Congressional Record E PL UR M IB NU U U S 111 th CONGRESS, SECOND SESSION United States of America PROCEEDINGS AND DEBATES OF THE Vol. 156 WASHINGTON, TUESDAY, JUNE 29, 2010 No. 99 Senate The Senate met at 10 a.m. and was Senator from the State of New Hampshire, Mr. REID. Madam President, I would called to order by the Honorable to perform the duties of the Chair. object to any further proceedings at JEANNE SHAHEEN, a Senator from the DANIEL K. INOUYE, this time. President pro tempore. State of New Hampshire. The ACTING PRESIDENT pro tem- Mrs. SHAHEEN thereupon assumed pore. Objection is heard. The bill will PRAYER the chair as Acting President pro tem- be placed on the calendar. The Chaplain, Dr. Barry C. Black, of- pore. Mr. REID. I suggest the absence of a fered the following prayer: f quorum. Let us pray. RECOGNITION OF THE MAJORITY The ACTING PRESIDENT pro tem- Our Father, the giver of every good LEADER pore. The clerk will call the roll. and perfect gift, we need Your power. The legislative clerk proceeded to The ACTING PRESIDENT pro tem- call the roll. Strengthen us for today’s challenges pore. The majority leader is recog- Mr. MCCONNELL. Madam President, and use us to glorify Your Name. nized. I ask unanimous consent that the order Empower our lawmakers to do Your will. Direct them in their labors, f for the quorum call be rescinded. strengthen them to meet each chal- SCHEDULE The ACTING PRESIDENT pro tem- lenge, and shield them from discour- pore. Without objection, it is so or- Mr. REID. Madam President, fol- dered. agement. May they not depart in lowing leader remarks, the Senate will words, thoughts, or deeds from Your f turn to a period of morning business, purposes for their lives. Lord, give with Senators allowed to speak for up RECOGNITION OF THE MINORITY them the wisdom to trade in the spirit to 10 minutes each. The majority will LEADER of self-importance for the spirit of self- control the first 30 minutes, the Repub- The ACTING PRESIDENT pro tem- sacrifice, inspired by the certainty that licans will control the next 30 minutes. pore. The Republican leader is recog- You are guiding their steps. Following leader remarks, the Senate nized. We pray in Your sacred Name. Amen. will resume consideration of the mo- f f tion to proceed to H.R. 5297, the small business jobs bill. The Senate will re- NOMINATION OF GENERAL DAVID PLEDGE OF ALLEGIANCE cess from 12:30 until 2:15 p.m. to allow PETRAEUS The Honorable JEANNE SHAHEEN led for the weekly caucus luncheons. At Mr. MCCONNELL. Madam President, the Pledge of Allegiance, as follows: 2:15, the Senate will proceed to a roll- the Senate’s confirmation hearing for I pledge allegiance to the Flag of the call vote on the motion to invoke clo- Gen. David Petraeus is now underway. United States of America, and to the Repub- ture on the motion to proceed to the Seeing Gen. Petraeus should remind all lic for which it stands, one nation under God, Small Business Jobs Act. of us of the successful counterinsur- indivisible, with liberty and justice for all. f gency campaign he led in Iraq and of f MEASURE PLACED ON THE the sacrifices made by coalition forces CALENDAR—H.R. 5175 there before and after the surge of APPOINTMENT OF ACTING forces in 2007. Regimental and brigade Mr. REID. Madam President, H.R. combat teams protected the population PRESIDENT PRO TEMPORE 5175 is at the desk and due for a second and fought hard battles while a The PRESIDING OFFICER. The reading. counterterrorism campaign, led by clerk will please read a communication The ACTING PRESIDENT pro tem- General McChrystal, was conducted to the Senate from the President pro pore. The clerk will read the title of against insurgent leaders. tempore (Mr. INOUYE). the bill for the second time. Today’s hearing also reminds us of The legislative clerk read the fol- The legislative clerk read as follows: the divisive debate that preceded that lowing letter: A bill (H.R. 5175) to amend the Federal successful counterinsurgency campaign U.S. SENATE, Election Campaign Act of 1971 to prohibit and of the skepticism and criticisms PRESIDENT PRO TEMPORE, foreign influence in Federal elections, to leveled against General Petraeus by Washington, DC, June 29, 2010. prohibit government contractors from mak- some of our colleagues across the aisle mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE To the Senate: ing expenditures with respect to such elec- Under the provisions of rule I, paragraph 3, tions, and to establish additional disclosure at the time. of the Standing Rules of the Senate, I hereby requirements with respect to spending in Fortunately, the critics did not pre- appoint the Honorable JEANNE SHAHEEN, a such elections, and for other purposes. vail, either in their attacks on General ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S5503 . VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5504 CONGRESSIONAL RECORD — SENATE June 29, 2010 Petraeus or in their calls for a hasty for up front so the promises to Amer- Veterans and taxpayers should be weary of withdrawal of troops based on political ica’s veterans are, in fact, kept. So I unpaid for, election year promises made by timelines rather than the security and object. Washington politicians. With the percentage of Americans approving of Congress’ per- stability of Iraq. The ACTING PRESIDENT pro tem- formance barely above single digits, more If we learned anything from that de- pore. Objection is heard. broken promises and red ink will only bring bate, it is that our national security Mr. MCCONNELL. I ask unanimous greater disdain to this institution. and the stability of the region out- consent that the letter from Senator I would, therefore, insist as a condition of weigh short-term political calcula- COBURN to myself on this matter be my consent for the passage of this bill that tions. printed in the RECORD. the new and expanded benefits in this legis- It is clear that our Nation’s efforts There being no objection, the mate- lation be paid for upfront so the promises it makes to veterans are kept. must be integrated in Afghanistan, just rial was ordered to be printed in the Again, thank you for protecting my rights as they were in Iraq. It is worth re- RECORD, as follows: regarding S. 1237, the Homeless Veterans and membering our forces in Afghanistan U.S. SENATE, Other Veterans Health Care Authorities Act have been conducting a counter- Washington, DC, June 24, 2010. of 2010. terrorism campaign for more than 8 Hon. MITCH MCCONNELL, Sincerely, years, and this has been insufficient to Minority Leader, U.S. Senate, TOM A. COBURN, M.D. keep the Taliban from regaining the Washington, DC. U.S. Senator. DEAR SENATOR MCCONNELL: I am request- The ACTING PRESIDENT pro tem- momentum in Afghanistan. American ing that I be consulted before the Senate en- and Afghan security forces must do pore. The Senator from Washington. ters into any unanimous-consent agreements more to ensure the Afghan populace Mrs. MURRAY. Madam President, I regarding S. 1237, the Homeless Veterans and that it will be protected, something un- Other Veterans Health Care Authorities Act again thank the Republican leader. I dermined by withdrawal deadlines. of 2010. know he is objecting on behalf of an- The surge of forces into Afghanistan I strongly believe we must honor our com- other Senator. I just wish to say that ordered by the President is not yet mitment to our nation’s veterans as well as this is such an important bill. complete. General Petraeus is the right our taxpayers. This means we must fulfill We had an amazing woman come and the promises made to veterans who made visit last week. Her name is Natalie, General to command this operation sacrifices defending our freedom, but in a fis- and she has two young children. She is and he should be confirmed quickly. cally responsible manner that doesn’t bank- Madam President, my understanding living in Issaquah, in my home State of rupt our country, endangering those very Washington. She has been through is that the senior Senator from Wash- freedoms for which they sacrificed. some very tough times. She is a Navy ington has a unanimous-consent re- This bill authorizes $3.4 billion in new spending over the next five years. Yet, the veteran. She is a single mom. She came quest she would like to propound. legislation does not reduce spending by other home from serving our country and The ACTING PRESIDENT pro tem- government programs to pay for this new ended up without a place to live, and pore. The Senator from Washington. spending. At this time, when our nation is they are now living on the streets. She, f projected to add more than a trillion dollars like any mom, wanted to do everything UNANIMOUS-CONSENT REQUEST— a year to our already unsustainable $13 tril- she could to take care of her kids and S. 1237 lion national debt, it is irresponsible to au- provide them the kind of quality of life thorize any new spending that is not paid for Mrs. MURRAY. Madam President, I every one of us does, but she could not because the end result will either be a false thank the Republican leader. promise to our veterans or a lower standard find a stable job or income and ended I came to the floor last week and of living for the children and grandchildren up on the streets. spoke in support of S. 1237, which is the of those veterans who will be burdened with Natalie became homeless in 2007 Homeless Veterans and Other Veterans the debt. when she could not find work and had I would like to pay for this legislation by to move out of the house she was stay- Health Care Authorities Act of 2010, an reducing lower priority and wasteful spend- ing in. extremely important and timely bill ing elsewhere in the government. There are Natalie wanted nothing more than to that will help many women, women many options to do this, including: provide her two children with the sta- with children, and men with children Eliminating nonessential government ble and loving home every family de- today who served our country, who travel which would save $10 billion over ten years; serves, so she fought to secure transi- have come home and do not have the Reducing unnecessary printing costs of tional housing, and she was very fortu- support and services they need and end government documents which would save nate to find a program called Hopelink up homeless on our streets. So I come $4.4 billion over ten years; in Washington State that gave her the to the Senate floor today to urge our Disposing of unneeded and unused govern- support she needed to get back on her colleagues to pass this bill quickly. ment property which would collect up to $15 feet. I ask unanimous consent that the billion; Natalie is now back in stable hous- Senate proceed to the immediate con- Eliminating bonuses to government con- ing, taking care of her children and ad- sideration of Calendar No. 360, S. 1237, tractors whose projects are over budget or vancing in her nursing career. She the Homeless Veterans and Other Vet- behind scheduled; Collecting $3 billion in unpaid federal taxes came to Washington, DC, last Tuesday erans Health Care Authorities Act; to help make sure no other family has from government employees, including near- that the committee-reported substitute to face the challenges she overcame so ly $2.5 million owed by Senate staff; and amendment be considered; that an Rescinding the $100 million increase Con- bravely. Akaka amendment, which is at the gress approved for its own budget this year. Unfortunately, not every family gets desk, be agreed to; the substitute There are also hundreds of duplicative, the support that Natalie’s did. amendment, as amended, be agreed to; outdated, and wasteful programs that could Homeless women veterans and home- the bill, as amended, be read a third be eliminated to pay for this bill. less veterans with children are two ter- time and passed; that the committee- Several months ago, the Senate passed S. 1963, the Caregivers and Veterans Omnibus ribly vulnerable groups that are grow- reported title amendment be agreed to; ing by the day. Health Services Act, which authorized $3.6 and that the motions to reconsider be billion in new caregiver benefits for some Back in my home State of Wash- laid upon the table, with no inter- veterans. At that time, I warned that unless ington, veterans service organizations vening action or debate. and homeless providers have told me mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE they bill was paid for—which I offered The ACTING PRESIDENT pro tem- amendments to do its—passage would be ‘‘an they are seeing more homeless vet- pore. Is there objection? empty promise to veterans and benefits no erans coming for help than ever before. Mr. MCCONNELL. Madam President, one except perhaps the career politicians And unfortunately, more and more of reserving the right to object, and I will who will claim credit for doing something to these veterans are women, have young have to object on behalf of my col- help veterans without really having to make children, or both. any difficult choices.’’ Unfortunately, I was league, Senator COBURN from Okla- In fact, female veterans are between right. homa, he has some concerns about this The same is likely to be true of this bill. It two and four times as likely to be legislation, particularly, as he indi- contains billions of dollars of additional homeless as their civilian counterparts cates in a letter I will ask to have promises which are unaffordable to tax- and they have unique needs and often printed in the RECORD, that it be paid payers and uncertain for veterans in need. require specialized services. VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5505 That is why I introduced the Home- men who are veterans coming home to What it is going to do, this first hur- less Women Veterans and Homeless young children. ricane, is make the seas choppy and Veterans with Children Act and it is So this is an extremely important the waves large, even that far away. As why it’s so important that we move piece of legislation. This had bipar- a result, the skimming operations are quickly to pass it. tisan support coming out of our com- going to be thwarted. My bill would take three big steps mittee. I will keep coming to the floor That brings me to the topic of the forward toward tackling the serious to ask for unanimous consent because I skimming operations. problems facing this vulnerable group. cannot go home and look at someone I am grateful, since the U.S. Navy First of all, it would make more who served our country with distinc- had identified 27 additional small front-line homeless service providers tion and honor who today is living on skimmers that are stationed in ports eligible to receive special needs grants. the street because the Senate is object- around the country, that those have This would help organizations in ing. I will just let my colleagues know now been tasked to come to our inland Washington State and across the coun- I will keep working on this because it waterways that are calm waters such try help support families like Natalie’s. is the right thing to do. as ports so that when the oil comes It would also expand special needs through the passes, through the inlets f and gets into those calm water bays, grants to cover homeless male veterans with children as well as the dependents RESERVATION OF LEADER TIME we will have those skimmers there po- of homeless veterans themselves. sitioned to try to get it skimmed up The ACTING PRESIDENT pro tem- before it gets into the marsh grasses. And it would extend the Department pore. Under the previous order, the of Labor’s Homeless Veterans Re- But why did it take so long? Why, of leadership time is reserved. the 27, have only 9 been put on trailers integration Program to provide: work- force training, job counseling, child f and are on their way to the gulf? Why care services, and placement services are the remaining 18 having to go MORNING BUSINESS through the legal ramifications, which to homeless women veterans and home- The ACTING PRESIDENT pro tem- I understand the law is the law, not to less veterans with children, pore. Under the previous order, there be completed until June 30, which is to- It is so important that we not just will now be a period of morning busi- morrow, but why wasn’t this done provide immediate support but we also ness for 1 hour, with Senators per- weeks ago? Because people do not have make sure our veterans have the re- mitted to speak therein for up to 10 the sense of urgency that we do down sources and support they need to get minutes each, with the time equally di- on the gulf coast. They are not seeing back on their feet. vided and controlled between the two their lives destroyed and their liveli- This is a very personal issue for me. leaders or their designees, with the ma- hoods eliminated and their culture Growing up, I saw firsthand the many jority controlling the first half and the completely changed. ways military service can affect both Of course, the effects of this for veterans and their families. Republicans controlling the final half. The ACTING PRESIDENT pro tem- years, with 60,000—now people are fi- My father served in World War II and nally getting around to acknowledging was among the first soldiers to land on pore. The Senator from Florida. that it is 60,000—barrels of oil a day Okinawa. He came home as a disabled f gushing into the gulf. It is filling up veteran and was awarded the Purple the gulf. It is affecting us and our way GULF OILSPILL Heart. of life. Like many soldiers of his generation, Mr. NELSON of Florida. Madam There are how many States on the my father did not talk about his expe- President, I wish to give the Senate a gulf? Texas, Louisiana, Mississippi, riences during the war. In fact, we only report on the gulf oilspill. Alabama, and the big one, with the really learned about them by reading Mother Nature is now developing most coastline, Florida, my native his journals after he passed away. hurricane and it is very likely within a land. How many is that? That is five. And I think that experience offers a couple of days of reaching hurricane The remaining 45 States are not af- larger lesson about veterans in general. strength, which is 75 miles per hour or fected. They can see it nightly on the They are reluctant to call attention to greater, but Mother Nature is smiling TV. They can rant and rave, and they their service, and they are reluctant to on us in that it is going on a more can see that gusher that continues. It ask for help. westerly track. It will probably go into is there on TV for us to see, and we can That is why we have got to publicly the coast at northern Mexico, possibly be mad about that. But unless one lives recognize their sacrifices and contribu- southern Texas, but it will keep it there and understands the daily effect tions. away from heading into the area to the on people’s lives, they can’t get that It is up to us to make sure that they east of Louisiana where the oilspill is. sense of outrage we have. So is it any get the recognition they have earned. Of course, if it had gone on that trajec- wonder I have such impatience when And it is up to us to guarantee they tory, then one of the worst nightmares five of my counties on the gulf coast get the services and support they de- would be that it takes all that oil on have submitted requisition forms for serve. the surface, and in the rage of a hurri- the moneys they have advanced and This bill passed through the Senate cane, the counterclockwise rotation of they still have not been paid? Is it any Veterans Affairs Committee with the winds would take that right on to wonder I have a sense of outrage when strong bi-partisan support. shore over the barrier islands, into the I see people lose incomes because can- Because supporting our veterans bays and estuaries where oil, once con- cellations are coming in on a daily should not be about politics, it should taminating all the marsh grasses, be- basis? Is it any wonder I have a sense be about what kind of country we want comes so difficult to get out. of outrage when I see local govern- the United States to be. And about The effects of that we don’t know. It ments not being able to plan on their what our priorities are as a nation. could be for years to come, just as we budgets because they don’t know what That is why I am proud to stand here don’t know the effects of the sub- their local tax revenue is going to be today: for Natalie, her children, and surface oil that is there, that the sci- because of a diminution of business? Is families just like hers across the coun- entists have identified, that BP denies, it any wonder those of us on the gulf mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE try. that even some of our Federal officials have a sense of outrage as we see the At this time, with our economy in NOAA deny. We are waiting on their fear, the trepidation, the anxiety about struggling—it is a very tough time, report. Of course, we won’t know the the future about what their livelihoods particularly for our veterans who are effects of that for years. We have a lot are? returning home—the most vulnerable of uncertainty here. But at least for I am going down to the White House population today is our women because the moment, the hurricane is not bear- now to talk about the one thing we can many of the transitional housing and ing down on the oilspill, although let make something good come out of this projects for our veterans don’t have fa- me remind my colleagues that we have travesty, and that is the future of try- cilities for women or for women with a very active hurricane season coming ing to wean ourselves from our depend- children or, as a matter of fact, for up. ence on oil by aggressively going after VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5506 CONGRESSIONAL RECORD — SENATE June 29, 2010 alternative energy sources. I hope out in. I was told that in order to get that ity leader, chairman of the Appropria- of this tragedy that will be one of the seat, I would have to call him up and tions Committee. But I know the title outcomes and that it will be led vigor- ask for a personal meeting. That was he cherished the most was husband. His ously. But that sense of outrage I don’t pretty intimidating, coming here love of his family trumped everything see. I am going to try to express it in brandnew and asking for a meeting else. the next few moments. with the chair of the entire Appropria- I so remember one time my husband, I yield the floor. tions Committee. who lives out in the State of Wash- The ACTING PRESIDENT pro tem- He granted the meeting. I remember ington—as my colleagues know, I trav- pore. The Senator from Washington. walking over to the Capitol to his of- el home every weekend to be with my f fice and not knowing what to expect. I family—one weekend my husband came couldn’t have known what to expect out here to be with me. Why? Because REMEMBERING SENATOR ROBERT it was our anniversary. I was going to because, when I walked in, I found this C. BYRD be here voting so he traveled here from warm, wonderful, cordial human being. Mrs. MURRAY. Madam President, I He regaled me with stories from his Washington State and came into the come to the floor this morning to pay youth and talked about being a coal Capitol. As he was coming in, I met my respects to a most amazing man miner’s son and the poverty he grew up him. Senator BYRD happened to be who the Senate Chamber has lost, Sen- in. He showed me his fiddle he was so leaving the Senate Chamber. He saw ator ROBERT C. BYRD. It certainly is a proud of but that he played no more. my husband and he welcomed him and sad day for the Senate, for all the peo- He told me poetry he recited from said: What are you doing out here in ple of West Virginia who loved this memory. I remember sitting in his of- the other Washington? My husband man so much, and for the entire coun- fice and thinking: I can’t believe I am said: It is our anniversary. Senator try, as we mourn the loss of the Na- sitting here with a part of history. BYRD said: Well, which anniversary is tion’s longest serving Senator. Then, of course, he grilled me on my it? ROBERT C. BYRD was a historian, a stance on the balanced budget amend- Rob said to him: It is our thirty-sec- poet, and he truly was a master of the ment and the line item veto before he ond. Senator BYRD paused and nodded, Senate. We have heard a lot about this said: Yes, I would like you to serve on and he said: That is a good start. remarkable man. A lot of it bears re- my committee. He had been married for 67 years. He peating today. He was the longest serv- I have been so proud to serve on that was going home to be with his wife. ing Member in the history of this insti- committee with him ever since. He That is a moment I will cherish, be- tution. He had courage. He had humil- taught me so much about protocol, cause it sets in perspective all that I ity. He had intelligence. He had a vi- about managing legislation, about the know about Senator BYRD. He taught sion that helped lead the Senate for rules of the Senate, about respect. Yes, by example. He taught by words. He many years. But he also showed us that respect was what I think I learned from knew humor and how to use it. But one can change over time and admit him most. He was a taskmaster. He be- most of all, he had respect for every their wrongs and move on and fight for lieved passionately in the rules of the one of us here. what they believe is right. Senate, but he also believed in working He was a gentleman. He certainly His principled stands are what I will together for the common good. was tough. But he treated everyone remember most about him. I was so In the first year I was here, Senator with dignity and respect. Everyone proud, back in 2002, to stand with him Hatfield, Republican from Oregon, and here on this floor has been molded by and a total of 23 Senators who voted Senator BYRD were the chair and rank- his presence. We have learned so much against the Iraq war. I will not forget ing member on the Appropriations from him, and he will be missed. how strong he was, reminding us that Committee. Senator BYRD called and But I know for certain his work and as a country we do not have to act out asked me to come to lunch in his office his passion and his spirit will never be of fear. I was proud to stand with him with a small group of Senators, with gone from this Senate he loved so many times since then, when he would Senator Hatfield and myself and sev- much, and I know as I walk on this knowingly wink at me and remind us eral Democrats and Republicans. I was Senate floor, I will try and remember, of the 23 who stood tall in the Chamber so honored to be asked, and I came as he taught me so well, respect of oth- that day. over not knowing what to expect. Sen- ers above all. His floor speeches were legendary. I Madam President, I yield the floor. ator BYRD and Senator Hatfield, a Re- The ACTING PRESIDENT pro tem- remember so many times throughout publican and Democrat, a chair and a pore. The Senator from Illinois. my tenure with him as he railed on the ranking member of the most powerful Mr. DURBIN. Madam President, how floor about whatever passion he had at committee, the Appropriations Com- much time is remaining in morning the moment, whether it was his little mittee, sat and talked to us about business on our side? dog he would tell us a story about or what they felt was being lost from the The ACTING PRESIDENT pro tem- some part of history he wanted to re- Senate and that, as new Members, it pore. There is 91⁄2 minutes remaining. mind us of, always with a point at the was our responsibility to return the Mr. DURBIN. Thank you very much. end. I remember his compassion as he Senate to. That was respect and listen- Madam President, yesterday I joined spoke, and his flailing arms. He always ing to each other. They told us in Senator MURRAY and others in giving reminded us that we are human beings words about how ‘‘one year I might be my tribute to Senator BYRD, and I will here. He had a true way with words, chair,’’ said Senator BYRD, ‘‘but I know not repeat my remarks. But I look for- and he literally wrote the book on the full well an election will change things ward to other Members coming to the Senate. Most importantly, he protected and Senator Hatfield will become floor with their own memories and this institution from every attack. chair. So we better work together, and reminiscences of this great man who To his very last days here he was we better respect each other, as we put served this Nation and the State of weighing in on proposed changes to the our bills together. Because you never West Virginia so honorably for so long filibuster rule, a rule he played a cen- know when you are going to be in the and the fact that I was honored to tral part in reforming three decades minority or the majority.’’ serve with him for 14 years in the Sen- ago. Their words were powerful. But even ate. mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE But the true honor of serving with more powerful was sitting there listen- f Senator BYRD came from his personal ing to these two gentlemen, a Repub- touch. I personally so remember my lican and Democrat, listen to each UNEMPLOYMENT BENEFITS very first meeting many years ago with other, laugh together, have lunch to- Mr. DURBIN. Madam President, I Senator BYRD. I came here as a gether, and pass on a lesson to those know an issue that was always impor- brandnew Senator in 1993. I wanted to following us about what we all need to tant to ROBERT BYRD was the working serve on the Appropriations Com- be when we call ourselves United men and women of West Virginia. If mittee, the committee he chaired. It is States Senators. there was one thing that innervated a very powerful committee. It was a Senator BYRD earned many titles him and inspired him, it was the mem- big ask for a freshman Senator coming over the years: majority whip, major- ory of his youth and growing up in the VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5507 most impoverished circumstances they are not going to vote to support fault of their own, why the Republicans where he could not attend college and these American families. I struggle to oppose basic health care for people who had to go to work straight out of high understand how we can be spending bil- are in the most dire circumstances. school. It was not until many years lions of dollars in an effort to rebuild It turns out that some of it has to do later that he completed college and law Afghanistan, to try to put these people with the tax policy that is in this bill. degrees as a Member of the Congress. It back on their feet and give them a fu- You see, one of the things we are doing was an extraordinary feat to be able to ture, and turn our backs on our own. is closing the loophole that allows achieve that. That is what happened. American businesses to ship jobs over- I think of him when I think of the This bill had many provisions in it, seas. Yes, there are rewards in Amer- bill we considered last week because it but that one hit home. There was an- ica’s Tax Code for corporations that de- was a bill that tried to help struggling other one. There was a provision in cide to close down their plants in families across America in the midst of this bill to send money to the States to Galesburg, IL, or in the State of New this recession. We tried to extend un- help them pay for Medicaid. Medicaid Hampshire, and move them overseas. It employment benefits for those who are is health insurance for poor and unem- makes no sense. Why would we create out of work across America. The esti- ployed people. Of course, there are tax incentives, financial incentives for mates range from 8 million to 14 mil- more demands for Medicaid because so American corporations to shut down in lion Americans—people who had a job many people are out of work. The the United States and build overseas? and are now out of a job through no States are struggling to provide the This bill closes those loopholes, and I fault of their own. There are an esti- medical assistance these families need, can tell you, some of the biggest cor- mated five unemployed people for and many of us believed it was only porations in America are angry about every available job. So it is not a situa- fair that we in Washington try to help it. They want to have a helping hand to tion, which some have said, where these States through these difficult move good-paying jobs overseas. Well, there is a lack of effort on their part. times by sending this money back to they are not going to get a helping It is a very hard thing to find a job. the States. hand from this Senator and a lot of I have visited unemployment offices Not a single Republican—not one— others. Yet there are some on the other in Chicago, in Springfield, and all over would vote to help us help the Gov- side of the aisle who happen to agree my State and met with these people, ernors in States that are struggling to with that position. many of whom are desperate. They put pay these medical bills for the unem- This bill also has tax incentives to out their resumes online in an effort to ployed and poor in their State. It just help small businesses. For goodness’ try to get an opportunity for a job and strikes me that we have an obligation sake, if we will ever get out of that re- just cannot get any response whatso- to our own—to our American family— cession, it will be because small busi- ever. They spend day after weary day and that obligation is being ignored by nesses get back on their feet and hire going through the want ads and going those who vote against it. more people. This is a good bill which through the Internet postings in the During the course of the day and this the Republicans refuse to support. I do hope of finding something. week Senators from the Republican not know how we can go home for the What we have tried to do is to say to side of the aisle are likely to come to Fourth of July weekend, take a week families in this distress: We are going the floor and ask that specific provi- off afterwards, and ignore the obvious: to give you a helping hand so you can sions in that bill pass. They do not that while we are at home with our survive. That was a major part of this want to help the unemployed, they do families, other families will be asking bill. We were going to extend unem- not want to help provide medical care themselves basic questions about ployment benefits across America for for the poor and unemployed, but they whether they will have their gas or an additional 6 months, until the end have tax provisions they want to pass. electricity cut off in their homes. of the year. I wish I could say the econ- Some of them I agree with; some of That is the reality of what we are omy was turning around more quickly, them are very important and valuable facing. and it is not necessary, but I think we to us. But it seems to me only fair that I take a look at the estimated num- know better. We know many families if we are going to consider these provi- ber of people who will lose their unem- without these unemployment benefits sions, we consider the whole bill. ployment compensation because of this just cannot make it. So as they are making unanimous vote by the Republicans against ex- We had a vote last week on unem- consent requests to pick out the piece tending unemployment compensation, ployment benefits for unemployed they like in the bill, I will be making and throughout the month of June it Americans, out of work through no a unanimous consent request to pass will mean some 80,000 people in my fault of their own, and could not get a the bill in its entirety—not just the tax State of Illinois will be losing this kind single Republican to vote for it—not provisions that help families but also of help. It is also a fact in States such one. Not one Republican would vote for help businesses and corporations, but as California, 255,000 people; Florida, cloture so we could move to passage of also to make sure we help those who 115,000 unemployed will have their ben- that bill. need a helping hand. efits cut off; 40,000 in Indiana; 107,000 in There were many things in the bill, I often wonder why the Republicans Pennsylvania; 95,000 in New York; but that one hit home this weekend would oppose helping the unemployed. 65,000 in Texas; 33,000 in Wisconsin. The when a friend of mine, a woman whom Traditionally, it has been a bipartisan numbers are huge in these States. Yet I have known for a number of years issue. We have said if a disaster hits the Republicans refuse to give us one now, called me. I respect her so much. some part of our country, we will rally vote in support of moving this for- I met her at a drug rehab facility far behind that part of our country. It has ward—this bill to help those who are away from my home in a corner of our happened in Illinois. I have come to the out of work and create a better envi- State. She had been addicted to crack, floor of the Senate and the House when ronment to create jobs in America. but for the last 8 years she has been we have faced a natural disaster, I often wonder if this is part of some drug-free. She is a single mom, and she whether it was a flood or a tornado or campaign strategy to try to slow down has three children living in her home. whatever it happened to be. Colleagues the economic recovery in the hopes One of her daughters has a little boy of mine from far-flung places across that it has some political advantage, mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE who is 4 months old. the United States have said: We will be but that is a very cynical analysis and She called me over the weekend and there to help you because tomorrow I believe most Senators on both sides said: I can’t find a job. I keep looking, may be a day when we need help too. of the aisle pray that our recovery and I can’t find a job. Now they are We pitch in together to help one an- comes sooner rather than later. going to cut off the utilities to my other. Yet when it comes to this bill to But we need their votes to show it. home. help those who are unemployed across We need for them to step up and give That is the reality of what a vote on America, they resist it. I try to get us the support on the Senate floor to the Senate floor means in the real into the bill to try to understand why pass this jobs bill, a bill which they de- world. I wonder sometimes how some of the Republicans oppose helping those feated last week, without a single Re- my colleagues can consistently decide who have lost their jobs through no publican supporting it—not one. VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5508 CONGRESSIONAL RECORD — SENATE June 29, 2010 Well, many of them have said pub- years ago to stop this fish. This fish is Obama on energy legislation. There is licly they want to have another chance insidious. It just grows by leaps and general agreement among Republicans to vote on some parts of it, and I am bounds and attacks people. Hard to that we need to do more to promote open to the suggestion. But when I imagine, isn’t it? Boaters going down clean energy and reduce our depend- look at this bill in its entirety—the tax the Illinois River will see these fish ence on foreign energy sources. We also cuts, the help to small businesses, the jumping out of the river at the boaters. need real reform of our oilspill protec- closing of these tax loopholes, the help It is a danger. I have seen videos, and tion laws and agencies. to the States—I think all of these I know it is. However, today I talk about where things are an important and timely This is an aggressive species of fish we disagree, and that is on the Demo- package of things we need to do across that can destroy Lake Michigan. So cratic proposal to impose a national America. Congresswoman BIGGERT and I built energy tax related to carbon emissions. The ACTING PRESIDENT pro tem- electronic fences that create an elec- The President will try to convince pore. The majority’s time has expired. trical shock at points in the river to Senators and the public to impose a na- Mr. DURBIN. Then I yield the floor. stop the fish from moving toward Lake tional energy tax. Of course, he will Since I see no Republican seeking Michigan. We have done that twice. We use fancy terms such as ‘‘pricing car- time in morning business, I ask unani- now think we have to do it more. There bon.’’ But if it walks like a duck, mous consent to speak for 3 additional is a real concern not only in Chicago quacks like a duck, then it is a duck, minutes, and to extend the same 3 min- and Illinois but around Lake Michigan, and this duck is an energy tax. utes on the Republican side, if they the surrounding States, about how suc- One form the Democratic national care to use it. cessful this effort is going to be. energy tax will take is a tax on gaso- The ACTING PRESIDENT pro tem- Last week, we continued to fish and line, diesel, and jet fuel. Senator pore. Without objection, it is so or- look for these Asian carp, and we found HUTCHISON and I just released a new re- dered. one in Lake Calumet, just miles from port documenting the size of the gas f Lake Michigan. From my point of tax in the Kerry-Lieberman cap-and- view, that was a wake-up call. Some- trade bill. My colleagues can find it on PROTECTING THE GREAT LAKES our office Web sites. how a fish had reached the other side of Mr. DURBIN. Mr. President, one of the electronic barrier. I do not know if The Kerry-Lieberman cap-and-trade the greatest assets in my part of the it was dumped in Lake Calumet—we bill includes a $3.4 trillion gas tax— world would be Lake Michigan. If you are doing some studies to find out—or with a ‘‘t.’’ That is an average of $90 ask the people of Chicago: What do you whether it migrated there. billion a year. think is the greatest thing about the Regardless, what I am doing with The number is so large because city of Chicago, in a recent survey they Senator DEBBIE STABENOW of the State Americans consume a lot of fuel—over overwhelmingly responded it is Lake of Michigan is introducing legislation 200 billion gallons a year. Putting a Michigan because it is so beautiful, and today calling on the Army Corps of En- price on the carbon in this fuel, as we are fortunate to be near it and take gineers to take a serious, comprehen- Democrats and President Obama want advantage of it, using beaches and sive look at ways to avoid any con- to do, will impose a massive new tax being out on boats, and mainly looking tamination of Lake Michigan from this increase on the American people. You out the window at this magnificent fish. don’t have to take my word for it. Any- lake, which I get a chance to do when These studies usually take forever. one can add up the cost of this new gas I go up to the city. Senator STABENOW and I are encour- tax. We used all publicly available gov- So when the issue of the future of aging the corps to move on them very ernment information, such as the fuel Lake Michigan and the question about quickly. consumption data from the U.S. En- whether it is going to be the victim of Secondly, I have written to the White ergy Information Agency and carbon invasive species comes up, we take it House and have spoken with the Presi- pricing estimates from the Environ- seriously. I do not know how many dent’s Chief of Staff about appointing a mental Protection Agency. The rest is years ago some people decided a very coordinator who will try to bring to- just simple addition and multiplica- wise thing to do would be to import gether all the Federal agencies that are tion—multiplication and multiplica- into the United States a fish called the dealing with this invasive species, the tion and multiplication—combining Asian carp. So they brought in this State and local efforts, and coordi- how much fuel we will use with the Asian carp—and I believe it was in the nating them to be more effective and carbon tax rate they propose. State of Arkansas, though I do not focus on stopping this fish moving for- The $3.4 trillion figure is based on want to pick on them; I think this is ward. EPA’s estimates of future carbon true—and they were going to raise We are trying to also increase the prices. By law, as proposed by Kerry- these carp for some reason, and there amount of money being spent to build Lieberman, the gas tax could be as was some flooding and the carp ended fences and more electronic barriers to high as $7.6 trillion if carbon prices hit up in the Mississippi River. Now they stop these fish from their migration to- the price ceilings in this bill. are all over the Mississippi River and ward Lake Michigan. Kerry-Lieberman’s $3.4 trillion total those tributaries leading to it. This is critical for us to do for the fu- gas tax will include a $1.9 trillion gaso- Well, if we follow the Mississippi ture of Lake Michigan and the Great line tax on families, workers, and small River north from Arkansas and make a Lakes. It is something we have worked businesses, a $1.1 trillion diesel tax on right-hand turn north of St. Louis and on for years. We will continue to work farmers, truckers, and businesses, and head up the Illinois River, we are on on it. We take it very seriously. a $425 billion jet fuel tax on airline pas- our way up Lake Michigan. That is the I thank Senator STABENOW for join- sengers. route the Asian carp have been fol- ing me in that effort, and I encourage Of course, politicians do not want to lowing. all the Senators from the Great Lakes admit they support a new multitril- Well, they are all over the Illinois area, if they would consider it, to join lion-dollar gas tax. They use code River on their way up to Lake Michi- us as cosponsors. words such as ‘‘pricing carbon’’ or ‘‘re- gan. These are fish which grow to enor- Madam President, I see the Senator quiring the purchase of allowances.’’ mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE mous sizes and suck up everything in from Missouri has taken the floor on They also try to take advantage of sight on which other fish would live. So the Republican side. I yield the floor. the current disasters, such as the gulf they are an invasive species that is a The ACTING PRESIDENT pro tem- oilspill, to impose a new gasoline tax. I danger to other species of fish, and pore. The Senator from Missouri. say we should be punishing BP, not the there has been a great fear for a long f American people, with a new gas tax. A time they would reach Lake Michigan gas tax will not stop the oil from leak- and change its future as a fishery. CLEAN ENERGY ing, it will not clean up the oil that has So I joined with Republican Con- Mr. BOND. Madam President, today been spilled, and it will not do any- gresswoman JUDY BIGGERT, and we Members of the Senate will go to the thing to restore the environment in the started pouring in millions of dollars 10 White House to meet with President coastal areas where that oil will hit. VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5509 To quote an MIT economist high- families, farmers, workers, and busi- that bill which came to the Senate lighted this week: nesses with a $3.4 trillion gas tax. floor, and none of them achieved the People are kidding themselves to believe I yield the floor, and I suggest the ab- required 60 votes to move forward. So that penalizing carbon will significantly sence of a quorum. the necessary extension of the National shrink oil imports or the need for offshore The ACTING PRESIDENT pro tem- Flood Insurance Program languished drilling. pore. The clerk will call the roll. for days and then weeks and now al- EPA’s recent analysis of Kerry- The legislative clerk proceeded to most a month. Lieberman confirms this, showing that call the roll. With so many versions of the so- U.S. fuel consumption would decrease Mr. VITTER. Mr. President, I ask called extenders bill failing, let’s just by only 1⁄2 percent by 2050. unanimous consent that the order for get back to doing the right thing on All we do with a new gas tax is take the quorum call be rescinded. this vital program. Let’s take this spe- trillions of dollars from American fam- The PRESIDING OFFICER (Mr. cific measure—the reauthorization of ilies and workers with no real impact UDALL of New Mexico). Without objec- the National Flood Insurance Pro- on our oil dependency. In fact, the tion, it is so ordered. gram—and pass it into law. The House thing that has slowed gasoline con- f has already done that. The Democrat- sumption in the United States has been ically controlled House has done ex- UNANIMOUS-CONSENT REQUEST— actly that—passed a full reauthoriza- the recession. When people are out of H.R. 5569 tion through the end of the fiscal year. work and businesses are not selling and work is not being done, then consump- Mr. VITTER. Mr. President, I come So let’s take their bill and pass it and tion goes down. Is that how we want to to the Senate floor once again to ask solve this problem and allow these reduce dependence on foreign oil and all of my colleagues to come together, closings to happen, give a little boost reduce pollution? I say not. Democrats and Republicans, as Ameri- to the economy when we need every Sponsors say a portion of these funds cans to do something we should have boost we can get. Certainly, people in is going to the highway trust fund. done weeks ago: reauthorize the Na- the real world across America support However, this bill sends less than 2 per- tional Flood Insurance Program. that. As evidence of that, I ask unani- cent of its value to the trust fund, or The National Flood Insurance Pro- mous consent to have printed in the only a few billion dollars per year by gram is a vital, necessary program to RECORD a letter of strong support that my calculations. Even that will end in provide flood insurance to our citizens the Senate take immediate action on 2040. around the country to help protect H.R. 5569, which is signed by many dif- Sponsors also point to their refund their homes and property. Yet it was ferent real estate and related business program where they claim they will allowed to expire on June 1. So for al- organizations that want to see those give back two-thirds of the carbon tax most a month, we have not had a na- crucial real estate closings resume revenues the government will take in. tional flood insurance program. again. How many trust the Federal Govern- What does that mean? That means There being no objection, the mate- ment to return tax revenue to us once there have been thousands of real es- rial was ordered to be printed in the they get their tax-and-spend fingers on tate closings that have been held up, RECORD, as follows: it? They have schemes that will send unable to move forward. There are JUNE 25, 2010. that money to politically favored thousands of first-time and other home Hon. HARRY REID, buyers who want to go to their clos- Majority Leader, groups. That is what has happened in ings, who are excited about everything U.S. Senate, Washington, DC. the past, and that is what will happen Hon. MITCH MCCONNELL, in the future. that means, but because of politics up Minority Leader While they give back two-thirds of here, because of that getting stuck in U.S. Senate, Washington, DC. the revenues, the government still the mud—even though substantively it DEAR MAJORITY LEADER REID AND MINOR- keeps one-third of the tax. One-third of should be completely noncontrover- ITY LEADER MCCONNELL: We respectfully re- a $3.4 trillion gas tax means American sial—they cannot go to their closings, quest the Senate take immediate action and families and workers, even if they got and all of this in the midst of an ex- approve H.R. 5569 that passed the House of tremely serious recession. We should Representatives yesterday and would reau- it back on a fair pro rata basis—which thorize and extend the National Flood Insur- nobody believes they will—Americans never allow this sort of lapse in the ance Program (NFIP) through September 30, will still face $1.1 trillion in net new program, but when unemployment na- 2010. taxes from the gas tax. tionally is almost 10 percent, when we The flash floods this year that inundated You know something funny must be need every real estate closing we can Oklahoma City, ripped through the South- going on when big oil actually supports get our hands on to help move the west and damaged residences from Montana this bill. You heard me right; big oil economy along and to try to get it to to Tennessee are a grim reminder of the threat posed by flooding. Furthermore, the supports this bill. BP, Shell, and a better place, this is the last moment NFIP is the only protection for Gulf Coast ConocoPhillips actually helped draft we should allow this program to expire. property owners who face the threat of flood- Kerry-Lieberman. Do my colleagues As we all know, this reauthorization ing by oil-tainted water as a result of the know why they did that? They are not has been held hostage, and there is no massive leak in the Gulf of Mexico. worried about a tax on gasoline be- more accurate way to describe what The NFIP protects 5.5 million Americans. cause they know every single penny has been going on. It is completely Unfortunately, no new policies have been of- noncontroversial. It is completely fered to property owners who need coverage will be shifted to the consumers with since the program expired on May 31, 2010. their profit margins added. It may not motherhood and apple pie. For that This is the third time this year Congress has be a bad deal for the gas and oil compa- reason, it was taken hostage and put in allowed the NFIP to expire. The timing of nies, but it is a bad deal for all of us as the so-called extenders bill, which, this latest expiration—a day before the start consumers. overall, was very controversial and of the hurricane season on June 1—could not Big oil knows they can pass most of which had a lot of objectors, particu- have been worse for coastal residents and im- the new tax on to consumers, so they larly because it balloons deficit and paired real estate markets. While we agree with many members of are not worried about it. But Senator debt significantly—by tens of billions Congress the NFIP is in need of meaningful HUTCHISON and I remain deeply worried of dollars. I have asked several times mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE reform, America’s property owners depend about families, farmers, truckers, over the last several weeks for that on this important federal program adminis- small businesses, and fliers who will gamesmanship to stop, for the hostage tered with the help of the property casualty pay this $3.4 trillion gas tax. to be released and for us to pass on a insurance industry. Since the program ex- There is a better way. We can come bipartisan basis the extension of the pired, those who need insurance can’t get it. together on new incentives for hybrid National Flood Insurance Program on Those who have it can’t increase coverage. and electric cars, nuclear power, ad- its own. And anyone trying to buy property that re- quires federal flood insurance is out of luck— vanced fuels such as cellulosic ethanol That was rejected. Over those several creating yet another disruption in a strug- and biomass, and even higher fuel effi- weeks, one version of extenders after gling real estate market. ciency standards for vehicles. But what another was also rejected. There were Every day of delay in reauthorizing the we should not do is punish American four, maybe five different versions of NFIP contributes to the confusion and risk VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5510 CONGRESSIONAL RECORD — SENATE June 29, 2010 for families in the real world. The purchase will get a chance to pass flood insur- Mr. VITTER. To reclaim my time, of a new flood insurance policy in general ance as part of the entire package. So they have been offered over and over. I carries a 30-day waiting period before it goes I object to this unanimous-consent re- will be happy to offer them. There are into effect (except for real estate transfers), so even if Congress acts today, a property quest. ways to solve that problem. But in the owner seeking coverage could be without The PRESIDING OFFICER. Objec- meantime, can we pass a necessary pro- coverage well into July. tion is heard. gram, the cessation of which is holding A long term extension is vital to provide Mr. VITTER. Mr. President, reclaim- up real estate closings all around the needed certainty to homeowners and small ing my time, here we go again—the country and hurting an already ailing businesses that depend on the program for same old gamesmanship. Through the economy when we are experiencing al- flood damage protection, to protect our resi- Chair, let me correct my distinguished most 10 percent unemployment? dential and commercial real estate markets colleague from Illinois. The reason from serious harm during a very difficult The PRESIDING OFFICER. The Sen- that bill was objected to by all Repub- ator from Illinois is recognized. economic time, and to provide stability for the companies and agents that sell and ad- licans, as well as some Democrats, was Mr. DURBIN. Mr. President, I am minister the NFIP policies to millions of not the extension of unemployment in- going to make a unanimous-consent re- consumers across the country. We respect- surance. If that is his understanding, quest, I notify my colleague from Lou- fully request that you act now and pass H.R. let me explain to him, through the isiana. This unanimous-consent re- 5569 TODAY—homeowners and businesses Chair, that his understanding is com- quest will extend and reauthorize the across the country simply cannot wait. pletely wrong. In fact, I have stood National Flood Insurance Program, the Sincerely, here on the Senate floor and suggested American Hotel and Lodging Associa- reason he came to the floor. It includes a UC to separate that part of the bill as the provisions that are also part of the tion, American Insurance Association, well and to pass it. But the objection of earlier discussion about the extenders American Land Title Association, American Resort Development Associa- many Senators, including mine, is the package. It is a lengthy list and many tion, Building Owners and Managers ballooning of the deficit and the debt, of these are traditional annual reau- Association, CCIM Institute, The which every single version of that bill thorizations of a number of provisions Chamber Southwest LA, Credit Union did by tens of billions of dollars, the in the Tax Code that encourage re- National Association, Financial Serv- original version by approximately $180 search and development, the develop- ices Roundtable, Greater New Orleans billion. Incorporated, Independent Community ment of biofuels, and that sort of So, Mr. President, my distinguished thing. Bankers of America, Independent In- colleague’s understanding is exactly surance Agents and Brokers of Amer- It also includes, for the record, $33.7 wrong, and here we go again. My dis- billion in emergency spending to ex- ica, Institute of Real Estate Manage- ment, Mortgage Bankers Association, tinguished colleague and his leadership tend unemployment compensation ben- National Apartment Association, Na- on the Democratic side have had mul- efits to the end of the year. It would tional Association of Federal Credit tiple opportunities to attempt to pass a help 10,700 residents of the State of Unions, National Association of Home version of this bill—four or five Louisiana who currently are being cut Builders, National Association of Real- versions; I have lost count. Each and off from unemployment compensation. tors, National Multi-Housing Council, every time, they did not get the nec- National Association of Mutual Insur- It includes $16 billion, paid for, that is essary votes, including not getting cer- going to be given to the States to help ance Companies, Property Casualty In- tain Democratic votes. surers Association of America. them deal with the costs of Medicaid in So can we finally, after going Mr. VITTER. Again, the National this recession. It has the provision in through that exercise, after allowing Flood Insurance Program has universal the National Flood Insurance Program there for the so-called Medicare doc fix bipartisan support. This extension does to lapse for almost a month now, can and a number of other provisions. not increase the deficit. It is not a I am going to give the Senator from we finally do the right thing and pass spending and debt issue. It has only Louisiana an opportunity to extend the this noncontroversial program on its been taken hostage in these larger bat- National Flood Insurance Program by own, as Speaker PELOSI and the Demo- tles over other matters. Let’s release agreeing to the following unanimous cratic majority in the House have this hostage and do the right thing. done? consent: I ask unanimous consent that the Mr. DURBIN. Will the Senator from I ask unanimous consent that the Senate proceed to the immediate con- Louisiana yield for a question? Chair lay before the Senate the Mes- sideration of H.R. 5569, which was re- Mr. VITTER. Certainly. sage from the House on H.R. 4213, the ceived from the House—this bill ex- Mr. DURBIN. Mr. President, I want American Jobs and Closing Tax Loop- tends the authorization of the National some clarification because I thought I holes Act; that the Senate move to Flood Insurance Program until Sep- heard the Senator say something. Is concur with the House amendment to tember 30—that the bill be read a third the Senator saying that if we offer a the Senate amendment to H.R. 4213 time and passed and the motion to re- separate measure on the floor which re- with the Baucus amendment No. 4386; consider be laid upon the table. authorizes the National Flood Insur- that the motion to concur with an The PRESIDING OFFICER. Is there ance Program—and let’s add in there, amendment be agreed to and the mo- objection? for example, this $8,000 home buyer tion to reconsider be laid upon the Mr. DURBIN. Mr. President, reserv- credit we have talked about for more table with no intervening action or de- ing the right to object. real estate closings, the extension of bate. The PRESIDING OFFICER. The Sen- the home buyer credit, which was The PRESIDING OFFICER. Is there ator from Illinois. passed on the floor—and unemploy- objection? Mr. DURBIN. And I will object at the ment compensation as an emergency Mr. VITTER. Mr. President, reserv- end of this reservation. expenditure, is the Senator from Lou- ing my right to object and I will object We had an opportunity to pass flood isiana saying he would vote for that in a minute, I guess this exchange is at insurance last week, and not a single package? least useful because it illustrates the Senator from Senator VITTER’s side of Mr. VITTER. If that package is paid gamesmanship that is continuing to go the aisle would vote for the package for. I will be happy to produce all of on. My distinguished colleague is giv- because it provided unemployment the pay-fors. I will be happy to produce ing me this opportunity. My distin- mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE compensation for 1.2 million Ameri- ways to responsibly pay for that pack- guished colleague is holding a gun to cans who are out of work, including age. If that package is handled respon- my head, trying to say you have to 10,000 in the State of Louisiana. I be- sibly that way, absolutely yes. vote to balloon the deficit, trying to lieve for that reason the Republicans Mr. DURBIN. Then we are still at say you have to vote for other irre- voted against it. They did not want to loggerheads because unemployment sponsible action if you simply want a extend unemployment benefits. Flood compensation has been offered as emer- necessary program for your State and insurance was in there, and they gency spending throughout this reces- the Nation, which does not cost any- wouldn’t vote for it. So after I object, sion, and now I am not sure where the thing in terms of increased deficit I will offer a unanimous-consent re- Senator’s pay-fors would come from, spending, to move forward. I thank my quest, and the Senator from Louisiana but that creates a problem. distinguished colleague for holding the VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5511 gun to my head for that wonderful op- resented. He is a tradition in the Sen- the chair of that committee, that the portunity, but I reject it and I think ate. He is a tradition in the State of package we have contributed has been the American people reject it, so I ob- West Virginia. He will be missed, but I built on strong, solid bipartisan sup- ject. will be forever thankful to ROBERT port. In fact, many of the provisions The PRESIDING OFFICER. Objec- BYRD for what he took the time to came out of our committee 17 to 0 or 17 tion is heard. share with me, to help me understand to 1 or 18 to 0. We have had tremendous Mr. DURBIN. Mr. President, I sug- the ways of the Senate. He truly was a cooperation on the part of my ranking gest the absence of a quorum. Senator’s Senator and I extend my member, Senator SNOWE, who has been The PRESIDING OFFICER. The sympathy to his family and the people to the floor several times in the last clerk will call the roll. of West Virginia on the tragic loss of couple of weeks, joining me in talking The assistant legislative clerk pro- this great Senator. about the importance of focusing the ceeded to call the roll. I yield the floor. congressional efforts and Congress’s ef- Mr. ISAKSON. Mr. President, I ask forts on small business, on Main f unanimous consent the order for the Street. quorum call be rescinded. CONCLUSION OF MORNING We have spent a lot of the last year The PRESIDING OFFICER. Without BUSINESS and a half dealing with the big compa- objection, it is so ordered. The PRESIDING OFFICER. Morning nies, the big companies on Wall Street, f business is closed. the big banks, the big insurance com- panies, the big health care companies. REMEMBERING SENATOR ROBERT f C. BYRD We have had to deal with it because it SMALL BUSINESS LENDING FUND has been in a state of crisis where Wall Mr. ISAKSON. Mr. President, I come ACT OF 2010—MOTION TO PROCEED Street was going to collapse, the finan- to my seat today on the floor of the cial structures were collapsing. We had Senate to take a few minutes to share The PRESIDING OFFICER. Under the previous order, the Senate will re- to act quickly. The health care trage- my thoughts on the late Senator ROB- dies or stresses were clearly visible, ERT BYRD and his tragic death a few sume consideration of the motion to proceed to H.R. 5297, which the clerk and we had to work our way through days ago. I come with a perspective dif- that. But now it is time for this Con- ferent than those who served with him will report. The assistant legislative clerk read gress, at this time, this summer, to for decades because this is my first focus on small business, because these term in the Senate. I was elected in as follows: Motion to proceed to the consideration of are the businesses on the front line of 2004. the battle against this recession. And H.R. 5297, a bill to create the Small Business In our caucus, which then was in the this is a battle. It is a battle to end Lending Fund Program to direct the Sec- majority, we were asked to take re- retary of the Treasury to make capital in- this recession, to fight and win our way sponsibility for presiding, just as the vestments in eligible institutions in order to back to prosperity. Much of this can be current Presiding Officer is doing increase the availability of credit for small accomplished if we would focus on the today. The day I picked was Friday businesses, to amend the Internal Revenue businesses in our neighborhoods, on mornings, not knowing we would not Code of 1986 to provide tax incentives for Main Street, on the farm-to-market be here on a lot of Friday mornings ex- small business job creation, and for other purposes. road, the small business owners driving cept for a normal business session. But those pickup trucks, delivering sup- I did it on every Friday morning. For 2 The PRESIDING OFFICER. The Sen- plies and equipment all over America, years I presided over the Senate from ator from Louisiana is recognized. in urban areas and in rural areas. about 10 in the morning until about Ms. LANDRIEU. Mr. President, as we We would be very much helped if we 12:30 in the afternoon. continue the important work of the could get our minds and our hearts on Friday morning is the day ROBERT Senate this week on a number of im- them, because they are going to be the BYRD would come to the floor of the portant bills, one of them being the ones that lead us out of this recession. Senate and share and reshare some of small business package that is before Small firms created 65 percent of all his great speeches. I was here to listen this body now, we are always mindful, new jobs from 1993 to 2009. It was true to the entire speech on the tribute to as we come to the floor with the beau- in the early 1990s. It was probably true mothers on Mother’s Day. I heard him, tiful flowers on Senator BYRD’s desk, of if you would go back to the 1980s, prob- oftentimes, talk so wonderfully about the great loss we are all experiencing. ably true in the 1970s. It is true today. his lovely wife. I heard him talk about His colleagues here and in his home Job creation is not going to come 1,000 the Roman Empire, its rise and its fall. State of West Virginia, the Nation and, jobs at a time. It comes one at a time, I heard him make speeches on the rules as you know, many people around the two at a time, or three new jobs in of the Senate, the details that no one world are mourning the death of a small businesses all over America. in this room could ever come close to. great Senator, a very well-known Sen- What we do here on tax policy, on But, for me, the most important con- ator, a very well-respected Senator, strengthening the Small Business Ad- tribution of the Senator from West Vir- and a very historic figure. ministration, on freeing up capital for ginia was the fact it didn’t matter how So as we all do our work today, it is them, is going to make the difference experienced you were or what your with heavy hearts that we work. I told between whether this recession comes party was, if you had a question on the my staff today walking into the build- to an end. So I am pleased about the rules of the Senate, you could go to the ing, it seems so empty and particularly work that has been done. seat of Senator BYRD and you could get quiet, and it is because of the great re- A portion of our bill has come an answer that you could put in the spect this Senator enjoyed in his life through the Small Business Com- bank. He loved sharing his knowledge. and now enjoys in his death. mittee. A portion of the bill has come He loved the institution of the Senate. But as even Senator BYRD would say through the Finance Committee. I have He never saw it from a partisan stand- if he were here, the work of the Senate, to take my hat off to the Senator from point, he always saw it from a tradi- which he loved very much, needs to go Montana, MAX BAUCUS, and his ranking tional and an institutional standpoint. on because it is the work of the people member, Senator GRASSLEY, former mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE There will be a lot of great tributes in a very special way. It is in that spir- Chairman GRASSLEY, from Iowa. They paid to Senator BYRD over the next few it that I come to the floor to briefly have worked nonstop and overtime on days and they will all be well deserved. talk about a bill we are attempting to a number of bills that have to do with I certainly share in the sympathy that move to. our Tax Code. But they have set aside all extend to his extended family for It is a major piece of legislation. It this special time for their committee this tragic loss. But many in this Sen- has three distinct components. It has to work on tax relief, tax extensions, ate today and many who served in the been in shape and in the works for tax relief for small businesses to add to years since he was first elected have many months now. A part of this bill this package. benefited from the wisdom and ‘‘gen- has come out of the Small Business So it is a portion of tax cuts and tax tleman-ness’’ that ROBERT BYRD rep- Committee. I am extremely proud, as relief for small businesses that is so VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5512 CONGRESSIONAL RECORD — SENATE June 29, 2010 important, to strengthen the Small and CEO of Kalamazoo County State Bank, will be in the future. Can I have a loan? Business Administration programs Schoolcraft, Mich. ‘‘We applaud the new pro- And the bank officer says: Well, we do that we know have been effective, not gram’s focus on getting funds to Main Street not quite have money for you. But let small businesses using Main Street commu- just throwing money at government me look in the 7(a) program. They can nity banks. We urge all members of Congress programs but targeting the govern- to vote for H.R. 5297.’’ get a 90-percent loan backed up by the ment programs that we know work be- Federal Government, and these loans Ms. LANDRIEU. The Independent cause we have studied them, and we can be made without fees. Community Bankers Association has This is how low we were in 2008. We have gotten reports from not just the sent to Senator SNOWE and me a strong were only down to $200 million in loans government bureaucrats—and there are recommendation. They say: On behalf back in 2008. You can see through the many good ones here—but we have of 5,000 members and our State partner recession how low this was. When we been hearing from businesses: Senator, community banking associations, we acted, we acted back here in 2009 and this works for me. Can you get us more strongly support the proposed Small started doing some increased guaran- of it? That is what this bill is about. Then finally there is a piece that has Business Lending Fund, and urge tees, reducing the fees. It worked. We come from the leadership, from the prompt passage of this important legis- spiked the number of loans up to al- President himself, from the White lation. The nation’s 8,000 community most $1.2 billion. House, through the Treasury Depart- bankers are well positioned because of But as you can see, Congress’s ac- ment, to say: What can we do to lever- their established relationships with tions have a direct effect on this lend- age some assets of the Federal Treas- small businesses in their communities ing to small business. Look here. Now ury to create a $30 billion lending pool, to use the funds to get credit flowing. we are down below where we were 2 not for the big banks—they have got- Under the proposal that is being years ago. This bill will move this ten enough of our money and enough of brought to the floor today, banks with number back up, and this bill will help our attention, as far as I am con- less than $1 billion in assets could re- this number stay up. This represents cerned—but the small banks on Main ceive capital investments up to 5 per- thousands of loans to small businesses, Street. There are 8,000 of them. They cent of their risk-weighted assets, and without which they cannot create the are the ones that need a little help, a those with between $1 billion and $10 jobs that we need and the country little financing to help them, not on billion in assets could receive up to 3 needs to get us out of the recession. their bottom lines in terms of their percent. This is a very important component of stability because they are quite stable. We know community banks are the our bill. I am very proud of that com- I am extremely proud of our small ones that small businesses do go to, ponent. banks around this country that did not some with more success than others, One more chart we will show. This is go belly up. They are strong. They and that is a speech for another day. a startling chart. I have used this sev- have money to lend. We want to give But I do know there are a number of eral times. I hope people understand them some additional funding to lend. bankers who say: Senator LANDRIEU, the potential for growth. There is real I am proud that the Independent Senator SNOWE, we want to lend to our potential here. Bankers Association has sent us a let- small businesses, and if you can help us Right now in America, 1 percent of ter, which I ask unanimous consent to with a few things, we could do a better small businesses export. Think about have printed in the RECORD. job. that. We are only 4 percent of the There being no objection, the mate- In addition, we also know that small world’s population, so 96 percent of ev- rial was ordered to be printed in the businesses use their credit cards for erybody else lives somewhere else. The RECORD, as follows: capital. We also know our small busi- market is very big outside of America, ICBA AND 28 STATE COMMUNITY BANK ASSO- nesses go to family members. They dig although we are a very important mar- CIATIONS URGE PROMPT PASSAGE OF SMALL into their own savings to find the ket. So we can help our small busi- BUSINESS LENDING FUND BILL money needed to initiate or support nesses learn to be better exporters. WASHINGTON, DC, (June 15, 2010).—The their business. We also know they go to With the Internet, now it becomes so Independent Community Bankers of America their uncles and aunts. Financing possible for them to export products, (ICBA) and 28 affiliated state associations through family members has been a with first day, short delivery times, all sent a letter to House Banking Committee traditional way that small business on-time delivery from airplanes, Chairman Barney Frank (D–Mass.) and owners use, and credit unions. trains, trucks that can deliver products Ranking Member Spencer Bachus (R–Ala.) So everything we can do now—we today urging prompt passage of the proposed everywhere. Plus, there are so many cannot have a relief to the great uncle ideas now with services. The small Small Business Lending Fund Act of 2010 (H.R. 5297). ICBA said that the $30 billion in and aunt bill. That is a little bit out of business here that has a great idea on capital provided by the Small Business Lend- our reach. But we can help our small the Internet, it becomes a great idea in ing Fund (SBLF) could help community banks, our small business agencies. We Vietnam or in Korea or a country in banks provide as much as $300 billion in addi- can look hard on credit card companies Africa. They can sell those products. tional small business lending. and their practices and make sure they So this bill does a great deal, with Sen- ‘‘On behalf of ICBA’s nearly 5,000 members are doing right by businesses. We are ator SNOWE’s help, where she did pio- and our state partner community banking trying to do all of that one step at a associations, we strongly support the pro- neering work in this area to help us posed Small Business Lending Fund and urge time. give technical assistance to more small prompt passage of this important legisla- Let me take a minute or two to ex- businesses and help them become ex- tion,’’ said Camden R. Fine, ICBA president plain a few pieces of this bill. This is perts on exporting so they can keep the and CEO. ‘‘The nation’s 8,000 community one of the most important components. money, the profits, and the jobs right banks are well-positioned because of their This chart is startling. Two of the here at home. established relationships with small busi- most important programs that SBA op- My colleague has been good about nesses in their communities to use the fund erates are the 7(a) and 504 loan pro- waiting, but I wanted to share a few of to get credit flowing.’’ grams. These are the loan programs Under H.R. 5297, interested banks with less the aspects of this important bill. We than $1 billion in assets could receive capital that all of the Federal Government— are going to be voting I hope today at these are the programs that focus most about 2 o’clock or so. We hope to get mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE investments up to 5 percent of their risk- weighted assets, and those with between $1 directly on small business loans in the 60 votes necessary to move to this billion and $10 billion in assets could receive America. They allow a 90-percent guar- package. up to 3 percent. The SBLF has important in- antee and allow the waiver of fees. As a manager of this package, I can centives to encourage greater small business We did this, when the recession start- say Senator BAUCUS as well, we are lending by reducing the dividend rate com- ed, so a small business could go into a open to amendments people might munity banks pay on the capital as they in- bank and say: I have got a great idea. want to have to perfect it. But we be- crease their lending. ‘‘ICBA firmly supports the central purpose I want to expand; even though my lieve this is a very good, solid package of the program to spur further lending to neighborhood is a little bit in the dol- to bring up. It is time that we focus on small businesses by means of community drums, and even though my product is the small businesses of America. They banks,’’ said Jim MacPhee, ICBA Chairman not in great demand today, I think it deserve our best efforts between now VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5513 and the end of the year or as long as it we look out on the beach, and we don’t I have a list today of these 2,000 takes. They have not gotten the atten- see a single one. skimmers and where they are located. I tion they deserve. So if we can get 60 How many skimmers are available to am going to come to the floor every votes, we may not be able to get all our be deployed? We found out last week day we are here and track these skim- work done this week, but we believe in there are skimmers remaining. As of mers to make sure they are getting the next couple of weeks we can get the June 21, in the United States, there where they need to go. It is only work done on this bill. were 2,000 skimmers remaining. It through efforts by myself and others in I yield the floor. sounds as if that is in addition to the the Senate who have called this out, The PRESIDING OFFICER. The Sen- 400 in the gulf right now. From Texas, who have said: Where are these skim- ator from Florida is recognized. district 8, through the Florida, Geor- mers, that we have gotten the sense of GULF OILSPILL gia, South Carolina district, which is urgency to get them there, albeit not Mr. LEMIEUX. Mr. President, yester- district 7, there are 850 skimmers in so urgently when it has taken 70 days. day I had the opportunity to be in Pen- whole or in part not being deployed. That is the issue of the domestic skim- sacola, FL, to look at the impact the That makes absolutely no sense. mers. Help is on the way. The rule has oilspill is having on my home State of I have been calling for weeks now for been signed. We are appreciative of Florida. I went out in the morning and this government, this administration that. We will see if those skimmers walked on the beach and saw, unfortu- to sign an Executive order releasing all make it there anytime soon. We need nately, the oil that has spewed across skimmers in the United States to come them there because the oil is washing our beautiful beach in Pensacola, one to the Gulf of Mexico to clean up the up on the shores. It is not only oil of the most beautiful beaches in the oilspill. washing up, it is failure. It is failure world. Not only did I see the scattering When I talked about this issue with because these skimmers were not in of droplets of oil across the beach first the President, I said to him: We need to place earlier. thing in the morning, I also saw what get all these skimmers now. If there I wish to talk about a second topic, I will call not just tar balls but tar are 2,000, they need to be in the gulf. which is international assistance. I rocks—rocks the size of grapefruit that They need to be steaming toward the came to the floor last week with a pic- had emulsified, almost petrified, and gulf now. There should be an armada of ture of this vessel, the Swan. It was of- found their way to the shore. skimmers off the beaches of Florida, fered on May 6 to the United States Later in the day, I also took another Mississippi, Alabama, and Louisiana. from a Dutch company, Dockwise. It trip to the beach to the place where we The response I got was: Some of had the capacity of soaking up 20,000 get naturally occurring tidal pools just these skimmers have to stay in place tons of oil a day, nearly 6 million gal- a few feet from where the ocean meets in case there is an oilspill. lons of oil a day. The Federal Govern- the coastline. In those pools, I could That is like saying: We can’t send a ment never got back to this Dutch see oil that had seeped into the sand. firetruck to your house because there company. Instead, an American ship Now we are to the point where the oil may be a fire burning someplace else. was used. We are glad to see that. We is seeping into the sand faster than it That is not much solace to you if your want American ships used. But that can be cleaned up. The fear is, as the house is burning down. ship only had one-twentieth the capa- sand washes over that oil, it will be There is some good news. We have bility of this ship. My response is, use buried and we will continue to discover found out that as of yesterday, the De- all of them. Use every one we can. Our it for months and perhaps years on end. partment of Homeland Security and country in our goodness is the first to What effect it will have on the beaches the Coast Guard, along with the Envi- respond when there is a disaster some- and our ecosystem is unknown. ronmental Protection Agency, have place else. Whether it is a typhoon, an This spill has been going on for 71 issued an emergency order. The order earthquake, America, through the days. Throughout this time, I have is signed by Admiral Papp from the goodness of the hearts of our people, been calling upon greater Federal re- Coast Guard and Lisa Jackson, Admin- goes forward and gives help. When sponse to this tragedy in the gulf— istrator of EPA. It is a temporary sus- other countries are offering us assist- most importantly, the need to have pension of certain oilspill response ance, even when we have to pay for it, more skimmers off of our shoreline. time requirements to support the Deep- we should be taking it. This ship never Amazingly, we have not deployed the water Horizon oilspill, the urgently got used. How much oil would have full panoply of assets we have in this needed immediate relocation of nation- been sucked up by the Swan if it was in country to protect our beaches, to pro- wide oilspill response resources to the the gulf doing its job? How much oil tect our coastal waterways, to protect Gulf of Mexico. It also calls upon the would have been off the beaches of our estuaries. One would think every Navy, with which I met earlier last Florida, Alabama, Mississippi, and skimmer in the United States would be week, to release assets it has. Louisiana if this ship was doing its job? in the Gulf of Mexico. One would think There are legal restrictions that re- This is an emblem of an opportunity every foreign skimmer that has offered quire these skimmers to be in certain missed. Now this ship is no longer assistance would be deployed off our places around the country if there is a available. shores. But one would be incorrect in certain amount of traffic—for example, There were something like 56 offers thinking that because it is not the commercial traffic, the ports, or what- of assistance from foreign countries case. ever. We need to keep skimmers in and associations, and only 6 were ac- When I met with the President 2 place. This order, which we have been cepted by the government. They tell us weeks ago today in Pensacola, I urged calling on for weeks, releases those the Jones Act—a law that prohibits him to bring more skimmers to the skimmers. It says it is done because foreign flag ships—is not the reason we gulf coast. At that time, we had about there is an urgent need. It is not so ur- are not getting these ships in. They 32 skimmers off the coast of Florida. gent when we do it on day 70. It is wel- tell us the Jones Act only applies to 3 That number fell to 24 shortly there- comed, but it wasn’t done urgently. It miles in, coastal waterways. Therefore, after. It is now, according to the State says, on page 9 of this order, that this it is no prohibition to bringing these of Florida, up to 89, according to the was done in response to a memorandum ships in. One, that is not what these incident report today. That is an im- Admiral Watson of the Coast Guard did folks think because they didn’t get mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE provement. The Feds say there are 130. on June 16 saying there was an urgent their ship in, and two, I don’t care The State number and the Fed number need to reallocate skimmers. I am glad what the reason is, whether it is the have never matched, so somewhere be- to see that because that is the day Jones Act or some other law, these tween 89 and 130 skimmers are off the after I met with the President in Pen- ships should be here. This is not a Re- coast of Florida. sacola. I am glad the President got the publican issue or a Democratic issue; We believe there are about 400 skim- word out to the Coast Guard and got this is an issue of competence. These mers in the Gulf of Mexico alone. That them to start working on this order. ships should be there. number may sound like a lot, but when We got it done. So we hope we will now Let me show you the next ship we one thinks of an area going all the way see skimmers from around the country have a chance at, and hopefully we from Louisiana to Panama City, FL, making their way to the gulf. won’t mess this up. The Swan was a VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5514 CONGRESSIONAL RECORD — SENATE June 29, 2010 very big ship. This ship is aptly named cern grand challenges relating to our Lois Greisman leads the FTC’s Divi- ‘‘A Whale.’’ It is the world’s largest national security, domestic tran- sion of Marketing Practices within the skimmer, if reports are correct. It is quility, or our economic recovery. Consumer Protection Bureau, and her making its way from Virginia to the Today, I wish to recognize a team of responsibilities include enforcing the Gulf of Mexico. The skimming capacity highly skilled, highly motivated Fed- rules against telemarketing fraud and of this ship is at least 250 times that of eral employees whose achievement has online investment schemes. the modified fishing boats currently at- positively affected the daily lives of av- Also with the FTC’s Bureau of Con- tempting to skim the gulf. This one erage Americans. sumer Protection is Carolyn Shanoff, ship can skim as much as 250 of the In 2003, six outstanding employees of who today serves as the Associate Di- skimmers that are in the gulf now in a the Federal Trade Commission worked rector for Consumer and Business Edu- single day. The vessel’s capacity is suf- together to implement the National Do cation. In this role, she has been in- ficient to draw in as much as 500,000 Not Call Registry. Americans used to strumental in the fight against iden- barrels of oil. The Swan could do 20,000 be plagued—I can remember it always tity theft. barrels. This is 500,000 barrels of oil per seemed to happen around dinnertime— Allen Hile and Lawrence DeMille- 8- to 10-hour cycle. This is the mother by telemarketer solicitations, which Wagman are also still at the FTC. of all skimmers. It is like the size of an always seemed to come just when you Allen serves as Assistant Director, and aircraft carrier. We do not know yet least wanted them. The six men and Lawrence works as an attorney. whether this ship is going to be allowed women I am honoring today brought We are all very fortunate that ac- in the gulf to skim up oil. It is beyond relief to families across the country by complished men and women such as belief, it is beyond comprehension that implementing the Do Not Call Reg- these choose to stay in government and we would not use this ship and ships istry. Led by Eileen Harrington, the continue working on behalf of the like it to get the job done. team consisted of Lois Greisman, Allen American people. I hope my colleagues I will be doing everything I can to Hile, Stephen Warren, Carolyn Shanoff, will join me in recognizing the great make sure A Whale or any other ship of and Lawrence DeMille-Wagman. They work of the FTC ‘‘do not call’’ team this size can be in the Gulf of Mexico to all brought to the table a strong back- and thanking them on behalf of all help us. We want the domestic assets. ground in a number of fields, including Americans for their important work. We want the small skimmers we have law, marketing, and business. They are all truly great Federal em- The FTC’s Do Not Call Registry now. The ones coming from the Navy ployees. launched 7 years ago this week quickly can fit on the back of a truck or fit in I yield the floor. became a hit. Within the first 4 days, 10 a plane or on a railcar. They are small. The PRESIDING OFFICER. The Sen- million Americans registered their We are happy to have them, but they ator from Wyoming is recognized. phone numbers. Just a year after it pale in comparison to the size of A Mr. ENZI. Mr. President, I thank the launched, a poll found—this is incred- Whale, reportedly the world’s largest Presiding Officer, and I thank the Sen- ible—91 percent of adults had heard of skimmer. I ask the President, why ator from Delaware for those com- the registry and—can you believe it— aren’t we letting this ship in the gulf ments in his weekly update on Federal over half had already signed up. When to skim up the oil? It is beyond belief. employees and the great job they are Eileen and her team won the 2004 Serv- It is beyond comprehension. ice to America medal for citizen serv- doing. In the Health, Education, Labor, I will continue to come to the Cham- and Pensions Committee, we know ices, the registry had nearly 60 million ber every day we are here to talk about quite a few of them who are doing out- numbers. That was in 2004. Today, that this issue, about foreign ships that can standing work, even something that has risen to over 150 million. help, about domestic ships being de- To turn a good idea into a great pro- would surprise America; that is, co- ployed, until we stop the oil from spill- gram, the team spent several months operation between agencies that is out- ing on the bottom of the gulf, until we designing and implementing the Do standing. So I thank the Senator for clean up all the oil that is in the gulf Not Call Registry as part of the FTC’s his efforts. right now. It is impacting the lives of rulemaking process. It required the f Floridians. When I was in Pensacola participation of many at the Consumer yesterday and talked to everyday Flo- Protection Bureau, the Economic Bu- RECESS ridians, I could see the anguish in their reau, and the General Counsel’s Office. Mr. ENZI. Mr. President, as under eyes. I could see the stress and hear it Information system experts and legal the previous order, I ask unanimous in their voices. People move to Florida minds worked closely together with consent that the Senate stand in re- because they love the water. Ninety senior executives, and they were joined cess. percent of Floridians live within 10 by financial analysts and congressional There being no objection, the Senate, miles of the water. They have more relations staff. Once the policy had at 12:22 p.m., recessed until 2:15 p.m. recreational boaters than any State in been crafted, there was a period of pub- and reassembled when called to order the Union, more coastline than any lic comment, which saw over 64,000 sug- by the Presiding Officer (Mr. BEGICH). State in the continental United States. gestions on how to improve the reg- f It is part of our way of life. Every re- istry, many of which were adopted in source available should be used to keep the final program. SMALL BUSINESS LENDING FUND this oil from coming ashore. In the 7 years since the Do Not Call ACT OF 2010—MOTION TO PRO- I yield the floor. Registry was launched, it has become CEED—Resumed The PRESIDING OFFICER. The Sen- one of the most successful government CLOTURE MOTION ator from Delaware is recognized. programs in terms of the number of The PRESIDING OFFICER. The clo- Mr. KAUFMAN. Mr. President, I ask Americans it has affected positively in ture motion having been presented unanimous consent to speak as in such an incredibly short period of time. under rule XXII, the Chair directs the morning business. I am also proud to share with my col- The PRESIDING OFFICER. Without clerk to read the motion. leagues that all of the members of the objection, it is so ordered. The assistant editor of the Daily Di- FTC’s ‘‘do not call’’ team are still serv- (The remarks of Mr. KAUFMAN are gest read as follows: ing in the Federal Government. mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE printed in today’s RECORD under Eileen Harrington remained at the CLOTURE MOTION ‘‘Morning Business.’’) FTC for a few years and in 2009 was ap- We, the undersigned Senators, in accord- IN PRAISE OF EILEEN HARRINGTON, LOIS pointed as the Chief Operating Officer ance with the provisions of rule XXII of the GREISMAN, ALLEN HILE, STEPHEN WARREN, for the Small Business Administration. Standing Rules of the Senate, hereby move CAROLYN SHANOFF, AND LAWRENCE DEMILLE- Stephen Warren served as Chief In- to bring to a close debate on the motion to proceed to Calendar No. 435, H.R. 5297, the WAGMAN formation Officer at the FTC until 2007, Small Business Lending Fund Act of 2010. Mr. KAUFMAN. Mr. President, I wish when he moved over to the Department Harry Reid, Debbie Stabenow, Dianne to talk about some other great Federal of Veterans Affairs as Principal Deputy Feinstein, Mark Begich, Jeff Merkley, employees. Many of the great achieve- Assistant Secretary for Information Bernard Sanders, Carl Levin, Edward ments I have hailed from this desk con- Technology. E. Kaufman, Mark L. Pryor, Richard J. VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5515 Durbin, Frank R. Lautenberg, Jeanne morning business for no more than 5 The yeas and nays were ordered. Shaheen, Daniel K. Inouye, Barbara minutes on the occasion of the passing AMENDMENT NO. 4404 TO AMENDMENT NO. 4403 Boxer, Roland W. Burris, Sherrod of Senator BYRD. Brown, Mary L. Landrieu. Mr. REID. I have a second-degree The PRESIDING OFFICER. Without amendment at the desk. The PRESIDING OFFICER. By unan- objection, it is so ordered. The PRESIDING OFFICER. The imous consent, the mandatory quorum (The remarks of Ms. MIKULSKI are clerk will report. call is waived. printed in today’s RECORD under The legislative clerk read as follows: The question is, Is it the sense of the ‘‘Morning Business.’’) Senate that debate on the motion to The Senator from Nevada [Mr. REID] pro- Mr. REID. Mr. President, I suggest poses an amendment numbered 4404 to proceed to H.R. 5297, the Small Busi- the absence of a quorum. amendment No. 4403. ness Lending Fund Act of 2010, shall be The PRESIDING OFFICER. The brought to a close? Mr. REID. I ask unanimous consent clerk will call the roll. that reading of the amendment be dis- The yeas and nays are mandatory The legislative clerk proceeded to under the rule. pensed with. call the roll. The PRESIDING OFFICER. Without The clerk will call the roll. Mr. REID. I ask unanimous consent The legislative clerk called the roll. objection, it is so ordered. The yeas and nays resulted—yeas 66, that the order for the quorum call be The amendment is as follows: nays 33, as follows: rescinded. On page 236, line 24: The PRESIDING OFFICER (Mr. Strike ‘‘one’’ and insert ‘‘five’’. [Rollcall Vote No. 202 Leg.] BURRIS). Without objection, it is so or- YEAS—66 AMENDMENT NO. 4405 dered. Akaka Franken Mikulski Mr. REID. Mr. President, it is my un- Mr. REID. I have an amendment to Baucus Gillibrand Murray the bill at the desk. Bayh Grassley Nelson (NE) derstanding the matter before the Sen- Begich Hagan Nelson (FL) ate is the bill that was just announced The PRESIDING OFFICER. The Bennet Harkin Pryor a few minutes ago; is that correct, the clerk will report. Bingaman Inouye Reed small business jobs bill? The legislative clerk read as follows: Bond Johnson Reid The PRESIDING OFFICER. H.R. 5297 The Senator from Nevada [Mr. REID] pro- Boxer Kaufman Rockefeller Brown (MA) Kerry Sanders is the pending bill. poses an amendment numbered 4405 to the Brown (OH) Klobuchar Schumer language proposed to be stricken by amend- AMENDMENT NO. 4402 Burris Kohl Shaheen ment No. 4402. Cantwell Landrieu Snowe (Purpose: In the nature of a substitute) Mr. REID. I ask unanimous consent Cardin Lautenberg Specter Mr. REID. On behalf of Senators Bau- that reading of the amendment be dis- Carper Leahy Stabenow Casey LeMieux Tester cus and Landrieu, I call up their sub- pensed with. Collins Levin Udall (CO) stitute amendment which is at the The PRESIDING OFFICER. Without Conrad Lieberman Udall (NM) desk. objection, it is so ordered. Dodd Lincoln Voinovich The PRESIDING OFFICER. The Dorgan Lugar Warner The amendment is as follows: Durbin McCaskill Webb clerk will report. At the end, insert the following: Feingold Menendez Whitehouse The legislative clerk read as follows: ‘‘The provisions of this Act shall become Feinstein Merkley Wyden The Senator from Nevada [Mr. REID], for effective three days after enactment.’’ NAYS—33 Mr. BAUCUS and Ms. LANDRIEU, proposes an amendment numbered 4402. Mr. REID. I ask for the yeas and Alexander Crapo Kyl nays. Barrasso DeMint McCain Mr. REID. I ask unanimous consent The PRESIDING OFFICER. Is there a Bennett Ensign McConnell that reading of the amendment be dis- Brownback Enzi Murkowski sufficient second? Bunning Graham Risch pensed with. There appears to be a sufficient sec- Burr Gregg Roberts The PRESIDING OFFICER. Without ond. Chambliss Hatch Sessions objection, it is so ordered. The yeas and nays were ordered. Coburn Hutchison Shelby (The text of the amendment is print- Cochran Inhofe Thune AMENDMENT NO. 4406 TO AMENDMENT NO. 4405 Corker Isakson Vitter ed in today’s RECORD under ‘‘Text of Amendments.’’) Mr. REID. I have a second-degree Cornyn Johanns Wicker Mr. REID. I ask for the yeas and amendment at the desk. The PRESIDING OFFICER. On this The PRESIDING OFFICER. The vote, the yeas are 66, the nays are 33. nays. The PRESIDING OFFICER. Is there a clerk will report. Three-fifths of the Senators duly cho- The legislative clerk read as follows: sen and sworn having voted in the af- sufficient second? There appears to be a sufficient sec- The Senator from Nevada [Mr. REID] pro- firmative, the motion is agreed to. poses an amendment numbered 4406 to All time is yielded back. The clerk ond. The yeas and nays were ordered. amendment No. 4405. will report the bill. Mr. REID. I ask unanimous consent The legislative clerk read as follows: AMENDMENT NO. 4403 TO AMENDMENT NO. 4402 (Purpose: In the nature of a substitute.) that reading of the amendment be dis- A bill (H.R. 5297) to create the Small Busi- ness Lending Fund Program to direct the Mr. REID. I have a first-degree pensed with. Secretary of the Treasury to make capital amendment at the desk. The PRESIDING OFFICER. Without investments in eligible institutions in order The PRESIDING OFFICER. The objection, it is so ordered. to increase the availability of credit for clerk will report. The amendment is as follows: small businesses, to amend the Internal Rev- The legislative clerk read as follows: In the amendment, strike ‘‘three days’’ and enue Code of 1986 to provide tax incentives insert ‘‘10 days’’. for small business job creation, and for other The Senator from Nevada [Mr. REID] pro- poses an amendment numbered 4403 to MOTION TO COMMIT WITH AMENDMENT NO. 4407 purposes. amendment No. 4402. (Purpose: In the nature of a substitute) The PRESIDING OFFICER. The ma- Mr. REID. I ask unanimous consent Mr. REID. I have a motion to commit jority leader is recognized. Mr. REID. Mr. President, I suggest that reading of the amendment be dis- with instructions at the desk. the absence of a quorum. pensed with. The PRESIDING OFFICER. The The PRESIDING OFFICER. Without clerk will report the motion. mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE The PRESIDING OFFICER. The clerk will call the roll. objection, it is so ordered. The legislative clerk read as follows: The assistant editor of the Daily Di- The text of the amendment is printed The Senator from Nevada [Mr. REID] moves gest proceeded to call the roll. in today’s RECORD under ‘‘Text of to commit H.R. 5297 to the Committee on Fi- Ms. MIKULSKI. Mr. President, I ask Amendments.’’) nance with instructions to report back forth- unanimous consent that the order for Mr. REID. I ask for the yeas and with with amendment No. 4407. the quorum call be rescinded. nays. Mr. REID. I ask unanimous consent The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there a that reading of the amendment be dis- objection, it is so ordered. sufficient second? pensed with. Ms. MIKULSKI. Mr. President, I ask There appears to be a sufficient sec- The PRESIDING OFFICER. Without unanimous consent to speak as in ond. objection, it is so ordered. VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5516 CONGRESSIONAL RECORD — SENATE June 29, 2010 The text of the amendment is printed chairman, LANDRIEU was the ranking course of the recession, small firms in today’s RECORD under ‘‘Text of member. Now it is just the opposite. have accounted for 64 percent of net job Amendments.’’) Senator BAUCUS and Senator GRASSLEY losses. Mr. REID. I ask for the yeas and have always worked on a bipartisan We need to focus on small business, nays. basis. I hope we can move forward on as we seek to create jobs. When we help The PRESIDING OFFICER. Is there a this matter. small businesses, we help to get Ameri- sufficient second? The PRESIDING OFFICER. The Sen- cans back to work. There appears to be a sufficient sec- ator from Montana. The first way that we can help small ond. Mr. BAUCUS. Mr. President, Winston business is by promoting access to cap- The yeas and nays were ordered. Churchill once said: ital. AMENDMENT NO. 4408 TO AMENDMENT NO. 4407 A pessimist sees the difficulty in every op- Today, only half of small businesses Mr. REID. I have an amendment to portunity; an optimist sees the opportunity seeking a loan are able to get the cred- the instructions at the desk. in every difficulty. it that they need, and nearly a quarter The PRESIDING OFFICER. The The great recession has been a dif- receive no credit at all. clerk will report. ficulty, to say the least. Compare this to 2005, when 90 percent The legislative clerk read as follows: Today we are looking for the oppor- of small employers had their credit The Senator from Nevada [Mr. REID] pro- tunity. needs met, and only 8 percent were un- poses an amendment numbered 4408 to the One opportunity—and our first pri- able to receive credit at all. instructions of amendment No. 4407. ority—is to create new jobs. It is clear that small businesses are Mr. REID. I ask that reading of the This is no easy task. Over the course facing major obstacles to getting cap- amendment be dispensed with. of the great recession, more than 8 mil- ital. The PRESIDING OFFICER. Without lion jobs have been lost. But we must That is why our small business bill objection, it is so ordered. not shy away from this opportunity. includes a provision to completely The amendment is as follows: The first step Congress took to cre- eliminate the tax on the sale of certain ate jobs was to pass the Recovery Act small business stock purchased this At the end of the amendment, insert the following: in February of 2009. In their latest re- year. This proposal would provide a The provisions of this Act shall become ef- port on the Recovery Act, the non- powerful incentive to invest in small, fective two days after enactment. partisan Congressional Budget Office entrepreneurial firms, right now. Mr. REID. I ask for the yeas and nays reports that the Recovery Act has We have also included a provision on the amendment. added 1.2 to 2.8 million people to Amer- that would allow small businesses to The PRESIDING OFFICER. Is there a ica’s payrolls. carry back for 5 years their unused sufficient second? And in March, Congress passed the general business tax credits from this There appears to be a sufficient sec- HIRE Act. The HIRE Act includes a year. That is quite a bit. Current law is ond. payroll tax exemption for new hires. 1 year. The yeas and nays were ordered. That act will help to bolster job cre- And we have included another provi- ation in the coming months. sion that would allow certain small AMENDMENT NO. 4409 TO AMENDMENT NO. 4408 These actions are working. In April, businesses to use these general busi- Mr. REID. I have a second-degree we learned that the economy added ness credits against the alternative amendment to the instructions at the 290,000 jobs. And while we added fewer minimum tax. These provisions would desk. jobs than expected last month, May free up business capital for expansion The PRESIDING OFFICER. The marked the fifth consecutive month of and job growth. clerk will report. And another provision would tempo- job growth. Since the beginning of 2010, The legislative clerk read as follows: rarily shorten the holding period of as- the American economy has created The Senator from Nevada [Mr. REID] pro- sets after a C corporation converts to more than half a million jobs. poses an amendment numbered 4409 to We are also beginning to see eco- an S corporation. This provision would amendment No. 4408. nomic growth. Just a year ago, in the allow small businesses to increase li- The amendment is as follows: first quarter of 2009, the economy was quidity by selling assets that would In the amendment, strike ‘‘two days’’ and shrinking at a rate of 6.4 percent. In otherwise be subject to an additional insert ‘‘immediately’’. layer of tax. the first quarter of this year, however, Mr. REID. Mr. President, in jest, I the economy grew at a rate of 3.2 per- We can also help small businesses by said to my Republican friends that I cent. stimulating investment. Small busi- had kind of practiced this because we This was the third consecutive quar- nesses need to make capital invest- hadn’t filled up the tree much at all. I ter of growth after four straight quar- ments to improve and expand. say that seriously. We have had an ters of decline. One way to boost investment in open process here. You can compare it In just 1 year, the economy went equipment is by increasing the amount to what went on in the previous Con- from freefall to sustained growth. and types of property that small busi- gress, and it has been very open. I hope These signs are encouraging. But we nesses can write off immediately, rath- we can get into an amendment process. still have work to do. er than expense over time. In this weak We will go back and forth. We will try Mr. President, 15 million Americans economy, the ability to deduct the to have some amendments that will remain unemployed. The national un- costs of assets in the year that they are strengthen this bill. This is a bipar- employment rate is still near 10 per- incurred provides an immediate benefit tisan bill, as indicated by the vote that cent. The Congressional Budget Office for small businesses. took place to get us to this. The Re- does not expect unemployment to Our bill also includes an extension of publicans were given this amendment reach its ‘‘natural state’’ of 5 percent bonus depreciation. This provision last night. They have had ample oppor- until 2016. would help small businesses that pur- tunity to look it over. If they have Plainly, we must act. We must work chase equipment to write off those pur- things they want to do to try to im- to create jobs. chases more quickly. The proposal prove it, we on this side of the aisle In America, the private sector is the would also help the businesses that sell mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE want to approach this on a bipartisan backbone of innovation and job cre- the equipment. Bonus depreciation basis. This is a jobs bill to create jobs ation. And within the private sector, sparks investment, increases cash where most jobs are created, by small small businesses are the principal en- flows, and creates jobs. businesses, as 85 percent of all jobs are gine of job creation. Our small business bill also includes created by small business. That is why Over the past 15 years, small busi- two provisions to promote fairness and we are here focused on this today. I nesses have generated two-thirds of all protect small businesses from costs hope this doesn’t become a partisan ex- new jobs. That is about 12 million new that could slow business growth and ercise. It should not. The Small Busi- jobs. development. ness Committee has operated for a long But the great recession hit small First, the act modifies the penalties time on a bipartisan basis. SNOWE was business especially hard. Over the for small businesses that unknowingly VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5517 invest in something that the IRS con- We all know the Gulf of Mexico has In 2008, I, along with an over- siders to be a tax shelter. Businesses had a lot of trauma, and the people whelming majority of my colleagues in can be subject to penalties of up to who live all along the gulf have suf- the Senate, supported the Flood Insur- $300,000 for investing in a tax shelter. A fered quite enough. Now we have a sit- ance Reform and Modernization Act of penalty that large can severely jeop- uation in which tropical storm Alex is 2007. Unfortunately, despite big support ardize the success of a small business. gaining strength off the coast of south in the Senate and in the House, our two Our bill would limit the penalty in re- Texas. Winds are gusting upwards of 70 Chambers failed to resolve our dif- lation to size of the investment. miles per hour, and it could reach hur- ferences. Therefore, it has operated in Our bill also promotes fairness by al- ricane strength at any point. Texas limbo ever since, surviving only in lowing business owners to deduct communities from Padre Island to short-term extensions. against self-employment tax the cost Matagorda Bay are under a hurricane Now there is a bill to extend the Na- of health insurance in 2010 for them- warning. The National Weather Service tional Flood Insurance Program selves and their family members. Cur- is calling for up to 20 inches of rain in through September 30. It has been ap- rent law does not permit the self-em- some parts of our State and is warning proved in the House and was sent to ployed to deduct the cost of health in- communities to brace for life-threat- the Senate. It is currently being held surance for themselves and their fam- ening flash floods and mud slides. up. ily members in calculating self-em- However, at this very time, thou- My colleague from Louisiana, Sen- ployment tax. But health care for em- sands of Texas homeowners are left ator VITTER, offered a unanimous con- ployees receiving coverage through an vulnerable to the damage this storm sent request this morning to bring up employer is generally tax free. So our could wreak on their homes and prop- this House bill, pass it in the Senate, bill would put the self-employed on a erty. Why? The National Flood Insur- and send it to the President. It would more equal footing. ance Program lapsed at the end of May, have extended the flood insurance pro- Our small business bill includes pro- which means homeowners are cur- gram until September 30 so that people visions aimed at promoting entrepre- rently unable to take out new policies. could buy insurance, know they would neurship. According to a recent report, Allowing a lapse in federally backed be covered, be able to close on their from 1980 to 2005, nearly all net job cre- flood insurance is unacceptable at any homes, and be able to get coverage ation occurred in firms less than 5 time, but the failure to extend it at the while we continue to hammer out the years old. In fact, without startups, net outset of hurricane season is unthink- differences in a long-term extension of job creation would have been negative able. The very purpose of the National the program. almost every year for the past three Unfortunately, there was an objec- decades. Flood Insurance Program is to make sure coastal residents and other flood- tion raised to the House bill going As our economy emerges from the prone communities can purchase reli- through the Senate. It is so important great recession, we need to ensure that able, federally backed flood insurance. that we do this. I asked the reason for American entrepreneurs have the re- The program allows homeowners to the objection. I asked one of my col- sources, the financing, and the oppor- tunities they need to create jobs and purchase flood insurance policies in leagues on the other side: Why was this realize their dreams. Our bill would areas where private insurance is hard— objected to? and in some cases impossible—to get. The answer was: Is it more important help promote entrepreneurship by tem- Since residents in some areas are re- than the tax extenders bill? porarily increasing the amount of quired to have it in order to close on I cannot say it is more important be- startup costs that could be deducted. home purchases, many gulf coast fami- cause we do need to extend unemploy- This would free capital that could be lies cannot close on mortgage con- ment insurance, but they are not mu- used to invest in other aspects of busi- tracts. My Houston office received 200 tually exclusive. We can do one or the ness. Our bill would devote more than $5 calls yesterday from people who were other; we can do both. There is no ob- million to the U.S. Trade Representa- in the process of closing on homes jection to the substance of the bill. No tive to expand opportunities for U.S. which required flood insurance protec- one on the other side of the aisle ob- small businesses in foreign markets. tion to be shown before they could jects to the bill. They just want to pass This would help American goods and close, and they cannot get the flood in- the extenders package. We want to pass services to reach new customers surance because it is not available out the extenders package too. We want it around the world, this would create of the private sector and this program to be paid for. jobs right here at home, and this would has lapsed. Today, it is the Federal We can do this. It is so important and help the USTR to enforce our trade Government that is standing in the so timely. It is timely because people agreements to ensure American way of these people being able to close are not able to close on contracts. startups can compete on a level play- on a contract. Mortgage companies are saying: Our ing field. Because of previous devastating hands are tied. You have to show that Our bill is all paid for. No deficit storms, including Hurricanes Katrina you have this flood insurance to close, spending here—all paid for. Our bill and Rita, the National Flood Insurance and there is no flood insurance avail- would reduce the tax gap, promote re- Program has incurred billions of dol- able on the private market. The Na- tirement preparation, and close tax lars in claims and is in an economi- tional Flood Insurance Program has loopholes. cally tenuous position. I have sup- not been extended. Today, we must find opportunity in a ported legislation to revise and update This is one that Congress can resolve. difficulty. The great recession has been this program. It needs to meet the de- We are going to be here for a few more a major difficulty for American work- mands of today while still providing days this week. We can do this. I im- ers and small businesses, but we can access to flood insurance coverage to plore my colleagues: Please, let’s seize a major opportunity by helping Americans living in floodplains—Amer- unanimously consent to letting this small businesses and getting Ameri- icans who are trying to do the respon- bill go through. The House has passed cans back to work. sible thing. They are trying to pur- it unanimously. I urge my colleagues to support this chase insurance. It is not available in A hurricane is headed right now for important small business jobs bill. the private market, and we need to the Gulf of Mexico. It is time to allow mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE NATIONAL FLOOD INSURANCE PROGRAM have that kind of opportunity for peo- our responsible citizens who want to Mrs. HUTCHISON. Mr. President, I ple to be able to purchase their own in- purchase flood insurance to be able to would like to speak in morning busi- surance for them to be able to close on do so in a responsible way. ness about the National Flood Insur- homes, of course, and to be able to pro- We certainly need to modernize the ance Program and talk about the im- tect themselves from damages. These National Flood Insurance Program, portance of extending the National are people who do not want to have to and I will work tirelessly to make that Flood Insurance Program as a tropical file claims against the Federal Govern- happen. But with a storm approaching storm—that could be a hurricane—is ment. They want to be able to purchase right now, we need to extend this pro- growing in the Gulf of Mexico and mov- their own insurance and know they gram until the end of the hurricane ing toward my home State of Texas. have it. season. We do not want people to have VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5518 CONGRESSIONAL RECORD — SENATE June 29, 2010 to flood into the government after the have five people, five Americans who has been needed for so many families fact when they are desperate, not are looking for every one available job. through unemployment insurance. knowing if they are going to get cov- The e-mails and the phone calls I get Mr. ENSIGN. Mr. President, I rise to erage. We do not want them to have to truly are heartbreaking. They are from talk about an amendment Senator come to the Federal Government and people who have worked all their lives. KERRY and I will be offering as an ask for claims to be processed. Let These are not people who, as some have amendment to the small business jobs them cover themselves so they can deal said, are lazy. These are people who bill. This amendment is to correct with the issue, knowing exactly what have worked hard all their lives and something we do not want the IRS en- their coverage is. That is not too much they have done nothing but play by the forcing right now. Senator KERRY and I to ask for the residents of the gulf rules—take care of their families, fol- have 72 Members who have cosponsored coast. lowed the law, put a little bit aside to our bill that we will be offering as an I hope the majority leader and the send their kids to college. They want amendment. There is overwhelming bi- majority will work with us to begin to to have a good American life, what partisan support for this. I thank address this issue in a timely way. The they have worked hard for as their Chairman BAUCUS and Ranking Mem- House has passed this bill unani- American dream. ber GRASSLEY for committing to work mously. I urge my colleagues in the Unfortunately, because of a lot of with Senator KERRY and myself to get next 2 days to please allow the Na- factors in the global economy—too this issue addressed. tional Flood Insurance Program to be much, in the last decade, of folks pay- The need for the amendment is based extended until September 30, a bill that ing attention to cheap prices and not on a little-noticed provision that was has unanimously passed the House and American jobs and losing jobs overseas, added in 1989. It has to do with cell surely should be able to go through the not enforcing our trade laws or not fo- phones and similar devices that are Senate since there is no substantive cusing on making things here in this treated as what the IRS has known as objection to this bill. country—we have a situation where ‘‘listed property,’’ along with com- Mr. President, I yield the floor. people have lost their jobs. Then, when puters and automobiles. As a result, I suggest the absence of a quorum. you add to that what happened on Wall employees and employers must keep The PRESIDING OFFICER. The detailed records of all calls made on Street—where people lost savings, pen- clerk will call the roll. their employer-issued cell phones, indi- The assistant bill clerk proceeded to sions, 401(k)s, and maybe their job; when credit dried up and small busi- cating whether they are personal or call the roll. Ms. STABENOW. Mr. President, I ask nesses could not get loans or manufac- business related, or have the value of unanimous consent that the order for turers couldn’t get the help they need- the phone included as taxable income. the quorum call be rescinded. ed—people found themselves in a disas- This law is a good example of the Gov- The PRESIDING OFFICER. Without trous situation through no fault of ernment attempting to micromanage objection, it is so ordered. their own. the economy and why they shouldn’t. Ms. STABENOW. Mr. President, They did not create the Wall Street Government is not good at keeping up when I think of Senator BYRD and all crisis. They were not the ones who de- with the private sector. of our great memories of him, it re- cided whether to enforce our trade Twenty years ago, cell phones were minds me of how important it was to laws. They weren’t the ones to decide bulky, they were cumbersome and ex- him to understand what people are whether we as a country were going to pensive, they were the size of a brick going through in their lives—in this invest in American manufacturing. But and weighed almost as much. When economy, certainly. I know if he were they are taking the brunt of it. given by businesses to employees, they here, he would be on the floor, speak- We have talked for 8 weeks now, 8 were considered to be an executive ing about the importance of helping weeks to pass a bill that is a jobs bill, perk or a luxury item and were often people who have lost their jobs—people to invest in jobs in the economy and to hardwired to the floor of a car. who, through no fault of their own, continue help for people who are out of During the past 20 years, of course, have gotten caught in this economic work through no fault of their own. cell phones and mobile communica- tsunami, who find themselves maybe Boy, they hope it is temporary. They tions devices have become incredibly one step away from losing their house surely hope it is temporary and we small and cheap, and their use has sky- after they lost their job, probably lost hope it is temporary. rocketed. Cell phones and other mobile their health insurance. Maybe they are Despite 8 weeks and a tremendous communications devices are now part in the midst of foreclosure right now amount of negotiation, we have not of daily business practices at all levels. because they lost their job and cannot been able to get the votes to stop a fili- As a matter of fact, they are part of al- pay their house payment. buster. We have come up short every most every American’s daily life. They These are families who are counting time. I am hopeful this week we will be are an extension of the office for many on us to understand, as Senator BYRD able to get beyond that. The people in employees and everyone recognizes the always did, what it is like to be a mid- Michigan are desperately hopeful. They real motivation of employers is being dle-class family, a working family, are also desperate. They are also angry able to call their employees at any where the breadwinner has lost their that we have not been able to get be- time and at any place. The cost of pro- job or the breadwinner can no longer yond this partisan wrangling to be able viding coffee per employee today is bring home the bread—the food, gas for to actually help them keep a roof over likely higher than the per-employee the car, pay the electric bill—because their head and keep food on the table cost of a cell phone or personal device. they have lost a job. for their families. We will have another The mobile cell phone amendment up- We know there are five people today opportunity, I hope this week, to dates the tax treatment of cell phones looking for every one job that is avail- change that. It is absolutely critical and mobile communications devices by able. That used to be worse. It used to that we do. repealing the requirement that em- be six people looking for every one job. There are a lot of people who are not ployers maintain these overly burden- We are beginning to see things turn. down in the weeds about what is going some, detailed usage logs. Outdated tax When President Obama took office, as on legislatively; are not following laws such as this must be updated to we know, we were losing about 750,000 closely what is happening here—but reflect 21st century realities, and this mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE jobs every month. By focusing on the they know this: They know they need bipartisan amendment would do ex- recovery, by investing in people, by in- help. They want to know who is on actly that. vesting in making things in this coun- their side and who is willing to under- This is a small but important meas- try, by focusing on job training as well stand and come forward and appreciate ure that we should be able to enact as helping people without jobs, we have what families across this country are today to help small businesses, non- been able to turn that around. There going through. I hope this week we are profits, colleges, and employees use to- were zero jobs lost at the end of the going to be able to say to them that fi- day’s technology for business without year and now we are gaining jobs. nally this Senate gets what is hap- interference from yesterday’s regula- But even though it is turning around, pening to families and we are going to tion. This proposal was included in the we are still in a situation where we extend the temporary assistance that President’s budget, and if you need VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5519 more reasons to vote for this bill, talk onerous recordkeeping burden any- a state of flux, as right now—what is it to the Internal Revenue Commissioner, more. It is a commonsense amendment. going to be this year because of sunsets Doug Shulman, who released a state- It has broad bipartisan support. I urge this year—that uncertainty causes ment that supports repeal of the cur- colleagues to support it at the appro- businesses not to be as aggressive as rent IRS cell phones reporting rules. priate time. they normally might be in hiring. In his statement Commissioner I yield the floor. While President Obama and my Shulman states that: The PRESIDING OFFICER. The Sen- Democratic colleagues agree that The current law, which has been on the ator from North Dakota. small businesses create 70 percent of books for many years, is burdensome, poorly (The remarks of Mr. CONRAD are the jobs in our economy, less than one- understood by taxpayers, and difficult for printed in today’s RECORD under half of 1 percent of the stimulus bill the IRS to administer consistently. ‘‘Morning Business.’’) was tax relief for small businesses—in Let me quickly summarize what we Mr. CONRAD. I suggest the absence other words, not putting the money are doing. Basically, everybody who of a quorum. where it would do the most good. gets a cell phone from their employer, The PRESIDING OFFICER (Mrs. The HIRE Act, which the Democratic we don’t want them to pay tax on that HAGAN). The clerk will call the roll. leadership sold as a so-called jobs bill, cell phone as some kind of a perk. If The assistant editor of the Daily Di- did not fare much better in providing you think about how bills are paid gest proceeded to call the roll. tax relief to our Nation’s job engine. today with cell phones, you have a Mr. GRASSLEY. Madam President, I There was only one provision directed monthly usage charge. You don’t get ask unanimous consent that the order solely to small business tax relief. That charged per cell phone call as it used to for the quorum call be rescinded. was a provision I supported that in- be in the old days when cell phones The PRESIDING OFFICER. Without creased expensing equipment pur- were very expensive. People buy plans objection, it is so ordered. chased by small businesses. But it is a per month, so many minutes you get Mr. GRASSLEY. Madam President, I very small provision, and it only gave with those plans. For virtually every- wish to address my colleagues for a few small businesses what they have al- body who gets a cell phone from a com- minutes about the pending legislation ready been getting for the last couple pany, that is the way those plans are that was recently introduced by my of years. That provision was only $35 purchased today. We need to simplify chairman and friend, Senator BAUCUS million out of a $21 billion bill. the Tax Code. This is a very minor pro- of Montana. This bill is targeted at cre- With the recent introduction of the vision but an important provision be- ating jobs by providing targeted relief small business tax relief bill, it looks cause you don’t want, all of a sudden, to our Nation’s job engine, and that as if this body is finally starting to get when you are going back through an happens to be small businesses. serious about tackling unemployment IRS audit, to have to go back years and Our Nation is currently facing chal- through a true jobs bill, compared to years and go through every one of your lenging economic times, as we have previous stimulus or jobs bills pro- cell phone records and determine now for about 20 months. While there moted by the majority. whether that was a personal phone have been some signs of improvement, This small business bill has a rather call, was this a business phone call, and such as the recent growth of our gross modest cost of about $12 billion to $15 what percentage now, and having to domestic product, job losses continue billion. It is targeted at job creation by figure all that out. to mount and many hard-working providing small businesses incentives This is a simplification of the Tax Americans are struggling to make ends to invest in new equipment, expand Code. It is the right thing to do. It is a meet. According to our Bureau of their operations, and ultimately hire very simple thing to do. As soon as the Labor Statistics, around 8 million jobs new employees. amendment process is figured out, we have been lost since our economy offi- The bill includes provisions that will be offering this as one of the first cially slipped into recession in Decem- would encourage businesses to invest amendments to the small business tax ber of 2007. The unemployment rate is in new equipment and real property by bill. currently 9.7 percent, which is simply increasing the amount of capital ex- Once again, it has been a pleasure an unacceptable level. penditures small businesses can ex- working with my colleague Senator Small businesses in particular have pense. For equipment, the amount that KERRY on this bill. been hit hard, with most job losses can be expensed is increased to $500,000, I yield the floor and suggest the ab- being attributed to businesses with and for real property it is $250,000. sence of a quorum. fewer than 500 employees. According to Moreover, it encourages investment The PRESIDING OFFICER (Mr. the ADP national employment data, by providing additional first-year KAUFMAN). The clerk will call the roll. from December of 2007 through May of bonus depreciation. It promotes entre- The legislative clerk proceeded to this year, small businesses with fewer preneurship by increasing the amount call the roll. than 500 employees saw employment allowed as a deduction for startup ex- Mr. BAUCUS. I ask unanimous con- decline by 6.4 million, while businesses penditures. It would increase access to sent that the order for the quorum call with 500 or more employees saw em- capital by allowing 100 percent of gain be rescinded. ployment decline by 1.66 million. Ac- from investment and qualified small The PRESIDING OFFICER. Without cording to this data, small businesses— business stock to be excluded from in- objection, it is so ordered. those with fewer than 500 employees— come and taking the general business Mr. BAUCUS. Mr. President, the Sen- accounted, then, for nearly 80 percent tax credit out of the alternative min- ator from Nevada, Mr. ENSIGN, spoke a of the decline in employment during imum tax for sole proprietorships, for few moments ago about the amend- that period of December 2007 through flowthroughs and nonpublicly traded C ment we hope we can consider shortly, May 2010. corporations with $50 million or less of the Kerry-Ensign amendment on cell The lack of job creation continues annual gross receipts. It also increases phones. That amendment deals with despite aggressive actions taken at the access to capital by extending the 1- when an employer gives a cell phone to Federal level to stabilize the economy. year carryback for general business an employee. The question is, Is that This includes the enactment of the credits to a 5-year carryback for small compensation to the employee or is TARP bill, also the $800 billion stim- businesses. mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE that an investment by the employer? ulus bill, and more recently a bill we Finally, the bill promotes small busi- Under current law, the IRS expects termed the ‘‘HIRE Act.’’ However, ness fairness by limiting harsh pen- taxpayers to document how much they these bills were all missing a critical alties that have been imposed on small use the company’s cell phone for busi- ingredient for spurring job creation; businesses by the IRS and equalizing ness and how much they use it for per- that is, substantial tax relief targeted the tax benefits for health insurance sonal use. I think most people don’t at small businesses. The reason for that self-employed individuals may re- keep these records. Frankly, most of that is most small businesses hire or do ceive to those received by employees. my colleagues don’t believe they not hire according to what their cash While this small business bill would should have to. This amendment says flow is. When taxes are high, there is go a long way in informing small busi- businesses should not have to bear this less cash flow or when tax policy is in nesses Congress is very serious about VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5520 CONGRESSIONAL RECORD — SENATE June 29, 2010 reducing the burdens imposed on them, body wants to be out there cam- aisle. There were a large number of many businesses continue to struggle paigning this fall with the largest tax Senators in the then-Democratic mi- and will not hire new employees simply increase in the history of the country nority—which soon became a majority because it is the stated policy goals of happening without even a vote of the because of the switching of one Senator Congress. people and particularly as it is going to from a Republican to a Democrat—who According to the most recent survey hit middle-income taxpayers. helped push through this bipartisan tax from the National Federation of Inde- So you have this possibility whether relief enacted in 2001. pendent Businesses—and we refer to it is Congress legislating, in the higher Under statutory pay-as-you-go, the that organization around here as the tax brackets, higher taxes or whether amount permitted in this area by the NFIB—when businesses are asked what it is just the tax increase going into ef- budget of last year is about $1.4 tril- the single most important problem fac- fect without a vote of Congress. You lion. It covers about 80 percent of ex- ing their business is, the No. 1 answer can see here in the charts that a small tending all the marginal tax rates and is lack of sales, but this is closely fol- business owner who is married and has family tax relief from the 2001 and 2003 lowed by taxes and then by government two children, who has $500,000 in tax- bipartisan plans. That number makes regulation and redtape. able income could see a $19,600 tax sense because the bipartisan tax relief I have a chart here from the most re- hike. That is a 13-percent increase in plan cuts taxes for virtually every cent NFIB survey listing the top prob- taxes. American family who pays income tax. lems facing small businesses, and you One way Congress can try to put How significant and how widespread can see there, as I said, that first is some certainty back into the lives of is that tax relief, you may ask. This poor sales; secondly, taxes; and then small businesses and entrepreneurs is chart, drawn not by Republicans or government regulation and redtape by dealing with the unfinished tax leg- Democrats but by the Congressional being the hindrances to small busi- islation business. As this chart shows— Budget Office data, sheds some light on nesses expanding to create the jobs and I think I brought this chart to the that very point I bring up. In other small businesses can create. Con- floor at least four times in the last 3 words, the significant and widespread sequently, you can see tax policy is weeks I have been addressing this issue tax relief is very dramatic for most very important because, as I said, of taxes—there are four major pieces of Americans. small businesses tend to operate out of legislation dealing with expired or ex- The line above measures the effective cash flow to a greater extent than com- piring tax provisions that have yet to tax rate paid by the top 5 percent of panies with equity and stock. be addressed by this Congress, meaning The small business community is taxpayers. What is significant about between now and adjournment this De- currently being strangled by a climate that 5 percent is this is where the cember. of uncertainty. Whether we are speak- I have talked about this unfinished small business owner tax hit occurs. ing about cap and trade—some people tax legislation business several times This group roughly represents those refer to that as cap and tax—that will over the past few weeks, but I cannot taxpaying families with incomes over drastically increase energy costs or stress enough how important dealing $250,000. Under the Democratic leader- about health care reform that will re- with these time-sensitive matters is for ship’s budget, this line will go back up quire small businesses to offer health the business community because one of to where it was in the year 2000. So you benefits that will increase the cost of the reasons they are not hiring is be- can see where the white vertical line labor or about the call for tax increases cause of the uncertainty that is out goes is where we were in the year 2000. on so-called wealthy taxpayers earning there—what is Congress going to do And this is also where the President’s over $200,000, that will largely fall on and when are they going to do it? With- budget and the statutory pay-as-you-go the backs of small businesses. Whether out certainty in tax policy, businesses regime would take the raise. you are talking about any of these are unable to plan for the future, and People on my side of the aisle—Re- three—or more that I could mention— many businesses are in a holding pat- publicans—believe this significant tax there is a great deal out there that tern waiting to see what Congress will increase will be a mistake. We hope we causes small businesses to stop and do. So it is quite obvious this is very will be able to debate this policy in the think of whether now is the time to ex- bad for the economy and it will not be House and Senate, in committees and pand and hire new workers. an environment for job creation. The on the floor. That was, after all, the Taxpayers earning above $200,000 are list of unfinished tax legislative busi- process we followed when the bipar- frequently identified as coupon clippers ness includes everything we have here, tisan tax relief plans were passed in by many of my friends on the other but I will mention them: the tax ex- 2001, 2003, and 2005. We will point out, side of the aisle. A disproportionate tenders, which are overdue by over a as we did then, that the tax increase level of business activity is attrib- half year; it also includes the alter- falls primarily on the backs of small utable to small businesses owned by native minimum tax patch; another businesses. that group, and we have a chart here area is the death tax; and the final area Data from the Joint Committee on that shows evidence of this linkage. is the 2001 and 2003 tax rate cuts. Taxation—and these are the non- This chart is based upon Gallup survey I am going to discuss that policy partisan official congressional score- data showing that over half of the larg- today and its implication for small keepers on tax issues the way the CBO er small businesses—the ones with the businesses because until we get small is on spending issues—shows that 44 good share of the workforce—are con- businesses confident of the future and percent of the flowthrough business in- trolled by taxpayers who are targeted willing to spend money and invest, we come will be hit with the increase in by the other side’s marginal rate hikes. are not going to create jobs. And that the top two tax rates proposed by the Twenty-seven percent of the medium- is a big void that is out there—not that President and the Democratic congres- sized small businesses are controlled by this Senator is the only one saying so. sional leadership. A lot of this income taxpayers targeted by as much as a 17- Many Senators on the other side, in- is concentrated in the larger small percent marginal rate hike. cluding the leader of the Senate, have businesses I have referred to here ear- The owners of the smallest of the said that 70 percent of new jobs are cre- lier, particularly those of up to 500 em- small business community are also af- ated by small businesses. ployees. mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE fected. You see from the chart that it As important as the AMT patch and This hits small businesses particu- provides an example of how a fairly the death tax are, they are dwarfed by larly hard since most small businesses typical small business owner would be the impact of this fourth package of are organized, as I have said, as impacted by the increase in just the expiring tax provisions—the 2001 and flowthrough entities. So it will in- two marginal tax rates, which is the 2003 rate cuts. This was a bipartisan crease taxes on a single small business proposal of the President and I assume tax relief package. I get so tired of peo- owner who makes more than $200,000 something we are going to be dealing ple talking about the Bush tax cuts per year even if they plow all their in- with between now and the end of the from the standpoint that it was an en- come back into their small business to year because everything sunsets on De- tirely Republican-driven effort with no keep paying their workers or hire addi- cember 31. And I can tell you that no- support from the other side of the tional workers. VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5521 The top marginal rate on small busi- income earners have paid a lot higher keeps small business from hiring and ness owners will rise by almost 17 per- effective tax rate than the bottom 95 expanding. cent. Democrats and Republicans agree percent. It has been that way no mat- Upon assuming control, the majority that small businesses are the key job ter which party has controlled the has spent 31⁄2 years with no legislation creators of the past and the future. White House, Congress, or both the to make permanent or even extend the President Obama correctly pointed out White House and Congress. It shows marginal rate cuts and family tax re- that small businesses create 70 percent something that you would never know lief packages. My friends in the Demo- of the new jobs. if you listen to the rhetoric of the ma- cratic leadership need to step to the The rest will also hit investment jority Members of this body or even lis- plate. We have had budget and statu- hard. The top capital gains rate will ten to the punditry on the left and tory pay-as-you-go, we have debated rise by 33 percent. The top dividend some in the media. and voted on the breadth and composi- rate could nearly triple. All of this is Here is what it shows: A progressive tion of the marginal rate cuts and fam- set to occur, not at some far distant fu- income tax system is deeply embedded ily tax relief in those contexts. No leg- ture point, it occurs about a half year in our culture. The bipartisan tax relief islative action whatsoever. No House from right now. plans of 2001 and 2003 made the system committee or floor action. No Senate We all hope the economy is on a path yet more progressive. These plans committee or floor action—as you can to recovery, but does this heavy tax in- brought the rates down for the bottom see by my ‘‘to do’’ list. crease on small business owners and in- 95 percent of the taxpayers, as you can The Democratic leadership needs to vestment ever make sense? Even the see here on the bottom line. The 2001 step to the plate. Blaming former most liberal Members on the other side and 2003 tax relief plans dropped the ef- President George W. Bush and the Re- might wonder whether it makes sense. fective tax rates for tax-paying fami- publican Congresses of many sessions Do we think the private sector will lies under $250,000 to their lowest levels ago is no substitute for running this grow if we hit small business investors in a generation. This is the current time-sensitive tax legislative business this hard 6 months from now? And through the legislative process. Put law, the current level of taxation. think of the uncertainty between now In about a half year these rates will forward some proposals. Let’s debate and then. They are not going to do any- pop back up for all of these taxpayers. those proposals. Let’s allow for amend- thing. That is the checkered line going across ments. Do the people’s business. It is I remember that this President, be- time to fill in each of these boxes with there. That is where they are going to tween his election and January 20 when a checkmark instead of an X. return to. The President, as powerful he was sworn in, decided that going Fiscal history shows us that raising as he is, cannot unilaterally hike or into a recession—or by then in a reces- these marginal rates on small busi- cut taxes. He needs a bill from Con- sion—even though he campaigned on a nesses by as much as 17 percent will gress to do that. promise of increasing taxes on higher not necessarily improve the fiscal pic- On our side, we want all the tax relief income people, it was not the right ture. The relationship between higher made permanent. We want the oppor- thing to do at that time of a recession. rates and higher revenue is tenuous at Last December the President had tunity to debate and to amend a bill best. some of us down to talk about jobs, that deals with this basic level of tax- I have a chart that tracks this his- helping turn the economy around, get- ation, the basic level of taxation where tory for over 50 years, I believe. Yes, ting people hired. When he called upon the solid lines take us both for high-in- for 55 years and, who knows, maybe me I offered him that same advice that come people and low-income people; farther back than that. Taxpayers are he decided by himself 12 months before, otherwise, they go back up to the not automatons. Small business tax- that being in a recession was no time checkered line there. This is unfinished payers will respond dramatically to to increase taxes. We were in a reces- business that affects virtually every higher rates. I am afraid the response sion still in December of 2009, as we American taxpayer. will not help the economy. It will not were in December of 2008, and we still It is clear that over the last 31⁄2 mean expansion. It could mean con- have 9.7 percent unemployment. The years, Republicans do not control this traction. This is not the right signal to President could help the economy if he Congress. We cannot decide the fate of send if we want businesses to create would announce, as he did before being the marginal rate cuts. It will have a more jobs. sworn in, that even though I cam- fiscal consequence. There are pretty I want to emphasize this chart. You paigned on a platform of increasing significant fiscal consequences, but if can see, over a period of 55 years, the taxes on higher income people, now is the Democratic leadership wants to red line is the revenue coming into the not the time to do it. But he seems in- keep these levels of taxation low, then Federal Treasury from all Federal clined to increase taxes, even though it they have to deal with the fiscal con- taxes as a percentage of gross domestic is detrimental to job creation, particu- sequences. product. Then you can see over that 55 larly job creation by small business. Alternately, the Democratic leader- years we have had varying years of You can see, then, that the bipar- ship can raise taxes and claim the rev- high marginal tax rates and lower mar- tisan tax relief brought, at the time we enue. Not changing the law by failing ginal tax rates. It was 93 percent under passed it, the effective rate down with to act is the same as raising rates on Eisenhower, down to a low of 28 per- respect to the bottom 95 percent of the virtually every American taxpayer. cent under Ronald Reagan, back up to taxpayers as well. That is the bottom But they will have to explain to those 35 percent for several years as a result line of my chart right here. So it was a taxpayers why they raised taxes by al- of the Bush tax increase, continued by tax cut across the board for almost most 10 percent on average. the Clinton tax increase. Then with the every American. I stress this because In the 2006 election almost 4 years 2001 bill you see it go down, the mar- some of my colleagues on the other ago, the American people provided the ginal tax rates, to 35 percent from 39 side of the aisle may be thinking to Democratic leadership with control of percent. themselves: Sure, this is true for in- this Congress. In the election 18 What that ought to tell you is that come taxes. But what about other Fed- months ago, the American people pro- the people of this country are smarter eral taxes, such as Social Security, vided the Democratic leadership the than we are here in the Senate. We can which make up a large percentage of largest majorities that any one party think we are going to increase mar- mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE taxes paid by lower and middle-income has had in this body in more than a ginal tax rates and bring in a lot of individuals? This chart is not just a de- generation. They also provided the revenue. But the people of this country piction of Federal income taxes; this Democratic leadership with a Presi- who have the capability of deciding includes all Federal taxes. This in- dent of their party. The Democratic whether they are going to invest and cludes Social Security, other payroll leadership spent the period of 2001 to create jobs and invest so they can taxes and excise taxes frequently re- 2006 thwarting efforts to make the bi- make more money have decided that ferred to by my colleagues on the other partisan tax relief of 2001 and 2003 per- they are only going to send so much side as ‘‘regressive taxes.’’ manent—which, if they had not fought money to Washington, DC, for those of Even including all Federal taxes over it, would be permanent law and we us in the Congress to decide how the the last 30 years, the top 5 percent of would not have this uncertainty that resources of this Nation are divided. VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5522 CONGRESSIONAL RECORD — SENATE June 29, 2010 You can have 93-percent tax rates or numbers could be higher or lower. Ac- Mrs. SHAHEEN. Madam President, I you can have a low of 28-percent tax cording to CBO: ask unanimous consent that the order rates, but you still get about the same Estimating the law’s overall effect on em- for the quorum call be rescinded. amount coming in. So we ought not ployment requires a more comprehensive The PRESIDING OFFICER. Without fool ourselves that we can direct to analysis than the recipients’ reports provide. objection, it is so ordered. this country that we are going to force For this analysis, CBO relies upon Mrs. SHAHEEN. Madam President, I you to pay more taxes with higher computer models. In other words, CBO am here to speak to the bill that is marginal tax rates, because the people does not look at the actual jobs data; pending before us. Small businesses are in this country have the ability to de- instead, it looks at a model of the the cornerstone of New Hampshire’s cide that they are going to work and economy. CBO is very upfront about economy, just as they are the corner- produce or is it worth working and pro- this to all of us. stone of the economies of so many of ducing if you have high marginal tax CBO used a computer model to pre- our States. rates and then maybe decide not to dict how many jobs the stimulus bill Over 96 percent of employers in New work and invest so hard and maybe would create before it was enacted into Hampshire are small businesses with take a life of leisure—more so. But you law. Now that the stimulus bill is law, fewer than 500 employees, 96 percent. find when you reduce marginal tax CBO is using a computer model to tell The economic recovery of New Hamp- rates you get more economic activity us it did just what they said the model shire depends on the ability of those from it. You get more economic activ- would do, create jobs. Why would CBO small businesses to invest in their fu- ity from it because, quite frankly, we rely upon a model instead of actual ture, to grow their businesses, and to in this Congress, 535 of us, when we de- data? hire new workers. cide what to do with the resources of According to CBO: But right now many of these small Data on actual output and employment businesses are hurting and they con- this country it does not do as much . . . are not as helpful in determining [the tinue to have trouble accessing credit, economic good as when you leave the stimulus bill’s] economic effects . . . because money in the pockets of 137 million the credit they need to help turn our isolating those effects would require know- taxpayers and they decide whether to ing what path the economy would have economy around. While community spend or whether to save or to spend taken in the absence of the law. Because banks in New Hampshire have in- and save and how to save it and what that path cannot be observed, there is no creased their lending, I consistently to spend it on. It creates more jobs. way to be certain about how the economy hear from small businesses that they I hope we look at helping small busi- would have performed if the legislation had still need additional working capital. not been enacted. Last year my office organized a fi- ness. The bill before us is a good bill with solid initiatives for small busi- In other words, CBO does not know nancing fair to bring together lenders ness. I compliment my friend Chair- how much better or worse the economy and small businesses who need financ- man BAUCUS for diligently pressing would have been if the stimulus bill ing. Over 500 people showed up. That is these issues. They would be even more had not been enacted. That means CBO a crowd in New Hampshire. Wherever I effective if we could address the uncer- does not know how much better or go in the State, small business owners tainty a small business faces on the tax worse the economy is now as a result of tell me they have run out of financing front. the stimulus bill. options. In some cases their only When it comes to whether small busi- So, basically, CBO is saying: Trust choice is to turn to credit cards, their ness can do a better job of creating em- us—or more specifically, trust our personal credit cards where they pay ployment or whether government can model. But if the model was wrong to exorbitant interest rates to get the do it, I wanted to ask the question: begin with, then it is still wrong. Ac- working capital they need to keep How many jobs did the stimulus bill cording to CBO, their model relies on their businesses growing. create? historical relationships to determine That is why we need to quickly pass Here we were, February of 2009, pass- estimated ‘‘multipliers’’ for each cat- the Small Business Jobs Act. This leg- ing an $800-some billion stimulus bill egory of taxes and spending in the islation will help small businesses in supposedly to keep employment under stimulus bill. The problem is, there is New Hampshire and across the country 8 percent, and it has not been under 91⁄2 no way to know whether these histor- access the credit they need to create percent for well over a year. That is ical relationships remain constant over jobs and to weather this economic government, through stimulus, trying time or whether they change under dif- storm. I am very proud of the work of to create jobs—and not enough in the ferent economic circumstances. In my committee. As the President private sector, by the way. short, the jobs numbers attributed to knows, the Small Business Committee So in recent weeks, a number of my the stimulus bill are based on assump- does great work. It is led by Chairman colleagues have come to the floor to tions that may or may not have any LANDRIEU and Ranking Member SNOWE. proclaim the success of this massive, basis in reality. They have worked and we have The bottom line is this: CBO cannot worked on this committee to fashion now I guess it adds up to a $862 billion be cited as an authority for the propo- stimulus bill that Congress enacted in bipartisan measures to strengthen crit- sition that the stimulus bill actually February of 2009. Similar statements ical SBA programs for small busi- created jobs. All CBO has done is con- were made earlier this very day. nesses. This afternoon I want to talk firm that its model, and I repeat, CBO’s Although the number of private sec- about two of those provisions in par- model, projected jobs would be created tor jobs has increased by only half a ticular that I think will provide tan- from the stimulus bill. million since 2009, my friends on the CBO has not confirmed that the stim- gible credit solutions for small busi- other side continue to insist the stim- ulus bill actually created jobs. What we nesses in New Hampshire. ulus bill has created millions of new do know is that in 18 months, since the Many creditworthy small businesses jobs. So I would like to see how they $862-plus billion stimulus bill went into have mortgages on their property that justify those claims. The stimulus bill effect, the private sector has added a are coming due in the next year. In requires certain recipients of stimulus relatively small number of new jobs, normal times these businesses would funds to report the number of jobs they about half a million. This is a small simply refinance those mortgages at have created or saved or, more accu- reasonable rates. But with commercial mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE portion of the number of new jobs as- rately, they report the number of jobs serted by my friends on the other side real estate lending so tight, and real funded with stimulus dollars. The stim- of the aisle. estate values falling, the only option ulus bill also requires the Congres- I want to make the RECORD very for many businesses is to refinancing sional Budget Office, CBO, to issue a clear on this very important point. at very high rates. This drains them of quarterly report on those numbers. I yield the floor, and I suggest the ab- the cash they need to pay for their CBO is careful to point out that the sence of a quorum. workers and buy new inventory. number of jobs being reported by stim- The PRESIDING OFFICER. The For small businesses that cannot re- ulus recipients is not a comprehensive clerk will call the roll. finance at all, they face foreclosure estimate of the economic impact of the The assistant legislative clerk pro- even though they may have never stimulus bill. CBO says the actual ceeded to call the roll. missed a payment on their loan. The VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5523 Small Business Jobs Act will change an The ACTING PRESIDENT pro tem- didn’t have to report on that. I wish existing SBA program in a way that pore. Without objection, it is so or- those of us who come to the floor peri- makes sense. It will change the 504 pro- dered. odically to talk about the war and to gram to help small businesses refi- (The remarks of Mr. UDALL of New talk about individuals from our States nance these mortgages at low rates. Mexico are printed in today’s RECORD who have perished—who have either This will free up capital for these small under ‘‘Morning Business.’’) been killed or who are suffering from businesses to hire workers and to make Mr. UDALL of New Mexico. I yield grievous injuries—could come and talk other investments to grow their oper- the floor and I note the absence of a about some other milestone in the life ations, and we can do this in this bill quorum. of that person—a soldier such as 24- at no cost to the taxpayer. The ACTING PRESIDENT pro tem- year-old Sergeant Caskey. I wish I In New Hampshire, this will help pore. The clerk will call the roll. could come and report about some small businesses of all kinds: manufac- The assistant editor of the Daily Di- other milestone in his life instead of turers, hotels and restaurants, doctors gest proceeded to call the roll. the news about his death. offices, and many others. This will help Mr. NELSON of Florida. Madam But we have to talk more about this them retain hundreds of jobs that President, I ask unanimous consent war. We have to make sure we are de- would otherwise be lost due to a lack of that the order for the quorum call be bating it more. One of the things that credit availability. In some cases, it rescinded. we know has just transpired is a will stop businesses from having to The ACTING PRESIDENT pro tem- change in command. Today, the Senate close their doors altogether. pore. Without objection, it is so or- Armed Services Committee—and the This bill will also increase the max- dered. Presiding Officer is a member of that imum loan limit of the Express Loan (The remarks of Mr. NELSON of Flor- committee—voted in favor, thank Program. This is another important ida are printed in today’s RECORD goodness, of General Petraeus’s nomi- provision of this bill that will help under ‘‘Morning Business.’’) nation to be the Commander of the small businesses in New Hampshire get Mr. NELSON of Florida. I yield the ISAF forces in Afghanistan. I think to the working capital they need. The Ex- floor. I suggest the absence of a say this is bipartisan is an understate- press Program is popular with small quorum. ment. We know that President Obama business lenders in New Hampshire be- The PRESIDING OFFICER (Mr. has chosen a man worthy of this job, cause it cuts redtape and provides a UDALL of Colorado). The clerk will call and we are fortunate that he has once streamlined process for approving the roll. again accepted the call to action and loans. The legislative clerk proceeded to accepted this new responsibility. Unlike traditional 7(a) loans, lenders call the roll. I spoke today by telephone with Gen- can use their own paperwork for SBA Mr. CASEY. Mr. President, I ask eral Petraeus and covered a number of Express Loans, making it easier for unanimous consent that the order for issues dealing with a whole range of them to quickly get capital into the the quorum call be rescinded. foreign policy and security issues, in- hands of small businesses. Currently, The PRESIDING OFFICER. Without cluding some of those pertinent to the however, Express Loans are capped at objection, it is so ordered. conflict in Afghanistan. I have full con- $350,000. The Small Business Jobs Act HONORING OUR ARMED FORCES SERGEANT fidence, as I know so many others in JOSEPH CASKEY this Chamber and across the country will increase the loan limit to $1 mil- lion, making additional working cap- Mr. CASEY. Mr. President, I rise to- do, in his leadership. I have full con- ital available to small businesses. night to talk about the war in Afghani- fidence that he will be able to imple- I thank Senators LANDRIEU and stan, and, unfortunately tonight, as I ment a strategy that contributes to SNOWE for working with me to include begin my remarks, I have to report on the overall security of Afghanistan and this important provision. I am also yet another death of a soldier killed in also a strategy that will train the Af- pleased that the bill includes President action in Afghanistan. Yesterday, in ghan security forces and create the Obama’s initiative to provide over $30 Pennsylvania, we lost another marine. kind of political space the Afghan Gov- billion for two new lending funds for This time the marine was from West ernment needs to provide security and small business owners. View, PA, Allegheny County, the coun- services to its people. I am hopeful the small business lend- ty in which most people know the city This new command by General ing fund and the State small business of Pittsburgh is. SGT Joseph Caskey, Petraeus, upon confirmation—it has credit initiative will provide commu- 24 years old, was on his second tour and not been voted on in the Senate, but I nity banks with the capital cushion was killed in action. will be voting for him, and I know he they need to expand lending to small If the counting is right in terms of will receive a great vote—will bring a businesses. the number killed in action from Penn- new opportunity to assess where we are This bill also lowers taxes on small sylvania, he is likely the fiftieth killed in the fight, and it is good that we do firms, providing over $12 billion in tax in action from Pennsylvania. We have that. The news, unfortunately, is not cuts to help free up capital so small about 260 who have been wounded. That all that encouraging lately. We con- companies can invest in their future. number may be higher, but that is the tinue to face a host of challenges in Af- These tax cuts are fully paid for, and most recent number I have seen. Ser- ghanistan. they will not add to the deficit. The geant Caskey gave us, as Abraham Lin- A Washington Post newspaper report Small Business Jobs Act will help pro- coln said so eloquently so many years this week cited allegations of blatant vide the boost that small businesses in ago, the last full measure of devotion and rampant corruption within the New Hampshire and across the country to his country. And like so many oth- senior ranks of the Afghan Govern- need so desperately so they can create ers—hundreds and hundreds who have ment. The report detailed examples jobs and help continue to grow our died in the conflict in Afghanistan, and where government officials blocked economy. those who died in Iraq and so many corruption investigations and ordered I urge my colleagues to join me in other conflicts—we mourn his loss and investigators to remove names from supporting this critical piece of legisla- we commend his service, but I think we case files. That is just one problem. tion. also, at the same time, must recommit Secondly, there were allegations of in- mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE I yield the floor, and I suggest the ab- ourselves to making sure we are put- dividuals preventing the arrest of sen- sence of a quorum. ting this conflict on the floor of the ior officials and not acknowledging evi- The PRESIDING OFFICER. The Senate; that we debate it more; that dence against businessmen accused of clerk will call the roll. we talk about it more, so that we get helping Afghan elites to move millions The assistant legislative clerk pro- the policy right. I am going to speak a of dollars out of the country. ceeded to call the roll. little while tonight about that. This was a published report. These Mr. UDALL of New Mexico. Madam In terms of the lethality or the focus are allegations, and we hope they are President, I ask unanimous consent we have on those who have lost their not true, but if they are, we have much that the order for the quorum call be lives, June is the deadliest month on deeper problems than we thought rescinded. record for coalition forces. I wish we maybe even a couple of days ago. These VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5524 CONGRESSIONAL RECORD — SENATE June 29, 2010 are serious allegations that require a others in this Chamber, to helping Their job is so much more difficult serious and thorough investigation and stem the flow of ammonium nitrate than our job. We don’t have to put our scrutiny. Those who are accused of into Afghanistan from its neighbors, lives on the line. We debate and we these crimes should be prosecuted upon particularly Pakistan and the coun- learn and we try to move the policy the review of the evidence. tries of central Asia. This deadly ingre- forward, but the least we should do is As I have said in the past about this dient is used in most of the IEDs found to have a debate that matches or at conflict, our success will be determined in Afghanistan—bombs which have least attempts to be equivalent to the by a belief among Afghans that justice grown more powerful in recent months. sacrifice that they display every day. can be delivered by its government. We are now getting reports of the de- When we think of our troops, we The people of Afghanistan have a right structive power of IEDs not only to kill mourn, of course, those who have been to expect honest government officials and to maim our troops who happen to killed in action, and we also remember working on behalf of the public good, walk near one of these explosive de- and salute and celebrate the contribu- working on behalf of the people, not to vices but to literally lift up an MRAP— tions of those who have served and who enrich themselves, not to provide ad- this great vehicle we have been able to come home with an injury, sometimes vantages for the elite in Afghanistan, produce that lessens the chances that grievously wounded. not just to provide advantages for the an explosion under the vehicle will kill Of course, we remember and salute wealthy but to make sure that the peo- someone. The explosions are now so those who serve and, fortunately, with ple are the beneficiaries of a clean, great that they have been lifting up the blessing of God, are not killed or honest government and the kind of ef- the MRAP and flipping it on its head not wounded and they can come home fective services that the people should and killing or gravely injuring troops and be reunited with their families, have a right to expect. not because the bottom technology and with their communities. The people also have a right to ex- the engineering wonder that has saved We remember all those, as Abraham pect a police force capable of pro- so many lives is giving out, but be- Lincoln said a long time ago: ‘‘Him tecting the population against crimi- cause the vehicle itself is being lifted who has borne the battle.’’ Of course in nals. They do have that right. They up and then smashed down in a way we 2010 we are talking about him and her, also have a right to a fair and efficient couldn’t even imagine maybe even a those who have borne this battle. system of justice in Afghanistan, capa- year ago or months ago. We have a long way to go as it re- ble of delivering verdicts based upon As I mention the impact of ammo- lates to this policy but, as we are the rule of law and not according to nium nitrate as the destructive ingre- thinking tonight of the hope we have the barbaric code embraced by the dient in the IEDs, it so happens that in General Petraeus’s leadership, the Taliban. Unfortunately, today, we Sergeant Caskey, the marine I spoke of confidence we have in his ability and don’t yet see a government in Afghani- earlier from Pennsylvania, who we be- his commitment—he is a patriot like stan that is fully capable of providing lieve is the fiftieth soldier killed in ac- few others—even as we are hopeful this kind of justice. So we have to tion in Afghanistan, was killed by an about that we remember those who lost monitor what is happening there. We IED, as so many others—hundreds and their lives, such as Sergeant Caskey, of have to make sure we see results and hundreds—have been killed in that West View, PA, and so many others not just rhetoric. We have to see the manner. who have served, and their families, reality of progress on security, on jus- This concern about ammonium ni- who have loved and lost. tice, on the delivery of services—not trate is just one of a series of regional I yield the floor and suggest the ab- just the aspiration but the delivery of concerns that we have with respect to sence of a quorum. results. the conflict in Afghanistan. Pakistan The PRESIDING OFFICER. The As we consider the nomination of has recognized the severity of the clerk will call the roll. General Petraeus—and as I mentioned threat posed by the Afghan and Paki- The assistant legislative clerk pro- before, a nomination I fully support—I stani Taliban. The Pakistani forces ceeded to call the roll hope this nomination will be one of the have suffered heavy losses within their Mr. REID. I ask unanimous consent reasons we will have a more substan- own borders, and I respect the commit- that the order for the quorum call be tial discussion or debate about the pol- ment they have shown as the struggle rescinded. icy here in the Senate. That is where continues. While the battle has been The PRESIDING OFFICER. Without that debate should take place, as it tough and difficult, we will need more objection, it is so ordered. takes place in the House and outside of help from the Pakistani people and f the Capitol and across America. We their security forces in the weeks and AMERICAN JOBS AND CLOSING should have in the Senate a debate or months and years ahead. TAX LOOPHOLES ACT OF 2010 a reengagement of the debate about We have no better military leader to this policy. We owe it to our fighting take on this challenge at this time Mr. REID. Mr. President, I ask the men and women to do nothing less than General Petraeus. As we confront Chair to lay before the Senate a mes- than that, to be committed to exam- this enormous challenge, our country sage from the House with respect to ining every aspect of the conflict in the has called upon him again and he has H.R. 4213. answered affirmatively to that call. I The PRESIDING OFFICER laid be- weeks and months ahead. We must con- believe General Petraeus has the expe- fore the Senate the following message tinue to ask and get answers to the rience, the knowledge, the insight, and from the House of Representatives: tough questions on security, on govern- of course the respect of not only lead- Motion to concur in the House amendment ance, and on the delivery of services, to to the Senate amendment with an amend- mention three broad areas of review, ers in the military but also leaders in ment to H.R. 4213, an act to amend the Inter- analysis, and, of course, inquiry. the region and, of course, he has the re- nal Revenue Code of 1986 to extend certain As allegations of Afghan Government spect and support of the American peo- expiring provisions, and for other purposes. corruption emerge, oversight is essen- ple. So we should be happy and affirma- Pending: tial when we hear these allegations. If tive about that part of the story even Reid (for Baucus) motion to concur in the the Afghan national police and army as we confront allegations of corrup- amendment of the House to the amendment are not hitting their recruitment and tion, even as we confront more and mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE of the Senate to the bill, with Baucus training targets, for example, we need more troops wounded and killed in ac- amendment No. 4386 (to the amendment of to know why. The American people and tion, even as we confront the challenge the House to the amendment of the Senate the Afghan people have a right to ex- of this policy. to the bill), in the nature of a substitute. pect that we and the Afghanistan lead- The minimum we must do in the Sen- Reid (for Baucus) amendment No. 4387 (to ership, starting with President Karzai, ate is to make sure that the oversight amendment No. 4386), to change the enact- ment date. get answers to those tough questions we provide, the debates we engage in, Reid motion to refer in the amendment of about the security, and especially and all of the work that we do in the the House to the amendment of the Senate about the army and the police. Senate that relates to this policy, at a to the bill to the Committee on finance, with I spoke yesterday of my commit- minimum attempts to justify and to be instructions, Reid amendment No. 4388, to ment, and the commitment of so many equal to the commitment of our troops. provide for a study. VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5525 Reid amendment No. 4389 (to the instruc- Harry Reid, Max Baucus, Jack Reed, Ed- ness, with Senators allowed to speak tions (amendment No. 4388) of the motion to ward E. Kaufman, John F. Kerry, Shel- for up to 10 minutes each. refer), of a perfecting nature. don Whitehouse, Carl Levin, Roland W. The PRESIDING OFFICER. Without Reid amendment No. 4390 (to amend- Burris, Richard J. Durbin, Jeff objection, it is so ordered. ment No. 4389), of a perfecting nature. Merkley, Benjamin L. Cardin, Chris- topher J. Dodd, John D. Rockefeller, f Mr. REID. I ask unanimous consent IV, Barbara Boxer, Patty Murray, Rob- that the motion to refer be withdrawn. REMEMBERING SENATOR ROBERT ert P. Casey, Jr., Charles E. Schumer. C. BYRD The PRESIDING OFFICER. Without Mr. REID. I ask unanimous consent objection, it is so ordered. Mr. ENZI. Mr. President, I am here that the mandatory quorum be waived. Mr. REID. I ask unanimous consent today to pay respects to Senator BYRD, The PRESIDING OFFICER. Without that the motion to concur in the House whose desk is now adorned with a objection, it is so ordered. amendment to the Senate amendment black cloth and flowers. I know we will MOTION TO REFER WITH AMENDMENT NO. 4427 to H.R. 4213 with the Baucus amend- all long remember Monday as the day ment 4386 be withdrawn. Mr. REID. I have a motion to refer we received some very sad news, for on The PRESIDING OFFICER. Without with instructions at the desk, and I ask that day, as the morning began, we objection, it is so ordered. that that motion be stated. each learned in our own way that our MOTION TO CONCUR WITH AMENDMENT NO. 4425 The PRESIDING OFFICER. The good friend and colleague ROBERT BYRD clerk will report. had passed away just a few hours ear- (Purpose: In the nature of a substitute) The assistant legislative clerk read lier. It should not have been a sudden Mr. REID. I now move to concur in as follows: the House amendment to the Senate shock. We all had time to prepare for The Senator from Nevada [Mr. REID] moves this moment. We knew he had been amendment to H.R. 4213 with an to refer the House message to the Senate Fi- amendment which is at the desk. having a period of ill health, but it still nance Committee with instructions to report The PRESIDING OFFICER. The seemed as if he would be here forever. back forthwith with an amendment num- clerk will report. bered 4427. That is the kind of man ROBERT BYRD The assistant legislative clerk read was. The amendment is as follows: A man of great gifts, he loved the as follows: At the end, insert the following: The Senator from Nevada [Mr. REID] moves written word and could recite his fa- The Committee on Finance is requested to to concur in the House amendment to the vorite poems from memory—at length. study the economic impact of the delay in Senate amendment to H.R. 4213 with an implementing the provisions of the Act on It was amazing how many speeches, re- amendment numbered 4425. job creation on a national and regional level. flections, and famous quotations were Mr. REID. I ask unanimous consent Mr. REID. I now ask for the yeas and there at his command, in his quiver, that further reading of the amendment nays. ever ready and waiting for him to re- be dispensed with. The PRESIDING OFFICER. Is there a cite so he could emphasize an impor- The PRESIDING OFFICER. Without sufficient second? tant point about an issue that needed objection, it is so ordered. There appears to be a sufficient sec- to be made. That is the kind of man (The amendment is printed in today’s ond. ROBERT BYRD was. RECORD under ‘‘Text of Amendments.’’) While it is true he was the longest The yeas and nays were ordered. Mr. REID. I ask for the yeas and serving Member of Congress in history, AMENDMENT NO. 4428 TO AMENDMENT NO. 4427 nays. he was so much more than that. He was Mr. REID. I have an amendment to the historian of the Senate who knew The PRESIDING OFFICER. Is there a the instructions at the desk. sufficient second? more about our roots as a legislative The PRESIDING OFFICER. The body than anyone else. He was a mas- There appears to be a sufficient sec- clerk will report. ond. ter legislative craftsman, and whenever The assistant legislative clerk read he spoke, we all listened carefully to The yeas and nays were ordered. as follows: AMENDMENT NO. 4426 TO AMENDMENT NO. 4425 see what he had to say about the mat- The Senator from Nevada [Mr. REID] pro- ter we had taken up for deliberation. Mr. REID. I now have a second-de- poses an amendment numbered 4428 to gree amendment at the desk. That is the kind of man ROBERT BYRD amendment No. 4427. The PRESIDING OFFICER. The was. The amendment is as follows: No one had more respect and regard clerk will report. At the end, insert the following: for the Senate and our legislative tra- The assistant legislative clerk read ‘‘and include statistical data on the spe- ditions and procedures than he did. He as follows: cific service related positions created.’’ knew the rules, he knew why they were The Senator from Nevada [Mr. REID] pro- Mr. REID. I ask for the yeas and crafted that way, and he knew how to poses an amendment numbered 4426 to nays. amendment No. 4425. make good use of them to further the The PRESIDING OFFICER. Is there a agenda he believed to be in the best in- The amendment is as follows: sufficient second? terests of the people of our Nation. At the end of the amendment, insert the There appears to be a sufficient sec- Once again, that is the kind of man following: ond. The provisions of this Act shall become ef- ROBERT BYRD was. That is why it is so The yeas and nays were ordered. difficult to sum up his life in just a few fective 3 days after enactment. AMENDMENT NO. 4429 TO AMENDMENT NO. 4428 well-chosen words. CLOTURE MOTION Mr. REID. I now have a second-de- There is no greater tribute we can Mr. REID. I have a cloture motion on gree amendment at the desk. pay to ROBERT BYRD than for the spirit the motion to concur at the desk and The PRESIDING OFFICER. The of friendship and camaraderie, which ask that it be stated. clerk will report. were staples of his Senate service, to The PRESIDING OFFICER. The clo- The assistant legislative clerk read bring us all to the Senate floor to ex- ture motion having been presented as follows: press our regrets and send our condo- under rule XXII, the Chair directs the The Senator from Nevada [Mr. REID] pro- lences to his family. It will also give us clerk to read the motion. poses an amendment numbered 4429 to a chance to share our memories of mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE The assistant legislative clerk read amendment No. 4428. someone we will never forget. as follows: I will always remember the orienta- The amendment is as follows: CLOTURE MOTION tion he organized for the incoming At the end, insert the following: We, the undersigned Senators, in accord- ‘‘and the impact on the local economy.’’ class of new Senators each session for ance with the provisions of rule XXII of the as long as he was able. Besides a strong Standing Rules of the Senate, hereby move f historical welcome, he presented each to bring to a close debate on the motion to MORNING BUSINESS concur in the House amendment to the Sen- of us with one volume of his four-vol- ate amendment to H.R. 4213, the American Mr. REID. Mr. President, I now ask ume history of the Senate. If we read it Jobs and Closing Tax Loopholes Act, with a unanimous consent that the Senate and were able to answer questions Reid amendment No. 4425. proceed to a period of morning busi- about it, then—and only then—would VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5526 CONGRESSIONAL RECORD — SENATE June 29, 2010 we get the other three volumes. I re- liever in education and was an example 28 years. He was very proud of the dif- member asking him how he wrote of lifelong learning himself. One of his ference he was able to make in the them. He said he presented all of it as grandkids had shared a math experi- lives of coal miners back home, and he a series of floor speeches delivered ence with him. He was so surprised, he never forgot them whenever we were without any notes, with most correc- asked to see the math book. He debating an issue that might have an tions made simply to clear up what the brought the book to the floor to read impact on their lives. floor reporters thought they heard. He parts of it to us. He was distressed at In the days and weeks to come, I can had a photographic memory, and that how math had migrated into a social think of no greater compliment we made it all possible. Perhaps it came textbook. He pointed out that you had could pay another Senator or greater from his years of study of the violin. In to get to page 187 to find anything that tribute we can pay to Senator BYRD any event, it made him a better speak- resembled the math he had learned. than to watch someone in action on er because he spoke slowly and delib- The parts prior to that were social dis- the Senate floor who develops and im- erately, carefully editing his sentences course. Anyone who heard the speech plements a well-drawn strategy and as he spoke. His style created a natural would remember his indignation. say: That is the way ROBERT BYRD bond between himself and the listener, I remember being at an inter- would have done it. and that is what made him such a parliamentary trip held in West Vir- For my part, I will always remember styled and gifted communicator. ginia hosting the British Parliament. the great love Senator BYRD had for It may be a cliche, but he was a We went to a mountain retreat for din- our Constitution. I do not think any- southern gentleman through and ner. Senator BYRD welcomed them and one knew it better or more detailed through. He had no tolerance for any then got out his violin and shared some than he did. When I was mayor of Gil- rude or impolite conduct on the floor. fiddle music he thought was appro- lette, I began a habit of carrying He instructed and expected all of us to priate for the occasion. He was very around a copy of the Constitution with be courteous and respectful—not be- good. me. I discovered that a lot of us knew cause of politics but because of the Senator BYRD was an expert on the what it said but not too many of us had great institution of which we are a rules of the Senate. At our orientation, a grasp for the details. It had a lot of part. He knew what a great honor and he encouraged us to learn the rules. Be- meaning for me right from the start a privilege it is to serve in the Senate, cause of his encouragement and as a because it represents the blueprint and he expected everyone else to real- way to learn the rules, I volunteered from which our Nation and system of ize it as well and to act accordingly. often to chair the Senate floor. Fol- government were constructed. Then When you presided over the Senate, lowing his instructions, I brought a list when I came to the Senate, I came to he expected you to pay attention to of questions with me since during the know the Constitution in a completely each speaker. Sometimes, the Pre- quorum calls you can ask questions of different way. It was now my job de- siding Officer is the only one in the the captive-audience Parliamentarian. scription, as Senator BYRD put it. So I Chamber. There was a time when there I once saw a Senator come to the always kept it handy. was a telephone under the Presiding floor to debate an amendment, and I have no doubt that Senator BYRD Officer’s desk. As the story goes, Sen- Senator BYRD was there to debate had a similar reaction years before my ator BYRD was speaking when the against it. The Senator wanted to re- own. I am sure he knew the better he phone under the desk rang. When the vise his amendment. For half an hour, understood our Constitution and the Presiding Officer answered it, Senator the Senator tried different tactics to procedures of the Senate, the more ef- BYRD made sure to make him aware of change his amendment, and Senator fective he would be as a Senator. He the importance of courtesy in such a BYRD thwarted every attempt. The knew the importance of understanding situation. The Presiding Officer then Senator was frustrated. He asked for a the rules of our legislative process in said: ‘‘Senator BYRD, the phone is for quorum call, and he left the floor. every detail. The better he became at you.’’ That is when the phone was At that point, I asked the Parliamen- mastering the process by which our taken out and a rule went into effect tarian if there was any way the Sen- laws were made, the better he knew he that no electronic devices were to be ator could have changed his amend- would be at producing the outcome he used on the Senate floor. ment. The Parliamentarian explained was committed to achieving for the Then there were his special speeches. that all he had to do was declare his people of West Virginia and the Nation. He always commemorated each holiday right to revise his amendment. I asked I am sure that is why he always carried the evening before a recess would why the Parliamentarian did not tell a copy with him. begin. Each speech was very poetic him that. What I learned is the Parlia- The line-item veto was passed before and, in fact, usually had some poem he mentarian can only give advice when I got to the Senate, but Senator BYRD had memorized years before that would asked. My first stop at the Senate floor had sued to have it stricken. Most of come to mind and be recited from often is at the Parliamentarian as a re- his Senate career had been as chairman memory. He was good at it, so good sult. of the Appropriations Committee or that we looked forward to his poetic During much of Senator BYRD’s ca- the ranking member. He pointed out observations on the passing of time. reer, he was either the chairman of the that Congress, according to the Con- That unique speaking style of his Appropriations Committee or the rank- stitution, is supposed to make spending also helped him to build a good rela- ing member. He was very good about decisions, not the President. He always tionship with our pages. His ‘‘going taking care of orphan miners. Those pointed out that we do not work for the away’’ speech for each graduating class are primarily coal miners whose com- President of the United States; we often left many of them in tears. Their panies have gone out of business owing work with the President as a separate fondness for him only grew when they benefits. After a couple of lessons from but equal branch of government. He learned that if the Senate was in ses- the Senator, I worked with him to take would guard us against infringement sion after 10 p.m., they had no early care of the orphan miner health prob- by the President using the third branch morning classes the next day. They lem in a bill that speeded up mine rec- of government, and he was successful. were always delighted, therefore, when lamation in many States, extended an Although his life was marked by the hour grew late and Senator BYRD expiring tax on coal companies with many triumphs, he was not without his mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE rose to speak. They knew he could eas- their guarded permission, and then re- personal tragedies. I have always be- ily add the 10 or 15 or even 30 minutes leased impounded trust fund money lieved that the work we do begins at needed to get them past 10 o’clock and promised by law to the States for the home, and that is why I will never for- a welcome reprieve from the early impacts the States put up to produce get the strength of his marriage and morning classes. the Nation’s energy, as well as take what a tremendous loss it was for him My favorite speech Senator BYRD care of the orphan miners. when his wife passed away. No one gave happened when I was presiding. At another time, Senator ISAKSON knew ROBERT BYRD better than she did, Over the previous weekend, he had vis- and I worked with Senators BYRD, and without her by his side life became ited some of his grandkids and asked ROCKEFELLER, and Kennedy to make ever more difficult. His health began to about their studies. He was a firm be- the first changes in mine safety law in fail. VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5527 I remember going to his wife’s fu- the Senate or on Earth but how well he the Roman Empire, and what lessons neral. It was very well done. When my used the time he was given. we could draw from that. wife and I were on our way home, we I yield the floor. His speeches were riddled with quotes commented that the endearing and as- Mr. CONRAD. Mr. President, I rise to from great leaders, references to Amer- tounding thing about the funeral was talk about the loss of our senior col- ican history and law, and descriptions that it was about her. He made sure her league, Senator ROBERT C. BYRD. Sen- of that ancient Roman Senate—much achievements, her family, her efforts ator BYRD, I had the privilege and of it from memory. How many times and successes were the focus. As fa- honor of serving with for over 24 years did I hear Senator BYRD stand in that mous as Senator BYRD was, the com- in the Senate. I believe this body has spot or in the leader’s spot and recite ments that were made that day were lost a giant. from memory a lengthy poem or a about her and not about him. That says For more than five decades, ROBERT speech from history? What a remark- a lot about the relationship they had. C. BYRD served his country, fought to able, remarkable man. The extent and Although his health was declining, he protect the institution of the Senate, the breadth of his knowledge was truly was here as often as he was able, an ac- and worked tirelessly for the people of amazing. tive part of the day-to-day workings of West Virginia. The people of West Vir- Senator BYRD was also an expert on the Senate. He would not and could not ginia were never very far from the budget matters. In fact, he was one of take it easy, no matter what anyone mind of ROBERT C. BYRD. I know be- the principal authors of the 1974 Budg- told him. His heart was in the Senate; cause I worked with him every day for et Act which established the congres- his soul was in West Virginia. To stop 24 years. Senator BYRD and his passing sional budget process. He created and what he loved to do was for him and leave a tremendous void for this body vigorously defended the Byrd rule, the people back home unthinkable. and for the Nation. He will be greatly which bears his name—a budget rule One of Senator BYRD’s favorite missed. designed to stop the abuse of the fast- quotations comes to mind today. He Senator BYRD was a great man, an track reconciliation process. loved the Bible and quoted from it exceptional person, somebody who had Let me just remind my colleagues of often. When going through a difficult lost his parents and, through sheer something Senator BYRD did during the time in his life, he remembered the will, made himself into a great man. He Clinton administration when the ad- words from the Book of Ecclesiastes: was a legend in the Senate, the longest ministration had a health care pro- To everything there is a season and a time serving Senator in the history of the posal that was bogged down. It could for every purpose under heaven. United States and the longest serving not pass because it would require 60 Now Senator BYRD has come to an- lawmaker in congressional history. votes in the Senate, and there were not other time, as he has reached the end The people of West Virginia elected 60 votes to be had. The administration of his seasons on God’s green Earth. He him to the Senate an amazing nine wanted to use the reconciliation proc- will be greatly missed, and he will times and three times before that to ess, the fast-track process that allows never be forgotten. the House of Representatives. He legislation to be passed with only a I cannot conclude my remarks with- served in almost every leadership post simple majority. Senator BYRD said no, out paying a final tribute to Senator in the Senate, including twice as ma- under no circumstances would he per- BYRD by recalling his love of poetry jority leader and for almost two dec- mit that to happen because he believed and the written word. We can all re- ades as chairman of the Appropriations that was a violation of the whole basis member the way he would enjoy shar- Committee. He took an incredible of the reconciliation process which he ing a favorite verse with us, much like 18,500 votes, a record which will never had been involved in and which he had this one. Although the author is un- be broken. At least that is my forecast. helped design and which was put in law known, I am certain Senator BYRD I do not know how anybody will ever solely for deficit reduction, in his view. would not only recall it but know it break a record of 18,500 votes. He believed any other use was an abuse well: Senator BYRD may be remembered of the process—the process of reconcili- Life is but a stopping place, most as the protector of the institution ation. So he said no to the President of A pause in what’s to be, of the Senate. This is an institution he his own party on that President’s No. 1 A resting place along the road, loved. More than that, this is an insti- To sweet eternity. domestic priority. tution he revered as part of the con- There is a lesson in that for all of us. We all have different journeys, stitutional structure of this country. When we were in the midst of the con- Different paths along the way, He believed it had a special place in de- sideration of using the reconciliation We all were meant to learn some things, But never meant to stay. fending the Constitution of the United process for that purpose during the States. He believed it played a special Clinton administration years, Senator Our destination is a place, Far greater than we know. role in preventing unwise legislation BYRD told me, as a member of the For some the journey’s quicker, from becoming law, and he believed it Budget Committee: Senator, always re- For some the journey’s slow. deeply. member partisanship can go too far. And when the journey finally ends, He knew more about Senate history Our obligation, our first obligation, is We’ll claim a great reward, and Senate rules and procedures than to the Nation and to this institution. If And find an everlasting peace, any other Member, and he used that that means we have to disagree with Together with the Lord. knowledge skillfully to defend this in- the President of our own party, so be My wife Diana joins in sending our stitution and to ensure it continued to it. heartfelt sympathy to his family and function in a manner consistent with I hope colleagues learn from that les- many friends and for all the people who what the Founding Fathers intended. son as well. Partisanship can go too worked for him and with him over the Senator BYRD did not come to those be- far. years. We will miss him—the knowl- liefs lightly. He came to those beliefs As the Budget Committee chairman, edge he had, the institutional memory after the most thorough and very rig- I had the privilege and honor of work- he had, the experiences and history he orous study of our history. He was a ing particularly close with Senator had been a part of and in many in- master orator. How many of us can re- BYRD after he joined the committee in stances was the main participant—the member Senator BYRD coming to this 2001. The original idea of the Budget mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE leader. Probably only once in the his- floor and having Members come to the Committee was that the chairman of tory of a country does someone like floor to listen to him because very the Finance Committee would serve this come along. If he were here, he often his speeches were a history les- there, the chairman of the Appropria- would deny it but be pleased if we son—and not just drawn from Amer- tions Committee would serve there, noted the similarity of what he had ican history but from world history, and the chairmen of other relevant done to what had been done in the an- going back to the Roman Empire? major committees would serve there so cient Roman Senate about which he When he was in really high excitation, that the Budget Committee would put often talked. he loved to go through the various together the priorities of the United In the end for Senator BYRD it was Roman emperors and what brought States. Senator BYRD had an acute un- never about how much time he spent in them down, what led to the decline of derstanding of that history. VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5528 CONGRESSIONAL RECORD — SENATE June 29, 2010 But also Senator BYRD never forgot tended the Senate to be different from Senate better than any person alive. who sent him to Washington. He tena- the House of Representatives and to He fought to preserve the traditions ciously fought for West Virginia stand as a bastion of individual and mi- and customs of what he truly believed throughout his career and ensured his nority rights. He celebrated these dis- is the world’s greatest deliberative small, rural State had a powerful voice tinctions serving as they do the funda- body. in the Halls of the Capitol. He never mental principle of checks and bal- As my colleagues know, ROBERT forgot where he came from. I remember ances within the legislative branch. BYRD cast more votes than any other well his exchange at a Budget Com- At a recent Rules Committee hear- Senator in the history of our Republic. mittee hearing in 2002 with then-Treas- ing, Senator BYRD said: I can recall when he cast his 18,000th ury Secretary Paul O’Neill, and Sen- The Senate is the only place in govern- vote. That vote just happened to have ator BYRD proudly and emotionally de- ment where the rights of a numerical minor- been on a motion to invoke cloture on scribed his own humble upbringing be- ity are so protected. The Senate is a forum an amendment offered by this Senator. of the States, where regardless of size or pop- cause Senator BYRD came from very ulation, all States have an equal voice. . . . The Senate did not invoke cloture that straightened circumstances. He came Without the protection of unlimited debate, day. That is the way the Senate’s rules from a very modest background. He small States like West Virginia might be often work. No matter the outcome, was an orphan. In fact, he carried a trampled. Extended deliberation and de- Senator BYRD was foremost in the de- name which was not his birth name. bate—when employed judiciously—protect fense of those rules. And Senator BYRD His birth name was a different name every Senator, and the interests of their con- was foremost in the defense of the Con- than ROBERT C. BYRD. But when rel- stituency, and are essential to the protection stitution of the United States. of the liberties of a free people. Senator BYRD was a student of his- atives took him in, they gave him their family name. Senator BYRD’s insights, expertise, tory more than any other Senator. ROBERT C. BYRD remembered those and constitutional scholarship will Those of us who were here will not soon earliest days. He remembered what it truly be missed. They are a great part forget Senator BYRD’s series of address- was to struggle. He remembered what of his legacy, one that I hope will be es to the Senate on the history of the it was to have very little. He remem- honored for generations. Senate. And those of us who were here bered what it was to wonder where On a personal note, I will mention will not soon forget his series of ad- that while Senator BYRD and I did not dresses on the Senate of the Roman Re- your next meal was coming from and share a perspective on many matters of public. He knew that Senate too. whether you were going to have a roof public policy, we had a common appre- Senator BYRD was a teacher. I can re- over your head. Senator BYRD remem- ciation for bluegrass music. I always call meeting with Senator BYRD on a bered, and he was faithful to those enjoyed talking with him about that highway bill. He and I both long be- memories. subject. He was a talented fiddler, play- lieved passionately in the importance Senator BYRD loved his wife Erma. ing on stage, on television, and while of our Nation’s highways. At this one He loved his daughters Mona and Mar- campaigning for office. He even re- occasion, I recall being impatient jorie and his grandchildren and great- corded an album entitled ‘‘Mountain about enacting the highway bill on grandchildren. I want to say to the members of the Fiddler.’’ He gave me a copy, and I was which we were working. I can also re- very impressed with his skill. family, Senator BYRD was intensely call the sage advice Senator BYRD gave ROBERT BYRD’s knowledge, his hard proud of you. I hope the children and me about the process, about the proce- work, his high spirit, and dedication to grandchildren will get that message, the people of West Virginia will always dures, and about the personalities of that Senator BYRD was intensely proud be remembered. My wife Caryll and I how to get that bill through the Sen- of each and every one of you. He spoke extend our thoughts and prayers to his ate. As I look back on that meeting, I about you often and in loving terms, family. think of all the occasions Senator and you should know that. Mr. BAUCUS. Mr. President, I, too, BYRD took the time to teach others of Of course, we all know he loved his wish to say some words on the passing us about the Senate. He taught his fel- little dog Billy, and he loved his dog of our good friend and former leader, low Senators. He taught visiting dig- Trouble. In fact, I think he had mul- ROBERT C. BYRD. nitaries from other countries. tiple dogs named Trouble. It is difficult to sum up in words the I might add parenthetically that it Senator BYRD loved West Virginia, he thoughts and feelings one has for a de- was not too many years ago when he loved this institution, and he loved our parted friend whom one has known so was visiting Great Britain with some country. I am deeply saddened by the long. I had the pleasure of serving with Senators and meeting with some Par- passing of Senator BYRD. His immense Senator BYRD my entire career in the liamentarians in Great Britain, and the knowledge and his spirit will be Senate. I knew, I liked, and I respected subject of British monarchs came up, missed. His values will be missed. But ROBERT C. BYRD for more than 30 years. and it was only Senator BYRD who I am comforted in knowing that our It is doubly difficult to put into knew them all. He stood up, and he friend ROBERT is now reunited with his words thoughts that adequately reflect gave the name of every British mon- beloved wife Erma. I know his legacy such a presence in the Senate. ROBERT arch and the dates they served, up to will live on in this body and this Na- C. BYRD was a singular Senator. He was the present. No other person in the tion forever. a Senator’s Senator. There was no title room, including the members of the I thank the Chair and yield the floor. he prized more than that of ‘‘Senator.’’ British Parliament, could do so. ROB- The PRESIDING OFFICER. The Sen- When I came to the Senate, ROBERT ERT C. BYRD did. ator from Arizona is recognized. C. BYRD had succeeded my mentor, He taught class after class of Senate Mr. KYL. Mr. President, during a rec- Mike Mansfield, as majority leader. As pages. ordbreaking six decades of public serv- ROBERT BYRD was fond of noting, he ROBERT BYRD will leave a legacy in ice, Senator BYRD served this Nation served as majority leader and then mi- the laws of the United States. He will with diligence and spirit. As a legis- nority leader and then back as major- leave a legacy in the rules and prece- lator, Senator BYRD had many notable ity leader. He saw the leadership of the dents of the Senate, and he will leave a qualities, particularly his legendary Senate from both sides, and his experi- living legacy in all the people who oratory skills and his masterful knowl- ence seasoned his leadership. learned about the Senate at the knee of mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE edge of Senate procedure. Having au- As proud as he was to earn the title this great master. thored a four-volume history of this of ‘‘Senator,’’ he was even more proud ROBERT BYRD was an orator. One Chamber, he understood its nuances that as a Senator he represented the might say he was the last of a breed. and intricacies, and he was an articu- people of his State. I deeply believe He spoke in a style that recalled his late spokesman for protecting proce- that is one of the finest things one can roots before microphones and amplifi- dural rules. say about a fellow Senator. For more cation. He spoke memorably. He spoke Senator BYRD kept a copy of the Con- than 50 years, he was a strong voice for like orators used to speak. stitution in his pocket, and he could the people of West Virginia. Many of us recall celebrated speeches recite it from memory. He was always ROBERT BYRD was a strong voice for of ROBERT C. BYRD. I will read an ex- first to remind us that the Framers in- democracy. He knew the rules of the tended quotation from one speech that VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5529 sums up ROBERT BYRD’s strong feelings Throughout his many years of service, Born in poverty in the coalfields of for the Constitution and the Senate he there has been no greater student, West Virginia, raised by an aunt and loved so well. teacher, and protector of the Senate in- uncle, he was born with four great On October 13, 1989, many of us gath- stitution. Senator BYRD was not only a gifts: a deep faith, a love of learning, a ered to hear ROBERT C. BYRD speak. guardian of the Senate institution, he strong work ethic, and always saluted This is what ROBERT C. BYRD said: was a guardian of the rights our Nation the fact that he was born in the United Mr. President, I close by saying, as I holds dear, which is why his most con- States of America, where someone who began, that human ingenuity can always find stant companion was the Constitution was, by all intents and purposes, an or- a way to circumvent a process. . . . But I of the United States in his pocket. phan could become a U.S. Senator. He have regained my faith. We are told in the I had the opportunity, when I first worked as a gas station attendant, as a Scriptures: ‘‘Remove not the ancient land- arrived in the Senate in 1990, to work meat butcher, and a welder—I might mark, which thy fathers have set.’’ The Constitution is the old landmark on the acid rain trading provisions in add, a welder in the Baltimore ship- which they have set. And if we do not rise to the Clean Air Act. It was known as the yards. He went to night school for col- the call of the moment and take a stand, Byrd-Bond amendment. We called it lege and law school while he was in the take a strong stand against our own personal the Bond-Byrd amendment back in Senate. interests or against party interests, and Missouri. The acid rain trading system Senator BYRD wrote and passed many stand for the Constitution, then how might has worked because there was tech- laws, but most important to him was we face our children and grandchildren when nology available. The cost enabled the that he was an appropriator. He used they ask of us as Caesar did to the centurion, his position to help the people of West equitable sharing of the major utilities ‘‘How do we fare today?’’ And the centurion replied, ‘‘You will be victorious. As for my- which had to install expensive equip- Virginia, and he did not apologize for self, whether I live or die, tonight I shall ment that provided more benefit than that. He brought jobs, roads, and op- have earned the praise of Caesar.’’ they needed so they could sell off the portunity to one of the poorest States And ROBERT C. BYRD concluded: other parts of their credits to smaller in the Nation. He did not call it pork; As [Aaron] Burr bade goodbye to the Sen- companies that could not afford to in- he called it opportunity. And this Sen- ate over which he has presided for 4 years, stall expensive equipment. That was ator would certainly agree with him. this is what he said. And I close with his just a small success for Senator BYRD. But Senator BYRD also voted his con- words because I think they may well have He was a true champion. He will be science and encouraged other Members been written for a moment like this. He said: missed on the Senate floor. My to do the same. In his 18,000 votes, he ‘‘This House is a sanctuary; a citadel of law, thoughts and prayers are with Senator was most proud of his vote against the of order, and of liberty, and it is here—it is BYRD’s family, his staff, and the people Iraq war. He was one of 23 Senators, here—in this exalted refuge—here, if any- of West Virginia. and I joined him in that vote. At that where, will resistance be made to the storms Ms. MIKULSKI. Mr. President, I time, it was deeply unpopular. Those of of political phrensy and the silent arts of corruption; and if the Constitution be des- stand today with my colleagues with a us who voted against the war were tined ever to perish by the sacrilegious very heavy heart to express my condo- vilified. But we did the right thing, hands of the demagogue or the usurper, lences to the Byrd family and to the though it was not easy. which God averts, its expiring agonies will people of West Virginia for losing a If you love the Senate, you love BOB be witnessed on this floor.’’ great American patriot. It is a very sad BYRD. He often reminded us that the So today, Mr. President, I will close day for America, for West Virginia, and legislative branch is a coequal part of my words for my friend, ROBERT C. for the Senate. the government. He fought hard BYRD, noting that in life he was vic- For all of us who knew Senator BYRD, against those who wanted to give up torious. As for myself, whether I suc- we knew he had five great loves: this Senate prerogatives, such as the line- ceed or not, whether I live or die, today country, the Constitution, the Senate, item veto. No one understood Senate I can count no greater praise than to the people of West Virginia, and his be- procedure better and no one protected say I served with ROBERT C. BYRD. loved wife Erma. Senate traditions more than Senator Mr. President, I yield the floor. Senator BYRD was my mentor and my BOB BYRD. The PRESIDING OFFICER. The Sen- teacher. When I arrived in the Senate, He wanted to pass it on. With the ator from Texas is recognized. I was the first Democratic woman new Senators, he gave each one of us a Mrs. HUTCHISON. Mr. President, I elected to the Senate in her own right. lecture on the Constitution and gave us think the remarks that were given by He took me under his wing and taught a copy of the Constitution. He wanted my colleague from Montana about Sen- me the rules of the Senate. us to know it and to love it in the way ator BYRD were certainly appropriate, He said to me: he did. He also taught us the decorum and I know anytime we lose one of our Senator Mikulski, he or she who knows the of the Senate—yes, the decorum of the Members who has been sitting with us rules will rule. And you will know how to do Senate—and how, through our proc- for so long, there is a void to fill. it. esses and procedures, it was meant to What I appreciated about Senator His advice to me—when I asked him promote civility among us. BYRD is how much he respected the how to be successful in the Senate— To me, as I said, he was a wonderful Senate itself and protected the rights was this: teacher. I remember going to him when of the Senate against anyone who he Senator Mikulski, stay loyal to the Con- I was ready to offer my first amend- believed overstepped the rights of the stitution and stay loyal to your constituents ment on the floor, and I asked for his Senate and the decorum and protocol and you will do okay. advice on how I could present it and of the Senate. He was truly a defender From the very first day, he wanted how I could not, quite frankly, be of this body. He loved it, and I think me to succeed. He was so welcoming. rolled. He gave me good, concrete ad- we all respected him for that. He made sure I became a member of vice. On the day I offered my first f the Appropriations Committee, and he amendment, there was Senator BYRD in helped me learn how to use my position the background. He was always there. REMEMBERING SENATOR ROBERT to meet the day-to-day needs of my As I said, Senator BYRD always had my C. BYRD constituents and the long-term needs back. I was so grateful for having his Mr. BOND. Mr. President, I rise to of our Nation. advice and having his encouragement. mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE say a few words about our departed col- Senator BYRD’s career was remark- He lived an extraordinary life and league. able. We all know the facts: the longest left an extraordinary legacy. He stood This week the Senate lost its longest serving Member of Congress in history, for citizenship, not partisanship. And serving Member not only of the Senate the majority leader in the Senate, maybe that is what we should all do. but of the Congress. More than that, chairman of the Appropriations Com- Follow the Constitution. Stay loyal to the Nation lost a true servant of the mittee, President pro tempore of the our Constitution. Stay loyal to our people. Senate, elected nine times to the Sen- Constitution and our constituents. Use From humble beginnings, Senator ate. Yet he never, ever forgot where he the rules of the Senate to promote ci- BYRD was, first and foremost, a cham- came from. He represented the people vility and good government. And also pion for the people of West Virginia. of West Virginia. make sure that at the end of the day, VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5530 CONGRESSIONAL RECORD — SENATE June 29, 2010 we respect the opportunity and great- where he came from. He knew how edu- As I concluded, the Senator from ness of the United States of America. cation had transformed his own life, West Virginia rose and said: Will the I mourn the passing of Senator BYRD, and he never stopped trying to give Senator from Florida yield? but his legacy will live on in the rules every American that same oppor- And I said: Of course I yield. and the traditions and the many bills tunity. He proceeded, off the top of his head, he sponsored. After high school he couldn’t afford from that incredible, detailed memory, The people of West Virginia have had to go to college. But after he was elect- to lay out the history of maiden great Senators. Senator ROCKEFELLER ed to the House of Representatives in speeches on the floor of the Senate. He is a great Senator. And Senator BYRD 1953, he put himself through law had been back in his office, and he had will always be remembered, that he school—the only Member of Congress heard me, in the course of the audio built a ‘‘bridge to somewhere’’ for all of ever to do that while in office. He joked from the television, say this was my the people of West Virginia. that Erma put three children through maiden speech. He came up and went Mr. LEMIEUX. Mr. President, I see school, himself and their two daugh- into this long discourse about the im- the roses on the desk of our colleague ters. portance of maiden speeches and who from West Virginia, as I did in the His wife was the most important per- were the ones who had given them and Armed Services Committee meeting I son in the world to him, and I know he how long into their service as a new left a few minutes ago and will return was deeply saddened when Erma died in Senator they had waited to give them. to shortly. It makes me think that 2006, as were all of us who served in the Later on, as we were debating that what we do here on a day-to-day basis Senate with him at that time. budget, the great orator from West Vir- seems very small compared to the leg- He was a great mentor, a great ginia took the floor and began talking acy Senator BYRD has left us over his friend, a great advocate for working about a tax cut the Senate was consid- many years as the longest serving families of Michigan and of America. I ering; a tax cut he voted against, and Member of Congress. We will do our was proud to join with him many times so did this Senator from Florida. The best in the time we have to honor his as we fought for American workers, Senator from West Virginia talked legacy and thank him today and every whether they were mine workers in about this tax cut that was going to be day going forward for what he has done West Virginia or auto workers in a staggering $1.6 trillion. This is what for this institution. He kept the flame. Michigan. the great senior Senator from West He loved West Virginia, the people He understood the importance of this Virginia said. ‘‘That is $1,600 for every and the landscape. One of his favorite body constitutionally, and he under- minute since Jesus Christ was born,’’ Bible verses was from the Psalms: stood that the rules and procedures of Senator BYRD declared. He went on to I will lift up mine eyes unto the hills, from this body were its lifeblood and really whence cometh my help. say, ‘‘If we go for this big tax cut . . . understood them and recognized them that money . . . is gone.’’ In my office I proudly display a We all like tax cuts, but what we more than anyone else who has served painting that Senator BYRD gave to in this Chamber and spent his life’s have to have is a balance of tax cuts me, which he painted himself while work protecting them and memori- and spending cuts, given the position working in Baltimore so he could re- alizing them. To him, we owe a great then that we had a surplus, and how to member those hills and mountains of commendation. responsibly use that surplus to pay his childhood. Today, when I see that Ms. STABENOW. Mr. President, I down the national debt. What we have painting, I remember that Senator who rise today to pay tribute to a great is a reversal of that. We, of course, gave so much for the people of West Senator and a friend and mentor of have a huge deficit because the reve- Virginia and the people of America. I mine, Senator ROBERT C. BYRD. When I nues are not coming in to match the was proud to stand with him as one of look at his desk, a place from which he expenditures and, thus, additional the 23—as he reminded me frequently— spoke such powerful words so many the 23 who opposed the original war in problems that have accrued from not times, it is hard to believe he will not Iraq and stood up for our men and listening to the Senator who sat in be on the floor of the Senate speaking women who have bravely served us that black-draped desk. No one else powerfully about what he believed in— around the world as well. spoke like Senator BYRD or was as the people of West Virginia and the Senator ROBERT C. BYRD—the Senate original as he was. great issues of our day. He will be sore- is a better place because of him and he As we mark the passing of our dear ly missed. will be sorely missed. colleague who, it has been said many He was orphaned as a child and grew Mr. NELSON of Florida. Mr. Presi- times, was the longest serving Federal up poor. He often told us about his fos- dent, 10 years ago I gave my maiden lawmaker since the founding of the Re- ter father, who was a coal miner, who speech on the floor of the Senate. I was public, as we mourn his passing, many had to work hard to scrape together at a desk on the far side of the Cham- will remember the Senator from West food and shelter for their family. He al- ber. In the course of that speech, I hap- Virginia by the numbers and by the ways spoke of working men and women pened to mention that it was my maid- records he set. He made history. He and those who were working hard and en speech. I had been here about a brought depth and grace to the Senate. having a hard time making ends meet. month. I went on. I can even remember He is forever enshrined as a major part I know his heart was always with the subject. It was the deficit, since we of its history. them. were in a unique position that we actu- I can tell you that 10 years ago, we From a young age, Senator BYRD ally had a surplus in the Federal Gov- freshmen had the blessing of being tu- learned the importance of hard work, ernment and I did not want to see that tored—no, more than tutored; we were dedication, and perseverance—skills surplus piddled away. I started talking students, we were pupils of the master that would serve him well throughout about the budget and why it was nec- teacher. He taught us the rules, so im- his long and very distinguished life. essary to keep the surplus, to utilize portant to the conduct of business in After graduating from high school at the surplus to pay down the national this body. But he taught us something the top of his class in 1934, he married debt over a 10-year period. more. He taught us decorum. He taught his high school sweetheart Erma. Many Some minutes later, after I had said us how to preside as the Presiding Offi- of us knew her, and those who didn’t this was my maiden speech, all of a cer. He taught us that it is respectful mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE knew of her because he would speak sudden the doors to the Chamber flung that when you are presiding, you abso- continually about the love of his life, open and in came Senator ROBERT lutely listen to the speaker. He taught his sweetheart Erma. After school, he BYRD. As I was giving this first speech us so much. went on to work at a number of odd on the floor of the Senate, the greatest He was elected to no fewer than nine jobs. He worked as a butcher during deliberative body in the world, he went terms. He served first in the House for the Great Depression, earning less than over to his desk—the one that is draped 6 years. He had cast over 18,000 votes. $15 a week. He worked as a gas station with black cloth, and upon it sits the He presided over both the longest ses- attendant. During World War II, he was vase of flowers to note his passing—he sion of the Senate and the shortest. We a welder in a shipyard in Baltimore. sat there and he looked at me and lis- had no fewer than 12 Presidents since But he never forgot his childhood and tened to the rest of that oration. he first took office. VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5531 But the numbers do not tell the full What I will remember Senator BYRD of us in this Chamber lost a good story. ROBERT BYRD was one of the for is his willingness to stand up and friend. greatest advocates for just plain folks fight for what he believed in. Two of Today I join with my colleagues in and especially if they came from West the most pressing issues of the past expressing my deepest sympathy to Virginia. He gave them his all, after decade are perfect examples—the wars Senator BYRD’s family for their loss his first and foremost love, his devo- in Iraq and Afghanistan. From the very and remembering a man whose legend tion to his wife Erma. In the spirit of beginning, Senator BYRD was a voice of and legacy will endure beyond us all. Thomas Jefferson, ROBERT BYRD al- opposition to the Iraq war. He deliv- Mr. KAUFMAN. Mr. President, I wish ways put public service ahead of per- ered what will become one of his most to spend a few minutes talking about a sonal fortune. memorable speeches in the days lead- truly great Federal employee, and that On my desk in my Senate office, as I ing up to the Senate’s vote to author- is Senator ROBERT C. BYRD. would suspect on many other Senators’ ize its funding. He spoke out against a He personified all the things I try to desks, are copies of Senator BYRD’s ad- war at a time when any opposition to talk about once a week, because ROB- dresses on the history of the Senate— the President’s path meant putting his ERT BYRD was a Federal employee. more than 100 of those speeches deliv- own political future in jeopardy. But ROBERT BYRD was a creature of the ered over a 10-year period. Those are he did not waiver. U.S. Senate. ROBERT BYRD had his fam- the only books that are set on my per- Here is part of what he said: ily, and he was a great family man, but sonal desk with book ends of two No one supports Saddam Hussein. If he the Senate was also his family, and he American eagles. That study has been were to disappear tomorrow, no one would cared about everybody here. called the most ambitious study of the shed a tear around the world. I would not. I remember the first time I ever had Senate ever undertaken. Every day, My handkerchief would remain dry. But the contact with Senator BYRD was in 1972. those books remind me of the living principle of one government deciding to On election day in 1972, JOE BIDEN, a 29- history of this institution and its vital eliminate another government, using force year-old candidate for the U.S. Senate, role in our democracy. to do so, and taking that action in spite of world disapproval is a very disquieting thing. was elected to the Senate running Senator BYRD made rare and noble against one of the most popular offi- I am concerned that it has the effect of de- contributions to his family, his friends, cials we ever had in the State of Dela- stabilizing the world community of nations. his State, his country, and to this Sen- I am concerned that it fosters a climate of ware, a wonderful public servant and ate. He was, in a living person, the suspicion and mistrust in U.S. relations with Federal employee, Caleb Boggs, who walking history book of the Senate, other nations. The United States is not a had been a Congressman and Governor which he could recite. Now, as he has rogue nation, given to unilateral action in before he became a Senator. gone on to the ages, he will be known the face of worldwide opprobrium. Just 6 weeks later, on December 18, as the historian of the Senate. And now Eight years and thousands of Amer- when his wife and two sons and daugh- forever for history, he will be one of ican lives lost later, his words read as ter were bringing their Christmas tree the major parts of the Senate’s history. prophetic. home, the car was hit by a tractor We mourn his passing, we miss him But he didn’t stop there. Last year— trailer and Senator BIDEN’s wife and personally, we grieve for his family, this time with his party holding the daughter were killed. and we are thankful there was a public reins of power in both the White House Shortly after that, my church, St. servant who surely the Lord would say: and the Congress—he did the same Mary Magdalen in Wilmington, DE, Well done, thy good and faithful serv- thing. Seven years had passed, and had a memorial service for his wife and ant. Senator BYRD was older and more frag- daughter. I will never forget, it was a Mr. UDALL of New Mexico. Mr. ile than ever before. None of that dark night. It was in December. It was President, I rise today to join my col- stopped him from getting to the Senate just an ugly night out. The church was leagues as we mourn the death and cel- floor that day. How did I know this? I full, and it was a very moving cere- ebrate the life of a man who touched had a front row seat as the presiding mony. After it was over, I found out all of ours; a man who loved his coun- officer of the Senate that day. that Senator ROBERT BYRD had driven try, loved the Senate, and dedicated his This time, he questioned the pro- himself to Wilmington, DE, come into life to preserving its traditions; a man posed buildup of troops in Afghani- who above all cherished his State and the church, stood in the back of the stan—a proposal I myself had ques- church for the entire service, and then who every day considered it his highest tioned many times as well. Here is honor to represent her people. turned around and drove home. And what Senator BYRD said: there are hundreds of stories like that On Monday morning, Senator ROBERT I have become deeply concerned that in the where ROBERT BYRD demonstrated his BYRD took his rightful place in our his- 8 years since the September 11 attacks, the tory books as a titan of the Senate. On great love for the Senate and for the reason for the U.S. military mission in Af- Thursday we will honor him as his people of the Senate. ghanistan has become lost, consumed in body lies in state in this Chamber some broader scheme of nation-building There are traditions he instilled in where he served longer than any other which has clouded our purpose and obscured the Senate and traditions he kept alive Senator in our history. Today, we our reasoning. in the Senate. I remember when he was grieve his loss with his family and with He continued: majority leader, I will tell you what, the entire country. . . . President Obama and the Congress there were lots of things that just My family’s history with Senator must reassess and refocus on our original never happened because Senator BYRD BYRD goes back many years. My father, and most important objective—namely was going to make sure we stuck to the before he became Secretary of the Inte- emasculating a terrorist network that has traditions of the Senate. So I wish to rior, served with Senator BYRD, then proved its ability to inflict harm on the recognize Senator ROBERT BYRD as a Congressman BYRD, in the House of United States. great, great Federal employee. Representatives. A half century later, Time will tell if Senator BYRD’s con- Mr. FEINGOLD. Mr. President, I join my father’s honor became my own. I cerns about Afghanistan prove as pre- all Americans in mourning the passing am proud to have had the privilege of scient as those he expressed about Iraq of Senator ROBERT C. BYRD. For more serving in this Chamber with Senator almost a decade ago. Time also will than five decades, Senator ROBERT BYRD, of experiencing firsthand his dis- tell if we heed those concerns. BYRD served his home State, his be- mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE tinguished service and remarkable ca- What is clear is that Senator BYRD loved West Virginia, with a dedication reer. understood the importance of asking that is unsurpassed in our Nation’s his- Senator BYRD will be remembered for the tough questions, regardless of their tory. many things. He will be remembered impact on himself personally or profes- Senator BYRD was legendary for that for his historic length of service; for sionally. In this regard, we could all commitment to his State, for his out- his rise from humble roots to the pin- learn a little bit from Senator BYRD. standing service as both the Senate’s nacles of political power; for his ency- I know my Senate colleagues will majority and minority leader, and for clopedic knowledge of Senate rules and agree with me when I say this institu- his staunch defense of the U.S. Con- procedure; and for his love of his wife tion, this country, this democracy lost stitution throughout his many years of of 68 years, Erma. a powerful advocate this week, and all public service. VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5532 CONGRESSIONAL RECORD — SENATE June 29, 2010 When I arrived in the Senate, Sen- tion stalled, it was one of the efforts bate with Presidents,’’ Senator BYRD ator BYRD was in the midst of his sixth that paved the way for later reforms, never forgot his roots in the hills of term, President pro tempore of the and I am grateful for his efforts. West Virginia. West Virginia lost a Senate, chairman of the Appropria- I respected him for that, and for so true champion, but his mark on the tions Committee and already a giant of many of the principled stands he took State will last far longer than even his the institution. It was an honor to during our service together, including half century in Congress. work beside him in this body. his opposition to the Iraq war. He I am honored to have served with Senator BYRD was the longest serv- brought tremendous wisdom and in- Senator BYRD. This institution is a ing Member of Congress in our Nation’s sight to our work here and I know how better place for his time here. history, elected to an unprecedented much those gifts will be missed. f ninth term in the Senate in 2006. It was ROBERT C. BYRD was a man who a long road from his humble beginnings sought to learn every day of his life, PROTECTING AFGHAN CIVILIANS in rural West Virginia to his long and and in turn taught all of us a great Mr. LEAHY. Mr. President, as we distinguished service here. Along the deal. He taught us about our nation’s take stock of the changes made last way, Senator BYRD’s life was charac- history, about the people he rep- week by President Obama to the mili- terized by hard work and a steely de- resented, and about the institution of tary command in Afghanistan, there is termination. the Senate he loved. While Senator a related issue that has been discussed And of all the things he was deter- BYRD’s passing is a loss for the nation, in the press that is of particular con- mined to do, perhaps the most signifi- his legacy of innumerable achieve- cern to me. cant was his determination to get an ments will live on for many, many I believe the President’s decision to education. Senator BYRD prized edu- years to come. My thoughts are with replace General McChrystal was the cation, and fought to get one for him- his family and many friends today. right decision. The published com- self despite difficult odds. That long ef- Mr. JOHNSON. Mr. President, on ments of the general and his aides were fort culminated in Senator BYRD earn- Monday, we lost a colleague and dear unquestionably insubordinate. They ing his law degree, after 10 years of friend with the passing of Senator ROB- portrayed extraordinarily poor judg- night classes as he served in Congress ERT C. BYRD. My deepest sympathy ment and disrespect, and a deteriora- by day. He was 46 years old when he goes out to his family, friends, dedi- tion of discipline that was unaccept- graduated, and President John F. Ken- cated staff, and the people of West Vir- able. nedy presented him with the diploma. ginia. Senator BYRD was truly a giant But putting aside those matters, I be- He shared that love of learning as a among Senators. His presence will be lieve General McChrystal’s command champion of continuing education, and greatly missed. was notable for his recognition, to an through the establishment of the Rob- Few have had the command of his- unprecedented extent, of the impor- ert C. Byrd Honors Scholarship Pro- tory that Senator BYRD possessed, and tance of protecting the lives of inno- gram, which provides scholarships to I suspect none have matched his cent Afghan civilians for the safety of high school seniors who show promise knowledge of the U.S. Constitution and U.S. troops and to improve the chances of continued excellence in postsec- the Senate in which he served. Senator of success of the mission. ondary education. BYRD never passed up the opportunity Before General McChrystal’s tenure, Senator BYRD was dedicated to the to give a history lesson, delivering im- the need to do more to reduce civilian Senate and served an invaluable role as passioned speeches peppered with po- casualties was discussed, particularly a historian of the institution. He wrote etry, lessons from ancient Rome, and after each incident when civilians were a distinguished multivolume history of his unique understanding of the work- inadvertently killed or injured. But far the Senate, and also authored several ings of this Chamber. He also never for- too little was done about it. The fre- other books. In fact when I drafted my got to remind us of the importance of quent reliance on air power in areas proposed constitutional amendment on Mother’s Day, the beauty of the first where civilians were present caused Senate vacancies, I consulted one of his day of spring, or how devoted he was to many innocent casualties. Whole vil- volumes on Senate history. He had his beloved wife Erma. lages were destroyed. Wedding parties written a chapter on the 17th amend- Senator BYRD held fiercely to his be- were wiped out. Night raids also often ment to the Constitution that was very liefs. Yet, he had the humility and wis- caused civilian deaths or injuries, as helpful in putting the issue of Senate dom to change beliefs he realized were well as widespread anger and resent- vacancies in a historical context. wrong. History will remember Senator ment towards U.S. troops who were As a student of Senate history, both BYRD, not only for his numerous perceived as disrespectful of Afghan the U.S. Senate and the Roman Senate, records of service, but for his unwaver- customs. he was also a passionate defender of ing commitment to education, public General McChrystal implemented the powers of the legislative branch. infrastructure, and the State of West stricter rules of engagement to reduce One would expect no less of a man so Virginia. these tragic incidents. While in some devoted to our Constitution. Senator This year, 19 outstanding high school cases these rules have limited our BYRD was eloquent as he spoke about students from my home State of South troops’ actions, they do not prevent the need to stand up for our Constitu- Dakota joined the ranks of thousands soldiers from acting in self-defense tion and its principles here in the Sen- of Robert C. Byrd Honors Scholarship when there is a real or perceived ate, and faithfully carried a copy of the recipients that are furthering their threat. There is no basis, as far as I am Constitution with him every day. He education, in part, because of Senator aware, military or otherwise, to criti- was very proud of his efforts to encour- BYRD’s belief in the value of higher cize these efforts to protect civilian age students to learn more about this education. He embodied that belief in lives. Indeed, I believe more can still be document and our great democracy. his own life, earning a law degree while done, particularly to prevent such un- In Senator BYRD’s lifetime of leader- serving in Congress and striving to fortunate incidents at roadblocks and ship, he worked on so many important continue learning each day. checkpoints, where those killed have, issues. As the Senate’s majority leader, Senator BYRD also understood the with few exceptions, turned out to be he helped to lead the fight against the value of investing in the small, some- unarmed civilians who posed no threat. mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE undue influence of money in politics in times overlooked communities of his Their deaths caused great suffering for an effort with then-Senator David State. Where others saw ‘‘pork,’’ he their families, and incited support for Boren of Oklahoma. Together they saw jobs, opportunities, and hope for the Taliban in their communities. sponsored campaign finance legislation hard-working Americans. He under- Reducing civilian casualties, and by and worked to pass it in what has been stood—better than most—that without doing so winning the support of the Af- described as ‘‘one of the most extraor- roads, clean water, and reliable utili- ghan people, is essential. In late April, dinary exhibitions of perseverance on ties, rural communities will struggle to the people of the town of Gizab, north the Senate floor, as BYRD led the Sen- reach their full potential. of Kandahar, took up arms and ousted ate through eight unsuccessful votes to Though he would later ‘‘walk with the Taliban. This is encouraging, but it end a filibuster.’’ While that legisla- Kings, meet Prime Ministers and de- is unlikely to continue to occur if the VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5533 United States and our ISAF partners Patients with diabetes are subject to This legislation would require insur- are perceived by the civilian popu- an increased risk of blindness, kidney ance companies to justify major in- lation as another invader. failure, high blood pressure, need for creases in their premiums—a power I have my own concerns with the amputations, nerve damage, and pre- that already resides with regulators in President’s strategy in Afghanistan, mature death. The potential benefits of a handful of States. which I will discuss at a later time. a cure for diabetes are truly out- Our bill would merely bring similar But today, as General Petraeus pre- standing, and that is why donations regulatory authority to a national pares to assume command of U.S. such as the one made by the Fraternal level, in response to numerous claims forces in Afghanistan, it is fortunate, I Order of Eagles are so important to im- of abuse all across the country. believe, that he knows from Iraq that proving the lives of all Americans. Mr. President, this wouldn’t put in- winning the support and respect of the Martin Luther King Jr. once said, surers out of business or prevent them local population means much more ‘‘Life’s most persistent and urgent from making an honest profit, but it than the cliche it has become. Progress question is: What are you doing for would increase transparency, restore in Afghanistan depends on it. others?’’ I think it is quite clear that accountability, and ensure that these f the Fraternal Order of Eagles is doing corporations can remain solvent. a great deal. For this donation and for In my home State of Illinois, some RECOGNIZING THE FRATERNAL insurers must already supply rate in- their other good works, I commend the ORDER OF EAGLES crease information to the State depart- Fraternal Order of Eagles. Mr. HARKIN. Mr. President, one of f ment of insurance. the great joys of my job as Senator is But under current law, regulators are working with non-profit organizations HIRA powerless to rein in obvious abuses dedicated to improving the lives of all Mr. BURRIS. Mr. President, a few when they occur. Americans. I would like to take a mo- months ago, my colleagues and I And as a result, small business own- ment to salute one such organization, passed a landmark health insurance re- ers like Charles—and countless folks in the Fraternal Order of Eagles. form bill. the individual market—are held hos- The Fraternal Order of Eagles is an President Obama signed it into law, tage to the same corporate agendas international nonprofit organization and together we ushered in a new era of that led us to pass a health reform law with over 1 million members world- transparency, accountability, and cost in the first place. wide. Established in 1898, the Fraternal savings for the American people. This is unacceptable. We need to pass Order of Eagles has truly made the Now, these reforms will go a long the Health Insurance Rate Authority lives of people across the world better way towards fixing our broken health Act, to keep insurance providers in by raising millions of dollars to combat care system. check until the full effects of the new cancer and heart disease, help children They will restore responsibility to law have taken hold. living with disabilities, and support the the insurance market, and impose com- I would urge my colleagues to join elderly. monsense regulations, to ensure that with me in standing up to the insur- Two years ago, over 700 delegates every American can get a fair deal. ance giants. representing the Fraternal Order of Ea- Some of these provisions have al- Let’s give regulators the authority to gles voted by unanimous consent to ready gone into effect. Others will take approve or deny excessive rate hikes, commit $25 million to the University of time to implement correctly. so we can make sure every American Iowa to create the world’s premier dia- But as we move swiftly to translate can get a fair deal—starting today. betes research center. Already a world this legislation into reality, we need to f leader in medical and diabetes re- be mindful of those who would take ad- search, the University of Iowa has the vantage of this period of transition. REMEMBERING DONALD J. RUHL unique ability to fully maximize every Already, there are reports that some Mr. BARRASSO. Mr. President, this dollar being donated. But that isn’t the health insurance companies have dras- weekend, the citizens of Greybull, WY only reason the Fraternal Order of Ea- tically increased their rates, using our gather to dedicate a monument at the gles selected the University of Iowa to reform law as an excuse. Donald J. Ruhl Memorial Cemetery. receive these funds; both the Eagles I recently heard from Charles, a This monument is the culmination of and the University of Iowa have had a small business owner from Plano, IL, the hopes, dreams and hard work of tradition of helping those in their com- who reported that his employees will dozens of people in the community. A munities and beyond for over a cen- see their premiums go up by an average true American hero was laid to rest in tury. of almost 28 percent next year. their cemetery, and these committed One of the missions of the Fraternal And some folks will have to pay an individuals wanted his memory to be Order of Eagles is to lessen the ills of arbitrary increase of 35 percent—even honored forever. Donald served our Na- mankind, and I can’t think of a more though their benefits haven’t changed tion during World War II as a marine. appropriate way to do that than to join yet. His bravery and ultimate sacrifice in the fight against diabetes. In the That is because a few big insurance earned him our Nation’s most distin- United States, over 23 million children companies have chosen to hike up their guished recognition, the Medal of and adults already suffer from the dia- profits before our health reform law re- Honor. betes, with an additional 1.6 million quires them to improve their services Donald J. ‘‘Johnny’’ Ruhl, enlisted in adults being diagnosed every year. It is as well. the Marine Corps Reserve on Sep- said that an ounce of prevention is Now, there is nothing wrong with tember 12, 1942. Immediately going on worth a pound of cure, and perhaps no- making an honest buck. active duty, the new recruit used his where is that more applicable than in But these abusive increases will lifelong experience with firearms to the case of diabetes. Unlike other make it harder for ordinary folks and qualify as a sharpshooter, and dem- chronic diseases which do not appear small businesses to get coverage in the onstrated his endurance by becoming a until later in life, diabetes does not short term. combat swimmer. Following his exem- spare the young. Almost 200,000 Ameri- There is no question that they vio- plary performance at boot camp, Pri- mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE cans below the age of 20 suffer from di- late the spirit of our reform law—so I vate Ruhl volunteered for Parachute abetes. It was recently predicted that believe we need to take action. Training School. At the conclusion of one in three children born in 2000 will It is time to close this loophole, so this 5-week training, Ruhl was pro- eventually suffer from diabetes if cur- big companies must compete with oth- moted to private first class and as- rent rates continue. The health care ers in an open marketplace—and so signed to further training in New Cal- cost associated with caring for these they can be held accountable for unrea- edonia. patients is enormous, amounting to sonable rate hikes. He first saw combat at Bougainville, over $170 billion in 2007. But the costs That is why I am proud to support but it was his actions at Iwo Jima that to patients and their loved ones who the Health Insurance Rate Authority truly demonstrated his heroism. In suffer from diabetes are even greater. Act. February 1945, Johnny departed from VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5534 CONGRESSIONAL RECORD — SENATE June 29, 2010 Saipan aboard the USS LST 481, headed public health threat and encourage ished his military career as wing com- for the shores of Iwo Jima. Private greater prevention, diagnosis and mander at Moody Air Force Base in First Class Ruhl displayed his courage treatment efforts. Valdosta, GA, flying T–37 and T–38 air- from the onset of D-day at Iwo Jima on Hereditary Hemorrhagic Telan- craft. February 19, 1945. Johnny recognized giecstasia, HHT, also referred to as Following his retirement in 1971, his role early on in the battle attack- Osler-Weber-Rendu Syndrome, is a Colonel Parker made Valdosta, GA, his ing a group of eight Japanese soldiers complex genetic blood vessel disorder home. He became heavily involved in single-handedly. Private First Class that affects approximately 70,000, or 1 the operations and upkeep of the Val- Ruhl confirmed his valor and bravery in 5,000, Americans. It is characterized dosta Municipal Airport and began a by risking his own life to rescue a ma- by irregular blood vessel growths, or second career in banking. During his rine wounded ahead of the front line— telangiectases, in the nasal mucosa, tenure as chairman of the airport au- ensuring that the man was transported mouth, gastrointestinal tract, and skin thority from 1987 to 2005, he was instru- to an aid station, regardless of the of the face and hands, as well as artery- mental in earning funding for several threat to Ruhl. vein malformations—AVMs—in the major construction projects, including Ruhl continued to establish his com- major organs including the lungs, a project to lengthen the main instru- mitment to the cause by returning brain, and liver. If left misdiagnosed or ment runway to 8,002 feet. from the aid station to voluntarily in- untreated, HHT can result in consider- Colonel Parker remains an active vestigate an abandoned Japanese gun able morbidity and mortality. pilot with over 7,500 hours of flight emplacement. With boundless courage, It is estimated that 20 to 40 percent time. He continues to work with the he prevented the enemy from regaining of debilitating and life-threatening Valdosta-Lowndes Chamber of Com- possession of the valuable site by occu- complications and sudden death due to merce to benefit the flying activities pying the position throughout the these ‘‘vascular time bombs’’ are pre- at both Moody Air Force Base and in night. On February 21, Johnny dem- ventable. Twenty percent of those with the Valdosta civil aviation community. onstrated his true selfless nature. As HHT, regardless of age, suffer death or Additionally, he remains a consultant Company E, 2nd Battalion, 28th Ma- disability. HHT has been subject to to the Valdosta-Lowndes County Air- rines, 5th Marine Division pushed for- underreporting for many years. Ap- port Authority. ward on their quest to capture Mount proximately 90 percent of the HHT pop- Colonel Parker has enjoyed a career Suribachi, Private First Class Ruhl ulation is not yet diagnosed and is at that is extraordinary in length, quality along with his platoon guide, pressed risk for sudden rupture of the blood of service, and leadership. For these their position to the top of a Japanese vessels in major organs in the body, reasons, he has been selected to receive bunker. As the marines prepared to fire such as the brain and lungs, and other the Federal Aviation Administration’s upon the enemy troops, a grenade land- complications due to nosebleeds and Wright Brothers Master Pilot Award. ed between them. While notifying the gastrointestinal bleeding. The Wright Brothers Master Pilot platoon guide, Ruhl dove onto the gre- It is my hope that efforts throughout Award recognizes pilots who have nade, absorbing the full detonation the month of June will increase aware- maintained safe flight operations for 50 with his body. This sacrifice saved the ness of HHT and mitigate the prevent- or more consecutive years. We can lives of all of the nearby marines. able health threats posed by this dis- think of no higher award for a pilot, Thanks in great part to this selfless order. and we are proud to recognize Colonel act, Company E was able to raise an f Parker for his receipt of the Wright American flag on the top of Mount Brothers Master Pilot Award.∑ Suribachi. ADDITIONAL STATEMENTS f In awarding Private First Class Ruhl the Medal of Honor posthumously, TRIBUTE TO SARAH MARGARET TRIBUTE TO COLONEL CLARENCE AKER President Truman recognized Johnny’s S. PARKER efforts, stating ‘‘An indomitable fight- ∑ Mr. THUNE. Mr. President, today I er, PFC Ruhl rendered heroic service ∑ Mr. CHAMBLISS. Mr. President, I recognize Sarah Margaret Aker, an in- toward the defeat of a ruthless wish to join with my colleague, Sen- tern in my Washington, DC, office, for enemy.’’ . . . Certainly Truman was ator ISAKSON, today to honor the ac- all of the hard work she has done for correct when he continued praising complishments of COL Clarence S. me, my staff, and the State of South Ruhl’s dedication to our Nation and his Parker of Valdosta, GA, in the RECORD Dakota over the past several weeks. fellow marines, ‘‘. . . his valor, initia- of the Senate. Sarah is a graduate of Sturgis Brown tive and unfaltering spirit of self-sac- For most of his life, Colonel Parker High School, Sturgis, SD. Currently, rifice in the face of almost certain has been a dedicated pilot. In 1940, she is attending the University of death sustained and enhanced the high- when the United States was on the South Dakota, where she is majoring est traditions of the United States brink of war, Colonel Parker was pre- in chemistry and political science. She Naval Service.’’ pared to fight for his loved ones and his is a hard worker who has been dedi- PFC Donald J. Ruhl embodied the nation. A native of Houston, TX, Colo- cated to getting the most out of her in- Marine Corps motto, Semper Fidelis, nel Parker began his lengthy career in ternship experience. committing his life, and his death, to aviation while enrolled as a student at I would like to extend my sincere loyalty to the Corps and his country. the University of Houston. thanks and appreciation to Sarah for The community of Greybull has done After the Japanese attack on Pearl all of the fine work she has done and well to recognize this hero. They have Harbor, Colonel Parker entered the wish her continued success in the years demonstrated their faithfulness to his U.S. Army Air Corps in January of to come.∑ memory by renaming his eternal rest- 1942. He completed military flight f ing place. His gift to our country will training and was commissioned in Sep- tember of that year. During World War TRIBUTE TO KEATON JACE never be forgotten—in passing his me- II, Colonel Parker was an instructor BAUMAN morial, we will forever know that Don- ald J. Ruhl gave all so our country pilot at Waco Army Airfield, primarily ∑ Mr. THUNE. Mr. President, today I mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE could remain free. in the BT–13 and the P–40 aircraft. He recognize Keaton Jace Bauman, an in- f flew during the early phases of the Ber- tern in my Washington, DC, office, for lin Airlift, and later ascended to a posi- all of the hard work he has done for NATIONAL HEREDITARY HEMOR- tion of leadership as the chief of flight me, my staff, and the State of South RHAGIC TELANGIECSTASIA procedures from 1948 until the end of Dakota over the past several weeks. MONTH the airlift. In 1950, he returned to the Keaton is a graduate of Huron High Mr. JOHNSON. Mr. President, I rise U.S. to serve at the Pentagon in the School in Huron, SD. Currently, he is today in recognition of National Hered- U.S. Air Force Headquarters and also attending the University of South Da- itary Hemorrhagic Telangiecstasia— at Tyndall Air Force Base in Florida. kota, where he is majoring in history HHT—Month to raise awareness of this Following service in Vietnam, he fin- and political science. He is a hard VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE CORRECTION S5535 worker who has been dedicated to get- retary of the Senate, on June 28, 2010, H. Res. 1484. Resolution relative to the ting the most out of his internship ex- during the adjournment of the Senate, death of the Honorable ROBERT C. BYRD, a perience. received a message from the House an- Senator from the State of West Virginia. I would like to extend my sincere nouncing that the Speaker has signed f thanks and appreciation to Keaton for the following enrolled bill: MEASURES REFERRED all of the fine work he has done and H.R. 2194. An act to amend the Iran Sanc- wish him continued success in the The following bills were read the first tions Act of 1996 to enhance United States years to come.∑ diplomatic efforts with respect to Iran by ex- and the second times by unanimous f panding economic sanctions against Iran. consent, and referred as indicated: f H.R. 3913. An act to direct the Mayor of the TRIBUTE TO ABIANE CAMPBELL District of Columbia to establish a District ∑ Mr. THUNE. Mr. President, today I MESSAGES FROM THE HOUSE of Columbia National Guard Educational As- recognize Abiane Campbell, an intern At 10:27 a.m., a message from the sistance Program to encourage the enlist- in my Washington, DC, office, for all of ment and retention of persons in the District House of Representatives, delivered by of Columbia National Guard by providing fi- the hard work she has done for me, my Mr. Novotny, one of its reading clerks, nancial assistance to enable members of the staff, and the State of South Dakota announced that the House has passed National Guard of the District of Columbia over the past several weeks. the following bill, in which it requests to attend undergraduate, vocational, or tech- Abiane is a graduate of Yankton the concurrence of the Senate: nical courses; to the Committee on Home- High School in Yankton, SD. Cur- H.R. 3913. An act to direct the Mayor of land Security and Governmental Affairs. rently, she is attending the Winona District of Columbia to establish a District H.R. 5116. An act to invest in innovation State University, where she is major- of Columbia National Guard Educational As- through research and development, to im- ing in business administration and sistance Program to encourage the enlist- prove the competitiveness of the United paralegal studies. She is a hard worker ment and retention of persons in the District States, and for other purposes; to the Com- who has been dedicated to getting the of Columbia National Guard by providing fi- mittee on Commerce, Science, and Transpor- nancial assistance to enable members of the tation. most out of her internship experience. I would like to extend my sincere National Guard of the District of Columbia f thanks and appreciation to Abiane for to attend undergraduate, vocational, or tech- nical courses. MEASURES PLACED ON THE all of the fine work she has done and CALENDAR wish her continued success in the years The message also announced that the to come.∑ House has passed the following bill, The following bill was read the sec- with amendments, in which it requests ond time, and placed on the calendar: f the concurrence of the Senate: H.R. 5175. An act to amend the Federal TRIBUTE TO HAYDEN MATHIAS Election Campaign Act of 1971 to prohibit S. 1510. An act to transfer statutory enti- FUCHS tlements to pay and hours of work author- foreign influence in Federal elections, to prohibit government contractors from mak- ∑ Mr. THUNE. Mr. President, today I ized by the District of Columbia Code for ing expenditures with respect to such elec- recognize Hayden Mathias Fuchs, an current members of the United States Secret tions, and to establish additional disclosure intern in my Washington, DC, office, Service Uniformed Division from the Dis- requirements with respect to spending in for all of the hard work he has done for trict of Columbia Code to the United States such elections, and for other purposes. me, my staff, and the State of South Code. f Dakota over the past several weeks. At 2:20 p.m., a message from the MEASURES READ THE FIRST TIME Hayden is a graduate of Stevens High School in Rapid City, SD. Currently, he House of Representatives, delivered by Mrs. Cole, one of its reading clerks, an- The following bill was read the first is attending the University of Kansas, time: where he is majoring in business-fi- nounced that the House has passed the following bill, in which it requests the H.R. 5623. An act to amend the Internal nance and business-management. He is Revenue Code of 1986 to extend the home- a hard worker who has been dedicated concurrence of the Senate: buyer tax credit for the purchase of a prin- to getting the most out of his intern- H.R. 5611. An act to amend the Internal cipal residence before October 1, 2010, in the ship experience. Revenue Code of 1986 to extend the funding case of a written binding contract entered and expenditure authority of the Airport and into with respect to such principal residence I would like to extend my sincere Airway Trust Fund, to amend title 49, United before May 1, 2010, and for other purposes. thanks and appreciation to Hayden for States Code, to extend authorizations for the all of the fine work he has done and airport improvement program, and for other f wish him continued success in the purposes. EXECUTIVE AND OTHER years to come.∑ COMMUNICATIONS f At 4:56 p.m., a message from the House of Representatives, delivered by The following communications were MESSAGES FROM THE PRESIDENT laid before the Senate, together with Mrs. Cole, one of its reading clerks, an- Messages from the President of the nounced that the House has passed the accompanying papers, reports, and doc- United States were communicated to following bill, in which it requests the uments, and were referred as indicated: the Senate by Mrs. Neiman, one of his concurrence of the Senate: EC–6441. A communication from the Direc- secretaries. tor of the Regulatory Management Division, H.R. 5623. An act to amend the Internal f Office of Policy, Economics, and Innovation, Revenue Code of 1986 to extend the home- Environmental Protection Agency, transmit- buyer tax credit for the purchase of a prin- EXECUTIVE MESSAGES REFERRED ting, pursuant to law, the report of a rule en- cipal residence before October 1, 2010, in the As in executive session the Presiding titled ‘‘Pasteuria usgae; Exemption from the case of a written binding contract entered Requirement of a Tolerance’’ (FRL No. 8831– Officer laid before the Senate messages into with respect to such principal residence 9) received in the Office of the President of from the President of the United before May 1, 2010, and for other purposes. the Senate on June 24, 2010; to the Com- States submitting sunday nominations The message further announced that mittee on Agriculture, Nutrition, and For- and a treaty which were referred to the the House has passed the following estry. appropriate committees. joint resolution, without amendment: EC–6442. A communication from the Chief (The nominations received today are mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S.J. Res. 33. Joint resolution to provide for of Research and Analysis, Food and Nutri- printed at the end of the Senate pro- the reconsideration and revision of the pro- tion Services, Department of Agriculture, ceedings.) posed constitution of the United States Vir- transmitting, pursuant to law, the report of a rule entitled ‘‘Supplemental Nutrition As- f gin Islands to correct provisions inconsistent with the Constitution and Federal law. sistance Program: Quality Control Provi- MESSAGE FROM THE HOUSE RE- sions of Title IV of Public Law 107–171’’ CEIVED DURING ADJOURNMENT (RIN0584–AD31) received in the Office of the At 5:36 p.m., a message from the ON JUNE 28, 2010 President of the Senate on June 24, 2010; to House of Representatives, delivered by the Committee on Agriculture, Nutrition, ENROLLED BILL SIGNED Mrs. Cole, one of its reading clerks, an- and Forestry. Under the authority of the order of nounced that the House agreed to the EC–6443. A communication from the Con- the Senate of January 6, 2009, the Sec- following resolution: gressional Review Coordinator, Animal and VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5536 CONGRESSIONAL RECORD — SENATE June 29, 2010 Plant Health Inspection Service, Department Marine Fisheries Service, Department of Program Report’’ and ‘‘Community Services of Agriculture, transmitting, pursuant to Commerce, transmitting, pursuant to law, Block Grant Performance Measurement Re- law, the report of a rule entitled ‘‘Asian the report of a rule entitled ‘‘Atlantic Highly port’’; to the Committee on Health, Edu- Longhorned Beetle; Quarantined Area and Migratory Species; 2010 Atlantic Bluefin cation, Labor, and Pensions. Regulated Articles’’ (Docket No. APHIS– Tuna Quota Specifications’’ (RIN0648–AY77) EC–6463. A communication from the Chair- 2010–0004) received in the Office of the Presi- received in the Office of the President of the man, Merit System Protection Board, trans- dent of the Senate on June 25, 2010; to the Senate on June 24, 2010; to the Committee on mitting, pursuant to law, a report entitled Committee on Agriculture, Nutrition, and Commerce, Science, and Transportation. ‘‘Prohibited Personnel Practices—A Study Forestry. EC–6455. A communication from the Assist- Retrospective’’; to the Committee on Home- EC–6444. A communication from the Con- ant Secretary for Export Administration, land Security and Governmental Affairs. gressional Review Coordinator, Animal and Bureau of Industry and Security, Depart- EC–6464. A communication from the Sec- Plant Health Inspection Service, Department ment of Commerce, transmitting, pursuant retary, Judicial Conference of the United of Agriculture, transmitting, pursuant to to law, the report of a rule entitled ‘‘Revi- States, transmitting, legislative proposals law, the report of a rule entitled ‘‘Citrus sions to the Export Administration Regula- relative to the fiscal year 2010 supplemental Greening and Asian Citrus Psyllid; Quar- tions Based Upon a Systematic Review of the proposals in the fiscal year 2011 Budget for antine and Interstate Movement Regula- Commerce Control List: Additional the Department of Homeland Security; to tions’’ (RIN0579–AC85) received in the Office Changes’’ (RIN0694–AE56) received in the Of- the Committee on the Judiciary. of the President of the Senate on June 25, fice of the President of the Senate on June EC–6465. A communication from the Dep- 2010; to the Committee on Agriculture, Nu- 24, 2010; to the Committee on Commerce, uty Director, National Legislative Commis- trition, and Forestry. Science, and Transportation. sion, The American Legion, transmitting, EC–6445. A communication from the Dep- EC–6456. A communication from the Chief pursuant to law, a report relative to the fi- uty Under Secretary of Defense (Acquisition, of Staff, Media Bureau, Federal Communica- nancial condition of The American Legion as Technology and Logistics), transmitting, tions Commission, transmitting, pursuant to of December 31, 2009; to the Committee on pursuant to law, a report relative to the De- law, the report of a rule entitled ‘‘Amend- the Judiciary. partment’s purchases from foreign entities ment of Section 73.202(b), Table of Allot- EC–6466. A communication from the Staff for Fiscal Year 2009; to the Committee on ments, FM Broadcast Stations (Culebra, Director, U.S. Sentencing Commission, Armed Services. Puerto Rico, Charlotte Amalie, and Chris- transmitting, pursuant to law, the 2009 An- EC–6446. A communication from the Under tiansted, Virgin Islands)’’ (MB Docket No. nual Report and Sourcebook of Federal Sen- Secretary of Defense (Acquisition, Tech- 08–243) received in the Office of the President tencing Statistics; to the Committee on the nology, and Logistics), transmitting, pursu- of the Senate on June 25, 2010; to the Com- Judiciary. ant to law, a report entitled, ‘‘Federally mittee on Commerce, Science, and Transpor- f Funded Research and Development Center’s tation. Estimated FY 2011 Staff-years of Technical EC–6457. A communication from the Direc- REPORTS OF COMMITTEES Effort (STEs) and Estimated Funding’’; to tor of the Regulatory Management Division, Office of Policy, Economics, and Innovation, The following reports of committees the Committee on Armed Services. EC–6447. A communication from the Assist- Environmental Protection Agency, transmit- were submitted: ant to the Secretary of Defense, Nuclear and ting, pursuant to law, the report of a rule en- By Mrs. BOXER, from the Committee on Chemical and Biological Defense Programs, titled ‘‘Revisions to the California State Im- Environment and Public Works, without transmitting, pursuant to law, the Depart- plementation Plan, Yolo-Solano Air Quality amendment: ment of Defense (DoD) Chemical and Biologi- Management District’’ (FRL No. 9167–6) re- S. 3373. A bill to address the health and cal Defense Program (CBDP) Annual Report ceived in the Office of the President of the economic development impacts of nonattain- to Congress for 2010; to the Committee on Senate on June 24, 2010; to the Committee on ment of federally mandated air quality Armed Services. Environment and Public Works. standards in the San Joaquin Valley, Cali- EC–6448. A communication from the Chair- EC–6458. A communication from the Direc- fornia, by designating air quality empower- man and President of the Export-Import tor of the Regulatory Management Division, ment zones (Rept. No. 111–218). Bank, transmitting, pursuant to law, a re- Office of Policy, Economics, and Innovation, By Mr. KERRY, from the Committee on port relative to transactions involving U.S. Environmental Protection Agency, transmit- Foreign Relations, with an amendment in exports to Mexico; to the Committee on ting, pursuant to law, the report of a rule en- the nature of a substitute: Banking, Housing, and Urban Affairs. titled ‘‘Emergency Planning and Community S. 1382. A bill to improve and expand the EC–6449. A communication from the Chair- Right-to-Know Act; Guidance on Reporting Peace Corps for the 21st century, and for man and President of the Export-Import Options for Sections 311 and 312 and Interpre- other purposes (Rept. No. 111–219). Bank, transmitting, pursuant to law, a re- tations’’ (FRL No. 9168–7) received in the Of- By Mr. LIEBERMAN, from the Committee port relative to transactions involving U.S. fice of the President of the Senate on June on Homeland Security and Governmental Af- exports to Mexico; to the Committee on 24, 2010; to the Committee on Environment fairs, without amendment: Banking, Housing, and Urban Affairs. and Public Works. H.R. 4861. A bill to designate the facility of EC–6450. A communication from the Chair- EC–6459. A communication from the Direc- the United States Postal Service located at man and President of the Export-Import tor of the Regulatory Management Division, 1343 West Irving Park Road in Chicago, Illi- Bank, transmitting, pursuant to law, a re- Office of Policy, Economics, and Innovation, nois, as the ‘‘Steve Goodman Post Office port relative to transactions involving U.S. Environmental Protection Agency, transmit- Building’’. exports to Brazil; to the Committee on ting, pursuant to law, the report of a rule en- H.R. 5051. A bill to designate the facility of Banking, Housing, and Urban Affairs. titled ‘‘Disapproval of California State Im- the United States Postal Service located at EC–6451. A communication from the Chair- plementation Plan Revisions, Monterey Bay 23 Genesee Street in Hornell, New York, as man and President of the Export-Import Unified Air Pollution Control District’’ (FRL the ‘‘Zachary Smith Post Office Building’’. Bank, transmitting, pursuant to law, a re- No. 9169–3) received in the Office of the Presi- H.R. 5099. A bill to designate the facility of port relative to transactions involving U.S. dent of the Senate on June 24, 2010; to the the United States Postal Service located at exports to Honduras; to the Committee on Committee on Environment and Public 15 South Main Street in Sharon, Massachu- Banking, Housing, and Urban Affairs. Works. setts, as the ‘‘Michael C. Rothberg Post Of- EC–6452. A communication from the Chief EC–6460. A communication from the Chair- fice’’. Counsel, Federal Emergency Management man, Medicare Payment Advisory Commis- S. 3465. A bill to designate the facility of Agency, Department of Homeland Security, sion, transmitting, pursuant to law, a report the United States Postal Service located at transmitting, pursuant to law, the report of entitled ‘‘Report to the Congress: Aligning 15 South Main Street in Sharon, Massachu- a rule entitled ‘‘Changes in Final Flood Ele- Incentives in Medicare’’; to the Committee setts, as the ‘‘Michael C. Rothberg Post Of- vation Determinations’’ ((44 CFR Part on Finance. fice’’. 67)(Docket No. FEMA–2010–0003)) received in EC–6461. A communication from the Pro- f the Office of the President of the Senate on gram Manager, Office of the National Coordi- June 24, 2010; to the Committee on Banking, nator for Health Information Technology, EXECUTIVE REPORTS OF mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE Housing, and Urban Affairs. Department of Health and Human Services, COMMITTEE EC–6453. A communication from the Asso- transmitting, pursuant to law, the report of ciate Director, Office of Foreign Assets Con- a rule entitled ‘‘Establishment of the Tem- The following executive reports of trol, Department of the Treasury, transmit- porary Certification Program for Health In- nominations were submitted: ting, pursuant to law, the report of a rule en- formation Technology’’ (RIN0991–AB59) re- By Mr. LEVIN for the Committee on titled ‘‘Republication of Appendix A to 31 ceived in the Office of the President of the Armed Services. CFR Chapter V’’ received in the Office of the Senate on June 23, 2010; to the Committee on *Army nomination of Gen. David H. President of the Senate on June 15, 2010; to Health, Education, Labor, and Pensions. Petraeus, to be General. the Committee on Banking, Housing, and EC–6462. A communication from the Sec- *Army nomination of Lt. Gen. Lloyd J. Urban Affairs. retary of Health and Human Services, trans- Austin III, to be General. EC–6454. A communication from the Assist- mitting, pursuant to law, (2) reports entitled *Army nomination of Gen. Raymond T. ant Administrator for Fisheries, National ‘‘Community Services Block Grant (CSBG) Odierno, to be General. VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5537 Army nomination of Lt. Gen. Francis H. Air Force nominations beginning with Navy nominations beginning with Nora A. Kearney III, to be Lieutenant General. Mark J. Aguiar and ending with Melinda A. Burghardt and ending with Rick T. Taylor, Marine Corps nomination of Brig. Gen. Rex Williamson, which nominations were re- which nominations were received by the Sen- C. McMillian, to be Major General. ceived by the Senate and appeared in the ate and appeared in the Congressional Navy nomination of Rear Adm. (lh) Alton Congressional Record on April 21, 2010. Record on April 29, 2010. L. Stocks, to be Rear Admiral. Air Force nominations beginning with Navy nominations beginning with Bruce J. Navy nomination of Rear Adm. (lh) Wil- Verona Boucher and ending with James A. Black and ending with David G. Wirth, which liam A. Brown, to be Rear Admiral. Young, which nominations were received by nominations were received by the Senate and Navy nomination of Capt. Elaine C. Wag- the Senate and appeared in the Congres- appeared in the Congressional Record on ner, to be Rear Admiral (lower half). sional Record on April 21, 2010. April 29, 2010. Navy nomination of Capt. Colin G. Chinn, Marine Corps nominations beginning with Navy nominations beginning with Chad F. to be Rear Admiral (lower half). Adam M. King and ending with James D. Acey and ending with Steven G. Weldon, Navy nominations beginning with Capt. Valentine, which nominations were received which nominations were received by the Sen- Willie L. Metts and ending with Capt. Jan E. by the Senate and appeared in the Congres- ate and appeared in the Congressional Tighe, which nominations were received by sional Record on May 27, 2010. Record on April 29, 2010. the Senate and appeared in the Congres- Navy nomination of Lynn A. Oschmann, to Navy nominations beginning with James sional Record on April 14, 2010. be Captain. S. Biggs and ending with Harold E. Williams, Navy nomination of Capt. Thomas H. Navy nomination of Diane C. Boettcher, to which nominations were received by the Sen- Bond, Jr., to be Rear Admiral (lower half). be Captain. ate and appeared in the Congressional Navy nomination of Rear Adm. (lh) Samuel Navy nominations beginning with Stephen Record on April 29, 2010. J. Cox, to be Rear Admiral. J. Lepp and ending with Melanie F. Obrien, Navy nominations beginning with Richard Navy nomination of Rear Adm. (lh) Mi- which nominations were received by the Sen- W. Haupt and ending with Joseph A. Surette, chael S. Rogers, to be Rear Admiral. ate and appeared in the Congressional which nominations were received by the Sen- Navy nomination of Rear Adm. (lh) David Record on April 26, 2010. ate and appeared in the Congressional G. Simpson, to be Rear Admiral. Navy nomination of Caroline M. Gaghan, Record on April 29, 2010. Navy nomination of Rear Adm. (lh) David to be Captain. Navy nominations beginning with Edward A. Dunaway, to be Rear Admiral. Navy nominations beginning with David A. Bradfield and ending with Scott E. Organ, Navy nominations beginning with Rear W. Howard and ending with Carl R. Torres, which nominations were received by the Sen- Adm. (lh) Terry J. Benedict and ending with which nominations were received by the Sen- ate and appeared in the Congressional Rear Adm. (lh) Thomas J. Eccles, which ate and appeared in the Congressional Record on April 29, 2010. nominations were received by the Senate and Record on April 26, 2010. Navy nominations beginning with Brian D. appeared in the Congressional Record on Navy nominations beginning with Kevin A. Connon and ending with Erika L. Sauer, April 28, 2010. Askin and ending with Craig S. Fehrle, which nominations were received by the Sen- Navy nomination of Capt. James H. Rod- which nominations were received by the Sen- ate and appeared in the Congressional man, Jr., to be Rear Admiral (lower half). ate and appeared in the Congressional Record on April 29, 2010. Navy nomination of Capt. Victor M. Beck, Record on April 26, 2010. Navy nominations beginning with Conrado to be Rear Admiral (lower half). Navy nominations beginning with John B. K. Alejo and ending with Richard D. Jones, Navy nomination of Capt. Gerald W. Holt and ending with Christopher R. Stearns, which nominations were received by the Sen- Clusen, to be Rear Admiral (lower half). which nominations were received by the Sen- ate and appeared in the Congressional Navy nomination of Capt. Bryan P. ate and appeared in the Congressional Record on April 29, 2010. Cutchen, to be Rear Admiral (lower half). Record on April 26, 2010. Navy nominations beginning with Eric D. Navy nomination of Rear Adm. (lh) Patri- Navy nomination of Jeffrey S. Tandy, to be Cheney and ending with Cynthia M. Womble, cia E. Wolfe, to be Rear Admiral. Captain. which nominations were received by the Sen- Navy nomination of Rear Adm. (lh) Donald Navy nominations beginning with Russell ate and appeared in the Congressional R. Gintzig, to be Rear Admiral. L. Coons and ending with Scott C. Rye, Record on April 29, 2010. Navy nomination of Rear Adm. (lh) Steven Navy nominations beginning with James which nominations were received by the Sen- M. Talson, to be Rear Admiral. A. Aiken and ending with Theodore A. Zobel, ate and appeared in the Congressional Navy nomination of Rear Adm. (lh) which nominations were received by the Sen- Record on April 26, 2010. Lothrop S. Little, to be Rear Admiral. Navy nominations beginning with Kevin P. ate and appeared in the Congressional Navy nominations beginning with Rear Bennett and ending with Paul F. White, Record on April 29, 2010. Navy nomination of James R. Peltier, to Adm. (lh) Garry J. Bonelli and ending with which nominations were received by the Sen- be Captain. Rear Adm. (lh) Robert O. Wray, Jr., which ate and appeared in the Congressional Navy nominations beginning with Joseph nominations were received by the Senate and Record on April 26, 2010. C. Aquilina and ending with William M. appeared in the Congressional Record on Navy nominations beginning with Richard Wike, which nominations were received by May 24, 2010. A. Balzano and ending with Mark J. Winter, the Senate and appeared in the Congres- Navy nomination of Capt. Margaret A. which nominations were received by the Sen- sional Record on May 13, 2010. Rykowski, to be Rear Admiral (lower half). ate and appeared in the Congressional Navy nominations beginning with Stephen Navy nomination of Capt. Gregory C. Horn, Record on April 26, 2010. G. Alfano and ending with Terry D. Webb, to be Rear Admiral (lower half). Navy nominations beginning with John T. which nominations were received by the Sen- Navy nomination of Capt. Paula C. Brown, Archer and ending with Andrew D. Mcdon- ate and appeared in the Congressional to be Rear Admiral (lower half). ald, which nominations were received by the Record on May 13, 2010. Navy nomination of Rear Adm. (lh) Scott Senate and appeared in the Congressional Navy nominations beginning with Chris- A. Weikert, to be Rear Admiral. Record on April 26, 2010. topher A. Blow and ending with Linda D. Navy nominations beginning with Captain Navy nominations beginning with Steven Youberg, which nominations were received Kelvin N. Dixon and ending with Captain T. Beldy and ending with Dan A. Starling, by the Senate and appeared in the Congres- John C. Sadler, which nominations were re- which nominations were received by the Sen- sional Record on May 13, 2010. ceived by the Senate and appeared in the ate and appeared in the Congressional Navy nominations beginning with Jeffrey Congressional Record on May 5, 2010. (minus Record on April 26, 2010. A. Fischer and ending with Tracy V. Riker, 1 nominee: Captain Luke M. McCollum) Navy nominations beginning with James which nominations were received by the Sen- Mr. LEVIN. Mr. President, for the D. Beardsley and ending with Christopher S. ate and appeared in the Congressional Committee on Armed Services I report Zimmerman, which nominations were re- Record on May 13, 2010. ceived by the Senate and appeared in the Navy nominations beginning with Cath- favorably the following nomination Congressional Record on April 26, 2010. erine A. Bayne and ending with Mary A. lists which were printed in the RECORDs Navy nominations beginning with Lloyd P. Yonk, which nominations were received by on the dates indicated, and ask unani- Brown, Jr. and ending with Vincentius J. the Senate and appeared in the Congres- mous consent, to save the expense of Vanjoolen, which nominations were received sional Record on May 13, 2010. mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE reprinting on the Executive Calendar by the Senate and appeared in the Congres- Navy nominations beginning with John D. that these nominations lie at the Sec- sional Record on April 29, 2010. Brughelli and ending with Polly S. Wolf, retary’s desk for the information of Navy nominations beginning with Danny which nominations were received by the Sen- K. Busch and ending with Michael Ziv, which ate and appeared in the Congressional Senators. nominations were received by the Senate and Record on May 13, 2010. The PRESIDING OFFICER. Without appeared in the Congressional Record on Navy nominations beginning with Billy M. objection, it is so ordered. April 29, 2010. Appleton and ending with Mil A. Yi, which Air Force nominations beginning with Jer- Navy nominations beginning with William nominations were received by the Senate and emy C. Aamold and ending with Peter W. S. Dillon and ending with Michael J. appeared in the Congressional Record on Zumwalt, which nominations were received Vangheem, which nominations were received May 13, 2010. by the Senate and appeared in the Congres- by the Senate and appeared in the Congres- Navy nominations beginning with Eric M. sional Record on March 3, 2010. sional Record on April 29, 2010. Aaby and ending with George N. Suther, VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5538 CONGRESSIONAL RECORD — SENATE June 29, 2010 which nominations were received by the Sen- S. Res. 573. A resolution urging the devel- (Ms. LANDRIEU) and the Senator from ate and appeared in the Congressional opment of a comprehensive strategy to en- Delaware (Mr. KAUFMAN) were added as Record on May 13, 2010. sure stability in Somalia, and for other pur- cosponsors of S. 3034, a bill to require Navy nomination of Axel L. Steiner, to be poses; to the Committee on Foreign Rela- Lieutenant Commander. the Secretary of the Treasury to strike tions. Navy nomination of Clifford R. Shearer, to By Mr. REID (for himself and Mr. medals in commemoration of the 10th be Commander. MCCONNELL): anniversary of the September 11, 2001, *Nomination was reported with rec- S. Res. 574. A resolution relative to the me- terrorist attacks on the United States ommendation that it be confirmed sub- morial observances of the Honorable Robert and the establishment of the National ject to the nominee’s commitment to C. Byrd, late a Senator from the State of September 11 Memorial & Museum at West Virginia; considered and agreed to. the World Trade Center. respond to requests to appear and tes- By Mr. REID (for himself and Mr. tify before any duly constituted com- S. 3058 MCCONNELL): mittee of the Senate. S. Con. Res. 65. A concurrent resolution At the request of Mr. DORGAN, the (Nominations without an asterisk providing for the use of the catafalque situ- name of the Senator from Rhode Island were reported with the recommenda- ated in the Exhibition Hall of the Capitol (Mr. REED) was added as a cosponsor of tion that they be confirmed.) Visitor Center in connection with memorial S. 3058, a bill to amend the Public f services to be conducted in the United States Health Service Act to reauthorize the Senate Chamber for the Honorable Robert C. special diabetes programs for Type I di- INTRODUCTION OF BILLS AND Byrd, late a Senator from the State of West abetes and Indians under that Act. JOINT RESOLUTIONS Virginia; considered and agreed to. S. 3227 The following bills and joint resolu- f At the request of Mr. HATCH, the tions were introduced, read the first ADDITIONAL COSPONSORS name of the Senator from California and second times by unanimous con- (Mrs. BOXER) was added as a cosponsor S. 311 sent, and referred as indicated: of S. 3227, a bill to authorize the Archi- At the request of Mrs. BOXER, the By Mrs. HAGAN (for herself and Mr. vist of the United States to make FRANKEN): name of the Senator from Illinois (Mr. S. 3543. A bill to amend title XVIII of the BURRIS) was added as a cosponsor of S. grants to States for the preservation Social Security Act to expand access to 311, a bill to prohibit the application of and dissemination of historical records. medication therapy management services certain restrictive eligibility require- S. 3246 under the Medicare prescription drug pro- ments to foreign nongovernmental or- At the request of Mr. WYDEN, the gram; to the Committee on Finance. ganizations with respect to the provi- name of the Senator from South Da- By Ms. MIKULSKI: sion of assistance under part I of the kota (Mr. JOHNSON) was added as a co- S. 3544. A bill to amend the Immigration and Nationality Act to modify the require- Foreign Assistance Act of 1961. sponsor of S. 3246, a bill to exclude ments of the visa waiver program and for S. 941 from consideration as income under other purposes; to the Committee on the Ju- At the request of Mr. CRAPO, the the Native American Housing Assist- diciary. name of the Senator from New Hamp- ance and Self-Determination Act of By Ms. LANDRIEU: shire (Mr. GREGG) was added as a co- 1996 amounts received by a family from S. 3545. A bill to require a study of the ef- the Department of Veterans Affairs for fect of a 6-month moratorium on new deep- sponsor of S. 941, a bill to reform the Bureau of Alcohol, Tobacco, Firearms, service-related disabilities of a member water drilling in the Gulf of Mexico on small businesses; to the Committee on Small Busi- and Explosives, modernize firearm laws of the family. ness and Entrepreneurship. and regulations, protect the commu- S. 3255 By Mr. SCHUMER: nity from criminals, and for other pur- At the request of Mrs. LINCOLN, the S. 3546. A bill to create a penalty for auto- poses. name of the Senator from Massachu- mobile insurance fraud, and for other pur- setts (Mr. KERRY) was added as a co- S. 1450 poses; to the Committee on the Judiciary. By Mr. NELSON of Florida: At the request of Mr. ENSIGN, the sponsor of S. 3255, a bill to amend title S. 3547. A bill to prohibit price gouging re- name of the Senator from Maine (Ms. XVIII of the Social Security Act to lating to gasoline and diesel fuels in areas af- COLLINS) was added as a cosponsor of S. provide coverage for custom fabricated fected by major disasters, and for other pur- 1450, a bill to enable State homes to breast prostheses following a mastec- poses; to the Committee on Commerce, furnish nursing home care to parents tomy. Science, and Transportation. S. 3329 any of whose children died while serv- By Mr. CASEY (for himself, Mr. BROWN of Ohio, Mr. KERRY, Mr. LEVIN, Mr. ing in the Armed Forces. At the request of Mr. LAUTENBERG, WHITEHOUSE, Ms. STABENOW, Mr. S. 1674 the name of the Senator from Colorado LEAHY, Mr. DODD, Mr. FRANKEN, Mr. At the request of Mr. WYDEN, the (Mr. BENNET) was added as a cosponsor BURRIS, and Mr. AKAKA): name of the Senator from Minnesota of S. 3329, a bill to provide triple cred- S. 3548. A bill to provide for the extension (Ms. KLOBUCHAR) was added as a co- its for renewable energy on of premium assistance for COBRA benefits; brownfields, and for other purposes. to the Committee on Finance. sponsor of S. 1674, a bill to provide for an exclusion under the Supplemental S. 3434 By Mr. TESTER (for himself, Mr. BEN- NETT, Mr. BAYH, and Mr. VITTER): Security Income program and the Med- At the request of Mr. BINGAMAN, the S. 3549. A bill to amend the effective date icaid program for compensation pro- name of the Senator from Maryland of the gift card provisions of the Credit Card vided to individuals who participate in (Mr. CARDIN) was added as a cosponsor Accountability Responsibility and Disclo- clinical trials for rare diseases or con- of S. 3434, a bill to provide for the es- sure Act of 2009; to the Committee on Bank- ditions. tablishment of a Home Star Retrofit ing, Housing, and Urban Affairs. S. 2816 Rebate Program, and for other pur- By Mr. MERKLEY (for himself, Mr. CRAPO, Mr. BAUCUS, Mr. TESTER, and At the request of Mr. BUNNING, the poses. Mr. WYDEN): name of the Senator from Texas (Mrs. S. 3477 S. 3550. A bill to amend the Federal Water HUTCHISON) was added as a cosponsor of At the request of Mr. WEBB, the name Pollution Control Act to establish within the S. 2816, a bill to repeal the sunset of of the Senator from Nebraska (Mr. Environmental Protection Agency a Colum- the Economic Growth and Tax Relief JOHANNS) was added as a cosponsor of mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE bia Basin Restoration Program; to the Com- mittee on Environment and Public Works. Reconciliation Act of 2001 with respect S. 3477, a bill to ensure that the right to the expansion of the adoption credit of an individual to display the Service f and adoption assistance programs and Flag on residential property not be SUBMISSION OF CONCURRENT AND to allow the adoption credit to be abridged. SENATE RESOLUTIONS claimed in the year expenses are in- S. 3479 The following concurrent resolutions curred, regardless of when the adoption At the request of Mrs. HAGAN, the and Senate resolutions were read, and becomes final. names of the Senator from California referred (or acted upon), as indicated: S. 3034 (Mrs. FEINSTEIN) and the Senator from By Mr. FEINGOLD (for himself, Ms. At the request of Mr. SCHUMER, the Ohio (Mr. BROWN) were added as co- KLOBUCHAR, and Mr. FRANKEN): names of the Senator from Louisiana sponsors of S. 3479, a bill to authorize VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5539 the Secretary of Health and Human Project, they have seen a decrease in Mr. FRANKEN. Mr. President, I am Services, acting through the Director medical costs of between $1,622 to $3,356 proud today to be joining Senator of the Centers for Disease Control and per patient per year; a decrease in in- HAGAN in introducing the MTM Ex- Prevention, to establish and implement surance claims of $2,704 per patient in panded Benefits Act. a birth defects prevention, risk reduc- year 1 and a $6,502 decrease in year 5; a We all know that prescription drugs tion, and public awareness program. 50 percent decrease in use of sick days; are an essential part of health care. S. 3541 and increased productivity gains esti- What a lot of people don’t know is that At the request of Mrs. FEINSTEIN, the mated at $18,000 annually. only about 50 percent of Americans name of the Senator from Florida (Mr. In 2007, the North Carolina Health typically take their medicines as pre- NELSON) was added as a cosponsor of S. and Wellness Trust Fund Commission scribed. This means that too often, the 3541, a bill to prohibit royalty incen- launched an innovative statewide pro- benefits of these important therapies tives for deepwater drilling, and for gram, Checkmeds NC, to provide MTM aren’t fully realized. According to a re- other purposes. services to North Carolina seniors. cent article in the New England Jour- S. RES. 554 During the program’s first year, more nal of Medicine, over $100 billion is than 15,000 North Carolina seniors and spent annually on avoidable hos- At the request of Mr. ENZI, the name 285 pharmacists participated. The sen- pitalizations because patients don’t of the Senator from Utah (Mr. HATCH) iors bring all of their prescriptions, take their medications correctly. was added as a cosponsor of S. Res. 554, The MTM Expanded Benefits Act over-the-counter medicines, vitamins a resolution designating July 24, 2010, would help improve the care for seniors and supplements to the pharmacy to be as ‘‘National Day of the American Cow- by increasing access to the medication thoroughly reviewed in a one-on-one boy’’. therapy management benefit—also session. The pharmacist follows up and f educates the patient about his or her known as MTM—in the Medicare Part STATEMENTS ON INTRODUCED medication regimen. The program D prescription drug program. BILLS AND JOINT RESOLUTIONS saved an estimated $10 million, and Medication therapy management is a countless health problems were avoid- proven set of services that helps pa- By Mrs. HAGAN (for herself and ed. tients get the best possible results Mr. FRANKEN): During consideration of health care from their medications. MTM services S. 3543. A bill to amend title XVIII of reform, I was pleased to have success- are provided by pharmacists who work the Social Security Act to expand ac- fully secured language in the bill that with patients and their health care cess to medication therapy manage- built off these North Carolina models providers to make sure that seniors are ment services under the Medicare pre- and implemented MTM nationally for taking medications as they should be. scription drug program; to the Com- seniors suffering from two or more Through MTM, patients get focused mittee on Finance. chronic conditions. education to make sure they under- Mrs. HAGAN. Mr. President, today, I The bill I am introducing today takes stand their medications—what condi- am proud to introduce the Medication MTM one step further. Specifically, tions the drugs treat and how to avoid Therapy Management, MTM, Expanded this bill would expand MTM eligibility drug interactions that can make medi- Benefits Act of 2010, with my colleague to seniors with any chronic condition cations less effective or even dan- from Minnesota, Senator FRANKEN. that accounts for high spending in our gerous. A recent analysis conducted by the health care system, such as heart fail- It is not uncommon for a Minnesota New England Healthcare Institute esti- ure and diabetes. Currently, only 12.9 senior who has diabetes to be taking 10 mates that the overall cost of medica- percent of Part D beneficiaries are eli- or more medications that are pre- tion nonadherence is as much as $290 gible under the MTM criteria for mul- scribed by multiple providers. But billion per year. According to a recent tiple chronic conditions. However, of right now under Medicare, you would article published in the New England those, more than 85 percent have cho- have to have at least four chronic con- Journal of Medicine, over $100 billion is sen to participate in the benefit. Clear- ditions before you would become eligi- spent annually on avoidable hos- ly this program is very popular and ble for MTM. That just doesn’t make pitalizations because patients do not widely utilized by those who are al- sense to me. take their medications correctly. ready eligible. By expanding eligibility Under the MTM Expanded Benefits Not only does nonadherence cost our to more seniors, MTM will certainly re- Act, seniors with any chronic condition system billions of dollars, nonadher- sult in Medicare savings. could benefit from MTM. The bill ence to medication regimens also af- The bill also ensures access to MTM would increase the number of people el- fects the quality of life for seniors and for seniors at a pharmacy or with a igible for MTM, helping more seniors may lead to early death. The elderly qualified health care provider of their to access the life saving and money- typically take many more prescription choice. saving services. medicines than the general population To ensure pharmacists and health Congress recognized the value of and therefore are at greater risk for care providers are able to provide MTM MTM when it required Medicare Part D problems associated with improper use to seniors, this bill ensures they are drug plans to offer the service as part of medications. For example, the same appropriately reimbursed for their of the Medicare Modernization Act of New England Journal of Medicine arti- time and service. This provision will 2003. Furthermore, State Medicaid Pro- cle I just reference found that better permit pharmacies and other health grams, including ours in Minnesota, adherence to antihypertensive treat- care providers to spend considerable use MTM to maximize the value of ment alone could prevent 89,000 pre- time and resources evaluating a per- their pharmacy benefits. As we reform mature deaths in the U.S. annually. son’s drug routine and educating them our health care system and provide in- With as much as one half of all pa- on proper usage—all critical compo- surance coverage to more Americans, tients in the U.S. not following their nents of a successful MTM program. it makes sense to ensure that MTM be- doctors’ orders regarding their medica- Finally, this bill would establish comes more widely adopted throughout tions, medication therapy management standards for data collection to evalu- our health care system. could help reduce some of the wasted ate and improve the Part D MTM ben- And MTM isn’t just good for patient mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE health care costs in our system. efit. health, it also saves money. A Univer- North Carolina has implemented The value of MTM is widely known sity of Minnesota study showed that some very successful MTM programs. and discussed. I am proud that North when patients were able to consult The Asheville Project, which focuses Carolina is a leader in this arena. Ex- with a pharmacist to determine their on diabetes, asthma, and cardio- pansion of MTM to more seniors will optimal medication regimen, total vascular disease, has seen improved no doubt improve their overall health, health expenditures decreased from health outcomes and significant sav- while at the same time reducing waste $11,965 to $8,197 per patient. The reduc- ings among city employees since it in our health care system. tion in total health expenditures ex- began in 1997. For example, in the I urge my colleagues to support this ceeded the cost of providing MTM serv- Asheville Project’s diabetes MTM bill. ices by more than 12 to 1. That is huge. VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5540 CONGRESSIONAL RECORD — SENATE June 29, 2010 The elderly typically take many of our commercial and recreational monitoring and reduce and clean up more prescription medicines than the fishing industries and an important contamination. general population and therefore are at source of fish for many of our Indian But more needs to be done. greater risk for problems associated tribes. While EPA has designated the Co- with improper use of medications. Im- The Columbia River Basin is the lumbia River Basin as one of the na- proving the Medicare MTM benefit will backbone of our energy system, with a tion’s Great Water Bodies and has an help our Nation’s seniors get the most network of dams that provide the ma- active program in the basin, it is the out of their medications while also jority of the region’s electricity, more only one of these Great Water Bodies helping to reduce costs through appro- electricity than any other river in the that doesn’t receive designated appro- priate medication use and improved country generates. Indeed, when we priations to support its restoration. outcomes. I urge my colleagues to sup- measure generating capacity, we talk Unlike the Chesapeake Bay and the port the MTM Expanded Benefits Act about 100- and 200-Megawatt capacity Great Lakes, where Congress has au- and help support efforts to improve the wind farms and we talk about 600- and thorized and funded restoration pro- prescription drug benefit for Medicare 800-Megawatt coal plants. Well, the grams, the Columbia River Basin has beneficiaries. Grand Coulee dam in central Wash- no such program. ington state has a capacity of 6,800 It is in that context that I introduce By Mr. MERKLEY (for himself, Megawatts. It was the availability of today, along with Senate colleagues Mr. CRAPO, Mr. BAUCUS, Mr. low-cost power that brought the indus- from the Northwest, the Columbia TESTER, and Mr. WYDEN): trial era to the Northwest and brought River Basin Restoration Act of 2010. S. 3550: A bill to amend the Federal a host of benefits to our rural resi- The bill establishes a clear stake- Water Pollution Control Act to estab- dents, from rural electrification to irri- holder-driven process to oversee imple- lish within the Environmental Protec- gation for agriculture, as memorialized mentation of toxic contamination re- tion Agency a Columbia Basin Restora- in the 1940s by Woody Guthrie. About duction plans. It directs EPA to pro- tion Program; to the Committee on En- four million acres of income-producing vide technical support to a Working vironment and Public Works. farm and ranch land across the Pacific Mr. MERKLEY. Mr. President, I rise Group of stakeholders representing im- Northwest are irrigated by the Colum- portant constituencies and rep- to speak to legislation I am intro- bia River, contributing $10 billion to ducing today, with my colleagues, Sen- resenting every geographic area in the our economy every year. Basin, and it allows those stakeholders ator CRAPO of Idaho, Senators BAUCUS Unfortunately, the Columbia River and TESTER of Montana, and Senator to prioritize projects to implement Basin is also a river basin that faces se- toxic contamination reduction and to WYDEN, from my home state of Oregon, rious challenges. Our rivers are se- to protect and restore the Columbia propose those projects to the EPA for verely polluted. When EPA completed funding. River Basin. its Columbia River Basin Fish Con- The Columbia River Basin is the We have also included an important taminant Survey, the agency looked great river system that defines the Pa- component related to the Flathead for 131 chemicals in fish tissues that cific Northwest. It runs 1,243 miles River Basin in this bill. As my col- could be taken up by humans because from Columbia Lake in British Colum- league the senior Senator from Mon- of contamination entering the food bia to its mouth at Astoria, OR, the tana can tell you, the Flathead is an chain. The study detected 70 percent of first permanent European settlement amazing pristine gem of a water body the chemicals EPA was looking for. All west of the Rocky Mountains. Its basin on the far eastern edge of our basin. It 11 species of fish they tested had some drains 258,000 acres in seven states, in- forms the western and southern bound- level of contamination in their tissue. cluding many of great geological prov- The contamination in these fish aries of the world’s first international inces of the West: the Yellowstone Pla- poses a health problem for people peace park, Glacier-Waterton, and it teau; the Rocky Mountains; the vol- throughout our region, but it is the In- contains Flathead Lake, the largest canic Snake River Plain; Hells Canyon, dian tribes, our neighbors who have freshwater lake in the West. Senator America’s deepest canyon; the basalt made this basin their home for thou- BAUCUS has made protecting the Flat- plains and high desert of eastern Or- sands of years—including the Warm head Basin a major focus and has dis- egon and Washington; the majestic Co- Springs, the Nez Perce, the Umatilla, cussed it many times in our work to- lumbia River Gorge; the volcanic and the Yakama—who are among the gether on the Environment and Public slopes of the Cascade Mountains; and most affected. A survey conducted by Works Committee, and we have been the temperate rain forests of the Coast the Columbia River Intertribal Fish working together for several months Range. Commission found that tribal members now to make sure we could protect the The Columbia River’s tributaries are consume between 6 and 10 times as Flathead River Basin in this bill. I am the major rivers of the Northwest. The much fish as the national average. glad we were able to include his provi- Snake River, its longest tributary, High consumption rates exist among sion to do so. runs more than 1,000 miles from near all tribal members consuming fish as I would particularly like to thank the continental divide in Wyoming’s well as among specific high-risk my colleague Senator CRAPO from our Yellowstone Park to its mouth with groups, including breastfeeding women. neighboring State to the east. Senator the Columbia in eastern Washington. In addition, the salmon and CRAPO and I have been able to work to- The Clark Fork is Montana’s largest steelhead, upon which the tribes and gether in a true collaborative partner- river by volume, draining much of the fishing communities of the North- ship to propose what we believe will be western Montana and turning into the west have so long depended, are in seri- an effective, stakeholder-driven pro- Pend Oreille River in Idaho before it ous decline. gram to help our constituents reduce flows into the Columbia just across the The good news is that stakeholders toxic contamination in waterways that border in Canada. across the region are working to clean matter so much to them, and to do so It is also the lifeblood of our econ- up and restore the river. Since the in ways that our constituents design omy and has been the foundation of a Lower Columbia River estuary was and prioritize. This bill reflects the in- trade-based economy stretching back added to the National Estuary Pro- terests and concerns of people from mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE thousands of years, even before Euro- gram, a robust partnership involving 28 every State in the Northwest, and we pean settlement. Today it is the cor- cities, 9 counties, and the states of Or- will continue to hear and address their nerstone of the region’s shipping net- egon and Washington has come to- interests and concerns as the legisla- work, with ports dotting the river as gether to coordinate habitat restora- tive process continues. far upstream as Lewiston, Idaho, the tion and toxic contamination reduction I am proud to stand with my col- farthest inland seaport in the west. It in that part of the basin. The EPA has leagues from the Northwest today as was once the world’s largest wild salm- coordinated stakeholders throughout we introduce this bill. on run, with as many as 30 million the basin, including the states of Idaho Mr. President, I ask unanimous con- salmon returning to spawn in our riv- and Montana and tribal governments, sent that the text of the bill be printed ers, and is still a foundation for much working to improve toxic pollution in the RECORD. VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5541 There being no objection, the text of Survey detected the presence of 92 priority cance with the potential to degrade land or the bill was ordered to be printed in pollutants, including PCBs and DDE (a water resources; and the RECORD, as follows: breakdown of DDT), in fish that are con- (iv) to share information proactively. S. 3550 sumed by members of Indian tribes in the SEC. 3. COLUMBIA RIVER BASIN RESTORATION. Columbia River Basin, as well as by other in- Title I of the Federal Water Pollution Con- Be it enacted by the Senate and House of Rep- trol Act (33 U.S.C. 1251 et seq.) is amended by dividuals consuming fish throughout the Co- resentatives of the United States of America in adding at the end the following: lumbia River Basin, and a fish consumption Congress assembled, ‘‘SEC. 123. COLUMBIA RIVER BASIN RESTORA- survey by the Columbia River Intertribal SECTION 1. SHORT TITLE. TION. Fish Commission showed that tribal mem- This Act may be cited as the ‘‘Columbia ‘‘(a) DEFINITIONS.— bers were eating 6 to 11 times more fish than River Basin Restoration Act of 2010’’. ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- the estimated national average of the Envi- SEC. 2. FINDINGS. trator’ means the Administrator of the Envi- ronmental Protection Agency; Congress finds that— ronmental Protection Agency. (14) toxic contamination in the Middle and (1) the Columbia River is the largest river ‘‘(2) COLUMBIA RIVER BASIN.—The term ‘Co- Upper Columbia River Basins have a direct in the Pacific Northwest by volume; lumbia River Basin’ means the entire United (2) the river is 1,253 miles long, with a impact on water quality in the Lower Co- lumbia River Estuary, and reducing toxic States portion of the Columbia River water- drainage basin that includes 259,000 square shed. miles, extending to 7 States and British Co- contamination in the Middle and Upper Co- lumbia River Basin can have significant ben- ‘‘(3) COLUMBIA RIVER BASIN PROVINCES.—The lumbia, Canada, and including all or part term ‘Columbia River Basin Provinces’ of— efits for human health and for fish and wild- means the United States portion of each of (A) multiple national parks; life throughout the entire Basin; and the Columbia River Basin Provinces identi- (B) components of the National Wilderness (15) with regard to the Flathead River fied in the Fish and Wildlife Plan of the Preservation System; Basin, in the easternmost portion of the Co- Northwest Power and Conservation Council. (C) National Monuments; lumbia River Basin— ‘‘(4) COLUMBIA RIVER BASIN TOXICS REDUC- (D) National Scenic Areas; (A) the Flathead River Basin— TION ACTION PLAN.— (E) National Recreation Areas; and (i) has high water quality and aquatic bio- ‘‘(A) IN GENERAL.—The term ‘Columbia (F) other areas managed for conservation. diversity; River Basin Toxics Reduction Action Plan’ (3) the Columbia River Basin and associ- (ii) supports endangered species and spe- means the plan developed by the Environ- ated tributaries (referred to in this Act as cies of special concern listed under United mental Protection Agency and the Columbia the ‘‘Basin’’) provide significant ecological States and Canadian law; River Toxics Reduction Working Group in and economic benefits to the Pacific North- (iii) contains Flathead Lake, the largest 2010. west and the entire United States; freshwater lake in the western United ‘‘(B) INCLUSIONS.—The term ‘Columbia (4) traditionally, the Basin includes more States; River Basin Toxics Reduction Action Plan’ in- than 6,000,000 acres of irrigated agricultural (iv) is an important wildlife corridor that cludes any amendments to the plan. land and produces more hydroelectric power is home to the highest density of large and ‘‘(5) ESTUARY PARTNERSHIP.—The term ‘Es- than any other North American river; mid-sized carnivores and the highest diver- tuary Partnership’ means the Lower Colum- (5) the Basin— sity of vascular plant species in the United bia River Estuary Partnership, an entity cre- (A) historically constituted the largest States; and ated by the States of Oregon and Washington salmon-producing river system in the world, (v) supports traditional uses such as hunt- and the Environmental Protection Agency with annual returns peaking at as many as ing, fishing, recreation, guiding and outfit- under section 320. 30,000,000 fish; and ting, and logging; ‘‘(6) ESTUARY PLAN.— (B) as of the date of enactment of this (B) the Flathead River originates in Brit- ‘‘(A) IN GENERAL.—The term ‘Estuary Plan’ Act— ish Columbia and drains into the State of means the Estuary Partnership Comprehen- (i) supports economically important com- Montana; sive Conservation and Management Plan mercial and recreational fisheries; and (C) such transboundary waters are pro- adopted by the Environmental Protection (ii) is home to 13 species of salmonids and tected from pollution under the Treaty Re- Agency and the Governors of Oregon and steelhead that area listed as threatened spe- lating to the Boundary Waters and Questions Washington on October 20, 1999, under sec- cies or endangered species under the Endan- Arising Along the Boundary Between the tion 320. gered Species Act of 1973 (16 U.S.C. 1531 et United States and Canada, signed at Wash- ‘‘(B) INCLUSIONS.—The term ‘Estuary Plan’ seq.); ington on January 11, 1909 (36 Stat. 2448; TS includes any amendments to the plan. (6) the Lower Columbia River Estuary 548) (commonly known as the ‘‘Boundary Wa- ‘‘(7) LOWER COLUMBIA RIVER ESTUARY.—The stretches 146 miles from the Bonneville Dam ters Treaty of 1909’’); term ‘Lower Columbia River Basin and Estu- to the mouth of the Pacific Ocean, and much (D) in 1988, the International Joint Com- ary’ means the mainstem Columbia River of that area is contaminated with toxic mission determined that the impacts of min- from the Bonneville Dam to the Pacific chemicals; ing proposals on the environmental values of Ocean and tidally influenced portions of trib- (7) the Middle and Upper Columbia River the Flathead River Basin, including on water utaries to the Columbia River in that region. Basin includes 1,050 miles of the mainstem quality, sport fish populations, and habitat, ‘‘(8) MIDDLE AND UPPER COLUMBIA RIVER Columbia River upstream of the Bonneville could not be fully mitigated; BASIN.— Dam, including the 1,040 miles of the largest (E) the Flathead River forms the western ‘‘(A) IN GENERAL.—The term ‘Middle and tributary, the Snake River, and all of the and southern boundaries of the world’s first Upper Columbia River Basin’ means the re- tributaries to both rivers; International Peace Park, Waterton–Glacier, gion consisting of the United States portion (8) toxic contamination in the Basin poses which was inscribed as a World Heritage Site of the Columbia River Basin above Bonne- a significant threat to the environment and in 1995 under the auspices of the World Herit- ville Dam. human health; age Convention, adopted by the United Na- ‘‘(B) INCLUSIONS.—The term ‘Middle and (9) the nuclear and toxic contamination at tions Educational, Scientific, and Cultural Upper Columbia River Basin’ includes— the Hanford Nuclear Reservation and the Organization General Conference on Novem- ‘‘(i) the Snake River and associated tribu- toxic contamination at Superfund sites ber 16, 1972; taries; and throughout the Basin present an ongoing (F) at the 33rd session of the World Herit- ‘‘(ii) the Clark Fork and Pend Oreille Riv- risk of contamination throughout the Basin; age Committee in 2009, Decision 33 COM ers and associated tributaries. (10) polychlorinated biphenyls (commonly 7B.22 (Annex 3) 2009, the World Heritage ‘‘(9) NORTH FORK OF THE FLATHEAD RIVER.— known as ‘‘PCBs’’) and polycyclic aromatic Committee urged Canada in 2009 not to per- The term ‘North Fork of the Flathead River’ hydrocarbons that have been found in the mit any mining or energy development in means the region consisting of the North tissues of salmonids and their prey at con- the Upper Flathead River Basin until the rel- Fork of the Flathead River watershed, begin- centrations exceeding levels of concern; evant environmental assessment processes ning in British Columbia, Canada, ending at (11) legacy contaminants, including PCBs have been completed and to provide timely the confluence of the North Fork and the and dichlorodiphenyltrichloroethane, the opportunities for the United States to par- Middle Fork of the Flathead River in the pesticide commonly known as ‘‘DDT’’, were ticipate in environmental assessment proc- State of Montana. mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE banned in 1972, but are still detected in river esses; and ‘‘(10) PROGRAM.—The term ‘Program’ water, sediments, and juvenile Chinook (G) on February 18, 2010, British Columbia means the Columbia River Basin Restoration salmon; and Montana entered into a memorandum of Program established under subsection (b)(1). (12) pesticides and emerging contaminants, understanding— ‘‘(11) TRANSBOUNDARY FLATHEAD RIVER such as pharmaceutical and personal care (i) to remove mining and oil and gas devel- BASIN.—The term ‘transboundary Flathead products, have been detected in river water opment as permissible land uses in the Flat- River Basin’ means the region consisting of and may have effects including hormone dis- head River Basin; the Flathead River watershed, beginning in ruption and impacts on behavior and repro- (ii) to cooperate on fish and wildlife man- British Columbia, Canada, and ending at duction; agement; Flathead Lake, Montana. (13) the Environmental Protection Agen- (iii) to collaborate on environmental as- ‘‘(12) WORKING GROUP.—The term ‘Working cy’s Columbia River Basin Fish Contaminant sessment of projects of cross border signifi- Group’ means— VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5542 CONGRESSIONAL RECORD — SENATE June 29, 2010 ‘‘(A) the Columbia River Basin Toxics Re- ‘‘(iii) identified under subsection (d) and ‘‘(d) TRANSBOUNDARY FLATHEAD RIVER duction Working Group established under located in the Transboundary Flathead River BASIN.— subsection (c); and Basin. ‘‘(1) SHORT TITLE.—This subsection may be ‘‘(B) with respect to the Lower Columbia ‘‘(c) STAKEHOLDER WORKING GROUP.— cited as the ‘Transboundary Flathead River River Estuary, the Estuary Partnership. ‘‘(1) ESTABLISHMENT.—The Administrator Basin Protection Act of 2010’. ‘‘(b) COLUMBIA RIVER BASIN RESTORATION shall establish a Columbia River Basin ‘‘(2) ACTION BY PRESIDENT.—The President PROGRAM.— Toxics Reduction Working Group. shall take steps to preserve and protect the ‘‘(1) ESTABLISHMENT.—The Administrator ‘‘(2) MEMBERSHIP.—The members of the unique, pristine area of the transboundary shall establish within the Environmental Working Group shall include, at a minimum, Flathead River, with a particular focus on Protection Agency a Columbia Basin Res- representatives of— the North Fork of the Flathead River. toration Program. ‘‘(A) each State located in whole or in part ‘‘(3) TRANSBOUNDARY COOPERATION.—In tak- ‘‘(2) DELEGATION OF AUTHORITY; STAFFING.— within the Columbia River Basin; ing such steps, the President may engage in The Administrator shall delegate such au- ‘‘(B) each Indian tribe with legally defined negotiations with the Government of Canada thority and provide such additional staff as rights and authorities in the Columbia River to establish an executive agreement, or are necessary to carry out the Program. Basin that elects to participate on the Work- other appropriate tool, to ensure permanent ‘‘(3) SCOPE OF PROGRAM.— ing Group; protection for the North Fork of the Flat- ‘‘(A) IN GENERAL.—The Program shall con- ‘‘(C) local governments located in the Co- head River watershed and the adjacent area sist of a collaborative stakeholder-based ap- lumbia River Basin; of Glacier-Waterton National Park. ‘‘(D) industries operating in the Columbia ‘‘(4) PARTICIPATION IN COOPERATIVE EF- proach to reducing toxic contamination River Basin that affect or could affect water FORTS.— throughout the Columbia River Basin. quality; ‘‘(A) IN GENERAL.—The President may par- ‘‘(B) RELATIONSHIP TO EXISTING ACTIVI- ‘‘(E) electric, water, and wastewater utili- ticipate in cross-border collaborations with TIES.—The Program shall— ties operating in the Columba River Basin; Canada on environmental assessments of any ‘‘(i) build on the work and collaborative ‘‘(F) private landowners in the Columbia project of cross-border significance that has structure of the existing Columbia River River Basin; the potential to degrade land or water re- Toxics Reduction Working Group rep- ‘‘(G) soil and water conservation districts sources by providing for on-going involve- resenting the Federal Government, State, in the Columbia River Basin; ment of appropriate Federal agencies of the tribal, and local governments, industry, and ‘‘(H) environmental organizations that United States in such assessments. nongovernmental organizations, which was have a presence in the Columbia River Basin; ‘‘(B) COLLABORATION.—In carrying out sub- convened in 2005 to develop a collaborative and toxic contamination reduction approach for paragraph (A), the President shall include in ‘‘(I) the general public in the Columbia collaborations under that subparagraph ap- the Columbia River Basin; River Basin. ‘‘(ii) in the Lower Columbia River Basin propriate Federal agencies, such as— ‘‘(3) GEOGRAPHIC REPRESENTATION.—The ‘‘(i) the Environmental Protection Agency; and Estuary, build on the work and collabo- Working Group shall include representation rative structure of the Estuary Partnership; ‘‘(ii) the Department of Interior; from each of the Columbia River Basin Prov- ‘‘(iii) the United States Fish and Wildlife and inces located in the Columbia River Basin. ‘‘(iii) coordinate with other efforts, includ- Service; ‘‘(4) APPOINTMENT.— ‘‘(iv) the National Park Service; ing activities of other Federal agencies in ‘‘(A) NONTRIBAL MEMBERS.—The Adminis- the Columbia River Basin, to avoid dupli- ‘‘(v) the Forest Service; and trator, with the consent of the Governor of ‘‘(vi) such other agencies as the President cating activities or functions. each State located in whole or in part within ‘‘(C) NO EFFECT ON EXISTING AUTHORITY.— determines to be appropriate. the Columbia River Basin, shall appoint non- ‘‘(5) ASSESSMENTS AND PROJECTS.—The The Program shall not modify any legal or tribal members of the Working Group not regulatory authority or program in effect as President, acting through the Adminis- later than 180 days after the date of enact- trator, may provide grants under subsection of the date of enactment of this section, in- ment of this section. cluding the roles of Federal agencies in the (e) for the following purposes: ‘‘(B) TRIBAL MEMBERS.—The governing ‘‘(A) Developing baseline environmental Columbia River Basin. body of each Indian tribe described in para- ‘‘(4) DUTIES.—The Administrator shall— conditions in the transboundary Flathead graph (2)(B) shall appoint tribal members of River Basin. ‘‘(A) provide the Working Group with data, the Working Group not later than 180 days analysis, reports, or other information; ‘‘(B) Assessing the impact of any proposed after the date of enactment of this section. projects on the natural resources, water ‘‘(B) provide technical assistance to the ‘‘(5) DUTIES.—The Working Group shall— Working Group, and to States, local govern- quality, wildlife, or environmental condi- ‘‘(A) assess trends in water quality and ment entities, and Indian tribes partici- tions in the transboundary Flathead River toxic contamination or toxics reduction, in- pating in the Working Group, to assist those Basin. cluding trends that affect uses of the water agencies and entities in— ‘‘(C) Implementation of transboundary co- of the Columbia River Basin; ‘‘(i) planning or evaluating potential operative efforts identified by the govern- ‘‘(B) collect, characterize, and assess data projects; ments of the United States and Canada on toxics and water quality to identify pos- ‘‘(ii) implementing plans; under subsection (b)(2). sible causes of environmental problems; ‘‘(iii) implementing projects; and ‘‘(D) Projects to protect and preserve the ‘‘(C) develop periodic updates to the Co- ‘‘(iv) monitoring and evaluating the effec- natural resources, water quality, wildlife, lumbia River Basin Toxics Reduction Action tiveness of projects and the implementation and environmental conditions in the Plan and, in the Estuary, the Estuary Plan; of plans and projects; ‘‘(D) submit to the Administrator annually transboundary Flathead River Basin. ‘‘(C) provide information to the Working a prioritized list of projects, including moni- ‘‘(e) GRANTS.— Group on plans already developed by the Ad- toring, assessment, and toxic contamination ‘‘(1) IN GENERAL.—The Administrator may ministrator or by other Federal agencies to reduction projects, that would implement provide grants to State and regional water enable the Working Group to avoid unneces- the Columbia River Basin Toxics Reduction pollution control agencies and entities, other sary or duplicative projects or activities; Action Plan or, in the Lower Columbia River State and local government entities, Indian ‘‘(D) provide coordination with other Fed- Estuary, the Estuary Plan, for consideration tribes, nonprofit private agencies, institu- eral agencies to avoid duplication of activi- for funding pursuant to subsection (e); and tions, organizations, and individuals for use ties or functions; ‘‘(E) monitor the effectiveness of actions in paying costs incurred in carrying out ac- ‘‘(E)(i) complete and periodically update taken pursuant to this section. tivities that would develop or implement the Columbia River Basin Toxics Reduction ‘‘(6) LOWER COLUMBIA RIVER ESTUARY.—In plans or projects updated, developed, or au- Action Plan and the Estuary Plan; and the Lower Columbia River Estuary, the Es- thorized under this section (including for ‘‘(ii) ensure that those plans, when consid- tuary Partnership shall function as the purposes described in subsection (d)(4)). ered together and in light of relevant plans Working Group and execute the duties of the ‘‘(2) FEDERAL SHARE.— developed by other Federal or State agen- Working Group described in this subsection ‘‘(A) IN GENERAL.—Except as provided in cies, form a coherent toxic contamination for such time as the Estuary Partnership is subparagraph (B), the Federal share of the mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE reduction strategy for the entire Columbia the management conference for the Lower cost of any project or activity carried out River Basin; and Columbia River National Estuary Program. using funds from a grant provided to any ‘‘(F) implement, including by providing ‘‘(7) PARTICIPATION BY STATES.—At the dis- person (including a State, interstate, or re- grants pursuant to subsection (e), projects cretion of the Governor of a State, the gional agency, an Indian tribe, or a local and conduct activities, including moni- State— government entity) under this subsection for toring, assessment, and toxic contamination ‘‘(A) may elect not to participate in the a fiscal year— reduction activities, that are— Working Group established under this para- ‘‘(i) shall not exceed 75 percent of the total ‘‘(i) identified by the Working Group; graph; and cost of the project or activity; and ‘‘(ii) included in the Columbia River Basin ‘‘(B) may provide comments to the Admin- ‘‘(ii) shall be made on condition that the Toxics Reduction Action Plan and the Estu- istrator on the prioritized list of projects non-Federal share of that total cost shall be ary Plan; or submitted pursuant to paragraph (5)(D). provided from non-Federal sources. VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5543 ‘‘(B) EXCEPTIONS.—With respect to cost- The Columbia River Basin Restora- businesses and conservationists, that sharing for a grant provided under this sub- tion Act of 2010 also includes the the withdrawal of these Federal lands section— Transboundary Flathead Basin Protec- from leasing is the only path forward. ‘‘(i) an Indian tribe may use Federal funds The transboundary Flathead section for the non-Federal share; and tion Act of 2010. This part of the bill ‘‘(ii) the Administrator may increase the addresses the unique needs of one of of the Columbia River Restoration Act Federal share under such circumstances as the areas that I love about Montana. of 2010 authorizes the next phase of our the Administrator determines to be appro- Everyone who experiences the North efforts to protect the Flathead. Just priate. Fork of the Flathead in northwestern yesterday, the White House issued a ‘‘(3) ALLOCATION.—In making grants using Montana is awed by its pristine waters, statement that during the G20 meeting funds appropriated to carry out this section larger-than-life landscapes, and breath- in Toronto, President Obama and for fiscal years 2012 and 2013, the Adminis- Prime Minister Harper discussed the trator shall use— taking views. With its headwaters in ‘‘(A) not less than 1⁄3 of the funds to make British Columbia, the North Fork of transboundary Flathead, recognizing grants for projects, programs, and studies in the Flathead River forms the western the memorandum of understanding be- the Lower Columbia River Estuary; and boundary of Glacier National Park—it tween British Columbia and Montana ‘‘(B) not less than 1⁄3 of the funds to make is one of the last untouched places on and exploring ways that the two gov- grants for projects, programs, and studies in our continent. ernments can cooperate to ensure sus- the Middle and Upper Columbia River Basin. For decades, the North Fork has been tained protection of the North Fork. ‘‘(4) REPORTING.—Not later than 18 months threatened by oil and gas and mining Senator TESTER and I asked the Presi- after the date of receipt of a grant under this subsection, and biennially thereafter for the proposals in British Columbia. For the dent to discuss this issue with the duration of the grant, a person (including a last 35 years, I have battled these pro- Prime Minister on June 9th, and we are State, interstate, or regional agency, an In- posals, one by one. After 35 years of very pleased that the two made this a dian tribe, or a local government entity) work, we are beginning a new chapter priority in light of the agenda at the that receives a grant under this subsection of international cooperation in our ef- G20. This commitment from the high- shall submit to the Administrator a report forts to protect the North Fork. est levels of government sets the stage that describes the progress being made in In February of this year, British Co- for four-party talks between the United achieving the purposes of this section using lumbia and Montana announced their States, Canada, British Columbia, and funds from the grant. ‘‘(f) ANNUAL BUDGET PLAN.—The President, intent to prevent mining, oil and gas, Montana to establish permanent pro- as part of the annual budget submission of and coalbed methane development in tections. the President to Congress under section the North Fork on the lands they con- The Columbia River Basin Restora- 1105(a) of title 31, United States Code, shall trol. This memorandum of under- tion Act of 2010 takes three key steps submit information regarding each Federal standing was a great foundation for ad- to move things forward in the Flat- agency involved in protection and restora- ditional efforts to establish protections head. Before I walk through those, it is tion of the Columbia River Basin, including an interagency crosscut budget that displays that are permanent. Since 90 percent of important to recognize that this is an for each Federal agency— the North Fork watershed is Federally- authorization bill. It authorizes spe- ‘‘(1) the amounts obligated for the pre- owned, Federal action is needed on the cific actions by the Federal Govern- ceding fiscal year for protection and restora- southern side of the U.S.-Canadian bor- ment and authorizes appropriations in tion projects, programs, and studies relating der. support of those actions. It is impor- to the Columbia River Basin; So, on March 4, Senator TESTER and tant to remember that Congress works ‘‘(2) the estimated budget for the current I introduced the North Fork Watershed in a two-step process—first the author- fiscal year for protection and restoration Protection Act, S. 3075, which bans fu- ization, then, once signed into law, ap- projects, programs, and studies relating to ture mining, oil and gas, and coalbed the Columbia River Basin; and propriations follow. ‘‘(3) the proposed budget for protection and methane development on Federal lands The bill authorizes the President to restoration projects, programs, and studies in the watershed. The bill enjoys sup- take steps to preserve and protect the relating to the Columbia River Basin. port from business and conservation in- transboundary Flathead River Basin. It ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— terests alike from all over the State, is clear that the President has author- There is authorized to be appropriated to the including the Kalispell Chamber, ity under the Boundary Waters Treaty Administrator to carry out this section Whitefish Mountain Resort, the Bil- of 1909, the Clean Water Act, and other $33,000,000 for each of fiscal years 2012 through 2017, to remain available until ex- lings Rod and Gun Club, and a long list statutes to take steps to prevent water pended.’’. of others. This breadth of support pollution and protect wildlife in the Mr. BAUCUS. Mr. President, I rise shows the importance of the North transboundary Flathead. This section today with Senator MERKLEY, Senator Fork for Montana’s economy as well as requires that the President act to meet TESTER, Senator CRAPO, and others to our State’s outdoor heritage. these goals and provides explicit au- There are some current leases in the thority for the President to negotiate introduce the Columbia River Basin Restoration Act of 2010. The bill au- area that have been dormant since the with Canada to ensure permanent pro- thorizes much needed funds to imple- late 1980s, when a court decision found tection for the North Fork and Glacier- ment toxics reduction projects that they were improperly issued. Sen- Waterton National Park. throughout the basin, and it authorizes ator TESTER and I have been engaged in The bill authorizes the President, next steps in our longstanding effort to active discussions with the current acting through appropriate agencies, to protect and preserve the transboundary owners to retire these old leases. On participate in cross-border collabora- Flathead Basin. The Columbia River April 28, I was proud to announce that tions and environmental assessments Basin is one of the great water basins ConocoPhillips, the primary lease- with Canada. Federal agency participa- along our border with Canada that holder in the North Fork watershed, tion in such assessments is anticipated binds our two nations together. The elected to voluntarily relinquish its in- in the MOU between British Columbia river spans about 1,200 miles and trav- terest in 108 Federal oil and gas leases and Montana, and our bill provides the els through 14 dams from Columbia covering approximately 169,000 acres, authority for this to occur. Finally, Lake, British Columbia all the way to representing 71 percent of the leased the bill authorizes grants for baseline the Pacific Ocean. Several of the major area in the North Fork watershed. On environmental studies, analysis of en- subasins of the Columbia are located in June 2, we announced that Chevron de- vironmental impacts of any proposed mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE Montana, including the Kootenai, the cided to voluntarily relinquish its in- projects, implementation of Flathead, the Clark Fork, the Black- terest in 11,000 acres of leases in the transboundary cooperative efforts, and foot, and the Bitterroot. Toxics con- Flathead watershed. To date, we have other projects to protect and preserve tamination is a problem in several of managed to retire the primary interest the transboundary Flathead River these subasins, and I am very pleased in 180,000 acres in the North Fork wa- Basin. to be a cosponsor of the Columbia tershed, free of charge to the American Funds for these and other purposes in River Basin Restoration Act of 2010, taxpayer. the Columbia River Restoration Act of which will authorize much needed re- These actions are further evidence of 2010 would be provided through the ap- sources to address toxics contamina- the consensus that exists between the propriations process, once this bill is tion. United States and Canada and among signed into law. VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5544 CONGRESSIONAL RECORD — SENATE June 29, 2010 Mr. President, I want to reflect for a Whereas the United Nations reports that who threaten, both directly and indirectly, moment on how far we have come in almost 1,000,000 displaced Somalis in need of the stability of Somalia, as well as individ- Montana in efforts to protect the aid cannot be reached by United Nations ref- uals involved in piracy off Somalia’s coast; ugee and food agencies because of growing Whereas, in March 2009, at a hearing of the North Fork. In 1975, during my very insecurity and the threat of kidnappings to Committee on Homeland Security and Gov- first term in the House of Representa- staff; ernment Affairs of the Senate, Andrew tives, I introduced a bill to designate Whereas local humanitarian organizations Liepman, Deputy Director of Intelligence at the Flathead River as a Wild and Sce- are trying to meet the needs of the Somali the National Counterterrorism Center, noted nic River. It was designated a Wild and people by restoring basic social services in that ‘‘[s]ince 2006, a number of U.S. citizens Scenic River in 1976. urban and rural communities, which places [have] traveled to Somalia, possibly to train For me, that began a lifelong effort them on the front lines of the conflict and in extremist training camps’’; make them vulnerable targets for killings, Whereas, in September 2009, at a hearing of to protect the North Fork. At that kidnappings, or being accused of working for the Committee on Homeland Security and time I said: foreign governments; Government Affairs of the Senate, the Direc- A hundred years from now, and perhaps Whereas al Shabaab, which has been des- tor of the National Counterterrorism Center much sooner, those who follow us will survey ignated as a foreign terrorist organization by Michael Leiter testified that ‘‘the potential what we have left behind. the Department of State, and other armed for al-Qaeda operatives in Somalia to com- The retirement of current oil and gas groups continue to wage war against the mission Americans to return to the United leases in the Flathead, the Energy Transitional Federal Government in States and launch attacks against the Home- Mogadishu and one another to gain control land remains of significant concern’’; and Committee’s very positive hearing on over territory in Somalia; Whereas the extraordinary and ongoing April 28 on S. 3075, the North Fork Wa- Whereas al Shabaab has claimed responsi- crisis in Somalia has enormous humani- tershed Protection Act 2010, President bility for many bombings—including suicide tarian consequences and direct national se- Obama’s action yesterday with Prime attacks—in Mogadishu, as well as in central curity implications for the United States Minister Harper, our introducing of and northern Somalia, typically targeting and our allies in the region: Now therefore be this bipartisan legislation today and officials of the Government of Somalia and it its eventual passage are all steps in a perceived allies of the TFG; Resolved, That the Senate— Whereas, according to Human Rights (1) acknowledges the urgency of addressing decades-long process to protect this the threats to United States national secu- Watch, al Shabaab is subjecting inhabitants gem of the continent. of areas under its control in southern Soma- rity in Somalia and the conditions that fos- I know that if we continue to cooper- lia to executions, cruel punishments, includ- ter those threats; ate with Canada, that if we can all ing amputations and floggings, and repres- (2) reaffirms its commitment to stand with keep our eye on the ball of long-term sive social control; all the people of Somalia who aspire to a fu- protection for the North Fork, that Whereas the human rights situation in So- ture free of terrorism and violence through every Montanan, every American, and malia has dramatically worsened over the advancing political reconciliation and build- past several years with increased numbers of ing legitimate and inclusive governance in- every Canadian who follows us will killings, torture, kidnappings, and rape; stitutions; have the opportunity to share our feel- Whereas the 2009 Department of State (3) recognizes the difficult, but very impor- ing of awestruck wonder that such a Country Terrorism Report notes that ‘‘So- tant, work being done by the African Union place still exists, almost untouched by malia’s fragile transitional Federal govern- Mission in Somalia (AMISOM) to help secure the modern world. ment, protracted state of violent instability, parts of Mogadishu, and reaffirms its support f its long, unguarded coastline, porous bor- for the mission; ders, and proximity to the Arabian Penin- (4) calls on the Transitional Federal Gov- SUBMITTED RESOLUTIONS sula, made the country an attractive loca- ernment in Somalia— tion for international terrorists seeking a (A) to cease immediately any use of child transit or launching point for operations in soldiers; SENATE RESOLUTION 573—URGING Somalia or elsewhere’’; (B) to ensure better accountability and THE DEVELOPMENT OF A COM- Whereas the situation in southern and cen- transparency for all received security assist- PREHENSIVE STRATEGY TO EN- tral Somalia, particularly the activity of al ance; SURE STABILITY IN SOMALIA, Shabaab, poses direct threats to the stability (C) to renew its commitment to political of Puntland and Somaliland regions, as well reconciliation; and AND FOR OTHER PURPOSES (D) to take necessary steps toward becom- as the stability of neighboring states and the Mr. FEINGOLD (for himself, Ms. wider region; ing a more legitimate and inclusive govern- KLOBUCHAR, and Mr. FRANKEN) sub- Whereas al Shabaab leaders have stated ment in the eyes of the people of Somalia; mitted the following resolution; which their intent to provide recruits and support (5) calls on all actors and governments in was referred to the Committee on For- for al Qaeda in the Arabian Peninsula in the region, particularly the Government of Yemen; Eritrea, to play a productive role in helping eign Relations: to bring about peace and stability to Soma- Whereas the Government of Eritrea has S. RES. 573 provided military and financial support for lia, including ceasing to provide any finan- Whereas Somalia has been without a func- armed opposition groups, including al cial or material support to armed opposition tioning central government since 1991, re- Shebaab, in part as a proxy front in its con- groups in Somalia; sulting in lawlessness and an increasingly tinuing tensions with Ethiopia; (6) welcomes efforts by the President to desperate humanitarian situation; Whereas, according to the most recent re- bring greater focus and resources toward un- Whereas, despite the return of the inter- port by the United Nations Somalia Moni- derstanding and monitoring the situation in nationally recognized Transitional Federal toring Group, arms, ammunitions, and mili- Somalia; Government (TFG) to Mogadishu and ongo- tary or dual-use equipment continue to enter (7) urges the President to develop a com- ing diplomatic efforts through the Djibouti Somalia at a fairly steady rate, primarily prehensive strategy to ensure that all United Peace Process, supported by the United Na- from Yemen and Ethiopia; States humanitarian, diplomatic, political, tions, there has been little improvement in Whereas, in July 2009, the Department of and counterterrorism programs in Somalia the governance or stability of southern and State confirmed that, in addition to other and the wider Horn of Africa are coordinated central Somalia, and armed opposition support for the TFG, it had provided cash to and making progress toward the long-term groups continue to exploit this situation; purchase weapons and ammunitions for the goal of establishing stability, respect for Whereas the traditional mediation role TFG’s efforts ‘‘to repel the onslaught of ex- human rights, and functional, inclusive gov- played by Somali elders has been eroded as tremist forces which are intent on destroy- ernance in Somalia; the dynamics of conflict and the prolifera- ing the Djibouti peace process’’; (8) urges the President and Secretary of tion of weapons make it difficult to influ- Whereas, according to most recent report State, as part of a comprehensive strategy— ence warring parties; by the United Nations Somalia Monitoring (A) to provide greater support for a range mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE Whereas, since 2007, armed violence has re- Group, ‘‘[d]espite infusions of foreign train- of diplomatic initiatives to engage clan lead- sulted in the deaths of at least 21,000 people ing and assistance, government security ers, business leaders, and civil society lead- in Somalia and the displacement of nearly forces remain ineffective, disorganized and ers in Somalia and the Somali Diaspora in 2,000,000 people, including over 500,000 refu- corrupt—a composite of independent militias political reconciliation and consensus-build- gees in Kenya, Yemen, Ethiopia, Eritrea, loyal to senior government officials and ing; Djibouti, Tanzania, and Uganda; military officers who profit from the busi- (B) to ensure better oversight, monitoring, Whereas the United Nations estimates that ness of war and resist their integration and transparency of all United States secu- 3,200,000 people, or 43 percent of the popu- under a single command’’; rity assistance provided to the TFG; lation of Somalia, are in need of humani- Whereas, on April 24, 2010, President (C) to increase and strengthen the United tarian assistance and livelihood support to Barack Obama issued an executive order to States diplomatic team working on Somalia, survive; sanction or freeze the assets of militants including the appointment of a senior envoy, VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5545 and to ensure that these officials have the SENATE CONCURRENT RESOLU- 5297, supra; which was ordered to lie on the necessary resources, access, and mandate; TION 65—PROVIDING FOR THE table. (D) to pursue opportunities for periodic, USE OF THE CATAFALQUE SITU- SA 4412. Ms. LANDRIEU submitted an temporary United States Government travel amendment intended to be proposed by her ATED IN THE EXHIBITION HALL to the bill H.R. 5297, supra; which was or- to Somalia, consistent with any security concerns; OF THE CAPITOL VISITOR CEN- dered to lie on the table. (E) to expand and deepen our engagement TER IN CONNECTION WITH ME- SA 4413. Mr. FEINGOLD submitted an with the regions of Somaliland and Puntland MORIAL SERVICES TO BE CON- amendment intended to be proposed by him and other regional administrations in order DUCTED IN THE UNITED STATES to the bill H.R. 5297, supra; which was or- to promote good governance, effective law SENATE CHAMBER FOR THE dered to lie on the table. enforcement, respect for human rights, and HONORABLE ROBERT C. BYRD, SA 4414. Mr. CARDIN submitted an amend- stability in these regions; ment intended to be proposed by him to the LATE A SENATOR FROM THE bill H.R. 5297, supra; which was ordered to lie (F) to explore, in consultation with the STATE OF WEST VIRGINIA on the table. Secretary of the Treasury, increased options for pressuring individuals, governments, and Mr. REID (for himself and Mr. SA 4415. Mr. CARDIN submitted an amend- other actors who undertake economic activi- MCCONNELL) submitted the following ment intended to be proposed by him to the ties that support armed opposition groups concurrent resolution; which was con- bill H.R. 5297, supra; which was ordered to lie and violence in Somalia; and on the table. sidered and agreed to: SA 4416. Mr. VITTER submitted an amend- (G) to develop, in consultation with the Administrator of the United States Agency S. CON. RES. 65 ment intended to be proposed by him to the for International Development, creative and Resolved by the Senate (the House of Rep- bill H.R. 5297, supra; which was ordered to lie flexible mechanisms for delivering basic hu- resentatives concurring), That the Architect of on the table. manitarian assistance to the people of Soma- the Capitol is authorized and directed to SA 4417. Mr. BAUCUS submitted an amend- lia while minimizing the risk of significant transfer the catafalque which is situated in ment intended to be proposed by him to the diversion to armed opposition groups. the Exhibition Hall of the Capitol Visitor bill H.R. 5297, supra; which was ordered to lie Center to the Senate Chamber so that such on the table. catafalque may be used in connection with SA 4418. Mr. WHITEHOUSE (for himself, f Mr. BENNET, Mr. BROWN, of Massachusetts, services to be conducted there for the Honor- able Robert C. Byrd, late a Senator from the Mr. BROWN, of Ohio, Mr. CORKER, Mr. DURBIN, SENATE RESOLUTION 574—REL- State of West Virginia. Mrs. FEINSTEIN, Mr. GRAHAM, Mr. KAUFMAN, ATIVE TO THE MEMORIAL OB- Mr. LEAHY, Mr. LEMIEUX, Mrs. MCCASKILL, f SERVANCES OF THE HONORABLE Mr. MENENDEZ, Mr. NELSON, of Florida, Mr. AMENDMENTS SUBMITTED AND PRYOR, Mr. SCHUMER, Mr. SESSIONS, Mr. ROBERT C. BYRD, LATE A SEN- SPECTER, and Mr. WARNER) submitted an PROPOSED ATOR FROM THE STATE OF amendment intended to be proposed to WEST VIRGINIA SA 4401. Mr. BAUCUS submitted an amend- amendment SA 4402 proposed by Mr. REID ment intended to be proposed by him to the (for Mr. BAUCUS (for himself, Ms. LANDRIEU, Mr. REID (for himself and Mr. bill H.R. 5297, to create the Small Business and Mr. REID)) to the bill H.R. 5297, supra; MCCONNELL) submitted the following Lending Fund Program to direct the Sec- which was ordered to lie on the table. resolution; which was considered and retary of the Treasury to make capital in- SA 4419. Mr. BURRIS submitted an amend- agreed to: vestments in eligible institutions in order to ment intended to be proposed to amendment increase the availability of credit for small SA 4402 proposed by Mr. REID (for Mr. BAU- S. RES. 574 businesses, to amend the Internal Revenue CUS (for himself, Ms. LANDRIEU, and Mr. Code of 1986 to provide tax incentives for REID)) to the bill H.R. 5297, supra; which was Whereas, The Senate has heard with pro- small business job creation, and for other ordered to lie on the table. found sorrow and deep regret the announce- purposes; which was ordered to lie on the SA 4420. Mr. DODD (for himself, Mr. COCH- ment of the death of the Honorable Robert C. table. RAN, and Ms. MIKULSKI) submitted an amend- Byrd, late a Senator from the State of West SA 4402. Mr. REID (for Mr. BAUCUS (for ment intended to be proposed to amendment Virginia: Now, therefore, be it himself, Ms. LANDRIEU, and Mr. REID)) pro- SA 4402 proposed by Mr. REID (for Mr. BAU- Resolved, That the memorial observances of posed an amendment to the bill H.R. 5297, CUS (for himself, Ms. LANDRIEU, and Mr. the Honorable Robert C. Byrd, late a Senator supra. REID)) to the bill H.R. 5297, supra; which was from the State of West Virginia be held in SA 4403. Mr. REID (for himself, Mr. BAU- ordered to lie on the table. the Senate Chamber on Thursday, July 1, CUS, and Ms. LANDRIEU) proposed an amend- SA 4421. Mr. CASEY submitted an amend- 2010, beginning at 10:00 a.m., and that the ment to amendment SA 4402 proposed by Mr. ment intended to be proposed to amendment Senate attend the same. REID (for Mr. BAUCUS (for himself, Ms. SA 4402 proposed by Mr. REID (for Mr. BAU- Resolved, That paragraph 1 of Rule IV of LANDRIEU, and Mr. REID)) to the bill H.R. CUS (for himself, Ms. LANDRIEU, and Mr. the Rules for the Regulation of the Senate 5297, supra. REID)) to the bill H.R. 5297, supra; which was Wing of the United States Capitol (prohib- SA 4404. Mr. REID proposed an amendment ordered to lie on the table. iting the taking of pictures in the Senate to amendment SA 4403 proposed by Mr. REID SA 4422. Mr. TESTER submitted an amend- Chamber) be temporarily suspended for the (for himself, Mr. BAUCUS, and Ms. LANDRIEU) ment intended to be proposed by him to the sole and specific purpose of permitting the to the amendment SA 4402 proposed by Mr. bill H.R. 5297, supra; which was ordered to lie Senate Photographic Studio to photograph REID (for Mr. BAUCUS (for himself, Ms. on the table. this memorial observance. LANDRIEU, and Mr. REID)) to the bill H.R. SA 4423. Mrs. SHAHEEN (for herself and Resolved, That the Sergeant at Arms be di- 5297, supra. Mr. COCHRAN) submitted an amendment in- rected to make necessary and appropriate ar- SA 4405. Mr. REID proposed an amendment tended to be proposed by her to the bill H.R. rangements in connection with the memorial to the bill H.R. 5297, supra. 5297, supra; which was ordered to lie on the observances in the Senate Chamber. SA 4406. Mr. REID proposed an amendment table. to amendment SA 4405 proposed by Mr. REID SA 4424. Mr. WEBB (for himself and Mrs. Resolved, That the Secretary of the Senate to the bill H.R. 5297, supra. BOXER) submitted an amendment intended to communicate these resolutions to the House SA 4407. Mr. REID (for himself, Mr. BAU- be proposed to amendment SA 4402 proposed of Representatives, transmit an enrolled CUS, and Ms. LANDRIEU) proposed an amend- by Mr. REID (for Mr. BAUCUS (for himself, Ms. copy thereof to the family of the deceased, ment to the bill H.R. 5297, supra. LANDRIEU, and Mr. REID)) to the bill H.R. and invite the House of Representatives and SA 4408. Mr. REID proposed an amendment 5297, supra; which was ordered to lie on the the family of the deceased to attend the me- to amendment SA 4407 proposed by Mr. REID table. morial observances in the Senate Chamber. (for himself, Mr. BAUCUS, and Ms. LANDRIEU) SA 4425. Mr. REID proposed an amendment Resolved, That invitations be extended to to the bill H.R. 5297, supra. to the bill H.R. 4213, to amend the Internal the President of the United States, the Vice SA 4409. Mr. REID proposed an amendment mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE Revenue Code of 1986 to extend certain expir- President of the United States, and the to amendment SA 4408 proposed by Mr. REID ing provisions, and for other purposes. members of the Cabinet, the Chief Justice to the amendment SA 4407 proposed by Mr. SA 4426. Mr. REID proposed an amendment and Associate Justices of the Supreme Court REID (for himself, Mr. BAUCUS, and Ms. to amendment SA 4425 proposed by Mr. REID of the United States, the Diplomatic Corps LANDRIEU) to the bill H.R. 5297, supra. to the bill H.R. 4213, supra. (through the Secretary of State), the Chief of SA 4410. Mr. KERRY (for himself and Mr. SA 4427. Mr. REID proposed an amendment Staff of the Army, the Chief of Naval Oper- ENSIGN) submitted an amendment intended to the bill H.R. 4213, supra. ations of the Navy, the Major General Com- to be proposed by him to the bill H.R. 5297, SA 4428. Mr. REID proposed an amendment mandant of the Marine Corps, the Chief of supra; which was ordered to lie on the table. to amendment SA 4427 proposed by Mr. REID Staff of the Air Force, and the Commandant SA 4411. Mr. BINGAMAN (for himself and to the bill H.R. 4213, supra. of the Coast Guard to attend the memorial Mr. KERRY) submitted an amendment in- SA 4429. Mr. REID proposed an amendment observances in the Senate Chamber. tended to be proposed by him to the bill H.R. to amendment SA 4428 proposed by Mr. REID VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5546 CONGRESSIONAL RECORD — SENATE June 29, 2010 to the amendment SA 4427 proposed by Mr. ‘‘(II) as of the date of application for refi- PART II—SMALL BUSINESS ACCESS TO REID to the bill H.R. 4213, supra. nancing— CAPITAL SA 4430. Mrs. BOXER (for herself and Ms. ‘‘(aa) the underlying loan has been current Sec. 1122. Low-interest refinancing under LANDRIEU) submitted an amendment in- for at least 1 year; and the local development business tended to be proposed to amendment SA 4402 ‘‘(bb) the lender is providing better rates loan program. proposed by Mr. REID (for Mr. BAUCUS (for and longer terms than under the original PART III—OTHER MATTERS himself, Ms. LANDRIEU, and Mr. REID)) to the loan. bill H.R. 5297, to create the Small Business ‘‘(ii) SUBORDINATED OWNER DEBT.—Subordi- Sec. 1131. Small business intermediary lend- Lending Fund Program to direct the Sec- nated owner debt shall not be eligible for in- ing pilot program. retary of the Treasury to make capital in- clusion in debt described in clause (i). Sec. 1132. Public policy goals. vestments in eligible institutions in order to ‘‘(D) AUDIT STANDARDS.—Notwithstanding Sec. 1133. Draft floor plan pilot program ex- increase the availability of credit for small any other provision of law, the Secretary— tension. businesses, to amend the Internal Revenue ‘‘(i) shall not require audited financial Sec. 1134. Guarantees for bonds and notes Code of 1986 to provide tax incentives for statements consistent with generally accept- issued for community or eco- small business job creation, and for other ed accounting principles for business and in- nomic development purposes. purposes; which was ordered to lie on the dustry loans of less than $3,000,000; and Sec. 1135. Temporary express loan enhance- table. ‘‘(ii) may waive any requirement for au- ment. dited financial statements consistent with Sec. 1136. Prohibition on using TARP funds f or tax in creases. generally accepted accounting principles for TEXT OF AMENDMENTS business and industry loans of at least Subtitle B—Small Business Trade and $3,000,000. Exporting SA 4401. Mr. BAUCUS submitted an ‘‘(E) CALCULATION OF DELINQUENCY RATES.— Sec. 1201. Short title. amendment intended to be proposed by To allow accurate comparison of delinquency Sec. 1202. Definitions. him to the bill H.R. 5297, to create the rates among Federal agencies, in calculating Sec. 1203. Office of International Trade. Small Business Lending Fund Program the delinquency rate for business and indus- Sec. 1204. Duties of the Office of Inter- to direct the Secretary of the Treasury try loans, the Secretary shall use the cal- national Trade. to make capital investments in eligible culation method used by the Administrator Sec. 1205. Export assistance centers. institutions in order to increase the of the Small Business Administration.’’. Sec. 1206. International trade finance pro- availability of credit for small busi- (c) SENSE OF CONGRESS RELATING TO THE grams. nesses, to amend the Internal Revenue RURAL MICROENTREPRENEUR ASSISTANCE PRO- Sec. 1207. State Trade and Export Pro- GRAM.—It is the sense of Congress that in al- motion Grant Program. Code of 1986 to provide tax incentives locating discretionary funds of the Secretary Sec. 1208. Rural export promotion. for small business job creation, and for of Agriculture, the Secretary of Agriculture Sec. 1209. International trade cooperation by other purposes; which was ordered to should give priority to the rural microentre- small business development lie on the table; as follows: preneur assistance program established centers. On page 115, between lines 6 and 7, insert under section 379E of the Consolidated Farm Subtitle C—Small Business Contracting the following: and Rural Development Act (7 U.S.C. 2008s). PART I—CONTRACT BUNDLING SEC. 702. BUSINESS AND INDUSTRY DIRECT AND Sec. 1311. Small Business Act. GUARANTEED LOANS. SA 4402. Mr. REID (for Mr. BAUCUS) Sec. 1312. Leadership and oversight. (a) TANGIBLE EQUITY REQUIREMENTS.—Sec- proposed an amendment to the bill Sec. 1313. Consolidation of contract require- tion 310B(d) of the Consolidated Farm and H.R. 5297, to create the Small Business ments. Rural Development Act (7 U.S.C. 1932(d)) is Lending Fund Program to direct the Sec. 1314. Small business teams pilot pro- amended by striking paragraph (6) and in- Secretary of the Treasury to make cap- gram. serting the following: ‘‘(6) EQUITY.—In the case of direct or guar- ital investments in eligible institu- PART II—SUBCONTRACTING INTEGRITY anteed loans under this section, the Sec- tions in order to increase the avail- Sec. 1321. Subcontracting misrepresenta- retary shall use commercial lending stand- ability of credit for small businesses, tions. ards in determining any equity require- to amend the Internal Revenue Code of Sec. 1322. Small business subcontracting im- ment.’’. 1986 to provide tax incentives for small provements. (b) GENERAL TERMS.—Section 310B(g) of business job creation, and for other PART III—ACQUISITION PROCESS the Consolidated Farm and Rural Develop- purposes; which was ordered to lie on Sec. 1331. Reservation of prime contract ment Act (7 U.S.C. 1932(g)) is amended by the table; as follows: awards for small businesses. adding at the end the following: Strike all after the enacting clause and in- Sec. 1332. Micro-purchase guidelines. ‘‘(10) GENERAL TERMS.— sert the following: Sec. 1333. Agency accountability. ‘‘(A) MAXIMUM LOAN GUARANTEE AMOUNT.— SECTION 1. SHORT TITLE. Sec. 1334. Payment of subcontractors. ‘‘(i) IN GENERAL.—Notwithstanding any Sec. 1335. Repeal of Small Business Competi- other provision of this Act, during the period This Act may be cited as the ‘‘Small Busi- tiveness Demonstration Pro- beginning on the date of enactment of this ness Jobs Act of 2010’’. gram. paragraph and ending on December 31, 2011, SEC. 2. TABLE OF CONTENTS. the Secretary shall guarantee up to 90 per- PART IV—SMALL BUSINESS SIZE AND STATUS The table of contents for this Act is as fol- INTEGRITY cent of a business and industry loan in an lows: amount of up to $10,000,000 that is a high pri- Sec. 1341. Policy and presumptions. ority project, as determined based on pub- Sec. 1. Short title. Sec. 1342. Annual certification. lished criteria of the Secretary that includes Sec. 2. Table of contents. Sec. 1343. Training for contracting and en- rural economic factors. TITLE I—SMALL BUSINESSES forcement personnel. ‘‘(ii) SUBSEQUENT FISCAL YEARS.—Notwith- Sec. 1001. Definitions. Sec. 1344. Updated size standards. standing any other provision of this Act, be- Sec. 1345. Study and report on the mentor- ginning on January 1, 2012, the Secretary Subtitle A—Small Business Access to Credit protege program. may guarantee up to 80 or 90 percent (as de- Sec. 1101. Short title. Sec. 1346. Contracting goals reports. termined by the Secretary) of a business and PART I—NEXT STEPS FOR MAIN STREET Sec. 1347. Small business contracting parity. industry loan in an amount of up to CREDIT AVAILABILITY Subtitle D—Small Business Management and $10,000,000 that is a high priority project, as Counseling Assistance determined based on criteria described in Sec. 1111. Section 7(a) business loans. Sec. 1112. Maximum loan amounts under 504 Sec. 1401. Matching requirements under clause (i). program. small business programs. ‘‘(B) LINE-OF-CREDIT LOANS.—In guaran- Sec. 1113. Maximum loan limits under Sec. 1402. Grants for SBDCs. teeing business and industry loans, the Sec- mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE retary shall guarantee line-of-credit loans in microloan program. Subtitle E—Disaster Loan Improvement accordance with section 316(c). Sec. 1114. Temporary fee reductions. Sec. 1501. Aquaculture business disaster as- ‘‘(C) REFINANCING.— Sec. 1115. New Markets Venture Capital sistance. ‘‘(i) IN GENERAL.—A business and industry company investment limita- Subtitle F—Small Business Regulatory loan may be used by a small business to refi- tions. Relief nance debt in existence as of the day before Sec. 1116. Alternative size standards. Sec. 1117. Sale of 7(a) loans in secondary Sec. 1601. Requirements providing for more the date on which the loan was made or market. detailed analyses. guaranteed, if— Sec. 1602. Office of advocacy. ‘‘(I) the project for which the debt was in- Sec. 1118. Online lending platform. curred is viable and will create or save jobs, Sec. 1119. SBA Secondary Market Guarantee Subtitle G—Appropriations Provisions as determined by the Secretary; and Authority. Sec. 1701. Salaries and expenses. VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0655 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5547 Sec. 1702. Business loans program account. Sec. 3102. Definitions. (1) in clause (i), by striking ‘‘$1,500,000’’ and Sec. 1703. Community Development Finan- Sec. 3103. Small business lending fund. inserting ‘‘$5,000,000’’; cial Institutions Fund program Sec. 3104. Additional authorities of the Sec- (2) in clause (ii), by striking ‘‘$2,000,000’’ account. retary. and inserting ‘‘$5,000,000’’; TITLE II—TAX PROVISIONS Sec. 3105. Considerations. (3) in clause (iii), by striking ‘‘$4,000,000’’ Sec. 2001. Short title. Sec. 3106. Reports. and inserting ‘‘$5,500,000’’; Sec. 3107. Oversight and audits. (4) in clause (iv), by striking ‘‘$4,000,000’’ Subtitle A—Small Business Relief Sec. 3108. Credit reform; funding. and inserting ‘‘$5,500,000’’; and PART I—PROVIDING ACCESS TO CAPITAL Sec. 3109. Termination and continuation of (5) in clause (v), by striking ‘‘$4,000,000’’ Sec. 2011. Temporary exclusion of 100 per- authorities. and inserting ‘‘$5,500,000’’. cent of gain on certain small Sec. 3110. Preservation of authority. SEC. 1113. MAXIMUM LOAN LIMITS UNDER business stock. Sec. 3111. Assurances. MICROLOAN PROGRAM. Sec. 2012. General business credits of eligible Sec. 3112. Study and report with respect to Section 7(m) of the Small Business Act (15 small businesses for 2010 carried women-owned, veteran-owned, U.S.C. 636(m)) is amended— back 5 years. and minority-owned businesses. (1) in paragraph (1)(B)(iii), by striking Sec. 2013. General business credits of eligible Sec. 3113. Sense of congress. ‘‘$35,000’’ and inserting ‘‘$50,000’’; small businesses in 2010 not (2) in paragraph (3)— Subtitle B—State Small Business Credit subject to alternative minimum (A) in subparagraph (C), by striking Initiative tax. ‘‘$3,500,000’’ and inserting ‘‘$5,000,000’’; and Sec. 2014. Temporary reduction in recogni- Sec. 3201. Short title. Sec. 3202. Definitions. (B) in subparagraph (E), by striking tion period for built-in gains ‘‘$35,000’’ each place that term appears and tax. Sec. 3203. Federal funds allocated to States. Sec. 3204. Approving States for participa- inserting ‘‘$50,000’’; and PART II—ENCOURAGING INVESTMENT (3) in paragraph (11)(B), by striking tion. Sec. 2021. Increased expensing limitations Sec. 3205. Approving State capital access ‘‘$35,000’’ and inserting ‘‘$50,000’’. for 2010 and 2011; certain real programs. SEC. 1114. TEMPORARY FEE REDUCTIONS. property treated as section 179 Sec. 3206. Approving collateral support and Section 501 of the American Recovery and property. other innovative credit access Reinvestment Act of 2009 (Public Law 111–5; Sec. 2022. Additional first-year depreciation 123 Stat. 151) is amended by striking ‘‘Sep- and guarantee initiatives for for 50 percent of the basis of tember 30, 2010’’ each place that term ap- small businesses and manufac- certain qualified property. pears and inserting ‘‘December 31, 2010’’. turers. PART III—PROMOTING ENTREPRENEURSHIP Sec. 3207. Reports. SEC. 1115. NEW MARKETS VENTURE CAPITAL Sec. 2031. Increase in amount allowed as de- COMPANY INVESTMENT LIMITA- Sec. 3208. Remedies for State program ter- TIONS. duction for start-up expendi- mination or failures. tures in 2010. Section 355 of the Small Business Invest- Sec. 3209. Implementation and administra- Sec. 2032. Authorization of appropriations ment Act of 1958 (15 U.S.C. 689d) is amended tion. for the United States Trade by adding at the end the following: Sec. 3210. Regulations. ‘‘(e) INVESTMENT LIMITATIONS.— Representative to develop mar- Sec. 3211. Oversight and audits. ket access opportunities for ‘‘(1) DEFINITION.—In this subsection, the TITLE IV—BUDGETARY PROVISIONS term ‘covered New Markets Venture Capital United States small- and me- dium-sized businesses and to Sec. 4001. Determination of budgetary ef- company’ means a New Markets Venture enforce trade agreements. fects. Capital company— TITLE I—SMALL BUSINESSES ‘‘(A) granted final approval by the Admin- PART IV—PROMOTING SMALL BUSINESS istrator under section 354(e) on or after FAIRNESS SEC. 1001. DEFINITIONS. March 1, 2002; and Sec. 2041. Limitation on penalty for failure In this title— ‘‘(B) that has obtained a financing from to disclose reportable trans- (1) the terms ‘‘Administration’’ and ‘‘Ad- the Administrator. actions based on resulting tax ministrator’’ mean the Small Business Ad- ‘‘(2) LIMITATION.—Except to the extent ap- benefits. ministration and the Administrator thereof, proved by the Administrator, a covered New Sec. 2042. Deduction for health insurance respectively; and Markets Venture Capital company may not costs in computing self-employ- (2) the term ‘‘small business concern’’ has acquire or issue commitments for securities ment taxes in 2010. the meaning given that term under section 3 under this title for any single enterprise in Subtitle B—Revenue Provisions of the Small Business Act (15 U.S.C. 632). an aggregate amount equal to more than 10 PART I—REDUCING THE TAX GAP Subtitle A—Small Business Access to Credit percent of the sum of— Sec. 2101. Information reporting for rental SEC. 1101. SHORT TITLE. ‘‘(A) the regulatory capital of the covered property expense payments. This subtitle may be cited as the ‘‘Small New Markets Venture Capital company; and Sec. 2102. Increase in information return Business Job Creation and Access to Capital ‘‘(B) the total amount of leverage projected penalties. Act of 2010’’. in the participation agreement of the cov- Sec. 2103. Report on tax shelter penalties ered New Markets Venture Capital.’’. and certain other enforcement PART I—NEXT STEPS FOR MAIN STREET SEC. 1116. ALTERNATIVE SIZE STANDARDS. actions. CREDIT AVAILABILITY Section 3(a) of the Small Business Act (15 Sec. 2104. Application of levy to payments to SEC. 1111. SECTION 7(a) BUSINESS LOANS. U.S.C. 632(a)) is amended by adding at the Federal vendors relating to (a) AMENDMENT.—Section 7(a) of the Small end the following: property. Business Act (15 U.S.C. 636(a)) is amended— ‘‘(5) ALTERNATIVE SIZE STANDARD.— Sec. 2105. Application of continuous levy to (1) in paragraph (2)(A)— ‘‘(A) IN GENERAL.—The Administrator shall tax liabilities of certain Fed- (A) in clause (i), by striking ‘‘75 percent’’ establish an alternative size standard for ap- eral contractors. and inserting ‘‘90 percent’’; and plicants for business loans under section 7(a) Sec. 2106. Application of bad checks penalty (B) in clause (ii), by striking ‘‘85 percent’’ and applicants for development company to electronic payments. and inserting ‘‘90 percent’’; and loans under title V of the Small Business In- PART II—PROMOTING RETIREMENT (2) in paragraph (3)(A), by striking vestment Act of 1958 (15 U.S.C. 695 et seq.), PREPARATION ‘‘$1,500,000 (or if the gross loan amount would that uses maximum tangible net worth and Sec. 2111. Participants in government sec- exceed $2,000,000’’ and inserting ‘‘$4,500,000 (or average net income as an alternative to the tion 457 plans allowed to treat if the gross loan amount would exceed use of industry standards. elective deferrals as Roth con- $5,000,000’’. ‘‘(B) INTERIM RULE.—Until the date on tributions. (b) PROSPECTIVE REPEAL.—Effective Janu- which the alternative size standard estab- Sec. 2112. Rollovers from elective deferral ary 1, 2011, section 7(a) of the Small Business lished under subparagraph (A) is in effect, an plans to designated Roth ac- Act (15 U.S.C. 636(a)) is amended— applicant for a business loan under section counts. (1) in paragraph (2)(A)— 7(a) or an applicant for a development com- mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE PART III—CLOSING UNINTENDED LOOPHOLES (A) in clause (i), by striking ‘‘90 percent’’ pany loan under title V of the Small Busi- Sec. 2121. Crude tall oil ineligible for cellu- and inserting ‘‘75 percent’’; and ness Investment Act of 1958 may be eligible losic biofuel producer credit. (B) in clause (ii), by striking ‘‘90 percent’’ for such a loan if— and inserting ‘‘85 percent’’; and ‘‘(i) the maximum tangible net worth of PART IV—TIME FOR PAYMENT OF CORPORATE (2) in paragraph (3)(A), by striking the applicant is not more than $15,000,000; ESTIMATED TAXES ‘‘$4,500,000’’ and inserting ‘‘$3,750,000’’. and Sec. 2131. Time for payment of corporate es- SEC. 1112. MAXIMUM LOAN AMOUNTS UNDER 504 ‘‘(ii) the average net income after Federal timated taxes. PROGRAM. income taxes (excluding any carry-over TITLE III—SMALL BUSINESS LENDING Section 502(2)(A) of the Small Business In- losses) of the applicant for the 2 full fiscal Subtitle A—Small Business Lending Fund vestment Act of 1958 (15 U.S.C. 696(2)(A)) is years before the date of the application is Sec. 3101. Purpose. amended— not more than $5,000,000.’’. VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5548 CONGRESSIONAL RECORD — SENATE June 29, 2010 SEC. 1117. SALE OF 7(a) LOANS IN SECONDARY serving as collateral for the financing is less PART III—OTHER MATTERS MARKET. than the amount equal to 125 percent of the SEC. SMALL BUSINESS INTERMEDIARY 1131. Section 5(g) of the Small Business Act (15 amount of the financing, the borrower may LENDING PILOT PROGRAM. U.S.C. 634(g)) is amended by adding at the provide additional cash or other collateral to (a) IN GENERAL.—Section 7 of the Small end the following: eliminate any deficiency; Business Act (15 U.S.C. 636) is amended by ‘‘(6) If the amount of the guaranteed por- ‘‘(II) the borrower has been in operation for striking subsection (l) and inserting the fol- tion of any loan under section 7(a) is more all of the 2-year period ending on the date of lowing: than $500,000, the Administrator shall, upon the loan; and ‘‘(l) SMALL BUSINESS INTERMEDIARY LEND- request of a pool assembler, divide the loan ‘‘(III) for a financing for which the Admin- ING PILOT PROGRAM.— guarantee into increments of $500,000 and 1 istrator determines there will be an addi- ‘‘(1) DEFINITIONS.—In this subsection— increment of any remaining amount less tional cost attributable to the refinancing of ‘‘(A) the term ‘eligible intermediary’— than $500,000, in order to permit the max- the qualified debt, the borrower agrees to ‘‘(i) means a private, nonprofit entity imum amount of any loan in a pool to be not pay a fee in an amount equal to the antici- that— more than $500,000. Only 1 increment of any pated additional cost. ‘‘(I) seeks or has been awarded a loan from loan guarantee divided under this paragraph ‘‘(iii) FINANCING FOR BUSINESS EXPENSES.— the Administrator to make loans to small may be included in the same pool. Incre- ‘‘(I) FINANCING FOR BUSINESS EXPENSES.— business concerns under this subsection; and ments of loan guarantees to different bor- The Administrator may provide financing to ‘‘(II) has not less than 1 year of experience rowers that are divided under this paragraph a borrower that receives financing that in- making loans to startup, newly established, may be included in the same pool.’’. cludes a refinancing of qualified debt under or growing small business concerns; and SEC. 1118. ONLINE LENDING PLATFORM. clause (ii), in addition to the refinancing ‘‘(ii) includes— It is the sense of Congress that the Admin- ‘‘(I) a private, nonprofit community devel- under clause (ii), to be used solely for the istrator of the Small Business Administra- opment corporation; tion should establish a website that— payment of business expenses. ‘‘(II) APPLICATION FOR FINANCING.—An ap- ‘‘(II) a consortium of private, nonprofit or- (1) lists each lender that makes loans guar- ganizations or nonprofit community develop- anteed by the Small Business Administra- plication for financing under subclause (I) shall include— ment corporations; and tion and provides information about the loan ‘‘(III) an agency of or nonprofit entity es- rates of each such lender; and ‘‘(aa) a specific description of the expenses for which the additional financing is re- tablished by a Native American Tribal Gov- (2) allows prospective borrowers to com- ernment; and pare rates on loans guaranteed by the Small quested; and ‘‘(B) the term ‘Program’ means the small Business Administration. ‘‘(bb) an itemization of the amount of each business intermediary lending pilot program SEC. 1119. SBA SECONDARY MARKET GUARANTEE expense. established under paragraph (2). AUTHORITY. ‘‘(III) CONDITION ON ADDITIONAL FINANC- ‘‘(2) ESTABLISHMENT.—There is established Section 503(f) of division A of the American ING.—A borrower may not use any part of the a 3-year small business intermediary lending Recovery and Reinvestment Act of 2009 (Pub- financing under this clause for non-business pilot program, under which the Adminis- lic Law 111–5; 123 Stat. 155) is amended by purposes. trator may make direct loans to eligible striking ‘‘on the date 2 years after the date ‘‘(iv) LOANS BASED ON JOBS.— intermediaries, for the purpose of making of enactment of this section’’ and inserting ‘‘(I) JOB CREATION AND RETENTION GOALS.— loans to startup, newly established, and ‘‘2 years after the date of the first sale of a ‘‘(aa) IN GENERAL.—The Administrator may growing small business concerns. pool of first lien position 504 loans guaran- provide financing under this subparagraph ‘‘(3) PURPOSES.—The purposes of the Pro- teed under this section to a third-party in- for a borrower that meets the job creation gram are— vestor’’. goals under subsection (d) or (e) of section ‘‘(A) to assist small business concerns in PART II—SMALL BUSINESS ACCESS TO 501. areas suffering from a lack of credit due to CAPITAL ‘‘(bb) ALTERNATE JOB RETENTION GOAL.— poor economic conditions or changes in the SEC. 1122. LOW-INTEREST REFINANCING UNDER The Administrator may provide financing financial market; and THE LOCAL DEVELOPMENT BUSI- under this subparagraph to a borrower that ‘‘(B) to establish a loan program under NESS LOAN PROGRAM. does not meet the goals described in item which the Administrator may provide loans (a) REFINANCING.—Section 502(7) of the (aa) in an amount that is not more than the to eligible intermediaries to enable the eligi- Small Business Investment Act of 1958 (15 product obtained by multiplying the number ble intermediaries to provide loans to start- U.S.C. 696(7)) is amended by adding at the of employees of the borrower by $65,000. up, newly established, and growing small end the following: ‘‘(II) NUMBER OF EMPLOYEES.—For purposes business concerns for working capital, real ‘‘(C) REFINANCING NOT INVOLVING EXPAN- of subclause (I), the number of employees of estate, or the acquisition of materials, sup- SIONS.— a borrower is equal to the sum of— plies, or equipment. ‘‘(i) DEFINITIONS.—In this subparagraph— ‘‘(aa) the number of full-time employees of ‘‘(4) LOANS TO ELIGIBLE INTERMEDIARIES.— ‘‘(I) the term ‘borrower’ means a small the borrower on the date on which the bor- ‘‘(A) APPLICATION.—Each eligible inter- business concern that submits an application rower applies for a loan under this subpara- mediary desiring a loan under this sub- to a development company for financing graph; and section shall submit an application to the under this subparagraph; ‘‘(bb) the product obtained by multi- Administrator that describes— ‘‘(II) the term ‘eligible fixed asset’ means plying— ‘‘(i) the type of small business concerns to tangible property relating to which the Ad- ‘‘(AA) the number of part-time employees be assisted; ministrator may provide financing under of the borrower on the date on which the bor- ‘‘(ii) the size and range of loans to be made; this section; and rower applies for a loan under this subpara- ‘‘(iii) the interest rate and terms of loans ‘‘(III) the term ‘qualified debt’ means in- graph; by to be made; debtedness— ‘‘(BB) the quotient obtained by dividing ‘‘(iv) the geographic area to be served and ‘‘(aa) that— the average number of hours each part time the economic, poverty, and unemployment ‘‘(AA) was incurred not less than 2 years employee of the borrower works each week characteristics of the area; before the date of the application for assist- by 40. ‘‘(v) the status of small business concerns ance under this subparagraph; ‘‘(v) NONDELEGATION.—Notwithstanding in the area to be served and an analysis of ‘‘(BB) is a commercial loan; section 508(e), the Administrator may not the availability of credit; and ‘‘(CC) is not subject to a guarantee by a permit a premier certified lender to approve ‘‘(vi) the qualifications of the applicant to Federal agency; or disapprove an application for assistance carry out this subsection. ‘‘(DD) the proceeds of which were used to under this subparagraph. ‘‘(B) LOAN LIMITS.—No loan may be made acquire an eligible fixed asset; ‘‘(vi) TOTAL AMOUNT OF LOANS.—The Ad- to an eligible intermediary under this sub- ‘‘(EE) was incurred for the benefit of the ministrator may provide not more than a section if the total amount outstanding and small business concern; and total of $7,500,000,000 of financing under this committed to the eligible intermediary by ‘‘(FF) is collateralized by eligible fixed as- subparagraph for each fiscal year.’’. the Administrator would, as a result of such sets; and loan, exceed $1,000,000 during the participa- mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE ‘‘(bb) for which the borrower has been cur- (b) PROSPECTIVE REPEAL.—Effective 2 years tion of the eligible intermediary in the Pro- rent on all payments for not less than 1 year after the date of enactment of this Act, sec- gram. before the date of the application. tion 502(7) of the Small Business Investment ‘‘(C) LOAN DURATION.—Loans made by the ‘‘(ii) AUTHORITY.—A project that does not Act of 1958 (15 U.S.C. 696(7)) is amended by Administrator under this subsection shall be involve the expansion of a small business striking subparagraph (C). for a term of 20 years. concern may include the refinancing of ‘‘(D) APPLICABLE INTEREST RATES.—Loans qualified debt if— (c) TECHNICAL CORRECTION.—Section made by the Administrator to an eligible ‘‘(I) the amount of the financing is not 502(2)(A)(i) of the Small Business Investment intermediary under the Program shall bear more than 90 percent of the value of the col- Act of 1958 (15 U.S.C. 696(2)(A)(i)) is amended an annual interest rate equal to 1.00 percent. lateral for the financing, except that, if the by striking ‘‘subparagraph (B) or (C)’’ and in- ‘‘(E) FEES; COLLATERAL.—The Adminis- appraised value of the eligible fixed assets serting ‘‘clause (ii), (iii), (iv), or (v)’’. trator may not charge any fees or require VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5549 collateral with respect to any loan made to ‘‘(ii) includes an automobile, recreational deny any application to become a master an eligible intermediary under this sub- vehicle, boat, and manufactured home. servicer under the Program not later than 90 section. ‘‘(B) PROGRAM.—The Administrator may days after the date on which all required in- ‘‘(F) DELAYED PAYMENTS.—The Adminis- guarantee the timely payment of an open- formation is submitted to the Secretary, trator shall not require the repayment of end extension of credit to a small business based on the capacity and experience of the principal or interest on a loan made to an el- concern, the proceeds of which may be used applicant in— igible intermediary under the Program dur- for the purchase of eligible retail goods for ‘‘(i) loan administration, servicing, and ing the 2-year period beginning on the date resale. loan monitoring; of the initial disbursement of funds under ‘‘(C) AMOUNT.—An open-end extension of ‘‘(ii) managing regional or national loan that loan. credit guaranteed under this paragraph shall intake, processing, or servicing operational ‘‘(G) MAXIMUM PARTICIPANTS AND be in an amount not less than $500,000 and systems and infrastructure; AMOUNTS.—During each of fiscal years 2011, not more than $5,000,000. ‘‘(iii) managing regional or national origi- 2012, and 2013, the Administrator may make ‘‘(D) TERM.—An open-end extension of nator communication systems and infra- loans under the Program— credit guaranteed under this paragraph shall structure; ‘‘(i) to not more than 20 eligible inter- have a term of not more than 5 years. ‘‘(iv) developing and implementing train- mediaries; and ‘‘(E) GUARANTEE PERCENTAGE.—The Admin- ing and other risk management strategies on ‘‘(ii) in a total amount of not more than istrator may guarantee— a regional or national basis; and $20,000,000. ‘‘(i) not less than 60 percent of an open-end ‘‘(v) compliance monitoring, investor rela- ‘‘(5) LOANS TO SMALL BUSINESS CONCERNS.— extension of credit under this paragraph; and tions, and reporting. ‘‘(A) IN GENERAL.—The Administrator, ‘‘(ii) not more than 75 percent of an open- ‘‘(6) PROGRAM.—The term ‘Program’ means through an eligible intermediary, shall make end extension of credit under this paragraph. the guarantee Program for bonds and notes loans to startup, newly established, and ‘‘(F) ADVANCE RATE.—The lender for an issued for eligible community or economic growing small business concerns for working open-end extension of credit guaranteed development purposes established under this capital, real estate, and the acquisition of under this paragraph may allow the bor- section. materials, supplies, furniture, fixtures, and rower to draw funds on the line of credit in ‘‘(7) PROGRAM ADMINISTRATOR.—The term equipment. an amount equal to not more than 100 per- ‘Program administrator’ means an entity ‘‘(B) MAXIMUM LOAN.—An eligible inter- cent of the value of the eligible retail goods designated by the issuer to perform adminis- mediary may not make a loan under this to be purchased.’’. trative duties, as provided in subsection subsection of more than $200,000 to any 1 (b) SUNSET.—Effective September 30, 2013, (f)(2). small business concern. section 7(a) of the Small Business Act (15 ‘‘(8) QUALIFIED ISSUER.— ‘‘(C) APPLICABLE INTEREST RATES.—A loan U.S.C. 636(a)) is amended— ‘‘(A) IN GENERAL.—The term ‘qualified made by an eligible intermediary to a small (1) by striking paragraph (34); and issuer’ means a community development fi- business concern under this subsection, may (2) by redesignating paragraph (35), as nancial institution (or any entity designated have a fixed or a variable interest rate, and added by section 1206 of this Act, as para- to issue notes or bonds on behalf of such shall bear an interest rate specified by the graph (34). community development financial institu- eligible intermediary in the application of SEC. 1134. GUARANTEES FOR BONDS AND NOTES tion) that meets the qualification require- the eligible intermediary for a loan under ISSUED FOR COMMUNITY OR ECO- ments of this paragraph. this subsection. NOMIC DEVELOPMENT PURPOSES. ‘‘(B) APPROVAL CRITERIA FOR QUALIFIED ‘‘(D) REVIEW RESTRICTIONS.—The Adminis- The Riegle Community Development and ISSUERS.— trator may not review individual loans made Regulatory Improvement Act of 1994 (12 ‘‘(i) IN GENERAL.—The Secretary shall ap- by an eligible intermediary to a small busi- U.S.C. 4701 et seq.) is amended by inserting prove a qualified issuer for a guarantee ness concern before approval of the loan by after section 114 (12 U.S.C. 4713) the fol- under the Program in accordance with the the eligible intermediary. lowing: requirements of this paragraph, and such ad- ‘‘(6) TERMINATION.—The authority of the ‘‘SEC. 114A. GUARANTEES FOR BONDS AND NOTES ISSUED FOR COMMUNITY OR ECO- ditional requirements as the Secretary may Administrator to make loans under the Pro- establish, by regulation. NOMIC DEVELOPMENT PURPOSES. gram shall terminate 3 years after the date ‘‘(ii) TERMS AND QUALIFICATIONS.—A quali- ‘‘(a) DEFINITIONS.—In this section, the fol- of enactment of the Small Business Job Cre- fied issuer shall— lowing definitions shall apply: ation and Access to Capital Act of 2010.’’. ‘‘(I) have appropriate expertise, capacity, (b) RULEMAKING AUTHORITY.—Not later ‘‘(1) ELIGIBLE COMMUNITY DEVELOPMENT FI- NANCIAL INSTITUTION.—The term ‘eligible and experience, or otherwise be qualified to than 180 days after the date of enactment of make loans for eligible community or eco- this Act, the Administrator shall issue regu- community development financial institu- tion’ means a community development fi- nomic development purposes; lations to carry out section 7(l) of the Small ‘‘(II) provide to the Secretary— Business Act, as amended by subsection (a). nancial institution (as described in section 1805.201 of title 12, Code of Federal Regula- ‘‘(aa) an acceptable statement of the pro- (c) AVAILABILITY OF FUNDS.—Any amounts tions, or any successor thereto) certified by posed sources and uses of the funds; and provided to the Administrator for the pur- poses of carrying out section 7(l) of the the Secretary that has applied to a qualified ‘‘(bb) a capital distribution plan that Small Business Act, as amended by sub- issuer for, or been granted by a qualified meets the requirements of subsection (c)(1); section (a), shall remain available until ex- issuer, a loan under the Program. and pended. ‘‘(2) ELIGIBLE COMMUNITY OR ECONOMIC DE- ‘‘(III) certify to the Secretary that the SEC. 1132. PUBLIC POLICY GOALS. VELOPMENT PURPOSE.—The term ‘eligible bonds or notes to be guaranteed are to be Section 501(d)(3) of the Small Business In- community or economic development pur- used for eligible community or economic de- vestment Act of 1958 (15 U.S.C. 695(d)(3)) is pose’— velopment purposes. amended— ‘‘(A) means any purpose described in sec- ‘‘(C) DEPARTMENT OPINION; TIMING.— (1) in subparagraph (J), by striking ‘‘or’’ at tion 108(b); and ‘‘(i) DEPARTMENT OPINION.—Not later than the end; ‘‘(B) includes the provision of community 30 days after the date of a request by a quali- (2) in subparagraph (K), by striking the pe- or economic development in low-income or fied issuer for approval of a guarantee under riod at the end and inserting ‘‘, or’’; and underserved rural areas. the Program, the Secretary shall provide an (3) by adding at the end the following: ‘‘(3) GUARANTEE.—The term ‘guarantee’ opinion regarding compliance by the issuer ‘‘(L) reduction of rates of unemployment in means a written agreement between the Sec- with the requirements of the Program under labor surplus areas, as such areas are deter- retary and a qualified issuer (or trustee), this section. mined by the Secretary of Labor.’’. pursuant to which the Secretary ensures re- ‘‘(ii) TIMING.—The Secretary shall approve SEC. 1133. DRAFT FLOOR PLAN PILOT PROGRAM payment of the verifiable losses of principal, or deny a guarantee under this section after EXTENSION. interest, and call premium, if any, on notes consideration of the opinion provided to the (a) IN GENERAL.—Section 7(a) of the Small or bonds issued by a qualified issuer to fi- Secretary under clause (i), and in no case Business Act (15 U.S.C. 636(a)) is amended— nance or refinance loans to eligible commu- later than 90 days after receipt of all re- (1) by redesignating paragraph (32), relat- nity development financial institutions. quired information by the Secretary with re- ing to increased veteran participation, as ‘‘(4) LOAN.—The term ‘loan’ means any spect to a request for such guarantee. mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE added by section 208 of the Military Reserv- credit instrument that is extended under the ‘‘(9) SECRETARY.—The term ‘Secretary’ ist and Veteran Small Business Reauthoriza- Program for any eligible community or eco- means the Secretary of the Treasury. tion and Opportunity Act of 2008 (Public Law nomic development purpose. ‘‘(10) SERVICER.—The term ‘servicer’ means 110–186; 122 Stat. 631), as paragraph (33); and ‘‘(5) MASTER SERVICER.— an entity designated by the issuer to perform (2) by adding at the end the following: ‘‘(A) IN GENERAL.—The term ‘master various servicing duties, as provided in sub- ‘‘(34) DEALER FLOOR PLAN FINANCING PRO- servicer’ means any entity approved by the section (f)(3). GRAM.— Secretary in accordance with subparagraph ‘‘(b) GUARANTEES AUTHORIZED.—The Sec- ‘‘(A) DEFINITION.—In this paragraph, the (B) to oversee the activities of servicers, as retary shall guarantee payments on bonds or term ‘eligible retail good’— provided in subsection (f)(4). notes issued by any qualified issuer, if the ‘‘(i) means a good for which a title may be ‘‘(B) APPROVAL CRITERIA FOR MASTER proceeds of the bonds or notes are used in ac- obtained under State law; and SERVICERS.—The Secretary shall approve or cordance with this section to make loans to VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5550 CONGRESSIONAL RECORD — SENATE June 29, 2010 eligible community development financial ‘‘(B) GUARANTEE AMOUNT.—The Secretary for the cost of providing guarantees of bonds institutions— may not guarantee any amount under the and notes under this section. ‘‘(1) for eligible community or economic Program equal to less than $100,000,000, but ‘‘(i) INVESTMENT IN GUARANTEED BONDS IN- development purposes; or the total of all such guarantees in any fiscal ELIGIBLE FOR COMMUNITY REINVESTMENT ACT ‘‘(2) to refinance loans or notes issued for year may not exceed $1,000,000,000. PURPOSES.—Notwithstanding any other pro- such purposes. ‘‘(f) SERVICING OF TRANSACTIONS.— vision of law, any investment by a financial ‘‘(c) GENERAL PROGRAM REQUIREMENTS.— ‘‘(1) IN GENERAL.—To maximize efficiencies institution in bonds or notes guaranteed ‘‘(1) IN GENERAL.—A capital distribution and minimize cost and interest rates, loans under the Program shall not be taken into plan meets the requirements of this sub- made under this section may be serviced by account in assessing the record of such insti- section, if not less than 90 percent of the qualified Program administrators, bond tution for purposes of the Community Rein- principal amount of guaranteed bonds or servicers, and a master servicer. vestment Act of 1977 (12 U.S.C. 2901). notes (other than costs of issuance fees) are ‘‘(2) DUTIES OF PROGRAM ADMINISTRATOR.— ‘‘(j) ADMINISTRATION.— used to make loans for any eligible commu- ‘‘(1) REGULATIONS.—Not later than 1 year The duties of a Program administrator shall nity or economic development purpose, after the date of enactment of this section, include— measured annually, beginning at the end of the Secretary shall promulgate regulations ‘‘(A) approving and qualifying eligible the 1-year period beginning on the issuance to carry out this section. community development financial institu- date of such guaranteed bonds or notes. ‘‘(2) IMPLEMENTATION.—Not later than 2 tion applications for participation in the ‘‘(2) RELENDING ACCOUNT.—Not more than years after the date of enactment of this sec- Program; 10 percent of the principal amount of guaran- tion, the Secretary shall implement this sec- ‘‘(B) compliance monitoring; teed bonds or notes, multiplied by an tion. ‘‘(C) bond packaging in connection with amount equal to the outstanding principal ‘‘(k) TERMINATION.—This section is re- the Program; and balance of issued notes or bonds, minus the pealed, and the authority provided under ‘‘(D) all other duties and related services this section shall terminate, on September risk-share pool amount under subsection (d), that are customarily expected of a Program 30, 2014.’’. may be held in a relending account and may administrator. be made available for new eligible commu- SEC. 1135. TEMPORARY EXPRESS LOAN EN- ‘‘(3) DUTIES OF SERVICER.—The duties of a HANCEMENT. nity or economic development purposes. servicer shall include— (a) IN GENERAL.—Section 7(a)(31)(D) of the ‘‘(3) LIMITATIONS ON UNPAID PRINCIPAL BAL- ‘‘(A) billing and collecting loan payments; Small Business Act (15 U.S.C. 636(a)(31)(D)) is ANCES.—The proceeds of guaranteed bonds or ‘‘(B) initiating collection activities on amended by striking ‘‘$350,000’’ and inserting notes under the Program may not be used to past-due loans; ‘‘$1,000,000’’. pay fees (other than costs of issuance fees), ‘‘(C) transferring loan payments to the (b) PROSPECTIVE REPEAL.—Effective 1 year and shall be held in— master servicing accounts; after the date of enactment of this Act, sec- ‘‘(A) community or economic development ‘‘(D) loan administration and servicing; tion 7(a)(31)(D) of the Small Business Act (15 loans; ‘‘(E) systematic and timely reporting of U.S.C. 636(a)(31)(D)) is amended by striking ‘‘(B) a relending account, to the extent au- loan performance through remittance and ‘‘$1,000,000’’ and inserting ‘‘$350,000’’. thorized under paragraph (2); or servicing reports; SEC. 1136. PROHIBITION ON USING TARP FUNDS ‘‘(C) a risk-share pool established under ‘‘(F) proper measurement of annual out- OR TAX IN CREASES. subsection (d). standing loan requirements; and (a) IN GENERAL.—Except as provided in ‘‘(4) REPAYMENT.—If a qualified issuer fails ‘‘(G) all other duties and related services subsection (b), nothing in section 1111, 1112, to meet the requirements of paragraph (1) by that are customarily expected of servicers. 1113, 1114, 1115, 1116, 1117, 1118, 1122, or 1131, or the end of the 90-day period beginning at the ‘‘(4) DUTIES OF MASTER SERVICER.—The du- an amendment made by such sections, shall end of the annual measurement period, re- ties of a master servicer shall include— be construed to limit the ability of Congress payment shall be made on that portion of ‘‘(A) tracking the movement of funds be- to appropriate funds. bonds or notes necessary to bring the bonds (b) TARP FUNDS AND TAX INCREASES.— tween the accounts of the master servicer or notes that remain outstanding after such (1) IN GENERAL.—Any covered amounts may and any other servicer; repayment into compliance with the 90 per- not be used to carry out section 1111, 1112, ‘‘(B) ensuring orderly receipt of the month- cent requirement of paragraph (1). 1113, 1114, 1115, 1116, 1117, 1118, 1122, or 1131, or ly remittance and servicing reports of the ‘‘(5) PROHIBITED USES.—The Secretary an amendment made by such sections. servicer; shall, by regulation— (2) DEFINITION.—In this subsection, the ‘‘(C) monitoring the collection comments ‘‘(A) prohibit, as appropriate, certain uses term ‘‘covered amounts’’ means— and foreclosure actions; of amounts from the guarantee of a bond or (A) the amounts made available to the Sec- ‘‘(D) aggregating the reporting and dis- note under the Program, including the use of retary of the Treasury under title I of the tribution of funds to trustees and investors; such funds for political activities, lobbying, Emergency Economic Stabilization Act of ‘‘(E) removing and replacing a servicer, as outreach, counseling services, or travel ex- 2008 S.C. 5201 et seq.) to purchase (under sec- necessary; penses; and tion 101) or guarantee (under section 102) as- ‘‘(F) loan administration and servicing; ‘‘(B) provide that the guarantee of a bond sets under that Act; and ‘‘(G) systematic and timely reporting of or note under the Program may not be used (B) any revenue increase attributable to loan performance compiled from all bond for salaries or other administrative costs any amendment to the Internal Revenue servicers’ reports; of— Code of 1986 made during the period begin- ‘‘(H) proper distribution of funds to inves- ‘‘(i) the qualified issuer; or ning on the date of enactment of this Act tors; and ‘‘(ii) any recipient of amounts from the and ending on December 31, 2010. ‘‘(I) all other duties and related services guarantee of a bond or note. ‘‘(d) RISK-SHARE POOL.—Each qualified that are customarily expected of a master Subtitle B—Small Business Trade and issuer shall, during the term of a guarantee servicer. Exporting provided under the Program, establish a ‘‘(g) FEES.— SEC. 1201. SHORT TITLE. risk-share pool, capitalized by contributions ‘‘(1) IN GENERAL.—A qualified issuer that This subtitle may be cited as the ‘‘Small from eligible community development finan- receives a guarantee issued under this sec- Business Export Enhancement and Inter- cial institution participants an amount tion on a bond or note shall pay a fee to the national Trade Act of 2010’’. equal to 3 percent of the guaranteed amount Secretary, in an amount equal to 10 basis SEC. 1202. DEFINITIONS. outstanding on the subject notes and bonds. points of the amount of the unpaid principal (a) DEFINITIONS.—In this subtitle— ‘‘(e) GUARANTEES.— of the bond or note guaranteed. (1) the term ‘‘Associate Administrator’’ ‘‘(1) IN GENERAL.—A guarantee issued under ‘‘(2) PAYMENT.—A qualified issuer shall pay means the Associate Administrator for the Program shall— the fee required under this subsection on an International Trade appointed under section ‘‘(A) be for the full amount of a bond or annual basis. 22(a)(2) of the Small Business Act, as amend- note, including the amount of principal, in- ‘‘(3) USE OF FEES.—Fees collected by the ed by this subtitle; terest, and call premiums; Secretary under this subsection shall be used (2) the term ‘‘Export Assistance Center’’ ‘‘(B) be fully assignable and transferable to to reimburse the Department of the Treas- means a one-stop shop referred to in section the capital market, on terms and conditions ury for any administrative costs incurred by mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE 2301(b)(8) of the Omnibus Trade and Competi- that are consistent with comparable Govern- the Department in implementing the Pro- tiveness Act of 1988 (15 U.S.C. 4721(b)(8)); and ment-guaranteed bonds, and satisfactory to gram established under this section. (3) the term ‘‘rural small business con- the Secretary; ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— cern’’ means a small business concern lo- ‘‘(C) represent the full faith and credit of ‘‘(1) IN GENERAL.—There are authorized to cated in a rural area, as that term is defined the United States; and be appropriated to the Secretary, such sums in section 1393(a)(2) of the Internal Revenue ‘‘(D) not exceed 30 years. as are necessary to carry out this section. Code of 1986. ‘‘(2) LIMITATIONS.— ‘‘(2) USE OF FEES.—To the extent that the (b) TECHNICAL AND CONFORMING AMEND- ‘‘(A) ANNUAL NUMBER OF GUARANTEES.—The amount of funds appropriated for a fiscal MENTS.— Secretary shall issue not more than 10 guar- year under paragraph (1) are not sufficient to (1) DEFINITIONS.—Section 3 of the Small antees in any calendar year under the Pro- carry out this section, the Secretary may Business Act (15 U.S.C. 632) is amended by gram. use the fees collected under subsection (g) adding at the end the following: VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5551 ‘‘(t) SMALL BUSINESS DEVELOPMENT CEN- SEC. 1204. DUTIES OF THE OFFICE OF INTER- ‘‘(E) disseminating information concerning TER.—In this Act, the term ‘small business NATIONAL TRADE. Federal, State, and private programs and ini- development center’ means a small business (a) AMENDMENTS TO SECTION 22.—Section 22 tiatives;’’; development center described in section 21. of the Small Business Act (15 U.S.C. 649) is (D) in paragraph (2), as so redesignated, by ‘‘(u) REGION OF THE ADMINISTRATION.—In amended— striking ‘‘mechanism for’’ and all that fol- this Act, the term ‘region of the Administra- (1) by striking subsection (b) and inserting lows through ‘‘(D) assisting’’ and inserting tion’ means the geographic area served by a the following: the following: ‘‘mechanism for— regional office of the Administration estab- ‘‘(b) TRADE DISTRIBUTION NETWORK.—The ‘‘(A) identifying subsectors of the small lished under section 4(a).’’. Associate Administrator, working in close business community with strong export po- (2) CONFORMING AMENDMENT.—Section cooperation with the Secretary of Com- tential; 4(b)(3)(B)(x) of the Small Business Act (15 merce, the United States Trade Representa- ‘‘(B) identifying areas of demand in foreign U.S.C. 633(b)(3)(B)(x)) is amended by striking tive, the Secretary of Agriculture, the Sec- markets; ‘‘Administration district and region’’ and in- retary of State, the President of the Export- ‘‘(C) prescreening foreign buyers for com- serting ‘‘district and region of the Adminis- Import Bank of the United States, the Presi- mercial and credit purposes; and tration’’. dent of the Overseas Private Investment Cor- ‘‘(D) assisting’’; SEC. 1203. OFFICE OF INTERNATIONAL TRADE. poration, Director of the United States (E) in paragraph (3), as so redesignated, by (a) ESTABLISHMENT.—Section 22 of the Trade and Development Agency, and other striking ‘‘assist small businesses in the for- Small Business Act (15 U.S.C. 649) is amend- relevant Federal agencies, small business de- ed— mation and utilization of’’ and inserting ‘‘as- velopment centers engaged in export pro- sist small business concerns in forming and (1) by striking ‘‘SEC. 22. (a) There’’ and in- motion efforts, Export Assistance Centers, serting the following: using’’; regional and district offices of the Adminis- (F) in paragraph (4), as so redesignated— ‘‘SEC. 22. OFFICE OF INTERNATIONAL TRADE. tration, the small business community, and ‘‘(a) ESTABLISHMENT.— (i) by striking ‘‘local’’ and inserting ‘‘dis- relevant State and local export promotion trict’’; ‘‘(1) OFFICE.—There’’; and programs, shall— (2) in subsection (a)— (ii) by striking ‘‘existing’’; ‘‘(1) maintain a distribution network, (iii) by striking ‘‘Small Business Develop- (A) in paragraph (1), as so designated, by using regional and district offices of the Ad- striking the period and inserting ‘‘for the ment Center network’’ and inserting ‘‘small ministration, the small business develop- business development center network’’; and primary purposes of increasing— ment center network, networks of women’s ‘‘(A) the number of small business concerns (iv) by striking ‘‘Small Business Develop- business centers, the Service Corps of Re- ment Center Program’’ and inserting ‘‘small that export; and tired Executives authorized by section ‘‘(B) the volume of exports by small busi- business development center program’’; 8(b)(1), and Export Assistance Centers, for (G) in paragraph (5), as so redesignated— ness concerns.’’; and programs relating to— (B) by adding at the end the following: (i) in subparagraph (A), by striking ‘‘Gross ‘‘(A) trade promotion; ‘‘(2) ASSOCIATE ADMINISTRATOR.—The head State Produce’’ and inserting ‘‘Gross State ‘‘(B) trade finance; of the Office shall be the Associate Adminis- Product’’; ‘‘(C) trade adjustment assistance; trator for International Trade, who shall be (ii) in subparagraph (B), by striking ‘‘SIC’’ ‘‘(D) trade remedy assistance; and responsible to the Administrator.’’. each place it appears and inserting ‘‘North ‘‘(E) trade data collection; (b) AUTHORITY FOR ADDITIONAL ASSOCIATE American Industry Classification System’’; ‘‘(2) aggressively market the programs de- ADMINISTRATOR.—Section 4(b)(1) of the Small and scribed in paragraph (1) and disseminate in- Business Act (15 U.S.C. 633(b)(1)) is amend- (iii) in subparagraph (C), by striking formation, including computerized mar- ed— ‘‘small businesses’’ and inserting ‘‘small keting data, to small business concerns on (1) in the fifth sentence, by striking ‘‘five business concerns’’; exporting trends, market-specific growth, in- Associate Administrators’’ and inserting dustry trends, and international prospects (H) in paragraph (6), as so redesignated, by ‘‘Associate Administrators’’; and for exports; striking the period at the end and inserting (2) by adding at the end the following: ‘‘(3) promote export assistance programs a semicolon; ‘‘One such Associate Administrator shall be through the district and regional offices of (I) in paragraph (7), as so redesignated— the Associate Administrator for Inter- the Administration, the small business de- (i) in the matter preceding subparagraph national Trade, who shall be the head of the velopment center network, Export Assist- (A)— Office of International Trade established ance Centers, the network of women’s busi- (I) by inserting ‘‘concerns’’ after ‘‘small under section 22.’’. ness centers, chapters of the Service Corps of business’’; and (c) DISCHARGE OF INTERNATIONAL TRADE (II) by striking ‘‘current’’ and inserting Retired Executives, State and local export RESPONSIBILITIES OF ADMINISTRATION.—Sec- ‘‘up to date’’; promotion programs, and partners in the pri- tion 22 of the Small Business Act (15 U.S.C. (ii) in subparagraph (A), by striking ‘‘Ad- vate sector; and 649) is amended by adding at the end the fol- ministration’s regional offices’’ and insert- ‘‘(4) give preference in hiring or approving lowing: ing ‘‘regional and district offices of the Ad- ‘‘(h) DISCHARGE OF INTERNATIONAL TRADE the transfer of any employee into the Office or to a position described in subsection (c)(9) ministration’’; RESPONSIBILITIES OF ADMINISTRATION.—The (iii) in subparagraph (B) by striking ‘‘cur- Administrator shall ensure that— to otherwise qualified applicants who are fluent in a language in addition to English, rent’’; ‘‘(1) the responsibilities of the Administra- (iv) in subparagraph (C), by striking ‘‘cur- tion regarding international trade are car- to— ‘‘(A) accompany small business concerns rent’’; and ried out by the Associate Administrator; on foreign trade missions; and (v) by striking ‘‘small businesses’’ each ‘‘(2) the Associate Administrator has suffi- ‘‘(B) translate documents, interpret con- place that term appears and inserting ‘‘small cient resources to carry out such responsibil- versations, and facilitate multilingual trans- business concerns’’; ities; and actions, including by providing referral lists (J) in paragraph (8), as so redesignated, by ‘‘(3) the Associate Administrator has direct for translation services, if required.’’; striking and at the end; supervision and control over— (2) in subsection (c)— (K) in paragraph (9), as so redesignated— ‘‘(A) the staff of the Office; and (A) by striking ‘‘(c) The Office’’ and insert- (i) in the matter preceding subparagraph ‘‘(B) any employee of the Administration ing the following: (A)— whose principal duty station is an Export ‘‘(c) PROMOTION OF SALES OPPORTUNITIES.— (I) by striking ‘‘full-time export develop- Assistance Center, or any successor entity.’’. (d) ROLE OF ASSOCIATE ADMINISTRATOR IN The Associate Administrator’’; ment specialists to each Administration re- CARRYING OUT INTERNATIONAL TRADE POL- (B) by redesignating paragraphs (1) gional office and assigning’’; and ICY.—Section 2(b)(1) of the Small Business through (8) as paragraphs (2) through (9), re- (II) by striking ‘‘person in each district of- Act (15 U.S.C. 631(b)(1)) is amended in the spectively; fice. Such specialists’’ and inserting ‘‘indi- matter preceding subparagraph (A)— (C) by inserting before paragraph (2), as so vidual in each district office and providing (1) by inserting ‘‘the Administrator of’’ be- redesignated, the following: each Administration regional office with a ‘‘(1) establish annual goals for the Office full-time export development specialist, mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE fore ‘‘the Small Business Administration’’; and relating to— who’’; (2) by inserting ‘‘through the Associate Ad- ‘‘(A) enhancing the exporting capability of (ii) in subparagraph (B)— ministrator for International Trade, and’’ small business concerns and small manufac- (I) by striking ‘‘current’’; and before ‘‘in cooperation with’’. turers; (II) by striking ‘‘with’’ and inserting ‘‘in’’; (e) IMPLEMENTATION DATE.—Not later than ‘‘(B) facilitating technology transfers; (iii) in subparagraph (D)— 90 days after the date of enactment of this ‘‘(C) enhancing programs and services to (I) by striking ‘‘Administration personnel Act, the Administrator of the Small Busi- assist small business concerns and small involved in granting’’ and inserting ‘‘per- ness Administration shall appoint an Asso- manufacturers to compete effectively and ef- sonnel of the Administration involved in ciate Administrator for International Trade ficiently against foreign entities; making’’; and under section 22(a) of the Small Business Act ‘‘(D) increasing the ability of small busi- (II) by striking ‘‘and’’ at the end; (15 U.S.C. 649(a)), as added by this section. ness concerns to access capital; and (iv) in subparagraph (E)— VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5552 CONGRESSIONAL RECORD — SENATE June 29, 2010 (I) by striking ‘‘small businesses’ needs’’ ‘‘(2) a detailed account of the results of ex- ‘‘(D) the number of small business concerns and inserting ‘‘the needs of small business port growth activities of the Administration, referred to an Export Assistance Center or a concerns’’; and including the activities of each district and small business development center by the (II) by striking the period at the end and regional office of the Administration, based staff of the Office; inserting a semicolon; on the performance measures described in ‘‘(E) the number of small business concerns (v) by adding at the end the following: subsection (i); referred to the Administration by an Export ‘‘(F) participate, jointly with employees of ‘‘(3) an estimate of the total number of Assistance Center or a small business devel- the Office, in an annual training program jobs created or retained as a result of export opment center; and that focuses on current small business needs assistance provided by the Administration ‘‘(F) the number of small business concerns for exporting; and and resource partners of the Administration; referred to the Department of Commerce, ‘‘(G) develop and conduct training pro- ‘‘(4) for any travel by the staff of the Of- the Department of Agriculture, the Depart- grams for exporters and lenders, in coopera- fice, the destination of such travel and the ment of State, the Export-Import Bank of tion with the Export Assistance Centers, the benefits to the Administration and to small the United States, the Overseas Private In- Department of Commerce, the Department business concerns resulting from such travel; vestment Corporation, or the United States of Agriculture, small business development and Trade and Development Agency by the staff centers, women’s business centers, the Ex- ‘‘(5) a description of the participation by of the Office, an Export Assistance Center, or port-Import Bank of the United States, the the Office in trade negotiations.’’; a small business development center. Overseas Private Investment Corporation, (6) in subsection (g), by striking ‘‘(g) The ‘‘(2) JOINT PERFORMANCE MEASURES.—The and other relevant Federal agencies;’’; and Office’’ and inserting the following: Associate Administrator shall develop joint (vi) by striking ‘‘small businesses’’ each ‘‘(g) STUDIES.—The Associate Adminis- performance measures for the district offices place that term appears and inserting ‘‘small trator’’; and of the Administration and the Export Assist- business concerns’’; and (7) by adding after subsection (h), as added ance Centers that include the number of ex- (L) by adding at the end the following: by section 1203 of this subtitle, the following: port loans made under— ‘‘(10) make available on the website of the ‘‘(i) EXPORT AND TRADE COUNSELING.— ‘‘(A) section 7(a)(16); Administration the name and contact infor- ‘‘(1) DEFINITION.—In this subsection— ‘‘(B) the Export Working Capital Program mation of each individual described in para- ‘‘(A) the term ‘lead small business develop- established under section 7(a)(14); graph (9); ment center’ means a small business devel- ‘‘(C) the Preferred Lenders Program, as de- ‘‘(11) carry out a nationwide marketing ef- opment center that has received a grant fined in section 7(a)(2)(C)(ii); and fort using technology, online resources, from the Administration; and ‘‘(D) the export express program estab- training, and other strategies to promote ex- ‘‘(B) the term ‘lead women’s business cen- lished under section 7(a)(34). porting as a business development oppor- ter’ means a women’s business center that ‘‘(3) CONSISTENCY OF TRACKING.—The Asso- tunity for small business concerns; has received a grant from the Administra- ciate Administrator, in coordination with ‘‘(12) disseminate information to the small tion. the departments and agencies that are rep- business community through regional and ‘‘(2) CERTIFICATION PROGRAM.—The Admin- resented on the Trade Promotion Coordi- district offices of the Administration, the istrator shall establish an export and trade nating Committee established under section small business development center network, counseling certification program to certify 2312 of the Export Enhancement Act of 1988 Export Assistance Centers, the network of employees of lead small business develop- (15 U.S.C. 4727) and the small business devel- women’s business centers, chapters of the ment centers and lead women’s business cen- opment center network, shall develop a sys- Service Corps of Retired Executives author- ters in providing export assistance to small tem to track exports by small business con- ized by section 8(b)(1), State and local export business concerns. cerns, including information relating to the promotion programs, and partners in the pri- ‘‘(3) NUMBER OF CERTIFIED EMPLOYEES.— performance measures developed under para- vate sector regarding exporting trends, mar- The Administrator shall ensure that the graph (1), that is consistent with systems ket-specific growth, industry trends, and number of employees of each lead small busi- used by the departments and agencies and prospects for exporting; and ness development center who are certified in the network.’’. ‘‘(13) establish and carry out training pro- (b) REPORT.—Not later than 60 days after providing export assistance is not less than grams for the staff of the regional and dis- the date of enactment of this Act, the Ad- the lesser of— trict offices of the Administration and re- ministrator shall submit a report to the ‘‘(A) 5; or source partners of the Administration on ex- Committee on Small Business and Entrepre- ‘‘(B) 10 percent of the total number of em- neurship of the Senate and the Committee port promotion and providing assistance re- ployees of the lead small business develop- lating to exports.’’; on Small Business of the House of Represent- ment center. atives on any travel by the staff of the Office (3) in subsection (d)— ‘‘(4) REIMBURSEMENT FOR CERTIFICATION.— of International Trade of the Administra- (A) by redesignating paragraphs (1) ‘‘(A) IN GENERAL.—Subject to the avail- tion, during the period beginning on October through (5) as clauses (i) through (v), respec- ability of appropriations, the Administrator 1, 2004, and ending on the date of enactment tively, and adjusting the margins accord- shall reimburse a lead small business devel- of the Act, including the destination of such ingly; opment center or a lead women’s business travel and the benefits to the Administra- (B) by striking ‘‘(d) The Office’’ and insert- center for costs relating to the certification tion and to small business concerns resulting ing the following: of an employee of the lead small business from such travel. ‘‘(d) EXPORT FINANCING PROGRAMS.— center or lead women’s business center in SEC. 1205. EXPORT ASSISTANCE CENTERS. ‘‘(1) IN GENERAL.—The Associate Adminis- providing export assistance under the pro- (a) EXPORT ASSISTANCE CENTERS.—Section trator’’; and gram established under paragraph (2). 22 of the Small Business Act (15 U.S.C. 649), (C) by striking ‘‘To accomplish this goal, ‘‘(B) LIMITATION.—The total amount reim- as amended by this subtitle, is amended by the Office shall work’’ and inserting the fol- bursed by the Administrator under subpara- adding at the end the following: lowing: graph (A) may not exceed $350,000 in any fis- ‘‘(k) EXPORT ASSISTANCE CENTERS.— ‘‘(2) TRADE FINANCE SPECIALIST.—To accom- cal year. ‘‘(1) EXPORT FINANCE SPECIALISTS.— plish the goal established under paragraph ‘‘(j) PERFORMANCE MEASURES.— ‘‘(A) MINIMUM NUMBER OF EXPORT FINANCE (1), the Associate Administrator shall— ‘‘(1) IN GENERAL.—The Associate Adminis- SPECIALISTS.—On and after the date that is 90 ‘‘(A) designate at least 1 individual within trator shall develop performance measures days after the date of enactment of this sub- the Administration as a trade finance spe- for the Administration to support export section, the Administrator, in coordination cialist to oversee international loan pro- growth goals for the activities of the Office with the Secretary of Commerce, shall en- grams and assist Administration employees under this section that include— sure that the number of export finance spe- with trade finance issues; and ‘‘(A) the number of small business concerns cialists is not less than the number of such ‘‘(B) work’’; that— employees so assigned on January 1, 2003. (4) in subsection (e), by striking ‘‘(e) The ‘‘(i) receive assistance from the Adminis- ‘‘(B) EXPORT FINANCE SPECIALISTS ASSIGNED Office’’ and inserting the following: tration; TO EACH REGION OF THE ADMINISTRATION.—On ‘‘(e) TRADE REMEDIES.—The Associate Ad- ‘‘(ii) had not exported goods or services be- and after the date that is 2 years after the ministrator’’; fore receiving the assistance described in date of enactment of this subsection, the Ad- mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE (5) by amending subsection (f) to read as clause (i); and ministrator, in coordination with the Sec- follows: ‘‘(iii) export goods or services; retary of Commerce, shall ensure that there ‘‘(f) REPORTING REQUIREMENT.—The Asso- ‘‘(B) the number of small business concerns are not fewer than 3 export finance special- ciate Administrator shall submit an annual receiving assistance from the Administra- ists in each region of the Administration. report to the Committee on Small Business tion that export goods or services to a mar- ‘‘(2) PLACEMENT OF EXPORT FINANCE SPE- and Entrepreneurship of the Senate and the ket outside the United States into which the CIALISTS.— Committee on Small Business of the House small business concern did not export before ‘‘(A) PRIORITY.—The Administrator shall of Representatives that contains— receiving the assistance; give priority, to the maximum extent prac- ‘‘(1) a description of the progress of the Of- ‘‘(C) export revenues by small business ticable, to placing employees of the Adminis- fice in implementing the requirements of concerns assisted by programs of the Admin- tration at any Export Assistance Center this section; istration; that— VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5553 ‘‘(i) had an Administration employee as- (II) for each subsequent study, during the (d) EXPORT WORKING CAPITAL PROGRAM.— signed to the Export Assistance Center be- 10-year period ending on the date the study Section 7(a) of the Small Business Act (15 fore January 2003; and is commenced; and U.S.C. 636(a)) is amended— ‘‘(ii) has not had an Administration em- (B) submit to the Committee on Small (1) in paragraph (2)(D), by striking ‘‘not ex- ployee assigned to the Export Assistance Business and Entrepreneurship of the Senate ceed’’ and inserting ‘‘be’’; and Center during the period beginning January and the Committee on Small Business of the (2) in paragraph (14)— 2003, and ending on the date of enactment of House of Representatives a report con- (A) by striking ‘‘(A) The Administration’’ this subsection, either through retirement or taining— and inserting the following: ‘‘EXPORT WORK- reassignment. (i) the results of the study under subpara- ING CAPITAL PROGRAM.— ‘‘(B) NEEDS OF EXPORTERS.—The Adminis- graph (A); ‘‘(A) IN GENERAL.—The Administrator’’; trator shall, to the maximum extent prac- (ii) to the extent practicable, a rec- (B) by striking ‘‘(B) When considering’’ and ticable, strategically assign Administration ommendation regarding how to eliminate inserting the following: employees to Export Assistance Centers, gaps between the supply of and demand for ‘‘(C) CONSIDERATIONS.—When considering’’; based on the needs of exporters. export finance specialists in the 15 States (C) by striking ‘‘(C) The Administration’’ ‘‘(C) RULE OF CONSTRUCTION.—Nothing in that have the greatest volume of exports, and inserting the following: this subsection may be construed to require based upon the most recent data available ‘‘(D) MARKETING.—The Administrator’’; the Administrator to reassign or remove an from the Department of Commerce; and export finance specialist who is assigned to (iii) to the extent practicable, a rec- (D) by inserting after subparagraph (A) the ommendation regarding how to eliminate following: an Export Assistance Center on the date of gaps between the supply of and demand for ‘‘(B) TERMS.— enactment of this subsection. export finance specialists in the 15 States ‘‘(i) LOAN AMOUNT.—The Administrator ‘‘(3) GOALS.—The Associate Administrator that have the lowest volume of exports, may not guarantee a loan under this para- shall work with the Department of Com- based upon the most recent data available graph of more than $5,000,000. merce, the Export-Import Bank of the from the Department of Commerce; and ‘‘(ii) FEES.— United States, and the Overseas Private In- (iv) such additional information as the Ad- vestment Corporation to establish shared an- ‘‘(I) IN GENERAL.—For a loan under this ministrator determines is appropriate. paragraph, the Administrator shall collect nual goals for the Export Assistance Centers. (2) DEFINITION.—In this subsection, the ‘‘(4) OVERSIGHT.—The Associate Adminis- the fee assessed under paragraph (23) not term ‘‘export finance specialist’’ has the more frequently than once each year. trator shall designate an individual within meaning given that term in section 22(l) of the Administration to oversee all activities ‘‘(II) UNTAPPED CREDIT.—The Adminis- the Small Business Act, as added by this trator may not assess a fee on capital that is conducted by Administration employees as- title. signed to Export Assistance Centers. not accessed by the small business con- SEC. 1206. INTERNATIONAL TRADE FINANCE PRO- cern.’’. ‘‘(l) DEFINITIONS.—In this section— GRAMS. (a) LOAN LIMITS.— (e) PARTICIPATION IN PREFERRED LENDERS ‘‘(1) the term ‘Associate Administrator’ PROGRAM.—Section 7(a)(2)(C) of the Small means the Associate Administrator for (1) TOTAL AMOUNT OUTSTANDING.—Section 7(a)(3)(B) of the Small Business Act (15 Business Act (15 U.S.C. 636(a)(2)(C)) is amend- International Trade described in subsection ed— (a)(2); U.S.C. 636(a)(3)(B)) is amended by striking ‘‘$1,750,000, of which not more than (1) by redesignating clause (ii) as clause ‘‘(2) the term ‘Export Assistance Center’ (iii); and means a one-stop shop for United States ex- $1,250,000’’ and inserting ‘‘$4,500,000 (or if the gross loan amount would exceed $5,000,000), (2) by inserting after clause (i) the fol- porters established by the United States and lowing: Foreign Commercial Service of the Depart- of which not more than $4,000,000’’. (2) PARTICIPATION.—Section 7(a)(2) of the ‘‘(ii) EXPORT-IMPORT BANK LENDERS.—Any ment of Commerce pursuant to section lender that is participating in the Delegated 2301(b)(8) of the Omnibus Trade and Competi- Small Business Act (15 U.S.C. 636(a)(2)) is amended— Authority Lender Program of the Export-Im- tiveness Act of 1988 (15 U.S.C. 4721(b)(8)); port Bank of the United States (or any suc- ‘‘(3) the term ‘export finance specialist’ (A) in subparagraph (A), in the matter pre- ceding clause (i), by striking ‘‘subparagraph cessor to the Program) shall be eligible to means a full-time equivalent employee of the participate in the Preferred Lenders Pro- Office assigned to an Export Assistance Cen- (B)’’ and inserting ‘‘subparagraphs (B), (D), and (E)’’; gram.’’. ter to carry out the duties described in sub- (B) in subparagraph (D), by striking ‘‘Not- (f) EXPORT EXPRESS PROGRAM.—Section section (e); and withstanding subparagraph (A), in’’ and in- 7(a) of the Small Business Act (15 U.S.C. ‘‘(4) the term ‘Office’ means the Office of serting ‘‘In’’; and 636(a)) is amended by adding at the end the International Trade established under sub- (C) by adding at the end the following: following: section (a)(1).’’. ‘‘(E) PARTICIPATION IN INTERNATIONAL ‘‘(35) EXPORT EXPRESS PROGRAM.— (b) STUDY AND REPORT ON FILLING GAPS IN TRADE LOAN.—In an agreement to participate ‘‘(A) DEFINITIONS.—In this paragraph— HIGH-AND-LOW-EXPORT VOLUME AREAS.— in a loan on a deferred basis under paragraph ‘‘(i) the term ‘export development activity’ (1) STUDY AND REPORT.—Not later than 6 (16), the participation by the Administration includes— months after the date of enactment of this may not exceed 90 percent.’’. ‘‘(I) obtaining a standby letter of credit Act, and every 2 years thereafter, the Ad- (b) WORKING CAPITAL.—Section 7(a)(16)(A) when required as a bid bond, performance ministrator shall— of the Small Business Act (15 U.S.C. bond, or advance payment guarantee; (A) conduct a study of— 636(a)(16)(A)) is amended— ‘‘(II) participation in a trade show that (i) the volume of exports for each State; (1) in the matter preceding clause (i), by takes place outside the United States; (ii) the availability of export finance spe- striking ‘‘in—’’ and inserting ‘‘—’’; ‘‘(III) translation of product brochures or cialists in each State; (2) in clause (i)— catalogues for use in markets outside the (iii) the number of exporters in each State (A) by inserting ‘‘in’’ after ‘‘(i)’’; and United States; that are small business concerns; (B) by striking ‘‘or’’ at the end; ‘‘(IV) obtaining a general line of credit for (iv) the percentage of exporters in each (3) in clause (ii)— export purposes; State that are small business concerns; (A) by inserting ‘‘in’’ after ‘‘(ii)’’; and ‘‘(V) performing a service contract from (v) the change, if any, in the number of ex- (B) by striking the period at the end and buyers located outside the United States; porters that are small business concerns in inserting ‘‘, including any debt that qualifies ‘‘(VI) obtaining transaction-specific fi- each State— for refinancing under any other provision of nancing associated with completing export (I) for the first study conducted under this this subsection; or’’; and orders; subparagraph, during the 10-year period end- (4) by adding at the end the following: ‘‘(VII) purchasing real estate or equipment ing on the date of enactment of this Act; and ‘‘(iii) by providing working capital.’’. to be used in the production of goods or serv- (II) for each subsequent study, during the (c) COLLATERAL.—Section 7(a)(16)(B) of the ices for export; 10-year period ending on the date the study Small Business Act (15 U.S.C. 636(a)(16)(B)) is ‘‘(VIII) providing term loans or other fi- is commenced; amended— nancing to enable a small business concern, (vi) the total value of the exports in each (1) by striking ‘‘Each loan’’ and inserting including an export trading company and an mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE State by small business concerns; the following: export management company, to develop a (vii) the percentage of the total volume of ‘‘(i) IN GENERAL.—Except as provided in market outside the United States; and exports in each State that is attributable to clause (ii), each loan’’; and ‘‘(IX) acquiring, constructing, renovating, small business concerns; and (2) by adding at the end the following: modernizing, improving, or expanding a pro- (viii) the change, if any, in the percentage ‘‘(ii) EXCEPTION.—A loan under this para- duction facility or equipment to be used in of the total volume of exports in each State graph may be secured by a second lien posi- the United States in the production of goods that is attributable to small business con- tion on the property or equipment financed or services for export; and cerns— by the loan or on other assets of the small ‘‘(ii) the term ‘express loan’ means a loan (I) for the first study conducted under this business concern, if the Administrator deter- in which a lender uses to the maximum ex- subparagraph, during the 10-year period end- mines the lien provides adequate assurance tent practicable the loan analyses, proce- ing on the date of enactment of this Act; and of the payment of the loan.’’. dures, and documentation of the lender to VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5554 CONGRESSIONAL RECORD — SENATE June 29, 2010 provide expedited processing of the loan ap- (3) a subscription to services provided by (A) a description of the structure of and plication. the Department of Commerce; procedures for the program; ‘‘(B) AUTHORITY.—The Administrator may (4) the payment of website translation fees; (B) a management plan for the program; guarantee the timely payment of an express (5) the design of international marketing and loan to a small business concern made for an media; (C) a description of the merit-based review export development activity. (6) a trade show exhibition; process to be used in the program. ‘‘(C) LEVEL OF PARTICIPATION.— (7) participation in training workshops; or (2) ANNUAL REPORTS.—The Associate Ad- ‘‘(i) MAXIMUM AMOUNT.—The maximum (8) any other export initiative determined ministrator shall submit an annual report to amount of an express loan guaranteed under appropriate by the Associate Administrator. the Committee on Small Business and Entre- this paragraph shall be $500,000. (c) GRANTS.— preneurship of the Senate and the Com- ‘‘(ii) PERCENTAGE.—For an express loan (1) JOINT REVIEW.—In carrying out the pro- mittee on Small Business of the House of guaranteed under this paragraph, the Admin- gram, the Associate Administrator may Representatives regarding the program, istrator shall guarantee— make a grant to a State to increase the num- which shall include— ‘‘(I) 90 percent of a loan that is not more ber of eligible small business concerns in the (A) the number and amount of grants made than $350,000; and State that export or to increase the value of under the program during the preceding ‘‘(II) 75 percent of a loan that is more than the exports by eligible small business con- year; $350,000 and not more than $500,000.’’. cerns in the State. (B) a list of the States receiving a grant (g) ANNUAL LISTING OF EXPORT FINANCE (2) CONSIDERATIONS.—In making grants under the program during the preceding LENDERS.—Section 7(a)(16) of the Small Busi- under this section, the Associate Adminis- year, including the activities being per- ness Act (15 U.S.C. 636(a)(16)) is amended by trator may give priority to an application by formed with grant; and adding at the end the following: a State that proposes a program that— (C) the effect of each grant on exports by ‘‘(F) LIST OF EXPORT FINANCE LENDERS.— (A) focuses on eligible small business con- eligible small business concerns in the State ‘‘(i) PUBLICATION OF LIST REQUIRED.—The cerns as part of an export promotion pro- receiving the grant. Administrator shall publish an annual list of gram; (h) REVIEWS BY INSPECTOR GENERAL.— the banks and participating lending institu- (B) demonstrates success in promoting ex- (1) IN GENERAL.—The Inspector General of tions that, during the 1-year period ending ports by— the Administration shall conduct a review on the date of publication of the list, have (i) socially and economically disadvan- of— made loans guaranteed by the Administra- taged small business concerns; (A) the extent to which recipients of grants tion under— (ii) small business concerns owned or con- under the program are measuring the per- ‘‘(I) this paragraph; trolled by women; and formance of the activities being conducted ‘‘(II) paragraph (14); or (iii) rural small business concerns; and the results of the measurements; and ‘‘(III) paragraph (34). (C) promotes exports from a State that is (B) the overall management and effective- ‘‘(ii) AVAILABILITY OF LIST.—The Adminis- not 1 of the 10 States with the highest per- ness of the program. trator shall— centage of exporters that are small business (2) REPORT.—Not later than September 30, ‘‘(I) post the list published under clause (i) concerns, based upon the latest data avail- 2012, the Inspector General of the Adminis- on the website of the Administration; and able from the Department of Commerce; and tration shall submit to the Committee on ‘‘(II) make the list published under clause (D) promotes new-to-market export oppor- Small Business and Entrepreneurship of the (i) available, upon request, at each district tunities to the People’s Republic of China for Senate and the Committee on Small Busi- office of the Administration.’’. eligible small business concerns in the ness of the House of Representatives a report (h) APPLICABILITY.—The amendments made United States. regarding the review conducted under para- by subsections (a) through (f) shall apply (3) LIMITATIONS.— graph (1). with respect to any loan made after the date (A) SINGLE APPLICATION.—A State may not (i) AUTHORIZATION OF APPROPRIATIONS.— of enactment of this Act. submit more than 1 application for a grant There is authorized to be appropriated to SEC. 1207. STATE TRADE AND EXPORT PRO- under the program in any 1 fiscal year. carry out the program $30,000,000 for each of MOTION GRANT PROGRAM. (B) PROPORTION OF AMOUNTS.—The total fiscal years 2011, 2012, and 2013. (a) DEFINITIONS.—In this section— value of grants under the program made dur- (j) TERMINATION.—The authority to carry (1) the term ‘‘eligible small business con- ing a fiscal year to the 10 States with the out the program shall terminate 3 years cern’’ means a small business concern that— highest number of exporters that are small after the date on which the Associate Ad- (A) has been in business for not less than business concerns, based upon the latest data ministrator establishes the program. the 1-year period ending on the date on available from the Department of Commerce, SEC. 1208. RURAL EXPORT PROMOTION. which assistance is provided using a grant shall be not more than 40 percent of the under this section; Not later than 6 months after the date of amounts appropriated for the program for enactment of this Act, the Administrator, in (B) is operating profitably, based on oper- that fiscal year. ations in the United States; consultation with the Secretary of Agri- (4) APPLICATION.—A State desiring a grant culture and the Secretary of Commerce, (C) has demonstrated understanding of the under the program shall submit an applica- costs associated with exporting and doing shall submit to the Committee on Small tion at such time, in such manner, and ac- Business and Entrepreneurship of the Senate business with foreign purchasers, including companied by such information as the Asso- the costs of freight forwarding, customs bro- and the Committee on Small Business of the ciate Administrator may establish. House of Representatives a report that con- kers, packing and shipping, as determined by (d) COMPETITIVE BASIS.—The Associate Ad- the Associate Administrator; and tains— ministrator shall award grants under the (D) has in effect a strategic plan for ex- (1) a description of each program of the Ad- program on a competitive basis. porting; (e) FEDERAL SHARE.—The Federal share of ministration that promotes exports by rural (2) the term ‘‘program’’ means the State the cost of an export program carried out small business concerns, including— Trade and Export Promotion Grant Program using a grant under the program shall be— (A) the number of rural small business con- established under subsection (b); (1) for a State that has a high export vol- cerns served by the program; (3) the term ‘‘small business concern owned ume, as determined by the Associate Admin- (B) the change, if any, in the number of and controlled by women’’ has the meaning istrator, not more than 65 percent; and rural small business concerns as a result of given that term in section 3 of the Small (2) for a State that does not have a high ex- participation in the program during the 10- Business Act (15 U.S.C. 632); port volume, as determined by the Associate year period ending on the date of enactment (4) the term ‘‘socially and economically Administrator, not more than 75 percent. of this Act; disadvantaged small business concern’’ has (f) NON-FEDERAL SHARE.—The non-Federal (C) the volume of exports by rural small the meaning given that term in section share of the cost of an export program car- business concerns that participate in the 8(a)(4)(A) of the Small Business Act (15 ried using a grant under the program shall program; and U.S.C. 6537(a)(4)(A)); and be comprised of not less than 50 percent cash (D) the change, if any, in the volume of ex- (5) the term ‘‘State’’ means each of the and not more than 50 percent of indirect ports by rural small businesses that partici- several States, the District of Columbia, the costs and in-kind contributions, except that pate in the program during the 10-year pe- riod ending on the date of enactment of this mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE Commonwealth of Puerto Rico, the Virgin no such costs or contributions may be de- Islands, Guam, and American Samoa. rived from funds from any other Federal pro- Act; (b) ESTABLISHMENT OF PROGRAM.—The As- gram. (2) a description of the coordination be- sociate Administrator shall establish a 3- (g) REPORTS.— tween programs of the Administration and year trade and export promotion pilot pro- (1) INITIAL REPORT.—Not later than 120 other Federal programs that promote ex- gram to be known as the State Trade and days after the date of enactment of this Act, ports by rural small business concerns; Export Promotion Grant Program, to make the Associate Administrator shall submit to (3) recommendations, if any, for improving grants to States to carry out export pro- the Committee on Small Business and Entre- the coordination described in paragraph (2); grams that assist eligible small business con- preneurship of the Senate and the Com- (4) a description of any plan by the Admin- cerns in— mittee on Small Business of the House of istration to market the international trade (1) participation in a foreign trade mission; Representatives a report, which shall in- financing programs of the Administration (2) a foreign market sales trip; clude— through lenders that— VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5555 (A) serve rural small business concerns; quisition Regulation issued under section 25 ‘‘SEC. 44. CONSOLIDATION OF CONTRACT RE- and of such Act to— QUIREMENTS. (B) are associated with financing programs ‘‘(i) establish a Government-wide policy re- ‘‘(a) DEFINITIONS.—In this section— of the Department of Agriculture; garding contract bundling, including regard- ‘‘(1) the term ‘Chief Acquisition Officer’ (5) recommendations, if any, for improving ing the solicitation of teaming and joint ven- means the employee of a Federal agency des- coordination between the counseling pro- tures under paragraph (1); and ignated as the Chief Acquisition Officer for grams and export financing programs of the ‘‘(ii) require that the policy established the Federal agency under section 16(a) of the Administration, in order to increase the vol- under clause (i) be published on the website Office of Federal Procurement Policy Act (41 ume of exports by rural small business con- of each Federal agency. U.S.C. 414(a)); cerns; and ‘‘(B) RATIONALE FOR CONTRACT BUNDLING.— ‘‘(2) the term ‘consolidation of contract re- (6) any additional information the Admin- Not later than 30 days after the date on quirements’, with respect to contract re- istrator determines is necessary. which the head of a Federal agency submits quirements of a Federal agency, means a use SEC. 1209. INTERNATIONAL TRADE COOPERA- data certifications to the Administrator for TION BY SMALL BUSINESS DEVELOP- of a solicitation to obtain offers for a single Federal Procurement Policy, the head of the MENT CENTERS. Federal agency shall publish on the website contract or a multiple award contract to sat- Section 21(a) of the Small Business Act (15 of the Federal agency a list and rationale for isfy 2 or more requirements of the Federal U.S.C. 648(a)) is amended— any bundled contract for which the Federal agency for goods or services that have been (1) by striking ‘‘(2) The Small Business De- agency solicited bids or that was awarded by provided to or performed for the Federal velopment Centers’’ and inserting the fol- the Federal agency. agency under 2 or more separate contracts lowing: ‘‘(3) REPORTING.—Not later than 90 days lower in cost than the total cost of the con- ‘‘(2) COOPERATION TO PROVIDE INTER- after the date of enactment of this sub- tract for which the offers are solicited; and NATIONAL TRADE SERVICES.— section, and every 3 years thereafter, the Ad- ‘‘(3) the term ‘senior procurement execu- ‘‘(A) INFORMATION AND SERVICES.—The ministrator shall submit to the Committee tive’ means an official designated under sec- small business development centers’’; and on Small Business and Entrepreneurship of tion 16(c) of the Office of Federal Procure- (2) in paragraph (2)— the Senate and the Committee on Small ment Policy Act (41 U.S.C. 414(c)) as the sen- (A) in subparagraph (A), as so designated, Business of the House of Representatives a ior procurement executive for a Federal by inserting ‘‘(including State trade agen- report regarding procurement center rep- agency. cies),’’ after ‘‘local agencies’’; and resentatives and commercial market rep- ‘‘(b) POLICY.—The head of each Federal (B) by adding at the end the following: resentatives, which shall— agency shall ensure that the decisions made ‘‘(B) COOPERATION WITH STATE TRADE AGEN- ‘‘(A) identify each area for which the Ad- CIES AND EXPORT ASSISTANCE CENTERS.—A by the Federal agency regarding consolida- ministration has assigned a procurement small business development center that center representative or a commercial mar- tion of contract requirements of the Federal counsels a small business concern on issues ket representative; agency are made with a view to providing relating to international trade shall— ‘‘(B) explain why the Administration se- small business concerns with appropriate op- ‘‘(i) consult with State trade agencies and lected the areas identified under subpara- portunities to participate as prime contrac- Export Assistance Centers to provide appro- graph (A); and tors and subcontractors in the procurements priate services to the small business concern; ‘‘(C) describe the activities performed by of the Federal agency. and procurement center representatives and ‘‘(ii) as necessary, refer the small business ‘‘(c) LIMITATION ON USE OF ACQUISITION commercial market representatives.’’. concern to a State trade agency or an Export STRATEGIES INVOLVING CONSOLIDATION.— (b) TECHNICAL CORRECTION.—Section 15(g) Assistance Center for further counseling or of the Small Business Act (15 U.S.C. 644(g)) is ‘‘(1) IN GENERAL.—Subject to paragraph (4), assistance. amended by striking ‘‘Administrator of the the head of a Federal agency may not carry ‘‘(C) DEFINITION.—In this paragraph, the Office of Federal Procurement Policy’’ each out an acquisition strategy that includes a term ‘Export Assistance Center’ has the place it appears and inserting ‘‘Adminis- consolidation of contract requirements of same meaning as in section 22.’’. trator for Federal Procurement Policy’’. the Federal agency with a total value of Subtitle C—Small Business Contracting (c) REPORT.— more than $2,000,000, unless the senior pro- PART I—CONTRACT BUNDLING (1) IN GENERAL.—Not later than 180 days curement executive or Chief Acquisition Of- after the date of enactment of this Act, the ficer for the Federal agency, before carrying SEC. 1311. SMALL BUSINESS ACT. Comptroller General of the United States out the acquisition strategy— Section 3 of the Small Business Act (15 ‘‘(A) conducts market research; U.S.C. 632), as amended by section 1202, is shall submit to Congress a report regarding the procurement center representative pro- ‘‘(B) identifies any alternative contracting amended by adding at the end the following: gram of the Administration. approaches that would involve a lesser de- ‘‘(v) MULTIPLE AWARD CONTRACT.—In this (2) CONTENTS.—The report submitted under gree of consolidation of contract require- Act, the term ‘multiple award contract’ means— paragraph (1) shall— ments; ‘‘(1) a multiple award task order contract (A) address ways to improve the effective- ‘‘(C) makes a written determination that or delivery order contract that is entered ness of the procurement center representa- the consolidation of contract requirements is into under the authority of sections 303H tive program in helping small business con- necessary and justified; through 303K of the Federal Property and cerns obtain Federal contracts; ‘‘(D) identifies any negative impact by the Administrative Services Act of 1949 (41 (B) evaluate the effectiveness of procure- acquisition strategy on contracting with U.S.C. 253h through 253k); and ment center representatives and commercial small business concerns; and ‘‘(2) any other indefinite delivery, indefi- marketing representatives; and ‘‘(E) certifies to the head of the Federal nite quantity contract that is entered into (C) include recommendations, if any, on agency that steps will be taken to include by the head of a Federal agency with 2 or how to improve the procurement center rep- small business concerns in the acquisition more sources pursuant to the same solicita- resentative program. strategy. tion.’’. (d) ELECTRONIC PROCUREMENT CENTER REP- ‘‘(2) DETERMINATION THAT CONSOLIDATION IS SEC. 1312. LEADERSHIP AND OVERSIGHT. RESENTATIVE.— NECESSARY AND JUSTIFIED.— (a) IN GENERAL.—Section 15 of the Small (1) IN GENERAL.—Not later than 1 year after ‘‘(A) IN GENERAL.—A senior procurement Business Act (15 U.S.C. 644) is amended by the date of enactment of this Act, the Ad- executive or Chief Acquisition Officer may adding at the end the following: ministrator shall implement a 3-year pilot determine that an acquisition strategy in- ‘‘(q) BUNDLING ACCOUNTABILITY MEAS- electronic procurement center representa- volving a consolidation of contract require- URES.— tive program. ments is necessary and justified for the pur- ‘‘(1) TEAMING REQUIREMENTS.—Each Fed- (2) REPORT.—Not later than 30 days after poses of paragraph (1)(C) if the benefits of eral agency shall include in each solicitation the pilot program under paragraph (1) ends, the acquisition strategy substantially exceed for any multiple award contract above the the Comptroller General of the United States the benefits of each of the possible alter- substantial bundling threshold of the Fed- shall submit to the Committee on Small native contracting approaches identified eral agency a provision soliciting bids from Business and Entrepreneurship of the Senate under paragraph (1)(B). mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE any responsible source, including responsible and the Committee on Small Business of the ‘‘(B) SAVINGS IN ADMINISTRATIVE OR PER- small business concerns and teams or joint House of Representatives a report regarding SONNEL COSTS.—For purposes of subpara- ventures of small business concerns. the pilot program. graph (A), savings in administrative or per- ‘‘(2) POLICIES ON REDUCTION OF CONTRACT SEC. 1313. CONSOLIDATION OF CONTRACT RE- sonnel costs alone do not constitute a suffi- BUNDLING.— QUIREMENTS. cient justification for a consolidation of con- ‘‘(A) IN GENERAL.—Not later than 1 year (a) IN GENERAL.—The Small Business Act tract requirements in a procurement unless after the date of enactment of this sub- (15 U.S.C. 631 et seq.) is amended— the expected total amount of the cost sav- section, the Federal Acquisition Regulatory (1) by redesignating section 44 as section ings, as determined by the senior procure- Council established under section 25(a) of the 45; and ment executive or Chief Acquisition Officer, Office of Federal Procurement Policy Act (41 (2) by inserting after section 43 the fol- is expected to be substantial in relation to U.S.C. 4219(a)) shall amend the Federal Ac- lowing: the total cost of the procurement. VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 S5556 CONGRESSIONAL RECORD — SENATE June 29, 2010 ‘‘(3) BENEFITS TO BE CONSIDERED.—The ben- quisition Regulatory Council established U.S.C. 631(a) and 644(g)), and dissemination efits considered for the purposes of para- under section 25(a) of the Office of Federal of best practices for participation of small graphs (1) and (2) may include cost and, re- Procurement Policy Act (41 U.S.C. 421(a)) business concerns in micro-purchases. gardless of whether quantifiable in dollar shall amend the Federal Acquisition Regula- SEC. 1333. AGENCY ACCOUNTABILITY. amounts— tion issued under section 25 of such Act to Section 15(g)(2) of the Small Business Act ‘‘(A) quality; establish a policy on, subcontracting compli- (15 U.S.C. 644(g)(2)) is amended— ‘‘(B) acquisition cycle; ance relating to small business concerns, in- (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; ‘‘(C) terms and conditions; and cluding assignment of compliance respon- (2) by striking ‘‘Goals established’’ and in- ‘‘(D) any other benefit. sibilities between contracting offices, small serting the following: ‘‘(4) DEPARTMENT OF DEFENSE.— business offices, and program offices and ‘‘(B) Goals established’’; ‘‘(A) IN GENERAL.—The Department of De- periodic oversight and review activities. (3) by striking ‘‘Whenever’’ and inserting fense and each military department shall SEC. 1322. SMALL BUSINESS SUBCONTRACTING the following: comply with this section until after the date IMPROVEMENTS. ‘‘(C) Whenever’’; described in subparagraph (C). Section 8(d)(6) of the Small Business Act (4) by striking ‘‘For the purpose of’’ and in- ‘‘(B) RULE.—After the date described in (15 U.S.C. 637(d)(6)) is amended— serting the following: subparagraph (C), contracting by the Depart- (1) in subparagraph (E), by striking ‘‘and’’ ‘‘(D) For the purpose of’’; ment of Defense or a military department at the end; (5) by striking ‘‘The head of each Federal shall be conducted in accordance with sec- (2) in subparagraph (F), by striking the pe- agency, in attempting to attain such partici- tion 2382 of title 10, United States Code. riod at the end and inserting ‘‘; and’’; and pation’’ and inserting the following: ‘‘(C) DATE.—The date described in this sub- (3) by adding at the end, the following: ‘‘(E) The head of each Federal agency, in paragraph is the date on which the Adminis- ‘‘(G) a representation that the offeror or attempting to attain the participation de- trator determines the Department of Defense bidder will— scribed in subparagraph (D)’’. or a military department is in compliance ‘‘(i) make a good faith effort to acquire ar- (6) in subparagraph (E), as so designated— with the Government-wide contracting goals ticles, equipment, supplies, services, or ma- (A) by striking ‘‘(A) contracts’’ and insert- under section 15.’’. terials, or obtain the performance of con- ing ‘‘(i) contracts’’; and (b) TECHNICAL AND CONFORMING AMEND- struction work from the small business con- (B) by striking ‘‘(B) contracts’’ and insert- MENT.—Section 2382(b)(1) of title 10, United cerns used in preparing and submitting to ing ‘‘(ii) contracts’’; and States Code, is amended by striking ‘‘An of- the contracting agency the bid or proposal, (7) by adding at the end the following: ‘‘(F)(i) Each procurement employee or pro- ficial’’ and inserting ‘‘Subject to section in the same amount and quality used in pre- gram manager described in clause (ii) shall 44(c)(4), an official’’. paring and submitting the bid or proposal; communicate to the subordinates of the pro- SEC. 1314. SMALL BUSINESS TEAMS PILOT PRO- and curement employee or program manager the GRAM. ‘‘(ii) provide to the contracting officer a importance of achieving small business (a) DEFINITIONS.—In this section— written explanation if the offeror or bidder goals. (1) the term ‘‘Pilot Program’’ means the fails to acquire articles, equipment, supplies, ‘‘(ii) A procurement employee or program Small Business Teaming Pilot Program es- services, or materials or obtain the perform- manager described in this clause is a senior tablished under subsection (b); and ance of construction work as described in procurement executive, senior program man- (2) the term ‘‘eligible organization’’ means clause (i).’’. ager, or Director of Small and Disadvantaged a well-established national organization for PART III—ACQUISITION PROCESS Business Utilization of a Federal agency hav- small business concerns with the capacity to SEC. 1331. RESERVATION OF PRIME CONTRACT ing contracting authority.’’. provide assistance to small business con- AWARDS FOR SMALL BUSINESSES. SEC. 1334. PAYMENT OF SUBCONTRACTORS. cerns (which may be provided with the as- Section 15 of the Small Business Act (15 Section 8(d) of the Small Business Act (15 sistance of the Administrator) relating to— U.S.C. 644), as amended by this Act, is U.S.C. 637(d)) is amended by adding at the (A) customer relations and outreach; amended by adding at the end the following: end the following: (B) team relations and outreach; and ‘‘(r) MULTIPLE AWARD CONTRACTS.—Not ‘‘(12) PAYMENT OF SUBCONTRACTORS.— (C) performance measurement and quality later than 1 year after the date of enactment ‘‘(A) DEFINITION.—In this paragraph, the assurance. of this subsection, the Administrator for term ‘covered contract’ means a contract re- (b) ESTABLISHMENT.—The Administrator Federal Procurement Policy and the Admin- lating to which a prime contractor is re- shall establish a Small Business Teaming istrator, in consultation with the Adminis- quired to develop a subcontracting plan Pilot Program for teaming and joint ven- trator of General Services, shall, by regula- under paragraph (4) or (5). tures involving small business concerns. tion, establish guidance under which Federal ‘‘(B) NOTICE.— (c) GRANTS.—Under the Pilot Program, the agencies may, at their discretion— ‘‘(i) IN GENERAL.—A prime contractor for a Administrator may make grants to eligible ‘‘(1) set aside part or parts of a multiple covered contract shall notify in writing the organizations to provide assistance and guid- award contract for small business concerns, contracting officer for the covered contract ance to teams of small business concerns including the subcategories of small business if the prime contractor pays a reduced price seeking to compete for larger procurement concerns identified in subsection (g)(2); to a subcontractor for goods and services contracts. ‘‘(2) notwithstanding the fair opportunity upon completion of the responsibilities of (d) CONTRACTING OPPORTUNITIES.—The Ad- requirements under section 2304c(b) of title the subcontractor or the payment to a sub- ministrator shall work with eligible organi- 10, United States Code, and section 303J(b) of contractor is more than 90 days past due for zations receiving a grant under the Pilot the Federal Property and Administrative goods or services provided for the covered Program to recommend appropriate con- Services Act of 1949 (41 U.S.C. 253j(b)), set contract for which the Federal agency has tracting opportunities for teams or joint aside orders placed against multiple award paid the prime contractor. ventures of small business concerns. contracts for small business concerns, in- ‘‘(ii) CONTENTS.—A prime contractor shall (e) REPORT.—Not later than 1 year before cluding the subcategories of small business include the reason for the reduction in a pay- the date on which the authority to carry out concerns identified in subsection (g)(2); and ment to or failure to pay a subcontractor in the Pilot Program terminates under sub- ‘‘(3) reserve 1 or more contract awards for any notice made under clause (i). section (f), the Administrator shall submit small business concerns under full and open ‘‘(C) PERFORMANCE.—A contracting officer to the Committee on Small Business and En- multiple award procurements, including the for a covered contract shall consider the un- trepreneurship of the Senate and the Com- subcategories of small business concerns justified failure by a prime contractor to mittee on Small Business of the House of identified in subsection (g)(2).’’. make a full or timely payment to a subcon- Representatives a report on the effectiveness SEC. 1332. MICRO-PURCHASE GUIDELINES. tractor in evaluating the performance of the of the Pilot Program. Not later than 1 year after the date of en- prime contractor. (f) TERMINATION.—The authority to carry actment of this Act, the Director of the Of- ‘‘(D) CONTROL OF FUNDS.—If the con- out the Pilot Program shall terminate 5 fice of Management and Budget, in coordina- tracting officer for a covered contract deter- years after the date of enactment of this tion with the Administrator of General Serv- mines that a prime contractor has a history Act. ices, shall issue guidelines regarding the of unjustified, untimely payments to con- (g) AUTHORIZATION OF APPROPRIATIONS.— analysis of purchase card expenditures to tractors, the contracting officer shall record mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE There are authorized to be appropriated for identify opportunities for achieving and ac- the identity of the contractor in accordance grants under subsection (c) $5,000,000 for each curately measuring fair participation of with the regulations promulgated under sub- of fiscal years 2010 through 2015. small business concerns in purchases in an paragraph (E). PART II—SUBCONTRACTING INTEGRITY amount not in excess of the micro-purchase ‘‘(E) REGULATIONS.—Not later than 1 year SEC. 1321. SUBCONTRACTING MISREPRESENTA- threshold, as defined in section 32 of the Of- after the date of enactment of this para- TIONS. fice of Federal Procurement Policy Act (41 graph, the Federal Acquisition Regulatory Not later than 1 year after the date of en- U.S.C. 428) (in this section referred to as Council established under section 25(a) of the actment of this Act, the Administrator, in ‘‘micro-purchases’’), consistent with the na- Office of Federal Procurement Policy Act (41 consultation with the Administrator for Fed- tional policy on small business participation U.S.C. 421(a)) shall amend the Federal Acqui- eral Procurement Policy, shall promulgate in Federal procurements set forth in sections sition Regulation issued under section 25 of regulations relating to, and the Federal Ac- 2(a) and 15(g) of the Small Business Act (15 such Act to— VerDate Mar 15 2010 03:33 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S29JN0.REC S29JN0 June 29, 2010 CONGRESSIONAL RECORD — SENATE S5557 ‘‘(i) describe the circumstances under ‘‘(4) REGULATIONS.—The Administrator (ii) information regarding the criteria used which a contractor may be determined to shall promulgate regulations to provide ade- for any revised size standards promulgated have a history of unjustified, untimely pay- quate protections to individuals and business under subparagraph (B); and ments to subcontractors; concerns from liability under this subsection (D) not later than 30 days after the date on ‘‘(ii) establish a process for contracting of- in cases of unintentional errors, technical which the Administrator completes each re- ficers to record the identity of a contractor malfunctions, and other similar situations.’’. view under subparagraph (A), submit to the described in clause (i); and SEC. 1342. ANNUAL CERTIFICATION. Committee on Small Business and Entrepre- ‘‘(iii) require the identity of a contractor Section 3 of the Small Business Act (15 neurship of the Senate and the Committee described in clause (i) to be incorporated in, U.S.C. 632), as amended by section 1341, is on Small Business of the House of Represent- and made publicly available through, the amended by adding at the end the following: atives and make publicly available a report Federal Awardee Performance and Integrity ‘‘(x) ANNUAL CERTIFICATION.— regarding the review, including why the Ad- Information System, or any successor there- ‘‘(1) IN GENERAL.—Each business certified ministrator— to.’’. as a small business concern under this Act (i) used the factors and criteria described SEC. 1335. REPEAL OF SMALL BUSINESS COM- shall annually certify its small business size in subparagraph (C); and PETITIVENESS DEMONSTRATION and, if appropriate, its small business status, (ii) adjusted or did not adjust each size PROGRAM. by means of a confirming entry on the On- standard that was reviewed under the re- (a) IN GENERAL.—The Business Opportunity line Representations and Certifications Ap- view. Development Reform Act of 1988 (Public Law plication database of the Administration, or (2) COMPLETE REVIEW OF SIZE STANDARDS.— 100–656) is amended by striking title VII (15 any successor thereto. The Administrator shall ensure that each U.S.C. 644 note). ‘‘(2) REGULATIONS.—Not later than 1 year size standard for small business concerns es- (b) EFFECTIVE DATE AND APPLICABILITY.— after the date of enactment of this sub- tablished under section 3(a)(2) of the Small The amendment made by this section— section, the Administrator, in consultation Business Act (15 U.S.C. 632(a)(2)) is reviewed (1) shall take effect on the date of enact- with the Inspector General and the Chief under paragraph (1) not less frequently than ment of this Act; and Counsel for Advocacy of the Administration, once every 5 years. (2) apply to the first full fiscal year after (b) RULES.—Not later than 1 year after the shall promulgate regulations to ensure the date of enactment of this Act. date of enactment of this Act, the Adminis- that— trator shall promulgate rules for conducting PART IV—SMALL BUSINESS SIZE AND ‘‘(A) no business concern continues to be the reviews required under subsection (a). STATUS INTEGRITY certified as a small business concern on the SEC. 1345. STUDY AND REPORT ON THE MENTOR- SEC. 1341. POLICY AND PRESUMPTIONS. Online Representations and Certifications PROTEGE PROGRAM. Section 3 of the Small Business Act (15 Application database of the Administration, (a) IN GENERAL.—The Comptroller General U.S.C. 632), as amended by section 1311, is or any successor thereto, without fulfilling of the United States shall conduct a study of amended by adding at the end the following: the requirements for annual certification the mentor-protege program of the Adminis- ‘‘(w) PRESUMPTION.— under this subsection; and tration for small business concerns partici- ‘‘(1) IN GENERAL.—In every contract, sub- ‘‘(B) the requirements of this subsection pating in programs under section 8(a) of the contract, cooperative agreement, coopera- are implemented in a manner presenting the Small Business Act (15 U.S.C. 637(a)), and tive research and development agreement, or least possible regulatory burden on small other relationships and strategic alliances grant which is set aside, reserved, or other- business concerns.’’. pairing a larger business and a small busi- wise classified as intended for award to small SEC. 1343. TRAINING FOR CONTRACTING AND EN- ness concern partner to gain access to Fed- business concerns, there shall be a presump- FORCEMENT PERSONNEL. eral Government contracts, to determine tion of loss to the United States based on the (a) IN GENERAL.—Not later than 1 year whether the programs and relationships are total amount expended on the contract, sub- after the date of enactment of this Act, the effectively supporting the goal of increasing contract, cooperative agreement, coopera- Federal Acquisition Institute, in consulta- the participation of small business concerns tive research and development agreement, or tion with the Administrator for Federal Pro- in Government contracting. grant whenever it is established that a busi- curement Policy, the Defense Acquisition (b) MATTERS TO BE STUDIED.—The study ness concern other than a small business University, and the Administrator, shall de- conducted under this section shall include— concern willfully sought and received the velop courses for acquisition personnel con- (1) a review of a broad cross-section of in- award by misrepresentation. cerning proper classification of business con- dustries; and ‘‘(2) DEEMED CERTIFICATIONS.—The fol- cerns and small business size and status for (2) an evaluation of— lowing actions shall be deemed affirmative, purposes of Federal contracts, subcontracts, (A) how each Federal agency carrying out willful, and intentional certifications of grants, cooperative agreements, and cooper- a program described in subsection (a) admin- small business size and status: ative research and development agreements. isters and monitors the program; ‘‘(A) Submission of a bid or proposal for a (b) POLICY ON PROSECUTIONS OF SMALL (B) whether there are systems in place to Federal grant, contract, subcontract, cooper- BUSINESS SIZE AND STATUS FRAUD.—Section 3 ensure that the mentor-protege relationship, ative agreement, or cooperative research and of the Small Business Act (15 U.S.C. 632), as or similar affiliation, promotes real gain to development agreement reserved, set aside, amended by section 1342, is amended by add- the protege, and is not just a mechanism to or otherwise classified as intended for award ing at the end the following: enable participants that would not otherwise to small business concerns. ‘‘(y) POLICY ON PROSECUTIONS OF SMALL qualify under section 8(a) of the Small Busi- ‘‘(B) Submission of a bid or proposal for a BUSINESS SIZE AND STATUS FRAUD.—Not later ness Act (15 U.S.C. 637(a)) to receive con- Federal grant, contract, subcontract, cooper- than 1 year after the date of enactment of tracts under that section; and this subsection, the Administrator, in con- (C) the degree to which protege businesses ative agreement, or cooperative research and sultation with the Attorney General, shall become able to compete for Federal con- development agreement which in any way issue a Government-wide policy on prosecu- tracts without the assistance of a mentor. encourages a Federal agency to classify the (c) REPORT TO CONGRESS.—Not later than bid or proposal, if awarded, as an award to a tion of small business size and status fraud, which shall direct Federal agencies to appro- 180 days after the date of enactment of this small business concern. Act, the Comptroller General shall submit to ‘‘(C) Registration on any Federal elec- priately publicize the policy.’’.