[Pages S1896-S1899]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Ms. LANDRIEU (for herself, Mr. Wicker, and Mr. Cochran):
S. 653. A bill to allow the Administrator of the Small Business
Administration to create or save jobs by providing interest relief on
certain outstanding disaster loans relating to damage caused by the
2005 Gulf Coast hurricanes or the 2008 Gulf Coast hurricanes; to the
Committee on Small Business and Entrepreneurship.
Ms. LANDRIEU. Mr. President, I come to the floor today to speak on an
issue that is of great importance to my home State of Louisiana:
disaster recovery from Hurricanes Katrina and Rita of 2005; Hurricanes
Gustav and Ike of 2008; and the Deepwater Horizon disaster of 2010.
Almost 6 years after these first two devastating storms, our eyes are
still fixed on our shores during hurricane season as our communities
and businesses in the hardest-hit areas continue to rebuild. The region
is also still reeling from the oil spill and subsequent Federal
deepwater drilling moratorium. As Chair of the Senate Committee on
Small Business and Entrepreneurship, I remain focused on their ongoing
recovery efforts and am here today to introduce a bill that I believe
will help these struggling small businesses become successful once
again and hire new workers.
Charles R. ``Ray'' Bergeron and his wife's Fleur de Lis Car Care
Center in New Orleans, Louisiana, is one of the businesses that needs
this type of assistance. Small Business Administrator Karen Mills and I
toured the Bergerons' business back in June 2009. Pre-Katrina, Fleur de
Lis, which opened in 1988, had nine employees. After Hurricane Katrina
hit, Mr. and Mrs. Bergeron found themselves having to take out two
loans, one for their house and another for their small business. As of
our visit that June, the Bergerons were down to 2 employees, not
including themselves, and their business was back at about 40 percent
of pre-Katrina sales, due in large measure to the population not
returning. Their neighborhood is mostly empty homes, which Mr. Bergeron
attributes in part to high flood insurance premiums, high property
taxes and high homeowner's insurance.
When I met with them, the Bergerons had a $225,000 SBA disaster loan
with a standard 30-year term, which Mr. Bergeron says he will not pay
off until he is 101 years old. And two years ago now, Mrs. Bergeron
contacted my office requesting SBA assistance with their loan repayment
after work to repair the flood-damaged roads surrounding their gas
station had cut access to their business for even their most loyal
customers. Since the project began, Fleur de Lis' sales have been cut
almost in half. This latest challenge comes on the heels of the
economic downturn, which caused the station to lay off two employees in
2009.
The Bergerons' story is one I have heard from countless businesses.
Coupled with their recovery from the 2005 and 2008 hurricanes, and more
recently, the Deepwater Horizon oil spill and Federal deepwater
drilling moratorium, these businesses--the ones that took the
initiative to quickly reopen after the storms--are today struggling
with one challenge after another. Yet these ``pioneer'' businesses are
the ones rebuilding communities, they are the businesses communities
need the most because they serve as anchors. If residents see the
Bergerons' gas station or their favorite restaurant open, they are more
likely to come back to rebuild their homes.
To help ongoing recovery efforts in the Gulf Coast, and to give these
struggling businesses immediate assistance, I am introducing today the
Southeast Hurricanes Small Business Disaster Relief Act of 2011. This
legislation would provide targeted assistance to as many as 11,000
businesses in Louisiana, Mississippi, Alabama, and Texas. What these
particular businesses have in common is that they received SBA disaster
loans following the 2005 or 2008 hurricanes. While they have made
payments on these loans, I have heard from countless businesses in my
State that they could expand operations if they had additional cash
flow. This legislation would inject immediate capital into
these hardest-hit businesses by giving SBA the authority to waive up to
$15,000 of interest payments over three years, helping to create or
save up to 40,000 jobs.

Under this program, SBA is required to give priority to applications
from businesses with 50 employees or less and businesses that re-opened
between September 2005 and October 2006 for the 2005 storms or
September and December 2008 for the 2008 hurricanes. This ensures that
SBA first helps true small businesses and those ``pioneer'' businesses
that were the first to re-open after the disaster. The bill also
includes a priority for applications from businesses suffering
substantial economic harm from the Deepwater Horizon oil spill last
year. The program would end on March 31, 2012.
The Southeast Hurricanes Small Business Disaster Relief Act also
includes provisions to help reduce the program's impact on the Federal
deficit. First, the bill eliminates a duplicative program at the SBA.
This program, the Gulf Coast Disaster Loan Refinancing Program, was
created as part of the 2008 Farm Bill. Although it was created almost
three years ago, the program has not received any appropriations nor
has the SBA utilized the authority to refinance any disaster loans. It
is my understanding this is because the program just re-amortizes the
same debt of borrowers. Furthermore, any refinancing must not exceed
the original loan amount and differ from the original terms of the
loan. As a result, this program is not attractive to borrowers, lenders
or the SBA. Our bill eliminates this program and creates one that will
work better for all stakeholders. Next, the bill allows SBA the
authority to get reimbursed by the party responsible for the Deepwater
Horizon oil spill for any interest relief provided to businesses
impacted by that disaster. This ensures that the taxpayers will be
reimbursed for interest relief related to the Deepwater Horizon oil
spill. I also note that this is

[[Page S1897]]

consistent with the claims process provided for in the Oil Pollution
Act of 1990.
This program makes a difference because for some businesses,
depending on the loan term and loan amount, their total principal/
interest payments could run as high as $1,000 per month. For example,
for a $114,000 disaster loan with a 4 percent interest rate and a 25-
year term, a business could be paying as much as $400 in monthly
interest. In one year, this adds up to $4,800 and almost $14,500 in
three years. While this is not a lot of money for Wall Street banks or
Fortune 500 companies, $15,000 makes a major impact for a gas station
with two employees, like Fleur de Lis, or a neighborhood restaurant
with 10 employees. These businesses have seen their bottom lines shrink
as others on Wall Street received extravagant bonuses. I, for one,
believe it is time to help these Main Street businesses as they are the
backbone of our communities.
My legislation also follows legislation approved by a previous
Congress. The prior bill came after Hurricane Betsy devastated Florida,
Louisiana, and Mississippi in September 1965. According to Red Cross
reports at the time, between 800,000 and 1 million people were
adversely impacted by the hurricane. Before this storm, the only
previous disaster of that magnitude was the 1937 Ohio-Mississippi River
floods which forced more than a million people from their homes. In
total, Betsy destroyed more than 1,500 homes, damaged more than
150,000, and damaged more than 2,000 trailers. Hurricane Betsy also
destroyed 1,400 farm buildings and 2,600 small businesses. At the time,
the Senate Committee on Public Works noted in Committee Report 89-917
that, ``The overwhelming magnitude of the vicious storm, surprising
even to experienced disaster workers, was more apparent every day as
storm victims continued to register for long-term recovery help in
rebuilding their lives and homes.''

As part of the review to provide Hurricane Betsy victims appropriate
assistance, including a field hearing in Louisiana, Congress determined
that the massive scale of this disaster required targeted, disaster-
specific programs. In particular, Congress approved the Southeast
Hurricane Disaster Relief Act of 1965, Public Law 89-339. This bill
authorized various business, homeowner, and agricultural disaster
assistance, including loans and temporary rental assistance. In its
committee report on the legislation, which is referenced above, the
Senate Committee on Public Works wrote, ``This bill contains what the
committee believes is needed and necessary to give further aid to the
disaster-stricken areas . . . including special measures to help these
States in the reconstruction and rehabilitation of devastated areas.''
Among other provisions, Section 3 of the bill authorized SBA to waive
interest--for loans above $500--due on the loan over a period of three
years, but not to exceed $1,800 in interest. The bill was signed into
law in November 1965 and Congress later approved $35 million to
implement provisions in the Act.
Just as with Hurricane Betsy in 1965, in 2005, Mississippi and
Louisiana again saw a catastrophic disaster hit their businesses,
farms, and homes. Everyone now knows the impact Hurricanes Katrina and
Rita had on the New Orleans area and the southeast part of our state.
Images from the devastation following these storms, and the subsequent
Federal levee breaks, were transmitted across the country and around
the world. Katrina ended up being the deadliest natural disaster in
United States history, with 1,800 people killed--1,500 alone in
Louisiana. Katrina was also the costliest natural disaster in U.S.
history, with more than $81.2 billion reported in damage.
In Louisiana, we had 18,000 businesses catastrophically destroyed and
81,000 businesses economically impacted. I believe that, across the
entire Gulf Coast, some estimates ran as high as 125,000 businesses
impacted by Katrina and Rita. Many of these businesses, for various
reasons, have not returned or re-opened. By mid-2007, Orleans Parish
was still down 2,000 employers, or 23 percent of its pre-Katrina
business level. Nearby St. Bernard Parish--which had up to 80 percent
of its homes damaged--had the largest percentage decline of 48 percent
fewer businesses open, according to Louisiana State University and the
Louisiana Recovery Authority. These disasters were followed by the 2008
hurricanes that hit the same areas in Texas and Louisiana. With this in
mind, on September 25, 2009, I chaired a committee field hearing in
Galveston, Texas. At this hearing, we received a progress report from
Federal, State and local officials on the recovery from Hurricane Ike
in 2008. We also heard from individual business owners in Galveston who
were still struggling a year on from the hurricane.
These Galveston business owners, the Bergeron's Fleur de Lis gas
station, and many other ``pioneer'' businesses did choose to re-open
and are now struggling to stay alive. As is clear from the Bergeron's
story, these businesses have suffered from not one disaster, but three:
Hurricane Katrina/Rita in 2005, Hurricane Gustav/Ike in 2008, and the
Deepwater Horizon disaster. I believe the special program implemented
following Hurricane Betsy in 1965 would today greatly benefit
businesses in these four states hardest hit by Katrina, Rita, Gustav,
Ike, and the Deepwater Horizon. While I recognize that these are the
hardest hit states, I am also interested to hear from my other Gulf
Coast colleagues on whether this program would benefit their impacted
businesses as well.
In closing, I would like to note that Congress has been generous in
providing essential recovery funds following the 2005 and 2008 storms.
However, as we approach the sixth anniversary of the 2005 disasters, we
must now ensure that impacted businesses can make it past this
anniversary--preventing thousands more workers from being unemployed or
additional defaults on SBA disaster loans. One important way that this
Congress can ensure that these workers remain employed and that these
businesses survive, and even grow, would be to relieve some of the
interest on these SBA disaster loans. For this reason, I urge my Senate
colleagues to support this commonsense legislation which would make a
difference for up to 11,000 Main Street business owners and their
estimated 40,000 employees in the Gulf Coast.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 653

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Southeast Hurricanes Small
Business Disaster Relief Act of 2011''.

SEC. 2. SOUTHEAST HURRICANES SMALL BUSINESS DISASTER RELIEF
PROGRAM.

(a) In General.--Section 12086 of the Food, Conservation,
and Energy Act of 2008 (Public Law 110-234; 122 Stat. 1422)
is amended to read as follows:

``SEC. 12086. SOUTHEAST HURRICANES SMALL BUSINESS DISASTER
RELIEF PROGRAM.

``(a) Definitions.--In this section--
``(1) the term `covered area' means an area in the State of
Louisiana, the State of Mississippi, the State of Alabama, or
the State of Texas for which the President declared a major
disaster relating to Hurricane Katrina of 2005, Hurricane
Rita of 2005, Hurricane Gustav of 2008, or Hurricane Ike of
2008;
``(2) the term `covered disaster loan' means a loan--
``(A) made under section 7(b) of the Small Business Act (15
U.S.C. 636(b));
``(B) for damage or injury caused by Hurricane Katrina of
2005, Hurricane Rita of 2005, Hurricane Gustav of 2008, or
Hurricane Ike of 2008; and
``(C) made to a business located in a covered area;
``(3) the term `Deepwater Horizon oil spill' means the
blowout and explosion of the mobile offshore drilling unit
Deepwater Horizon that occurred on April 20, 2010, and
resulting hydrocarbon releases into the environment; and
``(4) the term `program' means the Southeast Hurricanes
Small Business Disaster Relief Program established under
subsection (b).
``(b) Program Established.--Subject to the availability of
appropriations, the Administrator shall establish a Southeast
Hurricanes Small Business Disaster Relief Program, under
which the Administrator may waive payment of interest by a
business on a covered disaster loan--
``(1) for not more than 3 years; and
``(2) in a total amount of not more than $15,000.
``(c) Priority of Applications.--The Administrator shall,
to the extent practicable, give priority to an application
for a waiver

[[Page S1898]]

of payment of interest under the program by a small business
concern--
``(1) with not more than 50 employees;
``(2) that demonstrates substantial economic injury as a
result of the Deepwater Horizon oil spill; or
``(3) that resumed business operations--
``(A) during the period beginning on September 1, 2005 and
ending on October 1, 2006 in a covered area relating to
Hurricane Katrina of 2005 or Hurricane Rita of 2005; or
``(B) during the period beginning on September 1, 2008 and
ending on January 1, 2009 in a covered area relating to
Hurricane Gustav of 2008 or Hurricane Ike of 2008.
``(d) Reimbursement by Responsible Party.--The
Administrator may present a claim to the responsible party
(as defined in section 1001 of the Oil Pollution Act of 1990
(33 U.S.C. 2701)) for costs and expenses described in section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)) relating to a waiver of interest under this
section for a business suffering a substantial economic
injury as a result of the Deepwater Horizon oil spill in
accordance with section 1013 of the Oil Pollution Act of 1990
(33 U.S.C. 2713).
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to the Administrator such sums
as may be necessary to carry out the program.
``(f) Termination of Program.--The Administrator may not
approve an application under the program after March 31,
2012.''.
(b) Savings Clause.--A loan refinanced under section 12086
of the Food, Conservation, and Energy Act of 2008 (Public Law
110-234; 122 Stat. 1422) before the date of enactment of this
Act shall remain in full force and effect under the terms,
and for the duration, of the loan (including any option to
defer repayment).
(c) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Food, Conservation, and
Energy Act of 2008 (Public Law 110-234; 122 Stat. 933) is
amended by striking the item relating to section 12086 and
inserting the following:

``Sec. 12086. Southeast Hurricanes Small Business Disaster Relief
Program.''.
______

By Mr. REED (for himself, Mr. Whitehouse, Mr. Durbin, Ms.
Mikulski, Mr. Kerry, Mr. Franken, Ms. Klobuchar, and Mr.
Cardin):
S. 656. A bill to provide for the adjustment of status of certain
nationals of Liberia to that of lawful permanent residents; to the
Committee on the Judiciary.
Mr. REED. Mr. President, I ask unanimous consent that the text of the
bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 656

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Liberian Refugee Immigration
Fairness Act of 2011''.

SEC. 2. ADJUSTMENT OF STATUS.

(a) Adjustment of Status.--
(1) In general.--
(A) Eligibility.--Except as provided under subparagraph
(B), the Secretary of Homeland Security shall adjust the
status of an alien described in subsection (b) to that of an
alien lawfully admitted for permanent residence if the
alien--
(i) applies for adjustment not later than 1 year after the
date of the enactment of this Act; and
(ii) is otherwise eligible to receive an immigrant visa and
admissible to the United States for permanent residence,
except that, in determining such admissibility, the grounds
for inadmissibility specified in paragraphs (4), (5), (6)(A),
and (7)(A) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)) shall not apply.
(B) Ineligible aliens.--An alien shall not be eligible for
adjustment of status under this section if the Secretary of
Homeland Security determines that the alien--
(i) has been convicted of any aggravated felony (as defined
in section 101(a)(43) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(43));
(ii) has been convicted of 2 or more crimes involving moral
turpitude; or
(iii) has ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of
race, religion, nationality, membership in a particular
social group, or political opinion.
(2) Relationship of application to certain orders.--
(A) In general.--An alien present in the United States who
has been subject to an order of exclusion, deportation, or
removal, or has been ordered to depart voluntarily from the
United States under any provision of the Immigration and
Nationality Act may, notwithstanding such order, apply for
adjustment of status under paragraph (1) if otherwise
qualified under such paragraph.
(B) Separate motion not required.--An alien described in
subparagraph (A) may not be required, as a condition of
submitting or granting such application, to file a separate
motion to reopen, reconsider, or vacate the order described
in subparagraph (A).
(C) Effect of decision by secretary.--If the Secretary of
Homeland Security adjusts the status of an alien pursuant to
an application under paragraph (1), the Secretary shall
cancel the order described in subparagraph (A). If the
Secretary of Homeland Security makes a final decision to deny
such adjustment of status, the order shall be effective and
enforceable to the same extent as if the application had not
been made.
(b) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefits provided under subsection (a)
shall apply to any alien--
(A) who is--
(i) a national of Liberia; and
(ii) has been continuously present in the United States
between January 1, 2011 and the date on which the alien
submits an application under subsection (a); or
(B) who is the spouse, child, or unmarried son or daughter
of an alien described in subparagraph (A).
(2) Determination of continuous physical presence.--For
purposes of establishing the period of continuous physical
presence referred to in paragraph (1)(A)(ii), an alien shall
not be considered to have failed to maintain continuous
physical presence by reasons of an absence, or absences, from
the United States for any period or periods amounting in the
aggregate to not more than 180 days.
(c) Stay of Removal.--
(1) In general.--The Secretary of Homeland Security shall
establish procedures, by regulation, through which an alien,
who is subject to a final order of deportation, removal, or
exclusion, may seek a stay of such order based upon the
filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision in the Immigration and Nationality Act (8 U.S.C.
1101 et seq.), the Secretary of Homeland Security may not
order an alien to be removed from the United States if the
alien is in exclusion, deportation, or removal proceedings
under any provision of such Act and has applied for
adjustment of status under subsection (a) unless the
Secretary of Homeland Security has made a final determination
to deny the application.
(3) Work authorization.--
(A) In general.--The Secretary of Homeland Security may--
(i) authorize an alien who has applied for adjustment of
status under subsection (a) to engage in employment in the
United States while a determination regarding such
application is pending; and
(ii) provide the alien with an ``employment authorized''
endorsement or other appropriate document signifying
authorization of employment.
(B) Pending applications.--If an application for adjustment
of status under subsection (a) is pending for a period
exceeding 180 days and has not been denied, the Secretary of
Homeland Security shall authorize such employment.
(d) Record of Permanent Residence.--Upon the approval of an
alien's application for adjustment of status under subsection
(a), the Secretary of Homeland Security shall establish a
record of the alien's admission for permanent record as of
the date of the alien's arrival in the United States.
(e) Availability of Administrative Review.--The Secretary
of Homeland Security shall provide to applicants for
adjustment of status under subsection (a) the same right to,
and procedures for, administrative review as are provided
to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act (8 U.S.C. 1255); and
(2) aliens subject to removal proceedings under section 240
of such Act (8 U.S.C. 1229a).
(f) Limitation on Judicial Review.--A determination by the
Secretary of Homeland Security regarding the adjustment of
status of any alien under this section is final and shall not
be subject to review by any court.
(g) No Offset in Number of Visas Available.--If an alien is
granted the status of having been lawfully admitted for
permanent residence pursuant to this section, the Secretary
of State shall not be required to reduce the number of
immigrant visas authorized to be issued under any provision
of the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(h) Application of Immigration and Nationality Act
Provisions.--
(1) Definitions.--Except as otherwise specifically provided
in this Act, the definitions contained in the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) shall apply in this
section.
(2) Savings provision.--Nothing in this Act may be
construed to repeal, amend, alter, modify, effect, or
restrict the powers, duties, function, or authority of the
Secretary of Homeland Security in the administration and
enforcement of the Immigration and Nationality Act or any
other law relating to immigration, nationality, or
naturalization.
(3) Effect of eligibility for adjustment of status.--
Eligibility to be granted the status of having been lawfully
admitted for permanent residence under this section shall not
preclude an alien from seeking any status under any other
provision of law for which the alien may otherwise be
eligible.
______

By Mr. CARDIN (for himself, Mr. Graham, Mr. Leahy, Ms. Klobuchar,
Mr. Coons, and Mr. Whitehouse):
S. 657. A bill to encourage, enhance, and integrate Blue Alert plans
throughout the United States in order

[[Page S1899]]

to disseminate information when a law enforcement officer is seriously
injured or killed in the line of duty; to the Committee on the
Judiciary.
Mr. CARDIN. Mr. President, I take this time to inform my colleagues
of legislation I have introduced today to establish a national Blue
Alert Act. This would establish a nationwide program for blue alert. It
would be similar to what we do for AMBER alert today. With AMBER alert,
when children are abducted, we use that communication system nationwide
to get information out about the abductor so we can get the public
assisting law enforcement in apprehending the individuals responsible
for the abduction of a child. My legislation would establish a similar
system of disseminating information when a police officer has been
murdered or severely injured as a result of a violent attack. This bill
would help in keeping law enforcement safer by removing these
individuals who have committed these horrible crimes from the streets
sooner and holding them accountable for their acts.
Every day 900,000 law enforcement officers go out in our communities
to keep us safe. They are the frontline for public safety. They put
their lives on the line. Our communities are much safer as a result of
their actions, so we want to do everything we can to help our law
enforcement officers. In recent years, too many have lost their lives
in the line of duty. We need to do something about that.
In Prince George's County, MD, today I joined with law enforcement
officers at the FOP Lodge 89 to talk about this legislation. There is a
fallen heroes memorial located at that FOP lodge to honor law
enforcement officers in Prince George's County who gave their lives in
the line of duty. Unfortunately, there are 26 individuals honored at
that memorial. They have lost their lives since 1937. The
Superintendent of State Police was also there, and we recalled State
trooper Wesley Brown who died in June of last year in Forestville at
the age of 24 serving his community. I mention Trooper Brown
specifically because as a result of Trooper Brown's death, Governor
O'Malley took executive action to establish a blue alert system in the
State. We now have nine other States that have joined Maryland--10
States altogether--in establishing their own blue alert programs so we
can assist in the capture of those who murder or seriously injure law
enforcement officers.
We need to use technology the best we can to help those who are
serving our communities. My legislation would make that program
nationwide. I am proud we have bipartisan cosponsors in Senators
Graham, Leahy, Klobuchar, and Coons. It complements the work being done
by Attorney General Holder in his Law Enforcement Officer Safety
Initiative. The purpose here is try to keep our law enforcement
officers safer and keep the community safer. We think both will be
achieved by using a blue alert system nationwide.
I am also pleased to say it has the endorsement of the Fraternal
Order of Police and the Concern of Police Survivors, COPS. I urge all
colleagues to join me in supporting this legislation. I hope we can get
it enacted shortly. This can help in living up to our commitment to
those who serve us.

____________________