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

Vol. 156 WASHINGTON, THURSDAY, JULY 22, 2010 No. 109 Senate The Senate met at 9:30 a.m. and was appoint the Honorable KIRSTEN E. reached, we would have the first clo- called to order by the Honorable GILLIBRAND, a Senator from the State of New ture vote tomorrow morning. KIRSTEN E. GILLIBRAND, a Senator from York, to perform the duties of the Chair. Senators will be notified when any the State of New York. DANIEL K. INOUYE, additional votes, other than those I President pro tempore. have mentioned, will be brought up. PRAYER Mrs. GILLIBRAND thereupon as- sumed the chair as Acting President f The Chaplain, Dr. Barry C. Black, of- pro tempore. fered the following prayer: MEASURE PLACED ON THE Let us pray. f CALENDAR—S. 3628 Eternal God, whose approval we seek RECOGNITION OF THE MAJORITY Mr. REID. Madam President, S. 3628 above the hollow applause of human- LEADER is at the desk and due for a second ity, may the deliberations of this his- reading. toric Chamber start and end with You. The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- Provide the foundation for the pore. The majority leader is recog- pore. The clerk will read the title of thoughts, words, and actions of our nized. the bill for the second time. Senators, as they remember that You f The assistant legislative clerk read are the author and finisher of their SCHEDULE as follows: faith. Make our lawmakers conscious A bill (S. 3628) to amend the Federal Elec- of the great tradition on which they Mr. REID. Madam President, fol- tion Campaign Act of 1971 to prohibit foreign stand, as You fill them with the spirit lowing leader remarks, if any, the Sen- influence in Federal elections, to prohibit of wisdom, understanding, knowledge, ate will proceed to S. Res. 591, which is government contractors from making ex- and reverence. May the tyranny of par- a resolution recognizing and honoring penditures with respect to such elections, and to establish additional disclosure re- tisanship and expediency never bend the 20th anniversary of the enactment of the Americans with Disabilities Act. quirements with respect to spending in such their consciences to low aims which be- elections, and for other purposes. tray high principles. There will be 2 hours for debate. It will Mr. REID. Madam President, I object We pray in Your great Name. Amen. be divided equally between Senators HARKIN and ENZI or their designees. to any further proceeding with respect f Upon the use or yielding back of that to this bill. PLEDGE OF ALLEGIANCE time, the Senate will proceed to the The ACTING PRESIDENT pro tem- consideration of H.J. Res. 83, which is a pore. Objection having been heard, the The Honorable KIRSTEN E. joint resolution approving the renewal bill will be placed on the calendar. GILLIBRAND led the Pledge of Alle- of import restrictions contained in the Mr. REID. Madam President, will the giance, as follows: Burmese Freedom and Democracy Act. Chair now announce the business for I pledge allegiance to the Flag of the There will then be up to 20 minutes for the day. United States of America, and to the Repub- lic for which it stands, one nation under God, debate equally divided between Sen- f indivisible, with liberty and justice for all. ators BAUCUS and MCCONNELL or their designees. RESERVATION OF LEADER TIME f Upon the use or yielding back of that The ACTING PRESIDENT pro tem- APPOINTMENT OF ACTING time, the Senate will proceed to vote pore. Under the previous order, the PRESIDENT PRO TEMPORE on the resolutions. The first vote will leadership time is reserved. The PRESIDING OFFICER. The be on the Burma joint resolution, and f the next vote will be on the Americans clerk will please read a communication 20TH ANNIVERSARY OF ENACT- to the Senate from the President pro with disabilities resolution. We hope these votes will begin at around 12 MENT OF THE AMERICANS WITH tempore (Mr. INOUYE). DISABILITIES ACT OF 1990 The assistant legislative clerk read o’clock today, maybe a little sooner. the following letter: Following the votes, the Senate will The ACTING PRESIDENT pro tem- resume consideration of the small busi- pore. Under the previous order, the U.S. SENATE, ness jobs bill. As a reminder, last night Senate will now proceed to the consid- PRESIDENT PRO TEMPORE, Washington, DC, July 22, 2010. I filed three cloture motions relative to eration of S. Res. 591, which the clerk To the Senate: the small business jobs bill. I hope we will report. Under the provisions of rule I, paragraph 3, can reach an agreement to have these The assistant legislative clerk read of the Standing Rules of the Senate, I hereby votes today. If no agreement is as follows:

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

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VerDate Mar 15 2010 02:23 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.000 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6132 CONGRESSIONAL RECORD — SENATE July 22, 2010 A resolution (S. Res. 591) recognizing and sional Oversight Panel has expressed tunity, full participation, independent honoring the 20th anniversary of the enact- skepticism it will even be effective in living, and economic self-sufficiency. ment of the Americans with Disabilities Act increasing small business lending. The But as the chief Senate sponsor of the of 1990. panel’s report is skeptical it will im- ADA, I can tell my colleagues that at The ACTING PRESIDENT pro tem- prove access to credit. Moreover, the its heart, the ADA is very simple. In pore. Under the previous order, there panel says this provision looks uncom- the words of one disability rights advo- will be 2 hours of debate, with the time fortably similar to the TARP bailout. cate, this landmark law is about secur- equally divided and controlled between The problem banks and small busi- ing for people with disabilities the the Senator from Iowa, Mr. HARKIN, nesses are facing is not that they don’t most fundamental of rights: ‘‘The right and the Senator from Wyoming, Mr. have incentive to lend; it is that the to live in the world.’’ It is about ensur- ENZI, or their designees. government is threatening them with a ing that people with disabilities can go Mr. REID. Madam President, I sug- 2,300-page bill full of new rules and reg- places and do things that other Ameri- gest the absence of a quorum and ask ulations while their customers—small cans take for granted. unanimous consent that the time be businesses—are threatened by pending I will always remember a young equally charged against both sides. tax hikes and more government intru- woman by the name of Danette The ACTING PRESIDENT pro tem- sion. Crawford from Des Moines, IA. In 1990, pore. Without objection, it is so or- For more than a year and a half, the she was just 14 years old. She used a dered. President and his Democratic allies on wheelchair. She lived with constant The clerk will call the roll. Capitol Hill have pushed an great pain, but she worked and cam- The assistant legislative clerk pro- antibusiness, antijobs agenda on the paigned hard for passage of the Ameri- ceeded to call the roll. American people in the form of one cans With Disabilities Act. When I told Mr. MCCONNELL. Madam President, massive government intrusion after an- her the ADA would mean better edu- I ask unanimous consent that the order other. Then there is a celebration. Here cational opportunities, prevent dis- for the quorum call be rescinded. is an opportunity to have a real debate crimination in the workplace, better The ACTING PRESIDENT pro tem- about job creation. Here is an oppor- mobility—I was going through all these pore. Without objection, it is so or- tunity to do something that might ac- things the ADA would do—Danette said dered. tually make a positive difference. to me: RECOGNITION OF THE MINORITY LEADER Small business owners are already Those things are very important. But, you The ACTING PRESIDENT pro tem- being hammered by the health care know, what I really want to do is just be able pore. The Republican leader is recog- bill. They are about to get hammered to go out and buy a pair of shoes like any- nized. by the financial regulatory bill. It is body else. SMALL BUSINESS LENDING FUND ACT time to do something they actually Well, two decades later, people with Mr. MCCONNELL. Madam President, want for a change. disabilities can do that and so much Republicans today will continue to The American people are connecting more. look for a way forward on the small the dots. They don’t think the finan- Our society is so dynamic and business bill. This is an opportunity to cial regulatory bill will solve the prob- changes so rapidly that we are often deliver some real relief to small busi- lems in the financial sector any more oblivious to quiet revolutions taking nesses struggling to dig themselves out than they think the health care bill place in our midst. One such revolution of the recession. will be able to lower costs or lead to has been unfolding for the last 20 years Ultimately, Democrats seem to have better care; any more than the stim- since the signing of the Americans other priorities. In the middle of a debt ulus lowered unemployment. With Disabilities Act. How soon we for- crisis, Democrats cannot seem to pass Republicans had offered amendments get that, prior to ADA, Americans with trillion-dollar spending bills fast that would create the conditions for disabilities routinely faced prejudice, enough. In the middle of a jobs crisis, real private sector job growth. If discrimination, and exclusion, not to they continue to push one bill after an- Democrats shared this priority, this mention the physical barriers to move- other containing job-stifling taxes, new bill would have been law by now. In- ment and access in their everyday rules and regulations, and government stead, they seem committed to the lives. In hearings prior to passing the intrusion into business. same approach that has led to 3 million law in 1990, we heard heartbreaking Their signature piece of jobs legisla- lost jobs in the past year and a half. testimony about the obstacles and the tion appears to be a bill that borrows I yield the floor. discrimination that people with dis- $34 billion from our grandchildren to The ACTING PRESIDENT pro tem- abilities encountered every day of their help folks who cannot find a job in the pore. The Senator from Iowa. lives. We heard stories of Americans environment Democrats have created Mr. HARKIN. Madam President, I who had to crawl on their hands and over the last year and a half. have come to the floor today—and we knees to go up a flight of stairs or to This small business bill gives us an have a couple hours now—to introduce gain access to their local swimming opportunity to have a real jobs debate. a Senate resolution which is now at the pool, who couldn’t ride on a bus be- But Democrats clearly do not want to desk recognizing and celebrating the cause there was no lift, who couldn’t go have that debate. That is why they 20th anniversary of the Americans to a concert or a ball game with their have repeatedly pulled this bill from With Disabilities Act. Twenty years families because there was no acces- the floor to move on to what they con- ago, the ADA was a great bipartisan sible seating, who couldn’t even cross sider more important things or to get legislative initiative. I am pleased this the street in a wheelchair because together downtown to pat themselves resolution also enjoys broad bipartisan there were no curb cuts. In short, we on the back after signing another job- support. I am grateful to all those who heard thousands of stories about people killing bill. have cosponsored this resolution, in- who were denied ‘‘the right to live in Let’s have a real debate about jobs. cluding my chief cosponsor, Senator the world.’’ Let’s consider amendments that would HATCH, and 31 other Senators. The reach and the triumph of the help small businesses—amendments Other Senators who are watching and ADA revolution is all around us. It has like the one Senator JOHANNS wants to would like to be added as cosponsors, I become a part of America. Today, offer to eliminate a burdensome paper- ask them to please call their respective streets, buildings—think about this— work mandate and that small busi- cloakrooms and we will add their every building designed and built in nesses are pleading with us to approve. names to the list. Right now, I think America since the passage of the ADA Our leader on the Small Business we are at 22 or 23. is fully accessible—every building. Committee, Senator SNOWE, is fighting The Americans With Disabilities Sports arenas. I just went to a sports to keep a provision out of this bill that Act—signed into law on January 26, arena the other day for a ball game and amounts to another bailout. Members 1990—has been described as the Eman- everything is accessible. There is seat- of both sides oppose it. cipation Proclamation for people with ing for people, where they can sit with There is no evidence this new lending disabilities. The ADA set four goals for their families—not segregated out program will work. Even the Congres- people with disabilities: Equal oppor- someplace, but they can sit with their

VerDate Mar 15 2010 02:23 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.004 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6133 families. The same is true in movie mention the other Senators currently wrongs occur. But more important, on theaters. Transportation systems: serving who voted for the ADA con- the positive side, the ADA requires rea- Every bus delivered in America today ference report on July 13 of 1990. They sonable accommodation for individuals is fully accessible. It has a lift—every are Senators AKAKA, BAUCUS, BINGA- with disabilities in the areas covered single bus. All our Metro systems MAN, COCHRAN, CONRAD, DODD, GRASS- by the statute, such as employment. today are fully accessible. But that is LEY, INOUYE, KERRY, KOHL, LAUTEN- This accommodation obligation is what not all. Information is offered in alter- BERG, LEAHY, LEVIN, LIEBERMAN, quite literally opens doors and keeps native formats so it is usable by indi- LUGAR, MCCONNELL, MIKULSKI, SPEC- them open, improving lives in innu- viduals with visual or hearing impair- TER, and REID. That is truly, I believe, merable practical ways on a daily ments. New communications and infor- a roll of honor. basis. mation technologies that are acces- As I said, one of those who helped The original ADA in 1990 and the re- sible to people with disabilities con- manage the bill when we put it through vision enacted 2 years ago are examples tinue to be developed. It is hard to back in 1990 and who has always been of both how hard legislating can be and imagine we lived in a time without there helping to make sure we did this the results sticking with it can closed captioning on television. Think in a bipartisan fashion, get the bill produce. I know of few policy areas in about it. I will talk more about my through, and get it signed is Senator which—on the surface, at least—polit- brother Frank, who is deaf and who ORRIN HATCH. Later, we worked to- ical or ideological interests appear to never could understand what was on gether on the ADA Act amendments be more at odds. I also know of few pol- TV until we got closed captioning. that we just passed 3 years ago and icy areas in which the objectives are That is what I mean. New technologies, that President Bush signed just 3 years more important and for which a deep new ways of doing things are now mak- ago. I couldn’t ask for a better friend and broad consensus is more crucial to ing life so much better. Thanks to the personally, but people with disabilities achieve those objectives. Keeping our employment provisions in the ADA, couldn’t ask for a better friend either eyes on the goal helped keep everybody many individuals with disabilities can than the distinguished Senator from willing to listen, to compromise, and to get reasonable accommodations so Utah, Mr. ORRIN HATCH. do what had never been done before. they can do a job, they can get assist- I yield the floor at this time to Sen- The result has been a transformation ive technology, accessible work envi- ator HATCH. in attitudes, perceptions, and actions ronments or more flexible work sched- The ACTING PRESIDENT pro tem- throughout our society that have ules. pore. The Senator from Utah. helped make countless lives better. But the ADA is more than accessible Mr. HATCH. Madam President, I These two statutes, ADA and the buildings and books that speak and thank my dear colleague for his kind ADA Amendments Act, also dem- traffic lights that talk to you. It is also remarks. I remember those days we onstrate that it is Congress that is re- hundreds of stories of opportunities spent on this floor, and the days before sponsible for national disability policy. and hope. Lawsuits, of course, bring the courts These changes are all around us. that, when we had to convince people into the picture, and the Supreme They are so integrated into our daily throughout the Congress that this was lives that sometimes it is hard to re- the right thing to do; that civil rights Court was called upon to construe and member how the world was before. for persons with disabilities were abso- apply the ADA on some questions the Just as important, we have seen a big lutely necessary if we were going to be ADA itself did not clearly or directly change in attitudes—attitudes—toward a gracious and understanding country, address. I, for one, believe the courts people with disabilities. Our expecta- setting an example for all the rest of must take statutes as they are and tion is we will do what it takes to give the world. may not make or change them in order individuals with disabilities not just I remember when Senator HARKIN to achieve certain results. But whether physical access but equal opportunity and I, after the vote, walked out into or not the Court did its part properly, in our schools, in our workplaces, and the anteroom out there, and there were the Constitution gives the power to in all areas of our economy and our so- hundreds of persons with disabilities in legislate to Congress. That is why, ciety. The attitudes are so different their wheelchairs and crutches, with even if the Court had not had any such today. A lot of it has to do also with various forms of disability, and both of cases at all, we have the authority and the Individuals With Disabilities Edu- us stood there and broke down and the ongoing responsibility to establish, cation Act which preceded the ADA be- cried—two tough guys. You know that revise, and refine laws that help Ameri- cause now kids go to school with kids Senator HARKIN was a pilot and went cans with disabilities. That responsi- with disabilities. Kids grow up with through the war and has a tremendous bility will never end. kids with disabilities, so it is no big reputation. I have been tough—too I am pleased with my role in devel- deal if they work alongside them later tough for some people around here— oping and passing both the ADA and on. So the whole attitude has changed from time to time. But we both broke the ADA Amendments Act. I am on how we deal in our society with peo- down and cried. And they cried. It was pleased to have been able to partner ple with disabilities. Perhaps that may such a wonderful day, as far as I am with my friend Senator HARKIN from be one of the biggest changes of all. concerned. Iowa. I am proud to stand here today It is important for us to remember I thank my dear colleague from Iowa with that friend, Senator HARKIN, with- also—with all the political firefights for his leadership in this matter. He out whom these statutes would not that go on around here and the par- mentioned all of the others we both have been possible. I know these are tisan bickering that goes on around want to recognize today. I will not re- more than simply statutes, more than here all the time that we bemoan—it is peat those. I will incorporate that in pieces of legislation; it is what they important to remember the passage of my remarks today. represent—our ongoing commitment to the ADA was a bipartisan effort and a This is a very special anniversary. making sure individuals with disabil- bipartisan victory. Here in the Senate, Twenty years ago last week, we stood ities can participate in the American I worked shoulder to shoulder with on the floor of the Senate and voted 91 dream—that makes these statutes so Senator Bob Dole and others from both to 6 to pass the Americans with Dis- important and this anniversary so very sides of the aisle. We had invaluable as- abilities Act. Twenty years ago next special. sistance from Senator Kennedy, Sen- Monday, President George H.W. Bush I have seen those who are blind now ator HATCH, who will be speaking signed it into law. taken care of, in many cases. I have shortly, Senator MCCAIN, and others, The ADA is landmark civil rights seen those with various disabilities including leaders who are no longer in legislation that represents our ongoing who are able to get jobs and show they this body, people such as Dave Duren- commitment to equality and oppor- are capable—not only capable but bet- berger and Lowell Weicker. The final tunity for our fellow citizens who suf- ter than capable—of doing some things Senate vote on the ADA conference re- fer with disabilities. The ADA is a spe- people never thought they could do. I port was 91 yeas and only 6 nays. cial type of civil rights statute. On the have seen persons with serious disabil- I just mentioned Senators HATCH and negative side, it prohibits discrimina- ities who have become productive MCCAIN. I also wish, at this point, to tion and provides for remedies when members of our society because they

VerDate Mar 15 2010 02:23 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.006 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6134 CONGRESSIONAL RECORD — SENATE July 22, 2010 have been given a chance. I have seen The ACTING PRESIDENT pro tem- Utah played a gigantic role in making persons of courage in this area that I pore. The Senator from Iowa is recog- sure we got this done. Working to get have never seen before, who literally nized. the ADA Amendments Act passed 3 live with their disabilities every day Mr. HARKIN. Madam President, let years ago—we worked on that for with smiles on their face, with an abil- me say to my friend, I was proud to something like 4 years to get it done. ity to be able to encourage others, and stand with the Senator from Utah 20 We were down at the White House, and with an exemplary approach to life years ago. We stood here together. We it is interesting that the first Presi- that makes all of us better people. I got the bill through. I remember so dent Bush signed the first ADA into think these things have been magnified vividly, in my mind’s eye, when we law and the second President Bush and blessed by these two acts that my walked out to that anteroom. I mean, signed the ADA Amendments Act into colleague and I and others have been few people are blessed in their lifetimes law. That is an interesting juxtaposi- able to put through. I am proud of what to have that kind of a moment where tion—father and son. we have done. I believe millions of peo- something so meaningful was done and I thank the Senator. ple are better off because of what we to see so many people whose lives be- Mr. HATCH. I thank the Senator. have done. fore that were stunted because they Mr. HARKIN. Madam President, I didn’t have the accessibility. Now to mentioned earlier all of the Members This is a very appropriate thing to see this sort of wall come tumbling of the Senate who have been so helpful. do—to recognize the Americans with down—I remember our association so On the House side, we prevailed be- Disabilities Act, and the other statute well. cause of outstanding leadership of peo- as well, so that everybody in this coun- I know my friend would agree this ple such as Congressmen STENY HOYER, try realizes they are part of making was not a slam dunk; it was not a very Tony Coelho, and Steve Bartlett, a Re- these statutes work. I am so pleased easy thing that we brought out on one publican leader in the House at that with all of our American citizens who day and it just happened. Senator time. The final vote was 377 to 27 in the have pitched in and done what they HATCH and I worked on this for years. House. could, from architects, to engineers, to It took a long time to work out. But At the White House, Boyden Grey, skilled tradesmen, as I used to be, who through the good faith of people on all counsel to President George H.W. Bush, have really made it possible for people sides with whom we worked—the dis- worked with us every step of the way. to not only embrace life but to be a ability rights community, all the dif- As I have said so many times, without part of life and to be able to have the ferent disability groups, and the cham- Boyden Grey being there, we could not accessibility they never had before, and ber of commerce supported the bill—in have gotten this done. I am always we are a better nation for it. Our peo- the end, we worked together to bring grateful to him for his leadership, ple are better for it. Above all, these everybody together. But it was a long working from the White House with us. folks who have suffered with disabil- process, as the Senator remembers. One other person who was with us ities, who are so courageous, are better Mr. HATCH. It was. every step of the way and continues to for it. Mr. HARKIN. I say to my friend from provide so much leadership in the area I will never forget, I mentioned when Utah, I cherish those memories. I was of disability rights is then-Attorney we passed the original ADA that I car- honored to stand with him 20 years General Dick Thornburgh. ried my brother-in-law, who was af- ago. I am honored to stand with him What a champion he was and is. I flicted with both types of polio and, of again today. I cherish the friendship we should not put it in the past tense. course, lived in an iron lung but went have developed over all those years. Dick Thornburgh remains today one of on to get his college degree in engi- The Senator from Utah is a true friend, the preeminent people in America who neering and a master’s degree in elec- not only personally but also profes- keeps focus on what we are doing in so- trical engineering—he worked for sionally, and he has always lent his ciety to make sure that people with Edgerton, Germeshausen, and Grier in weight and his seniority and his exper- disabilities have full access and oppor- Las Vegas, went to work every day and tise in the Senate to making sure peo- tunity. at night got into an iron lung at home. ple with disabilities have that same Then there is the disability rights He was a member of my Mormon faith, equal opportunity and equal access. I community. This would not have hap- the Church of Jesus Christ of Latter- think maybe both of us, because of our pened without the tireless, courageous, Day Saints, and I can remember car- brothers who were disabled, were af- and unstoppable work of so many ac- rying him, with his very light weight, fected greatly. I think it imbued us tivists in the disability community. I through the Los Angeles Temple for both with a spirit of working hard to think of people such as Ed Roberts, church. It was meaningful to both him make sure people with disabilities had now passed on, Bob Williams, Pat and me. I carried him in my arms all all the access and all the opportunities Wright, Wade Blank—so many others. the way through that temple. It was a everybody else enjoyed. I thank my Of course, everyone recognizes the in- dispensable leadership of the late Jus- spiritual experience for both of us. friend for his statement, and, more tin Dart who was the chairperson of I have seen so many others who have than that, I thank him for his great support of people with disabilities the President’s Committee on Employ- suffered from disabilities whose lives ment of People with Disabilities. Only have been improved and are better be- through all of his lifetime. Mr. HATCH. Madam President, I one person’s name is specifically men- cause of what has been done in the thank the Senator for his kind re- tioned in the resolution on which we Congress of the United States. Again, I marks, but I also recognize his great will be voting this morning, and that pay tribute to my friend Senator HAR- leadership. This is a complex set of name is Justin Dart. KIN. He understands this as well as any- issues. We had complexities among the As I have said many times, I may body and has played a significant and groups. We had to bring them all to- have been the principal author of the perfect role in helping to bring these gether and work with them. We had to ADA, but Justin Dart was the father of things to pass. I have nothing but re- try to resolve conflicts between lib- the ADA and history will recognize and spect and great love for my colleague erals and conservatives, as usual. We honor his great contribution. and for the others who voted for this also had to work very carefully with Here was an individual who used a particular bill. I am glad to be able to various personalities. But we were able wheelchair most of his life, who was support this resolution, to cosponsor to get it done. In large measure, it was unstoppable. Justin Dart traveled to it, and I hope and pray that all of us due to the work of my friend from every single State in this Nation more will continue to help those who may Iowa. I think people in the disability than once, well over 100 different cities not be as fortunate as are we, who suf- community and really throughout the and communities, to promote the fer from disabilities, and realize that country ought to be very grateful for Americans with Disabilities Act for they are just as productive in our soci- what he has done. I am grateful to have about 2 or 3 years prior to us bringing ety, in most ways, as we are. been able to have played a small role in it up, to get that kind of national sup- I am grateful to be able to stand here helping him to do it. port for it. He was everywhere, and he today and make these comments. Mr. HARKIN. Madam President, it would never give up. We remember Jus- I yield the floor. was not a small role; the Senator from tin Dart as the father of the ADA.

VerDate Mar 15 2010 02:23 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.008 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6135 No listing of those who made the My brother would say: I may be deaf I have one more story about my ADA possible would be complete with- but I am not dumb. He refused, he stub- brother I have to relate, since I have out also talking about my disability bornly refused—he was kind of a stub- the floor, and he was such an inspira- counsel at the time, Bobby Silverstein. born guy, my brother was—he stub- tion to me. Again, he was tireless in his work in bornly refused to accept the cloak that I was elected to the Senate in 1984. I both the drafting and the revising. As society put on him. was sworn in January 1985. No one in Senator HATCH and I were reminiscing, In school, he was told he could be one my family had ever been in politics. there was not even agreement among of three things. He could be a baker, a First of all, to be a Congressman is one disability groups on how to do this. We printer’s assistant, or a shoe cobbler. thing, but to be a Senator—wow. My would come up with a draft. We would He said he did not want to be any of whole family came for the swearing in, meet with disability groups. We would those things. They said: OK, you are and my brother Frank. I remember I have to revise it. We would meet with going to be a baker then. So they made put him in this gallery right behind other disability groups. We would have him into a baker. That is not what he me. This was January 1985. I put him to revise it. We would meet with busi- wanted to do, but that is what they up there, and I had gotten an inter- ness groups. We would have to revise said. preter, a sign language interpreter. I it, and on and on. He kept fighting. He kept fighting had gotten an interpreter for my broth- Slowly, methodically, tirelessly, we against it. I remember once when I was er for this gallery right back here. I got it done, and Bobby Silverstein was younger—he was now out of school—he got him seated up there, and I came there every step of the way, as I said, went to a store. I will never forget this. back down on the floor. I looked up and drafting, revising, making sure we did When the sales person found out he was I saw one of my other brothers—one of not lose sight of the goals, making sure deaf and could not hear, she looked my hearing brothers—motioning to me. we had a bill that could muster bipar- right through him at me and asked me So I went back up there. tisan support. No words of mine can ex- what he wanted. How do I know what My brother John said the guard press the deep gratitude I have to he wants? Ask him. That is the way would not let the interpreter stand up Bobby Silverstein for all he did to people were treated. there. I went out to see the guard, the make this possible. He went to get a driver’s license. He doorkeeper. I said: My brother needs an I will never forget the pre-ADA was told deaf people do not drive. He interpreter. No, we cannot allow people America. I remember how it used to be broke that barrier down, too. He got a to stand in the gallery and interpret. perfectly acceptable to treat people driver’s license and bought a car. I said: It can’t be so. with disabilities as second-class citi- I remember when my brother finally Rules are rules. zens, exclude them and marginalize found employment at a plant called I came down to the floor. At that them. Delavan Corporation. I got to know Mr. time, Senator Bob Dole was the major- I will digress a bit and talk about my Delavan later on when I was in high ity leader of the Senate. Senator Dole brother Frank, who was the inspiration school and later on when I was in col- had a disability himself because of his for all of my work on disabilities both lege. He went out of his way to hire war wounds and his maiden speech on in the House before I came to the Sen- people who were disabled. It was a the Senate floor when he was first ate and in the Senate. manufacturing facility with a lot of elected was about disability rights. I go My brother Frank passed away 10 noise. So he hired a lot of deaf people. to the majority leader, the Republican years ago, a month before the 10th an- They did not care if it was noisy. leader. I did not know him that well. I niversary of the ADA. He always said My brother got a good job running a said: Mr. Leader, here is the situation. he was sorry the ADA was not there for very delicate machine that drilled tiny My brother is up there. I am being him, but he was glad it is here now for little holes in engines for jet engine sworn in. He needs an interpreter and the younger generation, for those who nozzles. It had to be finely made. Later they will not let the interpreter in. are now coming so they would have a on, when I was a Navy pilot, I found Senator Dole said: I will take care of better future. out the planes I was flying at the time it. He did, and we got the interpreter. My brother lost his hearing at a very were using the very nozzles made by Now we have places for people with early age. Actually, he was about 6 my brother. disabilities to come and sit with their years old. At that time, there were no I came home one time for Christ- families. We have interpreters. We mainstream schools, so he was taken mas—my brother never got married. I have closed captioning. No longer do from his family. We lived in a small was not married at the time—I came we discriminate against people who are town. He was taken from the family home for Christmas. Delavan always deaf or disabled and want to come into and shipped halfway across the State had a big Christmas dinner for all of the Capitol. to the Iowa School for the Deaf. the workers. I went with my brother to So many changes have been made to Think about how traumatic this the Christmas dinner. Lo and behold, the Capitol. We have a full office in the would be. First of all, you lose your unbeknownst to either one of us, they Capitol now just for people with dis- hearing. You cannot hear anything be- honored him that night because he had abilities to take tours of the Capitol. cause of spinal meningitis. Then all of worked there 10 years and in 10 years, We have interpreters for people who a sudden he is picked up, taken away he had not missed one day of work or are blind. We have bas relief models of from home, and sent to a school over late one day. They gave him a nice gold all the floors so as they go through the by Omaha. Think how traumatic that watch. It was very nice. In the 23 years main Rotunda, the Old Senate Cham- is for a little kid. my brother worked there, he missed 3 ber, the House Chamber, the old Su- In school—and I remember people al- days of work because of a blizzard. He preme Court, they can feel with their ways spoke about my brother being at could not make it. hands what it looks like. It is all acces- the school for the deaf and dumb. I tell that story for a couple of rea- sible now. Young people do not realize this, but it sons. One, because I am very proud of I talk about the things that happened used to be very permissible, when I was my brother, but also because so many to my brother. It sounds like some- the age of the pages, for people to people I have talked with—employers thing out of the medieval past. We are speak about people who were deaf as who have employed people with disabil- hopefully overcoming—I do not say we deaf and dumb. Schools for the deaf ities—will tell you that the hardest are complete—we are overcoming this were referred to as schools for the deaf workers, the most loyal workers, the false dichotomy between disabled and and dumb. most productive workers they have are able. We recognize that people with dis- I will never forget my brother com- many times people with disabilities. abilities, like everyone, have unique ing home from school once—it was But they have to get over the hurdle of aptitudes, unique abilities, talents. later on when he was in high school— hiring them in the first place. With a And we know America is a better and a and people were referring to that. They little bit of support, some accessibility fairer and richer nation when we make would actually ask him: How are issues, maybe modifying the workplace full use of the gifts people have. things going at the school for the deaf a little bit, we can get a lot done and One of the things that ADA has done and dumb? they can be the best workers. is it has infused in so many people the

VerDate Mar 15 2010 02:23 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.009 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6136 CONGRESSIONAL RECORD — SENATE July 22, 2010 idea that we should look at people not Olmstead case, a case out of Georgia. people with disabilities. It is personal for their disabilities but what are they Listen to this. The Supreme Court held for him, but Senator HARKIN has taken able to do, what are their abilities. Do that people with disabilities have the up what was a personal issue for him not tell me what your disabilities are. right to live in the least restrictive en- growing up, about his brother and now What are your abilities? That is a vironment and to make their own about his nephew, and the impact it major step forward. choice to receive their care in the com- has had on him and the impact it has The day the ADA passed I can hon- munity rather than in an institutional had on America is terrific and is un- estly say was the proudest day of my setting. In Olmstead, the Court held matched. legislative career. I also say to the oc- that the unnecessary institutionaliza- I know Senator Kennedy, about cupant of the Chair, I stood at this po- tion of individuals with disability con- whom we still think so often, was a dium at that time and gave my entire stitutes discrimination under the ADA. major driver of this and other civil speech in sign language. Senator Bob Listen to what the Court said. The rights issues. But I would say Senator Kerrey, a Senator from Nebraska, was Supreme Court said: HARKIN has been second to none, advo- the occupant of the chair at the time. Recognizing that unjustified institutional cating for his brother, for his nephew, He has never forgotten that. I guess isolation of persons with disabilities is a but for Iowans and Ohioans and Cali- maybe I haven’t either. It was the first form of discrimination reflects two evident fornians and North Dakotans—all over time anyone ever gave a long-winded judgments. First, institutional placement of this country, New Yorkers—everyone, speech on the Senate floor and no one persons who can handle and benefit from those Americans with disabilities who ever heard him. Perhaps a lot of people community settings perpetuates unwar- typically make less money or are less ranted assumptions that persons so isolated wish we would do that more often. are incapable or unworthy of participating in likely to be employed because of dis- It was a great day. I think every Sen- community life; secondly, confinement in an crimination and because of biases that ator who was there who voted yes can institution severely diminishes the everyday we all probably too often too much look back 20 years with enormous pride life activities of individuals, including fam- hold. in this achievement. We were present ily relations, social contacts, work options, Senator HARKIN has always risen at the creation, but it had a robust life economic independence, educational ad- above that and challenged people to do of its own. It has been integrated into vancement and cultural enrichment. the right thing on this civil rights the very fabric of American life. It has Ten years ago the Supreme Court issue and on so many other civil rights changed lives and changed our Nation. said that. I am obliged to stand here issues. For that I am grateful, as a pro- It has made the American dream pos- and say, 10 years later, we have not tege, to Tom Harkin, as a mentor and sible for tens of millions of people who gotten there. Ten years ago the Su- well beyond that. used to be trapped—trapped—in a preme Court said that putting people We know this coming month marks nightmare of prejudice and exclusion. in institutions against their will when the 20th anniversary of the passage of I am reluctant in many ways to de- they want to live in the community is one of our Nation’s most important tract from the joy that we all feel discrimination. Yet it is still going on. civil rights laws. It is always impor- about what has happened over the last Under current law, Medicaid is re- tant to reiterate this is a civil rights 20 years and how far we have come in quired—required—to pay for nursing issue. It does not always get as much our country. But I am obliged to point home care for a person with a dis- attention as a civil rights issue, but it out, because of my close association ability who is financially eligible. But absolutely is a civil rights issue that with so many people in the disability there is no similar obligation to pay affects the human right and civil right community and so many different for the same person to receive their of all Americans, especially those peo- parts of the disability community, that care at home. This makes the promise ple with disability. For the last 20 the promise of the Americans with Dis- of the Olmstead decision hollow for years the Americans With Disabilities abilities Act is not quite complete. many residents of many States. Act has helped educate a child with When we passed the ADA we had four I will have more to say about this cerebral palsy or multiple sclerosis. It goals: equal opportunity, independent later but I see another champion who, has broken down employment barriers living, full participation, economic during his career in the House and even for all kinds of people with disabil- self-sufficiency. There is more work to before that in his own State of Ohio, ities—those who are blind, those who be done to fulfill those goals. For ex- but for all of his life and his career, has are deaf—so many Americans. Places of ample, every person with a disability been one of our stalwarts in fighting work and recreation, from a court- deserves the right to live where he or for the rights of people with disabil- house to a ball park, because of this she wants to live. You might say every- ities. Senator BROWN could not be Americans With Disabilities Act, are body has a right to live where they harder working and more devoted to more accessible to the wheelchair want to in America. But think about making sure that the ADA actually bound. So, too, are public accommoda- what I said earlier, people in the dis- works and is not put on the shelf some- tions and public transportation. ability community want the right to place. Those in this body who are as old or live in the world. I thank the Senator from Ohio for all older than I can remember how dif- Here is what I am referring to. For of his support over all the years, for ferent the world looked in terms of years a person with a disability who support of the ADA, the ADA Act curbs, in terms of stairs, in terms of qualifies for care in a nursing home, Amendments which he was here for and access, just physical access to all kinds can get that care in a nursing home helped us get through, and for all the of public facilities, let alone private fa- fully refunded, fully paid for by the things we do to try to make life better, cilities; how different things were be- Government. If you have a disability more fair, and more just for people fore 1990 when the Americans With Dis- and you qualify for that level of care with disabilities. abilities Act was signed into law by the and you go to a nursing home, Med- I yield the floor to the Senator from first President Bush. icaid picks that up. But let’s say you Ohio. Modern conveniences from the tele- don’t want to go to a nursing home. The ACTING PRESIDENT pro tem- phone to the Internet are not techno- Let’s say you are disabled and you pore. The Senator from Ohio. logical barriers but means, now, of so- want to live in a community. You want Mr. BROWN of Ohio. Mr. President, I cial inclusiveness and economic oppor- to live near your family and your thank Senator HARKIN. tunity. The ADA has increased gradua- friends and you choose to do so. Med- Before I was in the Senate, for sev- tion rates for Americans with disabil- icaid doesn’t pick up that bill. If you eral years in the House I watched from ities, and it has increased public safety live in a nursing home, they will, but afar the work Senator HARKIN did. No on our streets and in our hospitals. not if you live independently, on your one, and I mean no one—we hear a lot Simply put, since the ADA passed 20 own. This is something we have been of accolades here; not always as gen- years ago, more than 50 million—1 out trying to overcome for a long time. uine, perhaps, as they should be, but of 6 of our 300 million citizens in this Finally, 10 years ago, there was a Su- this one absolutely is—no one has country—more than 50 million Ameri- preme Court case. It came to the Su- worked as hard or as effectively as Sen- cans in this country have had a greater preme Court. It was called the ator HARKIN has on issues affecting opportunity to enjoy basic rights and

VerDate Mar 15 2010 02:23 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.010 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6137 privileges afforded to every American. barriers, sometime legal, more often tion to confer collegiate degrees to the That is due in large part to Senator not, but based often on bias and preju- deaf and hard of hearing at a campus HARKIN’s leadership on this bill. dice and stigma and all the mix of here in Washington, DC. To this day, He speaks about the lack of opportu- human emotions that are not always so Gallaudet University is the only liberal nities his deaf brother Frank had in admirable in all of us. Americans with arts university in the world dedicated school and in the workplace. At the disabilities are twice more likely to to the pursuit of access to higher edu- same time he speaks about his nephew, live in poverty than their fellow citi- cation for deaf and hard-of-hearing a quadriplegic veteran, who used the GI zens, with higher rates of unemploy- people. Bill to go to school, used a wheelchair ment and, don’t forget, higher rates of For the past year, I have had the and accessible van to live a self-suffi- underemployment. We know like all honor to serve on the Board of Trustees cient life. That is the difference when progress in our Nation the march for at Gallaudet University. I did so at the government chooses to assert its re- justice and equality for the disabled behest of Senator HARKIN, who has re- sponsibility to extend equal oppor- was not easy. Passage of civil rights, inforced for me the responsibility we tunity to all its citizens. I understand voting rights, labor rights is not ever all have to serving the public good. A Senator HARKIN’s office is currently easy. The fight for women’s rights and visit to Gallaudet University is a visit conducting a tour of 99 counties to col- fair pay was not easy. The passage of to an institution that is a model for lect the stories of Iowans who have Medicare and Medicaid, recent health what we should be doing in this coun- benefited from the ADA. In many ways, insurance reform was not easy. The try in civil rights and rights for Ameri- these stories also honor the activists in fight is always worth it. cans with disabilities. the community, advocates in the I wear in my lapel a pin depicting a Three years before signing Gallau- courtroom, the physicians and nurses’ canary in a birdcage. It was given to det’s charter, President Lincoln cele- aides and physical therapists and occu- me 10 years ago at a workers Memorial brated our Nation’s 85th year of inde- pational therapists in hospitals, who Day rally celebrating those workers pendence, in 1861, by declaring to the who had lost a limb or even their lives pushed for change decades before the Congress: on the job. The canary says to me 100 ADA. The principal aim of the US government The ADA was not the culmination of years ago workers in this country who should be— our work because it continues. But un- went down in our mines had no union These are Lincoln’s words— derstand how many people worked so strong enough or government that The principal aim of the US government cared enough to protect them. They many years, working side by side with should be to elevate the condition of men— were on their own. That is why they to lift artificial weights from all shoulders— the Senator HARKINs of this body and took the canary down in the mine. If to clear the paths of laudable pursuit for others, to bring forward that legisla- the canary died from toxic gas or lack all—and to afford all, an unfettered start and tion 20 years ago. a fair chance in the race of life. In my State, in Ohio, independent of oxygen, the mine worker on his own As we celebrate the 20th anniversary living centers and ability centers had to get out of that mine. We know what has happened in the of the ADA, let’s work so each Amer- across the State have long provided the hundred years since—mine safety laws, ican has that unfettered start and that support services for Ohioans with dis- although obviously not quite good each American has that fair chance, abilities that the law had failed to do. enough and not enforced often enough just a fair chance, not a guaranteed re- Ohio’s school for the deaf was estab- and effectively enough. We know what sult but a fair chance, to achieve the lished in 1829 in a small house across else happened: Medicare/Medicaid, civil American dream, that our Nation be from what is now the Capitol on Broad rights, Social Security, ban on child free of prejudice and bias and, instead, and High Streets in downtown Colum- labor, safe drinking water, clean air, full of opportunity and access. bus. It provided the education the law seatbelts, airbags—all the kinds of I yield the floor and I suggest the ab- did not require, in those days, of all things that have made our lives richer sence of a quorum. education institutions. Through much and better and longer in a way that no The ACTING PRESIDENT pro tem- of the last century, the 20th century, country on Earth before us had ever pore. The clerk will call the roll. friends and families of Americans with achieved. The legislative clerk proceeded to disabilities were forced, day in and day Add the Americans With Disabilities call the roll. out, to overcome daily obstacles be- Act to that long line of success, of a Mr. HARKIN. Madam President, I cause there was no law to help. fight for justice in human rights that ask unanimous consent that the order In the absence of a law remained the was not easy. Every one of those whom for the quorum call be rescinded. incessant bias and the chilling stigma this canary pin represents, every one of The ACTING PRESIDENT pro tem- that held back our Nation’s progress— those pieces of progress, whether it is pore. Without objection, it is so or- as it did with voting, with gender dis- the Food and Drug Administration, dered. crimination, as it did with racial dis- safe food, clean air, safe drinking Mr. HARKIN. First, let me thank the crimination. Passage of the ADA water, Americans With Disabilities Senator from Ohio for his kind words. teaches us that wisdom and goodness Act, civil rights, prohibition on child But more than that, more meaning- persist in each of us, despite efforts to labor—every one of those victories fully, to thank him for all his help and marginalize and discriminate by some came at great cost and with great ef- support on so many broad issues that of us. fort. That is the story of the Ameri- deal with working people in America Across Ohio on Monday—at the cans With Disabilities Act. It is part of and, especially now at this time, people Statehouse in Columbus, independent that lineage of government stepping in with disabilities. living centers in Dayton and Cin- to extend equality and opportunity to I thank him for his service on the cinnati, and at the Great Lakes ADA all Americans, understanding some board for Gallaudet University. It is a Center in Cleveland—Ohioans will cele- number of people in this body and in great institution. I would hope every- brate the importance of the ADA with this country think there is not much of body could pay a visit to Gallaudet. It friends and family. a role of government for a lot of things, is one of the ‘‘crown jewels’’ of our gov- In Toledo, the ability center will cel- but they need to think about that ca- ernment. As Senator BROWN said, it is ebrate its 90th anniversary with an nary in the cage. the only place in the world where a ADA celebration at the Toledo zoo, They need to think that 90 percent of student who is deaf can go and get a bringing together children and families this country thinks there should be liberal arts education. Quite frankly, to celebrate a ‘‘Journey Together—Jus- strong mine safety laws, there should as the Senator knows, we do bring stu- tice, Equality and Community.’’ Such be strong civil rights laws, there dents from other countries over here demonstrations celebrate how far laws should be strong labor laws, there who go to Gallaudet and then go to protecting those with disabilities have should be strong pure food laws and their home countries after graduating. come and how much work we still need safe drinking water and clean air and I thank the Senator for his service on to do. auto safety and all those things we do. the board of Gallaudet University. We know that Americans with dis- On April 4, 1864, President Lincoln Before Senator BROWN spoke, I was abilities continue to face employment signed into Federal law the authoriza- talking a little bit about one of the

VerDate Mar 15 2010 02:23 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.011 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6138 CONGRESSIONAL RECORD — SENATE July 22, 2010 unfulfilled promises of ADA; that is, that is, the money to States to follow rier. So the VA—thank God for the independent living, the idea that peo- the person. Rather than money going VA—the VA paid for this. They paid to ple should not be forced to go into a to a State to go to an institution to have his home modified so he could live nursing home just to get support so pay for a person, why not the money go by himself. Now, for 30 years, the Vet- they can live. to the State to go to the person and let erans’ Administration has paid for I mentioned the Olmstead decision of the person decide where he or she Kelly to have personal attendant serv- 10 years ago by the Supreme Court, wants to live? ices so he can go to work, earn a living, which basically said that mandating So that has been extended to 2016 in pay taxes. that people have to live in a nursing the health care bill. The other part of But what about people who were not home in order to get Medicaid support this, of making sure people can live injured in the military? What about is discrimination under the ADA, but independently and can have economic people who just got injured in an acci- 10 years later it is still going on. Some self-sufficiency, is personal attendant dent or were born with a disability who States have moved ahead in this regard services. Again, right after the passage do not have the Veterans’ Administra- and have provided the wherewithal to of the ADA, I spoke about that. I said: tion to pay for this? Well, they are out help people with disabilities to live You can have all the wonderful acces- of luck. They are just out of luck. independently. sibilities in your job, you can have So they may want to get a job. They The problem is, most States still transit systems and buses that will can be very capable of doing a job. limit, they limit people with disabil- take you to your job and back or sub- They can be well educated, know how ities who can get this kind of assist- ways or whatever, and you can have to run Microsoft and Word and all that ance. They either do it through a waiv- the most enlightened employer that kind of stuff. They may be qualified for er program or other exceptions. They can provide accessible work spaces. a job. But if they do not have some include only certain particular types of But what if you cannot even get out support during the day to get out the disabilities, they have cost caps or the door in the morning? What if you door, how are they going to get down they just simply limit the number of cannot even get from your bed to the to that bus stop to get on that acces- individuals who can be served. So it door to get to work? Herein, again, I sible bus to go to a place of business kind of is almost adding insult to in- speak of my own family. My nephew that is accessible, that has an em- jury. It is sort of the luck of the draw, Kelly was only 19, about 20 years old, ployer that has made the workplace ac- sort of like a lottery. If you fall into a when he was severely injured. He be- cessible so they can have a job? Very certain group, if you happen to have came almost a quadriplegic, severe par- shortsighted. Very shortsighted, to applied before they filled their quota, aplegic. say: No, we will do all those other you can live in the community and get Well, he is a big strapping kid. Kelly, things, but if you cannot get out the support. If you did not, you are out of again, was not going to give up. So he door in the morning, tough luck, or if luck. went back to school, got his education, you need something during the day, So this has built up all kinds of ten- and then he wanted to live by himself. maybe you need someone to come in sions within the disabled community He did. Well, he lived at home for a during the middle of the day to help and among different groups of disabil- while with my sister and her husband, you with something you may need, ities because States sometimes iden- my brother-in-law. But then he wanted whether it is eating or grooming or tify by disability who can get support to strike out on his own. So he got his bathing or toilet activities or whatever in the community and who cannot. own independent place to live. it may be, maybe you need that once or So ever since the passage of ADA, Here is what happened to my nephew twice during the day just so you can and I can remember shortly after the Kelly. Every morning he would have a work, they do not have that. passage of ADA I took to the floor and nurse come in. He lived by himself. A That is our next big challenge. That I said: Now that we have the ADA nurse came into his house, got him out is our next big challenge, to help with passed, the Americans with Disabilities of bed, got him going in the morning, these everyday tasks that most people Act, the next big hurdle is to make took care of certain functions, got him take for granted. It makes the crucial sure two things: People can live inde- ready to go. difference between whether a person pendently in the community, and they Kelly would make his own breakfast, can live an independent inclusive life can get the supportive services they roll his wheelchair out. He had a lift on in the community or they have to be need in order to do that and to get em- his van. Lift it up, put him in the van. sent to a nursing home to live in isola- ployment. Drive to work. He became so inde- tion. So we have been trying to do that pendent he started his own small busi- So when people tell me this costs a now for 16, 17 years. At first, there was ness. lot of money, I say: Wait a second. a bill called MICASSA. Do not ask me Then, at night when he would come Wait a second. Let’s have this again. It what it stands for, I forgot. But it was home, a lot of times he would stop, costs a lot of money? What about all a bill that would provide for people to shop in a grocery store or something these people who are in nursing homes be able to get the same support, wheth- like that, get in his van, come home. now that could be living by them- er they lived in an institution or they Every evening he would have, again, a selves? What about all those people lived on their own in a community. personal attendant who would come who are living by themselves now, out Well, we could never get that bill into his house and do his exercises. He there but are not getting any support, passed. CBO gave it all these horren- was so determined to keep his muscle but they are not working. They want dous costs. It was going to cost so activity alive. So he would have a per- to work. They are capable of working. much money. I always thought that son come in, do all his exercises, put What if they go to work and become was spurious; that the cost estimates him through his routines every day, taxpayers, income earners? were not right. Then we followed up and then get him ready so he could go That is not taken into account, you with a bill called the Community to bed. This happened every day. see. Only the outlay is taken into ac- Choice Act. Well, we did not get that. But it enabled him to get up and get count. That is why I have always said We have not gotten that done either, out the door and go to work, become a the cost that we see of personal attend- but we did get a couple of promises in tax-paying, income-earning citizen. So ant services is skewed because we do money follows the person. In the re- how was he able to afford this? Were not take into account the other side of cently passed health care bill, we saw my sister and her husband wealthy? the ledger. But we know, we know from our opportunity to do something, to Not at all, had no money whatsoever. personal experience, that people with help, to try to fulfill the mandate of So how was Kelly able to afford some- disabilities, as I have said, can be the the Supreme Court, a constitutional one to come in every day and take care most productive, hardest workers in mandate that people should be able to of him like that and give him these our society, if they are just given a live where they want to live. personal attendant services? chance. So what we have now in the health He was able to afford it because he Again, these services, these supports, care bill is we have expanded the was injured in the military. He was in- allow them to fulfill the promise of the Money Follows the Person Program; jured while serving on an aircraft car- ADA, to have jobs, participate in the

VerDate Mar 15 2010 02:23 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.014 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6139 community, to make their own unemployment. This is shameful, this person with a disability. A lot of people choices, not having the State or the many years after the ADA was passed, think people with disabilities have to government or someone else tell them 10 years after the Olmstead decision. work on disability issues. That is not it how they have to live. There are a variety of reasons. Again, at all. Let people make their own choices. one of the biggest is lack of support I always talk about my brother Let them govern their own lives. That services. Some employers don’t provide Frank. He didn’t do a job that had any- is why the Community First Choice op- enough reasonable accommodations. thing to do with being disabled. But he tion that is in the health care bill is so Some people are just reluctant to hire had a talent, and he could do some- important. So we are starting to move people with disabilities. That kind of thing else. It is time to quit looking at in that direction. We should have done subtle discrimination still goes on. people and focusing on the disability. it a long time ago, but we could not, In the bill, we said employers must Look at people and focus on their abili- but we got it in the health care bill. So provide reasonable accommodations. I ties, what they are capable of doing, beginning in October of next year, 2011, remember so many stories in the un- what their talents are, what they can in the health care reform bill we folding after we passed ADA. I remem- do. Don’t talk to me about disabilities. passed, that we will have available to ber the story of one woman who had a We can overcome that. What are their States, if a State selects and chooses to big skill set in terms of what was then talents and abilities? That is why we implement the Olmstead decision and computers, the early 1990s. She had a need the training and support activi- to support people with disabilities to great skill set in that. She had an- ties, so we can bring that shameful un- live in the community on their own, swered an ad for employment, went employment rate of 60 percent down. they will get a bump up in their Fed- down and interviewed. She clearly was The ADA is to people with disabil- eral matching funds. qualified. Because the job required her ities what the Emancipation Proclama- Specifically, the community first to work at different stations, different tion was to African Americans. One of choice option in the health care bill desks, the employer said he couldn’t do the great shames of American history is that it was more than a century will cover the provision of personal that because she used a wheelchair. after the Emancipation Proclamation care services and will also help support She had been born with a disability. that the Civil Rights Act actually people who live independently, per- She couldn’t get under the desks be- made good on Lincoln’s promise. That sonal care services so people can live cause of the height of the wheelchair. independently. For the first time in the The employer said: I would have to is too far and too long to wait. I can’t health care reform bill we passed, the replace all these desks. That costs a lot think of a better way to celebrate the community first choice option will re- of money. It is not a reasonable accom- 20th anniversary of ADA than by re- dedicating ourselves to completing the quire a State to provide all eligible in- modation. So she went home, told her promise of the Americans with Disabil- dividuals with personal care services father this. Her father, who was some- ities Act. This means giving people rather than only serving a small pro- what of a reasonable carpenter, had a with disabilities not only the right to portion, maybe just certain people with bright idea. He went down to the work- be independent or the right to have a certain disabilities or waiting lists or shop and cut a bunch of wood blocks job but the wherewithal to be inde- caps on costs. This bill will require a about 3 inches high. He took them to pendent and to hold a job. State to provide all eligible individuals the employer and said: If you just put I don’t want to forget all the progress with personal care services rather than one of these under every leg of the and accomplishments we have achieved serving a small slice, as now, or keep- desk, it would not cost very much. over the last 20 years. It has been won- ing long and slow moving waiting lists. Then it will be accessible—simple derful, monumental. To activists and Some people are on waiting lists for 10, things like that. advocates in the disability community 15 years before the State comes up with I remember the story of a school. The who are out there in the States and the money so they may live on their school board was very upset because here in the Nation’s Capital, I salute own and have personal care services. they had to make the drinking foun- them. I thank them for all the progress The community first choice option is tains available. If we have kids in they have worked so hard to bring one that starts next year, but it will school with disabilities, we will have to about through their dedication and grow every year. A State that moves in lower all the drinking fountains or tireless efforts. On this day, as on Mon- that direction will get a bump up of 6 something like that. It will cost a lot day, they can be proud of the great percent in their Federal matching of money. Someone pointed out, if they things they have accomplished. We all funds. That is a big deal. A State that just put a wastebasket and a paper cup know there is much more work to be wants to do this says: If we do it, we dispenser by the water fountain, they done. will get more money for the FMAP. solve the problem—simple things like When I spoke on the Senate floor 20 Without getting into details, what that that that don’t cost much money at years ago, I did it all in sign language. means is the State will get more Fed- all. I have neglected to do so today. I think eral money, if it provides for the inde- It took a while for people to start since my brother passed on, I don’t pendent living of people with disabil- thinking about it. How do we do things speak with sign language very often. I ities in the State. We have made sig- in a simple, straightforward manner so don’t practice much anymore. I have nificant progress in increasing home that people can go to school or work forgotten many signs. But there is one and community-based options; the big and we can make reasonable accom- final thought I have. In American sign step being in the health care bill as it modations? language, there is a wonderful sign for unfolds. But we are still a long way Employers I talk to who have em- America. I want to teach it to all these from having a comprehensive and equi- ployees with disabilities say they are pages and everybody. It is a wonderful table system for providing personal the most exemplary of workers. All sign for America. care services to all Americans who are they need is an opportunity and rea- You put your fingers together like eligible for nursing home care. sonable accommodations, maybe sup- this, kind of make an A for America, Let’s talk a little bit about the issue portive services. Yet we just haven’t and it goes around like this. That is of employment, perhaps my biggest made as much progress as I had hoped the sign for America. Think about it. disappointment in the 20 years since over the last 20 years. We need to do a Not separated, everyone together, one ADA has been in employment. Data better job of ensuring that people with family, no one is excluded. No one is surveys show that right now 60 percent disabilities have job opportunities, not here; no one is there. We are all to- or more of people with disabilities who just any job but one that is equal to gether. We are in this circle, the circle want to work and are able to work are their interests and their talents and of life. A beautiful sign for America. unemployed. pays accordingly. We need to ensure That is what I think about when I We hear about all the unemployment that persons with disabilities have ac- think about the Americans with Dis- figures all the time. We hear about 9 cess to the training and supports nec- abilities Act. It brought people into the percent unemployment or 18 percent essary to be successful. circle. It made everybody part of a unemployment. Think about people in So many times I have heard: I don’t family. It made our family much more the disability community, 60 percent have a job in the disability area, for a complete.

VerDate Mar 15 2010 02:23 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.015 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6140 CONGRESSIONAL RECORD — SENATE July 22, 2010 That is the historic achievement we the intent and protections of the ADA tending civil rights protections to all celebrate in the Senate resolution be- were realized. This law extends protec- Americans with disabilities. fore us today. It is the historic achieve- tions from workplace discrimination to Prior to the passage of the ADA, far ment we must safeguard for genera- cover a broader universe of persons liv- too many of our fellow Americans with tions to come. One America, one inclu- ing with disabilities. I have supported disabilities led isolated lives, artifi- sive American family that respects the efforts to expand home and commu- cially separated from the mainstream dignity, the value, and the civil rights nity-based services to ensure individ- of society, denied the basic opportunity of all, including Americans with dis- uals can access the necessary health to pursue the American dream. Things abilities. and assistive services while still living had to change if we were to remain When he signed the ADA into law, in their homes. I am pleased the health true to the ideals and principles upon President Bush spoke with great elo- reform bill included these efforts, as which our Nation was founded that are quence. Just before taking up his pen, well as other provisions to increase enumerated so well in the Declaration he said: long-term care choices. of Independence and the Constitution. Let the shameful wall of exclusion finally And yet with all this progress, there By any standard, those with disabil- come tumbling down. is still work left to be done. The dis- ities did not have the chance to engage Twenty years later, that wall is in- abled community still faces barriers in in all that life has to offer including deed falling. The ADA has broken down accessing quality health care, obtain- their own pursuit of happiness. Fortunately, things are different barriers, created opportunities, trans- ing appropriate education, finding now. Although there is still more to do formed lives. This great law is America meaningful employment opportunities, we have every reason to be proud of at its very best. So it is fitting for the and securing financial independence. what the ADA has been able to achieve Senate to commemorate its great The rising price of health care has thus far. We can see the vision of the achievement 20 years ago in passing placed financial pressure on all Ameri- ADA being carried out before our eyes the ADA with an overwhelmingly bi- cans. These increased costs put addi- tional strain on disabled working as it enables our family members, partisan vote of 91 to 6. I urge all col- friends, and neighbors to go about their leagues to join with the many bipar- Americans when their earnings become a liability rather than an asset. Indi- daily lives, praying, going to school, tisan cosponsors in voting for this Sen- and pursuing their goals in every area viduals should have the opportunity to ate resolution. of their lives—on every level—in large Mr. JOHNSON. Madam President, I contribute their time and talents with- part because of what the Americans rise today to recognize the 20th anni- out jeopardizing their health insurance with Disabilities Act has made pos- versary of the enactment of the Ameri- benefits and challenging their incen- sible. cans with Disabilities Act. This legisla- tive to work. Our policies should en- Twenty years ago, before the passage tion, signed into law on July 26, 1990, courage vocational promotion, self-suf- of this legislation, our country was a marked a historic affirmation of the ficiency, and financial independence. much different place for those with dis- Many areas of our country lack reli- principles of equality and inclusion abilities. It was difficult, if not impos- able and accessible transportation for upon which our country was founded. I sible, for them to access the resources was proud to cosponsor this legislation individuals with a disability. As we all in their communities that we all take as a Member of the House of Represent- know, without reliable transportation for granted. Minor barriers most of us atives, and I am proud of the strides it is difficult to commute to work, the could easily navigate had long been made since that time in protecting and local grocery store, or even the doc- major obstacles for people with disabil- defending the civil rights of citizens tor’s office. Other obstacles in edu- ities. We needed to do something to with disabilities. cation, telecommunication, and acces- make it easier to access the places we When the law was enacted, many sible and affordable housing prevent in- all had long enjoyed with our friends. Americans believed that it was an im- dividuals with a disability from con- It wouldn’t take a lot—just simple ac- possible dream that all street cross- tributing fully to their community. As commodations like curb cuts, ramps walks should be wheelchair accessible. our attitudes and environments con- instead of stairs, more accessible sta- Employers feared the prospect of hav- tinue evolving, we must work to ensure dium features, and better equipped ing to make ‘‘reasonable accommoda- the advances made over the last 20 telecommunications devices. Just tion’’ for their employees and cus- years continue to move us forward. these few simple changes would have tomers with disabilities. Frankly, some Mr. ENZI. Madam President, I rise made all the difference. Unfortunately, people found it unthinkable that dis- today to join my colleagues in marking although easily done they were all too abled people would be able to fully par- the 20th anniversary of the enactment scarce and all too often impossible to ticipate in our society. I am pleased to of the Americans with Disabilities Act. find. Then the ADA came to pass and it report that the past 20 years have prov- As the ranking member of the Senate raised our awareness of what needed to en them wrong. Committee on Health, Education, be done and our resolve to do it. Thanks to the ADA, disabled people Labor and Pensions, I am particularly When the ADA changed everything it across the Nation are better able to en- proud of this legislation and the im- meant a lot to people like Ellington gage in their community, contribute to pact it has had on addressing the rights Herring, a young man from German- their workplace, and achieve their edu- and needs of people with disabilities all town, MD, who has an intellectual dis- cational goals. While the ADA in- across the country for the past 20 ability and uses a wheelchair. Thanks creased accessibility to public places years. As we mark this great anniver- to the ADA and the efforts of people to and addressed physical barriers, it also sary, I also want to express my great get it implemented across the Nation, changed the landscape of opportunities appreciation for the hard work and de- he has full access to all the resources available to Americans of all abilities. termined effort those with a vision of of his community. Without the ADA Attitudes have shifted to recognize equality and justice put into seeing Ellington wouldn’t be able to spend the people for their abilities and talents, this bill through the legislative proc- day doing what he enjoys most—going rather than their differences. ess. It was a courageous and heroic to the mall, going places with his fam- These advances have contributed to cause and it has made a difference in ily and friends, getting his hair cut at the growth of productivity in our Na- more lives than we will ever know. the local barber shop, taking in a tion and have brought an entirely new Just 20 years ago this month, on July movie, and going to church. realm of perspectives and ideas into 26, 1990, President George Bush signed Twenty years ago while students the workplace. As millions of Ameri- the Americans with Disabilities Act with disabilities had to be included in cans have received fair treatment be- into law. It is without question the the same school those without disabil- cause of these laws, so has our Nation most important civil rights legislation ities attended, they did not have to be benefitted through increased growth that has been passed by the Congress placed with the others in a general edu- and productivity in our workforce. since the Civil Rights Act of 1964. It cation classroom. It was the ADA Last Congress, I was pleased to co- was such a great achievement because along with the Individuals with Dis- sponsor and support the passage of the it reflected our fundamental and grow- abilities Education Act, and the Ele- ADA Amendments Act of 2008 to ensure ing concern for human rights by ex- mentary and Secondary Education Act

VerDate Mar 15 2010 02:23 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.017 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6141 that has subsequently guaranteed them Utah. With the support of multiple to make things easier by making the access to the general education cur- State agencies and local organizations, things people with disabilities do every riculum and we are all the bene- after 6 months Owen Johnson went day a somewhat smaller mountain for ficiaries of that. home to live with his parents on their them to climb. Let me introduce you to someone rural ranch. Today he is 21⁄2 and he and The ADA opened the world to people else—Ted Dawson of Buffalo, WY. his family are thriving in their com- with disabilities by guaranteeing their Thanks to the ADA, he was able to munity and Owen is going strong— independence, freedom of choice, abil- graduate with a high school diploma— defying the odds of his doctors who are ity to control their lives, and the op- not a certificate of achievement—but a amazed and thrilled by his progress. portunity to completely, fully, and high school diploma. There is a dif- While it is true that we all have our equally participate in the American ference and it meant a lot to him and own struggles in life to deal with, it is mainstream. his parents, teachers, school adminis- also true that some face more difficult No law is perfect and some problems trators, and his friends. They all had challenges that they have to work to still arise with this one. As recently as high expectations for him—and he de- overcome just to do the things that are 2008 Congress had to revisit the ADA. livered! It wasn’t easy. In Wyoming part of our own daily routine. Such an After negotiating together through the you have to be proficient in at least 5 individual is Cindy Bentley from Mil- committee process in the Senate, we of 9 common core areas in order to waukee, WI. Cindy is an articulate, en- acted with overwhelming bipartisan graduate. Ted, who has Down’s syn- gaging, upbeat, and charismatic indi- support to pass the ADA Amendments drome, stepped up and met the chal- vidual. She is a world traveler, and a Act, which restored ADA protections lenge because that was what was ex- national speaker and spokesperson for that had been complicated by judicial pected of him. More importantly—it millions of people with disabilities. decisions narrowing the scope of the was what he expected from himself. He People have no idea about her history. law. is an important example of what can Cindy was born with fetal alcohol syn- While Congress has continued to ad- happen if people are valued and in- drome with cocaine, alcohol, and her- dress the issue the Capitol complex is cluded instead of being segregated into oin in her bloodstream, resulting in not fully accessible yet. When I served special classrooms and regarded as less lifelong intellectual disabilities, sei- as the chairman of the Senate Com- capable. Thanks to the ADA, Ted is 24 zures, and some motor control prob- mittee on Health, Education, Labor now and living and working in his com- lems. She then received severe burns and Pensions I routinely heard from munity. when she was placed in foster care at people with disabilities about inacces- Twenty years ago it was not well un- the age of 21⁄2 and her foster mother set sible hearing and conference rooms on derstood that people with disabilities her shirt on fire. Shortly thereafter she Capitol Hill, the use of offensive termi- wanted to work and pursue a career, go was placed in the Southern Wisconsin nology by Members and staff and a to school, be a part of the activities in Center for people with developmental lack of understanding and awareness their communities, and be treated just disabilities. Cindy now lives independ- about disability issues. like everyone else. Let me introduce ently in her own apartment in Glen- That was when I took it upon myself you to George Garcia of Cheyenne, WY. dale, WI. She was chosen as 1 of 12 Spe- to write a manual to help congres- He is a 53-year-old gentleman who cial Olympics Global Messengers from sional offices prepare for visitors, in- works part time at a meaningful job, 2000–2002, and she is an active member terns, and staff who may have accessi- sits on multiple boards, volunteers of two statewide Governor-appointed bility needs. As elected officials it is with several organizations and just so councils. our role to ensure that everyone who happens to have an intellectual dis- Twenty years ago people with dis- comes to visit the Nation’s Capitol or ability. Mr. Garcia, as the Governor of abilities could not access public trans- our home offices, including people with Wyoming calls him, knows everything portation and those that lived in the accessibility needs, are included in our about the city he calls home and the community couldn’t go anywhere be- daily dialogue. The manual contains State of Wyoming. In fact, he knows cause they lacked the means to easily all disability specific resources offered just about everyone who lives in Wyo- travel on their own. The ADA changed by the Office of Congressional Accessi- ming because he has spent years trav- all that by removing the barriers that bility Services, the Sergeant at Arms, eling the roads of our State sharing his faced those with disabilities when they the Capitol Police, the Office of Secu- story and his message about the impor- tried to travel. Such was the case for rity and Emergency Preparedness, the tance of choice, freedom and independ- Richard Leslie, the founder and execu- Architect of the Capitol, and other of- ence. Without the ADA George, and tive director of the Wyoming Epilepsy fices in the Capitol Hill complex in an thousands of people just like him, Association that is located in Chey- easily available and easy to read for- would not have had the opportunity to enne, WY. Richard himself has epilepsy mat so that if a constituent who is deaf hold meaningful jobs, live where they and he does not have the ability to arrives at a meeting and a sign lan- choose, and go anywhere they want to drive because of his disability. He has guage interpreter was not reserved the in their communities. used his disability to empower himself office can easily determine who to call That was so because 20 years ago peo- and others by becoming an advocate for assistance. ple with disabilities were destined to for people with disabilities. The ADA Just as the Architect of the Capitol live in an institution—community has assisted him and others like him is improving signage for people who are based services and support were not an by creating public transit systems that blind, and ensuring that all restrooms option. Now families have choices and are usable and accessible, much like are accessible by wheelchair users I am many of them have chosen community the Cheyenne Transit Program. The currently updating the manual to ac- living. That brings me to Owen John- Cheyenne Transit Program offers ac- count for such changes and the addi- son. Let me share Owen’s story with cessible bus rides at reasonable fares as tion of the Capitol Visitor Center. you. He was born with spinal muscular well as curb-to-curb services which not Today, we recognize and celebrate atrophy in January of 2008 at Primary only allows for mobility within the the anniversary of a law that brought Children’s Hospital in Utah. When he city but makes the opportunity for em- freedom, choice, and independence to was born doctors told his dad, Lenn and ployment better as well because the many Americans. It is a constant re- his mom, Gayle, that Owen’s life ex- service is tailored to the individual’s minder of who we are as a people, and pectancy would be a mere 2 years. Lenn needs. what we stand for as a nation. As and Gayle wanted to bring Owen home These are just a few of the remark- President Bush noted when he signed to Wyoming to be with his family. Un- able stories that can be told because of the ADA into law: ‘‘This Act is power- fortunately they were informed that the Americans with Disabilities Act ful in its simplicity. It will ensure that Cokeville, WY, was ‘‘too rural’’ and which is still making a difference people with disabilities are given the they would not be able to find the serv- throughout the United States. While basic guarantees for which they have ices and support they would need to do no one would ever say that the lives of worked so long and so hard: independ- so. Some doctors were even suggesting these people has been easy, the Ameri- ence, freedom of choice, control of they place Owen in a nursing home in cans with Disabilities Act has helped their lives, the opportunity to blend

VerDate Mar 15 2010 02:23 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.039 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6142 CONGRESSIONAL RECORD — SENATE July 22, 2010 fully and equally into the rich mosaic public accommodations, commercial ator HARKIN’s Senate resolution that of the American mainstream.’’ This facilities, transportation and tele- recognizes and honors the 20th anniver- law makes it clear that all Americans communications, as well as federal, sary of the enactment of the Ameri- are entitled to the right to life, liberty, state and local government programs. cans with Disabilities Act of 1990. This and the pursuit of happiness. As we It has been a critical part of our ef- resolution not only honors passage of continue to make this law more re- forts to fulfill the Nation’s goals of the ADA, it also pledges to continue to sponsive to the needs of those with dis- equality of opportunity, independent work on a bipartisan basis to identify abilities, we will continue to ensure living, economic self-sufficiency, and and address the remaining barriers that the chance to live the American full participation for Americans with that undermine the Nation’s goals of dream is an avenue of opportunity that disabilities. equality of opportunity, independent is available to everyone—without ex- It has played an historic role in al- living, economic self-sufficiency, and ception. lowing over 50 million Americans with full participation for Americans with Mr. KERRY. Madam President, my disabilities to participate more fully in disabilities. friend Senator TOM HARKIN has been national life by removing barriers to Mrs. FEINSTEIN. Madam President, championing the rights of Americans employment, transportation, public I am proud to be an original cosponsor with disabilities his whole life. He wit- services, telecommunications, and pub- of Senate Resolution 591 recognizing nessed the challenges and discrimina- lic accommodations. and honoring the 20th anniversary of tions of people with disabilities first Specifically, it prohibits employers the Americans with Disabilities Act. hand. His brother Frank lost his hear- from discriminating against qualified In 1990, congressional members from ing at a very young age and he has wit- individuals with disabilities and it re- both sides of the aisle joined together nessed the many ways that people with quires that State and local govern- to denounce disability-based discrimi- disabilities are prevented from fully mental entities accommodate qualified nation and demand equal rights for the participating in activities that most individuals with disabilities. Because disabled through the Americans with of the ADA, places of public accommo- Americans take for granted. Disabilities Act. In the 20 years since, dation must take reasonable steps to Senator HARKIN has said that the 1990 this landmark law has stood as a proud signing of his bill, Americans with Dis- make their goods and services acces- marker of our Nation’s collective belief sible to individuals with disabilities. abilities Act remains one of the proud- that disabled Americans can and And new trains and buses must be ac- est days of his life. The vote I cast for should be full participants in our Na- cessible to individuals with disabil- Americans with Disabilities Act was tion’s civic, economic, and social life. ities. That, as one national disability organi- one of my proudest days as a U.S. Sen- All Americans, not just those with zation proclaims, ‘‘It’s ability, not dis- ator. disabilities, benefit from the accom- ability that counts.’’ This month will mark two decades modations that have become common- The Americans with Disabilities Act since the landmark passage of the place since the passage of the Ameri- has had profound effects on the lives of Americans with Disabilities Act, cans with Disabilities Act like curb over 50 million disabled Americans known as the ADA. This important cuts at street intersections, ramps for from curb cuts to elevators, Braille dis- civil rights law seeks to ensure equal- access to buildings, greater access to plays to voice recognition technology, ity rights and opportunities for the public transportation, stadiums, tele- more than 54 million Americans with communications, voting machines, and and voting assistance to expanded em- physical and mental disabilities. Web sites benefit all Americans. ployment opportunities, to name just a Prior to the passage of the ADA, peo- The ADA has been one of the most few examples. ple with disabilities faced significantly significant and effective civil rights Because of the Americans with Dis- lower employment rates, lower gradua- laws passed by Congress. We have come abilities Act, Americans who are deaf tion rates, and higher rates of poverty a long way in the 20 years since enact- or hard of hearing are now guaranteed than people without disabilities, and ment with of the ADA, but children the same services that law enforcement were too often denied the opportunity and adults with disabilities continue to provides to anyone else. Law enforce- to fully participate in society due to experience barriers that interfere with ment agencies may not exclude hearing intolerance and unfair stereotypes. their full participation in mainstream impaired Americans from their serv- The ADA sought to eliminate the in- American life. ices and must make efforts to ensure dignities and prejudice faced by indi- People with disabilities are still that their personnel communicate ef- viduals with disabilities on a daily twice as likely to live in poverty as fectively with people whose disability basis. Before passage of this law, indi- their fellow citizens and continue to affects their hearing. viduals with disabilities were pre- experience high rates of unemployment Thanks to this landmark law, buses vented from attending schools, subject and underemployment. And many peo- are now equipped with reliable lifts for to discriminatory hiring practices, and ple with disabilities still live in seg- wheelchair access; drivers announce were unable to enter public buildings, regated institutional settings because stops to inform the seeing-impaired of safely cross a street, or ride a public of a lack of support services that would arrival; and paratransit services pro- bus. allow them to live in the community. vide door-to-destination transpor- On July 26, 1990, the ADA was signed While technology and the Internet tation. This increased mobility enables into law signed into law by President have broken down barriers, new tech- disabled Americans to hold jobs and George H.W. Bush with the promise of nologies are still not accessible to all pursue educational opportunities, to fostering full and equal access to civic, Americans. I have cosponsored the perform day-to-day errands independ- economic and social life for individuals Equal Access to 21st Century Commu- ently, and to access medical and social with disabilities. nications Act by Senator MARK PRYOR services. Upon its passage Senator Edward M. to improve internet technology access As one San Francisco resident said, Kennedy, who played an important role for the blind and deaf communities. If ‘‘We no longer have to rely on the in the enactment of this legislation, passed, this legislation would make it kindness of strangers to shop for us or said: easier for deaf and hard of hearing feel that we can only experience other The act has the potential to become one of Americans to access the same tech- cities through films, videos and the great civil rights laws of our generation. nologies that hearing people take for books.’’ This legislation is a bill of rights for the dis- granted. In particular, it would require The Americans with Disabilities Act abled, and America will be a better and fair- all devices to be capable of captioning has enabled disabled Americans to visit er nation because of it. video and it would require all Internet and enjoy the grounds of our Nation’s Indeed, over the last 20 years, the videos to be captioned. No one should cultural and historical treasures such ADA has become one of our country’s be or has to be excluded from modern as Mount Vernon, the home of George most important and treasured civil communications and the new economy Washington. rights laws. because of a disability. This important law has also im- The ADA prohibits discrimination on For all these reasons, I urge my col- proved the quality of life for Ameri- the basis of disability in employment, leagues to join me in supporting Sen- cans with impaired sight, by requiring

VerDate Mar 15 2010 05:01 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.039 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6143 stores and businesses across the coun- on family, friends, or a social service sides of the aisle cheered and the Presi- try to accommodate the service ani- agency. Very few transit systems in dent proclaimed: ‘‘With today’s signing mals that guide and assist them. And this country had buses or trains that of the landmark ADA, every man, progress is being made to ensure that were accessible to people using wheel- woman and child with a disability can the Web sites and online stores that chairs. now pass through once-closed doors make up the world of e-commerce are We passed the ADA to fulfill the Na- into a bright new era of equality, inde- accessible as well. tion’s goals of equality of opportunity, pendence and freedom.’’ Let me offer yet another example: a independent living, economic self suffi- That remains our vision, and I look veteran fireman like Dennis Bell does ciency, and full participation for Amer- forward to working with my colleagues not have to quit his job when he loses icans with disabilities. Twenty years to widen that door even further so his leg during a rescue attempt, be- later, it is clear that this pioneering more Americans can pass through. cause of the Americans with Disabil- law is fulfilling its promise in many I yield the floor and suggest the ab- ities Act. Instead, his employer must ways. sence of a quorum. provide him with the opportunity to be You can see it right outside on the The ACTING PRESIDENT pro tem- reassigned. In Mr. Bell’s case, he has sidewalk with curb cuts, ramps, Braille pore. The clerk will call the roll. been given an opportunity to work in a signs, and assistive listening devices. The assistant legislative clerk pro- new division instructing children about The physical changes the ADA has ceeded to call the roll. fire safety. brought about benefit all Americans, Mr. HARKIN. Madam President, I And because of the Americans with not just those with disabilities. We ask unanimous consent that the order Disabilities Act, a gifted man like have seen progress in public transpor- for the quorum call be rescinded. Chris Lenart, who is unable to talk or tation and public accommodations. Be- The ACTING PRESIDENT pro tem- walk, can pursue a successful career as cause of the ADA and IDEA together, pore. Without objection, it is so or- a computer programmer and remain thousands of Americans with disabil- dered. economically self-sufficient. Employers ities have gone to good schools, re- Mr. HARKIN. Madam President, we can no longer deny a job to a qualified ceived good educations, and entered are rapidly approaching the time when applicant because of a disability. the workforce. we will yield the floor to a different At least 12 percent of Americans live The Americans with Disabilities Act resolution, and I guess the vote will be with a disability, but each and every does not grant people with disabilities held at around noon on the resolution one of us benefits from the skills and any special status or position. To the commemorating the 20th anniversary talents of disabled Americans who can contrary, it simply removes certain of the Americans with Disabilities Act. now contribute to our country’s work- barriers that for too long had made it I didn’t say this before, but there are a force and public life, and whose abili- difficult—if not impossible for people lot of activities going on all over this ties are not lost for want of an oppor- with disabilities to make the most of country this weekend. In every State, tunity to demonstrate them. their God-given skills and abilities, certain activities are taking place, al- I believe that our country has be- and to participate fully in their com- though not the same thing. Different come a stronger and fairer place over munities and in the workplace. States do different things. Senator Despite the important changes made the past 20 years because of the Ameri- BROWN mentioned that in Iowa we are by the ADA, we still have work to do to cans with Disabilities Act. As the 20th collecting stories from all of our 99 ensure that people with disabilities anniversary approaches, I am proud to counties from people with disabilities, achieve the full promise of the law. reflect with my colleagues on the from families and friends who know of Twenty years after enactment, people progress that has been made as a result what has happened in the life of a per- with disabilities still experience bar- son with a disability and has been af- of this law, as well as to acknowledge riers that interfere with their full par- that there is more work still to be fected by the Americans with Disabil- ticipation in mainstream American ities Act. I am participating this week- done. life. end in several events in Iowa com- Mr. DURBIN. Madam President, next The promise of equal employment op- memorating the ADA. In every State Monday marks the 20th anniversary of portunity for people with disabilities the enactment of the Americans with remains largely unfulfilled. we are doing this. It is happening all Disabilities Act. The ADA is one of More than 60 percent of working-age over the country. Of course, it is hap- America’s great civil rights achieve- Americans with disabilities are unem- pening in Washington, DC, as well. ments. In its scope and intentions, it ployed. Americans with disabilities Next Monday there will be a series of ranks alongside major victories for who do work tend to be concentrated in events. At 10 a.m. there will be a panel equal justice, like the 15th and 19th lower paying jobs. As a result, individ- discussion that will take place in the amendments, the Civil Rights Act and uals with disabilities are three times as Kennedy Caucus Room in the Russell the Voting Rights Act. likely to live in poverty as individuals Building. That is from 10 to 12 noon. I would like to recognize and con- without disabilities. That has to Everyone is invited. It will be a discus- gratulate my friend and colleague TOM change. Most people with disabilities sion, interestingly enough, among a lot HARKIN for his instrumental role in au- want to work, and have to work. of people who were there at the cre- thoring this legislation 20 years ago. Many people with disabilities con- ation, including Steve Bartlett, whom I He has been a steadfast advocate for tinue to live in segregated institu- mentioned, Boyden Gray, Attorney people with disabilities, and with his tional settings because the support General Dick Thornburgh, Bobby Sil- leadership last Congress we passed the services they need to live in the com- verstein, Pat Wright—a number of peo- ADA Amendments Act of 2008 to re- munity don’t exist or aren’t affordable. ple who were there in the beginning— store the full promise of the ADA after And many public and private buildings to talk about how this happened but it been distorted and diluted by a series still aren’t accessible to people with then to also have the audience partici- of bad Federal court decisions. disabilities. pate in a discussion about what needs I am deeply proud to have voted for It is important to take the time to be done and where we go from here. the ADA in 1990 because this law pro- today to recognize the barriers we have So that is from 10 to 12 in the Kennedy duced changes in society—removing eliminated for people with disabilities, Caucus Room in the Russell Building. physical barriers, prohibiting discrimi- and recognize that we still have work Then at 1 p.m. there is an ADA recep- nation, and changing attitudes—that to do. We need to continue tearing tion on the House side in Statuary we might take for granted today. down the subtler barriers that prevent Hall. That will start at 1 p.m. Then a Before passage of this law, people far too many people with disabilities very interesting thing is going to hap- with disabilities were too often denied from participating fully in our econ- pen on the House side. At 2 p.m. the the opportunity to fully participate in omy, not just because it is the right House will come into session. The Pre- society. Back then, if you needed a thing to do, but because it is the smart siding Officer in the House at that time haircut, if you had to see a doctor, if thing to do. will be Representative JIM LANGEVIN you just wanted to meet a friend for a When President George H. W. Bush from Rhode Island. Congressman cup of coffee, you probably had to rely signed the ADA in 1990, people on both LANGEVIN is a severe paraplegic. I have

VerDate Mar 15 2010 02:23 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.052 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6144 CONGRESSIONAL RECORD — SENATE July 22, 2010 known JIM for many years. He uses a The ACTING PRESIDENT pro tem- Let us stand with the Burmese peo- wheelchair. Congressman LANGEVIN has pore. Without objection, it is so or- ple. Let us seek to free them from their never been able to preside over the dered. captivity, and let us renew these sanc- House because, like our podium here, Mr. HARKIN. Again, I note the ab- tions. one has to go up a number of steps to sence of a quorum. I urge my colleagues to support this get to it. There is no way he could get The ACTING PRESIDENT pro tem- bipartisan resolution. his wheelchair up there. I understand pore. The clerk will call the roll. Mr. MCCONNELL. Madam President, the House is in the process now of de- The assistant legislative clerk pro- today our colleagues will vote on H.J. veloping a system so that individuals ceeded to call the roll. Res. 83, which would extend sanctions who use wheelchairs can now get to the Mr. BAUCUS. Madam President, I on the Burma regime for another year. podium. ask unanimous consent that the order As in years past, I am joined in this ef- So for the first time, a for the quorum call be rescinded. fort by my good friend, Senator DIANNE Congressperson using a wheelchair will f FEINSTEIN. Alongside the 2 of us are 66 preside over the House of Representa- RENEWING THE IMPORT RESTRIC- other cosponsors, including Senators tives. I intend to be there. As a former TIONS IN THE BURMESE FREE- MCCAIN, DURBIN, GREGG, and House Member, I have privileges of the DOM AND DEMOCRACY ACT OF LIEBERMAN. floor. I want to see that historic event. 2003 This overwhelming bipartisan sup- That will take place at 2 p.m. on the port for sanctioning the junta reflects The ACTING PRESIDENT pro tem- House side. the clear view of more than two-thirds pore. Under the previous order, the Then, at 4 p.m., from 4 to 6, President of the Senate that the generals cur- Senate will proceed to the consider- Obama is opening the White House rently ruling Burma should be denied ation of H.J. Res. 83, which the clerk lawn for a celebration. There will be the legitimacy they are pursuing will state by title. several hundred people there—people through this year’s sham elections. The assistant legislative clerk read with disabilities and their families and Renewing sanctions against the mili- as follows: friends, people who have been involved tary regime in Burma is as timely and in this. As I understand it, the White A joint resolution (H.J. Res. 83) approving as important as ever. The ruling State House will be making a proclamation the renewal of import restrictions contained in the Burmese Freedom and Democracy Act Peace and Development Council is con- at that time. That will be from 4 to 6. tinuing its efforts to try to stand up a At 7 p.m. there will be an ADA anni- of 2003, and for other purposes. The ACTING PRESIDENT pro tem- farcical new Constitution by holding versary gala at the National Press Club bogus elections. These elections— from 7 p.m. to 11 p.m. thrown by a coa- pore. Under the previous order, all time is yielded back, except for 20 minutes, whenever they take place—will be du- lition of disability advocates. So a full bious for a number of reasons. First, day of celebration and remembrance with the time equally divided and con- trolled between the Senator from Mon- the junta continues to imprison Nobel and a day of commitment to moving Peace Prize laureate and prodemocracy tana, Mr. BAUCUS, and the Senator further and making sure the promise of leader Aung San Suu Kyi. The generals from Kentucky, Mr. MCCONNELL, or the ADA is fulfilled—not in 100 years have made it clear they will prevent but a much shorter time period than their designees. The Senator from Montana is recog- her from participating in any govern- that. ment under the new Constitution. As I mentioned earlier, it took 100 nized. Second, the military leadership effec- years, from Lincoln’s Emancipation Mr. BAUCUS. Madam President, tively forced Suu Kyi’s party, which Proclamation to the Civil Rights Act today the Senate considers extension overwhelmingly won the last Demo- of 1964, before the Emancipation Proc- of economic sanctions against the Bur- cratic election way back in 1990, to lamation promise was actually put into mese regime. The Senate should pass shutter its operation. law. I hope and trust and will work this resolution. Third, the Burmese electoral watch- hard to make sure it doesn’t take 100 Aung San Suu Kyi, the Nobel Peace dog, which is essentially an arm of the years to make the promise of the ADA Prize winner and democracy leader in SPDC, recently issued rules on cam- complete throughout our society. We Burma, said ‘‘the people in Burma are paigning that are ludicrous on their have come a long way. We have some like prisoners in their own country.’’ very face. For instance, they prohibit a more things to do. We are at it and we Dr. Suu Kyi, herself, remains, quite variety of electioneering activities are going to keep at it. We are going to literally, a prisoner. The Burmese re- such as organizing marches, holding keep doing whatever we can to make gime has kept her under house arrest flags, and chanting slogans. sure the four goals of the Americans on trumped up charges for 14 of the last with Disabilities Act are realized in as 20 years. As if things in Burma on the election short of a timeframe as possible. She persists in her dream of freedom front were not alarming enough, the So with that, I yield the floor and and democracy for Burma. By extend- potential security threat posed by the note the absence of a quorum. ing economic sanctions against the regime has become increasingly worri- The ACTING PRESIDENT pro tem- Burmese regime, we hope to make that some. The last several months have pore. The clerk will call the roll. dream a reality. continued to produce press reports of The assistant legislative clerk pro- The Burmese regime seems intent on ties between Burma and North Korea, ceeded to call the roll. keeping its people in chains. According including particularly alarming indica- Mr. HARKIN. Madam President, I to the State Department, the regime tions of alleged weapons transfers from ask unanimous consent that the order continues to conscript children into Pyongyang. for the quorum call be rescinded. the military and engage them in forced I am hopeful the time will soon come The ACTING PRESIDENT pro tem- labor. It continues to violate freedoms when sanctions against the Burmese pore. Without objection, it is so or- of expression, assembly, association, Government will no longer be needed dered. movement, and religion. It continues and that, as did South Africa in the Mr. HARKIN. Madam President, first to use murder, abduction, rape, and early 1990s, the people of Burma will be of all, I ask for the yeas and nays on torture against its opponents. able to free themselves from their own the resolution. I have often questioned whether uni- government. However, as recent events The ACTING PRESIDENT pro tem- lateral trade sanctions are the best indicate, the Burmese junta maintains pore. Is there a sufficient second? path. But several trading partners—in- its iron grip on its people and con- There appears to be a sufficient sec- cluding the European Union, Canada, tinues to carry out a foreign policy ond. and Australia—have joined us in im- that is inimical to U.S. objectives. The yeas and nays were ordered. posing sanctions against Burma. The For these reasons, the United States Mr. HARKIN. I thank the Presiding State Department has found that these must deny this regime the legitimacy Officer. sanctions have made it more difficult it so craves and await the day when the I yield back whatever time remains and costly for the Burmese regime to Burmese people will be permitted to on our side on this resolution. profit from imprisoning its people. govern their own affairs.

VerDate Mar 15 2010 02:23 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.021 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6145 The ACTING PRESIDENT pro tem- democratic constitution and election Suu Kyi and give its stamp of approval pore. The Senator from California is law, both drafted in secret and behind to the regime’s sham constitution and recognized. closed doors by the ruling military electoral law. Mrs. FEINSTEIN. Madam President, junta. I applaud their courage and their de- I will speak briefly on the resolution. Under the terms of the new constitu- votion to democracy, human rights, Mr. BAUCUS. I yield such time as tion, 25 percent of the seats must be set and the rule of law. the Senator from California may use. aside for the military. Think about I am saddened to see the regime close Mrs. FEINSTEIN. Madam President, that for a moment. Before any vote has its doors, but the spirit and principles I wish to give just a little history to been cast, the military is guaranteed of this party will live on in the hearts back up this resolution. one-quarter of the seats in the new 440- and minds of its people. I know that, In 1997, former Senator William member house of representatives. one day, they will be able to elect a Cohen and I authored legislation, How will this new institution be any truly representative government. which required the President to ban different from the current military re- As Tin Oo, NLD’s deputy leader and new U.S. investment in Burma, if he gime? former political prisoner, said: determined that the Government of If that isn’t enough to raise doubts We do not feel sad. We have honor. One Burma had physically harmed, re- about the military’s commitment to a day, we will come back; we will be reincar- arrested or exiled Aung San Suu Kyi or truly representative government, it nated by the will of the people. committed large-scale repression or vi- should also be pointed out that the re- This is a clear message to the regime olence against the democratic opposi- gime’s Prime Minister, Thein Sein, and that an illegitimate constitution and tion. In fact, at that time, Secretary 22 Cabinet Ministers resigned from the election law cannot suppress the Albright met with the ASEAN nations army to form a new civilian political unyielding democratic aspirations of and tried to encourage them to be of party, the Union Solidarity and Devel- the people of Burma. help. They were of no help, so the opment Party. We must send our own signal to the President, by Executive order, then in- Any seats won by this new party in regime that its quest for legitimacy stituted this investment ban. the upcoming election will be in addi- has failed. We must send a signal to the In 2003, after the regime or some of tion to the 25 percent set aside for ac- democratic opposition that we stand in its quislings attempted to assassinate tive military members. solidarity with them, and we will not Does anyone truly believe the regime Aung San Suu Kyi when she was on a abandon them. has embraced democracy and the con- march in the center of the country, I also thank former First Lady Laura cept of civilian rule? Unfortunately, it Senator MCCONNELL and I introduced Bush, who joined with virtually all the will be business as usual for the people the Burmese Freedom and Democracy women of the Senate to hold a press of Burma and the democratic opposi- Act of 2003, which placed a complete conference back in 2007. Mrs. Bush was tion. ban on imports from Burma. It allowed What about Suu Kyi and her National willing to use her First Lady status to that ban to be renewed 1 year at a League of Democracy—winners of the support this cause. I think it is a ges- time. That is essentially what we are last free parliamentary election in ture that will not be forgotten by any doing today. It was signed into law and 1990? First, earlier this year, the re- of us. Now is the time to renew the import has been renewed 1 year at a time since gime, which has not allowed the party, then. the NLD, to assume power, officially ban on all products from Burma for an- I became involved in this struggle for annulled its victory in the 1990 par- other year. The regime has taken many peace and democracy in no small part liamentary elections, which would steps in the wrong direction. I live for the time when this military due to the courage and valor of this have made Suu Kyi the head of the junta will recognize that keeping this wonderful woman. I think I admire her Burmese Government. as much as any woman in the world. Second, under the new constitution, brave woman under house arrest, ab- Her message of democracy, human Suu Kyi is barred from running in any sent any interconnection with any of rights, and the rule of law continues to future election. the people of her party or of her coun- inspire not only her fellow citizens but Why is this? What has she done to de- try for 20 years, is an unjust penalty. people all over this great world, with serve this? Simply put, we still have hope. Hope- her courage and her resolve in the face Well, in 2009, an American swam fully, the military junta, as they are of constant oppression. across the lake to her house, uninvited, called, will one day recognize that For the past two decades, Burma’s and remained there for 2 days. She did Burma should be a free and democratic despotic military rulers have engaged not know this man. She had never com- nation and that an election should be in a campaign of persecution against municated with this man. She had open to all people and all runners. Aung San Suu Kyi, tarnishing her nothing to do with him, but he was ob- Then the opportunity for major change image wherever they could, unjustly viously exhausted after swimming and recognition of the people of Burma convicting her of violating an illegit- across the lake, and he remained in her in the Council of Nations will take imate house arrest last year, and ex- house for 2 days. She was then arrested place. tending her unlawful detention. and convicted for allowing him to re- I regret very much that we have to She has spent the better part of 20 main in her house, which, according to do this for another year. I am grateful years under house arrest. She has not the regime, violated the terms of her to Senator MCCONNELL for joining me seen her two sons who live in the house arrest. over the years, as annually this has United Kingdom for years. She was not Because of this conviction, she can- been recognized and a vote has been permitted to visit her husband when he not participate in this or any future taken to continue the sanctions. was dying of cancer in the United King- election under the new constitution. So NLD dom. here is the only democratically elected Mr. MCCONNELL. Madam President, Yet Aung San Suu Kyi remains reso- leader—elected 20 years ago—under I rise for a colloquy with my colleague, lute in her dedication to the pursuit of house arrest for the better part of the senior Senator from California, to peaceful national reconciliation, as do those 20 years. She survived an assas- discuss interpretation of the Burmese the members of her political party, the sination attempt. She is ostracized and Freedom and Democracy Act, as National League for Democracy. kept from any interaction with her po- amended. Now, more than ever, the people of litical colleagues or her family and, fi- I ask my Democratic colleague, who Burma need to know that we stand by nally, she can never run for any office is the lead cosponsor of this legisla- them and support their vision of a free again. tion, is it her understanding that the and democratic Burma. As a result, the NLD was faced with prodemocracy National League for De- On May 6, her party, the National a clear choice: either kick Aung San mocracy party has officially decided to League for Democracy, closed its Suu Kyi out of the party and partici- boycott the upcoming 2010 Burmese doors. Let me be clear. They did not pate in the election or face extinction. elections. shut down of their own free will; it was It should come as no surprise that Mrs. FEINSTEIN. Yes, it is. The Na- forced to disband by an unjust and un- the party refused to turn its back on tional League for Democracy in March

VerDate Mar 15 2010 02:32 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.024 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6146 CONGRESSIONAL RECORD — SENATE July 22, 2010 of this year indicated it could not par- Mr. BAUCUS. Madam President, I Bennet Gillibrand Mikulski ticipate in the elections due to the jun- ask unanimous consent that all time Bennett Goodwin Murkowski Bingaman Graham Murray ta’s repressive election law. It there- be yielded back, both minority and ma- Bond Grassley Nelson (NE) fore declined to register as a political jority. Boxer Gregg Nelson (FL) party and consequently under the new The PRESIDING OFFICER. Without Brown (MA) Hagan Pryor Brown (OH) Harkin law was abolished as a political party objection, it is so ordered. Reed Brownback Hatch Reid Bunning Hutchison in early May. Mr. BAUCUS. I ask for the yeas and Risch Burr Inhofe Mr. MCCONNELL. In light of the nays on the joint resolution. Roberts NLD’s boycott of the elections and its Burris Inouye The PRESIDING OFFICER. Is there a Cantwell Isakson Rockefeller consequent dissolution under Burmese sufficient second? Cardin Johanns Sanders law, is it my friend’s understanding There appears to be a sufficient sec- Carper Johnson Schumer Sessions that the NLD may be driven under- ond. Casey Kaufman Chambliss Kerry Shaheen ground as a result of its decision or be The joint resolution was ordered to a Coburn Klobuchar Shelby forced to reconstitute itself in some third reading and was read the third Cochran Kohl Snowe other capacity? time. Collins Kyl Specter Mrs. FEINSTEIN. Yes, it is. The NLD The PRESIDING OFFICER. The joint Conrad Landrieu Stabenow Corker Lautenberg Tester has indicated it will try to continue to resolution having been read the third Cornyn Leahy Thune help the Burmese people in ways other time, the question is, shall it pass? Crapo LeMieux Udall (CO) than as a legally registered political The clerk will call the roll. DeMint Levin Udall (NM) Dodd Lieberman party. The bill clerk called the roll. Vitter Dorgan Lincoln Voinovich Mr. MCCONNELL. Is it the under- Durbin The result was announced—yeas 99, Lugar Warner Ensign McCain standing of the senior Senator from nays 1, as follows: Webb Enzi McCaskill California that the Burmese Freedom Whitehouse [Rollcall Vote No. 216 Leg.] Feingold McConnell and Democracy Act, as amended by the YEAS—99 Feinstein Menendez Wicker Tom Lantos Block Burmese JADE Act, Franken Merkley Wyden Akaka Ensign McConnell makes several references to the ‘‘Na- Alexander Feingold Menendez The resolution (S. Res. 591) was tional League for Democracy’’? Barrasso Feinstein Merkley agreed to. Mrs. FEINSTEIN. Yes, it is. There Baucus Franken Mikulski Bayh Gillibrand Murkowski The preamble was agreed to. are several such references in the legis- Begich Goodwin Murray The resolution, with its preamble, lation as amended. Bennet Graham Nelson (NE) reads as follows: Bennett Grassley Nelson (FL) Mr. MCCONNELL. Is it also the Sen- S. RES. 591 ator’s understanding that references to Bingaman Gregg Pryor Bond Hagan Reed Whereas July 26, 2010, marks the 20th anni- the ‘‘National League for Democracy’’ Boxer Harkin Reid versary of the enactment of the Americans should be interpreted to include any Brown (MA) Hatch Risch with Disabilities Act of 1990; appropriate successor entity to the Brown (OH) Hutchison Roberts Whereas the Americans with Disabilities NLD, be it a nongovernmental organi- Brownback Inhofe Rockefeller Act has been one of the most significant and Bunning Inouye Sanders zation or some other comparable Burr Isakson Schumer effective civil rights laws passed by Con- group? Burris Johanns Sessions gress; Mrs. FEINSTEIN. Yes. It is my view Cantwell Johnson Shaheen Whereas, prior to the passage of the Ameri- the proper statutory construction Cardin Kaufman Shelby cans with Disabilities Act, people with dis- Carper Kerry Snowe abilities faced significantly lower employ- given the term ‘‘National League for Casey Klobuchar Specter ment rates, lower graduation rates, and Democracy’’ would be to include any Chambliss Kohl Stabenow higher rates of poverty than people without appropriate successor entity, group or Coburn Kyl Tester Cochran Landrieu Thune disabilities, and were too often denied the subgroups that the NLD may form in Collins Lautenberg Udall (CO) opportunity to fully participate in society the future. Conrad Leahy Udall (NM) due to intolerance and unfair stereotypes; Mr. MCCONNELL. I thank my friend Corker LeMieux Vitter Whereas the dedicated efforts of disability Cornyn Levin Voinovich rights advocates, including Justin Dart, Jr., for clarifying this matter. It appears Crapo Lieberman Warner that both cosponsors are in full agree- and many others, served to awaken Congress DeMint Lincoln Webb and the American people to the discrimina- Dodd Lugar Whitehouse ment on the proper means of inter- tion and prejudice faced by individuals with preting this term. Dorgan McCain Wicker Durbin McCaskill Wyden disabilities; I yield the floor. Whereas Congress worked in a bipartisan The ACTING PRESIDENT pro tem- NAYS—1 manner to craft legislation making such dis- pore. The Senator from Montana is rec- Enzi crimination illegal; ognized. The joint resolution (H.J. Res. 83) Whereas Congress passed the Americans with Disabilities Act and President George Mr. BAUCUS. Madam President, we was passed. are going to vote momentarily. In the Herbert Walker Bush signed the Act into law meantime, I thank the Senator from f on July 26, 1990; Whereas the purpose of the Americans with California for her steadfast support to 20TH ANNIVERSARY OF ENACT- Disabilities Act is to fulfill the Nation’s the cause of justice and for supporting MENT OF THE AMERICANS WITH goals of equality of opportunity, independent this resolution and taking up the cause DISABILITIES ACT OF 1990 living, economic self-sufficiency, and full of Aung San Suu Kyi. I don’t know of participation for Americans with disabil- anybody else in this body—and Senator The PRESIDING OFFICER. Under ities; MCCONNELL has been forthright in his the previous order, the Senate will re- Whereas the Americans with Disabilities support, but I want people to know how sume consideration of S. Res. 591. The Act prohibits employers from discriminating strongly the Senator from California question is on agreeing to the resolu- against qualified individuals with disabil- ities, requires that State and local govern- has been an advocate for Aung San Suu tion. The yeas and nays have been or- dered on the measure. mental entities accommodate qualified indi- Kyi, and I deeply appreciate it. viduals with disabilities, requires places of I suggest the absence of a quorum. The clerk will call the roll. public accommodation to take reasonable The ACTING PRESIDENT pro tem- The legislative clerk called the roll. steps to make their goods and services acces- pore. The clerk will call the roll. The PRESIDING OFFICER. Are there sible to individuals with disabilities, and re- The bill clerk proceeded to call the any other Senators in the Chamber de- quires that new trains and buses be acces- roll. siring to vote? sible to individuals with disabilities; Mr. BAUCUS. Madam President, I The result was announced—yeas 100, Whereas the Americans with Disabilities ask unanimous consent that the order nays 0, as follows: Act has played an historic role in allowing over 50,000,000 Americans with disabilities to for the quorum call be rescinded. [Rollcall Vote No. 217 Leg.] participate more fully in national life by re- The PRESIDING OFFICER (Mrs. YEAS—100 moving barriers to employment, transpor- HAGAN). Without objection, it is so or- Akaka Barrasso Bayh tation, public services, telecommunications, dered. Alexander Baucus Begich and public accommodations;

VerDate Mar 15 2010 05:01 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.026 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6147 Whereas the Americans with Disabilities individual tax bracket will rise from 35 age of gross domestic product was be- Act has served as a model for disability percent to just under 40 percent. People cause the tax relief we passed in 2001 rights in other countries; in the lowest tax bracket will see a 50- and 2003, which will expire in 160 days Whereas all Americans, not just those with percent increase from 10 percent to 15 unless we act, helped grow the econ- disabilities, benefit from the accommoda- tions that have become commonplace since percent. The marriage penalty will go omy and got about 8 million people on the passage of the Americans with Disabil- up. The child tax credit will be cut in the payroll between 2003 and 2007. ities Act, including curb cuts at street inter- half. Taxes on capital gains and divi- Not an incidental; it generated a lot sections, ramps for access to buildings, and dends will go up as well. Every single more revenue for the Federal Govern- other accommodations that provide access to taxpayer in the country will see their ment. As a matter of fact, it hit his- public transportation, stadiums, tele- taxes go up. toric levels. That is the real record on communications, voting machines, and Last week in the Senate Finance the deficit. For my colleagues who websites; Committee we heard testimony from claim they inherited a bad fiscal situa- Whereas Congress acted with over- several experts about what these huge tion, this is what they inherited: a def- whelming bipartisan support in 2008 to re- store protections for people with disabilities tax increases would mean in terms of icit which had reached one of the his- by passing the ADA Amendments Act of 2008, the economy and to small businesses. toric lows of 1.2 percent. which overturned judicial decisions that had Douglas Holtz-Eakin, former head of The green line here actually shows inappropriately narrowed the scope of the the Congressional Budget Office, re- what has happened since our colleagues Americans with Disabilities Act; minded us that about $1 trillion in on the other side took control of this Whereas, 20 years after the enactment of business income will be reported on in- Chamber and the House of Representa- the Americans with Disabilities Act, chil- dividual tax returns and about half of tives. The deficit shot up from 1.2 per- dren and adults with disabilities continue to that will be subject to the two higher cent to 3.2 percent of GDP in fiscal experience barriers that interfere with their full participation in mainstream American marginal individual tax rates. There year 2008. That was the last year Presi- life; has been a debate—and I guess it will dent Bush was in office. Then went to Whereas, 20 years after the enactment of go on—about the relationship between 8.3 percent in fiscal year 2009. the Americans with Disabilities Act, people the bipartisan 2001 and 2003 tax relief Am I blaming my colleagues for this? with disabilities are twice as likely to live in bills and the deficit. Some on the other I am saying there is more than enough poverty as their fellow citizens and continue side of the aisle like to argue that our blame to go around. But it is also not to experience high rates of unemployment $1 trillion deficits today are the result fair to suggest that previous adminis- and underemployment; of tax relief we offered 10 years ago. trations or one political party contrib- Whereas, 20 years after the enactment of uted to this increasingly dire fiscal cri- the Americans with Disabilities Act and 11 They also like to argue that they bear years after the Supreme Court’s decision in no responsibility for the deficits they sis. Olmstead v. L.C., many people with disabil- ‘‘inherited.’’ We are hearing a lot about The reason the deficit rose after 2007 ities still live in segregated institutional set- that these days, very little taking re- is because of the financial crisis that tings because of a lack of support services sponsibility for what has happened occurred, the meltdown, particularly in that would allow them to live in the commu- today but, rather, preferring to point September of 2008. We know the reces- nity; the finger of blame at others in the sion we have been going through and, Whereas, 20 years after the enactment of past. of course, the emergency measures the Americans with Disabilities Act, new I have a chart which, if Members will that Congress passed on a bipartisan telecommunication, electronic, and informa- basis to try to prevent a systemic eco- tion technologies continue to be developed bear with me, tells an important story. while not being accessible to all Americans; This chart measures the deficit as a nomic collapse in America—and other Whereas, 20 years after the enactment of percentage of our gross domestic prod- countries around the world partici- the Americans with Disabilities Act, many uct which is the entire economy. The pated in as well—these emergency public and private covered entities are still solid lines, the red solid line and the measures were supported by then-Sen- not accessible to people with disabilities; solid green line, represent the histor- ator Obama, then-Senator BIDEN, and and ical record from the OMB. The dotted by dozens of colleagues on the other Whereas the United States has a responsi- line represents CBO projections of the side of the aisle, as well as colleagues bility to welcome back and create opportuni- on this side of the aisle. We thought we ties for the tens of thousands of working-age President’s 2011 budget. The red line veterans of the Armed Forces who have been and a portion of the light green line were acting in a major crisis, and we wounded in action or have received service- also represent the record before the were. My point is, the deficits we have connected injuries while serving in Oper- Obama administration took office, and today were not inherited deficits but, ation Iraqi Freedom and Operation Enduring the solid, dark green line represents rather, because of legislation they Freedom: Now, therefore, be it the record since President Obama be- helped enact. Resolved, That the Senate— came President. Beginning January 20, 2009 this Con- (1) recognizes and honors the 20th anniver- What does this chart tell us? It tells gress and the President delivered much sary of the enactment of the Americans with a very interesting and important story. higher spending. Colleagues will recall Disabilities Act of 1990; (2) salutes all people whose efforts contrib- It is true that deficits went up under the much ballyhooed stimulus package, uted to the enactment of the Americans with the last administration and topped out $862 billion of borrowed money, which Disabilities Act; at 3.5 percent of GDP. Of course, we was supposed to keep unemployment (3) encourages all Americans to celebrate have to remember the dot.com bubble, below 8 percent. Obviously, that failed the advance of freedom and the opening of the recession that occurred about the in its stated goal since unemployment opportunity made possible by the enactment time the last administration took of- has been almost up to double digits, of the Americans with Disabilities Act; and fice and, of course, the horrific events now 9.5 percent. In places such as Ne- (4) pledges to continue to work on a bipar- of 9/11. But then, just as the 2001 and vada, it is 14.2 percent. In Michigan and tisan basis to identify and address the re- maining barriers that undermine the Na- 2003 tax relief provisions started to other States, it is much higher. Obvi- tion’s goals of equality of opportunity, inde- kick in, a strange thing happened to ously, the stimulus did not succeed in pendent living, economic self-sufficiency, the deficit. It went down to $318 billion its stated goal. One thing it did succeed and full participation for Americans with in fiscal year 2005. It went down again in doing is piling on additional debt on disabilities. to $248 billion in fiscal year 2006. And it future generations unless we deal with The PRESIDING OFFICER. The Sen- went down to $161 billion in fiscal year it in a responsible way. ator from Texas. 2007. That is when our deficit went all What happened as a result of the un- f the way down to 1.2 percent of gross do- precedented spending we have seen mestic product, from 3.5 percent to just since the Obama administration came TAX RELIEF 1.2 percent of GDP. into office? We see now that the fiscal Mr. CORNYN. Madam President, in People may have different interpre- year 2009 deficit as a percentage of the 160 days, the American people will ex- tations for why this happened. I be- gross domestic product rose from an perience the single largest tax increase lieve—and I think most economists and initial 8.3 percent to 9.9 percent, from in American history unless Congress objective observers conclude—the rea- 1.2 percent in fiscal year 2007 all the acts. Unless Congress acts, the highest son the deficit went down as a percent- way to 9.9 percent.

VerDate Mar 15 2010 02:32 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.003 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6148 CONGRESSIONAL RECORD — SENATE July 22, 2010 The second important thing to notice deteriorated since that time. That is Reid (for Baucus) amendment No. 4499, in about this green line is that it will based on a pretty optimistic estimate the nature of a substitute. never get back to the level under a Re- on how fast spending will grow in these Reid (for LeMieux) amendment No. 4500 (to publican Congress. The highest deficit two programs, just 1 percent higher amendment No. 4499), to establish the Small Business Lending Fund Program. level under a Republican Congress was than the gross domestic product Reid amendment No. 4501 (to amendment 3.5 percent in 2004. Under President growth, even though these programs No. 4500), to change the enactment date. Obama’s budget, we will never get back have averaged growth of about 2.5 per- Reid amendment No. 4502 (to the language to that level, even though it includes cent more than gross domestic product proposed to be stricken by amendment No. several, what most people would con- over the last 40 years. 4499), to change the enactment date. clude are optimistic assumptions about I do have some good news about our Reid amendment No. 4503 (to amendment future employment and economic fiscal situation. The American people No. 4502), of a perfecting nature. get it. That is why they believe spend- Reid motion to commit the bill to the growth. Even under those rosy sce- Committee on Finance with instructions, narios, it will never get below 4.1 per- ing and debt are two of the most im- Reid amendment No. 4504 (the instructions cent of gross domestic product. Once it portant issues they want the Federal on the motion to commit), relative to a gets there, the deficit continues to rise Government to address. The American study. indefinitely. people also understand intuitively the Reid amendment No. 4505 (to the instruc- Some of my colleagues have said importance of keeping taxes low and tions (amendment No. 4504) of the motion to they want to make this election in No- what this huge tax increase that would commit), of a perfecting nature. vember about a choice. That is fine occur, the largest in American history Reid amendment No. 4506 (to amendment No. 4505), of a perfecting nature. with me. To me, the choice on fiscal unless Congress acts, would do to the discipline comes down to this: Do we fragile economy and to high unemploy- The PRESIDING OFFICER. The Sen- want deficits that are getting lower ment and to slow job creation. ator from Louisiana. such as the red line we see here, drop- According to a CBS News poll last Ms. LANDRIEU. Thank you, Madam ping from 3.5 percent down to 1.2 per- week, when asked whether government President. cent, or do we want deficits to get spending or tax cuts would be better in We are now on a very important bill, higher, such as the dark green line we terms of getting the economy moving, the small business jobs growth bill. It see here, all the way up to 9.9 percent? Americans preferred tax cuts by 53 per- is a bill that actually many of us on The truth is the dark green line is not cent to 37 percent. That is a 16-point both sides of the aisle—from the Small just an inferior choice, it is an deferential. Independents actually fa- Business Committee to the Finance unsustainable choice. vored tax relief by 20 points. Committee, to Members who are not Last month our national debt topped My conclusion is, we need to listen to members of either one of those com- $13 trillion, up $2.3 trillion since Presi- the wisdom of the American people. We mittees—have contributed immensely dent Obama took office. The CBO re- need to stop lecturing them. We need to the building of a bill that we think ported that our public debt will reach to make permanent the tax provisions holds a great deal of promise for small 62 percent of gross domestic product by we passed in 2001 and 2003, not to ad- businesses throughout our country the end of this year and will be 90 per- vantage individuals but to continue that have been beaten and battered. cent of our economy in only 9 years. economic growth, to continue our abil- But amazingly, in many places, these We are on a budget path that will add ity to reduce the deficit, because peo- businesses, despite all the odds, are $9 trillion in additional debt over the ple are working and paying taxes and hanging on and they are looking for next decade. our economy is growing. some help. While some of my colleagues want to The most important message we can That is what this bill attempts to let the tax relief we passed starting 10 send to the small businesses and the do—to build strong partnerships with years ago expire on January 1, we sim- job creators in America, when unem- the private sector, to use the resources ply cannot tax our way to fiscal sol- ployment is at 9.5 percent nationally, that are already out there, most nota- vency. Again, according to the Con- is we are not going to increase their fi- bly, our community banks, our small gressional Budget Office, if spending is nancial burdens in addition to the banks. off the table—in other words, if we health care bill that was passed and There are over 8,000 of them. We have wanted to eliminate the deficit just as other onerous burdens which have ac- not heard a lot about those banks. I see a result of tax increases—we would tually constrained job creation and the Senator from Florida in the Cham- need to raise taxes by 25 percent to cre- create more uncertainty. We are going ber who is going to speak in just a ate a sustainable fiscal path for the to actually encourage job creation by minute. We have not heard a lot about next 25 years. Can Members imagine keeping taxes within reasonable limits community banks on this floor. All we what a 25-percent increase in taxes while at the same time exercising some have heard about are Goldman Sachs, would mean to hard-working American financial restraint by cutting spending Lehman Brothers, AIG. We have heard families, small businesses, what that and dealing with this burgeoning debt about Wall Street and big banks. We would do to job creation, what that and burden on the American people. have not heard about small community would do to the 9.5 percent unemploy- I yield the floor. banks and small businesses—the 27 mil- ment rate we see today? It would make The PRESIDING OFFICER. The Sen- lion of them that are struggling in it worse, not better. ator from Louisiana. America today. Tax increases alone don’t solve the Ms. LANDRIEU. Thank you, Madam This bill finally—finally—has problem of trillions of dollars in un- President. reached the floor of the Senate. The funded liabilities in our entitlement f House has already passed a very strong bill. It has finally reached the floor of programs either. They don’t deal with SMALL BUSINESS LENDING FUND the Senate to give us an opportunity to the fact that Medicare is $38 trillion ACT OF 2010—Resumed short of its promised benefits and now debate what we can do to help small is expected to go insolvent by 2016. So- The PRESIDING OFFICER. If the business and what we can do to cial Security will pay out more in ben- Senator will suspend, the clerk will re- strengthen and support our healthy efits than it receives in payroll taxes port the pending business. community banks in all our States. this year. The legislative clerk read as follows: It is an exciting time. I say to the Yet the CBO has also estimated that A bill (H.R. 5297) to create the Small Busi- Presiding Officer, I thank her as a individual income tax rates would have ness Lending Fund Program to direct the member of the Senate Small Business Secretary of the Treasury to make capital to rise by 70 percent to balance the investments in eligible institutions in order Committee for being a part of this ef- budget while financing the projected to increase the availability of credit for fort. Again, the Small Business Com- spending growth in Medicare and Med- small businesses, to amend the Internal Rev- mittee, in a bipartisan way, and the Fi- icaid. That is assuming no other tax in- enue Code of 1986 to provide tax incentives nance Committee, in a bipartisan way, creases or spending reductions in the for small business job creation, and for other have contributed to this legislation, budget. That is based on our budget purposes. and we are moving to the final hours of outlook for 2007, which has obviously Pending: this debate now.

VerDate Mar 15 2010 02:32 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.030 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6149 AMENDMENT NO. 4500 able rates—not credit card rates at 24 So our small businesses, the creators The Senator from Florida, Mr. percent, 16 percent, not payday lender of jobs, the folks who, as Senator LEMIEUX, and I are offering an amend- rates that are at 30 percent, sometimes LANDRIEU said, create 65 percent of the ment which is pending before the Sen- 50 percent but at reasonable rates— jobs nationwide—I bet you that num- ate now. It is a very important amend- with reasonable terms so they can cre- ber is much higher in Florida—need ment to the underlying bill. The pend- ate jobs. help. This bill is going to help those ing amendment is the LeMieux- That is why the Senator from Florida small businesses. It is not going to cure Landrieu amendment. It has many and I are on the floor. I would like to the problem overnight. Let’s be real- other cosponsors whom I will submit yield the next 10 or 15 minutes to the istic. But it is going to help. for the record in a moment. But this Senator from Florida, Mr. LEMIEUX, The base bill does a lot of good things amendment that is pending now is a the cosponsor of this amendment. for small businesses. There are a lot of small business lending fund amend- The PRESIDING OFFICER. The Sen- tax cuts in this bill. It is going to ex- ment that actually makes $1.1 billion ator from Florida. clude small business capital gains by for the Treasury. It earns that much Mr. LEMIEUX. Mr. President, I wish 100 percent. The bill will temporarily over 10 years. It does not cost the to thank my colleague from Louisiana, increase further the amount of the ex- Treasury anything. It earns $1.1 bil- Senator LANDRIEU, the chair of the clusion from the sale of qualifying lion. It uses the power of the private Small Business Committee, who has small business stock. It is going to help sector. It uses the power of our commu- been a great leader on this topic. It has something on carryback interest. It nity banks that are on Main Streets— been my pleasure to work with her on means a lot to small businesses. It will whether it is in Tallulah, LA, Lake this measure to try to help our strug- extend the 1-year carryback for general Charles, LA, or right down Canal gling small businesses. business credits to 5 years for certain Street in New Orleans or some of the I think Florida, maybe more than small businesses. This alternative min- main streets in Florida and other any other State, relies and depends imum tax hurts our small businesses. States. upon its small businesses. We are the This bill will allow certain small busi- It uses the power of those banks— fourth largest State in the country, but nesses to use all types of general busi- their knowledge of the small businesses we are a State that grew so fast, so ness credits to pay less taxes. When in their communities—and it leverages quickly, that even though we have 18.5 they purchase equipment, it is going to that powerful relationship to help end million people, we do not have a lot of allow them to accelerate that deprecia- this recession. But we have to be about big businesses. tion. When small businesses get to job creation, and the people who are The businesses in Florida—nearly 2 keep more of their money, they get to going to create the jobs are small busi- million of them—are small. Not one keep more of their employees, and they nesses. Fortune 100 company is headquartered get to hire new ones. That is just in the (Mr. BURRIS assumed the chair.) in Florida. Now we are trying to get base bill. Ms. LANDRIEU. As I turn the floor there—we have a couple that are on the This amendment Senator LANDRIEU over to the Senator from Florida to cusp—and we will. But Florida had this and I and others are working on is speak about our small business lending meteoric rise in population over the going to put money into our local com- amendment, let me say, again—I could past 20 or 30 years. It was built on con- munity banks that will be lent to small not say it any more clearly—small struction and growth and tourism and businesses. There has been a lot of con- firms—and this chart is from 1993 to all the reasons why people want to fusion about the bill, and some of my 2009—small firms in America, those be- come to our beautiful State. friends and colleagues on my side of tween 1 employee and 499 employees, But the jobs that have been created the aisle do not like it. I hope they are created 65 percent of the jobs. Only 35 over the years are from small firms. going to come around. There is a con- percent of the jobs were created by They are the restaurant, the local cern that this is going to be similar to large firms. These numbers on this diner, the beach shop, the tailor, the what happened in the TARP bill. But chart pertain to the last decade. laundromat, the auto mechanic. These these two bills are very different, and I say to the Presiding Officer, you are the businesses that are creating the this amendment is very different. Let used to be a banker in Illinois. You jobs in Florida. Many of them are cen- me explain why. have a great deal of expertise here, and tered around the service economy. TARP went to the big banks that I think your own experience would tell We are doing a lot to diversify our were failing at the end of 2008, a lot of you if we updated this chart—which we economy. But the truth of it is, they which were selling mortgage-backed do not have the figures to do—I think are the mainstream of Florida’s econ- securities and other exotic investments this 65 percent would be increased sub- omy, and they are struggling. This is they should not have been selling, and stantially because the people out there the worst recession in anyone’s mem- they put their assets at risk and, there- creating jobs are small businesses. ory in Florida, even worse than the re- fore, put the American economy at We have seen news article after news cession we had in the 1970s. risk. article, just in the last couple weeks— Our unemployment rate peaked over This has nothing to do with that. the front page of the Washington Post, 12 percent. It is still at 11.5 percent. These are small banks. This is the the front page of the New York While this sounds strange, 11.5 percent banker you know down the street, the Times—headlines: Big Firms Hoarding may not be better than 12 percent in banker who is at your rotary or at your Cash; headlines: Big Banks Hoarding this circumstance because what hap- Kiwanis, whom you see at church or Cash. I guess so. They have gotten a lot pens on unemployment rolls is that synagogue. This is not some Goldman of cash from this Congress. But it is after a certain amount of time, people Sachs banker. This is your local com- the small businesses out there that are drop off and are no longer even looking munity banker who loans to the laun- struggling to get capital to create jobs, for work. The truth of it is, if you are dromat, the tailor, the construction and it is the small, healthy community walking down the street in Florida and business—the folks who employ people banks that are out there battling with you see another adult walking down in your hometown. them to create jobs to revitalize their the street who is not retired, there is a This program is optional. No bank communities and increase demand. one in five chance that person is unem- has to take it. If they are a small bank, So let’s keep our eyes on this chart, ployed or underemployed. though, if they have assets under $10 and let’s keep our minds focused on one Times are tough. There are some billion, they will get an ability to get clear fact: Small business in America signs of life. Some things are getting some more money they can lend out to is the most powerful job-creation en- better. But for Floridians, this is the small businesses that create jobs. gine, and right now we have to put a most difficult economy we have ever That is not a partisan issue. We all little fuel in that tank. That fuel is experienced. We have the second high- should support that. The money that capital to healthy community banks est mortgage foreclosure rate. I read comes back in is going to be repaid, that can then leverage the power of recently that our folks are No. 1 in the and not only are we not going to in- those healthy community banks to get country in being behind in their mort- crease the deficit or the debt, as my money to small businesses at reason- gage payments. colleague from Louisiana just said, the

VerDate Mar 15 2010 02:32 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.032 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6150 CONGRESSIONAL RECORD — SENATE July 22, 2010 Federal Government will actually ment of Commerce—can give them to He spoke about—and he is right—one make money. That is not something we open the doors of trade and allow them of the arguments we have heard which hear a lot about in Washington. to sell their products overseas. we can’t seem to understand. If there is So it is not going to increase the def- So what Senator KLOBUCHAR and I somebody who can explain this, they icit. It is not going to increase the are doing with this amendment, with should come to the floor and help us. debt. It is not going to increase taxes. export promotion—and she has done a We keep hearing: This is like TARP. So It is going to lend money to local tremendous job on this issue—is put- I wish to take just 1 minute to explain banks, to loan that money to small ting more resources into the Depart- the differences in as simple a way as I businesses, to help them in this dif- ment of Commerce to go back to 2004 can. ficult time. levels—because we have had to make a TARP stands for Troubled Asset Re- When I drive down the streets of lot of cuts there—in order to provide lief Program. It was $700 billion. It was Florida—whether it is in Orlando, more folks who can then go out and a program that George Bush fashioned Tampa, Pensacola, Jacksonville, Fort show businesses how they can sell their initially and was continued through Lauderdale, Naples, all across the wares, to create more sales, so they this administration to give money to State—we have a lot of strip shopping can grow their business and hire more big banks that were getting ready to centers. It is the way Florida was built. people. fail. I wish to say that again: $700 bil- It is nice. You get to park in front, go That is good for everybody’s econ- lion, fashioned first by the Bush ad- in, buy your goods or services, and go omy. I am not a big believer in govern- ministration, available to big banks home. But you can see them from the ment spending, but when we are spend- that were failing and that many people roads. When I drive down these main ing to help businesses pursue their eco- were opposed to. This program is not thoroughfares and I look over, what I nomic and entrepreneurial opportuni- $700 billion, it is $30 billion. It is not see are empty buildings—empty build- ties, that is good for America. In fact, going to big banks on Wall Street; it is ings—because our small businesses when the Department of Commerce going to small banks on Main Street. have gone under because they no spends $1 million on export promotion, The TARP money went to banks that longer can pay their rent, because they their estimated return is $57 million— were failing. This is going to healthy no longer have the customers they used a 57-to-1 economic return. So that is banks that are trying their best to to have, and because they no longer just another very good part of this bill. lend; that want to help their commu- can get lending from their bank. I hope we have an opportunity to nities to revitalize. So if anyone thinks What is particularly of interest to vote on this bill. We may even have an this is like TARP, please come talk to Floridians about this bill—I am sure opportunity to vote on this bill and me because I could explain how it is this is true in other States, such as this amendment today. Our leadership not anything like TARP. California and Arizona and Nevada, is working on some other amendments. I can show my colleagues many let- other States that had this big real es- I hope those opportunities will be pro- ters and many documents, starting tate-based economy that boomed in the vided. with one, and then I will turn it over to past years—what happens to your local This is a bill we all should agree the Senator from Minnesota. One of businesses is that a lot of times the upon. It is a bill that should have 70, 80, the main reasons it is not like TARP is loans they are getting now are tied to or more votes in this Chamber, and we because there were a lot of bankers real estate they own. They may own a should get it done because it would be who were opposed to TARP. They small parcel in a small building where good for the small businesses, the job didn’t like the government intrusion. they operate their business. They have creators of our country, in their time They didn’t like the rules and regula- a mortgage against that property. of need. tions. One could argue it was nec- They are paying their payments, but I wish to thank my colleague from essary, but many bankers weren’t for the asset, the real estate, has fallen in Louisiana who has been a great leader it. value tremendously. So now, when the on this issue. I wish to thank her for regulators come in and look at the working with me in order to lend my This letter I am holding—and I will bank’s books to make sure the banks efforts to this bill to help to improve it have it blown up—is from the Inde- are operating OK, they say: Wait a in ways that I thought would be impor- pendent Community Bankers of Amer- minute. The mortgage that Joe’s busi- tant for this country and for my home ica. They represent 5,000 independent ness has is technically in default be- State of Florida. I also wish to recog- banks—5,000. I am just going to read the first paragraph of this letter that cause the asset their loan is against nize my colleague, Senator KLOBUCHAR, has fallen in value by 50 percent. I have who is here. She has done such great they sent to HARRY REID and MITCH business owners coming to me all the work on the export portion of this bill. MCCONNELL. This is a letter they sent time telling me their banks are putting With that, I will turn back my time to Leader REID and to MITCH MCCON- them in technical default because of to my colleague from Louisiana. NELL, minority leader of the Senate. It the depreciation of the asset which is The PRESIDING OFFICER. The Sen- reads: being held against the loan, which is ator from Louisiana. On behalf of the nearly 5,000 members of their real estate. Ms. LANDRIEU. Mr. President, I the Independent Community Bankers, I So this is an extreme and an enor- thank my colleague from Florida for write to urge you to retain the Small Busi- mous problem in Florida. This bill will his excellent explanation using real ness Lending Fund in the Small Business Jobs Act. The SBLF is the core component put more money in the small banks to stories and terrific visuals because he of this legislation and the provision that help lend to businesses to help them just painted a picture for us about holds the most promise for small business bridge the gap until this economy re- what those empty shopping centers creation in the near term. Failure to even covers. look like. We have seen those in our consider the SBLF in the Senate would be a I also wish to speak a little bit about own States as well. He is absolutely missed opportunity that our struggling econ- another amendment to this bill I have correct. If we don’t do anything, the omy cannot afford. been working on with Senator problem is, they are going to stay Let me go on because this is impor- KLOBUCHAR that talks about export empty. We just can’t wish it to change. tant: promotion—another issue that is not We have to act in a way that will help The Nation’s nearly 8,000 community partisan. We all want more exports. it change. That is what this bill is banks are prolific small business lenders Exports in Florida are a big deal. They about. with community contact, underwriting ex- are a huge part of our economy, being Again, this is not a big government pertise. The SBLF is a bold, fresh approach the gateway to Latin America. We sell solution. This is a potential solution that would provide another option for com- our goods overseas. But small busi- that holds a lot of promise based on munity banks to leverage capital and expand nesses, and even medium-sized busi- strengthening relationships that al- credit to small business. nesses, whether they are in Illinois or ready exist that are basically in the I can’t understand one reason to not Louisiana or any other place in this private sector. That is what this effort support this. This is the core of this country, often don’t know the services is. It is exactly as the Senator from bill. The bill will be somewhat empty the Federal Government—the Depart- Florida outlined. without it. This is the core of the bill.

VerDate Mar 15 2010 02:32 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.033 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6151 So we are going to put this on this cause my State is now seventh in the came together to introduce a bill to bill, and we are going to urge our col- country for Fortune 500 companies. We focus on exports for small- and me- leagues to then understand that the are 21st in population, but we have a dium-sized businesses. bill will then be whole and we can all strong and thriving business commu- Do my colleagues know that 30 per- join together and vote for this very im- nity that believes in exports and be- cent of small- and medium-sized busi- portant bill and this very important lieves in innovation. We brought the nesses would like to export more, but amendment. world everything from the Post It note they simply don’t know how to do it? I am going to specifically answer the to the pacemaker. While all of these Well, this amendment helps to fill the arguments raised by the minority lead- things did not start at the big compa- gap and assist U.S. businesses that are er on the floor in his very brief com- nies, these big companies started in ga- looking to export their products but do ments this morning. He made four ar- rages—companies such as Medtronic, in not have the resources or the know- guments, and I will try to address each Two Harbors, MN, or little sandpaper how to find new international cus- and every one in just a moment. Before companies such as 3M. They all started tomers. I do, I will ask the Senator from Min- small. Sixty-five percent of the jobs in The program focuses on locating and nesota, who is a cosponsor of this lend- this country are due to small business. targeting new markets, the mechanics ing provision and an actual designer Yet these small businesses, which now of exporting, including shipping, docu- and creator of one of the key compo- see this world of opportunity out there mentation, and financing, and the cre- nents of it—because Minnesota, like for them—95 percent of the jobs in ation of business plans. This amend- Louisiana—we may be in different America—95 percent of the customers ment is projected to create 43,000 jobs. parts of the country, but our businesses for America, for American businesses, It would do this by making sure this depend on exports. Whether you are at are outside of our borders. U.S. and Foreign Commercial Service, the head of the Mississippi River or the Unlike 3M or Medtronic, great Min- which assists small- and medium-sized foot of the Mississippi River, which we nesota companies—or Best Buy—that businesses, is able to carry out its mis- both represent in this Nation, and we can have people working internally on sion to work with these businesses by often talk to each other about how nar- these issues to identify markets, a lit- having adequate staff. row it is up in Minnesota and how wide tle company in Benson, MN, isn’t going Secondly, it expands the rural export and wonderful it is in both places, both to be able to have a full-time person initiative, which helps rural businesses north and south. But it really does con- looking at where they can sell their develop international opportunities. As nect us because it is all about exports products. They still have managed to noted by my Republican colleague, and trade. do it, and a lot of them have been able Senator LEMIEUX, the numbers are So I wish to recognize my friend, the to do it by working directly with the clear. Every dollar invested in this pro- Senator from Minnesota, who will talk Commerce Department. These are not gram creates $213 in rural exports. about the export provision of this little companies that necessarily are This part of the small business amendment and why it so crucial. big government guys. These are people amendment that Senator LANDRIEU is The PRESIDING OFFICER. The Sen- who are conservative businessmen or putting together allows the Depart- ator from Minnesota. businesswomen who went out there and ment of Commerce to identify known Ms. KLOBUCHAR. Mr. President, I said: Well, how am I going to figure out exporters that have a capacity to grow wish to first commend Senator where I can sell my product around the their international sales. A business LANDRIEU for her great leadership. It is world when I don’t speak the lan- that has already been exporting to true we share this river, and when you guages. I don’t have a trade person. Canada or Mexico something like 50 or My favorite example is a company see all the barges go down the river 60 percent of its business only exports called Matt Trucks in northern Min- every day, you see the trade and the to those countries—it allows them to nesota, population 900, the moose cap- export firsthand that we are talking look for other countries. It provides ital of our State. matching grants to industry associa- about. I am focused on the export end, A little second grader named Matt tions and nonprofit institutions to un- but I wish to give my support to the was in school and he came home to his lending part of this. It is so important, dad and he drew a picture of a truck. derwrite a portion of the startup costs and Senator LANDRIEU, as head of the The truck had wheels and he put a for new export promotion projects. This is real jobs. We all know that we Small Business Committee, has worked bunch of tracks on each of the wheels helped our country from going off the on it incredibly hard. of the truck. His dad said: Matt, that is When we discussed this idea last year really cute. But as you have seen on financial cliff. We did that with the of small business lending, I went TV, the tracks go between the wheels. stimulus package and by building new around to a number of my small busi- This little kid said: No, Dad. This roads and bridges. The way out of this nesses and I heard time and time again would be a lot better because you can economic slump will be with private how much this would be helpful for put the tracks on the wheels and take business expanding and with jobs. The them. I think it is summed up by a let- them out and use it as a regular truck. way you do it is look across the bor- ter I got from Bertha, MN. My col- His dad is a mechanic. He went into ders and see where you can sell your leagues may not have heard of it. It is the shop and created this truck and goods. They have been selling goods to not exactly a metropolis. This letter is these tracks. Then he started a com- us, right? I want the United States to from a guy named Harry Wahlquist of pany that he called MATTRACKS, be a country again that makes goods Star Bank in Bertha, MN. This is what after his second grader. They have and sends our goods to other countries. he wrote just a few weeks ago. He said: about five employees. They are chug- That is what this piece of the bill is I am a banker and need capital to continue ging along. about. serving my nine Minnesota towns. Please One day the dad went to Fargo, ND, I am grateful to Senator LANDRIEU pass the small business lending bill now. You which is the region of the Commerce and for the leadership she included in gave money to Wall Street. How about Main Department that serves part of Min- this package. I thank Senator LEMIEUX Street in Minnesota? nesota, and he talked to a woman for his leadership on this amendment. I I think it has been said that Wall named Heather. She is with the Fed- hope we pass this bill. It is incredibly Street might have caught a cold, but eral Government. He went to her for important. Main Street got pneumonia. There are help. She looked on her computer and I now turn to my other colleague, still many issues out there, and a lot of identified some markets and called the who has chosen to wear bright pink it could be helped to create private sec- embassies where he could sell this today, the Senator from Louisiana. tor jobs by simply allowing credit out truck. Now, due to exports, due to the I yield the floor. there and more loans. fact that they are exporting to dozens Ms. LANDRIEU. Mr. President, I The other piece of this which Senator of countries, from Kazakhstan to thank my colleague for the beautiful LANDRIEU and my other great colleague Carlton, MN, they have 55 employees, stories she shared from her State. It from the Commerce Committee, Sen- all because of exports. makes this all so real. It is. It seems as ator LEMIEUX, mentioned was exports. We have seen this all over our State. if sometimes it is not when we debate I became very interested in this be- That is why Senator LEMIEUX and I these bills on the floor. But it is so

VerDate Mar 15 2010 02:32 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.034 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6152 CONGRESSIONAL RECORD — SENATE July 22, 2010 real—the outcome of what we do on the most more than any other region of the mon democratic values, religious affin- ground in the States that we represent, country because of it. Now because we ity, and perhaps most importantly na- and in these small towns. I will remem- have constrictions on drilling—which I tional security interests. We are both ber Matt’s story. I am going to share don’t agree with but which are in nations that face threats posed by rad- the speeches that I give around my place—we are finding employment ical Islam. State, and how incredible it is that a harder to come by and businesses While we have been able to take the young child would present an idea to a struggling even more. So our Louisiana fight to the enemy, as we fight al- father and the father is smart enough bankers know this. They have sent let- Qaida and Taliban refinements in Af- to recognize what a good idea it was ters to myself and to the junior Sen- ghanistan and Iraq, Israel has not been and took it and built a business, and ator from Louisiana, Senator VITTER, so fortunate. They face an existential through a great strategic partnership asking us to please be supportive of threat. This threat to their existence is with the father, a private business community banks, saying you have not just Hamas and Hezbollah, who at- owner, and a very willing Federal em- done a lot to help the big banks and tack Israel with suicide bombs and ployee, found a program that works to Wall Street, so please help us. That is rocket attacks, but also from radical build his business, now with up to 55 what this amendment is about. nations such as Iran and their allies. employees. I am going to yield the floor for a few When one nation says to another, That happens all over the country. It moments. I will come back within the ‘‘We are going to wipe you off the happens in Louisiana. Speaking about next 30 minutes or so and continue this map,’’ we need to take that threat seri- Louisiana, I will read what our bankers debate this afternoon. We are on the ously. This is especially true when that at home—the bankers in my State—say small business bill. The pending nation says it over and over again, as about this program. I read the letter to amendment is the LeMieux-Landrieu- Iran has. As an ally, Israel should be MITCH MCCONNELL and to HARRY REID, Nelson from Florida-Merkley-Boxer- able to count on us for support. This delivered by the 5,000 community Cantwell-Murray-Whitehouse, and support is not limited to financial and banks in the Nation that are strongly other Members are joining us as co- military support but also diplomatic supportive of this small business lend- sponsors of this amendment. Senator and moral support. So when Iran says ing fund—community banks that know BURRIS from Illinois is also joining us they are going to wipe Israel off the these businesses. They are standing on this amendment. map, the United States needs to stand there watching them and, in many in- We are picking up support as organi- up and say, ‘‘No, you will not.’’ We can- stances, suffering and not able to give zations express themselves today to not send mixed messages. That is why them the support they need because of Senators, saying how important this what happened at the 2010 Non- the credit constraints that were so small business lending fund is. It could proliferation Treaty Review Con- beautifully expressed by Senator leverage $30 billion. It will earn a bil- ference worries me so much. For when LEMIEUX, as falling real estate values lion dollars for the taxpayers, which is we fail to stand up for our allies on the have put the original capital that was an attractive characteristic. It doesn’t smaller issues, they begin to question their collateral in the bank in some cost anything and it actually makes our resolve when it comes to the large jeopardy, or it has to be scored in a dif- money, as any smart banker and busi- issues, such as their existence. ferent way. This bill will help. That is ness wants to do. It doesn’t cost Under the Nonproliferation Treaty, why bankers all over the country are money—well, it costs a little on the there is a conference every five years supporting it. front end but makes it back on the to seek ways to strengthen the treaty Let me say what my bankers, who back end. It is supported by a growing and advance the goals of nuclear non- are normally a more conservative number of Senators, we hope, on both proliferation. At this conference, Sec- group—they don’t agree on everything sides of the aisle. retary Clinton opened by stating that: this Congress has done, either when As we continue this debate today, I Iran will do whatever it can to divert at- Republicans or Democrats are in look forward to answering some of the tention away from its own record and at- charge; they tend to be more conserv- concerns raised and will try to put tempt to evade accountability. . . . But Iran ative. They don’t like big government those to rest so we can have a very will not succeed in its efforts to divert and and a lot of regulation and intrusion. strong vote on this amendment on the divide. This is what they have said on behalf underlying bill. Additionally, a White House official of their small businesses: I yield the floor and suggest the ab- was quoted in the Washington Post at On behalf of the members of Louisiana sence of a quorum. the beginning of the conference sum- bankers, I am writing to express our support The PRESIDING OFFICER. The marizing: ‘‘This meeting is all about for the small business lending fund. Treasury clerk will call the roll. Iran.’’ would invest in community banks from this The assistant legislative clerk pro- Based on these comments, one would program that would be separate and apart ceeded to call the roll. expect to see some reference to the fact from the Troubled Asset Relief Program. Mr. ENSIGN. Mr. President, I ask that Iran and Syria are both flagrantly This legislation would serve as another vol- unanimous consent that the order for violating their treaty obligations. One untary tool for community banks to meet the quorum call be rescinded. would expect to hear that Iran has the needs of small business. Meeting the needs of these borrowers has been more dif- The PRESIDING OFFICER. Without threatened the existence of another ficult as regulators pressure many banks to objection, it is so ordered. sovereign nation. One would expect to increase their capital-to-asset ratios. Mr. ENSIGN. Mr. President, I ask hear how Israel was forced to destroy a Given the severity of the downturn, it is unanimous consent to speak as in North Korean nuclear facility located difficult, if not impossible, for community morning business. in its backyard. We did not see any- banks to find new sources of capital. Thus, The PRESIDING OFFICER. Without thing of this sort in the final docu- the only option for many banks is to shrink, objection, it is so ordered. ment. What we did see instead was the which can mean making fewer loans. This ISRAEL lending provision would allow banks to avoid name ‘‘Israel’’ appearing. I am a little that result, continue to meet the needs of Mr. ENSIGN. Mr. President, I rise bit confused. Why would we agree to a their communities. With an improving econ- today to address a relationship be- document that does not mention Iran omy and public investment, such as those tween the United States and our ally or Syria but does single out our strong- proposed, lending can increase faster in some Israel. I was glad to see that President est ally in the region? This is even of the hardest-hit areas of our country. Obama took some time over the July more puzzling considering this is a con- The Louisiana bankers would know Fourth recess to sit down with Israeli sensus document. That means that we, about this, because we are in one of the Prime Minister Netanyahu and discuss as a nation, had to sign off on it. Essen- hardest hit areas. Not only is the reces- the rocky path which U.S. and Israeli tially, we threw one of our closest al- sion affecting us like everybody else, relations have taken over the past 2 lies under the bus, in exchange for but if we haven’t noticed lately, there years. what? I do not believe there is a good is a lot of oil out in the gulf because of Israel is, by far, our strongest ally in answer to this question. What type of a tragic, unprecedented accident. The the region. This close relationship and message does this send not only to Gulf Coast community is struggling al- friendship is built on a bedrock of com- Israel but to our other allies? It says:

VerDate Mar 15 2010 02:32 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.036 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6153 We will not hesitate to throw you over- business over the course of the next 6 community banks that are on Main board in exchange for a political tic months to a year. You will pay no cap- Street to keep all of our small busi- mark that gets us nothing. ital gains if you hold that investment nesses open and operating and growing In closing, I believe that based on for 5 years; you will pay zero capital so we can get out of this recession. what Secretary Clinton was hoping to gains because that is one of the stra- I hope the arguments that this is achieve and what we actually did tegic targeted tax cuts in this bill. In TARP-lite or TARP, Jr., will go away achieve—the alienation of an ally—this addition, there is accelerated deprecia- because the facts are so completely dif- conference has to be considered an tion for small businesses—not for big ferent from one program to the other. utter failure. businesses but for small businesses—so This is a strong strategic partnership Some over at Foggy Bottom, at the small businesses in America, defined as that could have been defined as a bail- White House, and in Congress need to those businesses with under 500 em- out. It was a bailout. Some of us think realize how important our relationship ployees, can write off some of the in- it was necessary, some think it was un- with Israel is and start taking steps to vestments they are making to try to necessary, but it was a bailout. This is strengthen that relationship instead of grow their businesses in these difficult not a bailout. This is only going to taking steps to weaken it, as we did at times. We want to help them do that. healthy banks that, because of the fall- the recent Nonproliferation Con- So one important part of this bill is $12 ing value of collateral they are holding ference. billion in tax cuts to small businesses. behind some of those loans because the Mr. President, I yield the floor and This is a very important component. regulators are looking at it a bit more, suggest the absence of a quorum. The other important component giving more scrutiny to banks every- The PRESIDING OFFICER. The came out of the Small Business Com- where—some of that is good and some clerk will call the roll. mittee with a bipartisan vote. It is a little bit heavyhanded, but none- The bill clerk proceeded to call the strengthens the core programs within theless it is happening—banks are hav- roll. the Small Business Administration. It ing a hard time generating the capital Ms. LANDRIEU. Mr. President, I ask strengthens the 7(a) Program. It to have those ratios correct when the unanimous consent that the order for strengthens the 504 Program. These are regulators come in, and so they are the quorum call be rescinded. programs that allow lending to small cutting back on lending. The PRESIDING OFFICER. Without businesses for commercial real estate. If we want banks to lend to small objection, it is so ordered. They allow lending for the capital businesses, we need to help them, and Ms. LANDRIEU. Mr. President, I ask needs of those businesses—for busi- they want us to help them. They are unanimous consent to speak for the nesses to purchase inventory, to pur- for this. The independent bankers have next 10 minutes. chase other goods and services nec- sent us letters. The community bank- The PRESIDING OFFICER. Without essary to operate their business. ers have sent us letters, as well as the objection, it is so ordered. These are longstanding programs American Bankers Association. That is Ms. LANDRIEU. Mr. President, I that are very well supported on both unlike TARP, where there were many know Members are busy around the sides of the aisle and that we find have banks, even some that received money, Senate today on various committees worked so well we want to double the that didn’t like the program. They and special caucus lunches, talking limits, we want to eliminate the fees, didn’t like it because there were lots of about many aspects of not just this bill and we want to increase the guarantee strings attached. They didn’t like it be- but other things that are pending. I from 75 percent to 90 percent. When we cause they thought it would ‘‘ruin thought I would come to the floor did this under the stimulus program a their reputations.’’ They didn’t like it while we had this time to make a few year ago on an emergency basis, we because they didn’t want to have to go general remarks about the small busi- saw the number of loans go up dramati- through stress tests. I understand that. ness bill and also specifically about the cally. That time came to an end, and so I think the program has worked pretty Small Business Lending Fund which is in this bill we are reinstating that very well, but that was that program. That the amendment that is pending. successful program that works. Sen- was 2 years ago. This is now. It is a dif- The Small Business Lending Fund ator SNOWE, the ranking member, and I ferent initiative. It is not even really a amendment is a bipartisan amendment are very supportive of that provision, government program; it is a private by Senator LEMIEUX of Florida and and that is in the bill. sector partnership between the Federal myself. It is also sponsored by the sen- There are three main pieces. I have Government and taxpayers and their ior Senator from Florida, Mr. NELSON, talked about two. The third piece is community banks that they know and Senator MERKLEY from Oregon, Sen- what this amendment represents. The they trust. They see these bankers at ator BOXER from California, Senator third piece, according to the National the Rotary Clubs and Kiwanis clubs. CANTWELL, Senator MURRAY, Senator Bankers Association, is really the core They see them in church, they see WHITEHOUSE, Senator BURRIS from Illi- of the bill. That is according to the them in the synagogues, they see them nois. We added Senator HAGAN just a community banks, not the big banks on Main Street. These are the bankers few minutes ago as a cosponsor, and we on Wall Street but the community who know their businesses and want to are getting calls regularly, throughout banks on Main Street. They have writ- lend to their businesses. They know the day, from Senators who want to be ten letters to all of us—to the majority the businesses that have the potential a sponsor of this amendment. We be- leader, to the minority leader—saying: to grow and those that potentially lieve we have great support on the Please support the Small Business might not be able to grow. They know floor of the Senate, and that support is Lending Fund. It is not like TARP, it the businesses that have readjusted for growing as this debate goes forward is completely different, they say, and this economy, this tough economy. We and as more people begin to understand they are right. can trust our community bankers. that this Small Business Lending Fund As I said earlier this morning, a little I am the chair of the Small Business is really the core of the small business bit of opposition we are hearing even Committee. I have had the most ex- bill. from the minority leader, MITCH traordinary opportunity as chair of There are three pieces of the small MCCONNELL, indicated that one of the this committee—on which you serve, I business bill. One piece that came out reasons that maybe some of the Repub- say to the Presiding Officer—to listen of the Finance Committee on a very licans might not be for this is because to small business owner after small strong bipartisan vote, I understand, this is like TARP. The TARP was a business owner pleading, saying to me was a $12 billion targeted tax cut for $700 billion bailout to big banks. This things like: Senator, I never missed a small businesses in America. There is a $30 billion partnership with payment. Senator, I always sent in my should be listed, I hope on my Web site healthy community banks. TARP was money, and they cut my line of credit. and other Web sites of the Finance a $700 billion bailout for failing, Senator, we are desperate out here. We Committee, a list of all those tax cuts. unhealthy big banks on Wall Street. do not have access to credit. Please One or two I am very familiar with The small business lending program is help us. would be a real advantage to anyone in $30 billion—much smaller, strategic One argument I have heard some oth- America who wants to invest in a small private sector partnership with small ers make is based on a study that came

VerDate Mar 15 2010 02:32 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.037 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6154 CONGRESSIONAL RECORD — SENATE July 22, 2010 out from the National Federation of Bair, saying, this small business lend- we could borrow money from our Independent Business, the NFIB. I am ing program is what the State of Wash- banks, we could grow, even according going to try to get that study in just a ington needs. We are full, she says, of to this study. minute because I want to respond to small businesses that are knocking on We are very proud of this lending that. The NFIB study is quoted some- our doors at the State capital that can- provision in this bill. I think the whole times in this debate. Here it is here, not get credit. We must open the op- bill is very good. Maybe there are some the ‘‘Small Business Credit in Deep Re- portunities for them. other amendments that need to be in- cession’’ study. It is waved around on If we want our States’ economies to cluded, that could come from Finance the floor by some people who are not grow, which we do, whether it is Wash- or that might come from someone else. sure how they might vote on this ington or California, I say to my good But the core of the bill, the $12 billion amendment because they have heard friend from Arizona, or from Ten- in tax cuts for small business, the things. They are not sure, but they say: nessee, or from Massachusetts, the way strengthening of the small business According to the NFIB, the National they are going to grow is through lending programs and contracting pro- Federation of Independent Business, 40 small business. grams and surety bond programs, percent of the banks say credit is not a Look at this. From 1993 to 2009, in which many of our Members have problem. And there is some data here the last 16 years—I think these num- worked on, and this lending piece is ab- that is going to show that 40 percent of bers would be updated and it would solutely crucial. It is one of the best the banks say they were able to get all even show more—65 percent of all new things that we could do as a Congress the loans they needed; 10 percent said jobs in America are created by small to help small businesses find their foot- they could get almost all the loans business. When we have letters such as ing, to help them get more certainty they needed. But the rest of the study this from Governors who say their about the future. is what is important. It is about 60 per- small businesses cannot get credit, They are the ones that are going to cent who say they could not get it, what are we going to do? Sit here and take the risk. We have seen the head- from the National Federation of Inde- do nothing? I do not think so. I think lines in the last couple of days. If you are reading the Washington Post, if pendent Business. Their own study we should act. you are reading the New York Times, if showed that 60 percent of their busi- One of the best ideas that has come you are reading your hometown news- nesses said they could not get the col- forward from Republicans and Demo- paper, what do those headlines say? I lateral from the banks that they so crats that has been scrutinized and will tell you what they say: Big busi- desperately need. looked at and torn apart and put back I know there is this little argument together is a $30 billion small business ness hoarding cash. Big banks sitting out there that there are no good busi- lending fund that will not create a new on $1.6 trillion in profits. They are sit- ting on it. They are holding it. They nesses to lend to. government program. This is not lend- are not lending it. We all know that is not true. There ing by the government, this is lending Do you know who is lending? Do you are businesses in all of our districts. by the private sector. know who is still lending, or they are We are hearing from them. They can- This is not lending by big banks, who trying to lend? The community banks not get credit because of new regula- do not lend—by the way, we have seen of America. They are desperately try- tions, because of tightening capital ra- the bank lending, big bank lending to ing to lend. And what are we doing? tios. This is a partnership with banks small business has declined in the last Sitting here not listening to them or that has absolutely nothing to do with four quarters by 8.1 percent. Think not helping them. We must listen to TARP, big banks, Wall Street, about that. The banks that got all of them. I have letters here I have sub- unhealthy banks. It has everything to the money in the last year of the Bush mitted to the RECORD, independent do with community banks that are less administration and the first year of the bankers, community bankers, Amer- than $10 billion. Those are the only Obama administration, the banks that ican bankers: Please help the healthy banks that can even apply to be a part got all of the money, the reports show, small banks in America to do the job of this. It is completely voluntary. cut lending to small business by 8.1 we want to do for you and end the re- If a community bank in Illinois or percent. cession. Louisiana—and I have talked to some— The banks that did not get any help, When we vote on this amendment, I said, Senator, we are healthy; we have the healthy community banks in our hope we get a strong vote. I hope peo- a lot of capital to lend, I have said to States, even in these times have in- ple in this Chamber will not turn their them, that is wonderful. Then you do creased the lending to small business backs on the small businesses in their not need to apply for this. But if you because, A, it is smart for them to do districts and the healthy community want to grow your bank in these times, so, because when they do it right they banks that have been there for a long then it is completely up to you. This make money, which is the whole point time. If we act responsibly, and if we will be available to you. You know of them being in business, and because join in partnership with them, and we what, they brighten up. They say, well, many of them also believe strongly in rely on the private sector savvy that is we did not realize that. We thought it the communities in which they have out there, I think we can make some was going to be something forced. Ab- built their business. real headway. That is what I am hop- solutely not. It is completely vol- They helped build these towns. They ing. untary. do not want to see them take bank- There is no silver bullet. I am not 100 So for the NFIB and the 40 percent of ruptcy. They helped build the busi- percent positive this is going to work their businesses that said they could nesses on Main Street. Do you think in the way that we think. But I am not get collateral, this is a solution. I they are happy to sit there and watch very confident that it has a great am very proud to offer this solution in these businesses close up? chance of working. Shouldn’t we give this way. I also want to say we have But we spent the last 2 years, the last the benefit of the doubt to our own letters from, I believe, almost 20 Gov- year under Bush and the first year small businesses and community bank- ernors who have said, please help us. under Obama, bailing out Wall Street. ers? A lot of people did not know if We are trying to do everything we can When it comes to helping Main Street, TARP worked. A lot of people do not in our State to stimulate growth and it gets very quiet around here. I won- think it worked today. But nobody was development. We are trying to do what der why. saying, oh, well, we are not sure; we we can. So they have sent letters, both That is what this amendment does. should not do it. We rushed on out Republican and Democratic Governors. We know small business creates jobs. there and gave billions of dollars to A letter I have that I will submit to We know there are credible small busi- Wall Street, billions of dollars to big the RECORD is from February, from nesses in all of our States. Even ac- banks. Christine Gregoire, the Governor from cording to the NFIB, even according to Now when it comes to giving our Washington State. She writes a very their own survey, 40 percent of the community banks the benefit of the strong letter to Dr. Romer, our eco- businesses said, we did not get all of doubt, when it comes to giving small nomic adviser for President Obama, to the credit we need. If we could get it, if business people who have risked every- Tim Geithner, to Chairman Sheila we could get credit from our banks, if thing the benefit of the doubt, we are

VerDate Mar 15 2010 02:32 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.044 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6155 having some trouble. I do not under- The other piece is an article in the individualized requirements for any com- stand that. Arizona Republic of July 21. I will pany they deem to pose a potential systemic As the chairman of the Small Busi- quote from the first three paragraphs: risk. The new council of wise men can tell a company not only what capital it needs to ness Committee, I promised them I State and university employees with fami- maintain, but what products or services it would follow in the good footsteps of lies can expect to see their monthly health can offer. It can order a company to divest insurance costs rise as much as 37 percent the former chairs of this committee: some of its holdings or lines of business. The next year, depending on the type of plan Senator SNOWE has been an out- federal government can even take over a they choose. standing chair; Senator KERRY has company with the intent of completely liqui- been an outstanding chair; Senator It goes on to say: dating it. BOND has been an outstanding chair. The Department of Administration— In many cases, the company has no ability They have been very strong advocates That is to say, of the State of Ari- to contest these decisions in court. Where for small business in America. zona— there is judicial review, it is limited to whether the regulatory decision was arbi- When this program came across my cites Federal health reform as the reason the desk, I wish I could say I designed it. I trary and capricious. State’s health plans will carry greater ex- So, there is no real rules-based regulation would love to take credit for it. But I penses and higher premiums for its members. of capital markets anymore. The council of did not. It was designed by other Sen- This is the latest example of the ef- wise men will make it up as they go along. ators. But when I saw it, I thought to fect of the health care reform legisla- Companies of the same size in the same lines myself, now this could work. When I tion on insurance premiums which are of business may have entirely different rules heard the President speak about it, I going to be rising around the country. they must follow. thought, this makes a lot of sense. I There will no longer be a capital market But I did not expect them to rise 37 regulated by an arms-length federal regu- thought, my goodness, this sounds like percent on our State employees next a good idea. The more I looked into it, lator, setting the same rules of the game for year. all competitors. Instead, there will be sym- I became convinced, it is not a good I ask unanimous consent that the biosis between government and financial in- idea, it is an excellent idea. I am not column by Robert Robb and the news- stitutions, interacting continuously with going to leave it on the cutting room paper article dated July 21 in the Ari- one another to determine what any par- floor because of some political argu- zona Republic be printed in the ticular financial institution can and cannot ment that makes no sense to me, and it RECORD. do at any particular point in time. should not make sense to anybody in There being no objection, the mate- This approach is doomed to failure. No group of regulators has the wisdom required this Chamber. rial was ordered to be printed in the I see other colleagues are on the floor to do what this new legislation requires. RECORD, as follows: Once the symbiosis is established, however, to speak. I have exhausted my 10 or 15 [From the Arizona Republic, July 21, 2010] unwinding it will be very difficult. The minutes. I am happy to yield the floor. AN END TO RULES-BASED CAPITAL MARKETS politicization of the allocation of capital And then, of course, I will come back (By Robert Robb) tends to be addictive. to the floor, to come back to speak This bill is also probably the beginning of about this amendment. I want to say I The financial market reform legislation the end of an independent Fed. The Fed can- enacted by Congress last week ushers in a not play this large of a role in the conduct of am very proud of the support of Sen- new era in the relationship between capital ator LEMIEUX, as well as a growing list every major financial institution in the markets and the government. country without politicians seeking to get of other Senators who have come for- If the country decides it was a mistake, into its knickers. The role of primary sys- unwinding it will be very difficult. ward to support this amendment and to temic risk regulator is simply incompatible Until now, regulation of capital markets speak on the bill. with that of an independent monetary policy has been primarily disclosure-based. Invest- I see the Senator from Arizona and I maker. ment firms were largely free to offer what- will yield the floor at this time. President Obama and Democrats regard ever products they wanted. The role of gov- The PRESIDING OFFICER. The Sen- this legislation as monumental. I don’t think ernment was principally to ensure that there they even partially understand how right ator from Arizona. was adequate disclosure so that potential in- they are. HEALTH CARE vestors could make informed decisions and Mr. KYL. Mr. President, I rise simply not be hoodwinked. Who made or lost money [From the Arizona Republic, July 21, 2010] to insert into the CONGRESSIONAL wasn’t the government’s concern, except at STATE TELLS EMPLOYEES HEALTH INSURANCE ECORD tax time. R two very interesting pieces WILL ROCKET from the Arizona Republic. The first is The primary exception was banks whose deposits were insured by the federal govern- (By Ken Alltucker) an op-ed, a column, by Bob Robb, who State and university employees with fami- is one of the most erudite columnists I ment. Since the government was ultimately on the hook, it oversaw the prudence with lies can expect to see their monthly health- have ever read. He comments on the fi- which these banks did their business. insurance costs rise as much as 37 percent nancial regulatory reform bill saying, The conventional wisdom is that this sys- next year, depending on the type of plan among other things, that this new fi- tem failed in the financial market turmoil of they choose. nancial stability oversight council that 2008. Financial institutions subject to lighter Figures provided by the Arizona Depart- is created under the legislation will prudential regulation took on too much bad ment of Administration show that health have total control over what a lot of risk with too much leverage. These firms had plans for families and single adults with become big and interconnected enough that children will shoulder the most-expensive banks and businesses do. monthly premium increases beginning Jan. He describes this as being able to tell their failure threatened the collapse of the entire U.S. financial system. 1, while individuals will pay modest in- a company not only what capital it Now, I happen to believe that this nar- creases. needs to maintain, but what products rative overstates the threat that existed in The Department of Administration cited or services it can offer. It can even 2008. But I am part of a very small and federal health reform as the reason the order a company to divest some of its uninfluential minority on the matter. So, for state’s health plans will carry ‘‘greater ex- holdings or lines of business, and even purposes of discussion, let’s assume that the penses and higher premiums for members,’’ take over the company with the intent narrative is correct and the goal of reform according to a June 30 letter sent to about of completely liquidating it, and in should be to prevent a reoccurrence. 135,000 state and university employees and their dependents. many cases even without the ability to There are several things that Congress could have done to address the perceived The letter named two provisions that the contest these decisions in court. threat directly. If financial institutions of state expects will drive health-insurance He laments the fact that there will over a certain size represent a systemic costs higher. One is a requirement that in- be no rules-based regulation of capital threat, Congress could have prohibited com- surance plans provide coverage for dependent markets anymore; predicts it will be panies from becoming that large. In the past, children up to age 26. The other is the federal doomed to failure, and also talks about the U.S. got by with smaller banks and it legislation’s ban on lifetime limits, an insur- the beginning of the end for an inde- could again. ance-industry practice that cuts coverage pendent Fed, which has significant re- If excessive leverage is a systemic threat, once an individual’s medical expenses exceed sponsibilities under this law, which he Congress could have limited it directly. a set amount over their lifetime. Instead, Congress decided to vastly expand Because the state is one of Arizona’s larg- believes, and I agree, are inconsistent the federal government’s discretionary, pru- est providers of health insurance, its esti- with its primary task, the entity in our dential regulation of capital markets. mates could provide an early glimpse of how country that is supposed to take care A new Financial Stability Oversight Coun- large employers will pass along health-re- of the monetary policy of the country. cil and the Fed are authorized to prescribe form costs to their employees.

VerDate Mar 15 2010 02:32 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.045 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6156 CONGRESSIONAL RECORD — SENATE July 22, 2010 Industry analysts say it is too early to tell new health-care law,’’ Sinema said. ‘‘It is businesses, as the chairman of the how much health reform will impact the cost clearly a politically motivated letter that is Small Business Committee indicated, of insurance. Some estimates expect the ini- just not factually accurate.’’ the job generators in America. Frank- tial impact on overall cost will be less than Ecker, of the Department of Administra- ly, I would have hoped we could have 2 percent. Many analysts agree that the true tion, denied any political motivation. He saw impact won’t be known until 2014, when no political undertone in the letter, which considered this legislation long before health-insurance exchanges are established was drafted by the Department of Adminis- now. It is certainly long overdue. We to extend coverage to the estimated 32 mil- tration’s benefits-services staff and approved are in July. I have been urging from lion Americans who now lack health insur- by the agency’s director. the outset of the year, in January, that ance. ‘‘It is simply designed to let members we should address this most profound ‘‘I don’t know if anybody really knows know that rate increases are coming and the issue when it comes to creating jobs. what the (impact) on costs will be,’’ said Don reason for those increases,’’ Ecker said in an We clearly have to be concerned about Mollihan, a broker and consultant with Ari- e-mail. the well-being of small businesses. zona Benefit Consultants. ‘‘The entire The PRESIDING OFFICER. The Sen- (health-insurance) industry is trying to react The legislation before the Senate has to the reform as regulations are imple- ator from Rhode Island. a number of good provisions that will mented. That is where the rubber meets the NATIONAL ENDOWMENT FOR THE OCEANS go a long way in creating incentives road.’’ Mr. WHITEHOUSE. Mr. President, I and helping and buttressing this key One example is the Obama administra- know my friend and colleague, Senator component of America’s economy. I re- tion’s requirement, unveiled this month, SNOWE, is about to deliver some re- gret that we are in a position where we that all health-insurance plans cover preven- have not been able to reach agreement tive care free of charge. Such no-charge pre- marks. I ask unanimous consent that I ventive care ranges from autism screening to be recognized at the conclusion of her allowing the minority to offer amend- colorectal-cancer screening for adults over statement. I wish to take a moment to ments, which is confounding and per- age 50 to folic-acid supplements for pregnant thank her for her work with me on the plexing as well as disappointing. After women. bill I am going to be talking about. She all, I know the majority rules. But cer- ‘‘The preventive-care requirements could will be talking about something else, tainly the traditions of the Senate ac- add some costs, but a lot of (insurers) are al- but I will be discussing the National commodate minority rights as well. ready providing those services as part of That should mean, on the foremost their core’’ plans, said Patricia ‘‘Corki’’ Endowment for the Oceans. While we Larsen, a principal with human-resources are in the Chamber together, I express issue facing the country today, the consultant Mercer in Phoenix. my gratitude for the collegial, economy and jobs, that the minority Alan Ecker, Department of Administration thoughtful, helpful way we worked to- would be allowed to offer a few amend- spokesman, said health reform is ‘‘respon- gether on this bipartisan piece of legis- ments. That is all we are asking. After sible for all increases for employee pre- lation. all, this issue has been languishing for miums’’ next year. The PRESIDING OFFICER. Without the last 6 months. It should have taken He noted that federal health reform passed after the Legislature approved funding for objection, it is so ordered. the highest priority back in January, next year’s state’s health plan, so with no The Senator from Maine. as I indicated; It is that important to money left in the state coffers to cover the Ms. SNOWE. Mr. President, I express the American people, as reflected in mandated changes to health insurance plans, my profound gratitude to the Senator the historic low approval ratings of the state opted to shift costs to employees. from Rhode Island for his leadership on Congress. We are not addressing the VARYING IMPACT this initiative. It will have far-reach- key issues facing America today, and The state pays for most of the premium ing implications and importance to our that is how we will turn this economy costs, with the employee picking up a por- most vital resource, the oceans, and all around and create jobs for the Amer- tion of the premium costs. Also, changes in they represent. I look forward to work- ican people. premiums do not reflect other cost-shifting ing with him to transform this legisla- Here we are today in a deadlock be- measures, such as increases in co-payments tion into a reality that will protect the cause we are not allowed, on the mi- that people must pay when visiting a doctor or filling a drug prescription. oceans in perpetuity and understanding nority side, to offer a few amendments. University and state employees who get and amassing all the resources that are As I look back on the calendar, we had state-sponsored coverage just for themselves essential to the preservation of the 78 days we were not either in session or won’t see much of an increase in their pre- oceans and what they represent to our voting. We could have spent all that miums: about $1 each month under three environment and to the ecosystem and, time considering amendments for the plans offered by the state. of course, to the fisheries that are so key issue confronting America. In fact, Increases in employee premiums for plans important to our respective States and over the last 2 weeks, since this bill that cover couples and families will range from $22 to $43 a month. Single adults with to the country. I thank him for his vi- has been pending, not one amendment children will see those premiums increase 37 sionary initiative. I am pleased to join has been offered or allowed to be of- percent for an Aetna insurance plan that in- him in that effort. Hopefully, we can fered to the small business bill. We cludes a health-savings account. The Aetna bring it to fruition in this Congress. have wasted all this time when, in fact, family plan and the Aetna plan for two There are a number of issues with re- we could have been considering amend- adults will also each rise more than 20 per- spect to the small business legislation ments. Last night on the unemploy- cent. Employees who choose the state’s EPO pending before the Senate, although ment benefit extension bill, we were and other plans similar to an HMO for fami- pending in a way I would prefer other- able to vote on six different amend- lies and adults with children also will see their monthly payments rise more than 22 wise, given the fact that it addresses ments. We had six votes last night on percent. the foremost issue facing the country issues. The process worked well. That DISPUTE OVER LETTER today; that is, jobs and the status of is the way it should work in the Sen- Yet, even as Gov. Jan Brewer’s administra- the economy. The economy is not cre- ate, where we are supposed to accom- tion cited health reform as the chief reason ating the jobs the American people de- modate a variety of positions and build for cost increases, the state’s health-insur- serve. That is why I joined across the consensus on the key issues facing ance premiums for employees have increased aisle in extending unemployment bene- America. at even faster clips in the past. fits, because we have a very high unem- I know today we are lacking pa- In fact, employee premiums for five of ployment rate of 9.5 percent, with 8 tience, when it comes to governing and eight plans next year will increase at a lower million people having lost their jobs legislating and reviewing issues and rate than they did this year. Some lawmakers questioned the Brewer and more than 15 million either unem- working with people with whom we dis- administration’s decision to send out a letter ployed or underemployed. We have not agree. That is regrettable. The Amer- that blames health reform for the premium seen the kind of economic growth that ican people understand what is hap- increases. will produce the jobs the American pening here in Washington these days, Rep. Kyrsten Sinema, D-Phoenix, who sat people deserve and create the kind of where it is an all-or-nothing propo- on President Barack Obama’s health-reform security they deserve as well. sition. I hope we can turn the corner on task force, blasted the Department of Ad- From that standpoint, I thought it this issue above all else because it does ministration’s letter as politically moti- vated. was important to extend unemploy- matter to the American people. It mat- ‘‘The Department of Administration is im- ment benefits. I ultimately think it is ters to people what is happening on plying that entire increase is a result of the important to do what we can for small Main Street. That is as true in my

VerDate Mar 15 2010 02:32 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.005 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6157 State of Maine as it is true across the He said one adjustment already has Government through existing models country. It is no wonder more than 70 cost him $5 million. Multiply that, and that have been proven to be effective percent of the American people think it grows exponentially. The point is, it and workable, and that is a 7(a) guar- the country is going in the wrong di- is a challenging picture for the private antee program. As a result, in June the rection when it comes to the econ- sector in terms of taking steps or tak- SBA approved $647 billion in 7(a) guar- omy—understandably so. Because they ing the risky steps in investing in the antee loans, a 56-percent decrease from go down on Main Street and see what is future for their company. They want to May’s $1.9 billion, because we allowed happening. They see businesses closing, make sure they are making the right those provisions to terminate that the anxiety that permeates not only decisions, the prudent decisions to were included in the stimulus bill. Had the main streets but communities and make money and not to lose it. That is we allowed them to extend, we would households all across America because where we come in, in terms of creating have seen continuity of lending to of the lack of job security, financial se- certainty with respect to our policies, small businesses in this country. curity, personal security, all of which not adding more in terms of taxes and That is why I think those measures has created a picture of anxiety and spending that adds another overlay to are extremely effective. They have al- desperation on the part of so many, the cost of doing business. Because ready demonstrated their efficiency wondering where the next job will they are going to be far more reluctant and their workability across the coun- come from, if they lose their jobs, or to take those steps that we think are try. That is what will work for small whether they will get a job having lost necessary to turn this economy businesses, if we were to increase those a job. That is what it is all about. around. guarantee rates and reduce the lenders’ I can’t understand why we couldn’t That gets to the point of the pending and borrowers’ fees. That is why I am come together in the Senate, con- legislation and, in particular, an pleased the majority leader included in sistent with the tradition of this body, amendment I know has been offered by his substitute a modified version of my which is to consider a variety of ideas the chairman of the committee, Sen- amendment that provides $505 million across the political aisle, build con- ator LANDRIEU, with respect to the in funding to reinstate the fee waivers sensus, and support. The more ideas, lending facility. It is a provision I have and increase guarantees through the the better. It will make the legislation had a great deal of concern with re- remainder of this year. The SBA has certainly much improved because we spect to, this lending capacity that estimated that the reinstatement of will have a variety of ideas that are would be created that would extend these provisions could leverage $13.2 important when it comes to improving from the Treasury to banks across the billion in SBA lending. This is pre- our economic status in America. It is country. I know the majority leader cisely the type of effect we could have disconcerting when we know that the has taken this provision out of the un- for the taxpayers that maximizes the Federal Reserve has adjusted their derlying bill, and I certainly appreciate efficiency and the return on the dollar growth rates for the economy, lowering that because I do think it is important rather than reincarnating the specula- them because of what they anticipate that this facility is not included in the tive nature of TARP. These appropria- in the future in terms of economic overall legislation. First, it has not tions, coupled with the SBA lending growth, unemployment, the lack of in- had a single hearing with respect to provisions in the substitute amend- vestments being made by companies the issue. In my view, it certainly does ment, will raise the maximum 7(a) and today either in hiring or capital equip- resurrect the controversial TARP that 504 loan limits from $2 million to $5 ment. The combination has created a we just terminated in the bill that million and the maximum microloan much more pessimistic picture for the passed last week in the Senate and was limit from $35,000 to $50,000, which play future in terms of our economy. signed by the President which is, of an invaluable role in providing afford- Then, of course, we have the uncer- course, the financial regulatory reform able credit to small businesses. tainty emanating from Washington, bill. It is definitely a facsimile of that Obviously, when it comes to expand- from Congress, in terms of a variety of approach and that program that has ing access to capital, Congress must policies, whether it is health care, created a great deal of concern. work in tandem with the administra- whether we are talking about increased The lending fund was debated in the tion and the Treasury Department. Let taxes or increased regulation, as we House, certainly on the House floor in me begin by noting that I appreciate saw with the tax extender bill, having the House Financial Services Com- the hard work of individuals in the De- subchapter S and increasing Medicare mittee, where significant concerns partment of the Treasury in trying to payroll taxes and, in fact, applying were raised about the program’s simi- develop methods to spur small business lending. I understand how complicated them for the first time on retained larities to TARP. In stark contrast to it can be to devise workable, strong earnings which is the greatest source the Small Business Committee provi- initiatives. The department has cer- of capital for a small business invest- sions in the substitute amendment we tainly attempted to do so. Unfortu- ment. Yet we want to tax that as well. are now considering, many of these nately, I continue to have significant We are seeing all that uncertainty. measures certainly are going to add a People say: Businesses are not sitting great deal of concern in terms of reservations with the lending fund for on their cash. Businesses won’t sit on whether we should be extending more several reasons. First, regardless of what the pro- their cash, if they think they are going than $30 billion to banks across the ponents will say about this lending to make money. That is the point. country. I hope we will rely on the key fund, it is essentially an extension of They would invest. They would make provisions in the underlying legisla- TARP, known as the Troubled Asset the investments, if they thought the tion; for example, raising the 7(a) guar- Relief Program, which, as I said ear- economy was going in the right direc- antee rate from 80 to 90 percent and in- lier, has been terminated in the finan- tion. But they have to be more con- creasing and also reducing certain cial regulatory reform legislation the servative, if they don’t know exactly lenders’ and borrowers’ fees in the 7(a) President signed into law just yester- what is going to come out of Wash- and 504 loan program. I am pleased those measures that day. ington in terms of policies and more But let’s look at what some of the ex- were included in the stimulus plan that regulation. perts have to say on this particular I have talked to numerous business we passed last year resulted, as this issue. In a May 17, 2010, letter that Mr. people in my State, including bankers. chart indicates, in a 90-percent na- Barofsky—who is the special inspector They all say the same thing. We don’t tional increase in SBA lending since general of TARP—wrote to Members of know what is going to come out of Recovery Act’s passage and a 236-per- the House of Representatives, he Washington in terms of the types of cent increase in Maine. It is a strong states: policies that are going to add to the indication of the value of increasing cost of business. I was talking to one the guarantee rate, which we have now . . . in terms of its basic designs, its par- ticipants, its application process, and, per- individual who is in charge of a big cor- done in the underlying legislation be- haps its funding source from an oversight poration in America, making an ad- cause those provisions expired in May. perspective, the [small business Lending justment of one facet on the close to That is certainly one way of extending Fund] would essentially be an extension of 1,000 regulations in the health care bill. the lending capacity of the Federal TARP’s CPP program. . . .

VerDate Mar 15 2010 02:32 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.047 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6158 CONGRESSIONAL RECORD — SENATE July 22, 2010 Moreover, in its May Oversight Re- There are other unintended con- disbursement of funds by the govern- port, the bipartisan Congressional sequences that may result from Treas- ment to a non-Federal borrower under Oversight Panel for TARP states that ury’s Small Business Lending Fund, a contract that requires the repayment the Treasury lending fund ‘‘substan- which certainly raises a red flag for of such funds. In other words, the Fed- tially resembles’’ the TARP program. me. It is possible that instead of pro- eral Credit Reform Act methodology is They say: moting quality loans, the proposal used when scoring loans. . . . it is a bank-focused capital infusion could encourage unnecessarily risky After this score was released, the program that is being contemplated despite behavior by banks. The Treasury De- House modified the lending fund to little, if any, evidence that such programs partment proposes to lend funds to eliminate a requirement that the funds increase lending. banks at a 5-percent interest rate, be repaid. Of course, there is every in- ‘‘An extension of TARP’’ and ‘‘sub- which then can be reduced to as low as tent that the funds will be repaid, and stantially resembles’’ TARP—that is 1 percent if the institutions in turn in- in an effort to make this certain, the how the experts of all things TARP— crease their small business lending. dividend rate that banks pay rises to a TARP’s IG, the inspector general, and However, if the banks fail to increase punitive 9 percent after 41⁄2 years. But the bipartisan Congressional Oversight their small business lending, the inter- there is no absolute requirement to Panel—characterize this program. So est rate they would pay could rise to a repay the loan. obviously we are talking about the ex- more punitive rate of 7 percent. Well, Well, this change had two effects: perts who are the watchdogs of the this could lead to an untenable situa- First, it allowed the banks to treat the TARP, and they say that regardless of tion where banks would make risky money it receives as an investment as how you want to describe this program, loans to avoid paying higher interest opposed to a loan and therefore to it is what it is. It is an exact duplicate rates—a behavior known as ‘‘moral count the funds as tier 1 capital, the of TARP. That is what it is. hazard.’’ core measure of the bank’s financial In addition to characterizing the Some have argued that the banks strength. Second, it allowed Congress Treasury lending fund as TARP, we had will not engage in risky behavior be- to claim that these are not loans, al- three Democrats and two Republicans cause they will remain liable for the though for all intents and purposes on the Congressional Oversight Panel underlying debt. We know that cer- they are, so that the bill can be scored who also laid out a series of sub- tainly was not the case with the mort- under a more favorable cash-based esti- stantive concerns with the program. I gage crisis that got us into this eco- mate. would like to outline these for my col- nomic mess in the first place. So in the Once these adjustments were made, leagues as well. final analysis, the possibility that this CBO issued another score that exam- First, the panel explained that the program could lead to poor lending de- ined the lending fund as revised. The Treasury lending fund will be ‘‘less rel- lending fund provision we are dis- evant if declining business sales play a cisions is something that, in the long run, will not help borrowers, lenders, cussing today remains virtually iden- larger role in lending contraction than tical, for scoring purposes, to how it banks’ rejections of loan applications.’’ or our overall financial system. Incidentally, proponents of the lend- was in that revised version that passed What does that mean? Well, it means ing fund highlight that several major the House. That score is based on a that although lending contraction re- banking associations support this ini- cash-based estimate rather than the mains a significant concern, the root tiative. Well, that would not be sur- Federal Credit Reform Act because the cause of that contraction may pri- funds were no longer considered as marily be a lack of demand because prising. Who would not support receiv- loans. Under a cash-based estimate, borrowers are not as interested in tak- ing millions upon millions of dollars CBO listed the official score for the ing on debt until their sales increase as from the Federal Government at a 5- lending fund as raising $1.1 billion over opposed to banks’ mere unwillingness percent interest rate that could be re- 10 years. So this is the official score to make loans they otherwise should be duced all the way to 1 percent? While I that has been touted by proponents of making. As the NFIB has long main- am in no way questioning the bankers’ the lending fund. However, what they tained, ‘‘What small businesses need motives, I do point out that they are most are increased sales, giving them a not viewing this from a perspective of fail to mention is that very same CBO reason to hire and make capital ex- objective third parties. score stated that ‘‘Alternately, the po- penditures and borrow to support those Moreover, it does not alleviate my tential costs of the [Small Business activities.’’ concerns, and that is, obviously, the Lending Fund] under [the House legis- Secondly, according to the bipartisan public’s interests when it comes to lation] can be measured using proce- Congressional Oversight Panel, the issuing more than $30 billion of tax- dures similar to those specified by [the program will likely be branded with a payer funds. Federal Credit Reform Act] but ad- TARP stigma, which will diminish Another key concern of mine is about justed for market risk—as is specified banks’ willingness to participate. the cost of the administration’s lend- by law for estimating the cost of the Third, additionally, the Congres- ing fund. I am very apprehensive about Troubled Asset Relief Program.’’ This sional Oversight Panel has also con- whether Congress has taken into full was referring to a fair value basis esti- cluded that the Small Business Lend- consideration the program’s true cost mation. CBO goes on to note that when ing Fund may reward banks that would to the taxpayers. The previous scores measured in this manner, the score have increased their lending even in for the Small Business Lending Fund would be a $6.2 billion loss. the absence of government support, as are convoluted, to say the least. I say Incidentally, to ensure accurate ac- the fund’s incentive structure is cal- this because there are three different counting, the legislation that created culated in reference to 2009 lending lev- methodologies that the Congressional TARP required that it be scored using els, which were low by historical stand- Budget Office has discussed when scor- a fair value estimate. So in that case, ards. ing various versions of the lending it would cost—if you were to use the I know the proponents of the lending fund—specifically, the Federal Credit same estimate—it would be a $6.2 bil- fund may try to disagree with Mr. Reform Act of 1990 estimates, cash- lion loss as opposed to a $1.1 billion Barofsky and the bipartisan Congres- based estimates, and fair value basis gain in revenues, as the pending sional Oversight Panel’s comments, estimates. So those are the three dif- amendment suggests. but in doing so they will be arguing ferent methodologies. So putting this all together, we have against the experts established to over- In the House version that was re- the Federal Credit Reform Act score see TARP in the first place. ported by the House Committee on Fi- which highlights that if these were Moreover, it is not as if we are talk- nancial Services, the lending fund was treated as loans—which for all intents ing about partisan entities here. Again, scored by the Congressional Budget Of- and purposes they are—this program the Congressional Oversight Panel is fice as costing taxpayers $1.4 billion. would cost taxpayers around $1.4 bil- comprised of three Democrats and two That level was determined by using the lion. But because of a change to not Republicans, who have collectively Federal Credit Reform Act of 1990 scor- technically or officially require that agreed to include these statements in ing. That Federal Credit Reform Act the funds be repaid, it is now scored their report. methodology is used when there is a under different methodology, on a cash

VerDate Mar 15 2010 02:32 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.050 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6159 basis, as a $1.1 billion revenue raiser, ican taxpayers. If you would use a majority leader has included some of which is what the underlying pending similar methodology as they did in the provisions that I and the chair rec- amendment does. Moreover, CBO ex- TARP—which this is a TARP facsimile ommended, which is to increase the pressed that if it were scored on a fair in terms of duplication and a reflection guarantee rates that have dem- value basis, the program would score as of TARP—then clearly you have to use onstrated their effectiveness, that have costing taxpayers $6.2 billion. the same method of addressing how demonstrated their workability. They What does CBO state about which of this legislation either is costing the work. They have increased lending the three scoring methods is more com- taxpayers money or is raising revenues across this country by more than 90 prehensive? In the score, it states: for the taxpayer. percent and, in my State, 236 percent. Estimates prepared on a ‘‘fair-value’’ basis It is clear, if you use the fair cash It has demonstrated its capacity for include the cost of the risk that the govern- basis estimate, the fact is, it would working. So why not use those models ment has assumed; as a result, they provide lose the taxpayers money because you we have adopted in the past and that a more comprehensive measure of the cost of have to take into account all the risks have proven their effectiveness? the financial commitments than estimates that will be involved during the life of I think that is what it is all about. done on a [Federal Credit Reform Act] basis the loan, and that is totally excluded How much can we do? Well, we know or on a cash basis. on the estimate and the analysis of the we are limited in terms of what we So I ask the question, when I hear method that was used in the pending have as far as deficits and the national colleagues claim this is a $1.1 billion amendment. debt is concerned. So I think we have revenue raiser, is that accurate? I outline all of these concerns be- to be very prudent about how we ex- Shouldn’t we be concerned that this cause I do think it is important for my tend taxpayer dollars. may not truly be the investment they colleagues to consider very carefully I have a great deal of concern in are claiming? And critically, has all of the implications and the ramifications terms of, No. 1, not only spending the this been taken into consideration of this lending facility. It is a new pro- $30 billion but the cost to the tax- when weighing the effects of this pro- gram. It is similar to TARP. And it is payers if we use an accurate, realistic gram on the Federal budget and when not just my saying so; as I said, it is measurement similar to what CBO had evaluating the efficacy of this program the inspector general who oversees indicated and similar to what was used and utilizing it as an offset in the un- TARP, the Congressional Oversight in TARP; and, No. 2, how that legisla- derlying legislation? Panel that oversees TARP, which have tion works because it creates a per- So I am concerned with various as- all expressed that it has similar and verse incentive. It increases the inter- pects of this pending amendment that equivalent features to the Troubled est rates to those banks that don’t in- creates this lending facility for more Asset Relief Program that we have just crease their small business lending but than $3 billion. In my conversations terminated in the financial regulatory decreases it for those that do. So we do with Treasury officials, I stressed how reform program. It is a concern, and encourage the prospects of moral haz- critical it was to reach out to col- again, it is what the TARP experts call ard and the likelihood that poor, risky leagues on both sides of the political an extension of TARP. They call this loans might be made because of the aisle prior to having introduced this lending fund an extension of TARP be- fact that their interest rates will be re- piece of legislation and before advanc- cause it has all of the components of duced as a result. So I think we have to ing and championing it here on the TARP. be circumspect about that. floor of this Senate to obtain input on So I think we should be very cir- I hope we do not accept this lending how to devise lending funds in a way cumspect and hesitant about utilizing facility because I do believe it does that would address the concerns I have a similar program at a time in which raise serious and significant concerns raised and to structure it in a way that we have to minimize the expansive na- and that it is duplicative of TARP. I could achieve broad bipartisan support. ture of government programs in the think we need to be moving in a dif- Unfortunately, that did not happen, spending that occurs here in the Sen- ferent direction in this country. Also, and this, of course, produces the ate, in the overall Congress, and on the there are a number of issues that have amendment that is pending here today. part of government. I think it is impor- been raised that cannot be addressed. I Also in my conversations with Treas- tant. hope we could, rather, build upon the ury officials, I was under the impres- I have heard that when it comes to underlying amendment, the substitute sion this was going to be addressed the TARP program, that money was amendment to be offered by the major- through the Senate Banking Com- distributed to small and medium-sized ity leader; allow for some amendments mittee. That was the other issue I institutions. But according to the Con- from both sides of the political aisle so raised. I think, after all, given the fact gressional Oversight Panel, by Decem- we can strengthen the legislation that that this is a banking initiative—it is ber 31, 2009—which was the deadline for is before us with respect to providing the lending of more than $30 billion to Treasury’s capital purchases—20 per- incentives, tax breaks, and tax relief to commercial banks across this coun- cent of all TARP funds did go to small small businesses that rightfully de- try—clearly the Senate Banking Com- and medium-sized institutions and 98 serve those initiatives so we can incent mittee should have been involved in ex- percent of all recipient institutions them to create jobs and to feel certain amining this issue, that it should have were small and medium-sized institu- about their futures as well as this been thoroughly reviewed and vetted tions. country. and whatever objections existed on It is not whether a bank is good and So with that, I yield the floor. both sides of the aisle could have been that is why we should lend this money. The PRESIDING OFFICER (Mr. examined and hopefully resolved. I Obviously, there are excellent commu- FRANKEN). The Senator from Rhode Is- would have been happy to have had an nity banks that do a great job; they did land. opportunity to discuss this issue in a not contribute to the problem all Mr. WHITEHOUSE. Mr. President, I way that could have alleviated and ad- across America. It is really a question have the floor by virtue of a previous dressed these concerns. as to whether this is good policy. That unanimous consent, but I understand Let’s not forget this is a brand new is the bottom line. Is this good policy? the Senator from Louisiana wishes to program, the nature and magnitude of It raises a number of questions. It say something briefly while Senator which is more than $30 billion, which raises the specter that we are really re- SNOWE is still on the floor. So I would justifies a thorough evaluation and cer- creating TARP in another manner; it is be happy to yield. I would be happy if tainly those that have been raised by just directed to different institutions. I I could have the floor returned to me the Congressional Budget Office in the think we have to be very careful and at the conclusion of their exchange. variety of methodologies that can cautious and prudent at this time. Ms. LANDRIEU. Thank you, Mr. produce either a $6.2 billion loss or a Is there another way to extend the President. I will just be 30 seconds. $1.1 billion revenue increase. lending capacity of the Federal Gov- I will respond to the comments made The point is we are not using a true, ernment? Yes, there is. It is through by my ranking member. She and I have accurate estimate of what this lending the small business lending programs worked so closely together, and we just facility will ultimately cost the Amer- which I talked about earlier, and the have a difference of opinion about this

VerDate Mar 15 2010 02:32 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.051 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6160 CONGRESSIONAL RECORD — SENATE July 22, 2010 one particular piece of this bill, which very carefully because, as my colleague First of all, in her arguments against is an important piece, so I will respond knows, it does raise $1.1 billion, at the program—but before I go into that, to her comments in a minute. least according to your projections. I want to say how pleased I was to I do agree with one thing she said, But if we use a true realistic analysis, hear—and I believe that the transcript which is there could be other amend- as we did with TARP, it would cost the will show this—that she said should ments offered to maybe make this bill taxpayers $6.2 billion. this amendment get on with 60-plus better. But I wish to ask my ranking Ms. LANDRIEU. Mr. President, I votes, and other amendments are po- member through the Chair: This thank the Senator for those comments. tentially offered, she is supportive of amendment is pending. We are going to She has left a window of opportunity the bill. She has some specific sugges- vote on this amendment. This amend- open for, hopefully, some compromises tions as to how this program could be ment could potentially get 60 votes as we move through the amendments made better, in her opinion. Maybe we plus. If this amendment is voted in by on this bill. can come to some terms on that. I be- the will of this Senate, even though she I yield back the floor to the Senator lieve that, in good faith, on major bills has reservations about it which she has from Rhode Island. such as this we should consider amend- beautifully outlined—as she always The PRESIDING OFFICER. The Sen- ments, if we can. This is one of them. does—but if this amendment is on the ator from Rhode Island. This is the first amendment, a bipar- Mr. WHITEHOUSE. Mr. President, line and let’s say other amendments tisan amendment. Senator LEMIEUX into this arena of discord and division, are offered and some pass and some and I are sponsoring this amendment I rise to bring happy news. But first I fail, is she inclined to vote for the bill? along with over a dozen other col- ask unanimous consent to speak as in This is the only question I am going to leagues. Senator CANTWELL has been a morning business. tremendous advocate of this program, ask her. The PRESIDING OFFICER. Without I will restate it. I said to the Senator as have Senator MERKLEY from Oregon, objection, it is so ordered. from Maine, with whom I have worked URRAY (The remarks of Mr. WHITEHOUSE per- Senator M from Washington, very well—we have worked together, taining to the introduction of S. 3641 Senator KLOBUCHAR from Minnesota, but we have a different view about this are located in today’s RECORD under Senator NELSON from Florida, and Sen- particular program. ‘‘Statements on Introduced Bills and ator SCHUMER. They will come to the This is an amendment. I agree with Joint Resolutions.’’) floor later this afternoon. her that amendments should be offered I yield the floor. We have a growing list—bipartisan on this bill. I am hoping our leadership The PRESIDING OFFICER. The Sen- list—with Senator LEMIEUX and myself can work that out. If this amendment ator from Louisiana is recognized. and others supporting this small busi- is agreed to by 60 plus—we may get 70 Ms. LANDRIEU. Mr. President, I ap- ness lending program. votes for this amendment; we don’t preciate the opportunity to get back to Let me try to answer specifically know. We are picking up support for it. the issue at hand, which is the small some of the concerns the Senator from Although some people are opposed, we business bill, a job creation bill for Maine expressed. She said there have are getting a good amount of support America. It is something that many of not been any hearings on this program. for it. Does the Senator from Maine be- us have worked on now for over a year. There were two House hearings on this lieve she could then vote for the bill? This bill has been developed by the initiative. I am going to get the date The PRESIDING OFFICER. The Sen- work of many committees, both in the for the record. But there were two ator from Maine. House and the Senate, over a long pe- hearings on this specific small business Ms. SNOWE. Mr. President, first of riod of time—primarily the Small Busi- lending program. In one of those hear- all, I hope that we could offer other ness Committee and the Finance Com- ings, which I will submit—the House amendments as well in addition to this. mittee, but also members from the markup—there were more than 16 I think that is critically important, Banking Committee and other commit- amendments discussed and debated and first and foremost. Just as you have tees that have been very much giving offered. So I don’t want to leave any- had an opportunity to offer an amend- their input into this final product, one with the impression that this small ment, our hope is that on our side of which is in its final stage of passage. business lending program did not re- the aisle, we would have the ability This bill passed the House recently ceive congressional hearings. It has. and the prerogative to offer amend- with these major components—a very This has also received the attention ments as well, and then we would look strong, targeted tax cut for small busi- of the Nation, because the President at it at the end of the day. Obviously, ness. The Chair knows how important himself spoke about it in probably one I know the Senator from Louisiana that is to small businesses in Min- of the most highly publicized speeches feels very strongly about this amend- nesota that are watching additional a President can give, which is the ment. Obviously, I have some deep con- regulations come upon them—some for State of the Union. He spoke to the cerns. I certainly hope to support this good reasons and some not for good small businesses of America and to the legislation without this amendment, reasons. They are looking at an in- small healthy banks, and said we are but if it is the will of the Senate, then creased cost of capital. They need tax going to try to craft a program to be obviously I will continue to support it relief. This bill provides that because your partner, to work with you, to get and hopefully we can move forward. of the good work that has come out of jobs created in America. So this has But I just think it is critically im- the Finance Committee. Out of our been discussed in hundreds of press portant with respect to this particular Small Business Committee, as the conferences, two congressional hear- initiative that a number of these issues ranking member so eloquently ex- ings, and any number of Senators—par- have to be addressed. In the final anal- pressed and outlined, came some key ticularly I want to say, Senator ysis, when we are talking about $30 bil- measures in the bill that will improve MERKLEY, Senator BOXER, and Senator lion, we can’t do that lightly. Cer- the core programs of the SBA—an CANTWELL have spent hours and hours tainly, there are a number of issues agency that is well supported here, par- and hours of their time—days, weeks that have been raised, ones that I have ticularly on the Democratic side, and and months—on this provision, trying raised today, that clearly would have even with some Republicans who are to work through any particular argu- to be resolved in my estimation. supportive of that agency. We believe ments that others might have. So I think from that standpoint I that by strengthening their programs, I want to put that argument to rest. would have considerable concerns if it we can be of some help to small busi- There have been hearings. I have con- were left in that manner because I ness in America. ducted in my committee probably a think it raises the costs to the tax- The debate right now is on the small dozen hearings on related subjects. I payers indisputably. business lending fund. I have the great- could fill this desk with paper, which I Secondly, as to whether it is going to est respect for my ranking member. We will not do and burden the clerk, with create risky behavior on the part of have a disagreement on this particular letters and comments and e-mails and banks that are assuming this legisla- provision. I want to respond specifi- testimony from hundreds of business tion, and if it does add costs to the tax- cally to some of the criticisms of the owners who say they can’t get capital. payers, we have to think about that program. Our small businesses need help. We

VerDate Mar 15 2010 02:47 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.053 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6161 want to work with our community that both Republicans and Democrats is not about troubled assets, it is not banks. They ask: Why are you sending acknowledge as the authority on scor- TARP, it is a small business lending all of this money to Wall Street? We ing has said this bill will save $1.1 bil- fund, a strategic partnership with com- need some help right here on Main lion over 10 years. That is the official munity banks—if 60 of us say that, Street. CBO score that I am going to submit then she could be persuaded, if that is Also, the second argument the Sen- for the RECORD. Other people can do a the will of the Senate, to pass the bill ator from Maine made—and again, I different analysis. That happens because there are other portions of this have the greatest respect for my rank- around here sometimes. But when it bill that are extremely important as ing member, and she is a good friend— comes down to the bottom line, the well. is that she is concerned because the Congressional Budget Office is the only I reiterate the important support we ‘‘watchdog’’ does not like this program score that matters—Mr. President, you are picking up and to state for the and thinks that it might be like know that—and it says this bill earns, record again the testimony by many TARP—the congressional watchdogs. I saves over 10 years $1.1 billion. business owners. This one comes from don’t know those watchdogs. I haven’t The third argument the Senator Steve Gordon, president of INSTANT- met those watchdogs. I have seen their made is that the congressional watch- OFF, Inc, in Clearwater, FL, not from report, which is here, the May over- dogs are not sure this program will Louisiana but from Florida. He writes: sight report. I could give you a few work. This is their report. It is the May I am the owner of INSTANT-OFF. We summaries from this—that they are oversight report, ‘‘Small Business make water-saving devices for faucets. IN- not sure this program would work, but Credit Crunch and the Impact of STANT-OFF replaces the aerator on any fau- maybe we should give the benefit of the TARP.’’ She put up a chart that said cet, and each unit can save up to 10,000 gal- doubt to our community bankers, lons a year. Our market potential in the U.S. TARP-like. This is where that came is estimated at 50 million units and globally whom we know and trust, and our from. between 100 million and 200 million. We can small businesses. The congressional oversight report create 25 green jobs now. Twenty-five per- Ms. SNOWE, the Senator from Maine, said this program, in their view, might cent of those jobs will be people with disabil- for whom I have a great deal of respect, be like TARP, and they are not sure ities. None of these jobs will be created with- was speaking earlier about this provi- there are any creditworthy businesses out capital if I can’t get the loan. sion that is pending before the Senate. in America. That is what this watch- This is a common refrain, whether it It is a small business lending fund. dog said. They are not sure there are is businesses in Florida, Minnesota or Those of us offering this amendment any businesses in America that are Louisiana. All they have are their cred- believe it is time for us to get a focus creditworthy to lend. That might be it cards which are maxed out. All they on Main Street, to take our eyes off their opinion, but I am a Senator from have are their credit cards that charge Wall Street for a minute and start fo- Louisiana. I am listening to my small them 12, 16, 18, 24 percent. All these cusing on Main Street, our small com- businesses. I see my small businesses. small businesses have is equity in their munity banks that are trying to do Many of them are creditworthy, and houses or they did have some equity in their best to not only stay in business they most certainly, with a little bit of their homes to borrow against to start and make money, but they helped in help from local community banks in- or maintain their businesses. They many ways to build the towns and fusing capital into their business, could have seen their home equity diminish communities, and they are watching grow and expand. considerably. The bank calls them and the businesses they lent money to close Don’t take my word for it. Let’s see says: Joe, your house was worth their doors. We would like to be a bet- what Chairman Bernanke says. Chair- $400,000. We had it as collateral backing ter partner with these community man Bernanke said—and this was on up your $200,000 line of credit or $300,000 banks, in a strategic partnership, to July 12, 2 weeks ago: line of credit. Now your home is half help get money to Main Street busi- It seems clear that some creditworthy the value. I need to call your line of nesses. businesses, including some whose collateral credit. Senator SNOWE is saying she has has lost value but whose cash flow remains Are we not listening? some reservations about this provision, strong, have had difficulty obtaining credit This small business lending fund, $30 and she outlined about five or six rea- that they need to expand. billion, is going to help healthy small sons she is not enthusiastic to support This is what the Chairman of the Fed banks of $10 billion or less. Goldman it. She said, one, that there were not says. He is obviously in a position to Sachs cannot even apply for this enough congressional hearings or were see what banks are lending, what money. AIG cannot apply for this not any congressional hearings. For banks are not, what he is hearing, he is money. National banks cannot apply the record, there were two hearings on listening, he is traveling. Maybe there for this money. These are community this issue in the House. They were on are a few watchdogs and appointees in banks that we know, as the Senator May 18 and May 19. There were amend- Washington who are having a little dif- from Florida said, are at our Rotary ments offered. There was full testi- ficulty figuring this out. But if you go Clubs, they are at our Kiwanis Clubs, mony and full debate. There have been to the real streets, if you go to the they are at our business owners ban- congressional hearings on this pro- Main Streets, if you get out of Wash- quets and luncheons. These are the posal. It is a relatively new proposal. It ington and out of the beltway, you are community bankers we know and trust has been changed since it was first going to hear many hundreds, thou- and they know the businesses in their talked about over a year and a half sands of small businesses—and the areas and we know them in our dis- ago. In my view, it has been greatly Chairman himself said there are many tricts and in our States. improved, greatly strengthened. There creditworthy businesses out there that The question is: Will the Republicans have been congressional hearings. are having a hard time getting capital. stand with a majority of Democrats As I said, there has been a tremen- That is what the small business lend- and vote for small businesses? This is dous amount of attention on this issue. ing program does. the New York Times. This is terrible. I The President himself spoke about it in Mr. President, you have heard it see my friend from South Dakota in his State of the Union Address. It has yourself. In all our States we are hear- the Chamber. This is a terrible head- been debated in many different ways ing that. Those were some of the argu- line for his party: ‘‘Senate Democrats’ over the last year. ments the Senator made. I was pleased Plan to Aid Small Businesses Hits GOP No. 2, the Senator said her analysis is to hear her say that should the Senate Resistance.’’ that this bill will not save $1.1 billion; vote on this amendment and get 60-plus This is CQ Today: ‘‘Democrats Plan it will cost $6 billion. I do not know the votes—which, as we all know now is to Make Republicans Vote on Small- analysis she conducted. I have great re- the way the Senate operates, not by a Business Lending Fund.’’ We did not spect for her ability to analyze num- majority but by a supermajority—if 60 have to have this vote. We have been bers and understand details. She is one Senators say this is something they forced to have this vote. Why would we of the best around here. All I can tell want to do to help Main Street, to help even want to have a vote? After every- my colleagues is, the group we go to, small businesses—this is not about thing we have done to bail out Wall the agency, the authority on scoring Wall Street, it is not about bailouts, it Street, we now come to a plan to lend

VerDate Mar 15 2010 02:47 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.054 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6162 CONGRESSIONAL RECORD — SENATE July 22, 2010 money to Main Street and I have to colleague because, as one of the few we cannot go there because it might hear from Republican leaders who say small business people in this body, one look and smell like TARP. Are they no. who has had to knock on those bank- afraid of their own shadows? I don’t ‘‘Senate Set to Pass Small-Business ers’ doors to try to get a few dollars care what it feels like. It is what it is. Bill.’’ The reason we are in this dead- out of them to take a dream and make This is not TARP. lock is because Republican leaders, it reality, or one who has seen small The newspapers are starting to say, such as my good friend, have decided business and helped them expand, I ‘‘GOP Resistance.’’ I am not even sure that we cannot, after all this, after again thank you. This is going to have why the Republican Party would be TARP that was designed by President the biggest bang. As to the $30 billion, against this. Someone said to me: Bush, extended by President Obama to no one is forcing it onto these commu- Mary, maybe it is because they don’t bail out Wall Street and large banks, nity banks either; it is an option. If want anything to succeed so things now we have to hear: I don’t know. We they want to help small businesses—I will be so bad. have either run out of energy or run know many come to your office, come I said I can’t imagine that. out of will to help Main Street and to my colleagues on the Democratic We have to do what we can. I under- small businesses. side—$30 billion leverages to $300 bil- stand other people say the other parts Mr. BEGICH. Will the Senator from lion. This is a real economic boon and of the bill are very good, they are very Louisiana yield? I ask the Senator to a real opportunity, and is going to important. Let me tell you about the yield for a minute. build small businesses. big picture. There are two other parts Ms. LANDRIEU. Yes. I thank my colleague for giving me of this bill. One is a $12 billion tax cut The PRESIDING OFFICER. The Sen- these couple of minutes. I thank the part. The other is at the most, if the ator from Alaska. Senators from Florida for teaming up programs that Olympia and I put to- Mr. BEGICH. Mr. President, I wanted and also recognizing the value of this. gether, and we did it as a team—if they to come to the Chamber. I was watch- Mrs. LANDRIEU. I thank the Sen- work, the experts, say that it will le- ing on the floor last night, and I ator from Alaska. I am extremely verage $30 billion in lending—$30 bil- watched the Senator a little bit ago as grateful to both Senators from Florida, lion. So we have $12 billion in tax cuts, I came out of a meeting. I am not Senator LEMIEUX and Senator NELSON, $30 billion—that is $42 billion. That is a scheduled to be here. But as a small for their support. We all come here as lot of money, two parts. businessperson all my life—my first members of political parties. Some of This part, if this part works—which business license was at age 14. My next us come as Independents. But at the is why I am fighting for it—it is $30 bil- big venture was at age 18. I have been end of the day we are here to represent lion but it will leverage $300 billion. in the vending business, the real estate our States. We are here to represent This is a big part of this bill and I am business, the developing business. I the people who sent us. These Florida not going to leave it on the cutting have been a restaurant owner. I can go Senators are moving around Florida, as room floor without a real hard fight. Yes, there are three parts. There are through a shopping list. My wife owns my friend is moving around Alaska, as two important but small parts and four retail stores, a small business I am moving around Louisiana. We then there is one core big part. For woman. She started her business sell- know you cannot go anywhere in this country, from Alaska to Florida—and some reason the Republican Party ing smoked salmon on a street corner that is about as far as we can get, from leadership is saying we don’t like this in downtown Anchorage. She now em- Alaska to Florida—and not hear of the big core part. We want you to go with ploys 30-plus people, multiple stores, pain and the fear. It is not just pain, it these two parts. and works to engage other young, is downright fear on the part of a small I am saying, you know what, I am small business people to move forward. businessperson who does not know not going to do that without a fight, so There is no question that the legisla- when their next paycheck will come. this is the fight. This is the debate. tion the Senator from Louisiana has Every Monday morning they go to I want to say I am very thrilled to been working on—the broader issue on their small business with three or four hear we are winning because we just small businesses but specifically the employees, they turn the lights on, got a statement from GEORGE loan fund—is critical. She is right. they crank up the computer, and they VOINOVICH, who was not on the amend- The Senator’s point about how the look in the eyes of people with whom ment, that says: big banks got theirs and left the small they have worked shoulder to shoulder There is real need out there to provide business community literally, not on and they are thinking, Can I pay them some money to some of these businesses and Main Street, not even close to Main this week? get the banks back involved. We’ve got to Street—they were kicked off Main Is anybody not hearing this? I am start doing something. Voinovich dismissed Street. I thank Senator LANDRIEU for claims by fellow Republicans, including hearing it. The Senator from Alaska is Snowe and Republican Leader MCCONNELL, making this a big issue, pushing for- hearing it. The Senators in Florida are ward on it, and also working with Re- that the lending program resembles TARP hearing it. because it involves Treasury Department publicans to try to bring them over. It What are we going to do, close our loans to banks. Republicans have named it sounds as if she got one so far. I think ears and walk away, go home for the TARP, Jr. ‘‘I don’t buy that,’’ Voinovich he has made the right decision. He has August recess and say I am sorry, we says. ‘‘It’s just messaging.’’ seen the impact on small businesses in can’t do anything, after we have spent Thank goodness we have some Sen- his communities. a year and a half since President ators who can cut through, who are not The Senator from Louisiana was on Obama has been elected, sending bil- afraid, who are very direct. VOINOVICH fire last night, I have to say. She was lions of dollars to Wall Street, billions is one of them. making the point that this is the time of dollars to the automakers, and now I think we are going to win this to stand for small businesses because it comes time to spend $30 billion—not fight. I don’t know when the vote is they are the ones that are going to re- $700 billion, like TARP, not the billions going to be but I believe we are going build this economy, they are the ones that went to the automobile dealers— to win because the facts are on our that are going to hire people not next $30 billion? It is a lot of money, but not side. year, not 3 years from now because relative to that—to our community Having said that, I want to go back they want to hoard their profits. They bankers whom we know by name. Clyde to some things that Senator SNOWE are going to, as the economy recovers, White was in my office yesterday. Bob said because she is one of the most stu- hire immediately. Tailor was in my office yesterday. I dious and reliable people. People do fol- The small businessperson who has know these men and women. I trust low her. She gave a very good presen- two or three people working for them them. These are healthy banks. They tation—even though I am opposed to and their business increases 10, 20 per- did not have derivatives in their port- her position. cent, the odds are they are going to folios. They did not lend to people they I want to say there were three argu- hire someone the next day. did not know. They did not do the ments. There were six she made. There That is the power of this lending act, subprime lending. were three I want to counter right now. this amendment that is critical. I want Now it comes time to help them and She said there were no congressional to emphasize that point and thank my I have to hear from Republicans that hearings. There were two in the House.

VerDate Mar 15 2010 02:47 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.056 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6163 She said her estimate was it would These are not good headlines for the to the community banks,’’ but I am cost $6 billion. That might be fine, I other side. But we will see how debate trying to find a compromise. So I don’t know. But the only estimate that goes. And let me put up the inde- think, OK, we will structure the pro- counts is from CBO and it is $1.1. pendent bankers. These are 5,000 com- gram so we go to the private sector to She said the report of the watchdog— munity banks. We have them in all of lend. whoever they are, and I am going to our States: Independent Community They still come to the floor opposed find out, May oversight watchdog, said Bankers of America. to it. So the only conclusion I can they are not sure the program is going Senator MCCONNELL came to the come up with is they don’t want to to work. But the Chairman of the Fed, floor today and said he doesn’t like lend money to small business because who should know—he is following this this program. He thinks it might be they either don’t think small business pretty closely—said—and I will provide like TARP. I think I have explained needs it, they don’t trust their commu- that to the RECORD—said that it is that today, why it is not like TARP. nity bankers to do it, they don’t trust clear, on July 12, ‘‘it seems clear to me But let’s see what the letters to Sen- the private sector to do it, or they that some creditworthy businesses, in- ator MCCONNELL’s office are saying. don’t think there is any demand out cluding some whose collateral has lost This is a letter to Majority Leader there. I am going to point again to the value but whose cash flow remains REID and Minority Leader MCCONNELL NFIB study, which is the most conserv- strong, have difficulty obtaining the from the Independent Community ative organization in America, that credit they need to expand and in some Bankers of America: says in their own study that 45 percent cases even continuing to operate.’’ On behalf of the nearly 5,000 Members of of the businesses—their own members Those are three rebuttals to specific the Independent Community Bankers of report—are not able to get all their criticism. America, I write to urge you to retain the capital. I also want to say I am happy to hear Small Business Lending Fund in the Small I don’t know what else to say. Maybe that if this amendment does get on the Business Jobs Act. The SBLF is the core that headline is correct: ‘‘GOP, Tempo- bill—there will be other Senators com- component of this legislation and the provi- rarily Lost Their Way.’’ I don’t know. ing down to talk about this later this sion that holds the most promise for small I see my colleague from New Hamp- afternoon—that there might be a will- business job creation in the near term. Fail- shire on the floor. Since I have the ingness, if potentially other amend- ure to even consider the SBLF in the Senate floor, I want to engage her in a col- would be a missed opportunity that our ments could, potentially, be offered, to struggling economy cannot afford. loquy on this in a moment, because keep this in this important bill. This is The nation’s nearly 8,000 community banks this is a very important issue. She has an important piece of this bill. It is not are prolific small business lenders with the been extremely helpful as a member of something that we should leave on the community contacts and underwriting exper- the committee. cutting room floor. The House has al- tise to get credit flowing to the small busi- While she is getting ready, I want to ready voted on this. The President ness sector. The SBLF is a bold, fresh pro- go back to this argument again before spoke about it in the State of the posal that would provide another option for others come to the floor. Maybe they Union. Every small community bank- community banks to leverage capital and ex- want to speak against it. Again, let me pand small businesses credit. The $30 billion ask people listening: What would you ing organization, as well as the ABA, fund could be leveraged to provide as much the American Bankers Association, as a $300 billion line of credit. do? How would you fashion a bill if you have one group of people who hate the supports it. We have letter after letter. Let me They didn’t support TARP. They government so bad they won’t let the say one thing because I anticipate my didn’t even like TARP. They lobbied government do anything and you have good friend from South Dakota is going against TARP. some people over here who want the The big banks liked TARP because to be here to speak against it so I want government to do everything? So we to say this so he can hear me. If the they got all the money, but the com- crafted—Senator CANTWELL, Senator Democrats had taken the same $30 bil- munity banks—my community bank KLOBUCHAR, myself—something in the hated TARP. They didn’t want any- lion—which we had some support on middle, that says OK, we will use the thing to do with it. Do you think they our side to do direct lending. You know SBA. We will go through the private would write me letters of support? the difference. We could have given $30 sector. We have to help our small busi- They were furious with me when I billion to the Treasury through SBA. nesses, and we can’t build the kind of voted for it. Do you think they would We could have done direct lending. coalition we need. write me letters of support, which I There is a lot of support for that. I So I guess the opponents just say we have, saying they are for this program have letters in my office that say don’t should not do anything, that we should if it was like TARP? I don’t think so. give it to the banks because we are not just sort of go home and everybody go I trust my community bankers. I even sure we trust the small banks. We get ready for the election and pat our- trust my small business people. I don’t know we don’t trust the large banks. selves on the back for sending money know what to say about a congres- Nobody is giving us money. We think to Wall Street, sending money to big sional oversight group that says they the government could give us money. banks. But when it came to helping our are not sure it will work. Heavens, I said, as a Democrat I might be open Main Street banks and our small busi- maybe we should give them the benefit to that but I don’t think I could get nesses, we just walked away. of the doubt. one Republican vote if we did a direct Now, again, this bill has three com- That is what we are talking about. lending program because they will ponents. It has a small business tax Again, I hope this will be a bipartisan stand up and say: There you go again, cut, $12 billion of tax cuts. It is not the bill. ‘‘Community Bankers Support giving money to the government to estate tax cut. It is not the top rate tax Small-Business Jobs Bill.’’ lend. cuts. But it is zero percent—you pay ‘‘Senate Set to Pass Small-Business So I say to my people who are dying zero percent on capital gains earned if Jobs Bill.’’ for this direct lending: No, we can’t do you invest in a small business. It accel- These are headlines this morning. direct lending because I don’t think we erates depreciation for small busi- This headline, ‘‘Democrats plan to could get one Republican vote. nesses. It is $12 billion directly in the make Republicans vote.’’ I said: You know what might work is pocket, not of General Motors, not of I didn’t want anybody to have to vote if we let the private sector do the lend- General Electric, not of IBM, not big on this. I didn’t believe we should vote ing because they worship at the altar companies all over the world and coun- on it because it makes so much sense, of the private sector on every bill, tries, but small companies, $12 billion but, because the Republicans want us every day. So I say to the people over dollars of tax cuts. to vote on it, we are going to vote on here: I know that you think direct So I do not want to hear anybody it. I wouldn’t want to vote against lending would be better. It might be from the other side saying Democrats small business if I were them, but better. I have letters from business are not for tax cuts. We have $12 billion maybe they do. owners who are actually mad at their in this bill. We have strengthened some ‘‘Senate Democrats Plan Aid to community banks because their com- government programs. I know the peo- Small Businesses Hits GOP Resist- munity banks are pulling, so they are ple on the other side do not think gov- ance.’’ saying, ‘‘Senator, don’t give the money ernment can do anything well. But

VerDate Mar 15 2010 02:47 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.057 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6164 CONGRESSIONAL RECORD — SENATE July 22, 2010 government can do some things well. aggressively working with small business to are going to have opposition from some The Small Business Administration is create real economic opportunities and to people on the other side? The small well run and well resourced and sup- spur job growth where it is needed the most. business lending fund is not a bailout ported. It can do very good work for Why would they write letters like for sinking banks. It is a lifeline to our people. this? Do you think I sit in my office small business owners struggling to But there is a private sector compo- and draft them and then ask them to stay afloat in turbulent economic seas. nent. There is a private sector compo- send them to me? I do not write these It is not TARP 202. The small busi- nent; that is, depending on our commu- words. My staff does not write these ness lending fund is not aimed at help- nity bankers, that we know. We know words. They are writing them them- ing small banks. It helps the small their names. We know where they go to selves because what they are saying is, businesses themselves. The fund is de- church. We know where they live. They people in America are not hearing any- signed to help strong community know the people in our communities. thing from Congress about small busi- banks. There is a strength test to par- We can do a private sector approach, ness and small banks. ticipate. The program is not designed giving $30 billion that will leverage $300 All we hear about every single day is to prop up failing firms; it makes loans billion to get out to America to create big business and big banks. This bill to solid small businesses struggling to jobs. gives them hope that we are hearing get credit. If we cannot do that in this So I hope we will take this oppor- them, that we are listening, that we Congress, I do not know what to do. tunity. The Senator from South Da- are not isolated, and we are trying. I ask the Senator, my good friend, kota has been patient, and he deserves This program may not be perfect. But, perhaps she has some stories or she can his time to speak, even though he will heavens, it has gotten two congres- think of some things that she could be on the opposite side. So I am going sional hearings. It has gotten a posi- add to this debate to help me try to ex- to relinquish the floor for a few min- tive score. It has gotten endorsements plain and to get through because, obvi- utes and reserve the right to come from every bankers association and al- ously, we are not—— back. most every small business association Mr. THUNE. Mr. President, I object Let me inquire of the Senator, how we have. to the yielding of time to another Sen- long might you need? I see my colleague is here. Let me ator. This Senator has been waiting for Mr. THUNE. Well, let me, if I might just read one more letter. I know she 45 minutes to speak. may have a question or two for me. through the Chair, inquire from the The PRESIDING OFFICER (Mr. Senator from Louisiana, is there any This is the National Association for SCHUMER.) The Senator from Louisiana the Self-Employed. We talk a lot about sort of a time agreement for this dis- can only yield for a question. So if the small business. Let me be very clear cussion? Senator from New Hampshire has a Ms. LANDRIEU. There is not. But we with people listening. There are 27 mil- question, she may ask the Chair. could enter into one, if you would like. lion small businesses in America. If Ms. LANDRIEU. Through the Chair, I I would be happy to yield up to 10 or 15 anybody wanted to know, there are 27 would like to ask the Senator from minutes. million small businesses; 20 million of New Hampshire. Mr. THUNE. Well, I do not think—if that 27 million are self-employed. That there is no time agreement, then our means there is just one person—it The PRESIDING OFFICER. The Sen- side, I presume, would have an oppor- could be a self-employed lawyer, doc- ator from New Hampshire is recognized tunity to speak. I do not think there tor, accountant, et cetera, et cetera, for a question to the Senator from Lou- would be any limitation on that. self-employed fisherman, self-employed isiana. Ms. LANDRIEU. Then I will continue social worker, or psychiatrist. Mrs. SHAHEEN. I would like to begin to speak since I have the floor. The small business self-employed, by thanking the Senator who is chair I am going to just continue to talk they really struggle because it is just of the Small Business and Entrepre- about the bill. I see other colleagues them. So these small businesses we are neurship Committee for her leadership who are coming down to speak about talking about literally are just from and her work to put together, with it. I would just like to read some of the one person, the self-employed; 5 people, Senator LEMIEUX, this $30 billion small letters that have come to my office 10 people, 20 people. We lose sight of business lending fund. I know the Sen- supporting the provision. them. They are the ones creating the ator made some reference to this, but I This is from the National Bankers jobs. They are the ones taking the just wanted to point out and ask her Association: most risk. They are the ones that have because there has been a lot of criti- Dear Senator Landrieu: I write this letter hocked their house, their boat, their cism about this fund as being so-called, to you and the Members of the United States car to start the business. They are the the son of TARP. Senate in support of the LeMieux-Landrieu ones that depend on this business to I voted against TARP because I did amendment. In no segment of the U.S. econ- work because if it does not, none of not think we ought to be doing that. I omy is the need for lending to small business their kids go to college. Do you under- think this is not another Wall Street more urgent than in the distressed commu- bailout, that this is an effort to help nities that our banks struggle to serve every stand that risk? These are the busi- day. This recession has hit these commu- nesses I am fighting for. small businesses. I would just like to nities the hardest. The number of home fore- In these difficult economic climates ask Senator LANDRIEU whether she closures has wreaked havoc on these commu- in which traditional lending institu- agrees with me that this is not a bail- nities. The small businesses that are the en- tions have clamped down, the self-em- out; that, in fact, this is an effort to gines for economic activity desperately need ployed and microbusiness communities help Main Street not Wall Street; and access to capital. The U.S. economy will have been hit particularly hard, left that we need to do this so we can make begin to see real growth when small busi- without essential sources of operating sure our small businesses get the credit nesses get access to the capital that creates and the capital they need to operate? the opportunities for prudent lending. This capital. bill, with your amendment, is a vitally im- Now more than ever, America’s self- Ms. LANDRIEU. I thank the Senator portant piece of legislation. employed community, representing 78 for that question. I would like to re- I would like to say that again, under- percent of all small business in the spond. I do want to be courteous to the lined. They do not have to write letters United States, needs access to addi- other Members who are on the Senate like this to me. But it says: This bill, tional credit to weather this economic floor, and if we could get some kind of with your amendment—it could have storm and to grow their business. timeframe, then I would be very open just said: This bill without your The National Small Business Asso- to that. amendment, or, this bill with no ref- ciation, America’s oldest small busi- But let me respond to this question. erence to the amendment. But they go ness advocacy, urges us to support the It is an important one because the Sen- to the effort to say: small jobs bill of 2010 and the LeMieux- ator did not vote for TARP. The Sen- This bill, with your amendment, is a vi- Landrieu small business lending fund. ator from New Hampshire did not vote tally important piece of legislation. Its swift After bailing out our big banks and for TARP. Yet she is here as a cospon- passage will send a powerful message Wall Street, Congress finally has the sor of this amendment. So it gives us through the U.S. electorate that Congress is opportunity to help Main Street. We some idea that Members who did not

VerDate Mar 15 2010 02:47 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.060 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6165 vote for the Troubled Asset Relief Pro- speakers who want to come down after supporting the bill. There are many gram understand this is completely dif- that, they could go 15 and 15. provisions in here with which I agree. ferent. It is for healthy banks, not fail- Ms. LANDRIEU. I would agree to This particular provision, however, is ing banks. It is for small banks, not that. If the Senator wants to have 30 going to make a lot of Members un- large banks. It is for Main Street, not minutes now, then we will alternate, comfortable. We can say this isn’t Wall Street. through the Chair, 15 and 15. That is TARP, but if it walks like a duck, So the Senator is absolutely correct. fine. But I would say that this Senator talks like a duck, and acts like a duck, I know she wants some additional time has been on the floor of the Senate all it is a duck. This is TARP. Anybody to speak on the bill. So I would like to morning. I have given up a lot of other who thinks for a minute they are vot- ask my good friend from South Da- meetings that I could have been at be- ing for something that isn’t TARP kota, what is his intention? If we can cause this issue is very important. when they vote for this is, again, flat get—I would like to ask unanimous There was no one else on the floor wrong. This is structured precisely the consent that we just go back and forth, most of the time when I was speaking. way TARP was structured. It is de- 10 minutes each, if that would be OK? So I appreciate that. But I think this signed to avoid that label to encourage Mr. THUNE. I would say, through the issue is important enough. I ask unani- participation by banks, which I under- Chair, to the Senator from Louisiana, I mous consent, the Senator has said 30 stand. I don’t think there are many do not have an objection to some sort minutes on their side right now, and banks that would want to participate if of a time agreement. But the Senator then we will go 15, 15 for the next cou- they knew they were getting into from Louisiana has been speaking now ple of hours. TARP. But this is essentially TARP. It since I have been here, for close to an The PRESIDING OFFICER. Without has been relabeled and renamed, but we hour. It would seem to me that if we objection, it is so ordered. can’t get away from the basic fact that are going to do this in an equitable The Senator from South Dakota is it continues to be an extension of way, some speakers on our side would recognized for 30 minutes. TARP simply to small businesses or to have a comparable amount of time to Mr. THUNE. I do appreciate the ef- smaller lending institutions, the as- make our points with regard to the fort that is being made by the Senator sumption for which the TARP was amendment of the Senator from Lou- from Louisiana to assist small busi- made available. isiana. nesses around this country. Frankly, As to the capital purchase program Ms. LANDRIEU. That would be fine. there are many provisions in this bill I under TARP, reading from the quar- No one was down here except you have think people on both sides agree with. terly report of the special inspector been waiting for a while. So I am per- I have, as a member of the Small general for TARP, it says that of the fectly happy, through the Chair, to Business Committee, a number of these 707 lending institutions that partici- say, if we can come to some agreement, provisions that I have supported in the pated in the original TARP, 625 had as- maybe the next 20 minutes on their past. I think many of my colleagues sets of less than $100 million. I realize side, then 10 minutes here, and another probably have as well. So to suggest for $100 million is still a lot of money. 20 there, until we catch up, would be a minute that the Republicans are There are a lot of banks in my State fine with me for the next hour. So 20 somehow standing in the way of pass- that have nowhere close to that minutes, 10 minutes, 20 minutes, 10 ing this small business bill is just amount of assets. But if we take the minutes, and then we will continue. wrong. There is clearly a lot of Repub- total number of lending institutions The PRESIDING OFFICER. Is there lican support for many of the provi- that participated in TARP, which is objection to the proposal? The Senator sions that are included in this bill. 707, 625 of those or more than 80 per- from South Dakota. In fact, I will mention the increased cent were banks with less than $100 Mr. THUNE. If I can say through the loan size and guarantees for SBA (7)(A) million in assets. There was participa- Chair, to the Senator from Louisiana, I and 504 loans; temporary fee reductions tion by smaller banks. It wasn’t only was just conferring to see what speak- for (7)(A) and 504 loans, updates to the big multibanks that were partici- ers we have on our side. I think Sen- SBA’s outdated size standards, and pating in the program. It was a lot of ator SHELBY is coming down. I do not much needed tax relief through meas- these $100 million and smaller banks know long he intends to speak, but I ures such as bonus depreciation, sec- that were participating originally in would like to speak for up to 15 min- tion 179 expensing, and allowing busi- TARP. utes or thereabouts. My assumption is ness credits against the alternative The other point that has been made that he would want to speak for a good minimum tax, those are all things that is that somehow this is different in the amount of time. there will probably be large bipartisan sense that this is going to actually So we might want to expand the support for in the Senate. The issue we raise revenue for the Federal Govern- amount of time the Senator has sug- are having a debate about now is ment. The TARP, projections are, will gested in terms of the agreement. whether the Senator from Louisiana cost Federal taxpayers $127 billion Ms. LANDRIEU. Fifteen minutes should be able to amend the underlying when it is all said and done. We hope each? Through the Chair, may I sug- bill with a provision that would create that is not the case. We hope that num- gest that we just go back and forth 15 a small business lending fund. ber is smaller, but that is what the es- minutes each, until the leadership de- The point has been made by the Sen- timates are with regard to how much cides how they want to proceed. I think ator from Louisiana that somehow it is TARP will cost Federal taxpayers. This that would be fair. I know I have been just Republicans who are opposed. The particular $30 billion reincarnation of speaking. fact is, there were objections to that TARP, created specifically for smaller The PRESIDING OFFICER. Is there provision on both sides. That is the lending institutions, it has been esti- objection to the proposal made by the reason it is not in the base bill. It was mated by the CBO, will actually gen- Senator from Louisiana? The Senator originally in the base bill. It was erate a budget savings of $1 billion. from South Dakota. dropped from the base bill at the re- How do they come at that? CBO, at the Mr. THUNE. Let me just say, if I quest of the majority leader and the request in the House of Representa- could, to the Senator from Louisiana, I chairman of the Finance Committee, it tives, where this originally passed, do not have any objection, I think, if is my understanding. This particular used a different accounting method in we got back on a 15-minute—the ping- provision is not only objected to by Re- determining the cost or the budgetary ponging back and forth one side to the publicans; there is Democratic opposi- impact of this version of TARP versus other. I do think, however, the Senator tion as well, which is why it was once the original version. from Louisiana has spent a good in the base bill and is now no longer in The CBO also noted that if the ac- amount of time talking for nearly, the base bill and is being offered as an counting conventions that were used to since I got over here, an hour. If we amendment to the bill by the Senator consider the budgetary impact of the might have an opportunity to catch up from Louisiana. original TARP were applied to this $30 a little bit. I rise in opposition to the amend- billion TARP carve-out, it would cost So perhaps we could have a half hour ment. I, in all likelihood, depending on Federal taxpayers or would score $6 bil- for our side, and then if there are how it plays out, may very well end up lion. Again, it is because this scored

VerDate Mar 15 2010 02:47 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.061 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6166 CONGRESSIONAL RECORD — SENATE July 22, 2010 differently. If this fund were scored as nesses. We have passed a $1 trillion lending, the fund we are currently de- they scored TARP, which was on a fair stimulus bill which has done very little bating. She says: market basis adjusted for a market- to help small businesses. If we had been The small business lending fund looks un- risk basis, then it would cost $6 billion. having this debate when the stimulus comfortably similar to TARP. Like the cap- This is being scored on a cash basis as debate occurred, there might have been ital purchase program under TARP, the raising over $1 billion. That is what the more support. But at the time, a very small business lending fund injects capital CBO is saying. If they used the same small fraction of the total amount, into banks assuming that an improved cap- accounting conventions applied to the about one-third of 1 percent of the ital position will increase lending, despite amount that was spent under the stim- the lack of evidence that the capital pur- original TARP, this program would chase program did. have a budgetary impact of $6 billion, ulus bill to try and grow the economy That is a direct quote from this re- rather than the $1 billion savings being and create jobs, was actually directed port by the congressional oversight reported by the proponents of the legis- at small businesses. It was a nonfactor panel. She goes on to say that ‘‘such a lation. in the debate during the stimulus. We I make that observation to point out spent $1 trillion, most of which has fund runs the risk of creating moral that when people who are voting for been used to create jobs in Washington, hazard by encouraging banks to make this think there may not be any con- DC, in the Federal bureaucracy. We loans to borrowers who are not credit- sequence with regard to the fiscal im- haven’t done anything to provide the worthy.’’ pact this could have, they are not tak- incentive for small businesses to create We have a lot of folks who have fol- ing into consideration the full picture. jobs. lowed very closely what happened with There was a change made in the way It is going to get worse because, as TARP who are expressing reservations CBO scored the original TARP and the we all know, next year, the 2001 and about this particular lending program way they have scored this particular 2003 income tax cuts expire, at which and how it might impact the Federal program. If we use the same conven- time, if no steps are taken, the rates budget. If we use the same scoring con- tion or the same accounting conven- are going to go up on small businesses. ventions applied to the original TARP, tions applied to the original TARP to The other side will argue that we will it comes in at a cost of $6 billion as op- this TARP, we would be talking about insulate and protect people under posed to a savings of $1 billion. When a $6 billion cost to taxpayers as op- $250,000 from these tax increases, we completely throw away the ac- posed to $1 billion in savings. $250,000 for a married couple and counting manual and use a different It strikes me that there is great ef- $200,000 if one is single. The point Mem- accounting convention, we get a dif- fort being made to convince people this bers of this body need to remember is, ferent result. But the risk still exists. is not a TARP program. I wish to point 50 percent of small business income is The CBO has made that clear in their to the White House’s talking points taxed at those top two marginal in- analysis. When we look at what the that admit that the ‘‘program would be come tax rates. When we raise those congressional oversight panel says separate and distinct from TARP to en- top marginal income tax rates—the 35 with regard to how this will resemble courage participation’’ and that ‘‘the percent rate up to 39.6 percent and the TARP, the risk they recognize inherent Administration’s proposal would en- 33 percent rate up to 36 percent—we are in that, as well as the limited effective- courage broader participation by imposing tax increases on small busi- ness of the original program in encour- banks, as they would not face TARP nesses. That is what small businesses aging banks to participate, this is a restrictions.’’ have to look forward to next year. It is path down which we should not go. These restrictions include executive no wonder small businesses are not cre- There are things in this bill that are compensation rules, warrant require- ating jobs. We continue to pile these good. There are things that will attract ments, and a variety of other things. new mandates, new taxes, new compli- bipartisan support in the Senate that But my point is, this is the same ance and regulatory burdens on them. Members on both sides are in favor of. flawed structure. This is the same We expect them to go out and create But the reason this provision was basic mechanism used to create the jobs. stripped out wasn’t because Repub- TARP. Most people here, Members on Look at the proposal for energy, the licans alone objected. There were both sides, have great apprehension cap-and-trade proposal. It would put a Democratic objections as well. It was about how TARP was used. Again, to punishing new energy tax on small taken out of the base bill. It is now Members who will be voting for this businesses. At every turn what we see being offered as an amendment for that particular reincarnation of TARP, if is Washington, DC, and the Congress reason. It is not Republicans who are they didn’t like voting for TARP the taking steps detrimental to job cre- trying to stop us from doing things first time, they probably should not be ation and making it more difficult for that will help small business. The best voting for this. We are essentially the very small businesses that are the thing the Senate can do to help small doing the same thing, but we are pur- economic engine of our society to cre- business is to quit putting new man- posely removing some of the very safe- ate jobs. dates, new taxes, and new regulations guards created under the TARP. There are some things in this legisla- on them. Then they will see the kind of There are better ways of helping tion that are good. There are some tax certainty they need to create jobs and small businesses. We have 9.5 percent incentives for small businesses. We are get the economy growing again. unemployment. We are trying to en- talking about a provision now, an I yield the floor. courage small businesses to create amendment that would be added to this The PRESIDING OFFICER (Mrs. jobs. Yet here we are talking about bill, a $30 billion mini TARP which we SHAHEEN). The Senator from Alabama. going back to the old playbook and have all seen work in the past. I don’t Mr. SHELBY. Madam President, who trying to somehow make this look bet- think anybody here would want to go controls the time? ter and sound better and put different down that path again, if they knew The PRESIDING OFFICER. The Re- lipstick on it and say this is a new pro- that is what they were voting for. That publicans control another 14 minutes 50 gram, when it is essentially something is why this incredible effort is being seconds at this point. we are all familiar with. If we want to made to relabel what this is. That is Mr. SHELBY. Madam President, I help small businesses, we should get why they are changing the language in rise to oppose the Landrieu amend- our foot off their throats. Let’s get describing this. But the fact is, we are ment. Only 1 day after the President Washington’s foot off the throats of talking about the same thing. signed the Dodd-Frank financial regu- small businesses. I wish to read some quotes from the lation bill into law, at that time pro- Everything being done here in terms TARP congressional oversight panel, claiming an end to taxpayer-funded of public policy in the last year or year which is headed by the administra- bailouts, we find ourselves debating an- and a half is going to make it more dif- tion’s rumored choice to head the new other bailout bill on the floor of the ficult for small businesses to create Consumer Financial Protection Agen- Senate. Just last week, we were told by jobs. We have passed a $1 trillion ex- cy, and that is Elizabeth Warren. She the majority that the mere passage of pansion of health care which imposes has expressed skepticism that it will be Dodd-Frank would help revive our new mandates and taxes on small busi- effective in increasing small business damaged financial system.

VerDate Mar 15 2010 02:47 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.062 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6167 The bill was heralded as a thoroughly and taxpayers again would take the tax incentives in the underlying bill, considered and comprehensive piece of hit. I believe American taxpayers have along with some other changes that are legislation that would restore con- lost their appetite for bank bailouts. being made in some of the Small Busi- fidence in our financial system and re- Finally, I also want to note that the ness Administration lending programs, vive our economy. What a difference a legislation appears to exempt loans that I think will get widespread sup- day makes. made under this program from existing port in the Senate. But I believe this If Dodd-Frank is really going to re- underwriting regulations. The bank particular provision, for many of the vive our economy, why do we need this regulator would then have the author- reasons I have mentioned and others bill? I think the answer is clear: The ity to decide what types of under- have mentioned on the floor, is going majority knows the Dodd-Frank legis- writing standards apply to these loans. to find a considerable amount of oppo- lation is going to reduce lending and I believe this raises at least two issues. sition, and I would expect that to be bi- undermine economic growth by impos- First, if the multitude of regulations partisan opposition. ing more regulations and taxes on required by Dodd-Frank are really nec- In the few minutes I have remaining, banks. They know, I believe, that essary, why does this bill provide a what I would like to do, if I could, is Dodd-Frank will do nothing to increase carve-out for loans made under this wrap up with a couple of basic observa- the availability or reduce the cost of program? Second, what statutory pro- tions. loans to small businesses. But, rather tections are there to ensure these loans I know the Senator from Louisiana and others have talked about the dis- than create a new regulatory system to are underwritten in a safe and sound cussion they have had with lenders in strengthen our private sector, the ma- manner so we do not create hundreds of their States and some of the various jority decided to expand significantly new Freddies and Fannies? The answer, associations that represent their the old system, thereby increasing the sadly, is none. States. I also had the opportunity a regulatory burden on American busi- This legislation would continue the couple days ago to visit with a number nesses—small, medium, and large. majority’s assault on American busi- of my bankers in South Dakota, most I believe this is the same old song ness by having the government dictate of whom believe this legislation is un- and dance: expand the reach of the how and to whom loans are made. Each necessary because they think it is not heavy hand of government, increase participating bank would have to pro- an issue of having funds to lend, that taxes and the cost of doing business, vide the government with a business there are funds to lend out there, and and then complain that the private sec- plan for review. Rather than having the question really is trying to find the tor is not working. We have heard this loans approved based on the credit- types of deals, the types of borrowers before. Once the American business worthiness of a borrower, politics will who could make payment in a timely owner is sufficiently encumbered, the now play a role. We should let the mar- way. Hopefully, there will be more bor- only alternative must be a brandnew ket, not bureaucrats, decide which rowers who are qualified. big government program, such as envi- businesses get loans. Unfortunately, One of the reasons I think they do sioned here. How do we pay for this the majority party is once again sacri- not qualify is because there is so much new ‘‘necessary’’ government program? ficing our core economic values for a uncertainty about what the rules of We borrow money from future genera- short-term economic gain. the game are going to be going for- tions. Does that sound familiar to peo- The lack of credit for small business ward. If you are a small business in ple here in the Senate? is a problem that needs to be ad- America today, you do not know what This amendment is intended to help dressed. I fully support the Banking is going to happen on the estate tax, small businesses—a goal we can all Committee examining the issue and the death tax. I hear that all the time support. Yet, in practice, the legisla- hope Chairman DODD would consider from farmers and ranchers and small tion would create a second TARP. Re- holding a hearing on this issue. I think businesses. You do not know what is member TARP? A lot of people wish it is very important. It is relevant, and going to happen with regard to taxes they had not voted for it. Like TARP, it should come out of the committee. I on income, on capital gains, on divi- this program does not lend money di- do not, however, believe we should try dends. All those things are set to go up rectly to small businesses. It would to solve this problem with another ex- next year if steps are not taken by have the government take ownership pensive and bureaucratic government Congress to prevent that from hap- interest in hundreds of banks and then program. TARP II is something we do pening. You have the new health care require that they make loans. This is not need and I hope will not be sup- mandates which many of the small TARP II. In fact, banks could replace ported in the Senate. businesses are still trying to react to original TARP money with funds re- The PRESIDING OFFICER. The Sen- and figure out—when this gets imple- ceived from this program. ator from South Dakota. mented, what impact is this going to As I said, just 1 day after the enact- Mr. THUNE. Madam President, how have on my small business and my cost ment of Dodd-Frank, which contained much time is left of our allotment? structure? You have the prospect loom- a provision to speed up termination of The PRESIDING OFFICER. Eight ing out there of a new energy tax under TARP, we are voting on an amendment minutes 8 seconds. some sort of cap-and-trade or climate to extend TARP for at least another 10 Mr. THUNE. Thank you, Madam change proposal that continues to be years. President. discussed here in Washington, DC. So To force banks to participate in this I thank the Senator from Alabama there is this cloud of uncertainty sur- program, this legislation would sub- for his eloquent remarks as a key rounding businesses in this country sidize bank financing. Banks would member and the ranking Republican and I think also lenders who are look- generally pay dividends on the govern- member of the Banking Committee, as ing at businesses in this country and ment equity investments at rates rang- someone who is very knowledgeable of wondering whether these businesses ing from 1 to 5 percent. The current the impacts these decisions we make are going to be viable in the future if market yield on such investments, here in Washington have on our finan- they are hit with all these new taxes, however, is between 7 and 8 percent. cial institutions across this country. I new regulations, and new mandates. Hence, any bank that chooses not to think he is someone who has gone So I think the better course for us to participate could find itself at a com- through, as many of us have, this expe- take is to look at ways we can liberate petitive disadvantage. Moreover, this rience with TARP, and his comments small businesses from regulations and legislation forces taxpayers to what? are particularly on point. So I thank taxes and mandates and enable them to Subsidize banks once again. In effect, him for being here and for speaking to go out and do what they do best; that we are taxing small business owners to this issue. is, create jobs. But, frankly, I do not pay banks to lend to small businesses. As my colleague from Maine also believe, notwithstanding the argu- Even worse, the government’s equity noted earlier today, I think there is ments that are being made by the investments would be subordinated to pretty broad opposition to this par- other side, that going down the path all of a bank’s existing debt. As a re- ticular amendment, notwithstanding toward another TARP—again, $30 bil- sult, if a bank fails, existing creditors the support many of us have for the un- lion is a significant amount of money. would get paid before the government, derlying bill. As I said before, there are It is tax dollars we put at risk.

VerDate Mar 15 2010 02:47 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.064 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6168 CONGRESSIONAL RECORD — SENATE July 22, 2010 Again, the reason the CBO scored available to small businesses in this the ranking member of the Banking this at a $1 billion savings is because country. Committee, because I know I heard they did not take into consideration, So I would, with that, reserve what- him say this bill didn’t go through the with the methodology they used in ever time we have. I guess I yield back Banking Committee: I wish to agree, scoring it this time, market risk. They the remainder of my time—I assume it and thank God it didn’t. Because you did when they scored the original is about gone—and will wait for some know the last two bills that did? One TARP. If they used the same account- other speakers to come down. was TARP I, which nobody likes. Then ing conventions in making their anal- The PRESIDING OFFICER. The Sen- TARP II came through that com- ysis of the budgetary impact of this ator from Louisiana. mittee, and then the big bank regu- particular provision as they did with Ms. LANDRIEU. Madam President, latory bill came through that com- the original TARP, it would not result before my colleague leaves the floor, I mittee. So I hope the ranking member in a $1 billion savings; rather, it would want to say I did not realize he was isn’t trying to convince me or the Re- result in a $6 billion cost to the Federal such a fan of Elizabeth Warren. I was publicans that that committee has pro- taxpayers. I think that is important to really under the impression that he duced great legislation. I say that with point out in this debate going forward. and some of the leaders on that side respect to the chairman of the com- Let me, I guess just to close, at least had some objections to her style of mittee. I know he is going to hear this temporarily, while other speakers per- leadership. But they surely have and be aggravated. But to stand up and haps come down to talk about this, say quoted her today because she was the say because the small business lending that the White House’s talking points, author of this oversight report to bill didn’t go through the Banking as I mentioned earlier, make it abun- which they keep referring. So I am so Committee, which has been roundly dantly clear that this really is a TARP. happy to know that the Senator from criticized by their side for too much They are trying to disguise it and call South Dakota and the other Senators regulation, is more than I can stand. it something else because they want who have spoken think so much of Thank goodness, this didn’t go bankers to participate and they know Elizabeth Warren because she is the through the Banking Committee. It came straight from the hearts of bank- bankers will not participate if they one who wrote this report that said ers in our communities and small busi- think they are getting into a TARP. this might look like TARP II. These are the talking points from the Now, that is what Elizabeth Warren nesses who don’t need any committee White House which admit, again, that says, and evidently my good friend in Washington to tell them what is the ‘‘program would be separate and from South Dakota really appreciates going on at home. They don’t need any distinct from TARP to encourage par- the leadership she is giving on this sub- lobbyists to tell us what is going on. ticipation.’’ It goes on to say that ‘‘the ject. Because the community bankers— They can’t get money. We have given Administration’s proposal would en- not Elizabeth Warren, not bureaucrats out money to Wall Street. We have given out money to the big auto com- courage broader participation by in Washington, whom the Senator from panies. When it comes to giving out a banks, as they would not face TARP South Dakota is defending—his own small $30 billion to our own community restrictions.’’ Again, as I said, these re- community bankers—yes, in South Da- banks, the Republicans say no. strictions the White House is referring kota, his community bankers—wrote Then I have to hear the Senator from to include restrictions on executive to HARRY REID and MITCH MCCONNELL, Alabama and the Senator from South compensation and warrant require- his leader, on behalf of the nearly 5,000 Dakota—and I want whoever is listen- ments, to name a couple. members of the Independent Commu- ing to hear this: They say this is a big So this really is—if you look at the nity Bankers. A Communist group, a government program. The money way this breaks down and you compare very liberal group this group of inde- doesn’t even go to the government; it it side by side with how TARP was pendent community bankers is. A big goes to the community banks. It is a structured, it very much is the same government group independent com- voluntary program to community thing. munity bankers are. They have written banks, and it then goes to business. We can call it something different. a letter to the Senator from South Da- I will say again that there were We can label it something different. We kota. Evidently, he did not open his Democrats who came to me and said— can disguise it. We can try to make mail today. I am the chair of the committee—Sen- people feel better about voting for it. Madam President, they write: ator, we don’t trust the private sector. But what you see is what you get, and I urge you to retain the Small Business We don’t think that if we give them what you get and what you see here is Lending Fund in the Small Business Jobs this money, they will lend to our small TARP by another name. Act. It is the core component of this legisla- businesses. Can’t you do a direct lend- tion. So I do not think it is necessary for ing program? There is a lot of support us to be going down this path again. Mr. THUNE. Would the Senator for a direct lending program. But We have tried that once. When we did yield? knowing the GOP the way I do, I said try it the last time, of the total num- Ms. LANDRIEU. No, I will not yield. to my friends, my colleagues: You ber of banks—707—that participated in I will say one thing to the Senator know, if I thought I could get one or the capital purchase program under from South Dakota. If I took out the two or three Republicans for a govern- TARP, 625 had assets of less than $100 words ‘‘big government,’’ ‘‘taxes,’’ or ment direct program, I might do that million. So this is something that has ‘‘regulations,’’ neither the Senator because it would be more efficient, but been tried, and it certainly does not from South Dakota nor most of the they are so mad at the government seem, in my view, something we ought Members on the other side could finish right now and they have everybody all to be trying again. There are a lot of a sentence, because they can’t debate a riled up, so let’s do it through our com- other ways to provide incentives for specific. He gets up and starts talking munity bankers whom we know, whom small businesses to create jobs. Some about higher taxes and more regula- they know and support. So we craft the of them are in this bill, and for that I tions. This bill has tax cuts in it. This program to be a voluntary private sec- congratulate the Senator from Lou- bill doesn’t have any regulations in it. tor lending program to healthy banks, isiana. I worked with her as a member This is a small business lending pro- and they want to say no, because, they of the Small Business Committee on gram. My good friend, the Senator say, it is like TARP. some of those provisions. But this one from Alabama, read the statement Well, let me tell my colleagues one really is a bridge too far. It is not written by the political operatives Senator who is a Republican who something we need to be doing. It is beautifully. I am sure I will hear it on doesn’t think it is TARP, and that is not something the taxpayers of Amer- the Rush Limbaugh radio program Senator LEMIEUX from Florida. An- ica need us to be doing. I would argue, today. other Senator who doesn’t think it is as well—and this is based, again, on I don’t need a speech to read. I have TARP is the good Senator from Ohio, conversations I have had with lenders hardly read one thing except the thou- GEORGE VOINOVICH, who says it is not in my State of South Dakota—this is sands of letters that are pouring in, TARP. not something they think is necessary asking us to help small business. I will But the Senator from South Dakota, when it comes to making more credit say with as much respect as I can to who came to talk about how we can’t

VerDate Mar 15 2010 02:47 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.065 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6169 help small business, actually voted for commitments and basically became a no options. Instead, the same bank charged TARP. The Senator who just spoke house of cards, and they brought down an almost 50 percent interest rate through against this provision voted for TARP, our entire economic system. the finance company. So what was our response to that? There is nothing worse to an entrepreneur to give money to banks and big banks than to have the foundation and determina- with no strings attached. Yet he comes Our response to that was to bail out tion of their survival caused by this eco- to the floor and now he can’t help our the big banks and give them assist- nomic calamity and then to feel that State community banks in their efforts to ance. and Federal agencies would rather see your help small businesses. Every commu- What happened to the community doors shut than work with you. We are hon- nity bank, independent bankers, ABA, banks? As deposit insurance basically est, hard-working Americans who want to they are all supporting this. They was paid out in various forms, that pay all our debt, but these agencies are un- didn’t support TARP; many of them said to those community banks: You compromising and missing the human factor. did not. They were afraid of it. They now have to have higher capital stand- Missing the human factor. Why is it didn’t like it. They still complain ards. Can my colleagues imagine that? that the other side of the aisle thought about it. This isn’t TARP. Can my colleagues imagine that? We it was such a priority to bail out Wall I know my colleague is here from the had big banks such as Goldman Sachs Street, but now a well-crafted piece of State of Washington. How much more and others that basically had imploded legislation that is a lending program time is remaining? and we gave them taxpayer money and, that is voluntary—banks don’t even The PRESIDING OFFICER. There is basically, then said to the community have to participate in it if they don’t 8 minutes remaining. banks: You need to have more capital want to; it is not like TARP which was Ms. LANDRIEU. Madam President, I within your banks. That is what we mandated on the banks to participate— wish to yield the 8 minutes to the Sen- said. why is it the other side doesn’t want to ator from Washington, who was ex- So what did those community banks see the success of these small busi- tremely instrumental in designing this do when regulators told them they had nesses? program. Perhaps the Senator knows I to have higher capital requirements? As my colleagues have said, this pro- am evidently having some difficulty They did what many of them only had gram is a well thought out program to explaining to some of the Senators one choice to do, which was come up help recapitalize the community banks from the other side how this is not like with situations to either get more cap- as more requirements were put on to TARP. Maybe the Senator from Wash- ital or stop their lending. The con- them as it related to the economic cri- ington can do a better job than I have sequence is that there was a lot of sis of 2008. Imagine that. No questions been able to do. I wish to thank her for lending that was done to small busi- asked to the big banks; they were given coming to the floor. I yield 8 minutes nesses that suffered as a consequence a bailout. Small banks got new capital to the Senator from Washington. of those actions. Imagine that. The requirements. They cut thousands and The PRESIDING OFFICER. The Sen- practices of the larger banks of invest- thousands—probably millions—of lines ator from Washington. ing in credit default swaps and deriva- of credit; that is, performing loans to Ms. CANTWELL. Madam President, I tives that had no basis ended up cost- businesses across America were cut out thank the chair of the Small Business ing small businesses their access to from under them. Committee. I see my colleague from capital because capital requirements The voices are loud and clear across Washington is already here on the were put on small businesses through America. They want us to help restore floor. Did she wish to say a few words? their banks at the same time large this kind of stability through access to Mrs. MURRAY. Madam President, I banks were given a bailout. capital for small businesses. This is a am happy to yield to the Senator from So no, no, this is not a bailout. This program that can generate $1.1 billion Washington to go first and then I will is about a lending program for small to our economy and reduce our Federal follow her. business to save Main Street and save deficit. It will help stabilize in a way Ms. CANTWELL. I thank my col- our economy, because this Senator be- that these other programs have not league from Washington. I know she lieves that job creation happens from been able to do, and it will create the too has been very active in this issue small business. That is a proven fact. job growth we need to see in America. and has spoken on it and has urged our Seventy-five percent of the increase in I hope my colleagues will support leadership, in signing a letter, I believe jobs comes from small business, but this important legislation. I know probably 6 months ago, that we pass right now they can’t get access to cap- some on the other side of the aisle this legislation. I wish to thank again ital. want to name this some other legisla- the chair of the Small Business Com- Here is a letter from one of my con- tion. But the truth is that this is about mittee for her advocacy. stituents: Main Street, whether one’s perspective This literally is an issue about Main In unprecedented times I am writing to is that Main Street is going to help us. Street versus Wall Street. This is you to express and urge relief for small busi- I believe Main Street will be that job ness owners who are struggling to survive creator. I hope my colleagues on the about whether we are going to help and who can be one of the key factors to im- Main Street in tough economics times, proving the U.S. economy. We have been a other side of the aisle will think about or whether we are going to continue to small business for over 9 years and have 5 this and the consequence of the votes say that Wall Street gets the ear of restaurants in Washington State and we cur- they have already taken. It is so im- Congress. rently employ 150 people between five oper- portant for us to say that we under- I am someone who didn’t vote for ei- ations. Until September of 2008, our business stand their plight, just like the gentle- ther of the TARP pieces of legislation. was stable and we were expanding and adding man’s letter that I read. It is impor- I know my colleague, Senator SHELBY, jobs and tax dollars to the State and Federal tant for us to say we understand the the ranking member of the Banking coffers. But then in September of 2008, after frustration they have been through; signing a 20-year lease for our first Arby’s Committee, was here speaking about project— that we are on their side in making this. I can assure my colleagues that sure small business gets access to cap- that is a restaurant— this legislation is focused at the prob- ital; and that we believe our economy our lender pulled our financing due to eco- lem that was caused by Wall Street. nomic conditions. This was the same lender isn’t about the big banks. It is about Many people across America are asking that just 3 months earlier had refinanced those millions and millions and mil- when we are going to stand up for over $3 million of our business debt. And lions of entrepreneurs every day who small businesses in America and help even though we had excellent personal and go out there and are hard working and Main Street recover from this eco- business credit, two business properties as who have been told no, no, no—told nomic disaster. collateral, good cash flow, we were forced to even on their lines of credit, no, you How did we get into this situation? take high-interest equipment leases, ad- can’t have access anymore. We need to We got into this situation when large vances from credit cards, as well as cash ad- right that wrong that happened over banks failed because of their active vances with an almost, yes, 50 percent inter- est rate from finance companies with an 18- the last year and a half and get capital participation in things such as credit month term. flowing again to small businesses. default swaps and other derivatives We tried going directly to the bank to fi- I thank the Chair, and I thank the that weren’t truly backed by financial nance the company, but we were told we had chairwoman of the Small Business

VerDate Mar 15 2010 02:47 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.066 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6170 CONGRESSIONAL RECORD — SENATE July 22, 2010 Committee. I see my colleague from since 1948. It was the first bank that al- ness owners have the credit they need Washington, who has been outspoken lowed the people who lived there to do to grow and hire. about this since January, the impor- their banking without having to take a That is, in fact, why last year I intro- tance of getting this done, and has ferry ride all the way to Seattle. duced the Main Street Lending Res- written many letters to try to empha- Over the years, American Marine toration Act, which would direct $30 size how critical it is to our Wash- provided the capital that allowed Bain- billion in unused TARP funding which ington State economy. bridge Island and other areas of our was supposed to go to Wall Street, The PRESIDING OFFICER. The Sen- Olympic Peninsula to grow into self- back to our community banks that are ator from Washington should know sustaining economies, to grow from under $10 billion, so they can unlock that the 15 minutes for the majority very sparse farm areas into suburbs the vaults and start to lend to small has expired. that included thriving small businesses businesses in their communities again. Mrs. MURRAY. Madam President, I and family-wage jobs. It is exactly why I spoke to Sec- ask unanimous consent to speak for 10 An article that ran in the hometown retary Geithner and President Obama minutes. Kitsap Sun newspaper after the col- about this directly—and why I have The PRESIDING OFFICER. Without lapse captured what the bank’s failure been pushing so hard to make small objection, it is so ordered. meant for local businesses and fami- business lending a priority. Mrs. MURRAY. Madam President, I lies. I have felt strongly that we have to ask unanimous consent that the next In the article, Larry Nakata, presi- be more focused on community banks Democratic Senator to speak be the dent of a local grocery chain, said if we are going to make progress and Senator from New Hampshire, the Pre- American Marine had been his bank bring true recovery to Main Street siding Officer. since the day his store opened and businesses again. It is why I am so The PRESIDING OFFICER. Without noted that over the past 52 years he has proud to stand here today and support objection, it is so ordered. gotten repeated loans from American this amendment that will create the Mrs. MURRAY. I wish to thank Sen- Marine over time to build new stores, small business lending fund and State ator CANTWELL, Senator LANDRIEU, and expand, and hire new workers. In that small business credit initiative. all of those on our side who have been same article, Mary Hall, a local busi- The small business lending fund working so hard on this issue for so ness owner, talked about how a former takes a most powerful idea from my Main Street Lending Restoration Act long. CEO of American Marine believed in and sets aside $30 billion to help our As all of us know, small businesses her enough to give her a loan to start community banks—those with under are not only at the heart of our com- up her paint company back in 1984, $10 billion in assets—to help them get munities, they are at the heart of our which still serves the community the capital they need to begin lending economic recovery. They provide se- today. money to our small businesses again. cure, stable jobs. They drive the inno- Jeff Brian, a movie theater owner It would reward the banks that are vation that provides economic growth there, talked about how American Ma- helping our small businesses grow by and expands opportunity for all. They rine provided the loans he needed to reducing interest rates on capital they are the foundation on which we build buy new land and open new theaters. receive under this program. our economy. He said: It would help support small business But we also know that this economic They were there for us from the very, very initiatives run by States across the downturn has hit our Nation’s small beginning. country that are struggling now due to businesses particularly hard. Lines of Madam President, it is not just that local budget cutbacks. credit have been cut off, businesses community banks are failing, it is that My State of Washington is one of the that were expanding and hiring sud- they simply don’t have the capital to most trade-dependent States in the Na- denly slammed on the brakes, employ- lend to even very successful small busi- tion. So I am very glad this amend- ees have been let go, and inventive and nesses in their communities. ment also includes the Export Pro- original ideas have been put on hold. This is something I have heard re- motion Act, which would provide sup- In communities throughout our peatedly talking to small business port and resources to small businesses country, our small businesses have owners in every community of my that are trying to ramp up their ex- been left to fend for themselves. State. ports. A large part of why this has happened In Vancouver, WA, I heard from Tif- Small businesses are the lifeblood of can be explained by looking at the fany Turner, who, with her husband, our economy, and this amendment will health of our community banks, which owns a growing inn. She told me they help them get back on their feet, ex- provide the capital that drives business have grown close to 10 percent, despite pand, and, importantly, add jobs to our growth and job creation. the economic recession. But they have communities. The fact is, help has come much too now been told by their bank that ‘‘we I grew up working in a small busi- slow for our community banks. Be- are not lending in your sector.’’ ness. My dad was the manager of a five- cause of that, we have seen these banks In Seattle, I heard from Dani Cone, and-dime store in Bothell, WA. As a fail one after another, lending has the owner of a local coffee company, kid, I did everything from sweeping the dried up small businesses, and job whose credit ran dry and has been floor, to working the till, to taking out growth has suffered. forced to borrow money from family the trash. I remember how our little While Wall Street institutions such members to keep her business afloat. businesses and those around us on Main as AIG and Goldman Sachs were I heard from a bookstore owner who Street were the cornerstones of our deemed too big to fail, the collapse of had taken out $60,000 on her own per- community and how, in fact, they were our community banks has apparently sonal credit card to keep her business actually the cornerstone of our local been too small to notice. In commu- afloat. economy. nities across my State and across the I heard from a husband and wife who My experience is certainly not country, the loss of their hometown opened a local restaurant about how unique. For many decades, the defining banks has certainly been noticed. In they finally had to close up shop for strength of our financial system has my State of Washington, just in the good. been our small businesses and their past year, there have been 10 commu- I heard from people who were driven ability to access credit at affordable nity banks that have failed. Believe by their passions, who wanted to grow rates, grow beyond their walls, and me, their communities have felt the their business and wanted to hire but provide good-paying jobs. loss of these banks. have been stymied by the lack of credit It is time for us to get back to ensur- Earlier this year, the FDIC closed flowing from their banks. ing that our small businesses are the American Marine Bank, a small bank Obviously, at a time when we are backbone of our economy. This amend- that serves small communities in my now relying on our small businesses to ment is a very important step in that State, including Bainbridge Island. It drive job growth, this is unacceptable. direction. was a bank that had served small busi- Right now we ought to be doing every- I thank Senator LANDRIEU for her nesses and families in the community thing we can to make sure small busi- outstanding leadership on this issue. I

VerDate Mar 15 2010 05:01 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.067 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6171 am here today to urge all of our col- supplemental spending bill—designated The proposed Education Jobs Fund leagues to support this amendment, as an emergency—and without offsets. would continue the archaic seniority and let’s get Main Street back to work Now the majority leader wants us to system that many say rewards bad again. take up the House-passed bill, which teachers instead of the most effective The PRESIDING OFFICER. The Sen- exceeds the cost of the Senate version teachers. ator from Arizona is recognized. by $22 billion—nearly $23 billion. The Additionally, the House proposed $800 SUPPLEMENTAL APPROPRIATIONS House added $10 billion for an edu- million in spending cuts to help offset Mr. MCCAIN. Madam President, very cation jobs program and $4.9 billion for the cost of this $10 billion fund—an act soon, we will be voting to move to con- Pell grants. Other items added by the which quickly drew a veto threat from sider the House-passed version of the House include $80 million for energy the President. The bill proposes to cut 2010 supplemental appropriations bill. loans, $142 million for the gulf oil- $500 million from the Race to the Top I will vote against proceeding to the spill—the list goes on and on. Many of Fund. I don’t know of a better edu- bill for one simple reason: It is not these are very worthy causes, very cational incentive in recent years than fully offset and now has a pricetag of worthy items. But it should not be the Race to the Top Fund. Yet they are $80 billion. When will the spending added to a must-pass bill to fund our going to cut $500 million from it. The bill proposes to cut $200 million stop? troops, and it should be fully offset. When the Senate considered the sup- That is what this debate has been all from the Teacher Incentive Fund that plemental in May of this year, the bill about for a long time—not whether supports creation of pay-for-perform- ance programs and $100 million from totaled nearly $60 billion. Again, I op- these are worthy items, not whether we the Charter Schools Program. All these posed it because our version was not should have $10 billion for an education are proven ways to help education in paid for, and it added to the ever-grow- jobs program—although I seriously America, so they are going to cut ing deficit for future generations. question that one—but the question is, them. Those who say we oppose small busi- Are we going to pay for it? When are we going to stop mort- They are going to cut the Charter ness and all the motherhood and apple Schools Program. In my State, charter pie provisions of this bill, all we want gaging our children’s and grand- children’s future and start balancing schools have worked and have provided to do is have it paid for. competition to the public school sys- the budget and reducing and elimi- Dr. COBURN and I had two reasonable tem. If the cuts to the Charter Schools nating spending? Our soldiers and their amendments to fully offset the cost of Program in the House-passed bill are families are making tremendous sac- the bill when it was $60 billion. I am enacted, as many as 200 fewer charter rifices. Why don’t we make some sac- sure we could find offsets for this $80 schools could start next year and ap- rifices? Why don’t we forego the ear- billion bill—if amendments were in proximately 6,000 charter school em- marks and the special interests and the order. ployees could be in jeopardy of losing special deals that continue to charac- Our amendment would have saved their jobs. There are 420,000 children on terize our behavior? taxpayers a combined total of nearly charter school waiting lists nationally. I don’t need to remind my colleagues $120 billion by freezing raises, bonuses, Now is not the time to stop supporting that we are fighting two wars. But the and salary increases for Federal em- the growth of new charter schools. ployees for a year; collecting unpaid House has proposed reduced defense I could go on and on about what this taxes from Federal employees, which is spending for this fiscal year and prior bill does. Of interest is the House de- $3 billion; reducing printing and pub- year funding by $3.2 billion to help pay creased by $27 million the funding for lishing costs of government documents; for the $22.8 billion added by the House the hiring of additional Border Patrol eliminating nonessential government for domestic programs. agents for the southwest border, de- travel; eliminating bonuses for poor Subsequent to House action on the creased by $63 million the funding for performance by government contrac- supplemental, the chairman of both the the acquisition of unmanned aerial ve- tors, which is $8 billion. The list goes House and Senate Appropriations Com- hicles and helicopters, and decreased on and on. It also includes cutting mittees further reduced the Defense by $1 million the construction of for- budgets of Members of Congress, which Department’s fiscal year 2011 discre- ward operating bases for use by the would save $100 million; disposing of tionary base allocations below the Border Patrol. Every one of those pro- unneeded and unused government prop- President’s request by $7 billion and $8 grams that have been cut are effective erty, which would save $15 billion. billion, respectively. in securing our border. In other words, the size of govern- In other words, we are increasing do- Even more egregious is that the ment has doubled since 1990. Surely, it mestic spending, larding it on this, by House cut $100 million more than the is time we started paying for these some $60 billion, and at the same time President requested from the account spending bills. we are cutting defense. that funds the construction of and re- Our efforts failed. The majority, once One issue of concern is a provision pairs to the border fence. I support the again, succeeded in preventing the contained in the Senate-passed bill to President’s request to rescind $100 mil- elimination of a single dime of waste- provide funding for the Secretary of lion from the failed virtual fence ful and unnecessary and duplicative Veterans Affairs to exercise his author- project, but this money should go to- spending. ity to expand the number of service-re- ward increased Border Patrol and Cus- I remind my colleagues that in April lated illnesses presumed to be con- toms agents and technology. I do not of 2009, well over a year ago, the Presi- nected to exposure to Agent Orange. support the House’s effort to cut an ad- dent wrote to Speaker PELOSI and said The cost of that provision is $42 billion ditional $100 million in funding that is this: over 10 years and will most assuredly currently available and being used to As I noted when I first introduced my have a detrimental impact on the abil- complete construction of the border budget in February, this is the last planned ity of the VA to process current and fence and repair the constant damage war supplemental. backlogged claims in a timely manner. done to the fence by those trying to il- That was in April of 2009 when the Perhaps the most controversial pro- legally cross into our country. President said last year, April, was the vision added by the House is the $10 bil- In summary, in the past 2 years, last planned war supplemental. lion for an education jobs fund. This America has faced her greatest fiscal He went on to say: money would be used to supplement challenges since the Great Depression. State budgets to pay the salaries of Since September 2001, the Congress has When the financial market collapsed, passed 17 separate emergency funding bills teachers, administrators, janitors, and it was the American taxpayer who totaling $822.1 billion for the wars in Iraq other school personnel. came to the rescue of the banks and big and Afghanistan. After 7 years of war, the I fully support the goal of saving Wall Street firms. But who has come to American people deserve an honest account- teachers’ jobs, but this certainly isn’t the rescue of the American taxpayer? ing of the cost of our involvement in our on- the way to do it. In fact, the govern- Not Congress. going military operations. ment should be incentivizing districts What has Congress done? We have I could not agree more. That is why to make crucial reforms so that effec- saddled future generations with tril- I am disappointed to see yet another tive teachers are rewarded. lions of dollars of debt. Since January

VerDate Mar 15 2010 02:47 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.069 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6172 CONGRESSIONAL RECORD — SENATE July 22, 2010 2009, we have been on a spending binge, This $30 billion Small Business Lend- Let me say this one more time be- the likes of which this Nation has ing Fund will help our community cause there has been a lot of misin- never seen. In that time, our debt has banks put over $300 billion of capital formation thrown out on the floor: The grown by over $2 trillion. We passed a into the real drivers of our economic terms of this program will ensure that $1.1 trillion stimulus bill. Has anybody recovery and give to the small busi- taxpayers will not be put at risk. seen any good things from that? We nesses that will make that happen. At the end of the day, this proposal is spent $83 billion to bail out the domes- I wished to be on the floor today, as about standing for small businesses in tic auto industry. We passed a $2.5 tril- we discussed earlier, because I have this country. We have all heard from lion health care bill. We now have a heard some of my colleagues—and we small businesses in our home States deficit of over $1.4 trillion and a debt of heard it earlier this afternoon from the that have suffered from a recession $13 trillion. That amounts to more Senators from South Dakota and Ala- they had no part in creating. This is than $42,000 owed by every man, bama—criticize this fund as being like our chance to stick up for the millions woman, and child in America. TARP. It has been called the son of of creditworthy small businesses across This year, the government will spend TARP. I voted against TARP. Let me this country that need capital to oper- more than $3.6 trillion and will borrow say this as clearly as I can, something ate or grow but that have been shut 41 cents for every $1 it spends. Unem- the Presiding Officer has said in her re- out. ployment remains around 9.7 percent. marks, something we heard Senators It is also about turning our economy According to forbes.com, a record 2.8 CANTWELL and MURRAY say: This pro- around. Over 75 percent of new jobs in million American households were gram is not TARP. This is not another America are created by small busi- threatened with foreclosure last year, Wall Street bailout. nesses, and since the financial collapse, and that number is expected to rise to I am going to support this fund be- the majority of jobs lost have been well over 3 million homes this year. cause it is about helping Main Street, with those small businesses. Now with this bill, the majority not Wall Street. Small banks and busi- If there is one place we should be able wants to tack on another $80 billion. nesses in our communities did not to agree to invest, it is our small busi- When is it going to end? It may end cause the financial crisis in this coun- nesses. If we do not extend credit to next January. It may end next January try, but they have too often suffered them, they will not be able to get the because the American people will not the terrible consequences of the reck- capital they need to expand and create stand for this continued crime we are less behavior of Wall Street. Credit on the jobs that will finally get us out of inflicting on our children and our Main Street has been extremely tight this recession. grandchildren. since the financial collapse, and that This is not TARP. Saying this pro- The greatness of America is that has devastated too many small busi- gram is like TARP is just a red her- every generation has passed on to the nesses across this country. ring. This fund is what we should have next generation a better one than that One of the reasons our economy has been doing in the first place—providing generation inherited. I cannot say that not been able to emerge from the reces- capital to community banks so they about the next generation with the sion fully is that larger banks that can extend credit to the small busi- debt with which we have saddled them. benefited from TARP have decreased nesses that need this capital to create This kind of legislation has to be their lending. I heard from one small jobs on Main Street. soundly rejected. business owner in New Hampshire. He I urge my colleagues to join me in I yield the floor. owns a sheet metal manufacturing supporting the Landrieu amendment to The PRESIDING OFFICER (Ms. company. The company had its line of include this critical investment. LANDRIEU). The Senator from New credit pulled by a large national bank I yield the floor and suggest the ab- Hampshire. that had been a TARP recipient. This sence of a quorum. Mrs. SHAHEEN. Madam President, I sheet metal company was a credit- The PRESIDING OFFICER. The am pleased to be on the floor this after- worthy business. It had never missed a clerk will call the roll. noon to join the Senator from Lou- payment. It had never defaulted on its The assistant bill clerk proceeded to isiana, who has been such a champion mortgage. Losing that credit line was call the roll. for small business in America, to join devastating for this business. Mr. SCHUMER. Madam President, I my colleagues from the State of Wash- Similar to so many small businesses, ask unanimous consent that the order ington who were here earlier, to sup- it needed a line of credit to buy new for the quorum call be rescinded. port the proposal that is before to ad- equipment so it could make a transi- The PRESIDING OFFICER. Without dress an issue that I have been hearing tion and increase its productivity. But objection, it is so ordered. about in New Hampshire for months with the credit line gone, this business Mr. SCHUMER. Madam President, I now. This is something that all Sen- had nowhere to turn. It is companies rise in strong support of the bipartisan ators have been hearing about in their such as the sheet metal manufacturing amendment to the small business bill home States for the last 18 months if business in New Hampshire that this offered by Senators LANDRIEU and they are willing to be honest about it. bill will address. LEMIEUX. The amendment would make That issue is that creditworthy busi- This proposal provides community $30 billion of capital available to com- nesses, small businesses are frustrated banks, which have stepped up their munity banks across the country, because they cannot access the capital lending but can only go so far, with the incentivizing them to lend several they need to expand their businesses support they need to increase lending times that amount to small businesses and hire new workers. to small businesses. in desperate need of credit. Wherever I go in New Hampshire, Unlike TARP, this program has There is no question about it: Small small businesses tell me they are hav- strong taxpayer protections to ensure businesses are the great engines of ing trouble accessing the credit they the fund serves its purpose. The very growth in our economy. They employ need to either stay afloat or to expand structure of the program ensures that over half our workers. In the past two their businesses. While the community community banks that participate in decades, they have created over two- banks have increased their lending in this program will use the capital for thirds of the Nation’s new jobs. New Hampshire, they can only do so small business lending. Only banks Our economy is starting to show much. that do a vast majority of their lending signs of life again, but we still have a As my colleagues have outlined so to small businesses are eligible for this long way to go. The HIRE Act, espe- eloquently, they have been affected by program, and unlike TARP, there will cially the payroll tax cut Senator the financial crisis that struck this be terms and conditions for repayment. HATCH and I authored, has been a good country. We have an opportunity to ad- Taxpayers will not be on the hook. success, saving businesses billions in dress this issue with the Landrieu- This fund will not add to the Federal taxes. I recently introduced a bill to LeMieux amendment that will create a deficit. In fact, it is estimated to raise extend the tax cut for 6 months. Small Business Lending Fund to put $1 billion over 10 years. The terms of Congress should be focused like a capital into the hands of small busi- the program will ensure that taxpayers laser on bringing unemployment down nesses. will not be put at risk. and getting the economy humming on

VerDate Mar 15 2010 02:47 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.071 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6173 all cylinders again. The bill before us In addition to this carrot, there is this idea. They are not even members today is an important part of that on- the stick. The dividend rate increases of the Small Business Committee. going effort. It is a targeted bill that for banks that do not increase lending. They started working on this idea and will help small businesses expand and Banks that attempt to sit on funds will it picked up momentum and the Presi- hire. be penalized with rates as high as 7 per- dent spoke about the need to get cap- The small business lending fund was cent. ital to small business. once a part of the legislation. Actually, Another great feature of this amend- Then all the small business organiza- it was not merely part of the legisla- ment is that it targets small Main tions, most all of them, stepped up and tion, it was the heart of the legislation. Street banks, banks that are especially said, yes, this is what we need. Then There are many worthy ideas and committed to lending to small local the community bankers and the inde- programs in this bill from bonus depre- businesses. To participate, banks or pendent bankers stood up and it snow- ciation to increasing the loan limits on thrifts must have less than $10 billion balled. the SBA’s flagship programs to pro- in assets. In New York, banks such as It has gotten to have a great broad viding grants to help States expand in- Elmira Savings Bank in the Southern base of support. I am pleased this is a novative small business initiatives. Tier, the Bank of Smithtown on Long bipartisan amendment with the Sen- These provisions will encourage en- Island, and the Oneida Savings Bank in ator from Florida—both Senators from trepreneurs to start new businesses and the Mohawk Valley will be eligible for Florida have been strong advocates. help existing businesses prosper by re- capital infusions, and all this will be Senator LEMIEUX joined me in offering ducing taxes and streamlining some of done with no cost to the taxpayers. this amendment because, for some in- the burdens on small businesses. Let me say that again: All this will explicable reason, this was going to be But a core mission of this bill was al- be done with no cost to the taxpayers. left on the cutting room floor. ways to jump-start lending. When I In fact, the nonpartisan Congressional We managed to get huge bills out travel around New York and talk with Budget Office estimates the lending fa- here for Wall Street. We managed to business owners about creating jobs, cility would save taxpayers money. get huge bills out here for the auto- the No. 1 thing they bring up is they do They calculate that the lending fund mobile companies. But when it came to not have access to credit. would decrease the deficit by over $1 lifting this smaller bill for small busi- In his testimony before the Banking billion. ness, it started running into some po- Committee yesterday, Ben Bernanke Congress needs to do everything in litical rhetoric, some bumper sticker noted that while big businesses can its power to push a growth agenda, a slogans for the next election, some borrow money by accessing the capital jobs agenda. An integral part of this hogwash. I think our small businesses deserve markets, small businesses must rely on agenda is to increase lending to credit- more than bumper sticker slogans, bank loans and are having a much worthy small businesses. That is why I hogwash, and electioneering chatter. harder time. The Landrieu-LeMieux support the Landrieu-LeMieux lending So it got me mad. I said, you know amendment goes to the heart of this fund amendment and that is why I also what, I didn’t write this provision. I problem. According to Bernanke, in a strongly support MARK UDALL’s bill to am going to learn about this provision, series of 40 meetings the Fed conducted increase the arbitrary cap on the with community banks and small busi- though, because I am not going to have amount credit unions can lend to their it stomped under by the same people nesses from coast to coast, participants member businesses. who voted for TARP, voted for the big expressed unambiguous support for the Here is the bottom line. Small busi- banks, voted to bail them out but, $30 billion lending fund. nesses will be the tip of the shovel that when it comes to helping small busi- There are several explanations for digs us out of these difficult times but why small business lending is down. ness, want to say there is something that will only happen if we get them wrong with this. That is why we are Small businesses blame the banks for the resources they need, and what they fighting. not lending and banks in turn blame need is the Small Business Lending I see the Senator from Oregon, who the regulators for not letting them Fund in the Landrieu-LeMieux amend- helped draft this provision. lend. But one thing is certain: Lending ment. The Senator from South Dakota is down, and that is bad for our eco- I urge my colleagues to support this came here and said none of his people nomic recovery. very important amendment and, before are for it. He must not be reading his I hear from small businesses across I yield the floor, I want to pay a great mail. We have right here the South Da- my State, businesses that want to ex- compliment to my colleague from Lou- kota Independent Small Bankers— pand and cannot because they cannot isiana, who has spearheaded this drive. Independent Community Bankers of get credit. For us to stand here and We all talk about small business lend- America, State Community Bank Asso- twiddle our thumbs and play politics ing. This is the best, most logical, most ciations. There are any number of by saying that this is the TARP? That cost-effective way to do it and she is them. I checked. Here we have Inde- is wrong. That is wrong, when millions the reason we are here debating this pendent Community Bankers of South are unemployed and the public is de- bill. I want to take off my hat—hun- Dakota. manding get the economy going. dreds of thousands of small business The Senator from South Dakota was There are strong provisions in the people across the country would do the just here and said no one in South Da- underlying bill that will help spur lend- same—to the Senator from Louisiana. kota is for this. He might want to go ing, including an extension of the suc- I yield the floor. check his in-box or e-mail or his mail. cessful provisions from the Recovery The PRESIDING OFFICER (Mrs. The bankers of South Dakota I don’t Act that increased SBA loan guaran- SHAHEEN). The Senator from Louisiana. think are a very liberal group, I would tees and waived SBA loan fees. I be- Ms. LANDRIEU. Madam President, I guess. They are a pretty hearty bunch lieve the lending fund is a much needed thank the Senator from New York for out there in South Dakota. I don’t complement to these programs. It will those very kind words. But I wish to think they like big, fat government be a shot in the arm for small busi- say again I am humbled, actually, to be programs. But the reason they are for nesses across America, greatly increas- able to present this amendment be- it is because it is not a government ing credit. The fund has been struc- cause it is quite unusual. Normally a program. It is a Main Street program. tured to maximize lending by directly chairman or a chairwoman presents It is for small businesses in South Da- tying the dividends rate participating amendments in bills that they them- kota. That is why we are fighting for banks pay to the Treasury to their selves wrote. That happens here all the it. We are not going to go down with- lending performance. The rate starts at time. This is a very unusual situation. out a hard fight. 5 percent and goes down 1 percentage As I said earlier today, I did not I am going to recognize the Senator point for every 2.5 percent increase in write this provision. I didn’t know very from Oregon in a minute, but the other lending over the 2009 levels. Therefore, much about this provision. It was writ- thing the Senator from South Dakota a bank that increases lending by 10 per- ten by Senators such as Senator MUR- said was that he loved this report. He cent or more will be rewarded with RAY, Senator CANTWELL, and Senator said it. He quoted it. The May Over- rates as low as 1 percent. MERKLEY. They started working on sight Report, ‘‘Small Business Credit

VerDate Mar 15 2010 02:47 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.072 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6174 CONGRESSIONAL RECORD — SENATE July 22, 2010 Crunch And The Impact Of TARP.’’ amendment is a government program? each of our States is: How can I, as a The person who wrote this report is a This isn’t a government program. This small business, gain access to credit good friend of his, Elizabeth Warren. is trying to get money to Main Street. when the credit markets are frozen? So he is supporting this report in If they want to vote against it, go We have done precious little to assist which Elizabeth Warren said in her right ahead. This is very clear. You them. So often, we need to indulge in view she is not sure this program will can’t hide behind this. There are no far less partisanship and a lot more work. That is what this report says: 100,000 pages of this bill. It is a very problem solving. If one investigates She is not sure this program will work. simple program—$30 billion to commu- what is going on in the credit markets She is entitled to that opinion. But I nity banks that are healthy. It is vol- for small business, one finds that the don’t listen to Elizabeth Warren. I untary. All you have to do is lend it to businesses have gone to their banks, don’t listen to Washington bureau- the Taco Sisters Restaurant in Lafay- and the banks have said, we are cutting crats. I am listening to the small busi- ette so they can continue to be the best your credit line in half or we are elimi- ness associations of America. I am lis- restaurant, despite the fact of the mor- nating it. tening to the Taco Sisters Restaurant atoria so there is a shutdown so there The small business said, well, we in Lafayette. I know it is a silly name, are no more fish in the gulf that we can have always made every payment. Yes, but it is a very important business to fish for. These businesses are still try- but we are in a land of frozen credit them. I don’t care what anybody says ing. and we cannot extend the same amount about their name, Taco Sisters Res- Did you hear Senator CANTWELL read of credit. When we give you that line of taurant. Katie and Molly Richard a story from some small business in credit, it counts against our leverage, dreamed about opening a restaurant. her State that had to take out $60,000 and we have to increase our capital For 24 years they dreamed this dream. on a credit card on which they had to holdings to meet the leverage require- Molly convinced her sister Katie to pay 50 percent interest? Do we not hear ments. So we are taking away or cut- move back home from New Hampshire. them? We are trying to give the private ting in half or cutting by 90 percent your line of credit. She leased a small restaurant on John- sector a solution to put capital in com- At that point, the small businesses son Street in December of 2008 and munity banks so that small businesses can get a loan at a decent rate and I go to other banks and find out the opened in February. The restaurant other banks are in the same position. have to listen to the ranking member smokes fresh gulf fish and shrimp. These are community banks where of the Banking Committee say he is When we could actually fish for our often the principals know each other, against it because it didn’t go through shrimp and get our fish, they got it they have worked together, the banks from the gulf. the Banking Committee. The last couple of things that came want to lend, the small business wants Their restaurant was voted best new to borrow, they can see it is a profit- out of the Banking Committee have restaurant in Acadiana and best lunch able arrangement, but the banks are been a little bit problematic for me and spot in Acadiana. Do you know how constrained by their leverage limit. hard it is to be the best in Louisiana many people, so I am glad this didn’t If there were not a credit crunch in when all of our restaurants are good? come out of the Banking committee. this Nation, the bank would be able to I see the Senator from Oregon. This These little girls, these women, worked recapitalize and then make additional is in large measure because of the de- hard. loans. That is where we had a period of sign he has come up with, this idea, I want to tell the Senators from Ala- irrational exuberance, now we are in a bama and South Dakota, they said: with several of my colleagues. I wish I period of irrational fear, and people do We have good credit, a good business plan, could say I did it, because it is a good not want to recapitalize community but we have had trouble finding capital to one, but I have adopted it because I am banks, even when they are healthy. grow our business. I was surprised credit not going to leave it on the cutting Through much discussion with many would be so tight for a business like ours . . . room floor without a fight. It passed thoughtful people from various parts of [because we are the best.] Our business has the House. Three Republicans voted for the country, various parts of the credit seven employees and would like to keep it in the House. Interestingly enough— growing. . . . system, it became clear that the of course all three of them are up in chokepoint was the capitalization of We need capital. tough elections and I don’t think they healthy community banks. This is why And this troop over here wants to wanted to explain how they could vote what this provision does is it provides tell me that the amendment that Sen- for TARP, vote for Wall Street, but not for the recapitalization of community ator LEMIEUX and I are offering is a vote for small businesses. This could be banks. Community banks will have to government program? This is for com- an interesting debate on the campaign pay that money back. munity banks. Because they want a trail. A lot of questions were raised about bumper sticker to run on in this elec- The Senator from Oregon is here. this point, and I want to clarify some tion they are going to throw the small Since he helped to actually write the of them. The first question was: What businesses under the bus? Over my program—as I said, maybe it is some- happens if a bank that is going under is dead body. thing I am not explaining well. Senator seeking a bunch of money to recapi- The National Bankers Association, CANTWELL is quite the expert. Senator talize? Will this program help them? another very liberal group: MERKLEY is quite the expert. Let me Answer: No, it will not. Because only In no segment of the U.S. economy is the turn it over to the Senator. banks that have CAMEL ratings—those need for lending to small business more ur- I see Senator BURRIS from Illinois. are ratings of how healthy they are—of gent than in the distressed communities that Let me ask unanimous consent for the one, two or three qualify. The banks our banks struggle to serve every day. two of them to speak for the next 10 have to be healthy, because this is ulti- This recession which they did not minutes as in morning business, and if mately not about saving banks, this is cause—let me go back here. I feel like a Republican comes we will swap back about getting capital into the hands of I am in Alice in Wonderland. The Sen- and forth. small business. ator from Oregon is being patient. Let The PRESIDING OFFICER. Without The second question that many have me get this straight. Big banks, some objection, it is so ordered. raised is: Well, will banks not just sit big banks on Wall Street traded deriva- The Senator from Oregon. on the funds, and not make loans? Will tives and entered into major risky fi- Mr. MERKLEY. Madam President, I they not hoard funds in case they have nance deals that almost wrecked the wish to start simply by recognizing the better opportunities as the economy entire economy of the world. They, on tremendous work the chair of the recovers? And the answer is probably that side, ran all around themselves Small Business Committee is doing in not. Because the program was designed when George Bush was President to championing commonsense strategies so that when a bank recapitalizes in throw money at them, to help them, to assist our small businesses in being this fashion, they pay dividends. If and we have restaurants in our dis- the job factories that they can be if they do not lend out the money, then tricts begging for $10,000 to keep their they have access to credit. That is they pay a high dividend of 7 percent. doors open and they are going to stand where the genesis of this bill comes They are not going to make money sit- there and tell this Senator that my from. The question we have heard in ting on funds in their bank and paying

VerDate Mar 15 2010 02:47 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.073 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6175 7 percent. But if they make loans, then in job creation, if you believe in jobs more effectively than small busi- they pay a 1-percent dividend, so that strengthening communities through nesses. puts them in a situation where they successful businesses and employed Long before I ever entered public will make money if they make loans. families, then this plan makes a lot of service, I was a banker. I know first- So they will not even ask for the sense. hand what it takes to support our money if they do not intend to lend it. I will close with this thought: Let’s small business community because I That was a thoughtful question for bring commonsense problem solving to have done it. some of my colleagues to ask, would the challenge of putting America back This is a time for bold action. Not banks sit on these funds. It is impor- on track. Let’s set partisanship aside, pointless ideological battles. This is a tant that we design this program so let’s set thoughts about the November time to move forward, not back. So I that they do not. And we did. elections aside, and let’s engage in call upon my colleagues to seize this A third question came: Well, does commonsense bipartisan problem solv- opportunity. Let’s keep America on the this not put taxpayer funds at risk? ing, and this program makes all the road to recovery and restore the hard- The answer is, actually it does not, be- sense in the world. earned security of ordinary folks and cause we are not lending to unhealthy I yield the floor. small business owners who are in des- banks, we are capitalizing healthy The PRESIDING OFFICER. The Sen- perate need of help. banks. The Congressional Budget Office ator from Illinois. We should start by increasing our estimates that this will make $1 bil- Mr. BURRIS. I want to echo the sen- support for small businesses, especially lion, over $1 billion for the U.S. Treas- timents of the distinguished Senator those owned by disadvantaged and mi- ury. That estimate does not include from Oregon. His comments are very nority individuals. These companies the taxes that individuals will pay on well taken. foster progress and innovation. They the wages they earn because small I also rise to support the distin- have the power to create jobs, and di- businesses are able to hire. That esti- guished Senator from the great State rect investment to local communities, mate does not include the taxes that of Louisiana in her efforts to deal with where it can have the greatest impact. small businesses will pay on their prof- this amendment to add to the small Small businesses form the backbone its which will be higher when they are business legislation, of getting this $30 of our economy, but in many ways, able to expand. So that is a bottom- billion out to the community banks so they have suffered the most as a result line positive return that could be far they can put those dollars in the com- of this economic crisis. It is no secret larger when you take into account the munities. that minority-owned businesses, par- impact on employment and the success For the past 2 years, this country has ticularly those in poor or urban areas, of small businesses. been held in the grips of an unprece- have been hit hardest by the current Other folks have asked another ques- dented economic crisis. economic downturn. That is why these tion: Why get lending into the hands of The housing market collapsed. The are the areas we should target for our our small businesses through the hands bottom dropped out of Wall Street. And strongest support. of community banks? Why not create for the first time in generations, many We can rely on a proven initiative to some government organization to do Americans felt their hard-earned eco- inject new life into disadvantaged it? Well, very simply, banks are on nomic security begin to slip away. areas. So I would ask my colleagues to Main Street. It is their business to Here in Washington, Members of the support the Small Business Lending know what works and what does not House and Senate were faced with a Act. I would ask them to reject the work. They know the principals in- harsh reality: For decades, regulators tired politics that got us into this volved. They know the local market and policymakers alike had fallen mess, and embrace the spirit of biparti- dynamics. You do not want to set up a short of their responsibilities. A divi- sanship that can lead us out. government agency to distribute loans sive political process drove them to On behalf of small and minority- when you can have the power, the duck the tough issues, and kick the owned businesses, I call upon this body knowledge, the wisdom, of community can down the road, time and time to take action. Our economic future banks making smart decisions. again. may be uncertain, but with the Small Then finally an additional question This failure of regulation, and the ab- Business Lending Act, we have the rare was asked: Well, will banks not make sence of political will, allowed Wall opportunity to influence that future. loans that maybe are not a good bet if Street fat cats to let their greed get So let’s pass this measure, to guar- they have this additional capitaliza- the better of them. They gambled with antee some degree of relief for the peo- tion? Well, actually, no, they will not, our economic future. They designed ple who continue to suffer the most. because, first, they are not required to complicated financial products and Let’s renew our investments in be recapitalized in this fashion. And if placed high-stakes bets against them. America’s small businesses, and rely on they do make loans through this sys- In short, they built a house of cards, them to drive our economic recovery. tem, they are not guaranteed loans. and when it finally came crashing And let’s do so today. When you have a guaranteed loan, down, the American economy lay in I have financed them from scratch. you are saying to someone: You bear ruins. They would walk in to me and say, no risk. But these loans are not guar- There can be no quick fixes after a look, I got an idea. I love to do this. anteed. This is a bank doing its stand- disaster of this magnitude. But under Let’s get a business plan together. ard lending. In that standard lending, President Obama’s leadership, our Where do they get the capital from to they make money if they make good elected leaders finally took the bull by create the jobs that are needed? They loans, and they lose money if they the horns and did what was necessary get it from the bank giving them cred- make bad loans. So they have abso- to stop the bleeding, and set our coun- it, taking some equity from them, get- lutely no incentive to lend, because if a try back on the road to recovery. ting some investment from them. That loan goes under, the bank is hurt. It is I was proud to join many of my col- is what I have done. all the power of a smart path to get- leagues in supporting the American Re- I stand on this floor, with successful ting capital into the hands of our small covery and Reinvestment Act—a land- lending from banks to small compa- businesses. mark stimulus bill that helped reverse nies. It created jobs. Some of them are I guess my request to all of my col- the rising tide of economic misfortune. still in business today, some 40 years leagues is to ask yourselves if we are Thanks to this legislation, and to the later. Some of them have been sold off going to ever get out of this recession landmark legislation that was signed and bought off by big Fortune 500 com- if we do not unleash the power of small into law just yesterday, that created panies. They were able to start from business in America to create jobs. the most sweeping reform of Wall scratch. Please ask yourself, is it possible to Street since the Great Depression, we I know what it takes in a small com- unleash the power of small businesses are on the road to recovery. But as munity to lend to small businesses. if the small businesses do not have ac- anyone in this chamber can tell you, Now we are up here talking about, we cess to credit, and, therefore, if you be- the real key to a full recovery is jobs. are not going to put in resources. This lieve in small business, if you believe And no sector of this economy creates is not going to cost us any money. The

VerDate Mar 15 2010 02:47 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.076 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6176 CONGRESSIONAL RECORD — SENATE July 22, 2010 taxpayers are due to support these ment in final institutions across this we would have a $6 billion cost at- types of efforts. That is what we are country, it then is telling those insti- tached to this $30 billion TARP rather here for. The purpose of government is tutions what to do with that money. than a $1 billion budget savings. to do for those which they cannot do I know that small businesses across There was the suggestion that there for themselves. this country are hurting. I have been a isn’t any risk to taxpayers. Anytime Now we are debating on this floor small businessman most of my life. As we are putting $30 billion out there, whether we are going to put the money a matter of fact, I still am a small bus- granted, it may be well intended, but into helping small businesses, give it to inessperson. I still have small business we all saw what happened with TARP. the banks to lend to the small busi- interests. I understand what it means The expectation with TARP is that it nesses, so they can then go out and to be a small businessman. I under- will lose about $127 billion for tax- hire people. This ought to be a no-non- stand what it means to not have access payers. We hope it is less, but that is sense vote. It makes no sense what we to credit, to have difficulties during the estimate today. It is fair to point are doing on this floor, debating this crises such as this. I lived through one out again that people who come into issue at this time, when this economy in 1990 and 1991, and had great difficul- the Chamber and believe they are vot- is in this condition. ties, as so many people are having ing for something other than TARP are So having lent money to small busi- today. misleading themselves. If we line this nesses, having been a banker, where We have had a tremendous explosion up with the way the TARP was struc- your stripes depended on many good in government involvement in the pri- tured, side by side, it is check, check, loans you made, I have been there, and vate sector, something I do not think check, right down the line. This is the I support this legislation 100 percent. If many Americans ever expected to see. I same essential thing. To call it some- we can put those resources into those think the last thing we need to do now, thing else is all fine and good, but that banks, that will then put them into the as Americans are retrenching, as the is what it is. This is a TARP. It is a re- community, the banks are not going to economy is beginning to grow, is to incarnation of TARP, intended for be out there giving this money away. take another step back in this direc- small businesses and smaller banks, This is not charity. It is going make tion. which is all fine and good, but make no money for us. So let us wise up. Let us I cannot more strongly object to the mistake. If we vote for this, we are vot- make sure we support this amendment, LeMieux-Landrieu amendment, even ing for a TARP. That poses risk to tax- pass it now, and get on to the business though I respect them very much. I payers. urge Members who believe in our mar- of helping small businesses. There was the suggestion that some- I yield the floor. ket system and want to see us move how I don’t know what my bankers in The PRESIDING OFFICER. The Sen- ahead with a healthy economy, I urge South Dakota think. I think most of us ator from Tennessee. all such colleagues to vote against this who represent our States try to stay Mr. CORKER. Madam President, I amendment. It is another step in a di- informed about the views of our con- rise to speak about the vote that is rection that the majority of the coun- stituents. I sat down with a number of coming up soon, the Landrieu-LeMieux try wants to move away from. amendment to the small business bill I yield the floor. my bankers 2 days ago. They were that is before us. The PRESIDING OFFICER. The Sen- clear this is not something they are ad- First, I want to say that I respect ator from South Dakota. vocating for nor do they need. They tremendously both Senators. I have en- Mr. THUNE. I appreciate the com- had other issues they wanted to talk joyed working with them on so many ments of the Senator from Tennessee. I about. We have not had contacts in our issues. Many of us in the Congress have couldn’t agree with him more that this office advocating for this. Most of us worked over this last year to end the amendment should not be adopted, represent our States in a way that we TARP that went in place during a time should not be added to the small busi- have a pretty good idea of what the of a financial system meltdown. I sup- ness bill. We have had a number of peo- views of our various constituencies are. ported that, as did many in this body. ple coming to the floor to speak on the At least where South Dakota is con- Seventy-four Senators voted during a amendment. The Senator from Lou- cerned, this is not something South time of critical stress in our country’s isiana made a couple of observations Dakota bankers are asking me to do financial system to put that in place. after I spoke in opposition to the for them. They do have concerns about I also have pushed hard to end that amendment, one of which was that Re- the financial services reform bill program as soon as it was unnecessary, publicans have evidently some new- passed last week and signed into law. and many of us have tried to end it. Fi- found affection for Elizabeth Warren. I That is something they have deep con- nally that was done when the financial don’t think that is the case. In fact, cerns about. But this is certainly not reform bill that passed a couple of she is the rumored choice of the admin- something they are advocating for. weeks ago, or this last week passed and istration to head the new Consumer Fi- Inasmuch as we all want to do the became law yesterday. nancial Protection Agency. The obser- right thing for small businesses, the A lot of times around here we go vation I was making was that she, who best thing we can do for them is get off through this process of erosion; that is, most of us perceive to be somewhat their backs, quit putting taxes and an idea will come up, and it is em- more on the liberal side, had made mandates and regulations on them. braced for one issue, and then, over strong statements about this par- They are looking at the prospect next time, as happened with TARP, as a ticular small business lending finance year of a huge tax increase, when tax matter of fact. TARP was there to res- program and compared it to TARP. She rates go up. They are looking at a po- cue our financial system so that small also pointed out that the capital pur- tential new energy tax, if a cap-and- businesses, people all across our coun- chase program under TARP had very trade bill were to pass. They are trying try, could continue to get payroll mixed results with regard to whether it to figure out what is going to happen checks and do those things our finan- encouraged banks to participate and with the estate tax. They already have cial system provides. lend. It also carries with it, as TARP a new health care mandate that will Then it became perverted. Industrial did, an inherent risk that taxpayers put no cost burdens on them and raise policy was embraced after that, some- may be left on the hook. the cost of doing business. Those are thing that was not the intention of It has been that this will be a rev- the types of things that will impact TARP. Now we have another perver- enue raiser, that this, the $30 billion small businesses’ ability to create jobs. sion of that by virtue of this amend- TARP, is going to actually generate a Those are the things we ought to be fo- ment that has been put forth. Many of $1 billion budget surplus. The Congres- cused on. Creating a new TARP is not us were very concerned about the steps sional Budget Office was directed to going to be the answer that many of that were taken under TARP during score this differently than they were my colleagues who support this amend- that crisis. We felt it was a crisis and the original TARP. If the same ac- ment think it is. it was necessary. But in many ways, counting conventions were used and I urge colleagues to vote against this. this is more insidious, because not only applied to this particular program and I suggest we look at the things we can is the government making an invest- the calculation including market risk, do that do impact small businesses.

VerDate Mar 15 2010 02:47 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.077 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6177 Most of what we are doing in Wash- comes to advice on these issues. As the to use the accounting methodology ington right now is detrimental to eco- head of the congressional oversight that CBO used when they scored the nomic growth and job creation. panel, in their assessment of TARP, original TARP, if they used that ac- Mr. CORKER. Will the Senator yield? particularly with regard to this spe- counting convention which takes into Mr. THUNE. Certainly. cific program, the small business lend- consideration market risk, this pro- Mr. CORKER. I was listening to the ing fund, they said it ‘‘runs the risk of gram would be a $6 billion cost rather Senator. The fact is, this carries, in creating moral hazard by encouraging than a $1 billion savings, as proponents many ways, a greater risk. I would call banks to make loans to borrowers who of the amendment advocate. this son of TARP. This carries a great- are not creditworthy.’’ This is about taxpayers as well as er risk than the original TARP because This is not something that many of small businesses and small banks. This the terms under which this money is us are making up. Clearly, there are is not the correct way to help them. I given to banks is at a lesser rate. So those who are very concerned that this hope our colleagues in the Senate will that means the money that is paid could become not unlike what we saw reject the amendment. back, there is less margin to cover with the original TARP, which there Mr. CORKER. I suggest the absence losses. In addition, banks can continue are still a lot of concerns about. Many of a quorum. to lower the cost of that capital by of us who voted for that the first time The PRESIDING OFFICER. The putting money out quickly to small around thought it was going to end up clerk will call the roll. businesses. Again, we like to see small as something different than it was. I The assistant editor of the Daily Di- business credit expanded, but we like don’t think we need to go down that gest proceeded to call the roll. to see it done in a market and healthy path again. Mr. DORGAN. Mr. President, I ask way. I hope Senator DODD will have Mr. CORKER. Elizabeth Warren is a unanimous consent that the order for hearings. My guess is he will over the smart person. There are things I agree the quorum call be rescinded. next several months. But in many ways with her on, and there are things I dis- The PRESIDING OFFICER (Mr. it is more risky because the rates are agree with her on. But on that point, I BURRIS). Without objection, it is so or- lower. The more money we put out, absolutely agree. If we think about the dered. there is going to be a perverse incen- moral hazard issue, that means a busi- BUDGET DEFICITS tive for banks to put money out quick- ness that wants to run its business the Mr. DORGAN. Mr. President, there ly in ways that could be at a higher way America generally has run busi- has been a lot of discussion on the floor credit risk. This is far riskier than the ness—on their own, they don’t want to of the Senate in the last couple of days first program. be involved in government support— about small business legislation and Again, I know there are good inten- they would be at a disadvantage. That various things dealing with jobs, and tions. All of us want to see small busi- is the other moral hazard. An institu- clearly we need a lot of jobs in this ness thrive. All of us know that 80 per- tion in Tennessee or South Dakota country. We have gone through a very cent of the new jobs are created that wants to go out and lend more steep economic decline that has vic- through small business. I know the money to small business and goes out timized lots of Americans. Because of Senator and I have done as much as we and raises equity to do so, that equity that, we have a lot of people who are could while we have been here to try to is going to cost more than this. So a waking up in the mornings without get government off the backs of small bank that chooses to take advantage of work and wondering what to do next. business. a government program actually has an They feel helpless and hopeless and are What I would say to small busi- advantage over a company that wants trying to get their feet on the ground. nesses—and I don’t think many of to run itself the way most Americans But they need some help from this Con- them support this, but to those that want to see small business and compa- gress; that is, we do not create jobs, do—be careful what you ask for. Once nies run. There are all kinds of moral but we do create conditions under the U.S. Government gets involved in hazards. I know the notion of small which jobs can be created by the pri- our financial system in this way, put- business attracts a lot of people. I hope vate sector. ting money out and then directing people on both sides of the aisle will So I want to talk a little about the where it goes, we know how the cam- think about this, realize how insidious issue of what might give the American el’s nose under the tent works in gov- this is, think about the next idea that people some confidence because con- ernment. We understand what it means comes after this. Again, it is another fidence is everything. If they are con- for the Federal Government to get government investment into the pri- fident about the future, it means our more involved in our community vate sector. economy can expand. If people are not banks. I know I had one in particular, We have gone from systemic risk to confident about the future, our econ- when I was in Tennessee, say he wanted auto companies, to suppliers of auto omy will contract. It is that simple. me to look at this because he wanted companies. Now we are looking at There is no question that this coun- to use these funds to replace TARP going into small business. We sure have try now, having gone through the big- funds they had not been able to pay gone the gamut here. It is time to go gest economic downturn since the back yet. I don’t think this is a good the other way. Tennesseans have spo- Great Depression, has the largest Fed- step. I don’t think there are many peo- ken loudly about the fact that they eral budget deficits we have ever had. ple who support it. I know this prob- don’t want to see any more govern- In the last couple of years there have ably has some political mileage in this ment involvement in the private sec- been enormous budget deficits. In fact, body because it does address an issue tor. It is time to stop it now. We the budget was in deficit by $1 trillion we care about, small business. But it is thought we had it killed last week with by the end of June in this fiscal year. a bad idea directed at something we all financial regulation when TARP ended. But our colleagues—some of whom support; that is, small business growth. Now it is raising its head again. voted for all the war funding over these Again, I urge rejection of this amend- Mr. THUNE. I hope we will defeat last years and voted for the big tax ment. this today because there is moral haz- cuts to reduce the government’s rev- Mr. THUNE. Mr. President, to the ard associated with it. We want to do enue, and all of those issues—are now Senator’s point about this perhaps act- the right thing by small businesses. I rushing to the floor with everything ing as an encouragement for lenders to have named several things small busi- but suspenders and proclaiming that get money out the door quickly, per- nesses are concerned about—cap and now the deficit is a big problem. haps with assuming more risk than trade, more government takeovers, Well, I will tell you why it is a big perhaps they should, I wish to point more Federal spending and debt and problem. It is a big problem because 10 out, again—and because I am quoting higher taxes and more mandates years ago a lot of folks in here decided Elizabeth Warren, somehow there was through the health care bill passed ear- to cut the revenue steeply, and cut an implication earlier that Repub- lier this year. It is important to keep taxes mostly for wealthy Americans, licans have a newfound affection for in mind in this debate the taxpayers. and cut them in a very significant way. her, but she is someone whom the Anytime we talk about a program such So the government had less revenue. Democrats look to extensively when it as this, there are inherent risks. Again, They did that because they believed we

VerDate Mar 15 2010 03:37 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.083 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6178 CONGRESSIONAL RECORD — SENATE July 22, 2010 had budget surpluses that were going priority is to eliminate the estate tax. few, less than 1 percent. In fact, I think to exist for 10 years. That is the priority. He did not say it is three-tenths of 1 percent of the We had not had a budget surplus for that. He said ‘‘eliminate the death tax’’ American people would ever pay an es- 30 years in this country. We ran defi- because a clever pollster said: If you tate tax. Now we are told the highest cits for 30 years. Then, all of a sudden, say ‘‘death tax,’’ it invokes a lot of priority is to eliminate the estate tax, at the end of the Clinton administra- passion. So we are going to eliminate which means that America’s billion- tion, we had a budget surplus of a cou- the death tax—not understanding, ap- aires are going to be given a tax break, ple hundred billion dollars. I am parently, or not caring, perhaps, that and those who want to do it say we pleased about that because I voted for there is no such thing as a death tax. want to do that because they should the economic plan that helped create When you die, there is no tax on your not be taxed twice. Well, they are not that. We put that in place in the mid- death. In fact, had I been on the Senate taxed twice. dle 1990s, and we got to a budget sur- floor when my colleague mentioned That estate, in most cases, has never plus. that—I know my colleague is married— borne a tax. Most of it is growth appre- When that happened, in the year 2000 so I would have asked: God forbid ciation from stocks or bonds or prop- we had a bunch of folks say, when a something should happen to you. But if erty and has never borne the tax that new President came into office in 2001: it did, tell me what would happen to most people have to pay. Do you know what? We have a budget your estate because I know the answer. A lot of people get up in the morning surplus. We have a bunch of hotshot The answer is, his spouse would in- and put on their clothes and go to economists telling us we are going to herit the estate, no matter how large, work, and they work at a manufac- have budget surpluses as far as the eye tax free, because we have a 100-percent turing job all day—although there are can see. We are going to have budget spousal exemption. So that Senator’s fewer these days because we are mov- surpluses for the next 10 years. death would have, obviously, been non- ing those jobs to China—but they get Then Alan Greenspan, the Chairman taxable. up and go to work and then they come of the Federal Reserve Board, said he So where is the death tax? We do not home and they have withholding on could not sleep because he was worried have a death tax. We never had a death their paychecks and it says they paid we were going to have surpluses too tax. We have a tax on inherited wealth. taxes. They have to pay taxes for kids large and we were going to pay down That is what we have. So my colleague to go to school and to build roads and the Federal debt too quickly. That is said, the most important thing at the to pay for the police and to pay for the right. I know it sounds like a joke, but moment, while we are deep in debt in Defense Department and so on—the the Chairman of the Federal Reserve the country—and with a growing debt Centers for Disease Control. They have Board worried we would pay down our and a need to control the debt—the to bear a burden as an American cit- debt too quickly. most important thing at the moment is izen to help pay for the things we have So the President came to town in to get rid of the death tax, which together. 2001 and said: Let’s have very big tax means you want to provide tax breaks But if we eliminate the estate tax, we cuts, and I and others said: Let’s prob- for billionaires. say to, for example, Bill Gates—when ably not do that because at this point I did not vote for the proposal in 2001 Bill Gates expires—that $50-some bil- we don’t know what is going to happen that put us on a course of changing our lion or $60-some billion of yours, most for 10 years. We had economists who tax system with very large tax cuts for of which has never had any kind of a could not remember their telephone the wealthy and reducing the estate tax burden at all, we believe it ought number for 3 hours telling us what was tax obligation so that it came down to to be tax free. That is the highest pri- ority? going to happen for 10 years. having zero estate taxes in 2010 and I used the word ‘‘nutty’’ before. Let So they said: We are going to have 10 then spring back to a higher estate tax me state again that is just nutty. What years of surpluses. Let’s have very big in 2011. I did not vote for that. I are you thinking? tax cuts. So the President constructed thought it was about half nutty. But it Here is something I quoted yesterday very big tax cuts, mostly for the passed. Enough people thought, appar- from Will Rogers. Will Rogers, 80 years wealthy, and here we are. What hap- ently, it was OK, so they voted for it. ago, had it right, and it certainly ap- pened as a result of that? Well, almost So now, last year, we had an estate plies to some in this Chamber for sure. immediately we were in a recession in tax that had an exemption of $7 million Will Rogers said: 2001. Then we had a terrorist attack for husband and wife—$3.5 million The unemployed here ain’t eating regular, against this country in September of each—and a 45-percent rate. but we’ll get around to them as soon as ev- that year. Then we were at war in Af- This year, the estate tax went to erybody else gets fixed up OK. ghanistan and at war in Iraq and in a zero; that is, nobody has to pay any es- Well—do you know what?—go back war against terrorists. tate tax. So we have had four billion- about 18 months and just figure out So we sent hundreds and hundreds aires die this year. The late George who got fixed up in this country, who and hundreds of thousands of soldiers Steinbrenner died, the owner of the got fixed up OK. Do you think the folks abroad, and we rotated them in and out Yankees. So his estate will not be at the top of the economic ladder get for 8 years and never paid for a penny taxed—well over $1 billion. fixed up? Yes, yes. In fact, the lowest of it because the President said: We are I have said, this is the ‘‘throw mama unemployment rate in America is going to spend emergency funding, from the train year.’’ You know the those at the top of the economic lad- which means we do not pay for it; we movie ‘‘Throw Mama from the Train.’’ der. just put it on the debt. We did that for This is the year—if somebody has to There is a pretty low unemployment a decade. go, I guess, especially billionaires, they rate actually in the Senate, now that I Now, all of a sudden, all the people get to pay no taxes this year. Then the think of it. We all get up in the morn- who voted for the same things—that is, estate tax is supposed to spring back to ing and put on a white shirt and a suit tax cuts for the wealthy and deciding a $1 million exemption, husband and and a tie, and we all eat three meals a to send soldiers to war without paying wife, and a 55-percent rate. day. for it—now we hear all this bloviation So my colleague and others now say But the people at the bottom of the about how the debt is important. Well, the highest priority for them is to economic ladder—those 5 million yes, it is important. It was important eliminate the death tax. This year, we Americans who have lost the manufac- when they voted to cut taxes for the will have lost about $15 billion in rev- turing jobs, the people who are looking wealthy as well. It was important when enue because there is no estate tax. for jobs and cannot find them, when we we decided to fight two wars and not That is just this year. Over 10 years, it are 20 million jobs short; the people pay for a penny of it. The fact is, it is is a very substantial amount. who have been laid off, professional unsustainable now, and we have to find Who is going to benefit if you elimi- people who, in many cases, were laid ways to fix it. nate the estate tax? Well, if under last off and have been searching for work It is interesting, yesterday, I came to year’s law you had to have $7 million for 2 years and cannot find it—they are the Senate floor because one of my col- in total assets to pay an estate tax, the people who seem somehow forgot- leagues came to the floor and said the how many people would pay it? Very ten.

VerDate Mar 15 2010 03:37 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.079 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6179 So now we have a priority by some in ER, MAX BAUCUS, MARK BEGICH, MI- inadequate health care, housing, and this Chamber of saying we have to get CHAEL BENNET, JEFF BINGAMAN, BAR- education. We have worked on all of rid of the death tax—a tax that does BARA BOXER, MARIA CANTWELL, MIKE those issues. not exist. In a bill they filed that CRAPO, AL FRANKEN, TIM JOHNSON, JOE I am proud to say we passed the In- would only benefit largely billionaires LIEBERMAN, JEFF MERKLEY, LISA MUR- dian Health Care Improvement Act ear- in this country. It is unbelievable. It is KOWSKI, PATTY MURRAY, DEBBIE lier this year. It is now signed into law. just unbelievable. STABENOW, JOHN THUNE, MARK UDALL, We did that this year. It is the first I do not know, maybe the people who TOM UDALL, RON WYDEN—so many. But time in 17 years that the Congress has are out of work need to change their there are so many who worked so long dealt with those issues. names. There are names that signify to try to respond to these problems. Now we have passed the Tribal Law wealth, at least it sounds like they are The legislation deals with cross-depu- and Order Act. This is the most signifi- from a family that inherited wealth. tization of law enforcement officers on cant of policy changes and legislation But it just seems to me to be some- Indian reservations and those off the affecting the first Americans that has thing that is pretty much in sync with reservation. We deal with the tribal been passed in decades. I want to say to what Will Rogers said a long time ago court system and a wide range of provi- my Republican and Democratic col- in terms of what is happening here. sions that we put in this legislation leagues who worked with me to accom- The people at the top get fixed up pret- that are going to make a very big dif- plish this that I believe lives will be ty well, and the rest do not matter ference. saved because of this legislation. I be- much. That is a pretty pathetic set of I have said on the floor previously lieve this will make a profound dif- priorities, in my judgement. that violence against American Indian ference across this country in address- TRIBAL LAW AND ORDER ACT and Alaska Native women has reached ing these critical issues. Mr. President, I want to say a word epidemic levels. We have heard it in We have had hearings about Mexican about a piece of legislation the Senate the hearings and the testimony. One in drug cartels now running drugs has passed and the House has passed three American Indian and Alaska Na- through Indian reservations. I just de- and ought to make all of us feel as if tive women will be the victim of rape scribed the circumstances of gangs. we have done something very admi- during her lifetime—one in three. That There is so much that needs to be rable and something that is going to is an epidemic of violence. done. Finally, at last—at long, long save lives. So let me do that in a very We held 14 hearings in the Committee last—we start down the road of im- positive way. on Indian Affairs, which I chair, relat- provement by having passed this legis- The Tribal Law and Order Act, which ing to public safety on Indian lands lation. I talked to President Obama we passed—I passed, along with a lot of over the past 3 years. I had staff go yesterday and mentioned the passage help from the Indian Affairs Com- across the Nation consulting with trib- by the U.S. House of our bill. He cam- mittee, and the Senate passed—now al governments and local law enforce- paigned on this issue. It was very the House has passed that legislation. ment. Based on those consultations, we strongly supported legislation, and I That will now be signed by the Presi- put together a piece of legislation that know he will take great pride in sign- dent into law. I think will make a very big difference. ing it. Why is that important? Well, let me It strengthens the tribal justice sys- Finally, with all of the competition give you an example. On the Standing tem. It provides tools to law enforce- and tension, sometimes, between the Rock Sioux Indian Reservation—that ment officers on the Indian reserva- House and the Senate, let me say how straddles North Dakota and South Da- tions. much I appreciate the work the House kota—the rate of violent crime is not It will require the U.S. Attorney’s Of- of Representatives did on this legisla- double or triple the national rate of fice to do its job. Violent crimes on In- tion. violent crime. That would be pretty dian reservations are to be prosecuted Let me make one final point about tough to live in a neighborhood where by the U.S. Attorney’s Offices, and in Indian policy as I complete my state- you have double or triple the national most cases those offices are many, ment. There is one other issue that is rate of violent crime. It is eight times many miles away from a reservation. out there that I think desperately the rate of violent crime for the rest of Crime on Indian reservations becomes needs to be resolved, and that is some- the country. just a part of the backwater of work in thing called the Cobell lawsuit. It has Live in that circumstance. Be a those offices. We have information that been languishing for 15 years. Last De- young child going to school or be an 50 percent of murder cases on Indian cember, there was an agreement elder trying to get along and live in a reservations are declined for prosecu- reached between the U.S. Government neighborhood, live on a reservation, tion. They call them declinations. and the Indians in the Cobell case. We live in a circumstance where the rate Think of that. In 50 percent of the were given 30 days in the Congress to of violent crime is eight times the na- cases, there is a declination of prosecu- approve the settlement, and it has not tional average. The stories we have tion for the charge of murder. Nearly happened. We must, must, must find a heard at the hearings we have held are three-fourths of the cases for sexual as- way to make that happen soon. unbelievable. sault are declined to be prosecuted. I showed a picture of a woman living On the Standing Rock Sioux Indian That is not fair, it is not tolerable, and on an Indian reservation with oil wells Reservation—it is almost the size of we shouldn’t stand for it. that were hers that she could see from the State of Connecticut—they had We had a hearing with Chairman Her- her house, and she lived in a very small nine full-time police officers to patrol man Dillon of the Puyallup Tribe in house. Why is that the case? Because over two million acres of land. It is not Washington, who testified about the she didn’t get the money from the oil possible to do a good job with so few of- gang activity crisis on their reserva- wells she owned. The U.S. Government ficers. In one area of that reservation, tion. There are 28 active gangs on that created trust accounts for Indians, and a violent sexual rape, a crime in reservation, with members as young as manipulated those trusts, stole from progress, a robbery, and a call to the 8 years old. The gangs are involved in those trusts, lost the records from police might get someone there later drug trafficking, weapons sales, and those trusts over 150 years, and that is that day, or it might be the next morn- turf wars where innocent bystanders what resulted in this lawsuit called the ing, or days later—nine police officers are injured. This piece of legislation is Cobell lawsuit. It has gone on for 15 to patrol that land 24/7. That does not going to increase the number of law en- years, and a good many Indians have work. forcement personnel on reservations died while that lawsuit has gone on We have passed a piece of legislation and provide better law enforcement who should have benefitted from that that I think is very good, the tribal law training for those personnel. lawsuit. and order bill. It is bipartisan. I am I won’t go through the stories we There was a settlement agreement proud of that. Senators JON KYL and have heard, but they are unbelievable. reached last December between the JOHN BARRASSO worked with me to get There are a whole lot of victims out parties. We were given 30 days by the this legislation through the Senate. there living in Third World conditions Federal court to approve the agree- Let me mention cosponsors JON TEST- on Indian reservations where they have ment, and now it is 6 months later and

VerDate Mar 15 2010 03:37 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.080 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6180 CONGRESSIONAL RECORD — SENATE July 22, 2010 nothing has happened. The first Ameri- vote. Three Republicans voted in the again, this is for Main Street. We have cans don’t deserve this treatment. I House, including my own Congressman a Main Street sign. This is for Main hope very soon that the Cobell settle- from the city of New Orleans, and the Street. This is for small business. ment will be a part of a piece of legisla- Congressman from Delaware and the TARP is the Troubled Asset Relief Pro- tion that is passed by the Senate. Congressman from North Carolina also gram, $700 billion for big banks on Wall Mr. President, I yield the floor. voted for the small business package Street. This is a Main Street program The PRESIDING OFFICER. The Sen- with the three components: the $12 bil- for healthy banks to lend to small busi- ator from Louisiana is recognized. lion tax cut for small business—and nesses that are on Main Street. It is a Ms. LANDRIEU. Mr. President, I they most certainly need it—the other $30 billion program that will earn, ac- don’t think we are under any time part which strengthens the Small Busi- cording to the CBO, $1 billion. It agreement. I think the leadership is ness Administration’s programs, and doesn’t cost the taxpayer as TARP did; coming to talk about how we might they voted for the Small Business it saves the taxpayer money, and it ac- vote tonight because we have a couple Lending Fund. tually puts $1.1 billion into the Treas- of very important votes to make to- So that bill, of course, has come over ury at the end of 10 years. That is what night, if I could speak for the next 10 here. Because there was really inex- the CBO score said. minutes. plicable opposition from many of the Two people came down—one, Senator The PRESIDING OFFICER. Without Republicans, we have had to go into a SNOWE, for whom I have a lot of re- objection, it is so ordered. little different strategy, offering the spect, and the other, the Senator from Ms. LANDRIEU. Mr. President, be- lending fund amendment separately. I South Dakota—both came down and fore I speak about the underlying am very confident we will have the 60 said: But our estimate is that it will amendment, the small business amend- votes because Senator LEMIEUX has cost $6 billion. I appreciate their esti- ment—— stepped up from Florida. I see the other mates, but the only estimate we go by Mr. DORGAN. Mr. President, will the great Senator from Florida on the in this Chamber is CBO. They are enti- Senator yield for a question? floor, who has been a great supporter of tled to their own estimates, but I want Ms. LANDRIEU. Yes, I will. this amendment. What they know, people to know that the only score Mr. DORGAN. I apologize for inter- what I know, what Senator CANTWELL that matters is the official CBO score. rupting the Senator. I didn’t catch knows, what Senator MERKLEY knows, We have the official CBO score. It what she said about votes. Has there what the Presiding Officer knows is doesn’t cost money; it makes $1.1 bil- been a decision made about votes? that without this amendment, small lion. They are entitled to their opinion. Ms. LANDRIEU. I don’t have the businesses throughout America are So it is not TARP, it does not cost final details, but I understand we will still going to have a very difficult time the taxpayer money, and it most cer- be voting sometime tonight, in the getting the capital they need to expand tainly is not a bailout for banks. It is near future, on several different and grow. a help to small banks. amendments that have to do with po- Small businesses did not cause this The other thing I heard—and I see tentially the supplemental bill and po- economic meltdown. Our community the Senator from Michigan, and I know tentially the small business bill, but banks did not cause this economic she wishes to speak on this as well, and the good Senator might wish to check meltdown. The ripoffs, the meltdown, potentially the Senator from Florida— with somebody a little above my pay the dysfunction of our financial system the other amazing argument I heard grade. was caused by big banks that took from the Senator from South Dakota Mr. DORGAN. Well, that is actually risky positions on instruments they was that this is another Democratic fairly specific, though. It was some- couldn’t explain, and then they made government program. I told the Sen- time later about some things. I appre- up more, and the system collapsed like ator from South Dakota—with all due ciate the Senator for responding to me. a house of cards. But do we know who respect, through the Chair, I said: If we Ms. LANDRIEU. I am just in charge is paying the price, unfortunately, be- had to take out the words ‘‘big govern- sides the taxpayers? Small businesses of one amendment, but I thank the ment,’’ ‘‘taxes,’’ and ‘‘regulations,’’ no- and our community banks. Senator. body on the other side could finish a Hundreds and hundreds of letters Mr. DORGAN. I understand. sentence. This is not a government pro- Ms. LANDRIEU. Mr. President, I have come from the community banks. This one we will put up said: gram; this is a program to give capital have spent the better part of this day to community banks. on the floor with many of my col- Majority Leader Reid, Minority Leader As the Presiding Officer knows, there leagues speaking about the small busi- McConnell, on behalf of 5,000 members of the Independent Community Bankers, I write to was a version of this that came to my ness jobs bill that is so important, and urge you to retain the Small Business Lend- attention, as the Senator from Michi- I would like to give credit to some of ing Fund in the Small Business Jobs Act. gan will know, that said: Let’s not go my Republican colleagues. They have The Small Business Lending Fund is the core through community banks. Let’s do worked very hard on portions of this component of this legislation and the provi- the direct lending. Let’s just give it to bill, and I am very grateful. A portion sion that holds the most promise for small the Small Business Administration, $30 of it came out of the Small Business business job creation in the near term. Fail- billion, and let them lend to small Committee with a lot of bipartisan sup- ure to even consider the SBLF in the Senate would be a missed opportunity that our businesses because some banks are port; a portion came out of the Finance struggling economy cannot afford. lending, some banks aren’t. Small busi- Committee with bipartisan support; The Nation’s nearly 8,000 community nesses are so desperate. All they have and this amendment I am offering is a banks are prolific small business lenders. is high-interest-rate credit cards. Let’s bipartisan amendment. Senator A report I submitted for the RECORD do direct lending. LEMIEUX, the Senator from Florida—in earlier said this: We gave—and many And silly me said: You know, we real- fact, both Senators from Florida have Republicans in this Chamber gave—lots ly want bipartisan support for this, and been extremely supportive. The Sen- of money to the big banks. Do my col- I just don’t think I am going to be able ator from Florida and I are the lead leagues know what they did? They cut to convince one Republican—even sponsors of an amendment that has their lending to small business. These though I think it might work, I don’t over a dozen cosponsors. The Presiding small banks that hardly got anything think I am going to be able to convince Officer, a member of the Small Busi- from TARP tried to keep lending the them to go through a direct lending ness Committee, is a cosponsor of our best they could. But then we sent them program for the government. amendment, and I am so grateful to more regulations, their capital is get- So I had to go tell about 10 Demo- the Senator from Illinois for his input ting squeezed, and if we don’t provide crats who were very upset: I am sorry, into the bill. additional capital to healthy banks, we I don’t think we can do that. But I do This is a very important amendment are not going to get lending to small think we can do a private sector lend- to the small business package. The business. That is what these commu- ing approach that might work. House has already voted on the pack- nity bankers are saying. So I have to sit here and listen to age of the small business bill. They had The opposition has come to the floor some Republicans come to the floor a strong vote, and it was a bipartisan and said this is TARP II. Let me say today and say to me that this is not a

VerDate Mar 15 2010 03:37 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.081 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6181 private sector approach. It is ludicrous. State had to take out a loan at 50 per- their own survey said that 40 percent of It is, on its face, a private sector ap- cent. How do you make money when NFIB’S membership—a very conserv- proach. you are borrowing money at 50 percent ative organization—said they didn’t These are not banks run by the gov- interest? need any money. But that leaves 60 ernment. These are private sector We have a program where they can percent who said they could not get the banks, run by our friends in our com- walk down the street and go to their loans they had asked for. munities. We see them at the Kiwanis, community banks and borrow not from So this whole argument that says Rotary, in church and synagogues; we the payday lenders but from the com- there is no demand—I want the Sen- talk to them every day. But the Repub- munity bank. The Republican caucus ators who vote against this to go back licans don’t want to help community wants to tell us this is like TARP so and try to give a speech on Main banks and small businesses. they can put a bumper sticker on their Street. I challenge you, all of you who The same Senator, from South Da- car for the election. might consider voting ‘‘no’’ on this kota, who came down here to say this The Senator from Florida is correct. amendment, I want to see you go home was like TARP, voted for TARP. This There are any number of conservative and stand on any Main Street and try isn’t TARP. This is a program to help organizations from all of their States to say to your people—look them small business. that are supporting this. straight in the eye and say: We know I see the Senator from Michigan—and Ms. STABENOW. Will the Senator down here there is no demand. Nobody we are going to vote in a minute. yield? needs any money because nobody is Mr. NELSON of Florida. Will the Mrs. LANDRIEU. Yes. selling anything, and there is no de- Senator yield for a question? Ms. STABENOW. I thank the Senator mand. Ms. LANDRIEU. Yes, I yield to the from Louisiana for her tireless advo- Mr. NELSON of Florida. Will the cosponsor of the amendment. cacy and leadership in getting us to Senator yield for another question? Mr. NELSON of Florida. I would like this point, because this is absolutely Ms. LANDRIEU. Yes, I yield for that the Senator from Louisiana to under- critical for small businesses, certainly purpose. score the fact that the $30 billion put in Michigan and across the country. I Mr. NELSON of Florida. I ask the into this lending program, which will know we talked about it before. question to underscore what the Sen- inure to the benefit of small business, Isn’t it true that when we look at job ator from Louisiana has just said, is going to end up multiplying like the growth—and this is a jobs bill, I am which is that small business, which is fishes and the loaves; it will end up sure the Senator agrees—small busi- the mainstay of the economic engine in being worth, over that 10-year period, nesses are creating the jobs? Would she so many of our States—certainly, that $300 billion. not agree, as well, that when we look is true with Florida, as a matter of Ms. LANDRIEU. Yes. at manufacturing in my State, the sup- fact—the technological ingenuity of Mr. NELSON of Florida. Would the pliers are small businesses? So what we America often comes out of small busi- Senator also agree that when you look are talking about here is growing jobs. ness firms. How many times have we at the list of all the institutions that Would the Senator agree and speak heard in our townhall meetings or in support this lending facility, they are about the fact that this is about jobs, meetings with elected officials back in some of what we would think of as the about the fact that the majority of the our States, the people who are being most conservative organizations, and jobs are coming from small business, starved to death are the small busi- they are very much in favor of this? and these are the folks who didn’t nesses, because the banks won’t lend? Ms. LANDRIEU. Absolutely. cause the financial crisis, and they The big banks don’t give them a break, Mr. NELSON of Florida. Including didn’t create the recklessness on Wall and they are going out of business. the Florida Bankers Association, in- Street? They got hit by it, along with They could have hired or doubled their cluding the Community Bankers Asso- our community bankers who didn’t employment. The community bankers ciation—because they know what it is. cause it; would the Senator agree? want to lend, but they feel that the They got dissed on the big TARP— Ms. LANDRIEU. Absolutely, this is a regulators have clamped down on them which some of us voted against—even jobs bill. The Senator from Michigan and this program—if it can multiply to when we tried to carve out little por- represents a State that has been one of $300 billion of lending for small busi- tions for small business, and it never the hardest hit States, the automobile ness over the next 10 years, at a min- worked because the banks would not industry. She has firsthand experience imum, isn’t that the kind of jumpstart lend the money; and now we are going there. She knows these numbers as we need to provide jobs and get this to create a program specifically tar- well as I do: From 1993 to 2009, 65 per- economy moving again? geted to help small business through cent of jobs have been created by small Ms. LANDRIEU. Yes. It will create community banks. business, and only 35 percent of the many jobs, and maybe we can then Ms. LANDRIEU. Absolutely. The jobs were created by big business. have a recovery that has jobs associ- Senator is correct. He refers to this If some people are wondering why ated with it. That is the effort. We long list, which I have read several this recovery seems to be a jobless re- have fashioned this so that it is going times on the floor. It is quite lengthy. covery, it is because it is. Big busi- to make money for the Treasury. It is These are not liberal organizations. nesses have a lot of profit right now. not related to TARP funding. It is only They are not even Democratic or Re- Has anybody noticed that the stock for community banks. It is only for publican organizations. They are busi- market is going up? They are sitting small business. ness organizations, including the on their cash. Has anybody noticed I see the Senator from Michigan. I American Apparel and Footwear Asso- what Goldman Sachs reported lately? wish to yield time to her, if she wishes ciation, the Arkansas Community They did very well out of this. to speak, and then the Senator from Bankers, American Bankers Associa- If you want a recovery with jobs, Oregon and the Senator from Wash- tion, the Marine Retailers—these are where people can actually go to work, ington wish to speak as well. conservative-to-center organizations. earn a paycheck, and pay taxes to help Ms. STABENOW. Mr. President, I This isn’t the Sierra Club. These are us get out of this deficit, and stimulate thank the Senator, the chair of the conservative organizations that are demand, you better support this. I am Small Business Committee, for her supporting this. so tired of hearing the other side, I say leadership and her passion. This is a private sector approach. It to the Senator from Michigan, when I could not agree more. We have to is $30 billion that will multiply to $300 they come down here and say: But the focus on jobs. When you support small billion. We have boxes of letters from NFIB says that there is no demand. business, both the underlying bill and small businesses saying all they have— First of all, the National Federation the changes, in terms of tax cuts for as the Senator from Michigan knows— of Independent Business did not say small business, as well as this provi- is the credit cards that they have to that. So to their credit, I want to say sion, this is a great opportunity for us pay 16 to 20 percent on. Senator CANT- on their behalf—although they have to support small businesses in this WELL almost choked me up when she not come out strongly in support, they country, where the majority of jobs are said that one of the businesses in her are not opposing, they are neutral— created.

VerDate Mar 15 2010 03:37 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.086 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6182 CONGRESSIONAL RECORD — SENATE July 22, 2010 Every time I go home, as the Senator Let’s say that 50 percent had most of have five employees or we don’t have from Florida mentioned, I am ap- their needs met. That means that 50 the contacts to export our goods to proached by small businesses that can- percent of the 27 million small busi- Turkey. We don’t have a full-time not get capital and cannot get the nesses in America did not have their trade person. loans they need or get their line of needs met. Having some help for them so they credit extended. This is absolutely crit- This is not the Sierra Club here. This can talk with people at the Commerce ical for us. is the National Federation of Inde- Department to figure out are these real In addition, I thank Senators pendent Business, one of the most con- customers, simply get on the computer KLOBUCHAR and LEMIEUX for their ex- servative business groups. I don’t know and call our embassies. Those embas- port promotion piece, which is equally who wants to come to the floor and say sies should be their embassies, not just important. When we look at opportuni- they don’t know what they are talking for big business. They should be the ties for small business and the oppor- about. I think they do on this subject, embassies for small and medium busi- tunity to support their efforts to sell and on others. I don’t agree with them nesses too. their products overseas in a global on everything, but they are very legiti- We are hopeful. This is a bipartisan economy, this is also about creating mate when it comes to what their amendment with a lot of support. It is jobs. I had the opportunity not long members say. They said that 50 percent going to help jobs in America. I hope ago to be in Beijing, China, at the glob- did not get their needs met. The finan- we can get this passed because it is in- al auto leaders summit. I heard from cial institutions extending lines of credibly important to small- and me- people with the Foreign Commercial credit during 2009, when the country dium-sized businesses. Service that they needed more assist- was operating at a high level—the The PRESIDING OFFICER (Mr. ance. If they had more staff, they same survey—a few years earlier, be- TESTER). The Senator from Louisiana. would be able to support more busi- fore the recession, said that 90 percent Ms. LANDRIEU. Mr. President, I ap- nesses being able to sell into China. of businesses were finding the credit preciate those remarks. A portion of We want, in this global economy, to they needed. That is why we were hav- the LeMieux-Landrieu amendment is be exporting our products, not our jobs. ing great economic times, because to step up exports. So focusing on exports and supporting small business could get credit. The Senator from Oregon has been what the President has called for—dou- This is economics 101. This is not one of the key designers of this pro- bling exports in the next 5 years—cre- complicated. Right now small busi- gram. He is going to speak about a ates jobs as well. nesses have credit card debt up to here. very important point that we have I again thank Senators KLOBUCHAR They are paying 16 and 24 percent. been debating today. That point is this and LEMIEUX for their efforts on ex- Maybe that makes the other side oversight report that was written by ports, and I thank Senator LEMIEUX happy. They have no equity in their Elizabeth Warren, who now seems to be and Senator LANDRIEU for the amend- homes to borrow, and here we have a a very good friend of the other side. ment as it relates to the lending au- provision trying to give community She wrote this report, and they held it thority. All of this adds up—all of this banks some capital, healthy small up saying we have to listen to Eliza- together, the underlying bill, with tax banks to lend to small businesses. beth Warren. It is very interesting be- cuts, support for small businesses, We know there is a need. Fifty per- cause I think they have had some prob- which have seen collateral depreciate, cent of NFIB’s own membership says lems with what she has been doing. and the efforts that we can provide to they cannot get the money they need, Nonetheless, they think this report be able to support them to get loans and we have to fight? bolsters their argument. through a collateral assistance pro- I see the Senator from Minnesota. I ask the Senator from Oregon to gram, the loan program, which is, in She has a very important part of this comment about this report because I my judgment, a core provision, and amendment. I would like to turn the think it has been misrepresented. I am then adding exports—all of it together floor over to her. confident it has been misrepresented. is a jobs bill. Ms. KLOBUCHAR. Mr. President, I It basically says it is inconclusive. This is a fundamental jobs bill for thank Senator LANDRIEU for her great They are not sure this program is small businesses all across the country. leadership on this bill. going to work. I will tell you who is I urge colleagues to come together. I What I have heard over and over from sure this program is going to work: our can’t think of anything more bipar- small businesses in my State is they community bankers, our small busi- tisan or anything that should be more want to know how come Wall Street is ness associations that have written bipartisan than a focus on American doing OK right now and they are still thousands of letters. Is anyone opening small businesses. This amendment is at struggling. Somebody once said that it their mail? the heart of that. is like Wall Street got a cold and Main I am not going to listen to a bunch of I strongly urge a very strong bipar- Street got pneumonia. They are still bureaucrats up here who are not sure tisan vote. having trouble. Yet 65 percent of the something is going to work. I would I thank the Chair. jobs in this country come from small like to listen to the hometown folks, Ms. LANDRIEU. Mr. President, I see businesses. and that is what this amendment is several Members on the floor. I am When I look at the big businesses in about. going to speak for 2 minutes, and then Minnesota, such as Medtronic, it start- The PRESIDING OFFICER. The Sen- Senator KLOBUCHAR for 1 minute, and ed as a little business in a garage. The ator from Oregon. Senator MERKLEY for 10; and if some- Mayo Clinic started with two doctors Mr. MERKLEY. Mr. President, I body else comes, we will put them in starting a practice together. 3M start- came to the floor earlier to talk about the queue. Senator LEMIEUX may want ed as a sandpaper company up in Two a number of concerns that had been to add a word. Harbors, MN. Big businesses start as raised and how those did not actually I ask unanimous consent for that. small businesses, and we need to help fit the bill. One of those concerns was The PRESIDING OFFICER. Without them. that banks would simply sit on the objection, it is so ordered. I support all the work that is done funds, which is not the case because Ms. LANDRIEU. This says: Is small with getting the credit out there. I did there is incentive to lend. Another con- business credit in a deep recession? want to note the important part of this cern is there would be capitalization of This is the NFIB. They are one of the amendment that was put together by failing banks, which is not the case be- most conservative business organiza- myself and Senator LEMIEUX to help cause ratings are being applied so that tions. I want to read to you their exec- with exports. Ninety-five percent of the capitalization only goes to healthy utive summary. It says: customers of this country right now banks. Forty percent of small businessowners at- are outside our borders, and 30 percent The point is not to save banks. The tempting to borrow in 2009 had all of their of small businesses say: If we could ex- point is to get lending, to get capital credit needs met. port, we would love to do it. We just into the hands of small businesses. I Forty percent. don’t have the people who speak the went through a number of those con- Ten percent had most of their needs met. language who work for us. We only cerns.

VerDate Mar 15 2010 03:37 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.087 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6183 Since I left the floor, there were a penalty for banks that do not increase The PRESIDING OFFICER. The Sen- three more issues that were raised by lending runs the risk of creating moral haz- ator from North Carolina. those who have concerns about the pro- ard by encouraging banks to make loans to Mrs. HAGAN. Mr. President, I ap- gram. I wished to come back and ad- borrowers who are not creditworthy. plaud the Senator from Louisiana for dress those issues. Then it goes on to answer that cri- putting forward this amendment with One issue that was raised by a col- tique: the Senator from Florida. I think league is he said this program will have Although, in the legislation, the carrot banks would be interested in lending the government saying where to send . . . is arguably stronger than the stick. . . . this money. I think small local, com- money, what businesses will get It is an incentive system rather than munity banks know their client base, money. In fact, no, not at all because a penalty system. know their customers. They are the similar to any capitalization of a small Then it goes on to note further, and ones to which these funds are going to bank, the bank decides where to send it received feedback from Treasury: be made available. It is not going to be money. That is the beauty of this pub- . . . the SBLF was designed to minimize the big banks. This is going to go to lic-private partnership; we are chan- the chances that banks will use the capital banks with $10 billion assets or less. neling, we are connecting to the power to make risky bets. There is nothing forcing these banks to and wisdom of the small banks that un- Why is that? take this money. derstand the economy on their Main The program does not shift risk away from I highly recommend we move forward Street, that understand the reputation the banks that receive the capital: any insti- with this bill. I echo so much what and capabilities of the folks who are tution that receives funds under the SBLF is Senator LANDRIEU has been talking asking for the loans, that understand obligated to repay that money to Treasury about on the floor today. The small the local economic dynamics. That is and therefore will lose money if it makes a business lending fund is an absolutely the duty. It is small banks that do bad loan. critical component of the small busi- what they do very well, which is decide I made this point earlier that unlike ness package we are moving through where it is smart to invest and not in- a guaranteed loan program where it the Senate. Small businesses are the vest. does not matter if you make a bad backbone of our economy and, in par- A second concern that was raised judgment, in this case, it is the banks ticular, in the State of North Carolina. since I last left the floor was that this themselves putting at risk their own In fact, small businesses represent over would create a rush to lend. I think profits, utilizing their best judgments. 98 percent of the State’s employers in maybe the speaker had some picture in I think it is appropriate that folks North Carolina and close to 50 percent his mind that the moment a small come to the floor and say: I want to op- of the private sector jobs. Having spent the last year and a half bank got capitalized, they would im- pose this bill because it has this prob- meeting with small business owners all mediately be judged on how much they lem and this problem. That is the value across North Carolina, I have seen had loaned out and that their rate of of debate. Others can come to the floor firsthand the power of their determina- dividends would be set on that and, and say: Actually, it is not designed tion and innovation. I know that the therefore, they would just throw the like that; actually, it has been ad- small businesses will be the catalyst money out the door. dressed because it has gone through that we need right now for our eco- I wanted to make sure folks under- months of people wrestling with the best design to harness the power of nomic recovery. stood the basic mechanism in this bill. In North Carolina, we have over It works like this: For every 2.5 per- small banks, to address the challenges of small businesses in getting loans. 455,000 people unemployed—455,000. We cent incremental increase in loans need to be doing all we can in Congress made by small and medium banks, the We will not get out of this recession if we do not empower our small busi- to help this recovery. Small businesses dividend would be reduced by 1 percent. cannot begin to grow and expand and This is the key phrase: The enumerated nesses. There is only one other ap- proach that has been brought to this hire until they have access to credit loans would be monitored for a 2-year and capital to invest. The small busi- floor as an alternative, and that alter- period, starting on the date of the in- ness lending fund does a lot to address native is to tell the small business to vestment. Based on the lending rate at that problem by giving banks a power- run up its credit card. I don’t know the end of that 2-year period, the divi- ful incentive to increase lending to about in my colleagues’ States, but in dend rate would be locked in and the small businesses. bank would benefit from this attrac- my State, running up your credit card I have heard my colleagues in South tive rate for the next 3 years. is not a viable option for small busi- Dakota and Alabama speak today If a bank seeks some funds to be re- nesses to succeed. about this bill, comparing it to TARP, capitalized, it has a full 2 years to get We have the power, the wisdom of implying that banks will not partici- loans out the door and needs to do so Main Street banks helping Main Street pate because the fund too closely re- only at a rate of 2.5 to 1; whereas, we small businesses. Let’s put that power sembles TARP. Nobody is making a know a lot of banks will leverage that to work. bank participate. This is totally vol- at 10 to 1. This is a modest standard The PRESIDING OFFICER. The Sen- untary. The small business lending and certainly nothing that would impel ator from Louisiana. fund is not another TARP. It is not an- a rush. Ms. LANDRIEU. Mr. President, I see other bailout. This fund goes to Main The third critique that was raised the cosponsor of this amendment. I will Street banks, our local community said this report—I hold up the cover, ask unanimous consent for him to be banks, not the big ones, not the ones the ‘‘May Oversight Report, Small recognized. But before I do, I wish to with $10 billion assets or larger. Business Credit Crunch and the Impact ask a question of the Senator from These are provisions targeted at pro- of TARP,’’ said there was a moral haz- North Carolina. Senator HAGAN is on viding money to the banks that are the ard in the structure of a small business the floor. I would like to pose a ques- healthiest and most capable of increas- lending fund. Let’s find the language in tion, if I may, because she was a bank- ing lending. In fact, the measure con- the report and analyze what was actu- er, I understand. I would like to ask tains provisions to ensure that the ally being said. We will find it on page her if, in her view as a banker—I think funds only go to the banks that are 77. Feel free to look it up. it might be interesting to hear from healthy and viable. In this report, it is going through a somebody who was actually a banker. In North Carolina, which is one of series of issues and saying: OK, this is Senator BURRIS was a banker. He the biggest banking States in the coun- something worth considering. That is spoke—what does she think about this try, our bankers have offered their en- why we value these kinds of reports be- program. dorsement of this proposal. cause they point out the challenges we If she was still a banker, would she I am focused on creating a better cli- might be facing and allows us to design be interested in accessing this capital mate for businesses to add jobs in legislation to work better. from the Treasury and how it might North Carolina and across the country. This report notes: help small businesses in the commu- I think this is a sensible proposal that A capital infusion program that provides nities she used to lend to, if she would will help small businesses to hire and financial institutions with cheap capital and be so kind as to answer that question. grow.

VerDate Mar 15 2010 03:37 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.088 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6184 CONGRESSIONAL RECORD — SENATE July 22, 2010 I thank the Senator from Louisiana, This bill does that in a commonsense David Hart, executive vice president as well as the Senator from Florida, for way, and let me explain why. The bill of the Florida Chamber of Commerce, putting forth this amendment. provides $30 billion for local commu- says: Ms. LANDRIEU. I thank the Senator nity banks. This isn’t Goldman Sachs, Their ability to access capital is critical from North Carolina, and I ask unani- this isn’t AIG, this is the banker down for economic recovery and job growth. The mous consent to yield the next 15 min- the street—the one you see at church Florida Chamber of Commerce Small Busi- utes to the Senator from Florida. or synagogue, the one in your Kiwanis ness Council believes the Small Business The PRESIDING OFFICER. Without Lending Fund will enhance the ability of or Rotary, the one who shops in the small business owners to create jobs and objection, it is so ordered. same stores you do. This is not some The Senator from Florida. transition Florida to a new and sustainable Wall Street banker but your local economy. Mr. LEMIEUX. I again thank my col- banker. So the bill provides $30 billion league from Louisiana and all my other Javier Palomarez, president and CEO for local banks to make loans to small of the Hispanic Chamber of Commerce, colleagues. I see the Senators from businesses. Washington and Minnesota, who have writes in support of this bill: The first reason it is not like the The United States Hispanic Chamber of worked on this bill are here. I think other program that was passed to bail this is a very important piece of legis- Commerce, which represents more than 200 out Wall Street is it is optional. The local Hispanic chambers and serves as the lation, and that is why I have worked Treasury Secretary and the Chairman national advocate for nearly three million in a bipartisan way with my friend of the Federal Reserve are not going to Hispanic-owned businesses in our country, from Louisiana, who has been a leader get a bunch of local banks in a board- supports passage of the Small Business Lend- on this bill and has put this bill to- room one night and pressure them into ing Fund Act. gether. taking this money, as was done with These are Main Street groups. These I know this is not without con- TARP. It is voluntary. If they do not are business groups that support this troversy. Some of my colleagues were want it, they do not have to take it. bill. So with all due respect to my col- here earlier, and they do not support Second of all, this isn’t going to in- leagues who spoke before, this is good this bill. I have enormous respect for crease the deficit. In fact, unlike most for business, and it is done in a meas- my friends from South Dakota and programs here in Washington—and my ured and focused way that empowers Tennessee, and I appreciate their per- friends on the other side know I come the private sector. This is not big gov- spective, but I respectfully disagree to the floor all the time worried about ernment. This doesn’t run a deficit and with it. I think it was Ronald Reagan the way we spend money in this Con- it doesn’t increase taxes. who said that if we agree on something gress, worried about our debt and def- In fact, to my friends who are sup- 90 percent of the time, that means we icit, worried about what it will mean porting the base piece of legislation are friends, and we are friends. I have for our kids and our future—this piece but may not want to support the tremendous respect for their views. But of legislation is actually going to re- amendment, they should know that our this bill does not bring with it, I be- turn more than $1 billion to the Treas- amendment cuts $2 billion in taxes out lieve, the problems my friends pointed ury over time—so not a deficit, a sur- of the base bill. So we are going to cut out. This legislation helps small busi- plus. taxes. The base bill has a lot of other nesses, and in my State of Florida, Again, the program is voluntary, it cuts in taxes for small businesses, and that really matters because while we doesn’t create a debt or deficit, and it I talked about that when I spoke ear- are the fourth largest State in the doesn’t create big government. It puts lier today. country, we are a small business State, the money in the hands of community This is going to be good for Florid- not a big business State. We do have bankers to lend to small businesses, ians and Americans by getting needed our share of big businesses, and we will the folks who create jobs. My friend capital to these small businesses that grow more in the future. But because from Louisiana had a chart up earlier are struggling. That is why I support of Florida’s meteoric rise in population reflecting that 65 percent of all jobs are it. And I hope my friends on this side of over the past 20 or 30 years, we don’t created by small businesses. I believe the aisle will look at this bill seriously. have those Fortune 100 companies that number is far greater in my home I hope they think enough of me to look headquartered in our State as other State of Florida. at it and give it a thorough evaluation States do. Instead, we are a collection So who supports this amendment on because I know it is sort of a strange of small businesses, for the most part— which we have been working? Well, in position I am in here. There may not nearly 2 million small businesses in Florida, the Florida Bankers Associa- be a lot of support for this on this side Florida. tion does. Alex Sanchez, the president of the aisle, but my job representing But during this recession—the worst and CEO, wrote me and said: Florida is to do what is right by the recession Florida has seen in anyone’s This bill will help create jobs for Florid- people I represent and to do what is recent memory—those small businesses ians by increasing the loans to Florida’s eco- right for the people of this country, have been hurting. When I drive down nomic engine: Small businesses. and I believe this bill will do just that. the interstates and the State roads of Who else supports it? Camden Fine, It is not a perfect bill. No piece of leg- Florida and I go past the small strip the president and CEO of the Inde- islation is. It will not solve the entire shopping centers and small buildings pendent Community Bankers of Amer- problem. No piece of legislation can. that house those small businesses that ica. He said: But I believe it will help. It will help in employ so many Floridians, unfortu- This legislation is a positive for our com- Florida, and it will help across the nately I now see a lot of dark and va- munity banking sector and to our small States of this great country, and that cant buildings because these businesses business customers who are vital to job cre- is why I support it. have not been able to make it through ation and the economic recovery. In conclusion, Mr. President, I hope this recession. Our unemployment in Robert Hughes, National Association we can vote on this bill. I know the Florida is nearly 12 percent, and it may for the Self-Employed, says: leadership is going back and forth try- be worse than that because many no The National Association for the Self-Em- ing to figure out a way to have some longer seek employment. If you figure ployed, on behalf of our 200,000 member busi- more amendments on this bill, and I the underemployed along with the un- nesses, strongly supports creating the Small believe that is the only obstacle to vot- employed, one in five adult Floridians Business Lending Fund, which we hope will ing on this bill. I believe amendments who are able to work either doesn’t alleviate the funding and credit freeze faced should be allowed on this bill—a rea- have a job or doesn’t have enough of a by small businesses by expanding loan re- sonable number—so we can get to it job. We are No. 2 in mortgage fore- sources. and we can pass it. Let’s pass this closures, and we are No. 1 in the coun- Barney Bishop, president of Associ- thing before the weekend. Let’s not try in being behind on our mortgage ated Industries of Florida, which rep- wait until next week. Let’s consider it, payments. So Florida is hurting. There resents businesses throughout Florida, let’s get it done, and let’s help these are signs that things are getting bet- says that this act moving through the small businesses. ter, but we are struggling. And more Senate right now will help small busi- Mr. President, I yield the remainder than perhaps any other State, our nesses and ‘‘lead to jobs, jobs, and more of my time to the Senator from Lou- small businesses need help. jobs.’’ isiana.

VerDate Mar 15 2010 03:37 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.089 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6185 Ms. LANDRIEU. Mr. President, I We know small businesses are asking get, frankly, 100 votes. Because if we thank the Senator from Florida for his us to work with them so they can get are serious about jobs, then we need to outstanding remarks and for his ability credit. This is about healthy commu- show it with our votes. It is not enough and his willingness to stand for the nity banks being able to lend to to get on the floor and complain and people of Florida because his State has healthy small businesses. This is not say, Where are the jobs? This is legisla- had a great deal of difficulty, not un- about toxic assets and toxic invest- tion, an amendment to a very impor- like the State of California. ments. This is such a strong program, tant bill, that will leverage $30 billion I see the Senator from California and the small business lending program, into $300 billion. That is what we are the Senator from Illinois are on the that the CBO estimates that we will talking about, the kind of a jolt to this floor and they want to speak. I would make back $1.1 billion as the banks and economy that we need. And it makes like to turn the next 5 minutes over to small businesses pay back the fund. money for the taxpayers. the Senator from California, but before Mr. President, I am going to spend Talk about a win-win, that is what I do, I want to respond to something the rest of my time reading into the this is. I am going to yield the floor the Senator from Florida said. RECORD the organizations and the busi- and I am going to say one more time to The Senator from Florida may not be nesses that support this bill: the Senator from Louisiana, Senator the only Republican to vote for this The American Apparel and Footwear LANDRIEU, thank you for your leader- amendment because today Senator Association; the American Bankers As- ship. Thank you for your passion. This GEORGE VOINOVICH said he would sup- sociation; the American International is about jobs, jobs, jobs, and anyone port the amendment. He is quoted Automobile Dealers Association; the who votes no on this, in my opinion, today, if this quote that was reported Arkansas Community Bankers; the As- don’t say that you are for jobs because in the paper is correct, as saying there sociated Builders and Contractors; this is a proven job creator. We know is a real need out there to provide some California Independent Bankers; Com- it. Small business creates the jobs, 64 money to some of these businesses and munity Bankers Association of Ala- percent of the jobs. They need access to to get banks back involved. bama, Georgia, Illinois, Kansas, Ohio, credit. They are not getting it from big He said: Iowa, Washington, West Virginia, and banks. This allows us to get it from our community banks and it brings a very We have got to start doing something. Wisconsin; the Conference of State Voinovich dismissed claims by fellow Repub- Bank Supervisors; the Fashion Acces- good marriage together—helping com- licans, including Snowe and Minority Leader sory Shippers Association; the Finan- munity banks, helping small busi- McConnell, that the lending program resem- cial Services Roundtable; the Florida nesses, and job creation. bles TARP because it involves Treasury De- Bankers Association; the Governors of I yield the floor. partment loans to banks. Republicans have Michigan, Ohio, Colorado, Connecticut, Ms. LANDRIEU. Mr. President, I see nicknamed it TARP, Jr. ‘‘I don’t buy that,’’ Illinois, Massachusetts, New Mexico, the Senator from Illinois. I will ask Voinovich said. ‘‘ That is just messaging.’’ New York, North Carolina, Oregon, unanimous consent for him to speak As I said, my good friend from Flor- Washington, and West Virginia; Heat- for 2 to 3 minutes. But before that, I ida may not be the only Republican to ing, Airconditioning and Refrigeration wish to thank the Senator from Cali- stand up and vote for this amendment, Distributors International; the Inde- fornia. The Senator from Illinois would and I hope others will because this pendent Bankers Association of Texas, know this, but this issue, this provision could mean a great deal to small busi- of Colorado, and of New Mexico; the came originally from an idea that Sen- nesses throughout America. This is for Independent Community Bankers of ator BOXER and Senator MERKLEY had. small business, it is for jobs, it is to get America, of Minnesota, and of South She deserves a tremendous amount of this recession over. We have to focus Dakota; the Indiana Bankers Associa- credit. Of course, she represents the largest on Main Street. tion. It goes on and on. The Maine As- State in the Union. Of course, she rep- Mr. President, the Senator from Cali- sociation of Community Banks; the resents one of the States that has high fornia would like the next 5 minutes. Maryland Bankers Association; the unemployment. Of course, she listens The PRESIDING OFFICER. The Sen- Massachusetts Bankers Association; ator from California. to the people of her State and they are the Michigan Bankers Association; the saying: Senator, where is the money to Mrs. BOXER. Mr. President, I wish to Missouri Independent Bankers Associa- thank the Senator from Louisiana, the create the jobs? tion. It goes on and on. The National I will submit this for the RECORD. chairman of the Small Business Com- Association for the Self-Employed; the The Senator from California does not mittee, for her impassioned remarks. I National Association of Manufacturers; need to see this because she knows it: have worked with MARY LANDRIEU on the National Bankers Association; the Jobs lost by small business. Do we many issues. Sometimes we are on op- National Council of Textile Organiza- want to know why this recession is posite sides. I don’t like those times. I tions; the Marine Manufacturers Asso- happening? I wish I had this blown up: like these times. And I thank the Sen- ciation; the National Restaurant Asso- 81 percent of the job losses come not ator from Florida for his strong sup- ciation; the National RV Retailers As- from big business, not from Wall port. sociation; the National Small Business Street. I understand Wall Street is hav- Here is where we are. We are coming Association; the Nebraska Independent ing fancy lunches. They had a lot of out of the worst recession since the Community Bankers; the Pennsylvania fancy lunches on Wall Street today. Do Great Depression, and I don’t sugar- Association of Community Bankers; you know who is not even eating lunch, coat it when I go home because every- the Printing Industries of America; there is no brown bag to put it in? body knows where we are. And I re- Small Business California; the Small Small business. The Senator from Cali- member back to those days at the end Business Majority; the Tennessee fornia is a great Senator, fighting for of the Bush administration when we Bankers Association; the Travel Goods her State. She has one of the highest were bleeding hundreds of thousands of Association; the Virginia Association unemployment rates in the country. jobs every single month, and at that of Community Banks; the Hispanic The Senator from Illinois knows this time, as we all looked at the situation, Chamber of Commerce; and the Women as well. I thank her for putting this we realized who the job creators had Impacting Public Policy. provision forward. I am happy to pick been for the past 15 years. They had This is a list that reflects America. it up and try to carry the ball a little really been the small businesses. They This is a list that reflects economic ac- way down the field. created 64 percent of the new jobs. So tivity. This is a list of organizations in The PRESIDING OFFICER. The Sen- when we talk about jobs, when we talk States that are struggling to get to ator from Illinois. about turning this recession around, good times. Mr. DURBIN. Are we under con- we have to focus on small businesses This idea, that I have to say origi- trolled time or seeking unanimous con- because they are the job creators. We nally came from a Merkley-Boxer bill sent? have seen big corporations’ profits re- embraced by Senators LANDRIEU and The PRESIDING OFFICER. We are turn to prerecession levels, and they CANTWELL and LEMIEUX, made better not. are sitting on their cash and they are as it went down the legislative road, Mr. DURBIN. I ask unanimous con- not hiring. deserves to get 60 votes. It deserves to sent to speak for 5 minutes.

VerDate Mar 15 2010 05:01 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.091 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6186 CONGRESSIONAL RECORD — SENATE July 22, 2010 The PRESIDING OFFICER. Without worked with them. Many times we lock Ms. LANDRIEU. Yes. objection, it is so ordered. horns but we have worked together on Mr. DURBIN. This does not sound Mr. DURBIN. I thank Senator health care and things. So where does like TARP at all to me. LANDRIEU, who chairs the Small Busi- the opposition to this come from? Ms. LANDRIEU. It is not. The Sen- ness Committee. Not only does she Don’t we know if we take this money ator is absolutely correct. That is why have the facts, she has the tenacity and loan it to small businesses it will I spent the majority of this day trying and ferocity to take on these issues. be repaid? It has a leverage, a multi- to be responsive to the several argu- You always want MARY LANDRIEU on plier in terms of what it can mean to ments that have been raised against it. your team. Like Senator BOXER, there our economy, creating jobs, which I thought the Senator from Oregon did are times when we are not on the same means more taxes being paid, more a beautiful job, much better than I did, team. Thank goodness they are rare. people earning money with paychecks. explaining the nuances of this report But when we are together I know it is I am trying to understand. Have people that has been used to criticize this pro- going to be a spirited fight and I am come to the floor on the other side of gram. glad to join her in this effort. I thank the aisle and explained why we would But again, it is a private sector ap- her and Senator CANTWELL, but I also not want to provide credit for small proach which the other side usually acknowledge, as she has, that Senators businesses in the middle of a recession likes. It is community bankers whom MERKLEY and BOXER were involved in to help create jobs? I wish to ask the we know, to small businesses that we the early formulation of this idea. Senator if she would respond, through know need the help. I cannot quite un- The idea was so obvious, it was so ob- the Chair. derstand where this opposition is com- vious that we knew when we spoke to Ms. LANDRIEU. We have had three ing from. I said earlier, if you are look- small businesses the struggle they were Senators come to the floor. The Sen- ing for a bumper sticker for the elec- having. They couldn’t borrow money. ator, the ranking member of the com- tion, go look elsewhere. Don’t put a Even good, reputable small businesses mittee is here now, Senator SNOWE. I bumper sticker on the backs of small with great records could not borrow have the greatest respect for the Sen- business in America. They don’t de- money. When they couldn’t borrow ator. She outlined a few points that she serve it. The letters are heartbreaking. money, it was impossible for them to has concerns about. I will come back to The letters from Illinois are heart- sustain their business growth and to that in a minute. breaking. hire people. There were only two other Senators Women who have waited for 20 years In America, as we have lost 8 million who came to the floor—the Senator while they raised their children finally jobs, with all the hardship and heart- from Alabama and the Senator from start their business and I have to hear ache that comes with it, we faced some South Dakota. From what I could from the other side they don’t like the hard choices. This week, the Senate gather, they think—the Senators said bumper sticker? This is not about and the House finally, after weeks of they thought this was sort of like bumper stickers. We have waited a filibustering, came through with unem- TARP. year and a half to get on a bill for I tried to explain to them that, first ployment benefits for the millions of small business. The House has already of all, TARP was a $700 billion fund for Americans who are struggling to feed passed this bill. banks that had troubled assets. This is their families during these hard times. It is laughable, to try to go home to a $30 billion fund for healthy banks to your district. I don’t care whether you That to me is the safety net. But if we lend to small business. There were lots are going to go beyond the safety net are in Arizona or South Dakota or Ala- of bankers opposed to TARP. I tried to bama, you will be laughed out of the and create the jobs to put people back say to them in this case every banking townhall meeting if you go home and to work and get beyond this debate on organization that we know of, national try to explain that you don’t think unemployment benefits, we have to organization, and the majority of the small business should get money from look to small business. State bankers—not all; I want to be their local bank. They don’t have the I heard the Senator from Louisiana clear—the majority are all for it. So we money to buy a train ticket to New talk about her view of small business are having a difficult time. and job creation. This bill that is be- There may be some questions about York. I mean, this is not funny. So unless fore us, this amendment that Senator the cost. It gets into a lot of detail. LANDRIEU brings before us today, is one The Senator from Maine raised that somebody comes down here and gives that will create jobs in my home State issue. Our score, I said, is what I go by. me a relatively good argument—and I of Illinois. The Senator knows it will generate $1.1 have the greatest respect for the Sen- There were over 258,000 small busi- billion for this program. ator from Maine. We have never argued ness employers in Illinois in 2006, led Mr. DURBIN. If I can reclaim my about anything on our committee. This by professional service and construc- time—I have a limited amount of didn’t even come to our committee so tion firms. These small businesses ac- time—thank you, because that address- we never argued about it. We have not counted for over 98 percent of the em- es the issue. The fact is that this argued about one thing because we feel ployers in my State. These small busi- money will generate money to the Fed- so strongly. But for some reason this nesses added 93,000 jobs in 2006, more eral Treasury so it is not adding to our has become a political football. She did than three times as many as those by debt, it is creating jobs, helping busi- not make it that way and neither did I. companies with more than 500 employ- nesses, reducing our deficit, and I Somebody did, but neither one of us ees. Another 850,000 people worked for might add—I am glad you made a ref- did. themselves in 2006, meaning the num- erence to TARP. According to the Mr. DURBIN. If the Senator from ber of people working for small busi- Treasury Department, the 22 largest Louisiana will allow me to reclaim my nesses was that much larger. recipients of TARP dollars, banks, de- time and finish and yield the floor at I am concerned about every firm los- creased their small business lending by this point, I thank her for her passion ing jobs, but I know if we do not ad- $12.5 billion between April and Novem- and commitment. Around here we go dress the fundamental challenge facing ber of 2009. through so many issues and debates, it small business, we are not going to Here we are in TARP sending money sounds as if people are reading tele- turn this recession around quickly and to bail out the biggest banks and they phone directories and don’t care, but that is what we all need to do and want are reducing their loans to small busi- there occasionally comes along an to do. nesses as a result of it. What the Sen- issue where it does touch you. You can What I struggle to understand, I will ator is saying, as I understand it, what tell from the Senator from Louisiana, say to the Senator from Louisiana— this amendment is, is take this money, she feels this issue—as she should. perhaps she can answer this question: give it to healthy banks with the un- These are real people, who put their all Where is the opposition to this? Where derstanding it will be loaned to small into a business, who are about to lose is the opposition? The Senator has read businesses, they will prosper, create it. These are real people who think comments from the National Federa- jobs, more taxpayers, fewer people on their businesses can grow with a little tion of Independent Businesses, a con- unemployment, and a net gain to the bit of help and hire some people. In- servative business group. I have Treasury? stead, what we hear from the other side

VerDate Mar 15 2010 05:01 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.092 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6187 is we are afraid somebody is going to bills, that have folks out there who are their struggles. Too often, in the face twist this into a bumper sticker that willing to buy their products, cannot of opposition from many of our Repub- will look bad. get the regular lines of credit that they lican colleagues, we have been delayed I used to have a friend of mine named have relied on, mainly because the as- in making these choices. The legisla- Mike Synar, from Oklahoma. We used sets that those credit lines have been tion before us today is no exception: to laugh when Members of the House of based on have gone down in value, the This bill has been on the Senate floor Representatives would say, ‘‘Man, I way our homes have gone down in for 10 legislative days. hope we don’t have to vote on that value. That is sad, because every day of tough issue again.’’ He said, ‘‘If you So they have the same accounts. delay on this bill has been another day don’t want to fight fires, don’t be a They have never missed payments they that small businesses, businesses our firefighter. If you don’t want to come owe the banks. They have sales they Republican colleagues repeatedly com- to Congress and vote on tough issues, can make. But in terms of the ratio mend as America’s job-creation en- get another job somewhere else.’’ I that the banks follow because of the gines, lack the access to capital they think he was right. He is still right. If regulators, those banks are unwilling need to continue to operate or grow. As these people are afraid of helping small to extend the traditional line of credit the financial system recovers from the businesses for fear that somebody is because the assets of the companies damage done by the greed and specula- going to dream up a bumper sticker have gone down in value, although tion of some on Wall Street, local and a 30-second ad, think about an- their business sales have not gone banks that small businesses have de- other job. Because if we can’t face down. So we have creditworthy busi- pended on, and in many cases worked issues this important in the middle of a nesses waiting for credit. with for years, are not providing them recession and help small businesses What this amendment does is—and I with the capital to finance their inven- with the Landrieu amendment, then we wish to ask the Senator if this is cor- tories, meet their payrolls, operate have lost our way. rect—this really is something—we are their factories or add new products. I am glad to support the Senator, and filling a gap TARP did not fill. A fail- This legislation seeks to bridge that I yield the floor. ure that TARP, I am afraid, legiti- gap. If passed it will give thousands of Ms. LANDRIEU. Mr. President, I see mately is criticized for, we are trying American business owners a chance to other Members on the floor. Senator and the Senator’s amendment is trying keep current workers or hire new ones. BURRIS had spoken earlier. I wish to to correct, to fill a gap which we did It is the sort of thing we should rush to say there was an organization we failed not fill in when we passed the TARP. do in this economy. to mention, but the Minority Bankers So there are incentives in this Let me outline a few of the ways in of America also have given their sup- amendment to extend credit. That is which this legislation will help. This port to this. We are getting constant the point of the amendment; that is, legislation would establish the State letters of support in. we will get credit flowing again. So the Small Business Credit Initiative, an ef- I can speak for a few more minutes. TARP reference, to me, is totally inap- fort that I have been working on for I don’t know if anyone else is inter- propriate. I wish to ask the Senator if many months along with several of our ested in speaking. We still do not have that is correct. colleagues here in the Senate, leaders a vote on this, so I will continue, I Ms. LANDRIEU. The Senator from in the House of Representatives, and guess. Michigan is absolutely correct. That is the administration. Building on suc- Mr. LEVIN. Will the Senator yield? why this is so flabbergasting to me, be- cessful efforts in Michigan and other Ms. LANDRIEU. Yes, to the Senator cause the Senator is correct. The States, the initiative would provide from Michigan. TARP, some of us voted for it, some of crucial funding to State and local pro- Mr. LEVIN. Mr. President, one of the us did not, but there are some legiti- grams that expand capital access for arguments I have heard against the mate criticisms of it. I mean, it went small businesses. Senator’s amendment—as the Senator to a lot of the big banks, bigger banks. These programs help businesses es- from Illinois said, this is a replay of It did go to some middle-sized banks, I cape one of the traps that continues to the TARP battle. I want to explore will concede that to the opponents. hold back our economy: The fact that that for one moment with my friend They have pointed that out, that it just as the recession has damaged the from Louisiana. went to some middle-sized banks. value of our homes, it has also dam- Before I do, I must say about the But what we did not do was connect aged the value of the real estate, equip- Senator from Louisiana, her passion it to lending. They took the money and ment and other items these businesses and commitment to small business, re- they cut the line of credit. We are try- offer as collateral to secure loans, flected in her chairmanship on the ing to fix that. This is an amendment making it harder to get those loans Small Business Committee—and I am to fix what we did not do correctly. and therefore harder to keep or hire honored to serve with her on it—has This is an amendment supported by workers, feeding a downward spiral been nothing short of breathtaking. I bankers, by small businesses. It does that stunts growth. thank her for that leadership. not go to big banks. They are not even This bill also includes a series of ef- On the TARP issue, those of us who eligible. It is voluntary. They do not forts to boost small-business lending voted for TARP have been criticized have to take it. that will create thousands of jobs with- back home because it didn’t result in a If any Senator wants to vote against out adding to the deficit. For instance, lot of credit flowing. We would have this and go home and say: Look, I can inclusion of the Small Business Job loved to have had the time so we could only give you credit cards with 16 per- Creation and Access to Capital Act, have taken some steps so we could cent interest—your people in Michigan which raises Small Business Adminis- have connected credit flow with what cannot survive that, the Senator tration loan limits, will increase small- we were doing to try to save this econ- knows. They cannot survive it. business lending by as much as $5 bil- omy from totally going under. Mr. LEVIN. One last thing. This is lion. It also includes an Intermediary We did not have the time to do it at what our local banks have been plead- Lending Pilot Program, a proposal I of- that time. We have been criticized, and ing for. fered which allows SBA to make loans to some extent I think fairly, for not Ms. LANDRIEU. Yes. to nonprofit intermediary lenders, who connecting some kind of requirement Mr. LEVIN. I wish to thank the Sen- can then loan that money to growing on the part of banks that are being ator for her leadership on so many businesses. helped through TARP with some com- other parts of this bill. This is a crit- Other provisions of the bill will help mitment to lend out that money, to ical bill. It is a critical amendment more small businesses sell their prod- get credit flowing again. that is now being offered. ucts overseas or win government con- The issue we have heard more than We are at yet another moment in tracts, and provide much-needed assist- anything about back home, I would this ongoing economic crisis at which ance to SBA’s women’s business cen- say, in terms of businesses and why we have to choose, choose between tak- ters and microloan programs that help they are not adding jobs, is that even ing action to help lift our country and businesses in underserved commu- the businesses that have paid all their its people, or failing to act to alleviate nities.

VerDate Mar 15 2010 03:37 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.093 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6188 CONGRESSIONAL RECORD — SENATE July 22, 2010 The substitute amendment now be- focus of helping small- and medium- to enter a motion to reconsider the fore us does not include one provision sized businesses, people who do not vote by which cloture was not invoked; which I support, but which hopefully have the resources, that when they and the cloture motion on the sub- we will now add. The Small Business want to send their products, 30 percent stitute amendment and the bill be Lending Fund would have provided $30 of them say they want to export. They withdrawn; further, that the Senate billion in capital support to the Na- look at the world, and it looks like one proceed to the House message regard- tion’s small banks. It is similar to the of those ancient maps where you do not ing H.R. 4899, supplemental disaster re- Bank on Our Communities Act that I see all the countries. lief/summer jobs; that the Senate move and many others have supported. They do not have contacts out there. to concur in the House amendment to Some of our colleagues objected to They do not know someone in the Senate amendment to the bill; and this provision, ostensibly on the Kazakhstan or someone in Turkey or vote immediately on the motion to in- grounds that it was a reprise of TARP. someone in Morocco, but yet someone voke cloture on the motion to concur But unlike TARP, in which most of there wants their product. So the in the House amendment to the Senate funds went to the largest institutions, whole idea was to have some resources, amendment to the bill; that if cloture this program targets the community some tools, so they can access those is invoked, then the Senate proceed as banks that actually make the vast ma- markets. We all know that if we are provided under rule XXII; that if clo- jority of small business loans. While going to get out of this economic ture is not invoked, then the motion to many of the financial institutions re- slump, we can do some of it by selling concur be withdrawn, and the Senate ceiving TARP funds failed to use that products in the United States, but a lot then move to disagree to the House support to make the business loans of it has to deal with us selling our amendment to the Senate amendment needed to boost our economic recovery, products abroad because we have to be- to the bill, and that the motion to dis- this program’s whole purpose would be come a country again that makes stuff, agree be agreed to, and the motion to to increase small-business lending. that thinks again, that sends things to reconsider be laid upon the table; that Community banks would be rewarded other countries, that creates jobs in no further amendments or motions be for increasing their small business America, so you turn over something in order to the House message to ac- lending, and penalized if they do not, when you go in a store and it says: company H.R. 4899, except the fol- This program would not cost tax- ‘‘Made in the USA.’’ lowing specified here: Lincoln amend- payers. Instead, it would raise approxi- The way we do that is by selling ment to the motion to concur, with an mately $1.1 billion. At a time when things in our own country but also sell- amendment to the disaster assistance/ some in this chamber say the deficit is ing things to all those customers, all child nutrition; Reid amendment to the such a problem that we cannot even af- those millions and millions of cus- motion to concur with an amendment on the subject of border security; Spec- ford extended benefits for the jobless, tomers who are starting to get buying ter amendment to the motion to con- why would we not support a program power in other countries. But it should cur with an amendment on the con- that would not only help create jobs, not be just for the big businesses; the struction of ocean-going vessels; Reid but reduce the deficit by $1.1 billion? small- and medium-sized businesses amendment to the motion to concur While I strongly support the Small should be able to access those markets with an amendment on the Federal Business Lending Fund, I believe it is as well. Lands Transaction Facilitation Act, an urgent priority to get small busi- That is why this amendment is so in- and the following amendments on the nesses the help they need. Even with- credibly important, an amendment motion to concur with respect to the out the Small Business Lending Fund that came, this piece of it, unani- class action settlement negotiated in- provision, this legislation represents a mously through the Commerce Com- volving African-American farmers and much-needed effort to provide more mittee. It boggles my mind that any- American Indians, jobs for teachers, capital to businesses in need. one would be voting against it. and public safety employer-employee New access to an SBA loan or to sup- I yield the floor. cooperation; that no debate be in order port from a State capital-access pro- Ms. LANDRIEU. Mr. President, I am with respect to any amendment cov- gram can be the difference between ex- hoping we can vote right now, if pos- ered in this agreement; that each be panding or contracting, between grow- sible. I know the Senators all have subject to an affirmative 60-vote ing or going out of business. These schedules. The Senator from Maine was threshold; that if they achieve that businesses and their workers should very kind to say she could even speak threshold, then the amendment be not have to wait for help any longer, after the vote. I appreciate that every- agreed to; if the amendment does not and we can provide it, today, by ap- body has been so patient today. We achieve the threshold, then it be with- proving this bill. have had a good debate. We are trying drawn and the motion to reconsider be Ms. LANDRIEU. I see the Senator to get to a vote on this bill. We are laid upon the table, with no further from Maine. In all fairness, we have waiting for the leadership, but people amendments or motions in order as had a lot of time. I want to yield 1 are going to have other appointments. provided above except the motion to minute to the Senator from Minnesota. The Senator from Maine has agreed to disagree. Then I will be happy to yield. We have speak after the vote, which is very The PRESIDING OFFICER. Is there no time agreements. There are no nice. objection? scheduled votes. I am most certainly I suggest the absence of a quorum. Mr. MCCONNELL. Reserving the not holding up this vote. The leader- The PRESIDING OFFICER. The right to object. ship is not here. I am not sure when we clerk will call the roll. The PRESIDING OFFICER. The Re- are voting. I know Members want to The bill clerk proceeded to call the publican leader. leave. I am not holding up the vote. We roll. Mr. MCCONNELL. Mr. President, I are ready to go to the vote at any time, Mr. REID. Mr. President, I ask unan- object to the Lincoln amendment. I ob- but we do not have any agreement to imous consent that the order for the ject to the Reid amendment, and with go to the vote. quorum call be rescinded. regard to the issue of border security, I Ms. KLOBUCHAR. I thank the Sen- The PRESIDING OFFICER. Without ask unanimous consent that the Sen- ator from Louisiana. Again, I thank objection, it is so ordered. ate proceed to the immediate consider- you for including the piece of this bill Mr. REID. I ask unanimous consent ation of H.R. 3170; that all after the en- on exports because we have waited so that at 8 o’clock tonight, the Senate acting clause be stricken, and the sub- long to include it. This is something proceed to vote on the motion to in- stitute amendment at the desk, which that came out of the Commerce Com- voke cloture on amendment No. 4500; is a fully offset border security provi- mittee. So I appreciate the Small Busi- and that if cloture is invoked, notwith- sion, be agreed to; that the bill, as ness Committee being willing to put standing rule XXII, the Senate then amended, be read a third time and this amendment in there, a bipartisan proceed to the House message to ac- passed, and the motion to reconsider be amendment. company H.R. 4899, as provided in this laid upon the table. It went through the Commerce Com- order; that if cloture is not invoked, The PRESIDING OFFICER. Is there mittee unanimously, with the sole the majority leader then be recognized objection?

VerDate Mar 15 2010 03:37 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.008 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6189 Mr. REID. I object. The PRESIDING OFFICER. Without now where we can finish our business The PRESIDING OFFICER. Objec- objection, the request has been modi- tonight. tion is heard. fied. CLOTURE MOTION Mr. MCCONNELL. Mr. President, I The Senator from Arkansas. The PRESIDING OFFICER. The clo- have a further unanimous consent re- Mrs. LINCOLN. I would like some ture motion having been presented quest. I ask unanimous consent that clarification on that last comment, under rule XXII, the Chair directs the the Senate proceed to the immediate please, from the minority leader. There clerk to read the motion. consideration of H.R. 4853; that all is no objection now on the UC? The legislative clerk read as follows: after the enacting clause be stricken, Mr. MCCONNELL. There has been an CLOTURE MOTION and the substitute amendment at the objection to all of the add-ons. The PRESIDING OFFICER. It is the We, the undersigned Senators, in accord- desk be agreed to; that the bill, as ance with the provisions of rule XXII of the amended, be read a third time and Chair’s understanding that the en- Standing Rules of the Senate, hereby move passed, the motion to reconsider be tirety of the agreement has been to bring to a close debate on the LeMieux- laid upon the table. agreed to except the amendments of Landrieu et al. amendment No. 4500 to the Before the Chair rules, I would like the motion to concur to the supple- Reid-Baucus substitute amendment No. 4499 to clarify that the amendment includes mental. to H.R. 5297, the Small Business Lending provisions that do the following: Mr. REID. Mr. President, I think it is Fund Act of 2010. One, make permanent the $1,000 child fair to the Senator from Arkansas that Harry Reid, Mary L. Landrieu, Sheldon tax credit; two, make permanent the there is an understanding that an Whitehouse, Byron L. Dorgan, Roland W. Burris, Richard J. Durbin, John D. deduction for State and local sales tax; amendment that passed this body at Rockefeller, IV, Robert Menendez, Carl three, make permanent the expired re- least 6 months ago, that was bipartisan Levin, Daniel K. Akaka, Debbie search and experimentation credit; in nature, that gave emergency funding Stabenow, Patty Murray, Jack Reed, four, repeal section 9006 of the Patient for a number of States because of agri- Maria Cantwell, Dianne Feinstein, Protection and Affordable Care Act, cultural disasters, the question is, Is Daniel K. Inouye, Bernard Sanders. the small business 1099 paperwork man- that being objected to? The PRESIDING OFFICER. By unan- date; five, add a sense of the Senate on Mrs. LINCOLN. That is not my ques- imous consent, the mandatory quorum the recess appointment of Dr. Donald tion. call is waived. Berwick, based on the Roberts amend- Mr. REID. I am sorry then. The question is, Is it the sense of the ment No. 4512; and extend the alter- Mrs. LINCOLN. My question is what Senate that debate on amendment No. native minimum tax patch for 2009 per- is the pending issue and is the question 4500 to amendment No. 4499 to H.R. manently, adjusted for inflation. on whether there is an objection to the 5297, the Small Business Lending Fund The PRESIDING OFFICER. Is there supplemental; is that correct? Act of 2010, shall be brought to a close? objection? The PRESIDING OFFICER. It is the The yeas and nays are mandatory Mr. REID. Mr. President, those are Chair’s understanding that the major- under the rule. laudable goals. I look forward to work- ity leader’s request, as amended, is The clerk will call the roll. ing with my friends on the other side of agreed to. The legislative clerk called the roll. the aisle to come to conclusion of these Mr. REID. I don’t want any mis- Mr. DURBIN. I announce that the matters. But at this stage, I think it is understanding. If anyone is objecting Senator from Vermont (Mr. LEAHY) is pretty late at night, and we have had to our moving forward on the supple- necessarily absent. little opportunity to talk to our com- mental, this is the time to speak. Mr. KYL. The following Senators are mittees. In fact, it would just not work Mr. MCCONNELL. Mr. President, it is necessarily absent: the Senator from at this stage. So I object. my understanding the only thing in South Carolina (Mr. DEMINT) and the The PRESIDING OFFICER. Objec- order is the vote on cloture on the mo- Senator from Missouri (Mr. BOND). tion is heard. tion to concur on the supplemental. Further, if present and voting, the The PRESIDING OFFICER. The Sen- Mrs. LINCOLN. I would like to wage Senator from South Carolina (Mr. ator from Wyoming. my objection until I can further dis- DEMINT) would have voted ‘‘nay.’’ Mr. BARRASSO. Mr. President, I ask cuss it with the majority leader. The PRESIDING OFFICER (Mr. unanimous consent that the Senate The PRESIDING OFFICER. Objec- BURRIS). Are there any other Senators proceed to the immediate consider- tion is heard. in the Chamber desiring to vote? ation of H.R. 4853; that all after the en- Mr. REID. I suggest the absence of a The yeas and nays resulted—yeas 60, acting clause be stricken and the sub- quorum. nays 37, as follows: The PRESIDING OFFICER. The stitute amendment at the desk, which [Rollcall Vote No. 218 Leg.] would add the previously requested clerk will call the roll. YEAS—60 lawsuit settlement language, modified The bill clerk proceeded to call the with a rescission of unobligated stim- roll. Akaka Gillibrand Murray Baucus Goodwin Nelson (NE) ulus funds to cover the costs and modi- Mr. REID. Mr. President, I ask unan- Bayh Hagan Nelson (FL) fied to reflect Barrasso amendment No. imous consent that the order for the Begich Harkin Pryor 4313, be agreed to; that the bill, as quorum call be rescinded. Bennet Inouye Reed The PRESIDING OFFICER (Mr. Bingaman Johnson Reid amended, be read a third time and Boxer Kaufman Rockefeller passed, and the motion to reconsider be WHITEHOUSE). Without objection, it is Brown (OH) Kerry Sanders laid upon the table. so ordered. Burris Klobuchar Schumer The PRESIDING OFFICER. Is there Mr. REID. Mr. President, I renew my Cantwell Kohl Shaheen Cardin Landrieu Specter objection? earlier unanimous consent request Carper Lautenberg Stabenow Mr. REID. Reserving the right to ob- with the exception of those exceptions. Casey LeMieux Tester ject, we have been through this before. The PRESIDING OFFICER. Without Conrad Levin Udall (CO) objection, it is so ordered. Dodd Lieberman Udall (NM) This is a ‘‘beat up the lawyer’’ amend- Dorgan Lincoln Voinovich ment. We will not agree to that. I ob- Mr. REID. I ask unanimous consent Durbin McCaskill Warner ject. that the Monday quorum be waived Feingold Menendez Webb The PRESIDING OFFICER. Objec- with respect to the House message. Feinstein Merkley Whitehouse Franken Mikulski Wyden tion is heard. The PRESIDING OFFICER. Without The Republican leader. objection, it is so ordered. NAYS—37 Mr. MCCONNELL. Mr. President, it is Mr. REID. Mr. President, I appreciate Alexander Coburn Graham my understanding there has been an very much the inordinate amount of Barrasso Cochran Grassley Bennett Collins Gregg objection to everything but the cloture time that everyone has waited. I am Brown (MA) Corker Hatch vote on the supplemental. sorry we had to do that. But Senators Brownback Cornyn Hutchison Mr. REID. And small business. LINCOLN and CHAMBLISS have been real Bunning Crapo Inhofe Mr. MCCONNELL. And the small professionals. They have done a lot of Burr Ensign Isakson Chambliss Enzi Johanns business bill. talking. But I think we are at a point

VerDate Mar 15 2010 05:01 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.096 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6190 CONGRESSIONAL RECORD — SENATE July 22, 2010 Kyl Risch Thune The PRESIDING OFFICER. Are there Secretary Gates spoke to my Repub- Lugar Roberts Vitter any other Senators in the Chamber de- lican colleagues and me about the need McCain Sessions Wicker McConnell Shelby siring to vote? to pass the defense supplemental so the Murkowski Snowe The yeas and nays resulted—yeas 46, training and pay of our military would NOT VOTING—3 nays 51, as follows: not be at risk. [Rollcall Vote No. 219 Leg.] He has also written to the majority Bond DeMint Leahy YEAS—46 leader and asked that we finish this The PRESIDING OFFICER. On this Akaka Gillibrand Murray supplemental before the August recess vote, the yeas are 60, the nays are 37. Baucus Goodwin Nelson (NE) so that he will not be forced to fur- Three-fifths of the Senators duly cho- Bingaman Hagan Nelson (FL) lough thousands of civilian employees sen and sworn having voted in the af- Boxer Harkin Reed at the Department of Defense. Brown (OH) Inouye firmative, the motion is agreed to. Reid It has taken until this late date to Burris Johnson Rockefeller f Cantwell Kaufman Sanders now vote once again on funding for our Cardin Kerry Schumer All-Volunteer Force. With each passing MAKING SUPPLEMENTAL APPRO- Casey Klobuchar Shaheen day we approach the end of the fiscal Conrad Kohl PRIATIONS FOR THE FISCAL Stabenow Dodd Lautenberg year and Secretary Gates loses the YEAR ENDING SEPTEMBER 30, Tester Dorgan Levin ability to shift funding from other ac- 2010 Durbin Lincoln Udall (NM) Whitehouse tivities in the Defense Department to The PRESIDING OFFICER. Under Feingold Menendez Feinstein Merkley Wyden the training of our forces scheduled to the previous order, the Senate will pro- Franken Mikulski deploy. ceed to the House message to accom- I am afraid we are losing sight of the NAYS—51 pany H.R. 4899, which the clerk will re- purpose of these war supplemental port. Alexander Crapo McCaskill bills. These bills are not for forward- Barrasso Ensign McConnell The assistant legislative clerk read Bayh Enzi Murkowski funding domestic programs. They are as follows: Begich Graham Pryor not for funding projects that won’t pass Resolved that the House agree to the Bennet Grassley Risch elsewhere. Bennett Gregg Roberts It would be irresponsible to give the amendment of the Senate to the title of the Brown (MA) Hatch Sessions bill (H.R. 4899) entitled ‘‘An Act making sup- Brownback Hutchison Shelby House any further reason to shirk the plemental appropriations for the fiscal year Bunning Inhofe Snowe responsibility of getting this funding ending September 30, 2010, and for other pur- Burr Isakson Specter to our fighting forces. poses,’’ and be it further resolved that the Carper Johanns Thune We need to pass this supplemental to- Chambliss Kyl Udall (CO) House agree to the amendment of the Senate night, send it back to the House and re- to the text of the aforesaid bill with an Coburn Landrieu Vitter Cochran LeMieux Voinovich ject any delaying tactic or additional amendment. Collins Lieberman Warner matters that can wait for future con- CLOTURE MOTION Corker Lugar Webb Cornyn McCain Wicker sideration in this session. The PRESIDING OFFICER. Pursuant Mr. FEINGOLD. Mr. President, I to rule XXII, the clerk will report the NOT VOTING—3 voted to end debate on the House motion to invoke cloture. Bond DeMint Leahy amendment to the supplemental appro- The legislative clerk read as follows: The PRESIDING OFFICER. On this priations bill because that amendment CLOTURE MOTION vote, the yeas are 46, the nays are 51. addresses important domestic prior- We, the undersigned Senators, in accord- Three-fifths of the Senators duly cho- ities for Wisconsin and this country ance with the provisions of rule XXII of the sen and sworn not having voted in the without adding a penny to the deficit. Standing Rules of the Senate, hereby move affirmative, the motion is rejected. The amendment provides $10 billion to to bring to a close debate on the motion to Under the previous order, the motion help school districts around the coun- concur in the House amendment to the Sen- to concur is withdrawn. try facing funding shortfalls due to the ate amendment to H.R. 4899, an act making supplemental appropriations for the fiscal The motion to disagree to the House ongoing recession, all of it paid for. It year ending September 30, 2010. amendment to the Senate amendment also provides almost $5 billion in fully Daniel K. Inouye, Tom Harkin, Chris- to H.R. 4899 is considered made; the offset funding to help ensure that the topher J. Dodd, Patrick J. Leahy, Max motion to disagree is agreed to; and millions of low income students who Baucus, Richard J. Durbin, Charles E. the motion to reconsider is considered receive Pell grants do not see reduc- Schumer, Al Franken, Patty Murray, made and laid upon the table. tions in their awards. Benjamin L. Cardin, Jack Reed, Roland Mr. MCCONNELL. Mr. President, The House amendment also includes W. Burris, Dianne Feinstein, Mark today, tomorrow and the next day ma- a provision to give public safety em- Begich, Amy Klobuchar, Byron L. Dor- rines and soldiers will patrol the ployees, like firefighters and police of- gan, Mark Udall. streets of places like Marja and ficers, collective bargaining rights. The PRESIDING OFFICER. By unan- Garmsir and assist Afghan policemen While Wisconsin and other States al- imous consent, the mandatory quorum in the areas around Kandahar. ready protect public safety employees’ call has been waived. They are well trained, they are in- collective bargaining rights, there are The question is, Is it the sense of the tent on accomplishing the mission they still several States that do not. Police Senate that debate on the motion to have been given, and they are sup- officers, firefighters, and other public concur in the House amendment to the ported by loving families here at home. safety officers are on the front lines of Senate amendment to H.R. 4899, the For their sacrifice, they ask little. protecting our communities and we Supplemental Appropriations Act of They ask that they be well led, pre- should ensure that these hard working 2010, shall be brought to a close? pared, and to have clear-cut missions professionals have the ability to bar- The yeas and nays are mandatory and guidance. They ask that their fam- gain for better wages and working con- under the rule. ilies be cared for. ditions. The clerk will call the roll. We have become so used to their sac- However, I continue to oppose fund- The assistant legislative clerk called rifice in the days, months, and years ing for a massive, open-ended war in the roll. since September 11, 2001, that it may Afghanistan. This war funding will add Mr. DURBIN. I announce that the become easy to take the extraordinary tens of billions to our deficit without Senator from Vermont (Mr. LEAHY) is service rendered by this All-Volunteer contributing to our national security. necessarily absent. Force for granted. f Mr. KYL. The following Senators are So easy, it seems, that the funding necessarily absent: the Senator from request submitted by Secretary Gates MORNING BUSINESS South Carolina (Mr. DEMINT) and the in February to fund combat operations Mr. BEGICH. Mr. President, I ask Senator from Missouri (Mr. BOND). has languished here in the Congress for unanimous consent that the Senate Further, if present and voting, the months. proceed to a period of morning busi- Senator from South Carolina (Mr. As a Senate, we should not take this ness, with Senators permitted to speak DEMINT) would have voted ‘‘nay.’’ sacrifice for granted. for up to 10 minutes each.

VerDate Mar 15 2010 03:37 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.009 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6191 The PRESIDING OFFICER. Without REMEBERING FORMER GOVERNOR out her community. Her boundless en- objection, it is so ordered. KENNY GUINN ergy is apparent in the daily early Mr. BEGICH. I note the absence of a Mr. REID. Mr. President, I have just morning walks she takes through her quorum. learned of the loss of one of my dear neighborhood and the unflagging devo- The PRESIDING OFFICER. The friends. He was an orphan. He was a tion to combating poverty she displays clerk will call the roll. stellar athlete. He came to Las Vegas through her work at the Franciscan The asistant legislative clerk pro- to be a schoolteacher, but he had such house. She speaks five languages, a tes- ceeded to call the roll. a dynamic personality that soon they tament to her incredible mind and her Mr. REID. Mr. President, I ask unan- learned in that rapidly growing school experience in spreading peaceful ideas imous consent that the order for the district, which is the fourth or fifth throughout the world. quorum call be rescinded. largest in the country, that they need- In addition to her work with the Franciscan Order, Sister Lynch found- The PRESIDING OFFICER. Without ed his kind of leadership. He went from ed the Pace e Bene Nonviolence Serv- objection, it is so ordered. being a teacher to running that huge ice, a group dedicated to educating school district in Las Vegas, the Clark communities about theories of peaceful f County School District. He had such a magnetic personality. conflict resolution. This organization UNANIMOUS CONSENT Kenny Guinn was built like an athlete. celebrated 20 years of activity last AGREEMENT—H.R. 5297 He was handsome as a movie star. year, and it continues its mission internationally due to the efforts of Mr. REID. Mr. President, I ask unan- He left the school district after a Sister Lynch. ‘‘Pace e Bene’’ means imous consent that the postcloture number of years and became a bank ‘‘peace and all good’’ in Italian, and I time with respect to the Landrieu- president. He became a big utility cannot think of a better phrase to de- LeMieux amendment No. 4500 suspend president in our major utility in Ne- scribe the life’s work of Sister Rose- until such time as the Senate resumes vada. Then he became president of the university. I think he worked for $1 a mary Lynch. consideration of H.R. 5297. I am honored that Sister Lynch has year. He just did it to be nice. The PRESIDING OFFICER. Without offered her services to the State of Ne- Somebody said to him: What you objection, it is so ordered. vada for a significant portion of her should do is run for Governor. It was a life. I thank her for her ceaseless altru- slam dunk. He was a very moderate Re- f ism and selflessness, and I wish her publican. He was elected Governor continued health and success in her en- twice very easily. He did an extremely DISCLOSE ACT—MOTION TO deavors. PROCEED good job as Governor. We do not know what happened to f CLOTURE MOTION Kenny today, but from reports we re- EDUCATION JOBS PACKAGE Mr. REID. Mr. President, I now ask ceived, he was in an accident. He was unanimous consent that it be in order Mr. BENNET. Mr. President, I rise on the roof and fell. He is dead now. I today to urge this body to get our pri- to proceed to Calendar No. 476, S. 3628. feel so badly about this. I talked with The PRESIDING OFFICER. Without orities straight. During this trying mo- him a week or so ago about my cam- ment for struggling families all over objection, it is so ordered. paign and his wonderful, beautiful, Mr. REID. I now move to proceed to America, as we work to get our eco- charming wife Dema. I feel so sad that nomic ship righted, it is our kids and that bill, and I send a cloture motion Kenny is not with us anymore. to the desk. schools that should be at the top of our I join all of Nevada in mourning the list. The PRESIDING OFFICER. Without loss of truly a great man, one of Ne- objection, it is so ordered. And moving forward with a more vada’s outstanding Governors, and a lasting agenda, this body must make The cloture motion having been pre- friend of mine about whom I will al- good on our commitment to ensure sented under rule XXII, the clerk will ways feel strongly. that we leave more opportunity for our state the motion. f children than we ourselves have had. It The assistant legislative clerk read starts with our commitment to edu- as follows: TRIBUTE TO SISTER ROSEMARY LYNCH cation. CLOTURE MOTION We have a very American responsi- We, the undersigned Senators, in accord- Mr. REID. Mr. President, today I rise bility—to set the table for our kids’ fu- ance with the provisions of rule XXII of the to honor Sister Rosemary Lynch for tures; to prepare them for the competi- Standing Rules of the Senate, hereby move her lifetime of promoting peace tive world that awaits them; and to en- to bring to a close debate on the motion to throughout Nevada, the United States, rich their lives with a better education proceed to Calendar No. 476, S. 3628, the DIS- and the entire world. Sister Lynch re- than the one that was offered to us. CLOSE Act. cently celebrated her 93rd birthday, Harry Reid, Charles E. Schumer, Sherrod This is our central calling. Brown, Claire McCaskill, Patrick J. and I am pleased to recognize her life As I have discussed many times be- Leahy, John F. Kerry, Byron L. Dor- and achievements before the U.S. Sen- fore back in Colorado and here on the gan, Patty Murray, Barbara Boxer, Ro- ate. Senate floor, we must be willing to land W. Burris, Robert Menendez, Jack Sister Lynch was born in Phoenix, make the hard choices necessary to Reed, Joseph I. Lieberman, Tom Udall, AZ, but her spiritual service in the jumpstart our economy and put the Kent Conrad, Mark Begich, Robert P. Franciscan Order brought her to Las country on a path that will return us Casey, Jr. Vegas after periods in Mexico, Europe, to fiscal responsibility. This means Mr. REID. Mr. President, I ask unan- Africa, and Indonesia. She began her recognizing how we got into this fiscal imous consent that the mandatory devotion to the Franciscans more than mess—by not paying for our priorities, quorum be waived. 75 years ago and eventually ascended not planning for future emergencies, The PRESIDING OFFICER. Without to an administrative post within the taking on more than we can afford, and objection, it is so ordered. order. Spending 16 years in Italy help- damaging, expensive bailouts. Mr. REID. Mr. President, I ask unan- ing to manage the order’s global orga- Yet we cannot fight our way out of imous consent that the cloture vote on nization, Sister Lynch still found time this fiscal hole riding on the backs of the motion to proceed occur at 2:45 to travel the world to deliver her mes- our kids. It is wrong, and it is a dis- p.m., Tuesday, July 27, with the time sage of compassion. These days, Sister service to them. from 2:15 to 2:45 p.m., equally divided Lynch can be found at the Franciscans’ I support legislation to preserve and controlled between the two lead- house on Bartlett Street in Las Vegas, teacher jobs. And the full Senate must ers, or their designees, with the major- where she devotes her day to assisting do the same. In so many areas, our ity leader controlling the final 15 min- the underprivileged community of the children are taking the brunt of our utes. city. economic downturn. School is one The PRESIDING OFFICER. Without Sister Lynch’s age has not slowed her place we have to try to inoculate from objection, it is so ordered. commitment to spread peace through- economic hardship.

VerDate Mar 15 2010 03:52 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.102 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6192 CONGRESSIONAL RECORD — SENATE July 22, 2010 Hundreds of thousands of teachers all, of the various sections of Title VII of vide consumers with stable, low prices, pro- across the country—including an esti- H.R. 4173, the Dodd-Frank Act. mote investment, and create jobs.) mated 3,000 teachers in Colorado—are The legislation does not authorize the reg- Congress recognized this concern and cre- ulators to impose margin on end users, those ated a robust end user clearing exemption in jeopardy of losing their jobs if we do exempt entities that use swaps to hedge or for those entities that are using the swaps not act. Districts have already cut mitigate commercial risk. If regulators raise market to hedge or mitigate commercial their budgets substantially. The edu- the costs of end user transactions, they may risk. These entities could be anything rang- cation jobs package would preserve create more risk. It is imperative that the ing from car companies to airlines or energy thousands of these middle-class jobs. regulators do not unnecessarily divert work- companies who produce and distribute power I am the first person to say that we ing capital from our economy into margin to farm machinery manufacturers. They also cannot simply continue to do the same accounts, in a way that would discourage include captive finance affiliates, finance hedging by end users or impair economic arms that are hedging in support of manu- thing in education and expect a dif- growth. facturing or other commercial companies. ferent result. We need to improve the Again, Congress clearly stated in this bill The end user exemption also may apply to system so it does a better job of sup- that the margin and capital requirements our smaller financial entities—credit unions, porting our teachers and educating stu- are not to be imposed on end users, nor can community banks, and farm credit institu- dents. the regulators require clearing for end user tions. These entities did not get us into this However, we cannot stand by while trades. Regulators are charged with estab- crisis and should not be punished for Wall schools are devastated by layoffs. Al- lishing rules for the capital requirements, as Street’s excesses. They help to finance jobs well as the margin requirements for all and provide lending for communities all lowing this would be a shortsighted uncleared trades, but rules may not be set in across this nation. That is why Congress pro- blow against our communities. a way that requires the imposition of margin vided regulators the authority to exempt The education jobs package would requirements on the end user side of a lawful these institutions. keep people working, and ensure that transaction. In cases where a Swap Dealer This is also why we narrowed the scope of students can continue learning. This enters into an uncleared swap with an end the Swap Dealer and Major Swap Participant will actually spur economic recovery user, margin on the dealer side of the trans- definitions. We should not inadvertently pull in the short run, preserving thousands action should reflect the counterparty risk in entities that are appropriately managing of the transaction. Congress strongly encour- their risk. In implementing the Swap Dealer of good jobs, and by laying the ground- ages regulators to establish margin require- and Major Swap Participant provisions, Con- work for our kids’ success, it would fos- ments for such swaps or security-based gress expects the regulators to maintain ter prosperity in the long run. swaps in a manner that is consistent with through rulemaking that the definition of Preserving teaching jobs is a com- the Congressional intent to protect end users Major Swap Participant does not capture monsense investment. Yet inside the from burdensome costs. companies simply because they use swaps to Beltway the livelihood of our teachers In harmonizing the different approaches hedge risk in their ordinary course of busi- has become a political pawn. We have taken by the House and Senate in their re- ness. Congress does not intend to regulate spective derivatives titles, a number of pro- seen people using this money as a nego- end-users as Major Swap Participants or visions were deleted by the Conference Com- Swap Dealers just because they use swaps to tiating tool. And we have seen people mittee to avoid redundancy and to stream- hedge or manage the commercial risks asso- force false choices between jobs and line the regulatory framework. However, a ciated with their business. For example, the critical education reforms. Let’s not consistent Congressional directive through- Major Swap Participant and Swap Dealer play politics with our children’s future. out all drafts of this legislation, and in Con- definitions are not intended to include an I call on our colleagues to move gressional debate, has been to protect end electric or gas utility that purchases com- quickly to pass an education jobs pack- users from burdensome costs associated with modities that are used either as a source of age and keep our teachers in the class- margin requirements and mandatory clear- fuel to produce electricity or to supply gas ing. Accordingly, changes made in Con- room so our kids have the tools they to retail customers and that uses swaps to ference to the section of the bill regulating hedge or manage the commercial risks asso- need to succeed. capital and margin requirements for Swap ciated with its business. Congress incor- f Dealers and Major Swap Participants should porated a de minimis exception to the Swap not be construed as changing this important Dealer definition to ensure that smaller in- TREATMENT OF END USERS Congressional interest in protecting end stitutions that are responsibly managing Mrs. LINCOLN. Mr. President, I ask users. In fact, the House offer amending the their commercial risk are not inadvertently unanimous consent to have printed in capital and margin provisions of Sections 731 pulled into additional regulation. and 764 expressly stated that the strike to Just as Congress has heard the end user the RECORD a letter dated June 30, 2010, the base text was made ‘‘to eliminate redun- community, regulators must carefully take from Senator DODD and me to House dancy.’’ Capital and margin standards should into consideration the impact of regulation Chairmen PETERSON and FRANK regard- be set to mitigate risk in our financial sys- and capital and margin on these entities. ing the treatment of end users in the tem, not punish those who are trying to It is also imperative that regulators do not Dodd-Frank Wall Street Reform and hedge their own commercial risk. assume that all over-the-counter trans- Consumer Protection Act, H.R. 4173. Congress recognized that the individual- actions share the same risk profile. While There being no objection, the mate- ized credit arrangements worked out be- uncleared swaps should be looked at closely, rial was ordered to be printed in the tween counterparties in a bilateral trans- regulators must carefully analyze the risk action can be important components of busi- associated with cleared and uncleared swaps RECORD, as follows: ness risk management. That is why Congress and apply that analysis when setting capital U.S. SENATE, specifically mandates that regulators permit standards for Swap Dealers and Major Swap Washington, DC, June 30, 2010. the use of non-cash collateral for Participants. As regulators set capital and Hon. Chairman BARNEY FRANK, counterparty arrangements with Swap Deal- margin standards on Swap Dealers or Major Financial Services Committee, House of Rep- ers and Major Swap Participants to permit Swap Participants, they must set the appro- resentatives, Rayburn House Office Build- flexibility. Mitigating risk is one of the most priate standards relative to the risks associ- ing, Washington, DC. important reasons for passing this legisla- ated with trading. Regulators must carefully Hon. Chairman COLLIN PETERSON, tion. consider the potential burdens that Swap Committee on Agriculture, House of Representa- Congress determined that clearing is at the Dealers and Major Swap Participants may tives, Longworth House Office Building, heart of reform—bringing transactions and impose on end user counterparties—espe- Washington, DC. counterparties into a robust, conservative cially if those requirements will discourage DEAR CHAIRMEN FRANK AND PETERSON: and transparent risk management frame- the use of swaps by end users or harm eco- Whether swaps are used by an airline hedg- work. Congress also acknowledged that nomic growth. Regulators should seek to im- ing its fuel costs or a global manufacturing clearing may not be suitable for every trans- pose margins to the extent they are nec- company hedging interest rate risk, deriva- action or every counterparty. End users who essary to ensure the safety and soundness of tives are an important tool businesses use to hedge their risks may find it challenging to the Swap Dealers and Major Swap Partici- manage costs and market volatility. This use a standard derivative contracts to ex- pants. legislation will preserve that tool. Regu- actly match up their risks with counterpar- Congress determined that end users must lators, namely the Commodity Futures Trad- ties willing to purchase their specific expo- be empowered in their counterparty rela- ing Commission (CFTC), the Securities and sures. Standardized derivative contracts may tionships, especially relationships with swap Exchange Commission (SEC), and the pru- not be suitable for every transaction. Con- dealers. This is why Congress explicitly gave dential regulators, must not make hedging gress recognized that imposing the clearing to end users the option to clear swaps con- so costly it becomes prohibitively expensive and exchange trading requirement on com- tracts, the option to choose their clearing- for end users to manage their risk. This let- mercial end-users could raise transaction house or clearing agency, and the option to ter seeks to provide some additional back- costs where there is a substantial public in- segregate margin with an independent 3rd ground on legislative intent on some, but not terest in keeping such costs low (i.e., to pro- party custodian.

VerDate Mar 15 2010 03:52 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.078 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6193 In implementing the derivatives title, Con- foreclose any Republican Senator from in the Sixth Circuit, when the Repub- gress encourages the CFTC to clarify voting against the nominee or speaking lican leader blocked consideration of through rulemaking that the exclusion from against the nominee but simply wanted her nomination earlier this week, I the definition of swap for ‘‘any sale of a non- a standard agreement in order to allow provided the history of how nominees financial commodity or security for deferred shipment or delivery, so long as the trans- the majority leader to schedule the de- to the Sixth Circuit by Presidents Clin- action is intended to be physically settled’’ bate and get to a vote. This is for a ton and Bush had been treated. Despite is intended to be consistent with the forward nomination reported favorably by the the fact that Senate Republicans had contract exclusion that is currently in the Judiciary Committee over eight pocket filibustered President Clinton’s Commodity Exchange Act and the CFTC’s months ago with bipartisan support. nominees, Senate Democrats proceeded established policy and orders on this subject, Yet the Republican leader objected and to consider President Bush’s. including situations where commercial par- blocked our consideration. Today I would like to outline the re- ties agree to ‘‘book-out’’ their physical deliv- No one should be confused: the cur- cent history of the Fourth Circuit. Two ery obligations under a forward contract. rent obstruction and stalling by Senate nominees from North Carolina to the Congress recognized that the capital and Republicans is unprecedented. There is Fourth Circuit were the subject of a re- margin requirements in this bill could have an impact on swaps contracts currently in no systematic counterpart by Senate quest for a time agreement by the Sen- existence. For this reason, we provided legal Democrats. In fact, during the first 2 ator from North Carolina last week. certainty to those contracts currently in ex- years of the Bush administration, the The Republican leader objected to any istence, providing that no contract could be 100 judges confirmed were considered agreement to debate and vote on those terminated, renegotiated, modified, amend- by the Democratically controlled Sen- nominations, as well. I note that one of ed, or supplemented (unless otherwise speci- ate an average of 25 days from being re- those North Carolina nominations was fied in the contract) based on the implemen- ported by the Judiciary Committee. reported unanimously by the Judiciary tation of any requirement in this Act, in- The average time for confirmed Fed- Committee, and the other received six cluding requirements on Swap Dealers and Major Swap Participants. It is imperative eral circuit court nominees was 26 Republican votes in favor and only one that we provide certainty to these existing days. The average time for the 36 Fed- vote against. They are supported by contracts for the sake of our economy and fi- eral circuit and district and circuit both Senators from North Carolina, nancial system. court judges confirmed since President one a Republican and one a Democrat. Regulators must carefully follow Congres- Obama took office is 82 days and the Still the Republican leadership refuses sional intent in implementing this bill. average time for Federal circuit nomi- to allow the Senate to consider them. While Congress may not have the expertise nees is 126 days. So when Republicans When I became chairman of the Judi- to set specific standards, we have laid out say that we are moving faster than we ciary Committee midway through our criteria and guidelines for implementing President Bush’s first tumultuous year reform. It is imperative that these standards did during the first 2 years of the Bush are not punitive to the end users, that we en- administration they are wrong. It was in office, I worked very hard to make courage the management of commercial not until the summer of 2001 that the sure Senate Democrats did not perpet- risk, and that we build a strong but respon- Senate majority shifted to Democrats, uate the judge wars as tit-for-tat. In sive framework for regulating the deriva- but as soon as it did, we proceeded on fact, we did not. Senate Republicans tives market. the judicial nominations of President had pocket filibustered more than 60 of Sincerely, Bush, a Republican President. Indeed, President Clinton’s judicial nomina- CHAIRMAN CHRISTOPHER by this date during the second year of tions and refused to proceed on them. DODD, Included among these was one of the Senate Committee on the Bush administration, the Senate Banking, Housing, had confirmed 58 of his judicial nomi- nominees from North Carolina now and Urban Affairs, nations and we were on the way to con- pending before us again, Judge Wynn. U.S. Senate. firming 100 by the end of the year. By Nevertheless, during the 17 months I CHAIRMAN BLANCHE contrast, Republican obstruction of chaired the Judiciary Committee dur- LINCOLN, President Obama’s judicial nominees ing President Bush’s first 2 years in of- Senate Committee on has meant that only 36 of his judicial fice, the Senate proceeded to confirm Agriculture, Nutri- nominees have been confirmed. We 100 of his judicial nominees. The tion, and Forestry, Fourth Circuit was problematic, as I U.S. Senate. have fallen dramatically behind the pace set for consideration of President will explain, but we were able to make f Bush’s nominees. progress there as well. It was not as With respect to Senate Republican much progress as I would have liked, JUDICIAL NOMINATIONS leadership’s current practice of hold- but during the Bush administration we Mr. LEAHY. Mr. President, earlier ing, delaying and obstructing Senate were able to reduce the number of va- this week, I came to the Senate with consideration of judicial nominees re- cancies in the Fourth Circuit. the respected senior Senator from Ten- ported favorably by the Judiciary Com- In contrast to the Republican Senate nessee and sought a time agreement to mittee, this is a tactic they reserve for majority during the Clinton adminis- consider Jane Stranch of Tennessee, a nominees of Democratic Presidents. In- tration that obstructed nominations judicial nomination that has been deed, when President Bush was in the and more than doubled circuit court stalled by the Republican leadership White House, Senate Republicans took vacancies, Senate Democrats contrib- for more than 8 months. It is one of the position that it was unconstitu- uted to the reduction of circuit court more than 20 judicial nominations tional and wholly inappropriate not to vacancies by two-thirds during the being delayed from Senate consider- vote on nominees approved by the Sen- Bush administration. The Senator from ation by Republican objection. Despite ate Judiciary Committee. With a Kentucky complained last week about the support of Senator ALEXANDER, the Democratic President, they have re- two nominations made during the 7th senior Senator from Tennessee who is verted to the secret holds that resulted and 8th years of the Bush administra- part of the Republican leadership, the in pocket filibusters of more than 60 tion, including one that did not have Republican leader objected to a time nominees during the Clinton years. the support of home State Senators. He agreement to consider the Stranch Last year, Senate Republicans success- did not mention that, during the Clin- nomination to the Sixth Circuit. I was fully stalled all but a dozen Federal ton administration, Senate Repub- disappointed, as I have been repeatedly circuit and district court nominees. licans pocket filibustered five of Presi- by Republican obstruction since Presi- That was the lowest total number of dent Clinton’s nominations to the dent Obama was elected. judges confirmed in more than 50 Fourth Circuit, resulting in a doubling Senate Republicans have further years. They have continued that prac- of Fourth Circuit vacancies, which rose ratcheted up the obstruction and par- tice despite the fact that judicial va- from two to five. The Republican lead- tisanship that have regrettably become cancies continue to hover around 100, er did not mention that Senate Repub- commonplace this Congress with re- with more than 40 declared judicial licans did not proceed on even one of gard to judicial nominees. We asked emergencies. President Clinton’s Fourth Circuit merely for a time agreement to debate Since the nomination of Jane nominees during the last three years of and vote on the nomination. I did not Stranch of Tennessee is for a vacancy his administration or the fact that, by

VerDate Mar 15 2010 05:01 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.013 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6194 CONGRESSIONAL RECORD — SENATE July 22, 2010 contrast, Senate Democrats did pro- these policies and their legal justifica- lina Court of Appeals Judge James ceed to confirm Judge Agee of Virginia tions. Wynn, and Professor Elizabeth Gibson. to the Fourth Circuit in the last few The Haynes nomination led the Rich- The failure to proceed on these nomi- months of the Bush administration. mond Times-Dispatch to write an edi- nations has yet to be explained. Had ei- The fact is that Senate Democrats torial in late 2006 entitled ‘‘No Vacan- ther Judge Beaty or Judge Wynn been did not do what Republicans are appar- cies,’’ about the President’s counter- considered and confirmed, he would ently now doing—retaliating for per- productive approach to nominations in have been the first African-American ceived slights. We did not engage in tit- the Fourth Circuit. The editorial criti- judge appointed to the Fourth Circuit. for-tat. When I became chairman of the cized the Bush administration for pur- In contrast, I worked to break Judiciary Committee midway through suing political fights at the expense of through the impasse and to confirm President Bush’s first year in office, filling vacancies. According to the Judge Allyson Duncan of North Caro- the first nominee the Judiciary Com- Times-Dispatch, ‘‘The president erred lina to the Fourth Circuit when Presi- mittee and the Senate considered was a by renominating . . . and may be squan- dent Bush nominated her. I also Virginia nominee to the Fourth Cir- dering his opportunity to fill numerous worked to reduce Federal judicial va- cuit. Judge Roger Gregory had been other vacancies with judges of right cancies in North Carolina by con- pocket filibustered by Senate Repub- reason.’’ The Times-Dispatch editorial firming eight district court judges dur- licans after being nominated by Presi- focused on the renomination of Mr. ing the Bush administration. By con- dent Clinton. We also considered and Haynes, but could just as easily have trast, during the entire 8 years of the confirmed the controversial nomina- been written about other controversial Clinton administration, only one dis- tion of Judge Dennis Shedd from South Fourth Circuit nominees. trict court judge was allowed to be con- Carolina to the Fourth Circuit before Another example is President Bush’s firmed for North Carolina. the end of that Congress. Senate Demo- nominations of Duncan Getchell, over Overall judicial vacancies were re- crats cooperated in order to break a the objections of both his home State duced during the Bush years to less longstanding logjam that had pre- Senators, a Republican and a Demo- than 4 percent. Federal judicial vacan- vented any North Carolina representa- crat. That nomination was later with- cies are now over 10 percent. During tion on the Fourth Circuit for many drawn. the Bush years, the Federal circuit years with the confirmation of Judge Another example is President Bush’s court vacancies were reduced from a Allyson Duncan to the Fourth Circuit nomination of Claude Allen to a va- high of 32 down to single digits after in 2003. cancy in Maryland, despite the fact Senate Republicans had more than In 2008, under my chairmanship of that he was opposed by both Maryland doubled circuit court vacancies during the Judiciary Committee, we moved Senators. That nomination was with- the last 6 years of the Clinton adminis- forward to confirm Judge G. Steven drawn and Allen was later arrested and tration. Our progress has not continued Agee of Virginia to the Fourth Circuit. convicted of fraud. with President Obama. Instead, Repub- The confirmation of Judge Agee was The President insisted on nominating lican obstruction is putting that one more Fourth Circuit confirmation and renominating Terrence Boyle over progress at risk. During the Bush than Senate Republicans would allow the course of 6 years to a North Caro- years, we reduced vacancies on nine during the last 3 years of the Clinton lina vacancy on the Fourth Circuit. circuits. Since then, vacancies on six administration and allowed us to re- This despite the fact that as a sitting circuits have risen and circuit court duce the vacancies on the circuit dur- U.S. district judge and while a circuit vacancies have doubled from their low ing the Bush administration by one. court nominee, Judge Boyle ruled on point. While I would have liked to have been multiple cases involving corporations There did come a time in the 108th more productive, and would have been in which he held investments. The Congress when President Bush and had the Bush administration not been President should have heeded the call Senate Republicans were intent on intent on packing the court, we were of North Carolina Police Benevolent packing the courts with ideologues, able to reduce the vacancies on the Association, the North Carolina Troop- and the Republican chairman of the Fourth Circuit during the Bush admin- ers’ Association, the Police Benevolent Judiciary rewrote or broke our rules istration and reverse the effect of Sen- Associations from South Carolina and and practices in his attempt to assist ate Republicans’ obstruction of Presi- Virginia, the National Association of that effort. They forced filibusters of dent Clinton’s nominees. That is a Police Organizations, the Professional nominees. Most of those were ulti- more accurate snapshot of the recent Fire Fighters and Paramedics of North mately confirmed and some withdrew, history of the Fourth Circuit than the Carolina, as well as the advice of the including Miguel Estrada who with- isolated nominations at the end of the Senator from North Carolina who op- drew when the Bush administration Bush administration that the Repub- posed the nomination. Law enforce- would not accommodate Senate re- lican leader referenced as if they justi- ment officers from North Carolina and quests for access to information about fied his objection to proceeding to de- across the country opposed the nomi- his work. Senate Democrats did not bate and vote on the consensus nomi- nation. Civil rights groups opposed the replicate or retaliate for Republican nations of Judge James Wynn and nomination. Those knowledgeable and excesses during the Clinton years. As Judge Albert Diaz now. respectful of judicial ethics opposed chairman I proceeded on judicial nomi- The Fourth Circuit is a good example the nomination. President Bush per- nees I opposed, I made blue slips public of how much time and effort was wast- sisted for 6 years before withdrawing and Senate Democrats debated judicial ed on ideological nominations by Presi- the Boyle nomination. nominees in public and gave their rea- dent Bush. For example, there was the I mention these ill-advised nomina- sons for opposition rather than relying highly controversial and failed nomi- tions because Senate Republicans seem as Senate Republicans had on secret nation of William ‘‘Jim’’ Haynes II, to to have forgotten this recent history holds and pocket filibusters. the Fourth Circuit. Senator GRAHAM of and why there are continuing vacan- I have not done what the Republican South Carolina criticized that nomina- cies on the Fourth Circuit. The efforts chairman did. I have respected and pro- tion just recently during the Judiciary and years wasted on President Bush’s tected the rights of the minority. I Committee consideration of the nomi- ideological nominations followed in the have followed our rules and practices. nation of Elena Kagan to the Supreme wake of the Republican Senate major- President Obama has not done what Court. As general counsel at the De- ity’s refusal to consider President Clin- President Bush did by making nomina- partment of Defense, he was the archi- ton’s Fourth Circuit nominees. All four tions opposed by home State Senators. tect of many discredited policies on de- nominees from North Carolina to the Instead, President Obama has reached tainee treatment, military tribunals, Fourth Circuit were blocked from con- out and worked with home State Sen- and torture. Mr. Haynes never fulfilled sideration by the Republican Senate ators from both parties. He has identi- the pledge he made to me under oath at majority. These outstanding nominees fied well-qualified nominees. Despite his hearing to supply the materials he included U.S. District Court Judge our efforts, the qualifications of the discussed in an extended opening state- James Beaty, Jr., U.S. Bankruptcy nominees, and the support of home ment regarding his role in developing Judge J. Richard Leonard, North Caro- State Senators, including Republican

VerDate Mar 15 2010 03:52 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.013 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6195 Senators, Senate Republicans have fili- on this consensus nomination, the Sen- I thank Mr. Baker for his service. Mr. bustered, obstructed and delayed con- ate had to invoke cloture to end the Baker is survived by wife Heidy, four sideration of President Obama’s judi- stalling. When the vote was finally children, and a grandson. cial nominees favorably reported by taken, it was unanimous. No Senator Mr. President, I ask unanimous con- the Judiciary Committee. voted against this nomination or spoke sent to have printed in the RECORD I have tried to ratchet up the co- against it. So, I asked, why the stall- First Lieutenant Baker’s Medal of operation between parties and branches ing? Tragically, that stalling and ob- Honor citation and an article that ap- in my role as chairman. It is dis- struction has continued and is con- peared in the Casper Star Tribune. appointing to see the Senate Repub- tinuing. I said then that even when Re- There being no objection, the mate- lican leadership take the opposite ap- publicans cannot say no, they nonethe- rial was ordered to be printed in the proach. They are holding up for no less demand that the Senate go slow. RECORD as follows: good reason consideration of nominees This is wrong. Judge Keenan’s nomina- Citation: For extraordinary heroism in ac- reported from the Judiciary Com- tion is just one example from several tion on 5 and 6 April 1945, near Viareggio, mittee for weeks and months. Their where after stalling and delaying con- Italy. Then Second Lieutenant Baker dem- pattern is to stall and obstruct. Repub- sideration for weeks and months for no onstrated outstanding courage and leader- licans’ sense of injury is misplaced in ship in destroying enemy installations, per- good reason, Senate Republicans do not sonnel and equipment during his company’s my view. Moreover, the vote against the nomination. attack against a strongly entrenched enemy disproportionateness of their response I suspect that will happen again with in mountainous terrain. When his company to perceived slights disserves the the North Carolina nominees to the was stopped by the concentration of fire American people and our Federal jus- Fourth Circuit whose consideration the from several machine gun emplacements, he tice system. Republican leader objected to last crawled to one position and destroyed it, I was interested to see the Repub- week. After all, they were reported 18 killing three Germans. Continuing forward, lican leader in his statement last week to 1 and 19 to 0. Judge James Wynn of he attacked an enemy observation post and killed two occupants. With the aid of one of claim credit for the confirmations of North Carolina and Judge Albert Diaz Judge Andre Davis of Maryland and his men, Lieutenant Baker attacked two of North Carolina are examples of the more machine gun nests, killing or wounding Judge Barbara Keenan of Virginia to judicial nominees being stalled who the four enemy soldiers occupying these po- the Fourth Circuit. I would be de- would be confirmed by the Senate if sitions. He then covered the evacuation of lighted to praise the Republican leader the Senate Republican leadership the wounded personnel of his company by oc- were he to work with us, and I look for- would agree to debate and vote on cupying an exposed position and drawing the ward to doing so were he to agree with- them. The list includes not only the 21 enemy’s fire. On the following night Lieuten- out further delay to debates and Federal circuit and district court ant Baker voluntarily led a battalion ad- vance through enemy mine fields and heavy prompt votes on the more than 20 judi- nominees currently stalled by Repub- cial nominees now being stalled by Re- fire toward the division objective. Second lican objection from final Senate con- Lieutenant Baker’s fighting spirit and dar- publican objection. sideration, but also many of the 36 con- ing leadership were an inspiration to his men Let us remember what happened with firmed but who were needlessly de- and exemplify the highest traditions of the the two nominees he now mentions: the layed. What is being perpetuated is a Armed Forces. nomination of Judge Andre Davis was shame that does harm to the American stalled for 5 months after being re- people and the Federal courts. [From the Associated Press] ported by the Judiciary Committee MEDAL OF HONOR HERO DIES with a strong bipartisan majority by a f WYOMING NATIVE OVERCAME DISCRIMINATION, vote of 16 to 3. Some would say this SEGREGATION IN MILITARY nomination was delayed for 10 years REMEMBERING FIRST (By Rebecca Boone) LIEUTENANT VERNON BAKER since Judge Davis had been nominated ST. MARIES, IDAHO.—Wyoming native by President Clinton toward the end of Mr. BARRASSO. Mr. President, I rise Vernon Baker, who belatedly received the his administration in 2000 and was not today to pay tribute to 1LT Vernon Medal of Honor for his role in World War II, confirmed until 2010. Judge Davis was a Baker, a native of Cheyenne, WY. Our died at his home near St. Maries, Idaho. He was 90. well-respected judge who had served for Nation has lost a son of Wyoming and Baker died Tuesday of complications of 14 years as a Federal district judge and hero of World War II. brain cancer, Benewah County Coroner and before that for 8 years as a Maryland First Lieutenant Baker not only funeral home owner Ron Hodge said. State court judge and had received the fought the fascist Axis powers but he Then-President Bill Clinton presented the highest rating by the ABA. I under- also fought to serve in a segregated nation’s highest award for battlefield valor stand why the Republican leader ulti- U.S. Army. Vernon Baker’s life story is to Baker in 1997. He was one of just seven mately voted for him, along with more a testament to no door or opportunity black soldiers to receive it and the only liv- ing recipient. than 70 other Senators who provided a can be permanently shut in the United ‘‘The only thing that I can say to those strong bipartisan majority once Repub- States. who are not here with me is, ‘Thank you, licans allowed the vote to proceed. It is As a young man, Mr. Baker made the fellas, well done,’ ’’ Baker told The Wash- up to each Senator how he or she decision to serve his country in World ington Post after the ceremony. ‘‘ ‘And I will chooses to vote. My concern is that the War II by joining the U.S. Army. He always remember you.’ ’’ debate and vote on the nomination was was initially told by Army recruiters In 1944, 2nd Lt. Baker was sent to Italy he could not sign up because he was with a full platoon of 54 men. On April 5, he needlessly stalled for 5 months. and his soldiers found themselves behind The case of Judge Barbara Keenan is Black. His determination to serve his enemy lines near Viareggio, Italy. even more troubling. Judge Keenan had country was not deterred. Vernon re- When concentrated enemy fire from sev- been a judge for 29 years and served on turned to the Cheyenne recruiting of- eral machine gun emplacements stopped his each of the four levels of Virginia State fice and found a recruiter who would company’s advance, Baker crawled to one courts. The ABA awarded her its high- sign him up. and destroyed it, killing three Germans. est rating as did the Virginia State First Lieutenant Baker went on to Continuing forward, he attacked an enemy Bar. Judge Keenan’s nomination was serve with the 92nd Infantry Division’s observation post and killed two occupants. With the aid of one of his men, Baker at- reported unanimously by the Judiciary 370th Regiment, an all Black unit in tacked two more machine gun nests, killing Committee on October 29, 2009. It took Italy. Throughout his World War II or wounding the four enemy soldiers occu- until March 2, more than 4 months, to service, Mr. Baker was awarded the pying these positions. Then he covered the get the Senate to debate and vote on Bronze Star, Purple Heart, and the Dis- evacuation of his wounded soldiers by occu- this nomination after it was unani- tinguished Service Cross. Fifty years pying an exposed position and drawing the mously reported. And even that does later, First Lieutenant Baker was enemy’s fire. not fully indicate the Republican ob- awarded the Medal of Honor for his On the following night, Baker voluntarily led a battalion advance through enemy mine struction. It also took the majority leadership and bravery in destroying a fields and heavy fire. leader’s filing a cloture petition to number of German positions near In all, Baker and his platoon killed 26 Ger- bring the nomination to a vote. Having Viareggio, Italy, almost single mans and destroyed six machine gun nests, refused to agree to a time agreement handedly. two observer posts and four dugouts.

VerDate Mar 15 2010 05:01 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.013 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6196 CONGRESSIONAL RECORD — SENATE July 22, 2010 He said later he felt the company com- began receiving hospice care at his home. digging machine unearthed a metal ob- mander, who said he was going to get rein- Baker was surrounded by his family when he ject, which was put in the bank. Upon forcements, had abandoned his group of men. died Tuesday evening. further examination, and after it was Hodge said Baker’s wife, Heidi Baker, plans ‘‘It made me all the more determined to ac- cleaned, it was determined to be a complish our mission,’’ he told the PBS se- to have a memorial service in St. Maries but ries ‘‘American Valor.’’ ‘‘Because at that the arrangements have not yet been made. sculpture of two hands clasping a rose time the Army was segregated. It was He said Heidi Baker also planned to talk branch with a snake winding through thought that we were unable to fight.’’ with military officials about possibly having the hands. The origin of this unex- No black soldiers were awarded the Medal Baker buried at Arlington National Ceme- pected find is still unknown. of Honor during World War II, although tery. To honor its 100 year anniversary, Baker did receive the Purple Heart, a Bronze A war hero, Baker was also a man of peace. the Timber Lake community is having Star and Distinguished Service Cross. After receiving the award, he told a news- a ‘‘Days of 1910’’ celebration, complete In 1993, U.S. Army officials contracted paper reporter for the Moscow-Pullman Shaw University in Raleigh, N.C., to deter- Daily News: ‘‘I hope never to see someone with a banquet, a talent show and play, mine if there was a racial disparity in the else having the Medal of Honor hung around and a viewing of 4–H exhibits. I am way Medal of Honor recipients were selected. his neck by the president of the United proud to recognize them on their his- The university researchers found that there States. You young people coming up, please toric milestone, and I look forward to was, and recommended 10 soldiers to receive don’t take war as a solution to a problem. seeing what else this great town ac- it. From that list, Pentagon officials picked God gave you the brains to think and not to complishes.∑ seven. use violence as a means to an end.’’ f But there was one problem—the statutory f limit for presentation had expired. Congress TRIBUTE TO SONYA DAMSKER was required to pass legislation that allowed ADDITIONAL STATEMENTS LEFKOVITS the president to award the Medals of Honor ∑ so long after the action. Mr. SHELBY. Mr. President, today I Baker was the only recipient still living; GANN VALLEY, SOUTH DAKOTA wish to pay tribute to Sonya Damsker the other six soldiers received their awards ∑ Mr. JOHNSON. Mr. President, today Lefkovits, who is being honored by the posthumously, with their medals being pre- I pay tribute to the 125th anniversary Columbiana Chamber of Commerce for sented to family members. her dedication and service to her com- Baker was initially rebuffed when he tried of the population center of our State, Gann Valley. This community, just 15 munity. to join the Army. Baker said in an interview Sonya was born May 6, 1923, in Mem- with public television that a recruiter told minutes away from the Missouri River, him that there was no quota for enlisting is the county seat of Buffalo County. phis, TN, to Louis and Helen ‘‘you people.’’ Gann Valley was named after Herst Richberger Damsker. Raised in Tyler, Reflecting on life in a segregated Army Gann, one of the area’s pioneers as well TX, Sonya graduated from Tyler High unit, he told The Washington Post, ‘‘I was an as the publisher of one of two local School and went on to attend Lou- angry young man. We were all angry. But we newspapers. Gann also donated the isiana State University, where she had a job to do, and we did it.’’ He added, earned a degree in public school music. though, that he ‘‘knew things would get bet- courthouse when the town was founded on January 14, 1885. Since the railroad Following her graduation at LSU, ter, and I’m glad to say that I’m here to see Sonya moved to Birmingham to work it.’’ never came through, a freight line Baker returned to his northern Idaho home made three trips a week to neighboring at the Jewish Welfare Board as its first after the war. When he received a call telling Kimball to bring in goods for the town activities director. It was there that him he was to receive a Medal of Honor, at and ship out the products from the she met her future husband, Norman first he was astonished. Then he was angry. town’s creamery. Leo Lefkovits. ‘‘It was something that I felt should have Gann Valley will spend Saturday, In July, 1947, Sonya married Norman been done a long time ago,’’ he told Idaho July 31, celebrating this historic mile- Leo Lefkovits, and she moved to public television. ‘‘If I was worthy of receiv- Columbiana to operate the Lefkovits ing the Medal of Honor in 1945, I should have stone. A wagon train will arrive in the received it then.’’ morning to kick off the festivities, fol- family mercantile store, The Baker called his 1997 memoir ‘‘Lasting lowed by a parade, games, a dance, and Columbiana Leader. Since arriving in Valor.’’ more. Small towns like Gann Valley Columbiana, AL, nearly 63 years ago, U.S. Rep. Walt Minnick said he met are the backbone of South Dakota, and Sonya has been an integral member of Vernon Baker in the 1990s when the soldier I am proud to recognize the people who her community. In 1949, she became a spoke at a College of Idaho event. Minnick charter member of the Vignette Club, said he’d been expecting a tough, battle- live in and around this great commu- nity.∑ which gave her the opportunity to par- hardened soldier, but says he was instead ticipate in various community struck by Baker’s gentle demeanor. Minnick f said Baker’s valor on the battlefield in Italy projects. Among her proudest achieve- was a rebuke of racist policies that domi- TIMBER LAKE, SOUTH DAKOTA ments was working on the building nated the U.S. military into the middle of ∑ Mr. JOHNSON. Mr. President, today committee during the construction of the last century. I pay tribute to the 100th anniversary the Columbia Library when she was ‘‘His actions on the front line dem- of Timber Lake, SD, on the Cheyenne chairman of the Columbiana Library onstrates better than words can describe River Sioux Indian Reservation. The Board. why discrimination and segregation in the county seat of Dewey County, this Sonya has also held various commu- military was both unfair and absolutely in- nity leadership positions. She was a consistent with an effective fighting force,’’ small town embodies South Dakota Minnick said. ‘‘He demonstrated a degree of values. member of the Shelby County High courage few people have. He was prepared to Originally established by the Sec- School Band Boosters Club, the wom- give his life for his country—a country in retary of the Interior, the land plots ens coordinator for the Columbiana which he was considered a second-class cit- were so popular that 1,000 people Civil Defense Organization, and co- izen.’’ camped out when the land went on chairman of the Shelby County Civil Baker was born in 1919 in Wyoming. Or- sale. The town grew quickly with many War Centennial Commemoration. phaned as a small child, he was raised by his ‘‘tent stores’’ springing up. Settlers ar- Sonya was an active member of the grandparents in Cheyenne. He was working as a railroad porter when he decided to join rived before the railroad did, so build- Shelby County Historical Society. In the Army in mid-1941, a few months before ing materials were brought in by 1999, Sonya helped to form the Pearl Harbor. wagon. The Milwaukee Railroad quick- Columbiana Merchants and Profes- In 2004, Baker underwent emergency sur- ly realized the demand for a railroad sional Association, where she worked gery to remove a malignant brain tumor. Be- through Timber Lake, and by May, on the Columbiana Downtown Renova- fore he fell ill, he had failed to sign up for trains were reaching the thriving new tion Committee. She also served as an benefits from Veterans Affairs and Medicare, town. Timber Lake officially incor- ambassador to the South Shelby Cham- not realizing what the requirements were. porated in February 1911. The census in ber of Commerce. Community members and politicians in Idaho pitched in to help him get aid for his 1920 showed a population of 555, making Sonya has two children, Norman Leo unpaid medical bills. it officially a city of the second class. Lefkovits, Jr. and Marsha Phyllis Hodge said Baker continued to battle brain In the early 1920s, sewer lines were Lefkovits, both of whom now reside in cancer over the next years, and he recently laid for a town septic system. The California. In the early 1980s, Marsha

VerDate Mar 15 2010 03:52 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.038 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6197 served with distinction as a member of service peers, created the ‘‘rolodex’’ of When Coach Franklin retired in Jan- my staff in Washington, DC. Soon, e-mail contacts that could be solicited uary of 2002, he retired as the second Sonya will be leaving Columbiana to to assist those in need throughout most winningest football coach in Lou- join her children on the west coast. eastern Maine. Indeed, in 2009, the isiana history and number 15 nation- I am sure that Sonya will be sorely Mighty Women listserv mobilized to ally. Coach Franklin had accumulated missed in Columbiana, whose residents raise last minute funds for Washington a remarkable record of 366 wins, 76 will reap the benefits of her contribu- county children who were in need of losses, and 8 ties. tions to their community for years to toys and warm clothing for the holiday Even after his outstanding career, come. Regardless of where she resides, season. With just a week before Christ- Red Franklin continued to be actively I know that she will continue to touch mas, the group raised approximately involved in his community, returning the lives of everyone fortunate enough $3,000 to help give the children the holi- to Haynesville High in 2003 as a volun- to meet her. day joy that they deserved. teer assistant coach for his son David, I wish Sonya luck on her journey People such as Susan Corbett are rep- the current head coach. In 2009, Red west, and I ask this entire Senate to resentative of the family-like men- Franklin won his first State champion- join me in recognizing and honoring tality which Axiom Technologies hopes ship as an assistant coach to his son. the life and career of my good friend to foster among its employees and On July 10, 2010, Red Franklin received Sonya Lefkovits.∑ within the greater community. Small the high honor of being inducted into f businesses around the country have the National Federation of State High historically helped build a sense of RECOGNIZING AXIOM School Associations Hall of Fame Class community in the areas in which they TECHNOLOGIES of 2010. operate, and Axiom is no exception. Thus, today, I honor a fellow Louisi- ∑ Ms. SNOWE. Mr. President, I have The ability to access information via anian, Coach Alton ‘‘Red’’ Franklin, long held the belief that the avail- broadband should be something avail- for his exceptional and distinguished ability of broadband undoubtedly con- able to all people across America, and service to Haynesville High School and tributes to business expansion, employ- Axiom Technologies has built its busi- to our State.∑ ment growth, and greater educational ness around fulfilling this goal. The f opportunities. Indeed, the Internet can company has done it economically, but truly transform the way small firms do most inspiringly, Axiom has attempted MESSAGES FROM THE HOUSE business. This is particularly the case to promote the well-being of the people At 11:13 a.m., a message from the in places like my home State of Maine, in the communities they serve. When a House of Representatives, delivered by which is not only largely rural, but is business cares about helping others as Mr. Novotny, one of its reading clerks, home to over 150,000 small businesses. does Axiom, the community can rest announced that the House has passed As such, it is with great admiration assured that Axiom’s employees share the following bills, in which it requests that today I recognize Axiom Tech- their goals and aspirations for improv- the concurrence of the Senate: nologies, based in the town of Machias, ing the overall community. for the firm’s outstanding commitment H.R. 2693. An act to amend title VII of the While small businesses are duly Oil Pollution Act of 1990, and for other pur- to the goal of bringing broadband noted as the drivers of the Nation’s poses. Internet service to rural Maine com- economy, they cannot be overlooked H.R. 4380. An act to amend the Harmonized munities that have not previously for their positive social impacts on the Tariff Schedule of the United States to mod- known its remarkable power. communities in which they operate. ify temporarily certain rates of duty, and for Founded in 2004 by Nelson Geel and Although they may serve a relatively other purposes. Chris Moody, Axiom originally sought small market, Axiom is certainly on H.R. 5566. An act to amend title 18, United to provide inexpensive consulting serv- the cutting edge when it comes to pro- States Code, to prohibit interstate com- merce in animal crush videos, and for other ices to small businesses and commu- moting broadband equality, a goal of nities in Washington County, Maine’s purposes. national importance. I thank everyone H.R. 5716. An act to provide for enhance- easternmost county. Yet the two at Axiom for their numerous and var- ment of existing efforts in support of re- quickly realized that there was a grow- ied contributions to the health of search, development, demonstration, and ing desire for affordable broadband in Maine’s economic future and general commercial application activities to advance the area, which was largely overlooked welfare, and I wish them much success technologies for the safe and environ- by corporate providers. As such, the in the years to come.∑ mentally responsible exploration, develop- ment, and production of oil and natural gas company reevaluated its business vi- f sion in an attempt to allow rural areas resources. of the State to benefit from the same TRIBUTE TO ALTON ‘‘RED’’ The House also announced it passed advantages of broadband Internet pro- FRANKLIN the following bill, without amendment: vided to Maine’s more urban regions. ∑ Mr. VITTER. Mr. President, today I S. 1053. An act to amend the National Law In addition to operating on a sustain- wish to acknowledge Coach Alton Enforcement Museum Act to extend the ter- able financial basis, Axiom Tech- ‘‘Red’’ Franklin for his dedicated serv- mination date. nologies prides itself on always at- ice to Louisiana and in particular to The message further announced that tempting to hold true to a unique so- Haynesville High School in northern the House agreed to the following con- cial mission as well. Axiom is well Louisiana. I would like to take some current resolution, in which it requests aware ‘‘of the central role that busi- time to make a few remarks on his ac- the concurrence of the Senate: ness plays in society’’ and seeks to so- complishments. H. Con. Res. 292. Concurrent resolution lidify this responsibility ‘‘by initiating Throughout his distinguished career supporting the goals and ideals of National innovative ways to improve the quality as the Haynesville High School football Aerospace Week, and for other purposes. of life in the communities in which [it] coach, he won 27 district champion- operate[s].’’ Not only has the company ships and participated in the State At 3:00 p.m., a message from the done this by spreading equality of ac- playoffs 31 times. The team had 8 House of Representatives, delivered by cess to information through broadband undefeated seasons and 191 shutouts. Mr. Novotny, one of its reading clerks, services, but its employees also take it Coach Franklin led the team to 11 announced that the House agreed to upon themselves to improve their com- State championships in four decades the amendment of the Senate to the munity. winning four consecutive State cham- amendment of the House to the amend- One shining example is Susan pionships from 1993 to 1996. Coach ment of the Senate to the bill (H.R. Corbett, Axiom’s CEO, who was instru- Franklin was inducted in the Louisiana 4213) to amend the Internal Revenue mental in the development of a type of High School Coaches Association Hall Code of 1986 to extend certain expiring community-minded, service-based list- of Fame in 1991. He was also named provisions, and for other purposes. serv for Washington County called State coach of the year 6 times and dis- ENROLLED BILL SIGNED Mighty Women. In 2006, she, along with trict coach of the year 23 times At 4:31 p.m., a message from the some of her entrepreneurial and social throughout his career. House of Representatives, delivered by

VerDate Mar 15 2010 03:52 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.041 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6198 CONGRESSIONAL RECORD — SENATE July 22, 2010 Mr. Novotny, one of its reading clerks, serve System, transmitting, pursuant to law, the Office of the President of the Senate on announced that the Speaker has signed the Board’s semiannual Monetary Policy Re- July 21, 2010; to the Committee on Com- the following enrolled bill: port to the Congress; to the Committee on merce, Science, and Transportation. Banking, Housing, and Urban Affairs. EC–6800. A communication from the Senior H.R. 4213. An act to amend the Internal EC–6792. A communication from the Dep- Program Analyst, Federal Aviation Adminis- Revenue Code of 1986 to extend certain expir- uty Assistant General Counsel, Office of tration, Department of Transportation, ing provisions, and for other purposes. Aviation Enforcement and Proceedings, De- transmitting, pursuant to law, the report of The enrolled bill was subsequently partment of Transportation, transmitting, a rule entitled ‘‘Certification of Aircraft and signed by the President pro tempore pursuant to law, the report of a rule entitled Airmen for the Operation of Light-Sport Air- (Mr. INOUYE). ‘‘Posting of Flight Delay Data on Websites’’ craft; Modifications; OMB Approval of Infor- (RIN2105–AE02) received in the Office of the mation Collection’’ ((RIN2120–AJ10) (Docket f President of the Senate on July 21, 2010; to No. FAA–2007–29015)) received in the Office of MEASURES REFERRED the Committee on Commerce, Science, and the President of the Senate on July 21, 2010; Transportation. The following bill was read the first to the Committee on Commerce, Science, EC–6793. A communication from the Regu- and Transportation. and the second times by unanimous lations Officer, Federal Highway Adminis- EC–6801. A communication from the Chief consent, and referred as indicated: tration, Department of Transportation, of the Publications and Regulations Branch, H.R. 2693. An act to amend title VII of the transmitting, pursuant to law, the report of Internal Revenue Service, Department of the Oil Pollution Act of 1990, and for other pur- a rule entitled ‘‘Procedures for Abatement of Treasury, transmitting, pursuant to law, the poses; to the Committee on Commerce, Highway Traffic Noise and Construction report of a rule entitled ‘‘Applicable Federal Science, and Transportation. Noise’’ (RIN2125–AF26) received in the Office Rates—August 2010’’ (Rev. Rul. 2010–19) re- of the President of the Senate on July 21, ceived in the Office of the President of the The following concurrent resolution 2010; to the Committee on Commerce, was read, and referred as indicated: Senate on July 21, 2010; to the Committee on Science, and Transportation. Finance. H. Con. Res. 292. Concurrent resolution EC–6794. A communication from the Dep- EC–6802. A communication from the Chief supporting the goals and ideals of National uty Assistant Administrator for Regulatory of the Publications and Regulations Branch, Aerospace Week, and for other purposes; to Programs, National Marine Fisheries Serv- Internal Revenue Service, Department of the the Committee on Commerce, Science, and ice, Department of Commerce, transmitting, Treasury, transmitting, pursuant to law, the Transportation. pursuant to law, the report of a rule entitled report of a rule entitled ‘‘Preventive Serv- f ‘‘Magnuson-Stevens Fishery Conservation ices Under the Patient Protection and Af- and Management Act Provisions; Fisheries MEASURES PLACED ON THE fordable Care Act’’ ((RIN1545–BJ60) (TD 9493)) of the Northeastern United States; North- received in the Office of the President of the CALENDAR east Skate Complex Fishery; Amendment 3’’ Senate on July 21, 2010; to the Committee on The following bill was read the sec- (RIN0648–AW30) received in the Office of the Finance. President of the Senate on July 21, 2010; to EC–6803. A communication from the Chair- ond time, and placed on the calendar: the Committee on Commerce, Science, and S. 3628. A bill to amend the Federal Elec- man, Medicare Payment Advisory Commis- Transportation. sion, transmitting, pursuant to law, a report tion Campaign Act of 1971 to prohibit foreign EC–6795. A communication from the Assist- entitled, ‘‘2010 Data Book: Healthcare Spend- influence in Federal elections, to prohibit ant Administrator for Fisheries, National ing and the Medicare Program’’; to the Com- government contractors from making ex- Marine Fisheries Service, Department of mittee on Finance. penditures with respect to such elections, Commerce, transmitting, pursuant to law, EC–6804. A communication from the Gen- and to establish additional disclosure re- the report of a rule entitled ‘‘Fisheries of the eral Counsel of the Department of Defense, quirements with respect to spending in such Northeastern United States; Atlantic Sea transmitting a legislative proposal relative elections, and for other purposes. Scallop Fishery; Framework Adjustment 21’’ to authorizing the President to transfer cer- (RIN0648–AY43) received in the Office of the f tain naval vessels by grant; to the Com- President of the Senate on July 21, 2010; to mittee on Foreign Relations. MEASURES READ THE FIRST TIME the Committee on Commerce, Science, and EC–6805. A communication from the Gen- Transportation. The following bill was read the first eral Counsel, Occupational Safety and time: EC–6796. A communication from the Acting Director for Sustainable Fisheries, National Health Review Commission, transmitting, S. 3643. A bill to amend the Outer Conti- Marine Fisheries Service, Department of pursuant to law, the report of a rule entitled nental Shelf Lands Act to reform the man- Commerce, transmitting, pursuant to law, ‘‘Regulations Implementing the Freedom of agement of energy and mineral resources on the report of a rule entitled ‘‘Fisheries Off Information Act’’ (29 CFR Part 2201) received the Outer Continental Shelf, to improve oil West Coast States; Coastal Pelagic Species in the Office of the President of the Senate spill compensation, to terminate the mora- Fisheries; Closure’’ (RIN0648–XW90) received on July 21, 2010; to the Committee on Home- torium on deepwater drilling, and for other in the Office of the President of the Senate land Security and Governmental Affairs. purposes. on July 21, 2010; to the Committee on Com- EC–6806. A communication from the Chief f merce, Science, and Transportation. Privacy Officer, Privacy Office, Department EC–6797. A communication from the Acting of Homeland Security, transmitting, pursu- EXECUTIVE AND OTHER Director for Sustainable Fisheries, National ant to law, a report entitled ‘‘Privacy Office COMMUNICATIONS Marine Fisheries Service, Department of Third Quarter Fiscal Year 2010 Report to The following communications were Commerce, transmitting, pursuant to law, Congress’’; to the Committee on Homeland the report of a rule entitled ‘‘Fisheries Off Security and Governmental Affairs. laid before the Senate, together with EC–6807. A communication from the Sec- accompanying papers, reports, and doc- West Coast States; Pacific Coast Groundfish Fishery; Suspension of the Primary Pacific retary of Transportation, transmitting, pur- uments, and were referred as indicated: Whiting Season for the Shore-based Sector suant to law, a report relative to the Tribal- EC–6789. A communication from the Direc- South of 42 Degrees North Latitude’’ State Road Maintenance Agreements Report; tor of the Regulatory Review Group, Com- (RIN0648–XW80) received in the Office of the to the Committee on Indian Affairs. modity Credit Corporation, Department of President of the Senate on July 21, 2010; to EC–6808. A communication from the De- Agriculture, transmitting, pursuant to law, the Committee on Commerce, Science, and partment of State, transmitting, a report on the report of a rule entitled ‘‘Dairy Product Transportation. the Verification of the Treaty Between the Price Support Program and Dairy Indemnity EC–6798. A communication from the Senior United States of America and the Russian Payment Program’’ (RIN0560–AH88) received Program Analyst, Federal Aviation Adminis- Federation on Measures for the Further Re- in the Office of the President of the Senate tration, Department of Transportation, duction and Limitation of Strategic Offen- on July 21, 2010; to the Committee on Agri- transmitting, pursuant to law, the report of sive Arms (The New START Treaty) (OSS culture, Nutrition, and Forestry. a rule entitled ‘‘Airworthiness Directives; Control No. 2010–1146) signed in April 8, 2010 EC–6790. A communication from the Direc- The Boeing Company Model 777 Airplanes’’ in Prague; to the Committee on the Judici- tor of the Regulatory Review Group, Com- ((RIN2120–AA64) (Docket No. FAA–2009–1249)) ary. modity Credit Corporation, Department of received in the Office of the President of the EC–6809. A communication from the De- Agriculture, transmitting, pursuant to law, Senate on July 21, 2010; to the Committee on partment of State, transmitting, pursuant to the report of a rule entitled ‘‘Wheat and Oil- Commerce, Science, and Transportation. law, a report relative to the transfer of de- seed Programs; Durum Wheat Quality Pro- EC–6799. A communication from the Senior tainees (OSS Control No. 2010–1061); to the gram’’ (RIN0560–AH72) received in the Office Program Analyst, Federal Aviation Adminis- Committee on the Judiciary. of the President of the Senate on July 21, tration, Department of Transportation, EC–6810. A communication from the Assist- 2010; to the Committee on Agriculture, Nu- transmitting, pursuant to law, the report of ant Attorney General, Office of Legislative trition, and Forestry. a rule entitled ‘‘Re-Registration and Re- Affairs, Department of Justice, transmit- EC–6791. A communication from the Chair- newal of Aircraft Registration’’ ((RIN2120– ting, pursuant to law, a report relative to man of the Board of Governors, Federal Re- AI89) (Docket No. FAA–2008–0188)) received in the progress and status of compliance with

VerDate Mar 15 2010 03:52 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.021 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6199 the privatization requirements of the Na- United States Senate and the clerk of the (2) Goods may be exported from the zone tional Capital Revitalization and Self-Gov- United States House of Representatives and free of duty and excise tax; ernment Improvement Act of 1997; to the to each member of the Louisiana delegation (3) Customs of Border Protection security Committee on the Judiciary. to the United States Congress. requirements provide protection against f theft; POM–132. A resolution adopted by the Sen- (4) Merchandise may remain in the zone in- PETITIONS AND MEMORIALS ate of the State of Louisiana urging the fed- definitely; and The following petitions and memo- eral government to explore creating a fed- Whereas, the Mississippi River is a stra- tegic asset to international manufacturers; rials were laid before the Senate and eral entity to oversee and enforce federal, state, and local safety regulations on all and were referred or ordered to lie on the deep-water drilling rigs; to the Committee Whereas, Act No. 347 of the 2007 Regular table as indicated: on Energy and Natural Resources. Session of the Legislature of Louisiana en- acted Louisiana Revised Statutes 3:33, the POM–131. A resolution adopted by the Sen- SENATE RESOLUTION NO. 136 ate of the State of Louisiana urging Con- Delta Develop Initiative; and Whereas, the safety of all individuals gress to oppose the creation of a new con- Whereas, Act 347 defined the ‘‘Delta Re- working on deep-water drilling rigs is para- sumer regulatory agency for FDIC insured gion’’ to include Caldwell, Catahoula, mount and a top priority; and institutions; to the Committee on Banking, Concordia, East Carroll, Franklin, Madison, Whereas, after a tragedy like the Deep- Housing, and Urban Affairs. Morehouse, Ouachita, Pointe Coupee, Rich- water Horizon, governments at every level land, Tensas, and West Carroll parishes, a SENATE RESOLUTION, NO. 147 need to look at ways to incorporate new cross roads intersection of the Mississippi Whereas, H.R. 4173 and S. 3217 are ideas and rules to prevent similar tragedies River and the 1–20 corridor that connects the sweepingly broad bills pending in conference from happening again; and South Central United States from Dallas, in the United States Congress that would re- Whereas, after the attacks on September Texas to Atlanta, Georgia; and structure the financial regulatory system; 11, 2001, the federal government created the Whereas, a proposed foreign-trade zone in and Transportation Security Administration and the Delta region could consolidate marine, Whereas, both measures would create a the office of law enforcement, Federal Air rail and base transport; offer industrial stor- new Consumer Financial Protection Agency/ Marshal Service, to address the security age facilities; provide light assembly, Bureau with overly broad powers that would issues that were highlighted by the attacks; warehousing and logistics services; and pro- have complete authority over Louisiana and vide inbound and outbound connections to banks and thrifts with respect to writing fu- Whereas, it is necessary for the well-being rail, truck, air, and barge transportation. ture consumer regulations; and of this state and this country to have deep- Therefore, be it Whereas, although improvements can and water drilling rigs operating in the absolute Resolved, That the Senate of the Legisla- should be made to further protect consumers safest manner possible; and ture of Louisiana does hereby urge and re- from unscrupulous practices, the creation of Whereas, the implementation of a federal quest the United States Department of Com- an enormous, new federal bureaucracy is the entity whose sole job is to oversee the safety merce to establish a foreign trade zone in the wrong approach because it will harm both of all deep-water drilling rigs is a necessary Delta region of Louisiana. Be it further Louisiana banks and their customers; and and appropriate step in light of the Deep- Resolved, That a copy of this Resolution be Whereas, Louisiana banks and thrifts will water Horizon tragedy; and transmitted to the secretary of the United be subject to greatly increased regulation Whereas, this federal entity may operate States Department of Commerce, each mem- and compliance costs, which will hamper in a similar fashion to the Federal Air Mar- ber of the Louisiana Congressional delega- their ability to effectively serve their cus- shal Service, with a federal employee sta- tion, and the governor of Louisiana. tomers’ needs; and tioned on every deep-water drilling rig. POM–134. A concurrent resolution adopted Whereas, this increased regulatory burden Therefore, be it by the Legislature of the State of Louisiana will likely lead to increased costs of obtain- Resolved, That the Senate of the Legisla- urging Congress to continue to support and ing credit for consumers and overall less ac- ture of Louisiana does hereby urge and re- invest in the National Cancer Institute Com- cess to financial products and services; and quest the federal government explore cre- munity Cancer Centers Program; to the Whereas, the vast majority of FDIC in- ating a federal entity to oversee and enforce Committee on Health, Education, Labor, and sured institutions, especially Louisiana federal, state, and local safety regulations on Pensions. banks and thrifts, did not contribute to the all deep-water drilling rigs. Be it further SENATE CONCURRENT RESOLUTION NO. 122 financial crisis, yet would be subject to the Resolved, That a copy of this Resolution be broad jurisdiction of this proposed agency; transmitted to secretary Ken Salazar, the Whereas, the National Cancer Institute and United States Department of the Interior, (NCI) Community Cancer Centers Program Whereas, Louisiana banks and thrifts are and to each member of the Louisiana Con- (NCCCP) began in 2007 to provide community already heavily regulated and examined on a gressional delegation. cancer centers and their patients across the regular basis for compliance with existing United States better access to the most ad- consumer laws and safety and soundness; and POM–133. A resolution adopted by the Sen- vanced cancer research; and Whereas, this new proposed agency, which ate of the State of Louisiana urging the De- Whereas, NCI estimates that the vast ma- has no experience as a bank regulator, would partment of Commerce to establish a foreign jority of cancer patients (about 85 percent) likely create a mountain of new regulation trade zone in the Delta region of Louisiana; are treated at community hospitals in or that is one sided in its focus without bal- to the Committee on Finance. near the communities in which they live and ancing bank safety and soundness consider- only about 15 percent of U.S. cancer patients ations of the financial institution; and SENATE RESOLUTION NO. 125 are diagnosed and treated at the nation’s Whereas, this will put Louisiana banks and Whereas, foreign-trade zones, established major academic-based cancer centers; and thrifts in a position where they must try to under the Foreign-Trade Zone Act of 1934, Whereas, many patients choose community comply with conflicting mandates that ulti- are secure areas under United States Cus- hospitals because they are close to family, mately could put their businesses at risk; toms and Border Protection supervision that friends, and jobs, whereas treatment at the and are free-trade zones; and major cancer centers may require long com- Whereas, creating another layer of bu- Whereas, usual formal entry procedures mutes or extended stays away from home; reaucracy in the banking industry also does and payments of duties are not required on and not address the gaps in regulation that exist foreign merchandise entering the zone unless Whereas, the NCCCP extends NCI programs with respect to non-bank lenders; and it enters the territory for domestic consump- into local communities, giving patients easi- Whereas, the Obama administration itself tion, at which point the importer generally er access to state-of-the-art cancer care and has acknowledged that 94% of the high-cost has the choice of paying duties at the rate of clinical trial opportunities; and mortgage loans that have so damaged our either the original foreign materials or the Whereas, the NCI Community Cancer Cen- economy were made by non-bank financial finished product; and ters Program has formed a national network companies; and Whereas, domestic goods moved into the of community cancer centers to expand can- Whereas, with this in mind, Congress zone for export may be considered exported cer research and deliver the most advanced should concentrate on improving the super- upon admission to the zone for the purpose cancer care to more Americans in the com- vision and examination of such non-bank in- of excise tax rebates and drawback; and munities where they live; and stitutions rather than adding to an already Whereas, qualified public or private cor- Whereas, the Cancer Program of Our Lady large regulatory compliance structure for porations may operate facilities within the of the Lake and Mary Bird Perkins was one banks and thrifts. Therefore, be it zone; and of only 16 community cancer programs in the Resolved, That the Legislature of Louisiana Whereas, foreign-trade zones offer several country selected to participate in the NCI memorializes the Congress of the United commercial advantages, such as the fol- Community Cancer Centers Program because States to oppose the creation of a new con- lowing: of its proven medical leadership, phenomenal sumer regulatory agency for FDIC insured (1) Customs and Border Protection duty community outreach and experience in con- institutions. Be it further and federal excise taxes, if applicable, are ducting clinical trials; and Resolved, That a copy of this Resolution paid when merchandise is transferred from Whereas, the Cancer Program of Our Lady shall be transmitted to the secretary of the the zone for consumption; of the Lake and Mary Bird Perkins was the

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Res. 16 were The following bills and joint resolu- Whereas, the NCI Community Cancer Cen- introduced during the First Session of the tions were introduced, read the first ters Program is designed to create a commu- 111th Congress to provide for an amendment and second times by unanimous con- nity-based cancer center network to support to the United States Constitution to prevent sent, and referred as indicated: basic, clinical and population-based research erosion of the enduring American tradition By Mr. LAUTENBERG (for himself, initiatives, addressing the full cancer care of treating parental rights as fundamental Mrs. MURRAY, and Ms. CANTWELL): continuum from prevention, screening, diag- rights, and the legislation states: S. 3629. A bill to improve the efficiency, op- nosis, treatment and survivorship through ‘‘Section One: The liberty of parents to di- eration, and security of the national trans- end-of-life care; and rect the upbringing and education of their portation system to move freight by Whereas, the seven major focus areas of children is a fundamental right. leveraging investments and promoting part- the NCI Community Cancer Centers Program Section Two: Neither the United States nerships that advance interstate and foreign are to reduce cancer healthcare disparities, nor any State shall infringe upon this right commerce, and for other purposes; to the improve quality of care, increase participa- without demonstrating that its govern- Committee on Commerce, Science, and tion in clinical trials, enhance cancer survi- mental interest as applied to the person is of Transportation. vorship and palliative care services, partici- the highest order and not otherwise served. By Ms. KLOBUCHAR (for herself and pate in biospecimen research initiatives to Section Three: No treaty may be adopted Mr. LEMIEUX): support personalized medicine, expand use of nor shall any source of international law be S. 3630. A bill to improve the commer- electronic health records and connect to can- employed to supersede, modify, interpret, or cialization potential of National Science cer research data network and enhance can- apply to the rights guaranteed by this arti- Foundation grants, enhance the metrics used cer advocacy; and cle’’; and to assess such potential, and for other pur- Whereas, the sixteen initial pilot hospitals Whereas, this amendment would add ex- poses; to the Committee on Finance. have made considerable progress toward plicit text to the Constitution of the United By Mrs. MURRAY: achieving the major program goals and are States to forever protect the rights of par- S. 3631. A bill to encourage innovation to defining for NCI what it takes to build a na- ents as they are now enjoyed, without sub- create clean technologies, and for other pur- tional network of community hospitals that stantive change to current state or federal poses; to the Committee on Energy and Nat- are fully engaged in cancer research and laws respecting these rights; and ural Resources. offer the latest evidence-based, multidisci- Whereas, the enumeration of these rights By Mrs. GILLIBRAND: plinary care to diverse populations in their in the text of the Constitution of the United S. 3632. A bill to provide for enhanced pen- home communities; and States would preserve these rights from alties to combat Medicare and Medicaid Whereas, funding from the American Re- being infringed upon by shifting ideologies fraud, a Medicare data-mining system, and a covery and Reinvestment Act helped the NCI and interpretations of the United States Su- Beneficiary Verification Pilot Program, and Community Cancer Centers Program expand preme Court. Therefore, be it for other purposes; to the Committee on Fi- from its original pilot network of sixteen to Resolved, that the Legislature of Louisiana nance. thirty hospitals in twenty-two states. There- memorializes the Congress of the United By Mr. CARPER (for himself and Ms. fore, be it States to adopt and submit to the states for SNOWE): , That the Legislature of Louisiana Resolved ratification the Parental Rights Amendment S. 3633. A bill to amend the Solid Waste memorializes the Congress of the United to the Constitution of the United States. Be Disposal Act to improve a provision relating States to continue to support and invest in it further to Federal procurement of recycled mate- the National Cancer Institute Community Resolved, that a copy of this Resolution rials to reduce greenhouse gas emissions; to Cancer Centers Program, a vital and innova- shall be transmitted to the secretary of the the Committee on Environment and Public tive program that is transforming the way United States Senate and the clerk of the Works . cancer care is delivered across the nation. Be United States House of Representatives and By Mr. BINGAMAN (for himself and it further to each member of the Louisiana delegation Mr. UDALL of New Mexico): Resolved, That a copy of this Resolution be to the United States Congress. S. 3634. A bill to amend the Internal Rev- transmitted to the secretary of the United enue Code of 1986 to clarify the types of en- States Senate and the clerk of the United f ergy conservation subsidies provided by pub- States House of Representatives and to each lic utilities eligible for income exclusion; to member of the Louisiana delegation to the REPORTS OF COMMITTEES the Committee on Finance. United States Congress. The following reports of committees By Mr. DORGAN: were submitted: S. 3635. An original bill making appropria- POM–135. A concurrent resolution adopted tions for energy and water development and by the Legislature of the State of Louisiana By Mr. DORGAN, from the Committee on related agencies for the fiscal year ending urging Congress to adopt and submit to the Appropriations, without amendment: September 30, 2011, and for other purposes; states for ratification the Parental Rights S. 3635. An original bill making appropria- from the Committee on Appropriations; Amendment to the Constitution of the tions for energy and water development and placed on the calendar. United States; to the Committee on the Ju- related agencies for the fiscal year ending By Ms. MIKULSKI: diciary. September 30, 2011, and for other purposes S. 3636. An original bill making appropria- SENATE CONCURRENT RESOLUTION NO. 38 (Rept. No. 111–228). tions for the Departments of Commerce and Whereas, the right of parents to direct the By Ms. MIKULSKI, from the Committee on Justice, and Science, and Related Agencies upbringing and education of their children is Appropriations, without amendment: for the fiscal year ending September 30, 2011, a fundamental right protected by the Con- S. 3636. An original bill making appropria- and for other purposes; from the Committee stitution of the United States and the Con- tions for the Departments of Commerce and on Appropriations; placed on the calendar. Justice, and Science, and Related Agencies stitution of Louisiana; and By Mr. KOHL (for himself, Ms. SNOWE, Whereas, our nation has historically relied for the fiscal year ending September 30, 2011, and Mr. INOUYE): first and foremost upon parents to meet the and for other purposes (Rept. No. 111–229). S. 3637. A bill to authorize appropriations real and constant needs of children; and By Mr. LEAHY, from the Committee on for the Housing Assistance Council; to the Whereas, the interests of children are best the Judiciary, with an amendment in the na- Committee on Banking, Housing, and Urban served when parents are free to make child- ture of a substitute: Affairs. rearing decisions about education, religion, S. 258. A bill to amend the Controlled Sub- By Mr. DODD: and other areas of a child’s life without state stances Act to provide enhanced penalties S. 3638. An original bill to establish a na- interference; and for marketing controlled substances to mi- tional safety plan for public transportation, Whereas, the United States Supreme nors. and for other purposes; from the Committee Court, in Wisconsin v. Yoder, 406 U.S. 205 S. 1684. A bill to establish guidelines and on Banking, Housing, and Urban Affairs; (1972), held that ‘‘This primary role of the incentives for States to establish criminal placed on the calendar. parents in the upbringing of their children is arsonist and criminal bomber registries and By Mr. ROCKEFELLER (for himself now established beyond debate as an endur- to require the Attorney General to establish and Mrs. HUTCHISON): ing American tradition’’; and a national criminal arsonist and criminal S. 3639. A bill to provide for greater mari- Whereas, however, in Troxel v. Granville, bomber registry program, and for other pur- time transportation security, and for other 530 U.S. 57 (2000), six justices of the United poses. purposes; to the Committee on Commerce, States Supreme Court filed opinions on the By Mr. DODD, from the Committee on Science, and Transportation. nature and enforceability of parental rights Banking, Housing, and Urban Affairs, with- By Mr. UDALL of Colorado (for him- under the Constitution of the United States; out amendment: self, Mr. CRAPO, Mr. GREGG, Mr. BEN- and S. 3638. An original bill to establish a na- NET, and Ms. KLOBUCHAR): Whereas, the number of written opinions in tional safety plan for public transportation, S. 3640. A bill to amend the Internal Rev- Troxel v. Granville has created confusion and for other purposes. enue Code of 1986 to increase the limitations

VerDate Mar 15 2010 03:52 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.031 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6201 on the amount excluded from the gross es- (Mr. FEINGOLD) was added as a cospon- Organization and the 85th anniversary tate with respect to land subject to a quali- sor of S. 28, supra. of the founding of the National Future fied conservation easement; to the Com- S. 493 Farmers of America Organization. mittee on Finance. S. 1674 By Mr. WHITEHOUSE (for himself, Ms. At the request of Mr. CASEY, the SNOWE, and Mr. ROCKEFELLER): name of the Senator from Michigan At the request of Mr. WYDEN, the S. 3641. A bill to create the National En- (Ms. STABENOW) was added as a cospon- name of the Senator from California dowment for the Oceans to promote the pro- sor of S. 493, a bill to amend the Inter- (Mrs. BOXER) was added as a cosponsor tection and conservation of United States nal Revenue Code of 1986 to provide for of S. 1674, a bill to provide for an exclu- ocean, coastal, and Great Lakes ecosystems, the establishment of ABLE accounts sion under the Supplemental Security and for other purposes; to the Committee on for the care of family members with Income program and the Medicaid pro- Commerce, Science, and Transportation. gram for compensation provided to in- By Mrs. BOXER (for herself, Mr. disabilities, and for other purposes. MERKLEY, Mrs. GILLIBRAND, and Mr. S. 653 dividuals who participate in clinical BEGICH): At the request of Mr. CARDIN, the trials for rare diseases or conditions. S. 3642. A bill to ensure that the under- names of the Senator from Pennsyl- S. 1859 writing standards of Fannie Mae and Freddie vania (Mr. SPECTER), the Senator from At the request of Mr. ROCKEFELLER, Mac facilitate the use of property assessed the name of the Senator from Alaska clean energy programs to finance the instal- North Dakota (Mr. CONRAD), the Sen- ator from Nebraska (Mr. NELSON), the (Mr. BEGICH) was added as a cosponsor lation of renewable energy and energy effi- of S. 1859, a bill to reinstate Federal ciency improvements; to the Committee on Senator from Virginia (Mr. WEBB), the Banking, Housing, and Urban Affairs. Senator from Idaho (Mr. CRAPO), the matching of State spending of child By Mr. McCONNELL (for himself, Ms. Senator from Connecticut (Mr. support incentive payments. MURKOWSKI, Mr. ALEXANDER, Mr. LIEBERMAN), the Senator from Ala- S. 2747 INHOFE, and Mr. THUNE): bama (Mr. SESSIONS), the Senator from At the request of Mr. BINGAMAN, the S. 3643. A bill to amend the Outer Conti- Oregon (Mr. MERKLEY), the Senator names of the Senator from New Jersey nental Shelf Lands Act to reform the man- (Mr. MENENDEZ) and the Senator from agement of energy and mineral resources on from Florida (Mr. LEMIEUX) and the South Dakota (Mr. JOHNSON) were the Outer Continental Shelf, to improve oil Senator from Maine (Ms. COLLINS) were spill compensation, to terminate the mora- added as cosponsors of S. 653, a bill to added as cosponsors of S. 2747, a bill to torium on deepwater drilling, and for other require the Secretary of the Treasury amend the Land and Water Conserva- purposes; read the first time. to mint coins in commemoration of the tion Fund Act of 1965 to provide con- f bicentennial of the writing of the Star- sistent and reliable authority for, and Spangled Banner, and for other pur- for the funding of, the land and water SUBMISSION OF CONCURRENT AND poses. conservation fund to maximize the ef- SENATE RESOLUTIONS S. 828 fectiveness of the fund for future gen- The following concurrent resolutions erations, and for other purposes. At the request of Mr. HARKIN, the and Senate resolutions were read, and name of the Senator from Nebraska S. 3034 referred (or acted upon), as indicated: (Mr. JOHANNS) was added as a cospon- At the request of Mr. SCHUMER, the By Mr. KOHL (for himself and Mr. sor of S. 828, a bill to amend the En- names of the Senator from Florida (Mr. HATCH): ergy Policy Act of 2005 to provide loan NELSON), the Senator from California S. Res. 592. A resolution designating the (Mrs. FEINSTEIN), the Senator from week of September 13–19, 2010, as ‘‘Polycystic guarantees for projects to construct re- Delaware (Mr. CARPER), the Senator Kidney Disease Awareness Week’’, and sup- newable fuel pipelines, and for other porting the goals and ideals of Polycystic purposes. from Colorado (Mr. BENNET), the Sen- ator from Tennessee (Mr. ALEXANDER), Kidney Disease Awareness Week to raise S. 850 the Senator from Hawaii (Mr. INOUYE), awareness and understanding of polycystic At the request of Mr. KERRY, the the Senator from Illinois (Mr. BURRIS), kidney disease and the impact the disease name of the Senator from Pennsyl- has on patients now and for future genera- the Senator from Illinois (Mr. DURBIN), vania (Mr. CASEY) was added as a co- tions until it can be cured; to the Committee the Senator from Nebraska (Mr. NEL- sponsor of S. 850, a bill to amend the on the Judiciary. SON), the Senator from Iowa (Mr. By Mrs. MURRAY (for herself, Mr. High Seas Driftnet Fishing Morato- GRASSLEY) and the Senator from New ISAKSON, and Mr. BEGICH): rium Protection Act and the Magnu- Hampshire (Mr. GREGG) were added as S. Res. 593. A resolution expressing support son-Stevens Fishery Conservation and cosponsors of S. 3034, a bill to require for designation of October 7, 2010, as Management Act to improve the con- the Secretary of the Treasury to strike ‘‘Jumpstart’s Read for the Record Day’’; to servation of sharks. the Committee on Health, Education, Labor, medals in commemoration of the 10th and Pensions. S. 941 anniversary of the September 11, 2001, By Mr. REID: At the request of Mr. CRAPO, the terrorist attacks on the United States S. Res. 594. A resolution to constitute the name of the Senator from Arizona (Mr. and the establishment of the National majority party’s membership on certain KYL) was added as a cosponsor of S. 941, September 11 Memorial & Museum at committees for the One Hundred Eleventh a bill to reform the Bureau of Alcohol, the World Trade Center. Congress, or until their successors are cho- Tobacco, Firearms, and Explosives, sen; considered and agreed to. S. 3079 modernize firearm laws and regula- f At the request of Mr. MERKLEY, the tions, protect the community from names of the Senator from New Jersey ADDITIONAL COSPONSORS criminals, and for other purposes. (Mr. LAUTENBERG) and the Senator S. 28 S. 1112 from Washington (Mrs. MURRAY) were At the request of Mr. SCHUMER, the At the request of Mr. DODD, the name added as cosponsors of S. 3079, a bill to name of the Senator from California of the Senator from Minnesota (Mr. assist in the creation of new jobs by (Mrs. FEINSTEIN) was withdrawn as a FRANKEN) was added as a cosponsor of providing financial incentives for own- cosponsor of S. 28, a bill to ensure that S. 1112, a bill to make effective the pro- ers of commercial buildings and multi- the courts of the United States may posed rule of the Food and Drug Ad- family residential buildings to retrofit provide an impartial forum for claims ministration relating to sunscreen their buildings with energy efficient brought by United States citizens and drug products, and for other purposes. building equipment and materials and others against any railroad organized S. 1553 for other purposes. as a separate legal entity, arising from At the request of Mr. GRASSLEY, the S. 3084 the deportation of United States citi- names of the Senator from Pennsyl- At the request of Ms. KLOBUCHAR, the zens and others to Nazi concentration vania (Mr. CASEY) and the Senator name of the Senator from West Vir- camps on trains owned or operated by from New York (Mr. SCHUMER) were ginia (Mr. ROCKEFELLER) was added as such railroad, and by the heirs and sur- added as cosponsors of S. 1553, a bill to a cosponsor of S. 3084, a bill to increase vivors of such persons. require the Secretary of the Treasury the competitiveness of United States At the request of Mr. SCHUMER, the to mint coins in commemoration of the businesses, particularly small and me- name of the Senator from Wisconsin National Future Farmers of America dium-sized manufacturing firms, in

VerDate Mar 15 2010 03:52 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.036 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6202 CONGRESSIONAL RECORD — SENATE July 22, 2010 interstate and global commerce, foster healthy ocean and coastal ecosystems goals and ideals of raising awareness of job creation in the United States, and by maintaining and sustaining their the need for accessible and cost-effec- assist United States businesses in de- capabilities relating to oil spill pre- tive health care options to complement veloping or expanding commercial ac- paredness, prevention, response, res- the traditional health care model. tivities in interstate and global com- toration, and research, and for other S. RES. 586 merce by expanding the ambit of the purposes. At the request of Mr. FEINGOLD, the Hollings Manufacturing Extension S. 3619 name of the Senator from Illinois (Mr. Partnership program and the Tech- At the request of Mr. TESTER, the DURBIN) was added as a cosponsor of S. nology Innovation Program to include name of the Senator from Alaska (Mr. Res. 586, a resolution supporting de- projects that have potential for com- BEGICH) was added as a cosponsor of S. mocracy, human rights, and civil lib- mercial exploitation in nondomestic 3619, a bill to amend the Energy Inde- erties in Egypt. markets, providing for an increase in pendence and Security Act of 2007 to S. RES. 591 related resources of the Department of improve geothermal energy technology At the request of Mr. HARKIN, the Commerce, and for other purposes. and demonstrate the use of geothermal names of the Senator from Nevada (Mr. S. 3297 energy in large scale thermal applica- REID), the Senator from Massachusetts At the request of Mr. FEINGOLD, the tions, and for other purposes. (Mr. KERRY), the Senator from Mary- name of the Senator from Illinois (Mr. S. 3621 land (Mr. CARDIN), the Senator from DURBIN) was added as a cosponsor of S. At the request of Mr. JOHNSON, the Connecticut (Mr. DODD), the Senator 3297, a bill to update United States pol- name of the Senator from Michigan from Illinois (Mr. DURBIN), the Senator icy and authorities to help advance a (Ms. STABENOW) was added as a cospon- from New Jersey (Mr. LAUTENBERG), genuine transition to democracy and to sor of S. 3621, a bill to amend the Inter- the Senator from Minnesota (Ms. promote recovery in Zimbabwe. nal Revenue Code of 1986 to provide for KLOBUCHAR), the Senator from Penn- S. 3397 an exclusion for assistance provided to sylvania (Mr. CASEY), the Senator from At the request of Ms. KLOBUCHAR, the participants in certain veterinary stu- Pennsylvania (Mr. SPECTER), the Sen- name of the Senator from Wisconsin dent loan repayment or forgiveness ator from Maryland (Ms. MIKULSKI), (Mr. FEINGOLD) was added as a cospon- programs. the Senator from South Dakota (Mr. sor of S. 3397, a bill to amend the Con- S. 3622 JOHNSON), the Senator from Wash- trolled Substances Act to provide for At the request of Mr. JOHANNS, the ington (Mrs. MURRAY), the Senator take-back disposal of controlled sub- name of the Senator from Iowa (Mr. from Vermont (Mr. LEAHY), the Sen- stances in certain instances, and for GRASSLEY) was added as a cosponsor of ator from New Mexico (Mr. BINGAMAN), other purposes. S. 3622, a bill to require the Adminis- the Senator from Ohio (Mr. BROWN), S. 3434 trator of the Environmental Protection the Senator from Indiana (Mr. BAYH), Agency to finalize a proposed rule to At the request of Mr. BINGAMAN, the the Senator from Oregon (Mr. name of the Senator from New Hamp- amend the spill prevention, control, MERKLEY), the Senator from Illinois and countermeasure rule to tailor and shire (Mrs. SHAHEEN) was added as a co- (Mr. BURRIS), the Senator from Cali- sponsor of S. 3434, a bill to provide for streamline the requirements for the fornia (Mrs. BOXER), the Senator from the establishment of a Home Star Ret- dairy industry, and for other purposes. California (Mrs. FEINSTEIN), the Sen- rofit Rebate Program, and for other S.J. RES. 29 ator from Michigan (Ms. STABENOW), purposes. At the request of Mr. MCCONNELL, the Senator from Wisconsin (Mr. FEIN- the name of the Senator from New GOLD), the Senator from Delaware (Mr. S. 3508 York (Mr. SCHUMER) was added as a co- KAUFMAN), the Senator from North Da- At the request of Mr. UDALL of New sponsor of S.J. Res. 29, a joint resolu- kota (Mr. DORGAN), the Senator from Mexico, the name of the Senator from tion approving the renewal of import New York (Mrs. GILLIBRAND), the Sen- Maryland (Mr. CARDIN) was added as a restrictions contained in the Burmese ator from Hawaii (Mr. AKAKA), the Sen- cosponsor of S. 3508, a bill to strength- Freedom and Democracy Act of 2003. ator from Arkansas (Mr. PRYOR), the en the capacity of the United States to S. RES. 519 Senator from Minnesota (Mr. lead the international community in FRANKEN), the Senator from Utah (Mr. reversing renewable natural resource At the request of Mr. DEMINT, the HATCH), the Senator from Wyoming degradation trends around the world name of the Senator from Wyoming (Mr. ENZI), the Senator from Maine that threaten to undermine global (Mr. ENZI) was added as a cosponsor of (Ms. SNOWE), the Senator from Wyo- prosperity and security and eliminate S. Res. 519, a resolution expressing the ming (Mr. BARRASSO), the Senator from the diversity of life on Earth, and for sense of the Senate that the primary Rhode Island (Mr. REED), the Senator other purposes. safeguard for the well-being and pro- tection of children is the family, and from Michigan (Mr. LEVIN) and the S. 3513 that the primary safeguards for the Senator from South Dakota (Mr. At the request of Mr. GRAHAM, the legal rights of children in the United THUNE) were added as cosponsors of S. name of the Senator from Oklahoma States are the Constitutions of the Res. 591, a resolution recognizing and (Mr. INHOFE) was added as a cosponsor United States and the several States, honoring the 20th anniversary of the of S. 3513, a bill to amend the Internal and that, because the use of inter- enactment of the Americans with Dis- Revenue Code of 1986 to extend for one national treaties to govern policy in abilities Act of 1990. year the special depreciation allow- the United States on families and chil- At the request of Mr. MENENDEZ, his ances for certain property. dren is contrary to principles of self- name was added as a cosponsor of S. S. 3578 government and federalism, and that, Res. 591, supra. At the request of Mr. JOHANNS, the because the United Nations Convention At the request of Ms. COLLINS, her name of the Senator from Arizona (Mr. on the Rights of the Child undermines name was added as a cosponsor of S. MCCAIN) was added as a cosponsor of S. traditional principles of law in the Res. 591, supra. 3578, a bill to repeal the expansion of United States regarding parents and AMENDMENT NO. 4433 information reporting requirements for children, the President should not At the request of Mr. BOND, his name payments of $600 or more to corpora- transmit the Convention to the Senate was added as a cosponsor of amend- tions, and for other purposes. for its advice and consent. ment No. 4433 intended to be proposed S. 3597 S. RES. 585 to H.R. 5297, an act to create the Small At the request of Mr. ROCKEFELLER, At the request of Mr. INOUYE, the Business Lending Fund Program to di- the name of the Senator from Florida name of the Senator from Mississippi rect the Secretary of the Treasury to (Mr. NELSON) was added as a cosponsor (Mr. COCHRAN) was added as a cospon- make capital investments in eligible of S. 3597, a bill to improve the ability sor of S. Res. 585, a resolution desig- institutions in order to increase the of the National Oceanic and Atmos- nating the week of August 2 through availability of credit for small busi- pheric Administration, the Coast August 8, 2010, as ‘‘National Convenient nesses, to amend the Internal Revenue Guard, and coastal States to sustain Care Clinic Week’’, and supporting the Code of 1986 to provide tax incentives

VerDate Mar 15 2010 03:52 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.024 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6203 for small business job creation, and for tions for the Housing Assistance Coun- a child raised in safe, stable homeown- other purposes. cil, HAC, which has been committed to ership may go on to later success. AMENDMENT NO. 4476 developing affordable housing in rural I am very honored to work with Sen- At the request of Mrs. HUTCHISON, the communities for over 35 years. ators SNOWE and INOUYE on this legisla- names of the Senator from Arkansas HAC was originally given a three- tion. Its passage will allow every state (Mr. PRYOR) and the Senator from year authorization through the Farm to better serve the needs of the people Georgia (Mr. CHAMBLISS) were added as Bill in 2008. During the past three years living in rural areas. I look forward to cosponsors of amendment No. 4476 in- HAC made $46.1 million in grants and working with my colleagues to ensure tended to be proposed to H.R. 5297, an loans to help build 3,878 homes the adoption of this bill. act to create the Small Business Lend- throughout rural America. The pro- ing Fund Program to direct the Sec- gram has leveraged its funding with By Mr. UDALL of Colorado (for retary of the Treasury to make capital over $360 million in other financing and himsel, Mr. CRAPO, Mr. GREGG, ENNET and Ms. investments in eligible institutions in has provided essential technical assist- Mr. B KLOBUCHAR): order to increase the availability of ance to local non-profits throughout S. 3640. A bill to amend the Internal credit for small businesses, to amend the country in the form of capacity Revenue Code of 1986 to increase the the Internal Revenue Code of 1986 to building grants. These critical services limitations on the amount excluded provide tax incentives for small busi- help local organizations, rural commu- from the gross estate with respect to ness job creation, and for other pur- nities and cities develop safe and af- land subject to a qualified conservation poses. fordable housing. Throughout the country, approxi- easement; to the Committee on Fi- AMENDMENT NO. 4494 mately 1⁄5 of the Nation’s population nance. At the request of Mr. WYDEN, the lives in rural communities. About 7.5 Mr. UDALL of Colorado. Mr. Presi- name of the Senator from North Caro- million of the rural population is living dent, today I am introducing, along lina (Mrs. HAGAN) was added as a co- in poverty and 2.5 million of them are with my friend and colleague Senator sponsor of amendment No. 4494 in- children. Nearly 3.6 million rural CRAPO, legislation to encourage further tended to be proposed to H.R. 5297, an households pay more than 30 percent of protection of our treasured lands, act to create the Small Business Lend- their income in housing costs. While ranches and family farms. The Amer- ing Fund Program to direct the Sec- housing costs are generally lower in ican Family Farm and Ranchland Pro- retary of the Treasury to make capital rural counties, wages are dramatically tection Act is a bipartisan piece of leg- investments in eligible institutions in outpaced by the cost of housing. Addi- islation that rewards those who protect order to increase the availability of tionally, the housing conditions are these lands through conservation ease- credit for small businesses, to amend often substandard and there are many ments by increasing their exemption the Internal Revenue Code of 1986 to families doubled up due to lack of from the estate tax. Put simply, we provide tax incentives for small busi- housing. Rural areas lack both afford- strongly support conservation efforts ness job creation, and for other pur- able rental units and homeownership and believe we need to do more to give poses. opportunities needed to serve the popu- Americans a real incentive to protect AMENDMENT NO. 4499 lation. our nation’s land. It is a companion At the request of Mr. NELSON of Flor- There are several federal programs bill to similar bipartisan legislation in ida, his name was added as a cosponsor that are aimed at developing affordable the House of Representatives intro- of amendment No. 4499 proposed to housing and economic opportunities in duced by Congressman BLUMENAUER. H.R. 5297, an act to create the Small rural communities in both the Depart- I have long made conservation of Business Lending Fund Program to di- ment of Housing and Urban Develop- America’s natural resources a core rect the Secretary of the Treasury to ment and the Department of Agri- component of my public service. In my make capital investments in eligible culture. However, rural housing pro- role as chair of the National Parks institutions in order to increase the grams have traditionally been under- Subcommittee, I am continuously fo- availability of credit for small busi- funded. The administration’s fiscal cused on preserving our public lands nesses, to amend the Internal Revenue year 2011 budget request zeroed two and waters, because we owe it to future Code of 1986 to provide tax incentives programs that were devoted to helping generations to leave them a sustain- for small business job creation, and for rural communities: Rural Innovation able environment. We did not inherit other purposes. Fund, and the Self Help Homeowner- the land from our parents, we are bor- AMENDMENT NO. 4500 ship Program, SHOP. In many regions, rowing it from our children. At the request of Mr. NELSON of Flor- federal funding might be the only as- However, the Government can only ida, his name was added as a cosponsor sistance available for housing and eco- do so much, and many of our most im- of amendment No. 4500 proposed to nomic development. The Housing As- portant landscapes are privately owned H.R. 5297, an act to create the Small sistance Council is yet another tool property. If we are serious about con- Business Lending Fund Program to di- that rural communities can utilize servation, we must acknowledge the rect the Secretary of the Treasury to when trying to develop affordable hous- important role that private land own- make capital investments in eligible ing. ers play in the overall effort to pre- institutions in order to increase the The presence of the HAC in Wis- serve our natural resources for genera- availability of credit for small busi- consin has made a huge impact on tions to come. nesses, to amend the Internal Revenue rural housing development in Wis- Estate taxes can compromise Ameri- Code of 1986 to provide tax incentives consin and other rural communities cans’ ability to conserve private prop- for small business job creation, and for across the country. In Wisconsin, HAC erty. After the death of a loved one, other purposes. has provided close to $5.2 million in families are often forced to subdivide a f grants and loans to 17 non-profit hous- property and sell it for development to ing organizations and helped develop pay the costs of estate taxes. This situ- STATEMENTS ON INTRODUCED 825 units of housing. ation could become more common BILLS AND JOINT RESOLUTIONS Tony Romo, the current quarterback starting in 2011 when the estate tax is By Mr. KOHL (for himself, Ms. for the Dallas Cowboys, grew up in a set to revert back to the 2001 level of 55 SNOWE, and Mr. INOUYE): HAC-supported self-help home in Bur- percent above a $1 million per spouse S. 3637. A bill to authorize appropria- lington, WI. His parents built the home exemption. Nearly 15 years ago, in an tions for the Housing Assistance Coun- as part of Southeastern Wisconsin effort to provide some relief and en- cil; to the Committee on Banking, Housing Corporation’s sweat equity, courage conservation of family farms Housing, and Urban Affairs. self-help homeownership program. and ranches, Congress created an ex- Mr. KOHL. Mr. President, I rise There are countless examples linking a emption from the estate tax of up to 40 today to introduce the Housing Assist- child’s future success to the stability percent of the value of the land, capped ance Council Authorization Act. This in their childhood home. Tony Romo’s at $500,000, for land permanently pro- legslation will re-authorize appropria- story provides one such example of how tected by a conservation easement.

VerDate Mar 15 2010 04:10 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.025 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6204 CONGRESSIONAL RECORD — SENATE July 22, 2010 A conservation easement is a vol- SEC. 2. INCREASE IN LIMITATIONS ON THE Speaking at a dinner in Newport, RI, untary agreement between a landowner AMOUNT EXCLUDED FROM THE in 1961, President Kennedy said: GROSS ESTATE WITH RESPECT TO and the government that permanently LAND SUBJECT TO A QUALIFIED We are tied to the ocean . . . and when we restricts certain development and fu- CONSERVATION EASEMENT. go back to the sea, whether it is to sail or to ture uses of the land. It often prevents (a) INCREASE IN DOLLAR LIMITATION ON EX- watch it, we are going back from whence we future commercialization, while still CLUSION.—Paragraph (3) of section 2031(c) of came. permitting historic farming and ranch- the Internal Revenue Code of 1986 (relating My State, and indeed our country, al- ing operations to continue in the fam- to exclusion limitation) is amended by strik- ways have kept a special bond with ing ‘‘the exclusion limitation is’’ and all that those great waters. ily. I know in Colorado, our lands are follows and inserting ‘‘the exclusion limita- best cared for when each generation tion is $5,000,000.’’. As a practical matter, my State’s knows its stewardship will reward the (b) INCREASE IN PERCENTAGE OF VALUE OF economy, as do many others, relies on next. LAND WHICH IS EXCLUDABLE.—Paragraph (2) Narragansett Bay and Rhode Island When Congress first created the con- of section 2031(c) of such Code (relating to Sound to provide the jobs for fishing, servation easement exemption from es- applicable percentage) is amended— shipbuilding, tourism, and soon, we tate taxes in 1997, a 40 percent exemp- (1) by striking ‘‘40 percent’’ and inserting hope, wind farming. Across America, tion up to a total of $500,000 made ‘‘50 percent’’, and coastal waters generate over 50 percent sense. Now, that exclusion is simply (2) by striking ‘‘2 percentage points’’ and of our Nation’s gross domestic product inserting ‘‘2.5 percentage points’’. too small. Since 1997, average farm real (c) EFFECTIVE DATE.—The amendments and support more than 28 million jobs. estate values have more than doubled made by this section shall apply to the es- So we don’t call Rhode Island the and the average farm is larger, as larg- tates of decedents dying after December 31, Ocean State just because of its beau- er farms are more likely to be eco- 2009. tiful coasts and beaches. Although as a nomically viable. Incidentally, larger sailor and proud ambassador for Rhode farms are also more likely to hold re- By Mr. WHITEHOUSE (for him- Island’s tourism industry, I will tell sources worthy of conservation. The self, Ms. SNOWE, and Mr. ROCKE- my colleagues that Rhode Island’s old cap is simply no longer much of an FELLER): coast is one of the most beautiful incentive. S. 3641. A bill to create the National places on Earth. We are the Ocean My legislation is a simple solution to Endowment for the Oceans to promote State because from our earliest days the inadequacy of the current exemp- the protection and conservation of we have relied on the ocean and our be- tion. It raises the exemption for land United States ocean, coastal, and loved Narragansett Bay for trade, for under a conservation easement to 50 Great Lakes ecosystems, and for other food, for jobs, for recreation, and for percent, up to a maximum exclusion of purposes; to the Committee on Com- solace and inspiration. $5 million. It also encourages more ro- merce, Science, and Transportation. In part, it is Americans’ love of the bust conservation easements: less pro- Mr. WHITEHOUSE. Mr. President, I oceans that drives the need now to pro- tective easements will receive a pro- rise to discuss bipartisan legislation tect and restore them. Coastal America portionally lower exemption rate. If we coauthored by my friend and fellow is experiencing a huge population can support greater conservation ef- New Englander, OLYMPIA SNOWE, to es- boom, leading to more and more con- forts through a simple update to our tablish a national endowment for the struction that puts significant pressure existing tax code, then to me, that preservation, conservation, and res- on our natural coastline and our wet- sounds like a deal worth taking. toration of our Nation’s oceans, our lands. Worldwide demand for seafood This is a small change, but it has a coasts, and our Great Lakes. I also grows at a pace that our fish stocks profound effect. Those who choose to wish to take a moment and say a par- cannot keep pace with, and our demand enter into a conservation easement ticular thank-you to an original co- for energy leads us deeper and deeper will leave a dramatically reduced es- sponsor of this legislation, the chair- into the ocean in search of fuel. tate tax burden on their family. This, man of the Commerce Committee, Sen- For too long, we have been takers in turn, will help keep family farms ator ROCKEFELLER of West Virginia. from our oceans rather than caretakers and ranches whole, preserving them for The National Endowment for the of our oceans, and the evidence of our future generations. Oceans, along with the President’s re- peril is mounting. This is just a small piece of the es- cent Executive order establishing our From the Arctic Ocean, where ice tate tax puzzle, but it is an important country’s first ever national ocean pol- sheets that have been part of Inuit lore one. It is critically important for Con- icy, represent a long overdue and badly as far back as memory and oral tradi- gress to address the estate tax before needed commitment to our great wa- tion go, are now disappearing, to the the end of this year to prevent it from ters. While the President’s national tropic seas, where coral reefs that going back to where it was a decade ocean policy specifies national objec- serve as nurseries for ocean life are ago, with an exemption of only $1 mil- tives and outlines processes and gov- bleaching and dying, warnings are ring- lion. At that level, it would affect al- ernment structures to restore, protect, ing. most every farmer and rancher in my and maintain our ocean and coastal re- From the far-off waters of the Pa- state and in many others, as well as sources, the National Endowment for cific, where a garbage gyre of accumu- many, many family businesses. the Oceans will provide the funding to lated marine litter has grown larger We can protect the land, respect pri- actually achieve those public purposes. than the State of Texas, to our near vate property, ease tax burdens, and The endowment would make grants coasts such as Rhode Island’s own Nar- preserve our important farming and available to coastal and Great Lakes ragansett Bay where the water tem- ranching heritage with the exemption States, local government agencies, re- perature has risen 4 degrees in the win- my legislation proposes. I encourage gional planning bodies, academic insti- ter in the last 40 years, an ecosystem the Senate to take up and approve this tutions, and nonprofit organizations so shift displacing our historic fisheries, common-sense bill in an expeditious these entities could embark on projects warnings are ringing. manner. to learn more about and do a better job From the top of the oceanic food Mr. President, I ask unanimous con- of protecting our precious natural re- chain, where pollutants are turning our sent that the text of the bill be printed sources. marine mammals into swimming toxic in the RECORD. Author C. Clarke once said: waste and major pelagic species have There being no objection, the text of How inappropriate to call this planet suffered a 90-percent population crash, the bill was ordered to be printed in Earth when it is quite clearly ocean. to the very bottom of the food chain the RECORD, as follows: Oceans cover three-quarters of our where greenhouse gases change the S. 3640 planet’s surface, contain 90 percent of fundamental chemistry of our oceans Be it enacted by the Senate and House of Rep- our planet’s water, and produce more until they may become too acidic to resentatives of the United States of America in than two-thirds of our planet’s oxygen. Congress assembled, support the plankton base of the food For as long as mankind has lived on SECTION 1. SHORT TITLE. chain, real warnings are ringing. This Act may be cited as the ‘‘American the lands of this planet, oceans have Our present day ocean is more acidic Family Farm and Ranchland Protection Act sustained our survival and been part of today than it has been in 8,000 cen- of 2010’’. our identity. turies. A change in ocean chemistry

VerDate Mar 15 2010 04:10 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.068 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6205 happening so quickly, we don’t know if the famed ocean explorer who discov- My wife, Sandra, is a marine biolo- species will be able to adapt in time to ered the Titanic and is current presi- gist. We have watched as the Univer- survive. Even if we were to act imme- dent of the Ocean Exploration Trust, sity of Rhode Island, home of the Grad- diately to curb our carbon pollution, recently lamented that available funds uate School of Oceanography, has be- the stress on these ecosystems will cer- for ocean research often fall far short come a world leader in understanding tainly worsen for some time from what of desired goals. our oceans and how to conserve them. we have already put into our atmos- As we stand here and BP’s oil poisons We are watching GSO’s researchers phere. our Gulf of Mexico, it is time to ask struggle to keep up with rapid changes So from the far Arctic to the warm our political system to put the stew- reshaping the ecosystems they study. tropics, from the far ocean to the near ardship of our natural resources, our This endowment will help science keep coasts, from the top of the food chain ocean resources, at the forefront of our pace with change. to the bottom, real warning bells are national agenda. In the past, Congress The National Oceanic Atmospheric ringing. had established lasting endowments to Administration received $167 million We can’t begin to know what the protect other important American pri- for coastal restoration projects under total effects on our oceans will be, but orities. the Recovery Act last year. More than what we have observed so far must be Because we believe that a great soci- 800 proposals for shovel-ready projects deeply troubling to any prudent, ety must cherish artistic expression came in, totaling $3 billion. But NOAA thoughtful person. and study closely the lessons of his- could only fund 50. This endowment If you have been to the Biltmore tory, we established—through the wis- will help us move forward with those Hotel in downtown Providence, you dom of Senator Claiborne Pell—the Na- projects that protect our oceans and have seen a large plaque on the wall in tional Endowment for the Arts and the drive our economy. the lobby marking the high water National Endowment for the Human- The oceans contain the potential for mark of the great hurricane of 1938 ities. Because we believe that a great new discoveries, the potential for new when a massive storm surge filled society must connect communities to jobs, and the potential for new solu- downtown Providence and the hotel each other, we established a national tions to the emerging crisis off our lobby to a depth of about 5 feet. Sea highway trust fund. Because we believe shores. level rise, another ocean threat, could that a great society must guarantee its But it is time to act. I urge my col- mean that future storm surges crest elders a dignified and comfortable re- leagues to join Senator SNOWE and my- much higher, wreaking far worse dev- tirement after a lifetime of work, we self in support of this legislation. Let astation. established Social Security. Because ours be the generation that tips the in- That is a threat that is not unique to we are indeed tied to our great waters, creasingly troubling balance between Rhode Island. Island nations around we should now act to establish a na- mankind and the oceans, from whence the globe are currently preparing for tional endowment for the oceans, we came, a little bit back toward the the possibility—really, the inevi- coasts, and Great Lakes. benefit of our oceans. tability—that they will literally be en- This legislation, as I said, is bipar- Ms. SNOWE. Mr. President, as I rise tisan. I thank Senator OLYMPIA SNOWE gulfed by the ocean. today to join Senator WHITEHOUSE in The National Intelligence Council re- for joining in this effort. This legisla- introducing the National Endowment ports that at least 30 American mili- tion is science based, with much of the for the Oceans Act, our Nation con- tary installations around the world money made available through a com- tinues to bear the brunt of what has will be underwater if sea levels rise as petitive grant program that will award now become the biggest offshore oil funding to research undertaken by aca- projected. There is a dangerous feed- spill in recorded history. Since April demic institutions, on-the-ground con- back loop. The more ice that melts, the 20, 2010, when the mobile offshore drill- servation by nonprofit organizations, greater the danger. As darker ocean ing unit Deepwater Horizon exploded and local governments, and protection water traps rather than reflects the and sank 50 miles off the coast of Lou- of critical public infrastructure. isiana, claiming the lives of 11 men, as Sun’s rays, melting accelerates and This legislation is cost effective, co- much as 180 million gallons of oil has leaves us with less and less time to act, ordinating existing efforts of Federal, spewed into the Gulf of Mexico. The less and less time to spare our grand- local, and private programs, reducing ecosystem, environment, and the cul- children the consequences of our gen- duplication of research efforts, and eration’s selfishness and folly. crossing political borders to ensure ture of the Gulf coast region will feel Even seemingly modest changes in that every dollar is spent with the the effects of this spill for decades to temperature, such as the 4 degree in- greatest possible effect. come in the aftermath of an event that crease in Narragansett Bay, wreak This legislation is appropriately paid has focused National attention on one havoc on marine ecosystems, causing for with revenue generated from the of our most productive, beautiful, and what amounts to a full ecosystem oilspill liability trust fund, Outer Con- beloved resources: our oceans and shift. Anybody who relies on marine tinental Shelf drilling, offshore renew- coasts. I also want to acknowledge the life for food, recreation, or a paycheck able energy development, and fines col- support of the Chair of the Senate may soon find their lives changed by lected for violations of the Federal law Committee on Commerce, Science, and the disruption of the ocean’s delicate off our coastline. Put simply, a small Transportation, Senator ROCKEFELLER ecosystem. portion of the revenue extracted from for his cosponsorship of this initiative. As a member of the Senate’s Com- our oceans and great waters must be As Ranking Member on the Com- mittee on Environment and Public reinvested to now protect their long- merce Subcommittee on Oceans, At- Works, I find myself habitually frus- term viability. mosphere, Fisheries, and Coast Guard, trated that this ‘‘tragedy of the com- The ocean provides us with great and as a Senator from a state which re- mons’’ continues to play out, while we bounty, and we will continue to take lies heavily on our marine and coastal stand idly on the sidelines and fail to advantage of the ocean’s bounty, as we resources, I have long appreciated the intervene. should. We will fish, we will sail, and tremendous value of America’s oceans, As a source of jobs and economic op- we will trade. We will dispose of waste. coasts, and Great Lakes. Throughout portunity, a key element of our Amer- We will extract fuel and construct wind my time in this body I have pursued ican tradition and, truly, the origin of farms. We will put pressure on our policies that would enhance our stew- life on our planet, our oceans, and our oceans. Navies and cruise ships, sail- ardship of these treasured regions, and responsibility for them, ought to oc- boats and supertankers, will plow their permit sustainable use of the bounty cupy a more prominent place on our surface. We cannot change that part of they provide. This legislation would national agenda. our relationship with the sea. ensure a brighter future for these areas Yet, our commitment to ocean and What we can change is what we do in that heal our souls and drive our econ- coastal preservation is unreliable at return. We can, for the first time, give omy. best—subject to the volatility of the back. We can become stewards of our Investment in our oceans is invest- yearly budget and appropriations proc- oceans—not just takers, but care- ment in our future. The United States’ ess. None other than Robert Ballard, takers. exclusive economic zone, encompassing

VerDate Mar 15 2010 04:10 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.042 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6206 CONGRESSIONAL RECORD — SENATE July 22, 2010 the area 200 miles out from our shores, three targeted grant programs—one to dedicated Recovery Act funding for covers more of the earth’s surface than coastal states, a second to support re- their PACE programs. our land area, and ultimately what af- gional ocean partnerships, and a third Despite the promise of this program, fects our coastal economy drives our to fund the activities of additional the Federal Housing Finance Agency Nation’s economy. More than 75 per- ocean research not covered by the recently ordered Fannie Mae and cent of growth in this country from other two programs. This money would Freddie Mac to take actions that limit 1997 to 2007, whether measured in popu- be available at the discretion of State the use of PACE programs in conjunc- lation, jobs, or gross domestic product, and Federal resource managers for ac- tion with their home mortgages, effec- occurred in coastal States. Coastal tivities proven to restore, protect, tively killing the program. FHFA ob- counties, covering just 18 percent of maintain, or understand living marine jected that PACE assessments carry a our land area, contributed 42 percent of resources and their habitats and eco- priority lien, ahead of the lenders, on U.S. economic output in 2007 according systems. participating properties. to a report published last year by the Funding will supplement, not re- The right of States and localities to National Ocean Economics Program. place, annual appropriations for the secure property tax assessments with a Tourism, inherently reliant on pristine National Oceanic and Atmospheric Ad- senior position is well established, and beaches, healthy habitat to foster fish, ministrations, NOAA, and other Fed- in the past, Fannie and Freddie have shellfish, and marine mammals, and eral agencies already carrying out crit- always respected this right—such as fishable, swimmable waters, contrib- ical work in our ocean, coastal, and with assessments to finance sidewalks, uted over half a trillion dollars to our Great Lakes regions. In the past I have bridges, or parks and other projects national GDP. pressed the Administration and others that provide a public benefit—without This is why in the 2004 report of the in this body to increase Federal sup- raising any concerns over the impact of U.S. Commission on Ocean Policy, one port for these agencies. I will continue such priority liens. In addition, the De- of that body’s fundamental priorities to call for increases in NOAA’s base partment of Energy issued guidance for was the creation of an ocean policy funding until our investment in the municipalities intending to use Recov- trust fund to supplement existing ap- agency meets the requirements of its ery Act funding for PACE programs propriations for ocean and coastal pro- missions. In the meantime, this pro- that calls for strong underwriting grams. The Joint Ocean Commission gram would provide a significant boost standards. These guidelines require Initiative, comprised of members of to our efforts to protect, conserve, re- that the savings a property owner that body and the Pew Oceans Commis- store, and understand the oceans, would see as a result of any upgrade sion, has consistently listed establish- coasts and Great Lakes so vital to our must be greater than the cost of the as- sessment, leaving homeowners in a ment of an ocean trust fund among its national heritage, culture, economy, more financially secure position. highest priorities. The National En- and identity. To allow PACE programs to con- dowment for the Oceans will at long I would like once again to thank Sen- tinue, as well as protect homeowners last meet this demand and provide a ator WHITEHOUSE for his tireless ocean and taxpayers, we must take imme- consistent stream of supplemental advocacy and his invaluable work to diate action to address the overreach funding to enhance our commitment to introduce the National Endowment for by the FHFA. My legislation would re- protecting and sustaining these most the Oceans Act, and Senator ROCKE- fragile resources. quire Fannie Mae and Freddie Mac to: FELLER for his cosponsorship of this adopt sound underwriting standards for The fact is, our oceans and coastal initiative, and I look forward to work- regions face more challenges today financing clean-energy upgrades, con- ing with them on this and many more sistent with Department of Energy than at any time in our history. Global ocean issues in the future. climate change is already being felt guidelines; treat a PACE assessment as more pressingly off our shores than our By Mrs. BOXER (for herself, Mr. any other property tax assessment and respect States’ authority to secure scientists yet understand. In the past MERKLEY, Mrs. GILLIBRAND, and such assessments with a first lien; few years alone, ocean acidification, a Mr. BEGICH): threat so new it was not even men- S. 3642. A bill to ensure that the un- allow homeowners to finance, refi- tioned in the Ocean Commission’s re- derwriting standards of Fannie Mae nance, or sell their home without hav- port, has begun to change the funda- and Freddie Mac facilitate the use of ing to repay any PACE assessment mental makeup of the ocean food web property assessed clean energy pro- first; prohibit discrimination against and destroy coral reef structures that grams to finance the installation of re- communities implementing or partici- pating in a PACE program. have for eons girded our shores and newable energy and energy efficiency The legislation also limits the assess- provided nursery grounds for countless improvements; to the Committee on ment amount subject to foreclosure to species of fish. Scientists believe in- Banking, Housing, and Urban Affairs. only the unpaid delinquent amount, Mrs. BOXER. Mr. President, I rise creasing ocean temperatures are to along with applicable penalties, inter- today to introduce the PACE Assess- blame for a steep and sudden decline in est and costs, and not the entire the southern New England and Long Is- ment Protection Act of 2010. I am amount. land Sound lobster populations. This pleased to be joined in this effort by The current uncertainty surrounding problem is so grave that fishery man- my colleagues, Senators MERKLEY, PACE programs is jeopardizing $110 agers are considering closing the entire GILLIBRAND, and BEGICH. million in Federal investments for fishery in this area that has been rich Property Assessed Clean Energy or California communities, and millions with lobster throughout the duration PACE programs allow homeowners and more in other States, which is simply of recorded human history. Hypoxic building owners to finance an energy unacceptable. We must take action to areas known as ‘‘dead zones’’ are crop- efficiency upgrade to their property protect these initiatives because they ping up off our shores in areas where through a tax assessment on that prop- create jobs, save homeowners money they never before existed, and the an- erty. In this way, property owners are on their energy bills and help our envi- nual hypoxic zone in the Gulf of Mexico able to spread the cost of the upgrades ronment. I urge my colleagues to join regularly encompasses an area the size over several years, lower their energy me and to support this legislation. of the state of New Jersey. I could go costs, contribute to a cleaner environ- on and on, but my point is abundantly ment, and create jobs. By Mr. MCCONNELL (for himself, clear—our oceans need our help. In California, nearly half of the Ms. MURKOWSKI, Mr. ALEX- This vital legislation would set aside State’s 58 counties, as well as indi- ANDER, Mr. INHOFE, and Mr. a portion of revenues from offshore oil vidual cities, have developed PACE THUNE): and gas and renewable energy develop- programs or plan to start one, and 23 S. 3643. A bill to amend the Outer ment on the outer continental shelf states as well as the District of Colum- Continental Shelf Lands Act to reform and would apply interest generated by bia have enacted PACE legislation. The the management of energy and mineral the oil spill liability trust fund to a program has the strong support of the resources on the Outer Continental dedicated National Endowment for the White House and the Department of Shelf, to improve oil spill compensa- Oceans. This endowment would fund Energy, and many States and cities tion, to terminate the moratorium on

VerDate Mar 15 2010 04:10 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.032 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6207 deepwater drilling, and for other pur- Sec. 236. Use of stimulus funds to offset (B) by adding ‘‘best available commercial’’ poses; read the first time. spending. after ‘‘using’’. Mr. MCCONNELL. Mr. President, I TITLE III—GUIDANCE ON MORATORIUM SEC. 104. STRUCTURAL REFORM OF OUTER CON- ask unanimous consent that the text of ON OUTER CONTINENTAL SHELF TINENTAL SHELF PROGRAM MAN- DRILLING AGEMENT. the bill be printed in the RECORD. There being no objection, the text of Sec. 301. Limitation of moratorium on cer- (a) IN GENERAL.—The Outer Continental tain permitting and drilling ac- the bill was ordered to be printed in Shelf Lands Act (43 U.S.C. 1331 et seq.) is tivities. amended by adding to the end the following: the RECORD, as follows: Sec. 302. Deepwater Horizon incident. S. 3643 ‘‘SEC. 32. STRUCTURAL REFORM OF OUTER CON- TITLE I—OUTER CONTINENTAL SHELF TINENTAL SHELF PROGRAM MAN- Be it enacted by the Senate and House of Rep- REFORM AGEMENT. resentatives of the United States of America in SEC. 101. PURPOSES. ‘‘(a) LEASING, PERMITTING, AND REGULATION Congress assembled, The purposes of this title are— BUREAUS.— (1) to rationalize and reform the respon- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(1) ESTABLISHMENT OF BUREAUS.— sibilities of the Secretary of the Interior (a) SHORT TITLE.—This Act may be cited as ‘‘(A) IN GENERAL.—Subject to the discre- the ‘‘Oil Spill Response Improvement Act of with respect to the management of the outer tion granted by Reorganization Plan Number 2010’’. Continental Shelf in order to improve the 3 of 1950 (64 Stat. 1262; 43 U.S.C. 1451 note), (b) TABLE OF CONTENTS.—The table of con- management, oversight, accountability, the Secretary shall establish in the Depart- tents for this Act is as follows: safety, and environmental protection of all ment of the Interior not more than 2 bureaus the resources on the outer Continental Shelf; Sec. 1. Short title; table of contents. to carry out the leasing, permitting, and (2) to provide independent development safety and environmental regulatory func- TITLE I—OUTER CONTINENTAL SHELF and enforcement of safety and environ- tions vested in the Secretary by this Act and REFORM mental laws (including regulations) gov- the Federal Oil and Gas Royalty Manage- Sec. 101. Purposes. erning— ment Act of 1982 (30 U.S.C. 1701 et seq.) re- Sec. 102. Definitions. (A) energy development and mineral ex- lated to the outer Continental Shelf. Sec. 103. National policy for the outer Conti- traction activities on the outer Continental ‘‘(B) CONFLICTS OF INTEREST.—In estab- nental Shelf. Shelf; and lishing the bureaus under subparagraph (A), Sec. 104. Structural reform of outer Conti- (B) related offshore activities; and the Secretary shall ensure, to the maximum nental Shelf program manage- (3) to ensure a fair return to the taxpayer extent practicable, that any potential orga- ment. from, and independent management of, roy- nizational conflicts of interest related to Sec. 105. Safety, environmental, and finan- alty and revenue collection and disburse- leasing, revenue creation, environmental cial reform of the Outer Conti- ment activities from mineral and energy re- protection, and safety are eliminated. nental Shelf Lands Act. sources. ‘‘(2) DIRECTOR.—Each bureau shall be head- Sec. 106. Study on the effect of the mora- SEC. 102. DEFINITIONS. ed by a Director, who shall be appointed by toria on new deepwater drilling In this title: the President, by and with the advice and in the Gulf of Mexico on em- (1) DEPARTMENT.—The term ‘‘Department’’ consent of the Senate. ployment and small businesses. means the Department of the Interior. ‘‘(3) COMPENSATION.—Each Director shall Sec. 107. Reform of other law. (2) OUTER CONTINENTAL SHELF.—The term be compensated at the rate provided for level Sec. 108. Safer oil and gas production. ‘‘outer Continental Shelf’’ has the meaning V of the Executive Schedule under section Sec. 109. National Commission on Outer given the term in section 2 of the Outer Con- 5316 of title 5, United States Code. Continental Shelf Oil Spill Pre- tinental Shelf Lands Act (43 U.S.C. 1331). ‘‘(4) QUALIFICATIONS.—Each Director shall vention. (3) SECRETARY.—The term ‘‘Secretary’’ be a person who, by reason of professional Sec. 110. Classification of offshore systems. means the Secretary of the Interior. Sec. 111. Savings provisions. background and demonstrated ability and SEC. 103. NATIONAL POLICY FOR THE OUTER experience, is specially qualified to carry out Sec. 112. Budgetary effects. CONTINENTAL SHELF. the duties of the office. TITLE II—OIL SPILL COMPENSATION Section 3 of the Outer Continental Shelf ‘‘(b) ROYALTY AND REVENUE OFFICE.— Subtitle A—Oil Spill Liability Lands Act (43 U.S.C. 1332) is amended— (1) by striking paragraph (3) and inserting ‘‘(1) ESTABLISHMENT OF OFFICE.—Subject to PART I—OIL POLLUTION ACT OF 1990 the following: the discretion granted by Reorganization Sec. 201. Liability limits. ‘‘(3) the outer Continental Shelf is a vital Plan Number 3 of 1950 (64 Stat. 1262; 43 U.S.C. Sec. 202. Advance payment. national resource reserve held by the Federal 1451 note), the Secretary shall establish in PART II—OIL SPILL LIABILITY TRUST FUND Government for the public, which should be the Department of the Interior an office to Sec. 211. Rate of tax for Oil Spill Liability managed in a manner that— carry out the royalty and revenue manage- Trust Fund. ‘‘(A) recognizes the need of the United ment functions vested in the Secretary by Sec. 212. Limitations on expenditures and States for competitive domestic sources of this Act and the Federal Oil and Gas Royalty borrowing authority. energy, food, minerals, and other resources; Management Act of 1982 (30 U.S.C. 1701 et ‘‘(B) minimizes the potential impacts of seq.). Subtitle B—Federal Oil Spill Research development of those resources on the ma- ‘‘(2) DIRECTOR.—The office established Sec. 221. Definitions. rine and coastal environment and on human under paragraph (1) shall be headed by a Di- Sec. 222. Federal oil spill research. health and safety; and rector, who shall be appointed by the Presi- Sec. 223. National Academy of Science par- ‘‘(C) acknowledges the long-term economic dent, by and with the advice and consent of ticipation. value to the United States of the balanced, the Senate. Sec. 224. Technical and conforming amend- expeditious, and orderly management and ‘‘(3) COMPENSATION.—The Director shall be ments. production of those resources that safe- compensated at the rate provided for level V Sec. 225. Oil spill response authority. guards the environment and respects the of the Executive Schedule under section 5316 Sec. 226. Maritime center of expertise. multiple values and uses of the outer Conti- of title 5, United States Code. Sec. 227. National strike force. nental Shelf;’’; ‘‘(4) QUALIFICATIONS.—The Director shall Sec. 228. District preparedness and response (2) in paragraph (4)(C), by striking the pe- be a person who, by reason of professional teams. riod at the end and inserting a semicolon; background and demonstrated ability and Sec. 229. Oil spill response organizations. (3) in paragraph (5), by striking ‘‘; and’’ and experience, is specially qualified to carry out Sec. 230. Program for oil spill and hazardous inserting a semicolon; the duties of the office. substance release response. (4) by redesignating paragraph (6) as para- ‘‘(c) OCS SAFETY AND ENVIRONMENTAL AD- Sec. 230a. Oil and hazardous substance li- graph (7); VISORY BOARD.— ability. (5) by inserting after paragraph (5) the fol- ‘‘(1) ESTABLISHMENT.—The Secretary shall Subtitle C—Oil and Gas Leasing lowing: establish, under the Federal Advisory Com- Sec. 231. Revenue sharing from outer Conti- ‘‘(6) exploration, development, and produc- mittee Act (5 U.S.C. App.), an Outer Conti- nental Shelf areas in certain tion of energy and minerals on the outer nental Shelf Safety and Environmental Ad- coastal States. Continental Shelf should be allowed only visory Board (referred to in this subsection Sec. 232. Revenue sharing from areas in when those activities can be accomplished in as the ‘Board’), to provide the Secretary and Alaska Adjacent zone. a manner that provides reasonable assurance the Directors of the bureaus established Sec. 233. Accelerated revenue sharing to pro- of adequate protection against harm to life, under this section with independent peer-re- mote coastal resiliency among health, the environment, property, or other viewed scientific and technical advice on Gulf producing States. users of the waters, seabed, or subsoil; and’’; safe and environmentally compliant energy Sec. 234. Coastal impact assistance program and and mineral resource exploration, develop- amendments. (6) in paragraph (7) (as so redesignated)— ment, and production activities. Sec. 235. Production of oil from certain Arc- (A) by striking ‘‘should be’’ and inserting ‘‘(2) MEMBERSHIP.— tic offshore leases. ‘‘shall be’’; and ‘‘(A) SIZE.—

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‘‘(i) IN GENERAL.—The Board shall consist ‘‘(ii) exercise of the authority is necessary the duties and authorities described in this of not more than 12 members, chosen to re- to recruit an individual exceptionally well section shall be deemed to refer and apply to flect a range of expertise in scientific, engi- qualified for the position. that same or equivalent position in the ap- neering, management, and other disciplines ‘‘(B) LIMITATIONS.—The authority granted propriate bureau or office established under related to safe and environmentally compli- under subparagraph (A) shall be subject to this section.’’. ant energy and mineral resource exploration, the following conditions: (b) CONFORMING AMENDMENT.—Section 5316 development, and production activities. ‘‘(i) The number of critical positions au- of title 5, United States Code, is amended by ‘‘(ii) CONSULTATION.—The Secretary shall thorized by subparagraph (A) may not exceed striking ‘‘Director, Bureau of Mines, Depart- consult with the National Academy of 40 at any 1 time in either of the bureaus es- ment of the Interior’’ and inserting the fol- Sciences and the National Academy of Engi- tablished under this section. lowing: neering to identify potential candidates for ‘‘(ii) The term of an appointment under ‘‘Bureau Directors, Department of the In- membership on the Board. subparagraph (A) may not exceed 4 years. terior (2). ‘‘(B) TERM.—The Secretary shall appoint ‘‘(iii) An individual appointed under sub- ‘‘Director, Royalty and Revenue Office, De- Board members to staggered terms of not paragraph (A) may not have been an em- partment of the Interior.’’. more than 4 years, and shall not appoint a ployee of the Department of the Interior dur- SEC. 105. SAFETY, ENVIRONMENTAL, AND FINAN- member for more than 2 consecutive terms. ing the 2-year period prior to the date of ap- CIAL REFORM OF THE OUTER CON- TINENTAL SHELF LANDS ACT. ‘‘(C) CHAIR.—The Secretary shall appoint pointment. (a) DEFINITIONS.—Section 2 of the Outer the Chair for the Board. ‘‘(iv) Total annual compensation for any individual appointed under subparagraph (A) Continental Shelf Lands Act (43 U.S.C. 1331) ‘‘(3) MEETINGS.—The Board shall— is amended by adding at the end the fol- ‘‘(A) meet not less than 3 times per year; may not exceed the highest total annual compensation payable at the rate deter- lowing: and ‘‘(r) SAFETY CASE.—The term ‘safety case’ mined under section 104 of title 3, United ‘‘(B) at least once per year, shall host a means a complete set of safety documenta- States Code. public forum to review and assess the overall tion that provides a basis for determining ‘‘(v) An individual appointed under sub- safety and environmental performance of whether a system is adequately safe for a paragraph (A) may not be considered to be outer Continental Shelf energy and mineral given application in a given environment.’’. an employee for purposes of subchapter II of resource activities. (b) ADMINISTRATION OF LEASING.—Section ‘‘(4) REPORTS.—Reports of the Board chapter 75 of title 5, United States Code. 5(a) of the Outer Continental Shelf Lands shall— ‘‘(C) NOTIFICATION.—Each year, the Sec- Act (43 U.S.C. 1334(a)) is amended in the sec- ‘‘(A) be submitted to Congress; and retary shall submit to Congress a notifica- ond sentence— ‘‘(B) made available to the public in an tion that lists each individual appointed (1) by striking ‘‘The Secretary may at any electronically accessible form. under this paragraph. time’’ and inserting ‘‘The Secretary shall’’; ‘‘(3) REEMPLOYMENT OF CIVILIAN RETIR- ‘‘(5) TRAVEL EXPENSES.—Members of the and Board, other than full-time employees of the EES.— (2) by inserting after ‘‘provide for’’ the fol- Federal Government, while attending a ‘‘(A) IN GENERAL.—Notwithstanding part lowing: ‘‘operational safety, the protection meeting of the Board or while otherwise 553 of title 5, Code of Federal Regulations of the marine and coastal environment,’’. (relating to reemployment of civilian retir- serving at the request of the Secretary or (c) MAINTENANCE OF LEASES.—Section 6 of ees to meet exceptional employment needs), the Director while serving away from their the Outer Continental Shelf Lands Act (43 or successor regulations, the Secretary may homes or regular places of business, may be U.S.C. 1335) is amended by adding at the end approve the reemployment of an individual allowed travel expenses, including per diem the following: to a particular position without reduction or in lieu of subsistence, as authorized by sec- ‘‘(f) REVIEW OF BOND AND SURETY termination of annuity if the hiring of the tion 5703 of title 5, United States Code, for AMOUNTS.—Not later than May 1, 2011, and individual is necessary to carry out a critical individuals in the Federal Government serv- every 5 years thereafter, the Secretary function of any of the organizational units ing without pay. shall— established under this section for which suit- ‘‘(1) review the minimum financial respon- ‘‘(d) SPECIAL PERSONNEL AUTHORITIES.— ably qualified candidates do not exist. sibility requirements for mineral leases ‘‘(1) DIRECT HIRING AUTHORITY FOR CRITICAL ‘‘(B) LIMITATIONS.—An annuitant hired under subsection (a)(11); and PERSONNEL.— with full salary and annuities under the au- ‘‘(2) adjust for inflation based on the Con- ‘‘(A) IN GENERAL.—Notwithstanding sec- thority granted by subparagraph (A)— sumer Price Index for all Urban Consumers tions 3104, 3304, and 3309 through 3318 of title ‘‘(i) shall not be considered an employee published by the Bureau of Labor Statistics 5, United States Code, the Secretary may, for purposes of subchapter III of chapter 83 of the Department of Labor, and recommend upon a determination that there is a severe and chapter 84 of title 5, United States Code; to Congress any further changes to existing shortage of candidates or a critical hiring ‘‘(ii) may not elect to have retirement con- financial responsibility requirements nec- need for particular positions, recruit and di- tributions withheld from the pay of the an- essary to permit lessees to fulfill all obliga- rectly appoint highly qualified accountants, nuitant; tions under this Act or the Oil Pollution Act scientists, engineers, or critical technical ‘‘(iii) may not use any employment under of 1990 (33 U.S.C. 2701 et seq.). personnel into the competitive service, as of- this paragraph as a basis for a supplemental ‘‘(g) PERIODIC FISCAL REVIEWS AND RE- ficers or employees of any of the organiza- or recomputed annuity; and PORTS.— tional units established under this section. ‘‘(iv) may not participate in the Thrift ‘‘(1) ROYALTY RATES.— ‘‘(B) REQUIREMENTS.—In exercising the au- Savings Plan under subchapter III of chapter ‘‘(A) IN GENERAL.—Not later than 1 year thority granted under subparagraph (A), the 84 of title 5, United States Code. after the date of enactment of this sub- Secretary shall ensure that any action taken ‘‘(C) LIMITATION ON TERM.—The term of em- section and every 4 years thereafter, the Sec- by the Secretary— ployment of any individual hired under sub- retary shall carry out a review of, and pre- ‘‘(i) is consistent with the merit principles paragraph (A) may not exceed an initial pare a report that describes— of chapter 23 of title 5, United States Code; term of 2 years, with an additional 2-year ap- ‘‘(i) the royalty and rental rates included and pointment under exceptional circumstances. in new offshore oil and gas leases and the ra- ‘‘(ii) complies with the public notice re- ‘‘(e) CONTINUITY OF AUTHORITY.—Subject to tionale for the rates; quirements of section 3327 of title 5, United the discretion granted by Reorganization ‘‘(ii) whether, in the view of the Secretary, States Code. Plan Number 3 of 1950 (64 Stat. 1262; 43 U.S.C. the royalty and rental rates described in sub- ‘‘(2) CRITICAL PAY AUTHORITY.— 1451 note), any reference in any law, rule, paragraph (A) would yield a fair return to ‘‘(A) IN GENERAL.—Notwithstanding section regulation, directive, or instruction, or cer- the public while promoting the production of 5377 of title 5, United States Code, and with- tificate or other official document, in force oil and gas resources in a timely manner; out regard to the provisions of that title gov- immediately prior to the date of enactment and erning appointments in the competitive of this section— ‘‘(iii) whether, based on the review, the service or the Senior Executive Service and ‘‘(1) to the Minerals Management Service Secretary intends to modify the royalty or chapters 51 and 53 of that title (relating to that pertains to any of the duties and au- rental rates. classification and pay rates), the Secretary thorities described in this section shall be ‘‘(B) PUBLIC PARTICIPATION.—In carrying may establish, fix the compensation of, and deemed to refer and apply to the appropriate out a review and preparing a report under appoint individuals to critical positions bureaus and offices established under this subparagraph (A), the Secretary shall pro- needed to carry out the functions of any of section; vide to the public an opportunity to partici- the organizational units established under ‘‘(2) to the Director of the Minerals Man- pate. this section, if the Secretary certifies that— agement Service that pertains to any of the ‘‘(2) COMPARATIVE REVIEW OF FISCAL SYS- ‘‘(i) the positions— duties and authorities described in this sec- TEM.— ‘‘(I) require expertise of an extremely high tion shall be deemed to refer and apply to ‘‘(A) IN GENERAL.—Not later than 1 year level in a scientific or technical field; and the Director of the bureau or office under after the date of enactment of this sub- ‘‘(II) any of the organizational units estab- this section to whom the Secretary has as- section and every 4 years thereafter, the Sec- lished in this section would not successfully signed the respective duty or authority; and retary in consultation with the Secretary of accomplish an important mission without ‘‘(3) to any other position in the Minerals the Treasury, shall carry out a comprehen- such an individual; and Management Service that pertains to any of sive review of all components of the Federal

VerDate Mar 15 2010 04:10 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.043 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6209 offshore oil and gas fiscal system, including ‘‘(ii) a description of the equipment to be (3) by striking subsection (d) and inserting requirements and trends for bonus bids, rent- used for the exploration activities, includ- the following: al rates, royalties, oil and gas taxes, income ing— ‘‘(d) DRILLING PERMITS.— taxes, wage requirements, regulatory com- ‘‘(I) a description of the drilling unit; ‘‘(1) IN GENERAL.—The Secretary shall, by pliance costs, oil and gas fees, and other sig- ‘‘(II) a statement of the design and condi- regulation, require that any lessee operating nificant financial elements. tion of major safety-related pieces of equip- under an approved exploration plan obtain a ‘‘(B) INCLUSIONS.—The review shall in- ment; permit— clude— ‘‘(III) a description of any new technology ‘‘(A) before the lessee drills a well in ac- ‘‘(i) information and analyses comparing to be used; and the offshore bonus bids, rents, royalties, ‘‘(IV) a statement demonstrating that the cordance with the plan; and taxes, and fees of the Federal Government to equipment to be used meets the best avail- ‘‘(B) before the lessee significantly modi- the offshore bonus bids, rents, royalties, able commercial technology requirements fies the well design originally approved by taxes, and fees of other resource owners (in- under section 21(b); the Secretary. cluding States and foreign countries); and ‘‘(iii) a map showing the location of each ‘‘(2) ENGINEERING REVIEW REQUIRED.—The ‘‘(ii) an assessment of the overall offshore well to be drilled; Secretary may not grant any drilling permit oil and gas fiscal system in the United ‘‘(iv)(I) a scenario for the potential blow- until the date of completion of a full review States, as compared to foreign countries. out of the well involving the highest ex- of the well system by not less than 2 agency ‘‘(C) INDEPENDENT ADVISORY COMMITTEE.— pected volume of liquid hydrocarbons; and engineers, including a written determination In carrying out a review under this para- ‘‘(II) a complete description of a response that— graph, the Secretary shall convene and seek plan to control the blowout and manage the ‘‘(A) critical safety systems (including the advice of an independent advisory com- accompanying discharge of hydrocarbons, in- blowout prevention) will use best available mittee comprised of oil and gas and fiscal ex- cluding— commercial technology; and perts from States, Indian tribes, academia, ‘‘(aa) the technology and estimated ‘‘(B) blowout prevention systems will in- the energy industry, and appropriate non- timeline for regaining control of the well; clude redundancy and remote triggering ca- governmental organizations. and pability. ‘‘(D) REPORT.—The Secretary shall prepare ‘‘(bb) the strategy, organization, and re- ‘‘(3) MODIFICATION REVIEW REQUIRED.—The a report that contains— sources to be used to avoid harm to the envi- Secretary may not approve any modification ‘‘(i) the contents and results of the review ronment and human health from hydro- of a permit without a determination, after carried out under this paragraph for the pe- carbons; and an additional engineering review, that the riod covered by the report; and ‘‘(v) any other information determined to modification will not compromise the safety be relevant by the Secretary. ‘‘(ii) any recommendations of the Sec- of the well system previously approved. ‘‘(B) DEEPWATER WELLS.— retary and the Secretary of the Treasury ‘‘(4) OPERATOR SAFETY AND ENVIRONMENTAL ‘‘(i) IN GENERAL.—Before conducting explo- based on the contents and results of the re- MANAGEMENT REQUIRED.—The Secretary may view. ration activities in water depths greater than 500 feet, the holder of a lease shall sub- not grant any drilling permit or modifica- ‘‘(E) COMBINED REPORT.—The Secretary tion of the permit until the date of comple- may combine the reports required by para- mit to the Secretary for approval a deep- water operations plan prepared by the lessee tion and approval of a safety and environ- graphs (1) and (2)(D) into 1 report. in accordance with this subparagraph. mental management plan that— ‘‘(3) REPORT DEADLINE.—Not later than 30 ‘‘(ii) TECHNOLOGY REQUIREMENTS.—A deep- ‘‘(A) is to be used by the operator during days after the date on which the Secretary water operations plan under this subpara- all well operations; and completes each report under this subsection, graph shall be based on the best available ‘‘(B) includes— the Secretary shall submit copies of the re- commercial technology to ensure safety in ‘‘(i) a description of the expertise and expe- port to— carrying out the exploration activity and the rience requirements of crew members who ‘‘(A) the Committee on Energy and Natural blowout response plan. will be present on the rig; and Resources of the Senate; ‘‘(iii) SYSTEMS ANALYSIS REQUIRED.—The ‘‘(ii) designation of at least 2 environ- ‘‘(B) the Committee on Finance of the Sen- Secretary shall not approve a deepwater op- mental and safety managers that— ate; erations plan under this subparagraph unless ‘‘(I) are or will be employees of the oper- ‘‘(C) the Committee on Natural Resources the plan includes a technical systems anal- ator; of the House of Representatives; and ysis of— ‘‘(II) would be present on the rig at all ‘‘(D) the Committee on Ways and Means of ‘‘(I) the safety of the proposed exploration times; and the House of Representatives.’’. activity; ‘‘(III) have overall responsibility for the (d) LEASES, EASEMENTS, AND RIGHTS-OF- ‘‘(II) the blowout prevention technology; safety and environmental management of WAY.—Section 8 of the Outer Continental and the well system and spill response plan; and Shelf Lands Act (43 U.S.C. 1337) is amended ‘‘(III) the blowout and spill response ‘‘(C) not later than May 1, 2012, requires by striking subsection (d) and inserting the plans.’’; and that all employees on the rig meet the train- following: (C) by adding at the end the following: ing and experience requirements under sec- ‘‘(d) DISQUALIFICATION FROM BIDDING.—No ‘‘(5) DEADLINE FOR APPROVAL.— tion 21(b)(4). bid for a lease may be submitted by any enti- ‘‘(A) IN GENERAL.—In the case of a lease ty that the Secretary finds, after prior pub- issued under a sale held after March 17, 2010, ‘‘(e) DISAPPROVAL OF EXPLORATION PLAN.— lic notice and opportunity for a hearing— the deadline for approval of an exploration ‘‘(1) IN GENERAL.—The Secretary shall dis- ‘‘(1) is not meeting due diligence, safety, or plan referred to in the fourth sentence of approve an exploration plan submitted under environmental requirements, constituting paragraph (1) is— this section if the Secretary determines significant infractions, on other leases; or ‘‘(i) the date that is 90 days after the date that, because of exceptional geological con- ‘‘(2)(A) is a responsible party for a vessel or on which the plan or the modifications to ditions in the lease areas, exceptional re- a facility from which oil is discharged, for the plan are submitted; or source values in the marine or coastal envi- purposes of section 1002 of the Oil Pollution ‘‘(ii) the date that is not later than an ad- ronment, or other exceptional cir- Act of 1990 (33 U.S.C. 2702); and ditional 180 days after the deadline described cumstances, that— ‘‘(B) has failed to meet the obligations of in clause (i), if the Secretary makes a find- ‘‘(A) implementation of the exploration the responsible party under that Act to pro- ing that additional time is necessary to com- plan would probably cause serious harm or vide compensation for covered removal costs plete any environmental, safety, or other re- damage to life (including fish and other and damages.’’. views. aquatic life), property, mineral deposits, na- (e) EXPLORATION PLANS.—Section 11 of the ‘‘(B) EXISTING LEASES.—In the case of a tional security or defense, or the marine, Outer Continental Shelf Lands Act (43 U.S.C. lease issued under a sale held on or before coastal or human environments; 1340) is amended— March 17, 2010, the Secretary, with the con- ‘‘(B) the threat of harm or damage would (1) in subsection (c)— sent of the holder of the lease, may extend not disappear or decrease to an acceptable (A) in the fourth sentence of paragraph (1), the deadline applicable to the lease for such extent within a reasonable period of time; by striking ‘‘within thirty days of its sub- additional time as the Secretary determines and mission’’ and inserting ‘‘by the deadline de- is necessary to complete any environmental, ‘‘(C) the advantages of disapproving the ex- scribed in paragraph (5)’’; safety, or other reviews. ploration plan outweigh the advantages of (B) by striking paragraph (3) and inserting ‘‘(C) EFFECT ON TERM OF LEASE.—In the exploration. the following: case of any extension of the deadline for ap- ‘‘(2) COMPENSATION.—If an exploration plan ‘‘(3) MINIMUM REQUIREMENTS.— proval of an exploration plan under this Act, is disapproved under this subsection, the pro- ‘‘(A) IN GENERAL.—An exploration plan sub- the additional time taken by the Secretary visions of subparagraphs (B) and (C) of sec- mitted under this subsection shall include, shall not be assessed against the term of the tion 25(h)(2) shall apply to the lease and the in such degree of detail as the Secretary by associated lease.’’; plan or any modified plan, except that the regulation may require— (2) by redesignating subsections (e) reference in section 25(h)(2) to a development ‘‘(i) a complete description and schedule of through (h) as subsections (f) through (i), re- and production plan shall be considered to be the exploration activities to be undertaken; spectively; and a reference to an exploration plan.’’.

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(f) OUTER CONTINENTAL SHELF LEASING ‘‘(2) SCOPE OF RESEARCH.—The programs ergy and mineral resource exploration, de- PROGRAM.—Section 18 of the Outer Conti- under this subsection shall include— velopment, and production operations on the nental Shelf Lands Act (43 U.S.C. 1344) is ‘‘(A) the gathering of baseline data in areas outer Continental Shelf. amended— before energy or mineral resource develop- ‘‘(B) REQUIREMENTS.—The training stand- (1) in subsection (a)— ment activities occur; ards under this paragraph shall require that (A) in the second sentence, by inserting ‘‘(B) ecosystem research and monitoring employers of workers described in subpara- after ‘‘national energy needs’’ the following: studies to support integrated resource man- graph (A)— ‘‘and the need for the protection of the ma- agement decisions; and ‘‘(i) establish training programs approved rine and coastal environment and re- ‘‘(C) the improvement of scientific under- by the Secretary; and sources’’; standing of the fate, transport, and effects of ‘‘(ii) demonstrate that employees involved (B) in paragraph (1), by striking ‘‘con- discharges and spilled materials, including in the offshore operations meet standards siders’’ and inserting ‘‘gives equal consider- deep water hydrocarbon spills, in the marine that demonstrate the aptitude of the em- ation to’’; and environment. ployees in critical technical skills. (C) in paragraph (3), by striking ‘‘, to the ‘‘(3) USE OF DATA.—The Secretary shall en- ‘‘(C) EXPERIENCE.—The training standards maximum extent practicable,’’; sure that information from the studies car- under this section shall require that any off- (2) in subsection (b)— ried out under this section— shore worker with less than 5 years of ap- (A) in paragraph (3), by striking ‘‘and’’ at ‘‘(A) informs the management of energy plied experience in offshore facilities oper- the end; and mineral resources on the outer Conti- ations pass a certification requirement after (B) in paragraph (4), by striking the period nental Shelf including any areas under con- receiving the appropriate training. at the end and inserting ‘‘; and’’; and sideration for oil and gas leasing; and ‘‘(D) MONITORING TRAINING COURSES.—The (C) by adding at the end the following: ‘‘(B) contributes to a broader coordination Secretary shall ensure that Department em- ‘‘(5) provide technical review and oversight of energy and mineral resource development ployees responsible for inspecting offshore of the exploration plan and a systems review activities within the context of best avail- facilities monitor, observe, and report on of the safety of the well design and other able science. training courses established under this para- operational decisions; ‘‘(4) INDEPENDENCE.—The Secretary shall graph, including attending a representative ‘‘(6) conduct regular and thorough safety create a program within the appropriate bu- number of the training sessions, as deter- reviews and inspections, and; reau established under section 32 that shall— mined by the Secretary.’’; and ‘‘(7) enforce all applicable laws (including ‘‘(A) be programmatically separate and dis- (3) by adding at the end the following: ‘‘(g) TECHNOLOGY RESEARCH AND RISK AS- regulations).’’; tinct from the leasing program; SESSMENT PROGRAM.— (3) in the second sentence of subsection ‘‘(B) carry out the environmental studies ‘‘(1) IN GENERAL.—The Secretary shall (d)(2), by inserting ‘‘, the head of an inter- under this section; carry out a program of research, develop- ested Federal agency,’’ after ‘‘Attorney Gen- ‘‘(C) conduct additional environmental ment, and risk assessment to address tech- eral’’; studies relevant to the sound management of nology and development issues associated (4) in the first sentence of subsection (g), energy and mineral resources on the outer with outer Continental Shelf energy and by inserting before the period at the end the Continental Shelf; ‘‘(D) provide for external scientific review mineral resource activities, with the pri- following: ‘‘, including existing inventories of studies under this section, including mary purpose of informing the role of re- and mapping of marine resources previously through appropriate arrangements with the search, development, and risk assessment re- undertaken by the Department of the Inte- National Academy of Sciences; and lating to safety, environmental protection, rior and the National Oceanic and Atmos- ‘‘(E) subject to the restrictions of sub- and spill response. pheric Administration, information provided sections (g) and (h) of section 18, make avail- ‘‘(2) SPECIFIC AREAS OF FOCUS.—The pro- by the Department of Defense, and other able to the public studies conducted and data gram under this subsection shall include re- available data regarding energy or mineral gathered under this section.’’; and search, development, and other activities re- resource potential, navigation uses, fish- (3) in the first sentence of subsection (b)(1) lated to— eries, aquaculture uses, recreational uses, (as so redesignated), by inserting ‘‘every 3 ‘‘(A) risk assessment, using all available habitat, conservation, and military uses on years’’ after ‘‘shall conduct’’. data from safety and compliance records the outer Continental Shelf’’; and (h) SAFETY RESEARCH AND REGULATIONS.— both within the United States and inter- (5) by adding at the end the following: Section 21 of the Outer Continental Shelf nationally; ‘‘(i) RESEARCH AND DEVELOPMENT.— Lands Act (43 U.S.C. 1347) is amended— ‘‘(B) analysis of industry trends in tech- ‘‘(1) IN GENERAL.—The Secretary shall (1) in the first sentence of subsection (a), nology, investment, and interest in frontier carry out a program of research and develop- by striking ‘‘Upon the date of enactment of areas; ment to ensure the continued improvement this section,’’ and inserting ‘‘Not later than ‘‘(C) analysis of incidents investigated of methodologies for characterizing re- May 1, 2011, and every 3 years thereafter,’’; under section 22; sources of the outer Continental Shelf and (2) by striking subsection (b) and inserting ‘‘(D) reviews of best available commercial conditions that may affect the ability to de- the following: technologies, including technologies associ- velop and use those resources in a safe, ‘‘(b) BEST AVAILABLE TECHNOLOGIES AND ated with pipelines, blowout preventer mech- sound, and environmentally responsible PRACTICES.— anisms, casing, well design, and other associ- manner. ‘‘(1) IN GENERAL.—In exercising respective ated infrastructure related to offshore en- ‘‘(2) INCLUSIONS.—Research and develop- responsibilities under this Act, the Sec- ergy development; ment activities carried out under paragraph retary, and the Secretary of the Department ‘‘(E) oil spill response and mitigation; (1) may include activities to provide accu- in which the Coast Guard is operating, shall ‘‘(F) risks associated with human factors; rate estimates of energy and mineral re- require, on all new drilling and production and serves and potential on the outer Conti- operations and, to the maximum extent ‘‘(G) renewable energy operations. nental Shelf and any activities that may as- practicable, on existing operations, the use ‘‘(3) INFORMATION SHARING ACTIVITIES.— sist in filling gaps in environmental data of the best available and safest commercial ‘‘(A) DOMESTIC ACTIVITIES.—The Secretary needed to develop each leasing program technologies and practices, if the failure of shall carry out programs to facilitate the ex- under this section. equipment would have a significant effect on change and dissemination of scientific and ‘‘(3) LEASING ACTIVITIES.—Research and de- safety, health, or the environment. technical information and best practices re- velopment activities carried out under para- ‘‘(2) IDENTIFICATION OF BEST AVAILABLE lated to the management of safety and envi- graph (1) shall not be considered to be leas- TECHNOLOGIES.—Not later than May 1, 2011, ronmental issues associated with energy and ing or pre-leasing activities for purposes of the Secretary shall identify and publish a mineral resource exploration, development, this Act.’’. list, to be updated and maintained to reflect and production. (g) ENVIRONMENTAL STUDIES.—Section 20 of technological advances, of best available ‘‘(B) INTERNATIONAL COOPERATION.—The the Outer Continental Shelf Lands Act (43 commercial technologies for key areas of Secretary shall carry out programs to co- U.S.C. 1346) is amended— well design and operation, including blowout operate with international organizations and (1) by redesignating subsections (a) prevention and blowout and oil spill re- foreign governments to share information through (f) as subsections (b) through (g), re- sponse. and best practices related to the manage- spectively; ‘‘(3) SAFETY CASE.—Not later than May 1, ment of safety and environmental issues as- (2) by inserting before subsection (b) (as so 2011, the Secretary shall promulgate regula- sociated with energy and mineral resource redesignated) the following: tions requiring a safety case be submitted exploration, development, and production. ‘‘(a) COMPREHENSIVE AND INDEPENDENT along with each new application for a permit ‘‘(4) REPORTS.—The program under this STUDIES.— to drill on the outer Continental Shelf. subsection shall provide to the Secretary, ‘‘(1) IN GENERAL.—The Secretary shall de- ‘‘(4) EMPLOYEE TRAINING.— each Bureau Director under section 32, and velop and carry out programs for the collec- ‘‘(A) IN GENERAL.—Not later than May 1, the public quarterly reports that address— tion, evaluation, assembly, analysis, and dis- 2011, the Secretary shall promulgate regula- ‘‘(A) developments in each of the areas semination of environmental and other re- tions setting standards for training for all under paragraph (2); and source data that are relevant to carrying out workers on offshore facilities (including mo- ‘‘(B)(i) any accidents that have occurred in the purposes of this Act. bile offshore drilling units) conducting en- the past quarter; and

VerDate Mar 15 2010 04:10 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.043 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6211 ‘‘(ii) appropriate responses to the acci- the designated operator for facilities subject (B) by adding at the end the following: dents. to inspection under subsection (c). ‘‘The penalty amount specified in this sub- ‘‘(5) INDEPENDENCE.—The Secretary shall ‘‘(2) ESTABLISHMENT.—The Secretary shall section shall increase each year to reflect create a program within the appropriate bu- establish, by rule, inspection fees— any increases in the Consumer Price Index reau established under section 32 that shall— ‘‘(A) at an aggregate level equal to the for All Urban Consumers published by the ‘‘(A) be programmatically separate and dis- amount necessary to offset the annual ex- Bureau of Labor Statistics of the Depart- tinct from the leasing program; penses of inspections of outer Continental ment of Labor.’’; and ‘‘(B) carry out the studies, analyses, and Shelf facilities (including mobile offshore (3) in subsection (d), by inserting ‘‘, or with other activities under this subsection; drilling units) by the Department of the In- reckless disregard,’’ after ‘‘knowingly and ‘‘(C) provide for external scientific review terior; and willfully’’. of studies under this section, including ‘‘(B) using a schedule that reflects the dif- (k) OIL AND GAS DEVELOPMENT AND PRO- through appropriate arrangements with the ferences in complexity among the classes of DUCTION.—Section 25 of the Outer Conti- National Academy of Sciences; and facilities to be inspected. nental Shelf Lands Act (43 U.S.C. 1351) is ‘‘(D) make available to the public studies ‘‘(3) OCEAN ENERGY ENFORCEMENT FUND.— amended by striking ‘‘, other than the Gulf conducted and data gathered under this sec- There is established in the Treasury a fund, of Mexico,’’ each place it appears in sub- tion. to be known as the ‘Ocean Energy Enforce- sections (a)(1), (b), and (e)(1). ‘‘(6) USE OF DATA.—The Secretary shall en- ment Fund’ (referred to in this subsection as (l) CONFLICTS OF INTEREST.—Section 29 of sure that the information from the studies the ‘Fund’), into which shall be deposited the Outer Continental Shelf Lands Act (43 and research carried out under this section amounts collected under paragraph (1) and U.S.C. 1355) is amended to read as follows: inform the development of safety practices which shall be available as provided under ‘‘SEC. 29. CONFLICTS OF INTEREST. and regulations as required by this Act and paragraph (4). ‘‘(a) RESTRICTIONS ON EMPLOYMENT.—No other applicable laws.’’. ‘‘(4) AVAILABILITY OF FEES.—Notwith- full-time officer or employee of the Depart- (i) ENFORCEMENT.—Section 22 of the Outer standing section 3302 of title 31, United ment of the Interior who directly or indi- Continental Shelf Lands Act (43 U.S.C. 1348) States Code, all amounts collected by the rectly discharges duties or responsibilities is amended— Secretary under this section— under this Act shall— (1) in subsection (d)— ‘‘(A) shall be credited as offsetting collec- ‘‘(1) within 2 years after his employment (A) in paragraph (1)— tions; with the Department has ceased— (i) in the first sentence, by inserting ‘‘, ‘‘(B) shall be available for expenditure only ‘‘(A) knowingly act as agent or attorney each loss of well control, blowout, activation for purposes of carrying out inspections of for, or otherwise represent, any other person of the shear rams, and other accident that outer Continental Shelf facilities (including (except the United States) in any formal or presented a serious risk to human or envi- mobile offshore drilling units) and the ad- informal appearance before; ronmental safety,’’ after ‘‘fire’’; and ministration of the inspection program; ‘‘(B) with the intent to influence, make (ii) in the last sentence, by inserting ‘‘as a ‘‘(C) shall be available only to the extent any oral or written communication on behalf condition of the lease’’ before the period at provided for in advance in an appropriations of any other person (except the United the end; Act; and States) to; or (B) in the last sentence of paragraph (2), by ‘‘(D) shall remain available until expended. ‘‘(C) knowingly aid, advise, or assist in— inserting ‘‘as a condition of lease’’ before the ‘‘(5) ANNUAL REPORTS.— ‘‘(i) representing any other person (except period at the end; ‘‘(A) IN GENERAL.—Not later than 60 days the United States in any formal or informal (2) in subsection (e)— after the end of each fiscal year beginning appearance before; or (A) by striking ‘‘(e) The’’ and inserting the with fiscal year 2011, the Secretary shall sub- ‘‘(ii) making, with the intent to influence, following: mit to the Committee on Energy and Nat- any oral or written communication on behalf ‘‘(e) REVIEW OF ALLEGED SAFETY VIOLA- ural Resources of the Senate and the Com- of any other person (except the United TIONS.— mittee on Natural Resources of the House of States) to, ‘‘(1) IN GENERAL.—The’’; and Representatives a report on the operation of any department, agency, or court of the (B) by adding at the end the following: the Fund during the fiscal year. United States, or any officer or employee ‘‘(2) INVESTIGATION.—The Secretary shall ‘‘(B) CONTENTS.—Each report shall include, thereof, in connection with any judicial or investigate any allegation from any em- for the fiscal year covered by the report, the other proceeding, application, request for a ployee of the lessee or any subcontractor of following: ruling or other determination, regulation, the lessee made under paragraph (1).’’; and ‘‘(i) A statement of the amounts deposited order lease, permit, rulemaking, inspection, (3) by adding at the end of the section the into the Fund. enforcement action, or other particular mat- following: ‘‘(ii) A description of the expenditures ter involving a specific party or parties in ‘‘(g) INDEPENDENT INVESTIGATION.— made from the Fund for the fiscal year, in- which the United States is a party or has a ‘‘(1) IN GENERAL.—At the request of the cluding the purpose of the expenditures. direct and substantial interest which was ac- Secretary, the National Transportation Safe- ‘‘(iii) Recommendations for additional au- tually pending under his official responsi- ty Board may conduct an independent inves- thorities to fulfill the purpose of the Fund. bility as an officer or employee within a pe- tigation of any accident, occurring in the ‘‘(iv) A statement of the balance remaining riod of one year prior to the termination of outer Continental Shelf and involving activi- in the Fund at the end of the fiscal year.’’. such responsibility or in which he partici- ties under this Act, that does not otherwise (j) REMEDIES AND PENALTIES.—Section 24 of pated personally and substantially as an offi- fall within the definition of an accident or the Outer Continental Shelf Lands Act (43 cer or employee; major marine casualty, as those terms are U.S.C. 1350) is amended— ‘‘(2) within 1 year after his employment used in chapter 11 of title 49, United States (1) by striking subsection (b) and inserting with the Department has ceased— Code. the following: ‘‘(A) knowingly act as agent or attorney ‘‘(2) TRANSPORTATION ACCIDENT.—For pur- ‘‘(b) CIVIL PENALTY.— for, or otherwise represent, any other person poses of an investigation under this sub- ‘‘(1) IN GENERAL.—Subject to paragraphs (2) (except the United States) in any formal or section, the accident that is the subject of through (3), if any person fails to comply informal appearance before; the request by the Secretary shall be deter- with this Act, any term of a lease or permit ‘‘(B) with the intent to influence, make mined to be a transportation accident within issued under this Act, or any regulation or any oral or written communication on behalf the meaning of that term in chapter 11 of order issued under this Act, the person shall of any other person (except the United title 49, United States Code. be liable for a civil administrative penalty of States) to; or ‘‘(h) INFORMATION ON CAUSES AND CORREC- not more than $75,000 for each day of con- ‘‘(C) knowingly aid , advise, or assist in — TIVE ACTIONS.— tinuance of each failure. ‘‘(i) representing any other person (except ‘‘(1) IN GENERAL.—For each incident inves- ‘‘(2) ADMINISTRATION.—The Secretary may the United States in any formal or informal tigated under this section, the Secretary assess, collect, and compromise any penalty appearance before, or shall promptly make available to all lessees under paragraph (1). ‘‘(ii) making, with the intent to influence, and the public technical information about ‘‘(3) HEARING.—No penalty shall be assessed any oral or written communication on behalf the causes and corrective actions taken. under this subsection until the person of any other person (except the United ‘‘(2) PUBLIC DATABASE.—All data and re- charged with a violation has been given the States) to, ports related to an incident described in opportunity for a hearing. the Department of the Interior, or any offi- paragraph (1) shall be maintained in a data- ‘‘(4) ADJUSTMENT.—The penalty amount cer or employee thereof, in connection with base that is available to the public. specified in this subsection shall increase any judicial, rulemaking, regulation, order, ‘‘(i) INSPECTION FEE.— each year to reflect any increases in the Con- lease, permit, regulation, inspection, en- ‘‘(1) IN GENERAL.—To the extent necessary sumer Price Index for All Urban Consumers forcement action, or other particular matter to fund the inspections described in this published by the Bureau of Labor Statistics which is pending before the Department of paragraph, the Secretary shall collect a non- of the Department of Labor.’’; the Interior or in which the Department has refundable inspection fee, which shall be de- (2) in subsection (c)— a direct and substantial interest; or posited in the Ocean Energy Enforcement (A) in the first sentence, by striking ‘‘(3) accept employment or compensation, Fund established under paragraph (3), from ‘‘$100,000’’ and inserting ‘‘$10,000,000’’; and during the 1-year period beginning on the

VerDate Mar 15 2010 04:10 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.043 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6212 CONGRESSIONAL RECORD — SENATE July 22, 2010 date on which employment with the Depart- tion Administration, shall submit to the ration, development, and production of hy- ment has ceased, from any person (other Committee on Energy and Natural Resources drocarbon resources.’’; than the United States) that has a direct and of the Senate and the Committee on Energy (3) in subsection (c)(1)— substantial interest— and Commerce of the House of Representa- (A) by redesignating subparagraphs (D) and ‘‘(A) that was pending under the official re- tives a report regarding the results of the (E) as subparagraphs (E) and (F), respec- sponsibility of the employee as an officer or study conducted under subsection (a), includ- tively; and employee of the Department during the 1- ing— (B) by inserting after subparagraph (C) the year period preceding the termination of the (1) a survey of the effect of the moratoria following: responsibility; or on deepwater drilling on employment in the ‘‘(D) projects will be selected on a competi- ‘‘(B) in which the employee participated industries directly involved in oil and nat- tive, peer-reviewed basis.’’; and personally and substantially as an officer or ural gas exploration in the outer Continental (4) in subsection (d)— employee. Shelf; (A) in paragraph (6), by striking ‘‘ultra- ‘‘(b) PRIOR EMPLOYMENT RELATIONSHIPS.— (2) a survey of the effect of the moratoria deepwater’’ and inserting ‘‘deepwater’’; No full-time officer or employee of the De- on employment in the industries indirectly (B) in paragraph (7)— partment of the Interior who directly or in- involved in oil and natural gas exploration in (i) in subparagraph (A)— directly discharges duties or responsibilities the outer Continental Shelf, including sup- (I) in the subparagraph heading, by strik- under this Act shall participate personally pliers of supplies or services and customers ing ‘‘ULTRA-DEEPWATER’’ and inserting and substantially as a Federal officer or em- of industries directly involved in oil and nat- ‘‘DEEPWATER’’; ployee, through decision, approval, dis- ural gas exploration; (II) by striking ‘‘development and’’ and in- approval, recommendation, the rendering of (3) an estimate of the effect of the mora- serting ‘‘research, development, and’’; and advice, investigation, or otherwise, in a pro- toria on the revenues of small business lo- (III) by striking ‘‘as well as’’ and all that ceeding, application, request for a ruling or cated near the Gulf of Mexico and, to the follows through the period at the end and in- other determination, contract, claim, con- maximum extent practicable, throughout serting ‘‘aimed at improving operational troversy, charge, accusation, inspection, en- the United States; and safety of drilling activities, including well forcement action, or other particular matter (4) any recommendations to mitigate pos- integrity systems, well control, blowout pre- in which, to the knowledge of the officer or sible negative effects on small business con- vention, the use of non-toxic materials, and employee— cerns resulting from the moratoria. integrated systems approach-based manage- ment for exploration and production in deep- ‘‘(1) the officer or employee or the spouse, SEC. 107. REFORM OF OTHER LAW. water.’’; minor child, or general partner of the officer Section 388(b) of the Energy Policy Act of (ii) in subparagraph (B), by striking ‘‘and or employee has a financial interest; 2005 (43 U.S.C. 1337 note; Public Law 109–58) is environmental mitigation’’ and inserting ‘‘(2) any organization in which the officer amended by adding at the end the following: ‘‘use of non-toxic materials, drilling safety, or employee is serving as an officer, director, ‘‘(4) FEDERAL AGENCIES.—Any head of a and environmental mitigation and accident trustee, general partner, or employee has a Federal department or agency shall, on re- prevention’’; financial interest; quest of the Secretary, provide to the Sec- ‘‘(3) any person or organization with whom (iii) in subparagraph (C), by inserting retary all data and information that the Sec- ‘‘safety and accident prevention, well control the officer or employee is negotiating or has retary determines to be necessary for the any arrangement concerning prospective em- and systems integrity,’’ after ‘‘including’’; purpose of including the data and informa- and ployment has a financial interest; or tion in the mapping initiative, except that ‘‘(4) any person or organization in which (iv) by adding at the end the following: no Federal department or agency shall be re- ‘‘(D) SAFETY AND ACCIDENT PREVENTION the officer or employee has, within the pre- quired to provide any data or information ceding 1-year period, served as an officer, di- TECHNOLOGY RESEARCH AND DEVELOPMENT.— that is privileged or proprietary.’’. Awards from allocations under section rector, trustee, general partner, agent, attor- SEC. 108. SAFER OIL AND GAS PRODUCTION. ney, consultant, contractor, or employee has 999H(d)(4) shall be expended on areas includ- (a) PROGRAM AUTHORITY.—Section 999A of ing— a financial interest. the Energy Policy Act of 2005 (42 U.S.C. ‘‘(c) GIFTS FROM OUTSIDE SOURCES.—No ‘‘(i) development of improved cementing 16371) is amended— full-time officer or employee of the Depart- and casing technologies; (1) in subsection (a)— ment of the Interior who directly or indi- ‘‘(ii) best management practices for ce- (A) by striking ‘‘ultra-deepwater’’ and in- rectly discharges duties or responsibilities menting, casing, and other well control ac- serting ‘‘deepwater’’; and under this Act shall, directly or indirectly, tivities and technologies; (B) by inserting ‘‘well control and accident solicit or accept any gift in violation of sub- ‘‘(iii) development of integrity and stew- prevention,’’ after ‘‘safe operations,’’; part B of part 2635 of title V, Code of Federal ardship guidelines for— (2) in subsection (b)— ‘‘(I) well-plugging and abandonment; Regulations (or successor regulations). (A) by striking paragraph (1) and inserting ‘‘(II) development of wellbore sealant tech- ‘‘(d) EXEMPTIONS.—The Secretary may, by rule, exempt from this section clerical and the following: nologies; and support personnel who do not conduct in- ‘‘(1) Deepwater architecture, well control ‘‘(III) improvement and standardization of spections, perform audits, or otherwise exer- and accident prevention, and deepwater tech- blowout prevention devices.’’; and cise regulatory or policy making authority nology, including drilling to deep formations (C) by adding at the end the following: TUDY; REPORT.— under this Act. in waters greater than 500 feet.’’; and ‘‘(8) S TUDY ‘‘(e) PENALTIES.— (B) by striking paragraph (4) and inserting ‘‘(A) S .—As soon as practicable after the date of enactment of this paragraph, the ‘‘(1) CRIMINAL PENALTIES.—Any person who the following: violates paragraph (1) or (2) of subsection (a) ‘‘(4) Safety technology research and devel- Secretary shall enter into an arrangement or subsection (b) shall be punished in accord- opment for drilling activities aimed at well with the National Academy of Sciences ance with section 216 of title 18, United control and accident prevention performed under which the Academy shall conduct a States Code. by the Office of Fossil Energy of the Depart- study to determine— ‘‘(i) whether the benefits provided through ‘‘(2) CIVIL PENALTIES.—Any person who vio- ment.’’; and lates subsection (a)(3) or (c) shall be pun- (3) in subsection (d)— each award under this subsection during cal- ished in accordance with subsection (b) of (A) in the subsection heading, by striking endar year 2011 have been maximized; and section 216 of title 18, United States Code.’’. ‘‘NATIONAL ENERGY TECHNOLOGY LABORA- ‘‘(ii) the new areas of research that could TORY’’ and inserting ‘‘OFFICE OF FOSSIL EN- be carried out to meet the overall objectives SEC. 106. STUDY ON THE EFFECT OF THE MORA- TORIA ON NEW DEEPWATER DRILL- ERGY OF THE DEPARTMENT’’; and of the program. ING IN THE GULF OF MEXICO ON EM- (B) by striking ‘‘National Energy Tech- ‘‘(B) REPORT.—Not later than January 1, PLOYMENT AND SMALL BUSINESSES. nology Laboratory’’ and inserting ‘‘Office of 2012, the Secretary shall submit to the ap- (a) IN GENERAL.—The Secretary of Energy, Fossil Energy of the Department’’. propriate committees of Congress a report acting through the Energy Information Ad- (b) DEEPWATER AND UNCONVENTIONAL ON- that contains a description of the results of ministration, shall publish a monthly study SHORE NATURAL GAS AND OTHER PETROLEUM the study conducted under subparagraph (A). evaluating the effect of the moratoria which RESEARCH AND DEVELOPMENT PROGRAM.— ‘‘(C) OPTIONAL UPDATES.—The Secretary followed from the blowout and explosion of Section 999B of the Energy Policy Act of 2005 may update the report described in subpara- the mobile offshore drilling unit Deepwater (42 U.S.C. 16372) is amended— graph (B) for the 5-year period beginning on Horizon that occurred on April 20, 2010, and (1) in the section heading, by striking the date described in that subparagraph and resulting hydrocarbon releases into the envi- ‘‘ULTRA-DEEPWATER AND UNCONVEN- each 5-year period thereafter.’’; ronment, on employment and small busi- TIONAL ONSHORE NATURAL GAS AND (5) in subsection (e)— nesses. OTHER PETROLEUM’’ and inserting ‘‘SAFE (A) in paragraph (2)— (b) REPORT.—Not later than 60 days after OIL AND GAS PRODUCTION AND ACCI- (i) in the second sentence of subparagraph the date of enactment of this Act and at the DENT PREVENTION’’; (A), by inserting ‘‘to the Secretary for re- beginning of each month thereafter during (2) in subsection (a), by striking ‘‘, by in- view’’ after ‘‘submit’’; and the effective period of the moratoria de- creasing’’ and all that follows through the (ii) in the first sentence of subparagraph scribed in subsection (a), the Secretary of period at the end and inserting ‘‘and the safe (B), by striking ‘‘Ultra-Deepwater’’ and all Energy, acting through the Energy Informa- and environmentally responsible explo- that follows through ‘‘and such Advisory

VerDate Mar 15 2010 05:01 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.043 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6213 Committees’’ and inserting ‘‘Program Advi- pensation but shall be entitled to receive (1) to examine and report on the facts and sory Committee established under section travel expenses in accordance with sub- causes relating to the Deepwater Horizon ex- 999D(a), and the Advisory Committee’’; and chapter I of chapter 57 of title 5, United plosion and oil spill of 2010; (B) by adding at the end the following: States Code. (2) to ascertain, evaluate, and report on ‘‘(6) RESEARCH FINDINGS AND RECOMMENDA- ‘‘(f) PROHIBITION.—The Advisory Com- the evidence developed by all relevant gov- TIONS FOR IMPLEMENTATION.—The Secretary, mittee shall not make recommendations on ernmental agencies regarding the facts and in consultation with the Secretary of the In- funding awards to particular consortia or circumstances surrounding the incident; terior and the Administrator of the Environ- other entities, or for specific projects.’’. (3) to build upon the investigations of mental Protection Agency, shall publish in (e) DEFINITIONS.—Section 999G of the En- other entities, and avoid unnecessary dupli- the Federal Register an annual report on the ergy Policy Act of 2005 (42 U.S.C. 16377) is cation, by reviewing the findings, conclu- research findings of the program carried out amended— sions, and recommendations of— under this section and any recommendations (1) in paragraph (1), by striking ‘‘200 but (A) the Committees on Energy and Natural for implementation that the Secretary, in less than 1,500 meters’’ and inserting ‘‘500 Resources and Commerce, Science, and consultation with the Secretary of the Inte- feet’’; Transportation of the Senate; rior and the Administrator of the Environ- (2) by striking paragraphs (8), (9), and (10); (B) the Committee on Natural Resources mental Protection Agency, determines to be (3) by redesignating paragraphs (2) through and the Subcommittee on Oversight and In- (7) and (11) as paragraphs (4) through (9) and necessary.’’; vestigations of the House of Representatives; (10), respectively; (6) in subsection (i)— and (4) by inserting after paragraph (1) the fol- (A) in the subsection heading, by striking (C) other Executive branch, congressional, lowing: ‘‘UNITED STATES GEOLOGICAL SURVEY’’ and or independent commission investigations ‘‘(2) DEEPWATER ARCHITECTURE.—The term inserting ‘‘DEPARTMENT OF THE INTERIOR’’; into the Deepwater Horizon incident of 2010, ‘deepwater architecture’ means the integra- and other fatal oil platform accidents and major tion of technologies for the exploration for, (B) by striking ‘‘, through the United spills, and major oil spills generally; or production of, natural gas or other petro- States Geological Survey,’’; and (4) to make a full and complete accounting leum resources located at deepwater depths. (7) in the first sentence of subsection (j), by of the circumstances surrounding the inci- ‘‘(3) DEEPWATER TECHNOLOGY.—The term striking ‘‘National Energy Technology Lab- dent, and the extent of the preparedness of oratory’’ and inserting ‘‘Office of Fossil En- ‘deepwater technology’ means a discrete technology that is specially suited to address the United States for, and immediate re- ergy of the Department’’. sponse of the United States to, the incident; (c) ADDITIONAL REQUIREMENTS FOR 1 or more challenges associated with the ex- ploration for, or production of, natural gas and AWARDS.—Section 999C(b) of the Energy Pol- (5) to investigate and report to the Presi- icy Act of 2005 (42 U.S.C. 16373(b)) is amended or other petroleum resources located at deepwater depths.’’; and dent and Congress findings, conclusions, and by striking ‘‘an ultra-deepwater technology recommendations for corrective measures or an ultra-deepwater architecture’’ and in- (5) in paragraph (10) (as redesignated by paragraph (3)), by striking ‘‘in an economi- that may be taken to prevent similar inci- serting ‘‘a deepwater technology’’. dents. (d) PROGRAM ADVISORY COMMITTEE.—Sec- cally inaccessible geological formation, in- tion 999D of the Energy Policy Act of 2005 (42 cluding resources of small producers’’. (c) COMPOSITION OF COMMISSION.— U.S.C. 16374) is amended to read as follows: (f) FUNDING.—Section 999H of the Energy (1) MEMBERS.—The Commission shall be Policy Act of 2005 (42 U.S.C. 16378) is amend- ‘‘SEC. 999D. PROGRAM ADVISORY COMMITTEE. composed of 10 members, of whom— ed— (A) 1 member shall be appointed by the ‘‘(a) ESTABLISHMENT.—Not later than 270 (1) in the first sentence of subsection (a) by President, who shall serve as Chairperson of days after the date of enactment of the Oil striking ‘‘Ultra-Deepwater and Unconven- Spill Response Improvement Act of 2010, the the Commission; tional Natural Gas and Other Petroleum Re- (B) 1 member shall be appointed by the ma- Secretary shall establish an advisory com- search Fund’’ and inserting ‘‘Safe and Re- mittee to be known as the ‘Program Advi- jority or minority (as the case may be) lead- sponsible Energy Production Research er of the Senate from the Republican Party sory Committee’ (referred to in this section Fund’’; as the ‘Advisory Committee’). and the majority or minority (as the case (2) in subsection (d)— may be) leader of the House of Representa- ‘‘(b) MEMBERSHIP.— (A) in paragraph (1), by striking ‘‘35 per- ‘‘(1) IN GENERAL.—The Advisory Committee tives from the Republican Party, who shall cent’’ and inserting ‘‘21.5 percent’’; serve as Vice Chairperson of the Commis- shall be composed of members appointed by (B) in paragraph (2), by striking ‘‘32.5 per- the Secretary, including— sion; cent’’ and inserting ‘‘21 percent’’; (C) 2 members shall be appointed by the ‘‘(A) individuals with extensive research (C) in paragraph (4)— experience or operational knowledge of hy- senior member of the leadership of the Sen- (i) by striking ‘‘25 percent’’ and inserting ate from the Democratic Party; drocarbon exploration and production; ‘‘30 percent’’; ‘‘(B) individuals broadly representative of (D) 2 members shall be appointed by the (ii) by striking ‘‘complementary research’’ senior member of the leadership of the House the affected interests in hydrocarbon produc- and inserting ‘‘safety technology research tion, including interests in environmental of Representatives from the Republican and development’’; and Party; protection and safety operations; (iii) by striking ‘‘contract management,’’ ‘‘(C) representatives of Federal agencies, (E) 2 members shall be appointed by the and all that follows through the period at senior member of the leadership of the Sen- including the Environmental Protection the end and inserting ‘‘and contract manage- ate from the Republican Party; and Agency and the Department of the Interior; ment.’’; and (F) 2 members shall be appointed by the ‘‘(D) State regulatory agency representa- (D) by adding at the end the following: senior member of the leadership of the House tives; and ‘‘(5) 20 percent shall be used for research of Representatives from the Democratic ‘‘(E) other individuals, as determined by activities required under sections 20 and 21 of Party. the Secretary. the Outer Continental Shelf Lands Act (43 (2) QUALIFICATIONS; INITIAL MEETING.— ‘‘(2) LIMITATIONS.— U.S.C. 1346, 1347).’’. (A) POLITICAL PARTY AFFILIATION.—Not ‘‘(A) IN GENERAL.—The Advisory Com- (3) in subsection (f), by striking ‘‘Ultra- more than 5 members of the Commission mittee shall not include individuals who are Deepwater and Unconventional Natural Gas shall be from the same political party. board members, officers, or employees of the and Other Petroleum Research Fund’’ and (B) NONGOVERNMENTAL APPOINTEES.—An in- program consortium. inserting ‘‘Safer Oil and Gas Production and ‘‘(B) CATEGORICAL REPRESENTATION.—In ap- Accident Prevention Research Fund’’. dividual appointed to the Commission may pointing members of the Advisory Com- (g) CONFORMING AMENDMENT.—Subtitle J of not be a current officer or employee of the mittee, the Secretary shall ensure that no title IX of the Energy Policy Act of 2005 (42 Federal Government or any State or local class of individuals described in any of sub- U.S.C. 16371 et seq.) is amended in the sub- government. paragraphs (A), (B), (D), or (E) of paragraph title heading by striking ‘‘Ultra-Deepwater (C) OTHER QUALIFICATIONS.—It is the sense 1 (1) comprises more than ⁄3 of the member- and Unconventional Natural Gas and Other of Congress that individuals appointed to the ship of the Advisory Committee. Petroleum Resources’’ and inserting ‘‘Safer Commission should be prominent United ‘‘(c) SUBCOMMITTEES.—The Advisory Com- Oil and Gas Production and Accident Preven- States citizens, with national recognition mittee may establish subcommittees for sep- tion’’. and significant depth of experience and ex- arate research programs carried out under SEC. 109. NATIONAL COMMISSION ON OUTER pertise in such areas as— this subtitle. CONTINENTAL SHELF OIL SPILL (i) engineering; ‘‘(d) DUTIES.—The Advisory Committee PREVENTION. (ii) environmental compliance; shall— (a) ESTABLISHMENT.—There is established (iii) health and safety law (particularly oil ‘‘(1) advise the Secretary on the develop- in the Legislative branch the National Com- spill legislation); ment and implementation of programs under mission on Outer Continental Shelf Oil Spill (iv) oil spill insurance policies; this subtitle; and Prevention (referred to in this section as the (v) public administration; ‘‘(2) carry out section 999B(e)(2)(B). ‘‘Commission’’). (vi) oil and gas exploration and production; ‘‘(e) COMPENSATION.—A member of the Ad- (b) PURPOSES.—The purposes of the Com- (vii) environmental cleanup; and visory Committee shall serve without com- mission are— (viii) fisheries and wildlife management.

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(D) DEADLINE FOR APPOINTMENT.—All mem- (1) HEARINGS AND EVIDENCE.—The Commis- members of the Commission and the staff of bers of the Commission shall be appointed on sion or, on the authority of the Commission, the Commission in accordance with all appli- or before September 15, 2010. any subcommittee or member of the Com- cable laws (including regulations and Execu- (E) INITIAL MEETING.—The Commission mission, may, for the purpose of carrying out tive orders). shall meet and begin the operations of the this section— (5) ASSISTANCE FROM FEDERAL AGENCIES.— Commission as soon as practicable after the (A) hold such hearings, meet and act at (A) GENERAL SERVICES ADMINISTRATION.— date of enactment of this Act. such times and places, take such testimony, The Administrator of General Services shall (3) QUORUM; VACANCIES.— receive such evidence, and administer such provide to the Commission on a reimburs- (A) IN GENERAL.—After the initial meeting oaths; and able basis administrative support and other of the Commission, the Commission shall (B) require, by subpoena or otherwise, the services for the performance of the functions meet upon the call of the Chairperson or a attendance and testimony of such witnesses of the Commission. majority of the members of the Commission. and the production of such books, records, (B) OTHER DEPARTMENTS AND AGENCIES.—In (B) QUORUM.—6 members of the Commis- correspondence, memoranda, papers, docu- addition to the assistance prescribed in sub- sion shall constitute a quorum. ments, tapes, and materials; paragraph (A), departments and agencies of (C) VACANCIES.—Any vacancy in the Com- as the Commission or such subcommittee or the United States may provide to the Com- mission shall not affect the powers of the member considers to be advisable. mission such services, funds, facilities, staff, Commission, but shall be filled in the same (2) SUBPOENAS.— and other support services as are determined manner in which the original appointment (A) ISSUANCE.— to be advisable and authorized by law. was made. (i) IN GENERAL.—A subpoena may be issued (6) GIFTS.—The Commission may accept, under this paragraph only— (d) FUNCTIONS OF COMMISSION.— use, and dispose of gifts or donations of serv- (I) by the agreement of the Chairperson ices or property, including travel, for the di- (1) IN GENERAL.—The functions of the Com- and the Vice Chairperson; or mission are— rect advancement of the functions of the (II) by the affirmative vote of 6 members of (A) to conduct an investigation that— Commission. the Commission. (i) investigates relevant facts and cir- (7) POSTAL SERVICES.—The Commission (ii) SIGNATURE.—Subject to clause (i), a cumstances relating to the Deepwater Hori- may use the United States mails in the same subpoena issued under this paragraph— manner and under the same conditions as de- zon incident of April 20, 2010, and the associ- (I) shall bear the signature of the Chair- partments and agencies of the United States. ated oil spill thereafter, including any rel- person or any member designated by a ma- (f) PUBLIC MEETINGS AND HEARINGS.— evant legislation, Executive order, regula- jority of the Commission; (1) PUBLIC MEETINGS AND RELEASE OF PUBLIC tion, plan, policy, practice, or procedure; and (II) and may be served by any person or VERSIONS OF REPORTS.—The Commission (ii) may include relevant facts and cir- class of persons designated by the Chair- shall— cumstances relating to— person or by a member designated by a ma- (A) hold public hearings and meetings, to (I) permitting agencies; jority of the Commission for that purpose. the extent appropriate; and (II) environmental and worker safety law (B) ENFORCEMENT.— (B) release public versions of the reports enforcement agencies; (i) IN GENERAL.—In the case of contumacy required under paragraphs (1) and (2) of sub- (III) national energy requirements; or failure to obey a subpoena issued under section (j). (IV) deepwater and ultradeepwater oil and subparagraph (A), the United States district (2) PUBLIC HEARINGS.—Any public hearings gas exploration and development; court for the district in which the subpoe- of the Commission shall be conducted in a (V) regulatory specifications, testing, and naed person resides, is served, or may be manner consistent with the protection of requirements for offshore oil and gas well ex- found, or where the subpoena is returnable, proprietary or sensitive information pro- plosion prevention; may issue an order requiring the person to vided to or developed for or by the Commis- (VI) regulatory specifications, testing, and appear at any designated place to testify or sion as required by any applicable law (in- requirements offshore oil and gas well casing to produce documentary or other evidence. cluding a regulation or Executive order). and cementing regulation; (ii) JUDICIAL ACTION FOR NONCOMPLIANCE.— (g) STAFF OF COMMISSION.— (VII) the role of congressional oversight Any failure to obey the order of the court (1) IN GENERAL.— and resource allocation; and may be punished by the court as a contempt (A) APPOINTMENT AND COMPENSATION.— (VIII) other areas of the public and private of that court. (i) IN GENERAL.—The Chairperson, in con- sectors determined to be relevant to the (iii) ADDITIONAL ENFORCEMENT.—In the case sultation with the Vice Chairperson and in Deepwater Horizon incident by the Commis- of any failure of any witness to comply with accordance with rules agreed upon by the sion; any subpoena or to testify when summoned Commission, may, without regard to the (B) to identify, review, and evaluate the under authority of this subsection, the Com- civil service laws (including regulations), ap- lessons learned from the Deepwater Horizon mission may, by majority vote, certify a point and fix the compensation of a staff di- incident of April 20, 2010, regarding the statement of fact constituting such failure rector and such other personnel as are nec- structure, coordination, management poli- to the appropriate United States attorney, essary to enable the Commission to carry cies, and procedures of the Federal Govern- who may bring the matter before the grand out the functions of the Commission. ment, and, if appropriate, State and local jury for action, under the same statutory au- (ii) MAXIMUM RATE OF PAY.—No rate of pay governments and nongovernmental entities, thority and procedures as if the United fixed under this subparagraph may exceed and the private sector, relative to detecting, States attorney had received a certification the equivalent of that payable for a position preventing, and responding to those inci- under sections 102 through 104 of the Revised at level V of the Executive Schedule under dents; and Statutes (2 U.S.C. 192 through 194). section 5316 of title 5, United States Code. (C) to submit to the President and Con- (3) CONTRACTING.—The Commission may, to (B) PERSONNEL AS FEDERAL EMPLOYEES.— gress such reports as are required under this such extent and in such amounts as are pro- (i) IN GENERAL.—The staff director and any section containing such findings, conclu- vided in appropriation Acts, enter into con- personnel of the Commission who are em- sions, and recommendations as the Commis- tracts to enable the Commission to discharge ployees shall be considered to be employees sion determines to be appropriate, including the duties of the Commission under this sec- under section 2105 of title 5, United States proposals for organization, coordination, tion. Code, for purposes of chapters 63, 81, 83, 84, planning, management arrangements, proce- (4) INFORMATION FROM FEDERAL AGENCIES.— 85, 87, 89, and 90 of that title. dures, rules, and regulations. (A) IN GENERAL.—The Commission may se- (ii) MEMBERS OF COMMISSION.—Clause (i) (2) RELATIONSHIP TO INQUIRY BY CONGRES- cure directly from any Executive depart- shall not apply to members of the Commis- SIONAL COMMITTEES.—In investigating facts ment, bureau, agency, board, commission, of- sion. and circumstances relating to energy policy, fice, independent establishment, or instru- (2) DETAILEES.— the Commission shall— mentality of the Federal Government, infor- (A) IN GENERAL.—An employee of the Fed- (A) first review the information compiled mation, suggestions, estimates, and statis- eral Government may be detailed to the by, and any findings, conclusions, and rec- tics for the purposes of this section. Commission without reimbursement. ommendations of, the committees identified (B) COOPERATION.—Each Federal depart- (B) CIVIL SERVICE STATUS.—The detail of in subparagraphs (A) and (B) of subsection ment, bureau, agency, board, commission, of- the employee shall be without interruption (b)(3); and fice, independent establishment, or instru- or loss of civil service status or privilege. (B) after completion of that review, pursue mentality shall, to the extent authorized by (3) PROCUREMENT OF TEMPORARY AND INTER- any appropriate area of inquiry, if the Com- law, furnish information, suggestions, esti- MITTENT SERVICES.—The Chairperson of the mission determines that— mates, and statistics directly to the Com- Commission may procure temporary and (i) those committees have not investigated mission, upon request made by the Chair- intermittent services in accordance with sec- that area; person, the Chairperson of any subcommittee tion 3109(b) of title 5, United States Code, at (ii) the investigation of that area by those created by a majority of the Commission, or rates for individuals that do not exceed the committees has not been completed; or any member designated by a majority of the daily equivalent of the annual rate of basic (iii) new information not reviewed by the Commission. pay prescribed for level V of the Executive committees has become available with re- (C) RECEIPT, HANDLING, STORAGE, AND DIS- Schedule under section 5316 of that title. spect to that area. SEMINATION.—Information shall be received, (h) COMPENSATION AND TRAVEL EXPENSES.— (e) POWERS OF COMMISSION.— handled, stored, and disseminated only by (1) COMPENSATION OF MEMBERS.—

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(A) NON-FEDERAL EMPLOYEES.—A member (A) $10,000,000 for the first fiscal year in delegations, results and findings of inves- of the Commission who is not an officer or which the Commission convenes; and tigations, or any other actions issued, made, employee of the Federal Government shall (B) $3,000,000 for each fiscal year thereafter or taken by, or pursuant to or under, the au- be compensated at a rate equal to the daily in which the Commission convenes. thority of any law (including regulations) equivalent of the annual rate of basic pay (2) AVAILABILITY.—Amounts made avail- that resulted in the assignment of functions prescribed for level IV of the Executive able to carry out this section shall be avail- or activities to the Secretary, the Director Schedule under section 5315 of title 5, United able— of the Minerals Management Service (includ- States Code, for each day (including travel (A) for transfer to the Commission for use ing by delegation from the Secretary), or the time) during which the member is engaged in in carrying out the functions and activities Department (as related to the implementa- the performance of the duties of the Com- of the Commission under this section; and tion of the purposes referenced in this title) mission. (B) until the date on which the Commis- that were in effect on the date of enactment (B) FEDERAL EMPLOYEES.—A member of the sion adjourns for the fiscal year under sub- of this Act shall continue in full force and ef- Commission who is an officer or employee of section (j)(3). fect after the date of enactment of this Act the Federal Government shall serve without (l) NONAPPLICABILITY OF FEDERAL ADVISORY unless previously scheduled to expire or compensation in addition to the compensa- COMMITTEE ACT.—The Federal Advisory until otherwise modified or rescinded by this tion received for the services of the member Committee Act (5 U.S.C. App.) shall not title or any other Act. as an officer or employee of the Federal Gov- apply to the Commission. (b) EFFECT ON OTHER AUTHORITIES.—This ernment. (m) CONFLICTS OF INTEREST FOR CERTAIN title does not amend or alter the provisions (2) TRAVEL EXPENSES.—A member of the COMMISSION MEMBERS.—Notwithstanding any of other applicable laws, unless otherwise Commission shall be allowed travel expenses, other provision of law, any member of a fed- noted. including per diem in lieu of subsistence, at erally sponsored presidential commission SEC. 112. BUDGETARY EFFECTS. rates authorized for an employee of an agen- that is a senior official in an organization The budgetary effects of this Act, for the cy under subchapter I of chapter 57 of title 5, that is engaged in legal action that is mate- purpose of complying with the Statutory United States Code, while away from the rially relevant to the work of the Commis- Pay-As-You-Go Act of 2010, shall be deter- home or regular place of business of the sion shall be excluded from making rec- mined by reference to the latest statement member in the performance of the duties of ommendations to the President. titled ‘‘Budgetary Effects of PAYGO Legisla- the Commission. SEC. 110. CLASSIFICATION OF OFFSHORE SYS- ECURITY LEARANCES FOR OMMISSION tion’’ for this Act, submitted for printing in (i) S C C TEMS. MEMBERS AND STAFF.— the Congressional Record by the Chairman of (a) REGULATIONS.— (1) IN GENERAL.—Subject to paragraph (2), the Senate Budget Committee, provided that (1) IN GENERAL.—Not later than 2 years the appropriate Federal agencies or depart- such statement has been submitted prior to after the date of enactment of this Act, the ments shall cooperate with the Commission the vote on passage. Secretary and the Secretary of the Depart- in expeditiously providing to the members TITLE II—OIL SPILL COMPENSATION ment in which the Coast Guard is operating and staff of the Commission appropriate se- Subtitle A—Oil Spill Liability curity clearances, to the maximum extent shall jointly issue regulations requiring sys- PART I—OIL POLLUTION ACT OF 1990 practicable, pursuant to existing procedures tems (including existing systems) used in the and requirements. offshore exploration, development, and pro- SEC. 201. LIABILITY LIMITS. duction of oil and gas in the outer Conti- (2) PROPRIETARY INFORMATION.—No person (a) PRESIDENTIAL ESTABLISHMENT OF LIM- shall be provided with access to proprietary nental Shelf to be constructed, maintained, ITS.—Section 1004 of the Oil Pollution Act of information under this section without the and operated so as to meet classification, 1990 (33 U.S.C. 2704) is amended by adding at appropriate security clearances. certification, rating, and inspection stand- the end the following: (j) REPORTS OF COMMISSION; ADJOURN- ards that are necessary— ‘‘(e) LIMITS FOR STRICT LIABILITY.— MENT.— (A) to protect the health and safety of af- ‘‘(1) IN GENERAL.—For the purpose of sub- (1) INTERIM REPORTS.—The Commission filiated workers; and section (a)(3), after a 60-day period of public may submit to the President and Congress (B) to prevent environmental degradation. notice and comment beginning on the date of interim reports containing such findings, (2) THIRD-PARTY VERIFICATION.—The stand- enactment of this subsection, and from time conclusions, and recommendations for cor- ards established by regulation under para- to time thereafter, the President shall estab- rective measures as have been agreed to by a graph (1) shall be verified through certifi- lish a set of limits for strict liability for majority of members of the Commission. cation and classification by independent damages for incidents occurring from off- (2) FINAL REPORT.—Not later than 180 days third parties that— shore facilities (other than deepwater ports) after the date of the enactment of this Act, (A) have been preapproved by both the Sec- covered by Outer Continental Shelf leases the Commission shall submit to the Presi- retary and the Secretary of the Department issued after the date of enactment of the Oil dent and Congress a final report containing in which the Coast Guard is operating; and Spill Response Improvement Act of 2010. such findings, conclusions, and recommenda- (B) have no financial conflict of interest in ‘‘(2) REQUIREMENTS.—The limits for strict tions for corrective measures as have been conducting the duties of the third parties. liability established under paragraph (1) agreed to by a majority of members of the (3) MINIMUM SYSTEMS COVERED.—At a min- shall— Commission. imum, the regulations issued under para- ‘‘(A) take into account the availability of (3) TEMPORARY ADJOURNMENT.— graph (1) shall require the certification and insurance products for offshore facilities; (A) IN GENERAL.—The Commission, and all classification by an independent third party and the authority provided under this section, who meets the requirements of paragraph (2) ‘‘(B) be otherwise based equally on and cat- shall adjourn and be suspended, respectively, of— egorized by— on the date that is 60 days after the date on (A) mobile offshore drilling units; ‘‘(i) the water depth of the lease; which the final report is submitted under (B) fixed and floating drilling or produc- ‘‘(ii) the minimum projected well depth of paragraph (2). tion facilities; the lease; (B) ADMINISTRATIVE ACTIVITIES BEFORE TER- (C) drilling systems, including risers and ‘‘(iii) the proximity of the lease to oil and MINATION.—The Commission may use the 60- blowout preventers; and gas emergency response equipment and in- day period referred to in subparagraph (A) (D) any other equipment dedicated to the frastructure; for the purpose of concluding activities of safety systems relating to offshore extrac- ‘‘(iv) the likelihood of the offshore facility the Commission, including— tion and production of oil and gas. covered by the lease to encounter broken sea (i) providing testimony to committees of (4) EXCEPTIONS.—The Secretary and the ice; Congress concerning reports of the Commis- Secretary of the Department in which the ‘‘(v) the record and historical number of sion; and Coast Guard is operating may waive the regulatory violations of the leaseholder (ii) disseminating the final report sub- standards established by regulation under under the Outer Continental Shelf Lands Act mitted under paragraph (2). paragraph (1) for an existing system only if— (43 U.S.C. 1331 et seq.) or the Federal Water (C) RECONVENING OF COMMISSION.—The (A) the system is of an age or type where Pollution Control Act (33 U.S.C. 1251 et seq.) Commission shall stand adjourned until such meeting such requirements is impractical; (or the absence of such a record or viola- time as the President or the Secretary of and tions); Homeland Security declares an oil spill of (B) the system poses an acceptably low ‘‘(vi) the estimated hydrocarbon reserves national significance to have occurred, at level of risk to the environment and to of the lease; which time— human safety. ‘‘(vii) the estimated well pressure, ex- (i) the Commission shall reconvene in ac- (b) AUTHORITY OF COAST GUARD.—Nothing pressed in pounds per square inch, of the res- cordance with subsection (c)(3); and in this section preempts or interferes with ervoir associated with the lease; (ii) the authority of the Commission under the authority of the Coast Guard. ‘‘(viii) the availability and projected avail- this section shall be of full force and effect. SEC. 111. SAVINGS PROVISIONS. ability, including through borrowing author- (k) FUNDING.— (a) EXISTING LAW.—All regulations, rules, ity, of funds in the Oil Spill Liability Trust (1) AUTHORIZATION OF APPROPRIATIONS.— standards, determinations, contracts and Fund established by section 9509 of the Inter- There are authorized to be appropriated to agreements, memoranda of understanding, nal Revenue Code of 1986; carry out this section— certifications, authorizations, appointments, ‘‘(ix) other available remedies under law;

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‘‘(x) the estimated economic value of non- substantial threats from the discharge of ‘‘(3) PLAN.—The term ‘plan’ means the Fed- energy coastal resources that may be im- oil.’’. eral oil spill research plan developed under pacted by a spill of national significance in- PART II—OIL SPILL LIABILITY TRUST section 7005. volving the offshore facility covered by the FUND ‘‘(4) PROGRAM.—The term ‘program’ means lease; SEC. 211. RATE OF TAX FOR OIL SPILL LIABILITY the Federal oil spill research program estab- ‘‘(xi) whether the offshore facility covered TRUST FUND. lished under section 7003.’’; by the lease employs a subsea or surface (a) IN GENERAL.—Section 4611 of the Inter- (2) by redesignating section 7002 (33 U.S.C. blowout preventer stack; and nal Revenue Code of 1986 (relating to the im- 2762) as section 7009; ‘‘(xii) the availability of industry pay- position of tax) is amended— (3) in section 7001 (33 U.S.C. 2761), by strik- ments under subsection (f). (1) in subsection (c), by adding at the end ing subsections (b) through (e) and inserting ‘‘(3) PUBLIC LIABILITY INSURANCE.—In no the following new paragraph: the following: case shall the strict liability limits under ‘‘(3) ADJUSTMENTS TO TEMPORARY SUSPEN- ‘‘(b) REGIONAL SUBCOMMITTEES.— this subsection for the applicable offshore fa- SION OF OIL SPILL LIABILITY TRUST FUND FI- ‘‘(1) IN GENERAL.—The Committee shall es- cility be less than the maximum amount of NANCING RATE.—In the case of any calendar tablish— public liability insurance that is broadly quarter in which the Secretary estimates ‘‘(A) a regional subcommittee for each of available for related offshore environmental that, as of the close of the previous quarter, the Gulf of Mexico and Arctic regions of the incidents. the unobligated balance in the Oil Spill Li- United States; and ‘‘(f) LIABILITY OF INDUSTRY.— ability Trust Fund is greater than ‘‘(B) such other regional subcommittees as ‘‘(1) IN GENERAL.—If an incident on the $10,000,000,000, the Oil Spill Liability Trust the Committee determines to be necessary. Outer Continental Shelf results in economic Fund financing shall be 0 cents a barrel.’’; ‘‘(2) COORDINATION.—In accordance with the damages claims exceeding the maximum and program, each regional subcommittee estab- amount for strict liability for economic (2) by striking subsection (f). lished under this subsection shall coordinate damages to be paid by the responsible party (b) EFFECTIVE DATE.—The amendments with the Committee and other relevant under subsection (a)(3), the claims in excess made by this section shall apply on and after State, national, and international bodies of the maximum amount for strict liability the first day of the first calendar quarter with expertise in the region to research and for economic damages under subsection (a)(3) after the date of enactment of this Act. develop technologies for use in the preven- shall be paid initially, in an amount not to (c) NEW REVENUES TO THE OIL SPILL LIABIL- tion, detection, recovery, mitigation, and exceed a total of $20,000,000,000, by all other ITY TRUST FUND.—Notwithstanding section evaluation of effects of incidents in the re- entities operating offshore facilities on the 3302 of title 31, United States Code, the rev- gional environment.’’; and Outer Continental Shelf on the date of the enue resulting from any increase in the Oil (4) by inserting after section 7001 (33 U.S.C. incident, as determined by the Secretary of Spill Liability Trust Fund financing rate 2761) the following: the Interior, in accordance with paragraph under this section or the amendments made ‘‘SEC. 7002. FUNCTIONS OF THE COMMITTEE. (2). by this section shall— ‘‘The Committee shall— ‘‘(2) PROPORTIONAL PAYMENT.—The amount (1) be credited only as offsetting collec- ‘‘(1) coordinate a comprehensive Federal of liability claims to be paid under para- tions for the Oil Spill Liability Trust Fund; oil spill research and development program graph (1) by an entity described in that para- (2) be available for expenditure only for in accordance with section 7003 to coordinate graph shall be determined by the Secretary purposes of the Oil Spill Liability Trust oil pollution research, technology develop- of the Interior based on the proportion Fund; and ment, and demonstration among the Federal that— (3) remain available until expended. agencies, in cooperation and coordination ‘‘(A) the number of offshore facilities oper- SEC. 212. LIMITATIONS ON EXPENDITURES AND with industry, institutions of higher edu- ated by the entity on the Outer Continental BORROWING AUTHORITY. cation, research institutions, State and trib- Shelf; bears to (a) LIMITATIONS ON EXPENDITURES.—Sec- al governments, and other relevant stake- ‘‘(B) the total number of offshore facilities tion 9509(c) of the Internal Revenue Code of holders; operated by all entities on the Outer Conti- 1986 (relating to expenditures from the Oil ‘‘(2) conduct a research assessment on the nental Shelf. Spill Liability Trust Fund) is amended— status of the oil spill prevention and re- ‘‘(3) OIL SPILL LIABILITY TRUST FUND.—Eco- (1) by striking paragraph (2); sponse capabilities in accordance with sec- nomic damages that exceed the amounts (2) by striking ‘‘EXPENDITURES’’ in the sub- tion 7004; and available under subsection (a)(3) and para- section heading and all that follows through ‘‘(3) develop a Federal oil spill research graph (1) shall be paid from the Oil Spill Li- ‘‘Amounts in’’ in paragraph (1) and inserting plan in accordance with section 7005. XPENDITURES ability Trust Fund and amounts made avail- ‘‘E .—Amounts in’’; and ‘‘SEC. 7003. FEDERAL OIL SPILL RESEARCH PRO- able to the Fund under part II of the Oil (3) by redesignating subparagraphs (A) GRAM. Spill Response Improvement Act of 2010.’’. through (F) as paragraphs (1) through (6), re- ‘‘(a) IN GENERAL.—The Committee shall es- (b) CONFORMING AMENDMENTS.— spectively, and indenting appropriately. tablish a program for conducting oil pollu- UTHORITY TO BORROW.—Section 9509(d) (1) LIMIT FOR OFFSHORE FACILITIES.—Sec- (b) A tion research, development, and demonstra- of the Internal Revenue Code of 1986 (relat- tion 1004(a) of the Oil Pollution Act of 1990 tion. ing to authority to borrow from the Oil Spill (33 U.S.C. 2704(a)) is amended— ‘‘(b) PROGRAM ELEMENTS.—The program es- (A) in paragraph (2), by striking ‘‘,,’’ and Liability Trust Fund) is amended— tablished under subsection (a) shall provide inserting a comma; and (1) in paragraph (2), by striking for research, development, and demonstra- (B) by striking paragraph (3) and inserting ‘‘$1,000,000,000’’ and inserting tion technologies, practices, and procedures the following: ‘‘$10,000,000,000’’; and that provide for effective and direct response ‘‘(3) for an offshore facility (except a deep- (2) in paragraph (3)— to prevent, detect, recover, or mitigate oil water port) covered by an Outer Continental (A) by striking subparagraph (B); and discharges, including— Shelf lease— (B) by redesignating subparagraph (C) as ‘‘(1) new technologies to detect accidental ‘‘(A) if the lease was issued prior to the subparagraph (B). or intentional overboard oil discharges; date of enactment of the Oil Spill Response Subtitle B—Federal Oil Spill Research ‘‘(2) models and monitoring capabilities to Improvement Act of 2010, the total of all re- SEC. 221. DEFINITIONS. predict the transport and fate of oil, includ- moval costs plus $75,000,000; and In this subtitle: ing trajectory and behavior predictions due ‘‘(B) if the lease was issued on or after the (1) COMMANDANT.—The term ‘‘Com- to location, weather patterns, hydrographic date of enactment of the Oil Spill Response mandant’’ means the Commandant of the data, and water conditions, including Arctic Improvement Act of 2010, the total of all re- Coast Guard. sea ice environments; moval costs plus the limit for strict liability (2) PROGRAM.—The term ‘‘program’’ means ‘‘(3) containment and well-control capabili- for damages for that offshore facility estab- the program for oil spill response established ties, including drilling of relief wells, con- lished by the President under subsection (e); pursuant to section 230. tainment structures, and injection tech- and’’. SEC. 222. FEDERAL OIL SPILL RESEARCH. nologies; (2) EXCEPTIONS.—Section 6002(b) of the Oil (a) IN GENERAL.—Title VII of the Oil Pollu- ‘‘(4) response capabilities, such as im- Pollution Act of 1990 (33 U.S.C. 2752(b)) is tion Act of 1990 is amended— proved dispersants, biological treatment amended in the first sentence by inserting (1) by inserting before section 7001 (33 methods, booms, oil skimmers, containment ‘‘1004(f),’’ after ‘‘sections’’. U.S.C. 2761) the following: vessels, and offshore and onshore storage ca- SEC. 202. ADVANCE PAYMENT. ‘‘SEC. 7000. DEFINITIONS. pacity; Section 1012 of the Oil Pollution Act of 1990 ‘‘In this title: ‘‘(5) research and training, in coordination (33 U.S.C. 2712) is amended by adding at the ‘‘(1) ASSESSMENT.—The term ‘assessment’ with the National Response Team, to im- end the following: means the research assessment on the status prove the removal of oil discharge quickly ‘‘(l) ADVANCE PAYMENTS.—The President of the oil spill prevention and response capa- and effectively; shall promulgate regulations that allow ad- bilities conducted under section 7004. ‘‘(6) decision support systems for contin- vance payments to be made from the Fund to ‘‘(2) COMMITTEE.—The term ‘Committee’ gency planning and response; States and political subdivisions of States means the Interagency Committee estab- ‘‘(7) improvement of options for oily or for actions taken to prepare for and mitigate lished under section 7001. oiled waste dispersal;

VerDate Mar 15 2010 04:10 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.044 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6217 ‘‘(8) technologies, methods, and standards provide for effective and direct response to which is in the region, for which the project for use in protecting personnel and for volun- oil spills; covered by the grant application is proposed teers that may participate in incident re- ‘‘(4) make recommendations to improve to be carried out as part of the regional re- sponses, including— the quality of real-time data available to search program. ‘‘(A) training; mariners, researchers, and responders; and ‘‘(C) GROUP APPLICATIONS.—With respect to ‘‘(B) adequate supervision; ‘‘(5) be subject to a 90-day public comment an application described in subparagraph (A) ‘‘(C) protective equipment; period and address suggestions received and from a group of institutions referred to in ‘‘(D) maximum exposure limits; and incorporate public input received, as appro- that subparagraph, the 1 or more entities ‘‘(E) decontamination procedures; and priate. that will carry out the substantial portion of ‘‘(9) technologies and methods to prevent, ‘‘SEC. 7006. EXTRAMURAL GRANTS. the proposed project covered by the grant detect, recover, and mitigate oil discharges ‘‘(a) IN GENERAL.—In carrying out the pro- shall be located in the region, or in a State in polar environments. gram, the Committee shall— a part of which is in the region, for which the ‘‘(c) STUDY OF ENVIRONMENTAL EFFECTS OF ‘‘(1) award competitive grants to institu- project is proposed as part of the regional re- RESPONSE TECHNIQUES.—Notwithstanding tions of higher education or other research search program. any other provision of law, the Coast Guard institutions to carry out projects— ‘‘(5) RECOMMENDATIONS.— shall conduct reasonable environmental ‘‘(A) to advance research and development; ‘‘(A) IN GENERAL.—The Committee shall studies of oil discharge prevention or mitiga- and make recommendations on grants in such a tion technologies, including the use of small ‘‘(B) to demonstrate technologies for pre- manner as to ensure an appropriate balance quantities of oil for testing of in situ burn- venting, detecting, or mitigating oil dis- within a region among the various aspects of ing, chemical dispersants, and herding charges that are relevant to the goals and oil pollution research, including— agents, upon and within navigable waters of priorities of the plan; and ‘‘(i) prevention; the United States, if the Coast Guard, in ‘‘(2) incorporate a competitive, merit-based ‘‘(ii) removal; consultation with the Committee, deter- process for awarding grants that may be con- ‘‘(iii) mitigation; and mines that the information to be obtained ducted jointly with other participating agen- ‘‘(iv) the effects of discharged oil on re- cannot be adequately obtained through a cies. gional environments. laboratory or simulated experiment. ‘‘(b) REGIONAL RESEARCH PROGRAM.— ‘‘(B) ADDITIONAL CRITERIA.—In addition to ‘‘SEC. 7004. FEDERAL RESEARCH ASSESSMENT. ‘‘(1) DEFINITION OF REGION.—In this sub- the requirements described in subparagraph ‘‘Not later than 1 year after the date of en- section, the term ‘region’ means a Coast (A), the Committee shall make recommenda- actment of Oil Spill Response Improvement Guard district as described in part 3 of sub- tions for the approval of grants based on Act of 2010, the Committee shall submit to chapter A of chapter I of title 33, Code of whether— Congress an assessment of the status of oil Federal Regulations (1989). ‘‘(i) there are available to the applicant for spill prevention and response capabilities ‘‘(2) PROGRAM.—Consistent with the pro- use in carrying out this paragraph dem- that— gram, the Committee shall coordinate the onstrated research resources; ‘‘(1) identifies research programs con- provision of competitive grants to institu- ‘‘(ii) the applicant demonstrates the capa- ducted and technologies developed by gov- tions of higher education or other research bility of making a significant contribution ernments, institutions of higher education, institutions (or groups of those institutions) to regional research needs; and and industry; for the purpose of conducting a coordinated ‘‘(iii) the projects that the applicant pro- ‘‘(2) assesses the status of knowledge on oil research program relating to the aspects of poses to carry out under the grant— pollution prevention, response, and mitiga- oil pollution with respect to each region, in- ‘‘(I) are consistent with the plan under sec- tion technologies; cluding research on such matters as— tion 7005; and ‘‘(3) identifies regional oil pollution re- ‘‘(A) prevention; ‘‘(II) would further the objectives of the search needs and priorities for a coordinated ‘‘(B) removal mitigation; and program established under section 7003. program of research at the regional level de- ‘‘(C) the effects of discharged oil on re- ‘‘(6) TERM OF GRANTS; REVIEW; COST-SHAR- veloped in consultation with State, local, gional environments. ING.—A grant provided under this subsection and tribal governments; ‘‘(3) PUBLICATION.— shall— ‘‘(4) assesses the status of spill response ‘‘(A) IN GENERAL.—The Committee shall co- ‘‘(A) be for a period of up to 3 years; equipment and determines areas in need of ordinate the publication by the agencies rep- ‘‘(B) be subject to annual review by the improvement, including quantity, age, qual- resented on the Committee of a solicitation granting agency; and ity, effectiveness, or necessary technological for grants under this subsection. ‘‘(C) provide not more than 80 percent of improvements; ‘‘(B) FORM AND CONTENT.—The application the costs of the research activities carried ‘‘(5) assesses the status of real-time data for a grant under this subsection shall be in out in connection with the grant. available to mariners, researchers, and re- such form and contain such information as ‘‘(7) PROHIBITION ON USE OF GRANT FUNDS.— sponders, including weather, hydrographic, shall be required in the published solicita- No funds made available to carry out this and water condition data, and the impact of tion. subsection may be used for— incomplete and inaccessible data on pre- ‘‘(C) REVIEW OF APPLICATIONS.—Each appli- ‘‘(A) the acquisition of real property (in- venting, detecting, or mitigating oil dis- cation for a grant under this subsection shall cluding buildings); or charges; and be— ‘‘(B) the construction of any building. ‘‘(6) is subject to a 90-day public comment ‘‘(i) reviewed by the Committee; and ‘‘(8) EFFECT ON OTHER AUTHORITY.—Nothing period and addresses suggestions received ‘‘(ii) at the option of the Committee, in- in this paragraph alters or abridges the au- and incorporates public input received, as cluded among applications recommended by thority under existing law of any Federal appropriate. the Committee for approval in accordance agency to provide grants, or enter into con- ‘‘SEC. 7005. FEDERAL INTERAGENCY RESEARCH with paragraph (5). tracts or cooperative agreements, using PLAN. ‘‘(D) PROVISION OF GRANTS.— funds other than those authorized in this Act ‘‘(a) IN GENERAL.— ‘‘(i) IN GENERAL.—A granting agency rep- for the purpose of carrying out this sub- ‘‘(1) PLAN.—Not later than 60 days after the resented on the Committee shall provide the section. date on which the President submits to Con- grants recommended by the Committee un- ‘‘(9) FUNDING.— gress, pursuant to section 1105 of title 31, less the granting agency— ‘‘(A) IN GENERAL.—Except as provided in United States Code, a budget for fiscal year ‘‘(I) decides not to provide the grant due to subparagraph (B), for each of fiscal years 2011 2012, and for each fiscal year thereafter, the budgetary or other compelling consider- through 2015, not less than $32,000,000 of Committee shall submit to Congress a plan ations; and amounts in the Fund shall be available to that establishes the priorities for Federal oil ‘‘(II) publishes in the Federal Register the carry out the regional research program spill research and development. reasons for such a determination. under this subsection, to be available in ‘‘(2) RECOMMENDATIONS.—In the develop- ‘‘(ii) FUNDS FOR GRANTS.—No grants may equal amounts for the regional research pro- ment of the plan, the Committee shall con- be provided by any agency under this sub- gram in each region. sider recommendations by the National section from any funds authorized to carry ‘‘(B) ADDITIONAL GRANTS.—If the agencies Academy of Sciences and information from out this paragraph unless the grant award represented on the Committee determine State, local, and tribal governments. has first been recommended by the Com- that regional research needs exist that can- ‘‘(b) PLAN REQUIREMENTS.—The plan mittee under subparagraph (C)(ii). not be addressed by the amount of funds shall— ‘‘(4) ELIGIBLE APPLICANTS.— made available under subparagraph (A), the ‘‘(1) make recommendations to improve ‘‘(A) IN GENERAL.—Any institution of high- agencies may use authority under subsection technologies and practices to prevent oil er education or other research institution (or (a) to make additional grants to meet those spills; a group of those institutions) may apply for needs. ‘‘(2) suggest changes to the program to im- a grant for the regional research program es- ‘‘SEC. 7007. ANNUAL REPORT. prove the rates of oil recovery and spill miti- tablished under this subsection. ‘‘Concurrent with the submission of the gation; ‘‘(B) LOCATION OF APPLICANT.—An applicant Federal interagency research plan pursuant ‘‘(3) make recommendations to improve described in subparagraph (A) shall be lo- to section 7005, the Committee shall submit technologies, practices, and procedures to cated in the region, or in a State a part of to Congress an annual report that describes

VerDate Mar 15 2010 04:10 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.045 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6218 CONGRESSIONAL RECORD — SENATE July 22, 2010 the activities and results of the program dur- (2) train Federal, State, and local first re- (3) maintain sufficient maritime oil spill ing the previous fiscal year and described the sponders in the incident command system and hazardous substance release assets to en- objectives of the program for the next fiscal structure, maritime oil spill and hazardous sure the protection of human health and the year. substance release response techniques and environment in the event of an oil spill or ‘‘SEC. 7008. FUNDING. strategies, and public affairs; hazardous substance release, including the ‘‘(a) IN GENERAL.—Of the amounts in the (3) work with academic and private sector prefabrication of oil spill containment equip- Fund for each fiscal year, not more than response training centers to develop and ment; and $50,000,000 shall be available to carry out this standardize maritime oil spill and hazardous (4) maintain the capability to mobilize per- section (other than section 7006(b)) for the substance release response training and tech- sonnel and equipment to respond to an oil fiscal year. niques; spill or hazardous substance release any- ‘‘(b) APPROPRIATIONS.—All activities au- (4) conduct research, development, testing, where in the continental United States with- thorized under this title, including under and demonstration for maritime oil spill and in 24 hours of such an event. section 7006(b), shall be subject to the avail- hazardous substance release response equip- (e) PUBLIC INFORMATION ASSIST TEAM DU- ability of appropriations.’’. ment, technologies, and techniques to pre- TIES.—The Public Information Assist Team vent or mitigate maritime oil discharges and shall maintain the capability— SEC. 223. NATIONAL ACADEMY OF SCIENCE PAR- (1) to provide crisis communication during TICIPATION. hazardous substance releases; oil spills, hazardous material releases, ma- The Commandant shall enter into an ar- (5) maintain not less than 2 incident man- rine accidents, and other disasters, including rangement with the National Academy of agement and assistance teams, 1of which staffing and managing public affairs and Sciences under which the Academy shall— shall be ready to deploy anywhere in the intergovernmental communication; (1) not later than 1 year after the date of continental United States within 24 hours (2) provide public information and commu- enactment of this Act, assess and evaluate after an incident or event; nications training to Federal, State, and the status of Federal oil spill research and (6) conduct marine environmental response local agencies and industry personnel; and development as of the day before the date of standardization visits with Coast Guard Fed- (3) maintain the capability to mobilize per- enactment of this Act; eral on-scene coordinators; sonnel and equipment to respond to an oil (2) submit to Congress and the Federal Oil (7) administer and coordinate Coast Guard spill or hazardous substance release any- Spill Research Committee established under participation in the National Preparedness where in the continental United States with- section 7002 of the Oil Pollution Act of 1990 for Response Exercise Program; and in 24 hours after such an event. a report evaluating the conclusions and rec- (8) establish and maintain Coast Guard ma- ommendations from the Federal research as- rine environmental response doctrine. SEC. 228. DISTRICT PREPAREDNESS AND RE- SEC. 227. NATIONAL STRIKE FORCE. SPONSE TEAMS. sessment under section 7004 of that Act to be The Commandant shall maintain district (a) IN GENERAL.—The Commandant shall used in the development of the Federal oil preparedness response teams— maintain a National Strike Force to facili- spill research plan under section 7005 of that (1) to maintain Coast Guard environmental tate preparedness for and response to mari- Act; and response equipment; time oil spill and hazardous substance re- (3) not later than 1 year after the Federal (2) to administer area contingency plans; lease incidents. interagency research plan is submitted to (3) to administer the National Prepared- (b) COMPOSITION.—The National Strike Congress under section 7005 of that Act, ness for Response Exercise Program; Force— evaluate, and report to Congress on, the (4) to conduct responder incident command (1) shall consist of— plan. system training and health and safety train- (A) a National Strike Force Coordination SEC. 224. TECHNICAL AND CONFORMING AMEND- ing; Center; MENTS. (5) to provide Federal on-scene coordinator (B) strike force teams, including— (a) USE OF FUNDS.—Section 1012(a)(5)(A) of technical advice; (i) 1 team for the Atlantic Ocean; the Oil Pollution Act of 1990 (33 U.S.C. (6) to coordinate district pollution re- (ii) 1 team for the Pacific Ocean; and 2712(a)(5)(A)) is amended by striking sponse operations; (iii) 1 team for the Gulf of Mexico; and ‘‘$25,000,000’’ and inserting ‘‘$50,000,000’’. (7) to support regional response team co- (C) a public information assist team; and (b) TABLE OF CONTENTS.—The table of con- chairs; (2) may include, on the direction of the tents in section 2 of the Oil Pollution Act of (8) to coordinate district participation Commandant, 1 or more teams for the north- 1990 (33 U.S.C. prec. 2701) is amended by with the regional interagency steering com- west Pacific Ocean and the Arctic Ocean. striking the items relating to sections 7001 mittee of the Federal Emergency Manage- (c) NATIONAL STRIKE FORCE COORDINATION and 7002 and inserting the following: ment Agency; and CENTER DUTIES.—The National Strike Force ‘‘Sec. 7000. Definitions. (9) to conduct response public affairs and Coordination Center shall— ‘‘Sec. 7001. Oil pollution research and devel- joint information center training. (1) provide support and standardization opment program. guidance to the regional strike teams; SEC. 229. OIL SPILL RESPONSE ORGANIZATIONS. ‘‘Sec. 7002. Functions of the Committee. (a) REQUIREMENT.—Each maritime oil spill (2) maintain a response resource inventory ‘‘Sec. 7003. Federal oil spill research pro- response organization that is listed under an of maritime oil spill and hazardous sub- gram. oil spill response plan of a vessel or facility stance release response, marine salvage, and ‘‘Sec. 7004. Federal research assessment. regulated by the Coast Guard, as required by marine firefighting equipment maintained ‘‘Sec. 7005. Federal interagency research section 311(j) of the Federal Water Pollution by certified oil spill response organizations plan. Control Act (33 U.S.C. 1321(j)) shall be— as well as equipment listed in a vessel or fa- ‘‘Sec. 7006. Extramural grants. (1) certified by the Coast Guard; and cility oil spill response plan, as required by ‘‘Sec. 7007. Annual report. (2) inspected at least once each year to en- section 311(j) of the Federal Water Pollution ‘‘Sec. 7008. Funding. sure that the organization has the capabili- Control Act (33 U.S.C. 1321(j)); ‘‘Sec. 7009. Submerged oil program.’’. ties to meet the requirements delegated to (3) oversee the maintenance and adequacy the organization under applicable oil spill re- SEC. 225. OIL SPILL RESPONSE AUTHORITY. of Coast Guard environmental response sponse plans. Notwithstanding any other provision of equipment; (b) CERTIFICATION CRITERIA AND REQUIRE- law, the Incident Commander of the Coast (4) certify and inspect maritime oil spill Guard may authorize the use of dispersants MENTS.—Not later than 180 days after the response organizations; and date of enactment of this Act, the Com- in response to a spill of oil from— (5) maintain the National Area Contin- (1) any facility or vessel located in, on, or mandant shall develop criteria and require- gency Plan library. ments for certifying and classifying mari- under any of the navigable waters of the (d) STRIKE FORCE TEAM DUTIES.—The United States; and time oil spill response organizations. Strike Force Response Teams shall— (c) INVENTORY OF MARITIME OIL SPILL RE- (2) any facility of any kind that is subject (1) provide rapid response support in inci- SPONSE EQUIPMENT.—Each certified maritime to the jurisdiction of the United States and dent management, site safety, contractor oil spill response organization and any facil- that is located in, on, or under any other wa- performance monitoring, resource docu- ity regulated by the Coast Guard that is not ters. mentation, response strategies, hazard as- using a maritime oil spill response organiza- SEC. 226. MARITIME CENTER OF EXPERTISE. sessment, oil spill dispersant, in situ burn tion to meet the facility oil spill response (a) IN GENERAL.—The Commandant shall and other technologies, prefabrication of plan requirements of section 311(j) of the establish a Maritime Center of Expertise for containment technology, operational effec- Federal Water Pollution Control Act (33 Maritime Oil Spill and Hazardous Substance tiveness monitoring, and high-capacity U.S.C. 1321(j)) shall— Release Response. lightering and offshore skimming capabili- (1) maintain a current list of the maritime (b) DUTIES.—The Center shall— ties; oil spill response equipment of the organiza- (1) serve as the primary Federal facility for (2) train Coast Guard units in environ- tion or facility; and Coast Guard personnel to obtain qualifica- mental pollution response and incident com- (2) submit a copy of that list to the Na- tions to perform the duties of a regional re- mand systems, test and evaluate pollution tional Strike Force Coordination Center. sponse team cochair, a Federal on-scene co- response equipment, and operate as liaisons (d) DECREASED CAPACITY REPORTS.—If a ordinator, or a Federal on-scene coordinator with response agencies within the areas of maritime oil spill response organization ex- representative; responsibility of the respective units; periences a decrease in the maritime oil spill

VerDate Mar 15 2010 04:10 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.045 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6219 response assets of the organization, the orga- ‘‘(O) Establishment of a system and proce- ical subdivisions from the leased tract in ac- nization shall report the decrease to the Na- dures that ensure coordination with, and cordance with this subparagraph. tional Strike Force Coordination Center and prompt response to, State and local offi- ‘‘(ii) DISTANCES.—For each coastal polit- the Captain of the Port in which that organi- cials.’’. ical subdivision described in clause (i), the zation operates. Subtitle C—Oil and Gas Leasing Secretary shall determine the distance be- SEC. 230. PROGRAM FOR OIL SPILL AND HAZ- tween the point on the coastal political sub- SEC. 231. REVENUE SHARING FROM OUTER CON- ARDOUS SUBSTANCE RELEASE RE- division coastline closest to the geographic SPONSE. TINENTAL SHELF AREAS IN CERTAIN COASTAL STATES. center of the leased tract and the geographic (a) REQUIREMENT TO ESTABLISH PROGRAM.— center of the tract. The Commandant shall establish a program Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by add- ‘‘(iii) PAYMENTS.—The Secretary shall di- for oil spill and hazardous substance release vide and allocate the qualified outer Conti- response, within the Maritime Center of Ex- ing at the end the following: ‘‘(i) REVENUE SHARING FROM OUTER CONTI- nental Shelf revenues derived from the pertise for Oil Spill Response, to conduct re- leased tract among coastal political subdivi- search, development, testing, and dem- NENTAL SHELF AREAS IN CERTAIN COASTAL sions described in clause (i) in amounts that onstration for oil spill and hazardous sub- STATES.— are inversely proportional to the applicable stance release response equipment, tech- ‘‘(1) DEFINITIONS.—In this subsection distances determined under clause (ii). nologies, and techniques to prevent or miti- through subsection (j): ‘‘(4) CONSERVATION ROYALTY.—After mak- gate oil discharges and hazardous substance ‘‘(A) COASTAL POLITICAL SUBDIVISION.—The releases. term ‘coastal political subdivision’ of a ing distributions under paragraphs (1) and (2) (b) PROGRAM ELEMENTS.—The program coastal State means a county-equivalent and section 31, the Secretary shall, without under subsection (a) shall include— subdivision of a coastal State all or part of further appropriation or action, distribute a (1) research, development, testing, and which— conservation royalty equal to 12.5 percent of demonstration of new or improved methods ‘‘(i) lies within the coastal zone (as defined Federal royalty revenues derived from an (including the use of dispersants and biologi- in section 304 of the Coastal Zone Manage- area leased under this section from all areas cal treatment methods) for the containment, ment Act of 1972 (16 U.S.C. 1453)); and leased under this section for any year, into recovery, removal, and disposal of oil and ‘‘(ii) the closest point of which is not more the land and water conservation fund estab- hazardous substances; than 300 statute miles from the geographic lished under section 2 of the Land and Water (2) assistance for— center of any leased tract. Conservation Fund Act of 1965 (16 U.S.C. 460l– (A) the development of improved designs ‘‘(B) COASTAL STATE.—The term ‘coastal 5) to provide financial assistance to States for vessel operations (including vessel oper- State’ means a State with a coastal seaward under section 6 of that Act (16 U.S.C. 460l–8). ations in Arctic waters) and facilities that boundary within 300 statute miles distance ‘‘(5) DEFICIT REDUCTION.— are regulated by the Coast Guard; and of the geographic center of a leased tract in ‘‘(A) IN GENERAL.—After making distribu- (B) improved operational practices; an outer Continental Shelf planning area tions in accordance with paragraphs (1) and (3) research and training, in consultation that— (2) and in accordance with section 31, the with the National Response Team, to im- ‘‘(i) as of January 1, 2000, had no oil or nat- Secretary shall, without further appropria- prove the ability of private industry and the ural gas production; and tion or action, distribute an amount equal to Federal Government to respond to an oil dis- ‘‘(ii) is not a Gulf producing State (as de- 50 percent of Federal royalty revenues de- charge or a hazardous substance release; fined in section 102 of the Gulf of Mexico En- rived from all areas leased under this section (4) a list of oil spill and hazardous sub- ergy Security Act of 2006 (43 U.S.C. 1331 note; for any year, into direct Federal deficit re- stance containment, recovery, removal, and Public Law 109–432)). duction. disposal technology that is approved for use ‘‘(C) DISTANCE.—The terms ‘distance’ and ‘‘(B) BUDGETARY TREATMENT.—Any by the Commandant and is made publicly ‘distances’ mean minimum great circle dis- amounts distributed into direct Federal def- available, in such manner as is determined tance and distances, respectively. icit reduction under this paragraph shall not to be appropriate by the Commandant; and ‘‘(D) LEASED TRACT.—The term ‘leased be included for purposes determining budget (5) a process for the Federal Government, tract’ means a tract leased under this Act levels under section 201 of S. Con. Res. 21 State and local governments, private indus- for the purpose of drilling for, developing, (110th Congress).’’. try, academic institutions, and nongovern- and producing oil or natural gas resources. SEC. 232. REVENUE SHARING FROM AREAS IN mental organizations to submit systems, ‘‘(E) OUTER CONTINENTAL SHELF AREA.—The ALASKA ADJACENT ZONE. equipment, and technologies for testing and term ‘outer Continental Shelf area’ means— evaluation. ‘‘(i) any area withdrawn from disposition Section 18 of the Outer Continental Shelf (c) GRANTS FOR OIL SPILL RESPONSE.—The by leasing by the ‘Memorandum on With- Lands Act (43 U.S.C. 1344) (as amended by Commandant shall have the authority to drawal of Certain Areas of the United States section 231) is amended by adding at the end make grants to or enter into cooperative Outer Continental Shelf from Leasing Dis- the following: agreements with academic institutions to position’, from 34 Weekly Comp. Pres. Doc. ‘‘(j) REVENUE SHARING FROM AREAS IN conduct research and development for oil 1111, dated June 12, 1998; or ALASKA ADJACENT ZONE.— spill response equipment, technology, and ‘‘(ii) any area of the outer Continental ‘‘(1) IN GENERAL.—Except as provided in techniques. Shelf as to which Congress has denied the paragraph (2), effective beginning on the (d) COORDINATION.—The Commandant shall carry out the program in coordination with use of appropriated funds or other means for date that is 5 years after the date of enact- the Interagency Coordinating Committee on preleasing, leasing, or related activities. ment of this subsection, revenues from pro- Oil Pollution Research established pursuant ‘‘(2) POST LEASING REVENUES.—If the Gov- duction that derives from an area in the to section 7001(a) of the Oil Pollution Act of ernor or the Legislature of a coastal State Alaska Adjacent Zone shall be distributed in 1990 (33 U.S.C. 2761(a)). requests the Secretary to allow leasing in an the same proportion and for the same uses as (e) FUNDING.—The Commandant shall use outer Continental Shelf area and the Sec- provided in subsection (i). such sums as are necessary to carry out this retary allows the leasing, in addition to any ‘‘(2) ALLOCATION AMONG REGIONAL CORPORA- section for fiscal years 2010 through 2015 bonus bids, the coastal State shall, without TIONS.— from funds appropriated to the research, de- further appropriation or action, receive, ‘‘(A) IN GENERAL.—The Secretary shall pay velopment, and testing program account of from leasing of the area, 37.5 percent of— 33 percent of any allocable share of the State the Coast Guard for those years. ‘‘(A) any lease rental payments; of Alaska, as determined under this section, SEC. 230a. OIL AND HAZARDOUS SUBSTANCE LI- ‘‘(B) any lease royalty payments; directly to certain Regional Corporations es- ABILITY. ‘‘(C) any royalty proceeds from a sale of tablished under section 7(a) of the Alaska Section 311 of the Federal Water Pollution royalties taken in kind by the Secretary; Native Claims Settlement Act (43 U.S.C. Control Act (33 U.S.C. 1321) is amended— and 1606(a)). (1) in subsection (c)(2)(B)— ‘‘(D) any other revenues from a bidding ‘‘(B) ALLOCATION.— (A) in clause (i), by striking ‘‘and’’ at the system under section 8. ‘‘(i) IN GENERAL.—For each leased tract end; ‘‘(3) ALLOCATION AMONG COASTAL POLITICAL used to calculate the allocation of the State (B) in clause (ii), by striking the period at SUBDIVISIONS OF STATES.— of Alaska, the Secretary shall pay the Re- the end and inserting ‘‘; and’’; and ‘‘(A) IN GENERAL.—The Secretary shall pay gional Corporations, after determining those (C) by adding at the end the following: 20 percent of the allocable share of each Native villages within the region of the Re- ‘‘(iii) immediately deploy cleanup and coastal State, as determined under this sub- gional Corporation which are within 300 mitigation assets owned by the Federal Gov- section, directly to certain coastal political miles of the geographic center of the leased ernment, or provided by private individuals subdivisions of the coastal State. tract based on the relative distance of such or entities or foreign countries, to the loca- ‘‘(B) ALLOCATION.— villages from the leased tract, in accordance tion of discharge.’’; and ‘‘(i) IN GENERAL.—For each leased tract with this paragraph. (2) in subsection (d)(2), by adding at the used to calculate the allocation of a coastal ‘‘(ii) DISTANCES.—For each such village, end the following: State, the Secretary shall pay the coastal the Secretary shall determine the distance ‘‘(N) Establishment of a clear, accountable political subdivisions within 300 miles of the between the point in the village closest to chain of command throughout the jurisdic- geographic center of the leased tract based the geographic center of the leased tract and tions impacted by the discharge. on the relative distance of such coastal polit- the geographic center of the tract.

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‘‘(iii) PAYMENTS.—The Secretary shall di- SEC. 234. COASTAL IMPACT ASSISTANCE PRO- determination on whether to issue the per- vide and allocate the qualified outer Conti- GRAM AMENDMENTS. mit. nental Shelf revenues derived from the Section 31(c) of the Outer Continental (c) NO SUSPENSION OF CONSIDERATION.—No leased tract among the qualifying Regional Shelf Lands Act (43 U.S.C. 1356a(c)) is amend- Federal entity shall suspend the active con- Corporations in amounts that are inversely ed by adding at the end the following: sideration of, or preparatory work for, per- proportional to the distances of all of the ‘‘(5) APPLICATION REQUIREMENTS; AVAIL- mits required to resume or advance activi- Native villages within each qualifying re- ABILITY OF FUNDING.—On approval of a State ties suspended in connection with the mora- gion. plan under this section, the Secretary shall— torium. ‘‘(iv) REVENUES.—All revenues received by ‘‘(A) immediately disburse payments allo- SEC. 302. DEEPWATER HORIZON INCIDENT. each Regional Corporation shall be— cated under this section to the State or po- Not later than 60 days after the date of en- ‘‘(I) treated by the Regional Corporation as litical subdivision; and actment of this Act, the Secretary shall de- revenue subject to the distribution require- ‘‘(B) other than requiring notification to velop, and expeditiously begin implementa- ments of section 7(i)(1)(A) of the Alaska Na- the Secretary of the projects being carried tion of, a plan to ensure that onshore oil and tive Claims Settlement Act (43 U.S.C. out under the State plan, not subject a State natural gas development on Federal land 1606(i)(1)(A)); and or political subdivision to any additional re- would provide full energy resource com- ‘‘(II) divided annually by the Regional Cor- quirements, including application require- pensation for offshore oil and natural gas re- poration among all 12 Regional Corporations ments, to receive payments under this sec- sources not being developed and Federal rev- in accordance with section 7(i) of that Act. tion.’’. enues not being generated for the benefit of ‘‘(v) FURTHER DISTRIBUTION.—A Regional SEC. 235. PRODUCTION OF OIL FROM CERTAIN the United States Treasury during such time Corporation receiving revenues under clause ARCTIC OFFSHORE LEASES. as any offshore moratorium is in place in re- (iv)(II) shall further distribute 50 percent of Section 5 of the Outer Continental Shelf sponse to the incident involving the mobile the revenues received in accordance with Lands Act (43 U.S.C. 1334) is amended by add- offshore drilling unit Deepwater Horizon. section 7(j) of the Alaska Native Claims Set- ing at the end the following: tlement Act (43 U.S.C. 1606(j)).’’. ‘‘(k) OIL TRANSPORTATION IN ARCTIC WA- f SEC. 233. ACCELERATED REVENUE SHARING TO TERS.—The Secretary shall— SUBMITTED RESOLUTIONS PROMOTE COASTAL RESILIENCY ‘‘(1) require that oil produced from Federal AMONG GULF PRODUCING STATES. leases in Arctic waters in the Chukchi Sea Section 105 of the Gulf of Mexico Energy planning area, Beaufort Sea planning area, Security Act of 2006 (43 U.S.C. 1331 note; Pub- SENATE RESOLUTION 592—DESIG- or Hope Basin planning area be transported lic Law 109–432) is amended— NATING THE WEEK OF SEP- by pipeline to the Trans-Alaska Pipeline (1) by striking subsection (b) and inserting System; and TEMBER 13–19, 2010, AS ‘‘POLY- the following: ‘‘(2) provide for, and issue appropriate per- CYSTIC KIDNEY DISEASE ‘‘(b) ALLOCATION AMONG GULF PRODUCING mits for, the transportation of oil from Fed- AWARENESS WEEK’’, AND SUP- STATES FOR FISCAL YEARS 2010 AND THERE- AFTER.— eral leases in Arctic waters in preproduction PORTING THE GOALS AND ‘‘(1) IN GENERAL.—Subject to the provisions phases (including exploration) by means IDEALS OF POLYCYSTIC KIDNEY of this subsection, for fiscal year 2010 and other than pipeline.’’. DISEASE AWARENESS WEEK TO each fiscal year thereafter, the amount made SEC. 236. USE OF STIMULUS FUNDS TO OFFSET RAISE AWARENESS AND UNDER- available under subsection (a)(2)(A) from a SPENDING. STANDING OF POLYCYSTIC KID- covered lease described in paragraph (2) shall (a) IN GENERAL.—The unobligated balance NEY DISEASE AND THE IMPACT be allocated to each Gulf producing State in of each amount appropriated or made avail- able under the American Recovery and Rein- THE DISEASE HAS ON PATIENTS amounts that are inversely proportional to NOW AND FOR FUTURE GENERA- the respective distances between the point vestment Act of 2009 (Public Law 111–5; 123 on the coastline of each Gulf producing State Stat. 115) (other than under title X of divi- TIONS UNTIL IT CAN BE CURED that is closest to the geographic center of sion A of that Act) is rescinded, on a pro rata Mr. KOHL (for himself and Mr. basis, by an aggregate amount that equals each historical lease site and the geographic HATCH) submitted the following resolu- center of the historical lease site, as deter- the amounts necessary to offset any net in- crease in spending or foregone revenues re- tion; which was referred to the Com- mined by the Secretary. mittee on the Judiciary: ‘‘(2) COVERED LEASE.—A covered lease re- sulting from this subtitle and the amend- ferred to in paragraph (1) means a lease en- ments made by this subtitle. S. RES. 592 tered into for— (b) REPORT.—The Director of the Office of Whereas polycystic kidney disease (known ‘‘(A) the 2002–2007 planning area; Management and Budget shall submit to as ‘‘PKD’’) is one of the most prevalent life- ‘‘(B) the 181 Area; or each congressional committee the amounts threatening genetic diseases in the world, af- ‘‘(C) the 180 South Area. rescinded under subsection (a) that are with- fecting an estimated 600,000 people in the ‘‘(3) MINIMUM ALLOCATION.—The amount al- in the jurisdiction of the committee. United States, including newborn babies, located to a Gulf producing State each fiscal TITLE III—GUIDANCE ON MORATORIUM children, and adults, regardless of sex, age, year under paragraph (1) shall be at least 10 ON OUTER CONTINENTAL SHELF DRILL- race, geography, income, or ethnicity; percent of the amounts available under sub- ING Whereas polycystic kidney disease comes section (a)(2)(A). SEC. 301. LIMITATION OF MORATORIUM ON CER- in 2 forms, autosomal dominant, which af- ‘‘(4) HISTORICAL LEASE SITES.— TAIN PERMITTING AND DRILLING fects 1 in 500 people worldwide, and ‘‘(A) IN GENERAL.—Subject to subparagraph ACTIVITIES. autosomal recessive, a rare form that affects (B), for purposes of this subsection, the his- (a) IN GENERAL.—The moratorium set forth 1 in 20,000 live births and frequently leads to torical lease sites in the 2002–2007 planning in the decision memorandum of the Sec- early death; area shall include all leases entered into by retary of the Interior entitled ‘‘Decision Whereas polycystic kidney disease causes the Secretary for an area in the Gulf of Mex- memorandum regarding the suspension of multiple cysts to form on both kidneys, lead- ico during the period beginning on October 1, certain offshore permitting and drilling ac- ing to an increase in kidney size and weight; 1982 (or an earlier date if practicable, as de- tivities on the Outer Continental Shelf’’ and Whereas the cysts caused by polycystic termined by the Secretary), and ending on dated July 12, 2010, and any suspension of op- kidney disease can be as small as the head of December 31, 2015. erations issued in connection with the mora- a pin or as large as a grapefruit; ‘‘(B) ADJUSTMENT.—Effective January 1, torium, shall not apply to an applicant for a Whereas polycystic kidney disease is a sys- 2022, and every 5 years thereafter, the ending permit to drill if the Secretary determines temic disease that damages the kidneys and date described in subparagraph (A) shall be that the applicant— the cardiovascular, endocrine, hepatic, and extended for an additional 5 calendar years. (1) has complied with the notice entitled gastrointestinal systems; ‘‘(5) PAYMENTS TO COASTAL POLITICAL SUB- ‘‘National Notice to Lessees and Operators of Whereas patients with polycystic kidney DIVISIONS.— Federal Oil and Gas Leases, Outer Conti- disease often experience no symptoms during ‘‘(A) IN GENERAL.—The Secretary shall pay nental Shelf (OCS)’’ dated June 8, 2010 (NTL the early stages of the disease, and many pa- 20 percent of the allocable share of each Gulf No. 2010–N05) and the notice entitled ‘‘Na- tients do not realize they have PKD until the producing State, as determined under para- tional Notice to Lessees and Operators of disease affects other organs; graphs (1) and (3), to the coastal political Federal Oil and Gas Leases, Outer Conti- Whereas the symptoms of polycystic kid- subdivisions of the Gulf producing State. nental Shelf (OCS)’’ dated June 18, 2010 (NTL ney disease can include high blood pressure, ‘‘(B) ALLOCATION.—The amount paid by the No. 2010–N06); and chronic pain in the back, sides or abdomen, Secretary to coastal political subdivisions (2) has completed all required safety in- blood in the urine, urinary tract infections, shall be allocated to each coastal political spections. heart disease, and kidney stones; subdivision in accordance with subpara- (b) DETERMINATION ON PERMIT.—Not later Whereas polycystic kidney disease is the graphs (B), (C), and (E) of section 31(b)(4) of than 30 days after the date on which the Sec- leading genetic cause of kidney failure in the the Outer Continental Shelf Lands Act (43 retary makes a determination that an appli- United States; U.S.C. 1356a(b)(4)).’’; and cant has complied with paragraphs (1) and (2) Whereas more than half of patients suf- (2) by striking subsection (f). of subsection (a), the Secretary shall make a fering from polycystic kidney disease will

VerDate Mar 15 2010 04:10 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.045 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6221 reach kidney failure, requiring dialysis or a September 13th through the 19th be have introduced this resolution every kidney transplant to survive, thus placing an designated as National Polycystic Kid- year since 2007 to designate a National extra strain on dialysis and kidney trans- ney Disease Awareness Week. This Polycystic Kidney Disease Awareness plantation resources; week coincides with the annual walk Week. I encourage my colleagues to Whereas polycystic kidney disease has no treatment or cure; for PKD which takes place every Sep- lend their support to this important Whereas polycystic kidney disease instills tember. In Wisconsin, where over 10,000 measure. in patients the fear of an unknown future patients are living with the disease, f with a life-threatening genetic disease, and residents gather across the state to of possible genetic discrimination; take part in this very special walk. SENATE RESOLUTION 593—EX- Whereas polycystic kidney disease is an ex- Increasing awareness will help all PRESSING SUPPORT FOR DES- ample of how collaboration, technological those affected by Polycystic Kidney IGNATION OF OCTOBER 7, 2010, innovation, scientific momentum, and pub- Disease, and I hope my colleagues will AS ‘‘JUMPSTART’S READ FOR lic-private partnerships can— THE RECORD DAY’’ (1) generate therapeutic interventions that support this important resolution. directly benefit the people suffering from Mr. HATCH. Mr. President, I rise Mrs. MURRAY (for herself, Mr. polycystic kidney disease; today to join my colleague from Wis- ISAKSON, and Mr. BEGICH) submitted (2) save billions of Federal dollars paid by consin, Senator HERB KOHL, in intro- the following resolution; which was re- Medicare, Medicaid, and other programs for ducing a resolution to designate Sep- ferred to the Committee on Health, dialysis, kidney transplants, immuno- tember 13–19, 2010, as National Poly- Education, Labor, and Pensions: suppressant drugs, and related therapies; and cystic Kidney Disease Awareness Week. (3) open several thousand spots on the kid- S. RES. 593 ney transplant waiting list; Polycystic kidney disease, also Whereas Jumpstart, a national early edu- Whereas improvements in diagnostic tech- known as PKD, is a life-threatening, cation organization, is working to ensure nology and the expansion of scientific genetic disease which affects more that all children in the United States enter knowledge about polycystic kidney disease than 12.5 million adults and children school prepared to succeed; have led to— worldwide. PKD is of significant inter- Whereas Jumpstart recruits and trains col- (1) the discovery of the 3 primary genes est to me because many Utahns suffer lege students and community volunteers that cause polycystic kidney disease and the from this illness. The PKD Foundation year-round to work with preschool children 3 primary protein products of the genes; and estimates that roughly 5,000 Utahns in low-income communities, helping the (2) the understanding of cell structures and children to develop the key language and lit- signaling pathways that cause cyst growth, have PKD; and ESRD instances in Utah eracy skills they need to succeed in school which has produced multiple polycystic kid- are almost three times the national av- and in life; ney disease clinical drug trials; and erage. Whereas, since 1993, Jumpstart has en- Whereas thousands of volunteers through- A kidney affected by PKD will de- gaged more than 20,000 adults in service to out the United States are dedicated to ex- velop cysts ranging in size from that of more than 70,000 young children in commu- panding essential research, fostering public a pinhead to the size of a grapefruit. nities across the United States; awareness and understanding, educating pa- These fluid-filled cysts increase the Whereas Jumpstart’s Read for the Record, tients and their families about polycystic presented in partnership with Pearson, is a kidney disease to improve treatment and size and weight of the kidney from what is normally the size of a human world record-breaking campaign, now in its care, providing appropriate moral support, fifth year, that harnesses the power of read- and encouraging people to become organ do- fist to as large as a football. This con- ing by bringing adults and children together nors: Now, therefore, be it dition causes great pain and is ex- to read the same book on the same day; Resolved, That the Senate— tremely dangerous to kidney function. Whereas the goals of the campaign are to (1) designates the week of September 13–19, As PKD progresses a person may ac- raise national awareness of the early lit- 2010, as ‘‘Polycystic Kidney Disease Aware- quire other diseases and disorders such eracy crisis, provide books to children in ness Week’’; as urinary tract infections, hyper- low-income households through donations (2) supports the goals and ideals of a na- and sponsorship, celebrate the commence- tional week to raise public awareness and tension, and kidney stones. In its most progressive stage, PKD results in kid- ment of Jumpstart’s program year, and raise understanding of polycystic kidney disease; money to support Jumpstart’s year-long (3) recognizes the need for additional re- ney failure, or end-stage renal disease, work with preschool children; search into a treatment and a cure for poly- ESRD, for which the only help avail- Whereas October 7, 2010, would be an appro- cystic kidney disease; and able is dialysis or a kidney transplant. priate date to designate as ‘‘Jumpstart’s (4) encourages the people of the United Autosomal dominant PKD is the Read for the Record Day’’ because Jumpstart States and interested groups to— most common form of the disease and aims to set the world record for the largest (A) support Polycystic Kidney Disease affects one in every 500 people. This shared reading experience on that date; and Awareness Week through appropriate cere- Whereas Jumpstart hopes to engage monies and activities; type of PKD is commonly diagnosed in adulthood. Children born to an affected 2,500,000 children to read Ezra Jack Keats’ (B) promote public awareness of polycystic ‘‘The Snowy Day’’ during this record-break- kidney disease; and parent have a 50 percent chance of in- ing celebration of reading, service, and fun, (C) foster understanding of the impact of heriting the disease themselves. In less all in support of the preschool children of the the disease on patients and their families. prevalent cases, a child may be diag- United States: Now, therefore, be it Mr. KOHL. Mr. President, I rise nosed with autosomal recessive poly- Resolved, That the Senate— today along with Senator HATCH to in- cystic kidney disease, ARPKD. ARPKD (1) supports the designation of October 7, troduce a resolution to increase aware- kills approximately 30 percent of in- 2010, as ‘‘Jumpstart’s Read for the Record ness of Polycystic Kidney Disease, fants diagnosed within the first month Day’’; PKD, a common and life threatening of life—and of the 70 percent who sur- (2) recognizes the fifth year of Jumpstart’s Read for the Record; and genetic illness. vive infancy, one-third will require a (3) encourages adults, including grand- Over 600,000 people have been diag- kidney transplant by the age of 10. parents, parents, teachers, and college stu- nosed with PKD nationwide. There is There is no cure for PKD. Although dents, to join children in creating the largest no treatment or cure for this dev- minimal treatments can alleviate pain, shared reading experience in the world and astating disease. Families and friends and a healthy lifestyle can delay kid- to show their support for early literacy and struggle to fight PKD and provide un- ney failure, currently the only way to Jumpstart’s early education programming wavering support to their suffering truly stop the symptoms is by trans- for young children in low-income commu- loved ones. plantation. Yet, there is hope in nities. But there is hope. The PKD Founda- science, awareness, and education. Mrs. MURRAY. Mr. President, as tion has led the fight for increased re- To cure PKD could mean billions of many of my colleagues know, I began search and patient education. Recent dollars in savings to Medicare and my career as a preschool teacher back studies have led to the discovery of the Medicaid. Greater yet, it would offer in my home State of Washington. My genes that cause PKD as well as prom- relief to the suffering endured by the experience as a preschool teacher al- ising clinical drug trials for treatment. millions of people living with this lowed me to see just how important More needs to be done, however, and dreadful disease. early education is in shaping a person’s the government wants to help. With improved awareness and edu- life. As we all know, research illus- In order to increase public awareness cation comes a greater ability to find a trates that children who begin learning of this fatal disease, I propose that cure. That is why Senator KOHL and I at an early age are more likely to be

VerDate Mar 15 2010 04:10 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.039 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6222 CONGRESSIONAL RECORD — SENATE July 22, 2010 successful in their secondary education McCaskill, Mr. Udall (Colorado), Mrs. Hagan, ability of credit for small businesses, career—and to graduate from high Mr. Begich, Mr. Burris, Mr. Bingaman, Mr. to amend the Internal Revenue Code of school. Kaufman, Mr. Goodwin. 1986 to provide tax incentives for small During my time in the classroom, I COMMITTEE ON THE BUDGET: Mr. business job creation, and for other Conrad (Chairman), Mrs. Murray, Mr. purposes; which was ordered to lie on could easily distinguish those 4-year- Wyden, Mr. Feingold, Mr. Nelson (Florida), olds who were read to at home. Their Ms. Stabenow, Mr. Cardin, Mr. Sanders, Mr. the table; as follows: skills were more advanced because Whitehouse, Mr. Warner, Mr. Merkley, Mr. On page 40, after line 25, add the following: they had been introduced to sounds and Begich, Mr. Goodwin. SEC. 1137. HUBZONES. words prior to beginning school. This is COMMITTEE ON HEALTH, EDUCATION, (a) DEFINITIONS.—In this section— why I believe it is important for all of LABOR AND PENSIONS: Mr. Harkin (Chair- (1) the terms ‘‘HUBZone’’ and ‘‘HUBZone man), Mr. Dodd, Ms. Mikulski, Mr. Binga- small business concern’’ and ‘‘HUBZone us to understand that reading to chil- map’’ have the meanings given those terms dren at home fosters a sense of curi- man, Mrs. Murray, Mr. Reed, Mr. Sanders, Mr. Casey, Mrs. Hagan, Mr. Merkley, Mr. in section 3(p) of the Small Business Act (15 osity and a passion for learning that Franken, Mr. Bennet, Mr. Goodwin. U.S.C. 632(p)), as amended by this Act; and drives students throughout their aca- COMMITTEE ON RULES AND ADMINIS- (2) the term ‘‘recertification’’ means a de- demic careers. TRATION: Mr. Schumer (Chairman), Mr. termination by the Administrator that a This is why I rise today to commend Inouye, Mr. Dodd, Mrs. Feinstein, Mr. Dur- business concern that was previously deter- Jumpstart, a successful, national non- bin, Mr. Nelson (Nebraska), Mrs. Murray, Mr. mined to be a qualified HUBZone small busi- ness concern is a qualified HUBZone small profit organization that focuses on de- Pryor, Mr. Udall (New Mexico), Mr. Warner, Mr. Goodwin. business concern under section 3(p)(5) of the veloping the critical language and lit- Small Business Act (15 U.S.C. 632(p)(5)). eracy skills of our young children in f (b) PURPOSE; FINDINGS.— low-income communities. AMENDMENTS SUBMITTED AND (1) PURPOSE.—The purpose of this section is to reform and improve the HUBZone pro- Beginning in 1993, Jumpstart has re- PROPOSED cruited and trained thousands of stu- gram of the Administration. dents and community volunteers to de- SA 4508. Mr. BOND submitted an amend- (2) FINDINGS.—Congress finds that— (A) the HUBZone program was established liver a research-based and results-driv- ment intended to be proposed to amendment SA 4499 proposed by Mr. REID (for Mr. BAU- under the HUBZone Act of 1997 (Public Law en curriculum to over 70,000 preschool CUS) to the bill H.R. 5297, to create the Small 105–135; 111 Stat. 2627) to stimulate economic children across our country. During Business Lending Fund Program to direct development through increased employment the 2009–2010 school year, Jumpstart the Secretary of the Treasury to make cap- and capital investment by providing Federal partnered with over 250 preschools ital investments in eligible institutions in contracting preferences to small business across 15 States and the District of Co- order to increase the availability of credit concerns in those areas, including inner cit- lumbia to provide early education to for small businesses, to amend the Internal ies and rural counties, that have low house- 13,000 preschool children. Additionally, Revenue Code of 1986 to provide tax incen- hold incomes, high unemployment, and suf- fered from a lack of investment; and Jumpstart promotes reading at home tives for small business job creation, and for other purposes; which was ordered to lie on (B) according to the Government Account- through Read for the Record, an event the table. ability Office, the weakness in the oversight that engages adults and children in the SA 4509. Mr. MCCAIN submitted an amend- of the HUBZone program by the Administra- world’s largest shared reading experi- ment intended to be proposed by him to the tion has exposed the Government to fraud ence. bill H.R. 5297, supra; which was ordered to lie and abuse. In my home State of Washington, on the table. (c) HUBZONE IMPROVEMENTS.—The Admin- Jumpstart has played an important SA 4510. Mr. MCCAIN submitted an amend- istrator shall— ment intended to be proposed by him to the (1) ensure the HUBZone map— role in providing quality literacy skill (A) is accurate and up-to date; and development in the city of Seattle. bill H.R. 5297, supra; which was ordered to lie on the table. (B) revised as new data is made available During the 2009–2010 school year, over SA 4511. Mr. HATCH submitted an amend- to maintain the accuracy and currency of 150 volunteers served nearly 500 chil- ment intended to be proposed to amendment the HUBZone map; dren in 9 preschools. I appreciate SA 4500 proposed by Mr. REID (for Mr. (2) implement policies for ensuring that Jumpstart’s commitment to Wash- LEMIEUX (for himself, Ms. LANDRIEU, Mr. only HUBZone small business concerns de- ington State and its continued dedica- MERKLEY, Mrs. BOXER, Ms. CANTWELL, Ms. termined to be qualified under section 3(p)(5) tion to providing essential skill devel- KLOBUCHAR, and Mrs. MURRAY)) to the of the Small Business Act (15 U.S.C. 632(p)(5)) amendment SA 4499 proposed by Mr. REID are participating in the HUBZone program, opment to prekindergarten children including through the appropriate use of while stimulating our next generation (for Mr. BAUCUS) to the bill H.R. 5297, supra; which was ordered to lie on the table. technology to control costs and maximize, by involving many student volunteers. SA 4512. Mr. ROBERTS submitted an among other benefits, uniformity, complete- f amendment intended to be proposed to ness, simplicity, and efficiency; amendment SA 4500 proposed by Mr. REID (3) submit to the Committee on Small SENATE RESOLUTION 594—TO CON- (for Mr. LEMIEUX (for himself, Ms. LANDRIEU, Business and Entrepreneurship of the Senate STITUTE THE MAJORITY PAR- Mr. MERKLEY, Mrs. BOXER, Ms. CANTWELL, and the Committee on Small Business of the TY’S MEMBERSHIP ON CERTAIN Ms. KLOBUCHAR, and Mrs. MURRAY)) to the House of Representatives a report regarding COMMITTEES FOR THE ONE HUN- amendment SA 4499 proposed by Mr. REID any application to be designated as a DRED ELEVENTH CONGRESS, OR (for Mr. BAUCUS) to the bill H.R. 5297, supra; HUBZone small business concern or for re- UNTIL THEIR SUCCESSORS ARE which was ordered to lie on the table. certification for which the Administrator has not made a determination as of the date CHOSEN SA 4513. Mr. JOHANNS submitted an amendment intended to be proposed to that is 60 days after the date on which the Mr. REID submitted the following amendment SA 4500 proposed by Mr. REID application was submitted or initiated, resolution; which was considered and (for Mr. LEMIEUX (for himself, Ms. LANDRIEU, which shall include a plan and timetable for agreed to: Mr. MERKLEY, Mrs. BOXER, Ms. CANTWELL, ensuring the timely processing of the appli- cations; and S. RES. 594 Ms. KLOBUCHAR, and Mrs. MURRAY)) to the amendment SA 4499 proposed by Mr. REID (4) develop measures and implement plans Resolved, That the following shall con- (for Mr. BAUCUS) to the bill H.R. 5297, supra; to assess the effectiveness of the HUBZone stitute the majority party’s membership on which was ordered to lie on the table. program that— the following committees for the One Hun- (A) require the identification of a baseline dred Eleventh Congress, or until their suc- f point in time to allow the assessment of eco- cessors are chosen: TEXT OF AMENDMENTS nomic development under the HUBZone pro- COMMITTEE ON APPROPRIATIONS: Mr. gram, including creating additional jobs; and Inouye (Chairman), Mr. Leahy, Mr. Harkin, SA 4508. Mr. BOND submitted an (B) take into account— Ms. Mikulski, Mr. Kohl, Mrs. Murray, Mr. amendment intended to be proposed to (i) the economic characteristics of the Dorgan, Mrs. Feinstein, Mr. Durbin, Mr. amendment SA 4499 proposed by Mr. HUBZone; and Johnson, Ms. Landrieu, Mr. Reed, Mr. Lau- REID (for Mr. BAUCUS) to the bill H.R. (ii) contracts being counted under multiple tenberg, Mr. Nelson (Nebraska), Mr. Pryor, 5297, to create the Small Business socioeconomic subcategories. Mr. Tester, Mr. Specter, Mr. Brown (Ohio). (d) EMPLOYMENT PERCENTAGE.—Section COMMITTEE ON ARMED SERVICES: Mr. Lending Fund Program to direct the 3(p) of the Small Business Act (15 U.S.C. Levin (Chairman), Mr. Lieberman, Mr. Reed, Secretary of the Treasury to make cap- 632(p)) is amended— Mr. Akaka, Mr. Nelson (Florida), Mr. Nelson ital investments in eligible institu- (1) in paragraph (5), by adding at the end (Nebraska), Mr. Bayh, Mr. Webb, Mrs. tions in order to increase the avail- the following:

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‘‘(E) EMPLOYMENT PERCENTAGE DURING IN- (i) Section 164(f) of such Code is amended tion. The Director of the Office of Manage- TERIM PERIOD.— adding at the end the following new para- ment and Budget shall report to each con- ‘‘(i) DEFINITION.—In this subparagraph, the graph: gressional committee the amounts so re- term ‘interim period’ means the period be- ‘‘(3) SPECIAL RULE FOR 2010 AND 2011.—In the scinded within the jurisdiction of such com- ginning on the date on which the Adminis- case of taxable years beginning after Decem- mittee. trator determines that a HUBZone small ber 31, 2009, and before January 1, 2012, the business concern is qualified under subpara- deduction allowed under paragraph (1) with SA 4511. Mr. HATCH submitted an graph (A) and ending on the day before the respect to taxes imposed by section 1401(a) amendment intended to be proposed to date on which a contract under the HUBZone shall equal to two-thirds of the taxes so amendment SA 4500 proposed by Mr. program for which the HUBZone small busi- paid.’’. REID (for Mr. LEMIEUX (for himself, Ms. ness concern submits a bid is awarded. (ii) Section 1402(a)(12)(B) of such Code is LANDRIEU, Mr. MERKLEY, Mrs. BOXER, ‘‘(ii) INTERIM PERIOD.—During the interim amended by inserting ‘‘(in the case of tax- period, the Administrator may not deter- able years beginning after December 31, 2009, Ms. CANTWELL, Ms. KLOBUCHAR, and mine that a HUBZone small business is not and before January 1, 2012, two-thirds of the Mrs. MURRAY)) to the amendment SA qualified under subparagraph (A) based on a taxes of the rate imposed by section 1401(a) 4499 proposed by Mr. REID (for Mr. BAU- failure to meet the applicable employment and one-half of the rate imposed by section CUS) to the bill H.R. 5297, to create the percentage under subparagraph (A)(i)(I), un- 1401(b))’’ after ‘‘year’’. Small Business Lending Fund Program less the HUBZone small business concern— (b) FUNDING FROM GENERAL FUND.—There to direct the Secretary of the Treasury ‘‘(I) has not attempted to maintain the ap- are hereby appropriated to the Federal Old- to make capital investments in eligible plicable employment percentage under sub- Age and Survivors Trust Fund and the Fed- institutions in order to increase the paragraph (A)(i)(I); or eral Disability Insurance Trust Fund estab- ‘‘(II) does not meet the applicable employ- lished under section 201 of the Social Secu- availability of credit for small busi- ment percentage— rity Act (42 U.S.C. 401) amounts equal to the nesses, to amend the Internal Revenue ‘‘(aa) on the date on which the HUBZone reduction in revenues to the Treasury by Code of 1986 to provide tax incentives small business concern submits a bid for a reason of the amendments made by para- for small business job creation, and for contract under the HUBZone program; or graphs (1) and (2)(A) of subsection (a) . other purposes; which was ordered to ‘‘(bb) on the date on which the HUBZone Amounts appropriated by the preceding sen- lie on the table; as follows: small business concern is awarded a contract tence shall be transferred from the general At the end of subtitle A of title II, insert under the HUBZone program.’’; and fund at such times and in such manner as to the following: (2) by adding at the end the following: replicate to the extent possible the transfers PART V—OTHER PROVISIONS ‘‘(8) HUBZONE PROGRAM.—The term which would have occurred to such Trust ‘HUBZone program’ means the program es- Fund had such amendments not been en- SEC. llll. RESEARCH CREDIT. tablished under section 31. acted. (a) IN GENERAL.—Subparagraph (B) of sec- ‘‘(9) HUBZONE MAP.—The term ‘HUBZone (c) USE OF STIMULUS FUNDS TO OFFSET tion 41(h)(1) of the Internal Revenue Code of map’ means the map used by the Administra- LOSS IN REVENUES.—The unobligated balance 1986 is amended by striking ‘‘December 31, tion to identify HUBZones.’’. of each amount appropriated or made avail- 2009’’ and inserting ‘‘December 31, 2010’’. (e) REDESIGNATED AREAS.—Section able under the American Recovery and Rein- (b) CONFORMING AMENDMENT.—Subpara- 3(p)(4)(C)(i) of the Small Business Act (15 vestment Act of 2009 (Public Law 111–5) graph (D) of section 45C(b)(1) of such Code is U.S.C. 632(p)(4)(C)(i)) is amended to read as (other than under title X of division A of amended by striking ‘‘December 31, 2009’’ and follows: such Act) is rescinded pro rata such that the inserting ‘‘December 31, 2010’’. ‘‘(i) 3 years after the first date on which aggregate amount of such rescissions equals (c) EFFECTIVE DATE.—The amendments the Administrator publishes a HUBZone map the reduction in revenues to the Treasury by made by this section shall apply to amounts that is based on the results from the 2010 de- reason of the amendments made by para- paid or incurred after December 31, 2009. cennial census; or’’. graphs (1) and (2)(A) of subsection (a). The Director of the Office of Management and SA 4512. Mr. ROBERTS submitted an SA 4509. Mr. McCAIN submitted an Budget shall report to each congressional amendment intended to be proposed to amendment intended to be proposed by committee the amounts so rescinded within amendment SA 4500 proposed by Mr. him to the bill H.R. 5297, to create the the jurisdiction of such committee. REID (for Mr. LEMIEUX (for himself, Ms. LANDRIEU, Mr. MERKLEY, Mrs. BOXER, Small Business Lending Fund Program Mr. MCCAIN submitted an SA 4510. Ms. CANTWELL, Ms. KLOBUCHAR, and to direct the Secretary of the Treasury amendment intended to be proposed by Mrs. MURRAY)) to the amendment SA to make capital investments in eligible him to the bill H.R. 5297, to create the 4499 proposed by Mr. REID (for Mr. BAU- institutions in order to increase the Small Business Lending Fund Program CUS) to the bill H.R. 5297, to create the availability of credit for small busi- to direct the Secretary of the Treasury nesses, to amend the Internal Revenue Small Business Lending Fund Program to make capital investments in eligible to direct the Secretary of the Treasury Code of 1986 to provide tax incentives institutions in order to increase the for small business job creation, and for to make capital investments in eligible availability of credit for small busi- institutions in order to increase the other purposes; which was ordered to nesses, to amend the Internal Revenue lie on the table; as follows: availability of credit for small busi- Code of 1986 to provide tax incentives nesses, to amend the Internal Revenue At the appropriate place, insert the fol- for small business job creation, and for lowing: Code of 1986 to provide tax incentives other purposes; which was ordered to for small business job creation, and for SEC. lll. REDUCTION IN SOCIAL SECURITY lie on the table; as follows: PAYROLL TAXES. other purposes; which was ordered to At the appropriate place, insert the fol- lie on the table; as follows: (a) IN GENERAL.— lowing: (1) EMPLOYER TAXES.—The table in section At the end, add the following: SEC. lll. PERMANENT EXTENSION OF RE- 3101(a) of the Internal Revenue Code of 1986 SEARCH CREDIT. PART l—MISCELLANEOUS is amended to read as follows: (a) IN GENERAL.—Section 41 of the Internal SEC. lll. SENSE OF THE SENATE REGARDING ‘‘In the case of wages re- The rate shall Revenue Code of 1986 is amended by striking THE RECESS APPOINTMENT OF DR. ceived during: be: subsection (h). DONALD BERWICK. 2010 and 2011 ...... 3.1 percent (b) CONFORMING AMENDMENT.—Paragraph (a) FINDINGS.—The Senate makes the fol- 2012 or thereafter ...... 6.2 percent’’. (1) of section 45C(b) of the Internal Revenue lowing findings: Code of 1986 is amended by striking subpara- (1) On April 19, 2010, the President nomi- (2) SELF-EMPLOYMENT TAXES.— graph (D). nated Dr. Donald Berwick to serve as the Ad- (A) IN GENERAL.—The table in section (c) EFFECTIVE DATE.—The amendments ministrator of the Centers for Medicare & 1401(a) of such Code is amended to read as made by this section shall apply to taxable Medicaid Services (in this section referred to follows: years beginning after December 31, 2009. as ‘‘CMS’’) in the Department of Health and (d) USE OF STIMULUS FUNDS TO OFFSET Human Services. As of that date, the posi- ‘‘In the case of a LOSS IN REVENUES.—The unobligated balance tion was vacant for the first 16 months of the taxable year be- And before: Percent of each amount appropriated or made avail- Obama Administration. ginning after: able under the American Recovery and Rein- (2) Since that date, Dr. Berwick has been vestment Act of 2009 (Public Law 111–5) undergoing the bipartisan nomination inves- December 31, 2009 January 1, 9.3 (other than under title X of division A of tigation review process of the Committee on 2012. such Act) is rescinded pro rata such that the Finance of the Senate (in this section re- December 31, 2011 ...... 12.40’’. aggregate amount of such rescissions equals ferred to as the ‘‘Senate Finance Com- the reduction in revenues to the Treasury by mittee’’) and there has been ongoing activity (B) CONFORMING AMENDMENTS.— reason of the amendments made by this sec- as the Senate Finance Committee continues

VerDate Mar 15 2010 04:10 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.042 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6224 CONGRESSIONAL RECORD — SENATE July 22, 2010 to gather and review information from Dr. Code of 1986 to provide tax incentives during the session of the Senate, to Berwick. for small business job creation, and for conduct a hearing entitled ‘‘Workplace (3) The Senate Finance Committee review other purposes; which was ordered to Safety and Worker Protections at BP’’ process for the Berwick nomination was pro- lie on the table; as follows: on July 22, 2010. The hearing will com- ceeding normally. A hearing on the nomina- mence at 10 a.m. in room 430 of the tion of Dr. Berwick had been requested and At the end, add the following: no objections had been raised to having the PART IV—ADDITIONAL PROVISIONS Dirksen Senate Office Building. The PRESIDING OFFICER. Without hearing. SEC. llll. REPEAL OF EXPANSION OF INFOR- (4) On July 7, 2010, less than 3 months after MATION REPORTING REQUIRE- objection, it is so ordered. the nomination and without a Senate Fi- MENTS. COMMITTEE ON INDIAN AFFAIRS nance Committee hearing taking place, the Section 9006 of the Patient Protection and Mr. HARKIN. Mr. President, I ask President recess-appointed Dr. Berwick to Affordable Care Act, and the amendments unanimous consent that the Com- serve as the Administrator of CMS. Dr. Ber- made thereby, are hereby repealed; and the mittee on Indian Affairs be authorized wick was sworn in on July 12, 2010. Internal Revenue Code of 1986 shall be ap- to meet during the session of the Sen- (5) The appointment of the Administrator plied as if such section, and amendments, ate on July 22, 2010, at 10:30 a.m. in of CMS is subject to Senate confirmation had never been enacted. room 628 of the Dirksen Senate Office under article II, section 2, clause 2 of the SEC. llll. EXPANSION OF AFFORDABILITY EX- Constitution. Dr. Berwick’s nomination was CEPTION TO INDIVIDUAL MANDATE. Building. referred to the Senate Finance Committee Section 5000A(e)(1)(A) of the Internal Rev- The PRESIDING OFFICER. Without which has jurisdiction over health programs enue Code of 1986 is amended by striking ‘‘8 objection, it is so ordered. under the Social Security Act and the re- percent’’ and inserting ‘‘5 percent’’. AD HOC SUBCOMMITTEE ON STATE, LOCAL, AND sponsibility to examine Presidential nomi- SEC. llll. USE OF PREVENTION AND PUBLIC PRIVATE SECTOR PREPAREDNESS AND INTE- nees related to these programs. HEALTH FUND. GRATION (6) It is especially true that Dr. Berwick’s (a) USE OF FUNDS AS OFFSET THROUGH FIS- Mr. HARKIN. Mr. President, I ask nomination should have undergone the Sen- CAL YEAR 2017.—Section 4002(b) of the Pa- unanimous consent that the Ad Hoc ate Finance Committee nomination review tient Protection and Affordable Care Act is Subcommittee on State, Local, and process in light of the significant respon- amended by striking ‘‘appropriated—’’ and Private Sector Preparedness and Inte- sibilities of the Administrator of CMS. all that follows and inserting ‘‘appropriated, gration of the Committee on Homeland (7) CMS is responsible for the health care for fiscal year 2018, and each fiscal year Security and Governmental Affairs be of more than 100,000,000 Americans, and is thereafter, $2,000,000,000’’. authorized to meet during the session one of the largest agencies in the Federal (b) EFFECTIVE DATE.—The amendment Government. made by this section shall take effect as if of the Senate on July 22, 2010, at 10 (8) The recently enacted Patient Protec- included in the enactment of section 4002 of a.m. to conduct a hearing entitled, ‘‘A tion and Affordable Care Act (commonly re- the Patient Protection and Affordable Care Review of Disaster Medical Prepared- ferred to as the ‘‘health care reform law’’) Act. ness: Improving Coordination and Col- significantly increases the responsibilities of SEC. llll. TIME FOR PAYMENT OF COR- laboration in the Delivery of Medical CMS, including half a trillion dollars in PORATE ESTIMATED TAXES. Assistance during Disasters.’’ Medicare provider cuts and the largest ex- The percentage under paragraph (2) of sec- The PRESIDING OFFICER. Without pansion of the Medicaid program since its in- tion 561 of the Hiring Incentives to Restore objection, it is so ordered. ception. Employment Act in effect on the date of the SUBCOMMITTEE ON CLEAN AIR AND NUCLEAR (9) The manner in which an individual enactment of this Act is increased by 4.25 SAFETY nominated to serve as the Administrator of percentage points. CMS intends to carry out these responsibil- Mr. HARKIN. Mr. President, I ask f ities is a serious matter and warrants a thor- unanimous consent that the Sub- ough review. A thorough review is especially AUTHORITY FOR COMMITTEES TO committee on Clean Air and Nuclear needed for Dr. Berwick’s appointment in MEET Safety of the Committee on Environ- light of statements he has made in the past ment and Public Works be authorized COMMITTEE ON COMMERCE, SCIENCE, AND about health care rationing as well as the to meet during the session of the Sen- TRANSPORTATION role of government in health care. ate on July 22, 2010, at 9:15 a.m. in Mr. HARKIN. Mr. President, I ask (10) By recess-appointing Dr. Berwick, the room 406 of the Dirksen Office Build- unanimous consent that the Com- President has attempted to short circuit the ing. requirement of article II, section 2, clause 2 mittee on Commerce, Science, and The PRESIDING OFFICER. Without of the Constitution that he appoint officers Transportation be authorized to meet objection, it is so ordered. of the United States ‘‘by and with the Advice during the session of the Senate on SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- and Consent of the Senate’’. July 22, 2010, in room 253 of the Russell (b) SENSE OF THE SENATE.—It is the sense AGEMENT, GOVERNMENT INFORMATION, FED- of the Senate that— Senate Office Building. ERAL SERVICES, AND INTERNATIONAL SECU- (1) the recess appointment of Dr. Donald The PRESIDING OFFICER. Without RITY Berwick, while consideration of his nomina- objection, it is so ordered. Mr. HARKIN. Mr. President, I ask tion to serve as Administrator of CMS was COMMITTEE ON ENERGY AND NATURAL unanimous consent that the Com- proceeding normally through the Senate Fi- RESOURCES mittee on Homeland Security and Gov- nance Committee nomination review proc- Mr. HARKIN. Mr. President, I ask ernmental Affairs’ Subcommittee on ess, constitutes an abuse of power by the unanimous consent that the Com- Federal Financial Management, Gov- President; and (2) notwithstanding his recess appointment mittee on Energy and Natural Re- ernment Information, Federal Serv- to that position, Dr. Donald Berwick should sources be authorized to meet during ices, and International Security be au- appear before the Senate Finance Committee the session of the Senate on July 22, thorized to meet during the session of and respond to questions by members about 2010, at 11 a.m., in room SD–366 of the the Senate on July 22, 2010, at 2:30 p.m. his qualifications to serve as Administrator Dirksen Senate Office Building. to conduct a hearing entitled, ‘‘The of CMS. The PRESIDING OFFICER. Without Gulf of Mexico Oil Spill: Ensuring a Fi- objection, it is so ordered. nancially Responsible Recovery Part SA 4513. Mr. JOHANNS submitted an COMMITTEE ON FOREIGN RELATIONS II.’’ amendment intended to be proposed to The PRESIDING OFFICER. Without Mr. HARKIN. Mr. President, I ask amendment SA 4500 proposed by Mr. objection, it is so ordered. REID (for Mr. LEMIEUX (for himself, Ms. unanimous consent that the Com- f LANDRIEU, Mr. MERKLEY, Mrs. BOXER, mittee on Foreign Relations be author- Ms. CANTWELL, Ms. KLOBUCHAR, and ized to meet during the session of the PRIVILEGES OF THE FLOOR Mrs. MURRAY)) to the amendment SA Senate on July 22, 2010, at 10 a.m. Mr. HARKIN. Mr. President, I ask 4499 proposed by Mr. REID (for Mr. BAU- The PRESIDING OFFICER. Without unanimous consent that Katie Meehan, CUS) to the bill H.R. 5297, to create the objection, it is so ordered. Johanna Lucas, Abby Richardson, Small Business Lending Fund Program COMMITTEE ON HEALTH, EDUCATION, LABOR, Kevin O’Brien, and Stephanie Rapp of to direct the Secretary of the Treasury AND PENSIONS my staff be granted floor privileges for to make capital investments in eligible Mr. HARKIN. Mr. President, I ask the rest of today’s session. institutions in order to increase the unanimous consent that the Com- The ACTING PRESIDENT pro tem- availability of credit for small busi- mittee on Health, Education, Labor, pore. Without objection, it is so or- nesses, to amend the Internal Revenue and Pensions be authorized to meet dered.

VerDate Mar 15 2010 04:10 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.049 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6225 NATIONAL SEPTEMBER 11 MEMO- to make extraordinary contributions in all Today, thousands of nurse practi- RIAL & MUSEUM COMMEMORA- facets of American life; tioners, physician assistants, and phy- TIVE MEDAL ACT Whereas the mission of the National Mu- sicians provide care in convenient care seum of American Jewish History, an affil- clinics. At a time when Americans are Mr. DURBIN. Mr. President, I ask iate of the Smithsonian Institution, is to unanimous consent that the Senate connect Jewish people more closely to their more and more challenged by the inac- proceed to the immediate consider- heritage and to inspire in individuals of all cessibility and high costs of health ation of H.R. 4684, which was received backgrounds a greater appreciation for the care, convenient care offers a vital, from the House and is at the desk. diversity of the American experience and the high-quality primary care alternative. The PRESIDING OFFICER. The freedoms to which all Americans aspire; A resolution will help pave the way Whereas the National Museum of American clerk will report the bill by title. for this effort. I ask my colleagues to Jewish History was founded in 1976 by mem- join me in supporting this tribute to The assistant legislative clerk read bers of the historic Congregation Mikveh as follows: Israel, which was itself established in 1740 convenient care clinics. A bill (H.R. 4684) to require the Secretary and known as the ‘‘Synagogue of the Amer- Mr. DURBIN. Mr. President, I ask of the Treasury to strike medals in com- ican Revolution’’; unanimous consent that the resolution memoration of the 10th anniversary of the Whereas the National Museum of American be agreed to, the preamble be agreed September 11, 2001, terrorist attacks on the Jewish History has attracted a broad audi- to, the motions to reconsider be laid United States and the establishment of the ence to its public programs, which explore upon the table, with no intervening ac- National September 11 Memorial & Museum American Jewish identity through lectures, tion or debate, and that any state- at the World Trade Center. panel discussions, authors’ talks, films, ac- ments relating to the resolution be There being no objection, the Senate tivities for children, theater, and music; Whereas the National Museum of American printed in the RECORD. proceeded to consider the bill. Jewish History is the repository of the larg- The PRESIDING OFFICER. Without Mr. DURBIN. Mr. President, I ask est collection of Jewish Americana in the objection, it is so ordered. unanimous consent that the bill be world, with more than 25,000 objects; and The resolution (S. Res. 585) was read three times and passed, the mo- Whereas the National Museum of American agreed to. tion to reconsider be laid upon the Jewish History will soon be relocated to a The preamble was agreed to. 100,000-square-foot, 5-story, state-of-the-art table, with no intervening action or de- The resolution, with its preamble, bate, and that any statements relating facility on Independence Mall in Philadel- phia, Pennsylvania, standing just steps from reads as follows: to the bill be printed in the RECORD. the Liberty Bell and Independence Hall, S. RES. 585 The PRESIDING OFFICER. Without which shall serve as a cornerstone of the objection, it is so ordered. Whereas convenient care clinics are health American Jewish community and a source of care facilities located in high-traffic retail The bill (H.R. 4684) was ordered to a national pride: Now, therefore, be it outlets that provide affordable and acces- third reading, was read the third time, Resolved, That the Senate— sible care to patients who might otherwise and passed. (1) acknowledges the importance of the be delayed or unable to schedule an appoint- continuing study and preservation of the ment with a traditional primary care pro- f unique American Jewish experience; and vider; NATIONAL MUSEUM OF AMERICAN (2) recognizes the National Museum of Whereas millions of people in the United JEWISH HISTORY American Jewish History, an affiliate of the States do not have a primary care provider, Smithsonian Institution, as the only mu- and there is a worsening primary care short- Mr. DURBIN. Mr. President, I ask seum in the United States dedicated exclu- age that will prevent many people from ob- unanimous consent that the Rules sively to exploring and preserving the Amer- taining one in the future; Committee be discharged from further ican Jewish experience and, as such, des- Whereas convenient care clinics have pro- consideration of S. Res. 546, and the ignates it as the national museum of Amer- vided an accessible alternative for more than Senate proceed to its immediate con- ican Jewish history. 15,000,000 people in the United States since sideration. f the first clinic opened in 2000, continue to ex- The PRESIDING OFFICER. Without pand rapidly, and as of June 2010 consist of NATIONAL CONVENIENT CARE approximately 1,100 clinics in 35 States; objection, it is so ordered. The clerk CLINIC WEEK Whereas convenient care clinics follow will report the resolution by title. Mr. DURBIN. Mr. President, I ask rigid industry-wide quality of care and safe- The assistant legislative clerk read ty standards; as follows: unanimous consent that the Judiciary Whereas convenient care clinics are staffed Committee be discharged from further A resolution (S. Res. 546) recognizing the by highly qualified health care providers, in- National Museum of American Jewish His- consideration of S. Res. 585, and the cluding advanced practice nurses, physician tory, an affiliate of the Smithsonian Institu- Senate proceed to its immediate con- assistants, and physicians; tion, as the only museum in the United sideration. Whereas convenient care clinicians all States dedicated exclusively to exploring The PRESIDING OFFICER. Without have advanced education in providing qual- and preserving the American Jewish experi- objection, it is so ordered. The clerk ity health care for common episodic ail- ence. will report the resolution by title. ments including cold and flu, skin irritation, and muscle strains or sprains, and can also There being no objection, the Senate The assistant legislative clerk read provide immunizations, physicals, and pre- proceeded to consider the resolution. as follows: ventive health screening; Mr. DURBIN. Mr. President, I ask A resolution (S. Res. 585) designating the Whereas convenient care clinics are proven unanimous consent that the resolution week of August 2 through August 8, 2010, as to be a cost-effective alternative to similar be agreed to, the preamble be agreed ‘‘National Convenient Care Clinic Week,’’ treatment obtained in physician offices, ur- to, the motions to reconsider be laid and supporting the goals and ideals of rais- gent care, or emergency departments; and upon the table en bloc, and that any ing awareness of the need for accessible and Whereas convenient care clinics com- statements relating to the resolution cost-effective health care options to com- plement traditional medical service pro- plement the traditional health care model. viders by providing extended weekday and be printed in the RECORD. weekend hours without the need for an ap- The PRESIDING OFFICER. Without There being no objection, the Senate proceeded to consider the resolution. pointment, short wait times, and visits that objection, it is so ordered. generally last only 15 to 20 minutes: Now, The resolution (S. Res. 546) was Mr. INOUYE. Mr. President, today I therefore, be it agreed to. rise to recognize all of the providers Resolved, That the Senate— The preamble was agreed to. who work in retail-based convenient (1) designates the week of August 2 The resolution, with its preamble, care clinics in a resolution to designate through August 8, 2010, as ‘‘National Conven- reads as follows: August 2 through August 8, 2010, as Na- ient Care Clinic Week’’; tional Convenient Care Clinic Week. (2) supports the goals and ideals of Na- S. RES. 546 National Convenient Care Clinic Week tional Convenient Care Clinic Week to raise Whereas the National Museum of American will provide a national platform from awareness of the need for accessible and Jewish History serves to illustrate how the cost-effective health care options to com- freedom present in the United States and its which to promote the pivotal services plement the traditional health care model; associated choices, challenges, and respon- offered by the more than 1,100 retail- (3) recognizes the obstacles many people in sibilities fostered an environment in which based convenient care clinics in the the United States face in accessing the tradi- Jewish Americans have made and continue United States. tional medical home model of health care;

VerDate Mar 15 2010 04:10 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\G22JY6.107 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE S6226 CONGRESSIONAL RECORD — SENATE July 22, 2010 (4) encourages the use of convenient care Whereas the heroism, commitment, and MAKING COMMITTEE clinics as a complementary alternative to valor demonstrated by the Montford Point ASSIGNMENTS the medical home model of health care; and Marines— (5) calls on the States to support the estab- (1) changed the negative attitudes of the Mr. DURBIN. Mr. President, there is lishment of convenient care clinics so that military leadership toward African-Ameri- a resolution at the desk, and I ask for more people in the United States will have cans; and its consideration. access to the cost-effective and necessary (2) inspired the untiring service of future The PRESIDING OFFICER. The emergent and preventive services provided in generations of African-Americans in the clerk will report the title of the resolu- the clinics. United States Marine Corps; tion. f Whereas in July 1948, President Harry S. The legislative clerk read as follows: Truman issued Executive Order 9981, which MONTFORD POINT MARINES DAY ended segregation in the military; A resolution (S. Res. 594) to constitute the Mr. DURBIN. Mr. President, I ask Whereas in September 1949, the Montford majority party’s membership on certain Marine Camp was deactivated, ending 7 years committees for the One Hundred Eleventh unanimous consent that the Judiciary Congress, or until their successors are cho- Committee be discharged from further of segregation in the Marine Corps; Whereas in September 1965, over 400 former sen. consideration of and the Senate now and active duty Marines met in Philadel- There being no objection, the Senate proceed to S. Res. 587. phia, Pennsylvania at a reunion to honor the proceeded to consider the resolution. The PRESIDING OFFICER. Without Montford Point Marines, leading to the es- Mr. DURBIN. Mr. President, I ask objection, it is so ordered. tablishment of the Montford Point Marine The clerk will report resolution by unanimous consent that the resolution Association; be agreed to and the motion to recon- title. Whereas 2010 marks the 45th anniversary of The assistant legislative clerk read the establishment of the Montford Point Ma- sider be laid upon the table. as follows: rine Association; and The PRESIDING OFFICER. Without objection, it is so ordered. A resolution (S. Res. 587) designating Au- Whereas the sacrifices, dedication to coun- gust 26, 2010, as ‘‘Montford Point Marines try, and perseverance of the African-Amer- The resolution (S. Res. 594) was Day.’’ ican Marines trained at Montford Point agreed to, as follows: Camp are duly honored and should never be S. RES. 594 There being no objection, the Senate forgotten: Now, therefore be it proceeded to consider the resolution. Resolved, That the Senate— Resolved, That the following shall con- Mr. DURBIN. I ask unanimous con- (1) designates August 26, 2010, as ‘‘Montford stitute the majority party’s membership on sent that the resolution be agreed to, Point Marines Day’’; the following committees for the One Hun- the preamble be agreed to, and the mo- (2) honors the 68th anniversary of the first dred Eleventh Congress, or until their suc- day African-American recruits began train- cessors are chosen: tions to reconsider be laid upon the COMMITTEE ON APPROPRIATIONS: Mr. table. ing at Montford Point; (3) recognizes the work of the members of Inouye (Chairman), Mr. Leahy, Mr. Harkin, The PRESIDING OFFICER. Without Ms. Mikulski, Mr. Kohl, Mrs. Murray, Mr. objection, it is so ordered. the Montford Point Marine Association— (A) in honoring the legacy and history of Dorgan, Mrs. Feinstein, Mr. Durbin, Mr. The resolution (S. Res. 587) was the United States Marine Corps; and Johnson, Ms. Landrieu, Mr. Reed, Mr. Lau- agreed to. (B) in ensuring that the sense of duty tenberg, Mr. Nelson (Nebraska), Mr. Pryor, The preamble was agreed to. shared by the Montford Point Marines is Mr. Tester, Mr. Specter, Mr. Brown (Ohio). The resolution, with its preamble, passed along to future generations; COMMITTEE ON ARMED SERVICES: Mr. reads as follows: (4) recognizes that— Levin (Chairman), Mr. Lieberman, Mr. Reed, Mr. Akaka, Mr. Nelson (Florida), Mr. Nelson S. RES. 587 (A) the example set by the Montford Point Marines who served during World War II (Nebraska), Mr. Bayh, Mr. Webb, Mrs. Whereas, on June 25, 1941, President Frank- McCaskill, Mr. Udall (Colorado), Mrs. Hagan, lin D. Roosevelt issued Executive Order 8802, helped to shape the United States Marine Corps; and Mr. Begich, Mr. Burris, Mr. Bingaman, Mr. which established the fair employment prac- Kaufman, Mr. Goodwin. tices that began to erase discrimination in (B) the United States Marine Corps pro- vides an excellent opportunity for the ad- COMMITTEE ON THE BUDGET: Mr. the Armed Forces; Conrad (Chairman), Mrs. Murray, Mr. Whereas in 1942, President Franklin D. vancement for persons of all races; and (5) expresses the gratitude of the Senate to Wyden, Mr. Feingold, Mr. Nelson (Florida), Roosevelt issued a Presidential Directive Ms. Stabenow, Mr. Cardin, Mr. Sanders, Mr. that integrated the United States Marine the Montford Point Marines for fighting for the freedom of the United States and the lib- Whitehouse, Mr. Warner, Mr. Merkley, Mr. Corps; Begich, Mr. Goodwin. Whereas approximately 20,000 African- eration of people of the Pacific, despite the practices of segregation and discrimination. COMMITTEE ON HEALTH, EDUCATION, American Marines received basic training at LABOR AND PENSIONS: Mr. Harkin (Chair- Montford Point in the State of North Caro- man), Mr. Dodd, Ms. Mikulski, Mr. Binga- lina between 1942 and 1949; f man, Mrs. Murray, Mr. Reed, Mr. Sanders, Whereas the African-American Marines Mr. Casey, Mrs. Hagan, Mr. Merkley, Mr. trained at Montford Point became known as MEASURE READ THE FIRST Franken, Mr. Bennet, Mr. Goodwin. the Montford Point Marines; TIME—S. 3643 COMMITTEE ON RULES AND ADMINIS- Whereas the African-American volunteers TRATION: Mr. Schumer (Chairman), Mr. who enlisted in the United States Marine Mr. DURBIN. Mr. President, I under- Inouye, Mr. Dodd, Mrs. Feinstein, Mr. Dur- Corps during World War II— stand S. 3643, introduced earlier today bin, Mr. Nelson (Nebraska), Mrs. Murray, Mr. (1) joined the United States Marine Corps by Senator MCCONNELL, is at the desk, Pryor, Mr. Udall (New Mexico), Mr. Warner, to demonstrate their commitment to the Mr. Goodwin. United States, despite the practice of seg- and I ask for its first reading. regation; The PRESIDING OFFICER. The f clerk will read the title of the bill for (2) served the United States in a most hon- ORDERS FOR MONDAY, JULY 26, orable fashion; the first time. 2010 (3) defied unwarranted stereotypes; and The assistant legislative clerk read (4) achieved distinction through brave and as follows: Mr. DURBIN. Mr. President, I ask honorable service; A bill (S. 3643) to amend the Outer Conti- unanimous consent that when the Sen- Whereas, during World War II, African- ate completes its business today, it ad- American Marine Corps units fought and nental Shelf Lands Act to reform the man- served in the Pacific theatre, participating agement of energy and mineral resources on journ until 3 p.m. on Monday, July 26; in the liberation of the Ellice Islands, the the Outer Continental Shelf, to improve oil that following the prayer and pledge, Eniwetok Atoll, the Marshall Islands, the spill compensation, to terminate the mora- the Journal of proceedings be approved Kwajalein Atoll, Iwo Jima, Peleliu, the Mar- torium on deepwater drilling, and for other to date, the morning hour be deemed ianas Islands, Saipan, Tinian, Guam, and purposes. expired, the time for the two leaders be Okinawa; Mr. DURBIN. Mr. President, I now reserved for their use later in the day, Whereas Robert Sherrod, a correspondent ask for its second reading, and I object and following any leader remarks the for Time magazine in the central Pacific to my own request. Senate resume consideration of the during World War II, wrote that the African- American Marines that entered combat for The PRESIDING OFFICER. Objec- motion to proceed to S. 3628, the DIS- the first time in Saipan were worthy of a 4.0 tion is heard. CLOSE Act. combat performance rating, the highest per- The bill will be read for the second The PRESIDING OFFICER. Without formance rating given by the Navy; time on the next legislative day. objection, it is so ordered.

VerDate Mar 15 2010 04:10 Jul 23, 2010 Jkt 089060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A22JY6.015 S22JYPT1 tjames on DSKG8SOYB1PROD with SENATE July 22, 2010 CONGRESSIONAL RECORD — SENATE S6227 PROGRAM tion to invoke cloture on the motion to ask unanimous consent the Senate proceed to the DISCLOSE Act. stand adjourned under the previous Mr. DURBIN. Mr. President, there f order. will be no rollcall votes during Mon- day’s session of the Senate. The next ADJOURNMENT UNTIL MONDAY, There being no objection, the Senate, vote will occur at 2:45 p.m. on Tuesday, JULY 26, 2010, AT 3 P.M. at 11:05 p.m., adjourned until Monday, July 27. That vote will be on the mo- Mr. DURBIN. If there is no further July 26, 2010, at 3 p.m. business to come before the Senate, I

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