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

Vol. 157 WASHINGTON, TUESDAY, MARCH 15, 2011 No. 39 Senate The Senate met at 10 a.m. and was appoint the Honorable JEANNE SHAHEEN, a As to New Hampshire, I do not know called to order by the Honorable Senator from the State of New Hampshire, which ones happen there, but there are JEANNE SHAHEEN, a Senator from the to perform the duties of the Chair. a number of things in every State. In State of New Hampshire. DANIEL K. INOUYE, the State of Nevada, wonderful things President pro tempore. have occurred. One of the things a PRAYER Mrs. SHAHEEN thereupon assumed smart man decided is that we should the chair as Acting President pro tem- not have 9/11-type incidents where peo- The Chaplain, Dr. Barry C. Black, of- pore. fered the following prayer: ple are trapped and cannot get out of Let us pray. f high stories. He has an apparatus that Eternal God, keep us always thankful RECOGNITION OF THE MAJORITY goes up and brings people down. For an for Your mercy and grace. May we LEADER initial grant of some $150,000, he was never take for granted Your generous The ACTING PRESIDENT pro tem- able to do that. gifts to us and begin and end each day pore. The majority leader is recog- We have another—a battery that is with words of petition, intercession, nized. now being used by the military—for $180,000. It does all these great things and thanksgiving. f Continue to bless our lawmakers. improving batteries in vehicles. Give them the wisdom to keep our Na- SCHEDULE This did not occur in Nevada, but one tion on the sure foundation of Your Mr. REID. Madam President, fol- of the amazing things is the electric righteousness. May our Senators be lowing any leader remarks, the Senate toothbrush came about as a result of bastions of moral and spiritual power will proceed to morning business until one of these small grants. for the coming of Your kingdom of jus- 11 a.m. Senators will be permitted to Every State in America has benefited tice and peace. Lord, give them the speak for up to 10 minutes each during from these grants. The program has higher vision to work with integrity that time. The majority will control worked well for almost 30 years, and we and to be content with the judgment of the first half, the Republicans will con- are reauthorizing it. That is what we history and the knowledge of Your ap- trol the final half. are doing so these programs can con- proval. Following morning business, the Sen- tinue. We pray in Your holy Name. Amen. ate will proceed to the consideration of We hope people will offer amend- the reauthorization of the Small Busi- ments to improve this legislation and f ness Innovation Act, S. 493. The Senate not detract from it. We would like to PLEDGE OF ALLEGIANCE will recess from 12:30 p.m. until 2:15 complete this legislation this week. We know we have the CR coming over The Honorable JEANNE SHAHEEN led p.m. for the weekly caucus meetings. probably tonight sometime. We will the Pledge of Allegiance, as follows: At 2:15 p.m., Senator COATS will be rec- ognized to deliver his maiden speech. have to deal with that. The next work I pledge allegiance to the Flag of the period is going to be filled with a lot of United States of America, and to the Repub- He will be recognized for up to 30 min- lic for which it stands, one nation under God, utes. Rollcall votes in relation to business. We are going to soon have to indivisible, with liberty and justice for all. amendments to the small business jobs reauthorize the PATRIOT Act. We have many things to do, but the things we f bill are possible during today’s session. f have done so far this year are job cre- APPOINTMENT OF ACTING ating. Not only the small business leg- PRESIDENT PRO TEMPORE SBIR/STTR islation I just talked about, but the Mr. REID. Madam President, this bill The PRESIDING OFFICER. The patent bill, the first revision of that in is another jobs bill. It is a very impor- clerk will please read a communication some 60 years, that is 300,000 jobs. We tant bill. I did a press event yesterday to the Senate from the President pro did FAA reauthorization; that is 280,000 with the chairman of the committee, jobs. tempore (Mr. INOUYE). Senator LANDRIEU The legislative clerk read the fol- . It was a good meet- I hope the House will complete these lowing letter: ing. We talked about some of the measures—we are waiting for them; the things that are happening in our States President is waiting for these mat- U.S. SENATE, regarding small business under this ters—rather than doing what they are PRESIDENT PRO TEMPORE, Washington, DC, March 15, 2011. program that was developed during doing, which is not job creating. To the Senate: President Reagan’s administration. There is a piece in the Washington Under the provisions of rule I, paragraph 3, Some remarkably good things happen Post today about how the Republicans of the Standing Rules of the Senate, I hereby in every State. are being so shortsighted. For every

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

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I hope from 2 weeks to 3 weeks of funding, search Laboratory, Northwestern Uni- they will get off the government bash- postponements are made in decisions versity Medical Care Center—I meet ing program they have been on and which have an impact on the future of some of the best and brightest young focus on job creation. our country. people I have ever seen in my life. They We all know we need to reduce our This morning, I wish to address, as are from all over the world, and they debt. We are engaged in that, but in a well, something that goes beyond the come here because this is the place to way that is smart, not a way that is, as obvious—stockpiling vaccine—and do research and to make the break- indicated in that Washington Post arti- looks to some of the other aspects of through findings that will change cle, penny-wise and very pound-foolish. the House Republican budget bill and America and change the world. Thank Will the Chair now announce morn- what it will mean to America if it is God for their intelligence and their ing business. adopted. This is a bill which they idealism. But they look at me and say: proudly boast will cut $100 billion in Senator, am I going to have a job 6 f spending. Most people across America, weeks from now? If I am not, tell me RESERVATION OF LEADER TIME sensitive to our deficit crisis, say we now. I have to make a plan with my The ACTING PRESIDENT pro tem- should start by cutting spending. That life. pore. Under the previous order, the is a reasonable request by voters in Maybe they will leave research and leadership time is reserved. New Hampshire and Illinois. But there go into work for a private company and comes a moment when we have to use make more money. Maybe they will go f our best judgment about where cuts back home to another country where MORNING BUSINESS should be made and where cuts, when they will be welcomed in their research made, would cost us dearly for a long capacity. So the generation of sci- The ACTING PRESIDENT pro tem- time to come. entists affected by this decision are as pore. Under the previous order, the Senator INOUYE, in his bill, tried to important as the breakthroughs that Senate will be in a period for the trans- balance $51 billion in cuts below the might be found in the research itself. action of morning business until 11 President’s original budget request in a The National Science Foundation a.m., with Senators permitted to speak way that would not hurt our invest- will continue to provide $8 million of therein for up to 10 minutes each, with ment in America’s future and economic innovation research to Illinois small the time equally divided and controlled growth. businesses under the Inouye bill, but between the two leaders or their des- American innovation has always the funding level difference between ignees, with the majority controlling fueled economic sustainability and job the House and the Senate and what the first half and the Republicans con- creation. Senator INOUYE’s bill lays out they want to cut and what we want to trolling the final half. a wise path toward providing more jobs cut is dramatic. Mr. REID. Madam President, I sug- and less debt—two things we des- Let me give an example: We are gest the absence of a quorum. perately need to do. Under his alter- working on a new supercomputer at The ACTING PRESIDENT pro tem- native spending bill, which I supported, the University of Illinois, Urbana- pore. The clerk will call the roll. the budget for the National Institutes Champaign. It is called Blue Waters. The legislative clerk proceeded to of Health—which is the premier agency When it is completed, it will be the call the roll. for medical research in America—is fastest computer in the world. Most Mr. DURBIN. Mr. President, I ask frozen at $31 billion, the same amount Americans, when asked where is the unanimous consent that the order for it received last year. This means the fastest computer in the world today, the quorum call be rescinded. funds required to perform cutting edge would probably say America; we are The ACTING PRESIDENT pro tem- breakthrough medical research and the leaders. No, it is in China. But we pore. Without objection, it is so or- new clinical trials for much-needed are trying to devise and invent the dered. cures and treatments will be available. next computer. f It also means that nearly 12,000 jobs Now, what difference does that across the State of Illinois in hospitals, make? We know fast computers make THE BUDGET universities, and medical centers will quick decisions and help us find ways Mr. DURBIN. Madam President, last continue to be supported under the to solve problems we never even imag- week, Senator INOUYE of Hawaii, the Inouye budget. ined. We are about to sacrifice many of chairman of the Senate Appropriations Under the House Republican budget, the economic gains we can realize if we Committee, proposed a bill to fund the the National Institutes of Health is cut go through with the House Republican government through the end of this fis- by $1.6 billion. That is a cut that is se- budget. cal year. It is hard to believe we are al- vere by any measure. It would cause The budget for the Department of most halfway through this year and new construction projects to be halted Energy’s Office of Science was also ex- still haven’t resolved the basic issue of when it comes to medical research lab- amined and cut by $388 million to $4.7 our budget. Our failure to resolve it, oratories and put 351,000 U.S. jobs in billion for the year. Now, that is a $200 lurching from 2 weeks to 3 weeks of danger of being lost. We can’t afford million cut. It is difficult because the funding, may serve some political pur- these shortsighted cuts when our Na- Office of Science supports seven of our pose, but it doesn’t serve the purpose of tion is struggling but is determined National Laboratories. University re- good government because many people that we will come out of this stronger search centers and private companies who have to make critical decisions than we went in. use their facilities to create new drugs, that involve more than a momentary That said, we know that freezing biofuels, and solutions to our country’s glimpse or glance at our fiscal situa- budgets is not going to be enough. toughest problems. Research done by tion are held back. Thoughtful and difficult cuts will have Abbot Laboratories at the Advanced I met a man last night whose busi- to be made. The Senate appropriations Photon Source at the Argonne Na- ness is to supply the United States bills provide $6.8 billion for the Na- tional Laboratory is crucial to the de- with vaccine for anthrax, tuberculosis, tional Science Foundation. This is a velopment of an AIDS drug—Kaletra— and similar things. We have an inad- cut of $573 million from the President’s which is now the world’s most pre- equate stockpile of vaccine. The gov- budget, but it is still $284 million more scribed drug for fighting AIDS and the ernment has said to him: We want you than was provided in the bill passed by HIV virus. Cutting back on the funds to produce more vaccine, but we are the House. Under the Democratic Sen- for Argonne National Laboratory, dis- only funded for 2 more weeks. ate alternative, we can continue to missing one-third of their scientists

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The question may be asked: Does it colleagues in the Senate to come up There are reports of for-profit col- work? Here is living proof—Kaletra, with a better approach than the House leges aggressively targeting military the most widely prescribed drug for Republican budget, and I certainly be- servicemembers and veterans with ex- fighting AIDS, developed at the Ar- lieve we can and should. pensive ad campaigns and hundreds of gonne National Laboratory. f recruiters. One prominent for-profit The House Republicans say: Slow college has 452 recruiters focusing on WESTWOOD COLLEGE AND THE GI down, stop, we will get back to you recruiting veterans out of the military. BILL later. Can we say that in a world that Another employs 300. Why do they demands innovation and research and Mr. DURBIN. Madam President, I want these students? Because when that is looking for solutions to prob- have come to the Senate floor a num- they bring the students in under the GI lems? If we cut $1.1 billion from this ber of times over the past year to bill, they get compensated at higher account, as the House Republican speak about my concerns about the levels by the Federal Government. We budget suggests, facilities at the Na- rapid growth of for-profit colleges. I be- have a limit that says that none of tional Laboratories in my State and lieve some for-profit colleges are qual- these for-profit schools can take more across the country will shut down and ity institutions, but I also believe than 90 percent of their revenue out of workers will be laid off. That is a sim- many are taking advantage of Federal the Federal Treasury. That is money ple reality. taxpayer dollars and doing more harm that comes in through Pell grants and I am not coming to the floor and en- than good for unsuspecting students. In Federal college loans. When it comes gaging in scare tactics. This is what no area is this issue more important to the GI bill, we raised the 90 percent. the Directors of the National Labora- than when it comes to our veterans. So these schools that argue: We are tories have told me. If these centers A few years ago, I proudly joined just in the private sector, just little and Laboratories are closed, private Senator JAMES WEBB of Virginia, who businesses, get more than 90 percent of said to me when he came to the Senate companies—Eli Lily, Texas Instru- their revenue from the Federal Govern- 5 years ago: I want to pass a new GI ments, GE Research, and 3M—have a ment. They are the most heavily sub- bill. It is my No. 1 priority. And he did choice. If our Laboratories are closed, sidized private businesses in America. it. Thank goodness, he did. This is a they will find labs overseas, outside the It is time for us to ask, Are the tax- man—a veteran of the Vietnam conflict United States. Does that help our econ- payers getting their money’s worth? who served in the U.S. Marines and omy? Does that create jobs in Amer- Are the veterans getting their money’s later as Secretary of the Navy—who worth? ica—to cut research? knows what he is talking about when it It is troublesome when these schools The House Republican budget cuts comes to veterans. He helped put to- spend so much money on recruiting this research and innovation and wel- gether the modern GI bill, and I am students instead of educating them. I comes these companies to leave and go proud to have voted for it, as many of am concerned. The current system al- overseas to create jobs. Could we pos- us did. lows for-profit colleges to earn millions sibly be envisioning that at a moment When we passed that bill, we pro- of dollars from taxpayer-funded pro- when we have so much unemployment vided veterans with improved benefits grams while providing a low-quality and we are facing a recession in this to go to college. Veterans can receive education to students. We need to put country? up to $17,000 a year to cover the cost of the brakes on for-profit colleges that Japan, China, and Europe are ready tuition, fees, housing, and supplies at are targeting veterans to reap profits to receive these research projects. the college of their choice. Veterans from taxpayers’ dollars. They are building facilities in the can also access private schools through Last week, the Department of Vet- hopes that these companies will decide the Yellow Ribbon Program, which al- erans Affairs announced that it and the they are more reliable than the United lows the VA to pay a portion of private Texas Veterans Commission had dis- States. That is what the House Repub- school tuition under agreements with qualified three Texas campuses of lican budget threatens. Whether it is in these schools. Westwood College. They could no medical research, energy research, or A lot of students are using the GI bill longer receive GI bill benefits. finding new drugs, unless we make a to attend for-profit colleges which are Westwood College is a for-profit college commitment that people can count on, far more expensive than their public based out of Colorado, with 17 locations that research is going overseas and counterparts and even more expensive in 6 States—several in Illinois. jobs will flow with that research to than many private not-for-profit uni- When I drive to O’Hare, I am on the other countries and not to America. versities. There is a rapid growth in Kennedy Expressway, and I look up and We need to cut the budget and reduce veteran enrollment in these for-profit there is this office building and a big, our deficit, no doubt about it. Let’s not schools. For-profit schools cost an av- huge sign, ‘‘Westwood College.’’ Wow, do so in a way that costs America jobs erage of $14,000 a year compared to the campus of Westwood College. and cuts off American innovation at $2,500 a year at public 2-year colleges I know one of the students who went the knees. The spending bill before the and $7,000 at public 4-year universities. to Westwood College. This is a young House of Representatives is going to In the first year of the post-9/11 GI lady who decided she needed to im- cripple our economy at a time when it bill implementation, the Veterans’ Ad- prove her life after high school and is just starting to recover. Economists ministration spent $697 million on stu- wanted to get into law enforcement. tell us the House Republican budget dents attending public schools and $640 She enrolled at Westwood College to will cost us more than 700,000 jobs. million on students attending for-prof- get a bachelor’s degree in law enforce- That is not the way to move America it schools—almost the same. But we ment. Five years later, they handed forward. educated far more students for our her a diploma at Westwood College. We can find a way to eliminate tax money in public schools—203,000 stu- She went to the Chicago police depart- loopholes and benefits, improve the dents at public schools compared to ment, and they said: We don’t recog- way we spend money, and thought- 76,000 at for-profit schools, which nize that college; that is not a real col- fully—thoughtfully—decrease our charge two or three times as much for lege. All of the law enforcement in the spending. These are elements of a sus- tuition and obviously educate one-half region said to her: Westwood is not a tainable plan for reaching the budget to one-third of what the public schools real college; this is not a real diploma. balance we are seeking and, equally educated. She learned that to her disappoint- important, the economic growth we The top five for-profit recipients of ment, and she also learned to her dis- need. We cannot balance the budget of the post-9/11 dollars received over $320 appointment that she had incurred

VerDate Mar 15 2010 01:17 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.002 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1616 CONGRESSIONAL RECORD — SENATE March 15, 2011 $90,000 in college student loans for this recommendation from an admissions The Accrediting Commission of Ca- worthless Westwood College diploma. representative. But in reality there reer Schools and Colleges placed Now the Veterans’ Administration was no standard for enrollment. Westwood’s Denver North campus on has disqualified three Westwood Col- Joshua testified: probation in September. The lege campuses in Texas for their re- A student only needed a high school di- accreditor’s notice states that cruiting tactics when it comes to our ploma or GED and $100 for the application Westwood ‘‘has not demonstrated com- veterans—a lesson learned and a word fee. This fake interview would allow the rep- pliance with the Commission’s require- of warning. This action against resentative to ask students questions to un- ments relative to student achievement Westwood was in response to findings cover a student’s motivators and pain outcomes’’ and that it ‘‘is gravely con- points—their hopes, fears, and insecurities— of erroneous, deceptive, misleading ad- all of which would later be used to pressure cerned about the recruiting activities vertising and enrollment practices at a student to enroll. of the system of Westwood affiliated the Houston South, Dallas, and Fort And I have heard from a number of institutions.’’ Worth campuses. former students of Westwood College in Many students who enroll at The Department of Veterans Affairs my State. They tell me of being lied to Westwood aren’t sticking around long began its investigation after the GAO by recruiters and being buried under a enough to graduate. report on recruiting practices at for- mountain of debt for a degree that they The Senate HELP Committee made profit colleges. They sent undercover are afraid will be worthless. official information requests of 30 for- applicants to 15 of these for-profit col- Westwood College is accredited by a profit companies, including the com- leges. They found that all 15 made de- national accrediting agency. Because pany that owns Westwood. ceptive or otherwise questionable Westwood lacks regional accreditation, According to that information, 2,500 statements to potential applicants, in- some employers such as the Illinois students were enrolled as associate’s cluding Westwood. Investigators found State Police will not consider grad- degree students in 2008–2009. By Sep- admissions representatives at uates for employment. tember 2010, 57.6 percent of those stu- Westwood misstating the cost of pro- It also means that credits from dents had withdrawn from the school. grams, failing to disclose graduation Westwood College will not be accepted One of the Westwood campuses in Il- rates, and even suggesting that appli- by most traditional public and non- linois has a graduation rate of just 32 cants falsify Federal financial aid profit colleges. percent. forms. Westwood admits this on its Web The evidence suggests that Westwood When asked about the cost of the site, which states: program by the undercover investi- may be more focused on enrolling stu- Credits earned at Westwood College are dents than supporting their academic gator, the recruiter replied: typically not transferable to other colleges success. I am glad to see the VA take It depends on the program. Usually a bach- or universities. action to address this issue. elor’s program, coming in with no college How do they explain this to prospec- credits, this could be—it could range from tive students on the Web site? Congress gave the VA additional $50,000 to $75,000. Most schools, more tradi- tools to do so at the end of our last ses- As a career-focused college, we offer a tional schools, you’re looking at about hands-on approach to learning that’s dif- sion with the Post-9/11 GI Bill Improve- $100,000 to $150,000 to $200,000. ferent—though, we believe, no less valu- ments Act of 2010. That isn’t true. To obtain the same able—than approaches students may experi- The VA will soon have greater flexi- degree from a public university in ence at other colleges and universities. bility to act on its own to disapprove Texas would cost the student $36,000. But the real story is that traditional courses at schools that abuse student- Another financial aid counselor told colleges do not view credits earned at veterans. a student with $250,000 in the bank that Westwood as equivalent to their We also gave the State approving he should not report that money on his courses. agencies, which work hand-in-hand Federal financial aid forms, counter to Jason Longmore is a Navy veteran with the VA to monitor course quality, Department of Education require- from Colorado who spent 6 months at authority to disapprove courses pro- ments. Westwood College. His story was re- vided at schools that fail to follow the The Westwood representative said, cently highlighted in a New York rules, regardless of the State in which ‘‘Frankly, in my opinion, they don’t Times article. About his experience, the school is located. need to know how much cash you Jason says ‘‘I felt like I made a hor- These are important changes to VA’s have.’’ rible, horrible decision.’’ After 6 oversight authority at a time when dis- In December, the Texas Workforce months, he left and had to repeat class- tance learning takes on greater signifi- Commission fined Westwood College es elsewhere because his Westwood cance and for-profit schools are re- $41,000 and put its Texas campuses on credits wouldn’t transfer. cruiting nationwide from call centers probation for the high-pressure recruit- I have heard similar stories from my in various locations. ing practices that GAO discovered. And constituents. Bret, from Rockford, at- I am glad that the VA has taken ac- Westwood’s online operation was put tended Westwood for a year and a half. tion to identify colleges like Westwood out of business in Texas for operating He told me that his education was very using abusive practices and end their without a certificate of approval. Wis- low in quality and that his credits participation in the VA education ben- consin has also banned Westwood from weren’t accepted at any traditional efits program. But we have to do more enrolling its students online. schools. He says, ‘‘I now have a moun- for our veterans and all our students. These are not the only problems that tain of debt and literally a degree that have arisen at Westwood College. means absolutely nothing.’’ I don’t think Westwood will be the Former recruiters have spoken out When I met with a former Westwood only college facing scrutiny under the about the high-pressure sales tactics College student named Michelle in Chi- G.I. bill program. I met with Secretary they were encouraged to use at cago, she told me that Westwood re- Shinseki this week and asked him to Westwood. Recruiters talk about how peatedly promised that regional ac- take more aggressive steps to identify they were given a script and told to creditation was right around the cor- colleges misusing the G.I. bill program. make prospective students ‘‘feel their ner. Veterans deserve to know that they pain.’’ That never happened. Westwood Col- have real support at their school and Joshua Pruyn testified before the lege was pursuing accreditation from that their education will be meaningful Senate HELP Committee as an admis- the Higher Learning Commission, a re- when they are considering college or sions officer for Westwood College. He gional accrediting agency. The Higher enrolled in college. testified about how he was taught that Learning Commission declined to ac- I will continue to work with my col- enrolling a student was a psychological credit Westwood and its application leagues, including Chairman HARKIN game. was withdrawn last November. and Senator WEBB, to address this im- Recruiters told students that they And at least one Westwood campus is portant issue. could only be accepted into Westwood in trouble with its national accreditor The ACTING PRESIDENT pro tem- by interviewing with and securing a as well. pore. The Senator from Missouri.

VerDate Mar 15 2010 01:17 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.002 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1617 HEALTH CARE AND JOB CREATION will not happen this year. But the view that actually has greater potential to that Americans have of this law is not change that relationship than the gov- Mr. BLUNT. Madam President, next likely to change either. I certainly do ernment having more control of your Wednesday marks the first anniversary not believe government has the author- health care. What more controlling ele- of the day President Obama signed the ity in the Constitution to penalize peo- ment could the government look to bill into law that, in my opinion and in ple for not buying a commercially than your health care and your fam- the opinion of most Americans, is the available product. ily’s health care to make sure that you greatest involvement in our Nation’s Sometimes people say that the never got on the wrong side of that health care system in history. States require that under their con- government? It does change that rela- What we see, as that law is discussed, stitution, to buy auto insurance if you tionship. as it is challenged in court, is a bill drive a car. No. 1, that is a State deci- It also creates real uncertainty in that was signed into law that was full sion, and No. 2, they do not require you what should be the No. 1 goal in Amer- of problems when it was signed into to drive a car. You don’t have to have ica today: private sector job creation. law. It was a bill full of constitutional that particular product if you do not If a year ago the President would have questions, and, in fact, while some make that decision. This gives you no signed bills into law that encouraged courts have said it may be constitu- options but to pay a penalty or to do private sector job creation or created tional, others have said it is not. what the government says you have to more certainty about our health care It was a bill where the courts say the do. costs, about our utility bills, about our Federal Government cannot make you During the debate surrounding this taxes, about regulation, rather than buy a commercially available product, bill and immediately following the en- signing this bill into law, I believe we then the same people who were saying actment of the bill, the American peo- would be much further down the road a year ago that this requirement is not ple began to tell us that this was not toward seeing private sector jobs, jobs a tax are saying: Maybe it is a tax. the approach they wanted. In Missouri, that create taxpayers that help govern- Maybe the Constitution allows us to where I am from, the first place that ment provide the services only govern- define that particular purpose as a tax had an issue on the ballot where voters ment can provide. We would be much on the American people. could speak about whether they want- further down that road. But a year ago, they were saying: ed to be part of this new concept of The very clear message I and others This is not a tax at all. This is defi- more government control of health heard all over the country in the last nitely not a tax. There is no way this care, 71 percent of them said they did year was, we do not want to create could ever be interpreted as a tax. not want to be part of it. That was in these jobs with all of these issues out But when courts say you cannot do a primary election. Hundreds of thou- there not yet really decided and if they this the way this bill does it, suddenly sands of people voted and 71 percent of are decided, likely to be decided in a they try to reinvent what the law was them said: We do not want to go in this way that makes that job-creating deci- designed to do. direction. sion less of a good situation than it One of the reasons this bill has so Missouri is a State that generally is would have been otherwise. many of these problems is there was a pretty reflective of the country in our Cap and trade, in the middle of the rush to get a bill into law, a bill with elections, in our economy, in how our country, in Missouri, the sixth most more government control of health population comes together. Madam dependent State on coal for its utili- care into law, a bill that could not President, 71 percent of them said: ties—the estimate was that it would have passed the Senate the day the Let’s not do this; let’s do something double the utility bills in a dozen years. What is the job-creation mes- President signed it into law. A bill that besides this. They had a sense that this sage there? was full of concerns, a bill that the was a misguided plan that put govern- Senate voted on never believing that it We are exactly where we were 2 years ment between them and their doctors, ago on the tax question because just a actually would become law but would that had as one of its major tenets that create a vehicle to become law, became few months ago the President signed a the government would describe a cer- bill that extended current tax policies the only option the House leaders tain regimen of care that would have thought was available to them, and but only for 2 years. So we are no fur- to be followed for doctors and hospitals ther down the road on that question they passed it. They passed it without to be reimbursed. Missourians by and the kind of process that would have than we were 2 years ago today. large believe this significantly The President calls for regulations produced a law that could stand a con- changes—some would say implodes— that make sense. I join him in that. stitutional challenge, produced a law our current health care system. But we see none of that coming from to which Americans would be more re- To make it worse, this law cuts Medi- the regulating authorities right now. sponsive. care by $500 billion, not to save Medi- The clear message people had was, they While I believe the law was mis- care or improve Medicare, but it cuts would like the government to create guided in its concept, more impor- Medicare by $500 billion so we could more certainty in the areas the govern- tantly, it was put together in what I start another health care program. ment controls so they can decide think will be seen as the worst possible This makes so little sense as we look whether they want to take the certain way—a rush to judgment, to get a law at Medicare—one of our major chal- risk you always have when you create on the books. Now the people who lenges as the demographics of the pop- a job. voted for the law are saying things ulation change. Medicare is one of the I was in northwest Missouri not too like: There may be a better way than areas where we know that in a handful long after this bill was signed into law an individual requirement that every- of years, Medicare will face a genera- 1 year ago and very well remember a body buy a specified, defined insurance tion of great challenge. We look for conversation I had with someone whose policy. Not all the people are saying savings in Medicare not to save Medi- business was going well. In fact, he that but some are. They are saying: care but to start a new program. That said: I have 47 employees. You will re- Maybe we ought to look for that better would be totally unacceptable any- member the bill creates a threshold of way. The time to look for that better where except Washington, DC. It 50, that you have different kinds of ob- way was before the bill was signed into makes as little sense to people as the ligations and regulations once you get law, not after it was signed into law. idea that we could come up with a new to 50—over 50 employees—than you had Even the White House is saying: Cer- $1 trillion program over a handful of before that. He said: I have 47 employ- tainly let’s work together to change years and say that is going to save ees. I need to hire six more people right this. This is headed in fundamentally money. Nobody believes that. now. But I have looked at this health so much the wrong direction, changing When you look at the greater concept care law, my accountants have looked it would not be the best option. of what this law will do, if it is ever at this health care law, and we are not Already in the Senate we have voted implemented, to change the relation- going to get 1 employee closer to 50 not to vote on a repeal of this law that ship of people and their government, I than we are right now. would allow us to replace it with better can’t think of anything, besides the So there are six jobs that did not get things. Unless those votes change, that government taking over the economy, created. His view of what to do about

VerDate Mar 15 2010 01:17 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.003 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1618 CONGRESSIONAL RECORD — SENATE March 15, 2011 his current situation was, I am going Risk pools. Nobody wants people not am on the way to get a health care pro- to pay overtime until I can figure out to be able to get insurance because of cedure, I would like to know, before I what I am doing that is not making preexisting conditions. But they are leave to do that, what do people charge much money or, in fact, maybe even not moving in the direction this bill and what are their results. Most trips losing a little money, and I am going would allow them to move. In fact, the for health care are not to the emer- to quit doing that. I am going to be people who have signed up for the con- gency room, they are planned trips for sure we get back to where we are truly cept the bill put out there of how to health care. Once you are in the car, if a 47-employee business again, instead open risk pools, I think, is about 6 per- it means driving another 20 minutes or of what should be a 53-employee busi- cent of the anticipated number. When 1 hour and 20 minutes to get to the ness. the target is 6 percent of what you place that does a better job for less Many employers I talked to said: We thought the law would encourage peo- money, I think most Americans would are not going to hire full-time employ- ple to do, obviously there is something do that. ees. We think we can get our job done wrong with the way that is put to- We know this. These factors are gen- with more part-time employees who do gether. It is only 94 percent short of erally known. I remember a study just not force us into the environment the estimate of people who would rally 1 year or so ago that was checking to under this law, where the government to risk pools that allowed for access if see the survival rates for inhospital comes in and says: You have to pay a you have a preexisting condition. heart attacks based on the response penalty or you have to offer an un- There are better ways to expand these time. That information is all available. known insurance policy that will be risk pools that are better than telling At this point, it is available anony- created by some group created by the people: No, you will get insurance the mously. But if it is available anony- Congress that says what everybody’s same way everybody else gets it, for mously, it would also be available spe- insurance policy has to look like. the same thing they pay for it, any- cifically. ‘‘One size fits all’’ almost never fits time you need it, which is what the bill More transparency in the system. anybody, and it will not fit anybody in says. You will have to pay a penalty, in How do you go to the place to get the this insurance plan that this bill an- the interim, that is much less than it best results or, if the results are the ticipates and mandates. What you need would have cost you to have insurance. same, how do you go to the place that is more competition, more choice, real, People will figure that out and pretty gets the best results for the better sustainable understanding that the quickly. cost? When employers are telling us marketplace works. On the job cre- On what may have been that same they are not hiring because of the un- ation front, private sector job creation visit with the employer in Rockport, certainty created by this law, when will not occur until we do the things MO, I was talking to a hospital in that courts are ruling the law is unconstitu- we need to do that create more cer- area right after this bill passed. They tional or even when courts disagree on tainty in the job-creating marketplace: said: I guess, if this bill goes into law, this topic—when some courts think it letting families keep more of what we will put the insurance application is unconstitutional and some think it they earn, economic incentives for forms in the ambulance. That way you is—when voters are overwhelmingly re- small business, government that does can get your insurance on the way to jecting it every opportunity they have not constantly talk about how it can the hospital. Because, after all, under had at the polling place to vote on it, raise all the costs that you have as the the bill, you would pay 100 percent of something is wrong with the direction underlying costs of the business you what everybody else was paying. So we are headed. create. why would you want to pay 100 percent Americans deserve a plan where the While I would be voting—if we would until the day you knew you needed it? people are still in the driver’s seat, have a chance to repeal this bill—I This is a badly thought-out concept. where the people are bigger than the would also be working hard to replace Expanding risk pools in other ways and government, where the people are mak- it with better solutions. Maybe the helping fund and encourage those risk ing decisions for themselves and their only good thing about this health care pools would have been the better way families about lots of things but par- bill is, it requires us to either go down to do that. ticularly about health care. a road most Americans now think is Being sure families still make family I am working and will keep working the wrong direction or to truly tackle decisions about health care instead of to repeal this bill and replace it with these big questions involving health being told: No, there is only one option policies that make more sense, policies care, things such as small business your health care plan that is defined by that move us toward more competi- health care plans—at one time they the government will pay for; encour- tion, more transparency, and better were called association health care aging coverage available in other health care. The anniversary of this plans—where you could find some big- States, buying this product across signing next week would be better ger group to affiliate with if you are an State lines. There is no reason not to spent if we were all here next week try- individual or a business and get your have a health care marketplace. It does ing to come up with policies that make insurance that way rather than trying not just have to be buying the product health care sense, that make economic to get it as an individual. in the half dozen States that touch sense, that meet the constitutional Medical liability reform is a concept Missouri, the six or seven States that standard, and still keep people in I have sponsored legislation on and touch Missouri. There is no reason it charge of these important life-sus- others have, over and over again, to see cannot be bought in a marketplace taining, health-sustaining decisions. it pass the House of Representatives that is the national marketplace. Com- I yield the floor and suggest the ab- and not get voted on seven times in the petition produces better choices, and it sence of a quorum. Senate. The medical liability bill last also produces more choices so you can The ACTING PRESIDENT pro tem- year, the estimate was it would save look at the health care plan that is pore. The clerk will call the roll. $56 billion for health care under cur- right for your family or you as an indi- The legislative clerk proceeded to rent government programs and at least vidual, rather than the health care call the roll. that much more in health care costs plan some newly created board and Mr. HOEVEN. Madam President, I for Americans who pay for their own agency said had to be the health care ask unanimous consent that the order health care or have their own private plan for everyone to meet the new Fed- for the quorum call be rescinded. insurance. That is over $100 billion in eral Government standards. The ACTING PRESIDENT pro tem- savings at a time when we need to be Tax equity. If you buy a health care pore. Without objection, it is so or- looking for every $100 billion in savings plan on your own, you should do that dered. we can find. Unfortunately, in our cur- with pretax dollars, just like the big- Mr. HOEVEN. Madam President, I rent situation, it takes several of those gest corporations in America buy ask unanimous consent to speak as in $100 billion in savings—16 of them, in health care for their employees with morning business for 10 minutes. fact—to just get the budget back in pretax dollars. The ACTING PRESIDENT pro tem- balance. We cannot afford to not do More transparency of how health pore. Without objection, it is so or- things that would save $100 billion. care works. I would like to know, if I dered.

VerDate Mar 15 2010 01:17 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.004 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1619 ENERGY PRODUCTION trillion to the American economy and tive, unconventional technologies and Mr. HOEVEN. Madam President, I nearly 2 million jobs for the American with good environmental stewardship. would like to speak this morning on an people. When we combine disruptions To release the oil, companies in issue that I believe is of great impor- in foreign sources of production and a North Dakota use hydraulic fracturing tance to our economy and to our na- domestic market hobbled by bureauc- which involves pumping water under tional security. In recent weeks, we racy and delays, the result is higher pressure deep into the Earth to crack have seen political turmoil in Libya energy prices, a sluggish economy, and the shale and release the crude oil. The and Egypt and Tunisia and throughout fewer jobs. That is exactly what we see water is then recycled or deposited the Middle East and other North Afri- happening. That should be a cause of safely back into the ground 2 miles can nations. huge concern, but it should also be a down, well below, far below the water Only time will tell what the outcome huge call to action. There is a path out table. Companies also use directional of these historic events will be. What is of this for America, a path we in my drilling which enables drilling rigs to clear, however, is that there is, once home State of North Dakota success- drill one vertical bore and multiple again, disruption in the worlds’s petro- fully followed starting a decade ago by horizontal bores deep in the ground, leum supplies as a result of the turmoil building a comprehensive energy plan producing more oil with a smaller foot- in this region of the world, and Amer- called Empower North Dakota. print and, again, better environmental ican consumers and businesses are feel- Through Empower North Dakota, we stewardship. ing the brunt of it. worked to create a business climate As a result, this year North Dakota In the United States, we have seen that incentivized energy companies will produce more than 120 million bar- the price of gasoline and other petro- across all industry sectors, including rels of oil. That number is growing dra- leum products increase dramatically. the oil industry, to invest in our State. matically. This is sweet crude oil. The pain is particularly sharp at the We created the kind of legal, tax, and Since 2006, we have grown to become pump. regulatory certainty that attracted the fourth largest oil-producing State Over the last few weeks, retail gaso- capital, expertise, and jobs to North among all 50 States in the Union, pass- line prices have risen to more than Dakota. In fact, when we started 10 ing States such as Oklahoma and most $3.50 a gallon. They are expected to rise years ago, oil companies had either left recently Louisiana. Bear in mind that to more than $3.70 a gallon during the or they were leaving the oil-producing in North Dakota the measures we took peak summer driving season and, of region in our State, the Williston were not about government spending. course, they could go substantially Basin. Why was that? They were about creating an environ- higher. This is a reflection of what is First, they were getting better re- ment for private investment that gen- happening in the crude oil commodity turns elsewhere. Technology was lack- erated revenues for the State, broad- markets around the world. In fact, the ing to produce oil economically from ened the economic base, and actually Energy Information Administration’s new formations. Companies were going enabled us to reduce taxes. This isn’t a latest forecast of the average West to other places in the world where they Republican or a Democratic issue. It is Texas spot price for the remainder of could extract oil less expensively. Sec- an American issue, and it will take this year increased from $93 a barrel to ond, data on confirmed reserves was both parties to fix it. That is why I am more than $100 a barrel. The EIA ex- lacking, and the technology to produce cosponsoring a bill with Senator ROB- pects continued tightening of world oil oil from shale wasn’t sufficiently de- ERTS that actually works with a direc- markets in the next 2 years in light of veloped. Third, the workforce was tive from President Obama. the events in North Africa and in the aging, and we lacked the training and The Regulatory Responsibility for Middle East. education for new workers. And fourth, Our Economy Act will give the force of For example, in Libya it is widely re- transport constraints limited produc- law to a Presidential Executive order ported that much of the country’s 1.6 tion. In other words, there were better issued in January. The order proposes million barrels a day of total produc- places for the industry to invest share- to review rules that may be outmoded, tion in 2010 has been largely shut down. holder dollars and earn a return. ineffective, or excessively burdensome, It is unclear how long this will last. To turn that around, we built a cli- and to modify, streamline, or repeal However, the reality is that the prob- mate for investment. We established an them. We are all committed to good lem is not a matter of current supply. oil and gas research fund paid for by environmental stewardship and effec- Prices are going up not because of lack the industry. We put tax incentives in tive consumer protections. But the of supply but because of concerns in place. We initiated studies of the President’s order acknowledges that the market about future supplies. Bakken formation at the heart of the Federal regulations are hindering the Therefore, to address this problem, we Williston Basin through the North Da- Nation’s economic growth and our abil- must increase domestic production. We kota Geological Survey. That was fol- ity to create jobs. The law we are pro- must produce more American energy, lowed by a U.S. Geological Survey posing, if passed, will make sure we and we can do it. study. I have requested another USGS take a clear-eyed look at our rules and Furthermore, taking steps now to study I believe will demonstrate that help to bring regulatory and legal cer- create a legal, tax, and regulatory en- we have billions more in recoverable tainty to the markets. vironment that will stimulate more do- oil reserves in our State. While we are working to produce mestic production will help take pres- We also improved infrastructure. We more oil in America, with the right ap- sure off prices even before that supply created a pipeline authority to expand proach, with the approach I am de- comes on line, as markets anticipate transportation capacity, and we estab- scribing, we can also enlist the help of more production. lished a center of excellence for petro- our friend and close ally to the north, Of course, the opposite scenario ex- leum safety and technology at Canada. To do that, for example, we ists today as markets anticipate less Williston State College to train work- need to complete some very ambitious supply from the Middle East and they ers in oilfield drilling and recovery projects that need permitting and ap- do not see the commitment domesti- methods. Before that we had to send proval. One example is the Keystone cally to offset that reduction in supply. workers to Wyoming or Oklahoma and XL pipeline. This $12 billion, high-tech We must change that perception by other places for training and edu- transcontinental petroleum pipeline is taking real action to encourage pro- cation. Now we do it in our State. designed to carry crude from the Cana- duction here at home. Stalled energy In response, our enhanced business dian oil sands in Alberta to the Gulf of projects and impediments to domestic environment drew investment capital, Mexico. As it passes through the Mid- oil production in our own country are technology, and ingenuity to Williston west, an onramp will receive mid- costing our Nation’s economy billions Basin which unlocked the potential of western sweet crude from States such of dollars and millions of jobs. North Dakota’s oil patch. We took full as North Dakota and Montana to mix A study released last week by the advantage of the Bakken and Three with the heavier Canadian crude and U.S. Chamber of Commerce says 351 en- Forks, which are deep shale formations send it to refineries that will turn it ergy projects, both renewable and tra- with billions of barrels of oil locked into gasoline and diesel fuel in Amer- ditional, are stalled, at a cost of $1.1 away in porous rock, by using innova- ica. With no overseas involvement, this

VerDate Mar 15 2010 01:17 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.004 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1620 CONGRESSIONAL RECORD — SENATE March 15, 2011 one promising project would help dou- CONCLUSION OF MORNING Sec. ø208¿207. Clarifying the definition of ble current flows of oil from Canada, BUSINESS ‘‘Phase III’’. ø ¿ which is already our No. 1 trading part- Sec. 209 208. Shortened period for final de- The ACTING PRESIDENT pro tem- cisions on proposals and appli- ner. pore. Morning business is closed. cations. One estimate projects that the f TITLE III—OVERSIGHT AND EVALUATION project will create—and these are num- SBIR/STTR REAUTHORIZATION ACT Sec. 301. Streamlining annual evaluation re- bers the company has put forward in quirements. advancing this project—at least 20,000 OF 2011 Sec. 302. Data collection from agencies for high-paying jobs during the construc- The ACTING PRESIDENT pro tem- SBIR. tion phase and more than 250,000 per- pore. Under the previous order, the Sec. 303. Data collection from agencies for manent jobs. It will spur more than STTR. Senate will proceed to the consider- Sec. 304. Public database. $100 billion in annual total expendi- ation of S. 493, which the clerk will re- Sec. 305. Government database. tures in the U.S. economy. It will gen- port. Sec. 306. Accuracy in funding base calcula- erate $6.5 billion in new personal in- The assistant legislative clerk read tions. come for U.S. workers and their fami- as follows: Sec. 307. Continued evaluation by the Na- tional Academy of Sciences. lies, and it will stimulate nearly $600 A bill (S. 493) to reauthorize and improve Sec. 308. Technology insertion reporting re- the SBIR and STTR programs, and for other million in revenue for State and local quirements. governments along its route. purposes. Sec. 309. Intellectual property protections. Federal approval is something that The Senate proceeded to consider the Sec. 310. Obtaining consent from SBIR and will cost our Nation not one penny. bill, which had been reported from the STTR applicants to release con- What it will do, however, is create as- Committee on Small Business and En- tact information to economic surances in markets that the energy trepreneurship, with amendments; as development organizations. Sec. 311. Pilot to allow funding for adminis- we need to power our Nation will be follows: trative, oversight, and contract there in the future, and it will be there (The parts of the bill intended to be processing costs. when we need it. That in turn will help stricken are shown in boldface brack- Sec. 312. GAO study with respect to venture to reduce our dependence on unstable ets and the parts of the bill intended to capital operating company in- overseas regimes, hold down the cost of be inserted are shown in italic.) volvement. Sec. 313. Reducing vulnerability of SBIR and gasoline at the pump, and create thou- Be it enacted by the Senate and House of Rep- STTR programs to fraud, waste, sands of good American jobs at a time resentatives of the United States of America in and abuse. Congress assembled, when unemployment is still hovering Sec. 314. Interagency policy committee. at about 9 percent. SECTION 1. SHORT TITLE. Sec. 315. Simplified paperwork requirements. Keystone XL is just one example. This Act may be cited as the ‘‘SBIR/STTR TITLE IV—POLICY DIRECTIVES Reauthorization Act of 2011’’. Across America there are hundreds of Sec. 401. Conforming amendments to the projects like it that could be advanced SEC. 2. TABLE OF CONTENTS. SBIR and the STTR Policy Di- The table of contents for this Act is as fol- rectives. with good environmental stewardship lows: and responsible oversight, if we resolve TITLE V—OTHER PROVISIONS Sec. 1. Short title. to do it and we create the climate to do Sec. 2. Table of contents. Sec. 501. Research topics and program diver- it. Sec. 3. Definitions. sification. Sec. 502. Report on SBIR and STTR program Today the United States, Canada, TITLE I—REAUTHORIZATION OF THE goals. and Mexico combined produce 75 per- SBIR AND STTR PROGRAMS Sec. 503. Competitive selection procedures cent of the total oil we need. We can do Sec. 101. Extension of termination dates. for SBIR and STTR programs. much more. Our Nation needs to send a Sec. 102. Status of the Office of Technology. SEC. 3. DEFINITIONS. signal to energy markets that the Sec. 103. SBIR allocation increase. In this Act— Sec. 104. STTR allocation increase. (1) the terms ‘‘Administration’’ and ‘‘Ad- United States is committed to a policy Sec. 105. SBIR and STTR award levels. of aggressive domestic energy develop- Sec. 106. Agency and program flexibility. ministrator’’ mean the Small Business Ad- ment by creating a strong business en- Sec. 107. Elimination of Phase II invita- ministration and the Administrator thereof, vironment and a pro-energy agenda, in- tions. respectively; Sec. 108. Participation by firms with sub- (2) the terms ‘‘extramural budget’’, ‘‘Fed- cluding the legal, tax, and regulatory eral agency’’, ‘‘Small Business Innovation certainty companies need in order to stantial investment from mul- tiple venture capital operating Research Program’’, ‘‘SBIR’’, ‘‘Small Busi- make the kinds of investments that companies in a portion of the ness Technology Transfer Program’’, and will truly lessen our dependence on for- SBIR program. ‘‘STTR’’ have the meanings given such terms eign oil. Sec. 109. SBIR and STTR special acquisition in section 9 of the Small Business Act (15 We are at a moment in history when preference. U.S.C. 638); and we can truly turn adversity into oppor- Sec. 110. Collaborating with Federal labora- (3) the term ‘‘small business concern’’ has tunity and potential into reality. I tories and research and devel- the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). urge Members to seize this opportunity opment centers. Sec. 111. Notice requirement. to make America stronger, safer, and TITLE I—REAUTHORIZATION OF THE SBIR Sec. 112. Express authority for an agency to AND STTR PROGRAMS more financially secure with a com- award sequential Phase II SEC. 101. EXTENSION OF TERMINATION DATES. prehensive approach to truly develop awards for SBIR or STTR fund- (a) SBIR.—Section 9(m) of the Small Busi- American energy right here at home, ed projects. ness Act (15 U.S.C. 638(m)) is amended— to meet our needs both now and for fu- TITLE II—OUTREACH AND (1) by striking ‘‘TERMINATION.—’’ and all ture generations. We can do it. We COMMERCIALIZATION INITIATIVES that follows through ‘‘the authorization’’ must do it, for the well-being of our Sec. 201. Rural and State outreach. and inserting ‘‘TERMINATION.—The author- country today and for future genera- øSec. 202. SBIR–STEM Workforce Develop- ization’’; tions. ment Grant Pilot Program.¿ (2) by striking ‘‘2008’’ and inserting ‘‘2019’’; ø ¿ I thank the Chair for this oppor- Sec. 203 202. Technical assistance for and awardees. (3) by striking paragraph (2). tunity, yield the floor, and suggest the Sec. ø204¿203. Commercialization Readiness (b) STTR.—Section 9(n)(1)(A) of the Small absence of a quorum. Program at Department of De- Business Act (15 U.S.C. 638(n)(1)(A)) is The ACTING PRESIDENT pro tem- fense. amended— pore. The clerk will call the roll. Sec. ø205¿204. Commercialization Readiness (1) by striking ‘‘IN GENERAL.—’’ and all The assistant legislative clerk pro- Pilot Program for civilian that follows through ‘‘with respect’’ and in- ceeded to call the roll. agencies. serting ‘‘IN GENERAL.—With respect’’; Ms. LANDRIEU. Madam President, I Sec. ø206¿205. Accelerating cures. (2) by striking ‘‘2009’’ and inserting ‘‘2019’’; Sec. ø207¿206. Federal agency engagement ask unanimous consent that the order and with SBIR and STTR awardees (3) by striking clause (ii). for the quorum call be rescinded. that have been awarded mul- SEC. 102. STATUS OF THE OFFICE OF TECH- The ACTING PRESIDENT pro tem- tiple Phase I awards but have NOLOGY. pore. Without objection, it is so or- not been awarded Phase II Section 9(b) of the Small Business Act (15 dered. awards. U.S.C. 638(b)) is amended—

VerDate Mar 15 2010 01:17 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.005 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1621 (1) in paragraph (7), by striking ‘‘and’’ at Federal agency that exceeds the amount re- SEC. 106. AGENCY AND PROGRAM FLEXIBILITY. the end; quired under paragraph (1).’’. Section 9 of the Small Business Act (15 (2) in paragraph (8), by striking the period SEC. 104. STTR ALLOCATION INCREASE. U.S.C. 638), as amended by this Act, is at the end and inserting ‘‘; and’’; Section 9(n)(1)(B) of the Small Business amended by adding at the end the following: (3) by redesignating paragraph (8) as para- Act (15 U.S.C. 638(n)(1)(B)) is amended— ‘‘(bb) SUBSEQUENT PHASE II AWARDS.— graph (9); and (1) in clause (i), by striking ‘‘and’’ at the ‘‘(1) AGENCY FLEXIBILITY.—A small business (4) by adding at the end the following: end; concern that received an award from a Fed- ‘‘(10) to maintain an Office of Technology (2) in clause (ii), by striking ‘‘thereafter.’’ eral agency under this section shall be eligi- to carry out the responsibilities of the Ad- and inserting ‘‘through fiscal year 2012;’’; ble to receive a subsequent Phase II award ministration under this section, which shall øand¿ from another Federal agency, if the head of be— (3) by adding at the end the following: each relevant Federal agency or the relevant ‘‘(A) headed by the Assistant Adminis- ‘‘(iii) 0.4 percent for fiscal years 2013 and component of the Federal agency makes a trator for Technology, who shall report di- 2014; written determination that the topics of the rectly to the Administrator; and ‘‘(iv) 0.5 percent for fiscal years 2015 and relevant awards are the same and both agen- ‘‘(B) independent from the Office of Gov- 2016; and cies report the awards to the Administrator ernment Contracting of the Administration ‘‘(v) 0.6 percent for fiscal year 2017 and for inclusion in the public database under and sufficiently staffed and funded to comply each fiscal year thereafter.’’ø.¿; and subsection (k). with the oversight, reporting, and public (4) by adding at the end the following: ‘‘(2) SBIR AND STTR PROGRAM FLEXI- database responsibilities assigned to the Of- ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this BILITY.—A small business concern that re- fice of Technology by the Administrator.’’. subsection may be construed to prohibit a Fed- ceived an award under this section under the SEC. 103. SBIR ALLOCATION INCREASE. eral agency from expending with small business SBIR program or the STTR program may re- Section 9(f) of the Small Business Act (15 concerns an amount of the extramural budget ceive a subsequent Phase II award in either U.S.C. 638(f)) is amended— for research or research and development of the the SBIR program or the STTR program and (1) in paragraph (1)— Federal agency that exceeds the amount re- the participating agency or agencies shall (A) in the matter preceding subparagraph quired under paragraph (1).’’. report the awards to the Administrator for (A), by striking ‘‘Each’’ and inserting ‘‘Ex- SEC. 105. SBIR AND STTR AWARD LEVELS. inclusion in the public database under sub- cept as provided in paragraph (2)(B), each’’; (a) SBIR ADJUSTMENTS.—Section 9(j)(2)(D) section (k). REVENTING DUPLICATIVE AWARDS.—Be- (B) in subparagraph (B), by striking ‘‘and’’ of the Small Business Act (15 U.S.C. ‘‘(3) P fore making an award under paragraph (1) or at the end; and 638(j)(2)(D)) is amended— (2), the head of a Federal agency shall verify (C) by striking subparagraph (C) and in- (1) by striking ‘‘$100,000’’ and inserting that the project to be performed with the serting the following: ‘‘$150,000’’; and award has not been funded under the SBIR ‘‘(C) not less than 2.5 percent of such budg- (2) by striking ‘‘$750,000’’ and inserting program or STTR program of another Fed- et in fiscal year 2013; ‘‘$1,000,000’’. (b) STTR ADJUSTMENTS.—Section eral agency.’’. ‘‘(D) not less than 2.6 percent of such budg- 9(p)(2)(B)(ix) of the Small Business Act (15 et in fiscal year 2014; SEC. 107. ELIMINATION OF PHASE II INVITA- U.S.C. 638(p)(2)(B)(ix)) is amended— TIONS. ‘‘(E) not less than 2.7 percent of such budg- (1) by striking ‘‘$100,000’’ and inserting (a) IN GENERAL.—Section 9(e) of the Small et in fiscal year 2015; ‘‘$150,000’’; and Business Act (15 U.S.C. 638(e)) is amended— ‘‘(F) not less than 2.8 percent of such budg- (2) by striking ‘‘$750,000’’ and inserting (1) in paragraph (4)(B), by striking ‘‘to fur- et in fiscal year 2016; ‘‘$1,000,000’’. ther’’ and inserting: ‘‘which shall not include ‘‘(G) not less than 2.9 percent of such budg- (c) ANNUAL ADJUSTMENTS.—Section 9 of the any invitation, pre-screening, pre-selection, et in fiscal year 2017; Small Business Act (15 U.S.C. 638) is amend- or down-selection process for eligibility for ‘‘(H) not less than 3.0 percent of such budg- ed— the second phase, that will further’’; and et in fiscal year 2018; (1) in subsection (j)(2)(D), by striking (2) in paragraph (6)(B), by striking ‘‘to fur- ‘‘(I) not less than 3.1 percent of such budget ‘‘once every 5 years to reflect economic ad- ther develop proposed ideas to’’ and inserting in fiscal year 2019; justments and programmatic consider- ‘‘which shall not include any invitation, pre- ‘‘(J) not less than 3.2 percent of such budg- ations’’ and inserting ‘‘every year for infla- screening, pre-selection, or down-selection et in fiscal year 2020; tion’’; and process for eligibility for the second phase, ‘‘(K) not less than 3.3 percent of such budg- (2) in subsection (p)(2)(B)(ix), as amended that will further develop proposals that’’. et in fiscal year 2021; by subsection (b) of this section, by inserting ‘‘(L) not less than 3.4 percent of such budg- SEC. 108. PARTICIPATION BY FIRMS WITH SUB- ‘‘(each of which the Administrator shall ad- STANTIAL INVESTMENT FROM MUL- et in fiscal year 2022; and just for inflation annually)’’ after TIPLE VENTURE CAPITAL OPER- ‘‘(M) not less than 3.5 percent of such budg- ‘‘$1,000,000,’’. ATING COMPANIES IN A PORTION OF et in fiscal year 2023 and each fiscal year (d) LIMITATION ON SIZE OF AWARDS.—Sec- THE SBIR PROGRAM. thereafter.’’; øand¿ tion 9 of the Small Business Act (15 U.S.C. (a) IN GENERAL.—Section 9 of the Small (2) in paragraph (2)— 638) is amended by adding at the end the fol- Business Act (15 U.S.C. 638), as amended by (A) by redesignating subparagraphs (A) and lowing: this Act, is amended by adding at the end (B) as clauses (i) and (ii), respectively, and ‘‘(aa) LIMITATION ON SIZE OF AWARDS.— the following: adjusting the margins accordingly; ‘‘(1) LIMITATION.—No Federal agency may ‘‘(cc) PARTICIPATION OF SMALL BUSINESS (B) by striking ‘‘A Federal agency’’ and in- issue an award under the SBIR program or CONCERNS MAJORITY-OWNED BY VENTURE CAP- serting the following: the STTR program if the size of the award ITAL OPERATING COMPANIES IN THE SBIR PRO- ‘‘(A) IN GENERAL.—A Federal agency’’; and exceeds the award guidelines established GRAM.— (C) by adding at the end the following: under this section by more than 50 percent. ‘‘(1) AUTHORITY.—Upon a written deter- ‘‘(B) DEPARTMENT OF DEFENSE AND DEPART- ‘‘(2) MAINTENANCE OF INFORMATION.—Par- mination described in paragraph (2) provided MENT OF ENERGY.—For the Department of De- ticipating agencies shall maintain informa- to the Administrator and to the Committee fense and the Department of Energy, to the tion on awards exceeding the guidelines es- on Small Business and Entrepreneurship of greatest extent practicable, the percentage tablished under this section, including— the Senate and the Committee on Small of the extramural budget in excess of 2.5 per- ‘‘(A) the amount of each award; Business of the House of Representatives not cent required to be expended with small busi- ‘‘(B) a justification for exceeding the later than 30 days before the date on which ness concerns under subparagraphs (D) award amount; an award is made— through (M) of paragraph (1)— ‘‘(C) the identity and location of each ‘‘(A) the Director of the National Insti- ‘‘(i) may not be used for new Phase I or award recipient; and tutes of Health, the Secretary of Energy, and Phase II awards; and ‘‘(D) whether an award recipient has re- the Director of the National Science Founda- ‘‘(ii) shall be used for activities that fur- ceived any venture capital investment and, tion may award not more than 25 percent of ther the readiness levels of technologies de- if so, whether the recipient is majority- the funds allocated for the SBIR program of veloped under Phase II awards, including owned by multiple venture capital operating the Federal agency to small business con- conducting testing and evaluation to pro- companies. cerns that are owned in majority part by mote the transition of such technologies into ‘‘(3) REPORTS.—The Administrator shall in- multiple venture capital operating compa- commercial or defense products, or systems clude the information described in paragraph nies through competitive, merit-based proce- furthering the mission needs of the Depart- (2) in the annual report of the Administrator dures that are open to all eligible small busi- ment of Defense or the Department of En- to Congress. ness concerns; and ergy, as the case may be.’’ø.¿; and ‘‘(4) RULE OF CONSTRUCTION.—Nothing in ‘‘(B) the head of a Federal agency other (3) by adding at the end the following: this subsection shall be construed to prevent than a Federal agency described in subpara- ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this a Federal agency from supplementing an graph (A) that participates in the SBIR pro- subsection may be construed to prohibit a Fed- award under the SBIR program or the STTR gram may award not more than 15 percent of eral agency from expending with small business program using funds of the Federal agency the funds allocated for the SBIR program of concerns an amount of the extramural budget that are not part of the SBIR program or the the Federal agency to small business con- for research or research and development of the STTR program of the Federal agency.’’. cerns that are owned in majority part by

VerDate Mar 15 2010 01:17 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.002 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1622 CONGRESSIONAL RECORD — SENATE March 15, 2011 multiple venture capital operating compa- whether the covered small business concern section 9(cc) of the Small Business Act, as nies through competitive, merit-based proce- meets the requirements for receiving an award added by this section, unless the Adminis- dures that are open to all eligible small busi- under the SBIR program for a small business trator determines— ness concerns. concern that is majority-owned by multiple ven- (i) in accordance with the size standards ‘‘(2) DETERMINATION.—A written deter- ture capital operating companies, if the covered established under subparagraph (B), that the mination described in this paragraph is a small business concern meets all other require- applicant is— written determination by the head of a Fed- ments for such an award; and (I) a large business or large entity; or eral agency that explains how the use of the ‘‘(ii) the head of the Federal agency shall (II) majority-owned or controlled by a authority under paragraph (1) will— transfer an amount equal to any amount large business or large entity; or ‘‘(A) induce additional venture capital awarded to a covered small business concern (ii) in accordance with the criteria estab- funding of small business innovations; under the solicitation to the funds for general lished under subparagraph (C), that the ap- ‘‘(B) substantially contribute to the mis- SBIR programs from the non-SBIR and non- plicant— sion of the Federal agency; STTR research and development funds of the (I) is a foreign business or a foreign entity ‘‘(C) demonstrate a need for public re- Federal agency, not later than 90 days after the or is not a citizen of the United States or search; and date on which the Federal agency makes the alien lawfully admitted for permanent resi- ‘‘(D) otherwise fulfill the capital needs of award. dence; or small business concerns for additional fi- ‘‘ø(6)¿(7) EVALUATION CRITERIA.—A Federal (II) is majority-owned or controlled by a nancing for the SBIR project. agency may not use investment of venture foreign business, foreign entity, or person ‘‘(3) REGISTRATION.—A small business con- capital as a criterion for the award of con- who is not a citizen of the United States or cern that is majority-owned by multiple ven- tracts under the SBIR program or STTR pro- alien lawfully admitted for permanent resi- ture capital operating companies and quali- gram. dence. fied for participation in the program author- (b) TECHNICAL AND CONFORMING AMEND- (B) SIZE STANDARDS.—Under the authority ized under paragraph (1) shall— MENT.—Section 3 of the Small Business Act to establish size standards under paragraphs ‘‘(A) register with the Administrator on (15 U.S.C. 632) is amended by adding at the (2) and (3) of section 3(a) of the Small Busi- the date that the small business concern sub- end the following: ness Act (15 U.S.C. 632(a)), the Administrator mits an application for an award under the ‘‘(aa) VENTURE CAPITAL OPERATING COM- shall, in accordance with paragraph (1) of SBIR program; and PANY.—In this Act, the term ‘venture capital this subsection, establish size standards for ‘‘(B) indicate in any SBIR proposal that operating company’ means an entity de- applicants seeking to participate in the the small business concern is registered scribed in clause (i), (v), or (vi) of section SBIR program solely under the authority under subparagraph (A) as majority-owned 121.103(b)(5) of title 13, Code of Federal Regu- under section 9(cc) of the Small Business by multiple venture capital operating com- lations (or any successor thereto).’’. Act, as added by this section. (c) RULEMAKING TO ENSURE THAT FIRMS panies. (C) CRITERIA FOR DETERMINING FOREIGN THAT ARE MAJORITY-OWNED BY MULTIPLE ‘‘(4) COMPLIANCE.— OWNERSHIP.—The Administrator shall estab- VENTURE CAPITAL OPERATING COMPANIES ARE ‘‘(A) IN GENERAL.—The head of a Federal lish criteria for determining whether an ap- ABLE TO PARTICIPATE IN A PORTION OF THE agency that makes an award under this sub- plicant meets the requirements under sub- SBIR PROGRAM.— section during a fiscal year shall collect and paragraph (A)(ii), and, in establishing the (1) STATEMENT OF CONGRESSIONAL INTENT.— criteria, shall consider whether the criteria submit to the Administrator data relating to It is the stated intent of Congress that the the number and dollar amount of Phase I should include— Administrator should promulgate regula- (i) whether the applicant is at least 51 per- awards, Phase II awards, and any other cat- tions to carry out the authority under sec- egory of awards by the Federal agency under cent owned or controlled by citizens of the tion 9(cc) of the Small Business Act, as United States or domestic venture capital the SBIR program during that fiscal year. added by this section, that— ‘‘(B) ANNUAL REPORTING.—The Adminis- operating companies; (A) permit small business concerns that (ii) whether the applicant is domiciled in trator shall include as part of each annual are majority-owned by multiple venture cap- report by the Administration under sub- the United States; and ital operating companies to participate in (iii) whether the applicant is a direct or in- section (b)(7) any data submitted under sub- the SBIR program in accordance with sec- paragraph (A) and a discussion of the compli- direct subsidiary of a foreign-owned firm, in- tion 9(cc) of the Small Business Act; cluding whether the criteria should include ance of each Federal agency that makes an (B) provide specific guidance for small award under this subsection during the fiscal that an applicant is a direct or indirect sub- business concerns that are majority-owned sidiary of a foreign-owned entity if— year with the maximum percentages under by multiple venture capital operating com- (I) any venture capital operating company paragraph (1). panies with regard to eligibility, participa- that owns more than 20 percent of the appli- ‘‘(5) ENFORCEMENT.—If a Federal agency tion, and affiliation rules; and cant is a direct or indirect subsidiary of a awards more than the percent of the funds (C) preserve and maintain the integrity of foreign-owned entity; or allocated for the SBIR program of the Fed- the SBIR program as a program for small (II) in the aggregate, entities that are di- eral agency authorized under paragraph (1) business concerns in the United States, pro- rect or indirect subsidiaries of foreign-owned for a purpose described in paragraph (1), the hibiting large businesses or large entities or entities own more than 49 percent of the ap- head of the Federal agency shall transfer an foreign-owned businesses or entities from plicant. amount equal to the amount awarded in ex- participation in the program established (D) CRITERIA FOR DETERMINING AFFILI- cess of the amount authorized under para- under section 9 of the Small Business Act. ATION.—The Administrator shall establish graph (1) to the funds for general SBIR pro- (2) RULEMAKING REQUIRED.— criteria, in accordance with paragraph (1), grams from the non-SBIR and non-STTR re- (A) PROPOSED REGULATIONS.—Not later for determining whether an applicant is af- search and development funds of the Federal than 4 months after the date of enactment of filiated with a venture capital operating agency not later than 180 days after the date this Act, the Administrator shall issue pro- company or any other business that the ven- on which the Federal agency made the award posed regulations to amend section 121.103 ture capital operating company has financed that caused the total awarded under para- (relating to determinations of affiliation ap- and, in establishing the criteria, shall speci- graph (1) to be more than the amount au- plicable to the SBIR program) and section fy that— thorized under paragraph (1) for a purpose 121.702 (relating to ownership and control (i) if a venture capital operating company described in paragraph (1). standards and size standards applicable to that is determined to be affiliated with an ‘‘(6) FINAL DECISIONS ON APPLICATIONS UNDER the SBIR program) of title 13, Code of Fed- applicant is a minority investor in the appli- THE SBIR PROGRAM.— eral Regulations, for firms that are major- cant, the portfolio companies of the venture ‘‘(A) DEFINITION.—In this paragraph, the term ‘covered small business concern’ means a ity-owned by multiple venture capital oper- capital operating company shall not be de- small business concern that— ating companies and participating in the termined to be affiliated with the applicant, ‘‘(i) was not majority-owned by multiple ven- SBIR program solely under the authority unless— ture capital operating companies on the date on under section 9(cc) of the Small Business (I) the venture capital operating company which the small business concern submitted an Act, as added by this section. owns a majority of the portfolio company; or application in response to a solicitation under (B) FINAL REGULATIONS.—Not later than 1 (II) the venture capital operating company the SBIR programs; and year after the date of enactment of this Act, holds a majority of the seats on the board of ‘‘(ii) on the date of the award under the SBIR and after providing notice of and oppor- directors of the portfolio company; program is majority-owned by multiple venture tunity for comment on the proposed regula- (ii) subject to clause (i), the Administrator capital operating companies. tions issued under subparagraph (A), the Ad- retains the authority to determine whether a ‘‘(B) IN GENERAL.—If a Federal agency does ministrator shall issue final or interim final venture capital operating company is affili- not make an award under a solicitation under regulations under this subsection. ated with an applicant, including estab- the SBIR program before the date that is 9 (3) CONTENTS.— lishing other criteria; months after the date on which the period for (A) IN GENERAL.—The regulations issued (iii) the Administrator may not determine submitting applications under the solicitation under this subsection shall permit the par- that a portfolio company of a venture capital ends— ticipation of applicants majority-owned by operating company is affiliated with an ap- ‘‘(i) a covered small business concern is eligi- multiple venture capital operating compa- plicant based solely on one or more shared ble to receive the award, without regard to nies in the SBIR program in accordance with investors; and

VerDate Mar 15 2010 01:17 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.002 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1623 (iv) subject to clauses (i), (ii), and (iii), the ‘‘(B) has entered into a cooperative re- TITLE II—OUTREACH AND Administrator retains the authority to de- search and development agreement (as de- COMMERCIALIZATION INITIATIVES termine whether a portfolio company of a fined in section 12(d) of the Stevenson- SEC. 201. RURAL AND STATE OUTREACH. venture capital operating company is affili- Wydler Technology Innovation Act of 1980 (15 (a) IN GENERAL.—Section 9 of the Small ated with an applicant based on factors inde- U.S.C. 3710a(d))) with a Federal laboratory. Business Act (15 U.S.C. 638) is amended by in- pendent of whether there is a shared inves- ‘‘(2) PROHIBITION.—No Federal agency serting after subsection (r) the following: tor, such as whether there are contractual shall— ‘‘(s) FEDERAL AND STATE TECHNOLOGY obligations between the portfolio company ‘‘(A) condition an SBIR or STTR award PARTNERSHIP PROGRAM.— and the applicant. upon entering into agreement with any Fed- ‘‘(1) DEFINITIONS.—In this subsection, the (4) ENFORCEMENT.—If the Administrator eral laboratory or any federally funded lab- following definitions apply: does not issue final or interim final regula- oratory or research and development center ‘‘(A) APPLICANT.—The term ‘applicant’ tions under this subsection on or before the for any portion of the activities to be per- means an entity, organization, or individual date that is 1 year after the date of enact- formed under that award; that submits a proposal for an award or a co- ment of this Act, the Administrator may not ‘‘(B) approve an agreement between a operative agreement under this subsection. carry out any activities under section 4(h) of small business concern receiving a SBIR or ‘‘(B) FAST PROGRAM.—The term ‘FAST the Small Business Act (15 U.S.C. 633(h)) (as STTR award and a Federal laboratory or fed- program’ means the Federal and State Tech- continued in effect pursuant to the Act enti- erally funded laboratory or research and de- nology Partnership Program established tled ‘‘An Act to extend temporarily certain velopment center, if the small business con- under this subsection. authorities of the Small Business Adminis- cern performs a lesser portion of the activi- ‘‘(C) RECIPIENT.—The term ‘recipient’ tration’’, approved October 10, 2006 (Public ties to be performed under that award than means a person that receives an award or be- Law 109–316; 120 Stat. 1742)) during the period required by this section and by the SBIR comes party to a cooperative agreement beginning on the date that is 1 year and 1 Policy Directive and the STTR Policy Direc- under this subsection. day after the date of enactment of this Act, tive of the Administrator; or ‘‘(D) STATE.—The term ‘State’ means each and ending on the date on which the final or ‘‘(C) approve an agreement that violates of the several States, the District of Colum- interim final regulations are issued. any provision, including any data rights pro- bia, the Commonwealth of Puerto Rico, the (5) DEFINITION.—In this subsection, the tections provision, of this section or the Virgin Islands, Guam, and American Samoa. term ‘‘venture capital operating company’’ SBIR and the STTR Policy Directives. ‘‘(E) DEFINITIONS RELATING TO MENTORING has the same meaning as in section 3(aa) of ‘‘(3) IMPLEMENTATION.—Not later than 180 NETWORKS.—The terms ‘business advice and the Small Business Act, as added by this sec- days after the date of enactment of this sub- counseling’, ‘mentor’, and ‘mentoring net- tion. section, the Administrator shall modify the work’ have the meanings given those terms (d) ASSISTANCE FOR DETERMINING AFFILI- SBIR Policy Directive and the STTR Policy in section 34(e). ATES.— Directive issued under this section to ensure ‘‘(2) ESTABLISHMENT OF PROGRAM.—The Ad- (1) CLEAR EXPLANATION REQUIRED.—Not ministrator shall establish a program to be later than 30 days after the date of enact- that small business concerns— known as the Federal and State Technology ment of this Act, the Administrator shall ‘‘(A) have the flexibility to use the re- Partnership Program, the purpose of which post on the Web site of the Administration sources of the Federal laboratories and feder- shall be to strengthen the technological (with a direct link displayed on the home- ally funded research and development cen- competitiveness of small business concerns page of the Web site of the Administration or ters; and in the States. the SBIR and STTR Web sites of the Admin- ‘‘(B) are not mandated to enter into agree- ‘‘(3) GRANTS AND COOPERATIVE AGREE- istration)— ment with any Federal laboratory or any MENTS.— (A) a clear explanation of the SBIR and federally funded laboratory or research and ‘‘(A) JOINT REVIEW.—In carrying out the STTR affiliation rules under part 121 of title development center as a condition of an FAST program, the Administrator and the 13, Code of Federal Regulations; and award.’’. program managers for the SBIR program and (B) contact information for officers or em- SEC. 111. NOTICE REQUIREMENT. STTR program at the National Science ployees of the Administration who— Foundation, the Department of Defense, and (i) upon request, shall review an issue re- (a) SBIR PROGRAM.—Section 9(g) of the any other Federal agency determined appro- lating to the rules described in subparagraph Small Business Act (15 U.S.C. 638(g)) is priate by the Administrator shall jointly re- (A); and amended— view proposals submitted by applicants and (ii) shall respond to a request under clause (1) in paragraph (10), by striking ‘‘and’’ at may make awards or enter into cooperative (i) not later than 20 business days after the the end; agreements under this subsection based on date on which the request is received. (2) in paragraph (11), by striking the period the factors for consideration set forth in sub- (2) INCLUSION OF AFFILIATION RULES FOR at the end and inserting a semicolon; and paragraph (B), in order to enhance or develop CERTAIN SMALL BUSINESS CONCERNS.—On and (3) by adding at the end the following: in a State— after the date on which the final regulations ‘‘(12) provide timely notice to the Adminis- ‘‘(i) technology research and development under subsection (c) are issued, the Adminis- trator of any case or controversy before any by small business concerns; trator shall post on the Web site of the Ad- Federal judicial or administrative tribunal ‘‘(ii) technology transfer from university ministration information relating to the reg- concerning the SBIR program of the Federal research to technology-based small business ulations, in accordance with paragraph (1). agency; and’’. concerns; SEC. 109. SBIR AND STTR SPECIAL ACQUISITION (b) STTR PROGRAM.—Section 9(o) of the ‘‘(iii) technology deployment and diffusion PREFERENCE. benefitting small business concerns; Section 9(r) of the Small Business Act (15 Small Business Act (15 U.S.C. 638(o)) is U.S.C. 638(r)) is amended by adding at the amended— ‘‘(iv) the technological capabilities of end the following: (1) by striking paragraph (15); small business concerns through the estab- lishment or operation of consortia comprised ‘‘(4) PHASE III AWARDS.—To the greatest ex- (2) in paragraph (16), by striking the period tent practicable, Federal agencies and Fed- at the end and inserting ‘‘; and’’; of entities, organizations, or individuals, in- eral prime contractors shall issue Phase III (3) by redesignating paragraph (16) as para- cluding— awards relating to technology, including sole graph (15); and ‘‘(I) State and local development agencies source awards, to the SBIR and STTR award (4) by adding at the end the following: and entities; recipients that developed the technology.’’. ‘‘(16) provide timely notice to the Adminis- ‘‘(II) representatives of technology-based small business concerns; SEC. 110. COLLABORATING WITH FEDERAL LAB- trator of any case or controversy before any ORATORIES AND RESEARCH AND DE- Federal judicial or administrative tribunal ‘‘(III) industries and emerging companies; VELOPMENT CENTERS. concerning the STTR program of the Federal ‘‘(IV) universities; and Section 9 of the Small Business Act (15 agency.’’. ‘‘(V) small business development centers; U.S.C. 638), as amended by this Act, is and amended by adding at the end the following: SEC. 112. EXPRESS AUTHORITY FOR AN AGENCY ‘‘(v) outreach, financial support, and tech- TO AWARD SEQUENTIAL PHASE II ‘‘(dd) COLLABORATING WITH FEDERAL LAB- nical assistance to technology-based small AWARDS FOR SBIR OR STTR FUNDED ORATORIES AND ESEARCH AND EVELOPMENT business concerns participating in or inter- R D PROJECTS. CENTERS.— ested in participating in an SBIR program or ‘‘(1) AUTHORIZATION.—Subject to the limi- Section 9 of the Small Business Act (15 STTR program, including initiatives— tations under this section, the head of each U.S.C. 638), as amended by this Act, is ‘‘(I) to make grants or loans to companies participating Federal agency may make amended by adding at the end the following: to pay a portion or all of the cost of devel- SBIR and STTR awards to any eligible small oping SBIR or STTR proposals; ‘‘(ee) ADDITIONAL PHASE II SBIR AND STTR business concern that— ‘‘(II) to establish or operate a Mentoring ‘‘(A) intends to enter into an agreement AWARDS.—A small business concern that re- Network within the FAST program to pro- with a Federal laboratory or federally funded ceives a Phase II SBIR award or a Phase II vide business advice and counseling that will research and development center for portions STTR award for a project remains eligible to assist small business concerns that have of the activities to be performed under that receive an additional Phase II SBIR award or been identified by FAST program partici- award; or Phase II STTR award for that project.’’. pants, program managers of participating

VerDate Mar 15 2010 01:17 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.002 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1624 CONGRESSIONAL RECORD — SENATE March 15, 2011 SBIR agencies, the Administration, or other istrator shall cooperate and coordinate by a recipient shall be comprised of not less entities that are knowledgeable about the with— than 50 percent cash and not more than 50 SBIR and STTR programs as good candidates ‘‘(A) Federal agencies required by this sec- percent of indirect costs and in-kind con- for the SBIR and STTR programs, and that tion to have an SBIR program; and tributions, except that no such costs or con- would benefit from mentoring, in accordance ‘‘(B) entities, organizations, and individ- tributions may be derived from funds from with section 34; uals actively engaged in enhancing or devel- any other Federal program. ‘‘(III) to create or participate in a training oping the technological capabilities of small ‘‘(v) RANKINGS.—For the first full fiscal program for individuals providing SBIR or business concerns, including— year after the date of enactment of the STTR outreach and assistance at the State ‘‘(i) State and local development agencies SBIR/STTR Reauthorization Act of 2011, and and local levels; and and entities; each fiscal year thereafter, based on the sta- ‘‘(IV) to encourage the commercialization ‘‘(ii) State committees established under tistics for the most recent full fiscal year for of technology developed through funding the Experimental Program to Stimulate which the Administrator has compiled sta- under the SBIR program or the STTR pro- Competitive Research of the National tistics, the Administrator shall reevaluate gram. Science Foundation (as established under the ranking of each State for purposes of ‘‘(B) SELECTION CONSIDERATIONS.—In mak- section 113 of the National Science Founda- clause (i). ing awards or entering into cooperative tion Authorization Act of 1988 (42 U.S.C. ‘‘(C) DURATION.—Awards may be made or agreements under this subsection, the Ad- 1862g)); ministrator and the program managers re- ‘‘(iii) State science and technology coun- cooperative agreements entered into under ferred to in subparagraph (A)— cils; and this subsection for multiple years, not to ex- ‘‘(i) may only consider proposals by appli- ‘‘(iv) representatives of technology-based ceed 5 years in total. cants that intend to use a portion of the Fed- small business concerns. ‘‘(6) ANNUAL REPORTS.—The Administrator eral assistance provided under this sub- ‘‘(5) ADMINISTRATIVE REQUIREMENTS.— shall submit an annual report to the Com- section to provide outreach, financial sup- ‘‘(A) COMPETITIVE BASIS.—Awards and co- mittee on Small Business of the Senate and port, or technical assistance to technology- operative agreements under this subsection the Committee on Science and the Com- based small business concerns participating shall be made or entered into, as applicable, mittee on Small Business of the House of in or interested in participating in the SBIR on a competitive basis. Representatives regarding— program or STTR program; and ‘‘(B) MATCHING REQUIREMENTS.— ‘‘(A) the number and amount of awards ‘‘(ii) shall consider, at a minimum— ‘‘(i) IN GENERAL.—The non-Federal share of provided and cooperative agreements entered ‘‘(I) whether the applicant has dem- the cost of an activity (other than a plan- into under the FAST program during the onstrated that the assistance to be provided ning activity) carried out using an award or preceding year; would address unmet needs of small business under a cooperative agreement under this ‘‘(B) a list of recipients under this sub- concerns in the community, and whether it subsection shall be— section, including their location and the ac- is important to use Federal funding for the ‘‘(I) except as provided in clause (iii), 35 tivities being performed with the awards proposed activities; cents for each Federal dollar, in the case of made or under the cooperative agreements ‘‘(II) whether the applicant has dem- a recipient that will serve small business entered into; and onstrated that a need exists to increase the concerns located in 1 of the 18 States receiv- ‘‘(C) the Mentoring Networks and the men- number or success of small high-technology ing the fewest Phase I SBIR awards; toring database, as provided for under sec- businesses in the State or an area of the ‘‘(II) except as provided in clause (ii) or tion 34, including— State, as measured by the number of Phase (iii), 1 dollar for each Federal dollar, in the ‘‘(i) the status of the inclusion of men- I and Phase II SBIR awards that have his- case of a recipient that will serve small busi- toring information in the database required torically been received by small business ness concerns located in 1 of the 16 States re- by subsection (k); and concerns in the State or area of the State; ceiving the greatest number of Phase I SBIR ‘‘(ii) the status of the implementation and ‘‘(III) whether the projected costs of the awards; and description of the usage of the Mentoring proposed activities are reasonable; ‘‘(III) except as provided in clause (ii) or Networks. ‘‘(IV) whether the proposal integrates and (iii), 50 cents for each Federal dollar, in the ‘‘(7) PROGRAM LEVELS.— coordinates the proposed activities with case of a recipient that will serve small busi- ‘‘(A) IN GENERAL.—There is authorized to other State and local programs assisting ness concerns located in a State that is not be appropriated to carry out the FAST pro- small high-technology firms in the State; described in subclause (I) or (II) that is re- gram, including Mentoring Networks, under ‘‘(V) the manner in which the applicant ceiving Phase I SBIR awards. this subsection and section 34, $15,000,000 for will measure the results of the activities to ‘‘(ii) LOW-INCOME AREAS.—The non-Federal each of fiscal years 2011 through 2016. be conducted; and share of the cost of the activity carried out ‘‘(B) MENTORING DATABASE.—Of the total ‘‘(VI) whether the proposal addresses the using an award or under a cooperative agree- amount made available under subparagraph needs of small business concerns— ment under this subsection shall be 35 cents (A) for fiscal years 2011 through 2016, a rea- ‘‘(aa) owned and controlled by women; for each Federal dollar that will be directly sonable amount, not to exceed a total of ‘‘(bb) that are socially and economically allocated by a recipient described in clause $500,000, may be used by the Administration disadvantaged small business concerns (as (i) to serve small business concerns located to carry out section 34(d). defined in section 8(a)(4)(A)); in a qualified census tract, as that term is ‘‘(8) TERMINATION.—The authority to carry ‘‘(cc) that are HUBZone small business defined in section 42(d)(5)(B)(ii)(I) of the In- concerns; ternal Revenue Code of 1986. Federal dollars out the FAST program under this subsection ‘‘(dd) located in areas that have histori- not so allocated by that recipient shall be shall terminate on September 30, 2016.’’. cally not participated in the SBIR and STTR subject to the matching requirements of (b) TECHNICAL AND CONFORMING AMEND- programs; clause (i). MENTS.—The Small Business Act (15 U.S.C. ‘‘(ee) owned and controlled by service-dis- ‘‘(iii) RURAL AREAS.— 631 et seq.) is amended— abled veterans; ‘‘(I) IN GENERAL.—Except as provided in (1) by striking section 34 (15 U.S.C. 657d); ‘‘(ff) owned and controlled by Native Amer- subclause (II), the non-Federal share of the (2) by redesignating sections 35 through 43 icans; and cost of the activity carried out using an as sections 34 through 42, respectively; ‘‘(gg) located in geographic areas with an award or under a cooperative agreement (3) in section 9(k)(1)(D) (15 U.S.C. unemployment rate that exceeds the na- under this subsection shall be 35 cents for 638(k)(1)(D)), by striking ‘‘section 35(d)’’ and tional unemployment rate, based on the each Federal dollar that will be directly allo- inserting ‘‘section 34(d)’’; most recently available monthly publica- cated by a recipient described in clause (i) to (4) in section 34 (15 U.S.C. 657e), as so redes- tions of the Bureau of Labor Statistics of the serve small business concerns located in a ignated— Department of Labor. rural area. (A) in subsection (c)(1), by striking ‘‘sec- ‘‘(C) PROPOSAL LIMIT.—Not more than 1 ‘‘(II) ENHANCED RURAL AWARDS.—For a re- tion 34(c)(1)(E)(ii)’’ and inserting ‘‘section proposal may be submitted for inclusion in cipient located in a rural area that is located 9(s)(3)(A)(v)(II)’’; the FAST program under this subsection to in a State described in clause (i)(I), the non- (B) by striking ‘‘section 34’’ each place it provide services in any one State in any 1 Federal share of the cost of the activity car- appears and inserting ‘‘section 9(s)’’; and fiscal year. ried out using an award or under a coopera- (C) by adding at the end the following: ‘‘(D) PROCESS.—Proposals and applications tive agreement under this subsection shall for assistance under this subsection shall be be 15 cents for each Federal dollar that will ‘‘(e) DEFINITIONS.—In this section, the fol- in such form and subject to such procedures be directly allocated by a recipient described lowing definitions apply: as the Administrator shall establish. The Ad- in clause (i) to serve small business concerns ‘‘(1) BUSINESS ADVICE AND COUNSELING.— ministrator shall promulgate regulations es- located in the rural area. The term ‘business advice and counseling’ tablishing standards for the consideration of ‘‘(III) DEFINITION OF RURAL AREA.—In this means providing advice and assistance on proposals under subparagraph (B), including clause, the term ‘rural area’ has the meaning matters described in subsection (c)(2)(B) to standards regarding each of the consider- given that term in section 1393(a)(2) of the small business concerns to guide them ations identified in subparagraph (B)(ii). Internal Revenue Code of 1986. through the SBIR and STTR program proc- ‘‘(4) COOPERATION AND COORDINATION.—In ‘‘(iv) TYPES OF FUNDING.—The non-Federal ess, from application to award and successful carrying out the FAST program, the Admin- share of the cost of an activity carried out completion of each phase of the program.

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‘‘(2) FAST PROGRAM.—The term ‘FAST pro- (3) in paragraph (3)— ‘‘(A) set a goal to increase the number of gram’ means the Federal and State Tech- (A) in subparagraph (A)— Phase II SBIR contracts and the number of nology Partnership Program established (i) by inserting ‘‘or STTR’’ after ‘‘SBIR’’; Phase II STTR contracts awarded by that under section 9(s). and Secretary that lead to technology transition ‘‘(3) MENTOR.—The term ‘mentor’ means an (ii) by striking ‘‘$4,000’’ and inserting into programs of record or fielded systems; individual described in subsection (c)(2). ‘‘$5,000’’; ‘‘(B) use incentives in effect on the date of ‘‘(4) MENTORING NETWORK.—The term ‘Men- (B) by striking subparagraph (B) and in- enactment of the SBIR/STTR Reauthoriza- toring Network’ means an association, orga- serting the following: tion Act of 2011, or create new incentives, to nization, coalition, or other entity (includ- ‘‘(B) PHASE II.—A Federal agency described encourage agency program managers and ing an individual) that meets the require- in paragraph (1) may— prime contractors to meet the goal under ments of subsection (c). ‘‘(i) provide to the recipient of a Phase II subparagraph (A); and ‘‘(5) RECIPIENT.—The term ‘recipient’ SBIR or STTR award, through a vendor se- ‘‘(C) include in the annual report to Con- means a person that receives an award or be- lected under paragraph (2), the services de- gress the percentage of contracts described comes party to a cooperative agreement scribed in paragraph (1), in an amount equal in subparagraph (A) awarded by that Sec- under this section. to not more than $5,000 per year; or retary, and information on the ongoing sta- ‘‘(6) SBIR PROGRAM.—The term ‘SBIR pro- ‘‘(ii) authorize the recipient of a Phase II tus of projects funded through the Commer- gram’ has the same meaning as in section SBIR or STTR award to purchase the serv- cialization Readiness Program and efforts to 9(e)(4). ices described in paragraph (1), in an amount transition these technologies into programs ‘‘(7) STATE.—The term ‘State’ means each equal to not more than $5,000 per year, which of record or fielded systems.’’. of the several States, the District of Colum- shall be in addition to the amount of the re- (b) TECHNICAL AND CONFORMING AMEND- bia, the Commonwealth of Puerto Rico, the cipient’s award.’’; and MENT.—Section 9(i)(1) of the Small Business Virgin Islands, Guam, and American Samoa. (C) by adding at the end the following: Act (15 U.S.C. 638(i)(1)) is amended by insert- ‘‘(8) STTR PROGRAM.—The term ‘STTR pro- ‘‘(C) FLEXIBILITY.—In carrying out sub- ing ‘‘(including awards under subsection gram’ has the same meaning as in section paragraphs (A) and (B), each Federal agency (y))’’ after ‘‘the number of awards’’. shall provide the allowable amounts to a re- 9(e)(6).’’; ø ¿ cipient that meets the eligibility require- SEC. 205 204. COMMERCIALIZATION READINESS (5) in section 36(d) (15 U.S.C. 657i(d)), as so PILOT PROGRAM FOR CIVILIAN redesignated, by striking ‘‘section 43’’ and ments under the applicable subparagraph, if AGENCIES. the recipient requests to seek technical as- inserting ‘‘section 42’’; Section 9 of the Small Business Act (15 sistance from an individual or entity other (6) in section 39(d) (15 U.S.C. 657l(d)), as so U.S.C. 638), as amended by this Act, is than the vendor selected under paragraph (2) redesignated, by striking ‘‘section 43’’ and amended by adding at the end the following: by the Federal agency. inserting ‘‘section 42’’; and ‘‘(ff) PILOT PROGRAM.— (7) in section 40(b) (15 U.S.C. 657m(b)), as so ‘‘(D) LIMITATION.—A Federal agency may not— ‘‘(1) AUTHORIZATION.—The head of each cov- redesignated, by striking ‘‘section 43’’ and ered Federal agency may allocate not more inserting ‘‘section 42’’. ‘‘(i) use the amounts authorized under sub- paragraph (A) or (B) unless the vendor se- than 10 percent of the funds allocated to the øSEC. 202. SBIR–STEM WORKFORCE DEVELOP- SBIR program and the STTR program of the MENT GRANT PILOT PROGRAM. lected under paragraph (2) provides the tech- nical assistance to the recipient; or covered Federal agency— ø(a) PILOT PROGRAM ESTABLISHED.—From ‘‘(ii) enter a contract with a vendor under ‘‘(A) for awards for technology develop- amounts made available to carry out this ment, testing, and evaluation of SBIR and section, the Administrator shall establish a paragraph (2) under which the amount pro- vided for technical assistance is based on STTR Phase II technologies; or SBIR–STEM Workforce Development Grant ‘‘(B) to support the progress of research or Pilot Program to encourage the business total number of Phase I or Phase II awards.’’. SEC. ø204¿203. COMMERCIALIZATION READINESS research and development conducted under community to provide workforce develop- the SBIR or STTR programs to Phase III. ment opportunities for college students, in PROGRAM AT DEPARTMENT OF DE- FENSE. ‘‘(2) APPLICATION BY FEDERAL AGENCY.— the fields of science, technology, engineer- (a) IN GENERAL.—Section 9(y) of the Small ‘‘(A) IN GENERAL.—A covered Federal agen- ing, and math (in this section referred to as Business Act (15 U.S.C. 638(y)) is amended— cy may not establish a pilot program unless ‘‘STEM college students’’), particularly (1) in the subsection heading, by striking the covered Federal agency makes a written those that are socially and economically dis- ‘‘PILOT’’ and inserting ‘‘READINESS’’; application to the Administrator, not later advantaged individuals, from rural areas, or (2) by striking ‘‘Pilot’’ each place that than 90 days before to the first day of the fis- from areas with high unemployment, as de- term appears and inserting ‘‘Readiness’’; cal year in which the pilot program is to be termined by the Administrator, by providing (3) in paragraph (1)— established, that describes a compelling rea- a SBIR bonus grant. (A) by inserting ‘‘or Small Business Tech- son that additional investment in SBIR or ø(b) ELIGIBLE ENTITIES DEFINED.—In this section the term ‘‘eligible entity’’ means a nology Transfer Program’’ after ‘‘Small STTR technologies is necessary, including grantee receiving a grant under the SBIR Business Innovation Research Program’’; unusually high regulatory, systems integra- Program on the date of the bonus grant and tion, or other costs relating to development under subsection (a) that provides an intern- (B) by adding at the end the following: or manufacturing of identifiable, highly ship program for STEM college students. ‘‘The authority to create and administer a promising small business technologies or a ø(c) AWARDS.—An eligible entity shall re- Commercialization Readiness Program under class of such technologies expected to sub- ceive a bonus grant equal to 10 percent of ei- this subsection may not be construed to stantially advance the mission of the agen- ther a Phase I or Phase II grant, as applica- eliminate or replace any other SBIR pro- cy. ble, with a total award maximum of not gram or STTR program that enhances the ‘‘(B) DETERMINATION.—The Administrator more than $10,000 per year. insertion or transition of SBIR or STTR shall— ø(d) EVALUATION.—Following the fourth technologies, including any such program in ‘‘(i) make a determination regarding an ap- year of funding under this section, the Ad- effect on the date of enactment of the Na- plication submitted under subparagraph (A) ministrator shall submit to Congress as part tional Defense Authorization Act for Fiscal not later than 30 days before the first day of of the report under section 9(b)(7) of the Year 2006 (Public Law 109–163; 119 Stat. the fiscal year for which the application is Small Business Act (15 U.S.C. 638(b)(7)) the 3136).’’; submitted; results of the SBIR–STEM Workforce Devel- (4) in paragraph (2), by inserting ‘‘or Small ‘‘(ii) publish the determination in the Fed- opment Grant Pilot Program. Business Technology Transfer Program’’ eral Register; and ø(e) AUTHORIZATION OF APPROPRIATIONS.— after ‘‘Small Business Innovation Research ‘‘(iii) make a copy of the determination There are authorized to be appropriated to Program’’; and any related materials available to the carry out this section— (5) by striking paragraphs (5) and (6); and Committee on Small Business and Entrepre- ø(1) $1,000,000 for fiscal year 2012; (6) by inserting after paragraph (4) the fol- neurship of the Senate and the Committee ø(2) $1,000,000 for fiscal year 2013; lowing: on Small Business of the House of Represent- ø(3) $1,000,000 for fiscal year 2014; ‘‘(5) INSERTION INCENTIVES.—For any con- atives. ø(4) $1,000,000 for fiscal year 2015; and tract with a value of not less than ‘‘(3) MAXIMUM AMOUNT OF AWARD.—The ø(5) $1,000,000 for fiscal year 2016.¿ $100,000,000, the Secretary of Defense is au- head of a covered Federal agency may not SEC. ø203¿202. TECHNICAL ASSISTANCE FOR thorized to— make an award under a pilot program in ex- AWARDEES. ‘‘(A) establish goals for the transition of cess of 3 times the dollar amounts generally Section 9(q) of the Small Business Act (15 Phase III technologies in subcontracting established for Phase II awards under sub- U.S.C. 638(q)) is amended— plans; and section (j)(2)(D) or (p)(2)(B)(ix). (1) in paragraph (1)— ‘‘(B) require a prime contractor on such a ‘‘(4) REGISTRATION.—Any applicant that re- (A) by inserting ‘‘or STTR program’’ after contract to report the number and dollar ceives an award under a pilot program shall ‘‘SBIR program’’; and amount of contracts entered into by that register with the Administrator in a registry (B) by striking ‘‘SBIR projects’’ and insert- prime contractor for Phase III SBIR or that is available to the public. ing ‘‘SBIR or STTR projects’’; STTR projects. ‘‘(5) REPORT.—The head of each covered (2) in paragraph (2), by striking ‘‘3 years’’ ‘‘(6) GOAL FOR SBIR AND STTR TECHNOLOGY Federal agency shall include in the annual and inserting ‘‘5 years’’; and INSERTION.—The Secretary of Defense shall— report of the covered Federal agency to the

VerDate Mar 15 2010 03:14 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.002 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1626 CONGRESSIONAL RECORD — SENATE March 15, 2011 Administrator an analysis of the various ac- ence in study sections, hiring individuals (1) in paragraph (4)(C), in the matter pre- tivities considered for inclusion in the pilot with small business development experience ceding clause (i), by inserting ‘‘for work that program of the covered Federal agency and a for staff positions, separating the commer- derives from, extends, or completes efforts statement of the reasons why each activity cial and scientific review processes, and ex- made under prior funding agreements under considered was included or not included, as amining the impact of the trend toward larg- the SBIR program’’ after ‘‘phase’’; the case may be. er awards on the overall program. (2) in paragraph (6)(C), in the matter pre- ‘‘(6) TERMINATION.—The authority to estab- ‘‘(d) REPORT TO CONGRESS.—The Director of ceding clause (i), by inserting ‘‘for work that lish a pilot program under this section ex- the NIH shall submit an annual report to derives from, extends, or completes efforts pires at the end of fiscal year 2014. Congress and the advisory board on the ac- made under prior funding agreements under ‘‘(7) DEFINITIONS.—In this subsection— tivities of the SBIR program of the NIH the STTR program’’ after ‘‘phase’’; ‘‘(A) the term ‘covered Federal agency’— under this section. (3) in paragraph (8), by striking ‘‘and’’ at ‘‘(i) means a Federal agency participating ‘‘(e) SBIR GRANTS AND CONTRACTS.— the end; in the SBIR program or the STTR program; ‘‘(1) IN GENERAL.—In awarding grants and (4) in paragraph (9), by striking the period and contracts under the SBIR program of the at the end and inserting a semicolon; and ‘‘(ii) does not include the Department of NIH each SBIR program manager shall em- (5) by adding at the end the following: Defense; and phasize applications that identify products, ‘‘(10) the term ‘commercialization’ ‘‘(B) the term ‘pilot program’ means the processes, technologies, and services that means— program established under paragraph (1).’’. may enhance the development of cures and ‘‘(A) the process of developing products, SEC. ø206¿205. ACCELERATING CURES. therapies. processes, technologies, or services; and ‘‘(B) the production and delivery of prod- (a) IN GENERAL.—The Small Business Act ‘‘(2) EXAMINATION OF COMMERCIALIZATION ucts, processes, technologies, or services for (15 U.S.C. 631 et seq.) is amended by inserting AND OTHER METRICS.—The advisory board sale (whether by the originating party or by after section 42, as redesignated by section shall evaluate the implementation of the re- others) to or use by the Federal Government 201 of this Act, the following: quirement under paragraph (1) by examining increased commercialization and other or commercial markets;’’. ‘‘SEC. 43. SMALL BUSINESS INNOVATION RE- (b) TECHNICAL AND CONFORMING AMEND- SEARCH PROGRAM. metrics, to be determined and collected by the SBIR program of the NIH. MENTS.—The Small Business Act (15 U.S.C. ‘‘(a) NIH CURES PILOT.— ‘‘(3) PHASE I AND II.—To the greatest extent 631 et seq.) is amended— ‘‘(1) ESTABLISHMENT.—An independent ad- (1) in section 9 (15 U.S.C. 638)— visory board shall be established at the Na- practicable, the Director of the SBIR pro- gram of the NIH shall reduce the time period (A) in subsection (e)— tional Academy of Sciences (in this section (i) in paragraph (4)(C)(ii), by striking ‘‘sci- referred to as the ‘advisory board’) to con- between Phase I and Phase II funding of grants and contracts under the SBIR pro- entific review criteria’’ and inserting duct periodic evaluations of the SBIR pro- ‘‘merit-based selection procedures’’; gram (as that term is defined in section 9) of gram of the NIH to 90 days. ‘‘(f) LIMIT.—Not more than a total of 1 per- (ii) in paragraph (9), by striking ‘‘the sec- each of the National Institutes of Health (re- cent of the extramural budget (as defined in ond or the third phase’’ and inserting ‘‘Phase ferred to in this section as the ‘NIH’) insti- section 9 of the Small Business Act (15 U.S.C. II or Phase III’’; and tutes and centers for the purpose of improv- 638)) of the NIH for research or research and (iii) by adding at the end the following: ing the management of the SBIR program development may be used for the pilot pro- ‘‘(11) the term ‘Phase I’ means— through data-driven assessment. gram under subsection (c) and to carry out ‘‘(A) with respect to the SBIR program, the ‘‘(2) MEMBERSHIP.— subsection (e).’’. first phase described in paragraph (4)(A); and ‘‘(A) IN GENERAL.—The advisory board shall (b) PROSPECTIVE REPEAL.—Effective 5 years ‘‘(B) with respect to the STTR program, consist of— after the date of enactment of this Act, the the first phase described in paragraph (6)(A); ‘‘(i) the Director of the NIH; Small Business Act (15 U.S.C. 631 et seq.) is ‘‘(12) the term ‘Phase II’ means— ‘‘(ii) the Director of the SBIR program of amended— ‘‘(A) with respect to the SBIR program, the the NIH; (1) by striking section 43, as added by sub- second phase described in paragraph (4)(B); ‘‘(iii) senior NIH agency managers, se- section (a); and and lected by the Director of NIH; (2) by redesignating sections 44 and 45 as ‘‘(B) with respect to the STTR program, ‘‘(iv) industry experts, selected by the sections 43 and 44, respectively. the second phase described in paragraph Council of the National Academy of Sciences (6)(B); and ø ¿ in consultation with the Associate Adminis- SEC. 207 206. FEDERAL AGENCY ENGAGEMENT ‘‘(13) the term ‘Phase III’ means— WITH SBIR AND STTR AWARDEES trator for Technology of the Administration THAT HAVE BEEN AWARDED MUL- ‘‘(A) with respect to the SBIR program, the and the Director of the Office of Science and TIPLE PHASE I AWARDS BUT HAVE third phase described in paragraph (4)(C); and Technology Policy; and NOT BEEN AWARDED PHASE II ‘‘(B) with respect to the STTR program, ‘‘(v) owners or operators of small business AWARDS. the third phase described in paragraph concerns that have received an award under Section 9 of the Small Business Act (15 (6)(C).’’; the SBIR program of the NIH, selected by U.S.C. 638), as amended by this Act, is (B) in subsection (j)— the Associate Administrator for Technology amended by adding at the end the following: (i) in paragraph (1)(B), by striking ‘‘phase of the Administration. ‘‘(gg) REQUIREMENTS RELATING TO FEDERAL two’’ and inserting ‘‘Phase II’’; ‘‘(B) NUMBER OF MEMBERS.—The total num- AGENCY ENGAGEMENT WITH CERTAIN PHASE I (ii) in paragraph (2)— ber of members selected under clauses (iii), SBIR AND STTR AWARDEES.— (I) in subparagraph (B)— (iv), and (v) of subparagraph (A) shall not ex- ‘‘(1) DEFINITION.—In this subsection, the (aa) by striking ‘‘the third phase’’ each ceed 10. term ‘covered awardee’ means a small busi- place it appears and inserting ‘‘Phase III’’; ‘‘(C) EQUAL REPRESENTATION.—The total ness concern that— and number of members of the advisory board se- ‘‘(A) has received multiple Phase I awards (bb) by striking ‘‘the second phase’’ and in- lected under clauses (i), (ii), (iii), and (iv) of over multiple years, as determined by the serting ‘‘Phase II’’; subparagraph (A) shall be equal to the num- head of a Federal agency, under the SBIR (II) in subparagraph (D)— ber of members of the advisory board se- program or the STTR program of the Federal (aa) by striking ‘‘the first phase’’ and in- lected under subparagraph (A)(v). agency; and serting ‘‘Phase I’’; and ‘‘(b) ADDRESSING DATA GAPS.—In order to ‘‘(B) has not received a Phase II award— (bb) by striking ‘‘the second phase’’ and in- enhance the evidence-base guiding SBIR pro- ‘‘(i) under the SBIR program or STTR pro- serting ‘‘Phase II’’; gram decisions and changes, the Director of gram, as the case may be, of the Federal (III) in subparagraph (F), by striking ‘‘the the SBIR program of the NIH shall address agency described in subparagraph (A); or third phase’’ and inserting ‘‘Phase III’’; the gaps and deficiencies in the data collec- ‘‘(ii) relating to a Phase I award described (IV) in subparagraph (G)— tion concerns identified in the 2007 report of in subparagraph (A) under the SBIR program (aa) by striking ‘‘the first phase’’ and in- the National Academy of Science entitled or the STTR program of another Federal serting ‘‘Phase I’’; and ‘An Assessment of the Small Business Inno- agency. (bb) by striking ‘‘the second phase’’ and in- vation Research Program at the NIH’. ‘‘(2) PERFORMANCE MEASURES.—The head of serting ‘‘Phase II’’; and ‘‘(c) PILOT PROGRAM.— each Federal agency that participates in the (V) in subparagraph (H)— ‘‘(1) IN GENERAL.—The Director of the SBIR SBIR program or the STTR program shall (aa) by striking ‘‘the first phase’’ and in- program of the NIH may initiate a pilot pro- develop performance measures for any cov- serting ‘‘Phase I’’; gram, under a formal mechanism for design- ered awardee relating to commercializing re- (bb) by striking ‘‘second phase’’ each place ing, implementing, and evaluating pilot pro- search or research and development activi- it appears and inserting ‘‘Phase II’’; and grams, to spur innovation and to test new ties under the SBIR program or the STTR (cc) by striking ‘‘third phase’’ and insert- strategies that may enhance the develop- program of the Federal agency.’’. ing ‘‘Phase III’’; and ment of cures and therapies. SEC. ø208¿207. CLARIFYING THE DEFINITION OF (iii) in paragraph (3)— ‘‘(2) CONSIDERATIONS.—The Director of the ‘‘PHASE III’’. (I) in subparagraph (A)— SBIR program of the NIH may consider con- (a) PHASE III AWARDS.—Section 9(e) of the (aa) by striking ‘‘the first phase (as de- ducting a pilot program to include individ- Small Business Act (15 U.S.C. 638(e)) is scribed in subsection (e)(4)(A))’’ and insert- uals with successful SBIR program experi- amended— ing ‘‘Phase I’’;

VerDate Mar 15 2010 03:14 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.003 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1627 (bb) by striking ‘‘the second phase (as de- (A) by inserting ‘‘(A)’’ after ‘‘(4)’’; ‘‘(D) general information about the imple- scribed in subsection (e)(4)(B))’’ and insert- (B) by adding ‘‘and’’ after the semicolon at mentation of, and compliance with the allo- ing ‘‘Phase II’’; and the end; and cation of funds required under, subsection (cc) by striking ‘‘the third phase (as de- (C) by adding at the end the following: (cc) for firms owned in majority part by ven- scribed in subsection (e)(4)(C))’’ and inserting ‘‘(B) make a final decision on each pro- ture capital operating companies and par- ‘‘Phase III’’; and posal submitted under the SBIR program— ticipating in the SBIR program; (II) in subparagraph (B), by striking ‘‘sec- ‘‘(i) not later than 90 days after the date on ‘‘(E) a detailed description of appeals of ond phase’’ and inserting ‘‘Phase II’’; which the solicitation closes; or Phase III awards and notices of noncompli- (C) in subsection (k)— ‘‘(ii) if the Administrator authorizes an ex- ance with the SBIR Policy Directive and the (i) by striking ‘‘first phase’’ each place it tension for a solicitation, not later than 180 STTR Policy Directive filed by the Adminis- appears and inserting ‘‘Phase I’’; and days after the date on which the solicitation trator with Federal agencies; and (ii) by striking ‘‘second phase’’ each place closes;’’; and ‘‘(F) a description’’; and it appears and inserting ‘‘Phase II’’; (2) in subsection (o)(4)— (2) by inserting after paragraph (7) the fol- (D) in subsection (l)(2)— (A) by inserting ‘‘(A)’’ after ‘‘(4)’’; lowing: (i) by striking ‘‘the first phase’’ and insert- (B) by adding ‘‘and’’ after the semicolon at ‘‘(8) to coordinate the implementation of ing ‘‘Phase I’’; and the end; and electronic databases at each of the Federal (ii) by striking ‘‘the second phase’’ and in- (C) by adding at the end the following: agencies participating in the SBIR program serting ‘‘Phase II’’; ‘‘(B) make a final decision on each pro- or the STTR program, including the tech- (E) in subsection (o)(13)— posal submitted under the STTR program— nical ability of the participating agencies to (i) in subparagraph (B), by striking ‘‘sec- ‘‘(i) not later than 90 days after the date on electronically share data;’’. ond phase’’ and inserting ‘‘Phase II’’; and which the solicitation closes; or SEC. 302. DATA COLLECTION FROM AGENCIES (ii) in subparagraph (C), by striking ‘‘third ‘‘(ii) if the Administrator authorizes an ex- FOR SBIR. phase’’ and inserting ‘‘Phase III’’; tension for a solicitation, not later than 180 Section 9(g) of the Small Business Act (15 (F) in subsection (p)— days after the date on which the solicitation U.S.C. 638(g)) is amended— (i) in paragraph (2)(B)— closes;’’. (1) by striking paragraph (10); (I) in clause (vi)— (b) NIH PEER REVIEW PROCESS.— (2) by redesignating paragraphs (8) and (9) (aa) by striking ‘‘the second phase’’ and in- (1) IN GENERAL.—Section 9 of the Small as paragraphs (9) and (10), respectively; and serting ‘‘Phase II’’; and Business Act (15 U.S.C. 638), as amended by (3) by inserting after paragraph (7) the fol- (bb) by striking ‘‘the third phase’’ and in- this Act, is amended by adding at the end lowing: serting ‘‘Phase III’’; and the following: ‘‘(8) collect annually, and maintain in a (II) in clause (ix)— ‘‘(hh) NIH PEER REVIEW PROCESS.—The Di- common format in accordance with the sim- (aa) by striking ‘‘the first phase’’ and in- rector of the National Institutes of Health plified reporting requirements under sub- serting ‘‘Phase I’’; and may make an award under the SBIR program section (v), such information from awardees (bb) by striking ‘‘the second phase’’ and in- or the STTR program of the National Insti- as is necessary to assess the SBIR program, serting ‘‘Phase II’’; and tutes of Health if the application for the including information necessary to maintain (ii) in paragraph (3)— award has undergone technical and scientific (I) by striking ‘‘the first phase (as de- the database described in subsection (k), in- peer review under section 492 of the Public cluding— scribed in subsection (e)(6)(A))’’ and insert- Health Service Act (42 U.S.C. 289a).’’. ing ‘‘Phase I’’; ‘‘(A) whether an awardee— (2) TECHNICAL AND CONFORMING AMEND- (II) by striking ‘‘the second phase (as de- ‘‘(i) has venture capital or is majority- MENTS.—Section 105 of the National Insti- scribed in subsection (e)(6)(B))’’ and insert- owned by multiple venture capital operating tutes of Health Reform Act of 2006 (42 U.S.C. companies, and, if so— ing ‘‘Phase II’’; and 284n) is amended— (III) by striking ‘‘the third phase (as de- ‘‘(I) the amount of venture capital that the (A) in subsection (a)(3)— awardee has received as of the date of the scribed in subsection (e)(6)(A))’’ and insert- (i) by striking ‘‘A grant’’ and inserting ing ‘‘Phase III’’; award; and ‘‘Except as provided in section 9(hh) of the ‘‘(II) the amount of additional capital that (G) in subsection (q)(3)— Small Business Act (15 U.S.C. 638(hh)), a (i) in subparagraph (A)— the awardee has invested in the SBIR tech- grant’’; and nology; (I) in the subparagraph heading, by strik- (ii) by striking ‘‘section 402(k)’’ and all ing ‘‘FIRST PHASE’’ and inserting ‘‘PHASE I’’; ‘‘(ii) has an investor that— that follows through ‘‘Act)’’ and inserting ‘‘(I) is an individual who is not a citizen of and ‘‘section 402(l) of such Act’’; and (II) by striking ‘‘first phase’’ and inserting the United States or a lawful permanent (B) in subsection (b)(5)— resident of the United States, and if so, the ‘‘Phase I’’; and (i) by striking ‘‘A grant’’ and inserting (ii) in subparagraph (B)— name of any such individual; or ‘‘Except as provided in section 9(hh) of the ‘‘(II) is a person that is not an individual (I) in the subparagraph heading, by strik- Small Business Act (15 U.S.C. 638(hh)), a ing ‘‘SECOND PHASE’’ and inserting ‘‘PHASE and is not organized under the laws of a grant’’; and State or the United States, and if so the II’’; and (ii) by striking ‘‘section 402(k)’’ and all (II) by striking ‘‘second phase’’ and insert- name of any such person; that follows through ‘‘Act)’’ and inserting ‘‘(iii) is owned by a woman or has a woman ing ‘‘Phase II’’; ‘‘section 402(l) of such Act’’. (H) in subsection (r)— as a principal investigator; (i) in the subsection heading, by striking TITLE III—OVERSIGHT AND EVALUATION ‘‘(iv) is owned by a socially or economi- ‘‘THIRD PHASE’’ and inserting ‘‘PHASE III’’; SEC. 301. STREAMLINING ANNUAL EVALUATION cally disadvantaged individual or has a so- (ii) in paragraph (1)— REQUIREMENTS. cially or economically disadvantaged indi- (I) in the first sentence— Section 9(b) of the Small Business Act (15 vidual as a principal investigator; (aa) by striking ‘‘for the second phase’’ and U.S.C. 638(b)), as amended by section 102 of ‘‘(v) received assistance under the FAST inserting ‘‘for Phase II’’; this Act, is amended— program under section 34, as in effect on the (bb) by striking ‘‘third phase’’ and insert- (1) in paragraph (7)— day before the date of enactment of the ing ‘‘Phase III’’; and (A) by striking ‘‘STTR programs, including SBIR/STTR Reauthorization Act of 2011, or (cc) by striking ‘‘second phase period’’ and the data’’ and inserting the following: the outreach program under subsection (s); inserting ‘‘Phase II period’’; and ‘‘STTR programs, including— ‘‘(vi) is a faculty member or a student of (II) in the second sentence— ‘‘(A) the data’’; an institution of higher education, as that (aa) by striking ‘‘second phase’’ and insert- (B) by striking ‘‘(g)(10), (o)(9), and (o)(15), term is defined in section 101 of the Higher ing ‘‘Phase II’’; and the number’’ and all that follows through Education Act of 1965 (20 U.S.C. 1001); or (bb) by striking ‘‘third phase’’ and insert- ‘‘under each of the SBIR and STTR pro- ‘‘(vii) is located in a State described in ing ‘‘Phase III’’; and grams, and a description’’ and inserting the subsection (u)(3); and (iii) in paragraph (2), by striking ‘‘third following: ‘‘(g)(8) and (o)(9); and ‘‘(B) a justification statement from the phase’’ and inserting ‘‘Phase III’’; and ‘‘(B) the number of proposals received agency, if an awardee receives an award in (I) in subsection (u)(2)(B), by striking ‘‘the from, and the number and total amount of an amount that is more than the award first phase’’ and inserting ‘‘Phase I’’; and awards to, HUBZone small business concerns guidelines under this section;’’. (2) in section 34(c)(2)(B)(vii) (15 U.S.C. and firms with venture capital investment SEC. 303. DATA COLLECTION FROM AGENCIES 657e(c)(2)(B)(vii)), as redesignated by section (including those majority-owned by multiple FOR STTR. 201 of this Act, by striking ‘‘third phase’’ and venture capital operating companies) under Section 9(o) of the Small Business Act (15 inserting ‘‘Phase III’’. each of the SBIR and STTR programs; U.S.C. 638(o)) is amended by striking para- SEC. ø209¿208. SHORTENED PERIOD FOR FINAL ‘‘(C) a description of the extent to which graph (9) and inserting the following: DECISIONS ON PROPOSALS AND AP- each Federal agency is increasing outreach ‘‘(9) collect annually, and maintain in a PLICATIONS. and awards to firms owned and controlled by common format in accordance with the sim- (a) IN GENERAL.—Section 9 of the Small women and social or economically disadvan- plified reporting requirements under sub- Business Act (15 U.S.C. 638) is amended— taged individuals under each of the SBIR and section (v), such information from applicants (1) in subsection (g)(4)— STTR programs; and awardees as is necessary to assess the

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GOVERNMENT DATABASE. waste, or abuse relating to the SBIR pro- cluding information necessary to maintain Section 9(k) of the Small Business Act (15 gram or STTR program.’’; and the database described in subsection (k), in- U.S.C. 638(k)) is amended— (2) in paragraph (3), by adding at the end cluding— (1) in paragraph (2)— the following: ‘‘(A) whether an applicant or awardee— (A) in the matter preceding subparagraph ‘‘(C) GOVERNMENT DATABASE.—Not later ‘‘(i) has venture capital or is majority- (A), by striking ‘‘Not later’’ and all that fol- than 60 days after the date established by a owned by multiple venture capital operating lows through ‘‘Act of 2000’’ and inserting Federal agency for submitting applications companies, and, if so— ‘‘Not later than 90 days after the date of en- or proposals for a Phase I or Phase II award ‘‘(I) the amount of venture capital that the actment of the SBIR/STTR Reauthorization under the SBIR program or STTR program, applicant or awardee has received as of the Act of 2011’’; the head of the Federal agency shall submit date of the application or award, as applica- (B) by striking subparagraph (C); to the Administrator the data required under ble; and (C) by redesignating subparagraphs (A) and paragraph (2) with respect to each small ‘‘(II) the amount of additional capital that (B) as subparagraphs (B) and (C), respec- business concern that applies or submits a the applicant or awardee has invested in the tively; proposal for the Phase I or Phase II award.’’. SBIR technology; (D) by inserting before subparagraph (B), SEC. 306. ACCURACY IN FUNDING BASE CALCULA- ‘‘(ii) has an investor that— as so redesignated, the following: TIONS. ‘‘(I) is an individual who is not a citizen of ‘‘(A) contains, for each small business con- (a) IN GENERAL.—Not later than 1 year the United States or a lawful permanent cern that applies for, submits a proposal for, after the date of enactment of this Act, and resident of the United States, and if so, the or receives an award under Phase I or Phase every year thereafter until the date that is 5 name of any such individual; or II of the SBIR program or the STTR pro- years after the date of enactment of this gram— ‘‘(II) is a person that is not an individual Act, the Comptroller General of the United ‘‘(i) the name, size, and location, and an States shall— and is not organized under the laws of a identifying number assigned by the Adminis- (1) conduct a fiscal and management audit State or the United States, and if so the tration of the small business concern; of the SBIR program and the STTR program name of any such person; ‘‘(ii) an abstract of the project; for the applicable period to— ‘‘(iii) is owned by a woman or has a woman ‘‘(iii) the specific aims of the project; (A) determine whether Federal agencies as a principal investigator; ‘‘(iv) the number of employees of the small comply with the expenditure amount re- ‘‘(iv) is owned by a socially or economi- business concern; quirements under subsections (f)(1) and (n)(1) cally disadvantaged individual or has a so- ‘‘(v) the names of key individuals that will of section 9 of the Small Business Act (15 cially or economically disadvantaged indi- carry out the project; U.S.C. 638), as amended by this Act; vidual as a principal investigator; ‘‘(vi) the percentage of effort each indi- (B) assess the extent of compliance with ‘‘(v) received assistance under the FAST vidual described in clause (iv) will contribute the requirements of section 9(i)(2) of the program under section 34 or the outreach to the project; Small Business Act (15 U.S.C. 638(i)(2)) by program under subsection (s); ‘‘(vii) whether the small business concern Federal agencies participating in the SBIR ‘‘(vi) is a faculty member or a student of is majority-owned by multiple venture cap- program or the STTR program and the Ad- an institution of higher education, as that ital operating companies; and ministration; term is defined in section 101 of the Higher ‘‘(viii) the Federal agency to which the ap- (C) assess whether it would be more con- Education Act of 1965 (20 U.S.C. 1001); or plication is made, and contact information sistent and effective to base the amount of ‘‘(vii) is located in a State in which the for the person or office within the Federal the allocations under the SBIR program and total value of contracts awarded to small agency that is responsible for reviewing ap- the STTR program on a percentage of the re- business concerns under all STTR programs plications and making awards under the search and development budget of a Federal is less than the total value of contracts SBIR program or the STTR program;’’; agency, rather than the extramural budget awarded to small business concerns in a ma- (E) by redesignating subparagraphs (D), of the Federal agency; and jority of other States, as determined by the and (E) as subparagraphs (E) and (F), respec- (D) determine the portion of the extra- Administrator in biennial fiscal years, begin- tively; mural research or research and development ning with fiscal year 2008, based on the most (F) by inserting after subparagraph (C), as budget of a Federal agency that each Federal recent statistics compiled by the Adminis- so redesignated, the following: agency spends for administrative purposes trator; and ‘‘(D) includes, for each awardee— relating to the SBIR program or STTR pro- ‘‘(B) if an awardee receives an award in an ‘‘(i) the name, size, location, and any iden- gram, and for what specific purposes, includ- amount that is more than the award guide- tifying number assigned to the awardee by ing the portion, if any, of such budget the lines under this section, a statement from the Administrator; Federal agency spends for salaries and ex- the agency that justifies the award ‘‘(ii) whether the awardee has venture cap- penses, travel to visit applicants, outreach amount;’’. ital, and, if so— events, marketing, and technical assistance; ‘‘(I) the amount of venture capital as of the SEC. 304. PUBLIC DATABASE. and date of the award; (2) submit a report to the Committee on Section 9(k)(1) of the Small Business Act ‘‘(II) the percentage of ownership of the Small Business and Entrepreneurship of the (15 U.S.C. 638(k)(1)) is amended— awardee held by a venture capital operating Senate and the Committee on Small Busi- (1) in subparagraph (D), by striking ‘‘and’’ company, including whether the awardee is ness of the House of Representatives regard- at the end; majority-owned by multiple venture capital ing the audit conducted under paragraph (1), (2) in subparagraph (E), by striking the pe- operating companies; and including the assessments required under riod at the end and inserting ‘‘; and’’; and ‘‘(III) the amount of additional capital that subparagraphs (B) and (C), and the deter- (3) by adding at the end the following: the awardee has invested in the SBIR tech- mination made under subparagraph (D) of ‘‘(F) for each small business concern that nology, which information shall be collected paragraph (1). has received a Phase I or Phase II SBIR or on an annual basis; (b) DEFINITION OF APPLICABLE PERIOD.—In STTR award from a Federal agency, whether ‘‘(iii) the names and locations of any affili- this section, the term ‘‘applicable period’’ the small business concern— ates of the awardee; means— ‘‘(i) has venture capital and, if so, whether ‘‘(iv) the number of employees of the (1) for the first report submitted under this the small business concern is registered as awardee; section, the period beginning on October 1, majority-owned by multiple venture capital ‘‘(v) the number of employees of the affili- 2005, and ending on September 30 of the last operating companies as required under sub- ates of the awardee; and full fiscal year before the date of enactment section (cc)(4); ‘‘(vi) the names of, and the percentage of of this Act for which information is avail- ‘‘(ii) is owned by a woman or has a woman ownership of the awardee held by— able; and as a principal investigator; ‘‘(I) any individual who is not a citizen of (2) for the second and each subsequent re- ‘‘(iii) is owned by a socially or economi- the United States or a lawful permanent port submitted under this section, the pe- cally disadvantaged individual or has a so- resident of the United States; or riod— cially or economically disadvantaged indi- ‘‘(II) any person that is not an individual (A) beginning on October 1 of the first fis- vidual as a principal investigator; and is not organized under the laws of a cal year after the end of the most recent full ‘‘(iv) received assistance under the FAST State or the United States;’’; fiscal year relating to which a report under program under section 34, as in effect on the (G) in subparagraph (E), as so redesignated, this section was submitted; and day before the date of enactment of the by striking ‘‘and’’ at the end; (B) ending on September 30 of the last full SBIR/STTR Reauthorization Act of 2011, or (H) in subparagraph (F), as so redesignated, fiscal year before the date of the report. the outreach program under subsection (s); by striking the period at the end and insert- SEC. 307. CONTINUED EVALUATION BY THE NA- or ing ‘‘; and’’; and TIONAL ACADEMY OF SCIENCES. ‘‘(v) is owned by a faculty member or a stu- (I) by adding at the end the following: Section 108 of the Small Business Reau- dent of an institution of higher education, as ‘‘(G) includes a timely and accurate list of thorization Act of 2000 (15 U.S.C. 638 note) is that term is defined in section 101 of the any individual or small business concern amended by adding at the end the following: Higher Education Act of 1965 (20 U.S.C. that has participated in the SBIR program ‘‘(e) EXTENSIONS AND ENHANCEMENTS OF AU- 1001).’’. or STTR program that has committed fraud, THORITY.—

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‘‘(1) IN GENERAL.—Not later than 6 months ances against a Federal agency regarding verification of reports and invoices and cost after the date of enactment of the SBIR/ data rights and a process for resolving those reviews; STTR Reauthorization Act of 2011, the head grievances. ‘‘(H) carrying out subsection (cc); of each agency described in subsection (a), in (b) REPORT.—Not later than 18 months ‘‘(I) carrying out subsection (ff); consultation with the Small Business Ad- after the date of enactment of this Act, the ‘‘(J) contract processing costs relating to ministration, shall cooperatively enter into Comptroller General shall submit to the the SBIR program or STTR program of the an agreement with the National Academy of Committee on Small Business and Entrepre- Federal agency; and Sciences for the National Research Council neurship of the Senate and the Committee ‘‘(K) funding for additional personnel and to, not later than 4 years after the date of on Small Business of the House of Represent- assistance with application reviews. enactment of the SBIR/STTR Reauthoriza- atives a report regarding the study con- ‘‘(2) PERFORMANCE CRITERIA.—A Federal tion Act of 2011, and every 4 years there- ducted under subsection (a). agency may not use funds as authorized after— SEC. 310. OBTAINING CONSENT FROM SBIR AND under paragraph (1) until after the effective ‘‘(A) continue the most recent study under STTR APPLICANTS TO RELEASE this section relating to— CONTACT INFORMATION TO ECO- date of performance criteria, which the Ad- ‘‘(i) the issues described in subparagraphs NOMIC DEVELOPMENT ORGANIZA- ministrator shall establish, to measure any (A), (B), (C), and (E) of subsection (a)(1); and TIONS. benefits of using funds as authorized under ‘‘(ii) the effectiveness of the government Section 9 of the Small Business Act (15 paragraph (1) and to assess continuation of and public databases described in section U.S.C. 638), as amended by this Act, is the authority under paragraph (1). 9(k) of the Small Business Act (15 U.S.C. amended by adding at the end the following: ‘‘(3) RULES.—Not later than 180 days after 638(k)) in reducing vulnerabilities of the ‘‘(jj) CONSENT TO RELEASE CONTACT INFOR- the date of enactment of this subsection, the SBIR program and the STTR program to MATION TO ORGANIZATIONS.— Administrator shall issue rules to carry out fraud, waste, and abuse, particularly with re- ‘‘(1) ENABLING CONCERN TO GIVE CONSENT.— this subsection.’’. Each Federal agency required by this section spect to Federal agencies funding duplicative (b) TECHNICAL AND CONFORMING AMEND- proposals and business concerns falsifying to conduct an SBIR program or an STTR MENTS.— information in proposals; program shall enable a small business con- (1) IN GENERAL.—Section 9 of the Small ‘‘(B) make recommendations with respect cern that is an SBIR applicant or an STTR Business Act (15 U.S.C. 638) is amended— to the issues described in subparagraph applicant to indicate to the Federal agency (A) in subsection (f)(2)(A), as so designated (A)(ii) and subparagraphs (A), (D), and (E) of whether the Federal agency has the consent subsection (a)(2)ø.¿; and of the concern to— by section 103(2) of this Act, by striking ‘‘(C) estimate, to the extent practicable, the ‘‘(A) identify the concern to appropriate ‘‘shall not’’ and all that follows through number of jobs created by the SBIR program or local and State-level economic development ‘‘make available for the purpose’’ and insert- STTR program of the agency. organizations as an SBIR applicant or an ing ‘‘shall not make available for the pur- ‘‘(2) CONSULTATION.—An agreement under STTR applicant; and pose’’; and paragraph (1) shall require the National Re- ‘‘(B) release the contact information of the (B) in subsection (y), as amended by sec- search Council to ensure there is participa- concern to such organizations. tion ø204¿ 203— tion by and consultation with the small busi- ‘‘(2) RULES.—The Administrator shall es- (i) by striking paragraph (4); ness community, the Administration, and tablish rules to implement this subsection. (ii) by redesignating paragraphs (5) and (6) other interested parties as described in sub- The rules shall include a requirement that a as paragraphs (4) and (5), respectively. section (b). Federal agency include in the SBIR and (2) TRANSITIONAL RULE.—Notwithstanding ‘‘(3) REPORTING.—An agreement under STTR application a provision through which the amendments made by paragraph (1), sub- paragraph (1) shall require that not later the applicant can indicate consent for pur- section (f)(2)(A) and (y)(4) of section 9 of the than 4 years after the date of enactment of poses of paragraph (1).’’. Small Business Act (15 U.S.C. 638), as in ef- the SBIR/STTR Reauthorization Act of 2011, SEC. 311. PILOT TO ALLOW FUNDING FOR ADMIN- fect on the day before the date of enactment ISTRATIVE, OVERSIGHT, AND CON- and every 4 years thereafter, the National of this Act, shall continue to apply to each Research Council shall submit to the head of TRACT PROCESSING COSTS. (a) IN GENERAL.—Section 9 of the Small Federal agency until the effective date of the the agency entering into the agreement, the performance criteria established by the Ad- Committee on Small Business and Entrepre- Business Act (15 U.S.C. 638), as amended by this Act, is amended by adding at the end ministrator under subsection (kk)(2) of sec- neurship of the Senate, and the Committee tion 9 of the Small Business Act, as added by on Small Business of the House of Represent- the following: ‘‘(kk) ASSISTANCE FOR ADMINISTRATIVE, subsection (a). atives a report regarding the study con- OVERSIGHT, AND CONTRACT PROCESSING (3) PROSPECTIVE REPEAL.—Effective on the ducted under paragraph (1) and containing COSTS.— first day of the fourth full fiscal year fol- the recommendations described in paragraph ‘‘(1) IN GENERAL.—Subject to paragraph (2), lowing the date of enactment of this Act, (1).’’. for the 3 full fiscal years beginning after the section 9 of the Small Business Act (15 U.S.C. SEC. 308. TECHNOLOGY INSERTION REPORTING REQUIREMENTS. date of enactment of this subsection, the Ad- 638), as amended by paragraph (1) of this sec- Section 9 of the Small Business Act (15 ministrator shall allow each Federal agency tion, is amended— U.S.C. 638), as amended by this Act, is required to conduct an SBIR program to use (A) in subsection (f)(2)(A), by striking amended by adding at the end the following: not more than 3 percent of the funds allo- ‘‘shall not make available for the purpose’’ ‘‘(ii) PHASE III REPORTING.—The annual cated to the SBIR program of the Federal and inserting the following: ‘‘shall not— SBIR or STTR report to Congress by the Ad- agency for— ‘‘(i) use any of its SBIR budget established ministration under subsection (b)(7) shall in- ‘‘(A) the administration of the SBIR pro- pursuant to paragraph (1) for the purpose of clude, for each Phase III award made by the gram or the STTR program of the Federal funding administrative costs of the program, Federal agency— agency; including costs associated with salaries and ‘‘(1) the name of the agency or component ‘‘(B) the provision of outreach and tech- expenses; or nical assistance relating to the SBIR pro- of the agency or the non-Federal source of ‘‘(ii) make available for the purpose’’; and gram or STTR program of the Federal agen- capital making the Phase III award; (B) in subsection (y)— cy, including technical assistance site visits ‘‘(2) the name of the small business con- (i) by redesignating paragraphs (4) and (5) and personnel interviews; cern or individual receiving the Phase III as paragraphs (5) and (6), respectively; and ‘‘(C) the implementation of commercializa- award; and (ii) by inserting after paragraph (3) the fol- ‘‘(3) the dollar amount of the Phase III tion and outreach initiatives that were not lowing: award.’’. in effect on the date of enactment of this ‘‘(4) FUNDING.— SEC. 309. INTELLECTUAL PROPERTY PROTEC- subsection; ‘‘(A) IN GENERAL.—The Secretary of De- TIONS. ‘‘(D) carrying out the program under sub- fense and each Secretary of a military de- (a) IN GENERAL.—The Comptroller General section (y); of the United States shall conduct a study of ‘‘(E) activities relating to oversight and partment may use not more than an amount the SBIR program to assess whether— congressional reporting, including the waste, equal to 1 percent of the funds available to (1) Federal agencies comply with the data fraud, and abuse prevention activities de- the Department of Defense or the military rights protections for SBIR awardees and the scribed in section 313(a)(1)(B)(ii) of the SBIR/ department pursuant to the Small Business technologies of SBIR awardees under section STTR Reauthorization Act of 2011; Innovation Research Program for payment 9 of the Small Business Act (15 U.S.C. 638); ‘‘(F) targeted reviews of recipients of of expenses incurred to administer the Com- (2) the laws and policy directives intended awards under the SBIR program or STTR mercialization Pilot Program under this sub- to clarify the scope of data rights, including program of the Federal agency that the head section. in prototypes and mentor-prote´ge´ relation- of the Federal agency determines are at high ‘‘(B) LIMITATIONS.—The funds described in ships and agreements with Federal labora- risk for fraud, waste, or abuse, to ensure subparagraph (A)— tories, are sufficient to protect SBIR award- compliance with requirements of the SBIR ‘‘(i) shall not be subject to the limitations ees; and program or STTR program, respectively; on the use of funds in subsection (f)(2); and (3) there is an effective grievance tracking ‘‘(G) the implementation of oversight and ‘‘(ii) shall not be used to make Phase III process for SBIR awardees who have griev- quality control measures, including awards.’’.

VerDate Mar 15 2010 01:17 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.003 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1630 CONGRESSIONAL RECORD — SENATE March 15, 2011 SEC. 312. GAO STUDY WITH RESPECT TO VEN- (ii) the effectiveness of the management (2) a report on the review by and rec- TURE CAPITAL OPERATING COM- information system of each Federal agency ommendations of the Committee under sub- PANY INVOLVEMENT. that participates in the SBIR program or section (c)(2) not later than 18 months after Not later than 3 years after the date of en- STTR program in identifying duplicative the date of enactment of this Act; and actment of this Act, and every 3 years there- SBIR and STTR projects; (3) a report on the review by and rec- after, the Comptroller General of the United (iii) the effectiveness of the risk manage- ommendations of the Committee under sub- States shall— ment strategies of each Federal agency that section (c)(3) not later than 2 years after the (1) conduct a study of the impact of re- participates in the SBIR program or STTR date of enactment of this Act. quirements relating to venture capital oper- program in identifying areas of the SBIR ating company involvement under section SEC. 315. SIMPLIFIED PAPERWORK REQUIRE- program or the STTR program that are at MENTS. 9(cc) of the Small Business Act, as added by high risk for fraud; Section 9(v) of the Small Business Act (15 section 108 of this Act; and (iv) technological tools that may be used U.S.C. 638(v)) is amended— (2) submit to Congress a report regarding to detect patterns of behavior that may indi- (1) in the subsection heading, by striking the study conducted under paragraph (1). cate fraud by applicants to the SBIR pro- ‘‘SIMPLIFIED REPORTING REQUIREMENTS’’ and SEC. 313. REDUCING VULNERABILITY OF SBIR gram or the STTR program; inserting ‘‘REDUCING PAPERWORK AND COMPLI- AND STTR PROGRAMS TO FRAUD, ANCE BURDEN’’; WASTE, AND ABUSE. (v) the success of each Federal agency that participates in the SBIR program or STTR (2) by striking ‘‘The Administrator’’ and in- (a) FRAUD, WASTE, AND ABUSE PREVEN- serting the following: TION.— program in reducing fraud, waste, and abuse ‘‘(1) STANDARDIZATION OF REPORTING RE- (1) GUIDELINES FOR FRAUD, WASTE, AND in the SBIR program or the STTR program of the Federal agency; and QUIREMENTS.—The Administrator’’; and ABUSE PREVENTION.— (3) by adding at the end the following: (A) AMENDMENTS REQUIRED.—Not later (vi) the extent to which the Inspector Gen- ‘‘(2) SIMPLIFICATION OF APPLICATION AND than 90 days after the date of enactment of eral of each Federal agency that participates AWARD PROCESS.—Not later than one year after this Act, the Administrator shall amend the in the SBIR program or STTR program effec- tively conducts investigations of individuals the date of enactment of this paragraph, and SBIR Policy Directive and the STTR Policy after a period of public comment, the Adminis- Directive to include measures to prevent alleged to have submitted false claims or violated Federal law relating to fraud, con- trator shall issue regulations or guidelines, tak- fraud, waste, and abuse in the SBIR program ing into consideration the unique needs of each and the STTR program. flicts of interest, bribery, gratuity, or other misconduct; and Federal agency, to ensure that each Federal (B) CONTENT OF AMENDMENTS.—The amend- agency required to carry out an SBIR program ments required under subparagraph (A) shall (B) submit to the Committee on Small Business and Entrepreneurship of the Sen- or STTR program simplifies and standardizes include— the program proposal, selection, contracting, (i) definitions or descriptions of fraud, ate, the Committee on Small Business of the House of Representatives, and the head of compliance, and audit procedures for the SBIR waste, and abuse; program or STTR program of the Federal agen- (ii) a requirement that the Inspectors Gen- each Federal agency that participates in the SBIR program or STTR program a report on cy (including procedures relating to overhead eral of each Federal agency that participates rates for applicants and documentation require- in the SBIR program or the STTR program the results of the study conducted under sub- paragraph (A). ments) to reduce the paperwork and regulatory cooperate to— compliance burden on small business concerns SEC. 314. INTERAGENCY POLICY COMMITTEE. (I) establish fraud detection indicators; applying to and participating in the SBIR pro- (a) ESTABLISHMENT.—The Director of the (II) review regulations and operating pro- gram or STTR program.’’. cedures of the Federal agencies; Office of Science and Technology Policy (in (III) coordinate information sharing be- this section referred to as the ‘‘Director’’), in TITLE IV—POLICY DIRECTIVES tween the Federal agencies; and conjunction with the Administrator, shall SEC. 401. CONFORMING AMENDMENTS TO THE (IV) improve the education and training of, establish an Interagency SBIR/STTR Policy SBIR AND THE STTR POLICY DIREC- and outreach to— Committee (in this section referred to as the TIVES. (aa) administrators of the SBIR program ‘‘Committee’’) comprised of 1 representative (a) IN GENERAL.—Not later than 180 days and the STTR program of each Federal agen- from each Federal agency with an SBIR pro- after the date of enactment of this Act, the cy; gram or an STTR program and 1 representa- Administrator shall promulgate amend- (bb) applicants to the SBIR program or the tive of the Office of Management and Budget. ments to the SBIR Policy Directive and the STTR program; and (b) COCHAIRPERSONS.—The Director and the STTR Policy Directive to conform such di- (cc) recipients of awards under the SBIR Administrator shall serve as cochairpersons rectives to this Act and the amendments program or the STTR program; of the Committee. made by this Act. (b) PUBLISHING SBIR POLICY DIRECTIVE AND (iii) guidelines for the monitoring and (c) DUTIES.—The Committee shall review, THE STTR POLICY DIRECTIVE IN THE FEDERAL oversight of applicants to and recipients of and make policy recommendations on ways REGISTER.—Not later than 180 days after the awards under the SBIR program or the STTR to improve the effectiveness and efficiency date of enactment of this Act, the Adminis- program; and of, the SBIR program and the STTR pro- trator shall publish the amended SBIR Pol- (iv) a requirement that each Federal agen- gram, including— icy Directive and the amended STTR Policy cy that participates in the SBIR program or (1) reviewing the effectiveness of the public Directive in the Federal Register. STTR program include the telephone number and government databases described in sec- of the hotline established under paragraph tion 9(k) of the Small Business Act (15 U.S.C. TITLE V—OTHER PROVISIONS (2)— 638(k)); SEC. 501. RESEARCH TOPICS AND PROGRAM DI- (I) on the Web site of the Federal agency; (2) identifying— VERSIFICATION. and (A) best practices for commercialization (a) SBIR PROGRAM.—Section 9(g) of the (II) in any solicitation or notice of funding assistance by Federal agencies that have sig- Small Business Act (15 U.S.C. 638(g)) is opportunity issued by the Federal agency for nificant potential to be employed by other amended— the SBIR program or the STTR program. Federal agencies; and (1) in paragraph (3)— (2) FRAUD, WASTE, AND ABUSE PREVENTION (B) proposals by Federal agencies for ini- (A) in the matter preceding subparagraph HOTLINE.— tiatives to address challenges for small busi- (A), by striking ‘‘broad research topics and (A) HOTLINE ESTABLISHED.—The Adminis- ness concerns in obtaining funding after a to topics that further 1 or more critical tech- trator shall establish a telephone hotline Phase II award ends and before commer- nologies’’ and inserting ‘‘applications to the that allows individuals to report fraud, cialization; and Federal agency for support of projects relat- waste, and abuse in the SBIR program or (3) developing and incorporating a standard ing to nanotechnology, rare diseases, secu- STTR program. evaluation framework to enable systematic rity, energy, transportation, or improving (B) PUBLICATION.—The Administrator shall assessment of the SBIR program and STTR the security and quality of the water supply include the telephone number for the hotline program, including through improved track- of the United States, and the efficiency of established under subparagraph (A) on the ing of awards and outcomes and development water delivery systems and usage patterns in Web site of the Administration. of performance measures for the SBIR pro- the United States (including the territories (b) STUDY AND REPORT.— gram and STTR program of each Federal of the United States) through the use of (1) STUDY.—Not later than 1 year after the agency. technology (to the extent that the projects date of enactment of this Act, and every 3 (d) REPORTS.—The Committee shall submit relate to the mission of the Federal agency), years thereafter, the Comptroller General of to the Committee on Small Business and En- broad research topics, and topics that fur- the United States shall— trepreneurship of the Senate and the Com- ther 1 or more critical technologies or re- (A) conduct a study that evaluates— mittee on Science and Technology and the search priorities’’; (i) the implementation by each Federal Committee on Small Business of the House (B) in subparagraph (A), by striking ‘‘or’’ agency that participates in the SBIR pro- of Representatives— at the end; and gram or the STTR program of the amend- (1) a report on the review by and rec- (C) by adding at the end the following: ments to the SBIR Policy Directive and the ommendations of the Committee under sub- ‘‘(C) the National Academy of Sciences, in STTR Policy Directive made pursuant to section (c)(1) not later than 1 year after the the final report issued by the ‘America’s En- subsection (a); date of enactment of this Act; ergy Future: Technology Opportunities,

VerDate Mar 15 2010 01:17 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.003 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1631 Risks, and Tradeoffs’ project, and in any sub- ‘‘(E) the National Academy of Sciences, in report describing in detail the results of an sequent report by the National Academy of the final report issued by the ‘Transit Re- evaluation conducted under paragraph (2). Sciences on sustainability, energy, or alter- search and Development: Federal Role in the ‘‘(B) PUBLIC AVAILABILITY OF REPORT.—The native fuels; National Program’ project and the report en- head of each Federal agency described in ‘‘(D) the National Institutes of Health, in titled ‘Transportation Research, Develop- paragraph (1) shall make each report sub- the annual report on the rare diseases re- ment and Technology Strategic Plan (2006– mitted under subparagraph (A) available to search activities of the National Institutes 2010)’ issued by the Research and Innovative the public online. of Health for fiscal year 2005, and in any sub- Technology Administration of the Depart- ‘‘(C) DEFINITION.—In this paragraph, the sequent report by the National Institutes of ment of Transportation, and in any subse- term ‘appropriate committees of Congress’ Health on rare diseases research activities; quent report issued by the National Acad- means— ‘‘(E) the National Academy of Sciences, in emy of Sciences or the Department of Trans- ‘‘(i) the Committee on Small Business and the final report issued by the ‘Transit Re- portation on transportation and infrastruc- Entrepreneurship of the Senate; and search and Development: Federal Role in the ture; or ‘‘(ii) the Committee on Small Business and National Program’ project and the report en- ‘‘(F) the national nanotechnology strategic the Committee on Science and Technology of titled ‘Transportation Research, Develop- plan required under section 2(c)(4) of the 21st the House of Representatives.’’. ment and Technology Strategic Plan (2006– Century Nanotechnology Research and De- SEC. 503. COMPETITIVE SELECTION PROCE- 2010)’ issued by the Research and Innovative velopment Act (15 U.S.C. 7501(c)(4)) and in DURES FOR SBIR AND STTR PRO- Technology Administration of the Depart- any report issued by the National Science GRAMS. ment of Transportation, and in any subse- and Technology Council Committee on Tech- Section 9 of the Small Business Act (15 quent report issued by the National Acad- nology that focuses on areas of nanotechnol- U.S.C. 638), as amended by this Act, is emy of Sciences or the Department of Trans- ogy identified in such plan;’’; amended by adding at the end the following: portation on transportation and infrastruc- (2) in paragraph (15), by striking ‘‘and’’ at ‘‘(mm) COMPETITIVE SELECTION PROCE- ture; or the end; DURES FOR SBIR AND STTR PROGRAMS.—All ‘‘(F) the national nanotechnology strategic (3) in paragraph (16), by striking the period funds awarded, appropriated, or otherwise plan required under section 2(c)(4) of the 21st at the end and inserting ‘‘; and’’; and made available in accordance with sub- Century Nanotechnology Research and De- (4) by adding at the end the following: section (f) or (n) must be awarded pursuant velopment Act (15 U.S.C. 7501(c)(4)) and in ‘‘(17) encourage applications under the to competitive and merit-based selection any report issued by the National Science STTR program (to the extent that the procedures.’’. and Technology Council Committee on Tech- projects relate to the mission of the Federal Ms. LANDRIEU. Madam President, I nology that focuses on areas of nanotechnol- agency)— ask unanimous consent that in pro- ogy identified in such plan;’’; and ‘‘(A) from small business concerns in geo- ceeding to the consideration of S. 493 (2) by adding after paragraph (12), as added graphic areas underrepresented in the STTR there be a period of debate until noon. by section 111(a) of this Act, the following: program or located in rural areas (as defined The ACTING PRESIDENT pro tem- ‘‘(13) encourage applications under the in section 1393(a)(2) of the Internal Revenue SBIR program (to the extent that the Code of 1986); pore. Without objection, it is so or- projects relate to the mission of the Federal ‘‘(B) small business concerns owned and dered. agency)— controlled by women; Ms. LANDRIEU. Madam President, I ‘‘(A) from small business concerns in geo- ‘‘(C) small business concerns owned and appreciate the cooperation of both graphic areas underrepresented in the SBIR controlled by veterans; leaders to help us get to the floor this program or located in rural areas (as defined ‘‘(D) small business concerns owned and morning for a debate on this very im- in section 1393(a)(2) of the Internal Revenue controlled by Native Americans; and portant piece of legislation and one Code of 1986); ‘‘(E) small business concerns located in a that we have actually and, unfortu- ‘‘(B) small business concerns owned and geographic area with an unemployment rates nately, struggled with for the last two controlled by women; that exceed the national unemployment ‘‘(C) small business concerns owned and Congresses. rate, based on the most recently available The Acting President pro tempore controlled by veterans; monthly publications of the Bureau of Labor ‘‘(D) small business concerns owned and Statistics of the Department of Labor.’’. knows, as a member of the Small Busi- controlled by Native Americans; and (c) RESEARCH AND DEVELOPMENT FOCUS.— ness Committee and as a Senator from ‘‘(E) small business concerns located in a Section 9(x) of the Small Business Act (15 New Hampshire, how important this geographic area with an unemployment rates U.S.C. 638(x)) is amended— piece of legislation is as we continue to that exceed the national unemployment (1) by striking paragraph (2); and fight—and that is what the word is, rate, based on the most recently available (2) by redesignating paragraph (3) as para- ‘‘fight’’—to create jobs right here at monthly publications of the Bureau of Labor graph (2). home in America, not just on Wall Statistics of the Department of Labor.’’. SEC. 502. REPORT ON SBIR AND STTR PROGRAM (b) STTR PROGRAM.—Section 9(o) of the GOALS. Street, not just in the fancy places, but Small Business Act (15 U.S.C. 638(o)), as Section 9 of the Small Business Act (15 on Main Street in our hometowns all amended by section 111(b) of this Act, is U.S.C. 638), as amended by this Act, is over America. amended— amended by adding at the end the following: Senator SNOWE and I are on the Sen- (1) in paragraph (3)— ‘‘(ll) ANNUAL REPORT ON SBIR AND STTR ate floor today together, happily, to (A) in the matter preceding subparagraph PROGRAM GOALS.— talk about a bill into which she has put (A), by striking ‘‘broad research topics and ‘‘(1) DEVELOPMENT OF METRICS.—The head a tremendous amount of time and ef- to topics that further 1 or more critical tech- of each Federal agency required to partici- fort before as the chair of the com- nologies’’ and inserting ‘‘applications to the pate in the SBIR program or the STTR pro- Federal agency for support of projects relat- gram shall develop metrics to evaluate the mittee. I serve as the chair of the com- ing to nanotechnology, security, energy, rare effectiveness, and the benefit to the people of mittee, and she is my very able rank- diseases, transportation, or improving the the United States, of the SBIR program and ing member. Together our staffs have security and quality of the water supply of the STTR program of the Federal agency worked very closely for a long period of the United States (to the extent that the that— time to try to fashion the compromise projects relate to the mission of the Federal ‘‘(A) are science-based and statistically that is before the Senate today. agency), broad research topics, and topics driven; I thank the 84, I believe, Members of that further 1 or more critical technologies ‘‘(B) reflect the mission of the Federal the Senate who voted for cloture last or research priorities’’; agency; and night. I know the rules of the Senate (B) in subparagraph (A), by striking ‘‘or’’ ‘‘(C) include factors relating to the eco- are strange, still, to many Americans. at the end; and nomic impact of the programs. (C) by adding at the end the following: ‘‘(2) EVALUATION.—The head of each Fed- But we cannot operate without unani- ‘‘(C) the National Academy of Sciences, in eral agency described in paragraph (1) shall mous consent. So it takes an extra spe- the final report issued by the ‘America’s En- conduct an annual evaluation using the cial level of cooperation. While we did ergy Future: Technology Opportunities, metrics developed under paragraph (1) of— not get everyone last night to go on Risks, and Tradeoffs’ project, and in any sub- ‘‘(A) the SBIR program and the STTR pro- the record, we did get the prerequisite sequent report by the National Academy of gram of the Federal agency; and number—above 60—to move to this de- Sciences on sustainability, energy, or alter- ‘‘(B) the benefits to the people of the bate. I am hoping our amendment proc- native fuels; United States of the SBIR program and the ess can be very smooth, that we stay ‘‘(D) the National Institutes of Health, in STTR program of the Federal agency. focused on small business-related the annual report on the rare diseases re- ‘‘(3) REPORT.— search activities of the National Institutes ‘‘(A) IN GENERAL.—The head of each Fed- amendments, that we work in good of Health for fiscal year 2005, and in any sub- eral agency described in paragraph (1) shall faith, and, hopefully, in the next couple sequent report by the National Institutes of submit to the appropriate committees of of days we can get this bill off the floor Health on rare diseases research activities; Congress and the Administrator an annual because this is a job creator.

VerDate Mar 15 2010 01:17 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.003 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1632 CONGRESSIONAL RECORD — SENATE March 15, 2011 One of the Senators was here earlier technological innovations and break- they were seeing. They got an SBIR this morning talking about creating an throughs, this program was created. grant of $150,000, and then they were atmosphere for job growth and develop- Let me share with you what a gen- subsequently awarded, because they de- ment. Tax codes do some of that, Fed- tleman who testified before our com- veloped the idea, to $1.5 million. They eral investments in infrastructure do mittee—we have had several hearings got another grant, which are the limits that, investments in education do that. on this particular program, and no pro- of the program. This program has lim- But one other thing that does it is gram is perfect. Let me begin with its. You have to test your idea, and fashioning Federal programs that work this: This program is not perfect. But then you come back for phase II fund- for the job creators of America, and we are perfecting it as we bring this ing. that is what the SBIR Program does bill to you. We have looked at its Well, Qualcomm now employs 17,500 and the STTR Program does. It is the weaknesses. We have tried in our reau- people. They are operating in 22 coun- Federal Government’s largest research thorization to correct those, to firm tries. They paid more in taxes last year and development investment program those up. But the gentleman who is ac- to local, State, and Federal govern- for small businesses. It was created ac- tually probably the leading expert on ments than 50 percent of the cost of tually 30 years ago, and the idea devel- this program, Dr. Wessner, of the Na- this entire program. So that is one suc- oped from one of our outstanding Fed- tional Research Council, recently testi- cess story. That is what I mean when I eral workers. fied before our committee. He said: say: When it hits, it hits big. Now, not every company will turn Roland Tibbetts was a staffer at the An important point to keep in mind is National Science Foundation. He took [that] you can have really good ideas that into Qualcomm. But without programs the lead in 1976 in directing a greater die. They will die because they do not have like this, there is what they call a val- and more significant share of the re- funding. ley of death. There are ideas that are search and development budget of the Not because they do not have poten- created out of the minds and hearts of National Science Foundation and di- tial but because they do not have fund- Americans who have been well edu- rected it to small business in a new in- ing. I would add to this, particularly in cated, raised to believe that dreams novation program. this time of recession and tightening come true, and are encouraged to risk. Why did he do this? He did it because back on capital and the closing down of We are natural risk takers. We have these ideas and these innovations. But from his position, directing a very es- credit card lending: If you think it is what happens is, if there is not that tablished and strong research compo- normally tough for entrepreneurs and important, early funding to develop nent, he saw the Federal Government innovators and discoverers and inven- that kind of science and technology, in giving most of its awards to large busi- tors to get capital, it has been a very large measure some of these ideas just nesses. I think—although I have not rocky road in the last year or two. So fall into the valley of death. We are spoken to him personally; but I most he said these ideas just die. going to catch them. That is what this certainly intend to because he has tes- He said: bill does. It is what it attempts to do. tified before former committees—I am SBIR brings capital to transform those imagining he probably had a heart for So as it has grown and developed— ideas into innovations. You are not done and we have reauthorized it over the actually wanting to find cures for some then . . . but that gets you the innovation diseases and realized that not all of and product development and the start of the years—there have been some important that technology and innovation rested uptake. . . . The rest of the world thinks this changes and improvements. with the large companies; that, in fact, is the greatest thing since sliced bread. . . . I am going to recognize the ranking there might be small pharmaceutical The rest of the world is copying it, putting it member, but I want to finish up in just companies or brilliant scientists in on steroids, while we are debating it. a few minutes. In 1980, the White House Conference Maine or in New Hampshire or in Lou- That is the point I want to make. We on Small Business echoed these senti- isiana who had discovered or had the have debated the reauthorization of ments, recognized the value of the pro- potential to discover something that this legislation for 6 years. The time gram. The end result of the rec- could be transformative. So this staffer has come to stop the debate, pass the ommendation was this program, as I said: Let’s set aside or direct a small bill, and recognize this is a world said, first authored by Senator Warren portion, but an important portion, to model. No program is perfect. But the Rudman. It had 84 cosponsors, 8 of small businesses. That is how this pro- wisdom and the importance of setting whom are still serving in the Senate: gram began. aside a small portion of the research I am so pleased with this funding, and development programs of all the Senator BAUCUS, Senator COCHRAN, which only government can do. Only Federal agencies, and then to train our Senator GRASSLEY, Senator HATCH, government can do this. There are cer- workforce and our managers to look Senator INOUYE, Senator LEAHY, Sen- tain things the private sector does out, seek, and find some of the inter- ator LEVIN, and Senator LUGAR. They well. They do venture capital when an esting technologies that could be cre- all were original sponsors of this bill. I idea has been proven or when the po- ated and grow into big businesses is hope they are proud. In their careers tential has clearly been established or very forward thinking, and we should they have sponsored many bills. I hope when the potential is at least clearly be very grateful to Roland Tibbetts and they are proud of this one because it established in the mind of one or two the Senators and Representatives who has done its job and it has helped individuals—such as the guy who cre- started this program. America to continue to honor our en- ated Facebook or Bill Gates with Senator Warren Rudman took this trepreneurs and our inventors. As I mentioned, Senator Rudman, a Microsoft. But mostly great ideas need idea, saw this pilot program, and made Republican from New Hampshire, and early, patient capital—very risky, but it a national program. We have him once a member of our committee, was when it hits, it hits big. and others to thank for the jobs, the That is what this program does. It businesses that have been created. the Senate champion for the creation sets aside 2.5 to 3 percent of all the re- Let me give you one example. The of the SBIR and STTR Programs. He search and development budgets of all founder of Qualcomm came and testi- was a true statesman—a man of vision the Federal agencies ranging from the fied before our committee. Qualcomm with regard to the importance of tech- Department of Defense, which is about is a very famous business. It developed nology to our economy. I wish to quote $1 billion that would be contributed to a lot of technologies that made wire- him as we begin this debate: this program, down to the smaller less communications possible. It start- The issue addressed in Senate bill 881— agencies, which have maybe up to a ed 25 years ago in the den of its found- The bill at the time— couple million dollars in their research er, Dr. Jacobs. He testified before the is one which plays an underlying role in the budgets. But out of that very pilot-like committee and said basically ability of this Nation to maintain its secu- initiative back in 1976, that was fo- Qualcomm was just at one time, 25 rity to achieve energy independence, in- crease productivity, and preserve the quality cused on discovering, funding, and years ago, an exciting new idea. It was of life we all enjoy. Our national strength evaluating the initial highest risk, not a company. It was not a business. and confidence in these areas depend upon most cost-cutting exploratory research He and 35 of his colleagues consulted maintaining a leading role in technological that is necessary to achieve significant and talked about the new technologies superiority.

VerDate Mar 15 2010 01:17 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.006 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1633 That is what he said in his opening the Chair for working mightily on both the Small Business Innovation Devel- statement at the Senate Subcommittee sides of the aisle and in the committee, opment Act of 1982. As the Chair indi- on Innovation and Technology on June accommodating bipartisanship by al- cated, I was an original cosponsor in 30, 1981. lowing the new members of the com- the House—hopefully that is not dating Senator SNOWE was in the House at mittee—particularly on our side of the myself too much—which set four goals the time. She was a Congresswoman aisle where we have five new members for the program: stimulate techno- when President Reagan signed this leg- of the committee—who were not able logical innovation; use small business islation, creating it in 1982. She quoted to have the opportunity to review this to meet Federal R&D funds; foster and from President Reagan. I know she will legislation as new Members of the Sen- encourage participation by minority probably remember this and I think it ate because we had passed this unani- and disadvantaged persons in the tech- is worth repeating: mously in the last session of Congress. nological innovation; and increase pri- Our nation is blessed with two important So she did hold a hearing and a markup vate-sector commercialization of inno- qualities that are often missing in other so- to accommodate those views and give vation derived from Federal R&D. cieties, our spirit of entrepreneurship and them a chance to review this legisla- The STTR program was established our capacity for invention and innovation. tion as well as to amend it in the com- in 1992 to complement the SBIR pro- These two elements are combined in the mittee. I know some of the Members gram by stimulating partnerships be- small businesses that dot our land. will have amendments they will offer tween small businesses and nonprofit I am proud to bring this bill to the on the floor as well. So I wish to thank research institutions such as univer- floor. It has had extraordinarily posi- the Chair for accommodating those sities and research laboratories. To- tive and noble champions since its be- various issues and the members of the gether, these vital job creation pro- ginning. As I said, no program is per- committee as they attempted their grams have provided small firms with fect, but we have tried in this reau- new duties as members of the Small over $28 billion during their lifespans. thorization to look at the places where Business Committee. These programs have been front and the program is weak and strengthen it. I also wish to thank the Chair for center in improving our Nation’s ca- I will go through some of those details working through these issues dili- pacity to be innovative. According to a in the latter part of the afternoon. But gently, because these are two critical report by the Information Technology for an overview this morning, I wanted programs, as she indicated in her open- and Innovation Foundation, SBIR- to give more of a historical context of ing statement, that are crucial to backed firms have been responsible for this bill, and to thank the Members for small businesses, but also important to roughly 25 percent of the Nation’s most moving so quickly at our request to innovation in America. crucial innovations over the past dec- the bill. Reauthorizing both the SBIR and the ade—‘‘a powerful indication that the I look forward to the debate. I hope STTR Programs represents a profound SBIR program has become a key force Members will be responsible in offering opportunity for us to reaffirm the in the innovation economy of the their amendments. I know the time for truth in the optimistic vision of Amer- United States.’’ debate on the floor is precious. We wish ica that indeed it is small businesses Furthermore, a comprehensive 2008 to limit debate to be focused around that are going to make the contribu- National Academy of Sciences study of the principles, at least, and the details tions not only for job creation but the SBIR program noted that more of this bill as best we can so we can get through their innovation and inven- than 20 percent of companies respond- this program reauthorized. Then we tions, as the Chair mentioned, with ing to their survey noted they were can continue to be the leaders in cut- President Reagan’s comments many founded entirely, or at least in part, ting-edge innovation, and the Federal years ago. That is why I am very ex- because of a prospective SBIR award, Government can do its part—an impor- cited about reauthorizing these pro- and a full two-thirds said the projects tant part—that venture capitalists grams, which foster an environment of they performed would not have taken can’t do, big banks don’t want to do, innovative entrepreneurship by direct- place without the funding. Just under investment bankers aren’t made to do, ing more than $2 billion annually in half of the projects pursued in the and small community banks don’t do Federal research and development SBIR program reached the market- in this kind of lending. Only patient, funding to the Nation’s small firms place, bringing countless new innova- directed capital can give that boost most likely to create jobs and commer- tions to our everyday lives. Addition- over the valley of death and create cialize their products. ally, the study noted that over one- that bridge so small businesses and our Small businesses are our Nation’s job third of the companies awarded SBIR scientists and engineers can walk over generators, employing more than half funding participate in the program for it safely. of all private-sector employees and cre- the first time each year, thus . . . ‘‘en- I wish to recognize at this time my ating 64 percent of the net new jobs couraging innovation across a broad ranking member and thank her for her over the past 15 years. They also rep- spectrum of firms.’’ It concludes that support of this legislation from its be- resent 99.7 percent of all employer SBIR is ‘‘sound in concept and effective ginning and her championship to this firms. Furthermore, small businesses in practice.’’ day. are our Nation’s most effective In fact, there is a wide range of re- For clarification purposes, the time innovators, producing roughly 13 times markable success stories associated until noon will be for debate only and more patents per employee than large with the SBIR program, including no amendments until after lunch. firms—patents which are at least two Qualcomm, which the Chair mentioned, I yield to Senator SNOWE. times as likely to be among the top 1 which is a remarkable story. The PRESIDING OFFICER (Mr. percent of high-impact patents. Recipi- Qualcomm received roughly $1.5 billion TESTER). The Senator from Maine. ents of both of these programs have in SBIR grants to pursue several inno- Ms. SNOWE. Mr. President, first I produced more than 85,000 patents and vative programs and develop break- wish to commend the Chair of the have generated millions of well-paying through technologies. Now it employs Small Business Committee. She has jobs across all 50 States. It is crucial, 17,500 individuals worldwide with an done an extraordinary job in bringing then, that both of these programs—one annual revenue of $11 billion. In fiscal this legislation to the floor in a bipar- of the strongest examples of a success- year 2010 alone, Qualcomm paid $1.4 tisan fashion, which I think is so essen- ful public-private partnership—be a billion in Federal, State, and local tial to ensuring the passage of this leg- key part of our job creation agenda. taxes—a significant return on invest- islation which, suffice it to say, has The SBIR program got its start at ment. been long overdue. It has been on a the National Science Foundation back Another example of SBIR’s success is long journey since 2008 in terms of ex- in 1976 following growing concerns that LASIK eye surgery. The company be- tensions and reextensions, but we have small businesses were not receiving an hind the technology for the procedure never been able to accomplish a reau- adequate share of Federal research and received SBIR awards from both NASA thorization for a variety of reasons development funding despite their and the Department of Defense. In the which I will explain later in my state- prominent role in innovation. It was 1980s, NASA awarded funding for a ment. But I do wish to congratulate officially established in law as part of project developing technology for

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According to and pass this legislation to provide Commerce, NFIB, Small Business NIH, which made the award, SBIR these crucial innovation initiatives Technology Council, to the Bio- funding allowed the firm that devel- with certainty for the future. As the technology Industry Organization, the oped the technology to create a $300 U.S. Chamber of Commerce has noted: National Venture Capital Association, million business, employing over 500 [E]ven though this important program for and a whole host of other organiza- individuals. the small business has a proven track record tions, as we can see on this chart. In my home State of Maine, Tex Tech of success, its full potential has been held It is critical to note that funding for Industries has researched and devel- hostage by a series of short-term reauthor- both of these programs is meant to oped high-tech textiles that are used in izations which has created uncertainty for serve as early-stage seed capital for eli- body armor for U.S. troops and bullet- SBIR program managers and limitations for gible small businesses. In general, ven- potential small business grant recipients. proof vests for public safety personnel. ture capital companies invest in firms Tex Tech also developed a fire-resist- As in the previous two Congresses, that are further along in their develop- ant material to be used as the primary our legislation increases the allocation ment and commercialization, and they fire barrier in the seating cabins of new for SBIR from 2.5 percent of an agen- focus on larger investments that are commercial aircraft. cy’s extramural research and develop- easier to manage than is normally ap- Additionally, BioSciCon in Maryland ment to 3.5 percent for over 10 years, propriate for many small, innovative is responsible for the MarkPap system, and doubles the STTR allocations from technology firms. Nonetheless, particu- which is a diagnostic device that tests 0.3 to 0.6 percent over 5 years. This larly for firms in the biotechnology in- for cervical cancer and can be used as means the Federal Government can dustry, venture capital investment is a research tool to improve cervical make more awards to a greater number essentially a necessity to commer- cancer screening. of small businesses out of its existing cialize their technology. Other companies such as Symantec, research and development budget. It Here is what some of the groups en- which makes antivirus software for would also codify increased award sizes dorsing our legislation have to say computers, and Genzyme, one of the of $150,000 for phase I and $1 million for about the compromise we arrived at. world’s leading biotechnology firms, phase II in the SBIR program, and Mr. President, I ask unanimous con- apply those levels to the STTR pro- all received SBIR funding at some sent to have printed in the RECORD let- point during their formative years. gram as well to adjust for inflation. ters of support we have received re- Some of these firms are now household The last statutory increase in award garding this legislation, as well as the names; others are still small businesses sizes for the SBIR program was 19 report from the Information Tech- with a plethora of novel ideas. years ago as part of the 1992 reauthor- nology and Innovation Foundation I As these examples demonstrate, ization. referenced earlier. SBIR funding has helped small busi- It is critical that we bring the pro- There being no objection, the mate- nesses nationwide develop incredible gram into the 21st century to acknowl- rial was ordered to be printed in the breakthrough technologies for a whole edge the growing costs of quality re- RECORD, as follows: host of applications. These are innova- search. CHAMBER OF COMMERCE OF THE tions we use in our everyday lives, that Furthermore, in December, Chair UNITED STATES OF AMERICA, help strengthen our national defense, LANDRIEU and I sent a letter to SBA Washington, DC, March 8, 2011. improve our health, and boost our com- Administrator Karen Mills stating that Hon. MARY L. LANDRIEU, petitiveness. Regrettably the SBIR rooting out fraud and abuse in the Chairwoman, Committee on Small Business and program expired in September 2008 and agency’s program will be our commit- Entrepreneurship, U.S. Senate, Washington, has been subject to a series of 10 short- tee’s first priority this Congress. To DC. term, temporary extensions since then, that end, this bill includes stringent Hon. OLYMPIA J. SNOWE, plaguing the programs with uncer- oversight and fraud prevention meas- Ranking Member, Committee on Small Business ures, requiring inspectors general of and Entrepreneurship, U.S. Senate, Wash- tainty and potentially dissuading some ington, DC. of our Nation’s most promising firms participating Federal agencies to es- DEAR CHAIRWOMAN LANDRIEU AND RANKING from participating in them. This is leg- tablish fraud detection measures. MEMBER SNOWE: The U.S. Chamber of Com- islation that our committee has In a similar vein, the legislation in- merce, the world’s largest business federa- worked to have signed into law for cludes a series of data-collection provi- tion representing the interests of more than nearly 6 years—since the time, in fact, sions that we worked on with Senator three million businesses and organizations of when I was chair of the committee. In- COBURN to ensure we have a better base every size, sector, and region, strongly sup- deed, we passed legislation out of the of information to use when considering ports S. 493, the ‘‘SBIR/STTR Reauthoriza- future policy changes to the programs tion Act of 2011,’’ which, if enacted into law, Small Business Committee unani- would unleash the innovative talents of our mously in 2006 to preempt this stale- and engaging in necessary oversight. nation’s entrepreneurs to help create jobs mate by making improvements to the This reauthorization act contains an and revive the economy. program and doubling the SBIR alloca- unprecedented compromise on the ven- The Small Business Innovative Research tion from 2.5 percent to 5 percent over ture capital issue which has long Program (SBIR) serves as an important ave- 5 years, and doubling the STTR alloca- bogged down any serious progress in re- nue by which agencies harness the creativity tion immediately. authorizing these valuable programs. It and ingenuity of small business to meet spe- Last Congress, with our Chair, we would make firms majority owned by cific research and development needs of the once again passed legislation out of our multiple venture capital companies eli- Federal government. In effect, this program requires federal agencies with a certain level committee unanimously which was gible for up to 25 percent of SBIR funds of research dollars to give a small percent- very similar to the bill we reported out at the National Institute of Health, Na- age of those dollars to small businesses in the previous Congress. Specifically, tional Science Foundation, and Depart- through a competitive grant process. it maintained the allocation increases ment of Energy, and up to 15 percent of Even though this important program for spread out incrementally that had been the funds at the remaining agencies. small business has a proven track record of developed in the previous Congress as a My longstanding guiding principle on success, its full potential has been held hos- compromise, as well as the 18-and-8 reauthorization of these programs has tage by a series of short-term reauthoriza- compromise on the venture capital been simple: These are small business tions which has created uncertainty for SBIR program managers and limitations for issue. This time, the full Senate passed programs, not big business programs or potential small business grant recipients. the legislation unanimously and sent it venture capital programs. I have This landmark compromise bill, if passed to the House of Representatives, where worked closely with Chair LANDRIEU to into law, would unlock the door for entry for the bill sat. ensure changes we make to these pro- businesses that acquire equity funding

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through venture capital firms without di- Although the SBIR program allocation in- SMALL BUSINESS CALIFORNIA, minishing the programs effectiveness for tra- crease of 1% is critically important, such al- San Francisco, CA, March 8, 2011. ditional small businesses, thus setting the location presents another opportunity for Hon. MARY LANDRIEU, stage for a robust and revitalized SBIR pro- the Committee to explore a more robust ex- Dirksen Senate Office Building, gram. pansion. Because the 1% increase is spread Washington, DC. Ninety-six percent of the Chamber’s mem- evenly over 10 years, further adjusting the DEAR SENATOR LANDRIEU: Small Business bers are small businesses with fewer than increase would give stakeholders plenty of California supports greater private sector one-hundred employees. On behalf of our notice to plan accordingly. participation in the market for Federal Re- smaller members, we thank you for intro- As the bill moves to the floor, we’d like to search and Development, and especially in- ducing the ‘‘SBIR/STTR Reauthorization Act creased engagement of small businesses of 2011’’ and look forward to working with suggest one new proposal that could be added to a Manager’s Amendment. We continue to through open, merit-based, and competitive you to expeditiously pass it into law. bidding. Sincerely, hear that one of the major costs that start- The R&D dollars spent at small business R. BRUCE JOSTEN. ups face are the legal costs to secure intel- lectual property rights through the patent deliver outsized returns. As of 2005, the Small Business Innovation Research (SBIR) CONNECT, and trademark application process. Because program has created over 87,000 patents. Washington, DC, March 8, 2011. IP is indispensable for a start-up’s growth, Overhead rates at many small companies are Hon. MARY LANDRIEU, the Committee should consider allowing a 1/2 to 1/3rd of the administrative costs typ- Hon. OLYMPIA SNOWE, percentage of Phase I awards (possibly up to ical of larger organizations. U.S. Senate, Small Business and Entrepreneur- one third) to be directed toward IP acquisi- ship Committee, Russell Senate Office Build- tion. The employment of scientists and engi- ing, Washington, DC. neers at small companies has grown rapidly Again, thank you for your work to advance over the last 20 years, now accounting for DEAR CHAIR LANDRIEU AND RANKING MEM- the cause of SBIR/STTR reauthorization. We BER SNOWE: As the Committee meets to more than 50% of scientists and engineers in are ready to assist you, your staff, and other the United States. Nothing could be more markup S. 493—the SBIR/STTR Reauthoriza- Committee members as the bill moves onto tion Act of 2011, I write to introduce you to critical to the competitiveness of the United the Senate floor. States than to open the Federal marketplace CONNECT and to encourage the Committee’s Best wishes, support of S. 493 since the bill will have a to participation by the fastest growing and TIMOTHY TARDIBONO, the most productive sector of the economy, positive impact in the formation of start-up Director of Public Policy. technology companies. The formation of America’s small businesses. such companies will create jobs and help re- Small Business California is therefore juvenate the American economy. We appre- DAWNBREAKER ® pleased to support S. 493 to reauthorize the ciate your strong and consistent leadership Rochester, New York, March 8, 2011. highly successful SBIR program. in shepherding previous versions of this re- Hon. MARY L. LANDRIEU, Sincerely, authorization through the Committee and Chairwoman, U.S. Senate, Committee on Small SCOTT HAUGE, the Senate floor. Business and Entrepreneurship, Russell President. CONNECT is an innovation accelerator Senate Office Bldg., Washington, DC. with the mission to assist entrepreneurs in Hon. OLYMPIA J. SNOWE, NATIONAL DEFENSE INDUSTRIAL their efforts to propel creative ideas and Ranking Member, U.S. Senate, Committee on ASSOCIATION, emerging technologies to the marketplace. Small Business and Entrepreneurship, Rus- Arlington, VA, March 8, 2011. As a regional innovation development orga- sell Senate Office Bldg., Washington, DC. Hon. MARY L. LANDRIEU, nization, our commercialization efforts in DEAR CHAIRWOMAN LANDRIEU AND RANKING United States Senate, Senate Committee on Southern California span the spectrum of MEMBER SNOWE: I am writing to express my Small Business and Entrepreneurship, technologies from IT, wireless health, soft- support for S. 493, the ‘‘SBIR and STTR Re- Washington, DC. ware, clean energy, environmental, life authorization Act of 2011.’’ In 2008, the Na- DEAR MADAM CHAIRWOMAN: On behalf of the sciences/biotech, defense and security, and tional Research Council completed a com- 1,743 corporate members and over 87,755 indi- sports/action technologies. Over the last 25 prehensive assessment of the SBIR program vidual members of the National Defense In- years, CONNECT’s commercialization capac- and found the program to be, ‘‘sound in con- dustrial Association (NDIA), I am writing to ity-building model has helped over 2,000 cept and effective in practice.’’ Reflecting express our support for S. 493, the SBIR/STIR start-ups and has been replicated in numer- the sentiment of the NRC study, S. 493 pre- Reauthorization Act of 2011. ous U.S. cities, states and regions, as well as serves the program’s concept and improves Small business represents about two thirds overseas. of NDIA’s total membership and we regard From our experience, CONNECT knows its effectiveness. the SBIR program as the nation’s most via- that the Small Business Innovation Research This legislation ensures the economic en- ble tool in leveraging small business re- and Small Business Technology Transfer gine of our nation—small businesses—will sources that employ about half of the U.S. programs can be advantageous to start-up have access to a larger share of federal re- workforce. American small businesses cur- formation, thus CONNECT’s interest in S. search funding. This is timely and necessary rently employ more than half of all U.S. sci- 493 is profound. Because acquiring funding given the fragile state of our economy. These entists and engineers, yet have access to less through traditional lending sources con- programs play a critical role in our innova- than five percent of government research tinues to prove difficult in today’s tight tion ecosystem by providing important com- and development funds. One critical access credit market, SBIR/STTR grants provide petitively awarded seed funding for prom- point to those funds is the SBIR Program. tech start-up companies another viable ising innovative ideas. With proper nur- SBIR awards have led to important develop- chance to compete for early-stage funding. turing, these ideas will grow into engines of ments in technologies that directly sup- We recognize the delicate balance that S. economic growth and the solutions for to- ported our war fighters. 493 strikes related to the issue of venture- morrow’s most pressing technological chal- backed applicants and are grateful for the ef- lenges. As I have previously testified before Con- forts made to reach an agreement. However, gress, NDIA has a laser focus on American Dawnbreaker is a small women-owned we encourage the Committee to explore a competitiveness in a global defense industry business and we have had the great fortune more robust approach that would increase that increasingly challenges our members to work side-by-side with more than 3,000 the percentage of funds available to VC- for primacy. We have therefore concluded SBIR recipients since 1992. We consistently backed applicants because such applicants that small business resources offer our de- hear from SBIR awardees about the need for provide extra value to the American tax- fense industry the competitive advantages increased award levels so they can further payer. Given that venture capital firms con- needed in these especially difficult economic the maturation of their technologies; more duct extensive due diligence reviews before times. efficient program management across the investing, venture-backed applicants have Madam Chairwoman, NDIA and its member agencies; and, the need for additional com- already demonstrated a strong business plan companies support S. 493 and urge the Sen- mercialization support—this bill remedies by which to break into an industry sector. In ate to consider this bill as promptly as pos- these concerns and accomplishes a lot more. this time when the federal dollar needs to re- sible. We thank you for your leadership and turn revenues to the Treasury, allowing for S. 493 ensures that our nation’s most im- commitment to work in support of small more VC-backed applicants increases the portant small business research and develop- businesses. likelihood that SBIR/STTR funds will create ment program will continue while operating If NDIA can be of any further assistance, new jobs and grow companies in a way that more efficiently. Dawnbreaker supports S. please feel free to have a member of your will generate new tax revenue. 493, and we thank you both for your efforts staff contact Mr. Peter Steffes, Vice Presi- The Committee is right on point in pro- to see this deserving program reauthorized dent Government Policy for NDIA. posing to increase award amounts and add- and improved. Sincerely and respectfully, ing new data collection, reporting require- Sincerely, LAWRENCE P. FARRELL, JR., ments, and performance metrics to ensure JENNY C. SERVO, Lt. General, USAF (Ret), the SBIR/STTR missions are being upheld. President. President and CEO.

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THE NEW ENGLAND ture-backed companies to have a fair chance ize the Small Business Innovation Research INNOVATION ALLIANCE, to thrive under the SBIR program alongside (SBIR) and Small Business Technology March, 7, 2011. non-venture-backed counterparts. Doing so Transfer Program (STTR) programs. This Hon. MARY L. LANDRIEU, will only strengthen the future success of bill represents a balanced approach to ensure Chair, Committee on Small Business & Entrepre- the program. that America’s most innovative small busi- neurship, United States Senate, Wash- For these reasons, I hope the Senate will nesses can access existing incentives to grow ington, DC. move quickly and pass S. 493, the SBIR/ jobs by commercializing new discoveries. As DEAR SENATOR LANDRIEU: The New Eng- STTR Reauthorization Act of 2011, and work such, I commend you for your introduction land Innovation Alliance represents scores of with the House on an appropriate com- of S. 493 and I urge the committee to favor- small high technology businesses with a promise prior to the May 31, 2011 reauthor- ably report the legislation to the full Senate vital interest in the SBIR and STTR pro- ization deadline. for prompt consideration. grams. We know that you understand how Sincerely, In particular, I am writing in support of important this program is in creating ad- MARK G. HEESEN, the bill’s provisions allowing greater access vanced technologies, products and jobs. How- President. to SBIR funds for small businesses reliant ever, SBIR and STTR have been operating upon venture capital financing. Small bio- under ten continuing resolutions since 2008. SMALL BUSINESS technology, medical device and other life It is scheduled to expire on May 31, 2011. This TECHNOLOGY COUNCIL, sciences firms increasingly rely on venture uncertainty has adversely affected small March 7, 2011. capital investments to fund research and de- business and the SBIR/STTR program, and it Hon. MARY LANDRIEU, velopment. The legislation will correct a needs to be reauthorized immediately. U.S. Senate, Dirksen Senate Office Building, regulatory interpretation made by SBA in It should be noted that NEIA companies Washington, DC. 2003 which revoked the eligibility of many DEAR SENATOR LANDRIEU: As the nation’s have worked closely with university re- venture capital-reliant small companies largest tech-oriented small business organi- searchers across the country, providing over from participating in the SBIR and STTR zation representing diverse industries, the $50M in subcontracts to more than 60 univer- programs over the last several years. This Small Business Technology Council (SBTC) sities over the past five years. We believe provision will ensure that many of America’s would like to express its support on behalf of that small high tech companies and the most innovative small businesses are not ex- its members for S. 493, ‘‘The SBIR/STTR Re- SBIR/STTR program provide the ideal bridge cluded simply because of how they raise cap- authorization Act of 2011’’. This bipartisan from academia to the marketplace, while ital and can once again compete in the SBIR legislation is the result of years of negotia- providing future employment to tens of and STTR programs based on scientific tions and compromise between both parties thousands of science and engineering grad- merit. The legislation will help to ensure and the many organizations that have a uates. that small, U.S. biotech companies have in- The New England Innovation Alliance sup- stake in this program. It is thanks to the creased access to capital for meritorious cut- ports the passage of Senate Bill S. 493. hard work and leadership of yourself and ting-edge, early-stage research. Respectfully, Ranking Member Snowe that an agreement Small biotechnology companies face the ROBERT F. WEISS, between those stakeholders was finally Chairman. reached. constant challenge of raising sufficient cap- The Small Business Innovation Research ital to fund biomedical research. This fund- ing shortage is most acute for research NATIONAL VENTURE (SBIR) Program is one of the most successful projects at the earliest stages, exactly the CAPITAL ASSOCIATION, innovation programs in the country, pro- March 8, 2011. viding technology-oriented small businesses point at which SBIR funds can be most pro- ductive in fostering science and innovation. Hon. MARY L. LANDRIEU, with seed-stage R&D funding that they oth- Chairwoman, Senate Small Business Committee, erwise would not have access to. It has been By filling this market gap, SBIR funds have U.S. Senate, Russell Senate Office Building, praised by multiple studies from the Na- helped small biotechnology companies con- Washington, DC. tional Academies of Science, and has in- tinue lines of medical research that might otherwise go unfunded. The legislation will Hon. OLYMPIA J. SNOWE, spired similar programs in foreign countries Ranking Minority Member, Senate Small Busi- such as the UK, Japan, South Korea, and the increase access to critical, early-stage ness Committee, U.S. Senate, Russell Senate Netherlands. Not only does this program sources of funding for small businesses, in- Office Building, Washington, DC. spur technological innovation and entrepre- cluding small biotechnology firms, thus fa- DEAR SENATORS LANDRIEU AND SNOWE: On neurship, it helps create high-tech jobs, and cilitating economic growth, job creation, behalf of the National Venture Capital Asso- does so without increasing Federal spending. new breakthrough therapies for patients in ciation (NVCA) and its members, I am writ- This program is currently under its 10th need, and American economic competitive- ing in support of Senate passage of S. 493, continuing resolution, and is set to expire on ness in the global economy. This is exactly the SBIR/STTR Reauthorization Act of 2011, May 31, 2011. While most agree this is a good the intent of the SBIR program, as created which reauthorizes the Small Business Inno- program that deserves to be reauthorized, in 1982. vation Research (SBIR) and Small Business disputes over what should be in the reau- S. 493 represents a compromise to ensure Technology Transfer (STTR) programs. This thorization legislation and proposed changes that America’s small businesses remain at legislation represents a fair compromise to to the program have held it up until now. the forefront of global innovation. While the ensure that America’s most innovative small Those disputes have finally been resolved, legislation does not give any single inter- businesses can once again have access to ex- and the current legislation is supported by ested party in the debate over reauthoriza- isting government incentives to grow jobs by all stakeholders. It has been over two years tion all that it might want, the legislation commercializing new discoveries. since the last reauthorization period ended, creates a framework that will help move the In particular, NVCA supports the bill’s and after years of uncertainty and short- process forward and will hopefully ensure provisions allowing greater access to SBIR term continuing resolutions, the SBTC asks that SBIR reauthorization is enacted into funds for majority owned venture-backed all Senators to support S. 493, and urges the law this year. The bill recognizes that the small businesses and fixing the affiliation swift passage of this important legislation. Small Business Innovation Research (SBIR) rules to ensure these companies will be able Sincerely, Program—last reauthorized in 2000—plays an to once again participate in the program. JERE W. GLOVER, important role in the development of new Many small businesses that are developing Executive Director. breakthrough therapies to improve human truly disruptive innovations rely on venture health, and must be updated to reflect the capital investment to help bring break- BIOTECHNOLOGY new realities facing America’s small busi- through products to market and grow U.S. INDUSTRY ORGANIZATION, nesses in the 21st Century. jobs. The legislation will correct a regu- Washington, DC, March 7, 2011. For these reasons, I urge the committee to latory interpretation made by SBA in 2003 Hon. MARY LANDRIEU, favorably discharge S. 493 so that it can be which revoked the eligibility of many ven- Chair, U.S. Senate Committee on Small Business passed promptly by the Senate. ture-backed companies from participating in and Entrepreneurship, Russell Senate Office Sincerely, the program. This compromise will help to Building, Washington, DC. JAMES C. GREENWOOD, ensure that small U.S. venture-backed com- Hon. OLYMPIA SNOWE, President and CEO. panies have increased access to capital for Ranking Member, U.S. Senate Committee on meritorious cutting-edge early-stage re- Small Business and Entrepreneurship, Rus- WHERE DO INNOVATIONS COME FROM? TRANS- search. sell Senate Office Building, Washington, FORMATIONS IN THE U.S. NATIONAL INNOVA- At a time when our country needs to build DC. TION SYSTEM, 1970–2006 new businesses, the venture capital industry DEAR CHAIR LANDRIEU AND RANKING MEM- believes that the best use of government dol- BER SNOWE: On behalf of the Biotechnology (By Fred Block and Matthew R. Keller) lars is to leverage public/private partner- Industry Organization (BIO) and our more How should the United States craft poli- ships and we are committed to working with than 1,100 biotechnology companies, aca- cies that effectively spur technological inno- the government to bring a steady stream of demic institutions, state biotechnology cen- vation? With increasing competitive chal- innovation and economic value to market. S. ters and related organizations, I am writing lenges from other nations, particularly in 493 is a positive step forward to allow ven- in support of S. 493, legislation to reauthor- technology and innovation-based sectors

VerDate Mar 15 2010 01:17 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.012 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1637 once thought to be largely immune from for- The top part of the bar graph for each year Department of Homeland Security. In addi- eign competition, there is increasing inter- in Figure 7 shows the number of Fortune 500 tion, over the last 20 years, state govern- est in crafting policies to help spur innova- and ‘‘other’’ U.S. firms that received at least ments have become much more involved in tion. But if innovation policies are to be ef- 1 percent of their revenues from the federal technology policy, with many, if not all fective, it’s critical that they be based on an government. The 1 percent screen picks up states funding technology-based economic accurate understanding of the U.S. innova- both large defense contractors and firms development activities. To the extent that tion system—in particular, an understanding that have received substantial federal grants state programs help small firms or univer- of where U.S. innovations come from. This to support their R&D efforts. In 1975, 23 inno- sity and federal lab innovations, their role report does this by analyzing the sources of vations that won R&D 100 Awards were de- would not be picked up in this analysis. award-winning innovations over the past few veloped by private firms in the United States DISCUSSION that received at least 1 percent of their reve- decades. It finds that the sources of these in- Back in 1887, Thomas Edison built an in- nues from federal support. Prominent among novations have changed in two key ways. vention factory that has long been seen as these firms was General Electric, which de- First, large firms acting on their own ac- the inspiration for the rise of the corporate count for a much smaller share of award- veloped nine of the award-winning innova- tions that year. research labs established by large U.S. firms winning innovations, while innovations during the 20th century. Our analysis sug- stemming from collaborations with spin-offs There is evidence that in 2006. the federal government directly funded three of the five gests that although large corporations in the from universities and federal laboratories United States emulated Edison’s model for make up a much larger share. Second, the private collaborations in the United States that produced innovations that received decades, this pattern became much weaker number of innovations that are federally- after the corporate reorganizations of the funded has increased dramatically. These R&D 100 Awards. Of the 20 ‘‘other firms’’ that won awards in 2006, 13 had federal sup- 1970s and 1980s. Thus, the ‘‘era of Edison’’ did findings suggest that the U.S. innovation not last the full century. system has become much more collaborative port above the 1 percent threshold and we were able to link the federal money directly It is not clear why the relative role of For- in nature. Federal innovation policy needs to tune 500 companies in the U.S. innovation reflect this fact. to the specific innovation that received the award. Hence, 16 of these ‘‘private’’ innova- system has declined. We can hypothesize ANALYSIS OF DATA ON FUNDING OF tions count as federally funded. The overall three factors. First, it seems likely that big INNOVATIONS result in Figure 7 is that the number of fed- corporations facing relentless pressures from The growing weight of public institutions erally funded innovations rises from 41 in the financial markets have been forced to as the source of U.S. innovations that win 1975 to 77 in 2066. cut back on expenditures that do not imme- R&D 100 Awards and the growing role of In 2006, only 11 of the U.S. entities that diately strengthen the bottom line. In some interorganizational collaboration in U.S. in- produced award-winning innovations were cases, corporate cutbacks have meant elimi- novations are suggestive that public fund- not beneficiaries of federal funding. And nating laboratories altogether; in other ing has become steadily more important to even among this group of 11, there were some cases, such cutbacks have meant reducing the U.S. innovation process in recent years. ambiguous cases. Dow Automotive won an expenditures on early stage technology de- Nevertheless, it is necessary to probe a bit R&D 100 Award for its work in developing an velopment that is often both expensive and further, because the U.S. firms coded as ‘‘pri- adhesive used with composite auto parts risky and is more likely to lead to the kind vate’’ are sometimes recipients of federal that was installed in Volkswagen cars. But a of radical breakthroughs that win awards funding—sometimes for the precise R&D ac- few years earlier, Dow had been a beneficiary like the ones analyzed here tivity that wins the award. of a substantial grant from the Advanced A second factor that may be involved in Back in the 1970s, for example, some of the Technology Program in the Department of the decline in Fortune 500 companies in the laboratories of the Fortune 500 firms that Commerce that was designed to accelerate U.S. innovation system is that several fac- were frequent R&D 100 Award winners re- the use of composites in automobiles. Two tors, including the rise of computers and the ceived substantial amounts of direct federal other winning firms—Brion Tech and MMR Internet, have made it much easier for small funding. And in the more recent period, Technologies—were recent spinoffs from firms to enter markets previously dominated there has been a proliferation of programs Stanford University, but since the firms had by large firms. Many technologies today re- through which government agencies support not received federal support, they were not quire less capital-intensive production proc- private sector R&D. An example of the latter coded as ‘‘supported spinoff’’; however, it is esses (e.g., software), making it possible for is the growing importance of Small Business likely that the professors behind the compa- small firms to innovate the technologies for Innovation Research (SBIR) firms among the nies received federal research grants while at which they received R&D 100 Awards. In award winners. Stanford. Finally, we were unable to ascer- other industries (e.g., biopharmaceuticals), The SBIR program, established in the tain whether any of those remaining firms small, innovative companies can contract 1980s, is one of the most important mecha- received research support from federal lab- out manufacturing (e.g., of new drugs). Be- nisms through which the federal government oratories. cause small and mid-sized firms can now bet- supports smaller innovative firms, including In short, Figure 7 probably understates the ter compete in product markets, they have the firms that we have labeled as supported magnitude of the expansion in federal fund- dramatically increased their R&D invest- spinoffs. The SBIR program is a set-aside ing for innovations in the United States that ments. In fact, while the ratio of R&D in- program; all government agencies that fi- R&D 100 Awards between 1975 and 2006. After vestments to U.S. gross domestic product nance a large amount of R&D must set aside all, in 1975, we counted innovations as feder- more than doubled between 1980 and 2000, al- 2.5 percent of their R&D budgets for projects ally funded even if support was not going to most all of that increase was due to in- that originate with small businesses. The the specific unit of the firm that was work- creased R&D investments by small and mid- program awards up to $750,000 in no strings ing on a particular innovation. For 2006, sized firms with fewer than 5,000 employees. support for projects in Phase I and up to $1.5 however, a demonstration of federal support Moreover, large firm R&D may now be more million for Phase II projects that have shown required showing that the federal funds were focused on improving existing product lines, significant progress in meeting the initial going to the same unit that was responsible as opposed to generating radically new inno- objectives. Some of the SBIR firms have now for the particular technology that won the vations. been in existence for 20 or more years, and at award. The third factor that may have contrib- least one has grown to become a Fortune 500 The fundamental point is that even in the uted to the decline of Fortune 500 companies firm. period that Fortune 500 corporations domi- dynamic is a change in the employment pref- Figure 6 shows the total number of past nated the U.S. innovation process, they drew erences of scientists and engineers. As the and present SBIR winners among winners of heavily on federal funding support. If one is employment landscape has shifted, it seems R&D 100 Awards. looking for a golden age in which the private quite possible that many talented scientists The results show that these SBIR-nurtured sector did most of the innovating on its own and engineers have voted with their feet and firms consistently account for a quarter of with federal help, one has to go back to the have left work in corporate labs in favor of all U.S. R&D 100 Award winners—a powerful era before World War II. Nevertheless, over work at government labs, university labs, or indication that the SBIR program has be- the last 40 years, the R&D 100 Awards indi- smaller firms. More research is necessary to come a key force in the innovation economy cate a dramatic increase in the federal gov- tease out the causes. of the United States. ernment’s centrality to the innovation econ- But returning to the history of the Edison Figure 7 shows a more comprehensive omy in the United States. In the earlier pe- lab suggests a longer term and more struc- measure of the role of federal financing of riod, U.S. technology policies were almost tural explanation for the recent shifts in the R&D 100 Award winners in the United States entirely monopolized by the military and U.S. innovation system that we have uncov- in 1975 and in 2006. The bottom part of the space programs. More recently, a wide range ered. Revisionist scholars have discovered bar graph for each year shows the number of of federal agencies that are not part of the that Edison’s laboratory actually operated award-winning innovations from public sec- Department of Defense are involved in sup- differently from the corporate labs of the tor entities in the United States that rely porting private sector R&D initiatives. Key 20th century. It is true that Edison assem- heavily on federal funding. As indicated ear- agencies now include the Department of bled a team of scientists and engineers that lier, the number of award-winning innova- Commerce, Department of Energy, National had built up considerable expertise in work- tions from public sector entities increased Institutes of Health, Department of Agri- ing with electrical devices—but Edison’s dramatically from 14 in 1975 to 61 in 2006. culture, National Science Foundation, and team divided its time between internal

VerDate Mar 15 2010 04:22 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.014 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1638 CONGRESSIONAL RECORD — SENATE March 15, 2011 projects and external projects. The Edison progress across specific technological bar- organization that manages several of the de- laboratory did extensive contract work for riers. Today, for example, the. Advanced Re- partment’s labs—which has now created its other firms, helping them develop solutions search Projects Agency in the Department of own not-for-profit venture capital arm with to particular problems that their industry Defense is prioritizing support for computer an emphasis on supporting startup firms faced. Edison’s employees worked closely scientists to find ways to overcome the ob- that originated in the laboratories. with employees with technical knowledge stacles to creating.ever more powerful Although this explicit turn towards ven- from those other firms. microchips for computers. It is also helping ture capital by U.S. government agencies is The argument by revisionist historians is biological scientists find ways to accelerate understandable, it will not, by itself, solve that the extraordinary productivity of the the production of large batches of vaccine, what we see as the main weaknesses in the Edison labs was a result of the systematic which would be useful to protect the popu- current system of federal support for innova- interaction between Edison’s team and other lation both against biological weapons and a tion in the United States. In our view, the groups of experts with very specific types of global pandemic of a deadly influenza. For system of federal support for innovation has knowledge. When U.S. corporations sought these targeted efforts, officials in these gov- enormous strengths, but it also suffers from to emulate Edison’s model in the 20th cen- ernment offices decide to renew grant sup- three major, interconnected weaknesses. tury, though, they built elaborate labora- port to one research group because it has First, the system carries decentralization to tories that tended to cut their in-house tech- made progress, withhold it from another re- an unproductive extreme. Under current ar- nologists off from these systematic encoun- search group that appears to be heading to- rangements, it is entirely possible that five ters with experts in other organizations. wards a dead end, and encourage connections different government agencies might be sup- This choice fit with the model of the cor- with still another research group—working porting 30 different teams of technologists poration that was exemplified by Henry on a seemingly unrelated problem—because working on an identical problem without a Ford’s decision to produce his own steel at they suspect that the-third group’s, findings full awareness of the duplication of efforts. the River Rouge plant. The idea was that might have relevance for solving the tar- This situation is a particular problem if dif- bringing these activities, including R&D, geted problem. ferent groups are unable to learn from each fully in-house maximized management’s Both types of U.S. government innovation other in a timely fashion. Second, because ability to deploy the organization’s re- initiatives—decentralized and targeted—are the importance of the federal role in fos- sources. increasingly described with the language of tering innovation is not widely recognized, What we have found in the United States venture capital. Private sector venture cap- federal programs in support of innovation at the end of the 20th century, though, is ba- italists, such as the famous firms in Silicon lack the broad public support that would be sically a return to Edison’s model—with suc- Valley, have an open door policy for sci- commensurate with their economic impor- cessful research organizations; public. or pri- entists and engineers who have a bright idea tance. Third, the budgetary support for the vate, developing a highly productive mix of for a new business. Of every hundred pitches current system is inadequate and uncertain. internal and external projects. There appear they hear, they might decide to invest in 20 Funding for more collaborative research and to be an increasing number of private sector with the idea that if even one or two of the commercialization efforts are relatively lim- research laboratories that combine their own 20 are successful, then they make vast ited, and total federal levels of R&D spend- internal projects—often funded with federal amounts of money that they can recycle into ing have been declining in real terms since 2003. These declines put the entire U.S. inno- money—with contracted research for other new rounds of initial investments. But the vation system at risk. firms. Some of their innovations show up as key assumption behind venture capital is This analysis has shown a dramatic shift a winners of R&D 100 Awards. that even after careful screening, most of these new business ventures will fail. Some in the locus of innovation in the U.S. econ- CONCLUSION won’t be able.to develop the promised tech- omy that has occurred over the last three These findings suggest that the U.S. fed- nology, some won’t find a market for their decades. We hope these findings spur a broad eral government’s role in fostering innova- particular innovation, and some won’t be debate about the changing role of the federal tion—both in terms of organizational, aus- able to build an organization capable of ex- government in our national innovation sys- pices and funding—across the U.S. economy ploiting the Market. Nevertheless, the enor- tem. has significantly expanded in the last several mous gains from the small percentage of Ms. SNOWE. Mr. President, the Bio- decades. But the federal government’s role is winners are more than enough to cover the technology Industry Organization not to act as the agent of centrally planned bases from the others. noted: technological change. Many U.S. government officials, now use [t]his bill represents a balanced approach In Chalmers Johnson’s classic account of the same rhetoric. They know that most new to ensure that America’s most innovative the Japanese model of industrial policy, he startups begun by scientists and engineers at small businesses can access existing incen- shows how government officials, working at universities or government laboratories will tives to grow jobs by commercializing new the Ministry of Trade and Industry, operated fail, but the minority that succeed will cre- discoveries. as both coordinators and financiers for the ate jobs and advance new technologies. With conquest by Japanese firms of new markets. the decentralized approach, they may pro- The U.S. Chamber of Commerce said: Japanese government officials were imple- vide support to several hundred firms with [t]his landmark compromise bill, if passed menting a shared plan that linked invest- the idea that 20 to 50 might actually flour- into law, would unlock the door for entry for ments in particular technologies with spe- ish. With the more targeted efforts, they re- businesses that acquire equity funding cific business strategies to win in particular alize that in each funding cycle, only a mi- through venture capital firms without di- markets—both domestically and inter- nority of the researchers will make any sig- minishing the programs effectiveness for tra- nationally. That strategy may have allowed nificant headway on the key problems. But ditional small businesses, thus setting the Japan to catch up the leading nations in an the idea is that over time, a few incremental stage for a robust and revitalized SBIR pro- array of industries, but it did not and does advances will eventually set the stage for gram. not fit the new innovation environment the big breakthrough that they are looking That is really our goal—a modern where cutting-edge innovation produced in a for. program that recognizes the reality of new collaborative and dispersed models is The largest federal government program the key to success. It is for that reason that that fits this venture capital model is the today’s innovative small businesses many other nations have shifted their inno- Small Business Innovation Research (SBIR) and provides the appropriate environ- vation policies to be less directed. program. In 2004, the SBIR program gave out ment in which they can flourish. In the United States, there is no central more than $2 billion for some 6,300 separate Given the nature of the compromise plan for innovation, and different federal research projects. The success of programs we have reached—from increasing allo- agencies engage in support for new tech- such as SBIR helps to explain what is per- cations over a number of years to al- nologies often in direct competition with haps the most surprising turn in federal in- lowing limited participation by major- other agencies. The federal government had novation policy of the last decade. ity-owned venture capital firms—we created a decentralized network of publicly Starting with the Central Intelligence funded laboratores where technologists will Agency (CIA) in 1999, a number of govern- must allow time for these provisions to have incentives to work with private firms ment agencies have now set up their own take shape and enhance these pro- and find ways to turn their disoveries into venture capital operations. The CIA’s ven- grams. That is why our legislation re- commercial products. Moreover, an alphabet ture capital arm, In-Q-Tel, maintains its own authorizes these measures for 8 years, soup of different federal programs provides Website and lists 90 recent startup firms in through 2019. Indeed, the past two reau- agencies with opportunities to help fund which it has invested. Congress provided a thorizations of the SBIR program have some of these more compelling technological $500 million initial fund, and just as with pri- been for 8 years each—in 1992 and 2000— possibilities, just as there has been increas- vate sector venture capital, the idea is that as was the last reauthorization for the ing support, at both the federal and state the initial fund will be replenished and ex- levels, for industry-university research col- panded as In-Q-Tel sells its stake in those STTR program in 2001. laboration. firms that have been successful. The Depart- This long-term reauthorization will Complementing these decentralized efforts ment of the Army has followed the CIA allow more small businesses to access are, more targeted federal government pro- model, and the Department of Energy has this funding without the fear of con- grams that are designed to accelerate partnered with Battelle—the large nonprofit stant interruptions based on whims of

VerDate Mar 15 2010 01:17 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.015 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1639 whether Congress will extend these for capital presented by some venture NATIONAL SMALL BUSINESS programs for an indefinite period of capitalists. That has been the subject ASSOCIATION, time. Indeed, a company’s life cycle in of the largest piece of negotiation. I am Washington, DC, March 7, 2011. either of these programs is by nature a happy to say we have letters of support Hon. MARY LANDRIEU, U.S. Senate, multiyear process—a phase I award from the Bay Area Innovation Alli- Washington, DC. will last 6 months, while a phase II ance, the BioDistrict from New Orle- Hon. OLYMPIA SNOWE, award will last for 2 years. That time- ans, just to name one, the Bio- U.S. Senate, frame does not include the time it technology Council. They are all very Washington, DC. takes for businesses to apply for fund- supportive of this compromise. DEAR CHAIRWOMAN LANDRIEU AND RANKING ing and await a decision, as well as the Mr. President, I ask unanimous con- MEMBER SNOWE: The National Small Busi- ness Association is pleased to support the time between three phases waiting for sent to have printed in the RECORD SBIR/STTR Reauthorization Act of 2011 (S. new solicitations from agencies. these letters of support. 493). Reaching 150,000 small-business owners It will also allow the Government Ac- There being no objection, the mate- across the nation, NSBA is the country’s old- countability Office to effectively study rial was ordered to be printed in the est small-business advocacy organization the venture capital compromise over RECORD, as follows: and a longtime supporter of the Small Busi- ness Innovation Research, SBIR, program. time to see if it is serving its intended Hon. MARY L. LANDRIEU, purpose of allowing promising small As you both know, the SBIR program is Committee on Small Business & Entrepreneur- the nation’s largest source of early-stage re- businesses to utilize these resources. ship, U.S. Senate, Washington, DC. search and development funding. Providing We include a provision in the bill man- Subject: Senate Bill S. 493 more than 50,000 patents since its inception, dating that the GAO issue a report on DEAR SENATOR LANDRIEU: The Bay Area In- SBIR has successfully harnessed the proven the subject 3 years after enactment and novation Alliance, representing more than 60 innovative power of small, technology-based every 3 years thereafter. By reducing technology companies in the San Francisco businesses to meet the nation’s technology Bay Area who participate extensively in the needs. On average, SBIR generates seven new the length of the reauthorization, we SBIR/STTR programs, is pleased to support would be allowing this delicate com- patents per day—which is far more than all compromise legislation for SBIR reauthor- U.S. universities combined, at less than one- promise to be relitigated immediately ization. twelfth their level of federal research and de- without the benefit of studying its im- We urge a timely passage of Senate Bill S. velopment funding. pact, and we would effectively negate 493. Unfortunately, the reauthorization of this any modicum of certainty provided in Sincerely, demonstrably-effective program has been the pending legislation. CHRISTOPHER WHITE. beset by various tribulations. This has led to Finally, on the matter of procedure, I Bay Area Innovation Alliance, ten short-term reauthorizations since 2008. am very pleased the majority leader These repeated, temporary extensions have BIODISTRICT NEW ORLEANS, wreaked havoc on agencies’ ability to make has indicated he will be allowing an New Orleans, LA, March 9, 2011. strategic decisions in regard to the pro- open amendment process to this legis- Hon. MARY LANDRIEU, grams. The uncertain future of the program lation. That is also important as well Chair, Senate Committee on Small Business and also has deterred potential participants and as necessary for working through these Entrepreneurship, U.S. Senate, Washington, investors. issues and others that are critical to DC. Thankfully, a compromise reauthorization our consideration. DEAR CHAIRWOMAN LANDRIEU: BioDistrict package—which allows for increased ven- Mr. President, I thank you for the New Orleans is pleased to support your com- ture-capital participation but retains the promise Small Business Innovation Research small-business integrity of the program—has consideration, but I most especially been forged. This compromise has been en- thank the chair of the Small Business (SBIR) and Small Business Technology Transfer (STTR) programs reauthorization dorsed by the Biotechnology Industry Orga- Committee for providing the kind of legislation. Rebuilding the New Orleans nization, the National Venture Capital Asso- leadership that has been so essential to economy around the biotech, digital media ciation, and the Small Business Technology bringing this legislation forward. After and other knowledge-based industries is our Council, the nation’s largest tech-oriented 10 reauthorizations and for about 6 #1 priority. small business organization from diverse in- years in the process, to bring it to this As you know, SBIR is the nation’s largest dustries. NSBA also fully supports S. 493 and urges point will be critical for the innovation source of early-stage research and develop- ment funding. Providing more than 50,000+ its swift adoption. NSBA thanks you both for that is so essential to creating new your unflagging and indispensable efforts to products and to also creating new jobs patents since its inception, SBIR has suc- cessfully harnessed the proven innovative protect the small-business focus of the SBIR we desperately need in our economy. power of small, technology-based businesses and STTR programs and achieve this bal- Ms. LANDRIEU. Mr. President, I to meet the nation’s technology needs, and anced and fair compromise reauthorization thank Senator SNOWE. I could not have New Orleans needs to become a center of package. a better partner on this committee. such activity. Sincerely, ODD O. MCCRACKEN, Her expertise is noted and admired Unfortunately, the reauthorization of this T President. among the Members. She has served as demonstrably effective program has been beset by various tribulations, court interpre- a member of this committee—often- SMALLER BUSINESS ASSOCIATION tations and special interests. This has lead times its chair—for many years. I ap- OF NEW ENGLAND, to nine short-term reauthorizations since Waltham, MA, March 8, 2011. preciate her help and the help of her 2008. These repeated, temporary extensions U.S. Senator MARY LANDRIEU, staff as well. have wreaked havoc on agencies’ ability to Chairman, Senate Small Business & Entrepre- In the 10 minutes we have left, I wish make strategic decisions in regard to the neurship, Russell Building, Washington, to add a couple of specifics of the com- programs. The uncertain future of the pro- DC. promise Senator SNOWE has outlined. gram has also deterred potential partici- DEAR SENATOR LANDRIEU: The Smaller It is true that this program has been pants and investors. Business Association of New England fully sputtering along on very uncertain ter- Thankfully, S.B. 493 allows for increased supports S. 493, which reauthorizes the Small rain because of every 3-month or 6- venture-capital participation but retains the Business Research Innovation program for month reauthorization hastily put for- small-business integrity of the program. the next eight years. Life sciences, defense, This bill has been endorsed by the Bio- ward because there has been no agree- high technology and the energy sectors in technology Industry Organization and the Massachusetts have been tremendous bene- ment on a few of the details. We finally Small Business Technology Council, the na- reached an agreement on some of those ficiaries of the SBIR/STTR programs aver- tion’s largest tech-oriented small business aging almost one quarter of a billion dollars details, the largest of which had to do organization from diverse industries. per year. This research and development en- with the percentage of awards that The BioDistrict also fully supports this gine has spawned new revolutionary prod- could be given or funded to companies legislation and urges its swift adoption. We ucts that have been utilized in an innovative that are owned by venture capitalists. wish to thank you for your unflagging and way by the military and commercial mar- This program was started as a small indispensable efforts to protect the small- kets. business focus of the SBIR and STTR pro- business program. Senator SNOWE and I The proposed incremental increases in the grams and achieve this balanced and fair feel very strongly and the same to try SBIR/STTR formulas will only enhance the compromise reauthorization package. technology readiness of the program and will to keep it as a small business entrepre- Sincerely, provide incentives for further innovation. neurial program but to obviously rec- BONITA A. ROBERTSON, We think your compromise on the sticky ognize the changes and opportunities Special Counsel. venture capital issue is an equitable one,

VerDate Mar 15 2010 04:22 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.008 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1640 CONGRESSIONAL RECORD — SENATE March 15, 2011 particularly if it is inextricably linked to stage from $100,000 to $150,000 and from can, strengthening administration and the increase in the SBIR formula from 2.5 $750,000 to $1 million for phase II and fraud detection, giving a longer lead percent to 3.5 percent. Secondly, the in- allows for sequential phase II awards— time and runway for some of these creased-size limits on Phase I and Phase II technologies. and allowance of sequential phasing from I another important change. to II appears to be reasonable and permits I particularly thank Senator COBURN Again, we think this is a model pro- program flexibility for both the agency and for agreeing to an 8-year extension. We gram in the world. We do not think, we recipient. think, for a program such as this which know that because of the research and In summary, we think you and your staff is dealing with technologies that some- review that has been done of this pro- have crafted an excellent compromise in times take years to develop, that can gram and from what we hear from order to satisfy divergent interests and most be very promising, but it takes some other countries. They wonder: How importantly, preserve the integrity of the does your system work? This is one im- SBIR/STTR programs. Please let us know if planning, it takes patience. This is not there is anything else SBANE can do to fa- a program that lends itself readily to 2- portant aspect. The government does cilitate Senate 493. Thank you very much. to 4-year reauthorizations. That is too have a role to play—not the most sig- Sincerely, much uncertainty for a program such nificant role potentially but a portion ROBERT A. BAKER, as this. Maybe other programs in the of one of the most significant roles to President. Federal Government should go through play in promoting entrepreneurship, 4-year and 5-year authorizations. Both creativity, innovations, and expanding V-LABS, INC. the number of patents that are issued Covington, LA, March 8, 2011. Senator SNOWE and I pressed for a longer time. Senator COBURN is some- in the United States by providing pro- Senator MARY LANDRIEU, grams that give an open door, access, U.S. Senate Building, what reluctant, but we are very grate- Washington, DC. ful that he and others stepped up and and level playing field to the smallest DEAR SENATOR LANDRIEU: I am writing to said 8 years would be a good com- businesses in America to give them a give my support for SBIR/STTR Reauthor- promise in that way. We are grateful. chance to compete against some of the ization Bill (S. 493). I am also a supporter of big guys. That is really what this is all Senator Landrieu as a Louisiana resident. This will be a very important author- ization because it will set the direction about. She has worked tirelessly for the business Mr. President, let me see if the rank- for the next 8 years for our Federal community in Louisiana. I have a small high ing member has anything else to add. tech company in Covington LA and have re- agencies. ceived several SBIR grants that enabled us We have also made an important We have a few minutes left. She may to do research that we could not have af- change—and I am very pleased about have one or two points to add as we forded. I have worked many years in support this because I think you can have the close out before the lunch period. Ms. SNOWE. Mr. President, I thank of the development of biotechnology in Lou- greatest programs in the world, but if isiana. the chairman. The points she raised are you are not focused on quality, if you I am Councilor of the Division of Small very critical because of the contribu- are not focused on exchanging best Chemical Businesses, SCHB, of the American tions these programs have made to our Chemical Society. The SBIR/STTR program practices, if you are not focused on economy, most especially because is very important to our members. We offer good management of those programs, symposia to our membership at national and much of the innovation that occurs in even some of the best intentions fall America comes from small businesses. regional meeting to share the opportunities apart or the taxpayers’ money is wast- of the SBIR/STTR program. The Division In fact, this report by the Information supports reauthorization of the SBIR/STTR ed. We do not want to see that happen and Innovation Technology Foundation program. here. So we have set aside a small por- underscores this point, that the inno- I have campaigned for support of the pro- tion for administration, which was rec- vations coming from big companies is gram by the American Chemical Society, ommended by this study of oversight, ACS, for a number of years. The American actually on the decline. We really do so that the managers in each of these depend on the entrepreneurial spirit of Chemical Society has 163,000 members; it is departments can be better trained to the largest scientific society in the world. small businesses to create the kind of The support of the program was announced actually identify promising tech- innovation we require in America if we by the ACS Board of Directors in December, nologies, make sure they are request- are going to be on the vanguard of 2010 in a position statement, ‘‘A Competitive ing in the right areas the kinds of tech- change and vanguard of technologies U.S. Business Climate: The Role of Chem- nologies they are looking for, and re- and which is so crucial in moving for- istry’’, on creating new U.S. based science ceive that information in a more pro- ward as a nation. jobs. The complete publication is on the ACS fessional way. That is an important webpage under policy, www.acs.org/policy The SBIR program in particular has The last paragraph of this statement reads: component of this compromise—the 3- played a very crucial role in that re- ‘‘Recommendations: Small Business and En- percent allocation for administration gard. I think this report truly does em- trepreneurship—ACS supports policies that and oversight. phasize the degree to which it has foster the growth of small research and de- As I said, it reauthorizes it for 8 played a paramount role over the years velopment businesses and encourage entre- years, and the arrangement between since the program was created in 1982. preneurship: Expanding funding for the venture capital and small businesses— It certainly has had an extraordinary Small Business Innovation Research (SBIR), that kind of capsulizes the major Small Business Technology Transfer (STTR), history in that regard. changes. We talk about a lot of programs that and Small Business Investment Companies I do wish to recognize Senator (SBIC) programs and reforming these pro- we underwrite at the Federal level, but grams to make direct research funding for ROCKEFELLER’s amendment that he put I can say this is a good use of tax- small businesses more easily available Pro- on in the 111th Congress which is a pol- payers’ dollars when we are thinking viding incentives for larger companies to ex- icy directive against waste, fraud, and about how we maximize taxpayers’ dol- pand investments in start-up research and abuse. Senator ROCKEFELLER has been lars within the Federal agencies that development businesses’’ very helpful in this regard. His amend- are now utilizing these programs, of I thank you for your work as well as the ment, along with others, requires in- Committee on Small Business in introducing which we have 11 different agencies this bill S. 493 for the Reauthorization of the spectors general in participating Fed- that are setting aside the research and SBIR/STTR program. eral agencies to establish fraud-detec- development funds specifically to en- Yours truly, tion measures, coordinate fraud infor- sure that small business has an alloca- SHARON V. VERCELLOTTI, mation sharing between agencies, and tion among the research and develop- President. provide fraud prevention related to ment dollars so they get their fair Ms. LANDRIEU. Mr. President, CON- education and training of the adminis- share because that is from where the NECT, which is out of the University of tration. innovation is derived in the final anal- California, is another important player In addition to all of this, it actually ysis. That certainly has been the indi- in this particular field, and gets even better because Senator cation of the many results we have Dawnbreaker, a commercialization SNOWE and I have figured out a way to achieved due to these programs, and company. They were part of helping us reduce the cost from the last Congress that is what makes them outstanding forge this important compromise. to this Congress from $229 million over in that regard. I also note that the guidelines of the 5 years to $150 million. We are being as You can draw a cause and effect. Cer- awards have been raised in the first efficient with taxpayers’ dollars as we tainly, there is a correlation between

VerDate Mar 15 2010 02:20 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.020 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1641 the effectiveness of these programs (The committee-reported amend- to lock up domestic energy production among the agencies that award them ments were agreed to en bloc.) puts even more pressure on gas prices. to small businesses that then become The PRESIDING OFFICER. The Sen- If you are just tuning in, let’s review the true laboratories for the innova- ator from Nebraska. what the White House has been up to tion. That transformation, as this re- AMENDMENT NO. 182 on that front: They have resisted our port indicated, has been central to the Mr. NELSON of Nebraska. Mr. Presi- push for American production offshore, types of technologies that have dent, I ask unanimous consent to call onshore and in Alaska and the jobs emerged over the last three decades. up the amendment I just sent to the that go along with it. They have can- We want to continue to advance desk. celed existing drilling permits and the these programs because they are unde- The PRESIDING OFFICER. The jobs that come with them. They have niably beneficial and well worth the in- clerk will report. needlessly delayed offshore leases, vestments that are made by these The bill clerk read as follows: which even former President Clinton agencies because of their required set- The Senator from Nebraska [Mr. NELSON] has referred to as ridiculous. They have asides for these programs and to ensure proposes an amendment No. 182. imposed a moratorium on oil and gas that small businesses are part of the Mr. NELSON of Nebraska. Mr. Presi- drilling, which amounts to a morato- research and development funding that dent, I ask unanimous consent to dis- rium on domestic energy-related jobs. is in the billions of dollars at the Fed- pense with further reading of the They have proposed a tax on domestic eral level, if you look at the collective amendment. energy production that might be called budgets of just these 11 agencies. We The PRESIDING OFFICER. Without a ‘‘minivan tax.’’ Now they are trying want to make sure small businesses are objection, it is so ordered. to impose a backdoor national energy key to our technological growth and, The amendment is as follows: tax through the EPA. therefore, having these types of pro- It is a strange way to respond to ris- grams becomes a major force in devel- At the appropriate place, insert the fol- lowing: ing gas prices. But it is perfectly con- oping our innovative economy, as this It is the sense of the Senate that it sup- sistent with the current Energy Sec- report indicated recently. ports reducing its budget by at least 5 per- retary’s previously stated desire to get Again, I wish to thank the Chair for cent. The Senate has made the findings that: gas prices in the United States up to her efforts in that regard. Finding that, Congress must pursue com- where they are in Europe. Ms. LANDRIEU. Mr. President, I prehensive deficit reduction, These new regulations would destroy thank Ranking Member SNOWE and, ac- Finding that, the nation is deeply involved jobs at a time when Americans need in military action on two fronts cording to the previous agreement, I them the most, and they would be espe- think we are going to move to a Finding that, Admiral Mullen has noted the most significant threat to national secu- cially devastating for States such as quorum call at this point. Within a Kentucky and other coal States. EPA short period of time, I think the leader- rity is the national debt Finding that, the nation is in fragile recov- regulations resulting in dramatic en- ship is going to lay down two amend- ery from an economic downturn that has ergy price increases would jeopardize ments and then, after lunch, of course, spanned two administrations the livelihoods of the 18,000 miners in we will be open to consider others. We Finding that, the offices and agencies that Kentucky and the additional 200,000 are hoping they will be limited to the serve Members of Congress must be reduced jobs that depend on coal production subject matter before us, but it is an along with the rest of the budget and the low cost of electricity that open debate on this bill. Finding that, in order to address the Na- I suggest the absence of a quorum. tion’s fiscal crisis, the Senate should lead by Kentuckians enjoy. The PRESIDING OFFICER. The example and reduce its own legislative budg- They would raise the price of every- clerk will call the roll. et thing from electricity, gasoline, fer- The bill clerk proceeded to call the It is the sense of the Senate, that it should tilizer, to the food we eat, and that is lead by example and reduce the budget of the why farmers, builders, manufacturers, roll. Senate by at least 5 percent. Mr. REID. Mr. President, I ask unan- small businesses, and the U.S. Chamber imous consent that the order for the AMENDMENT NO. 183 of Commerce oppose them and support quorum call be rescinded. The PRESIDING OFFICER. The Re- an effort to stop them. The PRESIDING OFFICER. Without publican leader. But the White House is determined to objection, it is so ordered. Mr. MCCONNELL. Mr. President, get its way, and that is why they are Mr. REID. Mr. President, I ask unan- with gas prices on the rise, Americans attempting to do through regulation imous consent that the committee-re- want to know what Washington is what they couldn’t do through legisla- ported amendments be agreed to en going to do about it. So let me provide tion regardless of whether the Amer- bloc; the motions to reconsider be con- a little update: The White House has ican people want it. In my view, it is sidered made and laid upon the table en responded by locking up domestic en- an insult to the millions of Americans bloc; the amended version of S. 493 be ergy supplies and pushing an energy who are already struggling to make considered original text for the pur- tax that will drive gas prices up even ends meet and to find a job. poses of further amendment; that Sen- higher and Democrats in Congress Fourteen million Americans are ator NELSON of Nebraska then be recog- aren’t doing anything at all. looking for work, gas prices are ap- nized to offer an amendment to S. 493; So we have a total disconnect right proaching $4 a gallon, and the Obama that following the reporting of the Nel- now between Democrats in Washington administration wants unelected and son amendment, the amendment be set when it comes to gas prices. Both the unaccountable bureaucrats to impose aside and the Republican leader be rec- White House and Democrats in Con- new regulations that will destroy even ognized to offer a first-degree amend- gress are acting as if they haven’t seen more jobs and drive gas prices even ment to the bill; and following the re- a nightly newscast or driven by a gas higher. porting of the McConnell amendment, station in weeks. If you want proof that common sense the Republican leader be recognized for Senator INHOFE, Senator MURKOWSKI, is taking a backseat to ideology in the up to 5 minutes for debate only relative and Senator BARRASSO have done a ter- White House, look no further: This to his amendment; that following the rific job of raising the alarm on the ad- plan is bad for jobs and bad for the Republican leader’s remarks, the Sen- ministration’s efforts to lock up do- economy and it must be stopped. That ate resume consideration of the Nelson mestic energy, even as it continues to is why, at the end of my remarks, I will amendment and Senator NELSON be push costly new regulations at the En- be introducing an amendment to block recognized for up to 10 minutes for de- vironmental Protection Agency. I wish it. bate only relative to his amendment. to commend them for their efforts on In an effort to prevent the adminis- Mr. President, I ask unanimous con- this most important and timely issue. tration from adding yet another bur- sent this be modified to allow the Re- They have shown how American fami- densome, job-destroying regulation publican leader to speak for whatever lies are getting a double whammy right through the backdoor, we will have a time he needs. now. Refiners would pass the costs re- vote on whether, at a time of rising gas The PRESIDING OFFICER. Without lated to these regulations on to con- prices and growing concern about the objection, it is so ordered. sumers, and the White House’s efforts scope of government, we should allow

VerDate Mar 15 2010 02:20 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.010 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1642 CONGRESSIONAL RECORD — SENATE March 15, 2011 the White House to impose new energy ‘‘(2) EXCEPTIONS.—Paragraph (1) does not lished at 75 Fed. Reg. 82254 (December 30, regulations through the EPA. prohibit the following: 2010). This vote is needed because the ‘‘(A) Notwithstanding paragraph (4)(B), im- ‘‘(I) ‘Determinations Concerning Need for White House appears ready to advance plementation and enforcement of the rule Error Correction, Partial Approval and Par- tial Disapproval, and Federal Implementa- its goal by any means possible, regard- entitled ‘Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average tion Plan Regarding Texas Prevention of less of our economy or the will of the Fuel Economy Standards’ (75 Fed. Reg. 25324 Significant Deterioration Program’, pub- people. That is why it is my hope we (May 7, 2010) and without further revision) lished at 75 Fed. Reg. 82430 (December 30, will vote to stop this power grab in its and finalization, implementation, enforce- 2010). tracks. ment, and revision of the proposed rule enti- ‘‘(J) ‘Limitation of Approval of Prevention I wish to, in particular, give credit to tled ‘Greenhouse Gas Emissions Standards of Significant Deterioration Provisions Con- Senator INHOFE. This is legislation he and Fuel Efficiency Standards for Medium- cerning Greenhouse Gas Emitting-Sources in has introduced and has been pro- and Heavy-Duty Engines and Vehicles’ pub- State Implementation Plans; Final Rule’, moting. It is exactly the same legisla- lished at 75 Fed. Reg. 74152 (November 30, published at 75 Fed. Reg. 82536 (December 30, 2010). tion that is moving over in the House 2010). ‘‘(B) Implementation and enforcement of ‘‘(K) ‘Determinations Concerning Need for of Representatives, and it is time the section 211(o). Error Correction, Partial Approval and Par- Senate took a stand on this measure as ‘‘(C) Statutorily authorized Federal re- tial Disapproval, and Federal Implementa- well. search, development, and demonstration pro- tion Plan Regarding Texas Prevention of Mr. President, I believe there is an grams addressing climate change. Significant Deterioration Program; Proposed amendment pending. ‘‘(D) Implementation and enforcement of Rule’, published at 75 Fed. Reg. 82365 (De- The PRESIDING OFFICER. There is. title VI to the extent such implementation cember 30, 2010). Mr. MCCONNELL. Mr. President, I or enforcement only involves one or more ‘‘(L) Except for action listed in paragraph ask unanimous consent that the pend- class I or class II substances (as such terms (2), any other Federal action under this Act are defined in section 601). occurring before the date of enactment of ing amendment be temporarily set this section that applies a stationary source aside, and I send an amendment to the ‘‘(E) Implementation and enforcement of section 821 (42 U.S.C. 7651k note) of Public permitting requirement or an emissions desk. Law 101–549 (commonly referred to as the standard for a greenhouse gas to address cli- The PRESIDING OFFICER. The ‘Clean Air Act Amendments of 1990’). mate change. clerk will report. ‘‘(3) INAPPLICABILITY OF PROVISIONS.—Noth- ‘‘(5) STATE ACTION.— The bill clerk read as follows: ing listed in paragraph (2) shall cause a ‘‘(A) NO LIMITATION.—This section does not The Senator from Kentucky [Mr. MCCON- greenhouse gas to be subject to part C of limit or otherwise affect the authority of a NELL] proposes an amendment No. 183. title I (relating to prevention of significant State to adopt, amend, enforce, or repeal deterioration of air quality) or considered an State laws and regulations pertaining to the Mr. MCCONNELL. Mr. President, I air pollutant for purposes of title V (relating emission of a greenhouse gas. ask unanimous consent that the read- to air permits). ‘‘(B) EXCEPTION.— ing of the amendment be dispensed ‘‘(4) CERTAIN PRIOR AGENCY ACTIONS.—The ‘‘(i) RULE.—Notwithstanding subparagraph with. following rules, and actions (including any (A), any provision described in clause (ii)— The PRESIDING OFFICER. Without supplement or revision to such rules and ac- ‘‘(I) is not federally enforceable; objection, it is so ordered. tions) are repealed and shall have no legal ef- ‘‘(II) is not deemed to be a part of Federal The amendment is as follows: fect: law; and ‘‘(III) is deemed to be stricken from the (Purpose: To prohibit the Administrator of ‘‘(A) ‘Mandatory Reporting of Greenhouse plan described in clause (ii)(I) or the pro- the Environmental Protection Agency Gases’, published at 74 Fed. Reg. 56260 (Octo- gram or permit described in clause (ii)(II), as from promulgating any regulation con- ber 30, 2009). applicable. cerning, taking action relating to, or tak- ‘‘(B) ‘Endangerment and Cause or Con- ‘‘(ii) PROVISIONS DEFINED.—For purposes of ing into consideration the emission of a tribute Findings for Greenhouse Gases under clause (i), the term ‘provision’ means any greenhouse gas to address climate change) section 202(a) of the Clean Air Act’ published at 74 Fed. Reg. 66496 (Dec. 15, 2009). provision that— At the end, add the following: ‘‘(C) ‘Reconsideration of the Interpretation ‘‘(I) is contained in a State implementa- TITLE VI—ENERGY TAX PREVENTION of Regulations That Determine Pollutants tion plan under section 110 and authorizes or SEC. 601. SHORT TITLE. Covered by Clean Air Act Permitting Pro- requires a limitation on, or imposes a permit This title may be cited as the ‘‘Energy Tax grams’ published at 75 Fed. Reg. 17004 (April requirement for, the emission of a green- Prevention Act of 2011’’. 2, 2010) and the memorandum from Stephen house gas to address climate change; or SEC. 602. NO REGULATION OF EMISSIONS OF L. Johnson, Environmental Protection Agen- ‘‘(II) is part of an operating permit pro- GREENHOUSE GASES. cy (EPA) Administrator, to EPA Regional gram under title V, or a permit issued pursu- (a) IN GENERAL.—Title III of the Clean Air Administrators, concerning ‘EPA’s Interpre- ant to title V, and authorizes or requires a Act (42 U.S.C. 7601 et seq.) is amended by tation of Regulations that Determine Pollut- limitation on the emission of a greenhouse adding at the end the following: ants Covered by Federal Prevention of Sig- gas to address climate change. ‘‘SEC. 330. NO REGULATION OF EMISSIONS OF nificant Deterioration (PSD) Permit Pro- ‘‘(C) ACTION BY ADMINISTRATOR.—The Ad- GREENHOUSE GASES. gram’ (Dec. 18, 2008). ministrator may not approve or make feder- ‘‘(a) DEFINITION.—In this section, the term ‘‘(D) ‘Prevention of Significant Deteriora- ally enforceable any provision described in ‘greenhouse gas’ means any of the following: tion and Title V Greenhouse Gas Tailoring subparagraph (B)(ii).’’. ‘‘(1) Water vapor. Rule’, published at 75 Fed. Reg. 31514 (June 3, SEC. 603. PRESERVING ONE NATIONAL STAND- ‘‘(2) Carbon dioxide. 2010). ARD FOR AUTOMOBILES. ‘‘(3) Methane. ‘‘(E) ‘Action To Ensure Authority To Issue Section 209(b) of the Clean Air Act (42 ‘‘(4) Nitrous oxide. Permits Under the Prevention of Significant U.S.C. 7543) is amended by adding at the end ‘‘(5) Sulfur hexafluoride. Deterioration Program to Sources of Green- the following: ‘‘(6) Hydrofluorocarbons. house Gas Emissions: Finding of Substantial ‘‘(4) With respect to standards for emis- ‘‘(7) Perfluorocarbons. Inadequacy and SIP Call’, published at 75 sions of greenhouse gases (as defined in sec- ‘‘(8) Any other substance subject to, or pro- Fed. Reg. 77698 (December 13, 2010). tion 330) for model year 2017 or any subse- posed to be subject to, regulation, action, or ‘‘(F) ‘Action to Ensure Authority to Issue quent model year for new motor vehicles and consideration under this Act to address cli- Permits Under the Prevention of Significant new motor vehicle engines— mate change. Deterioration Program to Sources of Green- ‘‘(A) the Administrator may not waive ap- ‘‘(b) LIMITATION ON AGENCY ACTION.— house Gas Emissions: Finding of Failure to plication of subsection (a); and ‘‘(1) LIMITATION.— Submit State Implementation Plan Revi- ‘‘(B) no waiver granted prior to the date of ‘‘(A) IN GENERAL.—The Administrator may sions Required for Greenhouse Gases’, pub- enactment of this paragraph may be consid- not, under this Act, promulgate any regula- lished at 75 Fed. Reg. 81874 (December 29, ered to waive the application of subsection tion concerning, take action relating to, or 2010). (a).’’. take into consideration the emission of a ‘‘(G) ‘Action To Ensure Authority To Issue The PRESIDING OFFICER. The Sen- greenhouse gas to address climate change. Permits Under the Prevention of Significant ator from Nebraska. ‘‘(B) AIR POLLUTANT DEFINITION.—The defi- Deterioration Program to Sources of Green- AMENDMENT NO. 182 nition of the term ‘air pollutant’ in section house Gas Emissions: Federal Implementa- Mr. NELSON of Nebraska. Mr. Presi- 302(g) does not include a greenhouse gas. tion Plan’, published at 75 Fed. Reg. 82246 Nothwithstanding the previous sentence, (December 30, 2010). dent, I rise to speak on the amendment such definition may include a greenhouse gas ‘‘(H) ‘Action To Ensure Authority To Im- I have just offered dealing with cutting for purposes of addressing concerns other plement Title V Permitting Programs Under the Senate budget by at least 5 per- than climate change. the Greenhouse Gas Tailoring Rule’, pub- cent.

VerDate Mar 15 2010 02:20 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.019 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1643 When I go home every weekend and I just asking other people to tighten recovery reserves are astronomical am at the grocery store or I am at a their belts and go through the process compared to China, Iran, Canada, and hardware store, I have people coming of deficit reduction through cuts, but some of the other countries. to me saying they are concerned about to lead by example and do it ourselves. The problem we have is a political the growing deficit, they are concerned Obviously there will be an opportunity problem. We are not allowed to go about the increasing debt, and they are to speak more at a later time. I hope ahead and exploit our own reserves. It asking what Congress can do, what can that will generate some more discus- is simple supply and demand. I think the Senate do, specifically, to avoid sion on the floor of the Senate. there is not a person listening to us having this unsustainable growth and I yield the floor. now who has not studied supply-and- debt and deficit. They are concerned. The PRESIDING OFFICER. The Sen- demand basics back in school. If we In many respects, the growth of that ator from Oklahoma. have all this supply here, why can’t we debt is most threatening to the na- Mr. INHOFE. Mr. President, first I exploit the supply? tional security of this country. thank the Senator from Nebraska for To give another illustration of what Mr. INHOFE. Would the Senator allowing me to come in immediately we have—this is coal reserves. We have from Nebraska yield for a question? following his remarks. 28 percent of all the world’s coal re- Mr. NELSON of Nebraska. Sure. AMENDMENT NO. 183 serves. We are exploiting right now Mr. INHOFE. I ask the Senator from An amendment was just offered by clean coal technology, being very suc- Nebraska—the minority leader has just the minority leader. Let me explain cessful. We have, in addition to this, oil introduced an amendment that is pend- what this is. As the former chairman of and gas reserves. But the problem we ing right now, and I was going to speak the Environment and Public Works have is a political problem. on that amendment. Rather than going Committee, and now the ranking mem- It was the Secretary of Energy, Ste- to another one, would the Senator ber, we have been very much concerned ven Chu, who made the statement in yield for 3 or 4 minutes so I can at least for a long period of time over what the Wall Street Journal: weigh in on this amendment? they are trying to do with cap-and- [S]omehow we have to figure out how to Mr. NELSON of Nebraska. Ordi- trade. All the way back to the Kyoto boost the price of gasoline in Europe. narily, I would grant that request, but treaty and then through the five dif- ‘‘To boost the price of gasoline to the I have a speech at another location ferent bills that were debated on the levels in Europe.’’ Right now the levels that should be starting about right Senate floor, we recognized the incred- in Europe are around $8 a gallon. That now. So I will be brief. ible cost to the American people if we is what the administration wants us to Mr. INHOFE. Mr. President, I ask were to pass cap-and-trade legislation. pay. Why do they want that? They unanimous consent that at the conclu- The interesting thing about this is want that so we will be priced out of sion of the Senator’s remarks I be rec- the most votes that were in the Senate using fossil fuels. We are talking about ognized next. at any one time in order to pass cap- oil, gas, and coal. The PRESIDING OFFICER. Without and-trade were about 30. Obviously it Right now we are faced with this. objection, it is so ordered. takes a lot more than that. So what Frankly, as we speak, in this very mo- Mr. NELSON of Nebraska. The Chair- this administration did was say: All ment over in the House of Representa- man of the Joint Chiefs of Staff, Admi- right, if you are not going to pass cap- tives they are taking up what they call ral Mullen, noted that the most signifi- and-trade regulation—keep in mind the Upton-Inhofe bill. That is the same cant threat to our national security is what that is; that would end up being amendment the minority leader just in fact the national debt. the largest tax increase in the history filed. What that does is propose the The Nation is in a fragile state of re- of America on the American people—if content of the Inhofe-Upton bill, which covery, one that we hope will improve you are not going to do it through leg- says the EPA does not have jurisdic- the unemployment situation in our islation, we will do it through our reg- tion over controlling CO2. That should country and will improve the overall ulations, through the Environmental be a legislative matter. You say, Who economy. But as we look at dealing Protection Agency. would agree with that? with the deficit and deficit reduction, There was an endangerment finding. MAX BAUCUS, Democrat from Mon- we must in fact pursue a very impor- The Administrator of the EPA had the tana, said: tant part of that reduction ourselves endangerment finding and it was based I do not want the EPA writing those regu- here within the confines of the Senate. on the IPCC flawed science, but none- lations. I think it’s too much power in the The offices and agencies that serve the theless it was there. So they started on hands of one single agency, but rather cli- Members of Congress have to be re- a route to regulate CO2 through regula- mate change should be a matter that’s essen- duced along with the rest of the budg- tions. Let’s stop and think about what tially left to the Congress. et. that would be. The costs we have deter- The Senator from Nebraska who just In order to address the Nation’s fiscal mined, over a period of 10-years, to walked off the floor: crisis I think the Senate must lead by take over the regulation and have in Controlling the levels of carbon emissions example and reduce our own legislative fact a type of cap-and-trade through is the job of Congress. We don’t need the budget. It is in that context I have in- regulation—or by regulation—would be EPA looking over Congress’ shoulder telling troduced this resolution of the Senate about $300 billion to $400 billion a year. us we’re not moving fast enough. today, a sense of the Senate that it I did a calculation as to what that He went on further to say: should lead by example and reduce the would cost the average family in the Because the EPA regulations would be a budget of the Senate by at least 5 per- State of Oklahoma and it was about government-directed command-and-control cent. $3,000 for each family who actually files regime, they would raise the price of en- This is not something new to me. a tax return. ergy— Two years ago, we held the line in the You have to ask the question, what . . . in his State and for all the other growth of the Senate budget. A year do you get if you pass this. First of all, States. ago we cut the legislative branch budg- I think most people right now are con- This is something I think we have et. We are looking forward, beyond this cerned with the price of gasoline at the talked about but there is one thing current budget, this continuing resolu- pump. It is going up again. I suggest it that seems to keep getting overlooked. tion, and looking at 2012. I hope the is not market forces that are forcing Somebody asked me the other day, legislative branch on a bipartisan the price up. It is nothing less than they said: Inhofe, what if you are basis—as in the past, with Senator regulation. We have an administration wrong, in terms of how CO2—they are MURKOWSKI, now with Senator that is doing all it can to kill fossil talking about catastrophic global HOEVEN—will be able to further reduce fuels in America. This is a chart show- warming. I said: It is very simple. I the legislative branch budget as we go ing—and this all happened in the last have a great deal of respect for the Di- forward on the 2012 budget that will year—in the United States we have the rector of the Environmental Protection take effect on October 1 of this year. largest recovery reserves in oil, coal, Agency. She actually said—Lisa Jack- This is designed for us to set an ex- and gas of any other country. In fact, son—in response to my question, live ample by cutting our own budgets, not our research is right there. You can see on TV, in our committee. I said:

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The Sen- really affect them because that would Chair, Senator VITTER has an amend- ator from Indiana. only affect the United States. ment which we will take up to discuss f I go on further and say: If we were to later this afternoon. restrict these, and stop us from pro- The PRESIDING OFFICER. The Sen- FISCAL DISCIPLINE ducing oil, gas, and coal in the United ator from Louisiana. Mr. COATS. Mr. President, returning States, necessarily our power would be AMENDMENT NO. 178 to the Senate is in many ways like reduced. That would move it to China, Mr. VITTER. Mr. President, I want having a chance to relive part of one’s to India, to Mexico, to places where to briefly preview an amendment, life; yet doing so with the benefit of ex- they do not have these regulations and Vitter amendment No. 178, which I will perience, experience that I gained in do not have restrictions on emissions. formally call up this afternoon about serving in this body before and also It would have the effect of actually in- 2:45. This is a spending amendment to from service in the private sector. It creasing, not decreasing, CO2. Even if get back to what I believe is the cen- allows one to see things differently we are wrong on that we have to keep tral challenge we face as a country than before. in mind it would not make any dif- right now, this unsustainable path we While I can discuss with my col- ference. are on with regard to Federal spending leagues many things that remain the I know there are several others who and debt. This is a very simple, same in the Senate, there is also much want to talk about this. I am very ex- straightforward amendment which I that has changed in our country that cited we now have this as a pending think deserves and will hopefully get requires change in this institution. It amendment, to adopt what I refer to as strong bipartisan support. It requires is what has changed that has brought the Inhofe-Upton bill. He referred to it the Federal Government to get rid of me back to the Senate. The more I wit- as the Upton-Inhofe bill. It would its billions of dollars of inventory—lit- nessed what was happening to our merely take out the jurisdiction of the erally billions and billions of dollars of country, the more I realized that I, like EPA to regulate CO . 2 unutilized or underutilized real prop- many others across the country, need- I would say also in the case of the Di- erty. rector, Lisa Jackson, when I asked the ed to reengage in some way or another The Federal Real Property Council question—and this was a year ago in in the task of returning our country to reports that the Federal Government October, I say to my good friend from its basic values and time-tested prin- owned or operated more than 1.1 mil- Louisiana—I said: If you are going to ciples, not the least of which is return- lion assets worldwide in 2007. It was try to have an endangerment finding so ing our Federal Government to one worth an estimated $1.5 trillion. But a that would allow the EPA to regulate that ensures a healthy fiscal nation lot of those assets, real property build- the same as the cap-and-trade would, it whose finances and policies promote ings, land, are unused or underused. has to be based on science. What job opportunities for its citizens. According to OMB, there are about science would you base it on? Her re- I could not get comfortable with the 47,000 underutilized properties, almost sponse was the United Nations IPCC. fact that my generation might be the 19,000 completely unutilized properties. What is that? It was Climategate IPC. first to leave a country to our children That is over 65,000 properties with an It happened about a year ago. It was that is in worse fiscal shape and with estimated value of $83 billion that cooked science. I remember standing at less opportunity than the one we had would better be diminished, sold, or de- this podium in this Senate many times, the privilege of inheriting. molished. When I first came to Congress in 1981, talking about how they have tried to This is a commonsense way to save falsify the science to make people be- one of the first votes I had to deal with money in the Federal budget, to move was to raise the national debt limit to lieve catastrophic global warming is us forward in terms of a more sustain- going to come in as a result of CO just over the $1 trillion mark. It was a 2 able path on spending and debt. Obvi- emissions. tough one. Think of that. For nearly ously we need many more larger steps, I am glad this has come up. Right 200 years, as our country prospered and now we are looking at gasoline ap- but this is brought in that spirit. grew financially, we spent ourselves I look forward to returning to the proaching $4 a gallon. It is a supply- into $1 trillion worth of debt. As a floor around 2:45 to make it formally and-demand situation. My friend from newly elected Member of the House of pending and to offer some brief addi- Louisiana has a lot of gas and oil in her Representatives at that time, the last tional comments. State. We do in my State of Oklahoma. thing I wanted to do, particularly hav- I yield the floor. ing run on a campaign of limited gov- We need to get the regulators, who are The PRESIDING OFFICER. The Sen- ernment and trimming the size of gov- the politicians, to allow us to go ahead ator from Louisiana. and exploit our own resources. Eighty- Ms. LANDRIEU. Mr. President, ac- ernment and spending, was to make three percent right now of the Federal cording to the agreement, we are going one of my very first votes on raising lands where we could be producing oil to break now at 12:30 and take up this the national debt to accommodate ex- and gas is off limits. debate this afternoon and stay on this cessive spending. But gritting my teeth The last thing I will say before yield- bill with open debate. Hopefully, it can and swallowing hard, I followed the re- ing the floor is that if we were to take be productive and cordial and then, quest of newly elected President Ron- the recoverable oil and the recoverable hopefully, we can move to pass this im- ald Reagan, who said we need to pay gas and take away the political obsta- portant bill, the reauthorization of past bills so we can get to the job of cles that are in the way, we would have SBIR. cutting spending and cutting taxes and enough to run this country for 90 years, Mr. President, I ask unanimous con- getting our country back on the right in terms of the supply of oil, and for 90 sent that the order with respect to track economically. It is difficult for me to comprehend years in the supply of gas, all produced Senator PORTMAN be vitiated. here in the United States. That would The PRESIDING OFFICER. Without that I am standing here 30 years later, mean we would not have to be reliant objection, it is so ordered. and we are looking at a national debt upon the Middle East to run this ma- Ms. LANDRIEU. Mr. President, we of over $14.5 trillion. So in just 30 years chine called America. will break now and come back and re- we have gone from $1 trillion to $14.5 Let’s pull away those. The way to do sume our debate at 2:15. trillion. I cannot comprehend that that is to vote in favor of this amend- f number. Very few Americans can com- ment and I am very excited we will prehend that number. But, clearly, one have the opportunity to do that short- RECESS thing stands out; that is, this Federal ly. The PRESIDING OFFICER. Under Government has grown faster and The PRESIDING OFFICER. The Sen- the previous order, the Senate stands much deeper in debt than any of us ator from Louisiana. in recess until 2:15 p.m. could have imagined over a very short

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We need to pair our cuts economic growth and defeat of the 1993 ington acts]. with a pro-growth agenda that puts health care plan, President Clinton’s Pete Peterson, former U.S. Secretary Hoosiers and Americans back to work. decision to move to the middle and of Commerce and finance executive, One of the ways Congress can achieve support welfare reform—all contrib- said about the national debt: this goal is by reforming the Tax Code. uted to moving us toward a more sen- We need to ask ourselves, not just is this By lowering marginal rates, by low- sible and fiscally responsible balance sustainable, but is it moral? What does it ering corporate rates to make us more between revenue and spending. In fact, mean to burden our kids to an unconscion- competitive with our competitors in 1998, we actually reached a surplus able doubling of their taxes? around the world, by eliminating ex- of about $69 billion, the first surplus Admiral Mullen, Chairman of the clusions and special introductions and reached since the year 1969. That would Joint Chiefs of Staff, said: credits and simplifying the complex have been the ideal time to lock in a I believe our debt is the greatest threat to and convoluted Tax Code, Congress can balanced budget amendment to ensure our national security. If we as a country do help advance the economic recovery. not address our fiscal imbalances in the near This is a necessary element in the task we would not slip back into deficit term, our national power will erode, and the spending and that Congress and the of returning to fiscal health. I cur- costs to our ability to maintain and sustain rently am working on legislation on White House would be held accountable influence could be great. this very topic and hope to introduce it for future spending. There were two se- Finally, former U.S. Comptroller rious attempts during the 1990s, both of in the coming weeks. General David Walker, who served Third, Washington needs to examine, which I supported, to enact a balanced under both Republican and Democratic budget amendment. They failed, each reduce and, in many cases, eliminate administrations, said: harmful regulations and mandates. As one, by one vote. Think today where What threatens the ship are large, known I have traveled across Indiana, perhaps we would be fiscally had we gotten that and growing structural deficits . . . Habit- one story I have heard over and over one vote and passed either of those ually spending more money than you make from every business with which I en- amendments and sent it to the States is irresponsible. gage is, regulations coming out of for ratification, which I am sure they But that is exactly what Washington Washington, many of which do not re- would have done. We would not be fac- has done, habitually spend, sinking our flect the will of the people, the will of ing the dire situation we face today. fiscal ship deeper and deeper each year. Congress but are imposed by non- I have decided not to go into the de- We saw a drastic swing in November: elected bureaucrats, have put us at a tails of our exploding deficit and debt. Hoosiers and Americans united in a disadvantage with our competitors, Much has already been said and pub- common purpose to demand that our have added additional burdens of pa- lished in that regard. Much has been newly elected representatives and all perwork and compliance that don’t said on this floor, and more will be representatives repair our fiscal health make sense from a health and safety said. Based on the last election, the that has been destroyed by excessive standpoint. American public is now much better in- tax-and-spend policies. They called for Oversight and proposals to address formed of our current financial situa- a change in course. They called for bold the regulatory burdens also need to be tion and the dangerous consequences of action today to preserve our country considered, debated, and voted on by unchecked spending. We have spent be- for tomorrow. They realized that the this Congress. yond our means in all areas of govern- stakes are too high to ignore or delay Fourth, I think we need to promote ment. We have increased unfunded li- addressing our fiscal challenges. Hoo- trade policies. Six thousand businesses abilities, and we have committed to sier families and businesses, local com- in Indiana export overseas. One-fourth programs which we cannot afford or munities, States, and virtually every of all of our manufacturing jobs result sustain. Americans have heard the other entity across Indiana and the from exports. A good first step in this warnings of many who have analyzed country have had to make sacrifices to process is to open our markets by ap- the situation and sounded the alarm. trim their budgets. They are now call- proving the three pending trade agree- In 2010, they said immediate action ing for the Federal Government and ments we have: Korea, Colombia, and must be taken to avoid a national fis- Congress to do the same. Panama. This will increase job oppor- cal crisis of unprecedented negative We cannot succeed unless we to- tunities at home and put us on the consequences. What are those con- gether, Republicans and Democrats, path of continuing open trading that sequences? Ultimately, those con- agree that addressing our current fiscal provides so many jobs to so many sequences include a lower standard of crisis requires political courage and Americans. living, less income for families to take bold action from both parties, both Having said all this, the greatest home to pay the mortgage, to buy that Chambers of Congress, and President threat to our fiscal security is the new car, to save and send their chil- Obama. growing and unsustainable mandatory dren to school. Those consequences I wish to offer what I think are some spending. We cannot strengthen our have, unfortunately, over the past cou- solutions I believe Congress must exe- country’s financial health without ad- ple of years put our Nation in a serious cute, perhaps, in a coordinated way, es- dressing Medicare and Medicaid and unemployment situation. People are sential steps if we are serious about ad- Social Security. These programs along out of work, and they have been out of dressing the fiscal challenge before us. with the interest on the national debt work for months if not years. Ulti- First, stop the fiscal bleeding and consume nearly two-thirds of the Fed- mately, it all turns back to jobs. avoid economic distress by doing so. eral budget. While we hear a lot of talk Having the ability to bring home Washington has to break its spending about the necessity of tackling entitle- earnings that will sustain a family and and borrowing addiction. Like curing ment spending, little action occurs be- provide opportunities for education, any bad habit, it will take discipline cause it is often considered too politi- health, growth for those families, and and commitment. As we consider cally dangerous. However, I believe we give our children and grandchildren spending cuts and ways we can reverse no longer have a choice. We no longer and all those who follow the opportuni- the growth of government, I believe ev- can defer addressing these problems ties so many of us have enjoyed—those erything must be on the table. All until after the next election. The enti- are the consequences we face if we functions of government should be ex- tlement crisis is before us and has been don’t today address these problems. amined, including mandatory spending growing for several years. Many respected economists and fi- and defense spending. Serious discus- We know about the coming baby nancial experts have continued to issue sions and proposals are currently un- boom generation that is retiring and dire warnings about our current fiscal derway in this Congress. I am partici- the impact that will put on entitle- condition. Let me quote a few. pating in many of them. These pro- ment programs. We have to commit to Erskine Bowles, former Chief of Staff posals need to be considered carefully. finding a way to restructure these pro- to President Clinton and cochair of the They need to be debated and voted on. grams and make them solvent.

VerDate Mar 15 2010 02:20 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.013 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1646 CONGRESSIONAL RECORD — SENATE March 15, 2011 Let me repeat that. We are not here Chief, he has clearly articulated his un- and our willingness to believe in our- to undercut these programs; we are derstanding of the issue. selves and to believe in our capacity to here to preserve them. We are here to In 2006, then-Senator Obama said: perform great deeds; to believe that to- make the necessary structural, long- Increasing America’s debt weakens us do- gether, with God’s help, we can and term incremental changes so those mestically and internationally. Leadership will resolve the problems which now benefits will be there for people when means that the ‘‘buck stops here.’’ Instead, confront us.’’ they retire. Washington is shifting the burden of bad For each of us serving here today, I As Winston Churchill once said: choices today onto the backs of our children believe it is our duty to rise to the im- and grandchildren. America has a debt prob- One ought never to turn one’s back on a lem and a failure of leadership. mediate challenge and ‘‘resolve the threatened danger and try to run away from problems which now confront us.’’ It it. If you do that, you will double the danger. Those are the words of former Sen- will take all of us uniting behind a But if you meet it promptly and without ator Barack Obama, now President of common purpose—that above all else, flinching, you will reduce the danger [at the United States. we must first restore and strengthen least] by half. As a candidate for President, in 2008, our fiscal security. We must articulate Presidential candidate Barack Obama We have not met this promptly. But a clear vision, set specific goals, and said: I believe it is not too late to begin the make the tough decisions needed to process of making commonsense ad- We’re going to have to take on entitle- bring our Nation out of debt and pre- justments to the current systems. Mod- ments and I think we’ve got to do it quickly. serve prosperity and opportunity for est incremental changes now will help And in 2009, President Obama said: future generations. us avoid much more drastic and painful What we have done is kicked this can down I am here today to commit to Hoo- changes later. the road. We are now at the end of the road siers, to my colleagues, to my children In 1983, Congress was faced with a se- and are not in a position to kick it any fur- and grandchildren, to all our Nation’s ther. rious Social Security crisis. We were children and grandchildren, that I will months away from having checks not He also promised his administration not turn my back on our economic dan- sent out. Together, President Reagan, would ‘‘work with Congress to execute gers or seek the false safety of political Tip O’Neill, majority and minority serious entitlement reform.’’ denial. members of the Senate and the House, President Obama, as both Repub- I am standing here today to find so- and the political leaders of the respec- licans and more and more Democratic lutions, to make the hard decisions, tive parties gathered together and de- Members of Congress are committing and to leave behind a country that is cided to put this issue and the solution to go forward—and as Republican and stronger and more fiscally secure for to this issue above politics, and they Democratic Governors of States in fis- future generations. did so. It was a difficult debate and dis- cal peril are responding—our Nation, This crisis is not insurmountable. We cussion, but we made the changes that Mr. President needs you now to assume can overcome it by doing what great were implemented on an incremental the primary leadership role in helping generations before us have done: mus- basis. us avert these financial problems and tering our will to do what is right. If Social Security bought 30 years of potential financial meltdown. we do, I know that America’s greatest solvency on the basis of that decision. The 2012 election must be subordi- days are not behind us but still lie The sky did not fall. The economy did nate to the urgency and the challenge ahead. not collapse. And the people, when before us. We cannot afford to wait Mr. President, I yield the floor. they learned why we were doing what until 2013 to begin the necessary work The PRESIDING OFFICER. The Re- we were doing—to preserve the pro- to prevent a fiscal disaster. We need publican leader is recognized. gram, not leave it in a dire situation Presidential leadership now. Our coun- where benefits would have to be cut or try’s future is at stake. f reduced dramatically—they backed Given the immensity of our fiscal what we did and supported it. challenges we face today, some would I believe we are in that position now say it is too late to remedy the prob- CONGRATULATING SENATOR with our entitlements. So if we can lem. I do not hold that view. And I do COATS propose sensible, modest changes that not hold that view primarily because of Mr. MCCONNELL. Mr. President, not will save these programs, I think the our Nation’s history in rising to the often in life does someone get a second public will gladly support them. challenge that faces us. From the opportunity to make a good first im- Over the last decade, we have Founding Fathers to George Wash- pression. The Senator from Indiana has watched the storm clouds gather, and ington, from Abraham Lincoln to Roo- had a chance to make two maiden we have watched as those fiscal clouds sevelt and Reagan, times of trial and speeches in the Senate. I confess I was have drawn ever closer and become crisis have always produced moments not there for the first one, but I am ever darker. They are now bearing of great leadership and the response of pleased to have been here for the sec- down upon us, and alarms are sounding the American people to support that ond, and I want to commend him for louder than ever. As I have said, it is leadership. his extraordinary speech, particularly incumbent upon each of us in this Con- That is what Americans are yearning his emphasis on the importance of the gress to acknowledge that the storm is for today: leadership—leadership to President of the United States leading here and to do all we can to mitigate guide us out of this dangerous financial on the issue of entitlement reform. the damage. hole that threatens our Nation’s secu- We all know that under the Constitu- But given the current division of au- rity and future. tion only the President’s signature can thority in our Congress and executive So I ask our President—as other make a law. I think what the Senator branch, it is incumbent upon the two Presidents throughout our history from Indiana has pointed out, and Chambers and the two parties to set have done in times of major threats— many others have pointed out, is that aside the politics of 2012 for the sake of Mr. President, grant us your leader- on the issue of entitlement reform—the the future of our Nation. I believe the ship. Grant us the leadership needed to over $50 trillion of unfunded liabilities voters will respond favorably to that restore the strength and prosperity we have lying out there ahead of us; decision. that has been the American story and promises we have made we cannot However, no matter what we do as has allowed our Nation to be the de- keep—this cannot be done without elected representatives, we cannot ulti- fenders and protectors of democracy Presidential leadership and a Presi- mately succeed without the engage- and freedom. dential signature. I thank the Senator ment and the support and the leader- Thirty years ago, Ronald Reagan de- from Indiana for reminding us all of ship of the President of the United livered his first inaugural address, and that. We all still hope the President States. We know the President under- expressed the urgent need to rein in will step up and help us meet this enor- stands the gravity of the fiscal crisis. spending and curb the size and growth mous challenge. I commend the Sen- As a former Senator, as a Presidential of the Federal Government. He said ator from Indiana for a wonderful first candidate, and now as Commander in doing so will require ‘‘our best effort, impression.

VerDate Mar 15 2010 02:20 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.013 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1647 SBIR/STTR REAUTHORIZATION ACT tains commitments in three areas or other Arab-Americans are doing their parts OF 2011—Continued baskets: security, economics, and and proudly fulfilling the responsibility of citizenship. The PRESIDING OFFICER. The Sen- human rights. Best known for its We need to encourage this type of co- ator from Maryland. human rights advancements, the OSCE operation between our government and Mr. CARDIN. Mr. President, I under- has been aggressive in advancing these law enforcement agencies in the Mus- stand Senator VITTER will seek rec- commitments in each of the OSCE states. The OSCE stands for religious lim community. ognition to offer some amendments. I As the threat from al-Qaida changes ask unanimous consent that after Sen- freedom and protection of minority rights. and evolves over time, the piece of the ator VITTER has offered his amend- puzzle is even more important to get ments, I be recognized for up to 10 min- I am the Senate chair of the U.S. Hel- sinki Commission. In that capacity, I right. FBI Director Mueller testified utes as in morning business. before the House recently that: The PRESIDING OFFICER. Is there have raised human rights issues in other countries, such as in France At every opportunity I have, I reaffirm the objection? fact that 99.9 percent of Muslim-Americans, Mr. INHOFE. Mr. President, reserv- when, in the name of national security, the Parliament banned burqas and Sikh-Americans, and Arab-Americans are ing the right to object—— every bit as patriotic as anyone else in this wearing of all religious articles or The PRESIDING OFFICER. The Sen- room, and that many of the anti-terrorism ator from Oklahoma. when the Swiss restricted the building cases are a result of the cooperation from Mr. INHOFE. If the Senator amends of mosques or minarets. the Muslim community and the United These policies were restrictive not his request that at the conclusion of States. only to the religious practice of Mus- his remarks we return to amendment As leaders in Congress, we must live lims but also Christians, Jews, and oth- No. 183. up to our Nation’s highest ideals and ers who would seek to wear religious The PRESIDING OFFICER. Does the protect civil liberties, even in wartime symbols and practice their religion as Senator so amend his request? when they are most challenged. The 9/ they saw fit. Mr. INHOFE. Mr. President, I think 11 Commission summed up this well I have also raised human rights when they wrote: the Senator was distracted over there. issues in the United States when we If the Senator would amend his unani- The terrorists have used our open society were out of compliance with our Hel- against us. In wartime, government calls for mous consent request so that we would sinki commitments. In that spirit, I return to amendment No. 183 at the greater powers, and then the need for those find it necessary to speak out against powers recedes after the war ends. This conclusion of his remarks. the congressional hearing chaired by struggle will go on. Therefore, while pro- Mr. CARDIN. Mr. President, I suggest Congressman PETER KING. tecting our homeland, Americans must be the absence of a quorum. Rather than constructively using the mindful of threats to vital personal and civil The PRESIDING OFFICER. The power of Congress to explore how we as liberties. This balancing is no easy task, but clerk will call the roll. a nation can use all of the tools at our we must constantly strive to keep it right. The assistant bill clerk proceeded to disposal to prevent future terrorist at- I agree with Attorney General Hold- call the roll. tacks and defeat those individuals and er’s recent speech to the Arab-Amer- Mr. INHOFE. Mr. President, I ask groups who want to do us harm, this ican Anti-Discrimination Committee, unanimous consent that the order for spectacle crossed the line and chipped where he stated: the quorum call be rescinded. away at the religious freedoms and In this Nation, our many faiths, origins, The PRESIDING OFFICER. Is there civil liberties we hold so dearly. and appearances must bind us together, not objection? Radicalization may be the appro- break us apart. In this Nation, the document Without objection, it is so ordered. that sets forth the supreme law of the land— priate subject of a congressional hear- the Constitution—is meant to empower, not Mr. INHOFE. Mr. President, I yield ing but not when it is limited to one the floor to the Senator from Mary- exclude. And in this Nation, security and lib- religion. When that is done, it sends erty are—at their best—partners, not en- land. the wrong message to the public and emies, in ensuring safety and opportunity for Mr. CARDIN. Mr. President, I ask casts a religion with unfounded sus- all. unanimous consent to be able to speak picions. Actions, such as the hearing held last as in morning business. Congressman KING’s hearing is part week, that pit us against one another The PRESIDING OFFICER. Is there of a disturbing trend to demonize Mus- based on our religious beliefs, weaken objection? lims taking place in our country and our country and its freedoms and ulti- Without objection, it is so ordered. abroad. Instead, we need to engage the mately do nothing to make our coun- HUMAN RIGHTS Muslim community in the United try any safer. Hearings such as the one Mr. CARDIN. Mr. President, I rise States. held last week only serve as a distrac- today to share my thoughts on the A cookie-cutter approach to profile tion from our real goals and provide hearings held last week in the House of what a terrorist looks like will not fuel for those who are looking for ex- Representatives called ‘‘The Extent of work. As FBI Director Mueller recently cuses to find fault or blame in our way Radicalization in the American Muslim testified to the Senate: of life. Community and that Community’s Re- . . . during the past year, the threat from Let’s not go the way of other coun- sponse.’’ Congressional hearings are radicalization has evolved. A number of dis- tries but instead hold dear the protec- supposed to serve as an important role ruptions occurred involving extremists from tions in our Constitution that safe- of oversight, investigation, or edu- a diverse set of backgrounds, geographic lo- guard the individual’s right to freely cation, among other purposes. How- cations, life experiences, and motivating fac- tors that propelled them along their separate practice their religion and forbid a reli- ever, this particular hearing—billed as radicalization pathways. gious test to hold public office in the the first of a series—served only to fan Let us remember that a number of United States. Our country’s strength flames of fear and division. terrorist attacks have been prevented lies in its diversity and our ability to My first concern is the title of the or disrupted due to informants from have strongly held beliefs and dif- hearing—targeting one community. the Muslim community who contacted ferences of opinion, while being able to That is wrong. Each of us has a respon- law enforcement officials. speak freely and not fear the govern- sibility to speak out when commu- I commend Attorney General Holder ment will imprison us for criticizing nities are unfairly targeted. and FBI Director Mueller for increas- the government or holding a religious In 1975, the United States joined all ing their outreach to the Arab-Amer- belief that is not shared by the major- the countries of Europe and established ican community. As Attorney General ity of Americans. the Conference on Security and Co- Holder said: On September 11, 2001, our country operation in Europe, now known as the was attacked by terrorists in a way we Let us not forget it was a Muslim-Amer- OSCE. The Congress created the U.S. ican who first alerted the New York police to thought impossible. Thousands of inno- Helsinki Commission to monitor U.S. a smoking car in Times Square. And his vigi- cent men, women, and children of all participation and compliance with lance likely helped to save lives. He did his races, religions, and backgrounds were these commitments. The OSCE con- part to avert tragedy, just as millions of murdered. As the 10-year anniversary

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Thank you, Mr. Presi- real property. ‘‘(d) WEBSITE.—The Director shall ensure continue to fight terrorism and bring dent, and thanks to my colleagues for that all real properties selected for disposal terrorists to justice. their courtesies and cooperation. under this section are listed on a website After that attack, I went back to my At this point, I move to temporarily that shall— congressional district in Maryland at set aside the pending amendment and ‘‘(1) be updated routinely; and that time and made three visits as a to call up Vitter amendment No. 178. ‘‘(2) include the functionality to allow any Congressman. First I visited a syna- The PRESIDING OFFICER. Is there member of the public, at the option of the gogue and prayed with the community. objection? member, to receive updates of the list Then I visited a mosque and prayed Without objection, it is so ordered. through electronic mail. ‘‘(e) TRANSFER OF PROPERTY.—The Director with the community. Then I went to a The clerk will report. The legislative clerk read as follows: may transfer real property selected for dis- church and prayed with the commu- posal under this section to the Department nity. My message was clear on that The Senator from Louisiana [Mr. VITTER] of Housing and Urban Development if the day: We all needed to join together as proposes an amendment numbered 178. Secretary of Housing and Urban Develop- a nation to condemn the terrorist at- Mr. VITTER. Mr. President, I ask ment determines that the real property is tacks and to take all necessary meas- unanimous consent that the reading of suitable for use in assisting the homeless.’’. (b) TECHNICAL AND CONFORMING AMEND- ures to eliminate safe havens for ter- the amendment be dispensed with. The PRESIDING OFFICER. Without MENT.—The table of sections for chapter 5 of rorists and bring them to justice. We subtitle I of title 40, United States Code, is all stood together on that day regard- objection, it is so ordered. amended by inserting after the item relating less of our background or personal be- The amendment is as follows: to section 611 the following: liefs. (Purpose: To require the Federal Govern- ‘‘SUBCHAPTER VII—EXPEDITED DISPOSAL OF ment to sell off unused Federal real prop- But my other message was equally REAL PROPERTY erty) important: We cannot allow the events ‘‘Sec. 621. Definitions. of September 11 to demonize a par- At the end, add the following: ‘‘Sec. 622. Disposal program.’’. SEC. lll. SALE OF EXCESS FEDERAL PROP- Mr. VITTER. Mr. President, right be- ticular community, religion, or creed. ERTY. Such actions of McCarthyism harken (a) IN GENERAL.—Chapter 5 of subtitle I of fore lunch, I laid the groundwork for back to darker days in our history. Na- title 40, United States Code, is amended by this amendment, so let me quickly tional security concerns were used in- adding at the end the following: summarize. appropriately and led to 120,000 Japa- ‘‘SUBCHAPTER VII—EXPEDITED This is one of a series of amendments nese-Americans being stripped of their DISPOSAL OF REAL PROPERTY that conservatives are bringing to the property and rights and placed in in- ‘‘§ 621. Definitions floor that go to our central challenge ternment camps in 1942, though not a ‘‘In this subchapter: of reining in uncontrolled spending and single act of espionage was ever estab- ‘‘(1) DIRECTOR.—The term ‘Director’ means debt. Clearly, we face a monumental lished. the Director of the Office of Management challenge in this country from the fact The United States should not carry and Budget. that we are on an unsustainable path out a crusade against any particular ‘‘(2) LANDHOLDING AGENCY.—The term right now of Federal spending and debt. ‘landholding agency’ means a landholding religion as a response to 9/11 or other Clearly, this endangers our future. We agency (as defined in section 501(i) of the are used to talking about it as a threat terrorist attacks. The United States McKinney-Vento Homeless Assistance Act will not tolerate hate crimes against (42 U.S.C. 11411(i))). to our kids and grandkids—something any group, regardless of their religion ‘‘(3) REAL PROPERTY.— that will come home to roost years or ethnicity, and we should not allow ‘‘(A) IN GENERAL.—The term ‘real property’ from now. our institutions, including Congress, to means— Sadly, in the last several years, it be used to foment intolerance and in- ‘‘(i) a parcel of real property under the ad- has grown to much more than that. It justice. Let’s come together as a na- ministrative jurisdiction of the Federal Gov- is such an unsustainable path that it ernment that is— tion and move forward in a more con- yields the possibility of a crisis within ‘‘(I) excess; weeks or months or a couple of years. structive and hopeful manner. ‘‘(II) surplus; Mr. President, I yield the floor. ‘‘(III) underperforming; or So we cannot kick the can down the Ms. LANDRIEU. Mr. President, I un- ‘‘(IV) otherwise not meeting the needs of road. We cannot fail to act now. We derstand Senator INHOFE and Senator the Federal Government, as determined by must change the fiscal path we are on VITTER are both on the floor to offer the Director; and to protect not just future generations amendments to the SBIR and STIR ‘‘(ii) a building or other structure located but our country as we know it right Program. Are we under a consent on real property described in clause (i). now. In that spirit, a number of fiscal agreement? ‘‘(B) EXCLUSION.—The term ‘real property’ conservatives are coming to the floor excludes any parcel of real property, and any to offer spending and debt amend- The PRESIDING OFFICER. We are building or other structure located on real not. property, that is to be closed or realigned ments, and I am honored to be associ- Mr. INHOFE. Mr. President, will the under the Defense Authorization Amend- ated with that group. We will see other Senator yield? ments and Base Closure and Realignment Senators come down, including Senator Ms. LANDRIEU. Yes, I yield to Sen- Act (10 U.S.C. 2687 note; Public Law 100–526). CORNYN and Senator RUBIO, Senator ator INHOFE. ‘‘§ 622. Disposal program DEMINT, Senator PAUL, and others, Mr. INHOFE. The pending amend- ‘‘(a) IN GENERAL.—Except as provided in with other spending and debt amend- ment is No. 183. I ask unanimous con- subsection (e), the Director shall, by sale or ments. sent that it be temporarily set aside auction, dispose of a quantity of real prop- Amendment No. 178 is a very simple, for the purpose of introducing amend- erty with an aggregate value of not less than straightforward idea. It would mandate ment No. 161. $15,000,000,000 that, as determined by the Di- that the Federal Government, in an or- Ms. LANDRIEU. Is that Senator rector, is not being used, and will not be derly way, begin to get rid of billions of used, to meet the needs of the Federal Gov- dollars worth of unused or underused VITTER’s amendment? Senator VITTER ernment for the period of fiscal years 2010 was here, so I wanted him to have the through 2015. Federal property. There have been opportunity to offer his. It doesn’t ‘‘(b) RECOMMENDATIONS.—The head of each many studies on this topic. They all matter to me in what order. landholding agency shall recommend to the come to the same bottom line, which is Mr. INHOFE. Why not recognize Sen- Director real property for disposal under that the Federal Government owns ator VITTER for his amendment, set subsection (a). many tens of billions of dollars worth aside our amendment temporarily, and ‘‘(c) SELECTION OF PROPERTIES.—After re- of unused or underused Federal prop- ceiving recommendations of candidate real erty that not only represents assets then we will get to the Johanns amend- property under subsection (b), the Director— ment after that. ‘‘(1) with the concurrence of the head of that could be liquidated to yield money The PRESIDING OFFICER. Is there each landholding agency, may select the real to the Federal Treasury, but as long as objection? property for disposal under subsection (a); we hold on to it as a Federal Govern- Without objection, it is so ordered. and ment, it represents enormous ongoing

VerDate Mar 15 2010 02:20 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.017 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1649 costs to simply maintain and deal with Mr. INHOFE. I ask unanimous con- Mr. INHOFE. Thank you. Again, I this unused Federal property. sent that the reading of the amend- thank the Senator from Louisiana. The Office of Management and Budg- ment be dispensed with. This is an amendment to the under- et says there are over 46,000 underuti- The PRESIDING OFFICER. Without lying bill. It is a very significant one. lized properties but almost 19,000 com- objection, it is so ordered. To give a little background, for the pletely unused properties, with an esti- The amendment is as follows: last 9 years, I have had an effort to mated value between the two cat- (Purpose: To amend the Internal Revenue stop legislation called cap-and-trade egories of $83 billion. Those properties Code of 1986 to repeal the expansion of in- legislation. It is one that I think every- could be liquidated and that money formation reporting requirements to pay- one now—no one used to hear about it, brought to the Treasury. Also, in the ments made to corporations, payments for but everyone is familiar with it now meantime, if we don’t do this, that is property and other gross proceeds, and after all these 9 years. It goes all the actually costing us money in terms of rental property expense payments, and for other purposes) way back to the Kyoto treaty, when upkeep—mowing the grass, if you will, people realized, under the Clinton ad- At the end, add the following: and a lot more other and expensive up- ministration, that we were not going keep. TITLE VI—COMPREHENSIVE 1099 to ratify that treaty. In fact, President TAXPAYER PROTECTION This amendment is very simple and Clinton never even brought it up for straightforward to require the Federal SEC. 601. REPEAL OF EXPANSION OF INFORMA- TION REPORTING REQUIREMENTS ratification. But people realized this Government to sell off or demolish this TO PAYMENTS MADE TO CORPORA- would be something very, very expen- property and help contribute, in a lim- TIONS AND TO PAYMENTS FOR sive to America. ited way but an important way, to get PROPERTY AND OTHER GROSS PRO- So after that, in 2003, 2005, 2008, and us on a different, more sustainable fis- CEEDS. (a) APPLICATION TO CORPORATIONS.—Sec- on up, there were about seven different cal path. tion 6041 of the Internal Revenue Code of 1986 times that Members of the Senate Again, I commend this amendment to is amended by striking subsections (i) and brought up different cap-and-trade leg- all of my colleagues, Democrats and (j). islation. It was in 2003 that MIT and Republicans. As I said, it is part of a (b) PAYMENTS FOR PROPERTY AND OTHER the Wharton School came out with broader effort on this bill—as well as GROSS PROCEEDS.—Subsection (a) of section analyses of what it would cost to do a on other bills, I am sure, in the fu- 6041 of the Internal Revenue Code of 1986 is cap-and-trade bill. The amount always ture—to get us on a different fiscal amended— (1) by striking ‘‘amounts in consideration ranged between $300 billion and $400 path. billion a year. I quite often say, when Today and over the next few days, we for property,’’, and (2) by striking ‘‘gross proceeds,’’ both we are talking about billions and bil- will be seeing Senators CORNYN, places it appears. lions of dollars, you have to bring this DEMINT, RUBIO, and others coming to (c) EFFECTIVE DATE.—The amendments home so people understand what we are the floor with this set of fiscal amend- made by this section shall apply to payments talking about. In this case, in my State ments to nudge, push, pull—anything made after December 31, 2011. of Oklahoma, this would equate to we can do—this body and the Congress SEC. 602. REPEAL OF EXPANSION OF INFORMA- something a little bit over $3,000 for in this important direction before it is TION REPORTING REQUIREMENTS FOR RENTAL PROPERTY EXPENSE every family that files a tax return. too late. PAYMENTS. The reason I am bringing this up at Thank you, Mr. President. With that, (a) IN GENERAL.—Section 6041 of the Inter- this time is that they tried to pass this I yield the floor. nal Revenue Code of 1986 is amended by all throughout the years. I think the Ms. LANDRIEU. Mr. President, let striking subsection (h). last one was the Waxman-Markey bill me just add a word. I see the Senator (b) EFFECTIVE DATE.—The amendment over in the House. It came over to the from Oklahoma. Again, as the man- made by this section shall apply to payments Senate, and, of course, they didn’t have agers of this bill, Senator SNOWE and I made after December 31, 2010. near the votes to pass it over here. I have worked across party lines to bring SEC. 603. INCREASE IN AMOUNT OF OVERPAY- think the most votes they could have the SBIR bill to the floor. We want to MENT OF HEALTH CARE CREDIT WHICH IS SUBJECT TO RECAPTURE. gotten at any time in the Senate to have as open an amendment process as (a) IN GENERAL.—Clause (i) of section pass a cap-and-trade bill was about 30 possible. We think that is fair. We 36B(f)(2)(B) of the Internal Revenue Code of votes. Obviously, that is not enough. would like to really ask people to focus 1986 is amended to read as follows: So this administration decided: Since on amendments specific to this legisla- ‘‘(i) IN GENERAL.—In the case of a taxpayer they won’t do it legislatively, we will tion. I know time on the Senate floor is whose household income is less than 400 per- cent of the poverty line for the size of the do what they wouldn’t do legislatively precious, and we don’t get as much through regulations. That is where the time as we would like to offer our bills family involved for the taxable year, the amount of the increase under subparagraph Environmental Protection Agency and amendments, but we do ask that of (A) shall in no event exceed the applicable came along and—of course, back when everyone so we can try to get this bill dollar amount determined in accordance the Republicans were in the majority, I to the House and, hopefully, to the with the following table (one-half of such was the chairman of the Environment President’s desk. amount in the case of a taxpayer whose tax and Public Works Committee. Now it is Senator INHOFE is here to offer an is determined under section 1(c) for the tax- Senator BOXER from California, and I amendment. We agreed earlier to allow able year): am the ranking member. So we have that to happen, so I will turn the floor jurisdiction over the Environmental over to him. ‘‘If the household income (ex- The appli- The PRESIDING OFFICER. The Sen- cable dol- Protection Agency. pressed as I think it is very important that we ator from Oklahoma is recognized. a percent of poverty line) is: lar amount is: draw this in and make an attempt to AMENDMENT NO. 161 connect the dots and make people real- Mr. INHOFE. I thank the Senator Less than 200% ...... $600 ize what we are talking about now. from Louisiana. At least 200% but less than There is great concern in this country First of all, we are currently on, it is 300% ...... $1,500 my understanding, amendment No. 183. At least 300% but less than about the price of gas at the pumps. It I ask unanimous consent to set aside 400% ...... $2,500.’’. is approaching $4 a gallon, and this is the current amendment for consider- something of great concern to my wal- ation of amendment No. 161 by Senator (b) EFFECTIVE DATE.—The amendment let and to everybody else I know in the made by this section shall apply to taxable State of Oklahoma. JOHANNS and ask for its consideration. years beginning after December 31, 2013. The PRESIDING OFFICER. Is there The problem we have is a bureau- AMENDMENT NO. 183 objection? cratic problem. It is a problem of this Without objection, it is so ordered. Mr. INHOFE. Mr. President, I ask administration not allowing us to ex- The clerk will report. unanimous consent to return to the ploit the reserves we have in this coun- The legislative clerk read as follows: pending amendment, amendment No. try. The Senator from Oklahoma [Mr. INHOFE], 183. We hear over and over—or we did; we for Mr. JOHANNS, proposes an amendment The PRESIDING OFFICER. Without have not heard it recently—that we numbered 161. objection, it is so ordered. have only 28 billion barrels of proven

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They said, right now, the United the estimates vary significantly, the ator BOB CASEY, Senator CLAIRE States of America has more oil, gas, U.S. Geological Survey recently testi- MCCASKILL, Senator CARL LEVIN, and and coal reserves than any other coun- fied that ‘‘the mean in-place gas hy- Senator MAX BAUCUS. try in the world. drate resource for the entire United That is the reason I feel optimistic Let’s take first the oil reserves. States is estimated to be 320,000 tril- that if we can call up this amendment These are the proven reserves. The lion cubic feet of gas.’’ For a perspec- for a vote, we are going to have a fa- problem with using the word ‘‘proven’’ tive, if just 3 percent of this resource vorable vote on it. I know all the Re- instead of ‘‘recoverable’’ is that proven can be commercialized in the years publicans are going to vote for it, and has to be the result of drilling. We have ahead, at current rates of consumption, I think an awful lot of the Democrats to drill and know it is there. Obviously, that level of supply would be enough to will when we are facing a situation if we have obstacles so that a majority provide America natural gas for more where we have gas going so high it is of people, along with the administra- than 400 years. I did not include that. going to be difficult to not give serious tion, do not want us to drill offshore, For 400 years, I am only including what consideration to this amendment. do not want us to drill on public lands, is recoverable and what is out there. I go further to say the administra- and we cannot get in there and prove That is what I call energy security. tion has been of no help. I have a quote it, then we have to go back and take We need to also realize it is not just I have used several times on the floor. the recoverable oil. energy we can do. There is nothing Steven Chu, the Secretary of Energy, This is what the geologists say we more basic than supply and demand. If told the Wall Street Journal that have in this country. No one has re- we are stopping our supply of oil and somehow we have to figure out how to futed this, I might add. Instead of gas in this country, the demand is boost the price of gasoline to the levels being 28 billion barrels, it is 135 billion going to go up, and we will have to go in Europe. That is $8 a gallon. What barrels of oil. If we carry that further, elsewhere. If we want to become inde- they are saying is, they want to do we realize this report is one that shows pendent—and we could become inde- away with fossil fuels, and before we clearly we could have these huge re- pendent if we were to exploit our own can go to other forms of energy, we serves. resources. have to do that. In the meantime, how Let’s go to natural gas and see what We have other reports that talk do we run this machine called Amer- this same CRS report says about nat- about the number of jobs at stake. ica? We cannot do it without oil, gas, ural gas. This chart shows a combina- Only two deepwater well permits have and coal. tion of the fossil fuels; that is, gas, been issued in the last 11 months. I The bottom line is, we do have coal, and oil. First is the United States thought, at the time when we had the enough oil, gas, and coal to run this of America. Second is Russia. It shows oilspill in the gulf, there were going to country. We could be independent from the United States has greater recover- be people around saying: Aha, we are our reliance on the Middle East—to- able reserves than Saudi Arabia, China, going to parlay this into stopping pro- tally—after a short period of time. Peo- Iraq, and these countries combined. duction, stopping exploration. Sure ple say: If we were to open all these places, it would be another 5 or 6 years There is a huge reserve out there. In enough, they did. before we are able to actually produce fact, the reserves of oil we are talking While the moratorium on the gulf this oil and gas we so desperately need about, we have the equivalent to re- has been lifted, only two deepwater in this country. In response to that I place our imports from the Persian well permits have been issued in the say: First of all, it will not be that Gulf for more than 90 years. In other last 11 months. Delays and continu- long. Secondly, I heard that same argu- words, if we lift the restrictions we ation of the current permitting pace ment 5, 6 years ago, and if we had done currently have in place on drilling for could cost 125,000 jobs in 2015, and get- ting down to the developing of Alaska’s it then, we would be there today. oil, it will be 90 years. We have a serious problem that is Gas turns out to be about the same. offshore, for example, would create looming out there. I know others want Based on the CRS report, it says the 55,000 jobs a year. We are talking about to speak. I know Senator BARRASSO— 2009 assessment of the Potential Gas a lot of jobs. We are talking about a lot by the way, Senator BARRASSO has a Committee states that America’s fu- of reasons we should go ahead and adopt this amendment. different amendment than this amend- ture supply of natural gas is 2,000 tril- ment, even though he is a cosponsor of lion. At today’s rate of use, this would Let’s keep in mind what this amend- ment is. It is an amendment that this amendment No. 183. This would go be enough natural gas to meet Amer- into such things as NEPA, the Endan- ica’s demand for 90 years. would take away jurisdiction from the Environmental Protection Agency to gered Species Act, and the other things The report also reveals the number of the EPA is trying to use to regulate coal reserves. The coal reserves are 28 regulate greenhouse gases, anthropo- genic gases, and leave that as some- greenhouse gases to change our life- percent of the world’s coal. CRS cites style in America. That is where we are America’s recoverable coal reserves to thing that should be done by Members of the Senate and the House. today. be 262 billion short tons. For perspec- I yield the floor. Senator BAUCUS from Montana said: tive, the United States consumes 1.2 The PRESIDING OFFICER (Mr. I mentioned that I do not want the EPA billion short tons of coal per year. That FRANKEN). The Senator from New writing those regulations. I think it’s too is a major export opportunity for us, as York. well as for jobs. much power in the hands of one single agen- cy, but rather climate change should be a Mr. SCHUMER. Mr. President, I When we talk about our reserves in matter that’s essentially left to the Con- thank my colleague for his courtesy. I oil, gas, and coal, there are a lot more gress. am not speaking about this issue. I saw out there. This is just what we know is That is what we are talking about. he looked over in this direction. I will recoverable. For example, I did not in- As we speak, the House is marking up be brief. clude oil and gas shale. The Green the bill. It is the Upton-Inhofe bill over I rise to speak about the current de- River Formation located in Colorado, there, and over here it is the Inhofe- bate over the Federal debt. Last week, Wyoming, and Utah contains the equiv- Upton bill. That is to stop EPA from H.R. 1, the House Republican scorched- alent of 6 trillion barrels of oil. The De- this regulation. earth spending proposal that counts partment of Energy estimates that of Senator NELSON from Nebraska said: among its casualties such priorities as this 6 trillion, approximately 1.38 tril- Controlling the level of carbon emissions is border security, cancer research, dis- lion barrels are potentially recover- the job of Congress. We don’t need the EPA aster preparedness, and much needed able. That is equivalent to more than looking over Congress’ shoulder telling us investments in domestic energy pro- five times the oil reserves of Saudi we’re not moving fast enough. duction, was summarily defeated in the

VerDate Mar 15 2010 02:20 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.018 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1651 Senate. That same day, a Democratic controversial policy measures. This is I want to commend Senator alternative that would have cut spend- what is driving the defections on the LANDRIEU, the chair of the Small Busi- ing by $10 billion, compared to current Republican side. ness and Entrepreneurship Committee, levels, and $51 billion, compared to the For example, MIKE PENCE explained and her ranking minority member, President’s budget request, was also he is voting no because the 3-week Senator SNOWE of Maine, for their lead- defeated. We were hopeful these failed measure doesn’t weigh in on abortion. ership in moving this to the Senate votes would be an opportunity to start He is the author of the controversial floor. Getting this considered is vital afresh. We thought it would allow us to hard-right amendment to defund to making progress on this bipartisan hit the reset button on the negotia- Planned Parenthood. Yesterday, he bill. tions. said he wouldn’t mind a government This is the third in a series of bipar- The purpose of those votes was to shutdown if it meant he could succeed tisan bills we have taken up. The first make it clear that both sides’ opening in passing his rider. MICHELE two—the FAA reauthorization, and the bids in this debate were nonstarters BACHMANN said she is voting no be- second, the patent reform bill—have and thus pave the way for a serious, cause the short-term CR doesn’t repeal passed, and it is my hope that all of us good-faith compromise. the health care law. TIM HUELSKAMP, a in this Chamber will seriously consider Unfortunately, an intense ideological freshman from Kansas on the Budget supporting S. 493. tail continues to wag the dog in the Committee, said he would oppose the The 30 million small businesses in House of Representatives. One week stopgap measure because it lacked rid- America are incubators of creativity after those test votes failed in the Sen- ers against EPA and against family and job creation. They drive our inno- ate, House conservatives are still show- planning. vation sector and make us more com- ing no yield. We have moved $10 billion We finally know why a compromise petitive globally. In addition to em- in their direction. They have not has been so hard to come by on the ploying over half our private sector budged an inch off H.R. 1, even though budget. It is because Republicans want workforce, small businesses are the H.R. 1 did not get a single Democratic more than spending cuts; they want to backbone of our American commu- vote in the Senate. In fact, the Repub- impose their entire social agenda on nities and can be a source of economic lican conservatives in the House are the back of a must-pass budget. They advancement for millions of Americans digging in. In the last 48 hours, there are entitled to their policy positions, in every State. has been a wave of hard-liners who are but there is a time and place to debate The Small Business Innovation Re- now rejecting even the 3-week stopgap these issues—and this ain’t it. search Program, or SBIR, sets aside a measure negotiated last week. This We have seen this type of overreach small part of the research and develop- measure is needed to avert a govern- before. In the recent battle in Wis- ment budget from a number of Federal ment shutdown this Friday. But in a consin, where Governor Scott Walker agencies to be used as grants for small vote occurring very shortly in the went to war with the State’s public businesses, and the Small Business workers. Governor Walker started out House, there is expected to be a num- Technology Transfer Program, or seeking concessions from the unions on ber of rightwing defections on this STTR, helps scientists and innovators their benefits in order to reduce Wis- short-term continuing resolution. at research institutions take their dis- Look, Democrats agree this short- consin ’s budget shortfall. In the spirit coveries and commercialize them term solution is not ideal. Running the of cooperation, unions agreed to reduce through small business startups. government 2 weeks at a time is not their benefits. But the Governor didn’t Since their creation in 1982 and 1992, take yes for an answer. He went further good for anyone. We prefer not to have respectively, SBIR and STTR have in- and insisted on ending collective bar- to do another stopgap measure, but we vested more than $28 billion in helping gaining entirely. American small businesses turn into recognize the need, the necessity of The budget fight going on right now big businesses through innovation and averting a government shutdown. in this Chamber is also about more Throughout this debate, Democrats commercialization of cutting-edge than just budget cuts. The conserv- have shown a willingness to negotiate, products. The classic example, which a ative Republicans in the House are a willingness to meet Republicans in number of our colleagues, including showing themselves to be Scott Walker the middle. Yet the rank and file of the Senator LANDRIEU, have highlighted in Republicans. They are using the budget House GOP has been utterly unrelent- to try to shoot the Moon on a wish list the conversation so far is Qualcomm of ing. They have wrapped their arms of far-right policy measures. San Diego, which began as a small around the discredited reckless ap- If this debate were only about spend- business of just 35 employees and has proach advanced by H.R. 1, and they ing cuts, we would probably come to an now, in fact, grown to a company of will not let go. agreement before too long. But we will 17,000. It pays more in taxes every year But why are House conservatives have a hard time coming to an agree- than the whole budget of the SBA. bucking their leadership by resisting ment with these Scott Walker Repub- We can’t lose sight that every large even the stopgap measure? It certainly licans who are trying to use the budget company in America at one point cannot be because it does not cut to enact a far-right social agenda. began as a small business. The SBIR spending because it does by another $6 I urge Speaker BOEHNER to consider a and STTR Programs were created billion over just 3 weeks. The real rea- path to a solution to this year’s budget through bipartisanship and should son many of the House conservative that may not go through the tea party. maintain wide support. In fact, SBIR Republicans, particularly the fresh- He should consider moving on without was signed into law by former Presi- men, oppose the stopgap CR is clear. It them and forge a consensus among dent Ronald Reagan. They more than is because it does not contain the ex- more moderate Republicans and a pay for themselves and the jobs and traneous riders they demand. group of Democrats because if these ex- economic growth they create and the H.R. 1 was chock-full of ideological traneous policy items are going to be a taxes paid by these companies as they policy measures. These items deal with must-have on the budget, a com- grow. controversial issues such as abortion, promise will be very, very, very hard to For too long, the Senate has kicked global warming, and net neutrality. come by. the can down the road by passing tem- They do not belong on a budget bill, Mr. President, I yield the floor. porary extensions month after month, but they were shoehorned onto it any- The PRESIDING OFFICER. The Sen- year after year, for these two vital pro- way. These measures are akin to a ator from Delaware. grams. This week, at long last, we have heavy anchor bogging down the budget Mr. COONS. Mr. President, I rise this a chance to pass real long-term reau- negotiations. afternoon to speak in support of the in- thorization. In recent days, a number of right- credibly important legislation that is It is a shame that we had to vote for wing interest groups—the Heritage on the Senate floor, the Small Business cloture even to just begin debating this Foundation and the Family Research Innovation Research Program reau- bill which has wide bipartisan support. Council—began encouraging Repub- thorization, a bill, S. 493, which also re- Ideology should not trump practical so- licans to vote against any budget authorizes the Small Business Tech- lutions that can put more Americans measure that does not contain these nology Transfer Program. back to work and get our economy

VerDate Mar 15 2010 02:20 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.018 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1652 CONGRESSIONAL RECORD — SENATE March 15, 2011 moving again. These two programs are investments that create growth and job Defense bill. But, most importantly, I proven vehicles for growth in all our creation for our communities—a great think Democrats and Republicans are States, including my home State of example of exactly what it is that the coming together to say we can grow Delaware. SBIR and STTR Programs do. I hope our way out by producing jobs, and this In Delaware, where we have a strong all our colleagues will join in sup- reauthorization bill is one of the bills and growing high-tech sector, small porting Senator LANDRIEU of Louisiana that can actually do that. So I just businesses have been benefiting from in supporting this vital bill and the wanted to put a little exclamation these two programs. With your forbear- great work she and the committee have point on that part. ance, Mr. President, I will, for a mo- done to advance it to this stage. I see the Senator from Alaska, who is ment, just mention three. Mr. President, I yield the floor. going to be expressing her views on one One Delaware company that received The PRESIDING OFFICER. The Sen- of the amendments that is pending. a critical SBIR grant was Elcriton. ator from Louisiana. Then Senator BOXER is also on the Sen- Elcriton started with two employees Ms. LANDRIEU. Mr. President, I sin- ate floor, as is Senator LAUTENBERG who patented a process to take bac- cerely appreciate the remarks of the from New Jersey. I think Senator teria which turned algae into butanol Senator from Delaware and thank him SNOWE may want to say just one word. for fuel. Imagine that. Think of the for his support not only of this pro- Senator SNOWE is here to offer an possibility of literally using pond scum gram but for his expertise and leader- amendment. So why don’t we turn to to produce fuel for cars and trucks. Bu- ship in the whole area of small business Senator MURKOWSKI. tanol is superior to ethanol in many re- innovation and technological advance- The PRESIDING OFFICER. The Sen- spects because it is more compatible ments. He was quite a leader in his pre- ator from California. with the whole current petroleum in- vious positions in Delaware, and he Mrs. BOXER. Just a parliamentary frastructure. This SBIR grant enabled brings a great deal of expertise to the inquiry: Since we are going back and this company to expand significantly, Senate. forth, I ask unanimous consent to be I know the Senator from Alaska is on to grow their production, and to scale recognized after Senator MURKOWSKI. the floor to speak about an amendment up not just the research and develop- The PRESIDING OFFICER. Without that is pending for debate and consider- ment but their early-stage manufac- objection, it is so ordered. ation. We may have amendments that turing. The Senator from Alaska. Another company—Compact Mem- are called up for votes today—that has Ms. MURKOWSKI. Mr. President, I brane Systems of Newport, DE—is put- not been finally decided—but we can thank the chairman of the Small Busi- ting a $1 million SBIR grant to work come to the floor, of course, and offer ness Committee, as well as the ranking amendments and debate several that developing a hollow fiber filter that is member, for their work on this legisla- are pending. used to filter hydraulic fluid from tion. Senator LANDRIEU has spoken One thing I want to say before I turn water. This extends the life of machin- about the necessity, particularly in it over to Senator MURKOWSKI is that I ery, such as wind turbines, that use hy- this environment today, as we are com- think Senator COONS hit the nail on ing out of a recession, to ensure we draulic fluid or filter oil. They started the head when he said a smart budget have a conducive environment for our with three employees and now have 24. plan is going to work to meet the chal- small businesses to thrive. It is not Five of those hires were directly made lenges of this extraordinary debt we just about incentives and opportuni- possible through the SBIR grant. have that has been caused for multiple ties, it is that business environment. Last, in Newark, DE, ANP Tech- reasons. It is important we address One of the things I think is impor- nologies is using an SBIR grant to that correctly and not just one-sided. build biological detection systems for This bill addresses a significant as- tant for us as policymakers to look at our American Department of Defense. pect of smart budgeting and debt re- is those things that are put in place The kit they are developing is rapid, duction by creating jobs that generate that perhaps smother our businesses, lightweight, and lifesaving for our revenues for governments at the local whether it is through regulation or the troops and our first responders. This is level that are looking for those reve- cost of permitting, but also those another example of a great application nues, at the State level where they are things that create uncertainty. That is of cutting-edge technology by a small desperate for those revenues, and at what I would like to speak to for just business that will have positive im- the Federal level that could most cer- a few minutes this afternoon. pacts for our first responders, our tainly use some additional tax reve- The minority leader put forth an Armed Forces, and my home commu- nues so we can maintain our leadership amendment several hours ago that nity of Newark, DE. in strategic investments. would put a stop to the EPA’s com- Since 1983, over 403 Delaware small Now, there were some on the floor mand-and-control climate regulations. businesses have received more than this morning and in the Senate who This is an amendment for which I am $100 million in SBIR grants. I know said the only way to get to a balanced rising today to offer my support. This every one of my colleagues in the Sen- budget is by slashing some of the im- is not the first time I have had an op- ate has a similar positive story from portant programs that help create the portunity to be here on the Senate his or her State. Each one of these atmosphere in America for businesses floor to speak about my concern about businesses I just spoke about in Dela- to thrive. Some of that would be stra- the agency advancing policies ahead of ware could be the next Qualcomm. Any tegic investments in infrastructure; the Congress; of the EPA advancing one of the small businesses in our some of that would be strategic invest- regulations that set climate policy— States that receive grants through ments in education. But even the Busi- again, before the Congress had acted. SBIR and support through STTR could ness Roundtable would say the last We spent a considerable amount of generate a revolution in high tech that programs we should be cutting from time here last year discussing the pit- spurs the creation of thousands of jobs. the budget are effective job training falls of EPA’s massive and unprece- In my view, we cannot afford to let and education programs. Yet, accord- dented expansion of regulatory powers this critical job-creating program ex- ing to the philosophy of some, those as they sought to advance those regu- pire. According to one report, busi- are the first programs that get slashed. lations that would impose that uncer- nesses backed by SBIR grants have That is not smart budgeting. That is tainty on our businesses. been responsible for almost one-quar- not closing the budget gap. That is not I remain as convinced now as I was ter of our Nation’s most important in- putting your head to the problem. when we had the arguments previously, novations over the past decade, and What the Senator from Delaware said when we were talking about this reso- they account for almost 40 percent of is, it is a combination of some stra- lution of disapproval against the EPA, our Nation’s patents. The applications tegic cutting and some discretionary I remain as convinced as ever that range from the military to medicine, budgets. We are going to have to pare EPA’s efforts to impose these backdoor from education to emergency services. down the defense budget appropriately climate regulations is the wrong way, Congress must have a smart ap- and find some cuts in some savings. and perhaps it is the worst way to ad- proach to budget reform that balances Even Secretary Gates acknowledges dress our Nation’s energy and climate budget cuts with strategic long-term there is waste, fraud, and abuse in the challenges.

VerDate Mar 15 2010 02:20 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.019 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1653 Our country is struggling to recover there is not going to be any subsequent dent, when the cap-and-trade proposal from the worst economic downturn in cost. was being debated, very clearly stat- our modern history. We talk daily But this assertion simply denies ed—his words—‘‘electricity rates would about the need for us, as lawmakers, to logic. Their regulations require that necessarily skyrocket.’’ advance those policies that will help expensive new permits be obtained. To The Secretary of Energy has said a our Nation restore job growth. All this do that you have expensive new tech- couple of years ago, ‘‘Somehow we have is going on in the midst of global nologies that have to be purchased, in- to figure out how to boost the price of events that are clearly out of our con- stalled, and operated. gasoline to the levels in Europe.’’ Nota- trol. We have chaotic global events In the next few years these require- bly, I think those comments were made that have driven our energy prices to ments will become more severe and when gasoline was even more expensive near 2-year highs. The last thing in the more businesses will be folded in to than it is today. world for us to do would be to allow face them. To accept these economy- But every Member of this Chamber unelected bureaucrats to impose new wide climate regulations with no sub- should recognize where EPA is going economic burdens on our families and stantive analysis of their economic im- with these regulations. They are the on our businesses. pacts is to take a huge gamble with an administration’s plan B, initially In combination with these recent already fragile American economy. meant to force us here in Congress to events overseas, the EPA’s regulation This is a gamble that I believe we pass cap-and-trade and now of course of greenhouse gases is contributing to should not take. The amendment from substitute for it. I think the question increased energy prices. The prolifera- the minority leader that was presented that is worth asking is, if cap-and- tion, the numbers are astounding in earlier today would ensure that we do trade could not pass for lack of sup- terms of what the EPA is advancing in not. port, why should we let these regula- terms of these regulations that hit our As I mentioned just starting off on tions replace them? If we would not businesses every day. The proliferation my comments, I think it is fitting that agree to a legislative program because of EPA rulemaking on climate change this debate does take place on legisla- it was too damaging, why would we let is creating pervasive uncertainty tion that is designed to help our small command-and-control regulations, throughout our economy. It has sty- businesses. It is true that because the pressed into place through mied and delayed new investments in EPA has decided they are not going to rulemakings, be the answer instead? energy production and this will only regulate greenhouse gases under the If we knew these regulations are a become worse once the temporary re- Clean Air Act—but not according to bad idea whose time should not have lief provided by the EPA’s ‘‘tailoring it—they are not going to regulate the come, why—why—would we let Amer- rule’’ is tossed out by the courts or per- small businesses at this point in time. ican families and businesses suffer haps ratcheted down by EPA’s own Soon, however, they are going to be greater and greater consequences? timeline. caught up in the same net as their In the midst of our economic recov- What is most troubling is that the larger counterparts. In the meantime, ery and high energy prices, we need to EPA has consistently failed to consider as the customers of the refiners and protect our small businesses, not ex- what the economic impact of their powerplants throughout the country pose them to new regulatory burdens. I rulemaking is. We have asked repeat- that are now regulated, our small busi- think the amendment of the minority edly. Yet there is no response back nesses will inevitably face increased leader would do just that. I am hopeful from the EPA. It is kind of a shell costs. Innovation should not mean hav- the Senate will have an opportunity to game that we have seen moving for- ing to find creative ways to comply vote on it and pass it within the near ward. First, the EPA claimed its with government regulations in order future. endangerment finding is simply a sci- to keep your doors open. I yield the floor. entific finding, it is nothing more; Fortunately, it is not too late to pre- The PRESIDING OFFICER. The Sen- there is not going to be any regulatory vent this situation from becoming ator from California. burden that will be created as a result worse. The first round of regulations Mrs. BOXER. Mr. President, I have of this. kicked in at the start of this year, and the floor now to respond to some of the Then we saw a deal struck between then the so-called New Source Per- statements of my friend from Alaska, the automakers and the State of Cali- formance Standards for refineries and and also to be able to enter into some fornia and the environmentalists and powerplants, one of the next steps in colloquies about this very dangerous the EPA to tie emissions standards to the EPA’s regulatory process, are not and radical amendment. But before I do already enacted mileage increases for expected until later this year. We can that, without losing my right to the light-duty vehicles. That move then and we should step in now to prevent floor, I yield for a moment to Senator triggered regulation of greenhouse this additional growth of the now SNOWE to lay down an amendment. gases under the Clean Air Act for all sweeping regulatory burden from the The PRESIDING OFFICER. Without emitters, including stationary sources. EPA. If we do not act now, if we fail to objection, it is so ordered. But here again there was no economic act now, America’s competitive posi- The Senator from Maine. analysis provided by the EPA. A lack tion in the world will continue to dete- Ms. SNOWE. Mr. President, I thank of this analysis or this assessment and riorate. the Senator from California for yield- the lack of information led many Mem- This should be cause for concern for ing to me so I could call up an amend- bers of Congress, myself included, to all of us serving here in the Congress. ment. I ask unanimous consent to set repeatedly ask for a study of the poten- Unfortunately, we have not only failed aside the pending amendment. tial impacts. But EPA has disregarded to put a stop to this agenda but some The PRESIDING OFFICER. Without these requests. Finally, they published have actually embraced it. Expla- objection, it is so ordered. their tailoring rule, which was not only nations are out there, I am sure. Per- AMENDMENT NO. 193 finished without a real economic anal- haps the most common is a misplaced Ms. SNOWE. Mr. President, I rise to ysis, but it was somewhat brazenly hope that by forcing consumers to pay call up amendment No. 193. pitched as regulatory relief. They first more for energy, somehow or other this The PRESIDING OFFICER. The said this was not a burden that had is going to usher in the green jobs to clerk will report. been imposed, and then they come back manufacture the wind turbines and The assistant editor of the Daily Di- and say now we are providing regu- other equipment that can just as easily gest read as follows: latory relief. That is kind of an odd be made overseas. It is this kind of The Senator from Maine [Ms. SNOWE], for claim to have made. thinking that brought us to where we herself, Ms. LANDRIEU, and Mr. COBURN, pro- But what became clear throughout were last year, or the year before, with poses an amendment numbered 193. all of this is that the EPA wants us to the tremendously unpopular cap-and- Ms. SNOWE. I ask unanimous con- believe that none of their actions have trade bill. sent the reading of the amendment be imposed new regulatory requirements For too many in this town, here in dispensed with. and therefore there is no cost. If we Washington, DC, higher energy prices The PRESIDING OFFICER. Without have not added any regulatory burden have been an explicit goal. The Presi- objection, it is so ordered.

VerDate Mar 15 2010 02:20 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.019 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1654 CONGRESSIONAL RECORD — SENATE March 15, 2011 The amendment is as follows: are both cosponsors of this amendment How wonderful is it for me. I drive a (Purpose: To strike the Federal authoriza- as well. hybrid car. I go about 50 miles per gal- tion of the National Veterans Business De- I thank the Senator from California. lon. I can wave at that gas station and velopment Corporation) The PRESIDING OFFICER. The Sen- say I am glad I don’t have to stop here At the end of title V, add the following: ator from California. for a long time. SEC. 504. NATIONAL VETERANS BUSINESS DEVEL- Mrs. BOXER. Mr. President, I am If you don’t want to name the OPMENT CORPORATION. happy my friend has her amendment amendment the Reliance On Foreign (a) IN GENERAL.—The Small Business Act lined up so we can get to that. Oil Forever Act, you can name it some- (15 U.S.C. 631 et seq.) is amended by striking I commend, first of all, the Senator thing else: section 33 (15 U.S.C. 657c). from Louisiana for her measure that is The More Air Pollution for Ameri- (b) CORPORATION.—On and after the date of before us. It is a bill I support very enactment of this Act, the National Vet- cans Act. The More Air Pollution for strongly. Therefore, to say I was dis- Americans Act. More air pollution. erans Business Development Corporation and appointed to see an unrelated amend- any successor thereto may not represent Now, we all ran for office and we all ment offered is an understatement. But that the corporation is federally chartered or run for office. I never met one person that is the way it is. We are going to in any other manner authorized by the Fed- who said: Please go back there and get have to vote on this. Frankly, we have eral Government. me more air pollution. Not one person had votes similar to this before. I feel (c) CONFORMING AMENDMENTS.— ever said that. What they tell me is (1) SMALL BUSINESS ACT.—The Small Busi- comfortable and hopeful that we will that they know someone with asthma. ness Act (15 U.S.C. 631 et seq.), as amended defeat this amendment. by this Act, is amended— In about 5 minutes I am going to They have asthma. Their kid has asth- (A) by redesignating sections 34 through 45 yield for a question to my friend from ma. as sections 33 through 44, respectively; New Jersey, but before I do that I want So here is what happens here. This (B) in section 9(k)(1)(D) (15 U.S.C. to make about 5 minutes worth of re- bill says, forever, the EPA can never, 638(k)(1)(D)), as amended by section 201(b)(3) ever go after carbon pollution. Let me of this Act, by striking ‘‘section 34(d)’’ and marks. The amendment that is pending on repeat that. This amendment, despite inserting ‘‘section 33(d)’’; the fact that the Clean Air Act specifi- (C) in section 9(s), as added by section this bill has been named by Senators 201(a) of this Act— MCCONNELL and INHOFE The Energy cally says that carbon pollution is cov- (i) by striking ‘‘section 34’’ each place it Tax Prevention Act. Good title. The ered, says, no more. EPA cannot go appears and inserting ‘‘section 33’’; bill doesn’t do one thing to lower the after it. It is going to keep on keeping (ii) in paragraph (1)(E), by striking ‘‘sec- price of oil—not one thing. We know on, and there is going to be more air tion 34(e)’’ and inserting ‘‘section 33(e)’’; and what we can do right now to lower the pollution for every American. That is (iii) in paragraph (7)(B), by striking ‘‘sec- price of oil. We know we should go what this amendment promises that tion 34(d)’’ and inserting ‘‘section 33(d)’’; after the speculators who are specu- they want to pass. (D) in section 35(d) (15 U.S.C. 657i(d)), as so I have to tell you, my colleagues are redesignated and as amended by section lating on futures. We know we have the 201(b)(5), by striking ‘‘section 42’’ and insert- Strategic Petroleum Reserve that the playing scientist and they are playing ing ‘‘section 41’’; President is looking at. Every time we doctor. They are deciding for us wheth- (E) in section 38(d) (15 U.S.C. 657l(d)), as so have taken some oil out of that it has er we should be exposed to pollution. redesignated and as amended by section had a salutary impact on the price of When we hear from my colleague, Sen- 201(b)(6) of this Act, by striking ‘‘section 42’’ gas immediately. We know we should ator LAUTENBERG, we are going to hear and inserting ‘‘section 41’’; and increase our investment in alternative what it is like to have a grandchild (F) in section 39(b) (15 U.S.C. 657m(b)), as clean fuels. We know what we have to with terrible asthma and to worry so redesignated and as amended by section about it 24/7. 201(b)(7) of this Act, by striking ‘‘section 42’’ do. We have to work for more stability and inserting ‘‘section 41’’. in the Middle East. Most of all, we have So who are the real doctors and what (2) THIS ACT.— to get off foreign oil. We cannot be hos- are they saying? We got a letter in op- (A) IN GENERAL.—The amendments made tage to what is going on in the world. position to this terrible amendment by section 205(b) of this Act shall have no This bill does nothing about it. It has a from the American Lung Association. I force or effect. good title but it has nothing to do with guarantee you, Mr. President, even (B) PROSPECTIVE REPEAL OF THE SMALL the price of oil. We know what we have though you are an extremely persua- BUSINESS INNOVATION RESEARCH PROGRAM.— to do to do something about that. I sive person, if you went outside and Effective 5 years after the date of enactment hope we will. just stopped people on the street and of this Act, the Small Business Act (15 U.S.C. Let me tell you what I would name 631 et seq.) is amended— said: Well, who is really more trust- (i) by striking section 42, as added by sec- this amendment. I would not name it worthy about your health, the Amer- tion 205(a) of this Act and redesignated by what it has been called, the Energy ican Lung Association or a Senator, I paragraph (1)(A) of this subsection; and Tax Prevention Act, because it doesn’t don’t care what you say, they would (ii) by redesignating sections 43 and 44, as do a thing about that. I would call it take the American Lung Association. redesignated by paragraph (1)(A) of this sub- the Reliance On Foreign Oil Forever They oppose this. section, as sections 42 and 43, respectively. Act, because part of it says we can no The American Public Health Associa- (3) VETERANS ENTREPRENEURSHIP AND longer look at fuel economy through tion, the American Thoracic Society, SMALL BUSINESS DEVELOPMENT ACT OF 1999.— the Clean Air Act and make gains on Section 203(c)(5) of the Veterans Entrepre- the Asthma and Allergy Foundation of fuel economy. America, the Physicians for Social Re- neurship and Small Business Development We all now have the opportunity to Act of 1999 (15 U.S.C. 657b note) is amended sponsibility and Trust for America’s by striking ‘‘In cooperation with the Na- buy gas-efficient cars. How do you Health—they write to us. tional Veterans Business Development Cor- think that happened? It did not happen I ask unanimous consent to have this poration, develop’’ and inserting ‘‘Develop’’. without some leadership here. As a printed in the RECORD. (4) TITLE 10.—Section 1142(b)(13) of title 10, matter of fact, the Senator from There being no objection, the mate- United States Code, is amended by striking Maine, OLYMPIA SNOWE, was very in- rial was ordered to be printed in the ‘‘and the National Veterans Business Devel- volved in that. My colleague Senator opment Corporation’’. RECORD, as follows: FEINSTEIN was as well. We all worked MARCH 15, 2011. (5) TITLE 38.—Section 3452(h) of title 38, on this—Senator LAUTENBERG. We said United States Code, is amended by striking DEAR SENATOR: We the undersigned write ‘‘any of the’’ and all that follows and insert- we are going to have more fuel-effi- to express our strong opposition to the ing ‘‘any small business development center cient cars. According to this, it is over McConnell Amendment, known as the ‘‘En- described in section 21 of the Small Business and no State can step out and pass ergy Tax Prevention Act of 2011.’’ We believe Act (15 U.S.C. 648), insofar as such center of- tougher fuel economy standards. It is that this legislation would block the Envi- fers, sponsors, or cosponsors an entrepre- stopping our States from acting. That ronmental Protection Agency, EPA, from neurship course, as that term is defined in is No. 1. So I call it the Reliance On setting sensible safeguards to protect public section 3675(c)(2).’’. health from the effects of air pollution. Foreign Oil Forever Act because as Our organizations are keenly aware of the Ms. SNOWE. Mr. President, I will ad- long as we drive cars that do not do health impacts of air pollution. The Clean dress this amendment later. I wish to well on fuel economy, we will be stop- Air Act guarantees all Americans, especially add that the Chair and Senator COBURN ping at the gas pump. Mark my words. the most vulnerable, air that is safe and

VerDate Mar 15 2010 02:20 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.019 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1655 healthy to breathe. Despite tremendous air where we know how much carbon pol- their thoughts reflected here—say: pollution reductions, more progress is needed lution we are producing. This is a rad- Just ignore the Supreme Court. Ignore to fulfill this promise. ical amendment. I trust we will defeat the scientists. We know better. They If passed by Congress, this legislation it. want to reward the polluters by crip- would interfere with EPA’s ability to imple- I yield to Senator LAUTENBERG, with- ment the Clean Air Act; a law that protects pling EPA’s ability to enforce the the public health and reduces health care out losing my right to the floor, for a Clean Air Act. costs for all by preventing thousands of ad- question. Gutting this vital law is a clear and verse health outcomes, including: cancer, The PRESIDING OFFICER. The Sen- present danger. The Clean Air Act pro- asthma attacks, heart attacks, strokes, ator from New Jersey. tects our children from toxic chemicals emergency department visits, hospitaliza- Mr. LAUTENBERG. Mr. President, I in the air and illnesses such as asthma tion and premature deaths. A rigorous, peer- would ask the Senator from California and lung cancer. Last year alone, the reviewed analysis, The Benefits and Costs of how she sees the amendment we are law prevented 1.7 million cases of the Clean Air Act from 1990 to 2020, con- discussing in terms of the lives of our ducted by EPA, found that the air quality childhood asthma—1.7 million chil- countrymen as we see them. And I wish dren—and more than 160,000 premature improvements under the Clean Air Act will to first mention what I see and see if save $2 trillion by 2020 and prevent at least deaths, according to the EPA. 230,000 deaths annually. the Senator agrees with me. Those numbers are gigantic, but they Additionally, the public strongly opposes Mrs. BOXER. Absolutely. loom much larger when it is your child, Mr. LAUTENBERG. The amendment Congress blocking EPA’s efforts to imple- when it is your doctor who says: I hate that has been proposed by the Senator ment the Clean Air Act. A recent bipartisan to tell you this, Mr. or Mrs., but your from Kentucky, Republican MITCH survey, which was conducted for the Amer- child is sick. Your child has asthma. ican Lung Association by the Republican MCCONNELL, is as dangerous an effort Your child may have lung cancer. And firm Ayres, McHenry & Associates and the as we can imagine. It would undermine the largest cause of these conditions is Democratic polling firm Greenberg Quinlan our children’s health while helping pol- pollution in the air. Rosner Research indicates the overwhelming luters and their lobbyists. And what a Numbers are big in what we say here view of voters: 69 percent think the EPA strange thing this is. I hope the Amer- should update Clean Air Act standards with because it doesn’t seem to be entering ican public sees it for what it really is. stricter limits on air pollution; 64 percent the thought process. What goes around It is an attack on the well-being of our feel that Congress should not stop the EPA comes around, and it may be your child children, our grandchildren, at the ex- from updating carbon dioxide emission in danger, and heaven forbid, because pense of promoting those companies, standards; 69 percent believe that EPA sci- there isn’t a parent or a grandparent entists, rather than Congress, should set pol- taking the rules off so those companies around who wouldn’t give their own lution standards. can run rampant, do any darned thing life to protect the lives of their chil- The McConnell Amendment would strip they want, put up any pollution they dren or grandchildren. away sensible Clean Air Act protections that feel like doing, not having to care that Do you really want to know the real safeguard Americans and their families from effluent from their manufacturing air pollution. We strongly urge the Senate to value of the Clean Air Act to American process has to be properly packaged support the continued implementation of families? Talk to the millions of par- away but just dump it, get rid of it. this vital law. ents who live in fear of their child’s Often, those dump sites wind up as Sincerely, next asthma attack, and it is one my Superfund sites. But it does not mat- CHARLES CONNOR, own family knows very well. A grand- President and Chief ter; just go ahead and do what you Executive Officer, want. son of mine suffers from the disease. He American Lung As- I was watching television, as every- is an active athlete, and every time he sociation. body here must be, looking at the ca- goes to a soccer game or another game, GEORGES C. BENJAMIN, MD, lamity that struck Japan, and I saw my daughter first checks to see where FACP, FACEP (E), one bright moment. They found a child the nearest emergency room is because Executive Director, if he starts wheezing, she knows very American Public who was under debris for something like 3 days, and they unearthed her. well that she has to get him to a clinic. Health Association. The experience in our family with DEAN E. SCHRAUFNAGEL, She was so beautiful, and it brought MD, tears to my eyes—I am a tough guy, it asthma is a tragic one. My sister, who President, American is believed—to see this beautiful thing was in her early fifties, 52 years of age, Thoracic Society. alive and wanting to be protected and was at a school board meeting when BILL MCLIN, continue her life. she felt an attack of asthma coming President and CEO, I never met a grandparent who was on. She started out to run to her car, Asthma and Allergy not ready to show you pictures of their where she carried a little plug-in res- Foundation of Amer- latest grandchild. So there is no deeper pirator. She never made it. She col- ica. lapsed in the parking lot, and she died PETER WILK, MD, love that can be found. Executive Director, Here, we hear the message that has within 3 days. Physicians For So- been going around: Let’s get rid of the So when you see the effects of these cial Responsibility. EPA’s ability to regulate. Who are things, you say: What could we pos- JEFFREY LEVI, PhD., they to tell us what businesses can do? sibly do to prevent this from happening Executive Director, Thank goodness that in this demo- again to another family, to another Trust for America’s cratic society in which we live, there relative? The tea party Republicans Health. are rules and regulations to keep us as say to these families: Clean air is nice, Mrs. BOXER. ‘‘We the undersigned a civilized nation. The Supreme Court but, listen, these companies have to write to express our strong opposition and scientists at the Environmental make money, they have to pay divi- to the McConnell amendment known as Protection Agency agreed that the dends, they have to pay big salaries to the Energy Tax Prevention Act of 2011. Clean Air Act is a tool we must use to these executives. So for them, on that We believe this legislation would block stop dangerous pollution. side, they say the most important the Environmental Protection Agency This amendment, it is very clear, fa- thing is those profits, those companies. from setting sensible safeguards to pro- vors one group—the business commu- Too bad, kids; sorry, we can’t help you. tect public health and the effects of air nity. I come from the business commu- The tea party Republicans say you pollution.’’ nity. I know what companies will do to can’t restrict polluters with regula- So here is where we are. This is a ter- help stretch their profits. Most compa- tions. It is too cumbersome. By their rible amendment. It is going to keep us nies do it reliably, honestly, and so logic, we ought to get rid of traffic sig- reliant on foreign oil. It is going to forth, but there are others who encour- nals. Those red lights really slow down overturn the endangerment finding, a age this kind of thinking and say: Get traffic. It is a darn nuisance. How does health finding made by scientists and rid of this regulation, this bureaucratic that sound for logic? That is what they doctors that says carbon pollution is stuff. are essentially saying. While we are at dangerous. It is even going to stop us You know, the Republican tea party it, maybe we ought to get rid of the air from having a greenhouse registry politicians—and we see them, we see traffic control system, too, because

VerDate Mar 15 2010 04:22 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.027 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1656 CONGRESSIONAL RECORD — SENATE March 15, 2011 why should pilots of these big aircraft I ask the Senator from California, do tion standards. What does the McCon- have to wait for some government bu- you generally agree with what I have nell amendment do? It says that MITCH reaucrat to tell them where and when had to say here? MCCONNELL and JIM INHOFE—my they can land or take off? Just another Mrs. BOXER. Well, I say to my buddy, my pal, and we are friends. But bureaucratic agency. As ridiculous as friend, not only do I generally agree, I on this one, we are on opposite sides. I it sounds, that is how ridiculous this agree wholeheartedly. stand with the American people on this sounds and should sound to the Amer- Let me show you a picture of a cou- one. Sixty-nine percent say EPA sci- ican people, the people across this ple of kids. We have a couple of pic- entists, not Congress, should set pollu- country. tures. I would love my friend to look at tion standards. Stop it, Republicans. Stop threat- this, these beautiful children. Why would that be? These are people ening our children. Stop taking away a They say a picture is worth 1,000 from Alabama, Florida, California, level of protection they now have. And words. This is worth 1 million words. New Hampshire. It doesn’t matter. if the tea party Republicans have their This baby has to go to a mask to This is a huge number. Why do they think that? Common sense. We trust way, we will get rid of these environ- breathe air because the air is so foul. doctors and scientists to tell us what is mental regulations because they inter- We have another picture of another good for us, not politicians. Period. We fere with some of these companies’ child. I am sure my colleague has seen have Members of Congress who are doc- rights to pollute. Do we want to pro- it. I am a grandma. I would say we are talking maybe 3 years old, maybe even tors. But I have to say, some of them tect our children from playing outside come out against the science and the in foul air by keeping them indoors on younger, a child knowing how to gasp for air. Here is another beautiful child. doctors because they have given that a permanent basis or would it be better up. They are politicians now. Here is if the air were clean and they could go The answer I give to my friend is— thanking him for his passion, because the deal. We have the McConnell outside and play and you don’t have to amendment. It is taken straight from worry about it? this is what he has dealt with with one of his grandkids, the fear, the blood- the Upton bill in the House and the If you want to see where the Repub- Inhofe bill in the Senate that stops licans will lead us, look at China. curdling fear, as my friend has said over and over, that when he is out and EPA in its tracks from updating Clean China has no clean air act. The air Air Act standards, so that we have a there is so polluted that many people playing a sport, he might have to rush to an emergency room and my friend’s standard for carbon pollution which is wear masks when they walk outside. dangerous. Who tells us it is dan- daughter having to know in advance During the Olympics in Beijing, some gerous? The doctors. Who tells us it is where the nearest emergency room is— U.S. athletes delayed their arrival to dangerous? The scientists. Who made this amendment is an attack on our avoid the exposure to the polluted air. an endangerment finding? The Envi- children. I was on a trip to China some years Let me prove it. We have the leading ronmental Protection Agency. Do my colleagues know who actually ago, and I went to visit the Minister of health experts who have just sent us a came up with the idea of an Environ- Environment. He started complaining letter telling us it is an attack on our mental Protection Agency in the 1970s? about how much of the energy supply children. I put up any Senator against the United States uses and fouls the Richard Nixon. Everyone knows Rich- these groups for a debate. When I hear ard Nixon was a Republican. By the air. So I was stunned because I had from the American Lung Association, looked outside the window, and I in- way, I have the same Senate seat he the American Public Health Associa- once held. In this, we are in agreement. vited him to join me from the 23rd tion, the American Thoracic Society, floor and look down at the street. The The EPA was a brilliant idea. Why? Be- the Asthma and Allergy Foundation, cause if we can’t breathe, we can’t only thing is, you couldn’t see the from physicians across the country, street. It was so blocked with soot and work. My colleagues may think they the Trust for America’s Health—they are doing something for the economy mist, poisonous mist out there, you say: Beat this McConnell amendment; couldn’t see the sidewalk. That is how by telling the EPA to go into their it is dangerous—I listen. So should rooms and forget about their jobs. But heavy the pollution in the air was. We every American. I don’t care if one is a don’t need that. when people start getting more asth- Republican or a Democrat. ma, when there are increased pre- We want to make sure we take care The Senator from Alaska was railing of our obligation to our families, to the mature deaths, they will think about it against the Environmental Protection again. children, and the strongest obligation Agency. Let’s see what the American anybody has in America is to the kids. Let me show my colleagues what people think of the Environmental Pro- happened in Los Angeles since the The bottom line is that a day on the tection Agency. There was a bipartisan Clean Air Act was passed. This is an playground should not end in an emer- poll done by a Republican pollster and amazing graph. I hope people can see gency room. But for millions of chil- a Democratic pollster. Sixty-nine per- this clearly. In the 1970s, when Richard dren with asthma in America, that is cent of Americans think EPA should Nixon and Congress voted the Clean exactly where the tea party Repub- update the Clean Air Act standards Air Act in—and it was voted in with a licans want to take our country. with stricter air pollution limits. The huge majority, it was overwhelming— As a corollary, I just met with a McConnell amendment says to EPA: in Los Angeles, 166 days were lost group concerned about diabetes, par- You may not do this. You may not up- where people were told they had to ents, each one of them, of a child with date air pollution standards as it re- stay in, sensitive people. I remember diabetes. I have a grandchild who suf- lates to carbon pollution. those years. You used to go to the fers from diabetes. The forecast is that We are a country that is polarized by radio to make sure it was safe to go of children born in 2000, the year 2000, a lot of issues. I appreciate that. I out, if you had a kid with asthma or one-third of them will ultimately have often say, I just came out of an elec- you had a mom who had a breathing diabetes. And it sends a chill through tion that was tough. But 68 percent of problem. More than half the year, in your body when you look at these kids the people believe Congress should not those years, you couldn’t go out of the and you think, well, one of the three of stop EPA from enforcing Clean Air Act house. Think about what that says them is going to be a diabetic before standards. Let me repeat: 68 percent of about the economy, when people are their life ends. the American people—this poll was trapped inside their houses. Think I use that example to remind every- done February 16, very recently—be- about what it means to their freedom body, those who can see and hear what lieve Congress should not stop EPA of movement and think about what it we are talking about and those on the from enforcing Clean Air Act stand- means to the economy when so many other side who want to sweep away all ards. Guess what the McConnell people have to stay home and not go to of the protections we passed with the amendment does. It stops the EPA work, not go to school. Clean Air Act and let those who would from enforcing Clean Air Act stand- Over the years, as the EPA starts to pollute go on unencumbered. So I hope ards. do its job, we start to see fewer and my colleagues will stand up and vote Sixty-nine percent believe EPA sci- fewer lost days where people could ac- down this amendment. entists, not Congress, should set pollu- tually go out. I am proud to tell my

VerDate Mar 15 2010 02:20 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.021 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1657 colleagues, in 2010, in Los Angeles, for a question. I want her to know how ness, competition will suffer and American which was once the smog capital of the much I rely on her leadership. MARIA motorists, truckers and farmers will be in- Nation, not one day was there an advi- CANTWELL has been a leader from the creasingly reliant on foreign refiners to sup- ply our nation’s gasoline and diesel fuel.’ sory, not one day. What more of a suc- beginning on clean air, clean water, ‘‘We . . . have taken the first steps in at- cess rate can we have? safe drinking water, cleaning up Super- tempting to restrain this regulatory over- Do my colleagues want to see more fund sites. She never flinches. reach that will restrict oil supplies and cause success? I will show you some of the Before I yield for a question, I start- gasoline prices to rise.’’ benefits in another way. The Congress ed off my debate by telling the Senate But can the bill really stop gas prices from said to the EPA: We want to make sure what my friends on the other side call going up, as the letter says? We’ll look at two key questions. Could the there are benefits that go along with their amendment. They call it the En- your enforcement of the Clean Air Act, proposed EPA regulations on oil refineries ergy Tax Prevention Act. I have al- actually increase prices at the pump? And so that when you go to a company that ready told my colleagues why it should when would the impact of the regulations be is belching smoke and you say they be called the more air pollution for felt? have to install some cleanup devices, it every American act or, if they don’t As to the first question, experts had dif- is working. What did we find out? In like that, we could call it the relying ferent opinions. 2010, the Clean Air Act prevented The oil industry argues that regulations on foreign oil forever act. That is what imposing new costs on refiners could force 160,000 cases of premature death. We it truly is. It stops us from cleaning up understand why the heart doctors and U.S. refineries to charge more. (The proposed our air, which the people definitely do regulations are supposed to shield smaller the lung doctors and the physicians not support, 69 percent of the people in operations from regulatory impacts, but ex- and the public health doctors are tell- a bipartisan poll. perts said that a significant proportion of ing us: Don’t vote for McConnell. It I ask unanimous consent to have U.S. refineries would indeed be affected.) ‘‘It’s Economics 101,’’ said John Felmy, will turn the clock back. We saved printed in the RECORD this Truth-O- 160,000 lives in 2010 alone. Projected chief economist at the American Petroleum Meter Politifact. That is an inde- Institute. ‘‘The refinery business is a very out, it is going to go way higher in the pendent Web site that judges the truth number of premature deaths averted, if low-margin business. They have no margin of these claims. for error and face tough competition inter- we move forward with the Clean Air There being no objection, the mate- nationally.’’ Act and we don’t substitute politicians rial was ordered to be printed in the Others argue the refining industry could for doctors and scientists. Clearly, we RECORD, as follows: adapt to new regulations. ‘‘Looking at past public claims when the are on the right track. In the future, FRED UPTON SAYS PENDING BILL TO BLOCK Clean Air Act was passed would show that we prevent even more deaths—230,000, EPA CURBS OF GREENHOUSE GASES WILL U.S. refining capacity still managed to in- to be exact, by 2020. ‘‘STOP RISING GAS PRICES’’ crease over time, despite the high expense I don’t care if one is a Republican or To hear Reps. Fred Upton and Ed Whitfield a Democrat, liberal, conservative, refiners had to put out to comply with the talk about their new energy bill, you’d think Clean Air act,’’ said Amy Myers Jaffe, a fel- Independent, whatever, this has noth- it will prevent gas prices from increasing be- low in energy studies at Rice University. ing to do with politics. This has to do fore your next fill-up. ‘‘So one might imagine, depending on the with families. This has to do with Upton, the Michigan Republican who details on how carbon regulation would be health. That is why we see 69 percent of chairs the influential Energy and Commerce implemented, U.S. industry could likely the people saying: Congress, butt out of Committee, and Ed Whitfield, the Kentucky similarly adjust,’’ Jaffe said. ‘‘It depends on this. Let the EPA do its work. That is Republican who heads the Energy and Power the specifics of how a policy is implemented. subcommittee, recently argued in a letter to There are no doubt some small refineries in why a defeat of the McConnell amend- fellow lawmakers that one way to stop rising ment means we are standing with the the United States that might be really ineffi- gas prices would be to pass the Energy Tax cient, so maybe some of them would close if doctors, with the scientists and, more Prevention Act of 2011 (H.R. 910). they had to increase their costs substan- than anything else, we are standing The bill grows out of longstanding frustra- tially, but tiny, uncompetitive, regional re- with the kids. We are standing with tion by industry groups and lawmakers who fineries are not the main thing that makes these beautiful kids, these kids who at believe that Environmental Protection the US refining and marketing industry age 3 are having to learn how to Agency regulations unnecessarily burden ‘competitive.’ ’’ many companies. Indeed, while a shift to overseas refiners breathe oxygen because they can’t go The measure—which Whitfield’s sub- outside because the air is dirty. could have negative consequences for the na- committee approved on March 10, 2011, and tion—it could weaken the United States’ in- Whose side are we on? Are we on the which now heads to the full committee— side of this baby and his family or are dustrial base, threaten U.S. jobs and pose would prevent the EPA from regulating problems for national security—it’s not a we on the side of the biggest polluters greenhouse gases for the purpose of address- foregone conclusion that prices at the pump in the country who are making billions ing climate change. would rise. If U.S. refiners become less com- of dollars? They are doing fine, and all Here’s a portion of what Upton and petitive and more oil is instead imported they have to do is do a little bit more Whitfield wrote to their colleagues in the from overseas refiners, it will be because the to clean up the air. We had lots of ar- March 8, 2011, letter, which is headlined, cost of refining overseas becomes more com- ‘‘Concerned About High Gas Prices? Cospon- guments over the years. Every time we petitive. That’s the essence of a free market. sor H.R. 910 and Make a Difference Today!!’’ And even if the cost of refining did go up, had Clean Air Act amendments, people ‘‘Whether through greenhouse gas regula- argued: Don’t do it. The air is clean the cost of gasoline is volatile and affected tion, permit delays, or permanent morato- by many factors such as global demand and enough. Stop. Enough. Business can’t riums, the White House takes every oppor- supply disruptions. So there’s no certainty do it. tunity to decrease access to safe and secure that a bump in refining costs would nec- Guess what we found out. Not only sources of oil and natural gas,’’ the law- essarily translate into higher prices at the did business step up to the plate and do makers wrote. ‘‘Gasoline prices have climbed pump. it, but what was created was an incred- dramatically over the past three months. As for the second question—when any im- ible export business, exports of clean American consumers deal with this hardship pact might be felt—the rules wouldn’t take air products, technologies, machinery, every day, and as this poll indicates, the ma- affect for months or years. jority of respondents do not see the pain sub- the best available technology made in The EPA won’t even propose the first-ever siding anytime soon. Americans also under- greenhouse-gas standards for refineries until America. We are talking about taking stand the realities of supply and demand as December 2011 and doesn’t plan to issue final the lead on clean air and keeping it, it relates to oil prices. Unfortunately the standards until November 2012. Those stand- not retreating. White House does not. . . . ards would govern emissions for new and sig- We remember when the Berlin Wall ‘‘H.R. 910, the Energy Tax Prevention Act nificantly overhauled refineries. Rules for came down. Everyone said: Hooray. of 2011, is the first in this legislative series existing refineries are expected to be un- But then they could see the air settling to stop rising gas prices by halting EPA’s veiled in July 2011. on the other side. Germany did the Clean Air Act greenhouse gas regulations. As Based on the past history of EPA regula- right thing, and they said: We are one small refiner testifying before the Com- tions, the new rules aren’t likely to take ef- mittee on Energy and Commerce put it: going to clean up the air in Eastern fect until a few years after that, experts ‘EPA’s proposed [greenhouse gas] regulations said. Europe. Because without clean air, you for both refinery expansions and existing fa- So, if the bill were to pass, it would pre- can’t have growth. cilities will likely have a devastating effect vent EPA regulations that would otherwise I am happy to see my friend from on . . . all of our nation’s fuels producers. take effect in 2013, 2014 or 2015. That’s a long Washington State. I will yield to her . . . If small refiners are forced out of busi- way away.

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My friend worked so dili- While Upton and Whitfield’s letter is care- a question or a series of questions—as gently on the Commerce Committee, fully worded, it frames the argument for the many as she might have. along with Senator SNOWE, Senator bill in the context of today’s trend of rising Ms. CANTWELL. I thank my col- FEINSTEIN, and others. We all worked. gasoline prices. Yet the impact of the bill— league from California, who is the But my friend took a tremendous lead if there is an one—would be years away. And chair of the committee, for working so on it. there’s no proof that the law would actually hard on this important amendment to In this particular amendment, which stop gas prices from rising. The added regu- try to articulate and help colleagues is named something that has nothing lations now being planned may hamper U.S. understand what is the basis of it. to do with reducing or preventing gas refiners, but the international free market I too was surprised to learn that the could just as easily end up keeping refining taxes or something—it has nothing to McConnell-Inhofe amendment would do with that. If this passes—and I hope costs low. And it’s hardly assured that any overturn what has been the hard-won changes in refining costs—up or down—will it will not pass—but if it were to be influence gasoline prices, which are subject future gains in fuel economy we passed signed into law, it essentially takes the overwhelmingly on a bipartisan basis to a wide array of influenes. We find their EPA completely out of the picture, in just a few years ago. I don’t get it, claim False. terms of fuel economy, which means EPA’s clean car standards through 2016 Mrs. BOXER. They looked at this that all the progress we have made in will save so much gasoline that car amendment. They said the claim is getting more fuel economy, cleaning buyers will actually save as much as false, that gasoline prices would go up the air, will be gone. $3,000 over the life of the car. That is down. So beware of things that are This little child, shown in this pic- because of the hard work we have done called good names. But when we get be- ture, gasping for air, as it is, is going hind them, we see they are not good. in the Senate on a bipartisan basis. I know our colleagues from both to be gasping for more air. Children are They are dangerous. This is a red flag sides of the aisle worked to get that particularly vulnerable. coming from me to everybody watching So the Senator is right on so many last agreement that we did in 2008, and the debate. This bill would tell the fronts. If we were to pass this, we while we are doing this, we will save 1.8 EPA they can no longer do their job— would turn around from all our billion barrels of oil. So I was surprised EPA, one of the most popular agencies to hear that this legislation—the progress we just made. We would stop in the Nation. Sixty-nine percent of McConnell-Inhofe amendment—would the States from being able to do more the people say: Do your job. overturn all that progress we have on their own. We would lose the com- It would, in essence, stop us from made in the last couple decades on hav- petition in the world for the most fuel- making more fuel-efficient cars be- ing cleaner air and more opportunities efficient vehicles, which is so critical— cause it would say States cannot do for fuel efficiency. everybody looks to us—and consumers, more, and that would mean reliance on When I look at this, I look at our do- as my friend points out, would miss out foreign oil. mestic automakers in Detroit who are on, frankly, thousands of dollars a year I am happy to yield to my friend making much more progress based on in savings. from Washington for a question. this new generation of technology. Our I hope I have answered my friend’s Ms. CANTWELL. Thank you, Madam domestic automakers are getting back question. President. to profitability based on a new genera- Ms. CANTWELL. I am amazed be- Ms. LANDRIEU. Madam President, tion of vehicles offering much better cause my predecessor, a Republican can I just inquire? fuel economy. So they are actually— from Washington, was fighting for fuel The ACTING PRESIDENT pro tem- because we have said you have to have efficiency standards in the 1990s. So I pore. The Senator from Louisiana. more fuel-efficient cars—they are actu- do not know why we would be here in Ms. LANDRIEU. How long does the ally now winning in the marketplace 2011 with a radical proposal to basi- Senator think the Senator from Wash- with consumers because of those offer- cally erase the ability for fuel effi- ington will proceed and how long will ings. I know the Department of En- ciency standards. the Senator herself proceed? ergy, for the first time, has said we But I have a question about public Mrs. BOXER. I have the floor, and I have reduced our dependence on foreign health too because I think my col- plan to proceed as long as colleagues oil because of these fuel economy im- league from California has articulated want to come and ask questions. I provements. something that is greater than any could go until about 5. So I say to my colleague from Cali- economic issue; that is, health and Ms. LANDRIEU. OK. Because Sen- fornia, it was not because of ‘‘drill, clean air and healthier children be- ator SNOWE has an amendment. baby, drill’’ that we got fuel efficiency cause of that. I do not understand why Mrs. BOXER. She was already al- and got off foreign oil. It was because we would want to go back on the Clean lowed to offer it. we had fuel efficiency in automobiles Air Act as it relates to adverse health Ms. LANDRIEU. She would like to that we were able to reduce our de- outcomes. speak on it. pendence. Why would you want to have more Mrs. BOXER. I will continue yielding So I ask my friend from California problems with asthma attacks, heart without losing my right to the floor be- why we would want to go backward on attacks, strokes, visits to the emer- cause there will be a question. that if we have made progress and bet- gency room, hospitalization, premature Ms. LANDRIEU. Do you think Sen- ter cars out of Detroit, if they have be- deaths, all these things? EPA just ator SNOWE can go after Senator CANT- come cheaper for consumers over the came out with a comprehensive cost- WELL? life of the car. If we have made ad- benefit study on the Clean Air Act, and Mrs. BOXER. I do not at this point. vancements in reducing our depend- their findings were stark. They said We are taking our time. I wish to say ence on fossil fuel, why would we want the Clean Air Act will save our society through the Chair to my friend, this Americans to pay more at the pump $2 trillion through 2020. That is amaz- amendment is so radical, it is so far be- and have cars that do not go as far per ing. yond any other amendment we have gallon of gas as they do today? So I do So when I look at that, and we are ever had on this subject, so I am not not understand what kind of scheme going to say to polluters do not have to going to yield the floor until I have this is, to keep the oil companies in pay or adhere to the law, we are going given people a chance on my side to business? Why would we want to go to cause ourselves more costs in the fu- ask questions about it. I intend to hold back on that level of fuel efficiency ture with health care. Yes, some pol- the floor at this point. I cannot give and override that by this amendment? luters need to pay more, but as mem- you a time when I will stop. I am also Am I correct in understanding that? bers of Congress we need to think of very willing to have a vote on this at a Mrs. BOXER. I will answer and then what’s good for America, not just spe- time we can mutually agree to. But at yield for further questioning. The Sen- cial interests. And the Clean Air Act

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Recent evi- Here is this poll: 69 percent say EPA Public Health Association, the Amer- dence suggests, however, that the net impact scientists—not Congress—should set ican Thoracic Society, the Asthma and on mortality is more likely to be a danger pollution standards. Yet this amend- Allergy Foundation of America, Physi- because heat is already the leading cause of ment says: EPA, get out of the picture. cians for Social Responsibility, and weather-related deaths in the United States. We do not want you. We want to do Trust for America’s Health—what is it AIR QUALITY this, the politicians. Well, the people they know that those organizations do Climate change is expected to worsen re- do not want this. That is why I hope we not know? Because those organizations gional ground-level ozone pollution. Expo- will reject this terrible amendment are saying we have a serious health sure to ground-level ozone has been linked to that endangers the people. problem, and let’s make sure it is ad- respiratory health problems ranging from de- dressed through the Clean Air Act. Are creased lung function and aggravated asth- I continue to yield for a further ques- they just ignoring this issue? ma to increased emergency department vis- tion. Mrs. BOXER. Obviously, I cannot its, hospital admissions, and even premature Ms. CANTWELL. I thank my col- speak for my colleagues. I cannot. But death. The impact on particulate matter re- league because my next question deals I have to look at what would happen if mains less certain. with technology. One thing I appre- this were to become law. EPA, the En- CLIMATE-SENSITIVE DISEASES AND ciate about working with the Senator vironmental Protection Agency, signed AEROALLERGENS from California is that we certainly into law by Richard Nixon, a Repub- Potential ranges of certain diseases af- share an interest in innovation and the lican, overwhelmingly—and, by the fected by temperature and precipitation innovation economy and making sure way, the Clean Air Act amendments changes, including tick-borne diseases and food and water-borne pathogens, are ex- we do not do things to damage it, since were signed into law by George Herbert pected to increase. so much job creation has happened Walker Bush—they would say to the Climate change could impact the produc- from the technology sectors and from EPA: You are out. You no longer have tion, distribution, dispersion and our improvements. the ability to do your job, which is laid allergenicity of aeroallergens and the growth So I was surprised to think about out in the Clean Air Act. This par- and distribution of weeds, grasses, and trees this amendment from the perspective ticular amendment changes the Clean that produce them. These changes in of that it would kill a wide range of Air Act and says—I say to my friend— aeroallergens and subsequent human expo- sures could affect the prevalence and sever- jobs in America, including many that to the EPA: You no longer can look at can’t be outsourced. If we basically say carbon pollution. You cannot look at ity of allergy symptoms. VULNERABLE POPULATIONS AND we are going to allow people to con- any pollution at all that relates to the tinue to pollute and not adhere to the climate change issue. In doing so, they ENVIRONMENTAL JUSTICE Certain parts of the population may be es- Clean Air Act, all those technologies are in a frontal assault against the that are about to get us off those pol- American Lung Association, the Amer- pecially vulnerable to climate impacts, in- cluding the poor, the elderly, those already lutants and diversifying our energy ican Public Health Association, the in poor health, the disabled, those living sources would no longer be incented. American Thoracic Society, the Asth- alone, and/or indigenous populations depend- The Senator and I probably would say ma and Allergy Foundation of Amer- ent on one or a few resources. we need to do a lot more to incent ica, Physicians for Social Responsi- Environmental justice issues are clearly those and stop incenting those that bility, and Trust for America’s Health. raised through examples such as warmer cause so much harmful pollution. But I say to my friend, even more temperatures in urban areas having a more than that, they are going against the direct impact on those without air-condi- But the United States is the largest American people. I wished to share this tioning. producer and consumer of environ- poll with the Senator. EXTREME EVENTS mental technology, goods, and services. In February, 1 month ago—truly 1 Storm impacts are likely to be more se- The environmental technology indus- month ago—there was a bipartisan vere, especially along the Gulf and Atlantic try has approximately 119,000 firms and poll. A Republican pollster and a coasts. Heavy rainfall events are expected to generates $300 billion in revenues and Democratic pollster teamed up, and increase, increasing the risk of flooding, $43.8 billion in exports. they asked the people what they greater runoff and erosion, and thus the po- Mrs. BOXER. Could the Senator re- thought about these very issues. Sixty- tential for adverse water quality effects. These projected trends can increase the num- peat that, please? nine percent of the American people— ber of people at risk from suffering disease Ms. CANTWELL. That is just the en- this is not people in Washington State and injury due to floods, storms, droughts vironmental technology industry. So or California; this is all over the coun- and fires. that is 119,000 firms, $300 billion in rev- try—think EPA should update the Mrs. BOXER. I say to my good friend enue, and $43 billion in exports. So it is Clean Air Act standards with stricter and colleague from Washington State, a very vibrant part of our economy air pollution limits. in EPA’s summary of the that is based on that we want to do The McConnell amendment stops endangerment our people would face, something about toxic pollutants. If all them, stops them from updating the they talk about the worsening of of a sudden you pass a bill in the Sen- Clean Air Act standards. As a matter ground-level ozone pollution if the EPA ate saying we do not want to do any- of fact, it repeals the ability of the is not allowed to enforce the law, thing about these toxic pollutants, EPA to ever address carbon pollution, which is what McConnell offers us even though the Clean Air Act says we which, by the way, is a clear today. should, and the Supreme Court said, endangerment to the people. I ask They say: yes, EPA you should, then all of a sud- unanimous consent to have printed in den we are basically saying: OK. How the RECORD EPA’s Endangerment Find- Exposure to ground-level ozone has been far are we willing to go in saying we do ing. linked to respiratory health problems rang- ing from decreased lung function— not need to deal with toxins and pollut- There being no objection, the mate- ants? rial was ordered to be printed in the We know kids, even today, with all RECORD, as follows: the progress we have made—kids who To me, the foreign markets in devel- EPA’S ENDANGERMENT FINDING are born in areas that are close to free- oping countries that are already get- HEALTH EFFECTS ways, I say to my friend, close to rail- ting an edge on some of the clean en- The key effects that support EPA’s deter- roads, close to ports—have a reduced ergy technologies would worry me that mination that current and future concentra- lung function. At birth, they have a they would continue to make advance- tions of greenhouse gases endanger public lesser lung function. What are we ments even more with these tech- health include: doing? How dare people come and hurt nologies.

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But foreign markets, particularly capitalists will come off the sidelines The Upton bill, as in this McConnell those of developing countries offer the with more billions than they ever gave amendment, says—Upton: A bill that most opportunity for U.S. companies. to high tech and biotech combined. So would halt the EPA from regulating The U.S. share of foreign environ- why would anyone support this amend- greenhouse gases would help stop ris- mental technology markets has contin- ment which would turn the clock back ing gas prices. That is what he says, ued to grow from 5.7 percent in 1997 to on fuel economy, as my friend said, on that this amendment before us will 9.8 percent in 2007, giving the U.S. envi- clean energy technology, and turn the help stop rising gas prices. The non- ronmental technology industry a posi- clock back on our little kids who are partisan PolitiFact, which is an inde- tive trade surplus for the past decade. struggling as it is with asthma? pendent Web site, looked at this. When I ask my friend from California, I yield for another question. they came to the end of looking at Mr. doesn’t it make more sense to think Ms. CANTWELL. I thank my col- UPTON’s claim that this would reduce about the future jobs we are trying to league from California. gas prices—and this is the same bill as attract—because they are so much big- I am also interested in the Senator’s the Upton bill—they say, We find this ger—than thinking about this in the opinion about this as it relates to gas claim false. sense of 20th century jobs? That is al- prices because people are—I think I feel comfortable in this debate be- most what we are advocating: Let’s go House Republicans, anyway, and cause I am on the side of the truth. I back to saying, if you are a pollutant, maybe even the minority leader, feel am on the side of the American people it is OK because somehow you are cre- that if we pass this amendment, some- who are telling us: Stop, Congress. ating jobs. how gas prices are going to come down. Don’t tell EPA to stop enforcing the I ask my colleague, isn’t the market Well clearly they don’t believe this law. That is wrong. So I feel good opportunity more in these technology radical measure will actually pass be- about that. We are on the side of these jobs and environmental technology cause then they would have to worry children whom we are protecting. We jobs? about misleading their constituents. are on the side of consumers. We are on Mrs. BOXER. Well, my friend is so We all know this: It seems about the side of progress. We are on the side right. If this is an economic argument, every summer we have these debates of business. We are on the side of ex- bring it on to us. We know the num- about the impact of gas prices. But this ports. We want America to be the lead- bers. The Senator has laid them out. measure is so radical. When I think er. We know tens of thousands of firms are about even if EPA continued to act on My friend from Washington is an in- moving forward because we have these their fulfillment of the Supreme Court novator. My friend knows what it is to laws on the books. The clean air tech- decision that they must act in regu- go to the capital markets and say, I nologies and the clean water tech- lating pollutants—and rules on oil re- have a great idea, and she knows what nologies and the safe drinking water fineries won’t even go into effect until government can do to encourage this technologies are wanted by the whole December of 2011 and the final rules type of investment. Government can’t world. aren’t even due until July 2011. So we do everything, but we can set the I have to say to my friends who are are talking about rules that don’t go stage. One of the ways we set the stage pushing this—I wish to tell them some- into effect until 2013, 2014, 2015. for a great multibillion-dollar economy thing they do not seem to either under- I ask my colleague from California, to take off is by having a Clean Air Act stand or maybe they do not want to how would that have an impact? We that saves our children from these ter- hear, but I am going to say it—the don’t even know what they are going to rible air-gasping days, but also creates whole world is going green, no matter be. We have to wait until July, hope- technology that cleans up our air. where you look. Walmart is going fully, to hear from EPA about that. So, My friend is so right. The false claim green. I have had my differences with somehow, that is going to affect gas that this amendment is going to lower them on their policies on workers. prices today? gas prices has been debunked right Walmart is going green. And why? I think what we know to be true is now. That claim has been debunked by Because, as my friend said, it saves that getting off of oil and having more people who have no axe to grind. money. The whole world is going green. fuel-efficient cars has reduced our de- I appreciate my friend coming here What does it mean? It means everyone pendence, saved consumers money, and and engaging this. Does she have any wants to save money. Everyone is look- allowed them to have a choice in the further questions? ing for better energy opportunities marketplace. We ought to continue in Ms. CANTWELL. I do, if the Senator that are clean. And everybody wants that direction, not this direction. But from California would indulge me on clean energy. If we back away from does the Senator think those rules this. Because I see our colleagues on that, we are saying to China: Go for it. going into effect are somehow having the floor, and as a member of the Small You will get the whole market, and we an effect today? Aren’t we talking Business Committee I am as frustrated will still be pumping for oil. about people who have already written as they are that this important legisla- By the way, I have a message on that about this as false rhetoric in the de- tion that would help small businesses front: Oil companies have 57 million bate, that it is not accurate and that in America grow is being now held hos- acres of land and offshore tracts they this will impact the price at the pump tage by this amendment. already have a permit to drill in. My tomorrow? I look at this issue, the broader issue friends on the other side, in another de- Mrs. BOXER. Well, of course my of discussion, as some of our colleagues bate, keep saying: Let’s drill, drill. friend from Washington is right on tar- on the other side of the aisle have said, Why don’t they drill where they al- get when she points out that—first of as a major policy issue. Well, if it is a ready have the leases and it is already all, the EPA is being very cautious in major policy issue and it is a major approved? So that is not at debate the way it moves on this. They are policy change, why should we try to here. only going after the biggest, dirtiest hang it in an amendment onto the What is at debate here is why would polluters. I think most of the people I small business bill? Is that making we, as my friend asked me, turn away talk to out there say—my mother al- some industry happy? Is that why they from policies that result in clean tech- ways said, Clean up your room. If you are doing it? Because if this is, as they nologies that the entire world wants— are belching all of this smoke into the are saying, a major policy issue, then clean technologies that support more air, you have to take some responsi- let’s have a major policy discussion. I than 100,000 businesses and tens of bility for it, especially when you are know my colleague and I support legis- thousands of more jobs? Why would we making billions and billions and bil- lation that would instigate a major do that? My answer is, to me, it would lions of dollars of profit. policy discussion here. Some of that be a self-inflicted wound on our coun- No one has come to me and said big legislation has gotten bipartisan sup- try, when this is an opportunity. oil is suffering because they were under port. I think some of our colleagues on

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Because should set pollution standards. leave it all to EPA? If that is the case, I think it is very similar. So this vote we will have tonight—I then let’s have that debate, but let’s Mrs. BOXER. There have clearly been hope we will have it tonight—is about not have a rifle shot amendment that a lot of moves on the part of special in- whether Congress should play doctor basically guts the law as it is being im- terests in this country—the biggest and scientist and decide what is best plemented. Let’s have a discussion polluters—to try to get their way, and for the people or allow that to be done about what would be a more flexible they try every which way to try to get by the physicians, by the scientists, approach to implementation of the re- their way. If they were to present the and by an agency that is extremely quirements to regulate pollutants. case to the Senator from Washington popular in this country. Mrs. BOXER. The Senator from or to me that what they want is good It is not popular right here, right Washington poses an important ques- for the American people, that is great. now, I will tell you that, because the tion, and that is: Why are we seeing Make the case. Who could ever make polluters don’t want anything to do this kind of amendment on a small the case that stopping the EPA from with it. But we don’t represent pol- business bill? It is ridiculous. It makes enforcing the Clean Air Act is good for luters, we represent everyone—every- the American people lose faith in us, the people? They can’t. So what do one. And a vast majority want us to frankly. This is a bill about small busi- they do? My friend is right to recall say no to this McConnell amendment. ness innovation. This isn’t a bill that is these other attempts. They couch it as: So I yield to my friend, if she has a about telling EPA they can no longer Oh, it is going to lower the price of gas, final comment or question. do their job in protecting the American or it is good for business, or it is good Ms. CANTWELL. I thank the chair of people. This is ridiculous. for jobs. The truth is, it is devastating the EPW Committee, a great legis- We already know from reports how for all of those things. lator, for protecting the interests of many lives have been saved. We have it My friend from Washington has been consumers on this issue. I serve with here, and I want my friend to see this. a leader on consumer protection. Oh, the Senator on the Commerce Com- In 2010, the Clean Air Act prevented my goodness, we remember the fights mittee, and I see her fight for con- 160,000 cases of premature deaths. That when we had the Enrons of the world sumers every day. Her passengers’ bill is a fact. By 2020, that number is pro- destroying people by raising the price of rights for the airlines on the FAA jected to grow to 230,000. So excuse me. of electricity behind closed doors, and bill is another perfect example of how If this amendment were to pass and the conspiracy to do that. Remember she is thinking about how all legisla- stop EPA from cleaning up the air, peo- those battles we were in? These battles tion impacts individuals and their ple will die. keep coming back at us. Does my col- rights, and this is about the right to If this is what you want to do, don’t league know—my friend is asking me clean air and clean water and to make hang it on a small business bill. Why questions, but I would ask her one rhe- sure we are not going to cut EPA out of don’t you have a press conference and torically. This amendment is so rad- the regulation of pollutants business. I say, You know what, we don’t think ical, it goes after fuel economy stand- don’t know why we would do that. That this is worth it: 160,000 deaths; win a ards, and it says, No more. EPA, you is their day job. They are supposed to few, lose a few, you know. They don’t are out of that. You can’t deal with it regulate pollutants. The Supreme care at all. But we care, and that is ever again, even though we know fuel Court says they are supposed to regu- why we are talking about this. economy, when we get it done right, late pollutants. I yield again to my friend. takes those toxins out of the air, plus This is what they would turn away So I thank my colleague for waging we get better fuel mileage, and that this battle against this amendment from: preventing 160,000 premature will get us off of foreign oil. It takes that, as she has outlined, has these rad- deaths—that is documented—in 2010 that away. Chalk one up in the Middle ical notions in it. But I guess I go back alone. East for oil barons. That is good for and say: We can try to keep hanging on Ms. CANTWELL. I have one last them. It is not good for America, but to the past and saying the past is going question for my colleague. I think yes, chalk that up for them. these attempts that try to carve out We already know what happens to to take us somewhere, but that usually pollutants and give them exemptions kids. Let’s show this picture because it doesn’t work. My colleague from California under- are never good policy, because there is shows the look on this child’s face. so much at stake for the American peo- This is what happens to our kids when stands probably more than any other ple who believe our job is to protect the air is dirty. because of the efficiency gains her them with clean air and clean water The fact is, if we take EPA out of the State, California, has made in creating and to make sure that polluters are business of cleaning up carbon pollu- jobs and in getting more out of our cur- regulated. But it reminds me of that tion and all the co-contaminants that rent energy supply. The initiative that 2003 energy bill that was kind of done go into the air with it, such as mercury was just run in California, I think that behind closed doors when the whole and others I could list, people are going was about going back to the past, too, MTBE debate—you know, the additive to be sick. But here is beyond the pale wasn’t it? That was the initiative to fuel—came up. I remember one what they do: In addition to those where people said: Do we want to go newspaper ended up dubbing the bill things, they even stop in this amend- backward or forward? The people spoke the ‘‘hooters and polluters and cor- ment the Carbon Registry, so that, in California, and they said let’s move porate looters’’ bill or something like America, you might as well cover your forward. that, because it ended up trying to eyes, cover your ears, and cover your So I would conclude by thanking my carve out for the manufacturers of that mouth, because you will not speak evil, colleague and asking her just one last product that they would be exempted. you will not hear evil, you will not see time, from an economic perspective, if It was a bipartisan effort on the Senate evil. You will not see, you will not America can afford this amendment. floor. My colleagues from the North- hear, and you cannot speak about the How can we afford this amendment if it east, from New Hampshire, I believe, carbon pollution in the air. is going to cost us that much in health and there may have been the Senators That is what is going on here. So my care costs; if it is going to cause the from Maine, all said, Wait a minute. friend is right to connect this to a loss of the advancements we have seen We are not going to exempt MTBE whole line of faulty reasoning that the in the automobile industry? I would from this legislation as a way to get an American people have been asked to think Detroit alone, if we pass this energy policy for the future. swallow. amendment, would stop and say: Wait I ask my colleague from California if But I have news for you. They are a minute. Do we even have to comply she remembers that and other at- smart. Madam President, 69 percent with the mile-per-gallon already on the

VerDate Mar 15 2010 02:35 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.024 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1662 CONGRESSIONAL RECORD — SENATE March 15, 2011 books because it seems as if Congress is Madam President, I ask unanimous veterans with the resources and guidance saying they are out of the business. consent to have printed in the RECORD needed to start and grow successful small So I would just say to my colleague pages one through four of the report businesses. The Committee staff’s investiga- from California, how can we afford this and refer interested persons to the fol- tion revealed an entity that has been not only ineffective in meeting its responsibil- amendment? They would like to try to lowing Web site, for the full text of the ities to our nation’s veterans, but also claim that as the only high ground of report: http://sbc.senate.gov/ troublingly irresponsible in its use of tax- their debate, that somehow they are Committee%20Report%20on% payer dollars. protecting jobs. But they are not pro- 20TVC.pdf A. SUMMARY OF REPORT FINDINGS tecting jobs. They are basically trying There being no objection, the mate- Based upon its investigation, the Com- to take 18th-, 19th-, and 20th-century rial was ordered to be printed in the mittee staff makes the following findings: jobs and somehow saying they do not RECORD, as follows: 1. Failure to Achieve Statutory Mission. have to comply with the Clean Air Act. UNITED STATES SENATE COMMITTEE ON TVC has not accomplished its statutory mis- sion as a result of the organization’s: So I, again, ask my colleague whether SMALL BUSINESS AND ENTREPRE- NEURSHIP a. Failure to Support Veteran Business Re- we can afford that kind of amendment source Centers. Since its founding, TVC has REPORT ON THE VETERANS and just thank her for her leadership spent only 15 percent of the federal funding CORPORATION and tremendous support. it has received on the veterans business re- We all come here for different rea- I. COMMITTEE INVESTIGATION source centers (Centers), which TVC was re- sons, and we are all motivated by dif- On March 3, 2008, the Senate Committee on quired to establish and maintain under PL Small Business and Entrepreneurship (Com- 106–50. In FY 2008, the percentage dropped to ferent reasons, but I know the Senator mittee) launched a bipartisan investigation about 9 percent. As a result, the Centers from California is motivated by doing of the National Veterans Business Develop- have been faced with the possibility of clo- what is right for the consumer and con- ment Corporation—better known as The Vet- sure. sumer interests. So I thank her for erans Corporation (TVC)—at the request of b. Wasteful Programs. TVC spent its lim- standing up for that voice that may Senator John Kerry, Chairman of the Com- ited resources on several programs that bore not be heard today on this important mittee, and Senator Olympia Snowe, the little or no relation to the organization’s issue. Committee’s Ranking Member. TVC, a feder- statutory mission, including at least $13,000 ally-chartered, nonprofit corporation, has re- on a teen essay contest and a movie pro- Mrs. BOXER. Before my friend ceived $17 million in taxpayer funds since motional tour. Most Board members either leaves, I thank her so much, and I am 2001, but has struggled to fulfill its statutory had no recollection of the promotional tour going to leave the floor so my Repub- mission of providing veterans with access to or did not fully understand the extent to lican friends have time to speak on this entrepreneurial technical assistance and which TVC was involved with it. issue. America will hear a lot of dif- partnering with public and private resources c. Lack of Outcomes-Based Measurements. ferent stories from a lot of different to help veteran entrepreneurs start or grow TVC has largely reported the results of its people. But, remember, this is pretty small businesses. programs by measuring their activity, rather Since TVC was authorized in 1999, the than their outcomes. This has prevented simple. This amendment stops the En- Committee has raised questions about the TVC from accurately determining whether vironmental Protection Agency from management and spending decisions made by its programs are accomplishing their in- doing its job. the organization and its leaders. Two reports tended purposes. I thank my friend and tell her that issued in 2003 and 2004 by the Government 2. Mismanagement of Federal Funds by we can’t afford this amendment. This Accountability Office (GAO) criticized TVC TVC’s Leadership. TVC’s leaders misspent amendment will hurt America. It will for a lack of internal controls, an inability hundreds of thousands of dollars in taxpayer to measure the effectiveness of its programs, funds on: hurt it in every way. It will hurt the and TVC’s failure to become self-sufficient.1 a. Unacceptably High Executive Compensa- health of Americans, it will hurt jobs Over the years, staff members from several tion. TVC’s executives received unacceptably in this country, it will hurt consumers, Congressional committees have rivet repeat- high levels of compensation given the orga- and I am proud to stand with her. edly with TVC to impress upon TVC’s leaders nization’s limited resources and reach. While Madam President, I yield the floor. the importance of becoming self-sufficient an average of 15 percent of TVC’s federally The ACTING PRESIDENT pro tem- and reminding them of TVC’s duty to ‘‘. . . appropriated funds went to the Centers, 22 pore. The Senator from Maine. establish and maintain a network of infor- percent of TVC’s FY 2007 federal appropria- mation and assistance centers for use by vet- tion dollars were spent on its top two execu- AMENDMENT NO. 193 erans. . .’’ as mandated by the organiza- tives’ compensation packages alone. TVC’s Ms. SNOWE. Madam President, I tion’s enabling legislation, Public Law 106– Board continued to reward these executives would like to speak to the amendment 50—the Veterans Entrepreneurship and with raises and bonuses, despite reductions that I called up earlier, amendment No. Small Business Development Act of 1999 (PL in TVC’s federal appropriation and a lack of 193. This is a bipartisan amendment 106–50). citable program results under their leader- that is being cosponsored by the chair In response to concerns raised by the Com- ship. See Appendix A. mittee and several veteran service organiza- b. Dubious Expenditures. TVC spent tens of of the committee, Senator LANDRIEU, tions, TVC has repeatedly assured members thousands of dollars on expensive dinners for as well as Senator COBURN, who, as we of Congress that TVC was taking the nec- employees and Board members at high- all know, has been recognized as a true essary steps to correct its past failures. How- priced D.C. restaurants, luxury hotel rooms, leader in this body for streamlining the ever, after various meetings with TVC offi- first class travel arrangements, and member- Federal Government. cials and after reviewing its FY 2007 annual ships to various airline club lounge pro- We had a discussion recently about report, the Committee questioned TVC’s di- grams. TVC’s top two executives failed to re- what programs or agencies or entities rection and whether any significant changes port over $91,000 in charges on their com- had been made over the past few years. Con- pany-issued credit cards. In addition, TVC’s could be eliminated, and we readily sequently, the Committee launched the in- identified the National Veterans Busi- executives failed to follow proper expense re- vestigation to determine whether TVC has imbursement procedures and, in some cases, ness Development Corporation—simply adequately addressed the concerns raised by either approved their own expense reports or known as the TVC—as an example of the GAO in its previous reports, and by Con- had them approved by a subordinate em- an organization that the Federal gov- gress and veterans groups in recent years. ployee who was under their direct super- ernment should sever its ties with, for During the course of the investigation, the vision. And even when their expenses were Committee’s staff reviewed various cat- reported, the executives appeared to have the reasons that I will enumerate, egories of documents furnished by TVC, as Madam President. demonstrated a general disregard for the well as others that the Committee subpoe- value of taxpayer dollars, incurring, for ex- The Veterans Corporation has been naed from TVC’s financial institutions. Addi- ineffective and controversial since its ample, over $40,000 in meal expenses in less tionally, Committee staff conducted numer- than three years. See Appendix B. inception as part of the Veterans En- ous interviews with TVC insiders, including c. Failed Fundraising Efforts. During fiscal trepreneurship and Small Business De- each current member of TVC’s board of di- years 2005 through 2007, TVC leaders spent velopment Act back in 1999. In fact, in rectors (Board); TVC’s acting president, $2.50 for every $1.00 they raised through the December of 2008, the former Small John Madigan; its former director of finance; organization’s fundraising efforts—almost and its highest-paid independent contractor. Business Committee chairman, Senator entirely at the taxpayers’ expense. During TVC’s former president, Walter Blackwell, FY 2007, TVC spent over $240,000 in fund- KERRY, and I investigated the Veterans declined Committee staff’s repeated requests raising expenses while raising only $64,000. In Corporation and issued a report detail- for an interview. the absence of a successful private fund- ing the organization’s blatant mis- II. EXECUTIVE SUMMARY raising program, TVC spent much of its lim- management and the wasting of tax- There are 23,400,000 veterans in America ited resources lobbying members of Congress payer dollars. today.2 TVC was founded to provide these for annual appropriations.

VerDate Mar 15 2010 02:35 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.024 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1663 B. CAUSES OF TVC’S FAILURES We also found that the executives at initiatives or existence of the National Vet- Based upon its investigation, the Com- TVC received unacceptably high levels erans Business Development Corporation. mittee staff identified the following causes of compensation given the organiza- Ms. SNOWE. At present, TVC still ex- for TVC’s failures: tion’s limited resources and reach. ists, and it is still federally chartered. 1. Ineffective Board Governance. Through While an average of 15 percent of the But as I indicated earlier, it receives broad decision-making powers granted to no Federal funds, and has no depart- TVC’s executive committee under the orga- Veterans Corporation’s federally appro- nization’s bylaws, the committee has ap- priated funds went to the centers, 22 ment or agency oversight. proved a number of measures without proper percent of the funds that were appro- So in light of everything I have dis- approval or ratification from the full Board. priated in 2007 were spent on its top cussed, and based on the report, it is For instance, last year $40,000 in employee two executives’ compensation packages my belief that the Federal Government bonuses were not properly approved by the alone. Moreover, the organization mis- must take the next step and fully sever full Board. In addition, several of TVC’s erably failed to raise the sufficient all ties with the organization. I urge Board members have lacked the level of en- funds, as required by law, in order to my colleagues to support this bipar- gagement necessary to effectively discharge tisan initiative. their duties to the organization. For exam- develop self-sufficiency and independ- ence from Federal appropriations. It is important to underscore the fact ple, the chairman of TVC’s audit committee that the report the committee under- could not correctly identify the committee’s During fiscal years 2005 through 2007, took back in 2008 illustrated serious other two members. the Veterans Corporation leaders spent 2. Fragmented Oversight. TVC’s status as a $2.50 for every $1 they raised through mismanagement problems with this or- private entity—outside the reach of typical the organization’s fundraising efforts— ganization. As indicated in the summary of the federal agency oversight—led to fragmented almost entirely at the taxpayers’ ex- and inadequate oversight mechanisms. The report findings, it failed to achieve its pense. Additionally, through broad- lack of sufficient oversight prevented law- statutory commission, which was to makers from properly monitoring TVC’s op- based decision making powers granted support the Veterans Business Re- erations and diminished opportunities for to the Veteran Corporation’s executive source Centers; it spent its limited re- necessary changes to TVC’s culture. Even committee under the organization’s by- sources on several programs that bore where federal law required an oversight laws, the committee approved a num- little or no relation to the organiza- mechanism through the Single Audit Act, ber of measures without proper ap- TVC either ignored, or was incorrectly ad- tion’s statutory mission; and it largely proval or ratification from the full reported the results of its programs by vised of, its duty to comply with the statute. board, including $40,000 in employee bo- In doing so, TVC removed a crucial external measuring its activity rather than its check on the organization’s internal con- nuses in 1 year alone. outcomes. So it was very difficult to trols, as well as an additional means to Since the issuing of the Small Busi- actually determine what TVC’s results measure its efficiency and effectiveness in ness Committee’s report, Congress has were and whether they were consistent expending taxpayer dollars. appropriated no additional funding for with the intended purposes under Fed- C. SUMMARY OF REPORT RECOMMENDATIONS TVC, and the Small Business Adminis- eral statute. TVC mismanaged Federal Based upon its findings, the Committee tration has incorporated the Veterans funds by providing for high executive makes the following, recommendations: Business Resource Centers previously compensation, and had dubious expend- 1. No Further Federal Funding. Through funded into the existing network of the its misguided programs, excessive executive itures. Veterans Business Outreach Centers. The report indicates that TVC spent compensation, and questionable spending de- These moves were publicly supported cisions, TVC has squandered hundreds of tens of thousands of dollars on expen- thousands—if not millions—of the $17 mil- by a variety of veterans service organi- sive dinners for employees and board lion in taxpayer dollars it has received since zations, including the American Legion members at high-priced restaurants in 2001. Given TVC’s poor track record, its lack and the Veterans of Foreign Wars. Washington, luxury hotels, first-class of effective programs, and its Board mem- For example, in August of 2008, the travel arrangements, memberships to bers’ own admission that taxpayers have not American Legion passed a resolution at various airline club lounges, and TVC’s received an adequate return on their invest- its national convention stating that top two executives failed to report over ment, TVC should receive no federal funds the legion ‘‘no longer supports the con- $91,000 in charges on their company- for the remainder of FY 2009 and for the fore- tinuing initiatives or existence of the seeable future. issued credit cards. 2. Transfer of Responsibility. if, in the ab- national Veterans Business Develop- It is certainly an abysmal track sence of federal funding, TVC cannot ade- ment Corporation.’’ record, regrettably, and that is why I quately support the Centers, responsibility Madam President, I ask unanimous think it is important that even though for funding and overseeing the Centers consent to have a copy of that resolu- we do not provide any additional ap- should be transferred to the Small Business tion printed in the RECORD. propriations—no appropriations—we Administration’s Office of Veterans Business There being no objection, the mate- should sever any linkage of Federal Development, which should receive addi- rial was ordered to be printed in the tional federal funds to carry out this new re- ties with this entity. RECORD, as follows: sponsibility. So, Madam President, I would hope RESOLUTION NO. 223 we could get bipartisan support, and I Ms. SNOWE. Madam President, the will ask for the yeas and nays. report was initiated by the Small Busi- Whereas, small business ownership and en- trepreneurship are the backbone of the The ACTING PRESIDENT pro tem- ness Committee, and it found, among American economy and foundation for de- pore. Is there a sufficient second? other things, that the Veterans Cor- mocracy; and At this time there is not a sufficient poration failed to support Veterans Whereas, veterans, through their service, second. Business Resource Centers; it had have cultivated experiences, skills, and self- The Senator from Texas. wasteful programs; it lacked outcome- discipline that make them well suited for Mr. CORNYN. Madam President, I based measurements; it provided its self-employment; and ask unanimous consent to set aside the employees with unacceptably high ex- Whereas, Congress enacted the Veterans pending amendment and call up my ecutive compensation; it engaged in Entrepreneurship and Small Business Devel- opment Act of 1999 (P.L. 106–50) to assist vet- amendment, No. 186. dubious expenditures; and it failed to eran and service-disabled veteran owned The ACTING PRESIDENT pro tem- properly raise the necessary funds to businesses by creating the National Veterans pore. Is there objection? become self-sufficient, as they were re- Business Development Corporation; and Ms. LANDRIEU. I will object. I know quired to do under the law. Whereas, the National Veterans Business the Senator is very interested in offer- For example, our report concluded Development Corporation is no longer fully ing this amendment, and we are very that the Veterans Corporation had engaged in providing entrepreneurial edu- interested in hearing about it, but we spent only 15 percent of the Federal cation, services and advocacy to promote have now six amendments pending. So funding that it had received on Vet- and foster successful veteran entrepreneur- if the Senator would like to go ahead erans Business Resource Centers, ship within the veteran business community: and speak about the amendment, ex- Now, therefore, be it which the TVC was required to estab- Resolved, by The American Legion in Na- plain the amendment, and when we can lish and maintain under law. In fact, in tional Convention assembled in Phoenix, Ari- get an agreement about how we should fiscal year 2008, the percentage dropped zona, August 26, 27, 28, 2008, That The Amer- proceed with these amendments, we to about 9 percent. ican Legion no longer support the continuing will move forward.

VerDate Mar 15 2010 04:22 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.032 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1664 CONGRESSIONAL RECORD — SENATE March 15, 2011 Mr. CORNYN. Madam President, I This is what the President’s own fis- ize the program before it would be am sorry the Senator from Louisiana cal commission had to say about such abolished by operation of the law. In objects to my calling up the amend- a concept: other words, the program is abolished ment and getting it pending. I was Such a committee has been recommended if Congress fails to reauthorize it 2 told—and, indeed, I think everyone is many times and has found bipartisan sup- years after the commission completes operating under the impression this is port. The original and arguably the most ef- its review and analysis of the program. going to be an open amendment proc- fective committee exists at the State level This commission would help force ess—we would have debate on impor- in Texas. The legislature created a sunset Congress to do the necessary oversight commission in 1977 to eliminate waste and to make sure every taxpayer dollar is tant issues. This happens to be relating inefficiency in government agencies. Esti- to the establishment of a sunset com- mates from reviews conducted between 1982 wisely spent. While we all do our best mission, such as that which was rec- and 2009 showed a 27-year savings of over $780 to ensure that proper oversight is given ommended by the fiscal commission million, compared with expenditures of $28.6. to each program, we simply do not appointed by the President of the Based on savings achieved, for every dollar have the tools currently available to United States and which enjoyed broad spent on the sunset commission the State monitor and review every program. bipartisan support. has received $27 in return. This sunset commission would provide Ms. LANDRIEU. Will the Senator This commission under my amend- Congress with those tools. It would im- yield for a clarification? ment would be made up of eight Mem- prove government accountability and This most certainly is an open proc- bers of Congress who would focus on provide for greater openness in govern- ess. What I was trying to explain to the unauthorized programs that continue ment decisionmaking. Senator is there have been about a half to receive taxpayers’ money. As the We know programs that have simply dozen other Senators who have come to chair knows, one of the biggest prob- outlived their usefulness or failed to the floor during the day—such as Sen- lems we have when it comes to unsu- spend taxpayer dollars efficiently are a ator HUTCHISON, who came down ear- pervised spending is the fact that the burden on the American taxpayer and lier—and we are trying to be accommo- authorizing committees do not nec- should be eliminated. We simply do not dating in the order the Senators come. essarily authorize a program, but yet have the means to get there from here. So if the Senator doesn’t mind explain- the appropriators for one reason or an- Congress has a spending process in ing his amendment, I commit to him other have appropriated money, and place, and we should put together a that Senator SNOWE and I will try to those are never given the kind of over- sunset process for streamlining and get a pending list as soon as we can. sight that is really necessary. This eliminating government waste. That is Mr. CORNYN. Well, Madam Presi- means Congress has dropped the ball— what this amendment would do. The commission would supplement dent, I have been waiting all day, as all spending without authorization—when the work of the congressional commit- my colleagues, and I am on the Senate it comes to doing the hard work of fig- tees that are already in place that I floor to offer an amendment. I am uring out if these programs are work- know mean well and intend to do the sorry the Senator thinks it is nec- ing, but the spending nevertheless con- oversight but simply never seem to get essary to object. I am not sure what tinues. As Ronald Reagan famously said, the around to it. It will not replace the harm it causes to get another amend- closest thing to eternal life here on work of those committees; however, it ment pending, and I am happy to vote Earth is a temporary government pro- will supplement—and I would say im- on any of these amendments as the ma- gram—there is no such thing here in prove and strengthen—their oversight jority leader determines to set the Washington, DC. work. It will serve as another set of votes, or the bill managers. But I will The Congressional Budget Office reg- eyeballs, keeping a close eye on the speak just briefly on amendment No. ularly finds that billions of dollars are wallets belonging to taxpayers. 186, which I will call up at the appro- being spent in unauthorized programs. This commission will help Congress priate time. In addition, the commission would answer a simple but powerful question: All of us can agree the Nation faces focus on duplicative and redundant Is this program still needed? Is this the greatest fiscal challenge in its his- government programs annually identi- program still needed? A sunset com- tory, with growing deficits and record fied by the Government Accountability mission would help us make many pro- debt. Currently, the deficit is roughly Office. The GAO, as we all recall, re- grams more effective by giving them 9.8 percent of our gross domestic prod- cently found that billions of taxpayer the attention they deserve and expos- uct, and the debt is north of $14 tril- dollars are being spent on duplicative ing their faults to the light of day. It lion—so high that, in fact, we will be and redundant government programs. will improve government account- asked sometime in the spring to con- For example, the Federal Government ability and provide for greater open- sider voting on lifting the debt limit, has more than 100 different programs ness and government decisionmaking. in effect raising the debt limit on the dealing with surface transportation Programs that outlive their usefulness Nation’s credit card because it is issues—100; 82 monitoring teacher qual- or fail to spend tax dollars efficiently maxed out. ity; 80 for economic development; 47 for are a burden on the American taxpayer According to the two Cochairs of the job training; and 17 different grant pro- and must be eliminated or reformed. President’s own fiscal commission, the grams for disaster preparedness. I As we continue to face the mounting Nation could be facing a debt crisis, a think common sense would tell us that deficit and a struggling economy, loss of confidence that we would actu- kind of duplication and overlap is not shouldn’t we be doing everything in ally be able to pay back our debts, and efficient and it is not an effective use our power to spend smarter and spend that crisis could come as soon as in the of taxpayer dollars. less? Imagine the tax dollars that could next 2 years. Under my amendment, the sunset be saved by reviewing and revamping That is why the amendment I am of- commission would review each pro- outdated and inefficient programs. fering today, which I hope will enjoy gram and submit the recommenda- It is my hope that our colleagues will broad bipartisan support, establishes, tions, which must be considered by join me in supporting a government- indeed, a bipartisan U.S. Authorization Congress under expedited procedures wide sunset commission, and I urge all and Sunset Commission that will help like we use under the Budget Act. In my colleagues to support this amend- improve oversight and eliminate other words, it could not be filibus- ment so we can start setting our spend- wasteful government spending. The tered; it would have to be voted on. ing priorities straight. amendment is modeled after the sunset Congress would not be able to ignore The PRESIDING OFFICER (Mr. process that was instituted in Texas in the commission’s reports. CASEY). The Senator from Louisiana. 1977, which has over the years elimi- The amendment provides expedited Ms. LANDRIEU. Mr. President, I nated 50 different State agencies and procedures that would force Congress know Members are following this de- saved taxpayers more than $700 mil- to consider and debate the commis- bate carefully, and their amendments. lion. That may not seem like big sion’s work. Congress would have 2 Let me bring everybody up to date. It money in Washington terms, but that years to consider and pass the commis- is about 5 after 5. We hope to have a is a substantial savings in Texas. sion’s recommendations or to reauthor- vote around 6 o’clock, potentially two

VerDate Mar 15 2010 02:35 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.026 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1665 votes. We have about five amendments eral legislation. However, Kerry-Lieberman Mrs. HUTCHISON. Mr. President, the pending. Senator CORNYN would like is unique from previous efforts by also pro- reason we did not pass this legislation his amendment pending, Senator posing a new gas tax on the transportation is everyone realized it would have sector. American families and workers will raised the cost of gasoline. Now the HUTCHISON is here to speak about I pay this new climate-related tax on the gaso- think two amendments she may want line, diesel and jet fuel they use to drive and EPA is trying to do the same thing by to have pending, and Senator ride in their cars, trucks, tractors and fiat. By executive fiat, they are trying BARRASSO is on the floor to speak on planes. This report documents the cost of to regulate greenhouse gases. What the underlying McConnell amendment. this proposed Kerry-Lieberman gas tax. they are going to do is raise the cost of I will ask unanimous consent in a few Past attempts at federal climate legisla- fuel at a time when people are suffering minutes to try to get one or two votes tion have struggled with how to cut carbon at the pump. I mentioned earlier that I emissions from the transportation sector. A filled up my pickup truck last week- set up for 6 o’clock, potentially get cap-and-trade approach used on industrial fa- these other amendments pending, and cilities is not ideal for transportation emis- end. It was almost $50. I know every set a time for votes tomorrow so we sions, essentially becoming a complicated in- American is having the same experi- can move through it. We want to have direct tax on fuels. Kerry-Lieberman takes ence. If they have an SUV, it is even as open a debate as possible, but we the direct approach of assessing a fee on more. also really want to focus on the bill at transportation fuels linked to their carbon We cannot allow the EPA, through hand, which is the Small Business Re- content. greenhouse gas regulations, to increase Kerry-Lieberman’s climate-related gas tax authorization Act and related meas- the cost of fuel when they put that reg- will drive up the prices of gasoline, diesel ulation on a refinery. We have very few ures. Many of these are somewhat re- and jet fuel. The Kerry-Lieberman gas tax lated to jobs and the economy, so we hits families at every income level, farmers refineries. We have not built a new re- are trying to be liberal in our views in every field, truckers on every road and finery in this country since 1973 be- here. But we do want to try to be as or- workers in every position. Determining the cause it is so regulated, so that we derly and as appropriate, as Members size and cost of the Kerry-Lieberman gas tax really have a shortage of refineries. It have come down to the floor, in the is essential to knowing how heavily this pro- is one of the problems with the supply posal will hurt Americans. issue in providing gasoline at reason- order they have come. The information and methodology needed Why don’t we turn now to Senator able prices. to calculate the Kerry-Lieberman gas tax is We need to be stepping back, not HUTCHISON, and Senator CORNYN—we all publicly available. The U.S. Energy Infor- will get back to the Senator as soon as mation Administration annually predicts fu- stepping forward with more regula- we can about getting his amendment ture U.S. fuel consumption. The U.S. Envi- tions. The EPA is doing something pending, if we can do that before the ronmental Protection Agency (EPA) has al- Congress would not do. Oddly, the EPA night ends. ready adopted methods for calculating the is not authorized to make regulations Mr. CORNYN. Mr. President, I am amount of CO2 emitted from each gallon of that Congress does not pass. They are transportation fuel. Finally, Kerry- to implement the law, not make it. But going to object to any unanimous con- Lieberman includes both a floor and ceiling sent requests until we have some un- that is what they are doing, and we are for carbon prices that will form the cost trying to stop it with the McConnell derstanding about when I will be al- range for the program. Additionally, EPA lowed and others will be allowed to has just released its estimates of future car- amendment that would repeal the EPA offer their amendments. bon prices that would form the basis of the greenhouse gas regulations. I hope my The PRESIDING OFFICER. The Sen- gas tax under Kerry-Lieberman. Utilizing colleagues will support it. In addition, as a former small busi- ator from Texas. this information reveals a truly massive gas tax that Kerry-Lieberman would impose on nessperson myself, I know it is very AMENDMENT NO. 183 the American people. hard for small businesses to make ends Mrs. HUTCHISON. Mr. President, I Kerry-Lieberman will impose a new gas tax meet. I have heard from so many of the wish to speak in favor of the McConnell of at least $2.3 trillion and up to $7.6 trillion. people in Texas who are now trying to Under EPA estimates, the Kerry-Lieberman amendment, which is the pending make ends meet and keep people em- amendment, which the Senator from gas tax would total $3.4 trillion: $1.29 trillion to $4.18 trillion gasoline tax ployed in small businesses. This health Louisiana is trying to get tagged for a on American drivers, workers and businesses care reform bill is causing them to not vote. But I also wish to have the oppor- ($1.87 trillion under EPA estimates) hire people because they do not know tunity to support two of the amend- $744 billion to $2.46 trillion diesel fuel tax what the costs are going to be. ments that I have offered—at least on American truckers, farmers, workers and Basically, you are going to be taxed filed—and would like to have them businesses ($1.08 trillion under EPA esti- if you are an individual or a small busi- mates) pending as soon as the process allows. ness that does not adopt the govern- Let me just say that I do support the $294 billion to $963 billion jet fuel tax on American air passengers ($425 billion under ment-prescribed health care insurance McConnell amendment. Let me be pret- EPA estimates) for your employees or your family. ty clear and pretty simple. In the last These figures include provisions in the leg- That is the bottom line. If you do not session of Congress, Senator islation intended to reduce the impact of do exactly what the government says LIEBERMAN and Senator KERRY offered this massive new gas tax. While present, the and meet their government-required a climate change regulation that would allowances provided to refiners mitigates standards, even if the employees are have caused our fuel prices to go up ex- only 2% of the gas tax, leaving consumers with a new $2.3 trillion to $7.6 trillion gas tax happy with their health care coverage ponentially. Senator Bond and I did a bill. or certainly do not want to be left to study on the Kerry-Lieberman multi- Another component of Kerry-Lieberman is the government health care, you will trillion-dollar tax bill that would have its refund program. Building on legislation still get the fine. happened if Congress had passed their from Senators Cantwell and Collins, Kerry- Most small businesses I talked to legislation. We estimated that it would Lieberman refunds a portion of its tax and were saying: I am going to pay the fine. have been about $3.6 trillion in total fee revenues back to consumers. Kerry- It is easier. I don’t have liability. I fuel-added expense to the small busi- Lieberman, like the House-passed Waxman- Markey cap-and-trade bill, also attempts to don’t have to hire people to work with nesses and the families in this country. shield energy consumers from its massive my employees to get the best prices. We have documented that in this re- cost increases with price relief subsidies. That takes a lot of my time and it is port. Over the life of the bill, these refund and re- not helpful to the bottom line of my I ask unanimous consent to have lief programs amount to approximately 69 company, and therefore I am just going printed in the RECORD the executive percent of the revenues it collects. However, to pay the fine and let the government summary of this report. Kerry-Lieberman proposes the government do it. There being no objection, the mate- keep the remaining 31 percent of its new tax Health care is not going to improve rial was ordered to be printed in the and fee revenues and spend it on new govern- for the small businesses and for the ment programs and deficit reduction. Apply- families in this country. RECORD, as follows: ing this 69/31 refund/spending ratio to the EXECUTIVE SUMMARY new gas tax means that U.S. consumers My amendment, No. 197, that has The American Power Act proposed by Sen- would still face a net tax burden of between been filed, which I hope to have pend- ators Kerry of Massachusetts and Lieberman $734 billion and $2.4 trillion under Kerry- ing, is called the SOS Act—Save Our of Connecticut is the latest attempt to cap Lieberman (31 percent of $2.3 trillion and $7.6 States—meaning that while the Flor- American carbon emissions through new fed- trillion). ida case that has said the health care

VerDate Mar 15 2010 02:35 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.026 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1666 CONGRESSIONAL RECORD — SENATE March 15, 2011 reform law is unconstitutional is still amendment to stop the EPA from add- prices from increasing, and it did not unsettled, States and small businesses ing costs to the refineries and the gaso- find this claim to be true. It found it to should not be spending the money to line producers of our country. be false. So at this moment, when implement a law that may be thrown The PRESIDING OFFICER. The Sen- world events are unfolding in Cairo in out anyway by the courts. Let’s not ator from Louisiana. Egypt, in Libya, and we recognize that cause the financially strapped States Ms. LANDRIEU. I thank the Senator our dependence on foreign oil is a huge and small businesses in this country to from Texas. I appreciate the patience strategic vulnerability for the United have to spend the money to implement of my colleagues who are on the floor. States of America, that the flow of our the health care reform bill until we Because we have had two or three col- energy dollars overseas is a huge mis- know it really is the law of the land. leagues from this side of the aisle take for our economy, why—why— Right now, that is a question because speak, I thought it would be appro- would we vote for an amendment de- two courts have thrown it out as un- priate to go to the Senator from Or- signed to increase our dependence, our constitutional, one in Virginia and one egon, then recognizing Senator dependence on oil, our dependence on in Florida. BARRASSO to speak on his amendment foreign governments, decrease our se- So my amendment, No. 197, will say and Senator PAUL to then speak on his curity, and damage our economy? It is that we will delay implementation. We amendment. simply a wrong amendment in all that will not require any costs to be in- If no one objects—I do not see anyone framework about our dependence on curred by a business, an individual, or on the floor—if we can go in that order, foreign oil. a State until it is clear it has gone to I think everyone can be accommodated Second, this amendment is an attack the Supreme Court and the health care before the vote at 6 o’clock. on public health. It is an unprece- reform act really is the law of the land. Is that okay with everyone? Thank you. dented attack, asking Congress to step How much could that save? Millions in and veto the scientific judgment of for our States and millions for the The PRESIDING OFFICER. The Sen- ator from Oregon. the EPA scientists. It tells the agency businesses across our country. I hope charged with protecting our public AMENDMENT NO. 183 we can get this amendment pending. health and the health of our children The second amendment is No. 198. It Mr. MERKLEY. I rise to address the to ignore dangerous global warming, is called the Lease Act. It is simple. McConnell-Inhofe amendment to repeal gas pollution, carbon pollution, and a Today, we have a virtual moratorium. EPA’s authority to regulate green- house gases. My colleague from Texas long list of other global warming gases. My colleague from Louisiana has des- The Clean Air Act in 1990 alone pre- ignated what we have as a was addressing this amendment and vented 205,000 premature deaths, 674,000 permitorium, because there is almost noting her support for it. But I wish to cases of chronic bronchitis, 22,000 cases no activity—new activity—in the Gulf bring to my colleagues’ attention sev- of heart disease, 850,000 asthma at- of Mexico in deepwater drilling activ- eral reasons this amendment is bad tacks, and 18 million cases of child res- ity. policy for America. We know that gasoline at the pump First and foremost, this amendment piratory illness. In 2010, the Clean Air Act prevented is going up because there is a shortage increases our addiction to foreign oil. 1.7 million asthma attacks, 130,000 of supply. If we would get these leases It increases oil consumption by 455 mil- out there, all of the exploration that is lion barrels. Right now we import heart attacks, 86,000 emergency room being done, and allow the people who about 9.7 million barrels of oil per day. visits. It has been studied time and have paid the bonuses for the leases to This amendment is equivalent to 6 time again. What we know is the appli- fully use their leases, then we would weeks worth of oil imports. Recognize cation of the effort to clean up our air give them 1 more year to be able to de- that gas prices are about $3.50 per gal- results in all of us having a better termine if it is worth it to drill a well lon, so the McConnell-Inhofe amend- quality of life. in the Gulf of Mexico and start pump- ment amounts to a $68 billion pricetag This amendment, this attack on pub- ing oil and increase our supplies for working families to buy gas from lic health, is the wrong policy for our through our own natural resources that oil imported from overseas. Nation. Again, it is something that God has given to our country. This is not a tax that in any way sup- third parties have weighed in on, those Our amendment No. 198, which is the ports our economy. In fact, this is a who seek to protect our health and our Hutchison-Landrieu bill, would extend tax that goes out of our economy to health care system. The American for 1 year, which is the time these peo- purchase energy from overseas—from Lung Association calls this amendment ple have paid for a lease but not been the Middle East, from Nigeria, from ‘‘a reckless and irresponsible attempt able to use it, because there is a mora- Venezuela. That is very profitable to to put special interests ahead of public torium on the deepwater drilling, and the companies that supply that oil. It health.’’ The American Public Health the Department of Interior has now is very profitable to the governments Association has weighed in similarly. only given a maximum of up to three, far outside of the United States of Finally, this amendment is an attack possibly only two permits for the peo- America. But it certainly hurts the on science. The Clean Air Act, passed ple who had been able to explore before citizens of our Nation. It takes our en- by a large bipartisan majority and the BP spill. ergy dollars and puts them elsewhere, signed by President George H. W. Bush, I hope to get both of those amend- rather than keeping them inside our tasked the EPA with updating our ments up. I can think of nothing that economy. It decreases our national se- clean air standards and setting com- would help small business more than to curity rather than increasing our na- monsense limits on pollution based on know they will not have to implement tional security. recent science. the health care reform act, they can go Furthermore, gasoline prices are set This amendment would have Con- ahead and hire people, free them to by the law of supply and demand. This gress step in and overrule the EPA on build up their employment base, which amendment increases our demand for science, not just by gutting basic pro- is what we all want to do, build our foreign oil. So if anything, this amend- tections for clean air and clean water economy and, secondly, to hopefully ment increases gas prices. but by repealing EPA’s program for get a better price on fuel for them so My colleague from Texas said we can- having polluters simply report their they will not have to suffer with these not afford to ‘‘raise the cost of fuel.’’ I pollution. high gasoline prices. absolutely agree, and that is why we In other words, this amendment says Most small businesses, in a poll, said should defeat this amendment. Indeed, to the American public, we are not their top three expenditures include I think almost everyone understands even going to let you know about the the cost of fuel, electricity, and nat- that when you increase demand for a dangerous pollutants being put in the ural gas. So we need to give our small product, you drive the price up, not air. Certainly that philosophy, not businesses help. I hope we can get our down. But there are some third parties only of attacking our public health, amendment Nos. 197 and 198 pending at that have weighed in on this conversa- but of attacking our right to know, is the appropriate time. tion. absolutely wrong. At this point, I hope my colleagues PolitiFact.com did an analysis of the Colleagues, let me wrap up. This will support Senator MCCONNELL’s claim that this amendment would keep amendment increases our dependence

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The say: and foreign governments, instead of danger is if we do nothing that we may Currently there is sufficient spare capacity keeping that money here at home. It is well face a debt crisis in our country. in OPEC to offset a decrease in Gulf of Mex- a mistake. Let’s vote it down. We need to do more. My amendment ico deepwater production that could occur as I yield the floor. will cut $200 billion in spending. a result of this rule. The PRESIDING OFFICER. The Sen- When I go home and I talk to the That is this administration’s ator from Kentucky. grassroots voters, they say, that is not mindset: Don’t worry about domestic Mr. PAUL. I ask unanimous consent even enough, we need more. But at the production. OPEC has us covered. to set aside the pending amendment very least, let’s have a significant cut The administration’s shutdown of and call up my amendment No. 199. in spending and do something to get American exploration is not the only The PRESIDING OFFICER. Is there the deficit under control before it is problem. The administration is also ag- objection? too late. gressively implementing Environ- Ms. LANDRIEU. I object to making The PRESIDING OFFICER. The Sen- mental Protection Agency regulations it pending but not for discussion. ator from Louisiana. that will drive up the cost of energy. The PRESIDING OFFICER. Objec- Ms. LANDRIEU. Please let me cor- The EPA’s climate change regulations tion is heard. rect myself. Earlier today I said that under the Clean Air Act will cause gas Mr. PAUL. This amendment, No. 199, Senator COONS is from Connecticut. prices for every American to go up would save taxpayers $200 billion. Re- Clearly he is from Delaware. And Sen- even more. That is why I am here cently you have seen some discussion, ator JOHANNS is not on the floor, but today. The McConnell amendment will but I think the American taxpayers are Senator BARRASSO is. It has been a fix this problem. Senator INHOFE origi- actually baffled that there is not more long day and I apologize to my col- nally introduced the legislation in the discussion up here. leagues. But the Senator from Wyo- Senate. It was introduced in conjunc- We have proposals of a deficit from ming is going to speak for a few min- tion with a bill in the House by Rep- utes, and then the Senator from the other side of $1.65 trillion and yet resentative FRED UPTON. This legisla- we are not down here discussing this. Vermont, Mr. SANDERS. tion will stop the Environmental Pro- I am still hoping we can have a vote We have not passed a budget. We have tection Agency’s regulatory overreach not passed any appropriations bills this on one or two amendments at 6 o’clock. The PRESIDING OFFICER. The Sen- that is going to increase gas prices. year. The American people wonder When Congress refused to pass the ator from Wyoming. what we are doing. You wonder why Mr. BARRASSO. Mr. President, I rise President’s cap-and-trade scheme last the American people say Congress has to speak about the McConnell amend- year, the administration turned to plan about a 13-percent approval rate? Why ment, in favor of the McConnell B—the use of the Clean Air Act to reg- are we not today talking about a budg- amendment. Gas prices have increased ulate climate change. The theory be- et? Why are we not talking about ap- 43 cents in the last month, and 77 cents hind it is that additional restrictions propriations bills? Why do they not a gallon over the last year. These sky- on carbon-based energy and higher come out of committee? rocketing prices are hurting American costs for gasoline are needed to make Then when we get to the proposals, families, and are threatening to derail green energy more competitive. The look at the proposals. In the red we the economic recovery. key word is ‘‘competitive,’’ not actu- have the deficit, $1.5 trillion, maybe You say, how much is this impact on ally making green energy more afford- $1.6 trillion. Here we have the pro- the American family? Well, the Depart- able, just more competitive, not by posals. The other side, you cannot even ment of Energy says the average Amer- driving down the cost of green energy see without a magnifying glass, $6 bil- ican family will spend about $700 more but by driving up the cost of red, white, lion. We borrow $4 billion in 1 day. We on gas this year than they did last and blue American energy. spend $10 billion in 1 day. And the best year. That is going to impact every Energy Secretary Steven Chu has they can do is $6 billion for a whole family, every family trying to deal even said publicly: ‘‘We have to figure year. with bills and kids and a mortgage. It out how to boost the price of gasoline Our proposal is a little bit better but is not as if this problem happened over- to the levels in Europe.’’ still does not touch the problem, $61 night. For over 2 years, Americans The price in Europe is $8 a gallon. billion in cuts. It sounds like a lot of have heard the President deliver Under this cover of creating green jobs, money. You know what, we increased speeches and make promises on energy. EPA regulations are increasing the spending by $700 billion, and now we But the President says one thing and cost of red, white, and blue energy. are going to nibble away at $61 billion. then he does another. That ‘‘say one This administration is trying to But put it in perspective. Saving $61 thing, do another’’ policy does nothing achieve its goals, the same goals as cap billion on $1.5 trillion means that ei- to ease the pain at the pump. The ad- and tax, by placing a massive energy ther proposal, Republican or Democrat, ministration’s policies are making the tax on gasoline and gasoline produc- is going to add trillions of dollars to problems today worse. The President’s tion. the deficit. reckless policies have virtually shut One of the ways the EPA will use the I am proposing something a little down offshore exploration for oil. Last Clean Air Act is to regulate greenhouse more bold. I am proposing $200 billion week, former President Bill Clinton gas emissions from America’s oil refin- in cuts. I think it is the very least we called the delays in offshore oil and gas eries. We have not had a new oil refin- can do. Two hundred billion dollars in drilling permits ridiculous. Offshore oil ery built in this country since 1976. The cuts can be gotten rather easily. The production in the Gulf of Mexico is ex- EPA’s climate regulations will make it Government Accountability Office said pected to drop 15 percent this calendar even more difficult and more costly to there is $100 billion in waste, duplicate year. What that means is higher gas build and operate refineries. The re- programs. Why do we not cut that? prices and fewer American jobs. The sult, of course, is higher gas prices at What are we doing? administration actually told Congress the pump and a greater reliance on im- If you look at the chart of what is we can replace the loss of American oil ported gasoline. The Environmental going on here, and you say, what has from the Gulf of Mexico with more oil Protection Agency’s climate regula- happened to spending, the yellow line, from OPEC. That is exactly what this tions must be stopped. They are arbi- around 2008 when we got the current administration told Congress in Octo- trary; they are costly; they are de- administration, is going up exponen- ber. In justifying more restrictive off- structive; and they are politically driv- tially. That is the spending that is shore drilling rules, the administration en. going up. The spending is driving the admitted this would lead to lower pro- The EPA’s climate rules are just one deficit. duction of American oil. tool to make gasoline prices go up. But

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It will block the economy standards and is projected to said causes major developmental prob- same manipulation of laws to increase save drivers $2,800 on gas for new vehi- lems for children. Our Nation’s leading the future cost of gasoline for all cles. public health experts, including the Americans. My legislation, which has The reason for that is pretty obvious. American Academy of Pediatrics, the the support of 20 Senators, would block We are making an effort to see that American College of Preventative Med- the manipulation and misuse of the cars manufactured and sold in this icine, the American Public Health As- Clean Air Act, the Clean Water Act, country get decent mileage per gallon. sociation, the Asthma and Allergy the Endangered Species Act, the Na- We wonder why all over the world peo- Foundation of America, the American tional Environmental Policy Act, and ple are driving cars that get 40, 50, 60 Heart Association, and the American the use of citizen lawsuits. miles per gallon, and we are stuck with Lung Association, recently said the I am trying to stop this administra- cars that get 15 or 20. We can, we must, Clean Air Act’s continued implementa- tion from placing a massive energy tax and we are doing better in that area. tion is ‘‘quite literally a matter of life on gasoline and other forms of afford- We have to continue to go forward. and death for tens of thousands of peo- able energy. The Environmental Spe- The Clean Air Act standards are pro- ple and will mean the difference be- cies Act is currently being used to re- jected to save 2.3 billion barrels of oil. tween chronic debilitating illness or a move 187,000 square miles of land from When we get cars that are energy effi- healthy life for hundreds of thousands cient—hybrids, electric cars—we are energy exploration. A decision of this more.’’ not consuming oil from Saudi Arabia. That is what is at stake. I will vote magnitude will drastically limit oil We all talk in the Senate about the against the Inhofe amendment and and gas development and exploration. need to move this country toward en- urge my colleagues to vigorously op- They do this all in the name of climate ergy independence. But the Clean Air pose this attack on our public health. change. While this amendment may benefit When the administration blocks pro- Act is actually helping to deliver it. That is good news for our national se- wealthy oil companies, it is an attack duction of American oil used to make curity but not for polluters. The Inhofe on the health of all Americans who gasoline, American families pay higher amendment would keep us dependent want to breathe healthy air and drink prices at the pump. They pay higher on foreign oil, something we certainly clean water. prices today, and the prices will remain do not want to be the case. I yield the floor. high in the future. I plan to continue My Republican friends claim the The PRESIDING OFFICER. The Sen- to fight the many ways this adminis- Clean Air Act regulations are destroy- ator from Louisiana. tration is trying to enact cap-and-tax ing the economy. That claim is also Ms. LANDRIEU. Mr. President, I see policies and raise gas prices. The Presi- false. This chart shows that even as we two Members on the floor. I ask unani- dent says he wants renewable energy to have reduced pollution in the air by 63 mous consent for Senator JOHANNS to be the cheapest form of energy. He percent since 1970, our economy grew go next and Senator ROCKEFELLER, who needs to level with the American peo- by 210 percent and added nearly 60 mil- wanted to speak, and then we will try ple. He needs to admit his scheme is to lion jobs. In fact, the Clean Air Act and to get some sort of consent for one or raise the cost of all other forms of en- other environmental laws have helped two votes tonight. We are still hoping ergy and make the American people create hundreds of thousands of jobs in to do that around 6. We will try to keep pay the bill. environmental technologies and pollu- Members posted. We should be exploring for more tion control industries. If we invest AMENDMENT NO. 161 American energy offshore, on Federal properly in energy efficiency and in The PRESIDING OFFICER. The Sen- lands, and in Alaska. I urge my col- such sustainable energies as wind, ator from Nebraska. leagues to support the McConnell solar, geothermal, biomass, over a pe- Mr. JOHANNS. Mr. President, I rise amendment so we can block the admin- riod of years we will, in fact, not only in support of the pending Johanns- istration’s costly regulations and pro- clean up our environment, not only Manchin amendment 161, which I be- tect the pocketbooks of American fam- move toward energy independence but lieve would send a positive, strong mes- ilies. The President’s policies are mak- create millions of good-paying jobs. sage to job creators that Congress is ing the pain at the pump even worse. It For every $1 invested in clean air, we listening, that we have heard them. is time to stop these policies today see up to $40 in return in economic and The bill we are debating today to help with the McConnell amendment. health benefits to America. We should small businesses utilize Federal fund- I yield the floor. all understand, however, that while big ing for research and development is The PRESIDING OFFICER. The Sen- polluters may not like the Clean Air certainly important. But I have to tell ator from Vermont. Act, it benefits every American. Why is my colleagues, I believe what our small Mr. SANDERS. Mr. President, I it that after we have made significant businesses are focused on, what they think we all know elections have con- progress in beginning to clean up our are worried about is the avalanche of sequences. I doubt seriously, however, air, there are people who want to bring new regulations headed their way. that when most voters went to the us back to the days when polluters They are worried about the mountain polls last November, they were voting could fill the air with all kinds of soot of paperwork that is about to over- for more of their kids to get aggra- and other harmful products which whelm them due to the 1099 reporting vated asthma or more people to go to cause disease all over America? requirements contained in section 9006 the hospital with respiratory problems Thanks to the Clean Air Act, we are of the health care law. Instead of focus- or more people to get sick in general. I actually saving 160,000 lives each year. ing on hiring new workers and growing do not think the people went to the People are not dying from premature their businesses, they are meeting with polls this past November to vote to put deaths, as they would have if the air accountants. They are wondering why big oil and big polluters in charge. I they were breathing was dirty. We are those in Washington choose to weigh didn’t see those TV ads. literally avoiding sending tens of thou- them down further after the last 2 But make no mistake. People may sands of people to the hospital and years. not have voted for a polluter poison emergency rooms every year, avoiding So the amendment I offer today agenda, but that is exactly what they thousands of cases of heart attacks, seeks to solve that problem by repeal- are getting from Republicans in the skin cancer, aggravated asthma, and ing the 1099 reporting mandate that is House and their colleagues in the Sen- lung damage thanks to the Clean Air weighing down upon them. As we all ate. Their agenda is to deregulate pol- Act. know, I am referring to the tax paper- luters, even if it harms our national se- Senator MERKLEY made the point a work nightmare that, as I said, is bur- curity. They want to gut the bipartisan few moments ago about the view of the ied in section 9006 of the health care

VerDate Mar 15 2010 02:35 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.028 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1669 law. It is straightforward. It says if a the doc fix, and they did it unani- Republicans and Democrats and Inde- business purchases more than $600 of mously. Only two people opposed it in pendents can claim victory and say we goods or services from another busi- the House. The President signed it ea- got this done. It was the right thing to ness, then they are required to gen- gerly. do. It never should have been in the erate and provide to that business and Yet, today, some have decided it is health care bill in the first place. to the Internal Revenue Service a 1099 somehow a tax increase. It does not My hope is my colleagues will stick form. pass the smell test. Our small busi- with me. We can get it done. We can This new mandate will affect 40 mil- nesses—well, they are not buying it ei- get it passed and get it signed by the lion businesses in this Nation. That is ther. They will see it as one more hol- President. You will hear a cheer all not even mentioning the nonprofits, low excuse why we cannot provide busi- over this country by our job creators the churches, our local and State gov- nesses and their workers relief from when it is finally repealed. ernments that are also impacted. Fur- the nonsensical paperwork mandate. With that, I yield the floor. thermore, it will stand in the way of These job creators have watched The PRESIDING OFFICER. The Sen- job creators by forcing businesses to dueling amendments and proposals and ator from West Virginia. waste capital and human resources on counterproposals for too long, and they Mr. ROCKEFELLER. Mr. President, I useless paperwork. have grown impatient. Our small busi- have comments I wish to make on 1099 Considering the high unemployment nesses do deserve better, but, unfortu- which are at odds with the distin- rates plaguing many States, it does not nately, at the moment, we are getting guished Senator from Nebraska, but I make sense that we would keep this more of the same. will hold that for another moment. job-suppressing paperwork mandate. More legislative squabbling only AMENDMENT NO. 183 Yet repealing the nonsensical mandate delays the certainty that our business I think it is well known that in West has been a long and somewhat tortured community wants us to provide to Virginia we have had our problems path. I first circulated a ‘‘Dear Col- them. They are looking for us to help with EPA, and I have an amendment league’’ letter asking for cosponsors on them through this paperwork mess. which would say for a period of 2 years Well, what is happening out there— the 1099 repeal back in June of last they would not have the power to en- because this is now starting to stare year. When we introduced it in July, force their laws on stationary sources, them in the face—is they are already we had 25 cosponsors, and small busi- i.e., powerplants. But it lasts for 2 starting to think about software be- ness watched us with great anticipa- years and then it stops. cause they have to track this, and tion. It gave them hope that common What is my reason for doing that? I there is a cost to that. They are talk- sense was going to prevail in the Sen- will offer this amendment. My reason ing to their accountants, and that ate and that partisanship could be set for doing that is, I wish to give us the costs money. They are diverting very aside to simply do the right thing. time to come up with a good carbon se- precious capital in anticipation of the Unfortunately, that hope did evapo- questration bill and also give us the new mandate, not to mention the fact rate. They have been frustrated, time time to come up with an energy policy, that rental property owners are cur- and time again, when it failed to ad- since, if my amendment were to pass— rently subject to the new mandate. Un- vance in September and in November since it is 2 years from the date of pas- fortunately, our rental property own- and appeared stalled as we came into sage—that does give us the time, if it is ers are having to comply with it and the new year. But, finally, they saw a the will of the Congress, to have an en- track each payment for repairs and for ray of hope on March 3 when the House ergy policy. If it is not, then that, of upkeep. passed 1099 repeal. It was a very large We need to give these folks a break course, is quite a different matter. But I simply cannot support and will bipartisan effort, 314 to 112. so they can focus on growing and cre- not support the McConnell amendment, Small businesses cheered last week ating jobs, not worrying about how to when Majority Leader REID endorsed pay for additional accountants. Pass- which calls for a complete emascula- the House-passed version and indicated ing H.R. 4 would show them we are lis- tion of EPA forever. I do not under- H.R. 4 would likely be passed and go on tening to their concerns and we are stand this type of thinking. I under- directly to the President by the end of committed to removing unnecessary stand we are in a very sort of difficult the week. Yet, when Thursday rolled barriers to their success. Instead, we position in a postelection period, where around, a vote on 1099 repeal was are requiring our job creators to wait people have very strong ideas: Let’s get shelved and replaced with a vote on a out on the sidelines while this con- rid of government, and let’s size every- judicial nominee. Once again, our job tinues to go on and on and on. They de- thing down and get rid of all these peo- creators were left scratching their serve better. ple who have been giving us trouble. heads, disappointed by the continued So I join our Nation’s job creators, I think we have to be mature in the political gamesmanship on this very once again, asking the Senate to act on way we approach these problems. I do important issue. this very important issue and repeal not think by saying EPA, created by Moving the goalposts yet again, we the 1099 requirement. Rest assured, President Nixon in 1972, shall virtually now hear that some are objecting to they will not go away, and we do not cease to exist with respect to any ef- the House bill’s offset to completely want them to. We want them to do ev- fect on greenhouse gases at all, for- pay for the repeal of the 1099 mandate. erything they can to create jobs. ever—the concept of doing something This now supposedly controversial pro- I will offer this legislation as an forever is, to me, a very risky thing on vision simply reduces improper over- amendment to every legislative vehicle its face. It does not usually make any payments of insurance subsidies. moving in the Senate until it becomes sense, whether it is health care or en- As the Secretary of Health and law. I am hopeful not many more of ergy policy or any other kind of policy, Human Services said, the repayment of these amendments will be needed be- to make a law which has to do with improper subsidies makes it ‘‘fairer for cause there is a simple solution: Repeal regulation and then say: You cannot recipients and all taxpayers.’’ Yet some it. I believe there is strong bipartisan regulate forever. have now decided this House offset is support for it. We can then send it to What if you did that to the National somehow a middle-class tax increase. the President. He can sign it, as he said Highway Traffic Safety Commission? That argument, to me, is stunning. he would, and we can celebrate this in We have discovered that for children Since when is requiring someone to a very bipartisan way. the little models they use for crash repay what was given to them erro- A vote on this amendment is signifi- tests are not, in fact, big enough. They neously ever regarded as a tax in- cant, not only because it truly is the were created a number of years ago, crease? Where I come from that is sim- right thing to do but because it will and kids are much bigger now. So we ply smart government for the tax- show that H.R. 4 has more than 60 have to change, and the Commerce payer. Furthermore, I find it a bit too votes needed to pass the Senate. All we Committee is working on this. We have convenient that not one Senator com- need to do is try on this and get it to change the size of the little dum- plained about using this very offset to done. mies they put in these seats to crash pay for the Medicare doc fix last De- Once again, I point out, this is a bi- test them to see what happens to them cember. Remember, the Senate passed partisan effort. This is an effort where because kids are larger. So if you made

VerDate Mar 15 2010 02:35 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.029 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1670 CONGRESSIONAL RECORD — SENATE March 15, 2011 a rule that this was to last forever, all of this, they will just start walking What is going on in Japan right now, under original circumstance, obvi- away from coal very quickly. This I shy away from the idea of saying: Oh, ously, that would hurt our children and would also be true in Pennsylvania, the well, then we have to stop from ever create discomfort and sadness. home of the Presiding Officer. Natural building any nuclear powerplant for- The Environmental Protection Agen- gas is beginning to take over large ever. I am not a big fan of nuclear cy is not a frivolous agency. It is cre- parts of our electric power industry. power, but I don’t think we make deci- ated, yes, to regulate pollution. I have That has happened in North Carolina sions because of that. We don’t make been saying to the West Virginia Coal and in Ohio and probably a little bit in them out of emotion. We don’t make Association, which for the most part Pennsylvania and, yes, a little bit in them because of a catastrophe in an- does not believe in climate science— West Virginia. The Marcellus Shale is other country. Maybe there is and they do not believe there is a climate an unbounded, endless pool of natural maybe there isn’t; I haven’t checked problem, and I have been saying to gas, and it lies up and down the Appa- the news in 4 or 5 hours. But that is 20 them for a number of years that is lachian spine. Companies are beginning percent of all of the power in this coun- wrong. In my judgment, the science is to switch away from coal to natural try. So before we make the decision, true, the science is unequivocally true, gas. let’s be thoughtful about it. and there is a price to carbon in their Now, if one doesn’t care about coal I think we ought to be thoughtful future. I said this a couple months ago. miners and one doesn’t care about coal about this amendment, the McConnell There is a price to carbon in their fu- companies—but, particularly, coal amendment, which says that forever ture. You cannot simply carry on busi- miners. They are not responsible for and ever the EPA will be completely ness the way you are doing it now and any of this. They just dig the coal God stripped away of its authority for car- put in the Earth 1 billion years ago. avoiding any sense of responsibility bon monoxide, climate problems, plus They dig it, and then it is shipped by and be called a mature corporation or a anything else that creates carbon—it truck or by rail or in some fashion, mature person in this country or a ma- could be factories; all kinds of things. perhaps by barge, off to a power com- ture public servant. They will be completely free of any I understand the fervor of the Sen- pany. The power companies are the ones that have to make the decision kind of regulation. I think that is ator from Oklahoma, the Senator from how are they going to burn it. Are they wrong. Kentucky, and others who put up this I think the regulation has to be put going to burn it cleaner? amendment for a permanent ban on Two companies in West Virginia, one in place which is reasonable, which any regulation of carbon dioxide or any being American Electric Power, has would be the purpose of my amendment other of these areas. But in the proc- conducted an experiment in New for 2 years. Then that would be it. Then ess, of course, what they say they are Haven, which is the large powerplant we would see where we are. But to do a for is that the EPA can no longer regu- in the state. They have picked out 18 permanent, complete emasculation of late CAFE standards; that is, how percent of all their emissions, and they the EPA isn’t what a mature body of many miles per gallon your car gets. If have applied carbon-capturing seques- legislators does, in my judgment. I, you look at the private sector, there is tration to that 18 percent. That 18 per- therefore, will vote against this amend- a drive and a competition now to in- cent of the flue gas emissions have ment and will wait to see the result crease and raise the level of corporate gone from whatever carbon content and then offer my amendment which I average fuel economy standards, low- down to about 10 percent carbon con- think is much more sensible. ering emissions. That is as it should be. tent. That is called clean coal. I thank the Chair and yield the floor. That is a natural product of free enter- When we talk about coal on this The PRESIDING OFFICER. The Sen- prise competition. floor, everybody assumes coal is always ator from Louisiana. But to say that the EPA—what if dirty. Well, coal is dirty when it is Ms. LANDRIEU. Mr. President, I there were to be a backslide? What if taken out of the ground and nothing thank Senator ROCKEFELLER and all of the Big Three and a number of others happens to it. But with all of the the Members who have come to the decided: Well, this isn’t worth our science and technology we have avail- floor today debating this important while. There is nobody regulating us, able, carbon-capturing sequestration is bill and to share their thoughts about so we don’t have to do anything about not only working to make that clean other amendments that are—some di- it, and they slipped backward and then coal, therefore, highly competitive— rectly but some indirectly—related to created a much more emission-charged much more competitive than natural our discussion. It doesn’t look as if we climate? gas, which is 50 percent carbon diox- are going to vote tonight, but we are I cannot abide by that. I cannot be- ide—it makes it only 10 percent when going to continue to work throughout lieve that is sensible government. I we use these technologies. That is what the evening as Members want to come cannot believe that in the theological my amendment—the 2-year amend- to the floor and speak on their amend- drive to make government small, to ment, and then only 2 years, that is ments, so we can try to work some- make government disappear, to make what is meant to give us the time. Sen- thing out for tomorrow. health care disappear, to make all sibly, that is what we ought to be doing I thank Senator SNOWE and her staff kinds of things disappear—so we can if people cared about having an energy for their good work today. I see Sen- all be happy again, as we were in the policy. ator WHITEHOUSE on the floor. He may 1910s and 1950s, I guess—life does not Then there is another facility, oper- wish to speak about an amendment. work like that and legislation should ated by Dow Chemical. Dow Chemical But I remind everyone that we are on not work like that. is not usually associated with these the SBIR and STTR Reauthorization We should approach it thoughtfully, things. But they are running exactly Act. It is a very important piece of leg- with a long view as well as a short the same kind of a burning of coal islation that has been sputtering for a view. The short view says: Oh, I have to focus and demonstration using a slight- reauthorization now for over 6 years, be mad at EPA—and I am because they ly different technology, but also get- and there are literally thousands of en- have done things in West Virginia ting about 90 percent of the carbon out tities—small businesses, dozens of Fed- which I think are wrong and should be of the coal, and they use the power eral agencies, many, many organiza- changed—but I would never, for a mo- from that. They use that. So don’t tell tions from the Chamber of Commerce ment, consider saying they should for- me it can’t be done. Just tell me we to the American Small Business Asso- ever be banned from having anything don’t have the technology to do it ciation—that are depending on us to do to do with climate change policies or broadly enough. But if we are talking our work and actually get this program CAFE standards. It does not make any about a nation with a couple hundred reauthorized. It is important to give sense. years’ of coal left, don’t—I don’t want consistency and permanency. So we are It is embarrassing. It is embar- to hear about dirty coal because that is going to continue to work to do that. rassing. That is not a favor to the peo- not going to get anywhere. But clean I look forward to speaking in more ple of West Virginia. What that means coal, that can do a lot better than nat- detail about the bill later tonight and is the companies—coal companies, ural gas and do a lot better than a lot tomorrow. But it looks as though we power companies—that are looking at of other alternative energies. are not going to have votes tonight;

VerDate Mar 15 2010 02:35 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.029 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1671 but, hopefully, we can get some order science for more than a century. It is But we are unable to vote tonight and and some agreement to proceed. in basic textbooks. to come to any consensus about the At this time I see Senator When we take that scientific the- order of votes. Hopefully, we can do WHITEHOUSE on the floor. ory—basic, established, more than 130, that sometime this evening. The PRESIDING OFFICER (Mrs. 140 years old—and then combine it with Let me take this moment to again HAGAN). The Senator from Rhode Is- the facts as we see it, that it has been thank the 84 Members of the Senate land. in this range, it is now out of an 8,000- who voted yesterday to give us an op- Mr. WHITEHOUSE. Madam Presi- century range and climbing, and we portunity to get to this important bill. dent, we are not at this moment with- look at some of the effects that are be- As people have watched this debate out votes on this important legislation ginning to happen that are also con- throughout the day and continue to for lack of effort by the distinguished sistent with that, a fairly undeniable watch this evening, one of the reasons Senator from Louisiana. She has been story begins to emerge. the leadership likes to sometimes put extraordinarily determined, as she was The day will come, I am confident, appropriate limits on the debate is to with her earlier small business legisla- when our grandchildren will look back keep people focused on the underlying tion which she fought through to a suc- at this moment at our unwillingness to issue. But Senator SNOWE and I decided cess, and I am sure this will be fought deal with the plain scientific evidence to urge our leaders to have a really through to a success as well. in front of us and to instead be per- open debate because we understand One of the ways in which our friends suaded by merchants of doubt with big there are Members who feel very on the other side are seeking to harass checkbooks who have a vested interest strongly about the EPA issues and the and impede this important piece of leg- in the outcome, who have a conflict of climate change rules and regulations islation is by putting on unrelated interest. We are listening to them, and and about the 1099 provision. Senator amendments—particularly poisonous we are not listening to the plain facts NELSON feels strongly about reducing unrelated amendments, including the and to the plain science and the theo- legislative spending. Senator one Senator ROCKEFELLER just spoke ries that have been known for more HUTCHISON and I in particular have about—to completely gut and strip the than a century. People will look back strong feelings about the LEASE Act. authority the U.S. Supreme Court has at us with real shame—there is no So we are going to be as inclusive and recognized EPA has to protect us from other word for it—shame and disgust, incorporate as many of these ideas as the hazard of carbon pollution. that this was the way we addressed this we can. Underlying this procedural maneuver problem on our planet. But I really want to ask, since we which would interfere with this signifi- We can look back at other events have looked at the amendment list just cant jobs-related bill is a fundamental such as this. Galileo had a view based within the hour and we have 48 amend- disagreement about whether our at- on his observations on science as to ments pending on this bill—and some mosphere is being affected by the car- how the planets worked, and he was in- people have half a dozen—if Members bon pollution we have been pumping timidated out of it by the power of the and their staffs will please look and see into it. I would submit the facts are en- day which couldn’t abide that, and he what is absolutely essential for them tirely on one side of that debate, and was taken before the inquisition and to offer as an amendment on this bill the polluters are entirely on the other. was forced to recant. The legend is that so that we don’t miss this opportunity. It is only in a building such as this in when he recanted, he quietly said to That is really what I want to express which so many special interests have himself: I recant, but the planets stay right now, that this will be a missed such sway that the debate has the cur- their courses. opportunity to reauthorize one of the rency it appears to have achieved. Well, the planets stay their courses, best programs at the Federal level. Much of what is happening is non- the laws of physics and chemistry don’t We have heard a lot of talk about debatable. Scientists know—not from change, and we are on a slope toward a programs that don’t work, about pro- theory but from observation, from cal- very severe problem. We can’t just sim- grams that are wasteful, programs that culation—what the range of parts per ply, like the ostrich, put our heads in are full of fraud and abuse. This is not million of carbon dioxide has been in the sand over and over. It is just one of them. This is the Federal Gov- the atmosphere for 8,000 centuries. We wrong. ernment’s largest investment program can go back and find the carbon record So this amendment is wrong that in research and development. This in ice and in other ways, and we can es- would strip EPA of their authority. It gives small businesses in America— tablish what the range was of carbon will hurt people who depend on this. It businesses we all represent on main dioxide in our atmosphere. has always been good for America when streets everywhere, whether North For the last 800,000 years, it has been we have made our air and water clean- Carolina, Louisiana, California, or between 170 and about 300 parts per er. We simply cannot go on this way. It Massachusetts, small businesses with million. That is the bandwidth—170 to is bad for this bill because it puts a poi- cutting-edge technology and new and 300 parts per million—over 800,000 sonous amendment on it when this exciting science, with very bright peo- years. For the first time in 800,000 should be a bill we should all be getting ple who have graduated from some of years, we are out of that range. The behind. It is certainly wrong from a the finest universities in the world— present concentration—again, a meas- point of view of history and science and this gives them an opportunity to put urement, not a theory—exceeds 391 the obligation we have to our younger their technology and their know-how parts per million. Scientists can draw a people and to their children who have in front of Federal agencies for the sole trajectory which is something that to live in a world that faces the con- purpose of saving taxpayer money, cre- people do all over this world. It is not sequences of our negligence this day. ating jobs, and increasing the revenues complicated. It is not theory. If you I thank the Presiding Officer, and I paid to governments at the local, draw a trajectory based on where we yield the floor. State, and Federal level to solve our are going, the trajectory puts us at 688 The PRESIDING OFFICER. The Sen- deficit problem. parts per million in the year 2095 and ator from Louisiana. We are not going to solve our debt 1,097 parts per million in the year 2195. Ms. LANDRIEU. Madam President, and deficit problem by cutting, slash- These are levels that not only haven’t this has actually been a very invig- ing recklessly, domestic discretionary been seen in 800,000 years, they haven’t orating debate on the bill that is pend- spending alone. No one in America be- been seen in millions of years. ing before the Senate. We have heard a lieves that. I don’t know why people This is an experiment in the very na- few amendments that have been filed come to the floor to continue to pro- ture, the very physics of our planet. It that are directly related to the reau- mote that idea. It is not going to hap- has been known since just after the thorization of this important program, pen. We are going to get to a balanced Civil War when the Irish scientist Tyn- and there are others who have an argu- budget when we bring our revenues and dall discovered that CO2 in the atmos- ably indirect impact on small business our spending, in appropriate order, in phere had a warming effect, had a blan- jobs and the creation of opportunity line and when we pass bills such as this keting effect and warmed the atmos- for research and technology invest- that literally help create thousands of phere. That has been bomb-proof ments for small business in America. jobs in America. That is what is going

VerDate Mar 15 2010 02:35 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.030 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1672 CONGRESSIONAL RECORD — SENATE March 15, 2011 to end the recession. That is what is cent of the cost of this program annu- These are very significant numbers going to close this budget gap. And ally. for the Department of Defense. It is $1 that is why I will stay on the floor all I can give dozens of examples of other billion. It is $1 billion this bill will sort week with Senator SNOWE, who has companies that have been launched of set aside and say: Defense Depart- been wonderfully helpful today, and we through this program. ment, if you are looking for that new will continue until we can get this bill Let me say that our Federal depart- radiator for that tank, if you are look- passed. ments are getting better at this. It was ing at ways to cool or looking at ways I don’t want us to miss this oppor- a little touch-and-go at first. The Fed- to sort your ammo more efficiently or tunity because it has been three Con- eral agencies weren’t quite used to it. looking at ways to come up with new gresses—not one, not two, but three Senator Rudman helped to create this software to help that warfighter, here Congresses—that have tried and failed. program. He was very passionate about is $1 billion of research money, and we We are not going to fail this week. We it, as were others, so we sort of pushed want you to ask not just the big com- are going to pass this bill this week in the Federal agencies to do this. They panies in America and around the the Senate. We are going to get a bill were more comfortable doing research world but the small companies, the out of here and over to the House. It is and development with the big compa- innovators out there. Give them a very likely that the House will take up nies. They felt more comfortable. They chance to show you what they have. our bill as it is generally written. felt they weren’t taking as much risk. That is what this program does, and we Why do I say that? Because we have No one likes to fail. So they thought: have reams and reams of data sup- already incorporated so many of the Well, I have this project, and I am porting its effectiveness. House views and thoughts over the last going to give it to IBM. If it doesn’t It also includes this compromise be- several years. This is not new language work, nobody can blame me. The prob- tween the biotech, the venture capital to them. We have a new chairman— lem was that IBM didn’t have all the industry, and the small business com- Chairman GRAVES—and he understands answers. We have come to find out that munity. We had a big fight over the perfectly that we are working hard in sometimes they had very few during last several years, but we have come to the Senate to get this bill over to him parts of their career as a company. a compromise. Neither side is ecstatic, Not to be disrespectful to that com- and to his good committee. which means it is a good compromise. pany, but right down the road there We have literally thousands of busi- They are all sort of just understanding were 10 small businesses, but nobody nesses kind of on hold because they do that without this compromise, this bill ever heard of them; scientists nobody not know whether this program is could fall apart, and they know how ever heard of. Senator Rudman knew going to be here from week to week. important it is. So they have come to this, so he said: We are going to man- We have agencies that don’t know if terms on the basic portion that can be date a certain percentage of your re- they should put out solicitations for invested by venture capital funds, leav- search and development money, you new technologies. Why wouldn’t we ing the integrity of this program as a have to push it out to small business. want to take this opportunity when we small business program, which is the And some of them, yes, failed. But as clearly know this is one of the most ef- way it was created, but allowing an ap- the folks testified, if they are not fail- fective programs? Let me give a spe- ing, this program isn’t working. I want propriate level of involvement with the cific example. We have used it before, to repeat. If they are not failing, this venture capital industry. but it is worth using again, although It also creates Federal, State, and program isn’t working because this we have hundreds. technical partnerships. It improves the program is front-end, high-risk, but Qualcomm is a company that is very SBA’s ability to oversee and coordinate with great returns for the American well known. It developed the software this program. It adds some metrics and taxpayer and great returns for small primarily that allows wireless commu- measurements so we can really get businesses. nication. Twenty years ago, nobody I might say, as I said earlier today, it some good data about how it is work- ever heard of Qualcomm, and very few is the envy of many other countries in ing and where it is not working. And as people had cell phones that weighed the world. The gentleman who has done we authorize it for 8 years, we will be less than 3 pounds each, as I remember. the most research and looking over at able to really say that we got down to But 25 to 30 people came together with this program testified before our com- business and we got serious about reau- Dr. Jacobs. They sat in his den, as he mittee that he travels around the thorizing this important program, testified before our committee just last world, and he is called by other nations while leaving this debate open and week. He said that through the SBIR that ask: How is it that the Federal flexible and allowing the Members to Program, their initial idea got a couple Government sets up programs that have an opportunity to speak about hundred dollars. In phase II, they got allow the small businesses to enter things they feel strongly about. $1.5 million. into research and development? I am hoping that sometime tomorrow That is what this program does— So Senator SNOWE and I have taken we can vote on some of the amend- incentivizes or gives grants or con- this on as our first priority for this ments we discussed today—the McCon- tracts to emerging technologies well year and for this Congress. We know nell amendment, the Johanns amend- before a bank would take a look, well there are many important bills pending ment, potentially, the Vitter amend- before a venture capital fund would before our committee, but we believe ment, and the Nelson amendment. Sen- even look in their direction. You have this is the right bill to present to the ator CORNYN, Senator HUTCHISON, and to develop the technology to a point Congress in the right order. The Chair others were down here to speak. We and then have it launched. This is is on the committee, so she knows this hope to get their amendments in the where there is what he described as the very well. But we are trying to think of queue. But again, if the Members would valley of death—great ideas, but there what we could get out of our com- just be cooperative and let Senator is just not a lot of venture capital out mittee to the floor, to the President’s SNOWE and me know whether you could there and particularly in this reces- desk, that has the most immediate im- choose one or two and not offer six or sionary period. So he says we helped, pact, creates the most jobs, and this is seven amendments, that would be ex- that without this program, it would the program. tremely helpful to us. Just let us know have been very difficult to grow their This program extends the authoriza- and our staffs know, and we will work company. tion for 8 years. It updates the award as hard as we can to have the votes Today, that company employs 17,500 sizes for the program from $100,000 to that are necessary to move this bill off people in about 22 countries in the $150,000. It takes the phase II awards the floor and get it to the President’s world, including right here in the from $750,000 to $1 million. It increases desk. United States, and it pays in taxes, in investment in small businesses by in- For those who say, why aren’t we 1 year, $1 billion. That is 50 percent of creasing the percentage from 2.5 to 3.5 talking about the budget and debt, my the cost of this entire program. So one percent of the research and develop- answer is, we are talking about the company—Qualcomm—in its 25-year ment monies at all agencies over 10 budget and debt. This is part of closing life, has grown so much that it pays years, including NIH and the Depart- the budget gap. This is about creating enough taxes that it supports 50 per- ment of Defense. jobs that generate revenue that closes

VerDate Mar 15 2010 02:35 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.031 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1673 that gap. It is not just about discre- tice and comment requirements and being taught to believe that National tionary domestic spending cuts. We prohibits them from circumventing Guard soldiers were not equal to ac- will never get where we need to be these requirements by issuing unoffi- tive-duty soldiers and were to not re- going down that road. We are going to cial rules as guidance documents.’’ ceive the same standard of care. get to it by a combination of things, After President Clinton issued Execu- Several investigations into the inci- and that is why Senator SNOWE and I tive Order 12866, Federal agencies found dent were conducted by the Army. feel very strongly about bringing this it easier to issue so-called guidance However each of the reports was classi- bill to the floor to talk about growing documents, rather than formal rules. fied as a medical quality assurance and encouraging job creation, particu- Although these guidance documents document, preventing anyone, includ- larly by small businesses, innovators, are merely an agency’s interpretation ing myself, from seeing them. entrepreneurs, inventors, and risk tak- of how the public can comply with a I have been working with Secretary ers who need and rely on this program particular rule, and are not enforceable of the Army John McHugh to try to re- to launch new and exciting businesses in court, as a practical matter they op- solve this issue. I also hope to meet that benefit us all. erate as if they are legally binding. with Ms. Jo Ann Rooney—who, has Whether it is in the State of Oregon, Thus, they have been used by agencies been nominated to be Principal Deputy the State of Louisiana, or, as I said, to circumvent OIRA regulatory review Under Secretary of Defense for Per- Massachusetts, New York, or Cali- and public notice and comment re- sonnel and Readiness, and if confirmed, fornia, we have literally thousands of quirements. would be involved in shaping policy re- companies that have used this program In 2007, President Bush issued Execu- garding the demobilization of National successfully to grow. Our people are tive Order 13422, which contained a pro- Guard troops—so that we can discuss employed, and America is continuing vision closing this loophole by impos- this issue. to lead in many areas. Unfortunately, ing ‘‘Good Guidance Practices’’ on Fed- However, until I am satisfied that we don’t lead in every area, but in eral agencies, which requires them to the Army has conducted a proper in- many areas in new emerging tech- provide public notice and comment for vestigation of the incidents at JBLM, is working to resolve any problems nology, depending on the field, of significant guidance documents. My that exist, and that Ms. Rooney will course, we are very proud of this Fed- amendment would essentially codify work to ensure that all servicemem- eral program, and it is an example of a this provision of President Bush’s Ex- bers receive the care and benefits they program that works. ecutive Order. have earned, I cannot allow Ms. Roo- If we could work as well as this pro- My third amendment helps out the ney’s nomination to proceed. gram does in doing our work this week ‘‘little guy’’ trying to navigate our in- Therefore, I will object to any unani- and getting this bill actually off the credibly complex and burdensome regu- mous consent agreement to consider floor intact—with some amendments, latory environment. So many small Ms. Rooney’s nomination. Thank you of course, that will be voted on—and businesses don’t have a lot of capital for your assistance in this important get it over to the House, let them do on hand. When a small business inad- matter. their work, and get this bill to the vertently runs afoul of a Federal regu- President’s desk, we will have done lation for the first time, that first pen- f some good work this week. alty could sink the business and all the ADDITIONAL STATEMENTS Mr. President, I am going to suggest jobs it supports. My amendment would the absence of a quorum. I don’t see provide access to SBA assistance to anyone else on the floor. There may be small businesses in a situation where TRIBUTE TO HAL TURNER Members who will want to come to they face a first-time, nonharmful pa- ∑ Ms. LANDRIEU. Mr. President, I talk about amendments. There will be perwork violation. It simply doesn’t have come to the Senate floor many nothing that will be pending for the make sense to me to punish small busi- times before to speak about the impor- next few hours, and hopefully we can nesses the first time they accidently tant role that Louisiana sheriffs play get an agreement later on tonight. fail to comply with paperwork require- in our State. Our sheriffs are unique The PRESIDING OFFICER (Mr. ments, so long as no harm comes from among their nationwide counterparts MERKLEY). The Senator from Maine. that failure. in three distinct ways: in that they Ms. COLLINS. Mr. President, unfor- Each of the provisions of these serve as the chief law enforcement offi- tunately, all too often it seems Federal amendments have been endorsed by the cer of the parish, the chief executive agencies do not take into account the National Federation of Independent officer of the parish court, and the offi- impacts to small businesses and job Business, NFIB, and the Small Busi- cial tax collector for their parishes. growth before imposing new rules and ness and Entrepreneurship Council. I This position, established in our State regulations. And so, I am introducing urge my colleagues to support these Constitution, gives our sheriffs a high- three amendments to the Small Busi- important amendments to our regu- ly influential and distinct position of ness Reauthorization bill to force Fed- latory system. power and responsibility. Today I have come to commemorate eral agencies to cut the redtape that f impedes job growth. one of our State’s most distinguished The first of my three amendments re- MORNING BUSINESS sheriffs, and a true leader within our quires Federal agencies to analyze the Ms. LANDRIEU. Mr. President, I ask law enforcement committee, Hal Turn- indirect costs of regulations, such as unanimous consent that the Senate er. Late last week, I learned that Hal, the impact on job creation, the cost of proceed to a period of morning busi- the executive director of the Louisiana energy, and consumer prices. ness, with Senators permitted to speak Sheriffs’ Association, LSA, will be re- Presently, Federal agencies are not therein for up to 10 minutes each. tiring at the end of March. He has required by statute to analyze the indi- The PRESIDING OFFICER (Mr. BEN- served in this important role since 2004, rect cost regulations can have on the NET). Without objection, it is so or- and is only the third individual to do public, such as higher energy costs, dered. so since the LSA’s inception in 1938. higher prices, and the impact on job f While I am sad to see him leave, I creation. However, Executive Order would like to take a moment to honor 12866, issued by President Clinton in NOMINATION HOLD Hal, his over 30 years of public service, 1993, obligates agencies to provide the Mr. WYDEN. Mr. President, last and the many contributions he made to Office of Information and Regulatory year, I was disappointed to hear that Louisiana. Affairs with an assessment of the indi- some members of the Oregon National Hal began his law enforcement career rect costs of proposed regulations. My Guard who were demobilizing at Joint in 1980 and rose through the ranks of amendment would essentially codify Base Lewis-McChord, JBLM, were not the Allen Parish Sheriff’s Office from this provision of President Clinton’s given access to all of the medical treat- patrol deputy to criminal investigator. Executive Order. ment to which they were entitled. Fur- From the beginning he knew that law My second amendment obligates Fed- ther, a document surfaced that showed enforcement was something he ‘‘want- eral agencies to comply with public no- that medical staff at the facility were ed to do,’’ but later in life he would

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A communication from the Under ter that engagement, Hal began men- the United States Postal Service located at Secretary of Defense (Personnel and Readi- toring youth as one of Louisiana’s first 12781 Sir Francis Drake Boulevard in Inver- ness), transmitting a report on the approved Drug Abuse Resistance Education— ness, California, as the ‘‘Specialist Jake Rob- retirement of Lieutenant General Thomas G. DARE—officers. To this day, that post ert Velloza Post Office’’. Miller, United States Army, and his advance- remains a source of great pride for him. The message also announced that the ment to the grade of lieutenant general on Hal’s passion for law enforcement House has agreed to the following con- the retired list; to the Committee on Armed and service fueled participation on nu- current resolution, in which it requests Services. merous LSA boards as well as the Lou- EC–885. A communication from the Under the concurrence of the Senate: Secretary of Defense (Personnel and Readi- isiana Commission on Law Enforce- H. Con. Res. 27. Concurrent resolution pro- ness), transmitting the report of (3) officers ment and Administration of Criminal viding for the acceptance of a statue of Ger- authorized to wear the insignia of the grade Justice. In 2001, Hal achieved the high- ald R. Ford from the people of Michigan for of brigadier general in accordance with title est honor awarded to a Louisiana sher- placement in the United States Capitol. 10, United States Code, section 777; to the iff—president of the LSA. Because of Committee on Armed Services. his effectiveness as a leader and con- At 3:54 p.m., a message from the EC–886. A communication from the Under tinued advocacy for the sheriffs, this House of Representatives, delivered by Secretary of Defense (Personnel and Readi- part-time role soon became a full-time Mr. Novotny, one of its reading clerks, ness), transmitting the report of (6) officers position. Hal took the helm as execu- announced that the House has passed authorized to wear the insignia of the grade the following joint resolution, in which of brigadier general in accordance with title tive director in 2004. 10, United States Code, section 777; to the As executive director, Hal ensured it requests the concurrence of the Sen- Committee on Armed Services. that the LSA was prepared for the ate: EC–887. A communication from the Under challenges of the 21st century. Some of H.J. Res. 48. Joint resolution making fur- Secretary of Defense (Policy), transmitting, his initiatives included the promotion ther continuing appropriations for fiscal pursuant to law, a report relative to Cooper- of the Sex Offenders Tracking Web- year 2011, and for other purposes. ative Threat Reduction Programs; to the Site, establishing Louisiana as one of The message also announced that the Committee on Armed Services. the first States to take advantage of EC–888. A communication from the Legal House has agreed to the following con- Information Assistant, Office of Thrift Su- this National Precursor Log Exchange, current resolution, in which it requests pervision, Department of the Treasury, NPLEx, and launching the Louisiana the concurrence of the Senate: transmitting, pursuant to law, the report of Methamphetamine Task Force, a H. Con. Res. 30. Concurrent resolution pro- a rule entitled ‘‘Community Reinvestment project I was proud to help Hal accom- viding for a conditional adjournment of the Act—Community Development’’ (RIN1550– plish. House of Representatives and a conditional AB48) received during adjournment of the During his tenure Hal and his sheriffs recess or adjournment of the Senate. Senate in the Office of the President of the Senate on March 11, 2011; to the Committee were tested in unprecedented ways, but f his dedication to agency coordination on Banking, Housing, and Urban Affairs. allowed the sheriffs to utilize their MEASURES REFERRED EC–889. A communication from the Legal Information Assistant, Office of Thrift Su- unique role as both law enforcement The following bill was read the first pervision, Department of the Treasury, and first responders throughout the and the second times by unanimous transmitting, pursuant to law, the report of State. This role was particular clear consent, and referred as indicated: a rule entitled ‘‘Personal Transactions in Se- during both hurricanes Katrina and H.R. 793. An act to designate the facility of curities’’ (RIN1550-AC16) received during ad- Rita. As my colleagues know, August the United States Postal Service located at journment of the Senate in the Office of the 2005 saw the worst natural disaster in 12781 Sir Francis Drake Boulevard in Inver- President of the Senate on March 11, 2011; to the gulf coast’s history. For me, the re- ness, California, as the ‘‘Specialist Jake Rob- the Committee on Banking, Housing, and sponse to these disasters revealed the ert Velloza Post Office’’, to the Committee Urban Affairs. EC–890. A communication from the Legal depth of Hal’s character. Even under on Homeland Security and Governmental Af- fairs. Information Assistant, Office of Thrift Su- the most difficult of circumstances, he pervision, Department of the Treasury, responded calmly, and continued to f transmitting, pursuant to law, the report of work for the people of Louisiana. Hal’s MEASURES READ THE FIRST TIME a rule entitled ‘‘Stock Benefit Plans in Mu- unfailing support during these disas- tual-to-Stock Conversions and Mutual Hold- ters, and his efforts to coordinate with The following joint resolution was ing Company Structures’’ (RIN1550–AC07) re- State and local law enforcement made read the first time: ceived during adjournment of the Senate in our State’s response measures as effec- H.J. Res. 48. Joint resolution making fur- the Office of the President of the Senate on tive as those circumstances would per- ther continuing appropriations for fiscal March 11, 2011; to the Committee on Bank- year 2011, and for other puropses. ing, Housing, and Urban Affairs. mit. EC–891. A communication from the Legal I could go on and on about Hal: from f Information Assistant, Office of Thrift Su- his efforts during other hurricanes to pervision, Department of the Treasury, his work during catastrophic oilspills EXECUTIVE AND OTHER transmitting, pursuant to law, the report of in the Gulf of Mexico. However, I know COMMUNICATIONS a rule entitled ‘‘Permissible Activities of that I could never fully express what The following communications were Savings and Loan Holding Companies’’ Hal has done for the people of Lou- laid before the Senate, together with (RIN1550–AC10) received during adjournment isiana. Hal will always be remembered accompanying papers, reports, and doc- of the Senate in the Office of the President as the reliable voice of fortitude for of the Senate on March 11, 2011; to the Com- uments, and were referred as indicated: mittee on Banking, Housing, and Urban Af- and on the behalf of the Louisiana EC–882. A communication from the Sec- fairs. sheriffs. We will surely miss him but retary of the Commission, Commodity Fu- EC–892. A communication from the Legal can take great comfort knowing that tures Trading Commission, transmitting, Information Assistant, Office of Thrift Su- his wonderful wife Kathy and five pursuant to law, the report of a rule entitled pervision, Department of the Treasury, grandchildren will be spending more ‘‘Reporting Certain Post-Enactment Swap transmitting, pursuant to law, the report of time with their ‘‘Paw Paw.’’ I wish my Transactions’’ ((17 CFR Part 44)(RIN3038– a rule entitled ‘‘Prohibited Service at Sav- friend all the best in his retirement AD29)) received during adjournment of the ings and Loan Holding Companies’’ (RIN1550– and thank him for his steadfast duty to Senate in the Office of the President of the AC14) received during adjournment of the ∑ Senate on March 11, 2011; to the Committee Senate in the Office of the President of the our great State. on Agriculture, Nutrition, and Forestry. Senate on March 11, 2011; to the Committee f EC–883. A communication from the Direc- on Banking, Housing, and Urban Affairs. MESSAGES FROM THE HOUSE tor of Defense Procurement and Acquisition EC–893. A communication from the Legal Policy, Department of Defense, transmit- Information Assistant, Office of Thrift Su- At 10:35 a.m., a message from the ting, pursuant to law, the report of a rule en- pervision, Department of the Treasury, House of Representatives, delivered by titled ‘‘Defense Federal Acquisition Regula- transmitting, pursuant to law, the report of

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A communication from the Chair- the certification of a proposed manufac- ant General Counsel, General Law, Ethics, man of the Merit Systems Protection Board, turing license agreement for the export of and Regulation, Department of the Treasury, transmitting, pursuant to law, a report enti- defense articles, to include technical data, transmitting, pursuant to law, a report rel- tled ‘‘Making the Right Connections: Tar- and defense services to the Commonwealth ative to a vacancy announcement in the po- geting the Best Competencies for Training’’; of Australia for the manufacture, assembly, sition of Under Secretary (Terrorism and Fi- to the Committee on Homeland Security and testing, qualification, maintenance and re- nancial Crimes), received during adjourn- Governmental Affairs. pair of military aiming lasers, infrared ment of the Senate in the Office of the Presi- EC–905. A communication from the Chair- illuminators, and associated military elec- dent of the Senate on March 11, 2011; to the man of the Consumer Product Safety Com- tronics; to the Committee on Foreign Rela- Committee on Banking, Housing, and Urban mission, transmitting, pursuant to law, the tions. Affairs. Commission’s Fiscal Year 2010 Annual Per- EC–915. A communication from the Acting EC–895. A communication from the Chair- formance and Accountability Report; to the Assistant Secretary, Bureau of Legislative man and President of the Export-Import Committee on Homeland Security and Gov- Affairs, Department of State, transmitting, Bank, transmitting, pursuant to law, a re- ernmental Affairs. pursuant to the Arms Export Control Act, port relative to transactions involving U.S. EC–906. A communication from the Chair- the certification of a proposed manufac- exports to Ireland; to the Committee on man of the National Capital Planning Com- turing license agreement for the export of Banking, Housing, and Urban Affairs. mission, transmitting, pursuant to law, the defense articles, to include technical data, EC–896. A communication from the Chair- Commission’s Performance and Account- and defense services to Japan for the manu- man and President of the Export-Import ability Report for fiscal year 2010; to the facture and support of the KD2R-5 Aerial Bank, transmitting, pursuant to law, the Committee on Homeland Security and Gov- Target System Program for the Japanese Bank’s 2010 Annual Report; to the Com- ernmental Affairs. Ministry of Defense in the amount of mittee on Banking, Housing, and Urban Af- EC–907. A communication from the Chair- $100,000,000 or more; to the Committee on fairs. man, Federal Labor Relations Authority, Foreign Relations. EC–897. A communication from the Pro- transmitting, pursuant to law, the f gram Manager, Centers for Medicare and Authority’s Fiscal Year 2010 Performance Medicaid Services, Department of Health and Accountability Report; to the Com- PETITIONS AND MEMORIALS and Human Services, transmitting, pursuant mittee on Homeland Security and Govern- The following petition or memorial to law, the report of a rule entitled ‘‘Medi- mental Affairs. was laid before the Senate and was re- care Program; Revisions to the Reductions EC–908. A communication from the Direc- ferred or ordered to lie on the table as and Increases to Hospitals’ FTE Resident tor, Administrative Office of the United indicated: Caps for Graduate Medical Education Pay- States Courts, transmitting, pursuant to POM–5. A resolution adopted by the House ment Purposes’’ (RIN0938–AQ92) received in law, a report relative to a one-year extension of Representatives of the State of Michigan the Office of the President of the Senate on of the District of Arizona’s declaration of a urging the Congress of the United States to March 14, 2011; to the Committee on Finance. judicial emergency; to the Committee on the EC–898. A communication from the Chief of Judiciary. take steps to insure that the Wall Street Re- the Trade and Commercial Regulations EC–909. A communication from the Direc- form and Consumer Protection Act does not Branch, Customs and Border Protection, De- tor, Administrative Office of the United result in increased fees on consumers at ex- partment of Homeland Security, transmit- States Courts, transmitting, pursuant to empted institutions; to the Committee on ting, pursuant to law, the report of a rule en- law, a report entitled ‘‘Report of the Pro- Banking, Housing, and Urban Affairs. titled ‘‘Extension of Import Restrictions Im- ceedings of the Judicial Conference of the HOUSE RESOLUTION NO. 21 posed on Certain Archaeological and Ethno- United States’’ for the September 2010 ses- Whereas, under certain provisions (section logical Materials from Colombia’’ (RIN1515– sion; to the Committee on the Judiciary. 1075) of the Wall Street Reform and Con- AD73) received during adjournment of the EC–910. A communication from the Deputy sumer Protection Act (Public Law No. 111– Senate in the Office of the President of the General Counsel, Office of Surety Guaran- 203), the Federal Reserve Board is required to Senate on March 11, 2011; to the Committee tees, Small Business Administration, trans- issue regulations that would provide for rea- on Finance. mitting, pursuant to law, the report of a rule sonable interchange transaction fees for EC–899. A communication from the Chief of entitled ‘‘Surety Bond Guarantee Program; electronic debit transactions and place limi- the Trade and Commercial Regulations Disaster and Miscellaneous Amendments’’ tations on payment card network restric- Branch, Customs and Border Protection, De- (RIN3245–AF77) received during adjournment tions; and partment of Homeland Security, transmit- of the Senate in the Office of the President Whereas, in drafting Section 1075, Congress ting, pursuant to law, the report of a rule en- of the Senate on March 11, 2011; to the Com- included language to exempt small issuers titled ‘‘Country of Origin of Textile and Ap- mittee on Small Business and Entrepreneur- from this provision, defining small institu- parel Products’’ (RIN1515–AD57) received ship. tions as those ‘‘with less than $10 billion in during adjournment of the Senate in the Of- EC–911. A communication from the Direc- total assets.’’ Small issuers rely on debit fice of the President of the Senate on March tor of the Regulations Management Office of interchange fees to provide free checking 14, 2011; to the Committee on Finance. the General Counsel, Office of Public and services to their customers and to cover EC–900. A communication from the Deputy Intergovernmental Affairs, Department of costs associated with fraud prevention and Chief Human Capital Officer, Department of Veterans Affairs, transmitting, pursuant to data security. If these costs were not fully Energy, transmitting, pursuant to law, the law, the report of a rule entitled ‘‘U.S. recoverable, small issuers would be unable to Department’s third and final report on the Paralympics Monthly Assistance Allowance’’ offer debit services to their customers, and category rating system; to the Committee on (RIN2900–AN43) received in the Office of the the result could be decreased consumer Homeland Security and Governmental Af- President of the Senate on March 15, 2011; to choice and higher fees. Because of these con- fairs. the Committee on Veterans’ Affairs. cerns, Congress specifically exempted those EC–901. A communication from the Chair- EC–912. A communication from the Sec- institutions with less than $10 billion in as- man of the Occupational Safety and Health retary of the Treasury, transmitting, pursu- sets; and Review Commission, transmitting, pursuant ant to Executive Order 13313 of July 31, 2003, Whereas, the Federal Reserve Board’s cur- to law, the Commission’s Buy American Act the semiannual report detailing payments rent debit interchange fee regulatory pro- Report for fiscal year 2010; to the Committee made to Cuba as a result of the provision of posal (Docket No. R–1404) could lead to the on Homeland Security and Governmental Af- telecommunications services pursuant to De- unintended consequences of increasing costs fairs. partment of the Treasury specific licenses; on consumers and limiting consumer choice. EC–902. A communication from the Senior to the Committee on Foreign Relations. The proposal does not include any provision Counsel for Regulatory Affairs, Depart- EC–913. A communication from the Acting designed to enforce the carve-out for small mental Offices, Department of the Treasury, Assistant Secretary, Bureau of Legislative issuers. It is incumbent on Congress to re- transmitting, pursuant to law, the report of Affairs, Department of State, transmitting, visit this issue and help insure that these a rule entitled ‘‘Garnishment of Accounts pursuant to the Arms Export Control Act, regulations do not ultimately result in less Containing Federal Benefit Payments’’ the certification of a proposed technical as- choice and higher costs for consumers: Now, (RIN1505–AC20) received in the Office of the sistance agreement for the export of defense therefore, be it President of the Senate on March 10, 2011; to articles, to include technical data, and de- Resolved by the House of Representatives, the Committee on Homeland Security and fense services to Singapore related to the That we urge Congress to stop or delay the Governmental Affairs. sale of one G550 aircraft modified with a implementation of Section 1075 so that stat- EC–903. A communication from the Admin- military TACAN beacon system and an AN/ utory changes can be made to ensure institu- istrator of the National Aeronautics and ARC-210 VHF/UHF radio in the amount of tions with less than $10 billion in assets are

VerDate Mar 15 2010 02:35 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.040 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1676 CONGRESSIONAL RECORD — SENATE March 15, 2011 exempted without consequence in order to Whittington, which nominations were re- INTRODUCTION OF BILLS AND ensure Section 1075 does not result in in- ceived by the Senate and appeared in the JOINT RESOLUTIONS creased fees on consumers at exempted insti- Congressional Record on February 28, 2011. tutions; and be it further Army nominations beginning with Lee A. The following bills and joint resolu- Resolved, That copies of this resolution be Burnett and ending with Robert A. Marsh, tions were introduced, read the first transmitted to the President of the United which nominations were received by the Sen- and second times by unanimous con- States Senate, the Speaker of the United ate and appeared in the Congressional sent, and referred as indicated: States House of Representatives, and the Record on February 28, 2011. By Mr. MCCAIN (for himself and Mr. members of the Michigan congressional dele- Army nominations beginning with Ken- RUBIO): gation. neth P. Donnelly and ending with Richard J. S. 574. A bill to amend the Internal Rev- Vanarnam, Jr., which nominations were re- f enue Code of 1986 to allow individuals to des- ceived by the Senate and appeared in the ignate that up to 10 percent of their income EXECUTIVE REPORTS OF Congressional Record on February 28, 2011. tax liability be used to reduce the national COMMITTEE Army nominations beginning with Kevin J. debt, and to require spending reductions The following executive reports of Mccann and ending with Gordon E. Vincent, equal to the amounts so designated; to the which nominations were received by the Sen- nominations were submitted: Committee on Finance. ate and appeared in the Congressional By Mr. TESTER (for himself, Mr. By Mr. LEVIN for the Committee on Record on February 28, 2011. CORKER, Mr. CARPER, Mr. ROBERTS, Armed Services. Army nominations beginning with John S. Mr. COONS, Mr. LEE, Mr. NELSON of *Michael Vickers, of Virginia, to be Under Kuttas and ending with Wesley G. White, Nebraska, Mr. KYL, Mr. TOOMEY, Mr. Secretary of Defense for Intelligence. which nominations were received by the Sen- THUNE, and Mr. COBURN): *Jo Ann Rooney, of Massachusetts, to be ate and appeared in the Congressional S. 575. A bill to study the market and ap- Principal Deputy Under Secretary of Defense Record on February 28, 2011. for Personnel and Readiness. propriate regulatory structure for electronic Army nomination of Nicole K. Avci, to be debit card transactions, and for other pur- Army nomination of Lt. Gen. Purl K. Keen, Major. to be Lieutenant General. poses; to the Committee on Banking, Hous- Army nomination of Edmond K. Safarian, ing, and Urban Affairs. Army nomination of Gen. Martin E. to be Major. Dempsey, to be General. By Mr. HARKIN: Army nominations beginning with Charles Army nomination of Maj. Gen. Joseph L. S. 576. A bill to amend the Elementary and L. Clark and ending with Russell D. Taylor, Votel, to be Lieutenant General. Secondary Education Act of 1965 to improve which nominations were received by the Sen- Army nomination of Brig. Gen. Donald L. standards for physical education; to the ate and appeared in the Congressional Rutherford, to be Major General. Committee on Health, Education, Labor, and Record on March 4, 2011. Army nomination of Maj. Gen. Donald M. Pensions. Campbell, Jr., to be Lieutenant General. Army nominations beginning with Erik M. By Mr. VITTER: Marine Corps nomination of Maj. Gen. Benda and ending with Seth D. Middleton, S. 577. A bill to amend the Internal Rev- Thomas L. Conant, to be Lieutenant Gen- which nominations were received by the Sen- enue Code of 1986 to clarify eligibility for the eral. ate and appeared in the Congressional child tax credit; to the Committee on Fi- Marine Corps nomination of Lt. Gen. John Record on March 9, 2011. nance. F. Kelly, to be Lieutenant General. Army nominations beginning with Kevin By Mr. LAUTENBERG (for himself, Navy nomination of Rear Adm. James P. B. Dennehy and ending with Gregory A. Mr. FRANKEN, Mr. SANDERS, Mr. Wisecup, to be Vice Admiral. Thingvold, which nominations were received BEGICH, Mr. WYDEN, Mr. WHITEHOUSE, Navy nomination of Vice Adm. Joseph D. by the Senate and appeared in the Congres- Mr. KERRY, and Mrs. MURRAY): sional Record on March 9, 2011. Kernan, to be Vice Admiral. S. 578. A bill to amend title V of the Social Mr. LEVIN. Mr. President, for the Marine Corps nomination of Daniel A. Si- Security Act to eliminate the abstinence- erra, to be Major. Committee on Armed Services I report only education program; to the Committee Marine Corps nomination of Jeffrey S. on Finance. favorably the following nomination Forbes, to be Lieutenant Colonel. lists which were printed in the By Mr. LAUTENBERG: Navy nominations beginning with Garry S. 579. A bill to amend title 10, United RECORDS on the dates indicated, and W. Lambert and ending with Bryan P. Ras- States Code, to direct the Secretary of De- ask unanimous consent, to save the ex- mussen, which nominations were received by fense to provide members of the Individual pense of reprinting on the Executive the Senate and appeared in the Congres- Ready Reserve, Individual Mobilization Calendar that these nominations lie at sional Record on February 14, 2011. Augmentees, and inactive members of the the Secretary’s desk for the informa- Navy nominations beginning with Karin E. National Guard who served in Afghanistan or tion of Senators. Thomas and ending with Leslie A. Waldman, Iraq with information on counseling to pre- The PRESIDING OFFICER. Without which nominations were received by the Sen- vent suicide, and for other purposes; to the objection, it is so ordered. ate and appeared in the Congressional Committee on Armed Services. Record on February 14, 2011. By Ms. KLOBUCHAR (for herself, Mr. Air Force nominations beginning with Navy nomination of Daniel A. Freilich, to LUGAR, and Mr. NELSON of Nebraska): David Lewis Buttrick and ending with be Captain. Theadore L. Wilson, which nominations were S. 580. A bill to amend the Environmental Navy nominations beginning with Richard received by the Senate and appeared in the Research, Development, and Demonstration T. Grossart and ending with Andrew G. Congressional Record on February 28, 2011. Authorization Act of 1978 to require the ap- Mortimer, which nominations were received Air Force nominations beginning with pointment of a member of the Science Advi- by the Senate and appeared in the Congres- Martin D. Adamson and ending with John sory Board based on the recommendation of sional Record on March 4, 2011. Marion Von Almen, which nominations were the Secretary of Agriculture; to the Com- Navy nominations beginning with John A. received by the Senate and appeared in the mittee on Environment and Public Works. Salvato and ending with Jay A. Ferns, which Congressional Record on February 28, 2011. By Mr. BURR (for himself and Mr. nominations were received by the Senate and Air Force nominations beginning with ENZI): appeared in the Congressional Record on Christian R. Schlicht and ending with S. 581. A bill to amend the Child Care and March 4, 2011. Kamekea C. Willis, which nominations were Development Block Grant Act of 1990 to re- received by the Senate and appeared in the Navy nomination of Brandon M. Oberling, quire criminal background checks for child Congressional Record on March 4, 2011. to be Lieutenant Commander. care providers; to the Committee on Health, Army nomination of Stacy J. Taylor, to be Navy nominations beginning with William Education, Labor, and Pensions. Major. A. Brown, Jr. and ending with Harpreet By Mr. SANDERS (for himself, Mr. Army nominations beginning with Singh, which nominations were received by AKAKA, Mr. WHITEHOUSE, Mr. BROWN Temidayo L. Anderson and ending with Allen the Senate and appeared in the Congres- of Ohio, Ms. MIKULSKI, Mrs. BOXER, P. Zent, which nominations were received by sional Record on March 9, 2011. Ms. STABENOW, Mr. BEGICH, Mr. the Senate and appeared in the Congres- *Nomination was reported with rec- BLUMENTHAL, and Mr. LAUTENBERG): sional Record on February 16, 2011. ommendation that it be confirmed sub- S. 582. A bill to establish a point of order Army nomination of Paul L. Robson, to be ject to the nominee’s commitment to against any efforts to reduce benefits paid to Major. Social Security recipients, raise the retire- Army nomination of Brian M. Boyce, to be respond to requests to appear and tes- ment age, or create private retirement ac- Major. tify before any duly constituted com- counts under title II of the Social Security Army nomination of Jan I. Maby, to be mittee of the Senate. Act; to the Committee on Rules and Admin- Lieutenant Colonel. (Nominations without an asterisk were re- istration. Army nominations beginning with Jason ported with the recommendation that they By Ms. MIKULSKI (for herself and Mr. K. Burgman and ending with Cody D. be confirmed.) INOUYE):

VerDate Mar 15 2010 03:18 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.046 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1677 S. 583. A bill to amend title XVIII of the ADDITIONAL COSPONSORS was added as a cosponsor of S. 489, a Social Security Act to permit direct pay- S. 102 bill to require certain mortgagees to ment under the Medicare program for clin- At the request of Mr. MCCAIN, the evaluate loans for modifications, to es- ical social worker services provided to resi- tablish a grant program for State and dents of skilled nursing facilities; to the name of the Senator from Maine (Ms. Committee on Finance. SNOWE) was added as a cosponsor of S. local government mediation programs, By Ms. MIKULSKI (for herself, Mr. 102, a bill to provide an optional fast- and for other purposes. CARDIN, Mr. BEGICH, and Mr. INOUYE): track procedure the President may use S. 509 S. 584. A bill to establish the Social Work when submitting rescission requests, At the request of Mr. UDALL of Colo- Reinvestment Commission to provide inde- and for other purposes. rado, the name of the Senator from pendent counsel to Congress and the Sec- S. 244 Vermont (Mr. SANDERS) was added as a retary of Health and Human Services on pol- icy issues associated with recruitment, re- At the request of Mr. BARRASSO, the cosponsor of S. 509, a bill to amend the tention, research, and reinvestment in the name of the Senator from Oklahoma Federal Credit Union Act, to advance profession of social work, and for other pur- (Mr. INHOFE) was added as a cosponsor the ability of credit unions to promote poses; to the Committee on Health, Edu- of S. 244, a bill to enable States to opt small business growth and economic cation, Labor, and Pensions. out of certain provisions of the Patient development opportunities, and for By Mr. NELSON of Nebraska (for him- Protection and Affordable Care Act. other purposes. self, Mr. KERRY, Mr. BROWN of Ohio, S. 274 S. 520 Mr. UDALL of Colorado, Ms. MIKUL- At the request of Mrs. HAGAN, the At the request of Mr. COBURN, the SKI, Mr. COONS, and Mr. DURBIN): name of the Senator from Minnesota S. 585. A bill to authorize the Secretary of names of the Senator from Tennessee Education to award grants for the support of (Ms. KLOBUCHAR) was added as a co- (Mr. CORKER), the Senator from Maine full-service community schools, and for sponsor of S. 274, a bill to amend title (Ms. COLLINS), the Senator from Maine other purposes; to the Committee on Health, XVIII of the Social Security Act to ex- (Ms. SNOWE) and the Senator from Ne- Education, Labor, and Pensions. pand access to medication therapy vada (Mr. ENSIGN) were added as co- By Mr. GRASSLEY (for himself and management services under the Medi- sponsors of S. 520, a bill to repeal the Mrs. MCCASKILL): care prescription drug program. Volumetric Ethanol Excise Tax Credit. S. 586. A bill to amend the Congressional S. 325 S. 530 Accountability Act of 1995 to apply whistle- At the request of Mrs. MURRAY, the blower protections available to certain exec- name of the Senator from Delaware At the request of Mrs. FEINSTEIN, the utive branch employees to legislative branch name of the Senator from Maine (Ms. (Mr. COONS) was added as a cosponsor employees, and for other purposes; to the COLLINS) was added as a cosponsor of S. Committee on Homeland Security and Gov- of S. 325, a bill to amend title 10, United States Code, to require the pro- 530, a bill to modify certain subsidies ernmental Affairs. for ethanol production, and for other By Mr. CASEY (for himself, Mr. SCHU- vision of behavioral health services to MER, Mrs. FEINSTEIN, Mrs. members of the reserve components of purposes. GILLIBRAND, Mr. LAUTENBERG, Mr. the Armed Forces necessary to meet S. 555 WHITEHOUSE, Mr. SANDERS, and Mr. pre-deployment and post-deployment At the request of Mr. FRANKEN, the CARDIN): readiness and fitness standards, and for name of the Senator from California S. 587. A bill to amend the Safe Drinking other purposes. (Mrs. FEINSTEIN) was added as a co- Water Act to repeal a certain exemption for S. 362 sponsor of S. 555, a bill to end discrimi- hydraulic fracturing, and for other purposes; to the Committee on Environment and Pub- At the request of Mr. WHITEHOUSE, nation based on actual or perceived lic Works. the name of the Senator from Min- sexual orientation or gender identity By Mr. CASEY: nesota (Mr. FRANKEN) was added as a in public schools, and for other pur- S. 588. A bill to amend the Workforce In- cosponsor of S. 362, a bill to amend the poses. vestment Act of 1998, to authorize a national Public Health Service Act to provide S. 565 grant program for on-the-job training; to the for a Pancreatic Cancer Initiative, and At the request of Mr. KERRY, the Committee on Health, Education, Labor, and for other purposes. Pensions. name of the Senator from New York S. 376 By Mr. CASEY: (Mrs. GILLIBRAND) was added as a co- S. 589. A bill to provide for an expedited re- At the request of Mr. COBURN, the sponsor of S. 565, a bill to establish an sponse to emergencies related to oil or gas name of the Senator from Georgia (Mr. employment-based immigrant visa for production or storage; to the Committee on ISAKSON) was added as a cosponsor of S. alien entrepreneurs who have received Health, Education, Labor, and Pensions. 376, a bill to amend title 5, United significant capital from investors to By Mr. BINGAMAN (for himself and States Code, to provide that persons establish a business in the United Ms. MURKOWSKI) (by request): having seriously delinquent tax debts States. S. 590. A bill to convey certain submerged shall be ineligible for Federal employ- S. 570 lands to the Commonwealth of the Northern ment. Mariana Islands in order to give that terri- At the request of Mr. TESTER, the S. 398 tory the same benefits in its submerged names of the Senator from Wyoming At the request of Mr. BINGAMAN, the lands as Guam, the Virgin Islands, and (Mr. ENZI) and the Senator from Lou- name of the Senator from California American Samoa have in their submerged isiana (Mr. VITTER) were added as co- (Mrs. FEINSTEIN) was added as a co- lands; to the Committee on Energy and Nat- sponsors of S. 570, a bill to prohibit the ural Resources. sponsor of S. 398, a bill to amend the Department of Justice from tracking By Mr. BROWN of Ohio (for himself, Energy Policy and Conservation Act to and cataloguing the purchases of mul- Ms. STABENOW, Ms. CANTWELL, Mr. improve energy efficiency of certain CASEY, and Mr. MERKLEY): appliances and equipment, and for tiple rifles and shotguns. S. 591. A bill to amend the Internal Rev- other purposes. S. CON. RES. 4 enue Code of 1986 to extend the qualifying S. 437 At the request of Mr. SCHUMER, the advanced energy project credit; to the Com- name of the Senator from Pennsyl- mittee on Finance. At the request of Mr. NELSON of Flor- ida, the name of the Senator from vania (Mr. CASEY) was added as a co- f Alaska (Ms. MURKOWSKI) was added as sponsor of S. Con. Res. 4, a concurrent a cosponsor of S. 437, a bill to amend resolution expressing the sense of Con- SUBMISSION OF CONCURRENT AND the Internal Revenue Code of 1986 to re- gress that an appropriate site on Chap- SENATE RESOLUTIONS quire the Secretary of the Treasury to lains Hill in Arlington National Ceme- tery should be provided for a memorial The following concurrent resolutions provide each individual taxpayer a re- marker to honor the memory of the and Senate resolutions were read, and ceipt for an income tax payment which Jewish chaplains who died while on ac- referred (or acted upon), as indicated: itemizes the portion of the payment which is allocable to various Govern- tive duty in the Armed Forces of the By Mr. MCCAIN: United States. S. Res. 102. A resolution calling for a no-fly ment spending categories. zone and the recognition of the Transitional S. 489 S. CON. RES. 7 National Council in Libya; to the Committee At the request of Mr. REED, the name At the request of Mr. BARRASSO, the on Foreign Relations. of the Senator from Ohio (Mr. BROWN) name of the Senator from Arkansas

VerDate Mar 15 2010 03:18 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.051 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1678 CONGRESSIONAL RECORD — SENATE March 15, 2011 (Mr. BOOZMAN) was added as a cospon- for the entire school year for all stu- must do all that we can to ensure they sor of S. Con. Res. 7, a concurrent reso- dents. Let me repeat that, fewer than are in school and ready to learn. lution supporting the Local Radio 10 percent. Our kids deserve better. Re- This legislation will ensure that par- Freedom Act. search has shown that physical edu- ents receive critical information re- S. RES. 51 cation not only promotes health and garding the time and resources devoted At the request of Mr. MENENDEZ, the wellness, it also has a direct correla- to their children for a quality physical name of the Senator from West Vir- tion with kids’ academic performance education. Specifically, the bill will re- ginia (Mr. MANCHIN) was added as a co- in school. quire schools, local educational agen- sponsor of S. Res. 51, a resolution rec- The FIT Kids Act would amend the cies, and state educational agencies to ognizing the 190th anniversary of the Elementary and Secondary Education publicly report on the quantity and independence of Greece and celebrating Act to shine a light on the availability quality of physical education courses Greek and American democracy. of quality physical education for all provided using nationally recognized public school children through grade guidelines and standards. This will give S. RES. 80 12, and to ensure they receive impor- parents the information they need to At the request of Mr. KIRK, the name tant health and nutritional informa- assess whether their children are re- of the Senator from Ohio (Mr. BROWN) tion. As Chairman of the Senate ceiving an appropriate physical edu- was added as a cosponsor of S. Res. 80, Health, Education, Labor and Pensions cation. Furthermore, the FIT Kids Act a resolution condemning the Govern- Committee, I have been working in a would give parents the tools necessary ment of Iran for its state-sponsored bipartisan way with my colleagues on to encourage and support a healthy and persecution of its Baha’i minority and the committee to reauthorize the Ele- active lifestyle, including increased its continued violation of the Inter- mentary and Secondary Education Act. physical activity during and outside national Covenants on Human Rights. With the reauthorization of the Ele- the school day, and nutritious eating S. RES. 87 mentary and Secondary Education Act, habits both at home and at school. At the request of Mr. THUNE, his we must fix the things that are not In addition, the bill promotes profes- name was added as a cosponsor of S. working, while protecting the goals of sional development for teachers and Res. 87, a resolution designating the the bill, including narrowing achieve- school principals to promote healthy year of 2012 as the ‘‘International Year ment gaps. It is truly alarming to see lifestyles and physical activity through of Cooperatives’’. the discrepancies in achievement be- evidence-based curricula, and thereby S. RES. 94 tween children in the United States boost students’ ability to learn more At the request of Mr. WICKER, the and children abroad. Here in the U.S., effectively. The bill also promotes name of the Senator from Oregon (Mr. despite making some progress, we con- physical activity in after-school pro- MERKLEY) was added as a cosponsor of tinue to have wide and persistent grams and amends the school coun- S. Res. 94, a resolution to express the achievement gaps that are leaving be- seling program to take into account sense of the Senate in support of reduc- hind children of color, young people both students’ emotional wellbeing and ing its budget by at least 5 percent. from disadvantaged backgrounds, and their physical wellbeing. AMENDMENT NO. 161 children with disabilities. Finally, this legislation authorizes At the request of Mr. JOHANNS, the In addition to achievement gaps, I research on the ways physical activity name of the Senator from Massachu- am also concerned about the trends in can be incorporated into all aspects of setts (Mr. BROWN) was added as a co- physical education in schools across the school day, the impact of physical sponsor of amendment No. 161 proposed the Nation. Currently, schools are de- activity on students’ readiness to to S. 493, a bill to reauthorize and im- creasing the amount of free play or learn, and the best ways to measure prove the SBIR and STTR programs, physical activity that children engage student progress in increasing physical and for other purposes. in during school hours. Only about one- activity. The FIT Kids Act shines a spotlight f third of elementary children have daily physical education, and less than one- on children’s health and how our STATEMENTS ON INTRODUCED fifth have extracurricular physical ac- schools can play a greater role in BILLS AND JOINT RESOLUTIONS tivity programs at their schools. I teaching our children healthy behav- By Mr. HARKIN: know that difficult resource decisions iors. As we move forward in reauthor- S. 576. A bill to amend the Elemen- have to be made but we cannot short- izing the Elementary and Secondary tary and Secondary Education Act of change our children’s health. This is Education Act, we cannot neglect the 1965 to improve standards for physical short-sighted for two big reasons: One, importance of proper physical edu- education; to the Committee on we are fighting a childhood obesity epi- cation. We know that sedentary life- Health, Education, Labor, and Pen- demic of frightening proportions. And, styles that begin in childhood can lead sions. two, as research shows, and as any to number of major chronic diseases Mr. HARKIN. Mr. President, today I teacher or parent knows, kids have to that affect their health and wellbeing am introducing the FIT Kids Act. That have time to play and burn off energy in adulthood. Accordingly, we owe it to first word, FIT, an acronym for Fitness if they are going to be in a proper American students to teach them Integrated with Teaching, an impor- frame of mind to learn. healthy behaviors and the importance tant concept that I am proud to pro- The association between physical ac- of physical activity, and how these les- mote today. The FIT Kids Act encour- tivity and academic achievement is an sons will benefit them throughout ages schools to provide children with important part of why we need to con- their lives. The FIT Kids Act provides quality physical education in an effort tinue to support physical education. the framework to accomplish this. I to promote health and wellness Broad evidence suggests a positive re- urge my colleagues to support this bill. throughout their lives. lationship between physical activity Mr. President, I ask unanimous con- Since the 1970s, the incidence of obe- and grade point average, rate of learn- sent that the text of the bill be printed sity has more than doubled for pre- ing, memory, attention span, and class- in the RECORD. school children aged 2–5 years and for room behavior, as well as cognitive, so- There being no objection, the text of young people aged 12–19 years; for chil- cial, and motor skill development. Re- the bill was ordered to be printed in dren aged 6–11 years, it has more than search indicates that youth who report the RECORD, as follows: tripled. Since there are many reasons engaging in physical activity at school S. 576 for this public health crisis, we know are 20 percent more likely than their Be it enacted by the Senate and House of Rep- that addressing it will require multiple less active peers to earn good grades in resentatives of the United States of America in solutions. An important place we can math or English. Furthermore, data Congress assembled, SECTION 1. SHORT TITLE. address childhood obesity is in our suggests that children who are over- This Act may be cited as the ‘‘Fitness Inte- schools. The Centers for Disease Con- weight have greater risk for school ab- grated with Teaching Kids Act’’ or the ‘‘FIT trol and Prevention has found that senteeism than their peers who are av- Kids Act’’. fewer than 10 percent of our public erage weight. In order for our Nation’s SEC. 2. FINDINGS. schools offer daily physical education children to be successful students, we Congress makes the following findings:

VerDate Mar 15 2010 03:18 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.045 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1679 (1) Childhood obesity has reached epidemic ‘‘(ix) the amount of time students spend in (A) in subsection (a)(2), by inserting ‘‘nu- proportions in the United States. required physical education as measured trition education programs, structured phys- (2) Obesity-related diseases cost the United against the national standards of 150 min- ical activity programs,’’ after ‘‘recreation States economy more than $117,000,000,000 utes per week of required physical education programs,’’; and every year. for students in elementary school and 225 (B) in subsection (b)(1)(A), by inserting (3) The prevalence of overweight in chil- minutes per week of required physical edu- ‘‘nutrition education, structured physical ac- dren between the ages of 6 and 11 years in- cation for students in middle school and sec- tivity,’’ after ‘‘recreation,’’. creased from 4.0 percent in 1971–1974 to 17.5 ondary school; (2) LOCAL COMPETITIVE GRANT PROGRAM.— percent in 2001–2004, and the prevalence of ‘‘(x) the percentage of local educational Section 4204(b)(2) of the Elementary and Sec- overweight in adolescents between the ages agencies in the State that have a required, ondary Education Act of 1965 (20 U.S.C. of 12 and 19 years increased from 6.1 percent age-appropriate physical education cur- 7174(b)(2))— to 17.0 percent. riculum for all students in elementary (A) in subparagraph (M), by striking ‘‘and’’ (4) More than 9,000,000 children and adoles- schools, middle schools, and secondary after the semicolon; cents between the ages of 6 and 19 years are schools that adheres to national guidelines (B) by redesignating subparagraph (N) as considered overweight on the basis of being adopted by the Centers for Disease Control subparagraph (O); and in the 95th percentile or higher of BMI val- and Prevention and State standards; (C) by inserting after subparagraph (M) the ues in the 2000 CDC growth chart for the ‘‘(xi) the percentage of elementary school following: United States. and secondary school physical education ‘‘(N) an assurance that the proposed pro- (5) If children do not become more active teachers who are State licensed or certified gram is coordinated with the physical edu- and healthy, one-third of all children born in as physical education teachers; and cation and health education programs of- 2000 or later will suffer from diabetes at ‘‘(xii) the percentage of schools that have a fered during the school day; and’’. some point in their lives. School Health Council that includes parents, (3) LOCAL ACTIVITIES.—Section 4205(a) of (6) Of all United States deaths from major students, representatives of the school food the Elementary and Secondary Education chronic disease, 23 percent are linked to sed- authority, representatives of the school Act of 1965 (20 U.S.C. 7175(a))— entary lifestyles that now begin at child- board, school administrators and members of (A) in paragraph (11), by striking ‘‘and’’ hood. the public and that meets monthly to pro- after the semicolon; (7) Adolescents who are overweight have a mote a healthy school environment.’’; (B) in paragraph (12), by striking the pe- 70–80 percent chance of becoming overweight (2) in paragraph (2)(B)(i)— riod at the end and inserting ‘‘; and’’; and adults, increasing their risk for chronic dis- (A) in subclause (I), by striking ‘‘and’’ (C) by adding at the end the following: ease, disability, and death. after the semicolon; ‘‘(13) programs that support a healthy, ac- (8) A recent study showed that plaque (B) in subclause (II), by striking ‘‘and’’ tive lifestyle, including nutritional edu- build-up in the neck arteries of children who after the semicolon; and cation and regular, structured physical ac- are obese or those with high cholesterol is (C) by adding at the end the following: tivity programs.’’. ‘‘(III) the percentage of elementary school similar to those levels seen in middle-aged (d) PARENTAL INVOLVEMENT.—Section 1118 and secondary school physical education adults. of the Elementary and Secondary Education teachers who are State certified as physical (9) A decline in physical activity has con- Act of 1965 is amended— education teachers; and tributed to the unprecedented epidemic of (1) in subsection (a)(2)— ‘‘(IV) the amount of square feet of indoor childhood obesity. (A) in subparagraph (E), by striking ‘‘and’’ and outdoor facilities that are primarily (10) The Physical Activity Guidelines for at the end; used for physical education and the amount Americans recommend that children engage (B) by redesignating subparagraph (F) as of square feet of indoor and outdoor facilities in 60 minutes or more of physical activity subparagraph (G); and that are primarily used for physical activity; each day. (C) by inserting after subparagraph (E) the and’’; and (11) In a 2005 Government Accountability following: (3) in paragraph (2)(B)(ii)— Office report on key strategies to include in ‘‘(F) involve and train parents in encour- (A) in subclause (I), by striking ‘‘and’’ programs designed to target childhood obe- aging and supporting a healthy and active after the semicolon; sity, ‘‘increasing physical activity’’ was lifestyle, including increased physical activ- (B) in subclause (II), by striking the period identified as the most important component ity during and outside the school day, and at the end and inserting a semicolon; and in any such program. nutritional eating habits in the home and at (C) by adding at the end the following: (12) Part of the decline in physical activity school; and’’; ‘‘(III) the percentage of elementary school has been in our Nation’s schools, where phys- (2) in subsection (d)— and secondary school physical education ical education programs have been cut back (A) in the subsection heading, by inserting teachers who are State certified as physical in the past 2 decades. after ‘‘ACHIEVEMENT’’ the following: ‘‘BY education teachers; and (13) The national standard for physical HEALTHY, ACTIVE STUDENTS’’; ‘‘(IV) the number of meetings of a School education frequency is 150 minutes per week (B) in the matter preceding paragraph (1), Health Council that includes parents, stu- in elementary school and 225 minutes per by striking ‘‘standards.’’ and inserting dents, representatives of the school food au- week in middle school and high school. ‘‘standards and to ensure that the children thority, representatives of the school board, (14) Only 3.8 percent of elementary school, lead healthy, active lives.’’; and school administrators and members of the 7.9 percent of middle school, and 2.1 percent (C) in paragraph (1)— public during the school year.’’. of high schools provide daily physical edu- (i) by inserting after ‘‘supportive’’ the fol- cation or its equivalent for the entire school SEC. 4. PROMOTING PHYSICAL EDUCATION AND ACTIVITY IN SCHOOL PROGRAMS. lowing: ‘‘, healthy,’’; year, and 22 percent of schools do not require (ii) by striking ‘‘; and participating’’ and students to take any physical education at (a) ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAMS.—Section 5421 of the inserting ‘‘; participating’’; and all. (iii) by inserting after ‘‘extracurricular (15) Among children ages 9 to 13, 61.5 per- Elementary and Secondary Education Act of 1965 (20 U.S.C. 7245) is amended— time’’ the following: ‘‘and supporting their cent do not participate in any organized (1) in subsection (b)(2)(H), by inserting ‘‘, children in leading a healthy and active life, physical activity during out-of-school hours. which design and implementation shall take such as by providing healthy meals and (16) Regular physical activity is associated into consideration the overall emotional and snacks, encouraging participation in phys- with a healthier, longer life and a lower risk physical well-being of students’’ after ‘‘the ical education, and sharing in physical activ- of cardiovascular disease, high blood pres- program’’; and ity outside the school day’’; and sure, diabetes, obesity, and some cancers. (2) in subsection (c)(2)(E), by inserting (3) in subsection (e)— (17) Research suggests a strong correlation ‘‘health, the importance of regular physical (A) by redesignating paragraphs (6) between children’s fitness and their aca- activity,’’ after ‘‘relationships,’’. through (14) as paragraphs (7) through (15), demic performance as measured by grades in (b) SMALLER LEARNING COMMUNITIES.—Sec- respectively; and core subjects and standardized test scores. tion 5441(b) of the Elementary and Secondary (B) by inserting after paragraph (5) the fol- (18) Approximately 81 percent of adults be- Education Act of 1965 (20 U.S.C. 7249(b)) is lowing: lieve daily physical education should be amended by adding at the end the following: ‘‘(6)(A) shall ensure that parents and mandatory in schools. ‘‘(14) How the local educational agency will teachers have information about the impor- SEC. 3. REPORT CARDS. ensure that smaller learning communities tance of a healthy lifestyle, including nutri- Section 1111(h) of the Elementary and Sec- support healthy lifestyles including partici- tional eating habits, physical education, and ondary Education Act of 1965 (20 U.S.C. pation in physical education and physical ac- physical activity, to an effective learning en- 6311(h)) is amended— tivity by all students and access to nutri- vironment; and (1) in paragraph (1)(C)— tious food and nutrition education.’’. ‘‘(B) shall coordinate activities with par- (A) in clause (vii), by striking ‘‘and’’ after (c) 21ST CENTURY COMMUNITY LEARNING ents and teachers to ensure that children are the semicolon; CENTERS.— provided with nutritious meals and snacks, (B) in clause (viii), by striking the period (1) PURPOSE; DEFINITIONS.—Section 4201 of and have ample opportunities for physical at the end and inserting a semicolon; and the Elementary and Secondary Education education and physical activity during and (C) by adding at the end the following: Act of 1965 (20 U.S.C. 7171) is amended— outside the school day;’’.

VerDate Mar 15 2010 03:18 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.050 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1680 CONGRESSIONAL RECORD — SENATE March 15, 2011 SEC. 5. PROFESSIONAL DEVELOPMENT FOR (ii) cognitive development, and fitness im- for social work education, research, TEACHERS AND PRINCIPALS. provement, in physical education; and training. These grants will fund (a) STATE APPLICATIONS.—Section 2112(b) of (iii) knowledge of lifetime physical activ- the Elementary and Secondary Education community-based programs of excel- ity and health promotion; lence and provide scholarships to train Act of 1965 (20 U.S.C. 6612(b)) is amended by (iv) decrease in obesity; and adding at the end the following: (v) levels on overall health indicators; and the next generation of social workers. ‘‘(13) A description of how the State edu- (B) effectively measuring the progress of This bill addresses the recruitment and cational agency will use funds under this students, at the school level, in increasing retention of social workers and will re- part to provide professional development physical activity. sult in a renewed focus on improving that is directly related to the fields of phys- social worker workplace safety. Ac- ical education and health education to phys- By Ms. MIKULSKI (for herself cording to the National Association of ical education teachers and health education and Mr. INOUYE): Social Workers, 44 percent of social teachers to ensure that children are leading S. 583. A bill to amend title XVIII of healthy, active lifestyles that are conducive workers surveyed have faced personal to effective learning.’’. the Social Security Act to permit di- safety issues when on the job. In addi- (b) STATE USE OF FUNDS.—Section 2113(c)(6) rect payment under the Medicare pro- tion, this bill will help identify and dis- of the Elementary and Secondary Education gram for clinical social worker services seminate evidence-based best practices Act of 1965 (20 U.S.C. 6613(c)(6)) is amended— provided to residents of skilled nursing in social work interventions. This bill (1) by striking ‘‘, in cases in which a State facilities; to the Committee on Fi- also establishes a national coordina- educational agency determines support to be nance. tion center that will allow social edu- appropriate,’’; and Ms. MIKULSKI. Mr. President, in (2) by inserting ‘‘, physical education cation, advocacy and research institu- teachers, and health education teachers’’ honor of World Social Work Day, I rise tions to collaborate and work together. after ‘‘pupil services personnel’’. today to introduce the Dorothy I. The coordination center will facilitate (c) LOCAL APPLICATIONS AND NEEDS ASSESS- Height and Whitney M. Young, Jr. So- gathering and distributing social work MENT.—Section 2122(b)(9) of the Elementary cial Work Reinvestment Act and the research to make the most effective and Secondary Education Act of 1965 (20 Clinical Social Work Medicare Equity use of the information we have on how U.S.C. 6622(b)(9)) is amended— Act of 2011. I am proud to introduce social work service improves our social (1) in subparagraph (C), by striking ‘‘and’’ legislation that will reduce the short- after the semicolon; fabric. This bill also creates a media (2) in subparagraph (D), by striking the pe- age of social workers in our nation and campaign that will promote social riod at the end and inserting ‘‘; and’’; and properly reimburse social workers for work. This bill gives social work the (3) by adding at the end the following: the services they provide. attention it deserves. ‘‘(E) improve the health and eating habits Social workers play a crucial role As a social worker, I understand the of students and increase rates of physical ac- combating the social problems facing critical role social workers have in the tivity of students.’’. our nation and are essential providers overall care of our populations. Social (d) LOCAL USE OF FUNDS.—Section in our health care system. Our health 2123(a)(3) of the Elementary and Secondary workers can be found in every facet of Education Act of 1965 (20 U.S.C. 6623(a)(3)) is care and social service needs have dras- community life—in hospitals, mental amended— tically increased over the past decade health clinics, senior centers, and pri- (1) in subparagraph (A)— and will continue to do so in the next vate agencies that serve individuals (A) in clause (i), by striking ‘‘and’’ after decade. We must have the workforce in and families in need. Social workers the semicolon; and place to make sure that our returning are there to help struggling students, (B) by adding at the end the following: soldiers have access to mental health returning soldiers, and the chronically ‘‘(iii) effective strategies for improving the services, our elderly maintain their ill. Oftentimes, socials workers are the healthy habits of students and the rates of independence in the communities in physical activity by students that result in only available option for mental health the ability to learn more effectively; and’’; which they live, and abused children care in rural and underserved urban and are placed in safe homes. Social work- areas. Yet there are not enough social (2) in subparagraph (B)— ers provide mental health therapy, workers to meet these needs. By 2018, (A) in clause (iv), by striking ‘‘and’’ after caregiver and family counseling, it is estimated an additional 100,000 so- the semicolon; health education, program coordina- cial workers will be needed. We need to (B) in clause (v), by striking the period at tion, and case management. In these get our workforce in place today so the end and inserting ‘‘; and’’; and tough economic times, social workers that we can meet the needs of our pop- (C) by adding at the end the following: have an essential role in keeping com- ‘‘(vi) provide training, with curricula that ulation, particularly our aging Ameri- is evidence-based, in how to teach physical munities together and helping individ- cans. The first of the baby boomers education and health education that results uals and families cope with the stresses turn 65 this year. The aging tsunami in the ability of students to learn more effec- they are facing. Social workers are will hit us. We must be prepared. tively.’’. vital to America’s social safety net. I believe that social work is full of SEC. 6. NATIONAL RESEARCH COUNCIL STUDY. The Dorothy I. Height and Whitney great opportunities, both to serve and Not later than 180 days after the date of M. Young, Jr. Social Work Reinvest- to lead. Social work is about putting enactment of this Act, the Secretary of Edu- ment Act provides grants to social our values into action. Social workers cation shall enter into a contract with the workers, identifies workforce chal- are among our best and brightest, our National Research Council of the National Academy of Sciences to— lenges and resource needs, and deter- most committed and compassionate. (1) examine and make recommendations mines how any workforce shortage will They are at the frontlines of providing regarding— affect the communities social workers care, often putting themselves in dan- (A) various means that may be employed serve. I am honored to introduce this gerous and violent situations. Social to incorporate physical activity into Head bill named after two social visionaries, workers have the ability to provide Start and childcare settings, elementary, Dorothy I. Height and Whitney M. psychological, emotional, and social middle, and high school settings, and before- Young. Dorothy Height, who passed support—quite simply, the ability to and after-school programs; and away last year, was a pioneer of the change lives. I think we can do better (B) innovative and effective ways to in- crease physical activity for all students; civil rights movement. Like me, she by our constituents including our serv- (2) study the impact of health, level of began her career as a case worker and icemembers, seniors, and children. We physical activity, and amount of physical continued to fight for social justice. must make sure we have the social education on students’ ability to learn and Whitney Young, another trailblazer of workers in place to meet their needs. maximize performance in school; and the civil rights movement, also began I’m fighting to make sure we do. (3) study and provide specific recommenda- his career transforming our social I also stand on the Senate floor today tions for— landscape as a social worker. He helped to introduce the Clinical Social Work (A) effectively measuring the progress of create President Johnson’s War on Medicare Equity Act of 2009. This bill students, at the school level, in improving ensures that clinical social workers re- their health and well-being, including im- Poverty and has served as President of proving their— the National Association of Social ceive Medicare reimbursement for the (i) knowledge, awareness, and behavior Workers. mental health services they provide in changes, related to nutrition and physical This bill is about continued invest- skilled nursing facilities. Under the activity; ment in social work. It provides grants current system, social workers cannot

VerDate Mar 15 2010 03:18 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.050 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1681 bill Medicare directly for the services ical social workers, like their col- why I have supported strong whistle- they provide. Psychologists and psychi- leagues, from the Prospective Payment blower protection laws during my time atrists, who provide similar counseling, System, and would make sure that in Congress. are able to separately bill Medicare for clinical social workers are paid for the The landmark whistleblower law, the their services. services they provide to patients in Whistleblower Protection Act of 1989, Since my first days in Congress, I skilled nursing facilities. WPA, provided rights and remedies to have been fighting to protect and This bill is about more than paper- Executive Branch whistleblowers that strengthen the safety of our Nation’s work and payment procedures. This are the victims of retaliation. I proudly seniors. Making sure that seniors have bill is about equal access to Medicare cosponsored the WPA, but like many access to quality, affordable mental payments for the equal and important laws that are 20 years old, it needs to health care is an important part of this work done by clinical social workers. It be updated. So, I cosponsored legisla- fight. I know that millions of seniors is about making sure our nation’s most tion introduced by Senator AKAKA in do not have access to, or are not re- vulnerable citizens have access to qual- the previous Congress to do just that. ceiving, the mental health services ity, affordable mental health care. The We are currently working to introduce they urgently need. Five million sen- overarching goal we should be striving similar legislation in this Congress. iors are affected by depression, yet few to achieve for our seniors is an im- Despite this effort, there is still a crit- ever receive treatment. According to proved quality of life. Without clinical ical gap in whistleblower protections the American Psychological Associa- social workers, many nursing home for government employees, namely the tion, 20 percent of people over the age residents would never get the coun- lack of whistleblower protections for of 55 have a mental health disorder and seling they need when faced with a life employees of the Legislative and Judi- 2/3 of nursing home residents have a threatening illness or the loss of a cial branches of the Federal Govern- mental or behavioral health issue, but loved one. I think we can do better by ment. I am here today to start that less than 3 percent receive treatment. our nation’s seniors. I am fighting to discussion and introduce legislation These mental health disorders, which make sure we do. that will provide the same whistle- include severe depression and debili- As a social worker, I have been on blower protection rights currently ex- tating anxiety, interfere with a per- the frontlines of helping people cope tended to Executive Branch employees son’s ability to carry out activities of with issues in their everyday lives. I to the Legislative Branch. daily living and adversely affect their started off fighting for abused children, I am pleased to be joined by Senator quality of life. Furthermore, older peo- making sure they were placed in safe MCCASKILL in introducing the Congres- ple account for 20 percent of suicide homes. I will continue to fight every sional Whistleblower Protection Act of deaths in the U.S., and white men age day for our children, seniors, and fami- 2011. This important legislation simply 85 or older have the highest suicide lies on the floor of the United States adds whistleblower protections to the rate of any age group. Every year near- Senate. Legislative Branch by incorporating ly 5,000 older Americans kill them- The Dorothy I. Height and Whitney the WPA into the Congressional Ac- selves. This is unacceptable and must M. Young, Jr. Social Work Reinvest- countability Act of 1995, a law I au- be addressed. ment Act and the Clinical Social Work thored to bring Congress in line with This bill helps residents of skilled Medicare Equity Act of 2011 are both many labor laws and workplace protec- nursing facilities across the country strongly supported by the National As- tions. I have long believed Congress get the mental health and psychosocial sociation of Social Workers. I also should practice what it preaches, and services they need. It ensures that sen- want to thank Senator INOUYE for his this legislation will do just that. iors living in underserved urban and cosponsorship of the Clinical Social A theme that has dominated this new rural areas, where clinical social work- Work Medicare Equity Act of 2012 and Congress, as well as the elections this ers are often the only available option thank Senator BEGICH, Senator CARDIN, past November, is accountability and for mental health care, continue to re- and Senator INOUYE for their cospon- responsibility in Washington. In most ceive the treatment they need. Clinical sorship of the Social Work Reinvest- instances, the only reason we discover social workers, much like psycholo- ment Act. I look forward to working waste or fraud is because employees gists and psychiatrists, diagnose and with my colleagues to enact these two are brave enough to stand up to the treat mental illnesses. In fact, clinical important pieces of legislation. wrongdoers and expose their offenses. social workers are the primary mental Without these whistleblowers, the health providers for nursing home resi- By Mr. GRASSLEY (for himself American taxpayer would continue to dents and seniors residing in rural en- and Mrs. MCCASKILL): foot the bill. vironments. Unlike other mental S. 586. A bill to amend the Congres- This bill is long overdue. I have pre- health providers, clinical social work- sional Accountability Act of 1995 to viously introduced similar legislation ers cannot bill Medicare directly for apply whistleblower protections avail- but, unfortunately, those bills were the important services they provide to able to certain executive branch em- never brought up in Committee. I hope their patients. Protecting seniors’ ac- ployees to legislative branch employ- that the Homeland Security and Gov- cess to clinical social workers ensures ees, and for other purposes; to the ernment Affairs Committee will exam- that our most vulnerable citizens get Committee on Homeland Security and ine this legislation closely and expedi- the quality, affordable mental health Governmental Affairs. tiously report it to the full Senate so care they need. This bill will correct Mr. GRASSLEY. Mr. President, we can ensure employees of the Legis- this inequity and make sure clinical today I am introducing a bill that will lative Branch that they are protected social workers get the payments and keep the Federal Government account- from any reprisals related to protected respect they deserve. able. whistleblowing. Before the Balanced Budget Act of Whistleblowers are the key to Now, it’s been a number of years 1997, clinical social workers billed unlocking the secrets of wrongdoing since the Congressional Accountability Medicare Part B directly for mental because they have access to informa- Act was signed into law by President health services they provided in nurs- tion about how the frauds were per- Clinton, so I would like to remind my ing facilities for each patient they petrated and can help lead authorities colleagues why we passed this law. It served. Under the Prospective Payment in the right direction to uncover the was a time very similar to today, the System, services provided by clinical frauds. However, for their brave efforts, American people were demanding more social workers are lumped, or ‘‘bun- they are often the victims of retalia- from their elected officials in Wash- dled,’’ along with the services of other tion and are removed from their jobs ington and wanted accountability and health care providers for the purposes by supervisors who don’t want the transparency in all branches of Govern- of billing and payments. Psychologists wrongdoing uncovered. I have often ment. I believed then, as I do now, that and psychiatrists, who provide similar said whistleblowers are as welcome as Congress needs to put its money where counseling, were exempted from this skunks at a Sunday picnic, despite the its mouth is and apply the various system and continue to bill Medicare fact that all they do is bring forward labor and employment laws that we en- directly. This bill would exempt clin- the truth. This is wrong and that is force on other branches of government

VerDate Mar 15 2010 03:18 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.009 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1682 CONGRESSIONAL RECORD — SENATE March 15, 2011 and businesses all across the country and which passed the House on July 15, peaceful demonstrations by authorizing and to ourselves. The Congressional Ac- 2009 and was reported by the Com- initiating violence against civilian non-com- countability Act did just that. mittee on May 6, 2010. Enactment of batants in Libya, including the use of air- It applied a number of important this legislation is time-sensitive be- power, foreign mercenaries, helicopters, laws to Congress, including, the Fair mortar and artillery fire, naval assets, snip- cause there is currently no Federal or ers, and soldiers; Labor Standards Act, Title VII of the local administrative regime in place to Whereas, in response to Qaddafi’s assault Civil Rights Act of 1964, the Americans manage the lands from the mean high- on the people of Libya, the imposition of a with Disabilities Act, the Age Dis- tide line out to 3 miles surrounding the ‘‘no-fly zone’’ in Libya was called for by the crimination and Employment Act, the 14 islands of the CNMI. As a result, de- Gulf Cooperation Council on March 7, 2011; Family Medical Leave Act, the Occupa- velopment and other near shore activi- by the head of the Organization of the Is- tional Safety and Health Act, the Em- ties are on hold, or are conducted lamic Conference on March 8, 2011; and by ployee Polygraph Protection Act, the under a cloud of legal uncertainty. the Arab League on March 12, 2011; Whereas the Governments of France and Worker Adjustment and Retraining No- I refer those interested in additional tification Act, the Rehabilitation Act, the United Kingdom have drafted a United information on this proposal to Senate Nations Security Council Resolution to man- as well as some provisions of title 5 re- Report 111–197. Included in that report, date the imposition of a ‘‘no-fly zone’’ in lated to Federal service labor-manage- is the CBO estimate which states that Libya; ment relations. It also created the Of- enacting H.R. 934 would not affect di- Whereas the Libyan Transitional National fice of Compliance in the Legislative rect spending or revenues; therefore, Council was formed in Benghazi, with rep- Branch that oversees application of pay-as-you-go procedures would not resentation of Libyan leaders from across these important laws to the Legislative apply. the country; Branch and ensures that employee’s Whereas, on March 10, 2011, the Govern- Mr. President, I ask unanimous con- ment of France recognized the Libyan Tran- rights under these laws are protected. sent that a letter of support be printed While the Congressional Account- sitional National Council, based in Benghazi, in the RECORD. as the sole legitimate government of Libya ability Act was a good start, the Office There being no objection, the mate- and has announced its intention to send an of Compliance has recommended addi- rial was ordered to be printed in the ambassador there; tional laws be applied to the Legisla- RECORD, as follows: Whereas, despite initial gains, the opposi- tive Branch, including the Whistle- tion has been losing ground against Qaddafi’s CONGRESS OF THE UNITED STATES, blower Protection Act. forces, which are currently advancing HOUSE OF REPRESENTATIVES, against the opposition stronghold of We have already taken the steps to Washington, DC, March 14, 2011. Benghazi; protect whistleblowers in the Execu- Hon. JEFF BINGAMAN, Whereas, on March 3, 2011, President tive Branch. It doesn’t make sense not Chairman, Energy and Natural Resources Com- Barack Obama said, ‘‘Let me just be very un- to extend these same protections to mittee, U.S. Senate, Washington, DC. ambiguous about this. Colonel Qaddafi needs Hon. LISA MURKOWSKI, whistleblowers in our own backyard. to step down from power and leave’’; and Ranking Member, Energy and Natural Re- This bill will, very simply, give con- Whereas, on March 10, 2011, the Director of sources Committee, U.S. Senate, Wash- gressional employees the same protec- National Intelligence testified before Con- ington, DC. tions that workers in the other gress that, because of Qaddafi’s superior DEAR CHAIRMAN BINGAMAN AND RANKING branches of government already pos- military resources, including airpower, and MEMBER MURKOWSKI: As you know, the Sen- in the absence of outside assistance to the sess. It does this by simply adding the ate Energy and Natural Resources Com- opposition, ‘‘I think [over] the long term Whistleblower Protection Act to the mittee favorably reported in the last Con- that the [Qaddafi] regime will prevail.’’: preexisting list of statutes that are ap- gress H.R. 934, a bill conveying submerged Now, therefore, be it plied to the Legislative Branch by the lands to the Commonwealth of the Northern Resolved, That the Senate— Congressional Accountability Act. This Mariana Islands. The measure had received (1) applauds the bravery of the Libyan peo- is a straightforward and simple solu- unanimous support in the House. And it was ple, who are fighting to secure their uni- tion to ensure that employees of the included in Majority Leader Reid’s amend- versal rights against the violent dictatorship Legislative Branch are not without ment to S. 303, the America’s Great Outdoors of Muammar Qaddafi; vital whistleblower protections. Act, but proceeded no further in the Senate. (2) condemns Muammar Qaddafi, and the I hope my colleagues will join me and I have now reintroduced the bill, exactly as forces loyal to him, for using overwhelming reported by the Energy and Natural Re- Senator MCCASKILL in supporting this and indiscriminate violence, including the sources Committee, as H.R. 670 in this Con- use of airpower and foreign mercenaries, bill to ensure that those who help us in gress; and I would like to request that, as a the fight to hold government account- against peaceful demonstrators and civil- courtesy, you together introduce companion ians, which has resulted in gross human able are not punished for their efforts. legislation in the Senate. rights abuses, grave loss of innocent life, and For your ready reference a copy of H.R. 670 By Mr. BINGAMAN (for himself potentially crimes against humanity; is attached. (3) strongly welcomes the calls for impos- and Ms. MURKOWSKI) (by re- Thank you for your consideration. ing a ‘‘no-fly zone’’ in Libya made by the quest): Sincerely, Arab League, the Gulf Cooperation Council, S. 590. A bill to convey certain sub- GREGORIO KILILI CAMACHO SABLAN, and the Organization of the Islamic Con- merged lands to the Commonwealth of Member of Congress. ference; the North Mariana Islands in order to f (4) reiterates that it is the policy of the give that territory the same benefits in SUBMITTED RESOLUTIONS United States, as stated by President its submerged lands as Guam, the Vir- Obama, that Colonel Qaddafi must step down gin Islands, and American Samoa have and leave power; and in their submerged lands; to the Com- (5) calls on the President— SENATE RESOLUTION 102—CALL- (A) to recognize the Libyan Transitional mittee on Energy and Natural Re- ING FOR A NO-FLY ZONE AND National Council, based in Benghazi but rep- sources. THE RECOGNITION OF THE resentative of Libyan communities across Mr. BINGAMAN. Mr. President, TRANSITIONAL NATIONAL COUN- the country, as the sole legitimate governing today I join with my colleague and the CIL IN LIBYA authority in Libya; Ranking Member of the Committee on (B) to take immediate steps to implement Mr. MCCAIN submitted the following Energy and Natural Resources, LISA a ‘‘no-fly zone’’ in Libya with international resolution; which was referred to the MURKOWSKI, in re-introducing, by re- support; and quest, legislation to convey certain Committee on Foreign Relations: (C) to develop and implement a comprehen- submerged lands to the Commonwealth S. RES. 102 sive strategy to achieve the stated United Whereas peaceful demonstrations, inspired States policy objective of Qaddafi leaving of the North Mariana Islands, CNMI, power. that would give that territory the by similar peaceful demonstrations in Tuni- same benefits in its submerged lands as sia, Egypt, and elsewhere in the Middle East, f began in Libya with calls for greater polit- AMENDMENTS SUBMITTED AND Guam, the Virgin Islands, and Amer- ical reform, opportunity, justice, and the ican Samoa have in their submerged rule of law and quickly spread to cities PROPOSED lands. around the country. SA 170. Mr. PAUL submitted an amend- This bill is identical to H.R. 934 that Whereas Muammar Qaddafi, his sons, and ment intended to be proposed by him to the was considered in the 111th Congress forces loyal to them have responded to the bill S. 493, to reauthorize and improve the

VerDate Mar 15 2010 03:18 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.063 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1683 SBIR and STTR programs, and for other pur- bill S. 493, supra; which was ordered to lie on to be proposed by her to the bill S. 493, supra; poses; which was ordered to lie on the table. the table. which was ordered to lie on the table. SA 171. Mr. PAUL submitted an amend- SA 192. Mr. CASEY submitted an amend- SA 212. Mr. BROWN of Massachusetts (for ment intended to be proposed by him to the ment intended to be proposed by him to the himself and Mr. VITTER) submitted an bill S. 493, supra; which was ordered to lie on bill S. 493, supra; which was ordered to lie on amendment intended to be proposed by him the table. the table. to the bill S. 493, supra; which was ordered to SA 172. Mr. PAUL submitted an amend- SA 193. Ms. SNOWE (for herself, Ms. lie on the table. ment intended to be proposed by him to the LANDRIEU, Mr. COBURN, Mr. WEBB, and Mr. SA 213. Mr. MCCAIN submitted an amend- bill S. 493, supra; which was ordered to lie on KERRY) submitted an amendment intended ment intended to be proposed by him to the the table. to be proposed by her to the bill S. 493, supra. bill S. 493, supra; which was ordered to lie on SA 173. Mr. PAUL submitted an amend- SA 194. Ms. COLLINS submitted an amend- the table. ment intended to be proposed by him to the ment intended to be proposed by her to the SA 214. Mr. NELSON of Nebraska sub- bill S. 493, supra; which was ordered to lie on bill S. 493, supra; which was ordered to lie on mitted an amendment intended to be pro- the table. the table. posed by him to the bill S. 493, supra; which SA 174. Mr. RUBIO submitted an amend- SA 195. Ms. COLLINS submitted an amend- was ordered to lie on the table. ment intended to be proposed by him to the ment intended to be proposed by her to the SA 215. Mr. ROCKEFELLER submitted an bill S. 493, supra; which was ordered to lie on bill S. 493, supra; which was ordered to lie on amendment intended to be proposed by him the table. the table. to the bill S. 493, supra; which was ordered to SA 175. Mr. RUBIO submitted an amend- SA 196. Ms. COLLINS submitted an amend- lie on the table. ment intended to be proposed by him to the ment intended to be proposed by her to the SA 216. Mr. CASEY submitted an amend- bill S. 493, supra; which was ordered to lie on bill S. 493, supra; which was ordered to lie on ment intended to be proposed by him to the the table. the table. bill S. 493, supra; which was ordered to lie on SA 176. Mr. MCCAIN submitted an amend- SA 197. Mrs. HUTCHISON (for herself, Mr. the table. ment intended to be proposed by him to the HATCH, Mr. MORAN, Mr. COCHRAN, Mr. KYL, SA 217. Mr. COBURN submitted an amend- bill S. 493, supra; which was ordered to lie on Ms. MURKOWSKI, and Mr. BARRASSO) sub- ment intended to be proposed by him to the the table. mitted an amendment intended to be pro- bill S. 493, supra; which was ordered to lie on SA 177. Mr. COBURN submitted an amend- posed by her to the bill S. 493, supra; which the table. ment intended to be proposed by him to the was ordered to lie on the table. SA 218. Mr. COBURN submitted an amend- bill S. 493, supra; which was ordered to lie on SA 198. Mrs. HUTCHISON (for herself, Mr. ment intended to be proposed by him to the the table. CORNYN, Mr. VITTER, Ms. MURKOWSKI, Mr. bill S. 493, supra; which was ordered to lie on SA 178. Mr. VITTER proposed an amend- SHELBY, Mr. WICKER, Mr. COCHRAN, and Mr. the table. ment to the bill S. 493, supra. WEBB) submitted an amendment intended to SA 219. Mr. COBURN submitted an amend- SA 179. Ms. LANDRIEU submitted an be proposed by her to the bill S. 493, supra; ment intended to be proposed by him to the amendment intended to be proposed by her which was ordered to lie on the table. bill S. 493, supra; which was ordered to lie on to the bill S. 493, supra; which was ordered to SA 199. Mr. PAUL submitted an amend- the table. lie on the table. ment intended to be proposed by him to the SA 220. Mr. COBURN submitted an amend- SA 180. Mr. VITTER submitted an amend- bill S. 493, supra; which was ordered to lie on ment intended to be proposed by him to the ment intended to be proposed by him to the the table. bill S. 493, supra; which was ordered to lie on bill H.R. 1, making appropriations for the SA 200. Mr. VITTER submitted an amend- the table. Department of Defense and the other depart- ment intended to be proposed by him to the SA 221. Mr. COBURN submitted an amend- ments and agencies of the Government for bill S. 493, supra; which was ordered to lie on ment intended to be proposed by him to the the fiscal year ending September 30, 2011, and the table. bill S. 493, supra; which was ordered to lie on for other purposes; which was ordered to lie SA 201. Mr. ENSIGN submitted an amend- the table. on the table. ment intended to be proposed by him to the SA 222. Mr. COBURN submitted an amend- SA 181. Mr. VITTER submitted an amend- bill S. 493, supra; which was ordered to lie on ment intended to be proposed by him to the ment intended to be proposed by him to the the table. bill S. 493, supra; which was ordered to lie on bill S. 493, to reauthorize and improve the SA 202. Mr. ENSIGN (for himself, Ms. MUR- the table. SBIR and STTR programs, and for other pur- KOWSKI, Mr. MCCAIN, Mr. MORAN, and Mr. SA 223. Mr. COBURN submitted an amend- poses; which was ordered to lie on the table. BARRASSO) submitted an amendment in- ment intended to be proposed by him to the SA 182. Mr. NELSON of Nebraska (for him- tended to be proposed by him to the bill S. bill S. 493, supra; which was ordered to lie on self, Mr. TESTER, Mr. PRYOR, and Mr. 493, supra; which was ordered to lie on the the table. MERKLEY) proposed an amendment to the table. SA 224. Mrs. HUTCHISON submitted an bill S. 493, supra. SA 203. Mr. VITTER submitted an amend- amendment intended to be proposed by her SA 183. Mr. MCCONNELL proposed an ment intended to be proposed by him to the to the bill S. 493, supra; which was ordered to amendment to the bill S. 493, supra. bill S. 493, supra; which was ordered to lie on lie on the table. SA 184. Mr. COBURN (for himself, Ms. COL- the table. SA 225. Mr. THUNE submitted an amend- LINS, and Mrs. MCCASKILL) submitted an SA 204. Mr. VITTER submitted an amend- ment intended to be proposed by him to the amendment intended to be proposed by him ment intended to be proposed by him to the bill S. 493, supra; which was ordered to lie on to the bill S. 493, supra; which was ordered to bill S. 493, supra; which was ordered to lie on the table. lie on the table. the table. SA 226. Mr. THUNE submitted an amend- SA 185. Mr. CORNYN submitted an amend- SA 205. Mr. SANDERS submitted an ment intended to be proposed by him to the ment intended to be proposed by him to the amendment intended to be proposed by him bill S. 493, supra; which was ordered to lie on bill S. 493, supra; which was ordered to lie on to the bill S. 493, supra; which was ordered to the table. the table. lie on the table. SA 227. Mr. THUNE submitted an amend- SA 186. Mr. CORNYN submitted an amend- SA 206. Mr. SANDERS submitted an ment intended to be proposed by him to the ment intended to be proposed by him to the amendment intended to be proposed by him bill S. 493, supra; which was ordered to lie on bill S. 493, supra; which was ordered to lie on to the bill S. 493, supra; which was ordered to the table. the table. lie on the table. SA 228. Mr. CARDIN submitted an amend- SA 187. Mr. PRYOR (for himself and Mr. SA 207. Mr. SANDERS (for himself, Mr. ment intended to be proposed by him to the BROWN of Massachusetts) submitted an BROWN of Ohio, Mrs. BOXER, Ms. STABENOW, bill S. 493, supra; which was ordered to lie on amendment intended to be proposed by him Mr. WHITEHOUSE, and Mr. LAUTENBERG) sub- the table. to the bill S. 493, supra; which was ordered to mitted an amendment intended to be pro- lie on the table. posed by him to the bill S. 493, supra; which f SA 188. Mr. PRYOR (for himself, Mr. KOHL, was ordered to lie on the table. TEXT OF AMENDMENTS and Mr. BROWN of Massachusetts) submitted SA 208. Mr. BROWN of Massachusetts sub- an amendment intended to be proposed by mitted an amendment intended to be pro- SA 170. Mr. PAUL submitted an him to the bill S. 493, supra; which was or- posed by him to the bill S. 493, supra; which amendment intended to be proposed by dered to lie on the table. was ordered to lie on the table. him to the bill S. 493, to reauthorize SA 189. Mr. PRYOR submitted an amend- SA 209. Mr. BROWN of Massachusetts sub- and improve the SBIR and STTR pro- ment intended to be proposed by him to the mitted an amendment intended to be pro- grams, and for other purposes; which bill S. 493, supra; which was ordered to lie on posed by him to the bill S. 493, supra; which was ordered to lie on the table; as fol- the table. was ordered to lie on the table. SA 190. Mr. PRYOR submitted an amend- SA 210. Mr. BROWN of Massachusetts sub- lows: ment intended to be proposed by him to the mitted an amendment intended to be pro- On page 49, strike line 11 and all that fol- bill S. 493, supra; which was ordered to lie on posed by him to the bill S. 493, supra; which lows through page 51, line 15. the table. was ordered to lie on the table. SA 191. Mr. CASEY submitted an amend- SA 211. Ms. SNOWE (for herself and Mr. SA 171. Mr. PAUL submitted an ment intended to be proposed by him to the COBURN) submitted an amendment intended amendment intended to be proposed by

VerDate Mar 15 2010 04:22 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.053 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1684 CONGRESSIONAL RECORD — SENATE March 15, 2011 him to the bill S. 493, to reauthorize an award under the SBIR program or STTR SEC. 5ll. WATER QUALITY STANDARDS. and improve the SBIR and STTR pro- program of the Federal agency to a small None of the funds made available by this grams, and for other purposes; which business concern that receives— Act or any other provision of law may be was ordered to lie on the table; as fol- ‘‘(A) a Federal grant (other than an award used to implement, administer, or enforce lows: under an SBIR program or STTR program); the final rule of the Environmental Protec- or tion Agency entitled ‘‘Water Quality Stand- On page 31, strike line 20 and all that fol- ‘‘(B) Federal funding as a result of an ear- ards for the State of Florida’s Lakes and lows through page 47, line 22, and insert the mark. Flowing Waters’’ (75 Fed. Reg. 75762 (Decem- following: ‘‘(3) PROHIBITION ON RECEIPT OF FEDERAL ber 6, 2010)). SEC. 201. TECHNICAL AND CONFORMING AMEND- GRANTS.—A small business concern carrying MENTS. out activities funded using an award under (a) REDESIGNATION.—The Small Business SA 176. Mr. MCCAIN submitted an an SBIR program or STTR program may Act (15 U.S.C. 631 et seq.) is amended— amendment intended to be proposed by not— (1) by redesignating sections 43, 44, and 45 him to the bill S. 493, to reauthorize ‘‘(A) apply for or receive a Federal grant as sections 44, 45, and 46 respectively; (other than an award under an SBIR program and improve the SBIR and STTR pro- (2) in section 37(d) (15 U.S.C. 657i(d)), by or STTR program); or grams, and for other purposes; which striking ‘‘section 43’’ and inserting ‘‘section ‘‘(B) receive Federal funding as a result of was ordered to lie on the table; as fol- 44’’; an earmark.’’. (3) in section 40(d) (15 U.S.C. 657l(d), by lows: striking ‘‘section 43’’ and inserting ‘‘section At the end of the bill, add the following: SA 173. Mr. PAUL submitted an 44’’; and SEC. lll. BUDGET OF THE UNITED STATES (4) in section 41(b) (15 U.S.C. 657m(b)), by amendment intended to be proposed by GOVERNMENT. striking ‘‘section 43’’ and inserting ‘‘section him to the bill S. 493, to reauthorize (a) PROHIBITION ON PRINTING THE BUDGET OF 44’’. and improve the SBIR and STTR pro- THE UNITED STATES GOVERNMENT.— (b) SECTION 205.—The amendments made by grams, and for other purposes; which (1) IN GENERAL.—Chapter 13 of title 44, section 205(b) of this Act shall have no force was ordered to lie on the table; as fol- United States Code, is amended by adding at or effect. the end the following: (c) PROSPECTIVE REPEAL OF THE SMALL lows: BUSINESS INNOVATION RESEARCH PROGRAM.— On page 4, line 1, strike ‘‘2019’’ and insert ‘‘§ 1345. Prohibition on printing of the budget Effective 5 years after the date of enactment ‘‘2013’’. of the United States Government of this Act, the Small Business Act (15 U.S.C. On page 4, line 9, strike ‘‘2019’’ and insert ‘‘The Government Printing Office shall not 631 et seq.) is amended— ‘‘2013’’. print the budget of the United States Gov- (1) by striking section 43, as added by sec- On page 42, line 15, strike ‘‘2016’’ and insert ernment described under section 1105 of title tion 205(a) of this Act; ‘‘2013’’. 31, United States Code.’’. (2) by redesignating sections 44, 45, and 46, On page 42, line 18, strike ‘‘2016’’ and insert (2) TECHNICAL AND CONFORMING AMEND- as redesignated by subsection (a)(1) of this ‘‘2013’’. MENT.—The table of sections for chapter 13 of subsection, as sections 43, 44, and 45, respec- On page 42, line 24, strike ‘‘2016’’ and insert title 44, United States Code, is amended by tively; ‘‘2013’’. adding after the item relating to section 1344 (3) in section 37(d) (15 U.S.C. 657i(d)), by On page 46, strike lines 14 through 18 and the following: striking ‘‘section 44’’ and inserting ‘‘section insert the following: 43’’; (1) $1,000,000 for fiscal year 2012; and ‘‘Sec. 1345. Prohibition on printing of the (4) in section 40(d) (15 U.S.C. 657l(d), by (2) $1,000,000 for fiscal year 2013. budget of the United States striking ‘‘section 44’’ and inserting ‘‘section On page 54, line 8, strike ‘‘2014’’ and insert Government.’’. 43’’; and ‘‘2013’’. (b) ELECTRONIC AVAILABILITY.—The Office (5) in section 41(b) (15 U.S.C. 657m(b)), by of Management and Budget shall make the striking ‘‘section 44’’ and inserting ‘‘section SA 174. Mr. RUBIO submitted an budget of the United States Government sub- 43’’. amendment intended to be proposed by mitted to Congress under section 1105 of title him to the bill S. 493, to reauthorize 31, United States Code, available— SA 172. Mr. PAUL submitted an and improve the SBIR and STTR pro- (1) to the public on the website of the Of- amendment intended to be proposed by fice of Management and Budget; and him to the bill S. 493, to reauthorize grams, and for other purposes; which (2) in a format which enables the budget to and improve the SBIR and STTR pro- was ordered to lie on the table; as fol- be downloaded and printed by users of the grams, and for other purposes; which lows: website. was ordered to lie on the table; as fol- At the end of title V, insert the following: lows: SEC. lll. RESCINDING ARRA FUNDING. SA 177. Mr. COBURN submitted an At the end, add the following: (a) IN GENERAL.—There are rescinded all amendment intended to be proposed by SEC. lll. PROHIBITION ON ADDITIONAL FED- unobligated balances remaining available as him to the bill S. 493, to reauthorize ERAL FUNDING. of the date of enactment of this section, of and improve the SBIR and STTR pro- Section 9 of the Small Business Act (15 the discretionary appropriations provided by grams, and for other purposes; which U.S.C. 638), as amended by this Act, is division A of the American Recovery and Re- was ordered to lie on the table; as fol- investment Act of 2009 (Public Law 111–5). amended by adding at the end the following: lows: ‘‘(nn) ELIGIBILITY REQUIREMENTS.— (b) OVERSIGHT.—Subsection (a) shall not ‘‘(1) DEFINITION.—In this subsection, the apply to funds appropriated or otherwise At the end of title V, add the following: term ‘earmark’— made available to Offices of Inspector Gen- SEC. 504. TERMINATION OF NATIONAL VETERANS ‘‘(A) means a provision or report language eral and the Recovery Act Accountability BUSINESS DEVELOPMENT CORPORA- included primarily at the request of a Sen- and Transparency Board by division A of the TION. ator or Member of the House of Representa- American Recovery and Reinvestment Act of (a) TERMINATION.— tives providing or recommending a specific 2009 (Public Law 111–5). (1) IN GENERAL.—The National Veterans amount of discretionary budget authority, (c) SIGNAGE.—Effective on the date of en- Business Development Corporation is hereby credit authority, or other spending authority actment of this section and thereafter, no terminated. for a contract, loan, loan guarantee, grant, Federal agency administering funds provided (2) WINDING-UP.—The Board of Directors of loan authority, or other expenditure with or by division A of the American Recovery and the National Veterans Business Development to an entity, or targeted to a specific State, Reinvestment Act of 2009 (Public Law 111–5) Corporation shall take such actions as are locality, or congressional district; and may provide funding or reimbursement to necessary and appropriate to wind up the af- ‘‘(B) does not include a provision or report any entity awarded funds from such Act for fairs of the Corporation as soon as prac- language that— the cost associated with physical signage or ticable after the date of the enactment of ‘‘(i) is specifically authorized by an appro- other advertisement indicating that a this Act. priate congressional authorizing committee project is funded by such Act. (b) CONFORMING REPEAL.—Section 33 of the of jurisdiction; Small Business Act (15 U.S.C. 657c) is re- ‘‘(ii) meets funding eligibility criteria es- SA 175. Mr. RUBIO submitted an pealed. tablished by an appropriate congressional amendment intended to be proposed by authorizing committee of jurisdiction by him to the bill S. 493, to reauthorize SA 178. Mr. VITTER proposed an statute; or and improve the SBIR and STTR pro- amendment to the bill S. 493, to reau- ‘‘(iii) is awarded through a statutory or ad- grams, and for other purposes; which thorize and improve the SBIR and ministrative formula-driven or competitive award process. was ordered to lie on the table; as fol- STTR programs, and for other pur- ‘‘(2) ELIGIBILITY FOR SBIR AND STTR lows: poses; as follows: AWARDS.—A Federal agency may not make At the end of title V, add the following: At the end, add the following:

VerDate Mar 15 2010 03:18 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.061 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1685 SEC. lll. SALE OF EXCESS FEDERAL PROP- SA 179. Ms. LANDRIEU submitted an SA 180. Mr. VITTER submitted an ERTY. amendment intended to be proposed by amendment intended to be proposed by (a) IN GENERAL.—Chapter 5 of subtitle I of title 40, United States Code, is amended by her to the bill S. 493, to reauthorize him to the bill H.R. 1, making appro- adding at the end the following: and improve the SBIR and STTR pro- priations for the Department of De- ‘‘SUBCHAPTER VII—EXPEDITED grams, and for other purposes; which fense and the other departments and DISPOSAL OF REAL PROPERTY was ordered to lie on the table; as fol- agencies of the Government for the fis- ‘‘§ 621. Definitions lows: cal year ending September 30, 2011, and ‘‘In this subchapter: for other purposes; which was ordered At the end of section 501, add the fol- ‘‘(1) DIRECTOR.—The term ‘Director’ means to lie on the table; as follows: lowing: the Director of the Office of Management On page l, between lines l and l, insert and Budget. (d) SUNSET.—Effective on the date that is 5 the following: ‘‘(2) LANDHOLDING AGENCY.—The term years after the date of enactment of this SEC. ll. None of the funds made available ‘landholding agency’ means a landholding Act, section 9 of the Small Business Act (15 by this Act may be used by the Secretary of agency (as defined in section 501(i) of the U.S.C. 638), as amended by this section, is Energy to make grants to State or local gov- McKinney-Vento Homeless Assistance Act amended— ernments under the Weatherization and (42 U.S.C. 11411(i))). (1) in subsection (g)— Intergovernmental Program. ‘‘(3) REAL PROPERTY.— (A) in paragraph (3)— ‘‘(A) IN GENERAL.—The term ‘real property’ (i) by striking ‘‘applications to the Federal SA 181. Mr. VITTER submitted an means— agency for support of projects relating to amendment intended to be proposed by ‘‘(i) a parcel of real property under the ad- nanotechnology, rare diseases, security, en- him to the bill S. 493, to reauthorize ministrative jurisdiction of the Federal Gov- ergy, transportation, or improving the secu- and improve the SBIR and STTR pro- ernment that is— rity and quality of the water supply of the ‘‘(I) excess; United States, and the efficiency of water de- grams, and for other purposes; which ‘‘(II) surplus; livery systems and usage patterns in the was ordered to lie on the table; as fol- ‘‘(III) underperforming; or United States (including the territories of lows: ‘‘(IV) otherwise not meeting the needs of the United States) through the use of tech- At the end of the bill, add the following: the Federal Government, as determined by nology (to the extent that the projects relate SEC. lll. DOMESTIC AIR TRAVEL RESTRIC- the Director; and to the mission of the Federal agency), broad TIONS FOR FEDERAL EMPLOYEES. ‘‘(ii) a building or other structure located research topics, and topics that further 1 or (a) IN GENERAL.—Chapter 57 of title 5, on real property described in clause (i). more critical technologies or research prior- United States Code, is amended by inserting ‘‘(B) EXCLUSION.—The term ‘real property’ ities’’ and inserting ‘‘broad research topics after section 5710 the following: excludes any parcel of real property, and any and to topics that further 1 or more critical ‘‘§ 5711. Domestic air travel restriction building or other structure located on real technologies’’; and property, that is to be closed or realigned (ii) in subparagraph (A), by adding ‘‘or’’ at ‘‘(a) In this section, the term ‘United under the Defense Authorization Amend- the end; States’ means the several States, the Dis- ments and Base Closure and Realignment (iii) in subparagraph (B), by striking the trict of Columbia, the Commonwealth of Act (10 U.S.C. 2687 note; Public Law 100–526). semicolon at the end and inserting a period; Puerto Rico, the United States Virgin Is- lands, Guam, American Samoa, the Com- ‘‘§ 622. Disposal program and (iv) by striking subsections (C), (D), (E), monwealth of the Northern Mariana Islands, ‘‘(a) IN GENERAL.—Except as provided in and any other territory or possession of the subsection (e), the Director shall, by sale or and (F); and (B) by striking paragraph (13); United States, but does not include the auction, dispose of a quantity of real prop- Trust Territory of the Pacific Islands. erty with an aggregate value of not less than (2) in subsection (o)— (A) in paragraph (3)— ‘‘(b) An employee may only be reimbursed $15,000,000,000 that, as determined by the Di- for the actual and necessary expenses of offi- rector, is not being used, and will not be (i) by striking ‘‘applications to the Federal agency for support of projects relating to cial air travel within the United States if used, to meet the needs of the Federal Gov- that travel is coach-class.’’. ernment for the period of fiscal years 2010 nanotechnology, rare diseases, security, en- (b) TECHNICAL AND CONFORMING AMEND- through 2015. ergy, transportation, or improving the secu- MENT.—The table of sections for chapter 57 of ‘‘(b) RECOMMENDATIONS.—The head of each rity and quality of the water supply of the title 5, United States Code, is amended by in- landholding agency shall recommend to the United States, and the efficiency of water de- serting after the item relating to section 5710 Director real property for disposal under livery systems and usage patterns in the the following: subsection (a). United States (including the territories of ‘‘(c) SELECTION OF PROPERTIES.—After re- the United States) through the use of tech- ‘‘5711. Domestic air travel restriction.’’. ceiving recommendations of candidate real nology (to the extent that the projects relate (c) EFFECTIVE DATE.—The amendments property under subsection (b), the Director— to the mission of the Federal agency), broad made by this section shall take effect on the ‘‘(1) with the concurrence of the head of research topics, and topics that further 1 or date of enactment of this Act and apply to each landholding agency, may select the real more critical technologies or research prior- travel taken on or after that date. property for disposal under subsection (a); ities’’ and inserting ‘‘broad research topics and and to topics that further 1 or more critical SA 182. Mr. NELSON of Nebraska (for ‘‘(2) shall notify the recommending land- technologies’’; and himself, Mr. TESTER, Mr. PRYOR, and (ii) in subparagraph (A), by adding ‘‘or’’ at holding agency head of the selection of the Mr. MERKLEY) proposed an amendment real property. the end; to the bill S. 493, to reauthorize and ‘‘(d) WEBSITE.—The Director shall ensure (iii) in subparagraph (B), by striking the that all real properties selected for disposal semicolon at the end and inserting a period; improve the SBIR and STTR programs, under this section are listed on a website and and for other purposes; as follows: that shall— (iv) by striking subsections (C), (D), (E), At the appropriate place, insert the fol- ‘‘(1) be updated routinely; and and (F); lowing: ‘‘(2) include the functionality to allow any (B) in paragraph (15), by adding ‘‘and’’ at It is the sense of the Senate that it sup- member of the public, at the option of the the end; ports reducing its budget by at least 5 per- member, to receive updates of the list (C) in paragraph (16), by striking ‘‘; and’’ cent. The Senate has made the findings that: through electronic mail. and inserting a period; and Finding that, Congress must pursue com- ‘‘(e) TRANSFER OF PROPERTY.—The Director (D) by striking paragraph (17); and prehensive deficit reduction, may transfer real property selected for dis- (3) in subsection (x)— Finding that, the nation is deeply involved posal under this section to the Department (A) by adding at the end the following: in military action on two fronts, of Housing and Urban Development if the ‘‘(3) UTILIZATION OF PLANS.—The criteria Finding that, Admiral Mullen has noted Secretary of Housing and Urban Develop- and procedures described in paragraph (1) the most significant threat to national secu- ment determines that the real property is shall be developed through the use of the rity is the national debt, suitable for use in assisting the homeless.’’. most current versions of the following plans: Finding that, the nation is in fragile recov- (b) TECHNICAL AND CONFORMING AMEND- ‘‘(A) The Joint Warfighting Science and ery from an economic downturn that has MENT.—The table of sections for chapter 5 of Technology Plan required under section 270 spanned two administrations, subtitle I of title 40, United States Code, is of the National Defense Authorization Act Finding that, the offices and agencies that amended by inserting after the item relating for Fiscal Year 1997 (Public Law 104–201; 10 serve Members of Congress must be reduced to section 611 the following: U.S.C. 2501 note). along with the rest of the budget, ‘‘SUBCHAPTER VII—EXPEDITED DISPOSAL OF ‘‘(B) The Defense Technology Area Plan of Finding that, in order to address the Na- REAL PROPERTY the Department of Defense. tion’s fiscal crisis, the Senate should lead by ‘‘Sec. 621. Definitions. ‘‘(C) The Basic Research Plan of the De- example and reduce its own legislative budg- ‘‘Sec. 622. Disposal program.’’. partment of Defense.’’. et,

VerDate Mar 15 2010 04:22 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.071 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1686 CONGRESSIONAL RECORD — SENATE March 15, 2011 It is the sense of the Senate, that it should supplement or revision to such rules and ac- ‘‘(II) is not deemed to be a part of Federal lead by example and reduce the budget of the tions) are repealed and shall have no legal ef- law; and Senate by at least 5 percent. fect: ‘‘(III) is deemed to be stricken from the ‘‘(A) ‘Mandatory Reporting of Greenhouse plan described in clause (ii)(I) or the pro- SA 183. Mr. MCCONNELL proposed an Gases’, published at 74 Fed. Reg. 56260 (Octo- gram or permit described in clause (ii)(II), as amendment to the bill S. 493, to reau- ber 30, 2009). applicable. thorize and improve the SBIR and ‘‘(B) ‘Endangerment and Cause or Con- ‘‘(ii) PROVISIONS DEFINED.—For purposes of STTR programs, and for other pur- tribute Findings for Greenhouse Gases under clause (i), the term ‘provision’ means any section 202(a) of the Clean Air Act’ published poses; as follows: provision that— at 74 Fed. Reg. 66496 (Dec. 15, 2009). ‘‘(I) is contained in a State implementa- At the end, add the following: ‘‘(C) ‘Reconsideration of the Interpretation tion plan under section 110 and authorizes or TITLE VI—ENERGY TAX PREVENTION of Regulations That Determine Pollutants requires a limitation on, or imposes a permit SEC. 601. SHORT TITLE. Covered by Clean Air Act Permitting Pro- requirement for, the emission of a green- This title may be cited as the ‘‘Energy Tax grams’ published at 75 Fed. Reg. 17004 (April house gas to address climate change; or Prevention Act of 2011’’. 2, 2010) and the memorandum from Stephen ‘‘(II) is part of an operating permit pro- L. Johnson, Environmental Protection Agen- SEC. 602. NO REGULATION OF EMISSIONS OF gram under title V, or a permit issued pursu- GREENHOUSE GASES. cy (EPA) Administrator, to EPA Regional ant to title V, and authorizes or requires a Administrators, concerning ‘EPA’s Interpre- (a) IN GENERAL.—Title III of the Clean Air limitation on the emission of a greenhouse tation of Regulations that Determine Pollut- Act (42 U.S.C. 7601 et seq.) is amended by gas to address climate change. ants Covered by Federal Prevention of Sig- adding at the end the following: ‘‘(C) ACTION BY ADMINISTRATOR.—The Ad- nificant Deterioration (PSD) Permit Pro- ministrator may not approve or make feder- ‘‘SEC. 330. NO REGULATION OF EMISSIONS OF gram’ (Dec. 18, 2008). GREENHOUSE GASES. ally enforceable any provision described in ‘‘(D) ‘Prevention of Significant Deteriora- subparagraph (B)(ii).’’. ‘‘(a) DEFINITION.—In this section, the term tion and Title V Greenhouse Gas Tailoring SEC. 603. PRESERVING ONE NATIONAL STAND- ‘greenhouse gas’ means any of the following: Rule’, published at 75 Fed. Reg. 31514 (June 3, ‘‘(1) Water vapor. ARD FOR AUTOMOBILES. 2010). Section 209(b) of the Clean Air Act (42 ‘‘(2) Carbon dioxide. ‘‘(E) ‘Action To Ensure Authority To Issue ‘‘(3) Methane. U.S.C. 7543) is amended by adding at the end Permits Under the Prevention of Significant the following: ‘‘(4) Nitrous oxide. Deterioration Program to Sources of Green- ‘‘(5) Sulfur hexafluoride. ‘‘(4) With respect to standards for emis- house Gas Emissions: Finding of Substantial sions of greenhouse gases (as defined in sec- ‘‘(6) Hydrofluorocarbons. Inadequacy and SIP Call’, published at 75 ‘‘(7) Perfluorocarbons. tion 330) for model year 2017 or any subse- Fed. Reg. 77698 (December 13, 2010). quent model year for new motor vehicles and ‘‘(8) Any other substance subject to, or pro- ‘‘(F) ‘Action to Ensure Authority to Issue new motor vehicle engines— posed to be subject to, regulation, action, or Permits Under the Prevention of Significant ‘‘(A) the Administrator may not waive ap- consideration under this Act to address cli- Deterioration Program to Sources of Green- plication of subsection (a); and mate change. house Gas Emissions: Finding of Failure to ‘‘(B) no waiver granted prior to the date of ‘‘(b) LIMITATION ON AGENCY ACTION.— Submit State Implementation Plan Revi- enactment of this paragraph may be consid- ‘‘(1) LIMITATION.— sions Required for Greenhouse Gases’, pub- ered to waive the application of subsection ‘‘(A) IN GENERAL.—The Administrator may lished at 75 Fed. Reg. 81874 (December 29, (a).’’. not, under this Act, promulgate any regula- 2010). tion concerning, take action relating to, or ‘‘(G) ‘Action To Ensure Authority To Issue Mr. COBURN (for himself, take into consideration the emission of a Permits Under the Prevention of Significant SA 184. greenhouse gas to address climate change. Deterioration Program to Sources of Green- Ms. COLLINS, and Mrs. MCCASKILL) sub- ‘‘(B) AIR POLLUTANT DEFINITION.—The defi- house Gas Emissions: Federal Implementa- mitted an amendment intended to be nition of the term ‘air pollutant’ in section tion Plan’, published at 75 Fed. Reg. 82246 proposed by him to the bill S. 493, to 302(g) does not include a greenhouse gas. (December 30, 2010). reauthorize and improve the SBIR and Nothwithstanding the previous sentence, ‘‘(H) ‘Action To Ensure Authority To Im- STTR programs, and for other pur- such definition may include a greenhouse gas plement Title V Permitting Programs Under poses; which was ordered to lie on the for purposes of addressing concerns other the Greenhouse Gas Tailoring Rule’, pub- table; as follows: than climate change. lished at 75 Fed. Reg. 82254 (December 30, ‘‘(2) EXCEPTIONS.—Paragraph (1) does not 2010). At the end of title V, add the following: prohibit the following: ‘‘(I) ‘Determinations Concerning Need for SEC. ll. REQUIREMENT TO IDENTIFY AND DE- ‘‘(A) Notwithstanding paragraph (4)(B), im- Error Correction, Partial Approval and Par- SCRIBE PROGRAMS. plementation and enforcement of the rule tial Disapproval, and Federal Implementa- (a) Each fiscal year, the head of each Fed- entitled ‘Light-Duty Vehicle Greenhouse Gas tion Plan Regarding Texas Prevention of eral agency shall— Emission Standards and Corporate Average Significant Deterioration Program’, pub- (1) identify and describe every program ad- Fuel Economy Standards’ (75 Fed. Reg. 25324 lished at 75 Fed. Reg. 82430 (December 30, ministered by the agency, including the mis- (May 7, 2010) and without further revision) 2010). sion, goals, purpose, budget, and statutory and finalization, implementation, enforce- ‘‘(J) ‘Limitation of Approval of Prevention authority of each program; ment, and revision of the proposed rule enti- of Significant Deterioration Provisions Con- (2) report the list and description of pro- tled ‘Greenhouse Gas Emissions Standards cerning Greenhouse Gas Emitting-Sources in grams to the Office of Management and and Fuel Efficiency Standards for Medium- State Implementation Plans; Final Rule’, Budget, Congress, and the U.S. Government and Heavy-Duty Engines and Vehicles’ pub- published at 75 Fed. Reg. 82536 (December 30, Accountability Office; and lished at 75 Fed. Reg. 74152 (November 30, 2010). (3) post the list and description of pro- 2010). ‘‘(K) ‘Determinations Concerning Need for grams on the agency’s public website. ‘‘(B) Implementation and enforcement of Error Correction, Partial Approval and Par- (b) Not later than 120 days after the date of section 211(o). tial Disapproval, and Federal Implementa- enactment of this Act, the Director of the ‘‘(C) Statutorily authorized Federal re- tion Plan Regarding Texas Prevention of Office of Management and Budget shall pre- search, development, and demonstration pro- Significant Deterioration Program; Proposed scribe regulations to implement this section. grams addressing climate change. Rule’, published at 75 Fed. Reg. 82365 (De- (c) This section shall be implemented be- ‘‘(D) Implementation and enforcement of cember 30, 2010). ginning in the first full fiscal year occurring title VI to the extent such implementation ‘‘(L) Except for action listed in paragraph after the date of the enactment of this Act. or enforcement only involves one or more (2), any other Federal action under this Act class I or class II substances (as such terms occurring before the date of enactment of SA 185. Mr. CORNYN submitted an are defined in section 601). this section that applies a stationary source amendment intended to be proposed by ‘‘(E) Implementation and enforcement of permitting requirement or an emissions him to the bill S. 493, to reauthorize section 821 (42 U.S.C. 7651k note) of Public standard for a greenhouse gas to address cli- and improve the SBIR and STTR pro- Law 101–549 (commonly referred to as the mate change. grams, and for other purposes; which ‘Clean Air Act Amendments of 1990’). ‘‘(5) STATE ACTION.— was ordered to lie on the table; as fol- ‘‘(3) INAPPLICABILITY OF PROVISIONS.—Noth- ‘‘(A) NO LIMITATION.—This section does not ing listed in paragraph (2) shall cause a limit or otherwise affect the authority of a lows: greenhouse gas to be subject to part C of State to adopt, amend, enforce, or repeal At the appropriate place, insert the fol- title I (relating to prevention of significant State laws and regulations pertaining to the lowing: deterioration of air quality) or considered an emission of a greenhouse gas. SEC. ll. IMPROVED TRANSPARENCY. air pollutant for purposes of title V (relating ‘‘(B) EXCEPTION.— The Secretary of Health and Human Serv- to air permits). ‘‘(i) RULE.—Notwithstanding subparagraph ices shall publish on the Internet website of ‘‘(4) CERTAIN PRIOR AGENCY ACTIONS.—The (A), any provision described in clause (ii)— the Department of Health ad Human Serv- following rules, and actions (including any ‘‘(I) is not federally enforceable; ices any application submitted by any entity

VerDate Mar 15 2010 04:22 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.060 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1687 for a waiver from any requirement of the Pa- leader of the Senate from among the individ- to the extent authorized by law, furnish such tient Protection and Affordable Care Act uals initially appointed under subsection information, suggestions, estimates, and sta- (and the amendments made by that Act). (b)(1) to serve as vice-chairperson of the tistics directly to the Commission, upon re- Commission for a period of 2 years. quest made by the chairperson. SA 186. Mr. CORNYN submitted an (3) ALTERNATE APPOINTMENTS OF CHAIRMEN (4) SUPPORT SERVICES.— amendment intended to be proposed by AND VICE CHAIRMEN.—Following the termi- (A) GOVERNMENT ACCOUNTABILITY OFFICE.— him to the bill S. 493, to reauthorize nation of the 2-year period described under The Government Accountability Office is au- and improve the SBIR and STTR pro- paragraphs (1) and (2), the Speaker and the thorized on a reimbursable basis to provide grams, and for other purposes; which majority leader of the Senate shall alternate the Commission with administrative serv- was ordered to lie on the table; as fol- every 2 years in appointing the chairperson ices, funds, facilities, staff, and other sup- lows: and vice-chairperson of the Commission. port services for the performance of the func- (f) TERMS OF MEMBERS.— tions of the Commission. At the end of the bill, insert the following: (1) MEMBERS OF CONGRESS.—Each member (B) GENERAL SERVICES ADMINISTRATION.— TITLE ll—UNITED STATES AUTHORIZA- appointed to the Commission shall serve for The Administrator of General Services shall TION AND SUNSET COMMISSION ACT OF a term of 6 years, except that, of the mem- provide to the Commission on a reimburs- 2011 bers first appointed under paragraphs (1) and able basis such administrative support serv- SEC. l01. SHORT TITLE. (2) of subsection (b), two members shall be ices as the Commission may request. This title may be cited as the ‘‘United appointed to serve a term of 3 years. (C) AGENCIES.—In addition to the assist- States Authorization and Sunset Commis- (2) TERM LIMIT.—A member of the Commis- ance under subparagraphs (A) and (B), de- sion Act of 2011’’. sion who serves more than 3 years of a term partments and agencies of the United States SEC. l02. DEFINITIONS. may not be appointed to another term as a are authorized to provide to the Commission In this title— member. such services, funds, facilities, staff, and (1) the term ‘‘agency’’ means an Executive (g) INITIAL MEETING.—If, after 90 days after other support services as the Commission agency as defined under section 105 of title 5, the date of enactment of this title, five or may determine advisable as may be author- United States Code; more members of the Commission have been ized by law. (2) the term ‘‘Commission’’ means the appointed— (5) POSTAL SERVICES.—The Commission United States Authorization and Sunset (1) members who have been appointed may use the United States mails in the same Commission established under section l03; may— manner and under the same conditions as de- and (A) meet; and partments and agencies of the United States. (3) the term ‘‘Commission Schedule and (B) select a chairperson from among the (6) IMMUNITY.—The Commission is an agen- Review bill’’ means the proposed legislation members (if a chairperson has not been ap- cy of the United States for purposes of part submitted to Congress under section l04(b). pointed) who may serve as chairperson until V of title 18, United States Code (relating to SEC. l03. ESTABLISHMENT OF COMMISSION. the appointment of a chairperson; and immunity of witnesses). (a) ESTABLISHMENT.—There is established (2) the chairperson shall have the author- (7) DIRECTOR AND STAFF OF THE COMMIS- the United States Authorization and Sunset ity to begin the operations of the Commis- SION.— Commission. sion, including the hiring of staff. (A) DIRECTOR.—The chairperson of the (b) COMPOSITION.—The Commission shall be (h) MEETING; VACANCIES.—After its initial Commission may appoint a staff director and composed of eight members (in this title re- meeting, the Commission shall meet upon such other personnel as may be necessary to ferred to as the ‘‘members’’), as follows: the call of the chairperson or a majority of enable the Commission to carry out its func- (1) Four members appointed by the major- its members. Any vacancy in the Commis- tions, without regard to the provisions of ity leader of the Senate, one of whom may sion shall not affect its powers, but shall be title 5, United States Code, governing ap- include the majority leader of the Senate, filled in the same manner in which the origi- pointments in the competitive service and with minority members appointed with the nal appointment was made. without regard to the provisions of chapter consent of the minority leader of the Senate. (i) POWERS OF THE COMMISSION.— 51 and subchapter III of chapter 53 of that (2) Four members appointed by the Speak- (1) IN GENERAL.— title relating to classification and General er of the House of Representatives, one of (A) HEARINGS, TESTIMONY, AND EVIDENCE.— Schedule pay rates, except that no rate of whom may include the Speaker of the House The Commission may, for the purpose of car- pay fixed under this subsection may exceed of Representatives, with minority members rying out the provisions of this title— the equivalent of that payable to a person appointed with the consent of the minority (i) hold such hearings and sit and act at occupying a position at level II of the Execu- leader of the House of Representatives. such times and places, take such testimony, tive Schedule. Any Federal Government em- (3) The Director of the Congressional Budg- receive such evidence, administer such ployee may be detailed to the Commission et Office and the Comptroller of the Govern- oaths; and without reimbursement from the Commis- ment Accountability Office shall be non-vot- (ii) require, by subpoena or otherwise, the sion, and such detailee shall retain the ing ex officio members of the Commission. attendance and testimony of such witnesses rights, status, and privileges of his or her (c) QUALIFICATIONS OF MEMBERS.— and the production of such books, records, regular employment without interruption. (1) IN GENERAL.— correspondence, memoranda, papers, and (B) PERSONNEL AS FEDERAL EMPLOYEES.— (A) SENATE MEMBERS.—Of the members ap- documents, that the Commission or such (i) IN GENERAL.—The executive director pointed under subsection (b)(1), four shall be designated subcommittee or designated and any personnel of the Commission who members of the Senate (not more than two member may determine advisable. are employees shall be employees under sec- of whom may be of the same political party). (B) SUBPOENAS.—Subpoenas issued under tion 2105 of title 5, United States Code, for (B) HOUSE OF REPRESENTATIVE MEMBERS.— subparagraph (A)(ii) may be issued to require purposes of chapters 63, 81, 83, 84, 85, 87, 89, Of the members appointed under subsection attendance and testimony of witnesses and 89A, 89B, and 90 of that title. (b)(2), four shall be members of the House of the production of evidence relating to any (ii) MEMBERS OF COMMISSION.—Clause (i) Representatives, not more than two of whom matter under investigation by the Commis- shall not be construed to apply to members may be of the same political party. sion. of the Commission. (2) CONTINUATION OF MEMBERSHIP.— (C) ENFORCEMENT.—The provisions of sec- (C) PROCUREMENT OF TEMPORARY AND (A) IN GENERAL.—If a member was ap- tions 102 through 104 of the Revised Statutes INTERMITTENT SERVICES.—With the approval pointed to the Commission as a Member of of the United States (2 U.S.C. 192 through of the majority of the Commission, the Congress and the member ceases to be a 194) shall apply in the case of any failure of chairperson of the Commission may procure Member of Congress, that member shall any witness to comply with any subpoena or temporary and intermittent services under cease to be a member of the Commission. to testify when summoned under authority section 3109(b) of title 5, United States Code, (B) ACTIONS OF COMMISSION UNAFFECTED.— of this paragraph. at rates for individuals which do not exceed Any action of the Commission shall not be (2) CONTRACTING.—The Commission may the daily equivalent of the annual rate of affected as a result of a member becoming contract with and compensate government basic pay prescribed for level V of the Execu- ineligible under subparagraph (A). and private agencies or persons for services tive Schedule under section 5316 of such (d) INITIAL APPOINTMENTS.—Not later than without regard to section 3709 of the Revised title. 90 days after the date of enactment of this Statutes (41 U.S.C. 5) to enable the Commis- (8) COMPENSATION AND TRAVEL EXPENSES.— title, all initial appointments to the Com- sion to discharge its duties under this title. (A) COMPENSATION.—Members shall not be mission shall be made. (3) INFORMATION FROM FEDERAL AGENCIES.— paid by reason of their service as members. (e) CHAIRPERSON; VICE CHAIRPERSON.— The Commission is authorized to secure di- (B) TRAVEL EXPENSES.—Each member of (1) INITIAL CHAIRPERSON.—An individual rectly from any executive department, bu- the Commission shall be allowed travel ex- shall be designated by the Speaker of the reau, agency, board, commission, office, penses, including per diem in lieu of subsist- House of Representatives from among the independent establishment, or instrumen- ence, in accordance with sections 5702 and members initially appointed under sub- tality of the Government, information, sug- 5703(b) of title 5, United States Code. section (b)(2) to serve as chairperson of the gestions, estimates, and statistics for the (j) AUTHORIZATION OF APPROPRIATIONS.— Commission for a period of 2 years. purposes of this section. Each such depart- There are authorized to be appropriated such (2) INITIAL VICE CHAIRPERSON.—An indi- ment, bureau, agency, board, commission, of- sums as necessary for the purposes of car- vidual shall be designated by the majority fice, establishment, or instrumentality shall, rying out the duties of the Commission.

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(k) TERMINATION.—The Commission shall a Commission Schedule and Review bill (C) DISCHARGE OF COMMITTEE.—If a com- terminate on December 31, 2041. that— mittee to which is referred a bill has not re- SEC. l04. DUTIES AND RECOMMENDATIONS OF (A) includes a schedule for review of agen- ported such bill at the end of 30 calendar THE UNITED STATES AUTHORIZA- cies and programs; and days after its introduction or at the end of TION AND SUNSET COMMISSION. (B) abolishes any agency or program 2 the first day after there has been reported to (a) SCHEDULE AND REVIEW.— years after the date the Commission com- the House involved a bill, whichever is ear- (1) IN GENERAL.—Not later than 18 months pletes its review of the agency or program, lier, such committee shall be deemed to be after the date of the enactment of this title unless the agency or program is reauthorized discharged from further consideration of and at least once every 10 years thereafter, by Congress. such bill, and such bill shall be placed on the the Commission shall submit to Congress a (2) EXPEDITED CONGRESSIONAL CONSIDER- appropriate calendar of the House involved. legislative proposal that includes the sched- ATION PROCEDURES.—In reviewing the Com- (b) EXPEDITED PROCEDURE.— ule of review and abolishment of agencies mission Schedule and Review bill, Congress (1) CONSIDERATION.— and programs (in this section referred to as shall follow the expedited procedures under (A) IN GENERAL.—Not later than 5 calendar the ‘‘Commission Schedule and Review section l06. days after the date on which a committee bill’’). (c) RECOMMENDATIONS AND LEGISLATIVE has been discharged from consideration of a bill, the majority leader of the Senate, or the (2) SCHEDULE.—The schedule of the Com- PROPOSALS.— majority leader’s designee, or the Speaker of mission shall provide a timeline for the Com- (1) REPORT.—Not later than 2 years after the House of Representatives, or the Speak- mission’s review and proposed abolishment the date of enactment of this title, the Com- er’s designee, shall move to proceed to the of— mission shall submit to Congress and the consideration of the committee amendment (A) at least 25 percent of unauthorized President— to the bill, and if there is no such amend- agencies or programs as measured in dollars, (A) a report that reviews and analyzes ac- ment, to the bill. It shall also be in order for including those identified by the Congres- cording to the criteria established under sub- any member of the Senate or the House of sional Budget Office under section 602(e)(3) of section (a)(4) for each agency and program to Representatives, respectively, to move to title 2, United States Code; and be reviewed in the year in which the report proceed to the consideration of the bill at (B) at least 25 percent of the agencies and is submitted under the schedule submitted to Congress under subsection (a)(1); any time after the conclusion of such 5-day programs with duplicative goals and activi- period. ties within Departments and government- (B) a proposal, if appropriate, to reauthor- (B) MOTION TO PROCEED.—A motion to pro- ize, reorganize, consolidate, expand, or trans- wide as measured in dollars identified by the ceed to the consideration of a bill is highly fer the Federal programs and agencies to be Comptroller General of the Government Ac- privileged in the House of Representatives reviewed in the year in which the report is countability Office under section 21 of the and is privileged in the Senate and is not de- submitted under the schedule submitted to Statutory Pay-As-You-Go Act of 2010 (P. L. batable. The motion is not subject to amend- Congress under subsection (a)(1); and 111-139; 31 U.S.C. 712 note). ment, to a motion to postpone consideration (C) legislative provisions necessary to im- (3) REVIEW OF AGENCIES.—In determining of the bill, or to a motion to proceed to the plement the Commission’s proposal and rec- the schedule for review and abolishment of consideration of other business. A motion to ommendations. agencies under paragraph (1), the Commis- reconsider the vote by which the motion to DDITIONAL REPORTS.—The Commission sion shall provide that any agency that per- (2) A proceed is agreed to or not agreed to shall forms similar or related functions be re- shall submit to Congress and the President not be in order. If the motion to proceed is viewed concurrently. additional reports as prescribed under para- agreed to, the Senate or the House of Rep- (4) CRITERIA AND REVIEW.—The Commission graph (1) on or before June 30 of every other resentatives, as the case may be, shall imme- shall review each agency and program identi- year. diately proceed to consideration of the bill fied under paragraph (1) in accordance with (d) RULE OF CONSTRUCTION.—Nothing in without intervening motion, order, or other the following criteria as applicable: this section shall be construed to limit the business, and the bill shall remain the unfin- (A) The effectiveness and the efficiency of power of the Commission to review any Fed- ished business of the Senate or the House of the program or agency. eral program or agency. Representatives, as the case may be, until (B) The achievement of performance goals (e) APPROVAL OF REPORTS.—The Commis- disposed of. (as defined under section 1115(g)(4) of title 31, sion Schedule and Review bill and all other (C) LIMITED DEBATE.—Debate on the bill United States Code). legislative proposals and reports submitted and all amendments thereto and on all de- (C) The management of the financial and under this section shall require the approval batable motions and appeals in connection personnel issues of the program or agency. of not less than five members of the Commis- therewith shall be limited to not more than (D) Whether the program or agency has sion. 50 hours, which shall be divided equally be- fulfilled the legislative intent surrounding SEC. l05. EXPEDITED CONSIDERATION OF COM- tween those favoring and those opposing the its creation, taking into account any change MISSION RECOMMENDATIONS. bill. A motion further to limit debate on the in legislative intent during the existence of (a) INTRODUCTION AND COMMITTEE CONSID- bill is in order and is not debatable. All time the program or agency. ERATION.— used for consideration of the bill, including (E) Ways the agency or program could be (1) INTRODUCTION.—If any legislative pro- time used for quorum calls (except quorum less burdensome but still efficient in pro- posal with provisions is submitted to Con- calls immediately preceding a vote) and vot- tecting the public. gress under section l04(c), a bill with that ing, shall come from the 50 hours of debate. (F) Whether reorganization, consolidation, proposal and provisions shall be introduced (D) AMENDMENTS.—No amendment that is abolishment, expansion, or transfer of agen- in the Senate by the majority leader, and in not germane to the provisions of the bill cies or programs would better enable the the House of Representatives, by the Speak- shall be in order in the Senate. In the Sen- Federal Government to accomplish its mis- er. Upon introduction, the bill shall be re- ate, an amendment, any amendment to an sions and goals. ferred to the appropriate committees of Con- amendment, or any debatable motion or ap- (G) The promptness and effectiveness of an gress under paragraph (2). If the bill is not peal is debatable for not to exceed 1 hour to agency in handling complaints and requests introduced in accordance with the preceding be divided equally between those favoring made under section 552 of title 5, United sentence, then any Member of Congress may and those opposing the amendment, motion, States Code (commonly referred to as the introduce that bill in their respective House or appeal. Freedom of Information Act). of Congress beginning on the date that is the (E) VOTE ON FINAL PASSAGE.—Immediately (H) The extent that the agency encourages 5th calendar day that such House is in ses- following the conclusion of the debate on the and uses public participation when making sion following the date of the submission of bill, and the disposition of any pending rules and decisions. such proposal with provisions. amendments under subparagraph (D), the (I) The record of the agency in complying (2) COMMITTEE CONSIDERATION.— vote on final passage of the bill shall occur. with requirements for equal employment op- (A) REFERRAL.—A bill introduced under (F) OTHER MOTIONS NOT IN ORDER.—A mo- portunity, the rights and privacy of individ- paragraph (1) shall be referred to any appro- tion to postpone consideration of the bill, a uals, and purchasing products from histori- priate committee of jurisdiction in the Sen- motion to proceed to the consideration of cally underutilized businesses. ate, any appropriate committee of jurisdic- other business, or a motion to recommit the (J) The extent to which the program or tion in the House of Representatives, the bill is not in order. A motion to reconsider agency duplicates or conflicts with other Committee on the Budget and the Com- the vote by which the bill is agreed to or not Federal agencies, State or local government, mittee on Homeland Security and Govern- agreed to is not in order. or the private sector and if consolidation or mental Affairs of the Senate, and the Com- (2) CONSIDERATION BY OTHER HOUSE.—If, be- streamlining into a single agency or program mittee on the Budget and the Committee on fore the passage by one House of the bill that is feasible. Homeland Security and Governmental Af- was introduced in such House, such House re- (b) SCHEDULE AND ABOLISHMENT OF AGEN- fairs of the House of Representatives. ceives from the other House a bill as passed CIES AND PROGRAMS.— (B) REPORTING.—Not later than 30 calendar by such other House— (1) IN GENERAL.—Not later than 18 months days after the introduction of the bill, each (A) the bill of the other House shall not be after the date of the enactment of this title committee of Congress to which the bill was referred to a committee and may only be and at least once every 10 years thereafter, referred shall report the bill or a committee considered for final passage in the House the Commission shall submit to the Congress amendment thereto. that receives it under subparagraph (C);

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(B) the procedure in the House in receipt of extent that it is inconsistent with such (B) MOTION TO PROCEED.—A motion to pro- the bill of the other House, with respect to rules; and ceed to the consideration of a Commission the bill that was introduced in the House in (2) with full recognition of the constitu- Schedule and Review bill is highly privileged receipt of the bill of the other House, shall tional right of either House to change the in the House of Representatives and is privi- be the same as if no bill had been received rules (so far as they relate to the procedure leged in the Senate and is not debatable. The from the other House; and of that House) at any time, in the same man- motion is not subject to amendment, to a (C) notwithstanding subparagraph (B), the ner, and to the same extent as in the case of motion to postpone consideration of the vote on final passage shall be on the bill of any other rule of that House. Commission Schedule and Review bill, or to the other House. SEC. l06. EXPEDITED CONSIDERATION OF COM- a motion to proceed to the consideration of Upon disposition of a bill that is received by MISSION SCHEDULE AND REVIEW other business. A motion to reconsider the one House from the other House, it shall no BILL. vote by which the motion to proceed is longer be in order to consider the bill that (a) INTRODUCTION AND COMMITTEE CONSID- agreed to or not agreed to shall not be in was introduced in the receiving House. ERATION.— order. If the motion to proceed is agreed to, (3) CONSIDERATION IN CONFERENCE.— (1) INTRODUCTION.—The Commission Sched- the Senate or the House of Representatives, (A) CONVENING OF CONFERENCE.—Imme- ule and Review bill submitted under section as the case may be, shall immediately pro- diately upon final passage of a bill that re- l04(b) shall be introduced in the Senate by ceed to consideration of the Commission sults in a disagreement between the two the majority leader, or the majority leader’s Schedule and Review bill without inter- Houses of Congress with respect to a bill, designee, and in the House of Representa- vening motion, order, or other business, and conferees shall be appointed and a con- tives, by the Speaker, or the Speaker’s des- the Commission Schedule and Review bill ference convened. ignee. Upon such introduction, the Commis- shall remain the unfinished business of the (B) ACTION ON CONFERENCE REPORTS IN THE sion Schedule and Review bill shall be re- Senate or the House of Representatives, as SENATE.— ferred to the appropriate committees of Con- the case may be, until disposed of. (i) MOTION TO PROCEED.—The motion to (C) LIMITED DEBATE.—Debate on the Com- gress under paragraph (2). If the Commission proceed to consideration in the Senate of the mission Schedule and Review bill and on all Schedule and Review bill is not introduced in conference report on a bill may be made even debatable motions and appeals in connection accordance with the preceding sentence, though a previous motion to the same effect therewith shall be limited to not more than then any member of Congress may introduce has been disagreed to. 10 hours, which shall be divided equally be- the Commission Schedule and Review bill in (ii) DEBATE.—Consideration in the Senate tween those favoring and those opposing the their respective House of Congress beginning of the conference report (including a mes- Commission Schedule and Review bill. A mo- on the date that is the 5th calendar day that sage between Houses) on a bill, and all tion further to limit debate on the Commis- such House is in session following the date of amendments in disagreement, including all sion Schedule and Review bill is in order and amendments thereto, and debatable motions the submission of such aggregate legislative is not debatable. All time used for consider- and appeals in connection therewith, shall be language provisions. ation of the Commission Schedule and Re- limited to 20 hours, equally divided and con- (2) COMMITTEE CONSIDERATION.— view bill, including time used for quorum trolled by the majority leader and the mi- (A) REFERRAL.—A Commission Schedule calls (except quorum calls immediately pre- nority leader or their designees. Debate on and Review bill introduced under paragraph ceding a vote) and voting, shall come from any debatable motion or appeal related to (1) shall be referred to any appropriate com- the 10 hours of debate. the conference report (or a message between mittee of jurisdiction in the Senate, any ap- (D) AMENDMENTS.—No amendment to the Houses) shall be limited to 1 hour, to be propriate committee of jurisdiction in the Commission Schedule and Review bill shall equally divided between, and controlled by, House of Representatives, the Committee on be in order in the Senate and the House of the mover and the manager of the conference the Budget and the Committee on Homeland Representatives. report (or a message between Houses). Security and Governmental Affairs of the (E) VOTE ON FINAL PASSAGE.—Immediately (iii) CONFERENCE REPORT DEFEATED.— Senate and the Committee on the Budget following the conclusion of the debate on the Should the conference report be defeated, de- and the Committee on Oversight and Govern- Commission Schedule and Review bill, the bate on any request for a new conference and ment Reform of the House of Representa- vote on final passage of the Commission the appointment of conferrees shall be lim- tives. A committee to which a Commission Schedule and Review bill shall occur. ited to 1 hour, to be equally divided between, Schedule and Review bill is referred under (F) OTHER MOTIONS NOT IN ORDER.—A mo- and controlled by, the manager of the con- this paragraph may review and comment on tion to postpone consideration of the Com- ference report and the minority leader or the such bill, may report such bill to the respec- mission Schedule and Review bill, a motion minority leader’s designee, and should any tive House, and may not amend such bill. to proceed to the consideration of other busi- motion be made to instruct the conferees be- (B) REPORTING.—Not later than 30 calendar ness, or a motion to recommit the Commis- fore the conferees are named, debate on such days after the introduction of the Commis- sion Schedule and Review bill is not in order. motion shall be limited to 1⁄2 hour, to be sion Schedule and Review bill, each Com- A motion to reconsider the vote by which equally divided between, and controlled by, mittee of Congress to which the Commission the Commission Schedule and Review bill is the mover and the manager of the conference Schedule and Review bill was referred shall agreed to or not agreed to is not in order. report. Debate on any amendment to any report the bill. (2) CONSIDERATION BY OTHER HOUSE.—If, be- such instructions shall be limited to 20 min- (C) DISCHARGE OF COMMITTEE.—If a com- fore the passage by one House of the Com- utes, to be equally divided between and con- mittee to which is referred a Commission mission Schedule and Review bill that was trolled by the mover and the manager of the Schedule and Review bill has not reported introduced in such House, such House re- conference report. In all cases when the man- such Commission Schedule and Review bill ceives from the other House a Commission ager of the conference report is in favor of at the end of 30 calendar days after its intro- Schedule and Review bill as passed by such any motion, appeal, or amendment, the time duction or at the end of the first day after other House— in opposition shall be under the control of there has been reported to the House in- (A) the Commission Schedule and Review the minority leader or the minority leader’s volved a Commission Schedule and Review bill of the other House shall not be referred designee. bill, whichever is earlier, such committee to a committee and may only be considered (iv) AMENDMENTS IN DISAGREEMENT.—In shall be deemed to be discharged from fur- for final passage in the House that receives any case in which there are amendments in ther consideration of such Commission it under subparagraph (C); disagreement, time on each amendment Schedule and Review bill, and such Commis- (B) the procedure in the House in receipt of shall be limited to 30 minutes, to be equally sion Schedule and Review bill shall be placed the Commission Schedule and Review bill of divided between, and controlled by, the man- on the appropriate calendar of the House in- the other House, with respect to the Com- ager of the conference report and the minor- volved. mission Schedule and Review bill that was ity leader or the minority leader’s designee. (b) EXPEDITED PROCEDURE.— introduced in the House in receipt of the No amendment that is not germane to the (1) CONSIDERATION.— Commission Schedule and Review bill of the provisions of such amendments shall be re- (A) IN GENERAL.—Not later than 5 calendar other House, shall be the same as if no Com- ceived. days after the date on which a committee mission Schedule and Review bill had been (v) LIMITATION ON MOTION TO RECOMMIT.—A has been discharged from consideration of a received from the other House; and motion to recommit the conference report is Commission Schedule and Review bill, the (C) notwithstanding subparagraph (B), the not in order. majority leader of the Senate, or the major- vote on final passage shall be on the Com- (c) RULES OF THE SENATE AND THE HOUSE OF ity leader’s designee, or the Speaker of the mission Schedule and Review bill of the REPRESENTATIVES.—This section is enacted House of Representatives, or the Speaker’s other House. Upon disposition of a Commis- by Congress— designee, shall move to proceed to the con- sion Schedule and Review bill that is re- (1) as an exercise of the rulemaking power sideration of the Commission Schedule and ceived by one House from the other House, it of the Senate and the House of Representa- Review bill. It shall also be in order for any shall no longer be in order to consider the tives, respectively, and is deemed to be part member of the Senate or the House of Rep- Commission Schedule and Review bill that of the rules of each House, respectively, but resentatives, respectively, to move to pro- was introduced in the receiving House. applicable only with respect to the procedure ceed to the consideration of the Commission (c) RULES OF THE SENATE AND THE HOUSE OF to be followed in that House in the case of a Schedule and Review bill at any time after REPRESENTATIVES.—This section is enacted bill, and it supersedes other rules only to the the conclusion of such 5-day period. by Congress—

VerDate Mar 15 2010 03:18 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.067 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1690 CONGRESSIONAL RECORD — SENATE March 15, 2011 (1) as an exercise of the rulemaking power ‘‘(vi) forest products or agriculture, loan association for activities that are a part of the Senate and the House of Representa- ‘‘(vii) information technology, communica- of its normal course of business. tives, respectively, and is deemed to be part tion technology, digital media, or photonics, ‘‘(e) NATIONAL LIMITATION ON AMOUNT OF of the rules of each House, respectively, but ‘‘(viii) life sciences or medical sciences, INVESTMENTS DESIGNATED.— applicable only with respect to the procedure ‘‘(ix) marine technology or aquaculture, ‘‘(1) IN GENERAL.—There is an angel invest- to be followed in that House in the case of a ‘‘(x) transportation, or ment tax credit limitation of $500,000,000 for Commission Schedule and Review bill, and it ‘‘(xi) any other high technology trade or each of calendar years 2011 through 2015. supersedes other rules only to the extent business as determined by the Secretary, ‘‘(2) ALLOCATION OF LIMITATION.—The limi- that it is inconsistent with such rules; and ‘‘(D) has been in existence for less than 5 tation under paragraph (1) shall be allocated (2) with full recognition of the constitu- years as of the date of the qualified equity by the Secretary among qualified small busi- tional right of either House to change the investment, ness entities selected by the Secretary. rules (so far as they relate to the procedure ‘‘(E) employs less than 100 full-time equiv- ‘‘(3) CARRYOVER OF UNUSED LIMITATION.—If of that House) at any time, in the same man- alent employees as of the date of such in- the angel investment tax credit limitation ner, and to the same extent as in the case of vestment, for any calendar year exceeds the aggregate any other rule of that House. ‘‘(F) has more than 50 percent of the em- amount allocated under paragraph (2) for ployees performing substantially all of their such year, such limitation for the succeeding SA 187. Mr. PRYOR (for himself and services in the United States as of the date calendar year shall be increased by the Mr. BROWN of Massachusetts) sub- of such investment, and amount of such excess. No amount may be mitted an amendment intended to be ‘‘(G) has equity investments designated for carried under the preceding sentence to any purposes of this paragraph. proposed by him to the bill S. 493, to calendar year after 2020. ‘‘(2) DESIGNATION OF EQUITY INVESTMENTS.— ‘‘(f) APPLICATION WITH OTHER CREDITS.— reauthorize and improve the SBIR and For purposes of paragraph (1)(G), an equity ‘‘(1) BUSINESS CREDIT TREATED AS PART OF STTR programs, and for other pur- investment shall not be treated as des- GENERAL BUSINESS CREDIT.—Except as pro- poses; which was ordered to lie on the ignated if such designation would result in vided in paragraph (2), the credit which the aggregate amount which may be taken table; as follows: would be allowed under subsection (a) for into account under this section with respect At the end of title V, add the following: any taxable year (determined without regard to equity investments in such corporation or SEC. 504. ANGEL INVESTMENT TAX CREDIT. to this subsection) shall be treated as a cred- partnership exceeds— (a) IN GENERAL.—Subpart B of part IV of it listed in section 38(b) for such taxable year ‘‘(A) $10,000,000, taking into account the subchapter A of chapter 1 of the Internal (and not allowed under subsection (a)). total amount of all qualified equity invest- Revenue Code of 1986 is amended by adding ‘‘(2) PERSONAL CREDIT.— ments made by all taxpayers for the taxable at the end the following new section: ‘‘(A) IN GENERAL.—In the case of an indi- year and all preceding taxable years, ‘‘SEC. 30E. ANGEL INVESTMENT TAX CREDIT. ‘‘(B) $2,000,000, taking into account the vidual who elects the application of this ‘‘(a) ALLOWANCE OF CREDIT.—There shall be total amount of all qualified equity invest- paragraph, for purposes of this title, the allowed as a credit against the tax imposed ments made by all taxpayers for such tax- credit allowed under subsection (a) for any by this chapter for the taxable year an able year, and taxable year (determined after application of amount equal to 25 percent of the qualified ‘‘(C) $1,000,000, taking into account the paragraph (1)) shall be treated as a credit al- equity investments made by a qualified in- total amount of all qualified equity invest- lowable under subpart A for such taxable vestor during the taxable year. ments made by the taxpayer for such taxable year. ‘‘(b) QUALIFIED EQUITY INVESTMENT.—For year. ‘‘(B) LIMITATION BASED ON AMOUNT OF purposes of this section— ‘‘(d) QUALIFIED INVESTOR.—For purposes of TAX.—In the case of a taxable year to which ‘‘(1) IN GENERAL.—The term ‘qualified eq- this section— section 26(a)(2) does not apply, the credit al- uity investment’ means any equity invest- ‘‘(1) IN GENERAL.—The term ‘qualified in- lowed under subpart A for any taxable year ment in a qualified small business entity if— vestor’ means an accredited investor, as de- (determined after application of paragraph ‘‘(A) such investment is acquired by the fined by the Securities and Exchange Com- (1)) by reason of subparagraph (A) shall not taxpayer at its original issue (directly or mission, investor network, or investor fund exceed the excess of— through an underwriter) solely in exchange who review new or proposed businesses for ‘‘(i) the sum of the regular tax liability (as for cash, and potential investment. defined in section 26(b)) plus the tax imposed ‘‘(B) such investment is designated for pur- ‘‘(2) INVESTOR NETWORK.—The term ‘inves- by section 55, over poses of this section by the qualified small tor network’ means a group of accredited in- ‘‘(ii) the sum of the credits allowable under business entity. vestors organized for the sole purpose of subpart A (other than this section) and sec- ‘‘(2) EQUITY INVESTMENT.—The term ‘equity making qualified equity investments. tion 27 for the taxable year. investment’ means— ‘‘(3) INVESTOR FUND.— ‘‘(C) CARRYFORWARD OF UNUSED CREDIT.—If ‘‘(A) any form of equity, including a gen- ‘‘(A) IN GENERAL.—The term ‘investor fund’ the credit allowable under subsection (a) by eral or limited partnership interest, common means a corporation that for the applicable reason of subparagraph (A) exceeds the limi- stock, preferred stock (other than non- taxable year is treated as an S corporation tation imposed by section 26(a)(1) or subpara- qualified preferred stock as defined in sec- or a general partnership, limited partner- graph (B), whichever is applicable, for such tion 351(g)(2)), with or without voting rights, ship, limited liability partnership, trust, or taxable year, reduced by the sum of the cred- without regard to seniority position and limited liability company and which for the its allowable under subpart A (other than whether or not convertible into common applicable taxable year is not taxed as a cor- this section) for such taxable year, such ex- stock or any form of subordinate or convert- poration. cess shall be carried to each of the suc- ible debt, or both, with warrants or other ‘‘(B) ALLOCATION OF CREDIT.— ceeding 20 taxable years to the extent that means of equity conversion, and ‘‘(i) IN GENERAL.—Except as provided in such unused credit may not be taken into ac- ‘‘(B) any capital interest in an entity clause (ii), the credit allowed under sub- count under subsection (a) by reason of sub- which is a partnership. section (a) shall be allocated to the share- paragraph (A) for a prior taxable year be- ‘‘(3) REDEMPTIONS.—A rule similar to the holders or partners of the investor fund in cause of such limitation. rule of section 1202(c)(3) shall apply for pur- proportion to their ownership interest or as ‘‘(g) SPECIAL RULES.— poses of this subsection. specified in the fund’s organizational docu- ‘‘(1) RELATED PARTIES.—For purposes of ‘‘(c) QUALIFIED SMALL BUSINESS ENTITY.— ments, except that tax-exempt investors this section— For purposes of this section— shall be allowed to transfer their interest to ‘‘(A) IN GENERAL.—All related persons shall ‘‘(1) IN GENERAL.—The term ‘qualified investors within the fund in exchange for fu- be treated as 1 person. small business entity’ means any domestic ture financial consideration. ‘‘(B) RELATED PERSONS.—A person shall be corporation or partnership if such corpora- ‘‘(ii) SINGLE MEMBER LIMITED LIABILITY treated as related to another person if the tion or partnership— COMPANY.—If the investor fund is a single relationship between such persons would re- ‘‘(A) is a small business (as defined in sec- member limited liability company that is sult in the disallowance of losses under sec- tion 41(b)(3)(D)(iii)), disregarded as an entity separate from its tion 267 or 707(b). ‘‘(B) has its headquarters in the United owner, the credit allowed under subsection ‘‘(2) BASIS.—For purposes of this subtitle, States, (a) may be claimed by such limited liability the basis of any investment with respect to ‘‘(C) is engaged in a high technology trade company’s owner, if such owner is a person which a credit is allowable under this section or business related to— subject to the tax under this title. shall be reduced by the amount of such cred- ‘‘(i) advanced materials, nanotechnology, ‘‘(4) EXCLUSION.—The term ‘qualified inves- it so allowed. This subsection shall not apply or precision manufacturing, tor’ does not include— for purposes of sections 1202, 1397B, and ‘‘(ii) aerospace, aeronautics, or defense, ‘‘(A) a person controlling at least 50 per- 1400B. ‘‘(iii) biotechnology or pharmaceuticals, cent of the qualified small business entity, ‘‘(3) RECAPTURE.—The Secretary shall, by ‘‘(iv) electronics, semiconductors, soft- ‘‘(B) an employee of such entity, or regulations, provide for recapturing the ben- ware, or computer technology, ‘‘(C) any bank, bank and trust company, efit of any credit allowable under subsection ‘‘(v) energy, environment, or clean tech- insurance company, trust company, national (a) with respect to any qualified equity in- nologies, bank, savings association or building and vestment which is held by the taxpayer less

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than 3 years, except that no benefit shall be retary’s delegate shall prescribe regulations ‘‘(b) SMALL BUSINESS SAVINGS ACCOUNT.— recaptured in the case of— which specify— For purposes of this title, the term ‘Small ‘‘(A) transfer of such investment by reason (1) how small business entities shall apply Business Savings Account’ means a tax pre- of the death of the taxpayer, for an allocation under section 30E(e)(2) of ferred savings plan which is designated at ‘‘(B) transfer between spouses, the Internal Revenue Code of 1986, as added the time of establishment of the plan as a ‘‘(C) transfer incident to the divorce (as de- by this section, Small Business Savings Account. Such des- fined in section 1041) of such taxpayer, or (2) the competitive procedure through ignation shall be made in such manner as the ‘‘(D) a transaction to which section 381(a) which such allocations are made, Secretary may prescribe. applies (relating to certain acquisitions of (3) the criteria for determining an alloca- ‘‘(c) TREATMENT OF CONTRIBUTIONS.— the assets of one corporation by another cor- tion to a small business entity, including— ‘‘(1) NO DEDUCTION ALLOWED.—No deduction poration). (A) whether the small business entity is lo- shall be allowed under section 219 for a con- ‘‘(h) REGULATIONS.—The Secretary shall cated in a State that is historically under- tribution to a Small Business Savings Ac- prescribe such regulations as may be appro- served by angel investors and venture capital count. priate to carry out this section, including investors, ‘‘(2) CONTRIBUTION LIMIT.— regulations— (B) whether the small business entity has ‘‘(A) IN GENERAL.—The aggregate amount ‘‘(1) which prevent the abuse of the pur- received an angel investment tax credit, or of contributions for any taxable year to all poses of this section, its equivalent, from the State in which the Small Business Savings Accounts main- ‘‘(2) which impose appropriate reporting re- small business entity is located and reg- tained for the benefit of an individual shall quirements, and istered, not exceed $10,000. ‘‘(3) which apply the provisions of this sec- (C) whether small business entities in ‘‘(B) AGGREGATE LIMITATION.—The aggre- tion to newly formed entities.’’. low-, medium-, and high-population density gate of the amounts which may be taken into account under subparagraph (A) for all (b) CREDIT MADE PART OF GENERAL BUSI- States are receiving allocations, and taxable years with respect to all Small Busi- NESS CREDIT.—Subsection (b) of section 38 of (D) whether the small business entity has ness Savings Accounts maintained for the the Internal Revenue Code of 1986 is amend- been awarded a Small Business Innovative benefit of an individual shall not exceed ed— Research or Small Business Technology $150,000. (1) in paragraph (35), by striking ‘‘plus’’; Transfer grant from a Federal agency, ‘‘(C) COST OF LIVING ADJUSTMENT.—The (2) in paragraph (36), by striking the period (4) the actions that such Secretary or dele- Secretary shall adjust annually the $10,000 at the end and inserting ‘‘, plus’’; and gate shall take to ensure that such alloca- amount in subparagraph (A) for increases in (3) by adding at the end the following new tions are properly made to qualified small the cost-of-living at the same time and in paragraph: business entities, and the same manner as adjustments under sec- ‘‘(37) the portion of the angel investment (5) the actions that such Secretary or dele- tion 415(d); except that the base period shall tax credit to which section 30E(f)(1) ap- gate shall take to ensure that angel invest- be the calendar quarter beginning July 1, plies.’’. ment tax credits are allocated and issued to 2011, and any increase which is not a mul- (c) CONFORMING AMENDMENTS.— the taxpayer. tiple of $500 shall be rounded to the next low- (1) Section 1016(a) of the Internal Revenue (g) AUDIT AND REPORT.—Not later than est multiple of $500. Code of 1986 is amended by striking ‘‘and’’ at January 31, 2014, the Comptroller General of ‘‘(3) CONTRIBUTIONS PERMITTED AFTER AGE the end of paragraph (36), by striking the pe- the United States, pursuant to an audit of 701⁄2.—Contributions to a Small Business Sav- riod at the end of paragraph (37) and insert- the angel investment tax credit program es- ings Account may be made even after the in- ing ‘‘, and’’, and by inserting after paragraph tablished under section 30E of the Internal dividual for whom the account is maintained (37) the following new paragraph: Revenue Code of 1986 (as added by subsection has attained age 701⁄2. ‘‘(38) to the extent provided in section (a)), shall report to Congress on such pro- ‘‘(4) ROLLOVERS FROM RETIREMENT PLANS 30E(g)(2).’’. gram, including all qualified small business NOT ALLOWED.—A taxpayer shall not be al- (2) Section 24(b)(3)(B) of such Code is entities that receive an allocation of an lowed to make a qualified rollover contribu- amended by striking ‘‘and 30D’’ and inserting angel investment credit under such section. tion to a Small Business Savings Account ‘‘30D, and 30E’’. (h) RESCISSION OF UNSPENT FEDERAL FUNDS from any qualified retirement plan (as de- (3) Section 25(e)(1)(C)(ii) of such Code is TO OFFSET LOSS IN REVENUES.— fined in section 4974(c)). amended by inserting ‘‘30E,’’ after ‘‘30D,’’. (1) IN GENERAL.—Notwithstanding any ‘‘(d) DISTRIBUTION RULES.—For purposes of (4) Section 25A(i)(5)(B) of such Code is other provision of law, of all available unob- this title— amended by striking ‘‘and 30D’’ and inserting ligated funds, $5,000,000,000 in appropriated ‘‘(1) GENERAL RULES.— ‘‘, 30D, and 30E’’. discretionary funds are hereby rescinded. ‘‘(A) LIMITATIONS ON DISTRIBUTIONS.—All (5) Section 25A(i)(5) of such Code is amend- (2) IMPLEMENTATION.—The Director of the qualified distributions from a Small Busi- ed by inserting ‘‘30E,’’ after ‘‘30D,’’. Office of Management and Budget shall de- ness Savings Account— (6) Section 25B(g)(2) of such Code is amend- termine and identify from which appropria- ‘‘(i) shall be limited to a single business, ed by striking ‘‘and 30D’’ and inserting ‘‘30D, tion accounts the rescission under paragraph and and 30E’’. (1) shall apply and the amount of such rescis- ‘‘(ii) must be disbursed not later than the (7) Section 26(a)(1) of such Code is amended sion that shall apply to each such account. last day of the 5th taxable year beginning by striking ‘‘and 30D’’ and inserting ‘‘30D, Not later than 60 days after the date of the after the initial disbursement. and 30E’’. enactment of this Act, the Director of the ‘‘(B) EXCLUSIONS FROM GROSS INCOME.—Any (8) Section 30(c)(2)(B)(ii) of such Code is Office of Management and Budget shall sub- qualified distribution from a Small Business amended by striking ‘‘and 30D’’ and inserting mit a report to the Secretary of the Treas- Savings Account shall not be includible in ‘‘, 30D, and 30E’’. ury and Congress of the accounts and gross income. (9) Section 30B(g)(2)(B)(ii) of such Code is amounts determined and identified for re- ‘‘(2) QUALIFIED DISTRIBUTION.—For purposes amended by striking ‘‘and 30D’’ and inserting scission under the preceding sentence. of this subsection, the term ‘qualified dis- ‘‘30D, and 30E’’. tribution’ means any payment or distribu- (10) Section 30D(d)(2)(B)(ii) of such Code is SA 188. Mr. PRYOR (for himself, Mr. tion made for operating capital, the purchase amended by striking ‘‘and 25D’’ and inserting KOHL, and Mr. BROWN of Massachu- of equipment or facilities, marketing, train- ‘‘, 25D, and 30E’’. setts) submitted an amendment in- ing, incorporation, and accounting fees. (11) Section 904(i) of such Code is amended tended to be proposed by him to the ‘‘(3) NONQUALIFIED DISTRIBUTIONS.— by striking ‘‘and 30D’’ and inserting ‘‘30D, bill S. 493, to reauthorize and improve ‘‘(A) IN GENERAL.—In applying section 72 to and 30E’’. any distribution from a Small Business Sav- (12) Section 1400C(d)(2) of such Code is the SBIR and STTR programs, and for other purposes; which was ordered to ings Account which is not a qualified dis- amended by striking ‘‘and 30D’’ and inserting tribution, such distribution shall be treated ‘‘30D, and 30E’’. lie on the table; as follows: as made from contributions to the Small (d) CLERICAL AMENDMENT.—The table of At the end of title V, add the following: Business Savings Account to the extent that sections for subpart B of part IV of sub- SEC. 504. ESTABLISHMENT OF SMALL BUSINESS such distribution, when added to all previous chapter A of chapter 1 of the Internal Rev- SAVINGS ACCOUNTS. distributions from the Small Business Sav- enue Code of 1986 is amended by adding at (a) IN GENERAL.—Subpart A of part I of ings Account, does not exceed the aggregate the end the following new item: subchapter D of chapter 1 of the Internal amount of contributions to the Small Busi- ‘‘Sec. 30E. Angel investment tax credit.’’. Revenue Code of 1986 is amended by inserting ness Savings Account. (e) EFFECTIVE DATE.—The amendments after section 408A the following new section: ‘‘(B) TREATMENT OF AMOUNTS REMAINING IN made by this section shall apply to invest- ‘‘SEC. 408B. SMALL BUSINESS SAVINGS AC- ACCOUNT.—Any remaining amount in a Small ments made after December 31, 2010, in tax- COUNTS. Business Savings Account following the date able years ending after such date. ‘‘(a) GENERAL RULE.—Except as provided in described in paragraph (1)(A)(ii) shall be (f) REGULATIONS ON ALLOCATION OF NA- this section, a Small Business Savings Ac- treated as distributed during the taxable TIONAL LIMITATION.—Not later than 120 days count shall be treated for purposes of this year following such date and such distribu- after the date of the enactment of this Act, title in the same manner as an individual re- tion shall not be treated as a qualified dis- the Secretary of the Treasury or the Sec- tirement plan. tribution.

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‘‘(4) ROLLOVERS TO A ROTH IRA.—Subject to (D) who have limited ability to use or ac- ‘‘(ii) include with the offer a written ac- the application of the treatment of contribu- cess the Internet, knowledgment by the small business concern tions in section 408A(c), distributions from a are available after the issuance of the guide- that the small business concern has received Small Business Savings Account may be lines under subsection (a)(2). the notice required under clause (i). rolled over into a Roth IRA.’’. ‘‘(B) PENALTIES.—If an offeror fails to no- (b) EXCESS CONTRIBUTIONS.—Section 4973 of SA 189. Mr. PRYOR submitted an tify a small business concern under subpara- the Internal Revenue Code of 1986 is amended amendment intended to be proposed by graph (A)(i), the head of the Federal agency by adding at the end the following new sub- him to the bill S. 493, to reauthorize that let the contract described in subpara- section: and improve the SBIR and STTR pro- graph (A) shall— ‘‘(h) EXCESS CONTRIBUTIONS TO SMALL BUSI- grams, and for other purposes; which ‘‘(i) for the first such failure by the offeror, NESS SAVINGS ACCOUNTS.—For purposes of fine the offeror, in an amount equal to 20 this section, in the case of contributions to was ordered to lie on the table; as fol- percent of the value of the contract; all Small Business Savings Accounts (within lows: ‘‘(ii) for the second such failure by the of- the meaning of section 408B(b)) maintained On page 73, after line 23, add the following: feror— for the benefit of an individual, the term ‘ex- SEC. 2ll. INITIATIVE TO PUBLICIZE THE SBIR ‘‘(I) fine the offeror, in an amount equal to cess contributions’ means the sum of— PROGRAMS AND STTR PROGRAMS 50 percent of the value of the contract; and ‘‘(1) the excess (if any) of— TO VETERANS. ‘‘(II) debar the offeror from contracting ‘‘(A) the amount contributed to such ac- The Administrator, in consultation with with the United States for a period of 1 year; counts for the taxable year, over the Secretary of Veterans Affairs, shall de- and ‘‘(B) the amount allowable as a contribu- velop an initiative— ‘‘(iii) for the third such failure by the offer- tion under section 408B(c)(2) for such taxable (1) to publicize the SBIR programs and or, debar the offeror from contracting with year, and STTR programs of the Federal agencies to the United States. ‘‘(2) the amount determined under this sub- veterans recently separated from service in ‘‘(14) REPORTING BY SUBCONTRACTORS.—The section for the preceding taxable year, re- the Armed Forces; and Administrator shall establish a reporting duced by the sum of— (2) to encourage veterans with applicable mechanism that allows a subcontractor to ‘‘(A) the distributions out of the accounts technical skills to apply for awards under report fraudulent activity by a contractor for the taxable year, and the SBIR programs and STTR programs of with respect to a subcontracting plan sub- ‘‘(B) the excess (if any) of— the Federal agencies. mitted to a procurement authority under ‘‘(i) the maximum amount allowable as a paragraph (4)(B).’’. contribution under section 408B(c)(2) for such SA 190. Mr. PRYOR submitted an taxable year, over amendment intended to be proposed by SA 192. Mr. CASEY submitted an ‘‘(ii) the amount contributed to such ac- him to the bill S. 493, to reauthorize amendment intended to be proposed by counts for such taxable year.’’. and improve the SBIR and STTR pro- him to the bill S. 493, to reauthorize (c) CONFORMING AMENDMENT.—The table of grams, and for other purposes; which and improve the SBIR and STTR pro- sections for subpart A of part I of subchapter grams, and for other purposes; which D of chapter 1 of the Internal Revenue Code was ordered to lie on the table; as fol- lows: was ordered to lie on the table; as fol- of 1986 is amended by inserting after the lows: item relating to section 408A the following At the end, add the following: new item: On page l, between lines l and l, insert SEC. ll. PROVIDING EXPLANATIONS TO UNSUC- the following: ‘‘Sec. 408B. Small Business Savings Ac- CESSFUL APPLICANTS. counts.’’. Section 9 of the Small Business Act (15 SEC. lll. MINORITY BUSINESS DEVELOPMENT PROGRAM. U.S.C. 638), as amended by this Act, is (d) EFFECTIVE DATE.—The amendments (a) DEFINITIONS.—In this section: amended by adding at the end the following: made by this section shall apply to taxable (1) HISTORICALLY DISADVANTAGED INDI- ‘‘(nn) PROVIDING EXPLANATIONS TO UNSUC- years beginning after December 31, 2010. VIDUAL.—The term ‘‘historically disadvan- SEC. 505. REDUCTION OF GOVERNMENT PRINT- CESSFUL APPLICANTS.—Each Federal agency taged individual’’ means any individual who ING COSTS. required to carry out an SBIR program or is a member of a group that is designated as (a) STRATEGY AND GUIDELINES.—Not later STTR program shall— eligible to receive assistance under section than 180 days after the date of the enactment ‘‘(1) include in each solicitation relating to 1400.1 of title 15, Code of Federal Regula- of this Act, the Director of the Office of Man- a contract awarded under the SBIR program tions, as in effect on January 1, 2009. or STTR program a notice in plain language agement and Budget shall coordinate with (2) PRINCIPAL.—The term ‘‘principal’’ the heads of the Executive departments and stating that a small business concern that means any person that the Director deter- independent establishments, as those terms responds to the solicitation and is not mines exercises significant control over the are defined in chapter 1 of title 5, United awarded the contract may request from the regular operations of a business entity. States Code— Federal agency an explanation of the reasons (b) PROGRAM REQUIRED.—The Director of (1) to develop a strategy to reduce Govern- the small business concern was not awarded the Minority Business Development Agency ment printing costs during the 10-year period the contract; and shall establish the Minority Business Devel- beginning on September 1, 2011; and ‘‘(2) upon request, provide to a small busi- opment Program (in this section referred to (2) to issue Government-wide guidelines for ness concern an explanation of the reasons as the ‘‘Program’’) to assist qualified minor- printing that implements the strategy devel- the small business concern was not awarded ity businesses. The Program shall provide oped under paragraph (1). a contract under the SBIR program or STTR contract procurement assistance to such (b) CONSIDERATIONS.— program.’’. businesses. (1) IN GENERAL.—In developing the strategy (c) QUALIFIED MINORITY BUSINESS.— under subsection (a)(1), the Director of the SA 191. Mr. CASEY submitted an (1) CERTIFICATION.—For purposes of the Office of Management and Budget and the amendment intended to be proposed by Program, the Director may certify as a heads of the Executive departments and him to the bill S. 493, to reauthorize qualified minority business any entity that independent establishments shall consider and improve the SBIR and STTR pro- satisfies each of the following: guidelines for— grams, and for other purposes; which (A) Not less than 51 percent of the entity is (A) duplex and color printing; was ordered to lie on the table; as fol- directly and unconditionally owned or con- (B) the use of digital file systems by Exec- trolled by historically disadvantaged indi- utive departments and independent estab- lows: viduals. lishments; and At the end of title III, add the following: (B) Each officer or other individual who ex- (C) determining which Government publi- SEC. 3ll. SUBCONTRACTOR NOTIFICATIONS. ercises control over the regular operations of cations might be made available on Govern- Section 8(d) of the Small Business Act (15 the entity is a historically disadvantaged in- ment Web sites instead of being printed. U.S.C. 637(d)) is amended by adding at the dividual. (2) ESSENTIAL PRINTED DOCUMENTS.—The end the following: (C) The net worth of each principal of the Director of the Office of Management and ‘‘(13) NOTIFICATION REQUIREMENT.— entity is not greater than $2,000,000. (The eq- Budget shall ensure that printed versions of ‘‘(A) IN GENERAL.—An offeror with respect uity of a disadvantaged owner in a primary documents that the Director determines are to a contract let by a Federal agency that is personal residence shall be considered in this essential to individuals— to be awarded pursuant to the negotiated calculation.) (A) who are entitled to or enrolled for ben- method of procurement that intends to iden- (D) The principal place of business of the efits under part A of title XVIII of the Social tify a small business concern as a potential entity is in the United States. Security Act (42 U.S.C. 1395 et seq.); subcontractor in the offer relating to the (E) Each principal of the entity maintains (B) who are enrolled for benefits under part contract shall— good character in the determination of the B of such title; ‘‘(i) notify the small business concern that Director. (C) who receive old-age survivors’ or dis- the offeror intends to identify the small (F) The entity engages in competitive and ability insurance payments under title II of business concern as a potential subcon- bona fide commercial business operations in such Act (42 U.S.C. 401 et seq.), or tractor in the offer; and not less than one sector of industry that has

VerDate Mar 15 2010 03:46 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.073 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1693 a North American Industry Classification of this Act, by striking ‘‘section 34(d)’’ and (iii) responses to requests for agency System code. inserting ‘‘section 33(d)’’; records under section 552 of title 5, United (G) The entity submits reports to the Di- (C) in section 9(s), as added by section States Code (commonly referred to as the rector at such time, in such form, and con- 201(a) of this Act— ‘‘Freedom of Information Act’’), section 552a taining such information as the Director (i) by striking ‘‘section 34’’ each place it of title 5, United States Code, (commonly re- may require. appears and inserting ‘‘section 33’’; ferred to as the ‘‘Privacy Act’’), the Federal (H) Any additional requirements that the (ii) in paragraph (1)(E), by striking ‘‘sec- Advisory Committee Act (5 U.S.C. App.), or Director determines appropriate. tion 34(e)’’ and inserting ‘‘section 33(e)’’; and other similar laws; (2) TERM OF CERTIFICATION.—A certification (iii) in paragraph (7)(B), by striking ‘‘sec- (4) the term ‘‘guidance document’’ means under this subsection shall be for a term of tion 34(d)’’ and inserting ‘‘section 33(d)’’; an agency statement of general applicability 5 years and may not be renewed. (D) in section 35(d) (15 U.S.C. 657i(d)), as so and future effect, other than a regulatory ac- (d) SET-ASIDE CONTRACTING OPPORTUNI- redesignated and as amended by section tion, that sets forth a policy on a statutory, TIES.— 201(b)(5), by striking ‘‘section 42’’ and insert- regulatory or technical issue or an interpre- (1) IN GENERAL.—The Director may enter ing ‘‘section 41’’; tation of a statutory or regulatory issue; into agreements with the United States Gov- (E) in section 38(d) (15 U.S.C. 657l(d)), as so (5) the term ‘‘regulation’’ means an agency ernment and any department, agency, or of- redesignated and as amended by section statement of general applicability and future ficer thereof having procurement powers for 201(b)(6) of this Act, by striking ‘‘section 42’’ effect, which the agency intends to have the purposes of providing for the fulfillment of and inserting ‘‘section 41’’; and force and effect of law, that is designed to procurement contracts and providing oppor- (F) in section 39(b) (15 U.S.C. 657m(b)), as implement, interpret, or prescribe law or tunities for qualified minority businesses so redesignated and as amended by section policy or to describe the procedure or prac- with regard to such contracts. 201(b)(7) of this Act, by striking ‘‘section 42’’ tice requirements of an agency; (2) QUALIFICATIONS ON PARTICIPATION.—The and inserting ‘‘section 41’’. (6) the term ‘‘regulatory action’’ means Director shall by rule establish requirements (2) THIS ACT.— any substantive action by an agency (nor- for participation under this section by a (A) IN GENERAL.—The amendments made mally published in the Federal Register) qualified minority business in a contract. by section 205(b) of this Act shall have no that promulgates or is expected to lead to (3) ANNUAL LIMIT ON NUMBER OF CONTRACTS force or effect. the promulgation of a final regulation, in- PER QUALIFIED MINORITY BUSINESS.—A quali- (B) PROSPECTIVE REPEAL OF THE SMALL cluding notices of inquiry, advance notices fied minority business may not participate BUSINESS INNOVATION RESEARCH PROGRAM.— of proposed rulemaking, and notices of pro- under this section in contracts in an amount Effective 5 years after the date of enactment posed rulemaking; that exceeds $10,000,000 for goods and services of this Act, the Small Business Act (15 U.S.C. (7) the term ‘‘significant guidance docu- each fiscal year. 631 et seq.) is amended— ment’’— (4) LIMITS ON CONTRACT AMOUNTS.— (i) by striking section 42, as added by sec- (A) means a guidance document dissemi- (A) GOODS AND SERVICES.—Except as pro- tion 205(a) of this Act and redesignated by nated to regulated entities or the general vided in subparagraph (B), a contract for paragraph (1)(A) of this subsection; and public that may reasonably be anticipated goods and services under this subsection may (ii) by redesignating sections 43 and 44, as to— not exceed $6,000,000. redesignated by paragraph (1)(A) of this sub- (i) lead to an annual effect on the economy of $ 100,000,000 or more or affect in a material (B) MANUFACTURING AND CONSTRUCTION.—A section, as sections 42 and 43, respectively. way the economy, a sector of the economy, contract for manufacturing and construction (3) VETERANS ENTREPRENEURSHIP AND productivity, competition, jobs, the environ- services under this subsection may not ex- SMALL BUSINESS DEVELOPMENT ACT OF 1999.— ment, public health or safety, or State, local, ceed $10,000,000. Section 203(c)(5) of the Veterans Entrepre- or tribal governments or communities; (e) TERMINATION FROM THE PROGRAM.—The neurship and Small Business Development (ii) create a serious inconsistency or other- Director may terminate a qualified minority Act of 1999 (15 U.S.C. 657b note) is amended wise interfere with an action taken or business from the Program for any violation by striking ‘‘In cooperation with the Na- planned by another agency; of a requirement of subsections (c) and (d) by tional Veterans Business Development Cor- (iii) materially alter the budgetary impact that qualified minority business, including poration, develop’’ and inserting ‘‘Develop’’. the following: of entitlements, grants, user fees, or loan (4) TITLE 10.—Section 1142(b)(13) of title 10, programs or the rights and obligations of re- (1) Conduct by a principal of the qualified United States Code, is amended by striking minority business that indicates a lack of cipients thereof; or ‘‘and the National Veterans Business Devel- (iv) raise novel legal or policy issues aris- business integrity. opment Corporation’’. (2) Willful failure to comply with applica- ing out of legal mandates and the priorities, (5) TITLE 38.—Section 3452(h) of title 38, principles, and provisions of this section; and ble labor standards and obligations. United States Code, is amended by striking (3) Consistent failure to tender adequate (B) does not include— ‘‘any of the’’ and all that follows and insert- (i) legal advisory opinions for internal Ex- performance with regard to contracts under ing ‘‘any small business development center the Program. ecutive Branch use and not for release (such described in section 21 of the Small Business as Department of Justice Office of Legal (4) Failure to obtain and maintain relevant Act (15 U.S.C. 648), insofar as such center of- Counsel opinions); certifications. fers, sponsors, or cosponsors an entrepre- (ii) briefs and other positions taken by (5) Failure to pay outstanding obligations neurship course, as that term is defined in agencies in investigations, pre-litigation, owed to the Federal Government. section 3675(c)(2).’’. litigation, or other enforcement proceedings; SA 193. Ms. SNOWE (for herself, Ms. (iii) speeches; SA 194. Ms. COLLINS submitted an (iv) editorials; LANDRIEU, Mr. COBURN, Mr. WEBB, and amendment intended to be proposed by (v) media interviews; Mr. KERRY) submitted an amendment her to the bill S. 493, to reauthorize (vi) press materials; intended to be proposed by her to the and improve the SBIR and STTR pro- (vii) congressional correspondence; bill S. 493, to reauthorize and improve grams, and for other purposes; which (viii) guidance documents that pertain to a the SBIR and STTR programs, and for was ordered to lie on the table; as fol- military or foreign affairs function of the United States (other than guidance on pro- other purposes; as follows: lows: At the end of title V, add the following: curement or the import or export of non-de- At the end, add the following: SEC. 504. NATIONAL VETERANS BUSINESS DEVEL- fense articles and services); OPMENT CORPORATION. SEC. 4. AGENCY ASSESSMENT OF SIGNIFICANT (ix) grant solicitations; (a) IN GENERAL.—The Small Business Act REGULATORY ACTIONS. (x) warning letters; (15 U.S.C. 631 et seq.) is amended by striking (a) DEFINITIONS.—In this section— (xi) case or investigatory letters respond- section 33 (15 U.S.C. 657c). (1) the term ‘‘Administrator’’ means the ing to complaints involving fact-specific de- (b) CORPORATION.—On and after the date of Administrator of the Office of Information terminations; enactment of this Act, the National Vet- and Regulatory Affairs in the Office of Man- (xii) purely internal agency policies; erans Business Development Corporation and agement and Budget; (xiii) guidance documents that pertain to any successor thereto may not represent (2) the term ‘‘agency’’ has the same mean- the use, operation or control of a govern- that the corporation is federally chartered or ing as in section 3502(1) of title 44, United ment facility; in any other manner authorized by the Fed- States Code; (xiv) internal guidance documents directed eral Government. (3) the term ‘‘disseminated’’— solely to other agencies; and (c) CONFORMING AMENDMENTS.— (A) means prepared by an agency and dis- (xv) any other category of significant guid- (1) SMALL BUSINESS ACT.—The Small Busi- tributed to the public or regulated entities; ance documents exempted by an agency head ness Act (15 U.S.C. 631 et seq.), as amended and in consultation with the Administrator; and by this Act, is amended— (B) does not include— (8) the term ‘‘significant regulatory ac- (A) by redesignating sections 34 through 45 (i) distribution limited to Federal Govern- tion’’ means any regulatory action that is as sections 33 through 44, respectively; ment employees; likely to result in a regulation that may— (B) in section 9(k)(1)(D) (15 U.S.C. (ii) intra- or interagency use or sharing of (A) have an annual effect on the economy 638(k)(1)(D)), as amended by section 201(b)(3) Federal Government information; and of $100,000,000 or more or adversely affect in

VerDate Mar 15 2010 03:46 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.069 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1694 CONGRESSIONAL RECORD — SENATE March 15, 2011 a material way the economy, a sector of the requirement to report information to the implement, interpret, or prescribe law or economy, productivity, competition, jobs, agency; and policy or to describe the procedure or prac- the environment, public health or safety, or ‘‘(2) the reduction or waiver is consistent tice requirements of an agency; State, local, or tribal governments or com- with the conditions and exclusions described (7) the term ‘‘regulatory action’’ means munities; in paragraphs (1), (3), (4), (5), and (6) of sec- any substantive action by an agency (nor- (B) create a serious inconsistency or other- tion 223(b) of the Small Business Regulatory mally published in the Federal Register) wise interfere with an action taken or Enforcement Fairness Act of 1996 (Public that promulgates or is expected to lead to planned by another agency; Law 104-121; 110 Stat. 862). the promulgation of a final regulation, in- (C) materially alter the budgetary impact ‘‘(b) Not later than 60 days after the re- cluding notices of inquiry, advance notices of entitlements, grants, user fees, or loan ceipt of a request from a Regional Advocate of proposed rulemaking, and notices of pro- programs or the rights and obligations of re- under subsection (a), an agency shall send posed rulemaking; cipients thereof; or written notice of the decision of the agency (8) the term ‘‘significant guidance docu- (D) raise novel legal or policy issues aris- with respect to the request, together with ment’’— ing out of legal mandates and the priorities, the reasons for the decision, to the Regional (A) means a guidance document dissemi- principles, and provisions of this section. Advocate that made the request and the rel- nated to regulated entities or the general (b) AGENCY ASSESSMENT OF SIGNIFICANT evant small entity. public that may reasonably be anticipated REGULATORY ACTIONS.—For each significant ‘‘(c) The Chief Counsel for Advocacy shall to— regulatory action, each agency shall submit, submit to Congress an annual report summa- (i) lead to an annual effect on the economy at such times specified by the Adminis- rizing— of $ 100,000,000 or more or affect in a material trator, a report to the Office of Information ‘‘(1) the requests received by the Regional way the economy, a sector of the economy, and Regulatory Affairs that includes— Advocates from small entities under sub- productivity, competition, jobs, the environ- (1) an assessment, including the underlying section (a); and ment, public health or safety, or State, local, analysis, of benefits anticipated from the ‘‘(2) the requests submitted by the Re- or tribal governments or communities; significant regulatory action, such as— gional Advocates to agencies under sub- (ii) create a serious inconsistency or other- (A) the promotion of the efficient func- section (a) and the results of the requests.’’. wise interfere with an action taken or tioning of the economy and private markets; (b) TECHNICAL AND CONFORMING AMEND- planned by another agency; (B) the enhancement of health and safety; MENT.—The table of sections for chapter 6 of (iii) materially alter the budgetary impact (C) the protection of the natural environ- title 5, United States Code, is amended by of entitlements, grants, user fees, or loan ment; and adding at the end the following: programs or the rights and obligations of re- cipients thereof; or (D) the elimination or reduction of dis- ‘‘613. Reduction or waiver of civil penalties (iv) raise novel legal or policy issues aris- crimination or bias; imposed on small entities.’’. (2) to the extent feasible, a quantification ing out of legal mandates and the priorities, of the benefits assessed under paragraph (1); SA 196. Ms. COLLINS submitted an principles, and provisions of this section; and (B) does not include— (3) an assessment, including the underlying amendment intended to be proposed by analysis, of costs anticipated from the regu- (i) legal advisory opinions for internal Ex- latory action, such as— her to the bill S. 493, to reauthorize ecutive Branch use and not for release (such (A) the direct cost both to the Federal and improve the SBIR and STTR pro- as Department of Justice Office of Legal Government in administering the significant grams, and for other purposes; which Counsel opinions); regulatory action and to businesses, con- was ordered to lie on the table; as fol- (ii) briefs and other positions taken by sumers, and others (including State, local, lows: agencies in investigations, pre-litigation, litigation, or other enforcement proceedings; and tribal officials) in complying with the At the end, add the following: regulation; and (iii) speeches; SEC. 4. REGULATORY REFORM. (B) any adverse effects on the efficient (iv) editorials; (a) DEFINITIONS.—In this section— functioning of the economy, private markets (v) media interviews; (1) the term ‘‘Administrator’’ means the (including productivity, employment, and (vi) press materials; Administrator of the Office of Information competitiveness), health, safety, the natural (vii) congressional correspondence; and Regulatory Affairs in the Office of Man- environment, job creation, the prices of con- (viii) guidance documents that pertain to a agement and Budget; sumer goods, and energy costs; military or foreign affairs function of the (2) the term ‘‘agency’’ has the same mean- (4) to the extent feasible, a quantification United States (other than guidance on pro- ing as in section 3502(1) of title 44, United of the costs assessed under paragraph (3); and curement or the import or export of non-de- States Code; (5) an assessment, including the underlying fense articles and services); (3) the term ‘‘economically significant analysis, of costs and benefits of potentially (ix) grant solicitations; guidance document’’ means a significant effective and reasonably feasible alternatives (x) warning letters; guidance document that may reasonably be to the planned significant regulatory action, (xi) case or investigatory letters respond- anticipated to lead to an annual effect on the identified by the agency or the public (in- ing to complaints involving fact-specific de- economy of $ 100,000,000 or more or adversely cluding improving the current regulation terminations; affect in a material way the economy or a and reasonably viable nonregulatory ac- (xii) purely internal agency policies; sector of the economy, except that economi- tions), and an explanation why the planned (xiii) guidance documents that pertain to cally significant guidance documents do not regulatory action is preferable to the identi- the use, operation or control of a govern- include guidance documents on Federal ex- fied potential alternatives. ment facility; penditures and receipts; (xiv) internal guidance documents directed SA 195. Ms. COLLINS submitted an (4) the term ‘‘disseminated’’— solely to other agencies; and amendment intended to be proposed by (A) means prepared by an agency and dis- (xv) any other category of significant guid- tributed to the public or regulated entities; ance documents exempted by an agency head her to the bill S. 493, to reauthorize and and improve the SBIR and STTR pro- in consultation with the Administrator; and (B) does not include— (9) the term ‘‘significant regulatory ac- grams, and for other purposes; which (i) distribution limited to Federal Govern- tion’’ means any regulatory action that is was ordered to lie on the table; as fol- ment employees; likely to result in a regulation that may— lows: (ii) intra- or interagency use or sharing of (A) have an annual effect on the economy At the end, add the following: Federal Government information; and of $100,000,000 or more or adversely affect in SEC. 4. REDUCTION OR WAIVER OF CIVIL PEN- (iii) responses to requests for agency a material way the economy, a sector of the ALTIES IMPOSED ON SMALL ENTI- records under section 552 of title 5, United economy, productivity, competition, jobs, TIES. States Code (commonly referred to as the the environment, public health or safety, or (a) IN GENERAL.—Chapter 6 of title 5, ‘‘Freedom of Information Act’’), section 552a State, local, or tribal governments or com- United States Code, is amended by adding at of title 5, United States Code, (commonly re- munities; the end the following: ferred to as the ‘‘Privacy Act’’), the Federal (B) create a serious inconsistency or other- ‘‘§ 613. Reduction or waiver of civil penalties Advisory Committee Act (5 U.S.C. App.), or wise interfere with an action taken or imposed on small entities other similar laws; planned by another agency; ‘‘(a) Upon the request of a small entity, a (5) the term ‘‘guidance document’’ means (C) materially alter the budgetary impact Regional Advocate of the Office of Advocacy an agency statement of general applicability of entitlements, grants, user fees, or loan of the Small Business Administration (re- and future effect, other than a regulatory ac- programs or the rights and obligations of re- ferred to in this section as a ‘Regional Advo- tion, that sets forth a policy on a statutory, cipients thereof; or cate’) shall submit to an agency a request regulatory or technical issue or an interpre- (D) raise novel legal or policy issues aris- that the agency reduce or waive a civil pen- tation of a statutory or regulatory issue; ing out of legal mandates and the priorities, alty imposed on the small entity, if the Re- (6) the term ‘‘regulation’’ means an agency principles, and provisions of this section. gional Advocate determines that— statement of general applicability and future (b) AGENCY ASSESSMENT OF SIGNIFICANT ‘‘(1) the civil penalty was the result of a effect, which the agency intends to have the REGULATORY ACTIONS.—For each significant first-time violation by the small entity of a force and effect of law, that is designed to regulatory action, each agency shall submit,

VerDate Mar 15 2010 03:46 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.075 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1695 at such times specified by the Adminis- ation of positions advanced by affected pri- trator as soon as possible and, to the extent trator, a report to the Office of Information vate parties. practicable, comply with this subsection. and Regulatory Affairs that includes— (2) PUBLIC ACCESS AND FEEDBACK FOR SIG- (B) SIGNIFICANT GUIDANCE DOCUMENTS SUB- (1) an assessment, including the underlying NIFICANT GUIDANCE DOCUMENTS.— JECT TO STATUTORY OR COURT-IMPOSED DEAD- analysis, of benefits anticipated from the (A) INTERNET ACCESS.— LINE.—For a significant guidance document significant regulatory action, such as— (i) IN GENERAL.—Each agency shall— that is governed by a statutory or court-im- (A) the promotion of the efficient func- (I) maintain on the website for the agency, posed deadline, the agency shall, to the ex- tioning of the economy and private markets; or as a link on the website of the agency to tent practicable, schedule the proceedings of (B) the enhancement of health and safety; the electronic list posted on a website of a the agency to permit sufficient time to com- (C) the protection of the natural environ- component of the agency a list of the signifi- ply with this subsection. ment; and cant guidance documents in effect of the (5) EFFECTIVE DATE.—This section shall (D) the elimination or reduction of dis- agency, including a link to the text of each take effect 60 days after the date of enact- crimination or bias; significant guidance document that is in ef- ment of this Act. (2) to the extent feasible, a quantification fect; and of the benefits assessed under paragraph (1); (II) not later than 30 days after the date on SA 197. Mrs. HUTCHISON (for her- (3) an assessment, including the underlying which a significant guidance document is self, Mr. HATCH, Mr. MORAN, Mr. COCH- analysis, of costs anticipated from the regu- issued, update the list described in clause (i). RAN, Mr. KYL, Ms. MURKOWSKI, and Mr. latory action, such as— (ii) LIST REQUIREMENTS.—The list described BARRASSO) submitted an amendment (A) the direct cost both to the Federal in subparagraph (A)(i) shall— intended to be proposed by her to the Government in administering the significant (I) include the name of each— bill S. 493, to reauthorize and improve regulatory action and to businesses, con- (aa) significant guidance document; the SBIR and STTR programs, and for sumers, and others (including State, local, (bb) document identification number; and and tribal officials) in complying with the other purposes; which was ordered to (cc) issuance and revision dates; and lie on the table; as follows: regulation; and (II) identify significant guidance docu- At the end of title V, add the following: (B) any adverse effects on the efficient ments that have been added, revised, or functioning of the economy, private markets withdrawn in the preceding year. SEC. 504. EFFECTIVE DATE OF PPACA. (a) IN GENERAL.—Notwithstanding any (including productivity, employment, and (B) PUBLIC FEEDBACK.— other provision of law, the provisions of the competitiveness), health, safety, the natural (i) IN GENERAL.—Each agency shall estab- environment, job creation, the prices of con- lish and clearly advertise on the website for Patient Protection and Affordable Care Act (Public Law 111–148) and the Health Care and sumer goods, and energy costs; the agency a means for the public to elec- Education Reconciliation Act of 2010 (Public (4) to the extent feasible, a quantification tronically submit— Law 111–152), including the amendments of the costs assessed under paragraph (3); and (I) comments on significant guidance docu- made by such Acts, that are not in effect on (5) an assessment, including the underlying ments; and the date of enactment of this Act shall not analysis, of costs and benefits of potentially (II) a request for issuance, reconsideration, be in effect until the date on which final effective and reasonably feasible alternatives modification, or rescission of significant judgment is entered in all cases challenging to the planned significant regulatory action, guidance documents. the constitutionality of the requirement to identified by the agency or the public (in- (ii) AGENCY RESPONSE.—Any comments or maintain minimum essential coverage under cluding improving the current regulation requests submitted under subparagraph (A)— section 5000A of the Internal Revenue Code and reasonably viable nonregulatory ac- (I) are for the benefit of the agency; and tions), and an explanation why the planned of 1986 that are pending before a Federal (II) shall not require a formal response court on the date of enactment of this Act. regulatory action is preferable to the identi- from the agency. fied potential alternatives. (b) PROMULGATION OF REGULATIONS.—Not- (iii) OFFICE FOR PUBLIC COMMENTS.— withstanding any other provision of law, the (c) AGENCY GOOD GUIDANCE PRACTICES.— (I) IN GENERAL.—Each agency shall des- Federal Government shall not promulgate (1) AGENCY STANDARDS FOR SIGNIFICANT ignate an office to receive and address com- regulations under the Patient Protection GUIDANCE DOCUMENTS.— plaints from the public relating to— and Affordable Care Act (Public Law 111–148) (A) APPROVAL PROCEDURES.— (aa) the failure of the agency to follow the or the Health Care and Education Reconcili- (i) IN GENERAL.—Each agency shall develop procedures described in this section; or ation Act of 2010 (Public Law 111–152), includ- or have written procedures for the approval (bb) the failure to treat a significant guid- ing the amendments made by such Acts, or of significant guidance documents, which ance document as a binding requirement. otherwise prepare to implement such Acts shall ensure that the issuance of significant (II) WEBSITE.—The agency shall provide, on (or amendments made by such Acts), until guidance documents is approved by appro- the website of the agency, the name and con- the date on which final judgment is entered priate senior agency officials. tact information for the office designated in all cases challenging the constitutionality (ii) REQUIREMENT.—Employees of an agen- under clause (i). of the requirement to maintain minimum es- cy may not depart from significant guidance (3) NOTICE AND PUBLIC COMMENT FOR ECO- sential coverage under section 5000A of the documents without appropriate justification NOMICALLY SIGNIFICANT GUIDANCE DOCU- Internal Revenue Code of 1986 that are pend- and supervisory concurrence. MENTS.— ing before a Federal court on the date of en- (B) STANDARD ELEMENTS.—Each significant (A) IN GENERAL.—Except as provided in actment of this Act. guidance document— paragraph (2), in preparing a draft of an eco- (i) shall— nomically significant guidance document, SA 198. Mrs. HUTCHISON (for her- (I) include the term ‘‘guidance’’ or its func- and before issuance of the final significant self, Mr. CORNYN, Mr. VITTER, Ms. MUR- tional equivalent; guidance document, each agency shall— KOWSKI, Mr. SHELBY, Mr. WICKER, Mr. (II) identify the agency or office issuing (i) publish a notice in the Federal Register COCHRAN, and Mr. WEBB) submitted an the document; announcing that the draft document is avail- amendment intended to be proposed by (III) identify the activity to which and the able; her to the bill S. 493, to reauthorize persons to whom the significant guidance (ii) post the draft document on the Inter- document applies; net and make a tangible copy of that docu- and improve the SBIR and STTR pro- (IV) include the date of issuance; ment publicly available (or notify the public grams, and for other purposes; which (V) note if the significant guidance docu- how the public can review the guidance docu- was ordered to lie on the table; as fol- ment is a revision to a previously issued ment if the document is not in a format that lows: guidance document and, if so, identify the permits such electronic posting with reason- At the end of title V, add the following: document that the significant guidance doc- able efforts); SEC. 5lll. EXTENSION OF CERTAIN OUTER ument replaces; (iii) invite public comment on the draft CONTINENTAL SHELF LEASES. (VI) provide the title of the document and document; and (a) DEFINITION OF COVERED LEASE.—In this a document identification number; and (iv) prepare and post on the website of the section, the term ‘‘covered lease’’ means (VII) include the citation to the statutory agency a document with responses of the each oil and gas lease for the Gulf of Mexico provision or regulation (in Code of Federal agency to public comments. outer Continental Shelf region issued under Regulations format) which the significant (B) EXCEPTIONS.—In consultation with the section 8 of the Outer Continental Shelf guidance document applies to or interprets; Administrator, an agency head may identify Lands Act (43 U.S.C. 1337) that was— and a particular economically significant guid- (1) not producing as of April 30, 2010; or (ii) shall not include mandatory terms ance document or category of such docu- (2) suspended from operations, permit proc- such as ‘‘shall’’, ‘‘must’’, ‘‘required’’, or ‘‘re- ments for which the procedures of this sub- essing, or consideration, in accordance with quirement’’ unless— section are not feasible or appropriate. the moratorium set forth in the Minerals (I) the agency is using those terms to de- (4) EMERGENCIES.— Management Service Notice to Lessees and scribe a statutory or regulatory require- (A) IN GENERAL.—In emergency situations Operators No. 2010–N04, dated May 30, 2010, or ment; or or when an agency is obligated by law to act the decision memorandum of the Secretary (II) the terminology is addressed to agency more quickly than normal review procedures of the Interior entitled ‘‘Decision memo- staff and will not foreclose agency consider- allow, the agency shall notify the Adminis- randum regarding the suspension of certain

VerDate Mar 15 2010 03:46 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.077 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1696 CONGRESSIONAL RECORD — SENATE March 15, 2011 offshore permitting and drilling activities on SEC. l10. HOMELAND SECURITY. SEC. l24. SOCIAL SECURITY ADMINISTRATION. the Outer Continental Shelf’’ and dated July Amounts made available to the Depart- The Social Security Administration shall 12, 2010. ment of Homeland Security for fiscal year not be subject to funding cuts in fiscal year (b) EXTENSION OF COVERED LEASES.—The 2011 are reduced on a pro rata basis by the 2011. Secretary of the Interior shall extend the amount required to bring total reduction to SEC. l25. REPEAL OF INDEPENDENT AGENCIES. term of a covered lease by 1 year. $4,603,000,000. The following agencies are defunded effec- (c) EFFECT ON SUSPENSIONS OF OPERATIONS SEC. l11. HOUSING AND URBAN DEVELOPMENT. tive on the date of enactment of this Act: OR PRODUCTION.—The extension of covered Amounts made available to the Depart- (1) Affordable Housing Program. leases under this Act is in addition to any ment of Housing and Urban Development for (2) Commission on Fine Arts. suspension of operations or suspension of fiscal year 2011 are reduced on a pro rata (3) Consumer Product Safety Commission. production granted by the Minerals Manage- basis by the amount required to bring total (4) Corporation for Public Broadcasting. ment Service or Bureau of Ocean Energy reduction to $22,000,000,000. (5) National Endowment for the Arts. (6) National Endowment for the Human- Management, Regulation and Enforcement SEC. l12. INTERIOR. after May 1, 2010. ities. Amounts made available to the Depart- (7) State Justice Institute. SA 199. Mr. PAUL submitted an ment of the Interior for fiscal year 2011 are reduced on a pro rata basis by the amount amendment intended to be proposed by SA 200. Mr. VITTER submitted an required to bring total reduction to amendment intended to be proposed by him to the bill S. 493, to reauthorize $1,808,000,000. and improve the SBIR and STTR pro- him to the bill S. 493, to reauthorize SEC. l13. JUSTICE. and improve the SBIR and STTR pro- grams, and for other purposes; which Amounts made available to the Depart- was ordered to lie on the table; as fol- ment of Justice for fiscal year 2011 are re- grams, and for other purposes; which lows: duced on a pro rata basis by the amount re- was ordered to lie on the table; as fol- At the appropriate place, insert the fol- quired to bring total reduction to lows: lowing: $4,811,000,000. At the end, add the following: TITLE lll—CUT FEDERAL SPENDING SEC. l14. LABOR. SEC. 504. REDUCTION OF FEDERAL PELL GRANT FUNDING. ACT OF 2011 Amounts made available to the Depart- ment of Labor for fiscal year 2011 are reduced Notwithstanding any other provision of SEC. l01. SHORT TITLE AND DEFINITION. on a pro rata basis by the amount required law, the amount appropriated for Federal (a) SHORT TITLE.—This title may be cited to bring total reduction to $3,260,000,000. Pell Grants under subpart 1 of part A of title as the ‘‘Cut Federal Spending Act of 2011’’. SEC. l15. STATE. IV of the Higher Education Act of 1965 (20 (b) DEFUND.—In this Act, the term U.S.C. 1070a et seq.) for fiscal year 2011 shall ‘‘defund’’ with respect to an agency or pro- Amounts made available to the Depart- ment of State for fiscal year 2011 are reduced equal the amount appropriated for Federal gram means— Pell Grants for fiscal year 2009. (1) all unobligated balances of the discre- on a pro rata basis by the amount required to bring total reduction to $8,216,000,000. tionary appropriations, including any appro- SA 201. Mr. ENSIGN submitted an l priations under this Act, made available to SEC. 16. INTERNATIONAL ASSISTANCE. amendment intended to be proposed by the agency or program are rescinded; and International assistance programs are (2) any statute authorizing the funding or defunded effective on the date of enactment him to the bill S. 493, to reauthorize activities of the agency or program is of this Act. and improve the SBIR and STTR pro- deemed to be repealed. SEC. l17. TRANSPORTATION. grams, and for other purposes; which SEC. l02. LEGISLATIVE BRANCH. Amounts made available to the Depart- was ordered to lie on the table; as fol- Amounts made available for fiscal year ment of Transportation for fiscal year 2011 lows: 2011 for the legislative branch are reduced by are reduced on a pro rata basis by the At the appropriate place, insert the fol- $654,000,000. amount required to bring total reduction to lowing: SEC. l03. JUDICIAL BRANCH. $14,724,000,000. SEC. ll. REQUIREMENTS WITH RESPECT TO Amounts made available to the judicial SEC. l18. VETERANS’ AFFAIRS. GRANTING WAIVERS. branch for fiscal year 2011 are reduced on a The Department of Veterans’ Affairs shall (a) IN GENERAL.—The Secretary of Health pro rata basis by the amount required to not be subject to funding cuts in fiscal year and Human Services (referred to in this sec- bring total reduction to $155,000,000. 2011. tion as the ‘‘Secretary’’) shall— SEC. l04. AGRICULTURE. SEC. l19. CORPS OF ENGINEERS. (1) publish detailed criteria used by the Amounts made available to the Depart- Amounts made available to the Corps of Secretary to determine approval of an appli- ment of Agriculture for fiscal year 2011 are Engineers for fiscal year 2011 are reduced on cation submitted by a group health plan, reduced on a pro rata basis by the amount a pro rata basis by the amount required to health insurance issuer, employer, State, required to bring total reduction to bring total reduction to $4,135,000,000. municipality, or other entity eligible for a $1,427,000,000. SEC. l20. ENVIRONMENTAL PROTECTION AGEN- waiver, adjustment, or other compliance re- SEC. l05. COMMERCE. CY. lief provided for under the authority of the Amounts made available to the Depart- Amounts made available to the Environ- Patient Protection and Affordable Care Act ment of Commerce for fiscal year 2011 are re- mental Protection Agency for fiscal year (Public Law 111–148) or the Health Care and duced on a pro rata basis by the amount re- 2011 are reduced on a pro rata basis by the Education Reconciliation Act (Public Law quired to bring total reduction to amount required to bring total reduction to 111–152), including— $2,700,000,000. $3,506,000,000. (A) how much of a significant decrease in benefits with respect to a health insurance SEC. l06. DEFENSE. SEC. l21. GENERAL SERVICES ADMINISTRATION. plan or health insurance coverage would Amounts made available to the Depart- Amounts made available to the General need to occur in order have such a waiver ap- ment of Defense for fiscal year 2011 are re- Services Administration for fiscal year 2011 plication approved by the Secretary; and duced on a pro rata basis by the amount re- are reduced on a pro rata basis by the (B) how much of a significant increase in quired to bring total reduction to amount required to bring total reduction to premiums with respect to a health insurance $30,000,000,000. $1,140,000,000. plan or health insurance coverage would SEC. l07. EDUCATION. SEC. l22. NATIONAL AERONAUTICS AND SPACE need to occur to have such a waiver applica- ADMINISTRATION. Amounts made available to the Depart- tion approved by the Secretary; Amounts made available to the National ment of Education for fiscal year 2011 are re- (2) publish on the Internet website of the Aeronautics and Space Administration for duced on a pro rata basis by the amount re- Department of Health and Human Services fiscal year 2011 are reduced on a pro rata quired to bring total reduction to each application for a waiver described in basis by the amount required to bring total $46,258,000,000, except for the Pell grant pro- paragraph (1); and reduction to $480,000,000. gram which shall be capped at $17,000,000,000. (3) publish on the Internet website of the SEC. l08. ENERGY. SEC. l22. NATIONAL SCIENCE FOUNDATION. Department of Health and Human Services Amounts made available to the Depart- Amounts made available to the National the determination of the Secretary whether ment of Energy for fiscal year 2011 are re- Science Foundation for fiscal year 2011 are to approve or reject such application, and duced on a pro rata basis by the amount re- reduced on a pro rata basis by the amount the reason for such approval or rejection. quired to bring total reduction to required to bring total reduction to (b) PROTECTION OF PROPRIETARY INFORMA- $9,602,000,000. $1,733,000,000. TION.—In carrying out subsection (a), the SEC. l09. HEALTH AND HUMAN SERVICES. SEC. l23. OFFICE OF PERSONNEL MANAGEMENT. Secretary shall ensure the confidentiality of Amounts made available to the Depart- Amounts made available to the Office of proprietary information of each applicant. ment of Health and Human Services for fis- Personnel Management for fiscal year 2011 (c) PROHIBITION OF PREFERENTIAL TREAT- cal year 2011 are reduced on a pro rata basis are reduced on a pro rata basis by the MENT.—In no case, during any stage of the by the amount required to bring total reduc- amount required to bring total reduction to application process for an application de- tion to $26,510,000,000. $133,000,000. scribed in subsection (a)(1), shall preferential

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Mr. ENSIGN (for himself, Ms. (b) REPORTING IN COURT CASES.—Section at the end the following new subsection: MURKOWSKI, Mr. MCCAIN, Mr. MORAN, 2412(d) of title 28, United States Code, is ‘‘(d) TERMINATION.—This section shall not apply to taxable years beginning after De- and Mr. BARRASSO) submitted an amended by inserting after paragraph (4), the following: cember 31, 2009.’’. amendment intended to be proposed by (b) TERMINATION OF FUND AND ACCOUNT.— him to the bill S. 493, to reauthorize ‘‘(5) The Attorney General of the United States shall issue an annual, online report to (1) TERMINATION OF PRESIDENTIAL ELECTION and improve the SBIR and STTR pro- the Congress on the amount of fees and other CAMPAIGN FUND.— grams, and for other purposes; which expenses awarded during the preceding fiscal (A) IN GENERAL.—Chapter 95 of subtitle H was ordered to lie on the table; as fol- year under this subsection. The report shall of such Code is amended by adding at the end lows: describe the number, nature, and amount of the following new section: At the end of the bill, insert the following: the awards, the claims involved in the con- ‘‘SEC. 9014. TERMINATION. ‘‘The provisions of this chapter shall not TITLE ll—CASTING LIGHT ON EAJA troversy, a justification for awards exceeding apply with respect to any presidential elec- AGENCY RECORDS FOR OVERSIGHT the cap provided in paragraph (2)(A)(ii), and tion (or any presidential nominating conven- ACT OF 2011 any other relevant information that may aid the Congress in evaluating the scope and im- tion) after the date of the enactment of this SEC. l01. SHORT TITLE. pact of such awards. The report shall be section, or to any candidate in such an elec- This title may be cited as the ‘‘Casting made available to the public online and shall tion.’’. Light on EAJA Agency Records for Over- contain a searchable database of total (B) TRANSFER OF EXCESS FUNDS TO GENERAL sight Act of 2011’’. awards given and the total number of cases FUND.—Section 9006 of such Code is amended SEC. l02. FINDINGS. filed, defended, or heard, and shall include by adding at the end the following new sub- The Congress finds the following: with respect to each such case the following: section: (1) The Equal Access to Justice Act, estab- ‘‘(A) The name of the party seeking the ‘‘(d) TRANSFER OF FUNDS REMAINING AFTER lished in 1980 to provide small businesses, in- award of fees and other expenses in the case. TERMINATION.—The Secretary shall transfer dividuals, and public interest groups the op- ‘‘(B) The district court hearing the case. all amounts in the fund after the date of the portunity to recover attorney fees and costs, ‘‘(C) The names of presiding judges in the enactment of this section to the general fund is funded through a permanent Congressional case. of the Treasury, to be used only for reducing appropriation. ‘‘(D) The name of the agency involved in the deficit.’’. (2) The Equal Access to Justice Act, as the case. (2) TERMINATION OF ACCOUNT.—Chapter 96 of passed, includes statutory reporting require- ‘‘(E) The disposition of the application for subtitle H of such Code is amended by adding ments to Congress on the administration and fees and other expenses, including any appeal at the end the following new section: payments funded through the Act. of action taken on the application. ‘‘SEC. 9043. TERMINATION. (3) The Department of Justice and the Ad- ‘‘(F) The hourly rates of attorneys and ex- ‘‘The provisions of this chapter shall not ministrative Conference of the United States pert witnesses stated in the application that apply to any candidate with respect to any ceased reporting to Congress on EAJA pay- was awarded. presidential election after the date of the en- ments and administration in 1995. The report under this paragraph shall cover actment of this section.’’. (4) Payments authorized by EAJA have (c) CLERICAL AMENDMENTS.— payments of fees and other expenses under continued every year without Congressional (1) The table of sections for chapter 95 of this subsection that are made under a settle- oversight. subtitle H of such Code is amended by adding ment agreement.’’. SEC. l03. DATA COMPILATION, REPORTING, AND at the end the following new item: SEC. l04. GAO STUDY. PUBLIC ACCESS. ‘‘Sec. 9014. Termination.’’. (a) REPORTING IN AGENCY ADJUDICATIONS.— Not later than 30 days after the date of en- Section 504(c) of title 5, United States Code, actment of this Act, the Comptroller General (2) The table of sections for chapter 96 of is amended— shall commence an audit of the Equal Access subtitle H of such Code is amended by adding (1) in subsection (c)(1), by striking ‘‘After to Justice Act for the years 1995 through the at the end the following new item: consultation with the Chairman of the Ad- end of the calendar year in which this Act is ‘‘Sec. 9043. Termination.’’. ministrative Conference of the United enacted. The Comptroller General shall, not States, each’’ and inserting ‘‘Each’’; and later than 1 year after the end of the cal- SA 205. Mr. SANDERS submitted an (2) by striking subsection (e) and inserting endar year in which this Act is enacted, com- amendment intended to be proposed by the following: plete such audit and submit to the Congress him to the bill S. 493, to reauthorize ‘‘(e)(1) The Attorney General of the United a report on the results of the audit. and improve the SBIR and STTR pro- States shall issue an annual, online report to grams, and for other purposes; which the Congress on the amount of fees and other Mr. VITTER submitted an SA 203. was ordered to lie on the table; as fol- expenses awarded during the preceding fiscal amendment intended to be proposed by lows: year under this section. The report shall de- him to the bill S. 493, to reauthorize scribe the number, nature, and amount of and improve the SBIR and STTR pro- At the appropriate place, insert the fol- lowing: the awards, the claims involved in the con- grams, and for other purposes; which troversy, a justification for awards exceeding SEC. ll. PARTICIPATION BY COOPERATIVE the cap provided in subsection (b)(1)(A), and was ordered to lie on the table; as fol- GROCERIES. any other relevant information that may aid lows: (a) AMENDMENT.—Section 7(a) of the Small the Congress in evaluating the scope and im- At the end, add the following: Business Act (15 U.S.C. 636(a)) is amended by pact of such awards. The report shall be SEC. 504. PROHIBITION ON FUNDING FOR TITLE adding at the end the following: made available to the public online, and con- X OF THE PUBLIC HEALTH SERVICE ‘‘(36) COOPERATIVE GROCERIES.— tain a searchable database, total awards ACT. ‘‘(A) DEFINITION.—In this paragraph, the given, and total number of applications for Notwithstanding any other provision of term ‘cooperative grocery’ means a business the award of fees and other expenses that law, no Federal funds may be used to carry concern organized as a cooperative that— were filed, defended, and heard, and shall in- out the program under title X of the Public ‘‘(i) is owned by not fewer than 150 and not clude, with respect to each such application, Health Service Act (42 U.S.C. 300 et seq.) to more than 20,000 individuals— the following: provide for voluntary family planning ‘‘(I) that are customers or employees of the ‘‘(A) Name of the party seeking the award projects. All unobligated balances of the dis- business concern; and of fees and other expenses. cretionary appropriations made available for ‘‘(II) no 1 of which owns more than 1 share ‘‘(B) The agency to which the application such purpose as of the date of enactment of of the business concern; for the award was made. this Act are rescinded. ‘‘(ii) distributes any portion of the profits ‘‘(C) The name of administrative law of the business concern to the owners of the judges in the case. SA 204. Mr. VITTER submitted an cooperative; and ‘‘(D) The disposition of the application, in- amendment intended to be proposed by ‘‘(iii) operates a physical storefront selling cluding any appeal of action taken on the ap- him to the bill S. 493, to reauthorize a variety of fruits, vegetables, and dairy plication. and improve the SBIR and STTR pro- products. ‘‘(E) The hourly rates of attorneys and ex- grams, and for other purposes; which ‘‘(B) ELIGIBILITY.—Notwithstanding section pert witnesses stated in the application that 120.110 of title 13, Code of Federal Regula- was awarded. was ordered to lie on the table; as fol- tions, for purposes of this subsection, a coop- ‘‘(2) The report under paragraph (1) shall lows: erative grocery shall be deemed to be a small cover payments of fees and other expenses At the end of title V, add the following: business concern.’’.

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(b) TECHNICAL AMENDMENT.—Section from States with existing programs, rep- (i) provide for visits to existing programs 1133(b) of the Small Business Jobs Act of 2010 resentatives from States developing new pro- by staff from new programs receiving fund- (15 U.S.C. 636 note) is amended— grams, and representatives from States with- ing under this section; and (1) in paragraph (1), by striking ‘‘and’’ at out existing programs. (ii) provide materials to be used for such the end; training. (c) PROGRAMS REGARDING EMPLOYEE OWN- (2) in paragraph (2), by striking the period (4) GUIDANCE.—The Secretary shall issue at the end and inserting ‘‘; and’’; and ERSHIP AND PARTICIPATION.— formal guidance, for recipients of grants (3) by adding at the end the following: (1) ESTABLISHMENT OF PROGRAM.—Not later awarded under subsection (d) and one-stop ‘‘(3) by redesignating paragraph (36), as than 180 days after the date of enactment of partners affiliated with the statewide work- added by the SBIR/STTR Reauthorization this Act, the Secretary shall establish a pro- force investment systems described in sec- Act of 2011, as paragraph (35).’’. gram to encourage new and existing pro- tion 106 of the Workforce Investment Act of grams within the States, designed to foster 1998 (29 U.S.C. 2881), proposing that programs SA 206. Mr. SANDERS submitted an employee ownership and employee participa- and other activities funded under this sec- amendment intended to be proposed by tion in business decisionmaking throughout tion be— him to the bill S. 493, to reauthorize the United States. (A) proactive in encouraging actions and and improve the SBIR and STTR pro- (2) PURPOSE OF PROGRAM.—The purpose of activities that promote employee ownership grams, and for other purposes; which the program established under paragraph (1) of, and participation in, businesses; and was ordered to lie on the table; as fol- is to encourage new and existing programs (B) comprehensive in emphasizing both within the States that focus on— lows: employee ownership of, and participation in, (A) providing education and outreach to in- businesses so as to increase productivity and In title V, insert the following: form employees and employers about the broaden capital ownership. SEC. lll. WORKER OWNERSHIP, READINESS, possibilities and benefits of employee owner- (d) GRANTS.— AND KNOWLEDGE. ship, business ownership succession plan- (1) IN GENERAL.—In carrying out the pro- (a) DEFINITIONS.—In this section: ning, and employee participation in business gram established under subsection (c), the (1) EXISTING PROGRAM.—The term ‘‘existing decisionmaking, including providing infor- Secretary may make grants for use in con- program’’ means a program, designed to pro- mation about financial education, employee nection with new programs and existing pro- mote employee ownership and employee par- teams, open-book management, and other grams within a State for any of the following ticipation in business decisionmaking, that tools that enable employees to share ideas activities: exists on the date the Secretary is carrying and information about how their businesses (A) Education and outreach as provided in out a responsibility authorized by this sec- can succeed; subsection (c)(2)(A). tion. (B) providing technical assistance to assist (B) Technical assistance as provided in (2) INITIATIVE.—The term ‘‘Initiative’’ employee efforts to become business owners, subsection (c)(2)(B). means the Employee Ownership and Partici- to enable employers and employees to ex- (C) Training activities for employees and pation Initiative established under sub- plore and assess the feasibility of transfer- employers as provided in subsection (c)(2)(C). section (b). ring full or partial ownership to employees, (D) Activities facilitating cooperation (3) NEW PROGRAM.—The term ‘‘new pro- and to encourage employees and employers among employee-owned firms. gram’’ means a program, designed to pro- (E) Training as provided in subsection to start new employee-owned businesses; mote employee ownership and employee par- (c)(2)(D) for new programs provided by par- (C) training employees and employers with ticipation in business decisionmaking, that ticipants in existing programs dedicated to respect to methods of employee participa- does not exist on the date the Secretary is the objectives of this section, except that, tion in open-book management, work teams, carrying out a responsibility authorized by for each fiscal year, the amount of the committees, and other approaches for seek- this section. grants made for such training shall not ex- ing greater employee input; and (4) SECRETARY.—The term ‘‘Secretary’’ ceed 10 percent of the total amount of the means the Secretary of Labor, acting (D) training other entities to apply for grants made under this section. through the Assistant Secretary for Employ- funding under this subsection, to establish (2) AMOUNTS AND CONDITIONS.—The Sec- ment and Training. new programs, and to carry out program ac- retary shall determine the amount and any (5) STATE.—The term ‘‘State’’ means any of tivities. conditions for a grant made under this sub- the 50 States within the United States of (3) PROGRAM DETAILS.—The Secretary may section. The amount of the grant shall be America. include, in the program established under subject to paragraph (6), and shall reflect the (b) EMPLOYEE OWNERSHIP AND PARTICIPA- paragraph (1), provisions that— capacity of the applicant for the grant. TION INITIATIVE.— (A) in the case of activities under para- (3) APPLICATIONS.—Each entity desiring a (1) ESTABLISHMENT.—The Secretary of graph (2)(A)— grant under this subsection shall submit an Labor shall establish within the Employ- (i) target key groups such as retiring busi- application to the Secretary at such time, in ment and Training Administration of the De- ness owners, senior managers, unions, trade such manner, and accompanied by such in- partment of Labor an Employee Ownership associations, community organizations, and formation as the Secretary may reasonably and Participation Initiative to promote em- economic development organizations; require. ployee ownership and employee participation (ii) encourage cooperation in the organiza- (4) STATE APPLICATIONS.—Each State may in business decisionmaking. tion of workshops and conferences; and sponsor and submit an application under (2) FUNCTIONS.—In carrying out the Initia- (iii) prepare and distribute materials con- paragraph (3) on behalf of any local entity tive, the Secretary shall— cerning employee ownership and participa- consisting of a unit of State or local govern- (A) support within the States existing pro- tion, and business ownership succession ment, State-supported institution of higher grams designed to promote employee owner- planning; education, or nonprofit organization, meet- ship and employee participation in business (B) in the case of activities under para- ing the requirements of this section. decisionmaking; and graph (2)(B)— (5) APPLICATIONS BY ENTITIES.— (B) facilitate within the States the forma- (i) provide preliminary technical assist- (A) ENTITY APPLICATIONS.—If a State fails tion of new programs designed to promote ance to employee groups, managers, and re- to support or establish a program pursuant employee ownership and employee participa- tiring owners exploring the possibility of em- to this section during any fiscal year, the tion in business decisionmaking. ployee ownership; Secretary shall, in the subsequent fiscal (3) DUTIES.—To carry out the functions (ii) provide for the performance of prelimi- years, allow local entities described in para- enumerated in paragraph (2), the Secretary nary feasibility assessments; graph (4) from that State to make applica- shall— (iii) assist in the funding of objective tions for grants under paragraph (3) on their (A) support new programs and existing pro- third-party feasibility studies and prelimi- own initiative. grams by— nary business valuations, and in selecting (B) APPLICATION SCREENING.—Any State (i) making Federal grants authorized under and monitoring professionals qualified to failing to support or establish a program subsection (d); and conduct such studies; and pursuant to this section during any fiscal (ii)(I) acting as a clearinghouse on tech- (iv) provide a data bank to help employees year may submit applications under para- niques employed by new programs and exist- find legal, financial, and technical advice in graph (3) in the subsequent fiscal years but ing programs within the States, and dissemi- connection with business ownership; may not screen applications by local entities nating information relating to those tech- (C) in the case of activities under para- described in paragraph (4) before submitting niques to the programs; or graph (2)(C)— the applications to the Secretary. (II) funding projects for information gath- (i) provide for courses on employee partici- (6) LIMITATIONS.—A recipient of a grant ering on those techniques, and dissemination pation; and made under this subsection shall not receive, of that information to the programs, by (ii) provide for the development and fos- during a fiscal year, in the aggregate, more groups outside the Employment and Train- tering of networks of employee-owned com- than the following amounts: ing Administration; and panies to spread the use of successful partici- (A) For fiscal year 2012, $300,000. (B) facilitate the formation of new pro- pation techniques; and (B) For fiscal year 2013, $330,000. grams, in ways that include holding or fund- (D) in the case of training under paragraph (C) For fiscal year 2014, $363,000. ing an annual conference of representatives (2)(D)— (D) For fiscal year 2015, $399,300.

VerDate Mar 15 2010 03:46 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.082 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1699 (E) For fiscal year 2016, $439,200. 8,200,000 disabled individuals and their putting food on the table, or paying for their (7) ANNUAL REPORT.—For each year, each spouses, 4,500,000 surviving spouses of de- prescription drugs. recipient of a grant under this subsection ceased workers, and 4,300,000 dependent chil- (22) Social Security is a promise that this shall submit to the Secretary a report de- dren. Nation cannot afford to break. scribing how grant funds allocated pursuant (6) Social Security has never contributed SEC. 603. LIMITATION ON CHANGES TO THE SO- to this subsection were expended during the to the Federal budget deficit or the national CIAL SECURITY PROGRAM FOR CUR- 12-month period preceding the date of the debt, and benefit cuts should not be proposed RENT AND FUTURE BENEFICIARIES. submission of the report. as a solution to reducing the Federal budget (a) IN GENERAL.—Notwithstanding any (e) EVALUATIONS.—The Secretary is author- deficit. other provision of law, it shall not be in ized to reserve not more than 10 percent of (7) Social Security is not in a crisis or order in the Senate or the House of Rep- the funds appropriated for a fiscal year to going bankrupt, as the Social Security Trust resentatives to consider, for purposes of the carry out this section, for the purposes of Funds have been running surpluses for the old-age, survivors, and disability insurance conducting evaluations of the grant pro- last quarter of a century. benefits program established under title II of grams identified in subsection (d) and to pro- (8) According to the Social Security Ad- the Social Security Act (42 U.S.C. 401 et vide related technical assistance. ministration, the Social Security Trust seq.), any legislation that— (f) REPORTING.—Not later than the expira- Funds currently maintain a $2,600,000,000,000 (1) increases the retirement age (as defined tion of the 36-month period following the surplus that is project to grow to in section 216(l)(1) of the Social Security Act date of enactment of this Act, the Secretary $4,200,000,000,000 by 2023. (42 U.S.C. 416(l)(1))) or the early retirement shall prepare and submit to Congress a re- (9) According to the Social Security Ad- age (as defined in section 216(l)(2) of the So- port— ministration, even if no changes are made to cial Security Act (42 U.S.C. 416(l)(2))) for in- (1) on progress related to employee owner- the Social Security program, full benefits dividuals receiving benefits under title II of ship and participation in businesses in the will be available to every recipient until the Social Security Act on or after the date United States; and 2037, with enough funding remaining after of enactment of this Act; (2) containing an analysis of critical costs that date to pay about 78 percent of prom- (2) reduces cost-of-living increases for indi- and benefits of activities carried out under ised benefits. viduals receiving benefits under title II of this section. (10) According to the Social Security Ad- the Social Security Act on or after the date (g) AUTHORIZATIONS OF APPROPRIATIONS.— ministration, ‘‘money flowing into the [So- of enactment of this Act, as determined (1) IN GENERAL.—There are authorized to be cial Security] trust funds is invested in U.S. under section 215(i) of the Social Security appropriated for the purpose of making Government securities . . . the investments Act (42 U.S.C. 415(i)); grants pursuant to subsection (d) the fol- held by the trust funds are backed by the full (3) reduces benefit payment amounts for lowing: faith and credit of the U.S. Government. The individuals receiving benefits under title II (A) For fiscal year 2012, $3,850,000. Government has always repaid Social Secu- of the Social Security Act on or after the (B) For fiscal year 2013, $6,050,000. rity, with interest.’’. date of enactment of this Act; or (C) For fiscal year 2014, $8,800,000. (11) All workers who contribute into Social (4) creates private retirement accounts for (D) For fiscal year 2015, $11,550,000. Security through the 12.4 percent payroll any of the benefits individuals receive under (E) For fiscal year 2016, $14,850,000. tax, which is divided equally between em- title II of the Social Security Act on or after (2) ADMINISTRATIVE EXPENSES.—There are ployees and employers on income up to the date of enactment of this Act. authorized to be appropriated for the purpose $106,800, deserve to have a dignified and se- (b) WAIVER OR SUSPENSION.— of funding the administrative expenses re- cure retirement. (1) IN THE SENATE.—The provisions of this lated to the Initiative, for each of fiscal (12) Social Security provides the majority section may be waived or suspended in the years 2012 through 2016, an amount not in ex- of income for two-thirds of the elderly popu- Senate only by the affirmative vote of two- cess of— lation in the United States, with approxi- thirds of the Members, present and voting. (A) $350,000; or mately one-third of elderly individuals re- (2) IN THE HOUSE.—The provisions of this (B) 5.0 percent of the maximum amount ceiving nearly all of their income from So- section may be waived or suspended in the available under paragraph (1) for that fiscal cial Security. House of Representatives only by a rule or year. (13) Overall, Social Security benefits for order proposing only to waive such provi- retirees currently average a modest $14,000 a sions by an affirmative vote of two-thirds of SA 207. Mr. SANDERS (for himself, year, with the average for women receiving the Members, present and voting. Mr. BROWN of Ohio, Mrs. BOXER, Ms. benefits being less than $12,000 per year. (c) POINT OF ORDER PROTECTION.—In the (14) Nearly 1 out of every 4 adult Social Se- STABENOW, Mr. WHITEHOUSE, and Mr. House of Representatives, it shall not be in curity beneficiaries has served in the United order to consider a rule or order that waives LAUTENBERG) submitted an amendment States military. the application of paragraph (2) of subsection intended to be proposed by him to the (15) Social Security is not solely a retire- (b). bill S. 493, to reauthorize and improve ment program, as it also serves as a dis- (d) MOTION TO SUSPEND.—It shall not be in the SBIR and STTR programs, and for ability insurance program for American order for the Speaker to entertain a motion other purposes; which was ordered to workers who become permanently disabled to suspend the application of this section lie on the table; as follows: and unable to work. under clause 1 of rule XV of the Rules of the (16) The Social Security Disability Insur- At the end, add the following: House of Representatives. ance program is a critical lifeline for mil- TITLE VI—SOCIAL SECURITY PROTECTION lions of American workers, as a 20-year-old SA 208. Mr. BROWN of Massachusetts ACT worker faces a 30 percent chance of becoming submitted an amendment intended to SEC. 601. SHORT TITLE. disabled before reaching retirement age. be proposed by him to the bill S. 493, to This title may be cited as the ‘‘Social Se- (17) Proposals to privatize the Social Secu- reauthorize and improve the SBIR and curity Protection Act of 2011’’. rity program would jeopardize the security STTR programs, and for other pur- SEC. 602. FINDINGS. of millions of Americans by subjecting them Congress makes the following findings: to the ups-and-downs of the volatile stock poses; which was ordered to lie on the (1) Social Security is the most successful market as the source of their retirement table; as follows: and reliable social program in our Nation’s benefits. At the end of title V, add the following: history. (18) Raising the retirement age would jeop- SEC. 504. ITEMIZED FEDERAL TAX RECEIPT. (2) For 75 years, through good times and ardize the retirement future of millions of (a) IN GENERAL.—Chapter 77 of the Internal bad, Social Security has reliably kept mil- American workers, particularly those in Revenue Code of 1986 is amended by adding lions of senior citizens, individuals with dis- physically demanding jobs as well as lower- at the end the following new section: abilities, and children out of poverty. income women, African-Americans, and ‘‘SEC. 7529. FEDERAL TAX RECEIPT. (3) Before President Franklin Roosevelt Latinos, all of whom have a much lower life ‘‘(a) IN GENERAL.—The Secretary shall send signed the Social Security Act into law on expectancy than wealthier Americans. to every taxpayer who files an individual in- August 14, 1935, approximately half of the (19) Social Security benefits have already come tax return for any taxable year an senior citizens in the United States lived in been cut by 13 percent, as the Normal Retire- itemized Federal tax receipt showing a pro- poverty; less than 10 percent of seniors live ment Age was raised in 1983 from 65 years of portionate allocation (in money terms) of in poverty today. age to 67 years of age by 2022. the taxpayer’s total tax payment for such (4) Social Security has succeeded in pro- (20) According to the Social Security Ad- taxable year among major expenditure cat- tecting working Americans and their fami- ministration, raising the retirement age for egories for the fiscal year ending in such tax- lies from devastating drops in household in- future retirees would reduce benefits by 6 to able year. The Federal tax receipt shall also come due to lost wages resulting from retire- 7 percent for each year that the Normal Re- include 2 separate line items showing the ment, disability, or the death of a spouse or tirement Age is raised. amount of Federal debt per legal United parent. (21) Reducing cost-of-living adjustments States resident at the end of such fiscal year, (5) More than 53,000,000 Americans receive for current or future Social Security bene- and the amount of additional borrowing per Social Security benefits, including 36,500,000 ficiaries would force millions of such individ- legal United States resident by the Federal retirees and their spouses, 9,200,000 veterans, uals to choose between heating their homes, Government in such fiscal year.

VerDate Mar 15 2010 03:46 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.096 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1700 CONGRESSIONAL RECORD — SENATE March 15, 2011 ‘‘(b) TOTAL TAX PAYMENTS.—For purposes ‘‘(d) ADDITIONAL MAJOR EXPENDITURE CAT- be proposed by him to the bill S. 493, to of subsection (a), the total tax payment of a EGORIES.—With respect to each fiscal year, reauthorize and improve the SBIR and taxpayer for any taxable year is equal to the the Director of the Congressional Budget Of- STTR programs, and for other pur- fice shall include additional categories and sum of— poses; which was ordered to lie on the ‘‘(1) the tax imposed by subtitle A for such subcategories of Federal spending for pur- taxable year (as shown on such taxpayer’s poses of subsection (c), but only if, and only table; as follows: return), plus for so long as, each such additional category At the end of title V, add the following: ‘‘(2) the tax imposed by section 3101 on or subcategory exceeds 3 percent of total SEC. 504. ITEMIZED FEDERAL TAX RECEIPT. wages received by such taxpayer during such Federal outlays for the fiscal year. (a) IN GENERAL.—Chapter 77 of the Internal taxable year. ‘‘(e) TIMING OF FEDERAL TAX RECEIPT.—A Revenue Code of 1986 is amended by adding Federal tax receipt shall be made available at the end the following new section: ‘‘(c) DETERMINATION OF PROPORTIONATE AL- to each taxpayer as soon as practicable upon LOCATION OF TAX PAYMENT AMONG MAJOR EX- the processing of that taxpayer’s income tax ‘‘SEC. 7529. FEDERAL TAX RECEIPT. PENDITURE CATEGORIES.—For purposes of de- return by the Internal Revenue Service. ‘‘(a) IN GENERAL.—The Secretary shall send termining a proportionate allocation de- ‘‘(f) USE OF TECHNOLOGIES.—The Internal to every taxpayer who files an individual in- scribed in subsection (a), not later than 60 Revenue Service is encouraged to utilize come tax return for any taxable year an days after the end of any fiscal year, the Di- modern technologies such as electronic mail itemized Federal tax receipt showing a pro- rector of the Congressional Budget Office and the Internet to minimize the cost of portionate allocation (in money terms) of shall provide to the Secretary the percentage sending Federal tax receipts to taxpayers. the taxpayer’s total tax payment for such of Federal outlays for such fiscal year for the The Internal Revenue Service shall establish taxable year among major expenditure cat- following categories and subcategories of an interactive program on its Internet egories for the fiscal year ending in such tax- Federal spending: website to allow taxpayers to generate Fed- able year. The Federal tax receipt shall also ‘‘(1) Social Security. eral tax receipts on their own. include 2 separate line items showing the ‘‘(2) National defense. ‘‘(g) COST.—No charge shall be imposed to amount of Federal debt per legal United ‘‘(A) Overseas combat operations. cover any cost associated with the produc- States resident at the end of such fiscal year, ‘‘(3) Medicare. tion or distribution of the Federal tax re- and the amount of additional borrowing per ‘‘(4) Low-income assistance programs. ceipt. legal United States resident by the Federal ‘‘(A) Housing assistance. ‘‘(h) REGULATIONS.—The Secretary may Government in such fiscal year. ‘‘(B) Food stamps and other food programs. prescribe such regulations as may be nec- ‘‘(b) TOTAL TAX PAYMENTS.—For purposes ‘‘(5) Other Federal health programs. essary to carry out this section.’’. of subsection (a), the total tax payment of a ‘‘(A) Medicaid, Children’s Health Insurance (b) CLERICAL AMENDMENT.—The table of taxpayer for any taxable year is equal to the Program, and other public health programs. sections for chapter 77 of the Internal Rev- sum of— enue Code of 1986 is amended by adding at ‘‘(B) National Institutes of Health and ‘‘(1) the tax imposed by subtitle A for such the end the following new item: other health research and training programs. taxable year (as shown on such taxpayer’s ‘‘(C) Food and Drug Administration, Con- ‘‘Sec. 7529. Federal tax receipt.’’. return), plus sumer Product Safety Commission, and (c) EFFECTIVE DATE.—The amendments ‘‘(2) the tax imposed by section 3101 on other regulatory health and safety activi- made by this section shall apply to taxable wages received by such taxpayer during such ties. years beginning after the date of the enact- taxable year. ‘‘(6) Unemployment benefits ment of this Act. ‘‘(c) DETERMINATION OF PROPORTIONATE AL- ‘‘(7) Net interest on the Federal debt. SEC. 505. REDUCTION OF GOVERNMENT PRINT- LOCATION OF TAX PAYMENT AMONG MAJOR EX- ‘‘(8) Veterans benefits and services. ING COSTS. PENDITURE CATEGORIES.—For purposes of de- ‘‘(9) Education. (a) STRATEGY AND GUIDELINES.—Not later termining a proportionate allocation de- ‘‘(A) K-12 and vocational education. than 180 days after the date of the enactment scribed in subsection (a), not later than 60 ‘‘(B) Higher education. of this Act, the Director of the Office of Man- days after the end of any fiscal year, the Di- ‘‘(C) Job training and assistance. agement and Budget shall coordinate with rector of the Congressional Budget Office ‘‘(10) Federal employee retirement and dis- the heads of the Executive departments and shall provide to the Secretary the percentage independent establishments, as those terms ability benefits. of Federal outlays for such fiscal year for the are defined in chapter 1 of title 5, United ‘‘(11) Highway, mass transit, and railroad following categories and subcategories of States Code— funding. Federal spending: (1) to develop a strategy to reduce Govern- ‘‘(12) Mortgage finance (Federal National ‘‘(1) Social Security. ment printing costs during the 10-year period Mortgage Association, Federal Home Loan ‘‘(2) National defense. beginning on September 1, 2011; and Mortgage Corporation, Federal Housing Ad- ‘‘(A) Overseas combat operations. (2) to issue Government-wide guidelines for ministration, and other housing finance pro- ‘‘(3) Medicare. printing that implements the strategy devel- grams). oped under paragraph (1). ‘‘(4) Low-income assistance programs. ‘‘(13) Justice and law enforcement funding, (b) CONSIDERATIONS.— ‘‘(A) Housing assistance. including Federal Bureau of Investigation, (1) IN GENERAL.—In developing the strategy ‘‘(B) Food stamps and other food programs. Federal courts, and Federal prisons. under subsection (a)(1), the Director of the ‘‘(5) Other Federal health programs. ‘‘(14) Natural resources, land, and water Office of Management and Budget and the ‘‘(A) Medicaid, Children’s Health Insurance management and conservation funding, in- heads of the Executive departments and Program, and other public health programs. cluding National Parks. independent establishments shall consider ‘‘(B) National Institutes of Health and ‘‘(15) Foreign aid. guidelines for— other health research and training programs. ‘‘(16) Science and technology research and (A) duplex and color printing; ‘‘(C) Food and Drug Administration, Con- advancement. (B) the use of digital file systems by Exec- sumer Product Safety Commission, and ‘‘(A) National Aeronautics and Space Ad- utive departments and independent estab- other regulatory health and safety activi- ministration. lishments; and ties. ‘‘(17) Air transportation, including Federal (C) determining which Government publi- ‘‘(6) Unemployment benefits Aviation Administration. cations might be made available on Govern- ‘‘(7) Net interest on the Federal debt. ‘‘(18) Farm subsidies. ment Web sites instead of being printed. ‘‘(8) Veterans benefits and services. ‘‘(19) Energy funding, including renewable (2) ESSENTIAL PRINTED DOCUMENTS.—The ‘‘(9) Education. energy and efficiency programs, Strategic Director of the Office of Management and ‘‘(A) K-12 and vocational education. Petroleum Reserve, and Federal Energy Reg- Budget shall ensure that printed versions of ‘‘(B) Higher education. ulatory Commission. documents that the Director determines are ‘‘(C) Job training and assistance. ‘‘(20) Disaster relief and insurance, includ- essential to individuals— ‘‘(10) Federal employee retirement and dis- ing Federal Emergency Management Admin- (A) who are entitled to or enrolled for ben- ability benefits. istration. efits under part A of title XVIII of the Social ‘‘(11) Highway, mass transit, and railroad ‘‘(21) Diplomacy and embassies. Security Act (42 U.S.C. 1395 et seq.); funding. ‘‘(22) Environmental Protection Agency (B) who are enrolled for benefits under part ‘‘(12) Mortgage finance (Federal National and pollution control programs. B of such title; Mortgage Association, Federal Home Loan ‘‘(23) Internal Revenue Service and United (C) who receive old-age survivors’ or dis- Mortgage Corporation, Federal Housing Ad- States Treasury operations. ability insurance payments under title II of ministration, and other housing finance pro- ‘‘(24) Coast Guard and maritime programs. such Act (42 U.S.C. 401 et seq.), or grams). ‘‘(25) Community Development Block (D) who have limited ability to use or ac- ‘‘(13) Justice and law enforcement funding, Grants. cess the Internet, including Federal Bureau of Investigation, ‘‘(26) Congress and legislative branch ac- are available after the issuance of the guide- Federal courts, and Federal prisons. tivities. lines under subsection (a)(2). ‘‘(14) Natural resources, land, and water ‘‘(27) United States Postal Service. management and conservation funding, in- ‘‘(28) Executive Office of the President. SA 209. Mr. BROWN of Massachusetts cluding National Parks. ‘‘(29) Other Federal spending. submitted an amendment intended to ‘‘(15) Foreign aid.

VerDate Mar 15 2010 03:46 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.085 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1701 ‘‘(16) Science and technology research and independent establishments shall consider (2) Regulations designed for application to advancement. guidelines for— large-scale entities have been applied uni- ‘‘(A) National Aeronautics and Space Ad- (A) duplex and color printing; formly to small businesses and other small ministration. (B) the use of digital file systems by Exec- entities, sometimes inhibiting the ability of ‘‘(17) Air transportation, including Federal utive departments and independent estab- small entities to create new jobs. Aviation Administration. lishments; and (3) Uniform Federal regulatory and report- ‘‘(18) Farm subsidies. (C) determining which Government publi- ing requirements in many instances have im- ‘‘(19) Energy funding, including renewable cations might be made available on Govern- posed on small businesses and other small energy and efficiency programs, Strategic ment Web sites instead of being printed. entities unnecessary and disproportionately Petroleum Reserve, and Federal Energy Reg- (2) ESSENTIAL PRINTED DOCUMENTS.—The burdensome demands, including legal, ac- ulatory Commission. Director of the Office of Management and counting, and consulting costs, thereby ‘‘(20) Disaster relief and insurance, includ- Budget shall ensure that printed versions of threatening the viability of small entities ing Federal Emergency Management Admin- documents that the Director determines are and the ability of small entities to compete istration. essential to individuals— and create new jobs in a global marketplace. ‘‘(21) Diplomacy and embassies. (A) who are entitled to or enrolled for ben- (4) Since 1980, Federal agencies have been ‘‘(22) Environmental Protection Agency efits under part A of title XVIII of the Social required to recognize and take account of and pollution control programs. Security Act (42 U.S.C. 1395 et seq.); the differences in the scale and resources of ‘‘(23) Internal Revenue Service and United (B) who are enrolled for benefits under part regulated entities, but in many instances States Treasury operations. B of such title; have failed to do so. ‘‘(24) Coast Guard and maritime programs. (C) who receive old-age survivors’ or dis- (5) In 2009, there were nearly 70,000 pages in ‘‘(25) Community Development Block ability insurance payments under title II of the Federal Register, and, according to re- Grants. such Act (42 U.S.C. 401 et seq.), or search by the Office of Advocacy of the ‘‘(26) Congress and legislative branch ac- (D) who have limited ability to use or ac- Small Business Administration, the annual tivities. cess the Internet, cost of Federal regulations totals ‘‘(27) United States Postal Service. are available after the issuance of the guide- $1,750,000,000,000. Small firms bear a dis- ‘‘(28) Executive Office of the President. lines under subsection (a)(2). proportionate burden, paying approximately ‘‘(29) Other Federal spending. 36 percent more per employee than larger ‘‘(d) ADDITIONAL MAJOR EXPENDITURE CAT- SA 210. Mr. BROWN of Massachusetts firms in annual regulatory compliance costs. EGORIES.—With respect to each fiscal year, submitted an amendment intended to (6) All agencies in the Federal Government the Director of the Congressional Budget Of- be proposed by him to the bill S. 493, to should fully consider the costs, including in- fice shall include additional categories and reauthorize and improve the SBIR and direct economic impacts and the potential subcategories of Federal spending for pur- STTR programs, and for other pur- for job creation and job loss, of proposed poses of subsection (c), but only if, and only poses; which was ordered to lie on the rules, periodically review existing regula- for so long as, each such additional category table; as follows: tions to determine their impact on small en- or subcategory exceeds 3 percent of total tities, and repeal regulations that are unnec- Federal outlays for the fiscal year. At the end of title V, add the following: essarily duplicative or have outlived their ‘‘(e) TIMING OF FEDERAL TAX RECEIPT.—A SEC. 504. REPEAL OF MEDICAL DEVICE EXCISE stated purpose. Federal tax receipt shall be made available TAX. (7) It is the intention of Congress to amend to each taxpayer as soon as practicable upon (a) IN GENERAL.—Subsections (a), (b), and chapter 6 of title 5, United States Code, to (c) of section 1405 of the Health Care and the processing of that taxpayer’s income tax ensure that all impacts, including foresee- Education Reconciliation Act of 2010, and return by the Internal Revenue Service. able indirect effects, of proposed and final the amendments made thereby, are hereby ‘‘(f) USE OF TECHNOLOGIES.—The Internal rules are considered by agencies during the repealed; and the Internal Revenue Code of Revenue Service is encouraged to utilize rulemaking process and that the agencies as- 1986 shall be applied as if such section and modern technologies such as electronic mail amendments had never been enacted. sess a full range of alternatives that will and the Internet to minimize the cost of (b) RESCISSION OF UNSPENT FEDERAL FUNDS limit adverse economic consequences, en- sending Federal tax receipts to taxpayers. TO OFFSET LOSS IN REVENUES.— hance economic benefits, and fully address The Internal Revenue Service shall establish (1) IN GENERAL.—Notwithstanding any potential job creation or job loss. an interactive program on its Internet other provision of law, of all available unob- SEC. l03. INCLUDING INDIRECT ECONOMIC IM- website to allow taxpayers to generate Fed- ligated funds, $39,000,000,000 in appropriated PACT IN SMALL ENTITY ANALYSES. eral tax receipts on their own. discretionary funds are hereby rescinded. Section 601 of title 5, United States Code, ‘‘(g) COST.—No charge shall be imposed to (2) IMPLEMENTATION.—The Director of the is amended by adding at the end the fol- cover any cost associated with the produc- Office of Management and Budget shall de- lowing: tion or distribution of the Federal tax re- termine and identify from which appropria- ‘‘(9) the term ‘economic impact’ means, ceipt. tion accounts the rescission under paragraph with respect to a proposed or final rule— ‘‘(h) REGULATIONS.—The Secretary may (1) shall apply and the amount of such rescis- ‘‘(A) any direct economic effect of the rule prescribe such regulations as may be nec- sion that shall apply to each such account. on small entities; and essary to carry out this section.’’. Not later than 60 days after the date of the ‘‘(B) any indirect economic effect on small (b) CLERICAL AMENDMENT.—The table of enactment of this Act, the Director of the entities, including potential job creation or sections for chapter 77 of the Internal Rev- Office of Management and Budget shall sub- job loss, that is reasonably foreseeable and enue Code of 1986 is amended by adding at mit a report to the Secretary of the Treas- that results from the rule, without regard to the end the following new item: ury and Congress of the accounts and whether small entities are directly regulated ‘‘Sec. 7529. Federal tax receipt.’’. amounts determined and identified for re- by the rule.’’. (c) EFFECTIVE DATE.—The amendments scission under the preceding sentence. SEC. l04. JUDICIAL REVIEW TO ALLOW SMALL made by this section shall apply to taxable (3) EXCEPTION.—This subsection shall not ENTITIES TO CHALLENGE PRO- years beginning after the date of the enact- apply to the unobligated funds of the Depart- POSED REGULATIONS. ment of this Act. ment of Defense or the Department of Vet- Section 611(a) of title 5, United States SEC. 505. REDUCTION OF GOVERNMENT PRINT- erans Affairs. Code, is amended— ING COSTS. (1) in paragraph (1), by inserting ‘‘603,’’ (a) STRATEGY AND GUIDELINES.—Not later SA 211. Ms. SNOWE (for herself and after ‘‘601,’’; than 180 days after the date of the enactment Mr. COBURN) submitted an amendment (2) in paragraph (2), by inserting ‘‘603,’’ of this Act, the Director of the Office of Man- intended to be proposed by her to the after ‘‘601,’’; agement and Budget shall coordinate with bill S. 493, to reauthorize and improve (3) by striking paragraph (3) and inserting the heads of the Executive departments and the SBIR and STTR programs, and for the following: independent establishments, as those terms other purposes; which was ordered to ‘‘(3) A small entity may seek such review are defined in chapter 1 of title 5, United lie on the table; as follows: during the 1-year period beginning on the States Code— date of final agency action, except that— (1) to develop a strategy to reduce Govern- At the end, add the following: ‘‘(A) if a provision of law requires that an ment printing costs during the 10-year period TITLE ll—SMALL BUSINESS action challenging a final agency action be beginning on September 1, 2011; and REGULATORY FREEDOM commenced before the expiration of 1 year, (2) to issue Government-wide guidelines for SEC. l01. SHORT TITLE; TABLE OF CONTENTS. the lesser period shall apply to an action for printing that implements the strategy devel- This title may be cited as the ‘‘Small Busi- judicial review under this section; and oped under paragraph (1). ness Regulatory Freedom Act of 2011’’. ‘‘(B) in the case of noncompliance with sec- (b) CONSIDERATIONS.— SEC. l02. FINDINGS. tion 603 or 605(b), a small entity may seek ju- (1) IN GENERAL.—In developing the strategy Congress finds the following: dicial review of agency compliance with such under subsection (a)(1), the Director of the (1) A vibrant and growing small business section before the close of the public com- Office of Management and Budget and the sector is critical to the recovery of the econ- ment period.’’; and heads of the Executive departments and omy of the United States. (4) in paragraph (4)—

VerDate Mar 15 2010 03:46 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.086 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1702 CONGRESSIONAL RECORD — SENATE March 15, 2011 (A) in subparagraph (A), by striking ‘‘, statement or notice described in subpara- ‘‘(2) If, after a review under paragraph (1), and’’ and inserting a semicolon; graph (A). the Chief Counsel for Advocacy of the Small (B) in subparagraph (B), by striking the pe- ‘‘(c) In reviewing rules under the plan re- Business Administration determines that an riod and inserting ‘‘; or’’; and quired under subsection (a), the agency shall agency has failed to complete the review re- (C) by adding at the end the following: consider— quired under subsection (b), each rule issued ‘‘(C) issuing an injunction prohibiting an ‘‘(1) the continued need for the rule; by the agency that the head of the agency agency from taking any agency action with ‘‘(2) the nature of complaints received by determined under subsection (a) has a sig- respect to a rulemaking until that agency is the agency from small entities concerning nificant economic impact on a substantial in compliance with the requirements of sec- the rule; number of small entities shall immediately tion 603 or 605.’’. ‘‘(3) comments by the Regulatory Enforce- cease to have effect.’’. SEC. l05. PERIODIC REVIEW AND SUNSET OF EX- ment Ombudsman and the Chief Counsel for SEC. l06. REQUIRING SMALL BUSINESS REVIEW ISTING RULES. Advocacy of the Small Business Administra- PANELS FOR ALL AGENCIES. Section 610 of title 5, United States Code, tion; (a) AGENCIES.—Section 609 of title 5, United is amended to read as follows: ‘‘(4) the complexity of the rule; States Code, is amended— ‘‘(5) the extent to which the rule overlaps, (1) in subsection (b), by striking ‘‘a covered ‘‘§ 610. Periodic review of rules duplicates, or conflicts with other Federal agency’’ each place it appears and inserting ‘‘(a)(1) Not later than 180 days after the rules and, unless the head of the agency de- ‘‘an agency’’; and date of enactment of the Small Business termines it to be infeasible, State and local (2) in subsection (e)(1), by striking ‘‘the Regulatory Freedom Act of 2011, each agency rules; covered agency’’ and inserting ‘‘the agency’’. shall establish a plan for the periodic review ‘‘(6) the contribution of the rule to the cu- (b) TECHNICAL AND CONFORMING AMEND- of— mulative economic impact of all Federal MENTS.— ‘‘(A) each rule issued by the agency that rules on the class of small entities affected (1) SECTION 609.—Section 609 of title 5, the head of the agency determines has a sig- by the rule, unless the head of the agency de- United States Code, is amended— nificant economic impact on a substantial termines that such a calculation cannot be (A) by striking subsection (d), as amended number of small entities, without regard to made; by section 1100G(a) of Public Law 111–203 (124 whether the agency performed an analysis ‘‘(7) the length of time since the rule has Stat. 2112); and under section 604 with respect to the rule; been evaluated, or the degree to which tech- (B) by redesignating subsection (e) as sub- and nology, economic conditions, or other fac- section (d). ‘‘(B) any small entity compliance guide re- tors have changed in the area affected by the (2) SECTION 603.—Section 603(d) of title 5, quired to be published by the agency under rule; and United States Code, as added by section section 212 of the Small Business Regulatory ‘‘(8) the impact of the rule, including— 1100G(b) of Public Law 111–203 (124 Stat. 2112), Enforcement Fairness Act of 1996 (5 U.S.C. ‘‘(A) the estimated number of small enti- is amended— 601 note). ties to which the rule will apply; (A) in paragraph (1), by striking ‘‘a covered ‘‘(2) In reviewing rules and small entity ‘‘(B) the estimated number of small entity agency, as defined in section 609(d)(2)’’ and compliance guides under paragraph (1), the jobs that will be lost or created due to the inserting ‘‘the Bureau of Consumer Financial agency shall determine whether the rules rule; and Protection’’; and and guides should— ‘‘(C) the projected reporting, record- (B) in paragraph (2), by striking ‘‘A cov- ‘‘(A) be amended or rescinded, consistent keeping, and other compliance requirements ered agency, as defined in section 609(d)(2),’’ with the stated objectives of applicable stat- of the proposed rule, including— and inserting ‘‘The Bureau of Consumer Fi- utes, to minimize any significant adverse ‘‘(i) an estimate of the classes of small en- nancial Protection’’. economic impacts on a substantial number tities that will be subject to the require- (3) SECTION 604.—Section 604(a) of title 5, of small entities (including an estimate of ment; and United States Code, is amended— any adverse impacts on job creation and em- ‘‘(ii) the type of professional skills nec- (A) by redesignating the second paragraph ployment by small entities); or essary for preparation of the report or designated as paragraph (6) (relating to cov- ‘‘(B) continue in effect without change. record. ered agencies), as added by section ‘‘(3) Each agency shall publish the plan es- ‘‘(d)(1) Each agency shall submit an annual 1100G(c)(3) of Public Law 111–203 (124 Stat. tablished under paragraph (1) in the Federal report regarding the results of the review re- 2113), as paragraph (7); and Register and on the Web site of the agency. quired under subsection (a) to— (B) in paragraph (7), as so redesignated— ‘‘(4) An agency may amend the plan estab- ‘‘(A) Congress; and (i) by striking ‘‘a covered agency, as de- lished under paragraph (1) at any time by ‘‘(B) in the case of an agency that is not an fined in section 609(d)(2)’’ and inserting ‘‘the publishing the amendment in the Federal independent regulatory agency (as defined in Bureau of Consumer Financial Protection’’; Register and on the Web site of the agency. section 3502(5) of title 44), the Administrator and ‘‘(b)(1) Each plan established under sub- of the Office of Information and Regulatory (ii) by striking ‘‘the agency’’ and inserting section (a) shall provide for— Affairs of the Office of Management and ‘‘the Bureau’’. ‘‘(A) the review of each rule and small enti- Budget. (4) EFFECTIVE DATE.—The amendments ty compliance guide described in subsection ‘‘(2) Each report required under paragraph made by this subsection shall take effect on (a)(1) in effect on the date of enactment of (1) shall include a description of any rule or the date of enactment of this Act and apply the Small Business Regulatory Freedom Act guide with respect to which the agency made on and after the designated transfer date es- of 2011— a determination of infeasibility under para- tablished under section 1062 of Public Law ‘‘(i) not later than 8 years after the date of graph (5) or (6) of subsection (c), together 111–203 (12 U.S.C. 5582). with a detailed explanation of the reasons publication of the plan in the Federal Reg- SEC. l07. EXPANDING THE REGULATORY FLEXI- for the determination. ister; and BILITY ACT TO AGENCY GUIDANCE ‘‘(e) Each agency shall publish in the Fed- DOCUMENTS. ‘‘(ii) every 8 years thereafter; and eral Register and on the Web site of the ‘‘(B) the review of each rule adopted and Section 601(2) of title 5, United States agency a list of the rules and small entity Code, is amended by inserting after ‘‘public small entity compliance guide described in compliance guides to be reviewed under the subsection (a)(1) that is published after the comment’’ the following: ‘‘and any signifi- plan required under subsection (a) that in- cant guidance document, as defined in the date of enactment of the Small Business cludes— Office of Management and Budget Final Bul- Regulatory Freedom Act of 2011— ‘‘(1) a brief description of each rule or letin for Agency Good Guidance Procedures ‘‘(i) not later than 8 years after the publi- guide; (72 Fed. Reg. 3432; January 25, 2007)’’. cation of the final rule in the Federal Reg- ‘‘(2) for each rule, the reason why the head ister; and SEC. l08. REQUIRING THE INTERNAL REVENUE of the agency determined that the rule has a SERVICE TO CONSIDER SMALL ENTI- ‘‘(ii) every 8 years thereafter. significant economic impact on a substantial TY IMPACT. ‘‘(2)(A) If an agency determines that the number of small entities (without regard to (a) IN GENERAL.—Section 603(a) of title 5, review of the rules and guides described in whether the agency had prepared a final reg- United States Code, is amended, in the fifth paragraph (1)(A) cannot be completed before ulatory flexibility analysis for the rule); and sentence, by striking ‘‘but only’’ and all that the date described in paragraph (1)(A)(i), the ‘‘(3) a request for comments from the pub- follows through the period at the end and in- agency— lic, the Chief Counsel for Advocacy of the serting ‘‘but only to the extent that such in- ‘‘(i) shall publish a statement in the Fed- Small Business Administration, and the Reg- terpretative rules, or the statutes upon eral Register certifying that the review can- ulatory Enforcement Ombudsman con- which such rules are based, impose on small not be completed; and cerning the enforcement of the rules or pub- entities a collection of information require- ‘‘(ii) may extend the period for the review lication of the guides. ment or a recordkeeping requirement.’’. of the rules and guides described in para- ‘‘(f)(1) With respect to each agency, not (b) DEFINITIONS.—Section 601 of title 5, graph (1)(A) for a period of not more than 2 later than 6 months after each date described United States Code, as amended by section 3 years, if the agency publishes notice of the in subsection (b)(1), the Chief Counsel for Ad- of this Act, is amended— extension in the Federal Register. vocacy of the Small Business Administration (1) in paragraph (6), by striking ‘‘and’’ at ‘‘(B) An agency shall transmit to the Chief shall determine whether the agency has com- the end; and Counsel for Advocacy of the Small Business pleted the review required under subsection (2) by striking paragraphs (7) and (8) and Administration and Congress notice of any (b). inserting the following:

VerDate Mar 15 2010 03:46 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.090 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1703 ‘‘(7) the term ‘collection of information’ ‘‘(B) in any event, not later than 3 months tion 603 before the publication of the final has the meaning given that term in section before the date on which the agency pub- rule, by— 3502(3) of title 44; lishes the rule.’’. ‘‘(A) publishing an initial regulatory flexi- ‘‘(8) the term ‘recordkeeping requirement’ (b) FINAL REGULATORY FLEXIBILITY ANAL- bility analysis for public comment; or has the meaning given that term in section YSIS.— ‘‘(B) re-proposing the rule with an initial 3502(13) of title 44; and’’. (1) IN GENERAL.—Section 604(a) of title 5, regulatory flexibility analysis. SEC. l09. MITIGATING PENALTIES ON SMALL EN- United States Code, is amended— ‘‘(3) The head of an agency may not make TITIES. (A) by inserting ‘‘detailed’’ before ‘‘de- a certification relating to a rule under this scription’’ each place it appears; subsection, unless the head of the agency has Section 223 of the Small Business Regu- (B) in paragraph (2)— determined— latory Enforcement Fairness Act of 1996 (i) by inserting ‘‘detailed’’ before ‘‘state- ‘‘(A) the average cost of the rule for small (Public Law 104–121; 110 Stat. 862) is amended ment’’ each place it appears; and entities affected or reasonably presumed to by adding at the end the following: (ii) by inserting ‘‘(or certification of the be affected by the rule; ‘‘(d) REVIEW OF POLICIES AND PROGRAMS.— proposed rule under section 605(b))’’ after ‘‘(B) the number of small entities affected ‘‘(1) REVIEW REQUIRED.—Not later than 6 ‘‘initial regulatory flexibility analysis’’; or reasonably presumed to be affected by the months after the date of enactment of this (C) in paragraph (4), by striking ‘‘an expla- rule; and subsection, and every 2 years thereafter, nation’’ and inserting ‘‘a detailed expla- ‘‘(C) the number of affected small entities each agency regulating the activities of nation’’; and for which that cost will be significant. small entities shall review the policy or pro- (D) in paragraph (6) (relating to a descrip- ‘‘(4) Before publishing a certification and a gram established by the agency under sub- tion of steps taken to minimize significant statement providing the factual basis for the section (a) and make any modifications to economic impact), as added by section 1601 of certification under paragraph (1), the head of the policy or program necessary to comply the Small Business Jobs Act of 2010 (Public an agency shall— with the requirements under this section. Law 111–240; 124 Stat. 2251), by inserting ‘‘de- ‘‘(A) transmit a copy of the certification ‘‘(2) REPORT.—Not later than 6 months tailed’’ before ‘‘statement’’. and statement to the Chief Counsel for Advo- after the date of enactment of this sub- (2) PUBLICATION OF ANALYSIS ON WEB SITE, cacy of the Small Business Administration; section, and every 2 years thereafter, each ETC.—Section 604(b) of title 5, United States and agency described in paragraph (1) shall sub- Code, is amended to read as follows: ‘‘(B) consult with the Chief Counsel for Ad- mit a report on the review and modifications ‘‘(b) The agency shall— vocacy of the Small Business Administration required under paragraph (1) to— ‘‘(1) make copies of the final regulatory on the accuracy of the certification and ‘‘(A) the Committee on Small Business and flexibility analysis available to the public, statement.’’. Entrepreneurship and the Committee on including by publishing the entire final regu- SEC. l12. ADDITIONAL POWERS OF THE OFFICE Homeland Security and Governmental Af- latory flexibility analysis on the Web site of OF ADVOCACY. fairs of the Senate; and the agency; and Section 203 of Public Law 94–305 (15 U.S.C. ‘‘(B) the Committee on Small Business and ‘‘(2) publish in the Federal Register the 634c) is amended— the Committee on the Judiciary of the House final regulatory flexibility analysis, or a (1) in paragraph (5), by striking ‘‘and’’ at of Representatives.’’. summary of the analysis that includes the the end; SEC. l10. REQUIRING MORE DETAILED SMALL telephone number, mailing address, and ad- (2) in paragraph (6), by striking the period ENTITY ANALYSES. dress of the Web site where the complete at the end and inserting ‘‘; and’’; and (a) INITIAL REGULATORY FLEXIBILITY ANAL- final regulatory flexibility analysis may be (3) by inserting after paragraph (6) the fol- YSIS.—Section 603 of title 5, United States obtained.’’. lowing: Code, as amended by section 1100G(b) of Pub- (c) CROSS-REFERENCES TO OTHER ANAL- ‘‘(7) at the discretion of the Chief Counsel lic Law 111–203 (124 Stat. 2112), is amended— YSES.—Section 605(a) of title 5, United States for Advocacy, comment on regulatory action (1) by striking subsection (b) and inserting Code, is amended to read as follows: by an agency that affects small businesses, the following: ‘‘(a) A Federal agency shall be deemed to without regard to whether the agency is re- ‘‘(b) Each initial regulatory flexibility have satisfied a requirement regarding the quired to file a notice of proposed rule- analysis required under this section shall content of a regulatory flexibility agenda or making under section 553 of title 5, United contain a detailed statement— regulatory flexibility analysis under section States Code, with respect to the action.’’. ‘‘(1) describing the reasons why action by 602, 603, or 604, if the Federal agency provides SEC. l13. TECHNICAL AND CONFORMING the agency is being considered; in the agenda or regulatory flexibility anal- AMENDMENTS. ‘‘(2) describing the objectives of, and legal ysis a cross-reference to the specific portion (a) HEADING.—Section 605 of title 5, United basis for, the proposed rule; of an agenda or analysis that is required by States Code, is amended in the section head- ‘‘(3) estimating the number and type of another law and that satisfies the require- ing by striking ‘‘Avoidance’’ and all that fol- small entities to which the proposed rule ment under section 602, 603, or 604.’’. lows and inserting the following: will apply; (d) CERTIFICATIONS.—Section 605(b) of title ‘‘Incorporations by reference and certifi- ‘‘(4) describing the projected reporting, 5, United States Code, is amended, in the sec- cation.’’. recordkeeping, and other compliance re- ond sentence, by striking ‘‘statement pro- (b) TABLE OF SECTIONS.—The table of sec- quirements of the proposed rule, including viding the factual’’ and inserting ‘‘detailed tions for chapter 6 of title 5, United States an estimate of the classes of small entities statement providing the factual and legal’’. Code, is amended— which will be subject to the requirement and (e) QUANTIFICATION REQUIREMENTS.—Sec- (1) by striking the item relating to section the type of professional skills necessary for tion 607 of title 5, United States Code, is 605 and inserting the following: preparation of the report and record; amended to read as follows: ‘‘605. Incorporations by reference and certifi- ‘‘(5) describing all relevant Federal rules ‘‘§ 607. Quantification requirements cations.’’; which may duplicate, overlap, or conflict ‘‘In complying with sections 603 and 604, an and with the proposed rule, or the reasons why agency shall provide— (2) by striking the item relating to section such a description could not be provided; and ‘‘(1) a quantifiable or numerical descrip- 607 inserting the following: ‘‘(6) estimating the additional cumulative tion of the effects of the proposed or final ‘‘607. Quantification requirements.’’. economic impact of the proposed rule on rule, including an estimate of the potential small entities, including job creation and for job creation or job loss, and alternatives SA 212. Mr. BROWN of Massachusetts employment by small entities, beyond that to the proposed or final rule; or (for himself and Mr. VITTER) submitted already imposed on the class of small enti- ‘‘(2) a more general descriptive statement an amendment intended to be proposed ties by the agency, or the reasons why such regarding the potential for job creation or by him to the bill S. 493, to reauthorize an estimate is not available.’’; and job loss and a detailed statement explaining (2) by adding at the end the following: why quantification under paragraph (1) is and improve the SBIR and STTR pro- ‘‘(e) An agency shall notify the Chief Coun- not practicable or reliable.’’. grams, and for other purposes; which sel for Advocacy of the Small Business Ad- SEC. l11. ENSURING THAT AGENCIES CONSIDER was ordered to lie on the table; as fol- ministration of any draft rules that may SMALL ENTITY IMPACT DURING THE lows: have a significant economic impact on a sub- RULEMAKING PROCESS. At the end of title V, add the following: stantial number of small entities— Section 605(b) of title 5, United States SEC. 504. REPEAL OF IMPOSITION OF WITH- ‘‘(1) when the agency submits a draft rule Code, is amended— HOLDING ON CERTAIN PAYMENTS to the Office of Information and Regulatory (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and MADE TO VENDORS BY GOVERN- Affairs of the Office of Management and (2) by adding at the end the following: MENT ENTITIES. Budget under Executive Order 12866, if that ‘‘(2) If, after publication of the certifi- (a) IN GENERAL.—The amendment made by order requires the submission; or cation required under paragraph (1), the head section 511 of the Tax Increase Prevention ‘‘(2) if no submission to the Office of Infor- of the agency determines that there will be and Reconciliation Act of 2005 is repealed mation and Regulatory Affairs is required— a significant economic impact on a substan- and the Internal Revenue Code of 1986 shall ‘‘(A) a reasonable period before publication tial number of small entities, the agency be applied as if such amendment had never of the rule by the agency; and shall comply with the requirements of sec- been enacted.

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(b) RESCISSION OF UNSPENT FEDERAL FUNDS resources, including airpower, and in the ab- the Administrator of the Environmental TO OFFSET LOSS IN REVENUES.— sence of outside assistance to the opposition, Protection Agency may not take any action (1) IN GENERAL.—Notwithstanding any ‘‘I think [over] the long term that the under the Clean Air Act (42 U.S.C. 7401 et other provision of law, of all available unob- [Qaddafi] regime will prevail.’’ seq.) with respect to any stationary source ligated funds, $39,000,000,000 in appropriated (b) SENSE OF THE SENATE.—The Senate— permitting requirement or any requirement discretionary funds are hereby permanently (1) applauds the bravery of the Libyan peo- under section 111 of that Act (42 U.S.C. 7411) rescinded. ple, who are fighting to secure their uni- relating to carbon dioxide or methane. (2) IMPLEMENTATION.—The Director of the versal rights against the violent dictatorship (b) EXCEPTIONS.—Subsections (a) and (c) Office of Management and Budget shall de- of Muammar Qaddafi; shall not apply to— termine and identify from which appropria- (2) condemns Muammar Qaddafi, and the (1) any action under part A of title II of the tion accounts the rescission under paragraph forces loyal to him, for using overwhelming Clean Air Act (42 U.S.C. 7521 et seq.) relating (1) shall apply and the amount of such rescis- and indiscriminate violence, including the to the vehicle emissions standards; sion that shall apply to each such account. use of airpower and foreign mercenaries, (2) any action relating to the preparation Not later than 60 days after the date of the against peaceful demonstrators and civil- of a report or the enforcement of a reporting enactment of this Act, the Director of the ians, which has resulted in gross human requirement; or Office of Management and Budget shall sub- rights abuses, grave loss of innocent life, and (3) any action relating to the provision of mit a report to the Secretary of the Treas- potentially crimes against humanity; technical support at the request of a State. ury and Congress of the accounts and (3) strongly welcomes the calls for impos- (c) TREATMENT.—Notwithstanding any amounts determined and identified for re- ing a ‘‘no-fly zone’’ in Libya made by the other provision of law, no action taken by scission under the preceding sentence. Arab League, the Gulf Cooperation Council, the Administrator of the Environmental (3) EXCEPTION.—This subsection shall not and the Organization of the Islamic Con- Protection Agency before the end of the 2- apply to the unobligated funds of the Depart- ference; year period described in subsection (a) (in- ment of Defense or the Department of Vet- (4) reiterates that it is the policy of the cluding any action taken before the date of erans Affairs. United States, as stated by President enactment of this Act) shall be considered to Obama, that Colonel Qaddafi must step down make carbon dioxide or methane a pollutant SA 213. Mr. MCCAIN submitted an and leave power; and subject to regulation under the Clean Air amendment intended to be proposed by (5) calls on the President— Act (42 U.S.C. 7401 et seq.) for any source him to the bill S. 493, to reauthorize (A) to recognize the Libyan Transitional other than a new motor vehicle or new and improve the SBIR and STTR pro- National Council, based in Benghazi but rep- motor vehicle engine, as described in section grams, and for other purposes; which resentative of Libyan communities across 202(a) of that Act (42 U.S.C. 7521(a)). was ordered to lie on the table; as fol- the country, as the sole legitimate governing lows: authority in Libya; SA 216. Mr. CASEY submitted an (B) to take immediate steps to implement amendment intended to be proposed by At the end, add the following: a ‘‘no-fly zone’’ in Libya with international SEC. 504. IMPOSITION OF A NO-FLY ZONE AND him to the bill S. 493, to reauthorize support; and and improve the SBIR and STTR pro- RECOGNITION OF THE TRANSI- (C) to develop and implement a comprehen- TIONAL NATIONAL COUNCIL IN grams, and for other purposes; which LIBYA. sive strategy to achieve the stated United States policy objective of Qaddafi leaving was ordered to lie on the table; as fol- (a) FINDINGS.—Congress makes the fol- lows: lowing findings: power. (1) Peaceful demonstrations, inspired by At the end of title III, add the following: similar peaceful demonstrations in Tunisia, SA 214. Mr. NELSON of Nebraska SEC. 3ll. SUBCONTRACTOR NOTIFICATIONS. Egypt, and elsewhere in the Middle East, submitted an amendment intended to Section 8(d) of the Small Business Act (15 began in Libya with calls for greater polit- be proposed by him to the bill S. 493, to U.S.C. 637(d)) is amended by adding at the ical reform, opportunity, justice, and the reauthorize and improve the SBIR and end the following: rule of law and quickly spread to cities STTR programs, and for other pur- ‘‘(13) NOTIFICATION REQUIREMENT.— around the country. poses; which was ordered to lie on the ‘‘(A) IN GENERAL.—An offeror with respect (2) Muammar Qaddafi, his sons, and forces table; as follows: to a contract let by a Federal agency that is loyal to them have responded to the peaceful to be awarded pursuant to the negotiated At the end of title V, insert the following: demonstrations by authorizing and initi- method of procurement that intends to iden- ating violence against civilian non-combat- SEC. lll. SENSE OF THE SENATE. tify a small business concern as a potential ants in Libya, including the use of airpower, (a) FINDINGS.—The Senate finds that— subcontractor in the offer relating to the foreign mercenaries, helicopters, mortar and (1) the debt of the United States exceeds contract shall— artillery fire, naval assets, snipers, and sol- $14,000,000,000,000; ‘‘(i) notify the small business concern that diers. (2) it is important for Congress to use all the offeror intends to identify the small (3) In response to Qaddafi’s assault on the tools at its disposal to address the national business concern as a potential subcon- people of Libya, the imposition of a ‘‘no-fly debt crisis; tractor in the offer; and zone’’ in Libya was called for by the Gulf Co- (3) Congress will not earmark funds for ‘‘(14) REPORTING BY SUBCONTRACTORS.—The operation Council on March 7, 2011; by the projects requested by Members of Congress; Administrator shall establish a reporting head of the Organization of the Islamic Con- and mechanism that allows a subcontractor to ference on March 8, 2011; and by the Arab (4) the earmark ban should be utilized to report fraudulent activity by a contractor League on March 12, 2011. realize actual savings. with respect to a subcontracting plan sub- (4) The Governments of France and the (b) SENSE OF THE SENATE.—It is the sense mitted to a procurement authority under United Kingdom have drafted a United Na- of the Senate that Congress should reduce paragraph (4)(B).’’. tions Security Council Resolution to man- spending by the amount resulting from the date the imposition of a ‘‘no-fly zone’’ in recently announced earmark moratorium. SA 217. Mr. COBURN submitted an Libya. SA 215. Mr. ROCKEFELLER sub- amendment intended to be proposed by (5) The Libyan Transitional National him to the bill S. 493, to reauthorize Council was formed in Benghazi, with rep- mitted an amendment intended to be proposed by him to the bill S. 493, to and improve the SBIR and STTR pro- resentation of Libyan leaders from across grams, and for other purposes; which the country. reauthorize and improve the SBIR and (6) On March 10, 2011, the Government of STTR programs, and for other pur- was ordered to lie on the table; as fol- France recognized the Libyan Transitional poses; which was ordered to lie on the lows: National Council, based in Benghazi, as the table; as follows: At the end of title V, add the following: sole legitimate government of Libya and has At the end, add the following: SEC. ll. ELIMINATING THE NATIONAL HIS- announced its intention to send an ambas- TORIC COVERED BRIDGE PRESERVA- sador there. TITLE VI—BUSINESS INCUBATOR TION PROGRAM. (7) Despite initial gains, the opposition has PROMOTION (a) REPEAL.—Section 1224 of the Transpor- been losing ground against Qaddafi’s forces, SEC. 601. SHORT TITLE. tation Equity Act for the 21st Century (Pub- which are currently advancing against the This title may be cited as the ‘‘EPA Sta- lic Law 105–178; 112 Stat. 225; 112 Stat. 837) is opposition stronghold of Benghazi. tionary Source Regulations Suspension repealed. (8) On March 3, 2011, President Barack Act’’. (b) FUNDING.—Notwithstanding any other Obama said, ‘‘Let me just be very unambig- SEC. 602. SUSPENSION OF CERTAIN EPA ACTION. provision of law— uous about this. Colonel Qaddafi needs to (a) IN GENERAL.—Except as provided in (1) no Federal funds may be expended on or step down from power and leave’’. subsection (b), notwithstanding any provi- after the date of enactment of this Act for (9) On March 10, 2011, the Director of Na- sion of the Clean Air Act (42 U.S.C. 7401 et the National Historic Covered Bridge Preser- tional Intelligence testified before Congress seq.), until the end of the 2-year period be- vation Program under the section repealed that, because of Qaddafi’s superior military ginning on the date of enactment of this Act, by subsection (a); and

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(2) any funds made available for that pro- (A) $5,000,000,000; or (b) SHARING.—The General Services Admin- gram that remain unobligated as of the date (B) the total amount of cost savings esti- istration shall ensure agencies may share ex- of enactment of this Act shall be rescinded mated by paragraph (3). cess or unused vehicles with agencies that and returned to the Treasury. may need temporary or long term use of ad- SA 220. Mr. COBURN submitted an ditional vehicles through the Federal Fleet SA 218. Mr. COBURN submitted an amendment intended to be proposed by Management System. amendment intended to be proposed by him to the bill S. 493, to reauthorize (c) EXCEPTION.—This moratorium shall not him to the bill S. 493, to reauthorize and improve the SBIR and STTR pro- apply to the purchase or procurement of any and improve the SBIR and STTR pro- grams, and for other purposes; which vehicle deemed essential for defense or secu- grams, and for other purposes; which rity reasons or necessary for other reasons was ordered to lie on the table; as fol- deemed as essential and approved by the di- was ordered to lie on the table; as fol- lows: rector of the Office of Management and lows: At the end of title V, add the following: Budget. At the end of title V, add the following: SEC. ll. ELIMINATING THE TAX CREDIT SUB- (d) STUDY.— The Inspector General of each SEC. ll. TERMINATING LEFTOVER CONGRES- SIDY OF ETHANOL. department and agency shall review its re- SIONAL EARMARK ACCOUNTS. (a) ELIMINATION OF EXCISE TAX CREDIT OR spective agencies system for monitoring the (a) IN GENERAL.—Any language specifying PAYMENT.— use of motor vehicle owned or leased by the an earmark in an appropriations Act for fis- (1) Section 6426(b)(6) of the Internal Rev- Government for non-official use, including a cal year 2010, or in a committee report or enue Code of 1986 is amended by striking review of the ‘‘written authorizations within joint explanatory statement accompanying ‘‘December 31, 2011’’ and inserting ‘‘the date the agency’’ to monitor the use of motor ve- such an Act, shall have no legal effect. of the enactment of the SBIR/STTR Reau- hicles in each agencies fleet, as required (b) DEFINITION.—For purposes of this sec- thorization Act of 2011)’’. under 41 C.F.R. § 102–34 and report the find- tion, the term ‘‘earmark’’ means a congres- (2) Section 6427(e)(6)(A) of such Code is ings to Congress no later than 180 days after sional earmark or congressionally directed amended by striking ‘‘December 31, 2011’’ and the enactment of this Act. spending item, as defined in clause 9(e) of inserting ‘‘the date of the enactment the rule XXI of the Rules of the House of Rep- SBIR/STTR Reauthorization Act of 2011’’. SA 222. Mr. COBURN submitted an resentatives and paragraph 5(a) of rule XLIV. (b) ELIMINATION OF INCOME TAX CREDIT.— amendment intended to be proposed by (c) REDUCTION REQUIRED.—Any funds ap- The table contained in section 40(h)(2) of the him to the bill S. 493, to reauthorize propriated in fiscal year 2011 to any program Internal Revenue Code of 1986 is amended— and improve the SBIR and STTR pro- shall be reduced by the total amount of con- (1) by striking ‘‘2011’’ and inserting ‘‘the grams, and for other purposes; which gressional earmarks or congressionally di- enactment date of the SBIR/STTR Reauthor- rected spending items contained within a ization Act of 2011’’, was ordered to lie on the table; as fol- committee report or joint explanatory state- (2) by adding at the end the following: lows: ment accompanying such an Act that pro- ‘‘After such enactment . . . zero zero’’. At the end of title V, add the following: vided appropriations to the program in fiscal (c) REPEAL OF DEADWOOD.— SEC.ll . PROHIBITION ON FEDERAL FUNDS FOR year 2010. (1) Section 40(h) of the Internal Revenue CORPORATION FOR PUBLIC BROAD- (d) RESCISSION.—The amounts reduced by Code of 1986 is amended by striking para- CASTING. subsection (c) are rescinded and returned to graph (3). (a) IN GENERAL.—Section 396 of the Com- the Treasury. (2) Section 6426(b)(2) of such Code is amend- munications Act of 1934 (47 U.S.C. 396) is (e) PRIOR LAW.—Subsections (c) and (d) ed by striking subparagraph (C). amended by adding at the end the following shall not apply to any programs or accounts (d) EFFECTIVE DATE.—The amendments new subsection: that were reduced in the same manner by made by this section shall apply to any sale, ‘‘Prohibition on Federal Funds After Fiscal Public Law 112–4 or any other bill that takes use, or removal for any period after the date Year 2012 effect prior to date of enactment of this Act. of the enactment of the Act. ‘‘(n) No Federal funds may be made avail- able to the Corporation for Public Broad- SA 219. Mr. COBURN submitted an SA 221. Mr. COBURN submitted an casting after fiscal year 2012.’’. amendment intended to be proposed by amendment intended to be proposed by (b) CORPORATION PROHIBITED FROM ACCEPT- him to the bill S. 493, to reauthorize him to the bill S. 493, to reauthorize ING FEDERAL FUNDS.—Subsection (g) of sec- and improve the SBIR and STTR pro- and improve the SBIR and STTR pro- tion 396 of the Communications Act of 1934 grams, and for other purposes; which grams, and for other purposes; which (47 U.S.C. 396(g)) is amended— was ordered to lie on the table; as fol- was ordered to lie on the table; as fol- (1) in paragraph (2)(A), by inserting ‘‘sub- lows: lows: ject to paragraph (3)(C),’’ before ‘‘obtain’’; and At the end of title V, add the following: At the end of title V, add the following: (2) in paragraph (3)— SEC. ll. CONSOLIDATING UNNECESSARY DUPLI- SEC.ll . REDUCING THE NUMBER OF NON-ES- (A) in subparagraph (A), by striking ‘‘; CATIVE AND OVERLAPPING GOV- SENTIAL NEW VEHICLES PUR- and’’ and inserting a semicolon; ERNMENT PROGRAMS. CHASED AND LEASED BY THE FED- (B) in subparagraph (B), by striking the pe- Notwithstanding any other provision of ERAL GOVERNMENT. riod at the end and inserting ‘‘; and’’; and law, not later than 150 days after the date of (a) REDUCTIONS IN NON-ESSENTIAL VEHICLE (C) by adding at the end the following new enactment of this Act, the Director of the PURCHASES.—Notwithstanding any other pro- subparagraph: Office of Management and Budget shall co- vision of law, the Office of Management and ‘‘(C) accepting funds from the Federal Gov- ordinate with the heads of the relevant de- Budget shall coordinate with the heads of ernment after fiscal year 2012.’’. partment and agencies to— the relevant departments and agencies to— (c) CONFORMING AMENDMENTS.—Section 396 (1) use available administrative authority (1) Determine the total dollar amount of the Communications Act of 1934 (47 U.S.C. to eliminate, consolidate, or streamline Gov- spent by each department and agency to pur- 396) is further amended— ernment programs and agencies with dupli- chase of civilian and non-tactical vehicles in (1) in subsection (k)(3)(A)(iv)(II), by insert- cative and overlapping missions identified in Fiscal Year 2010; ing ‘‘through fiscal year 2012’’ after the March 2011 Government Accountability (2) Determine the total dollar amount ‘‘amounts received’’; and Office report to Congress entitled ‘‘Opportu- spent by each department and agency to (2) in subsection (m)— nities to Reduce Potential Duplication in lease civilian and non-tactical vehicles in (A) in paragraph (1), by inserting ‘‘through Government Programs, Save Tax Dollars, Fiscal Year 2010; fiscal year 2012’’ after ‘‘every three years and Enhance Revenue’’ (GAO–11–318SP); (3) Determine the total number of civilian thereafter’’; and (2) identify and report to Congress any leg- and non-tactical vehicles purchased by each (B) in paragraph (2), by inserting ‘‘and islative changes required to further elimi- department and agency in Fiscal Year 2010; through fiscal year 2012,’’ after ‘‘1989,’’. nate, consolidate, or streamline Government (4) Determine the total number of civilian (d) PARTIAL RESCISSION OF FUNDING FOR programs and agencies with duplicative and and non-tactical vehicles leased by each de- CORPORATION FOR PUBLIC BROADCASTING.— overlapping missions identified in the March partment and agency in Fiscal Year 2010; Notwithstanding any other provision of 2011 Government Accountability Office re- (5) Determine the dollar amounts that law— port to Congress entitled ‘‘Opportunities to would be twenty percent less than (1) and (2); (1) $100,000,000 of the funds made available Reduce Potential Duplication in Govern- (6) Reduce the dollar amounts spent to pur- for fiscal year 2012 under the heading ‘‘Cor- ment Programs, Save Tax Dollars, and En- chase and lease civilian and non-tactical ve- poration for Public Broadcasting’’ in division hance Revenue’’ (GAO–11–318SP); hicles by each department and agency by the D of Public Law 111–117 are rescinded; and (3) determine the total cost savings that dollar amounts identified by (5) in Fiscal (2) a portion of the remaining Federal shall result to each agency, office, and de- Years 2011 and 2012; and funds made available under the heading partment from the actions taken described (7) Rescind the amounts identified from (5) ‘‘Corporation for Public Broadcasting’’ under in subsection (1); and from each department and agency in Fiscal such Act may be used during that fiscal year (4) rescind from the appropriate accounts Years 2011 and 2012 and return those amounts by the Corporation to wind down its oper- the amount greater of— to the Treasury. ations.

VerDate Mar 15 2010 04:32 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.089 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1706 CONGRESSIONAL RECORD — SENATE March 15, 2011 SA 223. Mr. COBURN submitted an counting Standards No. 157 of the Financial ‘‘(V) not permanent, temporary in nature. amendment intended to be proposed by Accounting Standards Board.’’. ‘‘(ii) UNFORSEEN.—An emergency that is him to the bill S. 493, to reauthorize part of an aggregate level of anticipated SA 226. Mr. THUNE submitted an and improve the SBIR and STTR pro- emergencies, particularly when normally es- amendment intended to be proposed by timated in advance, is not unforeseen.’’. grams, and for other purposes; which him to the bill S. 493, to reauthorize was ordered to lie on the table; as fol- and improve the SBIR and STTR pro- SA 228. Mr. CARDIN submitted an lows: grams, and for other purposes; which amendment intended to be proposed by At the end of title V, add the following: was ordered to lie on the table; as fol- him to the bill S. 493, to reauthorize SEC. ll. ENDING UNEMPLOYMENT PAYMENTS lows: and improve the SBIR and STTR pro- TO JOBLESS MILLIONAIRES AND At the end of title V, insert the following: grams, and for other purposes; which BILLIONAIRES. was ordered to lie on the table; as fol- (a) PROHIBITION.—Notwithstanding any SEC. lll. PAYGO AND TRUST FUNDS. other provision of law, no Federal funds may (a) IN GENERAL.—Any increase in revenues lows: be used to make payments of unemployment or reduced spending in a Federal trust fund On page 4, line 9, strike ‘‘2019’’ and insert compensation (including such compensation resulting from a bill, amendment, resolu- ‘‘2023’’. under the Federal-State Extended Com- tion, motion, or conference report shall— On page 4, line 17, strike ‘‘2019’’ and insert pensation Act of 1970 and the emergency un- (1) not be counted for purposes of offsetting ‘‘2023’’. employment compensation program under revenues, receipts, or discretionary spending f title IV of the Supplemental Appropriations under the Congressional Budget Act of 1974 Act, 2008) in a year to an individual whose or the Statutory Pay-As-You-Go Act of 2010; AUTHORITY FOR COMMITTEES TO resources in the preceding year were equal to and MEET (2) only be used for the purposes of the or greater than $1,000,000. For purposes of the COMMITTEE ON ARMED SERVICES preceding sentence, with respect to a year, Federal trust as provided by law. (b) INTERGOVERNMENTAL TRANSFERS.— Ms. LANDRIEU. Mr. President, I ask an individual’s resources shall be determined Nothing in this section shall impact inter- unanimous consent that the Com- in the same manner as a subsidy eligible in- governmental lending from a Federal trust mittee on Armed Services be author- dividual’s resources are determined for the fund to annual government operations. year under section 1860D–14(a)(3)(E) of the ized to meet during the session of the Social Security Act (42 U.S.C. 1395w–1 Senate on March 15, 2011, at 9:30 a.m. SA 227. Mr. THUNE submitted an The PRESIDING OFFICER. Without 14(a)(3)(E)). amendment intended to be proposed by (b) EFFECTIVE DATE.—The prohibition objection, it is so ordered. him to the bill S. 493, to reauthorize under subsection (a) shall apply to weeks of COMMITTEE ON BANKING, HOUSING, AND URBAN and improve the SBIR and STTR pro- unemployment beginning on or after the AFFAIRS grams, and for other purposes; which date of the enactment of this Act. Ms. LANDRIEU. Mr. President, I ask was ordered to lie on the table; as fol- unanimous consent that the Com- SA 224. Mrs. HUTCHISON submitted lows: mittee on Banking, Housing, and an amendment intended to be proposed At the end of title V, insert the following: Urban Affairs be authorized to meet by her to the bill S. 493, to reauthorize SEC. lll. EMERGENCY DESIGNATIONS. during the session of the Senate on and improve the SBIR and STTR pro- Section 4(g)(3) of the Statutory Pay-As- March 15, 2011, at 10 a.m. grams, and for other purposes; which You-Go Act of 2010 (Public Law 111-139) is The PRESIDING OFFICER. Without was ordered to lie on the table; as fol- amended to read as follows: objection, it is so ordered. lows: ‘‘(3) PROCEDURE IN THE SENATE AND VOTE REQUIREMENT.— COMMITTEE ON COMMERCE, SCIENCE, AND At the end of title V, add the following: ‘‘(A) IN GENERAL.—When the Senate is con- TRANSPORTATION TITLE VI—PATIENTS’ FREEDOM TO sidering a PAYGO Act, any provision mak- Ms. LANDRIEU. Mr. President, I ask CHOOSE ing an emergency designation shall be unanimous consent that the Com- SEC. 601. REPEAL OF DISTRIBUTIONS FOR MEDI- stricken from the measure and may not be mittee on Commerce, Science, and CINE QUALIFIED ONLY IF FOR PRE- offered as an amendment from the floor un- SCRIBED DRUG OR INSULIN. less a waiver is offered and agreed to. Transportation be authorized to meet Section 9003 of the Patient Protection and ‘‘(B) SUPERMAJORITY WAIVER AND AP- during the session of the Senate on Affordable Care Act (Public Law 111–148) and PEALS.— March 15, 2011, at 2:30 p.m. in room 253 the amendments made by such section are ‘‘(i) WAIVER.—Subparagraph (A) may be of the Russell Senate Office Building. repealed; and the Internal Revenue Code of waived or suspended in the Senate only by The PRESIDING OFFICER. Without 1986 shall be applied as if such section, and an affirmative vote of two-thirds of the objection, it is so ordered. amendments, had never been enacted. Members, duly chosen and sworn. COMMITTEE ON INDIAN AFFAIRS SEC. 602. REPEAL OF LIMITATION ON HEALTH ‘‘(ii) APPEALS.—Appeals in the Senate from Ms. LANDRIEU. Mr. President, I ask FLEXIBLE SPENDING ARRANGE- the decisions of the Chair relating to any MENTS UNDER CAFETERIA PLANS. provision of this subsection shall be limited unanimous consent that the Com- Sections 9005 and 10902 of the Patient Pro- to 1 hour, to be equally divided between, and mittee on Indian Affairs be authorized tection and Affordable Care Act (Public Law controlled by, the appellant and the manager to meet during the session of the Sen- 111–148) and section 1403 of the Health Care of the bill or joint resolution, as the case ate on March 15, 2011, at 10 a.m. in and Education Reconciliation Act of 2010 may be. An affirmative vote of two-thirds of Room 628 of the Dirksen Senate Office (Public Law 111–152) and the amendments the Members of the Senate, duly chosen and Building. made by such sections are repealed. sworn, shall be required to sustain an appeal The PRESIDING OFFICER. Without of the ruling of the Chair on a point of order objection, it is so ordered. SA 225. Mr. THUNE submitted an raised under this subsection. COMMITTEE ON THE JUDICIARY amendment intended to be proposed by ‘‘(C) WAIVER PETITION.—Prior to making a him to the bill S. 493, to reauthorize motion to waive under this paragraph, a Sen- Ms. LANDRIEU. Mr. President, I ask and improve the SBIR and STTR pro- ator shall file a petition— unanimous consent that the Com- grams, and for other purposes; which ‘‘(i) signed by 16 members requesting the mittee on the Judiciary be authorized waiver; to meet during the session of the Sen- was ordered to lie on the table; as fol- ‘‘(ii) with a Member of both the majority lows: ate on March 15, 2011, at 10:15 a.m., in and minority signing; and room SD–226 of the Dirksen Senate Of- ‘‘(iii) stating that the spending is an emer- At the end of title V, insert the following: fice Building, to conduct a hearing en- SEC. lll. CREDIT REFORM ACT TREATMENT OF gency as described in subparagraph (D). THE PURCHASE OF PRIVATE STOCK, ‘‘(D) EMERGENCY SPENDING.— titled ‘‘The Freedom of Information EQUITY, OR CAPITAL. ‘‘(i) IN GENERAL.—For purposes of this sub- Act: Ensuring Transparency and Ac- Section 502(5) of the Federal Credit Reform paragraph, spending is emergency spending if countability in the Digital Age.’’ Act of 1990 (2 U.S.C. 661a(5) is amended by in- the spending is— The PRESIDING OFFICER. Without serting at the end the following: ‘‘(I) necessary, essential, or vital (not objection, it is so ordered. ‘‘(G) The cost of the purchase of stock, eq- merely useful or beneficial); SELECT COMMITTEE ON INTELLIGENCE uity, capital, or debt instruments, or the op- ‘‘(II) sudden, quickly coming into being, Ms. LANDRIEU. Mr. President, I ask tion to purchase any such assets, of a private and not building up over time; or publicly-traded company or any enter- ‘‘(III) an urgent, pressing, and compelling unanimous consent that the Select prise under the conservatorship of the Fed- need requiring immediate action; Committee on Intelligence be author- eral Government shall be determined on a ‘‘(IV) subject to clause (ii), unforeseen, un- ized to meet during the session of the fair value basis according to Financial Ac- predictable, and unanticipated; and Senate on March 15, 2011, at 2:30 p.m.

VerDate Mar 15 2010 03:46 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.098 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 15, 2011 CONGRESSIONAL RECORD — SENATE S1707 The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- REAPPOINTMENT OF SHIRLEY objection, it is so ordered. imous consent that the resolution be ANN JACKSON AS A CITIZEN RE- SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- agreed to, the preamble be agreed to, GENT OF THE SMITHSONIAN AGEMENT, GOVERNMENT INFORMATION, FED- and the motions to reconsider be laid BOARD OF REGENTS ERAL SERVICES, AND INTERNATIONAL SECU- upon the table. RITY Ms. LANDRIEU. Mr. President, I ask The PRESIDING OFFICER. Without APPOINTMENT OF STEPHEN M. unanimous consent that the Com- objection, it is so ordered. CASE AS A CITIZEN REGENT OF mittee on Homeland Security and Gov- The resolution (S. Res. 96) was agreed THE SMITHSONIAN BOARD OF REGENTS ernmental Affairs’ Subcommittee on to. Federal Financial Management, Gov- ernment Information, Federal Serv- The preamble was agreed to. REAPPOINTMENT OF ROBERT P. ices, and International Security be au- The resolution, with its preamble, KOGOD AS A CITIZEN REGENT thorized to meet during the session of reads as follows: the Senate on March 15, 2011, at 2:30 OF THE SMITHSONIAN BOARD OF p.m. to conduct a hearing entitled ‘‘En- S. RES. 96 REGENTS hancing the President’s Authority to Whereas, on March 3, 1911, Congress was Mr. REID. Mr. President, I ask unan- Eliminate Wasteful Spending and Re- the first to officially recognize dentistry as a imous consent that the Rules Com- duce the Budget Deficit.’’ distinct profession by establishing an Army mittee be discharged from further con- The PRESIDING OFFICER. Without Dental Service with commissioned officers, a sideration of S.J. Res. 7, 8, and 9, and objection, it is so ordered. seminal event for dentistry as well as for the Senate proceed to their immediate military history; consideration en bloc; that the joint f Whereas dental health is a critical compo- resolutions be read three times and PRIVILEGES OF THE FLOOR nent of military medical readiness; Whereas, throughout history, the Army passed en bloc, the motions to recon- Ms. LANDRIEU. Mr. President, I ask Dental Corps has preserved the strength of sider be laid upon the table en bloc, unanimous consent that the following the Army by minimizing risk for and expe- with no intervening action or debate, staff of the Finance Committee be diting treatment of dental emergencies; and that any statements be printed in granted the privilege of the floor for Whereas the Army Dental Corps works the RECORD. the duration of the debate: Andrew continuously to improve the oral health of The PRESIDING OFFICER. Without Fishburn, Eric Roberts, and Cindy soldiers and their families by supporting in- objection, it is so ordered. Yang. dividual and community prevention initia- The joint resolutions were ordered to The PRESIDING OFFICER. Without tives, good oral hygiene practices, and evi- a third reading, were read the third objection, it is so ordered. dence-based treatment; time, and passed, as follows: Whereas the Army Dental Corps endeavors f S.J. RES. 7 to improve oral health world-wide by partici- Resolved by the Senate and House of Rep- ORDER OF PROCEDURE pating in the full spectrum of military and resentatives of the United States of America in peacekeeping operations, serving as dental Mr. REID. Mr. President, I ask unan- Congress assembled, That, in accordance with imous consent that when the Senate ambassadors through care rendered to section 5581 of the Revised Statutes (20 resumes its consideration of S. 493 to- United States and coalition military per- U.S.C. 43), the vacancy on the Board of Re- sonnel during combat operations, and local morrow, Wednesday, March 16, the Sen- gents of the Smithsonian Institution, in the national citizens in humanitarian oper- class other than Members of Congress, occur- ate proceed to votes in relation to the ations; amendments listed: Nelson of Nebraska ring by reason of the expiration of the term Whereas the Army Dental Corps, in col- of Shirley Ann Jackson of New York, is filled No. 182 and Snowe-Landrieu-Coburn laboration with national and international by reappointment of the incumbent for a No. 193; that there be 2 minutes of de- dental organizations, promotes synergy term of 6 years, effective May 6, 2011. bate equally divided prior to each vote; among all dental professionals; S.J. RES. 8 that no amendments be in order to ei- Whereas the Army Dental Corps supports Resolved by the Senate and House of Rep- ther amendment prior to the votes, and the mission of the Federal dental research resentatives of the United States of America in that the motions to reconsider be con- program, and endorses improved dental tech- Congress assembled, That, in accordance with sidered made and laid upon the table nologies and therapies through research and section 5581 of the Revised Statutes (20 with no interviewing action or debate. adherence to sound scientific principles; and U.S.C. 43), the vacancy on the Board of Re- Further, I ask that following those Whereas the Army Dental Corps recognizes gents of the Smithsonian Institution, in the votes, the next first-degree amend- the importance of lifelong pursuit of con- class other than Members of Congress, occur- ments in order be the following: Casey tinuing dental education, and executes this ring by reason of the resignation of Phillip No. 216, Cornyn No. 186, Sanders No. mission through specialty dental education Frost of Florida is filled by the appointment and postgraduate residencies and fellowships of Stephen M. Case of Virginia. The appoint- 207, Paul No. 199, a Democratic amend- for its members: Now, therefore, be it ment is for a term of 6 years, effective on the ment, and Hutchison No. 197. date of enactment of this joint resolution. The PRESIDING OFFICER (Mr. Resolved, That the Senate— (1) congratulates the Army Dental Corps S.J. RES. 9 UDALL of Colorado). Without objection, on its 100th anniversary; Resolved by the Senate and House of Rep- it is so ordered. (2) commends the Army Dental Corps for resentatives of the United States of America in f its work to improve the dental readiness of Congress assembled, That, in accordance with CONGRATULATING THE ARMY the Army, and the oral health of soldiers and section 5581 of the Revised Statutes (20 U.S.C. 43), the vacancy on the Board of Re- DENTAL CORPS their families; (3) recognizes the thousands of dentists gents of the Smithsonian Institution, in the Mr. REID. Mr. President, I ask unan- who have served in the Army Dental Corps class other than Members of Congress, occur- ring by reason of the expiration of the term imous consent that the Committee on over the last 100 years, providing dental care of Robert P. Kogod of the District of Colum- Armed Services be discharged from fur- to millions of members of the Armed Forces ther consideration of S. Res. 96 and the bia, is filled by reappointment of the incum- and their families; and bent for a term of 6 years, effective May 6, Senate proceed to its immediate con- (4) commends the Army Dental Corps for 2011. sideration. its efforts to keep America’s soldiers healthy f The PRESIDING OFFICER. Without and the best fighting force in the world. objection, it is so ordered. MEASURE READ THE FIRST The clerk will report the resolution TIME—H.J. RES. 48 by title. Mr. REID. Mr. President, H.J. Res. 48 The legislative clerk read as follows: has been received from the House and A resolution (S. Res. 96) congratulating the is at the desk. Army Dental Corps on its 100th anniversary. The PRESIDING OFFICER. The There being no objection, the Senate clerk will read the measure by title for proceeded to consider the resolution. the first time.

VerDate Mar 15 2010 04:32 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A15MR6.095 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1708 CONGRESSIONAL RECORD — SENATE March 15, 2011 The assistant legislative clerk read morning hour be deemed expired, the about 10:30 in the morning in relation as follows: time for the two leaders be reserved for to the Nelson of Nebraska and the A joint resolution (H.J. Res. 48) making their use later in the day, and that fol- Snowe-Landrieu-Coburn amendment. further continuing appropriations for fiscal lowing leader remarks, there be a pe- Additional rollcall votes are expected year 2011, and for other purposes. riod of morning business until 10:30 to occur throughout the day. Under a Mr. REID. Mr. President, I ask for its a.m., with Senators permitted to speak previous order, Senator BLUMENTHAL second reading and object to my own therein for up to 10 minutes each, with will be recognized at 12 noon for up to request. the time equally divided and controlled 20 minutes in order to give his maiden The PRESIDING OFFICER. Objec- between the two leaders or their des- speech. tion is heard. The joint resolution will ignees, with the majority controlling be read a second time on the next legis- the first half and the Republicans con- f lative day. trolling the final half; further, that fol- f lowing morning business, the Senate resume consideration of S. 493, the ADJOURNMENT UNTIL 9:30 A.M. ORDERS FOR WEDNESDAY, MARCH SBIR and STTR Reauthorization Act TOMORROW 16, 2011 of 2011. Mr. REID. If there is no further busi- Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without imous consent that when the Senate ness to come before the Senate, I ask objection, it is so ordered. unanimous consent that it adjourn completes its business today, it ad- f journ until tomorrow at 9:30 a.m., under the previous order. Wednesday, March 16; that following PROGRAM There being no objection, the Senate, the prayer and pledge, the Journal of Mr. REID. Senators should expect at 7:13 p.m., adjourned until Wednes- proceedings be approved to date, the the first votes of the day to begin at day, March 16, 2011, at 9:30 a.m.

VerDate Mar 15 2010 03:46 Mar 16, 2011 Jkt 099060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\G15MR6.036 S15MRPT1 tjames on DSKG8SOYB1PROD with SENATE