil ex- purpose. (G) a description of the steps that the penditures for services described in para- (b) FUNDS TO LOCAL EDUCATIONAL AGEN- State will take to ensure that local edu- graph (2) for students enrolled in private CIES.— cational agencies receiving subgrants will nonprofit elementary and secondary schools (1) FORMULA SUBGRANTS.—From the grant adequately maintain any facilities that are that have child-poverty rates of at least 40 funds that are not reserved under subsection modernized, renovated, or repaired with percent are consistent with the per-pupil ex- (a), a State shall allocate at least 50 percent subgrant funds under this part; and penditures under this subpart for children to local educational agencies, including (H) such additional information and assur- enrolled in the public schools of the local charter schools that are local educational ances as the Secretary may require. educational agency receiving funds under agencies, that did not receive funds under (b) LOCAL APPLICATION.—A local edu- this subpart. section 223(b)(1) from the Secretary, in ac- cational agency that is eligible under section (b) REMAINING FUNDS.—If the expenditure cordance with their respective allocations 223(b)(1) that desires to receive a grant under for services described in paragraph (2) is less under part A of title I of the ESEA for fiscal this part shall submit an application to the than the amount calculated under paragraph year 2011, except that no such local edu- Secretary at such time, in such manner, and (3) because of insufficient need for those cational agency shall receive less than containing such information and assurances services, the remainder shall be available to $10,000. as the Secretary may require, which shall in- the local educational agency for moderniza- (2) ADDITIONAL SUBGRANTS.—The State clude— tion, renovation, and repair of its school fa- shall use any funds remaining, after reserv- (1) a description of how the local edu- cilities. ing funds under subsection (a) and allocating cational agency will meet the deadlines and (c) APPLICATION.—If any provision of this funds under paragraph (1), for subgrants to requirements of this part; section, or the application thereof, to any local educational agencies that did not re- (2) a description of the steps that the local person or circumstance is judicially deter- mined to be invalid, the remainder of the ceive funds under section 223(b)(1), including educational agency will take to adequately section and the application to other persons charter schools that are local educational maintain any facilities that are modernized, or circumstances shall not be affected there- agencies, to support modernization, renova- renovated, or repaired with funds under this by. tion, and repair projects that the State de- part; and termines, using objective criteria, are most (3) such additional information and assur- SEC. 228. ADDITIONAL PROVISIONS. needed in the State, with priority given to ances as the Secretary may require. (a) Funds appropriated under section 222 shall be available for obligation by local edu- projects in rural local educational agencies. SEC. 226. USE OF FUNDS. cational agencies receiving grants from the (c) REMAINING FUNDS.—If a local edu- (a) IN GENERAL.—Funds awarded to local Secretary under section 223(b)(1), by States cational agency does not apply for an alloca- educational agencies under this part shall be reserving funds under section 224(a), and by tion under subsection (b)(1), applies for less used only for either or both of the following local educational agencies receiving sub- than its full allocation, or fails to use that modernization, renovation, or repair activi- grants under section 224(b)(1) only during the allocation in a timely manner, the State ties in facilities that are used for elementary period that ends 24 months after the date of may reallocate any unused portion to other or secondary education or for early learning programs: enactment of this Act. local educational agencies in accordance (b) Funds appropriated under section 222 with subsection (b). (1) Direct payments for school moderniza- tion, renovation, and repair. shall be available for obligation by local edu- SEC. 225. STATE AND LOCAL APPLICATIONS. (2) To pay interest on bonds or payments cational agencies receiving subgrants under (a) STATE APPLICATION.—A State that de- for other financing instruments that are section 224(b)(2) only during the period that sires to receive a grant under this part shall newly issued for the purpose of financing ends 36 months after the date of enactment submit an application to the Secretary at school modernization, renovation, and re- of this Act. such time, in such manner, and containing pair. (c) Section 439 of the General Education such information and assurances as the Sec- (b) SUPPLEMENT, NOT SUPPLANT.—Funds Provisions Act (20 U.S.C. 1232b) shall apply retary may require, which shall include— made available under this part shall be used to funds available under this part. (1) an identification of the State agency or to supplement, and not supplant, other Fed- (d) For purposes of section 223(b)(1), Ha- entity that will administer the program; and eral, State, and local funds that would other- waii, the District of Columbia, and the Com- (2) the State’s process for determining how wise be expended to modernize, renovate, or monwealth of Puerto Rico are not local edu- the grant funds will be distributed and ad- repair eligible school facilities. cational agencies. ministered, including— (c) PROHIBITION.—Funds awarded to local PART II—COMMUNITY COLLEGE (A) how the State will determine the cri- educational agencies under this part may MODERNIZATION teria and priorities in making subgrants not be used for— SEC. 229. FEDERAL ASSISTANCE FOR COMMU- under section 224(b)(2); (1) new construction; NITY COLLEGE MODERNIZATION. (B) any additional criteria the State will (2) payment of routine maintenance costs; (a) IN GENERAL.— use in determining which projects it will or (1) GRANT PROGRAM.—From the amounts fund under that section; (3) modernization, renovation, or repair of made available under subsection (h), the Sec- (C) a description of how the State will con- stadiums or other facilities primarily used retary shall award grants to States to mod- sider— for athletic contests or exhibitions or other ernize, renovate, or repair existing facilities (i) the needs of local educational agencies events for which admission is charged to the at community colleges. for assistance under this part; general public. (2) ALLOCATION.— (ii) the impact of potential projects on job SEC. 227. PRIVATE SCHOOLS. (A) RESERVATIONS.—Of the amount made creation in the State; (a) IN GENERAL.—Section 9501 of the ESEA available to carry out this section, the Sec- (iii) the fiscal capacity of local educational (20 U.S.C. 7881) shall apply to this part in the retary shall reserve— agencies applying for assistance; same manner as it applies to activities under (i) up to 0.25 percent for grants to institu- (iv) the percentage of children in those that Act, except that— tions that are eligible under section 316 of local educational agencies who are from low- (1) section 9501 shall not apply with respect the Higher Education Act of 1965 (20 U.S.C. income families; and to the title to any real property modernized, 1059c) to provide for modernization, renova- (v) the potential for leveraging assistance renovated, or repaired with assistance pro- tion, and repair activities described in this provided by this program through matching vided under this section; section; and or other financing mechanisms; (2) the term ‘‘services’’, as used in section (ii) up to 0.25 percent for grants to the out- (D) a description of how the State will en- 9501 with respect to funds under this part, lying areas to provide for modernization, sure that the local educational agencies re- shall be provided only to private, nonprofit renovation, and repair activities described in ceiving subgrants meet the requirements of elementary or secondary schools with a rate this section. this part; of child poverty of at least 40 percent and (B) ALLOCATION.—After reserving funds (E) a description of how the State will en- may include only— under subparagraph (A), the Secretary shall sure that the State and its local educational (A) modifications of school facilities nec- allocate to each State that has an applica- agencies meet the deadlines established in essary to meet the standards applicable to tion approved by the Secretary an amount section 228; public schools under the Americans with Dis- that bears the same relation to any remain- (F) a description of how the State will give abilities Act of 1990 (42 U.S.C. 12101 et seq.); ing funds as the total number of students in priority to the use of green practices that (B) modifications of school facilities nec- such State who are enrolled in institutions are certified, verified, or consistent with any essary to meet the standards applicable to described in section 230(b)(1)(A) plus the applicable provisions of— public schools under section 504 of the Reha- number of students who are estimated to be (i) the LEED Green Building Rating Sys- bilitation Act of 1973 (29 U.S.C. 794); and enrolled in and pursuing a degree or certifi- tem; (C) asbestos or polychlorinated biphenyls cate that is not a bachelor’s, master’s, pro- (ii) Energy Star; abatement or removal from school facilities; fessional, or other advanced degree in insti- (iii) the CHPS Criteria; and tutions described in section 230(b)(1)(B),

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based on the proportion of degrees or certifi- (5) an equivalent program adopted by the (6) MODERNIZATION, RENOVATION, AND RE- cates awarded by such institutions that are State or the State higher education agency PAIR.—The term ‘‘modernization, renovation not bachelor’s, master’s, professional, or that includes a verifiable method to dem- and repair’’ means— other advanced degrees, as reported to the onstrate compliance with such program. (A) comprehensive assessments of facilities Integrated Postsecondary Data System bears (e) APPLICATION OF GEPA.—Section 439 of to identify— to the estimated total number of such stu- the General Education Provisions Act such (i) facility conditions or deficiencies that dents in all States, except that no State Act (20 U.S.C. 1232b) shall apply to funds could adversely affect student and staff shall receive less than $2,500,000. available under this subtitle. health, safety, performance, or productivity (C) REALLOCATION.—Amounts not allocated (f) REPORTS BY THE STATES.—Each State or energy, water, or materials efficiency; and under this section to a State because the that receives a grant under this section (ii) needed facility improvements; State either did not submit an application shall, not later than September 30, 2012, and (B) repairing, replacing, or installing roofs under subsection (b), the State submitted an annually thereafter for each fiscal year in (which may be extensive, intensive, or semi- application that the Secretary determined which the State expends funds received intensive ‘‘green’’ roofs); electrical wiring; did not meet the requirements of such sub- under this section, submit to the Secretary a water supply and plumbing systems, sewage section, or the State cannot demonstrate to report that includes— systems, storm water runoff systems, light- the Secretary a sufficient demand for (1) a description of the projects for which ing systems (or components of such sys- projects to warrant the full allocation of the the grant was, or will be, used; tems); or building envelope, windows, ceil- funds, shall be proportionately reallocated (2) a description of the amount and nature ings, flooring, or doors, including security under this paragraph to the other States of the assistance provided to each commu- doors; that have a demonstrated need for, and are nity college under this section; and (C) repairing, replacing, or installing heat- receiving, allocations under this section. (3) the number of jobs created by the ing, ventilation, or air conditioning systems, (D) STATE ADMINISTRATION.—A State that projects funded under this section. or components of those systems (including receives a grant under this section may use (g) REPORT BY THE SECRETARY.—The Sec- insulation), including by conducting indoor not more than one percent of that grant to retary shall submit to the authorizing com- air quality assessments; administer it, except that no State may use mittees (as defined in section 103 of the High- (D) compliance with fire, health, seismic, more than $750,000 of its grant for this pur- er Education Act of 1965; 20 U.S.C. 1003) an and safety codes, including professional in- pose. annual report on the grants made under this stallation of fire and life safety alarms, and (3) SUPPLEMENT, NOT SUPPLANT.—Funds section, including the information described modernizations, renovations, and repairs made available under this section shall be in subsection (f). that ensure that facilities are prepared for used to supplement, and not supplant, other (h) AVAILABILITY OF FUNDS.— such emergencies as acts of terrorism, cam- Federal, State, and local funds that would (1) There are authorized to be appro- pus violence, and natural disasters, such as otherwise be expended to modernize, ren- priated, and there are appropriated, to carry improving building infrastructure to accom- ovate, or repair existing community college out this section (in addition to any other modate security measures and installing or facilities. amounts appropriated to carry out this sec- upgrading technology to ensure that a school or incident is able to respond to such emer- (b) APPLICATION.—A State that desires to tion and out of any money in the Treasury gencies; receive a grant under this section shall sub- not otherwise appropriated), $5,000,000,000 for (E) making modifications necessary to mit an application to the Secretary at such fiscal year 2012. make educational facilities accessible in time, in such manner, and containing such (2) Funds appropriated under this sub- compliance with the Americans with Disabil- information and assurances as the Secretary section shall be available for obligation by community colleges only during the period ities Act of 1990 (42 U.S.C. 12101 et seq.) and may require. Such application shall include section 504 of the Rehabilitation Act of 1973 a description of— that ends 36 months after the date of enact- ment of this Act. (29 U.S.C. 794), except that such modifica- (1) how the funds provided under this sec- tions shall not be the primary use of a grant tion will improve instruction at community PART III—GENERAL PROVISIONS or subgrant; colleges in the State and will improve the SEC. 230. DEFINITIONS. (F) abatement, removal, or interim con- ability of those colleges to educate and train (a) ESEA TERMS.—Except as otherwise pro- trols of asbestos, polychlorinated biphenyls, students to meet the workforce needs of em- vided, in this subtitle, the terms ‘‘local edu- mold, mildew, or lead-based hazards, includ- ployers in the State; and cational agency’’, ‘‘Secretary’’, and ‘‘State ing lead-based paint hazards; (2) the projected start of each project and educational agency’’ have the meanings (G) retrofitting necessary to increase en- the estimated number of persons to be em- given those terms in section 9101 of the Ele- ergy efficiency; ployed in the project. mentary and Secondary Education Act of (H) measures, such as selection and substi- (c) PROHIBITED USES OF FUNDS.— 1965 (20 U.S.C. 7801). tution of products and materials, and imple- (1) IN GENERAL.—No funds awarded under (b) ADDITIONAL DEFINITIONS.—The fol- mentation of improved maintenance and this section may be used for— lowing definitions apply to this title: operational procedures, such as ‘‘green (i) payment of routine maintenance costs; (1) COMMUNITY COLLEGE.—The term ‘‘com- cleaning’’ programs, to reduce or eliminate (ii) construction, modernization, renova- munity college’’ means— potential student or staff exposure to— tion, or repair of stadiums or other facilities (A) a junior or community college, as that (i) volatile organic compounds; primarily used for athletic contests or exhi- term is defined in section 312(f) of the Higher (ii) particles such as dust and pollens; or bitions or other events for which admission Education Act of 1965 (20 U.S.C. 1058(f)); or (iii) combustion gases; is charged to the general public; or (B) a four-year public institution of higher (I) modernization, renovation, or repair (iii) construction, modernization, renova- education (as defined in section 101 of the necessary to reduce the consumption of coal, tion, or repair of facilities— Higher Education Act of 1965 (20 U.S.C. 1001)) electricity, land, natural gas, oil, or water; (I) used for sectarian instruction, religious that awards a significant number of degrees (J) installation or upgrading of educational worship, or a school or department of divin- and certificates, as determined by the Sec- technology infrastructure; ity; or retary, that are not— (K) installation or upgrading of renewable (II) in which a substantial portion of the (i) bachelor’s degrees (or an equivalent); or energy generation and heating systems, in- functions of the facilities are subsumed in a (ii) master’s, professional, or other ad- cluding solar, photovoltaic, wind, biomass religious mission. vanced degrees. (including wood pellet and woody biomass), (2) FOUR-YEAR INSTITUTIONS.—No funds (2) CHPS CRITERIA.—The term ‘‘CHPS Cri- waste-to-energy, solar-thermal, and geo- awarded to a four-year public institution of teria’’ means the green building rating pro- thermal systems, and energy audits; higher education under this section may be gram developed by the Collaborative for (L) modernization, renovation, or repair used for any facility, service, or program of High Performance Schools. activities related to energy efficiency and re- the institution that is not available to stu- (3) ENERGY STAR.—The term ‘‘Energy Star’’ newable energy, and improvements to build- dents who are pursuing a degree or certifi- means the Energy Star program of the ing infrastructures to accommodate bicycle cate that is not a bachelor’s, master’s, pro- United States Department of Energy and the and pedestrian access; fessional, or other advanced degree. United States Environmental Protection (M) ground improvements, storm water (d) GREEN PROJECTS.—In providing assist- Agency. management, landscaping and environ- ance to community college projects under (4) GREEN GLOBES.—The term ‘‘Green mental clean-up when necessary; this section, the State shall consider the ex- Globes’’ means the Green Building Initiative (N) other modernization, renovation, or re- tent to which a community college’s project environmental design and rating system re- pair to— involves activities that are certified, ferred to as Green Globes. (i) improve teachers’ ability to teach and verified, or consistent with the applicable (5) LEED GREEN BUILDING RATING SYSTEM.— students’ ability to learn; provisions of— The term ‘‘LEED Green Building Rating Sys- (ii) ensure the health and safety of stu- (1) the LEED Green Building Rating Sys- tem’’ means the United States Green Build- dents and staff; or tem; ing Council Leadership in Energy and Envi- (iii) improve classroom, laboratory, and (2) Energy Star; ronmental Design green building rating vocational facilities in order to enhance the (3) the CHPS Criteria, as applicable; standard referred to as the LEED Green quality of science, technology, engineering, (4) Green Globes; or Building Rating System. and mathematics instruction; and

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.021 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6195 (O) required environmental remediation re- count of any project or activity carried out quired 180 days following the date of appor- lated to facilities modernization, renovation, with funds made available under this sub- tionment of funds provided by paragraph or repair activities described in subpara- section shall be, at the option of the recipi- (6)(A). graphs (A) through (L). ent, up to 100 percent of the total cost there- (9) PUERTO RICO AND TERRITORIAL HIGHWAY (7) OUTLYING AREA.—The term ‘‘outlying of. The amount made available under this PROGRAMS.—Of the funds provided under this area’’ means the U.S. Virgin Islands, Guam, subsection shall not be subject to any limita- subsection, $105,000,000 shall be set aside for American Samoa, the Commonwealth of the tion on obligations for Federal-aid highways the Puerto Rico highway program authorized Northern Mariana Islands, and the Republic and highway safety construction programs under section 165 of title 23, United States of Palau. set forth in any Act or in title 23, United Code, and $45,000,000 shall be for the terri- (8) STATE.—The term ‘‘State’’ means each States Code. torial highway program authorized under of the 50 States of the United States, the (3) AVAILABILITY.—The amounts made section 215 of title 23, United States Code. Commonwealth of Puerto Rico, and the Dis- available under this subsection shall be (10) FEDERAL LANDS AND INDIAN RESERVA- trict of Columbia. available for obligation until the date that is TIONS.—Of the funds provided under this sub- SEC. 231. BUY AMERICAN. two years after the date of the enactment of section, $550,000,000 shall be set aside for in- Section 1605 of division A of the American this Act. The Secretary shall obligate vestments in transportation at Indian res- Recovery and Reinvestment Act of 2009 (Pub- amounts totaling not less than 50 percent of ervations and Federal lands in accordance lic Law 111–5) applies to funds made avail- the funds made available within one year of with the following: able under this title. enactment and obligate remaining amounts (A) Of the funds set aside by this para- not later than two years after enactment. graph, $310,000,000 shall be for the Indian Res- Subtitle E—Immediate Transportation (4) DISTRIBUTION OF FUNDS.—Of the funds ervation Roads program, $170,000,000 shall be Infrastrucure Investments provided in this subsection, after making the for the Park Roads and Parkways program, SEC. 241. IMMEDIATE TRANSPORTATION INFRA- set-asides required by paragraphs (9), (10), $60,000,000 shall be for the Forest Highway STRUCTURE INVESTMENTS. (11), (12), and (15), 50 percent of the funds Program, and $10,000,000 shall be for the Ref- (a) GRANTS-IN-AID FOR AIRPORTS.— shall be apportioned to States using the for- uge Roads program. (1) IN GENERAL.—There is made available to mula set forth in section 104(b)(3) of title 23, (B) For investments at Indian reservations the Secretary of Transportation $2,000,000,000 United States Code, and the remaining funds and Federal lands, priority shall be given to to carry out airport improvement under sub- shall be apportioned to States in the same capital investments, and to projects and ac- chapter I of chapter 471 and subchapter I of ratio as the obligation limitation for fiscal tivities that can be completed within 2 years chapter 475 of title 49, United States Code. year 2010 was distributed among the States of enactment of this Act. (2) FEDERAL SHARE; LIMITATION ON OBLIGA- in accordance with the formula specified in (C) One year following the enactment of TIONS.—The Federal share payable of the section 120(a)(6) of division A of Public Law this Act, to ensure the prompt use of the costs for which a grant is made under this 111–117. funding provided for investments at Indian subsection, shall be 100 percent. The amount (5) APPORTIONMENT.—Apportionments reservations and Federal lands, the Sec- made available under this subsection shall under paragraph (4) shall be made not later retary shall have the authority to redis- not be subject to any limitation on obliga- than 30 days after the date of the enactment tribute unobligated funds within the respec- tions for the Grants-In-Aid for Airports pro- of this Act. tive program for which the funds were appro- gram set forth in any Act or in title 49, (6) REDISTRIBUTION.— priated. United States Code. (A) The Secretary shall, 180 days following (D) Up to four percent of the funding pro- (3) DISTRIBUTION OF FUNDS.—Funds pro- the date of apportionment, withdraw from vided for Indian Reservation Roads may be vided to the Secretary under this subsection each State an amount equal to 50 percent of used by the Secretary of the Interior for pro- shall not be subject to apportionment for- the funds apportioned under paragraph (4) to gram management and oversight and mulas, special apportionment categories, or that State (excluding funds suballocated project-related administrative expenses. minimum percentages under chapter 471 of within the State) less the amount of funding (E) Section 134(f)(3)(C)(ii)(II) of title 23, such title. obligated (excluding funds suballocated United States Code, shall not apply to funds (4) AVAILABILITY.—The amounts made within the State), and the Secretary shall re- set aside by this paragraph. available under this subsection shall be distribute such amounts to other States that (11) JOB TRAINING.—Of the funds provided available for obligation until the date that is have had no funds withdrawn under this sub- under this subsection, $50,000,000 shall be set two years after the date of the enactment of paragraph in the manner described in section aside for the development and administra- this Act. The Secretary shall obligate 120(c) of division A of Public Law 111–117. tion of transportation training programs amounts totaling not less than 50 percent of (B) One year following the date of appor- under section 140(b) title 23, United States the funds made available within one year of tionment, the Secretary shall withdraw from Code. enactment and obligate remaining amounts each recipient of funds apportioned under (A) Funds set aside under this subsection not later than two years after enactment. paragraph (4) any unobligated funds, and the shall be competitively awarded and used for (5) ADMINISTRATIVE EXPENSES.—Of the Secretary shall redistribute such amounts to the purpose of providing training, appren- funds made available under this subsection, States that have had no funds withdrawn ticeship (including Registered Apprentice- 0.3 percent shall be available to the Sec- under this paragraph (excluding funds sub- ship), skill development, and skill improve- retary for administrative expenses, shall re- allocated within the State) in the manner ment programs, as well as summer transpor- main available for obligation until Sep- described in section 120(c) of division A of tation institutes and may be transferred to, tember 30, 2015, and may be used in conjunc- Public Law 111–117. or administered in partnership with, the Sec- tion with funds otherwise provided for the (C) At the request of a State, the Secretary retary of Labor and shall demonstrate to the administration of the Grants-In-Aid for Air- may provide an extension of the one-year pe- Secretary of Transportation program out- ports program. riod only to the extent that the Secretary comes, including— (b) NEXT GENERATION AIR TRAFFIC CONTROL determines that the State has encountered (i) impact on areas with transportation ADVANCEMENTS.— extreme conditions that create an unwork- workforce shortages; (1) IN GENERAL.—There is made available to able bidding environment or other extenu- (ii) diversity of training participants; the Secretary of Transportation $1,000,000,000 ating circumstances. Before granting an ex- (iii) number of participants obtaining cer- for necessary Federal Aviation Administra- tension, the Secretary notify in writing the tifications or credentials required for spe- tion capital, research and operating costs to Committee on Transportation and Infra- cific types of employment; carry out Next Generation air traffic control structure and the Committee on Environ- (iv) employment outcome metrics, such as system advancements. ment and Public Works, providing a thor- job placement and job retention rates, estab- (2) AVAILABILITY.—The amounts made ough justification for the extension. lished in consultation with the Secretary of available under this subsection shall be (7) TRANSPORTATION ENHANCEMENTS.—Three Labor and consistent with metrics used by available for obligation until the date that is percent of the funds apportioned to a State programs under the Workforce Investment two years after the date of the enactment of under paragraph (4) shall be set aside for the Act; this Act. purposes described in section 133(d)(2) of title (v) to the extent practical, evidence that (c) HIGHWAY INFRASTRUCTURE INVEST- 23, United States Code (without regard to the the program did not preclude workers that MENT.— comparison to fiscal year 2005). participate in training or apprenticeship ac- (1) IN GENERAL.—There is made available to (8) SUBALLOCATION.—Thirty percent of the tivities under the program from being re- the Secretary of Transportation funds apportioned to a State under this sub- ferred to, or hired on, projects funded under $27,000,000,000 for restoration, repair, con- section shall be suballocated within the this chapter; and struction and other activities eligible under State in the manner and for the purposes de- (vi) identification of areas of collaboration section 133(b) of title 23, United States Code, scribed in the first sentence of sections with the Department of Labor programs, in- and for passenger and freight rail transpor- 133(d)(3)(A), 133(d)(3)(B), and 133(d)(3)(D) of cluding co-enrollment. tation and port infrastructure projects eligi- title 23, United States Code. Such suballoca- (B) To be eligible to receive a competi- ble for assistance under section 601(a)(8) of tion shall be conducted in every State. tively awarded grant under this subsection, a title 23. Funds suballocated within a State to urban- State must certify that at least 0.1 percent (2) FEDERAL SHARE; LIMITATION ON OBLIGA- ized areas and other areas shall not be sub- of the amounts apportioned under the Sur- TIONS.—The Federal share payable on ac- ject to the redistribution of amounts re- face Transportation Program and Bridge

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Program will be obligated in the first fiscal enactment and obligate remaining amounts (1) IN GENERAL.—There is made available to year after enactment of this Act for job not later than two years after enactment. the Secretary of Transportation $3,000,000,000 training activities consistent with section (3) FEDERAL SHARE.—The Federal share for grants for transit capital assistance 140(b) of title 23, United States Code. payable of the costs for which a grant or co- grants as defined by section 5302(a)(1) of title (12) DISADVANTAGED BUSINESS ENTER- operative agreements is made under this sub- 49, United States Code. Notwithstanding any PRISES.—Of the funds provided under this section shall be, at the option of the recipi- provision of chapter 53 of title 49, however, a subsection, $10,000,000 shall be set aside for ent, up to 100 percent. recipient of funding under this subsection training programs and assistance programs (4) INTERIM GUIDANCE.—The Secretary shall may use up to 10 percent of the amount pro- under section 140(c) of title 23, United States issue interim guidance to applicants cov- vided for the operating costs of equipment Code. Funds set aside under this paragraph ering application procedures and administer and facilities for use in public transportation should be allocated to businesses that have the grants provided under this subsection or for other eligible activities. proven success in adding staff while effec- pursuant to that guidance until final regula- (2) FEDERAL SHARE; LIMTATION ON OBLIGA- tively completing projects. tions are issued. TIONS.—The applicable requirements of chap- (13) STATE PLANNING AND OVERSIGHT EX- (5) INTERCITY PASSENGER RAIL CORRIDORS.— ter 53 of title 49, United States Code, shall PENSES.—Of amounts apportioned under Not less than 85 percent of the funds pro- apply to funding provided under this sub- paragraph (4) of this subsection, a State may vided under this subsection shall be for coop- section, except that the Federal share of the use up to 0.5 percent for activities related to erative agreements that lead to the develop- costs for which any grant is made under this projects funded under this subsection, in- ment of entire segments or phases of inter- subsection shall be, at the option of the re- cluding activities eligible under sections 134 city or high-speed rail corridors. cipient, up to 100 percent. The amount made and 135 of title 23, United States Code, State (6) CONDITIONS.— available under this subsection shall not be administration of subgrants, and State over- (A) In addition to the provisions of title 49, subject to any limitation on obligations for sight of subrecipients. United States Code, that apply to each of the transit programs set forth in any Act or (14) CONDITIONS.— individual programs funded under this sub- chapter 53 of title 49. (A) Funds made available under this sub- section, subsections 24402(a)(2), 24402(i), and (3) AVAILABILITY.—The amounts made section shall be administered as if appor- 24403 (a) and (c) of title 49, United States available under this subsection shall be tioned under chapter 1 of title 23, United Code, shall also apply to the provision of States Code, except for funds made available funds provided under this subsection. available for obligation until the date that is for investments in transportation at Indian (B) A project need not be in a State rail two years after the date of the enactment of reservations and Federal lands, and for the plan developed under Chapter 227 of title 49, this Act. The Secretary shall obligate territorial highway program, which shall be United States Code, to be eligible for assist- amounts totaling not less than 50 percent of administered in accordance with chapter 2 of ance under this subsection. the funds made available within one year of title 23, United States Code, and except for (C) Recipients of grants under this para- enactment and obligate remaining amounts funds made available for disadvantaged busi- graph shall conduct all procurement trans- not later than two years after enactment. ness enterprises bonding assistance, which actions using such grant funds in a manner (4) DISTRIBUTION OF FUNDS.—The Secretary shall be administered in accordance with that provides full and open competition, as of Transportation shall— chapter 3 of title 49, United States Code. determined by the Secretary, in compliance (A) provide 80 percent of the funds appro- (B) Funds made available under this sub- with existing labor agreements. priated under this subsection for grants section shall not be obligated for the pur- (e) CAPITAL GRANTS TO THE NATIONAL RAIL- under section 5307 of title 49, United States poses authorized under section 115(b) of title ROAD PASSENGER CORPORATION.— Code, and apportion such funds in accord- 23, United States Code. (1) IN GENERAL.—There is made available ance with section 5336 of such title; (C) Funding provided under this subsection $2,000,000,000 to enable the Secretary of (B) provide 10 percent of the funds appro- shall be in addition to any and all funds pro- Transportation to make capital grants to priated under this subsection in accordance vided for fiscal years 2011 and 2012 in any the National Railroad Passenger Corporation with section 5340 of such title; and other Act for ‘‘Federal-aid Highways’’ and (Amtrak), as authorized by section 101(c) of (C) provide 10 percent of the funds appro- shall not affect the distribution of funds pro- the Passenger Rail Investment and Improve- priated under this subsection for grants vided for ‘‘Federal-aid Highways’’ in any ment Act of 2008 (Public Law 110–432). under section 5311 of title 49, United States other Act. (2) AVAILABILITY.—The amounts made Code, and apportion such funds in accord- (D) Section 1101(b) of Public Law 109–59 available under this subsection shall be ance with such section. shall apply to funds apportioned under this available for obligation until the date that is (5) APPORTIONMENT.—The funds appor- subsection. two years after the date of the enactment of tioned under this subsection shall be appor- (15) OVERSIGHT.—The Administrator of the this Act. The Secretary shall obligate tioned not later than 21 days after the date Federal Highway Administration may set amounts totaling not less than 50 percent of of the enactment of this Act. aside up to 0.15 percent of the funds provided the funds made available within one year of (6) REDISTRIBUTION.— under this subsection to fund the oversight enactment and obligate remaining amounts (A) The Secretary shall, 180 days following by the Administrator of projects and activi- not later than two years after enactment. the date of apportionment, withdraw from ties carried out with funds made available to (3) PROJECT PRIORITY.—The priority for the each urbanized area or State an amount the Federal Highway Administration in this use of funds shall be given to projects for the equal to 50 percent of the funds apportioned Act, and such funds shall be available repair, rehabilitation, or upgrade of railroad to such urbanized areas or States less the through September 30, 2015. assets or infrastructure, and for capital amount of funding obligated, and the Sec- (d) CAPITAL ASSISTANCE FOR HIGH-SPEED projects that expand passenger rail capacity retary shall redistribute such amounts to RAIL CORRIDORS AND INTERCITY PASSENGER including the rehabilitation of rolling stock. other urbanized areas or States that have RAIL SERVICE.— (4) CONDITIONS.— had no funds withdrawn under this proviso (1) IN GENERAL.—There is made available to (A) None of the funds under this subsection utilizing whatever method he deems appro- the Secretary of Transportation $4,000,000,000 shall be used to subsidize the operating priate to ensure that all funds redistributed for grants for high-speed rail projects as au- losses of Amtrak. under this proviso shall be utilized promptly. thorized under sections 26104 and 26106 of (B) The funds provided under this sub- (B) One year following the date of appor- title 49, United States Code, capital invest- section shall be awarded not later than 90 tionment, the Secretary shall withdraw from ment grants to support intercity passenger days after the date of enactment of this Act. each urbanized area or State any unobli- rail service as authorized under section 24406 (C) The Secretary shall take measures to gated funds, and the Secretary shall redis- of title 49, United States Code, and conges- ensure that projects funded under this sub- tribute such amounts to other urbanized tion grants as authorized under section 24105 section shall be completed within 2 years of areas or States that have had no funds with- of title 49, United States Code, and to enter enactment of this Act, and shall serve to drawn under this proviso utilizing whatever into cooperative agreements for these pur- supplement and not supplant planned ex- method the Secretary deems appropriate to poses as authorized, except that the Admin- penditures for such activities from other ensure that all funds redistributed under this istrator of the Federal Railroad Administra- Federal, State, local and corporate sources. proviso shall be utilized promptly. tion may retain up to one percent of the The Secretary shall certify to the House and (C) At the request of an urbanized area or funds provided under this heading to fund Senate Committees on Appropriations in State, the Secretary of Transportation may the award and oversight by the Adminis- writing compliance with the preceding sen- provide an extension of such 1-year period if trator of grants made under this subsection, tence. the Secretary determines that the urbanized which retained amount shall remain avail- (5) OVERSIGHT.—The Administrator of the area or State has encountered an unwork- able for obligation until September 30, 2015. Federal Railroad Administration may set able bidding environment or other extenu- (2) AVAILABILITY.—The amounts made aside 0.5 percent of the funds provided under ating circumstances. Before granting an ex- available under this subsection shall be this subsection to fund the oversight by the tension, the Secretary shall notify in writing available for obligation until the date that is Administrator of projects and activities car- the Committee on Transportation and Infra- two years after the date of the enactment of ried out with funds made available in this structure and the Committee on Banking, this Act. The Secretary shall obligate subsection, and such funds shall be available Housing and Urban Affairs, providing a thor- amounts totaling not less than 50 percent of through September 30, 2015. ough justification for the extension. the funds made available within one year of (f) TRANSIT CAPITAL ASSISTANCE.— (7) CONDITIONS.—

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.022 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6197 (A) Of the funds provided for section 5311 of mittee on Transportation and Infrastructure funded from such funds not later than 1 year title 49, United States Code, 2.5 percent shall and the Committee on Banking, Housing, after the date of the enactment of the Act. be made available for section 5311(c)(1). and Urban Affairs, providing a thorough jus- (8) APPLICABILITY OF TITLE 40.—Each (B) Section 1101(b) of Public Law 109–59 tification for the extension. project conducted using funds provided under shall apply to funds appropriated under this (7) CONDITIONS.— this subsection shall comply with the re- subsection. (A) The provisions of section 1101(b) of quirements of subchapter IV of chapter 31 of (C) The funds appropriated under this sub- Public Law 109–59 shall apply to funds made title 40, United States Code. section shall not be comingled with any available under this subsection. (9) ADMINISTRATIVE EXPENSES.—The Sec- prior year funds. (B) The funds appropriated under this sub- retary may retain up to one-half of one per- (8) OVERSIGHT.—Notwithstanding any other section shall not be commingled with any cent of the funds provided under this sub- provision of law, 0.3 percent of the funds pro- prior year funds. section, and may transfer portions of those vided for grants under section 5307 and sec- (8) OVERSIGHT.—Notwithstanding any other funds to the Administrators of the Federal tion 5340, and 0.3 percent of the funds pro- provision of law, 0.3 percent of the funds Highway Administration, the Federal Tran- vided for grants under section 5311, shall be under this subsection shall be available for sit Administration, the Federal Railroad Ad- available for administrative expenses and administrative expenses and program man- ministration and the Maritime Administra- program management oversight, and such agement oversight and shall remain avail- tion, to fund the award and oversight of funds shall be available through September able for obligation until September 30, 2015. grants made under this subsection. Funds re- 30, 2015. (h) TRANSPORTATION INFRASTRUCTURE tained shall remain available for obligation (g) STATE OF GOOD REPAIR.— GRANTS AND FINANCING.— until September 30, 2015. (1) IN GENERAL.—There is made available to (1) IN GENERAL.—There is made available to (i) LOCAL HIRING.— the Secretary of Transportation $6,000,000,000 the Secretary of Transportation $5,000,000,000 (1) IN GENERAL.—In the case of the funding for capital expenditures as authorized by sec- for capital investments in surface transpor- made available under subsections (a) tions 5309(b) (2) and (3) of title 49, United tation infrastructure. The Secretary shall through (h) of this section, the Secretary of States Code. distribute funds provided under this sub- Transportation may establish standards (2) FEDERAL SHARE.—The applicable re- section as discretionary grants to be award- under which a contract for construction may quirements of chapter 53 of title 49, United ed to State and local governments or transit be advertised that contains requirements for States Code, shall apply, except that the agencies on a competitive basis for projects the employment of individuals residing in or Federal share of the costs for which a grant that will have a significant impact on the adjacent to any of the areas in which the is made under this subsection shall be, at the Nation, a metropolitan area, or a region. work is to be performed to perform construc- option of the recipient, up to 100 percent. (2) FEDERAL SHARE; LIMITATION ON OBLIGA- tion work required under the contract, pro- (3) AVAILABILITY.—The amounts made TIONS.—The Federal share payable of the vided that— available under this subsection shall be costs for which a grant is made under this (A) all or part of the construction work available for obligation until the date that is subsection, shall be 100 percent. performed under the contract occurs in an two years after the date of the enactment of (3) AVAILABILITY.—The amounts made area designated by the Secretary as an area this Act. The Secretary shall obligate available under this subsection shall be of high unemployment, using data reported amounts totaling not less than 50 percent of available for obligation until the date that is by the United States Department of Labor, the funds made available within one year of two years after the date of the enactment of Bureau of Labor Statistics; enactment and obligate remaining amounts this Act. The Secretary shall obligate (B) the estimated cost of the project of not later than two years after enactment. amounts totaling not less than 50 percent of which the contract is a part is greater than (4) DISTRIBUTION OF FUNDS.— the funds made available within one year of $10 million, except that the estimated cost of (A) The Secretary of Transportation shall enactment and obligate remaining amounts the project in the case of construction fund- apportion not less than 75 percent of the not later than two years after enactment. ed under subsection (c) shall be greater than funds under this subsection for the mod- (4) PROJECT ELIGIBILITY.—Projects eligible $50 million; and ernization of fixed guideway systems, pursu- for funding provided under this subsection (C) the recipient may not require the hir- ant to the formula set forth in section 5336(b) include— ing of individuals who do not have the nec- title 49, United States Code, other than sub- (A) highway or bridge projects eligible essary skills to perform work in any craft or section (b)(2)(A)(ii). under title 23, United States Code, including trade; provided that the recipient may re- (B) Of the funds appropriated under this interstate rehabilitation, improvements to quire the hiring of such individuals if the re- subsection, not less than 25 percent shall be the rural collector road system, the recon- cipient establishes reasonable provisions to available for the restoration or replacement struction of overpasses and interchanges, train such individuals to perform any such of existing public transportation assets re- bridge replacements, seismic retrofit work under the contract effectively. lated to bus systems, pursuant to the for- projects for bridges, and road realignments; (2) PROJECT STANDARDS.— mula set forth in section 5336 other than sub- (B) public transportation projects eligible (A) IN GENERAL.—Any standards estab- section (b). under chapter 53 of title 49, United States lished by the Secretary under this section (5) APPORTIONMENT.—The funds made avail- Code, including investments in projects par- shall ensure that any requirements specified able under this subsection shall be appor- ticipating in the New Starts or Small Starts under subsection (c)(1)— tioned not later than 30 days after the date programs that will expedite the completion (i) do not compromise the quality of the of the enactment of this Act. of those projects and their entry into rev- project; (6) REDISTRIBUTION.— enue service; (ii) are reasonable in scope and applica- (A) The Secretary shall, 180 days following (C) passenger and freight rail transpor- tion; the date of apportionment, withdraw from tation projects; and (iii) do not unreasonably delay the comple- each urbanized area an amount equal to 50 (D) port infrastructure investments, in- tion of the project; and percent of the funds apportioned to such ur- cluding projects that connect ports to other (iv) do not unreasonably increase the cost banized area less the amount of funding obli- modes of transportation and improve the ef- of the project. gated, and the Secretary shall redistribute ficiency of freight movement. (B) AVAILABLE PROGRAMS.—The Secretary such amounts to other urbanized areas that (5) TIFIA PROGRAM.—The Secretary may shall make available to recipients the work- have had no funds withdrawn under this transfer to the Federal Highway Administra- force development and training programs set paragraph utilizing whatever method the tion funds made available under this sub- forth in section 24604(e)(1)(D) of this title to Secretary deems appropriate to ensure that section for the purpose of paying the subsidy assist recipients who wish to establish train- all funds redistributed under this paragraph and administrative costs of projects eligible ing programs that satisfy the provisions of shall be utilized promptly. for federal credit assistance under chapter 6 subsection (c)(1)(C). The Secretary of Labor (B) One year following the date of appor- of title 23, United States Code, if the Sec- shall make available its qualifying work- tionment, the Secretary shall withdraw from retary finds that such use of the funds would force and training development programs to each urbanized area any unobligated funds, advance the purposes of this subsection. recipients who wish to establish training and the Secretary shall redistribute such (6) PROJECT PRIORITY.—The Secretary shall programs that satisfy the provisions of sub- amounts to other urbanized areas that have give priority to projects that are expected to section (c)(1)(C). had no funds withdrawn under this para- be completed within 3 years of the date of (3) IMPLEMENTING REGULATIONS.—The Sec- graph, utilizing whatever method the Sec- the enactment of this Act. retary shall promulgate final regulations to retary deems appropriate to ensure that all (7) DEADLINE FOR ISSUANCE OF COMPETITION implement the authority of this subsection. funds redistributed under this paragraph CRITERIA.—The Secretary shall publish cri- (j) ADMINISTRATIVE PROVISIONS.— shall be utilized promptly. teria on which to base the competition for (1) APPLICABILITY OF TITLE 40.—Each (C) At the request of an urbanized area, the any grants awarded under this subsection project conducted using funds provided under Secretary may provide an extension of the 1- not later than 90 days after enactment of this subtitle shall comply with the require- year period if the Secretary finds that the this Act. The Secretary shall require appli- ments of subchapter IV of chapter 31 of title urbanized area has encountered an unwork- cations for funding provided under this sub- 40, United States Code. able bidding environment or other extenu- section to be submitted not later than 180 (2) BUY AMERICAN.—Section 1605 of division ating circumstances. Before granting an ex- days after the publication of the criteria, A of the American Recovery and Reinvest- tension, the Secretary shall notify the Com- and announce all projects selected to be ment Act of 2009 (Public Law 111–5) applies

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(a) SHORT TITLE.—This subtitle may be (12) the capital markets, including pension (C) WATER INFRASTRUCTURE PROJECT.—The cited as the ‘‘Building and Upgrading Infra- funds, private equity funds, mutual funds, term ‘‘water infrastructure project’’ means structure for Long-Term Development Act’’. sovereign wealth funds, and other investors, the construction, consolidation, alteration, SEC. 243. FINDINGS AND PURPOSE. have a growing interest in infrastructure in- or repair of the following subsectors: (a) FINDINGS.—Congress finds that— vestment and represent hundreds of billions (i) Waterwaste treatment facility. (1) infrastructure has always been a vital of dollars of potential investment; and (ii) Storm water management system. element of the economic strength of the (13) the establishment of a United States (iii) Dam. United States and a key indicator of the Government-owned, independent, profes- (iv) Solid waste disposal facility. international leadership of the United sionally managed institution that could pro- (v) Drinking water treatment facility. States; vide credit support to qualified infrastruc- (vi) Levee. (2) the Erie Canal, the Hoover Dam, the ture projects of regional and national signifi- (vii) Open space management system. railroads, and the interstate highway system cance, making transparent merit-based in- (D) ENERGY INFRASTRUCTURE PROJECT.—The are all testaments to American ingenuity vestment decisions based on the commercial term ‘‘energy infrastructure project’’ means and have helped propel and maintain the viability of infrastructure projects, would the construction, alteration, or repair of the United States as the world’s largest econ- catalyze the participation of significant pri- following subsectors: omy; vate investment capital. (i) Pollution reduced energy generation. (3) according to the World Economic Fo- (b) PURPOSE.—The purpose of this Act is to (ii) Transmission and distribution. rum’s Global Competitiveness Report, the facilitate investment in, and long-term fi- (iii) Storage. United States fell to second place in 2009, nancing of, economically viable infrastruc- (iv) Energy efficiency enhancements for and dropped to fourth place overall in 2010, ture projects of regional or national signifi- buildings, including public and commercial however, in the ‘‘Quality of overall infra- cance in a manner that both complements buildings. structure’’ category of the same report, the existing Federal, State, local, and private (E) BOARD AUTHORITY TO MODIFY SUBSEC- United States ranked twenty-third in the funding sources for these projects and intro- TORS.—The Board of Directors may make world; duces a merit-based system for financing modifications, at the discretion of the Board, (4) according to the World Bank’s 2010 Lo- such projects, in order to mobilize signifi- to the subsectors described in this paragraph gistic Performance Index, the capacity of cant private sector investment, create jobs, by a vote of not fewer than 5 of the voting countries to efficiently move goods and con- and ensure United States competitiveness members of the Board of Directors. nect manufacturers and consumers with through an institution that limits the need (10) INVESTMENT PROSPECTUS.— international markets is improving around for ongoing Federal funding. (A) The term ‘‘investment prospectus’’ the world, and the United States now ranks SEC. 244. DEFINITIONS. means the processes and publications de- seventh in the world in logistics-related in- For purposes of this Act, the following scribed below that will guide the priorities frastructure behind countries from both Eu- definitions shall apply: and strategic focus for the Bank’s invest- rope and Asia; (1) AIFA.—The term ‘‘AIFA’’ means the ments. The investment prospectus shall fol- (5) according to a January 2009 report from American Infrastructure Financing Author- low rulemaking procedures under section 553 the University of Massachusetts/Alliance for ity established under this Act. of title 5, United States Code. American Manufacturing entitled ‘‘Employ- (2) BLIND TRUST.—The term ‘‘blind trust’’ (B) The Bank shall publish a detailed de- ment, Productivity and Growth,’’ infrastruc- means a trust in which the beneficiary has scription of its strategy in an Investment ture investment is a ‘‘highly effective engine no knowledge of the specific holdings and no Prospectus within one year of the enactment of job creation’’; rights over how those holdings are managed of this subchapter. The Investment Pro- (6) according to the American Society of by the fiduciary of the trust prior to the dis- spectus shall— Civil Engineers, the current condition of the solution of the trust. (i) specify what the Bank shall consider infrastructure in the United States earns a (3) BOARD OF DIRECTORS.—The term ‘‘Board significant to the economic competitiveness grade point average of D, and an estimated of Directors’’ means Board of Directors of of the United States or a region thereof in a $2,200,000,000,000 investment is needed over AIFA. manner consistent with the primary objec- the next 5 years to bring American infra- (4) CHAIRPERSON.—The term ‘‘Chairperson’’ tive; structure up to adequate condition; means the Chairperson of the Board of Direc- (ii) specify the priorities and strategic (7) according to the National Surface tors of AIFA. focus of the Bank in forwarding its strategic Transportation Policy and Revenue Study (5) CHIEF EXECUTIVE OFFICER.—The term objectives and carrying out the Bank strat- Commission, $225,000,000,000 is needed annu- ‘‘chief executive officer’’ means the chief ex- egy; ally from all sources for the next 50 years to ecutive officer of AIFA, appointed under sec- (iii) specify the priorities and strategic upgrade the United States surface transpor- tion 247. focus of the Bank in promoting greater effi- tation system to a state of good repair and (6) COST.—The term ‘‘cost’’ has the same ciency in the movement of freight; create a more advanced system; meaning as in section 502 of the Federal (iv) specify the priorities and strategic (8) the current infrastructure financing Credit Reform Act of 1990 (2 U.S.C. 661a). focus of the Bank in promoting the use of in- mechanisms of the United States, both on (7) DIRECT LOAN.—The term ‘‘direct loan’’ novation and best practices in the planning, the Federal and State level, will fail to meet has the same meaning as in section 502 of the design, development and delivery of projects; current and foreseeable demands and will Federal Credit Reform Act of 1990 (2 U.S.C. (v) describe in detail the framework and create large funding gaps; 661a). methodology for calculating application (9) published reports state that there may (8) ELIGIBLE ENTITY.—The term ‘‘eligible qualification scores and associated ranges as not be enough demand for municipal bonds entity’’ means an individual, corporation, specified in this subchapter, along with the to maintain the same level of borrowing at partnership (including a public-private part- data to be requested from applicants and the the same rates, resulting in significantly de- nership), joint venture, trust, State, or other mechanics of calculations to be applied to creased infrastructure investment at the non-Federal governmental entity, including that data to determine qualification scores State and local level; a political subdivision or any other instru- and ranges; (10) current funding mechanisms are not mentality of a State, or a revolving fund. (vi) describe how selection criteria will be readily scalable and do not— (9) INFRASTRUCTURE PROJECT.— applied by the Chief Executive Officer in de- (A) serve large in-State or cross jurisdic- (A) IN GENERAL.—The term ‘‘eligible infra- termining the competitiveness of an applica- tion infrastructure projects, projects of re- structure project’’ means any non-Federal tion and its qualification score and range gional or national significance, or projects transportation, water, or energy infrastruc- relative to other current applications and that cross sector silos; ture project, or an aggregation of such infra- previously funded applications; and (B) sufficiently catalyze private sector in- structure projects, as provided in this Act. (vii) describe how the qualification score vestment; or (B) TRANSPORTATION INFRASTRUCTURE and range methodology and project selection (C) ensure the optimal return on public re- PROJECT.—The term ‘‘transportation infra- framework are consistent with maximizing sources; structure project’’ means the construction, the Bank goals in both urban and rural (11) although grant programs of the United alteration, or repair, including the facilita- areas. States Government must continue to play a tion of intermodal transit, of the following (C) The Investment Prospectus and any central role in financing the transportation, subsectors: subsequent updates thereto shall be approved environment, and energy infrastructure (i) Highway or road. by a majority vote of the Board of Directors needs of the United States, current and fore- (ii) Bridge. prior to publication. seeable demands on existing Federal, State, (iii) Mass transit. (D) The Bank shall update the Investment and local funding for infrastructure expan- (iv) Inland waterways. Prospectus on every biennial anniversary of sion clearly exceed the resources to support (v) Commercial ports. its original publication.

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(11) INVESTMENT-GRADE RATING.—The term SEC. 246. VOTING MEMBERS OF THE BOARD OF terly thereafter, and otherwise at the call of ‘‘investment-grade rating’’ means a rating of DIRECTORS. either the Chairperson or 5 voting members BBB minus, Baa3, or higher assigned to an (a) VOTING MEMBERSHIP OF THE BOARD OF of the Board of Directors. infrastructure project by a ratings agency. DIRECTORS.— (3) EXCEPTION FOR CLOSED MEETINGS.—The (12) LOAN GUARANTEE.—The term ‘‘loan (1) IN GENERAL.—AIFA shall have a Board voting members of the Board of Directors guarantee’’ has the same meaning as in sec- of Directors consisting of 7 voting members may, by majority vote, close a meeting to tion 502 of the Federal Credit Reform Act of appointed by the President, by and with the the public if, during the meeting to be 1990 (2 U.S.C. 661a). advice and consent of the Senate, not more closed, there is likely to be disclosed propri- (13) PUBLIC-PRIVATE PARTNERSHIP.—The than 4 of whom shall be from the same polit- etary or sensitive information regarding an term ‘‘public-private partnership’’ means ical party. infrastructure project under consideration any eligible entity— (2) CHAIRPERSON.—One of the voting mem- for assistance under this Act. The Board of (A)(i) which is undertaking the develop- bers of the Board of Directors shall be des- Directors shall prepare minutes of any meet- ment of all or part of an infrastructure ignated by the President to serve as Chair- ing that is closed to the public, and shall project that will have a public benefit, pur- person thereof. make such minutes available as soon as suant to requirements established in one or (3) CONGRESSIONAL RECOMMENDATIONS.—Not practicable, not later than 1 year after the more contracts between the entity and a later than 30 days after the date of enact- date of the closed meeting, with any nec- State or an instrumentality of a State; or ment of this Act, the majority leader of the essary redactions to protect any proprietary (ii) the activities of which, with respect to Senate, the minority leader of the Senate, or sensitive information. such an infrastructure project, are subject to the Speaker of the House of Representatives, (4) QUORUM.—For purposes of meetings of regulation by a State or any instrumentality and the minority leader of the House of Rep- the Board of Directors, 5 voting members of of a State; resentatives shall each submit a rec- the Board of Directors shall constitute a (B) which owns, leases, or operates or will ommendation to the President for appoint- quorum. own, lease, or operate, the project in whole ment of a member of the Board of Directors, (f) COMPENSATION OF MEMBERS.—Each vot- or in part; and after consultation with the appropriate com- ing member of the Board of Directors shall (C) the participants in which include not mittees of Congress. be compensated at a rate equal to the daily fewer than 1 nongovernmental entity with (b) VOTING RIGHTS.—Each voting member equivalent of the annual rate of basic pay significant investment and some control of the Board of Directors shall have an equal prescribed for level III of the Executive over the project or project vehicle. vote in all decisions of the Board of Direc- Schedule under section 5314 of title 5, United tors. (14) RURAL INFRASTRUCTURE PROJECT.—The States Code, for each day (including travel (c) QUALIFICATIONS OF VOTING MEMBERS.— term ‘‘rural infrastructure project’’ means time) during which the member is engaged in Each voting member of the Board of Direc- an infrastructure project in a rural area, as the performance of the duties of the Board of tors shall— that term is defined in section 343(a)(13)(A) Directors. (1) be a citizen of the United States; and of the Consolidated Farm and Rural Develop- (g) CONFLICTS OF INTEREST.—A voting (2) have significant demonstrated expertise ment Act (7 U.S.C. 1991(a)(13)(A)). member of the Board of Directors may not in— (15) SECRETARY.—Unless the context other- participate in any review or decision affect- (A) the management and administration of wise requires, the term ‘‘Secretary’’ means ing an infrastructure project under consider- a financial institution relevant to the oper- the Secretary of the Treasury or the des- ation for assistance under this Act, if the ation of AIFA; or a public financial agency ignee thereof. member has or is affiliated with an entity or authority; or (16) SENIOR MANAGEMENT.—The term ‘‘sen- who has a financial interest in such project. (B) the financing, development, or oper- ior management’’ means the chief financial ation of infrastructure projects; or SEC. 247. CHIEF EXECUTIVE OFFICER OF AIFA. officer, chief risk officer, chief compliance (C) analyzing the economic benefits of in- (a) IN GENERAL.—The chief executive offi- officer, general counsel, chief lending officer, frastructure investment. cer of AIFA shall be a nonvoting member of and chief operations officer of AIFA estab- (d) TERMS.— the Board of Directors, who shall be respon- lished under section 249, and such other offi- (1) IN GENERAL.—Except as otherwise pro- sible for all activities of AIFA, and shall sup- cers as the Board of Directors may, by ma- vided in this Act, each voting member of the port the Board of Directors as set forth in jority vote, add to senior management. Board of Directors shall be appointed for a this Act and as the Board of Directors deems (17) STATE.—The term ‘‘State’’ includes the term of 4 years. necessary or appropriate. District of Columbia, Puerto Rico, Guam, (2) INITIAL STAGGERED TERMS.—Of the vot- (b) APPOINTMENT AND TENURE OF THE CHIEF American Samoa, the Virgin Islands, the ing members first appointed to the Board of EXECUTIVE OFFICER.— Commonwealth of Northern Mariana Islands, Directors— (1) IN GENERAL.—The President shall ap- and any other territory of the United States. (A) the initial Chairperson and 3 of the point the chief executive officer, by and with PART I—AMERICAN INFRASTRUCTURE other voting members shall each be ap- the advice and consent of the Senate. FINANCING AUTHORITY pointed for a term of 4 years; and (2) TERM.—The chief executive officer shall (B) the remaining 3 voting members shall be appointed for a term of 6 years. SEC. 245. ESTABLISHMENT AND GENERAL AU- ACANCIES THORITY OF AIFA. each be appointed for a term of 2 years. (3) V .—Any vacancy in the office (3) DATE OF INITIAL NOMINATIONS.—The ini- of the chief executive officer shall be filled (a) ESTABLISHMENT OF AIFA.—The Amer- tial nominations for the appointment of all by the President, and the person appointed ican Infrastructure Financing Authority is voting members of the Board of Directors to fill a vacancy in that position occurring established as a wholly owned Government shall be made not later than 60 days after the before the expiration of the term for which corporation. date of enactment of this Act. the predecessor was appointed shall be ap- (b) GENERAL AUTHORITY OF AIFA.—AIFA (4) BEGINNING OF TERM.—The term of each pointed only for the remainder of that term. shall provide direct loans and loan guaran- of the initial voting members appointed (c) QUALIFICATIONS.—The chief executive tees to facilitate infrastructure projects that under this section shall commence imme- officer— are both economically viable and of regional diately upon the date of appointment, except (1) shall have significant expertise in man- or national significance, and shall have such that, for purposes of calculating the term agement and administration of a financial other authority, as provided in this Act. limits specified in this subsection, the initial institution, or significant expertise in the fi- (c) INCORPORATION.— terms shall each be construed as beginning nancing and development of infrastructure (1) IN GENERAL.—The Board of Directors on January 22 of the year following the date projects, or significant expertise in ana- first appointed shall be deemed the incorpo- of the initial appointment. lyzing the economic benefits of infrastruc- rator of AIFA, and the incorporation shall be (5) VACANCIES.—A vacancy in the position ture investment; and held to have been effected from the date of of a voting member of the Board of Directors (2) may not— the first meeting of the Board of Directors. shall be filled by the President, and a mem- (A) hold any other public office; (2) CORPORATE OFFICE.—AIFA shall— ber appointed to fill a vacancy on the Board (B) have any financial interest in an infra- (A) maintain an office in Washington, DC; of Directors occurring before the expiration structure project then being considered by and of the term for which the predecessor was ap- the Board of Directors, unless that interest (B) for purposes of venue in civil actions, pointed shall be appointed only for the re- is placed in a blind trust; or be considered to be a resident of Washington, mainder of that term. (C) have any financial interest in an in- DC. (e) MEETINGS.— vestment institution or its affiliates or any (d) RESPONSIBILITY OF THE SECRETARY.— (1) OPEN TO THE PUBLIC; NOTICE.—Except as other entity seeking or likely to seek finan- The Secretary shall take such action as may provided in paragraph (3), all meetings of the cial assistance for any infrastructure project be necessary to assist in implementing Board of Directors shall be— from AIFA, unless any such interest is AIFA, and in carrying out the purpose of this (A) open to the public; and placed in a blind trust for the tenure of the Act. (B) preceded by reasonable public notice. service of the chief executive officer plus 2 (e) RULE OF CONSTRUCTION.—Chapter 91 of (2) FREQUENCY.—The Board of Directors additional years. title 31, United States Code, does not apply shall meet not later than 60 days after the (d) RESPONSIBILITIES.—The chief executive to AIFA, unless otherwise specifically pro- date on which all members of the Board of officer shall have such executive functions, vided in this Act. Directors are first appointed, at least quar- powers, and duties as may be prescribed by

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.022 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6200 CONGRESSIONAL RECORD — SENATE October 5, 2011 this Act, the bylaws of AIFA, or the Board of (A) develop and approve the bylaws of (A) to oversee entering into and carry out Directors, including— AIFA, including bylaws for the regulation of such contracts, leases, cooperative agree- (1) responsibility for the development and the affairs and conduct of the business of ments, or other transactions as are nec- implementation of the strategy of AIFA, in- AIFA, consistent with the purpose, goals, ob- essary to carry out this Act with— cluding— jectives, and policies set forth in this Act; (i) any Federal department or agency; (A) the development and submission to the (B) establish subcommittees, including an (ii) any State, territory, or possession (or Board of Directors of the investment pro- audit committee that is composed solely of any political subdivision thereof, including spectus, the annual business plans and budg- members of the Board of Directors who are State infrastructure banks) of the United et; independent of the senior management of States; and (B) the development and submission to the AIFA; (iii) any individual, public-private partner- Board of Directors of a long-term strategic (C) develop and approve, in consultation ship, firm, association, or corporation; plan; and with senior management, a conflict-of-inter- (B) to approve of the acquisition, lease, (C) the development, revision, and submis- est policy for the Board of Directors and for pledge, exchange, and disposal of real and sion to the Board of Directors of internal senior management; personal property by AIFA and otherwise ap- policies; and (D) approve or disapprove internal policies prove the exercise by AIFA of all of the (2) responsibility for the management and that the chief executive officer shall submit usual incidents of ownership of property, to oversight of the daily activities, decisions, to the Board of Directors, including— the extent that the exercise of such powers is operations, and personnel of AIFA, includ- (i) policies regarding the loan application appropriate to and consistent with the pur- ing— and approval process, including— poses of AIFA; (A) the appointment of senior manage- (I) disclosure and application procedures to (C) to determine the character of, and the ment, subject to approval by the voting be followed by entities in the course of nomi- necessity for, the obligations and expendi- members of the Board of Directors, and the nating infrastructure projects for assistance tures of AIFA, and the manner in which the hiring and termination of all other AIFA under this Act; obligations and expenditures will be in- personnel; (II) guidelines for the selection and ap- curred, allowed, and paid, subject to this Act (B) requesting the detail, on a reimburs- proval of projects; and other Federal law specifically applicable able basis, of personnel from any Federal (III) specific criteria for determining eligi- to wholly owned Federal corporations; agency having specific expertise not avail- bility for project selection, consistent with (D) to execute, in accordance with applica- able from within AIFA, following which re- title II; and ble bylaws and regulations, appropriate in- quest the head of the Federal agency may de- (IV) standardized terms and conditions, fee struments; tail, on a reimbursable basis, any personnel schedules, or legal requirements of a con- (E) to approve other forms of credit en- of such agency reasonably requested by the tract or program, so as to carry out this Act; hancement that AIFA may provide to eligi- chief executive officer; and ble projects, as long as the forms of credit (C) assessing and recommending in the (ii) operational guidelines; and enhancements are consistent with the pur- first instance, for ultimate approval or dis- (E) approve or disapprove a multi-year or poses of this Act and terms set forth in title approval by the Board of Directors, com- 1-year business plan and budget for AIFA; II; pensation and adjustments to compensation (3) ensure that AIFA is at all times oper- (F) to exercise all other lawful powers of senior management and other personnel of ated in a manner that is consistent with this which are necessary or appropriate to carry AIFA as may be necessary for carrying out Act, by— out, and are consistent with, the purposes of the functions of AIFA; (A) monitoring and assessing the effective- AIFA; (D) ensuring, in conjunction with the gen- ness of AIFA in achieving its strategic goals; (G) to sue or be sued in the corporate ca- eral counsel of AIFA, that all activities of (B) periodically reviewing internal poli- pacity of AIFA in any court of competent ju- AIFA are carried out in compliance with ap- cies; risdiction; plicable law; (C) reviewing and approving annual busi- (H) to indemnify the members of the Board (E) overseeing the involvement of AIFA in ness plans, annual budgets, and long-term of Directors and officers of AIFA for any li- all projects, including— strategies submitted by the chief executive abilities arising out of the actions of the (i) developing eligible projects for AIFA fi- officer; members and officers in such capacity, in ac- nancial assistance; (D) reviewing and approving annual reports cordance with, and subject to the limitations (ii) determining the terms and conditions submitted by the chief executive officer; contained in this Act; of all financial assistance packages; (E) engaging one or more external audi- (I) to review all financial assistance pack- (iii) monitoring all infrastructure projects tors, as set forth in this Act; and ages to all eligible infrastructure projects, as assisted by AIFA, including responsibility (F) reviewing and approving all changes to submitted by the chief executive officer and for ensuring that the proceeds of any loan the organization of senior management; to approve, postpone, or deny the same by made, guaranteed, or participated in are (4) appoint and fix, by a vote of 5 of the 7 majority vote; used only for the purposes for which the loan voting members of the Board of Directors, (J) to review all restructuring proposals or guarantee was made; and without regard to the provisions of chap- submitted by the chief executive officer, in- (iv) preparing and submitting for approval ter 51 or subchapter III of chapter 53 of title cluding assignation, pledging, or disposal of by the Board of Directors the documents re- 5, United States Code, the compensation and the interest of AIFA in a project, including quired under paragraph (1); and adjustments to compensation of all AIFA payment or income from any interest owned (v) ensuring the implementation of deci- personnel, provided that in appointing and or held by AIFA, and to approve, postpone, sions of the Board of Directors; and fixing any compensation or adjustments to or deny the same by majority vote; and (F) such other activities as may be nec- compensation under this paragraph, the (K) to enter into binding commitments, as essary or appropriate in carrying out this Board shall— specified in approved financial assistance Act. (A) consult with, and seek to maintain packages; (e) COMPENSATION.— comparability with, other comparable Fed- (9) delegate to the chief executive officer (1) IN GENERAL.—Any compensation assess- eral personnel; those duties that the Board of Directors ment or recommendation by the chief execu- (B) consult with the Office of Personnel deems appropriate, to better carry out the tive officer under this section shall be with- Management; and powers and purposes of the Board of Direc- out regard to the provisions of chapter 51 or (C) carry out such duties consistent with tors under this section; and subchapter III of chapter 53 of title 5, United merit principles, where applicable, as well as (10) to approve a maximum aggregate States Code. the education, experience, level of responsi- amount of outstanding obligations of AIFA (2) CONSIDERATIONS.—The compensation as- bility, geographic differences, and retention at any given time, taking into consideration sessment or recommendation required under and recruitment needs in determining com- funding, and the size of AIFA’s addressable this subsection shall take into account merit pensation of personnel; market for infrastructure projects. principles, where applicable, as well as the (5) establish such other criteria, require- SEC. 249. SENIOR MANAGEMENT. education, experience, level of responsibility, ments, or procedures as the Board of Direc- (a) IN GENERAL.—Senior management shall geographic differences, and retention and re- tors may consider to be appropriate in car- support the chief executive officer in the dis- cruitment needs in determining compensa- rying out this Act; charge of the responsibilities of the chief ex- tion of personnel. (6) serve as the primary liaison for AIFA in ecutive officer. SEC. 248. POWERS AND DUTIES OF THE BOARD interactions with Congress, the Executive (b) APPOINTMENT OF SENIOR MANAGE- OF DIRECTORS. Branch, and State and local governments, MENT.—The chief executive officer shall ap- The Board of Directors shall— and to represent the interests of AIFA in point such senior managers as are necessary (1) as soon as is practicable after the date such interactions and others; to carry out the purpose of AIFA, as ap- on which all members are appointed, approve (7) approve by a vote of 5 of the 7 voting proved by a majority vote of the voting or disapprove senior management appointed members of the Board of Directors any members of the Board of Directors. by the chief executive officer; changes to the bylaws or internal policies of (c) TERM.—Each member of senior manage- (2) not later than 180 days after the date on AIFA; ment shall serve at the pleasure of the chief which all members are appointed— (8) have the authority and responsibility— executive officer and the Board of Directors.

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

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.023 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6202 CONGRESSIONAL RECORD — SENATE October 5, 2011 shall be appointed in accordance with sec- (10) the infrastructure sector of the (2) may have a lien on revenues described tion 249. project, in an effort to have projects from in paragraph (1), subject to any lien securing SEC. 252. COMPLIANCE. more than one sector funded by AIFA; and project obligations. The provision of assistance by the Board of (11) encourages use of innovative procure- (c) BASE INTEREST RATE.—The base inter- Directors pursuant to this Act shall not be ment, asset management, or financing to est rate on a direct loan under this Act shall construed as superseding any provision of minimize the all-in-life-cycle cost, and im- be not less than the yield on United States State law or regulation otherwise applicable prove the cost-effectiveness of a project. Treasury obligations of a similar maturity to an infrastructure project. (c) APPLICATION.— to the maturity of the direct loan. (1) IN GENERAL.—Any eligible entity seek- (d) RISK ASSESSMENT.—Before entering PART II—TERMS AND LIMITATIONS ON into an agreement for assistance under this DIRECT LOANS AND LOAN GUARANTEES ing assistance from AIFA under this Act for an eligible infrastructure project shall sub- Act, the chief executive officer, in consulta- SEC. 253. ELIGIBILITY CRITERIA FOR ASSIST- mit an application to AIFA at such time, in tion with the Director of the Office of Man- ANCE FROM AIFA AND TERMS AND such manner, and containing such informa- agement and Budget and considering rating LIMITATIONS OF LOANS. agency preliminary or final rating opinion tion as the Board of Directors or the chief (a) IN GENERAL.—Any project whose use or letters of the project under this section, executive officer may require. purpose is private and for which no public shall estimate an appropriate Federal credit (2) REVIEW OF APPLICATIONS.—AIFA shall benefit is created shall not be eligible for fi- subsidy amount for each direct loan and loan review applications for assistance under this nancial assistance from AIFA under this guarantee, taking into account such letter, Act. Financial assistance under this Act Act on an ongoing basis. The chief executive as well as any comparable market rates shall only be made available if the applicant officer, working with the senior manage- available for such a loan or loan guarantee, for such assistance has demonstrated to the ment, shall prepare eligible infrastructure should any exist. The final credit subsidy satisfaction of the Board of Directors that projects for review and approval by the cost for each loan and loan guarantee shall the infrastructure project for which such as- Board of Directors. be determined consistent with the Federal sistance is being sought— (3) DEDICATED REVENUE SOURCES.—The Fed- Credit Reform Act, 2 U.S.C. 661a et seq. (1) is not for the refinancing of an existing eral credit instrument shall be repayable, in (e) CREDIT FEE.—With respect to each infrastructure project; and whole or in part, from tolls, user fees, or agreement for assistance under this Act, the (2) meets— other dedicated revenue sources that also se- chief executive officer may charge a credit (A) any pertinent requirements set forth in cure the infrastructure project obligations. fee to the recipient of such assistance to pay this Act; (d) ELIGIBLE INFRASTRUCTURE PROJECT for, over time, all or a portion of the Federal (B) any criteria established by the Board of COSTS.— credit subsidy determined under subsection Directors or chief executive officer in ac- (1) IN GENERAL.—Except as provided in (d), with the remainder paid by the account cordance with this Act; and paragraph (2), to be eligible for assistance established for AIFA; provided, that the (C) the definition of a transportation infra- under this Act, an infrastructure project source of fees paid under this section shall structure project, water infrastructure shall have project costs that are reasonably not be a loan or debt obligation guaranteed project, or energy infrastructure project. anticipated to equal or exceed $100,000,000. by the Federal Government. In the case of a (b) CONSIDERATIONS.—The criteria estab- (2) RURAL INFRASTRUCTURE PROJECTS.—To direct loan, such credit fee shall be in addi- lished by the Board of Directors pursuant to be eligible for assistance under this Act a tion to the base interest rate established this Act shall provide adequate consider- rural infrastructure project shall have under subsection (c). (f) MATURITY DATE.—The final maturity ation of— project costs that are reasonably anticipated date of a direct loan or loan guaranteed by (1) the economic, financial, technical, envi- to equal or exceed $25,000,000. AIFA under this Act shall be not later than ronmental, and public benefits and costs of (e) LOAN ELIGIBILITY AND MAXIMUM AMOUNTS.— 35 years after the date of substantial comple- each infrastructure project under consider- tion of the infrastructure project, as deter- ation for financial assistance under this Act, (1) IN GENERAL.—The amount of a direct loan or loan guarantee under this Act shall mined by the chief executive officer. prioritizing infrastructure projects that— (g) RATING OPINION LETTER.— not exceed the lesser of 50 percent of the rea- (A) contribute to regional or national eco- (1) IN GENERAL.—The chief executive officer sonably anticipated eligible infrastructure nomic growth; shall require each applicant for assistance project costs or, if the direct loan or loan (B) offer value for money to taxpayers; under this Act to provide a rating opinion guarantee does not receive an investment (C) demonstrate a clear and significant letter from at least 1 ratings agency, indi- grade rating, the amount of the senior public benefit; cating that the senior obligations of the in- project obligations. (D) lead to job creation; and frastructure project, which may be the Fed- (2) MAXIMUM ANNUAL LOAN AND LOAN GUAR- (E) mitigate environmental concerns; eral credit instrument, have the potential to ANTEE VOLUME.—The aggregate amount of di- (2) the means by which development of the achieve an investment-grade rating. rect loans and loan guarantees made by infrastructure project under consideration is (2) RURAL INFRASTRUCTURE PROJECTS.— AIFA in any single fiscal year may not ex- being financed, including— With respect to a rural infrastructure ceed— (A) the terms, conditions, and structure of project, a rating agency opinion letter de- (A) during the first 2 fiscal years of the op- the proposed financing; scribed in paragraph (1) shall not be re- erations of AIFA, $10,000,000,000; (B) the credit worthiness and standing of quired, except that the loan or loan guar- (B) during fiscal years 3 through 9 of the the project sponsors, providers of equity, and antee shall receive an internal rating score, operations of AIFA, $20,000,000,000; or cofinanciers; using methods similar to the ratings agen- (C) during any fiscal year thereafter, (C) the financial assumptions and projec- cies generated by AIFA, measuring the pro- $50,000,000,000. tions on which the infrastructure project is posed direct loan or loan guarantee against (f) STATE AND LOCAL PERMITS REQUIRED.— based; and comparable direct loans or loan guarantees The provision of assistance by the Board of (D) whether there is sufficient State or of similar credit quality in a similar sector. Directors pursuant to this Act shall not be municipal political support for the success- (h) INVESTMENT-GRADE RATING REQUIRE- deemed to relieve any recipient of such as- ful completion of the infrastructure project; MENT.— sistance, or the related infrastructure (3) the likelihood that the provision of as- (1) LOANS AND LOAN GUARANTEES.—The exe- sistance by AIFA will cause such develop- project, of any obligation to obtain required cution of a direct loan or loan guarantee ment to proceed more promptly and with State and local permits and approvals. under this Act shall be contingent on the lower costs than would be the case without SEC. 254. LOAN TERMS AND REPAYMENT. senior obligations of the infrastructure such assistance; (a) IN GENERAL.—A direct loan or loan project receiving an investment-grade rat- (4) the extent to which the provision of as- guarantee under this Act with respect to an ing. sistance by AIFA maximizes the level of pri- eligible infrastructure project shall be on (2) RATING OF AIFA OVERALL PORTFOLIO.— vate investment in the infrastructure project such terms, subject to such conditions, and The average rating of the overall portfolio of or supports a public-private partnership, contain such covenants, representations, AIFA shall be not less than investment while providing a significant public benefit; warranties, and requirements (including re- grade after 5 years of operation. (5) the extent to which the provision of as- quirements for audits) as the chief executive (i) TERMS AND REPAYMENT OF DIRECT sistance by AIFA can mobilize the participa- officer determines appropriate. LOANS.— tion of other financing partners in the infra- (b) TERMS.—A direct loan or loan guar- (1) SCHEDULE.—The chief executive officer structure project; antee under this Act— shall establish a repayment schedule for (6) the technical and operational viability (1) shall— each direct loan under this Act, based on the of the infrastructure project; (A) be payable, in whole or in part, from projected cash flow from infrastructure (7) the proportion of financial assistance tolls, user fees, or other dedicated revenue project revenues and other repayment from AIFA; sources that also secure the senior project sources. (8) the geographic location of the project in obligations (such as availability payments (2) COMMENCEMENT.—Scheduled loan repay- an effort to have geographic diversity of and dedicated State or local revenues); and ments of principal or interest on a direct projects funded by AIFA; (B) include a rate covenant, coverage re- loan under this Act shall commence not (9) the size of the project and its impact on quirement, or similar security feature sup- later than 5 years after the date of substan- the resources of AIFA; porting the project obligations; and tial completion of the infrastructure project,

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.023 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6203 as determined by the chief executive officer AIFA, in addition to all other provisions of (1) are sufficient to cover all or a portion of of AIFA. the loan agreement. the administrative costs to the Federal Gov- (3) DEFERRED PAYMENTS OF DIRECT LOANS.— (b) AIFA AUTHORITY ON NONCOMPLIANCE.— ernment for the operations of AIFA, includ- (A) AUTHORIZATION.—If, at any time after In any case in which a recipient of assistance ing the costs of expert firms, including coun- the date of substantial completion of an in- under this Act is materially out of compli- sel in the field of municipal and project fi- frastructure project assisted under this Act, ance with the loan agreement, or any appli- nance, and financial advisors to assist with the infrastructure project is unable to gen- cable policy or procedure of AIFA, the Board underwriting, credit analysis, or other inde- erate sufficient revenues to pay the sched- of Directors may take action to cancel un- pendent reviews, as appropriate; uled loan repayments of principal and inter- utilized loan amounts, or to accelerate the (2) may be in the form of an application or est on the direct loan under this Act, the repayment terms of any outstanding obliga- transaction fee, or other form established by chief executive officer may allow the obligor tion. the CEO; and to add unpaid principal and interest to the (c) Nothing in this Act is intended to affect (3) may be based on the risk premium asso- existing provisions of law applicable to the outstanding balance of the direct loan, if the ciated with the loan or loan guarantee, tak- planning, development, construction, or op- result would benefit the taxpayer. ing into consideration— eration of projects funded under the Act. (B) INTEREST.—Any payment deferred (A) the price of United States Treasury ob- under subparagraph (A) shall— SEC. 256. AUDITS; REPORTS TO THE PRESIDENT ligations of a similar maturity; AND CONGRESS. (i) continue to accrue interest, in accord- (B) prevailing market conditions; (a) ACCOUNTING.—The books of account of ance with the terms of the obligation, until (C) the ability of the infrastructure project AIFA shall be maintained in accordance with to support the loan or loan guarantee; and fully repaid; and generally accepted accounting principles, (ii) be scheduled to be amortized over the (D) the total amount of the loan or loan and shall be subject to an annual audit by guarantee. remaining term of the loan. independent public accountants of nation- (C) CRITERIA.— (b) AVAILABILITY OF AMOUNTS.—Amounts ally recognized standing appointed by the collected under subsections (a)(1), (a)(2), and (i) IN GENERAL.—Any payment deferral Board of Directors. (a)(3) shall be available without further ac- under subparagraph (A) shall be contingent (b) REPORTS.— on the infrastructure project meeting cri- tion; provided further, that the source of fees (1) BOARD OF DIRECTORS.—Not later than 90 paid under this section shall not be a loan or teria established by the Board of Directors. days after the last day of each fiscal year, debt obligation guaranteed by the Federal (ii) REPAYMENT STANDARDS.—The criteria the Board of Directors shall submit to the Government. established under clause (i) shall include President and Congress a complete and de- standards for reasonable assurance of repay- SEC. 258. EFFICIENCY OF AIFA. tailed report with respect to the preceding The chief executive officer shall, to the ex- ment. fiscal year, setting forth— tent possible, take actions consistent with (4) PREPAYMENT OF DIRECT LOANS.— (A) a summary of the operations of AIFA, this Act to minimize the risk and cost to the (A) USE OF EXCESS REVENUES.—Any excess for such fiscal year; taxpayer of AIFA activities. Fees and pre- revenues that remain after satisfying sched- (B) a schedule of the obligations of AIFA miums for loan guarantee or insurance cov- uled debt service requirements on the infra- and capital securities outstanding at the end erage will be set at levels that minimize ad- structure project obligations and direct loan of such fiscal year, with a statement of the ministrative and Federal credit subsidy costs and all deposit requirements under the terms amounts issued and redeemed or paid during to the Government, as defined in Section 502 of any trust agreement, bond resolution, or such fiscal year; of the Federal Credit Reform Act of 1990, as similar agreement securing project obliga- (C) the status of infrastructure projects re- amended, of such coverage, while supporting tions under this Act may be applied annually ceiving funding or other assistance pursuant achievement of the program’s objectives, to prepay the direct loan, without penalty. to this Act during such fiscal year, including consistent with policies as set forth in the (B) USE OF PROCEEDS OF REFINANCING.—A all nonperforming loans, and including dis- Business Plan. direct loan under this Act may be prepaid at closure of all entities with a development, SEC. 259. FUNDING. any time, without penalty, from the pro- ownership, or operational interest in such in- There is hereby appropriated to AIFA to ceeds of refinancing from non-Federal fund- frastructure projects; carry out this Act, for the cost of direct ing sources. (D) a description of the successes and chal- loans and loan guarantees subject to the lim- (5) SALE OF DIRECT LOANS.— lenges encountered in lending to rural com- itations under Section 253, and for adminis- (A) IN GENERAL.—As soon as is practicable munities, including the role of the Center for trative costs, $10,000,000,000, to remain avail- after substantial completion of an infra- Excellence and the Office of Rural Assist- able until expended; Provided, That such structure project assisted under this Act, ance established under this Act; and costs, including the costs of modifying such and after notifying the obligor, the chief ex- (E) an assessment of the risks of the port- loans, shall be as defined in section 502 of the ecutive officer may sell to another entity, or folio of AIFA, prepared by an independent Federal Credit Reform Act of 1990, as amend- reoffer into the capital markets, a direct source. ed; Provided further, that of this amount, loan for the infrastructure project, if the (2) GAO.—Not later than 5 years after the not more than $25,000,000 for each of fiscal chief executive officer determines that the date of enactment of this Act, the Comp- years 2012 through 2013, and not more than sale or reoffering can be made on favorable troller General of the United States shall $50,000,000 for fiscal year 2014 may be used for terms for the taxpayer. conduct an evaluation of, and shall submit administrative costs of AIFA; provided fur- (B) CONSENT OF OBLIGOR.—In making a sale to Congress a report on, activities of AIFA ther, that not more than 5 percent of such or reoffering under subparagraph (A), the for the fiscal years covered by the report amount shall be used to offset subsidy costs chief executive officer may not change the that includes an assessment of the impact associated with rural projects. Amounts au- original terms and conditions of the direct and benefits of each funded infrastructure thorized shall be available without further loan, without the written consent of the ob- project, including a review of how effectively action. ligor. each such infrastructure project accom- PART IV—EXTENSION OF EXEMPTION (j) LOAN GUARANTEES.— plished the goals prioritized by the infra- FROM ALTERNATIVE MINIMUM TAX (1) TERMS.—The terms of a loan guaranteed structure project criteria of AIFA. TREATMENT FOR CERTAIN TAX-EXEMPT by AIFA under this Act shall be consistent (c) BOOKS AND RECORDS.— BONDS with the terms set forth in this section for a (1) IN GENERAL.—AIFA shall maintain ade- SEC. 260. EXTENSION OF EXEMPTION FROM AL- direct loan, except that the rate on the guar- quate books and records to support the fi- TERNATIVE MINIMUM TAX TREAT- anteed loan and any payment, pre-payment, nancial transactions of AIFA, with a descrip- MENT FOR CERTAIN TAX-EXEMPT or refinancing features shall be negotiated tion of financial transactions and infrastruc- BONDS. between the obligor and the lender, with the ture projects receiving funding, and the (a) IN GENERAL.—Clause (vi) of section consent of the chief executive officer. amount of funding for each such project 57(a)(5)(C) of the Internal Revenue Code of (2) GUARANTEED LENDER.—A guaranteed maintained on a publically accessible data- 1986 is amended— lender shall be limited to those lenders base. (1) by striking ‘‘January 1, 2011’’ in sub- clause (I) and inserting ‘‘January 1, 2013’’; meeting the definition of that term in sec- (2) AUDITS BY THE SECRETARY AND GAO.— tion 601(a) of title 23, United States Code. The books and records of AIFA shall at all and (2) by striking ‘‘AND 2010’’ in the heading (k) COMPLIANCE WITH FCRA—IN GEN- times be open to inspection by the Secretary and inserting ‘‘, 2010, 2011, AND 2012’’. ERAL.—Direct loans and loan guarantees au- of the Treasury, the Special Inspector Gen- (b) ADJUSTED CURRENT EARNINGS.—Clause thorized by this Act shall be subject to the eral, and the Comptroller General of the (iv) of section 56(g)(4)(B) of the Internal Rev- provisions of the Federal Credit Reform Act United States. enue Code of 1986 is amended— of 1990 (2 U.S.C. 661 et seq.), as amended. PART III—FUNDING OF AIFA (1) by striking ‘‘January 1, 2011’’ in sub- SEC. 255. COMPLIANCE AND ENFORCEMENT. SEC. 257. ADMINISTRATIVE FEES. clause (I) and inserting ‘‘January 1, 2013’’; (a) CREDIT AGREEMENT.—Notwithstanding (a) IN GENERAL.—In addition to fees that and any other provision of law, each eligible en- may be collected under section 254(e), the (2) by striking ‘‘AND 2010’’ in the heading tity that receives assistance under this Act chief executive officer shall establish and and inserting ‘‘, 2010, 2011, AND 2012’’. from AIFA shall enter into a credit agree- collect fees from eligible funding recipients (c) EFFECTIVE DATE.—The amendments ment that requires such entity to comply with respect to loans and loan guarantees made by this section shall apply to obliga- with all applicable policies and procedures of under this Act that— tions issued after December 31, 2010.

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Subtitle G—Project Rebuild 150 days of enactment of this Act. Any eligi- (5) ON DEMOLITION ACTIVITIES.—No more SEC. 261. PROJECT REBUILD. ble entity that receives amounts pursuant to than 10 percent of any grant made under this (a) DIRECT APPROPRIATIONS.—There is ap- this section shall expend all funds allocated section may be used for demolition activities propriated, out of any money in the Treas- to it within three years of the date the funds unless the Secretary determines that such ury not otherwise appropriated, become available to the grantee for obliga- use represents an appropriate response to $15,000,000,000, to remain available until Sep- tion. Furthermore, the Secretary shall by local market conditions. tember 30, 2014, for assistance to eligible en- Notice establish intermediate expenditure (6) ON USE OF FUNDS FOR NON-RESIDENTIAL tities including States and units of general benchmarks at the one and two year dates PROPERTY.—No more than 30 percent of any local government (as such terms are defined from the date the funds become available to grant made under this section may be used in section 102 of the Housing and Community the grantee for obligation. for eligible activities under subparagraphs Development Act of 1974 (42 U.S.C. 5302)), and (2) PRIORITIES.— (A), (B), and (E) of subsection (c)(3) that will (A) JOB CREATION.—Each grantee or eligi- not result in residential use of the property qualified nonprofit organizations, businesses ble entity shall describe how its proposed use involved unless the Secretary determines or consortia of eligible entities for the rede- of funds will prioritize job creation, and sec- that such use represents an appropriate re- velopment of abandoned and foreclosed-upon ondly, will address goals to stabilize neigh- sponse to local market conditions. properties and for the stabilization of af- borhoods, reverse vacancy, or increase or (e) RULES OF CONSTRUCTION.— fected neighborhoods. stabilize residential and commercial prop- (1) IN GENERAL.—Except as otherwise pro- (b) ALLOCATION OF APPROPRIATED erty values. vided by this section, amounts appropriated, AMOUNTS.— (B) TARGETING.—Any State or unit of gen- revenues generated, or amounts otherwise (1) IN GENERAL.—Of the amounts appro- eral local government that receives formula made available to eligible entities under this priated, two thirds shall be allocated to amounts pursuant to this section shall, in section shall be treated as though such funds States and units of general local government distributing and targeting such amounts were community development block grant based on a funding formula established by give priority emphasis and consideration to funds under title I of the Housing and Com- the Secretary of Housing and Urban Develop- those metropolitan areas, metropolitan cit- munity Development Act of 1974 (42 U.S.C. ment (in this subtitle referred to as the ies, urban areas, rural areas, low- and mod- 5301 et seq.). ‘‘Secretary’’). Of the amounts appropriated, erate-income areas, and other areas with the (2) NO MATCH.—No matching funds shall be one third shall be distributed competitively greatest need, including those— required in order for an eligible entity to re- to eligible entities. (i) with the greatest percentage of home ceive any amounts under this section. (2) FORMULA TO BE DEVISED SWIFTLY.—The foreclosures; (3) TENANT PROTECTIONS.—An eligible enti- funding formula required under paragraph (1) (ii) identified as likely to face a significant ty receiving a grant under this section shall shall be established and the Secretary shall rise in the rate of residential or commercial comply with the 14th, 17th, 18th, 19th, 20th, announce formula funding allocations, not foreclosures; and 21st, 22nd and 23rd provisos of the American later than 30 days after the date of enact- (iii) with higher than national average un- Recovery and Reinvestment Act of 2009 (Pub- ment of this section. employment rate. lic Law 111–5, 123 Stat. 218–19), as amended by (3) FORMULA CRITERIA.—The Secretary may (C) LEVERAGE.—Each grantee or eligible section 1497(b)(2) of the Dodd-Frank Wall establish a minimum grant size, and the entity shall describe how its proposed use of Street Reform and Consumer Protection Act funding formula required under paragraph (1) funds will leverage private funds. (Public Law 111–203, 124 Stat. 2211). shall ensure that any amounts appropriated (3) ELIGIBLE USES.—Amounts made avail- (4) VICINITY HIRING.—An eligible entity re- or otherwise made available under this sec- able under this section may be used to— ceiving a grant under this section shall com- tion are allocated to States and units of gen- (A) establish financing mechanisms for the ply with section 1497(a)(8) of the Dodd-Frank eral local government with the greatest purchase and redevelopment of abandoned Wall Street Reform and Consumer Protec- need, as such need is determined in the dis- and foreclosed-upon properties, including tion Act (Public Law 111–203, 129 Stat. 2210). cretion of the Secretary based on— such mechanisms as soft-seconds, loan loss (5) BUY AMERICAN.—Section 1605 of Title (A) the number and percentage of home reserves, and shared-equity loans for low- XVI—General Provisions of the American foreclosures in each State or unit of general and moderate-income homebuyers; Recovery and Reinvestment Act of 2009— local government; (B) purchase and rehabilitate properties shall apply to amounts appropriated, reve- (B) the number and percentage of homes in that have been abandoned or foreclosed nues generated, and amounts otherwise made default or delinquency in each State or unit upon, in order to sell, rent, or redevelop such available to eligible entities under this sec- of general local government; and properties; tion. (C) other factors such as established pro- (C) establish and operate land banks for (f) AUTHORITY TO SPECIFY ALTERNATIVE gram designs, grantee capacity and perform- properties that have been abandoned or fore- REQUIREMENTS.— ance, number and percentage of commercial closed upon; (1) IN GENERAL.—In administering the pro- foreclosures, overall economic conditions, (D) demolish blighted structures; gram under this section, the Secretary may and other market needs data, as determined (E) redevelop abandoned, foreclosed, de- specify alternative requirements to any pro- by the Secretary. molished, or vacant properties; and vision under title I of the Housing and Com- (4) COMPETITION CRITERIA.— (F) engage in other activities, as deter- munity Development Act of 1974 or under (A) For the funds distributed competi- mined by the Secretary through notice, that title I of the Cranston-Gonzalez National Af- tively, eligible entities shall be States, units are consistent with the goals of creating fordable Housing Act of 1990 (except for those of general local government, nonprofit enti- jobs, stabilizing neighborhoods, reversing va- provisions in these laws related to fair hous- ties, for-profit entities, and consortia of eli- cancy reduction, and increasing or stabi- ing, nondiscrimination, labor standards, and gible entities that demonstrate capacity to lizing residential and commercial property the environment) for the purpose of expe- use funding within the period of this pro- values. diting and facilitating the use of funds under gram. (d) LIMITATIONS.— this section. (B) In selecting grantees, the Secretary (1) ON PURCHASES.—Any purchase of a prop- (2) NOTICE.—The Secretary shall provide shall ensure that grantees are in areas with erty under this section shall be at a price not written notice of intent to the public via the greatest number and percentage of resi- to exceed its current market value, taking internet to exercise the authority to specify dential and commercial foreclosures and into account its current condition. alternative requirements under paragraph. other market needs data, as determined by (2) REHABILITATION.—Any rehabilitation of (3) LOW AND MODERATE INCOME REQUIRE- the Secretary. Additional award criteria an eligible property under this section shall MENT.— shall include demonstrated grantee capacity be to the extent necessary to comply with (A) IN GENERAL.—Notwithstanding the au- to execute projects involving acquisition and applicable laws, and other requirements re- thority of the Secretary under paragraph rehabilitation or redevelopment of foreclosed lating to safety, quality, marketability, and (1)— residential and commercial property and habitability, in order to sell, rent, or rede- (i) all of the formula and competitive neighborhood stabilization, leverage, knowl- velop such properties or provide a renewable grantee funds appropriated or otherwise edge of market conditions and of effective energy source or sources for such properties. made available under this section shall be stabilization activities to address identified (3) SALE OF HOMES.—If an abandoned or used with respect to individuals and families conditions, and any additional factors deter- foreclosed-upon home is purchased, redevel- whose income does not exceed 120 percent of mined by the Secretary. oped, or otherwise sold to an individual as a area median income; and (C) The Secretary may establish a min- primary residence, then such sale shall be in (ii) not less than 25 percent of the formula imum grant size; and an amount equal to or less than the cost to and competitive grantee funds appropriated (D) The Secretary shall publish competi- acquire and redevelop or rehabilitate such or otherwise made available under this sec- tion criteria for any grants awarded under home or property up to a decent, safe, mar- tion shall be used for the purchase and rede- this heading not later than 60 days after ap- ketable, and habitable condition. velopment of eligible properties that will be propriation of funds, and applications shall (4) ON DEMOLITION OF PUBLIC HOUSING.— used to house individuals or families whose be due to the Secretary within 120 days. Public housing, as defined at section 3(b)(6) incomes do not exceed 50 percent of area me- (c) USE OF FUNDS.— of the United States Housing Act of 1937, dian income. (1) OBLIGATION AND EXPENDITURE.—The may not be demolished with funds under this (B) RECURRENT REQUIREMENT.—The Sec- Secretary shall obligate all funding within section. retary shall, by rule or order, ensure, to the

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.023 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6205 maximum extent practicable and for the tablish and implement procedures to prevent (11) NTIA.—The term ‘‘NTIA’’ means the longest feasible term, that the sale, rental, fraud and abuse of funds under this section, National Telecommunications and Informa- or redevelopment of abandoned and fore- and shall impose a requirement that grant- tion Administration. closed-upon homes and residential properties ees have an internal auditor to continuously (12) PUBLIC SAFETY ENTITY.—The term under this section remain affordable to indi- monitor grantee performance to prevent ‘‘public safety entity’’ means an entity that viduals or families described in subparagraph fraud, waste, and abuse. Grantees shall pro- provides public safety services. (A). vide the Secretary and citizens with quar- (13) PUBLIC SAFETY SERVICES.—The term (g) NATIONWIDE DISTRIBUTION OF RE- terly progress reports. The Secretary shall ‘‘public safety services’’— SOURCES.—Notwithstanding any other provi- recapture funds from formula and competi- (A) has the meaning given the term in sec- sion of this section or the amendments made tive grantees that do not expend 100 percent tion 337(f) of the Communications Act of 1934 by this section, each State shall receive not of allocated funds within 3 years of the date (47 U.S.C. 337(f)); and less than $20,000,000 of formula funds. that funds become available, and from (B) includes services provided by emer- (h) LIMITATION ON USE OF FUNDS WITH RE- underperforming or mismanaged grantees, gency response providers, as that term is de- SPECT TO EMINENT DOMAIN.—No State or unit and shall re-allocate those funds by formula fined in section 2 of the Homeland Security of general local government may use any to target areas with the greatest need, as de- Act of 2002 (6 U.S.C. 101). amounts received pursuant to this section to termined by the Secretary through notice. PART I—AUCTIONS OF SPECTRUM AND fund any project that seeks to use the power The Secretary may take an alternative sanc- SPECTRUM MANAGEMENT of eminent domain, unless eminent domain tions action only upon determining that is employed only for a public use, which such action is necessary to achieve program SEC. 272. CLARIFICATION OF AUTHORITIES TO shall not be construed to include economic goals in a timely manner. REPURPOSE FEDERAL SPECTRUM development that primarily benefits private (n) The Secretary of Housing and Urban FOR COMMERCIAL PURPOSES. entities. Development shall to the extent feasible (a) Paragraph (1) of subsection 113(g) of the (i) LIMITATION ON DISTRIBUTION OF FUNDS.— conform policies and procedures for grants National Telecommunications and Informa- (1) IN GENERAL.—None of the funds made made under this section to the policies and tion Administration Organization Act (47 available under this title or title IV shall be practices already in place for the grants U.S.C. 923(g)(1)) is amended by striking para- distributed to— made under Section 2301 of the Housing and graph (1) and inserting the following: (A) an organization which has been in- Economic Recovery Act of 2008; Division A, ‘‘(1) ELIGIBLE FEDERAL ENTITIES.—Any Fed- dicted for a violation under Federal law re- Title XII of the American Recovery and Re- eral entity that operates a Federal Govern- lating to an election for Federal office; or investment Act of 2009; or Section 1497 of the ment station authorized to use a band of fre- (B) an organization which employs applica- Dodd-Frank Wall Street Reform and Con- quencies specified in paragraph (2) and that ble individuals. sumer Protection Act. incurs relocation costs because of planning (2) APPLICABLE INDIVIDUALS DEFINED.—In Subtitle H—National Wireless Initiative for a potential auction of spectrum fre- this section, the term ‘‘applicable indi- quencies, a planned auction of spectrum fre- vidual’’ means an individual who— SEC. 271. DEFINITIONS. In this subtitle, the following definitions quencies or the reallocation of spectrum fre- (A) is— quencies from Federal use to exclusive non- (i) employed by the organization in a per- shall apply: (1) 700 MHZ BAND.—The term ‘‘700 MHz Federal use, or shared Federal and non-Fed- manent or temporary capacity; eral use may receive payment for such costs (ii) contracted or retained by the organiza- band’’ means the portion of the electro- magnetic spectrum between the frequencies from the Spectrum Relocation Fund, in ac- tion; or cordance with section 118 of this Act. For (iii) acting on behalf of, or with the express from 698 megahertz to 806 megahertz. (2) 700 MHZ D BLOCK SPECTRUM.—The term purposes of this paragraph, Federal power or apparent authority of, the organization; agencies exempted under subsection (c)(4) and ‘‘700 MHz D block spectrum’’ means the por- tion of the electromagnetic spectrum fre- that choose to relocate from the frequencies (B) has been indicted for a violation under identified for reallocation pursuant to sub- Federal law relating to an election for Fed- quencies from 758 megahertz to 763 mega- hertz and from 788 megahertz to 793 mega- section (a), are eligible to receive payment eral office. under this paragraph.’’. (j) RENTAL HOUSING PREFERENCES.—Each hertz. (b) ELIGIBLE FREQUENCIES.—Section State and local government receiving for- (3) APPROPRIATE COMMITTEES OF CON- 113(g)(2)(B) of the National Telecommuni- mula amounts shall establish procedures to GRESS.—Except as otherwise specifically pro- cations and Information Administration Or- create preferences for the development of af- vided, the term ‘‘appropriate committees of ganization Act (47 U.S.C. 923(g)(2)) is amend- fordable rental housing. Congress’’ means— ed by deleting and replacing subsection (B) (k) JOB CREATION.—If a grantee chooses to (A) the Committee on Commerce, Science, use funds to create jobs by establishing and and Transportation of the Senate; and with the following: operating a program to maintain eligible (B) the Committee on Energy and Com- ‘‘(B) any other band of frequencies reallo- neighborhood properties, not more than 10 merce of the House of Representatives. cated from Federal use to non-Federal or percent of any grant may be used for that (4) ASSISTANT SECRETARY.—The term ‘‘As- shared use after January 1, 2003, that is as- purpose. sistant Secretary’’ means the Assistant Sec- signed by competitive bidding pursuant to (l) PROGRAM SUPPORT AND CAPACITY BUILD- retary of Commerce for Communications and section 309(j) of the Communications Act of ING.—The Secretary may use up to 0.75 per- Information. 1934 (47 U.S.C. 309(j)) or is assigned as a re- cent of the funds appropriated for capacity (5) COMMISSION.—The term ‘‘Commission’’ sult of later legislation or other administra- building of and support for eligible entities means the Federal Communications Com- tive direction.’’. and grantees undertaking neighborhood sta- mission. (c) Paragraph (3) of subsection 113(g) of the bilization programs, staffing, training, tech- (6) CORPORATION.—The term ‘‘Corporation’’ National Telecommunications and Informa- nical assistance, technology, monitoring, means the Public Safety Broadband Corpora- tion Administration Organization Act (47 travel, enforcement, research and evaluation tion established in section 284. U.S.C. 923(g)(3)) is amended by striking it in activities. (7) EXISTING PUBLIC SAFETY BROADBAND its entirety and replacing it with the fol- (1) Funds set aside for the purposes of this SPECTRUM.—The term ‘‘existing public safety lowing: subparagraph shall remain available until broadband spectrum’’ means the portion of ‘‘(3) DEFINITION OF RELOCATION AND SHARING September 30, 2016; the electromagnetic spectrum between the COSTS.—For purposes of this subsection, the (2) Any funds made available under this frequencies— terms ‘relocation costs’ and ‘sharing costs’ subparagraph and used by the Secretary for (A) from 763 megahertz to 768 megahertz; mean the costs incurred by a Federal entity personnel expenses related to administering (B) from 793 megahertz to 798 megahertz; to plan for a potential or planned auction or funding under this subparagraph shall be (C) from 768 megahertz to 769 megahertz; sharing of spectrum frequencies and to transferred to ‘‘Personnel Compensation and and achieve comparable capability of systems, Benefits, Community Planning and Develop- (D) from 798 megahertz to 799 megahertz. regardless of whether that capability is ment’’; (8) FEDERAL ENTITY.—The term ‘‘Federal achieved by relocating to a new frequency (3) Any funds made available under this entity’’ has the same meaning as in section assignment, relocating a Federal Govern- subparagraph and used by the Secretary for 113(i) of the National Telecommunications ment station to a different geographic loca- training or other administrative expenses and Information Administration Organiza- tion, modifying Federal government equip- shall be transferred to ‘‘Administration, Op- tion Act (47 U.S.C. 923(i)). ment to mitigate interference or use less erations, and Management, Community (9) NARROWBAND SPECTRUM.—The term spectrum, in terms of bandwidth, geography Planning and Development’’ for non-per- ‘‘narrowband spectrum’’ means the portion or time, and thereby permitting spectrum sonnel expenses; and of the electromagnetic spectrum between the sharing (including sharing among relocated (4) Any funds made available under this frequencies from 769 megahertz to 775 mega- Federal entities and incumbents to make subparagraph and used by the Secretary for hertz and between the frequencies from 799 spectrum available for non-Federal use) or technology shall be transferred to ‘‘Working megahertz to 805 megahertz. relocation, or by utilizing an alternative Capital Fund’’. (10) NIST.—The term ‘‘NIST’’ means the technology. Comparable capability of sys- (m) ENFORCEMENT AND PREVENTION OF National Institute of Standards and Tech- tems includes the acquisition of state-of-the- FRAUD AND ABUSE.—The Secretary shall es- nology. art replacement systems intended to meet

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.024 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6206 CONGRESSIONAL RECORD — SENATE October 5, 2011 comparable operational scope, which may in- (e) Section 118 of such Act (47 U.S.C. 928) is date of enactment are hereby appropriated clude incidental increases in functionality. amended by: and available at the discretion of the Direc- Such costs include— (1) In subsection (b), adding at the end, tor of the Office of Management and Budget, ‘‘(A) the costs of any modification or re- ‘‘and any payments made by non-Federal en- in consultation with the Assistant Secretary placement of equipment, spares, associated tities for access to Federal spectrum pursu- for Communications and Information, for ancillary equipment, software, facilities, op- ant to 47 U.S.C. 113(g)(7)’’; payment to the eligible Federal entities, in erating manuals, training costs, or regula- (2) replacing subsection (c) with the fol- addition to the relocation and sharing costs tions that are attributable to relocation or lowing: defined in paragraph (3) of subsection 923(g), sharing; ‘‘The amounts in the Fund from auctions for the purpose of encouraging timely access ‘‘(B) the costs of all engineering, equip- of eligible frequencies are authorized to be to those frequencies, provided that: ment, software, site acquisition and con- used to pay relocation costs, as defined in ‘‘(1) Such payments may be based on the struction costs, as well as any legitimate section (g)(3) of this title, of an eligible Fed- market value of the spectrum, timeliness of and prudent transaction expense, including eral entity incurring such costs with respect clearing, and needs for agencies’ essential term-limited Federal civil servant and con- to relocation from any eligible frequency. In missions; tractor staff necessary, which may be re- addition, the amounts in the Fund from pay- ‘‘(2) Such payments are authorized for: newed, to carry out the relocation activities ments by non-Federal entities for access to ‘‘(A) the purposes of achieving enhanced of an eligible Federal entity, and reasonable Federal spectrum are authorized to be used capabilities of systems that are affected by additional costs incurred by the Federal en- to pay Federal costs associated with such the activities specified in subparagraphs (A) tity that are attributable to relocation or sharing, as defined in section (g)(3) of this through (F) of paragraph (3) of subsection sharing, including increased recurring costs title. The Director of the Office of Manage- 923(g) of this title; and above recurring costs of the system before ment and Budget (OMB) may transfer at any ‘‘(B) other communications, radar and relocation for the remaining estimated life time (including prior to any auction or con- spectrum-using investments not directly af- of the system being relocated; templated auction, or sharing initiative) fected by such reallocation or sharing but es- ‘‘(C) the costs of research, engineering such sums as may be available in the Fund sential for the missions of the Federal entity studies, economic analyses, or other ex- to an eligible Federal entity to pay eligible that is relocating its systems or sharing fre- penses reasonably incurred in connection relocation or sharing costs related to pre- quencies; with (i) calculating the estimated relocation auction estimates or research as defined in ‘‘(3) The increase to the Fund due to any costs that are provided to the Commission subparagraph (C) of section 923(g)(3) of this one auction after any payment is not less pursuant to paragraph (4) of this subsection, title. However, the Director may not trans- than 10 percent of the winning bids in the or in calculating the estimated sharing fer more than $100,000,000 associated with au- relevant auction, or is not less than 10 per- costs; (ii) determining the technical or oper- thorized pre-auction activities before an auc- cent of the payments from non-Federal enti- ational feasibility of relocation to one or tion is completed and proceeds are deposited ties in the relevant sharing agreement; more potential relocation bands; or (iii) in the Spectrum Relocation Fund. Within ‘‘(4) Payments to eligible entities must be planning for or managing a relocation or the $100,000,000 that may be transferred be- based on the proceeds generated in the auc- sharing project (including spectrum coordi- fore an auction, the Director of OMB may tion that an eligible entity participates in; nation with auction winners) or potential re- transfer up to $10,000,000 in total to eligible and location or sharing project; federal entities for eligible relocation or ‘‘(5) Such payments will not be made until ‘‘(D) the one-time costs of any modifica- sharing costs related to pre-auction esti- 30 days after the Director of OMB has noti- tion of equipment reasonably necessary to mates or research as defined in subparagraph fied the Committees on Appropriations and accommodate commercial use of shared fre- (C) of section 923(g)(3) of this title for costs Commerce, Science, and Transportation of quencies or, in the case of frequencies reallo- incurred prior to the enactment of this legis- the Senate, and the Committees on Appro- cated to exclusive commercial use, prior to lation, but after June 28th, 2010. These priations and Energy and Commerce of the the termination of the Federal entity’s pri- amounts transferred pursuant to the pre- House of Representatives.’’. mary allocation or protected status, when vious proviso are in addition to amounts (f) Subparagraph D of section 309 (j)(8) of the eligible frequencies as defined in para- that the Director of OMB may transfer after the Communications Act of 1934 (47 U.S.C. graph (2) of this subsection are made avail- the enactment of this legislation.’’; 309(j)(8)(D)) is amended by adding ‘‘, after the able for private sector uses by competitive (3) amending subsection (d)(1) to add, ‘‘and retention of revenue described in subpara- bidding and a Federal entity retains primary sharing’’ before ‘‘costs’’; graph (B),’’ before ‘‘attributable’’ and ‘‘and allocation or protected status in those fre- (4) amending subsection (d)(2)(B) to add, frequencies identified by the Federal Com- quencies for a period of time after the com- ‘‘and sharing’’ before ‘‘costs’’, and adding at munications Commission to be auctioned in pletion of the competitive bidding process; the end, ‘‘and sharing’’; conjunction with eligible frequencies de- ‘‘(E) the costs associated with the acceler- (5) replacing subsection (d)(3) with the fol- scribed in 47 U.S.C. 923(g)(2)’’ before the first ated replacement of systems and equipment lowing: ‘‘shall’’ in the subparagraph. if such acceleration is necessary to ensure ‘‘Any amounts in the Fund that are re- (g) If the head of an executive agency of the timely relocation of systems to a new maining after the payment of the relocation the Federal Government determines that frequency assignment or the timely accom- and sharing costs that are payable from the public disclosure of any information con- modation of sharing of Federal frequencies; Fund shall revert to and be deposited in the tained in notifications and reports required and general fund of the Treasury not later than by sections 923 or 928 of Title 47 of the United ‘‘(F) the costs of the use of commercial 15 years after the date of the deposit of such States Code would reveal classified national systems and services (including systems not proceeds to the Fund, unless the Director of security information or other information utilizing spectrum) to replace Federal sys- OMB, in consultation with the Assistant for which there is a legal basis for nondisclo- tems discontinued or relocated pursuant to Secretary for Communications and Informa- sure and such public disclosure would be det- this Act, including lease, subscription, and tion, notifies the Committees on Appropria- rimental to national security, homeland se- equipment costs over an appropriate period, tions and Energy and Commerce of the curity, public safety, or jeopardize law en- such as the anticipated life of an equivalent House of Representatives and the Commit- forcement investigations the head of the ex- Federal system or other period determined tees on Appropriations and Commerce, ecutive agency shall notify the NTIA of that by the Director of the Office of Management Science, and Transportation of the Senate at determination prior to release of such infor- and Budget.’’. least 60 days in advance of the reversion of mation. In that event, such information (d) A new subsection (7) is added to Section the funds to the general fund of the Treasury shall be included in a separate annex, as 113(g) as follows: that such funds are needed to complete or to needed and to the extent the agency head de- ‘‘(7) SPECTRUM SHARING.—Federal entities implement current or future relocations or termines is consistent with national security are permitted to allow access to their fre- sharing initiatives.’’; or law enforcement purposes. These annexes quency assignments by non-Federal entities (6) amending subsection (e)(2) by adding shall be provided to the appropriate sub- upon approval of the terms of such access by ‘‘and sharing’’ before ‘‘costs’’; by adding ‘‘or committee in accordance with applicable NTIA, in consultation with the Office of sharing’’ before ‘‘is complete’’; and by adding stipulations, but shall not be disclosed to the Management and Budget. Such non-Federal ‘‘or sharing’’ before ‘‘in accordance’’; and public or provided to any unauthorized per- entities must comply with all applicable (7) adding a new subsection at the end son through any other means. rules of the Commission and NTIA, including thereof: SEC. 273. INCENTIVE AUCTION AUTHORITY. any regulations promulgated pursuant to ‘‘(f) Notwithstanding subsections (c) (a) Paragraph (8) of section 309(j) of the this section. Remuneration associated with through (e) of this section and after the Communications Act of 1934 (47 U.S.C. 309(j)) such access shall be deposited into the Spec- amount specified in subsection (b), up to is amended— trum Relocation Fund. Federal entities that twenty percent of the amounts deposited in (1) in subparagraph (A), by deleting ‘‘and incur costs as a result of such access are eli- the Spectrum Relocation Fund from the auc- (E)’’ and inserting ‘‘(E) and (F)’’ after ‘‘sub- gible for payment from the Fund for the pur- tion of licenses following the date of enact- paragraphs (B), (D),’’; and poses specified in subsection (3) of this sec- ment of this section for frequencies vacated (2) by adding at the end the following new tion. The revenue associated with such ac- by Federal entities, or up to twenty percent subparagraphs: cess must be at least 110 percent of the esti- of the amounts paid by non-Federal entities ‘‘(F) Notwithstanding any other provision mated Federal costs.’’. for sharing of Federal spectrum, after the of law, if the Commission determines that it

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.024 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6207 is consistent with the public interest in uti- ‘‘(II) for a period not to exceed 18 months of this subtitle, the Assistant Secretary lization of the spectrum for a licensee to vol- following the later of— shall identify and make available for imme- untarily relinquish some or all of its licensed ‘‘(aa) the completion of incentive auction diate reallocation, at a minimum, 15 mega- spectrum usage rights in order to permit the from which such amounts were derived; hertz of contiguous spectrum at frequencies assignment of new initial licenses through a ‘‘(bb) the date on which the Commission located between 1675 megahertz and 1710 competitive bidding process subject to new issues all the new channel assignments pur- megahertz, inclusive, minus the geographic service rules, or the designation of spectrum suant to any repacking required under sub- exclusion zones, or any amendment thereof, for unlicensed use, the Commission may pay paragraph (F)(ii); or identified in NTIA’s October 2010 report enti- to such licensee a portion of any auction pro- ‘‘(cc) the issuance of a construction permit tled ‘‘An Assessment of Near-Term Viability ceeds that the Commission determines, in its by the Commission for a station to change of Accommodating Wireless Broadband Sys- discretion, are attributable to the spectrum channels, geographic locations, to collocate tems in 1675–1710 MHz, 1755–1780 MHz, 3500– usage rights voluntarily relinquished by on the same channel or notification by a sta- 3650 MHz, and 4200–4220 MHz, 4380–4400 MHz such licensee. If the Commission also deter- tion to the Assistant Secretary that it is im- Bands’’, to be made available for realloca- mines that it is in the public interest to pacted by such a change; and tion or sharing with incumbent Government modify the spectrum usage rights of any in- ‘‘(III) without further appropriation. operations. cumbent licensee in order to facilitate the ‘‘(v) USE OF FUNDS.—Amounts in the Incen- (b) AUCTION.—Not later than January 31, assignment of such new initial licenses sub- tive Auction Relocation Fund may only be 2016, the Commission shall conduct, in such ject to new service rules, or the designation used by the NTIA, in consultation with the combination as deemed appropriate by the of spectrum for unlicensed use, the Commis- Commission, to cover— Commission, the auctions of the following li- sion may pay to such licensee a portion of ‘‘(I) the reasonable costs of television censes covering at least the frequencies de- the auction proceeds for the purpose of relo- broadcast stations that are relocated to a scribed in this section, by commencing the cating to any alternative frequency or loca- different spectrum channel or geographic lo- bidding for: tion that the Commission may designate; cation following an incentive auction under (1) The spectrum between the frequencies Provided, however, that with respect to fre- subparagraph (F), or that are impacted by of 1915 megahertz and 1920 megahertz, inclu- quency bands between 54 megahertz and 72 such relocations, including to cover the cost sive. megahertz, 76 megahertz and 88 megahertz, of new equipment, installation, and con- (2) The spectrum between the frequencies 174 megahertz and 216 megahertz, and 470 struction; and of 1995 megahertz and 2000 megahertz, inclu- megahertz and 698 megahertz (‘the specified ‘‘(II) the costs incurred by multichannel sive. bands’), any spectrum made available for al- video programming distributors for new (3) The spectrum between the frequencies ternative use utilizing payments authorized equipment, installation, and construction re- of 2020 megahertz and 2025 megahertz, inclu- under this subsection shall be assigned via lated to the carriage of such relocated sta- sive. the competitive bidding process until the tions or the carriage of stations that volun- (4) The spectrum between the frequencies winning bidders for licenses covering at least tarily elect to share a channel, but retain of 2155 megahertz and 2175 megahertz, inclu- 84 megahertz from the specified bands de- their existing rights to carriage pursuant to sive. posit the full amount of their bids in accord- sections 338, 614, and 615.’’. (5) The spectrum between the frequencies ance with the Commission’s instructions. In SEC. 274. REQUIREMENTS WHEN REPURPOSING of 2175 megahertz and 2180 megahertz, inclu- addition, if more than 84 megahertz of spec- CERTAIN MOBILE SATELLITE SERV- sive. trum from the specified bands is made avail- ICES SPECTRUM FOR TERRESTRIAL (6) At least 25 megahertz of spectrum be- able for alternative use utilizing payments BROADBAND USE. tween the frequencies of 1755 megahertz and under this subsection, and such spectrum is To the extent that the Commission makes 1850 megahertz, minus appropriate geo- assigned via competitive bidding, a portion available terrestrial broadband rights on graphic exclusion zones if necessary, unless of the proceeds may be disbursed to licensees spectrum primarily licensed for mobile sat- the President of the United States deter- of other frequency bands for the purpose of ellite services, the Commission shall recover mines that— making additional spectrum available, pro- a significant portion of the value of such (A) such spectrum should not be reallo- vided that a majority of such additional right either through the authority provided cated due to the need to protect incumbent spectrum is assigned via competitive bid- in section 309(j) of the Communications Act Federal operations; or reallocation must be ding. Also, provided that in exercising the of 1934 (47 U.S.C. 309(j)) or by section 278 of delayed or progressed in phases to ensure authority provided under this section: this subtitle. protection or continuity of Federal oper- ‘‘(i) The Chairman of the Commission, in SEC. 275. PERMANENT EXTENSION OF AUCTION ations; and consultation with the Director of OMB, shall AUTHORITY. (B) allocation of other spectrum— notify the Committees on Appropriations Section 309(j)11 of the Communications Act (i) better serves the public interest, con- and Commerce, Science, and Transportation of 1934 (47 U.S.C. 309 (j)(11)) is repealed. venience, and necessity; and of the Senate, and the Committees on Appro- SEC. 276. AUTHORITY TO AUCTION LICENSES FOR (ii) can reasonably be expected to produce priations and Energy and Commerce of the DOMESTIC SATELLITE SERVICES. receipts comparable to auction of spectrum House of Representatives of the methodology Section 309(j) of the Communications Act frequencies identified in this paragraph. for calculating such payments to licensees at of 1934 is amended by adding the following (7) The Commission may substitute alter- least 3 months in advance of the relevant new subsection at the end thereof: native spectrum frequencies for the spec- auction, and that such methodology consider ‘‘(17) Notwithstanding any other provision trum frequencies identified in paragraphs (1) the value of spectrum vacated in its current of law, the Commission shall use competitive through (5) of this subsection, if the Commis- use and the timeliness of clearing; and bidding under this subsection to assign any sion determines that alternative spectrum ‘‘(ii) Notwithstanding subparagraph (A), license, construction permit, reservation, or would better serve the public interest and and except as provided in subparagraphs (B), similar authorization or modification there- the Office of Management and Budget cer- (C), and (D), all proceeds (including deposits of, that may be used solely or predominantly tifies that such alternative spectrum fre- and up front payments from successful bid- for domestic satellite communications serv- quencies are reasonably expected to produce ders) from the auction of spectrum under ices, including satellite-based television or receipts comparable to auction of the spec- this section and section 106 of this Act shall radio services. A service is defined to be pre- trum frequencies identified in paragraphs (1) be deposited with the Public Safety Trust dominantly for domestic satellite commu- through (5) of this subsection. Fund established under section 217 of this nications services if the majority of cus- (c) AUCTION ORGANIZATION.—The Commis- Act. tomers that may be served are located with- sion may, if technically feasible and con- ‘‘(G) ESTABLISHMENT OF INCENTIVE AUCTION in the geographic boundaries of the United sistent with the public interest, combine the RELOCATION FUND.— States. The Commission may, however, use spectrum identified in paragraphs (4), (5), ‘‘(i) IN GENERAL.—There is established in an alternative approach to assignment of and the portion of paragraph (6) between the the Treasury of the United States a fund to such licenses or similar authorities if it finds frequencies of 1755 megahertz and 1850 mega- be known as the ‘Incentive Auction Reloca- that such an alternative to competitive bid- hertz, inclusive, of subsection (b) in an auc- tion Fund’. ding would serve the public interest, conven- tion of licenses for paired spectrum blocks. ‘‘(ii) ADMINISTRATION.—The Assistant Sec- ience, and necessity. This paragraph shall be (d) FURTHER REALLOCATION OF CERTAIN retary shall administer the Incentive Auc- effective on the date of its enactment and OTHER SPECTRUM.— tion Relocation Fund using the amounts de- shall apply to all Commission assignments (1) COVERED SPECTRUM.—For purposes of posited pursuant to this section. or reservations of spectrum for domestic sat- this subsection, the term ‘‘covered spec- ‘‘(iii) CREDITING OF RECEIPTS.—There shall ellite services, including, but not limited to, trum’’ means the portion of the electro- be deposited into or credited to the Incentive all assignments or reservations for satellite- magnetic spectrum between the frequencies Auction Relocation Fund any amounts speci- based television or radio services as of the of 3550 to 3650 megahertz, inclusive, minus fied in section 217 of this Act. effective date.’’. the geographic exclusion zones, or any ‘‘(iv) AVAILABILITY.—Amounts in the In- SEC. 277. DIRECTED AUCTION OF CERTAIN SPEC- amendment thereof, identified in NTIA’s Oc- centive Auction Relocation Fund shall be TRUM. tober 2010 report entitled ‘‘An Assessment of available to the NTIA for use— (a) IDENTIFICATION OF SPECTRUM.—Not Near-Term Viability of Accommodating ‘‘(I) without fiscal year limitation; later than 1 year after the date of enactment Wireless Broadband Systems in 1675–1710

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.024 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6208 CONGRESSIONAL RECORD — SENATE October 5, 2011 MHz, 1755–1780 MHz, 3500–3650 MHz, and 4200– ding or not, the Commission may, where other change in a spectrum-based service or 4220 MHz, 4380–4400 MHz Bands’’. warranted, establish, assess, and collect an- use, including changes in the nature of a (2) IN GENERAL.—Consistent with require- nual user fees on holders of spectrum li- spectrum-based service or use as a con- ments of section 309(j) of the Communica- censes or construction permits, including sequence of Commission rulemaking pro- tions Act of 1934, the Commission shall re- their successors or assignees, in order to pro- ceedings or changes in law. Any resulting allocate covered spectrum for assignment by mote efficient and effective use of the elec- changes in the classes of spectrum licenses, competitive bidding or allocation to unli- tromagnetic spectrum. construction permits or fees shall take effect censed use, minus appropriate exclusion ‘‘(1) REQUIRED COLLECTIONS.—The Commis- upon the dates established in the Commis- zones if necessary, unless the President of sion shall collect at least the following sion’s rulemaking proceeding in accordance the United States determines that— amounts— with applicable law. (A) such spectrum cannot be reallocated ‘‘(A) $200,000,000 in fiscal year 2012; ‘‘(E) The Commission shall exempt from due to the need to protect incumbent Fed- ‘‘(B) $300,000,000 in fiscal year 2013; such fees holders of licenses for broadcast eral systems from interference; or ‘‘(C) $425,000,000 in fiscal year 2014; television and public safety services. The (B) allocation of other spectrum— ‘‘(D) $550,000,000 in fiscal year 2015; term ‘emergency response providers’ in- (i) better serves the public interest, con- ‘‘(E) $550,000,000 in fiscal year 2016; cludes State, local, and tribal, emergency venience, and necessity; and ‘‘(F) $550,000,000 in fiscal year 2017; public safety, law enforcement, firefighter, (ii) can reasonably be expected to produce ‘‘(G) $550,000,000 in fiscal year 2018; emergency response, emergency medical (in- receipts comparable to what the covered ‘‘(H) $550,000,000 in fiscal year 2019; cluding hospital emergency facilities), and spectrum might auction for without the geo- ‘‘(I) $550,000,000 in fiscal year 2020; and related personnel, agencies and authorities. graphic exclusion zones. ‘‘(J) $550,000,000 in fiscal year 2021. ‘‘(3) PENALTIES FOR LATE PAYMENT.—The (3) ACTIONS REQUIRED IF COVERED SPECTRUM ‘‘(2) DEVELOPMENT OF SPECTRUM FEE REGU- Commission shall prescribe by regulation an CANNOT BE REALLOCATED.— LATIONS.— additional charge which shall be assessed as (A) IN GENERAL.—If the President makes a ‘‘(A) The Commission shall, by regulation, a penalty for late payment of fees required determination under paragraph (2) that the establish a methodology for assessing annual by this subsection. spectrum user fees and a schedule for collec- covered spectrum cannot be reallocated, ‘‘(4) REVOCATION OF LICENSE OR PERMIT.— then the President shall, within 1 year after tion of such fees on classes of spectrum li- The Commission may revoke any spectrum the date of such determination— censes or construction permits or other in- license or construction permit for a licens- (i) identify alternative bands of frequencies struments of authorization, consistent with ee’s or permitee’s failure to pay in a timely totaling more than 20 megahertz and no the public interest, convenience and neces- manner any fee or penalty to the Commis- more than 100 megahertz of spectrum used sity. The Commission may determine over sion under this subsection. Such revocation time different classes of spectrum licenses or primarily by Federal agencies that satisfy action may be taken by the Commission construction permits upon which such fees the requirements of clauses (i) and (ii) of after notice of the Commission’s intent to may be assessed. In establishing the fee paragraph (2)(B); take such action is sent to the licensee by methodology, the Commission may consider (ii) report to the appropriate committees registered mail, return receipt requested, at the following factors: of Congress and the Commission an identi- the licensee’s last known address. The notice ‘‘(i) the highest value alternative spectrum fication of such alternative spectrum for as- will provide the licensee at least 30 days to use forgone; signment by competitive bidding; and either pay the fee or show cause why the fee ‘‘(ii) scope and type of permissible services (iii) make such alternative spectrum for does not apply to the licensee or should oth- and uses; assignment immediately available for re- erwise be waived or payment deferred. A allocation. ‘‘(iii) amount of spectrum and licensed cov- erage area; hearing is not required under this subsection (B) AUCTION.—If the President makes a de- unless the licensee’s response presents a sub- termination under paragraph (2) that the ‘‘(iv) shared versus exclusive use; ‘‘(v) level of demand for spectrum licenses stantial and material question of fact. In any covered spectrum cannot be reallocated, the case where a hearing is conducted pursuant Commission shall commence the bidding of or construction permits within a certain spectrum band or geographic area; to this section, the hearing shall be based on the alternative spectrum identified pursuant written evidence only, and the burden of pro- to subparagraph (A) within 3 years of the ‘‘(vi) the amount of revenue raised on com- parable licenses awarded through an auction; ceeding with the introduction of evidence date of enactment of this subtitle. and and the burden of proof shall be on the li- (4) ACTIONS REQUIRED IF COVERED SPECTRUM ‘‘(vii) such factors that the Commission de- censee. Unless the licensee substantially pre- CAN BE REALLOCATED.—If the President does termines, in its discretion, are necessary to vails in the hearing, the Commission may as- not make a determination under paragraph promote efficient and effective spectrum use. sess the licensee for the costs of such hear- (1) that the covered spectrum cannot be re- ‘‘(B) In addition, the Commission shall, by ing. Any Commission order adopted pursuant allocated, the Commission shall commence regulation, establish a methodology for as- to this subsection shall determine the the competitive bidding for the covered spec- sessing annual user fees and a schedule for amount due, if any, and provide the licensee trum within 3 years of the date of enactment collection of such fees on entities holding with at least 30 days to pay that amount or of this subtitle. Ancillary Terrestrial Component authority have its authorization revoked. No order of (e) AMENDMENTS TO DESIGN REQUIREMENTS in conjunction with Mobile Satellite Service revocation under this subsection shall be- RELATED TO COMPETITIVE BIDDING.—Section come final until the licensee has exhausted 309(j) of the Communications Act of 1934 (47 spectrum licenses, where the Ancillary Ter- restrial Component authority was not as- its right to judicial review of such order U.S.C. 309(j)) is amended— under section 402(b)(5) of this title. (1) in paragraph (3)— signed through use of competitive bidding. The Commission shall not collect less from ‘‘(5) TREATMENT OF REVENUES.—All pro- (A) in subparagraph (E)(ii), by striking ‘‘; ceeds obtained pursuant to the regulations and’’ and inserting a semicolon; and the holders of such authority than a reason- able estimate of the value of such authority required by this subsection shall be depos- (B) in subparagraph (F), by striking the pe- ited in the General Fund of the Treasury.’’. riod at the end and inserting a semicolon; over its term, regardless of whether terres- and trial services is actually provided during this PART II—PUBLIC SAFETY BROADBAND (2) by amending clause (i) of the second term. In determining a reasonable estimate NETWORK sentence of paragraph (8)(C) to read as fol- of the value of such authority, the Commis- SEC. 281. REALLOCATION OF D BLOCK FOR PUB- lows: sion may consider factors listed in sub- LIC SAFETY. ‘‘(i) the deposits— section (A). (a) IN GENERAL.—The Commission shall re- ‘‘(I) of successful bidders of any auction ‘‘(C) Within 60 days of enactment of this allocate the 700 MHz D block spectrum for conducted pursuant to subparagraph (F) of Act, the Commission shall commence a rule- use by public safety entities in accordance section 106 of this act shall be paid to the making to develop the fee methodology and with the provisions of this subtitle. Public Safety Trust Fund established under regulations. The Commission shall take all (b) SPECTRUM ALLOCATION.—Section 337(a) section 217 of such Act; and actions necessary so that it can collect fees of the Communications Act of 1934 (47 U.S.C. ‘‘(II) of successful bidders of any other auc- from the first class or classes of spectrum li- 337(a)) is amended— tion shall be paid to the Treasury;’’. cense or construction permit holders no later (1) by striking ‘‘24’’ in paragraph (1) and in- than September 30, 2012. serting ‘‘34’’; and SEC. 278. AUTHORITY TO ESTABLISH SPECTRUM LICENSE USER FEES. ‘‘(D) The Commission, from time to time, (2) by striking ‘‘36’’ in paragraph (2) and in- Section 309 of the Communications Act of may commence further rulemakings (sepa- serting ‘‘26’’. 1934 is amended by adding the following new rate from or in connection with other SEC. 282. FLEXIBLE USE OF NARROWBAND SPEC- subsection at the end thereof: rulemakings or proceedings involving spec- TRUM. ‘‘(m) USE OF SPECTRUM LICENSE USER trum-based services, licenses, permits and The Commission may allow the FEES.—For initial licenses or construction uses) and modify the fee methodology or re- narrowband spectrum to be used in a flexible permits that are not granted through the use vise its rules required by paragraph (B) to manner, including usage for public safety of competitive bidding as set forth in sub- add or modify classes of spectrum license or broadband communications, subject to such section (j), and for renewals or modifications construction permit holders that must pay technical and interference protection meas- of initial licenses or other authorizations, fees, and assign or adjust such fee as a result ures as the Commission may require and sub- whether granted through competitive bid- of the addition, deletion, reclassification or ject to interoperability requirements of the

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Commission and the Corporation established Homeland Security and the Attorney Gen- (H) CLEARANCE FOR CLASSIFIED INFORMA- in section 204 of this subtitle. eral of the United States, shall appoint 11 in- TION.—In order to have the threat and vul- SEC. 283. SINGLE PUBLIC SAFETY WIRELESS NET- dividuals to serve as non-Federal members of nerability information necessary to make WORK LICENSEE. the Board. risk management decisions regarding the (a) REALLOCATION AND GRANT OF LICENSE.— (B) STATE, TERRITORIAL, TRIBAL AND LOCAL network, the non-Federal members of the Notwithstanding any other provision of law, GOVERNMENT INTERESTS.—In making appoint- Board shall be required, prior to appoint- and subject to the provisions of this subtitle, ments under subparagraph (A), the Secretary ment, to obtain a clearance held by the Di- including section 290, the Commission shall of Commerce should— rector of National Intelligence that permits grant a license to the Public Safety (i) appoint at least 3 individuals with sig- them to receive information classified at the Broadband Corporation established under nificant expertise in the collective interests level of Top Secret, Special Compartmented section 284 for the use of the 700 MHz D block of State, territorial, tribal and local govern- Information. spectrum and existing public safety ments; and (b) TERMS OF APPOINTMENT.— broadband spectrum. (ii) seek to ensure geographic and regional (1) INITIAL APPOINTMENT DEADLINE.—Mem- (b) TERM OF LICENSE.— representation of the United States in such bers of the Board shall be appointed not later (1) INITIAL LICENSE.—The license granted appointments; and than 180 days after the date of the enactment under subsection (a) shall be for an initial (iii) seek to ensure rural and urban rep- of this subtitle. term of 10 years from the date of the initial resentation in such appointments. (2) TERMS.— issuance of the license. (C) PUBLIC SAFETY INTERESTS.—In making (A) LENGTH.— (2) RENEWAL OF LICENSE.—Prior to expira- appointments under subparagraph (A), the (i) FEDERAL MEMBERS.—Each Federal mem- tion of the term of the initial license granted Secretary of Commerce should appoint at ber of the Board shall serve as a member of under subsection (a) or the expiration of any least 3 individuals who have served or are the Board for the life of the Corporation subsequent renewal of such license, the Cor- currently serving as public safety profes- while serving in their appointed capacity. poration shall submit to the Commission an sionals. (ii) NON-FEDERAL MEMBERS.—The term of application for the renewal of such license. (D) REQUIRED QUALIFICATIONS.— office of each non-Federal member of the Such renewal application shall demonstrate (i) IN GENERAL.—Each non-Federal member Board shall be 3 years. No non-Federal mem- that, during the preceding license term, the appointed under subparagraph (A) should ber of the Board may serve more than 2 con- Corporation has met the duties and obliga- meet at least 1 of the following criteria: secutive full 3-year terms. tions set forth under this subtitle. A renewal (I) PUBLIC SAFETY EXPERIENCE.—Knowledge (B) EXPIRATION OF TERM.—Any member license granted under this paragraph shall be and experience in the use of Federal, State, whose term has expired may serve until such for a term of not to exceed 15 years. local, or tribal public safety or emergency member’s successor has taken office, or until (c) FACILITATION OF TRANSITION.—The Com- response. the end of the calendar year in which such mission shall take all actions necessary to (II) TECHNICAL EXPERTISE.—Technical ex- member’s term has expired, whichever is ear- facilitate the transition of the existing pub- pertise and fluency regarding broadband lier. lic safety broadband spectrum to the Public communications, including public safety (C) APPOINTMENT TO FILL VACANCY.—Any Safety Broadband Corporation established communications and cybersecurity. non-Federal member appointed to fill a va- under section 284. (III) NETWORK EXPERTISE.—Expertise in cancy occurring prior to the expiration of SEC. 284. ESTABLISHMENT OF PUBLIC SAFETY building, deploying, and operating commer- the term for which that member’s prede- BROADBAND CORPORATION. cial telecommunications networks. cessor was appointed shall be appointed for (a) ESTABLISHMENT.—There is authorized (IV) FINANCIAL EXPERTISE.—Expertise in fi- the remainder of the predecessor’s term. to be established a private, nonprofit cor- nancing and funding telecommunications (D) STAGGERED TERMS.—With respect to poration, to be known as the ‘‘Public Safety networks. the initial non-Federal members of the Broadband Corporation’’, which is neither an (ii) EXPERTISE TO BE REPRESENTED.—In Board— agency nor establishment of the United making appointments under subparagraph (i) 4 members shall serve for a term of 3 States Government or the District of Colum- (A), the Secretary of Commerce should ap- years; bia Government. point— (ii) 4 members shall serve for a term of 2 (b) APPLICATION OF PROVISIONS.—The Cor- (I) at least one individual who satisfies the years; and poration shall be subject to the provisions of requirement under subclause (II) of clause (iii) 3 members shall serve for a term of 1 this subtitle, and, to the extent consistent (i); year. with this subtitle, to the District of Colum- (II) at least one individual who satisfies (3) VACANCIES.—A vacancy in the member- bia Nonprofit Corporation Act (sec. 29–301.01 the requirement under subclause (III) of ship of the Board shall not affect the Board’s et seq., D.C. Official Code). clause (i); and powers, and shall be filled in the same man- (c) RESIDENCE.—The Corporation shall have (III) at least one individual who satisfies ner as the original member was appointed. its place of business in the District of Colum- the requirement under subclause (IV) of (c) CHAIR.— bia and shall be considered, for purposes of clause (i). (1) SELECTION.—The Secretary of Com- venue in civil actions, to be a resident of the (E) INDEPENDENCE.— merce, in consultation with the Secretary of District of Columbia. (i) IN GENERAL.—Each non-Federal member Homeland Security and the Attorney Gen- (d) POWERS UNDER DC ACT.—In order to of the Board shall be independent and neu- eral of the United States, shall select, from carry out the duties and activities of the tral and maintain a fiduciary relationship among the members of the Board, an indi- Corporation, the Corporation shall have the with the Corporation in performing his or vidual to serve for a 2-year term as Chair of usual powers conferred upon a nonprofit cor- her duties. the Board. poration by the District of Columbia Non- (ii) INDEPENDENCE DETERMINATION.—In (2) CONSECUTIVE TERMS.—An individual profit Corporation Act. order to be considered independent for pur- may not serve for more than 2 consecutive (e) INCORPORATION.—The members of the poses of this subparagraph, a member of the terms as Chair of the Board. initial Board of Directors of the Corporation Board— (3) REMOVAL FOR CAUSE.—The Secretary of shall serve as incorporators and shall take (I) may not, other than in his or her capac- Commerce, in consultation with the Sec- whatever steps that are necessary to estab- ity as a member of the Board or any com- retary of Homeland Security and the Attor- lish the Corporation under the District of mittee thereof— ney General of the United States, may re- Columbia Nonprofit Corporation Act. (aa) accept any consulting, advisory, or move the Chair of the Board and any non- SEC. 285. BOARD OF DIRECTORS OF THE COR- other compensatory fee from the Corpora- Federal member for good cause. PORATION. tion; or (d) REMOVAL.—All members of the Board (a) MEMBERSHIP.—The management of the (bb) be a person associated with the Cor- may by majority vote— Corporation shall be vested in a Board of Di- poration or with any affiliated company (1) remove any non-Federal member of the rectors (referred to in this Title as the thereof; and Board from office for conduct determined by ‘‘Board’’), which shall consist of the fol- (II) shall be disqualified from any delibera- the Board to be detrimental to the Board or lowing members: tion involving any transaction of the Cor- Corporation; and (1) FEDERAL MEMBERS.—The following indi- poration in which the Board member has a (2) request that the Secretary of Commerce viduals, or their respective designees, shall financial interest in the outcome of the exercise his or her authority to remove the serve as Federal members: transaction. Chair of the Board for conduct determined (A) The Secretary of Commerce. (F) NOT OFFICERS OR EMPLOYEES.—The non- by the Board to be detrimental to the Board (B) The Secretary of Homeland Security. Federal members of the Board shall not, by or Corporation. (C) The Attorney General of the United reason of such membership, be considered to (e) MEETINGS.— States. be officers or employees of the United States (1) FREQUENCY.—The Board shall meet in (D) The Director of the Office of Manage- Government or of the District of Columbia accordance with the bylaws of the Corpora- ment and Budget. Government. tion— (2) NON-FEDERAL MEMBERS.— (G) CITIZENSHIP.—No individual other than (A) at the call of the Chairperson; and (A) IN GENERAL.—The Secretary of Com- a citizen of the United States may serve as (B) not less frequently than once each merce, in consultation with the Secretary of a non-Federal member of the Board. quarter.

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

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INITIAL FUNDING FOR CORPORATION. ment and devices for use on the network be— or Cores and any Radio Access Network (a) NTIA PROVISION OF INITIAL FUNDING TO (i) built to open, non-proprietary, commer- build out; THE CORPORATION.— cially available standards; (ii) placement of towers; (1) IN GENERAL.—Prior to the commence- (ii) capable of being used across the nation- (iii) coverage areas of the network, wheth- ment of incentive auctions to be carried out wide public safety broadband network oper- er at the regional, State, tribal, or local under section 309(j)(8)(F) of the Communica- ating in the 700 MHz band; level; tions Act of 1934 or the auction of spectrum (iii) be able to be interchangeable with (iv) adequacy of hardening, security, reli- pursuant to section 273 of this subtitle, the other vendors’ equipment; and ability, and resiliency requirements; NTIA is hereby appropriated $50,000,000 for (iv) backward-compatible with existing (v) assignment of priority to local users; reasonable administrative expenses and second and third generation commercial net- (vi) assignment of priority and selection of other costs associated with the establish- works to the extent that such capabilities entities seeking access to or use of the na- ment of the Corporation, and that may be are necessary and technically and economi- tionwide public safety interoperable transferred as needed to the Corporation for cally reasonable; and broadband network established under sub- expenses before the commencement of incen- (D) promote integration of the network section (b); and tive auction: Provided, That funding shall with public safety answering points or their (vii) training needs of local users. expire on September 30, 2014. equivalent. (B) METHOD OF CONSULTATION.—The con- (2) CONDITION OF FUNDING.—At the time of (3) RURAL COVERAGE.—In carrying out the sultation required under subparagraph (A) application for, and as a condition to, any duties and responsibilities of this subsection, shall occur between the Corporation and the such funding, the Corporation shall file with including issuing requests for proposals, the single officer or governmental body des- the NTIA a statement with respect to the an- Corporation, consistent with the license ignated under section 294(d). ticipated use of the proceeds of this funding. granted under section 281, shall require de- (3) LEVERAGING EXISTING INFRASTRUC- (3) NTIA APPROVAL.—If the NTIA deter- ployment phases with substantial rural cov- TURE.—In carrying out the requirement mines that such funding is necessary for the erage milestones as part of each phase of the under subsection (b), the Corporation shall Corporation to carry out its duties and re- construction and deployment of the network. enter into agreements to utilize, to the max- sponsibilities under this title and that Cor- (4) EXECUTION OF AUTHORITY.—In carrying imum economically desirable, existing— poration has submitted a plan, then the out the duties and responsibilities of this (A) commercial or other communications NTIA shall notify the appropriate commit- subsection, the Corporation may— infrastructure; and tees of Congress 30 days before each transfer (A) obtain grants from and make contracts (B) Federal, State, tribal, or local infra- of funds takes place. structure. with individuals, private companies, and SEC. 290. PERMANENT SELF-FUNDING; DUTY TO (4) MAINTENANCE AND UPGRADES.—The Cor- Federal, State, regional, and local agencies; ASSESS AND COLLECT FEES FOR (B) hire or accept voluntary services of poration shall ensure through the mainte- NETWORK USE. nance, operation, and improvement of the consultants, experts, advisory boards, and (a) IN GENERAL.—The Corporation shall panels to aid the Corporation in carrying out nationwide public safety interoperable have the authority to assess and collect the such duties and responsibilities; broadband network established under sub- following fees: section (b), including by ensuring that the (C) receive payment for use of— (1) NETWORK USER FEE.—A user or subscrip- Corporation updates and revises any policies (i) network capacity licensed to the Cor- tion fee from each entity, including any pub- established under paragraph (1) to take into poration; and lic safety entity or secondary user, that account new and evolving technologies and (ii) network infrastructure constructed, seeks access to or use of the nationwide pub- security concerns. owned, or operated by the Corporation; and lic safety interoperable broadband network (5) ROAMING AGREEMENTS.—The Corpora- (D) take such other actions as may be nec- established under this title. tion shall negotiate and enter into, as it de- essary to accomplish the purposes set forth (2) LEASE FEES RELATED TO NETWORK CAPAC- termines appropriate, roaming agreements in this subsection. ITY.— with commercial network providers to allow (A) IN GENERAL.—A fee from any non-Fed- (c) OTHER SPECIFIC DUTIES AND RESPON- the nationwide public safety interoperable eral entity that seeks to enter into a covered SIBILITIES.— broadband users to roam onto commercial leasing agreement. (1) ESTABLISHMENT OF NETWORK POLICIES.— networks and gain prioritization of public (B) COVERED LEASING AGREEMENT.—For In carrying out the requirements under sub- safety communications over such networks purposes of subparagraph (A), a ‘‘covered section (b), the Corporation shall take such in times of an emergency. leasing agreement’’ means a written agree- actions as may be necessary, including the (6) NETWORK INFRASTRUCTURE AND DEVICE ment between the Corporation and secondary development of requests for proposals— CRITERIA.—The Director of NIST, in con- user to permit— (A) request for proposals should include— sultation with the Corporation and the Com- (i) access to network capacity on a sec- (i) build timetables, including by taking mission, shall ensure the development of a ondary basis for non-public safety services; into consideration the time needed to build list of certified devices and components and out to rural areas; meeting appropriate protocols, encryption (ii) the spectrum allocated to such entity (ii) coverage areas, including coverage in requirements, and standards for public safe- to be used for commercial transmissions rural and nonurban areas; ty entities and commercial vendors to ad- along the dark fiber of the long-haul net- (iii) service levels; here to, if such entities or vendors seek to work of such entity. (iv) performance criteria; and have access to, use of, or compatibility with (3) LEASE FEES RELATED TO NETWORK EQUIP- (v) other similar matters for the construc- the nationwide public safety interoperable MENT AND INFRASTRUCTURE.—A fee from any tion and deployment of such network; broadband network established under sub- non-Federal entity that seeks access to or (B) the technical, operational and security section (b). use of any equipment or infrastructure, in- requirements of the network and, as appro- (7) REPRESENTATION BEFORE STANDARD SET- cluding antennas or towers, constructed or priate, network suppliers; TING ENTITIES.—The Corporation, in con- otherwise owned by the Corporation. (C) practices, procedures, and standards for sultation with the Director of NIST, the (b) ESTABLISHMENT OF FEE AMOUNTS; PER- the management and operation of such net- Commission, and the public safety advisory MANENT SELF-FUNDING.—The total amount of work; committee established under section the fees assessed for each fiscal year pursu- (D) terms of service for the use of such net- 284(b)(1), shall represent the interests of pub- ant to this section shall be sufficient, and work, including billing practices; and lic safety users of the nationwide public safe- shall not exceed the amount necessary, to re- (E) ongoing compliance review and moni- ty interoperable broadband network estab- coup the total expenses of the Corporation in toring of the— lished under subsection (b) before any pro- carrying out its duties and responsibilities (i) management and operation of such net- ceeding, negotiation, or other matter in described under this title for the fiscal year work; which a standards organization, standards involved. (ii) practices and procedures of the entities body, standards development organization, (c) REQUIRED REINVESTMENT OF FUNDS.— operating on and the personnel using such or any other recognized standards-setting The Corporation shall reinvest amounts re- network; and entity regarding the development of stand- ceived from the assessment of fees under this (iii) training needs of entities operating on ards relating to interoperability. section in the nationwide public safety inter- and personnel using such network. (8) PROHIBITION ON NEGOTIATION WITH FOR- operable broadband network by using such (2) STATE AND LOCAL PLANNING.— EIGN GOVERNMENTS.—Except as authorized by funds only for constructing, maintaining, (A) REQUIRED CONSULTATION.—In devel- the President, the Corporation shall not managing or improving the network. oping requests for proposal and otherwise have the authority to negotiate or enter into carrying out its responsibilities under this any agreements with a foreign government SEC. 291. AUDIT AND REPORT. subtitle, the Corporation shall consult with on behalf of the United States. (a) AUDIT.— regional, State, tribal, and local jurisdic- (d) USE OF MAILS.—The Corporation may (1) IN GENERAL.—The financial transactions tions regarding the distribution and expendi- use the United States mails in the same of the Corporation for any fiscal year during ture of any amounts required to carry out manner and under the same conditions as which Federal funds are available to finance the policies established under paragraph (1), the departments and agencies of the United any portion of its operations shall be audited including with regard to the— States. by the Comptroller General of the United

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.025 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6212 CONGRESSIONAL RECORD — SENATE October 5, 2011 States in accordance with the principles and poration and may take any action at the re- deposited into the State and Local Imple- procedures applicable to commercial cor- quest of the Corporation in effectuating its mentation Fund. porate transactions and under such rules and duties and responsibilities under this title. SEC. 296. PUBLIC SAFETY WIRELESS COMMU- regulations as may be prescribed by the SEC. 294. STATE AND LOCAL IMPLEMENTATION. NICATIONS RESEARCH AND DEVEL- Comptroller General. (a) ESTABLISHMENT OF STATE AND LOCAL OPMENT. (2) LOCATION.—Any audit conducted under IMPLEMENTATION GRANT PROGRAM.—The As- (a) NIST DIRECTED RESEARCH AND DEVEL- paragraph (1) shall be conducted at the place sistant Secretary, in consultation with the OPMENT PROGRAM.—From amounts made or places where accounts of the Corporation Corporation, shall take such action as is nec- available from the Public Safety Trust Fund are normally kept. essary to establish a grant program to make established under section 297, the Director of (3) ACCESS TO CORPORATION BOOKS AND DOC- grants to States to assist State, regional, NIST, in consultation with the Commission, UMENTS.— tribal, and local jurisdictions to identify, the Secretary of Homeland Security, and the (A) IN GENERAL.—For purposes of an audit plan, and implement the most efficient and National Institute of Justice of the Depart- conducted under paragraph (1), the rep- effective way for such jurisdictions to utilize ment of Justice, as appropriate, shall con- resentatives of the Comptroller General and integrate the infrastructure, equipment, duct research and assist with the develop- shall— and other architecture associated with the ment of standards, technologies, and applica- (i) have access to all books, accounts, nationwide public safety interoperable tions to advance wireless public safety com- records, reports, files, and all other papers, broadband network established in this sub- munications. things, or property belonging to or in use by title to satisfy the wireless communications (b) REQUIRED ACTIVITIES.—In carrying out the Corporation that pertain to the financial and data services needs of that jurisdiction, the requirement under subsection (a), the Di- transactions of the Corporation and are nec- including with regards to coverage, siting, rector of NIST, in consultation with the Cor- essary to facilitate the audit; and identity management for public safety users poration and the public safety advisory com- (ii) be afforded full facilities for verifying and their devices, and other needs. mittee established under section 286(b)(1), transactions with the balances or securities (b) MATCHING REQUIREMENTS; FEDERAL shall— held by depositories, fiscal agents, and SHARE.— (1) document public safety wireless com- custodians. (1) IN GENERAL.—The Federal share of the munications technical requirements; (B) REQUIREMENT.—All books, accounts, cost of any activity carried out using a grant (2) accelerate the development of the capa- records, reports, files, papers, and property under this section may not exceed 80 percent bility for communications between currently of the Corporation shall remain in the pos- of the eligible costs of carrying out that ac- deployed public safety narrowband systems session and custody of the Corporation. tivity, as determined by the Assistant Sec- and the nationwide public safety interoper- (b) REPORT.— retary, in consultation with the Corporation. able broadband network to be established (1) IN GENERAL.—The Comptroller General (2) WAIVER.—The Assistant Secretary may under this title; of the United States shall submit a report of waive, in whole or in part, the requirements (3) establish a research plan, and direct re- each audit conducted under subsection (a) of paragraph (1) for good cause shown if the search, that addresses the wireless commu- to— Assistant Secretary determines that such a nications needs of public safety entities be- (A) the appropriate committees of Con- waiver is in the public interest. yond what can be provided by the current gress; (c) PROGRAMMATIC REQUIREMENTS.—Not generation of broadband technology; (B) the President; and later than 6 months after the establishment (4) accelerate the development of mission (C) the Corporation. of the bylaws of the Corporation pursuant to critical voice, including device-to-device (2) CONTENTS.—Each report submitted section 286 of this subtitle, the Assistant ‘‘talkaround’’ standards for broadband net- under paragraph (1) shall contain— Secretary, in consultation with the Corpora- works, if necessary and practical, public (A) such comments and information as the tion, shall establish requirements relating to safety prioritization, authentication capa- Comptroller General determines necessary the grant program to be carried out under bilities, as well as a standard application to inform Congress of the financial oper- this section, including the following: programing interfaces for the nationwide ations and condition of the Corporation; (1) Defining eligible costs for purposes of public safety interoperable broadband net- (B) any recommendations of the Comp- subsection (b)(1). work to be established under this title, if troller General relating to the financial op- (2) Determining the scope of eligible activi- necessary and practical; erations and condition of the Corporation; ties for grant funding under this section. (5) seek to develop technologies, standards, and (3) Prioritizing grants for activities that processes, and architectures that provide a (C) a description of any program, expendi- ensure coverage in rural as well as urban significant improvement in network secu- ture, or other financial transaction or under- areas. rity, resiliency and trustworthiness; and taking of the Corporation that was observed (d) CERTIFICATION AND DESIGNATION OF OF- (6) convene working groups of relevant during the course of the audit, which, in the FICER OR GOVERNMENTAL BODY.—In carrying government and commercial parties to opinion of the Comptroller General, has been out the grant program established under this achieve the requirements in paragraphs (1) carried on or made without the authority of section, the Assistant Secretary shall re- through (5). law. quire each State to certify in its application (c) TRANSFER AUTHORITY.—If in the deter- SEC. 292. ANNUAL REPORT TO CONGRESS. for grant funds that the State has designated mination of the Director of NIST another (a) IN GENERAL.—Not later than 1 year a single officer or governmental body to Federal agency is better suited to carry out after the date of enactment of this subtitle, serve as the coordinator of implementation and oversee the research and development of and each year thereafter, the Corporation of the grant funds. any activity to be carried out in accordance shall submit an annual report covering the SEC. 295. STATE AND LOCAL IMPLEMENTATION with the requirements of this section, the preceding fiscal year to the President and FUND. Director may transfer any amounts provided the appropriate committees of Congress. (a) ESTABLISHMENT.—There is established under this section to such agency, including (b) REQUIRED CONTENT.—The report re- in the Treasury of the United States a fund to the National Institute of Justice of the quired under subsection (a) shall include— to be known as the ‘‘State and Local Imple- Department of Justice and the Department (1) a comprehensive and detailed report of mentation Fund’’. of Homeland Security. the operations, activities, financial condi- (b) PURPOSE.—The Assistant Secretary SEC. 297. PUBLIC SAFETY TRUST FUND. tion, and accomplishments of the Corpora- shall establish and administer the grant pro- (a) ESTABLISHMENT OF PUBLIC SAFETY tion under this section; and gram authorized under section 294 of this TRUST FUND.— (2) such recommendations or proposals for subtitle using funds deposited in the State (1) IN GENERAL.—There is established in the legislative or administrative action as the and Local Implementation Fund. Treasury of the United States a trust fund to Corporation deems appropriate. (c) CREDITING OF RECEIPTS.—There shall be be known as the ‘‘Public Safety Trust (c) AVAILABILITY TO TESTIFY.—The direc- deposited into or credited to the State and Fund’’. tors, officers, employees, and agents of the Local Implementation Fund— (2) CREDITING OF RECEIPTS.— Corporation shall be available to testify be- (1) any amounts specified in section 297; (A) IN GENERAL.—There shall be deposited fore the appropriate committees of the Con- and into or credited to the Public Safety Trust gress with respect to— (2) any amounts borrowed by the Assistant Fund the proceeds from the auction of spec- (1) the report required under subsection Secretary under subsection (d). trum carried out pursuant to— (a); (d) BORROWING AUTHORITY.— (i) section 273 of this subtitle; and (2) the report of any audit made by the (1) IN GENERAL.—The Assistant Secretary (ii) section 309(j)(8)(F) of the Communica- Comptroller General under section 291; or may borrow from the General Fund of the tions Act of 1934, as added by section 273 of (3) any other matter which such commit- Treasury beginning on October 1, 2011, such this subtitle. tees may determine appropriate. sums as may be necessary, but not to exceed (B) AVAILABILITY.—Amounts deposited into SEC. 293. PROVISION OF TECHNICAL ASSIST- $100,000,000 to implement section 294. or credited to the Public Safety Trust Fund ANCE. (2) REIMBURSEMENT.—The Assistant Sec- in accordance with subparagraph (A) shall The Commission and the Departments of retary shall reimburse the General Fund of remain available until the end of fiscal year Homeland Security, Justice and Commerce the Treasury, with interest, for any amounts 2018. Upon the expiration of the period de- may provide technical assistance to the Cor- borrowed under subparagraph (1) as funds are scribed in the prior sentence such amounts

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.025 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6213 shall be deposited in the General Fund of the 288 to deploy and operate a nationwide public (2) by inserting after subparagraph (G) the Treasury, where such amounts shall be dedi- safety interoperable broadband network. following: cated for the sole purpose of deficit reduc- (6) DEFICIT REDUCTION.—Any amounts re- ‘‘(H) the amendments made by section 101 tion. maining after the deduction of the amounts of the Supporting Unemployed Workers Act (b) USE OF FUND.—Amounts deposited in required under paragraphs (1) through (5) of 2011; and’’. the Public Safety Trust Fund shall be used shall be deposited in the General Fund of the (c) EFFECTIVE DATE.—The amendments in the following manner: Treasury, where such amounts shall be dedi- made by this section shall take effect as if (1) PAYMENT OF AUCTION INCENTIVE.— cated for the sole purpose of deficit reduc- included in the enactment of the Unemploy- (A) REQUIRED DISBURSALS.—Amounts in the tion. ment Compensation Extension Act of 2010 Public Safety Trust Fund shall be used to SEC. 298. FCC REPORT ON EFFICIENT USE OF (Public Law 111–205). make any required disbursal of payments to PUBLIC SAFETY SPECTRUM. SEC. 312. TEMPORARY EXTENSION OF EXTENDED licensees required pursuant to clause (i) and (a) IN GENERAL.—Not later than 180 days BENEFIT PROVISIONS. subclause (IV) of clause (ii) of section after the date of the enactment of this sub- (a) IN GENERAL.—Section 2005 of the Assist- 309(j)(8)(F) of the Communications Act of title and every 2 years thereafter, the Com- ance for Unemployed Workers and Strug- 1934. mission shall, in consultation with the As- gling Families Act, as contained in Public Law 111–5 (26 U.S.C. 3304 note), is amended— (B) NOTIFICATION TO CONGRESS.— sistant Secretary and the Director of NIST, (1) by striking ‘‘January 4, 2012’’ each place (i) IN GENERAL.—At least 3 months in ad- conduct a study and submit to the appro- vance of any incentive auction conducted priate committees of Congress a report on it appears and inserting ‘‘January 4, 2013’’; pursuant to subparagraph (F) of section the spectrum allocated for public safety use. (2) in the heading for subsection (b)(2), by 309(j)(8) of the Communications Act of 1934, (b) CONTENTS.—The report required by sub- striking ‘‘JANUARY 4, 2012’’ and inserting the Chairman of the Commission, in con- section (a) shall include— ‘‘JANUARY 4, 2013’’; and sultation with the Director of the Office of (1) an examination of how such spectrum is (3) in subsection (c), by striking ‘‘June 11, Management and Budget, shall notify the ap- being used; 2012’’ and inserting ‘‘June 11, 2013’’. (b) EXTENSION OF MATCHING FOR STATES propriate committees of Congress— (2) recommendations on how such spec- WITH NO WAITING WEEK.—Section 5 of the (I) of the methodology for calculating the trum may be used more efficiently; Unemployment Compensation Extension Act disbursal of payments to certain licensees re- (3) an assessment of the feasibility of pub- of 2008 (Public Law 110–449; 26 U.S.C. 3304 quired pursuant to clause (i) and subclauses lic safety entities relocating from other note) is amended by striking ‘‘June 10, 2012’’ (III) and (IV) of clause of (ii) of such section; bands to the public safety broadband spec- and inserting ‘‘June 9, 2013’’. (II) that such methodology considers the trum; and (c) EXTENSION OF MODIFICATION OF INDICA- value of the spectrum voluntarily relin- (4) an assessment of whether any spectrum TORS UNDER THE EXTENDED BENEFIT PRO- quished in its current use and the timeliness made available by the relocation described in paragraph (3) could be returned to the GRAM.—Section 502 of the Tax Relief, Unem- with which the licensee cleared its use of ployment Insurance Reauthorization, and such spectrum; and Commission for reassignment through auc- tion, including through use of incentive auc- Job Creation Act of 2010 (Public Law 111–312; (III) of the estimated payments to be made 26 U.S.C. 3304 note) is amended— from the Incentive Auction Relocation Fund tion authority under subparagraph (G) of section 309(j)(8) of the Communications Act (1) in subsection (a) by striking ‘‘December established under section 309(j)(8)(G) of the 31, 2011’’ and inserting ‘‘December 31, 2012’’; Communications Act of 1934. of 1934 (47 U.S.C. 309(j)(8)), as added by sec- tion 273(a). and (ii) DEFINITION.—In this clause, the term (2) in subsection (b)(2) by striking ‘‘Decem- ‘‘appropriate committees of Congress’’ SEC. 299. PUBLIC SAFETY ROAMING AND PRI- ber 31, 2011’’ and inserting ‘‘December 31, ORITY ACCESS. means— 2012’’. The Commission may adopt rules, if nec- (I) the Committee on Commerce, Science, (d) EFFECTIVE DATE.—The amendments and Transportation of the Senate; essary in the public interest, to improve the made by this section shall take effect as if (II) the Committee on Appropriations of ability of public safety users to roam onto included in the enactment of the Unemploy- the Senate; commercial networks and to gain priority ment Compensation Extension Act of 2010 (III) the Committee on Energy and Com- access to commercial networks in an emer- (Public Law 111–205). gency if— merce of the House of Representatives; and SEC. 313. REEMPLOYMENT SERVICES AND REEM- (IV) the Committee on Appropriations of (1) the public safety entity equipment is PLOYMENT AND ELIGIBILITY AS- the House of Representatives. technically compatible with the commercial SESSMENT ACTIVITIES. (2) INCENTIVE AUCTION RELOCATION FUND.— network; (a) IN GENERAL.— Not more than $1,000,000,000 shall be depos- (2) the commercial network is reasonably (1) PROVISION OF SERVICES AND ACTIVITIES.— ited in the Incentive Auction Relocation compensated; and Section 4001 of the Supplemental Appropria- Fund established under section 309(j)(8)(G) of (3) such access does not preempt or other- tions Act, 2008, (Public Law 110–252; 26 U.S.C. the Communications Act of 1934. wise terminate or degrade all existing voice 3304 note), is amended by inserting the fol- (3) STATE AND LOCAL IMPLEMENTATION conversations or data sessions. lowing new subsection (h): FUND.—$200,000,000 shall be deposited in the TITLE III—ASSISTANCE FOR THE UNEM- ‘‘(h) IN GENERAL.— State and Local Implementation Fund estab- PLOYED AND PATHWAYS BACK TO ‘‘(1) REQUIRED PROVISION OF SERVICES AND lished under section 294. WORK ACTIVITIES.—An agreement under this sec- (4) PUBLIC SAFETY BROADBAND CORPORA- Subtitle A—Supporting Unemployed Workers tion shall require that the State provide re- TION.—$6,450,000,000 shall be deposited with employment services and reemployment and the Public Safety Broadband Corporation es- SEC. 301. SHORT TITLE. eligibility assessment activities to each indi- tablished under section 284, of which pursu- This subtitle may be cited as the ‘‘Sup- vidual receiving emergency unemployment ant to its responsibilities and duties set porting Unemployed Workers Act of 2011’’. compensation who, on or after the date that forth under section 288 to deploy and operate PART I—EXTENSION OF EMERGENCY UN- is 30 days after the date of enactment of the a nationwide public safety interoperable EMPLOYMENT COMPENSATION AND Supporting Unemployed Workers Act of 2011, broadband network. Funds deposited with CERTAIN EXTENDED BENEFITS PROVI- establishes an account under section 4002(b), the Public Safety Broadband Corporation SIONS, AND ESTABLISHMENT OF SELF- commences receiving the amounts described shall be available after submission of a five- EMPLOYMENT ASSISTANCE PROGRAM in section 4002(c), commences receiving the year budget by the Corporation and approval SEC. 311. EXTENSION OF EMERGENCY UNEM- amounts described in section 4002(d), or com- by the Secretary of Commerce, in consulta- PLOYMENT COMPENSATION PRO- mences receiving the amounts described in tion with the Secretary of Homeland Secu- GRAM. subsection 4002(e), whichever occurs first. rity, Director of the Office of Management (a) IN GENERAL.—Section 4007 of the Sup- Such services and activities shall be pro- and Budget and Attorney General of the plemental Appropriations Act, 2008 (Public vided by the staff of the State agency re- United States. Law 110–252; 26 U.S.C. 3304 note), is amend- sponsible for administration of the State un- (5) PUBLIC SAFETY RESEARCH AND DEVELOP- ed— employment compensation law or the Wag- MENT.—After approval by the Office of Man- (1) by striking ‘‘January 3, 2012’’ each place ner-Peyser Act from funds available pursu- agement and Budget of a spend plan devel- it appears and inserting ‘‘January 3, 2013’’; ant to section 4004(c)(2) and may also be pro- oped by the Director of NIST, a Wireless In- (2) in the heading for subsection (b)(2), by vided from funds available under the Wag- novation (WIN) Fund of up to $300,000,000 striking ‘‘January 3, 2012’’ and inserting ner-Peyser Act. shall be made available for use by the Direc- ‘‘January 3, 2013’’; and ‘‘(2) DESCRIPTION OF SERVICES AND ACTIVI- tor of NIST to carry out the research pro- (3) in subsection (b)(3), by striking ‘‘June 9, TIES.—The reemployment services and in- gram established under section 296 and be 2012’’ and inserting ‘‘June 8, 2013’’. person reemployment and eligibility assess- available until expended. If less than (b) FUNDING.—Section 4004(e)(1) of the Sup- ment activities provided to individuals re- $300,000,000 is approved by the Office of Man- plemental Appropriations Act, 2008 (Public ceiving emergency unemployment compensa- agement and Budget, the remainder shall be Law 110–252; 26 U.S.C. 3304 note), is amend- tion described in paragraph (1)— transferred to the Public Safety Broadband ed— ‘‘(A) shall include— Corporation established in section 284 and be (1) in subparagraph (F), by striking ‘‘and’’ ‘‘(i) the provision of labor market and ca- available for duties set forth under section at the end; and reer information;

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PARTICIPATION IN SELF-EMPLOYMENT ASSIST- under title I of the Workforce Investment (2) TRANSFER OF FUNDS.—Section 4004(e) of ANCE PROGRAM.— Act of 1998; the Supplemental Appropriations Act, 2008 ‘‘(A) TERMINATION.—An individual who is ‘‘(iv) job search counseling and the devel- (Public Law 110–252; 26 U.S.C. 3304 note), is participating in a State’s self-employment opment or review of an individual reemploy- amended— assistance program may opt to discontinue ment plan that includes participation in job (A) in paragraph (2), by striking the period participation in such program. search activities and appropriate workshops and inserting ‘‘; and’’; and ‘‘(B) CONTINUED ELIGIBILITY FOR EMERGENCY and may include referrals to appropriate (B) by inserting the following paragraph UNEMPLOYMENT COMPENSATION.—An indi- training services; and (3): vidual whose participation in the self-em- ‘‘(v) review of the eligibility of the indi- ‘‘(3) to the Employment Ssecurity Admin- ployment assistance program is terminated vidual for emergency unemployment com- istration account (as established by section as described in paragraph (1) or who has com- pensation relating to the job search activi- 901(a) of the Social Security Act) such sums pleted participation in such program, and ties of the individual; and as the Secretary of Labor determines to be who continues to meet the eligibility re- ‘‘(B) may include the provision of— necessary in accordance with subsection quirements for emergency unemployment ‘‘(i) comprehensive and specialized assess- (c)(2) to assist States in providing reemploy- compensation under this title, shall receive ments; ment services and reemployment eligibility emergency unemployment compensation ‘‘(ii) individual and group career coun- and assessment activities described in sec- payments with respect to subsequent weeks seling; and tion 4001(h)(2).’’. of unemployment, to the extent that ‘‘(iii) additional reemployment services. SEC. 314. FEDERAL-STATE AGREEMENTS TO AD- amounts remain in the account established ‘‘(3) PARTICIPATION REQUIREMENT.—As a MINISTER A SELF-EMPLOYMENT AS- for such individual under section 4002(b) or condition of continuing eligibility for emer- SISTANCE PROGRAM. to the extent that such individual com- gency unemployment compensation for any Section 4001 of the Supplemental Appro- mences receiving the amounts described in week, an individual who has been referred to priations Act, 2008 (Public Law 110–252; 26 subsections (c), (d), or (e) of such section, re- reemployment services or reemployment and U.S.C. 3304 note), as amended by section 313, spectively.’’. eligibility assessment activities under this is further amended by inserting a new sub- SEC. 315. CONFORMING AMENDMENT ON PAY- subsection shall participate, or shall have section (i) as follows: MENT OF BRIDGE TO WORK WAGES. completed participation in, such services or Section 4001 of the Supplemental Appro- activities, unless the State agency respon- ‘‘(i) AUTHORITY TO CONDUCT SELF-EMPLOY- MENT ASSISTANCE PROGRAM.— priations Act, 2008 (Public Law 110–252; 26 sible for the administration of State unem- U.S.C. 3304 note), as amended by section 103, ployment compensation law determines that ‘‘(1) IN GENERAL.— is further amended by inserting a new sub- there is justifiable cause for failure to par- ‘‘(A) ESTABLISHMENT.—Any agreement section (j) as follows: ticipate or complete such services or activi- under subsection (a) may provide that the ‘‘(j) AUTHORIZATION TO PAY WAGES FOR ties, as defined in guidance to be issued by State agency of the State shall establish a PURPOSES OF A BRIDGE TO WORK PROGRAM.— the Secretary of Labor.’’. self-employment assistance program de- Any State that establishes a Bridge to Work (2) ISSUANCE OF GUIDANCE.—Not later than scribed in paragraph (2), to provide for the program under section 204 of the Supporting 30 days after the date of enactment of this payment of emergency unemployment com- Unemployed Workers Act of 2011 is author- Act, the Secretary shall issue guidance on pensation as self-employment assistance al- ized to deduct from an emergency unemploy- the implementation of the reemployment lowances to individuals who meet the eligi- ment compensation account established for services and reemployment and eligibility bility criteria specified in subsection (b). such individual under section 4002 such sums assessments activities required to be pro- ‘‘(B) PAYMENT OF ALLOWANCES.—The self- vided under the amendments made by para- employment assistance allowance described as may be necessary to pay wages for such graph (1). in subparagraph (A) shall be paid for up to 26 individual as authorized under section (b) FUNDING.— weeks to an eligible individual from such in- 204(b)(1) of such Act.’’. (1) IN GENERAL.—Section 4004(c) of the Sup- dividual’s emergency unemployment com- SEC. 316. ADDITIONAL EXTENDED UNEMPLOY- plemental Appropriations Act, 2008 (Public pensation account described in section 4002, MENT BENEFITS UNDER THE RAIL- Law 110–252; 26 U.S.C. 3304 note), is amend- and the amount in such account shall be re- ROAD UNEMPLOYMENT INSURANCE ACT. ed— duced accordingly. (a) EXTENSION.—Section 2(c)(2)(D)(iii) of (A) by striking ‘‘There’’ and inserting ‘‘(1) ‘‘(2) DEFINITION OF ‘SELF-EMPLOYMENT AS- the Railroad Unemployment Insurance Act, ADMINISTRATION.—There’’; and SISTANCE PROGRAM’.—For the purposes of this (B) by inserting the following new para- title, the term ‘self-employment assistance as added by section 2006 of the American Re- graph: program’ means a program as defined under covery and Reinvestment Act of 2009 (Public Law 111–5) and as amended by section 9 of ‘‘(2) REEMPLOYMENT SERVICES AND REEM- section 3306(t) of the Internal Revenue Code the Worker, Homeownership, and Business PLOYMENT AND ELIGIBILITY ASSESSMENT AC- of 1986 (26 U.S.C. 3306(t)), except as follows: Assistance Act of 2009 (Public Law 111–92), is TIVITIES.— ‘‘(A) all references to ‘regular unemploy- amended— ‘‘(A) APPROPRIATION.—There are appro- ment compensation under the State law’ priated from the general fund of the Treas- shall be deemed to refer instead to ‘emer- (1) by striking ‘‘June 30, 2011’’ and insert- ury, without fiscal year limitation, out of gency unemployment compensation under ing ‘‘June 30, 2012’’; and the employment security administration ac- title IV of the Supplemental Appropriations (2) by striking ‘‘December 31, 2011’’ and in- count as established by section 901(a) of the Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 serting ‘‘December 31, 2012’’. Social Security Act, such sums as deter- note)’; (b) CLARIFICATION ON AUTHORITY TO USE mined by the Secretary of Labor in accord- ‘‘(B) paragraph (3)(B) shall not apply; FUNDS.—Funds appropriated under either the ance with subparagraph (B) to assist States ‘‘(C) clause (i) of paragraph (3)(C) shall be first or second sentence of clause (iv) of sec- in providing reemployment services and re- deemed to state as follows: tion 2(c)(2)(D) of the Railroad Unemploy- employment and eligibility assessment ac- ‘‘ ‘(i) include any entrepreneurial training ment Insurance Act shall be available to tivities described in section 4001(h)(2). that the State may provide in coordination cover the cost of additional extended unem- ployment benefits provided under such sec- ‘‘(B) DETERMINATION OF TOTAL AMOUNT.— with programs of training offered by the The amount referred to in subparagraph (A) Small Business Administration, which may tion 2(c)(2)(D) by reason of the amendments is the amount the Secretary estimates is include business counseling, mentorship for made by subsection (a) as well as to cover equal to— participants, access to small business devel- the cost of such benefits provided under such ‘‘(i) the number of individuals who will re- opment resources, and technical assistance; section 2(c)(2)(D), as in effect on the day be- ceive reemployment services and reemploy- and’; fore the date of the enactment of this Act. ment eligibility and assessment activities ‘‘(D) the reference to ‘5 percent’ in para- PART II—REEMPLOYMENT NOW described in section 4001(h)(2) in all States graph (4) shall be deemed to refer instead to PROGRAM through the date specified in section ‘1 percent’; and SEC. 321. ESTABLISHMENT OF REEMPLOYMENT 4007(b)(3), multiplied by ‘‘(E) paragraph (5) shall not apply. NOW PROGRAM. ‘‘(ii) $200. ‘‘(3) AVAILABILITY OF SELF-EMPLOYMENT AS- (a) IN GENERAL.—There is hereby estab- ‘‘(C) DISTRIBUTION AMONG STATES.—Of the SISTANCE ALLOWANCES.—In the case of an in- lished the Reemployment NOW program to amounts appropriated under subparagraph dividual who has received any emergency un- be carried out by the Secretary of Labor in (A), the Secretary of Labor shall distribute employment compensation payment under accordance with this part in order to facili- amounts to each State, in accordance with this title, such individual shall not receive tate the reemployment of individuals who section 4003(c), that the Secretary estimates self-employment assistance allowances are receiving emergency unemployment is equal to— under this subsection unless the State agen- compensation under title IV of the Supple- ‘‘(i) the number of individuals who will re- cy has a reasonable expectation that such in- mental Appropriations Act, 2008 (Public Law ceive reemployment services and reemploy- dividual will be entitled to at least 26 times 110–252; 26 U.S.C. 3304 note) (hereafter in this ment and eligibility assessment activities the individual’s average weekly benefit part referred to as ‘‘EUC claimants’’).

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(b) AUTHORIZATION AND APPROPRIATION.— the activities carried out under this part, in- ing their voluntary participation in the pro- There are authorized to be appropriated and cluding the employment outcomes to be gram described under subsection (b); appropriated from the general fund of the achieved by participants and the processes (2) the wages payable to individuals de- Treasury for fiscal year 2012 $4,000,000,000 to the State will use to track performance, con- scribed in paragraph (1) shall be paid from carry out the Reemployment NOW program sistent with guidance provided by the Sec- the emergency unemployment compensation under this part. retary of Labor regarding such outcomes and account for such individual as described in SEC. 322. DISTRIBUTION OF FUNDS. processes; section 4002 of the Supplemental Appropria- (a) IN GENERAL.—Of the funds appropriated (3) a description of coordination of activi- tions Act, 2008 (Public Law 110–252; 26 U.S.C. under section 321(b) to carry out this part, ties to be carried out under this part with 3304 note), and the amount in such individ- the Secretary of Labor shall— activities under title I of the Workforce In- ual’s account shall be reduced accordingly; (1) reserve up to 1 percent for the costs of vestment Act of 1998, the Wagner-Peyser (3) the wages payable to an individual de- Federal administration and for carrying out Act, and other appropriate Federal pro- scribed in paragraph (1) shall be payable in rigorous evaluations of the activities con- grams; the same amount, at the same interval, on ducted under this part; and (4) the timelines for implementation of the the same terms, and subject to the same con- (2) allot the remainder of the funds not re- activities described in the plan and the num- ditions under title IV of the Supplemental served under paragraph (1) in accordance ber of EUC claimants expected to be enrolled Appropriations Act, 2008 (Public Law 110–252; with the requirements of subsection (b) and in such activities by quarter; 26 U.S.C. 3304 note), except that— (c) to States that have approved plans under (5) assurances that the State will partici- (A) State requirements applied under such section 323. pate in the evaluation activities carried out Act relating to availability for work and ac- (b) ALLOTMENT FORMULA.— by the Secretary of Labor under this section; tive search for work are not applicable to (1) FORMULA FACTORS.—The Secretary of (6) assurances that the State will provide such individuals who participate for at least Labor shall allot the funds available under appropriate reemployment services, includ- 25 hours per week in the program described subsection (a)(2) as follows: ing counseling, to any EUC claimant who in subsection (b) for the duration of such in- (A) two-thirds of such funds shall be allot- participates in any of the programs author- dividual’s participation in the program; ted on the basis of the relative number of un- ized under this part; and (B) State requirements applied under such employed individuals in each State, com- (7) assurances that the State will report act relating to disqualifying income regard- pared to the total number of unemployed in- such information as the Secretary may re- ing wages earned shall not apply to such in- dividuals in all States; and quire relating to fiscal, performance and dividuals who participate for at least 25 (B) one-third of such funds shall be allotted other matters, including employment out- hours per week in the program described in on the basis of the relative number of indi- comes and effects, which the Secretary de- subsection (b), and shall not apply with re- viduals in each State who have been unem- termines are necessary to effectively mon- spect to— ployed for 27 weeks or more, compared to the itor the activities carried out under this (i) the wages described under subsection total number of individuals in all States who part. (b); and have been unemployed for 27 weeks or more. (b) PLAN SUBMISSION AND APPROVAL.—A (ii) any wages, in addition to those de- (2) CALCULATION.—For purposes of para- State plan under this section shall be sub- scribed under subsection (b), whether paid by graph (1), the number of unemployed individ- mitted to the Secretary of Labor for ap- a State or a participating employer for the uals and the number of individuals unem- proval not later than 30 days after the Sec- same work activities; ployed for 27 weeks or more shall be based on retary issues guidance relating to submis- (C) State prohibitions or limitations ap- the data for the most recent 12-month pe- sion of such plan. The Secretary shall ap- plied under such Act relating to employment riod, as determined by the Secretary. prove such plans if the Secretary determines status shall not apply to such individuals (c) REALLOTMENT.— that the plans meet the requirements of this who participate in the program described in (1) FAILURE TO SUBMIT STATE PLAN.—If a part and are appropriate and adequate to subsection (b); and State does not submit a State plan by the carry out the purposes of this part. (D) State requirements applied under such time specified in section 323(b), or a State (c) PLAN MODIFICATIONS.—A State may Act relating to an individual’s acceptance of does not receive approval of a State plan, the submit modifications to a State plan that an offer of employment shall not apply with amount the State would have been eligible has been approved under this part, and the regard to an offer of long-term employment to receive pursuant to the formula under Secretary of Labor may approve such modi- from a participating employer made to such subsection (b) shall be allotted to States fications, if the plan as modified would meet individual who is participating in the pro- that receive approval of the State plan under the requirements of this part and are appro- gram described in subsection (b) in a work section 323 in accordance with the relative priate and adequate to carry out the pur- experience provided by such employer, where allotments of such States as determined by poses of this part. such long-term employment is expected to the Secretary under subsection (b). SEC. 324. BRIDGE TO WORK PROGRAM. commence or commences at the conclusion (2) FAILURE TO IMPLEMENT ACTIVITIES ON A (a) IN GENERAL.—A State may use funds al- of the duration specified in paragraph (4)(A); TIMELY BASIS.—The Secretary of Labor may, lotted to the State under this part to estab- (4) the program shall be structured so that in accordance with procedures and criteria lish and administer a Bridge to Work pro- individuals described in paragraph (1) may established by the Secretary, recapture the gram described in this section. participate in the program for up to— portion of the State allotment under this (b) DESCRIPTION OF PROGRAM.—In order to (A) 8 weeks, and part that remains unobligated if the Sec- increase individuals’ opportunities to move (B) 38 hours for each such week; retary determines such funds are not being to permanent employment, a State may es- (5) a State shall ensure that all individuals obligated at a rate sufficient to meet the tablish a Bridge to Work program to provide participating in the program are covered by purposes of this part. The Secretary shall an EUC claimant with short-term work expe- a workers’ compensation insurance program; reallot such recaptured funds to other States rience placements with an eligible employer, and that are not subject to recapture in accord- during which time such individual— (6) the program meets such other require- ance with the relative share of the allot- (1) shall be paid emergency unemployment ments as the Secretary of Labor determines ments of such States as determined by the compensation payable under title IV of the to be appropriate in guidance issued by the Secretary under subsection (b). Supplemental Appropriations Act, 2008 (Pub- Secretary. (3) RECAPTURE OF FUNDS.—Funds recap- lic Law 110–252; 26 U.S.C. 3304 note), as wages (d) STATE REQUIREMENTS.— tured under paragraph (2) shall be available for work performed, and as specified in sub- (1) CERTIFICATION OF ELIGIBLE EMPLOYER.— for reobligation not later than December 31, section (c); A State may certify as eligible for participa- 2012. (2) shall be paid the additional amount de- tion in the program under this section any SEC. 323. STATE PLAN. scribed in subsection (e) as augmented wages employer that meets the eligibility criteria (a) IN GENERAL.—For a State to be eligible for work performed; and as established in guidance by the Secretary to receive an allotment under section 322, a (3) may be paid compensation in addition of Labor, except that an employer shall not State shall submit to the Secretary of Labor to the amounts described in paragraphs (1) be certified as eligible for participation in a State plan in such form and containing and (2) by a State or by a participating em- the program described under subsection (b)— such information as the Secretary may re- ployer as wages for work performed. (A) if such employer— quire, which at a minimum shall include— (c) PROGRAM ELIGIBILITY AND OTHER RE- (i) is a Federal, State, or local government (1) a description of the activities to be car- QUIREMENTS.—For purposes of this program— entity; ried out by the State to assist in the reem- (1) individuals who, except for the require- (ii) would engage an eligible individual in ployment of eligible individuals to be served ments described in paragraph (3), are eligible work activities under any employer’s grant, in accordance with this part, including to receive emergency unemployment com- contract, or subcontract with a Federal, which of the activities authorized in sections pensation payments under title IV of the State, or local government entity, except 324–328 the State intends to carry out and an Supplemental Appropriations Act, 2008 (Pub- with regard to work activities under any em- estimate of the amounts the State intends to lic Law 110–252; 26 U.S.C. 3304 note), and who ployer’s supply contract or subcontract; allocate to the activities, respectively; choose to participate in the program de- (iii) is delinquent with respect to any taxes (2) a description of the performance out- scribed in subsection (b), shall receive such or employer contributions described under comes to be achieved by the State through payments as wages for work performed dur- sections 3301 and 3303(a)(1) of the Internal

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WAGE INSURANCE. dividual participants for the duration of the worksite that is the participant’s place of (a) IN GENERAL.—A State may use the program; employment; or funds allotted to the State under this part to (v) prevent misuse of the program; and (D) the job is created in a manner that will provide a wage insurance program for EUC (vi) pay augmented wages to eligible indi- infringe in any way upon the promotional claimants. viduals, if necessary, as described in sub- opportunities of currently employed individ- (b) BENEFITS.—The wage insurance pro- section (e); and uals (as of the date of the participation). gram provided under this section may use (B) may be used— (i) PROHIBITION ON IMPAIRMENT OF CON- funds allotted to the State under this part to (i) to pay workers’ compensation insurance TRACTS.—An employer shall not, by means of pay, for a period not to exceed 2 years, to a premiums to cover all individuals partici- assigning work activities under this section, worker described in subsection (c), up to 50 pating in the program, except that, if a State impair an existing contract for services or a percent of the difference between— opts not to make such payments directly to collective bargaining agreement, and no (1) the wages received by the worker at the a State administered workers’ compensation such activity that would be inconsistent time of separation; and program, the State involved shall describe in with the terms of a collective bargaining (2) the wages received by the worker for re- the approved State plan the means by which agreement shall be undertaken without the employment. (c) INDIVIDUAL ELIGIBILITY.—The benefits such State shall ensure workers’ compensa- written concurrence of the labor organiza- described in subsection (b) may be paid to an tion or equivalent coverage for all individ- tion that is signatory to the collective bar- gaining agreement. individual who is an EUC claimant at the uals who participate in the program; (j) LIMITATION ON EMPLOYER PARTICIPA- time such individual obtains reemployment (ii) to pay compensation to a participating TION.—If, after 24 weeks of participation in and who— individual that is in addition to the amounts the program, an employer has not made an (1) is at least 50 years of age; described in subsections (c)(1) and (e) as offer of suitable long-term employment to (2) earns not more than $50,000 per year in wages for work performed; any individual described under subsection wages from reemployment; (iii) to provide supportive services, such as (c)(1) who was placed with such employer and (3) is employed on a full-time basis as de- transportation, child care, and dependent has completed the program, a State shall bar fined by the law of the State; and care, that would enable individuals to par- such employer from further participation in (4) is not employed by the employer from ticipate in the program; the program. States may impose additional which the individual was last separated. (iv) for the administration and oversight of conditions on participating employers to en- (d) TOTAL AMOUNT OF PAYMENTS.—A State the program; and sure that an appropriate number of partici- shall establish a maximum amount of pay- (v) to fulfill additional program require- pants receive offers of suitable long term ments per individual for purposes of pay- ments included in the approved State plan. employment. ments described in subsection (b) during the (e) PAYMENT OF AUGMENTED WAGES IF NEC- (k) FAILURE TO MEET PROGRAM REQUIRE- eligibility period described in such sub- ESSARY.—In the event that the wages de- MENTS.—If a State makes a determination scribed in subsection (c)(1) are not sufficient section. based on information provided to the State, (e) NON-DISCRIMINATION REGARDING to equal or exceed the minimum wages that or acquired by the State by means of its ad- WAGES.—An employer shall not pay a worker are required to be paid by an employer under described in subsection (c) less than such em- section 6(a)(1) of the Fair Labor Standards ministration and oversight functions, that a Act of 1938 (29 U.S.C. 206(a)(1)) or the applica- participating employer under this section ployer pays to a regular worker in the same ble State or local minimum wage law, which- has violated a requirement of this section, or substantially equivalent position. ever is higher, a State shall pay augmented the State shall bar such employer from fur- SEC. 326. ENHANCED REEMPLOYMENT STRATE- wages to a program participant in any ther participation in the program. The State GIES. amount necessary to cover the difference be- shall establish a process whereby an indi- (a) IN GENERAL.—A State may use funds al- tween— vidual described in subsection (c)(1), or any lotted under this part to provide a program (1) such minimum wages amount; and other affected individual or entity, may file of enhanced reemployment services to EUC (2) the wages payable under subsection a complaint with the State relating to a vio- claimants. In addition to the provision of (c)(1). lation of any requirement or prohibition services to such claimants, the program may (f) EFFECT OF WAGES ON ELIGIBILITY FOR under this section. include the provision of reemployment serv- OTHER PROGRAMS.—None of the wages paid (l) PARTICIPANT OPTION TO TERMINATE PAR- ices to individuals who are unemployed and under this section shall be considered as in- TICIPATION IN BRIDGE TO WORK PROGRAM.— have exhausted their rights to emergency come for the purposes of determining eligi- (1) TERMINATION.—An individual who is unemployment compensation under title IV bility for and the amount of income transfer participating in a program described in sub- of the Supplemental Appropriations Act, and in-kind aid furnished under any Federal section (b) may opt to discontinue participa- 2008, (Public Law 110–252; 26 U.S.C. 3304 note). or federally assisted program based on need. tion in such program. The program shall provide reemployment (g) EFFECT OF WAGES, WORK ACTIVITIES, (2) CONTINUED ELIGIBILITY FOR EMERGENCY services that are more intensive than the re- AND PROGRAM PARTICIPATION ON CONTINUING UNEMPLOYMENT COMPENSATION.—An indi- employment services provided by the State ELIGIBILITY FOR EMERGENCY UNEMPLOYMENT vidual who opts to discontinue participation prior to the receipt of the allotment under COMPENSATION.—Any wages paid under this in such program, is terminated from such this part.

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

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

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(2) AMOUNT AVAILABLE FOR DIFFERENT (2) failed to meet appropriate requirements the Secretary on a short-time compensation GRANTS.—Of the maximum incentive pay- with respect to such program (as established plan to determine the level of interest ment determined under paragraph (1) with by the Secretary). among such employers in participating in respect to a State— (g) FUNDING.—There are appropriated, out short-time compensation programs. (A) one-third shall be available for a grant of moneys in the Treasury not otherwise ap- (b) FUNDING.—There are appropriated, out under subsection (a)(1); and propriated, to the Secretary, $700,000,000 to of any moneys in the Treasury not otherwise (B) two-thirds shall be available for a grant carry out this section, to remain available appropriated, to the Secretary of Labor, under subsection (a)(2). without fiscal year limitation. $1,500,000 to carry out this section, to remain (c) GRANT APPLICATION AND DISBURSAL.— (h) REPORTING.—The Secretary may estab- available without fiscal year limitation. (1) APPLICATION.—Any State seeking a lish reporting requirements for States re- Subtitle B—Long Term Unemployed Hiring grant under paragraph (1) or (2) of subsection ceiving a grant under this section in order to Preferences (a) shall submit an application to the Sec- provide oversight of grant funds. retary at such time, in such manner, and (i) DEFINITIONS.—In this section: SEC. 351. LONG TERM UNEMPLOYED WORKERS complete with such information as the Sec- (1) SECRETARY.—The term ‘‘Secretary’’ WORK OPPORTUNITY TAX CREDITS. retary may require. In no case may the Sec- means the Secretary of Labor. (a) IN GENERAL.—Paragraph (3) of section retary award a grant under this section with (2) SHORT-TIME COMPENSATION PROGRAM.— 51(b) of the Internal Revenue Code is amend- respect to an application that is submitted The term ‘‘short-time compensation pro- ed by inserting ‘‘$10,000 per year in the case after December 31, 2014. gram’’ has the meaning given such term in of any individual who is a qualified long (2) NOTICE.—The Secretary shall, within 30 section 3306(v) of the Internal Revenue Code term unemployed individual by reason of days after receiving a complete application, of 1986, as added by section 341(a). subsection (d)(11), and’’ before ‘‘$12,000 per notify the State agency of the State of the (3) STATE; STATE AGENCY; STATE LAW.—The year’’. Secretary’s findings with respect to the re- terms ‘‘State’’, ‘‘State agency’’, and ‘‘State (b) LONG TERM UNEMPLOYED INDIVIDUALS quirements for a grant under paragraph (1) law’’ have the meanings given those terms in TAX CREDITS.—Paragraph (d) of section 51 of or (2) (or both) of subsection (a). section 205 of the Federal-State Extended the Internal Revenue Code is amended by— (3) CERTIFICATION.—If the Secretary finds Unemployment Compensation Act of 1970 (26 (1) inserting ‘‘(J) qualified long term un- that the State law provisions meet the re- U.S.C. 3304 note). employed individual’’ at the end of para- quirements for a grant under subsection (a), SEC. 345. ASSISTANCE AND GUIDANCE IN IMPLE- graph (d)(1); the Secretary shall thereupon make a cer- MENTING PROGRAMS. (2) inserting a new paragraph after para- tification to that effect to the Secretary of (a) IN GENERAL.—In order to assist States graph (10) as follows— the Treasury, together with a certification in establishing, qualifying, and imple- ‘‘(11) QUALIFIED LONG TERM UNEMPLOYED IN- as to the amount of the grant payment to be menting short-time compensation programs DIVIDUAL.— transferred to the State account in the Un- (as defined in section 3306(v) of the Internal ‘‘(A) IN GENERAL.—The term ‘qualified long employment Trust Fund (as established in Revenue Code of 1986, as added by section term unemployed individual’ means any in- section 904(a) of the Social Security Act (42 341(a)), the Secretary of Labor (in this sec- dividual who was not a student for at least 6 U.S.C. 1104(a))) pursuant to that finding. The tion referred to as the ‘‘Secretary’’) shall— months during the 1-year period ending on Secretary of the Treasury shall make the ap- (1) develop model legislative language the hiring date and is certified by the des- propriate transfer to the State account with- which may be used by States in developing ignated local agency as having aggregate pe- in 7 days after receiving such certification. and enacting such programs and periodically riods of unemployment during the 1-year pe- (4) REQUIREMENT.—No certification of com- review and revise such model legislative lan- riod ending on the hiring date which equal or pliance with the requirements for a grant guage; exceed 6 months. under paragraph (1) or (2) of subsection (a) (2) provide technical assistance and guid- ‘‘(B) STUDENT.—For purposes of this sub- may be made with respect to any State ance in developing, enacting, and imple- section, a student is an individual enrolled whose— menting such programs; at least half-time in a program that leads to (A) State law is not otherwise eligible for (3) establish reporting requirements for a degree, certificate, or other recognized certification under section 303 of the Social States, including reporting on— educational credential for at least 6 months Security Act (42 U.S.C. 503) or approvable (A) the number of estimated averted lay- whether or not consecutive during the 1-year under section 3304 of the Internal Revenue offs; period ending on the hiring date.’’; and Code of 1986; or (B) the number of participating employers (3) renumbering current paragraphs (11) (B) short-time compensation program is and workers; and through (14) as paragraphs (12) through (15). subject to discontinuation or is not sched- (C) such other items as the Secretary of (c) SIMPLIFIED CERTIFICATION.—Section uled to take effect within 12 months of the Labor determines are appropriate. 51(d) of the Internal Revenue Code is amend- certification. (b) MODEL LANGUAGE AND GUIDANCE.—The ed by adding a new paragraph 16 as follows: (d) USE OF FUNDS.—The amount of any model language and guidance developed ‘‘(16) CREDIT ALLOWED FOR QUALIFIED LONG grant awarded under this section shall be under subsection (a) shall allow sufficient TERM UNEMPLOYED INDIVIDUALS.— used for the implementation of short-time flexibility by States and participating em- ‘‘(A) IN GENERAL.—Any qualified long term compensation programs and the overall ad- ployers while ensuring accountability and unemployed individual under paragraph (11) ministration of such programs and the pro- program integrity. will be treated as certified by the designated motion and enrollment efforts associated (c) CONSULTATION.—In developing the local agency as having aggregate periods of with such programs, such as through— model legislative language and guidance unemployment if— (1) the creation or support of rapid re- under subsection (a), and in order to meet ‘‘(i) the individual is certified by the des- sponse teams to advise employers about al- the requirements of subsection (b), the Sec- ignated local agency as being in receipt of ternatives to layoffs; retary shall consult with employers, labor unemployment compensation under State or (2) the provision of education or assistance organizations, State workforce agencies, and Federal law for not less than 6 months dur- to employers to enable them to assess the other program experts. ing the 1-year period ending on the hiring feasibility of participating in short-time date. compensation programs; and SEC. 346. REPORTS. ‘‘(B) REGULATORY AUTHORITY.—The Sec- (3) the development or enhancement of sys- (a) REPORT.— retary in his discretion may provide alter- tems to automate— (1) IN GENERAL.—Not later than 4 years native methods for certification.’’. (A) the submission and approval of plans; after the date of the enactment of this Act, and the Secretary of Labor shall submit to Con- (d) CREDIT MADE AVAILABLE TO TAX-EX- (B) the filing and approval of new and on- gress and to the President a report or reports EMPT EMPLOYERS IN CERTAIN CIR- going short-time compensation claims. on the implementation of the provisions of CUMSTANCES.—Section 52(c) of the Internal (e) ADMINISTRATION.—The Secretary is au- this Act. Revenue Code is amended— thorized to use 0.25 percent of the funds (2) REQUIREMENTS.—Any report under para- (1) by striking the word ‘‘No’’ at the begin- available under subsection (g) to provide for graph (1) shall at a minimum include the fol- ning of the section and replacing it with outreach and to share best practices with re- lowing: ‘‘Except as provided in this subsection, no’’; spect to this section and short-time com- (A) A description of best practices by and pensation programs. States and employers in the administration, (2) the following new paragraphs are in- (f) RECOUPMENT.—The Secretary shall es- promotion, and use of short-time compensa- serted at the end of section 52(c)— tablish a process under which the Secretary tion programs (as defined in section 3306(v) ‘‘(1) IN GENERAL.—In the case of a tax-ex- shall recoup the amount of any grant award- of the Internal Revenue Code of 1986, as empt employer, there shall be treated as a ed under paragraph (1) or (2) of subsection (a) added by section 341(a)). credit allowable under subpart C (and not al- if the Secretary determines that, during the (B) An analysis of the significant chal- lowable under subpart D) the lesser of— 5-year period beginning on the first date that lenges to State enactment and implementa- ‘‘(A) the amount of the work opportunity any such grant is awarded to the State, the tion of short-time compensation programs. credit determined under this subpart with State— (C) A survey of employers in States that respect to such employer that is related to (1) terminated the State’s short-time com- have not enacted a short-time compensation the hiring of qualified long term unemployed pensation program; or program or entered into an agreement with individuals described in subsection (d)(11); or

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.026 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6220 CONGRESSIONAL RECORD — SENATE October 5, 2011 ‘‘(B) the amount of the payroll taxes of the States as if such possession were the United tion of the activities authorized under this employer during the calendar year in which States. section. the taxable year begins. (C) TREATMENT OF PAYMENTS.—For pur- (b) STATE ALLOTMENTS.— ‘‘(2) CREDIT AMOUNT.—In calculating tax- poses of section 1324(b)(2) of title 31, United (1) RESERVATIONS FOR OUTLYING AREAS AND exempt employers, the work opportunity States Code, rules similar to the rules of sec- TRIBES.—Of the funds described in subsection credit shall be determined by substituting ‘26 tion 1001(b)(3)(C) of the American Recovery (a)(1), the Secretary shall reserve— percent’ for ‘40 percent’ in section 51(a) and and Reinvestment Tax Act of 2009 shall (A) not more than one-quarter of one per- by substituting ‘16.25 percent’ for ‘25 percent’ apply. cent to provide assistance to outlying areas in section 51(i)(3)(A). (f) EFFECTIVE DATE.—The amendments to provide subsidized employment to low-in- ‘‘(3) TAX-EXEMPT EMPLOYER.—For purposes made by this section shall apply to individ- come adults who are unemployed; and of this subtitle, the term ‘tax-exempt em- uals who begin work for the employer after (B) 1.5 percent to provide assistance to ployer’ means an employer that is— the date of the enactment of this Act. grantees of the Native American programs ‘‘(A) an organization described in section Subtitle C—Pathways Back to Work under section 166 of the Workforce Invest- 501(c) and exempt from taxation under sec- ment Act of 1998 to provide subsidized em- SEC. 361. SHORT TITLE. tion 501(a), or ployment to low-income adults who are un- This subtitle may be cited as the ‘‘Path- ‘‘(B) a public higher education institution employed. ways Back to Work Act of 2011’’. (as defined in section 101 of the Higher Edu- (2) STATES.—After determining the cation Act of 1965). SEC. 362. ESTABLISHMENT OF PATHWAYS BACK amounts to be reserved under paragraph (1), TO WORK FUND. ‘‘(4) PAYROLL TAXES.—For purposes of this the Secretary of Labor shall allot the re- (a) ESTABLISHMENT.—There is established subsection— mainder of the amounts described in sub- in the Treasury of the United States a fund ‘‘(A) IN GENERAL.—The term ‘payroll taxes’ section (a)(1) among the States as follows: means— which shall be known as the Pathways Back (A) one-third shall be allotted on the basis ‘‘(i) amounts required to be withheld from to Work Fund (hereafter in this Act referred of the relative number of unemployed indi- the employees of the tax-exempt employer to as ‘‘the Fund’’). viduals in areas of substantial unemploy- (b) DEPOSITS INTO THE FUND.—Out of any under section 3401(a), ment in each State, compared to the total amounts in the Treasury of the United ‘‘(ii) amounts required to be withheld from number of unemployed individuals in areas such employees under section 3101, and States not otherwise appropriated, there are of substantial unemployment in all States; ‘‘(iii) amounts of the taxes imposed on the appropriated $5,000,000,000 for payment to the (B) one-third shall be allotted on the basis tax-exempt employer under section 3111.’’. Fund to be used by the Secretary of Labor to of the relative excess number of unemployed (e) TREATMENT OF POSSESSIONS.— carry out this Act. individuals in each State, compared to the (1) PAYMENTS TO POSSESSIONS.— SEC. 363. AVAILABILITY OF FUNDS. total excess number of unemployed individ- (A) MIRROR CODE POSSESSIONS.—The Sec- (a) IN GENERAL.—Of the amounts available uals in all States; and retary of the Treasury shall pay to each pos- to the Fund under section 362(b), the Sec- (C) one-third shall be allotted on the basis session of the United States with a mirror retary of Labor shall— of the relative number of disadvantaged code tax system amounts equal to the loss to (1) allot $2,000,000,000 in accordance with adults and youth in each State, compared to that possession by reason of the application section 364 to provide subsidized employment the total number of disadvantaged adults of this section (other than this subsection). to unemployed, low-income adults; and youth in all States. Such amounts shall be determined by the (2) allot $1,500,000,000 in accordance with (3) DEFINITIONS.—For purposes of the for- Secretary of the Treasury based on informa- section 365 to provide summer and year- mula described in paragraph (2)— tion provided by the government of the re- round employment opportunities to low-in- (A) AREA OF SUBSTANTIAL UNEMPLOY- spective possession of the United States. come youth; MENT.—The term ‘‘area of substantial unem- (B) OTHER POSSESSIONS.—The Secretary of (3) award $1,500,000,000 in competitive ployment’’ means any contiguous area with the Treasury shall pay to each possession of grants in accordance with section 366 to a population of at least 10,000 and that has the United States, which does not have a local entities to carry out work-based train- an average rate of unemployment of at least mirror code tax system, amounts estimated ing and other work-related and educational 6.5 percent for the most recent 12 months, as by the Secretary of the Treasury as being strategies and activities of demonstrated ef- determined by the Secretary. equal to the aggregate credits that would fectiveness to unemployed, low-income (B) DISADVANTAGED ADULTS AND YOUTH.— have been provided by the possession by rea- adults and low-income youth to provide the The term ‘‘disadvantaged adults and youth’’ son of the application of this section (other skills and assistance needed to obtain em- means an individual who is age 16 and older than this subsection) if a mirror code tax ployment. (subject to section 132(b)(1)(B)(v)(I) of the system had been in effect in such possession. (b) RESERVATION.—The Secretary of Labor Workforce Investment Act of 1998) who re- The preceding sentence shall not apply with may reserve not more than 1 percent of ceived an income, or is a member of a family respect to any possession of the United amounts available to the Fund under each of that received a total family income, that, in States unless such possession has a plan, paragraphs (1)–(3) of subsection (a) for the relation to family size, does not exceed the which has been approved by the Secretary of costs of technical assistance, evaluations higher of— the Treasury, under which such possession and Federal administration of this Act. (i) the poverty line; or will promptly distribute such payments. (c) PERIOD OF AVAILABILITY.—The amounts (ii) 70 percent of the lower living standard (2) COORDINATION WITH CREDIT ALLOWED appropriated under this Act shall be avail- income level. AGAINST UNITED STATES INCOME TAXES.—No able for obligation by the Secretary of Labor (C) EXCESS NUMBER.—The term ‘‘excess increase in the credit determined under sec- until December 31, 2012, and shall be avail- number’’ means, used with respect to the ex- tion 38(b) of the Internal Revenue Code of able for expenditure by grantees and sub- cess number of unemployed individuals with- 1986 that is attributable to the credit pro- grantees until September 30, 2013. in a State, the higher of— vided by this section (other than this sub- SEC. 364. SUBSIDIZED EMPLOYMENT FOR UNEM- (i) the number that represents the number section (e)) shall be taken into account with PLOYED, LOW-INCOME ADULTS. of unemployed individuals in excess of 4.5 respect to any person— (a) IN GENERAL.— percent of the civilian labor force in the (A) to whom a credit is allowed against (1) ALLOTMENTS.—From the funds available State; or taxes imposed by the possession of the under section 363(a)(1), the Secretary of (ii) the number that represents the number United States by reason of this section for Labor shall make an allotment under sub- of unemployed individuals in excess of 4.5 such taxable year, or section (b) to each State that has a State percent of the civilian labor force in areas of (B) who is eligible for a payment under a plan approved under subsection (c) and to substantial unemployment in such State. plan described in paragraph (1)(B) with re- each outlying area and Native American (4) REALLOTMENT.—If the Governor of a spect to such taxable year. grantee under section 166 of the Workforce State does not submit a State plan by the (3) DEFINITIONS AND SPECIAL RULES.— Investment Act of 1998 that meets the re- time specified in subsection (c), or a State (A) POSSESSION OF THE UNITED STATES.—For quirements of this section, for the purpose of does not receive approval of a State plan, the purposes of this subsection (e), the term providing subsidized employment opportuni- amount the State would have been eligible ‘‘possession of the United States’’ includes ties to unemployed, low-income adults. to receive pursuant to the formula under American Samoa, the Commonwealth of the (2) GUIDANCE.—Not later than 30 days after paragraph (2) shall be transferred within the Northern Mariana Islands, the Common- the date of enactment of this Act, the Sec- Fund and added to the amounts available for wealth of Puerto Rico, Guam, and the United retary of Labor, in coordination with the the competitive grants under section States Virgin Islands. Secretary of Health and Human Services, 363(a)(3). (B) MIRROR CODE TAX SYSTEM.—For pur- shall issue guidance regarding the implemen- (c) STATE PLAN.— poses of this subsection, the term ‘‘mirror tation of this section. Such guidance shall, (1) IN GENERAL.—For a State to be eligible code tax system’’ means, with respect to any consistent with this section, include proce- to receive an allotment of the funds under possession of the United States, the income dures for the submission and approval of subsection (b), the Governor of the State tax system of such possession if the income State and local plans and the allotment and shall submit to the Secretary of Labor a tax liability of the residents of such posses- allocation of funds, including reallotment State plan in such form and containing such sion under such system is determined by ref- and reallocation of such funds, that promote information as the Secretary may require. erence to the income tax laws of the United the expeditious and effective implementa- At a minimum, such plan shall include—

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.027 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6221 (A) a description of the strategies and ac- State plan under this subsection consistent to the formula under subparagraph (A)(i) tivities to be carried out by the State, in co- with the requirements of this section. shall be allocated to local workforce invest- ordination with employers in the State, to (d) ADMINISTRATION WITHIN THE STATE.— ment areas that receive approval of the local provide subsidized employment opportuni- (1) OPTION.—The State may administer the plan under subparagraph (B). Such realloca- ties to unemployed, low-income adults, in- funds for activities under this section tions shall be made in accordance with the cluding strategies relating to the level and through— relative share of the allocations to such local duration of subsidies consistent with sub- (A) the State and local entities responsible workforce investment areas applying the for- section (e)(2); for the administration of the adult formula mula factors described under subparagraph (B) a description of the requirements the program under title I–B of the Workforce In- (A)(i). State will apply relating to the eligibility of vestment Act of 1998; (e) USE OF FUNDS.— unemployed, low-income adults, consistent (B) the entities responsible for the admin- (1) IN GENERAL.—The funds under this sec- with section 368(6), for subsidized employ- istration of the TANF program under part A tion shall be used to provide subsidized em- ment opportunities, which may include cri- of title IV of the Social Security Act; or ployment for unemployed, low-income teria to target assistance to particular cat- (C) a combination of the entities described adults. The State and local entities described egories of such adults, such as individuals in subparagraphs (A) and (B). in subsection (d)(1) may use a variety of with disabilities or individuals who have ex- (2) WITHIN-STATE ALLOCATIONS.— strategies in recruiting employers and iden- hausted all rights to unemployment com- (A) ALLOCATION OF FUNDS.—The Governor tifying appropriate employment opportuni- pensation; may reserve up to 5 percent of the allotment ties, with a priority to be provided to em- (C) a description of how the funds allotted under subsection (b)(2) for administration ployment opportunities likely to lead to un- to provide subsidized employment opportuni- and technical assistance, and shall allocate subsidized employment in emerging or in-de- ties will be administered in the State and the remainder, in accordance with the option mand occupations in the local area. Funds local areas, in accordance with subsection elected under paragraph (1)— under this section may be used to provide (d); (i) among local workforce investment support services, such as transportation and (D) a description of the performance out- areas within the State in accordance with child care, that are necessary to enable the comes to be achieved by the State through the factors identified in subsection (b)(2), ex- participation of individuals in subsidized em- the activities carried out under this section cept that for purposes of such allocation ref- ployment opportunities. and the processes the State will use to track erences to a State in such paragraph shall be (2) LEVEL OF SUBSIDY AND DURATION.—The performance, consistent with guidance pro- deemed to be references to a local workforce States or local entities described in sub- vided by the Secretary of Labor regarding investment area and references to all States section (d)(1) may determine the percentage such outcomes and processes and with sec- shall be deemed to be references to all local of the wages and costs of employing a partic- tion 367(b); areas in the State involved, of which not ipant for which an employer may receive a (E) a description of the coordination of ac- more than 10 percent of the funds allocated subsidy with the funds provided under this tivities to be carried out with the funds pro- to a local workforce investment area may be section, and the duration of such subsidy, in vided under this section with activities used for the costs of administration of this accordance with guidance issued by the Sec- under title I of the Workforce Investment section; or retary. The State or local entities may es- Act of 1998, the TANF program under part A (ii) through entities responsible for the ad- tablish criteria for determining such per- of title IV of the Social Security Act, and ministration of the TANF program under centage or duration using appropriate fac- other appropriate Federal and State pro- part A of title IV of the Social Security Act tors such as the size of the employer and grams that may assist unemployed, low-in- in local areas in such manner as the State types of employment. come adults in obtaining and retaining em- may determine appropriate. (f) COORDINATION OF FEDERAL ADMINISTRA- ployment; (B) LOCAL PLANS.— TION.—The Secretary of Labor shall admin- (F) a description of the timelines for im- (i) IN GENERAL.—In the case where the re- ister this section in coordination with the plementation of the activities described in sponsibility for the administration of activi- Secretary of Health and Human Services to subparagraph (A), and the number of unem- ties is to be carried out by the entities de- ensure the effective implementation of this ployed, low-income adults expected to be scribed under paragraph (1)(A), in order to section. placed in subsidized employment by quarter; receive an allocation under subparagraph SEC. 365. SUMMER EMPLOYMENT AND YEAR- (G) assurances that the State will report (A)(i), a local workforce investment board, in ROUND EMPLOYMENT OPPORTUNI- such information as the Secretary of Labor partnership with the chief elected official of TIES FOR LOW-INCOME YOUTH. may require relating to fiscal, performance the local workforce investment area in- (a) IN GENERAL.—From the funds available and other matters that the Secretary deter- volved, shall submit to the Governor a local under section 363(a)(2), the Secretary of Labor shall make an allotment under sub- mines is necessary to effectively monitor the plan for the use of such funds under this sec- section (c) to each State that has a State activities carried out under this section; and tion not later than 30 days after the submis- plan modification (or other form of request (H) assurances that the State will ensure sion of the State plan. Such local plan may for funds specified in guidance under sub- compliance with the labor standards and pro- be submitted as a modification to a local section (b)) approved under subsection (d) tections described in section 367(a) of this plan approved under section 118 of the Work- and to each outlying area and Native Amer- Act. force Investment Act of 1998. ican grantee under section 166 of the Work- (2) SUBMISSION AND APPROVAL OF STATE (ii) CONTENTS.—The local plan described in force Investment Act of 1998 that meets the PLAN.— clause (i) shall contain the elements de- requirements of this section, for the purpose (A) SUBMISSION WITH OTHER PLANS.—The scribed in subparagraphs (A)–(H) of sub- of providing summer employment and year- section (c)(1), as applied to the local work- State plan described in this subsection may round employment opportunities to low-in- be submitted in conjunction with the State force investment area. come youth. plan modification or request for funds re- (iii) APPROVAL.—The Governor shall ap- (b) GUIDANCE AND APPLICATION OF REQUIRE- quired under section 365, and may be sub- prove or disapprove the local plan submitted MENTS.— mitted as a modification to a State plan that under clause (i) within 30 days after submis- (1) GUIDANCE.—Not later than 20 days after has been approved under section 112 of the sion, or if later, 30 days after the approval of the date of enactment of this Act, the Sec- Workforce Investment Act of 1998. the State plan. The Governor shall approve retary of Labor shall issue guidance regard- (B) SUBMISSION AND APPROVAL.— the plan unless the Governor determines ing the implementation of this section. Such (i) SUBMISSION.—The Governor shall sub- that the plan is inconsistent with require- guidance shall, consistent with this section, mit a plan to the Secretary of Labor not ments of this section or is not reasonably ap- include procedures for the submission and later than 75 days after the enactment of propriate and adequate to carry out the pur- approval of State plan modifications, or for this Act and the Secretary of Labor shall poses of this section. If the Governor has not forms of requests for funds by the State as make a determination regarding the ap- made a determination within the period may be identified in such guidance, local proval or disapproval of such plans not later specified under the first sentence of this plan modifications, or other forms of re- than 45 days after the submission of such clause, the plan shall be considered ap- quests for funds from local workforce invest- plan. If the plan is disapproved, the Sec- proved. If the plan is disapproved, the Gov- ment areas as may be identified in such guid- retary of Labor may provide a reasonable pe- ernor may provide a reasonable period of ance, and the allotment and allocation of riod of time in which a disapproved plan may time in which a disapproved plan may be funds, including reallotment and realloca- be amended and resubmitted for approval. amended and resubmitted for approval. The tion of such funds, that promote the expedi- (ii) APPROVAL.—The Secretary of Labor Governor shall allocate funds to local work- tious and effective implementation of the ac- shall approve a State plan that the Sec- force investment areas with approved plans tivities authorized under this section. retary determines is consistent with require- within 30 days after such approval. (2) REQUIREMENTS.—Except as otherwise ments of this section and reasonably appro- (C) REALLOCATION OF FUNDS TO LOCAL provided in the guidance described in para- priate and adequate to carry out the pur- AREAS.—If a local workforce investment graph (1) and in this section and other provi- poses of this section. If the plan is approved, board does not submit a local plan by the sions of this Act, the funds provided for ac- the Secretary shall allot funds to States time specified in subparagraph (B) or the tivities under this section shall be adminis- within 30 days after such approval. Governor does not approve a local plan, the tered in accordance with subtitles B and E of (3) MODIFICATIONS TO STATE PLAN.—The amount the local workforce investment area title I of the Workforce Investment Act of Governor may submit a modification to a would have been eligible to receive pursuant 1998 relating to youth activities.

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(c) STATE ALLOTMENTS.— (A) SUBMISSION.—The Governor shall sub- tified in guidance under subsection (b)) by (1) RESERVATIONS FOR OUTLYING AREAS AND mit a modification of the State plan or other the time specified in paragraph (2), or does TRIBES.—Of the funds described in subsection request for funds described in guidance in not receive approval of a local plan, the (a), the Secretary shall reserve— subsection (b) to the Secretary of Labor not amount the local workforce investment area (A) not more than one-quarter of one per- later than 30 days after the issuance of such would have been eligible to receive pursuant cent to provide assistance to outlying areas guidance. The State plan modification or re- to the formula under paragraph (1)(B) shall to provide summer and year-round employ- quest for funds required under this sub- be allocated to local workforce investment ment opportunities to low-income youth; section may be submitted in conjunction areas that receive approval of the local plan and with the State plan required under section modification or request for funds under para- (B) 1.5 percent to provide assistance to 364. graph (2). Such reallocations shall be made grantees of the Native American programs (B) APPROVAL.—The Secretary of Labor in accordance with the relative share of the under section 166 of the Workforce Invest- shall approve the plan or request submitted allocations to such local workforce invest- ment Act of 1998 to provide summer and under subparagraph (A) within 30 days after ment areas applying the formula factors de- year-round employment opportunities to submission, unless the Secretary determines scribed under paragraph (1)(B). low-income youth. that the plan or request is inconsistent with (f) USE OF FUNDS.— (2) STATES.—After determining the the requirements of this section. If the Sec- (1) IN GENERAL.—The funds provided under amounts to be reserved under paragraph (1), retary has not made a determination within this section shall be used— the Secretary of Labor shall allot the re- 30 days, the plan or request shall be consid- (A) to provide summer employment oppor- mainder of the amounts described in sub- ered approved. If the plan or request is dis- tunities for low-income youth, ages 16 section (a) among the States in accordance approved, the Secretary may provide a rea- through 24, with direct linkages to academic with the factors described in section 364(b)(2) sonable period of time in which a dis- and occupational learning, and may include of this Act. approved plan or request may be amended the provision of supportive services, such as (3) REALLOTMENT.—If the Governor of a and resubmitted for approval. If the plan or transportation or child care, necessary to en- State does not submit a State plan modifica- request is approved, the Secretary shall allot able such youth to participate; and tion or other request for funds specified in funds to States within 30 days after such ap- (B) to provide year-round employment op- guidance under subsection (b) by the time proval. portunities, which may be combined with specified in subsection (d)(2)(B), or a State (3) MODIFICATIONS TO STATE PLAN OR RE- other activities authorized under section 129 does not receive approval of such State plan QUEST.—The Governor may submit further of the Workforce Investment Act of 1998, to modification or request, the amount the modifications to a State plan or request for low-income youth, ages 16 through 24, with a State would have been eligible to receive funds identified under subsection (b) to carry priority to out-of-school youth who are— pursuant to the formula under paragraph (2) out this section in accordance with the re- (i) high school dropouts; or quirements of this section. shall be transferred within the Fund and (ii) recipients of a secondary school di- (e) WITHIN-STATE ALLOCATION AND ADMINIS- added to the amounts available for the com- ploma or its equivalent but who are basic TRATION.— petitive grants under section 363(a)(3). skills deficient unemployed or under- (1) IN GENERAL.—Of the funds allotted to (d) STATE PLAN MODIFICATION.— the State under subsection (c), the Gov- employed. (1) IN GENERAL.—For a State to be eligible ernor— (2) PROGRAM PRIORITIES.—In administering to receive an allotment of the funds under (A) may reserve up to 5 percent of the al- the funds under this section, the local board subsection (c), the Governor of the State lotment for administration and technical as- and local chief elected officials shall give a shall submit to the Secretary of Labor a sistance; and priority to— modification to a State plan approved under (B) shall allocate the remainder of the al- (A) identifying employment opportunities section 112 of the Workforce Investment Act lotment among local workforce investment that are— of 1998, or other request for funds described areas within the State in accordance with (i) in emerging or in-demand occupations in guidance in subsection (b), in such form the factors identified in section 364(b)(2), ex- in the local workforce investment area; or and containing such information as the Sec- cept that for purposes of such allocation ref- (ii) in the public or nonprofit sector that retary may require. At a minimum, such erences to a State in such paragraph shall be meet community needs; and plan modification or request shall include— deemed to be references to a local workforce (B) linking year-round program partici- (A) a description of the strategies and ac- investment area and references to all States pants to training and educational activities tivities to be carried out to provide summer shall be deemed to be references to all local that will provide such participants an indus- employment opportunities and year-round areas in the State involved. Not more than try-recognized certificate or credential. employment opportunities, including the 10 percent of the funds allocated to a local (3) PERFORMANCE ACCOUNTABILITY.—For ac- linkages to educational activities, consistent workforce investment area may be used for tivities funded under this section, in lieu of with subsection (f); the costs of administration of this section. the requirements described in section 136 of (B) a description of the requirements the (2) LOCAL PLAN.— the Workforce Investment Act of 1998, State States will apply relating to the eligibility (A) SUBMISSION.—In order to receive an al- and local workforce investment areas shall of low-income youth, consistent with section location under paragraph (1)(B), the local provide such reports as the Secretary of 368(4), for summer employment opportunities workforce investment board, in partnership Labor may require regarding the perform- and year-round employment opportunities, with the chief elected official for the local ance outcomes described in section 367(a)(5). which may include criteria to target assist- workforce investment area involved, shall SEC. 366. WORK-BASED EMPLOYMENT STRATE- ance to particular categories of such low-in- submit to the Governor a modification to a GIES OF DEMONSTRATED EFFEC- come youth, such as youth with disabilities, local plan approved under section 118 of the TIVENESS. consistent with subsection (f); Workforce Investment Act of 1998, or other (a) IN GENERAL.—From the funds available (C) a description of the performance out- form of request for funds as may be identi- under section 363(a)(3), the Secretary of comes to be achieved by the State through fied in the guidance issued under subsection Labor shall award grants on a competitive the activities carried out under this section (b), not later than 30 days after the submis- basis to eligible entities to carry out work- and the processes the State will use to track sion by the State of the modification to the based strategies of demonstrated effective- performance, consistent with guidance pro- State plan or other request for funds identi- ness. vided by the Secretary of Labor regarding fied in subsection (b), describing the strate- (b) USE OF FUNDS.—The grants awarded such outcomes and processes and with sec- gies and activities to be carried out under under this section shall be used to support tion 367(b); this section. strategies and activities of demonstrated ef- (D) a description of the timelines for im- (B) APPROVAL.—The Governor shall ap- fectiveness that are designed to provide un- plementation of the activities described in prove the local plan submitted under sub- employed, low-income adults or low-income subparagraph (A), and the number of low-in- paragraph (A) within 30 days after submis- youth with the skills that will lead to em- come youth expected to be placed in summer sion, unless the Governor determines that ployment as part of or upon completion of employment opportunities, and year-round the plan is inconsistent with requirements of participation in such activities. Such strate- employment opportunities, respectively, by this section. If the Governor has not made a gies and activities may include— quarter; determination within 30 days, the plan shall (1) on-the-job training, registered appren- (E) assurances that the State will report be considered approved. If the plan is dis- ticeship programs, or other programs that such information as the Secretary may re- approved, the Governor may provide a rea- combine work with skills development; quire relating to fiscal, performance and sonable period of time in which a dis- (2) sector-based training programs that other matters that the Secretary determines approved plan may be amended and resub- have been designed to meet the specific re- is necessary to effectively monitor the ac- mitted for approval. The Governor shall allo- quirements of an employer or group of em- tivities carried out under this section; and cate funds to local workforce investment ployers in that sector and where employers (F) assurances that the State will ensure areas with approved plans within 30 days are committed to hiring individuals upon compliance with the labor standards protec- after approval. successful completion of the training; tions described in section 367(a). (3) REALLOCATION.—If a local workforce in- (3) training that supports an industry sec- (2) SUBMISSION AND APPROVAL OF STATE vestment board does not submit a local plan tor or an employer-based or labor-manage- PLAN MODIFICATION OR REQUEST.— modification (or other request for funds iden- ment committee industry partnership which

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.027 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6223 includes a significant work-experience com- under this section, including identification (i) entry into unsubsidized employment, re- ponent; of anticipated occupational and skill needs; tention, and earnings as described in sub- (4) acquisition of industry-recognized cre- (8) provide assurances that the grant re- paragraph (A); and dentials in a field identified by the State or cipient will report such information as the (ii) the attainment of industry-recognized local workforce investment area as a growth Secretary may require relating to fiscal, per- credentials. sector or demand industry in which there are formance and other matters that the Sec- (c) ACTIVITIES REQUIRED TO BE ADDI- likely to be significant job opportunities in retary determines is necessary to effectively TIONAL.—Funds provided under this Act shall the short-term; monitor the activities carried out under this only be used for activities that are in addi- (5) connections to immediate work oppor- section; and tion to activities that would otherwise be tunities, including subsidized employment (9) provide assurances that the use of the available in the State or local area in the ab- opportunities, or summer employment op- funds provided under this section will com- sence of such funds. portunities for youth, that includes concur- ply with the labor standards and protections (d) ADDITIONAL REQUIREMENTS.—The Sec- rent skills training and other supports; described in section 367(a). retary of Labor may establish such addi- (6) career academies that provide students (e) PRIORITY IN AWARDS.—In awarding tional requirements as the Secretary deter- with the academic preparation and training, grants under this section, the Secretary of mines may be necessary to ensure fiscal in- including paid internships and concurrent Labor shall give a priority to applications tegrity, effective monitoring, and the appro- enrollment in community colleges or other submitted by eligible entities from areas of priate and prompt implementation of the ac- postsecondary institutions, needed to pursue high poverty and high unemployment, as de- tivities under this Act. a career pathway that leads to postsec- fined by the Secretary, such as Public Use (e) REPORT OF INFORMATION AND EVALUA- ondary credentials and high-demand jobs; Microdata Areas (PUMAs) as designated by TIONS TO CONGRESS AND THE PUBLIC.—The and the Census Bureau. Secretary of Labor shall provide to the ap- (7) adult basic education and integrated (f) COORDINATION OF FEDERAL ADMINISTRA- propriate Committees of the Congress and basic education and training models for low- TION.—The Secretary of Labor shall admin- make available to the public the information skilled adults, hosted at community colleges ister this section in coordination with the reported pursuant to subsection (b) and the or at other sites, to prepare individuals for Secretary of Education, Secretary of Health evaluations of activities carried out pursu- jobs that are in demand in a local area. and Human Services, and other appropriate ant to the funds reserved under section (c) ELIGIBLE ENTITY.—An eligible entity agency heads, to ensure the effective imple- 363(b). shall include a local chief elected official, in mentation of this section. SEC. 368. DEFINITIONS. collaboration with the local workforce in- SEC. 367. GENERAL REQUIREMENTS. In this Act: vestment board for the local workforce in- vestment area involved (which may include a (a) LABOR STANDARDS AND PROTECTIONS.— (1) LOCAL CHIEF ELECTED OFFICIAL.—The partnership with such officials and boards in Activities provided with funds under this Act term ‘‘local chief elected official’’ means the the region and in the State), or an entity eli- shall be subject to the requirements and re- chief elected executive officer of a unit of gible to apply for an Indian and Native strictions, including the labor standards, de- local government in a local workforce in- American grant under section 166 of the scribed in section 181 of the Workforce In- vestment area or in the case where more Workforce Investment Act of 1998, and may vestment Act of 1998 and the nondiscrimina- than one unit of general government, the in- include, in partnership with such officials, tion provisions of section 188 of such Act, in dividuals designated under an agreement de- boards, and entities, the following: addition to other applicable federal laws. scribed in section 117(c)(1)(B) of the Work- (1) employers or employer associations; (b) REPORTING.—The Secretary may re- force Investment Act of 1998. (2) adult education providers and postsec- quire the reporting of information relating (2) LOCAL WORKFORCE INVESTMENT AREA.— ondary educational institutions, including to fiscal, performance and other matters The term ‘‘local workforce investment area’’ community colleges; that the Secretary determines is necessary means such area designated under section 116 (3) community-based organizations; to effectively monitor the activities carried of the Workforce Investment Act of 1998. (4) joint labor-management committees; out with funds provided under this Act. At a (3) LOCAL WORKFORCE INVESTMENT BOARD.— (5) work-related intermediaries; or minimum, grantees and subgrantees shall The term ‘‘local workforce investment (6) other appropriate organizations. provide information relating to— board’’ means such board established under (d) APPLICATION.—An eligible entity seek- (1) the number of individuals participating section 117 of the Workforce Investment Act ing to receive a grant under this section in activities with funds provided under this of 1998. shall submit to the Secretary of Labor an ap- Act and the number of such individuals who (4) LOW-INCOME YOUTH.—The term ‘‘low-in- plication at such time, in such manner, and have completed such participation; come youth’’ means an individual who— containing such information as the Sec- (2) the expenditures of funds provided (A) is aged 16 through 24; retary may require. At a minimum, the ap- under the Act; (B) meets the definition of a low-income plication shall— (3) the number of jobs created pursuant to individual provided in section 101(25) of the (1) describe the strategies and activities of the activities carried out under this Act; Workforce Investment Act of 1998, except demonstrated effectiveness that the eligible (4) the demographic characteristics of indi- that States, local workforce investment entities will carry out to provide unem- viduals participating in activities under this areas under section 365 and eligible entities ployed, low-income adults and low-income Act; and under section 366(c), subject to approval in youth with the skills that will lead to em- (5) the performance outcomes of individ- the applicable State plans, local plans, and ployment upon completion of participation uals participating in activities under this applications for funds, may increase the in- in such activities; Act, including— come level specified in subparagraph (B)(i) of (2) describe the requirements that will (A) for adults participating in activities such section to an amount not in excess of apply relating to the eligibility of unem- funded under section 364 of this Act— 200 percent of the poverty line for purposes ployed, low-income adults or low-income (i) entry in unsubsidized employment, of determining eligibility for participation youth, consistent with paragraphs (4) and (6) (ii) retention in unsubsidized employment, in activities under sections 365 and 366 of of section 368, for activities carried out and this Act; and under this section, which may include cri- (iii) earnings in unsubsidized employment; (C) is in one or more of the categories spec- teria to target assistance to particular cat- (B) for low-income youth participating in ified in section 101(13)(C) of the Workforce egories of such adults and youth, such as in- summer employment activities under sec- Investment Act of 1998. dividuals with disabilities or individuals who tions 365 and 366— (5) OUTLYING AREA.—The term ‘‘outlying have exhausted all rights to unemployment (i) work readiness skill attainment using area’’ means the United States Virgin Is- compensation; an employer validated checklist; lands, Guam, American Samoa, the Com- (3) describe how the strategies and activi- (ii) placement in or return to secondary or monwealth of the Northern Mariana Islands, ties address the needs of the target popu- postsecondary education or training, or and the Republic of Palau. lations identified in paragraph (2) and the entry into unsubsidized employment; (6) UNEMPLOYED, LOW-INCOME ADULT.—The needs of employers in the local area; (C) for low-income youth participating in term ‘‘unemployed, low-income adult’’ (4) describe the expected outcomes to be year-round employment activities under sec- means an individual who— achieved by implementing the strategies and tion 365 or in activities under section 366— (A) is age 18 or older; activities; (i) placement in or return to post-sec- (B) is without employment and is seeking (5) provide evidence that the funds pro- ondary education; assistance under this Act to obtain employ- vided may be expended expeditiously and ef- (ii) attainment of high school diploma or ment; and ficiently to implement the strategies and ac- its equivalent; (C) meets the definition of a ‘‘low-income tivities; (iii) attainment of an industry-recognized individual’’ under section 101(25) of the (6) describe how the strategies and activi- credential; and Workforce Investment Act of 1998, except ties will be coordinated with other Federal, (iv) entry into unsubsidized employment, that for that States, local entities described State and local programs providing employ- retention, and earnings as described in sub- in section 364(d)(1) and eligible entities under ment, education and supportive activities; paragraph (A); section 366(c), subject to approval in the ap- (7) provide evidence of employer commit- (D) for unemployed, low-income adults par- plicable State plans, local plans, and applica- ment to participate in the activities funded ticipating in activities under section 366— tions for funds, may increase the income

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.027 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6224 CONGRESSIONAL RECORD — SENATE October 5, 2011 level specified in subparagraph (B)(i) of such (B) an employing authority to which sec- (2) fail or refuse to hire, to discharge, or in section to an amount not in excess of 200 per- tion 302(a)(1) of the Government Employee any other manner to discriminate against cent of the poverty line for purposes of deter- Rights Act of 1991 applies; any individual, as an employee, because such mining eligibility for participation in activi- (C) an employing office, as defined in sec- individual— ties under sections 364 and 366 of this Act. tion 101 of the Congressional Accountability (A) opposed any practice made unlawful by (7) STATE.—The term ‘‘State’’ means each Act of 1995 or section 411(c) of title 3, United this Act; of the several States of the United States, States Code; or (B) has asserted any right, filed any the District of Columbia, and Puerto Rico. (D) an entity to which section 717(a) of the charge, or has instituted or caused to be in- Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) stituted any proceeding, under or related to Subtitle D—Prohibition of Discrimination in applies; this Act; Employment on the Basis of an Individual’s (5) the term ‘‘employment agency’’ means (C) has given, or is about to give, any in- Status as Unemployed any person regularly undertaking with or formation in connection with any inquiry or SEC. 371. SHORT TITLE. without compensation to procure employees proceeding relating to any right provided This subtitle may be cited as the ‘‘Fair for an employer or to procure for individuals under this Act; or Employment Opportunity Act of 2011’’. opportunities to work as employees for an (D) has testified, or is about to testify, in SEC. 372. FINDINGS AND PURPOSE. employer and includes an agent of such a any inquiry or proceeding relating to any person, and any person who maintains an right provided under this Act. (a) FINDINGS.—Congress finds that denial of Internet website or print medium that pub- (d) CONSTRUCTION.—Nothing in this Act is employment opportunities to individuals be- lishes advertisements or announcements of intended to preclude an employer or employ- cause of their status as unemployed is dis- openings in jobs for employees; ment agency from considering an individ- criminatory and burdens commerce by— (6) the term ‘‘person’’ has the meaning ual’s employment history, or from exam- (1) reducing personal consumption and un- given the term in section 701(a) of the Civil ining the reasons underlying an individual’s dermining economic stability and growth; Rights Act of 1964 (42 U.S.C. 2000e(a)); and status as unemployed, in assessing an indi- (2) squandering human capital essential to (7) the term ‘‘status as unemployed’’, used vidual’s ability to perform a job or in other- the Nation’s economic vibrancy and growth; with respect to an individual, means that the wise making employment decisions about (3) increasing demands for Federal and individual, at the time of application for em- that individual. Such consideration or exam- State unemployment insurance benefits, re- ployment or at the time of action alleged to ination may include an assessment of wheth- ducing trust fund assets, and leading to high- violate this Act, does not have a job, is avail- er an individual’s employment in a similar er payroll taxes for employers, cuts in bene- able for work and is searching for work. or related job for a period of time reasonably fits for jobless workers, or both; proximate to the consideration of such indi- SEC. 374. PROHIBITED ACTS. (4) imposing additional burdens on publicly vidual for employment is job-related or con- (a) EMPLOYERS.—It shall be an unlawful funded health and welfare programs; and sistent with business necessity. (5) depressing income, property, and other employment practice for an employer to— (1) publish in print, on the Internet, or in SEC. 375. ENFORCEMENT. tax revenues that the Federal Government, (a) ENFORCEMENT POWERS.—With respect to any other medium, an advertisement or an- States, and localities rely on to support op- the administration and enforcement of this nouncement for an employee for any job that erations and institutions essential to com- Act— includes— merce. (1) the Commission shall have the same (A) any provision stating or indicating (b) PURPOSES.—The purposes of this Act powers as the Commission has to administer that an individual’s status as unemployed are— and enforce— disqualifies the individual for any employ- (1) to prohibit employers and employment (A) title VII of the Civil Rights Act of 1964 ment opportunity; or agencies from disqualifying an individual (42 U.S.C. 2000e et seq.); or (B) any provision stating or indicating from employment opportunities because of (B) sections 302 and 304 of the Government that an employer will not consider or hire an that individual’s status as unemployed; Employee Rights Act of 1991 (42 U.S.C. 2000e– individual for any employment opportunity (2) to prohibit employers and employment 16b and 2000e–16c), based on that individual’s status as unem- agencies from publishing or posting any ad- ployed; in the case of an affected individual who vertisement or announcement for an employ- (2) fail or refuse to consider for employ- would be covered by such title, or by section ment opportunity that indicates that an in- ment, or fail or refuse to hire, an individual 302(a)(1) of the Government Employee Rights dividual’s status as unemployed disqualifies as an employee because of the individual’s Act of 1991 (42 U.S.C. 2000e–16b(a)(1)), respec- that individual for the opportunity; and status as unemployed; or tively; (3) to eliminate the burdens imposed on (3) direct or request that an employment (2) the Librarian of Congress shall have the commerce due to the exclusion of such indi- agency take an individual’s status as unem- same powers as the Librarian of Congress viduals from employment. ployed into account to disqualify an appli- has to administer and enforce title VII of the SEC. 373. DEFINITIONS. cant for consideration, screening, or referral Civil Rights Act of 1964 (42 U.S.C. 2000e et As used in this Act— for employment as an employee. seq.) in the case of an affected individual (1) the term ‘‘affected individual’’ means (b) EMPLOYMENT AGENCIES.—It shall be an who would be covered by such title; any person who was subject to an unlawful unlawful employment practice for an em- (3) the Board (as defined in section 101 of employment practice solely because of that ployment agency to— the Congressional Accountability Act of 1995 individual’s status as unemployed; (1) publish, in print or on the Internet or in (2 U.S.C. 1301)) shall have the same powers as (2) the term ‘‘Commission’’ means the any other medium, an advertisement or an- the Board has to administer and enforce the Equal Employment Opportunity Commis- nouncement for any vacancy in a job, as an Congressional Accountability Act of 1995 (2 sion; employee, that includes— U.S.C. 1301 et seq.) in the case of an affected (3) the term ‘‘employee’’ means— (A) any provision stating or indicating individual who would be covered by section (A) an employee as defined in section 701(f) that an individual’s status as unemployed 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)); of the Civil Rights Act of 1964 (42 U.S.C. disqualifies the individual for any employ- (4) the Attorney General shall have the 2000e(f)); ment opportunity; or same powers as the Attorney General has to (B) a State employee to which section (B) any provision stating or indicating administer and enforce— 302(a)(1) of the Government Employee Rights that the employment agency or an employer (A) title VII of the Civil Rights Act of 1964 Act of 1991 (42 U.S.C. 2000e–16b(a)(1)) applies; will not consider or hire an individual for (42 U.S.C. 2000e et seq.); or (C) a covered employee, as defined in sec- any employment opportunity based on that (B) sections 302 and 304 of the Government tion 101 of the Congressional Accountability individual’s status as unemployed; Employee Rights Act of 1991 (42 U.S.C. 2000e– Act of 1995 (2 U.S.C. 1301) or section 411(c) of (2) screen, fail or refuse to consider, or fail 16b and 2000e–16c); title 3, United States Code; or or refuse to refer an individual for employ- in the case of an affected individual who (D) an employee or applicant to which sec- ment as an employee because of the individ- would be covered by such title, or of section tion 717(a) of the Civil Rights Act of 1964 (42 ual’s status as unemployed; or 302(a)(1) of the Government Employee Rights U.S.C. 2000e–16(a)) applies; (3) limit, segregate, or classify any indi- Act of 1991 (42 U.S.C. 2000e–16b(a)(1)), respec- (4) the term ‘‘employer’’ means— vidual in any manner that would limit or tively; (A) a person engaged in an industry affect- tend to limit the individual’s access to infor- (5) the President, the Commission, and the ing commerce (as defined in section 701(h) of mation about jobs, or consideration, screen- Merit Systems Protection Board shall have the Civil Rights Act of 1964 (42 U.S.C. ing, or referral for jobs, as employees, solely the same powers as the President, the Com- 2000e(h)) who has 15 or more employees for because of an individual’s status as unem- mission, and the Board, respectively, have to each working day in each of 20 or more cal- ployed. administer and enforce chapter 5 of title 3, endar weeks in the current or preceding cal- (c) INTERFERENCE WITH RIGHTS, PRO- United States Code, in the case of an affected endar year, and any agent of such a person, CEEDINGS OR INQUIRIES.—It shall be unlawful individual who would be covered by section but does not include a bona fide private for any employer or employment agency to— 411 of such title; and membership club that is exempt from tax- (1) interfere with, restrain, or deny the ex- (6) a court of the United States shall have ation under section 501(c) of the Internal ercise of or the attempt to exercise, any the same jurisdiction and powers as the Revenue Code of 1986; right provided under this Act; or court has to enforce—

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(A) title VII of the Civil Rights Act of 1964 (1) IN GENERAL.— for ‘calendar year 1992’ in subparagraph (B) (42 U.S.C. 2000e et seq.) in the case of a claim (A) WAIVER.—A State’s receipt or use of thereof. alleged by such individual for a violation of Federal financial assistance for any program ‘‘(2) ROUNDING.—If any amount as adjusted such title; or activity of a State shall constitute a under paragraph (1) is not a multiple of (B) sections 302 and 304 of the Government waiver of sovereign immunity, under the $10,000, such amount shall be rounded to the Employee Rights Act of 1991 (42 U.S.C. 2000e– 11th Amendment to the Constitution or oth- next highest multiple of $10,000. 16b and 2000e–16c) in the case of a claim al- erwise, to a suit brought by an employee or ‘‘(c) MODIFIED ADJUSTED GROSS INCOME.— leged by such individual for a violation of applicant for employment of that program or For purposes of this section, the term ‘modi- section 302(a)(1) of such Act (42 U.S.C. 2000e– activity under this Act for a remedy author- fied adjusted gross income’ means adjusted 16b(a)(1)); ized under Section 375(c) of this Act. gross income reduced by any deduction (not (C) the Congressional Accountability Act (B) DEFINITION.—In this paragraph, the taken into account in determining adjusted of 1995 (2 U.S.C. 1301 et seq.) in the case of a term ‘‘program or activity’’ has the meaning gross income) allowed for investment inter- claim alleged by such individual for a viola- given the term in section 606 of the Civil est (as defined in section 163(d)). In the case tion of section 201(a)(1) of such Act (2 U.S.C. Rights Act of 1964 (42 U.S.C. 2000d–4a). of an estate or trust, adjusted gross income 1311(a)(1)); and (2) EFFECTIVE DATE.—With respect to a par- shall be determined as provided in section (D) chapter 5 of title 3, United States Code, ticular program or activity, paragraph (1) 67(e). in the case of a claim alleged by such indi- applies to conduct occurring on or after the ‘‘(d) SPECIAL RULES.— vidual for a violation of section 411 of such day, after the date of enactment of this Act, ‘‘(1) NONRESIDENT ALIEN.—In the case of a title. on which a State first receives or uses Fed- nonresident alien individual, only amounts (b) PROCEDURES.—The procedures applica- eral financial assistance for that program or taken into account in connection with the ble to a claim alleged by an individual for a activity. tax imposed under section 871(b) shall be violation of this Act are— (c) REMEDIES AGAINST STATE OFFICIALS.— taken into account under this section. (1) the procedures applicable for a viola- An official of a State may be sued in the offi- ‘‘(2) CITIZENS AND RESIDENTS LIVING tion of title VII of the Civil Rights Act of cial capacity of the official by any employee ABROAD.—The dollar amount in effect under 1964 (42 U.S.C. 2000e et seq.) in the case of a or applicant for employment who has com- subsection (a) shall be decreased by the ex- claim alleged by such individual for a viola- plied with the applicable procedures of this cess of— tion of such title; Act, for relief that is authorized under this ‘‘(A) the amounts excluded from the tax- (2) the procedures applicable for a viola- Act. payer’s gross income under section 911, over tion of section 302(a)(1) of the Government (d) REMEDIES AGAINST THE UNITED STATES ‘‘(B) the amounts of any deductions or ex- Employee Rights Act of 1991 (42 U.S.C. 2000e– AND THE STATES.—Notwithstanding any clusions disallowed under section 911(d)(6) 16b(a)(1)) in the case of a claim alleged by other provision of this Act, in an action or with respect to the amounts described in such individual for a violation of such sec- administrative proceeding against the subparagraph (A). tion; United States or a State for a violation of ‘‘(3) CHARITABLE TRUSTS.—Subsection (a) (3) the procedures applicable for a viola- this Act, remedies (including remedies at shall not apply to a trust all the unexpired tion of section 201(a)(1) of the Congressional law and in equity) are available for the vio- interests in which are devoted to one or Accountability Act of 1995 (2 U.S.C. lation to the same extent as such remedies more of the purposes described in section 1311(a)(1)) in the case of a claim alleged by would be available against a non-govern- 170(c)(2)(B). such individual for a violation of such sec- mental entity. ‘‘(4) NOT TREATED AS TAX IMPOSED BY THIS tion; and SEC. 377. RELATIONSHIP TO OTHER LAWS. CHAPTER FOR CERTAIN PURPOSES.—The tax (4) the procedures applicable for a viola- This Act shall not invalidate or limit the imposed under this section shall not be tion of section 411 of title 3, United States rights, remedies, or procedures available to treated as tax imposed by this chapter for Code, in the case of a claim alleged by such an individual claiming discrimination pro- purposes of determining the amount of any individual for a violation of such section. hibited under any other Federal law or regu- credit under this chapter or for purposes of (c) REMEDIES.— lation or any law or regulation of a State or section 55.’’. (1) In any claim alleging a violation of Sec- political subdivision of a State. (b) CLERICAL AMENDMENT.—The table of tion 374(a)(1) or 374(b)(1) of this Act, an indi- SEC. 378. SEVERABILITY. parts for subchapter A of chapter 1 of the In- vidual, or any person acting on behalf of the If any provision of this Act, or the applica- ternal Revenue Code of 1986 is amended by individual as set forth in Section 375(a) of tion of the provision to any person or cir- adding at the end the following new item: this Act, may be awarded, as appropriate— cumstance, is held to be invalid, the remain- ‘‘PART VIII. SURTAX ON MILLIONAIRES.’’. (A) an order enjoining the respondent from der of this Act and the application of the (c) SECTION 15 NOT TO APPLY.—The amend- engaging in the unlawful employment prac- provision to any other person or cir- ment made by subsection (a) shall not be tice; cumstances shall not be affected by the inva- treated as a change in a rate of tax for pur- (B) reimbursement of costs expended as a lidity. poses of section 15 of the Internal Revenue result of the unlawful employment practice; SEC. 379. EFFECTIVE DATE. Code of 1986. (C) an amount in liquidated damages not This Act shall take effect on the date of (d) EFFECTIVE DATE.—The amendments to exceed $1,000 for each day of the violation; enactment of this Act and shall not apply to made by this section shall apply to taxable and conduct occurring before the effective date. years beginning after December 31, 2012. (D) reasonable attorney’s fees (including TITLE IV—SURTAX ON MILLIONAIRES f expert fees) and costs attributable to the pursuit of a claim under this Act, except SEC. 401. SURTAX ON MILLIONAIRES. SUBMITTED RESOLUTIONS that no person identified in Section 103(a) of (a) IN GENERAL.—Subchapter A of chapter 1 this Act shall be eligible to receive attor- of the Internal Revenue Code of 1986 is ney’s fees. amended by adding at the end the following SENATE RESOLUTION 286—RECOG- (2) In any claim alleging a violation of any new part: NIZING MAY 16, 2012, AS HEREDI- other subsection of this Act, an individual, ‘‘PART VIII—SURTAX ON MILLIONAIRES TARY ANGIOEDEMA AWARENESS or any person acting on behalf of the indi- ‘‘Sec. 59B. Surtax on millionaires. DAY AND EXPRESSING THE vidual as set forth in Section 375(a) of this ‘‘SEC. 59B. SURTAX ON MILLIONAIRES. Act, may be awarded, as appropriate, the SENSE OF THE SENATE THAT ‘‘(a) GENERAL RULE.—In the case of a tax- MORE RESEARCH AND TREAT- remedies available for a violation of title VII payer other than a corporation for any tax- of the Civil Rights Act of 1964 (42 U.S.C. 2000e able year beginning after 2012, there is here- MENTS ARE NEEDED FOR HE- et seq.), section 302(a)(1) of the Government by imposed (in addition to any other tax im- REDITARY ANGIOEDEMA Employee Rights Act of 1991 (42 U.S.C. 2000e– posed by this subtitle) a tax equal to 5.6 per- Mr. INOUYE (for himself and Mr. 16b(a)(1)), section 201(a)(1) of the Congres- cent of so much of the modified adjusted CHAMBLISS) submitted the following sional Accountability Act of 1995 (2 U.S.C. gross income of the taxpayer for such tax- 1311(a)(1)), and section 411 of title 3, United resolution; which was referred to the able year as exceeds $1,000,000 ($500,000, in the Committee on the Judiciary. States Code, except that in a case in which case of a married individual filing a separate wages, salary, employment benefits, or other return). S. RES. 286 compensation have not been denied or lost to ‘‘(b) INFLATION ADJUSTMENT.— Whereas Hereditary Angioedema (HAE) is the individual, damages may be awarded in ‘‘(1) IN GENERAL.—In the case of any tax- a rare and potentially life-threatening ge- an amount not to exceed $5,000. able year beginning after 2013, each dollar netic disease, affecting between 1 in 10,000 SEC. 376. FEDERAL AND STATE IMMUNITY. amount under subsection (a) shall be in- and 1 in 50,000 people, leading to patients (a) ABROGATION OF STATE IMMUNITY.—A creased by an amount equal to— being undiagnosed or misdiagnosed for many State shall not be immune under the 11th ‘‘(A) such dollar amount, multiplied by years; Amendment to the Constitution from a suit ‘‘(B) the cost-of-living adjustment deter- Whereas HAE is characterized by symp- brought in a Federal court of competent ju- mined under section 1(f)(3) for the calendar toms including episodes of edema or swelling risdiction for a violation of this Act. year in which the taxable year begins, deter- in various body parts including the hands, (b) WAIVER OF STATE IMMUNITY.— mined by substituting ‘calendar year 2011’ feet, gastrointestinal tract, face, and airway;

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.027 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6226 CONGRESSIONAL RECORD — SENATE October 5, 2011 Whereas patients often experience swelling threatening genetic disease which im- enemy force that can be bestowed upon an in the intestinal wall, causing bouts of ex- pacts between 1 in 10,000 and 1 in 50,000 individual serving in the Armed Forces; cruciating abdominal pain, nausea, and vom- Americans. HAE is characterized by se- Whereas Filipino Americans play an inte- iting, and swelling of the airway, which can vere swelling throughout the body, in- gral role in the United States health care lead to death by asphyxiation; system as nurses, doctors, and other medical Whereas a defect in the gene that controls cluding the digestive tract and air- professionals; the C1-inhibitor blood protein causes produc- ways. The swelling caused by episodes Whereas Filipino Americans have contrib- tion of either inadequate or non-functioning of HAE is both very painful and can uted greatly to music, dance, literature, edu- C1-inhibitor protein, leading to an inability cause sufferers to asphyxiate when the cation, business, literature, journalism, to regulate complex biochemical inter- swelling impacts the airways. To date sports, fashion, politics, government, actions of blood-based systems involved in there is only one Food and Drug Ad- science, technology, the fine arts, and other disease fighting, inflammatory response, and ministration approved treatment for fields in the United States that enrich the coagulation; HAE, but this treatment is only effec- landscape of the country; Whereas HAE is an autosomal dominant Whereas efforts should continue to pro- disease, and 50 percent of patients with the tive in about a third of patients af- mote the study of Filipino-American history disease inherited the defective gene from a flicted with this devastating disease. It and culture, as mandated in the mission parent, while the other 50 percent developed is clearly evident that more research is statement of the Filipino American National a spontaneous mutation of the C1-inhibitor needed to combat this terrible disease. Historical Society, because the roles of Fili- gene at conception; On May 16, 2012, an international con- pino Americans and other people of color Whereas HAE patients often experience ference on HAE will be convened in Co- largely have been overlooked in the writing, their first HAE attack during childhood or teaching, and learning of United States his- adolescence, and continue to suffer from sub- penhagen, Denmark to discuss issues relating to HAE research, treatments, tory; sequent attacks for the duration of their Whereas it is imperative for Filipino- lives; and awareness. The American compo- American youth to have positive role models Whereas HAE attacks can be triggered by nent of this conference will be spear- to instill in them the significance of edu- infections, minor injuries or dental proce- headed by the U.S. Hereditary cation, complemented with the richness of dures, emotional or mental stress, and cer- Angioedema Association, USHAEA, their ethnicity and the value of their legacy; tain hormonal or blood medications; based in my home state of Hawaii. and Whereas the onset or duration of an HAE USHAEA is an organization that pro- Whereas Filipino American History Month attack can negatively affect a person’s phys- is celebrated during the month of October ical, emotional, economic, educational, and vides education, support, funding for research, and a voice to HAE patients, 2011: Now, therefore, be it social well-being due to activity limitations; Resolved, That the Senate— Whereas the annual cost for treatment per their families, healthcare providers (1) designates October 2011 as ‘‘Filipino patient can exceed $500,000, causing a sub- and the general public at large. I urge American History Month’’; stantial economic burden; my colleagues to support this impor- (2) recognizes the celebration of Filipino Whereas there is a significant need for in- tant resolution and help find a cure for American History Month as— creased and normalized medical professional HAE. (A) a study of the advancement of Filipino education regarding HAE; and Americans; f Whereas there is also a significant need for (B) a time of reflection and remembrance further research on HAE to improve diag- SENATE RESOLUTION 287—DESIG- of the many notable contributions Filipino nosis and treatment options for patients; NATING OCTOBER 2011 AS ‘‘FILI- Americans have made to the United States; Now, therefore, be it and Resolved, That— PINO AMERICAN HISTORY MONTH’’ (C) a time to renew efforts toward the re- (1) the Senate— search and examination of history and cul- (A) recognizes and celebrates May 16, 2012, Mr. REID of Nevada (for himself, ture in order to provide an opportunity for as Hereditary Angioedema Awareness Day; all people in the United States to learn and and Mrs. FEINSTEIN, Mrs. GILLIBRAND, Mr. AKAKA, Mr. INOUYE, Mr. MENENDEZ, Mr. appreciate more about Filipino Americans (B) supports increased awareness of Heredi- and their historic contributions to the LAUTENBERG, Mr. SCHUMER, Mrs. MUR- tary Angioedema (HAE) by physicians and United States; and RAY, Mr. DURBIN, and Mr. HELLER) sub- the public; and (3) urges the people of the United States to (2) it is the sense of the Senate that in- mitted the following resolution; which observe Filipino American History Month creased Federal research on HAE is needed, was considered and agreed to: with appropriate programs and activities. including that— S. RES. 287 (A) the Director of the National Institutes f of Health (NIH) should take a leadership role Whereas October 18, 1587, when the first ‘‘Luzones Indios’’ set foot in Morro Bay, AMENDMENTS SUBMITTED AND in the search for new treatment options and PROPOSED a cure for HAE by— California, on board the Manila-built galleon (i) encouraging the National Institute of ship Nuestra Senora de Esperanza, marks the SA 722. Mr. VITTER submitted an amend- Allergy and Infectious Diseases (NIAID) to earliest documented Filipino presence in the ment intended to be proposed by him to the implement the research recommendations of continental United States; bill S. 1619, to provide for identification of the international HAE research community; Whereas the Filipino American National misaligned currency, require action to cor- (ii) exploring collaborative research oppor- Historical Society recognizes the year of 1763 rect the misalignment, and for other pur- tunities between the NIAID, the Office of as the date of the first permanent Filipino poses; which was ordered to lie on the table. Rare Diseases Research, and other NIH Insti- settlement in the United States in St. Malo, SA 723. Mr. VITTER submitted an amend- tutes and Centers; and Louisiana; ment intended to be proposed by him to the (iii) encouraging NIAID to provide the nec- Whereas the recognition of the first perma- bill S. 1619, supra; which was ordered to lie essary funding for continued expansion and nent Filipino settlement in the United on the table. advancement of the HAE research portfolio States adds new perspective to United States SA 724. Mr. KYL submitted an amendment through intramural and extramural re- history by bringing attention to the eco- intended to be proposed by him to the bill S. search; and nomic, cultural, social, and other notable 1619, supra; which was ordered to lie on the (B) the Commissioner of Food and Drugs contributions that Filipino Americans have table. should take a leadership role in ensuring new made in countless ways toward the develop- SA 725. Ms. SNOWE (for herself and Mr. HAE treatments are developed and appro- ment of the United States; BROWN of Massachusetts) submitted an priately monitored by— Whereas the Filipino-American commu- amendment intended to be proposed by her (i) issuing further guidance to industry on nity is the third largest Asian-American to the bill S. 1619, supra; which was ordered the development criteria and adverse event group in the United States, with a popu- to lie on the table. standards for HAE treatments; and lation of approximately 3,417,000 individuals; SA 726. Mr. BROWN of Massachusetts sub- (ii) encouraging the participation of pa- Whereas Filipino-American servicemen mitted an amendment intended to be pro- tient groups and considering the views of pa- and servicewomen have a longstanding his- posed by him to the bill S. 1619, supra; which tients when discussing standards and proto- tory of serving in the Armed Forces, from was ordered to lie on the table. cols for the development and monitoring of the Civil War to the Iraq and Afghanistan SA 727. Mr. LEVIN (for himself and Ms. HAE treatments. conflicts, including the 250,000 Filipinos who STABENOW) submitted an amendment in- fought under the United States flag during tended to be proposed by him to the bill S. Mr. INOUYE. Mr. President, I rise World War II to protect and defend the 1619, supra; which was ordered to lie on the today to submit a resolution recog- United States; table. nizing May 16, 2012, as Hereditary Whereas 9 Filipino Americans have re- SA 728. Mr. COONS (for himself, Mr. Angioedema, HAE, Awareness Day. ceived the Congressional Medal of Honor, the GRASSLEY, and Mr. RUBIO) submitted an HAE is a rare and potentially life highest award for valor in action against an amendment intended to be proposed by him

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.014 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6227 to the bill S. 1619, supra; which was ordered SEC. ll04. ECONOMIC ANALYSIS BY SECRETARY including dual-use items, which have both to lie on the table. OF COMMERCE REQUIRED. civilian and military applications. SA 729. Mr. COONS (for himself and Mr. The head of a Federal agency shall not (3) China is also a major trading partner of KOHL) submitted an amendment intended to take any action that modifies the authority both the Islamic Republic of Iran and the be proposed by him to the bill S. 1619, supra; of the Federal agency with respect to issuing Democratic People’s Republic of North which was ordered to lie on the table. permits for natural resource development on Korea. SA 730. Ms. STABENOW submitted an Federal land or making designations of Fed- (4) The Ambassador of China to Iran re- amendment intended to be proposed by her eral land under any law until the date on cently noted that trade between China and to the bill S. 1619, supra; which was ordered which the Secretary of Commerce completes, Iran is expected to increase to $40,000,000,000 to lie on the table. and submits to Congress, an economic anal- to $45,000,000,000 in 2011, an increase from ap- SA 731. Mr. PORTMAN submitted an ysis to determine— proximately $30,000,000,000 in 2010. amendment intended to be proposed by him (1) whether the proposed agency action has (5) A South Korean news agency recently to the bill S. 1619, supra; which was ordered the potential to reduce revenue to the Treas- reported that North Korea’s trade depend- to lie on the table. ury; and ence on China continues to grow, accounting SA 732. Mr. PORTMAN submitted an (2) the potential impact of the proposed for more than half of all North Korea’s for- amendment intended to be proposed by him agency action on property rights and exist- eign trade. to the bill S. 1619, supra; which was ordered ing contracts. (6) The Department of Commerce requires to lie on the table. dual-use items to be licensed before being ex- SA 733. Mr. MERKLEY submitted an SA 723. Mr. VITTER submitted an ported to China. Since 2007, however, amendment intended to be proposed by him amendment intended to be proposed by preauthorized end-users in China have been to the bill S. 1619, supra; which was ordered him to the bill S. 1619, to provide for authorized to participate in the Validated to lie on the table. identification of misaligned currency, End-User program, which allows certain SA 734. Mr. JOHNSON, of Wisconsin sub- require action to correct the misalign- items to be exported without a license. While mitted an amendment intended to be pro- on-site audits of validated end-users in China posed by him to the bill S. 1619, supra; which ment, and for other purposes; which was ordered to lie on the table; as fol- by the Department of Commerce are permis- was ordered to lie on the table. sible, the effectiveness of the Validated End- SA 735. Mr. MCCONNELL submitted an lows: User program remains uncertain. amendment intended to be proposed by him At the end of the bill, add the following: (7) The Government of China has a poor to the bill S. 1619, supra; which was ordered SEC. ll. KEYSTONE XL OIL PIPELINE. track record of enforcement of export con- to lie on the table. (a) CONDITIONAL APPROVAL.—Not later than trols. Moreover, the Government of China re- f 30 days after the date of enactment of this mains largely indifferent to the implementa- Act, the Secretary of State shall— TEXT OF AMENDMENTS tion of international sanctions on both Iran (1) issue a conditional approval for the con- and North Korea for activities relating to SA 722. Mr. VITTER submitted an struction of the Keystone XL pipeline; and the proliferation of weapons of mass destruc- amendment intended to be proposed by (2) recommend to the builder of the pipe- tion. him to the bill S. 1619, to provide for line 1 alternative route for the pipeline that (8) China’s expanding trade relationships identification of misaligned currency, parallels the United States portions of Key- with both Iran and North Korea raise con- stone 1. cern that sensitive dual-use items exported require action to correct the misalign- (b) ACCEPTANCE.—Not later than 15 days ment, and for other purposes; which from the United States may end up in the after the receipt of the recommendation de- hands of rogue regimes and dangerous was ordered to lie on the table; as fol- scribed in subsection (a)(2), as a condition of proliferators of weapons of mass destruction. any contract to construct the pipeline, the lows: (b) DENIAL OF LICENSES FOR EXPORTATION builder shall notify the Secretary of State of At the end, add the following: OF DUAL-USE ITEMS TO CHINA.— whether the builder accepts— TITLE llAGENCY OVERREACH (1) IN GENERAL.—Notwithstanding any (1) the route for building the Keystone XL MORATORIUM other provision of law, on and after the date pipeline that is in effect on the date of enact- SEC. ll01. SHORT TITLE. of the enactment of this Act, the Secretary ment of this Act; or of Commerce shall— This title may be cited as the ‘‘Agency (2) the alternative route described in sub- Overreach Moratorium Act’’. (A) require a license for the exportation of section (a)(2). any item on the Commerce Control List to SEC. ll02. PROHIBITION ON RETROACTIVE (c) PERMITS.—Not later than 5 days after China; and WITHDRAWAL OF CERTAIN PERMITS. the receipt of notice under subsection (b), (B) unless the Secretary submits to Con- Unless approved by an Act of Congress, the the Secretary of State shall issue all nec- gress the certification described in para- head of a Federal agency shall not— essary permits for the construction of the graph (2), deny any request for such a li- (1) retroactively withdraw any permit Keystone XL pipeline. cense. issued for Federal land or any area of the (d) RELATIONSHIP TO OTHER LAWS.—The outer Continental Shelf that would have issuance of a conditional approval for the (2) CERTIFICATION DESCRIBED.—A certifi- been used— Keystone XL pipeline and permits to con- cation described in this paragraph is a cer- (A) to produce or harvest a domestic nat- struct the pipeline under this section shall tification by the Secretary of Commerce, in ural resource; or be considered to satisfy, and shall not re- consultation with the Director of National (B) to create 1 or more jobs; or quire any further review under, the National Intelligence, the Secretary of State, the Sec- (2) issue a designation under any law that Environmental Policy Act of 1969 (42 U.S.C. retary of Defense, and the heads of other rel- would restrict or prohibit access to domestic 4321 et seq.), the Clean Air Act (42 U.S.C. 7401 evant Federal agencies, that no items on the natural resources on Federal land or any et seq.), and any other provision of law. Commerce Control List that are exported area of the outer Continental Shelf. from the United States are transshipped through China to Iran, North Korea, Syria, SEC. ll03. CONGRESSIONAL APPROVAL OF DES- SA 724. Mr. KYL submitted an IGNATION OF NATIONAL MONU- amendment intended to be proposed by or any other country of concern with respect MENTS. to the proliferation of weapons of mass de- him to the bill S. 1619, to provide for struction. Section 2 of the Act of June 8, 1906 (com- identification of misaligned currency, monly known as the ‘‘Antiquities Act of (c) REPORT ON PREVENTING TRANSSHIPMENT 1906’’) (16 U.S.C. 431) is amended— require action to correct the misalign- OF DUAL-USE ITEMS.—Not later than 90 days (1) by striking ‘‘SEC. 2. That the President’’ ment, and for other purposes; which after the date of the enactment of this Act, and inserting the following: was ordered to lie on the table; as fol- the Secretary of Commerce, in consultation ‘‘SEC. 2. DESIGNATION OF NATIONAL MONU- lows: with the Director of National Intelligence, MENTS. At the end, add the following: the Secretary of State, the Secretary of the ‘‘(a) IN GENERAL.—Subject to the require- SEC. ll. PROHIBITION ON EXPORTATION OF Treasury, the Secretary of Defense, and the ments of this section, the President’’; DUAL-USE ITEMS TO THE PEOPLE’S heads of other relevant Federal agencies, (2) by striking ‘‘Provided, That when such REPUBLIC OF CHINA. shall submit to Congress a report setting objects are situated upon’’ and inserting the (a) FINDINGS.—Congress makes the fol- forth a comprehensive strategy to prevent following: lowing findings: the transshipment of items on the Commerce ‘‘(b) RELINQUISHMENT OF PRIVATE CLAIMS.— (1) According to the United States Inter- Control List to countries of concern with re- In cases in which an object described in sub- national Trade Commission, exports from spect to the proliferation of weapons of mass section (a) is located on’’; and the United States to the People’s Republic of destruction. (3) by adding at the end the following: China have risen substantially in recent (d) COMMERCE CONTROL LIST DEFINED.—In ‘‘(c) CONGRESSIONAL APPROVAL OF PROCLA- years, totaling approximately $91,900,000,000 this section, the term ‘‘Commerce Control MATION.—A proclamation issued under sub- in 2010 compared to approximately List’’ means the list maintained pursuant to section (a) shall not be implemented until $69,900,000,000 in 2009. part 774 of title 15, Code of Federal Regula- the proclamation is approved by an Act of (2) China is the third-largest export mar- tions (or any corresponding similar regula- Congress.’’. ket for goods produced in the United States, tion or ruling).

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.015 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6228 CONGRESSIONAL RECORD — SENATE October 5, 2011 SA 725. Ms. SNOWE (for herself and rect the misalignment, and for other compensation under State or Federal law for Mr. BROWN of Massachusetts) sub- purposes; which was ordered to lie on not less than 6 months during the 1-year pe- mitted an amendment intended to be the table; as follows: riod ending on the hiring date, ‘‘(ii) in the case of an individual under proposed by her to the bill S. 1619, to At the end, add the following: paragraph (3)(A)(iii), the individual is cer- provide for identification of misaligned SEC. lll. EXPANSION OF WORK OPPORTUNITY tified by the designated local agency as currency, require action to correct the TAX CREDIT TO INCLUDE THE EM- being in receipt of unemployment compensa- misalignment, and for other purposes; PLOYMENT OF CERTAIN MILITARY tion under State or Federal law for not less VETERANS AND MEMBERS OF THE which was ordered to lie on the table; READY RESERVE AND NATIONAL than 4 weeks (but less than 6 months) during as follows: GUARD. the 1-year period ending on the hiring date, and At the end, add the following: (a) INCREASED CREDIT AMOUNT FOR CERTAIN ‘‘(iii) in the case of an individual under SEC. lll. DISASTER FUNDING. MILITARY VETERANS.—Paragraph (3) of sec- paragraph (11), the individual is certified by (a) DEFINITIONS.—Section 1101 of title 31, tion 51(b) of the Internal Revenue Code of the designated local agency as being in re- United States Code, is amended by adding at 1986 is amended by striking ‘‘($12,000 per year ceipt of unemployment compensation under the end the following: in the case of any individual who is a quali- State or Federal law for not less than 4 ‘‘(3) ‘10-year average disaster funding ap- fied veteran by reason of subsection weeks during the 1-year period ending on the (d)(3)(A)(ii))’’ and inserting ‘‘($12,000 per year propriation’ means the annual average hiring date. amount appropriated for disaster funding in the case of any individual who is a quali- ‘‘(B) REGULATORY AUTHORITY.—The Sec- fied veteran by reason of subsection during the most recent 10 fiscal years before retary in the Secretary’s discretion may pro- (d)(3)(A)(ii)(I), $14,000 per year in the case of the date of the determination of the annual vide alternative methods for certification.’’. any individual who is a qualified veteran by average amount (excluding the highest and (e) CREDIT MADE AVAILABLE TO TAX-EX- reason of subsection (d)(3)(A)(iv), and $24,000 lowest years), as determined by the Director EMPT EMPLOYERS IN CERTAIN CIR- of the Office of Management and Budget. per year in the case of any individual who is CUMSTANCES.—Section 52(c) of the Internal ‘‘(4) ‘disaster funding’— a qualified veteran by reason of subsection Revenue Code of 1986 is amended— ‘‘(A) means funding provided under the (d)(3)(A)(ii)(II))’’. (1) by striking ‘‘No credit’’ and inserting: Robert T. Stafford Disaster Relief and Emer- (b) INCLUSION OF UNEMPLOYED VETERANS.— ‘‘(1) IN GENERAL.—Except as provided in gency Assistance Act (42 U.S.C. 5121 et seq.) Section 51(d)(3)(A) of the Internal Revenue paragraph (2), no’’, and for an emergency declared under section 501 Code of 1986 is amended by striking ‘‘or’’ at (2) by adding at the end the following new of the Robert T. Stafford Disaster Relief and the end of paragraph (3)(A)(i), and inserting paragraph: Emergency Assistance Act (42 U.S.C. 5191) or the following new paragraphs after para- ‘‘(2) EXCEPTION.— a major disaster declared under section 401 of graph (ii)— ‘‘(A) IN GENERAL.—In the case of any tax- the Robert T. Stafford Disaster Relief and ‘‘(iii) having aggregate periods of unem- exempt employer, there shall be treated as a Emergency Assistance Act (42 U.S.C. 5170); ployment during the 1-year period ending on credit allowable under subpart C (and not al- and the hiring date which equal or exceed 4 lowable under subpart D) the lesser of— ‘‘(B) includes funding provided under sec- weeks (but less than 6 months), or ‘‘(i) the amount of the work opportunity tions 304 and 420 of the Robert T. Stafford ‘‘(iv) having aggregate periods of unem- credit determined under this subpart with Disaster Relief and Emergency Assistance ployment during the 1-year period ending on respect to such employer that is related to Act (42 U.S.C. 5147 and 5187).’’. the hiring date which equal or exceed 6 the hiring of individuals described in para- (b) BUDGET CONTENTS.—Section 1105(a) of months.’’. graphs (3)(A)(ii)(II), (3)(A)(iii), (3)(A)(iv), or title 31, United States Code, is amended by (c) INCLUSION OF UNEMPLOYED MEMBERS OF (11), or adding at the end the following: READY RESERVE AND NATIONAL GUARD.— ‘‘(ii) the amount of the payroll taxes of the ‘‘(39) An allowance for disaster funding of (1) IN GENERAL.—Paragraph (1) of section employer during the calendar year in which at least the 10-year average disaster funding 51(d) of the Internal Revenue Code of 1986 is the taxable year begins. appropriation.’’. amended by striking ‘‘or’’ at the end of sub- ‘‘(B) CREDIT AMOUNT.—In the case of any (c) RESCISSION AND REPORTS.—Section 1105 paragraph (H), by striking the period at the tax-exempt employer, the work opportunity of title 31, United States Code, is amended by end of subparagraph (I) and inserting ‘‘, or’’, credit under subparagraph (A) shall be deter- adding at the end the following: and by adding at the end the following new mined by substituting ‘26 percent’ for ‘40 per- ‘‘(i) On October 1 of the first fiscal year be- subparagraph: cent’ in subsections (a) and (i)(3)(A) of sec- ginning after the date of enactment of this ‘‘(J) qualified member of Ready Reserve or tion 51 and by substituting ‘16.25 percent’ for subsection, and each year thereafter, there National Guard.’’. ‘25 percent’ in section 51(i)(3)(A). are rescinded from the appropriations ac- (2) DEFINITION.—Subsection (d) of section ‘‘(C) TAX-EXEMPT EMPLOYER.—For purposes count appropriated under the heading ‘DIS- 51 of such Code is amended by redesignating of this paragraph, the term ‘tax-exempt em- ASTER RELIEF’ under the heading ‘FEDERAL paragraphs (11) through (14) as paragraphs ployer’ means an employer which is— EMERGENCY MANAGEMENT AGENCY’ any unob- (12) through (15), respectively, and by insert- ‘‘(i) an organization described in section ligated balances in excess of the product ob- ing after paragraph (10) the following new 501(c) and exempt from taxation under sec- tained by multiplying the 10-year average paragraph: tion 501(a), or disaster funding appropriation by 1.5. ‘‘(11) QUALIFIED MEMBER OF READY RESERVE ‘‘(ii) a public higher education institution ‘‘(j)(1) Not later than 10 days after the date OR NATIONAL GUARD.—The term ‘qualified (as defined in section 101 of the Higher Edu- on which the budget of the President for a member of Ready Reserve or National Guard’ cation Act of 1965). fiscal year is submitted under subsection (a), means an individual who is certified by the ‘‘(D) PAYROLL TAXES.—For purposes of this and in order to increase accountability and local designated agency as having aggregate paragraph, the term ‘payroll taxes’ means— transparency for disaster funding, the Presi- periods of unemployment during the 1-year ‘‘(i) amounts required to be withheld from dent shall submit to Congress a report delin- period ending on the hiring date which equal the employees of the tax-exempt employer eating the amount of disaster funding re- or exceed 4 weeks and who is a member of— under section 3402(a), quested, the necessity for providing the dis- ‘‘(A) the Ready Reserve (as described in ‘‘(ii) amounts required to be withheld from aster funding, and justifications for the section 10142 of title 10, United States Code), such employees under section 3101, and amount of disaster funding requested. or ‘‘(iii) amounts of the taxes imposed on the ‘‘(2) Not later than 1 day after the date on ‘‘(B) the National Guard (as defined in sec- tax-exempt employer under section 3111.’’. which the President submits a report under tion 101(c)(1) of such title 10).’’. (f) TREATMENT OF POSSESSIONS.— paragraph (1), the President shall publish the (d) SIMPLIFIED CERTIFICATION.—Section (1) PAYMENTS TO POSSESSIONS.— report in the Federal Register.’’. 51(d) of the Internal Revenue Code of 1986, as (A) MIRROR CODE POSSESSIONS.—The Sec- (d) CONFORMING AMENDMENT TO THE amended by subsection (c)(2), is amended by retary of the Treasury shall pay to each pos- BBEDCA.—Section 251(b)(2)(D) of the Bal- adding at the end the following new para- session of the United States with a mirror anced Budget and Emergency Deficit Control graph: code tax system amounts equal to the loss to Act of 1985 (2 U.S.C. 901(b)(2)(D)) is amended ‘‘(16) SIMPLIFIED CERTIFICATION FOR UNEM- that possession by reason of the application by striking clause (iii) and inserting the fol- PLOYED VETERANS AND MEMBERS OF THE of the amendments made by this section lowing: READY RESERVE AND NATIONAL GUARD.— (other than this subsection). Such amounts ‘‘(iii) For purposes of this subparagraph, ‘‘(A) IN GENERAL.—Any individual under shall be determined by the Secretary of the the term ‘disaster relief’ shall have the same paragraph (3)(A)(ii)(II), (3)(A)(iii), (3)(A)(iv), Treasury based on information provided by meaning given the term ‘disaster funding’ in or (11) will be treated as certified by the des- the government of the respective possession section 1101 of title 31, United States Code.’’. ignated local agency as having aggregate pe- of the United States. Mr. BROWN of Massachusetts riods of unemployment described in such (B) OTHER POSSESSIONS.—The Secretary of SA 726. paragraph if— the Treasury shall pay to each possession of submitted an amendment intended to ‘‘(i) in the case of an individual under para- the United States, which does not have a be proposed by him to the bill S. 1619, graph (3)(A)(ii)(II) or (3)(A)(iv), the indi- mirror code tax system, amounts estimated to provide for identification of mis- vidual is certified by the designated local by the Secretary of the Treasury as being aligned currency, require action to cor- agency as being in receipt of unemployment equal to the aggregate credits that would

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.034 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6229 have been provided by the possession by rea- SA 727. Mr. LEVIN (for himself and At the appropriate place, insert the fol- son of the application of the amendments Ms. STABENOW) submitted an amend- lowing: made by this section (other than this sub- ment intended to be proposed by him SEC. lll. PREVENTING THE IMPORTATION OF section) if a mirror code tax system had been to the bill S. 1619, to provide for identi- COUNTERFEIT PRODUCTS AND IN- in effect in such possession. The preceding FRINGING DEVICES. sentence shall not apply with respect to any fication of misaligned currency, re- Notwithstanding section 1905 of title 18, possession of the United States unless such quire action to correct the misalign- United States Code— possession has a plan, which has been ap- ment, and for other purposes; which (1) if United States Customs and Border proved by the Secretary of the Treasury, was ordered to lie on the table; as fol- Protection suspects a product of being im- under which such possession will promptly lows: ported or exported in violation of section 42 of the Act entitled ‘‘An Act to provide for distribute such payments. At the end, add the following: (2) COORDINATION WITH CREDIT ALLOWED the registration and protection of trade- SEC. ll. SENSE OF CONGRESS ON CERTAIN marks used in commerce, to carry out the AGAINST UNITED STATES INCOME TAXES.—No TRADE-DISTORTING PRACTICES OF increase in the credit determined under sec- THE GOVERNMENT OF THE PEO- provisions of certain international conven- tion 38(b) of the Internal Revenue Code of PLE’S REPUBLIC OF CHINA. tions, and for other purposes’’, approved July 1986 that is attributable to the credit pro- (a) IN GENERAL.—It is the sense of Congress 5, 1946 (commonly referred to as the ‘‘Trade- vided by the amendments made by this sec- that— mark Act of 1946’’) (15 U.S.C. 1124), and sub- tion (other than this subsection) shall be (1) the United States Trade Representative ject to any applicable bonding requirements, taken into account with respect to any per- and the United States International Trade the Secretary of Homeland Security is au- son— Commission should investigate the practices thorized to share information on, and (A) to whom a credit is allowed against of the Government of the People’s Republic unredacted samples of, products and their taxes imposed by the possession of the of China described in subsection (b) to deter- packaging and labels, or photos of such prod- United States by reason of the amendments mine if those practices violate the rules of ucts, packaging and labels, with the made by this section for such taxable year, the World Trade Organization or if a remedy rightholders of the trademark suspected of or for those practices is available under the being copied or simulated, for purposes of de- (B) who is eligible for a payment under a laws of the United States; and termining whether the products are prohib- plan described in paragraph (1)(B) with re- (2) the United States Trade Representative ited from importation under that section; spect to such taxable year. should hold the Government of the People’s and (3) DEFINITIONS AND SPECIAL RULES.— Republic of China accountable for failing to (2) upon seizure of material by United (A) POSSESSION OF THE UNITED STATES.—For adhere to the spirit and the letter of its States Customs and Border Protection im- purposes of this subsection, the term ‘‘pos- trade commitments through all available ported in violation of subsection (a)(2) or session of the United States’’ includes Amer- fora, including through bilateral negotia- subsection (b) of section 1201 of title 17, ican Samoa, the Commonwealth of the tions and the dispute settlement process of United States Code, the Secretary of Home- Northern Mariana Islands, the Common- the World Trade Organization. land Security is authorized to share informa- wealth of Puerto Rico, Guam, and the United (b) PRACTICES DESCRIBED.—The practices of tion about, and provide samples to affected States Virgin Islands. the Government of the People’s Republic of parties, subject to any applicable bonding re- (B) MIRROR CODE TAX SYSTEM.—For pur- China described in this subsection are prac- quirements, as to the seizure of material de- poses of this subsection, the term ‘‘mirror tices that— signed to circumvent technological measures code tax system’’ means, with respect to any (1) nullify or impair the benefits provided or protection afforded by a technological possession of the United States, the income to the United States or United States per- measure that controls access to or protects tax system of such possession if the income sons under the rules of the World Trade Or- the owner’s work protected by copyright tax liability of the residents of such posses- ganization; under such title. sion under such system is determined by ref- (2) impose restraints on the exportation erence to the income tax laws of the United from the People’s Republic of China of var- SA 729. Mr. COONS (for himself and States as if such possession were the United ious forms of raw or precursor materials, in- Mr. KOHL) submitted an amendment in- States. cluding rare earth oxides and alloys; tended to be proposed by him to the (C) TREATMENT OF PAYMENTS.—For pur- (3) impose requirements that United States bill S. 1619, to provide for identification poses of paragraph (2) of section 1324(b) of persons transfer technology or other intel- of misaligned currency, require action title 31, United States Code, the payments lectual property to entities of the People’s to correct the misalignment, and for under this subsection shall be treated in the Republic of China as a precondition for gain- other purposes; which was ordered to same manner as a refund due from any credit ing or increasing access to the market of the lie on the table; as follows: allowed under a section specified in such People’s Republic of China; paragraph. (4) impose nontariff barriers to the impor- At the end, add the following: SEC. lll. FEDERAL JURISDICTION FOR THEFT (g) EFFECTIVE DATE.—The amendments tation of goods and services from the United OF TRADE SECRETS. made by this section shall apply to individ- States, including goods and services pro- duced or provided by the renewable and clean (a) IN GENERAL.—Section 1836 of title 18, uals who begin work for the employer after energy, clean transportation, and new en- United States Code, is amended to read as the date of the enactment of this Act. ergy vehicle sectors; and follows: (h) RESCISSION OF UNSPENT FEDERAL FUNDS (5) discriminate against intellectual prop- ‘‘§ 1836. Civil proceedings TO OFFSET LOSS IN REVENUES.— erty on the basis of its national origin. ‘‘(a) BY ATTORNEY GENERAL.— (1) IN GENERAL.—Notwithstanding any (c) DEFINITIONS.—In this section: ‘‘(1) IN GENERAL.—The Attorney General other provision of law, of all available unob- (1) ENTITY OF THE PEOPLE’S REPUBLIC OF may bring a civil action to obtain relief de- ligated funds, appropriated discretionary CHINA.—The term ‘‘entity of the People’s Re- scribed in paragraph (2) for any violation of funds are hereby rescinded in such amounts public of China’’ means an entity owned or this chapter. as determined by the Director of the Office controlled by the Government of the Peo- ‘‘(2) RELIEF.—Relief described in this para- of Management and Budget such that the ag- ple’s Republic of China or by citizens of the graph is— gregate amount of such rescission equals the People’s Republic of China. ‘‘(A) appropriate injunctive relief against reduction in revenues to the Treasury by (2) UNITED STATES PERSON.—The term any violation of this chapter, including the reason of the amendments made by this sec- ‘‘United States person’’ means— actual or threatened misappropriation of tion. (A) an individual who is a citizen of the trade secrets; (2) IMPLEMENTATION.—The Director of the United States or an alien lawfully admitted ‘‘(B) if determined appropriate by the Office of Management and Budget shall de- for permanent residence to the United court, an order requiring affirmative actions termine and identify from which appropria- States; or to be taken to protect a trade secret; and tion accounts the rescission under paragraph (B) an entity organized under the laws of ‘‘(C) if the court determines that it would (1) shall apply and the amount of such rescis- the United States or of any jurisdiction be unreasonable to prohibit use of a trade se- sion that shall apply to each such account. within the United States. cret, an order requiring payment of a reason- Not later than 60 days after the date of the able royalty for any use of the trade secret. enactment of this Act, the Director of the SA 728. Mr. COONS (for himself, Mr. ‘‘(b) PRIVATE CIVIL ACTIONS.— Office of Management and Budget shall sub- GRASSLEY, and Mr. RUBIO) submitted ‘‘(1) IN GENERAL.—Any person aggrieved by mit a report to the Secretary of the Treas- an amendment intended to be proposed a violation of section 1832(a) may bring a ury and Congress of the accounts and by him to the bill S. 1619, to provide for civil action under this subsection. amounts determined and identified for re- identification of misaligned currency, ‘‘(2) PLEADINGS.—A complaint filed in a scission under the preceding sentence. civil action brought under this subsection (3) EXCEPTION.—This subsection shall not require action to correct the misalign- shall— apply to the unobligated funds of the Depart- ment, and for other purposes; which ‘‘(A) describe with specificity the reason- ment of Veterans Affairs or the Social Secu- was ordered to lie on the table; as fol- able measures taken to protect the secrecy rity Administration. lows: of the alleged trade secrets in dispute; and

VerDate Mar 15 2010 03:17 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.035 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6230 CONGRESSIONAL RECORD — SENATE October 5, 2011 ‘‘(B) include a sworn representation by the identification of misaligned currency, (1) REGULATORY IMPACT ANALYSES FOR CER- party asserting the claim that the dispute require action to correct the misalign- TAIN RULES.—Section 202 of the Unfunded involves either substantial need for nation- ment, and for other purposes; which Mandates Reform Act of 1995 (2 U.S.C. 1532) is wide service of process or misappropriation was ordered to lie on the table; as fol- amended— of trade secrets from the United States to lows: (A) by striking the section heading and in- another country. serting the following: ‘‘(3) CIVIL EX PARTE SEIZURE ORDER.— At the end, add the following: ‘‘SEC. 202. REGULATORY IMPACT ANALYSES FOR ‘‘(A) IN GENERAL.—In a civil action brought SEC. ll. DEPUTY UNITED STATES TRADE REP- CERTAIN RULES.’’; under this subsection, the court may, upon RESENTATIVE FOR TRADE EN- (B) by redesignating subsections (b) and (c) FORCEMENT. ex parte application and if the court finds by as subsections (d) and (e), respectively; (a) ESTABLISHMENT OF POSITION.—Section clear and convincing evidence that issuing 141(b)(2) of the Trade Act of 1974 (19 U.S.C. (C) by striking subsection (a) and inserting the order is necessary to prevent irreparable 2171(b)(2)) is amended by inserting ‘‘, one of the following: ‘‘(a) DEFINITION.—In this section, the term harm, issue an order providing for— whom shall be the Deputy United States ‘cost’ means the cost of compliance and any ‘‘(i) the seizure of any property (including Trade Representative for Trade Enforce- reasonably foreseeable indirect costs, includ- computers) used or intended to be used, in ment,’’ after ‘‘three Deputy United States ing revenues lost as a result of an agency any manner or part, to commit or facilitate Trade Representatives’’. rule subject to this section. the commission of the violation alleged in (b) FUNCTIONS OF POSITION.—Section 141(c) ‘‘(b) IN GENERAL.—Before promulgating the civil action; and of the Trade Act of 1974 (19 U.S.C. 2171(c)) is any proposed or final rule that may have an ‘‘(ii) the preservation of evidence in the amended— annual effect on the economy of $100,000,000 civil action. (1) in paragraph (4), by striking ‘‘Each’’ or more (adjusted for inflation), or that may ‘‘(B) SCOPE OF ORDERS.—An order issued and inserting ‘‘Except as provided in para- result in the expenditure by State, local, and under subparagraph (A) shall— graph (6), each’’; tribal governments, in the aggregate, of ‘‘(i) authorize the retention of the seized (2) by moving paragraph (5) 2 ems to the property for a reasonably limited period, not $100,000,000 or more (adjusted for inflation) in left; and any 1 year, each agency shall prepare and to exceed 72 hours under the initial order, (3) by adding at the end the following new publish in the Federal Register an initial and which may be extended by the court after paragraph: final regulatory impact analysis. The initial notice to the affected party and an oppor- ‘‘(6)(A) The principal function of the Dep- regulatory impact analysis shall accompany tunity to be heard; uty United States Trade Representative for the agency’s notice of proposed rulemaking ‘‘(ii) require that any copies of seized prop- Trade Enforcement shall be to ensure that and shall be open to public comment. The erty made by the requesting party be made United States trading partners comply with final regulatory impact analysis shall ac- at the expense of the requesting party; and trade agreements to which the United States company the final rule. ‘‘(iii) require the requesting party to re- is a party. ‘‘(c) CONTENT.—The initial and final regu- turn the seized property to the party from ‘‘(B) The Deputy United States Trade Rep- latory impact analysis under subsection (b) resentative for Trade Enforcement shall— which the property were seized at the end of shall include— ‘‘(i) assist the United States Trade Rep- the period authorized under clause (i), in- ‘‘(1)(A) an analysis of the anticipated bene- resentative in investigating and prosecuting cluding any extension. fits and costs of the rule, which shall be disputes pursuant to trade agreements to ‘‘(4) REMEDIES.—In a civil action brought quantified to the extent feasible; which the United States is a party, including under this subsection, a court may— ‘‘(B) an analysis of the benefits and costs before the World Trade Organization; ‘‘(A) order relief described in subsection of a reasonable number of regulatory alter- ‘‘(ii) assist the Secretary of the Treasury (a)(2); natives within the range of the agency’s dis- in determining under section 7(a) of the Cur- ‘‘(B) award— cretion under the statute authorizing the rency Exchange Rate Oversight Reform Act ‘‘(i) damages for actual loss caused by the rule, including alternatives that— of 2011 if a country the currency of which has misappropriation of a trade secret; and ‘‘(i) require no action by the Federal Gov- been designated for priority action under ‘‘(ii) damages for any unjust enrichment ernment; and section 4(a)(3) of that Act has adopted appro- caused by the misappropriation of the trade ‘‘(ii) use incentives and market-based priate policies, and taken identifiable action, secret that is not addressed in computing means to encourage the desired behavior, to eliminate the fundamental misalignment damages for actual loss; provide information upon which choices can of that currency; ‘‘(C) if the trade secret is willfully or mali- be made by the public, or employ other flexi- ‘‘(iii) assist the United States Trade Rep- ciously misappropriated, award exemplary ble regulatory options that permit the great- resentative in consultations in the World damages in an amount not more than the est flexibility in achieving the objectives of Trade Organization under section 7(a)(1) of amount of the damages awarded under sub- the statutory provision authorizing the rule; the Currency Exchange Rate Oversight Re- paragraph (B); and and form Act of 2011; ‘‘(D) if a claim of misappropriation is made ‘‘(C) an explanation that the rule meets ‘‘(iv) assist the United States Trade Rep- in bad faith, a motion to terminate an in- the requirements of section 205; resentative in carrying out the Trade Rep- junction is made or opposed in bad faith, or ‘‘(2) an assessment of the extent to which— resentative’s functions under subsection (d); a trade secret is willfully and maliciously ‘‘(A) the costs to State, local and tribal ‘‘(v) make recommendations with respect misappropriated, award reasonable attor- governments may be paid with Federal fi- to the administration of United States trade ney’s fees to the prevailing party. nancial assistance (or otherwise paid for by laws relating to foreign government barriers ‘‘(c) JURISDICTION.—The district courts of the Federal Government); and to United States goods, services, investment, the United States shall have original juris- ‘‘(B) there are available Federal resources and intellectual property, and with respect diction of civil actions brought under this to carry out the rule; to government procurement and other trade section. ‘‘(3) estimates of— ERIOD OF IMITATIONS matters; and ‘‘(d) P L .—A civil ac- ‘‘(A) any disproportionate budgetary ef- ‘‘(vi) perform such other functions as the tion under this section may not be com- fects of the rule upon any particular regions United States Trade Representative may di- menced later than 3 years after the date on of the Nation or particular State, local, or rect.’’. which the misappropriation is discovered or tribal governments, urban or rural or other (c) EFFECTIVE DATE.—The amendments by the exercise of reasonable diligence types of communities, or particular seg- should have been discovered. For purposes of made by this section shall take effect on the date on which an individual nominated by ments of the private sector; and this subsection, a continuing misappropria- ‘‘(B) the effect of the rule on job creation tion constitutes a single claim of misappro- the President to the position of Deputy United States Trade Representative for or job loss, which shall be quantified to the priation.’’. extent feasible; and (b) TECHNICAL AND CONFORMING AMEND- Trade Enforcement is confirmed by the ‘‘(4)(A) a description of the extent of the MENT.—The table of sections for chapter 90 of United States Senate. agency’s prior consultation with elected rep- title 18, United States Code, is amended by resentatives (under section 204) of the af- striking the item relating to section 1836 and SA 731. Mr. PORTMAN submitted an fected State, local, and tribal governments; inserting the following: amendment intended to be proposed by ‘‘(B) a summary of the comments and con- ‘‘1836. Civil proceedings.’’. him to the bill S. 1619, to provide for identification of misaligned currency, cerns that were presented by State, local, or (c) RULE OF CONSTRUCTION.—Nothing in the tribal governments either orally or in writ- amendments made by this section shall be require action to correct the misalign- ing to the agency; and construed to modify the rule of construction ment, and for other purposes; which ‘‘(C) a summary of the agency’s evaluation under section 1838 of title 18, United States was ordered to lie on the table; as fol- of those comments and concerns.’’; Code, or to preempt any other provision of lows: (D) in subsection (d) (as redesignated by law. At the appropriate place, insert the fol- paragraph (2) of this subsection), by striking lowing: ‘‘subsection (a)’’ and inserting ‘‘subsection SA 730. Ms. STABENOW submitted SEC. lll. UNFUNDED MANDATES REFORM. (b)’’; and an amendment intended to be proposed (a) REGULATORY IMPACT ANALYSES FOR (E) in subsection (e) (as redesignated by by her to the bill S. 1619, to provide for CERTAIN RULES.— paragraph (2) of this subsection), by striking

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‘‘subsection (a)’’ each place that term ap- that Agreement of all subsidies of the coun- (A) SUBMISSION.—The President may sub- pears and inserting ‘‘subsection (b)’’. try identified by the United States not later mit a request to Congress for a waiver of the (2) TECHNICAL AND CONFORMING AMEND- than 180 days after conducting the review re- application of subsection (c) to any signifi- MENT.—The table of sections for the Un- quired by subparagraph (A) if the Trade Rep- cant regulatory action. funded Mandates Reform Act of 1995 is resentative determines that the country has, (B) CONTENTS.—A submission under this amended by striking the item relating to for 2 consecutive years— paragraph shall include— section 202 and inserting the following: (i) failed to submit such a notification; or (i) an identification of the significant regu- ‘‘Sec. 202. Regulatory impact analyses for (ii) omitted information or included inac- latory action; and certain rules.’’. curate information in such a notification (ii) the reasons which necessitate a waiver (b) LEAST BURDENSOME OPTION OR EXPLA- that is material with respect to the totality for that significant regulatory action. NATION REQUIRED.—Section 205 of the Un- of the subsidies of the country. (C) CONGRESSIONAL ACTION.—Congress shall funded Mandates Reform Act of 1995 (2 U.S.C. give expeditious consideration and take ap- 1535) is amended by striking section 205 and SA 734. Mr. JOHNSON of Wisconsin propriate legislative action with respect to inserting the following: submitted an amendment intended to any waiver request submitted under this ‘‘SEC. 205. LEAST BURDENSOME OPTION OR EX- be proposed by him to the bill S. 1619, paragraph. PLANATION REQUIRED. to provide for identification of mis- (e) JUDICIAL REVIEW.— ‘‘Before promulgating any proposed or aligned currency, require action to cor- (1) DEFINITION.—In this subsection, the final rule for which a regulatory impact term ‘‘small business’’ means any business, analysis is required under section 202, the rect the misalignment, and for other including an unincorporated business or a agency shall— purposes; which was ordered to lie on sole proprietorship, that employs not more ‘‘(1) identify and consider a reasonable the table; as follows: than 500 employees or that has a net worth number of regulatory alternatives within the At the appropriate place insert the fol- of less than $7,000,000 on the date a civil ac- range of the agency’s discretion under the lowing: tion arising under this section is filed. statute authorizing the rule, including alter- SEC. lll. REGULATION MORATORIUM AND (2) REVIEW.—Any person that is adversely natives required under section 202(b)(1)(B); JOBS PRESERVATION ACT OF 2011. affected or aggrieved by any significant reg- and (a) SHORT TITLE.—This section may be ulatory action in violation of this section is ‘‘(2) from the alternatives described under cited as the ‘‘Regulation Moratorium and entitled to judicial review in accordance paragraph (1), select the least costly or least Jobs Preservation Act of 2011’’. with chapter 7 of title 5, United States Code. burdensome alternative that achieves the ob- (b) DEFINITIONS.—In this section— (3) JURISDICTION.—Each court having juris- jectives of the statute.’’. (1) the term ‘‘agency’’ has the meaning diction to review any significant regulatory given under section 3502(1) of title 44, United action for compliance with any other provi- SA 732. Mr. PORTMAN submitted an States Code; sion of law shall have jurisdiction to review amendment intended to be proposed by (2) the term ‘‘regulatory action’’ means all claims under this section. him to the bill S. 1619, to provide for any substantive action by an agency that (4) RELIEF.—In granting any relief in any identification of misaligned currency, promulgates or is expected to lead to the civil action under this subsection, the court require action to correct the misalign- promulgation of a final regulation, including shall order the agency to take corrective ac- ment, and for other purposes; which notices of inquiry, advance notices of pro- tion consistent with this section and chapter posed rulemaking, and notices of proposed 7 of title 5, United States Code, including re- was ordered to lie on the table; as fol- manding the significant regulatory action to lows: rulemaking; (3) the term ‘‘significant regulatory ac- the agency and enjoining the application or At the appropriate place, insert the fol- tion’’ means any regulatory action that is enforcement of that significant regulatory lowing: likely to result in a rule or guidance that action, unless the court finds by a preponder- SEC. lll. INCLUSION OF APPLICATION TO may— ance of the evidence that application or en- INDEPENDENT REGULATORY AGEN- (A) have an annual effect on the economy forcement is required to protect against an CIES. of $100,000,000 or more or adversely affect in imminent and serious threat to the national (a) IN GENERAL.—Section 421(1) of the Con- security from persons or states engaged in gressional Budget and Impoundment Control a material way the economy, a sector of the economy, productivity, competition, jobs, hostile or military activities against the Act of 1974 (2 U.S.C. 658(1)) is amended by United States. striking ‘‘, but does not include independent the environment, public health or safety, (5) REASONABLE ATTORNEY FEES FOR SMALL regulatory agencies’’. small entities, or State, local, or tribal gov- BUSINESSES.—The court shall award reason- (b) EXEMPTION FOR MONETARY POLICY.—The ernments or communities; able attorney fees and costs to a substan- Unfunded Mandates Reform Act of 1995 (2 (B) create a serious inconsistency or other- tially prevailing small business in any civil U.S.C. 1501 et seq.) is amended by inserting wise interfere with an action taken or action arising under this section. A party after section 5 the following: planned by another agency; qualifies as substantially prevailing even ‘‘SEC. 6. EXEMPTION FOR MONETARY POLICY. (C) materially alter the budgetary impact without obtaining a final judgment in its ‘‘Nothing in title II, III, or IV shall apply of entitlements, grants, user fees, or loan favor if the agency changes its position as a to rules that concern monetary policy pro- programs or the rights and obligations of re- result of the civil action. posed or implemented by the Board of Gov- cipients thereof; or (6) LIMITATION ON COMMENCING CIVIL AC- ernors of the Federal Reserve System or the (D) raise novel legal or policy issues; and TION.—A person may seek and obtain judicial Federal Open Market Committee.’’. (4) the term ‘‘small entities’’ has the mean- ing given under section 601(6) of title 5, review during the 1-year period beginning on SA 733. Mr. MERKLEY submitted an United States Code. the date of the challenged agency action or amendment intended to be proposed by (c) SIGNIFICANT REGULATORY ACTIONS.— within 90 days after an enforcement action him to the bill S. 1619, to provide for (1) IN GENERAL.—No agency may take any or notice thereof, except that where another significant regulatory action, until the Bu- provision of law requires that a civil action identification of misaligned currency, be commenced before the expiration of that require action to correct the misalign- reau of Labor Statistics average of monthly unemployment rates for any quarter begin- 1-year period, such lesser period shall apply. ment, and for other purposes; which ning after the date of enactment of this Act was ordered to lie on the table; as fol- is equal to or less than 7.7 percent. SA 735. Mr. MCCONNELL submitted lows: (2) DETERMINATION.—The Secretary of an amendment intended to be proposed On page 12, between lines 24 and 25, insert Labor shall submit a report to the Director by him to the bill S. 1619, to provide for the following: of the Office of Management and Budget identification of misaligned currency, (6) SUBSIDIES COUNTERNOTIFICATION.—The whenever the Secretary determines that the require action to correct the misalign- United States Trade Representative shall— Bureau of Labor Statistics average of ment, and for other purposes; which (A) not later than 90 days after the Sec- monthly unemployment rates for any quar- retary determines that the country has ter beginning after the date of enactment of was ordered to lie on the table; as fol- failed to adopt appropriate policies, or take this Act is equal to or less than 7.7 percent. lows: identifiable action, to eliminate the funda- (d) WAIVERS.— At the end, add the following: mental misalignment of its currency, and (1) NATIONAL SECURITY OR NATIONAL EMER- DIVISION B—AMERICAN JOBS ACT OF 2011 annually thereafter, review the notification GENCY.—The President may waive the appli- of subsidies, if any, submitted by the coun- cation of subsection (c) to any significant SECTION 1. SHORT TITLE; TABLE OF CONTENTS. try under Article 25 of the Agreement on regulatory action, if the President— (a) SHORT TITLE.—This division may be Subsidies and Countervailing Measures (re- (A) determines that the waiver is nec- cited as the ‘‘American Jobs Act of 2011’’. ferred to in section 101(d)(12) of the Uruguay essary on the basis of national security or a (b) TABLE OF CONTENTS.—The table of con- Round Agreements Act (19 U.S.C. national emergency; and tents for this division is as follows: 3511(d)(12))); and (B) submits notification to Congress of Sec. 1. Short title; table of contents. (B) notify the Committee on Subsidies and that waiver and the reasons for that waiver. Sec. 2. References. Countervailing Measures under Article 25 of (2) ADDITIONAL WAIVERS.— Sec. 3. Severability.

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Sec. 4. Buy American—Use of American Sec. 249. Senior management. PART I—EXTENSION OF EMERGENCY UNEM- iron, steel, and manufactured Sec. 250. Special Inspector General for PLOYMENT COMPENSATION AND CERTAIN EX- goods. AIFA. TENDED BENEFITS PROVISIONS, AND ESTAB- Sec. 5. Wage rate and employment protec- Sec. 251. Other personnel. LISHMENT OF SELF-EMPLOYMENT ASSIST- tion requirements. Sec. 252. Compliance. ANCE PROGRAM TITLE I—RELIEF FOR WORKERS AND PART II—TERMS AND LIMITATIONS ON DIRECT Sec. 311. Extension of emergency unemploy- BUSINESSES LOANS AND LOAN GUARANTEES ment compensation program. Sec. 253. Eligibility criteria for assistance Subtitle A—Payroll Tax Relief Sec. 312. Temporary extension of extended from AIFA and terms and limi- benefit provisions. Sec. 101. Temporary payroll tax cut for em- tations of loans. Sec. 313. Reemployment services and reem- ployers, employees and the self- Sec. 254. Loan terms and repayment. ployment and eligibility assess- employed. Sec. 255. Compliance and enforcement. ment activities. Sec. 102. Temporary tax credit for increased Sec. 256. Audits; reports to the President Sec. 314. Federal-State agreements to ad- payroll. and Congress. minister a self-employment as- Subtitle B—Other Relief for Businesses PART III—FUNDING OF AIFA sistance program. Sec. 111. Extension of temporary 100 percent Sec. 257. Administrative fees. Sec. 315. Conforming amendment on pay- bonus depreciation for certain Sec. 258. Efficiency of AIFA. ment of Bridge to Work wages. business assets. Sec. 259. Funding. Sec. 316. Additional extended unemployment Sec. 112. Surety bonds. PART IV—EXTENSION OF EXEMPTION FROM benefits under the Railroad Un- Sec. 113. Delay in application of withholding ALTERNATIVE MINIMUM TAX TREATMENT employment Insurance Act. on government contractors. FOR CERTAIN TAX-EXEMPT BONDS PART II—REEMPLOYMENT NOW PROGRAM TITLE II—PUTTING WORKERS BACK ON Sec. 260. Extension of exemption from alter- Sec. 321. Establishment of Reemployment THE JOB WHILE REBUILDING AND native minimum tax treatment NOW program. MODERNIZING AMERICA for certain tax-exempt bonds. Sec. 322. Distribution of funds. Subtitle A—Veterans Hiring Preferences Subtitle G—Project Rebuild Sec. 323. State plan. Sec. 324. Bridge to Work program. Sec. 201. Returning heroes and wounded war- Sec. 261. Project Rebuild. Subtitle H—National Wireless Initiative Sec. 325. Wage insurance. riors work opportunity tax Sec. 326. Enhanced reemployment strate- credits. Sec. 271. Definitions. gies. Subtitle B—Teacher Stabilization PART I—AUCTIONS OF SPECTRUM AND Sec. 327. Self-employment programs. Sec. 202. Purpose. SPECTRUM MANAGEMENT Sec. 328. Additional innovative programs. Sec. 203. Grants for the outlying areas and Sec. 272. Clarification of authorities to re- Sec. 329. Guidance and additional require- the Secretary of the Interior; purpose Federal spectrum for ments. availability of funds. commercial purposes. Sec. 330. Report of information and evalua- Sec. 204. State allocation. Sec. 273. Incentive auction authority. tions to Congress and the pub- Sec. 205. State application. Sec. 274. Requirements when repurposing lic. Sec. 206. State reservation and responsibil- certain mobile satellite serv- Sec. 331. State. ities. ices spectrum for terrestrial PART III—SHORT-TIME COMPENSATION Sec. 207. Local educational agencies. broadband use. PROGRAM Sec. 275. Permanent extension of auction au- Sec. 208. Early learning. Sec. 341. Treatment of short-time compensa- Sec. 209. Maintenance of effort. thority. Sec. 276. Authority to auction licenses for tion programs. Sec. 210. Reporting. Sec. 342. Temporary financing of short-time Sec. 211. Definitions. domestic satellite services. Sec. 277. Directed auction of certain spec- compensation payments in Sec. 212. Authorization of appropriations. trum. States with programs in law. Subtitle C—First Responder Stabilization Sec. 278. Authority to establish spectrum li- Sec. 343. Temporary financing of short-time Sec. 213. Purpose. cense user fees. compensation agreements. Sec. 344. Grants for short-time compensa- Sec. 214. Grant program. PART II—PUBLIC SAFETY BROADBAND tion programs. Sec. 215. Appropriations. NETWORK Sec. 345. Assistance and guidance in imple- Subtitle D—School Modernization Sec. 281. Reallocation of D block for public menting programs. PART I—ELEMENTARY AND SECONDARY safety. Sec. 346. Reports. SCHOOLS Sec. 282. Flexible use of narrowband spec- trum. Subtitle B—Long Term Unemployed Hiring Sec. 221. Purpose. Sec. 283. Single public safety wireless net- Preferences Sec. 222. Authorization of appropriations. work licensee. Sec. 351. Long term unemployed workers Sec. 223. Allocation of funds. Sec. 284. Establishment of Public Safety work opportunity tax credits. Sec. 224. State use of funds. Broadband Corporation. Subtitle C—Pathways Back to Work Sec. 225. State and local applications. Sec. 285. Board of directors of the corpora- Sec. 361. Short title. Sec. 226. Use of funds. tion. Sec. 227. Private schools. Sec. 286. Officers, employees, and commit- Sec. 362. Establishment of Pathways Back Sec. 228. Additional provisions. tees of the corporation. to Work Fund. Sec. 363. Availability of funds. PART II—COMMUNITY COLLEGE Sec. 287. Nonprofit and nonpolitical nature Sec. 364. Subsidized employment for unem- MODERNIZATION of the corporation. Sec. 288. Powers, duties, and responsibilities ployed, low-income adults. Sec. 229. Federal assistance for community of the corporation. Sec. 365. Summer employment and year- college modernization. Sec. 289. Initial funding for corporation. round employment opportuni- PART III—GENERAL PROVISIONS Sec. 290. Permanent self-funding; duty to as- ties for low-income youth. Sec. 230. Definitions. sess and collect fees for net- Sec. 366. Work-based employment strategies Sec. 231. Buy American. work use. of demonstrated effectiveness. Sec. 291. Audit and report. Sec. 367. General requirements. Subtitle E—Immediate Transportation Sec. 292. Annual report to Congress. Sec. 368. Definitions. Infrastrucure Investments Sec. 293. Provision of technical assistance. Subtitle D—Prohibition of Discrimination in Sec. 241. Immediate transportation infra- Sec. 294. State and local implementation. Employment on the Basis of an Individ- Sec. 295. State and Local Implementation structure investments. ual’s Status as Unemployed Subtitle F—Building and Upgrading Fund. Sec. 296. Public safety wireless communica- Sec. 371. Short title. Infrastructure for Long-Term Development tions research and develop- Sec. 372. Findings and purpose. Sec. 242. Short title; table of contents. ment. Sec. 373. Definitions. Sec. 243. Findings and purpose. Sec. 297. Public Safety Trust Fund. Sec. 374. Prohibited acts. Sec. 244. Definitions. Sec. 298. FCC report on efficient use of pub- Sec. 375. Enforcement. PART I—AMERICAN INFRASTRUCTURE lic safety spectrum. Sec. 376. Federal and State immunity. FINANCING AUTHORITY Sec. 299. Public safety roaming and priority Sec. 377. Relationship to other laws. access. Sec. 378. Severability. Sec. 245. Establishment and general author- Sec. 379. Effective date. ity of AIFA. TITLE III—ASSISTANCE FOR THE UNEM- TITLE IV—OFFSETS Sec. 246. Voting members of the board of di- PLOYED AND PATHWAYS BACK TO rectors. WORK Subtitle A—28 Percent Limitation on Sec. 247. Chief executive officer of AIFA. Subtitle A—Supporting Unemployed Certain Deductions and Exclusions Sec. 248. Powers and duties of the board of Workers Sec. 401. 28 percent limitation on certain de- directors. Sec. 301. Short title. ductions and exclusions.

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Subtitle B—Tax Carried Interest in waive the application of subsection (a) based (2) COORDINATION WITH DEDUCTIONS FOR EM- Investment Partnerships as Ordinary Income on a finding under subsection (b), the head of PLOYMENT TAXES.—For purposes of the Inter- Sec. 411. Partnership interests transferred in the department or agency shall publish in nal Revenue Code of 1986, in the case of any connection with performance of the Federal Register a detailed written jus- taxable year which begins in the payroll tax services. tification as to why the provision is being holiday period— Sec. 412. Special rules for partners providing waived. (A) DEDUCTION IN COMPUTING NET EARNINGS investment management serv- (d) This section shall be applied in a man- FROM SELF-EMPLOYMENT.—The deduction al- ner consistent with United States obliga- ices to partnerships. lowed under section 1402(a)(12) of such Code tions under international agreements. shall be the sum of (i) 4.55 percent times the Subtitle C—Close Loophole for Corporate Jet SEC. 5. WAGE RATE AND EMPLOYMENT PROTEC- amount of the taxpayer’s net earnings from Depreciation TION REQUIREMENTS. self-employment for the taxable year subject Sec. 421. General aviation aircraft treated as (a) Notwithstanding any other provision of to paragraph (b)(1)(A) of this section, plus 7-year property. law and in a manner consistent with other (ii) 7.65 percent of the taxpayer’s net earn- Subtitle D—Repeal Oil Subsidies provisions in this division, all laborers and ings from self-employment in excess of that mechanics employed by contractors and sub- Sec. 431. Repeal of deduction for intangible amount. contractors on projects funded directly by or drilling and development costs (B) INDIVIDUAL DEDUCTION.—The deduction assisted in whole or in part by and through under section 164(f) of such Code shall be in the case of oil and gas wells. the Federal Government pursuant to this di- Sec. 432. Repeal of deduction for tertiary equal to the sum of (i) one-half of the taxes vision shall be paid wages at rates not less imposed by section 1401 (after the applica- injectants. than those prevailing on projects of a char- Sec. 433. Repeal of percentage depletion for tion of this section) with respect to the tax- acter similar in the locality as determined payer’s net earnings from self-employment oil and gas wells. by the Secretary of Labor in accordance with Sec. 434. Section 199 deduction not allowed for the taxable year subject to paragraph subchapter IV of chapter 31 of title 40, with respect to oil, natural gas, (b)(1)(A) of this section plus (ii) 62.7 percent United States Code. of the taxes imposed by section 1401 (after or primary products thereof. (b) With respect to the labor standards Sec. 435. Repeal oil and gas working interest the application of this section) with respect specified in this section, the Secretary of to the excess. exception to passive activity Labor shall have the authority and functions rules. (c) REGULATORY AUTHORITY.—The Sec- set forth in Reorganization Plan Numbered retary may prescribe any such regulations or Sec. 436. Uniform seven-year amortization 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and for geological and geophysical other guidance necessary or appropriate to section 3145 of title 40, United States Code. carry out this section, including the alloca- expenditures. (c) Projects as defined under title 49, Sec. 437. Repeal enhanced oil recovery cred- tion of the excess of $5 million over total re- United States Code, funded directly by or as- muneration subject to section 3111(a) paid it. sisted in whole or in part by and through the Sec. 438. Repeal marginal well production during the payroll tax holiday period among Federal Government pursuant to this Act related taxpayers treated as a single quali- credit. shall be subject to the requirements of sec- fied employer. Subtitle E—Dual Capacity Taxpayers tion 5333(b) of title 49, United States Code. (d) DEFINITIONS.— Sec. 441. Modifications of foreign tax credit TITLE I—RELIEF FOR WORKERS AND (1) PAYROLL TAX HOLIDAY PERIOD.—The rules applicable to dual capac- BUSINESSES term ‘‘payroll tax holiday period’’ means cal- ity taxpayers. Subtitle A—Payroll Tax Relief endar year 2012. Sec. 442. Separate basket treatment taxes SEC. 101. TEMPORARY PAYROLL TAX CUT FOR (2) QUALIFIED EMPLOYER.—For purposes of paid on foreign oil and gas in- EMPLOYERS, EMPLOYEES AND THE this paragraph, come. SELF-EMPLOYED. (A) IN GENERAL.—The term ‘‘qualified em- Subtitle F—Increased Target and Trigger for (a) WAGES.—Notwithstanding any other ployer’’ means any employer other than the Joint Select Committee on Deficit Reduc- provision of law— United States, any State or possession of the tion (1) with respect to remuneration received United States, or any political subdivision during the payroll tax holiday period, the thereof, or any instrumentality of the fore- Sec. 451. Increased target and trigger for rate of tax under 3101(a) of the Internal Rev- going. Joint Select Committee on Def- enue Code of 1986 shall be 3.1 percent (includ- (B) TREATMENT OF EMPLOYEES OF POST-SEC- icit Reduction. ing for purposes of determining the applica- ONDARY EDUCATIONAL INSTITUTIONS.—Not- SEC. 2. REFERENCES. ble percentage under sections 3201(a) and withstanding paragraph (A), the term ‘‘quali- Except as expressly provided otherwise, 3211(a) of such Code), and fied employer’’ includes any employer which any reference to ‘‘this Act’’ contained in any (2) with respect to remuneration paid dur- is a public institution of higher education (as subtitle of this division shall be treated as ing the payroll tax holiday period, the rate defined in section 101 of the Higher Edu- referring only to the provisions of that sub- of tax under 3111(a) of such Code shall be 3.1 cation Act of 1965). title. percent (including for purposes of deter- (3) AGGREGATION RULES.—For purposes of SEC. 3. SEVERABILITY. mining the applicable percentage under sec- this subsection rules similar to sections If any provision of this division, or the ap- tions 3221(a) and 3211(a) of such Code). 414(b), 414(c), 414(m) and 414(o) shall apply to plication thereof to any person or cir- (3) Subsection (a)(2) shall only apply to— determine when multiple entities shall be cumstance, is held invalid, the remainder of (A) employees performing services in a treated as a single employer, and rules with the division and the application of such pro- trade or business of a qualified employer, or respect to predecessor and successor employ- vision to other persons or circumstances (B) in the case of a qualified employer ex- ers may be applied, in such manner as may shall not be affected thereby. empt from tax under section 501(a), in fur- be prescribed by the Secretary. SEC. 4. BUY AMERICAN—USE OF AMERICAN IRON, therance of the activities related to the pur- (e) TRANSFERS OF FUNDS.— STEEL, AND MANUFACTURED pose or function constituting the basis of the (1) TRANSFERS TO FEDERAL OLD-AGE AND GOODS. employer’s exemption under section 501. SURVIVORS INSURANCE TRUST FUND.—There (a) None of the funds appropriated or oth- (4) Subsection (a)(2) shall apply only to the are hereby appropriated to the Federal Old- erwise made available by this division may first $5 million of remuneration or com- Age and Survivors Trust Fund and the Fed- be used for a project for the construction, al- pensation paid by a qualified employer sub- eral Disability Insurance Trust Fund estab- teration, maintenance, or repair of a public ject to section 3111(a) or a corresponding lished under section 201 of the Social Secu- building or public work unless all of the iron, amount of compensation subject to 3221(a). rity Act (42 U.S.C. 401) amounts equal to the steel, and manufactured goods used in the (b) SELF-EMPLOYMENT TAXES.— reduction in revenues to the Treasury by project are produced in the United States. (1) IN GENERAL.—Notwithstanding any reason of the application of subsections (a) (b) Subsection (a) shall not apply in any other provision of law, with respect to any and (b) to employers other than those de- case or category of cases in which the head taxable year which begins in the payroll tax scribed in (e)(2). Amounts appropriated by of the Federal department or agency in- holiday period, the rate of tax under section the preceding sentence shall be transferred volved finds that— 1401(a) of the Internal Revenue Code of 1986 from the general fund at such times and in (1) applying subsection (a) would be incon- shall be— such manner as to replicate to the extent sistent with the public interest; (A) 6.2 percent on the portion of net earn- possible the transfers which would have oc- (2) iron, steel, and the relevant manufac- ings from self-employment subject to 1401(a) curred to such Trust Fund had such amend- tured goods are not produced in the United during the payroll tax period that does not ments not been enacted. States in sufficient and reasonably available exceed the amount of the excess of $5 million (2) TRANSFERS TO SOCIAL SECURITY EQUIVA- quantities and of a satisfactory quality; or over total remuneration, if any, subject to LENT BENEFIT ACCOUNT.—There are hereby (3) inclusion of iron, steel, and manufac- section 3111(a) paid during the payroll tax appropriated to the Social Security Equiva- tured goods produced in the United States holiday period to employees of the self-em- lent Benefit Account established under sec- will increase the cost of the overall project ployed person, and tion 15A(a) of the Railroad Retirement Act by more than 25 percent. (B) 9.3 percent for any portion of net earn- of 1974 (45 U.S.C. 231n–1(a)) amounts equal to (c) If the head of a Federal department or ings from self-employment not subject to the reduction in revenues to the Treasury by agency determines that it is necessary to subsection (b)(1)(A). reason of the application of subsection (a) to

VerDate Mar 15 2010 03:46 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.039 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6234 CONGRESSIONAL RECORD — SENATE October 5, 2011 employers subject to the Railroad Retire- lowable under Subtitle C of the Internal Rev- TITLE II—PUTTING WORKERS BACK ON ment Tax. Amounts appropriated by the pre- enue Code of 1986 under rules prescribed by THE JOB WHILE REBUILDING AND MOD- ceding sentence shall be transferred from the the Secretary of the Treasury, provided that ERNIZING AMERICA general fund at such times and in such man- the amount so treated for the period de- Subtitle A—Veterans Hiring Preferences ner as to replicate to the extent possible the scribed in subsection (a)(1) or subsection transfers which would have occurred to such SEC. 201. RETURNING HEROES AND WOUNDED (a)(2) shall not exceed the amount of tax im- WARRIORS WORK OPPORTUNITY Account had such amendments not been en- posed on the qualified employer under sec- TAX CREDITS. acted. tion 3111(a) of such Code for the relevant pe- (a) IN GENERAL.—Paragraph (3) of section (f) COORDINATION WITH OTHER FEDERAL riod. Any income tax deduction by a quali- 51(b) of the Internal Revenue Code is amend- LAWS.—For purposes of applying any provi- fied employer for amounts paid under sec- ed by striking ‘‘($12,000 per year in the case sion of Federal law other than the provisions tion 3111(a) of such Code or similar Railroad of any individual who is a qualified veteran of the Internal Revenue Code of 1986, the rate Retirement Tax provisions shall be reduced of tax in effect under section 3101(a) of such by reason of subsection (d)(3)(A)(ii))’’ and in- by the amounts so credited. Code shall be determined without regard to serting ‘‘($12,000 per year in the case of any the reduction in such rate under this section. (e) TRANSFERS TO FEDERAL OLD-AGE AND individual who is a qualified veteran by rea- son of subsection (d)(3)(A)(ii)(I), $14,000 per SEC. 102. TEMPORARY TAX CREDIT FOR IN- SURVIVORS INSURANCE TRUST FUND.—There CREASED PAYROLL. are hereby appropriated to the Federal Old- year in the case of any individual who is a (a) IN GENERAL.—Notwithstanding any Age and Survivors Trust Fund and the Fed- qualified veteran by reason of subsection other provision of law, each qualified em- eral Disability Insurance Trust Fund estab- (d)(3)(A)(iv), and $24,000 per year in the case ployer shall be allowed, with respect to lished under section 201 of the Social Secu- of any individual who is a qualified veteran wages for services performed for such quali- rity Act (42 U.S.C. 401) amounts equal to the by reason of subsection (d)(3)(A)(ii)(II))’’. fied employer, a payroll increase credit de- reduction in revenues to the Treasury by (b) RETURNING HEROES TAX CREDITS.—Sec- termined as follows: reason of the amendments made by sub- tion 51(d)(3)(A) of the Internal Revenue Code (1) With respect to the period from October section (d). Amounts appropriated by the is amended by striking ‘‘or’’ at the end of 1, 2011 through December 31, 2011, 6.2 percent preceding sentence shall be transferred from paragraph (3)(A)(i), and inserting the fol- of the excess, if any, (but not more than $12.5 the general fund at such times and in such lowing new paragraphs after paragraph (ii)— million of the excess) of the wages subject to manner as to replicate to the extent possible ‘‘(iii) having aggregate periods of unem- tax under section 3111(a) of the Internal Rev- the transfers which would have occurred to ployment during the 1-year period ending on the hiring date which equal or exceed 4 enue Code of 1986 for such period over such such Trust Fund had such amendments not weeks (but less than 6 months), or wages for the corresponding period of 2010. been enacted. (2) With respect to the period from Janu- ‘‘(iv) having aggregate periods of unem- ary 1, 2012 through December 31, 2012, (f) APPLICATION TO RAILROAD RETIREMENT ployment during the 1-year period ending on (A) 6.2 percent of the excess, if any, (but TAXES.—For purposes of qualified employers the hiring date which equal or exceed 6 not more than $50 million of the excess) of that are employers under section 3231(a) of months.’’. the wages subject to tax under section the Internal Revenue Code of 1986, sub- (c) SIMPLIFIED CERTIFICATION.—Section 3111(a) of the Internal Revenue Code of 1986 sections (a)(1) and (a)(2) of this section shall 51(d) of the Internal Revenue Code is amend- for such period over such wages for calendar apply by substituting section 3221 for section ed by adding a new paragraph 15 as follows— year 2011, minus 3111, and substituting the term ‘‘compensa- ‘‘(15) CREDIT ALLOWED FOR UNEMPLOYED (B) 3.1 percent of the result (but not less tion’’ for ‘‘wages’’ as appropriate. VETERANS.— than zero) of subtracting from $5 million ‘‘(A) IN GENERAL.—Any qualified veteran such wages for calendar year 2011. Subtitle B—Other Relief for Businesses under paragraphs (3)(A)(ii)(II), (3)(A)(iii), and (3) In the case of a qualified employer for SEC. 111. EXTENSION OF TEMPORARY 100 PER- (3)(A)(iv) will be treated as certified by the which the wages subject to tax under section CENT BONUS DEPRECIATION FOR designated local agency as having aggregate 3111(a) of the Internal Revenue Code of 1986 CERTAIN BUSINESS ASSETS. periods of unemployment if— (a) were zero for the corresponding period of ‘‘(i) in the case of qualified veterans under (a) IN GENERAL.—Paragraph (5) of section 2010 referred to in subsection (a)(1), the paragraphs (3)(A)(ii)(II) and (3)(A)(iv), the 168(k) of the Internal Revenue Code is amount of such wages shall be deemed to be veteran is certified by the designated local amended— 80 percent of the amount of wages taken into agency as being in receipt of unemployment (1) by striking ‘‘January 1, 2012’’ each place account for the period from October 1, 2011 compensation under State or Federal law for it appears and inserting ‘‘January 1, 2013’’, through December 31, 2011 and (b) were zero not less than 6 months during the 1-year pe- and for the calendar year 2011 referred to in sub- riod ending on the hiring date; or (2) by striking ‘‘January 1, 2013’’ and in- section (a)(2), then the amount of such wages ‘‘(ii) in the case of a qualified veteran serting ‘‘January 1, 2014’’. shall be deemed to be 80 percent of the under paragraph (3)(A)(iii), the veteran is amount of wages taken into account for 2012. (b) CONFORMING AMENDMENT.—The heading certified by the designated local agency as (4) This subsection (a) shall only apply for paragraph (5) of section 168(k) of the In- being in receipt of unemployment compensa- with respect to the wages of employees per- ternal Revenue Code is amended by striking tion under State or Federal law for not less forming services in a trade or business of a ‘‘PRE–2012 PERIODS’’ and inserting ‘‘PRE– than 4 weeks (but less than 6 months) during qualified employer or, in the case of a quali- 2013 PERIODS’’. the 1-year period ending on the hiring date. fied employer exempt from tax under section ‘‘(B) REGULATORY AUTHORITY.—The Sec- SEC. 112. SURETY BONDS. 501(a) of the Internal Revenue Code of 1986, retary in his discretion may provide alter- in furtherance of the activities related to the (a) MAXIMUM BOND AMOUNT.—Section native methods for certification.’’. purpose or function constituting the basis of 411(a)(1) of the Small Business Investment (d) CREDIT MADE AVAILABLE TO TAX-EX- the employer’s exemption under section 501. Act of 1958 (15 U.S.C. 694b(a)(1)) is amended EMPT EMPLOYERS IN CERTAIN CIR- (b) QUALIFIED EMPLOYERS.—For purposes of by striking ‘‘$2,000,000’’ and inserting CUMSTANCES.—Section 52(c) of the Internal this section— ‘‘$5,000,000’’. Revenue Code is amended— N GENERAL.—The term ‘‘qualified em- (1) I (1) by striking the word ‘‘No’’ at the begin- ployer’’ means any employer other than the (b) DENIAL OF LIABILITY.—Section 411(e)(2) ning of the section and replacing it with United States, any State or possession of the of the Small Business Investment Act of 1958 ‘‘Except as provided in this subsection, no’’; United States, or any political subdivision (15 U.S.C. 694b(e)(2)) is amended by striking (2) the following new paragraphs are in- thereof, or any instrumentality of the fore- ‘‘$2,000,000’’ and inserting ‘‘$5,000,000’’. serted at the end of section 52(c)— going. (c) SUNSET.—The amendments made by ‘‘(1) IN GENERAL.—In the case of a tax-ex- (2) TREATMENT OF EMPLOYEES OF POST-SEC- subsections (a) and (b) of this section shall empt employer, there shall be treated as a ONDARY EDUCATIONAL INSTITUTIONS.—Not- remain in effect until September 30, 2012. credit allowable under subpart C (and not al- withstanding subparagraph (1), the term lowable under subpart D) the lesser of— ‘‘qualified employer’’ includes any employer (d) FUNDING.—There is appropriated out of which is a public institution of higher edu- any money in the Treasury not otherwise ap- ‘‘(A) the amount of the work opportunity cation (as defined in section 101 of the Higher propriated, $3,000,000, to remain available credit determined under this subpart with Education Act of 1965). until expended, for additional capital for the respect to such employer that is related to (c) AGGREGATION RULES.—For purposes of Surety Bond Guarantees Revolving Fund, as the hiring of qualified veterans described in this subsection rules similar to sections authorized by the Small Business Invest- sections 51(d)(3)(A)(ii)(II), (iii) or (iv); or 414(b), 414(c), 414(m) and 414(o) of the Internal ment Act of 1958, as amended. ‘‘(B) the amount of the payroll taxes of the Revenue Code of 1986 shall apply to deter- employer during the calendar year in which mine when multiple entities shall be treated SEC. 113. DELAY IN APPLICATION OF WITH- the taxable year begins. HOLDING ON GOVERNMENT CON- ‘‘(2) CREDIT AMOUNT.—In calculating for as a single employer, and rules with respect TRACTORS. to predecessor and successor employers may tax-exempt employers, the work opportunity be applied, in such manner as may be pre- Subsection (b) of section 511 of the Tax In- credit shall be determined by substituting ‘26 scribed by the Secretary. crease Prevention and Reconciliation Act of percent’ for ‘40 percent’ in section 51(a) and (d) APPLICATION OF CREDITS.—The payroll 2005 is amended by striking ‘‘December 31, by substituting ‘16.25 percent’ for ‘25 percent’ increase credit shall be treated as a credit al- 2011’’ and inserting ‘‘December 31, 2013’’. in section 51(i)(3)(A).

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‘‘(3) TAX-EXEMPT EMPLOYER.—For purposes (f) EFFECTIVE DATE.—The amendment (d) REALLOCATION.—If a State does not re- of this subpart, the term ‘tax-exempt em- made by this section shall apply to individ- ceive funding under this subtitle or only re- ployer’ means an employer that is— uals who begin work for the employer after ceives a portion of its allocation under sub- ‘‘(i) an organization described in section the date of the enactment of this Act. section (c), the Secretary shall reallocate 501(c) and exempt from taxation under sec- Subtitle B—Teacher Stabilization the State’s entire allocation or the remain- tion 501(a), or ing portion of its allocation, as the case may SEC. 202. PURPOSE. ‘‘(ii) a public higher education institution The purpose of this subtitle is to provide be, to the remaining States in accordance (as defined in section 101 of the Higher Edu- funds to States to prevent teacher layoffs with subsection (a). cation Act of 1965). and support the creation of additional jobs in SEC. 205. STATE APPLICATION. AYROLL TAXES.—For purposes of this ‘‘(4) P public early childhood, elementary, and sec- The Governor of a State desiring to receive subsection— ondary education in the 2011–2012 and 2012– a grant under this subtitle shall submit an ‘‘(A) IN GENERAL.—The term ‘payroll taxes’ 2013 school years. application to the Secretary within 30 days means— of the date of enactment of this Act, in such ‘‘(i) amounts required to be withheld from SEC. 203. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE INTE- manner, and containing such information as the employees of the tax-exempt employer RIOR; AVAILABILITY OF FUNDS. the Secretary may reasonably require to de- under section 3401(a), (a) RESERVATION OF FUNDS.—From the termine the State’s compliance with applica- ‘‘(ii) amounts required to be withheld from amount appropriated to carry out this sub- ble provisions of law. such employees under section 3101(a), and title under section 212, the Secretary— SEC. 206. STATE RESERVATION AND RESPON- ‘‘(iii) amounts of the taxes imposed on the (1) shall reserve up to one-half of one per- SIBILITIES. tax-exempt employer under section 3111(a).’’. cent to provide assistance to the outlying (a) RESERVATION.—Each State receiving a (e) TREATMENT OF POSSESSIONS.— areas on the basis of their respective needs, grant under section 204(b) may reserve— (1) PAYMENTS TO POSSESSIONS.— as determined by the Secretary, for activi- (1) not more than 10 percent of the grant (A) MIRROR CODE POSSESSIONS.—The Sec- ties consistent with this part under such funds for awards to State-funded early learn- retary of the Treasury shall pay to each pos- terms and conditions as the Secretary may ing programs; and session of the United States with a mirror determine; (2) not more than 2 percent of the grant code tax system amounts equal to the loss to (2) shall reserve up to one-half of one per- funds for the administrative costs of car- that possession by reason of the application cent to provide assistance to the Secretary rying out its responsibilities under this sub- of this section (other than this subsection). of the Interior to carry out activities con- title. Such amounts shall be determined by the sistent with this part, in schools operated or (b) STATE RESPONSIBILITIES.—Each State Secretary of the Treasury based on informa- funded by the Bureau of Indian Education; receiving a grant under this subtitle shall, tion provided by the government of the re- and after reserving any funds under subsection spective possession of the United States. (3) may reserve up to $2,000,000 for adminis- (a)— (B) OTHER POSSESSIONS.—The Secretary of tration and oversight of this part, including (1) use the remaining grant funds only for the Treasury shall pay to each possession of program evaluation. awards to local educational agencies for the the United States, which does not have a (b) AVAILABILITY OF FUNDS.—Funds made support of early childhood, elementary, and mirror code tax system, amounts estimated available under section 212 shall remain secondary education; and by the Secretary of the Treasury as being available to the Secretary until September (2) distribute those funds, through sub- equal to the aggregate credits that would 30, 2012. grants, to its local educational agencies by have been provided by the possession by rea- SEC. 204. STATE ALLOCATION. distributing— son of the application of this section (other (a) ALLOCATION.—After reserving funds (A) 60 percent on the basis of the local edu- than this subsection) if a mirror code tax under section 203(a), the Secretary shall allo- cational agencies’ relative shares of enroll- system had been in effect in such possession. cate to the States— ment; and The preceding sentence shall not apply with (1) 60 percent on the basis of their relative (B) 40 percent on the basis of the local edu- respect to any possession of the United population of individuals aged 5 through 17; cational agencies’ relative shares of funds re- States unless such possession has a plan, and ceived under part A of title I of the Elemen- which has been approved by the Secretary of (2) 40 percent on the basis of their relative tary and Secondary Education Act of 1965 for the Treasury, under which such possession total population. fiscal year 2011; and will promptly distribute such payments. (b) AWARDS.—From the funds allocated (3) make those funds available to local edu- (2) COORDINATION WITH CREDIT ALLOWED under subsection (a), the Secretary shall cational agencies no later than 100 days after AGAINST UNITED STATES INCOME TAXES.—No make a grant to the Governor of each State receiving a grant from the Secretary. increase in the credit determined under sec- who submits an approvable application under (c) PROHIBITIONS.—A State shall not use tion 38(b) of the Internal Revenue Code of section 214. funds received under this subtitle to directly 1986 that is attributable to the credit pro- (c) ALTERNATE DISTRIBUTION OF FUNDS.— or indirectly— vided by this section (other than this sub- (1) If, within 30 days after the date of en- (1) establish, restore, or supplement a section (e)) shall be taken into account with actment of this Act, a Governor has not sub- rainy-day fund; respect to any person— mitted an approvable application to the Sec- (2) supplant State funds in a manner that (A) to whom a credit is allowed against retary, the Secretary shall, consistent with has the effect of establishing, restoring, or taxes imposed by the possession of the paragraph (2), provide for funds allocated to supplementing a rainy-day fund; United States by reason of this section for that State to be distributed to another enti- (3) reduce or retire debt obligations in- such taxable year, or ty or other entities in the State for the sup- curred by the State; or (B) who is eligible for a payment under a port of early childhood, elementary, and sec- (4) supplant State funds in a manner that plan described in paragraph (1)(B) with re- ondary education, under such terms and con- has the effect of reducing or retiring debt ob- spect to such taxable year. ditions as the Secretary may establish. ligations incurred by the State. (3) DEFINITIONS AND SPECIAL RULES.— (2) MAINTENANCE OF EFFORT.— SEC. 207. LOCAL EDUCATIONAL AGENCIES. (A) POSSESSION OF THE UNITED STATES.—For (A) GOVERNOR ASSURANCE.—The Secretary Each local educational agency that re- purposes of this subsection (e), the term shall not allocate funds under paragraph (1) ceives a subgrant under this subtitle— ‘‘possession of the United States’’ includes unless the Governor of the State provides an (1) shall use the subgrant funds only for American Samoa, the Commonwealth of the assurance to the Secretary that the State compensation and benefits and other ex- Northern Mariana Islands, the Common- will for fiscal years 2012 and 2013 meet the re- penses, such as support services, necessary wealth of Puerto Rico, Guam, and the United quirements of section 209. to retain existing employees, recall or rehire States Virgin Islands. (B) Notwithstanding subparagraph (A), the former employees, or hire new employees to (B) MIRROR CODE TAX SYSTEM.—For pur- Secretary may allocate up to 50 percent of provide early childhood, elementary, or sec- poses of this subsection, the term ‘‘mirror the funds that are available to the State ondary educational and related services; code tax system’’ means, with respect to any under paragraph (1) to another entity or en- (2) shall obligate those funds no later than possession of the United States, the income tities in the State, provided that the State September 30, 2013; and tax system of such possession if the income educational agency submits data to the Sec- (3) may not use those funds for general ad- tax liability of the residents of such posses- retary demonstrating that the State will for ministrative expenses or for other support sion under such system is determined by ref- fiscal year 2012 meet the requirements of sec- services or expenditures, as those terms are erence to the income tax laws of the United tion 209(a) or the Secretary otherwise deter- defined by the National Center for Education States as if such possession were the United mines that the State will meet those re- Statistics in the Common Core of Data, as of States. quirements, or such comparable require- the date of enactment of this Act. (C) TREATMENT OF PAYMENTS.—For pur- ments as the Secretary may establish, for SEC. 208. EARLY LEARNING. poses of section 1324(b)(2) of title 31, United that year. Each State-funded early learning program States Code, rules similar to the rules of sec- (3) REQUIREMENTS.—An entity that receives that receives funds under this subtitle tion 1001(b)(3)(C) of the American Recovery funds under paragraph (1) shall use those shall— and Reinvestment Tax Act of 2009 shall funds in accordance with the requirements of (1) use those funds only for compensation, apply. this subtitle. benefits, and other expenses, such as support

VerDate Mar 15 2010 03:46 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.039 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6236 CONGRESSIONAL RECORD — SENATE October 5, 2011 services, necessary to retain early childhood (2) is involved directly in the care, develop- (2) one-half of one percent to make grants educators, recall or rehire former early ment, and education of infants, toddlers, or to the outlying areas for modernization, ren- childhood educators, or hire new early child- young children age five and under; and ovation, and repair activities described in hood educators to provide early learning (3) has completed a baccalaureate or ad- section 226; and services; and vanced degree in early childhood develop- (3) such funds as the Secretary determines (2) obligate those funds no later than Sep- ment or early childhood education, or in a are needed to conduct a survey, by the Na- tember 30, 2013. field related to early childhood education. tional Center for Education Statistics, of the SEC. 209. MAINTENANCE OF EFFORT. (d) The term ‘‘State-funded early learning school construction, modernization, renova- (a) The Secretary shall not allocate funds program’’ means a program that provides tion, and repair needs of the public schools of to a State under this subtitle unless the educational services to children from birth the United States. State provides an assurance to the Secretary to kindergarten entry and receives funding (b) STATE ALLOCATION.—After reserving that— from the State. funds under subsection (a), the Secretary (1) for State fiscal year 2012— SEC. 212. AUTHORIZATION OF APPROPRIATIONS. shall allocate the remaining amount among (A) the State will maintain State support There are authorized to be appropriated, the States in proportion to their respective allocations under part A of title I of the Ele- for early childhood, elementary, and sec- and there are appropriated, $30,000,000,000 to mentary and Secondary Education Act ondary education (in the aggregate or on the carry out this subtitle for fiscal year 2012. (ESEA) (20 U.S.C. 6311 et seq.) for fiscal year basis of expenditure per pupil) and for public Subtitle C—First Responder Stabilization 2011, except that— institutions of higher education (not includ- SEC. 213. PURPOSE. (1) the Secretary shall allocate 40 percent ing support for capital projects or for re- The purpose of this subtitle is to provide of such remaining amount to the 100 local search and development or tuition and fees funds to States and localities to prevent lay- educational agencies with the largest num- paid by students) at not less than the level of offs of, and support the creation of addi- bers of children aged 5–17 living in poverty, such support for each of the two categories tional jobs for, law enforcement officers and as determined using the most recent data for State fiscal year 2011; or other first responders. available from the Department of Commerce (B) the State will maintain State support SEC. 214. GRANT PROGRAM. that are satisfactory to the Secretary, in for early childhood, elementary, and sec- The Attorney General shall carry out a proportion to those agencies’ respective allo- ondary education and for public institutions competitive grant program pursuant to sec- cations under part A of title I of the ESEA of higher education (not including support tion 1701 of title I of the Omnibus Crime Con- for fiscal year 2011; and for capital projects or for research and devel- trol and Safe Streets Act of 1968 (42 U.S.C. (2) the allocation to any State shall be re- opment or tuition and fees paid by students) 3796dd) for hiring, rehiring, or retention of duced by the aggregate amount of the alloca- at a percentage of the total revenues avail- career law enforcement officers under part Q tions under paragraph (1) to local edu- able to the State that is equal to or greater of such title. Grants awarded under this sec- cational agencies in that State. than the percentage provided for State fiscal tion shall not be subject to subsections (g) or (c) REMAINING ALLOCATION.— year 2011; and (i) of section 1701 or to section 1704 of such (1) If a State does not apply for its alloca- (2) for State fiscal year 2013— Act (42 U.S.C. 3796dd–3(c)). tion (or applies for less than the full alloca- (A) the State will maintain State support SEC. 215. APPROPRIATIONS. tion for which it is eligible) or does not use for early childhood, elementary, and sec- There are hereby appropriated to the Com- that allocation in a timely manner, the Sec- ondary education (in the aggregate or on the munity Oriented Policing Stabilization Fund retary may— basis of expenditure per pupil) and for public out of any money in the Treasury not other- (A) reallocate all or a portion of that allo- institutions of higher education (not includ- wise obligated, $5,000,000,000, to remain avail- cation to the other States in accordance ing support for capital projects or for re- able until September 30, 2012, of which with subsection (b); or search and development or tuition and fees $4,000,000,000 shall be for the Attorney Gen- (B) use all or a portion of that allocation paid by students) at not less than the level of eral to carry out the competitive grant pro- to make direct allocations to local edu- such support for each of the two categories gram under Section 214; and of which cational agencies within the State based on for State fiscal year 2012; or $1,000,000,000 shall be transferred by the At- their respective allocations under part A of (B) the State will maintain State support torney General to a First Responder Sta- title I of the ESEA for fiscal year 2011 or for early childhood, elementary, and sec- bilization Fund from which the Secretary of such other method as the Secretary may de- ondary education and for public institutions Homeland Security shall make competitive termine. of higher education (not including support grants for hiring, rehiring, or retention pur- (2) If a local educational agency does not for capital projects or for research and devel- suant to the Federal Fire Prevention and apply for its allocation under subsection opment or tuition and fees paid by students) Control Act of 1974 (15 U.S.C. 2201 et seq.), to (b)(1), applies for less than the full allocation at a percentage of the total revenues avail- carry out section 34 of such Act (15 U.S.C. for which it is eligible, or does not use that able to the State that is equal to or greater 2229a). In making such grants, the Secretary allocation in a timely manner, the Secretary than the percentage provided for State fiscal may grant waivers from the requirements in may reallocate all or a portion of its alloca- year 2012. subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), tion to the State in which that agency is lo- AIVER.—The Secretary may waive the (b) W (c)(1), (c)(2), and (c)(4)(A) of section 34. Of the cated. requirements of this section if the Secretary amounts appropriated herein, not to exceed SEC. 224. STATE USE OF FUNDS. determines that a waiver would be equitable $8,000,000 shall be for administrative costs of (a) RESERVATION.—Each State that re- due to— the Attorney General, and not to exceed ceives a grant under this part may reserve (1) exceptional or uncontrollable cir- $2,000,000 shall be for administrative costs of not more than one percent of the State’s al- cumstances, such as a natural disaster; or the Secretary of Homeland Security. location under section 223(b) for the purpose (2) a precipitous decline in the financial re- Subtitle D—School Modernization of administering the grant, except that no sources of the State. State may reserve more than $750,000 for this PART I—ELEMENTARY AND SECONDARY SEC. 210. REPORTING. purpose. SCHOOLS Each State that receives a grant under this (b) FUNDS TO LOCAL EDUCATIONAL AGEN- subtitle shall submit, on an annual basis, a SEC. 221. PURPOSE. CIES.— report to the Secretary that contains— The purpose of this part is to provide as- (1) FORMULA SUBGRANTS.—From the grant (1) a description of how funds received sistance for the modernization, renovation, funds that are not reserved under subsection under this part were expended or obligated; and repair of elementary and secondary (a), a State shall allocate at least 50 percent and school buildings in public school districts to local educational agencies, including (2) an estimate of the number of jobs sup- across America in order to support the charter schools that are local educational ported by the State using funds received achievement of improved educational out- agencies, that did not receive funds under under this subtitle. comes in those schools. section 223(b)(1) from the Secretary, in ac- SEC. 211. DEFINITIONS. SEC. 222. AUTHORIZATION OF APPROPRIATIONS. cordance with their respective allocations (a) Except as otherwise provided, the terms There are authorized to be appropriated, under part A of title I of the ESEA for fiscal ‘‘local educational agency’’, ‘‘outlying area’’, and there are appropriated, $25,000,000,000 to year 2011, except that no such local edu- ‘‘Secretary’’, ‘‘State’’, and ‘‘State edu- carry out this part, which shall be available cational agency shall receive less than cational agency’’ have the meanings given for obligation by the Secretary until Sep- $10,000. those terms in section 9101 of the Elemen- tember 30, 2012. (2) ADDITIONAL SUBGRANTS.—The State tary and Secondary Education Act of 1965 (20 SEC. 223. ALLOCATION OF FUNDS. shall use any funds remaining, after reserv- U.S.C. 7801). (a) RESERVATIONS.—Of the amount made ing funds under subsection (a) and allocating (b) The term ‘‘State’’ does not include an available to carry out this part, the Sec- funds under paragraph (1), for subgrants to outlying area. retary shall reserve— local educational agencies that did not re- (c) The term ‘‘early childhood educator’’ (1) one-half of one percent for the Sec- ceive funds under section 223(b)(1), including means an individual who— retary of the Interior to carry out mod- charter schools that are local educational (1) works directly with children in a State- ernization, renovation, and repair activities agencies, to support modernization, renova- funded early learning program in a low-in- described in section 226 in schools operated tion, and repair projects that the State de- come community; or funded by the Bureau of Indian Education; termines, using objective criteria, are most

VerDate Mar 15 2010 03:46 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.039 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6237 needed in the State, with priority given to SEC. 226. USE OF FUNDS. cational agencies receiving grants from the projects in rural local educational agencies. (a) IN GENERAL.—Funds awarded to local Secretary under section 223(b)(1), by States (c) REMAINING FUNDS.—If a local edu- educational agencies under this part shall be reserving funds under section 224(a), and by cational agency does not apply for an alloca- used only for either or both of the following local educational agencies receiving sub- tion under subsection (b)(1), applies for less modernization, renovation, or repair activi- grants under section 224(b)(1) only during the than its full allocation, or fails to use that ties in facilities that are used for elementary period that ends 24 months after the date of allocation in a timely manner, the State or secondary education or for early learning enactment of this Act. may reallocate any unused portion to other programs: (b) Funds appropriated under section 222 local educational agencies in accordance (1) Direct payments for school moderniza- shall be available for obligation by local edu- with subsection (b). tion, renovation, and repair. cational agencies receiving subgrants under SEC. 225. STATE AND LOCAL APPLICATIONS. (2) To pay interest on bonds or payments section 224(b)(2) only during the period that (a) STATE APPLICATION.—A State that de- for other financing instruments that are ends 36 months after the date of enactment sires to receive a grant under this part shall newly issued for the purpose of financing of this Act. submit an application to the Secretary at school modernization, renovation, and re- (c) Section 439 of the General Education such time, in such manner, and containing pair. Provisions Act (20 U.S.C. 1232b) shall apply such information and assurances as the Sec- (b) SUPPLEMENT, NOT SUPPLANT.—Funds to funds available under this part. retary may require, which shall include— made available under this part shall be used (d) For purposes of section 223(b)(1), Ha- (1) an identification of the State agency or to supplement, and not supplant, other Fed- waii, the District of Columbia, and the Com- entity that will administer the program; and eral, State, and local funds that would other- monwealth of Puerto Rico are not local edu- (2) the State’s process for determining how wise be expended to modernize, renovate, or cational agencies. the grant funds will be distributed and ad- repair eligible school facilities. PART II—COMMUNITY COLLEGE ministered, including— (c) PROHIBITION.—Funds awarded to local MODERNIZATION (A) how the State will determine the cri- educational agencies under this part may teria and priorities in making subgrants not be used for— SEC. 229. FEDERAL ASSISTANCE FOR COMMU- under section 224(b)(2); (1) new construction; NITY COLLEGE MODERNIZATION. (B) any additional criteria the State will (2) payment of routine maintenance costs; (a) IN GENERAL.— use in determining which projects it will or (1) GRANT PROGRAM.—From the amounts fund under that section; (3) modernization, renovation, or repair of made available under subsection (h), the Sec- (C) a description of how the State will con- stadiums or other facilities primarily used retary shall award grants to States to mod- sider— for athletic contests or exhibitions or other ernize, renovate, or repair existing facilities (i) the needs of local educational agencies events for which admission is charged to the at community colleges. for assistance under this part; general public. (2) ALLOCATION.— (ii) the impact of potential projects on job SEC. 227. PRIVATE SCHOOLS. (A) RESERVATIONS.—Of the amount made creation in the State; (a) IN GENERAL.—Section 9501 of the ESEA available to carry out this section, the Sec- (iii) the fiscal capacity of local educational (20 U.S.C. 7881) shall apply to this part in the retary shall reserve— agencies applying for assistance; same manner as it applies to activities under (i) up to 0.25 percent for grants to institu- (iv) the percentage of children in those that Act, except that— tions that are eligible under section 316 of local educational agencies who are from low- (1) section 9501 shall not apply with respect the Higher Education Act of 1965 (20 U.S.C. income families; and to the title to any real property modernized, 1059c) to provide for modernization, renova- (v) the potential for leveraging assistance renovated, or repaired with assistance pro- tion, and repair activities described in this provided by this program through matching vided under this section; section; and or other financing mechanisms; (2) the term ‘‘services’’, as used in section (ii) up to 0.25 percent for grants to the out- 9501 with respect to funds under this part, (D) a description of how the State will en- lying areas to provide for modernization, shall be provided only to private, nonprofit sure that the local educational agencies re- renovation, and repair activities described in elementary or secondary schools with a rate ceiving subgrants meet the requirements of this section. of child poverty of at least 40 percent and this part; (B) ALLOCATION.—After reserving funds may include only— (E) a description of how the State will en- under subparagraph (A), the Secretary shall (A) modifications of school facilities nec- sure that the State and its local educational allocate to each State that has an applica- essary to meet the standards applicable to agencies meet the deadlines established in tion approved by the Secretary an amount public schools under the Americans with Dis- section 228; that bears the same relation to any remain- abilities Act of 1990 (42 U.S.C. 12101 et seq.); (F) a description of how the State will give ing funds as the total number of students in (B) modifications of school facilities nec- priority to the use of green practices that such State who are enrolled in institutions essary to meet the standards applicable to described in section 230(b)(1)(A) plus the are certified, verified, or consistent with any public schools under section 504 of the Reha- applicable provisions of— number of students who are estimated to be bilitation Act of 1973 (29 U.S.C. 794); and enrolled in and pursuing a degree or certifi- (i) the LEED Green Building Rating Sys- (C) asbestos or polychlorinated biphenyls tem; cate that is not a bachelor’s, master’s, pro- abatement or removal from school facilities; fessional, or other advanced degree in insti- (ii) Energy Star; and (iii) the CHPS Criteria; tutions described in section 230(b)(1)(B), (3) expenditures for services provided using based on the proportion of degrees or certifi- (iv) Green Globes; or funds made available under section 226 shall (v) an equivalent program adopted by the cates awarded by such institutions that are be considered equal for purposes of section not bachelor’s, master’s, professional, or State or another jurisdiction with authority 9501(a)(4) of the ESEA if the per-pupil ex- over the local educational agency; other advanced degrees, as reported to the penditures for services described in para- Integrated Postsecondary Data System bears (G) a description of the steps that the graph (2) for students enrolled in private State will take to ensure that local edu- to the estimated total number of such stu- nonprofit elementary and secondary schools dents in all States, except that no State cational agencies receiving subgrants will that have child-poverty rates of at least 40 shall receive less than $2,500,000. adequately maintain any facilities that are percent are consistent with the per-pupil ex- (C) REALLOCATION.—Amounts not allocated modernized, renovated, or repaired with penditures under this subpart for children under this section to a State because the subgrant funds under this part; and enrolled in the public schools of the local State either did not submit an application (H) such additional information and assur- educational agency receiving funds under under subsection (b), the State submitted an ances as the Secretary may require. this subpart. application that the Secretary determined (b) LOCAL APPLICATION.—A local edu- (b) REMAINING FUNDS.—If the expenditure cational agency that is eligible under section for services described in paragraph (2) is less did not meet the requirements of such sub- 223(b)(1) that desires to receive a grant under than the amount calculated under paragraph section, or the State cannot demonstrate to this part shall submit an application to the (3) because of insufficient need for those the Secretary a sufficient demand for Secretary at such time, in such manner, and services, the remainder shall be available to projects to warrant the full allocation of the containing such information and assurances the local educational agency for moderniza- funds, shall be proportionately reallocated as the Secretary may require, which shall in- tion, renovation, and repair of its school fa- under this paragraph to the other States clude— cilities. that have a demonstrated need for, and are (1) a description of how the local edu- (c) APPLICATION.—If any provision of this receiving, allocations under this section. cational agency will meet the deadlines and section, or the application thereof, to any (D) STATE ADMINISTRATION.—A State that requirements of this part; person or circumstance is judicially deter- receives a grant under this section may use (2) a description of the steps that the local mined to be invalid, the remainder of the not more than one percent of that grant to educational agency will take to adequately section and the application to other persons administer it, except that no State may use maintain any facilities that are modernized, or circumstances shall not be affected there- more than $750,000 of its grant for this pur- renovated, or repaired with funds under this by. pose. part; and SEC. 228. ADDITIONAL PROVISIONS. (3) SUPPLEMENT, NOT SUPPLANT.—Funds (3) such additional information and assur- (a) Funds appropriated under section 222 made available under this section shall be ances as the Secretary may require. shall be available for obligation by local edu- used to supplement, and not supplant, other

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(E) making modifications necessary to receive a grant under this section shall sub- (2) Funds appropriated under this sub- make educational facilities accessible in mit an application to the Secretary at such section shall be available for obligation by compliance with the Americans with Disabil- time, in such manner, and containing such community colleges only during the period ities Act of 1990 (42 U.S.C. 12101 et seq.) and information and assurances as the Secretary that ends 36 months after the date of enact- section 504 of the Rehabilitation Act of 1973 may require. Such application shall include ment of this Act. (29 U.S.C. 794), except that such modifica- a description of— PART III—GENERAL PROVISIONS tions shall not be the primary use of a grant (1) how the funds provided under this sec- or subgrant; tion will improve instruction at community SEC. 230. DEFINITIONS. (a) ESEA TERMS.—Except as otherwise pro- (F) abatement, removal, or interim con- colleges in the State and will improve the trols of asbestos, polychlorinated biphenyls, ability of those colleges to educate and train vided, in this subtitle, the terms ‘‘local edu- cational agency’’, ‘‘Secretary’’, and ‘‘State mold, mildew, or lead-based hazards, includ- students to meet the workforce needs of em- ing lead-based paint hazards; ployers in the State; and educational agency’’ have the meanings given those terms in section 9101 of the Ele- (G) retrofitting necessary to increase en- (2) the projected start of each project and ergy efficiency; the estimated number of persons to be em- mentary and Secondary Education Act of 1965 (20 U.S.C. 7801). (H) measures, such as selection and substi- ployed in the project. tution of products and materials, and imple- (c) PROHIBITED USES OF FUNDS.— (b) ADDITIONAL DEFINITIONS.—The fol- mentation of improved maintenance and (1) IN GENERAL.—No funds awarded under lowing definitions apply to this title: operational procedures, such as ‘‘green this section may be used for— (1) COMMUNITY COLLEGE.—The term ‘‘com- cleaning’’ programs, to reduce or eliminate (i) payment of routine maintenance costs; munity college’’ means— potential student or staff exposure to— (ii) construction, modernization, renova- (A) a junior or community college, as that tion, or repair of stadiums or other facilities term is defined in section 312(f) of the Higher (i) volatile organic compounds; primarily used for athletic contests or exhi- Education Act of 1965 (20 U.S.C. 1058(f)); or (ii) particles such as dust and pollens; or bitions or other events for which admission (B) a four-year public institution of higher (iii) combustion gases; is charged to the general public; or education (as defined in section 101 of the (I) modernization, renovation, or repair (iii) construction, modernization, renova- Higher Education Act of 1965 (20 U.S.C. 1001)) necessary to reduce the consumption of coal, tion, or repair of facilities— that awards a significant number of degrees electricity, land, natural gas, oil, or water; (I) used for sectarian instruction, religious and certificates, as determined by the Sec- (J) installation or upgrading of educational worship, or a school or department of divin- retary, that are not— technology infrastructure; ity; or (i) bachelor’s degrees (or an equivalent); or (K) installation or upgrading of renewable (II) in which a substantial portion of the (ii) master’s, professional, or other ad- energy generation and heating systems, in- functions of the facilities are subsumed in a vanced degrees. cluding solar, photovoltaic, wind, biomass religious mission. (2) CHPS CRITERIA.—The term ‘‘CHPS Cri- (including wood pellet and woody biomass), (2) FOUR-YEAR INSTITUTIONS.—No funds teria’’ means the green building rating pro- waste-to-energy, solar-thermal, and geo- awarded to a four-year public institution of gram developed by the Collaborative for thermal systems, and energy audits; higher education under this section may be High Performance Schools. (L) modernization, renovation, or repair used for any facility, service, or program of (3) ENERGY STAR.—The term ‘‘Energy Star’’ activities related to energy efficiency and re- the institution that is not available to stu- means the Energy Star program of the newable energy, and improvements to build- dents who are pursuing a degree or certifi- United States Department of Energy and the ing infrastructures to accommodate bicycle cate that is not a bachelor’s, master’s, pro- United States Environmental Protection and pedestrian access; fessional, or other advanced degree. Agency. (M) ground improvements, storm water (d) GREEN PROJECTS.—In providing assist- (4) GREEN GLOBES.—The term ‘‘Green management, landscaping and environ- ance to community college projects under Globes’’ means the Green Building Initiative mental clean-up when necessary; this section, the State shall consider the ex- environmental design and rating system re- (N) other modernization, renovation, or re- tent to which a community college’s project ferred to as Green Globes. pair to— involves activities that are certified, (5) LEED GREEN BUILDING RATING SYSTEM.— (i) improve teachers’ ability to teach and verified, or consistent with the applicable The term ‘‘LEED Green Building Rating Sys- students’ ability to learn; provisions of— tem’’ means the United States Green Build- (ii) ensure the health and safety of stu- (1) the LEED Green Building Rating Sys- ing Council Leadership in Energy and Envi- dents and staff; or tem; ronmental Design green building rating (iii) improve classroom, laboratory, and (2) Energy Star; standard referred to as the LEED Green vocational facilities in order to enhance the (3) the CHPS Criteria, as applicable; Building Rating System. quality of science, technology, engineering, (4) Green Globes; or (6) MODERNIZATION, RENOVATION, AND RE- and mathematics instruction; and (5) an equivalent program adopted by the PAIR.—The term ‘‘modernization, renovation (O) required environmental remediation re- State or the State higher education agency and repair’’ means— lated to facilities modernization, renovation, that includes a verifiable method to dem- (A) comprehensive assessments of facilities or repair activities described in subpara- onstrate compliance with such program. to identify— graphs (A) through (L). (e) APPLICATION OF GEPA.—Section 439 of (i) facility conditions or deficiencies that (7) OUTLYING AREA.—The term ‘‘outlying the General Education Provisions Act such could adversely affect student and staff area’’ means the U.S. Virgin Islands, Guam, Act (20 U.S.C. 1232b) shall apply to funds health, safety, performance, or productivity American Samoa, the Commonwealth of the available under this subtitle. or energy, water, or materials efficiency; and Northern Mariana Islands, and the Republic (f) REPORTS BY THE STATES.—Each State (ii) needed facility improvements; of Palau. that receives a grant under this section (B) repairing, replacing, or installing roofs (8) STATE.—The term ‘‘State’’ means each shall, not later than September 30, 2012, and of the 50 States of the United States, the annually thereafter for each fiscal year in (which may be extensive, intensive, or semi- intensive ‘‘green’’ roofs); electrical wiring; Commonwealth of Puerto Rico, and the Dis- which the State expends funds received trict of Columbia. under this section, submit to the Secretary a water supply and plumbing systems, sewage SEC. 231. BUY AMERICAN. report that includes— systems, storm water runoff systems, light- Section 1605 of division A of the American (1) a description of the projects for which ing systems (or components of such sys- Recovery and Reinvestment Act of 2009 (Pub- the grant was, or will be, used; tems); or building envelope, windows, ceil- lic Law 111–5) applies to funds made avail- (2) a description of the amount and nature ings, flooring, or doors, including security able under this title. of the assistance provided to each commu- doors; nity college under this section; and (C) repairing, replacing, or installing heat- Subtitle E—Immediate Transportation (3) the number of jobs created by the ing, ventilation, or air conditioning systems, Infrastrucure Investments projects funded under this section. or components of those systems (including SEC. 241. IMMEDIATE TRANSPORTATION INFRA- (g) REPORT BY THE SECRETARY.—The Sec- insulation), including by conducting indoor STRUCTURE INVESTMENTS. retary shall submit to the authorizing com- air quality assessments; (a) GRANTS-IN-AID FOR AIRPORTS.— mittees (as defined in section 103 of the High- (D) compliance with fire, health, seismic, (1) IN GENERAL.—There is made available to er Education Act of 1965; 20 U.S.C. 1003) an and safety codes, including professional in- the Secretary of Transportation $2,000,000,000 annual report on the grants made under this stallation of fire and life safety alarms, and to carry out airport improvement under sub- section, including the information described modernizations, renovations, and repairs chapter I of chapter 471 and subchapter I of in subsection (f). that ensure that facilities are prepared for chapter 475 of title 49, United States Code. (h) AVAILABILITY OF FUNDS.— such emergencies as acts of terrorism, cam- (2) FEDERAL SHARE; LIMITATION ON OBLIGA- (1) There are authorized to be appro- pus violence, and natural disasters, such as TIONS.—The Federal share payable of the priated, and there are appropriated, to carry improving building infrastructure to accom- costs for which a grant is made under this

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subsection, shall be 100 percent. The amount (5) APPORTIONMENT.—Apportionments reservations and Federal lands, the Sec- made available under this subsection shall under paragraph (4) shall be made not later retary shall have the authority to redis- not be subject to any limitation on obliga- than 30 days after the date of the enactment tribute unobligated funds within the respec- tions for the Grants-In-Aid for Airports pro- of this Act. tive program for which the funds were appro- gram set forth in any Act or in title 49, (6) REDISTRIBUTION.— priated. United States Code. (A) The Secretary shall, 180 days following (D) Up to four percent of the funding pro- (3) DISTRIBUTION OF FUNDS.—Funds pro- the date of apportionment, withdraw from vided for Indian Reservation Roads may be vided to the Secretary under this subsection each State an amount equal to 50 percent of used by the Secretary of the Interior for pro- shall not be subject to apportionment for- the funds apportioned under paragraph (4) to gram management and oversight and mulas, special apportionment categories, or that State (excluding funds suballocated project-related administrative expenses. minimum percentages under chapter 471 of within the State) less the amount of funding (E) Section 134(f)(3)(C)(ii)(II) of title 23, such title. obligated (excluding funds suballocated United States Code, shall not apply to funds (4) AVAILABILITY.—The amounts made within the State), and the Secretary shall re- set aside by this paragraph. available under this subsection shall be distribute such amounts to other States that (11) JOB TRAINING.—Of the funds provided available for obligation until the date that is have had no funds withdrawn under this sub- under this subsection, $50,000,000 shall be set two years after the date of the enactment of paragraph in the manner described in section aside for the development and administra- this Act. The Secretary shall obligate 120(c) of division A of Public Law 111–117. tion of transportation training programs amounts totaling not less than 50 percent of (B) One year following the date of appor- under section 140(b) title 23, United States the funds made available within one year of tionment, the Secretary shall withdraw from Code. enactment and obligate remaining amounts each recipient of funds apportioned under (A) Funds set aside under this subsection not later than two years after enactment. paragraph (4) any unobligated funds, and the shall be competitively awarded and used for (5) ADMINISTRATIVE EXPENSES.—Of the Secretary shall redistribute such amounts to the purpose of providing training, appren- funds made available under this subsection, States that have had no funds withdrawn ticeship (including Registered Apprentice- 0.3 percent shall be available to the Sec- under this paragraph (excluding funds sub- ship), skill development, and skill improve- retary for administrative expenses, shall re- allocated within the State) in the manner ment programs, as well as summer transpor- main available for obligation until Sep- described in section 120(c) of division A of tation institutes and may be transferred to, tember 30, 2015, and may be used in conjunc- Public Law 111–117. or administered in partnership with, the Sec- tion with funds otherwise provided for the (C) At the request of a State, the Secretary retary of Labor and shall demonstrate to the administration of the Grants-In-Aid for Air- may provide an extension of the one-year pe- Secretary of Transportation program out- ports program. riod only to the extent that the Secretary comes, including— (b) NEXT GENERATION AIR TRAFFIC CONTROL determines that the State has encountered (i) impact on areas with transportation ADVANCEMENTS.— extreme conditions that create an unwork- workforce shortages; (1) IN GENERAL.—There is made available to able bidding environment or other extenu- (ii) diversity of training participants; the Secretary of Transportation $1,000,000,000 ating circumstances. Before granting an ex- (iii) number of participants obtaining cer- for necessary Federal Aviation Administra- tension, the Secretary notify in writing the tifications or credentials required for spe- tion capital, research and operating costs to Committee on Transportation and Infra- cific types of employment; carry out Next Generation air traffic control structure and the Committee on Environ- (iv) employment outcome metrics, such as system advancements. ment and Public Works, providing a thor- job placement and job retention rates, estab- (2) AVAILABILITY.—The amounts made ough justification for the extension. lished in consultation with the Secretary of available under this subsection shall be (7) TRANSPORTATION ENHANCEMENTS.—Three Labor and consistent with metrics used by available for obligation until the date that is percent of the funds apportioned to a State programs under the Workforce Investment two years after the date of the enactment of under paragraph (4) shall be set aside for the Act; this Act. purposes described in section 133(d)(2) of title (v) to the extent practical, evidence that (c) HIGHWAY INFRASTRUCTURE INVEST- 23, United States Code (without regard to the the program did not preclude workers that MENT.— comparison to fiscal year 2005). participate in training or apprenticeship ac- (1) IN GENERAL.—There is made available to (8) SUBALLOCATION.—Thirty percent of the tivities under the program from being re- the Secretary of Transportation funds apportioned to a State under this sub- ferred to, or hired on, projects funded under $27,000,000,000 for restoration, repair, con- section shall be suballocated within the this chapter; and struction and other activities eligible under State in the manner and for the purposes de- (vi) identification of areas of collaboration section 133(b) of title 23, United States Code, scribed in the first sentence of sections with the Department of Labor programs, in- and for passenger and freight rail transpor- 133(d)(3)(A), 133(d)(3)(B), and 133(d)(3)(D) of cluding co-enrollment. tation and port infrastructure projects eligi- title 23, United States Code. Such suballoca- (B) To be eligible to receive a competi- ble for assistance under section 601(a)(8) of tion shall be conducted in every State. tively awarded grant under this subsection, a title 23. Funds suballocated within a State to urban- State must certify that at least 0.1 percent (2) FEDERAL SHARE; LIMITATION ON OBLIGA- ized areas and other areas shall not be sub- of the amounts apportioned under the Sur- TIONS.—The Federal share payable on ac- ject to the redistribution of amounts re- face Transportation Program and Bridge count of any project or activity carried out quired 180 days following the date of appor- Program will be obligated in the first fiscal with funds made available under this sub- tionment of funds provided by paragraph year after enactment of this Act for job section shall be, at the option of the recipi- (6)(A). training activities consistent with section ent, up to 100 percent of the total cost there- (9) PUERTO RICO AND TERRITORIAL HIGHWAY 140(b) of title 23, United States Code. of. The amount made available under this PROGRAMS.—Of the funds provided under this (12) DISADVANTAGED BUSINESS ENTER- subsection shall not be subject to any limita- subsection, $105,000,000 shall be set aside for PRISES.—Of the funds provided under this tion on obligations for Federal-aid highways the Puerto Rico highway program authorized subsection, $10,000,000 shall be set aside for and highway safety construction programs under section 165 of title 23, United States training programs and assistance programs set forth in any Act or in title 23, United Code, and $45,000,000 shall be for the terri- under section 140(c) of title 23, United States States Code. torial highway program authorized under Code. Funds set aside under this paragraph (3) AVAILABILITY.—The amounts made section 215 of title 23, United States Code. should be allocated to businesses that have available under this subsection shall be (10) FEDERAL LANDS AND INDIAN RESERVA- proven success in adding staff while effec- available for obligation until the date that is TIONS.—Of the funds provided under this sub- tively completing projects. two years after the date of the enactment of section, $550,000,000 shall be set aside for in- (13) STATE PLANNING AND OVERSIGHT EX- this Act. The Secretary shall obligate vestments in transportation at Indian res- PENSES.—Of amounts apportioned under amounts totaling not less than 50 percent of ervations and Federal lands in accordance paragraph (4) of this subsection, a State may the funds made available within one year of with the following: use up to 0.5 percent for activities related to enactment and obligate remaining amounts (A) Of the funds set aside by this para- projects funded under this subsection, in- not later than two years after enactment. graph, $310,000,000 shall be for the Indian Res- cluding activities eligible under sections 134 (4) DISTRIBUTION OF FUNDS.—Of the funds ervation Roads program, $170,000,000 shall be and 135 of title 23, United States Code, State provided in this subsection, after making the for the Park Roads and Parkways program, administration of subgrants, and State over- set-asides required by paragraphs (9), (10), $60,000,000 shall be for the Forest Highway sight of subrecipients. (11), (12), and (15), 50 percent of the funds Program, and $10,000,000 shall be for the Ref- (14) CONDITIONS.— shall be apportioned to States using the for- uge Roads program. (A) Funds made available under this sub- mula set forth in section 104(b)(3) of title 23, (B) For investments at Indian reservations section shall be administered as if appor- United States Code, and the remaining funds and Federal lands, priority shall be given to tioned under chapter 1 of title 23, United shall be apportioned to States in the same capital investments, and to projects and ac- States Code, except for funds made available ratio as the obligation limitation for fiscal tivities that can be completed within 2 years for investments in transportation at Indian year 2010 was distributed among the States of enactment of this Act. reservations and Federal lands, and for the in accordance with the formula specified in (C) One year following the enactment of territorial highway program, which shall be section 120(a)(6) of division A of Public Law this Act, to ensure the prompt use of the administered in accordance with chapter 2 of 111–117. funding provided for investments at Indian title 23, United States Code, and except for

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ROAD PASSENGER CORPORATION.— Code, and apportion such funds in accord- (C) Funding provided under this subsection (1) IN GENERAL.—There is made available ance with section 5336 of such title; shall be in addition to any and all funds pro- $2,000,000,000 to enable the Secretary of (B) provide 10 percent of the funds appro- vided for fiscal years 2011 and 2012 in any Transportation to make capital grants to priated under this subsection in accordance other Act for ‘‘Federal-aid Highways’’ and the National Railroad Passenger Corporation with section 5340 of such title; and shall not affect the distribution of funds pro- (Amtrak), as authorized by section 101(c) of (C) provide 10 percent of the funds appro- vided for ‘‘Federal-aid Highways’’ in any the Passenger Rail Investment and Improve- priated under this subsection for grants other Act. ment Act of 2008 (Public Law 110–432). under section 5311 of title 49, United States (D) Section 1101(b) of Public Law 109–59 (2) AVAILABILITY.—The amounts made Code, and apportion such funds in accord- shall apply to funds apportioned under this available under this subsection shall be ance with such section. subsection. available for obligation until the date that is (5) APPORTIONMENT.—The funds appor- (15) OVERSIGHT.—The Administrator of the two years after the date of the enactment of tioned under this subsection shall be appor- Federal Highway Administration may set this Act. The Secretary shall obligate tioned not later than 21 days after the date aside up to 0.15 percent of the funds provided amounts totaling not less than 50 percent of of the enactment of this Act. under this subsection to fund the oversight the funds made available within one year of (6) REDISTRIBUTION.— by the Administrator of projects and activi- enactment and obligate remaining amounts (A) The Secretary shall, 180 days following ties carried out with funds made available to not later than two years after enactment. the date of apportionment, withdraw from the Federal Highway Administration in this (3) PROJECT PRIORITY.—The priority for the each urbanized area or State an amount Act, and such funds shall be available use of funds shall be given to projects for the equal to 50 percent of the funds apportioned through September 30, 2015. repair, rehabilitation, or upgrade of railroad to such urbanized areas or States less the (d) CAPITAL ASSISTANCE FOR HIGH-SPEED assets or infrastructure, and for capital amount of funding obligated, and the Sec- RAIL CORRIDORS AND INTERCITY PASSENGER projects that expand passenger rail capacity retary shall redistribute such amounts to RAIL SERVICE.— including the rehabilitation of rolling stock. other urbanized areas or States that have (1) IN GENERAL.—There is made available to (4) CONDITIONS.— had no funds withdrawn under this proviso the Secretary of Transportation $4,000,000,000 (A) None of the funds under this subsection utilizing whatever method he deems appro- for grants for high-speed rail projects as au- shall be used to subsidize the operating priate to ensure that all funds redistributed thorized under sections 26104 and 26106 of losses of Amtrak. under this proviso shall be utilized promptly. title 49, United States Code, capital invest- (B) The funds provided under this sub- (B) One year following the date of appor- ment grants to support intercity passenger section shall be awarded not later than 90 tionment, the Secretary shall withdraw from rail service as authorized under section 24406 days after the date of enactment of this Act. each urbanized area or State any unobli- of title 49, United States Code, and conges- (C) The Secretary shall take measures to gated funds, and the Secretary shall redis- tion grants as authorized under section 24105 ensure that projects funded under this sub- tribute such amounts to other urbanized of title 49, United States Code, and to enter section shall be completed within 2 years of areas or States that have had no funds with- into cooperative agreements for these pur- enactment of this Act, and shall serve to drawn under this proviso utilizing whatever poses as authorized, except that the Admin- supplement and not supplant planned ex- method the Secretary deems appropriate to istrator of the Federal Railroad Administra- penditures for such activities from other ensure that all funds redistributed under this tion may retain up to one percent of the Federal, State, local and corporate sources. proviso shall be utilized promptly. funds provided under this heading to fund The Secretary shall certify to the House and (C) At the request of an urbanized area or the award and oversight by the Adminis- Senate Committees on Appropriations in State, the Secretary of Transportation may trator of grants made under this subsection, writing compliance with the preceding sen- provide an extension of such 1-year period if which retained amount shall remain avail- tence. the Secretary determines that the urbanized able for obligation until September 30, 2015. (5) OVERSIGHT.—The Administrator of the area or State has encountered an unwork- (2) AVAILABILITY.—The amounts made Federal Railroad Administration may set able bidding environment or other extenu- available under this subsection shall be aside 0.5 percent of the funds provided under ating circumstances. Before granting an ex- available for obligation until the date that is this subsection to fund the oversight by the tension, the Secretary shall notify in writing two years after the date of the enactment of Administrator of projects and activities car- the Committee on Transportation and Infra- this Act. The Secretary shall obligate ried out with funds made available in this structure and the Committee on Banking, amounts totaling not less than 50 percent of subsection, and such funds shall be available Housing and Urban Affairs, providing a thor- the funds made available within one year of through September 30, 2015. ough justification for the extension. enactment and obligate remaining amounts (f) TRANSIT CAPITAL ASSISTANCE.— (7) CONDITIONS.— not later than two years after enactment. (1) IN GENERAL.—There is made available to (A) Of the funds provided for section 5311 of (3) FEDERAL SHARE.—The Federal share the Secretary of Transportation $3,000,000,000 title 49, United States Code, 2.5 percent shall payable of the costs for which a grant or co- for grants for transit capital assistance be made available for section 5311(c)(1). operative agreements is made under this sub- grants as defined by section 5302(a)(1) of title (B) Section 1101(b) of Public Law 109–59 section shall be, at the option of the recipi- 49, United States Code. Notwithstanding any shall apply to funds appropriated under this ent, up to 100 percent. provision of chapter 53 of title 49, however, a subsection. (4) INTERIM GUIDANCE.—The Secretary shall recipient of funding under this subsection (C) The funds appropriated under this sub- issue interim guidance to applicants cov- may use up to 10 percent of the amount pro- section shall not be comingled with any ering application procedures and administer vided for the operating costs of equipment prior year funds. the grants provided under this subsection and facilities for use in public transportation (8) OVERSIGHT.—Notwithstanding any other pursuant to that guidance until final regula- or for other eligible activities. provision of law, 0.3 percent of the funds pro- tions are issued. (2) FEDERAL SHARE; LIMTATION ON OBLIGA- vided for grants under section 5307 and sec- (5) INTERCITY PASSENGER RAIL CORRIDORS.— TIONS.—The applicable requirements of chap- tion 5340, and 0.3 percent of the funds pro- Not less than 85 percent of the funds pro- ter 53 of title 49, United States Code, shall vided for grants under section 5311, shall be vided under this subsection shall be for coop- apply to funding provided under this sub- available for administrative expenses and erative agreements that lead to the develop- section, except that the Federal share of the program management oversight, and such ment of entire segments or phases of inter- costs for which any grant is made under this funds shall be available through September city or high-speed rail corridors. subsection shall be, at the option of the re- 30, 2015. (6) CONDITIONS.— cipient, up to 100 percent. The amount made (g) STATE OF GOOD REPAIR.— (A) In addition to the provisions of title 49, available under this subsection shall not be (1) IN GENERAL.—There is made available to United States Code, that apply to each of the subject to any limitation on obligations for the Secretary of Transportation $6,000,000,000 individual programs funded under this sub- transit programs set forth in any Act or for capital expenditures as authorized by sec- section, subsections 24402(a)(2), 24402(i), and chapter 53 of title 49. tions 5309(b) (2) and (3) of title 49, United 24403 (a) and (c) of title 49, United States (3) AVAILABILITY.—The amounts made States Code. Code, shall also apply to the provision of available under this subsection shall be (2) FEDERAL SHARE.—The applicable re- funds provided under this subsection. available for obligation until the date that is quirements of chapter 53 of title 49, United (B) A project need not be in a State rail two years after the date of the enactment of States Code, shall apply, except that the plan developed under Chapter 227 of title 49, this Act. The Secretary shall obligate Federal share of the costs for which a grant United States Code, to be eligible for assist- amounts totaling not less than 50 percent of is made under this subsection shall be, at the ance under this subsection. the funds made available within one year of option of the recipient, up to 100 percent.

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

VerDate Mar 15 2010 03:46 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.040 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6242 CONGRESSIONAL RECORD — SENATE October 5, 2011 (4) according to the World Bank’s 2010 Lo- cant private sector investment, create jobs, by a vote of not fewer than 5 of the voting gistic Performance Index, the capacity of and ensure United States competitiveness members of the Board of Directors. countries to efficiently move goods and con- through an institution that limits the need (10) INVESTMENT PROSPECTUS.— nect manufacturers and consumers with for ongoing Federal funding. (A) The term ‘‘investment prospectus’’ international markets is improving around SEC. 244. DEFINITIONS. means the processes and publications de- the world, and the United States now ranks For purposes of this Act, the following scribed below that will guide the priorities seventh in the world in logistics-related in- definitions shall apply: and strategic focus for the Bank’s invest- frastructure behind countries from both Eu- (1) AIFA.—The term ‘‘AIFA’’ means the ments. The investment prospectus shall fol- rope and Asia; American Infrastructure Financing Author- low rulemaking procedures under section 553 (5) according to a January 2009 report from ity established under this Act. of title 5, United States Code. the University of Massachusetts/Alliance for (B) The Bank shall publish a detailed de- (2) BLIND TRUST.—The term ‘‘blind trust’’ American Manufacturing entitled ‘‘Employ- means a trust in which the beneficiary has scription of its strategy in an Investment ment, Productivity and Growth,’’ infrastruc- no knowledge of the specific holdings and no Prospectus within one year of the enactment ture investment is a ‘‘highly effective engine rights over how those holdings are managed of this subchapter. The Investment Pro- of job creation’’; by the fiduciary of the trust prior to the dis- spectus shall— (6) according to the American Society of solution of the trust. (i) specify what the Bank shall consider Civil Engineers, the current condition of the significant to the economic competitiveness (3) BOARD OF DIRECTORS.—The term ‘‘Board infrastructure in the United States earns a of the United States or a region thereof in a of Directors’’ means Board of Directors of grade point average of D, and an estimated manner consistent with the primary objec- AIFA. $2,200,000,000,000 investment is needed over tive; (4) CHAIRPERSON.—The term ‘‘Chairperson’’ the next 5 years to bring American infra- (ii) specify the priorities and strategic means the Chairperson of the Board of Direc- structure up to adequate condition; focus of the Bank in forwarding its strategic tors of AIFA. (7) according to the National Surface objectives and carrying out the Bank strat- (5) CHIEF EXECUTIVE OFFICER.—The term Transportation Policy and Revenue Study egy; ‘‘chief executive officer’’ means the chief ex- Commission, $225,000,000,000 is needed annu- (iii) specify the priorities and strategic ecutive officer of AIFA, appointed under sec- ally from all sources for the next 50 years to focus of the Bank in promoting greater effi- upgrade the United States surface transpor- tion 247. ciency in the movement of freight; tation system to a state of good repair and (6) COST.—The term ‘‘cost’’ has the same (iv) specify the priorities and strategic create a more advanced system; meaning as in section 502 of the Federal focus of the Bank in promoting the use of in- (8) the current infrastructure financing Credit Reform Act of 1990 (2 U.S.C. 661a). novation and best practices in the planning, mechanisms of the United States, both on (7) DIRECT LOAN.—The term ‘‘direct loan’’ design, development and delivery of projects; the Federal and State level, will fail to meet has the same meaning as in section 502 of the (v) describe in detail the framework and current and foreseeable demands and will Federal Credit Reform Act of 1990 (2 U.S.C. methodology for calculating application create large funding gaps; 661a). qualification scores and associated ranges as (9) published reports state that there may (8) ELIGIBLE ENTITY.—The term ‘‘eligible specified in this subchapter, along with the not be enough demand for municipal bonds entity’’ means an individual, corporation, data to be requested from applicants and the to maintain the same level of borrowing at partnership (including a public-private part- mechanics of calculations to be applied to the same rates, resulting in significantly de- nership), joint venture, trust, State, or other that data to determine qualification scores creased infrastructure investment at the non-Federal governmental entity, including and ranges; State and local level; a political subdivision or any other instru- (vi) describe how selection criteria will be (10) current funding mechanisms are not mentality of a State, or a revolving fund. applied by the Chief Executive Officer in de- readily scalable and do not— (9) INFRASTRUCTURE PROJECT.— termining the competitiveness of an applica- (A) serve large in-State or cross jurisdic- (A) IN GENERAL.—The term ‘‘eligible infra- tion and its qualification score and range tion infrastructure projects, projects of re- structure project’’ means any non-Federal relative to other current applications and gional or national significance, or projects transportation, water, or energy infrastruc- previously funded applications; and that cross sector silos; ture project, or an aggregation of such infra- (vii) describe how the qualification score (B) sufficiently catalyze private sector in- structure projects, as provided in this Act. and range methodology and project selection vestment; or (B) TRANSPORTATION INFRASTRUCTURE framework are consistent with maximizing (C) ensure the optimal return on public re- PROJECT.—The term ‘‘transportation infra- the Bank goals in both urban and rural sources; structure project’’ means the construction, areas. (11) although grant programs of the United alteration, or repair, including the facilita- (C) The Investment Prospectus and any States Government must continue to play a tion of intermodal transit, of the following subsequent updates thereto shall be approved central role in financing the transportation, subsectors: by a majority vote of the Board of Directors environment, and energy infrastructure (i) Highway or road. prior to publication. needs of the United States, current and fore- (ii) Bridge. (D) The Bank shall update the Investment seeable demands on existing Federal, State, (iii) Mass transit. Prospectus on every biennial anniversary of and local funding for infrastructure expan- (iv) Inland waterways. its original publication. sion clearly exceed the resources to support (v) Commercial ports. (11) INVESTMENT-GRADE RATING.—The term these programs by margins wide enough to (vi) Airports. ‘‘investment-grade rating’’ means a rating of prompt serious concerns about the United (vii) Air traffic control systems. BBB minus, Baa3, or higher assigned to an States ability to sustain long-term economic (viii) Passenger rail, including high-speed infrastructure project by a ratings agency. development, productivity, and inter- rail. (12) LOAN GUARANTEE.—The term ‘‘loan national competitiveness; (ix) Freight rail systems. guarantee’’ has the same meaning as in sec- (12) the capital markets, including pension (C) WATER INFRASTRUCTURE PROJECT.—The tion 502 of the Federal Credit Reform Act of funds, private equity funds, mutual funds, term ‘‘water infrastructure project’’ means 1990 (2 U.S.C. 661a). sovereign wealth funds, and other investors, the construction, consolidation, alteration, (13) PUBLIC-PRIVATE PARTNERSHIP.—The have a growing interest in infrastructure in- or repair of the following subsectors: term ‘‘public-private partnership’’ means vestment and represent hundreds of billions (i) Waterwaste treatment facility. any eligible entity— of dollars of potential investment; and (ii) Storm water management system. (A)(i) which is undertaking the develop- (13) the establishment of a United States (iii) Dam. ment of all or part of an infrastructure Government-owned, independent, profes- (iv) Solid waste disposal facility. project that will have a public benefit, pur- sionally managed institution that could pro- (v) Drinking water treatment facility. suant to requirements established in one or vide credit support to qualified infrastruc- (vi) Levee. more contracts between the entity and a ture projects of regional and national signifi- (vii) Open space management system. State or an instrumentality of a State; or cance, making transparent merit-based in- (D) ENERGY INFRASTRUCTURE PROJECT.—The (ii) the activities of which, with respect to vestment decisions based on the commercial term ‘‘energy infrastructure project’’ means such an infrastructure project, are subject to viability of infrastructure projects, would the construction, alteration, or repair of the regulation by a State or any instrumentality catalyze the participation of significant pri- following subsectors: of a State; vate investment capital. (i) Pollution reduced energy generation. (B) which owns, leases, or operates or will (b) PURPOSE.—The purpose of this Act is to (ii) Transmission and distribution. own, lease, or operate, the project in whole facilitate investment in, and long-term fi- (iii) Storage. or in part; and nancing of, economically viable infrastruc- (iv) Energy efficiency enhancements for (C) the participants in which include not ture projects of regional or national signifi- buildings, including public and commercial fewer than 1 nongovernmental entity with cance in a manner that both complements buildings. significant investment and some control existing Federal, State, local, and private (E) BOARD AUTHORITY TO MODIFY SUBSEC- over the project or project vehicle. funding sources for these projects and intro- TORS.—The Board of Directors may make (14) RURAL INFRASTRUCTURE PROJECT.—The duces a merit-based system for financing modifications, at the discretion of the Board, term ‘‘rural infrastructure project’’ means such projects, in order to mobilize signifi- to the subsectors described in this paragraph an infrastructure project in a rural area, as

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

VerDate Mar 15 2010 03:46 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.040 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6244 CONGRESSIONAL RECORD — SENATE October 5, 2011 (C) assessing and recommending in the (E) approve or disapprove a multi-year or poses of this Act and terms set forth in title first instance, for ultimate approval or dis- 1-year business plan and budget for AIFA; II; approval by the Board of Directors, com- (3) ensure that AIFA is at all times oper- (F) to exercise all other lawful powers pensation and adjustments to compensation ated in a manner that is consistent with this which are necessary or appropriate to carry of senior management and other personnel of Act, by— out, and are consistent with, the purposes of AIFA as may be necessary for carrying out (A) monitoring and assessing the effective- AIFA; the functions of AIFA; ness of AIFA in achieving its strategic goals; (G) to sue or be sued in the corporate ca- (D) ensuring, in conjunction with the gen- (B) periodically reviewing internal poli- pacity of AIFA in any court of competent ju- eral counsel of AIFA, that all activities of cies; risdiction; AIFA are carried out in compliance with ap- (C) reviewing and approving annual busi- (H) to indemnify the members of the Board plicable law; ness plans, annual budgets, and long-term of Directors and officers of AIFA for any li- (E) overseeing the involvement of AIFA in strategies submitted by the chief executive abilities arising out of the actions of the all projects, including— officer; members and officers in such capacity, in ac- (i) developing eligible projects for AIFA fi- (D) reviewing and approving annual reports cordance with, and subject to the limitations nancial assistance; submitted by the chief executive officer; contained in this Act; (ii) determining the terms and conditions (E) engaging one or more external audi- (I) to review all financial assistance pack- of all financial assistance packages; tors, as set forth in this Act; and ages to all eligible infrastructure projects, as (iii) monitoring all infrastructure projects (F) reviewing and approving all changes to submitted by the chief executive officer and assisted by AIFA, including responsibility the organization of senior management; to approve, postpone, or deny the same by for ensuring that the proceeds of any loan (4) appoint and fix, by a vote of 5 of the 7 majority vote; made, guaranteed, or participated in are voting members of the Board of Directors, (J) to review all restructuring proposals used only for the purposes for which the loan and without regard to the provisions of chap- submitted by the chief executive officer, in- or guarantee was made; ter 51 or subchapter III of chapter 53 of title cluding assignation, pledging, or disposal of (iv) preparing and submitting for approval 5, United States Code, the compensation and the interest of AIFA in a project, including by the Board of Directors the documents re- payment or income from any interest owned quired under paragraph (1); and adjustments to compensation of all AIFA personnel, provided that in appointing and or held by AIFA, and to approve, postpone, (v) ensuring the implementation of deci- or deny the same by majority vote; and sions of the Board of Directors; and fixing any compensation or adjustments to compensation under this paragraph, the (K) to enter into binding commitments, as (F) such other activities as may be nec- specified in approved financial assistance essary or appropriate in carrying out this Board shall— (A) consult with, and seek to maintain packages; Act. (9) delegate to the chief executive officer (e) COMPENSATION.— comparability with, other comparable Fed- those duties that the Board of Directors (1) IN GENERAL.—Any compensation assess- eral personnel; deems appropriate, to better carry out the ment or recommendation by the chief execu- (B) consult with the Office of Personnel powers and purposes of the Board of Direc- tive officer under this section shall be with- Management; and tors under this section; and out regard to the provisions of chapter 51 or (C) carry out such duties consistent with (10) to approve a maximum aggregate subchapter III of chapter 53 of title 5, United merit principles, where applicable, as well as amount of outstanding obligations of AIFA States Code. the education, experience, level of responsi- at any given time, taking into consideration (2) CONSIDERATIONS.—The compensation as- bility, geographic differences, and retention sessment or recommendation required under and recruitment needs in determining com- funding, and the size of AIFA’s addressable this subsection shall take into account merit pensation of personnel; market for infrastructure projects. principles, where applicable, as well as the (5) establish such other criteria, require- SEC. 249. SENIOR MANAGEMENT. education, experience, level of responsibility, ments, or procedures as the Board of Direc- (a) IN GENERAL.—Senior management shall geographic differences, and retention and re- tors may consider to be appropriate in car- support the chief executive officer in the dis- cruitment needs in determining compensa- rying out this Act; charge of the responsibilities of the chief ex- tion of personnel. (6) serve as the primary liaison for AIFA in ecutive officer. (b) APPOINTMENT OF SENIOR MANAGE- SEC. 248. POWERS AND DUTIES OF THE BOARD interactions with Congress, the Executive MENT.—The chief executive officer shall ap- OF DIRECTORS. Branch, and State and local governments, The Board of Directors shall— and to represent the interests of AIFA in point such senior managers as are necessary to carry out the purpose of AIFA, as ap- (1) as soon as is practicable after the date such interactions and others; proved by a majority vote of the voting on which all members are appointed, approve (7) approve by a vote of 5 of the 7 voting members of the Board of Directors. or disapprove senior management appointed members of the Board of Directors any (c) TERM.—Each member of senior manage- by the chief executive officer; changes to the bylaws or internal policies of ment shall serve at the pleasure of the chief (2) not later than 180 days after the date on AIFA; executive officer and the Board of Directors. which all members are appointed— (8) have the authority and responsibility— (d) REMOVAL OF SENIOR MANAGEMENT.— (A) develop and approve the bylaws of (A) to oversee entering into and carry out Any member of senior management may be AIFA, including bylaws for the regulation of such contracts, leases, cooperative agree- removed, either by a majority of the voting the affairs and conduct of the business of ments, or other transactions as are nec- members of the Board of Directors upon re- AIFA, consistent with the purpose, goals, ob- essary to carry out this Act with— quest by the chief executive officer, or other- jectives, and policies set forth in this Act; (i) any Federal department or agency; wise by vote of not fewer than 5 voting mem- (B) establish subcommittees, including an (ii) any State, territory, or possession (or bers of the Board of Directors. audit committee that is composed solely of any political subdivision thereof, including (e) SENIOR MANAGEMENT.— members of the Board of Directors who are State infrastructure banks) of the United (1) IN GENERAL.—Each member of senior independent of the senior management of States; and management shall report directly to the AIFA; (iii) any individual, public-private partner- chief executive officer, other than the Chief (C) develop and approve, in consultation ship, firm, association, or corporation; Risk Officer, who shall report directly to the with senior management, a conflict-of-inter- (B) to approve of the acquisition, lease, Board of Directors. est policy for the Board of Directors and for pledge, exchange, and disposal of real and (2) DUTIES AND RESPONSIBILITIES.— senior management; personal property by AIFA and otherwise ap- (A) CHIEF FINANCIAL OFFICER.—The Chief (D) approve or disapprove internal policies prove the exercise by AIFA of all of the Financial Officer shall be responsible for all that the chief executive officer shall submit usual incidents of ownership of property, to financial functions of AIFA, provided that, to the Board of Directors, including— the extent that the exercise of such powers is at the discretion of the Board of Directors, (i) policies regarding the loan application appropriate to and consistent with the pur- specific functions of the Chief Financial Offi- and approval process, including— poses of AIFA; cer may be delegated externally. (I) disclosure and application procedures to (C) to determine the character of, and the (B) CHIEF RISK OFFICER.—The Chief Risk be followed by entities in the course of nomi- necessity for, the obligations and expendi- Officer shall be responsible for all functions nating infrastructure projects for assistance tures of AIFA, and the manner in which the of AIFA relating to— under this Act; obligations and expenditures will be in- (i) the creation of financial, credit, and (II) guidelines for the selection and ap- curred, allowed, and paid, subject to this Act operational risk management guidelines and proval of projects; and other Federal law specifically applicable policies; (III) specific criteria for determining eligi- to wholly owned Federal corporations; (ii) credit analysis for infrastructure bility for project selection, consistent with (D) to execute, in accordance with applica- projects; title II; and ble bylaws and regulations, appropriate in- (iii) the creation of conforming standards (IV) standardized terms and conditions, fee struments; for infrastructure finance agreements; schedules, or legal requirements of a con- (E) to approve other forms of credit en- (iv) the monitoring of the financial, credit, tract or program, so as to carry out this Act; hancement that AIFA may provide to eligi- and operational exposure of AIFA; and and ble projects, as long as the forms of credit (v) risk management and mitigation ac- (ii) operational guidelines; and enhancements are consistent with the pur- tions, including by reporting such actions, or

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

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

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

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

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

VerDate Mar 15 2010 03:46 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.041 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6250 CONGRESSIONAL RECORD — SENATE October 5, 2011 ‘‘(D) the one-time costs of any modifica- sharing costs related to pre-auction esti- fied the Committees on Appropriations and tion of equipment reasonably necessary to mates or research as defined in subparagraph Commerce, Science, and Transportation of accommodate commercial use of shared fre- (C) of section 923(g)(3) of this title for costs the Senate, and the Committees on Appro- quencies or, in the case of frequencies reallo- incurred prior to the enactment of this legis- priations and Energy and Commerce of the cated to exclusive commercial use, prior to lation, but after June 28th, 2010. These House of Representatives.’’. the termination of the Federal entity’s pri- amounts transferred pursuant to the pre- (f) Subparagraph D of section 309 (j)(8) of mary allocation or protected status, when vious proviso are in addition to amounts the Communications Act of 1934 (47 U.S.C. the eligible frequencies as defined in para- that the Director of OMB may transfer after 309(j)(8)(D)) is amended by adding ‘‘, after the the enactment of this legislation.’’; graph (2) of this subsection are made avail- retention of revenue described in subpara- (3) amending subsection (d)(1) to add, ‘‘and able for private sector uses by competitive graph (B),’’ before ‘‘attributable’’ and ‘‘and sharing’’ before ‘‘costs’’; bidding and a Federal entity retains primary frequencies identified by the Federal Com- (4) amending subsection (d)(2)(B) to add, allocation or protected status in those fre- munications Commission to be auctioned in ‘‘and sharing’’ before ‘‘costs’’, and adding at quencies for a period of time after the com- conjunction with eligible frequencies de- the end, ‘‘and sharing’’; pletion of the competitive bidding process; scribed in 47 U.S.C. 923(g)(2)’’ before the first (5) replacing subsection (d)(3) with the fol- ‘‘(E) the costs associated with the acceler- ‘‘shall’’ in the subparagraph. ated replacement of systems and equipment lowing: (g) If the head of an executive agency of if such acceleration is necessary to ensure ‘‘Any amounts in the Fund that are re- the Federal Government determines that the timely relocation of systems to a new maining after the payment of the relocation public disclosure of any information con- frequency assignment or the timely accom- and sharing costs that are payable from the Fund shall revert to and be deposited in the tained in notifications and reports required modation of sharing of Federal frequencies; general fund of the Treasury not later than by sections 923 or 928 of Title 47 of the United and 15 years after the date of the deposit of such States Code would reveal classified national ‘‘(F) the costs of the use of commercial proceeds to the Fund, unless the Director of security information or other information systems and services (including systems not OMB, in consultation with the Assistant for which there is a legal basis for nondisclo- utilizing spectrum) to replace Federal sys- Secretary for Communications and Informa- sure and such public disclosure would be det- tems discontinued or relocated pursuant to tion, notifies the Committees on Appropria- rimental to national security, homeland se- this Act, including lease, subscription, and tions and Energy and Commerce of the curity, public safety, or jeopardize law en- equipment costs over an appropriate period, House of Representatives and the Commit- forcement investigations the head of the ex- such as the anticipated life of an equivalent tees on Appropriations and Commerce, ecutive agency shall notify the NTIA of that Federal system or other period determined Science, and Transportation of the Senate at determination prior to release of such infor- by the Director of the Office of Management least 60 days in advance of the reversion of mation. In that event, such information and Budget.’’. the funds to the general fund of the Treasury shall be included in a separate annex, as (d) A new subsection (7) is added to Section that such funds are needed to complete or to 113(g) as follows: needed and to the extent the agency head de- implement current or future relocations or termines is consistent with national security ‘‘(7) SPECTRUM SHARING.—Federal entities sharing initiatives.’’; are permitted to allow access to their fre- or law enforcement purposes. These annexes (6) amending subsection (e)(2) by adding shall be provided to the appropriate sub- quency assignments by non-Federal entities ‘‘and sharing’’ before ‘‘costs’’; by adding ‘‘or upon approval of the terms of such access by committee in accordance with applicable sharing’’ before ‘‘is complete’’; and by adding stipulations, but shall not be disclosed to the NTIA, in consultation with the Office of ‘‘or sharing’’ before ‘‘in accordance’’; and Management and Budget. Such non-Federal public or provided to any unauthorized per- (7) adding a new subsection at the end son through any other means. entities must comply with all applicable thereof: rules of the Commission and NTIA, including ‘‘(f) Notwithstanding subsections (c) SEC. 273. INCENTIVE AUCTION AUTHORITY. any regulations promulgated pursuant to through (e) of this section and after the (a) Paragraph (8) of section 309(j) of the this section. Remuneration associated with amount specified in subsection (b), up to Communications Act of 1934 (47 U.S.C. 309(j)) such access shall be deposited into the Spec- twenty percent of the amounts deposited in is amended— trum Relocation Fund. Federal entities that the Spectrum Relocation Fund from the auc- (1) in subparagraph (A), by deleting ‘‘and incur costs as a result of such access are eli- tion of licenses following the date of enact- (E)’’ and inserting ‘‘(E) and (F)’’ after ‘‘sub- gible for payment from the Fund for the pur- ment of this section for frequencies vacated paragraphs (B), (D),’’; and poses specified in subsection (3) of this sec- by Federal entities, or up to twenty percent (2) by adding at the end the following new of the amounts paid by non-Federal entities tion. The revenue associated with such ac- subparagraphs: for sharing of Federal spectrum, after the cess must be at least 110 percent of the esti- ‘‘(F) Notwithstanding any other provision date of enactment are hereby appropriated mated Federal costs.’’. of law, if the Commission determines that it (e) Section 118 of such Act (47 U.S.C. 928) is and available at the discretion of the Direc- is consistent with the public interest in uti- amended by: tor of the Office of Management and Budget, lization of the spectrum for a licensee to vol- (1) In subsection (b), adding at the end, in consultation with the Assistant Secretary untarily relinquish some or all of its licensed ‘‘and any payments made by non-Federal en- for Communications and Information, for spectrum usage rights in order to permit the tities for access to Federal spectrum pursu- payment to the eligible Federal entities, in assignment of new initial licenses through a ant to 47 U.S.C. 113(g)(7)’’; addition to the relocation and sharing costs competitive bidding process subject to new (2) replacing subsection (c) with the fol- defined in paragraph (3) of subsection 923(g), service rules, or the designation of spectrum lowing: for the purpose of encouraging timely access ‘‘The amounts in the Fund from auctions to those frequencies, provided that: for unlicensed use, the Commission may pay of eligible frequencies are authorized to be ‘‘(1) Such payments may be based on the to such licensee a portion of any auction pro- used to pay relocation costs, as defined in market value of the spectrum, timeliness of ceeds that the Commission determines, in its section (g)(3) of this title, of an eligible Fed- clearing, and needs for agencies’ essential discretion, are attributable to the spectrum eral entity incurring such costs with respect missions; usage rights voluntarily relinquished by to relocation from any eligible frequency. In ‘‘(2) Such payments are authorized for: such licensee. If the Commission also deter- addition, the amounts in the Fund from pay- ‘‘(A) the purposes of achieving enhanced mines that it is in the public interest to ments by non-Federal entities for access to capabilities of systems that are affected by modify the spectrum usage rights of any in- Federal spectrum are authorized to be used the activities specified in subparagraphs (A) cumbent licensee in order to facilitate the to pay Federal costs associated with such through (F) of paragraph (3) of subsection assignment of such new initial licenses sub- sharing, as defined in section (g)(3) of this 923(g) of this title; and ject to new service rules, or the designation title. The Director of the Office of Manage- ‘‘(B) other communications, radar and of spectrum for unlicensed use, the Commis- ment and Budget (OMB) may transfer at any spectrum-using investments not directly af- sion may pay to such licensee a portion of time (including prior to any auction or con- fected by such reallocation or sharing but es- the auction proceeds for the purpose of relo- templated auction, or sharing initiative) sential for the missions of the Federal entity cating to any alternative frequency or loca- such sums as may be available in the Fund that is relocating its systems or sharing fre- tion that the Commission may designate; to an eligible Federal entity to pay eligible quencies; Provided, however, that with respect to fre- relocation or sharing costs related to pre- ‘‘(3) The increase to the Fund due to any quency bands between 54 megahertz and 72 auction estimates or research as defined in one auction after any payment is not less megahertz, 76 megahertz and 88 megahertz, subparagraph (C) of section 923(g)(3) of this than 10 percent of the winning bids in the 174 megahertz and 216 megahertz, and 470 title. However, the Director may not trans- relevant auction, or is not less than 10 per- megahertz and 698 megahertz (‘the specified fer more than $100,000,000 associated with au- cent of the payments from non-Federal enti- bands’), any spectrum made available for al- thorized pre-auction activities before an auc- ties in the relevant sharing agreement; ternative use utilizing payments authorized tion is completed and proceeds are deposited ‘‘(4) Payments to eligible entities must be under this subsection shall be assigned via in the Spectrum Relocation Fund. Within based on the proceeds generated in the auc- the competitive bidding process until the the $100,000,000 that may be transferred be- tion that an eligible entity participates in; winning bidders for licenses covering at least fore an auction, the Director of OMB may and 84 megahertz from the specified bands de- transfer up to $10,000,000 in total to eligible ‘‘(5) Such payments will not be made until posit the full amount of their bids in accord- federal entities for eligible relocation or 30 days after the Director of OMB has noti- ance with the Commission’s instructions. In

VerDate Mar 15 2010 03:46 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.042 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6251 addition, if more than 84 megahertz of spec- SEC. 274. REQUIREMENTS WHEN REPURPOSING (6) At least 25 megahertz of spectrum be- trum from the specified bands is made avail- CERTAIN MOBILE SATELLITE SERV- tween the frequencies of 1755 megahertz and able for alternative use utilizing payments ICES SPECTRUM FOR TERRESTRIAL 1850 megahertz, minus appropriate geo- BROADBAND USE. graphic exclusion zones if necessary, unless under this subsection, and such spectrum is To the extent that the Commission makes the President of the United States deter- assigned via competitive bidding, a portion available terrestrial broadband rights on of the proceeds may be disbursed to licensees spectrum primarily licensed for mobile sat- mines that— of other frequency bands for the purpose of ellite services, the Commission shall recover (A) such spectrum should not be reallo- making additional spectrum available, pro- a significant portion of the value of such cated due to the need to protect incumbent vided that a majority of such additional right either through the authority provided Federal operations; or reallocation must be spectrum is assigned via competitive bid- in section 309(j) of the Communications Act delayed or progressed in phases to ensure ding. Also, provided that in exercising the of 1934 (47 U.S.C. 309(j)) or by section 278 of protection or continuity of Federal oper- authority provided under this section: this subtitle. ations; and ‘‘(i) The Chairman of the Commission, in SEC. 275. PERMANENT EXTENSION OF AUCTION (B) allocation of other spectrum— consultation with the Director of OMB, shall AUTHORITY. (i) better serves the public interest, con- notify the Committees on Appropriations Section 309(j)11 of the Communications Act venience, and necessity; and and Commerce, Science, and Transportation of 1934 (47 U.S.C. 309 (j)(11)) is repealed. (ii) can reasonably be expected to produce of the Senate, and the Committees on Appro- SEC. 276. AUTHORITY TO AUCTION LICENSES FOR receipts comparable to auction of spectrum priations and Energy and Commerce of the DOMESTIC SATELLITE SERVICES. frequencies identified in this paragraph. House of Representatives of the methodology Section 309(j) of the Communications Act (7) The Commission may substitute alter- for calculating such payments to licensees at of 1934 is amended by adding the following native spectrum frequencies for the spec- least 3 months in advance of the relevant new subsection at the end thereof: trum frequencies identified in paragraphs (1) through (5) of this subsection, if the Commis- auction, and that such methodology consider ‘‘(17) Notwithstanding any other provision of law, the Commission shall use competitive sion determines that alternative spectrum the value of spectrum vacated in its current bidding under this subsection to assign any would better serve the public interest and use and the timeliness of clearing; and license, construction permit, reservation, or the Office of Management and Budget cer- ‘‘(ii) Notwithstanding subparagraph (A), similar authorization or modification there- tifies that such alternative spectrum fre- and except as provided in subparagraphs (B), of, that may be used solely or predominantly quencies are reasonably expected to produce (C), and (D), all proceeds (including deposits for domestic satellite communications serv- receipts comparable to auction of the spec- and up front payments from successful bid- ices, including satellite-based television or trum frequencies identified in paragraphs (1) ders) from the auction of spectrum under radio services. A service is defined to be pre- through (5) of this subsection. this section and section 106 of this Act shall dominantly for domestic satellite commu- be deposited with the Public Safety Trust (c) AUCTION ORGANIZATION.—The Commis- nications services if the majority of cus- sion may, if technically feasible and con- Fund established under section 217 of this tomers that may be served are located with- sistent with the public interest, combine the Act. in the geographic boundaries of the United spectrum identified in paragraphs (4), (5), ‘‘(G) ESTABLISHMENT OF INCENTIVE AUCTION States. The Commission may, however, use and the portion of paragraph (6) between the RELOCATION FUND.— an alternative approach to assignment of frequencies of 1755 megahertz and 1850 mega- ‘‘(i) IN GENERAL.—There is established in such licenses or similar authorities if it finds hertz, inclusive, of subsection (b) in an auc- the Treasury of the United States a fund to that such an alternative to competitive bid- tion of licenses for paired spectrum blocks. be known as the ‘Incentive Auction Reloca- ding would serve the public interest, conven- tion Fund’. (d) FURTHER REALLOCATION OF CERTAIN ience, and necessity. This paragraph shall be OTHER SPECTRUM.— ‘‘(ii) ADMINISTRATION.—The Assistant Sec- effective on the date of its enactment and retary shall administer the Incentive Auc- (1) COVERED SPECTRUM.—For purposes of shall apply to all Commission assignments this subsection, the term ‘‘covered spec- tion Relocation Fund using the amounts de- or reservations of spectrum for domestic sat- trum’’ means the portion of the electro- posited pursuant to this section. ellite services, including, but not limited to, magnetic spectrum between the frequencies ‘‘(iii) CREDITING OF RECEIPTS.—There shall all assignments or reservations for satellite- of 3550 to 3650 megahertz, inclusive, minus be deposited into or credited to the Incentive based television or radio services as of the the geographic exclusion zones, or any Auction Relocation Fund any amounts speci- effective date.’’. amendment thereof, identified in NTIA’s Oc- fied in section 217 of this Act. SEC. 277. DIRECTED AUCTION OF CERTAIN SPEC- tober 2010 report entitled ‘‘An Assessment of ‘‘(iv) AVAILABILITY.—Amounts in the In- TRUM. Near-Term Viability of Accommodating centive Auction Relocation Fund shall be (a) IDENTIFICATION OF SPECTRUM.—Not Wireless Broadband Systems in 1675–1710 available to the NTIA for use— later than 1 year after the date of enactment MHz, 1755–1780 MHz, 3500–3650 MHz, and 4200– ‘‘(I) without fiscal year limitation; of this subtitle, the Assistant Secretary 4220 MHz, 4380–4400 MHz Bands’’. ‘‘(II) for a period not to exceed 18 months shall identify and make available for imme- (2) IN GENERAL.—Consistent with require- diate reallocation, at a minimum, 15 mega- following the later of— ments of section 309(j) of the Communica- hertz of contiguous spectrum at frequencies ‘‘(aa) the completion of incentive auction tions Act of 1934, the Commission shall re- located between 1675 megahertz and 1710 from which such amounts were derived; allocate covered spectrum for assignment by megahertz, inclusive, minus the geographic ‘‘(bb) the date on which the Commission competitive bidding or allocation to unli- issues all the new channel assignments pur- exclusion zones, or any amendment thereof, identified in NTIA’s October 2010 report enti- censed use, minus appropriate exclusion suant to any repacking required under sub- zones if necessary, unless the President of paragraph (F)(ii); or tled ‘‘An Assessment of Near-Term Viability of Accommodating Wireless Broadband Sys- the United States determines that— ‘‘(cc) the issuance of a construction permit (A) such spectrum cannot be reallocated by the Commission for a station to change tems in 1675–1710 MHz, 1755–1780 MHz, 3500– 3650 MHz, and 4200–4220 MHz, 4380–4400 MHz due to the need to protect incumbent Fed- channels, geographic locations, to collocate eral systems from interference; or on the same channel or notification by a sta- Bands’’, to be made available for realloca- tion or sharing with incumbent Government (B) allocation of other spectrum— tion to the Assistant Secretary that it is im- operations. (i) better serves the public interest, con- pacted by such a change; and (b) AUCTION.—Not later than January 31, venience, and necessity; and ‘‘(III) without further appropriation. 2016, the Commission shall conduct, in such (ii) can reasonably be expected to produce ‘‘(v) USE OF FUNDS.—Amounts in the Incen- combination as deemed appropriate by the receipts comparable to what the covered tive Auction Relocation Fund may only be Commission, the auctions of the following li- spectrum might auction for without the geo- used by the NTIA, in consultation with the censes covering at least the frequencies de- graphic exclusion zones. Commission, to cover— scribed in this section, by commencing the (3) ACTIONS REQUIRED IF COVERED SPECTRUM ‘‘(I) the reasonable costs of television bidding for: CANNOT BE REALLOCATED.— broadcast stations that are relocated to a (1) The spectrum between the frequencies (A) IN GENERAL.—If the President makes a different spectrum channel or geographic lo- of 1915 megahertz and 1920 megahertz, inclu- determination under paragraph (2) that the cation following an incentive auction under sive. covered spectrum cannot be reallocated, subparagraph (F), or that are impacted by (2) The spectrum between the frequencies then the President shall, within 1 year after such relocations, including to cover the cost of 1995 megahertz and 2000 megahertz, inclu- the date of such determination— of new equipment, installation, and con- sive. (i) identify alternative bands of frequencies struction; and (3) The spectrum between the frequencies totaling more than 20 megahertz and no ‘‘(II) the costs incurred by multichannel of 2020 megahertz and 2025 megahertz, inclu- more than 100 megahertz of spectrum used video programming distributors for new sive. primarily by Federal agencies that satisfy equipment, installation, and construction re- (4) The spectrum between the frequencies the requirements of clauses (i) and (ii) of lated to the carriage of such relocated sta- of 2155 megahertz and 2175 megahertz, inclu- paragraph (2)(B); tions or the carriage of stations that volun- sive. (ii) report to the appropriate committees tarily elect to share a channel, but retain (5) The spectrum between the frequencies of Congress and the Commission an identi- their existing rights to carriage pursuant to of 2175 megahertz and 2180 megahertz, inclu- fication of such alternative spectrum for as- sections 338, 614, and 615.’’. sive. signment by competitive bidding; and

VerDate Mar 15 2010 03:46 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.042 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6252 CONGRESSIONAL RECORD — SENATE October 5, 2011 (iii) make such alternative spectrum for ‘‘(ii) scope and type of permissible services does not apply to the licensee or should oth- assignment immediately available for re- and uses; erwise be waived or payment deferred. A allocation. ‘‘(iii) amount of spectrum and licensed cov- hearing is not required under this subsection (B) AUCTION.—If the President makes a de- erage area; unless the licensee’s response presents a sub- termination under paragraph (2) that the ‘‘(iv) shared versus exclusive use; stantial and material question of fact. In any covered spectrum cannot be reallocated, the ‘‘(v) level of demand for spectrum licenses case where a hearing is conducted pursuant Commission shall commence the bidding of or construction permits within a certain to this section, the hearing shall be based on the alternative spectrum identified pursuant spectrum band or geographic area; written evidence only, and the burden of pro- to subparagraph (A) within 3 years of the ‘‘(vi) the amount of revenue raised on com- ceeding with the introduction of evidence date of enactment of this subtitle. parable licenses awarded through an auction; and the burden of proof shall be on the li- (4) ACTIONS REQUIRED IF COVERED SPECTRUM and censee. Unless the licensee substantially pre- CAN BE REALLOCATED.—If the President does ‘‘(vii) such factors that the Commission de- vails in the hearing, the Commission may as- not make a determination under paragraph termines, in its discretion, are necessary to sess the licensee for the costs of such hear- (1) that the covered spectrum cannot be re- promote efficient and effective spectrum use. ing. Any Commission order adopted pursuant allocated, the Commission shall commence ‘‘(B) In addition, the Commission shall, by to this subsection shall determine the the competitive bidding for the covered spec- regulation, establish a methodology for as- amount due, if any, and provide the licensee trum within 3 years of the date of enactment sessing annual user fees and a schedule for with at least 30 days to pay that amount or of this subtitle. collection of such fees on entities holding have its authorization revoked. No order of (e) AMENDMENTS TO DESIGN REQUIREMENTS Ancillary Terrestrial Component authority revocation under this subsection shall be- RELATED TO COMPETITIVE BIDDING.—Section in conjunction with Mobile Satellite Service come final until the licensee has exhausted 309(j) of the Communications Act of 1934 (47 spectrum licenses, where the Ancillary Ter- its right to judicial review of such order U.S.C. 309(j)) is amended— restrial Component authority was not as- under section 402(b)(5) of this title. (1) in paragraph (3)— signed through use of competitive bidding. ‘‘(5) TREATMENT OF REVENUES.—All pro- (A) in subparagraph (E)(ii), by striking ‘‘; The Commission shall not collect less from ceeds obtained pursuant to the regulations and’’ and inserting a semicolon; and the holders of such authority than a reason- required by this subsection shall be depos- (B) in subparagraph (F), by striking the pe- able estimate of the value of such authority ited in the General Fund of the Treasury.’’. riod at the end and inserting a semicolon; over its term, regardless of whether terres- PART II—PUBLIC SAFETY BROADBAND and trial services is actually provided during this NETWORK (2) by amending clause (i) of the second term. In determining a reasonable estimate sentence of paragraph (8)(C) to read as fol- of the value of such authority, the Commis- SEC. 281. REALLOCATION OF D BLOCK FOR PUB- lows: sion may consider factors listed in sub- LIC SAFETY. ‘‘(i) the deposits— section (A). (a) IN GENERAL.—The Commission shall re- ‘‘(I) of successful bidders of any auction ‘‘(C) Within 60 days of enactment of this allocate the 700 MHz D block spectrum for conducted pursuant to subparagraph (F) of Act, the Commission shall commence a rule- use by public safety entities in accordance section 106 of this act shall be paid to the making to develop the fee methodology and with the provisions of this subtitle. Public Safety Trust Fund established under regulations. The Commission shall take all (b) SPECTRUM ALLOCATION.—Section 337(a) section 217 of such Act; and actions necessary so that it can collect fees of the Communications Act of 1934 (47 U.S.C. ‘‘(II) of successful bidders of any other auc- from the first class or classes of spectrum li- 337(a)) is amended— tion shall be paid to the Treasury;’’. cense or construction permit holders no later (1) by striking ‘‘24’’ in paragraph (1) and in- SEC. 278. AUTHORITY TO ESTABLISH SPECTRUM than September 30, 2012. serting ‘‘34’’; and LICENSE USER FEES. ‘‘(D) The Commission, from time to time, (2) by striking ‘‘36’’ in paragraph (2) and in- Section 309 of the Communications Act of may commence further rulemakings (sepa- serting ‘‘26’’. rate from or in connection with other 1934 is amended by adding the following new SEC. 282. FLEXIBLE USE OF NARROWBAND SPEC- subsection at the end thereof: rulemakings or proceedings involving spec- TRUM. trum-based services, licenses, permits and ‘‘(m) USE OF SPECTRUM LICENSE USER The Commission may allow the uses) and modify the fee methodology or re- FEES.—For initial licenses or construction narrowband spectrum to be used in a flexible vise its rules required by paragraph (B) to permits that are not granted through the use manner, including usage for public safety add or modify classes of spectrum license or of competitive bidding as set forth in sub- broadband communications, subject to such section (j), and for renewals or modifications construction permit holders that must pay technical and interference protection meas- of initial licenses or other authorizations, fees, and assign or adjust such fee as a result ures as the Commission may require and sub- whether granted through competitive bid- of the addition, deletion, reclassification or ject to interoperability requirements of the ding or not, the Commission may, where other change in a spectrum-based service or Commission and the Corporation established warranted, establish, assess, and collect an- use, including changes in the nature of a nual user fees on holders of spectrum li- spectrum-based service or use as a con- in section 204 of this subtitle. censes or construction permits, including sequence of Commission rulemaking pro- SEC. 283. SINGLE PUBLIC SAFETY WIRELESS NET- their successors or assignees, in order to pro- ceedings or changes in law. Any resulting WORK LICENSEE. mote efficient and effective use of the elec- changes in the classes of spectrum licenses, (a) REALLOCATION AND GRANT OF LICENSE.— tromagnetic spectrum. construction permits or fees shall take effect Notwithstanding any other provision of law, ‘‘(1) REQUIRED COLLECTIONS.—The Commis- upon the dates established in the Commis- and subject to the provisions of this subtitle, sion shall collect at least the following sion’s rulemaking proceeding in accordance including section 290, the Commission shall amounts— with applicable law. grant a license to the Public Safety ‘‘(A) $200,000,000 in fiscal year 2012; ‘‘(E) The Commission shall exempt from Broadband Corporation established under ‘‘(B) $300,000,000 in fiscal year 2013; such fees holders of licenses for broadcast section 284 for the use of the 700 MHz D block ‘‘(C) $425,000,000 in fiscal year 2014; television and public safety services. The spectrum and existing public safety ‘‘(D) $550,000,000 in fiscal year 2015; term ‘emergency response providers’ in- broadband spectrum. ‘‘(E) $550,000,000 in fiscal year 2016; cludes State, local, and tribal, emergency (b) TERM OF LICENSE.— ‘‘(F) $550,000,000 in fiscal year 2017; public safety, law enforcement, firefighter, (1) INITIAL LICENSE.—The license granted ‘‘(G) $550,000,000 in fiscal year 2018; emergency response, emergency medical (in- under subsection (a) shall be for an initial ‘‘(H) $550,000,000 in fiscal year 2019; cluding hospital emergency facilities), and term of 10 years from the date of the initial ‘‘(I) $550,000,000 in fiscal year 2020; and related personnel, agencies and authorities. issuance of the license. ‘‘(J) $550,000,000 in fiscal year 2021. ‘‘(3) PENALTIES FOR LATE PAYMENT.—The (2) RENEWAL OF LICENSE.—Prior to expira- ‘‘(2) DEVELOPMENT OF SPECTRUM FEE REGU- Commission shall prescribe by regulation an tion of the term of the initial license granted LATIONS.— additional charge which shall be assessed as under subsection (a) or the expiration of any ‘‘(A) The Commission shall, by regulation, a penalty for late payment of fees required subsequent renewal of such license, the Cor- establish a methodology for assessing annual by this subsection. poration shall submit to the Commission an spectrum user fees and a schedule for collec- ‘‘(4) REVOCATION OF LICENSE OR PERMIT.— application for the renewal of such license. tion of such fees on classes of spectrum li- The Commission may revoke any spectrum Such renewal application shall demonstrate censes or construction permits or other in- license or construction permit for a licens- that, during the preceding license term, the struments of authorization, consistent with ee’s or permitee’s failure to pay in a timely Corporation has met the duties and obliga- the public interest, convenience and neces- manner any fee or penalty to the Commis- tions set forth under this subtitle. A renewal sity. The Commission may determine over sion under this subsection. Such revocation license granted under this paragraph shall be time different classes of spectrum licenses or action may be taken by the Commission for a term of not to exceed 15 years. construction permits upon which such fees after notice of the Commission’s intent to (c) FACILITATION OF TRANSITION.—The Com- may be assessed. In establishing the fee take such action is sent to the licensee by mission shall take all actions necessary to methodology, the Commission may consider registered mail, return receipt requested, at facilitate the transition of the existing pub- the following factors: the licensee’s last known address. The notice lic safety broadband spectrum to the Public ‘‘(i) the highest value alternative spectrum will provide the licensee at least 30 days to Safety Broadband Corporation established use forgone; either pay the fee or show cause why the fee under section 284.

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SEC. 284. ESTABLISHMENT OF PUBLIC SAFETY (IV) FINANCIAL EXPERTISE.—Expertise in fi- (D) STAGGERED TERMS.—With respect to BROADBAND CORPORATION. nancing and funding telecommunications the initial non-Federal members of the (a) ESTABLISHMENT.—There is authorized networks. Board— to be established a private, nonprofit cor- (ii) EXPERTISE TO BE REPRESENTED.—In (i) 4 members shall serve for a term of 3 poration, to be known as the ‘‘Public Safety making appointments under subparagraph years; Broadband Corporation’’, which is neither an (A), the Secretary of Commerce should ap- (ii) 4 members shall serve for a term of 2 agency nor establishment of the United point— years; and States Government or the District of Colum- (I) at least one individual who satisfies the (iii) 3 members shall serve for a term of 1 bia Government. requirement under subclause (II) of clause year. (b) APPLICATION OF PROVISIONS.—The Cor- (i); (3) VACANCIES.—A vacancy in the member- poration shall be subject to the provisions of (II) at least one individual who satisfies ship of the Board shall not affect the Board’s this subtitle, and, to the extent consistent the requirement under subclause (III) of powers, and shall be filled in the same man- with this subtitle, to the District of Colum- clause (i); and bia Nonprofit Corporation Act (sec. 29–301.01 ner as the original member was appointed. (III) at least one individual who satisfies (c) CHAIR.— et seq., D.C. Official Code). the requirement under subclause (IV) of (1) SELECTION.—The Secretary of Com- (c) RESIDENCE.—The Corporation shall have clause (i). its place of business in the District of Colum- merce, in consultation with the Secretary of NDEPENDENCE.— bia and shall be considered, for purposes of (E) I Homeland Security and the Attorney Gen- venue in civil actions, to be a resident of the (i) IN GENERAL.—Each non-Federal member eral of the United States, shall select, from District of Columbia. of the Board shall be independent and neu- among the members of the Board, an indi- (d) POWERS UNDER DC ACT.—In order to tral and maintain a fiduciary relationship vidual to serve for a 2-year term as Chair of carry out the duties and activities of the with the Corporation in performing his or the Board. Corporation, the Corporation shall have the her duties. (2) CONSECUTIVE TERMS.—An individual usual powers conferred upon a nonprofit cor- (ii) INDEPENDENCE DETERMINATION.—In may not serve for more than 2 consecutive poration by the District of Columbia Non- order to be considered independent for pur- terms as Chair of the Board. profit Corporation Act. poses of this subparagraph, a member of the (3) REMOVAL FOR CAUSE.—The Secretary of (e) INCORPORATION.—The members of the Board— Commerce, in consultation with the Sec- initial Board of Directors of the Corporation (I) may not, other than in his or her capac- retary of Homeland Security and the Attor- shall serve as incorporators and shall take ity as a member of the Board or any com- ney General of the United States, may re- whatever steps that are necessary to estab- mittee thereof— move the Chair of the Board and any non- lish the Corporation under the District of (aa) accept any consulting, advisory, or Federal member for good cause. Columbia Nonprofit Corporation Act. other compensatory fee from the Corpora- (d) REMOVAL.—All members of the Board SEC. 285. BOARD OF DIRECTORS OF THE COR- tion; or may by majority vote— PORATION. (bb) be a person associated with the Cor- (1) remove any non-Federal member of the (a) MEMBERSHIP.—The management of the poration or with any affiliated company Board from office for conduct determined by Corporation shall be vested in a Board of Di- thereof; and the Board to be detrimental to the Board or rectors (referred to in this Title as the (II) shall be disqualified from any delibera- Corporation; and ‘‘Board’’), which shall consist of the fol- tion involving any transaction of the Cor- (2) request that the Secretary of Commerce lowing members: poration in which the Board member has a exercise his or her authority to remove the (1) FEDERAL MEMBERS.—The following indi- financial interest in the outcome of the Chair of the Board for conduct determined viduals, or their respective designees, shall transaction. by the Board to be detrimental to the Board serve as Federal members: (F) NOT OFFICERS OR EMPLOYEES.—The non- or Corporation. (A) The Secretary of Commerce. Federal members of the Board shall not, by (e) MEETINGS.— (B) The Secretary of Homeland Security. reason of such membership, be considered to (1) FREQUENCY.—The Board shall meet in (C) The Attorney General of the United be officers or employees of the United States accordance with the bylaws of the Corpora- States. Government or of the District of Columbia tion— (D) The Director of the Office of Manage- Government. (A) at the call of the Chairperson; and ment and Budget. (G) CITIZENSHIP.—No individual other than (B) not less frequently than once each (2) NON-FEDERAL MEMBERS.— a citizen of the United States may serve as quarter. (A) IN GENERAL.—The Secretary of Com- a non-Federal member of the Board. (2) TRANSPARENCY.—Meetings of the Board, merce, in consultation with the Secretary of (H) CLEARANCE FOR CLASSIFIED INFORMA- including any committee of the Board, shall Homeland Security and the Attorney Gen- TION.—In order to have the threat and vul- be open to the public. The Board may, by eral of the United States, shall appoint 11 in- nerability information necessary to make majority vote, close any such meeting only dividuals to serve as non-Federal members of risk management decisions regarding the for the time necessary to preserve the con- the Board. network, the non-Federal members of the fidentiality of commercial or financial infor- (B) STATE, TERRITORIAL, TRIBAL AND LOCAL Board shall be required, prior to appoint- mation that is privileged or confidential, to GOVERNMENT INTERESTS.—In making appoint- ment, to obtain a clearance held by the Di- discuss personnel matters, to discuss secu- ments under subparagraph (A), the Secretary rector of National Intelligence that permits rity vulnerabilities when making those of Commerce should— them to receive information classified at the vulnerabilities public would increase risk to (i) appoint at least 3 individuals with sig- level of Top Secret, Special Compartmented the network or otherwise materially threat- nificant expertise in the collective interests Information. en network operations, or to discuss legal of State, territorial, tribal and local govern- (b) TERMS OF APPOINTMENT.— matters affecting the Corporation, including ments; and (1) INITIAL APPOINTMENT DEADLINE.—Mem- pending or potential litigation. (ii) seek to ensure geographic and regional bers of the Board shall be appointed not later (f) QUORUM.—Eight members of the Board representation of the United States in such than 180 days after the date of the enactment shall constitute a quorum. appointments; and of this subtitle. (g) BYLAWS.—A majority of the members of (iii) seek to ensure rural and urban rep- (2) TERMS.— the Board of Directors may amend the by- resentation in such appointments. (A) LENGTH.— laws of the Corporation. (C) PUBLIC SAFETY INTERESTS.—In making (i) FEDERAL MEMBERS.—Each Federal mem- (h) ATTENDANCE.—Members of the Board of appointments under subparagraph (A), the ber of the Board shall serve as a member of Directors may attend meetings of the Cor- Secretary of Commerce should appoint at the Board for the life of the Corporation poration and vote in person, via telephone least 3 individuals who have served or are while serving in their appointed capacity. conference, or via video conference. currently serving as public safety profes- (ii) NON-FEDERAL MEMBERS.—The term of (i) PROHIBITION ON COMPENSATION.—Mem- sionals. office of each non-Federal member of the bers of the Board of the Corporation shall (D) REQUIRED QUALIFICATIONS.— Board shall be 3 years. No non-Federal mem- serve without pay, and shall not otherwise (i) IN GENERAL.—Each non-Federal member ber of the Board may serve more than 2 con- benefit, directly or indirectly, as a result of appointed under subparagraph (A) should secutive full 3-year terms. their service to the Corporation, but shall be meet at least 1 of the following criteria: (B) EXPIRATION OF TERM.—Any member allowed a per diem allowance for travel ex- (I) PUBLIC SAFETY EXPERIENCE.—Knowledge whose term has expired may serve until such penses, at rates authorized for an employee and experience in the use of Federal, State, member’s successor has taken office, or until of an agency under subchapter I of chapter 57 local, or tribal public safety or emergency the end of the calendar year in which such of title 5, United States Code, while away response. member’s term has expired, whichever is ear- from the home or regular place of business of (II) TECHNICAL EXPERTISE.—Technical ex- lier. the member in the performance of the duties pertise and fluency regarding broadband (C) APPOINTMENT TO FILL VACANCY.—Any of the Corporation. communications, including public safety non-Federal member appointed to fill a va- SEC. 286. OFFICERS, EMPLOYEES, AND COMMIT- communications and cybersecurity. cancy occurring prior to the expiration of TEES OF THE CORPORATION. (III) NETWORK EXPERTISE.—Expertise in the term for which that member’s prede- (a) OFFICERS AND EMPLOYEES.— building, deploying, and operating commer- cessor was appointed shall be appointed for (1) IN GENERAL.—The Corporation shall cial telecommunications networks. the remainder of the predecessor’s term. have a Chief Executive Officer, and such

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

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

VerDate Mar 15 2010 03:46 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.043 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6256 CONGRESSIONAL RECORD — SENATE October 5, 2011 (A) such comments and information as the tion, shall establish requirements relating to bilities, as well as a standard application Comptroller General determines necessary the grant program to be carried out under programing interfaces for the nationwide to inform Congress of the financial oper- this section, including the following: public safety interoperable broadband net- ations and condition of the Corporation; (1) Defining eligible costs for purposes of work to be established under this title, if (B) any recommendations of the Comp- subsection (b)(1). necessary and practical; troller General relating to the financial op- (2) Determining the scope of eligible activi- (5) seek to develop technologies, standards, erations and condition of the Corporation; ties for grant funding under this section. processes, and architectures that provide a and (3) Prioritizing grants for activities that significant improvement in network secu- (C) a description of any program, expendi- ensure coverage in rural as well as urban rity, resiliency and trustworthiness; and ture, or other financial transaction or under- areas. (6) convene working groups of relevant taking of the Corporation that was observed (d) CERTIFICATION AND DESIGNATION OF OF- government and commercial parties to during the course of the audit, which, in the FICER OR GOVERNMENTAL BODY.—In carrying achieve the requirements in paragraphs (1) opinion of the Comptroller General, has been out the grant program established under this through (5). carried on or made without the authority of section, the Assistant Secretary shall re- (c) TRANSFER AUTHORITY.—If in the deter- law. quire each State to certify in its application mination of the Director of NIST another Federal agency is better suited to carry out SEC. 292. ANNUAL REPORT TO CONGRESS. for grant funds that the State has designated and oversee the research and development of (a) IN GENERAL.—Not later than 1 year a single officer or governmental body to any activity to be carried out in accordance after the date of enactment of this subtitle, serve as the coordinator of implementation of the grant funds. with the requirements of this section, the and each year thereafter, the Corporation Director may transfer any amounts provided shall submit an annual report covering the SEC. 295. STATE AND LOCAL IMPLEMENTATION FUND. under this section to such agency, including preceding fiscal year to the President and to the National Institute of Justice of the the appropriate committees of Congress. (a) ESTABLISHMENT.—There is established in the Treasury of the United States a fund Department of Justice and the Department (b) REQUIRED CONTENT.—The report re- of Homeland Security. quired under subsection (a) shall include— to be known as the ‘‘State and Local Imple- SEC. 297. PUBLIC SAFETY TRUST FUND. (1) a comprehensive and detailed report of mentation Fund’’. (a) ESTABLISHMENT OF PUBLIC SAFETY the operations, activities, financial condi- (b) PURPOSE.—The Assistant Secretary TRUST FUND.— tion, and accomplishments of the Corpora- shall establish and administer the grant pro- (1) IN GENERAL.—There is established in the tion under this section; and gram authorized under section 294 of this subtitle using funds deposited in the State Treasury of the United States a trust fund to (2) such recommendations or proposals for be known as the ‘‘Public Safety Trust legislative or administrative action as the and Local Implementation Fund. (c) CREDITING OF RECEIPTS.—There shall be Fund’’. Corporation deems appropriate. deposited into or credited to the State and (2) CREDITING OF RECEIPTS.— (c) AVAILABILITY TO TESTIFY.—The direc- Local Implementation Fund— (A) IN GENERAL.—There shall be deposited tors, officers, employees, and agents of the (1) any amounts specified in section 297; into or credited to the Public Safety Trust Corporation shall be available to testify be- and Fund the proceeds from the auction of spec- fore the appropriate committees of the Con- (2) any amounts borrowed by the Assistant trum carried out pursuant to— gress with respect to— Secretary under subsection (d). (i) section 273 of this subtitle; and (1) the report required under subsection (d) BORROWING AUTHORITY.— (ii) section 309(j)(8)(F) of the Communica- (a); (1) IN GENERAL.—The Assistant Secretary tions Act of 1934, as added by section 273 of (2) the report of any audit made by the may borrow from the General Fund of the this subtitle. Comptroller General under section 291; or Treasury beginning on October 1, 2011, such (B) AVAILABILITY.—Amounts deposited into (3) any other matter which such commit- sums as may be necessary, but not to exceed or credited to the Public Safety Trust Fund tees may determine appropriate. $100,000,000 to implement section 294. in accordance with subparagraph (A) shall SEC. 293. PROVISION OF TECHNICAL ASSIST- (2) REIMBURSEMENT.—The Assistant Sec- remain available until the end of fiscal year ANCE. retary shall reimburse the General Fund of 2018. Upon the expiration of the period de- The Commission and the Departments of the Treasury, with interest, for any amounts scribed in the prior sentence such amounts Homeland Security, Justice and Commerce borrowed under subparagraph (1) as funds are shall be deposited in the General Fund of the may provide technical assistance to the Cor- deposited into the State and Local Imple- Treasury, where such amounts shall be dedi- poration and may take any action at the re- mentation Fund. cated for the sole purpose of deficit reduc- quest of the Corporation in effectuating its SEC. 296. PUBLIC SAFETY WIRELESS COMMU- tion. duties and responsibilities under this title. NICATIONS RESEARCH AND DEVEL- (b) USE OF FUND.—Amounts deposited in SEC. 294. STATE AND LOCAL IMPLEMENTATION. OPMENT. the Public Safety Trust Fund shall be used (a) ESTABLISHMENT OF STATE AND LOCAL (a) NIST DIRECTED RESEARCH AND DEVEL- in the following manner: IMPLEMENTATION GRANT PROGRAM.—The As- OPMENT PROGRAM.—From amounts made (1) PAYMENT OF AUCTION INCENTIVE.— sistant Secretary, in consultation with the available from the Public Safety Trust Fund (A) REQUIRED DISBURSALS.—Amounts in the Corporation, shall take such action as is nec- established under section 297, the Director of Public Safety Trust Fund shall be used to essary to establish a grant program to make NIST, in consultation with the Commission, make any required disbursal of payments to grants to States to assist State, regional, the Secretary of Homeland Security, and the licensees required pursuant to clause (i) and tribal, and local jurisdictions to identify, National Institute of Justice of the Depart- subclause (IV) of clause (ii) of section plan, and implement the most efficient and ment of Justice, as appropriate, shall con- 309(j)(8)(F) of the Communications Act of effective way for such jurisdictions to utilize duct research and assist with the develop- 1934. and integrate the infrastructure, equipment, ment of standards, technologies, and applica- (B) NOTIFICATION TO CONGRESS.— and other architecture associated with the tions to advance wireless public safety com- (i) IN GENERAL.—At least 3 months in ad- nationwide public safety interoperable munications. vance of any incentive auction conducted broadband network established in this sub- (b) REQUIRED ACTIVITIES.—In carrying out pursuant to subparagraph (F) of section title to satisfy the wireless communications the requirement under subsection (a), the Di- 309(j)(8) of the Communications Act of 1934, and data services needs of that jurisdiction, rector of NIST, in consultation with the Cor- the Chairman of the Commission, in con- including with regards to coverage, siting, poration and the public safety advisory com- sultation with the Director of the Office of identity management for public safety users mittee established under section 286(b)(1), Management and Budget, shall notify the ap- and their devices, and other needs. shall— propriate committees of Congress— (b) MATCHING REQUIREMENTS; FEDERAL (1) document public safety wireless com- (I) of the methodology for calculating the SHARE.— munications technical requirements; disbursal of payments to certain licensees re- (1) IN GENERAL.—The Federal share of the (2) accelerate the development of the capa- quired pursuant to clause (i) and subclauses cost of any activity carried out using a grant bility for communications between currently (III) and (IV) of clause of (ii) of such section; under this section may not exceed 80 percent deployed public safety narrowband systems (II) that such methodology considers the of the eligible costs of carrying out that ac- and the nationwide public safety interoper- value of the spectrum voluntarily relin- tivity, as determined by the Assistant Sec- able broadband network to be established quished in its current use and the timeliness retary, in consultation with the Corporation. under this title; with which the licensee cleared its use of (2) WAIVER.—The Assistant Secretary may (3) establish a research plan, and direct re- such spectrum; and waive, in whole or in part, the requirements search, that addresses the wireless commu- (III) of the estimated payments to be made of paragraph (1) for good cause shown if the nications needs of public safety entities be- from the Incentive Auction Relocation Fund Assistant Secretary determines that such a yond what can be provided by the current established under section 309(j)(8)(G) of the waiver is in the public interest. generation of broadband technology; Communications Act of 1934. (c) PROGRAMMATIC REQUIREMENTS.—Not (4) accelerate the development of mission (ii) DEFINITION.—In this clause, the term later than 6 months after the establishment critical voice, including device-to-device ‘‘appropriate committees of Congress’’ of the bylaws of the Corporation pursuant to ‘‘talkaround’’ standards for broadband net- means— section 286 of this subtitle, the Assistant works, if necessary and practical, public (I) the Committee on Commerce, Science, Secretary, in consultation with the Corpora- safety prioritization, authentication capa- and Transportation of the Senate;

VerDate Mar 15 2010 03:46 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.043 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6257 (II) the Committee on Appropriations of ability of public safety users to roam onto included in the enactment of the Unemploy- the Senate; commercial networks and to gain priority ment Compensation Extension Act of 2010 (III) the Committee on Energy and Com- access to commercial networks in an emer- (Public Law 111–205). merce of the House of Representatives; and gency if— SEC. 313. REEMPLOYMENT SERVICES AND REEM- (IV) the Committee on Appropriations of (1) the public safety entity equipment is PLOYMENT AND ELIGIBILITY AS- the House of Representatives. technically compatible with the commercial SESSMENT ACTIVITIES. (2) INCENTIVE AUCTION RELOCATION FUND.— network; (a) IN GENERAL.— Not more than $1,000,000,000 shall be depos- (2) the commercial network is reasonably (1) PROVISION OF SERVICES AND ACTIVITIES.— ited in the Incentive Auction Relocation compensated; and Section 4001 of the Supplemental Appropria- Fund established under section 309(j)(8)(G) of (3) such access does not preempt or other- tions Act, 2008, (Public Law 110–252; 26 U.S.C. the Communications Act of 1934. wise terminate or degrade all existing voice 3304 note), is amended by inserting the fol- (3) STATE AND LOCAL IMPLEMENTATION conversations or data sessions. lowing new subsection (h): FUND.—$200,000,000 shall be deposited in the TITLE III—ASSISTANCE FOR THE UNEM- ‘‘(h) IN GENERAL.— State and Local Implementation Fund estab- PLOYED AND PATHWAYS BACK TO ‘‘(1) REQUIRED PROVISION OF SERVICES AND lished under section 294. WORK ACTIVITIES.—An agreement under this sec- (4) PUBLIC SAFETY BROADBAND CORPORA- Subtitle A—Supporting Unemployed Workers tion shall require that the State provide re- TION.—$6,450,000,000 shall be deposited with employment services and reemployment and the Public Safety Broadband Corporation es- SEC. 301. SHORT TITLE. This subtitle may be cited as the ‘‘Sup- eligibility assessment activities to each indi- tablished under section 284, of which pursu- porting Unemployed Workers Act of 2011’’. vidual receiving emergency unemployment ant to its responsibilities and duties set compensation who, on or after the date that PART I—EXTENSION OF EMERGENCY UN- forth under section 288 to deploy and operate is 30 days after the date of enactment of the EMPLOYMENT COMPENSATION AND a nationwide public safety interoperable Supporting Unemployed Workers Act of 2011, CERTAIN EXTENDED BENEFITS PROVI- broadband network. Funds deposited with establishes an account under section 4002(b), SIONS, AND ESTABLISHMENT OF SELF- the Public Safety Broadband Corporation commences receiving the amounts described EMPLOYMENT ASSISTANCE PROGRAM shall be available after submission of a five- in section 4002(c), commences receiving the year budget by the Corporation and approval SEC. 311. EXTENSION OF EMERGENCY UNEM- amounts described in section 4002(d), or com- by the Secretary of Commerce, in consulta- PLOYMENT COMPENSATION PRO- GRAM. mences receiving the amounts described in tion with the Secretary of Homeland Secu- subsection 4002(e), whichever occurs first. rity, Director of the Office of Management (a) IN GENERAL.—Section 4007 of the Sup- plemental Appropriations Act, 2008 (Public Such services and activities shall be pro- and Budget and Attorney General of the vided by the staff of the State agency re- United States. Law 110–252; 26 U.S.C. 3304 note), is amend- ed— sponsible for administration of the State un- (5) PUBLIC SAFETY RESEARCH AND DEVELOP- employment compensation law or the Wag- MENT.—After approval by the Office of Man- (1) by striking ‘‘January 3, 2012’’ each place it appears and inserting ‘‘January 3, 2013’’; ner-Peyser Act from funds available pursu- agement and Budget of a spend plan devel- ant to section 4004(c)(2) and may also be pro- oped by the Director of NIST, a Wireless In- (2) in the heading for subsection (b)(2), by striking ‘‘January 3, 2012’’ and inserting vided from funds available under the Wag- novation (WIN) Fund of up to $300,000,000 ner-Peyser Act. shall be made available for use by the Direc- ‘‘January 3, 2013’’; and (3) in subsection (b)(3), by striking ‘‘June 9, ‘‘(2) DESCRIPTION OF SERVICES AND ACTIVI- tor of NIST to carry out the research pro- TIES.—The reemployment services and in- gram established under section 296 and be 2012’’ and inserting ‘‘June 8, 2013’’. (b) FUNDING.—Section 4004(e)(1) of the Sup- person reemployment and eligibility assess- available until expended. If less than ment activities provided to individuals re- $300,000,000 is approved by the Office of Man- plemental Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note), is amend- ceiving emergency unemployment compensa- agement and Budget, the remainder shall be tion described in paragraph (1)— transferred to the Public Safety Broadband ed— (1) in subparagraph (F), by striking ‘‘and’’ ‘‘(A) shall include— Corporation established in section 284 and be ‘‘(i) the provision of labor market and ca- available for duties set forth under section at the end; and (2) by inserting after subparagraph (G) the reer information; 288 to deploy and operate a nationwide public ‘‘(ii) an assessment of the skills of the indi- safety interoperable broadband network. following: ‘‘(H) the amendments made by section 101 vidual; (6) DEFICIT REDUCTION.—Any amounts re- of the Supporting Unemployed Workers Act ‘‘(iii) orientation to the services available maining after the deduction of the amounts through the One-Stop centers established required under paragraphs (1) through (5) of 2011; and’’. (c) EFFECTIVE DATE.—The amendments under title I of the Workforce Investment shall be deposited in the General Fund of the made by this section shall take effect as if Act of 1998; Treasury, where such amounts shall be dedi- included in the enactment of the Unemploy- ‘‘(iv) job search counseling and the devel- cated for the sole purpose of deficit reduc- ment Compensation Extension Act of 2010 opment or review of an individual reemploy- tion. (Public Law 111–205). ment plan that includes participation in job SEC. 298. FCC REPORT ON EFFICIENT USE OF SEC. 312. TEMPORARY EXTENSION OF EXTENDED search activities and appropriate workshops PUBLIC SAFETY SPECTRUM. BENEFIT PROVISIONS. and may include referrals to appropriate (a) IN GENERAL.—Not later than 180 days (a) IN GENERAL.—Section 2005 of the Assist- training services; and after the date of the enactment of this sub- ance for Unemployed Workers and Strug- ‘‘(v) review of the eligibility of the indi- title and every 2 years thereafter, the Com- gling Families Act, as contained in Public vidual for emergency unemployment com- mission shall, in consultation with the As- Law 111–5 (26 U.S.C. 3304 note), is amended— pensation relating to the job search activi- sistant Secretary and the Director of NIST, (1) by striking ‘‘January 4, 2012’’ each place ties of the individual; and conduct a study and submit to the appro- it appears and inserting ‘‘January 4, 2013’’; ‘‘(B) may include the provision of— priate committees of Congress a report on (2) in the heading for subsection (b)(2), by ‘‘(i) comprehensive and specialized assess- the spectrum allocated for public safety use. striking ‘‘JANUARY 4, 2012’’ and inserting ments; (b) CONTENTS.—The report required by sub- ‘‘JANUARY 4, 2013’’; and ‘‘(ii) individual and group career coun- section (a) shall include— (3) in subsection (c), by striking ‘‘June 11, seling; and (1) an examination of how such spectrum is 2012’’ and inserting ‘‘June 11, 2013’’. ‘‘(iii) additional reemployment services. being used; (b) EXTENSION OF MATCHING FOR STATES ‘‘(3) PARTICIPATION REQUIREMENT.—As a (2) recommendations on how such spec- WITH NO WAITING WEEK.—Section 5 of the condition of continuing eligibility for emer- trum may be used more efficiently; Unemployment Compensation Extension Act gency unemployment compensation for any (3) an assessment of the feasibility of pub- of 2008 (Public Law 110–449; 26 U.S.C. 3304 week, an individual who has been referred to lic safety entities relocating from other note) is amended by striking ‘‘June 10, 2012’’ reemployment services or reemployment and bands to the public safety broadband spec- and inserting ‘‘June 9, 2013’’. eligibility assessment activities under this trum; and (c) EXTENSION OF MODIFICATION OF INDICA- subsection shall participate, or shall have (4) an assessment of whether any spectrum TORS UNDER THE EXTENDED BENEFIT PRO- completed participation in, such services or made available by the relocation described GRAM.—Section 502 of the Tax Relief, Unem- activities, unless the State agency respon- in paragraph (3) could be returned to the ployment Insurance Reauthorization, and sible for the administration of State unem- Commission for reassignment through auc- Job Creation Act of 2010 (Public Law 111–312; ployment compensation law determines that tion, including through use of incentive auc- 26 U.S.C. 3304 note) is amended— there is justifiable cause for failure to par- tion authority under subparagraph (G) of (1) in subsection (a) by striking ‘‘December ticipate or complete such services or activi- section 309(j)(8) of the Communications Act 31, 2011’’ and inserting ‘‘December 31, 2012’’; ties, as defined in guidance to be issued by of 1934 (47 U.S.C. 309(j)(8)), as added by sec- and the Secretary of Labor.’’. tion 273(a). (2) in subsection (b)(2) by striking ‘‘Decem- (2) ISSUANCE OF GUIDANCE.—Not later than SEC. 299. PUBLIC SAFETY ROAMING AND PRI- ber 31, 2011’’ and inserting ‘‘December 31, 30 days after the date of enactment of this ORITY ACCESS. 2012’’. Act, the Secretary shall issue guidance on The Commission may adopt rules, if nec- (d) EFFECTIVE DATE.—The amendments the implementation of the reemployment essary in the public interest, to improve the made by this section shall take effect as if services and reemployment and eligibility

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assessments activities required to be pro- ‘‘(B) PAYMENT OF ALLOWANCES.—The self- as may be necessary to pay wages for such vided under the amendments made by para- employment assistance allowance described individual as authorized under section graph (1). in subparagraph (A) shall be paid for up to 26 204(b)(1) of such Act.’’. (b) FUNDING.— weeks to an eligible individual from such in- SEC. 316. ADDITIONAL EXTENDED UNEMPLOY- (1) IN GENERAL.—Section 4004(c) of the Sup- dividual’s emergency unemployment com- MENT BENEFITS UNDER THE RAIL- plemental Appropriations Act, 2008 (Public pensation account described in section 4002, ROAD UNEMPLOYMENT INSURANCE Law 110–252; 26 U.S.C. 3304 note), is amend- and the amount in such account shall be re- ACT. ed— duced accordingly. (a) EXTENSION.—Section 2(c)(2)(D)(iii) of (A) by striking ‘‘There’’ and inserting ‘‘(1) ‘‘(2) DEFINITION OF ‘SELF-EMPLOYMENT AS- the Railroad Unemployment Insurance Act, as added by section 2006 of the American Re- ADMINISTRATION.—There’’; and SISTANCE PROGRAM’.—For the purposes of this covery and Reinvestment Act of 2009 (Public (B) by inserting the following new para- title, the term ‘self-employment assistance Law 111–5) and as amended by section 9 of graph: program’ means a program as defined under the Worker, Homeownership, and Business ‘‘(2) REEMPLOYMENT SERVICES AND REEM- section 3306(t) of the Internal Revenue Code Assistance Act of 2009 (Public Law 111–92), is PLOYMENT AND ELIGIBILITY ASSESSMENT AC- of 1986 (26 U.S.C. 3306(t)), except as follows: amended— TIVITIES.— ‘‘(A) all references to ‘regular unemploy- (1) by striking ‘‘June 30, 2011’’ and insert- ‘‘(A) APPROPRIATION.—There are appro- ment compensation under the State law’ ing ‘‘June 30, 2012’’; and priated from the general fund of the Treas- shall be deemed to refer instead to ‘emer- (2) by striking ‘‘December 31, 2011’’ and in- ury, without fiscal year limitation, out of gency unemployment compensation under serting ‘‘December 31, 2012’’. the employment security administration ac- title IV of the Supplemental Appropriations (b) CLARIFICATION ON AUTHORITY TO USE count as established by section 901(a) of the Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 FUNDS.—Funds appropriated under either the Social Security Act, such sums as deter- note)’; ‘‘(B) paragraph (3)(B) shall not apply; first or second sentence of clause (iv) of sec- mined by the Secretary of Labor in accord- tion 2(c)(2)(D) of the Railroad Unemploy- ance with subparagraph (B) to assist States ‘‘(C) clause (i) of paragraph (3)(C) shall be deemed to state as follows: ment Insurance Act shall be available to in providing reemployment services and re- cover the cost of additional extended unem- employment and eligibility assessment ac- ‘‘ ‘(i) include any entrepreneurial training that the State may provide in coordination ployment benefits provided under such sec- tivities described in section 4001(h)(2). tion 2(c)(2)(D) by reason of the amendments ‘‘(B) DETERMINATION OF TOTAL AMOUNT.— with programs of training offered by the Small Business Administration, which may made by subsection (a) as well as to cover The amount referred to in subparagraph (A) the cost of such benefits provided under such is the amount the Secretary estimates is include business counseling, mentorship for participants, access to small business devel- section 2(c)(2)(D), as in effect on the day be- equal to— fore the date of the enactment of this Act. ‘‘(i) the number of individuals who will re- opment resources, and technical assistance; PART II—REEMPLOYMENT NOW ceive reemployment services and reemploy- and’; PROGRAM ment eligibility and assessment activities ‘‘(D) the reference to ‘5 percent’ in para- described in section 4001(h)(2) in all States graph (4) shall be deemed to refer instead to SEC. 321. ESTABLISHMENT OF REEMPLOYMENT NOW PROGRAM. through the date specified in section ‘1 percent’; and (a) IN GENERAL.—There is hereby estab- 4007(b)(3), multiplied by ‘‘(E) paragraph (5) shall not apply. lished the Reemployment NOW program to ‘‘(ii) $200. ‘‘(3) AVAILABILITY OF SELF-EMPLOYMENT AS- SISTANCE ALLOWANCES be carried out by the Secretary of Labor in ISTRIBUTION AMONG STATES.—Of the .—In the case of an in- ‘‘(C) D accordance with this part in order to facili- amounts appropriated under subparagraph dividual who has received any emergency un- tate the reemployment of individuals who (A), the Secretary of Labor shall distribute employment compensation payment under are receiving emergency unemployment amounts to each State, in accordance with this title, such individual shall not receive compensation under title IV of the Supple- section 4003(c), that the Secretary estimates self-employment assistance allowances mental Appropriations Act, 2008 (Public Law is equal to— under this subsection unless the State agen- 110–252; 26 U.S.C. 3304 note) (hereafter in this ‘‘(i) the number of individuals who will re- cy has a reasonable expectation that such in- dividual will be entitled to at least 26 times part referred to as ‘‘EUC claimants’’). ceive reemployment services and reemploy- (b) AUTHORIZATION AND APPROPRIATION.— ment and eligibility assessment activities the individual’s average weekly benefit amount of emergency unemployment com- There are authorized to be appropriated and described in section 4001(h)(2) in such State appropriated from the general fund of the through the date specified in section pensation. ‘‘(4) PARTICIPANT OPTION TO TERMINATE Treasury for fiscal year 2012 $4,000,000,000 to 4007(b)(3), multiplied by carry out the Reemployment NOW program ‘‘(ii) $200.’’. PARTICIPATION IN SELF-EMPLOYMENT ASSIST- ANCE PROGRAM under this part. (2) TRANSFER OF FUNDS.—Section 4004(e) of .— SEC. 322. DISTRIBUTION OF FUNDS. the Supplemental Appropriations Act, 2008 ‘‘(A) TERMINATION.—An individual who is (a) IN GENERAL.—Of the funds appropriated (Public Law 110–252; 26 U.S.C. 3304 note), is participating in a State’s self-employment assistance program may opt to discontinue under section 321(b) to carry out this part, amended— the Secretary of Labor shall— (A) in paragraph (2), by striking the period participation in such program. ‘‘(B) CONTINUED ELIGIBILITY FOR EMERGENCY (1) reserve up to 1 percent for the costs of and inserting ‘‘; and’’; and Federal administration and for carrying out (B) by inserting the following paragraph UNEMPLOYMENT COMPENSATION.—An indi- vidual whose participation in the self-em- rigorous evaluations of the activities con- (3): ducted under this part; and ‘‘(3) to the Employment Ssecurity Admin- ployment assistance program is terminated as described in paragraph (1) or who has com- (2) allot the remainder of the funds not re- istration account (as established by section served under paragraph (1) in accordance 901(a) of the Social Security Act) such sums pleted participation in such program, and who continues to meet the eligibility re- with the requirements of subsection (b) and as the Secretary of Labor determines to be (c) to States that have approved plans under necessary in accordance with subsection quirements for emergency unemployment compensation under this title, shall receive section 323. (c)(2) to assist States in providing reemploy- (b) ALLOTMENT FORMULA.— ment services and reemployment eligibility emergency unemployment compensation payments with respect to subsequent weeks (1) FORMULA FACTORS.—The Secretary of and assessment activities described in sec- Labor shall allot the funds available under tion 4001(h)(2).’’. of unemployment, to the extent that amounts remain in the account established subsection (a)(2) as follows: SEC. 314. FEDERAL-STATE AGREEMENTS TO AD- for such individual under section 4002(b) or (A) two-thirds of such funds shall be allot- MINISTER A SELF-EMPLOYMENT AS- ted on the basis of the relative number of un- SISTANCE PROGRAM. to the extent that such individual com- mences receiving the amounts described in employed individuals in each State, com- Section 4001 of the Supplemental Appro- subsections (c), (d), or (e) of such section, re- pared to the total number of unemployed in- priations Act, 2008 (Public Law 110–252; 26 spectively.’’. dividuals in all States; and U.S.C. 3304 note), as amended by section 313, (B) one-third of such funds shall be allotted is further amended by inserting a new sub- SEC. 315. CONFORMING AMENDMENT ON PAY- MENT OF BRIDGE TO WORK WAGES. on the basis of the relative number of indi- section (i) as follows: Section 4001 of the Supplemental Appro- viduals in each State who have been unem- ‘‘(i) AUTHORITY TO CONDUCT SELF-EMPLOY- priations Act, 2008 (Public Law 110–252; 26 ployed for 27 weeks or more, compared to the MENT ASSISTANCE PROGRAM.— U.S.C. 3304 note), as amended by section 103, total number of individuals in all States who ‘‘(1) IN GENERAL.— is further amended by inserting a new sub- have been unemployed for 27 weeks or more. ‘‘(A) ESTABLISHMENT.—Any agreement section (j) as follows: (2) CALCULATION.—For purposes of para- under subsection (a) may provide that the ‘‘(j) AUTHORIZATION TO PAY WAGES FOR graph (1), the number of unemployed individ- State agency of the State shall establish a PURPOSES OF A BRIDGE TO WORK PROGRAM.— uals and the number of individuals unem- self-employment assistance program de- Any State that establishes a Bridge to Work ployed for 27 weeks or more shall be based on scribed in paragraph (2), to provide for the program under section 204 of the Supporting the data for the most recent 12-month pe- payment of emergency unemployment com- Unemployed Workers Act of 2011 is author- riod, as determined by the Secretary. pensation as self-employment assistance al- ized to deduct from an emergency unemploy- (c) REALLOTMENT.— lowances to individuals who meet the eligi- ment compensation account established for (1) FAILURE TO SUBMIT STATE PLAN.—If a bility criteria specified in subsection (b). such individual under section 4002 such sums State does not submit a State plan by the

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

VerDate Mar 15 2010 03:46 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.043 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6260 CONGRESSIONAL RECORD — SENATE October 5, 2011 program, the State involved shall describe in with the terms of a collective bargaining (2) the wages received by the worker for re- the approved State plan the means by which agreement shall be undertaken without the employment. such State shall ensure workers’ compensa- written concurrence of the labor organiza- (c) INDIVIDUAL ELIGIBILITY.—The benefits tion or equivalent coverage for all individ- tion that is signatory to the collective bar- described in subsection (b) may be paid to an uals who participate in the program; gaining agreement. individual who is an EUC claimant at the (ii) to pay compensation to a participating (j) LIMITATION ON EMPLOYER PARTICIPA- time such individual obtains reemployment individual that is in addition to the amounts TION.—If, after 24 weeks of participation in and who— described in subsections (c)(1) and (e) as the program, an employer has not made an (1) is at least 50 years of age; wages for work performed; offer of suitable long-term employment to (2) earns not more than $50,000 per year in (iii) to provide supportive services, such as any individual described under subsection wages from reemployment; transportation, child care, and dependent (c)(1) who was placed with such employer and (3) is employed on a full-time basis as de- care, that would enable individuals to par- has completed the program, a State shall bar fined by the law of the State; and ticipate in the program; such employer from further participation in (4) is not employed by the employer from (iv) for the administration and oversight of the program. States may impose additional which the individual was last separated. the program; and conditions on participating employers to en- (d) TOTAL AMOUNT OF PAYMENTS.—A State (v) to fulfill additional program require- sure that an appropriate number of partici- shall establish a maximum amount of pay- ments included in the approved State plan. pants receive offers of suitable long term ments per individual for purposes of pay- (e) PAYMENT OF AUGMENTED WAGES IF NEC- employment. ments described in subsection (b) during the ESSARY.—In the event that the wages de- (k) FAILURE TO MEET PROGRAM REQUIRE- eligibility period described in such sub- scribed in subsection (c)(1) are not sufficient MENTS.—If a State makes a determination section. to equal or exceed the minimum wages that based on information provided to the State, (e) NON-DISCRIMINATION REGARDING are required to be paid by an employer under or acquired by the State by means of its ad- WAGES.—An employer shall not pay a worker section 6(a)(1) of the Fair Labor Standards ministration and oversight functions, that a described in subsection (c) less than such em- Act of 1938 (29 U.S.C. 206(a)(1)) or the applica- participating employer under this section ployer pays to a regular worker in the same ble State or local minimum wage law, which- has violated a requirement of this section, or substantially equivalent position. ever is higher, a State shall pay augmented the State shall bar such employer from fur- SEC. 326. ENHANCED REEMPLOYMENT STRATE- wages to a program participant in any ther participation in the program. The State GIES. amount necessary to cover the difference be- shall establish a process whereby an indi- (a) IN GENERAL.—A State may use funds al- tween— vidual described in subsection (c)(1), or any lotted under this part to provide a program (1) such minimum wages amount; and other affected individual or entity, may file of enhanced reemployment services to EUC (2) the wages payable under subsection a complaint with the State relating to a vio- claimants. In addition to the provision of (c)(1). lation of any requirement or prohibition services to such claimants, the program may (f) EFFECT OF WAGES ON ELIGIBILITY FOR under this section. include the provision of reemployment serv- OTHER PROGRAMS.—None of the wages paid (l) PARTICIPANT OPTION TO TERMINATE PAR- ices to individuals who are unemployed and under this section shall be considered as in- TICIPATION IN BRIDGE TO WORK PROGRAM.— have exhausted their rights to emergency come for the purposes of determining eligi- (1) TERMINATION.—An individual who is unemployment compensation under title IV bility for and the amount of income transfer participating in a program described in sub- of the Supplemental Appropriations Act, and in-kind aid furnished under any Federal section (b) may opt to discontinue participa- 2008, (Public Law 110–252; 26 U.S.C. 3304 note). or federally assisted program based on need. tion in such program. The program shall provide reemployment (g) EFFECT OF WAGES, WORK ACTIVITIES, (2) CONTINUED ELIGIBILITY FOR EMERGENCY services that are more intensive than the re- AND PROGRAM PARTICIPATION ON CONTINUING UNEMPLOYMENT COMPENSATION.—An indi- employment services provided by the State ELIGIBILITY FOR EMERGENCY UNEMPLOYMENT vidual who opts to discontinue participation prior to the receipt of the allotment under COMPENSATION.—Any wages paid under this in such program, is terminated from such this part. section and any additional wages paid by an program by a participating employer, or who (b) TYPES OF SERVICES.—The enhanced re- employer to an individual described in sub- has completed participation in such pro- employment services described in subsection section (c)(1), and any work activities per- gram, and who continues to meet the eligi- (a) may include services such as— formed by such individual as a participant in bility requirements for emergency unem- (1) assessments, counseling, and other in- the program, shall not be construed so as to ployment compensation under title IV of the tensive services that are provided by staff on render such individual ineligible to receive Supplemental Appropriations Act, 2008 (Pub- a one-to-one basis and may be customized to emergency unemployment compensation lic Law 110–252; 26 U.S.C. 3304 note), shall re- meet the reemployment needs of EUC claim- under title IV of the Supplemental Appro- ceive emergency unemployment compensa- ants and individuals described in subsection priations Act, 2008 (Public Law 110–252; 26 tion payments with respect to subsequent (a); U.S.C. 3304 note). weeks of unemployment, to the extent that (2) comprehensive assessments designed to (h) NONDISPLACEMENT OF EMPLOYEES.— amounts remain in the account established identify alternative career paths; (1) PROHIBITION.—An employer shall not for such individual under section 4002(b) of (3) case management; use a program participant to displace (in- such Act or to the extent that such indi- (4) reemployment services that are pro- cluding a partial displacement, such as a re- vidual commences receiving the amounts de- vided more frequently and more intensively duction in the hours of non-overtime work, scribed in subsections (c), (d), or (e) of such than such reemployment services have pre- wages, or employment benefits) any current section, respectively. viously been provided by the State; and employee (as of the date of the participa- (m) EFFECT OF OTHER LAWS.—Unless other- (5) services that are designed to enhance tion). wise provided in this section, nothing in this communication skills, interviewing skills, (2) OTHER PROHIBITIONS.—An employer section shall be construed to alter or affect and other skills that would assist in obtain- shall not permit a program participant to the rights or obligations under any Federal, ing reemployment. perform work activities related to any job State, or local laws with respect to any indi- SEC. 327. SELF-EMPLOYMENT PROGRAMS. for which— vidual described in subsection (c)(1) and with A State may use funds allotted to the (A) any other individual is on layoff from respect to any participating employer under State under this part, in an amount specified the same or any substantially equivalent po- this section. under an approved State plan, for the admin- sition; (n) TREATMENT OF PAYMENTS.—All wages istrative costs associated with starting up (B) the employer has terminated the em- or other payments to an individual under the self-employment assistance program de- ployment of any employee or otherwise re- this section shall be treated as payments of scribed in section 4001(i) of the Supplemental duced the workforce of the employer with unemployment insurance for purposes of sec- Appropriations Act, 2008, (Public Law 110– the intention of filling or partially filling tion 209 of the Social Security Act (42 U.S.C. 252; 26 U.S.C. 3304 note). the vacancy so created with the work activi- 409) and for purposes of subtitle A and sec- SEC. 328. ADDITIONAL INNOVATIVE PROGRAMS. ties to be performed by a program partici- tions 3101 and 3111 of the Internal Revenue (a) IN GENERAL.—A State may use funds al- pant; Code of 1986. lotted under this part to provide a program (C) there is a strike or lock out at the SEC. 325. WAGE INSURANCE. for innovative activities, which use a strat- worksite that is the participant’s place of (a) IN GENERAL.—A State may use the egy that is different from the reemployment employment; or funds allotted to the State under this part to strategies described in sections 324–327 and (D) the job is created in a manner that will provide a wage insurance program for EUC which are designed to facilitate the reem- infringe in any way upon the promotional claimants. ployment of EUC claimants. In addition to opportunities of currently employed individ- (b) BENEFITS.—The wage insurance pro- the provision of activities to such claimants, uals (as of the date of the participation). gram provided under this section may use the program may include the provision of ac- (i) PROHIBITION ON IMPAIRMENT OF CON- funds allotted to the State under this part to tivities to individuals who are unemployed TRACTS.—An employer shall not, by means of pay, for a period not to exceed 2 years, to a and have exhausted their rights to emer- assigning work activities under this section, worker described in subsection (c), up to 50 gency unemployment compensation under impair an existing contract for services or a percent of the difference between— title IV of the Supplemental Appropriations collective bargaining agreement, and no (1) the wages received by the worker at the Act, 2008, (Public Law 110–252; 26 U.S.C. 3304 such activity that would be inconsistent time of separation; and note).

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

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(2) THREE-YEAR FUNDING LIMITATION FOR ployer will pay the State an amount equal to pensation programs (as defined in subsection COMBINED PAYMENTS UNDER THIS SECTION AND one-half of the amount of short-time com- (i)(2)) for the purpose of implementation or SECTION 343.—States may receive payments pensation paid under such plan. Such improved administration of such programs. under this section and section 343 with re- amount shall be deposited in the State’s un- (2) FOR PROMOTION AND ENROLLMENT.—The spect to a total of not more than 156 weeks. employment fund and shall not be used for Secretary shall award grants to States that (c) TWO-YEAR TRANSITION PERIOD FOR EX- purposes of calculating an employer’s con- are eligible and submit plans for a grant ISTING PROGRAMS.—During any period that tribution rate under section 3303(a)(1) of the under paragraph (1) for such States to pro- the transition provision under section Internal Revenue Code of 1986. mote and enroll employers in short-time 341(a)(3) is applicable to a State with respect (c) PAYMENTS TO STATES.— compensation programs (as so defined). to a short-time compensation program, such (1) IN GENERAL.—There shall be paid to (3) ELIGIBILITY.— State shall be eligible for payments under each State with an agreement under this sec- (A) IN GENERAL.—The Secretary shall de- this section. Subject to paragraphs (1)(B) and tion an amount equal to— termine eligibility criteria for the grants (2) of subsection (b), if at any point after the (A) one-half of the amount of short-time under paragraphs (1) and (2). date of the enactment of this Act the State compensation paid to individuals by the (B) CLARIFICATION.—A State administering enacts a State law providing for the payment State pursuant to such agreement; and a short-time compensation program, includ- of short-time compensation under a short- (B) any additional administrative expenses ing a program being administered by a State time compensation program that meets the incurred by the State by reason of such that is participating in the transition under definition of such a program under section agreement (as determined by the Secretary). the provisions of sections 341(a)(3) and 342(c), 3306(v) of the Internal Revenue Code of 1986, (2) TERMS OF PAYMENTS.—Payments made that does not meet the definition of a short- as added by section 341(a), the State shall be to a State under paragraph (1) shall be pay- time compensation program under section eligible for payments under this section able by way of reimbursement in such 3306(v) of the Internal Revenue Code of 1986 after the effective date of such enactment. amounts as the Secretary estimates the (as added by 341(a)), and a State with an (d) FUNDING AND CERTIFICATIONS.— State will be entitled to receive under this agreement under section 343, shall not be eli- (1) FUNDING.—There are appropriated, out section for each calendar month, reduced or gible to receive a grant under this section of moneys in the Treasury not otherwise ap- increased, as the case may be, by any until such time as the State law of the State propriated, such sums as may be necessary amount by which the Secretary finds that provides for payments under a short-time for purposes of carrying out this section. the Secretary’s estimates for any prior cal- compensation program that meets such defi- (2) CERTIFICATIONS.—The Secretary shall endar month were greater or less than the nition and such law. from time to time certify to the Secretary of amounts which should have been paid to the (b) AMOUNT OF GRANTS.— the Treasury for payment to each State the State. Such estimates may be made on the sums payable to such State under this sec- (1) IN GENERAL.—The maximum amount basis of such statistical, sampling, or other available for making grants to a State under tion. method as may be agreed upon by the Sec- (e) DEFINITIONS.—In this section: paragraphs (1) and (2) shall be equal to the retary and the State agency of the State in- amount obtained by multiplying $700,000,000 (1) SECRETARY.—The term ‘‘Secretary’’ volved. means the Secretary of Labor. (less the amount used by the Secretary (3) FUNDING.—There are appropriated, out under subsection (e)) by the same ratio as (2) STATE; STATE AGENCY; STATE LAW.—The of moneys in the Treasury not otherwise ap- terms ‘‘State’’, ‘‘State agency’’, and ‘‘State would apply under subsection (a)(2)(B) of sec- propriated, such sums as may be necessary tion 903 of the Social Security Act (42 U.S.C. law’’ have the meanings given those terms in for purposes of carrying out this section. section 205 of the Federal-State Extended 1103) for purposes of determining such (4) CERTIFICATIONS.—The Secretary shall Unemployment Compensation Act of 1970 (26 State’s share of any excess amount (as de- from time to time certify to the Secretary of scribed in subsection (a)(1) of such section) U.S.C. 3304 note). the Treasury for payment to each State the SEC. 343. TEMPORARY FINANCING OF SHORT- that would have been subject to transfer to sums payable to such State under this sec- State accounts, as of October 1, 2010, under TIME COMPENSATION AGREEMENTS. tion. EDERAL TATE GREEMENTS the provisions of subsection (a) of such sec- (a) F -S A .— (d) APPLICABILITY.— N GENERAL tion. (1) I .—Any State which desires (1) IN GENERAL.—An agreement entered (2) AMOUNT AVAILABLE FOR DIFFERENT to do so may enter into, and participate in, into under this section shall apply to weeks GRANTS.—Of the maximum incentive pay- an agreement under this section with the of unemployment— Secretary provided that such State’s law ment determined under paragraph (1) with (A) beginning on or after the date on which respect to a State— does not provide for the payment of short- such agreement is entered into; and time compensation under a short-time com- (A) one-third shall be available for a grant (B) ending on or before the date that is 2 under subsection (a)(1); and pensation program (as defined in section years and 13 weeks after the date of the en- 3306(v) of the Internal Revenue Code of 1986, (B) two-thirds shall be available for a grant actment of this Act. under subsection (a)(2). as added by section 341(a)). (2) TWO-YEAR FUNDING LIMITATION.—States (c) GRANT APPLICATION AND DISBURSAL.— (2) ABILITY TO TERMINATE.—Any State may receive payments under this section (1) APPLICATION.—Any State seeking a which is a party to an agreement under this with respect to a total of not more than 104 grant under paragraph (1) or (2) of subsection section may, upon providing 30 days’ written weeks. (a) shall submit an application to the Sec- notice to the Secretary, terminate such (e) SPECIAL RULE.—If a State has entered agreement. into an agreement under this section and retary at such time, in such manner, and (b) PROVISIONS OF FEDERAL-STATE AGREE- subsequently enacts a State law providing complete with such information as the Sec- MENT.— for the payment of short-time compensation retary may require. In no case may the Sec- (1) IN GENERAL.—Any agreement under this under a short-time compensation program retary award a grant under this section with section shall provide that the State agency that meets the definition of such a program respect to an application that is submitted of the State will make payments of short- under section 3306(v) of the Internal Revenue after December 31, 2014. time compensation under a plan approved by Code of 1986, as added by section 341(a), the (2) NOTICE.—The Secretary shall, within 30 the State. Such plan shall provide that pay- State— days after receiving a complete application, ments are made in accordance with the re- (1) shall not be eligible for payments under notify the State agency of the State of the quirements under section 3306(v) of the Inter- this section for weeks of unemployment be- Secretary’s findings with respect to the re- nal Revenue Code of 1986, as added by section ginning after the effective date of such State quirements for a grant under paragraph (1) 341(a). law; and or (2) (or both) of subsection (a). (2) LIMITATIONS ON PLANS.— (2) subject to paragraphs (1)(B) and (2) of (3) CERTIFICATION.—If the Secretary finds (A) GENERAL PAYMENT LIMITATIONS.—A section 342(b), shall be eligible to receive that the State law provisions meet the re- short-time compensation plan approved by a payments under section 342 after the effec- quirements for a grant under subsection (a), State shall not permit the payment of short- tive date of such State law. the Secretary shall thereupon make a cer- time compensation to an individual by the (f) DEFINITIONS.—In this section: tification to that effect to the Secretary of State during a benefit year in excess of 26 (1) SECRETARY.—The term ‘‘Secretary’’ the Treasury, together with a certification times the amount of regular compensation means the Secretary of Labor. as to the amount of the grant payment to be (including dependents’ allowances) under the (2) STATE; STATE AGENCY; STATE LAW.—The transferred to the State account in the Un- State law payable to such individual for a terms ‘‘State’’, ‘‘State agency’’, and ‘‘State employment Trust Fund (as established in week of total unemployment. law’’ have the meanings given those terms in section 904(a) of the Social Security Act (42 (B) EMPLOYER LIMITATIONS.—A short-time section 205 of the Federal-State Extended U.S.C. 1104(a))) pursuant to that finding. The compensation plan approved by a State shall Unemployment Compensation Act of 1970 (26 Secretary of the Treasury shall make the ap- not provide payments to an individual if U.S.C. 3304 note). propriate transfer to the State account with- such individual is employed by the partici- SEC. 344. GRANTS FOR SHORT-TIME COMPENSA- in 7 days after receiving such certification. pating employer on a seasonal, temporary, TION PROGRAMS. (4) REQUIREMENT.—No certification of com- or intermittent basis. (a) GRANTS.— pliance with the requirements for a grant (3) EMPLOYER PAYMENT OF COSTS.—Any (1) FOR IMPLEMENTATION OR IMPROVED AD- under paragraph (1) or (2) of subsection (a) short-time compensation plan entered into MINISTRATION.—The Secretary shall award may be made with respect to any State by an employer must provide that the em- grants to States that enact short-time com- whose—

VerDate Mar 15 2010 03:46 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.044 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6263 (A) State law is not otherwise eligible for (3) establish reporting requirements for educational credential for at least 6 months certification under section 303 of the Social States, including reporting on— whether or not consecutive during the 1-year Security Act (42 U.S.C. 503) or approvable (A) the number of estimated averted lay- period ending on the hiring date.’’; and under section 3304 of the Internal Revenue offs; (3) renumbering current paragraphs (11) Code of 1986; or (B) the number of participating employers through (14) as paragraphs (12) through (15). (B) short-time compensation program is and workers; and (c) SIMPLIFIED CERTIFICATION.—Section subject to discontinuation or is not sched- (C) such other items as the Secretary of 51(d) of the Internal Revenue Code is amend- uled to take effect within 12 months of the Labor determines are appropriate. ed by adding a new paragraph 16 as follows: certification. (b) MODEL LANGUAGE AND GUIDANCE.—The ‘‘(16) CREDIT ALLOWED FOR QUALIFIED LONG (d) USE OF FUNDS.—The amount of any model language and guidance developed TERM UNEMPLOYED INDIVIDUALS.— grant awarded under this section shall be under subsection (a) shall allow sufficient ‘‘(A) IN GENERAL.—Any qualified long term used for the implementation of short-time flexibility by States and participating em- unemployed individual under paragraph (11) compensation programs and the overall ad- ployers while ensuring accountability and will be treated as certified by the designated ministration of such programs and the pro- program integrity. local agency as having aggregate periods of motion and enrollment efforts associated (c) CONSULTATION.—In developing the unemployment if— with such programs, such as through— model legislative language and guidance ‘‘(i) the individual is certified by the des- (1) the creation or support of rapid re- under subsection (a), and in order to meet ignated local agency as being in receipt of sponse teams to advise employers about al- the requirements of subsection (b), the Sec- unemployment compensation under State or ternatives to layoffs; retary shall consult with employers, labor Federal law for not less than 6 months dur- (2) the provision of education or assistance organizations, State workforce agencies, and ing the 1-year period ending on the hiring to employers to enable them to assess the other program experts. date. feasibility of participating in short-time SEC. 346. REPORTS. ‘‘(B) REGULATORY AUTHORITY.—The Sec- retary in his discretion may provide alter- compensation programs; and (a) REPORT.— native methods for certification.’’. (3) the development or enhancement of sys- (1) IN GENERAL.—Not later than 4 years (d) CREDIT MADE AVAILABLE TO TAX-EX- tems to automate— after the date of the enactment of this Act, EMPT EMPLOYERS IN CERTAIN CIR- (A) the submission and approval of plans; the Secretary of Labor shall submit to Con- and CUMSTANCES.—Section 52(c) of the Internal gress and to the President a report or reports Revenue Code is amended— (B) the filing and approval of new and on- on the implementation of the provisions of going short-time compensation claims. (1) by striking the word ‘‘No’’ at the begin- this Act. ning of the section and replacing it with (e) ADMINISTRATION.—The Secretary is au- (2) REQUIREMENTS.—Any report under para- thorized to use 0.25 percent of the funds ‘‘Except as provided in this subsection, no’’; graph (1) shall at a minimum include the fol- and available under subsection (g) to provide for lowing: outreach and to share best practices with re- (2) the following new paragraphs are in- (A) A description of best practices by serted at the end of section 52(c)— spect to this section and short-time com- States and employers in the administration, pensation programs. ‘‘(1) IN GENERAL.—In the case of a tax-ex- promotion, and use of short-time compensa- empt employer, there shall be treated as a (f) RECOUPMENT.—The Secretary shall es- tion programs (as defined in section 3306(v) tablish a process under which the Secretary credit allowable under subpart C (and not al- of the Internal Revenue Code of 1986, as lowable under subpart D) the lesser of— shall recoup the amount of any grant award- added by section 341(a)). ed under paragraph (1) or (2) of subsection (a) ‘‘(A) the amount of the work opportunity (B) An analysis of the significant chal- credit determined under this subpart with if the Secretary determines that, during the lenges to State enactment and implementa- 5-year period beginning on the first date that respect to such employer that is related to tion of short-time compensation programs. the hiring of qualified long term unemployed any such grant is awarded to the State, the (C) A survey of employers in States that State— individuals described in subsection (d)(11); or have not enacted a short-time compensation ‘‘(B) the amount of the payroll taxes of the (1) terminated the State’s short-time com- program or entered into an agreement with pensation program; or employer during the calendar year in which the Secretary on a short-time compensation the taxable year begins. (2) failed to meet appropriate requirements plan to determine the level of interest with respect to such program (as established ‘‘(2) CREDIT AMOUNT.—In calculating tax- among such employers in participating in exempt employers, the work opportunity by the Secretary). short-time compensation programs. (g) FUNDING.—There are appropriated, out credit shall be determined by substituting ‘26 (b) FUNDING.—There are appropriated, out percent’ for ‘40 percent’ in section 51(a) and of moneys in the Treasury not otherwise ap- of any moneys in the Treasury not otherwise propriated, to the Secretary, $700,000,000 to by substituting ‘16.25 percent’ for ‘25 percent’ appropriated, to the Secretary of Labor, in section 51(i)(3)(A). carry out this section, to remain available $1,500,000 to carry out this section, to remain ‘‘(3) TAX-EXEMPT EMPLOYER.—For purposes without fiscal year limitation. available without fiscal year limitation. (h) REPORTING.—The Secretary may estab- of this subtitle, the term ‘tax-exempt em- lish reporting requirements for States re- Subtitle B—Long Term Unemployed Hiring ployer’ means an employer that is— ceiving a grant under this section in order to Preferences ‘‘(A) an organization described in section provide oversight of grant funds. SEC. 351. LONG TERM UNEMPLOYED WORKERS 501(c) and exempt from taxation under sec- (i) DEFINITIONS.—In this section: WORK OPPORTUNITY TAX CREDITS. tion 501(a), or (1) SECRETARY.—The term ‘‘Secretary’’ (a) IN GENERAL.—Paragraph (3) of section ‘‘(B) a public higher education institution means the Secretary of Labor. 51(b) of the Internal Revenue Code is amend- (as defined in section 101 of the Higher Edu- (2) SHORT-TIME COMPENSATION PROGRAM.— ed by inserting ‘‘$10,000 per year in the case cation Act of 1965). The term ‘‘short-time compensation pro- of any individual who is a qualified long ‘‘(4) PAYROLL TAXES.—For purposes of this gram’’ has the meaning given such term in term unemployed individual by reason of subsection— section 3306(v) of the Internal Revenue Code subsection (d)(11), and’’ before ‘‘$12,000 per ‘‘(A) IN GENERAL.—The term ‘payroll taxes’ of 1986, as added by section 341(a). year’’. means— (3) STATE; STATE AGENCY; STATE LAW.—The (b) LONG TERM UNEMPLOYED INDIVIDUALS ‘‘(i) amounts required to be withheld from terms ‘‘State’’, ‘‘State agency’’, and ‘‘State TAX CREDITS.—Paragraph (d) of section 51 of the employees of the tax-exempt employer law’’ have the meanings given those terms in the Internal Revenue Code is amended by— under section 3401(a), section 205 of the Federal-State Extended (1) inserting ‘‘(J) qualified long term un- ‘‘(ii) amounts required to be withheld from Unemployment Compensation Act of 1970 (26 employed individual’’ at the end of para- such employees under section 3101, and U.S.C. 3304 note). graph (d)(1); ‘‘(iii) amounts of the taxes imposed on the SEC. 345. ASSISTANCE AND GUIDANCE IN IMPLE- (2) inserting a new paragraph after para- tax-exempt employer under section 3111.’’. MENTING PROGRAMS. graph (10) as follows— (e) TREATMENT OF POSSESSIONS.— (a) IN GENERAL.—In order to assist States ‘‘(11) QUALIFIED LONG TERM UNEMPLOYED IN- (1) PAYMENTS TO POSSESSIONS.— in establishing, qualifying, and imple- DIVIDUAL.— (A) MIRROR CODE POSSESSIONS.—The Sec- menting short-time compensation programs ‘‘(A) IN GENERAL.—The term ‘qualified long retary of the Treasury shall pay to each pos- (as defined in section 3306(v) of the Internal term unemployed individual’ means any in- session of the United States with a mirror Revenue Code of 1986, as added by section dividual who was not a student for at least 6 code tax system amounts equal to the loss to 341(a)), the Secretary of Labor (in this sec- months during the 1-year period ending on that possession by reason of the application tion referred to as the ‘‘Secretary’’) shall— the hiring date and is certified by the des- of this section (other than this subsection). (1) develop model legislative language ignated local agency as having aggregate pe- Such amounts shall be determined by the which may be used by States in developing riods of unemployment during the 1-year pe- Secretary of the Treasury based on informa- and enacting such programs and periodically riod ending on the hiring date which equal or tion provided by the government of the re- review and revise such model legislative lan- exceed 6 months. spective possession of the United States. guage; ‘‘(B) STUDENT.—For purposes of this sub- (B) OTHER POSSESSIONS.—The Secretary of (2) provide technical assistance and guid- section, a student is an individual enrolled the Treasury shall pay to each possession of ance in developing, enacting, and imple- at least half-time in a program that leads to the United States, which does not have a menting such programs; a degree, certificate, or other recognized mirror code tax system, amounts estimated

VerDate Mar 15 2010 03:46 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.044 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6264 CONGRESSIONAL RECORD — SENATE October 5, 2011 by the Secretary of the Treasury as being strategies and activities of demonstrated ef- 6.5 percent for the most recent 12 months, as equal to the aggregate credits that would fectiveness to unemployed, low-income determined by the Secretary. have been provided by the possession by rea- adults and low-income youth to provide the (B) DISADVANTAGED ADULTS AND YOUTH.— son of the application of this section (other skills and assistance needed to obtain em- The term ‘‘disadvantaged adults and youth’’ than this subsection) if a mirror code tax ployment. means an individual who is age 16 and older system had been in effect in such possession. (b) RESERVATION.—The Secretary of Labor (subject to section 132(b)(1)(B)(v)(I) of the The preceding sentence shall not apply with may reserve not more than 1 percent of Workforce Investment Act of 1998) who re- respect to any possession of the United amounts available to the Fund under each of ceived an income, or is a member of a family States unless such possession has a plan, paragraphs (1)–(3) of subsection (a) for the that received a total family income, that, in which has been approved by the Secretary of costs of technical assistance, evaluations relation to family size, does not exceed the the Treasury, under which such possession and Federal administration of this Act. higher of— will promptly distribute such payments. (c) PERIOD OF AVAILABILITY.—The amounts (i) the poverty line; or (2) COORDINATION WITH CREDIT ALLOWED appropriated under this Act shall be avail- (ii) 70 percent of the lower living standard AGAINST UNITED STATES INCOME TAXES.—No able for obligation by the Secretary of Labor income level. increase in the credit determined under sec- until December 31, 2012, and shall be avail- (C) EXCESS NUMBER.—The term ‘‘excess tion 38(b) of the Internal Revenue Code of able for expenditure by grantees and sub- number’’ means, used with respect to the ex- 1986 that is attributable to the credit pro- grantees until September 30, 2013. cess number of unemployed individuals with- vided by this section (other than this sub- SEC. 364. SUBSIDIZED EMPLOYMENT FOR UNEM- in a State, the higher of— section (e)) shall be taken into account with PLOYED, LOW-INCOME ADULTS. (i) the number that represents the number respect to any person— (a) IN GENERAL.— of unemployed individuals in excess of 4.5 (A) to whom a credit is allowed against (1) ALLOTMENTS.—From the funds available percent of the civilian labor force in the taxes imposed by the possession of the under section 363(a)(1), the Secretary of State; or United States by reason of this section for Labor shall make an allotment under sub- (ii) the number that represents the number such taxable year, or section (b) to each State that has a State of unemployed individuals in excess of 4.5 (B) who is eligible for a payment under a plan approved under subsection (c) and to percent of the civilian labor force in areas of plan described in paragraph (1)(B) with re- each outlying area and Native American substantial unemployment in such State. spect to such taxable year. grantee under section 166 of the Workforce (4) REALLOTMENT.—If the Governor of a (3) DEFINITIONS AND SPECIAL RULES.— Investment Act of 1998 that meets the re- State does not submit a State plan by the (A) POSSESSION OF THE UNITED STATES.—For quirements of this section, for the purpose of time specified in subsection (c), or a State purposes of this subsection (e), the term providing subsidized employment opportuni- does not receive approval of a State plan, the ‘‘possession of the United States’’ includes ties to unemployed, low-income adults. amount the State would have been eligible American Samoa, the Commonwealth of the (2) GUIDANCE.—Not later than 30 days after to receive pursuant to the formula under Northern Mariana Islands, the Common- the date of enactment of this Act, the Sec- paragraph (2) shall be transferred within the wealth of Puerto Rico, Guam, and the United retary of Labor, in coordination with the Fund and added to the amounts available for States Virgin Islands. Secretary of Health and Human Services, the competitive grants under section (B) MIRROR CODE TAX SYSTEM.—For pur- shall issue guidance regarding the implemen- 363(a)(3). poses of this subsection, the term ‘‘mirror tation of this section. Such guidance shall, (c) STATE PLAN.— code tax system’’ means, with respect to any consistent with this section, include proce- (1) IN GENERAL.—For a State to be eligible possession of the United States, the income dures for the submission and approval of to receive an allotment of the funds under tax system of such possession if the income State and local plans and the allotment and subsection (b), the Governor of the State tax liability of the residents of such posses- allocation of funds, including reallotment shall submit to the Secretary of Labor a sion under such system is determined by ref- and reallocation of such funds, that promote State plan in such form and containing such erence to the income tax laws of the United the expeditious and effective implementa- information as the Secretary may require. States as if such possession were the United tion of the activities authorized under this At a minimum, such plan shall include— States. section. (A) a description of the strategies and ac- (C) TREATMENT OF PAYMENTS.—For pur- (b) STATE ALLOTMENTS.— tivities to be carried out by the State, in co- poses of section 1324(b)(2) of title 31, United (1) RESERVATIONS FOR OUTLYING AREAS AND ordination with employers in the State, to States Code, rules similar to the rules of sec- TRIBES.—Of the funds described in subsection provide subsidized employment opportuni- tion 1001(b)(3)(C) of the American Recovery (a)(1), the Secretary shall reserve— ties to unemployed, low-income adults, in- and Reinvestment Tax Act of 2009 shall (A) not more than one-quarter of one per- cluding strategies relating to the level and apply. cent to provide assistance to outlying areas duration of subsidies consistent with sub- (f) EFFECTIVE DATE.—The amendments to provide subsidized employment to low-in- section (e)(2); made by this section shall apply to individ- come adults who are unemployed; and (B) a description of the requirements the uals who begin work for the employer after (B) 1.5 percent to provide assistance to State will apply relating to the eligibility of the date of the enactment of this Act. grantees of the Native American programs unemployed, low-income adults, consistent Subtitle C—Pathways Back to Work under section 166 of the Workforce Invest- with section 368(6), for subsidized employ- SEC. 361. SHORT TITLE. ment Act of 1998 to provide subsidized em- ment opportunities, which may include cri- This subtitle may be cited as the ‘‘Path- ployment to low-income adults who are un- teria to target assistance to particular cat- ways Back to Work Act of 2011’’. employed. egories of such adults, such as individuals SEC. 362. ESTABLISHMENT OF PATHWAYS BACK (2) STATES.—After determining the with disabilities or individuals who have ex- TO WORK FUND. amounts to be reserved under paragraph (1), hausted all rights to unemployment com- (a) ESTABLISHMENT.—There is established the Secretary of Labor shall allot the re- pensation; in the Treasury of the United States a fund mainder of the amounts described in sub- (C) a description of how the funds allotted which shall be known as the Pathways Back section (a)(1) among the States as follows: to provide subsidized employment opportuni- to Work Fund (hereafter in this Act referred (A) one-third shall be allotted on the basis ties will be administered in the State and to as ‘‘the Fund’’). of the relative number of unemployed indi- local areas, in accordance with subsection (b) DEPOSITS INTO THE FUND.—Out of any viduals in areas of substantial unemploy- (d); amounts in the Treasury of the United ment in each State, compared to the total (D) a description of the performance out- States not otherwise appropriated, there are number of unemployed individuals in areas comes to be achieved by the State through appropriated $5,000,000,000 for payment to the of substantial unemployment in all States; the activities carried out under this section Fund to be used by the Secretary of Labor to (B) one-third shall be allotted on the basis and the processes the State will use to track carry out this Act. of the relative excess number of unemployed performance, consistent with guidance pro- SEC. 363. AVAILABILITY OF FUNDS. individuals in each State, compared to the vided by the Secretary of Labor regarding (a) IN GENERAL.—Of the amounts available total excess number of unemployed individ- such outcomes and processes and with sec- to the Fund under section 362(b), the Sec- uals in all States; and tion 367(b); retary of Labor shall— (C) one-third shall be allotted on the basis (E) a description of the coordination of ac- (1) allot $2,000,000,000 in accordance with of the relative number of disadvantaged tivities to be carried out with the funds pro- section 364 to provide subsidized employment adults and youth in each State, compared to vided under this section with activities to unemployed, low-income adults; the total number of disadvantaged adults under title I of the Workforce Investment (2) allot $1,500,000,000 in accordance with and youth in all States. Act of 1998, the TANF program under part A section 365 to provide summer and year- (3) DEFINITIONS.—For purposes of the for- of title IV of the Social Security Act, and round employment opportunities to low-in- mula described in paragraph (2)— other appropriate Federal and State pro- come youth; (A) AREA OF SUBSTANTIAL UNEMPLOY- grams that may assist unemployed, low-in- (3) award $1,500,000,000 in competitive MENT.—The term ‘‘area of substantial unem- come adults in obtaining and retaining em- grants in accordance with section 366 to ployment’’ means any contiguous area with ployment; local entities to carry out work-based train- a population of at least 10,000 and that has (F) a description of the timelines for im- ing and other work-related and educational an average rate of unemployment of at least plementation of the activities described in

VerDate Mar 15 2010 03:46 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.044 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6265 subparagraph (A), and the number of unem- ties is to be carried out by the entities de- ensure the effective implementation of this ployed, low-income adults expected to be scribed under paragraph (1)(A), in order to section. placed in subsidized employment by quarter; receive an allocation under subparagraph SEC. 365. SUMMER EMPLOYMENT AND YEAR- (G) assurances that the State will report (A)(i), a local workforce investment board, in ROUND EMPLOYMENT OPPORTUNI- such information as the Secretary of Labor partnership with the chief elected official of TIES FOR LOW-INCOME YOUTH. may require relating to fiscal, performance the local workforce investment area in- (a) IN GENERAL.—From the funds available and other matters that the Secretary deter- volved, shall submit to the Governor a local under section 363(a)(2), the Secretary of mines is necessary to effectively monitor the plan for the use of such funds under this sec- Labor shall make an allotment under sub- activities carried out under this section; and tion not later than 30 days after the submis- section (c) to each State that has a State (H) assurances that the State will ensure sion of the State plan. Such local plan may plan modification (or other form of request compliance with the labor standards and pro- be submitted as a modification to a local for funds specified in guidance under sub- tections described in section 367(a) of this plan approved under section 118 of the Work- section (b)) approved under subsection (d) Act. force Investment Act of 1998. and to each outlying area and Native Amer- (2) SUBMISSION AND APPROVAL OF STATE (ii) CONTENTS.—The local plan described in ican grantee under section 166 of the Work- PLAN.— clause (i) shall contain the elements de- force Investment Act of 1998 that meets the (A) SUBMISSION WITH OTHER PLANS.—The scribed in subparagraphs (A)–(H) of sub- requirements of this section, for the purpose State plan described in this subsection may section (c)(1), as applied to the local work- of providing summer employment and year- be submitted in conjunction with the State force investment area. round employment opportunities to low-in- plan modification or request for funds re- (iii) APPROVAL.—The Governor shall ap- come youth. quired under section 365, and may be sub- prove or disapprove the local plan submitted (b) GUIDANCE AND APPLICATION OF REQUIRE- mitted as a modification to a State plan that under clause (i) within 30 days after submis- MENTS.— has been approved under section 112 of the sion, or if later, 30 days after the approval of (1) GUIDANCE.—Not later than 20 days after Workforce Investment Act of 1998. the State plan. The Governor shall approve the date of enactment of this Act, the Sec- (B) SUBMISSION AND APPROVAL.— the plan unless the Governor determines retary of Labor shall issue guidance regard- (i) SUBMISSION.—The Governor shall sub- that the plan is inconsistent with require- ing the implementation of this section. Such mit a plan to the Secretary of Labor not ments of this section or is not reasonably ap- guidance shall, consistent with this section, later than 75 days after the enactment of propriate and adequate to carry out the pur- include procedures for the submission and this Act and the Secretary of Labor shall poses of this section. If the Governor has not approval of State plan modifications, or for make a determination regarding the ap- made a determination within the period forms of requests for funds by the State as proval or disapproval of such plans not later specified under the first sentence of this may be identified in such guidance, local than 45 days after the submission of such clause, the plan shall be considered ap- plan modifications, or other forms of re- plan. If the plan is disapproved, the Sec- proved. If the plan is disapproved, the Gov- quests for funds from local workforce invest- retary of Labor may provide a reasonable pe- ernor may provide a reasonable period of ment areas as may be identified in such guid- riod of time in which a disapproved plan may time in which a disapproved plan may be ance, and the allotment and allocation of be amended and resubmitted for approval. amended and resubmitted for approval. The funds, including reallotment and realloca- (ii) APPROVAL.—The Secretary of Labor Governor shall allocate funds to local work- tion of such funds, that promote the expedi- shall approve a State plan that the Sec- force investment areas with approved plans tious and effective implementation of the ac- retary determines is consistent with require- within 30 days after such approval. tivities authorized under this section. ments of this section and reasonably appro- (C) REALLOCATION OF FUNDS TO LOCAL (2) REQUIREMENTS.—Except as otherwise priate and adequate to carry out the pur- AREAS.—If a local workforce investment provided in the guidance described in para- poses of this section. If the plan is approved, board does not submit a local plan by the graph (1) and in this section and other provi- the Secretary shall allot funds to States time specified in subparagraph (B) or the sions of this Act, the funds provided for ac- within 30 days after such approval. Governor does not approve a local plan, the tivities under this section shall be adminis- (3) MODIFICATIONS TO STATE PLAN.—The amount the local workforce investment area tered in accordance with subtitles B and E of Governor may submit a modification to a would have been eligible to receive pursuant title I of the Workforce Investment Act of State plan under this subsection consistent to the formula under subparagraph (A)(i) 1998 relating to youth activities. with the requirements of this section. shall be allocated to local workforce invest- (c) STATE ALLOTMENTS.— (d) ADMINISTRATION WITHIN THE STATE.— ment areas that receive approval of the local (1) RESERVATIONS FOR OUTLYING AREAS AND (1) OPTION.—The State may administer the plan under subparagraph (B). Such realloca- TRIBES.—Of the funds described in subsection funds for activities under this section tions shall be made in accordance with the (a), the Secretary shall reserve— through— relative share of the allocations to such local (A) not more than one-quarter of one per- (A) the State and local entities responsible workforce investment areas applying the for- cent to provide assistance to outlying areas for the administration of the adult formula mula factors described under subparagraph to provide summer and year-round employ- program under title I–B of the Workforce In- (A)(i). ment opportunities to low-income youth; vestment Act of 1998; (e) USE OF FUNDS.— and (B) the entities responsible for the admin- (1) IN GENERAL.—The funds under this sec- (B) 1.5 percent to provide assistance to istration of the TANF program under part A tion shall be used to provide subsidized em- grantees of the Native American programs of title IV of the Social Security Act; or ployment for unemployed, low-income under section 166 of the Workforce Invest- (C) a combination of the entities described adults. The State and local entities described ment Act of 1998 to provide summer and in subparagraphs (A) and (B). in subsection (d)(1) may use a variety of year-round employment opportunities to (2) WITHIN-STATE ALLOCATIONS.— strategies in recruiting employers and iden- low-income youth. (A) ALLOCATION OF FUNDS.—The Governor tifying appropriate employment opportuni- (2) STATES.—After determining the may reserve up to 5 percent of the allotment ties, with a priority to be provided to em- amounts to be reserved under paragraph (1), under subsection (b)(2) for administration ployment opportunities likely to lead to un- the Secretary of Labor shall allot the re- and technical assistance, and shall allocate subsidized employment in emerging or in-de- mainder of the amounts described in sub- the remainder, in accordance with the option mand occupations in the local area. Funds section (a) among the States in accordance elected under paragraph (1)— under this section may be used to provide with the factors described in section 364(b)(2) (i) among local workforce investment support services, such as transportation and of this Act. areas within the State in accordance with child care, that are necessary to enable the (3) REALLOTMENT.—If the Governor of a the factors identified in subsection (b)(2), ex- participation of individuals in subsidized em- State does not submit a State plan modifica- cept that for purposes of such allocation ref- ployment opportunities. tion or other request for funds specified in erences to a State in such paragraph shall be (2) LEVEL OF SUBSIDY AND DURATION.—The guidance under subsection (b) by the time deemed to be references to a local workforce States or local entities described in sub- specified in subsection (d)(2)(B), or a State investment area and references to all States section (d)(1) may determine the percentage does not receive approval of such State plan shall be deemed to be references to all local of the wages and costs of employing a partic- modification or request, the amount the areas in the State involved, of which not ipant for which an employer may receive a State would have been eligible to receive more than 10 percent of the funds allocated subsidy with the funds provided under this pursuant to the formula under paragraph (2) to a local workforce investment area may be section, and the duration of such subsidy, in shall be transferred within the Fund and used for the costs of administration of this accordance with guidance issued by the Sec- added to the amounts available for the com- section; or retary. The State or local entities may es- petitive grants under section 363(a)(3). (ii) through entities responsible for the ad- tablish criteria for determining such per- (d) STATE PLAN MODIFICATION.— ministration of the TANF program under centage or duration using appropriate fac- (1) IN GENERAL.—For a State to be eligible part A of title IV of the Social Security Act tors such as the size of the employer and to receive an allotment of the funds under in local areas in such manner as the State types of employment. subsection (c), the Governor of the State may determine appropriate. (f) COORDINATION OF FEDERAL ADMINISTRA- shall submit to the Secretary of Labor a (B) LOCAL PLANS.— TION.—The Secretary of Labor shall admin- modification to a State plan approved under (i) IN GENERAL.—In the case where the re- ister this section in coordination with the section 112 of the Workforce Investment Act sponsibility for the administration of activi- Secretary of Health and Human Services to of 1998, or other request for funds described

VerDate Mar 15 2010 03:46 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.044 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6266 CONGRESSIONAL RECORD — SENATE October 5, 2011 in guidance in subsection (b), in such form the factors identified in section 364(b)(2), ex- (ii) in the public or nonprofit sector that and containing such information as the Sec- cept that for purposes of such allocation ref- meet community needs; and retary may require. At a minimum, such erences to a State in such paragraph shall be (B) linking year-round program partici- plan modification or request shall include— deemed to be references to a local workforce pants to training and educational activities (A) a description of the strategies and ac- investment area and references to all States that will provide such participants an indus- tivities to be carried out to provide summer shall be deemed to be references to all local try-recognized certificate or credential. employment opportunities and year-round areas in the State involved. Not more than (3) PERFORMANCE ACCOUNTABILITY.—For ac- employment opportunities, including the 10 percent of the funds allocated to a local tivities funded under this section, in lieu of linkages to educational activities, consistent workforce investment area may be used for the requirements described in section 136 of with subsection (f); the costs of administration of this section. the Workforce Investment Act of 1998, State (B) a description of the requirements the (2) LOCAL PLAN.— and local workforce investment areas shall States will apply relating to the eligibility (A) SUBMISSION.—In order to receive an al- provide such reports as the Secretary of of low-income youth, consistent with section location under paragraph (1)(B), the local Labor may require regarding the perform- 368(4), for summer employment opportunities workforce investment board, in partnership ance outcomes described in section 367(a)(5). and year-round employment opportunities, with the chief elected official for the local SEC. 366. WORK-BASED EMPLOYMENT STRATE- which may include criteria to target assist- workforce investment area involved, shall GIES OF DEMONSTRATED EFFEC- ance to particular categories of such low-in- submit to the Governor a modification to a TIVENESS. come youth, such as youth with disabilities, local plan approved under section 118 of the (a) IN GENERAL.—From the funds available consistent with subsection (f); Workforce Investment Act of 1998, or other under section 363(a)(3), the Secretary of (C) a description of the performance out- form of request for funds as may be identi- Labor shall award grants on a competitive comes to be achieved by the State through fied in the guidance issued under subsection basis to eligible entities to carry out work- the activities carried out under this section (b), not later than 30 days after the submis- based strategies of demonstrated effective- and the processes the State will use to track sion by the State of the modification to the ness. performance, consistent with guidance pro- State plan or other request for funds identi- (b) USE OF FUNDS.—The grants awarded vided by the Secretary of Labor regarding fied in subsection (b), describing the strate- under this section shall be used to support such outcomes and processes and with sec- gies and activities to be carried out under strategies and activities of demonstrated ef- tion 367(b); this section. fectiveness that are designed to provide un- (D) a description of the timelines for im- (B) APPROVAL.—The Governor shall ap- employed, low-income adults or low-income plementation of the activities described in prove the local plan submitted under sub- youth with the skills that will lead to em- subparagraph (A), and the number of low-in- paragraph (A) within 30 days after submis- ployment as part of or upon completion of come youth expected to be placed in summer sion, unless the Governor determines that participation in such activities. Such strate- employment opportunities, and year-round the plan is inconsistent with requirements of gies and activities may include— employment opportunities, respectively, by this section. If the Governor has not made a (1) on-the-job training, registered appren- quarter; determination within 30 days, the plan shall ticeship programs, or other programs that (E) assurances that the State will report be considered approved. If the plan is dis- combine work with skills development; such information as the Secretary may re- approved, the Governor may provide a rea- (2) sector-based training programs that quire relating to fiscal, performance and sonable period of time in which a dis- have been designed to meet the specific re- other matters that the Secretary determines approved plan may be amended and resub- quirements of an employer or group of em- is necessary to effectively monitor the ac- mitted for approval. The Governor shall allo- ployers in that sector and where employers tivities carried out under this section; and cate funds to local workforce investment are committed to hiring individuals upon (F) assurances that the State will ensure areas with approved plans within 30 days successful completion of the training; compliance with the labor standards protec- after approval. (3) training that supports an industry sec- tions described in section 367(a). (3) REALLOCATION.—If a local workforce in- tor or an employer-based or labor-manage- (2) SUBMISSION AND APPROVAL OF STATE vestment board does not submit a local plan ment committee industry partnership which PLAN MODIFICATION OR REQUEST.— modification (or other request for funds iden- includes a significant work-experience com- (A) SUBMISSION.—The Governor shall sub- tified in guidance under subsection (b)) by ponent; mit a modification of the State plan or other the time specified in paragraph (2), or does (4) acquisition of industry-recognized cre- request for funds described in guidance in not receive approval of a local plan, the dentials in a field identified by the State or subsection (b) to the Secretary of Labor not amount the local workforce investment area local workforce investment area as a growth later than 30 days after the issuance of such would have been eligible to receive pursuant sector or demand industry in which there are guidance. The State plan modification or re- to the formula under paragraph (1)(B) shall likely to be significant job opportunities in quest for funds required under this sub- be allocated to local workforce investment the short-term; section may be submitted in conjunction areas that receive approval of the local plan (5) connections to immediate work oppor- with the State plan required under section modification or request for funds under para- tunities, including subsidized employment 364. graph (2). Such reallocations shall be made opportunities, or summer employment op- (B) APPROVAL.—The Secretary of Labor in accordance with the relative share of the portunities for youth, that includes concur- shall approve the plan or request submitted allocations to such local workforce invest- rent skills training and other supports; under subparagraph (A) within 30 days after ment areas applying the formula factors de- (6) career academies that provide students submission, unless the Secretary determines scribed under paragraph (1)(B). with the academic preparation and training, that the plan or request is inconsistent with (f) USE OF FUNDS.— including paid internships and concurrent the requirements of this section. If the Sec- (1) IN GENERAL.—The funds provided under enrollment in community colleges or other retary has not made a determination within this section shall be used— postsecondary institutions, needed to pursue 30 days, the plan or request shall be consid- (A) to provide summer employment oppor- a career pathway that leads to postsec- ered approved. If the plan or request is dis- tunities for low-income youth, ages 16 ondary credentials and high-demand jobs; approved, the Secretary may provide a rea- through 24, with direct linkages to academic and sonable period of time in which a dis- and occupational learning, and may include (7) adult basic education and integrated approved plan or request may be amended the provision of supportive services, such as basic education and training models for low- and resubmitted for approval. If the plan or transportation or child care, necessary to en- skilled adults, hosted at community colleges request is approved, the Secretary shall allot able such youth to participate; and or at other sites, to prepare individuals for funds to States within 30 days after such ap- (B) to provide year-round employment op- jobs that are in demand in a local area. proval. portunities, which may be combined with (c) ELIGIBLE ENTITY.—An eligible entity (3) MODIFICATIONS TO STATE PLAN OR RE- other activities authorized under section 129 shall include a local chief elected official, in QUEST.—The Governor may submit further of the Workforce Investment Act of 1998, to collaboration with the local workforce in- modifications to a State plan or request for low-income youth, ages 16 through 24, with a vestment board for the local workforce in- funds identified under subsection (b) to carry priority to out-of-school youth who are— vestment area involved (which may include a out this section in accordance with the re- (i) high school dropouts; or partnership with such officials and boards in quirements of this section. (ii) recipients of a secondary school di- the region and in the State), or an entity eli- (e) WITHIN-STATE ALLOCATION AND ADMINIS- ploma or its equivalent but who are basic gible to apply for an Indian and Native TRATION.— skills deficient unemployed or under- American grant under section 166 of the (1) IN GENERAL.—Of the funds allotted to employed. Workforce Investment Act of 1998, and may the State under subsection (c), the Gov- (2) PROGRAM PRIORITIES.—In administering include, in partnership with such officials, ernor— the funds under this section, the local board boards, and entities, the following: (A) may reserve up to 5 percent of the al- and local chief elected officials shall give a (1) employers or employer associations; lotment for administration and technical as- priority to— (2) adult education providers and postsec- sistance; and (A) identifying employment opportunities ondary educational institutions, including (B) shall allocate the remainder of the al- that are— community colleges; lotment among local workforce investment (i) in emerging or in-demand occupations (3) community-based organizations; areas within the State in accordance with in the local workforce investment area; or (4) joint labor-management committees;

VerDate Mar 15 2010 03:46 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.045 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6267 (5) work-related intermediaries; or minimum, grantees and subgrantees shall board’’ means such board established under (6) other appropriate organizations. provide information relating to— section 117 of the Workforce Investment Act (d) APPLICATION.—An eligible entity seek- (1) the number of individuals participating of 1998. ing to receive a grant under this section in activities with funds provided under this (4) LOW-INCOME YOUTH.—The term ‘‘low-in- shall submit to the Secretary of Labor an ap- Act and the number of such individuals who come youth’’ means an individual who— plication at such time, in such manner, and have completed such participation; (A) is aged 16 through 24; containing such information as the Sec- (2) the expenditures of funds provided (B) meets the definition of a low-income retary may require. At a minimum, the ap- under the Act; individual provided in section 101(25) of the plication shall— (3) the number of jobs created pursuant to Workforce Investment Act of 1998, except (1) describe the strategies and activities of the activities carried out under this Act; that States, local workforce investment demonstrated effectiveness that the eligible (4) the demographic characteristics of indi- areas under section 365 and eligible entities entities will carry out to provide unem- viduals participating in activities under this under section 366(c), subject to approval in ployed, low-income adults and low-income Act; and the applicable State plans, local plans, and youth with the skills that will lead to em- (5) the performance outcomes of individ- applications for funds, may increase the in- ployment upon completion of participation uals participating in activities under this come level specified in subparagraph (B)(i) of in such activities; Act, including— such section to an amount not in excess of (2) describe the requirements that will (A) for adults participating in activities 200 percent of the poverty line for purposes apply relating to the eligibility of unem- funded under section 364 of this Act— of determining eligibility for participation ployed, low-income adults or low-income (i) entry in unsubsidized employment, in activities under sections 365 and 366 of youth, consistent with paragraphs (4) and (6) (ii) retention in unsubsidized employment, this Act; and of section 368, for activities carried out and (C) is in one or more of the categories spec- under this section, which may include cri- (iii) earnings in unsubsidized employment; ified in section 101(13)(C) of the Workforce teria to target assistance to particular cat- (B) for low-income youth participating in Investment Act of 1998. egories of such adults and youth, such as in- summer employment activities under sec- (5) OUTLYING AREA.—The term ‘‘outlying dividuals with disabilities or individuals who tions 365 and 366— area’’ means the United States Virgin Is- have exhausted all rights to unemployment (i) work readiness skill attainment using lands, Guam, American Samoa, the Com- compensation; an employer validated checklist; monwealth of the Northern Mariana Islands, (3) describe how the strategies and activi- (ii) placement in or return to secondary or and the Republic of Palau. ties address the needs of the target popu- postsecondary education or training, or (6) UNEMPLOYED, LOW-INCOME ADULT.—The lations identified in paragraph (2) and the entry into unsubsidized employment; term ‘‘unemployed, low-income adult’’ needs of employers in the local area; (C) for low-income youth participating in means an individual who— (4) describe the expected outcomes to be year-round employment activities under sec- (A) is age 18 or older; achieved by implementing the strategies and tion 365 or in activities under section 366— (B) is without employment and is seeking activities; (i) placement in or return to post-sec- assistance under this Act to obtain employ- (5) provide evidence that the funds pro- ondary education; ment; and vided may be expended expeditiously and ef- (ii) attainment of high school diploma or (C) meets the definition of a ‘‘low-income ficiently to implement the strategies and ac- its equivalent; individual’’ under section 101(25) of the tivities; (iii) attainment of an industry-recognized Workforce Investment Act of 1998, except (6) describe how the strategies and activi- credential; and that for that States, local entities described ties will be coordinated with other Federal, (iv) entry into unsubsidized employment, in section 364(d)(1) and eligible entities under State and local programs providing employ- retention, and earnings as described in sub- section 366(c), subject to approval in the ap- ment, education and supportive activities; paragraph (A); plicable State plans, local plans, and applica- (7) provide evidence of employer commit- (D) for unemployed, low-income adults par- tions for funds, may increase the income ment to participate in the activities funded ticipating in activities under section 366— level specified in subparagraph (B)(i) of such under this section, including identification (i) entry into unsubsidized employment, re- section to an amount not in excess of 200 per- of anticipated occupational and skill needs; tention, and earnings as described in sub- cent of the poverty line for purposes of deter- (8) provide assurances that the grant re- paragraph (A); and mining eligibility for participation in activi- cipient will report such information as the (ii) the attainment of industry-recognized ties under sections 364 and 366 of this Act. Secretary may require relating to fiscal, per- credentials. (7) STATE.—The term ‘‘State’’ means each formance and other matters that the Sec- (c) ACTIVITIES REQUIRED TO BE ADDI- of the several States of the United States, retary determines is necessary to effectively TIONAL.—Funds provided under this Act shall the District of Columbia, and Puerto Rico. monitor the activities carried out under this only be used for activities that are in addi- section; and tion to activities that would otherwise be Subtitle D—Prohibition of Discrimination in (9) provide assurances that the use of the available in the State or local area in the ab- Employment on the Basis of an Individual’s funds provided under this section will com- sence of such funds. Status as Unemployed (d) ADDITIONAL REQUIREMENTS.—The Sec- ply with the labor standards and protections SEC. 371. SHORT TITLE. described in section 367(a). retary of Labor may establish such addi- tional requirements as the Secretary deter- (e) PRIORITY IN AWARDS.—In awarding This subtitle may be cited as the ‘‘Fair grants under this section, the Secretary of mines may be necessary to ensure fiscal in- Employment Opportunity Act of 2011’’. tegrity, effective monitoring, and the appro- Labor shall give a priority to applications priate and prompt implementation of the ac- SEC. 372. FINDINGS AND PURPOSE. submitted by eligible entities from areas of tivities under this Act. high poverty and high unemployment, as de- (a) FINDINGS.—Congress finds that denial of (e) REPORT OF INFORMATION AND EVALUA- fined by the Secretary, such as Public Use employment opportunities to individuals be- TIONS TO CONGRESS AND THE PUBLIC.—The cause of their status as unemployed is dis- Microdata Areas (PUMAs) as designated by Secretary of Labor shall provide to the ap- criminatory and burdens commerce by— the Census Bureau. propriate Committees of the Congress and (f) COORDINATION OF FEDERAL ADMINISTRA- make available to the public the information (1) reducing personal consumption and un- TION.—The Secretary of Labor shall admin- reported pursuant to subsection (b) and the dermining economic stability and growth; ister this section in coordination with the evaluations of activities carried out pursu- (2) squandering human capital essential to Secretary of Education, Secretary of Health ant to the funds reserved under section the Nation’s economic vibrancy and growth; and Human Services, and other appropriate 363(b). (3) increasing demands for Federal and State unemployment insurance benefits, re- agency heads, to ensure the effective imple- SEC. 368. DEFINITIONS. mentation of this section. In this Act: ducing trust fund assets, and leading to high- er payroll taxes for employers, cuts in bene- SEC. 367. GENERAL REQUIREMENTS. (1) LOCAL CHIEF ELECTED OFFICIAL.—The fits for jobless workers, or both; (a) LABOR STANDARDS AND PROTECTIONS.— term ‘‘local chief elected official’’ means the Activities provided with funds under this Act chief elected executive officer of a unit of (4) imposing additional burdens on publicly shall be subject to the requirements and re- local government in a local workforce in- funded health and welfare programs; and strictions, including the labor standards, de- vestment area or in the case where more (5) depressing income, property, and other scribed in section 181 of the Workforce In- than one unit of general government, the in- tax revenues that the Federal Government, vestment Act of 1998 and the nondiscrimina- dividuals designated under an agreement de- States, and localities rely on to support op- tion provisions of section 188 of such Act, in scribed in section 117(c)(1)(B) of the Work- erations and institutions essential to com- addition to other applicable federal laws. force Investment Act of 1998. merce. (b) REPORTING.—The Secretary may re- (2) LOCAL WORKFORCE INVESTMENT AREA.— (b) PURPOSES.—The purposes of this Act quire the reporting of information relating The term ‘‘local workforce investment area’’ are— to fiscal, performance and other matters means such area designated under section 116 (1) to prohibit employers and employment that the Secretary determines is necessary of the Workforce Investment Act of 1998. agencies from disqualifying an individual to effectively monitor the activities carried (3) LOCAL WORKFORCE INVESTMENT BOARD.— from employment opportunities because of out with funds provided under this Act. At a The term ‘‘local workforce investment that individual’s status as unemployed;

VerDate Mar 15 2010 03:46 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.045 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6268 CONGRESSIONAL RECORD — SENATE October 5, 2011 (2) to prohibit employers and employment based on that individual’s status as unem- in the case of an affected individual who agencies from publishing or posting any ad- ployed; would be covered by such title, or by section vertisement or announcement for an employ- (2) fail or refuse to consider for employ- 302(a)(1) of the Government Employee Rights ment opportunity that indicates that an in- ment, or fail or refuse to hire, an individual Act of 1991 (42 U.S.C. 2000e–16b(a)(1)), respec- dividual’s status as unemployed disqualifies as an employee because of the individual’s tively; that individual for the opportunity; and status as unemployed; or (2) the Librarian of Congress shall have the (3) to eliminate the burdens imposed on (3) direct or request that an employment same powers as the Librarian of Congress commerce due to the exclusion of such indi- agency take an individual’s status as unem- has to administer and enforce title VII of the viduals from employment. ployed into account to disqualify an appli- Civil Rights Act of 1964 (42 U.S.C. 2000e et SEC. 373. DEFINITIONS. cant for consideration, screening, or referral seq.) in the case of an affected individual As used in this Act— for employment as an employee. who would be covered by such title; (1) the term ‘‘affected individual’’ means (b) EMPLOYMENT AGENCIES.—It shall be an (3) the Board (as defined in section 101 of any person who was subject to an unlawful unlawful employment practice for an em- the Congressional Accountability Act of 1995 employment practice solely because of that ployment agency to— (2 U.S.C. 1301)) shall have the same powers as individual’s status as unemployed; (1) publish, in print or on the Internet or in the Board has to administer and enforce the (2) the term ‘‘Commission’’ means the any other medium, an advertisement or an- Congressional Accountability Act of 1995 (2 Equal Employment Opportunity Commis- nouncement for any vacancy in a job, as an U.S.C. 1301 et seq.) in the case of an affected sion; employee, that includes— individual who would be covered by section (3) the term ‘‘employee’’ means— (A) any provision stating or indicating 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)); (A) an employee as defined in section 701(f) that an individual’s status as unemployed (4) the Attorney General shall have the of the Civil Rights Act of 1964 (42 U.S.C. disqualifies the individual for any employ- same powers as the Attorney General has to 2000e(f)); ment opportunity; or administer and enforce— (B) a State employee to which section (B) any provision stating or indicating (A) title VII of the Civil Rights Act of 1964 302(a)(1) of the Government Employee Rights that the employment agency or an employer (42 U.S.C. 2000e et seq.); or Act of 1991 (42 U.S.C. 2000e–16b(a)(1)) applies; will not consider or hire an individual for (B) sections 302 and 304 of the Government (C) a covered employee, as defined in sec- any employment opportunity based on that Employee Rights Act of 1991 (42 U.S.C. 2000e– tion 101 of the Congressional Accountability individual’s status as unemployed; 16b and 2000e–16c); Act of 1995 (2 U.S.C. 1301) or section 411(c) of (2) screen, fail or refuse to consider, or fail in the case of an affected individual who title 3, United States Code; or or refuse to refer an individual for employ- would be covered by such title, or of section (D) an employee or applicant to which sec- ment as an employee because of the individ- 302(a)(1) of the Government Employee Rights tion 717(a) of the Civil Rights Act of 1964 (42 ual’s status as unemployed; or Act of 1991 (42 U.S.C. 2000e–16b(a)(1)), respec- U.S.C. 2000e–16(a)) applies; (3) limit, segregate, or classify any indi- tively; (4) the term ‘‘employer’’ means— vidual in any manner that would limit or (5) the President, the Commission, and the (A) a person engaged in an industry affect- tend to limit the individual’s access to infor- Merit Systems Protection Board shall have ing commerce (as defined in section 701(h) of mation about jobs, or consideration, screen- the same powers as the President, the Com- the Civil Rights Act of 1964 (42 U.S.C. ing, or referral for jobs, as employees, solely mission, and the Board, respectively, have to 2000e(h)) who has 15 or more employees for because of an individual’s status as unem- administer and enforce chapter 5 of title 3, each working day in each of 20 or more cal- ployed. United States Code, in the case of an affected endar weeks in the current or preceding cal- (c) INTERFERENCE WITH RIGHTS, PRO- individual who would be covered by section endar year, and any agent of such a person, CEEDINGS OR INQUIRIES.—It shall be unlawful 411 of such title; and but does not include a bona fide private for any employer or employment agency to— (6) a court of the United States shall have membership club that is exempt from tax- (1) interfere with, restrain, or deny the ex- the same jurisdiction and powers as the ation under section 501(c) of the Internal ercise of or the attempt to exercise, any court has to enforce— Revenue Code of 1986; right provided under this Act; or (A) title VII of the Civil Rights Act of 1964 (B) an employing authority to which sec- (2) fail or refuse to hire, to discharge, or in (42 U.S.C. 2000e et seq.) in the case of a claim tion 302(a)(1) of the Government Employee any other manner to discriminate against alleged by such individual for a violation of Rights Act of 1991 applies; any individual, as an employee, because such such title; (C) an employing office, as defined in sec- individual— (B) sections 302 and 304 of the Government tion 101 of the Congressional Accountability (A) opposed any practice made unlawful by Employee Rights Act of 1991 (42 U.S.C. 2000e– Act of 1995 or section 411(c) of title 3, United this Act; 16b and 2000e–16c) in the case of a claim al- States Code; or (B) has asserted any right, filed any leged by such individual for a violation of (D) an entity to which section 717(a) of the charge, or has instituted or caused to be in- section 302(a)(1) of such Act (42 U.S.C. 2000e– Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) stituted any proceeding, under or related to 16b(a)(1)); applies; this Act; (C) the Congressional Accountability Act (5) the term ‘‘employment agency’’ means (C) has given, or is about to give, any in- of 1995 (2 U.S.C. 1301 et seq.) in the case of a any person regularly undertaking with or formation in connection with any inquiry or claim alleged by such individual for a viola- without compensation to procure employees proceeding relating to any right provided tion of section 201(a)(1) of such Act (2 U.S.C. for an employer or to procure for individuals under this Act; or 1311(a)(1)); and opportunities to work as employees for an (D) has testified, or is about to testify, in (D) chapter 5 of title 3, United States Code, employer and includes an agent of such a any inquiry or proceeding relating to any in the case of a claim alleged by such indi- person, and any person who maintains an right provided under this Act. vidual for a violation of section 411 of such (d) CONSTRUCTION.—Nothing in this Act is Internet website or print medium that pub- title. intended to preclude an employer or employ- lishes advertisements or announcements of ment agency from considering an individ- (b) PROCEDURES.—The procedures applica- openings in jobs for employees; ual’s employment history, or from exam- ble to a claim alleged by an individual for a (6) the term ‘‘person’’ has the meaning ining the reasons underlying an individual’s violation of this Act are— given the term in section 701(a) of the Civil status as unemployed, in assessing an indi- (1) the procedures applicable for a viola- Rights Act of 1964 (42 U.S.C. 2000e(a)); and vidual’s ability to perform a job or in other- tion of title VII of the Civil Rights Act of (7) the term ‘‘status as unemployed’’, used wise making employment decisions about 1964 (42 U.S.C. 2000e et seq.) in the case of a with respect to an individual, means that the that individual. Such consideration or exam- claim alleged by such individual for a viola- individual, at the time of application for em- ination may include an assessment of wheth- tion of such title; ployment or at the time of action alleged to er an individual’s employment in a similar (2) the procedures applicable for a viola- violate this Act, does not have a job, is avail- or related job for a period of time reasonably tion of section 302(a)(1) of the Government able for work and is searching for work. proximate to the consideration of such indi- Employee Rights Act of 1991 (42 U.S.C. 2000e– SEC. 374. PROHIBITED ACTS. vidual for employment is job-related or con- 16b(a)(1)) in the case of a claim alleged by (a) EMPLOYERS.—It shall be an unlawful sistent with business necessity. such individual for a violation of such sec- employment practice for an employer to— SEC. 375. ENFORCEMENT. tion; (1) publish in print, on the Internet, or in (a) ENFORCEMENT POWERS.—With respect to (3) the procedures applicable for a viola- any other medium, an advertisement or an- the administration and enforcement of this tion of section 201(a)(1) of the Congressional nouncement for an employee for any job that Act— Accountability Act of 1995 (2 U.S.C. includes— (1) the Commission shall have the same 1311(a)(1)) in the case of a claim alleged by (A) any provision stating or indicating powers as the Commission has to administer such individual for a violation of such sec- that an individual’s status as unemployed and enforce— tion; and disqualifies the individual for any employ- (A) title VII of the Civil Rights Act of 1964 (4) the procedures applicable for a viola- ment opportunity; or (42 U.S.C. 2000e et seq.); or tion of section 411 of title 3, United States (B) any provision stating or indicating (B) sections 302 and 304 of the Government Code, in the case of a claim alleged by such that an employer will not consider or hire an Employee Rights Act of 1991 (42 U.S.C. 2000e– individual for a violation of such section. individual for any employment opportunity 16b and 2000e–16c), (c) REMEDIES.—

VerDate Mar 15 2010 03:46 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.045 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6269 (1) In any claim alleging a violation of Sec- SEC. 378. SEVERABILITY. ‘‘(2) If the top of the AMT exemption tion 374(a)(1) or 374(b)(1) of this Act, an indi- If any provision of this Act, or the applica- phase-out range for the taxpayer exceeds the vidual, or any person acting on behalf of the tion of the provision to any person or cir- minimum marginal rate amount for the tax- individual as set forth in Section 375(a) of cumstance, is held to be invalid, the remain- payer and if the taxpayer’s alternative min- this Act, may be awarded, as appropriate— der of this Act and the application of the imum taxable income does not exceed the (A) an order enjoining the respondent from provision to any other person or cir- top of the AMT exemption phase-out range, engaging in the unlawful employment prac- cumstances shall not be affected by the inva- the taxpayer must increase its additional tice; lidity. AMT amount by 7 percent of the excess of— (B) reimbursement of costs expended as a SEC. 379. EFFECTIVE DATE. ‘‘(A) the lesser of— result of the unlawful employment practice; This Act shall take effect on the date of ‘‘(i) the top of the AMT exemption phase- (C) an amount in liquidated damages not enactment of this Act and shall not apply to out range, or to exceed $1,000 for each day of the violation; conduct occurring before the effective date. ‘‘(ii) the taxpayer’s alternative minimum and TITLE IV—OFFSETS taxable income, computed— (D) reasonable attorney’s fees (including Subtitle A—28 Percent Limitation on Certain ‘‘(I) without regard to any itemized deduc- expert fees) and costs attributable to the Deductions and Exclusions tion or any specified above-the-line deduc- pursuit of a claim under this Act, except SEC. 401. 28 PERCENT LIMITATION ON CERTAIN tion, and that no person identified in Section 103(a) of DEDUCTIONS AND EXCLUSIONS. ‘‘(II) by including the amount of any speci- this Act shall be eligible to receive attor- (a) IN GENERAL.—Part I of subchapter B of fied exclusion; over ney’s fees. chapter 1 of the Internal Revenue Code of ‘‘(B) the greater of— (2) In any claim alleging a violation of any 1986 is amended by adding at the end the fol- ‘‘(i) the taxpayer’s alternative minimum other subsection of this Act, an individual, lowing new section: taxable income, or or any person acting on behalf of the indi- ‘‘SEC. 69. LIMITATION ON CERTAIN DEDUCTIONS ‘‘(ii) the minimum marginal rate amount. vidual as set forth in Section 375(a) of this AND EXCLUSIONS. ‘‘(d) MINIMUM MARGINAL RATE AMOUNT.— Act, may be awarded, as appropriate, the ‘‘(a) IN GENERAL.—In the case of an indi- For purposes of this section, the term ‘min- remedies available for a violation of title VII vidual for any taxable year, if— imum marginal rate amount’ means, with re- of the Civil Rights Act of 1964 (42 U.S.C. 2000e ‘‘(1) the taxpayer’s adjusted gross income spect to any taxpayer for any taxable year, et seq.), section 302(a)(1) of the Government is above— the highest amount of the taxpayer’s taxable Employee Rights Act of 1991 (42 U.S.C. 2000e– ‘‘(A) $250,000 in the case of a joint return income which would be subject to a marginal 16b(a)(1)), section 201(a)(1) of the Congres- within the meaning of section 6013, rate of tax under section 1 that is less than sional Accountability Act of 1995 (2 U.S.C. ‘‘(B) $225,000 in the case of a head of house- 36 percent with respect to such taxable year. 1311(a)(1)), and section 411 of title 3, United hold return, ‘‘(e) ADJUSTED TAXABLE INCOME.—For pur- States Code, except that in a case in which ‘‘(C) $125,000 in the case of a married filing poses of this section— wages, salary, employment benefits, or other separately return, or ‘‘(1) IN GENERAL.—The term ‘adjusted tax- compensation have not been denied or lost to ‘‘(D) $200,000 in all other cases; and able income’ means taxable income com- the individual, damages may be awarded in ‘‘(2) the taxpayer’s adjusted taxable in- puted— an amount not to exceed $5,000. come for such taxable year exceeds the min- ‘‘(A) without regard to any itemized deduc- SEC. 376. FEDERAL AND STATE IMMUNITY. imum marginal rate amount, tion or any specified above-the-line deduc- (a) ABROGATION OF STATE IMMUNITY.—A then the tax imposed under section 1 with re- tion, and spect to such taxpayer for such taxable year State shall not be immune under the 11th ‘‘(B) by including in gross income any spec- shall be increased by the amount determined Amendment to the Constitution from a suit ified exclusion. under subsection (b). If the taxpayer is sub- brought in a Federal court of competent ju- ‘‘(2) SPECIFIED ABOVE-THE-LINE DEDUC- ject to tax under section 55, then in lieu of risdiction for a violation of this Act. TION.—The term ‘specified above-the-line de- an increase in tax under section 1, the tax (b) WAIVER OF STATE IMMUNITY.— duction’ means— (1) IN GENERAL.— imposed under section 55 with respect to such taxpayer for such taxable year shall be ‘‘(A) the deduction provided under section (A) WAIVER.—A State’s receipt or use of 162(l) (relating to special rules for health in- Federal financial assistance for any program increased by the amount determined under subsection (c). surance costs of self-employed individuals), or activity of a State shall constitute a ‘‘(B) the deduction provided under section waiver of sovereign immunity, under the ‘‘(b) ADDITIONAL AMOUNT.—The amount de- termined under this subsection with respect 199 (relating to income attributable to do- 11th Amendment to the Constitution or oth- to any taxpayer for any taxable year is the mestic production activities), and erwise, to a suit brought by an employee or excess (if any) of— ‘‘(C) the deductions provided under the fol- applicant for employment of that program or ‘‘(1) the tax which would be imposed under lowing paragraphs of section 62(a): activity under this Act for a remedy author- section 1 with respect to such taxpayer for ‘‘(i) Paragraph (2) (relating to certain trade ized under Section 375(c) of this Act. such taxable year if ‘adjusted taxable in- and business deductions of employees), other (B) DEFINITION.—In this paragraph, the come’ were substituted for ‘taxable income’ than subparagraph (A) thereof. term ‘‘program or activity’’ has the meaning each place it appears therein, over ‘‘(ii) Paragraph (15) (relating to moving ex- given the term in section 606 of the Civil ‘‘(2) the sum of— penses). Rights Act of 1964 (42 U.S.C. 2000d–4a). ‘‘(A) the tax which would be imposed under ‘‘(iii) Paragraph (16) (relating to Archer (2) EFFECTIVE DATE.—With respect to a par- such section with respect to such taxpayer MSAs). ticular program or activity, paragraph (1) for such taxable year on the greater of— ‘‘(iv) Paragraph (17) (relating to interest on applies to conduct occurring on or after the ‘‘(i) taxable income, or education loans). day, after the date of enactment of this Act, ‘‘(ii) the minimum marginal rate amount, ‘‘(v) Paragraph (18) (relating to higher edu- on which a State first receives or uses Fed- plus cation expenses). eral financial assistance for that program or ‘‘(B) 28 percent of the excess (if any) of the ‘‘(vi) Paragraph (19) (relating to health activity. taxpayer’s adjusted taxable income over the savings accounts). (c) REMEDIES AGAINST STATE OFFICIALS.— ‘‘(3) SPECIFIED EXCLUSION.—The term ‘spec- An official of a State may be sued in the offi- greater of— ified exclusion’ means— cial capacity of the official by any employee ‘‘(i) the taxpayer’s taxable income, or ‘‘(A) any interest excluded under section or applicant for employment who has com- ‘‘(ii) the minimum marginal rate amount. 103, plied with the applicable procedures of this ‘‘(c) ADDITIONAL AMT AMOUNT.— ‘‘(B) any exclusion with respect to the cost Act, for relief that is authorized under this ‘‘(1) The amount determined under this Act. subsection with respect to any taxpayer for described in section 6051(a)(14) (without re- (d) REMEDIES AGAINST THE UNITED STATES any taxable year is the additional amount gard to subparagraph (B) thereof), and AND THE STATES.—Notwithstanding any computed under subsection (b) multiplied by ‘‘(C) any foreign earned income excluded other provision of this Act, in an action or the ratio that— under section 911. administrative proceeding against the ‘‘(A) the result of— ‘‘(f) NON-PREFERENCE DISALLOWED DEDUC- United States or a State for a violation of ‘‘(i) all itemized deductions (before the ap- TIONS.—For purposes of this section, the this Act, remedies (including remedies at plication of section 68), plus term ‘AMT-allowed deductions’ means all law and in equity) are available for the vio- ‘‘(ii) the specified above-the-line deduc- itemized deductions disallowed by section 68 lation to the same extent as such remedies tions and specified exclusions, minus multiplied by the ratio that— would be available against a non-govern- ‘‘(iii) the amount of deductions disallowed ‘‘(1) a taxpayer’s itemized deductions for mental entity. under section 56(b)(1)(A) and (B), minus the taxable year that are subject to section SEC. 377. RELATIONSHIP TO OTHER LAWS. ‘‘(iv) the non-preference disallowed deduc- 68 (that is, not including those excluded This Act shall not invalidate or limit the tions, bears to under section 68(c)) and that are not limited rights, remedies, or procedures available to ‘‘(B) the sum of— under section 56(b)(1)(A) or (B), bears to an individual claiming discrimination pro- ‘‘(i) the total of itemized deductions (after ‘‘(2) the taxpayer’s itemized deductions for hibited under any other Federal law or regu- the application of section 68), plus the taxable year that are subject to section lation or any law or regulation of a State or ‘‘(ii) the specified above-the-line deduc- 68 (that is, not including those excluded political subdivision of a State. tions and specified exclusions. under section 68(c)).

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

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fied capital interest, subsection (b) shall not vesting in, purchasing, or selling any speci- ‘‘(d) EXCEPTION FOR CERTAIN CAPITAL IN- apply to so much of any gain or loss as bears TERESTS.— fied asset. the same proportion to the entire amount of ‘‘(1) IN GENERAL.—In the case of any por- ‘‘(B) Managing, acquiring, or disposing of such gain or loss as— tion of an investment services partnership any specified asset. ‘‘(A) the distributive share of gain or loss ‘‘(C) Arranging financing with respect to interest which is a qualified capital interest, all items of gain and loss (and any dividends) that would have been allocated to the quali- acquiring specified assets. fied capital interest (consistent with the re- ‘‘(D) Any activity in support of any service which are allocated to such qualified capital interest shall not be taken into account quirements of paragraph (1)) if the partner- described in subparagraphs (A) through (C). under subsection (a) if— ship had sold all of its assets at fair market ‘‘(3) INVESTMENT PARTNERSHIP.— ‘‘(A) allocations of items are made by the value immediately before the disposition, ‘‘(A) IN GENERAL.—The term ‘investment partnership to such qualified capital interest bears to partnership’ means any partnership if, at the in the same manner as such allocations are ‘‘(B) the distributive share of gain or loss end of any calendar quarter ending after De- made to other qualified capital interests that would have been so allocated to the in- cember 31, 2012— held by partners who do not provide any vestment services partnership interest of ‘‘(i) substantially all of the assets of the services described in subsection (c)(2) and which such qualified capital interest is a partnership are specified assets (determined who are not related to the partner holding part. without regard to any section 197 intangible the qualified capital interest, and ‘‘(7) QUALIFIED CAPITAL INTEREST.—For pur- within the meaning of section 197(d)), and ‘‘(B) the allocations made to such other in- poses of this subsection— ‘‘(ii) more than half of the contributed cap- terests are significant compared to the allo- ‘‘(A) IN GENERAL.—The term ‘qualified cap- ital of the partnership is attributable to con- cations made to such qualified capital inter- ital interest’ means so much of a partner’s tributions of property by one or more per- est. interest in the capital of the partnership as sons in exchange for interests in the partner- ‘‘(2) AUTHORITY TO PROVIDE EXCEPTIONS TO is attributable to— ship which (in the hands of such persons) ALLOCATION REQUIREMENTS.—To the extent constitute property held for the production ‘‘(i) the fair market value of any money or provided by the Secretary in regulations or other property contributed to the partner- of income. other guidance— ‘‘(B) SPECIAL RULES FOR DETERMINING IF ship in exchange for such interest (deter- ‘‘(A) ALLOCATIONS TO PORTION OF QUALIFIED mined without regard to section 752(a)), PROPERTY HELD FOR THE PRODUCTION OF IN- CAPITAL INTEREST.—Paragraph (1) may be ap- ‘‘(ii) any amounts which have been in- COME.—Except as otherwise provided by the plied separately with respect to a portion of cluded in gross income under section 83 with Secretary, for purposes of determining a qualified capital interest. respect to the transfer of such interest, and whether any interest in a partnership con- ‘‘(B) NO OR INSIGNIFICANT ALLOCATIONS TO ‘‘(iii) the excess (if any) of— stitutes property held for the production of NONSERVICE PROVIDERS.—In any case in income under subparagraph (A)(ii)— which the requirements of paragraph (1)(B) ‘‘(I) any items of income and gain taken ‘‘(i) any election under subsection (e) or (f) are not satisfied, items of gain and loss (and into account under section 702 with respect of section 475 shall be disregarded, and any dividends) shall not be taken into ac- to such interest, over ‘‘(ii) paragraph (5)(B) shall not apply. count under subsection (a) to the extent that ‘‘(II) any items of deduction and loss so ‘‘(C) ANTIABUSE RULES.—The Secretary such items are properly allocable under such taken into account. may issue regulations or other guidance regulations or other guidance to qualified ‘‘(B) ADJUSTMENT TO QUALIFIED CAPITAL IN- which prevent the avoidance of the purposes capital interests. TEREST.— of subparagraph (A), including regulations or ‘‘(C) ALLOCATIONS TO SERVICE PROVIDERS’ ‘‘(i) DISTRIBUTIONS AND LOSSES.—The quali- other guidance which treat convertible and QUALIFIED CAPITAL INTERESTS WHICH ARE LESS fied capital interest shall be reduced by dis- contingent debt (and other debt having the THAN OTHER ALLOCATIONS.—Allocations shall tributions from the partnership with respect attributes of equity) as a capital interest in not be treated as failing to meet the require- to such interest and by the excess (if any) of the partnership. ment of paragraph (1)(A) merely because the the amount described in subparagraph ‘‘(D) CONTROLLED GROUPS OF ENTITIES.— allocations to the qualified capital interest (A)(iii)(II) over the amount described in sub- ‘‘(i) IN GENERAL.—In the case of a con- represent a lower return than the allocations paragraph (A)(iii)(I). trolled group of entities, if an interest in the made to the other qualified capital interests ‘‘(ii) SPECIAL RULE FOR CONTRIBUTIONS OF partnership received in exchange for a con- referred to in such paragraph. PROPERTY.—In the case of any contribution tribution to the capital of the partnership by ‘‘(3) SPECIAL RULE FOR CHANGES IN SERVICES of property described in subparagraph (A)(i) any member of such controlled group would AND CAPITAL CONTRIBUTIONS.—In the case of with respect to which the fair market value (in the hands of such member) constitute an interest in a partnership which was not of such property is not equal to the adjusted property not held for the production of in- an investment services partnership interest basis of such property immediately before come, then any interest in such partnership and which, by reason of a change in the serv- such contribution, proper adjustments shall held by any member of such group shall be ices with respect to assets held (directly or be made to the qualified capital interest to treated for purposes of subparagraph (A) as indirectly) by the partnership or by reason of take into account such difference consistent constituting (in the hands of such member) a change in the capital contributions to such with such regulations or other guidance as property not held for the production of in- partnership, becomes an investment services the Secretary may provide. come. partnership interest, the qualified capital in- ‘‘(C) TECHNICAL TERMINATIONS, ETC., DIS- ‘‘(ii) CONTROLLED GROUP OF ENTITIES.—For terest of the holder of such partnership in- REGARDED.—No increase or decrease in the purposes of clause (i), the term ‘controlled terest immediately after such change shall qualified capital interest of any partner group of entities’ means a controlled group not, for purposes of this subsection, be less shall result from a termination, merger, con- of corporations as defined in section than the fair market value of such interest solidation, or division described in section 1563(a)(1), applied without regard to sub- (determined immediately before such 708, or any similar transaction. sections (a)(4) and (b)(2) of section 1563. A change). ‘‘(8) TREATMENT OF CERTAIN LOANS.— partnership or any other entity (other than a ‘‘(4) SPECIAL RULE FOR TIERED PARTNER- ‘‘(A) PROCEEDS OF PARTNERSHIP LOANS NOT corporation) shall be treated as a member of SHIPS.—Except as otherwise provided by the a controlled group of entities if such entity Secretary, in the case of tiered partnerships, TREATED AS QUALIFIED CAPITAL INTEREST OF is controlled (within the meaning of section all items which are allocated in a manner SERVICE PROVIDING PARTNERS.—For purposes 954(d)(3)) by members of such group (includ- which meets the requirements of paragraph of this subsection, an investment services ing any entity treated as a member of such (1) to qualified capital interests in a lower- partnership interest shall not be treated as a group by reason of this sentence). tier partnership shall retain such character qualified capital interest to the extent that ‘‘(4) SPECIFIED ASSET.—The term ‘specified to the extent allocated on the basis of quali- such interest is acquired in connection with asset’ means securities (as defined in section fied capital interests in any upper-tier part- the proceeds of any loan or other advance 475(c)(2) without regard to the last sentence nership. made or guaranteed, directly or indirectly, thereof), real estate held for rental or invest- ‘‘(5) EXCEPTION FOR NO-SELF-CHARGED by any other partner or the partnership (or ment, interests in partnerships, commodities CARRY AND MANAGEMENT FEE PROVISIONS.— any person related to any such other partner (as defined in section 475(e)(2)), cash or cash Except as otherwise provided by the Sec- or the partnership). The preceding sentence equivalents, or options or derivative con- retary, an interest shall not fail to be treat- shall not apply to the extent the loan or tracts with respect to any of the foregoing. ed as satisfying the requirement of para- other advance is repaid before January 1, ‘‘(5) RELATED PERSONS.— graph (1)(A) merely because the allocations 2013 unless such repayment is made with the ‘‘(A) IN GENERAL.—A person shall be treat- made by the partnership to such interest do proceeds of a loan or other advance described ed as related to another person if the rela- not reflect the cost of services described in in the preceding sentence.

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‘‘(B) REDUCTION IN ALLOCATIONS TO QUALI- (b) APPLICATION OF SECTION 751 TO INDIRECT ‘‘(ii) EXCEPTION FOR QUALIFIED CAPITAL IN- FIED CAPITAL INTERESTS FOR LOANS FROM NON- DISPOSITIONS OF INVESTMENT SERVICES PART- TERESTS.—A rule similar to the rule of sec- SERVICE-PROVIDING PARTNERS TO THE PART- NERSHIP INTERESTS.— tion 710(d) shall apply for purposes of clause NERSHIP.—For purposes of this subsection, (1) IN GENERAL.—Subsection (a) of section (i). any loan or other advance to the partnership 751 of the Internal Revenue Code of 1986 is ‘‘(C) COORDINATION WITH OTHER PROVI- made or guaranteed, directly or indirectly, amended by striking ‘‘or’’ at the end of para- SIONS.—Subparagraph (A) shall not apply to by a partner not providing services described graph (1), by inserting ‘‘or’’ at the end of any item described in paragraph (1)(E) (or so in subsection (c)(2) to the partnership (or paragraph (2), and by inserting after para- much of paragraph (1)(F) as relates to para- any person related to such partner) shall be graph (2) the following new paragraph: graph (1)(E)). taken into account in determining the quali- ‘‘(3) investment services partnership inter- ‘‘(D) SPECIAL RULES FOR CERTAIN PARTNER- fied capital interests of the partners in the ests held by the partnership,’’. SHIPS.— partnership. (2) CERTAIN DISTRIBUTIONS TREATED AS ‘‘(i) CERTAIN PARTNERSHIPS OWNED BY REAL ‘‘(e) OTHER INCOME AND GAIN IN CONNECTION SALES OR EXCHANGES.—Subparagraph (A) of ESTATE INVESTMENT TRUSTS.—Subparagraph WITH INVESTMENT MANAGEMENT SERVICES.— section 751(b)(1) of the Internal Revenue (A) shall not apply in the case of a partner- ‘‘(1) IN GENERAL.—If— Code of 1986 is amended by striking ‘‘or’’ at ship which meets each of the following re- ‘‘(A) a person performs (directly or indi- the end of clause (i), by inserting ‘‘or’’ at the quirements: rectly) investment management services for end of clause (ii), and by inserting after ‘‘(I) Such partnership is treated as publicly any investment entity, clause (ii) the following new clause: traded under this section solely by reason of ‘‘(B) such person holds (directly or indi- ‘‘(iii) investment services partnership in- interests in such partnership being convert- rectly) a disqualified interest with respect to terests held by the partnership,’’. ible into interests in a real estate invest- such entity, and (3) APPLICATION OF SPECIAL RULES IN THE ment trust which is publicly traded. ‘‘(C) the value of such interest (or pay- CASE OF TIERED PARTNERSHIPS.—Subsection ‘‘(II) 50 percent or more of the capital and ments thereunder) is substantially related to (f) of section 751 of the Internal Revenue profits interests of such partnership are the amount of income or gain (whether or Code of 1986 is amended by striking ‘‘or’’ at owned, directly or indirectly, at all times not realized) from the assets with respect to the end of paragraph (1), by inserting ‘‘or’’ at during the taxable year by such real estate which the investment management services the end of paragraph (2), and by inserting investment trust (determined with the appli- are performed, after paragraph (2) the following new para- cation of section 267(c)). any income or gain with respect to such in- graph: ‘‘(III) Such partnership meets the require- terest shall be treated as ordinary income. ‘‘(3) investment services partnership inter- ments of paragraphs (2), (3), and (4) of section Rules similar to the rules of subsections ests held by the partnership,’’. 856(c). (4) INVESTMENT SERVICES PARTNERSHIP IN- (a)(5) and (d) shall apply for purposes of this ‘‘(ii) CERTAIN PARTNERSHIPS OWNING OTHER TERESTS; QUALIFIED CAPITAL INTERESTS.—Sec- subsection. PUBLICLY TRADED PARTNERSHIPS.—Subpara- ‘‘(2) DEFINITIONS.—For purposes of this sub- tion 751 of the Internal Revenue Code of 1986 graph (A) shall not apply in the case of a section— is amended by adding at the end the fol- partnership which meets each of the fol- ‘‘(A) DISQUALIFIED INTEREST.— lowing new subsection: lowing requirements: ‘‘(g) INVESTMENT SERVICES PARTNERSHIP IN- ‘‘(i) IN GENERAL.—The term ‘disqualified ‘‘(I) Substantially all of the assets of such TERESTS.—For purposes of this section— interest’ means, with respect to any invest- partnership consist of interests in one or ‘‘(1) IN GENERAL.—The term ‘investment ment entity— more publicly traded partnerships (deter- services partnership interest’ has the mean- ‘‘(I) any interest in such entity other than mined without regard to subsection (b)(2)). ing given such term by section 710(c). indebtedness, ‘‘(II) Substantially all of the income of ‘‘(2) ADJUSTMENTS FOR QUALIFIED CAPITAL ‘‘(II) convertible or contingent debt of such such partnership is ordinary income or sec- INTERESTS.—The amount to which subsection entity, tion 1231 gain (as defined in section (a) applies by reason of paragraph (3) thereof ‘‘(III) any option or other right to acquire 1231(a)(3)). property described in subclause (I) or (II), shall not include so much of such amount as ‘‘(E) TRANSITIONAL RULE.—Subparagraph is attributable to any portion of the invest- and (A) shall not apply to any taxable year of the ment services partnership interest which is a ‘‘(IV) any derivative instrument entered partnership beginning before the date which qualified capital interest (determined under into (directly or indirectly) with such entity is 10 years after January 1, 2013.’’. or any investor in such entity. rules similar to the rules of section 710(d)). (d) IMPOSITION OF PENALTY ON UNDERPAY- ‘‘(ii) EXCEPTIONS.—Such term shall not in- ‘‘(3) RECOGNITION OF GAINS.—Any gain with MENTS.— clude— respect to which subsection (a) applies by (1) IN GENERAL.—Subsection (b) of section ‘‘(I) a partnership interest, reason of paragraph (3) thereof shall be rec- 6662 of the Internal Revenue Code of 1986 is ‘‘(II) except as provided by the Secretary, ognized notwithstanding any other provision amended by inserting after paragraph (7) the any interest in a taxable corporation, and of this title. following new paragraph: ‘‘(III) except as provided by the Secretary, ‘‘(4) COORDINATION WITH INVENTORY ITEMS.— ‘‘(8) The application of section 710(e) or the stock in an S corporation. An investment services partnership interest regulations or other guidance prescribed ‘‘(B) TAXABLE CORPORATION.—The term held by the partnership shall not be treated under section 710(h) to prevent the avoidance ‘taxable corporation’ means— as an inventory item of the partnership. of the purposes of section 710.’’. ‘‘(i) a domestic C corporation, or ‘‘(5) PREVENTION OF DOUBLE COUNTING.— (2) AMOUNT OF PENALTY.— ‘‘(ii) a foreign corporation substantially all Under regulations or other guidance pre- (A) IN GENERAL.—Section 6662 of the Inter- of the income of which is— scribed by the Secretary, subsection (a)(3) nal Revenue Code of 1986 is amended by add- ‘‘(I) effectively connected with the conduct shall not apply with respect to any amount ing at the end the following new subsection: of a trade or business in the United States, to which section 710 applies.’’. or (c) TREATMENT FOR PURPOSES OF SECTION ‘‘(k) INCREASE IN PENALTY IN CASE OF PROP- ‘‘(II) subject to a comprehensive foreign in- 7704.—Subsection (d) of section 7704 of the In- ERTY TRANSFERRED FOR INVESTMENT MAN- come tax (as defined in section 457A(d)(2)). ternal Revenue Code of 1986 is amended by AGEMENT SERVICES.—In the case of any por- ‘‘(C) INVESTMENT MANAGEMENT SERVICES.— adding at the end the following new para- tion of an underpayment to which this sec- The term ‘investment management services’ graph: tion applies by reason of subsection (b)(8), means a substantial quantity of any of the ‘‘(6) INCOME FROM CERTAIN CARRIED INTER- subsection (a) shall be applied with respect services described in subsection (c)(2). ESTS NOT QUALIFIED.— to such portion by substituting ‘40 percent’ ‘‘(D) INVESTMENT ENTITY.—The term ‘in- ‘‘(A) IN GENERAL.—Specified carried inter- for ‘20 percent’.’’. vestment entity’ means any entity which, if est income shall not be treated as qualifying (B) CONFORMING AMENDMENT.—Subpara- it were a partnership, would be an invest- income. graph (B) of section 6662A(e)(2) is amended by ment partnership. ‘‘(B) SPECIFIED CARRIED INTEREST INCOME.— striking ‘‘or (i)’’ and inserting ‘‘, (i), or (k)’’. ‘‘(f) REGULATIONS.—The Secretary shall For purposes of this paragraph— (3) SPECIAL RULES FOR APPLICATION OF REA- prescribe such regulations or other guidance ‘‘(i) IN GENERAL.—The term ‘specified car- SONABLE CAUSE EXCEPTION.—Subsection (c) of as is necessary or appropriate to carry out ried interest income’ means— section 6664 is amended— the purposes of this section, including regu- ‘‘(I) any item of income or gain allocated (A) by redesignating paragraphs (3) and (4) lations or other guidance to— to an investment services partnership inter- as paragraphs (4) and (5), respectively; ‘‘(1) provide modifications to the applica- est (as defined in section 710(c)) held by the (B) by striking ‘‘paragraph (3)’’ in para- tion of this section (including treating re- partnership, graph (5)(A), as so redesignated, and insert- lated persons as not related to one another) ‘‘(II) any gain on the disposition of an in- ing ‘‘paragraph (4)’’; and to the extent such modification is consistent vestment services partnership interest (as so (C) by inserting after paragraph (2) the fol- with the purposes of this section, and defined) or a partnership interest to which lowing new paragraph: ‘‘(2) coordinate this section with the other (in the hands of the partnership) section 751 ‘‘(3) SPECIAL RULE FOR UNDERPAYMENTS AT- provisions of this title. applies, and TRIBUTABLE TO INVESTMENT MANAGEMENT ‘‘(g) CROSS REFERENCE.—For 40 percent ‘‘(III) any income or gain taken into ac- SERVICES.— penalty on certain underpayments due to the count by the partnership under subsection ‘‘(A) IN GENERAL.—Paragraph (1) shall not avoidance of this section, see section 6662.’’. (b)(4) or (e) of section 710. apply to any portion of an underpayment to

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which section 6662 applies by reason of sub- providing investment management services (b) EFFECTIVE DATE.—The amendment section (b)(8) unless— to partnerships)’’ before the period at the made by this section shall apply to amounts ‘‘(i) the relevant facts affecting the tax end. paid or incurred after December 31, 2012. treatment of the item are adequately dis- (3) The table of sections for part I of sub- SEC. 432. REPEAL OF DEDUCTION FOR TERTIARY closed, chapter K of chapter 1 of the Internal Rev- INJECTANTS. ‘‘(ii) there is or was substantial authority enue Code of 1986 is amended by adding at (a) IN GENERAL.—Part VI of subchapter B for such treatment, and the end the following new item: of chapter 1 of the Internal Revenue Code of ‘‘(iii) the taxpayer reasonably believed ‘‘Sec. 710. Special rules for partners pro- 1986 (relating to itemized deductions for indi- that such treatment was more likely than viding investment management viduals and corporations) is amended by not the proper treatment. services to partnerships.’’. striking section 193 (relating to tertiary ‘‘(B) RULES RELATING TO REASONABLE BE- (g) EFFECTIVE DATE.— injectants). LIEF.—Rules similar to the rules of sub- (1) IN GENERAL.—Except as otherwise pro- (b) CLERICAL AMENDMENT.—The table of section (d)(3) shall apply for purposes of sub- vided in this subsection, the amendments sections for part VI of subchapter B of chap- paragraph (A)(iii).’’. made by this section shall apply to taxable ter 1 of the Internal Revenue Code of 1986 is (e) INCOME AND LOSS FROM INVESTMENT years ending after December 31, 2012. amended by striking the item relating to SERVICES PARTNERSHIP INTERESTS TAKEN (2) PARTNERSHIP TAXABLE YEARS WHICH IN- section 193. INTO ACCOUNT IN DETERMINING NET EARNINGS CLUDE EFFECTIVE DATE.—In applying section (c) EFFECTIVE DATE.—The amendments FROM SELF-EMPLOYMENT.— 710(a) of the Internal Revenue Code of 1986 made by this section shall apply to amounts (1) INTERNAL REVENUE CODE.— (as added by this section) in the case of any paid or incurred after December 31, 2012. (A) IN GENERAL.—Section 1402(a) of the In- partnership taxable year which includes Jan- SEC. 433. REPEAL OF PERCENTAGE DEPLETION ternal Revenue Code of 1986 is amended by uary 1, 2013, the amount of the net income FOR OIL AND GAS WELLS. striking ‘‘and’’ at the end of paragraph (16), referred to in such section shall be treated as (a) IN GENERAL.—Section 613A of the Inter- by striking the period at the end of para- being the lesser of the net income for the en- nal Revenue Code of 1986 (relating to limita- graph (17) and inserting ‘‘; and’’, and by in- tire partnership taxable year or the net in- tion on percentage depletion in the case of serting after paragraph (17) the following come determined by only taking into ac- oil and gas wells) is amended to read as fol- new paragraph: count items attributable to the portion of lows: ‘‘(18) notwithstanding the preceding provi- the partnership taxable year which is after sions of this subsection, in the case of any ‘‘SEC. 613A. PERCENTAGE DEPLETION NOT AL- such date. LOWED IN CASE OF OIL AND GAS individual engaged in the trade or business (3) DISPOSITIONS OF PARTNERSHIP INTER- WELLS. of providing services described in section ESTS.— ‘‘The allowance for depletion under section 710(c)(2) with respect to any entity, invest- (A) IN GENERAL.—Section 710(b) of such 611 with respect to any oil and gas well shall ment services partnership income or loss (as Code (as added by this section) shall apply to be computed without regard to section 613.’’. defined in subsection (m)) of such individual dispositions and distributions after Decem- (b) EFFECTIVE DATE.—The amendment with respect to such entity shall be taken ber 31, 2012. made by this section shall apply to taxable into account in determining the net earnings (B) INDIRECT DISPOSITIONS.—The amend- years beginning after December 31, 2012. from self-employment of such individual.’’. ments made by subsection (b) shall apply to SEC. 434. SECTION 199 DEDUCTION NOT AL- (B) INVESTMENT SERVICES PARTNERSHIP IN- transactions after December 31, 2012. LOWED WITH RESPECT TO OIL, NAT- COME OR LOSS.—Section 1402 of the Internal (4) OTHER INCOME AND GAIN IN CONNECTION URAL GAS, OR PRIMARY PRODUCTS Revenue Code is amended by adding at the THEREOF. WITH INVESTMENT MANAGEMENT SERVICES.— end the following new subsection: Section 710(e) of such Code (as added by this (a) IN GENERAL.—Subparagraph (B) of sec- ‘‘(m) INVESTMENT SERVICES PARTNERSHIP section) shall take effect on January 1, 2013. tion 199(c)(4) of the Internal Revenue Code of INCOME OR LOSS.—For purposes of subsection 1986 (relating to income attributable to do- Subtitle C—Close Loophole for Corporate Jet (a)— mestic production activities) is amended— Depreciation ‘‘(1) IN GENERAL.—The term ‘investment (1) by striking ‘‘or’’ at the end of clause services partnership income or loss’ means, SEC. 421. GENERAL AVIATION AIRCRAFT TREAT- (ii), with respect to any investment services ED AS 7-YEAR PROPERTY. (2) by striking the period at the end of (a) IN GENERAL.—Subparagraph (C) of sec- partnership interest (as defined in section clause (iii) and inserting in lieu thereof ‘‘, tion 168(e)(3) of the Internal Revenue Code of 710(c)), the net of— or’’, and 1986 (relating to classification of certain ‘‘(A) the amounts treated as ordinary in- (3) by adding at the end thereof the fol- property) is amended by striking ‘‘and’’ at come or ordinary loss under subsections (b) lowing new clause: the end of clause (iv), by redesignating and (e) of section 710 with respect to such in- ‘‘(iv) the production, refining, processing, terest, clause (v) as clause (vi), and by inserting after clause (iv) the following new clause: transportation, or distribution of oil, natural ‘‘(B) all items of income, gain, loss, and de- gas, or any primary product (within the duction allocated to such interest, and ‘‘(v) any general aviation aircraft, and’’. (b) CLASS LIFE.—Paragraph (3) of section meaning of subsection (d)(9)) thereof.’’. ‘‘(C) the amounts treated as realized from 168(g) Internal Revenue Code of 1986 is (b) CONFORMING AMENDMENT.—Paragraph the sale or exchange of property other than amended by inserting after subparagraph (E) (9) of section 199(d) is amended to read as fol- a capital asset under section 751 with respect the following new subparagraph: lows: to such interest. ‘‘(F) GENERAL AVIATION AIRCRAFT.—In the ‘‘(9) PRIMARY PRODUCT.—For purposes of ‘‘(2) EXCEPTION FOR QUALIFIED CAPITAL IN- case of any general aviation aircraft, the re- subsection (c)(4)(B)(iv), the term ‘primary TERESTS.—A rule similar to the rule of sec- covery period used for purposes of paragraph product’ has the same meaning as when used tion 710(d) shall apply for purposes of apply- (2) shall be 12 years.’’. in section 927(a)(2)(C) as in effect before its ing paragraph (1)(B)(ii).’’. (c) GENERAL AVIATION AIRCRAFT.—Sub- repeal.’’. (2) SOCIAL SECURITY ACT.—Section 211(a) of section (i) of section 168 Internal Revenue (c) EFFECTIVE DATE.—The amendments the Social Security Act is amended by strik- Code of 1986 is amended by inserting after made by this section shall apply to taxable ing ‘‘and’’ at the end of paragraph (15), by paragraph (19) the following new paragraph: years beginning after December 31, 2012. striking the period at the end of paragraph ‘‘(20) GENERAL AVIATION AIRCRAFT.—The SEC. 435. REPEAL OIL AND GAS WORKING INTER- (16) and inserting ‘‘; and’’, and by inserting term ‘general aviation aircraft’ means any EST EXCEPTION TO PASSIVE ACTIV- after paragraph (16) the following new para- airplane or helicopter (including airframes ITY RULES. graph: and engines) not used in commercial or con- (a) IN GENERAL.—Paragraph (3) of section ‘‘(17) Notwithstanding the preceding provi- tract carrying of passengers or freight, but 469(c) of the Internal Revenue Code of 1986 sions of this subsection, in the case of any which primarily engages in the carrying of (relating to passive activity defined) is individual engaged in the trade or business passengers.’’. amended by adding at the end thereof the of providing services described in section (d) EFFECTIVE DATE.—This section shall be following new subparagraph: 710(c)(2) of the Internal Revenue Code of 1986 effective for property placed in service after ‘‘(C) TERMINATION.—Subparagraph (A) shall with respect to any entity, investment serv- December 31, 2012. not apply for any taxable year beginning ices partnership income or loss (as defined in Subtitle D—Repeal Oil Subsidies after December 31 2012.’’. section 1402(m) of such Code) shall be taken (b) EFFECTIVE DATE.—The amendment SEC. 431. REPEAL OF DEDUCTION FOR INTAN- into account in determining the net earnings GIBLE DRILLING AND DEVELOP- made by this section shall apply to taxable from self-employment of such individual.’’. MENT COSTS IN THE CASE OF OIL years beginning after December 31, 2012. (f) CONFORMING AMENDMENTS.— AND GAS WELLS. SEC. 436. UNIFORM SEVEN-YEAR AMORTIZATION (1) Subsection (d) of section 731 of the In- (a) IN GENERAL.—Section 263(c) of the In- FOR GEOLOGICAL AND GEO- ternal Revenue Code of 1986 is amended by ternal Revenue Code of 1986 (relating to in- PHYSICAL EXPENDITURES. inserting ‘‘section 710(b)(4) (relating to dis- tangible drilling and development costs) is (a) IN GENERAL.—Paragraph (1) of section tributions of partnership property),’’ after amended by adding at the end the following 167(h) of the Internal Revenue Code of 1986 ‘‘to the extent otherwise provided by’’. new sentence: ‘‘This subsection shall not (relating to amortization of geological and (2) Section 741 of the Internal Revenue apply in the case of oil and gas wells with re- geophysical expenditures) is amended by Code of 1986 is amended by inserting ‘‘or sec- spect to amounts paid or incurred after De- striking ‘‘24-month’’ and inserting in lieu tion 710 (relating to special rules for partners cember 31, 2012.’’. thereof ‘‘7-year’’.

VerDate Mar 15 2010 03:46 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.046 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6274 CONGRESSIONAL RECORD — SENATE October 5, 2011 (b) CONFORMING AMENDMENTS.—Section that, if such amounts were an amount of tax give notice in writing that it is my in- 167(h) is amended— paid or accrued, would be considered paid or tention to move to suspend Rule XXII, (1) by striking ‘‘24-month’’ in paragraph (4) accrued in taxable years beginning after De- Paragraph 2, including germaneness re- and inserting in lieu thereof ‘‘7-year’’, and cember 31, 2012. quirements, for the purpose of pro- (2) by striking paragraph (5). SEC. 442. SEPARATE BASKET TREATMENT TAXES posing and considering amendment No. (c) EFFECTIVE DATE.—The amendments PAID ON FOREIGN OIL AND GAS IN- made by this section shall apply to amounts COME. 670 to S. 1619. paid or incurred after December 31, 2012. (a) SEPARATE BASKET FOR FOREIGN TAX Mr. MCCONNELL. Mr. President, I SEC. 437. REPEAL ENHANCED OIL RECOVERY CREDIT.—Paragraph (1) of section 904(d) of submit the following notice in writing: CREDIT. the Internal Revenue Code of 1986 is amended In accordance with Rule V of the (a) IN GENERAL.—Subpart D of part IV of by striking ‘‘and’’ at the end of subparagraph Standing Rules of the Senate, I hereby subchapter A of chapter 1 of the Internal (A), by striking the period at the end of sub- give notice in writing that it is my in- Revenue Code of 1986 (relating to business re- paragraph (B) and inserting ‘‘, and’’, and by tention to move to suspend Rule XXII, lated credits) is amended by striking section adding at the end the following: including germaneness requirements, 43 (relating to enhanced oil recovery credit). ‘‘(C) combined foreign oil and gas income (as defined in section 907(b)(1)).’’. for the purpose of proposing and con- (b) CLERICAL AMENDMENT.—The table of sidering amendment No. 671 to S. 1619 sections for subpart D of part IV of sub- (b) COORDINATION.—Section 904(d)(2) of such chapter A of chapter 1 of the Internal Rev- Code is amended by redesignating subpara- or any related substitute amendment enue Code of 1986 is amended by striking the graphs (J) and (K) as subparagraphs (K) and to S. 1619. item relating to section 43. (L) and by inserting after subparagraph (I) Mr. MCCONNELL. Mr. President, I (c) EFFECTIVE DATE.—The amendments the following: submit the following notice in writing: made by this section shall apply to taxable ‘‘(J) COORDINATION WITH COMBINED FOREIGN In accordance with Rule V of the years beginning after December 31, 2012. OIL AND GAS INCOME.—For purposes of this Standing Rules of the Senate, I hereby section, passive category income and general SEC. 438. REPEAL MARGINAL WELL PRODUCTION give notice in writing that it is my in- CREDIT. category income shall not include combined tention to move to suspend Rule XXII, (a) IN GENERAL.—Subpart D of part IV of foreign oil and gas income (as defined in sec- tion 907(b)(1)).’’. including germaneness requirements, subchapter A of chapter 1 of the Internal for the purpose of proposing and con- Revenue Code of 1986 (relating to business re- (c) CONFORMING AMENDMENTS.— lated credits) is amended by striking section (1) Section 907(a) is hereby repealed. sidering amendment No. 672 to S. 1619 45I (relating to credit for producing oil and (2) Section 907(c)(4) is hereby repealed. or any related substitute amendment gas from marginal wells). (3) Section 907(f) is hereby repealed. to S. 1619. (d) EFFECTIVE DATES.— (b) CLERICAL AMENDMENT.—The table of Mr. PAUL. Mr. President, I submit (1) IN GENERAL.—The amendments made by sections for subpart D of part IV of sub- the following notice in writing: this section shall apply to taxable years be- chapter A of chapter 1 of the Internal Rev- In accordance with Rule V of the ginning after December 31, 2012. enue Code of 1986 is amended by striking the (2) TRANSITIONAL RULES.— Standing Rules of the Senate, I hereby item relating to section 45I. (A) CARRYOVERS.—Any unused foreign oil give notice in writing that it is my in- (c) EFFECTIVE DATE.—The amendments and gas taxes which under section 907(f) of tention to move to suspend Rule XXII, made by this section shall apply to taxable such Code (as in effect before the amendment including germaneness requirements, years beginning after December 31, 2012. made by subsection (c)(3)) would have been for the purpose of proposing and con- Subtitle E—Dual Capacity Taxpayers allowable as a carryover to the taxpayer’s sidering amendment No. 678 to S. 1619. SEC. 441. MODIFICATIONS OF FOREIGN TAX first taxable year beginning after December Mr. MCCONNELL. Mr. President, I CREDIT RULES APPLICABLE TO 31, 2012 (without regard to the limitation of submit the following notice in writing: DUAL CAPACITY TAXPAYERS. paragraph (2) of such section 907(f) for first (a) IN GENERAL.—Section 901 of the Inter- In accordance with Rule V of the taxable year) shall be allowed as carryovers Standing Rules of the Senate, I hereby nal Revenue Code of 1986 (relating to credit under section 904(c) of such Code in the same for taxes of foreign countries and of posses- manner as if such taxes were unused taxes give notice in writing that it is my in- sions of the United States) is amended by re- under such section 904(c) with respect to for- tention to move to suspend Rule XXII, designating subsection (n) as subsection (o) eign oil and gas extraction income. including germaneness requirements, and by inserting after subsection (m) the fol- (B) LOSSES.—The amendment made by sub- for the purpose of proposing and con- lowing new subsection: section (c)(2) shall not apply to foreign oil sidering amendment No. 680 to S. 1619 ‘‘(n) SPECIAL RULES RELATING TO DUAL CA- and gas extraction losses arising in taxable or any related substitute amendment PACITY TAXPAYERS.— years beginning on or before the date of the to S. 1619. ‘‘(1) GENERAL RULE.—Notwithstanding any enactment of this Act. other provision of this chapter, any amount Mr. JOHANNS. Mr. President, I sub- Subtitle F—Increased Target and Trigger for paid or accrued by a dual capacity taxpayer mit the following notice in writing: Joint Select Committee on Deficit Reduction or any member of the worldwide affiliated In accordance with Rule V of the group of which such dual capacity taxpayer SEC. 451. INCREASED TARGET AND TRIGGER FOR Standing Rules of the Senate, I hereby JOINT SELECT COMMITTEE ON DEF- is also a member to any foreign country or ICIT REDUCTION. give notice in writing that it is my in- to any possession of the United States for (a) INCREASED TARGET FOR JOINT SELECT tention to move to suspend Rule XXII, any period shall not be considered a tax to COMMITTEE.—Section 401(b)(2) of the Budget including germaneness requirements, the extent such amount exceeds the amount Control Act of 2011 is amended by striking for the purpose of proposing and con- (determined in accordance with regulations) ‘‘$1,500,000,000,000’’ and inserting sidering amendment No. 692 to S. 1619 which would have been required to be paid if ‘‘$1,950,000,000,000’’. the taxpayer were not a dual capacity tax- or any related substitute amendment (b) TRIGGER FOR JOINT SELECT COM- to S. 1619. payer. MITTEE.—Section 302 of the Budget Control ‘‘(2) DUAL CAPACITY TAXPAYER.—For pur- Act of 2011 is amended by redesignating sub- Mr. MCCONNELL. Mr. President, I poses of this subsection, the term ‘dual ca- section (b) as subsection (c) and by inserting submit the following notice in writing: pacity taxpayer’ means, with respect to any after subsection (a) the following new sub- In accordance with Rule V of the foreign country or possession of the United section: Standing Rules of the Senate, I hereby States, a person who— ‘‘(b) TRIGGER.—If a joint committee bill give notice in writing that it is my in- ‘‘(A) is subject to a levy of such country or achieving an amount greater than tention to move to suspend Rule XXII, possession, and ‘$1,650,000,000,000’ in deficit reduction as pro- including germaneness requirements, ‘‘(B) receives (or will receive) directly or vided in section 401(b)(3)(B)(i)(II) of this Act indirectly a specific economic benefit (as de- for the purpose of proposing and con- is enacted by January 15, 2012, then the sidering amendment No. 703 to S. 1619 termined in accordance with regulations) amendments to the Internal Revenue Code of from such country or possession. 1986 made by subtitles A through E of title or any related substitute amendment ‘‘(3) REGULATIONS.—The Secretary may IV of the American Jobs Act of 2011, shall to S. 1619. issue such regulations or other guidance as not be in effect for any taxable year.’’. Mr. MCCONNELL. Mr. President, I is necessary or appropriate to carry out the f submit the following notice in writing: purposes of this subsection.’’. In accordance with Rule V of the (b) CONTRARY TREATY OBLIGATIONS NOTICES OF INTENT TO SUSPEND Standing Rules of the Senate, I hereby UPHELD.—The amendments made by this sec- THE RULES give notice in writing that it is my in- tion shall not apply to the extent contrary to any treaty obligation of the United Mr. COBURN. Mr. President, I sub- tention to move to suspend Rule XXII, States. mit the following notice in writing: including germaneness requirements, (c) EFFECTIVE DATE.—The amendments In accordance with Rule V of the for the purpose of proposing and con- made by this section shall apply to amounts Standing Rules of the Senate, I hereby sidering amendment No. 720 to S. 1619

VerDate Mar 15 2010 03:46 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.046 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE October 5, 2011 CONGRESSIONAL RECORD — SENATE S6275 or any related substitute amendment during the session of the Senate on Oc- The PRESIDING OFFICER. The to S. 1619. tober 5, 2011. clerk will report the resolution by (The afore mentioned amendments The PRESIDING OFFICER. Without title. are printed in the RECORD of October 3, objection, it is so ordered. The bill clerk read as follows: 2011, under ‘‘Text of Amendments.’’) COMMITTEE ON FOREIGN RELATIONS A resolution (S. Res. 287) designating Octo- Mr. MCCONNELL. Mr. President, I Mrs. HAGAN. Mr. President, I ask ber 2011 as ‘‘Filipino American History submit the following notice in writing: unanimous consent that the Com- Month.’’ In accordance with Rule V of the mittee on Foreign Relations be author- There being no objection, the Senate Standing Rules of the Senate, I hereby ized to meet during the session of the proceeded to consider the resolution. give notice in writing that it is my in- Senate on October 5, 2011, at 10 a.m. Mr. REID. Mr. President, I ask unan- tention to move to suspend Rule XXII, The PRESIDING OFFICER. Without imous consent the resolution be agreed including germaneness requirements, objection, it is so ordered. to, the preamble be agreed to, the mo- for the purpose of proposing and con- COMMITTEE ON HOMELAND SECURITY AND tion to reconsider be laid upon the sidering amendment No. 735 to S. 1619 GOVERNMENTAL AFFAIRS table, with no intervening action or de- or any related substitute amendment Mrs. HAGAN. Mr. President, I ask bate, and any statements be printed in to S. 1619. unanimous consent that the Com- the RECORD. (The amendment is printed in today’s mittee on Homeland Security and Gov- The PRESIDING OFFICER. Without RECORD under ‘‘Text of Amendments’’) ernmental Affairs be authorized to objection, it is so ordered. f meet during the session of the Senate The resolution (S. Res. 287) was on October 5, 2011, at 10 a.m. agreed to. NOTICES OF HEARINGS The PRESIDING OFFICER. Without The preamble was agreed to. COMMITTEE ON HEALTH, EDUCATION, LABOR, objection, it is so ordered. The resolution, with its preamble, AND PENSIONS COMMITTEE ON THE JUDICIARY reads as follows: Mr. HARKIN. Mr. President, I wish to Mrs. HAGAN. Mr. President, I ask S. RES. 287 announce that the Committee on unanimous consent that the Com- Whereas October 18, 1587, when the first Health, Education, Labor, and Pen- mittee on the Judiciary be authorized ‘‘Luzones Indios’’ set foot in Morro Bay, sions will meet in open session on to meet during the session of the Sen- California, on board the Manila-built galleon Tuesday, October 11, 2011, at 1 p.m. at ate on October 5, 2011, at 2:30 p.m., in ship Nuestra Senora de Esperanza, marks the room SH–216 of the Hart Senate Office earliest documented Filipino presence in the the Kellogg Conference Center, Gal- continental United States; laudet University, 800 Florida Avenue, Building, to conduct a hearing entitled Whereas the Filipino American National NE, Washington, DC, to conduct a ‘‘Considering the Role of Judges Under Historical Society recognizes the year of 1763 hearing entitled ‘‘Leveraging Higher the Constitution of the United States.’’ as the date of the first permanent Filipino Education to Improve Employment The PRESIDING OFFICER. Without settlement in the United States in St. Malo, Outcomes for People Who Are Deaf or objection, it is so ordered. Louisiana; Hard of Hearing.’’ AD HOC SUBCOMMITTEE ON CONTRACTING Whereas the recognition of the first perma- For further information regarding OVERSIGHT nent Filipino settlement in the United States adds new perspective to United States this hearing, please contact Andrew Mrs. HAGAN. Mr. President, I ask unanimous consent that the Ad Hoc history by bringing attention to the eco- Imparato of the committee staff on nomic, cultural, social, and other notable (202) 228–3453. Subcommittee on Contracting Over- contributions that Filipino Americans have COMMITTEE ON HEALTH, EDUCATION, LABOR, sight of the Committee on Homeland made in countless ways toward the develop- AND PENSIONS Security and Governmental Affairs be ment of the United States; Mr. HARKIN. Mr. President, I wish to authorized to meet during the session Whereas the Filipino-American commu- announce that the Committee on of the Senate on October 5, 2011, at 2 nity is the third largest Asian-American p.m. to conduct a hearing entitled group in the United States, with a popu- Health, Education, Labor, and Pen- lation of approximately 3,417,000 individuals; sions will meet in open session on ‘‘Food Service Management Contracts: Are Contractors Overcharging the Gov- Whereas Filipino-American servicemen Wednesday, October 12, 2011, at 2:30 and servicewomen have a longstanding his- p.m. in SD–430 to conduct a hearing en- ernment?’’ tory of serving in the Armed Forces, from titled ‘‘The State of Chronic Disease The PRESIDING OFFICER. Without the Civil War to the Iraq and Afghanistan Prevention.’’ objection, it is so ordered. conflicts, including the 250,000 Filipinos who For further information regarding SUBCOMMITTEE ON ECONOMIC POLICY fought under the United States flag during this hearing, please contact Craig Mar- Mrs. HAGAN. Mr. President, I ask World War II to protect and defend the United States; tinez of the committee staff on (202) unanimous consent that the Com- mittee on Banking, Housing, and Whereas 9 Filipino Americans have re- 224–7675. ceived the Congressional Medal of Honor, the Urban Affairs’ Subcommittee on Eco- COMMITTEE ON HEALTH, EDUCATION, LABOR, highest award for valor in action against an AND PENSIONS nomic Policy be authorized to meet enemy force that can be bestowed upon an Mr. HARKIN. Mr. President, I wish to during the session of the Senate on Oc- individual serving in the Armed Forces; announce that the Committee on tober 5, 2011, at 10 a.m., to conduct a Whereas Filipino Americans play an inte- Health, Education, Labor, and Pen- hearing entitled ‘‘Consumer Protection gral role in the United States health care system as nurses, doctors, and other medical sions will meet in executive session on and Middle Class Wealth Building in an Age of Growing Household Debt.’’ professionals; Tuesday, October 18, 2011, at 2:30 p.m. Whereas Filipino Americans have contrib- in SD–106 to mark up a bill that would The PRESIDING OFFICER. Without objection, it is so ordered. uted greatly to music, dance, literature, edu- reauthorize the Elementary and Sec- cation, business, literature, journalism, ondary Education Act; and, any nomi- f sports, fashion, politics, government, nations cleared for action. PRIVILEGES OF THE FLOOR science, technology, the fine arts, and other fields in the United States that enrich the For further information regarding Mr. HARKIN. Mr. President, I ask this meeting, please contact the com- landscape of the country; unanimous consent that Juliana Rich- Whereas efforts should continue to pro- mittee on (202) 224–5375. ard and Kathryn Berge of my staff be mote the study of Filipino-American history f granted floor privileges for the dura- and culture, as mandated in the mission statement of the Filipino American National AUTHORITY FOR COMMITTEES TO tion of today’s proceedings. The PRESIDING OFFICER. Without Historical Society, because the roles of Fili- MEET objection, it is so ordered. pino Americans and other people of color largely have been overlooked in the writing, COMMITTEE ON COMMERCE, SCIENCE, AND f teaching, and learning of United States his- TRANSPORTATION tory; Mrs. HAGAN. Mr. President, I ask FILIPINO AMERICAN HISTORY MONTH Whereas it is imperative for Filipino- unanimous consent that the Com- American youth to have positive role models mittee on Commerce, Science, and Mr. REID. I ask unanimous consent to instill in them the significance of edu- Transportation be authorized to meet the Senate proceed to S. Res. 287. cation, complemented with the richness of

VerDate Mar 15 2010 03:46 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\CR\FM\A05OC6.031 S05OCPT1 pwalker on DSK5TPTVN1PROD with SENATE S6276 CONGRESSIONAL RECORD — SENATE October 5, 2011 their ethnicity and the value of their legacy; be approved to date, the morning hour To be major general and be deemed expired, and the time for the BRIG. GEN. JANET L. COBB Whereas Filipino American History Month two leaders be reserved for their use THE FOLLOWING NAMED OFFICER FOR APPOINTMENT is celebrated during the month of October later in the day; that following any IN THE UNITED STATES ARMY TO THE GRADE INDICATED 2011: Now, therefore, be it WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND Resolved, That the Senate— leader remarks, the Senate resume RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: (1) designates October 2011 as ‘‘Filipino consideration of S. 1619, the Currency To be lieutenant general American History Month’’; Exchange Rate Oversight Reform Act, MAJ. GEN. MARY A. LEGERE (2) recognizes the celebration of Filipino with the time until 10:30 a.m. equally THE FOLLOWING NAMED OFFICER FOR APPOINTMENT American History Month as— divided and controlled between the two IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND (A) a study of the advancement of Filipino leaders or their designees. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Americans; The PRESIDING OFFICER. Without To be lieutenant general (B) a time of reflection and remembrance objection, it is so ordered. of the many notable contributions Filipino MAJ. GEN. MICHAEL S. TUCKER Americans have made to the United States; f IN THE NAVY and PROGRAM THE FOLLOWING NAMED OFFICER FOR APPOINTMENT (C) a time to renew efforts toward the re- IN THE UNITED STATES NAVY TO THE GRADE INDICATED search and examination of history and cul- Mr. REID. The second-degree filing WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ture in order to provide an opportunity for deadline for amendments to S. 1619 is RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: all people in the United States to learn and at 10 a.m. tomorrow. There will be a To be vice admiral appreciate more about Filipino Americans rollcall vote at 10:30 a.m. tomorrow on REAR ADM. TIMOTHY M. GIARDINA and their historic contributions to the the motion to invoke cloture on S. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT United States; and IN THE UNITED STATES NAVY TO THE GRADE INDICATED 1619, the China currency bill. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND (3) urges the people of the United States to RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: observe Filipino American History Month f To be vice admiral with appropriate programs and activities. ADJOURNMENT UNTIL 9:30 A.M. REAR ADM. WILLIAM D. FRENCH f TOMORROW IN THE ARMY Mr. REID. Mr. President, if there is MEASURE READ THE FIRST THE FOLLOWING NAMED INDIVIDUAL IN THE GRADE IN- TIME—S. 1660 no further business to come before the DICATED IN THE RESERVE OF THE ARMY UNDER TITLE Senate, I ask unanimous consent that 10, U.S.C., SECTION 12203: Mr. REID. Mr. President, I am told it adjourn under the previous order. To be colonel that S. 1660 is at the desk and due for There being no objection, the Senate, KENT T. CRITCHLOW its first reading. at 8:09 p.m., adjourned until Thursday, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT The PRESIDING OFFICER. The October 6, 2011, at 9:30 a.m. TO THE GRADE INDICATED IN THE UNITED STATES ARMY clerk will report the bill by title. AS CHAPLAINS UNDER TITLE 10, U.S.C., SECTIONS 624 AND f 3064: The bill clerk read as follows: To be colonel NOMINATIONS A bill (S. 1660) to provide tax relief for CARLETON W. BIRCH American workers and businesses, to put Executive nominations received by DEAN E. BONURA workers back on the job while rebuilding and the Senate: DAVID M. BROWN modernizing America, and to provide path- PETER M. BRZEZINSKI THE JUDICIARY MARC S. GAUTHIER ways back to work for Americans looking for MITCHELL I. LEWIS jobs. PATTY SHWARTZ, OF NEW JERSEY, TO BE UNITED TERRY L. MCBRIDE STATES CIRCUIT JUDGE FOR THE THIRD CIRCUIT, VICE PETER L. MUELLER Mr. REID. I ask for a second reading MARYANNE TRUMP BARRY, RETIRED. ROBERT L. POWERS, JR. IN THE AIR FORCE CARL R. RAU of this matter but object to my own re- HARRY A. RAUCH III quest. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED MARK E. ROEDER The PRESIDING OFFICER. Objec- STATES OFFICER FOR APPOINTMENT IN THE RESERVE MICHAEL L. THOMAS OF THE AIR FORCE TO THE GRADE INDICATED UNDER DARRELL E. THOMSEN, JR. tion having been heard, the bill will be TITLE 10, U.S.C., SECTIONS 12203 AND 12212: ROBERT C. WARDEN TERRY L. WHITESIDE read the second time on the next legis- To be brigadier general ROBERT H. WHITLOCK lative day. COL. PETER R. MASCIOLA JERRY M. WOODBERY f IN THE ARMY IN THE NAVY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- ORDERS FOR THURSDAY, OCTOBER AS THE VICE CHIEF OF STAFF OF THE ARMY AND AP- MENT TO THE GRADE INDICATED IN THE UNITED STATES 6, 2011 POINTMENT IN THE UNITED STATES ARMY TO THE NAVY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: GRADE INDICATED WHILE ASSIGNED TO A POSITION OF To be captain Mr. REID. Mr. President, I ask unan- IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, imous consent that when the Senate U.S.C., SECTIONS 601 AND 3034: WILLIAM B. CARTER To be general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT completes its business today, it ad- TO THE GRADE INDICATED IN THE UNITED STATES NAVY journ until 9:30 a.m. on Thursday, Oc- GEN. LLOYD J. AUSTIN III UNDER TITLE 10, U.S.C., SECTION 624: tober 6, 2011; that following the prayer THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be commander IN THE RESERVE OF THE ARMY TO THE GRADE INDI- and pledge, the Journal of proceedings CATED UNDER TITLE 10, U.S.C., SECTION 12203: JUDITH A. CIESLA

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A TRIBUTE IN RECOGNITION OF Coach of the Year contest, I ask my col- CONGRATULATING THE REPUBLIC UP2US leagues to please join me in congratulating OF CHINA (TAIWAN) ON ITS 100TH this year’s finalists. They are among a distin- ANNIVERSARY HON. MARCIA L. FUDGE guished group of individuals dedicated to im- OF OHIO proving the lives of our youth through sport. HON. DON YOUNG IN THE HOUSE OF REPRESENTATIVES Renato is the Executive Director of Access OF ALASKA Youth Academy. He came to San Diego to Wednesday, October 5, 2011 IN THE HOUSE OF REPRESENTATIVES join Access Youth Academy (formerly Surf Wednesday, October 5, 2011 Ms. FUDGE. Mr. Speaker, I rise today to City Squash) in May of 2007 from Harvard recognize Up2Us—a leader in sports based University where he was the Assistant Coach Mr. YOUNG of Alaska. Mr. Speaker, I wish youth development—on the occasion of its an- of the squash team. Originally from Brazil, to express my heartfelt congratulations to the nual awards ceremony for its Coach of the Renato was a Brazilian Junior Champion and Republic of China (Taiwan) on their upcoming Year contest to be held here in Washington, a top junior in South America. He represented centennial anniversary of becoming the first D.C. his home country on the national team as its democracy in Asia on October 10, 1911. The Up2Us is leading a national movement to captain. Now, he is a role model, teacher and annual celebration of this event is known as advance sports as a tool for addressing the coach to hundreds of urban youth in San ‘‘Double Ten Day,’’ and celebrates the start of critical issues facing youth in this nation, in- Diego. the Wuchang Uprising which established the cluding childhood obesity, academic failure Lisa Hawk is the Exercise & Health Science Republic of China. and anti-social behavior. Department Chair, Athletic Director and la- Since the Taiwan Relations Act of 1979, Up2Us accomplishes this by supporting a crosse coach at the Preuss School at UCSD. Taiwan has been a true friend and long term national network of nearly 500 member organi- The Preuss School is a nationally recognized ally with the United States. Both the U.S. and zations operating in all fifty states. Together, school that serves a low income diverse popu- Taiwan have maintained strong trade ties these organizations serve 25 million youth lation. Lisa is an advocate for sports as a tool stemming from our close friendship; I hope through both traditional and non-traditional for positive youth development and is chang- these ties continue to advance and expand in sports. As one way of serving this network, ing lives through her work. Her athletes recog- the future. Up2Us launched an initiative called Coach nize how special Lisa is: ‘‘She sees the poten- Alaskan and Taiwanese relations are also Across America. tial in each of her players and does not quit close as Taiwan is the only country with whom The Up2Us Coach Across America (CAA) until that spark she sees within us is released Alaska has a codified relationship agreement. program is an AmeriCorps program that rep- for the public eye to see. She has helped me In 2004, leaders from both Alaska and Taiwan resents the first nationwide effort to mobilize a through the turbulence of a teenage life to the established the Taiwan-Alaska Trade and In- workforce to promote positive youth develop- hectic lifestyle at home and has given me a vestment Cooperation Council to further ex- ment through sports. In partnership with the comfortable place to go as well as someone to tend collaboration between Alaska and Tai- Corporation for National and Community Serv- turn to.’’ wan. Because of this collaboration, both Alas- ice and Nike, CAA coaches use sports as a ka and Taiwan have greatly benefitted from Ktrice McNeill is the 2011 Coach Across means to promote health and nutrition, edu- the many cultural exchanges, and improved America Coach of the Year recipient. Ktrice cation success, civic engagement and per- trade and transport relations. In fact, in 2010, recently completed his year of service coach- sonal and social development among youth in Taiwan was Alaska’s 16th largest export ing basketball at Edenwald Community Center some of the nation’s poorest neighborhoods. power and received $23 million in exports in- in New York. Ktrice is a NY native influenced Last year, CAA placed 250 AmeriCorps cluding forest products, energy, and machin- by his parents who reminded him daily that members to serve as coaches in 105 youth ery. However, since 2008, Alaska has ex- ‘‘without education you have nothing.’’ Grow- programs across 20 states to work with more ported $143 million to Taiwan making it Alas- ing up in an inner city where gang violence than 35,000 kids. In exchange for college tui- ka’s 9th largest trading partner over the last 3 and drugs were prevalent, Ktrice understands tion awards and a living stipend, coaches years. first-hand that ‘‘sports give me and other completed a total of 170,000 service hours I would like to congratulate Taiwan on its young people in my community a safe haven (equivalent to $3.5 million in national service), 100th anniversary and thank them for their to feel secure and feel like there’s not a care recruited over 1000 program volunteers, con- role as an important strategic ally of the in the world.’’ As a coach, Ktrice aims to use nected roughly 500 new parents to their re- United States. his voice to teach young people that ‘‘failure is spective programs and conducted more than f 250 service-learning projects totaling 35,000 not an option.’’ hours of youth volunteer service effort. Faye Stevens-Jett is a Physical Education IN RECOGNITION OF TAIWAN’S The 35,000 kids served by CAA coaches Teacher and Athletic Director at Morton CENTENNIAL NATIONAL DAY have access to the programs they need for School of Excellence in Chicago, Illinois. For their full development; are provided a safe the past eleven years, she has coached dou- HON. DOUG LAMBORN ble dutch, cheerleading, and pom-pom. In ad- place to acquire new knowledge and skills; OF COLORADO dition to her many city championships, she gain a heightened sense of competency and IN THE HOUSE OF REPRESENTATIVES self-respect through working to make a dif- has impacted many young lives through her ference in their communities; build relation- work. Faye received several nominations high- Wednesday, October 5, 2011 ships with caring adult role models; develop lighting her work ethic and commitment to her Mr. LAMBORN. Mr. Speaker, on October leadership skills on and off the field; and have students: ‘‘Faye goes above and beyond the 10th, the Republic of China will celebrate its a better understanding of healthy eating and call of duty to make sure her students have Centennial National Day. The United States of the importance of physical activity and exer- the things they need. She is consistently in- America and Taiwan enjoy a close and strong cise. credible.’’ relationship based on shared democratic val- In recognition of the powerful role that I also want to recognize Up2Us’ entire staff ues and free market economies. coaches have on the lives of youth, Up2Us of employees and volunteers. They are all to While welcome, the improved relations be- runs an annual contest—Coach of the Year— be commended for their work to keep Up2Us tween the two sides does not eliminate the to honor the unsung heroes who devote their the vibrant and strong organization that it re- need for the United States to continue to help lives to the positive development of youth mains today; I extend to all of them my best Taiwan’s defense capabilities under the Tai- through sports. wishes for many more successful years wan Relations Act. Based on that act, the Mr. Speaker, as Up2Us and its participating ahead. Indeed they are demonstrating that ad- United States should continue to aid Taiwan in members honor the winners of this year’s vancing the lives of our youth is a team sport. replacing its aging air force. According to the

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

VerDate Mar 15 2010 04:54 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K05OC8.001 E05OCPT1 tjames on DSK6SPTVN1PROD with REMARKS E1768 CONGRESSIONAL RECORD — Extensions of Remarks October 5, 2011 most recent Department of Defense report on Haven need access to the coastline to land the spirit of the CZMA in that it allows each Taiwan’s military power, China currently en- their lobsters, store their bait, load and unload coastal state to determine what working water- joys air superiority over Taiwan. their lobster traps. They need a place to keep fronts are important to the people of that state, In recent decades, we witnessed how Tai- their skiffs and park their trucks. Elsewhere on which working waterfronts are most threat- wan evolved from authoritarian rule to a vi- the coast, working waterfronts are critical con- ened, and who should be protecting them— brant democracy. Taiwan also has been a reli- nections between the ocean and land for boat the state, local or regional government, or a able political, economic and cultural ally of the builders, marina operators, aquaculturists, collaborative public-private partnership. United States. In recent years, Taiwan has seafood processors, charter boat captains and The CZMA was developed as a tool to allow been very strong in cooperating with us crew, recreational fishing businesses, and states the flexibility to manage their coasts in against global terrorism. many others who require access to the water. a manner that fits that particular coast. The It is also my view that we must continue to These businesses need to be located on the CZMA recognizes separate needs of various support Taiwan’s participation in global affairs water and require access to the water for their coastal states and provides the flexibility to by supporting Taiwan and its 23,000,000 peo- business models to work. Water dependent, states to manage their coastal resources. The ple in becoming a member of the United Na- coastal-related businesses are the cultural and working waterfront program creates a grant tions. An internationally visible Taiwan is a economic heart of many of our coastal com- program that states can apply for. In order for strong Taiwan. munities and working waterfronts are quickly states to be eligible for a working waterfront Today, Taiwan remains a major trading part- disappearing under tremendous pressures grant, the state must have a working water- ner and friend. Our strong economic and cul- from incompatible use and development front plan that requires a thoughtful, collabo- tural ties go back nearly a hundred years. We trends. rative, public process to identify the value and hope that this strong bond will continue for an- Of Maine’s 3,300 miles of coastline, less importance of working waterfronts. This bill is other 100 years and more. Congratulations to than 20 miles support commercial fishing and not designed to require states to undergo a the people of the Republic of China (Taiwan) other traditional marine-based activities. This completely new or comprehensive planning on their Centennial National Day. small portion of the coastline contributes $800 process but rather to utilize existing informa- f million to Maine’s economy and provides di- tion, planning, and programs at state and local rect or indirect employment for about 30,000 levels to the greatest extent possible. Finally, CONGRATULATING TAIWAN ON people. As the coastline became more devel- the bill provides technical assistance to the THEIR 100TH ANNIVERSARY oped, traditional uses disappeared, giving way states to develop these plans as well as other to condos, summer houses, and other non- tools to protect working waterfronts. HON. EDOLPHUS TOWNS compatible uses. These changes in how Maintaining working waterfronts preserves OF NEW YORK coastal communities use their land present and creates coastal jobs, but also jobs beyond IN THE HOUSE OF REPRESENTATIVES one of the primary challenges facing Maine’s the water’s edge. Waterfront and waterway Wednesday, October 5, 2011 working waterfronts. businesses support entire economies that de- This problem is not unique to Maine, it oc- pend on the American tradition of marine- Mr. TOWNS. Mr. Speaker, on October 10, curs on all of our coasts and in the Great 2011, The Republic of China (Taiwan) cele- based trades. The Keep America’s Water- Lakes region. Across the country, working wa- fronts Working Act of 2011 will serve to main- brates their 100th anniversary and I want to terfront jobs are quickly disappearing under congratulate our friends in Southeast Asia on tain jobs in our communities and maintain the the tremendous pressure communities face American tradition of coastal and waterways this most important of milestones. from conversion to incompatible uses. Once One hundred years ago a Chinese doctor, industry. these businesses close, once the waterfronts Sun Yat-sen, rose up against the Qing rulers f and waterways stop supporting water depend- of China to free his people from their tight ent businesses, the businesses do not come IN RECOGNITION OF CALLY grip. The end result of this uprising led to the back. And, many states and local communities COLEMAN FROMME formation of what is now known as The Re- have recognized this dangerous trend and are public of China (Taiwan). taking action to preserve waterfront dependent Over these last 100 years, Taiwan has be- HON. BLAKE FARENTHOLD businesses. In recognition of the national im- come a beacon of democracy in the Pacific OF TEXAS portance of working waterfronts, local commu- and a champion for peace and human rights IN THE HOUSE OF REPRESENTATIVES nity and state representatives have come to- in that part of the world. Taiwan is a strong Wednesday, October 5, 2011 gether to form a national working waterfronts proponent of the same freedoms we enjoy and waterways council that has helped put on Mr. FARENTHOLD. Mr. Speaker, I rise here in the United States such as freedom of symposiums that bring people to the table with today to honor Cally Coleman Fromme, Exec- speech, freedom of the press and freedom of the tools and knowledge needed to develop utive Vice President of Zarsky Lumber Com- religion. pany in Victoria, Texas. Founded in 1928, Taiwan’s President, Ma Ying-jeou is also to sustainable working waterfronts around the Zarsky Lumber has ten locations throughout be congratulated for his work in maintaining Nation. But, local communities and states Texas, including Corpus Christi, Kingsville, peace in the Pacific by reducing tension with need help at the federal level. It is time to help maintain working water- Harlingen and Los Fresnos, serving builders, China, their neighbors along the Taiwan Strait. fronts through a federally authorized program contractors and consumers. Again, congratulations to Taiwan. We look that will serve to support, implement, and fur- On October 26, 2011, Cally Fromme will be- forward to our continued friendship over the ther develop working waterfront preservation come the first woman to lead the National next 100 years and beyond. efforts across the nation. That is why I am in- Lumber and Building Material Dealers Asso- f troducing legislation with Representatives ciation (NLBMDA) as chair of the board. KEEP AMERICA’S WATERFRONTS ROBERT E. ANDREWS, EARL BLUMENAUER, NLBMDA represents the interests of over WORKING ACT OF 2011 MADELEINE Z. BORDALLO, LOIS CAPPS, DONNA 6,000 lumber and building material dealers M. CHRISTENSEN, GERALD E. CONNOLLY, SAM across the country. HON. CHELLIE PINGREE FARR, BOB FILNER, WILLIAM R. KEATING, BAR- Prior to becoming NLBMDA chair, Cally OF MAINE BARA LEE, MIKE MCINTYRE, JAMES P. MORAN, served as chair-elect and vice chair of NLBMDA. She also served as chair of the As- IN THE HOUSE OF REPRESENTATIVES PEDRO R. PIERLUISI, MICHAEL QUIGLEY, LOUISE M. SLAUGHTER, PAUL TONKO, and LYNN C. sociation’s Regulatory, Codes and Standards Wednesday, October 5, 2011 WOOLSEY that encourages states to seriously Committee and as president of the Lumber- Ms. PINGREE of Maine. Mr. Speaker, think about these areas and how to best pro- men’s Association of Texas and Louisiana, be- coastal communities across this Nation are in tect them. While recognizing the common coming the first woman to hold that position as trouble. Economically important working water- problem of disappearing waterfront access for well. front jobs are disappearing. Businesses that businesses, this program will also provide the A native of Victoria, Texas, Cally graduated require access to the water are closing their flexibility that different states and local govern- with a degree in Business Administration from doors, fishing wharves are being turned into ments need to address working waterfronts Southwestern University in Georgetown, condos. And, the cultural identity of our water- around the Nation. Texas. She has been honored as one of the front communities is dissolving. Our legislation amends the Coastal Zone Magazine of the Golden Crescent’s 2010 Top I live in a community built around a working Management Act to establish a Working Wa- 5 Businesswomen, as a two time Paul Harris waterfront. My friends and neighbors on North terfronts program. This legislation embodies Fellowship winner, and as a North American

VerDate Mar 15 2010 04:54 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K05OC8.003 E05OCPT1 tjames on DSK6SPTVN1PROD with REMARKS October 5, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1769 Retail Hardware Association (NRHA) 2011 TRADE LAW ENFORCEMENT ACT Only the U.S. government can ensure that Top Gun. OF 2011 U.S. trade agreements are enforced. U.S. Cally has a long history providing service to companies should have every opportunity to others, especially in her hometown, as the first HON. MICHAEL R. TURNER have their complaints investigated and acted woman president of the 92-year-old Victoria OF OHIO on. Even if only one small company makes a Rotary Club and a Red Coat Ambassador for IN THE HOUSE OF REPRESENTATIVES complaint about a specific NTB, it is highly probable that the NTB affects multiple compa- the Greater Victoria Area Chamber of Com- Wednesday, October 5, 2011 merce. Cally has also worked on the boards of nies in multiple sectors. Without strong en- the Victoria Economic Development Corpora- Mr. TURNER of Ohio. Mr. Speaker, trade forcement of its agreements, the United States tion, the Victoria Regional Museum Associa- agreements have the potential to increase ex- cannot get the full benefits from free trade. tion, the Trinity Episcopal School and the port opportunities for U.S. businesses by re- Given the opportunity, U.S. companies can Planning Commission for the City of Victoria. moving market access barriers. However, U.S. compete with the best in the world and can She has been politically active since she was companies’ ability to take advantage of oppor- grow and create good private sector jobs. This tunities created by these, and existing, U.S. a congressional intern in Washington, DC. bill is one step towards ensuring that U.S. trade pacts depends on their government’s Cally is married to Travis Fromme, and they companies have the opportunity to achieve willingness to enforce its trade agreements. have two children, Karoline, age 10 and Cole- their full potential competing in the global mar- Currently, U.S. companies face many non-tar- man, age 7. ketplace. iff barriers (NTBs) that violate existing trade Congratulations to Cally Fromme for her Mr. Speaker, I urge all my colleagues to agreements. This bill offers an additional way many achievements throughout her career, support this important bill. for U.S. companies to get the United States and I wish her the best of luck in her future f Trade Representative (USTR) to act on mar- endeavors. ket access barriers that are unlawful under PAYING TRIBUTE TO ST. MARY’S f any U.S. trade agreement. BENEVOLENT SOCIETY’S 100TH HONORING THE LIEUTENANT ASA NTBs are devices other than tariffs that are ANNIVERSARY STEVENS CHAPTER used to restrict the flow of imports into an economy. Under current law, the USTR has HON. MAURICE D. HINCHEY HON. TOM MARINO the ability to retaliate against a wide variety of OF NEW YORK unfair trade practices, including market access IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA problems caused by NTBs. Sections 301 Wednesday, October 5, 2011 IN THE HOUSE OF REPRESENTATIVES through 310 of the Trade Act of 1974, as Wednesday, October 5, 2011 amended, (Section 301), give USTR a man- Mr. HINCHEY. Mr. Speaker, I rise today to date to take retaliatory action when the rights honor the celebration of St. Mary’s Benevolent Mr. MARINO. Mr. Speaker, I rise today in Society’s 100th Anniversary. The Society is an honor of the 90th anniversary of the Lieuten- of the United States under any trade agree- ment are being denied. USTR starts this proc- organization that provides social and commu- ant Asa Stevens Chapter of the Daughters of nity enrichment for Italian-American’s in King- the American Revolution, and four of its most ess by initiating an investigation that includes formal negotiations with the country suspected ston, New York and the greater community. distinguished members: Ms. Nancy Forbes of being in breach of an agreement. Should St. Mary’s Benevolent Society is a beloved Owlett, Ms. Susan Kerrick Achromatic, Ms. the issue not be resolved through negotiation, meeting hall and a cornerstone of the local Esther Jean House Mills, and Ms. Connie at the end of the investigation, USTR issues a community. I am proud that the constituents of Jean Mills Keir. These four women embody determination as to whether the trade practice New York’s 22nd Congressional District con- the spirit of the DAR and have devoted count- at issue is denying U.S. rights under an agree- tinue to support the traditions and values of less years to this organization which stands ment. If the determination is affirmative, the this esteemed fraternity. for the promotion of American patriotism, pres- USTR enters the formal dispute settlement From its creation in 1911, St. Mary’s Benev- ervation, and prosperity. process. olent Society has been committed to providing Ms. Nancy Forbes Owlett of Towanda, While U.S. producers can petition the USTR social club members with an environment that Pennsylvania has been a member of the Lt. to take action under Section 301, they seldom fosters camaraderie through hosting large Asa Stevens Chapter since October 16, 1971 do. During 2010 USTR initiated only one Sec- gatherings, dinners, and church services. The and has held the offices of Librarian and Reg- tion 301 investigation in response to a petition. Society’s original mission was to help each istrar. She has devoted herself through service To put together a petition that has even a other in times of illness or distress; a mission on several DAR committees, including; Gene- chance of passing USTR’s scrutiny, compa- still carried on today. In addition to these tradi- alogy Records, National Defense, Member- nies have to hire an expensive Washington tions that continue a century later, the Society ship, and DAR Library. law firm to compile a copious amount of infor- also maintains three church services a year: Ms. Susan Lerrick Achromatic has also mation and advocate for them before the Christmas Day, Easter Sunday and the Feast been a long-time member of the Lt. Asa Ste- USTR. Tens of thousands of dollars later, Day of St. Mary. These highly esteemed gath- vens Chapter, having served since October there is no guarantee that their petition will be erings have contributed to the success and re- 13, 1979. accepted, or that the trade practices in ques- spect of St. Mary’s Benevolent Society. Ms. Ester Jean House Mills of Towanda, tion will be addressed in a timely fashion. This Kingston has changed greatly since 1911, Pennsylvania joined the DAR under her an- is not a realistic option for a small or medium- yet St. Mary’s Benevolent Society continues to cestor, Private Jonathan Stevens, son of Lieu- sized company, especially one that is losing thrive in our community and hold true to its tenant Asa Stevens. Ms. Mills has severed as business due to unfair trade practices. core values of providing Italian-Americans with the Chapter’s treasurer for all 22 years that My bill will use a market access complaint support and services that are essential to the she has been a member and has sat on sev- process that the Department of Commerce’s community. Mr. Speaker, it gives me a great eral committees including; Programs, Indians, International Trade Administration (ITA) al- pleasure to recognize St. Mary’s Benevolent and DAR Schools. ready has in place a starting point for possible Society as it celebrates its 100th Anniversary Ms. Connie Jean Mills Keir of Ulster, Penn- action under Section 301. ITA will have 180 during its Annual Feast of Saint Mary. I am sylvania joined her mother, Ms. Ester Jean days to resolve interested party complaints confident that St. Mary’s Benevolent Society House Mills, to serve in the Lt. Asa Stevens that a foreign country is engaging in an act, will continue to thrive and be an asset to the Chapter on October 12, 1996. In her time with policy or practice that acts as a non-tariff bar- City of Kingston for many years to come. the Chapter, Ms. Keir has served as both Re- rier; if ITA is unable to resolve the issue, the f gent and Vice Regent, as well as devoting her bill mandates that the Secretary of Commerce TRIBUTE TO THE LIFE OF CARLOS time to committees such as Conservation and issue an opinion as to whether the reported APARICIO Genealogy Records. NTB meets the criteria for mandatory USTR Mr. Speaker, I rise today to honor the Lieu- action under Section 301. If Commerce issues HON. JOE BACA tenant Asa Stevens Chapter of the Daughters an affirmative opinion, the bill mandates that OF CALIFORNIA of the American Revolution, and ask my col- USTR initiate a Section 301 investigation. Fur- IN THE HOUSE OF REPRESENTATIVES leagues to join me in praising the commitment ther, the bill clarifies that subsections of the of this organization to the continued memory law giving USTR discretion not to start an in- Wednesday, October 5, 2011 and spirit of those who defended our nation’s vestigation do not apply and gives interested Mr. BACA. Mr. Speaker, I rise today to ask independence. parties the opportunity to request a hearing. Congress to pay tribute to a fallen soldier and

VerDate Mar 15 2010 04:54 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K05OC8.006 E05OCPT1 tjames on DSK6SPTVN1PROD with REMARKS E1770 CONGRESSIONAL RECORD — Extensions of Remarks October 5, 2011 unsung hero, Carlos Aparicio. Carlos was Lenox, on the occasion their 60th wedding an- to educate children. As a teacher, she was killed while serving on September 23, 2011, at niversary. ahead of her time identifying and accommo- the age of 19. A viewing will be held on Fri- Rose Homan was married to James Francis dating students with learning difficulties, chal- day, October 7th, at Ingold Funeral Chapel in Lenox on October 20, 1951 at Saints Peter lenging gifted students and serving as a men- Fontana. A memorial mass will be held on and Paul Roman Catholic Church in Towanda, tor to new teachers. After retiring, Alice au- Saturday, October 8th at St. Thomas More Pennsylvania. thored an elementary level book, The History Catholic Church in Rialto. Burial will follow at Attendants for James included: Frank Hoff- of Bellbrook, which is used in conjunction with Riverside National Cemetery. man, Leo Lenox, and John Finlan. Attendants the third-grade curricular tie-in to a tour of the Carlos was born on January 9, 1992, in for Rose included: Betty Homan, Alice Bustin, town, for which she serves as director. She Fontana, California to Concepcion and Hugo and Rita May. A reception following the cere- has been an Ohio Reads program tutor, a Aparicio. He was the youngest of three chil- mony was held at the Homan Farm. member of the Bellbrook Family Resource dren. He had an older sister, Maricela, age 26, Jim and Rose are the parents of three chil- Center Board, and currently is the President of and an older brother, Miguel, age 29. He grew dren; Kathy, David, and Rosemary, and are the Bellbrook-Sugarcreek Historical Society. up in Fontana and moved to Redlands in the grandparents of eight. Jim and Rose have She is also an elected member of the Greene 2008. He attended Fontana High School be- been an asset to their community, devoting County Educational Service Center Board of fore graduating from Redlands East Valley themselves to family, God, and country. Governors. High School in 2010. In high school, he was Mr. Speaker, I rise today to honor my con- Thus, with great pride, I congratulate Ms. a standout member of the football and wres- stituents, Jim and Rose, on their 60th wedding Alice Wiseman for her exemplary service to tling teams. He also excelled in the class- anniversary and ask my colleagues to join in Greene County and extend best wishes for the room—Carlos had a love for literature, and praising their commitment to one another. future. could often be found reading. He earned f straight As on his last report card. f Carlos enlisted in the Army in June 2010 CONTINUING APPROPRIATIONS after graduating from high school. After train- ACT, 2012 HONORING DOUGLAS EDWARD ing at Fort Benning, Georgia, he went to Fort DAHILL SPEECH OF Pork in January 2011. He deployed to Afghan- istan in February 2011. He was an infantry- HON. CHRIS VAN HOLLEN HON. JIM JORDAN man with the 2nd Battalion, 4th Infantry Regi- OF MARYLAND OF OHIO ment, 4th Brigade Combat Team, 10th Moun- IN THE HOUSE OF REPRESENTATIVES tain Division, Fort Pork, Louisiana. IN THE HOUSE OF REPRESENTATIVES Tuesday, October 4, 2011 Carlos died in Wardak province from Wednesday, October 5, 2011 wounds sustained when insurgents used an Mr. VAN HOLLEN. Mr. Speaker, today’s improvised explosive device to attack his unit, Continuing Resolution avoids an unnecessary Mr. JORDAN. Mr. Speaker, I rise today to according to the Defense Department. He government shutdown—and it does so in a honor the life and memory of an Allen County earned the Bronze Star, the Purple Heart, the manner that does not unduly threaten job cre- hero, Douglas Edward Dahill, who died while Army Achievement Medal, the Army Good ation or undermine our economic recovery. bravely serving our country in Vietnam, on or Conduct Medal, the National Defense Service Specifically, this CR extends FY 2011 dis- about April 17, 1969. Medal, the Afghanistan Campaign Medal, the cretionary funding at approximately 98.5 per- Doug joined the Army after graduating from Global War on Terrorism Service Medal, the cent for agencies and programs through No- Lima Senior High School, following in the mili- Army Service Ribbon, the Overseas Service vember 18 of this year. The 1.5 percent cut tary tradition of his grandfather, father, and Ribbon, the NATO Medal and the Combat In- brings funding in line with the $1.043 Trillion uncle—all veterans. fantry Badge. top line called for in the Budget Control Act Shortly after his twentieth birthday, Doug His mother recalls that Carlos wanted to de- agreement. Additionally, today’s bill supports and two fellow soldiers were dropped behind vote his life to serving in the military. ‘‘He told the postal service, extends the flood insurance enemy lines on a reconnaissance mission in a us he loved America and he wanted to make program and funds vital disaster relief through dense northwest jungle of South Vietnam. On a difference. He felt his purpose in life was to November 18. the mission’s third day, his team came under make the country safer,’’ his mother says. The As Ranking Member of the Budget Com- severe enemy attack. mittee, I would prefer timely completion of our last thing Carlos told his mother was that his For the next 10 years, Doug was listed as annual appropriations bills. But in the absence goal was to earn a Gold Star and become an missing in action. Very recently, remains re- of regular order, this relatively clean, bipar- Officer. turned from Vietnam in 1991 were positively His mother remembers him as an out- tisan CR is preferable to the alternative. identified as Doug Dahill and his two col- standing young man who achieved everything I urge a yes vote. leagues from the recon team. he set his mind to do. ‘‘He was outgoing and f touched a lot of lives. He was a very happy At long last, Douglas Dahill will be laid to person,’’ she says. His sister remembers Car- A CONGRESSIONAL RESOLUTION rest today in Arlington National Cemetery, los for his big heart, intelligence and down to RECOGNIZING ALICE WISEMAN bringing his family closure after more than four earth nature. ‘‘He was our hero,’’ she says. ON HER INDUCTION INTO THE decades. Carlos leaves with cherished memories his GREENE COUNTY WOMEN’S HALL On behalf of the United States Congress parents, two siblings, and his two grand- OF FAME and the families of Ohio’s Fourth District, I mothers, Juana Torres and Audelia Aparicio. want to thank Specialist Doug Dahill and his My thoughts and prayers, along with those of HON. STEVE AUSTRIA family for the selfless service and sacrifice my wife, Barbara, and my children, Council- OF OHIO they gave to this, the greatest nation in his- man Joe Baca Jr., Jeremy, Natalie, and Jen- IN THE HOUSE OF REPRESENTATIVES tory. I was moved by Doug’s words, found in a nifer are with Carlos’ family at this time. Mr. Wednesday, October 5, 2011 Speaker, I ask my colleagues to join me today portion of a letter he wrote to his family from in honoring a true hero, Carlos Aparicio. Mr. AUSTRIA. Mr. Speaker, on behalf of the Vietnam: f people of Ohio’s Seventh Congressional Dis- I hope I haven’t died in vain, but for a rea- trict, I rise today to recognize Ms. Alice son—the American way of life. . . . A lot of HONORING JAMES AND ROSE Wiseman for her induction into the Greene young American boys, rather men like my- LENOX County Women’s Hall of Fame. self, are dying in Vietnam now. Their eulogy Ms. Alice Wiseman along with five other would be that they died for a reason and not HON. TOM MARINO candidates were selected from a pool of many in vain. A job is being done and we’re doing worthy women to receive this honor, and thus, it. Sure, it’s a dirty job, but freedom doesn’t OF PENNSYLVANIA come easily. IN THE HOUSE OF REPRESENTATIVES she was nominated for her great endeavors in the field of Public Education. Douglas Edward Dahill is an American hero Wednesday, October 5, 2011 Ms. Wiseman, has been a teacher at who will never be forgotten. He will live forever Mr. MARINO. Mr. Speaker, I rise today in Sugarcreek Local Schools for 30 years. During in the hearts of every American he gave his honor of my constituents, James and Rose this time she has never stopped in her effort life defending.

VerDate Mar 15 2010 04:54 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\K05OC8.010 E05OCPT1 tjames on DSK6SPTVN1PROD with REMARKS October 5, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1771 COMMENDING J. OSCAR WARD AND captured at the Battle of Kettle Creek, the Brit- SALUTING MR. LOUIS E. JAMES, MEMBERS OF THE GREATER IR- ish condemned him to die. But on the eve of PRESIDENT AND CEO SOLUTIONS VING REPUBLICAN CLUB Heard’s execution, Mammy Kate and Daddy FOR ENERGY EFFICIENCY LOGIS- Jack rescued him from the British prison at TICS (SEEL) HON. KENNY MARCHANT Fort Cornwallis, and for their heroic deeds, OF TEXAS Heard awarded them their freedom. HON. BENNIE G. THOMPSON IN THE HOUSE OF REPRESENTATIVES All six of these Revolutionary War patriots OF MISSISSIPPI IN THE HOUSE OF REPRESENTATIVES Wednesday, October 5, 2011 are buried in what is currently Elbert County, Georgia. On October 15, 2011, the community Wednesday, October 5, 2011 Mr. MARCHANT. Mr. Speaker, I rise today will honor the memory of these patriots with a Mr. THOMPSON of Mississippi. Mr. Speak- to commend Mr. J. Oscar Ward of Irving, grave marking dedication conducted by the Texas, President of the Greater Irving Repub- er, I rise today to recognize Mr. Louis E. Stephen Heard and Kettle Creek Chapters of James, President and Chief Executive Officer lican Club, and its members for their concern the National Society Daughters of the Amer- and respect for our Soldiers, Sailors, Airmen, of Solutions for Energy Efficient Logistics ican Revolution, and the Samuel Elbert, But- (SEEL), recipient of the 2011 Andromeda Star Marines, and Coast Guardsmen that are serv- ton Gwinnett, and Washington-Wilkes Chap- ing in harm’s way. I appreciate their efforts in of Energy Efficiency Award. Louis James has ters of the Georgia Society Sons of the Amer- done Mississippi and his Alma Mater, Mis- calling attention to the unfortunate extra chal- ican Revolution. lenges faced by the surviving family of Chief sissippi Valley State University in Itta Bena, Mr. Speaker, it is my honor to pay tribute to Warrant Officer Bradley Gaudet of Mississippi, proud. these six brave heroes, who with countless SEEL, a Detroit-based minority owned en- Gladewater, Texas. terprise was recognized by the Washington, Chief Warrant Officer Gaudet was killed other patriots, successfully achieved for us DC-based organization, Alliance to Save En- from injuries sustained in a helicopter crash on American liberty and made way for our nation ergy, for advancing energy efficiency. SEEL June 5, 2011 in Afghanistan. His surviving to stand as a beacon of freedom and hope to was selected for the award based upon its un- family faced significant hurdles and resistance the rest of the world. precedented commitment to provide energy-ef- from the military in transferring his body from f ficiency services to residents in the city of De- Ft. Drum, New York to its final resting place in troit, its surrounding communities and through- Gladewater, Texas. These are challenges that PERSONAL EXPLANATION out the state of Michigan. Specifically, SEEL is should never be a concern to a grieving fam- responsible for transitioning Detroit jobs from ily. I appreciate President J. Oscar Ward and ‘‘blue’’ collar to ‘‘green’’ collar and successfully the members of the Greater Irving Republican HON. EDDIE BERNICE JOHNSON implementing energy efficiency programs for Club for their firm resolve in calling attention to OF TEXAS DTE Energy Neighborhood Energy Savings the burial of Chief Warrant Officer Gaudet. Outreach (NESO) program. As the facilitator of IN THE HOUSE OF REPRESENTATIVES I would like to further recognize the assist- these programs, SEEL has increased effi- ance and kindness of Southwest Airlines for Wednesday, October 5, 2011 ciency at more than 25,000 properties and flying the body of this fallen hero from New helped to boost neighborhood morale in its York to Texas for his final resting place. With- Ms. EDDIE BERNICE JOHNSON of Texas. service areas and customer satisfaction for its out their assistance, this situation could have Mr. Speaker, on Monday, October 3, I re- client, DTE Energy. More significant is that been even worse for all of Chief Warrant Offi- quested and received a leave of absence for Louis James created job opportunities in his cer Gaudet’s surviving family and loved ones. October 3 and 4 to attend official business in area—hiring more than 75 new employees to We should never allow a situation similar to my congressional district. The President of the implement the programs for which SEEL re- what happened to Chief Warrant Officer United States came to my district on Tuesday, ceived the award. Gaudet to ever be experienced again by a October 4, 2011. Again, I ask that my colleagues congratulate grieving family. I call on my colleagues to help For the information of our colleagues and Mr. Louis E. James and SEEL for receiving ensure that every possible consideration is my constituents, below is how I would have the prestigious ‘‘Star of Energy of Efficiency made for every surviving family. I am request- voted on the following votes I missed during Awards’’ and for its outstanding achievements ing that any rules and regulations that may this time period. in energy efficiency and savings. preclude the proper burial at the location of f the surviving family’s choosing of a brave On rollcall No. 742, to require the convey- American hero be promptly changed. We must ance of certain public land within the bound- PERSONAL EXPLANATION avoid anything similar to this ever occurring aries of Camp Williams, Utah, to support the again. training and readiness of the Utah National HON. CHRIS VAN HOLLEN Guard, I would have voted ‘‘yes.’’ f OF MARYLAND On rollcall No. 743, to amend the National IN THE HOUSE OF REPRESENTATIVES HONORING THE SERVICE AND Forest Ski Area Permit Act of 1986 to clarify Wednesday, October 5, 2011 MEMORY OF REVOLUTIONARY the authority of the Secretary of Agriculture re- WAR PATRIOTS STEPHEN garding additional recreational uses of Na- Mr. VAN HOLLEN. Mr. Speaker, on rollcall HEARD, JOHN DARDEN, MAMMY tional Forest System land that is subject to ski No. 745, I was unavoidably detained. Had I KATE, DADDY JACK, DIONYSUS area permits, I would have voted ‘‘yes.’’ been present, I would have voted ‘‘yea.’’ OLIVER, AND PETER OLIVER f On rollcall No. 744, to convey certain sub- merged lands to the Commonwealth of the A CONGRESSIONAL RESOLUTION HON. PAUL C. BROUN Northern Mariana Islands in order to give that RECOGNIZING SANDY SKINN ON OF GEORGIA territory the same benefits in its submerged HER INDUCTION INTO THE IN THE HOUSE OF REPRESENTATIVES lands as Guam, the Virgin Islands, and Amer- GREENE COUNTY WOMEN’S HALL Wednesday, October 5, 2011 ican Samoa have in their submerged lands, I OF FAME would have voted ‘‘yes.’’ Mr. BROUN of Georgia. Mr. Speaker, I rise today to honor the memory of Governor Ste- On rollcall No. 745, Continuing Appropria- HON. STEVE AUSTRIA OF OHIO phen Heard, Captain John Darden, Mammy tions Act, 2012 (Small Business Program Ex- IN THE HOUSE OF REPRESENTATIVES Kate, Daddy Jack, Captain Dionysus Oliver, tension and Reform Act of 2011), I would have and Peter Oliver for their patriotic service ac- voted ‘‘yes.’’ Wednesday, October 5, 2011 complished during the American Revolution. On rollcall No. 746, providing for consider- Mr. AUSTRIA. Mr. Speaker, on behalf of the Stephen Heard, who served as Governor of ation of H.R. 2681, to provide additional time people of Ohio’s Seventh Congressional Dis- Georgia in 1781, Captain John Darden, Cap- for the EPA to issue standards for cement trict, I rise today to recognize Ms. Sandy Skinn tain Dionysus Oliver, and Peter Oliver all manufacturing facilities, and for consideration for her induction into the Greene County fought courageously in the American War of of H.R. 2250, to provide additional time for the Women’s Hall of Fame. Independence. Mammy Kate and Daddy Jack, EPA to issue standards for industrial, commer- Ms. Sandy Skinn, along with five other can- who were slaves at the time, played a pivotal cial, and institutional boilers, process heaters, didates, was selected from a pool of many role as well. When their master, Heard, was and incinerators, I would have voted ‘‘no.’’ worthy women to receive this honor, and thus,

VerDate Mar 15 2010 04:54 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A05OC8.004 E05OCPT1 tjames on DSK6SPTVN1PROD with REMARKS E1772 CONGRESSIONAL RECORD — Extensions of Remarks October 5, 2011 she was nominated for her great endeavors in New Jersey and has held this position since congratulations to The Republic of China (Tai- Girl Scouting. 1995. wan) on the 100th anniversary of the origins of Ms. Skinn has worked closely with co-leader In addition to his work with the ministry, Fa- their Democracy on October 10, 2011. and fellow inductee Jan Dobo. Sandy has ther Dan provides spiritual guidance to various Taiwan is a true democracy and a beacon worked for over 30 years to promote the posi- Christian organizations, specifically the An- of freedom in a part of the world where it is tive qualities of leadership skills, strong val- cient Order of Hibemians (AOH). He served as notably needed. A true strategic ally of the ues, confidence and conviction about self- the New Jersey State AOH Chaplain for nine- U.S., Taiwan has led the fight for freedom, worth to young women. The troop led by Ms. teen years during which time his outstanding equal education and advancement of human Skinn and Ms. Dobo have maintained an open spiritual leadership assisted the organization in rights in many areas across the globe. troop, reaching out to girls interested in joining fulfill their motto of Friendship, Unity and Taiwan is also a willing partner in helping to the Girl Scouts from beyond their North Christian Charity. He continues to serve as the respond to the economic melt-down which has Beavercreek neighborhood. Her love of the Chaplain for the Ancient Order of Hibemians so adversely affected the world economy. outdoors has led to many camping trips, both Pat Torphy Division—Monmouth 2, located in President Ma Ying-jeou has made stabilizing in Ohio and as far as Maine for activities rang- Middletown, New Jersey, and hosts an annual the world economy a priority, for which he ing from outdoor survival training, to week- mass in recognition of those lost during the should be congratulated. long sailing and adventures. Sandy and Jan Great Hunger. Father Dan also serves as the have been co-chairs of the Beavercreek North Chaplain of the Knights of Columbus Vincent f Service Unit, which serves over 500 girls, as T. Lombardi Council. a Council area of Greene, Warren, Miami, Mr. Speaker, once again, please join me in RECOGNIZING DR. ADAM G. RIESS, Montgomery and Clark Counties. Additionally, congratulating Father Daniel Cahill for receiv- THE 2011 PHYSICS NOBEL PRIZE Sandy has served as the Greene County rep- ing the esteemed title of Festival Chieftain at WINNER, FOR HIS OUTSTANDING resentative on the Buckeye Trails Girls Scout the Irish Festival at the Jersey Shore. His ex- ACHIEVEMENTS council Board, which covered a multi-county traordinary spiritual leadership continues to area, and she has also served on various guide Monmouth County Bayshore community, Council committees. my district, and the State of New Jersey. HON. JOHN P. SARBANES Thus, with great pride; I congratulate Ms. f OF MARYLAND Sandy Skinn for her exemplary service to IN THE HOUSE OF REPRESENTATIVES Greene County and extend best wishes for the HONORING JAMES LENOX future. Wednesday, October 5, 2011 f HON. TOM MARINO Mr. SARBANES. Mr. Speaker, I rise today OF PENNSYLVANIA to recognize Dr. Adam G. Riess, who was re- IN RECOGNITION OF FATHER IN THE HOUSE OF REPRESENTATIVES cently awarded the Nobel Prize for his out- DANIEL G. CAHILL Wednesday, October 5, 2011 standing contributions to the field of physics. Dr. Riess is a constituent of mine living in Bal- HON. FRANK PALLONE, JR. Mr. MARINO. Mr. Speaker, I rise today in timore, Maryland. OF NEW JERSEY honor of my constituent, James Lenox, on the The Nobel Prize is awarded each year to re- IN THE HOUSE OF REPRESENTATIVES occasion of his 80th birthday. cipients for outstanding achievement in phys- James Francis Lenox was born on June 1, Wednesday, October 5, 2011 ics, chemistry, medicine, literature, and peace. 1931 in Towanda, Pennsylvania. He attended Mr. PALLONE. Mr. Speaker, I rise today to These prestigious awards, which were estab- Saint Agnes School through 8th grade, and lished through the generosity and vision of Al- congratulate Reverend Daniel G. Cahill. On then went on to graduate from Towanda High September 17, 2011, Father Dan will be rec- bert Nobel, are reserved for the most impor- School, where he served as captain of the tant discoveries and inventions. ognized as Festival Chieftain at the Irish Fes- football team. James attended Hamilton Col- Dr. Riess, who is a professor of physics and tival at the Jersey Shore in Sea Girt, New Jer- lege in New York for one year on a football astronomy at Johns Hopkins University and a sey. Father Dan continues to provide out- scholarship. After working at Towanda’s Syl- senior staff member at the Space Telescope standing spiritual guidance for the members of vania Plant, Mr. Lenox began a 25-year tenure Science Institute, shares the 2011 physics the Monmouth County community. His excep- with Pennsylvania Electric. award with two other scientists for their com- tional service is highly deserving of this body’s James has been an active member of his bined discovery that the universe is expanding recognition. community his entire life. Mr. Lenox grew up at an accelerated rate—a concept that Albert Father Dan, fondly referred to as ‘‘Donnie’’ attending Saints Peter and Paul Roman Einstein first introduced but could never fully by his family and peers, was the third of six Catholic Church, where he served as an altar explain or prove. This discovery was made children raised on a small farm in the village boy and still regularly attends. Additionally, through extensive years of studying the explo- of Gortdarrig, County Kerry in Ireland. At the James sat on the board of the Wysox Sewer sions of supernova stars. age of thirteen, Father Dan was enrolled at St. Authority, and has served on the Towanda Brendan’s Seminary in Killarney, Ireland. His School Board for 26 years. Johns Hopkins University is a Maryland in- attendance at this prestigious institution later Mr. Lenox has been married to his wife stitution second to none in the world and Dr. influenced his future decision to become a Rose nee Homan for 60 years. Together, Riess is the fourth member of the faculty to re- priest. Upon graduation from St. Brendan’s, James and Rose have three children (Kathy, ceive the Nobel Prize. Hopkins, the affiliated Father Dan entered All Hallows Seminary Col- David, and Rosemary) and eight grand- Applied Physics Lab, the National Institutes of lege in Dublin, Ireland, an organization recog- children. Health, and other premier scientific institutions nized for preparing men to serve as mis- Mr. Speaker, I rise today to honor my con- in our state showcase the best of public-pri- sionary priests in foreign countries. During his stituent, James Lenox, on the occasion of his vate partnerships and have produced innova- time in the Seminary, Father Dan also spent 80th birthday, and ask my colleagues to join in tions that change the world and power our a summer abroad working in various New Jer- praising his commitment to his family and local economy. Dr. Riess’ discoveries, and the sey parishes alongside the late Father Thom- country. many breakthroughs and innovations that are accomplished in partnership with the federal as O’Connor, former Pastor of St. Robert f Bellermine in Freehold, New Jersey. His posi- government, underscore the importance of tive experience serving in New Jersey later in- CONGRATULATING THE REPUBLIC federal funding for scientific research. Dr. fluenced his decision to accept a position as OF CHINA (TAIWAN) ON THEIR Riess indicated that the Hubble Space Tele- a recruit from the Diocese of Trenton. Father 100TH ANNIVERSARY scope, in particular, was critical to his re- Dan was ordained on June 17, 1973 at the search. age of twenty-four. He served for many years HON. ANDY HARRIS I applaud Dr. Riess’ outstanding achieve- in the parishes of St. Anthony of Padua in MARYLAND ment as it reflects many years of study and Hightstown, New Jersey and St. Anthony in IN THE HOUSE OF REPRESENTATIVES hard work and a deep commitment to scientific Trenton, New Jersey. In 1989 he became the innovation. Congratulations to Dr. Riess and Pastor of St. Ann’s Church in Browns Mills, Wednesday, October 5, 2011 his colleagues for their groundbreaking work in New Jersey. Father Dan currently presides as Mr. HARRIS. Mr. Speaker, it is proper and the field of physics and for their extraordinary Pastor of the Church of St. Ann in Keansburg, fitting that the United States offer our sincere contributions to science.

VerDate Mar 15 2010 04:54 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A05OC8.009 E05OCPT1 tjames on DSK6SPTVN1PROD with REMARKS October 5, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1773 H.R. 2681 AND H.R. 2250 generations, which includes reasonable envi- mented the research plan to publish a book to ronmental regulations. However, it is troubling record, preserve, and transmit the history of HON. F. JAMES SENSENBRENNER, JR. to see the EPA’s total disregard for our current Miami’s black pioneers. Her goal was to help OF WISCONSIN economic situation, and its push for unrealistic assure that future generations could appre- IN THE HOUSE OF REPRESENTATIVES and unattainable goals that are stifling eco- ciate the long and difficult road so many Pio- Wednesday, October 5, 2011 nomic growth. Just last month, President neer Miamians had traveled. Obama addressed a joint session of Congress Her vision has been realized. The 120-page Mr. SENSENBRENNER. Mr. Speaker, I rise demanding that Congress pass legislation to hard bound coffee table book, Linkages & today in strong support of H.R. 2681, the Ce- restore confidence in our economy and create Legacies, is being published in March 2010 by ment Sector Regulatory Relief Act, and H.R. jobs. I am pleased that House Republicans The Links, Inc., Greater Miami Chapter, 2250, the Environmental Protection Agency have once again brought to the floor legisla- (EPA) Regulatory Relief Act, which are com- tion that does just that. I strongly support pas- through the non-profit Linkages and Legacies, mon-sense bills that will reduce uncertainty in sage of H.R. 2681 and H.R. 2250, and urge Inc. The publication—a gift to the commu- the marketplace, and allow businesses to my colleagues to support these bills. nity—was made possible because so many compete and grow. gave so much and demonstrated the resolve f We can no longer continue with the failed to complete the project even though Cham- economic policies of the past couple of years. FRANCES REEVES JOLLIVETTE bers could no longer lead nor participate in the As was seen with the nearly $1 trillion failed CHAMBERS effort. It is because of her concept for the stimulus program from last year, throwing book that the AT&T African-American History money at our economic problem does not cre- HON. CORRINE BROWN Calendar was created 17 years ago. In 2010 ate jobs. Instead, we need to tackle the heart OF FLORIDA Fran Chambers is recognized for her vision to of the issue and create an environment that IN THE HOUSE OF REPRESENTATIVES help preserve and transmit our history for gen- attracts new businesses and allows them to Wednesday, October 5, 2011 erations to come. successfully compete in our global economy. Industries across all sectors have been reluc- Ms. BROWN of Florida. Mr. Speaker, Since 2000, Fran Chambers has been af- tant to expand, in large part due to the uncer- Frances Reeves Jollivette Chambers, warmly flicted with Alzheimer’s disease and cared for tainty over the slew of heavy-handed govern- known as Fran, was born on November 13, at her home. ment regulations. I believe reducing and elimi- 1921 in Overtown. She was the sixth of five nating these costly regulations will stimulate surviving children born to The Miami Times f confidence and allow small businesses to Founder, the late Henry E.S. Reeves and Ra- grow and be successful. chel Jane Cooper Reeves, who had emigrated A CONGRESSIONAL RESOLUTION Today and tomorrow, Members will have an in April 1919 from Nassau, Bahamas, to RECOGNIZING JAN DOBO ON HER opportunity to vote on legislation to delay two Miami. She wed Cyrus M. Jollivette, Sr., in INDUCTION INTO THE GREENE of these job-killing regulations and give indus- December 1942. Widowed in January 1960, COUNTY WOMEN’S HALL OF try officials more time to come into compli- she wed James R. Chambers in July 1963; he FAME ance. H.R. 2681 and H.R. 2250 are two im- died in June 2000. Her daughters are portant bills that will give the EPA 15 months Miamians Regina Jollivette Frazier and Cleo to re-propose and finalize regulations on boil- Leontine Jollivette; her son, Cyrus M. HON. STEVE AUSTRIA Jollivette, resides in Mandarin, Florida. She is ers, process heaters, incinerators, and cement OF OHIO manufacturing facilities. Additionally, these blessed with four grandchildren and three bills instruct the EPA to establish new rules great-grandchildren. IN THE HOUSE OF REPRESENTATIVES After graduating from Booker T. Washington that are actually achievable, and are in the Wednesday, October 5, 2011 least burdensome regulatory standard. High in 1938, Chambers was awarded the The Cement MACT and Boiler MACT rules Bachelor of Arts degree summa cum laude Mr. AUSTRIA. Mr. Speaker, on behalf of the are two examples of over-regulation by the from Bennett College in 1942 and the Master people of Ohio’s Seventh Congressional Dis- government that are estimated to cost billions of Arts degree from New York University in trict, I rise today to recognize Ms. Jan Dobo 1959. She later studied at the University of of dollars and hundreds of thousands of jobs. for her induction into the Greene County Miami and University of Florida and Florida The Boiler MACT regulations are estimated to Women’s Hall of Fame. affect approximately 200,000 boilers, and have A&M, Florida Atlantic, and Barry universities, a compliance cost of approximately $14.4 bil- amassing more post graduate credits than are Ms. Jan Dobo along with five other can- lion, threatening 200,000 jobs. Even the EPA required for the doctoral degree. She taught didates were selected from a pool of many has admitted that more time was needed to and guided generations of students at Dunbar worthy women to receive this honor, and thus, consider this rule, given the outpouring of con- Elementary, Miami Jackson Senior High, she was nominated for her great endeavors in cerns they received from industry officials. The COPE Center North, and Holmes Elementary girl scouting. impact of the Boiler MACT regulations will be before retiring from the Dade County Public Ms. Dobo has provided countless travel op- felt across a wide range of industry sectors in- Schools in July 1979 after more than 37 years portunities and taught valuable skills to hun- cluding agriculture, chemical, biomass power, as a teacher, reading specialist, counselor, dreds of Junior, Cadette and Senior Girl forest and paper, refining and municipal utili- and principal. Scouts for well over 30 years and on-going to ties. I believe we need to give the EPA more Hers has been a lifetime of involvement. In this day. Despite suffering a debilitating stroke time to reconsider this rule, and we must also the 1950s she was a volunteer for the March while on a scouting campout, Jan has contin- give those affected by it a reasonable amount of Dimes and the American Heart Association. ued to be deeply involved. Typically, Girl of time to comply. In the 1960s she was JESCA board chair, a Scout Troops are organized within commu- Additionally, the Cement MACT regulations board member of Senior Centers of Dade nities, but Jan and co-leader Sandy Skinn, County and a member of the American Asso- are another set of rules that will have major have always maintained an open troop and al- ciation of University Women. In the 1970s and implications on jobs. According to the Portland lowed any girl to join without consideration of Cement Association (PCA), the likely cost of 1980s she was a member of the Florida State where she lived. The troop has had a reputa- compliance for the cement industry is esti- Board of Optometry and the League of tion for working hard with women in order for mated at $3.4 billion, nearly half of the indus- Women Voters. As a retiree in the 1990s she them to achieve Gold Awards which is equiva- try’s annual revenues. It will cost an additional continued her community volunteerism and lent of an Eagle Scout in Boy Scouting. Jan $2 billion to comply with incinerator require- also traveled the world visiting more than 50 has also volunteered her home over the last ments. The PCA estimates that almost 20 per- countries and six continents. She is a life 30 years to be the Girl Scout Cookie Cup- cent of the domestic industry will potentially member of Alpha Kappa Alpha Sorority and board for the area. Jan has received many shutdown due to these regulations. In addition the NAACP, a platinum member of The Links, awards for her service, including the Thanks II to the jobs lost by the plant closures, the ef- Inc., and a charter member and past president Badge—the highest award to volunteers in fect of rising cement prices on our already of the MRS Club, a six-decades-old group of Scouting. struggling construction industry is cause for friends. At Incarnation Episcopal Church she serious concern. is a member of Daughters of the King. Thus, with great pride, I congratulate Ms. I am mindful of the fact that we must do our In a far different world almost three decades Jan Dobo for her exemplary service to Greene part to preserve our environment for future ago she conceived, developed, and imple- County and extend best wishes for the future.

VerDate Mar 15 2010 04:54 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A05OC8.013 E05OCPT1 tjames on DSK6SPTVN1PROD with REMARKS E1774 CONGRESSIONAL RECORD — Extensions of Remarks October 5, 2011 GRANTS FOR LOCAL STEM payers in my congressional district are paying INTRODUCTION OF THE FAIRNESS EDUCATION about $172 million just for our share of the IN THE AMERICAN TAX CODE war in Afghanistan. That war isn’t doing any- ACT OF 2011 HON. LORETTA SANCHEZ thing to make us safer—the CIA and all the OF CALIFORNIA rest of the intelligence agencies admit there HON. ALCEE L. HASTINGS IN THE HOUSE OF REPRESENTATIVES are only 50 or 100 al-Qaeda members even OF FLORIDA Wednesday, October 5, 2011 left in Afghanistan. But the numbers of civilian IN THE HOUSE OF REPRESENTATIVES casualties are higher than they’ve been since Wednesday, October 5, 2011 Ms. LORETTA SANCHEZ of California. Mr. this war began ten years ago. Speaker, I rise today in recognition of the Mr. HASTINGS of Florida. Mr. Speaker, I Rancho Santiago Community College District And that 172 million in tax dollars? If we rise today to introduce the ‘‘Fairness in the (RSCCD) and California State University, Ful- weren’t wasting it on a failing war in Afghani- American Tax Code Act of 2011.’’ lerton (CSUF), who have been selected as re- stan we could use that money for something During these difficult economic times, the cipients of the Hispanic-Serving Institutions that really might help keep us safe—like hiring wealthiest of Americans should be paying their STEM and Articulation Programs Grant. 3,275 firefighters for a year. We could retrofit fair share in taxes. Our nation’s unemployment This highly competitive award will give each 53,807 houses in my district to provide renew- rate is over nine percent and yet, we have the school approximately $1,200,000 in funding for able electricity. Those war dollars could cover lowest tax rates in decades. Why are we giv- the next five years and will help them to de- health care for 22,447 of our brave veterans, ing tax breaks to Wall Street CEOs and Big velop and expand their capacity to serve His- so many of whom are coming home from the Oil Executives, instead of helping the millions of Americans who are struggling. panic and other low-income students. wars with devastating physical and emotional Thanks to loopholes in the tax code, M. I believe STEM education is fundamental to injuries. Any of those things would keep us Speaker, the rich keep getting richer. The top prepare our children for jobs in a more tech- safer than wars that create more terrorists with nically-oriented economy. one percent of earners are responsible for 20 every civilian casualty. This is vital for our nation’s economic secu- percent of the nation’s annual income, up from rity, and I am proud to have supported legisla- We can’t afford to keep fighting counter- 10 percent in 1981. The wealthiest CEOs are tion that made this grant opportunity possible. productive wars. The wars in Afghanistan and paid 400 times what the average worker As a longtime advocate of STEM education, Iraq and Pakistan are not keeping us safe. It’s earns. Only 30 years ago, it was 20 times as I am thrilled to see that students in my district, time to end them; it’s time to spend the money much. especially those most in need, will have the we need to bring our troops safely and quickly Since President Ronald Reagan started low- opportunity to excel in mathematics and the home. We have too much to rebuild in our cit- ering tax rates up until President George W. sciences. ies and across our country, to waste our hard- Bush slashed capital gains and income tax rates for the wealthy to their current historic This will make way for a competitive work- earned tax dollars. Americans get it. After 10 lows, the wealthy have continued to pay less force that will increase minority participation in years, it’s time to bring our troops, and our and less in taxes. As I travel throughout my the STEM fields and lay the groundwork for a war dollars home. nation filled with educated and diverse individ- district, into areas where the unemployment uals. rate is over 40 percent, I ask myself where are f I congratulate Rancho Santiago Community the jobs and where did all the money go? Americans in the highest tax bracket are College District and California State University, IN RECOGNITION OF PATROLMAN supposed to pay 35 percent of their income in Fullerton for receiving such impressive grants. FRANK PAPAIANNI f taxes. However, since President Bush slashed the capital gains rate to 15 percent, the top THE 10TH ANNIVERSARY OF THE 400 wealthiest Americans, for example, pay WAR IN AFGHANISTAN HON. FRANK PALLONE, JR. only 15 percent in taxes on 80 percent of their OF NEW JERSEY income. As the law is currently written, any wealthy American paying the full 35 percent HON. JOHN CONYERS, JR. IN THE HOUSE OF REPRESENTATIVES OF MICHIGAN needs to get a new accountant. IN THE HOUSE OF REPRESENTATIVES Wednesday, October 5, 2011 My bill simply asks the wealthiest to pay their fair share. It produces a progressive ‘‘job Wednesday, October 5, 2011 Mr. PALLONE. Mr. Speaker, I rise today in creation’’ surtax for those making more than Mr. CONYERS. Mr. Speaker, the war in Af- commemoration of Patrolman Frank Papaianni $350,000. The surtax increases gradually until ghanistan will mark its 10 year anniversary of Edison, New Jersey. On September 16, those with incomes over $10 million are pay- this coming Friday. After 10 years, it is clear 1971, Patrolman Papaianni and his partner re- ing the same amount on all their income as money is being wasted on military spending sponded to a silent holdup alarm at a bank lo- the legally required statutory rate. M. Speaker, and wars that aren’t making us safer, and are cated within the Menlo Park Mall in Edison, it is time for the wealthiest of Americans to doing nothing for ordinary people in Afghani- New Jersey. The gunfire exchanged fatally pay their fair share in taxes. stan and Pakistan and beyond. It’s working wounded Patrolman Papaianni and critically An editorial in the New York Times recently people in Michigan, and throughout the rest of wounded his partner. Today, members of the noted: ‘‘Critics also claim that raising the cap- the country, who understand that—but unfortu- Edison community gather to remember and ital gains rate would hamstring investment. But nately not enough of my colleagues in Con- economists studying the historical record have honor the life of Patrolman Frank Papaianni. gress. concluded that the effect is small, dwarfed by Sometimes it’s only outside of Washington, Patrolman Frank Papaianni was a noble offi- considerations like profit growth. The truth is DC, that the fundamental common sense of cer who faithfully protected and served the that despite the current low tax rates, Amer- Americans shows up. This year the National local residents, businesses and visitors of Edi- ican businesses—small and big—are investing Conference of Mayors passed a powerful res- son, New Jersey. Patrolman Papaianni served very little. Business surveys show that the olution calling on the U.S. government to end with the Edison Division of Police for three main reason is that there are very few cus- the war in Afghanistan and to ‘‘bring the war years and continued to personify his commit- tomers with money to buy their products.’’ money home.’’ It was the first time since the ment and dedication to maintaining a safe and The wealthiest Americans have rigged the height of the Vietnam War, in 1971, that the peaceful environment. He was survived by his tax system in their favor to the detriment of Mayors took a clear anti-war position. The wife Adeline and his three children, Maria, the middle class. They’ve changed the rules to mayors understand that the money is there, Joann and Frank. Lake Papaianni in Edison, their own financial advantage. My bill will but it’s being diverted—away from jobs, away New Jersey is named in honor of the late Pa- make our nation’s tax code fairer. Mr. Speaker, investing in America is the from the crucial investments in people that trolman. keep our workers employed, our children only way that we are going to create jobs. The healthy, and our elders safe. Mr. Speaker, once again, please join me in Fairness in the American Tax Code Act of Americans get it—64 percent of Americans commemorating the life of Patrolman Frank 2011 ensures the investments made for strictly already say that the war in Afghanistan is just Papaianni and remembering him for his dedi- personal gains are investments that will actu- not worth fighting. But it sure seems like no cation to serve and protect the Township of ally create jobs in America. I hope my col- one is listening. Because just this year, tax- Edison. leagues on both sides of the aisle will join me

VerDate Mar 15 2010 04:54 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A05OC8.016 E05OCPT1 tjames on DSK6SPTVN1PROD with REMARKS October 5, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1775 in supporting this critically important piece of HONORING KENT ELWOOD EDSELL their congregation the necessary tools to live legislation that will help to put our nation’s a Christian lifestyle in an ever-changing world. economy back on track. HON. TOM MARINO By demonstrating the compassion of Jesus Christ, First Assembly of God reaches out to OF PENNSYLVANIA f people of all backgrounds in Southwest Mis- IN THE HOUSE OF REPRESENTATIVES souri to deliver their ministry of love. OUR UNCONSCIONABLE NATIONAL Wednesday, October 5, 2011 The church also sponsors missionaries DEBT Mr. MARINO. Mr. Speaker, I rise today in across the world, sending out members to honor of my constituent, Kent Elwood Edsell, spread the love and compassion of Jesus HON. MIKE COFFMAN on the occasion of his 80th birthday. Christ. They have donated over $30,000 to OF COLORADO Kent Elwood Edsell was born in Bradford purchase an African Tabernacle, vehicles, equipment, and study Bibles for international IN THE HOUSE OF REPRESENTATIVES County, Pennsylvania on October 22, 1931. In 1950, Mr. Edsell graduated from LeRaysville ministers. Wednesday, October 5, 2011 High School and began working at DuPont in It is clear that First Assembly has performed Mr. COFFMAN of Colorado. Mr. Speaker, Towanda, Pennsylvania before entering the many great services and received many bless- today our national debt is United States Marine Corps in 1951. After the ings over the past 75 years. I ask my distin- $14,856,859,498,405.73. Korean War, Kent was honorably discharged guished colleagues to join me in congratu- On January 6, 2009, the start of the 111th and began working for Jug Gerald. He then lating First Assembly of God for their excep- Congress, the national debt was relocated to Nichols, New York, working for tional service and wish them the best for an- $10,638,425,746,293.80. the Grange League Federation until he retired other 75 years of blessings. in 1992. This means the national debt has increased Mr. Edsell recently celebrated his 55th wed- by $ 4,218,433,752,111.93 since then. This f ding anniversary with Catherine (nee Riley), debt and its interest payments we are passing whom he married on August 19, 1956 at the THE 100TH ANNIVERSARY OF THE to our children and all future Americans. Saint Thomas Catholic Church of Little Mead- REPUBLIC OF CHINA (TAIWAN) ows, Pennsylvania. Kent is the proud father of f six (Larry, Barbara, Kevin, Andrew, Theresa, HON. DONNA M. CHRISTENSEN A CONGRESSIONAL RESOLUTION and Joel), grandfather of 14, and great grand- RECOGNIZING MARGARET ‘‘PEG’’ father of five. OF THE VIRGIN ISLANDS ARNOLD ON HER INDUCTION A long-time baseball enthusiast and Yankee IN THE HOUSE OF REPRESENTATIVES INTO THE GREENE COUNTY fan, Kent played baseball with North Orwell WOMEN’S HALL OF FAME and the Tri-County League through the 1980s. Wednesday, October 5, 2011 In addition to his love of bowling, wood work- Mrs. CHRISTENSEN. Mr. Speaker, October ing, and hunting, Mr. Edsell is a long-time 10th marks the 100th anniversary of China’s HON. STEVE AUSTRIA member of VFW Post 6824, having held a Wuchang Uprising which led to the creation of OF OHIO number of positions over the years. the Republic of China, ROC, that now exists Mr. Speaker, I rise today to honor my con- IN THE HOUSE OF REPRESENTATIVES on Taiwan. The uprising marked the end of stituent, Kent Elwood Edsell, on the occasion Wednesday, October 5, 2011 the Qing Dynasty in what is now the ROC, ef- of his 80th birthday, and ask my colleagues to fectively ending 2,000 years of imperial rule join in praising his commitment to his family Mr. AUSTRIA. Mr. Speaker, on behalf of the and resulting in East Asia’s now-oldest repub- and country. people of Ohio’s Seventh Congressional Dis- lic. trict, I rise today to recognize Ms. Margaret Ar- f nold for her induction into the Greene County It is worthy of note that the Republic of Women’s Hall of Fame. IN HONOR OF THE 75TH ANNIVER- China was born at a time when many repres- sive and colonial regimes ruled much of East Ms. Arnold along with five other candidates SARY OF THE FIRST ASSEMBLY Asia. was selected from a pool of many worthy OF GOD CHURCH—BOLIVAR, MIS- women to receive this honor, and thus, she SOURI Its founding father, Sun Yat-sen, had hoped was nominated for her great endeavors in the the ROC would one day develop into a fully fields of Public Education and Government. HON. BILLY LONG democratic society modeled on many of the same principles and norms that he had ob- Ms. Arnold was elected to the Beavercreek OF MISSOURI served while an adolescent in Hawaii. And Board of Education in 2000 and is still an ac- IN THE HOUSE OF REPRESENTATIVES tive on the board. Under her leadership the though it came to pass well after he left this Wednesday, October 5, 2011 district passed an $80 million dollar bond world, and on a different land mass, his issue to build two new buildings in an effort to Mr. LONG. Mr. Speaker, it is with great dreams of representative democracy are an serve the rapidly growing population of the pleasure that I rise today to congratulate the undeniable reality on Taiwan today. community. This was the first new school con- First Assembly of God Church in Bolivar, Mis- The ROC’s emulation of American principles struction in 40 years. While it did take three souri, on their 75th anniversary. I am honored and ideals has not been limited to the political attempts to gain the support of voters on the to join them in their momentous milestone of arena. Time after time, whether it be in the issue, she kept fighting for it until the plan was celebrating 75 years of blessings. struggle against fascism, the Korean War, the passed. She continues to play a key role to In 1936, a small congregation in Bolivar, Vietnam War, or joining us in calling for the re- make sure the 2010 strategic plan is imple- Missouri, received their official church charter moval of Iraqi dictator Saddam Hussein in mented properly. Further, Peg was awarded from the Assemblies of God fellowship. Over 2003, the ROC—be it housed on mainland the Educator of the Year award by the the course of the last 75 years, First Assembly China, or Taiwan—has stood shoulder to Beavercreek Chamber of Commerce. At the of God of Bolivar has served others with ex- shoulder with the United States to defend and same time, Peg is a certified level three acqui- cellence, unity, and purpose. promote the very values and ideals that in- sition professional and has been a highly suc- First Assembly is a family-oriented, multi- spired Dr. Sun to create the ROC in the first cessful and valued government employee at generational church. They serve families and place. Wright-Patterson Air Force Base for over 30 individuals through a variety of services and In recognition of all of the foregoing, I ask years, in the contracting field. In 1994, Peg activities for all age groups, genders, and my colleagues to join me in congratulating the was named one of the top 100 Federal Gov- backgrounds. First Assembly believes that Republic of China on Taiwan on its 100th an- ernment Employees by Federal Computer God makes His presence known in a variety niversary, while also acknowledging its Found- Magazine. of ways, and the church looks to Him to guide ing Fathers’ foresight and—most of all—thank- Thus, with great pride, I congratulate Ms. them in everything they do. ing the government and the people of Taiwan Margaret Arnold and wish her well in her serv- First Assembly is committed to the spiritual for their loyalty, friendship and support for an ice to the community. needs of the Bolivar community and provides entire century.

VerDate Mar 15 2010 04:54 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A05OC8.019 E05OCPT1 tjames on DSK6SPTVN1PROD with REMARKS E1776 CONGRESSIONAL RECORD — Extensions of Remarks October 5, 2011 H.R. 2681 AND H.R. 2250 ACKNOWLEDGING THE CONTRIBU- cessities of life because of cruel and mis- TIONS OF THE REVEREND JESSE guided government policies. He was there to JACKSON give a voice to the voiceless. That’s just what HON. JOHN LEWIS he does. Mr. Speaker, this is why I am proud OF GEORGIA HON. JOHN CONYERS, JR. to acknowledge Reverend Jackson on the IN THE HOUSE OF REPRESENTATIVES OF MICHIGAN floor today for his life, his tremendous legacy, IN THE HOUSE OF REPRESENTATIVES and, most of all, for the work that is yet to Wednesday, October 5, 2011 come. Wednesday, October 5, 2011 f Mr. LEWIS of Georgia. Mr. Speaker, the two Mr. CONYERS. Mr. Speaker, this year, a bills, H.R. 2681 and H.R. 2250, are an affront memorial honoring the late Dr. Martin Luther A CONGRESSIONAL RESOLUTION public health and to our environment. King, Jr. was finally unveiled on the National RECOGNIZING DR. MARY AGNA When we take our air, waters and land for Mall. This unveiling, which occurs during the ON HER INDUCTION IN TO THE granted; when we show a simple lack of re- presidency of the first African-American Presi- GREENE COUNTY WOMEN’S HALL spect for nature and our environment, we dent of the United States, is, for many, the OF FAME unmake God’s good creation. Over 40 years culmination of the movement for equality and ago, Republicans and Democrats passed the civil rights that began with Dr. King in the HON. STEVE AUSTRIA Clean Air Act because they believed that 1950s and 60s. OF OHIO every American child deserved to breathe However, those of us who have carried Dr. IN THE HOUSE OF REPRESENTATIVES clean air. They believed that every American King’s dream forward to the present under- child deserved an environment free from toxic stand that history isn’t so neat and clean. Wednesday, October 5, 2011 pollutants that cause cancer and impair their While the arc of history does bend toward jus- Mr. AUSTRIA. Mr. Speaker, on behalf of the ability to learn. tice, it bends only because advocates for jus- people of Ohio’s Seventh Congressional Dis- EPA standards, like the ones attacked in tice, peace, and human dignity have dedicated trict, I rise today to recognize Dr. Mary Agna this bill, did not run our economy off the cliff. their lives to bending that arc through their for her induction into the Greene County EPA standards did not drive us into debt, or leadership, determination, and sheer force of Women’s Hall of Fame. stop the banks from extending credit. But here will. Dr. Mary Agna, along with five other can- we are, ready to stop common sense protec- My friend, the Revered Jesse Jackson, is didates, was selected from a pool of many tions are 11 years overdue. If enacted, these one of those people. From his days standing worthy women to receive this honor, and thus, bills would make damaging changes to the alongside Dr. King in Selma, to his she was nominated for her great endeavors in Clean Air Act. We would stop future EPA groundbreaking run for the presidency in the field of public health. standards from protecting our children and our 1988, Reverend Jackson’s commitment to an Dr. Agna was the first woman Health Com- families from mercury and toxic air pollution. uncompromising vision of racial harmony and missioner in Greene County, where she 2,500 lives are lost for every year these pollu- economic opportunity for all Americans has in- served from 1963 until 1970. During this time tion reductions are delayed. spired millions. she started the first home care program within Perhaps the work Reverend Jackson is best There are protesters right outside this build- the County Health Department. She was also known for are his efforts to fulfill the promise ing, Mr. Chairman. They want us to take up an Associate Professor and Vice Chair of the of America’s great democratic experiment. Our the American Jobs Act. They want it passed. Department of Family Medicine and Commu- history books teach us that the America estab- They don’t need another attack on the Clean nity Health at the Wright State School of Medi- lished by our Founding Fathers purported to Air Act. They don’t need another attack on the cine from 1979 to 1987, and, continues today endow each American with certain funda- public’s health. We’re wasting their time, Mr. as Emeritus Associate Professor. She also mental rights. However, we all know that cer- Chairman. served on the State Public Health Council tain residents of this country—African-Amer- from 1974 unti1 1981. This council is the pri- It is my strong belief that our country needs ican slaves, immigrants, women, and those mary rule-making body for the State Depart- environmental protections and that real protec- without property—were left out of this original ment of Health. Her vision and leadership led tions do not have to come at the expense of social contract. Reverend Jackson has spent to Greene County being recognized by the jobs or our economy. Whatever we do to the his life trying to remedy this failing—to expand Ohio Council of Home Health Agencies and earth, we do to each other. I urge my col- the membership of our social contract and en- the Ohio Department of Health as one of leagues to vote no. sure that everyone feels welcome in our big, Ohio’s premier home health agencies. loud American family. Thus, with great pride, I congratulate Dr. f That’s exactly what Reverend Jackson was Mary Agna for her exemplary service to doing when he founded the National Rainbow THE BREAST DENSITY AND MAM- Greene County and extend best wishes for the Coalition in 1984 and later ran for President in MOGRAPHY REPORTING ACT OF future. 1988. All of a sudden, millions of new voters— 2011 f the young, ethnically and racially diverse mi- norities, the poor, and the politically PEOPLE’S MOJAHEDIN HON. STEVE ISRAEL marginalized all felt like they had a voice and ORGANIZATION OF IRAN a candidate who spoke for them. For the first OF NEW YORK time, many of them felt like they had owner- HON. JUDY CHU IN THE HOUSE OF REPRESENTATIVES ship and a stake in the direction of their coun- OF CALIFORNIA Wednesday, October 5, 2011 try. They realized they had power. I’m certain IN THE HOUSE OF REPRESENTATIVES that the young people currently making head- Mr. ISRAEL. Mr. Speaker, this year, more lines with their ‘‘occupation’’ of Wall Street Wednesday, October 5, 2011 than 200,000 women will be diagnosed with owe much of their movement’s energy to the Ms. CHU. Mr. Speaker, last July, the DC breast cancer. We owe them every opportunity groundwork laid down by Reverend Jackson in U.S. Court of Appeals found that People’s for early detection. Information on breast den- 1988, when he reminded America that ‘‘people Mojahedin Organization of Iran, PMOI/MEK, sity can help both doctors and patients better power’’ is the only surefire way to successfully was not awarded due process when their peti- understand a patient’s risk of being diagnosed challenge an entrenched and corrupt power tion to be removed as a terrorist organization with breast cancer. This is why I am so structure that favors a wealthy few. was denied by the State Department. The pleased to join Representative DELAURO in in- Jesse Jackson has spent the last 50 years Court ordered the State Department in con- troducing this extremely important piece of bending the arc of history towards justice. It is junction with the Attorney General to review legislation. Mothers, daughters, sisters, grand- hard work, and a lesser man might be getting the decision and make a decision. mothers and aunts across America deserve all tired. For Reverend Jesse Jackson, the work But I stand here today, over 500 days after the information and resources possible when of creating a more perfect union continues. the Court made this decision, and the State concerning their physical health. When we Just last week, he marched with me through Department still has not given a response. empower scientists, women and their doctors the streets of Detroit and spoke out on behalf Every day of delay means another day where with knowledge, we take another step towards of 41,000 mothers and children in Michigan peaceful MEK democratic leaders and activists finding a cure. who risk losing their access to the basic ne- are at risk.

VerDate Mar 15 2010 04:54 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A05OC8.024 E05OCPT1 tjames on DSK6SPTVN1PROD with REMARKS October 5, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1777 Nearly 100 of my colleagues have joined to- laws and standards that protect individuals in employment decisions on the basis of an em- gether by cosponsoring H. Res. 60 to ask the the private sector and the executive branch. ployee’s wage garnishment or involvement in State Department to heed a federal court The Congressional Accountability Act of 1995, bankruptcy proceedings pursuant to the Con- order and remove Iran’s largest opposition CAA, was an important first step in making the sumer Credit Protection Act, CCPA, and group called the People’s Mojahedin Organi- legislative branch accountable to its employ- Chapter 11 of the bankruptcy code. The bill zation of Iran, PMOI/MEK, from the U.S. list of ees, but it did not finish the job. While the also requires employers to provide their em- Foreign Terrorist Organizations, FTO. CAA did bring the legislative branch under ployees with notice of their rights and rem- Because the U.S. needs to use its influence thirteen major civil rights, labor, and workplace edies under the CAA anti-discrimination provi- to protect Iranian dissidents fighting for de- safety and health laws, it exempted the legis- sions through the placement of signage in of- mocracy, Iran is using the U.S. terrorist des- lative branch from important notice and train- fices highlighting relevant anti-discrimination ignation to attack MEK leaders opposed to ing provisions, and altogether omitted impor- laws, including Title VII of the Civil Rights Act, their rule. As long as the MEK is listed as a tant substantive and administrative provisions. the Americans with Disabilities Act, and the foreign terrorist organization, thousands of its The Congress Leads by Example Act of Age Discrimination in Employment Act. The members living in Camp Ashraf, Iraq are sub- 2011 is a follow-up to my 2010 investigation of bill also requires legislative branch offices to ject to further brutality by the Iraqi govern- Capitol Visitor Center, CVC, staff complaints provide training to employees about their CAA ment. The longer we wait to remove the MEK and the recommendations from the Office of rights and remedies. Adding the CCPA and from this list, the more we put Ashraf residents Compliance, OOC, which revealed a gap in bankruptcy provisions will deter economic dis- and fighters for democracy at risk. authority to enforce the Occupational Safety crimination, while the notice and training provi- and Health Act of 1970, OSHA, provisions f sions will empower legislative branch employ- against the legislative branch. Last year, as ees with the full knowledge of their rights. STATEMENT CONGRATULATING chair of the Committee on Transportation and Finally, the bill bolsters the CAA’s record- 100TH ANNIVERSARY OF TAIWAN Infrastructure’s Subcommittee on Economic keeping requirements. It extends to the legis- Development, Public Buildings, and Emer- lative branch the obligation to maintain accu- gency Management, I held a hearing exam- rate records of safety information and em- HON. NAN A.S. HAYWORTH ining claims by the OOC of an estimated OF NEW YORK ployee injuries, as required by OSHA, as well 6,300 safety hazards in the U.S. Capitol com- as the employee records necessary to admin- IN THE HOUSE OF REPRESENTATIVES plex, as well as complaints by CVC guides ister the anti-discrimination laws. The en- Wednesday, October 5, 2011 that they were compelled to work in uniforms hanced recordkeeping requirements will facili- Ms. HAYWORTH. Mr. Speaker, October 10 inappropriate for outdoor work in the summer tate better enforcement of laws. and winter, and that they had limits on their marks the 100th anniversary of the creation of On the eve of the CAA’s passage, Senator water consumption. Our hearing demonstrated the Republic of China, which is now on Tai- OLYMPIA SNOWE may have best captured the that many of the safety hazards had been re- wan. intent of Congress and the will of the people solved, and the Architect of the Capitol as- Just as the United States is considered a when she remarked, ‘‘Congress simply cannot sured us that they continue to correct the out- cultural melting pot, the Republic of China rep- continue to live above the law and call itself a standing hazards with due speed. Eventually, resents a society that has found success in body that is ’representative’ of the America we the formation of a union local by CVC guides embracing openness and respect for all citi- live in today. After all, what kind of message led to specific improvements in uniform and zens. As closely related and longstanding does Congress send to Americans when it water consumption practices and policies. trade partners, the United States and Taiwan sets itself above the law? What kind of mes- In the 2010 report, Recommendations for sage does Congress send to America when it have a rich history of cooperating to create Improvements to the Congressional Account- economic growth. believes it is beholden to different standards? ability Act, the OOC, which was created by the And how can Congress claim to pass laws in Since passage of the Taiwan Relations Act CAA, indentified additional provisions of fed- if 1979, the United States has been very sup- the best interest of the American people if eral workplace laws and standards that should Congress refuses to abide by those very same portive of the Republic of China, and, in turn, be applicable to the legislative branch, includ- Taiwan has remained a friendly and faithful laws . . . Congress should be the very last in- ing laws that grant the OOC General Counsel stitution in America to exempt itself from living ally to the United States. America’s support for subpoena power, provide whistleblowers with the freedom, security, and stability of Taiwan under the nation’s laws. Rather, Congress protection from retaliation, and require the should always be the very first institution to be stems from our shared foundation in individual maintenance of employment records. In the liberty and from our mutual interest in defend- covered by the laws of the land, especially as 2011 report, State of the Congressional Work- the body legislating such laws.’’ By passing ing peace and prosperity in the Pacific Rim re- place, the OOC presents the successes and this bill and heeding this wise call to action, gion and throughout the world. shortcomings of the CAA by tracking the As a member of the Congressional Taiwan Congress will help restore the faith of the pub- trends in legislative branch employee com- lic in this institution by redoubling our efforts to Caucus, I am committed to enhancing and plaints and workplace safety hazards in fiscal strengthening U.S.-Taiwan relations, and en- exercise leadership by example. I urge bipar- year 2010. My bill takes into account the OOC tisan support of this important measure. suring that the Republic of China continues to reports, and seeks both to apply the standard f thrive as a free and democratic country. I am of fairness to employees in the legislative working with my colleagues to ensure that Tai- branch that Congress requires for other em- THE RIPPLE EFFECT wan has the capacity to defend itself from po- ployees and to provide a safer work environ- tentially hostile nations, and to perpetuate the ment for Capitol Hill employees by bringing HON. TED POE democratic ideals that inspired its creation. the legislative branch further in line with what OF TEXAS I urge all my colleagues to join me in con- is legally required of private sector employers IN THE HOUSE OF REPRESENTATIVES gratulating the Republic of China on com- and the executive branch. Wednesday, October 5, 2011 pleting its first century as a nation, and in re- As Congress searches for ways to trim the newing America’s commitment to our common federal budget, it would be timely to provide Mr. POE of Texas. Mr. Speaker, here in defense. whistleblower protections to legislative branch America, we can walk in to our kitchen and f employees so that they can report misuse of turn on the faucet in order to get a drink of federal funds and other legal violations without water. This routine has become so natural, INTRODUCTION OF THE CONGRESS fear of retaliation. My bill provides general that sometimes we forget how blessed our LEADS BY EXAMPLE ACT OF 2011 whistleblower protections, also championed by country is. Americans are lucky to be able to Senators CHUCK GRASSLEY and CLAIRE drink water without the fear that it could make HON. ELEANOR HOLMES NORTON MCCASKILL. My bill also makes applicable ad- them ill or put their lives in jeopardy. One OF THE DISTRICT OF COLUMBIA ditional provisions under OSHA, including pro- young man in my congressional district be- IN THE HOUSE OF REPRESENTATIVES viding subpoena authority to the OOC to con- came aware of how fortunate he was, and duct inspections and investigations into OSHA wanted to find a way to make a difference in Wednesday, October 5, 2011 violations and requiring the posting of notices the lives of those who did not have access to Ms. NORTON. Mr. Speaker, today, I intro- in workplaces detailing employee rights to a clean water. This young man, Nico Kroeker, duce the Congress Leads by Example Act of safe workplace under OSHA. began a business in October 2010 at 17 years 2011, to subject Congress and the rest of the This bill also furthers the CAA’s mission to old, in order to benefit people who are suf- legislative branch to the federal workplace prevent discrimination by prohibiting adverse fering from unsanitary water conditions.

VerDate Mar 15 2010 04:54 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A05OC8.028 E05OCPT1 tjames on DSK6SPTVN1PROD with REMARKS E1778 CONGRESSIONAL RECORD — Extensions of Remarks October 5, 2011 Mr. Kroeker calls his project The Ripple Ef- among both patients and their physicians. We OCTOBER 3, 2011. fect, and sells water bottles from his Web site can help ensure appropriate screening, and Hon. ROSA L. DELAURO, in order to raise funds. Keeping nothing for help make sure that more women are diag- House of Representatives, Rayburn House Office Building, Washington, DC. himself, Mr. Kroeker takes all of the profits nosed at an earlier stage of cancer. DEAR REPRESENTATIVE DELAURO, the Black and puts them toward purchasing more water This legislation has been endorsed by sev- Women’s Health Imperative is very pleased bottles to sell. A portion of the profits go to eral national organizations, whose letters of to support the introduction of the Breast Living Water International, an organization that support I hereby submit for the record. And it Density and Mammography Reporting Act of builds wells in villages where water is either is based on strong legislation already enacted 2011. unsanitary or difficult to obtain. Living Water in my home state of Connecticut. But women Women with dense breast tissue are more International strategically places these wells should not live or die because of geography— likely to get breast cancer, it is more likely to be aggressive, and very likely to be missed near schools so women are able to get an we owe it to women across the country to en- on a mammogram. The Breast Density and education rather than travel long distances for sure that they have access to the information Mammography Reporting Act of 2011 cor- unclean water. they need to make informed decisions about rects a fatal flaw in the post-mammography Now wells do not last forever, which can be their health. This legislation will help the patient communication. The inclusion of a problem with this type of program, but Living women in our lives and their health care pro- breast density information in the lay letter, Water International has worked to find a solu- fessionals access critical, potentially life-saving sent from radiologist to patient, recognizes tion to this. The organization works alongside information, and I urge my colleagues to sup- the importance of patient notification of the villagers teaching them how to build and port our efforts. this risk factor. Without the provision for this notification, the opportunity for an in- OCTOBER 3, 2011. maintain the wells. By doing this, the villagers formed and educated patient is tragically Hon. ROSA L. DELAURO, are able to maintain the wells and fix them compromised. This legislation will ensure even after Living Water International has left. House of Representatives, Rayburn House Office Building, Washington, DC. that the 40% of women with dense breasts, Mr. Kroeker really liked how the fact that the armed with critical information about their DEAR REPRESENTATIVE DELAURO: On behalf organization did not just build the well and of the Board of Directors of Are You Dense, own physiology, can have equal access to leave, but rather taught the villagers so they Inc., we are pleased to support the Breast early detection of breast cancer. Breast Density notification will help bring could become independent. Even though he is Density and Mammography Reporting Act of about a new era in which women, in conjunc- leaving for college in the fall of 2011, Mr. 2011. The grassroots breast density informa- tion with their doctors, can make fully in- tion effort began in Connecticut in 2004 when Kroeker still plans on managing his company formed choices about breast screening and I was diagnosed with an advanced stage from Blinn College in College Station, Texas. surveillance. His company operates through a Web site, breast cancer after a decade of ‘‘normal’’ Thank you for giving us the opportunity to which will make it very convenient for Mr. mammograms. When I questioned my breast support this important and timely legisla- surgeon why my cancer was detected at such Kroeker to balance his school work and con- tion. an advanced stage, since I received a ‘‘nor- Sincerely, tinue to provide clean and safe water to peo- mal’’ mammography report a few months ple in need. ELEANOR HINTON HOYTT, earlier, her response was that I have dense President & CEO, Mr. Speaker, I applaud this young Texan for breast tissue. This was the first time that I Black Women’s Health Imperative. taking action and making a difference in the was informed about this critically important lives of others. aspect of my breast health and what dense OCTOBER 3, 2011. And that’s just the way it is. breast tissue meant to me for access to an Hon. ROSA L. DELAURO, Early Cancer Diagnosis. I began working f House of Representatives, Rayburn House Office with Connecticut State Senators Joan Hart- Building, Washington, DC. THE BREAST DENSITY AND MAM- ley and Joseph Crisco and, with their unwav- DEAR REPRESENTATIVE DELAURO, Are You MOGRAPHY REPORTING ACT OF ering support for Early Detection for women Dense Advocacy, Inc. is pleased to support with dense breast tissue, Connecticut estab- 2011 the introduction of the Breast Density and lished itself as a leader in state legislation Mammography Reporting Act of 2011. It is in for breast density notification and expanded the interest of public safety to enact a stand- HON. ROSA L. DeLAURO insurance coverage for women with dense ard that requires doctors to inform women of OF CONNECTICUT breast tissue. I am so proud that you are their breast density, its inherent risk factor, leading the federal efforts to change the out- IN THE HOUSE OF REPRESENTATIVES and apprise them of the limitations of mam- come of an advanced cancer to an early stage mography in dense breasts. Without this Wednesday, October 5, 2011 cancer for women across the country with simple notification, women with dense dense breast tissue. Ms. DELAURO. Mr. Speaker, I rise today to breast tissue, unaware of this critical piece Research for more than a decade dem- of their own physiology, and kept in the introduce the Breast Density and Mammog- onstrates that women with dense breast tis- raphy Reporting Act of 2011, which will pro- dark about density’s inherent risk factor, sue’ are at increased risk of breast cancer can hardly be considered informed partici- vide women and their health care providers and have only a 40% chance of having their pants in their own health surveillance. with the information they need about identi- cancer detected by mammography alone. As Women with dense breasts are more likely fying breast cancer risks and help to detect density increases, the sensitivity of mammo- to get breast cancer, it is more likely to be this deadly disease at the earliest possible gram to ‘‘see’’ cancer decreases. Breast den- aggressive, and is more likely to be missed stage. sity is one of the strongest predictors of the on a mammogram. Over the past decade, One in eight women in the United States will failure of mammography screening to detect peer reviewed scientific studies have dem- cancer. onstrated that mammography misses breast develop breast cancer in their lifetime. This A Harris Poll found that less than 1 in ten year alone, more than 230,000 Americans will cancer at least 40% of the time in women women team about their breast density from with dense breasts. The inclusion of breast be diagnosed with breast cancer and nearly their health care providers and ninety-five density information In the lay letter, sent 40,000 women will die of the disease. We percent of women do not know their breast from radiologist to patient, recognizes the know that there are risk factors, things that in- density even though it is one of the highest fundamental right of a patient to be aware of crease an individual’s chance of developing risk factors for breast cancer. The Breast her own density, her personal risk factor, for breast cancer—gender, family history of Density and Mammography Reporting Act of and supplemental screening tools which may cancer, certain genetic mutations, and numer- 2011 will correct this fatal flaw in the Early be appropriate. Detection of Breast Cancer by standardizing ous others. We strongly support this timely legislation the communication of breast density to the which will prove life saving for so many Among them is dense breast tissue. Women patient across our country. Breast Density American women. with more dense breast tissue have a relative notification will help bring about a new era Sincerely, risk of developing breast cancer that is four or in which women, in conjunction with their JOANN PUSHKIN, more times higher than individuals with less doctors, can make fully informed choices Director of Government Relations, dense breast tissue. And dense breast tissue about their breast screening and personal Are You Dense Advocacy, Inc. may also make it more difficult to identify po- surveillance. tential problems on mammograms. Thank you for giving Are You Dense, Inc. AMERICAN ASSOCIATION OF the opportunity to support this important This bill seeks simply to update the informa- BREAST CARE PROFESSIONALS, and timely legislation. Houston, TX. tion that women and their health care pro- Sincerely, DEAR CONGRESS: The American Association viders receive after a mammogram. By includ- NANCY M. CAPPELLO, PH.D., of Breast Care Professionals (AABCP) in col- ing information on an individual’s breast den- President and Founder, laboration with the AABCP Foundation, sity in these reports, we can raise awareness Are You Dense, Inc. strongly supports all legislation regarding

VerDate Mar 15 2010 04:54 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A05OC8.031 E05OCPT1 tjames on DSK6SPTVN1PROD with REMARKS October 5, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1779 research, education and early diagnosis of trepreneurs, which is often a key impediment renewable fuels be in our nation’s fuel supply. breast cancer for individuals with dense to women seeking to launch a new venture. This mandate is being fulfilled by grain ethanol breast tissue. We ask all congressional lead- Beyond its work advocating for female en- that comes from corn. ers for consideration and co-sponsorship of trepreneurs, the Women’s Chamber has The federal government’s creation of an arti- this legislation. AABCP is a non-profit trade association helped to promote career advancement for ficial market for the ethanol industry has quite and foundation dedicated to educating the women and protect the rights of female em- frankly created a chain reaction that is hurting public and promoting public policy that is in ployees. The Chamber was a strong advocate consumers. It is expected that this year about the interest of the breast cancer patient, the for the Lilly Ledbetter Fair Pay Act and has 40 percent of the U.S. corn crop will be used post-mastectomy amputee, and the providers stalwartly fought for female advancement in for ethanol production. With increasing food who serve them. the workplace. and feed stocks being diverted into fuel, we Currently, more than 2,500,000 individuals Mr. Speaker, this week the U.S. Women’s are seeing diminished supplies for livestock in the United States are living with breast Chamber of Commerce celebrates ten years and food producers. This year livestock and cancer. Each year, more than 200,000 people, 97% women and 3% men, are diagnosed with of service to American female entrepreneurs. poultry producers will use 1.1 billion fewer breast cancer. Additionally, women with As our economy continues to evolve, we can bushels of corn than they used in the 2004/ more dense breast tissue have at least a four- expect female entrepreneurship will only fur- 2005 crop year, the last crop year before the time greater risk of developing breast cancer ther blossom and play a greater role in Amer- RFS. This will be the first year ever that eth- than individuals with less dense tissue. ican commerce. As that happens, the U.S. anol production has used more of our corn Physicians and health care providers are Women’s Chamber will continue its role as a supplies than feeding livestock and poultry in the first line of information during diagnosis strong advocate for women-owned businesses the U.S. and treatment. The provision of more sci- and female employees. The RFS mandate has created a domino ef- entific and appropriate information regard- fect. Tightening supplies are driving up the ing the risks of dense breast tissue to indi- f price of corn. The higher cost for corn is viduals, immediately after a mammogram, HONORING ROSE LENOX ensures receipt of timely information and al- passed on to livestock and food producers. In lows an individual to make a more informed turn, consumers see that price reflected in the decision regarding their health care. HON. TOM MARINO price of food on the grocery store shelves. In The American Association of Breast Care OF PENNSYLVANIA the debate over ethanol, the government is Professionals believes that women will ben- IN THE HOUSE OF REPRESENTATIVES picking winners and losers and livestock and efit from knowing both that they have dens- food producers, and the consumers of live- er breast tissue and the associated risks. Wednesday, October 5, 2011 stock and food products are the losers. As we When dealing with cancer, knowledge is sur- Mr. MARINO. Mr. Speaker, I rise today in vival. confront the reality of the tightening corn sup- We thank you again for your leadership honor of my constituent, Rose Lenox, on the plies, there are real concerns about having and consideration of this very important occasion of her 80th birthday. enough corn supplies to satisfy the RFS and issue. Rose Lenox nee Homan was born on Octo- the needs of our food producers. We should Respectfully, ber 19, 1931 in Towanda, Pennsylvania at not be in a position where we are choosing RHONDA F. TURNER, PHD, JD, BOCPO, Mills Hospital. She attended school through between fuel and food. That is why I am intro- President. fourth grade in a one-room school house in ducing two bills that would alter this artificially f Black, Pennsylvania, and then transferred to created government market. Ulster Elementary. Rose had daily responsibil- The first bill, the Renewable Fuel Standard RECOGNIZING THE U.S. WOMEN’S ities at the family farm, which she had to bal- Elimination Act is simple; it would eliminate CHAMBER OF COMMERCE ance with her studies at Towanda High the RFS and make ethanol compete in a free School. Rose met her future husband, James market. The government should not be cre- HON. NYDIA M. VELA´ ZQUEZ Lenox, in ninth grade. ating a market to sustain an entire industry. OF NEW YORK After graduating, Rose was one of the first While I believe that we should completely IN THE HOUSE OF REPRESENTATIVES on the job training students to earn a clerical eliminate the RFS, I recognize that there may Wednesday, October 5, 2011 job at the DuPont plant in Towanda. After rais- not yet be the political will in Congress to ing her children, Rose went on to work at completely eliminate this mandate. And while Ms. VELA´ ZQUEZ. Mr. Speaker, I rise to Finlan Insurance and the Towanda Country there may not yet be the political will to elimi- recognize the U.S. Women’s Chamber of Club. nate this mandate we have to address the re- Commerce, an organization that has been vital On October 20, 1951, Rose married James ality that we are being confronted with, tight- to fostering entrepreneurship among females. Lenox at the Saints Peter and Paul Roman ening corn supplies, and our livestock pro- Today, the number of women-owned busi- Catholic Church. Together, Rose and James ducers, our food manufacturers, and our con- nesses is growing at a rate double of all other have three children (Kathy, David, and Rose- sumers need relief now. firms. In 2007, women owned 7.8 million busi- mary) and eight grandchildren. That is why I have joined with several col- nesses and accounted for 28.7 percent of all Mr. Speaker, I rise today to honor my con- leagues in introducing legislation to reform the businesses nationwide, according to the U.S. stituent, Rose Lenox, on the occasion of her RFS. This reform will provide relief to our live- Census Bureau’s Survey of Business Owners. 80th birthday, and ask my colleagues to join in stock and food producers and consumers of These firms generated $1.2 trillion in receipts, praising her commitment to her family and these products. This legislation, the Renew- about 3.9 percent of all business receipts na- country. able Fuel Standard Flexibility Act will link the tionwide. f amount of ethanol required for the RFS to the As this dynamic sector continues to evolve, amount of the U.S. corn supplies. This legisla- it is vital women have a strong voice rep- INTRODUCTION OF THE ‘‘RENEW- tion would provide a mechanism that when the resenting them and the Women’s Chamber of ABLE FUEL STANDARD ELIMI- USDA reports that U.S. corn supplies are Commerce has been a stalwart champion for NATION ACT’’ AND THE ‘‘RENEW- tight, based upon the ratio of corn stocks to female entrepreneurs. ABLE FUEL STANDARD FLEXI- expected use, there would be a corresponding Founded ten years ago, the Women’s BILITY ACT’’ reduction of corn ethanol made to the RFS. Chamber is the only national organization of For example, if this policy was in place now, its kind, working with over 500,000 members HON. BOB GOODLATTE the legislation would trigger a 25 percent re- to eliminate barriers to female entrepreneur- OF VIRGINIA duction in the RFS. This is a common sense ship. Throughout its history, the Chamber has IN THE HOUSE OF REPRESENTATIVES solution to make sure that we have enough secured a series of key victories that have corn supplies to meet all of our demands. helped small firms owned by women flourish Wednesday, October 5, 2011 I am a strong supporter of renewable fuels, and grow. In 2005, the U.S. Women’s Cham- Mr. GOODLATTE. Mr. Speaker, it is past when they compete fairly in the marketplace ber of Commerce won a lawsuit against the time for us to have a serious conversation but the current policy is unfair and is causing government for failing to implement the ‘‘Wom- about the federal government’s role in sup- unintended and negative consequences for en’s Procurement Program,’’ an initiative help- porting ethanol. One of the big drivers of eth- American consumers, livestock farmers, and ing female entrepreneurs secure federal con- anol is an artificial market, created by the fed- food manufacturers. Congress created this ar- tracts. The Women’s Chamber has also fought eral government. The Renewable Fuel Stand- tificial market that is distorting the food and to expand access to capital among female en- ard, RFS, mandates that 36 billion gallons of feed market, and we must provide relief of its

VerDate Mar 15 2010 04:54 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A05OC8.034 E05OCPT1 tjames on DSK6SPTVN1PROD with REMARKS E1780 CONGRESSIONAL RECORD — Extensions of Remarks October 5, 2011 unintended consequences. I urge the Con- standing contribution to the Wakefern Food it are receiving, they can have the opportunity gress to pass this legislation. Corporation and wishing him the best as he to live the American dream—to do anything f begins to enter the next chapter of his life. they want to do, to go on to a great college f or university of their choice, and to pursue any IN RECOGNITION OF MR. DEAN career path that sparks their interest. JANEWAY A CONGRESSIONAL RESOLUTION In 1961, Bishop Dunne Catholic School RECOGNIZING MACY REYNOLDS began under the name Our Lady of Good HON. FRANK PALLONE, JR. ON HER INDUCTION INTO THE Counsel High School. The Sisters of St. Mary OF NEW JERSEY GREENE COUNTY WOMEN’S HALL of Namur had established two girls’ high OF FAME IN THE HOUSE OF REPRESENTATIVES schools in Dallas; Our Lady of Good Counsel Academy in Oak Cliff in 1901 and St. Wednesday, October 5, 2011 HON. STEVE AUSTRIA Edward’s Academy in East Dallas in 1912. At Mr. PALLONE. Mr. Speaker, I rise today to the request of the Diocese of Dallas, the Sis- OF OHIO congratulate Mr. Dean Janeway, President ters agreed to close the two high schools and IN THE HOUSE OF REPRESENTATIVES and Chief Operating Officer of Wakefern Food invite students from them to be part of a new Corporation, on the occasion of his retirement. Wednesday, October 5, 2011 entity, a diocesan sponsored high school. In Mr. Janeway has dedicated forty years of Mr. AUSTRIA. Mr. Speaker, on behalf of the 1963, the name of the school was officially service to the Wakefern Food Corporation and people of Ohio’s Seventh Congressional Dis- changed to Bishop Dunne in honor of one of has been a catalyst for the organization’s ex- trict, I rise today to recognize Ms. Macy Rey- the first bishops of Dallas. In 1969, the school pansion and advancement throughout the nolds for her induction into the Greene County officially became coeducational. Northeast. His outstanding commitment is un- Women’s Hall of Fame. Core values Bishop Dunne instills in its stu- doubtedly worthy of this body’s recognition. Ms. Macy Reynolds along with five other dents and counts as a priority are spiritual Mr. Dean Janeway’s commitment to candidates was from a pool of many worthy growth and faith development; academic ex- Wakefern Food Corporation is a testament to women to receive this honor, and thus, she cellence in an innovative and creative environ- his outstanding character. Mr. Janeway joined was nominated for her great endeavors in the ment; formation in a positive and nurturing en- the Wakefern team in the 1960s as a Junior field of Horticulture. vironment; commitment to fellowship, social Accountant. He later earned a position as Ex- justice and community service; appreciation of Ms. Reynolds, a teacher by profession, ecutive Vice President before being named individual uniqueness and value; commitment taught in Mad River Schools and as an ad- President and Chief Operating Officer in 1995. to social and civic responsibilities and to glob- junct at the University of Dayton. Becoming a As a member of the Wakefern team, Mr. al leadership and; Service to a multi-cultural Master Gardner in 1998, she has taught many Janeway took every opportunity to learn the community. educational programs and volunteered in intricate aspects of the business. He has over- Mr. Speaker, my community and our country many public gardens all over Greene County. seen the largest expansion in the organiza- benefits immensely from the educational ex- An Ohio certified insect, weed and tree spe- tion’s history and managed the advancement cellence Bishop Dunne Catholic School con- cialist, Macy has removed invasive species to become the premier supermarket retailer in tinues to provide. I congratulate them on 50 from various locations around Greene County the Northeast. Under Mr. Janeway’s direction, years of service. while also working hard to restore prairies by Wakefern has also experienced significant ex- harvesting and planting seeds in their natural f pansion in its membership base resulting in areas. Macy also put together an educational the growth of its retail sales by more than 150 MOURNING THE LOSS OF REV. program for the Miami Valley Juvenile Reha- percent. Mr. Janeway also continues to direct FRED SHUTTLESWORTH AND RE- bilitation Center in Xenia. The resident youth Wakefern’s corporate giving endeavors, spear- FLECTING ON HIS LEGACY attend gardening classes, plant and care for heading Wakefern’s fight against hunger. the garden. The produce from these gardens In addition to his professional responsibil- are then donated to the local Fish Food Pan- HON. CHARLES B. RANGEL ities at Wakefern, Mr. Janeway served as a try. She is also a founding member of the Mid- OF NEW YORK member of various prestigious boards includ- west Native Plant Society and has worked to IN THE HOUSE OF REPRESENTATIVES ing the Board of Directors of the Eastern maintain the Women’s Park in Yellow Springs Frosted Foods Association, EFFA, and is past Wednesday, October 5, 2011 where she also serves as secretary of the President of the Eastern Perishable Products Mr. RANGEL. Mr. Speaker, I am deeply Tree Committee. Ms. Macy also was Greene Association, EPPA. Among other prestigious saddened to learn today of the passing of a County’s first representative to the Heritage positions, he has also admirably served on the great man, Reverend Fred Shuttlesworth, who Garden Ambassador Program. Board of Directors of the national Grocers As- was truly an American hero and a committed sociation and is a member of the Board of the Thus, with great pride, I congratulate Ms. civil rights legend. His life and dedication fight- national Co-op Bank. Mr. Janeway presently Macy Reynolds for her exemplary service to ing in Birmingham, Alabama, on behalf of the sits on the Board of Directors of Insure-Rite, Greene County and extend best wishes for the segregated black community will never be for- Ltd and in 2009 began his reign as Chairman future. gotten. of the University of Medicine and Dentistry of f The Reverend helped create the Southern New Jersey’s Finance Committee. Christian Leadership Conference with Dr. Mar- BISHOP DUNNE HIGH SCHOOL As a result of his outstanding accomplish- tin Luther King Jr. and Ralph Abernathy and ments, Mr. Janeway is the recipient of various served as secretary for several years. During prestigious awards including the Modern Gro- HON. EDDIE BERNICE JOHNSON his lifetime, Rev. Shuttlesworth was beaten cer’s annual Publisher’s Award for Lifetime OF TEXAS and arrested several times for his activism. Achievement, the New Jersey Food Council’s IN THE HOUSE OF REPRESENTATIVES His church and home had even been bombed, Lifetime Achievement Award and the Food but he persevered in his struggle. The many Wednesday, October 5, 2011 Marketing Institute’s Herbert Hoover Award. sit-ins and boycotts he led helped advance a His humanitarian work was honored by the Ms. EDDIE BERNICE JOHNSON of Texas. people and a nation forward from the evils of Special Olympics of New Jersey in 2009 and Mr. Speaker, I rise today to honor Bishop segregation to enjoy many of the freedoms we earlier this year he was recognized by the Dunne Catholic-School in Dallas, Texas for 50 have today. Archdiocese of Newark at their annual Busi- years of educational excellence. Bishop As we reflect on the sad passing of one of ness and Labor Recognition Reception for his Dunne is a coeducational, college preparatory the greatest inspirations of the Civil Rights support for various charitable causes. Mr. school which serves grades 6 through 12. movement, I hope everyone back in his home- Janeway is a graduate of Rutgers University, The students here are our best and our town, Birmingham, Alabama, and across the a father of three adult children and currently brightest, and with encouragement and sup- nation reflects on his legacy with gratitude and resides in South Mantoloking, New Jersey with port from their principals and teachers, these admiration. I speak on behalf of all the people his wife MaryAnn. students are achieving remarkable success. of New York’s 15th Congressional District Mr. Speaker, once again, please join me in Because of the high quality education the stu- when I say we are all thankful for what Rev. thanking Mr. Dean Janeway for his out- dents at Bishop Dunne and other schools like Shuttlesworth accomplished.

VerDate Mar 15 2010 04:54 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A05OC8.036 E05OCPT1 tjames on DSK6SPTVN1PROD with REMARKS October 5, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1781 CONGRATULATING THE LINCOLN mitted to the well-being of her friends and Reed, Judge William Booth, Donald Lee, MAGNET SCHOOL ON BEING neighbors, particularly to the senior citizens of Raphael Dubard and the current President, my NAMED A 2011 NATIONAL BLUE Bucks County. sister, Dr. Hazel N. Dukes. RIBBON SCHOOL A self-educated woman, Nancy became an Through its seventy-five year history, the integral part of her community, serving as New York State Conference has been a lead- HON. AARON SCHOCK member of the Perkasie Borough Council, a ing force in driving the missions and goals of OF ILLINOIS frequent columnist for her local paper, the the Association. The first Prison Branch of IN THE HOUSE OF REPRESENTATIVES Morning Call, the chairperson of the Bucks NAACP was chartered in New York. The County Area Agency on Aging Advisory Coun- Wednesday, October 5, 2011 Youth and College Division grew as a vig- cil, and a member of the Southeast Regional orous power to be reckoned with, and con- Mr. SCHOCK. Mr. Speaker, I rise today to Council of the Pennsylvania Council on Aging. tinues to be outspoken and on the front line of honor Lincoln Magnet School in Springfield, Il- Of all the projects Nancy was a part of dur- advocacy today. linois for being named a 2011 National Blue ing her remarkable life, one of the dearest to Ribbon award winner in high academic per- her was the foundation of the new Pennridge Under the leadership of Dr. Hazel Dukes formance. Lincoln Magnet School was only Community Senior Center in Silverdale. While and the first Executive Director David Bryant, one of 17 public and private schools in the the task of raising funds to build this new cen- Esq. the New York State Conference State state of Illinois and one of 304 schools nation- ter was no small undertaking, Nancy patiently opened its offices in lower Manhattan in 1978. wide to receive this prestigious honor. and diligently persevered until the project was Shortly before the historic Centennial Celebra- Lincoln Magnet School serves 321 students completed. Her advocacy for the senior citi- tion of the National Association for the Ad- in sixth, seventh and eighth grade. It incor- zens of Bucks County goes well beyond the vancement of Colored People in 2009, the porates technology in the classroom by pro- construction of a single building, and this new state conference relocated its office to a beau- viding each student with an individual laptop. center will stand as a testament to her hard tiful spacious Suite at 1065 Avenue of the The school has previously been recognized as work and dedication for generations to come. Americas in Midtown Manhattan. The state-of- the-art office is run with an Administrative As- an Apple Distinguished School, one of a select f number of schools nationwide to receive that sistant, support staffs and interns to facilitate elite honor. Their vision is to ‘‘prepare stu- IN RECOGNITION OF THE 75TH AN- activity throughout the state to the 56 adult dents to be outstanding global citizens in an NIVERSARY AND DIAMOND JUBI- units, Youth, and College Chapters from Har- ever-changing technological world.’’ Lincoln LEE CELEBRATION OF THE NA- lem to Highland Falls, Brooklyn to Buffalo, Magnet School has not only met this goal, but TIONAL ASSOCIATION FOR THE Syracuse to Suffolk County, Albany to Amity- has exceeded it. ADVANCEMENT OF COLORED ville and all points in between. Lincoln Magnet School is the type of institu- PEOPLE NEW YORK STATE CON- New York State Conference Civil Rights Ad- tion more schools should emulate. Students at FERENCE vocacy over the years has included historic the school have also consistently dem- demonstrations, marches and mobilizations. onstrated high academic performance— HON. CHARLES B. RANGEL Like the memorable 160-mile march from New outscoring their peers at the state level in OF NEW YORK York City to Albany to underscore our civil every category. For example, 95% of students IN THE HOUSE OF REPRESENTATIVES rights issues, the Over-ground Railroad project to promote voter registration and voter partici- in 2010 met the State of Illinois’ benchmark in Wednesday, October 5, 2011 mathematics with 44% of students exceeding pation throughout the State of New York, the benchmark. In reading, 96% of students Mr. RANGEL. Mr. Speaker, today I rise with marches and demonstrations to protest police achieved the reading benchmark and 33% ex- great pride and as a life member to recognize brutality and the murders of Michael Steward ceeded it. the 75th Anniversary and Diamond Jubilee by Transit police and Eleanor Bumpers by The staff and leadership of Lincoln Magnet Celebration of our beloved NAACP New York Public Housing police. The New York State School have also partnered with local agen- State Conference. Conference held one of the largest demonstra- cies in order to offer numerous educational On October 7 thru Oct. 9, 2011, The New tions in Howard Beach to protest the racial opportunities to their students. At a time when York State Conference of the National Asso- murder of Michael Griffin and in Middletown, employers in my district lament the lack of ciation for the Advancement of Colored People New York to protest the police murder of the skills in the workforce, I am proud to see (NAACP) will host its 75th Anniversary Con- son of NAACP branch President, Maude schools such as Lincoln Magnet School utilize ference and Diamond Jubilee Celebration, at Bruce. laptops, virtual lab experiences and other the Westin Times Square Hotel and Con- Reflecting on these important moments and types of technology to better prepare their stu- ference Center in New York City. The Cele- milestones, President Hazel Dukes said, ‘‘The dents for the technical demands of the future. bration will honor the rich history of the New York State Conference has been a vital The one-to-one laptop environment present NAACP and examine critical issues chal- component of the National NAACP for 75 of at Lincoln Magnet School offers students the lenging all New Yorkers. Delegates and par- its 102-year history. We have played a pivotal ability to answer their own questions while ticipants will enjoy interactive workshops on role in moving the agenda for freedom and also incorporating real-world experiences into education, health, civic engagement, economic equality forward. The celebration of our 75th the classroom. Virtual science laboratories empowerment and criminal justice. Anniversary gives the State Conference an The NAACP New York State Conference make difficult concepts easier to understand. opportunity to review past challenges, cele- has been a vital programmatic component of The prevalent use of different types of tech- brate accomplishments and be emboldened by the National Association for the Advancement nology means a student never stops learning. future possibilities.’’ Members and guests of of Colored People for 75 of the 102-year his- Once again, I congratulate the teachers, the NAACP from the tri-state area will partici- tory of the oldest, most effective and most re- staff, students, parents and community mem- pate in numerous events during this milestone spected civil rights organization in the Nation. bers of Lincoln Magnet School for all of their weekend. hard work in achieving the National Blue Rib- The New York State Conference has played a The Conference begins Friday, October 7 at bon award. pivotal role in moving the agenda for freedom noon with registration and the opening plenary f and equality forward under the leadership of dynamic State Conference Presidents, each of at 2:30 p.m. At 7:30 p.m., the Rev. Dr. Greg- COMMEMORATING THE LIFE OF whom addressed critical issues during their ory Smith, Senior Pastor and the Congrega- NANCY KEENAN tenure. tion of the historic Mother African Methodist Dr. James E. Allen, the first President, took Episcopal Zion Church will host an Ecumeni- on the challenge of expanding the number of cal Service in Harlem featuring keynote speak- HON. MICHAEL G. FITZPATRICK er the Honorable Benjamin Todd Jealous, OF PENNSYLVANIA branches all across the state. From 1936 to President and CEO of the National NAACP. IN THE HOUSE OF REPRESENTATIVES 1952, the number of branches grew from 15 to 45, providing local civil rights advocacy in The service will also highlight a performance Wednesday, October 5, 2011 every corner of the state on a wide range of by Vy Higginson’s Gospel for Teens Choir, re- Mr. FITZPATRICK. Mr. Speaker, I rise today issues. The succeeding Presidents have built cently featured on CBS’ 60 Minutes, by leg- to honor the life of Nancy Keenan of Perkasie, on that solid foundation and added to the endary News Correspondent Barbara Walters. Pennsylvania. Born and raised in South- scope and innovative advocacy techniques. On Saturday, October 8 from 8:45 a.m. to 5 eastern Pennsylvania, Nancy was truly com- They were Mrs. Effie Gordon, Dr. Eugene T. p.m., a number of interactive workshops and

VerDate Mar 15 2010 04:54 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\K05OC8.015 E05OCPT1 tjames on DSK6SPTVN1PROD with REMARKS E1782 CONGRESSIONAL RECORD — Extensions of Remarks October 5, 2011 trainings on health, education, civic engage- gle mega-bridge with a cost of $700 million is lack of internal expertise regarding such a ment, criminal justice and economic develop- fiscally irresponsible and terrible public policy. bridge as a project risk. Though some of the ment are scheduled. I will be bringing wel- I strongly oppose H.R. 850 and I am not extra risk has been built into the project’s alone. The conservative watchdog group Tax- cost estimate, there still remains an in- coming greetings to all of the delegates and creased chance of cost overruns. special guest assembled for the 75th Annual payers for Common Sense sent a letter today Building this bridge would limit the funds Luncheon, which begins at 12 Noon and fea- to members of the Natural Resources Com- available for the other priorities in Min- tures our dynamic leader, the Honorable Dr. mittee opposing H.R. 850 and states, ‘‘accept- nesota and Wisconsin. Combined, the two Roslyn M. Brock, Chairman of our NAACP Na- ing a project that is too big and too expensive states have more than 2,000 deficient bridges tional Board of Directors as the keynote for the sake of speeding project delivery would and nearly 6 million trips are made across speaker. Other speakers include the Hon. be irresponsible at any time, and even more them every day. In addition, nearly half the Alphonso David, New York State Deputy Sec- so while we are doing everything possible to roads in Minnesota and Wisconsin need addi- tional maintenance to get them back to retary for Civil Rights, Michael Mulgrew, Presi- find our way out of a budgetary mess.’’ ‘‘good’’ condition. Building such an expen- dent United Federation of Teachers, Reverend A St. Croix River crossing that is affordable, sive bridge across the St. Croix, with the Edward Mulraine, Unity Tabernacle Baptist meets transportation and safety needs, and chance of significant cost overruns, would Church Mt. Vernon, New York, and our be- responsibly scaled should be built, but H.R. seriously hamper each state’s ability to per- loved State Conference President Dr. Hazel N. 850 and its companion in the U.S. Senate, S. form these vital maintenance efforts in as Dukes. 1134, are bills that should be rejected. I ap- timely a manner as possible, to say nothing The activities of the day culminate with the preciate that the willingness of Taxpayers for of new facilities that may be required to re- 75th Diamond Anniversary Awards Dinner Common Sense for voicing their concerns lieve congestion, improve safety, facilitate commerce, and keep the transportation sys- Dance. Cheryl Wills, Anchor NY1 News and about this mega-bridge exemption and I have tem moving efficiently. author of ‘‘Die Free’’ A Heroic Family History,’’ enclosed their letter to the House Natural Re- There is little question that a new bridge will be the Mistress of Ceremony. The evening sources Committee for printing in the CON- is required at this location to replace the speakers include my longtime loyal friend, GRESSIONAL RECORD. outdated lift bridge that currently carries supporter and ally, George Gresham, Presi- TAXPAYERS FOR COMMON SENSE, traffic over the St. Croix, but only if it can dent of the mighty SEIU Local 1199. The clos- October 4, 2011. be done at a far lower cost than is currently ing program will take place on Sunday, Octo- OPPOSE H.R. 850: IT’S TIME TO RETHINK THE envisioned. The proposed bridge is a relic STILLWATER BRIDGE from a different time: before our nation fi- ber 9, 2011 with a breakfast, Church Service, nally committed to taking care of its budget DEAR NATURAL RESOURCES COMMITTEE and a legislative session presided by Judge mess, before the end of the housing boom MEMBER: Taxpayers for Common Sense Ac- Laura D. Blackburne, Chairman of the Crisis that dramatically changed the landscape in tion urges you to oppose H.R. 850 (‘‘To facili- Magazine and by Kenneth Cohen, Sr., Re- western Wisconsin, and before the realiza- tate a proposed project in the Lower St. tion that the current state of our transpor- gional Director of the Metropolitan Council of Croix Wild and Scenic River’’) when it comes tation program may lead to a cut as deep as NAACP Branches. before the Natural Resources Committee for 30% from current funding levels in future Mr. Speaker, let me take a moment to sa- your consideration. Proponents argue that years. lute my sister, Hazel N. Dukes as we cele- this bill will not cost any taxpayer dollars, At the very least, it is worth taking a hard but granting the proposed bridge between brate our Diamond Jubilee of our New York look at additional alternatives to determine Minnesota and Wisconsin over the St. Croix State Conference. For as long as I have been whether we can accommodate the region’s River an exemption from the Wild and Sce- involved with the NAACP and a Member of transportation needs at a far lower cost to nic Rivers Act is one of the final few steps Congress, Hazel has always been an out- taxpayers, and possibly without an exemp- before taxpayers are asked to pay many mil- tion from the Wild and Scenic Rivers Act. spoken opponent of policies that she felt un- lions on a bridge that is far too large in We understand that there is an urgency to dermined the achievements of the civil rights scope and far too expensive. A bridge in this move forward with a new bridge, but accept- movements of the 1960s and today. Hazel’s location is warranted to replace an outdated ing a project that is too big and too expen- political career has made her one of the most lift bridge, but needs to be done at a far sive for the sake of speeding project delivery lower cost. The project as proposed should be important black activists and campaigners of would be irresponsible at any time, and even rejected. the last quarter of the twentieth century; I am more so while we are doing everything pos- The current fight over spending cuts and proud of her stance to reduce class sizes in sible to find our way out of a budgetary the debt ceiling highlights the immense our New York City Schools and for equal and mess. budget challenges our nation faces, including If you would like additional information, fair education for all children. Hazel can be a a trillion-dollar-plus deficit and more than one-woman band, but her advocacy and hard please contact Erich Zimmermann in my of- $14 trillion in debt. The state of our trans- fice at (202) 546–8500 x132. work create and orchestrate for change. portation program is little better, as the I ask my colleagues and a very grateful Na- Sincerely, highway trust fund collects inadequate funds RYAN ALEXANDER, tion to join me in a very special congressional to meet the nation’s transportation chal- President. salute to the NAACP New York State Con- lenges. As a result, doing more with less is f ference celebrating their 75th Diamond Jubilee essential, and the same holds true for the Anniversary. proposed St. Croix River crossing. HONORING THE LIFE OF REV. We are deeply concerned about the scale FRED SHUTTLESWORTH f and cost of this project for a number of rea- ST. CROIX CROSSING ‘‘MEGA- sons: BRIDGE’’ OPPOSED BY TAX- Driven by a desire to create a ‘‘signature’’ HON. JOHN CONYERS, JR. bridge for the region, stakeholders chose the OF MICHIGAN PAYERS FOR COMMON SENSE most expensive alternative. This would be by IN THE HOUSE OF REPRESENTATIVES far the most expensive bridge ever con- HON. BETTY McCOLLUM structed in Minnesota, and would be more Wednesday, October 5, 2011 OF MINNESOTA expensive than the cost of two other Min- Mr. CONYERS. Mr. Speaker, I rise to cele- nesota bridges—the I–35W and Lafayette IN THE HOUSE OF REPRESENTATIVES brate the life and legacy of the late Rev. Fred bridges—combined, yet will carry less than Shuttlesworth. Today, we mourn the loss of an Wednesday, October 5, 2011 10% as much traffic. When every dollar is American soldier who lived without fear to ex- scarce, it is simply irresponsible to build sig- Ms. MCCOLLUM. Mr. Speaker, today, the nature bridges that place form before func- emplify the power of nonviolence in the ongo- Natural Resources Committee is marking up tion, and asking taxpayers to fund such an ing fight against injustice, inequality and in- H.R. 850 which grants an exemption from the expensive project to carry the 18,000 vehicles equity. Wild and Scenic Rivers Act in order to allow the current bridge accommodates is simply No other word best describes civil rights pio- construction of a $700 million mega-bridge outrageous. neer Reverend Fred Shuttlesworth but the connecting Minnesota and Wisconsin across According to Minnesota Department of word ‘‘fearless.’’ Rev. Shuttlesworth was a na- the St. Croix River. This bridge would be lo- Transportation documents, the so-called tive of Alabama and spent his entire life there cated less than six miles from the eight lane ‘‘extradosed’’ bridge proposed for this dedicated to combating discrimination and the project, comes with ‘‘relatively high cost Interstate 94 crossing of the St. Croix. At a risk.’’ An extradosed bridge—a combination alienation of underrepresented communities. time of extremely scarce transportation dollars of a box girder bridge and a cable-stayed He co-founded the Southern Christian Leader- and tremendous need (Minnesota and Wis- bridge—is under construction in Con- ship Conference (SCLC), and was a key strat- consin have more than 2,000 structurally defi- necticut, and that is the only other example egist of nonviolent campaigns, working along- cient bridges in need of repairs) building a sin- of its kind in the U.S. MnDOT lists its own side notable civil rights leaders such as Dr.

VerDate Mar 15 2010 04:54 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A05OC8.042 E05OCPT1 tjames on DSK6SPTVN1PROD with REMARKS October 5, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1783 Martin Luther King, Jr., Rev. Ralph Abernathy, en, Rev. Shuttlesworth solicited other clergy the least among us. His efforts will never be Bayard Rustin and Ella Baker. Rev. and religious leaders to drive the wounded to forgotten. Shuttlesworth was committed to civil disobe- hospitals and nursed some riders in his dience in order to bring about the Constitu- church, Bethel Baptist in Birmingham. His f tion’s promise of equality, however, he was in character was such that if one was hungry, he no way considered a ‘‘passive’’ individual. would feed them; thirsty, he would provide REPRESENTATIVE JERRY COS- Many who worked closely alongside of him re- them with water; homeless, he would open his TELLO WILL BE DEARLY MISSED call how he prodded his fellow civil rights com- doors; imprisoned, he would visit them. Rev. rades to be more active and deliberate in the Shuttlesworth believed that whatever we do HON. CHARLES B. RANGEL push for equality. for the least of our brothers and sisters, re- OF NEW YORK Prior to founding the SCLC, Rev. gardless of race, creed, orientation or any IN THE HOUSE OF REPRESENTATIVES Shuttlesworth was a very visible civil rights fig- other qualifier, we are indeed doing for all of ure, serving as Membership Chairman of the humanity. Wednesday, October 5, 2011 Alabama State Chapter of the NAACP in All men perish, but it is often upon the pass- Mr. RANGEL. Mr. Speaker, I am sad to 1956, and establishing the Alabama Christian ing of great men that we truly recognize their learn that the House of Representatives will Movement for Human Rights (ACMHR) after value. Rev. Shuttlesworth is a universal figure be losing a strong leader with the retirement of the state of Alabama outlawed NAACP activi- whose activism led to several victorious litiga- my dear friend and Colleague, Congressman ties. His visibility made him a clear target of tions against segregation, including the Su- JERRY COSTELLO. In the U.S. Congress, he bigotry and violence, including an assassina- preme Court decision of Shuttlesworth v. Bir- fought hard to protect the environment and tion attempt on the Christmas of 1956 where mingham, which reversed his conviction for promoted progressive development of infra- sixteen sticks of dynamite placed under holding a peaceful demonstration. His involve- structure. Shuttlesworth’s bedroom window resulted in ment in the marches in St. Augustine, Florida extensive damage to his home. Shuttlesworth, and Selma, Alabama led to the historic pas- I am privileged to have worked with JERRY however, suffered no bodily harm. When ad- sages of the Civil Rights Act of 1964 and the in the past 23 years he has served in this vised by a police officer with Klan allegiances Voting Rights Act of 1965. Every state in the great Institution we both so love. JERRY has to ‘‘get out of town,’’ Shuttlesworth rejected United States, as well as twenty countries, has been a steadfast steward of the public interest the officer’s admonition, stating ‘‘I wasn’t created programs to combat racism and preju- from his early days in law enforcement to his saved to run.’’ Rev. Shuttlesworth refused to dice implementing Rev. Shuttlesworth’s strate- more than two decades in the House of Rep- be driven out by intimidation, ignorance and gies and organizational skills. resentatives. Throughout his public career he intolerance. Rev. Shuttlesworth once vowed that he has demonstrated time and again how col- We are ever so grateful he did not run. Rev. would ‘‘kill segregation or be killed by it.’’ For- leagues can reach across the aisle to find Shuttlesworth was one of the many brave tunately, he lived to see the fruits of his labor. compromise for the good of the nation. souls who participated in the sit-ins at seg- He served our country fighting for segrega- I wish JERRY the best of luck with his future regated lunch counters in 1960. His finger- tion’s demise and as a result, we are all bene- endeavors. His service to the people of Illinois’ prints are all over the Freedom Rides of 1961, ficiaries of his efforts. Now more than ever, we 12th District has been impeccable and he will where he organized and saw the mission to its must follow the example of Rev. Fred be dearly missed by both his constituents and completion. When riders were severely beat- Shuttlesworth and see the value in caring for colleagues.

VerDate Mar 15 2010 04:54 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A05OC8.044 E05OCPT1 tjames on DSK6SPTVN1PROD with REMARKS E1784 CONGRESSIONAL RECORD — Extensions of Remarks October 5, 2011 SENATE COMMITTEE MEETINGS 2 p.m. 2:15 p.m. Aging Indian Affairs Title IV of Senate Resolution 4, To hold hearings to examine finding con- To hold an oversight hearing to examine agreed to by the Senate on February 4, sensus in the Medicare reform debate. the Carcieri crisis, focusing on the rip- 1977, calls for establishment of a sys- SD–562 ple effect on jobs, economic develop- 2:15 p.m. tem for a computerized schedule of all ment and public safety in native com- Foreign Relations munities. meetings and hearings of Senate com- Business meeting to consider the nomi- mittees, subcommittees, joint commit- SD–628 nations of Joyce A. Barr, of Wash- 2:30 p.m. ington, to be Ambassador to Namibia, tees, and committees of conference. Intelligence Robert A. Mandell, of Florida, to be This title requires all such committees To hold closed hearings to examine cer- Ambassador to Luxembourg, Thomas to notify the Office of the Senate Daily tain intelligence matters. Digest—designated by the Rules Com- Charles Krajeski, of Virginia, to be Ambassador to the Kingdom of Bah- SH–219 mittee—of the time, place, and purpose rain, Dan W. Mozena, of Iowa, to be of the meetings, when scheduled, and Ambassador to the People’s Republic of OCTOBER 18 any cancellations or changes in the Bangladesh, and Michael A. Hammer, 2:30 p.m. meetings as they occur. of the District of Columbia, to be As- Health, Education, Labor, and Pensions sistant Secretary for Public Affairs, all As an additional procedure along Business meeting to consider an original of the Department of State, Anne bill entitled, ‘‘Elementary and Sec- with the computerization of this infor- Terman Wedner, of Illinois, to be a ondary Education Act’’, and any pend- mation, the Office of the Senate Daily Member of the United States Advisory ing nominations. Digest will prepare this information for Commission on Public Diplomacy, SD–106 printing in the Extensions of Remarks Katherine M. Gehl, of Wisconsin, and section of the CONGRESSIONAL RECORD Terry Lewis, of Michigan, both to be a OCTOBER 20 on Monday and Wednesday of each Member of the Board of Directors of the Overseas Private Investment Cor- 2:15 p.m. week. poration, Russ Carnahan, of Missouri, Indian Affairs Meetings scheduled for Thursday, Oc- to be a Representative of the United To hold hearings to examine S. 134, to tober 6, 2011 may be found in the Daily States of America to the Sixty-sixth authorize the Mescalero Apache Tribe to lease adjudicated water rights, S. Digest of today’s RECORD. Session of the General Assembly of the United Nations, and Ann Marie 399, to modify the purposes and oper- Buerkle, of New York, to be a Rep- ation of certain facilities of the Bureau MEETINGS SCHEDULED resentative of the United States of of Reclamation to implement the water America to the Sixty-sixth Session of rights compact among the State of OCTOBER 11 the General Assembly of the United Montana, the Blackfeet Tribe of the 2:30 p.m. Nations, and routine lists in the For- Blackfeet Indian Reservation of Mon- Homeland Security and Governmental Af- eign Service; to be immediately fol- tana, and the United States, S. 1298, to fairs lowed by a hearing to examine the provide for the conveyance of certain Oversight of Government Management, the nomination of Michael Anthony property located in Anchorage, Alaska, Federal Workforce, and the District of McFaul, of California, to be Ambas- from the United States to the Alaska Columbia Subcommittee sador to the Russian Federation, De- Native Tribal Health Consortium, S. To hold hearings to examine labor-man- partment of State. 1327, to amend the Act of March 1, 1933, agement forums in the Federal govern- S–116, Capitol to transfer certain authority and re- ment. 2:30 p.m. sources to the Utah Dineh Corporation, SD–342 Health, Education, Labor, and Pensions and S. 1345, to provide for equitable To hold hearings to examine the state of OCTOBER 12 chronic disease prevention. compensation to the Spokane Tribe of Indians of the Spokane Reservation for Time to be announced SD–430 the use of tribal land for the produc- Small Business and Entrepreneurship tion of hydropower by the Grand Cou- Business meeting to consider the nomi- OCTOBER 13 lee Dam. nation of Winslow Lorenzo Sargeant, of 10 a.m. SD–628 Wisconsin, to be Chief Counsel for Ad- Banking, Housing, and Urban Affairs vocacy, Small Business Administra- To hold hearings to examine addressing NOVEMBER 3 tion. potential threats from Iran, focusing Room to be announced on Administration perspectives on im- 9 a.m. 10 a.m. plementing new economic sanctions Homeland Security and Governmental Af- Homeland Security and Governmental Af- one year later. fairs fairs SD–538 Investigations Subcommittee To hold hearings to examine ten years 2 p.m. To hold hearings to examine speculation after 9/11, focusing on a status report Judiciary and compliance with the ‘‘Dodd-Frank on information sharing. To hold hearings to examine arbitration. Act’’. SD–342 SD–226 SD–342

VerDate Mar 15 2010 04:54 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\M05OC8.000 E05OCPT1 tjames on DSK6SPTVN1PROD with REMARKS Wednesday, October 5, 2011 Daily Digest Senate Chamber Action Messages from the House: Page S6184 Measures Read the First Time: Pages S6184, S6276 Routine Proceedings, pages S6145–S6276 Executive Communications: Pages S6184–85 Measures Introduced: Six bills and two resolutions were introduced, as follows: S. 1655–1660, and S. Additional Cosponsors: Pages S6185–87 Res. 286–287. Page S6185 Statements on Introduced Bills/Resolutions: Measures Passed: Pages S6187–S6226 Filipino American History Month: Senate agreed Additional Statements: Pages S6180–84 to S. Res. 287, designating October 2011 as ‘‘Fili- Amendments Submitted: Pages S6226–74 pino American History Month’’. Pages S6275–76 Notices of Intent: Pages S6274–75 Measures Considered: Notices of Hearings/Meetings: Page S6275 Currency Exchange Rate Oversight Reform Authorities for Committees to Meet: Page S6275 Act—Agreement: Senate continued consideration of S. 1619, to provide for identification of misaligned Privileges of the Floor: Page S6275 currency, require action to correct the misalignment, Adjournment: Senate convened at 10 a.m. and ad- taking action on the following amendments proposed journed at 8:09 p.m., until 9:30 a.m. on Thursday, thereto: Pages S6152–77 October 6, 2011. (For Senate’s program, see the re- Pending: marks of the Majority Leader in today’s Record on Reid Amendment No. 694, to change the enact- page S6276.) ment date. Page S6152 Reid Amendment No. 695 (to Amendment No. 694), of a perfecting nature. Page S6152 Committee Meetings Reid Motion to commit the bill to the Committee (Committees not listed did not meet) on Finance with instructions, Reid Amendment No. 696, to change the enactment date. Page S6152 FEDERAL BUDGET DEFICIT Reid Amendment No. 697 (to (the instructions) Committee on Banking, Housing, and Urban Affairs: Amendment No. 696) of the motion to commit), of Subcommittee on Economic Policy concluded a hear- a perfecting nature. Page S6152 ing to examine perspectives on the economic impli- Reid Amendment No. 698 (to Amendment No. cations of the Federal budget deficit, after receiving 697), of a perfecting nature. Page S6152 testimony from Maya MacGuineas, New America A unanimous-consent-time agreement was reached Foundation Committee for a Responsible Federal providing for further consideration of the bill at ap- Budget, and Douglas Holtz-Eakin, American Action proximately 9:30 a.m., on Thursday, October 6, Forum, both of Washington, D.C.; and Roger C. 2011, with the time until 10:30 a.m. equally di- Altman, Evercore Partners, New York, New York. vided and controlled between the two Leaders, or their designees. Page S6276 NOMINATIONS Nominations Received: Senate received the fol- Committee on Foreign Relations: Committee concluded lowing nominations: a hearing to examine the nominations of Susan Patty Shwartz, of New Jersey, to be United States Denise Page, of Illinois, to be Ambassador to the Circuit Judge for the Third Circuit. Republic of South Sudan, Adrienne S. O’Neal, of 1 Air Force nomination in the rank of general. Michigan, to be Ambassador to the Republic of Cape 4 Army nominations in the rank of general. Verde, Mary Beth Leonard, of Massachusetts, to be 2 Navy nominations in the rank of admiral. Ambassador to the Republic of Mali, and Mark Routine lists in the Army, and Navy. Page S6276 Francis Brzezinski, of Virginia, to be Ambassador to D1047

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Sweden, all of the Department of State, after the management contracts, focusing on if contractors are nominees testified and answered questions in their overcharging the government, after receiving testi- own behalf. mony from Phyllis K. Fong, Inspector General, Of- NOMINATION fice of Inspector General, Department of Agriculture; John F. Carroll, State of New York Assistant Attor- Committee on Homeland Security and Governmental Af- ney General, New York; and Charles Tiefer, Univer- fairs: Committee concluded a hearing to examine the sity of Baltimore School of Law, Baltimore, Mary- nomination of Ernest Mitchell, Jr., of California, to land. be Administrator of the United States Fire Adminis- tration, Federal Emergency Management Agency, THE ROLE OF JUDGES UNDER THE Department of Homeland Security, after the nomi- CONSTITUTION nee testified and answered questions in his own be- half. Committee on the Judiciary: Committee concluded a hearing to examine considering the role of judges FOOD SERVICE MANAGEMENT CONTRACTS under the Constitution of the United States, after re- Committee on Homeland Security and Governmental Af- ceiving testimony from Associate Justice Stephen fairs: Ad Hoc Subcommittee on Contracting Over- Breyer, and Associate Justice Antonin Scalia, both of sight concluded a hearing to examine food service The Supreme Court of the United States. h House of Representatives Speaker: Read a letter from the Speaker wherein he Chamber Action appointed Representative Hartzler to act as Speaker Public Bills and Resolutions Introduced: 20 pub- pro tempore for today. Page H6557 lic bills, H.R. 3094–3113; and 3 resolutions, H. Recess: The House recessed at 11:15 a.m. and re- Res. 422–424 were introduced. Pages H6623–25 convened at 12 noon. Page H6566 Additional Cosponsors: Pages H6625–27 Suspensions: The House agreed to suspend the rules Reports Filed: Reports were filed today as follows: and pass the following measure: H.R. 2594, to prohibit operators of civil aircraft Returning unused or reclaimed funds made of the United States from participating in the Euro- available for broadband awards in the American pean Union’s emissions trading scheme, and for Recovery and Reinvestment Act of 2009: H.R. other purposes (H. Rept. 112–232 Pt. 1); 1343, amended, to return unused or reclaimed funds H.R. 1025, to amend title 38, United States made available for broadband awards in the Amer- Code, to recognize the service in the reserve compo- ican Recovery and Reinvestment Act of 2009 to the nents of certain persons by honoring them with sta- Treasury of the United States. Pages H6570–73 tus as veterans under law (H. Rept. 112–233); Cement Sector Regulatory Relief Act of 2011: H.R. 1263, to amend the Servicemembers Civil The House began consideration of H.R. 2681, to Relief Act to provide surviving spouses with certain provide additional time for the Administrator of the protections relating to mortgages and mortgage fore- Environmental Protection Agency to issue achievable closures, with amendments (H. Rept. 112–234); standards for cement manufacturing facilities. H.R. 2074, to amend title 38, United States Pages H6573–H6617 Code, to require a comprehensive policy on reporting Pursuant to the rule, the amendment in the na- and tracking sexual assault incidents and other safety ture of a substitute recommended by the Committee incidents that occur at medical facilities of the De- on Energy and Commerce now printed in the bill partment of Veterans Affairs, with amendments (H. shall be considered as an original bill for the purpose Rept. 112–235); and of amendment under the five-minute rule. H.R. 2302, to amend title 38, United States Page H6581 Code, to direct the Secretary of Veterans Affairs to Rejected: notify Congress of conferences sponsored by the De- Waxman amendment (No. 11 printed in the Con- partment of Veterans Affairs, with amendments (H. gressional Record of October 4, 2011) that sought to Rept. 112–236). Page H6623 add a section to instruct the EPA Administrator not

VerDate Mar 15 2010 04:55 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D05OC1.REC D05OCPT1 tjames on DSK6SPTVN1PROD with DIGEST October 5, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D1049 to delay actions to reduce emissions from any cement the regulation’’ and insert ‘‘not later than 3 years kiln if such emissions are harming brain develop- after the regulation is promulgated as final’’ (by a re- ment or causing learning disabilities in infants or corded vote of 162 ayes to 262 noes, Roll No. 754); children (by a recorded vote of 166 ayes to 246 noes, Pages H6598–99, H6609–10 Roll No. 747); Pages H6581–87, H6605 Quigley amendment (No. 8 printed in the Con- Rush amendment (No. 7 printed in the Congres- gressional Record of October 4, 2011) that sought to sional Record of October 4, 2011) that sought to add a section relating to Protection from Avoidable add a subsection stating that section 5 is intended Cases of Cancer (by a recorded vote of 175 ayes to to supplement the provisions of, and shall not be 248 noes, Roll No. 755); Pages H6599–H6600, H6610–11 construed to supersede any requirement, limitation, Connolly amendment (No. 18 printed in the Con- or other provision of, sections 112 and 129 of the gressional Record of October 4, 2011) that sought to Clean Air Act (by a recorded vote of 162 ayes to add a section relating to Protection from Respiratory 251 noes, Roll No. 748); Pages H6587–89, H6605–06 and Cardiovascular Illness and Death (by a recorded Capps amendment (No. 17 printed in the Con- vote of 176 ayes to 248 noes, Roll No. 756); gressional Record of October 4, 2011) that sought to Pages H6600–01, H6611 add a section to include findings for health costs and Welch amendment (No. 20 printed in the Con- benefits for the rules specified in section 3(b) (by a gressional Record of October 4, 2011) that sought to recorded vote of 158 ayes to 254 noes, Roll No. add a section that finds that the American people are 749); Pages H6589–92, H6606–07 exposed to mercury from industrial sources addressed Schakowsky amendment (No. 1 printed in the by the rules listed in section 2(b) of this Act Congressional Record of October 4, 2011) that through the consumption of fish containing mercury sought to add a section that finds that mercury re- and every State in the Nation has issued at least one leased into the ambient air from cement kilns ad- mercury advisory for fish consumption (by a recorded dressed by the rules listed in section 2(b) of this Act vote of 174 ayes to 249 noes, Roll No. 757); is a potent neurotoxin (by a recorded vote of 175 Pages H6601–02, H6611–12 ayes to 248 noes, Roll No. 750); Moore amendment (No. 2 printed in the Congres- Pages H6592–95, H6607 sional Record of October 4, 2011) that sought to Waxman amendment (No. 9 printed in the Con- state that the Act shall not take effect until the gressional Record of October 4, 2011) that sought to President certifies that implementation will not ad- require the Director of the Office of Management versely affect public health in the United States and and Budget to make a determination regarding will not have a disproportionately negative impact whether this Act authorizes the appropriation of on subpopulations that are most at risk from haz- funds to implement this Act (by a recorded vote of ardous air pollutants (by a recorded vote of 167 ayes 167 ayes to 254 noes, Roll No. 751); to 256 noes, Roll No. 758); and Pages H6595–96, H6607–08 Pages H6602–04, H6612–13 Waxman amendment (No. 16 printed in the Con- Ellison amendment (No. 14 printed in the Con- gressional Record of October 4, 2011) that sought to gressional Record of October 4, 2011) that sought to add a section that finds that if the rules specified in require that not later than 60 days after the enact- section 3(b) remain in effect, they are expected to re- ment of the Act, the Administrator shall publish a duce the amount of mercury that deposits to land notice in the Federal Register estimating the public and water (by a recorded vote of 169 ayes to 254 health impact of delaying regulation for the Portland noes, Roll No. 752); Pages H6596, H6608–09 cement manufacturing industry and Portland cement Pallone amendment (No. 21 printed in the Con- plants (by a recorded vote of 170 ayes to 252 noes, gressional Record of October 4, 2011) that sought to Roll No. 759). Pages H6604–05, H6613 add a section that finds that Federal departments Proceedings Postponed: should support efforts to achieve the objectives for Cohen amendment (No. 23 printed in the Con- improving the health of all Americans through re- gressional Record of October 4, 2011) that seeks to duced exposure to mercury that are established in insert a subparagraph relating to potential reductions Healthy People 2020 and to add a section relating in the number of illness-related absences from work to the reduction of blood-mercury concentrations (by due to respiratory or other illnesses; Pages H6613–14 a recorded vote of 166 ayes to 254 noes, Roll No. Keating amendment (No. 5 printed in the Con- 753); Pages H6596–98, H6609 gressional Record of October 4, 2011) that seeks to Jackson Lee amendment (No. 4 printed in the insert a paragraph relating to a date for compliance Congressional Record of October 4, 2011) that with standards and requirements under such regula- sought to strike in the Compliance Dates section tion in accordance with section 112(i)(3) of the ‘‘not earlier than 5 years after the effective date of Clean Air Act; and Pages H6614–15

VerDate Mar 15 2010 04:55 Oct 06, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D05OC1.REC D05OCPT1 tjames on DSK6SPTVN1PROD with DIGEST D1050 CONGRESSIONAL RECORD — DAILY DIGEST October 5, 2011 Edwards amendment (No. 3 printed in the Con- MISCELLANEOUS MEASURES gressional Record of October 4, 2011) that seeks to Committee on Financial Services: Subcommittee on Cap- add a section that finds that if the rules specified in ital Markets held a markup of the following: H.R. section 3(b) remain in effect, they will yield annual 1965, to amend the securities laws to establish cer- public health benefits of $6,700,000,000 to tain thresholds for shareholder registration, and for $18,000,000,000, while the costs of such rules are other purposes; H.R. 2167, the ‘‘Private Company $926,000,000 to $950,000,000. Pages H6615–17 Flexibility and Growth Act’’; H.R. 2930, the ‘‘En- H. Res. 419, the rule providing for consideration trepreneur Access to Capital Act’’; H.R. 2940, the of the bills (H.R. 2681) and (H.R. 2250) was agreed ‘‘Access to Capital for Job Creators Act’’; and legisla- to yesterday, October 4th. tion regarding the ‘‘Small Company Job Growth and Meeting Hour: Agreed that when the House ad- Regulatory Relief Act of 2011.’’ The following were journs today, it adjourn to meet at 9 a.m. tomorrow, forwarded, as amended: H.R. 1965; H.R. 2167; October 6th. Page H6617 H.R. 2930; H.R. 2940; and the legislation regard- Senate Message: Message received from the Senate ing the ‘‘Small Company Job Growth and Regu- today appears on page H6566. latory Relief Act of 2011.’’ Quorum Calls—Votes: Thirteen recorded votes de- MISCELLANEOUS MEASURES veloped during the proceedings of today and appear Committee on Foreign Affairs: Full Committee held a on pages H6605, H6606, H6606–07, H6607, markup of the following: H.R. 2830, to authorize H6608, H6608–09, H6609, H6610, H6610–11, appropriations for fiscal years 2012 and 2013 for the H6611, H6612, H6612–13, H6613. There were no Trafficking Victims Protection Act of 2000, and for quorum calls. other purposes; and H.R. 2059, to prohibit funding Adjournment: The House met at 10 a.m. and ad- to the United Nations Population Fund; and legisla- journed at 8:32 p.m. tion to authorize appropriations for fiscal years 2012 and 2013 for the Trafficking Victims Protection Act of 2000, and for other purposes. H.R. 2830 was or- Committee Meetings dered reported, as amended. H.R. 2059 was ordered reported without amendment. WORKPLACE SAFETY INTELLIGENCE SHARING AND TERRORIST Committee on Education and the Workforce: Sub- TRAVEL committee on Workforce Protections held a hearing Committee on Homeland Security: Subcommittee on entitled ‘‘Workplace Safety: Ensuring a Responsible Counterterrorism and Intelligence held a hearing en- Regulatory Environment.’’ Testimony was heard titled ‘‘Intelligence Sharing and Terrorist Travel: from David Michaels, Assistant Secretary, Occupa- How DHS Addresses the Mission of Providing Secu- tional Safety and Health Administration, Depart- rity, Facilitating Commerce and Protecting Privacy ment of Labor; and public witnesses. for Passengers Engaged in International Travel.’’ Tes- timony was heard from Mary Ellen Callahan, Chief CHILDREN’S PRIVACY IN AN ELECTRONIC Privacy Officer, Department of Homeland Security, WORLD Thomas Bush, Executive Director of Automation and Committee on Energy and Commerce: Subcommittee on Targeting, Office of Intelligence and Investigative Commerce, Manufacturing, and Trade held a hearing Liaison, Customs and Border Protection; and David entitled ‘‘Protecting Children’s Privacy in an Elec- Heyman, Assistant Secretary for Policy, Department tronic World.’’ Testimony was heard from Mary of Homeland Security. Koelbel Engle, Associate Director, Division of Ad- INTERNATIONAL NUCLEAR AND vertising Practices, Federal Trade Commission; and MARITIME TERRORISM AGREEMENTS public witnesses. Committee on the Judiciary: Subcommittee on Crime, Terrorism, and Homeland Security held a hearing LINE-BY-LINE BUDGET REVIEW entitled ‘‘The Implementation of Certain Inter- Committee on Energy and Commerce: Subcommittee on national Nuclear and Maritime Terrorism Agree- Oversight and Investigations, hearing entitled ‘‘Ad- ments.’’ Testimony was heard from Thomas M. ministration Efforts on Line-by-Line Budget Re- Countryman, Assistant Secretary, Bureau of Inter- view.’’ Testimony was heard from Clinton T. Brass, national Security and Nonproliferation, Department Analyst in Government Organization and Manage- of State; and Brad Wiegmann, Principal Deputy As- ment, Congressional Research Service; and public sistant Attorney General for National Security, De- witnesses. partment of Justice.

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California, and for other purposes; H.R. 2752, the ‘‘BLM Live Internet Auctions Act’’; H.R. 2803, to FOREIGN GRADUATES OF U.S. direct the Secretary of the Interior, acting through UNIVERSITIES the Bureau of Ocean Energy Management, Regula- Committee on the Judiciary: Subcommittee on Immi- tion and Enforcement, to conduct a technological ca- gration Policy and Enforcement held a hearing enti- pability assessment, survey, and economic feasibility tled ‘‘STEM the Tide: Should America Try to Pre- study regarding recovery of minerals, other than oil vent an Exodus of Foreign Graduates of U.S. Univer- and natural gas, from the shallow and deep seabed sities with Advanced Science Degrees?’’ Testimony of the United States; H.R. 2842, the ‘‘Bureau of was heard from public witnesses. Reclamation Small Conduit Hydropower Develop- ment and Rural Jobs Act of 2011’’; H.R. 2915, the MISCELLANEOUS MEASURES ‘‘American Taxpayer and Western Area Power Ad- Committee on Natural Resources: Full Committee held ministration Customer Protection Act of 2011’’; and a markup of the following: H.R. 306, the ‘‘Corolla H.R. 3069, the ‘‘Endangered Salmon and Fisheries Wild Horses Protection Act’’; H.R. 443, to provide Predation Prevention Act’’. for the conveyance of certain property from the The following were ordered reported without United States to the Maniilaq Association located in amendment: H.R. 588; H.R. 1461; H.R. 1466; Kotzebue, Alaska; H.R. 588, to redesignate the H.R. 1556; H.R. 2351; H.R. 2352; H.R. 2360; Noxubee National Wildlife Refuge as the Sam D. H.R. 2578; H.R. 2842; H.R. 2915; and H.R. 3069. Hamilton Noxubee National Wildlife Refuge; H.R. The following were ordered reported, as amended: 850, to facilitate a proposed project in the Lower St. H.R. 306; H.R. 443; H.R. 850; H.R. 991; H.R. Croix Wild and Scenic River, and for other purposes; 1162; H.R. 1505; H.R. 1740; H.R. 2060; H.R. H.R. 991, to amend the Marine Mammal Protection 2752; and H.R. 2803. Act of 1972 to allow importation of polar bear tro- IMPACT OF DOL/NLRB DECISIONS AND phies taken in sport hunts in Canada before the date PROPOSED RULES ON SMALL BUSINESSES the polar bear was determined to be a threatened species under the Endangered Species Act of 1973; Committee on Small Business: Full Committee held a H.R. 1162, to provide the Quileute Indian Tribe hearing entitled ‘‘Adding to Uncertainty: The Im- Tsunami and Flood Protection, and for other pur- pact of DOL/NLRB Decisions and Proposed Rules poses; H.R. 1461, the ‘‘Mescalero Apache Tribe on Small Businesses.’’ Testimony was heard from Leasing Authorization Act’’; H.R. 1466, to resolve public witnesses. the status of certain persons legally residing in the FAA’S NEXTGEN PROGRAM Commonwealth of the Northern Mariana Islands Committee on Transportation and Infrastructure: Sub- under the immigration laws of the United States; committee on Aviation held a hearing entitled ‘‘A H.R. 1505, the ‘‘National Security and Federal Comprehensive Review of FAA’s NextGen Program: Lands Protection Act’’; H.R. 1556, to amend the Costs, Benefits, Progress, and Management.’’ Testi- Omnibus Indian Advancement Act to allow certain mony was heard from Michael P. Huerta, Deputy land to be used to generate income to provide fund- Administrator, Federal Aviation Administration; Cal- ing for academic programs, and for other purposes; vin L. Scovel, III, Inspector General, Department of H.R. 1740, to amend the Wild and Scenic Rivers Transportation; Gerald L. Dillingham, Director, Act to designate a segment of Illabot Creek in Physical Infrastructure Division, Government Ac- Skagit County, Washington, as a component of the countability Office; and public witnesses. National Wild and Scenic Rivers System; H.R. 2060, the ‘‘Central Oregon Jobs and Water Security PARTNERSHIP BETWEEN THE UNITED Act’’; H.R. 2351, the ‘‘North Cascades National STATES PARALYMPICS AND THE Park Service Complex Fish Stocking Act’’; H.R. DEPARTMENT OF VETERANS AFFAIRS 2352, to authorize the Secretary of the Interior to Committee on Veterans’ Affairs: Subcommittee on Eco- adjust the boundary of the Stephen Mather Wilder- nomic Opportunity held a hearing entitled ‘‘Review- ness and the North Cascades National Park in order ing the Progress of the Partnership between the to allow the rebuilding of a road outside of the United States Paralympics and the Department of

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Committee on Foreign Relations: Subcommittee on West- MISCELLANEOUS MEASURES ern Hemisphere, Peace Corps and Global Narcotics Af- Committee on Ways and Means: Full Committee held fairs, to hold hearings to examine the Peace Corps, focus- a markup of the following: H.R. 3078, the ‘‘United ing on the next fifty years, 10:30 a.m., SD–419. States-Colombia Trade Promotion Agreement Imple- Committee on Indian Affairs: to hold an oversight hear- mentation Act’’; H.R. 3079, the ‘‘United States-Pan- ing to examine internet infrastructure in native commu- nities, focusing on equal access to e-commerce, jobs and ama Trade Promotion Agreement Implementation the global marketplace, 2:15 p.m., SD–628. Act’’; and H.R. 3080, the ‘‘United States-Korea Free Committee on the Judiciary: business meeting to consider Trade Agreement Implementation Act’’. The fol- S. 1301, to authorize appropriations for fiscal years 2012 lowing were ordered reported, as amended: H.R. to 2015 for the Trafficking Victims Protection Act of 3078; H.R. 3079; and H.R. 3080. 2000, to enhance measures to combat trafficking in per- son, H.R. 368, to amend title 28, United States Code, Joint Meetings to clarify and improve certain provisions relating to the No joint committee meetings were held. removal of litigation against Federal officers or agencies to Federal courts, S. 1636, to amend title 28, United f States Code, to clarify the jurisdiction of the Federal NEW PUBLIC LAWS courts, H.R. 394, to amend title 28, United States Code, to clarify the jurisdiction of the Federal courts, S. 1637, (For last listing of Public Laws, see DAILY DIGEST, p. D1032) to clarify appeal time limits in civil actions to which H.R. 2608, to provide for an additional temporary United States officers or employees are parties, H.R. extension of programs under the Small Business Act 2633, to amend title 28, United States Code, to clarify and the Small Business Investment Act of 1958. the time limits for appeals in civil cases to which United Signed on October 5, 2011. (Public Law 112–36) States officers or employees are parties, S. 1014, to pro- vide for additional Federal district judgeships, and the f nominations of Evan Jonathan Wallach, of New York, to COMMITTEE MEETINGS FOR THURSDAY, be United States Circuit Judge for the Federal Circuit, OCTOBER 6, 2011 Dana L. Christensen, to be United States District Judge for the District of Montana, Cathy Ann Bencivengo, to (Committee meetings are open unless otherwise indicated) be United States District Judge for the Southern District Senate of California, Gina Marie Groh, to be United States Dis- trict Judge for the Northern District of West Virginia, Committee on Banking, Housing, and Urban Affairs: busi- Margo Kitsy Brodie, to be United States District Judge ness meeting to consider the nominations of Richard for the Eastern District of New York, Adalberto Jose Jor- Cordray, of Ohio, to be Director, Bureau of Consumer Fi- dan, of Florida, to be United States Circuit Judge for the nancial Protection, Alan B. Krueger, of New Jersey, to be Eleventh Circuit, John M. Gerrard, to be United States a Member of the Council of Economic Advisers, Execu- District Judge for the District of Nebraska, Mary Eliza- tive Office of the President, David A. Montoya, of Texas, beth Phillips, to be United States District Judge for the to be Inspector General, Department of Housing and Western District of Missouri, Thomas Owen Rice, to be Urban Development, Cyrus Amir-Mokri, of New York, to be Assistant Secretary of the Treasury, and Patricia M. United States District Judge for the Eastern District of Loui, of Hawaii, and Larry W. Walther, of Arkansas, Washington, David Nuffer, to be United States District both to be a Member of the Board of Directors of the Judge for the District of Utah, and Steven R. Frank, to Export-Import Bank of the United States; to be imme- be United States Marshal for the Western District of diately followed by a hearing to examine the Financial Pennsylvania, Martin J. Pane, to be United States Mar- Stability Oversight Council annual report to Congress, 10 shal for the Middle District of Pennsylvania, and David a.m., SD–538. Blake Webb, to be United States Marshal for the Eastern Committee on Commerce, Science, and Transportation: busi- District of Pennsylvania, all of the Department of Justice, ness meeting to consider the nomination of John Edgar 10 a.m., SD–226. Bryson, of California, to be Secretary of Commerce, and Select Committee on Intelligence: to hold closed hearings to promotion lists in the U.S. Coast Guard and the National examine certain intelligence matters, 2:30 p.m., SH–219. Oceanic and Atmospheric Administration Commissioned Corps, Time to be announced, Room to be announced. House Committee on Environment and Public Works: Sub- Committee on Armed Services, Panel on Defense Financial committee on Children’s Health and Environmental Re- Management and Auditability Reform, hearing entitled sponsibility, to hold an oversight hearing to examine Fed- ‘‘Is the Financial Management Workforce Positioned to

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Achieve DOD’s Financial Improvement Goals?’’ 8 a.m., and the National Archives, hearing entitled ‘‘Obamacare’s 2212 Rayburn. Employer Penalty and its Impact on Temporary Work- Committee on Energy and Commerce, Subcommittee on En- ers.’’ 9:30 a.m., 2154 Rayburn. vironment and the Economy, hearing entitled ‘‘Chemical Subcommittee on Technology, Information Policy, and Risk Assessment: What Works for Jobs and the Econ- Intergovernmental Relations and Procurement Reform, omy?’’ 9 a.m., 2123 Rayburn. hearing entitled ‘‘Protecting Taxpayer Dollars: Are Fed- Committee on Financial Services, Full Committee, hearing eral Agencies Making Full Use of Suspension and Debar- entitled ‘‘The Annual Report of the Financial Stability ment Sanctions?’’ 9:30 a.m., 2247 Rayburn. Oversight Council.’’ 2 p.m., 2128 Rayburn. Committee on Small Business, Subcommittee on Con- Subcommittee on Insurance, Housing and Community tracting and Workforce, hearing entitled ‘‘Subpar Subcon- Opportunity, hearing entitled ‘‘The Obama Administra- tracting: Challenges for Small Businesses Contractors.’’ 10 tion’s Response to the Housing Crisis.’’ 9:30 a.m., 2128 a.m., 2360 Rayburn. Rayburn. Committee on Veterans’ Affairs, Subcommittee on Health, Committee on Homeland Security, Subcommittee on Cy- bersecurity, Infrastructure Protection and Security Tech- hearing entitled ‘‘The Federal Recovery Coordination Pro- nologies, hearing entitled ‘‘Cloud Computing: What are gram: Assessing Progress Toward Improvement.’’ 8:30 the Security Implications?’’ 10 a.m., 311 Cannon. a.m., 340 Cannon. Committee on the Judiciary, Full Committee, markup of Subcommittee on Disability Assistance and Memorial the following: H.R. 313, the ‘‘Drug Trafficking Safe Har- Affairs, hearing entitled ‘‘Arlington National Cemetery: bor Elimination Act of 2011’’; H.R. 1254, the ‘‘Synthetic An Update on Reform and Progress.’’ 10:30 a.m., 334 Drug Control Act of 2011’’; H.R. 2471, to amend sec- Cannon. tion 2710 of title 18, United States Code, to clarify that Committee on Ways and Means, Subcommittee on a video tape service provider may obtain a consumer’s in- Human Resources, hearing reviewing unemployment ben- formed, written consent on an ongoing basis and that efit proposals in the President’s latest jobs plan and as- consent may be obtained through the Internet; and H.R. sessing whether they will help the long-term unemployed 2870, the ‘‘Adam Walsh Reauthorization Act of 2011’’. return to work, 9 a.m., B–318 Rayburn. 10:30 a.m., 2141 Rayburn. House Permanent Select Committee on Intelligence, Full Committee on Oversight and Government Reform, Sub- Committee, hearing entitled ‘‘Domestic Threat Intel- committee on Health Care, District of Columbia, Census ligence.’’ 10 a.m., HVC 210.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, October 6 9 a.m., Thursday, October 6

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Complete consideration of H.R. ation of S. 1619, Currency Exchange Rate Oversight 2681—Cement Sector Regulatory Relief Act of 2011. Reform Act, with a 10 a.m. filing deadline for second- degree amendments, and vote on the motion to invoke cloture on the bill at 10:30 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Goodlatte, Bob, Va., E1779 Pallone, Frank, Jr., N.J., E1772, E1774, E1780 Harris, Andy, Md., E1772 Pingree, Chellie, Me., E1768 Austria, Steve, Ohio, E1770, E1771, E1773, E1775, E1776, Hastings, Alcee L., Fla., E1774 Poe, Ted, Tex., E1777 E1780 Hayworth, Nan A.S., N.Y., E1777 Rangel, Charles B., N.Y., E1780, E1781, E1783 Baca, Joe, Calif., E1769 Hinchey, Maurice D., N.Y., E1769 Sanchez, Loretta, Calif., E1774 Broun, Paul C., Ga., E1771 Israel, Steve, N.Y., E1776 Sarbanes, John P., Md., E1772 Brown, Corrine, Fla., E1773 Johnson, Eddie Bernice, Tex., E1771, E1780 Schock, Aaron, Ill., E1781 Christensen, Donna M., The Virgin Islands, E1775 Jordan, Jim, Ohio, E1770 Chu, Judy, Calif., E1776 Lamborn, Doug, Colo., E1767 Sensenbrenner, F. James, Jr., Wisc., E1773 Coffman, Mike, Colo., E1775 Lewis, John, Ga., E1776 Thompson, Bennie G., Miss., E1771 Conyers, John, Jr., Mich., E1774, E1776, E1782 Long, Billy, Mo., E1775 Towns, Edolphus, N.Y., E1768 DeLauro, Rosa L., Conn., E1778 McCollum, Betty, Minn., E1782 Turner, Michael R., Ohio, E1769 Farenthold, Blake, Tex., E1768 Marchant, Kenny, Tex., E1771 Van Hollen, Chris, Md., E1770, E1771 Fitzpatrick, Michael G., Pa., E1781 Marino, Tom, Pa., E1769, E1770, E1772, E1775, E1779 Vela´ zquez, Nydia M., N.Y., E1779 Fudge, Marcia L., Ohio, E1767 Norton, Eleanor Holmes, D.C., E1777 Young, Don, Alaska, E1767

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