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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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