[Congressional Record (Bound Edition), Volume 157 (2011), Part 1]
[Senate]
[Pages 1300-1306]
[From the U.S. Government Publishing Office, www.gpo.gov]




    FAA AIR TRANSPORTATION MODERNIZATION AND SAFETY IMPROVEMENT ACT

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will resume consideration of S. 223, which the clerk will report 
by title.
  The legislative clerk read as follows:

       A bill (S. 223) to modernize the air traffic control 
     system, improve the safety, reliability, and availability of 
     transportation by air in the United States, provide for 
     modernization of the air traffic control system, reauthorize 
     the Federal Aviation Administration, and for other purposes.

  Pending:

       Wicker modified amendment No. 14, to exclude employees of 
     the Transportation Security Administration from the 
     collective bargaining rights of Federal employees and provide 
     employment rights and an employee engagement mechanism for 
     passenger and property screeners.
       Blunt amendment No. 5, to require the Under Secretary of 
     Transportation for Security to approve applications from 
     airports to authorize passenger and property screening to be 
     carried out by a qualified private screening company.
       Nelson (FL) amendment No. 34, to strike section 605.
       Paul amendment No. 21, to reduce the total amount 
     authorized to be appropriated for the Federal Aviation 
     Administration for fiscal year 2011 to the total amount 
     authorized to be appropriated for the Administration for 
     fiscal year 2008.
       Rockefeller (for Wyden) amendment No. 27, to increase the 
     number of test sites in the National Airspace System used for 
     unmanned aerial vehicles and to require one of those test 
     sites to include a significant portion of public lands.
       Inhofe amendment No. 6, to provide liability protection to 
     volunteer pilot nonprofit organizations that fly for public 
     benefit and to the pilots and staff of such nonprofit 
     organizations.
       Inhofe amendment No. 7, to require the Administrator of the 
     Federal Aviation Administration to initiate a new rulemaking 
     proceeding with respect to the flight time limitations and 
     rest requirements for supplemental operations before any of 
     such limitations or requirements be altered.
       Rockefeller (for Ensign) amendment No. 32, to improve 
     provisions relating to certification and flight standards for 
     military remotely piloted aerial systems in the National 
     Airspace System.
       McCain amendment No. 4, to repeal the essential air service 
     program.
       Rockefeller (for Leahy) amendment No. 50, to amend title 1 
     of the Omnibus Crime Control and Safe Streets Act of 1968 to 
     include nonprofit and volunteer ground and air ambulance crew 
     members and first responders for certain benefits, and to 
     clarify the liability protection for volunteer pilots that 
     fly for public benefit.

  The ACTING PRESIDENT pro tempore. The majority leader.


                       Amendments Nos. 54 and 55

  Mr. REID. Madam President, I ask unanimous consent to set aside the 
pending amendment so I can call up amendments Nos. 54 and 55.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The clerk will report the amendments en bloc.
  The legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid] proposes en bloc 
     amendments numbered 54 and 55.

  The amendments are as follows:


                            AMENDMENT NO. 54

(Purpose: To allow airports that receive airport improvement grants for 
the purchase of land to lease the land and develop the land in a manner 
               compatible with noise buffering purposes)

       On page 27, strike line 11 and all that follows through 
     ``or transfer'' on line 23, and insert the following:
       (2) in subsection (c)--
       (A) in paragraph (2)--
       (i) in subparagraph (A)(i), by striking ``purpose;'' and 
     inserting the following: ``purpose, which includes serving as 
     noise buffer land that may be--
       ``(I) undeveloped; or
       ``(II) developed in a way that is compatible with using the 
     land for noise buffering purposes;''; and
       (ii) in subparagraph (B)(iii), by striking ``paid to the 
     Secretary for deposit in the Fund if another eligible project 
     does not exist.'' and inserting ``reinvested in another 
     project at the airport or transferred to another airport as 
     the Secretary prescribes.'';
       (B) by redesignating paragraph (3) as paragraph (5); and
       (C) by inserting after paragraph (2) the following:
       ``(3)(A) A lease by an airport owner or operator of land 
     acquired for a noise compatibility purpose using a grant 
     provided under this subchapter shall not be considered a 
     disposal for purposes of paragraph (2).
       ``(B) The airport owner or operator may use revenues from a 
     lease described in subparagraph (A) for ongoing airport 
     operational and capital purposes.
       ``(C) The Administrator of the Federal Aviation 
     Administration shall coordinate with each airport owner or 
     operator to ensure that leases described in subparagraph (A) 
     are consistent with noise buffering purposes.
       ``(D) The provisions of this paragraph apply to all land 
     acquired before, on, or after the date of the enactment of 
     this paragraph.
       ``(4) In approving the reinvestment or transfer


                            amendment no. 55

 (Purpose: To require the Secretary of the Interior to convey certain 
             Federal land to the city of Mesquite, Nevada)

         On page 311, between lines 11 and 12, insert the 
     following:

     SEC. 7__. CONVEYANCE OF LAND TO CITY OF MESQUITE, NEVADA.

       (a) Definitions.--
       (1) City.--The term ``city'' means the city of Mesquite, 
     Nevada.
       (2) Map.--The term ``map'' means the map entitled 
     ``Mesquite Airport Conveyance'' and dated February 6, 2011.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Bureau of Land 
     Management.
       (b) Conveyance of Land to City.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, subject to valid existing rights, and 
     notwithstanding the land use planning requirements of 
     sections 202 and 203 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary 
     shall convey to the city, without consideration, all right, 
     title, and interest of the United States in and to the land 
     described in paragraph (2).
       (2) Description of land.--The land referred to in paragraph 
     (1) consists of land managed by the Bureau of Land Management 
     described on the map as ``Remnant Parcel''.
       (3) Map and legal description.--
       (A) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall finalize the legal 
     description of the parcel to be conveyed under this section.
       (B) Minor errors.--The Secretary may correct any minor 
     error in--
       (i) the map; or
       (ii) the legal description.
       (C) Availability.--The map and legal description shall be 
     on file and available for public inspection in the 
     appropriate offices of the Bureau of Land Management.
       (4) Costs.--The Secretary shall require the city to pay all 
     costs necessary for the preparation and completion of any 
     patents for, and transfers of title to, the land described in 
     paragraph (2).
       (5) Withdrawal.--Subject to valid existing rights, until 
     the date of the conveyance under paragraph (1), the parcel of 
     public land described in paragraph (2) is withdrawn from--
       (A) location, entry, and patent under the public land 
     mining laws; and
       (B) operation of the mineral leasing, geothermal leasing, 
     and mineral materials laws.
       (6) Reversion.--If the land conveyed under paragraph (1) 
     ceases to be used by the city for the purposes described in 
     section 3(f) of Public Law 99-548 (100 Stat. 3061), the land

[[Page 1301]]

     shall, at the discretion of the Secretary, revert to the 
     United States.

  The ACTING PRESIDENT pro tempore. The Senator from New Mexico.


                            Amendment No. 49

  Mr. UDALL of New Mexico. Madam President, I ask unanimous consent to 
set aside the pending amendment so that I may call up my amendment No. 
49, which is at the desk.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The clerk will report.
  The legislative clerk read as follows:

       The Senator from New Mexico [Mr. Udall] proposes an 
     amendment numbered 49.

  Mr. UDALL of New Mexico. I ask unanimous consent that the reading of 
the amendment be dispensed with.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment is as follows:

(Purpose: To authorize Dona Ana County, New Mexico, to exchange certain 
           land conveyed to the County for airport purposes)

       At the appropriate place insert the following:

     SEC. ----. DONA ANA COUNTY AIRPORT.

       (a) In General.--Notwithstanding section 23 of the Airport 
     and Airway Development Act of 1970 (as in effect on August 4, 
     1982), or sections 47125 and 27153 of title 49, United States 
     Code, the Secretary of Transportation may, subject to 
     subsection (b), grant releases from any of the terms, 
     conditions, reservations, and restrictions contained in the 
     deed of conveyance numbered 30-82-0048 and dated August 4, 
     1982, under which the United States conveyed certain land to 
     Dona Ana County, New Mexico, for airport purposes.
       (b) Conditions.--Any release granted by the Secretary under 
     subsection (a) shall be subject to the following conditions:
       (1) The County shall agree that in conveying any interest 
     in the land that the United States conveyed to the County by 
     the deed described in subsection (a), the County shall 
     receive an amount for the interest that is equal to the fair 
     market value.
       (2) Any amount received by the County for the conveyance 
     shall be used by the County for the development, improvement, 
     operation, or maintenance of the airport.

  Mr. UDALL of New Mexico. Madam President, this amendment is simple. 
It provides for a no-cost, fair-value land exchange between Dona Ana 
County in southern New Mexico and the adjacent property owners.
  The Dona Ana County airport in Santa Teresa is a key component for 
economic growth in the region.
  Unfortunately, when the land patent was granted to the county in 
1982, it was described in aliquot parts. This created several triangles 
of land that have been difficult to improve because they meet at their 
corners an do not share common boundaries.
  The county has requested the land exchange so that they may create a 
secondary access to the airport for general aviation. This new access 
would separate general vehicle traffic from taxiing aircraft.
  The land exchange will also provide an alternate entry to the 
airport's fuel farm. And it will allow the county to expand airport 
capabilities to meet the needs of this growing community.
  This region of New Mexico is growing and the airport needs to be able 
to expand to meet increased demand.
  This land exchange will help achieve that goal and will improve the 
economic opportunities in this region. I hope my colleagues will concur 
that this amendment should be agreed to.


                            Amendment No. 51

  Mr. UDALL of New Mexico. Madam President, I ask unanimous consent to 
set aside the pending amendment so that I may call up amendment No. 51, 
which is at the desk.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The clerk will report.
  The legislative clerk read as follows:

       The Senator from New Mexico [Mr. Udall] proposes an 
     amendment numbered 51.

  Mr. UDALL of New Mexico. I ask unanimous consent that the reading of 
the amendment be dispensed with.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment is as follows:

  (Purpose: To require that all advanced imaging technology used as a 
  primary screening method for passengers be equipped with automatic 
                      target recognition software)

       On page 311, between lines 11 and 12, insert the following:

     SEC. 733. PRIVACY PROTECTIONS FOR AIRCRAFT PASSENGER 
                   SCREENING WITH ADVANCED IMAGING TECHNOLOGY.

       (a) In General.--Section 44901 is amended by adding at the 
     end the following:
       ``(l) Limitations on Use of Advanced Imaging Technology for 
     Screening Passengers.--
       ``(1) In general.--The Assistant Secretary of Homeland 
     Security (Transportation Security Administration) shall 
     ensure that advanced imaging technology is used for the 
     screening of passengers under this section only in accordance 
     with this subsection.
       ``(2) Implementation of automated target recognition 
     software.--Beginning January 1, 2012, all advanced imaging 
     technology used as a primary screening method for passengers 
     shall be equipped with automatic target recognition software.
       ``(3) Definitions.--In this subsection:
       ``(A) Advanced imaging technology.--The term `advanced 
     imaging technology'--
       ``(i) means a device that creates a visual image of an 
     individual's body and reveals other objects on the body as 
     applicable, including narcotics, explosives, and other 
     weapons components; and
       ``(ii) includes devices using backscatter x-rays or 
     millimeter waves and devices referred to as `whole-body 
     imaging technology' or `body scanning'.
       ``(B) Automatic target recognition software.--The term 
     `automatic target recognition software' means software 
     installed on an advanced imaging technology machine that 
     produces a generic image of the individual being screened 
     that is the same as the images produced for all other 
     screened individuals.
       ``(C) Primary screening.--The term `primary screening' 
     means the initial examination of any passenger at an airport 
     checkpoint, including using available screening technologies 
     to detect weapons, explosives, narcotics, or other 
     indications of unlawful action, in order to determine whether 
     to clear the passenger to board an aircraft or to further 
     examine the passenger.''.
       (b) Report.--
       (1) In general.--Not later than March 1, 2012, the 
     Assistant Secretary of Homeland Security (Transportation 
     Security Administration) shall submit to the appropriate 
     congressional committees a report on the implementation of 
     section 44901(l) of title 49, United States Code, as added by 
     subsection (a).
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A description of all matters the Assistant Secretary 
     considers relevant to the implementation of such section.
       (B) The status of the compliance of the Transportation 
     Security Administration with the provisions of such section.
       (C) If the Administration is not in full compliance with 
     such provisions--
       (i) the reasons for such non-compliance; and
       (ii) a timeline depicting when the Assistant Secretary 
     expects the Administration to achieve full compliance.
       (3) Security classification.--The report required by 
     paragraph (1) shall be submitted, to the greatest extent 
     practicable, in an unclassified format, with a classified 
     annex, if necessary.
       (4) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Commerce, Science, and Transportation 
     and Committee on Homeland Security and Governmental Affairs 
     of the Senate; and
       (B) the Committee on Homeland Security of the House of 
     Representatives.

  Mr. UDALL of New Mexico. Madam President, this amendment would 
significantly improve the privacy protections for passengers being 
screened by TSA whole body scanners, also referred to as advanced, 
imagining technology, or AIT.
  In 2010, the TSA greatly expanded the use of AIT machines at airport 
checkpoints around the United States.
  The image produced by an AIT machine is highly revealing and many 
passengers are uncomfortable being screened by the technology. 
Unfortunately, TSA's policy for passengers who refuse AIT screening is 
to conduct a full pat-down, hardly an ideal alternative for someone 
with privacy concerns.
  There is a promising option to address the ongoing privacy concerns 
with AIT. New software, called automatic target recognition, can be 
installed on existing AIT machines to enhance privacy by eliminating 
passenger-specific images and instead detecting potential threat items 
and indicating their location on a generic outline of a person.
  This month, TSA will begin testing the new software at Las Vegas 
McCarran International Airport,

[[Page 1302]]

Hartsfield Jackson Atlanta International, and Ronald Reagan Washington 
National Airport.
  Senate amendment No. 51 would require TSA to have automatic target 
recognition software installed on all AIT machines by January 1, 2012. 
This will provide ample time for TSA to thoroughly field test the 
software and work with the manufacturers to make necessary adjustments.
  However, by imposing a deadline, it will ensure that TSA and the 
manufacturers make the implementation of the software a priority and 
will eliminate the potential for unnecessary delay.
  This is an issue that has received bi-partisan attention and I hope 
that this amendment will receive strong support from both sides of the 
aisle.
  In closing, I would like to thank my chairman and ranking member for 
their hard work on the underlying bill.
  It is an honor to serve with them and I look forward to working 
together on the many important issues before the committee.
  Just to conclude, I thank our chairman of the Commerce Committee, Jay 
Rockefeller. I think both Chairman Rockefeller and ranking member Kay 
Bailey Hutchison have done an excellent job on this FAA authorization 
bill. I do not have any doubt that they, working in the committee, have 
pulled us all together. It is a remarkable bill because it is a job-
creating bill. It is a bill that we need right now with the economic 
slowdown we have in America.
  The other aspect of this bill that I think is very important is 
updating the air traffic control system. That is something that is 
terribly important. It is called NextGen. We are moving on to the next 
generation of air traffic control. I think it is important to remind 
people that we are behind the country of Mongolia when it comes to air 
traffic control. So it is very important that we get this bill passed.
  I agree with Leader Reid when he said we cannot be on this forever. 
We need to move it along. I look forward to helping with that process.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from West Virginia.
  Mr. ROCKEFELLER. Madam President, I want to reiterate something the 
leader has said and what the Senator from New Mexico said; that is, the 
vast importance of this bill. I have said many times on this floor 
there are 11 million people who work for the aviation industry. That is 
only the direct jobs. There are probably 2 or 3 million indirect jobs. 
It is one of the major parts of our economy.
  Here we stand, after 17 delays sort of kicking it down the road for 3 
months, completely messing up FAA's ability to work with runways or 
make improvements. We cannot fiddle around with runways. If something 
goes wrong, they have to be fixed or people die. So the stakes are 
enormous. This business of slots has become a decision people will have 
to make. Do they want to see a bill which fails, which goes down, and 
we go into our 18th or 19th, whatever it is--I have stopped counting--
or do they want to see something which is major to the American 
economy, major in terms of NASA research, in terms of air traffic 
control systems and which is major in terms of a passenger bill of 
rights. We have a lot of people stuck. I drove back from Clarksburg, 
WV, to Washington on Saturday. The reason I drove back is I was so sick 
of that airline that comes out of Clarksburg getting canceled or having 
mechanical problems, which means they probably didn't have enough 
passengers because we are a small State. We often don't have enough 
passengers to meet the bottom line. I drove back. It was 6\1/2\ hours. 
That was fine. I am prepared to do that. I hate doing that because it 
is a waste of my time. But the stakes are here.
  This is huge, this bill. We have one good amendment, which we will do 
this morning when Senator Nelson of Florida comes down, and then I 
think we have to proceed. I appreciate the majority leader being quite 
tough about all this and saying he is going to lay down cloture. He 
doesn't want to fool around with this bill. There is only one part of 
this bill which is in any way contentious. That is slots. That has much 
more to do with campaign commitments than with the good of the Nation.
  Nobody gets everything they want. In West Virginia we get almost 
nothing. I don't complain. I understand we are at the end of the food 
chain because we are a little State. Whenever there is a recession or 
airlines aren't doing very well financially because of fuel prices, we 
get cut off. My view about that is sort of more bitter but more maybe 
widespread and trying to look at the public good in general. As the 
tide rises, all the boats rise.
  I strongly plead with Senators to consider the broader national 
interest and air traffic control system, which is digitalized GPS and 
which is three or four times more safe. I know whenever there is a near 
miss in the airways, when somebody has not calculated the distance 
correctly, either the pilot or the air traffic controller, I know about 
those things. They happen very frequently. There were several in the 
papers last week. We are playing with life and death. We are playing 
with the major exporter, by far the major exporter the United States 
has to other countries in terms of products and goods. Yet people sort 
of want to have just what they want to have because that is what they 
said last year, and they can't back off because, if they did, they 
would look weak or they are trying to protect a certain airline.
  This, to me, is not about airlines. It is about passengers. The heck 
with airlines. We need to have more passengers going west because the 
West is growing faster than the East. They are underserved. There is 
one flight a day from DC to Los Angeles. That doesn't make any sense. 
All these things can be cured if people will be reasonable and not try 
to win out over some other group, some other constituency. My 
constituency is the national interest in this bill.
  I don't mean to sound prudish, but I so say and believe very deeply.
  If it is all right with the Presiding Officer, I will yield the floor 
to Senator Ben Nelson. He will make his amendment pending and then 
debate on the Nelson of Florida amendment will start at about 10:20.


                            Amendment No. 58

  The ACTING PRESIDENT pro tempore. The Senator from Nebraska.
  Mr. NELSON of Nebraska. I call up the amendment at the desk.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The clerk will report.
  The legislative clerk read as follows:

       The Senator from Nebraska [Mr. Nelson], for himself, Mr. 
     Schumer, Mr. Akaka, Mrs. Shaheen, Mr. Tester, Mr. Whitehouse, 
     and Mr. Menendez, proposes an amendment numbered 58.

  Mr. NELSON of Nebraska. I ask unanimous consent that reading of the 
amendment be dispensed with.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment is as follows:

 (Purpose: To impose a criminal penalty for unauthorized recording or 
   distribution of images produced using advanced imaging technology 
during screenings of individuals at airports and upon entry to Federal 
                               buildings)

       At the end of title VII, add the following:

     SEC. 733. CRIMINAL PENALTY FOR UNAUTHORIZED RECORDING OR 
                   DISTRIBUTION OF SECURITY SCREENING IMAGES.

       (a) In General.--Part I of title 18, United States Code, is 
     amended by adding at the end the following:

  ``CHAPTER 124--UNAUTHORIZED RECORDING AND DISTRIBUTION OF SECURITY 
                            SCREENING IMAGES

``Sec.
``2731. Criminal penalty for unauthorized recording and distribution of 
              security screening images.

     ``SEC. 2731. CRIMINAL PENALTY FOR UNAUTHORIZED RECORDING AND 
                   DISTRIBUTION OF SECURITY SCREENING IMAGES.

       ``(a) In General.--Except as specifically provided in 
     subsection (b), it shall be unlawful for an individual--
       ``(1) to photograph or otherwise record an image produced 
     using advanced imaging technology during the screening of an 
     individual at an airport, or upon entry into any building 
     owned or operated by the Federal Government, without express 
     authorization pursuant to a Federal law or regulation; or

[[Page 1303]]

       ``(2) to knowingly distribute any such image to any 
     individual who is not authorized pursuant to a Federal law or 
     regulation to receive the image.
       ``(b) Exceptions.--The prohibition under subsection (a) 
     shall not apply to an individual who, during the course and 
     within the scope of the individual's employment, records or 
     distributes an image described in subsection (a) solely to be 
     used in a criminal investigation or prosecution or in an 
     investigation relating to foreign intelligence or a threat to 
     the national security.
       ``(c) Penalty.--An individual who violates the prohibition 
     in subsection (a) shall be fined under this title, imprisoned 
     for not more than 1 year, or both.
       ``(d) Definitions.--In this section:
       ``(1) Advanced imaging technology.--The term `advanced 
     imaging technology'--
       ``(A) means a device that creates a visual image of an 
     individual showing the surface of the skin and revealing 
     other objects on the body; and
       ``(B) may include devices using backscatter x-rays or 
     millimeter waves and devices referred to as `whole-body 
     imaging technology' or `body scanning'.
       ``(2) Foreign intelligence; threat to the national 
     security.--The terms `foreign intelligence' and `threat to 
     the national security' have the meanings given those term in 
     part VII of the guidelines entitled `The Attorney General's 
     Guidelines for Domestic FBI Operations', dated September 29, 
     2008, or any successor thereto.''.
       (b) Technical and Conforming Amendment.--The table of 
     chapters for part I of title 18, United States Code, is 
     amended by inserting after the item relating to chapter 123 
     the following:

``124. Unauthorized recording and distribution of security screening 
    images..................................................2731''.....

  Mr. NELSON of Nebraska. Madam President, the amendment Senators 
Schumer, Akaka, Shaheen, Tester, Whitehouse, Menendez, and I have 
offered is a commonsense approach to address the serious issue of 
protecting individuals' privacy when they pass through security 
checkpoints at both airports and public buildings. Senator Schumer and 
I have been working on this issue for some time, and I appreciate very 
much his input and counsel in taking this approach. I appreciate the 
support of the additional sponsors as well as the Presiding Officer, 
who is one of those sponsors.
  By creating a deterrent and establishing criminal penalties for those 
who take and distribute body scan images inappropriately, we will help 
protect the American people's privacy while making sure we are using 
every resource available to try and assure their safety at the same 
time.
  This is not an abstract concern. There has already been a case where 
these images, some 30,000, have been taken and posted, some of them, 
online inappropriately. It is our hope this amendment will help prevent 
that from occurring again.
  By including this amendment in the FAA reauthorization, we are 
telling our constituents we will not ignore their privacy in the 
process of making sure we have safe airports and Federal buildings. 
That is what they are asking of us. That is what we are going to 
deliver. I ask my colleagues to support our amendment when it comes up 
for a rollcall vote.
  I yield the floor.


                            Amendment No. 34

  The ACTING PRESIDENT pro tempore. Under the previous order, there 
will now be 10 minutes of debate, equally divided, between the Senator 
from Florida and the Senator from Texas or their designees.
  Who yields time?
  The Senator from Texas.
  Mrs. HUTCHISON. Madam President, while Senators are getting ready to 
speak, we have made good progress on the bill. Amendments are now 
coming in. Cloture is going to be filed Monday, so we need to have all 
the relevant amendments in by then.
  I support the Nelson of Florida amendment on which we will vote at 
10:30. We agreed last year, in a preconference meeting, that the 
amendment he has to drop language from the bill would be dropped. I 
support the amendment. The NASA Reauthorization Act has intervened, and 
that is the law of the land. It was passed unanimously by the Senate. I 
believe the Nelson of Florida amendment is a good one.
  I yield the floor.
  Mr. ROCKEFELLER. Madam President, I yield time to the distinguished 
Senator from Ohio.
  The ACTING PRESIDENT pro tempore. The Senator from Ohio.
  Mr. BROWN of Ohio. Madam President, I rise in support of the Nelson 
amendment. The amendment would strike section 605, as Senator Hutchison 
said, from the FAA bill. Section 605 would establish an advisory 
committee on the future of aeronautics to, among other things, consider 
transferring responsibility for civil aeronautics research and 
development from NASA to other existing departments. The sole purpose 
is to take away aeronautics from NASA. That is unacceptable. It belies 
the very purpose of NASA in our space and aeronautics mission. NASA 
stands for the National Aeronautics and Space Administration. His 
amendment ensures that NASA stays that way. This is a question of 
maintaining our space, aeronautics, and economic competitiveness.
  Remember, one of our Nation's top manufacturing exports--and we don't 
export nearly enough manufactured goods--is aerospace, which includes 
civilian aircraft components. Ohio is the center for the aerospace 
industry. We make billions of dollars in components both for Boeing and 
Airbus and many other manufacturers. Section 605 would jeopardize 
America's dominance in aerospace and would shift the programs that have 
strengthened our Nation's global leadership away from the experience 
and expertise at NASA. A consortium of nonprofits and colleges and 
private corporations and other government agencies can be effective and 
have been effective to promote public-private partnerships and economic 
development. But none of these entities, either by themselves or even 
working together, will ever be able to conduct aerospace and 
aeronautics research and development better than NASA. Its fundamental 
aeronautics research capability is already fully integrated. It ensures 
the future success of NASA space missions.
  Furthermore, section 605 is in direct contradiction to the NASA 
Authorization Act of 2010, which reaffirmed that aeronautics research 
remains vital to NASA's mission and deserves continued support. Simply 
put, section 605 jeopardizes not only the future of NASA but America's 
dominance in the global aerospace marketplace.
  NASA centers across the country are unique in their ability to 
leverage space and aviation systems through their experienced technical 
researchers. These NASA centers in Cleveland and nine other places 
around the country are stewards and operators of the Nation's civil 
aeronautics R&D test infrastructure.
  I applaud Senator Nelson of Florida for offering this amendment and 
his leadership on the Science and Space Committee.
  I ask my colleagues to join Senator Hutchison and me in supporting 
the amendment.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Texas.
  Mrs. HUTCHISON. Madam President, I yield to Senator Paul to allow him 
to offer an amendment into the pending amendments so we will have that 
done before cloture is filed.
  The ACTING PRESIDENT pro tempore. The Senator from Kentucky.


                            Amendment No. 18

  Mr. PAUL. I ask unanimous consent to set aside the pending amendment 
and call up amendment 18.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The clerk will report.
  The legislative clerk read as follows:

       The Senator from Kentucky [Mr. Paul] proposes an amendment 
     numbered 18.

  Mr. PAUL. I ask unanimous consent that reading of the amendment be 
dispensed with.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment is as follows:

(Purpose: To strike the provisions relating to clarifying a memorandum 
 of understanding between the Federal Aviation Administration and the 
             Occupational Safety and Health Administration)

       Strike section 509.

  Mr. PAUL. Madam President, the amendment I am offering is to continue 
to have the airlines exempt from

[[Page 1304]]

OSHA. This isn't because I am not concerned with safety. It is that we 
have been doing it this way for 30 or 40 years. The FAA voluntarily 
adheres to OSHA standards in their own manual. I take the President and 
the opposing party at their word that they are concerned with adding 
frivolous paperwork and frivolous regulations when, in reality, we are 
not doing anything to add to safety since the FAA is already adhering 
to these standards through their own manual. I also suspect that the 
FAA may be a little bit better in learning to have their own safety 
manuals and regulations than would OSHA since they specifically have 
been involved in this.
  We would like to ask Members to vote against allowing OSHA to become 
involved in the FAA.
  I yield the floor.


                            Amendment No. 34

  The ACTING PRESIDENT pro tempore. The Senator from Florida.
  Mr. NELSON of Florida. Madam President, do I need to set aside the 
pending amendment to call up amendment 34?
  The ACTING PRESIDENT pro tempore. The amendment is now pending, under 
the previous order.
  Mr. NELSON of Florida. Madam President, others have already spoken on 
this amendment. It is to take out unnecessary language in the bill that 
has been superseded by the NASA authorization bill we have passed. The 
letters in NASA, the first A is aeronautics, the National Aeronautics 
and Space Administration. Aeronautics research is a big part of the 
NASA bill. We have plussed up a lot of money for aeronautics research. 
There is superfluous language in the bill about a study. Other studies 
have already been done. We want to get rid of that redtape.
  I ask for the yeas and nays.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. ROCKEFELLER. Madam President, we yield back any remaining time on 
our side.
  Mrs. HUTCHISON. Madam President, we yield back.
  The ACTING PRESIDENT pro tempore. The question is on agreeing to the 
Nelson amendment No. 34.
  The yeas and nays have been ordered.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Wisconsin (Mr. Kohl), 
the Senator from Connecticut (Mr. Lieberman), and the Senator from New 
Jersey (Mr. Menendez) are necessarily absent.
  The PRESIDING OFFICER (Mr. Rockefeller). Are there any other Senators 
in the Chamber desiring to vote?
  The result was announced--yeas 96, nays 1, as follows:

                      [Rollcall Vote No. 14 Leg.]

                                YEAS--96

     Akaka
     Alexander
     Ayotte
     Barrasso
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Blunt
     Boozman
     Boxer
     Brown (MA)
     Brown (OH)
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coats
     Cochran
     Collins
     Conrad
     Coons
     Corker
     Cornyn
     Crapo
     DeMint
     Durbin
     Ensign
     Enzi
     Feinstein
     Franken
     Gillibrand
     Graham
     Grassley
     Hagan
     Harkin
     Hatch
     Hoeven
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johanns
     Johnson (SD)
     Johnson (WI)
     Kerry
     Kirk
     Klobuchar
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Lee
     Levin
     Lugar
     Manchin
     McCain
     McCaskill
     McConnell
     Merkley
     Mikulski
     Moran
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Paul
     Portman
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Rockefeller
     Rubio
     Sanders
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Stabenow
     Tester
     Thune
     Toomey
     Udall (CO)
     Udall (NM)
     Vitter
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                                NAYS--1

       
     Coburn
       

                             NOT VOTING--3

     Kohl
     Lieberman
     Menendez
  The amendment (No. 34) was agreed to.
  The PRESIDING OFFICER. The motion to reconsider is laid upon the 
table.
  The Senator from Kansas is recognized.
  Mr. ROBERTS. Mr. President, I ask unanimous consent that I may 
proceed for 10 minutes as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


            Honoring the 1st Infantry Division at Fort Riley

  Mr. ROBERTS. Mr. President, I rise today to honor the hard work and 
dedication of our men and women in the U.S. Army and all branches of 
service.
  Just a couple of weeks ago, I had the pleasure of attending the 
uncasing ceremony at Fort Riley, KS. It was an honor. For those who 
have not attended an uncasing ceremony, it symbolizes a homecoming, and 
certainly that was the case at Fort Riley. It signifies the presence of 
the command and resumption of that command's authority. It offers a 
time to reflect on the heroic efforts and the leadership of the men and 
women of the Big First.
  Since returning to Kansas in 2006, the 1st Infantry Division's 
headquarters deployed to Iraq. But this was not the first time the 
division has uncased its colors at Fort Riley. In fact, it was the 
fifth time in 55 years.
  During their time in Basra, Iraq, the men and women of the Big Red 
One assisted in completing many vital projects.
  Approximately 850 soldiers deployed from Fort Riley in February of 
last year. The division's efforts were supported by other services and 
also government agencies. The mission was more offensive than 
defensive--a change for the men and women of the Big Red One.
  To quote Fort Riley's outstanding commanding general, MG Vincent 
Brooks:

       The Big Red One as U.S. Division-South was a trusted 
     partner to the Iraqi Security Forces, to 9 U.S. Provincial 
     reconstruction teams led by the U.S. Department of State, 
     with participants from other agencies of the U.S. Government, 
     and to other U.S. forces in Iraq, the Big Red One ensured 
     that the hard-earned stability emerging in Iraq would never 
     drift away. Their success was our success.

  The accomplishments of the Big Red One are numerous and merit the 
attention of my colleagues.
  The division assisted Iraqis in completing the Basra Children's 
Hospital, a cancer center noted as one of the most modern facilities in 
the Middle East.
  I was fortunate to spend time at the ceremony with about 30 soldiers 
in the unit. One noncommissioned officer in particular stood out. I 
asked all of them how many deployments they had made to Iraq or, for 
that matter, Afghanistan, and the answers were two or three or four. 
But this one noncommissioned officer had five deployments. I asked him 
what on Earth was wrong with the deployment situation in his case. He 
said: Oh, no, I wanted to come back to my unit, to the Big Red One; I 
wanted to come back to Iraq and continue the work I thought was so 
important. I asked him what the difference was, and he said: Well, when 
I was here first in Iraq, we lost nine in our unit; nine paid the 
ultimate sacrifice. But in this deployment, no shots were fired.
  If there ever was testimony from somebody on the front line, and 
obviously the NCOs run the Army, with due respect to the officers, but 
he summed it up pretty well: first deployment, nine fatalities; last 
deployment, no shots fired.
  I am truly grateful that all of the soldiers deployed from the Big 
Red One's division headquarters returned safe this time around.
  By the way, General Vincent Brooks, remember that name as I am sure 
you will hear it again, will soon be receiving his third star and will 
be reassigned to the Central Command. Anyone who knows General Brooks 
and his wife, Dr. Carole Brooks, is not surprised. This promotion in 
the new command comes as no surprise to anyone in the area, especially 
the people who served under General Brooks and have had the privilege 
of knowing him. Simply put, he is an inspirational leader with an 
outstanding record.
  From the Kansas congressional delegation, General, well done, sir. 
You will be missed, but our pride in your success, your future success, 
and the job you have done and the job you will do make us all proud. It 
is a pride we all share.

[[Page 1305]]

  I ask unanimous consent to have General Brooks's comments printed in 
the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                          1ID Colors Uncasing

                       (By MG Brooks, 20 Jan. 10)

       Good morning ladies and gentlemen. I want to first thank 
     the division band, the CG's Mounted Color Guard, Salute 
     Battery outside in the cold air--you both look and sound 
     great. You look and sound great and you make it possible for 
     us to be back.
       We are joined today by many distinguished guests. Let me 
     first begin by saying thanks to Governor Sam Brownback, 
     Senator Pat Roberts--it seems we cannot have an important 
     ceremony without a major snowstorm--we certainly appreciate 
     you honoring us by taking the journey here to come here under 
     the conditions to be with us today. We're just honored by 
     your presence. Our civilian aide to the Secretary of the 
     Army. Other distinguished local, state and national elected 
     officials or their representatives, all of whom serve as 
     champions for the interests of Fort Riley in their official 
     capacities. Our friends from Kansas State University also who 
     had the opportunity to witness first-hand the great work our 
     soldiers in Iraq and the real opportunity that exists in 
     Iraq--we thank them for being bold enough to make the 
     journey. As I turn and look at this crowd I see many faces of 
     friends. Faces we have come to know not only as neighbors and 
     colleagues, but as dear friends.
       Thank you all for joining us today as the division 
     headquarters symbolically and ceremonially returns from 
     accomplishing our mission and as we bring to a close another 
     chapter in the history of this great division.
       This is a fitting occasion--because uncasing the 1st 
     Infantry Division Colors at Fort Riley, after accomplishing a 
     mission overseas has become a well-established practice. For 
     today marks the 5th time in the last 55 years that these 
     Colors--the Colors of America's 1st Division in name and in 
     fact, have been removed from their traveling case and opened 
     at Fort Riley.
       Just as in 1955, 1970, 1991, and 2006, today in 2011 we 
     again uncase and unfurl these gallant Colors with new history 
     having been added to the Colors since they were last seen 
     here. Truly, Fort Riley is the home of the Big Red One and 
     now that we are back, again, we are truly at home in the 
     heartland. And it's good to be back home.
       I hope you will indulge me for a few moments to tell you a 
     few highlights of the many accomplishments and achievements 
     that happened through our time of deployment and to thank 
     some people along the way. This is going to be a bit longer 
     than my usual speeches, certainly much longer than the one I 
     gave on the 3rd of January upon our return. I will do my best 
     to highlight some remarkable things that happened in our 
     campaign here as well as our campaign there, overseas. Plus, 
     it's been a while since most of you haven't had a speech from 
     me in a year. So I have to make up for some lost time. So 
     bare with me.
       Let me begin by saying that the accomplishments on the 
     homefront here at Fort Riley were at least as impressive as 
     those that occurred in southern Iraq. I want to say that 
     something so that everybody is absolutely certain of that 
     great team that you have here.
       You may recall that in this field house over a year ago the 
     division headquarters and the Victory 5 marched off to do our 
     duty first, leaving a rear command supported by a mostly 
     civilian mission support element and a mostly civilian U.S. 
     Army garrison command.
       Brigadier General David ``Pete'' Petersen and Command 
     Sergeant Major Darrell ``Buddy'' Wallace took the lead for 
     Fort Riley, standing forth bravely in what is still, in many 
     ways, a journey in uncharted waters. You represented the 
     command exceedingly well and I am very proud of both of you 
     for all you did to shoulder a very, very heavy load with 
     really hard work to do. Thanks to your ladies, Karen and 
     ``Lefty'' also for your grace and patience and support of 
     these two warriors. General Pete, congratulations on your 
     upcoming promotion to Major general and recognition. And 
     Command Sergeant Major Buddy Wallace, congratulations on the 
     culminating role of a great career as you transition into the 
     ``U.S. Army--Retired'' ranks.

     [Applaud]

       Believe me, the rear command would not have succeeded in 
     the extraordinarily tough work that had to be done if there 
     had not been a group of professionals, Army civilians, called 
     the mission support element and led by Mr. Ollie Hunter. They 
     were the surrogate staff--referred to as the ``M staff'' 
     seated on the right behind BG Petersen and CSM Wallace, and 
     they were magnificent.
       The primary task of generating forces for deployment abroad 
     fell to you--bringing together the modernization of equipment 
     with the arrival of personnel to the individual and 
     collective training that leads to forces ready to be 
     deployed--from four different bases in four different 
     states--in a year when every brigade under the division's 
     responsibility deployed or redeployed, in part or in-toto, in 
     some cases with a short-notice changes of theater and in some 
     cases with a significantly shortened period of training--no 
     matter the circumstances, no matter the curve ball pitched at 
     you--you knocked it out of the park.
       Nothing was normal about what you were asked to do, nothing 
     was routine, there was no handbook and no standing operating 
     procedure. Yet, you accomplished the mission in true Big Red 
     One style, demonstrating what it means to say no mission too 
     difficult, no sacrifice too great, duty first. Well done. 
     Ladies and gentlemen, please join me in a round of applause.

     [Applaud]

       Then, there is the U.S. Army garrison command under the 
     visionary and persistent leadership of Colonel Kevin Brown, 
     Ms. Linda Hoeffner, Command Sergeant Major Ian Mann, and 
     Colonel John Dvoracek all guiding the finest group of 
     professional civilian directors in the entire Army.
       What you have accomplished here in one year is absolutely 
     amazing--and believe me that is understating the reality.
       You moved the Fort Riley Campaign plan 2015, initiated last 
     January, into a solid set of accomplishments. The opening of 
     the Army's first warrior transition battalion complex; the 
     expanded community covenants connecting Fort Riley even more 
     to the 22 communities around Fort Riley; the start of the 
     ongoing construction of the Army's newest community hospital; 
     trail blazing resilience initiatives not only for soldiers 
     but for military family members as well--programs that have 
     been recognized as best practices throughout the Army; 
     attracting national level leaders to come to Fort Riley to 
     see the premier division level installation, in the making, 
     and to gain their support for initiatives like military 
     family housing and school expansion; the forward momentum of 
     the Flint Hills Regional Council; and the generation of . . . 
     conservatively . . . over $2.2 billion of revenue for the 
     state of Kansas.
       These accomplishments, ladies and gentlemen, are figurative 
     ice chips from an iceberg of excellence. I am immensely proud 
     of the Garrison Command, and ladies and gentlemen please join 
     me in applauding their efforts.

     [Applaud]

       I want to take this opportunity also to say thanks to our 
     community leaders, our neighbors, our friends, for your 
     patience through the challenges of the last year, and for 
     your steadfast support not only of the leadership here at 
     Fort Riley but all the efforts I have already highlighted, 
     and also of our deployed soldiers and of our families who 
     stayed behind in the Flint Hills while we were gone.
       Believe me when I say we truly could not have done what we 
     did without you. You are our reason for doing what we do and 
     we are forever indebted to you and we are joyous to be back 
     with you again.
       Finally, I want to thank the families of the warriors who 
     were (and I should add: still are) deployed. You carry a 
     burden that cannot be described adequately, compared 
     accurately, or appreciated fully. You are our hope and our 
     inspiration. You are the focus of what we look forward to 
     while we are gone. You are the finest examples of grace and 
     strength. Thank you for who you are and for all you give. It 
     is so good to be back in your embrace.
       Ladies and gentlemen, bear with me for just a few more 
     moments while I highlight what was accomplished by the 
     soldiers who stand before you and all who served under the 
     colors of the 1st Infantry Division in its role as United 
     States Division--South, responsible for all U.S. operations 
     in the southern half of the country of Iraq, 9 of the 18 
     provinces--and an area positioned between Iran to the east, 
     Kuwait to the south and Saudi Arabia to the west. An area 
     where ancient human history meets the future of the middle 
     east.
       Roughly 850 soldiers deployed from Fort Riley to fulfill 
     this headquarters mission which we officially began on the 
     2nd of February 2010 from our headquarters in Basra, the 
     second largest city in Iraq.
       We commanded units from every part of our Army, and were 
     augmented by Navy, Air Force, Marine and Coast Guard and 
     other government agency teammates joined together as a pick-
     up team that resembled an all-star team.
       The deployment was fast-paced, high-stakes, more 
     psychological than physical, more offensive than defensive, 
     more indirect than direct.
       An abbreviated way to describe our greatest accomplishment 
     is to say--the Big Red 1 as U.S. Division--South was a 
     trusted partner to the Iraqi security forces, to 9 U.S. 
     provincial reconstruction teams led by the U.S. Department of 
     State with participants from other agencies of the U.S. 
     Government, and to the other U.S. Forces out there in Iraq, 
     ensuring that the hard-earned stability emerging in Iraq 
     would never drift away. Their success was our success.
       All we had to do was help Iraq become the sovereign, 
     stable, and self-reliant strategic partner the U.S. has been 
     looking for in the Middle East--all in the face of internal 
     political intrigue and violence, and the ever-present 
     legitimate and illegitimate influences of neighboring 
     countries, especially Iran.

[[Page 1306]]

       Our soldiers faced violence, uncertainty, and danger 
     courageously while also seizing every emerging every 
     opportunity to meet the challenges in new and creative ways 
     that led to remarkable successes and an acceleration of the 
     stability in southern Iraq well ahead of the rest of the 
     country.
       16 Soldiers lost their lives while serving under the Colors 
     of the Big Red One, brigades and battalions assigned to us. 
     They will forever be a part of our history, they will always 
     be in our prayers and our thoughts go out to their families. 
     Yet, thanks be to God, every one of the 850 soldiers who 
     deployed from Fort Riley as part of the division headquarters 
     returned safely, despite repeated rocket attacks on our 
     bases, ambushes against our vehicles, hundreds of hours in 
     aerial flight, and the harsh conditions of extreme heat, 
     Biblical dust storms, and unforgiving military equipment.
       These are the soldiers who developed the intelligence to 
     defeat the enemy networks so that they found no sanctuary.
       These are the soldiers who planned the operations to 
     provide the surveillance that supported the Iraqis who then, 
     on their own, arrested the violent extremists and who taught 
     the Iraqi investigators and the judges how to gather evidence 
     that led to convictions under the rule of law.
       These are the soldiers who established the satellite 
     communications to reach everywhere even places where no other 
     Army unit has been able to extend communications.
       These are the soldiers who determined which Iraqis we 
     should develop relationships with to gain influence, who 
     committed money like a weapons system to change the 
     environment around us, who determined which projects should 
     receive our attention and fought for successful completion 
     and closure of 628 separate projects.
       And these are the soldiers who planned and executed the 
     drawdown ending operation Iraqi Freedom, beginning operation 
     New Dawn, including the movement of 1,200 trucks, 14,000 
     separate pieces of equipment, $286 million dollars worth of 
     U.S. property, responsibly moved out of the country of Iraq 
     and the closure of 30 of 58 military bases in southern Iraq 
     in only 6 months, including the conversion of a former prison 
     complex into a logistics city for commercial enterprises to 
     establish themselves.
       These are the soldiers who created through their own 
     initiative a program and center for building resilience even 
     while deployed.
       What a legacy to have been left by 800 Americans.
       Ladies and gentlemen, these soldiers have truly added to 
     the illustrious history of the Big Red 1 and have earned 
     these decorations Command Sergeant Major Champagne and I 
     affixed to the Colors and I would ask you please join me in a 
     round of applause for these warriors.
       Iraq is on the pathway to becoming sovereign, stable and 
     self-reliant and we helped them have a chance. Now we are 
     home and our attention is turned to rejoining our friends and 
     loved ones--on building our resilience--and finally on our 
     Fort Riley 2015 Campaign Plan which continues to move 
     forward. We will address all of these with the same vigor, 
     reunited and energized by the growth we have all experienced 
     over the last 12 months. Exciting times await us. Forward the 
     Big Red One.
       Thank you again for joining us today. May God continue to 
     bless you all and may his protection be with those who remain 
     deployed and upon their families.
       Duty First.

  Mr. ROBERTS. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. SESSIONS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


               President's Talk With Chamber of Commerce

  Mr. SESSIONS. Mr. President, President Obama talked with the chamber 
of commerce yesterday. I think that was a good step, but talk and 
rhetoric are not policy and not action. It is reported that he received 
applause from two different lines, and he got that in a 35-minute 
address, which is a bit unusual.
  It does appear the President understands he has a serious problem 
with the job-creating community and is willing to at least meet with 
people. But the problem really is policy and action. I am disappointed 
he has not gone further to deal, in a realistic way, with the job 
problems this Nation has.
  He talked about lowering corporate taxes but not reducing the burden 
of government borne by these companies. In other words, he talked about 
lowering the rate through eliminating loopholes, and some of the 
loopholes, I am sure, are not justified. Some of them may be very 
effective in helping us to be competitive and create growth, not just 
eliminating those and making it appear that the corporate tax burden 
has been reduced.
  I talked to the chamber of commerce and businesspeople, and they tell 
me we are in a competitive world environment, and businesses decide 
where to make products and hire workers based on the cost of doing 
business in that area. A CEO in North America, for an international 
company in my home State, told me: We thought we were going to add 200 
jobs--at an Alabama plant that he oversees to make a chemical product. 
But his headquarter company in Europe said: No, after considering 
taxes, we are not going to build that plant in Alabama. It is going to 
be in a foreign country. In other words, they had won the competition 
on costs. Another country with lower tax rates on a corporation had won 
the bid. The idea that you can have a high tax rate is not good.
  We have the highest tax rate in the developed world--as soon as Japan 
brings theirs down, which they are planning to do, then we will be the 
highest corporate tax country in the world. This makes us less 
competitive, and it creates fewer jobs. Simply to eliminate loopholes 
and bring it down from 35 to the high twenties, as apparently is being 
discussed, does not reduce the burden of taxes on corporations. Many of 
our corporations are going to have a significant increase in their tax 
rates, and they will be less able to hire workers. This is a major 
issue that I think we have to confront. It is a competitiveness issue.
  The President continued to talk, as he did in the State of the Union, 
about more investment spending. We don't have the money to do more 
spending. I am disappointed that he has not begun to realize that the 
day is over that we can just waltz in with a lot of good ideas for new 
spending programs. He continued to talk about spending and the role of 
democracy in this region and key industries at a time when we need to 
streamline regulations that are killing jobs in America. He did not 
call for a vigorous and realistic plan to reduce spending.
  I appreciate the opportunity to speak. I appreciate the President 
beginning to enter into a dialog with the folks who create jobs. I am 
not suggesting that we need to reduce corporate rates to be nice to 
corporations. I do not have any grief to bear to try to make it somehow 
easier for corporate executives to make big amounts of money.
  What I do understand is if we overtax American corporations, they 
will move other places. Canada is looking to reduce its corporate tax 
rate to 16 percent. If we are at 35 percent and Canada goes to 16, will 
that not be a factor in us losing jobs in competition with Canada? We 
have to defend our interests.
  I see the distinguished majority leader. I know he is busy.
  I yield the floor.
  The PRESIDING OFFICER. The majority leader.

                          ____________________