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                                                                                                                                                                            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
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                                                      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


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                                                      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
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                                                                                                              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.



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                                                      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
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                                                      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



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                                                      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



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                                                      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.



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                                                      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.



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                                                      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
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                                                                                                                                                                    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




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                                                      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-
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                                                      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



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                                                      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
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                                                        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



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                                                      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
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                                                      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



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                                                      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
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                                                      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



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                                                      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.
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                                                      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.




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                                                      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.
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                                                        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.



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                                                      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
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                                                      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



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                                                      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
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                                                           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



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                                                      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



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                                                      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.
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                                                      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



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                                                      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.
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                                                      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.



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                                                      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-
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                                                      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.



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                                                      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
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                                                                                                              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



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                                                      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-
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                                                        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



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                                                      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
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                                                                                                                                                                    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.




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                                                      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
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                                                        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



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                                                      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
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                                                      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.



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                                                      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
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                                                      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.



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                                                      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
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                                                      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



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                                                      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.
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                                                      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,



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                                                      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
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                                                      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.



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                                                      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-
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                                                      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.



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                                                      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.
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                                                      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



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                                                      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-
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                                                      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



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                                                      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
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                                                      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



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                                                      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
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                                                                                                                 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




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                                                      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
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                                                      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.
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                                                      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,




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                                                      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
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                                                      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



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                                                      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
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                                                      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.



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                                                      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
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                                                      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.



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                                                      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.
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                                                      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—




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                                                      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
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                                                      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.




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                                                      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
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                                                      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.



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                                                      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
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                                                        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,




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                                                      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
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                                                                                                                                                                    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




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                                                      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-
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                                                      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.




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                                                      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-
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                                                       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.’’.




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                                                      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-
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                                                        ‘‘(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




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                                                      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.
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                                                      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




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                                                      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
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                                                                                                                                                                    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:




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                                                      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,
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                                                      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)—




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                                                      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-
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                                                        (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—




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                                                      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
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                                                      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




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                                                      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
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                                                      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—




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                                                      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).
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                                                      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.




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                                                      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—




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                                                      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.’’.