E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, FIRST SESSION

Vol. 157 WASHINGTON, THURSDAY, SEPTEMBER 8, 2011 No. 132 House of Representatives The House met at 10 a.m. and was be no young House pages in attendance and fair revenue system that would called to order by the Speaker pro tem- when the President takes the podium raise revenue and reduce the deficit. pore (Mr. WEBSTER). behind me. There will be no sea of They would accelerate health care re- f young men and women in blue blazers form, not put sand in the gears. They with bright faces intent on shaking the would right-size and redirect our mili- DESIGNATION OF SPEAKER PRO President’s hand and drinking in the tary involvement, and they would re- TEMPORE ceremony and the significance of a form agricultural programs to help The SPEAKER pro tempore laid be- joint session of Congress. more family farms and ranchers while fore the House the following commu- This is sad on so many levels, espe- saving money. nication from the Speaker: cially as a symbol of why Congress is These alumni could figure it out, WASHINGTON, DC, held in such low esteem. Many here un- while those who control the levers of September 8, 2011. derstand the cost of a program but fail power in the House pursue an extreme I hereby appoint the Honorable DANIEL to understand its value. agenda that is not what America needs WEBSTER to act as Speaker pro tempore on Dedicated staff were dismissed with- or what Americans want. These young this day. out notice in a decision that was an- people, the pages, may not be in at- JOHN A. BOEHNER, nounced via press release without a tendance here this evening, but their Speaker of the House of Representatives. chance for the people who care passion- absence speaks volumes about political f ately about the program to argue for dysfunction and a shortsighted agenda. its future or help pay for it. It may MORNING-HOUR DEBATE I hope we will all listen to them. save a few million dollars, but we lose The SPEAKER pro tempore. Pursu- the opportunity to enrich thousands of f ant to the order of the House of Janu- lives whose influence and contributions CHIEF ENFORCER OF THE LAW OR ary 5, 2011, the Chair will now recog- have spread across the decades and CHIEF IGNORER OF THE LAW? nize Members from lists submitted by across America, while strengthening The SPEAKER pro tempore. The the majority and minority leaders for and uplifting this institution. This is Chair recognizes the gentleman from morning-hour debate. part of a disturbing trend here in Con- Texas (Mr. POE) for 5 minutes. The Chair will alternate recognition gress, devaluing youth and civic edu- Mr. POE of Texas. Mr. Speaker, I between the parties, with each party cation. limited to 1 hour and each Member Also scheduled for elimination is the come today to talk to you about some- other than the majority and minority Classroom Law Project sponsored ‘‘We thing pretty basic—that is our Con- leaders and the minority whip limited the People’’ program and the national stitution, the way our Constitution to 5 minutes each, but in no event shall high school Constitution competition was set up. We all learned in civics debate continue beyond 11:50 a.m. that takes place every year all across that this body, Congress, writes the laws for the people. f the country. This is at a time when our friend, the esteemed documentary pro- Down the street the Supreme Court HOUSE CONGRESSIONAL PAGES ducer, Ken Burns, points out that the interprets that law, they judge that The SPEAKER pro tempore. The average teenager can name eight kinds law. And the executive branch is the Chair recognizes the gentleman from of blue jeans but can’t name eight branch of government that we expect Oregon (Mr. BLUMENAUER) for 5 min- American Presidents. Yet Federal sup- through our Constitution to execute utes. port for civic education is not on the the law or enforce the law. In fact, our Mr. BLUMENAUER. Mr. Speaker, to- radar screen here in Washington, D.C. Constitution in article 2 states specifi- night is a very historic joint session of This is not really any different than cally about the President and gives the Congress. Indeed, it is unique in the the other basic infrastructure that is President a job and a duty that no history of our Nation. falling victim to reckless budget other person in this country has under Not because it was the first time a knives and congressional indifference. our Constitution. President’s request had been refused by The young people who participate in Besides taking the oath to uphold the the Speaker. No. Or that the Presi- the page program and the Classroom Constitution, article 2, section 3, says dent’s speech, in and of itself, is some- Law Project could easily construct a that the President shall ‘‘take care how going to be extraordinary, al- path forward for this Congress and the that the laws be faithfully executed’’, though we all hope that it is. President. that the laws are in the hands of the This event is historic because for the These young people would craft a President, and he is to take care that first time in two centuries, there will path forward that featured a balanced he fulfills his obligation to execute

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H5969

.

VerDate Mar 15 2010 02:47 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A08SE7.000 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE H5970 CONGRESSIONAL RECORD — HOUSE September 8, 2011 those laws, to follow those laws. That’s memo saying, well, here are some ex- whether the person or the person’s spouse the way our Constitution is set up, but ceptions to the law, we are just not suffers from severe mental or physical ill- that is not occurring. Because, you see, going to get around to deporting people ness; whether the person’s nationality renders we have laws in this country that this because of these numerous reasons. removal unlikely; body has passed that the administra- b 1010 whether the person is likely to be granted tion doesn’t want to enforce. temporary or permanent status or other re- In fact, recently, the administration In essence, the administration has al- lief from removal, including as a relative of sent down an edict through its admin- tered the law by edict—or by memo in a U.S. citizen or permanent resident; istrative agencies and said no longer this case. It is the obligation of the whether the person is likely to be granted chief enforcer of the law to enforce the temporary or permanent status or other re- will the President be the chief enforcer lief from removal, including as an asylum of the law. He will, in my opinion, be- rule of law, not to give a pass to cer- seeker, or a victim of domestic violence, come the chief ignorer of the law, the tain people that are in this country il- human trafficking, or other crime; and immigration laws. Because, you see, legally because of certain reasons. I whether the person is currently cooper- Immigration Services has decided, don’t know the reason why the Presi- ating or has cooperated with federal, state or well, we are really not going to enforce dent has made this decision. People can local law enforcement authorities, such as the law that applies to all of those peo- conjecture up their own reasons why ICE, the U.S. Attorneys or Department of Justice, the Department of Labor, or Na- ple that are here in the United States certain folks are getting a pass. tional Labor Relations Board, among others. illegally. But it is great news for people who This list is not exhaustive and no one fac- So we are going to defer action. What are in the country illegally. It’s great tor is determinative. ICE officers, agents, does that mean? Here’s what it means, news for people who are coming to the and attorneys should always consider pros- Mr. Speaker. It means that people who country illegally. The Government is ecutorial discretion on a case-by-case basis. have been charged with being in the saying: ‘‘It’s okay to stay in America The decisions should be based on the totality country illegally, who are waiting for as long as you don’t commit some seri- of the circumstances, with the goal of con- forming to ICE’s enforcement priorities. their hearings, waiting to be deported, ous crime in the United States.’’ And it they are going to get a pass if they is an obligation of the President to en- f haven’t committed some serious crime force the law, enforce the immigration FOOD INSECURITY or some other condition that Immigra- laws that we write and not become the The SPEAKER pro tempore. The tion Services has outlined. chief ignorer of the laws. Chair recognizes the gentleman from And if people are in this country ille- And that’s just the way it is. Massachusetts (Mr. MCGOVERN) for 5 gally and they haven’t committed a EXERCISING PROSECUTORIAL DISCRETION CON- minutes. violent crime, well, they are going to SISTENT WITH THE PRIORITIES OF THE AGEN- Mr. MCGOVERN. Mr. Speaker, every get a pass too. They are not going to be CY FOR THE APPREHENSION, DETENTION, AND year the Department of Agriculture deported because the law will not be REMOVAL OF ALIENS collects, analyzes, and releases a report enforced. The action of prosecuting FACTORS TO CONSIDER WHEN EXERCISING detailing the amount of domestic food them will be deferred indefinitely. PROSECUTORIAL DISCRETION insecurity. Yesterday, USDA released Now, whether it’s a good idea or not When weighing whether an exercise of this report. This may sound like a to let certain people stay in the coun- prosecutorial discretion may be warranted wonkish, policy-driven report, but it is try because of certain reasons is not for a given alien, ICE officers, agents, and at- one of the most important reports the issue. The issue is Congress has not torneys should consider all relevant factors, written and released by any Federal authorized this so-called prosecutorial including, but not limited to— the agency’s civil immigration enforce- agency. Simply put, Mr. Speaker, this discretion. I was a prosecutor, many ment priorities; is a report about hunger in America. Members were prosecutors. Before I the person’s length of presence in the Our country is going through very was a judge, I was a prosecutor. United States, with particular consideration difficult economic times; the most dif- Prosecutorial discretion means this: given to presence while in lawful status; ficult since the Great Depression. One A case comes before the prosecutors’s the circumstances of the person’s arrival of the results of this recession has been office and you read the case and you in the United States and the manner of his an increase in hunger. Families who find out, hey, this person may not be or her entry, particularly if the alien came have lost their jobs or have seen their guilty or there is no evidence to prove to the United States as a young child; the person’s pursuit of education in the incomes reduced because of the econ- they did this. So you dismiss that case United States, with particular consideration omy have had a difficult time putting because the person is innocent. given to those who have graduated from a food on their tables. It’s common to see The law sets up reasons for why there U.S. high school or have successfully pursued families who once volunteered at or do- is prosecutorial discretion, but not so or are pursuing a college or advanced degrees nated to local food pantries now stand anymore. The Administration has writ- at a legitimate institution of higher edu- in line for food from these very same ten execeptions to the law. There are 20 cation in the United States; nonprofit organizations. Unfortu- reasons, Immigration Services says— whether the person, or the person’s imme- nately, these organizations have had diate relative, has served in the U.S. mili- by no means these are exhaustive—why difficulty meeting the demands they’ve people should not be deported any tary, reserves, or national guard, with par- ticular consideration given to those who faced over the past few years. longer. served in combat; The good news, I suppose, is that the What that means is Immigration the person’s criminal history, including ar- new USDA report shows that fewer peo- Services has given a list of reasons, rests, prior convictions, or outstanding ar- ple were food insecure in 2010 than in well, we are not going to deport these rest warrants; 2009. The bad news is that there are people for these reasons. They don’t the person’s immigration history, includ- still 48.8 million Americans who strug- have that authority. Congress writes ing any prior removal, outstanding order of gled to put food on their tables last the laws, not the administration. And removal, prior denial of status, or evidence year. just because the administration doesn’t of fraud; Frankly, Mr. Speaker, these numbers whether the person poses a national secu- like the law gives them no authority to rity or public safety concern; are unacceptable. It’s unconscionable say we are going to ignore certain laws the person’s ties and contributions to the that even one person in this country for this reason. I notice that this memo community, including family relationships; goes without food, let alone 48.8 mil- that came out from Immigration Serv- the person’s ties to the home country and lion people. It breaks my heart that ice came out while Congress was in re- conditions in the country; 16.2 million of these hungry people are cess. the person’s age, with particular consider- children. That’s almost a quarter of The chief enforcer of the law has the ation given to minors and the elderly; the total food insecure population. duty to enforce the rule of law. We whether the person has a U.S. citizen or President Obama pledged to end write them, the President enforces it. permanent resident spouse, child, or parent; childhood hunger by 2015. It’s clear, whether the person is the primary care- Whether the President, the administra- taker of a person with a mental or physical barring some dramatic shifts in policy, tion, Immigration Services likes it or disability, minor, or seriously ill relative; he’s not going to achieve that goal. I not, they are going to enforce the rule whether the person or the person’s spouse regret that very much; so should every of law and not come out with some is pregnant or nursing; elected Member of this Congress.

VerDate Mar 15 2010 02:47 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.003 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE September 8, 2011 CONGRESSIONAL RECORD — HOUSE H5971 While 48.8 million hungry Americans medical innovation, which goes into ef- tending this tax deduction for startup is a daunting figure, it’s important to fect in January 2013, could cost Amer- expenses gives entrepreneurs greater realize that these figures would be ica as many as 43,000 jobs in just the certainty for their financial planning much worse if it weren’t for the Sup- next several years. and greater incentives to start creating plemental Nutrition Assistance Pro- Mr. Speaker, there is still time to re- jobs. These tax cuts and small business gram, or SNAP. Formerly known as peal this tax. There is still time to pass startups will enable the private sector Food Stamps, SNAP is a true safety my bill to prevent this job-crushing tax to do what it does best—create jobs. net program that helps low-income in- from being implemented and ensuring Make no mistake: The challenge is dividuals and families buy groceries. that we do everything possible to re- daunting. The Great Recession was the The added benefit of SNAP is that it is tain these high paying, high-tech man- worst economic collapse in 80 years. At also an economic stimulus that bene- ufacturing jobs here in the United its height, America was losing 700,000 fits local economies. It’s a simple con- States. jobs a month; so Democrats in the last cept—for every SNAP dollar spent, Made in America innovation of med- Congress took action. We passed the $1.84 goes into the economy. ical devices is an American success Recovery Act, which cut taxes for 95 But despite what SNAP critics may story. But if we don’t stop this new in- percent of all Americans and increased claim, SNAP prevented millions of novation tax, we could see more jobs go infrastructure investment, saving and Americans from going without food. overseas and the decline of one of our creating hundreds of thousands of con- Without a doubt, yesterday’s food inse- leading U.S. industries. struction jobs. We provided educational curity numbers would have been much f support to train a more highly skilled worse if it weren’t for SNAP. workforce. We enacted a hiring tax PROVEN POLICIES RATHER THAN Mr. Speaker, hunger is a political credit to spur private sector hiring of POLITICAL POSTURING condition. We have the means to solve recently laid off workers, and we saw hunger if we muster the political will The SPEAKER pro tempore. The results. After months of horrific job to do so. SNAP is a proven program, Chair recognizes the gentleman from losses, America began more than 1 year one that prevents hunger while stimu- Virginia (Mr. CONNOLLY) for 5 minutes. of monthly private sector net job lating the economy. It’s for both the Mr. CONNOLLY of Virginia. Mr. growth, peaking earlier this year with moral reason and the economic reason Speaker, America needs jobs, and it’s 3 straight months of more than 200,000 that any deficit reduction proposal time we focused on proven policies private sector jobs created. In fact, in considered by the Select Committee on rather than political rhetoric and pos- the last 18 months, we created 2.4 mil- Deficit Reduction—the so-called super- turing. lion private sector jobs. The public sec- committee—must not cut SNAP or do We need a real jobs program that tor, however, has lost jobs every single anything that increases hunger and builds on actual successes. The Presi- month this year. Isn’t this the result poverty. dent tonight will be putting forward for which the Republicans actually ad- Cutting SNAP or similar antihunger his job creation proposal. Unfortu- vocated? programs will increase hunger, an ac- nately, some of our colleagues on the b 1020 tion which I believe is morally indefen- other side of the aisle have already de- sible. That’s why I will be circulating a cided that they are not even going to Didn’t they tell us that cutting gov- letter urging the 12 members of the se- come and respect the President’s joint ernment will free up the private sec- lect committee not to approve any def- appearance tonight. Talk about closed tor? Then why did we have just 17,000 icit reduction policies that will in- minds. private sector jobs created in August? crease hunger or poverty in this coun- According to reports, he will call for In fact, the job results this August, try. I urge my colleagues, Republican infrastructure investments and middle with the Republican economic plan in and Democrat, to join with me in this class tax relief through an extension of action, continued cutting and zero net important letter. the payroll tax cut, policies we know jobs created. A responsibility of government is to can create jobs. I look forward to work- It’s time we acknowledge that the protect the most vulnerable people in ing with the President and those who Republican ‘‘cut to create’’ philosophy our country while doing everything we are willing to work with us on the cuts the job market and creates only can to ensure that we pass on the other side to jump-start our economy uncertainty. The choice is simple: Poli- strongest country possible to our chil- and create American jobs. tics versus job creation. We’re all going dren and our grandchildren. Cutting To that end, I have introduced two to be listening with great attention to- SNAP, the program that literally pre- bills to incentivize private sector job night to the President, and I hope all of vents millions of Americans from going creation. They include tax cuts and us attend. hungry, would be wrong. And collec- private sector tax incentives, ideas f tively, we must do everything we can that work, ideas that Republicans tra- ditionally have supported. FINDING COMMON GROUND FOR to prevent any actions that increase JOB CREATION hunger in America. I introduced H.R. 11 to extend the These food insecurity numbers are successful Build America Bonds pro- The SPEAKER pro tempore. The sad and disheartening, but they are gram to leverage private sector invest- Chair recognizes the gentleman from also a call to action. We can do better. ment to facilitate needed infrastruc- Illinois (Mr. DOLD) for 5 minutes. We must do better. ture improvements. Repairing bridges, Mr. DOLD. Over the past several f building hospitals, renovating schools weeks, I’ve had the privilege to meet create jobs now. During the last 2 years with people from all over Illinois’s 10th TAX ON MEDICAL INNOVATION under the Build America Bonds pro- Congressional District. Whether I was The SPEAKER pro tempore. The gram, for every Federal dollar we in- at a senior center or holding a town Chair recognizes the gentleman from vested, we leveraged $41 of private sec- hall meeting, one thing was clear: The Minnesota (Mr. PAULSEN) for 5 min- tor support for more than 2,000 projects people are concerned about the econ- utes. in every State and created hundreds of omy, and they want Congress to work Mr. PAULSEN. Mr. Speaker, last thousands of jobs. Build America Bonds together to find solutions. Throughout year, as part of the new health care re- is the kind of public-private partner- August I toured several factories, held form law, a new $20 billion tax on med- ship that Republicans generally sup- town hall meetings, hosted a job fair ical devices was put in place. Since the port, and we know from the Recovery where over 600 people attended, and or- day this ill-conceived tax was first pro- Act that they create jobs. ganized meetings with manufacturers posed on medical innovation, I have I have also introduced legislation to and entrepreneurs. At each and every said it would reduce access to new life- expand the tax deduction for business one of these events people eagerly saving technologies and put American startups. Lending and venture capital shared their ideas about how to spur jobs on the line. Yesterday, a study was investments in small businesses, espe- the economy. And one thing also was released that confirms just that. Ac- cially startups, continue to lag signifi- clear, that they were fed up with Wash- cording to the report, this new tax on cantly behind traditional levels. Ex- ington’s politics as usual.

VerDate Mar 15 2010 02:47 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.005 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE H5972 CONGRESSIONAL RECORD — HOUSE September 8, 2011 Mr. Speaker, we know Washington that are falling, transit systems that tion has not gone unnoticed. Last doesn’t create jobs. Small businesses are based in 19th- and early 20th-cen- month, Time magazine featured them and entrepreneurs do. But Congress tury technology; and our competitors on its front cover as examples of a new does have the responsibility to create are building out a 21st-century infra- generation of emerging leaders. The an environment that fosters job cre- structure. people of Statesville and North Caro- ation and removes barriers that stifle We need a bold vision. We don’t need lina could not be more proud of these innovation and economic growth. another little dribble or drab in infra- veterans and their exemplary dedica- Tonight, Mr. Speaker, we’re going to structure. We sure as heck don’t need tion to serving others. hear from the President. I’m looking another one of these stupid shovel- John Gallina and Dale Beatty have forward to finding common ground so ready project things. We need long- overcome great odds to succeed in their that we can put people before politics term investment. When you do long- mission of serving others. Their stir- and progress, before partisanship so we term investment, the private compa- ring example gives me confidence that can get America back to work. nies who build all these projects—these they have only just begun to accom- f aren’t government projects. Taxpayers plish great things. I hope that many fund them. The private sector builds others follow in their footsteps and are WE NEED A BOLD VISION FOR THE them. Many small businesses, they will inspired to serve those in need. ECONOMY go out and buy equipment. When they f The SPEAKER pro tempore. The buy equipment, especially if we put Chair recognizes the gentleman from Buy America requirements on all these MEMO TO THE SUPERCOMMITTEE: Oregon (Mr. DEFAZIO) for 5 minutes. proposals, they’ll buy things that will CUT WAR SPENDING, NOT THE Mr. DEFAZIO. We have the economy be made in America that will put peo- SAFETY NET the tax cuts will give us. Eight years of ple back to work in manufacturing. The SPEAKER pro tempore. The Bush tax cuts, 2 years of Bush-Obama So this isn’t just about construction Chair recognizes the gentlewoman from tax cuts, and now the individual jobs. It’s about manufacturing jobs, it’s California (Ms. WOOLSEY) for 5 min- Obama tax cut proposals. We have $5 about engineering jobs, it’s about small utes. trillion borrowed, distributed generally business jobs. But it needs to be a Ms. WOOLSEY. Mr. Speaker, today with the Bush tax cuts, principally to major, bold, long-term vision on build- the Joint Select Committee on Deficit the job creators, as the Republicans ing a 21st-century infrastructure for Reduction holds its first organizational call them—millionaires and billion- America to make us more competitive meeting; and it does this as it begins aires—and in little bits to working in the world. its work on reaching the spending cut Americans. It’s not working. So why Enough with the tax cuts. They don’t benchmarks called for in the debt ceil- would we do more of the same? work. They don’t put people back to ing compromise. Apparently, the President tonight is work. Guess what? If you don’t have a I have a suggestion for the 12 mem- going to propose again to extend the job, you don’t get a tax cut, do you? bers who have been entrusted with this Social Security tax holiday. Two Let’s do something for the people who responsibility. I know exactly the place things wrong with that, maybe three. need jobs and for the future of the they should identify for their savings. One, it’s not putting anybody back to country and for our kids with a grand It’s a government program that’s been work. Two, we borrowed $110 billion long-term vision tonight, not more of notorious for waste and cost overruns. this year to put into the Social Secu- the same. It’s been cited many times over by neu- rity trust fund because we cut the in- f tral experts for its excess and ineffi- come of Social Security by $110 billion. ciency. It hasn’t achieved its stated And now we’re being told perhaps we PURPLE HEART HOMES HELPS goals and it is deeply unpopular with should double down. Let’s give both the WOUNDED VETERANS LIVE WITH the American people. employers and the employees a little DIGNITY I’ll give you a hint. It’s not Medicare bit of a Social Security tax holiday. The SPEAKER pro tempore. The or Social Security. It’s not food stamps That’s $20 a week to someone who Chair recognizes the gentlewoman from or unemployment benefits or Pell earns $50,000 a year. Not bad. They can North Carolina (Ms. FOXX) for 5 min- Grants or WIC. It’s not any of the pro- use it. It’s probably about the dif- utes. grams that comprise the safety net for ference they pay for filling up their car Ms. FOXX. Mr. Speaker, over the dis- our Nation. It’s not any initiative de- to get to work. But ExxonMobil isn’t trict work period, I had the chance to signed to lift up the American people hiring. Or maybe they use it to put attend a celebration sponsored by the and giving them a chance to rise above food on the table for the kids or maybe Statesville Chamber of Commerce to difficult economic times. buy junk from China. It’s an old eco- honor the founders of a remarkable or- No. It’s a decade-long effort that has nomic theory: Put money in the pock- ganization called Purple Heart Homes, been fiscally irresponsible, eroded our ets of Americans and the idle plant ca- based in Statesville, North Carolina. moral authority around the world, and pacity in America will rev up and hire John Gallina and Dale Beatty, both cost our Nation more than 6,000 pre- Americans to make things in America. combat-wounded disabled veterans, cious lives. We don’t make things any more be- founded Purple Heart Homes in 2008 to cause of failed trade policies. Appar- help other disabled veterans live with b 1030 ently, failed trade policies are going to dignity. That’s right, Mr. Speaker, our ongo- be part of this jobs proposal. Beatty and Gallina were severely in- ing wars in Afghanistan and Iraq are Three more Bush free trade proposals jured in Iraq in 2004 when their Humvee the perfect target for the spending cuts now adopted by Obama. That would be was blown up by an anti-tank mine. As our country needs to restore fiscal bal- a disaster if that’s a part of this so- a result of their injuries, these two ance. called package. It would be a travesty. friends discovered a new passion—help- I have written a letter to the super- Let’s forget about the tax cuts. Let’s ing other service-disabled veterans of committee, cosigned by 23 of my col- not just have a little dribble or drab of all ages. Their mission is to provide ap- leagues—so far, they’re still signing infrastructure investment. People say, propriate housing solutions to disabled on—strongly urging the committee to Oh, the stimulus failed. What hap- veterans at little or no cost. They take a hard look at the overwhelming pened? All your infrastructure invest- know firsthand the value of returning crippling costs of these wars. Afghani- ment, 40 percent of that stimulus was home after serving America while de- stan alone is costing the American peo- tax cuts; 7 percent was investment in ployed, and they understand just how ple at least $10 billion a month, and to infrastructure. Yes, it worked, but it much it means for service-disabled vet- date, Iraq and Afghanistan combined was a pathetically small part of the erans to have a usable and accessible have sucked the Treasury dry to the package in a country that has a $3 tril- home. tune of a staggering $2.3 trillion—not lion infrastructure deficit, with dams Their leadership, hard work, and million, not billion, $2.3 trillion. that are failing, levees that are failing, commitment to honoring those who Frankly, this would be a rip-off at a highways that are crumbling, bridges have sacrificed so much for their Na- fraction of the cost. If these wars were

VerDate Mar 15 2010 02:47 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.007 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE September 8, 2011 CONGRESSIONAL RECORD — HOUSE H5973 revenue neutral, if they carried no Continuing to build on our efforts in turn of the century when the child pov- price tag at all, I would say it’s not the House to grow the economy and erty rate dipped to 16 percent. By 2009, worth it. Just during the month of Au- create jobs, the majority leader re- the rate has risen to 21 percent, with gust, when Congress was in recess, 70 cently announced the upcoming fall 15.5 million children living in poverty. more brave Americans died in Afghani- and winter legislative schedule for This disturbs me greatly. Children who stan, making last month the single Congress, which will focus on reducing grew up in poverty are more likely to deadliest month of this 10-year war. and repealing unnecessary government be poor during adulthood. Children who The notion that things are looking regulations to create a more certain were born in middle class families have up in Afghanistan is ridiculous on its economic environment to provide our a 76 percent chance of being middle face. Our continued occupation is im- true job creators with the confidence class. Poor children only have a 35 per- peding progress, not making it; fanning and the freedom necessary to expand cent chance of escaping poverty. the flames of the insurgency instead of and hire. On Friday, September 16, in conjunc- putting them out; making us less safe, I was glad that the Farm Dust Regu- tion with the National Association of not more. And for this, we are asking lation Prevention Act, H.R. 1633, a bill Social Workers, I will be conducting a our people here in the United States to I coauthored with Representative forum on The Future of New York go without. NOEM, was included as a part of this City’s Children. One thing we will be Less than 12 hours from now, how- overall agenda on jobs and regulatory doing is taking a look at what we are ever, the President will be speaking relief, and I am glad that the House doing for children in poverty. This is from the Chamber, and he will be talk- will take action on this important bi- still the greatest nation on Earth. We ing about his job creation strategy. My partisan legislation. H.R. 1633 will pro- are still the richest nation on Earth. colleagues on the other side of the hibit the EPA from burdening farmers There is just no good reason why so aisle, I fear, will react by saying we and small business owners in rural many of our citizens are living in pov- can’t spend a dime more to solve our America with additional dust regula- erty. We must do better. devastating economic crisis and put tions so they can focus on growing f Americans back to work, yet the over- their businesses and putting people whelming majority of them have noth- back to work. PRESIDENT OBAMA’S SPEECH ON ing at all to say about the trillions of As the President prepares to address JOB CREATION dollars we’ve wasted and are con- a Joint Session of Congress this The SPEAKER pro tempore. The tinuing to spend on reckless, senseless, evening to unveil his latest jobs plan, Chair recognizes the gentleman from immoral wars. it is my hope that he will take this op- Florida (Mr. SOUTHERLAND) for 5 min- It’s true that budgets are about portunity to urge the Senate to act on utes. choices. Which will we choose: the the bipartisan House-passed jobs bills, Mr. SOUTHERLAND. Mr. Speaker, human destruction of seemingly end- move past his failed stimulus meas- when the President steps into this less wars abroad or the pressing human ures, abandon his threats of more tax Chamber tonight, he will be addressing needs we have here at home? an American public that has grown The supercommittee has a big job, hikes, and join with us in the House in Mr. Speaker. It will be grossly irre- supporting those policies that put our weary of unfulfilled promises and sponsible for them to ignore one of the economic recovery in the hands of the empty, prepackaged rhetoric. He will biggest ticket items when they’re mak- people of the Fifth District and all be speaking to a restless Nation that ing their considerations. Let’s help Americans instead of the Federal Gov- grows louder than ever in its demand solve our budget crisis and our moral ernment. for strong, visionary leadership from crisis at the same time by bringing our f its government leaders. They want so- troops home. lutions. OUT OF POVERTY CAUCUS Not one job was added during the en- f The SPEAKER pro tempore. The tire month of August. I will remind all JOB CRISIS IN AMERICA Chair recognizes the gentleman from of us that it requires 150,000 new jobs The SPEAKER pro tempore. The New York (Mr. TOWNS) for 5 minutes. each and every month for this coun- Chair recognizes the gentleman from Mr. TOWNS. Mr. Speaker, as the try’s economy just to break even. For Virginia (Mr. HURT) for 5 minutes. ranks of the unemployed continue to 31 straight months, the unemployment Mr. HURT. Mr. Speaker, I rise today swell, all eyes have been focused on the rate has been above 8 percent, the low- to address the current state of the plight of the middle-income working est percentage of Americans holding a economy and the jobs crisis that is fac- Americans. Many of their fortunes job in 28 years, over half of my life- ing Virginia’s Fifth District and our have changed dramatically for the time. Nation. worse. Many have lost their homes to Two hundred nineteen newly planned The August jobs report that was re- foreclosure, many have seen their re- regulations are on tap for the Amer- leased last week showed that no net tirement accounts all but disappear, ican people if not stopped, costing over new jobs were added to the economy in and, sadly, many of those who have $100 million each. The average small the month of August, while unemploy- been out of work for months have fall- business with fewer than 20 employees ment remains unacceptably high at 9.1 en below the poverty level. faces yearly regulatory costs of over percent, underscoring the urgent need From 2006 to 2009, more than 7 mil- $10,000. for real change in Washington so we lion Americans joined the ranks of the 1040 can get America working again. poor. Next week, on September 13, the b To help jump-start our economy, the Census Bureau will publish its annual Total yearly regulatory costs equal House has been laser focused on sup- report on poverty and income. We ex- $1.75 trillion, according to the Small porting those policies that seek to re- pect dire news again. These are not Business Administration. And accord- move the Federal Government as a bar- just poor people; they are poor Ameri- ing to the EPA Numeric Nutrient Cri- rier to job creation, to unleash innova- cans. The vast majority of poor people teria Standards, these standards would tion and invite opportunity in the pri- in this country are not poor because cost the State of Florida, my home vate sector. To this end, the House has they are lazy and don’t want to work state, over 14,000 agriculture jobs already passed several pro-growth or to do better. Many people are poor alone. And a GDP, I might say, that measures that could immediately help because they grew up in poverty and grew this year at just 0.4 percent in the spur job creation in Virginia’s Fifth could not find the means to escape. first quarter. District and across our country. Unfor- They were trapped by failing schools, The American small business people, tunately, the Senate has inexplicably broken families, poor nutrition, and Mr. President, deserve real results. refused to take action on these bills, hopeless conditions. They will expect that tonight. They blocking progress on commonsense so- In recent years, we have witnessed a will expect that from this entire body lutions that would help turn our econ- dramatic increase in the number of from this point forward. omy around at a time when we need it children living in poverty. It looked American small business people are most. like we were making progress at the real people, people like Jay Trumbull.

VerDate Mar 15 2010 02:47 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.009 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE H5974 CONGRESSIONAL RECORD — HOUSE September 8, 2011 Jay is a personal friend I’ve known for that we have swept under the rug for nificant investment in the programs a long time. He lives in my own con- far too long: The fact that millions of and projects that not only better our gressional district. Jay is an inde- children, families and adults are living country but put Americans back to pendent dealer for Culligan Water, a in poverty in America. work. That’s why the cochairs of the company with offices in Panama City, Last month, the Annie Casey Foun- Out of Poverty Caucus, Congressman Tallahassee, and Fort Walton Beach. dation released its KIDS COUNT Data JOE BACA, Congressman BUTTERFIELD, He has been in business for over 30 Book, which includes state-by-state Congressmen CONYERS and MIKE years delivering water purification sys- rankings and data on child well-being HONDA, we sent a letter to the Presi- tems and installing water softeners and in the United States. dent asking him to create a big and drilling wells throughout north and It’s a tragedy, Mr. Speaker, that this bold jobs plan that will address the northwest Florida. report reveals that the child poverty needs of workers and those seeking Jay told me that he’s never seen con- rate increased 18 percent from 2000 to work across this country. This will re- ditions as bad as during the past 3 2009. Eighteen percent. Every gain in sult in helping our economy, our com- years of this administration. Over the the fight against child poverty across munities, and our Nation’s children. last 3 years, Jay estimates that his America in the 1990s was lost from the While we believe that the investment personal business has dropped over 25 year 2000 to 2009. could and should take many forms, we percent. Jay says that continued eco- We now have 2.4 million more chil- urge President Obama to include key nomic uncertainty has made it very dren across America living below the programs and proposals that will sup- difficult, almost impossible for him to Federal poverty line. It’s a moral out- port low income people and grow our expand his work force and to purchase rage that, in this prosperous country, economy: Restoring TANF; maintain- new work vehicles. so many of our children are suffering, ing the emergency extension of unem- He has said that he receives 25 to 30 and we know that the impact is far ployment insurance benefits, extend job inquiries each and every week, peo- worse in communities of color. these benefits by 14 weeks; expand tar- ple seeking employment, but he says While the national child poverty rate geted Federal on-the-job training pro- he’s stuck in a ‘‘holding pattern’’ due is a staggering 20 percent, when we grams; expand Federal programs that to this administration’s failed eco- break it down, we find some tragic and support, train and focus on youth; ini- nomic policies. heart-wrenching numbers. The child tiate a work-sharing program that We’ve all heard similar stories. With poverty rate for non-Hispanic White would subsidize wages at firms that 25 million Americans who are unem- children is 12 percent. For African manage to substitute shorter hours for ployed or underemployed, we can all American children it’s 36 percent. For layoffs. count family, friends, and neighbors American Indian and Alaska Native We look to President Obama to present a bold package of direct invest- among those who are struggling to find children, it’s 35 percent. For Hispanic ment which is aimed at our Nation’s work. and Latino children, it’s 31 percent. most vulnerable, those facing or living The American people will be listen- And for Asian American and Pacific Is- in poverty. ing very closely tonight to this ad- landers, the rate is 13 percent. But And most importantly, we look to among Southeast Asian American chil- dress. They will be hoping, they will be the Republican majority to stop ob- dren, the poverty rate is 22 percent. praying that this President acknowl- structing Democratic efforts to put edges we need to chart a new course. These statistics, these children, this childhood poverty rate, this is unac- people back to work. I urge the Repub- Government doesn’t create jobs, but it licans to end their ‘‘no jobs’’ agenda ceptable. This data confirms what certainly, certainly can destroy them. that makes it easier for corporations we’ve seen in our communities all We need tonight to reduce regulatory to send American jobs overseas, pro- along—the irresponsible fiscal policies burdens on our small businesses. Small tects tax breaks for Big Oil, and ends of the prior administration plunged businesses make up 85 percent of this Medicare. I hope they know that to working families, especially those in Nation’s economy. We need to stream- make it in America, we must Make It communities of color, into poverty. line our Tax Code to spur investment In America. and create jobs. This report also reveals the impact of We need to help the American manu- the Great Recession on children and f facturers be more competitive. We need their families. Nearly 8 million chil- ISRAEL to expand access to safe, affordable dren lived with at least one parent who The SPEAKER pro tempore. The American-made energy. And of course, was actively seeking employment but Chair recognizes the gentleman from we all know we should, by now, that we was unemployed in 2010. This is double New York (Mr. ENGEL) for 5 minutes. must pay down our crushing burden of the number in 2007, just 3 years earlier. Mr. ENGEL. Mr. Speaker, yesterday I our debt. Mortgaging our children’s fu- That’s why I again call upon the came back from a trip to Israel, and I ture is immoral. It is unacceptable. Speaker to bring my legislation and wanted to share with my colleagues That is the agenda that the Amer- Congressman SCOTT’s legislation, H.R. some of the things that are going on ican people want to hear about tonight, 589, to the floor for an up-or-down vote currently in the Middle East and some Mr. President. And until we do our jobs immediately, to help millions of chil- of the things that will happen within here in Washington, the American peo- dren with job-seeking parents to get the next couple of weeks. ple will continue to find it harder and out of poverty. First of all, it’s always a pleasure to harder, if not impossible, to do theirs. We have 13.9 million people out of visit Israel, the only democracy in the f work, 6.2 million of whom are long- Middle East. It’s a pleasure to watch. term unemployed. Worse yet, these Last Saturday night there were dem- ANNOUNCEMENT BY THE SPEAKER numbers do not include those people onstrations throughout Israel, the PRO TEMPORE across this country who have given up young people, in the democratic way, The SPEAKER pro tempore. Mem- on trying to get a job or those who are voicing their feelings about important bers are reminded to address their re- unemployed. issues, just like we do here in the marks to the Chair. And communities of color continue United States, and the people in Israel f to carry the burden of higher unem- who are doing this. In a region where ployment rates than the national aver- you have governments in Syria killing CONGRESSIONAL OUT OF POVERTY age of 9.1 percent. African Americans their own people, demonstrations and CAUCUS have an unemployment rate of 16.7 per- soldiers firing on people in Libya and The SPEAKER pro tempore. The cent, and Latinos an unemployment Egypt, in Israel you have peaceful dem- Chair recognizes the gentlewoman from rate of 11.3 percent. So the legislation onstrations and no fear of the police or California (Ms. LEE) for 5 minutes. I referenced increases unemployment the military the harming people be- Ms. LEE. Mr. Speaker, I rise today as compensation by 14 weeks for what we cause Israel is a full-fledged democ- one of the founding cochairs of the call the 99ers. racy, just like we are, just like the Congressional Out of Poverty Caucus Our Nation has a job crisis, and this United States is, and it was a pleasure to, once again, bring to light an issue is a national emergency requiring sig- to be in that country.

VerDate Mar 15 2010 02:47 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.011 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE September 8, 2011 CONGRESSIONAL RECORD — HOUSE H5975 b 1050 If we had a situation where terrorists and to those to whom we’re involved There are several things that are were firing missiles at us from any of with throughout the world. happening during the next few weeks, the border countries, Mexico or Can- It is in the name of Jesus that we and a number of them are at the ada, we wouldn’t stand for it for a sec- pray. United Nations in my home city in ond. We would go in and clean out the Amen. New York. terrorists that are threatening our ci- f The Palestinian leadership has de- vilian population. THE JOURNAL cided that it will go to the United Na- Israel has the absolute right to do tions to try to get a declaration of that. And the United Nations, in a rare The SPEAKER. The Chair has exam- statehood. Now, that is something that instance where it agreed with Israel, ined the Journal of the last day’s pro- I believe, and any reasonable person be- just came out with a report saying that ceedings and announces to the House lieves, should be decided in face-to-face the Israeli blockade of Gaza to prevent his approval thereof. negotiations between Israel and the weapons and weaponry from killing Pursuant to clause 1, rule I, the Jour- Palestinians. Israeli citizens was legal. nal stands approved. In any dispute anywhere in the So of course we had the flotilla. It f world, the only way that you can re- came from Turkey. And there was an PLEDGE OF ALLEGIANCE solve the issue is if the two adversaries incident that they were trying to break sit down and hammer out the issues— the blockade. And there was an inci- The SPEAKER. Will the gentle- not by going to the United Nations, dent. And of course what happened woman from California (Ms. CHU) come which is, frankly, a kangaroo court with it was the people were killed. And forward and lead the House in the against Israel. There are so many reso- Turkey has used that as an excuse to Pledge of Allegiance. lutions that get passed year in and be belligerent against Israel. Ms. CHU led the Pledge of Allegiance year out against Israel. Israel can I would say to Turkey they ought to as follows: never have a fair shake. stop the nonsense, act more like a I pledge allegiance to the Flag of the And thinking the Palestinians are NATO country, and act more like a United States of America, and to the Repub- thinking that if they go there somehow country that wants to go into the Eu- lic for which it stands, one nation under God, or other they will have a state, in re- ropean Union, not a country that is indivisible, with liberty and justice for all. ality it will make it even worse. sympathetic to extremism and not a f Because what happens is if the country that is saying the most bellig- WELCOMING PASTOR CLARK United Nations declares a Palestinian erent things. Just tone down and scale JOHNSON state, that shows that there need not back its diplomatic recognition with be any negotiations. And down the Israel. I ask Turkey to act like a NATO The SPEAKER. Without objection, line, the Palestinian leadership will nation. the gentlewoman from Kansas (Ms. not be able to settle for anything less f JENKINS) is recognized for 1 minute. than what the resolution says. And no There was no objection. RECESS Israeli government, frankly, can agree (Ms. JENKINS asked and was given to what a likely resolution is likely to The SPEAKER pro tempore. Pursu- permission to revise and extend her re- say. And it will set back the cause of ant to clause 12(a) of rule I, the Chair marks.) negotiation and the cause of peace even declares the House in recess until noon Ms. JENKINS. Mr. Speaker, I am so greater. today. pleased this morning to welcome a fel- So I would say to the countries of the Accordingly (at 10 o’clock and 55 low Kansan to the halls of Congress. United Nations not to do a knee-jerk minutes a.m.), the House stood in re- Pastor Clark Johnson is here today reaction, but to think about what will cess until noon. serving as Guest Chaplain to the House really bring peace to the region. A two- f of Representatives, and I have to say it was a nice start to the day with a pray- state solution, which I support—a Pal- b 1200 estinian state and Israel living side by er infused with a little Kansas spirit. side in peace—that is what we want. AFTER RECESS Pastor Johnson joined the Topeka And I should say the Jewish State of The recess having expired, the House community in 1989 when he accepted Israel and an Arab-Palestinian state was called to order by the Speaker at the call to become senior pastor of the living side-by-side in peace. noon. First Southern Baptist Church in To- If the Palestinians truly want peace, f peka, and over the last 20 years, Pastor they can get it. They can get it by Johnson has built a true family at his face-to-face negotiations, not by run- PRAYER church with members steadfastly ning to the United Nations and having Reverend Clark Johnson, First working together for the greater glory a resolution that will set back the Southern Baptist Church, Topeka, of Our Lord and Saviour. cause of peace for many, many years to Kansas, offered the following prayer: Kansas and Topeka are so blessed to come. Lord God, we begin our day by hum- have Pastor Johnson in our commu- Now, another thing that’s happened bly thanking You for Your love, from nity, and the House is especially in the region has been frankly the bel- which comes the blessings of life. blessed to have Pastor Johnson with us ligerence of Turkey with Israel. Tur- Among those blessings, none seems today. I want to thank him for his key is a NATO nation, but for some more important or more needed to this service, and wish him well for many reason the leadership in Turkey has de- legislative body than the gift of wis- years to come. cided that they want to look away dom. f from democracy. They want to look to- We pray that each Member of this wards Iran and towards the Middle Congress will seek the wisdom that ANNOUNCEMENT BY THE SPEAKER East. So they have become increas- comes from You. We are thankful for PRO TEMPORE ingly hostile towards Israel. the leaders who use that wisdom to dis- The SPEAKER pro tempore (Mr. POE And we have, of course, the flotilla cern direction and implement the right of Texas). The Chair will entertain up incident where Israel has a blockade of course of action to enrich the lives of to 15 further requests for 1-minute Gaza because the Hamas terrorist orga- the citizens they represent. And I pray speeches on each side of the aisle. nization is in Gaza and in control of for them personally, the demands made f Gaza, and Israel has to be very, very upon them, the heavy burdens and re- sure that it protects its citizens from sponsibility, the lifestyle interrup- EMPOWERING PARENTS THROUGH terrorism. We have had rockets and tions, that they will physically, men- QUALITY CHARTER SCHOOLS rockets and rocket barrages fired into tally, and emotionally remain stead- (Mr. WILSON of South Carolina Israel from Gaza, Israeli citizens being fast to the task. asked and was given permission to ad- killed. No country would ever allow Lord, we collectively lift our Nation dress the House for 1 minute and to re- that to happen. to You, that it will be a blessing to You vise and extend his remarks.)

VerDate Mar 15 2010 02:47 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.013 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE H5976 CONGRESSIONAL RECORD — HOUSE September 8, 2011 Mr. WILSON of South Carolina. Mr. We talked about how to get our econ- warmly by those who knew him. He Speaker, House Republicans today are omy moving again, and many of my also was recently appointed to a posi- seeking to empower parents through constituents are convinced that we tion of leadership within his faith com- the Empowering Parents Through must get government out of the way, munity, as second counselor in the Quality Charter Schools Act. cut spending, cut redtape, keep taxes Bishopric of the Church of Jesus Christ Charter schools are public schools low. They know, as I do, that govern- of Latter-day Saints in Kaibeto. created through a contract with an au- ment itself cannot create jobs. They Sergeant Curley was a kind man who thorized agency or local school dis- know that the best thing we can do to was always willing to do for others, trict. This bipartisan legislation en- help our economy is to create a pro- dedicating his life to improving the courages states to support the expan- growth environment, reasonable regu- safety and security of the people of the sion and development of charter lations, fiscal sanity, and a cleaner, Navajo Reservation, where he was schools. It allows for successful charter fairer Tax Code. raised and lived his life. school models to be duplicated. Fi- I’m pleased that that will be our It is outstanding individuals like Ser- nally, it accounts for an evaluation of agenda here in the House this fall, and geant Curley that have the experience the impact charter schools have on stu- I look forward to serving my constitu- and courage to serve and protect our dents, families, and communities. More ents by giving our job creators the cer- communities, as well as put their lives importantly, it encourages the sharing tainty they need to expand, hire, and in danger for the safety of others. My of best practices between charter and get our economy moving again. thoughts and prayers are with Ser- traditional public schools. f geant Curley’s family, the Navajo Na- Charter schools enable parents to tion, and the broader northern Arizona RESTARTING OUR ECONOMY have a more active role in their chil- law enforcement community for such dren’s education. They pave the way (Mr. MORAN asked and was given an outstanding individual. permission to address the House for 1 for teachers to introduce fresh teach- f ing methods while providing a viable minute and to revise and extend his re- option for students to escape from marks.) b 1210 underperforming schools. This legisla- Mr. MORAN. Mr. Speaker, tonight MAKE IT IN AMERICA tion is important to the educational the President will try, once again, to (Ms. HOCHUL asked and was given needs of our Nation’s families and chil- restart this economy. But the problem permission to address the House for 1 dren. is not with the President or his poli- In conclusion, God bless our troops, cies. It’s here with the House majority minute and to revise and extend her re- and we will never forget September the who will oppose whatever he proposes. marks.) 11th in the global war on terrorism. They will say that we tried the stim- Ms. HOCHUL. Mr. Speaker, this sum- mer I heard one message over and over f ulus and it didn’t work. But one of the reasons why the economy is slowing as I visited my district: We need to cre- JOBS down is that stimulus dollars are dry- ate a jobs program to get our people (Ms. CHU asked and was given per- ing up. back to work. mission to address the House for 1 They will say that we need to cut I was sent to Washington to work minute.) corporate tax rates. But corporate with anybody and everybody who’s Ms. CHU. Mr. Speaker, American after-tax profits are at an all-time willing to put aside the partisan bick- families are profoundly worried. Many high. They will say that we need to de- ering and get the job done for Ameri- have lost their jobs. They’ve seen col- regulate the financial markets, but it cans. Yet we wasted a tremendous lege tuition rise, and watched their was that kind of deregulation that put amount of time this summer fighting nest egg shrink. Unemployment is us into this mess in the first place. over the debt ceiling and issues that stuck at 9.1 percent. You can feel the What we need is the faith to invest in had nothing to do with creating jobs in pain. this country’s future. There are $2.2 this country. Starting today, let’s get That is why a jobs bill is so critical. trillion of infrastructure projects that back to work. And yet, after 9 months of the Repub- need to be funded. Every billion dollars I’ve got to tell you, folks, I was also licans taking over the House, they that goes into this country’s infra- very offended when I was at an Akron haven’t passed a single jobs bill. In- structure creates 47,500 more jobs and, ‘‘Congress on Your Corner,’’ when a stead, they voted 10 times against job in fact, generates $6.2 billion of addi- Marine held up a cap that said ‘‘United creation plans. They passed bills that tional economic activity. States Marine Corps’’ on the top and it gut millions of American jobs. That’s what we need to do. That will was made in China. I’ve got an amazing And Governor Perry even attacked work. That will make our country company right back in my district, one of the few programs still keeping stronger, will reduce the deficit and New Era Cap, that could have made Americans afloat, calling Social Secu- will put people back to work. that. rity ‘‘a Ponzi scheme,’’ blaming seniors f Let’s get people back to work work- for defrauding younger generations. ing in America. Make it in America. Americans need more than empty HONORING THE MEMORY OF THE Let’s get the job done. LATE SERGEANT DARRELL CUR- promises. Tonight we will hear a pro- f posal from the President. Let’s work LEY JOBS together to finally provide real solu- (Mr. GOSAR asked and was given tions that will put people back to work permission to address the House for 1 (Mr. BILIRAKIS asked and was given and give them hope for the future. minute and to revise and extend his re- permission to address the House for 1 f marks.) minute.) Mr. GOSAR. Mr. Speaker, I rise Mr. BILIRAKIS. Mr. Speaker, while AN AUTUMN GROWTH AGENDA today in honor of the memory of the working in Florida during August, I (Mr. HULTGREN asked and was late Sergeant Darrell Curley of the hosted two small business roundtables given permission to address the House Navajo Police Department who, after because I wanted to hear from my con- for 1 minute.) 26 years of dedicated service, lost his stituents on how the Federal Govern- Mr. HULTGREN. Mr. Speaker, over life in the line of duty on June 25, 2011. ment can best help the small business the last months I’ve had the privilege Sergeant Curley was killed in the community. Their message was loud to travel across the 14th Congressional line of fire responding to a call in his and clear: Washington needs to get out District in Illinois. I’ve met with hun- community, Kaibeto, where he lived of the way so small businesses can in- dreds of my constituents at town hall with his wife, Pauline, and three chil- novate, grow, and create desperately meetings, coffee shops, diners, and in dren, Arielle, Bronte, and Derrick. needed jobs. their workplaces. Over and over I heard Sergeant Curley was a dependable Burdensome regulations, the crip- the same concern about our economy public servant and an outstanding fam- pling costs of Federal health care re- and our Nation. ily man whose smile is remembered form, and uncertainty surrounding the

VerDate Mar 15 2010 02:47 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.016 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE September 8, 2011 CONGRESSIONAL RECORD — HOUSE H5977 Tax Code are holding businesses back minute and to revise and extend his re- Coming back here, we’ve got a lot of from making crucial decisions. marks.) work to do. We’ve got a budget that’s Jeff, a constituent who owns a mov- Mr. WELCH. Mr. Speaker, the scene going to expire at the end of this ing company, told me, ‘‘GUS, I have to my right is a typical scene in month, transportation and infrastruc- money in the bank. I’d love to do some- Vermont. It’s the result of the fury of ture which will expire, Federal avia- thing with it, but I can’t when every- Hurricane Irene. The damage to home- tion, small business, research and de- thing is so uncertain.’’ owners, to businesses, to the State in- velopment, disaster relief—and, by the Reducing unnecessary regulations frastructure is immense. way, the post office is about to go and simplifying the Tax Code would This scene inflicted itself on 47 dis- bankrupt. Yet with all of these to-do help provide the certainty that busi- tricts represented by Members of this items and 21 days left in this month, ness owners like Jeff need to make the House of Representatives. The fury of the leadership of this House has only decisions that drive the economy for- Irene was indiscriminate in who was on scheduled 5 full working days. That is ward. the receiving end of a very bad storm. a schedule that would make Homer f That was an act of God. The relief will Simpson blush. come as a result of an act of Congress. Mr. Speaker, it is time for the leader- WORDS OF JOHN ADAMS Republicans represent Democrats in ship of this House to scrap that sched- (Mr. QUIGLEY asked and was given their districts; Democrats represent ule, get us to work, get these issues permission to address the House for 1 Republicans in our districts. We have a done, create some certainty in this minute.) mutual responsibility to work together country and some confidence that Mr. QUIGLEY. ‘‘I fear that in every to get the tools back to those first re- Washington can get the job done and assembly, members will obtain an in- sponders, to those municipalities, to stop the lackadaisical do-nothing fluence by noise, not sense. By mean- those volunteer firefighters who are schedule which is leading this country ness, not greatness. By contracted doing the very hard work in each and totally without trust and confidence hearts, not large souls.’’ every one of our districts to recover about whether or not we as a Nation Mr. Speaker, John Adams wrote from Hurricane Irene. can address the challenges facing us. those words to his wife over 200 years Mr. Speaker, we had a meeting this f ago, but the same fear lives today. Con- morning of a coalition to fight for re- gress is back in town and all anyone lief for Hurricane Irene. We’re going to SHOOTINGS IN CARSON CITY, wants to know is when, not if, we will get the funds back to our first respond- NEVADA tear each other apart. I think we are ers, to our municipalities and States, (Mr. PALAZZO asked and was given better than that. to our families so that they can get the permission to address the House for 1 As we move into September and to- job done. minute.) Mr. PALAZZO. Mr. Speaker, I rise night’s address, let’s remember how f John ended that letter to Abigail: today to honor the 11 victims of the ‘‘There must be decency and respect, JOBS AND IMMIGRATION shooting in Carson City, Nevada, in- and veneration introduced for persons (Mr. BROOKS asked and was given cluding five of my fellow National of authority of every rank, or we are permission to address the House for 1 Guardsmen. undone. In a popular government,’’ minute.) As a member of the Mississippi Army wrote Adams, ‘‘this is our only way.’’ Mr. BROOKS. Mr. Speaker, this National Guard, I have the utmost re- f morning a ‘‘jobs now’’ protest and spect for what these men and women chant reverberated through the Ray- do on a daily basis and the trials and PLAN FOR AMERICA’S JOB burn House Office Building. tribulations that go along with being a CREATORS Per a 2009 study by the Pew Hispanic citizen soldier. They risk danger and (Ms. FOXX asked and was given per- Center, 7.8 million illegal aliens hold loss of life every time they put on the mission to address the House for 1 jobs in America. uniform. They should not have to face minute.) Mr. Speaker, there is a surefire way danger in their own backyards. Ms. FOXX. Mr. Speaker, the seasons to create jobs now for American citi- Unfortunately, the sacrifices that may be changing but our Nation’s jobs zens: Evict all illegal aliens from many of these soldiers and their fami- crisis is not. With unemployment still America and immediately open up mil- lies make for our country go largely at 9.1 percent and no measurable job lions of jobs for American citizens. unnoticed by many Americans. I hope growth in August, I’m glad to hear that That also forces blue-collar wages up, that my colleagues in the House will this administration is ready to find helping American families afford and join me in commending the work our common ground with Republicans to pursue the American Dream. National Guard does every day both help create jobs. Unfortunately, the White House here and overseas. But before he addresses the Nation chases a different dream, a nightmare I hope for a quick recovery for all of tonight, the President should take a that pits unemployed Americans those injured, and my thoughts and close look at our Plan for America’s against illegal aliens in a competition prayers go out to the families of the Job Creators and know that House Re- for scarce jobs. The DREAM Act gives members that were killed by this publicans have already paved the path amnesty for millions of illegal aliens, senseless act of violence. to job growth for him. thereby legitimizing illegal conduct f So far this year, House Republicans and depriving American citizens of job b 1220 have passed more than a dozen bills opportunities. that do exactly what countless employ- Mr. Speaker, Congress and the White THE SUPERCOMMITTEE AND ITS ers around the country are asking of House must create jobs now for Amer- GOAL OF SOLVING AMERICA’S Washington: Get out of the way so that ican citizens. We must fight for Amer- FISCAL CRISIS our private sector can begin creating ican citizens, not for illegal aliens. (Mrs. DAVIS of California asked and jobs again. f was given permission to address the This fall, we’ll continue to roll back House for 1 minute.) WE NEED TO GET TO WORK job-killing regulations and rebuild Mrs. DAVIS of California. Mr. Speak- long-term confidence for job creators. (Mr. COURTNEY asked and was er, the supercommittee begins its work We all hope the President will join us given permission to address the House this week with the goal of setting a in this effort. for 1 minute.) course for fiscal stability. We abso- f Mr. COURTNEY. Mr. Speaker, this lutely need to reduce the debt and def- August I was home holding town hall icit, but we need to do it in a respon- RELIEF FOR HURRICANE IRENE meetings, meeting with chambers, sen- sible and balanced manner that sup- VICTIMS ior centers. The message was the same: ports and rebuilds the middle class. (Mr. WELCH asked and was given Congress should stop the bickering, get Nobody is more patriotic and nobody permission to address the House for 1 to work, and get some results. knows more about sacrifice than brave

VerDate Mar 15 2010 02:47 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.017 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE H5978 CONGRESSIONAL RECORD — HOUSE September 8, 2011 Americans who serve their Nation in these attacks, our Nation was in Americans safe and helping to create the military. A retired Navy pilot who mourning, but there was also hope as jobs. This is our chance to do both. flew 215 missions during his career we came together to build a stronger Let’s choose to build a stronger Amer- wrote to my office to stress that every country. This anniversary, let us re- ica through making it in America and American should contribute to a solu- awaken that spirit. building it in America with American tion, especially those in his income Ten years ago, we stood on the Cap- workers. bracket. The retired pilot now makes itol steps, Republicans and Democrats f over $250,000 a year in the private sec- alike, in a show of national unity and THE AMERICAN WAY tor and is eager to do whatever he can resolve. The spirit of that moment was to help put the Nation back on track only a tiny symbolic action dwarfed by (Mr. ENGEL asked and was given fiscally. the enormous outpouring of kindness permission to address the House for 1 The debt crisis impacts every Amer- and volunteerism across this Nation, minute and to revise and extend his re- ican, and every American should con- but it is one we clearly need to see marks.) tribute to the solution. We are all in again. Let us once again channel the Mr. ENGEL. Mr. Speaker, the Amer- this together. It is the wrong approach strength we found in the aftermath of ican people sent us here to work to- to put the entire burden on those 9/11 and begin a new chapter in rebuild- gether and are tired of the partisan struggling the most in the economic ing America. bickering and the finger-pointing. I downturn, such as the middle class, the f think it’s very important tonight, as unemployed, or seniors. we listen to the President talk about TOGETHER AS A NATION I urge the committee members to creating jobs, that we work together to THROUGH NATURAL DISASTERS adopt a balanced approach to solving work with him; and I hope my Repub- OR ECONOMIC HARDSHIP our fiscal crisis. lican friends on the other side of the f (Mr. HOLT asked and was given per- aisle don’t summarily reject what the mission to address the House for 1 President is saying just to play poli- CREATING JOBS THROUGH minute and to revise and extend his re- tics. COMMONSENSE SOLUTIONS marks.) We need to create jobs in this coun- (Mr. SCALISE asked and was given Mr. HOLT. Mr. Speaker, as Hurricane try. Many years ago, Franklin Delano permission to address the House for 1 Irene roared through the East, central Roosevelt decided that, in order to get minute.) New Jersey braced for the winds. Our America back to work, he would create Mr. SCALISE. Mr. Speaker, tonight towns and homes were battered by the infrastructure jobs from the govern- the President is going to be addressing winds and experienced even more dam- ment. I think that is something that this Chamber, and the focus is going to age from the water. Our thoughts and we should do, and I hope the President be on jobs. Frankly, I hope that the our efforts are with those people in- mentions it tonight. We have crum- President doesn’t give us an instant re- jured and harmed, and our heartfelt bling roads, crumbling bridges, and all play of the first 2 years of his adminis- sympathy goes to those who lost loved kinds of things that could put America tration, where he tries to push more ones, including the family of Michael back to work. stimulus spending that didn’t work, Kenwood, a rescue worker who died on Let’s not have a repetition of what where he tries to push more bailouts to duty. happened a month or so ago when States that didn’t work. What we need Today, water is now coming back to Standard & Poor’s downgraded the to focus on are commonsense solutions exact further vengeance with even United States in terms of finances. that can bring us all together that will greater floods in some areas in New Let’s work together. Let’s work with actually be proven to create jobs. Jersey. Many are helping, including our President. Let’s support him as he If you look at some of the legislation FEMA—yes, a government agency. tries to create more jobs. we’ve already passed out of the House, Whether it is a natural disaster, a ter- Less finger-pointing, more working just to get our people back to work, ex- rorist attack or economic hardships, together. That is the American way. ploring for American energy could cre- Americans pull together as a Nation. It f ate over 250,000 jobs. There are free is unwise for anyone to suggest that IT’S AS EASY AS ABC trade agreements for Panama, Colom- people are on their own to deal with a bia, and South Korea sitting on the natural disaster or to find work. (Mrs. CHRISTENSEN asked and was President’s desk, trade agreements he f given permission to address the House has refused to act on, that would cre- for 1 minute and to revise and extend LET’S BUILD A STRONGER ate over 350,000 American jobs. her remarks.) There is bill after bill, but there is AMERICA Mrs. CHRISTENSEN. Tonight, our regulation after regulation that is (Mrs. MALONEY asked and was given President will speak to us and all holding back our ability to create jobs permission to address the House for 1 America and will call on Congress to as you talk to small business owners minute.) put America back to work and our across the country. The President even Mrs. MALONEY. Mr. Speaker, our economy back on a stronger track to acknowledged when he rolled back the unemployed are hurting, and America’s recovery. House and Senate Democrats ozone standard that EPA is out of con- infrastructure is crumbling. It would have kept up a steady drumbeat for trol. seem morally indefensible and fiscally jobs since we convened in January. We’ve got to roll back these crazy irresponsible not to take the oppor- As our Democratic leader says, it’s as regulations that are killing jobs as tunity to help solve one problem by ad- easy as ABC—make it in America; well. That’s the solution to this prob- dressing the other. build our infrastructure; and focus on lem that will get our economy back on The latest data from the Bureau of community recovery, which so many track. Labor Statistics shows that 14 million parts of our country desperately need f Americans are looking for jobs while right now after tornadoes, storms, the total number of job openings is just floods and fires, with more storms to THE 10TH ANNIVERSARY OF 9/11 over 3 million. So if every single job is come. (Mrs. CAPPS asked and was given miraculously filled overnight, there I support our President’s call to ac- permission to address the House for 1 would still be 11 million unemployed tion and ask all of my colleagues to do minute and to revise and extend her re- Americans looking for work and need- the same, but I also hope that we in marks.) ing jobs. At the same time, all across Congress can make sure the jobs pack- Mrs. CAPPS. Mr. Speaker, Sunday America, there is work that urgently age we pass is big enough to do the job. marks the 10th anniversary of one of needs to be done. Our bridges, our We are where we are now because we our Nation’s most tragic days. This roads, our schools, and other infra- listened to the deficit hawks and weekend, we remember and honor structure are structurally deficient. agreed to a Recovery Act that was not those we lost and those they left be- The two most important responsibil- big enough to bring us out of the reces- hind. In the days and months following ities this Congress faces are keeping sion.

VerDate Mar 15 2010 02:47 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.019 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE September 8, 2011 CONGRESSIONAL RECORD — HOUSE H5979 Our constituents all over this coun- others, and LLOYD DOGGETT’s constitu- (1) COMMITTEE ON SMALL BUSINESS.—Mr. try are hurting, and I really hope we ents and all in the northeast, that we SCHILLING. can put aside partisanship and put are coming together to place jobs. Mr. The resolution was agreed to. them first. We can get an important Speaker, there is nothing more bipar- A motion to reconsider was laid on two-for because job creation is also def- tisan than putting America back to the table. icit reduction. When we make sure our work. f fellow Americans can take care of their Thank you, Mr. President. PROVIDING FOR CONSIDERATION families, we will also be making sure f OF H.R. 2218, EMPOWERING PAR- America can begin to take care of its JOBS ENTS THROUGH QUALITY CHAR- debt. (Mr. CLAY asked and was given per- TER SCHOOLS ACT, AND PRO- f mission to address the House for 1 VIDING FOR CONSIDERATION OF SOCIAL SECURITY IS NOT A PONZI minute.) H.R. 1892, INTELLIGENCE AU- SCHEME Mr. CLAY. Mr. Speaker, I rise to ask THORIZATION ACT FOR FISCAL (Ms. FUDGE asked and was given our friends in the majority to put their YEAR 2012 permission to address the House for 1 country ahead of their party and join Ms. FOXX. Mr. Speaker, by direction minute and to revise and extend her re- us by enacting the Make It in America of the Committee on Rules, I call up marks.) jobs agenda. House Resolution 392 and ask for its Ms. FUDGE. Mr. Speaker, I spend a Jobs is not a Democratic issue or a immediate consideration. lot of time at home talking to my sen- Republican issue. Putting America The Clerk read the resolution, as fol- ior citizens. On one of my visits home, back to work is what we all should be lows: they gave to me a package of 25,000 sig- fighting for. When working families H. RES. 392 natures, asking if I would pledge to hurt, America hurts, and what elevates Resolved, That at any time after the adop- support Social Security. I want them them lifts up the entire Nation. tion of this resolution the Speaker may, pur- to know that I am going to pledge to We must pass without delay a reau- suant to clause 2(b) of rule XVIII, declare the do that. I also want to say to them thorization of the vital highway and House resolved into the Committee of the that, yes, we need to make some transit bill. We need to enact the Make Whole House on the state of the Union for consideration of the bill (H.R. 2218) to amend changes, but it is not a Ponzi scheme. It in America agenda to strengthen our manufacturing, technological, and in- the charter school program under the Ele- I want for them to understand that mentary and Secondary Education Act of those who get by keep food and shelter dustrial base. We need to build up America’s infra- 1965. The first reading of the bill shall be dis- because of Social Security. It is not a pensed with. All points of order against con- Ponzi scheme. structure by putting people to work, sideration of the bill are waived. General de- Yes, we need to make some changes, rebuilding our roads, bridges, railways, bate shall be confined to the bill and shall but do you know what, Mr. Speaker? ports, schools and airports; and we not exceed one hour equally divided and con- We just need to raise the cap. We don’t need to speed disaster assistance to trolled by the chair and ranking minority need to say that it can’t be fixed, that hard-hit communities without inject- member of the Committee on Education and ing partisan politics into the process. the Workforce. After general debate the bill it’s broken. We need to raise the cap. shall be considered for amendment under the Again, I am going to say it is not a The time for political games is over and the time for jobs is now. five-minute rule. It shall be in order to con- Ponzi scheme. It is something that sider as an original bill for the purpose of hardworking Americans deserve when f amendment under the five-minute rule the they have finally retired after working COMMUNICATION FROM THE amendment in the nature of a substitute rec- for 25 or 30 or 40 years. It is not a Ponzi CLERK OF THE HOUSE ommended by the Committee on Education scheme. and the Workforce now printed in the bill. The SPEAKER pro tempore laid be- The committee amendment in the nature of f fore the House the following commu- a substitute shall be considered as read. All b 1230 nication from the Clerk of the House of points of order against the committee Representatives: amendment in the nature of a substitute are LET’S WORK TOGETHER AS waived. No amendment to the committee OFFICE OF THE CLERK, amendment in the nature of a substitute AMERICANS HOUSE OF REPRESENTATIVES, shall be in order except those printed in part (Ms. JACKSON LEE of Texas asked Washington, DC, September 8, 2011. A of the report of the Committee on Rules Hon. JOHN A. BOEHNER, and was given permission to address accompanying this resolution. Each such The Speaker, U.S. Capitol, House of Representa- the House for 1 minute.) amendment may be offered only in the order Ms. JACKSON LEE of Texas. Before I tives, Washington, DC. printed in the report, may be offered only by DEAR MR. SPEAKER: Pursuant to the per- begin, Mr. Speaker, I cannot help but a Member designated in the report, shall be mission granted in Clause 2(h) of rule II of considered as read, shall be debatable for the acknowledge that we are just days the Rules of the U.S. House of Representa- time specified in the report equally divided away from memorializing those lost on tives, the Clerk received the following mes- and controlled by the proponent and an op- 9/11, and I am reminded of that time sage from the Secretary of the Senate on ponent, shall not be subject to amendment, some 10 years ago and how this body September 8, 2011 at 9:27 a.m.: That the Senate agreed to without amend- and shall not be subject to a demand for divi- drew together. sion of the question in the House or in the I don’t know if our leadership has ments H. Con. Res. 74. With best wishes, I am Committee of the Whole. All points of order thought of it, but I think it would be against such amendments are waived. At the more than appropriate if we went to Sincerely, KAREN L. HAAS. conclusion of consideration of the bill for the steps of the Capitol and sang again amendment the Committee shall rise and re- ‘‘God Bless America.’’ I hope we can do f port the bill to the House with such amend- that because we did that together. ELECTING A CERTAIN MEMBER TO ments as may have been adopted. Any Mem- Tonight, I hope we can be together as A CERTAIN STANDING COM- ber may demand a separate vote in the the President commands the attention MITTEE OF THE HOUSE OF REP- House on any amendment adopted in the Committee of the Whole to the bill or to the of the American people. I hope we can RESENTATIVES committee amendment in the nature of a be together to lift up the concept of Ms. FOXX. Mr. Speaker, by direction substitute. The previous question shall be Make It in America, rebuild America, of the Republican Conference, I send to considered as ordered on the bill and amend- put our small businesses and inventors the desk a privileged resolution and ments thereto to final passage without inter- and geniuses back to work. I hope we ask for its immediate consideration. vening motion except one motion to recom- can come together with the FAA reau- The Clerk read the resolution, as fol- mit with or without instructions. thorization so Houston, Texas, won’t SEC. 2. (a) At any time after the adoption lows: of this resolution the Speaker may, pursuant lose $90 million in airport construction. H. RES. 395 to clause 2(b) of rule XVIII, declare the I hope that we can come together and Resolved, That the following named Mem- House resolved into the Committee of the recognize that when we do a supple- ber be and is hereby elected to the following Whole House on the state of the Union for mental to help our friends with the standing committee of the House of Rep- consideration of the bill (H.R. 1892) to au- wildfires in Texas, my constituents, resentatives: thorize appropriations for fiscal year 2012 for

VerDate Mar 15 2010 04:39 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.020 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE H5980 CONGRESSIONAL RECORD — HOUSE September 8, 2011 intelligence and intelligence-related activi- subsection (a)(1) of section 3101A of title 31, ligence Authorization bill. We have ties of the United States Government, the United States Code—(a) shall be in order also made in order five Democrat Community Management Account, and the only if offered by the Majority Leader or his amendments, two bipartisan amend- Central Intelligence Agency Retirement and designee; and (b) may be offered even fol- ments, and one Republican amendment Disability System, and for other purposes. lowing the sixth day specified in subsection The first reading of the bill shall be dis- (c)(3) of such section but not later than the to the charter school bill. pensed with. All points of order against con- legislative day of September 14, 2011. I am pleased to work with my col- sideration of the bill are waived. General de- leagues on the Rules Committee to re- bate shall be confined to the bill and amend- b 1240 port rules for floor debate and the con- ments specified in this resolution and shall sideration of legislation that promotes The SPEAKER pro tempore. The gen- not exceed one hour equally divided and con- transparency and participation. trolled by the chair and ranking minority tlewoman from North Carolina is rec- Mr. Speaker, I again urge my col- member of the Permanent Select Committee ognized for 1 hour. leagues to vote in favor of this rule, on Intelligence. After general debate the bill Ms. FOXX. Mr. Speaker, for the pur- and I reserve the balance of my time. shall be considered for amendment under the pose of debate only, I yield the cus- Mr. POLIS. I yield myself such time five-minute rule. tomary 30 minutes to the gentleman (b) In lieu of the amendment in the nature as I may consume. of a substitute recommended by the Perma- from Colorado (Mr. POLIS), pending Mr. Speaker, today we will be dis- nent Select Committee on Intelligence now which I yield myself such time as I cussing two good bills. Both bills under printed in the bill, it shall be in order to con- may consume. During consideration of this rule are bipartisan bills. One will sider as an original bill for the purpose of this resolution, all time yielded is for support students across this Nation, amendment under the five-minute rule an the purpose of debate only. give parents better choices, improve amendment in the nature of a substitute GENERAL LEAVE the quality of our charter schools in consisting of the text of the Rules Com- mittee Print dated August 31, 2011. That Ms. FOXX. Mr. Speaker, I ask unani- our country; and so, too, we will im- amendment in the nature of a substitute mous consent that all Members may prove and enhance the intelligence shall be considered as read. All points of have 5 legislative days in which to re- gathering of our Nation that keeps us order against that amendment in the nature vise and extend their remarks. safe under the authorization bill. of a substitute are waived. The SPEAKER pro tempore. Is there The Quality Charter Schools Act will (c) No amendment to the amendment in objection to the request of the gentle- improve our global economic standing the nature of a substitute made in order as by improving student access to quality original text shall be in order except those woman from North Carolina? There was no objection. and effective public charter schools. printed in part B of the report of the Com- I find, Mr. Speaker, sometimes it is mittee on Rules accompanying this resolu- Ms. FOXX. House Resolution 392 pro- tion and amendments en bloc described in vides for a structured rule providing necessary to help educate some of our subsection (f). for consideration of H.R. 2218, the Em- colleagues on the definition of what (d) Each amendment printed in part B of powering Parents Through Quality charter schools are. Charter schools the report of the Committee on Rules shall Charter Schools Act, and H.R. 1892, the are established by school districts or be considered only in the order printed in the other authorizers. They are public report, may be offered only by a Member des- Fiscal Year 2012 Intelligence Author- ization Act. schools and have to accept all students ignated in the report, shall be considered as equally. The concept of these schools is read, shall be debatable for the time speci- My colleagues on the House Edu- that they have site-based management. fied in the report equally divided and con- cation and the Workforce Committee So, again, they are public schools with trolled by the proponent and an opponent, and I have been working to reauthorize site-based management. That, in brief, shall not be subject to amendment, and shall the Elementary and Secondary Edu- is the definition of a charter school. not be subject to a demand for division of the cation Act. H.R. 2218, Empowering Par- question in the House or in the Committee of Now, that is not better or worse than the Whole. ents Through Quality Charter Schools, a district running a school. It can be (e) All points of order against amendments is just one of a series of bills the com- better; it can be worse. And as we look printed in part B of the report of the Com- mittee has considered this year. across the country, we see examples of mittee on Rules or amendments en bloc de- During committee consideration, this scribed in subsection (f) are waived. good charter schools and bad charter legislation received strong bipartisan schools. Just because something is a (f) It shall be in order at any time for the support, including that of the commit- chair of the Permanent Select Committee on charter school certainly doesn’t mean Intelligence or his designee to offer amend- tee’s ranking Democrat member, it is good. ments en bloc consisting of amendments GEORGE MILLER. H.R. 2218 reauthorizes What we’ve tried to do with this bill printed in part B of the report of the Com- the charter school program and mod- is improve the quality of the author- mittee on Rules not earlier disposed of. ernizes it by allowing the replication izing practices of the States and the Amendments en bloc offered pursuant to this or expansion of high quality charter districts as they go into: A, initially subsection shall be considered as read, shall schools in addition to the creation of evaluating charter schools and making be debatable for 10 minutes equally divided new charter schools. and controlled by the chair and ranking mi- sure they serve at-risk students and nority member of the Permanent Select The charter school program is impor- show demonstrated success in closing Committee on Intelligence or their des- tant to ensure that parents and stu- the achievement gap; and, B, making ignees, shall not be subject to amendment, dents have choice in education. With sure that they follow through on what and shall not be subject to a demand for divi- this bill, the House Education and the their charter contains. sion of the question in the House or in the Workforce Committee has begun the A charter is a synonym for a con- Committee of the Whole. The original pro- bipartisan process of reauthorizing tract. Effectively, these schools oper- ponent of an amendment included in such ESEA, and I urge my colleagues in the amendments en bloc may insert a statement ate through contracts with public au- in the Congressional Record immediately be- full House to support this rule in favor thorities, namely authorizers, States, fore the disposition of the amendments en of the bill. State charter institutes, regions, and bloc. The rule also provides for consider- school districts, and they are able to (g) At the conclusion of consideration of ation of H.R. 1892, the Intelligence Au- operate under those contracts and ful- the bill for amendment the Committee shall thorization Act for Fiscal Year 2012. fill their role as public schools. rise and report the bill to the House with Mr. Speaker, the intelligence com- What are charter schools not? And I such amendments as may have been adopted. munity plays a vital role in our na- Any Member may demand a separate vote in sometimes hear from my colleagues, is the House on any amendment adopted in the tional security and defense. The bill this corporate control of our schools? Committee of the Whole to the bill or to the was reported out of committee by a Is this some for-profit thing? No, it is amendment in the nature of a substitute voice vote, and the committee has actually irrelevant to that discussion, made in order as original text. The previous worked with the Senate to develop a the discussion of charter schools. question shall be considered as ordered on bipartisan, bicameral bill. Therefore, I Sometimes for-profit companies are the bill and amendments thereto to final urge my colleagues to support the bill. brought in as vendors to run schools. passage without intervening motion except Under this rule, the Rules Committee Now, this can happen with school dis- one motion to recommit with or without in- structions. has made it in order to consider six tricts just as surely as it can happen SEC. 3. A motion to proceed with regard to Democrat amendments and three Re- with charter schools. Some of the larg- a joint resolution of disapproval specified in publican amendments to the Intel- er instances of this have been school

VerDate Mar 15 2010 02:49 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A08SE7.007 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE September 8, 2011 CONGRESSIONAL RECORD — HOUSE H5981 districts because, of course, charter the young women had children; so they It provides after-school tutoring, full- schools are much more mom and pop. needed either on-site daycare or some day kindergarten. Every student stud- But that is a separate discussion about sort of daycare voucher that we were ies chess and tennis. The student popu- what vendors can and cannot be able to help them supply. lation maps the kind of a traditional brought in to actually run public And just as importantly, we made at-risk population, with 95 percent schools. sure that every member of the staff, Latino, 86 percent English language In the State of Colorado, as an exam- the teachers at the school, every single learners, 93 percent free and reduced ple, we don’t allow any for-profit insti- one of them, is passionate about help- lunch. This means these are poor and tutions to hold a charter. Now, cer- ing new immigrants learn English; and working families. Yet, the Ricardo Flo- tainly we don’t restrict charters to that is what brought them to our res Magon Academy has scored far school districts, and they bring in a va- school and actually improved the fac- above the State average, including our riety of vendors. I think every school ulty morale because they were able to wealthy suburban districts like some of district in the country uses private, practice their passion rather than it the other areas that I represent, in the for-profit textbook vendors as an exam- being an afterthought as it was in some past 3 years. They scored 95 to 100 per- ple. But we would be against managing of the other conventional schools. cent proficient in math, between 77 and out of D.C. what vendors they bring in. I also founded the Academy of Urban 97 percent proficient in reading and In fact, charter schools and school dis- Learning, which is focused on edu- writing, and for third- and fifth-graders tricts have great discretion about what cating homeless students in Denver. they’ve averaged 20 percent higher vendors they use. Right here in Washington, D.C., we than the State averages. Other success- But what this bill does is it effec- have seen the success of several excel- ful charter schools in Colorado, like tively ups the ante on the account- lent charter schools that have out- the Denver School of Science and Tech- ability, the oversight, and also assist- performed other public schools, includ- nology, have also achieved positive ing with the growth of quality charter ing the KIPP schools. outcomes with low-income students. I’m sure we’ll have the opportunity schools. Many charter schools across So we have seen across this country, to talk about many of the amendments the country focus on particular areas as a result of the charter school move- made in order under this bill. We did in of learning or emphasize particular as- ment, great experimentation, some the Rules Committee propose an open pects of curriculum. We have excellent successes and some failures. It’s time, rule for these bills, and it would have art charter schools, college prep char- 10 years on, to learn from our experi- been nice to have a more thorough dis- ter schools, Montessori charter ences with charter schools and replace cussion, which is why I’ll be opposing schools, core knowledge, English lan- the Federal authorizing act with one this rule. But I am glad I did make in guage acquisition, outdoor learning, that can really up the ante, take the order several amendments, including and education charter schools. learning that has occurred over the one of mine. They can function more independ- last decade into account and improve Mr. Speaker, this rule also brings an- ently than a large district because they both the quality of charter schools gen- other very important bill to the floor, do have site-based management that erally and the quantity of good charter the Fiscal Year 2012 Intelligence Au- allows for operational flexibility. They schools across our country. thorization Act. This bill continues the can have different school calendars, b 1250 recent bipartisan tradition of passing different school days, and different cur- authorization bills in order to reform riculums. This freedom allows the This bill would update the existing Federal initiatives. We provide critical and conduct oversight of our intel- charters to function autonomously in ligence community. Every Member of investment in quality alternatives. The areas that can benefit children’s suc- this body believes strongly in keeping bill carves out 15 percent of the funding cess in school. our country safe. When we’re dis- for facilities, capital, and credit en- And again, with experimentation, not cussing the threats to our Nation and hancements, and the remaining 80 per- everything you try is going to work. the war on terror, the front line of that cent would go to start new charter And, of course, for every example of a war is our intelligence-gathering appa- schools. The bill would require States charter school that successfully serves ratus and our intelligence community. to provide 90 percent of their grants to at-risk kids, there are also counter- In this time of budget constraint we charter school authorizers and opera- examples of charter schools that are know we need to spend our money tors. It also incorporates much of the doing as poorly, or more so, than some wisely. I’ve often argued that instead of the failing neighborhood schools language from a bill that Mr. PAULSEN of wasting hundreds of billions of dol- that the children were in before. of Minnesota and I introduced last ses- lars invading countries preemptively, I have direct experience founding and sion and this session, the All-STAR we should use our force selectively, in- running several charter schools in Col- Act, which would add for the first time cluding targeted collection of intel- orado that filled particular education Federal law State-level funding for ex- ligence about where threats arise. niches. I founded and served as super- pansion of successful charter schools. This bill makes a balanced com- intendent of New America School. So, again, when we have examples of promise between budget realities and When I saw that many school districts what works in public education, why our national security need. This au- in my State were dropping funding for not do more of it? Yes, we want to turn thorization did find savings in various older students that were still learning around failing schools. Yes, we need to aspects of the intelligence community. English and there weren’t the types of improve upon what doesn’t work. And It proposes to curb post-personnel programs to keep new immigrants in yes, we need to hold charter schools growth while protecting our capabili- high school through a diploma, I ap- that are not working fully accountable ties. While it invests in select high-pri- proached several school districts about under the law. But when we have an ex- ority needs, it also achieves savings by approving a charter school for this pop- ample of something that works, we handling contractors similar to the ulation, for 16- to 21-year-old English should support serving more kids. As a way the President handles pay for ci- language learners. We were granted simple example, in my State and dis- vilian employees. several charters. New America School trict, the Ricardo Flores Magon Acad- Mr. Speaker, I’m glad that this body now operates in Colorado and New emy in Westminster is a K–8 charter was able to come together with both of Mexico and has served thousands of school that opened just 4 years ago. I’m the committees of jurisdiction, Intel- English language learners, helping glad, by the way, that one of the ligence and Education and Workforce, them achieve a high school diploma amendments made in order under this around strong bipartisan compromise through meeting their real-life needs. rule is an amendment from Mr. PAUL- under these two bills. And while I wish Again, we really worked backwards SEN and I that would specify that we had the opportunity to further dis- from where the customers were. Why schools that have 3 years of dem- cuss additional recommendations for weren’t these students in school in the onstrated success are eligible for ex- amendments on the floor, I am appre- first place? Many of them had real-life pansion grants, because this school has ciative that in fact there will be a ro- obstacles. They had day jobs; so they only been around for 4 years. It has an bust discussion with regard to the needed a night school. Forty percent of extended year, extended day program. charter school bill under this rule.

VerDate Mar 15 2010 02:49 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.025 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE H5982 CONGRESSIONAL RECORD — HOUSE September 8, 2011 I reserve the balance of my time. find it impossible to understand how have been courageous in investigating the Ms. FOXX. Mr. Speaker, I want to the State Department and Embassy of- scandal. Now it’s up to the United States to thank the gentleman from Colorado for ficials can say with certainty that ab- move quickly to determine how much aid his support of the bill and support of solutely no U.S. aid funding was ever was provided to the agency and what it was used for. The U.S. must show the same re- the concept of charter schools. I want used by the DAS for criminal purposes. solve as Colombia has in ferreting out the to congratulate him on his involve- Congress must insist on safeguards to truth. ment and say that I think this is a ensure that no funding, equipment, great example of bipartisan coopera- training, or intelligence-sharing with CONGRESS OF THE UNITED STATES, tion. any Colombian intelligence agency is Washington, DC, September 7, 2011. I reserve the balance of my time. used for illegal surveillance or criminal Hon. HILLARY RODHAM CLINTON, Mr. POLIS. Mr. Speaker, it is my activities now and in the future. Secretary of State, Department of State, Wash- honor to yield 3 minutes to the gen- The SPEAKER pro tempore. The ington, DC. tleman from Massachusetts, a col- time of the gentleman has expired. Hon. LEON E. PANETTA, league of mine on the Rules Com- Mr. POLIS. I yield the gentleman an Secretary of Defense, Department of Defense, mittee, Mr. MCGOVERN. additional 30 seconds. Washington, DC. Mr. MCGOVERN. I thank the gen- Mr. MCGOVERN. The administration ERIC H. HOLDER, Jr., tleman for yielding. or Congress must prohibit any further U.S. Attorney General, Department of Justice, Mr. Speaker, I would like to talk just funding for the DAS, including aid in Washington, DC. for a couple of minutes about a serious the pipeline, until the Attorney Gen- General DAVID H. PETRAEUS, matter that relates to the Intelligence eral has completed all investigations Director, Central Intelligence Agency, Wash- bill that we will later consider. and prosecutions, finds out who or- ington, DC. For the past decade, Colombia’s in- dered these illegal activities, and DEAR SECRETARY CLINTON, SECRETARY PA- telligence agency, the Department of President Santos has completely dis- NETTA, ATTORNEY GENERAL HOLDER AND DI- Administrative Security, or the DAS, mantled the current agency. I ask the RECTOR PETRAEUS, We write to request a comprehensive accounting of U.S. assistance has engaged in illegal activities. Cre- committee chairman and ranking ated to investigate organized crime, in- to the Colombian government’s Department member to guarantee the Members of of Administrative Security (DAS) during the surgents, and drug traffickers, the DAS this House that no further aid will be period of August 7, 2002 to August 7, 2010. instead provided paramilitary death provided to the DAS, and if that prohi- Specifically, we request a full accounting of squads with the names of trade union- bition is not explicitly in this bill, that all funds, training, lethal and non-lethal ists to be murdered and carried out il- they will work with the Senate to in- equipment, intelligence- and information- legal surveillance on journalists, clude it in the final conference report. sharing, technical assistance, facilities con- struction and any other aid provided to the human rights defenders, political oppo- [From the Los Angeles Times, Sept. 2, 2011.] DAS, its officials, its employees or any of its sition leaders, and Supreme Court COLOMBIA’S SPREADING SCANDAL judges. American cash, equipment, and contractors during this period, whether in The U.S. provided nearly $6 billion as part Colombia, the U.S., or at other facilities. We training to help shut down drug traf- of Plan Colombia, an anti-narcotics and further request the information indicate any ficking may have been used for spy op- counterinsurgency program. But did the such aid or information provided to the Na- erations, smear campaigns, and threats money also pay for human rights abuses? tional and International Observations Group against civil society leaders in Colom- The United States has long considered Co- of the DAS. bia. Several U.S. agencies aided the lombia its strongest ally in Latin America. Over the last eight years it has provided the As you know, the Colombian Attorney DAS—the State Department, Pen- Colombian government with nearly $6 billion General’s Office is undertaking an aggressive tagon, DEA, CIA, and DIA—even as as part of Plan Colombia, an ambitious anti- investigation and series of prosecutions of il- scandal after scandal after scandal be- narcotics and counterinsurgency program legal activities carried out by the DAS dur- came publicly known. It was only in that has often been held up as a model of co- ing these years. Six former high-ranking in- April, 2010, when U.S. Ambassador Wil- operation. telligence officials have confessed to crimes But recent reports in the Washington Post and more than a dozen other agency liam Brownfield suspended U.S. aid to operatives are on trial, and several more are the DAS, diverting those resources to suggest that U.S. assistance intended to combat drugs and terrorism was diverted to under investigation by the Attorney General the Colombian National Police. Colombian intelligence officials, who used it or by a special legislative commission of the Yesterday, Congresswoman SCHA- instead to spy on judges, journalists, politi- Colombian Congress. KOWSKY and I sent a letter to the Sec- cians and union leaders. These investigations have revealed a vast retaries of State and Defense, the U.S. The Post also reported that the United illegal network of surveillance of nearly all Attorney General, and the CIA Direc- States was aware of the spying, including il- sectors of civil society, including human tor, asking them to provide Congress licit wiretapping. Whether that is true is un- rights defenders, political party leaders, with a comprehensive report on all clear. State Department officials say no one journalists and members of the Colombian forms of U.S. aid to the DAS and to tell at the U.S. Embassy in Bogota knew about Supreme Court engaged in investigations of the wiretaps. And President Juan Manuel us what the DAS used the aid for. It’s elected officials with alleged ties to para- Santos, who took office last year after the military groups or who engaged in corrupt not too much to ask, Mr. Speaker. spying controversy erupted, has also denied practices. These illegal operations were also There has been a shocking lack of over- that the United States had any role in the connected to threats received by many of the sight over all the U.S. aid that poured growing scandal. individuals under surveillance, and in some into the DAS over the past decade. That will do little to quell questions about cases the DAS shared information with para- Getting to the bottom of this is what U.S. involvement, given Plan Colombia’s military and other violent actors that re- oversight is all about. Colombia ap- troubled past. A United Nations human sulted in the assassinations of trade union- rights investigator concluded last year that ists and other rights defenders. pears to be doing its part. The Attor- a large number of Colombian military units Recent articles in the Washington Post (8/ ney General is carrying out an aggres- were involved in shooting innocent young 21/11) assert that U.S. aid may be implicated sive investigation and series of pros- men and falsely identifying them as rebels in in these abuses of power. We are concerned ecutions. Six former high-ranking in- an effort to boost body counts. The that former President A´ lvaro Uribe has made extrajudicial killings were alleged to have telligence officials have confessed to public statements claiming the reporters been carried out by army units that had been crimes. More than a dozen other who wrote these articles are terrorist sympa- vetted by the U.S. State Department and operatives are on trial, with more still thizers (simpatizantes del terrorismo), going cleared to receive U.S. funding. under investigation. President Santos And last year, then-U.S. Ambassador Wil- so far as to characterize one reporter as a has promised to dismantle the DAS and liam Brownfield announced that all assist- terrorist ally (ocultador del terrorismo), lan- replace it with a new intelligence agen- ance to Colombia’s Department of Adminis- guage that increases the level of threat cy. But in the meantime, the old struc- trative Security was being suspended indefi- under which journalists work in Colombia. tures still remain. Witnesses cooper- nitely following disclosures in the Colom- We strongly urge you to make clear to the bian media that indicated widespread spying former president that such statements are ating with the Attorney General find unacceptable and ask that he retract them. themselves and their families threat- abuses. Since then, Colombian authorities We believe it is important to set the record ened, and human rights defenders even have arrested 28 officials, including former President Alvaro Uribe’s chief of staff, in straight in a clear and transparent manner now are still under surveillance. connection with the scandal. by providing Congress with a comprehensive Mr. Speaker, I’m sure that U.S. in- Colombia’s government has vowed to dis- report on all forms of U.S. assistance to the tentions were good, but I also believe mantle the intelligence agency, and the DAS. We also believe it is important to pro- the DAS was generally up to no good. I Santos administration and attorney general vide Congress with this information in as

VerDate Mar 15 2010 04:39 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.027 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE September 8, 2011 CONGRESSIONAL RECORD — HOUSE H5983 rapid a manner as possible, but assuredly just a little less than 7 hours, to hear shares my view. I’m not going to name prior to when Congress begins debate on the from the President of the United names, Mr. Speaker, but I’m looking at U.S.-Colombia Free Trade Agreement. States on an issue that Democrats and one who does share my view and an- To the maximum extent possible, the in- formation included in this comprehensive re- Republicans alike say needs to be ad- other who might share my view as well port should be provided in an unclassified dressed. We all know, from having been on this issue. So there is a bipartisan format; if necessary, a classified annex in our States over the past 5 weeks, consensus that if we can reduce that should be made available for review by all that job creation and economic growth top rate on job creators, we have the Members of Congress. We further ask that are the top priorities for the American potential to create jobs and also—and I you inquire and coordinate with your coun- people. We all represent constituents know my friends on both sides of the terparts in other departments and agencies who are hurting. I have friends who aisle share this notion—generate an in- that might have been working with the DAS have lost their homes, their businesses, (e.g. Treasury/Internal Revenue Service) to crease in the flow of revenues to the ensure that the report is indeed comprehen- their jobs, and we want to make sure Federal Treasury, thereby dealing with sive. that we get our economy back on this tremendous fiscal problem that we Thank you for your serious attention to track. have. this request. We look forward to your timely It’s my hope that the example that response and the receipt of this comprehen- we’re going to have today as we begin We have our joint select committee sive report regarding all forms of U.S. sup- consideration of the charter schools that is going to be dealing with the port for the DAS over the past decade. bill and then tomorrow as we deal with issue of deficit reduction. And we know Sincerely, the intelligence bill—and obviously the that economic growth would be the sin- JAMES P. MCGOVERN, gle best way to generate the revenues Member of Congress. bill that we’re going to be considering today, because of the President’s that we need to pay down the debt and JANICE D. SCHAKOWSKY, deal with the overall fiscal challenges Member of Congress. speech tonight, will have to carry on we have and have the resources nec- Ms. FOXX. Mr. Speaker, I yield such into next week, so we will obviously have this continued bipartisan spirit essary for the priorities that are out time as he may consume to the distin- there. guished chairman of the Rules Com- on the issue of charter schools next mittee, the gentleman from California week. I believe, Mr. Speaker, that Another issue, building on what was (Mr. DREIER). we’re in a position where we can use said by my friend from Worcester ear- (Mr. DREIER asked and was given these two as a model to address this lier, he mentioned the issue of Colom- permission to revise and extend his re- issue of job creation and economic bia. I happen to believe that if we look marks.) growth. at the pending trade agreements that Mr. DREIER. I thank my friend for Now, there is recognition that there have been, unfortunately, languishing yielding. are a wide range of views on the issue for 4 years, we need to make sure that Mr. Speaker, I would like to begin by of job creation and economic growth, we bring those forward. I am very en- congratulating my friend on his very and we were reminded by the Senate couraged by the fact that the President strong and passionate commitment and minority leader just today of the pro- of the United States has indicated his let him know that I share our desire to verbial Einstein directive that the defi- willingness to do that. I also want to ensure that human rights are recog- nition of insanity is doing the same congratulate Speaker BOEHNER and nized in Colombia and anyplace in the thing over and over and over again and Leader CANTOR for the letter that they world. I worked with him in the past expecting a different outcome. sent to the President saying we want when he was a staff member working I think that many of us—most all Re- to find these areas of agreement, and for Mr. Moakley on this issue in El Sal- publicans and some Democrats—have the trade issue is one of them. come to the conclusion that this no- vador. It is imperative that we resolve I don’t speak for every single Repub- it and ensure that our tax dollars are tion of dramatically increasing spend- lican, but I speak for most all Repub- not being used for any kind of nefar- ing, which is what we went through licans who believe very, very strongly ious purposes. with the stimulus bill and several that the notion of opening up new mar- Mr. Speaker, having said that, I want other issues, is not, in fact, the pan- kets around the world for job creation to rise in strong support of this rule. I acea that we have. And, frankly, I do it because it’s been a long time don’t believe that there is an absolute and economic growth here in the since we’ve had the occurrence that we silver bullet, there is not an absolute United States, creating union and non- did yesterday in the House Rules Com- panacea, but I do believe that we need union jobs is something that would mittee. We just came back, as we all to try to put into place an effort that take place if we were to pass the Korea, know, from this 5-week district work will reduce the regulatory burden im- Colombia, and Panama agreements. period of August, and we had the first posed on those who are seeking to cre- Mr. Speaker, there are many people meeting in the Rules Committee. ate jobs in this country. That’s one of who believe that somehow passing the proposals that we have. And again, b 1300 these agreements will open up a flood I hope that we can work with the of foreign products coming into the In that meeting, we began with the President on that issue. United States, undermining the ability chairman of the Education and Work- There has also been recognition that, to create jobs here in the United force Committee, Mr. KLINE, and the since the Japanese have reduced their States, when, in fact, the opposite will ranking member of that committee, top rate on job creators, we in the be the case because Korea, Colombia, Mr. MILLER; the chairman of the Per- United States of America have the and Panama today have, by and large, manent Select Committee on Intel- highest tax rate on job creators—it’s free access to the U.S. consumer mar- ligence, Mr. ROGERS, and the ranking the corporate tax rate—of any country ket. That’s a good thing. It’s a good member, Mr. RUPPERSBERGER, coming in the world. Now, I realize that obvi- thing because it allows that single before the Rules Committee and offer- ously we know there are corporations mother who is trying to make ends ing bipartisan proposals on both char- that, through the tax structure that we meet, going to Wal-Mart or Kmart or ter schools for the Education Com- have today, don’t pay that 35 percent Target or wherever, to buy products mittee, obviously, and the authoriza- rate, but I think that we need to make that are affordable. That’s a positive tion bill from the Intelligence Com- sure that we close loopholes and reduce thing. That’s a good thing for our econ- mittee. In fact, I quipped at one point that top rate. And I’m not the only one omy. during the Rules Committee that who has spoken in support of that. maybe we should have a 5-week break Former President Bill Clinton has spo- What we need to do is we need to rec- between each Rules Committee meet- ken in support of that idea. President ognize that now we need to open up ing so that we can, in fact, come to- Barack Obama has spoken in support of those markets so that while things gether in a bipartisan way and deal that idea. come in from Korea, and Colombia es- with these critically important issues. And I know that, as I look at my pecially, we need to do what we can to I have to say, Mr. Speaker, it is a friends on the other side of the aisle— get into their markets. There are 40 great day, especially as we prepare, in at this moment I’m looking at one who million consumers in Colombia.

VerDate Mar 15 2010 02:49 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A08SE7.010 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE H5984 CONGRESSIONAL RECORD — HOUSE September 8, 2011 Manufacturing jobs will be created duction to accomplish their mandate; So I hope that we will deal with the here. Caterpillar, John Deere, Whirl- namely, bringing down tax rates by Intelligence bill. I associate myself pool, other great manufacturing com- eliminating loopholes in a way that ef- with the gentleman from Massachu- panies here in the United States would fectively eliminates expenditures in setts. I’m concerned about the human have access to those markets. the Tax Code. For whether something rights violations in Colombia, the mon- And on the Korea deal, Mr. Speaker, is a subsidy or a tax credit, it is very ies that may be going to the DAS, and it will be the single largest bilateral much an expenditure. the killing of trade unionists. It’s all free trade agreement in the history of With that, Mr. Speaker, I yield 21⁄2 right to be a neighbor, but it is hor- the world, allowing us to have the abil- minutes to the gentlewoman from rible to take intelligence funds and be ity to sell our automobiles and other Texas (Ms. JACKSON LEE). part of the killing of trade unionists. products into the Korean market. Ms. JACKSON LEE of Texas. I want Ms. FOXX. I reserve the balance of So this is an area where I believe to join with my colleague, first of all, my time. that, again, recognizing that union and to wish the President well and to work Mr. POLIS. Mr. Speaker, I yield 21⁄2 nonunion jobs will be created here in together in a bipartisan manner to put minutes to the whip, the gentleman the United States, that this can be an Americans back to work, put them to from Maryland (Mr. HOYER). area of bipartisan agreement, and I work now, and keep them working. Mr. HOYER. I thank the gentleman know that the President will clearly I am supportive of the Intelligence from Colorado. I also thank the gentle- talk about the imperative of these in authorization bill for a number of rea- lady from North Carolina as well. Mr. Speaker, while I would prefer us the address he’s going to be giving sons dealing with the issue of investing to be addressing a reauthorization of right behind me early this evening. in new positions to select high priority No Child Left Behind, today’s legisla- What we’re dealing with today, Mr. needs as FBI surveillance, so increas- tion reflects bipartisan support for in- Speaker, is a very positive thing on the ing the personnel. I’m concerned about novation in public schools and improv- issue of charter schools, and I laud my the cuts in personnel. The language is ing educational opportunities for stu- friend from Colorado, who has done very appropriate. In these days, as we dents who still lack access to a high- such a great job in starting charter celebrate 9/11, I’m concerned about what is appropriate. quality education. schools and improving charter schools. I’m also interested in moving forward I know this rule that we are dealing I also want to comment on the state- on diversity. We should ensure that our with deals with both bills. I am for the ment that was made in the Rules Com- intelligence community reflects the di- rule. I think it’s a rule that provides mittee yesterday by the former chair- versity of America, from African for two pieces of legislation that enjoy man and now the ranking member of Americans to Asians, Latinos, Mus- bipartisan support. the Education Committee, Mr. MILLER, lims, people speaking different lan- The Chesapeake Public Charter who said that for many years he was a guages, to be more effective to protect School, a K–8 school located in my dis- strong opponent of charter schools and this country. trict, has developed a year-round now, for many years, he has been a The DNI is going to conduct a review school model which embeds the arts strong proponent of charter schools, to determine the security implications and environmental studies throughout recognizing that we can go through a of moving intelligence systems. I think its curriculum. This school hopes to, learning process here. And I quipped that is important. I think it is impor- one day, expand its successful model that one of our former colleagues said tant, as well, to collect information through its existing charter with our that ours is one business where you can about drug trafficking. And I certainly local school system and would be able never admit to having learned any- think it’s important to again, as I said, to do so with funding from this bill. thing because, obviously, if you admit talk about the question of the work As we consider this bill today, it’s to having learned anything, you’ve force. unfortunate that after 9 months in ses- flip-flopped. I am concerned about the requests sion, however, we are still not bringing The fact is we all are learning and we that I understand may be in the bill on jobs bills to this floor. So today, and should be proud of the fact that we’ve information about Guantanamo Bay throughout the fall, Democrats will learned. I congratulate—I probably will detainees, information that could un- offer Make It in America amendments hurt my friend Mr. MILLER by praising dermine our security. And I am ques- at every opportunity to highlight ways him here, but I will say that the proc- tioning the value of making the Direc- we can create jobs and strengthen our ess that he has gone through on this tor of the National Security Agency, a economy. issue of charter schools is something Senate conferee, to juxtapose that per- Today, Democrats are proposing two that I believe is a very, very good and son in the midst of controversial poli- Make It in America amendments. I positive thing. It’s something that we tics. would say parenthetically that Mr. all need to learn from, that experience But I am glad, and I thank Mr. POLIS GARAMENDI had an excellent amend- that he had on the issue of charter for his leadership on charter schools. ment. It wasn’t made in order. He’s schools, to be willing to listen to our I’m proud to say that I’ve been to the going to ask that we get to it by the colleagues on both sides of the aisle on Victory Charter School in Texas, in previous question. a wide range of issues. Houston, the Harmony Charter School, Congressman LUJA´ N’S amendment, That is why I think that this rule, the KIPP Charter School, the Yes however, focuses on sharing best prac- enjoying bipartisan support—we have Charter School, and a school district, a tices in instruction and professional allowed many more Democratic public system that I am working with, development in the STEM subjects to amendments than Republican amend- and I love public schools, I am a prod- develop a more competitive and highly ment in the rule itself. We’re going to uct of public schools. The North Forest skilled work force. America needs that. have a free-flowing debate on this Independent School District, it’s find- And Congresswoman DAVIS’ amend- issue, and then of course the very im- ing its way to embrace and coalesce ment reminds us that the primary ob- portant intelligence authorization bill. with charter schools. jective of this bill is to use the innova- Then tonight, I hope we can have again What is the call for that? It is the tion of charter schools to improve edu- these areas of agreement so that we education of our children with the cational outcomes so all students can can get our fellow Americans who have most important level of education make it in America. been losing their homes, their busi- ever, excellence. It is for our children The jobs of the future require a high- nesses, and their jobs back on track. to pass tests, but it is for our children quality elementary and secondary edu- to think and to create and to invent. cation, which lead to high-quality post- b 1310 And I think we can work with charter secondary education and training com- Mr. POLIS. I yield myself 30 seconds schools, in particular, who are focusing ponents. We need to make sure that we to respond. on science, technology, engineering, are preparing students for the diversity Mr. Speaker, the gentleman from and math where there are young people of jobs that awaits them, the jobs that California laid down an excellent who are actually doing medical center will bring home good wages, the jobs framework for the potential of the level research, cures by middle that will improve our economy in the Joint Select Committee on Deficit Re- schoolers and high schoolers. long term.

VerDate Mar 15 2010 02:49 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.030 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE September 8, 2011 CONGRESSIONAL RECORD — HOUSE H5985 I believe charter schools can play a the American taxpayers’ money, to Here’s the idea. If we spend a signifi- valuable role in that objective, which build some schools, or to improve some cant amount of money, I think it’s $300 is why I urge my colleagues to support charter schools. All well and good. But million, for the purpose of retrofitting this legislation. why don’t we create some jobs in addi- and maybe building some schools Mr. LEWIS of California. Will the tion to that? Why don’t we put into around the country, let’s give a pref- gentleman yield? this bill an amendment that simply erence to schools that use American- Mr. HOYER. I yield to the gentleman says that the Secretary of Education, made products and American-made from California. in prioritizing the grants, shall give goods over those that do not. I think Mr. LEWIS of California. I appreciate higher priority to those proposals that that’s a very commonsense idea. So if a that. We’ve got a great charter school would use American-made equipment, school is going to put in solar panels to dealing with science and technology in American-made jobs? become more energy efficient and they Apple Valley, California. We can, and I thank my colleague can either buy the solar panels from a The SPEAKER pro tempore. The from California, Mr. LEWIS, for agree- company here in the United States or time of the gentleman from Maryland ing that we ought to be making it one in Asia, let’s favor the school that has expired. America. This amendment was rejected buys the solar panels from the United Mr. POLIS. I yield the gentleman an for reasons unknown to me by the States to create jobs here. This is a additional 30 seconds. Rules Committee, perhaps known to simple and good idea. It should be on Mr. LEWIS of California. It’s a fabu- them. And if Mr. DREIER were here, or the floor so that we could debate it. lous school, and that model is working maybe I should ask Ms. FOXX, why was Now, the dialogue I just heard was with our local people creating opportu- this objected to? Why was it not made it’s the Senate fault or it’s this one’s nities for jobs, et cetera. I like your possible to put this amendment on the fault. With all due respect to all of our idea. I may very well join you in some floor so that we can create American colleagues, Mr. Speaker, the days of of those amendments, but at least join jobs? whose fault it is are over. Long since you in supporting this bill. I would note that we’re 247 days into over. And the time has long since Mr. HOYER. Reclaiming my time, this session, and not one bill has been passed for us to get to work passing when I speak about Make It in Amer- put forward by the Republican major- commonsense legislation that puts the ica, there is not a person on this floor, ity to advance jobs. Here’s a little American people back to work. Mr. the most conservative, the most lib- chance for us to do it. GARAMENDI has proposed just such a eral, and everybody in between, who is commonsense piece of legislation. not for our young people and all of our b 1320 I would urge people to vote ‘‘no’’ on people making it in America. I’m hope- Ms. FOXX. I yield myself such time the previous question so we can con- ful that we can forge a bipartisan coali- as I may consume. sider Mr. GARAMENDI’s amendment. tion to promote legislation which will Mr. Speaker, I would only say to the The SPEAKER pro tempore. The gen- 1 promote making it in America. gentleman from California that Repub- tleman from Colorado has 6 ⁄2 minutes Mr. LEWIS of California. Will the licans have passed many, many bills in remaining. The gentlewoman from 1 gentleman further yield? this session that would help to create North Carolina has 14 ⁄2 minutes re- The SPEAKER pro tempore. The jobs in this country. maining. time of the gentleman from Maryland I did a little research this morning Ms. FOXX. Mr. Speaker, I continue to reserve the balance of my time. has again expired. on what has happened with bills that Mr. POLIS. I would like to yield 2 Ms. FOXX. Mr. Speaker, I yield 30 have gone over to the Senate. A total minutes to the gentlewoman from Illi- seconds to the gentleman from Cali- of 28 bills have passed the House and nois (Ms. SCHAKOWSKY). fornia (Mr. LEWIS). the Senate and been sent to the Presi- Ms. SCHAKOWSKY. I thank the gen- Mr. LEWIS of California. Presuming dent for his signature. Of those, only tleman for yielding. that, I mean, this is really a good idea. six were substantive bills. One of those I rise also to support the effort of my If we can get all the teachers unions in was the 1099, one was the continuing colleague Mr. GARAMENDI to require California to join us in this sponsoring resolution, one was DOD appropria- that materials made in America be of charter schools, then I’d really get tions, a couple of bills were bills that used to construct and renovate the excited about it. came from here, one on lead for toys. charter schools that we’re talking Mr. POLIS. Mr. Speaker, if we defeat I think the gentleman from Cali- about in this legislation. the previous question, I will offer an fornia needs to look to the other body We have a serious issue in this coun- amendment to the rule to make Mr. to see what is happening to the bills try, in case the Republicans haven’t GARAMENDI of California’s amendment that are passing out of the House that noticed, that we need to create as in order. would create hundreds of thousands of many jobs as we can. And anybody who I would like to yield 3 minutes to the jobs for Americans. has made a speech about job creation gentleman from California (Mr. The problem is not in the House. The these days, talking about making it in GARAMENDI). problem is in the Senate, that as one America is a definite applause line. I Mr. GARAMENDI. Mr. Speaker, yes- headline said and one Senator said, the would just like to recommend that. terday I proposed to the Rules Com- Senate is moribund, and I believe Making it in America is something mittee an amendment about making it that’s where the problem lies. It is not that really has resonated with people in America, one more way we can build with Republicans in the House. all around this country. jobs here in this country by using our With that, I reserve the balance of Why would we take taxpayer dollars, own tax money. my time. when we could spend it on products In the charter schools legislation Mr. POLIS. I yield 2 minutes to the that are made right here, including the there is some $300 million a year au- gentleman from New Jersey (Mr. AN- building materials that we need to up- thorized for the construction of charter DREWS). grade, to create more schools in our schools, the enhancement, the im- (Mr. ANDREWS asked and was given country, and buy products that are provement of those schools. Now, permission to revise and extend his re- made overseas and support jobs that where will the material come from? marks.) are outside of our country? Where will the heating and air condi- Mr. ANDREWS. Mr. Speaker, the ur- The issue in this bill of creating more tioning systems be manufactured? gent priority of this country, and it schools is so important. In the United Where will the lumber, the concrete, should be of this Congress, is to get States, schools on average are 40 years the other materials, the high-tech Americans back to work. There is not old and actually in need of an esti- equipment come from? Will it be Amer- a corner of this country that’s not been mated $500 billion in repairs and up- ican-made, or will it be made over in severely afflicted by the unemploy- grades. China and imported into the United ment crisis in this country. I’m actually introducing a piece of States? Mr. GARAMENDI proposes that we legislation next week that would pro- It seems to me we’re about to use take a simple idea and put it into this vide $100 billion dollars to repair, ren- $300 million of our tax money, that is bill, and I think he’s absolutely right. ovate, modernize America’s schools

VerDate Mar 15 2010 03:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.033 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE H5986 CONGRESSIONAL RECORD — HOUSE September 8, 2011 and would create 400,000 construction I agree with my colleague, Mr. traneous material immediately prior and 250,000 maintenance jobs alone. HOYER, who said that this is a start. to the vote on the previous question. But in addition, what we should be While many of us would rather see a The SPEAKER pro tempore. Is there doing is rejecting this previous ques- full reauthorization of ESEA, this is a objection to the request of the gen- tion that’s up before us so that we can very promising start to what will hope- tleman from Colorado? make a good bill even better. This is a fully be a very productive session with There was no objection. bipartisan effort. We’ve heard from the regard to education, one of the most Mr. POLIS. Mr. Speaker, I urge my other side of the aisle that these are important goals of this Congress as colleagues to vote ‘‘no’’ and defeat the good ideas. Let’s make it better. Vote well as absolutely necessary to im- previous question so we can help Amer- ‘‘no’’ and let’s add the Garamendi prove the economy in the long run. ican workers and allow this House to amendment. Unfortunately, one of the amend- deliberate on an amendment that de- Ms. FOXX. Mr. Speaker, I have no ments disallowed by the Republican serves debate in this body. further requests for time, and I reserve majority under this rule is one that I I urge a ‘‘no’’ vote on the rule as the balance of my time to close. proposed to help facilitate charter well, having left off several amend- Mr. POLIS. I yield myself the bal- schools in obtaining Federal competi- ments that would otherwise improve ance of my time. tive grant funding by adding priority these bipartisan bills. I yield back the balance of my time. Mr. Speaker, the Intelligence Au- for States that allow charter schools to The material previously referred to thorization Act is not perfect. There be LEAs, or Local Education Agencies. by Mr. POLIS is as follows: are some provisions that have already Effectively, my amendment would have AN AMENDMENT TO H. RES. 392 OFFERED BY received a veto threat from the Presi- reduced paperwork and overhead. If the MR. POLIS OF COLORADO dent that need to be amended. Thank- school districts and charter schools fully, the chairman and the ranking At the end of the resolution, add the fol- agree, the charter schools themselves lowing new sections: member have worked together to sub- could effectively function as their own SEC. 4. Notwithstanding any other provi- mit a manager’s amendment that fiscal agent for Federal purposes and to sion of this resolution of this resolution, the would do just that. compete for Federal grants. amendment printed in section 5 shall be in It is vital that this manager’s amend- What happens now, and it works in order as though printed after the amendment ment pass because of two provisions in most cases 9 out of 10 times—unfortu- numbered 8 in Part A of the report of the particular. nately it’s the cases where it doesn’t Committee on Rules if offered by Represent- ative Garamendi of California or his des- The first would make the Director of work out that cause the difficulty—is the National Security Agency a Sen- ignee. That amendment shall be debatable charter schools have to go through for 10 minutes equally divided and controlled ate-confirmed position. This would un- their LEA, their authorizing institute, by the proponent and an opponent. necessarily politicize one of our most or their school district in order to SEC. 5. The amendment referred to in sec- critical intelligence needs. Tradition- apply for Federal grants. tion 4 is as follows: ally, this position has already been in- What does this mean? It means AMENDMENT TO H.R., AS REPORTED OFFERED directly subject to confirmation there’s another set of bureaucrat’s eyes BY MR. GARAMENDI OF CALIFORNIA through the Senate’s confirmation of that have to see every proposal, an- Page 21, after line 24, insert the following: military officers who have been pro- other person that has to sign off. ‘‘(3) PRIORITY.—In awarding grants under moted into the position. We can’t af- Sometimes this can lead to unneces- subsection (a), the Secretary shall give pri- ority to eligible entities that demonstrate a ford to damage the management of the sary delays. At worst, it can lead to intelligence community in this man- plan to require charter schools receiving as- missing deadlines if funding applica- sistance under subsection (a) to use mate- ner. tions are submitted to districts and not rials that are made in America for the con- The second provision would modify turned around in enough time to meet struction and renovation of facilities.’’. the reporting requirements regarding Federal deadlines for grant funding. (The information contained herein was Guantanamo detainees. This would re- So it would be nice to continue to provided by the Republican Minority on mul- quire the Director of National Intel- work on this with the committee, and tiple occasions throughout the 110th and 111th Congresses.) ligence to provide State Department I think that many of us would like to THE VOTE ON THE PREVIOUS QUESTION: WHAT cables to the Intelligence Committees. see charter schools recognized as LEAs IT REALLY MEANS While effective oversight is an essen- for purposes of Federal funding. tial role of Congress, we also must not This vote, the vote on whether to order the interfere with the ability of the State b 1330 previous question on a special rule, is not merely a procedural vote. A vote against or- Department to conduct effective diplo- I am proud to say that, in my home dering the previous question is a vote matic negotiations. Therefore, I call on State of Colorado, we were able to get against the Republican majority agenda and my colleagues to support the man- this fixed in the last legislative ses- a vote to allow the opposition, at least for ager’s amendment as well as the sion, and now charter schools are rec- the moment, to offer an alternative plan. It amended version of the underlying bill. ognized as LEAs. In fact, about half of is a vote about what the House should be de- I also want to thank, with regard to the States allow charter schools to be bating. the Charter School bill, Chairman LEAs for Federal purposes. Mr. Clarence Cannon’s Precedents of the House of Representatives (VI, 308–311), de- LINE ILLER A key goal of the bill is to ensure K and Ranking Member M for scribes the vote on the previous question on their excellent work both on the bill as charter schools have equitable funding the rule as ‘‘a motion to direct or control the well as their manager’s amendment as well. Mr. Speaker, if we defeat the consideration of the subject before the House that would improve the bill in a wide previous question, I will offer an being made by the Member in charge.’’ To variety of ways, including prioritizing amendment to the rule to make in defeat the previous question is to give the States that authorize charters to be order an amendment by Mr. opposition a chance to decide the subject be- their own School Food Authority so GARAMENDI of California, one which fore the House. Cannon cites the Speaker’s that they can serve healthy meals to would give priority to eligible entities ruling of January 13, 1920, to the effect that working with charter schools that plan ‘‘the refusal of the House to sustain the de- their students, including transpor- mand for the previous question passes the tation considerations to help ensure to use materials made in America for control of the resolution to the opposition’’ that kids have access, and that choice the construction or renovation of in order to offer an amendment. On March is made more meaningful by ensuring school facilities. Once again, it would 15, 1909, a member of the majority party of- that families who don’t have the abil- make that amendment in order and fered a rule resolution. The House defeated ity to carpool or transport their kids allow for a discussion and vote by the the previous question and a member of the to school also have choices within the House on that amendment. Repub- opposition rose to a parliamentary inquiry, public education system. licans blocked this germane amend- asking who was entitled to recognition. This truly bipartisan bill and man- ment last night in the Rules Com- Speaker Joseph G. Cannon (R–Illinois) said: ‘‘The previous question having been refused, ager’s amendment really exemplifies mittee by a party-line vote. the gentleman from New York, Mr. Fitz- what the House can do to support good Mr. Speaker, I ask unanimous con- gerald, who had asked the gentleman to public education and improve student sent to insert the text of the amend- yield to him for an amendment, is entitled to outcome. ment into the RECORD, along with ex- the first recognition.’’

VerDate Mar 15 2010 03:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.036 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE September 8, 2011 CONGRESSIONAL RECORD — HOUSE H5987 Because the vote today may look bad for Davis (KY) Johnson (IL) Reed McDermott Price (NC) Shuler the Republican majority they will say ‘‘the Denham Johnson (OH) Rehberg McGovern Quigley Sires vote on the previous question is simply a Dent Johnson, Sam Reichert McIntyre Rahall Slaughter McNerney Rangel vote on whether to proceed to an immediate DesJarlais Jones Renacci Smith (WA) Diaz-Balart Jordan Ribble Meeks Richardson vote on adopting the resolution ... [and] has Speier Dold Kelly Rigell Michaud Richmond Sutton no substantive legislative or policy implica- Dreier King (IA) Rivera Miller (NC) Ross (AR) Thompson (CA) tions whatsoever.’’ But that is not what they Duffy King (NY) Roby Miller, George Rothman (NJ) Thompson (MS) have always said. Listen to the Republican Duncan (SC) Kingston Roe (TN) Moore Roybal-Allard Tierney Moran Ruppersberger Leadership Manual on the Legislative Proc- Duncan (TN) Kinzinger (IL) Rogers (AL) Tonko Ellmers Kline Murphy (CT) Rush ess in the United States House of Represent- Rogers (KY) Towns Emerson Labrador Nadler Ryan (OH) atives, (6th edition, page 135). Here’s how the Rogers (MI) Tsongas Farenthold Lamborn Napolitano Sa´ nchez, Linda Rohrabacher Vela´ zquez Republicans describe the previous question Fincher Lance Olver T. Rokita Visclosky vote in their own manual: ‘‘Although it is Fitzpatrick Landry Owens Sanchez, Loretta Rooney Walz (MN) generally not possible to amend the rule be- Flake Lankford Ros-Lehtinen Pallone Sarbanes Pascrell Schakowsky Wasserman cause the majority Member controlling the Fleischmann Latham Ross (FL) Pastor (AZ) Schiff Schultz time will not yield for the purpose of offering Fleming LaTourette Royce Payne Schrader Waters an amendment, the same result may be Flores Latta Runyan Pelosi Schwartz Watt achieved by voting down the previous ques- Forbes Lewis (CA) Ryan (WI) Fortenberry LoBiondo Perlmutter Scott (VA) Waxman Scalise tion on the rule ... When the motion for the Foxx Long Peters Scott, David Welch Schilling previous question is defeated, control of the Franks (AZ) Lucas Peterson Serrano Wilson (FL) Schmidt time passes to the Member who led the oppo- Frelinghuysen Luetkemeyer Pingree (ME) Sewell Woolsey Schock Gallegly Lummis Polis Sherman Yarmuth sition to ordering the previous question. Schweikert Gardner Mack That Member, because he then controls the Scott (SC) Garrett Manzullo NOT VOTING—29 time, may offer an amendment to the rule, Scott, Austin Gerlach Marchant Bachmann Green, Gene Marino or yield for the purpose of amendment.’’ Sensenbrenner Gibbs McCarthy (CA) Bachus Hinojosa Miller, Gary Sessions In Deschler’s Procedure in the U.S. House Gibson McCaul Barletta Hirono Neal Shimkus of Representatives, the subchapter titled Gingrey (GA) McClintock Bass (NH) Holden Paul Shuster ‘‘Amending Special Rules’’ states: ‘‘a refusal Gohmert McCotter Bishop (UT) Honda Reyes Simpson to order the previous question on such a rule Goodlatte McHenry Bonner Hoyer Roskam Smith (NE) Gosar McKeon Burgess Johnson (GA) Stark [a special rule reported from the Committee Smith (NJ) Gowdy McKinley Clay Lewis (GA) Van Hollen on Rules] opens the resolution to amend- Smith (TX) Granger McMorris Culberson Lungren, Daniel Young (AK) ment and further debate.’’ (Chapter 21, sec- Southerland Graves (GA) Rodgers Giffords E. Young (FL) tion 21.2) Section 21.3 continues: ‘‘Upon re- Graves (MO) Meehan Stearns jection of the motion for the previous ques- Griffin (AR) Mica Stivers tion on a resolution reported from the Com- Griffith (VA) Miller (FL) Stutzman b 1358 mittee on Rules, control shifts to the Mem- Grimm Miller (MI) Sullivan Mr. WALZ of Minnesota, Ms. ESHOO, ber leading the opposition to the previous Guinta Mulvaney Terry Guthrie Murphy (PA) Thompson (PA) Mr. DICKS, Ms. LORETTA SANCHEZ question, who may offer a proper amendment Thornberry of California, Ms. HOCHUL, and Ms. or motion and who controls the time for de- Hall Myrick Hanna Neugebauer Tiberi SEWELL changed their vote from bate thereon.’’ Tipton Harper Noem ‘‘yea’’ to ‘‘nay.’’ Clearly, the vote on the previous question Harris Nugent Turner on a rule does have substantive policy impli- Hartzler Nunes Upton Mr. WOODALL changed his vote from cations. It is one of the only available tools Hastings (WA) Nunnelee Walberg ‘‘nay to ‘‘yea.’’ for those who oppose the Republican major- Hayworth Olson Walden So the previous question was ordered. Walsh (IL) ity’s agenda and allows those with alter- Heck Palazzo Webster The result of the vote was announced native views the opportunity to offer an al- Hensarling Paulsen Herger Pearce West as above recorded. ternative plan. Herrera Beutler Pence Westmoreland Stated against: Ms. FOXX. Mr. Speaker, I urge my Himes Petri Whitfield Huelskamp Pitts Wilson (SC) Mr. HINOJOSA. Mr. Speaker, on rollcall No. colleagues to vote for the rule. Huizenga (MI) Platts Wittman 693, had I been present, I would have voted I yield back the balance of my time, Hultgren Poe (TX) Wolf ‘‘nay.’’ and I move the previous question on Hunter Pompeo Womack The SPEAKER pro tempore. The the resolution. Hurt Posey Woodall Issa Price (GA) Yoder question is on the resolution. The SPEAKER pro tempore. The Jenkins Quayle Young (IN) The question was taken; and the question is on ordering the previous Speaker pro tempore announced that question. NAYS—176 the ayes appeared to have it. The question was taken; and the Ackerman Conyers Hastings (FL) RECORDED VOTE Altmire Cooper Heinrich Speaker pro tempore announced that Mr. POLIS. Mr. Speaker, I demand a the ayes appeared to have it. Andrews Costello Higgins Baca Courtney Hinchey recorded vote. Mr. POLIS. Mr. Speaker, on that I Baldwin Critz Hochul A recorded vote was ordered. demand the yeas and nays. Barrow Crowley Holt The SPEAKER pro tempore. This is a The yeas and nays were ordered. Bass (CA) Cuellar Inslee Becerra Cummings Israel 5-minute vote. The SPEAKER pro tempore. Pursu- Berkley Davis (CA) Jackson (IL) The vote was taken by electronic de- ant to clause 9 of rule XX, the Chair Berman Davis (IL) Jackson Lee vice, and there were—ayes 237, noes 163, Bishop (GA) DeFazio (TX) will reduce to 5 minutes the minimum not voting 31, as follows: time for any electronic vote on the Bishop (NY) DeGette Johnson, E. B. Blumenauer DeLauro Kaptur [Roll No. 694] question of adoption. Boren Deutch Keating AYES—237 The vote was taken by electronic de- Boswell Dicks Kildee vice, and there were—yeas 226, nays Brady (PA) Dingell Kind Adams Buchanan Cooper Braley (IA) Doggett Kissell Aderholt Bucshon Costa 176, not voting 29, as follows: Brown (FL) Donnelly (IN) Kucinich Akin Buerkle Cravaack [Roll No. 693] Butterfield Doyle Langevin Alexander Burgess Crawford Capps Edwards Larsen (WA) Amash Burton (IN) Crenshaw YEAS—226 Capuano Ellison Larson (CT) Bachus Calvert Cuellar Adams Blackburn Cantor Cardoza Engel Lee (CA) Bartlett Camp Davis (CA) Aderholt Bono Mack Capito Carnahan Eshoo Levin Barton (TX) Campbell Davis (KY) Akin Boustany Carter Carney Farr Lipinski Benishek Canseco Dent Alexander Brady (TX) Cassidy Carson (IN) Fattah Loebsack Berg Cantor DesJarlais Amash Brooks Chabot Castor (FL) Filner Lofgren, Zoe Biggert Capito Diaz-Balart Austria Broun (GA) Chaffetz Chandler Frank (MA) Lowey Bilbray Carney Dold Bartlett Buchanan Coble Chu Fudge Luja´ n Bilirakis Carter Donnelly (IN) Barton (TX) Bucshon Coffman (CO) Cicilline Garamendi Lynch Black Cassidy Dreier Benishek Buerkle Cole Clarke (MI) Gonzalez Maloney Blackburn Chabot Duffy Berg Burton (IN) Conaway Clarke (NY) Green, Al Markey Bono Mack Chaffetz Duncan (SC) Biggert Calvert Costa Cleaver Grijalva Matheson Boustany Coble Duncan (TN) Bilbray Camp Cravaack Clyburn Gutierrez Matsui Brady (TX) Coffman (CO) Ellmers Bilirakis Campbell Crawford Cohen Hahn McCarthy (NY) Brooks Cole Emerson Black Canseco Crenshaw Connolly (VA) Hanabusa McCollum Broun (GA) Conaway Eshoo

VerDate Mar 15 2010 03:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A08SE7.011 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE H5988 CONGRESSIONAL RECORD — HOUSE September 8, 2011 Farenthold Kline Richardson Pallone Ryan (OH) Thompson (MS) House on the state of the Union for the ´ Fincher Labrador Rigell Pascrell Sanchez, Linda Tierney consideration of the bill (H.R. 2218) to Fitzpatrick Lamborn Rivera Pastor (AZ) T. Tonko Flake Lance Roby Payne Sanchez, Loretta Towns amend the charter school program Fleischmann Landry Roe (TN) Pelosi Sarbanes Tsongas under the Elementary and Secondary Fleming Lankford Rogers (AL) Perlmutter Schakowsky Vela´ zquez Education Act of 1965, with Mr. Flores Latham Peters Schiff Rogers (KY) Visclosky WOMACK in the chair. Forbes LaTourette Rogers (MI) Peterson Schrader Walz (MN) Pingree (ME) Schwartz The Clerk read the title of the bill. Fortenberry Latta Rohrabacher Wasserman Foxx Lewis (CA) Polis Scott (VA) Rokita Schultz The CHAIR. Pursuant to the rule, the Franks (AZ) LoBiondo Price (NC) Scott, David Rooney Waters bill is considered read the first time. Quigley Serrano Frelinghuysen Long Ros-Lehtinen Gallegly Lucas Rahall Sewell Watt The gentleman from Minnesota (Mr. Ross (AR) Gardner Luetkemeyer Rangel Sherman Waxman KLINE) and the gentleman from Cali- Ross (FL) Garrett Lummis Richmond Sires Welch Royce fornia (Mr. GEORGE MILLER) each will Gerlach Mack Rothman (NJ) Slaughter Wilson (FL) Gibbs Manzullo Runyan Roybal-Allard Smith (WA) Woolsey control 30 minutes. Gibson Marchant Ryan (WI) Ruppersberger Sutton Yarmuth The Chair recognizes the gentleman Gingrey (GA) Matheson Scalise Rush Thompson (CA) from Minnesota. Schilling Gohmert McCarthy (CA) NOT VOTING—31 Mr. KLINE. Mr. Chairman, I rise Goodlatte McCaul Schmidt Gosar McCotter Schock Austria Hirono Neal today in support of H.R. 2218, and I Gowdy McHenry Schweikert Bachmann Holden Paul yield myself such time as I may con- Granger McKeon Scott (SC) Barletta Honda Reyes sume. Graves (GA) McKinley Scott, Austin Bass (NH) Hoyer Roskam The Empowering Parents through Graves (MO) McMorris Sensenbrenner Bishop (UT) Lewis (GA) Smith (NJ) Griffith (VA) Rodgers Sessions Bonner Lungren, Daniel Stark Quality Charter Schools Act is a key Grimm Meehan Shimkus Culberson E. Sullivan component of our efforts to reform the Guinta Mica Shuler Denham Lynch Van Hollen Nation’s education system and ensure Giffords Marino Guthrie Michaud Shuster Young (AK) Hall Miller (FL) Green, Gene McClintock more students have access to a quality Simpson Young (FL) Hanna Miller (MI) Smith (NE) Griffin (AR) Miller, Gary learning experience. I join my col- Harper Miller, George Smith (TX) b 1404 leagues on both sides of the aisle who Harris Mulvaney Southerland Hartzler Murphy (CT) have been strong proponents of charter Speier So the resolution was agreed to. schools for the breadth of opportunities Hastings (WA) Murphy (PA) Stearns The result of the vote was announced Hayworth Myrick they offer students and parents. Stivers as above recorded. Heck Neugebauer Stutzman These innovative institutions em- Hensarling Noem A motion to reconsider was laid on Terry Herger Nugent power parents to play a more active Thompson (PA) the table. Herrera Beutler Nunes role in their child’s education and offer Thornberry Stated for: Hinojosa Nunnelee Tiberi students the priceless opportunity to Huelskamp Olson Mr. DENHAM. Mr. Speaker, on rollcall No. Tipton escape underperforming schools. They Huizenga (MI) Palazzo 694 I was inadvertently detained. Had I been Hultgren Paulsen Turner present, I would have voted ‘‘aye’’. also open doors for educators to experi- Hunter Pearce Upton ment with the fresh teaching methods Walberg Stated against: Hurt Pence Mr. GENE GREEN of Texas. Mr. Speaker, uniquely geared to meeting the needs Issa Petri Walden Jenkins Pitts Walsh (IL) on rollcall Nos. 693 and 694, had I been of their individual students. Johnson (IL) Platts Webster present, I would have voted ‘‘no.’’ The stories of charter school success Johnson (OH) Poe (TX) West are impressive. Students who pre- Westmoreland f Johnson, Sam Pompeo viously had little hope have been in- Jones Posey Whitfield PERSONAL EXPLANATION Jordan Price (GA) Wilson (SC) spired by excellent teachers to reach Kelly Quayle Wittman Mr. BASS of New Hampshire. Mr. Speaker, new heights. The tales of King (IA) Reed Wolf on rollcall votes 693 and 694, my votes were groundbreaking programs and initia- King (NY) Rehberg Womack not recorded. Had I been recorded, I would Kingston Reichert Woodall tives at local charter schools have mo- Kinzinger (IL) Renacci Yoder have voted in the affirmative on both ordering tivated surrounding public schools to Kissell Ribble Young (IN) the previous question and adoption of the rule improve. Parents have witnessed chil- providing for consideration of H.R. 2218, to dren of all backgrounds transition from NOES—163 amend the charter school program under the struggling to excelling as a result of Ackerman Courtney Jackson (IL) Elementary and Secondary Education Act; and their charter school education. Altmire Critz Jackson Lee for consideration of H.R. 1892, to authorize Andrews Crowley (TX) Unfortunately, there are not enough Baca Cummings Johnson (GA) appropriations for FY 2012 for intelligence ac- charter schools to meet demand and Baldwin Davis (IL) Johnson, E. B. tivities of the U.S. Government, the Commu- hundreds of thousands of students re- Barrow DeFazio Kaptur nity Management Account, and the CIA Retire- main on wait lists each year. Bass (CA) DeGette Keating ment System. Becerra DeLauro Kildee b 1410 Berkley Deutch Kind f Berman Dicks Kucinich The legislation we consider today EMPOWERING PARENTS THROUGH Bishop (GA) Dingell Langevin takes important steps to encourage Bishop (NY) Doggett Larsen (WA) QUALITY CHARTER SCHOOLS ACT Blumenauer Doyle Larson (CT) and support the establishment of more Boren Edwards Lee (CA) Mr. KLINE. Mr. Speaker, I ask unan- high-quality charter schools in commu- Boswell Ellison Levin imous consent that all Members may nities across the United States. Brady (PA) Engel Lipinski have 5 legislative days in which to re- The bipartisan Empowering Parents Braley (IA) Farr Loebsack vise and extend their remarks and in- Brown (FL) Fattah Lofgren, Zoe through Quality Charter Schools Act Butterfield Filner Lowey clude extraneous material on H.R. 2218. will consolidate funding under the Fed- Capps Frank (MA) Luja´ n The SPEAKER pro tempore. Is there eral Charter School Program into the Capuano Fudge Maloney objection to the request of the gen- Cardoza Garamendi Markey existing State grant program. This will tleman from Minnesota? allow State educational agencies, Carnahan Gonzalez Matsui There was no objection. Carson (IN) Green, Al McCarthy (NY) The SPEAKER pro tempore. Pursu- State charter school boards, and gov- Castor (FL) Grijalva McCollum ernors the freedom to award subgrants Chandler Gutierrez McDermott ant to House Resolution 392 and rule Chu Hahn McGovern XVIII, the Chair declares the House in to support new charter schools as well Cicilline Hanabusa McIntyre the Committee of the Whole House on as replicate or expand high-quality Clarke (MI) Hastings (FL) McNerney the state of the Union for the consider- charter schools. Clarke (NY) Heinrich Meeks To ensure States are facilitating the Clay Higgins Miller (NC) ation of the bill, H.R. 2218. Cleaver Himes Moore growth and expansion of charter Clyburn Hinchey Moran b 1405 schools, this act will give funding pri- Cohen Hochul Nadler IN THE COMMITTEE OF THE WHOLE ority to those that lift arbitrary caps Connolly (VA) Holt Napolitano Conyers Inslee Olver Accordingly, the House resolved on the number of charter schools per- Costello Israel Owens itself into the Committee of the Whole mitted in the State. The legislation

VerDate Mar 15 2010 03:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A08SE7.014 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE September 8, 2011 CONGRESSIONAL RECORD — HOUSE H5989 also will provide priority to States at that time and to give options to par- Elementary and Secondary Education that take additional steps to encourage ents who felt helpless. These schools Act, but just one part. charter school growth, such as allow- have often become the myth busters of This country is in the midst of the ing more than one State or local agen- what is possible for a demographic of most dynamic education reform atmos- cy to authorize charter schools, or pro- children that have all too often been phere that I have seen in my tenure in moting charters as a solution to im- written off. Currently, they serve Congress. The reauthorization of the prove struggling public schools. about 4 percent of all public school stu- Elementary and Secondary Education As we work to increase the presence dents. In urban areas, that number is Act presents an opportunity to take of charter schools in the United States, much higher. Charter schools are not a hold of that momentum and bring our we must also protect limited taxpayer silver bullet and will not solve all of education system into the future. funds and make sure every dollar is the education challenges, but they The bill before us today is good, but well spent. It has been said that char- have become an important part of the we need to do much more. It will be a ter schools are the epitome of perform- education system. We need to update tremendous disservice for our children ance-based education: In exchange for the law to reflect that reality. and our country if we do not provide increased flexibility and autonomy, The Empowering Parents through relief for schools that are struggling these schools are held accountable for Quality Charter Schools Act encour- under an outdated law. This relief results. The Empowering Parents ages effective reforms that will help should come in the form of a full, com- through Quality Charter Schools Act transform schools and communities. prehensive reauthorization of ESEA. will ensure charter schools continue to First, this bill makes significant im- To do that, we must take on all of the be held accountable by supporting an provements to the existing Charter real issues facing all our schools, not evaluation of schools’ impact on stu- School Program and addresses issues just charters. We need to address ac- dents, families, and communities, that we have heard from education ad- countability, data, assessments, and while also encouraging shared best vocates across the country. It right- college- and career ready standards and practices between charter and tradi- fully returns charter schools to their modernizing the teaching profession. tional public schools. original purpose—public schools that We all have to hold true to the reason Charter schools are a valuable part of identify and share innovative practices that the Federal Government has a our efforts to improve the education that lead to improvements in academic role in education in the first place: to available to our children. This legisla- achievement for all public schools. It ensure equal opportunity for every stu- tion does not represent the whole solu- requires that charters be brought back dent in this country to access a great tion. All of us recognize that additional into the traditional public school sys- education. measures must be enacted to support tem as opposed to running in a parallel We know what it will take to fix our excellence and innovation in the Amer- system. And it requires charters to ac- schools. It isn’t a mystery. But accom- ican education system. However, this tually serve all student populations plishing that goal isn’t easy. It takes act takes an important step in the and therefore provides more parents real political will to overcome ideology right direction. with real choices. and to stay focused on what’s best for I am very pleased that members of Second, this bill prioritizes account- kids. the Education and Workforce Com- ability. It puts student achievement I hope my colleagues will join me in mittee have put their differences aside first, and it greatly increases the ac- supporting this legislation, and I hope and worked through a very bipartisan countability of charter school author- that we can get to a much more com- process to develop an exceptional piece izers and oversight by State education prehensive reauthorization of ESEA in of legislation. I would like to thank authorities. the near future. Members and their staffs for these ef- Third, this bill addresses a recurring I reserve the balance of my time. forts. I urge my colleagues on both problem in charter schools, which is Mr. KLINE. Mr. Chairman, at this sides of the aisle to join with us in sup- the lack of service to students with dis- time, I am very pleased to yield 5 min- porting this positive legislation. abilities and English language learners. utes to the gentleman from California I reserve the balance of my time. In this bill, we dramatically improve (Mr. HUNTER), the chair of the K–12 Mr. GEORGE MILLER of California. access for underserved populations. We Subcommittee. Mr. Chairman, I yield myself 5 min- require better recruitment and enroll- Mr. HUNTER. I also want to extend utes. ment practices for underserved popu- my appreciation to Chairman KLINE for I rise today in support of the Empow- lations. his leadership and tireless work toward ering Parents through Quality Charter Lastly, this bill rightly focuses on improving the quality of education for Schools Act, and I want to thank the our students and what they need to America’s children, as well as Ranking chairman of the committee, Mr. KLINE, succeed. In many States, high-per- Member KILDEE, my colleague on the and the subcommittee chair, Mr. HUN- forming charter schools are a great op- subcommittee and full committee, TER, for all of their cooperation and tion for some students. These schools Ranking Member MILLER, as well as support in working with the minority are closing achievement gaps and shat- JARED POLIS from Colorado, who is not on this side of the aisle on this legisla- tering the low expectations that have even on this full committee but was tion. Both sides of the aisle have stood in the way of student success. very supportive of this legislation. strong proponents of this legislation Charter schools have been on the Mr. Chairman, the Empowering Par- and of the charter school movement in forefront of bold ideas and innovation ents through Quality Charter Schools this country. in education. They have shown that, Act is a bill that will have a direct im- This legislation, because of that co- given the right tools, all students can pact on our Nation’s children. Expand- operation, is the first bipartisan piece achieve at high levels. We are learning ing access to high-performing charter of reauthorization of the Elementary from great charter schools about what schools has the potential to make a and Secondary Education Act. It works for students and what students world of difference for students across passed the Education Committee with need to be able to compete in the glob- the Nation simply by adding a much bipartisan support, and I’m hopeful al economy. Replicating this success needed layer of choice and competition that it will receive similar support will help our students, our commu- that is good for the entire school sys- from the full Congress. nities, and our economy. tem, not just charters. This country is facing a severe edu- With this legislation, we can help en- Unlike traditional public schools, the cation crisis. Our schools are simply sure that the positive reforms hap- charter school model is not limited by not meeting the educational needs of pening at some charter schools will a one-size-fits-all approach. Instead, our students, and it is a threat to our happen at all charter schools, and we these institutions enjoy increased free- global competitiveness and to our eco- can help ensure that best practices are dom from State and local rules and nomic security. shared throughout that school district. regulations in exchange for greater ac- Charter schools began 20 years ago as But this legislation is only one piece of countability. a laboratory for innovation to help the education reform puzzle. Unfortu- Also, the flexibility afforded to char- tackle the stagnant education system nately, we are not taking up the whole ter schools allows teachers and school

VerDate Mar 15 2010 03:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.044 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE H5990 CONGRESSIONAL RECORD — HOUSE September 8, 2011 administrators to adjust schedules and through Quality Charter Schools Act. I applaud Tom Torkelsen, JoAnn Gama, co- course work to better serve a wide This bill strengthens our Nation’s founders of the IDEA Public Schools, as well range of students in their individual charter schools by making much need- as the teachers, parents, staff, and community communities, including disadvantaged ed improvements to current law, and I members for their outstanding track record students. For example, a Louisiana commend Chairman JOHN KLINE and and unwavering commitment to fulfill IDEA’s charter school established in the wake Ranking Member GEORGE MILLER of mission of ‘College For All Children.’ of Hurricane Katrina enrolled many the Education and Workforce Com- Out nation’s public charter schools must students who had fallen significantly mittee for their leadership on this strive to be high-performing and inclusive; behind other students their age after issue. have the highest standards of excellence, ac- the disaster forced them to miss a full As ranking member of the Sub- countability, and transparency; and foster year of school. Despite these difficult committee on Higher Education, I strong, healthy partnerships with traditional circumstances, dedicated teachers tai- want to help K–12 schools to give us public schools that yield successful outcomes lored ground-breaking coursework to college-ready high school graduates for all students. meet the needs of these students. Stu- and to send them to colleges or 4-year Mr. KLINE. I yield 4 minutes to the dent achievement levels soared, and universities. That’s why I support H.R. gentleman from Tennessee, a member this charter school is now the third 2218. of the committee and the chairman of most successful high school in New Or- In regard to accessibility, this bill the Health Subcommittee, Dr. ROE. leans. helps to ensure that English language Mr. ROE of Tennessee. Mr. Chairman, Improved academic achievement in learners and students with disabilities I rise in strong support of the Empow- even the most troubled school districts have an opportunity to attend and ering Parents through Quality Charter is one reason why charter schools are excel in high quality charter schools. Schools Act. It’s heartening to see strong, bipartisan support for a bill in such high demand, with more than Under this proposal, charter school au- that will do a lot of good for America’s 400,000 students across the Nation on thorizers must ensure that charter schools comply with the Civil Rights children. wait lists. Even so, many States have A high quality education should be Act, as well as Individuals With Dis- imposed arbitrary caps on the total the birthright of every American child. abilities Act and the Rehabilitation number of charter schools permitted as As a society, we must ensure that they Act, and monitor the schools in re- well as the total number of students al- have the tools needed to chase their cruiting, enrolling, and meeting the lowed to attend these schools. These dreams and to succeed in an increas- needs of students with disabilities and provisions unnecessarily stifle parental ingly competitive global marketplace. choice and keep students trapped in English language learners. A child growing up in Cocke County, I am pleased that the manager’s low-performing schools. Tennessee, today will some day com- amendment to H.R. 2218 requires au- Charter schools also have difficulty pete for jobs with young people in thorizers to ensure that charter securing adequate funding. Current law China, India, and around the world. It’s awards funding for the establishment schools solicit and consider input from our duty to prepare our children and of new charter schools but does not parents and community members on this great country for this reality. support funds for replication, updates, the implementation and operation of Sadly, we’re falling short in this re- or improvements. As a result, charter charter schools. sponsibility. While many of our tradi- schools with a proven record of high This bill prioritizes high quality tional public schools are outstanding, student achievement may be unable to charter schools. By adding a new defi- others leave students falling through secure funding to replicate their edu- nition for high quality charter schools the cracks. That’s why an increasing cational model in a new community. and providing priority consideration number of parents are turning to char- The Empowering Parents through for States with high quality charter ter schools to educate their children. Quality Charter Schools Act will help schools, this bill encourages States to But the supply has been unable to keep put an end to these barriers to charter set higher expectations for our Na- up with the demand. An estimated school growth by streamlining and tion’s charter schools. 420,000 students are on the waiting list modernizing the Federal Charter This legislation improves charter au- to be admitted to charter schools. It’s Schools Program. thorizing. H.R. 2218 ensures that au- heartbreaking to know that the trajec- thorizers within the State monitor the b 1420 tory of these children’s lives will be, in performance of charter schools and re- no small part, determined by a lottery. The law will facilitate the ability of quire charter schools to conduct and We can and must do better. States to access funding for the expan- publicly report financial audits. H.R. 2218 will help more students sion and replication of the best charter The CHAIR. The time of the gen- gain access to a quality education by schools through the simplification of tleman has expired. facilitating the development of high the Federal grant program. Addition- Mr. GEORGE MILLER of California. performing charter schools. It reau- ally, the legislation incentivizes char- I yield the gentleman an additional 30 thorizes the charter school program, ter school development by offering pri- seconds. which provides start-up grants to help ority grant funding to States that re- Mr. HINOJOSA. In my congressional charter schools open the doors, buy move arbitrary caps on charter school district, the IDEA public high schools, classroom materials, and teach new growth. a network of high quality public char- students. The bill also encourages Charter schools provide an oppor- ter schools, have done a terrific job of States to support the development and tunity for students who might other- preparing minorities, English language expansion of charter schools, while en- wise spend their formative years stuck learners, and students with disabilities suring an emphasis on quality and in- in subpar classrooms. We cannot allow for college and careers. Currently, novation. arbitrary measures or partisan dif- IDEA public schools operate 20 schools The best educational system is one in ferences to stand in the way of pro- in 10 communities in the Rio Grande which parents, teachers, and local viding all children access to a high Valley. school boards collaborate to set the quality education. I strongly encourage This year, all the IDEA public agenda, not Washington, DC. This bill my colleagues on both sides of the aisle schools were rated exemplary, the puts more power in the hands of those to unite in support of a better future highest district rating issued by the who know our children best and their for the Nation’s students and vote Texas Education Agency; and our IDEA needs best. ‘‘yes’’ on the Empowering Parents college preparatory school in Donna, Charter schools are not a silver bul- Through Quality Charter Schools Act. Texas, has been recognized as one of let, but they offer a way out for stu- Mr. GEORGE MILLER of California. the very best high schools in the Na- dents who otherwise would be trapped I yield 2 minutes to the gentleman tion. In fact, 100 percent of IDEA public in a failing school. Every charter from Texas (Mr. HINOJOSA). school graduates are enrolled in a com- school that is supported through this Mr. HINOJOSA. Mr. Chairman, I rise munity college or university. program is one more choice a parent today to express my strong support for I urge my colleagues on both sides of will have to ensure their children’s fu- H.R. 2218, the Empowering Parents the aisle to support H.R. 2218. ture success.

VerDate Mar 15 2010 03:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.045 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE September 8, 2011 CONGRESSIONAL RECORD — HOUSE H5991 I thank my colleagues for their bi- tleman from Michigan, the chair of the Mr. ANDREWS. I thank my friend for partisan support, and I urge my col- Workforce Protection Subcommittee, yielding. leagues to vote ‘‘yes.’’ Mr. WALBERG. In the earliest days of our Republic, Mr. GEORGE MILLER of California. our prosperity came from our abundant b 1430 I yield 3 minutes to the gentlewoman natural resources. Then in later days, from California (Ms. WOOLSEY), a mem- Mr. WALBERG. I thank the chair and our prosperity came from the fact that ber of the committee. committee leadership for bringing this we were bordered by two vast oceans to Ms. WOOLSEY. Mr. Chairman, I rise bill forward, H.R. 2218, for which I urge our east and west which gave us an iso- to speak on H.R. 2218, the Empowering my colleagues’ support. lated domestic market. Parents through Quality Charter In the Northwest Ordinance, the In the days after the Second World Schools Act. same language in that ordinance, as War, our prosperity was grounded in During my first visit to a charter well as what was then put into many of the fact that we were the sole remain- school years ago, when charter schools our State constitutions, says this: ‘‘Re- ing industrial power untouched by the were first on the horizon, I was so im- ligion, morality, and knowledge being Second World War, relatively speaking. pressed. I was impressed with the small necessary to good governments and the All of those advantages relatively class sizes. I was impressed with the happiness of mankind, schools and the speaking are gone; and the way we’re level of parental involvement and the means of education, shall forever be going to be prosperous today and in the individualized learning programs. In encouraged.’’ future is by having the best educated, fact, when I left the school, I was actu- I believe this bill, H.R. 2218, does just best motivated workforce anywhere in ally teary; I mean, I was overcome be- that. It’s a simple bill. It promotes a the world. We’re not going to have that cause I wanted every single child in the charter school program that accom- best educated and best motivated United States of America to have this plishes three goals. Those being, one, workforce without a high-quality edu- same rich educational experience. to provide parents greater options for cation for every child in America. All charter schools aren’t quite that their children’s education; two, con- I see this bill as a step in that direc- successful and all public schools aren’t solidating education programs and re- tion by enriching and making more ac- failing, but charter schools were cre- ducing the authorization level; and, countable the charter school move- ated to develop best practices and inno- three, supporting the development of ment in our country. vative learning methods, and, if they high-quality charter schools. That’s Make no mistake about it: all char- were successful, those methods could what we’re about in education. That’s ter schools are not perfect. Many char- be brought back and used in all public what we ought to be concerned with. ter schools, frankly, are very troubled. schools. While some charter schools This bill accomplishes our goal of But the charter school movement has have found new ways to promote aca- modernizing and streamlining the pro- been a positive step forward for our demic achievement, other public gram by consolidating the current pro- country. This bill adds accountability schools have yet to benefit from this grams to one program and one author- to that movement and adds new re- investment. ization line. The result in savings still sources that I think are welcome. This bill will return charter schools affords the taxpayer, the parent, and I would echo the words of Ranking to their original mission by helping im- the educator with even more oppor- Member MILLER and note that 90 per- prove the public school system and en- tunity for growth of proven charter cent of children in America’s schools suring that charters no longer operate school models and new innovative are in public schools. And the principal in isolation without strict account- charter schools. legislative action we have on those ability. The bill ensures that charter schools public schools is the Elementary and For many years, I’ve been concerned and charter school authorizers reach Secondary Education Act. I know that that charter schools, using taxpayer out to parents to serve students who the chairman of the committee has dollars, would function at the expense can benefit from these schools. The worked very diligently to prepare the of public schools instead of comple- legislation supports quality initiatives committee for the work we could do on menting them. For instance, without in the authorizing world without put- that. And I’m hopeful that we can have reform, the most talented and moti- ting any new mandates on the schools. the same kind of cooperative effort for vated students could simply go to the The legislation has broad support, in- the ESEA reauthorization as we have charter schools, while public schools cluding a community that includes the for this charter school bill. would be left with the most chal- U.S. Chamber of Commerce, Business There is much more to do, but today lenging situations, especially students Roundtable, National Alliance of Pub- is a good first step. I urge a ‘‘yes’’ vote. with disabilities, English language lic Charter Schools, Texas Charter Mr. KLINE. I yield 3 minutes to the learners, and students who come from School Association, Chiefs for Change, gentleman from Indiana, Dr. BUCSHON. broken homes and are having a hard the National Association of State Di- Mr. BUCSHON. Thank you, Chairman time just keeping up in general. And rectors of Special Education, just to KLINE. that was totally contrary to the intent name a few. Mr. Chairman, first let me thank of the charter schools movement; it Charter schools were created in Representative HUNTER, Chairman would weaken, rather than strengthen, Michigan, my State, 15 years ago. And KLINE, Ranking Member MILLER, and our public school system. since that time nothing but proven others for their hard work and leader- So to address this problem, this bill educational success has taken place, ship on this legislation. stood up and, in a very bipartisan way, with children in tough school districts I rise today as a cosponsor of H.R. our committee put together a bill that before now receiving education that is 2218, the Empowering Parents through we have here on the House floor that promoting success for them and their Quality Charter Schools Act. Where requires charter schools to adopt prac- future prosperity in an education op- American education was once a world tices that promote inclusion, that portunity that expands in the real- leader, over the past few decades we allow for increased enrollment of stu- world experience. are losing our advantage. The Empow- dents with disabilities and limited For that reason and many others, I ering Parents through Quality Charter English skills, and provides an infor- urge the support of H.R. 2218 as a pro- Schools Act will facilitate the develop- mation sharing system regarding sys- posal that does exactly what our ment and replication of high-per- tems programs. Northwest Ordinance says. It encour- forming charter schools that will help There are many other necessary re- ages schools and the means of edu- America regain its stature as a leader forms included in H.R. 2218, and they’ll cation for quality, students, and future in educating its citizens. all ensure charter schools fill their people that will work in our system. Charter schools are created through original purpose. With these reforms, Mr. GEORGE MILLER of California. a contract with local education pro- charter schools will play the construc- I yield 2 minutes to the gentleman viders that allow flexibility and inno- tive role in our education system that from New Jersey (Mr. ANDREWS). vation in educating our children while they were designed to play. (Mr. ANDREWS asked and was given maintaining the same requirements Mr. KLINE. Mr. Chairman, I am permission to revise and extend his re- and accountability of traditional pub- pleased to yield 3 minutes to the gen- marks.) lic schools. Charter schools are able to

VerDate Mar 15 2010 03:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.047 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE H5992 CONGRESSIONAL RECORD — HOUSE September 8, 2011 bring innovation and special program- Now, charter schools aren’t the silver I strongly support this bill. ming into the curriculum that is bullet or the solution, but they are a Mr. KLINE. Mr. Chairman, may I in- uniquely tailored to the needs of their tool in the arsenal of school districts in quire as to the time remaining on both specific student population. This not the States to address the learning sides? only allows choice for parents whose needs of all students. The CHAIR. The gentleman from children may be better suited for this Nationally, there’s over 5,000 charter Minnesota has remaining 16 minutes. kind of flexibility, but also can inspire schools representing just over 5 percent The gentleman from California has re- progress in traditional schools by rais- of all public schools in the country. maining 15 minutes. ing the bar and creating greater trans- Many of those charter schools couldn’t Mr. KLINE. It is my understanding parency. have gotten off the ground without the that the gentleman from California has By increasing funding opportunities Federal start-up grant that this bill re- several more speakers. for the replication of successful charter authorizes. Importantly, again because Mr. GEORGE MILLER of California. schools and facilities assistance, H.R. we have examples that this works, this They’re here in spirit. They’re not here 2218 encourages States to invest in bill, for the first times, allows States in person, unfortunately. charter schools. to use the money to expand and rep- Mr. KLINE. I am prepared to reserve Further, H.R. 2218 supports the eval- licate learning models that work. and let you call on speakers. uation of the impact of charter schools I point to one in Colorado, the Ri- Mr. GEORGE MILLER of California. on their students, faculty, parents, and cardo Flores Magon Academy. Ninety- I thank the gentleman. I have one or communities to ensure that high-qual- three percent free and reduced lunch, two other speakers. We’ve put out a ity education is available for every 86 percent English language learners, call to them, but they’ve not re- child and parents can choose the cor- and yet they scored far above the State sponded. I’ll see if we can maybe fit rect venue for their child’s education. average in the past 3 years, 95 to 100 them in on the manager’s amendment In my district in Evansville, Indiana, percent proficient in math and about 20 if they want to speak because I’ll be Signature School was ranked the top percent higher than the State average very brief on the manager’s amend- high school in the Midwest and the score—the State average score that in- ment on this side. number three charter school in the cludes wealthy suburban districts as So let me just close by again thank- country by The Washington Post. well. ing everyone on the committee for These rankings were based on data their support. I certainly want to b 1440 that indicate how well a school pre- thank the staff on both sides of the pares its students for college based on Yes, these students can learn, and aisle but particularly the staff on this Advanced Placement tests or Inter- schools like Ricardo Flores Magon side of the aisle, and the members of national Baccalaureate completions. Academy will now under this new au- our committee, for helping me with Signature School is an example of a thorization have access to expansion this legislation. I want to recognize high-performing charter school that and replication money. Jamie Fasteau, Ruth Friedman, Kara this legislation aims to replicate. So, when models work—whether Marchione, Laura Schifter, Daniel Replicating schools like Signature that’s a model like KIPP nationally, Brown, Megan O’Reilly, and Adam School that have a proven history for which has successfully served some of Schaefer for all of their contributions effectively preparing our children for our most at-risk communities, or to this successful bipartisan effort. college is not only in the best interest whether it’s grassroots efforts across Finally, I would just like to say, as of students and parents but also in the our country—they will be able to ac- many speakers have said, all charter best interest of the economy. By in- cess resources to serve more students schools aren’t perfect; this isn’t a sil- creasing the number of students that and grow or to open up additional ver bullet. What we hope to be able to are college ready, we build a more edu- branches of the same school. National, do is to really continue to grow the en- cated generation, more prepared to State, and local research consistently trepreneurial spirit of young people take on the complex jobs in health shows that, yes, not all charter schools across the board looking at our edu- care, engineering, science and tech- work. Some underperform other public cation system, thinking how it can be nology and others that future indus- schools. Some perform at the same done better, what are the best prac- tries will demand. level, and some do better. tices, what are the indicators of suc- With an unemployment rate near 9 What we do with this bill is we pro- cessful schools, of successful learning percent, educating our students is crit- vide for best practices nationally. environments, of successful teaching ical. By increasing our students’ access We’ve learned a lot in the last 10 years environments for teachers, for stu- to high-quality charter schools, H.R. with regard to charter schools. We now dents, and focusing on the academic 2218 will prepare our children for the have some best practices in this bill, achievement and the benefits to the high-tech jobs of the future. This is es- like removing caps on the number of students. And then to be able to share sential if we are to maintain our com- charter schools in districts. Through those models across the charter school petitiveness in a global economy. the manager’s amendment, we ensure spectrum, across the traditional public Mr. GEORGE MILLER of California. that charter schools can participate in school spectrum so that all of us can I yield 2 minutes to the gentleman food services as well as in transpor- learn and benefit from that, and most from Colorado (Mr. POLIS), the intellec- tation services in districts. I want to importantly so we can create those en- tual architect of all of this. point out the importance of the trans- vironments where America’s children Mr. POLIS. I thank the gentleman portation because, to make choice will have the opportunity to have ac- from California and the gentleman meaningful, to add the emphasis to cess to a first-class education that will from Minnesota. choice, you have to have transpor- serve them the rest of their lives. There is a lot of good in public edu- tation options to get the most at-risk I believe that that effort is facili- cation today. When we look across our kids to school; otherwise choice is sim- tated by the charter school movement. country, just as we see examples of ply an empty promise. I believe that this legislation is a sub- what doesn’t work—drop-out factory By focusing Federal investments, as stantial improvement on the original schools where kids are falling further H.R. 2218 does, it ensures that we maxi- authorization for charter schools to and further behind each year, schools mize the impact of our limited Federal participate in this area, and I look for- that are unsafe learning environments resources on improving student ward to the passage of this legislation. for their kids—just as we have that, we achievement and reducing the learning With that, I’ve danced as long as I also have examples of what works, gap across the country. To succeed as a can. I yield back the balance of my what works with our most at-risk pop- Nation, we need to do a better job with time. ulations in this country showing that our human capital in preparing the Mr. KLINE. I yield myself the bal- every student in this country can learn next generation of Americans for the ance of my time. and can achieve, given the right oppor- next generation of jobs, and this bill Mr. Chairman, I want to add my tunity and the right school environ- will be an important tool in that arse- thanks to those of Ranking Member ment. nal. MILLER’s to the staffs on both sides, to

VerDate Mar 15 2010 03:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.050 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE September 8, 2011 CONGRESSIONAL RECORD — HOUSE H5993 the members of the committee on both ‘‘(6) support efforts to strengthen the charter ‘‘(c) PROGRAM PERIODS; PEER REVIEW; DIVER- sides, and to our colleagues not on the school authorizing process to improve perform- SITY OF PROJECTS.— ‘‘(1) PROGRAM PERIODS.— committee, like Mr. POLIS, for their ance management, including transparency, monitoring, and evaluation of such schools.’’. ‘‘(A) GRANTS.—A grant awarded by the Sec- input and help on this legislation. retary to a State entity under this section shall All of us were elected to Congress SEC. 4. PROGRAM AUTHORIZED. Section 5202 (20 U.S.C. 7221a) is amended to be for a period of not more than 5 years. ‘‘(B) SUBGRANTS.—A subgrant awarded by a with the promise to enact laws that read as follows: will make this country a better place State entity under this section shall be for a pe- ‘‘SEC. 5202. PROGRAM AUTHORIZED. riod of not more than 5 years, of which an eligi- for our children and our grandchildren. ‘‘(a) IN GENERAL.—This subpart authorizes This starts with ensuring that every ble applicant may use not more than 18 months the Secretary to carry out a charter school pro- for planning and program design. child has access to a quality education. gram that supports charter schools that serve el- ‘‘(2) PEER REVIEW.—The Secretary, and each For many students and their parents, ementary school and secondary school students State entity receiving a grant under this section, charter schools are a beacon of hope by— shall use a peer review process to review appli- and, in some cases, the only beacon of ‘‘(1) supporting the startup, replication, and cations for assistance under this section. expansion of charter schools; ‘‘(3) DIVERSITY OF PROJECTS.—Each State en- hope. They symbolize opportunity, ‘‘(2) assisting charter schools in accessing choice, and educational excellence, and tity receiving a grant under this section shall credit to acquire and renovate facilities for award subgrants under this section in a manner it is past time to ensure more families school use; and that, to the extent possible, ensures that such and communities across the United ‘‘(3) carrying out national activities to sup- subgrants— States have access to these port— ‘‘(A) are distributed throughout different groundbreaking institutions. ‘‘(A) charter school development; areas, including urban, suburban, and rural By approving the Empowering Par- ‘‘(B) the dissemination of best practices of areas; and charter schools for all schools; and ents through Quality Charter Schools ‘‘(B) will assist charter schools representing a ‘‘(C) the evaluation of the impact of the pro- variety of educational approaches. Act today, we can help put more stu- gram on schools participating in the program. ‘‘(d) LIMITATIONS.— dents on the path to a successful fu- ‘‘(b) FUNDING ALLOTMENT.—From the amount ‘‘(1) GRANTS.—A State entity may not receive ture. I urge my colleagues to put dif- made available under section 5211 for a fiscal more than 1 grant under this section for a 5- ferences aside and to join together in year, the Secretary shall— year period. supporting this legislation for the sake ‘‘(1) reserve 15 percent to support charter ‘‘(2) SUBGRANTS.—An eligible applicant may of those students trapped in underper- school facilities assistance under section 5204; not receive more than 1 subgrant under this sec- ‘‘(2) reserve not more than 5 percent to carry tion per charter school for a 5-year period. forming schools across America. out national activities under section 5205; and ‘‘(e) APPLICATIONS.—A State entity desiring to I yield back the balance of my time. ‘‘(3) use the remaining amount after the Sec- receive a grant under this section shall submit The CHAIR. All time for general de- retary reserves funds under paragraphs (1) and an application to the Secretary at such time and bate has expired. (2) to carry out section 5203. in such manner as the Secretary may require. Pursuant to the rule, the amendment ‘‘(c) PRIOR GRANTS AND SUBGRANTS.—The re- The application shall include the following: in the nature of a substitute printed in cipient of a grant or subgrant under this sub- ‘‘(1) DESCRIPTION OF PROGRAM.—A description the bill shall be considered as an origi- part, as such subpart was in effect on the day of the entity’s objectives in running a quality before the date of enactment of the Empowering charter school program under this section and nal bill for the purpose of amendment Parents through Quality Charter Schools Act, how the objectives of the program will be carried under the 5-minute rule and shall be shall continue to receive funds in accordance out, including a description— considered read. with the terms and conditions of such grant or ‘‘(A) of how the entity— The text of the committee amend- subgrant.’’. ‘‘(i) will support both new charter school ment in the nature of a substitute is as SEC. 5. GRANTS TO SUPPORT HIGH-QUALITY startup and the expansion and replication of CHARTER SCHOOLS. high-quality charter school models; follows: ‘‘(ii) will inform eligible charter schools, devel- H.R. 2218 Section 5203 (20 U.S.C. 7221b) is amended to read as follows: opers, and authorized public chartering agen- Be it enacted by the Senate and House of Rep- cies of the availability of funds under the pro- ‘‘SEC. 5203. GRANTS TO SUPPORT HIGH-QUALITY resentatives of the United States of America in CHARTER SCHOOLS. gram; ‘‘(iii) will work with eligible applicants to en- Congress assembled, ‘‘(a) IN GENERAL.—From the amount reserved sure that the applicants access all Federal funds SECTION 1. SHORT TITLE. under section 5202(b)(3), the Secretary shall that they are eligible to receive, and help the This Act may be cited as the ‘‘Empowering award grants to State entities having applica- charter schools supported by the applicants and Parents through Quality Charter Schools Act’’. tions approved pursuant to subsection (f) to en- the students attending the charter schools— SEC. 2. REFERENCES. able such entities to— ‘‘(I) participate in the Federal programs in ‘‘(1) award subgrants to eligible applicants Except as otherwise specifically provided, which the schools and students are eligible to for— whenever in this Act a section or other provision participate; and is amended or repealed, such amendment or re- ‘‘(A) opening new charter schools; ‘‘(II) receive the commensurate share of Fed- ‘‘(B) opening replicable, high-quality charter peal shall be considered to be made to that sec- eral funds the schools and students are eligible school models; or tion or other provision of the Elementary and to receive under such programs; Secondary Education Act of 1965 (20 U.S.C. 6301 ‘‘(C) expanding high-quality charter schools; ‘‘(iv) in the case in which the entity is not a et seq.). and State educational agency— ‘‘(2) provide technical assistance to eligible SEC. 3. PURPOSE. ‘‘(I) will work with the State educational applicants and authorized public chartering Section 5201 (20 U.S.C. 7221) is amended to agency and the charter schools in the State to agencies in carrying out the activities described read as follows: maximize charter school participation in Federal in paragraph (1) and work with authorized pub- ‘‘SEC. 5201. PURPOSE. and State programs for charter schools; and lic chartering agencies in the State to improve ‘‘(II) will work with the State educational ‘‘It is the purpose of this subpart to— authorizing quality. agency to adequately operate the entity’s pro- ‘‘(1) provide financial assistance for the plan- ‘‘(b) STATE USES OF FUNDS.— gram under this section, where applicable; ning, program design, and initial implementa- ‘‘(1) IN GENERAL.—A State entity receiving a ‘‘(v) will ensure eligible applicants that re- tion of charter schools; grant under this section shall— ceive a subgrant under the entity’s program are ‘‘(2) expand the number of high-quality char- ‘‘(A) use 90 percent of the grant funds to prepared to continue to operate the charter ter schools available to students across the Na- award subgrants to eligible applicants, in ac- schools receiving the subgrant funds once the tion; cordance with the quality charter school pro- funds have expired; ‘‘(3) evaluate the impact of such schools on gram described in the entity’s application ap- ‘‘(vi) will support charter schools in local edu- student achievement, families, and communities, proved pursuant to subsection (f), for the pur- cational agencies with large numbers of schools and share best practices between charter schools poses described in subparagraphs (A) through that must comply with the requirements of sec- and other public schools; (C) of subsection (a)(1); and tion 1116(b); ‘‘(4) encourage States to provide support to ‘‘(B) reserve 10 percent of such funds to carry ‘‘(vii) will work with charter schools to pro- charter schools for facilities financing in an out the activities described in subsection (a)(2), mote inclusion of all students and support all amount more nearly commensurate to the of which not more than 30 percent may be used students once they are enrolled to promote re- amount the States have typically provided for for administrative costs which may include tech- tention; traditional public schools; nical assistance. ‘‘(viii) will work with charter schools on re- ‘‘(5) improve student services to increase op- ‘‘(2) CONTRACTS AND GRANTS.—A State entity cruitment practices, including efforts to engage portunities for students with disabilities, may use a grant received under this section to groups that may otherwise have limited oppor- English language learners, and other tradition- carry out the activities described in subpara- tunities to participate in charter schools; ally underserved students to attend charter graphs (A) and (B) of paragraph (1) directly or ‘‘(ix) will share best and promising practices schools and meet challenging State academic through grants, contracts, or cooperative agree- between charter schools and other public achievement standards; and ments. schools;

VerDate Mar 15 2010 03:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 6333 E:\CR\FM\K08SE7.052 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE H5994 CONGRESSIONAL RECORD — HOUSE September 8, 2011

‘‘(x) will ensure the charter schools they sup- ‘‘(3) REQUESTS FOR WAIVERS.—A request and schools, traditionally underserved students, in- port can meet the educational needs of their stu- justification for waivers of any Federal statu- cluding students with disabilities and English dents, including students with disabilities and tory or regulatory provisions that the entity be- language learners. English language learners; and lieves are necessary for the successful operation ‘‘(g) LOCAL USES OF FUNDS.—An eligible ap- ‘‘(xi) will support efforts to increase quality of the charter schools that will receive funds plicant receiving a subgrant under this section initiatives, including meeting the quality au- under the entity’s program under this section, shall use such funds to open new charter thorizing elements described in paragraph and a description of any State or local rules, schools or replicable, high-quality charter (2)(E); generally applicable to public schools, that will school models, or expand existing high-quality ‘‘(B) of the extent to which the entity— be waived, or otherwise not apply to such charter schools. ‘‘(i) is able to meet and carry out the priorities schools. ‘‘(h) REPORTING REQUIREMENTS.—Each State listed in subsection (f)(2); and ‘‘(f) SELECTION CRITERIA; PRIORITY.— entity receiving a grant under this section shall ‘‘(ii) is working to develop or strengthen a co- ‘‘(1) SELECTION CRITERIA.—The Secretary submit to the Secretary, at the end of the third hesive statewide system to support the opening shall award grants to State entities under this year of the 5-year grant period and at the end of new charter schools and replicable, high- section on the basis of the quality of the appli- of such grant period, a report on— quality charter school models, and expanding cations submitted under subsection (e), after ‘‘(1) the number of students served and, if ap- high-quality charter schools; taking into consideration— plicable, how many new students were served ‘‘(C) how the entity will carry out the ‘‘(A) the degree of flexibility afforded by the during each year of the grant period; subgrant competition, including— State’s public charter school law and how the ‘‘(2) the number of subgrants awarded under ‘‘(i) a description of the application each eligi- entity will work to maximize the flexibility pro- this section to carry out each of the following— ble applicant desiring to receive a subgrant will vided to charter schools under the law; ‘‘(A) the opening of new charter schools; submit, including— ‘‘(B) the ambitiousness of the entity’s objec- ‘‘(B) the opening of replicable, high-quality ‘‘(I) a description of the roles and responsibil- tives for the quality charter school program car- charter school models; and ities of eligible applicants, partner organiza- ried out under this section; ‘‘(C) the expansion of high-quality charter tions, and management organizations, including ‘‘(C) the quality of the strategy for assessing schools; the administrative and contractual roles and re- achievement of those objectives; ‘‘(3) the progress the entity made toward meet- sponsibilities; and ‘‘(D) the likelihood that the eligible applicants ing the priorities described in subsection (f)(2), ‘‘(II) a description of the quality controls receiving subgrants under the program will meet as applicable; agreed to between the eligible applicant and the those objectives and improve educational results ‘‘(4) how the entity met the objectives of the authorized public chartering agency involved, for students; quality charter school program described in the such as a contract or performance agreement, ‘‘(E) the proposed number of new charter entity’s application under subsection (e); and how a school’s performance on the State’s schools to be opened, and the number of high- ‘‘(5) how the entity complied with, and en- academic accountability system will be a pri- quality charter schools to be replicated or ex- sured that eligible applicants complied with, the mary factor for renewal; and panded under the program; ‘‘(ii) a description of how the entity will re- assurances described in the entity’s application; ‘‘(F) the entity’s plan to— and view applications; and ‘‘(i) adequately monitor the eligible applicants ‘‘(D) in the case of an entity that partners ‘‘(6) how the entity worked with authorized receiving subgrants under the entity’s program; with an outside organization to carry out the public chartering agencies, including how the and agencies worked with the management company entity’s quality charter school program, in ‘‘(ii) work with the authorized public char- whole or in part, of the roles and responsibilities or leadership of the schools in which the sub- tering agencies involved to avoid duplication of grants were awarded. of this partner. work for the charter schools and authorized ‘‘(2) ASSURANCES.—Assurances, including a ‘‘(i) STATE ENTITY DEFINED.—For purposes of public chartering agencies; description of how the assurances will be met, this section, the term ‘State entity’ means— ‘‘(G) the entity’s plan to provide adequate that— ‘‘(1) a State educational agency; technical assistance, as described in the entity’s ‘‘(A) each charter school receiving funds ‘‘(2) a State charter school board; or application under subsection (e), for the eligible under the entity’s program will have a high de- ‘‘(3) a Governor of a State.’’. applicants receiving subgrants under the enti- gree of autonomy over budget and operations; SEC. 6. FACILITIES FINANCING ASSISTANCE. ty’s program under this section; and ‘‘(B) the entity will support charter schools in Section 5204 (20 U.S.C. 7221c) is amended to ‘‘(H) the entity’s plan to support quality au- meeting the educational needs of their students read as follows: thorizing efforts in the State, consistent with as described in paragraph (1)(A)(x); ‘‘SEC. 5204. FACILITIES FINANCING ASSISTANCE. ‘‘(C) the entity will ensure that the authorized the objectives described in subparagraph (B). ‘‘(2) PRIORITY.—In awarding grants under ‘‘(a) GRANTS TO ELIGIBLE ENTITIES.— public chartering agency of any charter school ‘‘(1) IN GENERAL.—From the amount reserved that receives funds under the entity’s program— this section, the Secretary shall give priority to State entities to the extent that they meet the under section 5202(b)(1), the Secretary shall ‘‘(i) ensures that the charter school is meeting award not less than 3 grants to eligible entities the obligations under this Act, part B of the In- following criteria: ‘‘(A) In the case in which a State entity is lo- that have applications approved under sub- dividuals with Disabilities Education Act, title section (d) to demonstrate innovative methods of VI of the Civil Rights Act of 1964, and section cated in a State that allows an entity other than the State educational agency to be an au- assisting charter schools to address the cost of 504 of the Rehabilitation Act of 1973; and acquiring, constructing, and renovating facili- ‘‘(ii) adequately monitors and helps the thorized public chartering agency or a State in ties by enhancing the availability of loans or schools in recruiting, enrolling, and meeting the which only a local educational agency may be bond financing. needs of all students, including students with an authorized public chartering agency, the ‘‘(2) ELIGIBLE ENTITY DEFINED.—For purposes disabilities and English language learners; State has an appeals process for the denial of of this section, the term ‘eligible entity’ means— ‘‘(D) the entity will provide adequate tech- an application for a charter school. ‘‘(A) a public entity, such as a State or local nical assistance to eligible applicants to— ‘‘(B) The State entity is located in a State ‘‘(i) meet the objectives described in clauses that does not impose any limitation on the num- governmental entity; (vii) and (viii) of paragraph (1)(A) and para- ber or percentage of charter schools that may ‘‘(B) a private nonprofit entity; or graph (2)(B); and exist or the number or percentage of students ‘‘(C) a consortium of entities described in sub- ‘‘(ii) enroll traditionally underserved students, that may attend charter schools in the State. paragraphs (A) and (B). including students with disabilities and English ‘‘(C) The State entity is located in a State that ‘‘(b) GRANTEE SELECTION.— language learners, to promote an inclusive edu- ensures equitable financing, as compared to tra- ‘‘(1) EVALUATION OF APPLICATION.—The Sec- cation environment; ditional public schools, for charter schools and retary shall evaluate each application submitted ‘‘(E) the entity will promote quality author- students in a prompt manner. under subsection (d), and shall determine izing, such as through providing technical as- ‘‘(D) The State entity supports full-, blended- whether the application is sufficient to merit ap- sistance, to support all authorized public char- , or hybrid-online charter school models. proval. tering agencies in the State to improve the moni- ‘‘(E) The State entity is located in a State that ‘‘(2) DISTRIBUTION OF GRANTS.—The Secretary toring of their charter schools, including by— uses charter schools and best practices from shall award at least one grant to an eligible en- ‘‘(i) using annual performance data, which charter schools to help improve struggling tity described in subsection (a)(2)(A), at least may include graduation rates and student schools and local educational agencies. one grant to an eligible entity described in sub- growth data, as appropriate, to measure the ‘‘(F) The State entity partners with an orga- section (a)(2)(B), and at least one grant to an progress of their schools toward becoming high- nization that has a demonstrated record of suc- eligible entity described in subsection (a)(2)(C), quality charter schools; and cess in developing management organizations to if applications are submitted that permit the ‘‘(ii) reviewing the schools’ independent, an- support the development of charter schools in Secretary to do so without approving an appli- nual audits of financial statements conducted in the State. cation that is not of sufficient quality to merit accordance with generally accepted accounting ‘‘(G) The State entity demonstrates quality approval. principles, and ensuring any such audits are policies and practices to support and monitor ‘‘(c) GRANT CHARACTERISTICS.—Grants under publically reported; and charter schools through factors, including— subsection (a) shall be of a sufficient size, scope, ‘‘(F) the entity will work to ensure that char- ‘‘(i) the proportion of high-quality charter and quality so as to ensure an effective dem- ter schools are included with the traditional schools in the State; and onstration of an innovative means of enhancing public school system in decision-making about ‘‘(ii) the proportion of charter schools enroll- credit for the financing of charter school acqui- the public school system in the State. ing, at a rate similar to traditional public sition, construction, or renovation.

VerDate Mar 15 2010 03:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 6333 E:\CR\FM\A08SE7.004 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE September 8, 2011 CONGRESSIONAL RECORD — HOUSE H5995

‘‘(d) APPLICATIONS.— counsel, underwriters, and potential investors than 2 years after the date on which the eligible ‘‘(1) IN GENERAL.—To receive a grant under and the consolidation of multiple charter school entity first received funds under this section (ex- subsection (a), an eligible entity shall submit to projects within a single bond issue). cluding subsection (k)), that the eligible entity the Secretary an application in such form as the ‘‘(2) INVESTMENT.—Funds received under this has failed to make substantial progress in car- Secretary may reasonably require. section and deposited in the reserve account es- rying out the purposes described in subsection ‘‘(2) CONTENTS.—An application submitted tablished under paragraph (1) shall be invested (f)(1); or under paragraph (1) shall contain— in obligations issued or guaranteed by the ‘‘(B) all or a portion of the funds in a reserve ‘‘(A) a statement identifying the activities pro- United States or a State, or in other similarly account established by an eligible entity under posed to be undertaken with funds received low-risk securities. subsection (f)(1) if the Secretary determines that under subsection (a), including how the eligible ‘‘(3) REINVESTMENT OF EARNINGS.—Any earn- the eligible entity has permanently ceased to use entity will determine which charter schools will ings on funds received under subsection (a) all or a portion of the funds in such account to receive assistance, and how much and what shall be deposited in the reserve account estab- accomplish any purpose described in subsection types of assistance charter schools will receive; lished under paragraph (1) and used in accord- (f)(1). ‘‘(B) a description of the involvement of char- ance with such subsection. ‘‘(2) EXERCISE OF AUTHORITY.—The Secretary ter schools in the application’s development and ‘‘(g) LIMITATION ON ADMINISTRATIVE COSTS.— shall not exercise the authority provided in the design of the proposed activities; An eligible entity may use not more than 2.5 paragraph (1) to collect from any eligible entity ‘‘(C) a description of the eligible entity’s ex- percent of the funds received under subsection any funds that are being properly used to pertise in capital market financing; (a) for the administrative costs of carrying out achieve one or more of the purposes described in ‘‘(D) a description of how the proposed activi- its responsibilities under this section (excluding subsection (f)(1). ties will leverage the maximum amount of pri- subsection (k)). ‘‘(3) PROCEDURES.—The provisions of sections vate-sector financing capital relative to the ‘‘(h) AUDITS AND REPORTS.— 451, 452, and 458 of the General Education Pro- amount of government funding used and other- ‘‘(1) FINANCIAL RECORD MAINTENANCE AND visions Act shall apply to the recovery of funds wise enhance credit available to charter schools, AUDIT.—The financial records of each eligible under paragraph (1). including how the entity will offer a combina- entity receiving a grant under subsection (a) ‘‘(4) CONSTRUCTION.—This subsection shall tion of rates and terms more favorable than the shall be maintained in accordance with gen- not be construed to impair or affect the author- rates and terms that a charter school could re- erally accepted accounting principles and shall ity of the Secretary to recover funds under part ceive without assistance from the entity under be subject to an annual audit by an inde- D of the General Education Provisions Act. this section; pendent public accountant. ‘‘(k) PER-PUPIL FACILITIES AID PROGRAM.— ‘‘(E) a description of how the eligible entity ‘‘(2) REPORTS.— ‘‘(1) DEFINITION OF PER-PUPIL FACILITIES AID possesses sufficient expertise in education to ‘‘(A) GRANTEE ANNUAL REPORTS.—Each eligi- PROGRAM.—In this subsection, the term ‘per- evaluate the likelihood of success of a charter ble entity receiving a grant under subsection (a) pupil facilities aid program’ means a program in school program for which facilities financing is annually shall submit to the Secretary a report which a State makes payments, on a per-pupil sought; and of its operations and activities under this sec- basis, to charter schools to provide the schools ‘‘(F) in the case of an application submitted tion. with financing— by a State governmental entity, a description of ‘‘(B) CONTENTS.—Each annual report sub- ‘‘(A) that is dedicated solely for funding char- the actions that the entity has taken, or will mitted under subparagraph (A) shall include— ter school facilities; or take, to ensure that charter schools within the ‘‘(i) a copy of the most recent financial state- ‘‘(B) a portion of which is dedicated for fund- State receive the funding the charter schools ments, and any accompanying opinion on such ing charter school facilities. need to have adequate facilities. statements, prepared by the independent public ‘‘(2) GRANTS.— ‘‘(e) CHARTER SCHOOL OBJECTIVES.—An eligi- accountant reviewing the financial records of ‘‘(A) IN GENERAL.—From the amount reserved ble entity receiving a grant under this section the eligible entity; under section 5202(b)(1) remaining after the Sec- shall use the funds deposited in the reserve ac- ‘‘(ii) a copy of any report made on an audit of retary makes grants under subsection (a), the count established under subsection (f) to assist the financial records of the eligible entity that Secretary shall make grants, on a competitive one or more charter schools to access private was conducted under paragraph (1) during the basis, to States to pay for the Federal share of sector capital to accomplish one or both of the reporting period; the cost of establishing or enhancing, and ad- following objectives: ‘‘(iii) an evaluation by the eligible entity of ministering per-pupil facilities aid programs. ‘‘(1) The acquisition (by purchase, lease, do- the effectiveness of its use of the Federal funds ‘‘(B) PERIOD.—The Secretary shall award nation, or otherwise) of an interest (including provided under subsection (a) in leveraging pri- grants under this subsection for periods of not an interest held by a third party for the benefit vate funds; more than 5 years. of a charter school) in improved or unimproved ‘‘(iv) a listing and description of the charter ‘‘(C) FEDERAL SHARE.—The Federal share of real property that is necessary to commence or schools served during the reporting period, in- the cost described in subparagraph (A) for a continue the operation of a charter school. cluding the amount of funds used by each per-pupil facilities aid program shall be not ‘‘(2) The construction of new facilities, includ- school, the type of project facilitated by the more than— ing predevelopment costs, or the renovation, re- grant, and the type of assistance provided to the ‘‘(i) 90 percent of the cost, for the first fiscal pair, or alteration of existing facilities, nec- charter schools; year for which the program receives assistance essary to commence or continue the operation of ‘‘(v) a description of the activities carried out under this subsection; a charter school. by the eligible entity to assist charter schools in ‘‘(ii) 80 percent in the second such year; ‘‘(f) RESERVE ACCOUNT.— meeting the objectives set forth in subsection (e); ‘‘(iii) 60 percent in the third such year; ‘‘(1) USE OF FUNDS.—To assist charter schools and ‘‘(iv) 40 percent in the fourth such year; and to accomplish the objectives described in sub- ‘‘(vi) a description of the characteristics of ‘‘(v) 20 percent in the fifth such year. section (e), an eligible entity receiving a grant lenders and other financial institutions partici- ‘‘(D) STATE SHARE.—A State receiving a grant under subsection (a) shall, in accordance with pating in the activities undertaken by the eligi- under this subsection may partner with 1 or State and local law, directly or indirectly, alone ble entity under this section (excluding sub- more organizations to provide up to 50 percent or in collaboration with others, deposit the section (k)) during the reporting period. of the State share of the cost of establishing or funds received under subsection (a) (other than ‘‘(C) SECRETARIAL REPORT.—The Secretary enhancing, and administering the per-pupil fa- funds used for administrative costs in accord- shall review the reports submitted under sub- cilities aid program. ance with subsection (g)) in a reserve account paragraph (A) and shall provide a comprehen- ‘‘(E) MULTIPLE GRANTS.—A State may receive established and maintained by the eligible entity sive annual report to Congress on the activities more than 1 grant under this subsection, so long for this purpose. Amounts deposited in such ac- conducted under this section (excluding sub- as the amount of such funds provided to charter count shall be used by the eligible entity for one section (k)). schools increases with each successive grant. or more of the following purposes: ‘‘(i) NO FULL FAITH AND CREDIT FOR GRANTEE ‘‘(3) USE OF FUNDS.— ‘‘(A) Guaranteeing, insuring, and reinsuring OBLIGATION.—No financial obligation of an eli- ‘‘(A) IN GENERAL.—A State that receives a bonds, notes, evidences of debt, loans, and inter- gible entity entered into pursuant to this section grant under this subsection shall use the funds ests therein, the proceeds of which are used for (such as an obligation under a guarantee, bond, made available through the grant to establish or an objective described in subsection (e). note, evidence of debt, or loan) shall be an obli- enhance, and administer, a per-pupil facilities ‘‘(B) Guaranteeing and insuring leases of per- gation of, or guaranteed in any respect by, the aid program for charter schools in the State of sonal and real property for an objective de- United States. The full faith and credit of the the applicant. scribed in subsection (e). United States is not pledged to the payment of ‘‘(B) EVALUATIONS; TECHNICAL ASSISTANCE; ‘‘(C) Facilitating financing by identifying po- funds which may be required to be paid under DISSEMINATION.—From the amount made avail- tential lending sources, encouraging private any obligation made by an eligible entity pursu- able to a State through a grant under this sub- lending, and other similar activities that di- ant to any provision of this section. section for a fiscal year, the State may reserve rectly promote lending to, or for the benefit of, ‘‘(j) RECOVERY OF FUNDS.— not more than 5 percent to carry out evalua- charter schools. ‘‘(1) IN GENERAL.—The Secretary, in accord- tions, to provide technical assistance, and to ‘‘(D) Facilitating the issuance of bonds by ance with chapter 37 of title 31, United States disseminate information. charter schools, or by other public entities for Code, shall collect— ‘‘(C) SUPPLEMENT, NOT SUPPLANT.—Funds the benefit of charter schools, by providing tech- ‘‘(A) all of the funds in a reserve account es- made available under this subsection shall be nical, administrative, and other appropriate as- tablished by an eligible entity under subsection used to supplement, and not supplant, State, sistance (including the recruitment of bond (f)(1) if the Secretary determines, not earlier and local public funds expended to provide per

VerDate Mar 15 2010 03:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 6333 E:\CR\FM\A08SE7.004 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE H5996 CONGRESSIONAL RECORD — HOUSE September 8, 2011 pupil facilities aid programs, operations financ- (2) in paragraph (3)(B), by striking ‘‘under Page 5, line 19, insert ‘‘or subpart 2’’ after ing programs, or other programs, for charter section 5203(d)(3)’’; and ‘‘this subpart’’. schools. (3) by inserting at the end the following: Page 7, line 16, insert ‘‘GRANT NUMBER AND ‘‘(4) REQUIREMENTS.— ‘‘(5) EXPANSION OF A HIGH-QUALITY CHARTER AMOUNT;’’ after ‘‘REVIEW;’’. ‘‘(A) VOLUNTARY PARTICIPATION.—No State SCHOOL.—The term ‘expansion of a high-quality Page 7, line 17, insert ‘‘; WAIVERS’’ after may be required to participate in a program car- charter school’ means a high-quality charter ‘‘PROJECTS’’. ried out under this subsection. school that either significantly increases its en- Page 8, after line 6, insert the following: ‘‘(B) STATE LAW.— rollment or adds one or more grades to its ‘‘(3) GRANT NUMBER AND AMOUNT.—The Sec- ‘‘(i) IN GENERAL.—To be eligible to receive a school. retary shall ensure that the number of grant under this subsection, a State shall estab- ‘‘(6) HIGH-QUALITY CHARTER SCHOOL.—The grants awarded under this section and the lish or enhance, and administer, a per-pupil fa- term ‘high-quality charter school’ means a char- award amounts will allow for a sufficient cilities aid program for charter schools in the ter school that— number of new grants to be awarded under State, that— ‘‘(A) shows evidence of strong academic re- this section for each succeeding fiscal ‘‘(I) is specified in State law; and sults, which may include strong academic year.’’. ‘‘(II) provides annual financing, on a per- growth as determined by a State; Page 8, line 7, redesignate paragraph (3) as pupil basis, for charter school facilities. ‘‘(B) has no significant issues in the areas of paragraph (4). ‘‘(ii) SPECIAL RULE.—A State that is required student safety, financial management, or statu- Page 8, after line 15, insert the following: under State law to provide its charter schools tory or regulatory compliance; ‘‘(5) WAIVERS.—The Secretary may waive with access to adequate facility space may be el- ‘‘(C) has demonstrated success in significantly any statutory or regulatory requirement igible to receive a grant under this subsection if increasing student academic achievement and over which the Secretary exercises adminis- the State agrees to use the funds to develop a attainment for all students served by charter trative authority except any such require- per-pupil facilities aid program consistent with schools; and ment relating to the elements of a charter the requirements of this subsection. ‘‘(D) has demonstrated success in increasing school described in section 5210(1), if— ‘‘(5) APPLICATIONS.—To be eligible to receive a student academic achievement for the subgroups ‘‘(A) the waiver is requested in an approved grant under this subsection, a State shall submit of students described in section application under this section; and an application to the Secretary at such time, in 1111(b)(2)(C)(v)(II). ‘‘(B) the Secretary determines that grant- such manner, and containing such information ‘‘(7) REPLICABLE, HIGH-QUALITY CHARTER ing such a waiver will promote the purpose as the Secretary may require.’’. SCHOOL MODEL.—The term ‘replicable, high- of this subpart.’’. SEC. 7. NATIONAL ACTIVITIES. quality charter school model’ means a high- Page 11, line 16, strike ‘‘English language Section 5205 (20 U.S.C. 7221d) is amended to quality charter school that will open a new cam- learners’’ and insert ‘‘limited English pro- read as follows: pus under an existing charter.’’. ficient students’’. ‘‘SEC. 5205. NATIONAL ACTIVITIES. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Page 12, line 5, strike ‘‘expanding’’ and in- ‘‘(a) IN GENERAL.—From the amount reserved Section 5211 (20 U.S.C. 7221j) is amended to sert ‘‘the expansion of’’. under section 5202(b)(2), the Secretary shall— read as follows: Page 12, line 7, insert ‘‘of’’ before ‘‘how’’. ‘‘(1) use not less than 50 percent of such funds Page 12, line 17, strike ‘‘and’’. ‘‘SEC. 5211. AUTHORIZATION OF APPROPRIA- Page 13, after line 2, insert the following: to award grants in accordance with subsection TIONS. (b); and ‘‘(III) a description of how the eligible ap- ‘‘There are authorized to be appropriated to plicant will solicit and consider input from ‘‘(2) use the remainder of such funds to— carry out this subpart $300,000,000 for fiscal ‘‘(A) disseminate technical assistance to State parents and other members of the commu- year 2012 and each of the 5 succeeding fiscal entities in awarding subgrants under section nity on the implementation and operation of years.’’. 5203; each charter school receiving funds under ‘‘(B) disseminate best practices; and SEC. 11. CONFORMING AMENDMENTS. the entity’s program; and’’ ‘‘(C) evaluate the impact of the charter school (a) REPEAL.—Subpart 2 of part B of title V (20 Page 13, line 4, strike ‘‘and’’. program, including the impact on student U.S.C. 7223 et seq.) is repealed. Page 13, line 9, strike the period and insert achievement, carried out under this subpart. (b) TABLE OF CONTENTS.—The table of con- ‘‘; and’’. ‘‘(b) GRANTS.— tents in section 2 is amended— Page 13, after line 9, insert the following: ‘‘(1) IN GENERAL.—The Secretary shall make (1) by striking the item relating to section 5203 ‘‘(E) of how the entity will help the charter grants, on a competitive basis, to eligible appli- and inserting the following: schools receiving funds under the entity’s cants for the purpose of carrying out the activi- ‘‘Sec. 5203. Grants to support high-quality program consider the transportation needs of ties described in section 5202(a)(1), subpara- charter schools.’’; the schools’ students; and graphs (A) through (C) of section 5203(a)(1), (2) by striking the item relating to section 5204 ‘‘(F) of how the entity will support diverse and section 5203(g). and inserting the following: charter school models, including models that ‘‘(2) TERMS AND CONDITIONS.—Except as oth- serve rural communities.’’. erwise provided in this subsection, grants ‘‘Sec. 5204. Facilities Financing Assistance.’’; Page 13, line 22, strike ‘‘the charter awarded under this subsection shall have the and school’’ and insert ‘‘each charter school’’. same terms and conditions as grants awarded to (3) by striking subpart 2 of part B of title V. Page 14, line 1, strike ‘‘and’’. State entities under section 5203. The CHAIR. No amendment to the Page 14, line 2, insert before the semicolon, ‘‘(3) ELIGIBLE APPLICANT DEFINED.—For pur- committee amendment in the nature of ‘‘, the Age Discrimination Act of 1975, and poses of this subsection, the term ‘eligible appli- a substitute shall be in order except title IX of the Education Amendments of cant’ means an eligible applicant that desires to 1972’’. open a charter school in— those printed in part A of House Report Page 14, beginning on line 3, strike ‘‘the ‘‘(A) a State that did not apply for a grant 112–200. Each such amendment may be schools’’ and insert ‘‘each charter school’’. under section 5203; offered only in the order printed in the Page 14, beginning on line 6, strike ‘‘(B) a State that did not receive a grant report, may be offered only by a Mem- ‘‘English language learners’’ and insert ‘‘lim- under section 5203; or ber designated in the report, shall be ited English proficient students’’. ‘‘(C) a State that received a grant under sec- considered as read, shall be debatable Page 14, line 7, insert ‘‘and’’ after the semi- tion 5203 and is in the 4th or 5th year of the for the time specified in the report colon. grant period for such grant. Page 14, after line 7, insert the following: ‘‘(c) CONTRACTS AND GRANTS.—The Secretary equally divided and controlled by the ‘‘(iii) ensures that each charter school so- may carry out any of the activities described in proponent and an opponent, shall not licits and considers input from parents and this section directly or through grants, con- be subject to amendment, and shall not other members of the community on the im- tracts, or cooperative agreements.’’. be subject to a demand for division of plementation and operation of the school;’’. SEC. 8. RECORDS TRANSFER. the question. Page 14, line 15, strike ‘‘English language learners’’ and insert ‘‘limited English pro- Section 5208 (20 U.S.C. 7221g) is amended— AMENDMENT NO. 1 OFFERED BY MR. KLINE (1) by inserting ‘‘as quickly as possible and’’ ficient students’’. before ‘‘to the extent practicable’’; and The CHAIR. It is now in order to con- Page 14, beginning on line 22, amend clause (2) by striking ‘‘section 602’’ and inserting sider amendment No. 1 printed in part (i) to read as follows: ‘‘section 602(14)’’. A of House Report 112–200. ‘‘(i) assessing annual performance data of SEC. 9. DEFINITIONS. Mr. KLINE. Mr. Chairman, I have an the schools, including, as appropriate, grad- Section 5210 (20 U.S.C. 7221i) is amended— amendment at the desk. uation rates and student growth; and’’. (1) in paragraph (1)— The CHAIR. The Clerk will designate Page 15, line 8, strike ‘‘and’’. (A) by striking ‘‘and’’ at the end of subpara- the amendment. Page 15, line 12, strike the period at the graph (K); end and insert ‘‘; and’’. (B) by striking the period at the end of sub- The text of the amendment is as fol- Page 15, after line 12, insert the following: paragraph (L) and inserting ‘‘; and’’; and lows: ‘‘(G) the entity will ensure that each char- (C) by adding at the end, the following: Page 4, beginning on line 6, strike ‘‘English ter school in the State make publicly avail- ‘‘(M) may serve prekindergarten or post sec- language learners’’ and insert ‘‘limited able, consistent with the dissemination re- ondary students.’’; English proficient students’’. quirements of the annual State report card,

VerDate Mar 15 2010 03:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A08SE7.004 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE September 8, 2011 CONGRESSIONAL RECORD — HOUSE H5997 the information parents need to make in- In all our goals for an improved edu- As we work to ensure all students formed decisions about the educational op- cation system, one stands above the have access to a quality education, this tions available to their children, including rest: ensuring students have access to a act is a step in the right direction. Mr. information on the educational program, quality education. My colleagues and I Chairman, the manager’s amendment student support services, and annual per- formance and enrollment data for the groups firmly believe supporting the growth of makes commonsense adjustments to of students described in section high-performing charter schools will improve the underlying legislation, and 1111(b)(2)(C)(v)(II).’’. help us reach that goal. I urge my colleagues to lend their sup- Page 16, line 17, insert ‘‘proposed’’ before Charter schools epitomize choice and port. ‘‘number’’. flexibility in education, and represent I reserve the balance of my time. Page 17, line 7, strike ‘‘and’’. an efficient way school districts can b 1450 page 17, line 10, strike the period at the end transform an underperforming tradi- and insert ‘‘; and’’. Mr. GEORGE MILLER of California. Page 17, insert after line 10, the following: tional public school into a dynamic ‘‘(I) the entity’s plan to solicit and con- learning institution. Thanks to the ad- Mr. Chairman, I claim time in opposi- sider input from parents and other members ditional autonomy afforded to these in- tion, although I am not in opposition of the community on the implementation stitutions, charter schools have be- to the manager’s amendment. and operation of the charter schools in the come renowned for their ability to ef- The CHAIR. Without objection, the State.’’. fectively meet the needs of the unique gentleman is recognized for 5 minutes. Page 18, beginning on line 7, strike sub- student population. There was no objection. paragraph (D). Mr. GEORGE MILLER of California. Page 18, line 9, redesignate subparagraph A great case study of adaptability of (E) as subparagraph (D). charters is Locke High School, located I will be brief here because I want to Page 18, line 13, redesignate subparagraph in the tough South Central area of Los yield to the gentleman from Colorado, (F) as subparagraph (E). Angeles. Students in this area face a but I want to point out that the man- Page 18, line 18, redesignate subparagraph multitude of challenges—from gang vi- ager’s amendment again was a lot of (G) as subparagraph (F). olence to poverty to troubled homes. hard work by the staff to put together Page 18, line 20, strike the comma after the various ideas from the members of ‘‘factors’’. Locke High School had some of the Page 19, line 2, strike ‘‘English language lowest test scores and highest dropout the committee on both sides of the learners’’ and insert ‘‘limited English pro- rates in the country. Only roughly 5 aisle, but I think they have done a ficient students’’. percent of its students went on to 4- spectacular job, and the chairman and Page 19, after line 2, insert the following: year colleges and universities. myself both support this legislation. ‘‘(G) The State entity supports charter In 2007, the LA Unified School Dis- I am very supportive of the efforts in schools that support at-risk students trict agreed to transform Locke High the manager’s amendment to make through activities such as dropout preven- School into a public charter school. sure that parent and community input tion or dropout recovery. is a priority in the implementation of ‘‘(H) The State entity authorizes all char- Charter school officials instituted ter schools in the State to serve as school broad changes to the school, such as the charter school improvement and food authorities.’’. improved facilities, new teachers, pa- the operation of those charter schools. Page 19, line 12, insert ‘‘by each subgrant rental volunteer hours, uniforms, and We require that, as you consider the awarded under this section’’ after ‘‘number strict disciplinary measures. As a re- beginning of a charter school, you take of students served’’. sult, attendance rates have increased into consideration, and the State enti- Page 19, line 14, strike ‘‘grant’’ and insert ties take into consideration, the input ‘‘subgrant’’. to 90 percent—a real success story. Page 20, line 10, strike ‘‘in which the sub- Stories of charter schools that in- of parents and the community. I think grants were awarded’’ and insert ‘‘that re- spire success in students no matter the this is very important. ceived subgrants under this section’’. circumstance exist beyond Locke High We know that there are many, many Page 20, line 23, strike ‘‘not less than 3 School. These institutions have bene- parents that want to be involved in grants to eligible entities that have’’ and in- fited children and communities in cit- creating charter schools, sustaining a sert ‘‘grants to eligible entities that have ies across the United States. Unfortu- charter school, thinking about what the highest-quality’’. they want to do with the schools in Page 20, line 24, after ‘‘subsection (d)’’ in- nately, charter schools are not growing sert ‘‘, after considering the diversity of such as they should. This act will facilitate their neighborhood. I think this is an applications,’’ the development of high-performing important component that I hope to Page 21, beginning on line 11, amend sub- charter schools by consolidating Fed- see in the reauthorization of the ESEA, section (b) to read as follows: eral funding streams, incentivizing that more consideration is given to ‘‘(b) GRANTEE SELECTION.—The Secretary States to support the development and community and to parents about how shall evaluate each application submitted expansion of these institutions, and we turn schools around so that they under subsection (d), and shall determine whether the application is sufficient to evaluating the benefits these schools have some skin in the game, they have merit approval.’’. offer to students and their families. some interest in the game, and they Page 26, beginning on line 2, strike ‘‘sub- However, as my colleagues and I con- have a stake in the outcome of that. section’’ and insert ‘‘paragraph’’. tinued to work together on this legisla- The manager’s amendment also re- Page 32, line 23, strike ‘‘To’’ and insert tion, we realized even more could be quires that each charter school in the ‘‘Except as provided in clause (ii), to’’. done to help charter schools assist a State make publicly available informa- Page 33, line 7, strike ‘‘A’’ and insert ‘‘Not- tion on the educational program, the withstanding clause (i), a’’. variety of students, including those Page 33, line 10, insert ‘‘, but which does most at risk. The accomplishments of a student support services, teachers, and not have a per-pupil facilities aid program charter school like Locke High School annual performance enrollment data for charter schools specified in State law,’’ should be encouraged and supported. for all students by the subgroups, and after ‘‘space’’. That’s why we have developed language it strengthens the application process Page 34, line 7, insert ‘‘, and eligible enti- in the manager’s amendment that that includes application and descrip- ties and States receiving grants under sec- would offer incentives to States that tion of how schools will consider the tion 5204’’ before the semicolon. Page 36, line 8, strike ‘‘inserting’’ and in- use charter schools to reach out to spe- transportation needs of their students, sert ‘‘adding’’. cial populations, such as at-risk stu- and also on how the schools and enti- Page 37, line 4, strike ‘‘subgroups’’ and in- dents. ties will support diverse charter school sert ‘‘groups’’. Additionally, Members on both sides models, including those serving rural The CHAIR. Pursuant to House Reso- of the aisle decided steps must be areas. lution 392, the gentleman from Min- taken to help Federal Charter School With that, I would like to yield to nesota (Mr. KLINE) and a Member op- Program grants remain on a sustain- the gentleman from Colorado to talk posed each will control 5 minutes. able path. The manager’s amendment about the replication of high-quality The Chair recognizes the gentleman directs the Secretary of Education to charters. from Minnesota. undertake proper planning efforts to Mr. POLIS. I thank the gentleman. Mr. KLINE. Mr. Chairman, I rise in ensure sufficient new grants can be Mr. Chairman, again, this process support of the manager’s amendment awarded annually to the best appli- really demonstrates strong bipartisan offered by myself and Mr. MILLER. cants. leadership and a commitment to our

VerDate Mar 15 2010 04:39 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A08SE7.013 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE H5998 CONGRESSIONAL RECORD — HOUSE September 8, 2011 Nation’s children from both Chairman The CHAIR. The Clerk will designate vests in research and development; it’s KLINE and Ranking Member MILLER, as the amendment. about the people and creative vision. well as all the members of the com- The text of the amendment is as fol- ‘‘It’s about the people you have, how mittee and their staff. And I express lows: you’re led, and how much you get it,’’ not only my deep appreciation but, I Page 3, line 17, redesignate paragraph (1) as Mr. Jobs told Fortune magazine in am sure, the deep appreciation of the paragraph (2), and insert the following: 1998. many millions of children that this bill ‘‘(1) improve the United States education ‘‘People,’’ Mr. Chairman, ‘‘people’’ is will help provide additional opportuni- system and educational opportunities for all the key word. With better and more in- ties for to them both. Americans by supporting innovation in pub- novative schools, we will have more lic education in public school settings that This manager’s amendment makes a creative people entering our workforce. good bill even better, including allow- prepare students to compete and contribute to the global economy;’’. Unfortunately, the World Economic ing priority for States that allow char- Page 3, line 20, redesignate paragraph (2) as Forum just announced that the United ters to have autonomous school food paragraph (3). States dropped to fifth place in the services. It’s critical charter schools Page 3, line 22, redesignate paragraph (3) as world’s most competitive economies are allowed to have independent food paragraph (4). behind nations such as Switzerland and services. Many lack cafeteria space in Page 4, line 1, redesignate paragraph (4) as Singapore. Well, Mr. Chairman, that’s some facilities, and this amendment paragraph (5). Page 4, line 5, redesignate paragraph (5) as the wrong direction and we need to will prioritize States that allow for paragraph (6). turn it around. that. We all know how important nu- Page 4, line 10, redesignate paragraph (6) as If America is going to reach its po- trition is for success. Transportation paragraph (7). tential, we need schools that cultivate to and from charter schools is also crit- The CHAIR. Pursuant to House Reso- entrepreneurs and visionaries. We need ical. lution 392, the gentlewoman from Cali- more companies such as Apple that can The bill also allows for the expan- fornia (Mrs. DAVIS) and a Member op- compete globally. sion, for the very first time, a replica- posed each will control 5 minutes. Please join me in stressing the need tion of successful charter school mod- The Chair recognizes the gentle- to support innovation, beginning with els, again deferring to States in that woman from California. our approach to education. I applaud regard. Previously, these monies were Mrs. DAVIS of California. Mr. Chair- the efforts of our bipartisan team here only eligible for the establishment of man, this amendment simply stresses that’s worked so hard on this under- innovative new charter schools, a wor- the need to constantly seek ways to lying bill and the amendments. thy goal and one that is preserved improve and find innovative ways to Mr. Chairman, I yield back the bal- under this bill as well. But we are now teach our students in the public edu- ance of my time. 10 years later down the road. We know cation system. Mr. KLINE. Mr. Chairman, I claim a little bit about what works and what Given the state of the economy, we time in opposition to the amendment, doesn’t work. need to encourage economic and job although I do not intend to oppose it. Based on that, the bill in the man- growth from every angle. We need to do The CHAIR. Without objection, the ager’s amendment, A, upped the ante whatever is possible to compete in the gentleman from Minnesota is recog- on the best practices for the States in global economy. The best way to stay nized for 5 minutes. terms of being good authorizers, and, on the cutting edge is to build a work- There was no objection. B, allowed some of the funds to be used force that can compete against the best Mr. KLINE. Thank you, Mr. Chair- to expand and replicate proven success, and the brightest in the world. We need man. as well as preserving some for the con- schools to find new and innovative This amendment is entirely con- tinued innovation, which is also nec- ways to teach our students, particu- sistent with the underlying purpose of essary to drive our education system larly in the key subjects of math, the charter school movement. It im- forward. proves the bill. I support the amend- This manager’s amendment also sup- science, and engineering. One example of an innovative school ment. ports dropout prevention and recovery Mr. GEORGE MILLER of California. and rural needs. Figuring out how is the High Tech High charter school in San Diego, which has the goal of bring- Will the gentleman yield? charter schools can fit in the context Mr. KLINE. I yield to the gentleman of rural and smaller school districts ing highly skilled employees into the workforce. from California. has also been an important learning Mr. GEORGE MILLER of California. curve over the last 10 years. This bill With the support of technology com- panies such as Qualcomm and Micro- I thank the gentleman for yielding. and the manager’s amendment incor- Mr. Chairman, I rise in support of porate some of the very best thinking soft, High Tech High has taken innova- tion in its curriculum to a new level. this legislation. in that regard in terms of making sure I think one of the intents of this bill that States have plans to ensure that Since 2003, the result has been that 100 percent of High Tech High’s graduates and, hopefully, in our reforms of the charter schools can also benefit rural Elementary and Secondary Education areas. have gone on to attend college at such universities as NYU, MIT, and Yale. Act is to keep our eye on global com- This bipartisan amendment exempli- petition and understand that we must fies the great work of the committee High Tech High has successfully found innovative ways to teach innova- prepare today’s students for tomor- leadership overall in the bill and truly row’s global economy and the global does improve upon the base bill. I am tion. And what does innovation in edu- cation mean? It means teachers and competition that that suggests. very proud to be strongly supportive of I strongly support and have had long the manager’s amendment as well as principals who find ways to inspire and get students excited to learn. It can conversations with the gentlewoman the underlying bill. on this amendment and agree to it. Mr. GEORGE MILLER of California. mean teaching students and children Mr. KLINE. I yield back the balance I yield back the balance of my time. how to think, how to work together, Mr. KLINE. Mr. Chairman, I yield how to think across disciplines, and, of my time. The CHAIR. The question is on the back the balance of my time. most importantly, how to act on their The CHAIR. The question is on the knowledge. It will take innovation to amendment offered by the gentle- amendment offered by the gentleman meet these goals to consistently im- woman from California (Mrs. DAVIS). The amendment was agreed to. from Minnesota (Mr. KLINE). prove instruction in the classroom. The amendment was agreed to. Steve Jobs, as we know, led Apple to AMENDMENT NO. 3 OFFERED BY MR. PAULSEN AMENDMENT NO. 2 OFFERED BY MRS. DAVIS OF become one of the largest and most The CHAIR. It is now in order to con- CALIFORNIA successful technology companies in sider amendment No. 3 printed in part The CHAIR. It is now in order to con- history. His visions led to such prod- A of House Report 112–200. sider amendment No. 2 printed in part ucts as the iPod, the Mac computer, Mr. PAULSEN. I have an amendment A of House Report 112–200. and, recently, the iPad. at the desk. Mrs. DAVIS of California. Mr. Chair- Mr. Jobs once said Apple’s success is The CHAIR. The Clerk will designate man, I have an amendment at the desk. not just about how much money it in- the amendment.

VerDate Mar 15 2010 03:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.056 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE September 8, 2011 CONGRESSIONAL RECORD — HOUSE H5999 The text of the amendment is as fol- formers among the U.S. Department of if they don’t use the year for a plan- lows: Education’s Blue Ribbon Schools, and ning year, it is actually a full 5-year Page 8, line 22, after ‘‘period’’ insert ‘‘, un- multiple national rankings of the Best wait before the school would have ac- less the eligible applicant demonstrates to High Schools in America. It is no sur- cess to expansion and replication re- the State entity not less than 3 years of im- prise that public support and demand sources without this amendment. So I proved educational results in the areas de- for these charter schools is steadily in- am particularly glad of Mr. PAULSEN’s scribed in subparagraphs (A) and (D) of sec- creasing. effort to bring this forward. tion 5210(6) for students enrolled in such So, Mr. Chairman, the legislation The national activity section of the charter school’’. recognizes the opportunity to enhance bill already reflects this. In fact, the The CHAIR. Pursuant to House Reso- the empowerment of parents and national activity section provides fund- lution 392, the gentleman from Min- should go forward, allowing them to ing after 3 years of demonstrated suc- nesota (Mr. PAULSEN) and a Member play an active role in their child’s edu- cess, but that’s only 2.5 percent of the opposed each will control 5 minutes. cation. This amendment will give the total funds of the bill. Most of the The Chair recognizes the gentleman most successful schools the ability to funds under this bill are pushed to the from Minnesota. grow and offer even more quality edu- States and allowed for the dual purpose b 1500 cation options to more parents and stu- of innovation and expansion and rep- dents. lication. And essentially what this bill Mr. PAULSEN. Mr. Chairman, I rise I want to thank Chairman KLINE for remedies, it reflects the national ac- today in support of the underlying bill, his leadership, the ranking member tivities language in saying that the H.R. 2218, the Empowering Parents from California for his leadership, and States have the discretion, they are ac- through Charter Schools Act, and to I also want to thank Representative tually allowed to require 5 years of offer this amendment that will give POLIS for cosponsoring this amendment demonstrated success. I wouldn’t en- America’s students more opportunities and for his leadership and his true ad- courage them to do that, but they have to succeed. vocacy, his steadfast advocacy for ex- the flexibility to do it with 3 years of My amendment will make it easier pansion of school choice and opportuni- demonstrated success to ensure that for successful charter schools to rep- ties across the country. proven educational opportunities for licate and expand in a timely manner I reserve the balance of my time. kids can reach more kids sooner under because by giving these schools the Mr. POLIS. I claim time in opposi- this amendment which is why I am ability to receive an expansion grant tion, although I am not opposed to the proud to lend it my support. after 3 years rather than the current 5 amendment. I yield back the balance of my time. years, they will be able to grow and The CHAIR. Without objection, the Mr. PAULSEN. Mr. Chairman, I ask offer quality education to even more gentleman from Colorado is recognized for adoption of this bipartisan amend- students and provide expanded choices for 5 minutes. ment and the underlying bill, and I to parents in a shorter period of time. There was no objection. yield back the balance of my time. So this amendment will also Mr. POLIS. Mr. Chairman, I am The CHAIR. The question is on the strengthen the bill by continuing to proud to bring forward this bipartisan amendment offered by the gentleman break down barriers to help quality bill. Let me express why it is impor- from Minnesota (Mr. PAULSEN). charter schools grow to meet their tant. To delay the expansion of a suc- The amendment was agreed to. staggering demand. cessful charter school for 5 years and AMENDMENT NO. 4 OFFERED BY MR. LUJA´ N Currently, Mr. Chairman, an esti- prevent States from having the flexi- The CHAIR. It is now in order to con- mated 420,000 students across the coun- bility to deploy these resources after 3 sider amendment No. 4 printed in part try are being kept on waiting lists to proven years only consigns more kids A of House Report 112–200. attend the charter school of their to failure and lack of opportunity. It is Mr. LUJA´ N. Mr. Chairman, I have an choice. We should be giving these stu- an important amendment because it amendment at the desk. dents more opportunities to attend and provides flexibility for States and char- The CHAIR. The Clerk will designate learn and be successful. ter schools to expand what works. And the amendment. My home State of Minnesota has 1 year could be an aberration, 2 years The text of the amendment is as fol- seen tremendous success because we of proven success can be lucky, but 3 lows: have been a pioneer in expanding edu- years of success is hard to dispute. Page 11, line 12, insert before the semicolon cational options and choice. In 1991, we When a school has 3 years of proven ‘‘, including, where appropriate, instruction were the first State to pass a charter success, to make it wait 5 full years be- and professional development in science, school law, and we now have 149 reg- fore it’s eligible to expand with Federal math, technology, and engineering edu- istered charter schools with over 35,000 money only consigns all of those stu- cation’’. students attending them. Today, over dents who would have been served to The CHAIR. Pursuant to House Reso- 40 States and the District of Columbia otherwise reside on the waiting list and lution 392, the gentleman from New have established charter school laws of are forced to attend schools that pro- Mexico (Mr. LUJA´ N) and a Member op- their own. vide less educational opportunity. We posed each will control 5 minutes. I support the underlying bill which are only young once in life, and that’s The Chair recognizes the gentleman was crafted bipartisanly. It encourages why with regard to education and im- from New Mexico. States to support the development of proving the quality of our public Mr. LUJA´ N. Mr. Chairman, the charter schools. It streamlines funds to schools, we all feel the fierce urgency United States has the best research fa- reduce administrative burdens and im- of now. cilities and educational facilities in the prove funding opportunities for the When a charter school starts out, it world, and we continue to be a leader replication of successful charter is not possible to predict whether it in developing cutting-edge technology schools and facilities assistance. It also will be successful or not, and that’s the in fields spanning from renewable en- supports an evaluation of the school’s purpose of the innovation grants. With- ergy to medicine. But our Nation’s impact on students, families, and com- out this amendment, charter schools competitiveness depends upon our abil- munities while encouraging best prac- that have proven success could be ity to educate our students and equip tices sharing between charters and tra- forced to wait 5 years before being able them with the skills they need to suc- ditional public schools. to replicate and expand, a wait that ceed in the jobs of the future. There is no doubt that charter our Nation can’t afford and, most of The President, congressional leader- schools are a prime example that inno- all, those kids on the waiting list can’t ship, and business have all agreed that vative education methods are con- afford. our Nation must do better in order to stantly at work, and this bill will give This revision is especially needed for compete and excel globally in science, our schools the ability to do even more charter schools that don’t use the technology, engineering and math, or for our children. grants for planning, which is another STEM fields. My amendment today We all know that these charter year before the charter school starts, simply says that entities include in schools consistently rank as top per- so it could be 1 year or 3 or 4 years. But their application a description of how

VerDate Mar 15 2010 03:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.059 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE H6000 CONGRESSIONAL RECORD — HOUSE September 8, 2011 the school’s program would share best rado (Mr. POLIS) and a Member opposed States. And that’s already one of the practices between charter schools and each will control 5 minutes. provisions of this. But from my own ex- other public schools, including best The Chair recognizes the gentleman perience on the State Board of Edu- practices in instruction and profes- from Colorado. cation, I know that the appeals process sional development in STEM edu- Mr. POLIS. Mr. Chairman, again, one is really less desirable for a number of cation. This amendment supports the of the best practices that I think we reasons. First of all, it’s only reactive identification of best practices and en- have learned over the last 10 years is and only addresses the merits of courages opportunities for teacher the importance of having alternative whether a particular school board de- training and mentoring in STEM. authorizing agencies. In fact, 32 States nial was valid or not. It’s not proactive According to the National Center for have created alternative authorizing in terms of developing innovative Education Statistics, U.S. high school agencies, including my home State of learning models and supporting the seniors recently tested below the inter- Colorado which has a charter school in- quality, development, and authorizing national average for 21 countries in stitute. In other States it takes the practice of charter schools. Two, ap- mathematics and science. This is sim- form of vesting mayors, university peals can address school district delays ply not acceptable. We must make a board of regents, or State boards of in approving charter schools. There’s commitment to restore science and in- education as alternative authorizers. also a way of kind of killing by delay— novation as keys to a new American b 1510 burying under paperwork, unreason- economy. We must ensure that Amer- able request after unreasonable request ica’s students are trained to be Doing so ensures that bold ideas for from the school district to the founders innovators, critical thinkers, problems charter schools brought forth by par- of the charter school that ultimately solvers, and prepared to become part of ents and grassroots community mem- lead to the abandonment of the idea. the work force for the 21st century. bers are more likely to get a fair shot Appeals are often limited in scope I urge my colleagues to support my at being considered if there is an alter- and criteria. And appeals are also a amendment. native authorizer, instead of what’s al- drain on State resources, State Board Mr. GEORGE MILLER of California. ready in the bill, which also should be of Education members’ time, Depart- Will the gentleman yield? present, which is an appeals process. ment of Education staff time, State at- Mr. LUJA´ N. I yield to the gentleman An appeals process automatically kind torney generals’ time. So while they from California. of sets up a kind of adversarial rela- have their role, it really should be a Mr. GEORGE MILLER of California. tionship. We have that as well in Colo- last resort and shouldn’t be prioritized I thank the gentleman for yielding, rado. When I served on the State Board as the best practice. That’s why I’m thank him for offering the amendment, of Education, we heard appeals proc- proposing to add a priority for multiple and I rise in strong support of this esses. So if a district turned down a charter authorizers. Again, States will amendment. charter school, it was appealed to the be able to determine the best form that Mr. LUJA´ N. Mr. Chairman, I yield State Board. We could then overrule that should take. back the balance of my time. that district and force them to grant I should also point out this is very Mr. KLINE. Mr. Chairman, I claim it. But it set up a very adversarial rela- important for rural areas and small time in opposition to the amendment, tionship. districts. It is very, very difficult if not but I do not intend to oppose it. What has proven to work better in 32 impossible for a small district or rural The CHAIR. Without objection, the States that have it is having an alter- school district to be a quality author- gentleman from Minnesota is recog- native authorizer in addition to an ap- izer. In many cases, they recognize nized for 5 minutes. peals process so that districts that sim- that, and would rather not be. In fact, There was no objection. ply don’t want to be in the charter au- in Colorado, most of the districts that Mr. KLINE. This amendment simply thorizing business or that refuse to have welcomed the State authorizer emphasizes the importance of STEM grant any charter schools or don’t have and said for the local applicants to education. It is widely recognized in an application process for them can apply to them instead of their district the business community, the education simply allow another entity to provide are districts that know that they can’t community and throughout America the quality oversight that’s needed for engage in a meaningful approval or that there is a growing gap that we a charter school in the district. oversight process. By having a State- need to fill in STEM education. By un- One of the great evolutions of the wide entity you allow some scale to the derscoring the importance of STEM last 10 years has been the responsi- very important business of being an au- education, this is helpful to the bill. I bility of charter school authorizers. thorizer—a scale that small and rural encourage my colleagues to support It’s not simply a charter school that districts lack. We can empower com- the amendment. needs to reform. It’s the authorizer, munity members in those districts I yield back the balance of my time. the public entity, that needs to hold with the power of school choice and The CHAIR. The question is on the that charter school responsible for the charters by ensuring that there is a amendment offered by the gentleman performance of its students. In my multiple authorizer. from New Mexico (Mr. LUJA´ N). State of Colorado, our charter school This amendment is supported by the The amendment was agreed to. institute approved 22 charter schools National Alliance for Public Charter AMENDMENT NO. 5 OFFERED BY MR. POLIS serving 10,000 students in the 6 years Schools as well as—and very impor- The CHAIR. It is now in order to con- that we’ve had it. That’s 22 out of tant, a newer entity at the national sider amendment No. 5 printed in part about 120 charter schools that exist in level—the National Association for A of House Report 112–200. the State. The State University of New Charter School Authorizers, which is Mr. POLIS. Mr. Chairman, I have an York and the University of Indiana in actually composed of districts and amendment at the desk. Michigan have also approved some of State authorizing agencies, both of The CHAIR. The Clerk will designate those States’ most successful charter whom have endorsed this amendment. the amendment. schools. Again, it simply establishes this as a The text of the amendment is as fol- Local school boards look at things in priority for funding, ensuring that this lows: a different way sometimes. They appro- best practice that we’ve come to learn Page 17, begining on line 14, strike sub- priately consider their district’s own over the last decade can better be re- paragraph (A), and insert the following: financial situation when voting on flected and that hopefully States that ‘‘(A) In the case of a State entity located in a State that allows an entity other than charter schools. But that focus some- haven’t yet had the chance to look at a local educational agency to be an author- times interferes with their consider- a way to create an alternative author- ized public chartering agency, the State has ation of the greater good and local con- izing agency will be able to learn from a quality authorized public chartering agen- trol. Quiet, quality, viable public the States that have under this, and do cy that is an entity other than a local edu- school choices for parents and students so, to ensure that charter schools get a cational agency.’’. that address the diverse learning needs fair hearing, prevent the adversarial The CHAIR. Pursuant to House Reso- of their district. Unreasonable denials outcomes that too frequently come lution 392, the gentleman from Colo- by school districts can be appealed in from the appeals process, and ensure

VerDate Mar 15 2010 03:55 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.065 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE September 8, 2011 CONGRESSIONAL RECORD — HOUSE H6001 that choice is given meaning in rural able, and much more. These are intri- have the internal capacity to carry out school districts and small school dis- cate programs with multiple moving the responsibilities under the grant. tricts. parts that require time and labor-in- But to deny the Governor the oppor- I urge support of my amendment, and tensive administration. tunity seems to me doesn’t make sense I yield back the balance of my time. I do believe that in my own State of when it’s required that the SEA be in- Mr. KLINE. Mr. Chairman, I claim Wisconsin, for example, we have con- volved. time in opposition, although I do not stitutionally elected superintendents I will just say I know why you’re of- intend to oppose the amendment. of public instruction. And it should re- fering the amendment, and I am obvi- The CHAIR. Without objection, the main within their purview to oversee ously reluctant to oppose it, but I gentleman from Minnesota is recog- and administer this program. Cer- think we have addressed this concern nized for 5 minutes. tainly, we all want Governors to be in- in the legislation. There was no objection. volved. But I think that my amend- Mr. KLINE. Thank you, Mr. Chair- ment makes it really clear that the ul- I thank the gentleman for yielding. man. timate responsibility should stay with Mr. KLINE. I reserve the balance of The gentleman from Colorado has those State public instruction agen- my time. very succinctly, clearly, and I would cies. even say eloquently explained the prob- I reserve the balance of my time. Ms. MOORE. I want to thank the gen- lem in the authorizing business in Mr. KLINE. Mr. Chairman, I claim tlemen for responding, even though charter schools and offered a very, very time in opposition to the amendment. they are opposed. good solution. This is a good amend- The CHAIR. The gentleman from Let me say that I am old enough to ment. It improves the bill. I support it. Minnesota is recognized for 5 minutes. have gone through several guber- I yield back the balance of my time. Mr. KLINE. All across the country natorial races; and Governors run for The CHAIR. The question is on the we’ve seen Governors and other State office based on crime prevention and amendment offered by the gentleman and local officials stand up in support crime control, economic development, from Colorado (Mr. POLIS). of important education reform efforts lowering taxes, environmental protec- The amendment was agreed to. that put the interest of children first. tion, and even welfare reform. And so AMENDMENT NO. 6 OFFERED BY MS. MOORE The underlying legislation before us the public in many States have elected The CHAIR. It is now in order to con- today expands the number of State en- to elect separate constitutional offi- sider amendment No. 6 printed in part tities that may compete for charter cers that deal solely with educational A of House Report 112–200. school funding, allowing Governors to opportunity. And by not adopting this Ms. MOORE. Mr. Chairman, I have an act on their support for charter amendment, we are literally cutting amendment at the desk. schools. It addresses a real concern off the legs of the statewide constitu- The CHAIR. The Clerk will designate that has arisen in States that do not tional officers to do the only duty for the amendment. have a State education agency which which they are elected, and that is for The text of the amendment is as fol- supports charter schools. educational purposes, and transferring lows: Today, there are more than 420,000 those duties to a Governor whose agen- Page 20, line 13, insert ‘‘or’’ after the semi- students on charter school wait lists. da may have nothing to do with edu- colon. And we’ve all seen the recent documen- cation at all. Page 20, line 14, strike ‘‘; or’’ and insert a taries, ‘‘Waiting for Superman’’ and period. ‘‘The Lottery.’’ These chronicle low-in- With respect to the notion that the Page 20, line 15, strike paragraph (3). come students trapped in failing Governor has to work with the state- The CHAIR. Pursuant to House Reso- schools, desperate for better education wide superintendent of public instruc- lution 392, the gentlewoman from Wis- opportunities. Instead of helping tion, under current law right now, su- consin (Ms. MOORE) and a Member op- States meet this truly incredible de- perintendents do work with the Gov- posed each will control 5 minutes. mand for more high quality charter ernor. And so I am sad that this is The Chair recognizes the gentle- schools, unfortunately, this amend- being opposed by both the majority and woman from Wisconsin. ment would actually stifle charter the minority on this committee be- Ms. MOORE. Thank you, Mr. Chair- school growth by limiting a Governor’s cause I do think that, rather than ex- man. ability to support these institutions. panding opportunities for these 420,000 I encourage my colleagues to support At the core of this bill is our desire charter school students, it is going to my amendment to H.R. 2218, which to see more quality charter schools really put them all under the purview would strike a provision that allows available for more students. More of some ideology of some Governor, Governors to apply and receive direct choice, more opportunity. Less ‘‘Wait- Democrat, Republican, independent, grants from the Federal Government ing for Superman.’’ And so I oppose whatever. They are going to be sub- and preempts State education agencies this amendment because it works in sumed by ideology instead of under the from their oversight and operational opposition to what the underlying bill purview of a publicly elected State responsibilities. Let me say before I de- is trying to do and what we’re trying to public instruction superintendent. fend this amendment that I think that do—and that’s give the States more op- I yield back the balance of my time. H.R. 2218 makes very critical changes portunities to create and replicate Mr. KLINE. Mr. Chairman, again, I to the charter school program that are more quality charter schools. long overdue, and it moves in the right rise in opposition to this amendment. I direction in terms of being more inclu- b 1520 believe that the underlying legislation, sive of students, including groups that Mr. GEORGE MILLER of California. as Ranking Member MILLER alluded to, have typically had limited access to Will the gentleman yield? has language in it that strongly en- charters such as students with disabil- Mr. KLINE. I yield to the gentleman courages, at the very least, Governors ities and English language learners. I from California. to work with their SEAs. But I would believe that my amendment will secure Mr. GEORGE MILLER of California. underscore the point that States are and protect these improvements and I know Ms. MOORE has reserved her different. Some States are set up with expansions of charter school programs. time so she can respond to this, but I different relationships between the dif- I really question the wisdom of put- just want to say I think we tried to ferent elected officers. They’re not all ting Governors’ offices in the business work this out in this legislation in the elected the same way they are maybe of overseeing charter programs and im- fashion that if a Governor makes appli- in Wisconsin or something. Our under- plementing these extremely complex cation, he must do this in conjunction lying purpose here is to expand access programs. We do know that Governors’ with the SEA. And the idea that the to quality charter schools, and I be- offices do not have the infrastructure, Governor would do this on his own, or lieve this amendment gets in the way expertise, or staff to do the job—a job whatever, we forced that working to- of that. which includes close monitoring of gether simply because, as you point So I oppose the amendment, and I schools, holding authorities account- out, most Governors’ offices would not yield back the balance of my time.

VerDate Mar 15 2010 03:55 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.068 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE H6002 CONGRESSIONAL RECORD — HOUSE September 8, 2011 The CHAIR. The question is on the Now, I’m disappointed that the bill own does have the potential to help amendment offered by the gentle- we are considering today reauthorizes drive scale of green technology without woman from Wisconsin (Ms. MOORE). only charter school programs. We compromising educational outcomes. The amendment was rejected. should be considering full reauthoriza- Again, I think this is an appropriate AMENDMENT NO. 7 OFFERED BY MR. HOLT tion of the Elementary and Secondary addition to the bill and will hopefully The CHAIR. It is now in order to con- Education Act. We should be consid- lead to improvements of energy effi- sider amendment No. 7 printed in part ering a public school construction bill. ciency in charter schools across the A of House Report 112–200. Assisting local school districts with country. Mr. HOLT. Mr. Chairman, I have an school construction and modernization I thank the gentleman for yielding. amendment at the desk. would help rebuild and upgrade local b 1530 The CHAIR. The Clerk will designate schools and create jobs. Mr. KLINE. Mr. Chairman, I claim the amendment. But I do want to see this amendment The text of the amendment is as fol- time in opposition to this amendment. included in the bill. It will help schools The CHAIR. The gentleman from lows: all across America. It will save energy; Page 33, after line 19, insert the following: Minnesota is recognized for 5 minutes. it will create jobs; it will improve edu- Mr. KLINE. The underlying bill ‘‘(6) PRIORITY.—In awarding grants under cation. this subsection, the Secretary is encouraged maintains and strengthens Federal to give priority to States that encourage I urge its passage. support to assist charter schools in ac- green school building practices and certifi- Mr. GEORGE MILLER of California. cessing credit for facilities construc- cation.’’. Will the gentleman yield? tion, as it has in the past and will in Mr. HOLT. Mr. Chairman, may I in- The CHAIR. Pursuant to House Reso- this, but it doesn’t get into the details quire of the time remaining, please. lution 392, the gentleman from New of school construction. It doesn’t take The CHAIR. The gentleman from Jersey (Mr. HOLT) and a Member op- another step towards getting the Fed- New Jersey has 2 minutes remaining. posed each will control 5 minutes. eral Government involved in school Mr. HOLT. I yield 30 seconds to the The Chair recognizes the gentleman construction. gentleman from California. from New Jersey. I understand there’s a great excite- Mr. GEORGE MILLER of California. Mr. HOLT. I thank Chairman KLINE, ment in some areas about putting I rise in support of this amendment. I Ranking Member MILLER, and their green in any construction, or in any- think it is very important for all the staffs for their work to produce this re- thing for that matter. If it’s green, ap- reasons the gentleman from New Jer- authorization bill that makes a good parently it’s better. deal of progress from the existing law. sey cited. This amendment, I’m afraid, will ac- I share many of the concerns of our In terms of the savings, we are seeing tually weaken efforts at the State level colleagues who want to see even more more and more schools taking eco- to fund school construction. It will dra- improvement in the accountability, eq- nomic liabilities, if you will, such as matically increase the cost of building uity and transparency of charter parking lots and vacant land around elementary and secondary charter schools as we continue to move the bill the school, turning them into economic schools. Where there’s already limited forward. assets, and saving the kind of money— funds available, some States, school I have a simple amendment today in it has been recorded now for a number districts, and charter schools will be this bill that reauthorizes the Charter of years the money that is actually forced to use union workers to con- School Program. My amendment en- saved in these design practices in the struct public charter schools and to courages the Secretary of Education to schools that free up those resources for comply with this need for green award a priority for green school build- other educational purposes. schools. ing practices to ensure that any Fed- I want to thank the gentleman for of- Instead of imposing new burdens on eral investment in charter school fa- fering the amendment. charter schools, we should support cilities would improve the energy effi- Mr. HOLT. Mr. Chairman, I yield 1 State and local efforts to raise student ciency and environmental advantages minute to the gentleman from Colo- academic achievement, stay out of the of those schools. rado (Mr. POLIS). school construction business. This Mr. POLIS. I think the gentleman Energy bills are the second highest amendment is not an appropriate role from New Jersey has, as he put it, good operating expenditure for schools after for the Federal Government. I urge op- language that should not only be in- personnel costs. So we must do all we position to the amendment. can to help schools implement green cluded in this bill, but I think in other I reserve the balance of my time. building practices and reduce their en- relevant construction bills as well. Mr. HOLT. Mr. Chairman, I think the ergy costs. My amendment will help Very simply, it encourages the Sec- chairman of the committee reads too ensure that schools spend educational retary to give priority to States that much into this amendment. It says, in resources on educating students rather encourage green building practices and awarding grants, the Secretary is en- than heating and cooling inefficient certification. Again, that could be as couraged to give priority to States buildings. simple as a State making sure that that encourage green building prac- According to the Environmental Pro- those options are available. Other tices and certification. In other words, tection Agency, 30 percent of energy States have tax credits or other meth- if it certifiably will save energy and consumed in buildings is used unneces- ods of incentivizing green school devel- thereby save the school district money, sarily or inefficiently. By using green opment. it should be encouraged. What in the building techniques to eliminate areas When we are talking about our na- world could be wrong with that? where energy is used unwisely and is tional energy policy, we are talking I would urge my chair to reconsider wasted, a school’s operating costs can about how frustrated our constituents after he has read this amendment and be reduced significantly. A dollar wast- are with gas prices; we’re talking about support us in the passage of this ed on inefficient heating is lost forever. our national security as a Nation and amendment. A dollar invested in a child will pay our energy security. I think that for I yield back the balance of my time. dividends forever. this Congress to ensure that in every The CHAIR. The question is on the The U.S. Green Building Council sup- bill, large and small, we encourage— amendment offered by the gentleman ports this amendment and in a letter again, without any mandate to school from New Jersey (Mr. HOLT). to me they wrote: ‘‘On average, green districts, without any requirement, but The question was taken; and the schools save $100,000 per year—enough encourage the Secretary to give pri- Chair announced that the ayes ap- to hire two new teachers, buy 200 new ority to States that have at least some peared to have it. computers, or purchase 5,000 new text- system for encouraging green school Mr. KLINE. Mr. Chairman, I demand books.’’ They go on to note that green building development, I think this is a a recorded vote. schools don’t cost more, but in fact can good thing to start right here in a The CHAIR. Pursuant to clause 6 of be built at or below regional cost and small way, in a bill that certainly rule XVIII, further proceedings on the operated within existing facilities’ won’t on its own turn around the en- amendment offered by the gentleman budgets and save money. ergy future of our country, but on its from New Jersey will be postponed.

VerDate Mar 15 2010 03:50 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.072 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE September 8, 2011 CONGRESSIONAL RECORD — HOUSE H6003 AMENDMENT NO. 8 OFFERED BY MR. KING OF go on, then we’ll have high quality why we have the charter school move- IOWA charter schools that will have to meet ment. That’s why we have account- The CHAIR. It is now in order to con- four standards, those four standards of ability now that we never had before. sider amendment No. 8 printed in part minorities and disabilities, economi- That’s why this amendment is opposed A of House Report 112–200. cally disadvantaged, and limited by so many people who are involved in Mr. KING of Iowa. Mr. Chairman, I English proficiencies. the promotion of the educational op- have an amendment at the desk. For example, an inner city school portunities for these populations: the The CHAIR. The Clerk will designate that might have all African American National Alliance for Public Charter the amendment. students with no limited English pro- Schools, the Center for American The text of the amendment is as fol- ficiencies might qualify on the other Progress, the Children’s Defense Fund, lows: three categories but be disqualified be- and many others on the list that I Page 36, line 22, insert ‘‘and’’ after the cause they must meet all four. That’s would ask to be put into the RECORD. semicolon. the purpose of my amendment. I urge The National Counsel of La Raza, the Page 37, line 2, strike ‘‘; and’’ and insert a its adoption. National Disability Rights Network. period. I reserve the balance of my time. LIST OF GROUPS AGAINST KING AMENDMENT Page 37, beginning on line 3, strike sub- Mr. GEORGE MILLER of California. paragraph (D). The National Alliance for Public Charter Mr. Chairman, I claim the time in op- Schools; 50CAN; Center for American The CHAIR. Pursuant to House Reso- position to the amendment. Progress; Children’s Defense Fund; Demo- lution 392, the gentleman from Iowa The CHAIR. The gentleman is recog- crats for Education Reform; Education (Mr. KING) and a Member opposed each nized for 5 minutes. Equality Project; KIPP; Massachusetts Char- will control 5 minutes. Mr. GEORGE MILLER of California. ter Public School Association; National The Chair recognizes the gentleman Mr. Chairman, I rise in opposition to Counsel of LaRaza; National Disability Rights Network; NewSchools Venture Fund; from Iowa. the amendment offered by Mr. KING of Council for Exceptional Children; National Mr. KING of Iowa. Thank you, Mr. Iowa. Chairman. The gentleman from Iowa is Center for Learning Disabilities; Easter We should be very clear about this Seals Leadership Conference on Civil Rights. happy to be recognized. amendment, what it would do and why Addressing this issue, in particular it would be incredibly detrimental to NATIONAL ALLIANCE FOR it’s this: that the intent of this bill is our students, our schools, and to our PUBLIC CHARTER SCHOOLS, a good intent, and I support it, pro- country. Washington, DC, September 8, 2011. viding an extra incentive for high qual- In this bill, we require the perform- DEAR MEMBERS OF CONGRESS: On behalf of ity charter schools. It rewards those ance of poor and minority students and nearly 2 million children attending more than 5,000 public charter schools across the high quality charter schools with an students with disabilities to be consid- opportunity to receive grants that are country, we applaud you on your successful ered when measuring the success of efforts to bring H.R. 2218, Empowering Par- rewards for that excellence that’s charter schools. That’s as we chose to ents through Quality Charter Schools Act, to there, and I certainly support the ini- do when we passed No Child Left Be- the House Floor for a vote. This legislation tiative and the philosophy behind that. hind, not a perfect education act by will improve the core federal charter school It also identifies high quality charter any means. But a very important com- programs that are imperative in helping schools as those that have achieved ponent was the disaggregation of the charter schools overcome state and local in- strong academic results, student safe- data so that the parents of each and equities as they work to provide more fami- ty, financial management, statutory lies with high-quality public school options. every one of those children, so the We urge you to reject the amendment of- and regulatory compliance, and has community leaders representing each fered by Representative Steve King (R–IA). demonstrated significantly increasing and every one of those children would Rep. King’s amendment would strike a key student academic achievement for all know how those children were doing. provision that defines a high-quality charter students. And I emphasize ‘‘all stu- We used to have the day when we school as one that is showing achievement dents.’’ asked how these students are doing, gains for students from historically dis- But when I read the bill, then it says, how this school is doing and all we got advantaged groups, including low-income also has demonstrated success in in- were the averages, and everybody said, and minority students, students with disabil- creasing student academic achieve- ities, and students who are non-native oh, it’s better. The fact of the matter is English speakers. As you well know, dem- ment for the subgroups of students de- this is to assure that we understand onstrating student achievement for all chil- scribed in, and that’s where a lot of how those children who have access to dren is imperative for a successful account- people stop reading the bill. But when these schools, how, in fact, they’re in- ability system and one that we fully support. you go back and look at the reference, dividually doing. Thank you for your consideration of this it sets it up so that it requires not just These are Title I public schools. They important matter. that the schools be open and available happen to be charter schools. And the Sincerely, to students that meet these categories, point of that is to make sure that poor The National Alliance for Public Charter four categories, Mr. Chairman—eco- Schools, 50CAN, Center for American and minority children, English learn- Progress, Children’s Defense Fund, nomic disadvantaged students, stu- ers, students with disabilities have the Democrats for Education Reform, Edu- dents from major racial and ethnic full access to an appropriate education. cation Equality Project, KIPP, Massa- groups, students with disabilities, and And to go back to a time when we start chusetts Charter Public School Asso- students with limited English pro- to hide those results or we don’t hold ciation, National Council of LaRaza, ficiency—but, in fact, the language of schools accountable for that is to rip National Disability Rights Network, the bill requires that all four cat- away the fabric of accountability that NewSchools Venture Fund, Texas Char- egories must be met in order to qualify parents and communities and tax- ter School Association, Wyoming Asso- ciation of Public Charter Schools. for these grants. payers are asking for from those I know there’s misinformation out schools. COUNCIL FOR EXCEPTIONAL CHILDREN, there, but this language has been some- The idea that you would be held ac- Arlington, VA, September 7, 2011. thing we have drilled through now for countable for English learners if you Re: Oppose Amendment #9 to H.R. 2218: Em- days. had no English learners in your school powering Parents through Quality Char- What my amendment does is strike is simply hokum. It just isn’t what the ter Schools Act that requirement that they meet all law says. DEAR MEMBER OF CONGRESS: On behalf of four categories. They will have to show This would be an absolute disservice the Council for Exceptional Children (CEC), academic achievement for all students, to parents, to the students, and to our whose members serve over 10 million chil- and that’s what I hope to achieve with communities. It takes us back to the dren and youth with disabilities and/or gifts this amendment. We go back to all stu- time prior to No Child Left Behind and talents as teachers, administrators, par- ents, and researchers, I urge you to vote dents, which automatically includes when schools would participate in hid- against amendment #9 to H.R. 2218, the Em- the redundant list that is, I think, un- ing their failures and champion what powering Parents through Quality Charter necessarily in the bill. And the result they were trying to present to the com- Schools Act offered by Congressman King will be, if the King amendment doesn’t munity as their successes, and that’s (IA). This misguided amendment would

VerDate Mar 15 2010 03:50 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.075 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE H6004 CONGRESSIONAL RECORD — HOUSE September 8, 2011 weaken protections for students with disabil- This bill and its focus on all students rep- children and adults with disabilities to live, ities in charter schools, and severely under- resents a critical first step to improving the learn, work and play in their communities. mine the bill, which CEC supported and quality of instruction and educational expe- Thank you for considering our views. which passed out of the Education and the riences provided in charter schools. Chair- Sincerely, Workforce Committee on a bi-partisan vote. man Kline and Ranking Member Miller de- KATY BEH NEAS, CEC and its members have long been con- serve credit for crafting a bipartisan bill Senior Vice President, Government Relations. cerned by reports that demonstrate both a that will help both charter schools and the With that, I would like to yield 1 lack of access for students with disabilities students with disabilities which they serve. to charter schools and a lack of oversight to The King amendment reverses this course minute to the gentleman from Min- ensure that students with disabilities in and we urge you to oppose the amendment. nesota (Mr. KLINE), the chairman of charter schools are appropriately served and Sincerely, the committee. receive all of their rights under the Individ- JAMES H. WENDORF, Mr. KLINE. I thank the gentleman uals with Disabilities Education Act (IDEA). Executive Director. for yielding. Several provisions within H.R. 2218 support I reluctantly rise in opposition to the increased access, service and accountability, NATIONAL DISABILITY gentleman from Iowa’s amendment. thereby addressing many of the existing RIGHTS NETWORK, That’s an unusual place for me to be on issues for students with disabilities in char- Washington, DC, September 8, 2011. ter schools. Key to addressing these issues, DEAR REPRESENTATIVES: On behalf of pro- the floor of this House, but I believe however, is a provision within H.R. 2218 tection and advocacy agencies that represent that the gentleman from California has which defines a High Quality Charter School students with disabilities and their families, correctly outlined the problem. as one that has demonstrated success in in- we thank you for your work to bring the One of the strengths of an otherwise creasing academic achievement for all stu- ‘‘Empowering Parents through Quality Char- pretty seriously flawed law in No Child dents, and specifically students with disabil- ter Schools Act’’ (H.R. 2218) to a floor vote. Left Behind was the disaggregation of ities. Congressman King’s amendment would The National Disability Rights Network data. It was allowing parents and, in remove this important requirement and (NDRN) is the national membership associa- lower the standard. Specifically, it would tion for the 57 Protection & Advocacy (P&A) this case, authorizers and Governors strike language that requires charter schools agencies that advocate on behalf of persons and school boards to look in and make to have a record of success in working with with disabilities in every state, the District sure that there was no element in a student subgroups (i.e. students with disabil- of Columbia, and U.S. territories. For over 30 school body that was being left behind. ities, students from low-income back- years, the P&A agencies have been mandated It is important, since we’re trying to grounds, English language learners) to re- by Congress to protect and enhance the civil replicate high quality schools, that ceive federal dollars. Striking this important rights of individuals with disabilities of any that information be available. I’m language would weaken protections added in age and in any setting. A central part of the direct response to reports of inequities in work of the P&As has been to advocate for afraid the gentleman from Iowa’s charter schools. If included, CEC would no opportunities for students with disabilities amendment would, in fact, end up longer support this legislation. to receive a quality education with their masking that information and depriv- Provisions for students with disabilities in peers. ing those who need to make decisions H.R. 2218 have bi-partisan support and rep- NDRN believes that H.R. 2218 improves for of the kind of information they need in resent a step forward for education policy in students with disabilities the current char- order to make sure that we’re repli- our nation by acknowledging that charter ter school program, but we urge you to re- cating high quality charter schools. schools must include and appropriately serve ject the amendment offered by Representa- students with disabilities. CEC supports the tive King (R–IA). The amendment strikes a b 1540 passage of H.R. 2218, as it passed out of the critical provision included in the definition Mr. GEORGE MILLER of California. Education and the Workforce Committee, of a high-quality charter school. A successful and, therefore, urges you to vote against accountability system is imperative to en- I yield the balance of my time to the Amendment #9 by Congressman King (IA). sure that charter schools are meeting the gentleman from Virginia (Mr. SCOTT). This misguided amendment will only weaken needs of students with disabilities, and the The CHAIR. The gentleman is recog- this bill and allow inequities for students amendment will remove the provision that nized for 11⁄2 minutes. with disabilities to continue. requires high quality charter schools to dem- Mr. SCOTT of Virginia. Mr. Chair- Please do not hesitate to contact me with onstrate their success in increasing student man, I rise in opposition to the amend- any questions. academic achievement for underserved ment offered by the gentleman from Sincerely, groups of students, including students with Iowa. DEBORAH A. ZIEGLER, disabilities. Associate Executive Thank you for considering our views. If The purpose of No Child Left Behind Director, Policy and you have any questions, please do not hesi- was to ensure that all children are pro- Advocacy Services, tate to contact Cindy Smith, Public Policy vided a quality education regardless of Council for Excep- Counsel at [email protected] or 202–408– race, ethnicity, income, language, sta- tional Children. 9514 ext 101. tus, or disability. Although the origi- Sincerely, nal legislation was not perfect and NATIONAL CENTER FOR CURT DECKER, J.D., needs improvement, it has helped shed LEARNING DISABILITIES Executive Director. Washington, DC, September 8, 2011. light on achievement gaps facing cer- DEAR REPRESENTATIVE: The National Cen- EASTER SEALS, tain groups of children who are in fact ter for Learning Disabilities urges you to op- OFFICE OF PUBLIC AFFAIRS, being left behind by the current sys- pose the King amendment to H.R. 2218, the Washington, DC, September 8, 2011. tem. We are aware of this deficiency in Empowering Parents through Quality Char- DEAR REPRESENTATIVE: Today, you will its enormity because we collect data by ter Schools Act. This amendment would roll have the opportunity to vote on H.R. 2218, subgroups, and we can begin to fix the back an important and much needed provi- Empowering Parents through Quality Char- sion focused on the achievement of students problem through educational reform. ter Schools Act. Easter Seals urges you to Now, this bill we’re debating today is with disabilities and other at-risk popu- vote in favor of this legislation that seeks to lations. improve the federal charter school program limited to charter schools. H.R. 2218 in- H.R. 2218 makes a number of improvements and make charter schools more available to cludes a definition of high quality in how charter schools will enroll, serve, and students with disabilities. charter schools as a school that has be held accountable for the achievement of We urge you to oppose the amendment of- demonstrated success in increasing all students, including students with disabil- fered by Representative Steve King (R–IA) to student achievement for subgroup stu- ities. Unfortunately, the King amendment H.R. 2218. Our experience is that students dents described in ESEA, namely eco- would reverse one of these significant im- who have their academic progress measured provements by striking the focus on achieve- and reported get taught. Mr. King’s amend- nomically disadvantaged students, stu- ment of students with disabilities, English ment strips away key policies within the El- dents of racial and ethnic minorities, language learners, and other at-risk popu- ementary and Secondary Education Act that students with disabilities, and students lations from the definition of a high quality require the disaggregation of data of student with limited English proficiency. charter school. Rather than embracing the progress by student subgroup. Currently stu- Unfortunately, this amendment bill’s emphasis on improving educational ex- dents with disabilities are a subgroup for would strip away the efforts to identify periences for all students, the amendment al- which disaggregated data is required. Easter the students who are not performing ters this critical improvement made to en- Seals strongly believes that such data is es- and will cover up the fact that some sure high quality charter schools are focus- sential for students with disabilities to have ing on every enrolled student, including opportunities to achieve academic success. groups of students are in fact being left those with disabilities and other at-risk pop- For nearly 100 years, Easter Seals has been behind. Any school that is leaving ulations. advocating for public policies that allow groups of students behind should not be

VerDate Mar 15 2010 04:39 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A08SE7.037 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE September 8, 2011 CONGRESSIONAL RECORD — HOUSE H6005 considered high quality. I think we with disabilities in order to qualify as not be allowed. Members may reserve really ought to be collecting this data a high school, and a high-academic their seats only by physical presence for all of the schools, not just those achieving school, high-quality charter following the security sweep of the trying to achieve high quality, but we school? Chamber. need to hold all schools accountable for And the fourth one is students with Pursuant to clause 12(a) of rule I, the the success of all students. This limited proficiency. That doesn’t exist Chair declares the House in recess until amendment goes in the opposite direc- in every region in America where there approximately 6:35 p.m. for the purpose tion, and therefore ought to be de- is a need for a charter school. of receiving in joint session the Presi- feated. This sets up a requirement that all dent of the United States. Mr. KING of Iowa. I yield myself such four categories be met. If we wanted re- Accordingly (at 3 o’clock and 47 min- time as I may consume. porting, as the chairman of the com- utes p.m.), the House stood in recess First, I appreciate the tone and the mittee has suggested, I would say then until approximately 6:35 p.m. let’s ask for a report rather than write tenor of this debate, and I’m com- f pletely convinced that all parties in- this all in as a requirement that can’t volved here want to accomplish the be met because there only can be two b 1843 results of this. Either we’re going to same thing, and that is to provide an JOINT SESSION OF CONGRESS follow the law, if it becomes law, in opportunity for all young people in PURSUANT TO HOUSE CONCUR- which case many, many schools will be America to achieve to the extent of RENT RESOLUTION 74 TO RE- disenfranchised, will not be able to be- their ability. That’s the purpose of this CEIVE A MESSAGE FROM THE come high-quality charter schools, or legislation that’s before us, high qual- PRESIDENT ity charter schools, and it’s the intent we’re going to ignore the law. I don’t of Mr. MILLER and Mr. SCOTT and Mr. like either of those results. The recess having expired, the House KLINE and everyone else that likely I want to follow in here with the in- was called to order by the Speaker at 6 will vote for this bill. It’s also my in- tent of this legislation. That’s why I’ve o’clock and 43 minutes p.m. tent. offered this amendment. I would urge The Deputy Sergeant at Arms, Mrs. I strongly want to see people reach its adoption. Kerri Hanley, announced the Vice the highest level of their achievement. I yield back the balance of my time. President and Members of the U.S. We need to be in the business in this The CHAIR. The question is on the Senate, who entered the Hall of the Congress and aware of it on a daily amendment offered by the gentleman House of Representatives, the Vice basis of seeking to increase the average from Iowa (Mr. KING). President taking the chair at the right annual productivity of our people. We The question was taken; and the of the Speaker, and the Members of the can do that one at a time, every three- Chair announced that the noes ap- Senate the seats reserved for them. hundred-and-six millionth of us. Every peared to have it. The SPEAKER. The joint session will Mr. KING of Iowa. Mr. Chairman, I one of us that increases our produc- come to order. demand a recorded vote. The Chair appoints as members of tivity on a daily basis helps the whole. The CHAIR. Pursuant to clause 6 of Every class, every generation of peo- the committee on the part of the House rule XVIII, further proceedings on the to escort the President of the United ple that improves their productivity is amendment offered by the gentleman good for all of us. It takes the load off States into the Chamber: from Iowa will be postponed. The gentleman from Virginia (Mr. of the higher earners to have the in- Mr. KLINE. Mr. Chairman, I move come coming on the lower earners, for CANTOR); that the Committee do now rise. The gentleman from California (Mr. example. It brings that balance about. The motion was agreed to. I want that. I think that’s the intent of Accordingly, the Committee rose; MCCARTHY); this bill. and the Speaker pro tempore (Mr. The gentleman from Texas (Mr. HEN- SARLING); When the gentleman from California CHAFFETZ) having assumed the chair, The gentleman from Texas (Mr. SES- says it’s not what the law says, that I Mr. WOMACK, Chair of the Committee have somehow misunderstood this, I of the Whole House on the state of the SIONS); will tell you that I think it has been Union, reported that that Committee, The gentleman from Georgia (Mr. misrepresented by some analysts be- having had under consideration the bill PRICE); hind the scenes—not on this floor—and (H.R. 2218) to amend the charter school The gentlewoman from Washington I will just read this into the record in program under the Elementary and (Mrs. MCMORRIS RODGERS); short version. I will compress it and Secondary Education Act of 1965, had The gentleman from Texas (Mr. CAR- then I will give you the quote. come to no resolution thereon. TER); High-quality charter schools means a The gentlewoman from California f charter school that, A, shows strong (Ms. PELOSI); academic results; B, that has no sig- ANNOUNCEMENT BY THE SPEAKER The gentleman from Maryland (Mr. nificant issues in the areas of student PRO TEMPORE HOYER); safety, financial management, statu- The SPEAKER pro tempore. After The gentleman from South Carolina tory, regulatory compliance; C, has consultation among the Speaker and (Mr. CLYBURN); demonstrated success in significantly the majority and minority leaders, and The gentleman from Connecticut increasing student and academic with their consent, the Chair an- (Mr. LARSON); achievement and attainment for all nounces that, when the two Houses The gentleman from California (Mr. students served by charter schools. I meet in joint meeting to hear an ad- BECERRA); want that. We want that. dress by the President of the United The gentleman from Maryland (Mr. But D says, has demonstrated success States, only the doors immediately op- VAN HOLLEN); and in increasing student academic posite the Speaker and those imme- The gentlewoman from New York achievement for subgroups of students diately to his left and right will be (Ms. HOCHUL). described, and they are this: economi- open. The VICE PRESIDENT. The Presi- cally disadvantaged students. Now, No one will be allowed on the floor of dent of the Senate, at the direction of that’s fine. Most kids are going to be the House who does not have the privi- that body, appoints the following Sen- economically disadvantaged. Some stu- lege of the floor of the House. Due to ators as members of the committee on dents from racial and ethnic groups, the large attendance that is antici- the part of the Senate to escort the that may not be the case. North Da- pated, the rule regarding the privilege President of the United States into the kota or Montana, for example, might of the floor must be strictly enforced. House Chamber: have to go a long way to find someone Children of Members will not be per- The Senator from Nevada (Mr. REID); who meets that category. mitted on the floor. The cooperation of The Senator from Illinois (Mr. DUR- Students with disabilities? Perhaps, all Members is requested. BIN); but not always. Are we going to ask The practice of reserving seats prior The Senator from New York (Mr. them to go out and recruit students to the joint meeting by placard will SCHUMER);

VerDate Mar 15 2010 03:50 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.078 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE H6006 CONGRESSIONAL RECORD — HOUSE September 8, 2011 The Senator from Washington (Mrs. pany, that loyalty would be rewarded House Republicans have proposed the MURRAY); with a decent salary and good benefits; same payroll tax cut that’s in this The Senator from Michigan (Ms. STA- maybe a raise once in a while. If you plan. You should pass it right away. BENOW); did the right thing, you could make it, Pass this jobs bill, and we can put The Senator from Alaska (Mr. anybody could make it in America. people to work rebuilding America. Ev- BEGICH); But for decades now, Americans have eryone here knows that we have badly The Senator from Kentucky (Mr. watched that compact erode. They decaying roads and bridges all over this MCCONNELL); have seen the deck too often stacked country. Our highways are clogged The Senator from Arizona (Mr. KYL); against them. And they know that with traffic. Our skies are the most The Senator from Tennessee (Mr. Washington has not always put their congested in the world. It’s an outrage. ALEXANDER); interests first. Building a world-class transportation The Senator from Wyoming (Mr. The people of this country work hard system is part of what made us an eco- BARRASSO); to meet their responsibilities. The nomic superpower. And now we’re The Senator from South Dakota (Mr. question tonight is whether we’ll meet going to sit back and watch China THUNE); and ours. The question is whether, in the build newer airports and faster rail- The Senator from Texas (Mr. COR- face of an ongoing national crisis, we roads? At a time when millions of un- NYN). can stop the political circus and actu- employed construction workers could The Deputy Sergeant at Arms an- ally do something to help the economy; build them right here in America? nounced the Dean of the Diplomatic whether we can restore some of the There are private construction com- Corps, His Excellency Roble Olhaye, fairness and security that has defined panies all across America just waiting Ambassador from the Republic of this Nation since our beginning. to get to work. There’s a bridge that Djibouti. Those of us here tonight can’t solve needs repair between Ohio and Ken- The Dean of the Diplomatic Corps en- all of our Nation’s woes. Ultimately, tucky that’s on one of the busiest tered the Hall of the House of Rep- our recovery will be driven not by trucking routes in North America. resentatives and took the seat reserved Washington, but by our businesses and There’s a public transit project in for him. our workers. But we can help. We can Houston that will help clear up one of The Deputy Sergeant at Arms an- make a difference. There are steps we the worst areas of traffic in the coun- nounced the Cabinet of the President of can take right now to improve people’s try. And there are schools throughout the United States. lives. this country that desperately need ren- The members of the Cabinet of the I am sending this Congress a plan ovating. How can we expect our kids to President of the United States entered that you should pass right away. It’s do their best in places that are lit- the Hall of the House of Representa- called the American Jobs Act. There erally falling apart? This is America. tives and took the seats reserved for should be nothing controversial about Every child deserves a great school— them in front of the Speaker’s rostrum. this piece of legislation. Everything in and we can give it to them, if we act At 7o’clock and 5 minutes p.m., the here is the kind of proposal that’s been now. Sergeant at Arms, the Honorable Wil- supported by both Democrats and Re- The American Jobs Act will repair son Livingood, announced the Presi- publicans—including many who sit and modernize at least 35,000 schools. It dent of the United States. here tonight. And everything in this will put people to work right now fix- The President of the United States, bill will be paid for. Everything. ing roofs and windows; installing escorted by the committee of Senators The purpose of the American Jobs science labs and high-speed Internet in and Representatives, entered the Hall Act is simple: to put more people back classrooms all across this country. It of the House of Representatives and to work and more money in the pock- will rehabilitate homes and businesses stood at the Clerk’s desk. ets of those who are working. It will in communities hid hardest by fore- (Applause, the Members rising.) create more jobs for construction closures. It will jump-start thousands The SPEAKER. Members of the Con- workers, more jobs for teachers, more of transportation projects all across gress, I have the high privilege and the jobs for veterans, and more jobs for the the country. And to make sure the distinct honor of presenting to you the long-term unemployed. It will provide money is properly spent, we’re building President of the United States. a tax break for companies who hire on reforms we’ve already put in place. (Applause, the Members rising.) new workers, and it will cut payroll No more earmarks. No more boon- The PRESIDENT. Mr. Speaker, Mr. taxes in half for every working Amer- doggles. No more bridges to nowhere. Vice President, Members of Congress, ican and every small business. It will We’re cutting the red tape that pre- and fellow Americans: provide a jolt to an economy that has vents some of these projects from get- Tonight we meet at an urgent time stalled, and give companies confidence ting started as quickly as possible. And for our country. We continue to face an that if they invest and hire, there will we’ll set up an independent fund to at- economic crisis that has left millions be customers for their products and tract private dollars and issue loans of our neighbors jobless, and a political services. You should pass this jobs plan based on two criteria: how badly a con- crisis that has made things worse. right away. struction project is needed and how This past week, reporters have been Everyone here knows that small much good it will do for the economy. asking, What will this speech mean for businesses are where most new jobs This idea came from a bill written by the President? What will it mean for begin. And you know that while cor- a Texas Republican and a Massachu- Congress? How will it affect their polls, porate profits have come roaring back, setts Democrat. The idea for a big and the next election? smaller companies haven’t. So for ev- boost in construction is supported by But the millions of Americans who eryone who speaks so passionately America’s largest business organiza- are watching right now don’t care about making life easier for ‘‘job cre- tion and America’s largest labor orga- about politics. They have real-life con- ators,’’ this plan’s for you. nization. It’s the kind of proposal cerns. Many have spent months look- Pass this jobs bill, and starting to- that’s been supported in the past by ing for work. Others are doing their morrow, small businesses will get a tax Democrats and Republicans alike. You best just to scrape by—giving up nights cut if they hire new workers or if they should pass it right away. out with the family to save on gas or raise workers’ wages. Pass this jobs Pass this jobs bill, and thousands of make the mortgage, postponing retire- bill, and all small business owners will teachers in every State will go back to ment to send a kid to college. also see their payroll taxes cut in half work. These are the men and women These men and women grew up with next year. If you have 50 employees charged with preparing our children for faith in an America where hard work making an average salary, that’s an a world where the competition has and responsibility paid off. They be- $80,000 tax cut. And all businesses will never been tougher. But while they’re lieved in a country where everyone be able to continue writing off the in- adding teachers in places like South gets a fair shake and does their fair vestments they make in 2012. Korea, we’re laying them off in droves. share—where if you stepped up, did It’s not just Democrats who have It’s unfair to our kids. It undermines your job, and were loyal to your com- supported this kind of proposal. Fifty their future and ours. And it has to

VerDate Mar 15 2010 03:50 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.080 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE September 8, 2011 CONGRESSIONAL RECORD — HOUSE H6007 stop. Pass this bill, and put our teach- an additional $1.5 trillion in savings by plan in the process, but in order to do ers back in the classroom where they Christmas. Tonight, I am asking you to this, we have to decide what our prior- belong. increase that amount so that it covers ities are. We have to ask ourselves, Pass this jobs bill, and companies the full cost of the American Jobs Act; What’s the best way to grow the econ- will get extra tax credits if they hire and a week from Monday, I’ll be releas- omy and create jobs? America’s veterans. We ask these men ing a more ambitious deficit plan, a Should we keep tax loopholes for oil and women to leave their careers, leave plan that will not only cover the cost companies or should we use that their families, and risk their lives to of this jobs bill but stabilize our debt money to give small business owners a fight for our country. The last thing in the long run. tax credit when they hire new workers? they should have to do is fight for a job This approach is basically the one Because we can’t afford to do both. when they come home. I’ve been advocating for months. In ad- Should we keep tax breaks for mil- Pass this bill, and hundreds of thou- dition to the trillion dollars of spend- lionaires and billionaires or should we sands of disadvantaged young people ing cuts I’ve already signed into law, it put teachers back to work so our kids will have the hope and the dignity of a is a balanced plan that would reduce can graduate, ready for college and summer job next year; and their par- the deficit by making additional spend- good jobs? Right now, we can’t afford ents, low-income Americans who des- ing cuts, by making modest adjust- to do both. perately want to work, will have more ments to health care programs like This isn’t political grandstanding. ladders out of poverty. Medicare and Medicaid, and by reform- This isn’t class warfare. This is simple Pass this jobs bill, and companies ing our Tax Code in a way that asks math. These are real choices. These are will get a $4,000 tax credit if they hire the wealthiest Americans and biggest real choices that we’ve got to make, anyone who has spent more than 6 corporations to pay their fair share. and I’m pretty sure I know what most months looking for a job. What’s more, the spending cuts Americans would choose—it’s not even We have to do more to help the long- wouldn’t happen so abruptly that close—and it’s time for us to do what’s term unemployed in their search for they’d be a drag on our economy or right for our future. work. This jobs plan builds on a pro- prevent us from helping small busi- The American Jobs Act answers the gram in Georgia that several Repub- nesses and middle class families get urgent need to create jobs right away, lican leaders have highlighted, where back on their feet right away. but we can’t stop there. As I’ve argued people who collect unemployment in- Now, I realize there are some in our since I ran for this office, we have to surance participate in temporary work party who don’t think we should make look beyond the immediate crisis and as a way of building their skills while any changes at all to Medicare and start building an economy that lasts they look for a permanent job. The Medicaid, and I understand their con- into the future—an economy that cre- plan also extends unemployment insur- cerns, but here is the truth: millions of ates good, middle class jobs that pay ance for another year. If the millions of Americans rely on Medicare in their well and offer security. We now live in retirement, and millions more will do unemployed Americans stopped getting a world where technology has made it so in the future. They pay for this ben- this insurance and stopped using that possible for companies to take their efit during their working years. They money for basic necessities, it would be business anywhere. If we want them to earn it. But with an aging population a devastating blow to this economy. start here and stay here and hire here, and rising health care costs, we are Democrats and Republicans in this we have to be able to out-build and spending too fast to sustain the pro- Chamber have supported unemploy- out-educate and out-innovate every gram; and if we don’t gradually reform ment insurance plenty of times in the other country on Earth. the system while protecting current past. At this time of prolonged hard- This task of making America more beneficiaries, it won’t be there when ship, you should pass it again—right competitive for the long haul, that’s a future retirees need it. We have to re- job for all of us—for government and away. form Medicare to strengthen it. Pass this jobs bill, and the typical I’m also well aware that there are for private companies, for States and working family will get a $1,500 tax cut many Republicans who don’t believe we for local communities, and for every next year; $1,500 that would have been should raise taxes on those who are American citizen. All of us will have to taken out of your paycheck will go most fortunate and who can best afford up our game. All of us will have to right into your pocket. This expands it, but here is what every American change the way we do business. on the tax cut that Democrats and Re- knows: While most people in this coun- My administration can and will take publicans already passed for this year. try struggle to make ends meet, a few some steps to improve our competitive- If we allow that tax cut to expire—if of the most affluent citizens and most ness on our own. For example, if you’re we refuse to act—middle class families profitable corporations enjoy tax a small business owner who has a con- will get hit with a tax increase at the breaks and loopholes that nobody else tract with the Federal Government, worst possible time. We can’t let that gets. Right now, Warren Buffett pays a we’re going to make sure you get paid happen. I know that some of you have lower tax rate than his secretary—an a lot faster than you do right now. sworn oaths to never raise any taxes on outrage he has asked us to fix. We need We’re also planning to cut away the anyone for as long as you live. Now is a Tax Code where everyone gets a fair red tape that prevents too many rap- not the time to carve out an exception shake and where everybody pays their idly growing start-up companies from and raise middle class taxes, which is fair share—and by the way, I believe raising capital and going public. And to why you should pass this bill right the vast majority of wealthy Ameri- help responsible homeowners, we’re away. cans and CEOs are willing to do just going to work with Federal housing This is the American Jobs Act. It that if it helps the economy grow and agencies to help more people refinance will lead to new jobs for construction gets our fiscal house in order. their mortgages at interest rates that workers, for teachers, for veterans, for I’ll also offer ideas to reform a cor- are now near 4 percent. I know you first responders, young people, and the porate Tax Code that stands as a guys must be for this because that’s a long-term unemployed. It will provide monument to special interest influence step that can put more than $2,000 a tax credits to companies that hire new in Washington. By eliminating pages of year in a family’s pocket and give a lift workers, tax relief for small business loopholes and deductions, we can lower to an economy still burdened by the owners, and tax cuts for the middle one of the highest corporate tax rates drop in housing prices. class. And here is the other thing I in the world. Our Tax Code should not So some things we can do on our own. want the American people to know: give an advantage to companies that Other steps will require congressional The American Jobs Act will not add to can afford the best-connected lobby- action. Today, you passed reform that the deficit. It will be paid for, and ists. It should give an advantage to will speed up the outdated patent proc- here’s how: companies that invest and create jobs ess so that entrepreneurs can turn a The agreement we passed in July will right here in the United States of new idea into a new business as quickly cut government spending by about $1 America. as possible. That’s the kind of action trillion over the next 10 years. It also So we can reduce this deficit, pay we need. Now it’s time to clear the way charges this Congress to come up with down our debt, and pay for this jobs for a series of trade agreements that

VerDate Mar 15 2010 03:50 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.081 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE H6008 CONGRESSIONAL RECORD — HOUSE September 8, 2011 would make it easier for American that we have to strip away collective posal is designed to meet the urgent companies to sell their products in bargaining rights to compete in a glob- needs of our people and our commu- Panama, Colombia and South Korea al economy. nities. while also helping the workers whose We shouldn’t be in a race to the bot- Now, I know there has been a lot of jobs have been affected by global com- tom where we try to offer the cheapest skepticism about whether the politics petition. labor and the worst pollution stand- of the moment will allow us to pass If Americans can buy Kias and ards. America should be in a race to this jobs plan or any jobs plan. Al- Hyundais, I want to see folks in South the top, and I believe we can win that ready, we’re seeing the same old press Korea driving Fords and Chevys and race. releases and tweets flying back and Chryslers. I want to see more products In fact, this larger notion that the forth. Already, the media has pro- sold around the world stamped with only thing we can do to restore pros- claimed that it’s impossible to bridge three proud words: ‘‘Made in America.’’ perity is just dismantle government, our differences, and maybe some of you That’s what we need to get done. refund everyone’s money, let everyone have decided that those differences are And on all of our efforts to strength- write their own rules, and tell everyone so great that we can only resolve them en competitiveness, we need to look for they’re on their own—that’s not who at the ballot box. ways to work side by side with Amer- we are. That’s not the story of Amer- But know this: the next election is 14 ica’s businesses. That’s why I’ve ica. months away. And the people who sent brought together a jobs council of lead- Yes, we are rugged individuals. Yes, us here—the people who hired us to ers from different industries who are we are strong and self-reliant. And it work for them—they don’t have the developing a wide range of new ideas to has been the drive and initiative of our luxury of waiting 14 months. Some of help companies grow and create jobs. workers and entrepreneurs that has them are living week to week, pay- Already, we’ve mobilized business made this economy the engine and check to paycheck, even day to day. leaders to train 10,000 American engi- envy of the world. But there has always They need help, and they need it now. neers a year by providing company in- been another thread running through- I don’t pretend that this plan will ternships and training. Other busi- out our history—a belief that we are solve all our problems. It should not nesses are covering tuition for workers all connected and that there are some be, nor will it be, the last plan of ac- who learn new skills at community col- things we can only do together as a Na- tion we propose. What’s guided us from leges, and we’re going to make sure the tion. the start of this crisis hasn’t been the next generation of manufacturing We all remember Abraham Lincoln search for a silver bullet. It’s been a takes root, not in China or in Europe, as the leader who saved our Union—the commitment to stay at it, to be per- but right here in the United States of founder of the Republican Party—but sistent, to keep trying every new idea America. If we provide the right incen- in the middle of a Civil War, he was that works and listen to every good tives, the right support and if we make also a leader who looked to the fu- proposal, no matter which party comes sure that our trading partners play by ture—a Republican President who mo- up with it. Regardless of the arguments we’ve the rules, we can be the ones to build bilized government to build the Trans- had in the past, regardless of the argu- everything from fuel-efficient cars to continental Railroad, launch the Na- ments we will have in the future, this advanced biofuels to semiconductors tional Academy of Sciences, set up the plan is the right thing to do right now. that we sell all around the world. first land grant colleges; and leaders of You should pass it. And I intend to That’s how America can be number one both parties have followed the example take that message to every corner of again, and that’s how America will be he set. this country. And I ask every Amer- number one again. Ask yourselves: Where would we be ican who agrees to lift your voice. Tell Now, I realize that some of you have right now if the people who sat here be- the people who are gathered here to- a different theory on how to grow the fore us decided not to build our high- night that you want action now. Tell economy. Some of you sincerely be- ways, not to build our bridges, our Washington that doing nothing is not lieve that the only solution to our eco- dams, our airports? What would this an option. Remind us that if we act as nomic challenges is to simply cut most country be like if we had chosen not to one Nation and one people, we have it government spending and eliminate spend money on public high schools or within our power to meet this chal- most government regulations. research universities or community I agree that we can’t afford wasteful lenge. colleges? Millions of returning heroes, President Kennedy once said, ‘‘Our spending, and I’ll work with you, with including my grandfather, had the op- problems are manmade. Therefore, Congress, to root it out; and I agree portunity to go to school because of they can be solved by man. And man that there are some rules and regula- the GI Bill. Where would we be if they can be as big as he wants.’’ tions that do put an unnecessary bur- hadn’t had that chance? These are difficult years for our den on businesses at a time when they How many jobs would it have cost us country. But we are Americans. We are can least afford it. That’s why I or- if past Congresses decided not to sup- tougher than the times we live in, and dered a review of all government regu- port the basic research that led to the we are bigger than our politics have lations. So far, we’ve identified over 500 Internet and the computer chip? What been. So let’s meet the moment. Let’s reforms which will save billions of dol- kind of country would this be if this get to work. And let’s show the world lars over the next few years. We should Chamber had voted down Social Secu- once again why the United States of have no more regulation than the rity or Medicare just because it vio- America remains the greatest Nation health, safety and security of the lated some rigid idea about what gov- on Earth. American people require. Every rule ernment could or could not do? How Thank you very much. God bless you, should meet that commonsense test. many Americans would have suffered and God bless the United States of But what we can’t do—what I will as a result? America. not do—is let this economic crisis be No single individual built America on (Applause, the Members rising.) used as an excuse to wipe out the basic their own. We built it together. We At 7 o’clock and 43 minutes p.m., the protections that Americans have have been and always will be one Na- President of the United States, accom- counted on for decades. I reject the tion under God, indivisible, with lib- panied by the committee of escort, re- idea that we need to ask people to erty and justice for all—a Nation with tired from the Hall of the House of choose between their jobs and their responsibilities to ourselves and with Representatives. safety. I reject the argument that says, responsibilities to one another. The Deputy Sergeant at Arms es- for the economy to grow, we have to Members of Congress, it is time for corted the invited guests from the roll back protections that ban hidden us to meet our responsibilities. Chamber in the following order: fees by credit card companies or rules Every proposal I’ve laid out tonight The members of the President’s Cabi- that keep our kids from being exposed is the kind that has been supported by net; the Dean of the Diplomatic Corps. to mercury or laws that prevent the Democrats and Republicans in the The SPEAKER. The Chair declares health insurance industry from short- past. Every proposal I’ve laid out to- the joint session of the two Houses now changing patients. I reject the idea night will be paid for, and every pro- dissolved.

VerDate Mar 15 2010 03:50 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.082 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE September 8, 2011 CONGRESSIONAL RECORD — HOUSE H6009 Accordingly, at 7 o’clock and 46 min- Transmittal of D.C. ACT 19-108, ‘‘Heights on 2995. A letter from the Deputy Chief Coun- utes p.m., the joint session of the two Georgia Avenue Development Extension sel, Regulations and Security Standards, De- Houses was dissolved. Temporary Act of 2011’’; to the Committee partment of Homeland Security, transmit- on Oversight and Government Reform. ting the Department’s ‘‘Major’’ final rule — The Members of the Senate retired to 2982. A letter from the Chairman, Council Air Cargo Screening [Docket No.: TSA-2009- their Chamber. of the District of Columbia, transmitting 0018; Amendment Nos. 1515-2, 1520-9, 1522-1, f Transmittal of D.C. ACT 19-109, ‘‘KIPP DC — 1540-11, 1544-10, 1546-6, 1548-6, 1549-1] (RIN: 1652-AA64) received August 11, 2011, pursuant MESSAGE OF THE PRESIDENT RE- Shaw Campus Property Tax Exemptions Temporary Act of 2011’’; to the Committee to 5 U.S.C. 801(a)(1)(A); to the Committee on FERRED TO THE COMMITTEE OF on Oversight and Government Reform. Homeland Security. THE WHOLE HOUSE ON THE 2983. A letter from the Chairman, Council f STATE OF THE UNION of the District of Columbia, transmitting REPORTS OF COMMITTEES ON Mr. CHAFFETZ. Mr. Speaker, I move Transmittal of D.C. ACT 19-110, ‘‘Campaign Finance Reporting Temporary Amendment PUBLIC BILLS AND RESOLUTIONS that the message of the President be Act of 2011’’; to the Committee on Oversight Under clause 2 of rule XIII, reports of referred to the Committee of the Whole and Government Reform. House on the state of the Union and or- committees were delivered to the Clerk 2984. A letter from the Chairman, Council for printing and reference to the proper dered printed. of the District of Columbia, transmitting The motion was agreed to. Transmittal of D.C. ACT 19-111, ‘‘District De- calendar, as follows: partment of Transportation Capital Project Mr. SMITH of Texas: Committee on the Ju- f Review and Reconciliation Temporary Act of diciary. H.R. 2552. A bill to amend title 18, LEAVE OF ABSENCE 2011’’; to the Committee on Oversight and United States Code, to change the state of mind requirement for certain identity theft By unanimous consent, leave of ab- Government Reform. 2985. A letter from the Chairman, Council offenses, and for other purposes (Rept. 112– sence was granted to: of the District of Columbia, transmitting 202). Referred to the Committee of the Whole Mr. CULBERSON (at the request of Mr. Transmittal of D.C. ACT 19-119, ‘‘Heat Wave House on the state of the Union. CANTOR) for today on account of per- Safety Temporary Amendment Act of 2011’’; f sonal reasons. to the Committee on Oversight and Govern- PUBLIC BILLS AND RESOLUTIONS Mr. MARINO (at the request of Mr. ment Reform. CANTOR) for today and the balance of 2986. A letter from the Chairman, Council Under clause 2 of rule XII, public the week on account of severe flooding of the District of Columbia, transmitting bills and resolutions of the following Transmittal of D.C. ACT 19-100, ‘‘Southeast in his district. titles were introduced and severally re- Federal Center/Yards Non-Discriminatory ferred, as follows: f Grocery Store Act of 2011’’; to the Com- By Mr. GRIMM (for himself, Mr. ADJOURNMENT mittee on Oversight and Government Re- form. BISHOP of New York, Mr. KING of New Mr. CHAFFETZ. Mr. Speaker, I move 2987. A letter from the Chairman, Council York, Mr. MEEKS, and Mr. RANGEL): that the House do now adjourn. of the District of Columbia, transmitting H.R. 2865. A bill to establish the 9/11 Memo- Transmittal of D.C. ACT 19-152, ‘‘Healthy rial Cross located at the National 9/11 Memo- The motion was agreed to; accord- rial Museum in New York as a national Schools Amendment Act of 2011’’; to the ingly (at 7 o’clock and 47 minutes monument, and for other purposes; to the Committee on Oversight and Government p.m.), the House adjourned until to- Committee on Natural Resources. Reform. morrow, Friday, September 9, 2011, at 9 2988. A letter from the Chairman, Council By Mr. MANZULLO (for himself, Mr. a.m. of the District of Columbia, transmitting RYAN of Ohio, Mr. BISHOP of New York, Mr. CRITZ, Mr. CROWLEY, Mr. f Transmittal of D.C. ACT 19-99, ‘‘Athletic Concussion Protection Act of 2011’’; to the HOLT, Mr. JACKSON of Illinois, Mr. EXECUTIVE COMMUNICATIONS, Committee on Oversight and Government KING of New York, Mr. LIPINSKI, Mrs. ETC. Reform. MALONEY, Mr. MICHAUD, and Mr. 2989. A letter from the Chairman, Council ISRAEL): Under clause 2 of rule XIV, executive H.R. 2866. A bill to amend the Internal Rev- of the District of Columbia, transmitting communications were taken from the enue Code of 1986 to provide a tax incentive Transmittal of D.C. ACT 19-151, ‘‘Distributed Speaker’s table and referred as follows: for the installation and maintenance of me- Generation Amendment Act of 2011’’; to the chanical insulation property; to the Com- 2976. A letter from the Assistant General Committee on Oversight and Government mittee on Ways and Means. Counsel for Regulatory Affairs, Consumer Reform. By Mr. WOLF (for himself, Ms. ROS- Product Safety Commission, transmitting 2990. A letter from the Chairman, Council LEHTINEN, and Mr. BERMAN): the Commission’s final rule — Requirements of the District of Columbia, transmitting H.R. 2867. A bill to reauthorize the Inter- for Bicycles (RIN: 3041-AC95) received June Transmittal of D.C. ACT 19-101, ‘‘Closing of national Religious Freedom Act of 1998, and 21, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to Streets and Alleys in and adjacent to the Committee on Energy and Commerce. for other purposes; to the Committee on For- Squares 4533, 4534, and 4535, S.O. 09-10850, Act eign Affairs. 2977. A letter from the Director, Office of of 2011’’; to the Committee on Oversight and Congressional Affairs, Nuclear Regulatory By Mr. DOLD: Government Reform. H.R. 2868. A bill to amend the Internal Rev- Commission, transmitting the Commission’s 2991. A letter from the Chairman, Council enue Code of 1986 to provide payroll tax relief final rule — Criteria for Use of Computers in of the District of Columbia, transmitting to encourage the hiring of unemployed indi- Safety Systems of Nuclear Power Plants Transmittal of D.C. ACT 19-105, ‘‘Closing of a viduals, and for other purposes; to the Com- [Regulatory Guide 1.152] received July 22, Portion of Bryant Street, N.E., and a Portion mittee on Ways and Means. 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the of 22nd Street, N.E., S.O. 06-1262, Act of By Ms. FUDGE: Committee on Energy and Commerce. 2011’’; to the Committee on Oversight and H.R. 2869. A bill to authorize the Secretary 2978. A letter from the Chairman, Council Government Reform. of Education to make grants to local edu- of the District of Columbia, transmitting 2992. A letter from the Chairman, Council cational agencies for the construction, ren- Transmittal of D.C. ACT 19-106, ‘‘Closing of a of the District of Columbia, transmitting ovation, or repair of athletics facilities; to Portion of the Public Alley in Square 5148, Transmittal of D.C. ACT 19-103, ‘‘Closing of a the Committee on Education and the Work- S.O. 10-01784, Act of 2011’’; to the Committee Public Alley in Square 514, S.O. 09-9099, Act force. on Oversight and Government Reform. of 2011’’; to the Committee on Oversight and By Mr. SENSENBRENNER (for him- 2979. A letter from the Chairman, Council Government Reform. self, Ms. WASSERMAN SCHULTZ, Mr. of the District of Columbia, transmitting 2993. A letter from the Chairman, Council LANCE, Mr. DANIEL E. LUNGREN of Transmittal of D.C. ACT 19-102, ‘‘Brewery of the District of Columbia, transmitting California, and Mr. POE of Texas): Manufacture’s Tasting Permit Amendment Transmittal of D.C. ACT 19-104, ‘‘Closing of a H.R. 2870. A bill to reauthorize certain pro- Act of 2011’’; to the Committee on Oversight Public Alley in Square 451, S.O. 11-03672, Act grams established by the Adam Walsh Child and Government Reform. of 2011’’; to the Committee on Oversight and Protection and Safety Act of 2006; to the 2980. A letter from the Chairman, Council Government Reform. Committee on the Judiciary. of the District of Columbia, transmitting 2994. A letter from the Deputy General By Ms. SPEIER: Transmittal of D.C. ACT 19-107, ‘‘Arthur Cap- Counsel, National Aeronautics and Space Ad- H.R. 2871. A bill to amend title 49, United per/Carrollsburg Public Improvements Rev- ministration, transmitting the Administra- States Code, to direct the Secretary of enue Bonds Temporary Amendment Act of tion’s ‘‘Major’’ final rule — Boards and Com- Transportation to establish integrity 2011’’; to the Committee on Oversight and mittees (RIN: 2700-AD50) received August 1, verification requirements for pipeline facili- Government Reform. 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the ties, and for other purposes; to the Com- 2981. A letter from the Chairman, Council Committee on Science, Space, and Tech- mittee on Transportation and Infrastruc- of the District of Columbia, transmitting nology. ture, and in addition to the Committee on

VerDate Mar 15 2010 03:50 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K08SE7.083 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE H6010 CONGRESSIONAL RECORD — HOUSE September 8, 2011

Energy and Commerce, for a period to be in Article I, Section 8 and Clause I of the H.R. 121: Mr. LUETKEMEYER. subsequently determined by the Speaker, in United States Constitution. H.R. 399: Mr. HANNA. each case for consideration of such provi- The Congress shall have Power To lay and H.R. 420: Mrs. CAPITO and Mr. SCHOCK. sions as fall within the jurisdiction of the collect Taxes, Duties, Imposts and Excises, H.R. 458: Ms. WOOLSEY. committee concerned. to pay the Debts and provide for the common H.R. 539: Mr. HOLT. By Ms. VELA´ ZQUEZ: Defense and general Welfare of the United H.R. 615: Mrs. ELLMERS. H.R. 2872. A bill to amend the Small Busi- States; but all Duties, Imposts and Excises H.R. 640: Mr. NEAL. ness Investment Act of 1958 to improve the shall be uniform throughout the United H.R. 642: Mr. SULLIVAN. New Markets Venture Capital Program, and States; H.R. 665: Mr. YODER. for other purposes; to the Committee on To regulate Commerce with foreign Na- H.R. 687: Mr. LOEBSACK. Small Business. tions, and among the several States, and H.R. 692: Mr. ROYCE. By Ms. VELA´ ZQUEZ: with the Indian Tribes H.R. 721: Mr. CARTER. H.R. 2873. A bill to amend the Internal Rev- To make all Laws which shall be necessary H.R. 735: Mr. SAM JOHNSON of Texas, Mrs. enue Code of 1986 to provide a credit to em- and proper for carrying into Execution the BLACK, and Mr. SCOTT of South Carolina. ployers for the retention of certain individ- foregoing Powers, and all other Powers vest- H.R. 750: Mr. HUELSKAMP, Mr. MARCHANT, uals hired before 2013; to the Committee on ed by this Constitution in the Government of Mr. FINCHER, Mr. AUSTRIA, Mr. DUNCAN of Ways and Means. the United States, or in any Department or South Carolina, Mr. WOODALL, Ms. JENKINS, By Mr. HULTGREN: Officer thereof. Mr. MILLER of Florida, Mr. GRAVES of Geor- H.R. 2874. A bill to authorize the Secretary By Mr. WOLF: gia, Mr. LUETKEMEYER, and Mr. SAM JOHNSON of Health and Human Services, acting H.R. 2867. of Texas. through the Administrator of the Health Re- Congress has the power to enact this legis- H.R. 765: Mr. PERLMUTTER. sources and Services Administration, to lation pursuant to the following: H.R. 860: Mrs. BLACKBURN, Ms. KAPTUR, Mr. award grants on a competitive basis to pub- Article I, Section 8 of the United States MEEHAN, Ms. SCHAKOWSKY, Mrs. MCCARTHY lic and private entities to provide qualified Constitution. of New York, Mr. GERLACH, Mr. DOYLE, Mr. sexual risk avoidance education to youth By Mr. DOLD: PRICE of Georgia, Mr. RENACCI, Mr. PLATTS, and their parents; to the Committee on En- H.R. 2868. Mr. BENISHEK, Mr. HOLT, Ms. ZOE LOFGREN of ergy and Commerce. Congress has the power to enact this legis- California, Mr. KINZINGER of Illinois, and Mr. By Mr. HASTINGS of Florida: lation pursuant to the following: BACA. H. Con. Res. 75. Concurrent resolution ex- Article 1, Section 8, clause 1, which pro- H.R. 878: Mr. SESSIONS. pressing the sense of Congress that Libya’s vides Congress the power to lay and collect H.R. 881: Mr. CALVERT. frozen assets be utilized to pay for NATO’s taxes. This legislation provides for a tem- H.R. 891: Mr. PETERSON, Mr. HIGGINS, Mrs. military campaign; to the Committee on porary payroll tax reduction. MALONEY, Mr. TERRY, Mr. CAPUANO, and Mr. Foreign Affairs. By Ms. FUDGE: RENACCI. By Mr. MACK: H.R. 2869. H.R. 909: Mr. PENCE. H. Con. Res. 76. Concurrent resolution ex- Congress has the power to enact this legis- H.R. 912: Mr. DOYLE. pressing the sense of Congress that Sec- lation pursuant to the following: H.R. 925: Mr. CONYERS. retary of the Treasury Timothy Geithner no Article I, Section 8, Clause 1: The Congress H.R. 965: Ms. ZOE LOFGREN of California. longer holds the confidence of Congress or of shall have Power To lay and collect Taxes, H.R. 973: Mr. PALAZZO. the people of the United States; to the Com- Duties, Imposts and Excises, to pay the H.R. 992: Mrs. NAPOLITANO. mittee on Financial Services, and in addi- Debts and provide for the common Defense H.R. 1025: Mr. CRAWFORD. tion to the Committee on Ways and Means, and general Welfare of the United States; but H.R. 1111: Mr. HARRIS. for a period to be subsequently determined all Duties, Imposts and Excises shall be uni- H.R. 1117: Mr. MICHAUD. by the Speaker, in each case for consider- form throughout the United States; H.R. 1134: Mr. WOODALL. ation of such provisions as fall within the ju- By Mr. SENSENBRENNER: H.R. 1138: Ms. LEE. risdiction of the committee concerned. H.R. 2870. H.R. 1154: Mr. LUJA´ N and Mr. HULTGREN. By Mr. WALSH of Illinois: Congress has the power to enact this legis- H.R. 1159: Mr. PLATTS. H. Res. 394. A resolution supporting Israel’s lation pursuant to the following: H.R. 1161: Mr. REYES, Mr. JONES, Mr. right to annex Judea and Samaria in the Article I, Section 8, Clause I TONKO, and Ms. JENKINS. event that the Palestinian Authority con- By Ms. SPEIER: H.R. 1167: Mrs. MYRICK, Mr. FINCHER, Mr. tinues to press for unilateral recognition of H.R. 2871. DUNCAN of South Carolina, Mr. BROOKS, Mr. Congress has the power to enact this legis- Palestinian statehood at the United Nations; WOMACK, Ms. JENKINS, Mr. MARCHANT, Mr. lation pursuant to the following: to the Committee on Foreign Affairs. SAM JOHNSON of Texas, and Mr. GRAVES of By Ms. FOXX: Article 1, Section 8: Congress shall have Georgia. the power to regulate commerce among the H. Res. 395. A resolution electing a certain H.R. 1172: Mr. BURTON of Indiana. states, and provide for the general welfare. Member to a certain standing committee of H.R. 1182: Mr. MARCHANT, Mr. DUNCAN of By Ms. VELA´ ZQUEZ: the House of Representatives; considered and South Carolina, Mr. WOMACK, and Mr. H.R. 2872. agreed to. considered and agreed to. GRAVES of Georgia. Congress has the power to enact this legis- By Mr. MANZULLO (for himself and H.R. 1186: Mr. PLATTS. lation pursuant to the following: Mr. RYAN of Ohio): H.R. 1195: Mr. PETERSON, Mr. ACKERMAN, Article I, Section 8, Clause 3 H. Res. 396. A resolution encouraging en- and Mr. GOODLATTE. The Congress shall have Power *** To regu- ergy efficient and environment-friendly H.R. 1206: Mr. RAHALL. late Commerce with foreign Nations, and building and facility programs to incor- H.R. 1208: Mr. BLUMENAUER. among the several States, and with the In- porate the use of mechanical insulation as H.R. 1219: Ms. LINDA T. SA´ NCHEZ of Cali- dian Tribes. part of their standards and ratings system; fornia, Mr. ACKERMAN, Mr. CICILLINE, Mr. By Ms. VELA´ ZQUEZ: to the Committee on Energy and Commerce. PETERSON, and Ms. BASS of California. H.R. 2873. H.R. 1240: Mr. HOLT. f Congress has the power to enact this legis- H.R. 1244: Mr. GENE GREEN of Texas and lation pursuant to the following: CONSTITUTIONAL AUTHORITY Mr. AKIN. STATEMENT Article I, Section 8, Clause 1 The Congress shall have Power to lay and H.R. 1279: Ms. HERRERA BEUTLER. Pursuant to clause 7 of rule XII of collect Taxes, Duties, Imposts and Excises, H.R. 1288: Mr. LANGEVIN. the Rules of the House of Representa- to pay the Debts and provide for the common H.R. 1328: Ms. WOOLSEY. H.R. 1331: Mr. HASTINGS of Washington. tives, the following statements are sub- Defence and general Welfare of the United H.R. 1340: Mr. LONG. States; but all Duties, Imposts and Excises mitted regarding the specific powers H.R. 1351: Mr. RUPPERSBERGER, Mr. WATT, shall be uniform throughout the United granted to Congress in the Constitu- Mr. WAXMAN, Mr. BECERRA, Mr. BARROW, and States. tion to enact the accompanying bill or Mr. MATHESON. By Mr. HULTGREN: joint resolution. H.R. 2874. H.R. 1370: Mrs. ROBY. By Mr. GRIMM: Congress has the power to enact this legis- H.R. 1464: Mr. WELCH, Mr. MCCOTTER, Mr. H.R. 2865. lation pursuant to the following: CUMMINGS, Ms. BERKLEY, Mr. CONNOLLY of Congress has the power to enact this legis- Clause 3 of Section 8, Article 1 of the Con- Virginia, Mr. GARRETT, and Mrs. ROBY. lation pursuant to the following: stitution. H.R. 1465: Ms. WOOLSEY. Article IV, Section 3, Clause 2 H.R. 1515: Mr. HOLT. f By Mr. MANZULLO: H.R. 1558: Mrs. EMERSON, Mr. FRANKS of Ar- H.R. 2866. ADDITIONAL SPONSORS izona, and Mr. GRAVES of Georgia. Congress has the power to enact this legis- H.R. 1591: Mr. DENT. lation pursuant to the following: Under clause 7 of rule XII, sponsors H.R. 1684: Mrs. NAPOLITANO. The constitutional authority on which this were added to public bills and resolu- H.R. 1697: Mr. ALEXANDER, Mr. OWENS, Mrs. bill rests is the power of Congress as stated tions as follows: HARTZLER, and Mr. CASSIDY.

VerDate Mar 15 2010 04:39 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\L08SE7.100 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE September 8, 2011 CONGRESSIONAL RECORD — HOUSE H6011

H.R. 1700: Mr. DENHAM. H.R. 2387: Mrs. MALONEY. H.R. 2823: Mr. MCDERMOTT. H.R. 1738: Mr. JACKSON of Illinois, Mr. BLU- H.R. 2429: Mr. POE of Texas. H.R. 2828: Mr. HOLT. MENAUER, and Mr. POE of Texas. H.R. 2444: Mr. RANGEL. H.R. 2834: Mr. COFFMAN of Colorado, Mr. H.R. 1754: Ms. SPEIER. H.R. 2497: Mr. WALSH of Illinois, Mr. COLE, and Mr. HUIZENGA of Michigan. H.R. 1755: Mr. DUNCAN of South Carolina, LUETKEMEYER, and Mr. ROSKAM. H.R. 2835: Ms. KAPTUR, Mr. GEORGE MILLER Mr. SCALISE, and Mr. LONG. H.R. 2499: Ms. ZOE LOFGREN of California. of California, and Ms. SUTTON. H.R. 1756: Mr. FRANK of Massachusetts and H.R. 2514: Mr. POMPEO, Ms. JENKINS, Mr. H.R. 2836: Mr. GONZALEZ, Ms. JACKSON LEE Mr. NEAL. GOSAR, Mr. WALSH of Illinois, Mr. SAM JOHN- of Texas, Ms. KAPTUR, Mr. MCGOVERN, Mr. H.R. 1780: Mr. BLUMENAUER. SON of Texas, Mr. GRAVES of Georgia, Mr. GEORGE MILLER of California, Mr. DOYLE, H.R. 1781: Ms. HANABUSA and Mrs. NAPOLI- LUETKEMEYER, and Mr. FLORES. and Ms. SUTTON. TANO. H.R. 2528: Mr. GRIFFIN of Arkansas. H.R. 2837: Mr. GONZALEZ, Ms. JACKSON LEE H.R. 1834: Mr. FITZPATRICK. H.R. 2529: Mr. GUTHRIE. of Texas, Ms. KAPTUR, Mr. MCGOVERN, Mr. H.R. 1955: Mr. BRADY of Pennsylvania. H.R. 2541: Mrs. EMERSON, Ms. SEWELL, and GEORGE MILLER of California, Mr. DOYLE, H.R. 1971: Mr. PETERSON and Mr. HINCHEY. Mr. RIBBLE. and Ms. SUTTON. H.R. 1980: Mr. BRADY of Pennsylvania, Mr. H.R. 2547: Mr. MARKEY and Ms. WOOLSEY. H.R. 2852: Mr. POE of Texas. ROHRABACHER, and Mr. MEEHAN. H.R. 2559: Mr. LOEBSACK. H.R. 2853: Mr. YOUNG of Indiana and Ms. H.R. 1987: Mr. SCHIFF. H.R. 2594: Mr. RIBBLE. WOOLSEY. H.R. 2012: Mr. CARDOZA. H.R. 2595: Mr. TONKO, Mr. GONZALEZ, Mr. H.R. 2856: Ms. HAYWORTH and Mr. HANNA. H.R. 2042: Mr. FALEOMAVAEGA, Mr. YARMUTH, Mr. SESSIONS, Mr. HINOJOSA, Mr. H.J. Res. 28: Mr. RYAN of Ohio, Mr. GUTIER- REICHERT, and Mr. MEEKS. RYAN of Ohio, Mr. KUCINICH, Mr. RENACCI, REZ, Mr. SERRANO, Mr. STARK, Ms. WATERS, H.R. 2051: Mr. GERLACH. Ms. WOOLSEY, Mr. HOLT, Mr. PETERSON, and and Ms. NORTON. H.R. 2069: Mr. GIBSON. Mr. FRANK of Massachusetts. H.J. Res. 77: Mrs. BIGGERT, Mr. H.R. 2085: Mr. CICILLINE and Ms. BALDWIN. H.R. 2632: Mr. SMITH of Texas. SOUTHERLAND, Mr. FRANKS of Arizona, Mr. H.R. 2097: Mr. BARTLETT and Mr. BARROW. H.R. 2674: Mr. PETERSON, Ms. CASTOR of MILLER of Florida, Mr. DESJARLAIS, Mr. H.R. 2130: Mr. ELLISON. Florida, and Mr. LATOURETTE. SCHILLING, and Mr. GARY G. MILLER of Cali- H.R. 2144: Mr. GRIJALVA. H.R. 2681: Mr. MCKINLEY, Mr. POSEY, Mr. fornia. H.R. 2188: Mr. HALL. DIAZ-BALART, and Mr. GOSAR. H. Con. Res. 72: Mrs. NAPOLITANO, Ms. H.R. 2190: Mr. RANGEL and Ms. WOOLSEY. H.R. 2689: Ms. SPEIER, Ms. NORTON, and Mr. SLAUGHTER, Mr. ELLISON, Mr. KILDEE, Mrs. H.R. 2206: Mr. MCCOTTER. GRIJALVA. MALONEY, Mr. SERRANO, and Mr. DEFAZIO. H.R. 2207: Mr. HASTINGS of Florida, Ms. H.R. 2695: Mr. GALLEGLY. MATSUI, Mr. ISRAEL, Ms. EDWARDS, and Mr. H.R. 2696: Mr. GALLEGLY. H. Res. 25: Mr. GRAVES of Georgia and Mr. CARNAHAN. H.R. 2698: Mr. SMITH of Washington. ROYCE. H.R. 2248: Mr. ELLISON. H.R. 2699: Mr. RIVERA, Mr. CHABOT, and Mr. H. Res. 111: Mr. MURPHY of Connecticut, ´ H.R. 2249: Mr. RAHALL. BURTON of Indiana. Ms. WOOLSEY, Mr. LUJAN, and Mrs. LUMMIS. H.R. 2250: Mr. GOSAR, Mr. SMITH of Ne- H.R. 2712: Mr. POSEY. H. Res. 134: Mr. HEINRICH. braska, Mr. POMPEO, and Mr. ROSKAM. H.R. 2763: Ms. SCHAKOWSKY, Mr. RANGEL, H. Res. 137: Mr. RAHALL and Mr. BARROW. H.R. 2271: Mr. WITTMAN. and Mr. GRIJALVA. H. Res. 177: Mr. TIBERI. H.R. 2304: Mr. DUNCAN of Tennessee. H.R. 2772: Mr. LOBIONDO. H. Res. 239: Mr. GRIFFIN of Arkansas. H.R. 2316: Mr. TOWNS. H.R. 2796: Mr. BURGESS, Mr. WALSH of Illi- H. Res. 262: Ms. ROYBAL-ALLARD. H.R. 2328: Mr. KUCINICH, Ms. SCHAKOWSKY, nois, Ms. ROS-LEHTINEN, Mr. CRENSHAW, Mr. H. Res. 295: Mr. MCCAUL and Mr. GRIFFIN of and Ms. ZOE LOFGREN of California. RIVERA, Mr. SOUTHERLAND, Mr. STEARNS, Mr. Arkansas. H.R. 2357: Mr. KLINE. WEBSTER, Mrs. ADAMS, Mr. SCHOCK, and Mr. H. Res. 306: Mr. HEINRICH. H.R. 2362: Mr. MORAN. BOUSTANY. H. Res. 374: Mr. SMITH of Washington.

VerDate Mar 15 2010 03:50 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A08SE7.031 H08SEPT1 pwalker on DSK5TPTVN1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, FIRST SESSION

Vol. 157 WASHINGTON, THURSDAY, SEPTEMBER 8, 2011 No. 132 Senate The Senate met at 9:30 a.m. and was from the State of New Mexico, to perform MEASURE PLACED ON THE called to order by the Honorable TOM the duties of the Chair. CALENDAR—S.J. RES 26 UDALL, a Senator from the State of DANIEL K. INOUYE, President pro tempore. Mr. REID. Mr. President, I am told New Mexico. that S.J. Res. 26 is due for a second Mr. UDALL of New Mexico thereupon reading. PRAYER assumed the chair as Acting President The ACTING PRESIDENT pro tem- pro tempore. The Chaplain, Dr. Barry C. Black, of- pore. The clerk will report the joint fered the following prayer: resolution by title for the second time. Let us pray. f The assistant legislative read as fol- Lord God, through whom we find lib- lows: erty and peace, lead us in Your right- RECOGNITION OF THE MAJORITY A joint resolution (S.J. Res. 26) expressing eousness and make the way straight LEADER the sense of Congress that Secretary of the before our lawmakers. As they grapple The ACTING PRESIDENT pro tem- Treasury Timothy Geithner no longer holds with complex issues and feel the need pore. The majority leader is recog- the confidence of Congress or of the people of for guidance, lead them to the deci- nized. the United States. sions that will best glorify You. Look- Mr. REID. Mr. President, I object to ing to You to guide them, may they f any further proceedings with respect to not be overwhelmed, remembering that this resolution. The ACTING PRESIDENT pro tem- in everything You are working for the SCHEDULE good of those who love You. pore. Objection is heard. The bill will May Your good blessings continue to Mr. REID. Mr. President, following be placed on the calendar under rule be with us, and may we, in response to any leader remarks, there will be 1 XIV. Your abiding love, ever seek to do jus- hour of morning business, with the Re- f tice, love mercy, and walk humbly publicans controlling the first half and JOBS AGENDA with You. the majority controlling the final half. We pray in Your sacred Name. Amen. Following morning business, the Sen- Mr. REID. Mr. President, tonight, be- ate will resume consideration of the fore a joint session of Congress, Presi- f America Invents Act. There will be dent Obama will address the Nation on PLEDGE OF ALLEGIANCE four rollcall votes starting about 4 p.m. the single most important issue facing That time could move a little bit but our country: the unemployment crisis The Honorable TOM UDALL led the not much. We are doing that in order we have before us. I look forward to Pledge of Allegiance, as follows: to complete action on this patent bill hearing the specifics of his plan. I have I pledge allegiance to the Flag of the that is so important for the country. It spoken to him, and I have a pretty United States of America, and to the Repub- will be the first revision of this law in lic for which it stands, one nation under God, good idea of what he is going to talk indivisible, with liberty and justice for all. more than six decades. about. Senators should gather in the Senate I support his goal to create good jobs f Chamber about 6:30 this evening to pro- for the 14 million people who have no APPOINTMENT OF ACTING ceed as a body to the House for the jobs. This is a time of dark economic PRESIDENT PRO TEMPORE joint session with President Obama. times, and it is important that we do When we return this evening, there will this. I applaud the commonsense, bi- The PRESIDING OFFICER. The be an additional rollcall vote on the partisan approach the President will clerk will please read a communication motion to proceed to S.J. Res. 25, unveil tonight to invest in badly need- to the Senate from the President pro which is a joint resolution of dis- ed infrastructure and to cut taxes for tempore (Mr. INOUYE). approval regarding the debt limit in- working families and small businesses The legislative clerk read the fol- crease. As I indicated to everyone last to spur job creation. lowing letter: night, if the motion to proceed pre- These are ideas around which Mem- U.S. SENATE, vails, we will be back tomorrow to bers of both parties should rally. Re- PRESIDENT PRO TEMPORE, complete that work, and that could publicans have always supported tax Washington, DC, September 8, 2011. To the Senate: take as much as 10 hours tomorrow. If cuts. They have done it in the past, and Under the provisions of rule I, paragraph 3, the motion to proceed fails, then we they agree we must bring America’s in- of the Standing Rules of the Senate, I hereby will have other things to do tomorrow frastructure up to 21st-century stand- appoint the Honorable TOM UDALL, a Senator but there will be no votes. ards. I hope that in fact is the case. But

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S5395

.

VerDate Mar 15 2010 03:30 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.000 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5396 CONGRESSIONAL RECORD — SENATE September 8, 2011 if my Republican friends oppose these line workers—that is 80,000 jobs—and changing his position on how all this proposals now—proposals they have we must pass a highway bill to fund has to be paid for. As we speak, we are supported in the past—the reason will construction projects across the Na- spending billions of dollars every week be very clear: partisan politics. Repub- tion. These two bills combined will in Iraq and Afghanistan. I understand licans seem convinced that a failing save about 2 million jobs, including that. But that is all unpaid for—unpaid economy is good for their politics. many jobs in the struggling construc- for. They think that if they kill every jobs tion industry, and it will do it now. But Certainly, we have to do something bill and stall every effort to revive the we need Republican help. We can’t get to help the American people in an economy, President Obama will lose. it done without them. This is their emergency and figure out some other My good friend the Republican leader chance to prove they remember the way in the future to look at how to has said so. He has said the Republican meaning of the word ‘‘bipartisan.’’ It is handle other disasters. We try to Party’s No. 1 goal in this Congress is to time for necessity to trump ideology. prefund what we think will happen as a defeat the President. But Republicans Senator Robert Byrd once said, ‘‘Pot- result of disasters, but these are acts of aiming at the President have caught holes know no parties.’’ The challenges God—that is what we learn in law innocent Americans in the crossfire. this Nation faces today are greater school—these hurricanes and tornadoes This week, Republican leaders have than any speed bump, but the road to and floods. Along the Mississippi River, said they want to work with the Presi- recovery is the same: cooperation. Par- we have more than 3 million acres un- dent and Democrats in Congress. They tisanship will not solve our jobs crisis, derwater. This is farmland. It is not want to work on job creation in a bi- but setting aside politics in service to just vacant land, it is farmland under- partisan way, they say. I hope that in our country certainly will. water. These people need help, and the fact is the case, but their actions over Mr. President, we have been able to Federal Government can help them. So the last 8 months speak much louder move forward this week and get some we need to do that, and that is why we than their words of the last few days. work done. I especially appreciate very will have a vote, as soon as I can ar- For example, Republicans opposed much the work of Senator KYL, who is range it next week, on funding FEMA the reauthorization of the Small Busi- the Republican whip. His work to put so they can continue doing the work ness Innovation Research Program and the patent bill in the position it is in that is so important for our country. the Economic Development Adminis- so we can finish that bill today—we Mr. President, I suggest the absence tration. Both have proven track certainly hope to be able to do that— of a quorum. records of spurring innovation, encour- has been very exemplary, and I appre- The ACTING PRESIDENT pro tem- aging entrepreneurship, and creating ciate it very much. pore. The clerk will call the roll. jobs. Republicans were willing to put Next week, likely, our first vote will The assistant legislative clerk pro- more than 1⁄2 million Americans’ jobs be to do something about FEMA—the ceeded to call the roll. at risk and, in fact, eliminate those Federal Emergency Management Agen- Mr. MCCONNELL. Mr. President, I jobs rather than work with us to pass cy—which is broke. We have had a ask unanimous consent that the order that legislation. string of natural catastrophes that for the quorum call be rescinded. The Senate passed much needed pat- have been just awful—Irene, Lee, and The ACTING PRESIDENT pro tem- ent reform in March. Yet House Repub- tornadoes that don’t have names, but pore. Without objection, it is so or- licans stalled for months before send- the one that struck Joplin, MO, killed dered. ing us back their version of the bill, almost 200 people and devastated that f which we will vote on today. I am town. hopeful we can send it back to the I went down to S–120 last night, and RECOGNITION OF THE MINORITY House untouched. they had a number of scientists show- LEADER Republicans wasted weeks threat- ing some of the things they have devel- The ACTING PRESIDENT pro tem- ening to shut down the economy this oped. One of the things they have de- pore. The minority leader is recog- spring. They held our economy hostage veloped—and these are things they nized. for months this summer over a routine have done at universities, handmade f vote on whether to pay the Nation’s pieces of magnificent equipment that bills. Congress took the same vote 18 do many things—is something they can ECONOMIC CLIMATE times while President Reagan was place in the path of a storm—they have Mr. MCCONNELL. Mr. President, President and 7 times while George W. never been able to do that before—to later today both Houses of Congress Bush was President and never was the determine from which direction the will welcome President Obama to vote time-consuming or contentious. wind is coming and how hard it blows. speak about a very serious crisis we Through it all, Republicans hacked Without belaboring the point, one of face as a nation, namely, an economic away at funding for the very programs the instruments there recorded the climate that is making it impossible that were helping to get this Nation’s strongest winds ever recorded in the for millions of Americans to find the economy back on its feet. history of the world—more than 300 work they need to support themselves The results of their stall tactics, ob- miles an hour. That is basically what and their families. structionism, and mindless budget cuts we had in Joplin, MO. There is no In a two-party system such as ours, are beginning to show. Although the building that can withstand that. It is it shouldn’t be surprising that there private sector created jobs for the 18th devastating. would be two very different points of month in a row, August saw no change The pictures you see of Joplin, MO, view about how to solve this particular in the national unemployment rate. look like a series of bombs hit. Every crisis. What is surprising is the Presi- Unemployment in Nevada is still the building was affected, most of them dent’s apparent determination to apply highest in the Nation. But in spite of knocked down. The reason I mention the same government-driven policies all this, the Republicans have refused that is that FEMA has stopped work in that have already been tried and failed. to allow us to focus on unemployment. Joplin, MO. People were there working The definition of insanity, as Albert As Democrats introduced jobs bill after for $9 an hour, just putting things back Einstein once famously put it, is to do jobs bill, Republicans made it clear into some semblance of order, but that the same thing over and over again and they were more interested in pursuing work has stopped. FEMA has had to to expect a different result. Frankly, I a political agenda than a jobs agenda. look at the places that are impacted can’t think of a better description of We will no longer allow our Repub- right now. They are still trying to get anyone who thinks the solution to this lican colleagues to put politics ahead the water out of some places because of problem is another stimulus. The first of the American people. There are two Lee and to restore some of the imme- stimulus didn’t do it. Why would an- things we must get done this work pe- diate damage done by Irene. We have to other? riod and both will create and save jobs do something to replenish that money. This is one question the White House immediately. We need to reauthorize I was happy to see some of the state- and a number of Democrats clearly the Federal Aviation Administration ments from one of the Republican lead- don’t want to answer. That is why to protect both air travelers and air- ers in the House yesterday in effect some of them are out there coaching

VerDate Mar 15 2010 23:39 Sep 08, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.003 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5397 people not to use the word ‘‘stimulus’’ efit of hindsight. We know what minutes each, with the time equally di- when describing the President’s plan. doesn’t work. vided and controlled between the two Others are accusing anybody who criti- So tonight the President should take leaders or their designees, with the Re- cizes it of being unpatriotic or playing a different approach. He should ac- publicans controlling the first half and politics. Well, as I have said before, knowledge the failures of an economic the majority controlling the final half. there is a much simpler reason to op- agenda that centers on government and The Senator from Nebraska is recog- pose the President’s economic policies spending and debt, and work across the nized. that has nothing whatsoever to do with aisle on a plan that puts people and (The remarks of Mr. JOHANNS and Mr. politics: They simply don’t work. Yet, businesses at the forefront of job cre- ALEXANDER pertaining to the introduc- by all accounts, the President’s so- ation. tion of S. 1528 are printed in today’s called jobs plan is to try those very If the American people are going to RECORD under Statements on Intro- same policies again and then accuse have control over their own destiny, duced Bills and Joint Resolutions.) anyone who doesn’t support them this they need to have more control over Mr. ALEXANDER. Mr. President, I time around of being political or overly their economy. That means shifting believe I have up to 20 minutes? partisan, of not doing what is needed in the center of gravity away from Wash- The PRESIDING OFFICER. There is this moment of crisis. ington and toward those who create 161⁄2 minutes remaining on the Repub- This isn’t a jobs plan. It is a reelec- jobs. It means putting an end to the lican side. tion plan. That is why Republicans regulatory overreach that is holding Mr. ALEXANDER. Will the Chair have continued to press for policies, job creators back. It means being as please let me know when 5 minutes is policies that empower job creators, not bold about liberating job creators as remaining. Washington. the administration has been about The PRESIDING OFFICER. Yes. According to the Wall Street Jour- shackling them. It means reforming an f nal, nearly a third of the unemployed outdated Tax Code and getting out of PRESIDENTIAL ADDRESS have been out of work for more than a the business of picking winners and year. The average length of unemploy- losers. It means lowering the U.S. cor- Mr. ALEXANDER. Mr. President, to- ment is now greater than 40 weeks, porate tax rate, which is currently the night we welcome President Obama to higher than it was even during the second highest in the world. And it the Congress to deliver a jobs address. Great Depression. As we know, the means leveling the playing field with The President will be coming at a time longer you are out of a job, the harder our competitors overseas by approving when we have had persistent unem- it is to find one. That means, for mil- free trade agreements with Colombia, ployment at a greater rate than at any lions of Americans, this crisis is get- Panama, and South Korea that have time since the Great Depression. No ting harder every day. It is getting been languishing on the President’s one should blame our President for worse and worse. desk literally for years. problems with an economy that he in- We also know this: The economic Contrary to the President’s claims, herited, but the President should take policies this President has tried have this economic approach isn’t aimed at responsibility for making the economy not alleviated the problem. In many pleasing any one party or constitu- worse. ways, in fact, they have made things ency. It is aimed at giving back to the Unemployment is up. The debt is up. worse. Gas prices are up. The national American people the tools they need to Housing values are down. The morning debt is up. Health insurance premiums do the work Washington has not been paper reports we may be on our way— are up. Home values in most places able to do on its own, despite its best at least the chances are 50–50, the continue to fall. And, 21⁄2 years after efforts over the past few years. newspaper says this morning—to a dou- the President’s signature jobs bill was The President is free to blame his po- ble-dip recession. The number of unem- signed into law, 1.7 million fewer litical adversaries, his predecessor, or ployed Americans is up about 2 million Americans have jobs. So I would say even natural disasters for America’s since the President took office. The Americans have 1.7 million reasons to economic challenges. Tonight, he may amount of Federal debt is up about $4 oppose another stimulus. That is why blame any future challenges on those trillion. many of us have been calling on the who choose not to rubberstamp his lat- As I mentioned in discussing the pro- President to propose something en- est proposals. But it should be noted posals of the Senator from Nebraska, tirely different tonight—not because of that this is precisely what Democratic the President’s policies, rather than politics but because the kind of poli- majorities did during the President’s helping over the last 21⁄2 years, have cies he has proposed in the past haven’t first 2 years in office, and look where thrown a big wet blanket over private worked. The problem here isn’t poli- that got us. But here is the bottom sector job creation. They have made it tics. The problem is the policy. It is line: By the President’s own standards, more expensive and more difficult for time the President start thinking less his jobs agenda has been a failure, and the private sector to create jobs for about how to describe his policies dif- we can’t afford to make the same mis- Americans. ferently and more time thinking about take twice. Let me be specific about that. The devising new policies. And he might After the President’s speech tonight President chose, 2 years ago, rather start by working with Congress instead calling for more stimulus spending, the than to focus exclusively on jobs, to of writing in secret, without any con- Senate will vote on his request for an focus on health care. His proposal was sultation with Republicans, a plan that additional $500 billion increase in the to expand a health care delivery sys- the White House is calling bipartisan. debt limit, so Senators will have an op- tem that already cost too much, that With 14 million Americans out of portunity to vote for or against this was already too expensive. So we have work, job creation should be a no-poli- type of approach right away. new health care taxes and mandates tics zone. Republicans stand ready to Mr. President, I yield the floor. that make the economy worse. act on policies that get the private sec- Why do I say that? I met, for exam- f tor moving again. What we are reluc- ple, with the chief executive officers of tant to do, however, is to allow the RESERVATION OF LEADER TIME several of the nation’s largest res- President to put us deeper in debt to fi- The ACTING PRESIDENT pro tem- taurant companies. They reminded me nance a collection of short-term fixes pore. Under the previous order, the that restaurants and hospitality orga- or shots in the arm that might move leadership time is reserved. nizations in the United States are the the needle today but which deny Amer- f largest employers, outside of govern- ica’s job creators the things they need ment, and that their employees are to solve this crisis—predictability, sta- MORNING BUSINESS mostly young and mostly low income. bility, fewer government burdens, and The ACTING PRESIDENT pro tem- One of the chief executives said be- less redtape. Because while this crisis pore. Under the previous order, the cause of the mandates of the health may have persisted for far too long and Senate will be in a period of morning care law it would take all of his profits caused far too much hardship, one business for 1 hour, with Senators per- from last year to pay the costs, when it thing we do have right now is the ben- mitted to speak therein for up to 10 is fully implemented, so he will not be

VerDate Mar 15 2010 23:39 Sep 08, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.005 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5398 CONGRESSIONAL RECORD — SENATE September 8, 2011 investing in any new restaurants in the lating farm dust, as if everybody did and discussion about our values. Par- United States. Another said they oper- not know that all farms create dust. ents know our children are not being ate with 90 employees per store, but as More exports—the President could taught our common culture and our a result of the mandates and taxes in send, today, the three trade agree- shared values. the health care law, their goal will be ments to Congress. We could ratify National tests show that three- to operate with 70 employees per store. them and then crops grown in Ten- fourths of the Nation’s 4th, 8th, and One of the largest employers is saying nessee and Nebraska and every other 12th graders are not proficient in civics instead of having 90 employees per State in this country, and auto parts, knowledge, and one-third don’t even store, we are going to have 70. That and medical devices, could be sold have basic knowledge, making them doesn’t help create new jobs in the around the world. Our State alone has civic illiterates. That is why I made United States. $23 billion and tens of thousands of jobs making American history and civics Let’s take the debt. The President in- tied up in exports. This could add to the subject of my maiden speech when herited the debt but he has made it that. I first came to the Senate in 2003, and worse. The economists who look at In addition to that, we could agree on by a vote of 90 to 0 the Senate passed debt say we are heading toward a level advanced research. The President’s rec- my bill to create summer residential that will cost us, in the United States, ommendations have been good on that. academies for outstanding teachers of 1 million jobs every year. But we should agree on that and move American history and civics. Every Undermining the right-to-work law— ahead with appropriations bills and a year I bring them on the Senate floor, the President’s appointees to the Na- fiscal situation that permits us to do and those teachers from all over our tional Labor Relations Board have told the kind of advanced research we need country have a moment to think about the Nation’s largest manufacturer of to do to create jobs. this Senate. They usually go find a large airplanes that they cannot build We need to fix No Child Left Behind. desk of the Senator from Alaska, if a plant in South Carolina. It is the Better schools mean better jobs. We they are an Alaskan teacher, or the first new plant to build large airplanes need a long-term highway bill. We need Senator from Tennessee, or Daniel in 40 years in this country. The Boeing roads and bridges in order to have the Webster’s desk, or Jefferson Davis’s Company sells those airplanes every- kind of country we want. We need to desk, and they stop and think about where in the world. It could build them find more American energy and use our country in a special way. anywhere in the world. We want them less. We should be able to agree on The purpose of those teachers is bet- to build them in the United States. that. ter teaching, and the purpose of the Those kinds of actions by the National There is an agenda, not of more academy is more learning of key Labor Relations Board make it worse. spending, not of more taxes, not of events, key persons, key ideas, and key Regulations that put a big wet blan- more regulation, but an agenda that documents that shape the institutions ket over job creation, such as the one would make it easier and cheaper to of the democratic heritage of the the Senator from Nebraska talks create private sector jobs and get the United States. about, make it worse. The President’s economy moving again. If I were teaching about September refusal to send trade agreements to In another time a President named 11, these are some of the issues I would Congress makes it worse. Let’s be clear Eisenhower said ‘‘I should go to Korea’’ ask my students to consider. No. 1, is about this. Since the day the President and he was elected President. He went September 11 the worst thing that ever took office, he has had on his desk to Korea before he was inaugurated and happened to the United States? Of three trade agreements, already signed then he said ‘‘I shall focus my time on course the answer is no, but I am sur- by both countries. They simply need this single objective until I see it all prised by the number of people who say approval by Congress—one with Pan- the way through to the end.’’ The coun- yes. It saddens me to realize that those ama, one with South Korea, one with try felt good about that, they had con- who make such statements were never Colombia. We are ready to approve fidence in him, he did that, and the Ko- properly taught about American his- them in a bipartisan way if he will send rean war was ended. tory. Many doubted that we would win them here. What will that mean in President Obama chose, instead of fo- the Revolutionary War. The British Tennessee? We make a lot of auto parts cusing on jobs 21⁄2 years ago in the sacked Washington and burned the in Tennessee. We can sell them to same sort of Presidential way, to ex- White House to the ground in the War South Korea. At the present time, Eu- pand a health care delivery system of 1812. In the Civil War we lost more ropeans sell them to South Korea at a that already was too expensive and in Americans than in any other conflict, lower price because of the tariff situa- fact makes the problem worse. Tonight with brother fighting against brother. tion, because the President has not is an opportunity to make it better and The list goes on. Children should know sent the three trade agreements to we are ready to join with him in doing why we made those sacrifices and Congress. So all these steps have made that, especially if he were to rec- fought for the values that make us ex- the economy worse. Of course, with a ommend lower tax rates, fewer loop- ceptional. bad economy home values have stayed holes on a permanent basis, fewer regu- The second question I would talk down. That is making it worse, too. lations, and if he were to send the about is, What makes America excep- So what can we do about this? What three trade agreements to us to ratify. tional? I began the first session of a are the kinds of things the President I wish to turn my attention to a dif- course I taught at Harvard’s Kennedy could talk about tonight and that we ferent subject. September 11 is Sunday. School of Government 10 or 11 years could work on together to make it I listened carefully, as most of us in ago by making a list of 100 ways Amer- easier and cheaper to create private the Senate do, to words that seem to ica is exceptional, unique—not always sector jobs? We could change the tax resonate with my audiences. I have better but unique. America’s structure in a permanent way, not consistently found there is one sen- exceptionalism has been a source of short-term fixes but long-term low- tence that I usually cannot finish with- fascination ever since Tocqueville’s ering of tax rates for everyone, closing out the audience interrupting me be- trip across America in 1830 when he loopholes, creating a situation where fore breaking into applause, and it is met Davy Crockett and Jim Bowie on our businesses are more competitive in this: ‘‘It is time to put the teaching of the Mississippi River. His book, ‘‘De- the world marketplace. That is one American history and civics back into mocracy in America,’’ is the best de- thing we could do. its rightful place in our schools so our scription of America’s unique ideals in We could stop the avalanche of regu- children can grow up learning what it action. Another outstanding text is lations that is throwing the big wet means to be an American.’’ The terror- ‘‘American Exceptionalism’’ by Sey- blanket over job growth. The Senator ists who attacked us on September 11 mour Martin Lipset. from Nebraska suggested a few—a mor- were not just lashing out at buildings A third question I ask my students atorium on new regulations; avoiding and people. They were attacking who is, Why is it you cannot become Japa- guidance, as he suggested, that cir- we are as Americans. Most Americans nese or French, but you must become cumvents the rules or regulations; know this, and that is why there has an American? If I were to immigrate to stopping wacky ideas such as regu- been a national hunger for leadership Japan, I could not become Japanese. I

VerDate Mar 15 2010 23:39 Sep 08, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.027 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5399 would always be an American living in they become American citizens. This is plane flying low over the Potomac, and Japan. But if a Japanese citizen came an oath that goes all the way back to I saw a big plume of smoke, which ob- here, they could become an American, the days of George Washington and viously was the plane aimed at the and we would welcome that person Valley Forge. It reads like it was writ- Pentagon. I said to myself, ‘‘World War with open arms. Why? It is because our ten in a tavern by a bunch of patriots III has started.’’ identity is not based on ethnicity but in Williamsburg late one night. I re- I quickly called my wife, and our on a creed of ideas and values in which cited this with my right hand up dur- first concern was our daughter who most of us believe. ing a speech I recently gave on my went to high school just a few blocks The story Richard Hofstadter wrote: American history and civics bill. It is from the World Trade Center. We didn’t It is our fate as a nation not to have quite a weighty thing and startles the know what happened. The towers were ideologies, but to be one. audience to say: on fire. We actually took out the alma- To become American citizens immi- I absolutely renounce and abjure all alle- nac to see how high the trade center grants must take a test demonstrating giance and fidelity to any foreign prince, po- was to see whether it could fall in the their knowledge of American history tentate, state, or sovereignty [and agree to] direction of her school and whether it and civics. bear arms on behalf of the United States would hit it. For 5 hours, we couldn’t Fourth, what are the principles that when required by the law. find Jessica. They had successfully unite us as Americans? In Thanks- The oath to become an American evacuated the school, but because they giving remarks after the September 11 taken by George Washington and his shut down the elevators in the school, attacks, President George W. Bush men and now taken today in court- they all had to walk down the stairs. praised our Nation’s response to terror. houses all across America is a solemn, She was on the ninth floor, and, being ‘‘I call it the American character,’’ he weighty matter. Our history is a strug- Jessica, she escorted an elderly teacher said. gle to live up to the ideas that have who couldn’t get down very quickly Former Vice President Gore, in his united us and that have defined us and lost her way from the group. Of speech after the attacks, said: from the very beginning, the principles course, praise God, we found her. We should fight for the values that bind us of what we call the American char- That was just the beginning of the together as a country. acter. If that is what students are anguish. The next day, Senator Clinton In my Harvard course that I men- taught about September 11, they will and I flew to New York. I will never tioned, we put together a list of some not only become better informed, they forget that scene. I think of it just of those values: liberty, e. pluribus will strengthen our country for genera- about every day. The smell of death unum, equal opportunity, individ- tions to come. was in the air. The towers were still ualism, rule of law, free exercise of re- I yield the floor and note the absence burning. People were rushing to the ligion, separation of church and state, of a quorum. towers—firefighters, police officers, laissez-faire, and the belief in progress, The PRESIDING OFFICER. The construction workers—to see if they the idea that anyone can do anything. clerk will call the roll. could find the missing. The most poign- Anything is possible if we agree on The legislative clerk proceeded to ant scene I think of all the time is lit- those principles. call the roll. erally hundreds of people, average I would say to my students, Why is Mr. SCHUMER. Mr. President, I ask folks of every background, holding up there so much division in American unanimous consent that the order for little signs—‘‘Have you seen my daugh- politics? Just because we agree on the the quorum call be rescinded. ter Sally?’’ with a picture, ‘‘Have you values doesn’t mean we agree on how The PRESIDING OFFICER. Without seen my husband Bill?’’—because at to apply those values. Most of our poli- objection, it is so ordered. that point we didn’t know who was lost tics, in fact, is about the hard work of Mr. SCHUMER. Mr. President, how and who was not. It was a very rough applying those principles to our every- much time is left on the majority side time, and we think of it every day. day lives. When we do, we often con- in morning business? We know what happened, and it is flict. The PRESIDING OFFICER. There is something that will remain in our For example, when discussing Presi- 19 minutes remaining. minds for the rest of our lives but, of dent Bush’s proposals to let the Fed- f course, not close to those who lost eral Government fund faith-based char- loved ones either during the horrible REMEMBERING 9/11 ities, we know, in God we trust—we conflagration or in these later years. have it here in the Senate—but we also Mr. SCHUMER. Mr. President, we are Now is the time for the 10th anniver- know we don’t trust government with now approaching the 10th anniversary sary, so it is a good time to take stock God. When considering whether the of 9/11. As with countless others who of the effect of the trauma and what it Federal Government should pay for experienced all that happened that day, means, both locally and nationally. scholarships that middle- and low-in- recounting 9/11, assessing its implica- Obviously, every one of us in Amer- come families might use at any accred- tions on our Nation is both a profound ica was scared, shocked, traumatized, ited school—public, private, or reli- and deeply personal undertaking. horrified, angry, and heartbroken. At gious—some object that the principle I will never forget the moments when first, we didn’t know what happened. of equal opportunity can conflict with I learned what happened. I was in the Then, as we learned who had attacked the principle of separation of church House gym. I was a Senator then and us and why, we had to confront a crisis and state. still went to the House gym. There is a for which we didn’t feel prepared. It What does it mean to be an Amer- little TV on top of the lockers, and was an experience we as New Yorkers ican? After September 11, I proposed an somebody pointed out—one of our col- and Americans were not used to at all. idea I call Pledge Plus Three. Why not leagues who was in the House with me We felt so vulnerable. Were we now start each school day with the Pledge from the other side of the aisle said: going to be the subject of attack after of Allegiance—as many schools still Look on the TV. It looks like a plane attack from stateless, nihilistic en- do—and then ask a teacher or a student has crashed into the World Trade Cen- emies we poorly understood and were to take 3 minutes to explain what it ter. even more poorly prepared to fight? means to be an American. I would bet We all gathered around and watched There was this doctrine of asymmet- the best 3-minute statements of what the TV and came to the conclusion rical power: Small groups living in it means to be an American would that it was probably a little turbo caves were empowered by technology come from the newest Americans. At plane that had lost its way. We kept to do damage to us—horrible damage— least that was the case with my univer- our eyes on the TV, and then, of that we couldn’t stop. Could it be that sity students. The newest Americans course, we saw the second plane hit the our vast military was a poor match for appreciated this country the most and second tower, and we knew it was not a small group of technologically savvy could talk about it the best. just an accident. extremists bent on mass murder and Ask students to stand and raise their I quickly showered, dressed, rushed mayhem, directed from half a world right hands and recite the oath of alle- to get into my car, and as I was driving away? It seemed more likely—certain giance just as immigrants do when quickly to my office, I saw another even—that attack after attack would

VerDate Mar 15 2010 23:39 Sep 08, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.012 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5400 CONGRESSIONAL RECORD — SENATE September 8, 2011 come our way from a small group will- rative, not vituperative; they were bal- front, we crafted the $20 billion aid ing to use any tactic, from a box cutter anced and fair; they were bold and deci- package to rebuild New York. On an- and a loaded plane to weapons of mass sive; and they were both short- and other, we crafted the PATRIOT Act. On destruction, focused solely on massive long-term focused. Let’s take a quick still another, the military and intel- loss of life and damage to the economy, look at each. ligence communities planned the inva- not to mention to our collective psyche We were nonideological. Post-9/11, we sion of Afghanistan to root out al- and confidence as a people. were driven primarily by facts, not pri- Qaida. These were big moves, with It certainly was a hammer blow to marily by ideology. We asked, ‘‘What massive implications for life, the na- the great city in which I live and have does the situation require and how tional coffers, and the structure of our lived my whole life. It raised the ques- might we best execute that’’ not, ‘‘How society. None of the moves was perfect, tion of its future. People everywhere can I exploit this situation to further but rather than, for example, derail the were writing the obituaries on down- my world view or political agenda or $20 billion aid package to New York be- town Manhattan. People and busi- pecuniary self-interest?’’ We didn’t cause you might think we do not have nesses were leaving or seriously con- have a debate about the nature of gov- the money to spend or blocking the templating leaving. Being diffuse was ernment and whether or how we ought PATRIOT Act because you believe it the answer, not concentrated. Some to support disaster victims or the need does not do enough to produce civil lib- wrote that maybe now densely popu- for housing or to get small businesses erties, in the period after 9/11, those lated, diverse cities such as New York and not-for-profits back open, nor did with objections made a good-faith ef- would no longer have a future. A per- we wring our hands about the appro- fort to have their points included in manent exodus seemed imminent. priateness of rebuilding infrastructure nascent legislation, and had some real Downtown New York would become a or responding to the lack of insurance success, such as building in punish- ghost town. Who would work here available for developers; rather, we at- ments against those who leak informa- again? Who would live here? Who would tacked each problem as it became ap- tion obtained from wiretaps or pre- dine or see a show here? What global parent. We professionally engaged, we venting information from unconstitu- firm would locate thousands of jobs compromised, and we hammered out a tional searches from abroad from being here? It was not an exaggeration to say plan to address each problem as it used in a legal proceeding. that New York’s days as the leading arose. And we did it fast. city on the global stage seemed as We were tempered in our partisan- But, in the end, on the PATRIOT though they could be over. ship. Partisanship is never absent from Act, for example, Democrats—who But our response was immediate, the public stage, but the degree to were in the minority and could have proactive, unified, and successful. In which it is the dominant element in played the role of blocker—let it pass the days, weeks, and first months after the many influences on public policy with a pledge to improve it over time, 9/11, America as a society and, by ex- waxes and wanes. In the days after 9/11, rather than scuttling it entirely, be- tension, its political system came to- we were able to keep partisanship on a cause while there were parts of it that gether and behaved in a remarkable short leash. some disagreed with strongly, there way. New Yorkers, as always, did the I remember being in the Oval Office were parts that were absolutely nec- same. There immediately developed a the day after I visited New York with essary. sense of shared sacrifice and common Senator Clinton, and we told President Compare this to our current stale- purpose that gave rise to a torrent of Bush of the damage in New York. I mate on fiscal policy and the economy, actions in the private and public asked the President: We need $20 bil- where time after time the ‘‘my way or spheres. lion in New York; we need a pledge im- the highway’’ view seems to prevail, Amongst the American people, there mediately. Without even thinking, the leading to inaction, gridlock, and fail- was an unprecedented outpouring of President said yes. New York is a blue ure to do what the economy truly voluntary help—a tradition deeply State, one that didn’t support Presi- needs. rooted in our American tradition of dent Bush. He didn’t stop and weigh We were balanced and fair. On the community service and voluntary ac- and calculate politically; he said yes, one hand, we were pragmatic. We made tion noted by observers as far back as and, to his credit, he stuck by that the airlines and owners of the World Alexis de Tocqueville, who, in the ear- promise in the years to come. Trade Center and other potential tar- liest days of our Republic, observed: We were collaborative, not vitupera- tive, unlike recent tragedies, such as gets immune from potentially bank- Americans of all ages, all conditions, all rupting lawsuits. It was not an easy de- minds constantly unite. Not only do they the Fort Hood shooting, where some have commercial and industrial associations sought to heap blame on President cision. It was strenuously opposed by in which all take part, but they also have a Obama, or the Gabby Giffords shooting, some in the trial bar and other Demo- thousand other kinds: religious, moral, where premature blame was mistak- cratic allies, but it was a reasonable grave, futile, very general and very par- enly directed at the rightwing for spur- one. ticular, immense and very small. ring the attacker which, in turn, begat On the other hand, we were just. We Fueled by this reaction, our govern- a round of unseemly recriminations. created, with billions in financing, the ment went to work immediately, at all Unlike those examples, following 9/11, Victims Compensation Fund, the VCF, levels, collaborating on the Federal, people refrained from using the power- so no victim or their loved one would State, and local levels. ful and exploitable event as an oppor- be denied access to justice. It proved to In Washington, DC, the policy re- tunity to blame President Bush or be a win-win. The crippled airline in- sponse to the situation at hand was re- President Clinton for letting an attack dustry, so critical to our economy, was markable for its productivity, its ex- happen. able to get back up and running, and traordinary speed, and, overall, the Rather than looking back and hang- every injured person or loved one of positive impacts it made both in the ing an iron collar of blame around the those lost had an expedited and fair short term and long term. All of what neck of a President to score political system to pursue a claim of loss. we did was far from perfect, but when points, people from both parties were our government is able to be this nim- willing to look forward, to plan for- This harkened back to the kind of ble, responsive, and effective, it is ward, and to act forward. This, in turn, grand bargains on big issues that are worth asking what the elements of its helped create a climate where collabo- the very foundation of effective gov- success were so that we might think ration was possible. And, to his credit, ernment in the system of diffused about how we can apply them to future the President, as I mentioned, did not power that we were bequeathed by our situations such as the one we are in think about the electoral map or polit- Founders, the kind of bargains the cur- now. ical implications of supporting New rent state of politics make so elusive If I were to characterize our policy York. today. actions post-9/11, I would say they were We were bold and decisive. We did not We were short- and long-term fo- nonideological, practical, partisanship shrink from the big thing or fail to act cused. We were concerned with both was subdued; the actions were collabo- on multiple levels at once. On one short-term support, via FEMA aid to

VerDate Mar 15 2010 23:39 Sep 08, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.006 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5401 homeowners, renters, and small busi- up, put their lives on the line, and the economy and the drive to rein in nesses, and with long-term competi- throw their backs into the task at hand the deficit. Globally, we are confronted tiveness. We invested heavily in trans- without waiting to be asked. by an uncertain place in an increas- portation infrastructure to move mil- I am certain that the American peo- ingly competitive world. lions in and out of the central business ple would come together and find Finally, our challenges are psycho- districts, even while we supported the countless ways to donate their time, logical and emotional and aspirational, arts, community groups, parks, non- their energy, their ideas, and their much as they were in the darkest hours profits, and more to create the vibrant compassion to the cause at hand. and days after 9/11, and these doubts and growing 24/7 downtown we have But what of our political system? whisper to us the following questions: today—a hub that is at the very center I am an optimist, so I want to believe Are we no longer able to tackle the big of the Nation’s economy and culture— the answer is yes. But I am also a real- issues? Are we a nation in decline? far from the horrible view we had that ist, and a very engaged player on the I am not saying the challenges we the downtown would become a ghost Washington scene, who has just been face today are an exact parallel for town shortly after 9/11. through the debt ceiling brinksman- what we faced then. It is obvious they In short, the response to 9/11 by all ship, amongst other recent battles, and are not. Nor are all the conditions the Americans, by both parties, is a road- that realistic part of me is not so sure same. But today’s challenges—from the map for how our political system ought the answer is yes. economic to the global to the social— to function but is not now functioning. Today, would we still pass a bipar- are not intractable, and if any one of I am not a Pollyanna. I understand tisan $20 billion aid package to the af- our current dilemmas were subject to the inherent nature of conflict in the flicted city or would we say that is not the same policy environment we had political realm, and I often partake in my region or would we fail to take the post-9/11, I have no doubt we would make substantial progress in tackling it. I also know the trauma of 9/11 was long view and say we cannot afford to spend lavish sums of money like that; it. uncommon, and made possible uncom- Confronted with a more profound, we have to spend within our means. mon action. Then we had both the complex, and existential challenge on Would we be capable of coming to- shocking murder of thousands of inno- 9/11, we rose to the occasion. We con- gether to pass a grand bargain such as cent victims, the heroism of the re- fronted the problem before us with the one that immunized the airlines sponders to inspire us, and the advan- uniquely American doggedness, prag- from lawsuits and created the Victims tage of a common enemy to unite us. matism, creativity, collaboration, and Compensation Fund or instead would But what we were able to achieve optimism—optimism—because that is we embrace the politics of asphyxia- then in terms of common purpose and what Americans do and that is who we tion and find every excuse to block get- effective collective action provides us are. We believe that no matter how bad ting to ‘‘yes’’ in order to prevent our with a model for action that we in it gets—whether hunkered down for the Washington must strive to emulate political opponents from appearing to winter in Valley Forge after a series of and—even if just in part, even if just achieve something positive. humiliating military defeats or arriv- Would all parties refrain from using sporadically—to recreate. We should ing, like Lincoln, in Washington, DC, look back to what happened during 9/11 the occasion to place blame on the in 1860 to find half our Nation and next- and apply it to our own time and see President and on each other to gain door neighbor States are attempting to how we can make ourselves better and relative political advantage or would destroy our Union or FDR confronting, break the kind of gridlock, partisan- we hear, first, the leaked whispers, in 1932, 25-percent unemployment and ship, finger pointing that seems to then the chatter, then the recrimina- an unprecedented deflationary spiral in dominate our politics today, only 10 tions that build to the ugly echo cham- a modern industrial-financial economy years later. ber of vituperation that has been the or believing that, indeed, all people are As we survey the current state of our sad hallmark of more recent tragedies created equal, even while you were national psyche and the ability of our and national security events. rudely ushered to the back of the bus political system to debate and then im- This political accord following 9/11 or facing down the totalitarian threats plement effective policy actions for the had its limits, especially in the after- of fascism and communism, and believ- challenges that confront us, it is pain- math of our invasion of Iraq, when one ing that, yes, we will tear that wall fully clear that, in a relative blink of key rationale for going to war was dis- down—Americans believe in a brighter the eye, the ability of our political sys- credited. But even for those who came tomorrow. We believe in our ability as tem to muster the will to take nec- to view our involvement as distracting a people, individually and collectively, essary actions for the common good and wrong—distracting from the more both through private action and via has degenerated to a place that is important political objective of rooting our elected representatives who make much too far away from our actions out al-Qaida and wrong because it our Nation’s policy, to get things done after 9/11. could not work; and there was a great to make that brighter tomorrow a re- The question that haunts me—and loss of life and treasure—even for those ality. should haunt all of us—is this: If, God of us who came to abhor the war in We have, as a nation, faced bigger forbid, another 9/11-like attack were to Iraq, it would have been unthinkable challenges. We have answered the call, happen tomorrow, would our national then to root against our country’s and 9/11 was one shining example. We political system respond with the same eventual success in Iraq. Compare that are in better shape now on many fronts unity, nonrecrimination, common pur- to now, when it is fathomable that as a result of the actions we took in pose, and effective policy action in the some would rather America not recover the immediate aftermath of 9/11, and way it did just 10 years ago or are our its economic strength and prowess just those are well known: rebuilding New politics now so petty, fanatically ideo- yet. York City, compensating families, logical, polarized, and partisan that we When we think back to where we flushing al-Qaida from its base in Af- would instead descend into blame and were then and to how we reacted and ghanistan, leading to the fact that brinksmanship and direct our fire in- compare it to challenges we confront Osama bin Laden is dead. ward and fail to muster the collective today, it is clear that while the sac- In the Middle East it is not, as we will to act in the interests of the Amer- rifice of the victims and the heroism of feared after 9/11, the hateful, myopic, ican people? the responders were eternal, our ability reactive philosophy of bin Laden that As I ponder it, I have every con- to sustain both the common purpose took hold and changed their societies. fidence that the first responders—cops, and effective political action they in- Rather, it is imbued with some decent firefighters, and others—would do now spired has proved all too ephemeral. measure of hope and optimism and as they did then. Their awe-inspiring I will not recount details of our cur- courage that created a cascading wave selflessness and bravery continues to rent dysfunction, but suffice it to say of political, social, and economic aspi- be a humbling wonder and an inspira- our politics are paralyzed. Domesti- ration that has transformed this region tion. cally, we are frozen in an illogical arm- from Tunisia and Libya to Egypt and I know our building trades workers wrestling match between the need to Syria, added and abetted by entrepre- would again drop everything and show get people back to work and jump-start neurial innovations pioneered here in

VerDate Mar 15 2010 03:30 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.007 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5402 CONGRESSIONAL RECORD — SENATE September 8, 2011 America. This transformation is not I yield the floor and suggest the ab- spent 12 years as a U.S. Attorney and without enormous dangers and chal- sence of a quorum. tried cases. I am well aware of how the lenges, but consider how much worse it The PRESIDING OFFICER (Mr. system works. The way the system would have been if a pro-bin Laden BROWN of Ohio). The clerk will call the works in America, you file lawsuits movement were fueling this trans- roll. and you are entitled to your day in formation. The assistant legislative clerk pro- court. But if you do not file your law- It is plain we need more of what we ceeded to call the roll. suit in time, within the statute of limi- had post-9/11 now. I am not naive. I Mr. SESSIONS. Mr. President, I ask tations, you are out. know it cannot be conjured up or unanimous consent that the order for When a defendant raises a legal point wished into existence. But if we are op- the quorum call be rescinded. of order—a motion to dismiss—based timistic, if we are inspired by the The PRESIDING OFFICER. Without on the failure of the complaining party Americans who died here, if we truly objection, it is so ordered. to file their lawsuit timely, they are understand our shared history and the f out. That happens every day to poor sacred place compromise and ration- CONCLUSION OF MORNING people, widow ladies. And it does not ality hold at the very center of the for- BUSINESS make any difference what your excuse mation of our Nation and the structure is, why you think you have a good law- The PRESIDING OFFICER. Morning of our Constitution, then we can again suit, why you had this idea or that business is closed. take up the mantle of shared sacrifice idea. Everyone is required to meet the and common purpose that we wore f same deadlines. after 9/11 and apply some of those be- LEAHY-SMITH AMERICA INVENTS In Alabama they had a situation in haviors to the problems we now con- ACT which a lady asked a probate judge front. The reality of our current political The PRESIDING OFFICER. Under when she had to file her appeal by, and climate is that both sides are off in the previous order, the Senate will re- the judge said: You can file it on Mon- their corners; the common enemy is sume consideration of H.R. 1249, which day. As it turned out, Monday was too faded. Some see Wall Street as the the clerk will report by title. late. They went to the Alabama Su- enemy many others see Washington, The assistant legislative clerk read preme Court, and who ruled: The pro- DC, as the enemy and to still others as follows: bate judge—who does not have to be a any and all government is the enemy. An Act (H.R. 1249) to amend title 35, United lawyer—does not have the power to I believe the greatest problem we States Code, to provide for patent reform. amend the statute of limitations. face is the belief that we can no longer AMENDMENT NO. 600 Sorry, lady. You are out. confront and solve the problems and Mr. SESSIONS. Mr. President, I ask Nobody filed a bill in the Congress to challenges that confront us; the fear unanimous consent to call up my give her relief, or the thousands of oth- that our best days may be behind us; amendment No. 600, which is at the ers like her every day. So Medco and that, for the first time in history, we desk. WilmerHale seeking this kind of relief fear things will not be as good for our The PRESIDING OFFICER. The is a big deal. To whom much has been kids as they are for us. It is a creeping clerk will report. given, much is required. This is a big- pessimism that cuts against the can-do The assistant legislative clerk read time law firm, one of the biggest law and will-do American spirit. And, along as follows: firms in America. Medco is one of the with the divisiveness in our politics, it The Senator from Alabama [Mr. SESSIONS], biggest pharmaceutical companies in is harming our ability to create the for himself, Mr. MANCHIN, Mr. COBURN, and the country. And presumably the law great works our forbears accomplished: Mr. LEE, proposes an amendment numbered firm has insurance that they pay to in- building the Empire State building in 600. sure them if they make an error. So it the teeth of the Great Depression, con- Mr. SESSIONS. Mr. President, I ask appears that they are not willing to ac- structing the Interstate Highway Sys- unanimous consent that the reading of cept the court’s ruling. tem and the Hoover Dam, the Erie the amendment be dispensed with. One time an individual was asking The PRESIDING OFFICER. Without Canal, and so much more. me: Oh, JEFF, you let this go. Give in While governmental action is not the objection, it is so ordered. and let this go. I sort of as a joke said whole answer to all that faces us, it is The amendment is as follows: to the individual: Well, if WilmerHale equally true that we cannot confront AMENDMENT NO. 600 will agree not to raise the statute of the multiple and complex challenges (Purpose: To strike the provision relating to limitations against anybody who sues we now face with no government or a the calculation of the 60-day period for ap- their clients if they file a lawsuit late, defanged government or a dysfunc- plication of patent term extension) maybe I will reconsider. He thought I tional government. On page 149, line 20, strike all through page was serious. Of course WilmerHale is 150, line 16. As we approach the 10th anniversary not going to do that. If some poor per- of 9/11, the focus on what happened that Mr. SESSIONS. Mr. President, the son files a lawsuit against someone day intensifies—what we lost, who we amendment that I have offered is a they are representing, and they file it lost, and how we reacted—it becomes very important amendment. It is one one hour late, WilmerHale will file a acutely clear that we need to confront that I believe is important to the in- motion to dismiss it. And they will not our current challenges imbued with the tegrity of the U.S. legal system and to ask why they filed it late. This is law. spirit of 9/11 and determine to make the integrity of the Senate. It is a mat- It has to be objective. It has to be fair. our government and our politics wor- ter that I have been wrestling with and You are not entitled to waltz into the thy of the sacrifice and loss we suffered objecting to for over a decade. I U.S. Congress—well connected—and that day. thought the matter had been settled, start lobbying for special relief. To return to de Tocqueville, he also frankly, but it has not because it has remarked that: been driven by one of the most fero- There is nothing more complicated The greatness of America lies not in being cious lobbying efforts the Congress about that than this. So a couple of more enlightened than any other nation, but maybe has seen. things have been raised. Well, they sug- rather in her ability to repair her faults. The House patent bill as originally gest, we should not amend the House So, like the ironworkers and oper- passed out of committee and taken to patent bill, and that if we do, it some- ating engineers and trade workers who the floor of the House did not include a how will kill the legislation. That is miraculously appeared at the pile bailout for Medco, the WilmerHale law not so. Chairman LEAHY has said he hours after the towers came down with firm, or the insurance carrier for that supports the amendment, but he blowtorches and hard hats in hand, firm, all of whom were in financial doesn’t want to vote for it because it let’s put on our gloves, pick up our jeopardy as a result of a failure to file would keep the bill from being passed hammers and get to work fixing what a patent appeal timely. somehow. ails the body politic. It is the least we I have practiced law hard in my life. It would not keep it from being can do to honor those we lost. I have been in court many times. I passed. Indeed, the bill that was

VerDate Mar 15 2010 03:30 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.008 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5403 brought to the House floor didn’t have of the legal system at times and a sup- ought to pursue that. There are special this language in it. The first vote re- porter at times. I think they take a procedures. The litigation will be over, jected the attempt to put this language principled position in this instance. and they can bring that action at that in it. It failed. For some reason, in The Wall Street Journal editorial stat- time. some way, a second vote was held, and ed: That is the basic position we ought it was passed by a few votes. So they We take no pleasure in seeing the Medicine to be in. A bill that comes out of the are not going to reject the legislation Company and WilmerHale suffer for their Judiciary Committee ought to be sen- if we were to amend it. mistakes, but they are run by highly paid sitive to the legal system, to the im- What kind of system are we now in- professionals who know the rules and know portance of ensuring that the poor are volved in in the Senate if we can’t undo that consistency of enforcement is critical treated as well as the rich. The oath an amendment? What kind of argument to their businesses. Asking Congress to judges take is to do equal justice to the break the rules as a special favor corrupts is it to say: JEFF, I agree with your the law. poor and the rich. amendment, and I agree it is right that How many other people in this coun- they should not get this special relief, I think that is exactly right. It is ex- try are getting special attention today but I can’t vote for it because it might actly right. Businesses, when they are on the floor of the Senate? How many? cause a problem? It will not cause a sued by somebody, use the statute of I truly believe this is not good policy. problem. The bill will pass. It should limitations every day. This law firm I have had to spend far more hours never have been put in there in the makes hundreds of millions of dollars fighting this than I have ever wanted first place. in income a year. Their partners aver- to when I decided 10 years ago that this Another point of great significance is age over $1 million a year, according to was not a good way to go forward. the fact that this issue is on appeal. the New York Times. That is pretty Many battle this issue, and I hope and The law firm asserted they thought— good. They ought to be able to pay a trust that the Members of the Senate and it is a bit unusual—that because it decent malpractice insurance pre- who will be voting on this will allow it came in late Friday they had until mium. The New York Times said to follow the legitimate process. Let Monday. We can count the days to WilmerHale reported revenues of $962 the litigation work its way through the Monday—the 60 days or whatever they million in 2010, with a profit of $1.33 system. had to file the answer. I don’t know if million per partner. If they do not prevail in the litiga- that is good law, but they won. The dis- Average people have to suffer when tion, let a private relief bill be sought trict court has ruled for them. It is on they miss the statute of limitations. and debated openly and publicly to see appeal now to the court of appeals. Poor people suffer when they miss the if it is justified. That would be the This Congress has no business inter- statute of limitations. But we are un- right way to do it—not slipping fering in a lawsuit that is ongoing and dertaking, at great expense to the tax- through this amendment and then not is before an appeals court. If they are payers, to move a special interest piece voting to remove it on the basis that so confident their district court ruling of legislation that I don’t believe can we should not be amending a bill before is correct, why are they continuing to be justified as a matter of principle. I us. We have every right to amend the push for this special relief bill, when agree with the Wall Street Journal bill, and we should amend the bill. I that the adoption of it corrupts the the court of appeals will soon, within a know Senator GRASSLEY, years ago, matter of months, rule? system. We ought not be a part of that. was on my side. I think it was just the Another point: We have in the Con- I love the American legal system. It two of us who took this position. gress a procedure to deal with special is a great system, I know. I have seen I guess I have more than expressed relief. If this relief is necessary at all, judges time and time again enter rul- my opinion. I thank the chairman for it should go through as a special relief ings based on law and fact even if they his leadership. I thank him and Sen- bill. I can tell you one reason it is not didn’t like it. That is the genius and ator GRASSLEY for their great work on going there now: you can’t ask for spe- reliability and integrity of the Amer- this important patent bill. I support cial relief while the matter is still in ican legal system. I do not believe we that bill. I believe they have moved it litigation, it is still on appeal. Special can justify, while this matter is still in forward in a fair way. relief also has procedures that one has litigation, passing a special act to give The chairman did not put this lan- to go through and justify in an objec- a wealthy law firm, an insurance com- guage into the bill; it was put in over tive way, which I believe would be very pany, and a health care company spe- in the House. I know he would like to healthy in this situation. cial relief. I just don’t believe we see the bill go forward without amend- For a decade, virtually—I think it should do that. I oppose it, and I hope ments. I urge him to think it through has been 10 years—I have been object- my colleagues will join us. and see if he cannot be willing to sup- ing to this amendment. Now we are I think we have a real chance to turn port this amendment. I am confident it here, I thought it was out, and all of a this back. Our Congress and our Senate will not block final passage of the leg- sudden it is slipped in by a second vote will be better for it; we really will. The islation. in the House, and we are told we just Citizens Against Government Waste I yield the floor. can’t make an amendment to the bill. have taken an interest in this matter The PRESIDING OFFICER. The Sen- Why? The Senate set up the legislation for some time. They said: ator from Vermont. to be brought forward, and we can offer Congress has no right to rescue a company Mr. LEAHY. Mr. President, I will amendments and people can vote for from its own mistakes. speak later about the comments made them or not. Companies have a right to assert the by the distinguished Senator from Ala- This matter has gotten a lot of atten- law. Companies have a right to assert bama. He has been very helpful in get- tion. The Wall Street Journal and the the law against individuals. But when ting this patent bill through. He is cor- New York Times both wrote about it in the time comes for the hammer to fall rect that this amendment he speaks to editorials today. This is what the New on them for their mistake, they want is one added in the other body, not by York Times said today about it: Congress to pass a special relief bill. I us. We purposely didn’t have it in our But critics who have labeled the provision don’t think it is the right thing to do. bill. I know Senator GRASSLEY will fol- ‘‘The Dog Ate My Homework Act’’ say it is Mr. President, let’s boil it down to low my remarks. really a special fix for one drug manufac- several things. First, if the company is There is no question in my mind that turer, the Medicines Company, and its pow- erful law firm, WilmerHale. The company right and the law firm is right that if the amendment of the Senator from and its law firm, with hundreds of millions of they did not miss the statute of limita- Alabama were accepted, it in effect dollars in drug sales at stake, lobbied Con- tions, I am confident the court of ap- will kill the bill. Irrespective of the gress heavily for several years to get the pat- peals will rule in their favor, and it merits, it can come up on another piece ent laws changed. will not be necessary for this Senate to of legislation or as freestanding legis- That is what the Wall Street Journal act. If they do not prevail in the court lation. That is fine. But on this bill, said in their editorial. The Wall Street of appeals and don’t win their argu- after 6 years of effort to get this far, Journal understands business reality ment, then there is a provision for pri- this bill would die because the other and litigation reality. They are a critic vate relief in the Congress, and they body will not take it up again.

VerDate Mar 15 2010 03:30 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.013 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5404 CONGRESSIONAL RECORD — SENATE September 8, 2011 HURRICANE IRENE While reports are still coming in Vermont, as it will be to other States Mr. LEAHY. Mr. President, I will use from the farms that were affected, the coping with the same disaster. I worry my time to note some of the things list of damages and the need for crit- the support they need to rebuild may happening in my own very special ical supplies, such as feed, generators, not be there, as it has been in past dis- State of Vermont, the State in which I fuel, and temporary fencing is on the asters, when we have rebuilt after hur- was born. rise. As we survey the farm fields and ricanes, floods, fires and earthquakes As Vermonters come together and communities, we know it will be dif- to get Americans back in their homes, continue to grapple with the aftermath ficult to calculate the economic im- something Vermonters have supported of storm damage from Irene, I wish to pacts of this violent storm on our agri- even though in these past disasters focus today on the agriculture disaster culture industry in Vermont. Vermont was not touched. that has hit us in Vermont and report Many of our farmers were caught by So I look forward to working with to the Senate and our fellow citizens surprise as the unprecedented, rapidly the Appropriations Committee and across the Nation about how the raging rising floodwaters inundated their with all Senators to ensure that floodwaters wreaked havoc on our crops, and many have had to deal with FEMA, USDA and all our Federal agen- farming lands and infrastructure in the deeply emotional experience of los- cies have the resources they need to Vermont. ing animals to the fast-moving flood- help all our citizens at this time of dis- It was 12 days ago now that this enor- waters. We have farms where whole aster, in Vermont and in all our states. mous, slow-moving storm hit Vermont fields were washed away and their fer- Unfortunately, programs such as the and turned our calm, scenic brooks and tile topsoil sent rushing down river. Emergency Conservation Program and creeks into raging gushers. In addition The timing could not have been worse. the Emergency Watershed Protect Pro- to our roads and historic covered Corn, which is a crucial winter feed for gram have been oversubscribed this bridges that were destroyed or carried dairy cows, was just ready for harvest, year, and USDA has only limited funds away, we had barns, farmhouses, crops, but now our best corn is in the river remaining. We also face the grim fact parts of fields, and livestock washed bottoms and is ruined. Other farms had that few of our farms had bought crop away in the rising floodwaters. I recall just prepared their ground to sow win- insurance and so may not be covered the comments of one farmer who ter cover crops and winter greens; they by USDA’s current SURE Disaster Pro- watched his herd of cows wash down lost significant amounts of topsoil. gram. the river, knowing they were going to River banks gave way, and we saw But those are the things I am work- die in the floodwaters. wide field buffers disappear overnight, ing on to find ways to help our farmers Now the cameras have begun to turn leaving the crops literally hanging on and to move forward to help in the away, but the cleanup and urgent re- ledges above rivers, as at the commitment to our fellow Americans. pairs are underway. For major parts of Kingsbury farm in Warren, VT. Vege- For a decade, we have spent billions Vermont’s economy, the worst effects table farming is Vermont’s fastest every single week on wars and projects of this storm are yet to come. For our growing agricultural sector, and, of in far-away lands. This is a time to dairy farmers, who are the bedrock of course, this is harvest season. Our start paying more attention to our our economy and keystones of our farmers were not able to pick these needs here at home and to the urgent communities, the toll of this disaster crops, this storm picked many fields needs of our fellow citizens. has been heavy and the crises has clean. I see my friend from Iowa on the lasted longer as they have struggled to Many Vermonters have highly pro- floor, and I yield the floor. take care of their animals while the ductive gardens that they have put up The PRESIDING OFFICER. The sen- floodwaters recede. for their families to get through the ior Senator from Iowa. This is a photograph of East winter by canning and freezing. Those AMENDMENT NO. 600 Pittsford, VT, taken by Lars Gange too have been washed away or are con- Mr. GRASSLEY. Mr. President, I rise just over a week ago. The water we see sidered dangerous for human consump- to rebut the points Senator SESSIONS is never there. It is there now. Look at tion because of the contaminated made, and I do acknowledge, as he said this farm’s fields, they are destroyed. floodwaters. Vermont farmers have a on the floor, that 2 or more years ago Look at homes damaged and think challenging and precarious future I was on the same page he is on this what that water has done. ahead of them as they look to rebuild issue. What has intervened, in the As I went around the state with our and plan for next year’s crops, knowing meantime, that causes me to differ Governor and Vermont National Guard that in our State it can be snowing in from the position Senator SESSIONS is General Dubie the first couple of days 11⁄2 or 2 months. taking? It is a district court case giv- after the storm hit, we went to these I have been heartened, however, by ing justice to a company—as one cli- places by helicopter and I cannot tell the many stories I have heard from ent—that was denied that sort of jus- you how much it tore at my heart to communities where people are coming tice because bureaucrats were acting in see the state, the birthplace to me, my together to help one another. For in- an arbitrary and capricious way. parents, and grandparents. To see stance, at the Intervale Community Senator SESSIONS makes the point roads torn up, bridges that were there Farm on the Winooski River, volun- you get equal justice under the law when my parents were children, washed teers came out to harvest the remain- from the judicial branch of government away. Historic covered bridges, mills, ing dry fields before the produce was and that Congress should not try to barns, businesses just gone and what it hit by still rising floodwaters. override that sort of situation. Con- has done to our farmers, it is hard, I When the rumors spread that Beth gress isn’t overriding anything with cannot overstate it. and Bob Kennett at Liberty Hill Farm the language in the House bill that he Our farmers have barns that are com- in Rochester had no power and needed wants to strike because that interest pletely gone, leaving no shelter for ani- help milking—well, people just started was satisfied by a judge’s decision; say- mals. They are left struggling to get showing up. By foot, on bike, all ready ing that a particular entity was denied water for their animals, to rebuild to lend a hand to help milk the cows. equal justice under the law because a fencing, to clean up debris from flooded Fortunately for them and for the poor bureaucrat, making a decision on just fields and barns, and then to get milk cows, the Vermont Department of Ag- exactly what counts as 60 days, was trucks to the dairy farms. Remember, riculture had managed to help get acting in an arbitrary and capricious these cows have to be milked every sin- them fuel and the Kennetts were milk- way. So this language in the House bill gle day. We also have farmers who do ing again, so asked the volunteer farm has nothing to do with helping a spe- not have any feed or hay for their ani- hands to go down the road, help some- cial interest. That special interest was mals because it all washed away. As body else and they did. satisfied by a judge who said an entity one farmer told me, the cows need to Coping with damage and destruction was denied equal justice under the law be milked two or three times every on this scale is beyond the means and because a bureaucrat was acting in an day, come hell or high water. This capability of a small State such as arbitrary and capricious manner. farmer thought he had been hit with ours, and Federal help with the re- This amendment is not about a spe- both, hell and high water. building effort will be essential to cial interest. This amendment is about

VerDate Mar 15 2010 23:39 Sep 08, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.013 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5405 uniformity of law throughout the coun- was treating everybody the same, so The government does not deny that when try because it is wrong—as the judge everybody gets equal justice under the notice of FDA approval is sent after normal says—for a bureaucracy to have one law, they know what the law is, and business hours, the combination of the Pat- they don’t have to rely upon maybe ent and Trademark Office’s calendar day in- sort of definition of when 60 days be- terpretation and its new counting method ef- gins—whether it is after business some court decision in one part of the fectively deprives applicants of a portion of hours, if something goes out, or, if country that maybe they can argue in the 60-day filing period that Congress ex- something comes in, it includes the another part of the country, and also pressly granted them . . . Under PTO’s inter- day it comes in. So we are talking to tell bureaucrats, as the judge said, pretation, the date stamped on the FDA ap- about how we count 60 days, and it is that you can’t act in an arbitrary and proval letter starts the 60-day period for fil- about making sure there is a uniform capricious way. But bureaucrats might ing an application, even if the Food and Drug standard for that based upon law act in an arbitrary and capricious way, Administration never sends the letter . . . in a way unknown to them, if we don’t An applicant could lose a substantial por- passed by Congress and not upon one tion, if not all, of its time for filing a Patent judge’s decision that applies to one spe- have a uniform definition of what a Trademark Extension application as a result cific case. business day is. of mistakes beyond its control . . . An inter- I would say, since this case has been So I oppose the effort to strike sec- pretation that imposes such drastic con- decided, there are at least three other tion 37 from the patent reform bill for sequences when the government errs could entities that have made application to the reasons I have just given, but also not be what Congress intended. the Patent Office to make sure they for the reasons that were already ex- So the judge is telling us in the Con- would get equal justice under the law pounded by the chairman of this com- gress of the United States that because in the same way the entity that got mittee that at this late date, after 6 we weren’t precise, there is a question help through the initial decision of the years of trying to get a patent reform as to when Congress intended 60 days judge. So this is not about special re- bill done—and we haven’t had a patent to start to toll. And the question then lief for one company. This is about reform bill for over a decade, and it is is, If it is treated one way for one per- what is a business day and having a badly needed—we shouldn’t jeopardize son and another way for another per- uniform definition in the law of the the possible passage of this bill to the son, or if one agency treats it one way United States of what a business day President of the United States for his and another agency treats it another is, not based upon one district court signature by sending it back to the way, is that equal justice under the decision that may not be applied uni- other body and perhaps putting it in law? I think it is very clear that the formly around our Nation. jeopardy. But, most important, I think judge said it was not. I say the judge So it is about uniformity and not we ought to have a clear signal of what was correct. Congress certainly should about some bailout, as Senator SES- is a business day, a definition of it, and not expect nor allow mistakes by the SIONS says. It is not about some fero- this legislation and section 37 makes bureaucracy to up-end the rights and cious lobbying effort, as Senator SES- that very clear. provisions included in the Hatch-Wax- SIONS has said. It is not just because This past June, I addressed this issue man Act or any other piece of legisla- one person was 1 hour late or 1 day in a floor statement, and I want to tion we might pass. late, because how do you know whether quote from that because I wanted my The court ruled that when the Food they are 1 hour late or 1 day late if colleagues to understand why I hoped and Drug Administration sent a notice there is a different definition under one the House-passed bill would contain of approval after business hours, the 60- circumstance of when 60 days starts section 37 that was not in our Senate day period requesting patent restora- and another definition under other cir- bill but that was passed out of the tion begins the next business day. It is cumstances of when a 60-day period House Judiciary Committee unani- as simple as that. tolls? mously. Speaking as ranking member The House, by including section 37, Also, I would suggest to Senator SES- of the Senate Judiciary Committee takes the court case, where common SIONS that this is not Congress inter- now and back in June when I spoke, I sense dictates to protect all patent fering in a court case that is under ap- wanted the House Judiciary Committee holders against losing patent exten- peal because the government lost this to know that several Republican and sions as a result of confused counting case and the government is not appeal- Democratic Senators had asked me to calculations. Regrettably, misunder- ing. Now, there might be some other support this provision as well. standings about this provision have Section 37 resulted from a recent entity appealing for their own interests persisted, and I think you hear some of Federal court case that had as its gen- to take advantage of something that is those misunderstandings in the state- esis the difficulty the FDA—the Food very unique to them. ment by Senator SESSIONS. and Drug Administration—and the Pat- But just in case we have short memo- This provision does not apply to just ent Office face when deciding how to ries, I would remind my colleagues one company. The truth is that it ap- calculate Hatch-Waxman deadlines. that Congress does sometimes interject plies to all patent holders seeking to The Hatch-Waxman law of the 1980s itself into the appeal process, and I restore the patent term time lost dur- was a compromise between drug patent would suggest one time we did that ing FDA deliberations—in other words, holders and the generic manufacturers. very recently, maybe 6 years ago—and allowing what Hatch-Waxman tries to Under the Waxman-Hatch law, once a that may not be very recent, but it is accomplish: justice for everybody. In patent holder obtains market approval, not as though we never do it—and that recent weeks, it has been revealed that the patent holder has 60 days to re- was the Protection of Lawful Com- already three companies covering four quest the Patent Office to restore the drug patents will benefit by correcting merce Act of 2005, when Congress inter- patent terms—time lost because of the the government’s mistake. jected itself into an issue to protect FDA’s long deliberating process eating gun manufacturers from pending law- It does not cost the taxpayers money. up valuable patent rights. The Congressional Budget Office deter- suits. It happens that 81 Senators sup- The citation to the case I am refer- mined that it is budget-neutral. ported that particular effort to inter- ring to is in 731 Federal Supplement Section 37 has been pointed out as ject ourselves into a lawsuit. 2nd, 470. The court found—and I want maybe being anticonsumer, but it is So, Mr. President, in a more formal to quote more extensively than I did anything but anticonsumer. I would way, I want to repeat some of what I back in June. This is what the judge quote Jim Martin, chairman of the 60– said this past summer when I came to said about bureaucrats acting in an ar- Plus Association. He said: the Senate floor and suggested to the bitrary and capricious way and when House of Representatives that I would does the 60 days start. We simply can’t allow bureaucratic incon- appreciate very much if they would put sistencies to stand in the way of cutting- The Food and Drug Administration treats edge medical research that is so important into the statutes of the United States a submissions to the FDA received after its uniform definition of a business day to the increasing number of Americans over normal business hours differently than it the age of 60. This provision is a common- and not leave it up to a court to maybe treats communications from the agency sense response to a problem that unneces- set that standard so that it might not after normal business hours. sarily has ensnared far too many pharma- be applied uniformly and, secondly, to Continuing to quote from the deci- ceutical companies and caused inexcusable make sure it was done in a way that sion: delays in drug innovations.

VerDate Mar 15 2010 23:39 Sep 08, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.014 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5406 CONGRESSIONAL RECORD — SENATE September 8, 2011 We have also heard from prominent have labeled it as something a lot ment rather than to have a clear, con- doctors from throughout the United more. A patent holder on a drug is en- sistent definition? Let’s actually try to States. They wrote to us stating that titled by statute to apply for an exten- put this issue to bed once and for all. section 67 ‘‘is critically important to sion of its patent term to compensate The provision may solidify Medco’s medicine and patients. In one case for any delay the Food and Drug Ad- patent term extension, but it applies alone, the health and lives of millions ministration approval process caused generally, not to this one company, as of Americans who suffer from vascular in actually bringing the drug to mar- has been suggested. It brings common disease are at stake . . . Lives are lit- ket. The patent holder not only has to sense to the entire filing system. erally at stake. A vote against this file the extension within 60 days begin- However, if the Senate adopts the provision will delay our patients access ning on the date the product received amendment of the Senator from Ala- to cutting-edge discoveries and treat- permission for marketing, but there is bama, it will lead to real conflict with ments. We urgently request your help some ambiguity as to when the date is the House. It is going to complicate, in preserving section 37.’’ that starts the clock running. delay, and probably end passage of this So section 37 improves our patent Only in Washington, DC, could the important bipartisan jobs-creating leg- system fairness through certainty and system produce such absurd results islation. Keep in mind, yesterday I said on the clarity, and I urge my colleagues to that the word ‘‘date’’ means not only floor that each one of us in this body join me in voting to preserve this im- something different between two agen- could write a slightly different patent portant provision as an end in itself, cies—the PTO and the FDA—but then bill. But we do not pass 100 bills, we but also to make sure we do not send it is given two different constructions pass 1. This bill is supported by both this bill back to the House of Rep- by the FDA. If this sounds kind of eso- Republicans and Democrats across the resentatives and instead get it to the teric, it is. I have been working on this political spectrum. People on both President, particularly on a day like for years and it is difficult to under- sides of the aisle have been working on today when the President is going to be stand. But the courts have codified it. this issue for years and years in both speaking to us tonight about jobs. I Let’s not try to change it yet again. bodies. We have a piece of legislation. What happens is that the FDA treats think having an updated patent law Does everybody get every single thing submissions to it after normal hours as will help invention, innovation, re- they want? Of course not. I am chair- being received the next business day. search, and everything that adds value man of the Senate Judiciary Com- But the dates of submissions from the to what we do in America and preserve mittee. I don’t have everything in this America’s greatness in invention and FDA are not considered the next busi- bill I want, but I have tried to get the advancement of science. ness day, even if sent after hours. To something that is a consensus of the In conclusion, I would say it is very complicate matters, the PTO recently large majority of the House and the clear to me that the court concluded changed its own method of defining Senate, and we have done this. that the Patent and Trademark Office, what is a ‘‘date.’’ In this instance, in this particular and not some company or its lawyers, If this sounds confusing even in amendment, the House expressly con- had erred, as is the implication here. A Washington, you can imagine how it is sidered this matter. They voted with a consistent interpretation ought to outside of the bureaucracy. Confusion bipartisan majority to adopt this pro- apply to all patent holders in all cases, over what constitutes the ‘‘date’’ for vision the amendment is seeking to and we need to resolve any uncertainty purposes of a patent extension has af- strike. With all due respect to the dis- that persists despite the court’s deci- fected several companies. The most no- tinguished Senator from Alabama, who sion. table case involves the Medicines Com- contributed immensely to the bill as I yield the floor. pany’s ANGIOMAX extension applica- ranking member of the committee last The PRESIDING OFFICER. The sen- tion request. Congress, I understood why he opposed ior Senator from Vermont is recog- The extension application was denied this provision when it was controver- nized. by the PTO because of the difference in sial and would have had Congress over- Mr. LEAHY. Mr. President, I thank how dates are calculated. MedCo chal- ride the PTO. But now that the PTO the distinguished Senator from Iowa lenged the PTO’s decision in court, and and court have resolved the matter as for his words, and I join with the Sen- last August the federal district court reflected in the bill, it is not worth de- ator from Iowa in opposing the amend- in Virginia held the PTO’s decision ar- laying enactment of much-needed pat- ment for two reasons. First, as just bitrary and capricious and MedCo re- ent reform legislation. It could help simply as a practical matter, the ceived its patent term extension. create jobs and move the economy for- amendment would have the effect, if it Just so we fully understand what ward. passed, of killing the bill because it is that means, it means PTO now abides We will have three amendments on not going to be accepted in the other by the court’s ruling and applies a sen- the floor today that we will vote on. body, and after 6 years or more of work sible ‘‘business day’’ interpretation to This one and the other two I strongly on the patent bill, it is gone. But also, the word ‘‘date’’ in the statute. The urge Senators, Republicans and Demo- on just the merits of it, the provision provision in the America Invents Act crats, just as the ranking member has this amendment strikes, section 37 of simply codifies that. urged, to vote them down. We have be- H.R. 1249, simply adopts the holding of Senator GRASSLEY has spoken to tween 600,000 and 700,000 patents appli- a recent district court decision codi- this. As he said a few weeks ago, this cations that are waiting to be taken fying existing law about how the Pat- provision ‘‘improves the patent system care of. We can unleash the genius of ent and Trademark Office should cal- fairness through certainty and clar- our country and put our entrepreneur culate 5 days for the purpose of consid- ity.’’ class to work to create jobs that can ering a patent term extension. So those This issue has been around for sev- let us compete with the rest of the are the reasons I oppose the amend- eral years and it was a controversial world. Let’s not hold it up any longer. ment to strike it. issue when it would have overturned We have waited long enough. We de- The underlying provision adopted by the PTO’s decision legislatively. For bated every bit of this in this body and the House is a bipartisan amendment this reason Senator GRASSLEY and oth- passed it 95 to 5. On the motion to pro- on the floor. It was offered by Mr. CON- ers opposed this provision when it ceed, over 90 Senators voted to proceed. YERS, and it has the support of Ms. came up several years ago. But now It has passed the House overwhelm- PELOSI and Mr. BERMAN on the Demo- that the court has ruled, it is a dif- ingly. It is time to stop trying to throw cratic side and the support of Mr. CAN- ferent situation. The PTO has agreed up roadblocks to this legislation. TOR, Mr. PAUL, and Mrs. BACHMANN on to accept the court’s decision. The pro- If somebody does not like the legisla- the Republican side. I have a very hard vision is simply a codification of cur- tion, vote against it. But this is the time thinking of a wider range of bi- rent law. product of years of work. It is the best partisan support than that. Is there anyone who truly believes it we are going to have. Let us get it The provision is simply about how makes sense for the word ‘‘date’’ to re- done. Let us unleash the ability and in- they are calculating filing dates for ceive tortured and different interpreta- ventive genius of Americans. Let us go patent extensions, although its critics tions by different parts of our govern- forward.

VerDate Mar 15 2010 23:39 Sep 08, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.015 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5407 We have a patent system that has not the International Trade Commission that a tion for many years, and my colleagues been updated in over a half century, claim in a patent is invalid on any ground on the other side of the aisle who have yet we are competing with countries that the petitioner raised during a transi- tried to work on this important legisla- around the world that are moving light tional proceeding that resulted in a final tion and move it forward. I am sure it written decision. years ahead of us in this area. Let’s (E) The Director may institute a transi- has been challenging. I mean no offense catch up. Let’s put America first. Let’s tional proceeding only for a patent that is a to my colleagues about this legislation. get this bill passed. covered business-method patent. It simply is my perspective about I yield the floor. (2) EFFECTIVE DATE.—The regulations where we need to go as a country and AMENDMENT NO. 595 issued pursuant to paragraph (1) shall take how we get there. The PRESIDING OFFICER (Mrs. effect on the date that is 1 year after the I am excited that we live in an infor- date of enactment of this Act and shall apply HAGAN). The Senator from Washington. mation age. In fact, one of the things Ms. CANTWELL. Madam President, I to all covered business-method patents that I count very fortunate in my life issued before, on, or after such date of enact- is that this is the age we live in. I often call up Cantwell amendment No. 595. ment, except that the regulations shall not The PRESIDING OFFICER. The apply to a patent described in section think if I lived in the agrarian age, clerk will report. 6(f)(2)(A) of this Act during the period that a maybe I would be farming. That is also The bill clerk read as follows: petition for post-grant review of that patent of great interest, given the State of The Senator from Washington [Ms. CANT- would satisfy the requirements of section Washington’s interests in agriculture. WELL] proposes an amendment numbered 595. 321(c). Maybe I would live in the industrial Ms. CANTWELL. Madam President, I (3) SUNSET.— age when new factories were being ask unanimous consent the reading of (A) IN GENERAL.—This subsection, and the built. That would be interesting. But I regulations issued pursuant to this sub- love the fact that whether you are the amendment be dispensed with. section, are repealed effective on the date The PRESIDING OFFICER. Without that is 4 years after the date that the regula- talking about agriculture, whether you objection, it is so ordered. tions issued pursuant to paragraph (1) take are talking about automotive, whether The amendment is as follows: effect. you are talking about health care, (Purpose: To establish a transitional pro- (B) APPLICABILITY.—Notwithstanding sub- whether you are talking about soft- gram for covered business method patents) paragraph (A), this subsection and the regu- ware, whether you are talking about On page 119, strike line 21 and all that fol- lations implemented pursuant to this sub- communications, whether you are talk- lows through page 125, line 11, and insert the section shall continue to apply to any peti- ing about space travel, whether you are following: tion for a transitional proceeding that is talking about aviation, we live in an filed prior to the date that this subsection is SEC. 18. TRANSITIONAL PROGRAM FOR COVERED information age where innovation is BUSINESS-METHOD PATENTS. repealed pursuant to subparagraph (A). (c) REQUEST FOR STAY.— created every single day. In fact, we (a) REFERENCES.—Except as otherwise ex- pressly provided, wherever in this section (1) IN GENERAL.—If a party seeks a stay of are transforming our lives at a much language is expressed in terms of a section or a civil action alleging infringement of a pat- more rapid pace than any other genera- chapter, the reference shall be considered to ent under section 281 in relation to a transi- tion because of all that trans- be made to that section or chapter in title tional proceeding for that patent, the court formation. 35, United States Code. shall decide whether to enter a stay based I love the fact that the United States on— (b) TRANSITIONAL PROGRAM.— has been an innovative leader. I love (1) ESTABLISHMENT.—Not later than 1 year (A) whether a stay, or the denial thereof, will simplify the issues in question and the fact that the State of Washington after the date of enactment of this Act, the has been an innovative leader. If there Director shall issue regulations establishing streamline the trial; and implementing a transitional post-grant (B) whether discovery is complete and is one thing I pride myself on, it is rep- review proceeding for review of the validity whether a trial date has been set; resenting a State that has continued to of covered business-method patents. The (C) whether a stay, or the denial thereof, pioneer new technology and innova- transitional proceeding implemented pursu- would unduly prejudice the nonmoving party tions. So when I look at this patent ant to this subsection shall be regarded as, or present a clear tactical advantage for the bill, I look at whether we are going to and shall employ the standards and proce- moving party; and help the process of making innovation dures of, a post-grant review under chapter (D) whether a stay, or the denial thereof, will reduce the burden of litigation on the happen at a faster rate or more prod- 32, subject to the following exceptions and ucts and services to help us in all of qualifications: parties and on the court. (A) Section 321(c) and subsections (e)(2), (f), (2) REVIEW.—A party may take an imme- those industries I just mentioned or and (g) of section 325 shall not apply to a diate interlocutory appeal from a district whether we are going to gum up the transitional proceeding. court’s decision under paragraph (1). The wheels of the patent process. So, yes, I (B) A person may not file a petition for a United States Court of Appeals for the Fed- joined my colleagues who have been transitional proceeding with respect to a eral Circuit shall review the district court’s out here on the Senate floor, such as decision to ensure consistent application of covered business-method patent unless the Senator FEINSTEIN and others who de- established precedent, and such review may person or his real party in interest has been bated this issue of changing our patent sued for infringement of the patent or has be de novo. (d) DEFINITION.—For purposes of this sec- system to the ‘‘first to file,’’ which will been charged with infringement under that tion, the term ‘‘covered business method pat- patent. disadvantage inventors because ‘‘first ent’’ means a patent that claims a method or (C) A petitioner in a transitional pro- to file’’ will lead to big companies and corresponding apparatus for performing data ceeding who challenges the validity of 1 or organizations getting the ability to processing operations utilized in the prac- have patents and to slow down innova- more claims in a covered business-method tice, administration, or management of a fi- patent on a ground raised under section 102 nancial product or service, except that the tion. or 103 as in effect on the day prior to the term shall not include patents for techno- If you look at what Canada and Eu- date of enactment of this Act may support logical inventions. Solely for the purpose of rope have done, I don’t think anybody such ground only on the basis of— implementing the transitional proceeding in the world market today says: Oh, (i) prior art that is described by section authorized by this subsection, the Director my gosh, let’s change to the Canadian 102(a) (as in effect on the day prior to the shall prescribe regulations for determining date of enactment of this Act); or system because they have created in- whether a patent is for a technological in- credible innovation or let’s look to Eu- (ii) prior art that— vention. (I) discloses the invention more than 1 year (e) RULE OF CONSTRUCTION.—Nothing in rope because their ‘‘first to file’’ has prior to the date of the application for pat- this section shall be construed as amending created such innovation. ent in the United States; and or interpreting categories of patent-eligible In fact, when Canada switched to this (II) would be described by section 102(a) (as subject matter set forth under section 101. ‘‘first to file’’ system, that actually in effect on the day prior to the date of en- Ms. CANTWELL. Madam President, slowed down the number of patents actment of this Act) if the disclosure had simply my amendment restores section filed. So I have that concern about this been made by another before the invention 18 of the language that was passed out legislation. thereof by the applicant for patent. But we have had that discussion here (D) The petitioner in a transitional pro- of the Senate. Basically it implements ceeding, or his real party in interest, may the Senate language. on the Senate floor. I know my col- not assert either in a civil action arising in I come to the floor today with much league is going to come to the floor and whole or in part under section 1338 of title 28, respect for my colleague Chairman talk about fee diversion, which reflects United States Code, or in a proceeding before LEAHY, who has worked on this legisla- the fact that the Patent Office actually

VerDate Mar 15 2010 23:39 Sep 08, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.016 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5408 CONGRESSIONAL RECORD — SENATE September 8, 2011 collects money on patents. That is a there. It was put into the managers’ change in the patent business method very viable way to make the Patent Of- amendment which was brought to the language and the whole process that is fice effective and efficient because it Senate floor with little or no debate going to go on. Instead, we would be can take the money it collects from because people wanted to hurry and get moving forward with predictability and these patents and use it to help speed the managers’ amendment adopted. certainty. up the process of verifying these pat- Now, I objected to that process in I ask my colleagues to just help this ents and awarding them. But the Sen- driving this language because I was process. Help this process move for- ate chose good action on this issue, and concerned about it. I sought colloquy ward by going back to the Senate lan- good measure, and simply said that the at that point in time and was not able guage. I know my colleagues probably money collected by the Patent Office to get one from any of my colleagues, want to hurry and get this process should stay in the Patent Office budg- and I so opposed this legislation. Well, done, but I guarantee this language et. now this legislation has been made with the Senate version could easily go But that is not what the House has even worse in the House of Representa- back to the House of Representatives done. The House has allowed that tives by saying that this language, and be passed. What I ask my col- money to be diverted into other areas which would nullify patents—that is leagues to think about is how many of appropriations, and the consequence right. The Senate would be partici- companies are also going to get caught will be that this patent reform bill will pating in nullifying patents that the in this process by the desire of some to basically be taking the economic en- Patent Office has already given to help the big banks get out from under gine away from the Patent Office and companies, and it can now go on for 8 something the courts have already said spreading it out across government. So years—8 years is what the language they don’t deserve to get out of. the reform that we would seek in pat- says when it comes back from the I hope we can bring closure to this ents, to make it a more expeditious House of Representatives. issue, and I hope we can move forward process, is also going to get down. All I am asking my colleagues to do on something that gives Americans the I could spend my time here today today is go back to the Senate lan- idea that people in Washington, DC, talking about those two things and my guage they passed. Go back to the Sen- are standing up for the little guy. We concerns about them, but that is not ate language that at least says this are standing up for inventors. We are even why I am here this morning. I am earmark they are giving to the big standing up for those kinds of entre- here to talk about how this legislation banks so they can invalidate a patent preneurs, and we are not spending our has a rifleshot earmark in it for a spe- by a company because they don’t like time putting earmark rifle shot lan- cific industry, to try to curtail the val- the fact they have to pay a royalty on guage into legislation to try to assuage idation of a patent by a particular check imaging processing to them—I large entities that are well on their company. That is right, it is an ear- am sorry you don’t like to pay the roy- way to taking care of themselves. mark rifleshot to try to say that banks alty. But when somebody innovates I hope if my colleagues have any no longer have to pay a royalty to a and makes the technology, they have questions on this language as it relates particular company that has been the right to charge a royalty. You have to their individual States, they would awarded a patent and that has been been paying that royalty. I am sorry, contact our office and we would be upheld in court decisions to continue big banks, if you don’t like paying that happy to share information with them. to be paid that royalty. royalty anymore. You are making a lot I yield the floor and suggest the ab- That is why I am here this morning. of money. Trying to come to the Sen- sence of a quorum. You would say she is objecting to that ate with an earmark rifle shot to X out The PRESIDING OFFICER. The earmark, she is objecting to that per- that competition because you don’t clerk will call the roll. sonal approach to that particular in- want to pay for that technology—that The legislative clerk proceeded to dustry giveaway in this bill. Actually, is not the way the Senate should be op- call the roll. I am concerned about that, but what I erating. Mr. SCHUMER. Madam President, I am concerned about is, given the way The fact that the language is so ask unanimous consent that the order they have drafted this language to ben- broad that it will encompass other for the quorum call be rescinded. efit the big banks of America and screw technologies is what has me concerned. The PRESIDING OFFICER. Without a little innovator, this is basically If all my colleagues want to vote for objection, it is so ordered. drafted so broadly that I am worried this special favor for the big banks, go Mr. SCHUMER. Madam President, I that other technology companies are ahead. The fact that my colleagues are rise today to urge this body to com- going to get swept up in the definition going to basically pull us in to having plete the extensive work that has been and their patents are also going to be other companies covered under this is a done on the Leahy-Smith America In- thrown out as invalid. That is right. big concern. vents Act and send this bill to the Every State in the United States could The section I am concerned about is President for signature. have a company that, under this lan- business method patents, and the term The America Invents Act has been guage, could now have someone deter- ‘‘covered business method patent’’ years in the making. The time has mine that their patent is no longer via- means patents or claims or method or come to get this bill done once and for ble even though the Patent Office has corresponding apparatus for per- all. awarded them a patent. Companies forming data processing or other oper- The importance of patent law to our that have revenue streams from royal- ations. What does ‘‘or other oper- Nation has been evidenced since the ties that are operating their companies ations’’ mean? How many companies in founding. The Constitution sets control could now have their bank financing, America will have their patents chal- over patent law as one of the enumer- everything pulled out from under them lenged because we don’t know what ‘‘or ated powers of the Congress. Specifi- because they no longer have royalty other operations’’ means? How many? cally, it gives the Congress the power streams. Businesses could lay off peo- How many inventors will have their ‘‘To promote the Progress of Science ple, businesses could shut down, all be- technology basically found null and and useful Arts, by securing for limited cause we put in broad language in the void by the court process or the Patent Times to Authors and Inventors the ex- House version that exacerbates a prob- Office process because of this confusing clusive Right to their respective lem that was in the Senate version to language? Writings and Discoveries.’’ begin with. I am here to ask my colleagues to do Today we take an important step to- Now I could say this is all a process a simple thing: revert to the Senate ward ensuring that the constitutional and legislation follows a process, but I language. It is not a perfect solution. If mandate of Congress is met as we mod- object to this process. I object to this I had my way, I would strip the lan- ernize our patent system. This bill is language that benefits the big banks guage altogether. If I had my way, I the first major overhaul of our patent but was never debated in the com- would have much more clarity and pre- laws in literally decades. mittee of jurisdiction, the Judiciary dictability to patent lawyers and the My colleagues have spoken at length Committee. It was not debated. It was Patent Office so the next 3 or 4 years about the myriad ways the America In- not voted on. It was not discussed will not be spent in chaos between this vents Act will bring our patent law

VerDate Mar 15 2010 23:39 Sep 08, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.018 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5409 into the 21st century. What I want to tion 18 from all of these organizations the U.S. Patent and Trademark Office (PTO) focus on, of course, is jobs. be printed in the RECORD. fund the office and its administration of the The America Invents Act is fun- There being no objection, the mate- patent system. PTO faces significant chal- damentally a jobs bill. Innovation and rial was ordered to be printed in the lenges, including a massive backlog of pend- ing applications, and this backlog is stifling RECORD, as follows: intellectual property has always been domestic innovators. The fees that PTO col- and always will be at the heart of the INDEPENDENT COMMUNITY lects to review and approve patent applica- American economy. By rewarding BANKERS OF AMERICA, tion are supposed to be dedicated to PTO op- innovators for inventing newer and Washington, DC, June 14, 2011. eration. However, fee diversion by Congress better products, we keep America’s cre- HOUSE OF REPRESENTATIVES, has hampered PTO’s efforts to hire and re- ative and therefore economic core Washington, DC. tain a sufficient number of qualified exam- DEAR MEMBER OF CONGRESS: On behalf of iners and implement technological improve- healthy. ICBA’s nearly 5,000 community bank mem- Over the last few decades, however, ments necessary to ensure expeditious bers, I write to voice strong support for Sec- issuance of high quality patents. Providing innovation has outpaced our patent tion 18 of the America Invents Act (H.R. PTO with full access to the user fees it col- system. We have an enormous backlog 1249), which addresses the issue of poor-qual- lects is an important first step toward reduc- at the PTO. The result of this backlog ity business-method patents. I strongly urge ing the current backlog of 1.2 million appli- is that it is much harder for creators to you to oppose efforts to strike or weaken the cations waiting for a final determination and obtain the property rights they deserve language in Section 18, which creates a pro- pendency time of 3 years, as well as to im- gram to review business-method patents in their inventions. That challenge in prove patent quality. against he best prior art. In addition, the legislation would help en- turn makes it harder for inventions to Poor-quality business-method patents rep- sure that the U.S. remains at the forefront of be marketed and sold, which reduces resent an extremely problematic aspect of innovation by enhancing the PTO process the incentive to be innovative. Eventu- the current system for granting, reviewing and ensuring that all inventors secure the ally, this vicious cycle becomes poi- and litigating patents. The problems with exclusive right to their inventions and dis- sonous. low-quality patents are well documented and coveries. The bill shifts the U.S. to a first-in- The America Invents Act cuts this beyond dispute. On an escalating basis, fi- ventor-to-file system that we believe is both nancial firms are the target of meritless pat- constitutional and wise, ending expensive in- cycle by making our patent system ent lawsuits brought by non-practicing enti- more efficient and reliable. By pro- terference proceedings. H.R. 1249 also con- ties. Such entities exploit flaws in the cur- tains important legal reforms that would viding the Patent and Trademark Of- rent system by bringing action in friendly help reduce unnecessary litigation against fice the resources it needs to reduce venues, where they wring money from legiti- American businesses and innovators. Among the backlog of nearly 700,000 patent ap- mate businesses by asserting low-quality the bill’s provisions, Section 16 would put an plications, the bill will encourage the business-method patents. end to frivolous false patent marking cases, Section 18 addresses this problem by estab- innovation that will create and protect while still preserving the right of those who lishing an oppositional proceeding at the suffered actual harm to bring actions. Sec- American jobs. In addition, the bill United States Patent and Trademark Office tion 5 would create a prior user right for streamlines review of patents to ensure (PTO), where business-method patents can be those who first commercially use inventions, that the poor-quality patents can be re-examined, using the best prior art, as an protecting the rights of early inventors and alternative to costly litigation. This pro- weeded out through administrative re- giving manufacturers a powerful incentive to gram applies only to business-method pat- view rather than costly litigation. build new factories in the United States, ents, which are defined using suggestions I am especially pleased that H.R. 1249 while at the same time fully protecting uni- contains the Schumer-Kyl provisions proffered by the PTO. Concerns about the scope of the definition have been addressed versities. Section 19 also restricts joinder of that we originally inserted in the Sen- by exclusion of technological innovations. defendants who have tenuous connections to ate to help cut back on the scourge of Additionally, it has been well-settled law for the underlying disputes in patent infringe- business method patents that have over 25 years that post-grant review of pat- ment suits. Section 18 of H.R. 1249 provides been plaguing American businesses. ent validity by the PTO is constitutional. for a tailored pilot program which would Business method patents are anathema The Federal Circuit explained that a defec- allow patent office experts to help the court review the validity of certain business meth- to the protection that the patent sys- tively examined and therefore erroneously granted patent must yield to the reasonable od patents using the best available prior art tem provides because they apply not to as an alternative to costly litigation. novel products or services but to ab- Congressional purpose of facilitating the cor- rection of governmental mistakes. This Con- The Chamber strongly opposes any amend- stract and often very common concepts gressional purpose is presumptively correct ments to H.R. 1249 that would strike or of how to do business. Often business and constitutional. Congress has given the weaken any of the important legal reform method patents are issued for practices PTO a tool to ensure confidence in the valid- measures in this legislation, including those that have been in widespread use for ity of patents. Section 18 furthers this im- found in Sections 16, 5, 19 and 18. The Cham- portant public purpose by restoring con- ber supports H.R. 1249 and urges the House to years, such as check imaging or one- expeditiously approve this necessary legisla- click checkout. Imagine trying to pat- fidence in business-method patents. I urge you to oppose changes to Section 18, tion. ent the one-click checkout long after including changes that would create a loop- Sincerely, people have been using it. hole allowing low-quality business-method R. BRUCE JOSTEN, Because of the nature of the business patent holders to wall off their patents from Executive Vice President, methods, these practices aren’t as eas- review by the PTO. Congress should ensure Government Affairs. ily identifiable by the PTO as prior art, that final patent-reform legislation address- and bad patents are issued. Of course, es the fundamental, and increasingly costly, NATIONAL RETAIL FEDERATION, Washington, DC, June 21, 2011. this problem extends way beyond the problem of poor-quality business-method Hon. LAMAR S. SMITH, financial services industry. It includes patents. Sincerely, Chairman, Committee on the Judiciary, House all businesses that have financial prac- CAMDEN R. FINE, of Representatives, Washington, DC. tices, from community banks to insur- President and CEO. Hon. JOHN CONYERS, Jr., ance companies to high-tech startups. Ranking Member, Committee on the Judiciary, Section 18, the Schumer-Kyl provision, CHAMBER OF COMMERCE House of Representatives, Washington, DC. allows for administrative review of OF THE UNITED STATES OF AMERICA, DEAR CHAIRMAN SMITH AND RANKING MEM- those patents so businesses acting in Washington, DC, June 14, 2011. BER CONYERS: I am writing in support of Sec- tion 18 of H.R. 1249, the American Invents good faith do not have to spend the TO THE MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES: The U.S. Chamber of Act of 2010. This provision would provide the millions of dollars it costs to litigate a Commerce, the world’s largest business fed- Patent and Trademark Office (PTO) the abil- business method patent in court. eration representing the interests of more ity to re-examine qualified business method That is why the provision is sup- than three million businesses and organiza- patents against the best prior art. ported not only by the Financial Serv- tions of every size, sector, and region, sup- As the world’s largest retail trade associa- ices Roundtable and the Community ports H.R. 1249, the ‘‘America Invents Act,’’ tion, the National Retail Federation’s global Bankers, but by the Chamber of Com- which would encourage innovation and bol- membership includes retailers of all sizes, formats and channels of distribution as well merce, the National Retail Foundation, ster the U.S. economy. The Chamber believes this legislation is crucial for American eco- as chain restaurants and industry partners and in my home State by the Partner- nomic growth, jobs, and the future of U.S. from the U.S. In the U.S., NRF represents ship for a Greater New York. competitiveness. the breadth and diversity of an industry with Madam President, I ask unanimous A key component of H.R. 1249 is section 22, more than 1.6 million American companies consent that letters in support of sec- which would ensure that fees collected by that employ nearly 25 million workers and

VerDate Mar 15 2010 23:39 Sep 08, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.029 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5410 CONGRESSIONAL RECORD — SENATE September 8, 2011 generated 2010 sales of $2.4 trillion. Retailers change was made to accommodate in- monumental legislation. He has have been inundated by spurious claims, dustry concerns that 4 years was short worked hard on this for many years, many of which, after prolonged and expen- enough, that bad actors would just and I wish to pay a personal tribute to sive examination, are subsequently found to be less than meritorious. wait out the program before bringing him. Increasingly, retailers of all types are their business method patent suits. I also wish to recognize the efforts of being sued by non-practicing entities for in- The lying-in-wait strategy would be my colleague from Vermont, Senate fringing low-quality business method patents possible under the Cantwell amend- Judiciary Committee chairman PAT- which touch all aspects of our business: mar- ment because section 18 only allows RICK LEAHY. Over the years, he and I keting, payments, and customer service to transitional review proceedings to be have worked tirelessly to bring about name a few aspects. A vast majority of these initiated by those who are facing law- long overdue reform to our Nation’s cases are brought in the Eastern District of Texas where the statistics are heavily suits. patent system, and I personally appre- weighted against defendants forcing our On a 20-year patent, it is not hard to ciate PAT for his work on this matter. members to settle even the most meritless wait 4 years to file suit and therefore I also wish to recognize the efforts of suits. avoid scrutiny under a section 18 re- Senate Judiciary Committee ranking Section 18 moves us closer to a unified pat- view. It would be much harder, how- member CHUCK GRASSLEY of Iowa, as ent system by putting business method pat- ever, to employ such an invasive ma- well as many other Senate colleagues ents on par with other patents in creating a neuver on a program that lasts 8 years. who have been instrumental in this post-grant, oppositional proceeding that is a Second, the Cantwell amendment legislative process. lower cost alternative to costly patent liti- gation. The proceeding is necessary to help changes the definition of business The Constitution is the supreme law ensure that the revenues go to creating jobs method patents to eliminate the House of the land and the shortest operating and bringing innovations to our customers, clarification that section 18 goes be- Constitution in the world. America’s not paying litigation costs in meritless pat- yond mere class 705 patents. Originally, Founders put only the most essential ent infringement litigation. class 705 was used as the template for provisions in it, listing the most essen- We appreciate the opportunity to support the definition of business method pat- tial rights of individuals and the most this important section and oppose any ef- ents in section 18. However, after the essential powers the Federal Govern- forts to strike or weaken the provision. ment should have. What do we think Please do not hesitate to contact me with bill passed the Senate, it became clear any questions. that some offending business method made it on to that short list? Raising Best regards, patents are issued in other sections. So and supporting the Army and main- DAVID FRENCH, the House bill changes the definition taining the Navy? No question there. Senior Vice President, only slightly so that it does not di- Coining money? That one is no sur- Government Relations. rectly track the class 705 language. prise. But guess what else made the Mr. SCHUMER. A patent holder Finally, the Cantwell amendment list. Here is the language: The Found- whose patent is solid has nothing to limits who can take advantage of sec- ers granted to Congress the power ‘‘To fear from a section 18 review. Indeed, a tion 18 by eliminating access to the promote the Progress of Science and good patent will come out of such a re- program by privies of those who are useful Arts, by securing for . . . Au- view strengthened and validated. The sued. Specifically, H.R. 1249 allows par- thors and Inventors the exclusive only people who have any cause to be ties who have shared interests with a Right to their Respective Writing and concerned about section 18 are those sued party to bring a section 18 pro- Discoveries.’’ who have patents that shouldn’t have ceeding. The Cantwell amendment In other words, the governance of been issued in the first place and who would eliminate that accommodation. patents and copyrights is one of the es- were hoping to make a lot of money All of the House changes to section 18 sential, specifically enumerated powers suing legitimate businesses with these of the Senate bill are positive, and I be- given to the Federal Government by illegitimate patents. To them I say the lieve we should keep them. But to my our Nation’s Founders. In my view, it scams should stop. colleagues I would say this in closing: is also one of the most visionary, for- In fact, 56 percent of business patent The changes Senator CANTWELL has ward-looking provisions in the entire lawsuits come in to one court in the proposed do not get to the core of the U.S. Constitution. Eastern District of Texas. Why do they bill, and the most profound effect they Thomas Jefferson understood that all go to one court? Not just because of would have is to delay passage of the giving people an exclusive right to coincidence. Why do people far and bill by requiring it to be sent back to profit from their inventions would give wide seek this? Because they know the House, which is something, of them ‘‘encouragement . . . to pursue that court will give them favorable course, we are all having to deal with ideas which may produce utility.’’ Yet proceedings, and many of the busi- on all three of the amendments that Jefferson also recognized the impor- nesses that are sued illegitimately are coming up. tance of striking a balance when it spend millions of dollars for discovery I urge my colleagues to remember came to granting patents—a difficult and everything else in a court they be- that this bill and the 200,000 jobs it task. He said: lieve they can’t get a fair trial in, so would create are too important to I know well the difficulty of drawing a line they settle. That shouldn’t happen, and delay it even another day because of between the things which are worth to the that is what our amendment stops. It minor changes to the legislation. I urge public the embarrassment of an exclusive simply provides review before costly my colleagues to vote against the patent and those which are not. litigation goes on and on and on. amendment of my good friend MARIA As both an inventor and a statesman, Now, my good friend and colleague, CANTWELL and move the bill forward. he understood that granting a person Senator CANTWELL, has offered an With that, I yield the floor. an exclusive right to profit from their amendment that would change the sec- The PRESIDING OFFICER. The Sen- invention was not a decision that tion 18 language and return to what the ator from Utah. should be taken lightly. Senate originally passed last March. Mr. HATCH. Madam President, I rise This bill is not perfect, but I am Essentially, Senator CANTWELL is ask- to express my continued support for pleased with the deliberative process ing the Senate to return to the original the America Invents Act. We have been that led to its development, and I am Schumer-Kyl language. Of course, I working on patent reform legislation confident that Congress followed Jef- don’t have an inherent problem with for several years now—in fact, almost ferson’s lead in striking a balanced ap- the original Schumer-Kyl language. the whole time I have been in the Sen- proach to patent reform. However, while I might ordinarily be ate—so it is satisfying to see the Sen- There can be no doubt that patent re- inclined to push my own version of the ate again voting on this bipartisan bill. form is necessary, and it is long over- amendment, I have to acknowledge It is important to note that this bill due. Every State in the country has a that the House made some significant before us is the same one that was vested interest in an updated patent improvements in section 18. passed by the Republican-controlled system. When patents are developed First, H.R. 1249 extends the transi- House of Representatives in June. I commercially they create jobs, both tional review program of section 18 commend House Judiciary chairman for the company marketing products from 4 to 8 years in duration. This LAMAR SMITH for his leadership on this and for their suppliers, distributors,

VerDate Mar 15 2010 23:39 Sep 08, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.005 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5411 and retailers. One single deployed pat- tronic communications, to bio- agreement about maintaining congres- ent affects almost all sectors of our technology, to computer games. sional oversight—I believe this is one economy. Like my fellow Utahns, citizens area that should be reconsidered. It is Utahns have long understood this re- across the country recognize that tech- just that important. That is why I sup- lationship. Ours is a rich and diverse nological development is integral to port Senator TOM COBURN’s amend- and inventive legacy. In the early the well-being of our economy and the ment. If passed, his amendment will 1900s, a young teenager approached his prosperity of our families and commu- preserve congressional oversight and teacher after class with a sketch he nities. As technology advances, it is give the USPTO the necessary flexi- had been working on. It was a drawing necessary at times to make adjust- bility to operate during these critical inspired by the rows of dirt in a potato ments that will ensure Congress is pro- times. field the teenager had recently plowed. moting the healthy progress of science The House-passed compromise lan- After examining the sketch, the teach- and useful arts. guage is a step in the right direction, er told the young student that he The America Invents Act will im- especially since the chairman of the should pursue his idea, and he did. prove the patent process, giving inven- House Appropriations Committee has That teenager was Philo Farnsworth, a tors in Utah and across the country committed that all fees collected by Utah native who went on to patent the greater incentives to innovate. the USPTO in excess of its annual ap- first all-electronic television. Strengthening of our patent system propriated level will be available to the Farnsworth had to fight for many will not only help lead us out of these USPTO. However, I remain concerned years in court to secure the exclusive tough economic times, but it will help that the budget uncertainties that rights to his patent, but he continued us maintain our competitive edge both exist today may negatively impact the to invent, developing and patenting domestically and abroad. Take, for ex- USPTO and its ability to implement hundreds of other inventions along the ample, the transition to a first-inven- many of the new responsibilities re- way. tor-to-file system and the establish- quired by the America Invents Act. Another Utah native developed a way ment of a post-grant review procedure. I remain concerned about some provi- to amplify sound after he had trouble These changes alone will decrease liti- sions the House either expanded or hearing in the Mormon Tabernacle. His gation costs so that small companies added. On balance, however, the headphones were later ordered by the and individuals will not be dissuaded positives of this legislation far out- Navy for use during World War I. His from protecting their patent rights by weigh the negatives, and I am con- name was Nathaniel Baldwin. companies with greater resources. fident it will contribute to the greater William Clayton, an early Mormon This bill provides the USPTO with innovation and productivity our econ- pioneer, grew tired of manually count- rulemaking authority to set or adjust omy demands. It provides essential im- ing and calculating how far his wagon its own fees for 7 years without requir- provements to our patent system, such company had traveled each day. So, in ing a statutory change every time an as changes to the best mode disclosure the middle of a journey across the adjustment is needed. Providing the requirement; expansion of the prior plains, he and others designed and built USPTO with the ability to adjust its user rights defense to affiliates, with a roadometer, a device that turned own fees will give the agency greater an exemption for university-owned pat- screws and gears at a set rate based on flexibility and control, which, in the ents; incentives for government labora- the rotation of the wagon wheel. It long run, will benefit inventors and tories to commercialize inventions; re- worked based on the same principles businesses. strictions on false marking claims; re- that power modern odometers. The legislation enables patent hold- moval of restrictions on the residency John Browning, the son of a pioneer, ers to request a supplemental examina- of Federal circuit judges; clarification revolutionized the firearm, securing tion of a patent if new information of tax strategy patents; providing as- his inventions through a patent. He is arises after the initial examination. By sistance to small businesses through a known all over the world for the work establishing this new process, the patent ombudsman program and estab- he did. USPTO would be asked to consider, re- lishing additional USPTO satellite of- Robert Jarvik, who worked at the consider, or correct information be- fices. University of Utah—a wonderful doctor lieved to be relevant to the patent. We all know every piece of legisla- whom I know personally—invented the Further, this provision does not limit tion has its shortcomings. That is the first successful permanent artificial the USPTO’s authority to investigate reality of our legislative process. How- heart while at the University of Utah. misconduct or to sanction bad actors. I ever, taken as a whole, the America In- These and countless other stories il- am confident this new provision will vents Act further builds upon our coun- lustrate the type of ingenuity that was remove the uncertainty and confusion try’s rich heritage of intellectual prop- required by the men and women who that defines current patent litigation, erty protections—a cornerstone pro- founded Utah, the type of ingenuity and I believe it will enhance patent vided by article I, section 8 of the Con- that has been exemplified in every gen- quality. eration since. The America Invents Act creates a stitution. Last year, Utah was recognized as mechanism for third parties to submit Passage of the America Invents Act one of the most inventive States in the relevant information during the patent will update our patent system, help Union. Such a distinction did not sur- examination process. This provision strengthen our economy, and provide a prise me, especially since the Univer- will provide the USPTO with better in- springboard for further improvements sity of Utah recently logged the uni- formation about the technology and to our intellectual property laws. I versity’s 5,000th invention disclosure claimed invention by leveraging the urge all of my colleagues to join in this and has over 4,000 patent applications knowledge of the public. This will also monumental undertaking, and I appre- filed to date. This impressive accom- help the agency increase the efficiency ciate those who have worked so hard plishment follows on the heels of news of examination and the quality of pat- on these programs. Again, I mentioned that the University of Utah overtook ents. with particularity the Congressman MIT in 2009 to become America’s No. 1 This bill would create a reserve fund from Texas, LAMAR SMITH, and also my research institution for creating start- for user fees that exceed the amount friend and colleague, Senator LEAHY, up companies based on university tech- appropriated to the USPTO. I prefer and others as well, Senator GRASSLEY nology. the language in the Senate-passed bill, especially. There are others as well A group of students at Brigham which created a new revolving fund for whom I should mention, but I will Young University recently designed a the USPTO separate from annual ap- leave it at that for this particular circuit that was launched with the propriations. Certainty is important time. shuttle Endeavour, and another group for future planning, but the appropria- I suggest the absence of a quorum. developed a prosthetic leg that costs tions process is far from reliable. The PRESIDING OFFICER. The $25 versus the $10,000 a prosthetic leg While conceptually I understand why clerk will call the roll. may typically cost. Utah inventors our House counterparts revised the The legislative clerk proceeded to contribute to everything from elec- Senate-passed language—and I am in call the roll.

VerDate Mar 15 2010 23:39 Sep 08, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.030 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5412 CONGRESSIONAL RECORD — SENATE September 8, 2011 Mr. HOEVEN. Mr. President, I ask If you look at this next chart, we Let me talk about some of the kinds unanimous consent that the order for talk about unemployment. Here you of laws and legislation we need to pass the quorum call be rescinded. see annual unemployment. Currently to make sure that happens. The PRESIDING OFFICER (Mr. we are at 9.1 percent. We have been Not too long ago, President Obama COONS). Without objection, it is so or- there for an extended period of time. issued an Executive order. I hope it is dered. Again, that represents more than 14 something he talks about this evening THE ECONOMY million people who are unemployed in his address to the joint session of Mr. HOEVEN. Mr. President, I rise that we need to get back to work. Congress. In that Executive order, he today to speak on a matter of great im- The other thing you will notice on said all of the agencies—all of the Fed- portance to our country, and that is this chart is the blue line. This blue eral agencies—need to look at their jobs and our economy. I know the line is the chart for my home State. regulations, at their existing regula- President will be speaking this There you will see our unemployment tions and any regulations they are put- evening. I want to emphasize the im- is about 3.2 to 3.3 percent. For the last ting out, and make sure that if those portance that we focus on a long-term decade in our State, we have focused on regulations are costly, burdensome, if strategy to get our economy going. By a progrowth, pro-jobs economic strat- they do not make sense, if they are that I mean a pro-jobs, progrowth eco- egy. By that I mean building the best outmoded or outdated, they are elimi- nomic strategy for our country. possible business climate, making sure nated, they are stripped away, so we The things that go into that include we live within our means, and building empower people and companies building the best possible business cli- a comprehensive energy approach to throughout this great country to do mate. We have got to have a business develop all of our energy resources. business. He said in that Executive climate that will stimulate private in- There is no reason we cannot do the order make sure all of our agencies vestment, that will stimulate entrepre- same thing at the Federal level. In look at their regulations and eliminate neurship, ingenuity, that will stimu- fact, we need to do exactly that at the those that do not make sense, that are late job creation by businesses small costly, and that are burdensome, so we and large across our economy. We need Federal level. So I am here today to talk about some of the things we need can stimulate economic activity and to build a strong business climate. We job creation in this country. I think we need a long-term, progrowth economic to do to make that happen. The first is that I emphasize by need to do exactly that. In fact, let’s strategy to do that. make it a law. Let’s make it the law We also need to control our spending building a good business climate, I that all of the regulatory agencies need and live within our means. We need a mean a legal, tax, and regulatory cer- to look at their existing regulations comprehensive energy policy. All three tainty so businesses know the rules of and any regulations they are looking of these things go into the right kind the road so they can invest. They can at putting out, to make darn sure they of long-term comprehensive approach invest shareholders’ dollars so entre- are clear, straightforward, understand- this country needs to get our economy preneurs can start new businesses, so growing and get people back to work. existing businesses can expand. But to able, that they are workable, and not I wish to start by taking a minute to do that, they need to know the rules of only that our regulations are clear and look at our current situation, to talk the road. They need to know what our understandable, that the regulators about where we are. If you look at un- tax policy is. Right now we have a tax work with Americans and American employment, unemployment is more policy that expires at the end of the companies to make sure they under- than 9 percent, and it has been more next year. So how do you as a business stand them and they are able to meet than 9 percent for an extended period person go out there and start making them so they can pursue their business of time. Weekly jobless claims: more investments when you do not know plans, their business growth, their than 400,000. We have more than 14 mil- what the tax policy is going to be be- business investment, and that they lion people who are out of work. That yond the end of next year? We need tax hire and put people back to work. That does not include people who are under- reform. is how it is supposed to work. Together, Senator PAT ROBERTS of employed or people who are no longer How about regulation? We have an Kansas, myself, and others have put looking for work because they have incredible regulatory burden. How do forward the Regulatory Responsibility been discouraged and are not included you go out there and make an invest- for Our Economy Act. That is just in the workforce—14 million people we ment, get a business going, hire people, what it says. How much more bipar- need to get back to work. if you do not know what the regulatory tisan can we get than that? The Presi- We also have a tremendous deficit requirements are? We need to reduce dent puts out an Executive order say- problem. If you look at our revenues that regulatory burden. today, we have revenues of about $2.2 ing we need to roll back some of these We need to pass trade agreements so trillion. Our spending is at a rate of regulations that are burdening our our companies can sell not just here in $3.7 trillion. That is a $1.5 trillion def- business base, and we as Republican the United States but they can sell icit. That is adding up to more than a Senators say: Okay, here is an act to globally. If you look at the history of $14 trillion dollar debt—a $14 trillion put that Executive order into law. our country, that is how we have grown debt that weighs on our economy. If we Let’s work together in a bipartisan this economy, how we have become the do not deal with it, it is a debt our way to reduce this regulatory burden most dynamic economic engine in the children will have to pay. That is not that is stifling economic growth and world. It is through that private in- acceptable for us and we have to deal job creation in our country. vestment, that entrepreneurship, that with it at the same time we get this That is what Congress is supposed to economy going. American ingenuity. do. That is what we need to do. That is If you look at our current situation, The role of government is to create a what the people of this country want we are borrowing 40 cents of every dol- business climate that unleashes that us to do on a bipartisan basis. lar we spend, and deficit and our debt potential. We have got to roll back the When the President comes to the is growing at $4 billion a day. I brought regulatory burden. We have got to cre- Capitol this evening and talks about some graphs so we can look at it ate clear, understandable rules and tax how we get business going, let’s get it graphically. Here you see revenues and policy to follow so these companies can going by reducing this regulatory bur- spending. make these investments, get those 14- den so private investment can get peo- Unfortunately, the spending line is plus million people back to work, get a ple back to work in this country. It is the red line along the top here. Spend- growing economy, at the same time not about more government spending, ing is more than $3.7 trillion a year. At that we get a grip on our spending and it is about private investment and ini- the same time, our revenues are $2.2 start living within our means. That is tiative. We have to create the frame- trillion. That gap is a $1.5 trillion how we not only raise our standard of work to make it happen. We can do it, budget deficit we are accumulating on living and our quality of life, but we and we can do it on a bipartisan basis. an annual basis. As I say, it is now make sure we do not pass on a huge Another example is that the United leading to a debt that is more than $14 debt to our children and our grand- States has been the leader in aviation trillion. children. throughout its history. Throughout the

VerDate Mar 15 2010 03:30 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.032 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5413 history of aviation, since Kitty Hawk, trade agreements have been pending. It a balanced budget amendment, you tell the United States has led the world in is time to take them from pending to us what you think. Again, what a great aviation, in invention, development, being passed. We need the administra- way to get everybody involved, the way and innovation, and all the things that tion to bring those free trade agree- we should get everybody involved in have gone into the development of ments to the Senate and to the House making sure we live within our means aviation. Again, throughout its his- and we will pass them. We have worked not only today but tomorrow and tory, the United States has been the across the aisle in a bipartisan way to throughout future generations. leader. One of the key areas for growth make sure that whatever issues needed At the same time, we need to pass in aviation right now is UAS, un- to be dealt with to bring them to the other tools that can help us get control manned aerial systems or unmanned Congress—whether it is trade adjust- of our spending. For example, the Re- aircraft. They call them remotely pi- ment authority or whatever, we have duce Unnecessary Spending Act. This loted aircraft. Our military uses them worked together in a bipartisan way to is a bipartisan act that I think was to tremendous benefit in Iraq, Afghani- say, look, we have addressed the issues. originally sponsored by Senator TOM stan, and around the world. Now the administration needs to bring CARPER, a former Governor, a Demo- Even though our military flies UAS the free trade agreements to the Sen- crat from Delaware, and Senator JOHN all over the globe, we can’t fly them ate floor. We will pass them. MCCAIN. I am proud to be a cosponsor. here in the United States together with With just one of those free trade One of the key provisions is to give the manned aircraft. Yet if we are going to agreements—for example, if we take President a line-item veto. Reaching continue to lead the world in aviation the South Korea free trade agree- across the aisle, we are giving our innovation, we have to find a way to ment—we are talking about more than President a tool—a line-item veto—to fly both manned and unmanned air- $10 billion in trade every year for our make sure we cut out waste, fraud, and craft together in our airspace in the U.S. companies. abuse, and that we control our spend- United States. These free trade agreements reduce ing. As a Governor, the most effective Others and I have been talking to the tariffs on the order of 85 percent. We tool I had was the line-item veto. We FAA and working with the FAA, say- are talking more than a quarter of a need to make sure our President has it ing that you have to promulgate rules, million jobs that will be created if we as well. set the rules of the road—or, in this pass these agreements. For every 4-per- I think we also need to look at a bi- case, the rules of the air—so we can fly cent increase in trade, we are talking ennial budget, so that we pass a budget both manned and unmanned aircraft about 1 million American jobs that we on a two-year cycle—make sure we get together in the U.S. airspace. The FAA can create. Again, it is about creating it passed and the next year we can has been working on this for I don’t the environment that empowers invest- come back and make the adjustments know how long but a long period of ment, empowers our entrepreneurs in we have to make; but at the same time time. As of yet, they have not come this country, and empowers businesses we have time for oversight and making out with those rules so we can fly both large and small to invest and get our sure spending is going in accordance manned and unmanned aircraft in our economy going. with the directive of the Congress, and airspace. But we need to, because if we At the same time we get this econ- whether it is waste, fraud, abuse, or du- don’t, other countries will, and they omy growing, we have to start living plication, that we cut it out. Again, will move ahead of us—maybe not in within our means. Right now, as I indi- this is absolutely what the American military aviation, where we are flying cated, we have a $1.5 trillion deficit and people want us to do. unmanned aircraft all over the world, a debt that is closing in on $14.5 tril- The third area I will touch on for a but how about in commercial and gen- lion. So at the same time we get the minute—and I will go to the next eral aviation and all the other applica- economy growing, which will grow our chart—is building the right kind of en- tions it will have for unmanned air- revenues—not higher taxes, but grow ergy plan, a comprehensive energy pol- craft. revenues from a growing economy, and icy that will help this country develop The FAA bill, which we are now with tax reform that empowers that all of its energy resources. We did it in working to complete—a version was economic growth, at the same time, we North Dakota. I know we can do it at passed in the House and a version was have to get control of our spending and the Federal level. passed in the Senate, and we are trying live within our means. If you think about it, energy develop- to reconcile the two versions. Again, Along with some fellow Senators, we ment in this country is an incredible we need to do this in a bipartisan way. have sponsored a number of pieces of opportunity. It is an opportunity to I have included language that author- legislation that I believe we can pass in produce more energy more cost effec- izes—in fact requires—that the FAA a bipartisan way to make sure we get tively, with better environmental stew- set up airspace in the United States so spending under control. The first is a ardship that will enable all of our in- that manned and unmanned aircraft balanced budget amendment. I come dustries to compete in a global high- can be flown concurrently. Again, it is from a State where I was Governor for tech economy. In addition, what a about making sure that we not only 10 years. We have a balanced budget great opportunity it is to create high- maintain our lead in aviation but cre- amendment. Every year, we are re- paying jobs. Again, I go back to what I ate those exciting, good-paying jobs of quired by our Constitution to balance said before. For our energy companies the future. If the agency isn’t going to the budget. States have a balanced looking to invest hundreds of millions take that step, we as the Congress have budget requirement, and businesses and billions of dollars, they need to to make sure we take that step and and families and communities all have know the rules of the road. It comes move the aviation industry forward. to live within their means. Our Federal back to creating a comprehensive en- Another example is how we have to Government has to live within its ergy policy that sets up those rules of create the environment, the forum that means. the road so they know what their tax encourages that type of innovation, en- If you think about it, a balanced situation is and what the regulation trepreneurship, and investment in job budget amendment gets everybody in- and regulatory requirements are. When creation. That is our role, our responsi- volved. We not only have to pass it in they make those investments to bility, in this most important of all the Senate and in the House with a produce more energy more cost effec- issues, which is getting the economy two-thirds majority, but then it goes tively, with good environmental stew- going and getting people back to work. out to the States for ratification. What ardship, they have to know they are On the free trade agreements, we better way to get everybody through- going to be able to get a return. They have three of them pending—one with out the country directly involved in have to know they can meet the regu- South Korea, the U.S.-South Korea making sure that we control our spend- latory requirements. Those invest- Free Trade Agreement, another is the ing. Every State has to deal with a bal- ments may last 40 and 50 years, and Panama Free Trade Agreement, and anced budget amendment. So it is all of they know they are going to have to be the other is with Colombia. Those us working together as Americans, and able to recoup those investments. trade agreements have been negotiated it is the Congress going to the people of This first chart gives an example of for some time. For three years those this great country and saying: Here is some of the energy development in our

VerDate Mar 15 2010 23:39 Sep 08, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.033 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5414 CONGRESSIONAL RECORD — SENATE September 8, 2011 State. Out West, there is oil and gas. to be done in a bipartisan way to get it and House western caucuses have pro- North Dakota is now the fourth largest through this Congress and signed by posed a wide range of proposals to in- oil-producing State in the country. We the President. But it is that kind of vi- crease the number of red, white, and have passed Oklahoma and Louisiana, sion we need for our country. blue jobs all across the country. and people don’t realize it. Every State I yield the floor. Encouraging the development of all- has some kind of energy. If you look at The PRESIDING OFFICER. The Sen- of-the-above energy resources will cre- this map, we have oil, gas, coal, and ator from Montana is recognized. ate thousands of jobs in the West and wind. We are in the top 10 wind pro- Mr. BARRASSO. Mr. President, U.S. make our country less dependent on ducers. We have biofuels, biomass, job creation in this country, as you foreign energy. This administration solar—we have all of them. Different know, has come to a halt. The Labor has consistently shut down offshore en- States have different strengths. A lot Department reported last Friday that ergy exploration. It has arbitrarily of States have oil, gas, coal, or cer- zero jobs were created in August. The canceled existing leases, and it con- tainly wind, or they can develop the economic recovery that was hoped for tinues to try to impose additional hur- biofuels. failed to materialize, and unemploy- dles to onshore production, such as re- It comes down to creating that envi- ment remains at 9.1 percent. dundant environmental reviews, bur- ronment that stimulates private in- Hope is not enough. Our economy is densome permitting review require- vestment so companies will come in stagnant. The President’s latest pivot ments, and delays in processing of ap- and do exactly what I am talking to jobs is anchored on blaming the pre- plications. about—at the Federal level, as well as vious administration, which is now Our bills—the ones in this report— at the State level. nearly 3 years past. Yet, despite re- will streamline the permitting process This next chart shows what is actu- peated assurances of improvement, and break down the barriers imposed ally happening at the Federal level. President Obama’s own economic poli- by President Obama. This will make it This chart is the cost of major new reg- cies have failed. The President’s stim- cheaper and easier—cheaper and easi- ulations. What it shows over the last ulus plan failed to produce the 3.5 mil- er—for the private sector to create three decades is the cost of regulation lion jobs he promised. His ‘‘green jobs’’ jobs. by year, over the last 30 years. When initiative gave us more red ink but Westerners recognize we cannot pick the cost of regulation is high, if you go never came close to the 5 million new and choose which forms of energy to back and check, you will see our econ- jobs he predicted it would. All the support. When it comes to energy, we omy wasn’t doing very well. When the while the Federal bureaucracy he con- need it all, and we need it now. That is cost of regulation was low, you will see trols churns out expansive and expen- why we need a bill that will let energy that it was doing much better. Look at sive new regulations that amount to an producers tap existing resources of the cost of regulation today. It was assault on private sector job creation. American oil and natural gas. Our plan $26.5 billion in 2010, the cost of meeting The facts are inescapable. Since has a bill that will do that. It is called the regulatory requirements. That is President Obama took office, America the Domestic Jobs, Domestic Energy, what I am talking about. That is what has lost approximately 2.3 million jobs. and Deficit Reduction Act. It has been is impeding job growth and economic We are in an economic crisis—a crisis introduced by both Representative ROB growth and business investment. We that extends to America’s confidence BISHOP of Utah and Senator DAVID VIT- have to address that. We have to roll in the President to do anything that TER of Louisiana. back the regulatory burdens our com- will change the current course. What This bill would force the Department panies and entrepreneurs face today. the American people want is a plan, a of the Interior to stop blocking off- This last chart gives one example of plan that will yield results. They want shore energy exploration. That depart- some of the new regulations EPA is leadership, and they have rejected the ment’s stall tactics have gone so far putting out that somebody who wants President’s insistence that the only that even President Bill Clinton has to develop energy has to meet. If you way forward is through more spending. called them ridiculous. The Domestic are an energy company or a young per- Today, western Members of the Sen- Jobs, Domestic Energy, and Deficit Re- son with a good idea to develop a new ate and House are calling on the Presi- duction Act would force the Obama ad- type of energy, or existing type of en- dent to accept a new way—a progrowth ministration to quit stalling. ergy with a new technology, can you plan to create jobs in the West that The barrage of new regulations com- meet all of these requirements? Can will lead to broader economic recovery ing out of Washington continues to be you even begin to understand them? Do all across the country. The western a big wet blanket—a big wet blanket— you have a big enough legal team and caucus Jobs Frontier report was pro- thrown over the job creators in our scientific team, or a deep enough wal- duced by Members of the Senate and country. In July of 2011, this adminis- let to try to figure that all out before congressional western caucuses. It con- tration issued 229 rules, and it finalized you put your money or your share- tains legislative proposals already in- 379 additional rules that are going to holders’ money at risk? That is what is troduced in both Houses of Congress, cost our job creators over $9.5 billion. impeding economic growth in our coun- and these are proposals that create That is in July alone. try, and we have to deal with it. Con- jobs now. Our plan includes a bill I have intro- gress has to deal with it. The proposals we support speak duced, called the Employment Impact Again, this is not rocket science, and largely to the economic challenges Act. This bill forces Washington regu- it is not about spending more Federal faced by Western States. They are also lators to look before they leap when it dollars. We have to create an environ- aimed at ruinous regulations and reli- comes to regulations that could hurt ment that will encourage, stimulate, ance on foreign energy and lawsuit American jobs. Under the bill I have in- and empower private investment. It is abuse that continues to stifle our en- troduced, every regulatory agency that private investment throughout tire economy. These bills are ready to would be required to prepare a jobs im- this land that will get our economy pass. They are ready to create jobs pact statement. They would have to do going and get people back to work. We today. it with every new rule they propose. can do it. It has to be a long-term Any serious job creation proposal has That statement would include a de- strategy. It can’t be a few stopgap to start with serious steps to increase tailed assessment of the jobs that measures that we put into place now affordable American energy. For dec- would be lost or gained or sent over- for the next 90 days or for 1 year at a ades, westerners have worked in high- seas by any given rule. It would con- time. It has to be on a long-term sus- paying energy jobs, and these jobs have sider whether new rules would have a tained basis. I believe that is what the good benefits. Since taking office, the bad impact on our job market in gen- people want to hear this evening. I Obama administration has consistently eral. think they want to hear that kind of pushed extreme policies and heavy- The administration has also at- commitment to a long-term strategy, a handed regulations that make it harder tempted to drastically increase wilder- progrowth, pro-jobs economic strategy to develop American energy. Very sim- ness areas, to expand Washington’s ju- that will get this economy going now, ply: Fewer energy projects mean fewer risdiction on private waters, and to tomorrow, and for the long term. It has American jobs. Members of the Senate misuse the Endangered Species Act.

VerDate Mar 15 2010 23:39 Sep 08, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.033 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5415 Western lawmakers are proposing to Recent jobless numbers confirm the Sitting in our commander’s briefs for reassert congressional authority to en- current approach from Washington has 2 weeks and talking to our head- sure a proper balance between job cre- failed. If the President is serious about quarters’ leaders and spending a few ation and conservation. Our bills in incorporating the ideas of every Amer- days in the field, it became clear to me this report will increase transparency ican in every part of the country, then if we were working in Afghanistan and stop any administration from he needs to look beyond Washington. alone we would have had a much better issuing regulations without consid- I thank every Member of the Senate chance to turn that country around ering the local economic impact. and congressional western caucuses for more quickly, restoring it to its status Throughout our Nation’s history, their work and their expertise on this as an agricultural economy with a American farmers and ranchers have report. I look forward to turning these loose government and a high degree of provided an affordable, abundant, and ideas into policies and in that way put- autonomy given to each tribe or re- safe domestic supply of food and en- ting all of America back to work. gion. But we are not alone. ergy. In recent years, America’s agri- Mr. President, I yield the floor. While our military reduced al-Qaida cultural and forestry industries have The PRESIDING OFFICER. The Sen- in Afghanistan to a shadow of its been increasingly threatened by the ator from Illinois. former self, a new force is emerging. On surge of regulations coming from AFGHANISTAN AND AID TO PAKISTAN the 10th anniversary of 9/11, al-Qaida, I Washington—especially those from the Mr. KIRK. Mr. President, I want to must report, is still armed and dan- Environmental Protection Agency. Our take some time today to talk about my gerous, but it is far less numerous or plan is going to push back. We will views on Afghanistan and why we capable than it once was. But al-Qaida strengthen these industries and their should rethink aid to Pakistan. is not the most potent force that is ability to meet the world’s growing I just completed my third 2-week re- arrayed against us. food and energy needs. serve assignment in Afghanistan. While The new face of terror is called the Westerners also recognize the mining many Members of Congress get a first- Haqqani network. Built around its sector is vital to our economic recov- hand look at the situation on fact- founder Jalaluddin Haqqani and his son ery. We know manufacturing jobs can- finding missions, my time provided me Siraj, it has become the most dan- not be created without the raw mate- a more indepth view, with a focus on gerous, lethal, and cancerous force in rials needed to produce goods. Since the counternarcotics objectives of Afghanistan. the Obama administration will not NATO’s ISAF mission. One other thing. As much as Paki- Now, first, the good news. The work break down barriers to American min- stani officials claim otherwise, the of our soldiers, marines, sailors and erals, our Nation is growing increas- Haqqanis are backed and protected by airmen is nothing short of amazing. ingly dependent on foreign minerals— Pakistan’s own intelligence service. Serving in one of the poorest, roughest, countries such as China and Russia. Statements by Pakistani Government and most remote parts of the globe, This inaction is unacceptable and it is officials to the contrary are direct lies. they have crushed al-Qaida’s training inexcusable. The Haqqani network kills Americans, bases, they have driven the Taliban Our plan includes Senator MUR- it attacks the elected Government of from government, they have fostered a KOWSKI’s bill, the Critical Minerals Pol- Afghanistan, and remains protected in new elected government, and welded 47 icy Act, which will ensure long-term its Pakistani headquarters of Miriam allies into a force for human rights, de- viability of American mineral produc- Shah. Without that Pakistani safe velopment, and education—especially tion. Her bill requires the U.S. Geologi- haven, the Haqqani network would suf- for girls. cal Survey to establish a list of min- Now, 42 percent of Afghans live on fer the same fate as al-Qaida. Afghan erals critical to the U.S. economy and just $1 a day. Only one in four can read. and U.S. special operations teams take then provide a comprehensive set of Malnutrition is a serious problem, and out many Taliban and al-Qaida com- policies to address each economic sec- infant mortality is the third highest of manders, and these operators operate tor that relies upon those critical min- any country. According to the United each night also against numerous erals. It also creates a high-level inter- Nations, nearly 40 percent of Afghan Haqqani leaders. But the Haqqanis are agency working group to optimize the children under 3 are moderately or se- able to spend all day planning attacks efficiency of permitting in order to fa- verely underweight, and more than 50 on Afghans and Americans and then cilitate increased exploration and pro- percent of children under 3 experience sleeping soundly in their beds in Paki- duction of domestic critical minerals. stunted growth. Afghanistan has more stan. These are just some of the ideas in- than twice the population of Illinois, In such an environment, with our cluded in our jobs frontier plan. As it but its electricity generation for the deficits and debt, military aid to Paki- says: ‘‘Breaking Down Washington’s entire year is less than 2 percent of the stan seems naive at best and counter- Barriers to America’s Red, White and electricity generated in Illinois just for productive at worst. I am seriously Blue Jobs.’’ We eliminate back-door the month of May. thinking we should reconsider assist- cap-and-tax regulations. Finally, we The nearly 30 million people of Af- ance to the Pakistani military. will take on excessive lawsuits against ghanistan are victimized by a number Recently, our President chose to Federal agencies that have increased of terrorist groups beyond just the withdraw 33,000 American troops from dramatically and destroyed jobs in the Taliban, such as the HIG, the ETIM, the Afghan battle. General Petraeus West. and a new threat called the Haqqani and Admiral Mullen did not choose this Every single one of the bills in the network, which I will go into detail option. Nevertheless, I think our new Republican jobs plan has been written about. But the Afghans are mostly vic- commander, General Allen, can with- and introduced in one or both Houses timized by their neighbors, the Paki- draw the first 10,000 American troops of Congress. This is a plan that can be stanis. by Christmas without suffering a mili- implemented now. This is a plan that I served as a reservist in Afghanistan tary reversal in Afghanistan. Afghani- will work to create jobs. This is a plan for the first time in 2008, and I believed stan’s Army and police are growing in that will reduce the cost of energy and then that Pakistan was complicated; size—now numbering over 300,000—and restart the economy. that we have many issues there and capability. Despite recent reports of There is a lot that needs to be done that we should advance our own inter- desertions, Afghan security forces will to fix our ailing economy. These are ests diplomatically. I no longer agree soon reach a level where some of our some ideas—western ideas—that come with that. troops may safely leave the country. from the lawmakers that know best Pakistan has now become the main As we withdraw, we should consider how our rural communities are suf- threat to Afghanistan. Pakistan’s in- enablements, such as a pay raise for fering and how we can get folks back to telligence service is the biggest danger Afghan troops, to improve their reten- work. Many of these proposals come to the Afghan Government. Pakistan tion and morale. from the States. They have the support also poses a tremendous threat to the I spoke with General Allen about a of our western Governors and legisla- lives of American troops. Let me be commander’s assessment that should tors. These are ideas not born in Wash- clear: Many Americans died in Afghan- be delivered at the end of the year. ington. istan because of Pakistan’s ISI. After withdrawing 10,000 troops, I hope

VerDate Mar 15 2010 03:30 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.035 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5416 CONGRESSIONAL RECORD — SENATE September 8, 2011 he will clearly define when the next help. Without regular U.S. combat per year, not $115 million. It was $115 23,000 can come out. troops, we risk a Taliban-Haqqani-ISI million over 10 years. So I wish to In the United States, politically alliance winning unless we do help that stand to put that in the RECORD that I there is little difference between with- Afghan military. was in error and Senator WHITEHOUSE drawing at the end of the year and On the 10th anniversary of 9/11, we as a cordial colleague questioned me on withdrawing at the end of the fiscal should all agree that Afghanistan it and I thank him for his account- year, but militarily there is a world of should never become a major threat to ability. difference. The fighting season in Af- American families again. Should Paki- We have before the Senate now a pat- ghanistan runs through October. If stan not change its ways, we can do ent bill. There is no question there is a General Allen is ordered to withdraw one other thing: an American tilt to- lot of work we need to do on patents. I his troops by September 30, then many ward India, to encourage the world’s know the President pro tempore sits on of his forces will disappear during the largest democracy to bankroll an Af- the committee that I do and we have Taliban’s key offensive months. But if ghan Government that fights terror spent a lot of time on this. But I am the troops leave in November-Decem- and the ISI. Given the outright lying very concerned, I have to say, about ber, we will guarantee another bad and duplicity of Pakistan, it appears a what we are hearing in the Senate military year for the Taliban and the tilt toward India will allow us to re- about why we wouldn’t do the right Haqqanis and an even stronger Afghan duce our forces in Afghanistan, know- thing that everybody agrees we should Army in the long term. ing India will help bankroll an Afghan be doing because somebody doesn’t I hope the President sets an end-of- Government. This would allow us to re- want us to do that in the House, and I year deadline rather than an end-of-fis- duce our troops while also reducing the think it is the worst answer we could cal-year deadline. It is right to do mili- possibility of Afghanistan once again ever give the American people. tarily and politically. If he does this, becoming a terrorist safe haven. When we have a 12-percent approval he reduces the chance of a radical Is- Pakistanis would object to this pro- rating, and the Republicans have worse lamic extremist victory on the Afghan Indian outcome, but they will only than that, why would we tell the Amer- battlefield in 2012. have their own ISI to blame. Sep- ican people we are not going to do the While in Afghanistan, I worked to tember 11 teaches us that neither the right thing for the right reason at the help update and rewrite ISAF’s coun- United States nor India can tolerate a right time because somebody in the ternarcotics plan. Afghanistan is the new formal Afghan terror state. It is House doesn’t want us to and that we source of over 80 percent of the world’s too bad Pakistan has chosen to back are going to say we are not going to heroin and opium. The drug economy the losing side—the terrorists—against put these corrections into a patent bill fuels the insurgency and corruption of the Afghan people and the two largest that are obviously important and we the Afghan Government itself. From democracies on Earth. are going to say it is going to kill the 2001–09, Secretary Rumsfeld and then- Finally, a word about our troops. bill when, in fact, it is not going to kill Ambassador Holbrooke blocked ISAF Each night they combat the most dan- the bill? But that is what we use as a from doing much about narcotics. This gerous narco-insurgents on Earth, and rationalization. So let me describe for left a huge funding source for the in- many 19- and 20-year-old Americans a minute what has gone on over the surgency untouched. volunteer to serve over 7,000 miles from years and what has not happened. ISAF was able to change direction home. Their generation is named after The first point I would make is there slightly in 2009 and 2010 by supporting September 11, but these Americans in has not been one oversight hearing of interdiction and eradication and alter- uniform not only carry their genera- the Patent Office by the Appropria- native livelihoods for Afghan farmers. tion’s label, they are personally em- tions Committee in either the House or While commendable, these programs ployed in risking their lives to ensure the Senate for 10 years. So they didn’t work and the size of the Afghan that all Americans will never again haven’t even looked at it. Yet the ob- poppy crop is likely to go up. witness another September 11. jection to, and what we are seeing from The plan I worked on advocates a They are America’s best hope, and I an appropriations objection is—and shift in ISAF to apply its military hope to God when I am older some of even our chairman of our Committee strength of intelligence, helicopters, them run for President. From my own on the Judiciary, who is an appropri- and special operations to support Af- nursing home, I know the country ator, supports this amendment but ghan decisions to arrest the top drug would be in good hands if one of these isn’t going to vote for it because some- lords of Afghanistan, starting with the young Americans were to guide our Na- body in the House is going to object to ones who heavily financially back the tion’s destiny. it. insurgency. We joined in 2005 to arrest I am lucky to know many of their But the point is, we have money that bin Laden’s banker Haji Bashir names. MAJ Fred Tanner, U.S. Army; people pay every day. From univer- Noorzai, and we should do it again. LT Doug McCobb, Air Force; MG Mick sities to businesses to individual small I strongly back the Afghan Counter- Nicholson, Army; and our allies, Wg inventors, they pay significant dollars narcotics Ministry idea to announce a Cdr Howard Marsh, Royal Air Force; into the Patent Office. Do you know top 10 drug lord list to emulate the GEN Renee Martin, French Army; what has happened with that money early success of J. Edgar Hoover when RADM Tony Johnstone-Brute, Royal this year? Eighty-five million dollars he established the reputation of the Navy; and COL Robin Vickers, British that was paid for by American tax- FBI. In our remaining 2 years in Af- Army. I honor them and their younger payers for a patent examination and ghanistan, we can do a lot to cripple comrades, wishing all the military per- first looks didn’t go to the Patent Of- the insurgency and help the 2014 elec- sonnel of ISAF’s 47 nations a very good fice. Yet we have over 1 million patents tions by removing a number of key bad day as they awake in Afghanistan to- in process at the Patent Office, and actors from the battlefield. morrow morning for another hard day’s over 700,000 of those haven’t ever had What about the future? The Presi- work on one of the toughest battle- their first look. dent says our formal current mission fields in the world. So when we talk about our economy will end in 2014. Much of his vision will I yield back. and we talk about the fact that we be approved at the Chicago NATO sum- The PRESIDING OFFICER. The Sen- want to do what enhances intellectual mit in May of 2012. By 2014, I believe ator from Oklahoma. property in our country—which is one Afghans will be able to do nearly all of Mr. COBURN. Mr. President, I wish of our greatest assets—and then we the conventional fighting, with some to talk about an amendment, but also don’t allow the money that people ac- U.S. special operations support remain- I had one of my colleagues who was sit- tually pay for that process to go for ing. ting in your position as President pro that process and we have backlogged But remember, while the Afghan tempore notice an error I made on July for years now patent applications, we Army is likely to win, its budget for 27. Senator WHITEHOUSE questioned my have done two things. One is we have this year is $11 billion. The Afghan numbers and, in fact, he was right. I limited the intellectual property we Government collected only $1 billion in said $115 million in regard to the sav- can capture. No. 2 is we have allowed tax revenue in 2010. We will have to ings on limousines. It was $11.5 million people to take those same patents,

VerDate Mar 15 2010 23:39 Sep 08, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.036 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5417 when we have limited ability, espe- clearly, since the work for which these fees agency is not planning to continue growing cially some of our smaller organiza- were paid remains pending at USPTO, at indefinitely. An important part of our multi- tions, and patent them elsewhere. So some point in the future we will have to col- year plan is an eventual moderation of our the lack of a timely approach on that lect more money in order to actually per- workforce requirements, once we have form the already-paid-for services. If USPTO achieved a sustainable steady state. is lacking. had received the authority to expend these At the same time that USPTO is working The process is broken. Since 1992, al- funds, we would have paid for activities such to achieve these goals, we will also be work- most $1 billion has been taken out of as overtime to accelerate agency efforts to ing to restructure our fees to ensure that the the Patent Office. So we wonder, why reduce the backlog of nearly 700,000 patent agency is recovering adequate costs to sus- in the world is the Patent Office be- applications, as well as activities to improve tain the organization. Once our fees have hind? our decaying IT systems, which are a con- been set, we will continually monitor our The Patent Office is behind because stant drag on efficiency. As history has dem- collections over the next several years to en- we will not allow them to have the onstrated, withholding user fees from sure that our operating reserve does not USPTO is a recipe for failure. Effecting real funds the American taxpayers who are grow to unacceptably high levels at the ex- reforms at the USPTO requires first and pense of USPTO’s stakeholders. trying to get ideas and innovations, foremost financial sustainability. Ensuring Thank you again for your support and your copyrights, trademarks, and patents that the agency has consistent access to ade- superb leadership on this important issue. done—we will not allow the Patent Of- quate funding is a key component of achiev- With the continued commitment of the fice to have the money. ing this. House and Senate Committees on Appropria- The amendment I am going to be of- Further, the unpredictability of the annual tions to ensuring the USPTO’s ongoing abil- fering—and I have a modification on it appropriations cycle severely hinders ity to utilize its fee collections, we can put USPTO’s ability to engage in the kind of the agency on a path to financial sustain- that is trying to be cleared on the multi-year, business-like planning that is other side, and I will not actually call ability, and enable it to deliver the services needed to effectively manage a demand-driv- paid for and deserved by American up the amendment at this time until I en, production-based organization. The only innovators. hear whether that has been accepted. way we will be able to effectively implement Sincerely, The amendment I have says we will no our multi-year strategic plan, and achieve DAVID J. KAPPOS, longer divert the money that American our goals of reducing the patent backlog and Under Secretary and Director. businesses, American inventors, Amer- pendency to acceptable levels, is through an Mr. COBURN. I must tell you that we ican universities pay to the Patent Of- ongoing commitment to ensuring the USPTO has full access to its fee collections—not just are so fortunate that we have Director fice to be spent somewhere else; that it in fiscal year 2012, but for each and every Kappos. We have a true expert in pat- has to be spent on clearing their pat- year beyond FY 2012. Only this assurance ents, with great knowledge, who has ents. will enable the agency to move forward with made tremendous strides in making I ask unanimous consent to have the confidence that we are basing critical great changes at our Patent Office. But printed in the RECORD—and I will sub- multi-year decisions about staffing levels, IT he requires a steady stream of money, mit a copy at this time—a letter I re- investment, production, and overtime on an and he requires the ability to manage ceived August 1 from the head of the accurate and reliable funding scenario. Along these lines, if America is to main- the organization in a way where he can Patent Office. actually accomplish what we have There being no objection, the mate- tain its position as the global leader in inno- vation, it is essential that American busi- asked him to do. rial was ordered to be printed in the nesses and inventors not suffer the adverse Frankly, I have spent a lot of time RECORD, as follows: effects of drawn-out continuing resolutions working with the Patent Office—not UNITED STATES (CR), which have become common in recent with everybody else who wants an ad- PATENT AND TRADEMARK OFFICE, years. The constant stops and starts associ- vantage in the patent system but with Alexandria, VA, Aug. 1, 2011. ated with the CR cycle can have disastrous the Patent Office—and I am convinced Hon. TOM COBURN, consequences, especially for a fee-based we have great leadership there. U.S. Senate, agency with a growing workload, as is the In his letter, he talks about their in- Washington, DC. case for USPTO. The challenges presented by DEAR SENATOR COBURN: Per your request, I the pending patent reform legislation will be ability to update their IT because the am writing today to follow up on our discus- particularly difficult to undertake if the money is not there because we will not sion last week regarding United States Pat- agency is not allowed to grow along a steady let him have the money—their money, ent and Trademark Office (USPTO) funding. path to address our increasing requirements. the money from the American tax- As you know, the House-passed version of As such, we must be assured that the USPTO payers. the America Invents Act (H.R. 1249) replaces will have full access to its fees throughout Let me give a corollary. If, in fact, a key funding provision that would have cre- the year—not just after a full year appro- you drive your car into the gas station, ated the USPTO Public Enterprise Fund—ef- priations act is enacted. Therefore, a com- fectively sheltering the USPTO from the un- you give them $100 for 25 or 28 gallons mitment to include language in future con- of gas, and they only give you 12 gal- certainties of the appropriations process and tinuing resolutions that will address the ensuring the agency’s ability to access and USPTO’s unique resource needs is para- lons of gas and they say: Sorry, the Ap- spend all of the fees it collects—with a provi- mount. propriations Committee said you sion creating the Patent and Trademark Re- As outlined in our Strategic Plan and in couldn’t have all the gas for the money serve Fund. This provision keeps the USPTO our FY 2012 budget submission, USPTO has a you paid, you would be outraged. If you in the current appropriations process, but re- multi-year plan in place to reduce patent go to the movie, you pay the fee to go quires that all fees collected in excess of the pendency to 10 months first action and 20 to the movie and you buy a ticket, you annual appropriated amount be deposited months final action pendency, and to reduce walk in, and halfway through the into the Reserve Fund, where they will be the patent application backlog to 350,000. available to the extent provided for in appro- During the next three to four years, we will movie they stop the projection and say: priations acts. In a June 22, 2011 letter to continue and accelerate implementation of a Sorry, we are not going to give you the Speaker Boehner, House Appropriations series of initiatives to streamline the exam- second half of the movie even though Committee Chairman Rogers committed to ination process, including efforts to improve you paid for it—inventors in this coun- ensuring that the Committee on Appropria- examination efficiency and provide a new, try have paid the fees to have their tions carry language providing that all fees state-of-the-art end-to-end IT system, which patents examined and evaluated and collected in excess of the annual appro- will support each examiner’s ability to proc- reviewed. Yet we, because of the power priated amount would be available until ex- ess applications efficiently and effectively. pended only to the USPTO for services in While efficiency gains are essential, we struggle, have decided we are not going support of fee-paying patent and trademark will not reach our goals without also in- to let that money go to the Patent Of- applicants. I was pleased to see that the fis- creasing the capacity of our examination fice. The amendment I have says we cal year 2012 appropriations bill reported by core. As outlined in the FY 2012 budget, we are going to allow that to happen. If the Committee did in fact carry this lan- plan to hire an additional 1,000 patent exam- money is paid and it goes into a proper guage. iners in FY 2012, with another 1,000 examiner fund that is allocatable only to the I would like to reiterate how crucial it is hires planned for FY 2013. This added capac- Patent Office, it cannot be spent any- for the USPTO to have access to all of the ity, combined with full overtime, will allow where else and has to go to the Patent fees it collects. This year alone, we antici- us to bring the backlog and pendency down pate that the agency will collect approxi- to an acceptable level. Office. mately $80 million in fees paid for USPTO Let me also be clear that while these en- Some of the objections, especially services that will not be available for ex- hancements are necessary to allow the from the House Appropriations Com- penditure in performing those services. Quite USPTO to tackle the current backlog, the mittee, are that there is no oversight.

VerDate Mar 15 2010 03:30 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.036 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5418 CONGRESSIONAL RECORD — SENATE September 8, 2011 The reason there is no oversight is be- CONGRESSIONAL RECORD, she asked would not have access to the fees, how- cause they have not done any oversight Chairman ROGERS if 100 percent of the ever, should it collect more than its ap- and neither have we, so you cannot user fees would go to the PTO, and Mr. propriation. claim that as an excuse as to why you ROGERS stated that the fees would not In the Dodd-Frank bill, Congress are afraid. This patent bill will give an be siphoned off for any other agency or again changed the treatment of the authorization for 7 years for the fees. purpose and remain in the account for fees and required some of the fees to go We can change that if we want, but the future years. But according to the to the General Treasury and others to fact is that we are never going to know PTO, in fiscal year 2000, $121 million the reserve fund. As a result, lots of if we need to change it if we never do was, in fact, diverted. So when we have complaints with the SEC, and they oversight, which we have not done. No- the chairman of the committee say we still do not have access to their funds. body has done oversight on patents. I should not doubt the word of the Ap- Thus, like the PTO, if Congress chooses am talking aggressive oversight: What propriations Committee, yet we have not to provide all the funds in the ini- did you start? What was your end? How in the RECORD the exact opposite of tial appropriation, they will not have much did you spend? Where did you what the Appropriations Committee them. spend the money? What is your em- said was going to happen, we should be In the 2012 budget justification from ployee turnover? What is your em- concerned and we should fix it to where the Securities and Exchange Commis- ployee productivity? What should we the money for patent examination goes sion, they noted it had significant chal- expect? for patent examination. So we have a lenges maintaining a staffing level suf- None of that has been asked. I believe clear record of a statement that says it ficient to carry out its core mission. it is probably pretty good based on the was not going to happen, and, in fact, From 2005 to 2077, SEC had frozen or re- fact that I have a lot of confidence in $121 million was diverted from the Pat- duced budgets that forced reduction of the management at the Patent Office, ent Office. 10 percent of their staff and 50 percent especially what I have seen in terms of Finally, from 1992 to 2007, $750 mil- of technology investment. What hap- performance for the last couple of lion more in patent and trademark fees pened in 2007 in this country? What years versus before that, but the fact is was collected than was allowed to be were the problems? So the diversion of that oversight has not been done. spent by the Patent and Trademark Of- the money from the SEC actually con- It is not just the Patent Office. It fice. Had they had that money, we tributed to the problems we had in this hasn’t been done anywhere. Very little would have a backlog of about 100,000 country. So it does not work. Finally, one that is my favorite and oversight has been done by the Senate, patents right now, not 750,000. We that I have fought against every year and it is one of the biggest legitimate would have intellectual property as a that I have been here is the Crime Vic- criticisms that can be made of us as a greater value in our country, with tims Fund, and that is a fund where body, that we are lazy in our oversight greater advantage over our trading people who are criminals actually have function. Of the $3.7 trillion that is partners because that money would to pay into a fund to do restitution for going to be spent, we are going to have have been effectively used. criminal victims, and we have stolen oversight of about $100 billion of the On July 12, former CBO Director billions of dollars from that fund. They total. Douglas Holtz-Eakin wrote to Senators are not taxes, they are actually res- The amendment does a couple of REID and MCCONNELL noting: things. Let me kind of detail that for a titution moneys, but the Congress has The establishment of the Patent and stolen it and spent it on other areas. moment. One of the things is that by Trademark reserve fund in H.R. 1249 would returning the money to the Patent Of- be ineffective in stopping the diversion of The morality of that I don’t think fice, the Director thinks he can actu- the fees from the U.S. Patent Office. leads anybody to question that that is ally cut the backlog in half. In other In other words, what is in this bill wrong. words, we have over 700,000 patents now will not stop the diversion of the AMENDMENT NO. 599, AS MODIFIED that have never been looked at sitting fees. Now, if I may, let me call up amend- at the Patent Office now, and he be- Just so people think I am not just ment 599. I ask that the pending lieves that in a very short period of picking on one area, this is a bad habit amendment be set aside and ask that time they could cut that to 350,000. of Congress. It is not just in the Patent the amendment be modified with the From 1992 through 2011, $900 million and Trademark Office that we tell peo- changes at the desk. The PRESIDING OFFICER (Mr. has been taken from the PTO. In 2004 ple to pay a fee to get something done SANDERS). Is there objection? Congress diverted $100 million, in 2007 and we steal the money and use it Mr. LEAHY. Mr. President, I suggest it diverted $12 million, last year it di- somewhere else. For example, in the the absence of a quorum. verted $53 million, and it is $80 million Nuclear Waste Fund at the Department The PRESIDING OFFICER. The Sen- to $85 million that is going to be di- of Energy, utility payments by indi- ator from Oklahoma has the floor. verted this year. In 4 years out of the vidual consumers pay for a nuclear Is there objection? last 10, Congress gave the Patent Office waste fee. That money has been spent Mr. LEAHY. Reserving the right to all the money because it was so slow, on tons of other things through the object, the Senator from Oklahoma so lethargic in terms of meeting the years rather than on the collection and knows that the basic thing he is trying needs of inventors. The only thing we management of nuclear waste. To the to do is something I had supported. As have in the current bill is the promise tune of $25 billion has been spent on he knows, I put it in the managers’ of a Speaker and the promise of a other things. package. He also is aware that my be- chairman that they will do that. There The Securities and Exchange Com- lief is—obviously we disagree—my be- is nothing in law that forces them to mission is a fee-based agency. Since lief is that the acceptance of his do it. There is nothing that will make the SEC was established, it has col- amendment will effectively kill the sure the money is there. No matter lected money via user fees, charged for bill. Even today the leadership in the how good we fix the patent system in various transactions in order to cover House told me they would not accept this country, if there is not the money the cost of its regulation. The primary that bill with it. I say this only be- to implement it, we will not have fees are for sales of stock, registration cause tactically it would be to my ad- solved the problems. of a new stock, mergers, tender offers. vantage to object to the amendment. In June of 2000, the House debated It also collects fees for penalty fines, But the distinguished Senator is one of the PTO funding, and an interesting for bad behavior. They go into the the hardest working members of the exchange took place between Rep- Treasury’s general fund, and amounts Judiciary Committee. He is always resentative ROYBAL-ALLARD and Rep- collected above the SEC budget were there when I need a quorum. Out of re- resentative ROGERS, who was a car- diverted to other government pro- spect for him, I will not object. dinal at the time. Representative grams. Mr. COBURN. I thank the Senator for ALLARD discussed the problem of PTO In 2002, Congress changed the treat- this. This is a minor technical correc- fee diversion and the need for user fees ment of the fees of the SEC so they tion. to pay for the work of the agency. She would only go to a special appropria- The PRESIDING OFFICER. Without asked—in the documentation of the tion account solely for the SEC. SEC objection, the clerk will report.

VerDate Mar 15 2010 01:50 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.038 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5419 The bill clerk read as follows: (3) EXPENSES.—Amounts deposited into the Let me spend a moment talking Fund under paragraph (2) shall be available, The Senator from Oklahoma [Mr. COBURN], about the chairman and his belief that without fiscal year limitation, to cover— for himself, Mr. DEMINT, Mrs. FEINSTEIN, this will not go anywhere. This is a (A) all expenses to the extent consistent Mrs. BOXER, Mr. UDALL of Colorado, Mr. critical juncture for our country, when with the limitation on the use of fees set ENZI, and Mr. BURR, proposes an amendment forth in section 42(c) of title 35, United we are going to make a decision to not (No. 599), as modified. States Code, including all administrative do what is right because somebody is The amendment is as follows: and operating expenses, determined in the threatening that they do not agree (Purpose: To amend the provision relating to discretion of the Under Secretary to be ordi- with doing what is right and that they funding the Patent and Trademark Office nary and reasonable, incurred by the Under will not receive it. In my life of 63 by establishing a United States Patent and Secretary and the Director for the continued years, that is how bullies operate, and Trademark Office Public Enterprise Fund, operation of all services, programs, activi- the way you break a bully is you chal- and for other purposes) ties, and duties of the Office relating to pat- lenge a bully. ents and trademarks, as such services, pro- The fact is, I have just recorded into On page 137, line 1, strike all through page grams, activities, and duties are described 138, line 9, and insert the following: under— the history of the House the state- SEC. 22. PATENT AND TRADEMARK OFFICE FUND- (i) title 35, United States Code; and ments by the chairman of the Appro- ING. (ii) the Trademark Act of 1946; and priations Committee in the House in (a) DEFINITIONS.—In this section, the fol- (B) all expenses incurred pursuant to any terms of his guarantee for protecting lowing definitions shall apply: obligation, representation, or other commit- the funds for PTO, which he turned (1) DIRECTOR.—The term ‘‘Director’’ means ment of the Office. around and took $121 million out of the the Director of the United States Patent and (d) ANNUAL REPORT.—Not later than 60 funds that very same year that he days after the end of each fiscal year, the Trademark Office. guaranteed on the floor that he (2) FUND.—The term ‘‘Fund’’ means the Under Secretary and the Director shall sub- public enterprise revolving fund established mit a report to Congress which shall— wouldn’t do. So what I would say is we under subsection (c). (1) summarize the operations of the Office ought not worry about idle threats. (3) OFFICE.—The term ‘‘Office’’ means the for the preceding fiscal year, including finan- What we ought to be worried about is United States Patent and Trademark Office. cial details and staff levels broken down by doing what is best and right for our (4) TRADEMARK ACT OF 1946.—The term each major activity of the Office; country. What is best and right is to ‘‘Trademark Act of 1946’’ means an Act enti- (2) detail the operating plan of the Office, give the money to the Patent Office tled ‘‘Act to provide for the registration and including specific expense and staff needs for that people are paying for so the pat- the upcoming fiscal year; protection of trademarks used in commerce, ents will get approved and our techno- to carry out the provisions of certain inter- (3) describe the long term modernization national conventions, and for other pur- plans of the Office; logical innovations will be protected. I poses’’, approved July 5, 1946 (15 U.S.C. 1051 (4) set forth details of any progress towards don’t buy the idea the House is not et seq.) (commonly referred to as the ‘‘Trade- such modernization plans made in the pre- going to take this if we modify it. mark Act of 1946’’ or the ‘‘Lanham Act’’). vious fiscal year; and Actually, what 95 percent of the peo- (5) UNDER SECRETARY.—The term ‘‘Under (5) include the results of the most recent ple in this country would agree to is Secretary’’ means the Under Secretary of audit carried out under subsection (f). that the Patent Office ought to get the Commerce for Intellectual Property. (e) ANNUAL SPENDING PLAN.— money we are paying for patent fees, (b) FUNDING.— (1) IN GENERAL.—Not later than 30 days after the beginning of each fiscal year, the just as the FDA should get the money (1) IN GENERAL.—Section 42 of title 35, paid by drug companies for new appli- United States Code, is amended— Director shall notify the Committees on Ap- (A) in subsection (b), by striking ‘‘Patent propriations of both Houses of Congress of cations, just as the Park Service and Trademark Office Appropriation Ac- the plan for the obligation and expenditure should put the money for the camping count’’ and inserting ‘‘United States Patent of the total amount of the funds for that fis- sites—the paid-for camping sites—back and Trademark Office Public Enterprise cal year in accordance with section 605 of the into the camping sites. Why would we Fund’’; and Science, State, Justice, Commerce, and Re- run away from doing the right thing? (B) in subsection (c), in the first sentence— lated Agencies Appropriations Act, 2006 I find it very difficult when we ra- (i) by striking ‘‘To the extent’’ and all that (Public Law 109–108; 119 Stat. 2334). tionalize down doing the correct thing follows through ‘‘fees’’ and inserting ‘‘Fees’’; (2) CONTENTS.—Each plan under paragraph (1) shall— that everybody agrees should be done and but we will not do it for the right rea- (ii) by striking ‘‘shall be collected by and (A) summarize the operations of the Office shall be available to the Director’’ and in- for the current fiscal year, including finan- sons. That is why we have a 12-percent serting ‘‘shall be collected by the Director cial details and staff levels with respect to approval rating. That is why people and shall be available until expended’’. major activities; and don’t have confidence in Congress—be- (2) EFFECTIVE DATE.—The amendments (B) detail the operating plan of the Office, cause we walk away from the tough made by paragraph (1) shall take effect on including specific expense and staff needs, challenges of bullies who say they the later of— for the current fiscal year. won’t do something if we do what is (A) October 1, 2011; or (f) AUDIT.—The Under Secretary shall, on an annual basis, provide for an independent right. I am not going to live that way. (B) the first day of the first fiscal year that I am not going to be a Senator that begins after the date of the enactment of audit of the financial statements of the Of- this Act. fice. Such audit shall be conducted in ac- way. I am going to stand on the posi- cordance with generally acceptable account- (c) USPTO REVOLVING FUND.— tion of principle. ing procedures. (1) ESTABLISHMENT.—There is established This is a principle with which 95 Sen- in the Treasury of the United States a re- (g) BUDGET.—The Fund shall prepare and ators in this body agree. We are going volving fund to be known as the ‘‘United submit each year to the President a busi- to have several of our leaders try to get States Patent and Trademark Office Public ness-type budget in a manner, and before a them not to do that on the basis of ra- date, as the President prescribes by regula- Enterprise Fund’’. Any amounts in the Fund tionalization to a bully system that shall be available for use by the Director tion for the budget program. (h) SURCHARGE.—Notwithstanding section says: We will not do the oversight, but without fiscal year limitation. 11(i)(1)(B), amounts collected pursuant to the we still want to be in control. (2) DERIVATION OF RESOURCES.—There shall surcharge imposed under section 11(i)(1)(A) In fact, in the process of that, Amer- be deposited into the Fund [and recorded as shall be credited to the United States Patent offsetting recipts] on or after the effective ica loses because we have 750,000 pat- and Trademark Office Public Enterprise date of subsection (b)(1)— ents that are pending right now, and Fund. (A) any fees collected under sections 41, 42, there should only be about 100,000. and 376 of title 35, United States Code, pro- Mr. COBURN. I thank the chairman The bullies have won in the past, and vided that notwithstanding any other provi- of the Judiciary Committee. I noted I am not going to take it anymore. I sion of law, if such fees are collected by, and earlier, before I came to the floor, he am going to stand up and challenge it payable to, the Director, the Director shall supported it in principle and we have a every time. I am going to make the ar- transfer such amounts to the Fund, provided, difference in principle about what gument that if a person pays a fee for however, that no funds collected pursuant to would happen to the bill. This is a something in this country for the gov- section 9(h) of this Act or section 1(a)(2) of Public Law 111–45 shall be deposited in the minimal technical correction that was ernment to do, that money ought to be Fund; and recommended to us, and I appreciate spent doing what it was paid to the (B) any fees collected under section 31 of the Senator for allowing that to be government to do. It is outside of a the Trademark Act of 1946 (15 U.S.C. 1113). considered. tax; it is a fee. It is immoral and close

VerDate Mar 15 2010 03:30 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.038 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5420 CONGRESSIONAL RECORD — SENATE September 8, 2011 to being criminal to not correctly the expense of everybody else. They Angiomax might have been able to hit phar- spend that money from that fee. have access. Those who are lowly, macies since 2010, costing the Medicines Co. If our body decides today we are those who are minimal in terms of between $500 million and $1 billion in profits. If only the story ended there. going to table this amendment, the their material assets do not. It is the Instead, the Medicines Co. has mounted a question the American people have to type of thing that undermines the con- lobbying offensive to get Congress to end run ask is, Where is the courage in the Sen- fidence we need to have. the judicial system. Since 2006, the Medi- ate to do what is best for our country? I just wanted to say I am a cosponsor cines Co. has wrangled bill after bill onto the Why are the Senators here if they are of Senator SESSIONS’ amendment. I be- floor of Congress that would change the rules not going to do what is best for the lieve he is accurate. I think they have retroactively or give the Patent Office direc- country? Why are they going to play won this in court. It is on appeal. They tor discretion to accept late filings. One the game of rationalization and extor- will probably win it on appeal. This version was so overtly drawn as an earmark that it specified a $65 million penalty for late tion on principles that matter so much will end up being necessary, and there filing for ‘‘a patent term extension . . . for a to our future? I will not do that any- is a way for us to fix it if, in fact, they drug intended for use in humans that is in more. Everybody knows this is the lose, if it is appropriate to do that. I the anticoagulant class of drugs.’’ right thing to do. We are babysitting believe it is inappropriate at this time. . . . no one would pretend the impetus for some spoiled Members of Congress who I yield the floor and reserve the re- this measure isn’t an insider favor to save don’t want to carry out their respon- mainder of my time. $214 million for a Washington law firm and sibilities in an honorable way and do Mr. MCCAIN. Mr. President, I rise in perhaps more for the Medicines Co. There the oversight that is necessary. What support of the Sessions amendment was never a problem to fix here. In a 2006 which seeks to remove an egregious ex- House Judiciary hearing, the Patent Office they want to do is complain that they noted that of 700 patent applications since do not have control. ample of corporate welfare and blatant 1984, only four had missed the 60-day dead- Well, this bill authorizes funds for 7 earmarking, to benefit a single inter- line. No wonder critics are calling it the Dog years. We can change that number of est, in the otherwise worthwhile patent Ate My Homework Act. years. We can actually change the ac- reform bill before the Senate. Needed The stakes are also high for patients tual amount of fees if, in fact, they are reform of our patent laws should not be in our health care system. Let me read not doing a good job. But right now, as diminished nor impaired by inclusion an excerpt from the Generic Pharma- already put in the RECORD, there is no of the shameless special interest provi- ceutical Association letter dated July history of significant oversight to the sion, dubbed ‘‘The Dog Ate My Home- 20, 2011: Patent Office, so they would not know work Act’’ that benefits a single drug The Medicines Company amendment in the first place. So what we are ask- manufacturer, Medicines & Company, adopted during House consideration of H.R. ing is to do what is right, what is to excuse their failure to follow the 1249 modifies the calculation of the 60-day transparent, what is morally correct drug patent laws on the books for over period to apply for a patent term extension and give the Patent Office the oppor- 20 years. and applies that new definition to ongoing tunity to do for America what it can do The President tonight will deliver litigation. We are deeply concerned about for them instead of handcuffing us and another speech to tell us that unem- the precedent of changing the rules of the ployment is too high and that we need patent extension process retroactively, handicapping us where we cannot com- which appears to benefit only one company— pete on intellectual property in our to get America back to work to turn The Medicines Company, which missed the country. around our near stagnant economy. filing deadline for a patent extension for its I have said enough. I will reserve the While it may end up being more of the patent on the drug Angiomax. remainder of my time when I finish same policies that have not worked for If enacted into law, this provision would talking about one other item. the last 21⁄2 years, I look forward to change the rules to benefit one company There is an earmark in this patent hearing what he has to say. But, look that, by choice, waited until the last minute bill for The Medicines Company. It at what is going on here today, just a to file a simple form that hundreds of other ought not be there. This is something companies have filed in a timely manner couple hours before the President tells since the enactment of the Hatch-Waxman that is being adjudicated in the courts us how he proposes to fix the economy, Act in 1984. In doing so, the amendment right now. Senator SESSIONS has an there are 14 million Americans out of would ultimately cost consumers and the amendment that would change it. I be- work and a full day of the Senate’s government hundreds of millions of dollars lieve it is inappropriate to specify one time is being spent debating a bailout by delaying the entry of safe, affordable ge- company, one situation on a drug that of a prominent law firm and a drug neric medications. . . . is significant to this country, and we manufacturer. I think the American The rules and regulations that govern pat- are fixing the wrong problem. We prob- people would be justified in wondering ents and exclusivity pertaining to both ge- neric and brand drugs are important public ably would not win that amendment. I if they were in some parallel universe. policy. While it is Congress’s prerogative to think it is something the American Patent holders who wish to file an change or clarify statutory filing deadlines, people ought to look at and say: Why is extension of their patent have a 60-day we strongly urge you to do so in a manner this here? Why is something in this big window to make the routine applica- that does not benefit one company’s liti- bill that is so important to our coun- tion. There is no ambiguity in this gating position. GPhA urges you to strike try? timeframe. In fact, there is no reason section 37 from H.R. 1249. I agree with our chairman. He has to wait until the last day. A patent Passing the Sessions amendment and worked months, if not years, over the holder can file an extension application removing the provision from the bill is last 6 years trying to get to this proc- any time within the 60-day period. In- not detrimental to passing the patent ess, and now we have this put in. We deed, hundreds and hundreds of drug reform bill. The bailout provision was did not have it in ours. The chairman patent extension applications have not included in the Senate-passed pat- did not have it in ours. It came from been filed since the law was enacted. ent bill earlier this year. It was added the House. Four have been late. Four! in the House. The provision can and We ought to ask the question Why is Why is this provision in the patent should be stripped in this vote today. it there? Why are we interfering in reform bill? One reason: special inter- The House can easily re-pass the bill something that is at the appellate est lobbying to convince Congress to without the bailout provision and send court level right now? Why are we relieve the company and its law firm it to the President. doing that? None of us can feel good from their mistakes. Millions of dollars Support the Sessions amendment and about that. None of us can say it is the in branded drug profits are at stake for send a loud signal to the American right thing to do. Why would we tol- a single company who will face generic public, who are watching what we do, erate it? competition much earlier than if a pat- that laws matter and that this kind of It is this lack of confidence in Amer- ent extension would have been filed on business has no place in Congress. ica; it is about a lack of confidence in time. Mr. LEAHY. Mr. President, this is an us. When people know and find out Let me read from the Wall Street amendment that can derail and even what has happened here, they are going Journal Editorial page today: kill this bill—a bill that would other- to ask the question. The powerful and As blunders go, this was big. The loss of wise help our recovering economy, un- the wealthy advantage themselves at patent rights means that generic versions of leash innovation and create the jobs

VerDate Mar 15 2010 01:50 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.041 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5421 that are so desperately needed. I have cluded the Great Compromise. Ideolog- with both the Republican and Demo- worked for years against Patent Office ical purity does not lead to legislative cratic leaders over there. There is no fee diversion, but oppose this amend- enactments. This House compromise reason to believe their position will ment at this time. Its formulation was can make a difference and make real change, but we insist on ideological pu- rejected by the House of Representa- progress against fee diversion. It is rities—including something I would tives, and there is no reason to believe something we can support and there like. The amendment would take years that the House’s position will change. are many, many companies and organi- of effort, destroy the job prospects rep- Instead, for ideological purity, this zations that do support this final work- resented by this bill. While I oppose the amendment can sink years of effort out in order to get the bill enacted fee diversion, I also oppose this amend- and destroy the job prospects rep- without further delay, as do I. ment. resented by this bill. So while I oppose The America Invents Act, as passed Does this bill have every single thing fee diversion, I also oppose the Coburn by the House, creates a new Patent and in it I want? No. We could write 100 amendment. Trademark Fee Reserve Fund (the ‘‘Re- patent reform legislations in this body I kept my commitment to Senator serve Fund’’) into which all fees col- where each one of us has every single COBURN and included his preferred lan- lected by the USPTO in excess of the thing we want, and we would have 100 guage in the managers’ amendment amount appropriated in a fiscal year different bills. We only have one. It which the Senate considered last are to be deposited. Fees in the Reserve does not have all the things I like, but March. The difference between then Fund may only be used for the oper- that is part of getting legislation and now is that the Republican leader- ations of the Patent and Trademark passed. ship of the House of Representatives Office. Through the creation of the Re- I did keep my commitment to Sen- rejected Senator COBURN’s formulation. serve Fund, as well as the commitment ator COBURN. I kept his language in the They preserved the principle against by House appropriators, H.R. 1249 managers’ amendment, and I caught a fee diversion but changed the language. makes important improvements in en- lot for doing that—I am a member of The language in the bill is that which suring that user fees collected for serv- the Appropriations Committee—but I the House devised and a bipartisan ma- ices are used by the Patent and Trade- kept it in there. The difference between jority voted to include. It was worked mark Office for those services. then and now is that the Republican out by the House Republican leadership Voting for the Coburn amendment is leadership of the House of Representa- to satisfy House rules. The provision a vote to kill this bill. It could kill the tives rejected Senator COBURN’s formu- bill over a formality—the difference be- Senator COBURN had drafted and offers lation. They preserved the principle again with his amendment today ap- tween a revolving fund and a reserve against fee diversion but changed the parently violates House Rule 21, which fund. It would require the House to re- language. In doing that, however, it is prohibits converting discretionary consider the whole bill again. They not a total rejection. They actually spent days and weeks working out spending into mandatory spending. So tried to work out a compromise. The their compromise in good faith. And it instead of a revolving fund, the House language of the bill, which the House was worked out by the House Repub- established a reserve fund. That was devised—a bipartisan majority voted to lican leadership. There is no reason to the compromise that the Republican include—was worked out by the House think they will reconsider and allow House leadership devised between Republican leadership to satisfy the the original Coburn language to violate Chairmen SMITH, ROGERS and RYAN. House rules. their rules and avoid oversight. They Yesterday I inserted in the RECORD the The provision that Senator COBURN have already rejected that language, June letter for Congressmen ROGERS has drafted and offers, again, with his the very language proposed by the and RYAN to Chairman SMITH of the amendment today apparently violates Coburn amendment. House Judiciary Committee. Today I House rule 21 which prohibits con- We should not kill this bill over this verting discretionary spending into ask consent to insert into the RECORD amendment. We should reject the the commitment letter from Chairman mandatory spending. amendment and pass the bill. The time What the House did—and actually ac- ROGERS to Speaker BOEHNER. to put aside individual preferences and The America Invents Act, as passed complished what both Senator COBURN ideological purity is upon us and we and I and others want—instead of a re- by the House, continues to make im- need to legislate. That is what the portant improvements to ensure that volving fund was to establish the re- American people elected us to do and serve fund. That was the compromise fees collected by the U.S. Patent and expect us to do. The time to enact this Trademark Office (USPTO) are used for that the Republican House leadership bill is now. Vote no on the Coburn devised between Chairman SMITH, Patent and Trademark Office activi- amendment. Chairman ROGERS, and Chairman ties. That office is entirely fee-funded I have listened to the Senator from RYAN. and does not rely on taxpayer dollars. Oklahoma, and no matter what we say Yesterday, I inserted into the RECORD It has been and continues to be subject about it, his is an amendment that can the June letter from Congressmen ROG- to annual appropriations bills. That al- derail and even kill this bill. He ex- ERS and RYAN to Chairman SMITH to lows Congress greater opportunity for presses concern as to why the bill oversight. the House Judiciary Committee. should be sought because somebody ob- I ask unanimous consent to have The legislation that passed the Sen- jects to the bill. I sometimes ask my- ate in March would have taken the printed in the RECORD the commitment self that question. Of course, the dis- letter from Chairman ROGERS to Patent and Trademark Office out of tinguished Senator from Oklahoma has the appropriations process, by setting Speaker BOEHNER. objected to many items going forward There being no objection, the mate- up a revolving fund that would have al- on his own behalf, but this is an rial was ordered to be printed in the lowed the office to set fees and collect amendment that could derail or even RECORD, as follows: and spend money without appropria- kill the bill. This is a bill that would COMMITTEE ON APPROPRIATIONS, tions legislation and congressional otherwise help our recovering economy oversight. Instead of a revolving fund, Washington, DC, June 22, 2011. to unleash innovation, create the jobs Hon. JOHN BOEHNER, the House formulation against fee di- so desperately needed. Speaker of the House, House of Representatives, version establishes a separate account I probably worked longer in this body Washington, DC. for the funds and directs that they be than anybody against Patent Office fee Hon. ERIC CANTOR, used for U.S. Patent and Trademark diversion. As the Senator from Okla- Majority Leader, House of Representatives, Office. The House Appropriations homa knows, I put a provision in the Washington, DC. Chairman has committed to abide by managers’ package to allow the fees to DEAR SPEAKER BOEHNER AND LEADER CAN- that legal framework. go to the Patent Office. Now it is a TOR: I write regarding provisions in H.R. The House forged a compromise. De- 1249, The America Invents Act, affecting lobby to keep that in in the other body. funding of the Patent Trademark Office spite what some around here think, Its formulation was rejected by the (PTO). Following constructive discussions that is the essence of the legislative House of Representatives. with Chairman Smith of the Judiciary Com- process. The Founders knew that when There is no reason to believe the mittee, this legislation now includes lan- they wrote the Constitution and in- House position will change. I checked guage that will preserve Congress’ ‘‘power of

VerDate Mar 15 2010 01:50 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.022 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5422 CONGRESSIONAL RECORD — SENATE September 8, 2011 the purse,’’ under Article I, Section 9, Clause rects that account be used only by the ent system. It will make the Patent and 7 of the Constitution. The language ensures: U.S. Patent and Trademark Office. The Trademark Office more accessible and useful the PTO budget remains part of the annual House Appropriations chairman is com- to all inventors, large and small. In addition, appropriations process; all PTO collected mitted to abide by that legal frame- the provisions of H.R. 1249 on Patent and fees will be available only for PTO services Trademark Office funding will ensure that and activities in support of the fee paying work. The Speaker is committed to the user fees paid to the USPTO will be community; and finally, this important that. The House forged a compromise. available to the Office for processing patent agency will continue to be subject to over- That is the essence of the legislative applications and other important functions sight and accountability by the Congress on process. of the Office. an annual basis. The Founders knew when they wrote H.R. 1249 and S. 23 are the products of To assure that all fees collected for PTO the Constitution to include the Great many years of skillful and difficult legisla- remain available for PTO services, H.R. 1249 Compromise. Ideological purity does tive work in both the House and the Senate. H.R. 1249 represents a thoughtful and bal- provides that if the actual fees collected by not lead to legislative enactments. Ide- the PTO exceed its appropriation for that fis- anced compromise that is endorsed by vir- cal year, the amount would continue to be ological purity does not lead to legisla- tually all stakeholders. We urge the Senate reserved only for use by the PTO and will be tive enactments. to adopt H.R. 1249 as acted upon by the held in a ‘‘Patent Trademark Fee Reserve The House compromise can make a House and pass it without amendment as Fund’’. difference. It made real progress soon as possible. At the same time, consistent with the lan- against fee diversion, which is some- Sincerely, guage included in H.R. 1249, the Committee thing we can support. There are many ROBERT W. HOLLEYMAN, on Appropriations will also carry language companies and organizations that do President and CEO. that will ensure that all fees collected by support this in order to get the bill en- SBE COUNCIL, PTO in excess of its annual appropriated 1 level will be available until expended only to acted without delay. After 6 ⁄2 years, Oakton, VA, June 29, 2011. PTO for support services and activities in let’s not delay any more. DEAR CHAIRMAN LEAHY AND RANKING MEM- support of the fee paying community, sub- This is going to create jobs. We have BER GRASSLEY: The Small Business & Entre- ject to normal Appropriations Committee 600,000 to 700,000 patents sitting there preneurship Council (SBE Council) has been oversight and review. waiting to be processed. Let’s get on a leading advocate for patent reform within I look forward to working with the rel- with it. For all of these fees and the re- the small business community, and we urge evant stakeholders in efficiently imple- you to work with the leadership of the Sen- serve fund can only be used for the op- ate to bring the America Invents Act (H.R. menting this new process. erations of the Patent and Trademark I believe this approach will help U.S. 1249) to the Senate floor for approval. innovators remain competitive in today’s Office. I don’t know what more we can H.R. 1249 would improve the patent system global economy and this in turn will con- do. But I would say I am perfectly will- in key ways. For example, the U.S. patent tribute to significant job creation here in the ing to accept what the House did be- system would be brought in step with the United States, while holding firm to the cause it assures that the fees go to the rest of the world. The U.S. grants patents on funding principles outlined in the Constitu- Patent Office. a first-to-invent basis, rather than the first- tion. I am also well aware that voting for inventor-to-file system that the rest of the Sincerely, world follows. First-to-invent is inherently this amendment kills the bill. It could ambiguous and costly, and that’s bad news HAROLD ROGERS, kill the bill over a formality—the dif- Chairman, House Committee on for small businesses and individual inven- Appropriations. ference between a reserve fund and a tors. revolving fund. A shift to a ‘‘first-inventor-to-file’’ system Mr. LEAHY. I would note that it has I think the House Republican leader- creates greater certainty for patents, and been suggested somehow the Appro- ship worked out their compromise in amounts to a far simpler and more trans- priations chairman is not going to keep good conscience, and I agree with it. parent system that would reduce costs in the rare cases when conflict exists over who has his word. Well, Chairman ROGERS is a The U.S. Patent and Trademark Of- Republican. I have worked with him a the right to a patent. By moving to a first- fice is funded entirely by user fees, and inventor-to-file system, small firms will in lot. He has always kept his word to me, the Leahy-Smith America Invents Act just as we have the most decorated vet- no way be disadvantaged, as some claim, will ensure the PTO has access to the while opportunities in international markets eran of our military serving in either fees it collects. We have heard from a will expand. body as chairman of the Senate Appro- number of organizations which agree In addition, an Associated Press report, for priations Committee, the only Medal of with that, and I ask unanimous con- example, noted ‘‘that it takes an average of Honor recipient now serving, Senator sent that a sample of these letters from three years to get a patent approved and INOUYE. Both he and the ranking Re- that the agency has a backlog of 1.2 million the Business Software Alliance, the pending patents, including more than 700,000 publican, Senator COCHRAN, have al- Small Business and Entrepreneurship ways kept their word to me certainly that haven’t reached an examiner’s desk.’’ Council, DuPont, and other financial Part of the problem here is that revenues in more than the third of a century I organizations be printed in the from patent fees can be drained off by Con- have served on that committee. RECORD. gress to be spent elsewhere. The America Invents Act, as passed There being no objection, the mate- The agreement reached in the House on by the House, continues to make im- rial was ordered to be printed in the USPTO funding will assure that the fees paid to the USPTO by inventors will not be di- portant improvements. It ensures the RECORD, as follows: fees collected by the U.S. Patent and verted elsewhere, but instead be made avail- BUSINESS SOFTWARE ALLIANCE, able for processing patent applications. Trademark Office are used for Patent June 29, 2011. and Trademark Office activities. The While the Senate’s approach in S. 23 to pre- Hon. HARRY REID, vent diversion of USPTO funds would have one thing in there is that we in the Majority Leader, been a better choice, the House bill still pro- Congress at least have a chance to Washington, DC. vides an effective option. make sure they are using it the way Hon. MITCH MCCONNELL, Patent reform is needed to clarify and sim- they are supposed to. Minority Leader, plify the system; to properly protect legiti- The office is entirely fee funded. It Washington, DC. mate patents; and to reduce costs in the sys- does not rely on taxpayer dollars. It DEAR SENATOR REID AND SENATOR MCCON- tem, including when it comes to litigation NELL: We urge you to bring H.R. 1249 to the has been and continues to be subject to and the international marketplace. All of Senate floor as soon as the Senate’s schedule this, of course, would aid small businesses the annual appropriations bill which permits. and the overall economy. allows the oversight that we are elect- The Business Software Alliance (BSA) H.R. 1249, like S. 23, is a solid bill, and the ed and paid for by the American people strongly supports modernizing our patent opportunity for long overdue and much-need- to do. system. An efficient and well-operating pat- ed patent reform should not be lost. The legislation we passed in March ent system is necessary to promote healthy Thank you for considering the views of the would have taken the Patent Trade- and dynamic innovation. Innovation is criti- small business community. Please feel free mark Office out of the appropriations cally important to software and computer to contact SBE Council with questions or if companies’ ability to provide new and better we can be of assistance on this important process by setting up a revolving fund. tools and technologies to consumers and cus- issue for small businesses. Instead of a revolving fund, the House tomers. Sincerely, formulation against fee diversion es- BSA member companies believe H.R. 1249 KAREN KERRIGAN. tablished a separate account and di- establishes a transparent and efficient pat- President & CEO.

VerDate Mar 15 2010 01:50 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.023 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5423 DUPONT, and ensure that the Patent and Trademark this bill through, and I understand that Wilmington, DE, July 6, 2011. Office (PTO) has the tools necessary to main- he sees this as a compromise. I don’t. I Hon. PATRICK J. LEAHY, tain our patent system as the best in the understand we are going to differ on world. We strongly support the improved re- Chairman, Committee on the Judiciary, Wash- that and agree to disagree. ington, DC. examination procedures in H.R. 1249, which With that, I yield the floor to allow Hon. CHARLES E. GRASSLEY, will allow the experts at PTO to review low- Ranking Member, Committee on the Judiciary, quality business-method patents against the the chairman to speak, and I reserve Washington, DC. best prior art. Equally important, the bill the remainder of my time. DEAR CHAIRMAN LEAHY AND RANKING MEM- provides the PTO with increased and predict- Mr. LEAHY. I thank the Senator. I BER GRASSLEY: As a world leader in science able funding. This certainty is absolutely reserve the remainder of my time and and innovation, including agriculture and in- critical if the PTO is to properly allocate re- suggest the absence of a quorum. dustrial biotechnology, chemistry, biology, sources and hire and retain the expertise The PRESIDING OFFICER. The materials science and manufacturing, Du- necessary to benefit the entire user-commu- nity. clerk will call the roll. Pont recognizes the nation’s patent system The assistant bill clerk proceeded to is a cornerstone in fostering innovation and This bill has been nearly a decade in the creating jobs. Patents continue to be one of making and is supported by a vast cross-sec- call the roll. the engines for innovation and a process for tion of all types of inventors and businesses. Mr. SANDERS. Mr. President, I ask discovery that leads to rich, new offerings It is time to send patent reform to the Presi- unanimous consent that the order for for our customers and gives our company the dent for signature, and we strongly encour- the quorum call be rescinded. edge to continue transforming markets and age the Senate to take up and pass H.R. 1249 The PRESIDING OFFICER (Mr. without delay. society. Our stake in the patent system is LEAHY). Without objection, it is so or- Sincerely, significant—in 2010, DuPont filed over 2,000 dered. patent applications and was awarded almost American Bankers Association, Amer- FLOODING IN VERMONT 700 U.S. patents. Given the importance of its ican Council of Life Insurers, American patents, DuPont has been a strong supporter Financial Services Association, Amer- Mr. SANDERS. Mr. President, I wish of efforts to implement patent reform legis- ican Insurance Association, The Clear- to pick up on a point the senior Sen- lation that will improve patent quality and ing House Association, Consumer ator from Vermont made earlier today. give the U.S. Patent and Trademark Office Bankers Association, Credit Union Na- Both he and I have had the opportunity the resources it needs to examine and grant tional Association, The Financial Serv- to travel throughout the State of patents in a timely manner. ices Roundtable, The Independent Com- munity Bankers of America, Mortgage Vermont to visit many of our towns We believe that any changes to the patent which have been devastated by one of system need to be made in a way that Bankers Association, National Associa- strengthens patents and supports the impor- tion of Mutual Insurance Companies, the worst natural disasters in our tant goals of fostering innovation and cre- Property Casualty Insurers Association State’s history. ating jobs. In our view, the Leahy-Smith of America, Securities Industry and Fi- We have seen in the southern part of America Invents Act, H.R. 1249, achieves nancial Markets Association. the State—in Wilmington, for exam- these objectives, and we urge you to consider Mr. LEAHY. Mr. President, I ask ple—the entire business district se- adoption of this bill. unanimous consent that I be allowed to verely damaged. I have seen in central The agreement reached in the House on reserve the remainder of my time, and Vermont a mobile home park almost USPTO funding will assure that the fees paid I suggest the absence of a quorum. completely wiped out, with people who to the USPTO by inventors will not be di- The PRESIDING OFFICER. The verted and will be made available to the Of- are in their eighties and are now hav- fice for processing patent applications and clerk will call the roll. ing to look to find new places in which other important functions of the Office. The assistant bill clerk proceeded to to live. I have seen a public housing While we would have preferred the Senate’s call the roll. project for seniors in Brattleboro se- approach in S. 23 to prevent diversion of Mr. COBURN. Mr. President, I ask verely damaged. A lot of seniors there USPTO funds, we believe that acceptance of unanimous consent that the order for are now having to find new places to the House bill provides an effective and the the quorum call be rescinded. live. We have seen the State office most immediate path forward to address The PRESIDING OFFICER. Without complex in Waterbury—the largest problems of the patent office. H.R. 1249, like objection, it is so ordered. State office building in the State, S. 23, is an excellent bill. These bills are the Mr. COBURN. Mr. President, I wish housing 1,700 Vermont workers, the product of many years of skillful and dif- to respond to my chairman’s com- nerve center of the State—devastated. ficult legislative work in both the House and ments. First of all, what we have pro- the Senate. We believe the time has now Nobody is at work there today. posed came out of the Judiciary Com- come for the Senate to take the final legisla- We have seen hundreds of bridges and mittee in the House 32 to 3. In other tive act required for enactment of these his- roads destroyed, and right now, as we words, only three people on the Judici- toric reforms. speak, there are rains coming in the We look forward to patent reform becom- ary Committee in the House objected southern part of the State, causing ing a reality in the 112th Congress, due in to this. significant measure to your leadership, and The other point I wish to make is the more flooding, more damage. We have we thank you for your efforts in this critical letter from Chairman ROGERS does not seen a wonderful gentleman from Rut- policy area. bind the next Appropriations Com- land lose his life because he was doing Very truly yours, mittee chairman. I think everybody his job to make sure the people of that P. MICHAEL WALKER, would agree with that. It only binds area were protected. So we have seen Vice President, Assist- damage the likes of which we have ant General Counsel him and it only binds him as long as he honors his commitment. I have no never seen in our lifetime. and Chief Intellec- What I would say—and I know I tual Property Coun- doubt he will honor his commitment as sel. long as he is chairman. speak for the senior Senator from The third point I wish to make is Vermont as well—is that our country is JUNE 29, 2011. what the House has set up doesn’t the United States of America—the Hon. HARRY REID, make sure the funds go to the PTO, it United States of America. What that Majority Leader, U.S. Senate, just means they can’t go somewhere means is we are a nation such that Washington, DC. else. That is what they have set up. when disaster strikes in Louisiana or Hon. MITCH MCCONNELL, Mississippi in terms of Hurricane Republican Leader, U.S. Senate, They do not have to allow all the funds Washington, DC. collected to go to the PTO. So they can Katrina—I know the Presiding Officer DEAR LEADERS REID AND MCCONNELL: We reserve $200 million or $300 million a remembers the outpouring of support are writing to encourage you to bring H.R. year and put it over there in a reserve from Vermont for the people in that re- 1249, the ‘‘Leahy-Smith America Invents fund and send it to the Treasury which gion. All of our hearts went out to the Act,’’ to the Senate floor at your earliest will cause us to borrow less, but the people in Joplin, MO, when that com- possible convenience and send the bill to the money won’t necessarily go to the munity suffered an incredible tornado President’s desk to be signed into law. H.R. PTO. There is nothing that mandates that took 150 or so lives and devastated 1249 closely mirrors the Senate bill that that city. What America is about and passed earlier this year by an overwhelming the fees collected go to the Patent and 95–5 vote. Trademark Office. what a nation is about is that when Patent reform is essential legislation: en- I understand my chairman. I under- disaster hits one part of the country, actment will spur innovation creating jobs stand his frustration with trying to get we unite as a nation to give support to

VerDate Mar 15 2010 02:44 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.026 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5424 CONGRESSIONAL RECORD — SENATE September 8, 2011 help those communities, those busi- lyst that spurred these inventors to nesses and organizations, large and nesses, those homeowners who have take the risks necessary to bring these small, active in all 50 States. been hurt get back on their feet. ideas to the marketplace. The America Invents Act is the prod- I know the senior Senator from The story of innovation in Vermont uct of more than 6 years of debate and Vermont has made this point many is truly the American story. It has compromise. The stakeholders have times: Right now we are spending bil- been driven by independent inventors crossed the spectrum—from small busi- lions of dollars rebuilding communities and small businesses taking chances on nesses to high-tech companies; finan- in Afghanistan and Iraq. Well, I think new ideas. A strong patent system al- cial institutions to labor organizations; I speak for the vast majority of the lowed these ideas to flourish and life sciences to bar associations. people in this country and in my State brought our country unprecedented More than 180 companies, associa- of Vermont that if we can spend bil- economic growth. These same kinds of tions, and organizations have endorsed lions rebuilding communities in Iraq inventors exist in Vermont today, as the Leahy-Smith America Invents Act. and Afghanistan, we surely can rebuild they do throughout our great country. I ask unanimous consent that a list of communities in Vermont, New Jersey, But these inventors need to be as- these supporters be printed in the North Carolina, and other parts of the sured that the patent system that RECORD. United States of America that have served those who came before them so There being no objection, the mate- been devastated by Hurricane Irene. well can do the same today. The Amer- rial was ordered to be printed in the I think as a body, as a Congress, the ica Invents Act will provide that assur- RECORD, as follows: House and Senate have to work as ex- ance for years to come. LIST OF SUPPORTERS OF THE AMERICA INVENTS peditiously as we can to come up with My distinguished colleague from ACT the funds to help rebuild all of the Vermont and I have both spoken sev- 3M; Abbott Adobe Systems Incorporated; communities that have been so se- eral times on the Senate floor since the Advanced Micro Devices; Air Liquide; Air verely damaged by this terrible flood. I Senate came back in session about the Products; American Bar Association; Amer- look forward to working with my col- devastation in Vermont. I cannot help ican Bankers Association; American Council leagues to make that happen. but think of the devastation that Irene of Life Insurers; American Council on Edu- cation; American Financial Services Asso- With that, I yield the floor and note has caused in so many of our commu- ciation; American Institute of Certified Pub- the absence of a quorum. nities at home. Just as Senator SAND- lic Accountants; American Insurance Asso- The PRESIDING OFFICER. The ERS and Congressman WELCH and Gov- ciation; American Intellectual Property Law clerk will call the roll. ernor Shumlin, I have seen the damage Association; American Trucking Associa- The assistant bill clerk proceeded to and heartbreak firsthand. But I also tion; Apple, Inc.; Applied Materials, Inc.; call the roll. saw the fruits of innovation that will Aruba Networks, Inc.; Assoc. for Competitive Mr. LEAHY. Mr. President, I ask help bring recovery to communities Technology; Assoc. of American Medical Col- unanimous consent that the order for throughout Vermont: the heavy ma- leges. the quorum call be rescinded. Association of American Universities; As- chinery that helped to clear debris and sociation of Public and Land-grant Univer- The PRESIDING OFFICER (Mr. that will build our roads and our sities; Association of University Technology SANDERS). Without objection, it is so bridges and our homes; the helicopters Managers; AstraZeneca; Atheros Commu- ordered. that brought food and water to strand- nications, Inc.; Autodesk, Inc.; Avaya Inc.; Mr. LEAHY. Mr. President, when the ed residents; and the bottles that al- Avid Technology, Inc.; Bank of America; America Invents Act was first consid- lowed safe drinking water to reach Baxter Healthcare Corporation; Beckman ered by the Senate last March, I spoke them. Coulter; Biotechnology Industry Organiza- about the contributions Vermonters The American patent system has tion; Borealis Ventures; Boston Scientific; BP; Bridgestone American Holdings, Inc.; have made to innovation in America helped to develop and refine countless since the founding of our Nation. The Bristol-Meyers Squibb; Business Software technologies that drive our country in Alliance; CA, Inc.; Cadence Design Systems, distinguished Presiding Officer and I times of prosperity but also in times of Inc.; California Healthcare Institute. know about what Vermont has done. I tragedy. It is critical we ensure that Capital One; Cardinal Intellectual Prop- wish to remind everybody that from this system remains the best in the erty; Cargill, Inc.; Caterpillar; Charter Com- the first patent ever issued by our gov- world. munications; CheckFree; Cisco Systems ernment to cutting-edge research and Vermont and the rest of the country Citigroup; The Clearing House Association; inventions produced today Vermonters deserve the world’s best patent system. Coalition for Patent and Trademark Infor- have been at the forefront of innova- The innovators of the past had exactly mation Distribution; Collexis Holdings, Inc.; Computer & Communications Ind. Assoc.; tion since the Nation’s birth. that, but we can ensure that the Computing Technology Industry Associa- Many may think of our Green Moun- innovators who are among us today tion; Consumer Bankers Association; Cor- tain State as being an unlikely hotbed and those who will come in succeeding ning; Council on Government Relations; of innovation, but we have actually generations will have it as well by Courion; Credit Union National Association; over the last few years issued the most passing the America Invents Act. Cummins, Inc.; Dell; The Dow Chemical patents per capita of any State in the I am proud of the inventive contribu- Company. country—actually more patents than a tions that Vermonters have made since DuPont; Eastman Chemical Company; lot of States that are larger than we the founding of this country. I hope to Eastman Kodak; eBay Inc.; Electronics for Imaging; Eli Lilly and Company; EMC Cor- are. It is a small State, to be sure, but honor their legacy. I hope to inspire poration; EnerNOC; ExxonMobil; Facebook; it is one that is bursting with cre- the next generation by securing the Fidelity Investments; Financial Planning ativity. passage of this legislation. Association; FotoTime; General Electric; The rich history of the inventive I have been here for a number of General Mills; Genzyme; GlaxoSmithKline; spirit of Vermont is long and diverse. years, but this is one of those historic Google Inc.; Hampton Roads Technology Vermonters throughout have pursued moments. The patent system is one of Council; Henkel Corporation. innovations from the time of the Indus- the few things enshrined in our Con- Hoffman-LaRoche; HSBC North America; trial Revolution to the computer age. stitution, but it is also something that Huntington National Bank; IAC; IBM; Illi- nois Technology Association; Illinois Tool Vermont inventors discovered new has not been updated for over half a Works; Independent Community Bankers of ways to weigh large objects as well as century. We can do that. We can do America; Independent Inventors; Infineon ways to enjoy the outdoors. They have that today with our vote. We can com- Technologies; Information Technology Coun- perfected new ways to traverse rivers plete this bill. We can send it to the cil; Integrated DNA Technologies; Intel; In- and more environmentally friendly President. The President has assured tellectual Property Owners Association; ways to live in our homes. Over the me he will sign it. We will make Amer- International Trademark Association; Inter- years, as America has grown and pros- ica stronger. We will create jobs. We national Intellectual Property Institute; In- pered, Vermont’s innovative and cre- will have a better system. And it will tuit, Inc.; Iron Mountain; Johnson & John- son; Kalido. ative spirit has made the lives of all not cost American taxpayers anything. Lexmark International, Inc. Logitech, Inc.; Americans better and possibly made That is something we ought to do. Massachusetts Technology Leadership Coun- them more productive. The patent sys- Mr. President, the America Invents cil; Medtronic; Merck & Co, Inc.; Micron tem in this country has been the cata- Act is supported by dozens of busi- Technology, Inc.; Microsoft; Millennium

VerDate Mar 15 2010 03:30 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.045 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5425 Pharmaceuticals; Milliken and Company; The only thing section 37 does—the So my colleagues should not come to Molecular; Monster.com; Motorola; Mort- only thing—is it codifies what a Fed- the floor and take away from entities gage Bankers Association; National Associa- eral district court has already said and that are trying to compete and be in tion of Federal Credit Unions; National Asso- implements what the U.S. Patent and the marketplace over some techni- ciation of Manufacturers; National Assoc. of Trademark Office is already doing. Mutual Insurance Cos.; National Association cality: the suggestion that because of Realtors; National Semiconductor Cor- There is no breaking of new ground something was filed electronically on a poration; National Retail Federation; Na- here. This is codifying a Federal dis- particular given day at 5 o’clock in the tional Treasury Employees Union; Native trict court, codifying what the Patent afternoon when people had gone American IP Enterprise Council; Net Coali- Office has done, and, in fact, codifying home—they weren’t open—that some- tion; Netflix, Inc.; Network Appliance, Inc.; common sense. It is putting into effect how they deem that not to have been Newegg Inc.; News Corporation; Northrop what is the right decision with respect appropriately filed. Grumman; Novartis; Numenta, Inc.; Nvidia to how we treat patents in our country. But rather than accept that common- OpenAir, Inc.; Oracle; Overstock.com; Part- Section 37 is, in fact, a very impor- nership for New York City; Patent Cafe.com, sense interpretation, the Patent and tant clarification of a currently con- Trademark Office told the Medicines Inc.; PepsiCo, Inc.; Pfizer; PhRMA; Procter & fusing deadline for filing patent term Gamble Company; Property Casualty Insur- Company it was late. They just decided extension applications under the ers Association of America; Red Hat. that. They said: You are late, despite Hatch-Waxman Act. Frankly, this is a Reed Elsevier Inc.; RIM; Salesforce.com, the fact that interpretation contra- clarification, I would say to the Sen- Inc.; SanDisk Corporation; San Jose Silicon dicted the same-business-day rule the ator from Alabama, that benefits ev- Valley Chamber of Commerce; SAP America, FDA uses when interpreting the very Inc.; SAS Institute; Seagate Technology, erybody in the country. In fact, this is LLC; Sebit, LLC; Securities Industry & Fi- a clarification which has already been same statute. So as a result, the issue nancial Markets Association; SkillSoft; put into effect for other types of pat- went to court, and guess what. The Small Business and Entrepreneurship Coun- ents that were once upon a time treat- court told the PTO it was wrong. A cil; Software Information and Industry Asso- ed with the same anomaly. They rec- Federal judge found that the Patent ciation; Sun Microsystems, Inc.; Symantec tified that. They haven’t rectified it Office and FDA had been applying in- Corporation; Tax Justice Network USA; consistent interpretations of the exact TECHQuest Pennsylvania; Teradata Corpora- with respect to this particular section of patent law. same statutory language in the Hatch- tion; Texas Instruments; Texas Society of Waxman Act. The FDA uses one inter- CPAs. So all we are doing is conforming to The Financial Services Roundtable; Toy- appropriate law, conforming to the pretation that has the effect of extend- ota Trimble Navigation Limited; The United standards the Patent Office applies, ing its own internal deadlines, but the Inventors Association of America; United and conforming for all companies in PTO insisted on using a different inter- Steelworkers; United Technologies; U.S. the country, for any company that pretation. The result was a ‘‘heads I Chamber of Commerce; USG Corporation; might be affected similarly. If this win, tails you lose.’’ VeriSign Inc.; Verizon; Visa Inc.; Visi-Trak were a bailout for a single firm or a The PRESIDING OFFICER. The Sen- Worldwide, LLC; VMware, Inc.; Vuze, Inc.; ator’s time has expired. Western Digital Technologies, Inc.; pharmaceutical company, as some have Weyerhaeuser; Yahoo! Inc.; Ze-gen; Zimmer; tried to suggest it might be, why in the Mr. KERRY. Madam President, I ask ZSL, Inc. world did a similar provision pre- unanimous consent to speak for 1 addi- Mr. LEAHY. I yield the floor. viously get reported out of the Senate tional minute. I suggest the absence of a quorum. Judiciary Committee by a vote of 14 to The PRESIDING OFFICER. Without The PRESIDING OFFICER (Mrs. 2? How in the world could this provi- objection, it is so ordered. MCCASKILL). The clerk will call the sion have then passed the House of Mr. KERRY. For companies investing roll. Representatives as it did? And why in innovative medicines, the court The assistant bill clerk proceeded to would many House Republicans have found that the PTO failed to provide call the roll. supported it as they did? The answer is any plausible explanation for this in- Mr. KERRY. Madam President, I ask very simple: Because it is the right consistent approach. It further found unanimous consent that the order for thing to do under the law and under that the PTO’s interpretation had the the quorum call be rescinded. the common sense of how we want pat- effect of depriving applicants of a por- The PRESIDING OFFICER. Without ents treated in the filing process. tion of their time for filing an applica- objection, it is so ordered. The law as currently written, frank- tion. Mr. KERRY. Madam President, re- ly, was being wrongly applied by the After considering all the relevant garding the parliamentary situation, Patent and Trademark Office. And you factors, the court adopted the FDA’s how much time remains for Senator don’t have to take my word for that; interpretation. So the court told the that is what a Federal court has said CANTWELL? PTO that they were wrong and it was The PRESIDING OFFICER. Thirteen on more than one occasion. Each time, they, and not the Medicines Company, the court has ruled that it was the Pat- minutes remains. who made a mistake. ent and Trademark Office, not an indi- Mr. KERRY. It is my understanding So this is not an earmark. It isn’t, as vidual firm called WilmerHale or Medi- that Senator CANTWELL wants to pre- Senator SESSIONS contends, a single- cines Company—not those two—that serve a component of that, so I would, company bailout. It is a codification of made a mistake. on behalf of Senator CANTWELL, yield Let me make that very clear so the a court ruling. It is a clarification. It is myself 5 minutes at this time. record is as clear as it can be. The cur- common sense. It puts a sensible court The PRESIDING OFFICER. Without rent law as it is written says that ‘‘to decision into legislative language, and objection, it is so ordered. obtain an extension of the term of a it is legislative language that applies AMENDMENT NO. 600 patent under this section, the owner of to all companies across the country Mr. KERRY. Madam President, I ap- record of the patent or its agent shall equally. It doesn’t single out any par- preciate the comments of our friend submit an application to the Director. ticular company but amends the patent from Alabama, Senator SESSIONS, re- . . . Such an application may be only law for the benefit of all applicants. garding his amendment to strike sec- submitted within the sixty-day period I ask my colleagues to oppose the tion 37 of the patent reform bill, but I beginning on the date the product re- Sessions amendment on the merits. disagree with him on substantive ceived permission’’ under the appro- More importantly, we need to move terms, and I ask our colleagues to look priate provision of law. forward with this important bill on carefully at the substance of this Now, the FDA reasonably interprets which Chairman LEAHY and Senator amendment and the importance of this this language to mean that if some- GRASSLEY have worked so hard. Pass- amendment with respect to precedent thing is received after the close of busi- ing the Sessions amendment would not for one company from Massachu- ness on a given business day, it is stop that. It would require a House- setts or for one entity but for compa- deemed to be received the next busi- Senate conference on the bill, and it nies all over the country and for the ness day. Under this interpretation, would at best seriously delay and at application of patent law as it ought to the filing by the Medicines Company worst make it impossible to exact pat- be applied. was indisputably timely. ent reform during this Congress. So

VerDate Mar 15 2010 03:30 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.030 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5426 CONGRESSIONAL RECORD — SENATE September 8, 2011 this is, on the merits, for all compa- tricity are also down in many areas, tions of matter used in a manufac- nies. This is common sense. This is cur- and the wind has unfortunately swept turing or other commercial process, rent law. This is current practice. So I the fire into other areas and now is that would otherwise infringe a ask my colleagues accordingly to vote only about 30 percent contained. claimed invention if: (1) the person appropriately. I have also talked to some of our commercially used the subject matter Madam President, I ask unanimous other local leaders, our county judges, in the United States, either in connec- consent that at 4 p.m. the Senate pro- such as Grimes County judge Betty tion with an internal commercial use ceed to the votes in relation to the Shiflett, who told me that while they or an actual arm’s length sale or other amendments and passage of H.R. 1249, have no unmet needs right now, they arm’s length commercial transfer of a the America Invents Act, with all are very concerned about the threat to useful end result of such commercial other provisions of the previous order life and property and are working as use; and (2) the commercial use oc- remaining in effect; that the final 10 hard as they can to contain the fires. curred at least one year before the ear- minutes of debate be equally divided I have also talked to our outstanding lier of either the effective filing date of between the chairman and ranking chief of the Texas Department of Emer- the claimed invention or the date on member of the Judiciary Committee or gency Management and the Director of which the claimed invention was dis- their designees, with the chairman con- the Texas Forest Service who tell me closed to the public in a manner that trolling the final 5 minutes; further, that as many as 2,000 Americans from qualified as an exception from prior that there be 4 minutes equally divided places other than Texas have come to art. between proponents and opponents the State to help fight these fires and As the distinguished chairman of the prior to each vote. help protect property and life. Committee on the Judiciary knows, The PRESIDING OFFICER. Is there We have had a good Federal response such prior user rights, if properly craft- objection? to one extent, and that is the U.S. For- ed and understood, can be of great ben- Without objection, it is so ordered. est Service has provided planes, bull- efit to keeping high paying jobs in this Mr. KERRY. Madam President, I re- dozers, and other equipment. Unfortu- country by giving U.S. companies a re- serve the remainder of Senator CANT- nately, we have seen the White House alistic option of keeping internally WELL’s time. so far not extend the disaster declara- used technologies as trade secrets. The PRESIDING OFFICER. The Sen- tion beyond the original 52 counties ap- Mr. LEAHY. Madam President, my ator from Texas. proved for FEMA assistance on May 3. colleague and friend from Missouri is Mr. CORNYN. May I inquire of the I should say that assistance ran out on correct Prior user rights, if properly Chair how much time remains for me May 3, more than 4 months ago. Suffice crafted and asserted, can be of great to speak before getting to the last it to say, the disaster declaration benefit to keeping high-paying jobs order? should be extended to cover the rest of here at home. The PRESIDING OFFICER. There is the State, at least 200 more Texas Mr. BLUNT. I thank my good friend. 41⁄2 minutes remaining. counties that need Federal assistance. A robust prior user right is not needed TEXAS WILDFIRES I am informed from reading the news- in today’s first-to-invent regime. This Mr. CORNYN. Madam President, I paper that President Obama reached is because, if a prior-user was sued for wish to speak for about 41⁄2 minutes on out to Governor Perry yesterday to ex- infringement, the patent could be in- the natural disasters that have been tend his condolences. But, frankly, validated under section 102(g)(2) be- confronting our Nation and in par- more than condolences, what we need cause the prior-user was the first-to-in- ticular Texas, where the State has had are the resources to help fight these vent. However, should H.R. 1249’s first- about 31⁄2 million acres of land burned, fires to deal with the disaster and to to-file system become law, the prior in- with many people now finding them- help get people back into their homes vention bar to patentability under sec- selves literally homeless as a result of as soon as possible. tion 102(g)(2) will be eliminated. This fires that many of my colleagues have I would just say in conclusion, switch to first-to-file then presents the seen on TV or watched on the Internet Madam President, that the majority question of whether a non-patent-filing but which, frankly, do not capture the leader has raised the question of manufacturer should be given some scale of the devastation. whether disaster relief should be paid prior user rights that would continue Just to give you an idea of the scope for or whether it should be borrowed to allow these non-patented internal of this natural disaster, so far, in 2011, money. I come down on the side of be- uses. Section 5 of H.R. 1249 attempts to more than 18,000 wildfires have been re- lieving that we can’t keep borrowing settle the question by granting prior ported in the State. As I mentioned, it money we don’t have. That is what the user rights but only when the prior use has burned an area roughly the size of American people keep telling us. That is for certain ‘‘commercial’’ uses. Connecticut. Nearly 2,900 structures is what the last election was all about. The prior user rights provided under have been lost and, unfortunately, That is what the financial markets are section 5 of H.R. 1249 will allow devel- there has also been a loss of life in telling us, and I believe the American opers of innovative technologies to these fires, as well as 5,000 Texans have people believe we have plenty of money keep internally used technologies in- now been evacuated from their homes. in the Federal Government for Con- house without publication in a patent. Unfortunately, these fires have been a gress to do its job by setting priorities This will help U.S. industry to keep feature of life in parts of Texas for and funding those priorities. jobs at home and provide a basis for re- most of the year because we are in the I believe emergency assistance to the storing and maintaining a technology middle of a historic drought where, be- people who have been hit hardest by competitive edge for the U.S. economy. cause of La Nina, the weather pattern, these natural disasters is one of those For these reasons, I believe the Senate we have had an abnormally dry year, priorities. We should fund it instead of should support this valuable addition and, indeed, it has caused more than $5 funding wasteful spending and duplica- to the America Invents Act and I ap- billion of agricultural losses alone as a tive programs and engaging in failed plaud the leadership of my friend from result of that drought. Keynesian stimulus schemes. Vermont. I have not only seen some of the dev- I yield the floor. Mr. LEAHY. I thank the Senator. astation myself before I left Austin, SECTION 5 Mr. BLUNT. However, as noted a mo- but I have also talked to a number of Mr. BLUNT. Madam President, a sig- ment ago, the utility of the prior user people on the ground who are well in- nificant change contained in H.R. 1249 defense is linked to its clarity sur- formed. from S. 23, the version of the bill de- rounding its scope and its limitations. Representative Tim Kleinschmidt, bated and overwhelmingly passed by Many innovative companies may be who represents the Texas district east the Senate earlier this year, is the in- reticent to opt for the protection of of Austin in sort of the Bastrop area, clusion of the defense of prior commer- prior user rights for fear that the de- told me that as many as 1,000 people cial use against infringement of a later fense may not stand against a charge have been evacuated from their homes granted patent. Specifically, section 5 of infringement by a later patent in that area and have been living in of H.R. 1249 creates a prior user right owner who sues for infringement. Many shelters since Sunday. Water and elec- for processes, or machines, or composi- innovators may feel the need to rush to

VerDate Mar 15 2010 02:44 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.050 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5427 the patent office in order to assure correct. So long as the prior use begins agree that internally used methods and their long term freedom to operate. I more than 1 year prior to the effective materials do qualify for the defense of do not need to belabor my colleagues filing date of a subsequent patent or prior user rights when there is evidence with the attendant benefit the publica- publication by a later inventor, the ini- of a commitment to put the innovation tion of patents provides to global com- tiation of continuous internal use in into use followed by a series of diligent petitors who are not respectful of intel- the manufacture of products should events demonstrating that the innova- lectual property rights. guarantee the defense of prior use. tion has been put into continuous— The reason for this detrimental reli- Mr. BLUNT. I thank my colleague. into a business activity with a purpose ance on patents for internal technology Let me illustrate by showing the im- of developing new products for the ben- is that the utility and reliability of pact of the ambivalence of the statu- efit of mankind. section 5 is dependent on the prior use tory language on agricultural research Mr. BLUNT. I thank my colleague. being an ‘‘internal commercial use’’—a which is a major industry not only in SECTION 5 term for which there is no readily Midwestern States like Missouri, Iowa, Mr. KOHL. Madam President, I have available judicial precedent. Should Kansas, Nebraska, Illinois, but in long supported reforming our patent section 5 of H.R. 1249 become law, an States ranging from California to Con- system and was pleased with the bill innovator and his legal counsel need necticut from Texas to Minnesota from the Senate passed in March. It was not some reasonable assurance that an in- North Carolina to Idaho. Virtually what everyone wanted, but it was an ternal use will, in fact, be deemed to be every State in this Union has an in- effective compromise that would spur a commercial use protectable under vestment in agricultural research. The innovation and economic growth. I am the law. These assurances are all the productivity of U.S. farmers provides a disappointed with changes the House more important for U.S. companies in significant positive input to the U.S. made to the bill, specifically the ex- the biotechnology field with extraor- balance of trade due in large part to pansion of the ‘‘prior user rights’’ de- dinarily long lead times for commer- the high technology adopted by U.S. fense a provision which raises serious cialization of its products. Does my farmers. That high technology is pro- concerns for the University of Wiscon- colleague from Vermont understand vided from multiple sources ranging sin’s patent licensing organization which fosters innovative discoveries, the concern I am raising? from research at land grant univer- Mr. LEAHY. Madam President, I will spawning dozens of small businesses sities, the USDA and private for-profit say to my good friend that he is not and spurring economic growth in Wis- companies all of whom have internal the first to raise this issue with me and consin. technology that provides a competitive the other Members of the House and Let me explain why. A patent grants edge for maintaining agricultural com- Senate Judiciary Committees who have an innovator the right to exclude oth- petitive advantage for the U.S. econ- worked on this bill. I have discussed ers from using an invention in ex- omy. section 5 at length with the distin- change for making that invention pub- To specifically illustrate let us con- guished House Judiciary Committee lic. The publication of patents and the sider that U.S. researchers are leading Chairman LAMAR SMITH. Perhaps I can research behind them advance further the world in discovering genetic mark- help provide some of the needed clarity innovation and discovery. Anyone who ers that are associated with important for my colleague concerning what we uses the invention without permission agronomic traits which serves as breed- intend to be within the confines of the is liable for infringement, and someone ing production tools. Instead of teach- definition of ‘‘internal commercial who was using the invention prior to ing foreign competitors these produc- use’’ as it is used in section 5 of the the patent has only a limited defense tion tools, a preferred alternative may bill. for infringement. The purpose of lim- Mr. BLUNT. I thank my colleague for be to rely on prior user rights for such iting this defense to infringement is to his willingness to discuss this matter innovative crop breeding technology encourage publication and disclosure of here on the floor of the Senate. It is which is used in the manufacture of inventions to foster innovation. So by my reading of the bill’s language under new plant varieties although the use expanding the prior user defense we section 5 that prior use rights shall may only occur once a year after each run the real risk of discouraging disclo- vest when innovative technology is growing season and for many years to sure through the patent system. This is first put into continuous internal use selectively manufacture a perfected concerning to the University of Wis- in the business of the enterprise with crop product that is sold. consin because they depend on publica- the objective of developing As another example let us consider tion and disclosure to further research commercializable products. Does the an innovation in making potential new and innovation. chairman of the Judiciary Committee genetically modified products all of I appreciate the inclusion of a carve- share this understanding? which need years of testing to verify out to the prior user rights defense pro- Mr. LEAHY. Yes. My colleague and I their viability, repeatabilty and com- vision so that it does not apply to pat- are in agreement that it is our inten- mercial value. Of the thousands of new ents owned by a university ‘‘or a tech- tion, as the sponsors of this com- potential prototype products made, nology transfer organization whose pri- prehensive measure, that the prior use only a few may survive initial screen- mary purpose is to facilitate the com- right set forth in section 5 of H.R. 1249 ing to begin years of field trials. We mercialization of technologies devel- shall vest when innovative technology should agree that a continuously used oped by one or more such institutions is first put into continuous internal process qualifies as internal commer- of higher education.’’ However, I have use in the business of an innovator’s cial use despite the fact that many pro- some concerns about how the carve out enterprise with the objective of mak- totypes will fail to have commercial will work in practice and I would like ing a commercializable product. merit. to clarify its application. Mr. BLUNT. I thank my colleague As my examples illustrate, for sec- It is my understanding that the term from Vermont. If he would permit me tion 5 to have its intended benefit, in- ‘‘primary purpose’’ in this exception is to clarify this matter further. Am I ternal commercial use must vest when intended to be consistent with and correct in understanding that, so long an innovator reduces technology to have a similar scope as the ‘‘primary as that use begins more than 1 year practice and takes diligent steps to functions’’ language in the Bayh-Dole prior to the effective filing date of a maintain continuous, regular commer- Act. In particular, if a nonprofit entity subsequent patent or publication by a cial use of the technology in manufac- is entitled to receive assignment of in- later inventor, the initiation of contin- turing operations of the enterprise. ventions pursuant to section 207(c)(7) of uous internal use by an original inno- Mr. LEAHY. My colleague is correct title 35 because one of its primary func- vator in a manufacturing of a product in his reasoning and his understanding tions is the management of inventions, should guarantee the defense of prior of what is intended by section 5. The presumably it falls under the primary use regardless of whether the product methods used by Edison in producing purpose prong of the prior user rights is a prototype with a need for quality multiple failures for electric light exception. Is that the Senator’s under- improvements? bulbs were no less commercial uses be- standing of the provision? Mr. LEAHY. I thank my colleague fore the ultimate production of a com- Mr LEAHY. The senior Senator from for the question. His understanding is mercially successful light bulb. Let us Wisconsin is correct. That is also my

VerDate Mar 15 2010 02:44 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.031 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5428 CONGRESSIONAL RECORD — SENATE September 8, 2011 view of the exception. I understand the ability but must establish that ‘‘it is tronic trading industry to implement Senator has consistently opposed the more likely than not that at least 1 of trading and asset allocation strategies. expansion of prior user rights, but I the claims challenged in the petition is Additionally, there are companies that agree with his analysis of the scope of unpatentable.’’ The heightened require- possess class 705 patents which have the exception in section 5 of H.R. 1249. ment established by this bill means used the patents to manufacture and SECTION 18 that these proceedings are even better commercialize novel machinery to Mr. PRYOR. I would like to ask my shielded from abuse than the reexam- count, sort, and authenticate currency colleague from Vermont, the Chairman ination proceedings have been. In fact, and paper instruments. Are these the of the Judiciary Committee and lead the new higher standard for post types of patents that are the target of sponsor of the America Invents Act be- issuance review was created to make it Section 18? fore us today, to further clarify an even more difficult for these proce- Mr. SCHUMER. No. Patent holders issue relating to Section 18 of that leg- dures to be used as tools for harass- who have generated productive inven- islation. Ideally, I would have liked to ment. Therefore, the rule that bars the tions and have provided large numbers modify the Section 18 process in ac- PTO from reconsidering issues pre- of American workers with good jobs cordance with the Cantwell amend- viously considered during examination through the development and commer- ment. It is of crucial importance to me or in an earlier reexamination still ap- cialization of those patents are not the that we clarify the intent of the proc- plies. While a prior district court deci- ones that have created the business ess and implement it as narrowly as sion upholding the validity of a patent method patent problem. While merely possible. may not preclude the PTO from consid- having employees and conducting busi- As I understand it, Section 18 is in- ering the same issues resolved in that ness would not disqualify a patent- tended to enable the PTO to weed out proceeding, PTO officials must still holder from Section 18 review, gen- improperly issued patents for abstract consider the court’s decision and devi- erally speaking, it is not the under- methods of doing business. Conversely, ate from its findings only to the extent standing of Congress that such patents I understand that Section 18 is not in- reasonable. As a result, I expect the would be reviewed and invalidated tended to allow owners of valid patents USPTO would not initiate proceedings under Section 18. to be harassed or subjected to the sub- where the petition does not raise a sub- Mr. COBURN. Madam President, stantial cost and uncertainty of the stantial new question of patentability today, I rise to discuss section 18 of untested review process established than those that had already been con- H.R. 1249, the Leahy-Smith America therein. Yet I have heard concerns that sidered by the USPTO in earlier pro- Invents Act. Consistent with the state- Section 18 would allow just such har- ceedings. Does that answer my col- ment in the RECORD by Chairman assment because it enables review of league’s question?’’ LAMAR SMITH on June 23, 2011, I under- patents whose claims have been found Mr. PRYOR. I thank my colleague stand that section 18 will not make all valid both through previous reexamina- for that explanation. business method patents subject to re- tions by the PTO and jury trials. In my SECTION 18 view by the U.S. Patent and Trade- mind, patent claims that have with- Mr. DURBIN. I would like to clarify mark Office. Rather, section 18 is de- stood multiple administrative and judi- an issue with my colleague from New signed to address the problem of low- ciary reviews should be considered pre- York, who is the author of Section 18. quality business method patents that sumptively valid. It would not only be Legislative history created during ear- are commonly associated with the Fed- unfair to the patent holder but would lier consideration of this legislation eral circuit’s 1998 State Street deci- be a waste of both PTO’s time and re- makes clear that the business method sion. I further understand that section sources to subject such presumptively patent problem that Section 18 is in- 18 of the bill specifically exempts ‘‘pat- valid patent claims to yet another ad- tended to address is fundamentally an ents for technological inventions’’ from ministrative review. It would be par- issue of patent quality. Does the Sen- this new review at USPTO. ticularly wasteful and injurious to le- ator agree that poor quality business Patents for technological inventions gitimate patent holders if the ‘‘transi- method patents generally do not arise are those patents whose novelty turns tional review’’ only considered prior from the operation of American compa- on a technological innovation over the art that was already considered in the nies who use business method patents prior art and are concerned with a previous administrative or judicial pro- to develop and sell products and em- technical problem which is solved with ceedings. Can the Chairman enlighten ploy American workers in doing so? a technical solution. The technological me as to how the PTO will ensure that Mr. SCHUMER. My friend from Illi- innovation exception does not exclude the ‘‘transitional process’’ does not be- nois is correct. I have previously in- a patent from section 18 simply be- come a tool to harass owners of valid serted into the RECORD a March 3 letter cause it recites technology. Inventions patents that have survived multiple ad- from the Independent Community related to manufacturing and machines ministrative and judicial reviews’’? Bankers of America which stated that that do not simply use known tech- Mr. LEAHY. The proceeding created ‘‘Under the current system, business nology to accomplish a novel business by Section 18 is modeled on the pro- method patents of questionable quality process would be excluded from review posed post-grant review proceeding are used to force community banks to under section 18. under Section 6 of the Act. As in other pay meritless settlements to entities For example, section 18 would not post-grant proceedings, the claims that may have patents assigned to cover patents related to the manufac- should typically be evaluated to deter- them, but who have invented nothing, ture and distribution of machinery to mine whether they, among other offer no product or service and employ count, sort, and authenticate currency. things, meet the enablement and writ- no one. . . . The Schumer-Kyl amend- It is the intention of section 18 to not ten description requirements of the ment is critical to stopping this eco- review mechanical inventions related act, and contain patentable subject nomic harm.’’ to the manufacture and distribution of matter under the standards defined in Mr. DURBIN. I thank the Senator. I machinery to count, sort, and authen- the statutes, case law, and as explained want to point out that there are a ticate currency like change sorters and in relevant USPTO guidance. While the number of examples of companies that machines that scan paper instruments, program will generally otherwise func- employ hundreds or thousands of including currency, whose novelty tion on the same terms as other post- American workers in developing and turns on a technological innovation grant proceedings, the USPTO should commercializing financial sector prod- over the prior art. These types of pat- implement Section 18 in a manner that ucts that are based on business method ents would not be eligible for review avoids attempts to use the transitional patents. For example, some companies under this program. program against patent owners in a that possess patents categorized by the American innovation is an important harassing way. Specifically, to initiate PTO as class 705 business method pat- engine for job growth and our economic a post issuance review under the new ents have used the patents to develop revitalization. To this end, the timely post grant or transitional proceedings, novel software tools and graphical user consideration of patent applications it is not enough that the request show interfaces that have been widely com- and the issuance of quality patents are a substantial new question of patent- mercialized and used within the elec- critical components and should remain

VerDate Mar 15 2010 03:30 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.040 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5429 the primary goal of the U.S. Patent court subsequently found, however, partes reexamination. And in light of and Trademark Office. that a common question existed and the present bill’s enhanced estoppels, it Mr. KYL. Madam President, I rise ordered the defendants’ cases consoli- is important that the section 315(b) today to say a few words about aspects dated for trial. deadline afford defendants a reasonable of the present bill that differ from the That these cases are not just outliers opportunity to identify and understand bill that passed the Senate in March. I is confirmed by Federal Practice and the patent claims that are relevant to commented at length on the Senate Procedure, which comments as follows the litigation. It is thus appropriate to bill when that bill was before this at § 2382: extend the section 315(b) deadline to body. Since the present bill and the Although as a general proposition it is true one year. Senate bill are largely identical, I will that Rule 42(a) should be construed in har- The final bill also extends inter- not repeat what I said previously, but mony with the other civil rules, it would be vening rights to inter partes and post- will simply refer to my previous re- a mistake to assume that the standard for grant review. The bill does not allow marks, at 157 Cong. Rec. 1368–80, daily consolidation is the same as that governing new matter to be introduced to support the original joinder of parties or claims. . . . claims in IPR and PGR and does not ed. March 8, 2011, which obviously [M]ore than one party can be joined on a side apply to the present bill as well. under Rule 20(a) only if there is asserted on allow broadening of claims in those As I mentioned earlier, Mr. SMITH ne- behalf of or against all of them one or more proceedings. The aspect of intervening gotiated his bill with Senators LEAHY, claims for relief arising out of the same rights that is relevant to IPR and PGR GRASSLEY, and me as he moved the bill transaction or occurrence or series of trans- is section 252, first paragraph, which through the House of Representatives. actions or occurrences. This is in addition to provides that damages accrue only The final House bill thus represents a the requirement that there be some question from the date of the conclusion of re- compromise, one which the Senate sup- of law or fact common to all the parties. But view if claim scope has been sub- the existence of a common question by itself porters of patent reform have agreed to stantively altered in the proceeding. is enough to permit consolidation under Rule This restriction applies even if the support in the Senate. The provisions 42(a), even if the claims arise out of inde- that Mr. SMITH has added to the bill pendent transactions. amendment only narrowed the scope of the claims. See Engineered Data Prod- are ones that we have all had an oppor- If a court that was barred from join- ucts, Inc. v. GBS Corp., 506 F.Supp.2d tunity to consider and discuss, and ing defendants in one action could in- which I fully support. 461, 467 (D. Colo. 2007), which notes that stead simply consolidate their cases for ‘‘the Federal Circuit has routinely ap- Section 19(d) of the present bill adds trial under rule 42, section 299’s pur- a new section 299 to title 35. This new plied the intervening rights defense to pose of allowing unrelated patent de- narrowing amendments.’’ When patent- section bars joinder of accused infring- fendants to insist on being tried sepa- ers as codefendants, or consolidation of defeating prior art is discovered, it is rately would be undermined. Section often impossible to predict whether their cases for trial, if the only com- 299 thus adopts a common standard for mon fact and transaction among the that prior art will be found to render both joinder of defendants and consoli- the entire invention obvious, or will defendants is that they are alleged to dation of their cases for trial. only require a narrowing amendment. have infringed the same patent. This Another set of changes made by the When a challenger has discovered such provision effectively codifies current House bill concerns the coordination of prior art, and wants to practice the in- law as it has been applied everywhere inter partes and postgrant review with vention, intervening rights protect him outside of the Eastern District of civil litigation. The Senate bill, at pro- against the risk of gong forward—pro- Texas. See Rudd v. Lux Products Corp., posed sections 315(a) and 325(a), would vided, of course, that he is correct in 2011 WL 148052. (N.D. Ill. January 12, have barred a party or his real party in his judgment that the prior art at least 2011), and the committee report for this interest from seeking or maintaining requires a substantive narrowing of bill at pages 54 through 55. an inter partes or postgrant review claims. H.R. 1249 as introduced applied only after he has filed a declaratory-judg- The final bill also adds a new sub- to joinder of defendants in one action. ment action challenging the validity of section to proposed section 257, which As amended in the mark up and in the the patent. The final bill will still bar authorizes supplemental examination floor managers’ amendment, the bill seeking IPR or PGR after a declara- of patents. The new subsection pro- extends the limit on joinder to also bar tory-judgment action has been filed, vides that the Director shall refer to consolidation of trials of separate ac- but will allow a declaratory-judgment the U.S. Attorney General any ‘‘mate- tions. When this change was first pro- action to be filed on the same day or rial fraud’’ on the Office that is discov- posed, I was skeptical that it was nec- after the petition for IPR or PGR was ered during the course of a essary. A review of legal authority, filed. Such a declaratory-judgment ac- Supplemental Examination. Chairman however, reveals that under current tion, however, will be automatically Smith’s explanation of this addition, at law, even if parties cannot be joined as stayed by the court unless the patent 157 Cong. Rec. E1182–83 (daily ed. June defendants under rule 20, their cases owner countersues for infringement. 23, 2011), clarifies the purpose and ef- can still be consolidated for trial under The purpose of allowing the declara- fect of this new provision. In light of rule 42. For example, as the district tory-judgment action to be filed is to his remarks, I find the addition court held in Ohio v. Louis Trauth allow the accused infringer to file the unobjectionable. I would simply add to Dairy, Inc., 163 F.R.D. 500, 503 (S.D. first action and thus be presumptively the Chairman’s remarks that, in evalu- Ohio 1995), ‘‘[e]ven when actions are entitled to his choice of venue. ating whether a fraud is ‘‘material’’ for improperly joined, it is sometimes The House bill also extends the dead- purpose of referral, the Director should proper to consolidate them for trial.’’ line for allowing an accused infringer look to the Federal Circuit’s decision The same conclusion was reached by to seek inter partes review after he has in Therasense, Inc. v. Becton, Dickinson the court in Kenvin v. Newburger, Loeb been sued for infringement. The Senate and Co., llF.3dll, 2011 WL 2028255 & Co., 37 F.R.D. 473 (S.D.N.Y. 1965), bill imposed a 6-month deadline on (May 25, 2011). That case holds, in rel- which ordered severance because of seeking IPR after the patent owner has evant part, that: misjoinder of parties, concluding that filed an action for infringement. The [T]he materiality required to establish in- the claims against the defendants did final bill extends this deadline, at pro- equitable conduct is but-for materiality. not arise out of single transaction or posed section 315(b), to 1 year. High- When an applicant fails to disclose prior art occurrence, but then suggested the de- technology companies, in particular, to the PTO, that prior art is but-for material sirability of a joint trial, and expressly have noted that they are often sued by if the PTO would not have allowed a claim had it been aware of the undisclosed prior made its severance order without prej- defendants asserting multiple patents art. Hence, in assessing the materiality of a udice to a subsequent motion for con- with large numbers of vague claims, withheld reference, the court must deter- solidation under rule 42(a). Similarly, making it difficult to determine in the mine whether the PTO would have allowed in Stanford v. TVA, 18 F.R.D. 152 (M.D. first few months of the litigation which the claim if it had been aware of the undis- Tenn. 1955), a court found that the de- claims will be relevant and how those closed reference. fendants had been misjoined, since the claims are alleged to read on the de- Finally, perhaps the most important claims arose out of independent trans- fendant’s products. Current law im- change that the House of Representa- actions, and ordered them severed. The poses no deadline on seeking inter tives has made to the America Invents

VerDate Mar 15 2010 04:10 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.002 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5430 CONGRESSIONAL RECORD — SENATE September 8, 2011 Act is the addition of a prior-commer- The prior-commercial-use defense ties to later recharacterize their past cial-use defense. Current law, at sec- provides relief to U.S. manufacturers efforts as capturing or diligently im- tion 273, creates a defense of prior-user from this Catch-22, allowing them to plementing the successful researcher’s rights that applies only with respect to make long-term use of a manufac- invention. Questions have also arisen business-method patents. The final bill turing process without having to give as to how tentative preparations may rewrites section 273, creating a PCU de- it away to competitors or run the risk be and still qualify as ‘‘substantial fense that applies to all utility patents. that it will be patented out from under preparations.’’ For example, if a com- University researchers and their them. pany had not broken ground for its fac- technology-transfer offices had earlier Subsection (a) expands the defense tory, but had commissioned an archi- objected to the creation of such a de- beyond just processes to also cover tect to draw up plans for it, would that fense. Their principal concern was that products that are used in a manufac- qualify? Would taking out a loan to the defense would lead to a morass of turing or other commercial process. build the factory qualify as substantial litigation over whether an infringer Generally, products that are sold to preparations? was entitled to assert it, and the ex- consumers will not need a PCU defense On the other hand, proof of concep- pense and burden of this litigation over the long term. As soon as the tion and diligent commercialization would ultimately prevent universities product is sold to the public, any in- are currently used to apply section and small companies from enforcing vention that is embodied or otherwise 102(g)(2), and I have not heard com- valid patents. The compromise reached inherent in that product becomes prior plaints that the current defense has re- in the House of Representatives ad- art and cannot be patented by another sulted in overly burdensome litigation. dresses university concerns by requir- party, or even by the maker of the In the end, however, a substantial- ing a defendant to show that he com- product after the grace period has ex- preparations predicate is not included mercially used the subject matter that pired. Some products, however, consist in this bill simply because that was the infringes the patent at least 1 year be- of tools or other devices that are used agreement that was struck between fore the patent owner either filed an only by the inventor inside his closed universities and industry in the House application or disclosed the invention factory. Others consist of substances of Representatives last summer, and to the public. The House compromise that are exhausted in a manufacturing we are now effectively limited to that also precludes assertion of the defense process and never become accessible to agreement. Perhaps this issue can be against most university-owned patents. the public. Such products will not be- further explored and revisited in a fu- The PCU defense is similar to the come prior art. Revised section 273 ture Congress, though I suspect that prior-user right that exists in the therefore allows the defense to be as- many members will want a respite United Kingdom and Germany. The de- serted with respect to such products. from patent issues after this bill is fense is a relatively narrow one. It does The defense can also be asserted for completed. not create a general license with re- products that are not used to make a The final bill also drops the require- spect to the patented invention, but useful end result that is sold to others, ment of a showing of a reduction to rather only allows the defendant to but that are used in an internal com- practice that previously appeared in keep making the infringing commer- mercial process. This would include, subsection (b)(1). This is because the cial use that he establishes that he for example, customized software that use of a process, or the use of product made 1 year before the patentee’s filing is used to run a company’s human-re- in a commercial process, will always or disclosure. The words ‘‘subject mat- sources system. So long as use of the constitute a reduction to practice. ter,’’ as used in subsection (a), refer to product is integrated into an ongoing One change made by the original the infringing acts of the defendant, commercial process, and not merely House bill that proved contentious is not to the entire patented invention. fleeting or experimental or incidental the expansion of the personal nature of An exception to this limit, which ex- to the enterprise’s operations, the PCU the defense, now at subsection (e)(1)(A), pands the defense beyond what would defense can be asserted with respect to to also include uses of the invention be allowed in the United Kingdom, ap- that product. made by contractors and vendors of the pears in subsection (e)(3), which allows The present bill requires the defend- person asserting the defense. The the defendant to increase the quantity ant to commercially use the invention House bill originally allowed the de- or volume of the use that he estab- in order to be able to assert the de- fendant to assert the defense if he per- lishes that he made of the invention. fense. Chairman SMITH has suggested, formed the commercial use or Subsection (e)(3) also confirms that the at 157 Cong. Rec. E1219 (daily ed. June ‘‘caused’’ its performance. The word defendant may improve or otherwise 28, 2011), that in the future Congress ‘‘caused,’’ however, could be read to in- modify his activities in ways that do should expand the defense so that it clude even those uses that a vendor not further infringe the patent, al- also applies when a company has made made without instructions or even the though one would think that this substantial preparations to commer- contemporaneous knowledge of the would go without saying. cially use an invention. Some have also person asserting the defense. The final The PCU defense is principally de- suggested that the defense should be bill uses the word ‘‘directed,’’ which signed to protect the use of manufac- expanded to cover not just using, but limits the provision only to those turing processes. For many manufac- also making and selling an invention if third-party commercial uses that the turing processes, the patent system substantial preparations have been defendant actually instructed the ven- presents a catch-22: if the manufac- made to manufacture the invention. dor or contactor to use. In analogous turer patents the process, he effec- This would expand the defense to more contexts, the word ‘‘directed’’ has been tively discloses it to the world. But fully compensate for the repeal of cur- understood to require evidence that the patents for processes that are used in rent section 102(g), which allows a defendant affirmatively directed the closed factories are difficult to police. party to invalidate a patent asserted vendor or contractor in the manner of It is all but impossible to know if against it if the party can show that it the work or use of the product. See, for someone in a factory in China is in- had conceived of the invention earlier example, Ortega v. Puccia, 75 A.D. 54, 59, fringing such a patent. As a result, un- and diligently proceeded to commer- 866 N.Y.S.2d 323, 328 (N.Y. App. 2008). scrupulous foreign and domestic manu- cialize it. Subsection (e)(1)(A)’s reference to en- facturers will simply use the invention On the one hand, universities and tities that ‘‘control, are controlled by, in secret without paying licensing fees. others have expressed concern that a or under common control with’’ the de- Patenting such manufacturing proc- ‘‘substantial preparations’’ predicate fendant borrows a term that is used in esses effectively amounts to giving for asserting the PCU defense would several federal statutes. See 12 U.S.C. away the invention to competitors. On lead to expensive and burdensome liti- 1841(k), involving bank holding compa- the other hand, if the U.S. manufac- gation over whether a company’s ac- nies, 15 U.S.C. 78c(a)(4)(B)(vi), involv- turer does not patent the process, a tivities reflect conception and diligent ing securities regulation, 15 U.S.C. subsequent party may obtain a patent commercialization of the invention. 6809(6), involving financial privacy, and for it, and the U.S. manufacture will be Some argue that it is often the case 49 U.S.C. 30106(d)(1), involving motor forced to stop using a process that he that different companies and research- vehicle safety. Black’s Law Dictionary was the first to invent and which he ers are working on the same problem, 378 (9th ed. 2009) defines ‘‘control’’ as has been using for years. and it is easy for the unsuccessful par- the ‘‘direct or indirect power to govern

VerDate Mar 15 2010 05:25 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.033 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5431 the management and policies of a per- 9, 2011), and 157 Cong. Rec. H4429 (daily tion filed under the first-to-file system son or entity, whether through owner- ed. June 22, 2011). These two chairmen will be vulnerable to an attack that ship of securities, by contract, or oth- are the lead sponsors and authorizing the inventor failed to disclose the best erwise; the power or authority to man- chairmen of this year’s bills, which are mode of the invention. This is incor- age, direct, or oversee.’’ identical with respect to section 102. As rect. Section 15 of this bill precludes A few other aspects of the PCU de- Chairman SMITH most recently ex- the use of the best-mode requirement fense merit brief mention. Subsection plained in his June 22 remarks, ‘‘con- as a basis for cancelling a claim or (e)(5)(A), the university exception, was trary to current precedent, in order to holding it invalid. It was also sug- extended to also include university trigger the bar in new 102(a) in our leg- gested, at the same place in the record, technology-transfer organizations, islation, an action must make the pat- that discovery would not be allowed in such as the Wisconsin Alumni Research ented subject matter ‘available to the the derivation proceedings created by Foundation. Subparagraph (B), the ex- public’ before the effective filing date.’’ section 3(i) of the bill. That is incor- ception to the university exception, is Therefore, ‘‘[i]f an inventor’s action is rect. Section 24 of title 35 allows dis- only intended to preclude application such that it triggers one of the bars covery in any ‘‘contested case.’’ The of subparagraph (A) when the federal under 102(a), then it inherently triggers Patent Office’s regulations, at 37 CFR government is affirmatively prohib- the grace period in section 102(b).’’ 41.2(2), indicate that contested cases in- ited, whether by statute, regulation, or When the committee included the cluded Board proceedings such as inter- executive order, from funding research words ‘‘or otherwise available to the ferences. It is not apparent to me why in the activities in question. public’’ in section 102(a), the word these laws and regulations would sug- In the course of the recodification of ‘‘otherwise’’ made clear that the pre- gest anything other than that dis- former subsection (a)(2) as new (c)(2), ceding items are things that are of the covery will be allowed in derivation the former’s subparagraph (B) was same quality or nature. As a result, the proceedings. dropped because it is entirely redun- preceding events and things are limited Finally, let me close by commenting dant with subparagraph (A). to those that make the invention on section 18 of the bill. Some legiti- Finally, subsection (e)(4), barring as- ‘‘available to the public.’’ The public mate interests have expressed concern sertion of the defense if use of the sub- use or sale of an invention remains that non-business-method patents will ject matter has been abandoned, should prior art, thus making clear that an in- be subject to challenge in this pro- not be construed to necessarily require vention embodied in a product that has ceeding. I have been asked to, and am continuous use of the subject matter. been sold to the public more than a happy to, reiterate that technological It is in the nature of some subject mat- year before an application was filed, inventions are excluded from the scope ter that it will be used only periodi- for example, can no longer be patented. of the program, and that these techno- cally or seasonally. If such is the case, Once an invention has entered the pub- logical inventions include inventions and the subject has been so used, its lic domain, by any means, it can no in the natural sciences, engineering, use has not been abandoned. longer be withdrawn by anyone. But and computer operations—and that in- I would also like to take a moment public uses and sales are prior art only ventions in computer operations obvi- to once again address the question of if they make the invention available to ously include software inventions. the grace period created by this bill. the public. This does not mean that a patent is During the House and Senate debates In my own remarks last March, I ineligible for review simply because it on the bill, opponents of the first-to- cited judicial opinions that have con- recites software elements or has been file system have occasionally asserted strued comparable legislative language reduced to a software program. If that that they oppose the bill’s move to in the same way. Since that time, no were the case, then very few of even first to file because it weakens the opponent of the first-to-file transition the most notorious business-method grace period. See 157 Cong. Rec. S1094, has identified any caselaw that reads patents could be reviewed under sec- S1096, S1112 (daily ed. March 2, 2011), this legislative language any other tion 18. Rather, in order to fall within and 157 Cong. Rec. H4424, H4430 (daily way, nor am I aware of any such cases. the technological-invention exclusion, ed. June 22, 2011). I would hope that even those opponents the invention must be novel as soft- Some of these arguments are dif- of first to file who believe that sup- ware. If an invention recites software ficult to understand, in part because porters of the bill cannot rely on com- elements, but does not assert that it is opponents of first to file have used the mittee reports and sponsors’ state- novel as software, or does not colorably term ‘‘grace period’’ to mean different ments would at least concede that Con- appear to be so, then it is not ineligible things. Some have used the term to gress is entitled to rely on the con- for review simply because of that soft- mean the period between the time sistent judicial construction of legisla- ware element. But an actual software when the inventor conceives of the in- tive language. invention is a technological invention, vention and the time when he files a Finally, I would note that the inter- and is not subject to review under sec- full or even provisional application. pretation of 102 that some opponents tion 18. Obviously, if the ‘‘grace period’’ is de- appear to advance—that nondisclosing Mr. LEVIN. Madam President, I sup- fined as the first-to-invent system, uses and sales would remain prior art, port the America Invents Act. then the move to first to file elimi- and would fall outside the 102(b) grace Right now, as our economy struggles nates that version of the grace period. period—is utterly irrational. Why to recover, this legislation is needed to Others, however, have suggested that would Congress create a grace period help create jobs and keep our manufac- public uses, sales, or ‘‘trade secrets’’ that allows an invention that has been turers competitive. It will further will bar patenting under new section disclosed to the world in a printed pub- strengthen and expand the ability of 102(b), even if they consist of activities lication, or sold and used around the our universities to conduct research of the inventor during the year before world, for up to a year, to be with- and turn that research into innovative filing. drawn from the public domain and pat- products and processes that benefit This is not the case, and I hope that ented, but not allow an inventor to Michigan and our Nation. courts and executive officials inter- patent an invention that, by definition, Because of this legislation, we will be preting this act will not be misled by has not been made available to the able to see that boost up close in my arguments made by opponents of this public? Such an interpretation of sec- home State of Michigan, where a new part of the bill. The correct interpreta- tion 102 simply makes no sense, and satellite Patent and Trademark Office tion of section 102 and the grace period should be rejected for that reason will be established in Detroit. This of- is that which has been consistently ad- alone. fice will help modernize the patent sys- vanced in the 2007 and 2011 committee Let me also address two other tem and improve the efficiency of pat- reports for this bill, see Senate Report misstatements that have been made ent review and the hiring of patent ex- 110–259, page 9, and House Report 112– about the bill’s first-to-file system. In aminers. 98, page 43, as well as by both Chair- remarks appearing at 157 Cong. Rec. In addition, in an important victory man SMITH and Chairman LEAHY, see S1095 (daily ed. March 2, 2011), it was after years of effort to address the 157 Cong. Rec. S1496–97 (daily ed. March suggested that a provisional applica- problem, section 14 of the act finally

VerDate Mar 15 2010 04:10 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.035 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5432 CONGRESSIONAL RECORD — SENATE September 8, 2011 bans tax patents, ending the troubling strued to target only those business refer specifically to banks or even to fi- practice of persons seeking patents for method patents that are unique to the nancial transactions. Rather, because tax avoidance strategies. financial services industry.’’ Mr. SHU- the patents apply to administration of Issuing such patents abuses the Tax STER’s interpretation is incorrect. a business transactions, such as finan- Code by granting what some could see Nothing in the America Invents Act cial transactions, they are eligible for as a government imprimatur of ap- limits use of section 18 to banks, insur- review under section. To meet this re- proval for dubious tax strategies, while ance companies or other members of quirement, the patent need not recite a at the same time penalizing taxpayers the financial services industry. Section specific financial product or service. seeking to use legitimate strategies. 18 does not restrict itself to being used Interestingly, Mr. SHUSTER’s own ac- The section makes it clear that patents by petitioners whose primary business tions suggest that his interpretation can still be issued for software that is financial products or services. Rath- does not conform to the plain meaning helps taxpayers prepare their tax re- er, it applies to patents that can apply of the statute. In addition to his state- turns, but that provision is intended to to financial products or services. Ac- ment, Mr. SHUSTER submitted an be narrowly construed and is not in- cordingly, the fact that a patent is amendment to the Rules Committee tended to authorize patents for busi- being used by a company that is not a that would exempt particular types of ness methods or financial management financial services company does not business-method patents from review software. disqualify the patent from section 18 under section 18. That amendment was The bill will put a halt to both new review. Conversely, given the statutory later withdrawn. Mr. SHUSTER’s subse- and pending tax patent applications. and regulatory limitations on the ac- quent statement in the RECORD appears Although it does not apply on its face tivities of financial services companies, to be an attempt to rewrite through to the 130-plus tax patents already if a patent is allegedly being used by a legislative history something that he granted, if someone tries to enforce one financial services company, the patent was unable to change by amendment. of those patents in court by demanding will qualify as a ‘‘covered business Moreover, the text of section 18 fur- that a taxpayer provide a fee before method patent.’’ ther demonstrates that section 18 is using it to reduce their taxes, I hope a The plain meaning of ‘‘financial not limited to patents exclusively uti- court will consider this bill’s language product or service’’ demonstrates that lized by the financial services industry. and policy determination when decid- section 18 is not limited to the finan- As originally adopted in the Senate, ing whether such efforts are consistent cial services industry. At its most subsection (a)(1)(B) only allowed a with public policy. basic, a financial product is an agree- party to file a section 18 petition if ei- This legislation is an important step ment between two parties stipulating ther that party or its real parties in in- forward and I urge my colleagues to movements of money or other consider- terest had been sued or accused of in- support it. ation now or in the future. Types of fi- fringement. In the House, this was ex- Mr. SCHUMER. Madam President, I nancial products include, but are not panded to also cover cases where a would like to clarify the record on a limited to: extending credit, servicing ‘‘privy’’ of the petitioner had been sued few points related to section 18 of the loans, activities related to extending or accused of infringement. A ‘‘privy’’ America Invents Act. Section 18, of and accepting credit, leasing of per- is a party that has a direct relationship which Senator KYL and I were the au- sonal or real property, real estate serv- to the petitioner with respect to the al- thors, relates to business method pat- ices, appraisals of real or personal legedly infringing product or service. ents. As the architect of this provision, property, deposit-taking activities, In this case, it effectively means cus- I would like to make crystal clear the selling, providing, issuing or accepting tomers of the petitioner. With the addi- intent of its language. stored value or payment instruments, tion of the word ‘‘privy,’’ a company It is important that the record re- check cashing, collection or proc- could seek a section 18 proceeding on flect the urgency of this provision. essing, financial data processing, ad- the basis that customers of the peti- Just today, while the Senate has been ministration and processing of bene- tioner had been sued for infringement. considering the America Invents Act, fits, financial fraud detection and pre- Thus, the addition of the ‘‘privy’’ lan- Data Treasury—the company which vention, financial advisory or manage- guage clearly demonstrates that sec- owns the notorious check imaging pat- ment consulting services, issuing, sell- tion 18 applies to patents that may be ents and which has already collected ing and trading financial instruments used by entities other than the finan- over half a billion dollars in settle- and other securities, insurance prod- cial services industry. ments—filed suit in the Eastern Dis- ucts and services, collecting, ana- The fact that a multitude of indus- trict of Texas against 22 additional de- lyzing, maintaining or providing con- tries will be able to make use of sec- fendants, primarily community banks. sumer report information or other ac- tion is evident by the broad based sup- These suits are over exactly the type of count information, asset management, port for the provision, including the patents that section 18 is designed to trust functions, annuities, securities U.S. Chamber of Commerce and the Na- address, and the fact that they con- brokerage, private placement services, tional Retail Federation, among many tinue to be filed highlights the urgency investment transactions, and related others. of signing this bill into law and setting support services. To be eligible for sec- Mr. KIRK. Madam President, I sup- up an administrative review program tion 18 review, the patent claims must port H.R. 1249, the Leahy-Smith Amer- at the PTO. only be broad enough to cover a finan- ica Invents Act, because this long-over- I would like to elucidate the intent cial product or service. due patent reform will spur innovation, behind the definition of business meth- The definition of ‘‘covered business create jobs and strengthen our econ- od patents. Other Members have at- method patent’’ also indicates that the omy. tempted to suggest a narrow reading of patent must relate to ‘‘performing data In particular, I am proud that this the definition, but these interpreta- processing or other operations used in legislation contains a provision I tions do not reflect the intent of Con- the practice, administration, or man- worked to include in the Senate com- gress or the drafters of section 18. For agement’’ of a financial product or panion, S.23, that would establish the example, in connection with the House service. This language makes it clear US Patent and Trademark Office Om- vote on the America Invent Act, H.R. that section 18 is intended to cover not budsman Program to assist small busi- 1249, Congressman SHUSTER submitted only patents claiming the financial nesses with their patent filing issues. a statement in the RECORD regarding product or service itself, but also pat- This Ombudsman Program will help the definition of a ‘‘covered business ents claiming activities that are finan- small firms navigate the bureaucracy method patent’’ in section 18. 157 Cong. cial in nature, incidental to a financial of the patent system. Small businesses Rec. H4497 (daily ed. June 23, 2011). activity or complementary to a finan- are the economic engine of our econ- In the statement, Mr. SHUSTER cial activity. Any business that sells or omy. According to the Small Business states: ‘‘I would like to place in the purchases goods or services ‘‘practices’’ Administration, these companies em- record my understanding that the defi- or ‘‘administers’’ a financial service by ploy just over half of all private sector nition of ‘covered business method pat- conducting such transactions. Even the employees and create over fifty percent ent’ . . . is intended to be narrowly con- notorious ‘‘Ballard patents’’ do not of our nonfarm GDP. Illinois alone is

VerDate Mar 15 2010 05:25 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.054 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5433 home to over 258,000 small employers by the House. I voted in support of an rency. It is the intention of Section 18 to not and more than 885,000 self-employers. amendment that sought to strike Sec- review mechanical inventions related to the Small businesses are also helping to tion 37, which the House had added to manufacture and distribution of machinery lead the way on American innovation. the bill. This section unnecessarily to count, sort and authenticate currency like change sorters and machines that scan These firms produce thirteen times interferes with a matter that is cur- currency whose novelty turns on a techno- more patents per employee than large rently being considered on appeal in logical innovation over the prior art. These patenting firms, and their patents are the federal courts. I also voted reluc- types of patents would not be eligible for re- twice as likely to be the most cited tantly to table an amendment to re- view under this program. among all patents. Small business store the Senate-passed language re- I agree with Chairman SMITH, and breakthroughs led to the development garding funding of the Patent and would note again that vibrant and job- of airplanes, FM radio and the personal Trademark Office. I supported the ta- creating industries have developed computer. It is vital that these bling motion because of the significant around the types of mechanical inven- innovators spend their time developing risk that the bill would fail if the Sen- tions he describes that deal with the new products and processes that will ate sent it back to the House with that counting, sorting, authentication and build our future, not wading through amendment included. It is unfortunate scanning of currency and paper instru- government red tape. that disagreement between the House ments. I am confident that the PTO However, I vote for this legislation and Senate has prevented the PTO will keep this in mind as it works to with the understanding that Section funding issue from being more clearly craft regulations implementing the 18, which establishes a review process resolved in the current legislation, and technological invention exception to for business-method patents, is not too I believe Congress must work dili- section 18. I also expect the PTO to broadly interpreted to cover patents on gently in the future to ensure PTO has keep in mind as it crafts these regula- tangible products that claim novel and the funding and resources it needs to tions Congress’s understanding that le- non-obvious software tools used to exe- effectively carry out its mission. gitimate and job-creating techno- cute business methods. H.R. 1249 seeks I also voted against an amendment logical patents such as those pro- to strengthen our patent system in relating to section 18 of the bill which tecting the novel electronic trading order to incentivize and protect our in- creates a transitional review process software tools and graphical user inter- ventors so that Americans can grow for certain business method patents. I faces discussed above are not the tar- our economy and bolster our global cast this vote after receiving assur- get of section 18. competiveness. Thus, it would defy the ances from my colleagues that the Overall, I am pleased that the Con- purpose of this bill if its authority scope and application of section 18 gress has passed patent reform legisla- were used to threaten the viable pat- would be appropriately constrained, as tion with strong bipartisan support and ents held by companies that employ it is critically important that this sec- has sent the legislation to the Presi- hundreds of Americans by commer- tion not be applied in a way that would dent’s desk. It has been a long time in cializing software products they de- undermine the legislation’s focus on the making, and I again want to con- velop and engineer. protecting legitimate innovation and gratulate Chairman LEAHY for his lead- Our Founding Fathers recognized the job creation. ership and hard work on this issue. importance of a strong patent system. I want to note specifically that there The PRESIDING OFFICER. The Sen- I am proud to support H.R. 1249, which are companies in many states, includ- ator from Iowa has 5 minutes. will provide strong intellectual prop- ing my state of Illinois, that employ Mr. GRASSLEY. Madam President, I erty rights to further our technological large numbers of American workers in urge my colleagues to oppose all three advancement. bringing to market legitimate, novel amendments to the patent bill so we Mr. DURBIN. Madam President, I and non-obvious products that are can send this important jobs bill to the rise to speak about the Leahy-Smith based on and protected by business President of the United States for his America Invents Act. This is bipartisan method patents. Examples of such pat- signature. legislation that will enhance and pro- ent-protected products include machin- I then urge my colleagues to support tect innovation in our country. I want ery that counts, sorts or authenticates final passage of the Leahy-Smith to commend Senator LEAHY, the chair- currency and paper instruments, and America Invents Act. This is a strong man of the Judiciary Committee, for novel software tools and graphical user bipartisan bill that will enhance Amer- his leadership and tireless work on this interfaces that are used by electronic ica’s innovation and give us economic bill. I also want to commend my Re- trading industry workers to implement growth. It will protect inventors’ publican colleagues on the Judiciary trading or asset allocation strategies. rights and improve transparency and Committee, particularly Senators Vibrant industries have developed third-party participation in the patent GRASSLEY, KYL, and HATCH, who have around the production and sale of these review process. It will strengthen pat- worked diligently with Chairman tangible inventions, and I appreciate ent quality and reduce costs and will LEAHY in this effort to reform our pat- that patents protecting such job-cre- curb litigation abuses and improve cer- ent system. ating products are not understood to be tainty for investors and innovators. In this country, if you have a good the target of section 18. The Leahy-Smith America Invents idea for a new and useful product, you I also note that there is an exemp- Act will also help small entities with can get a patent and turn that idea tion in section 18 for patents for tech- their patent applications and provide into a thriving business. Millions of nological inventions. House Judiciary for reduced fees for micro entities and good American jobs are created in this Chairman SMITH provided useful clari- small businesses. It will help compa- way. The goals of today’s legislation fication with respect to the scope of nies do business more efficiently both are to improve the operations of the that exemption in the June 23, 2011, here and abroad. Patent and Trademark Office and to RECORD, stating that: The bill includes a provision that will help inventors in this country better prevent patents from being issued on Patents for technological inventions are protect their investments in innova- those patents whose novelty turns on a tech- claims of tax strategies. These strate- tion. By protecting innovations, we nological innovation over the prior art and gies can add unwarranted fees on tax- will help grow our economy and help are concerned with a technical problem payers for attempting to comply with businesses create jobs for American which is solved with a technical solution. the Tax Code. workers. The technological innovation exception does Finally, the bill will enhance the op- I regret that after the Senate passed not exclude a patent simply because it re- erations of the Patent and Trademark a version of this legislation in March in cites technology. Inventions related to man- Office with administrative reforms, a broadly bipartisan vote of 95–5, the ufacturing and machines that do not simply give the Patent and Trademark Office House of Representatives modified the use known technology to accomplish a novel fee-setting authority which we hope business process would be excluded from re- Senate-passed legislation. Not all of view under Section 18. will then lead to a reduction of backlog those changes improved the bill. Section 18 would not cover patents related and improve the ability of the Patent Today, we voted on several amend- to the manufacture and distribution of ma- and Trademark Office to manage its af- ments that responded to changes made chinery to count, sort, and authenticate cur- fairs.

VerDate Mar 15 2010 04:10 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.038 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5434 CONGRESSIONAL RECORD — SENATE September 8, 2011 I thank Chairman LEAHY and Senator In a few moments the Senate is going problems of the patent office. H.R. 1249, like HATCH, the lead sponsors of this legis- to have the opportunity to make sig- S. 23, is an excellent bill. These bills are the lation, for the tremendous amount of nificant reforms to our Nation’s patent product of many years of skillful and dif- ficult legislative work in both the House and work they put into this America In- system for the first time in more than the Senate. We believe the time has now vents Act, not only for this Congress half a century. come for the Senate to take the final legisla- but over the past 3 to 4 years that this The America Invents Act is the prod- tive act required for enactment of these his- bill has been worked on. This has been uct of extensive consideration. We have toric reforms. a long process spanning those several worked on this for four Congresses. We Sincerely, Congresses, and without the leadership have had dozens of hearings, weeks of GARY L. GRISWOLD. of these two Senators on patent reform committee debate, and I have lost we wouldn’t be ready to cross the fin- count of the hundreds of other meet- COALITION FOR PATENT FAIRNESS, June 27, 2011. ish line today. ings we have had. This bill is an oppor- Hon. PATRICK J. LEAHY, In addition, I thank the staff of the tunity to show the American people Chairman, U.S. Senate, Committee on the Judi- Judiciary Committee: Bruce Cohen, that Democrats and Republicans can ciary, Washington, DC. Aaron Cooper, Curtis LeGeyt of Chair- come together to enact meaningful leg- Hon. CHARLES E. GRASSLEY, man LEAHY’s staff, Matt Sandgren of islation for the American people. The Ranking Member, Committee on the Judiciary, Senator HATCH’s staff, and Joe Matal of time to do that is now. Washington, DC. Senator KYL’s staff. I would like to The only remaining issues that stand DEAR CHAIRMAN LEAHY AND RANKING MEM- thank the floor staff for their help in in the way of this long overdue reform BER GRASSLEY: After years of effort, both houses of Congress have now successfully processing this bill in an efficient man- are three amendments. Each of them passed patent reform by impressive margins. ner, and I would like to especially carries some merit. In the past, I might On behalf of the high tech community, we thank Kolan Davis and Rita Lari have supported them. But this is a congratulate you, as well as your House col- Jochum of my staff for their hard work compromise. No one Senator can have leagues, on this achievement. on the bill. everything he or she may want. The Coalition for Patent Fairness supports So for a third time I urge my col- The underlying issues have been de- Senate acceptance of H.R. 1249 as passed by leagues to vote for the Leahy-Smith bated. The bill as written represents a the House. While neither bill is as we would bipartisan, bicameral agreement that have written it, we believe that the House America Invents Act and to oppose the passed bill represents the best opportunity three amendments we are going to be should be passed without changes. Any to improve the patent system at the present voting on so we can keep the bill clean amendment to this bill risks killing it. time. We are also quite aware that House and send it to the President without I would urge all Senators, Repub- leaders worked very hard to take into ac- delay. licans and Democrats alike, to join me count the views of the Senate during their Senator LEAHY has made it very and join Senator GRASSLEY in opposing deliberations. clear to all 100 Senators that, if we sup- these amendments. They are the final H.R. 1249, as passed, offers us a chance of port this bill, it is a gamble to say it hurdles standing in the way of com- consensus and we believe it should be passed and signed into law. We are looking forward will be law if we have to move it be- prehensive patent reform. I ask unanimous consent to have to advancing other policy matters that boost yond the Senate to the House. This bill innovation and growth in this country. will help American inventors create in- printed in the RECORD letters from Sincerely, novative new products and services and businesses and workers representing COALITION FOR PATENT FAIRNESS. stimulate job creation. The bill will the spectrum of American industry and upgrade and strengthen our patent sys- labor urging the Senate to pass the CHAMBER OF COMMERCE OF THE tem and keep America competitive in America Invents Act without amend- UNITED STATES OF AMERICA, Washington, DC, September 6, 2011. an increasingly global economy. This is ment. There being no objection, the mate- TO THE MEMBERS OF THE UNITED STATES a good bill, and I urge all of my col- SENATE: The U.S. Chamber of Commerce, the leagues to support it. rial was ordered to be printed in the world’s largest business federation rep- Madam President, how much time do RECORD, as follows: resenting the interests of more than three I have? THE COALITION FOR 21ST CENTURY million businesses and organizations of every The PRESIDING OFFICER. There is PATENT REFORM. size, sector, and region, strongly supports 1 minute remaining. Hon. PATRICK J. LEAHY, H.R. 1249, the ‘‘America Invents Act,’’ which Mr. GRASSLEY. I would urge my Chairman, Committee on the Judiciary, Wash- would encourage innovation and bolster the colleagues—because I rebut Senator ington, DC. U.S. economy. The Chamber believes this Hon. CHARLES E. ‘‘CHUCK’’ GRASSLEY, legislation is crucial for American economic SESSIONS’ amendment—to keep in mind Ranking Member, Committee on the Judiciary, growth, jobs, and the future of U.S. competi- that when somebody tells us this is to Washington, DC. tiveness. bail out one company, understand that DEAR CHAIRMAN LEAHY AND RANKING MEM- A key component of H.R. 1249 is section 22, one company has gotten justice from BER GRASSLEY: We urge you to work with the which would help ensure that fees collected the judicial branch of our government leadership of the Senate to bring H.R. 1249 to by the U.S. Patent and Trademark Office because a judge has said for that com- the Senate floor as soon the Senate’s sched- (PTO) fund the office and its administration pany that they were denied their rights ule might permit and pass the bill as is. of the patent system. PTO faces significant Our Coalition believes that this legislation challenges, including a massive backlog of under the 60-day rule to file for an ex- will fully modernize our patent laws. Indeed, pending applications, and this backlog is sti- tension of patent. So what that judge it will give the world the first truly 21st cen- fling domestic innovators. The fees that PTO said was bureaucrats in our agencies tury patent law—creating patentability collects to review and approve patent appli- acted in an arbitrary and capricious standards that are transparent, objective, cations should be dedicated to PTO oper- manner by not having the same rules predictable and simple in their application. ation. However, fee diversion by Congress that designate when the 60-day period It will enhance the inventor-friendly and col- has hampered PTO’s efforts to hire and re- of time starts. laboration-friendly features of our existing tain a sufficient number of qualified exam- So we have a judge that says so, so patent law. At the same time, it will in- iners and implement technological improve- crease public participation in the patenting ments necessary to ensure expeditious maybe people can refer to that opinion process, while maintaining strong protec- issuance of high quality patents. Though the and get what they want. But we ought tions for inventors in the provisions that do PTO funding compromise embodied in the to have it in the statute of what is uni- so. House-passed bill could be strengthened to form, and that is what the bill does, The agreement reached in the House on match the fee diversion provision originally and the Sessions amendment would USPTO funding will assure that the fees paid passed by the Senate, as crafted, Section 22 strike that. to the USPTO by inventors will not be di- represents a meaningful step toward ensur- I yield the floor. verted and will be made available to the Of- ing that PTO has better access to the user The PRESIDING OFFICER. The Sen- fice for processing patent applications and fees it collects, and would better allow the other important functions of the Office. ator from Vermont has the remainder agency to address the current backlog of 1.2 While we would have preferred the Senate’s million applications waiting for a final de- of the time until 4 p.m. approach in S. 23 to prevent diversion of termination and pendency time of three Mr. LEAHY. Madam President, I USPTO funds, we believe that acceptance of years, as well as to improve patent quality. thank the distinguished Senator from the House bill provides an effective and the In addition, the legislation would help en- Iowa for his strong support of this bill. most immediate path forward to address sure that the U.S. remains at the forefront of

VerDate Mar 15 2010 05:36 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.052 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5435 innovation by enhancing the PTO process getting the economy moving again and I Over the past few months, my enthusiasm and ensuring that all inventors secure the urge its enactment. and belief in the legislative process has exclusive right to their inventions and dis- Sincerely, grown as I have participated in the debate coveries. The bill shifts the U.S. to a first-in- LEO W. GERARD, over patent reform. I believe that this legis- ventor-to-file system that the Chamber be- International President. lation will fully modernize our patent laws. lieves is both constitutional and wise, ending It will give independent inventors and entre- expensive interference proceedings. H.R. 1249 JUNE 27, 2011. preneurs the speed and certainty necessary also contains important legal reforms that Hon. PATRICK LEAHY, to go out and commercialize their inven- would help reduce unnecessary litigation Chairman, Senate Committee on the Judiciary, tions, start companies, and create jobs. against American businesses and innovators. Washington, DC. There has been a great deal of compromise Among the bill’s provisions, Section 16 would Hon. CHUCK GRASSLEY, amongst industries to balance the unique put an end to frivolous false patent marking Ranking Member, needs of all constituents. The independent cases, while still preserving the right of Senate Committee on the Judiciary, Wash- inventor has been well represented through- those who suffered actual harm to bring ac- ington, DC. out this process and we are in a unique situa- tions. Section 5 would create a prior user DEAR CHAIRMAN LEAHY AND RANKING MEM- tion where there is overwhelming support for right for those who first commercially use BER GRASSLEY: We write on behalf of six uni- this legislation. inventions, protecting the rights of early in- versity, medical college, and higher edu- The fee diversion debate has been impor- ventors and giving manufacturers a powerful cation associations to encourage you to tant, since it has shed light on the fact that incentive to build new factories in the work with the leadership of the Senate to nearly a billion dollars has been diverted United States, while at the same time fully bring H.R. 1249 before the Senate as soon as from the USPTO. These are dollars that in- protecting universities. Section 19 also re- possible for a vote on passage of the bill as ventors have paid to the USPTO expecting stricts joinder of defendants who have ten- is. the funds to be used to examine applications uous connections to the underlying disputes The patent system plays a critical role in as expeditiously as possible. While I would in patent infringement suits. Section 18 of enabling universities to transfer the discov- have preferred the Senate’s approach in S. 23 H.R. 1249 provides for a tailored pilot pro- eries arising from university research into to prevent diversion of USPTO funds, I be- gram which would allow patent office ex- the commercial sector for development into lieve that acceptance of the House bill pro- perts to help the court review the validity of products and processes that benefit society. vides the best way to ensure that the funds certain business method patents using the H.R. 1249 closely resembles S. 23; both bills paid to the patent office will be available to best available prior art as an alternative to contain provisions that will improve patent hire examiners and modernize the tools nec- costly litigation. quality, reduce patent litigation costs, and essary for it to operate effectively. provide increased funding for the USPTO. Al- The Chamber strongly opposes any amend- H.R. 1249 is the catalyst necessary to though we preferred the USPTO revolving ments to H.R. 1249 that would strike or incentivize inventors and entrepreneurs to fund established in S. 23, we believe that the weaken any of the important legal reform create the companies that will get our coun- funding provisions adopted by the House in measures in this legislation, including those try back on the right path and generate the the course of passing H.R. 1249 provide an ef- found in Sections 16, 5, 19 and 18. jobs we sorely need. I hope that you will fective means of preventing fee diversion. The Chamber strongly supports H.R. 1249. take the needs of the ‘‘little guy’’ into con- The Chamber may consider votes on, or in Together with the expanded fee-setting au- thority included in both bills, H.R. 1249 will sideration and move this legislation forward relation to, H.R. 1249—including procedural and enact these historic reforms. votes, and any weakening Pamendments—in provide USPTO with the funding necessary to carry out its critical functions. Sincerely, our annual How They Voted scorecard. We very much appreciate the leadership of LOUIS J. FOREMAN, Sincerely, the Senate Judiciary Committee in crafting CEO. R. BRUCE JOSTEN, S. 23, which brought together the key ele- Executive Vice President, Mr. LEAHY. The bill is important for ments of effective patent reform and formed our economy. It is important for job Government Affairs. the basis for H.R. 1249. These bills represent the successful culmination of a thorough, creation. It is a product of bipartisan UNITED STEELWORKERS, balanced effort to update the U.S. patent and bicameral collaboration. It is the Pittsburgh, PA, July 15, 2011. system, strengthening the nation’s innova- way our system is supposed to work. I Hon. PATRICK J. LEAHY, tive capacity and job creation in the increas- look forward to passing the bill and Chairman, Committee on the Judiciary, ingly competitive global economic environ- sending it directly to the President’s U.S. Senate, Washington, DC. ment of the 21st century. Senate passage of desk for his signature. DEAR CHAIRMAN LEAHY: On behalf of the H.R. 1249 will assure that the nation secures I know my friends both on the Re- these benefits. United Steelworkers, I am writing to urge publican side and Democratic side have you to consider support for the recently Sincerely, passed House bill, H.R. 1249. Over the past HUNTER R. RAWLINGS III, amendments to this bill, but they are several years the USW has been deeply in- President, Association not amendments that should pass. I volved in discussions concerning comprehen- of American Univer- mentioned the one earlier. I talked sive patent reform. We were principally con- sities. about the amendment that would put cerned with issues dealing with how damages MOLLY CORBETT BROAD, all our—well, Madam President, which are calculated for infringed patents, new President, American amendment is the first in order? post-grant review procedures, and publica- Council on Edu- The PRESIDING OFFICER. Sessions tion requirements for pending patents. H.R. cation. amendment No. 600. 1249, as did S. 23 which passed earlier this DARRELL G. KIRCH, year, satisfactorily addresses these issues President and CEO, Mr. LEAHY. Madam President, I and has our support. While we prefer the pro- Association of Amer- yield the floor. I know both Senator vision in the Senate bill dealing with USPTO ican Medical Col- SESSIONS and Senator GRASSLEY wish funding, we nevertheless believe that the leges. to speak to that. House bill moves in the right direction and PETER MCPHERSON, The PRESIDING OFFICER. The Sen- will help insure that the patent office has President, Association ators will have 4 minutes equally di- the appropriate and necessary resources to of Public and Land- vided. do its important work. grant Universities. Certainly, no bill is perfect. But H.R. 1249 ROBIN L. RASOR, The Senator from Alabama. goes a long way toward balancing different President, Association Mr. SESSIONS. Madam President, interests on a very difficult and contentious of University Tech- the oath that judges take is to do equal issue. We believe it warrants your favorable nology Managers. justice, and it says for the poor and the consideration and enactment by the Senate ANTHONY P. DECRAPPEO, rich. so that it can be moved to the President’s President, Council on desk and signed into law without undue Every day statutes of limitations re- Governmental Rela- quire that a litigant file a lawsuit delay. tions. We worked closely with your office, and within so many days and file petitions others in the Senate, in finding a consensus JUNE 25, 2011. in so many days. I see Senator CORNYN, approach that would promote innovation, in- DEAR CHAIRMAN LEAHY AND RANKING MEM- a former justice on the Texas Supreme vestment, production and job creation in the BER GRASSLEY: As an independent inventor Court and attorney general of Texas. U.S. We believe that H.R. 1249, which builds and someone who has personally interacted He fully understands that. I know he on your work in the Senate, strikes a proper with thousands of other independent inven- supports my view of this issue; that is, balance. tors and entrepreneurs, we urge you to work The U. S. economy remains in a very frag- with the leadership of the Senate to bring that the rules have to be equally ap- ile state with high unemployment and stag- H.R. 1249 to the Senate floor as soon the Sen- plied. nant wages. Patent reform can be an impor- ate’s schedule might permit and pass the bill It is just not right to the little widow tant part of a comprehensive approach to as is. lady, it is not right that somebody

VerDate Mar 15 2010 05:25 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.040 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5436 CONGRESSIONAL RECORD — SENATE September 8, 2011 with a poor lawyer, or whatever, the United States so the courts look at Grassley Leahy Reed Hagan Levin Reid misses a deadline and a judge throws it and the bureaucrats look at it in ex- Harkin Lieberman Roberts the case out. And they do. Big law actly the same way. Inouye Lugar Sanders firms such as WilmerHale file motions If you are a citizen of this country, Johnson (SD) Menendez Schumer every day to dismiss cases based on you ought to know what your rights Kerry Merkley Shaheen Klobuchar Mikulski Udall (NM) delay in filing those cases. Big insur- are. You ought to know that a bureau- Kohl Murray Warner ance companies file lawsuits, file mo- crat treats you the same way they Kyl Nelson (NE) Webb tions to dismiss every day against indi- treat, in like situations, somebody Landrieu Nelson (FL) Whitehouse viduals who file their claims too late— else. You cannot have this sort of arbi- Lautenberg Pryor Wyden and they win. So when this big one has trary and capricious action on the part NOT VOTING—2 a good bit of risk, presumably they of faceless bureaucrats that denies the Coats Rockefeller have a good errors and omissions pol- rights. This puts it in statute and so- The amendment was rejected. icy—that is what they are supposed to lidifies it so everybody knows what the Mr. LEVIN. Madam President, I do. law is, rather than relying upon one move to reconsider the vote. One reason they get paid the big judge or in the future having to rely Mr. KERRY. I move to lay that mo- bucks—and the average partner makes upon the court someplace else. I ask tion on the table. $1 million-plus a year—is because they my colleagues not to support the Ses- The motion to lay on the table was have high responsibilities, and they are sions amendment because it would agreed to. required to meet those responsibilities deny equal rights to some people in AMENDMENT NO. 595 and be responsible. this country, as this judge said those The PRESIDING OFFICER. There So I believe it is improper for us, equal rights were already denied. will now be 4 minutes equally divided while this matter is on appeal and in The PRESIDING OFFICER (Ms. KLO- prior to a vote in relation to the Cant- litigation, to take action driven by this BUCHAR). The time has expired. The well amendment. continual lobbying pressure that would Senator from Vermont. The Senator from Washington. exempt one company. They can say it Mr. LEAHY. Madam President, I ask Ms. CANTWELL. Madam President, I is others involved, but, look, this is al- unanimous consent that after the first encourage my colleagues to support ways about one company. I have been vote—we have several more votes—the the Cantwell amendment. The Cantwell here for 10 years. I know how it is remaining votes be 10-minute votes. amendment is the reinstatement of played out. I have seen it. I have talked The PRESIDING OFFICER. Without section 18 language as it passed the to the advocates on their behalf. I just objection, it is so ordered. Senate. So casting a vote for the Cant- haven’t been able to agree to it because The Senator from Vermont. well amendment will be consistent I see the average person not getting Mr. LEAHY. Have the yeas and nays with language previously supported by the benefit they are due. been ordered? each Member. So I urge my colleagues to join in The PRESIDING OFFICER. They The reason we are trying to reinstate support of this amendment. The Wall have not. the Senate language is because the Street Journal and others have edito- The question is on agreeing to the House language broadens a loophole rialized in favor of it, and I urge my Sessions amendment No. 600. that will allow for more confusion over colleagues to support it. Mr. SESSIONS. I ask for the yeas patents that have already been issued. Mr. GRASSLEY. How much time do I and nays. have? It will allow for the cancellation of The PRESIDING OFFICER. Is there a patents already issued by the Patent The PRESIDING OFFICER. Two sufficient second? minutes in opposition to the amend- Office, throwing into disarray and legal There appears to be a sufficient sec- battling many companies that already ment. ond. Mr. GRASSLEY. I think the Senator believe they have a legitimate patent. The clerk will call the roll. from Alabama has given me a reason to The House language, by adding the The bill clerk called the roll. suggest the importance of the language word ‘‘other,’’ broadens the definition Mr. DURBIN. I announce that the of the bill he wants to strike because of section 18 and extends it for 8 years, Senator from West Virginia (Mr. he said that law ought to be equally so this chaos and disarray that is sup- ROCKEFELLER) is necessarily absent. applied. posedly targeted at a single earmark Mr. KYL. The following Senator is The law for this one company is that for the banking industry to try to get necessarily absent: the Senator from they were not given justice by bureau- out of paying royalties is now so broad- Indiana (Mr. COATS). crats who acted in an arbitrary and ca- ened that many other technology com- The PRESIDING OFFICER. Are there pricious manner and they were denied panies will be affected. any other Senators in the Chamber de- their rights under the law. So that I urge my colleagues to support the siring to vote? company is taken care of because there Cantwell amendment and reinstate the The result was announced—yeas 47, was an impartial judge who believed language that was previously agreed nays 51, as follows: they had been abused in their rights to. under Hatch-Waxman to be able to ex- [Rollcall Vote No. 126 Leg.] The PRESIDING OFFICER. The Sen- tend their patent. YEAS—47 ator from New York. You might be able to argue in other Alexander Enzi Murkowski Mr. SCHUMER. Madam President, I places around the country when you Ayotte Hatch Paul rise in opposition to the amendment of Barrasso Heller are likewise denied your right that you Portman my dear friend, Senator CANTWELL. Baucus Hoeven Risch have this court case to back you up, Boozman Hutchison Rubio Business method patents are a real but we cannot have one agency saying Boxer Inhofe Sessions problem. They never should have been when a 60-day period of time starts for Cantwell Isakson Shelby patented to begin with. Let me give an Casey Johanns Snowe mail going in or mail going out to exer- Chambliss Johnson (WI) example: double click. We double click Stabenow Coburn Kirk on a computer or something such as cise your 60-day period, and for another Tester Conrad Lee agency to do it another way. That is Thune that and after it becomes a practice for Corker Manchin basically what the judge said, that Cornyn McCain Toomey awhile, someone files a patent and says Congress surely could not have meant Crapo McCaskill Udall (CO) they want a patent on double clicking. that. DeMint McConnell Vitter Because of the way the Patent Office The language of this section 37 does Durbin Moran Wicker works, the opponents of that never get exactly what Senator SESSIONS wants, NAYS—51 a chance to weigh in as to whether it which is to guarantee in the future Akaka Brown (MA) Collins should be a patent. The Patent Office that no bureaucrat can act in an arbi- Begich Brown (OH) Coons has gone way overboard in allowing trary and capricious way when they de- Bennet Burr Feinstein these business method patents. Bingaman Cardin Franken cide when does the 60-day period of Blumenthal Carper Gillibrand One might say: Then you get your time start. We put it in the statute of Blunt Cochran Graham day in court. That is true, except 56

VerDate Mar 15 2010 04:10 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.053 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5437 percent—more than half—of all the Menendez Risch Thune average patent pendency was 18.2 business method patent litigation goes Merkley Roberts Toomey months. By fiscal year 1999, it had in- Mikulski Rubio Udall (NM) to one district, the Eastern District of Moran Sanders Warner creased to 25 months. By fiscal year Texas, which is known to be extremely Murkowski Schumer Webb 2010, average patent pendency had in- favorable to the plaintiffs. It takes Nelson (NE) Shaheen Whitehouse creased all the way to 35.3 months. Nelson (FL) Shelby about 10 years to litigate. It costs tens Wicker These are not just numbers. This is Portman Snowe Wyden of millions of dollars. So the people Reed Stabenow innovation being stifled from being who are sued over and over for things Reid Tester brought to market. The longer it takes such as double clicking or how to pho- ANSWERED ‘‘PRESENT’’—1 to get a patent approved, the longer a tograph a check—common things that Paul new invention, a potential techno- are business methods and not patents— logical breakthrough, sits on the shelf NOT VOTING—1 settle. It is a lucrative business for a gathering dust instead of spurring job small number of people, but it is Rockefeller growth and scientific and economic wrong. The amendment was rejected. progress. What this bill does is very simple. AMENDMENT NO. 599, AS MODIFIED Ultimately, this hurts the competi- What the bill does, in terms of this The PRESIDING OFFICER. There is tiveness of the American economy. amendment, is very simple. It says the now 4 minutes equally divided prior to America has a stunning record of lead- Patent Office will make an administra- the vote in relation to the Coburn ing the world in innovation, which has tive determination before the years of amendment. provided us a competitive edge over litigation as to whether this patent is The Senator from Oklahoma is recog- the decades and even centuries. By sti- a legitimate patent so as not to allow nized. fling the progress of our innovation the kind of abuse we have seen. It ap- Mr. COBURN. Madam President, this within the PTO, we are dulling that plies to all financial transactions, is a straightforward amendment that competitive edge. whether it be a bank or Amazon or a says if you pay into the Patent Trade- Obviously, there is a direct relation- store or anybody else, and it makes mark Office to have a patent evalu- ship between fee diversion and patent eminent sense. ated, that money ought to be spent on pendency. The more fees that are di- So as much respect as I have for my the process. We have now stolen almost verted away from the PTO, the fewer colleague from Washington, I must $900 million from the Patent Office. We patent examiners they can hire, the strongly disagree with her argument have almost a million patents in ar- more patents each examiner has to and urge that the amendment be voted rears. We have fantastic leadership in process, and the longer it takes them down. the Patent Office, and we will not send to get to any individual patent—a I yield back the remainder of my them the money to do their job. It is longer patent pendency. time. unconscionable that we will not do The manager of this bill, the distin- The PRESIDING OFFICER. The this. guished chairman of the Judiciary question is on agreeing to the amend- I understand the arguments against Committee, has argued that ‘‘the bill ment. it, and I reserve the remainder of our will speed the time it takes for applica- time. tions on true inventions to issue as Ms. CANTWELL. I ask for the yeas Mrs. FEINSTEIN. Madam President, high quality patents, which can then and nays. I rise today in support of Senator be commercialized and used to create The PRESIDING OFFICER. Is there a COBURN’s amendment to prevent the di- jobs. . . . The America Invents Act will sufficient second? There appears to be version of patent and trademark fees to ensure that the PTO has the resources a sufficient second. other purposes. it needs to work through its backlog of The clerk will call the roll. I am pleased to be a cosponsor of this applications more quickly. The bill ac- The assistant legislative clerk called amendment. I believe this amendment complishes this objective by author- the roll. is critical for this bill to have the inno- izing the PTO to set its fees . . .’’ Mr. PAUL (when his name was vation-encouraging, job-creating ef- But what this bill gave with the one called). Present. fects that its proponents say it will. hand, in authorizing the PTO to set its The PRESIDING OFFICER. Are there Prior to 1990, taxpayers supported the fees, the House of Representatives took any other Senators in the Chamber de- operations of the Patent and Trade- away with the other hand, by striking siring to vote? mark Office, or PTO. In 1990, this was the strong antifee diversion language Mr. DURBIN. I announce that the changed through a 69 percent user fee that the Senate included in its patent Senator from West Virginia (Mr. ‘‘surcharge,’’ so that the PTO became bill earlier this year. Setting higher fee ROCKEFELLER) is necessarily absent. funded entirely through fees paid by its levels to reduce patent pendency does The result was announced—yeas 13, users, the American inventors who no good if those fees are simply di- nays 85, as follows: seek to protect the genius of their in- verted away from the PTO, and not [Rollcall Vote No. 127 Leg.] ventions from those who would copy used to hire additional patent exam- YEAS—13 these innovations for their own profit. iners. Indeed, requiring the payment of Boxer Johnson (WI) Sessions In short order, Congress began using higher patent fees which are then used Cantwell Lee Udall (CO) the funds that inventors paid to pro- for general government purposes really Coburn McCaskill Vitter tect their inventions for other pur- amounts to a tax on innovation—which DeMint Murray poses. In 1992, $8.1 million in user fees is the last thing we should be bur- Hatch Pryor were diverted. In 1993, $12.3 million was dening in today’s technology-driven NAYS—85 diverted. In 1994, $14.7 million. And so economy. Akaka Cochran Inhofe it continued, escalating every year, The chairman argues that the bill Alexander Collins Inouye until what started as a trickle became ‘‘creates a PTO reserve fund for any Ayotte Conrad Isakson Barrasso Coons Johanns a flood in 1998, with $200.3 million in fees collected above the appropriated Baucus Corker Johnson (SD) PTO user fees diverted. All told, since amounts in a given year—so that only Begich Cornyn Kerry 1992, an estimated $886 million in fees the PTO will have access to these Bennet Crapo Kirk that were paid for the efficient and ef- fees.’’ However, with all due respect, Bingaman Durbin Klobuchar Blumenthal Enzi Kohl fective operation of the Patent and the language that the House put into Blunt Feinstein Kyl Trademark Office have been diverted the bill is not really different from pre- Boozman Franken Landrieu to other uses, according to the Intellec- vious bill language that proved ineffec- Brown (MA) Gillibrand Lautenberg Brown (OH) Graham Leahy tual Property Owners Association. tive to prevent diversion. Burr Grassley Levin Meanwhile, at the same time that The 1990 law that authorized the pat- Cardin Hagan Lieberman these fees were being taken away, the ent user surcharge provided that the Carper Harkin Lugar length of time that it takes to get a surcharges ‘‘shall be credited to a sepa- Casey Heller Manchin Chambliss Hoeven McCain patent out of the Patent Office has rate account established in the Treas- Coats Hutchison McConnell steadily increased. In fiscal year 1991, ury . . .; ’’ and ‘‘shall be available only

VerDate Mar 15 2010 05:25 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.057 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5438 CONGRESSIONAL RECORD — SENATE September 8, 2011 to the Patent and Trademark Office, to review procedure would cost $758 mil- At the same time, however, the back- the extent provided in appropriation lion to implement over that period; and log of patent applications has climbed Acts. . . .’’ the changes to the inter partes reexam- to more than 700,000. It now takes over However, notwithstanding this lan- ination procedure would cost $251 mil- three years for PTO to make a decision guage, the Congressional Budget Office lion to implement. on a patent application. This is unac- found in 2008 that $230 million had been All told, these changes would impose ceptable. While America’s inventors diverted from the surcharge account. additional duties on the PTO costing are waiting in line, their ideas are Similarly, the House changed the bill over $1 billion to implement over a 10- being stolen by other countries. before us today to ‘‘establish[] in the year period. If the PTO is not per- Through annual appropriations bills, Treasury a Patent and Trademark Fee mitted to keep the fees it needs to the Appropriations Committee has suc- Reserve Fund . . .; ’’ and ‘‘to the extent meet these obligations, patents will ceeded in forcing management reforms and in the amounts provided in appro- take even longer to be issued, and the that have slowed the growth of PTO’s priations Acts, amounts in the Fund promised improvements in patent qual- backlogs and improved employee reten- shall be made available until expended ity may prove to be ephemeral. We tion. While further accountability is only for obligation and expenditure by won’t encourage innovation; we won’t needed, the America Invents Act keeps the Office . . .’’ create new jobs. PTO on budget and on track for contin- The key language is the same—‘‘to Therefore, I urge my colleagues to ued oversight by the Appropriations the extent provided in appropriation support the amendment by the Senator Committee each year. Acts.’’ Calling it a ‘‘fund’’ rather than from Oklahoma, to support the strong Finally, the Senator’s amendment an ‘‘account’’ should not lead anyone antidiversion language that we passed could have unintended consequences. If to expect a different result. this Spring, and to end fee diversion PTO were permitted to operate on Indeed, the Senate bill that we once and for all. autopilot, the agency could face fee passed earlier this year explicitly Ms. MIKULSKI. Madam President, I revenue shortfalls and the Appropria- struck the existing statutory language, rise in opposition to the amendment to tions Committee would not be poised ‘‘To the extent and in the amounts pro- the America Invents Act offered by the to assist. The committee continually vided in advance in appropriations Acts Senator from Oklahoma. monitors the agency’s fee projections . . .’’ And the House specifically re- I, along with my fellow members of to ensure the agency can operate effec- stored that language, omitting only the Appropriations Committee, share tively. It is not widely known, but over the words ‘‘in advance.’’ The Coburn the Senator from Oklahoma’s goal of the past 6 years, PTO has actually col- amendment would restore the changes ensuring that all fees paid by inventors lected nearly $200 million less than the we made earlier this year, eliminating to the U.S. Patent and Trademark Of- appropriated levels. that language again. fice, PTO, are used only for the oper- In fact, I recently received a letter The Coburn amendment, like the ations of the PTO. The PTO fosters from the Director of the PTO inform- Senate bill, contains other key lan- American innovation and job creation ing my Subcommittee that fee esti- guage, providing that amounts in the by providing protections for ideas and mates for fiscal year 2012 have already fund it establishes ‘‘shall be available products developed by our entre- dropped by $88 million. I will ask con- for use by the Director without fiscal preneurs, businesses and academic in- sent to have this letter printed in the year limitation.’’ The bill before us stitutions. RECORD. If PTO was put on autopilot as today provides no such protection As the chairwoman of the Appropria- proposed by the Senator’s amendment, against diversion. tions Subcommittee that funds the the committee would no longer have In short, this bill will permit the con- PTO, I have worked to ensure that PTO the tools to provide the necessary fund- tinued diversion of patent fees, to the receives every dollar it collects from ing to keep our patent and trademark detriment of American inventors and inventors. But, while I share the Sen- system operating should a severe fund- innovation. ator’s goal, I oppose his amendment for ing gap occur. But don’t just take my word for this. three reasons. The PTO’s full access to fee revenue The Intellectual Property Owners As- First, the amendment is unnecessary. is critical to American innovation and sociation, which includes more than 200 It is a solution in search of a problem. job creation. I commend Chairman companies, just yesterday said: The underlying America Invents Act LEAHY for his efforts to improve the The greatest disappointment with the before the Senate today ensures that patent system and ensure that PTO House-passed patent reform bill H.R. 1249 PTO can keep and spend all of the fees funding is spent wisely and effectively. . . . is its failure to stop USPTO fee diver- collected. This legislation establishes a I support the funding provisions of the sion. The House-passed patent reform bill Patent and Trademark Fee Reserve America Invents Act and oppose the creates another USPTO account, a ‘‘reserve Fund. Any fees collected in excess of Coburn amendment. I urge my col- fund,’’ but nothing in the proposed statutory annual appropriations would be depos- language guarantees the USPTO access to leagues to do the same. the funds in this new account. The language ited into the fund, and those fees would Madam President, I ask unanimous of H.R. 1249 defers to future appropriations remain available until expended solely consent to have printed in the RECORD bills to instruct the USPTO on how to access for PTO operations. the letter to which I referred. fees in the new USPTO account. Therefore, The creation of this fund is not a new There being no objection, the mate- despite some claims to the contrary, the cre- idea. Provisions of several bills re- rial was ordered to be printed in the ation of this new account, alone, will not ported out of the Senate Appropria- RECORD, as follows: stop diversion. tions Committee in prior years allowed UNITED STATES PATENT The Innovation Alliance, a major co- PTO to keep and spend fee revenue in AND TRADEMARK OFFICE, alition of innovative companies, and excess of appropriations levels. I can Alexandria, VA, September 1, 2011. CONNECT, an organization dedicated assure my colleagues that the com- Hon. BARBARA A. MIKULSKI, to supporting San Diego technology mittee will continue to support such Chairwoman, Subcommittee on Commerce, Jus- and life science businesses, among oth- language. tice, Science, and Related Agencies, Com- ers, also believe that the House lan- mittee on Appropriations, U.S. Senate, Second, the amendment would sig- Washington, DC. guage is insufficient to prevent fee di- nificantly reduce oversight of the PTO. DEAR MADAM CHAIR: This letter provides version. The Senator from Oklahoma’s amend- you with the United States Patent and Without this protection from fee di- ment would establish a new, off-budget Trademark Office’s (USPTO) current, revised version, this bill could well make our revolving fund for PTO fees. This would fee collection estimates for fiscal year (FY) patent system worse, not better. Many put the PTO on autopilot, without the 2012, as requested in the report accom- of the changes made by this bill will oversight of an annual legislative vehi- panying H.R. 3288 (Pub. L. No. 111–117). impose additional burdens on the PTO. The President’s FY 2012 Budget supports cle to hold the agency accountable for an aggressive approach to improving oper- For example, the CBO found that the progress and wise use of taxpayer fund- ations at the Agency, reducing the patent new post-grant review procedure would ing. backlog and contributing to economic recov- cost $140 million to implement over a Since fiscal year 2004, funding for ery efforts. The fee collection estimate sub- 10-year period; the new supplemental PTO has increased by over 70 percent. mitted with the FY 2012 President’s Budget

VerDate Mar 15 2010 05:25 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.045 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5439 earlier this year was $2,706.3 million, includ- years of efforts by both Republicans bill, I move to table the amendment ing a 15% interim increase to certain patent and Democrats in this body and the and ask for the yeas and nays. user fee rates. This increase will help fund other body to pass it. Actually, this The PRESIDING OFFICER. Is there a efforts to reduce the backlog of unexamined amendment could kill the bill over a sufficient second? patent applications. Using more recent infor- mation, outcomes of events, and projections mere formality: the difference between There appears to be a sufficient sec- of demand for USPTO services, we now ex- a revolving fund and a reserve fund. ond. pect fee collections for FY 2012 to be in the We have worked out a compromise in The question is on agreeing to the $2,431.9 million to $2,727.6 million range, with good faith. The money, the fees—under motion. a working estimate of $2,618.2 million (a de- the bill as it is here—can only be spent The clerk will call the roll. crease of $88.1 million from the FY 2012 at the PTO, but the only thing is, we The legislative clerk called the roll. President’s Budget estimate). actually have a chance to take a look Mr. DURBIN. I announce that the The projected decrease is attributable to at what they are spending it on, so Senator from West Virginia (Mr. factors both internal and external to the they could not buy everybody a car or USPTO; namely, a change in strategic direc- ROCKEFELLER) is necessarily absent. tion resulting in the Office not pursuing a they could not have a gilded palace. Mr. KYL. The following Senator is cost recovery regulatory increase to Request They actually have to spend it on get- necessarily absent: the Senator from for Continued Examination fee rates (this ting through the backlog of patents. It Florida (Mr. RUBIO). was estimated to generate about $70 million will not go anywhere else. It will only The PRESIDING OFFICER (Mr. in patent application fees), the decision not go to the Patent Office. FRANKEN). Are there any other Sen- to pursue a Consumer Price Index increase to So we should not kill the bill over ators in the Chamber desiring to vote? patent statutory fees, and the decrease in de- this amendment. We should reject the The result was announced—yeas 50, mand for USPTO services as a result of proc- amendment and pass the bill. It is time essing reengineering gains from compact nays 48, as follows: for us to legislate. That is what the [Rollcall Vote No. 128 Leg.] prosecution. The USPTO bases these revi- American people elected us to do. That sions on current demand as well as discus- YEAS—50 sions with our stakeholders about expected is what they expect us to do. Let’s not kill the bill after all this work over Akaka Hagan Mikulski trends. The USPTO also reviews filing trends Baucus Harkin Murkowski in foreign patent offices, which have experi- something that will really make no dif- Bennet Hoeven Murray enced similar difficulties in estimating de- ference in the long run. So I therefore Bingaman Inouye Nelson (NE) mand. will move to table the Coburn amend- Blumenthal Johnson (SD) Nelson (FL) In closing, the USPTO would like to thank Brown (MA) Kerry Pryor ment. Brown (OH) Kohl the subcommittee for their support of the The PRESIDING OFFICER. All time Reed Leahy-Smith America Invents Act. We are Cardin Kyl Reid has not yet expired. Carper Landrieu Sanders especially grateful for the subcommittee’s Casey Lautenberg Mr. COBURN. Madam President, I Schumer support in ensuring all fees collected by the Cochran Leahy think I have reserved my time. Shaheen USPTO will be made available for the Collins Levin USPTO to use in examination and intellec- The PRESIDING OFFICER. The Sen- Coons Lieberman Shelby tual property activities supporting the fee ator from Oklahoma has reserved his Durbin Lugar Stabenow Udall (NM) paying community. time. He has 11⁄2 minutes. Franken Manchin Webb If you or your staff have any questions, Mr. COBURN. Madam President, I Gillibrand Menendez Whitehouse please contact Mr. Anthony Scardino, the will make the following points, and I Grassley Merkley USPTO’s Chief Financial Officer, at (571) 272– would ask for order before I do that. NAYS—48 9200. Thank you for your continued support The PRESIDING OFFICER. Could we Alexander DeMint McConnell of the United States Patent and Trademark please have order so the Senator from Ayotte Enzi Moran Office. Oklahoma can speak. Barrasso Feinstein Paul Sincerely, Mr. COBURN. It is true that the Begich Graham Portman DAVID J. KAPPOS, Blunt Hatch Risch Under Secretary and Director. House bill moves the money to where it Boozman Heller Roberts cannot be spent elsewhere, but there is Boxer Hutchison Sessions Identical Letters sent to: no requirement that the money be Burr Inhofe Snowe The Hon. Kay Bailey Hutchison, Ranking Cantwell Isakson Tester Member, Subcommittee on Commerce, Jus- spent in the Patent Office. There is a Chambliss Johanns Thune tice, Science and Related Agencies, written agreement between an appro- Coats Johnson (WI) Toomey Committee on Appropriations, U.S. ÷Senate, priations chairman and the Speaker Coburn Kirk Udall (CO) Conrad Klobuchar Vitter Washington, DC. that is good as long as both of them are Corker Lee Warner The Hon. Frank R. Wolf, Chairman, Sub- in their positions. This is a 7-year au- Cornyn McCain Wicker committee on Commerce, Justice, Science, thorization. It will not guarantee that Crapo McCaskill Wyden and Related Agencies, Committee on Appro- the money actually goes to the Patent priations, House of Representatives, Wash- NOT VOTING—2 ington, DC. Office. Rockefeller Rubio This bill, with this amendment in it, The Hon. Chaka Fattah, Ranking Member, The motion was agreed to. Subcommittee on Commerce, Justice, went out of the House Judiciary Com- Science and Related Agencies, Committee on mittee 32 to 3 in a strong, bipartisan The PRESIDING OFFICER. The ma- Appropriations, House of Representatives, vote. It was never voted on in the Sen- jority leader. Washington, DC. ate because the appropriators objected Mr. REID. Mr. President, we have The PRESIDING OFFICER. Who because of a technical error, which has one more vote. We will have 4 minutes yields time? been corrected in this amendment. So of debate and then a vote on final pas- The Senator from Vermont is recog- it violates no House rules, it violates sage. This is important legislation. nized. no condition and, in fact, will guar- The President’s speech is at 7 Mr. LEAHY. Madam President, I un- antee that the Patent Office has the o’clock. We will gather here at 6:30 to derstand what the Senator from Okla- funds it needs to have to put us back in proceed to the House Chamber. homa says, but the Coburn amendment the place we need to be. When the President’s speech is over, can derail and even kill this bill. So, as This bill will not be killed because we will come back here, and I will I have told the Senator, I will move to we are going to make sure the money move to proceed to the debt ceiling table in a moment. But this bill would for patents goes to the Patent Office. vote that we know is coming. If that otherwise help our recovering econ- Anybody who wants to claim that, ask motion to proceed fails, then we will be omy. It would unleash innovation and yourself what you are saying. We are through for the week as far as votes go. create jobs. not going to do the right thing because If the vote to proceed is affirmative in I have worked for years against Pat- somebody says they will not do the nature, we will be back tomorrow, and ent Office fee diversion, but I oppose right thing? We ought to do the right there will be 10 hours allowed, but we this amendment. Its formulation was thing. don’t have to use it all. already rejected by the House of Rep- I yield back the remainder of my We will have to finish this matter to- resentatives. They have made it very time. morrow. I think it is clear that I hope clear. There is no reason they will Mr. LEAHY. Madam President, be- we don’t proceed to that, but we will change. This amendment can sink cause this amendment would kill the have to see. I am here tomorrow. That

VerDate Mar 15 2010 04:10 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.046 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5440 CONGRESSIONAL RECORD — SENATE September 8, 2011 vote will start very quickly tonight, as hours than I even want to think about, a particular need for prior user rights soon as the speech is over. We will be or his family wants to think about, given the transition to a first-inventor- in recess subject to the call of the working with me, other Senators, to-file system. Chair. The vote will start quickly. Members of the House, other staff, and The House-originated bill, the Leahy- Also, I have talked to the Republican stakeholders to preserve the meaning- Smith America Invents Act, which the leader about how we are going to pro- ful reforms included in the America In- Senate is considering today, makes im- ceed next week. We don’t have that de- vents Act, as did Susan Davis before portant improvements to expand prior fined, but I am waiting to hear from him. Ed Pagano, my chief of staff, kept user rights beyond just methods of the Speaker, either tonight or tomor- everybody together. I also thank Bruce doing business. These improvements row, to make more definite what we Cohen, my chief counsel on the Judici- will be good for domestic manufac- need to do next week. ary Committee, who every time I turing and job creation. I agree with Again, we have one more vote after thought maybe we are not going to the chairman of the House Committee the President’s speech tonight. make it would tell me ‘‘You have to on the Judiciary that inclusion of ex- Mr. President, I move to reconsider keep going,’’ and he was right. Erica panded prior user rights is essential to the last vote. Chabot, Curtis LeGeyt, and Scott Wil- ensure that those who have invested in Mr. KERRY. I move to lay that mo- son of my Judiciary Committee staff and used a technology are provided a tion on the table. have also spent many hours working on defense against someone who later pat- The motion to lay on the table was this legislation. ents the technology. agreed to. I also commend the hard-working I understand that there is some con- The PRESIDING OFFICER. There staff of other Senators, including Joe fusion regarding the scope of the de- will now be 4 minutes of debate equally Matal, Rita Lari, Tim Molino, and fense in the bill. The phrase ‘‘commer- divided prior to the vote on passage of Matt Sandgren for their dedication to cially used the subject matter’’ is in- the measure. Who yields time? this legislation. Chairman SMITH’s tended to apply broadly, and to cover a The Senator from Vermont is recog- dedicated staff deserves thanks as well, person’s commercial use of any form of nized. including Richard Hertling, Blaine subject matter, whether embodied in a Mr. LEAHY. Mr. President, 6 months Merritt, Vishal Amin, and Kim Smith. process or embodied in a machine, ago, the Senate approved the America I would also like to thank the major- manufacture, or composition of matter Invents Act to make the first meaning- ity leader for his help in passing this that is used in a manufacturing or ful, comprehensive reforms to the Na- critical piece of legislation. other commercial process. This is im- tion’s patent system in nearly 60 years. The America Invents Act is now portant particularly where businesses Today, the Senate has come together going to be the law of the land. I thank have made substantial investments to once again, this time to send this im- all my colleagues who worked together develop these proprietary technologies. portant, job-creating legislation to the on this. And if the technology is embedded in a President to be signed into law. In March, the Senate passed its product, as soon as that product is Casting aside partisan rhetoric, and version of the America Invents Act, S. available publicly it will constitute working together in a bipartisan and 23, by a 95–5 vote. One of the key provi- prior art against any other patent or bicameral manner, Congress is sending sions of the legislation transitions the application for patent because the to President Obama the most signifi- United States patent system from a technology is inherently disclosed. cant jobs bill of this Congress. The bill first-to-invent system to a first-inven- The legislation we are considering originated 6 years ago in the House of tor-to-file system. The Senate consid- today also retains the PTO study and Representatives, when Chairman SMITH ered and rejected an amendment to report on prior user rights. I again and Mr. BERMAN introduced the first strike this provision, with 87 Senators agree with the chairman of the House patent reform proposals. voting to retain the transition. Committee on the Judiciary, that one After dozens of congressional hear- When this body first considered the important area of focus will be how we ings, markup sessions, and briefings, America Invents Act, some suggested protect those who make substantial in- and countless hours of Member and that along with the first-inventor-to- vestments in the development and staff meetings, through two Presi- file transition, the legislation should preparation of proprietary tech- dential administrations, and three Con- expand the prior user rights defense. nologies. It is my hope and expectation gresses, patent reform is finally a re- The prior user rights defense, in gen- that Congress will act quickly on any ality. eral, is important for American manu- recommendations made by the PTO. The Leahy-Smith America Invents facturers because it protects companies Section 27 of the Leahy-Smith Amer- Act is a bipartisan bill and a bipartisan that invent and use a technology, ica Invents Act requires a study by the accomplishment. This is what we in whether embodied in a process or prod- United States Patent and Trademark Washington can do for our constituents uct, but choose not to disclose the in- Office, USPTO, on effective ways to at home when we come together for the vention through the patenting process, provide independent, confirming ge- benefit of the country, the economy, and instead rely on trade secret protec- netic diagnostic test activity where and all Americans. tion. The use of trade secrets instead of gen patents and exclusive licensing for I especially thank Senator KYL for patenting may be justified in certain primary genetic diagnostic tests exist. his work in bringing this bill to the instances to avoid, for example, the I support this section, which was cham- floor of the Senate—twice—and Sen- misappropriation by third parties pioned by Ms. WASSERMAN SCHULTZ, ator GRASSLEY for his commitment to where detection of that usage may be and look forward to the USPTO’s re- making patent reform the Judiciary difficult. These companies should be port. Committee’s top priority this year. permitted to continue to practice the I want to be clear that one of the rea- Chairman SMITH, in the other body, de- invention, even if another party later sons I support section 27 is that noth- serves credit for leading the House’s invents and patents the same inven- ing in it implies that ‘‘gene patents’’ consideration of this important bill. I tion. are valid or invalid, nor that any par- look forward to working with him on In the United States, unlike in our ticular claim in any particular patent our next intellectual property pri- major trading partners, prior user is valid or invalid. In particular, this ority—combating online infringement. rights are limited to inventions on section has no bearing on the ongoing I thank the members of the Senate methods of doing or conducting busi- litigation in Association for Molecular Judiciary Committee, who worked to- ness. The Senate bill included only a Pathology v. Myriad Genetics, lll F.3d gether to get quorums and get this very limited expansion of this defense, lll, 2011 WL 3211513 (Fed. Cir. July passed. I thank them for their con- and required the Director of the Patent 29, 2011). tribution. and Trademark Office, ‘‘PTO’’, to study In Kappos v. Bilksi, lll U.S. lll, Mr. President, I acknowledge several and report to Congress on the oper- 130 S. Ct. 3218 (2010), the Court found members of my Judiciary Committee ation of prior user rights in other coun- that the fact that a limited defense to staff, specifically Aaron Cooper, who tries in the industrialized world, and business method patents existed in sits here beside me. He spent more include an analysis of whether there is title 35 undermined the argument that

VerDate Mar 15 2010 05:25 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.062 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5441 business method patents were categori- piling reasonably available informa- Finally, empirical estimates of the effects cally exempt from patentability. Spe- tion on the nature and impact of law- of patent litigation on various economic cifically, the Court held that a ‘‘con- suits brought by non-practicing enti- variables would likely be highly tenuous. clusion that business methods are not ties under title 35 on the topics out- Measures of the cost of litigation or other patentable in any circumstances would variables related to quantifying patents or lined in section 34(b). Where it deems litigation would be highly uncertain and any render § 273 [of title 35] meaningless.’’ necessary, GAO may use a smaller relationships derived would likely be highly Bilski, 130 S. Ct. at 3228. But the section sample size of litigation data to fulfill sensitive to small changes in these measures. 27 study is readily distinguishable from this obligation. GAO should simply Such relationships are likely to lead to in- the substantive prior user rights de- note any limitations on data or meth- conclusive results, or results so heavily fense codified in title 35 referenced in odology in its report. qualified that they likely would not be Bilski. A ‘‘gene patent’’ may or may I ask unanimous consent to have meaningful or helpful to the Congress. In that regard, we understand recent regulatory not be valid, and that has no impact on printed in the RECORD a letter from efforts to determine the economic and anti- the USPTO study, which mentions the Gene L. Dodaro, Comptroller General existence of gene patents issued by the competitive effects of such litigation have of the United States, detailing GAO’s not been successful. USPTO (but still subject to a validity possible limitations in complying with We appreciate your consideration of this challenge), but focuses on the effect of section 34. matter and we would be happy to work with patents and exclusive licensing of ge- There being no objection, the mate- your staff regarding potential alternatives. netic diagnostic tests, regardless of rial was ordered to be printed in the GAO could, for example, identify what is cur- whether there are relevant patents. RECORD, as follows: rently known about each of the specific ele- This study will be useful and inform- ments identified in Section 34. Managing As- UNITED STATES sociate General Counsel Susan Sawtelle, at ative for policymakers no matter how GOVERNMENT ACCOUNTABILITY OFFICE section 101 of title 35 is interpreted by (202) 512–6417 or [email protected], or Con- Washington, DC, September 7, 2011. gressional Relations Assistant Director Paul the courts. Hon. PATRICK J. LEAHY, Chairman, There has been some question about Thompson, at (202) 512–9867 or Hon. CHARLES E. GRASSLEY, Ranking Member, [email protected], may be contacted re- the scope of patents that may be sub- Committee on the Judiciary, U.S. Senate. garding these matters. ject to the transitional program for Hon. LAMAR S. SMITH, Chairman, Sincerely yours, Hon. JOHN CONYERS, Jr., Ranking Member, covered business method patents, GENE L. DODARO, which is section 18 of the Leahy-Smith Committee on the Judiciary, House of Rep- Comptroller General of the United States. America Invents Act. This provision is resentatives. Hon. JASON CHAFFETZ, Mr. LEAHY. The America Invents intended to cover only those business House of Representatives. Act is now going to be the law of the method patents intended to be used in I am writing to express our concern regard- land. I thank all my colleagues who the practice, administration, or man- ing a provision relating to GAO in H.R. 1249, worked together on this. agement of financial services or prod- the Leahy-Smith America Invents Act. Sec- The PRESIDING OFFICER. The Sen- ucts, and not to technologies common tion 34 of the bill would require GAO to con- ator from Washington is recognized. in business environments across sec- duct a study of patent litigation brought by Ms. CANTWELL. Mr. President, ris- tors and that have no particular rela- so-called non-practicing entities, that is, ing in opposition, this is not a patent tion to the financial services sector, plaintiffs who file suits for infringement of their patents but who themselves do not reform bill, this is a big corporation such as computers, communications have the capability to design, manufacture, patent giveaway that tramples on the networks, and business software. or distribute products based on those pat- rights of small inventors. It changes A financial product or service is not, ents. As the Supreme Court and Federal ‘‘first to invent’’ to ‘‘first to file,’’ however, intended to be limited solely Trade Commission have noted, an industry which means if you are a big corpora- to the operation of banks. Rather, it is of such firms has developed; the firms obtain tion and have lots of resources, you intended to have a broader industry patents not to produce and sell goods but to will get there and get the patent. definition that includes insur- obtain licensing fees from other companies. Secondly, it doesn’t keep the money The GAO study required by H.R. 1249 would ance,brokerages, mutual funds, annu- where it belongs. It belongs in the Pat- ities, andan array offinancial compa- mandate a review of: (1) the annual volume of such litigation for the last 20 years; (2) the ent Office. Yet, instead of having re- nies outside of traditional banking. number of these cases found to be without forms that will help us expedite pat- Section 34 of the Leahy-Smith Amer- merit after judicial review; (3) the impacts of ents, it is giving away the money that ica Invents Act requires a study by the such litigation on the time required to re- is needed to make this kind of innova- Government Accountability Office, solve patent claims; (4) the estimated costs tion work. GAO, on the consequences of patent in- associated with such litigation; (5) the eco- Third, the bill is full of special give- fringement lawsuits brought by non- nomic impact of such litigation on the econ- aways to particular industry corpora- practicing entities under title 35, omy; and (6) the benefit to commerce, if any, tions, as we have just witnessed with supplied by such non-practicing entities. United States Code. The legislation re- votes on the floor. quires that GAO’s study compile infor- We believe this mandate would require GAO to undertake a study involving several Fourth, by taking away the business mation on (1) the annual volume of questions for which reliable data are not patent method language, you will such litigation, (2) the number of such available and cannot be obtained. In the first make it more complicated and have cases found to be without merit, (3) the instance, the mandate would require identi- years and years of lawsuits on patents impact of such litigation on the time fication of non-practicing entities that bring that have already been issued. If this is to resolve patent claims, (4) the related patent lawsuits. While some information job creation, I have news for my col- costs, (5) the economic impact, and (6) about these entities may be obtainable, a de- leagues; in an innovation economy, it finitive list of such entities does not exist the benefit to commerce. is siding with corporate interests Following the House passage of H.R. and there is no reliable method that would allow us to identify the entire set from court against the little guy. I urge a ‘‘no’’ 1249, the Comptroller General expressed vote. concern that Section 34 may require it documents or other available databases. Moreover, quantifying the cases found to be Mr. LEAHY. Mr. President, I ask for to answer certain questions for which meritless by a court would produce a mis- the yeas and nays. the underlying data either does not leading result, because we understand most The PRESIDING OFFICER. Is there a exist, or is not reasonably available. of these lawsuits are resolved by confidential sufficient second? Where that is the case, I want to make settlement. Similarly, there is no current re- There is a sufficient second. clear my view that GAO is under no ob- liable source of information from which to The yeas and nays were ordered. ligation to include or examine informa- estimate the effects of litigation by such en- The PRESIDING OFFICER. The tion on a subject for which there is ei- tities on patent claims, litigation costs, eco- question is on the third reading and ther no existing data, or that data is nomic impacts, or benefits to commerce. passage of the bill. not reasonably obtainable. Further, Further, because GAO does not have legal The bill (H.R. 1249) was ordered to a access to these private parties, we would GAO is not required to study a quan- have to rely on voluntary production of such third reading and was read the third tity of data that it deems unreason- information, a method we believe would be time. able. unreliable under these circumstances and The PRESIDING OFFICER. The bill In my view, GAO can satisfy its re- would yield information that is not likely to having been read the third time, the quirements under section 34 by com- be comparable from entity to entity. question is, Shall the bill pass?

VerDate Mar 15 2010 04:10 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.064 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5442 CONGRESSIONAL RECORD — SENATE September 8, 2011 The clerk will call the roll. and hundreds of drug patent extension would stay within the Office to cover The assistant legislative clerk called applications have been filed since the its operating costs, rather being di- the roll. law was enacted. Four have been late. verted to fund unrelated government Mr. DURBIN. I announce that the Four. programs. I remind my colleagues of what the Senator from West Virginia (Mr. Unfortunately, the House of Rep- Wall Street Journal had to say about ROCKEFELLER) is necessarily absent. resentatives removed these important Mr. KYL. The following Senator is this provision: provisions, which were critical to se- necessarily absent: the Senator from As blunders go, this was big. The loss of curing my support for patent reform. A Florida (Mr. RUBIO). patent rights means that generic versions of modernized patent process that re- The PRESIDING OFFICER. Are there Angiomax might have been able to hit phar- stricted ‘‘fee diversion’’ would have any other Senators in the Chamber de- macies since 2010, costing the Medicines Co. spurred innovation and job creation. siring to vote? between $500 million and $1 billion in profits. If only the story ended there. Small inventors have raised concerns The result was announced—yeas 89, Instead, the Medicines Co. has mounted a about the new patent processes that nays 9, as follows: lobbying offensive to get Congress to end run the judicial system. Since 2006, the Medi- the bill sets forth, and without ade- [Rollcall Vote No. 129 Leg.] quate protections against fee diversion, YEAS—89 cines Co. has wrangled bill after bill onto the floor of Congress that would change the rules I am unable to support this bill. Addi- Akaka Gillibrand Moran retroactively or give the Patent Office direc- tionally, I have concerns about House Alexander Graham Murkowski tor discretion to accept late filings. One language that resolves certain legal Ayotte Grassley Murray version was so overtly drawn as an earmark Barrasso Hagan Nelson (NE) issues for a limited group of patent Baucus Harkin Nelson (FL) that it specified a $65 million penalty for late holders. I support the underlying goals Begich Hatch Portman filing for ‘‘a patent term extension . . . for a of this bill, but for the aforementioned Bennet Heller drug intended for use in humans that is in Pryor reasons, I would have voted ‘‘nay’’ on Bingaman Hoeven Reed the anticoagulant class of drugs.’’ Blumenthal Hutchison Reid . . . no one would pretend the impetus for H.R. 1249 had I been present. Blunt Inhofe Risch this measure isn’t an insider favor to save Boozman Inouye Had I been present for the rollcall Roberts $214 million for a Washington law firm and Brown (MA) Isakson Sanders vote on S.J. Res. 25, I would have voted Brown (OH) Johanns perhaps more for the Medicines Co. There Schumer ‘‘yea.’’ I strongly disapprove of the Burr Johnson (SD) was never a problem to fix here. In a 2006 Sessions Cardin Kerry House Judiciary hearing, the Patent Office surge in Federal spending that has Carper Kirk Shaheen noted that of 700 patent applications since pushed our national debt to $14.7 tril- Shelby Casey Klobuchar 1984, only four had missed the 60-day dead- lion, and firmly believe that Congress Chambliss Kohl Snowe Stabenow line. No wonder critics are calling it the Dog must cut spending immediately and Coats Kyl Ate My Homework Act. Cochran Landrieu Tester send a strict constitutional balanced Collins Lautenberg Thune This bailout provision was not in- budget amendment to the States for Conrad Leahy Toomey cluded in the Senate-passed Patent bill ratification. We must also give job cre- Coons Levin Udall (CO) Corker Lieberman Udall (NM) earlier this year. It was added by the ators the certainty they need to hire Cornyn Lugar Vitter House of Representatives. The provi- new workers and expand operations, Crapo Manchin Warner sion should have been stripped by the growing the economy and increasing Durbin McConnell Webb Senate earlier today. The fact that it revenue in the process. Instead of pre- Enzi Menendez Whitehouse Feinstein Merkley Wicker wasn’t required me to vote against tending that more debt-financed spend- Franken Mikulski Wyden final passage. ing will create prosperity, Congress ∑ Mr. RUBIO. Mr. President, due to NAYS—9 should take job-destroying tax hikes health concerns of my mother, I was off the table, overhaul our burdensome Boxer DeMint McCain Cantwell Johnson (WI) McCaskill absent for the motion to table amend- regulatory system, and immediately Coburn Lee Paul ment No. 599 offered by Senator pass the pending free trade agreements COBURN to H.R. 1249, the America In- NOT VOTING—2 with South Korea, Colombia, and Pan- vents Act, final passage of H.R. 1249, ama.∑ Rockefeller Rubio and on S.J. Res. 25. The bill (H.R. 1249) was passed. Had I been present for the motion to Mr. BENNET. Mr. President, I rise to explain my vote on one amendment Mr. MCCAIN. Mr. President, today I table amendment No. 599 offered by today. But I would first like to com- voted against passage of the patent re- Senator COBURN to H.R. 1249, I would form bill because it contained an egre- have opposed the motion in support of mend Chairman LEAHY for his long gious example of corporate welfare and the underlying amendment, and would years of work on patent reform, which blatant earmarking. Unfortunately, have voted ‘‘nay’’ on final passage of culminated in final passage this this special interest provision was de- the America Invents Act. H.R. 1249 is evening of the America Invents Act. I signed to benefit a single interest and significantly different than the origi- proudly supported this legislation, and was tucked into what was otherwise a nal Senate bill that I supported, and I am sure it’s gratifying for the senior worthwhile patent reform bill. As I will ultimately not accomplish the Senator from Vermont that the Senate noted earlier today when I spoke in goal of modernizing the patent process overwhelmingly voted to send this bill support of the amendment offered by in the United States in the most effec- to the President’s desk. my colleague from Alabama, Senator tive manner. But like most bills that the Senate SESSIONS, needed reform of our patent The patent process in our country is considers, this legislation is not per- laws should not be diminished nor im- painfully slow and inefficient. It takes fect, as I know the chairman himself paired by inclusion of the shameless years from the time an invention is has said. There is one major way that special interest provision, dubbed ‘‘The submitted to the Patent and Trade Of- the bill we approved today could have Dog Ate My Homework Act’’ that bene- fice, PTO, to the time that the patent been improved, and that is if we had re- fits a single drug manufacturer, Medi- is granted and the holder of the patent tained language in the original Senate cines & Company, to excuse their fail- gains legal rights to their invention. bill that guaranteed that the U.S. Pat- ure to follow the drug patent laws on Currently, there are over 700,000 pat- ent and Trademark Office would be the books for over 20 years. ents waiting for their first review by able to maintain an independent fund- Again, as I said earlier today, patent the PTO. I supported the original Sen- ing stream. For that reason, I com- holders who wish to file an extension of ate bill, S.23, which would have ensured mend Senator COBURN for his effort to their patent have a 60-day window to that the PTO was properly funded, re- amend the bill to revert back to that make the routine application. There is ducing the time between the filing of a better funding mechanism. For years, no ambiguity in this timeframe. In patent and the granting of the same. we have asked the PTO to do more fact, there is no reason to wait until This bill, which passed the Senate by a than its funding levels have allowed it the last day. A patent holder can file 95–5 margin on March 8, 2011, included to do well. And while the bill we passed an extension application anytime with- critical provisions that would have en- today takes important steps towards in the 60-day period. Indeed, hundreds sured that user fees paid to the PTO committing more resources to

VerDate Mar 15 2010 05:36 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.067 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5443 the PTO, I did prefer the independent strangers joined together to fill the privacy and trample on our Constitu- funding stream approach. streets despite their differences. They tion in the name of security and free- Senator COBURN’s amendment may poured out their support. They rede- dom. Measures such as the PATRIOT have been the better approach, but I fined the United States of America. I Act, which I have consistently opposed, voted to table the amendment because knew then that this great Nation forfeit some basic freedoms. Some law- it could well have permanently sunk would overcome. Events that unite us makers aren’t stopping there. this enormously important legislation. will always make us stronger. I was re- In the House, a bill called the Na- Sending the bill back to the House minded of that on May 2, when Navy tional Security and Federal Lands Pro- with new language that the House has SEALs found and brought swift justice tection Act would allow the Depart- rejected and says it would reject again to Osama bin Laden, prompting sponta- ment of Homeland Security to waive would have, at best, substantially de- neous celebrations across Montana and laws and seize control of public lands layed the reform effort and, at worst, the rest of the country. within 100 miles of the border, even if stymied the bill just when we were We must never lose sight of our abil- that means closing off grazing lands, reaching the finish line. And this bill is ity to find common ground and work shuttering national parks, and tram- important it can help our economy at a together on major issues that affect us pling on the rights of private land own- critical juncture and can even result in all. We have much more in common ers. That would have an enormous im- my state of Colorado getting a satellite than not, and we should never forget pact on the whole of Montana. If bad PTO office, which would be a major that. It is what built this country. It is bills such as that are turned into law, jobs and economic driver. I also worked what made this the best Nation on America loses. with colleagues on both sides of the Earth, and we need to summon that Our Constitution is a powerful docu- aisle to include important provisions spirit again as we work to rebuild our ment, and terrorists want nothing that will help small businesses. None of economy. more than to watch our rights crumble this would have been possible if we Over the past decade, we have been away by the weight of our own policies. reminded of some powerful truths that amended the bill at this late stage. We can, and we will, remain strong. we can never afford to lose sight of. We I remain committed to working with But we must do it with respect to our can never take the security of this colleagues in the coming months and rights and freedoms. country for granted. There are and, years to make sure that PTO gets the Today, as on Sunday, my prayers are sadly, always will be people out there resources it needs to do the job that with those Americans who have died at bent on destroying what America Congress has asked it to do. the hands of terrorists on and since 9/11 stands for, taking innocent lives with Mr. REID. Mr. President, I move to and for the tens of thousands of troops them. They are always looking for the reconsider the vote by which the bill still on the frontlines in Afghanistan weakest links in our security. They are was passed, and I also move to lay that and elsewhere and for the families of trained and well financed. But our Na- motion on the table. thousands of American troops who tion’s troops, our intelligence agents, have died in service to this country The motion to lay on the table was our law enforcement and border secu- agreed to. since that terrible day. rity officers are even better trained. My wife Charlotte and I stand with f I am particularly concerned about all Montanans in saying thank you to weaknesses along the Montana north- MORNING BUSINESS the members of our military, present ern border with Canada. Up until re- Mr. REID. Mr. President, I ask unan- and past, especially those who have cently, only a few orange cones in the come home with injuries, seen and un- imous consent that the Senate proceed middle of a road protected the country seen. This Nation will never forget to morning business until 6:10 p.m. from terrorism. Unfortunately, the today and that Senators, during that your sacrifices. days when orange cones did the trick Ms. MURKOWSKI. Mr. President, period of time, be permitted to speak are behind us. many of us remember exactly where we up to 10 minutes each. I have worked on the Homeland Secu- were on the morning of September 11, The PRESIDING OFFICER. Without rity Committee to improve this Na- 2001. We will never forget the footage objection, it is so ordered. tion’s security, and things are better from New York as the towers fell, from than they were a decade ago. We are f the Pentagon as fire raged, and from still working to achieve the right mix PROVIDING FOR RECESS SUBJECT of people, technology, and know-how to Pennsylvania, where United flight 93 TO THE CALL OF THE CHAIR secure the northern border. was grounded in a field. We questioned who would do this, if another attack Mr. REID. I ask unanimous consent We have also been reminded that America’s military can achieve any- was coming, and if we were safe in our that upon the conclusion of the joint own country anymore. The tragedy suf- session, the Senate stand in recess, thing asked of it. This comes with a cost. Similar to so many folks of the fered by our nation on that day left us subject to the call of the Chair. with important lessons to learn, im- The PRESIDING OFFICER. Without greatest generation after Pearl Harbor day, hundreds of Montanans signed up provements to make, and a renewed objection, it is so ordered. sense of urgency towards the future of The Senator from Montana. to defend our country after 9/11. I stand in deep appreciation for the men and our society and national security. f women who, in those dark hours, stood On that Tuesday morning, we were victims of a terrible attack that killed REMEMBERING 9/11 for our country. I thank them and their families for their service, their sac- 2,961 American citizens, destroyed $15 Mr. TESTER. Mr. President, on Sun- rifice, and their patriotism. billion of property, and launched us day, this Nation will pause to remem- In the years since 9/11, American into a battle we continue to fight. The ber a painful day in American history. forces have paid a tremendous price in actions of the terrorists also sparked On September 11, 2001, I was glued to Iraq and Afghanistan in lives and live- the spirit of a nation united. It left us the radio in my pickup on a long drive lihoods. Until only a few years ago, with a resolve to regroup, rebuild and back home to Big Sandy. It wasn’t veterans had to fight another battle at recover while renewing our country’s until I stopped at a Billings restaurant home trying to get access to the bene- reputation as a world leader and sym- that I finally saw on TV what I had fits they were promised. Too many vet- bol of freedom. heard about all day. The pictures were erans are still fighting for adequate The impacts of 9/11 were not lost on surreal. funding and access to quality health Alaskans. Although thousands of miles Although the attacks of 9/11 weren’t care services that they have earned. As away at the moment of attack, Alas- America’s first test of uncertainty, all one veteran said, ‘‘The day this Nation kans sprung into action to help their of us knew this Nation would change stops taking care of her veterans is the countrymen in any way possible. Some forever. day this Nation should stop creating deployed to Ground Zero, some spon- In the hours and days and weeks fol- them.’’ I couldn’t agree more. sored fundraisers or blood drives, and lowing the attacks of September 11, Montanans are reminded that some some to this day are serving their 2001, Americans, neighbors, and perfect out there are still willing to invade our country in the ongoing operations in

VerDate Mar 15 2010 04:10 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.084 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5444 CONGRESSIONAL RECORD — SENATE September 8, 2011 Afghanistan, Iraq and around the nomic and social mobility, enjoyed the tion’s most pressing battles—pro- world. freedoms of press, speech and religion, tecting our neighborhoods, our commu- Today, we pay homage to our fallen and embraced the ups and downs of en- nities, and responding fearlessly when heroes. On Sunday, I will join my fel- trepreneurship, risk-taking and inno- tragedy strikes. And it is around this low Alaskans in honoring those coura- vation. Unleashing the power of the in- time every year that we particularly geous first responders at the 2011 Alas- dividual has served as a catalyst for remember their bravery in responding ka Fallen Firefighter Memorial Cere- economic growth and prosperity for the to one of the most horrific tragedies of mony and 9/11 Remembrance in An- last 235 years. all. chorage. We will remember firefighters Along the way, the United States The best way to honor our first re- and other first responders who gave evolved as an economic, cultural and sponders is to make sure we are giving their lives on September 11, 2001 and military leader in the world. The 9/11 them the tools they need to be success- since then. To them, emergency re- terror attacks dealt a devastating blow ful, to be safe and to do their job in a sponse was far more than a job—it was to America and all of humanity. And way that does not expose them to need- a vocation they felt was worth risking yet, 10 years later, America still stands less dangers. Right now, it is unimagi- their lives in the face of incredible dan- as the shining city on the hill. Despite nable, but we are not doing that. When ger. the economic downturn, America still it comes to public safety communica- I urge Alaskans to join with all bears the promise of better days ahead. tions, these everyday heroes don’t have Americans across the country to serve Despite high unemployment and un- the networks they need and depend on. their neighbors and communities on precedented public debt, the American Too often first responders lack the what Congress has deemed Patriot dream still serves as the magical elixir interoperable networks that are essen- Day. that ultimately defines the Nation’s re- tial to providing an effective response Mr. GRASSLEY. Mr. President, our siliency and bone-deep belief in the in emergencies. They lack the ability Nation will soon observe and reflect on goodness of America. to communicate with one another, the 10th anniversary of the terrorist That bone-deep belief in the goodness with other agencies and across dif- attacks on September 11, 2001. of America flows through the veins of ferent city and state lines. This ham- A decade after vicious terrorist at- those called to serve their country in pers our ability to respond to crisis. tacks killed thousands of innocent peo- the U.S. military, including one of Whether that crisis is a terrorist at- ple and caused immeasurable grief to Iowa’s own hometown heroes who lost tack or natural disaster, it puts lives victims and survivors, America has his life in the line of duty this summer. in unnecessary danger. shown the world that 9/11 may have Jon Tumilson enlisted in the Navy Shouldn’t a firefighter be able to changed life as we knew it, but it has after graduating from high school in wirelessly download a floor plan of a not changed America’s commitment to 1995. A 35-year-old Navy SEAL from burning building before running into freedom, liberty and the pursuit of hap- Rockford, he was one of 30 Americans it? Shouldn’t a police officer be able to piness. killed in one of the deadliest attacks receive an immediate digital snapshot The national tragedy tapped an over- on U.S. forces since 9/11. My wife and I of a dangerous criminal? And shouldn’t whelming sense of solidarity and sac- were able to pay our respects to this an emergency medical technician be rifice among Americans from across fallen Navy SEAL at his funeral in Au- able to receive life-saving medical in- the country. Consider the selfless acts gust. The long-time Iowa Hawkeye formation on a patient following an ac- of courage and patriotism from the mo- football and wrestling fan left behind cident? If the average American trav- ment the hijackers commandeered family members and loved ones, includ- eler is able to wirelessly pull up a map three airplanes on that clear Sep- ing his beloved Labrador retriever to route a summer road trip why tember morning 10 years ago: from the named Hawkeye. The black lab led shouldn’t our first responders be able passengers aboard United flight 93, to family members into the school gym- to utilize the same type of technology the first responders who reported to nasium for the service and proceeded to to save lives? the World Trade Center and the Pen- lie next to the casket of his owner. Far too much time has passed for tagon, and the heroes who serve on the They say a picture is worth a 1,000 Congress to not act. That is why I have front lines from within the Nation’s words. The image of Tumilson’s dog been working, side by side with the military and from behind-the-scenes in lying next to the flag-draped casket Commerce Committee’s ranking mem- our intelligence and counterterrorism brought three words to mind; loyalty, ber, Senator KAY BAILEY HUTCHISON, to operations. loss and love. pass S. 911, the Public Safety Spectrum Thanks to the allegiance of public I honor the memory of the many and Wireless Innovation Act. This bi- servants and private citizens, our men Iowans who’ve died in military service partisan legislation would implement a and women in uniform and our cap- since 9/11, and all the soldiers and vet- nationwide, interoperable wireless tains of commerce and industry, the erans who have served their country to broadband communications network United States of America continues to protect U.S. national security and pre- for our first responders. serve as a beacon of hope, freedom and serve our American way of life. It would set aside the 10 megahertz of opportunity to the rest of the world. May their sacrifice remind us of their spectrum known as the ‘‘D-block’’ for Those who sought to undermine the bone-deep belief in America’s goodness. public safety to support the network exceptionalism of the American people We must keep their legacy and love of and help foster communications for our underestimated the resiliency of the country close to mind as we work to first responders across the country. American people. put America back on the right track It would also give the Federal Com- Consider the recent protests across towards economic growth and pros- munications Commission the authority the globe, where after decades of op- perity. to hold incentive auctions based on the pression, the people of Tunisia, Egypt (At the request of Mr. REID, the fol- voluntary return of spectrum. These and Libya have thrown out autocratic lowing statement was ordered to be auctions, in turn, will provide funding regimes in the pursuit of self-govern- printed in the RECORD.) to support the construction and main- ment, economic opportunity, higher ∑ Mr. ROCKEFELLER. Sunday is Sep- tenance of a public safety network and standards of living and personal free- tember 11. It will be 10 years after will free up additional spectrum for in- doms. The 10th anniversary of 9/11 of- thousands perished in the worst ter- novative commercial uses. In an indus- fers Americans and our friends around rorist attack the United States has try that has created 420,000 new jobs the world the opportunity to embrace ever seen. It was a day America lost fa- over the past decade, this bill is crucial the common threads that tie us to- thers, mothers, sisters and brothers, to that continued growth. gether. and it was a day we will never forget. In short, this bill marries much need- For more than two centuries, the With that historic date approaching, ed resources for first responders with United States has attracted millions of I think that it is imperative that we smart commercial spectrum policy. It newcomers to live and work in the land honor the tremendous bravery of our can keep us safe—and help grow our of opportunity. Generations of Ameri- public safety officials. Every day they economy. That is why this legislation cans have scaled the ladder of eco- are on the front lines in one of our Na- has the support of every major public

VerDate Mar 15 2010 04:10 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.048 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5445 safety organization across the country We also honor our brave service men Our current system allows hackers, including in my State of West Virginia. and women who have taken the fight to spies, and terrorists to gain access to It is also why this bill has strong sup- the terrorists on foreign soil. We must classified and other vital information. port from governors and mayors across never forget our country’s solemn obli- Today’s cyber criminals, armed with the country and why we have the sup- gation to our service men and women, the right tools, can steal our identities, port of our President and the adminis- our veterans, and their families. corrupt our financial networks, and tration. There is no question that 9/11 and the disrupt government operations. Tack- This week, as we come together as a days that followed were difficult ones. ling cybersecurity in a meaningful way nation to remember and honor the But they were also among our proudest will fill one of the last holes that exist lives lost on 9/11, I also urge my col- ones. It brought out the best of the in our national security regime. leagues to support the Public Safety American spirit. Men and women wait- As our government moves to extin- Spectrum and Wireless Innovation Act. ed in lines for hours to give blood, chil- guish the remnant of al-Qaida and ad- And to those who say we cannot afford dren donated their savings to help with dress new threats, we must strive to to do this now, I say we cannot afford relief efforts, communities sponsored maintain a careful balance between not to. Because this effort is about sav- clothing drives, and different faith protecting our Nation and protecting ing lives. But if this reason is not com- groups held interfaith services. our civil liberties. Commemorating 9/11 pelling enough, it is important to know On 9/11 and in the days and months should remind us of what makes us this: this legislation pays for itself. Ac- that followed, Americans stood to- unique as a nation. Our country’s cording to the nonpartisan Congres- gether. Our response showed the world strength lies in its diversity and our sional Budget Office and even the in- that Americans have an unquenchable ability to have strongly held beliefs dustry itself, incentive auctions will love of freedom and democracy. It and differences of opinion, while being bring in revenue well above what fund- showed American resilience, vigilance, able to speak freely and not fear that ing public safety requires, leaving bil- and resolve. we will be discriminated against by our Much has changed since that day in lions over for deficit reduction. This is government or our fellow citizens. September. The 9/11 attacks propelled After the 9/11 attacks, I went back to a win-win-win. In closing, let me say that we have a our Nation into a new kind of warfare, my congressional district and made once-in-a-generation opportunity to unlike any war we have ever fought. three visits as a Congressman. First, I provide our public safety officials with They exposed the scope, depth, and visited a synagogue and we prayed to- utter ruthlessness of the al-Qaida net- gether. Then, I visited a mosque and we the spectrum they need to commu- work. And the attacks revealed gaps in prayed together. Finally, I visited a nicate when tragedy strikes. And with our national security. Evolving threats church and we prayed together. On voluntary incentive auctions we can required new tools. that day in September, Americans pair this with funding. I am proud of how far we have come Let’s seize this moment. This is not banded together, regardless of our per- in addressing the challenge presented Republican, this is not Democrat. It is sonal belief or religion. by al-Qaida or other terrorist organiza- My message that day was clear: we quite simply the right thing to do. tions. While our security networks are needed to condemn the terrorist at- Let’s do something historic—together.∑ far from perfect, in the decade since tacks and to take all necessary meas- Mr. CARDIN. Mr. President, today I the 9/11 attacks, we created the Depart- ures to eliminate safe havens for ter- join my colleagues in commemorating ment of Homeland Security to stream- rorists and bring them to justice. But the 10th anniversary of September 11, line and better integrate the Federal my other message that day was equally 2001. I remember that morning so viv- departments and agencies responsible important: we cannot allow the events idly. It was stunningly clear and beau- for protecting us. U.S. intelligence and of 9/11 to make us demonize a par- tiful with a crispness in the air that law enforcement at all levels have be- ticular religion, nationality, creed, or hinted that fall was just around the come much more aggressive in pur- community. In these trying times, we corner. And then, with a sudden feroc- suing terrorist threats at home and cannot let our society succumb to the ity, the airliners crashed into the abroad. These measures have been temptation to scapegoat one group. World Trade Center, WTC, the Pen- largely successful. We did it before—with the Palmer tagon, and Somerset County, PA. Bare- And let us remember arguably our Raids following World War I, the in- ly 2 hours elapsed between the first hi- greatest success against al-Qaida: ternment of 120,000 Japanese-American jacking and the collapse of the North President Obama’s bold stroke to bring citizens during World War II, and the Tower of the WTC, 2 horrific hours that Osama bin Laden to justice. The raid McCarthy-era witch hunts. These were forever changed our Nation and the was the result of painstaking intel- shameful events of our history. We world. ligence gathering and analysis and must strive to live up to our Nation’s We mourn the lives that were lost in thorough planning, and it was a re- highest ideals and protect our precious New York City, here in the Washington markable display of our Special Forces civil liberties, even when doing so is metropolitan area, and in Pennsyl- capabilities and the extraordinary her- difficult or unpopular. We must always vania. The emotional trauma of those oism of our men and women in uni- remember how we stood united on 9/11 losses affected each and every Amer- form. and showed the world the depth of our ican. Millions of us remained glued to The end of al-Qaida is in sight. Their commitment to ‘‘E Pluribus Unum.’’ our TV sets, watching unbearable im- future is bleak. They have far less glob- Out of many, one. ages of death and destruction. al impact than they used to. They cling Our many faiths, origins, and appear- We remember the 3,000 people who to an outdated and empty ideology, ances should bind us together, not perished on 9/11. The attacks spared no with little mainstream influence in the break us apart. They should be a one: Blacks, Whites, Christians, Jews, Muslim world. Indeed, the recent Arab source of strength and enlightenment, and Muslims; the young and old; par- Spring demonstrates that people in not discord and enmity. All of us be- ents, children, siblings; Americans and Middle Eastern countries—especially long to smaller communities within foreigners—all these and more were young people—are more interested in the larger community we call the among the victims. The attack was not freedom and democracy than in being United States. Each community has an on one ethnic group, but on a way of susceptible to al-Qaida’s repressive ide- obligation to the larger community to life. It was an attack on our freedom ology. promote the safety and well-being of and our dedication to its preservation. Even as al-Qaida becomes more and each and every one of us. There is a We honor the selfless actions of our more marginalized, evolving state- and mutual self-interest in preserving and first responders, including firefighters, nonstate-sponsored threats to our Na- nurturing our freedom. police, paramedics, and other emer- tion’s security persist. One of our September 11, 2001, was a dark day. gency and medical personnel, all of greatest challenges will be securing We remember those who perished and whom did not hesitate to answer the cyberspace. The Internet has grown mourn with those who lost family and call of duty and demonstrated extraor- into one of the most remarkable inno- friends. We honor those who responded dinary bravery and courage in our vations in human history. But it car- and those who fought and continue to hours of need. ries risks. fight to keep us safe.

VerDate Mar 15 2010 04:10 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.021 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5446 CONGRESSIONAL RECORD — SENATE September 8, 2011 Archibald MacLeish wrote, ‘‘There ing part of our national history.’’ How- Texas with no rain whatsoever. The are those who will say that the libera- ever, because of their status, they were drought is killing livestock. It is kill- tion of humanity, the freedom of man forced to cope with their pain and sad- ing land. It is a sad situation. What has and mind, is nothing but a dream. They ness in isolation, afraid to seek assist- happened, of course, is, from that, the are right. It is the American dream.’’ 9/ ance or to offer their help for fear of wildfires have been able to go farther 11 was a nightmare. As horrific and being found out. Our Nation cannot than we have ever seen in Texas before. cruel as it was, however, it can’t extin- help but feel a deep connection and Just in the past 7 days, the Texas guish the dream. commitment to this group. Forest Service has responded to 176 f Debra has worked tirelessly to assure fires, destroying nearly 130,000 acres. that we live up to this commitment This year alone, over 2,000 fires have TRIBUTE TO DEBRA BROWN and to enable these victims to partici- burned more than 2 million acres in STEINBERG pate in rebuilding after the attacks. Texas. We have high winds and drought Mr. LIEBERMAN. Mr. President, the With her guidance, 11 of these spouses conditions, which are a terrible com- attacks of September 11, 2001, certainly and children of innocent victims of the bination in this instance. had a profound impact on all Ameri- attacks have provided assistance to the Yesterday, the Texas Forest Service cans. In addition to the sadness, anger, Federal Government in its 9/11 related responded to 20 new fires, which con- fear, and, ultimately, resolve, we all investigations and prosecutions. Debra sumed nearly 1,500 more acres. One of felt in the aftermath of the attacks, also successfully represented these the hardest hit areas is Bastrop Coun- many were also infused with a renewed families before the Victim Compensa- ty, which is near Austin. I was talking sense of patriotism and fellowship that tion Fund to ensure that they received to some of my constituents in Houston, inspired them to engage in public and equal consideration. Finally, she has which is not near Austin, and they community service. As we approach fought doggedly to ensure that these were talking about seeing and smelling the tenth anniversary of this terrible families can continue to work and live the smoke in Houston from these fires tragedy, I would like to honor one indi- in the United States. Due in great part in Bastrop. vidual who answered the call to serv- to her work, these family members An assessment has been completed as ice, and who has done so much to help have so far been able to stay in the of now that says 785 homes were com- victims of the attack, Debra Brown United States and their cases are now pletely destroyed, 238 homes have been Steinberg. being considered for a temporary visa reported lost as a result of other fires Debra was in New York City on Sep- that would allow them to live and work over the past 3 days, and the fires are tember 11, and from her apartment she legally in the United States. Let us all so big that they are being photo- could see the smoke pouring out from hope that DHS is able to quickly con- graphed from space. the World Trade Center. As she des- duct its review so that these families Senator CORNYN and I have asked the perately waited for news about her can leave the shadows and rebuild their President to add the recent wildfires stepson, she made an agreement with lives. from just this last week to his previous God: if her stepson would come home Over the years, my office has had the disaster declaration from this spring, safely, she would work to help the vic- privilege of assisting Debra in her ef- which did include wildfires. I want the tims of the attack. Thankfully, her forts, and I have witnessed firsthand people of Texas to know that Senator stepson did come home safely, and her dedication to assisting the families CORNYN and I are working together to Debra has more than fulfilled her of 9/11 victims. Those she has rep- get all the Federal help they need. I promise. resented are certainly lucky to have have been in contact with the State Utilizing her sharp legal acumen and had her on their side. Given all that representatives from the area, the more than 30 years of professional ex- Debra has done, it’s no wonder that the mayors, and the county judges to get perience, Debra has become a pas- American Bar Association honored her the reports. So far they feel they have sionate advocate for the families of with the prestigious Pro Bono Publico gotten the help they have needed. But those who perished in the 9/11 attacks. award in 2006. She has also received the now, in the aftermath, we will need to A partner in the respected New York 9/11 Tribute Center Award in 2009 and be part of any kind of disaster bill that firm Cadwalader, Wickersham & Taft the Ellis Island Medal of Honor in 2007. goes through this Senate or is declared LLP, Debra was integral in putting to- Her work has also been recognized sev- by the President. gether a consortium of law firms that eral times by my colleagues here in the It is my hope we can work through have worked together to deliver pro Senate, as well as in the U.S. House of that next week and make sure we in- bono services to 9/11 families. Representatives and the New York clude these most recent fires along Early on, Debra realized that, if her State Legislature. with the flood disaster relief that sup- firm was going to give victims the as- Mr. President, I commend Debra posedly will come to the floor next sistance they truly needed, they would Brown Steinberg for her commitment week. So we are going to work on it have to do more than simply offer free to assisting families of 9/11 victims. and try to help these people. We can’t legal advice. Under her direction, the Her efforts truly personify the Amer- replace the graduation pictures and the consortium has taken a holistic ap- ican values of fairness and patriotism. wedding pictures and the children’s proach toward assisting the families; The U.S. Senate, and the American pictures that are lost. This is the not just offering counsel, but also seek- People, owe her our sincerest grati- human loss you see in this type of a ing to ensure they receive the services tude. situation. But we can certainly help they need, and lobbying lawmakers and I yield the floor. these people rebuild, and that is what regulators to ensure that all victims The PRESIDING OFFICER. The Sen- we want to do. have access to the Victim Compensa- ator from Texas. We are going to be on the job trying tion Fund. Debra has also represented f to help in every way we can, knowing many victims’ families, pro bono, be- there will not be a 100-percent replace- TEXAS WILDFIRES fore the fund to ensure that they are ment because the photographs and the fairly compensated. Mrs. HUTCHISON. Mr. President, I personal items and grandmother’s wed- Perhaps Debra’s most amazing work rise in morning business to talk about ding ring may not be recovered, but we has been her advocacy on behalf of a situation in Texas, the wildfires and are going to do what we can, as Ameri- some of the most vulnerable victims of the drought. cans always do. the attacks: immigrants who were in Since we were mostly home during I yield the floor. the country illegally when their rel- the August recess, I saw the floods in The PRESIDING OFFICER. The Sen- atives were killed during the attacks the Midwest and on the Missouri and ator from Illinois. on the World Trade Center. These indi- Mississippi Rivers. I saw the hurricane f viduals, as the U.S. Department of that hit New York and all along the Homeland Security has put it, ‘‘share East Coast. At the same time, with all VOTING RIGHTS with all Americans a moment of loss the extra water in the East, we have Mr. DURBIN. Mr. President, this and pain and pride that is now a defin- had as much as 60 days in parts of afternoon, we held a hearing in the

VerDate Mar 15 2010 04:10 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.069 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5447 Constitutional Subcommittee on the quired by law; more than one-third of Special Assistant to the President. I Senate Judiciary Committee on new young people don’t have an ID. Par- am going to miss working with her, as voting laws that are being passed in ticularly among African Americans everyone on my staff will. Fortunately, many States. It was one of the first under the age of 24, 70 percent do not we are going to see her often on Capitol hearings on Capitol Hill on the subject, have the ID necessary to vote in Wis- Hill in her new job, representing the and I thank you very much for attend- consin. So, you say, they have their President of the United States. ing as a member of the subcommittee. chance. The election will not be until A little about her background will We had an array of witnesses, start- next year, they have plenty of time. explain how Anne came to the Senate. ing with Members of the Senate and It turns out that in the State of Wis- Anne grew up in Palos Heights, in the Members of the House of Representa- consin there is only one Division of south suburbs of Chicago. She is a tives, expressing various points of view Motor Vehicles Office that is open on a first-generation suburbanite. Her dad on this issue. What we discussed was weekend in the entire State. That to Michael and mom Liz both grew up on the new laws in States that are estab- me seems unconscionable and unac- the South Side of Chicago, which lishing new standards for voting in ceptable. We need to take a hard look means that Anne has the South Side in America. It is essential for us on this at this and the first stop will be the her blood. In Chicago that is note- subcommittee, with our jurisdiction Civil Rights Division of the Depart- worthy. and responsibility, to focus on this ment of Justice. However, when Anne was a kid, her issue of voting rights. They asked me after the hearing family did something that was consid- As has been said so many times, today, what are we going to do next? ered heretical. They had, as South Sid- there is no more important right in They said what we will do next is fol- ers, season tickets to the Chicago Cubs. America. The right to vote is a right low the law. The law says the Depart- That made the Walls something of an people have given their lives for. ment of Justice has to weigh each of anomaly among South Siders, and it As we look at the checkered history these changes, whether it is voter reg- probably helps explain why Anne is of the United States, we find that istration in Florida or whether it is the able to work so well across the aisle though we honor the right to vote, voter ID or the limitation on early vot- here in the Senate. from the very beginning, we have com- ing and decide whether this violates Politics was not discussed much in promised that principle. We started off the basic standards of the Voting the Wall home, but Anne developed her with requirements of property owner- Rights Act. They have 60 days to do so own interest in politics at a very early age, at every level. In the eighth grade ship. We didn’t allow women to vote for after the law is enacted. so long. African Americans were not I have spoken to the division, Civil she became the first girl ever elected given that opportunity for decades. Rights Division. It is my impression class president at St. Alexander Grade School. That same year, Anne Wall be- Over the years, we have had as many as they are going to move on this in a came the first girl in her town to serve 10 different constitutional amendments timely fashion. This is a critical issue. as ‘‘Mayor for a Day’’ of Palos Heights. focusing on extending the right to I am afraid it is way too political. The She won that honor on the strength of vote. forces behind change in virtually every an essay she wrote. When we get to the heart of a democ- State—not every one but virtually Anne attended high school at one of racy, it is about voting. That is why every State—have come from the same the most remarkable South Side insti- these new State laws are so important political side of the equation. It is not tutions, Mother McAuley—a terrific and so important for us to reflect on. lost on those of us who do this for a liv- Catholic girls school which usually Requiring a photo ID for most of us ing what is at stake here. If certain fields one of the best volleyball teams at this station in life or who are in people are denied access to the polls, in the State. Anne went to the school business, it seems like a very common discouraged to vote, and those people run by the Sisters of Mercy, where she request. We present our IDs when we turn out to be historically those voting was elected president of the student get on airplanes and in so many dif- on one side or the other, it is going to council. It was in that South Side Chi- ferent places. But for a substantial per- create not only a personal hardship but cago high school that Anne Wall start- centage of Americans, they don’t carry a distortion in the election outcome ed to go astray. While her colleagues a government-issued ID. They live and I hope we can sincerely work to- and friends in high school were reading their lives without the need of one. gether on the Judiciary Committee and Rolling Stone, Anne Wall was reading Now State laws are requiring these IDs with the Department of Justice to re- Roll Call. Anne read Roll Call, not for for people before they can vote. It solve this. its accounts of partisan fights, but be- sounds like a minor inconvenience, and f cause she wanted to know how govern- for many people it would be just that. TRIBUTE TO ANNE WALL ment works. She wanted to understand But for others, it could be more. the rules and the mechanics of Capitol If there is not a good opportunity for Mr. DURBIN. Mr. President, I want Hill. As her mom said, ‘‘Who does a person to acquire an ID without cost, to take a few minutes to thank a re- that?’’ in a fashion that doesn’t create hard- markable person on my staff who is I will tell you who: Anne did; some- ship, many people will be discouraged moving to a new job. Anne Wall of Chi- one who wanted to serve her Nation from voting. They will just think: This cago is one of my most trusted staff and understand how the government is another obstacle in the path of exer- members. She has been my Senate can be a force for good. cising my right to vote, and maybe I floor director for more than two years. She earned a bachelor’s degree from will stay home. A few C–SPAN viewers may recognize Miami of Ohio College, and went on to That is not good for a democracy. We Anne as a regular on the floor of the DePaul University Law School, where should be leaning in the other direc- Senate. Those of us who worked closely she was chosen to serve on the Law Re- tion, trying to expand the electorate, with her on both sides of the aisle view. In her final year at law school, expand the voting populous in this know she is one of the smartest, hard- Anne worked as an intern in the U.S. country, expand the voice of the voters est working, and most gracious mem- Attorney’s Office in Chicago. After law in this country, not the opposite. Many bers of the Senate community. No mat- school, she clerked for two distin- of these State laws in the seven States ter how early in the morning or late at guished jurists, Cook County Circuit that have now put in photo IDs create night, Anne Wall is always there with Court Judge Allen Goldberg and Cook significant hardships. a smile and a good answer. If an agree- County Circuit Court Judge Lynn We have a problem in Wisconsin, for ment needs to be worked out, Anne is Egan, before signing on as associate example, and I have written to the there to offer a fair and constructive counsel at a prestigious Chicago law Governor asking him to give me his solution. firm and making a few bucks. But that impression of how he will deal with Next week Anne Wall starts an excit- wasn’t where her heart was. these issues. ing new chapter in her life. My loss is In 2006, Anne Wall decided to leave One out of five people in Wisconsin the gain of a former Senator from Illi- the world of private law and its com- do not have an ID; 177,000 elderly peo- nois, President Barack Obama. Anne is fortable compensation to come to Cap- ple in Wisconsin do not have the ID re- going to the White House to work as a itol Hill. She saved up money because

VerDate Mar 15 2010 04:10 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.073 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5448 CONGRESSIONAL RECORD — SENATE September 8, 2011 she knew she was going to take a pret- for her, but we are not holding her job proud of Michael Sr. and Michael Jr.’s ty significant pay cut. Our office had for her. My new floor director is a per- incredible courage and the legacy they the good luck and good sense to hire son who has been Anne’s right-hand both have left behind. Anne, but we started her off at the bot- person for the last 21⁄2 years, Reema I ask unanimous consent that the tom of the staff ladder. She started Dodin. Reema is equally dedicated to obituary for Michael Garofano Sr. and writing constituent letters and answer- this Nation and the Senate, and I know Michael Garofano Jr. from the Rutland ing e-mails. She said whenever she she will do an outstanding job. Herald be printed in the RECORD so all questioned this career move from a In closing, I want to thank Anne per- may recognize two men whose acts of prestigious law firm to answering let- sonally for all the fine and tireless bravery will not soon be forgotten. ters in the office of a Senator, she work she has given the Senate. She There being no objection, the mate- would look at another lawyer hired at helped us make history. We hope she rial was ordered to be printed in the the same time and also writing letters will enjoy reading about this floor trib- RECORD as follows: and say: And he went to Harvard. ute in Roll Call. MICHAEL J. GAROFANO The people of Illinois were fortunate f Published in Rutland Herald from September to have talented people such as Anne REMEMBERING MICHAEL GARO- 2 to September 3, 2011 working for them. She quickly discov- FANO, SR. AND MICHAEL GARO- Michael J. Garofano, 55, of Rutland died ered the glamor of staff life on Capitol FANO, JR. Sunday afternoon, Aug. 28, 2011, with his son Hill, however. Anne’s first apartment Michael, as a tragic result of Hurricane Irene in Washington, the only one she could Mr. LEAHY. Mr. President, today I in Rutland. afford on the meager salary which I would like to pay tribute to two dedi- He was born in Rutland, Vt., on March 27, paid her, unfortunately was infested cated public servants in Vermont who 1956, the son of Patrick and Jacqueline with vermin, the roof leaked, and one passed away tragically in the floods of (Roussil) Garofano. Michael was a graduate of Rutland High night it fell in. But she didn’t want her Hurricane Irene. Both Michael Garofano Sr. and Mi- School, Class of 1974. He graduated from mom to worry so she told her she was Vermont Technical College in 1976, with an living in a wonderful place on Capitol chael Garofano Jr. were employees at Associate Degree in Water Quality. Hill. the Rutland City Water Facility in He was employed as the Water Treatment After 1 year, we promoted Anne to Rutland, VT, where they served at the and Resource Manager in the Rutland City serve as my office counsel. She quickly interest of their communities until the Department of Public Works since 1981. learned the ins and outs of the Senate very end. During the worst hours of He enjoyed his family, especially his three ethics rules, and I brought her on to Hurricane Irene in Vermont, Michael boys. He enjoyed puttering around the house and fixing things. Mike had a dry sense of counsel me on close calls on ethics de- Sr. and Michael Jr. sought to protect the people of Rutland by inspecting the humor and gave everyone a nickname. cisions. Her counsel was always valu- Surviving are his wife, Celestine ‘‘Sally’’ able and her answer was always ‘‘no.’’ I town’s water system infrastructure. In (Sitek) Garofano of Rutland; a son, Thomas knew that and expected it and I am this brave moment, both men unfortu- A. Garofano of Rutland, his parents of Rut- glad she steered me on the right path nately lost their lives as the waters of land; two brothers, Thomas and his wife so many times. Mendon Brook rose to threatening lev- Maureen of Georgia, Vt., and Patrick and his In 2008 I asked her to work for me on els. We will always remember them for wife Cindy of Daphne, Ala.; three sisters, the Senate floor and once again she ex- their everlasting courage, evident by Mary Goodchild and her husband Harvey of celled. In January of 2009 she became their extreme dedication to protecting Rutland, Lynn Helrich of Anchorage, Alaska, their family and beloved community and Stephanie Urso and her husband Frank my floor director here in the Senate. of Proctor, Vt.; mother-in-law Valeria Sitek As my right hand on the floor, Anne during a crisis. of Rutland, Vt.; sister-in-law Chris Giddings Hall helped help steer the majority Michael Sr. joined the Rutland City and her husband Fred Hellmuth of Pittsford; whip operation and the entire Senate Water Facility as its manager in 1981. and several nieces, nephews, aunts, uncles through historic changes: health care He served zealously, ensuring that the and cousins. reform, Wall Street reform, and a long water of Rutland City was safe at all He was predeceased by a son, Robert M. list of other historic endeavors. times for those living in the region. He Garofano, on April 8, 2010. Whatever the task, whatever the was also a member of the American Funeral services for Michael J. Garofano challenge, Anne Wall has always Water Works Association where he was and his son Michael G. will be held Friday, September 9, 2011, at 11 a.m. at St. Peter’s brought good humor, intelligence, and committed to benefitting not only Church in Rutland. integrity to the task. When Anne was Vermont, but also the country, in its Visiting hours for Michael J. Garofano and not winning elections or reading Roll pursuit of clean water. Michael was his son Michael G. will be held Thursday Call in high school, she played tennis. highly respected and honored by those from 3 to 7 p.m. at Clifford Funeral Home in It was one of the things she loved to who worked under his supervision. He Rutland. do. She was ranked as one of the top was known as one of the best employ- The family is intending to create a memo- high school players in the State, but ees the industry had to offer. rial fund to honor Michael and his son via not being able to play tennis regularly Michael Sr.’s son, Michael Garofano the purchase of a plaque or similar item to Jr., also had the interest of water qual- be placed at the City Reservoir. is another one of the sacrifices Anne In lieu of flowers, you may send donations made to work in the Senate. The job ity at heart. As a water operator at the payable to the Garofano Memorial Fund, c/o takes too much time. I hate to tell Rutland City Water Facility, he too Rutland City Treasurer’s Office, PO Box 969, Anne, but she won’t be able to pick up braved the elements of Hurricane Irene Rutland, VT 05702–0969. her tennis racquet again in the new job to serve his family and community. As f she is taking in the White House. an independently contracted These are challenging times for landscaper, Michael’s loyalty to his WOMEN’S EQUALITY DAY America’s families and businesses and community was widely recognized. At Mr. ENZI. Mr. President, on August we need bright, dedicated people giving a mere 24 years of age, both his accom- 26, 2011, we recognized the 40th anniver- it their all to get us through to a plishments and bravery are of honor- sary of Women’s Equality Day. It is on brighter day. Fortunately, America is able praise. this day that we celebrate the many up to that challenge, and so is Anne Michael Garofano Sr. and Jr. are sur- contributions of women in advancing Wall. I am wishing her the best of luck. vived by wife and mother, Celestine our society by fighting for equality and When Anne Wall left Chicago, her law ‘‘Sally’’—Sitek—Garofano and son and justice. This day also marked the 91st firm promised they would take her brother, Thomas Garofano of Rutland, anniversary of the 19th Amendment to back in a heartbeat if she didn’t like it Vermont. My wife Marcelle and I wish the U.S. Constitution which guaran- in Washington. They kept her office va- to express our deepest condolences to teed women the right to vote in 1920. cant for months, hoping she would re- Sally, Thomas, and Michael Sr. and Wyoming was the first in the world to turn. No such luck. We feel the same Jr.’s extended family. In the days fol- allow women to vote and own property. way in the Durbin office about losing lowing the hurricane, many acts of Wyoming adopted it in 1820. That was Anne. She is always welcome to rejoin bravery have been displayed through- 50 years before the nation adopted our staff. There will always be a place out our state. All of Vermont can be women’s suffrage.

VerDate Mar 15 2010 05:30 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.074 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5449 Wyoming has a long history of ad- moved by it. The flooding has been Helen Mauney works at Crowell’s Nursing vancing women’s rights and actually tragic, but the response has been in- Home in Blair and lives across the river in refused to become a state when the op- spiring. One shining example of this re- Mondamin, Iowa. Flooding meant that she tion was women losing their rights. siliency and compassion occurred in couldn’t get across the bridge to go home. Co-workers told her that she could find tem- Wyoming became the first State to Blair, NE. In fact, the organized and porary housing help at city hall. elect a female Governor, Nellie Tayloe dedicated response in Blair so im- ‘‘They’re wonderful people,’’ she says of Ross, just 5 years after the 19th amend- pressed officials at the Federal Emer- the ad hoc housing committee that admin- ment was ratified by the U.S. Congress. gency Management Agency and the Ne- isters Holling Hall, where she has lived for We also had the first female Justice of braska Emergency Management Agen- more than two months. ‘‘They made it as the Peace, Esther Hobart Morris and cy that on September 2, 2011, they nice as possible. I appreciate everything they did.’’ her commemoration is one of only a issued a news release about the incred- The quickly-formed Washington County few female statues displayed in the ible response efforts in Blair. It is enti- Cares Committee is now an efficient, tight- U.S. Capitol today. tled, ‘‘How the People of Blair Took knit unit that delivered on its plan to have While we are certainly proud of our Care of Their Own,’’and I ask unani- all the flood survivors relocated by the end past, I am honored to currently serve mous consent that it be printed in the of August and close Holling Hall. in Wyoming’s congressional delegation RECORD. Now the committee is transitioning into alongside U.S. Congresswoman CYNTHIA There being no objection, the mate- the Washington County Long-Term Recovery Committee, according to assistant city ad- LUMMIS who has been a remarkable rial was ordered to be printed in the ministrator Green. They are being advised leader for Wyoming as she continues RECORD, as follows: by a Federal Emergency Management Agen- the proud tradition of leadership of HOW THE PEOPLE OF BLAIR TOOK CARE OF cy Voluntary Agency Liaison. That help be- women in our state. Speaking of firsts, THEIR OWN came possible on August 12, when the presi- Congresswoman LUMMIS became the (By Paul Lomartire) dent declared a major disaster that des- youngest woman ever elected to the BLAIR, NE.—As the gritty, brown Missouri ignated Washington and eight other Ne- Wyoming State Legislature. She was River just kept rising in early June, so did braska counties eligible for Individual As- also the first woman to serve on the the will of the people in this small city sistance. Not only has the committee of eight cared Cheyenne Frontier Days Rodeo Board. northwest of Omaha. Residents of Blair’s Northview Apartments and the Longview for flood survivors’ daily needs for nearly CYNTHIA has taken on a variety of roles two months, they also were able to assist ranging from a lawyer and rancher to a Trailer Court were forced out of their homes by flooding. Blair homes along the river were with deposits or rental payments up to $500 legislator and Wyoming State treas- also flooded and the Cottonwood Marina and to help with relocation from Holling Hall. urer. Now in her role in the U.S. House Restaurant on the Missouri River was de- That money came from $30,000 in donations of Representatives, her work contin- stroyed and washed away. the committee has received. ually impresses me as she does an out- ‘‘It happened so fast, the reality of this ‘‘At the core,’’ says Aaron Barrow, a Blair standing job serving her constituents flood coming,’’ recalls Harriet Waite, direc- police lieutenant and committee member, tor of Blair’s Chamber of Commerce. ‘‘It was ‘‘there’s a really strong city government and and fighting for their interests in Con- local business community that has a very gress. like, OK, we are going to do this’.’’ What they did in this city of almost 8,000 good working relationship with the min- Without a doubt, the ratification of residents was to form a committee of eight istries. Government didn’t solve all the prob- the 19th amendment to our country’s citizens to help house and feed their neigh- lems, but a partnership between government, Constitution was a landmark in our bors who were flooded out of their homes. business and churches did solve problems.’’ need to recognize the voices of women With Washington County and the City of ‘‘This city and this county are very gen- and recognize their contributions to Blair governments creating green lights, the erous,’’ said Kristina Churchill, who is the Holling Hall Food Coordinator. ‘‘It didn’t our country. While there is no doubt committee of eight drove the rescue bus. Blair is on the banks of the Missouri River surprise me that we got help. What surprised we are a better country for offering full me was how much help we got.’’ franchise to women, it needs to be rec- across from Iowa, their eastern neighbor. When the flooding began in early June, f ognized that on Equality Day our Na- Washington County and the City of Blair tion recognizes a turning point for struck a deal to rent the 76-room Holling ADDITIONAL STATEMENTS progress and civil rights, a watershed Hall on the former Dana College campus. moment in our ongoing pursuit of lib- The cost was $5,000 monthly to the bank that erty and justice for all. owned the former Lutheran college founded BIG SKY ALL STARS Women serve as a pillar of strength in 1884, which was forced to close in 2010. ∑ Mr. BAUCUS. Mr. President, Yogi in our country. I am proud to recognize ‘‘We cared about our business community Berra once said, ‘‘I think Little League staying open,’’ explained Phil Green, Blair’s the 141st year of Wyoming women vot- assistant city administrator. ‘‘When we is wonderful. It keeps the kids out of ing and this 91st anniversary of women knew the water was coming, there was a lot the house.’’ A team of talented young gaining the right to vote and look for- going on with Cargill building levees to pro- athletes from Montana spent a lot of ward to welcoming their achievements tect their plant and levees for our water time out of the house this summer on and contributions in the years to come treatment plant to keep it from flooding. We an amazing and inspiring run all the and assuring that equality is not just a had to take care of employees in Blair way to the Little League World Series word. whether they lived here or in Iowa. Our pri- in Williamsport, PA. orities for housing at Dana were Washington f The Big Sky All Stars from Billings County residents and Washington County were the first team ever from the, workers.’’ BLAIR, NEBRASKA FLOOD State of Montana to qualify for the RESPONSE EFFORTS The committee of eight and other volun- teers took care of everything from orga- Little League World Series. I applaud Mr. JOHANNS. Mr. President, as you nizing meals at Holling Hall to maintenance, the dedication of the teams manager are aware, my home State of Nebraska cleaning and security. Those families at Gene Carlson, coaches Mark has battled devastating flood waters Holling Hall were asked to pay $150 per fam- Kieckbusch and Tom Zimmer, the throughout much of this summer. As ily unit to offset the cost of utilities. players, and their families for their Move-in at the vacant Dana College facil- often occurs during disasters, it re- success and all the miles they’ve trav- sulted in neighbors and communities ity was on the weekend of June 11–12. There were 23 adults and 11 children comprising 13 eled, making Montana so proud along coming together to help one another. families. Blair’s business community do- the way. On display in impressive fashion was nated all the supplies for Holling Hall, in- The team began their run in June the sense of determination and self-re- cluding paper products, plastic ware, clean- and July by winning district and state liance that is woven into the character ing supplies, personal hygiene items and championships back home in the Treas- of our citizens and the fabric of our more. Donated meals came from mom-and- ure State. The boys then traveled to State. I have been privileged to witness pop restaurants, national chains and local California where they won the North- the resiliency of Nebraskans many churches. The population of flood survivors at west Regional Championship which times throughout my public service as Holling Hall hit a highpoint on July 8, with qualified them for the Little League a county commissioner, mayor, Gov- 115 people made up of 83 adults and 32 chil- World Series. ernor, secretary of agriculture and dren. One-third of Dana’s temporary resi- Of the thousands of Little League now, as a U.S. Senator. I am deeply dents were from Iowa. teams that take the field across the

VerDate Mar 15 2010 04:10 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.049 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5450 CONGRESSIONAL RECORD — SENATE September 8, 2011 U.S. every season, only eight qualify supporting South Korean Special Oper- 1968. For his actions, Dr. Ross was for the Little League World Series. ations Forces. awarded the Silver Star and the Viet- Across Montana folks from Billings to After his Korea tour, Major Glover nam Cross. After being medically dis- Bigfork gathered in their communities was assigned to Fort Bragg, NC. Major charged from the military, Dr. Ross to cheer on our all-stars. The team pre- Glover deployed with his unit to Bos- went on to earn a PhD in psychology vailed in their first three games in the nia-Herzegovina in support of Oper- and taught at the University of South tournament with heart-stopping vic- ation Joint Forge. During this deploy- Carolina. He served in private practice tories before national television audi- ment he acted as forward detachment until he could no longer practice. ences. commander during the Kosovo air Dr. Ross was an incredible man who Those three wins brought them to strikes. In addition, he provided aerial made countless sacrifices for his family the U.S. Championship game on August security support at the G–8 conference and for his country and for that I 27 where they put up a commendable in Sarajevo, Bosnia, for President Clin- would like to honor him.∑ fight against the Ocean View All Stars ton and other key leaders. f from Huntington Beach, California. Following his Fort Bragg assign- RECOGNIZING DIMILLO’S The boys from Billings made their ment, he assumed command of HHC–1– FLOATING RESTAURANT home state so proud. They reached 212th Aviation Company at Fort ∑ Ms. SNOWE. Mr. President, there are their goals by exemplifying the Mon- Rucker, AL. As the company com- small businesses in cities and town tana values of grit, determination, and mander, Major Glover managed the two across America that are local land- hard work. Through great team work largest Army heliports, training over marks for a variety of reasons—wheth- and encouragement from their coaches 2,000 students and as an instructor er they serve exceptional food, create a and families, these young men exceed- pilot received his Army Senior Aviator fun atmosphere, or possess a unique Badge flying over 1,500 hours. ed expectations. character. One such small business, Upon their return to Billings the Following company command, Major DiMillo’s Floating Restaurant in team was greeted by a throng of sup- Glover became a system evaluator for Maine’s largest coastal city of Port- the procurement of new military sys- porters at the airport. The youngsters land, enjoys all of these traits, and has tem and equipment at Aberdeen Prov- were also recognized with a parade and been a community favorite since open- ing Ground, Maryland. He was then de- ceremonies at many local events this ing its doors in its current location in ployed to Iraq as an operations officer past week. I would like to join with 1982. Today I commend DiMillo’s for its of a military transition team that Montanans from across the state and remarkable achievements and deter- trained over 830 Iraqis and conducted folks around the country in congratu- mined resilience, and to highlight its lating the Big Sky All Stars on their over 100 combat missions. remarkable story. fantastic season and wishing them the After he returned from Iraq, Major DiMillo’s restaurant began serving best in the future. The lessons these Glover was selected as an Army comp- some of Portland’s favorite meals in young men learned this summer and troller and worked in the Pentagon at 1982 after many reinventions of creator the memories made will be with them the Army Asymmetric Warfare Office, Tony DiMillo’s dream. Tony opened his forever. AAWO in the Improvised Explosive De- first restaurant, Anthony’s, on Fore Mr. President, I ask that the names vice, IED, Division. During that time Street in 1954. After two relocations of of the manager, coaches, and players of he was one of the original combat vehi- the restaurant, he settled on changing the Big Sky All Stars be printed in the cle architects of the Mine Resistant his company’s name to that of his last RECORD. Ambush Program, MRAP, and worked name, and moved the restaurant to The information follows: with Congress and defense leaders to Portland’s scenic waterfront after pur- THE BIG SKY ALL-STARS fund 12,000 vehicles valued at $17 bil- chasing the abandoned Long Wharf. Manager Gene Carlson; Coach Mark lion. Tony quickly evolved his business from Kieckbusch; Coach Tom Zimmer; Ben Major Glover was then selected as a a single restaurant to a multi faceted Askelson: #15, left field, catcher, pitcher; Jet Department of Defense congressional empire by creating DiMillo’s Marina Campbell: #2, 2nd base; Sean Jones: #21, 3rd fellow and served as an Army fellow in and eventually DiMillo’s Yacht Sales, base, pitcher; Connor Kieckbusch: #1, 2nd the U.S. Senate for 1 year. After his all on the newly renovated wharf. base, right field; Pearce Kurth: #13, 1st base; tenure as a military fellow, he most re- The flagship of the DiMillo spirit lies Ian Leatherberry: #5, 3rd base, pitcher; cently served as Army congressional Brock MacDonald: #12, center field; Andy in DiMillo’s Floating Restaurant, a re- Maehl: #10, left field, catcher; Cole legislative liaison in the Army Senate furbished car ferry that originally ran McKenzie: #17, shortstop, pitcher; Dawson Liaison Division. He represented the between Delaware and New Jersey. By Smith: #16, 1st base; Gabe Sulser: #4, right Army on Capitol Hill and conducted the time the DiMillo family purchased field, center field; Patrick Zimmer: #19, numerous codels and staffdels across the vessel in 1980, its fate was sealed as shortstop, pitcher.∑ the world. He has coordinated over a popular landmark of the Portland f 1,500 Capitol Hill and White House waterfront. DiMillo’s Floating Res- tours for State, local, and military TRIBUTE TO MAJOR SAM GLOVER taurant is one of the largest converted constituents. ferries of its kind and is able to accom- ∑ Mr. GRAHAM. Mr. President, I rise Mr. President, on behalf of the grate- modate over 600 guests at any given to pay tribute to MAJ Sam Glover for ful nation, I join my colleagues today time. The restaurant offers patrons a his extraordinary service to the Nation in saying thank you to MAJ Sam Glov- wide variety of the Gulf of Maine’s while serving in the U.S. Army for the er for his extraordinary dedication to bounty, from lobsters and haddock to past 18 years. His record of distin- duty and service to the country scallops and clams. In homage to the guished service includes tours in throughout his distinguished career in family’s Italian ancestry, DiMillo’s Korea, Bosnia, Iraq, and a nominative the U.S. Army.∑ also offers a number of both unique and assignment as a defense fellow in the f classic Italian dishes, from seafood U.S. Senate. scampi to ricotta meatballs. Major Glover started his military ca- REMEMBERING DR. LARRY Like so many small Maine busi- reer as an enlisted soldier—a combat MANNING ROSS nesses, DiMillo’s has been forced to engineer—in the South Carolina Na- ∑ Mr. GRAHAM. Mr. President, I would adapt to the persistent economic down- tional Guard. After graduating from like to take a moment to recognize the turn, as well as today’s rising energy South Carolina State University, passing of Dr. Larry Manning Ross, a costs. Recently, the company an- Major Glover was commissioned as a great South Carolinian, who not only nounced that it will be raising a 35-foot second lieutenant in the Army Avia- served his country honorably in uni- wind turbine to help cut the cost of the tion Corps. After completing require- form but also worked tirelessly as a electrical needs of the business. As part ments to become a UH–60 Blackhawk psychologist for many years. of their movement towards sustain- pilot, he served in Korea, where he Dr. Ross graduated from Citadel in ability, DiMillo’s has also pledged to served as a platoon leader for Bravo 1963 and served in the Vietnam war, consider adding solar panels to its en- Company, 1–52nd Aviation Regiment where as a captain he was wounded in ergy future.

VerDate Mar 15 2010 05:25 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.050 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5451 It is with great pride that I acknowl- from the Rapid City Police Depart- lieved in a country where everyone edge the successes of small, family- ment. He will receive the Distinguished gets a fair shake and does their fair owned businesses, because these are Service Cross, which is bestowed upon share—where if you stepped up, did the firms that help maintain the char- members who distinguish themselves your job, and were loyal to your com- acter and virtue of Main Street Amer- by demonstrating exceptional bravery, pany, that loyalty would be rewarded ica. The long-term success and lon- despite an imminent risk of serious with a decent salary and good benefits; gevity of DiMillo’s Restaurant and the bodily injury or death. Officer Doyle maybe a raise once in awhile. If you did entire DiMillo family is a byproduct of will also receive the Purple Heart the right thing, you could make it in strong work ethic, responsive customer medal, awarded for a serious physical America. service, and a high level of quality. injury received in the line of duty. But for decades now, Americans have The motto of the DiMillo family has So today I wish to honor this ex- watched that compact erode. They always been, ‘‘A tradition of excellence traordinary public servant. I extend have seen the deck too often stacked for generations to come.’’ And these my thoughts, prayers and best wishes against them. And they know that words continue to ring true today, to Officer Doyle, his family, friends, Washington hasn’t always put their in- whether it is through their efforts at his fellow public servants in the Rapid terests first. the restaurant, the marina, or in their City Police Department, as well as the The people of this country work hard yacht sales business. DiMillo’s is an ex- community at large who have shown to meet their responsibilities. The cellent example of our nation’s unique outstanding support.∑ question tonight is whether we’ll meet and celebrated entrepreneurial spirit. I f ours. The question is whether, in the congratulate everyone in the DiMillo’s face of an ongoing national crisis, we businesses for their resilience and dedi- MESSAGES FROM THE PRESIDENT can stop the political circus and actu- cation to the community of Portland, Messages from the President of the ally do something to help the economy; and wish them many years of contin- United States were communicated to whether we can restore some of the ued success.∑ the Senate by Mr. Pate, one of his sec- fairness and security that has defined f retaries. this nation since our beginning. Those of us here tonight can’t solve f TRIBUTE TO OFFICER TIM DOYLE all of our nation’s woes. Ultimately, ∑ Mr. THUNE. Mr. President, today I EXECUTIVE MESSAGES REFERRED our recovery will be driven not by join the Rapid City Police Department As in executive session the Presiding Washington, but by our businesses and in honoring Officer Tim Doyle. Officer laid before the Senate messages our workers. But we can help. We can Officer Doyle was serving tempo- from the President of the United make a difference. There are steps we rarily on the Street Crimes Unit, be- States submitting sundry nominations can take right now to improve people’s fore resuming his work as a school liai- which were referred to the appropriate lives. son officer. The Street Crimes Unit was committees. I am sending this Congress a plan specially designed to handle public nui- (The nominations received today are that you should pass right away. It’s sance issues and has made noticeable printed at the end of the Senate pro- called the American Jobs Act. There improvements to the quality of life in ceedings.) should be nothing controversial about Rapid City neighborhoods. During what this piece of legislation. seemed to be a typical stop on August f Everything in here is the kind of pro- 2, 2011, Officer Doyle was one of three PRESIDENT’S ADDRESS CON- posal that’s been supported by both officers shot while on duty. Officer CERNING PROPOSALS TO CRE- Democrats and Republicans—including Doyle was shot in the face, and two of ATE JOBS AND IMPROVE THE many who sit here tonight. And every- his fellow officers, Officer Ryan ECONOMY DELIVERED TO A thing in this bill will be paid for. Ev- McCandless and Officer Nick Arm- JOINT SESSION OF CONGRESS ON erything. strong, later died from their injuries. SEPTEMBER 8, 2011—PM 18 The purpose of the American Jobs Officer Doyle left the hospital 1 week The PRESIDING OFFICER laid be- Act is simple: to put more people back after the shooting and then returned to fore the Senate the following message to work and more money in the pock- work in less than 3 weeks. He assumed from the President of the United ets of those who are working. It will his newly assigned position as a Cen- States, together with accompanying create more jobs for construction tral High School liaison officer in time papers; which was ordered to lie on the workers, more jobs for teachers, more for the first week of school, with his table: jobs for veterans, and more jobs for the jaw still wired shut and a bullet lodged long-term unemployed. It will provide in his chest. To the Congress of the United States: a tax break for companies who hire Officer Tim Doyle is a four-year vet- Mr. Speaker, Mr. Vice President, new workers, and it will cut payroll eran of the Rapid City Police Depart- Members of Congress, and fellow Amer- taxes in half for every working Amer- ment, and a certain hero. Tim joined icans: ican and every small business. It will the Rapid City Police Department on Tonight we meet at an urgent time provide a jolt to an economy that has July 30, 2007. He was hired as a police for our country. We continue to face an stalled, and give companies confidence officer assigned to the Field Services economic crisis that has left millions that if they invest and hire, there will Division. In August 2010, he was as- of our neighbors jobless, and a political be customers for their products and signed as the school liaison officer for crisis that has made things worse. services. You should pass this jobs plan Southwest Middle School in Rapid This past week, reporters have been right away. City, SD. asking ‘‘What will this speech mean for Everyone here knows that small Originally from Minnesota, he re- the President? What will it mean for businesses are where most new jobs ceived his bachelor of science degree in Congress? How will it affect their polls, begin. And you know that while cor- chemical engineering from the South and the next election?’’ porate profits have come roaring back, Dakota School of Mines and Tech- But the millions of Americans who smaller companies haven’t. So for ev- nology in Rapid City. He worked as an are watching right now: they don’t eryone who speaks so passionately engineer in Minnesota for more than a care about politics. They have real life about making life easier for ‘‘job cre- decade before returning to Rapid City concerns. Many have spent months ators,’’ this plan is for you. to pursue a career in law enforcement. looking for work. Others are doing Pass this jobs bill, and starting to- Officer Doyle continues to recover their best just to scrape by—giving up morrow, small businesses will get a tax quickly, due to his remarkable courage nights out with the family to save on cut if they hire new workers or raise and the incredible support of his fam- gas or make the mortgage; postponing workers’ wages. Pass this jobs bill, and ily, friends, fellow officers, and the retirement to send a kid to college. all small business owners will also see Rapid City community. These men and women grew up with their payroll taxes cut in half next On September 14, 2011, Officer Tim faith in an America where hard work year. If you have 50 employees making Doyle will be honored with two awards and responsibility paid off. They be- an average salary, that’s an $80,000 tax

VerDate Mar 15 2010 04:10 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.020 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5452 CONGRESSIONAL RECORD — SENATE September 8, 2011 cut. And all businesses will be able to a world where the competition has The agreement we passed in July will continue writing off the investments never been tougher. But while they’re cut government spending by about $1 they make in 2012. adding teachers in places like South trillion over the next ten years. It also It’s not just Democrats who have Korea, we’re laying them off in droves. charges this Congress to come up with supported this kind of proposal. Fifty It’s unfair to our kids. It undermines an additional $1.5 trillion in savings by House Republicans have proposed the their future and ours. And it has to Christmas. Tonight, I’m asking you to same payroll tax cut that’s in this stop. Pass this jobs bill, and put our increase that amount so that it covers plan. You should pass it right away. teachers back in the classroom where the full cost of the American Jobs Act. Pass this jobs bill, and we can put they belong. And a week from Monday, I’ll be re- people to work rebuilding America. Ev- Pass this jobs bill, and companies leasing a more ambitious deficit plan— eryone here knows that we have badly will get extra tax credits if they hire a plan that will not only allow us to decaying roads and bridges all over this America’s veterans. We ask these men boost jobs and growth in the short- country. Our highways are clogged and women to leave their careers, leave term, but stabilize our debt in the long with traffic. Our skies are the most their families, and risk their lives to run. congested in the world. fight for our country. The last thing This approach is basically the one This is inexcusable. Building a world- they should have to do is fight for a job I’ve been advocating for months. In ad- class transportation system is part of when they come home. dition to the trillion dollars of spend- what made us an economic superpower. Pass this bill, and hundreds of thou- ing cuts I’ve already signed into law, And now we’re going to sit back and sands of disadvantaged young people it’s a balanced plan that would reduce watch China build newer airports and will have the hope and dignity of a the deficit by making additional spend- faster railroads? At a time when mil- summer job next year. And their par- ing cuts; by making modest adjust- lions of unemployed construction ents, low-income Americans who des- ments to health care programs like workers could build them right here in perately want to work, will have more Medicare and Medicaid; and by reform- America? ladders out of poverty. ing our tax code in a way that asks the Pass this jobs bill, and companies There are private construction com- wealthiest Americans and biggest cor- will get a $4,000 tax credit if they hire panies all across America just waiting porations to pay their fair share. anyone who has spent more than six to get to work. There’s a bridge that What’s more, the spending cuts months looking for a job. We have to needs repair between Ohio and Ken- do more to help the long-term unem- wouldn’t happen so abruptly that tucky that’s on one of the busiest ployed in their search for work. This they’d be a drag on our economy, or trucking routes in North America. A jobs plan builds on a program in Geor- prevent us from helping small business public transit project in Houston that gia that several Republican leaders and middle-class families get back on will help clear up one of the worst have highlighted, where people who their feet right away. areas of traffic in the country. And Now, I realize there are some in my collect unemployment insurance par- there are schools throughout this coun- party who don’t think we should make ticipate in temporary work as a way to try that desperately need renovating. any changes at all to Medicare and build their skills while they look for a How can we expect our kids to do their permanent job. The plan also extends Medicaid, and I understand their con- best in places that are literally falling unemployment insurance for another cerns. But here’s the truth. Millions of apart? This is America. Every child de- year. If the millions of unemployed Americans rely on Medicare in their serves a great school—and we can give Americans stopped getting this insur- retirement. And millions more will do it to them, if we act now. ance, and stopped using that money for so in the future. They pay for this ben- The American Jobs Act will repair basic necessities, it would be a dev- efit during their working years. They and modernize at least 35,000 schools. It astating blow to this economy. Demo- earn it. But with an aging population will put people to work right now fix- crats and Republicans in this Chamber and rising health care costs, we are ing roofs and windows; installing have supported unemployment insur- spending too fast to sustain the pro- science labs and high-speed internet in ance plenty of times in the past. At gram. And if we don’t gradually reform classrooms all across this country. It this time of prolonged hardship, you the system while protecting current will rehabilitate homes and businesses should pass it again—right away. beneficiaries, it won’t be there when in communities hit hardest by fore- Pass this jobs bill, and the typical future retirees need it. We have to re- closures. It will jumpstart thousands of working family will get a fifteen hun- form Medicare to strengthen it. transportation projects across the dred dollar tax cut next year. Fifteen I’m also well aware that there are country. And to make sure the money hundred dollars that would have been many Republicans who don’t believe we is properly spent and for good purposes, taken out of your paycheck will go should raise taxes on those who are we’re building on reforms we’ve al- right into your pocket. This expands most fortunate and can best afford it. ready put in place. No more earmarks. on the tax cut that Democrats and Re- But here is what every American No more boondoggles. No more bridges publicans already passed for this year. knows. While most people in this coun- to nowhere. We’re cutting the red tape If we allow that tax cut to expire—if try struggle to make ends meet, a few that prevents some of these projects we refuse to act—middle-class families of the most affluent citizens and cor- from getting started as quickly as pos- will get hit with a tax increase at the porations enjoy tax breaks and loop- sible. And we’ll set up an independent worst possible time. We cannot let that holes that nobody else gets. Right now, fund to attract private dollars and happen. I know some of you have sworn Warren Buffet pays a lower tax rate issue loans based on two criteria: how oaths to never raise any taxes on any- than his secretary—an outrage he has badly a construction project is needed one for as long as you live. Now is not asked us to fix. We need a tax code and how much good it would do for the the time to carve out an exception and where everyone gets a fair shake, and economy. raise middle-class taxes, which is why everybody pays their fair share. And I This idea came from a bill written by you should pass this bill right away. believe the vast majority of wealthy a Texas Republican and a Massachu- This is the American Jobs Act. It Americans and CEOs are willing to do setts Democrat. The idea for a big will lead to new jobs for construction just that, if it helps the economy grow boost in construction is supported by workers, teachers, veterans, first re- and gets our fiscal house in order. America’s largest business organiza- sponders, young people and the long- I’ll also offer ideas to reform a cor- tion and America’s largest labor orga- term unemployed. It will provide tax porate tax code that stands as a monu- nization. It’s the kind of proposal credits to companies that hire new ment to special interest influence in that’s been supported in the past by workers, tax relief for small business Washington. By eliminating pages of Democrats and Republicans alike. You owners, and tax cuts for the middle- loopholes and deductions, we can lower should pass it right away. class. And here’s the other thing I want one of the highest corporate tax rates Pass this jobs bill, and thousands of the American people to know: the in the world. Our tax code shouldn’t teachers in every state will go back to American Jobs Act will not add to the give an advantage to companies that work. These are the men and women deficit. It will be paid for. And here’s can afford the best-connected lobby- charged with preparing our children for how: ists. It should give an advantage to

VerDate Mar 15 2010 04:10 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.053 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5453 companies that invest and create jobs the way for a series of trade agree- dustry from shortchanging patients. I here in America. ments that would make it easier for reject the idea that we have to strip So we can reduce this deficit, pay American companies to sell their prod- away collective bargaining rights to down our debt, and pay for this jobs ucts in Panama, Colombia, and South compete in a global economy. We plan in the process. But in order to do Korea—while also helping the workers shouldn’t be in a race to the bottom, this, we have to decide what our prior- whose jobs have been affected by global where we try to offer the cheapest ities are. We have to ask ourselves, competition. If Americans can buy labor and the worst pollution stand- ‘‘What’s the best way to grow the econ- Kias and Hyundais, I want to see folks ards. America should be in a race to omy and create jobs?’’ in South Korea driving Fords and the top. And I believe that’s a race we Should we keep tax loopholes for oil Chevys and Chryslers. I want to see can win. companies? Or should we use that more products sold around the world In fact, this larger notion that the money to give small business owners a stamped with three proud words: only thing we can do to restore pros- tax credit when they hire new workers? ‘‘Made in America.’’ perity is just dismantle government, Because we can’t afford to do both. And on all of our efforts to strength- refund everyone’s money, let everyone Should we keep tax breaks for million- en competitiveness, we need to look for write their own rules, and tell everyone aires and billionaires? Or should we put ways to work side-by-side with Amer- they’re on their own—that’s not who teachers back to work so our kids can ica’s businesses. That’s why I’ve we are. That’s not the story of Amer- graduate ready for college and good brought together a Jobs Council of ica. jobs? Right now, we can’t afford to do leaders from different industries who Yes, we are rugged individualists. both. are developing a wide range of new Yes, we are strong and self-reliant. And This isn’t political grandstanding. ideas to help companies grow and cre- it has been the drive and initiative of This isn’t class warfare. This is simple ate jobs. our workers and entrepreneurs that has math. These are real choices that we Already, we’ve mobilized business made this economy the engine and have to make. And I’m pretty sure I leaders to train 10,000 American engi- envy of the world. know what most Americans would neers a year, by providing company in- But there has always been another choose. It’s not even close. And it’s ternships and training. Other busi- thread running throughout our his- time for us to do what’s right for our nesses are covering tuition for workers tory—a belief that we are all con- future. who learn new skills at community col- nected; and that there are some things The American Jobs Act answers the leges. And we’re going to make sure we can only do together, as a nation. We all remember Abraham Lincoln urgent need to create jobs right away. the next generation of manufacturing as the leader who saved our Union. But But we can’t stop there. As I’ve argued takes root not in China or Europe, but in the middle of a Civil War, he was since I ran for this office, we have to right here, in the United States of also a leader who looked to the fu- look beyond the immediate crisis and America. If we provide the right incen- ture—a Republican president who mo- start building an economy that lasts tives and support—and if we make sure bilized government to build the trans- into the future—an economy that cre- our trading partners play by the continental railroad; launch the Na- ates good, middle-class jobs that pay rules—we can be the ones to build ev- tional Academy of Sciences; and set up well and offer security. We now live in erything from fuel-efficient cars to ad- the first land grant colleges. And lead- a world where technology has made it vanced biofuels to semiconductors that ers of both parties have followed the possible for companies to take their are sold all over the world. That’s how example he set. business anywhere. If we want them to America can be number one again. Ask yourselves—where would we be start here and stay here and hire here, That’s how America will be number right now if the people who sat here be- we have to be able to out-build, out- one again. fore us decided not to build our high- educate, and out-innovate every other Now, I realize that some of you have ways and our bridges; our dams and our country on Earth. a different theory on how to grow the airports? What would this country be This task, of making America more economy. Some of you sincerely be- like if we had chosen not to spend competitive for the long haul, is a job lieve that the only solution to our eco- money on public high schools, or re- for all of us. For government and for nomic challenges is to simply cut most search universities, or community col- private companies. For states and for government spending and eliminate leges? Millions of returning heroes, in- local communities—and for every most government regulations. cluding my grandfather, had the oppor- American citizen. All of us will have to Well, I agree that we can’t afford tunity to go to school because of the GI up our game. All of us will have to wasteful spending, and I will continue Bill. Where would we be if they hadn’t change the way we do business. to work with Congress to get rid of it. had that chance? My administration can and will take And I agree that there are some rules How many jobs would it have cost us some steps to improve our competitive- and regulations that put an unneces- if past Congresses decided not to sup- ness on our own. For example, if you’re sary burden on businesses at a time port the basic research that led to the a small business owner who has a con- when they can least afford it. That’s Internet and the computer chip? What tract with the federal government, why I ordered a review of all govern- kind of country would this be if this we’re going to make sure you get paid ment regulations. So far, we’ve identi- Chamber had voted down Social Secu- a lot faster than you do now. We’re fied over 500 reforms, which will save rity or Medicare just because it vio- also planning to cut away the red tape billions of dollars over the next few lated some rigid idea about what gov- that prevents too many rapidly-grow- years. We should have no more regula- ernment could or could not do? How ing start-up companies from raising tion than the health, safety, and secu- many Americans would have suffered capital and going public. And to help rity of the American people require. as a result? responsible homeowners, we’re going to Every rule should meet that common No single individual built America on work with Federal housing agencies to sense test. their own. We built it together. We help more people refinance their mort- But what we can’t do—what I won’t have been, and always will be, one na- gages at interest rates that are now do—is let this economic crisis be used tion, under God, indivisible, with lib- near 4%—a step that can put more than as an excuse to wipe out the basic pro- erty and justice for all; a nation with $2,000 a year in a family’s pocket, and tections that Americans have counted responsibilities to ourselves and with give a lift to an economy still burdened on for decades. I reject the idea that we responsibilities to one another. Mem- by the drop in housing prices. need to ask people to choose between bers of Congress, it is time for us to Other steps will require Congres- their jobs and their safety. I reject the meet our responsibilities. sional action. Today you passed reform argument that says for the economy to Every proposal I’ve laid out tonight that will speed up the outdated patent grow, we have to roll back protections is the kind that’s been supported by process, so that entrepreneurs can turn that ban hidden fees by credit card Democrats and Republicans in the a new idea into a new business as companies, or rules that keep our kids past. Every proposal I’ve laid out to- quickly as possible. That’s the kind of from being exposed to mercury, or laws night will be paid for. And every pro- action we need. Now it’s time to clear that prevent the health insurance in- posal is designed to meet the urgent

VerDate Mar 15 2010 04:10 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.055 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5454 CONGRESSIONAL RECORD — SENATE September 8, 2011 needs of our people and our commu- The message also announced that the Office of Policy, Environmental Protection nities. House has agreed to the following con- Agency, transmitting, pursuant to law, the I know there’s been a lot of skep- current resolution, in which it requests report of a rule entitled ‘‘2-Propenoic acid, ticism about whether the politics of the concurrence of the Senate: polymer with ethenylbenzene and (1- methylethenyl) benezene sodium acid; Toler- the moment will allow us to pass this H. Con. Res. 67. Concurrent resolution au- ance Exemption’’ (FRL No. 8888–5) received jobs plan—or any jobs plan. Already, thorizing the use of the Capitol Grounds for in the Office of the President of the Senate we’re seeing the same old press releases the District of Columbia Special Olympics on September 6, 2011; to the Committee on and tweets flying back and forth. Al- Law Enforcement Torch Run. Agriculture, Nutrition, and Forestry. ready, the media has proclaimed that f EC–3001. A communication from the Direc- it’s impossible to bridge our dif- tor of the Regulatory Management Division, MEASURES PLACED ON THE ferences. And maybe some of you have Office of Policy, Environmental Protection CALENDAR Agency, transmitting, pursuant to law, the decided that those differences are so The following joint resolution was report of a rule entitled ‘‘Pseudomonas great that we can only resolve them at fluorescens strain CL145A; Exemption from the ballot box. read the second time, and placed on the the Requirement of a Tolerance’’ (FRL No. But know this: the next election is calendar: 8884–6) received in the Office of the President fourteen months away. And the people S.J. Res. 26. Joint resolution expressing of the Senate on September 6, 2011; to the who sent us here—the people who hired the sense of Congress that Secretary of the Committee on Agriculture, Nutrition, and us to work for them—they don’t have Treasury Timothy Geithner no longer holds Forestry. the luxury of waiting fourteen months. the confidence of Congress or of the people of EC–3002. A communication from the Con- the United States. gressional Review Coordinator, Animal and Some of them are living week to week; Plant Health Inspection Service, Department f paycheck to paycheck; even day to of Agriculture, transmitting, pursuant to day. They need help, and they need it EXECUTIVE AND OTHER law, the report of a rule entitled ‘‘Importa- now. COMMUNICATIONS tion of Horses from Contagious Equine Me- I don’t pretend that this plan will tritis-Affected Countries’’ ((RIN0579–AD31) solve all our problems. It shouldn’t be, The following communications were (Docket No. APHIS–2008–0112)) received in nor will it be, the last plan of action we laid before the Senate, together with the Office of the President of the Senate on propose. What’s guided us from the accompanying papers, reports, and doc- September 6, 2011; to the Committee on Agri- uments, and were referred as indicated: culture, Nutrition, and Forestry. start of this crisis hasn’t been the EC–3003. A communication from the Direc- EC–2996. A communication from the Direc- search for a silver bullet. It’s been a tor of the Regulatory Management Division, tor of the Office of Management and Budget, commitment to stay at it—to be per- Office of Policy, Environmental Protection Executive Office of the President, transmit- Agency, transmitting, pursuant to law, the sistent—to keep trying every new idea ting, pursuant to law, the OMB Sequestra- report of a rule entitled ‘‘Tebuconazole; Pes- that works, and listen to every good tion Update Report for Fiscal Year 2012, re- ticide Tolerances’’ (FRL No. 8885–4) received proposal, no matter which party comes ferred jointly, pursuant to the order of Janu- in the Office of the President of the Senate up with it. ary 30, 1975 as modified by the order of April on September 6, 2011; to the Committee on 11, 1986; to the Special Committee on Aging; Regardless of the arguments we’ve Agriculture, Nutrition, and Forestry. had in the past, regardless of the argu- Agriculture, Nutrition, and Forestry; Appro- EC–3004. A communication from the Com- ments we’ll have in the future, this priations; Armed Services; Banking, Hous- mission on Wartime Contracting in Iraq and plan is the right thing to do right now. ing, and Urban Affairs; the Budget; Com- Afghanistan, transmitting, pursuant to law, merce, Science, and Transportation; Energy You should pass it. And I intend to a report entitled ‘‘Transforming Wartime and Natural Resources; Environment and Contracting: Controlling Cost, Reducing take that message to every corner of Public Works; Select Committee on Ethics; this country. I also ask every Amer- Risk’’; to the Committee on Armed Services. Finance; Foreign Relations; Health, Edu- EC–3005. A communication from the Sec- ican who agrees to lift your voice and cation, Labor, and Pensions; Homeland Secu- retary of Energy, transmitting, a legislative tell the people who are gathered here rity and Governmental Affairs; Indian Af- proposal relative to allowing the Department tonight that you want action now. Tell fairs; Select Committee on Intelligence; the of Energy to restore certain information to Washington that doing nothing is not Judiciary; Rules and Administration; Small the Restricted Data category; to the Com- an option. Remind us that if we act as Business and Entrepreneurship; and Vet- mittee on Armed Services. erans’ Affairs. EC–3006. A communication from the Direc- one nation, and one people, we have it EC–2997. A communication from the Con- within our power to meet this chal- tor of Defense Procurement and Acquisition gressional Review Coordinator, Animal and Policy, Department of Defense, transmit- lenge. Plant Health Inspection Service, Department ting, pursuant to law, the report of a rule en- President Kennedy once said, ‘‘Our of Agriculture, transmitting, pursuant to titled ‘‘Increase the Use of Fixed-Price In- problems are man-made—therefore law, the report of a rule entitled ‘‘Importa- centive (Firm Target) Contracts’’ ((RIN0750– they can be solved by man. And man tion of Peppers from Panama’’ ((RIN0579– AH15) (DFARS Case 2011–D010)) received in can be as big as he wants.’’ AD16) (Docket No. APHIS–2010–0002)) re- the Office of the President of the Senate on These are difficult years for our ceived in the Office of the President of the September 7, 2011; to the Committee on Senate on September 6, 2011; to the Com- Armed Services. country. But we are Americans. We are mittee on Agriculture, Nutrition, and For- tougher than the times that we live in, EC–3007. A communication from the Assist- estry. ant Secretary for Export Administration, and we are bigger than our politics EC–2998. A communication from the Con- Bureau of Industry and Security, Depart- have been. So let’s meet the moment. gressional Review Coordinator, Animal and ment of Commerce, transmitting, pursuant Let’s get to work, and show the world Plant Health Inspection Service, Department to law, the report of a rule entitled ‘‘Export once again why the United States of of Agriculture, transmitting, pursuant to Administration Regulations: Netherlands America remains the greatest nation law, the report of a rule entitled ‘‘Asian Antilles, Curacao, Sint Maarten and Timor- on Earth. Thank you, God bless you, Longhorned Beetle; Quarantined Areas and Leste’’ (RIN0694–AF18) received in the Office Regulated Articles’’ (Docket No. APHIS– of the President of the Senate on September and may God bless the United States of 2010–0128) received in the Office of the Presi- America. 6, 2011; to the Committee on Banking, Hous- dent of the Senate on September 6, 2011; to ing, and Urban Affairs. BARACK OBAMA. the Committee on Agriculture, Nutrition, EC–3008. A communication from the Assist- THE WHITE HOUSE, September 8, 2011. and Forestry. ant Secretary for Export Administration, f EC–2999. A communication from the Con- Bureau of Industry and Security, Depart- gressional Review Coordinator, Animal and ment of Commerce, transmitting, pursuant MESSAGE FROM THE HOUSE Plant Health Inspection Service, Department to law, the report of a rule entitled ‘‘Imple- At 11:52 a.m., a message from the of Agriculture, transmitting, pursuant to mentation of a Decision Adopted under the House of Representatives, delivered by law, the report of a rule entitled ‘‘European Australia Group (AG) Intersessional Silent Mr. Novotny, one of its reading clerks, Larch Canker; Expansion of Regulated Approval Procedures in 2010 and Related Edi- announced that the House has passed Areas’’ (Docket No. APHIS–2011–0029) re- torial Amendments’’ (RIN0694–AF14) received ceived in the Office of the President of the in the Office of the President of the Senate the following bill, in which it requests Senate on September 6, 2011; to the Com- on September 6, 2011; to the Committee on the concurrence of the Senate: mittee on Agriculture, Nutrition, and For- Banking, Housing, and Urban Affairs. H.R. 2832. An act to extend the Generalized estry. EC–3009. A communication from the Direc- System of Preferences, and for other pur- EC–3000. A communication from the Direc- tor, Office of Management and Budget, Exec- poses. tor of the Regulatory Management Division, utive Office of the President, transmitting,

VerDate Mar 15 2010 04:11 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.057 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5455 pursuant to law, the notification of the EC–3019. A communication from the Assist- to the Arms Export Control Act, the certifi- President’s intent to exempt all military ant Secretary, Office of Legislative Affairs, cation of a proposed amendment to a tech- personnel accounts from sequester for fiscal Department of State, transmitting, pursuant nical assistance agreement for the export of year 2012, if a sequester is necessary; to the to law, a report relative to U.S. military per- defense articles, including, technical data, Committee on the Budget. sonnel and U.S. civilian contractors involved and defense services to the Republic of Korea EC–3010. A communication from the Sec- in the anti-narcotics campaign in Colombia for the sale of four C–130J–30 aircraft, related retary of Energy, transmitting, pursuant to (DCN OSS 2011–1395); to the Committee on spares, and logistics support services in the law, a report entitled ‘‘2011 Annual Plan: Foreign Relations. amount of $100,000,000 or more; to the Com- Ultra-Deepwater and Unconventional Nat- EC–3020. A communication from the De- mittee on Foreign Relations. ural Gas and Other Petroleum Resources Re- partment of State, transmitting, pursuant to EC–3028. A communication from the Assist- search and Development Program’’; to the law, a report relative to a GAO Report enti- ant Secretary, Bureau of Legislative Affairs, Committee on Energy and Natural Re- tled ‘‘Nuclear Nonproliferation: US Agencies Department of State, transmitting, pursuant sources. Have Limited Ability to Account for, Mon- to the Arms Export Control Act, the certifi- EC–3011. A communication from the Direc- itor, and Evaluate the Security of US Nu- cation of a proposed manufacturing license tor, Office of Natural Resources Revenue, clear Material Overseas’’ (DCN OSS 2011– agreement for the export of defense articles, Department of the Interior, transmitting, 1394); to the Committee on Foreign Rela- including, technical data, and defense serv- pursuant to law, a report entitled ‘‘Report to tions. ices to the United Kingdom and Singapore Congress: The Office of Natural Resources EC–3021. A communication from the De- for the manufacture of and repair of Display Revenue, Royalty in Kind Program’’ for fis- partment of Defense, transmitting, pursuant Assembly Kits, Display Monitors, Display cal year 2010; to the Committee on Energy to law, a report relative to providing certain Unit Subassemblies and Control Panel As- and Natural Resources. support to aid the government of Uzbekistan semblies; to the Committee on Foreign Rela- EC–3012. A communication from the Sec- in its counter-terrorism activities in fiscal tions. retary of Energy, transmitting, pursuant to year 2011 (DCN OSS 2011–1396); to the Com- EC–3029. A communication from the Assist- law, a report entitled ‘‘Department of En- mittee on Foreign Relations. ant Secretary, Bureau of Legislative Affairs, ergy Activities Relating to the Defense Nu- EC–3022. A communication from the Assist- Department of State, transmitting, pursuant clear Facilities Safety Board Fiscal Year ant Secretary, Bureau of Legislative Affairs, to the Arms Export Control Act, the certifi- 2010’’; to the Committee on Energy and Nat- Department of State, transmitting, pursuant cation of a proposed amendment to a manu- ural Resources. to the Arms Export Control Act, the certifi- facturing license agreement for the export of EC–3013. A communication from the Senior cation of a proposed technical assistance defense articles, including, technical data, Advisor, Office of Regulations, Social Secu- agreement for the export of defense articles, and defense services to the support the man- rity Administration, transmitting, pursuant including, technical data, and defense serv- ufacture of Communication and Navigation to law, the report of a rule entitled ‘‘Requir- ices to the United Kingdom in support of the Equipment for end use by the Saudi Arabian ing Use of Electronic Services’’ (RIN0960– sale of Hellfire II missiles in the amount of Ministry of Defense and Aviation, Royal AH31) received in the Office of the President $25,000,000 or more; to the Committee on For- Saudi Air Force in the amount of $50,000,000 of the Senate on September 7, 2011; to the eign Relations. or more; to the Committee on Foreign Rela- Committee on Finance. EC–3023. A communication from the Assist- tions. EC–3014. A communication from the Assist- ant Secretary, Bureau of Legislative Affairs, EC–3030. A communication from the Assist- ant Legal Adviser for Treaty Affairs, Depart- Department of State, transmitting, pursuant ant Secretary, Bureau of Legislative Affairs, ment of State, transmitting, pursuant to the to the Arms Export Control Act, the certifi- Department of State, transmitting, pursuant Case-Zablocki Act, 1 U.S.C. 112b, as amended, cation of a proposed manufacturing license to the Arms Export Control Act, the certifi- the report of the texts and background state- agreement for the export of defense articles, cation of a proposed amendment to a manu- ments of international agreements, other facturing license agreement for the export of than treaties (List 2011–0130—2011–0144); to including, technical data, and defense serv- ices relative to the export of 5.56 mm rifles defense articles, including, technical data, the Committee on Foreign Relations. and defense services to Italy for the design, EC–3015. A communication from the Assist- to the Ministry of Interior, General Direc- torate of Security, Turkish National Police development and manufacture of F135 engine ant Secretary, Bureau of Legislative Affairs, parts and components for the Joint Strike Department of State, transmitting, pursuant in the amount of $1,000,000 or more; to the Committee on Foreign Relations. Fighter Aircraft in the amount of $100,000,000 to law, status reports relative to Iraq for the or more; to the Committee on Foreign Rela- period of April 21, 2011 through June 20, 2011; EC–3024. A communication from the Assist- ant Secretary, Bureau of Legislative Affairs, tions. to the Committee on Foreign Relations. EC–3031. A communication from the Assist- Department of State, transmitting, pursuant EC–3016. A communication from the Assist- ant Secretary, Bureau of Legislative Affairs, to the Arms Export Control Act, the certifi- ant Secretary, Bureau of Legislative Affairs, Department of State, transmitting, pursuant cation of a proposed amendment to a tech- Department of State, transmitting, pursuant to the Arms Export Control Act, the certifi- nical assistance agreement for the export of to the Arms Export Control Act, the certifi- cation of a proposed manufacturing license defense articles, including, technical data, cation of a proposed amendment to a manu- agreement for the export of defense articles, and defense services to Singapore for the facturing license agreement for the manufac- including, technical data, and defense serv- maintenance, repair, and overhaul of the ture of significant military equipment ices to Canada for the design, development abroad and the export of defense articles, in- F100 engines in the amount of $50,000,000 or and manufacture of the M72A5 Light Anti- cluding, technical data, and defense services more; to the Committee on Foreign Rela- Armor Weapon (LAW) system in the amount to Norway for the design, development and tions. of $100,000,000 or more; to the Committee on EC–3025. A communication from the Assist- manufacture of the M72 Lightweight Anti- Foreign Relations. Armor Weapon system for several United ant Secretary, Bureau of Legislative Affairs, EC–3032. A communication from the Assist- States allies in Europe and Asia in the Department of State, transmitting, pursuant ant Secretary, Bureau of Legislative Affairs, amount of $50,000,000 or more; to the Com- to the Arms Export Control Act, the certifi- Department of State, transmitting, pursuant mittee on Foreign Relations. cation of a proposed amendment to a tech- to the Arms Export Control Act, the certifi- EC–3017. A communication from the Assist- nical assistance agreement for the export of cation of a proposed amendment to a manu- ant Secretary, Bureau of Legislative Affairs, defense articles, including, technical data, facturing license agreement for the export of Department of State, transmitting, pursuant and defense services to Italy, Switzerland, defense articles, including, technical data, to the Arms Export Control Act, the certifi- and the United Kingdom for the support of and defense services to South Korea for the cation of a proposed technical assistance mechanical, avionics, environmental and manufacture, assembly and maintenance agreement for the export of defense articles, lighting systems for the Joint Cargo Aircraft support of the XTG411 Series Transmission including, technical data, and defense serv- C–27J and industrial baseline variants in the in the amount of $100,000,000 or more; to the ices to support the Missile Firing Unit and amount of $50,000,000 or more; to the Com- Committee on Foreign Relations. Stunner Interceptor Subsystems of the Da- mittee on Foreign Relations. EC–3033. A communication from the Assist- vid’s Sling Weapon System for end-use by EC–3026. A communication from the Assist- ant Secretary, Bureau of Legislative Affairs, the Government of Israel in the amount of ant Secretary, Bureau of Legislative Affairs, Department of State, transmitting, pursuant $50,000,000 or more; to the Committee on For- Department of State, transmitting, pursuant to law, a report relative to a proposed eign Relations. to the Arms Export Control Act, the certifi- amendments to part 126 of the International EC–3018. A communication from the Assist- cation of a proposed technical assistance Traffic in Arms Regulations (ITAR); to the ant Secretary, Bureau of Legislative Affairs, agreement for the export of defense articles, Committee on Foreign Relations. Department of State, transmitting, pursuant including, technical data, and defense serv- EC–3034. A communication from the Assist- to the Arms Export Control Act, certifi- ices to support the design, manufacturing ant Secretary, Office of Legislative Affairs, cation for the export of defense articles, to and delivery phases of the MEXSAT–3 Com- Department of State, transmitting, pursuant include technical data related to the export mercial Communications Satellite Program to law, the Annual Report to Congress on the of 5.56 mm rifles and accessories to the Crit- in the amount of $50,000,000 or more; to the President’s Emergency Plan for AIDS Relief; ical National Infrastructure Security Force Committee on Foreign Relations. to the Committee on Foreign Relations. of the United Arab Emirates in the amount EC–3027. A communication from the Assist- EC–3035. A communication from the Assist- of $1,000,000 or more; to the Committee on ant Secretary, Bureau of Legislative Affairs, ant Legal Adviser for Treaty Affairs, Depart- Foreign Relations. Department of State, transmitting, pursuant ment of State, transmitting, pursuant to the

VerDate Mar 15 2010 04:11 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.060 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5456 CONGRESSIONAL RECORD — SENATE September 8, 2011 Case-Zablocki Act, 1 U.S.C. 112b, as amended, Training Administration, Department of the Committee on Health, Education, Labor, the report of the texts and background state- Labor, transmitting, pursuant to law, the re- and Pensions. ments of international agreements, other port of a rule entitled ‘‘Wage Methodology EC–3052. A communication from the Direc- than treaties (List 2011–0121—2011–0129); to for the Temporary Non-Agricultural Em- tor of Regulations and Policy Management the Committee on Foreign Relations. ployment H-2B Program; Amendment of Ef- Staff, Food and Drug Administration, De- EC–3036. A communication from the Board fective Date’’ (RIN1205–AB61) received during partment of Health and Human Services, Members, Railroad Retirement Board, trans- recess of the Senate in the Office of the transmitting, pursuant to law, the report of mitting, pursuant to law, the Board’s 2011 re- President of the Senate on August 11, 2011; to a rule entitled ‘‘Immunology and Microbi- port for the fiscal year ended September 30, the Committee on Health, Education, Labor, ology Devices; Reclassification of the Herpes 2010; to the Committee on Health, Education, and Pensions. Simplex Virus Serological Assay Device’’ Labor, and Pensions. EC–3046. A communication from the Pro- (Docket No. FDA–2010–N–0429) received dur- EC–3037. A communication from the Sec- gram Manager, National Institutes of ing recess of the Senate in the Office of the retary of Health and Human Services, trans- Health, Department of Health and Human President of the Senate on August 17, 2011; to mitting, pursuant to law, the Food and Drug Services, transmitting, pursuant to law, the the Committee on Health, Education, Labor, Administration’s report relative to the Sec- report of a rule entitled ‘‘Responsibility of and Pensions. ond Review of the Backlog of Postmarketing Applicants for Promoting Objectivity in Re- EC–3053. A communication from the Direc- Requirements and Postmarketing Commit- search for which Public Health Service tor of Regulations and Policy Management ments; to the Committee on Health, Edu- Funding is Sought and Responsible Prospec- Staff, Food and Drug Administration, De- cation, Labor, and Pensions. tive Contractors’’ (RIN0925–AA53) received partment of Health and Human Services, EC–3038. A communication from the Sec- during recess of the Senate in the Office of transmitting, pursuant to law, the report of retary of Health and Human Services, trans- the President of the Senate on August 25, a rule entitled ‘‘Effective Date of Require- mitting, pursuant to law, the report of a pe- 2011; to the Committee on Health, Education, ment for Premarket Approval for Three tition to add workers from the Sandia Na- Labor, and Pensions. Class III Preamendments Devices’’ (Docket tional Laboratories in Albuquerque, New EC–3047. A communication from the Assist- No. FDA–2010–N–0412) received during recess Mexico, to the Special Exposure Cohort; to ant General Counsel for Regulatory Services, of the Senate in the Office of the President the Committee on Health, Education, Labor, Office of Special Education and Rehabilita- of the Senate on August 25, 2011; to the Com- and Pensions. tive Services, Department of Education, mittee on Health, Education, Labor, and EC–3039. A communication from the Chair- transmitting, pursuant to law, the report of Pensions. man, National Endowment for the Arts, a rule entitled ‘‘Office of Special Education EC–3054. A communication from the Pro- transmitting, pursuant to law, a report rel- and Rehabilative Services—Special Dem- gram Manager, Centers for Medicare and ative to the Arts Endowment’s inventory of onstration Programs—National Technical Medicaid Services, Department of Health commercial activities for fiscal year 2011; to Assistance Projects to Improve Employment and Human Services, transmitting, pursuant the Committee on Homeland Security and Outcomes for Individuals with Disabilities— to law, the report of a rule entitled ‘‘Rate In- Governmental Affairs. Final Priority’’ (CFDA No. 84.235M) received crease Disclosure and Review: Definitions of EC–3040. A communication from the Sec- during recess of the Senate in the Office of ‘Individual Market’ and ‘Small Group Mar- retary of Health and Human Services, trans- the President of the Senate on August 17, ket’’’ (RIN0938–AR26) received in the Office mitting, pursuant to law, the Performance 2011; to the Committee on Health, Education, of the President of the Senate on September Report of the Food and Drug Administra- 6, 2011; to the Committee on Health, Edu- tion’s Office of Combination Products for fis- Labor, and Pensions. EC–3048. A communication from the Direc- cation, Labor, and Pensions. cal year 2010; to the Committee on Health, tor of Regulations and Policy Management EC–3055. A communication from the Direc- Education, Labor, and Pensions. tor of Regulations and Policy Management EC–3041. A communication from the Dep- Staff, Food and Drug Administration, De- partment of Health and Human Services, Staff, Food and Drug Administration, De- uty Director for Operations, Legislative and partment of Health and Human Services, Regulatory Department, Pension Benefit transmitting, pursuant to law, the report of a rule entitled ‘‘Medical Devices; General transmitting, pursuant to law, the report of Guaranty Corporation, transmitting, pursu- a rule entitled ‘‘Advisory Committee; Med- and Plastic Surgery Devices; Classification ant to law, the report of a rule entitled ical Imaging Drugs Advisory Committee; Re- of the Focused Ultrasound Stimulator Sys- ‘‘Benefits Payable in Terminated Single-Em- Establishment’’ (Docket No. FDA–2010–N– tem for Aesthetic Use’’ (Docket No. FDA– ployer Plans; Interest Assumptions for Val- 0002) received in the Office of the President 2011–N–0499) received during recess of the uing and Paying Benefits’’ (29 CFR Part 4022) of the Senate on September 7, 2011; to the Senate in the Office of the President of the received during recess of the Senate in the Committee on Health, Education, Labor, and Senate on August 4, 2011; to the Committee Office of the President of the Senate on Au- Pensions. gust 4, 2011; to the Committee on Health, on Health, Education, Labor, and Pensions. EC–3056. A communication from the Direc- EC–3049. A communication from the Direc- Education, Labor, and Pensions. tor, Office of Government Relations, Cor- tor of Regulations and Policy Management EC–3042. A communication from the Dep- poration for National and Community Serv- Staff, Food and Drug Administration, De- uty Director for Policy, Legislative and Reg- ice, transmitting, pursuant to law, the final ulatory Department, Pension Benefit Guar- partment of Health and Human Services, report by the Office of the Inspector General anty Corporation, transmitting, pursuant to transmitting, pursuant to law, the report of on the Evaluation of the 2010 Social Innova- law, the report of a rule entitled ‘‘Disclosure a rule entitled ‘‘Cardiovascular Devices; tion Fund Grant Application Review Proc- to Participants’’ (RIN1212–AB12) received Classification of Electrocardiograph Elec- ess; to the Committee on Health, Education, during recess of the Senate in the Office of trodes’’ (Docket No. FDA–2007–N–0092) re- Labor, and Pensions. the President of the Senate on August 4, ceived during recess of the Senate in the Of- EC–3057. A communication from the Asso- 2011; to the Committee on Health, Education, fice of the President of the Senate on August ciate General Counsel for General Law, Of- Labor, and Pensions. 4, 2011; to the Committee on Health, Edu- fice of General Counsel, Department of EC–3043. A communication from the Dep- cation, Labor, and Pensions. Homeland Security, transmitting, pursuant uty Director for Policy, Legislative and Reg- EC–3050. A communication from the Direc- to law, a report relative to a vacancy in the ulatory Department, Pension Benefit Guar- tor of Regulations and Policy Management position of Inspector General, Department of anty Corporation, transmitting, pursuant to Staff, Food and Drug Administration, De- Homeland Security, received during recess of law, the report of a rule entitled ‘‘Benefits partment of Health and Human Services, the Senate in the Office of the President of Payable in Terminated Single-Employer transmitting, pursuant to law, the report of the Senate on August 11, 2011; to the Com- Plans; Interest Assumptions for Valuing and a rule entitled ‘‘Labeling for Bronchodilators mittee on Homeland Security and Govern- Paying Benefits’’ (29 CFR Part 4022) received to Treat Asthma; Cold, Cough, Allergy, mental Affairs. during recess of the Senate in the Office of Bronchodilator, and Antiasthmatic Drug EC–3058. A communication from the Acting the President of the Senate on August 31, Products for Over-the-Counter Human Use’’ Executive Director, Commodity Futures 2011; to the Committee on Health, Education, (Docket No. FDA–1995–N–0031) received dur- Trading Commission, transmitting, pursuant Labor, and Pensions. ing recess of the Senate in the Office of the to law, the Commission’s fiscal year 2011 EC–3044. A communication from the Assist- President of the Senate on August 4, 2011; to FAIR Act inventory; to the Committee on ant Secretary, Employee Benefits Security the Committee on Health, Education, Labor, Homeland Security and Governmental Af- Administration, Department of Labor, trans- and Pensions. fairs. mitting, pursuant to law, the report of a rule EC–3051. A communication from the Direc- EC–3059. A communication from the Chair- entitled ‘‘Group Health Plans and Health In- tor of Regulations and Policy Management man of the Council of the District of Colum- surance Issuers Relating to Coverage of Pre- Staff, Food and Drug Administration, De- bia, transmitting, pursuant to law, a report ventive Services Under the Patient Protec- partment of Health and Human Services, on D.C. Act 19–152 ‘‘Healthy Schools Amend- tion and Affordable Care Act’’ (RIN1210– transmitting, pursuant to law, the report of ment Act of 2011’’; to the Committee on AB44) received during recess of the Senate in a rule entitled ‘‘Medical Devices; Neuro- Homeland Security and Governmental Af- the Office of the President of the Senate on logical Devices; Classification of Repetitive fairs. August 5, 2011; to the Committee on Health, Transcranial Magnetic Stimulation System’’ EC–3060. A communication from the Chair- Education, Labor, and Pensions. (Docket No. FDA–2011–N–0466) received dur- man of the National Transportation Safety EC–3045. A communication from the Assist- ing recess of the Senate in the Office of the Board, transmitting, pursuant to law, a re- ant Secretary for the Employment and President of the Senate on August 8, 2011; to port relative to the activities performed by

VerDate Mar 15 2010 04:11 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.062 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5457 the agency that are not inherently govern- District of Columbia to Peaceoholics, Inc. bia, transmitting, pursuant to law, a report mental functions; to the Committee on From Fiscal Year (FY) 2006 to FY 2010’’; to on D.C. Act 19–105 ‘‘Closing of a Portion of Homeland Security and Governmental Af- the Committee on Homeland Security and Bryant Street, N.E., and a Portion of 22nd fairs. Governmental Affairs. Street, N.E., S.O. 06–1262 Act of 2011’’; to the EC–3061. A communication from the Chair- EC–3069. A communication from the Dep- Committee on Homeland Security and Gov- man of the National Transportation Safety uty General Counsel, Office of the General ernmental Affairs. Board, transmitting, pursuant to law, the Counsel, National Aeronautics and Space Ad- EC–3080. A communication from the Chair- Board’s Fiscal Year 2010 Annual Report on ministration, transmitting, pursuant to law, man of the Council of the District of Colum- The Notification and Federal Employee the report of a rule entitled ‘‘Boards and bia, transmitting, pursuant to law, a report Antidiscrimination and Retaliation Act of Committees’’ (RIN2700–AD50) received during on D.C. Act 19–106 ‘‘Closing of a Portion of 2002; to the Committee on Homeland Secu- recess of the Senate in the Office of the the Public Alley in Square 5148, S.O. 10–01784, rity and Governmental Affairs. President of the Senate on August 5, 2011; to Act of 2011’’; to the Committee on Homeland EC–3062. A communication from the Assist- the Committee on Homeland Security and Security and Governmental Affairs. ant Administrator for Procurement, Na- Governmental Affairs. EC–3081. A communication from the Chair- tional Aeronautics and Space Administra- EC–3070. A communication from the Direc- man of the Council of the District of Colum- tion, transmitting, pursuant to law, the re- tor of Regulations and Disclosure Law, Cus- bia, transmitting, pursuant to law, a report port of a rule entitled ‘‘Major System Acqui- toms and Border Protection, Department of on D.C. Act 19–107 ‘‘Arthur Capper/ sition; Earned Value Management’’ Homeland Security, transmitting, pursuant Carrollsburg Public Improvements Revenue (RIN2700–AD29) received during recess of the to law, the report of a rule entitled ‘‘Cour- Bonds Temporary Amendment Act of 2011’’; Senate in the Office of the President of the tesy Notice of Liquidation’’ (RIN1515–AD67) to the Committee on Homeland Security and Senate on August 4, 2011; to the Committee received during recess of the Senate in the Governmental Affairs. on Homeland Security and Governmental Af- Office of the President of the Senate on Au- EC–3082. A communication from the Chair- fairs. gust 12, 2011; to the Committee on Homeland man of the Council of the District of Colum- EC–3063. A communication from the Assist- Security and Governmental Affairs. bia, transmitting, pursuant to law, a report ant Administrator for Procurement, Na- EC–3071. A communication from the Senior on D.C. Act 19–108 ‘‘Heights on Georgia Ave- tional Aeronautics and Space Administra- Procurement Analyst, Office of the Sec- nue Development Extension Temporary Act tion, transmitting, pursuant to law, the re- retary, Department of the Interior, trans- of 2011’’; to the Committee on Homeland Se- port of a rule entitled ‘‘NASA Implementa- mitting, pursuant to law, the report of a rule curity and Governmental Affairs. tion of Federal Acquisition Regulation entitled ‘‘Acquisition Regulation Rewrite’’ EC–3083. A communication from the Chair- (FAR) Award Fee Language Revision’’ (RIN1093–AA11) received in the Office of the man of the Council of the District of Colum- (RIN2700–AD69) received during recess of the President of the Senate on September 6, 2011; bia, transmitting, pursuant to law, a report Senate in the Office of the President of the to the Committee on Homeland Security and on D.C. Act 19–109 ‘‘KIPP DC—Shaw Campus Senate on August 4, 2011; to the Committee Governmental Affairs. Property Tax Exemption Temporary Act of on Homeland Security and Governmental Af- EC–3072. A communication from the Senior 2011’’; to the Committee on Homeland Secu- fairs. Procurement Analyst, Office of the Sec- rity and Governmental Affairs. EC–3064. A communication from the Direc- retary, Department of the Interior, trans- EC–3084. A communication from the Chair- tor, Employee Services, Office of Personnel mitting, pursuant to law, the report of a rule man of the Council of the District of Colum- Management, transmitting, pursuant to law, entitled ‘‘Acquisition Regulation Miscella- bia, transmitting, pursuant to law, a report the report of a rule entitled ‘‘Prevailing Rate neous Changes’’ (RIN1093–AA13) received in on D.C. Act 19–111 ‘‘District Department of Systems: Redefinition of the Northeastern the Office of the President of the Senate on Transportation Capital Project Review and Arizona and Southern Colorado Appropriated September 6, 2011; to the Committee on Reconciliation Temporary Act of 2011’’; to Fund Federal Wage System Wage Areas’’ Homeland Security and Governmental Af- the Committee on Homeland Security and (RIN3206–AM33) received during recess of the fairs. Governmental Affairs. Senate in the Office of the President of the EC–3073. A communication from the Chair- EC–3085. A communication from the Chair- Senate on August 22, 2011; to the Committee man of the Council of the District of Colum- man of the Council of the District of Colum- on Homeland Security and Governmental Af- bia, transmitting, pursuant to law, a report bia, transmitting, pursuant to law, a report fairs. on D.C. Act 19–99 ‘‘Athletic Concussion Pro- on D.C. Act 19–119 ‘‘Heat Wave Safety Tem- EC–3065. A communication from the Execu- tection Act of 2011’’; to the Committee on porary Amendment Act of 2011’’; to the Com- tive Secretary, National Labor Relations Homeland Security and Governmental Af- mittee on Homeland Security and Govern- Board, transmitting, pursuant to law, the re- fairs. mental Affairs. port of a rule entitled ‘‘Notification of Em- EC–3074. A communication from the Chair- EC–3086. A communication from the Chair- ployee Rights under the National Labor Re- man of the Council of the District of Colum- man of the Council of the District of Colum- lations Act’’ (RIN3142–AA07) received in the bia, transmitting, pursuant to law, a report bia, transmitting, pursuant to law, a report Office of the President of the Senate on Sep- on D.C. Act 19–100 ‘‘Southeast Federal Cen- on D.C. Act 19–151 ‘‘Distributed Generation tember 6, 2011; to the Committee on Home- ter/Yards Non-Discriminatory Grocery Store Amendment Act of 2011’’; to the Committee land Security and Governmental Affairs. Act of 2011’’; to the Committee on Homeland on Homeland Security and Governmental Af- EC–3066. A communication from the Gen- Security and Governmental Affairs. fairs. eral Counsel, Office of Management and EC–3075. A communication from the Chair- EC–3087. A communication from the Direc- Budget, Executive Office of the President, man of the Council of the District of Colum- tor, Congressional Affairs, Federal Election transmitting, pursuant to law, the report of bia, transmitting, pursuant to law, a report Commission, transmitting, pursuant to law, a rule entitled ‘‘Cost Accounting Standards: on D.C. Act 19–101 ‘‘Closing of Streets and a report relative to revisions of two disclo- Change to the CAS Applicability Threshold Alleys in and adjacent to Squares 4533, 4534, sure forms used by political committees to for the Inflation Adjustment to the Truth in and 4535, S.O. 09–10850, Act of 2011’’; to the report campaign finance activity; to the Negotiations Act Threshold’’ (48 CFR Parts Committee on Homeland Security and Gov- Committee on Rules and Administration. 9901 and 9903) received during recess of the ernmental Affairs. EC–3088. A communication from the Man- Senate in the Office of the President of the EC–3076. A communication from the Chair- agement and Program Analyst, Citizenship Senate on August 29, 2011; to the Committee man of the Council of the District of Colum- and Immigration Services, Department of on Homeland Security and Governmental Af- bia, transmitting, pursuant to law, a report Homeland Security, transmitting, pursuant fairs. on D.C. Act 19–102 ‘‘Brewery Manufacturer’s to law, the report of a rule entitled ‘‘Immi- EC–3067. A communication from the Gen- Tasting Permit Amendment Act of 2011’’; to gration Benefits Business Transformation, eral Counsel, Office of Management and the Committee on Homeland Security and Increment I’’ (RIN1615–AB83) received during Budget, Executive Office of the President, Governmental Affairs. recess of the Senate in the Office of the transmitting, pursuant to law, the report of EC–3077. A communication from the Chair- President of the Senate on August 29, 2011; to a rule entitled ‘‘Elimination of the Exemp- man of the Council of the District of Colum- the Committee on the Judiciary. tion from Cost Accounting Standards for bia, transmitting, pursuant to law, a report EC–3089. A communication from the Fed- Contracts and Subcontracts Executed and on D.C. Act 19–103 ‘‘Closing of a Public Alley eral Register Liaison Officer, Alcohol and Performed Entirely Outside the United in Square 514, S.O. 09–9099, Act of 2011’’; to Tobacco Tax and Trade Bureau, Department States, Its Territories, and Possessions’’ (48 the Committee on Homeland Security and of the Treasury, transmitting, pursuant to CFR part 9903) received during recess of the Governmental Affairs. law, the report of a rule entitled ‘‘Time for Senate in the Office of the President of the EC–3078. A communication from the Chair- Payment of Certain Excise Taxes, and Quar- Senate on August 29, 2011; to the Committee man of the Council of the District of Colum- terly Excise Tax Payments for Small Alco- on Homeland Security and Governmental Af- bia, transmitting, pursuant to law, a report hol Excise Taxpayers’’ (RIN1513–AB43) re- fairs. on D.C. Act 19–104 ‘‘Closing of a Public Alley ceived in the Office of the President of the EC–3068. A communication from the Acting in Square 451, S.O. 11–03672, Act of 2011’’; to Senate on September 6, 2011; to the Com- District of Columbia Auditor, transmitting, the Committee on Homeland Security and mittee on the Judiciary. pursuant to law, a report entitled ‘‘Audit of Governmental Affairs. EC–3090. A communication from the Direc- Funding Agreements Including Contracts, EC–3079. A communication from the Chair- tor, Administrative Office of the United Loans, Grants, and Sub-grants Issued By the man of the Council of the District of Colum- States Courts, transmitting, pursuant to

VerDate Mar 15 2010 04:11 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.064 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5458 CONGRESSIONAL RECORD — SENATE September 8, 2011 law, a report entitled ‘‘Report of the Pro- By Mr. LEAHY, from the Committee on Jennifer Guerin Zipps, of Arizona, to be ceedings of the Judicial Conference of the the Judiciary, with an amendment in the na- United States District Judge for the District United States’’ for the March 2011 session; to ture of a substitute: of Arizona. the Committee on the Judiciary. S. 657. A bill to encourage, enhance, and in- *Nomination was reported with rec- EC–3091. A communication from the Staff tegrate Blue Alert plans throughout the ommendation that it be confirmed sub- Director, United States Commission on Civil United States in order to disseminate infor- Rights, transmitting, pursuant to law, the mation when a law enforcement officer is se- ject to the nominee’s commitment to report of the appointment of members to the riously injured or killed in the line of duty. respond to requests to appear and tes- Oklahoma Advisory Committee; to the Com- By Mrs. BOXER, from the Committee on tify before any duly constituted com- mittee on the Judiciary. Environment and Public Works, without mittee of the Senate. EC–3092. A communication from the Assist- amendment: (Nominations without an asterisk ant Attorney General, Office of Legislative S. 1525. An original bill to extend the au- were reported with the recommenda- Affairs, Department of Justice, transmit- thority of Federal-aid highway programs. ting, pursuant to law, a report entitled ‘‘Re- tion that they be confirmed.) f port of the Attorney General to the Congress f of the United States on the Administration EXECUTIVE REPORTS OF INTRODUCTION OF BILLS AND of the Foreign Agents Registration Act of COMMITTEES 1938, as amended for the six months ending JOINT RESOLUTIONS The following executive reports of December 31, 2010’’; to the Committee on the The following bills and joint resolu- nominations were submitted: Judiciary. tions were introduced, read the first EC–3093. A communication from the Direc- By Mr. JOHNSON of South Dakota, for the and second times by unanimous con- tor of the Regulation Policy and Manage- Committee on Banking, Housing, and Urban ment Office, Veterans Health Administra- Affairs. sent, and referred as indicated: tion, Department of Veterans Affairs, trans- *Anthony Frank D’Agostino, of Maryland, By Mr. GRAHAM: mitting, pursuant to law, the report of a rule to be a Director of the Securities Investor S. 1523. A bill to prohibit the National entitled ‘‘Per Diem Payments for the Care Protection Corporation for a term expiring Labor Relations Board from ordering any Provided to Eligible Veterans Evacuated December 31, 2011. employers to close, relocate, or transfer em- from a State Home as a Result of an Emer- *Anthony Frank D’Agostino, of Maryland, ployment under any circumstance; to the gency’’ (RIN2900–AN63) received in the Office to be a Director of the Securities Investor Committee on Health, Education, Labor, and of the President of the Senate on September Protection Corporation for a term expiring Pensions. 7, 2011; to the Committee on Veterans’ Af- December 31, 2014. By Mr. HATCH: fairs. *Gregory Karawan, of Virginia, to be a Di- S. 1524. A bill to authorize Western States EC–3094. A communication from the Direc- rector of the Securities Investor Protection to make selections of public land within tor of the Regulation Policy and Manage- Corporation for a term expiring December 31, their borders in lieu of receiving 5 percent of ment Office, Veterans Health Administra- 2013. the proceeds of the sale of public land lying tion, Department of Veterans Affairs, trans- *Luis A. Aguilar, of Georgia, to be a Mem- within said States as provided by their re- mitting, pursuant to law, the report of a rule ber of the Securities and Exchange Commis- spective enabling Acts; to the Committee on entitled ‘‘Health Care for Homeless Veterans sion for a term expiring June 5, 2015. Energy and Natural Resources. Program’’ (RIN2900–AN73) received during re- *Daniel M. Gallagher, Jr., of Maryland, to By Mrs. BOXER: cess of the Senate in the Office of the Presi- be a Member of the Securities and Exchange S. 1525. An original bill to extend the au- dent of the Senate on August 22, 2011; to the Commission for a term expiring June 5, 2016. thority of Federal-aid highway programs; Committee on Veterans’ Affairs. *S. Roy Woodall, Jr., of Kentucky, to be a from the Committee on Environment and EC–3095. A communication from the Direc- Member of the Financial Stability Oversight Public Works; placed on the calendar. tor of the Regulation Policy and Manage- Council for a term of six years. By Mrs. GILLIBRAND (for herself and ment Office, Veterans Health Administra- *Martin J. Gruenberg, of Maryland, to be a Mr. JOHANNS): tion, Department of Veterans Affairs, trans- Member of the Board of Directors of the Fed- S. 1526. A bill to amend the Internal Rev- mitting, pursuant to law, the report of a rule eral Deposit Insurance Corporation for a enue Code of 1986 to provide a tax incentive entitled ‘‘Expansion of State Home Care for term expiring December 27, 2018. for the installation and maintenance of me- Parents of a Child Who Died While Serving *Martin J. Gruenberg, of Maryland, to be chanical insulation property; to the Com- in the Armed Forces’’ (RIN2900–AN96) re- Chairperson of the Board of Directors of the mittee on Finance. ceived during recess of the Senate in the Of- Federal Deposit Insurance Corporation for a By Mrs. HAGAN (for herself, Mr. BURR, fice of the President of the Senate on August term of five years. Mr. BLUMENTHAL, Mr. ROBERTS, Mr. 19, 2011; to the Committee on Veterans’ Af- *Thomas J. Curry, of Massachusetts, to be SCHUMER, Mr. LIEBERMAN, Mrs. FEIN- fairs. Comptroller of the Currency for a term of STEIN, Mrs. MCCASKILL, Mr. UDALL of EC–3096. A communication from the Direc- five years. Colorado, Ms. LANDRIEU, Mr. BROWN tor of the Regulation Policy and Manage- By Mr. LEAHY for the Committee on the of Ohio, Mr. NELSON of Florida, Mrs. ment Office, Veterans Health Administra- Judiciary. BOXER, and Mr. GRAHAM): tion, Department of Veterans Affairs, trans- Morgan Christen, of Alaska, to be United S. 1527. A bill to authorize the award of a mitting, pursuant to law, the report of a rule States Circuit Judge for the Ninth Circuit. Congressional gold medal to the Montford S. Amanda Marshall, of Oregon, to be entitled ‘‘Technical Revisions to Conform to Point Marines of World War II; to the Com- United States Attorney for the District of the Caregivers and Veterans Omnibus Health mittee on Banking, Housing, and Urban Af- Oregon for the term of four years. Services Act of 2010’’ (RIN2900–AN85) re- fairs. John Malcolm Bales, of Texas, to be United ceived during recess of the Senate in the Of- By Mr. JOHANNS (for himself, Mr. States Attorney for the Eastern District of fice of the President of the Senate on August GRASSLEY, Mr. LUGAR, Mr. BOOZMAN, 19, 2011; to the Committee on Veterans’ Af- Texas for the term of four years. Kenneth Magidson, of Texas, to be United Mr. ROBERTS, Mr. VITTER, Mr. KIRK, fairs. Mr. INHOFE, Mr. PAUL, Mr. JOHNSON EC–3097. A communication from the Direc- States Attorney for the Southern District of of Wisconsin, Mr. SESSIONS, Mr. tor of the Regulation Policy and Manage- Texas for the term of four years. THUNE, Mr. ENZI, Mr. MORAN, Mr. ment Office, Veterans Health Administra- Robert Lee Pitman, of Texas, to be United ISAKSON, Mr. BLUNT, Mr. HOEVEN, Mr. tion, Department of Veterans Affairs, trans- States Attorney for the Western District of CHAMBLISS, Mr. NELSON of Nebraska, mitting, pursuant to law, the report of a rule Texas for the term of four years. and Mrs. MCCASKILL): entitled ‘‘Rules Governing Hearings Before Sarah Ruth Saldana, of Texas, to be United States Attorney for the Northern District of S. 1528. A bill to amend the Clean Air Act the Agency of Original Jurisdiction and the to limit Federal regulation of nuisance dust Board of Veterans’ Appeals; Clarification’’ Texas for the term of four years. Edward M. Spooner, of Florida, to be in areas in which that dust is regulated (RIN2900–AO06) received during recess of the under State, tribal, or local law, to establish Senate in the Office of the President of the United States Marshal for the Northern Dis- trict of Florida for the term of four years. a temporary prohibition against revising any Senate on August 22, 2011; to the Committee national ambient air quality standard appli- on Veterans’ Affairs. Scott Wesley Skavdahl, of Wyoming, to be United States District Judge for the District cable to coarse particulate matter, and for f of Wyoming. other purposes; to the Committee on Envi- REPORTS OF COMMITTEES Sharon L. Gleason, of Alaska, to be United ronment and Public Works. States District Judge for the District of By Mrs. GILLIBRAND: The following reports of committees Alaska. S. 1529. A bill to require the Secretary of were submitted: Yvonne Gonzalez Rogers, of California, to Agriculture to protect against foodborne ill- By Mr. INOUYE, from the Committee on be United States District Judge for the nesses, provide enhanced notification of re- Appropriations: Northern District of California. called meat, poultry, eggs, and related food Special Report entitled ‘‘Allocation to Richard G. Andrews, of Delaware, to be products, and for other purposes; to the Com- Subcommittees of Budget Totals for Fiscal United States District Judge for the District mittee on Agriculture, Nutrition, and For- Year 2012’’ (Rept. No. 112–76). of Delaware. estry.

VerDate Mar 15 2010 04:11 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.065 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5459 By Mr. JOHANNS (for himself, Mr. ISAKSON) was added as a cosponsor of S. S. 1094 BARRASSO, Ms. COLLINS, Mr. INHOFE, 217, a bill to amend the National Labor At the request of Mr. MENENDEZ, the Ms. SNOWE, Mr. PAUL, Mr. JOHNSON of Relations Act to ensure the right of name of the Senator from Rhode Island Wisconsin, Mr. GRASSLEY, and Mr. employees to a secret ballot election (Mr. REED) was added as a cosponsor of ENZI): S. 1530. A bill to amend chapter 8 of title conducted by the National Labor Rela- S. 1094, a bill to reauthorize the Com- 15, United States Code, to provide for con- tions Board. bating Autism Act of 2006 (Public Law gressional review of agency guidance docu- S. 260 109–416). ments; to the Committee on Homeland Secu- At the request of Mr. NELSON of Flor- S. 1214 rity and Governmental Affairs. ida, the name of the Senator from Vir- At the request of Mrs. GILLIBRAND, By Mr. JOHANNS (for himself, Mr. ginia (Mr. WARNER) was added as a co- the name of the Senator from Ohio MCCAIN, Mr. INHOFE, Mr. PAUL, Mr. sponsor of S. 260, a bill to amend title (Mr. BROWN) was added as a cosponsor JOHNSON of Wisconsin, Mr. GRASSLEY, of S. 1214, a bill to amend title 10, Mr. THUNE, Mr. BARRASSO, and Mr. 10, United States Code, to repeal the ENZI): requirement for reduction of survivor United States Code, regarding restric- S. 1531. A bill to provide a Federal regu- annuities under the Survivor Benefit tions on the use of Department of De- latory moratorium, and for other purposes; Plan by veterans’ dependency and in- fense funds and facilities for abortions. to the Committee on Homeland Security and demnity compensation. S. 1239 Governmental Affairs. S. 341 At the request of Mr. CASEY, the By Mr. BLUMENTHAL (for himself and names of the Senator from New York Mr. BEGICH): At the request of Mr. BROWN of Mas- S. 1532. A bill to amend the Budget Control sachusetts, the name of the Senator (Mrs. GILLIBRAND), the Senator from Act of 2011 to require the joint select com- from Wyoming (Mr. BARRASSO) was New Jersey (Mr. MENENDEZ), the Sen- mittee of Congress to report findings and added as a cosponsor of S. 341, a bill to ator from Connecticut (Mr. LIEBERMAN) propose legislation to restore the Nation’s require the rescission or termination of and the Senator from Alaska (Mr. workforce to full employment over the pe- Federal contracts and subcontracts BEGICH) were added as cosponsors of S. riod of fiscal years 2012 and 2013; to the Com- with enemies of the United States. 1239, a bill to provide for a medal of ap- mittee on the Budget. propriate design to be awarded by the S. 387 By Mr. BLUMENTHAL (for himself and President to the memorials established Mr. BEGICH): At the request of Mrs. BOXER, the S. 1533. A bill to amend the Budget Control names of the Senator from Pennsyl- at the 3 sites honoring the men and women who perished as a result of the Act of 2011 to require the joint select com- vania (Mr. CASEY) and the Senator mittee of Congress to report findings and terrorist attacks on the United States from Virginia (Mr. WARNER) were added propose legislation to restore the Nation’s on September 11, 2001. as cosponsors of S. 387, a bill to amend workforce to full employment over the pe- S. 1248 riod of fiscal years 2012 and 2013; to the Com- title 37, United States Code, to provide flexible spending arrangements for At the request of Mr. CORNYN, his mittee on the Budget. name was added as a cosponsor of S. By Mr. NELSON of Florida: members of uniformed services, and for 1248, a bill to prohibit the consider- S. 1534. A bill to prevent identity theft and other purposes. tax fraud; to the Committee on Finance. ation of any bill by Congress unless the S. 598 By Mr. BLUMENTHAL: authority provided by the Constitution At the request of Mrs. FEINSTEIN, the S. 1535. A bill to protect consumers by of the United States for the legislation mitigating the vulnerability of personally name of the Senator from Maryland can be determined and is clearly speci- identifiable information to theft through a (Ms. MIKULSKI) was added as a cospon- fied. security breach, providing notice and rem- sor of S. 598, a bill to repeal the De- S. 1263 edies to consumers in the wake of such a fense of Marriage Act and ensure re- At the request of Mr. KOHL, the name breach, holding companies accountable for spect for State regulation of marriage. preventable breaches, facilitating the shar- of the Senator from New York (Mr. S. 603 ing of post-breach technical information be- SCHUMER) was added as a cosponsor of tween companies, and enhancing criminal At the request of Mr. NELSON of Flor- S. 1263, a bill to encourage, enhance, and civil penalties and other protections ida, the name of the Senator from New and integrate Silver Alert plans against the unauthorized collection or use of Jersey (Mr. MENENDEZ) was added as a throughout the United States and for personally identifiable information; to the cosponsor of S. 603, a bill to modify the other purposes. Committee on the Judiciary. prohibition on recognition by United S. 1288 By Mr. PAUL: States courts of certain rights relating At the request of Mr. ROBERTS, the S.J. Res. 27. A joint resolution dis- to certain marks, trade names, or com- approving a rule submitted by the Environ- name of the Senator from North Da- mental Protection Agency relating to the mercial names. kota (Mr. CONRAD) was added as a co- mitigation by States of cross-border air pol- S. 657 sponsor of S. 1288, a bill to exempt cer- lution under the Clean Air Act; to the Com- At the request of Mr. CARDIN, the tain class A CDL drivers from the re- mittee on Environment and Public Works. names of the Senator from California quirement to obtain a hazardous mate- f (Mrs. FEINSTEIN) and the Senator from rial endorsement while operating a New York (Mr. SCHUMER) were added as SUBMISSION OF CONCURRENT AND service vehicle with a fuel tank con- cosponsors of S. 657, a bill to encour- SENATE RESOLUTIONS taining 3,785 liters (1,000 gallons) or age, enhance, and integrate Blue Alert less of diesel fuel. The following concurrent resolutions plans throughout the United States in S. 1335 and Senate resolutions were read, and order to disseminate information when At the request of Mr. INHOFE, the referred (or acted upon), as indicated: a law enforcement officer is seriously names of the Senator from New Hamp- By Ms. MURKOWSKI (for herself, Mr. injured or killed in the line of duty. shire (Ms. AYOTTE), the Senator from JOHNSON of South Dakota, and Mr. S. 815 South Carolina (Mr. DEMINT) and the BEGICH): S. Res. 259. A resolution designating Sep- At the request of Ms. SNOWE, the Senator from Nevada (Mr. HELLER) tember 9, 2011, as ‘‘National Fetal Alcohol name of the Senator from Montana were added as cosponsors of S. 1335, a Spectrum Disorders Awareness Day’’; consid- (Mr. TESTER) was added as a cosponsor bill to amend title 49, United States ered and agreed to. of S. 815, a bill to guarantee that mili- Code, to provide rights for pilots, and By Mr. WEBB (for himself and Mr. tary funerals are conducted with dig- for other purposes. WARNER): nity and respect. S. 1369 S. Res. 260. A resolution commemorating S. 933 the 75th anniversary of the dedication of At the request of Mr. CRAPO, the Shenandoah National Park; considered and At the request of Mr. SCHUMER, the name of the Senator from New Hamp- agreed to. name of the Senator from Minnesota shire (Mrs. SHAHEEN) was added as a co- f (Ms. KLOBUCHAR) was added as a co- sponsor of S. 1369, a bill to amend the sponsor of S. 933, a bill to amend the Federal Water Pollution Control Act to ADDITIONAL COSPONSORS Internal Revenue Code of 1986 to extend exempt the conduct of silvicultural ac- S. 217 and increase the exclusion for benefits tivities from national pollutant dis- At the request of Mr. DEMINT, the provided to volunteer firefighters and charge elimination system permitting name of the Senator from Georgia (Mr. emergency medical responders. requirements.

VerDate Mar 15 2010 04:11 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.068 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5460 CONGRESSIONAL RECORD — SENATE September 8, 2011 S. 1438 of S. 1522, a bill to establish a joint se- to establish a temporary prohibition At the request of Mr. JOHNSON of Wis- lect committee of Congress to report against revising any national ambient consin, the name of the Senator from findings and propose legislation to re- air quality standard applicable to Missouri (Mr. BLUNT) was added as a store the Nation’s workforce to full coarse particulate matter, and for cosponsor of S. 1438, a bill to provide employment over the period of fiscal other purposes; to the Committee on that no agency may take any signifi- years 2012 and 2013, and to provide for Environment and Public Works. cant regulatory action until the unem- expedited consideration of such legisla- Mr. JOHANNS. Mr. President, I have ployment rate is equal to or less than tion by both the House of Representa- come to the floor many times, as we all 7.7 percent. tives and the Senate. do, to discuss issues that are important S. 1440 S.J. RES. 25 to our States, in my case the State of Nebraska, on issues that are important At the request of Mr. ALEXANDER, the At the request of Mr. CRAPO, his name of the Senator from Indiana (Mr. name was added as a cosponsor of S.J. for our Nation. Many times those com- ments deal with what seems to be the LUGAR) was added as a cosponsor of S. Res. 25, a joint resolution relating to constant regulatory assault on our Na- 1440, a bill to reduce preterm labor and the disapproval of the President’s exer- tion’s job creators. delivery and the risk of pregnancy-re- cise of authority to increase the debt In meetings across Nebraska—and I limit, as submitted under section 3101A lated deaths and complications due to did 15 townhall meetings in August— of title 31, United States Code, on Au- pregnancy, and to reduce infant mor- the second and third questions I often gust 2, 2011. tality caused by prematurity. got, if not the very first, concerned the S. 1468 S. RES. 251 regulatory burden our Federal agencies At the request of Mrs. SHAHEEN, the At the request of Mr. CARPER, the are placing on our job creators. name of the Senator from North Caro- name of the Senator from Massachu- This administration has generated lina (Mrs. HAGAN) was added as a co- setts (Mr. KERRY) was added as a co- nothing short of a mountain of redtape, sponsor of S. 1468, a bill to amend title sponsor of S. Res. 251, a resolution ex- including hundreds of new regulations. XVIII of the Social Security Act to im- pressing support for improvement in Of these, at least 219 have been cat- prove access to diabetes self-manage- the collection, processing, and con- egorized as significant. What that ment training by authorizing certified sumption of recyclable materials means is they will cost more than $100 diabetes educators to provide diabetes throughout the United States. million per year, $100 million taken out self-management training services, in- S. RES. 253 of our economy to finance regulation. cluding as part of telehealth services, At the request of Mr. HOEVEN, the The administration doesn’t even dis- under part B of the Medicare program. name of the Senator from Alabama pute the mountain of redtape, nor does S. 1472 (Mr. SESSIONS) was added as a cospon- it dispute the size of the mountain that At the request of Mrs. GILLIBRAND, sor of S. Res. 253, a resolution desig- is created. the name of the Senator from Arizona nating October 26, 2011, as ‘‘Day of the In a letter from the President to (Mr. MCCAIN) was added as a cosponsor Deployed’’. Speaker BOEHNER, the White House of S. 1472, a bill to impose sanctions on AMENDMENT NO. 599 identified seven regulations on its persons making certain investments At the request of Mr. COBURN, the agenda, each costing not $100 million that directly and significantly con- names of the Senator from Utah (Mr. but at least $1 billion per year. These tribute to the enhancement of the abil- HATCH), the Senator from Texas (Mr. costs take important capital out of our ity of Syria to develop its petroleum CORNYN), the Senator from Utah (Mr. economy. These costs weigh on our job resources, and for other purposes. LEE), the Senator from Missouri (Mr. creators. These costs punish the little BLUNT), the Senator from New Hamp- guy, and there is no doubt about it. S. 1477 This mountain is so massive, the ad- shire (Ms. AYOTTE), the Senator from At the request of Mr. ROBERTS, the ministration has had to expand the Kentucky (Mr. PAUL), the Senator from name of the Senator from Mississippi Federal workforce itself to write the South Dakota (Mr. THUNE) and the (Mr. COCHRAN) was added as a cospon- regulations and to enforce them. Em- Senator from Washington (Ms. CANT- sor of S. 1477, a bill to require the Ad- ployment at Federal agencies is up 13 WELL) were added as cosponsors of ministrator of the Federal Aviation percent since President Obama took of- amendment No. 599 proposed to H.R. Administration to prevent the dissemi- fice. nation to the public of certain informa- 1249, a bill to amend title 35, United With unemployment in excess of 9 tion with respect to noncommercial States Code, to provide for patent re- percent, and underemployment greater flights of private aircraft owners and form. than that, this administration is ex- operators. AMENDMENT NO. 600 panding the size of government to fuel S. 1493 At the request of Mr. SESSIONS, the more job-suppressing restrictions, and name of the Senator from California At the request of Ms. MIKULSKI, the it makes no sense. It makes no sense to name of the Senator from Wisconsin (Mrs. BOXER) was added as a cosponsor me as an individual Senator, but it of amendment No. 600 proposed to H.R. (Mr. KOHL) was added as a cosponsor of makes no sense to the people of Ne- S. 1493, a bill to provide compensation 1249, a bill to amend title 35, United braska. to relatives of Foreign Service mem- States Code, to provide for patent re- For this reason, I am introducing leg- bers killed in the line of duty and the form. islation with the senior Senator from relatives of United States citizens who f Arizona to press the pause button on were killed as a result of the bombing STATEMENTS ON INTRODUCED this massive wave of redtape before it of the United States Embassy in Kenya BILLS AND JOINT RESOLUTIONS engulfs our very economy. on August 7, 1998, and for other pur- Our legislation is very straight- By Mr. JOHANNS (for himself, poses. forward. It says: Our small businesses Mr. GRASSLEY, Mr. LUGAR, Mr. are getting crushed; our citizens can’t S. 1521 BOOZMAN, Mr. ROBERTS, Mr. find jobs. Freeze the regulatory on- At the request of Mrs. GILLIBRAND, VITTER, Mr. KIRK, Mr. INHOFE, slaught through 2013. the name of the Senator from Vermont Mr. PAUL, Mr. JOHNSON of Wis- But our work simply cannot stop (Mr. SANDERS) was added as a cospon- consin, Mr. SESSIONS, Mr. there. We also need some targeted reg- sor of S. 1521, a bill to provide assist- THUNE, Mr. ENZI, Mr. MORAN, ulatory reforms to rein in government ance for agricultural producers ad- Mr. ISAKSON, Mr. BLUNT, Mr. bureaucracies that are simply out of versely affected by damaging weather HOEVEN, Mr. CHAMBLISS, Mr. control. Thus, I will also be intro- and other conditions relating to Hurri- NELSON of Nebraska, and Mrs. ducing two other pieces of additional cane Irene. MCCASKILL): legislation today to help temper the S. 1522 S. 1528. A bill to amend the Clean Air endless quest for additional power, ju- At the request of Mr. BLUMENTHAL, Act to limit regulation of nuisance risdiction and, therefore, regulation. the name of the Senator from Illinois dust in areas in which that dust is reg- The first one would close a loophole (Mr. DURBIN) was added as a cosponsor ulated under State, tribal, or local law, that allows agencies to grab power

VerDate Mar 15 2010 04:11 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.070 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5461 without opportunity for Congressional ‘‘abandon any further action on this I urge my colleagues to cosponsor review. guidance document.’’ This is a very sig- these important efforts. I urge the Under the current state of the law, nificant concern. This guidance docu- White House to support us. The run- the Congressional Review Act permits ment also has shown us that there is a away train of regulation is weighing Congress to use special procedures to huge loophole through which agencies down on America’s ingenuity and job step in and to disapprove of agency can circumvent the rulemaking process creation. It is time to unshackle Amer- rules. However, in this administration, in its entirety, as well as circum- ican workers with these commonsense venting congressional intent in order agencies have recently chosen to use reforms. what they call ‘‘guidance documents’’ to expand Federal power. instead of rules to achieve their policy The legislation I introduced today I yield the floor. preferences and to expand their power. closes the loophole. It amends the Con- The PRESIDING OFFICER (Mr. I am troubled by this trend because gressional Review Act to cover both BEGICH). The Senator from Tennessee. their efforts appear to deliberately and traditional rules and guidance docu- Mr. ALEXANDER. Mr. President I intentionally circumvent American ments—no more end run around Con- congratulate the Senator from Ne- law specifically crafted to protect citi- gress. Consequently, agencies would be zens from aggressive bureaucracies. We on notice that the loophole through braska on his typically commonsense, have an example, but there are many. I which they intend to circumvent our reasonable presentation about how we wish to use this one. will and the will of the American pub- might take steps to deal with the I am talking about a guidance docu- lic is now a closed door. In other words, smothering regulations that are put- ment issued jointly by EPA and the citizens would have another layer of ting a big wet blanket on job growth in Army Corps of Engineers on May 2 of protection from agencies seeking to this country, and the idea of a timeout this year. It is very recent. The guid- unfairly expand Federal jurisdiction. to stop the avalanche of new regula- ance documents’s goal is clear—to ex- Finally, today I am introducing the tions makes sense. Farm dust—the idea pand Federal power over waterways. Farm Dust Regulation Prevention Act. of regulating farm dust makes no But don’t take my word for it. Ac- Farmers and ranchers across this Na- sense. Slowing down the ability of Fed- tion are concerned about the EPA’s ef- cording to the EPA’s own analysis, the eral agencies to get around the regu- forts to regulate dust. Despite what the guidance would significantly expand latory process by issuing guidance, the waters of the United States subject administrator is saying in farm coun- try, EPA is still in the midst of their that is commonsense. These are three to Federal control and regulation. sensible steps that would help create The Midwestern Farm Bureau has review of the National Ambient Air Quality Standards for Particulate Mat- an environment that would make it said the guidance ‘‘defines jurisdiction easier and cheaper for job creators to in the broadest way possible.’’ ter or, put simply, ‘‘farm dust.’’ In This is a page straight out of this ad- rural America, farm dust is a fact of create private sector jobs in this coun- ministration’s playbook. If their policy life. I grew up on a farm. It is dusty try and I congratulate the Senator goal is rejected by Congress, they use there. We kick it up while driving on from Nebraska for his comments. their regulatory power to accomplish unpaved roads or working in farm their agenda any way they can. Stretch fields. Farm dust has long been consid- By Mr. NELSON of Florida: the law, ignore the law, claim that the ered to have no health concern at am- S. 1534. A bill to prevent identity statute is too ambiguous, circumvent bient levels. However, EPA is consid- theft and tax fraud; to the Committee it, put out a guidance document to in- ering bringing down the hammer by on Finance. ratcheting down that standard to a terpret it. That is exactly what they Mr. NELSON of Florida. Mr. Presi- are doing. We have seen this playbook level that would be economically dev- dent, today I am filing legislation used over and over by this administra- astating for many in our rural areas. aimed at stopping criminals from filing tion and its Federal agencies. That defies common sense. They should have gotten the message To restore common sense to these fraudulent tax returns with stolen So- after an unsuccessful attempt during burdensome job-threatening regula- cial Security numbers. the last Congress to vastly expand tions and to give certainty to rural Specifically, the bill unveiled today their jurisdiction over virtually all America, I am introducing this legisla- would make it a felony punishable by tion. The bill simply says no to EPA waters, from irrigation ditches to farm as much as five years in Federal prison regulating dust in rural America. Yet ponds. But like a child that hears ‘‘no’’ and/or a fine of no less than $25,000 for it maintains the protections of the from his parents, they jumped ahead, using another’s Social Security num- the administration went ahead anyway Clean Air Act to public health. It pro- vides immediate certainty to farmers ber or other identifiable information to through this guidance document. file a federal tax return and increases As the North Dakota Farm Bureau in rural areas by preventing revision of the current dust standard for a year. penalties for negligent or reckless dis- president described it, the EPA’s guid- closure of taxpayer information by tax ance is an end run around Congress, Afterward, EPA could regulate farm dust but only if they followed a sci- preparers; require the IRS to develop a and I am quoting: nationwide PIN system in which iden- If you can’t get what you want with Con- entific standard. First, they would gress’ blessing, make an end-run around need to show scientific evidence of sub- tity theft victims can receive a pin them. That seems to be what is happening stantial adverse health effects caused number to put on their tax return; and, here. And make no mistake. If this guidance by dust. Thus far, the strongest the allow identity theft victims to ‘‘opt- is adopted, EPA could regulate any or all EPA can conjure up in terms of science out’’ of electronic filing of their Fed- waters found within a State, no matter how is to say it is ‘‘uncertain.’’ Second, eral tax returns; protect Social Secu- small or seemingly unconnected to a Federal EPA would need to show that the ben- rity numbers of deceased taxpayers by interest. efit of additional regulation outweighs restricting public access to the records; The agencies could not convince Con- economic costs. These are common- direct an investigation by the Treasury gress to change the law. So now what is sense standards. Yet the EPA has un- Inspector General for Tax Administra- happening? The same goal is being pur- fortunately been unable to see the tion to examine the role of prepaid sued in a different way that bypasses light, making this legislation nec- debt cards and commercial tax soft- us. Notably, both the House and the essary. ware in facilitating fraudulent tax re- Senate have expressed strong concern These are three commonsense regu- about this guidance document. Twenty latory reforms that are sorely needed: funds; and permanently extend the in- Senators sent a letter noting that it a 2-year moratorium on job-con- formation-sharing authority between represents a dramatic expansion of straining regulations; No. 2, making the IRS and Federal and state correc- Federal power over private land. agency guidance documents subject to tion authorities needed to prevent in- In another letter, 41 Senators as- a simple up-or-down vote by Congress; mate tax fraud and require the agency serted that making changes to the and stopping the ill-advised farm dust to work specifically with state and scope of the agency’s activities regulation. They would provide much local law enforcement officials on through guidance instead of through certainty and relief for our Nation’s criminal investigative matters that in- rulemaking is ‘‘fundamentally unfair.’’ job creators and our American work- volve violations at Federal and State This letter requested the agencies ers. or local level.

VerDate Mar 15 2010 05:25 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.026 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5462 CONGRESSIONAL RECORD — SENATE September 8, 2011 Mr. President, I ask unanimous con- than $10,000,000 to the ‘‘Enforcement’’ ac- shall pay a penalty of $1,000 for each such sent that the text of the bill be printed count of the Internal Revenue Service from disclosure or use, but the total amount im- in the RECORD. amounts appropriated to other Internal Rev- posed under this subsection on such a person There being no objection, the text of enue Service accounts. Any amounts so for any calendar year shall not exceed transferred shall be used solely for the pur- $50,000. the bill was ordered to be printed in poses of preventing and resolving potential (d) EXEMPTION FROM FREEDOM OF INFORMA- the RECORD, as follows: cases of tax fraud. TION ACT REQUIREMENT WITH RESPECT TO S. 1534 SEC. 6. LOCAL LAW ENFORCEMENT LIAISON. CERTAIN RECORDS OF DECEASED INDIVID- Be it enacted by the Senate and House of Rep- (a) ESTABLISHMENT.—The Commissioner of UALS.— resentatives of the United States of America in Internal Revenue shall establish within the (1) IN GENERAL.—The Social Security Ad- Congress assembled, Criminal Investigation Division of the Inter- ministration shall not be compelled to dis- SECTION 1. SHORT TITLE. nal Revenue Service the position of Local close to any person who is not certified This Act may be cited as the ‘‘Identify Law Enforcement Liaison. under the program established under section Theft and Tax Fraud Prevention Act’’. (b) DUTIES.—The Local Law Enforcement 9(b) the information described in section SEC. 2. CRIMINAL PENALTY FOR USING A FALSE Liaison shall— 9(a). IDENTITY IN CONNECTION WITH TAX (1) coordinate the investigation of tax (2) TREATMENT OF INFORMATION.—For pur- FRAUD. fraud with State and local law enforcement poses of section 552 of title 5, United States (a) IN GENERAL.—Section 7207 of the Inter- agencies; Code, this section shall be considered a stat- nal Revenue Code of 1986 is amended— (2) communicate the status of tax fraud ute described in subsection (b)(3)(B) of such (1) by striking ‘‘Any person who willfully’’ cases involving identity theft, and section 552. and inserting the following: (3) carry out such other duties as delegated SEC. 10. EXTENSION OF AUTHORITY TO DISCLOSE ‘‘(a) IN GENERAL.—Any person who will- by the Commissioner of Internal Revenue. CERTAIN RETURN INFORMATION TO fully’’, SEC. 7. REPORT ON TAX FRAUD. PRISON OFFICIALS. (2) by striking ‘‘Any person required’’ and Subsection (a) of section 7803 of the Inter- (a) IN GENERAL.—Section 6103(k)(10) of the inserting the following: nal Revenue Code of 1986 is amended by add- Internal Revenue Code of 1986 is amended by ‘‘(b) INFORMATION IN CONNECTION WITH CER- ing at the end the following new paragraph: striking subparagraph (D). TAIN EXEMPT ORGANIZATIONS.—Any person ‘‘(4) ANNUAL REPORT ON TAX FRAUD.—The (b) REPORT FROM FEDERAL BUREAU OF required’’, and Commissioner shall submit to the Com- PRISONS.—Not later than 6 months after the (3) by adding at the end the following: mittee on Finance of the Senate and the date of the enactment of this Act, the head ‘‘(c) MISAPPROPRIATION OF IDENTITY.—Any Committee on Ways and Means of the House of the Federal Bureau of Prisons shall sub- person who knowingly or willfully misappro- or Representatives an annual report detail- mit to Congress a detailed plan on how it priates another person’s tax identification ing— will use the information provided from the number in connection with any list, return, ‘‘(A) the number of reports of tax fraud and Secretary of Treasury under section account, statement, or other document sub- suspected tax fraud received from State and 6103(k)(10) of the Internal Revenue Code of mitted to the Secretary shall be fined not local law enforcement agencies in the pre- 1986 to reduce prison tax fraud. less than $25,000 ($200,000 in the case of a cor- ceding year, and (c) SENSE OF SENATE REGARDING STATE poration), or imprisoned not more than 5 ‘‘(B) the actions taken in response to such PRISON AUTHORITIES.—It is the sense of the years, or both, together with the costs of reports.’’. Senate that the heads of State agencies charged with the administration of prisons prosecution.’’. SEC. 8. STUDY ON THE USE OF PREPAID DEBIT (b) EFFECTIVE DATE.—The amendments CARDS AND COMMERCIAL TAX should — made by this section shall apply to returns PREPARATION SOFTWARE IN TAX (1) develop plans for using the information and information submitted after the date of FRAUD. provided by the Secretary of Treasury under the enactment of this Act. (a) IN GENERAL.—The Comptroller General section 6103(k)(10) of the Internal Revenue SEC. 3. INCREASED PENALTY FOR IMPROPER shall conduct a study to examine the role of Code of 1986 to reduce prison tax fraud, and DISCLOSURE OR USE OF INFORMA- prepaid debit cards and commercial tax prep- (2) coordinate with the Internal Revenue TION BY PREPARERS OF RETURNS. aration software in facilitating fraudulent Service with respect to the use of such infor- (a) IN GENERAL.—Section 6713(a) of the In- tax returns through identity theft. mation. ternal Revenue Code of 1986 is amended— (b) REPORT.—Not later than 1 year after SEC. 11. TREASURY REPORT ON INFORMATION (1) by striking ‘‘$250’’ and inserting the date of the enactment of this Act, the SHARING BARRIERS WITH RESPECT ‘‘$1,000’’, and Comptroller General shall submit to the TO IDENTITY THEFT. (2) by striking ‘‘$10,000’’ and inserting Committee on Finance of the Senate and the (a) REVIEW.— ‘‘$50,000’’. Committee on Ways and Means of the House (1) IN GENERAL.—The Secretary of the (b) CRIMINAL PENALTY.—Section 7216(a) of of Representatives a report with the results Treasury (or the Secretary’s delegate) shall the Internal Revenue Code of 1986 is amended of the study conducted under subsection (a), review whether current federal tax laws and by striking ‘‘$1,000’’ and inserting ‘‘$100,000’’. together with any recommendations. regulations related to the confidentiality (c) EFFECTIVE DATE.—The amendments SEC. 9. RESTRICTION ON ACCESS TO THE DEATH and disclosure of return information prevent made by this section shall apply to disclo- MASTER FILE. the effective enforcement of local, State, and sures or uses after the date of the enactment (a) IN GENERAL.—The Secretary of Com- federal identity theft statutes. The review of this Act. merce shall not disclose information con- shall consider whether greater information SEC. 4. PIN SYSTEM FOR PREVENTION OF IDEN- tained on the Death Master File to any per- sharing between the Internal Revenue Serv- TITY THEFT TAX FRAUD. son with respect to any individual who has ice and State and local law enforcement au- (a) IN GENERAL.—Not later than 1 year died at any time during the calendar year in thorities would improve the enforcement of after the date of the enactment of this Act, which the request for disclosure is made or criminal laws at all levels of government. the Secretary of the Treasury (or the Sec- the succeeding calendar year unless such (2) CONSULTATION.—In conducting the re- retary’s delegate) shall implement an iden- person is certified under the program estab- view under paragraph (1), the Secretary shall tify theft tax fraud prevention program lished under subsection (b). solicit the views of, and consult with, State under which— (b) CERTIFICATION PROGRAM.— and local law enforcement officials. (1) a person who has filed an identity theft (1) IN GENERAL.—The Secretary of Com- (b) REPORT.—Not later than 180 days after affidavit with the Secretary may elect— merce shall establish a program to certify the date of enactment of this Act, the Sec- (A) to be provided with a unique personal persons who are eligible to access the infor- retary shall submit a report with the results identification number to be included on any mation described in subsection (a) contained of the review conducted under subsection (a), Federal tax return filed by such person, or on the Death Master File. along with any legislative recommendations, (B) to prevent the processing of any Fed- (2) CERTIFICATION.—A person shall not be to the Committee on Finance of the Senate eral tax return submitted in an electronic certified under the program established and the Committee on Ways and Means of format by a person purporting to be such under paragraph (1) unless the Secretary de- the House of Representatives. person, and termines that such person has a legitimate f (2) the Secretary will provide additional fraud prevention interest in accessing the in- identity verification safeguards for the proc- formation described in subsection (a). SUBMITTED RESOLUTIONS essing of any Federal tax return filed by a (c) IMPOSITION OF PENALTY.—Any person person described in paragraph (1) in cases who is certified under the program estab- where a unique personal identification num- lished under subsection (b), who receives in- SENATE RESOLUTION 259—DESIG- ber is not included on the return. formation described in subsection (a), and NATING SEPTEMBER 9, 2011, AS SEC. 5. AUTHORITY TO TRANSFER INTERNAL who during the period of time described in ‘‘NATIONAL FETAL ALCOHOL REVENUE SERVICE APPROPRIA- subsection (a)— SPECTRUM DISORDERS AWARE- TIONS TO USE FOR TAX FRAUD EN- (1) discloses such information to any other NESS DAY’’ FORCEMENT. person, or For any fiscal year, the Commissioner of (2) uses any such information for any pur- Ms. MURKOWSKI (for herself, Mr. Internal Revenue may transfer not more pose other than to detect or prevent fraud, JOHNSON of South Dakota, and Mr.

VerDate Mar 15 2010 04:11 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.072 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5463 BEGICH) submitted the following reso- SENATE RESOLUTION 260—COM- 4174), and Shenandoah National Park, an in- lution; which was considered and MEMORATING THE 75TH ANNI- tegral partner in that endeavor, provides visitors with outstanding views of pristine, agreed to: VERSARY OF THE DEDICATION OF SHENANDOAH NATIONAL natural landscapes that are vital to the Civil S. RES. 259 War legacy; PARK Whereas Shenandoah National Park also Whereas the term ‘‘fetal alcohol spectrum Mr. WEBB (for himself and Mr. WAR- protects intangible resources, including as- disorders’’ includes a broader range of condi- NER) submitted the following resolu- pects of the heritage of the people of the tions than the term ‘‘fetal alcohol syn- United States through the rigorous commit- drome’’ and therefore has replaced the term tion; which was considered and agreed to: ments of the Civilian Conservation Corps and ‘‘fetal alcohol syndrome’’ as the umbrella the advancement of Civil Rights as Shen- S. RES. 260 term describing the range of effects that can andoah’s ‘‘separate but equal’’ facilities be- occur in an individual whose mother drank Whereas the 75th anniversary of the dedi- came the first to desegregate in Virginia; alcohol during pregnancy; cation of Shenandoah National Park cor- Whereas, on October 20, 1976, Public Law Whereas fetal alcohol spectrum disorders responds with the Civil War sesquicenten- 94–567 was enacted, designating 79,579 acres are the leading cause of cognitive disability nial, enriching the heritage of both the Com- within Shenandoah National Park’s bound- in Western civilization, including the United monwealth of Virginia and the United aries as wilderness under the Wilderness Act States, and are 100 percent preventable; States; (16 U.S.C. 1131 et seq.), which protects the Whereas fetal alcohol spectrum disorders Whereas in the early to mid-1920s, as a re- wilderness character of the lands ‘‘for the are a major cause of numerous social dis- sult of the efforts of the citizen-driven Shen- permanent good of the whole people’’; and orders, including learning disabilities, school andoah Valley, Inc. and the Shenandoah Na- Whereas Congress should support efforts to failure, juvenile delinquency, homelessness, tional Park Association, the congressionally preserve the ecological and cultural integ- unemployment, mental illness, and crime; appointed Southern Appalachian National rity of Shenandoah National Park, maintain Whereas the incidence rate of fetal alcohol Park Committee recommended that Con- the infrastructure of the Park, and protect syndrome is estimated at 1 out of 500 live gress authorize the establishment of a na- the famously scenic views of the Shenandoah births and the incidence rate of fetal alcohol tional park in the Blue Ridge Mountains of Valley: Now, therefore, be it Virginia for the purpose of providing the spectrum disorders is estimated at 1 out of Resolved, That the Senate— western national park experience to the pop- every 100 live births; (1) commemorates the 75th anniversary of ulated eastern seaboard; Whereas, although the economic costs of the dedication of Shenandoah National Park; Whereas, in 1935, the Secretary of the Inte- and fetal alcohol spectrum disorders are difficult rior, Harold Ickes, accepted the land deeds to estimate, the cost of fetal alcohol syn- (2) acknowledges the historic and enduring for what would become Shenandoah National scenic, recreational, and economic value of drome alone in the United States was ap- Park from the Commonwealth of Virginia, the Park. proximately $6,000,000,000 in 2007, and it is es- and, on July 3, 1936, President Franklin D. timated that each individual with fetal alco- Roosevelt dedicated Shenandoah National f hol syndrome will cost the taxpayers of the Park ‘‘to this and to succeeding generations NOTICES OF HEARINGS United States between $860,000 and $4,000,000 for the recreation and re-creation they would during the lifetime of the individual; find’’; COMMITTEE ON ENERGY AND NATURAL Whereas, in February 1999, a small group of Whereas the Appalachian Mountains ex- RESOURCES parents of children who suffer from fetal al- tend through 200,000 acres of Shenandoah Na- Mr. BINGAMAN. Mr. President, I cohol spectrum disorders came together with tional Park and border the 8 Virginia coun- would like to announce for the infor- the hope that they could make the world ties of Albemarle, Augusta, Greene, Madison, mation of the Senate and the public aware of the devastating consequences of al- Page, Rappahannock, Rockingham, and War- that a hearing has been scheduled be- cohol consumption during pregnancy by es- ren; fore the Senate Committee on Energy tablishing International Fetal Alcohol Syn- Whereas Shenandoah National Park is drome Awareness Day; home to a diverse ecosystem of 103 rare and and Natural Resources. The hearing Whereas the first International Fetal Alco- endangered species, 1,405 plant species, 51 will be held on Thursday, September hol Syndrome Awareness Day was observed mammal species, 36 fish species, 26 reptile 15, 2011, at 9:30 a.m., in room SD–366 of on September 9, 1999; species, 23 amphibian species, and more than the Dirksen Senate Office Building. Whereas Bonnie Buxton of Toronto, Can- 200 bird species; The purpose of this hearing is to con- ada, the co-founder of the first International Whereas the proximity of Shenandoah Na- sider the nominations of Gregory H. Fetal Alcohol Syndrome Awareness Day, tional Park to heavily populated areas, in- Woods, to be General Counsel, Depart- cluding Washington, District of Columbia, asked ‘‘What if ... a world full of FAS/E ment of Energy, David T. Danielson, to [Fetal Alcohol Syndrome/Effect] parents all promotes regional travel and tourism, pro- viding thousands of jobs and contributing be an Assistant Secretary of Energy got together on the ninth hour of the ninth (Energy Efficiency and Renewable En- day of the ninth month of the year and asked millions of dollars to the economic vitality the world to remember that during the 9 of the region; ergy), Department of Energy, and months of pregnancy a woman should not Whereas Shenandoah National Park, rich LaDoris G. Harris, to be Director for consume alcohol ... would the rest of the with recreational opportunities, offers 520 the Office of Minority Economic Im- world listen?’’; and miles of hiking trails, 200 miles of which are pact, Department of Energy. designated horse trails and 101 miles of Whereas on the ninth day of the ninth Because of the limited time available which are part of the 2,175-mile Appalachian month of each year since 1999, communities National Historic Trail, more than 90 fish- for the hearing, witnesses may testify around the world have observed Inter- able streams, 4 campgrounds, 7 picnic areas, by invitation only. However, those national Fetal Alcohol Syndrome Awareness 3 lodges, 6 backcountry cabins, and an exten- wishing to submit written testimony Day: Now, therefore, be it sive, rugged backcountry open to wilderness for the hearing record should send it to Resolved, That the Senate— camping to the millions of people who annu- the Committee on Energy and Natural (1) designates September 9, 2011, as ‘‘Na- ally visit the Park; Resources, 304 Dirksen Senate Office tional Fetal Alcohol Spectrum Disorders Whereas the Park protects significant cul- Building, Washington, DC 20510–6150, or Awareness Day’’; and tural resources, including— (1) Rapidan Camp, once a summer retreat by email to allisonlseyferth (2) calls upon the people of the United @energy.senate.gov. States— for President Herbert Hoover and now a na- (A) to observe National Fetal Alcohol tional historic landmark; For further information, please con- Spectrum Disorders Awareness Day with ap- (2) Skyline Drive, a historic district listed tact Sam Fowler at (202) 224–7571 or Al- propriate ceremonies— on the National Register of Historic Places; lison Seyferth at (202) 224–4905. (3) Massanutten Lodge, a structure listed (i) to promote awareness of the effects of COMMITTEE ON HEALTH, EDUCATION, LABOR, on the National Register of Historic Places; prenatal exposure to alcohol; (4) 360 buildings and structures included on AND PENSIONS (ii) to increase compassion for individuals the List of Classified Structures; Mr. HARKIN. Mr. President, I wish to affected by prenatal exposure to alcohol; (5) 577 significant, recorded archeological announce that the Committee on (iii) to minimize the effects of prenatal ex- sites, 11 of which are listed on the National Health, Education, Labor, and Pen- posure to alcohol; and Register of Historic Places; and sions will meet in open session on (iv) to ensure healthier communities (6) more than 100 historic cemeteries; Thursday, September 15, 2011, at 10 across the United States; and Whereas Congress named 10 battlefields in (B) to observe a moment of reflection dur- the Shenandoah Valley for preservation in a.m. in SD–106 to conduct a hearing en- ing the ninth hour of September 9, 2011, to the Shenandoah Valley Battlefields National titled ‘‘The Future of Employment for remember that during the 9 months of preg- Historic District and Commission Act of 1996 People with the Most Significant Dis- nancy a woman should not consume alcohol. (section 606 of Public Law 104–333; 110 Stat. abilities.’’

VerDate Mar 15 2010 05:25 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.074 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5464 CONGRESSIONAL RECORD — SENATE September 8, 2011 For further information regarding conduct a hearing entitled ‘‘Examining The PRESIDING OFFICER. Without this hearing, please contact Andrew Quality and Safety in Child Care: Giv- objection, it is so ordered. Imparato of the committee staff on ing Working Families Security, Con- The concurrent resolution (H. Con. (202) 228–3453. fidence, and Peace of Mind’’ on Sep- Res. 67) was agreed to. COMMITTEE ON ENERGY AND NATURAL tember 8, 2011, at 10:15 a.m., in room 216 f RESOURCES of the Hart Senate Office Building. AUTHORIZING USE OF EMANCI- The PRESIDING OFFICER. Without Mr. BINGAMAN. Mr. President, I PATION HALL IN THE CAPITOL objection, it is so ordered. would like to announce for the infor- VISITOR CENTER mation of the Senate and the public COMMITTEE ON THE JUDICIARY that a hearing has been scheduled be- Mr. LEAHY. Mr. President, I ask Mr. DURBIN. Mr. President, I ask fore the Subcommittee on National unanimous consent that the Com- unanimous consent the Rules Com- Parks. The hearing will be held on mittee on the Judiciary be authorized mittee be discharged from further con- Wednesday, September 21, 2011, at 2:30 to meet during the session of the Sen- sideration of S. Con. Res. 28 and the p.m., in room SD–366 of the Dirksen ate, on September 8, 2011, at 10 a.m., in Senate proceed to its immediate con- Senate Office Building. SD–226 of the Dirksen Senate Office sideration. The purpose of this hearing is to con- Building, to conduct an executive busi- The PRESIDING OFFICER. Without sider a recently released report by the ness meeting. objection, it is so ordered. The clerk will report the concurrent National Park Service: A Call to Ac- The PRESIDING OFFICER. Without resolution by title. tion Preparing for a Second Century of objection, it is so ordered. The legislative clerk read as follows: Stewardship and Engagement. SUBCOMMITTEE ON THE CONSTITUTION, CIVIL A concurrent resolution (S. Cons. Res. 28) Because of the limited time available RIGHTS AND HUMAN RIGHTS authorizing the use of Emancipation Hall in for the hearing, witnesses may testify Mr. LEAHY. Mr. President, I ask the Capitol Visitor Center for an event to by invitation only. However, those unanimous consent that the Com- award the Congressional Gold Medal, collec- wishing to submit written testimony mittee on the Judiciary, Sub- tively, to the 100th Infantry Battalion, 442nd for the hearing record should send it to committee on the Constitution, Civil Regimental Combat Team, and the Military the Committee on Energy and Natural Rights and Human Rights, be author- Intelligence Service, United States Army, in Resources, United States Senate, 304 ized to meet during the session of the recognition of their dedicated service during Dirksen Senate Office Building, Wash- Senate, on September 8, 2011, at 2 p.m., World War II. ington, DC 20510–6150, or by email to in room SD–226 of the Dirksen Senate There being no objection, the Senate [email protected]. Office Building, to conduct a hearing proceeded to consider the concurrent For further information, please con- entitled ‘‘New State Voting Laws: Bar- resolution. tact please contact David Brooks (202) riers to the Ballot?’’ Mr. DURBIN. Mr. President, I ask 224–9863 or Jake McCook (202) 224–9313. The PRESIDING OFFICER. Without unanimous consent that the concur- rent resolution be agreed to, the mo- f objection, it is so ordered. INTERNATIONAL DEVELOPMENT AND FOREIGN tion to reconsider be laid upon the AUTHORITY FOR COMMITTEES TO ASSISTANCE, ECONOMIC AFFAIRS, AND INTER- table, with no intervening action or de- MEET NATIONAL ENVIRONMENTAL PROTECTION SUB- bate, and any statements be printed in COMMITTEE ON BANKING, HOUSING, AND URBAN COMMITTEE the RECORD. AFFAIRS Mr. LEAHY. Mr. President, I ask The PRESIDING OFFICER. Without Mr. LEAHY. Mr. President, I ask unanimous consent that the Com- objection, it is so ordered. unanimous consent that the Com- mittee on Foreign Relations be author- The concurrent resolution (S. Con. mittee on Banking, Housing, and ized to meet during the session of the Res. 28) was agreed to, as follows: Urban Affairs, be authorized to meet Senate on September 8, 2011, at 2:30 S. CON. RES. 28 during the session of the Senate on p.m., to hold a International Develop- Resolved by the Senate (the House of Rep- September 8, 2011, at 10 a.m. ment and Foreign Assistance, Eco- resentatives concurring), The PRESIDING OFFICER. Without nomic Affairs and International Envi- SECTION 1. USE OF EMANCIPATION HALL FOR ronmental Protection subcommittee EVENT TO AWARD THE CONGRES- objection, it is so ordered. SIONAL GOLD MEDAL. hearing entitled, ‘‘Afghanistan: Right COMMITTEE ON ENVIRONMENT AND PUBLIC (a) AUTHORIZATION.—Emancipation Hall in WORKS Sizing the Development Footprint.’’ the Capitol Visitor Center is authorized to be Mr. LEAHY. Mr. President, I ask The PRESIDING OFFICER. Without used for an event on November 2, 2011, to unanimous consent that the Com- objection, it is so ordered. award the Congressional Gold Medal, collec- mittee on Environment and Public f tively, to the 100th Infantry Battalion, 442nd Regimental Combat Team, and the Military Works be authorized to meet during AUTHORIZING USE OF THE Intelligence Service, United States Army, in the session of the Senate on September CAPITOL GROUNDS recognition of their dedicated service during 8, 2011, at 10 a.m. in room 406 of the Mr. DURBIN. Mr. President, I ask World War II. Dirksen Senate Office Building. REPARATIONS unanimous consent the Senate proceed (b) P .—Physical preparations The PRESIDING OFFICER. Without for the conduct of the event described in sub- to consideration of H. Con. Res 67, objection, it is so ordered. section (a) shall be carried out in accordance which was received from the House and with such conditions as may be prescribed by COMMITTEE ON FINANCE is at the desk. the Architect of the Capitol. Mr. LEAHY. Mr. President, I ask The PRESIDING OFFICER. The f unanimous consent that the Com- clerk will report the concurrent resolu- mittee on Finance be authorized to tion by title. NATIONAL FETAL ALCOHOL SPEC- meet during the session of the Senate The legislative clerk read as follows: TRUM DISORDERS AWARENESS on September 8, 2011, at 9:30 a.m., in A concurrent resolution (H. Con. Res. 67) DAY room 215 of the Dirksen Senate Office authorizing the use of the Capitol Grounds Mr. DURBIN. Mr. President, I ask Building, to conduct a hearing entitled for the District of Columbia Special Olym- unanimous consent that the Senate ‘‘Tax Reform Options: International pics Law Enforcement Torch Run. now proceed to the consideration of S. Issues.’’ There being no objection, the Senate Res. 259, submitted earlier today. The PRESIDING OFFICER. Without proceeded to consider the concurrent The PRESIDING OFFICER. The objection, it is so ordered. resolution. clerk will report the resolution by COMMITTEE ON HEALTH, EDUCATION, LABOR, Mr. DURBIN. I ask unanimous con- title. AND PENSIONS sent the concurrent resolution be The legislative clerk read as follows: Mr. LEAHY. Mr. President, I ask adopted, the motion to reconsider be A resolution (S. Res. 259) designating Sep- unanimous consent that the Com- laid upon the table, with no inter- tember 9, 2011, as ‘‘National Fetal Alcohol mittee on Health, Education, Labor, vening action or debate, and any re- Spectrum Disorders Awareness Day.’’ and Pensions be authorized to meet, lated statements be printed in the There being no objection, the Senate during the session of the Senate, to RECORD. proceeded to consider the resolution.

VerDate Mar 15 2010 05:25 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A08SE6.076 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5465 Mr. DURBIN. Mr. President, I ask (iv) to ensure healthier communities Whereas Shenandoah National Park, rich unanimous consent that the resolution across the United States; and with recreational opportunities, offers 520 be agreed to, the preamble be agreed (B) to observe a moment of reflection dur- miles of hiking trails, 200 miles of which are to, and the motions to reconsider be ing the ninth hour of September 9, 2011, to designated horse trails and 101 miles of laid upon the table. remember that during the 9 months of preg- which are part of the 2,175-mile Appalachian nancy a woman should not consume alcohol. National Historic Trail, more than 90 fish- The PRESIDING OFFICER. Without f able streams, 4 campgrounds, 7 picnic areas, objection, it is so ordered. 3 lodges, 6 backcountry cabins, and an exten- The resolution (S. Res. 259) was COMMEMORATING THE 75TH ANNI- sive, rugged backcountry open to wilderness agreed to. VERSARY OF THE DEDICATION camping to the millions of people who annu- The preamble was agreed to. OF SHENANDOAH NATIONAL ally visit the Park; The resolution, with its preamble, PARK Whereas the Park protects significant cul- reads as follows: tural resources, including— S. RES. 259 Mr. DURBIN. Mr. President, I ask (1) Rapidan Camp, once a summer retreat unanimous consent that the Senate Whereas the term ‘‘fetal alcohol spectrum for President Herbert Hoover and now a na- disorders’’ includes a broader range of condi- proceed to the consideration of S. Res. tional historic landmark; tions than the term ‘‘fetal alcohol syn- 260, which was submitted earlier today. (2) Skyline Drive, a historic district listed drome’’ and therefore has replaced the term The PRESIDING OFFICER. The on the National Register of Historic Places; (3) Massanutten Lodge, a structure listed ‘‘fetal alcohol syndrome’’ as the umbrella clerk will report the resolution by on the National Register of Historic Places; term describing the range of effects that can title. (4) 360 buildings and structures included on occur in an individual whose mother drank The legislative clerk read as follows: the List of Classified Structures; alcohol during pregnancy; A resolution (S. Res. 260) commemorating (5) 577 significant, recorded archeological Whereas fetal alcohol spectrum disorders the 75th anniversary of the dedication of sites, 11 of which are listed on the National are the leading cause of cognitive disability Shenandoah National Park. Register of Historic Places; and in Western civilization, including the United (6) more than 100 historic cemeteries; States, and are 100 percent preventable; There being no objection, the Senate Whereas fetal alcohol spectrum disorders proceeded to consider the resolution. Whereas Congress named 10 battlefields in are a major cause of numerous social dis- Mr. DURBIN. Mr. President, I ask the Shenandoah Valley for preservation in orders, including learning disabilities, school unanimous consent that the resolution the Shenandoah Valley Battlefields National failure, juvenile delinquency, homelessness, Historic District and Commission Act of 1996 be agreed to, the preamble be agreed (section 606 of Public Law 104–333; 110 Stat. unemployment, mental illness, and crime; to, the motions to reconsider be laid Whereas the incidence rate of fetal alcohol 4174), and Shenandoah National Park, an in- syndrome is estimated at 1 out of 500 live upon the table, with no intervening ac- tegral partner in that endeavor, provides births and the incidence rate of fetal alcohol tion or debate, and any related state- visitors with outstanding views of pristine, spectrum disorders is estimated at 1 out of ments be printed in the RECORD. natural landscapes that are vital to the Civil every 100 live births; The resolution (S. Res. 260) was War legacy; Whereas, although the economic costs of agreed to. Whereas Shenandoah National Park also fetal alcohol spectrum disorders are difficult The preamble was agreed to. protects intangible resources, including as- to estimate, the cost of fetal alcohol syn- pects of the heritage of the people of the The resolution, with its preamble, United States through the rigorous commit- drome alone in the United States was ap- reads as follows: proximately $6,000,000,000 in 2007, and it is es- ments of the Civilian Conservation Corps and timated that each individual with fetal alco- S. RES. 260 the advancement of Civil Rights as Shen- hol syndrome will cost the taxpayers of the Whereas the 75th anniversary of the dedi- andoah’s ‘‘separate but equal’’ facilities be- United States between $860,000 and $4,000,000 cation of Shenandoah National Park cor- came the first to desegregate in Virginia; during the lifetime of the individual; responds with the Civil War sesquicenten- Whereas, on October 20, 1976, Public Law Whereas, in February 1999, a small group of nial, enriching the heritage of both the Com- 94–567 was enacted, designating 79,579 acres parents of children who suffer from fetal al- monwealth of Virginia and the United within Shenandoah National Park’s bound- cohol spectrum disorders came together with States; aries as wilderness under the Wilderness Act the hope that they could make the world Whereas in the early to mid-1920s, as a re- (16 U.S.C. 1131 et seq.), which protects the aware of the devastating consequences of al- sult of the efforts of the citizen-driven Shen- wilderness character of the lands ‘‘for the cohol consumption during pregnancy by es- andoah Valley, Inc. and the Shenandoah Na- permanent good of the whole people’’; and tablishing International Fetal Alcohol Syn- tional Park Association, the congressionally Whereas Congress should support efforts to drome Awareness Day; appointed Southern Appalachian National preserve the ecological and cultural integ- Whereas the first International Fetal Alco- Park Committee recommended that Con- rity of Shenandoah National Park, maintain hol Syndrome Awareness Day was observed gress authorize the establishment of a na- the infrastructure of the Park, and protect on September 9, 1999; tional park in the Blue Ridge Mountains of the famously scenic views of the Shenandoah Whereas Bonnie Buxton of Toronto, Can- Virginia for the purpose of providing the Valley: Now, therefore, be it ada, the co-founder of the first International western national park experience to the pop- Resolved, That the Senate— Fetal Alcohol Syndrome Awareness Day, ulated eastern seaboard; (1) commemorates the 75th anniversary of asked ‘‘What if ... a world full of FAS/E Whereas, in 1935, the Secretary of the Inte- the dedication of Shenandoah National Park; [Fetal Alcohol Syndrome/Effect] parents all rior, Harold Ickes, accepted the land deeds and got together on the ninth hour of the ninth for what would become Shenandoah National (2) acknowledges the historic and enduring day of the ninth month of the year and asked Park from the Commonwealth of Virginia, scenic, recreational, and economic value of the world to remember that during the 9 and, on July 3, 1936, President Franklin D. the Park. months of pregnancy a woman should not Roosevelt dedicated Shenandoah National f Park ‘‘to this and to succeeding generations consume alcohol ... would the rest of the RECESS world listen?’’; and for the recreation and re-creation they would Whereas on the ninth day of the ninth find’’; Mr. DURBIN. Mr. President, I ask month of each year since 1999, communities Whereas the Appalachian Mountains ex- unanimous consent that the Senate around the world have observed Inter- tend through 200,000 acres of Shenandoah Na- stand in recess until 6:30 p.m. national Fetal Alcohol Syndrome Awareness tional Park and border the 8 Virginia coun- There being no objection, the Senate, Day: Now, therefore, be it ties of Albemarle, Augusta, Greene, Madison, Resolved, That the Senate— Page, Rappahannock, Rockingham, and War- at 6:12 p.m., recessed until 6:30 p.m., (1) designates September 9, 2011, as ‘‘Na- ren; and reassembled when called to order tional Fetal Alcohol Spectrum Disorders Whereas Shenandoah National Park is by the Presiding Officer (Mr. FRANKEN). Awareness Day’’; and home to a diverse ecosystem of 103 rare and f (2) calls upon the people of the United endangered species, 1,405 plant species, 51 States— mammal species, 36 fish species, 26 reptile JOINT SESSION OF THE TWO (A) to observe National Fetal Alcohol species, 23 amphibian species, and more than HOUSES—ADDRESS BY THE Spectrum Disorders Awareness Day with ap- 200 bird species; PRESIDENT OF THE UNITED propriate ceremonies— Whereas the proximity of Shenandoah Na- STATES (i) to promote awareness of the effects of tional Park to heavily populated areas, in- The PRESIDING OFFICER. The Sen- prenatal exposure to alcohol; cluding Washington, District of Columbia, (ii) to increase compassion for individuals promotes regional travel and tourism, pro- ate will now proceed as a body to the affected by prenatal exposure to alcohol; viding thousands of jobs and contributing Hall of the House of Representatives to (iii) to minimize the effects of prenatal ex- millions of dollars to the economic vitality receive a message from the President posure to alcohol; and of the region; of the United States.

VerDate Mar 15 2010 04:11 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G08SE6.076 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5466 CONGRESSIONAL RECORD — SENATE September 8, 2011 Thereupon, the Senate, preceded by [Rollcall Vote No. 130 Leg.] NOMINATIONS the Deputy Sergeant at Arms, Martina YEAS—45 Executive nominations received by Bradford, the Secretary of the Senate, Alexander Graham McConnell the Senate: Nancy Erickson, and the Vice Presi- Ayotte Grassley Moran NATIONAL CONSUMER COOPERATIVE BANK dent of the United States, JOSEPH R. Barrasso Hatch Murkowski Blunt Heller Nelson (NE) CYRUS AMIR-MOKRI, OF NEW YORK, TO BE A MEMBER BIDEN, proceeded to the Hall of the Boozman Hoeven Paul OF THE BOARD OF DIRECTORS OF THE NATIONAL CON- House of Representatives to hear the Burr Hutchison Portman SUMER COOPERATIVE BANK FOR A TERM OF THREE address by the President of the United Chambliss Inhofe Risch YEARS, VICE DAVID GEORGE NASON, TERM EXPIRED. Coats Isakson Roberts DEPARTMENT OF THE TREASURY States, Barack Obama. Coburn Johanns Sessions (The address delivered by the Presi- Cochran Johnson (WI) Shelby CYRUS AMIR-MOKRI, OF NEW YORK, TO BE AN ASSIST- ANT SECRETARY OF THE TREASURY, VICE MICHAEL S. dent of the United States to the joint Collins Kirk Snowe BARR, RESIGNED. session of the two Houses of Congress Cornyn Kyl Thune Crapo Lee Toomey THE JUDICIARY is printed in the proceedings of the DeMint Lugar Vitter STEPHANIE DAWN THACKER, OF WEST VIRGINIA, TO BE House of Representatives in today’s Enzi McCain Wicker UNITED STATES CIRCUIT JUDGE FOR THE FOURTH CIR- RECORD.) CUIT, VICE M. BLANE MICHAEL, DECEASED. NAYS—52 GREGG JEFFREY COSTA, OF TEXAS, TO BE UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT Akaka Franken Mikulski OF TEXAS, VICE JOHN D. RAINEY, RETIRED. f Baucus Gillibrand Murray Begich Hagan Nelson (FL) DEPARTMENT OF JUSTICE RECESS SUBJECT TO THE CALL OF Bennet Harkin Pryor KATHRYN KENEALLY, OF NEW YORK, TO BE AN ASSIST- THE CHAIR Bingaman Inouye Reed ANT ATTORNEY GENERAL, VICE NATHAN J. HOCHMAN, Blumenthal Johnson (SD) Reid RESIGNED. Whereupon, at the conclusion of the Boxer Kerry Sanders FOREIGN SERVICE Brown (MA) Klobuchar Schumer joint session the Senate, at 7:46 p.m., Brown (OH) Kohl THE FOLLOWING-NAMED CAREER MEMBERS OF THE Shaheen pursuant to the previous order, re- Cantwell Landrieu SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF AG- Stabenow RICULTURE (APHIS) FOR PROMOTION WITHIN AND INTO Cardin Lautenberg cessed subject to the call of the Chair Tester THE SENIOR FOREIGN SERVICE TO THE CLASSES INDI- Carper Leahy CATED: and reassembled at 7:49 p.m. when Udall (CO) Casey Levin CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, called to order by the Acting President Conrad Lieberman Udall (NM) CLASS OF CAREER MINISTER: pro tempore. Coons Manchin Warner NICHOLAS E. GUTIERREZ, OF NEW MEXICO Whitehouse The ACTING PRESIDENT pro tem- Corker McCaskill CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, Wyden pore. The majority leader is recog- Durbin Menendez CLASS OF COUNSELOR: Feinstein Merkley JOHN L. SHAW, OF LOUISIANA nized. NOT VOTING—3 THE FOLLOWING-NAMED PERSONS OF THE AGENCIES INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- f Rockefeller Rubio Webb FICERS OF THE CLASSES STATED. FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF The motion was rejected. CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF DISAPPROVAL OF THE PRESI- The PRESIDING OFFICER. The Sen- AMERICA. DENT’S EXERCISE OF AUTHOR- ator from Maryland. DEPARTMENT OF STATE ITY TO INCREASE THE DEBT f ERIK M. ANDERSON, OF NEW HAMPSHIRE LIMIT—MOTION TO PROCEED WALTER B. ANDONOV, OF NEVADA BENJAMIN BARRY, OF THE DISTRICT OF COLUMBIA Mr. REID. Mr. President, I now move ORDERS FOR FRIDAY, SEPTEMBER ROBERT CRAIG BOND, OF THE DISTRICT OF COLUMBIA to proceed to Calendar No. 153, S.J. 9, 2011 JOSEPH CHARLES BRISTOL, OF WASHINGTON KAREN L. BRONSON, OF WASHINGTON Res. 25. Mr. CARDIN. Mr. President, I ask EMILIE SUZANNE BRUCHON, OF VIRGINIA The ACTING PRESIDENT pro tem- EDWARD CHRISTOPHER BURLESON, OF TEXAS unanimous consent that when the Sen- STEPHANE MARC CASTONGUAY, OF HAWAII pore. The clerk will report the motion. ate completes its business today, it ad- JANE JERA CHONGCHIT, OF CALIFORNIA The legislative clerk read as follows: HEATHER LYNN COBLE, OF VIRGINIA journ until 9:45 a.m. on Friday, Sep- CHRISTOPHER CORKEY, OF THE DISTRICT OF COLUMBIA Motion to proceed to the joint resolution tember 9; that following the prayer and LISA TERRY CROSS, OF CALIFORNIA CARLOS POURUSHASP DHABHAR, OF NEW YORK (S.J. Res. 25) relating to the disapproval of pledge, the Journal of proceedings be the President’s exercise of authority to in- KELLY L. DIIRO, OF VIRGINIA approved to date, the morning hour be DAVID MARSHALL DUERDEN, OF IDAHO crease the debt limit, as submitted under ACQUANIA ESCARNE, OF MARYLAND section 3101A of title 31, United States Code, deemed to have expired, and the time JOHN B. EVERMAN, JR., OF VIRGINIA for the two leaders be reserved for their HEATHER CARLIN FABRIKANT, OF THE DISTRICT OF CO- on August 2, 2011. LUMBIA The ACTING PRESIDENT pro tem- use later in the day, and that following RICHARD G. FITZMAURICE, OF FLORIDA any leader remarks, the Senate will be SUSANNA GRANSEE, OF NORTH CAROLINA pore. The motion is not debatable PAUL M. GUERTIN, OF RHODE ISLAND under section 301(a) of Public Law 112– in a period of morning business, with MICHAEL THOMAS HACKETT, OF CONNECTICUT Senators permitted to speak therein J. MICHAEL HARVEY, OF WASHINGTON 25. ANDREW WILLIAM HAY, OF COLORADO Mr. REID. Mr. President, I do ask for up to 10 minutes each. GERRY PHILIP KAUFMAN, OF THE DISTRICT OF COLUM- The PRESIDING OFFICER. Without BIA now for the yeas and nays on my mo- DANIEL G.D. KEEN, OF WASHINGTON tion. objection, it is so ordered. THANH C. KIM, OF VIRGINIA STEPHEN SETH KOLB, OF TEXAS The ACTING PRESIDENT pro tem- f KELLY LEE KOPCIAL, OF VIRGINIA pore. Is there a sufficient second? KEVIN KRAPF, OF CALIFORNIA JAMES M. KUEBLER, OF FLORIDA There appears to be a sufficient sec- PROGRAM JONATHAN PATRICK LALLEY, OF VIRGINIA ond. REID B MCCOY, OF TEXAS Mr. CARDIN. Mr. President, there BILLY E. MCFARLAND, JR., OF VIRGINIA The question is on agreeing to the will be no rollcall votes during Friday’s AMIEE REBECCA MCGIMPSEY, OF IOWA motion. FAITH MCCARTHY MEYERS, OF VIRGINIA session. The next rollcall vote will be CHRISTIE MILNER, OF TEXAS The clerk will call the roll. on Monday, September 12, no earlier MARK R MINEO, OF FLORIDA The legislative clerk called the roll. ADAM LOREN SHEEHAN MITCHELL, OF OKLAHOMA than 5:30 p.m. THOMAS WILLIAM MOORE, OF TEXAS Mr. DURBIN. I announce that the SERGIO ANTONIO MORENO, OF TEXAS Senator from West Virginia (Mr. f GILBERT MORTON, OF NEW YORK KALPANA MURTHY, OF WASHINGTON ROCKEFELLER) and the Senator from CHARLOTTE SULLIVAN NUANES, OF THE DISTRICT OF Virginia (Mr. WEBB) are necessarily ab- ADJOURNMENT UNTIL 9:45 A.M. COLUMBIA TOMORROW MATTHEW RYAN PACKER, OF UTAH sent. TAMMY BETH PALTCHIKOV, OF ALABAMA Mr. KYL. The following Senator is Mr. CARDIN. Mr. President, if there SCOTT D. PARRISH, OF CALIFORNIA ELIZABETH J. POKELA, OF MINNESOTA necessarily absent: the Senator from is no further business to come before PRASHANTH RAJAN, OF THE DISTRICT OF COLUMBIA Florida (Mr. RUBIO). the Senate, I ask unanimous consent GREGORY N. RANKIN, OF TEXAS CHRISTOPHER MICHAEL RENDO, OF FLORIDA The PRESIDING OFFICER (Mr. that the Senate stand adjourned under OLGA B ROMANOVA, OF FLORIDA FRANKEN). Are there any other Sen- the previous order. IAN D. ROZDILSKY, OF VIRGINIA ALEXANDER THEODORE RYAN, OF PENNSYLVANIA ators in the Chamber desiring to vote? There being no objection, the Senate, TANYA YUKI SALSETH, OF CALIFORNIA The result was announced—yeas 45, at 8:30 p.m., adjourned until Friday, DAVINIA MICHELLE SEAY, OF THE DISTRICT OF COLUM- BIA nays 52, as follows: September 9, 2011, at 9:45 a.m. ALYSSA TEACH SERVELLO, OF NEW YORK

VerDate Mar 15 2010 05:25 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00072 Fmt 0624 Sfmt 9801 E:\CR\FM\G08SE6.085 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5467

ANNIE M. SIMPKINS, OF FLORIDA DAVID H. NEAL MATTHEW J. BARLOW JAY M. SORENSEN, OF VIRGINIA DONNIE S. RIVERA MEKESHIA D. BATES RAVINDRA MOHAN SRIVASTAVA, OF COLORADO ROBIN S. YAMAGUMA JACQUELINE T. BEE ELIZABETH T. SWEET, OF THE DISTRICT OF COLUMBIA KAY M. BLYLER MICHAEL P. THOMAN, OF NEW JERSEY To be nurse officer EBONY L. BOSWELL DAVID COLIN TURNBULL, OF NEW YORK CARLETTA M. ABERLE SHAY M. BULLOCK BRIANA C. BUSEY CAROL M. VARGAS, OF OREGON MANDIE E. BAGWELL FELICE N. CARLTON PETER P. VELASCO, OF THE DISTRICT OF COLUMBIA MICHAEL BONISLAWSKI AMOS C. CHEN CURT WHITTAKER, OF OREGON ARICA CARPENTER SARAH E. COLBERT JUSTIN WAYNE WILLIAMSON, OF TEXAS VICKY D. DOWDY TOMMIE L. COLLINS THE FOLLOWING—NAMED MEMBERS OF THE FOREIGN DOLETA ELLIS WILLARD J. COOKSON SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES MICHAEL V. GWATHMEY KAITLIN P. CORONA IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF SHERRY A. HAMMOCK TAYLOR R. DONOVAN AMERICA: LAURA M. HUDSON JEREMY M. DUBINSKY CRYSTAL M. HUGHLEY DEPARTMENT OF STATE STEVEN ESSIEN BEATRICE R. LUNSFORD-WILKINS VICTORIA M. EVANS—HAJARIZADEH ROBERT N. BENTLEY, OF VIRGINIA JAMILA A. MWIDAU CAMILLUS O. EZEIKE JOSE A. BERNAL, OF VIRGINIA MICHELLE ROWAN SARAH E. FOWLER YEONJUNG C. BITTING, OF VIRGINIA NOEL M. TRUSAL LAURA F. GOULD PATRICK F. BRENNAN, OF VIRGINIA ANGELA E. WESTON ELIZABETH L. HARBISON DANIEL S. BUGAJ, OF VIRGINIA KIRA A. WILDER PATRICK A. HARMON KIMBERLY BLACK CANNELL, OF VIRGINIA To be senior assistant nurse officer JESSICA L. HARVEY RITA CRAGUE, OF VIRGINIA COREEN HEACOCK ROBERT A. CRAMER, OF VIRGINIA JULIE C. BRISKI STACY T. HEFLIN NICLAS S. ERICSSON, OF VIRGINIA COLLEEN E. BURKE DOROTHY W. HEINRICHS SHAWN T. FRANZ, OF VIRGINIA KAREN B. BURNS TRENEICE HENDRIX JOHN EDWARD HAVASY, OF VIRGINIA JOYCE A. BUSSARD ELIZABETH E. HOLT JENNIFER Y. KAWASHIMA, OF VIRGINIA KRISTIE N. CHERRY JERRELL D. JAVIER DAVID HENRY KLASEN, OF THE DISTRICT OF COLUMBIA CHERONDA L. CHERRY-FRANCE CHRISTINE G. JELE MATTHEW P. LENARD, OF MARYLAND DERBY CLARK TONYA L. JENKINS JASON MAH, OF VIRGINIA DEBRA A. COOPER BRIDGET R. JOHNSON MINDY K. MANN, OF VIRGINIA BENARD N. DELOACH ASHLEY T. JOHNSON ROBERT J. MANN, OF VIRGINIA JENNIFER H. DRISKILL LAVANYA L. KAMINENI COLLEEN CAITRIN MARTIN, OF VIRGINIA ANGELA D. DUKATE JESSICA A. KAPLAN—BEELER JOSHUA MCCALEB, OF VIRGINIA LISA D. ELLIS MELANIE A. KELLY FARRELL PATRICK MCHUGH, OF TEXAS KATRINA L. GOAN SHARA L. KENNEDY MELISSA K. MILLS, OF VIRGINIA ARLEEN T. GRAY REBECCA M. KIBEL PATRICK L. MORAN, OF VIRGINIA ERIN N. GREEN JOSEPH M. KIBIRANGO MICHAEL NAUD, OF TEXAS PATRICE D. HARRIS MICHELLE A. KRAYER ALYSSA PENN, OF VIRGINIA MELISSA L. HUBBARD ANTOINETTE D. LAFRANCE—BUSSEY LAWRENCE D. PETERS, OF MARYLAND ZAMORYA S. JORDAN BENJAMIN A. LANDRUM KEVIN M. POWERS, OF VIRGINIA ANITA M. KELLAM STEPHANIE N. LANHAM RAFAEL RESTO-OLIVIO, OF VIRGINIA OUIDA M. LACEY KIMBERLY M. LYNES JINHEE CHOI SALZMAN, OF VIRGINIA SHEALYN R. LUCERO SHARLAE E. MALDONADO CAITLIN D. SPICER, OF THE DISTRICT OF COLUMBIA JUANITA H. LUNA NICHOLAS C. MARTIN AFSHEEN MASOOD THOMAS T. TSOUPELIS, OF VIRGINIA ZENIA M. MCKOY-CHASE MOUSSA MBAHWE RICHARD W. WALKER, OF VIRGINIA CHRISTY W. MCRAE-SIEBENBRODT HEATHER M. MCCLURE SABRINA L. METIVIER THE FOLLOWING-NAMED CAREER MEMBERS OF THE KIZZY M. MCCRAY MELINDA A. MUSUMARRA FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR L. MCELYEA JOY URUAKU A. OBASI PROMOTION INTO THE SENIOR FOREIGN SERVICE TO THE PAULA A. MCENTIRE JENNIFER N. OCONNOR CLASS INDICATED: SHIRLEY O. OWUSU—ANSAH LISA J. PAPPA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE CARLEEN C. PHILLIP JASMINE PETERSON OF THE UNITED STATES OF AMERICA, CLASS OF COUN- JENNIFER L. POND EVA PIOTROWSKA SELOR, EFFECTIVE JANUARY 16, 2011: HEATHER S. RHODES JENNIFER M. RAMON MARYRUTH COLEMAN, OF MARYLAND CATINA N. RIEVES ROBERT B. RATLIFF MARIELA RIVERA JAMES J. MURPHY, OF VIRGINIA SHARON C. RHYNES LARRY G. PADGET, JR., OF VIRGINIA TAQI SALAAM RHONDA R. RODDEN CYNTHIA K. SATENAY PUBLIC HEALTH SERVICE TANYA L. SANCHEZ TIMOTHY J. SCHMIDT TRACY L. SANTANELLI CODY J. SCHNEIDER THE FOLLOWING CANDIDATES FOR PERSONNEL AC- CELINDA A. SCOTT TWYLA M. SHARP TION IN THE REGULAR CORPS OF THE COMMISSIONED MOLLY Y. SHORTY NATHAN L. SHAW CORPS OF THE U.S. PUBLIC HEALTH SERVICE SUBJECT AIMEE L. SMITH TOTA T. SHULTZ TO QUALIFICATIONS THEREFORE AS PROVIDED BY LAW ANGELA J. STONE LYLE SIMMONS AND REGULATIONS: CHAD A. STUCKEY PAULA J. SMITH To be surgeon KEBA M. TROTMAN ERIKA J. SMITH BILLITA WILLIAMS INGRID STAMAND AYSHA Z. AKHTAR LILLIE L. WILLIAMS WILLIS R. STEORTZ SCOTT J. ASHBY ANGELA K. WU BENJAMIN TANNER RODNEY C. CHARLES To be assistant nurse officer RACHEL C. TAYLOR AMINA A. CHAUDHRY DANIEL THOMPSON HELEN M. CHUN BRYAN S. ANDERSON JOEL A. UY RUBEN DELPILAR OLABUSOLA AROWORAMIMO ANTHONY W. VALORIC YIMING A. DING KRISTINA R. BEHRENS MICHAEL VAN SICKLE JUDITH M. EISENBERG SHAWN P. BURNS PATINA S. WALTON—GEER DAMON C. GREEN GREGORY T. CARLSON EBONY S. WESTMORELAND FRANK P. HURST KIMBERLY S. CARLSON-OLDAKER PATRICK J. WHEELER ADOLPH J. HUTTER BYUNGYONG CHOI JULIE M. WITMER DAVID L. MENSCHIK NATASHA L. COLMORE To be engineer officer QUYEN N. METZGER JENNIFER M. CONN KRISTINA D. MONEY MAHOGANEY N. DIXON FRANCIS K. CHUA ROBERT C. MOORE RYAN D. ERWIN DAVID A. GWISDALLA JOSEPH REINHARDT SHELDON L. FOSTER To be senior assistant engineer officer TANGENEARE D. SINGH TAMI L. GLADUE TAWANA A. GOLDSTEIN-HAMPTON RHETT C. COSTELLO To be senior assistant surgeon CHARKETTA V. GORMAN THERESA A. GRANT ROBERT D. ALLISON KIANA S. HARGROVE LEO ANGELO M. GUMAPAS ADRIAN N. BILLINGS CRYSTAL N. HARTIS GAYLE S.W. HAGLER MELISSA A. BRIGGS STEVEN A. HERRERA PHIL NGUYEN STEVEN P. FONG ALEX M. HORTON THOMAS RADMAN JEREMY C. FRANCIS AMANDA E. HUSTON JUSTIN A. THOMPSON HANNA KANG NATASHA N. JOHNSON To be assistant engineer officer HUYI JIN KIM JOI A. JOHNSON BEN J. KOCHUVELI ANGELA R. JONES CHRISTOPHER HUNTER JULEA L. MCGHEE KRISTINA M. KELLEY JONATHAN R. IRELAND SHUK HAN T. WONG RITA B. KENAH RIA LEESHUELING KANS B. LEWIS TANYA V. NOBLE To be dental officer AMY E. MCCONKEY DAVID M. THOMAS VIRGINIA MINTON WILLIAM L. DERRICKSON IFEOMA E. NNANI To be junior assistant engineer officer TOMORAL E. SAMS SANDRA L. OLSON BENJAMIN C. ALTHOFF CHRISTOPHER K. WYSZYNSKI MEGHAN L. POTTER GREGORY M. BESSETTE To be senior assistant dental officer MEGAN L. POWERS MIKE W. BUCKELK STEPHANIE T. SAI MARK GIBEAULT JARED C. BECK CHIRALY T. SAINT-VAL SCOTT C. GONZALEZ SHEFAGH S. DARABI DEBORAH M. SCHOENFELD DANH V. HO JEREMY J. LAPINGTON TERESA M. SHEPHERD KYLE P. KENTCH TATSUHIKO OSADA KIRK F. SHIM TYRRELL L. LANG TRACI M. TILEY-ESPINOSA ROSSON C. SMITH MITCHEL J. MILLER ANNA M. WOODS BRYAN SMITH EVA N. OKADA NEIL T. WRENN MELANY A. TOBIN STEVEN M. RAISOR To be assistant dental officer HEIDI J. VOSS JESSICA A. SHARPE To be junior assistant nurse officer To be scientist officer KATIE BENDICKSON LISA T. HOANG DEIRDRE E. ABELLADA DEANNA R. BEECH

VerDate Mar 15 2010 04:11 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00073 Fmt 0624 Sfmt 9801 E:\CR\FM\A08SE6.009 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5468 CONGRESSIONAL RECORD — SENATE September 8, 2011

QIAO Y. BOBO TEMEKA L. MAGETT KAREN C. FORBES NIZAMETTIN GUL AMY K. MARCHUS ERIC J. HALDEN EDUARDO H. ONEILL JENNIFER L. MARTI LINWOOD D. JONES LANA M. ROSSITER MATTHEW M. MCCLUNG PAUL N. MOITOSO ALIA T. MCCONNELL MARIE C. OCFEMIA To be senior assistant scientist officer THEODROS Y. NEGASH CHRIS L. POULSON PARDIS AMIRHOUSHMAND ANTHONY G. PAZCOGUIN STACEY L. ROBINSON RICHARD A. ARAGON JOANNE K. RIPLEY OMAYRA N. RODRIGUEZ STAYCE E. BECK DANA C. ROYSTON DORCAS A. TAYLOR BEE B. VANG TYANN BLESSINGTON ANNA SCHOR AIMEE E. WILLIAMS MICHAEL B. CHRISTENSEN ANASTASIA M. SHIELDS JULEEN L. CHRISTOPHER NGUYET M. TON To be senior assistant health services officer SETH J. GOLDENBERG OGOCHUKWU UMEJEI WENDY A. GOOD CHALTU N. WAKIJRA HOLLY L. ANDERSON-CALDWELL ELIZABETH A. IRVIN-BARNWELL SILVIA WANIS BRIDGET D. BAKER CHARLES H. MARIS CHRISTOPHER G. WHITEHEAD JAMES A. BANASKI, JR GHASI P. PHILLIPS LINCOLN J. WRIGHT REBECCA A. BARRON DARKEYAH G. REUVEN ALEXANDER H. N. YEH RICARDO R. BEATO ERIC R. RHODES To be assistant pharmacy officer HOLLY B. BERILLA STEPHANIE A. SINCOCK CARLA S. BURCH KELSEY L. SMITH DEREK S. ALBERDING TYRUS J. COX CRYSTAL B. SPINKS MAGGIE A. ALLEN KELLY J. DALTON AVI J. STEIN RYAN P. BARKER RICHARD L. DUNVILLE LOCKWOOD G. TAYLOR NYEDRA W. BOOKER VICKY R. ELLIS ANNA MARIE TORRENS-ARMSTRONG JOSEPH B. BUHANAN LORIE E. ERIKSON JAMES N. TYSON RUBIE M. CHASE COURTNEY A. FERENZ NADRA C. TYUS DACHUAN CHEN ILISHER L. FORD SHANNON WALKER MINDY CHOU NEELAM D. GHIYA MATTHEW J. WALTERS COREY D. COOPER BARBARA A. GOOLSBY SARA E. WRIGHT BRIAN D. COX TANYA L. GRANDISON LEIGHA M. CURTISS KENNETH J. GREEN To be assistant scientist officer DANIEL E. DAGADU RICHARD E. HANSON, JR BROOKE A. HEINTZ NANCY TIAN STEPHANIE D. DANIELS LYSETTE A. DESHIELDS CARL D. HILL To be senior assistant environmental health JOHN DINH MICHAEL G. HODNETT officer GUERLINE DORMEUS STEPHANIE A. HOOVER KATHERINE P. GILLETTE YVONNE J. IRIZARRY JONATHAN M. BROOKS MELISSA A. GROSSHEIM KIMBERLY R. JONES EUN GYUNG LEE BRANDON D. HOWARD NJERI J. JONES JASON A. LEWIS EPIPHANIS N. IREGBU JONATHAN A. KWAN MICHAEL L. MCCASKILL JEREMY D. IVIE TUYEN D. LE MARY A. PSIAKI JILL D. JAMES SEUNG-EUN LEE JOHN G. WIERZBOWSKI BOGHOKO B. KASPA SANDRA J. LEMON JOANNA YOON ANDREW KIM SHAMEIKA D. LOGAN JESSICA E. KREGER PAMALA T. LOVE To be assistant environmental health officer SASHA M. LATONIS SHAILESH MACWAN TARSHA M. MCCRAE CHARLES M. ALOE TIMOTHY A. LAVENS JUAN L. MIRANDA MARYAM T. BORTON ESTHER S. LIU TUNESIA L. MITCHELL MATTHEW R. ELLIS SARA M. LOUT MICHAELA A. MONTECALVO JAMILLA M. GALVEZ AMY C. LUO CORNELIUS O. MOORE MELANIE L. MOORE REBECCA L. MAGEE PAULA MURRAIN-HILL EMMY S. MYSZKA JUSTIN C. MCCORMICK KIMBERLY H. NGUYEN JILL A. NOGI MATTHEW W. MILLER HEATHER L. ONEILL BETH C. WITTRY MARISSA A. NOLAN JUSTIN J. PEGLOWSKI DERRICK N. YOU IFECHUKWU C. ONWUKA KEMEJUMAKA N. OPARA CICILY R. PHILLIPS To be junior assistant environmental health SOPHIA Y. PARK STACIE L. PIERCE officer DANIEL S. PECK GABRIELA RAMIREZ-LEON KELLY H. PHAM CHRISTIAN B. RATHKE ISAAC N. AMPADU CHARAN N. RICE MICHAEL J. REYES BRIAN J. BERUBE SHARONJIT K. SAGOO ELIZABETH B. RUSSELL WILLIAM B. BURROWS JOHN S. SHENOUDA SANDRA B. SMITH THALES J. CHENG MELANIE F. STEVENSON MARK A. SMITH CALEB L. JOHNSON SANGEETA TANDON JENNIFER C. SMITH YOLANY E. PALMA SHACARA S. THOMPSON YVONNE L. STANSON MATTHEW A. SISBACH ALEXANDER P. VARGA JENNIFER R. TATE LILIANA R. TAVARES To be veterinary officer JENNIFER F. VELSOR JAREK M. VETTER EDDIE E. TUMANENG TERRI L. WEBBER MARGARET A. SHAVER MAVIS N. YEBOAH NIKETTA A. WOMACK EVAN T. SHUKAN ELIZABETH A. YORGANCIGIL To be assistant health services officer To be senior assistant veterinary officer To be dietitian officer DEIRDRA N. CHESTER SHEENA A. ARMSTRONG AMY M. BRAZIL VEENA G. BILLIOUX LAURA S. EDISON STACEY B. GYENIZSE RHONDA A. MONA LARRY W. BROCKMAN KAYLEEN T. GLOOR JESSE F. BURK TRAVIS W. NIENHUESER To be senior assistant dietitian ERICA D. BUTLER AMANDA J. OWENS HIEN T. N. CHAU SAMANTHA J. PINIZZOTTO TRAVIS L. SCOTT BERIVAN N. DEMIRNEUBERT To be pharmacy officer To be assistant dietitian officer JONATHAN W. EBERLY STEPHANIE S. FELDER NICHOLE T. BELLAND JAYNE E. BERUBE NEVA E. GARNER KENT L. H. P. BUI HEATHER K. BROSI ELLEN T. GEE RICHARD H. CUTLIP VERONICA A. HANDELAND ANSARUDDIN I. HASAN JOSHUA W. DEVINE MELANIE A. HUETT CHARLES E. HEAUSLER LORI A. ELDRED JOHN K. QUINN, JR ALISHA V. HOLMES MARK A. ELHARDT JOSEPH TIBAY TARA L. HOUDA CHIDOZIE N. EZENEKWE To be junior assistant dietitian officer TAMEIKA N. KASTNER DANIEL J. GARDNER ABHA KUNDI DIPTI R. KALRA CHRISTIE L. MENNA LINDA H. KWON BETH N. KELLER NEIL A. MAFNAS TAMY K. LEUNG To be therapist officer SHAUN D. MCMULLEN DORCAS A. TAYLOR JEFFREY D. BULLOCK LATOYA Q. MILES MARY J. THOENNES JOHANNA M. GILSTRAP OLUWAMUREWA A. OGUNTIMEIN QUYNH-VAN N. TRAN CATHLEEN SHIELDS OLAJIDE O. OJEDIRAN JENNIFER J. ZENTZ AMANDA C. ROBNIK To be senior assistant pharmacy officer DANIELLE B. TERRETT PHILIP A. BAUTISTA To be senior assistant therapist officer REBEKAH V. TILLER DANA N. BROWN NATASHA J. WILTSHIRE JAEWOO IM JEREMY K. BURTENSHAW AMY E. LEATHERMAN To be junior assistant health services officer MONICA M. CALDERON KERANTHA N. POOLE-CHRISTIAN JENNIFER CHENG VALERIE E. ALBRECHT MOLLY C.P. RUTLEDGE ELILTA R. DEMISSIE BRIAN R. ALEXANDER CHRISTOPHER O. WHARTON JUSTIN W. EUBANKS DOLL L. DAVIS WILLIAM E. FREIBERG To be assistant therapist officer MEGAN M. DODSON ANDY GILLUM TONYA A. FOWLER BRIAN J. GILSON MARSOPHIA R. CROSSLEY DANIELLE E. FRANKS JEREMY S. GUSTAFSON CHANDRA J. PREATOR COURTNEY E. GRAHAM JENNIFER H. HENDRIX To be health services officer KIMISHA L. GRIFFIN VICKY C. HUANG LEROY HERMAN I, II VICTORIA O. IBUKUN JASON T. BOUTWELL LOUIS L. JOLLEY BENJAMIN C. KELLER HEATHER A. BOYCE-JAMES JILL M. KISAKA MICHELLE KERSHAW MARK H. DURHAM PAUL E. LEES JINA KWAK ROMERL C. ELIZES LIRISSIA Y. MCCOY ERICA R. LAFORTE DONALD ERTEL MAUREEN A. OKOLO JAMIE L. LEMIRE RAMON E. FONT STELLA M. ONUORAH

VerDate Mar 15 2010 04:11 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00074 Fmt 0624 Sfmt 9801 E:\CR\FM\A08SE6.013 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — SENATE S5469

CLAIRE N. PITTS RICKEY REYNOLDS SHANE A. DURKEE ERRICK ROBERTS MATTHEW WELLOCK PETER J. EBERHARDT MARQUITA D. ROBINSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KATHLEEN R. EHRESMANN JACLYN J. SEEFELDT TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRETT E. ELKO MIRANDA Q. SHROPSHIRE UNDER TITLE 10, U.S.C., SECTION 624: MATTHEW L. ENOS DONNAMARIE A. SPENCER CHARLES E. ESCHER JULIE M. TAYLOR To be lieutenant commander MICHAEL C. ESCOBAR ANDERSON A. TESFAZION ROGELIO ESPINOZA JOSEPH H. ADAMS II AIRA N. VAZQUEZ JOHN R. ESPOSITO JONATHAN V. AHLSTROM SUSAN A. VELARDE DUSTIN E. EVANS JASON A. AHMANSON ANDREA L. VELARDO JAMES L. EVANS ROBERT AHO ANH D. VU RYAN E. EVANS ROBEN E. ALFONSO RUTH A. WILLIAMS JOHNPAUL A. FALARDEAU PATRICK M. ALFONZO BRANDON F. WYCHE PETER R. FANNO DOUGLAS W. ALLEY MYKAH N. WYNTER JEREMY B. FARMER ANTHONY E. AMODEO, JR. STANLEY A. FAULDS IN THE AIR FORCE ERIC R. ANDREWS THOMAS P. FAULDS ROBERT J. ARELLANES THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED HARRY R. FEIGEL III ANTHONY R. ARENDT CHRISTINE FELICE STATES OFFICERS FOR APPOINTMENT IN THE RESERVE LUCAS R. ARGOBRIGHT OF THE AIR FORCE TO THE GRADE INDICATED UNDER SANDRA L. FENNELL RICHARD K. ARLEDGE TITLE 10, U.S.C., SECTIONS 12203 AND 12212: JEFFREY A. FERGUSON DEVIN K. ARNOLD MEGAN M. FINE To be brigadier general FRANK J. AZZARELLO DANIEL K. FINNEGAN JOSHUA L. BACCA JOHN E. FITZPATRICK COLONEL RANDALL R. BALL ROBERT J. BALLARD MEAGAN V. FLANNIGAN COLONEL JOHN P. BARTHOLF BRIAN J. BAUMGAERTNER ERIN E. FLINT COLONEL STEVEN J. BERRYHILL MATTHEW W. BEAGHLEY PAUL A. FLUSCHE COLONEL GRETCHEN S. DUNKELBERGER ANDREW R. BEARD SYLVESTER R. FOLEY IV COLONEL GREG A. HAASE KEVIN A. BEATLEY DANIEL A. FOLLETT COLONEL SCOTT L. KELLY JOHN C. BEHNCKE EDWARD H. FONG COLONEL MAUREEN MCCARTHY JAYSON L. BEIER MICHELLE R. FONTENOT COLONEL MARK A. MCCAULEY ERIC J. BELL TYLER W. FORREST COLONEL EDWARD E. METZGAR ANDREW J. BELLINA BENJAMIN W. FOSTER COLONEL MARSA L. MITCHELL MATTHEW L. BERGER ERICH C. FRANDRUP COLONEL HARRY D. MONTGOMERY, JR. AARON T. BERGMAN ROBERT A. FRANTZ III COLONEL JON K. MOTT MICHAEL T. BETSCH KURT N. FREDLAND COLONEL BRIAN C. NEWBY DAVID M. BIGAY JOHN A. FRENCH COLONEL DAVID W. NEWMAN ROBERT C. BIGGS MICHAEL D. FRENCH COLONEL DAVID SNYDER CHARLES G. BIRCHFIELD KEVIN R. FRIEL COLONEL DEAN L. WINSLOW BLYTHE A. BLAKISTONE MICHAEL D. GALDIERI THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MATTHEW P. BLAZEL KEVIN D. GAMBLE TO THE GRADE INDICATED IN THE UNITED STATES AIR KENNETH W. BRADFORD BRYAN E. GEISERT FORCE UNDER TITLE 10, U.S.C., SECTION 624: CHRISTOPHER J. BRADSHAW THOMAS C. GENEST To be colonel UBIE S. BRANTLEY KIMBERLY N. GEORGE ADAM J. BROCK PHILIP D. GIFT CHRISTOPHER J. OLEKSA CHRISTOPHER A. BROWN SHANNON N. GILBERT II THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DARRELL W. BROWN II MICHAEL L. GIVENS TO THE GRADE INDICATED IN THE UNITED STATES AIR CASEY R. BRUCE CHRISTOPHER D. GLANDON FORCE UNDER TITLE 10, U.S.C., SECTION 624: JEFFREY S. BRUNER MATTHEW D. GLEASON WILLIAM S. BUFORD DEREK J. GORDON To be major DOUGLAS J. BULLIS ROYAL P. GORDON IV MATTHEW S. BURICH WALTER D. GRAHAM IV ARTHUR L. BOUCK WILLIAM L. BURTON MEGAN M. GRANGER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MELANE A. BYRD STUART C. GRAZIER TO THE GRADE INDICATED IN THE UNITED STATES AIR ROBERT P. CARR NICHOLAS M. GREEN FORCE UNDER TITLE 10, U.S.C., SECTION 624: WILLIAM L. CARR ALLEN H. GRIMES To be major BRAD A. CARSTENS CHRISTOPHER M. GROCKI BENJAMIN R. CARTER RYAN F. GUARD TAMALA L. GULLEY CHRISTOPHER J. CARTER WILLIAM M. GUHEEN III THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RYAN C. CARTER CHRISTOPHER M. GZYBOWSKI TO THE GRADE INDICATED IN THE UNITED STATES AIR STEVEN M. CARTER KEVIN R. HAAKSMA FORCE UNDER TITLE 10, U.S.C., SECTION 624: JOHN A. CAUTHEN STEVEN D. HACKER ROBERT D. CERAVOLO JARROD S. HAIR To be colonel MICHAEL G. CHARNOTA GERMAINE E. HALBERT ANDREW J. CHAUVIN DANIEL A. HANCOCK MICHAEL H. HEUER DANIEL F. CHIAFAIR BRYAN M. HANEY IN THE ARMY DANIEL K. CHOUDHURY STANTON R. HANLEY ASHLEY E. CHURCH BRIAN M. HANSEN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHARLES R. CLARK CHRISTIAN A. HANSEN TO THE GRADE INDICATED IN THE RESERVE OF THE JOHN R. CLARK, JR. HAYWARD W. HARGROVE III ARMY UNDER TITLE 10, U.S.C., SECTION 12203: TOMMY M. CLARKE CHAD H. HARVEY To be colonel JESSICA E. CLEARY BRIAN J. HASSE JEEN S. CLEMITSON NATHANIEL M. HATHAWAY JAMES E. ORR TODD R. CLEVELAND PETER W. HAYNES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DANIEL B. CNOSSEN STEVEN G. HEGGIE TO THE GRADE INDICATED IN THE RESERVE OF THE JAMES O. COKER II MARK D. HELLER ARMY UNDER TITLE 10, U.S.C, SECTION 12203: DANIEL M. COLON JARED E. HENDERSON MARK A. CONLEY JAMES M. HENRY To be colonel RYAN P. CONOLE COURTNEY S. HERDT JAMES V. CONSALVI TREVOR F. HERMANN STEVEN A. CHAMBERS DANNY M. COOK DIRK H. HERON ROMAN J. FONTES NATHAN M. COOK STEPHEN A. HIERS JOHN S. GLASGOW SEAN R. COOK BRIAN R. HIGGINS MARK W. GRIFFITH LARRY E. COOPER JERRY C. HIGGINS EARL M. HAIRSTON THOMAS M. CORCORAN EDWARD F. V. HILL ANDRE L. HANCE MATTHEW B. COURTNEY JOHN P. HILTZ LORENZO MIRANDA SPENCER M. COX DEVON M. HOCKADAY EDWARD RENNIE ANDREW D. CRAIG GABRIEL J. HOHNER JAMES P. WALDRON PAUL A. CRAIG ROBERT D. HOLT THE FOLLOWING NAMED ARMY NATIONAL GUARD OF CALEB T. CRAMER JARED J. HOOPER THE UNITED STATES OFFICERS FOR APPOINTMENT TO CHRISTOPHER M. CRISLER JOSHUA A. HOOPS THE GRADE INDICATED IN THE RESERVE OF THE ARMY MATTHEW R. CROOK HEATH D. HOPPES UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: ROBERT CROSBY MATTHEW G. HORTON To be colonel STEVEN C. CROUCH TIMOTHY J. HOUSEHOLDER JAMES K. CUNNINGHAM BRADLEY A. HOYT SUSAN M. CAMORODA MATTHEW E. CURNEN GREGORY J. HRACHO MARK H. CHANDLER ROY B. DALTON III JAMES D. HUDDLESTON ROGER J. KANESHIRO ADDISON G. DANIEL CORY D. HUDSON JOSEPH F. LOPES DAVID J. DARTEZ DAVID E. HUDSON GREGORY S. MICHEL MARK C. DAVID ALLAN C. HUEBNER JOHN E. SKILLICORN FELIX B. DAVIGNON, JR. WILLIAM T. HUEBNER, JR. GERSON S. VALLES MATTHEW E. DAVIN JOHN R. HUMPHREYS JUSTIN P. DAVIS NATHANIEL L. HUNTER IN THE NAVY JARROD D. DAY MICHAEL Y. HUNTSMAN THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- BRANDON J. DECKER TIMOTHY P. HURLEY MENT TO THE GRADE INDICATED IN THE REGULAR NAVY CHARLES B. DENNISON VINCENT J. JAKAWICH UNDER TITLE 10, U.S.C., SECTION 531: JEFFREY M. DESMOND MARK C. JANSEN MARCOS DIAZ, JR. ERIC H. JEWELL To be lieutenant commander TROY J. DICKEY DEBORAH A. JIMENEZ SARAH E. DIXON ERIC R. JOHNSON KEVIN J. OLIVER CHRISTOPHER A. DOBSON LUKE R. JOHNSON THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- REBECCA M. DOMZALSKI SCOTT G. JOHNSON MENT TO THE GRADE INDICATED IN THE REGULAR NAVY MEGAN M. DONNELLY ANDREW T. JONES UNDER TITLE 10, U.S.C., SECTION 531: TIMOTHY G. DROSINOS JOSHUA F. JONES To be lieutenant commander MARIUSZ K. DROZDZOWSKI SHANE P. JONES MICHAEL F. DUEZ DOUGLAS L. KAY MICHAEL FORTUNATO JULIE A. DUNNIGAN KENNETH P. KEEPES

VerDate Mar 15 2010 04:11 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00075 Fmt 0624 Sfmt 9801 E:\CR\FM\A08SE6.016 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE S5470 CONGRESSIONAL RECORD — SENATE September 8, 2011

WARREN R. KEIERLEBER CHRISTOPHER J. NICOLETTI JASON C. SMITH MAXWELL M. KEITH ROBERT W. NIEMEYER JEFFREY A. SMITH JONATHAN A. KELLEY JOHN P. NILLES MICHAEL C. SMITH ERIK J. KENNY GERONIMO F. NUNO WILLIAM D. SMITH HENRY N. KEYSER IV TIMOTHY D. OBRIEN WAYNE O. SPARROW CHRIS M. KIESEL PATRICK J. OCONNOR RYAN E. SROGI IAN J. KIRSCHKE GEORGE A. OKVIST MICHAEL B. STANFIELD KRISTOPHER D. KLAIBER MARTIN C. OLIVER SUSAN M. STARKEY CHRISTOPHER M. KLUTCH MATTHEW P. OLSON MICHAEL R. STEPHEN BRIAN D. KOCH MICHAEL L. OSULLIVAN JOHN W. STIGI KENNETH C. KOKKELER CHRISTOPHER J. OTTO ROBERT G. STIMIS JAMES KOTORA RYAN P. OVERHOLTZER JENNIFER D. STIMSON DANIEL D. KUITU WENDY J. OWCZAREK SHARON K. STORTZ GEORGE G. KULCZYCKI ELI C. OWRE JASON T. SUROWIEC ROBERT W. KURRLE, JR. PAUL C. OYLER MATHEW J. SWENSON IAN P. LAMBERT RICHARDO V. PADILLA JASON S. TARRANT DANIEL W. LANDI CRISTINA M. PAOLICCHI TYLER R. TENNILLE VICTOR M. LANGE JASON N. PAPADOPOULOS JOSHUA A. LARSON JOHN W. PARKER DANIEL N. TERESHKO JASON A. LAUTAR JOSEPH D. PARSONS MATTHEW S. THATCHER COLETTE B. LAZENKA LESTER O. PATTERSON JI J. THERIOT DANIELLE M. LEDBETTER SCOTT W. PAUL ADAM J. THOMAS GREGORY P. LEMBO FORREST S. PENDLETON COLIN J. THOMPSON CHRISTOPHER K. LEMON BRIAN H. PENNELL NATHANIEL B. THOMPSON LEONARD M. LEOS MICHAEL A. PEREZ QUERON THOMPSON GARY D. LEWIS SAVERIO PERROTTA SARAH E. THOMPSON MATTHEW K. LEWIS JOSEPH C. PERRY SCOTT M. THOMPSON WAYNE G. LEWIS, JR. BENJAMIN D. PETERMANN JOHN M. THORPE HUGO M. LIMA NELS E. PETERSON DAVID A. TICKLE EDWARD C. L. LIN ANTHONY M. PETROSINO DAVID M. TIGRETT KYLE D. LINDSEY DUSTIN W. PEVERILL SCOTT K. TIMMESTER PHILIPP A. LINES MATTHEW M. PIANETTA MARTY D. TIMMONS DANIELLE L. LITCHFORD MICHAEL E. PIANO RYAN A. TOMKINS CHARLES C. LITTON BRADLEY S. PIKULA NICHOLAS M. TRAMONTIN MICHAEL E. LOFGREN BRYAN S. PINCKNEY JARROD M. TRANT GEORGE P. LORANGER ALICIA J. PING STEPHEN M. TROY BENGT G. LOWANDER CHRISTOPHER S. PISEL MICHAEL P. TRUMBULL JAMES E. LUCAS MICHAEL T. PLAGEMAN GEORGE A. TSUKATOS THOMAS W. LUFT JASON R. POHL SARAH E. TURSE JEREMY N. LYON COREY POLITINO CHRISTOPHER D. TYCHNOWITZ NATHAN W. LYON JOHN P. PONTRELLO THOMAS J. UHL MARQUETTE H. MAGEE EMELIA S. PROBASCO PATRICK M. VEITH GWENDOLYN N. MAJOR STEVEN C. PUSKAS JASON C. VINING NICHOLAS C. MALOKOFSKY THOMAS F. RADICH III CLAY S. WADDILL JAMES M. MALVASIO THOMAS G. RALSTON DORNELIEO A. WAITS ROBERT W. MARRS CASEY M. RAYBURG ANTHONY J. WAKEFIELD MATTHEW L. MARTIN JARRED T. REDFORD CHRISTOPHER L. WALLACE RION W. MARTIN JESSE M. REED DONALD J. WALLACE CARLOS F. MARTINEZ ERIC T. REEVES RICHARD B. WALSH MICHAEL D. MARTINKO STEVE C. REIS DAVID M. WALSTON BRANDEN R. MARTY CRAIG M. REPLOGLE ANTHONY M. WATERS CHRISTOPHER M. MARTYN QUINN J. RHODES BRIAN P. WATT DEREK MASON MICHAEL T. RICE ROBERT C. WATTS IV SAMUEL P. MASON THOMAS D. RICHARDSON BRYAN T. WEATHERUP ANTHONY S. MASSEY DAWN T. RICKETTS WESLEY D. WEIBEL TODD R. MATSON TREVOR J. RITLAND JOSHUA W. WELLE DAVID B. MATSUMOTO ANDREW P. RIVAS JASON D. WELLS RICHARD T. MCCANDLESS DUSTIN W. ROBBINS KYLE C. WELSHANS DAVID S. MCCLINTOCK MATTHEW P. ROCHA MICHAEL F. WENDELKEN ANDREW P. MCCLUNE MATT W. RODGERS BRIAN K. WHITE MATTHEW L. MCDERMOTT ARTHUR S. RODRIGUEZ CARL E. WHITE LOUIS P. MCFADDEN III GEORGE P. ROLAND TIMOTHY R. WHITE JACKSON R. MCFARLAND JACOB M. ROSE WILLIAM R. WHITE TIMOTHY J. MCKAY NICHOLAS A. ROTUNDA BRIAN R. WHITTEN ANDREW M. MCKEE ALEXANDER A. RUCKER JOHN C. WIEDMANN III SCOTT A. MCKEE CHRISTOPHER J. SABBATINI DAVID B. WILLIAMS EDWARD P. MCKINNON CRAIG R. SALVESON SCOTT A. WILLIAMS BRADFORD J. MCNEESE JAMES O. SAMMAN THOMAS W. WILLIAMS CHRISTOPHER MENDOZA SUZANNE L. SAMPSON JAMES P. WILLIAMSON JOHN C. MERWIN ADAM SCHANTZ JUSTIN A. WILSON MICHAEL J. MESSEMER JONATHAN K. SCHEIN ANDREW N. WINBERRY GEORGE U. MESSNER III PETER S. SCHEU PATRINIA R. WINFREY CHRISTOPHER G. METZ DANIEL J. SCHLESINGER CHRISTOPHER T. WINTERS BRYAN W. MILLER GEORGE A. SCHMUKE JASON M. WITT MICHAEL L. MINUKAS NATHAN A. SCOTT MICHAEL A. WOEHRMAN MATTHEW L. MINZES ERIC D. SEVERSON NATHAN M. WOLF MICHAEL MOODY LUKE N. SHANK MATTHEW A. WRIGHT PHILIP C. MOORE ARDIS C. SHANNON GABRIEL D. YANCEY STEPHEN J. MOORE LEIGH C. SHANNON JEREMY S. YARBROUGH DANIEL A. MORREIRA KENNETH M. SHEFFIELD SAMUEL P. MORRISON MICHAEL S. SHELTON II IN THE MARINE CORPS JASON B. MORTON NIKOLAOS SIDIROPOULOS BRIAN T. MURPHY CHRISTIAN J. SIMONSEN THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR REBEKAH J. MURPHY BRANDON L. SIMPSON APPOINTMENT TO THE GRADE INDICATED IN THE CAROLINE C. MURTAGH MICHAEL J. SIMPSON UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., ELIZABETH A. NELSON RICHARD D. SITHIBANDITH SECTION 624: JONATHAN P. NELSON BRANDON D. SMITH DOUGLAS J. NEVES CHARLES R. SMITH To be major SEAN M. NEWBY DENNIS H. SMITH JESSE H. NICE JARED C. SMITH JOHN L. HYATT, JR.

VerDate Mar 15 2010 04:11 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00076 Fmt 0624 Sfmt 9801 E:\CR\FM\A08SE6.019 S08SEPT1 smartinez on DSK6TPTVN1PROD with SENATE September 8, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1557 EXTENSIONS OF REMARKS

IN HONOR OF SAND CITY POLICE HONORING THE VETERANS WHO Co-Chair of the House Manufacturing Caucus, CHIEF J. MICHAEL KLEIN RECEIVED THE SILVER STAR TIM RYAN of Ohio, the Mechanical Insulation BANNER AWARD ON AUGUST Incentive Act of 2011, MIA 2011. Mechanical 12TH, 2011 IN MCCOOK, ILLINOIS insulation is the insulation placed around me- HON. SAM FARR chanical equipment, such as large boilers, OF CALIFORNIA HON. DANIEL LIPINSKI heating and air conditioning units, duct work, IN THE HOUSE OF REPRESENTATIVES OF ILLINOIS and hot and cold water piping, to prevent en- Thursday, September 8, 2011 IN THE HOUSE OF REPRESENTATIVES ergy loss, control condensation, regulate tem- Thursday, September 8, 2011 perature, help reduce pollutants, and protect Mr. FARR. Mr. Speaker, I rise today to employees from hot or cold surfaces. Com- honor Sand City Police Chief J. Michael Klein, Mr. LIPINSKI. Mr. Speaker, I rise today to mercial buildings and industrial facilities con- who was recently named Police Chief of the honor the veterans who received the Silver sume 2.5 times more energy than homes, ac- Year by Crisis Intervention Team International. Star Banner on August 12th at a ceremony in cording to the Energy Information Administra- This award recognizes his work in establishing McCook, Illinois in recognition of illness or in- tion. Energy efficiency in mechanical insulation Monterey County’s Critical Incident Training jury sustained while on active duty in the is critical in reducing energy cost and con- Academy, which trains police officers to deal United States Armed Forces. It is a privilege sumption, and it is an essential industry for job with confrontations involving the mentally ill to acknowledge the sacrifices made by these creation. and people in crisis situations. brave citizens in the defense of our country, MIA 2011 will help the commercial and in- Chief Klein established Monterey County’s and I applaud their courage and fortitude. dustrial sectors invest in mechanical insulation Critical Incident Training Academy in 2000 to At the ceremony hosted by Cook County and create much-needed jobs in one of the align mental health and police action. At the Commissioner Jeffrey R. Tobolski of the 16th hardest-hit industries. The National Insulation onset, the Academy only offered 24 hours of District, the following servicemen were recog- Association, NIA, estimates that this bill alone training a few times per year. The concept nized: William Cochran, Kenneth Marinelle, could create or sustain more than 89,000 jobs was not readily accepted in the law enforce- Thomas Bezouska, Anthony Bezouska, Don- annually. Specifically, this legislation would ment community and officers were reluctant to ald Beach, Robert Tinson Sr., James create up to a 30 percent tax deduction to en- attend. Piotrowski, Thomas Higgins, Ralph Simpson, courage commercial and industrial entities, John Charles Judge, Louis Anderson, Joe Ro- However, in 2008, Chief Klein began work- such as manufacturing facilities, office build- mano, Russell Meredith, and James Tobolski. ing with Devon Corpus, the behavioral health ings, schools, hospitals, power plants, hotels, The Silver Star Banner was created by the unit supervisor at Natividad Medical Center. and universities, to go beyond minimum me- Silver Star Families of America, founded in Together, they increased the training to 40 chanical insulation requirements in new con- 2005. The mission of this nonprofit organiza- hours to include lectures on mental illness and struction and retrofit projects and increase tion is to provide care packages and show created scenarios that officers were likely to their maintenance activities. The NIA also esti- support to ill and wounded veterans and their actually encounter on the job. mates this bill could save up to $35 billion in families. The Silver Star Families of America energy costs and reduce as much as 170 mil- Today, the program is incredibly successful also works to serve the men and women of and continues to break new ground. The Mon- lion metric tons of carbon emissions over the the Armed Forces through education and ad- next five years. terey County Critical Incident Training Acad- vocacy campaigns that focus on the plight of emy combines resources from several local Mechanical insulation systems are a vital servicemen and servicewomen wounded while component in creating and maintaining high- groups. By incorporating resources from law on active duty. This organization is unique be- enforcement, emergency service workers, performance, energy-efficient buildings and in- cause candidates need not receive additional creasing manufacturing efficiency. MIA 2011 mental health officials and civil rights groups, military decoration to be eligible for the Silver the Academy works to create more effective cuts energy costs, reduces carbon emissions, Star Banner. Silver Star Families of America and puts Americans back to work through a interactions between officers and mental seeks to ensure that all those wounded and ill health care providers, individuals with mental tax incentive encouraging the use of mechan- members who have served in the Armed ical insulation. illness, their families, and also to reduce the Forces receive the recognition and honor they stigma of mental illness. Using a similar proc- deserve. f ess as hostage negotiators, the officers learn This ceremony exemplifies the 16th Dis- MEMORIAL TRIBUTE FOR CHIEF techniques to de-escalate hostile situations trict’s support for local veterans. Those who PETTY OFFICER SPECIAL WAR- and are thoroughly trained in intervention with risk their lives to protect our country deserve FARE OPERATOR DARRIK people suffering from mental illnesses, PTSD our utmost respect, and Commissioner CARLYLE BENSON and rage. Tobolski and the residents of the 16th District Mr. Speaker, I would like to thank Chief are helping to make sure they receive their HON. KAY GRANGER Klein for his service to our community. His due. leadership in aligning mental health with police Please join me in recognizing the recipients OF TEXAS efforts is a model for our nation and I am of the Silver Star Banner from Cook County’s IN THE HOUSE OF REPRESENTATIVES grateful for his service in protecting the life 16th District and surrounding areas. Their sac- Thursday, September 8, 2011 and dignity of our most vulnerable citizens. rifice and dedication to our country are an in- Ms. GRANGER. Mr. Speaker, I rise today to spiration to us all and will not be forgotten. honor Chief Petty Officer Special Warfare Op- f f erator Darrik Carlyle Benson who died August PERSONAL EXPLANATION REDUCING ENERGY COSTS AND 6th in Wardak Province, Afghanistan. Chief SUPPORTING JOB CREATION Benson was a patriot and a hero who made WITH MECHANICAL INSULATION the ultimate sacrifice ensuring the security of HON. MIKE PENCE our nation. He will be greatly missed. OF INDIANA HON. DONALD A. MANZULLO Chief Benson was a highly decorated com- bat veteran with numerous awards, including IN THE HOUSE OF REPRESENTATIVES OF ILLINOIS two Bronze Star Medals with Valor, Purple Thursday, September 8, 2011 IN THE HOUSE OF REPRESENTATIVES Heart Medal, Defense Meritorious Service Mr. PENCE. Mr. Speaker, I was absent from Thursday, September 8, 2011 Medal, Navy and Marine Corps Commenda- the House during rollcall vote 692. Had I been Mr. MANZULLO. Mr. Speaker, I am pleased tion Medal with Valor, Navy and Marine Corps present, I would have voted ‘‘aye.’’ to introduce today, with my good friend and Commendation Medal, two Navy and Marine

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 05:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K08SE8.001 E08SEPT1 jbell on DSK7SPTVN1PROD with REMARKS E1558 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 2011 Corps Achievement Medals, Combat Action CELEBRATING THE 100TH BIRTH- Young in the Rose Bowl for the National Ribbon, Presidential Unit Citation, two Afghan- DAY OF THE BAY CITY ARMORY Championship. I was there by the way with my istan Campaign Medals, Global War on Ter- BUILDING son, Kurt. What a game, what a memory. rorism Service Medal, and numerous other Most Texans, if you ask them, have at least personal and unit decorations. HON. DALE E. KILDEE one team for which their loyalty lies. One thing Chief Benson is survived by his loving fam- OF MICHIGAN I can say without a doubt is that Texas Tech ily, friends, and teammates. IN THE HOUSE OF REPRESENTATIVES fans love their football. It is the rich heritage of tradition that sets Texas Tech apart from all His nation owes Chief Benson an enormous Thursday, September 8, 2011 the rest. It is Bangin’ Bertha, the Saddle debt of gratitude. We are honored to have had Mr. KILDEE. Mr. Speaker, I rise today to Tramps and the Masked Rider. It’s Raider such an exemplary American fighting for his celebrate the 100th birthday of the Bay City Alley, the Double T Saddle and Raider Red. country. Armory Building. Raider Red fires two 12-gauge shotguns after I wish to extend my condolences to Chief The landmark Bay City Armory building, de- every touchdown and field goal—only in Benson’s family, friends, and teammates and signed by local architects Pratt and Koepke, Texas. hope they continue to find solace in his lasting celebrates its 100th birthday this month. The Mike Leach Era, at Texas Tech, began impact on his grateful nation. Our thoughts Dedicated on September 18, 1911, the Bay in 2000, when he arrived from Oklahoma (OU and prayers are with them. City Armory was first used by the military to Sooners) to take the head coaching position. organize and train local soldiers to chase During his first season, Coach Leach’s offense f Mexican strongman Pancho Villa along the produced records in nearly every passing cat- U.S. border. They later trained soldiers for the egory. In his following nine seasons, the Red IN HONOR AND REMEMBRANCE OF battlefields in France and Belgium during Raiders surpassed each of those passing MS. JANE SCOTT World War I. Their units were on hand to help records and doubled their yards per game. Ev- with disasters, riots and the conflicts of World eryone can agree that Leach has one of the War II, Korea and Vietnam. The building be- greatest offensive minds in football history. HON. DENNIS J. KUCINICH came home for Company C of the Peninsulars Leach coaches outside-the-box; he trained OF OHIO militia. The armory also was home to what be- Tech in the art of air assault operations. came the 128th Ambulance Company, later During his subsequent football seasons with IN THE HOUSE OF REPRESENTATIVES the 121st Ambulance Company and the 207th Texas Tech, he was awarded three national Thursday, September 8, 2011 Engineering Battalion. coach-of-the-year awards: the Woody Hayes, In 1912, the Armory was also the site of the the George Munger and the Howie Long/ Mr. KUCINICH. Mr. Speaker, I rise today in Republican state convention, where infighting Fieldturf. He never had a losing season in his honor and remembrance of Ms. Jane Scott, among the delegates, some supporting Presi- nine seasons at Tech. His record speaks for Cleveland’s preeminent voice on all matters dent William Howard Taft and others backing itself. rock ’n’ roll. former President Theodore Roosevelt, was so Seventeen of Leach’s Red Raiders were drafted into the National Football League, and Ms. Scott was born on May 3, 1919 in fierce that fist fights broke out inside and in another twenty-one signed free agent con- Cleveland, Ohio. She graduated from Lake- front of the building. The 1912 convention tracts under Leach’s tenure. In addition, while wood High School in 1937 and went on to pur- broke apart the party, with the splintered fac- coaching at Tech, Leach’s graduation rates in- sue English and drama majors at the Univer- tion helping to form the Progressive Party, or Bull Moose, in the November elections. creased and remained over 70 percent. sity of Michigan, from which she graduated in Not only is Mike Leach a great coach but he 1941. During World War II, she was a code The last National Guard units moved out of the building in 1986 and it was acquired by is also a lawyer. He earned his law degree breaker for the U.S. Navy, and afterwards she from Pepperdine, and credits his law school became the women’s editor of the Chagrin the Bay County Historical Society to be ren- ovated as the new historical museum. It education to his successful coaching career. Valley Herald. She also had brief bouts in ad- According to Leach, ‘‘a law degree is a degree vertising and public relations. opened as a museum in 1988 and continues to highlight Bay County’s history. in problem solving. My Juris Doctor has On March 24, 1952, Scott started working at Mr. Speaker, I would like to congratulate the helped me solve a number of problems I have The Plain Dealer as a society writer. However, Bay County Historical Society for preserving faced throughout my coaching career.’’ A law- after the Beatles performed at Public Hall in the Bay City Armory Building, one of Bay yer, who thinks outside-the-box, sounds famil- September 1964, Scott became The Plain City’s architectural jewels, and keeping Bay iar. Dealer’s rock critic, a role which she would County’s rich history alive. In 2009, he was fired from Tech over con- keep for four decades. She wrote music fea- f troversy for allegedly mistreating one of his tures, concert reviews, and was well known for players. Leach denied mistreating the player her long standing ‘‘What’s Happening’’ column GUNS UP—FOOTBALL AND MIKE and is currently working for CBS College in Friday! Magazine. LEACH Sports as an announcer. As legendary Coach Scott, affectionately known as the ‘‘World’s Bum Phillips is credited with saying: ‘‘there are Oldest Teenager,’’ became known for her un- HON. TED POE two types of coaches—those that have been dying passion for rock ’n’ roll and rock musi- OF TEXAS fired and those that will be’’. Leach recently cians, her ability to gain access to areas IN THE HOUSE OF REPRESENTATIVES wrote a book about his path into coaching and he looks forward to getting back on the side- where reporters were usually off-limits, and Thursday, September 8, 2011 her ability to spot talent. In her review of a line. performance by Bruce Springsteen in 1975 at Mr. POE of Texas. Mr. Speaker, in coffee Among Red Raider fans and those who the Allen Theater, she predicted that ‘‘he will shops, barber shops and even in the beauty have met him, played for him and learned be the next superstar,’’ months before he was salons all across Texas, the talk is the same— from him, Mike Leach is wholeheartedly con- featured on the front covers of Newsweek and how’s the team gonna be this year? It’s that sidered a legend in his own time. Time. time of year, a time that folks in Texas and So this weekend, grab the family, put on across the South prepare for all year long, your team colors and head to the game. Grab Ms. Scott was admired by such rockers as Football season. Football in Texas is its own some hot dogs and a coke and take part in Lou Reed, Peter Frampton, David Thomas of religion, where even the preacher cuts the ser- one of Texas’ finest traditions. You will see Pere Ubu, and Michael Stanley. She went on mon short on Sundays to get you home in some of those folks that you went to high to become a celebrity herself, and was profiled time to watch the game. Nowhere else on school with some of the same old guys sitting in the New York Times, the Wall Street Jour- earth will you find a culture so linked with foot- in the same seats as they were in 20–30 nal, Rolling Stone, People Magazine, CNN ball like is in Texas. years ago. I wish all the players, the coaches, and MTV, among others. Texas football is that of both legend and the trainers, the cheerleaders, the drill team Mr. Speaker and colleagues, please join me legacy. It has spawned countless books, mov- and all those people that volunteer their time in honor and remembrance of Ms. Jane Scott, ies and TV series; providing a look into a way to support our kids the very best luck. Know a woman whose passion for rock ’n’ roll made of life that is so proudly unique. It’s the Junc- that you are all a part of something very spe- her a legendary figure in the Cleveland com- tion Boys, the Tyler Rose, the last minute cial, a Texas religion—Texas Football. munity. touchdown run by Texas Longhorn Vince And that’s just the way it is.

VerDate Mar 15 2010 05:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K08SE8.005 E08SEPT1 jbell on DSK7SPTVN1PROD with REMARKS September 8, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1559 DUQUESNE LAW SCHOOL’S 100TH MEMORIAL TRIBUTE FOR SENIOR IN RECOGNITION OF LAKEWOOD ANNIVERSARY CHIEF PETTY OFFICER SPECIAL PARK WARFARE OPERATOR THOMAS ARTHUR RATZLAFF HON. DENNIS J. KUCINICH HON. MICHAEL F. DOYLE OF OHIO OF PENNSYLVANIA HON. KAY GRANGER IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES OF TEXAS Thursday, September 8, 2011 IN THE HOUSE OF REPRESENTATIVES Mr. KUCINICH. Mr. Speaker, I rise today in Thursday, September 8, 2011 Thursday, September 8, 2011 recognition of Lakewood Park, which is being Mr. DOYLE. Mr. Speaker, I rise today to dedicated with an Ohio Historical Marker. Ms. GRANGER. Mr. Speaker, I rise today to The rich history of Lakewood Park chron- commemorate the 100th anniversary of the honor Senior Chief Petty Officer Special War- icles the history and continuing development Duquesne University School of Law, a widely fare Operator Thomas Arthur Ratzlaff who of the City of Lakewood. The 31 acres were respected institution of higher learning In died August 6th in Wardak Province, Afghani- originally part of a larger piece of land owned Pennsylvania’s 14th Congressional District. stan. Senior Chief Ratzlaff was a patriot and by Mr. John Honam, an early settler to the The Duquesne University School of Law a hero who made the ultimate sacrifice ensur- area. Mr. Honam’s 1834 house was moved to was founded in 1911. It was the first profes- ing the security of our nation. He will be great- the grounds of Lakewood Park in 1959 and is ly missed. sional school added to Duquesne University, a now the Oldest Stone House Museum. In the Senior Chief Ratzlaff was a highly decorated private Catholic university which was estab- 1860s, Robert R. Rhodes began purchasing combat veteran with numerous awards and land in Lakewood. In 1881, Mr. Rhodes built lished in 1878 by members of the Congrega- decorations, including five Bronze Star Medals a mansion on the estate known as ‘‘The Hick- tion of the Holy Spirit, often referred to as with Valor, Purple Heart Medal, Defense Meri- ories.’’ The mansion was home to the Rhodes Spiritans. torious Service Medal, two Joint Service Com- family until his passing in 1916. The Duquesne University School of Law mendation Medals, Navy and Marine Corps After Mr. Rhodes’ passing, ‘‘The Hickories’’ began as a night school with 12 students. Commendation Medal, two Navy and Marine served as a home for wounded World War I Consistent with the Spiritan tradition, the Corps Achievement Medals, two Combat Ac- soldiers and later, a hospital annex during the school was a pioneer in providing legal edu- tion Ribbons, Presidential Unit Citation, and influenza epidemic of 1918. The City of Lake- numerous other personal and unit decorations. cation to the working-class, minorities, and wood purchased ‘‘The Hickories’’ in 1919 and Additionally, Senior Chief Ratzlaff was award- the mansion was the home of Lakewood City women. It was designed to accommodate stu- ed the Star of Military Valor, for actions in Af- Hall from 1920 until it was demolished in dents’ family and work obligations. Enrollment ghanistan while supporting Canadian Soldiers. 1959. A single stone wall of the mansion re- has increased dramatically over the last 100 He is only the second American since World mains in Lakewood Park commemorating its years to the current total of 646 students, and War I to have this honor bestowed upon him. role in Lakewood’s history. the Duquesne University School of Law now Senior Chief Ratzlaff is survived by his lov- Today, Lakewood Park serves as a gath- offers several degrees in full-time and part- ing family, friends, and teammates. ering place for the residents of Lakewood. time programs offering clinics, practicums, and His nation owes Senior Chief Ratzlaff an Lakewood Park is home to Foster Pool, the international study as well as the Cyril H. enormous debt of gratitude. We are honored Lakewood Skate Park, the Lakefront Prome- Wecht Institute of Forensic Law. It continues to have had such an exemplary American nade, the Lakewood Park Bandshell, Kids to offer flexible schedules to expand access fighting for his country. Cove Playground, the Woman’s Club Pavilion, for those who could otherwise not pursue a I wish to extend my condolences to Senior the Kiwanis Open Pavilion and numerous sand volleyball courts, softball fields and picnic law degree. Chief Ratzlaff’s family, friends and teammates and hope they continue to find solace in his areas. The Duquesne University School of Law has lasting impact on his grateful nation. Our Mr. Speaker and colleagues, please join me embraced the globalization of law in the 21st thoughts and prayers are with them. in recognition of the dedication of the new century. It opened the first summer schools for Lakewood Park Ohio Historical Marker. American Law Students in Beijing, China in f f 1995 and the Vatican City State in 2001, as CONGRATULATING ANNELISE JEAN MACCORMACK MOVES TO well as additional programs in Dublin, Ireland, BERGERON THE NEXT PHASE OF A GREAT and Cologne, Germany. CAREER The law school encourages moral and eth- HON. RODNEY ALEXANDER ical exploration through coursework offerings HON. BARNEY FRANK OF LOUISIANA on the intersection between Law and Philos- OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES ophy and between Law and different religions. IN THE HOUSE OF REPRESENTATIVES The school’s educational philosophy maintains Thursday, September 8, 2011 Thursday, September 8, 2011 that preparation for the legal profession re- Mr. ALEXANDER. Mr. Speaker, I rise today Mr. FRANK of Massachusetts. Mr. Speaker, quires the development of a special character, to congratulate Ms. Annelise Bergeron for many of us in Southeastern Massachusetts— competency, and disposition. being chosen as Queen Evangeline of the and indeed in Massachusetts as a whole—had Alumni of the Duquesne University School 43rd International Acadian Festival held annu- very mixed emotions on learning of the deci- of Law make up over a third of membership of ally in Iberville Parish. The International Aca- sion by University of Massachusetts Dart- the Allegheny County Bar association, with dian Festival is sponsored by the Knights of mouth Chancellor Jean MacCormack to retire. Columbus, Council #970 of Plaquemine, La, over 7,200 alumni practicing in every field of She will be greatly missed, and we cannot which is the 3rd oldest K.C. council in the law, in all 50 states, and in several foreign help but express our deep regret that she will State of Louisiana. be moving on from the position from which countries. Alumni serve at the local, state, and It always brings about personal pride to see she has shown such extraordinary leadership federal levels. Duquesne Law alumni have young students of the Bayou State achieving educationally, economically and culturally. But also served as judges of the United States their goals while simultaneously working to given how hard Jean MacCormack has Court of Appeals and the Federal District give back and improve their communities. This worked, how dedicated she has been to her Courts. talented young woman is currently a senior at students, to the faculty, and to the region of As the Duquesne University School of Law St. Joseph Academy in Baton Rouge. I have which that institution is such an important part, celebrates its centennial anniversary, I want to the highest confidence that Annelise will suc- no one can begrudge her the decision to take congratulate its faculty, staff, students, alum- ceed in whatever endeavors she pursues. a pause and move to different work. I ask my colleagues to join me in passing I say different work, Mr. Speaker, because nae, friends, and supporters and commend good wishes to Annelise Bergeron, her family, no one who knows the energy, passion for them on their many contributions to the com- and the International Acadian Festival. helping others and improving the world around munity of Pittsburgh and to our nation. Annelise is truly deserving of this recognition. her, and great gift for friendship that Jean

VerDate Mar 15 2010 05:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A08SE8.003 E08SEPT1 jbell on DSK7SPTVN1PROD with REMARKS E1560 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 2011 MacCormack possesses doubts that she will tive voices and allow the spirit and intent of New England School of Law, which was ab- soon be doing something else of great value. the Morrill Act to be hijacked. We cannot ac- sorbed by UMass, said she doubts But this is an appropriate time to note the cept the new dogmas of the stormy present MacCormack will slow down all that much. to prevail. Too much is at stake for our na- wide range of very important contributions she ‘‘Neither one of us is constitutionally ca- tion and our democracy.’’ pable of doing that,’’ she said. has made to our region. She said in her address that she sees no ob- MacCormack’s pending retirement did not As the Member of the House proud to rep- vious strategy. ‘‘I would love to tell you that strike her as much of as surprise, she said. resent what has been for many years the I see a clear pathway for improvement on ‘‘She always had a sort of a long-term plan leading fishing community in the United the national issues, but instead I think those that obviously would include retiring, but States, New Bedford, and its surrounding possibilities are only slowly emerging from she was anxious to get things done, and towns, I have derived enormous strength from the name-calling and the rancor. What I am she’ll make sure certain things are well quite certain about is that we must find our the work that has been done at the University under way.’’ voice in this national debate and become For merging the law school, Xifaras said, of Massachusetts Dartmouth to support the strong advocates for not abandoning our na- fishing industry with first-rate research, and she will be ‘‘eternally grateful’’ to the chan- tion’s longstanding commitment to the clear cellor. ‘‘She was a critical moving force,’’ Jean MacCormack has been an essential fac- mission of public higher education.’’ she said. New Bedford Mayor Scott Lang, who has tor in that effort. ‘‘Now its time for her to step back from a conducted hardball negotiations with Under her leadership, UMass Dartmouth lifetime of commitment to education. She MacCormack and the university over land at has become a very important source of re- will be missed.’’ Fort Taber to expand SMAST, was effusive Fall River developer James Karam, chair- search and leadership for economic develop- in his praise for the chancellor. ment in dealing with our ocean resources in ‘‘She’s left a very long-lasting, positive man of the UMass Board of Trustees, said, general and UMass Dartmouth has played a legacy for the university,’’ Lang said. ‘‘She’s ‘‘Jean has always understood that edu- very essential role in promoting the economic left a tremendous amount of momentum in cational opportunity was vital to our area development of our region both with regard to key areas that the next chancellor will need and has worked tirelessly to make sure that education of the highest quality was avail- some specific industries, including textiles and to build on. ‘‘I regard her as a friend. We don’t agree on able to all of our citizens.’’ cranberries, in addition to fishing, and in gen- every issue and we never, never will. But I He added that MacCormack ‘‘has worked eral. enjoyed working with her. It’s in the interest to transform our lives and in the process has Many people talk about the important of everyone in this region that our univer- transformed our region. She has championed synergies that come from making sure that sity be extremely successful, innovative and the SouthCoast and has our undying grati- first-rate academic work is coordinated with a true partner,’’ Lang said. tude.’’ economic development. Jean MacCormack During her tenure, which began in 1999 has done as much as anyone I know to make when she arrived from UMass Boston, the f campus expanded greatly, including a visual that a reality. And I was very proud to be one and performing arts campus in downtown HONORING OFFICER GARY of those who worked under her leadership to New Bedford, the state’s first public law CONKLIN create the first public law school in the history school in Dartmouth, the Charlton College of of Massachusetts, with the merger of Southern Business, vastly increased on-campus hous- New England Law School into the University ing, establishment of the School of Public HON. DALE E. KILDEE of Massachusetts system, headquartered at Policy and Education, and the Advanced OF MICHIGAN the Dartmouth branch. Technology Manufacturing Center, among IN THE HOUSE OF REPRESENTATIVES others. Mr. Speaker, Jean MacCormack was to me In her letter of resignation to UMass Presi- Thursday, September 8, 2011 not just a great educational leader, but a great dent Robert L. Caret, MacCormack listed friend. No one could be in her presence with- several pieces of unfinished business that she Mr. KILDEE. Mr. Speaker, I rise today to out being made to feel valuable and to be en- hopes to complete. They include expansion honor a brave public servant Officer Gary tertained and instructed at the same time. I of the School of Marine Science and Tech- Conklin of the Linden Police Department. join with the population of Southeastern Mas- nology in New Bedford, the Bio-Manufac- Recently, tragedy struck the town of Fenton sachusetts in thanking her for a job very well turing Center in Fall River, securing Amer- when two contractors fell twenty feet into a done and in wishing her well as we watch her ican Bar Association accreditation for the sewer filled with methane gas. One of the con- law school, finishing the renovation of the move on to her next work. tractors was killed in the accident and the Claire T. Carney Library, and ‘‘re-engineer- other severely injured. If it were not for the And Mr. Speaker, as an indication of the im- ing enrollment and retention strategies to pact Jean MacCormack has had, I ask that address a changing marketplace.’’ bravery of Officer Conklin there would be two the excellent article from the New Bedford MacCormack expressed frustration at the families grieving the loss of a loved one. Standard Times about her career be printed difficulty in getting enrollment up to 10,000 Upon arriving at the scene Officer Conklin here. from 6,000. That’s important, she said, be- saw the two men laying face down in two feet cause the campus had a 10–1 student-teacher UMASS DARTMOUTH CHANCELLOR STEPPING of water. Knowing the risk the gas posed Offi- ratio when it could support 16–1. With DOWN AFTER THIS YEAR cer Conklin obtained a respiratory device from growth, she said, comes fiscal stability be- his vehicle. The device was not made for (By Steve Urbon) cause students pay fees and tuition, which DARTMOUTH.—Expressing deep concern for supports programs and development. these types of toxic situations but he knew it the future of public higher education in It also offsets steadily declining state sup- was better than nothing. Putting himself in America, Jean F. MacCormack Tuesday an- port, down below 20 percent of the budget harm’s way he entered the sewer and began nounced she will retire at the end of this from as much as 78 percent two decades ago. working to stabilize the men. academic year as chancellor of the Univer- And yet, she said, public higher education He was able to prop the survivor Joseph sity of Massachusetts Dartmouth. accounts for 80 percent of enrollment and Flipansick up on the side of the sewer. A civil- MacCormack, 64, notified the campus at does—in theory, at least—offer as good an the annual faculty/staff convocation break- education as private schools, although per- ian entered the sewer to assist and the two of fast and in a campus-wide email. haps without the connections a student can them were able to roll the other victim over so Noting the shrinking financial support for make at Harvard, for example. he did not drown. After moving the men Offi- state-run colleges and universities, MacCormack touted her efforts to connect cer Conklin felt his time running out and exited MacCormack, both in her address and in an UMass Dartmouth with the community, and the sewer ordering the civilian out as well. interview, lamented the dwindling public said she will remain in SouthCoast to per- When Linden Police Chief, Scott Sutter support and today’s increasing hostility to- haps write a book and take up community- asked Officer Conklin why he entered the ward the public sector. ‘‘They’re angry at related interests. But she will retire, not re- the government and it spills over,’’ she said. turn to teaching, to give herself a breather sewer Officer Conklin responded simply ‘‘that’s But she did not say that was the reason for after 30 years in administrative jobs that re- what I signed up for.’’ Because of Officer her retirement; rather, she cited the wish to quired all of her time. Conklin’s selfless act of courage and bravery pursue other interests after three decades of ‘‘UMass Dartmouth is already a model of a Joseph Flipansick is alive. working ‘‘24/7’’ in college administration. university whose teaching and discovery is Mr. Speaker, I would like to offer my sym- And despite the fact she has come under crit- fully engaged in the life of its community. I pathies to the family that lost their loved one icism politically, she said politics had no am sure that this campus will be attractive that day. I would also like to thank Officer bearing on her decision. to higher education leaders who strive to be Citing the 1862 Morrill Act signed by Presi- entrepreneurial and bold,’’ she said in her ad- Conklin for acting with such brazen courage. dent Lincoln establishing land-grant col- dress. He embodies what it means to be a public leges, MacCormack said: ‘‘We simply cannot Margaret ‘‘MarDee’’ Xifaras, a local attor- servant and his commitment to ‘‘protect and allow the debate to be dominated by nega- ney and former chairman of the Southern serve’’ is inspiring to all.

VerDate Mar 15 2010 05:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A08SE8.004 E08SEPT1 jbell on DSK7SPTVN1PROD with REMARKS September 8, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1561 TRIBUTE TO MR. JOHNNIE DOSS LCDR Kelsall is survived by his loving fam- studies in social work at the Catholic Univer- ily, friends, and teammates. His nation owes sity of America. Ms. Schwab’s personal deco- HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. LCDR Kelsall an enormous debt of gratitude. rations include twenty-five years of out- OF GEORGIA We are honored to have had such an exem- standing performance and monetary awards plary American fighting for his country. as well as numerous letters of appreciation IN THE HOUSE OF REPRESENTATIVES I wish to extend my condolences to LCDR and training completion certificates. Ms. Thursday, September 8, 2011 Kelsall’s family, friends, and teammates and Schwab was a valued staffer to Representa- Mr. JOHNSON of Georgia. Mr. Speaker, hope they continue to find solace in his lasting tive Tom Bevill (D–4–AL), who served in this Whereas, one hundred and two years ago a impact on his grateful nation. Our thoughts body for 30 years. Representative Tom Bevill tenacious man of God was born in Camp Hill, and prayers are with them. (D–4–AL) and my father, Representative Wal- Alabama on August 14, 1909; and f ter B. Jones, Sr. (D–1–NC), both served to- Whereas, Mr. Johnnie Doss was born to Mr. gether in Congress for many years and were Jack and Mrs. Minnie Doss, he grew up in IN HONOR OF MR. WILHELM G. close and personal friends. Camp Hill, Alabama attending school in the SPEIGELBERG, II Ms. Schwab brought her unique experience local school system; he worked as an experi- and perspective to numerous roles, including mental farmer for the government. He owned HON. DENNIS J. KUCINICH Senior Legislative Assistant/Director of Case- cattle and sold milk to the local dairy; and OF OHIO work and Deputy Chief of Staff/Constituent Whereas, Mr. Doss has shared his time and IN THE HOUSE OF REPRESENTATIVES Relations Director. Since that time, Ms. talents as a husband, father and motivator, Thursday, September 8, 2011 Schwab has served with distinction as Special giving the citizens of Georgia a person of Assistant to the Chief of Legislative Affairs, Of- great worth, a fearless leader and a servant to Mr. KUCINICH. Mr. Speaker, I rise today in fice of the Secretary of the Navy, as Special all who want to advance the lives of others; honor of Mr. Wilhelm G. Speigelberg, II, who Assistant to the Assistant Secretary of the and is retiring after 31 years of government serv- Navy for Manpower and Reserve Affairs, and Whereas, Mr. Doss has been blessed with ice. as Special Legislative Liaison, Office of Legis- a long, happy life, devoted to God and credits After graduating cum laude from Case lative Affairs, Headquarters, U.S. Marine it all to the will of God; he is a father of fifteen Western Reserve University with a degree in Corps. (15), a grandfather of fifty (50), a great-grand- political science in 1978, Mr. Speigelberg at- As House Congressional Liaison Officer, father of forty-two (42) and a great-great tended the Cleveland Marshall School of Law. Ms. Schwab has served four Commandants grandfather of thirty-two (32); and He earned his J.D. in 1982. and five Legislative Assistants, providing her Whereas, Mr. Doss along with his family Mr. Speigelberg began his career in public mastery skills and knowledge to the Marine and friends are celebrating this day a remark- service with the Ohio State Lottery in 1976 as Corps environment. She brought with her a able milestone, his 102nd birthday, we pause a public information officer. He later worked keen insight into the inner workings of the to acknowledge a man who is a cornerstone with the Ohio Department of Administrative House of Representatives. Ms. Schwab’s two in our community; and Services as a grant coordinator. Once Mr. decades of experience on Capitol Hill and at Whereas, the U.S. Representative of the Speigelberg had earned his law degree, in Marine Corps Headquarters have provided her Fourth District of Georgia has set aside this 1983, the City of Garfield Heights appointed with the ability to capitalize on long-standing day to honor and recognize Mr. Doss on his him as the city’s assistant law director. After relationships with congressional staff members birthday and to wish him well and recognize several years, Mr. Speigelberg began working to ensure that the Marine Corps message was him for an exemplary life which is an inspira- with Judge Deborah J. Nicastro. He would being delivered and received in a manner that tion to all; serve as her personal bailiff and law clerk and ensured open and effective communication Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- was later appointed Magistrate and Acting between Congressional Staff and the Marine SON, JR. do hereby proclaim August 14, 2011 Judge to assist Judge Nicastro. Corps. Ms. Schwab represented the Marine as Mr. Johnnie Doss Day in the 4th Congres- In addition to his distinguished career, Mr. Corps on all Marine-related matters and guid- sional District. Speigelberg is an active member of the com- ed the Marine Corps’ most difficult and chal- Proclaimed, this 14th day of August, 2011. munity. He has been involved in numerous lenging legislative initiatives with great suc- f campaigns throughout the State of Ohio and is cess. Through direct interaction with Members well known for his political campaign manage- MEMORIAL TRIBUTE FOR LIEU- of Congress, and their staffs, she ensured that ment skills. He is a licensed referee who offi- the Marine Corps requirements were widely TENANT COMMANDER JONAS ciates local basketball, football, baseball and BENTON KELSALL known and understood, thereby guaranteeing lacrosse games. the best possible support. Examples of her Mr. Speaker and colleagues, please join me success include the procurement of the MV– HON. KAY GRANGER in honoring Mr. Wilhelm G. Speigelberg II and 22 Osprey, the acquisition of Mine Resistant OF TEXAS thanking him for 31 years of dedicated service Ambush Protected (MRAP) vehicles and wide- IN THE HOUSE OF REPRESENTATIVES to the City of Garfield Heights and State of ranging Congressional support for the estab- Ohio. Thursday, September 8, 2011 lishment of the Wounded Warrior regiment. f Ms. GRANGER. Mr. Speaker, I rise today to Ms. Schwab’s uncompromising profes- honor Lieutenant Commander Jonas Benton CONGRESSIONAL TRIBUTE HON- sionalism, astute judgment and strong inter- Kelsall who died August 6th in Wardak Prov- ORING MS. SYLVIA S. SCHWAB, personal skills contributed substantially to the ince, Afghanistan. LCDR Kelsall was a patriot HOUSE CONGRESSIONAL LIAISON development of many Marine Corps plans, and a hero who made the ultimate sacrifice OFFICER, UNITED STATES MA- programs, policies, and activities. She consist- ensuring the security of our nation. He will be RINE CORPS (RETIRED) ently worked to reinforce the Marine Corps greatly missed. policies and ensured that the guidance was LCDR Kelsall was a highly decorated com- HON. WALTER B. JONES widely disseminated to influential, keeping with bat veteran with numerous awards, including the highest traditions of the Marine Corps and OF NORTH CAROLINA the United States Naval Service. the Legion of Merit, three Bronze Star Medals IN THE HOUSE OF REPRESENTATIVES with Valor, Purple Heart Medal, Defense Meri- I had a long professional relationship with torious Service Medal, Joint Service Com- Thursday, September 8, 2011 Ms. Schwab and always found her to be the mendation Medal with Valor, three Navy and Mr. JONES. Mr. Speaker, I am proud today consummate professional. It was a pleasure to Marine Corps Commendation Medals, two to rise to honor Ms. Sylvia S. Schwab, House serve with her. Joint Service Achievement Medals, two Com- Congressional Liaison Officer, Office of Legis- It is for these outstanding personal qualities, bat Action Ribbons, two Presidential Unit Cita- lative Affairs, United States Marine Corps, for dedication to service, and exceptional perform- tions, three Afghanistan Campaign Medals, her decades of service on Capitol Hill and ance both on Capitol Hill and with the United Iraq Campaign Medal, Global War on Ter- twelve years as an invaluable Civilian Marine. States Marine Corps that we express to her rorism Service Medal, and numerous other Ms. Schwab is an alumna of Mary Wash- our heartfelt pride and best wishes in her personal and unit decorations. ington College, and has undertaken graduate surely successful future endeavors.

VerDate Mar 15 2010 05:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A08SE8.007 E08SEPT1 jbell on DSK7SPTVN1PROD with REMARKS E1562 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 2011 RECOGNIZING THE BROWN CITY feat fascism, communism and to protect our that has beset Obama. He has tried to avoid FIRE DEPARTMENT IN HONOR OF freedom and spread it to hundreds of millions such divisions by publicly explaining his THE 10TH ANNIVERSARY OF 9/11 across the world. Today we continue that fight willingness to compromise, but these ges- tures have been spurned. Some of his polit- against yet another enemy of freedom, and ical critics have gone so far as to express the HON. CANDICE S. MILLER once again freedom will triumph. The world hope that the Obama Administration will OF MICHIGAN should know that America will never surrender fail, even avowing their determination to IN THE HOUSE OF REPRESENTATIVES in the fight for liberty and will remain eternally hasten that failure. What has happened, one vigilant to the simple statement in our is compelled to ask, to the love of nation? Thursday, September 8, 2011 Pledge—‘‘One nation, under God, with liberty I have learned that it is not easy to suc- Mrs. MILLER of Michigan. Mr. Speaker, I ceed either as a senator or as a president if and justice for all.’’ you are pushing for fundamental change. We am grateful for this opportunity to recognize I want to commend the Brown City Fire De- tend, as lawmakers and as citizens, to drift and acknowledge a special event occurring in partment for their hard work and commitment along with the familiar ways of thinking: If the 10th Congressional District this upcoming to honor their brothers and sisters from New it is good enough for Grandma and Grandpa, Sunday, September 11, 2011. For many, this York City by constructing this 9/11 monument. it is good enough for us. If it is good enough is a solemn time because our Nation is pre- This is a testament to the community’s leader- for the flag-wavers and the boasters, it is paring to remember the 10th Anniversary of 9/ ship to ensure future generations always re- good enough for us. Such resistance to 11 and pay tribute to the brave men and change often is strengthened by powerful in- member and never forget. I thank them for terests—nowhere more forcefully than in the women who lost their lives on that tragic day. their service and I appreciate this opportunity National Defense bill that Congress con- I think it’s important to note Americans across to acknowledge their exceptional work to see siders and passes each year. this land share in the grief felt by all who lived this project come to fruition. When I entered the U.S. Senate in 1963, the defense budget was $51 billion. This was at a through and witnessed that horrendous attack f on the United States of America. time when our military experts felt it nec- I too share in that sorrow and want to com- RECOMMENDING A THOUGHTFUL essary to have the means to win a war mend and applaud the Brown City Fire De- ARTICLE BY FORMER SENATOR against the combined powers of Russia and China. Today we have a military budget of GEORGE MCGOVERN partment for standing up to honor the innocent over $700 billion, and yet neither Russia nor lives lost 10 years ago—just as they have China threatens us, if indeed they ever did. done each of the past 9 years. Located in HON. JAMES P. McGOVERN Nor does any other nation. Furthermore, the rural Sanilac County, Brown City started on OF MASSACHUSETTS terrorist threat we face is not a military matter. The World Trade Center was brought this journey almost three years ago to obtain IN THE HOUSE OF REPRESENTATIVES a piece of the World Trade Center by submit- down not by artillery or bombers or battle- ting an application to the New York Port Au- Thursday, September 8, 2011 ships but by nineteen young Arabs equipped only with box cutters. The Department of thority. To the delight of the fire department Mr. MCGOVERN. Mr. Speaker, I rise today Homeland Security created by the Bush Ad- and the entire community, the application was to bring the attention of my colleagues to a re- ministration after this attack is a better in- approved and a piece of the I-Beam from the cent article by my friend, former Senator strument against terrorism than our mili- World Trade Center would become the foun- George McGovern, in the September, 2011 tary, even though our armed forces are the dation of a memorial in memory of the 343 issue of Harper’s magazine. best in the world. firefighters lost that horrific day. In the article, Senator McGovern offers a In my career both in the House and in the Mr. Speaker, I have the distinct privilege to series of recommendations to improve our Na- Senate, inspired by the words of Eisenhower, my supreme commander in Europe during represent Brown City and coincidentally I have tion, including bringing our troops home from World War II, I tried hard to curb the powers visited to New York City as well. Despite end- Afghanistan, investing in the jobs of the future, of what Eisenhower, in his farewell address ing in the word ‘‘city’’, one could easily state and reducing defense spending. as president, referred to as the ‘‘military-in- this is where the similarities end. However, I Senator McGovern continues to bring an im- dustrial complex.’’ Needless to say, all my would argue the few things they do share in portant, thoughtful perspective to the issues of efforts to reduce military spending were de- common build a unique and solid bond which the day. I urge my colleagues to read his arti- feated. With the renaming of the War De- far exceeds the differences. I remind you no cle and to give serious consideration to the partment as the Defense Department in 1947, the military part of the government became matter where we call home; we are all Ameri- proposals he outlines. sacred, virtually untouchable. How could cans first. EASY CHAIR—A LETTER TO BARACK OBAMA anyone vote to cut defense unless he or she Like the NYFD, the Brown City Fire Depart- (By George McGovern) is willing to face political defeat? We need a new definition of ‘‘defense’’ that ment is comprised of men and women who When President Franklin Roosevelt came takes into account the quality of our edu- have answered the call of duty to serve and into office in the depth of the Great Depres- cation, the health of our people, the preser- protect. Firefighters are cut from the same sion, he sought to stabilize and empower vation of the environment, the strength of cloth which is sewn with courage, bravery and American society by introducing bold new our transportation, the development of alter- initiatives: Social Security, the Public fortitude always putting other citizens ahead of native fuels, the vigor of our democracy. Works Administration, the Federal Deposit their own safety and well-being. Their love of These were the concerns expressed by the Insurance Corporation, the Rural Elec- country, honor and service diminishes any people who stood in Cairo’s Tahrir Square trification Administration, the Tennessee geographical disparities. holding up their signs for more than two Valley Authority, the Civilian Conservation Although America was shocked by the weeks this winter. Without guns, knives, or Corps, and the Agricultural Adjustment Ad- the use of their fists, they brought down the events of 9/11, it ultimately re-affirmed and ministration, among many others. These dictator who had exploited them for nearly proved once again that the American spirit, re- measures were sufficiently successful, as was thirty years. solve and character are full-proof and can his leadership during World War II, that he All Americans want their country to have withstand any damage a terrorist attack tries secured four terms in the White House. an adequate military defense. But under to inflict. Just as Brown City has done, and There was some congressional resistance but pressure from corporate lobbyists and legis- continues to do, we will always stand shoulder not enough to block the support of both po- lators seeking military contracts or bases to shoulder with our fellow Americans no mat- litical parties. for their states, we are spending to excess ter what our differences may be. Liberty and Like Roosevelt, President Barack Obama while other sources of national defense, such has inherited a serious economic crisis, but as health care and education, are short- freedom will always prevail. in his first two years in office he has been Lastly Mr. Speaker, I ask every American to changed and the national debt grows ever met with an even worse problem: the rigid larger. take a moment to reflect upon and remember opposition of the rival party leaders to na- Many patriotic Americans have opposed those who lost their lives in this senseless act. tional health care and nearly every other the two wars our gallant young troops have We all should also say a prayer of thanks- proposal he has made. The Republican House been asked to fight in Iraq and Afghanistan. giving for those who gave their lives on that Appropriations Committee has even voted to Nobel Prize-winning economist Joseph day and for those who since then have fought terminate public funding for NPR and PBS. Stiglitz has estimated that the direct and in- and sacrificed on battlefields across the globe. Neither during my four years in the House of direct costs of the Iraq war will amount to $3 Representatives, when Dwight D. Eisenhower Our great Nation was born in a revolution trillion. This represents nearly a quarter of was in the White House, nor through eight- our national debt. I suspect that the war in against tyranny. It has stood since that time as een years in the U.S. Senate, under John Afghanistan will eventually cost another $3 a beacon of hope for countless individuals Kennedy, Lyndon Johnson, and Richard trillion and we still will not have achieved who have come with a yearning to be free. Nixon, have I witnessed any president our aim. General David Petraeus, the com- We have sent our sons and daughters to de- thwarted by the kind of narrow partisanship mander of U.S. forces in Afghanistan, advises

VerDate Mar 15 2010 05:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A08SE8.009 E08SEPT1 jbell on DSK7SPTVN1PROD with REMARKS September 8, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1563 that we cannot think of withdrawing our ening our security, including the elimination fare Operator Louis James Langlais who died troops before 2014. If we stay on that sched- of sophisticated warplanes—all of which, August 6th in Wardak Province, Afghanistan. ule, our soldiers will have been fighting, added up, could save a trillion dollars over Master Chief Langlais was a patriot and a bleeding, and dying there for thirteen the next ten years. years—more than three times the length of 5. The Bush tax cuts for those with higher hero who made the ultimate sacrifice ensuring U.S. involvement in World War II. incomes should be not only repealed but re- the security of our nation. He will be greatly I recently conferred with President Obama versed; with an increase in taxes for this missed. in his White House office, urging him to bracket, the increased revenues could be Master Chief Langlais was a highly deco- withdraw from Afghanistan. I’m pleased that used to reduce the national debt. There rated combat veteran with numerous awards, he has since announced the withdrawal of would, of course, be strong resistance to end- ing the tax favoritism now enjoyed by the including six Bronze Star Medals with Valor, 10,000 troops in 2011 and 23,000 in 2012. I would Purple Heart Medal, Defense Meritorious have been even more pleased if all our 100,000 rich, but this bonanza for the few at the top troops now in Afghanistan, as well as those must end. Service Medal, Joint Service Commendation in Iraq, were on the way home. 6. Savings in military spending could be Medal with Valor, Joint Service Commendation The president may he reluctant to follow used to launch valuable public investments, Medal, three Navy and Marine Corps Achieve- the advice of a presidential candidate who in thereby creating jobs and stimulating the ment Medals, three Combat Action Ribbons, 1972 lost forty-nine states to Richard Nixon. entire economy. The administration has ex- three Presidential Unit Citations, Iraq Cam- I can appreciate that concern. On the other pressed support for creating a European- style high-speed rail system in the United paign Medal, Afghanistan Campaign Medal, hand, shortly after the 1972 election, two bi- Global War on Terrorism Expeditionary Medal, partisan investigations—one by the House States, and indeed we ought to build the and one by the Senate—forced the incumbent fastest, cleanest, and safest passenger- and Global War on Terrorism Service Medal, and who beat me to resign his office in disgrace. freight-train system in the world. numerous other personal and unit decorations. The president should also revive the full A question from the New Testament comes Master Chief Langlais is survived by his lov- provisions of the World War II—era G.I. bill, to mind: What doth it profit a man if he which enabled 7.8 million soldiers to secure a ing family, friends, and teammates. gains the whole world or wins a big election college education at government expense His nation owes Master Chief Langlais an and loses his own soul? The late Sargent while also receiving a cost-of-living stipend. enormous debt of gratitude. We are honored Shriver, my running mate in 1972, came to Having been a bomber pilot during World to have had such an exemplary American me the day after the election and said, War II, flying missions over Nazi Germany, I ‘‘George, we may have lost forty-nine states fighting for his country. was one of the beneficiaries of the bill, even- I wish to extend my condolences to Master but we never lost our souls.’’ tually earning a Ph.D. in history at North- With this sentiment in mind, I would like western University. This program was cost- Chief Langlais’ family, friends, and teammates to suggest a few bold steps President Obama ly, but the government certainly made its and hope they continue to find solace in his might consider for the good of his soul and money back, because educated citizens earn lasting impact on his grateful nation. Our that of the nation. more and so pay increased taxes. Now, as we thoughts and prayers are with them. 1. We should bring our troops home from experience a crisis in higher education Afghanistan this year. No previous foreign caused by soaring tuition costs that exclude power that has tried to work its will in Af- f many working- and middle-class young peo- ghanistan has succeeded—not Alexander the ple, why not offer government-paid higher COMMENDING MICHAEL HOWARD Great, not the Mongols, not the British, and education and vocational training for all not the Russians, who, after nine years of MADISON UPON THE OCCASION qualified students—both civilian and mili- OF HIS RETIREMENT fighting, had sent some 25,000 of their sol- tary? diers home in coffins. The Soviet treasury Another wise public investment would be was emptied and the Soviet Union collapsed. the expansion of Medicare to all Americans. HON. RODNEY ALEXANDER Even if it were desirable for us to stay a dec- Some of the recently proposed health-care OF LOUISIANA ade more, we simply cannot afford to do so. legislation has been so lengthy and com- 2. We should close all U.S. military bases plicated that I am not sure what is contained IN THE HOUSE OF REPRESENTATIVES in the Arab world. American troops in the in it, but we all know what Medicare is. We Thursday, September 8, 2011 Middle East incite rather than prevent ter- could reduce the impenetrable legislation to rorist attacks against us. We would do well a simple sentence: ‘‘Congress hereby extends Mr. ALEXANDER. Mr. Speaker, I rise today to remember that when Osama bin Laden re- Medicare to all Americans.’’ I am at a loss as to honor and commend Mr. Michael Howard turned to Saudi Arabia after fighting the So- to why an old codger like me benefits from viets in Afghanistan, he found a large Amer- Madison’s retirement from Cleco Corporation. Medicare while my children and grand- After 40 years of service in the electric power ican army in his home country, positioned children do not. To soften the impact of this there to halt a possible Iraqi invasion—a expansion on the budget, I propose that the industry, in April of 2011, Mr. Madison an- presence that so offended him he denounced program be implemented in steps every two nounced his plan to retire from Cleco Corpora- the king and his own family for quartering years: the first step including children up to tion. the American ‘‘infidels’’ within the shadow the age of eight; the second, those from nine With his professional endeavors spanning of the holy cities of Mecca and Medina. He to eighteen; the third, those from nineteen an impressive four decades, his career began then returned to Afghanistan to organize Al through thirty; and finally, those from thir- working as an electrician to put himself Qaeda and, later, launch the World Trade ty-one through sixty-five. Programs such as Center and Pentagon attacks. Medicare have been in place for years in through college, graduating from the University 3. We should evaluate whether it is nec- many advanced countries. My Canadian rel- of Oklahoma in 1971. essary to continue other American troop atives tell me that any government that Various career choices, with one highlight consignments to Europe, South Korea, and tried to do away with their comprehensive being his position as state president for Amer- elsewhere. When the U.S. Army was sent to medical and hospital care would be promptly ican Electric Power, led to his eventual posi- Korea in 1950 the deployment was described expelled from office. tion as president and CEO of Cleco Corpora- as a brief police action, but sixty years later None of this is intended as a criticism of tion in 2005. Of his many contributions, of our troops are still there. South Korea is Barack Obama, who had my support when he now a wealthier, more populous, and more was a candidate for the United States presi- special note are that he strengthened the util- industrialized nation than North Korea, and dency and who has my support today. I hope ity company, proposed a new solid-fuel gener- is fully capable of defending itself. Similarly, that some of the ideas here might help him ating unit near Boyce, and grew the stock U.S. troops in Europe, now numbering 80,000, on the road to greatness. I wish him well on price by 71 percent. have been there for half a century. They the journey ahead. Not only should Mr. Madison be celebrated should be withdrawn, as were the Soviet f for his ambitious career, but for his public forces from Eastern Europe under Mikhail service. Some of the active boards he has Gorbachev. MEMORIAL TRIBUTE FOR MASTER 4. President Obama should call on the Pen- CHIEF PETTY OFFICER SPECIAL served on include the Better Business Bureau, tagon to reduce the current military budget WARFARE OPERATOR LOUIS Capital One Bank, Christus St. Frances of $700 billion—a figure that accounts for al- JAMES LANGLAIS Cabrini Hospital, Council for a Better Lou- most half of the world’s military expendi- isiana, the Governor’s Advisory Commission tures—to $500 billion next year, and then, on Coastal Protection, the Shreveport Cham- over the next five years, to $200 billion. In a HON. KAY GRANGER ber of Commerce, along with many others. careful and persuasive study, Lawrence OF TEXAS Mr. Madison’s career has brought honor and Korb, a senior fellow at the Center for Amer- IN THE HOUSE OF REPRESENTATIVES pride to his family, friends, community, and the ican Progress and an assistant secretary of Thursday, September 8, 2011 defense under Ronald Reagan, identifies state of Louisiana. I congratulate Mr. Michael unneeded and costly programs that could be Ms. GRANGER. Mr. Speaker, I rise today to Howard Madison upon the occasion of his re- cut from the Pentagon budget without weak- honor Master Chief Petty Officer Special War- tirement.

VerDate Mar 15 2010 05:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A08SE8.011 E08SEPT1 jbell on DSK7SPTVN1PROD with REMARKS E1564 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 2011 IN REMEMBRANCE OF JEROME P. And all of those innocent children aboard all Standing here on this sacred ground, one STANO of those planes who now so they . . . feel’s all of their souls so beseeching us Will never grow up to be happy, old, and so so now! gray . . . To teach our children well, all about what HON. DENNIS J. KUCINICH Who were once but all the apples of their their fine lives have so meant . . . OF OHIO parents eyes, night and day! So that they too may teach their children’s IN THE HOUSE OF REPRESENTATIVES As all hearts are so warmed, whenever we so children time and again! think of how in the face of evil they so To remember what it so means to be an Thursday, September 8, 2011 stayed! American, as up from the ashes anew Mr. KUCINICH. Mr. Speaker, I rise today in As all across our Nation, America so wept on so came! remembrance of Mr. Jerome P. Stano, a that day! A Rising, With Faith In Hearts We Will For- former Parma Councilman, Ohio State Rep- From The Towers, to The Pentagon . . . and ever So Honor Their Names! Goodness . . . Evil . . . Darkness . . . Light resentative and Ohio State Senator. Flight 93, as upon us all such evil so weighted! . . . Those Brave Hearts Who Bring The Mr. Stano was born in Cleveland on Sep- Light! tember 30, 1932. He graduated from Cleve- As America so saw, ‘‘Let’s Roll’’ and what of most heroic hearts are so made! As Against The Darkest of All Evil’s, As On- land’s Benedictine High School and later at- And to what new heights, they could so ward We Fight! tended Benedictine Illinois College. During the reach . . . so soar, as did they! Together enjoined, as we battle on into the Korean War, Mr. Stano bravely served our As all of our tears flowed and poured, as out darkest of all nights! country as a member of the U.S. Air Force. across our Nation we so mourned and As why With This Rising, we so honor these Heroes and their Families, with such Mr. Stano began his career in politics as a prayed! homage we pay! As all of The Towers fell down on that day councilman for Parma’s Ward 2. He was elect- All because they made America’s heart ... ed to the Ohio General Assembly as a State stronger that day! Leaving us all with that kind of pain, that Representative and on January 3, 1974, Mr. Ten Years Ago This Day! Never Forget! Stano began his tenure as an Ohio State Sen- even time can not so take away . . . As ten years later to this very day, still all f ator. He served the citizens of the 24th District of our hearts feel like it was only yes- PERSONAL EXPLANATION faithfully, working on issues such as medical terday! care for the elderly, until December 31, 1980. And yet, America’s heart has grown even Mr. Stano worked tirelessly on behalf of the greater they say! HON. CHARLES F. BASS residents of Parma, Ohio and was an active All because of what they so taught us, and to OF NEW HAMPSHIRE member of the community following his career what our Nation they so gave! IN THE HOUSE OF REPRESENTATIVES in politics. He is credited with founding Par- For from this most hallowed ground, and Thursday, September 8, 2011 ma’s Pee Wee Football program. Mr. Stano from their strength and courage we was also an active member of the Parma Elks have so found! Mr. BASS of New Hampshire. Mr. Speaker, The strength to stand and to rebuild, as over due to weather related travel delays I was un- Lodge, the American Legion and the Knights these sacred footprints the water wash- of Columbus. Due to his commitment to the es down! able to be present for rollcall vote 692 on Sep- citizens of Parma, one of the city’s parks on Upon, this spot where all of their most sa- tember 7, 2011. This vote was on H. Con. Gerald Avenue, has been named in his honor. cred ashes were once so found . . . Res. 67, a resolution authorizing the use of Mr. Speaker and colleagues, please join me All so scattered all across this ground! the Capitol Grounds for the District of Colum- in remembrance of Mr. Jerome P. Stano. I All in this high place of reverence and of bia Special Olympics Law Enforcement Torch offer my condolences to his wife of 57 years, such faith so now, where all of their Run. Klara; his children, Paul, Elaine, Diane and most magnificent souls can so be felt Had I been present, I would have voted in Kathy; and his grandchildren Christian, all around! favor of H. Con. Res. 67. Has Come A Rising, of remembrance to all of Bretton, Douglas, David and Grant. them so now! f f To last forever and a day, this most sacred HONORING THE LIFE OF JOHN ground! ‘‘TEN YEARS AGO THIS DAY’’ IN HOWARD WELLS, JR. A Rising . . . to so honor each and every HONOR OF THE RISING AND THE man, woman and child so how! OPENING OF THE 9/11 MEMORIAL All in our Lord’s plan, so that in 100 years HON. MICHAEL C. BURGESS ON THE 10TH ANNIVERSARY OF from now we will all stand here so very OF TEXAS 9/11 proud! IN THE HOUSE OF REPRESENTATIVES And then 100 more, we will stand here all in HON. PETER T. KING such honor at this shrine so now! Thursday, September 8, 2011 As we will feel all of their courage and Mr. BURGESS. Mr. Speaker, I rise today to OF NEW YORK strength, and what their fine faith has remember the life of John Howard Wells, Jr. IN THE HOUSE OF REPRESENTATIVES so meant! Mr. Wells was a patriot, veteran, and had a Thursday, September 8, 2011 To us all so now! So that whenever someone looks upon this love of country. Mr. Wells fought in the Korean Mr. KING of New York. Mr. Speaker, I rise hallowed place, that they will leave War aboard the USS Hollister, DD–788. He today in honor and in remembrance of all of with but tears on their face! was a Cold Warrior in the 60’s and 70’s and the Heroes and lost loved ones of all of the As a Tribute to Them and The American at one point in his career his security clear- families of 9/11. On this the 10th anniversary, Way, and to this The Human Race! ance was so high that the level of clearance I ask that this tribute in honor of them, and the As A Triumph of Good Over Evil, that the was classified. entire world will say! new visitor center and the rising of The Two Mr. Wells also spent part of his career work- That we have all so walked with our Lord ing for NASA. During the 80’s and 90’s he New Towers and their strength penned by Al- and his Angels this day! bert Caswell, be placed in the RECORD. was a Ground Controller for the Space Shuttle With all of their blessings of Hope, Courage Project and worked in the original Mission TEN YEARS AGO THIS DAY and Faith . . . which within our hearts Control at the Johnson Space Center. He also Ten . . . will stay! Ten years ago this very day . . . You, may bring down our buildings! took a major role in the design, engineering, Upon, this most hallowed ground . . . these You may murder our women, men, and our construction, and start-up of the New Mission most scared graves . . . most precious children! Control Room which recently closed in July As here and now we all so kneel and pray Crash planes into fields, or at The Pentagon, following the last flight mission of Atlantis. ... and yet still you will not victory so His family will tell you that even these ac- As they tried to so take America’s very wield! complishments are not what made him great. heart away! For, as long as we have such strong fine The titles of husband, father, and grandfather As so many magnificent men and women women and men, who into such graves are what defined him in life. He taught his chil- died on that day! do so tragically descend! As so many fine lives were so lost, and so left Who so believe in America and what our dren how to have confidence in their talents. all in such pain and dismay! Freedom so brings, upon which our Na- He wrote love letters to his wife. He loved and As all of their loved ones were so left with tion depends! doted on his daughters and was joyous in the that kind of pain, that only Heaven can Then, Will Come A Rising . . . over such evil grandchildren they brought to him. He helped so take away . . . that which all of us despise then . . . his son through the toughest years of his life

VerDate Mar 15 2010 05:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K08SE8.021 E08SEPT1 jbell on DSK7SPTVN1PROD with REMARKS September 8, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1565 with loving honesty and helped him never lose MEMORIAL TRIBUTE FOR SENIOR Because of his dedication and hard work, sight of the realities and obligations of being a CHIEF PETTY OFFICER SPECIAL Mr. Nguyen has received many awards over man and father. He also taught his children WARFARE OPERATOR HEATH MI- the past 30 years. In 1994 he was selected as about politics, but would never let the discus- CHAEL ROBINSON the Community Relations Board’s employee of sions get hotter than what was necessary to the month and received a key to the City of properly forge and hone their positions. HON. KAY GRANGER Cleveland. He is also the recipient of a Certifi- Mr. Speaker, it is with great honor that I rise OF TEXAS cate of Recognition for Outstanding Leader- and remember the veteran, and above all a IN THE HOUSE OF REPRESENTATIVES ship in the Asian American Community from husband, father and grandfather. the Ohio Civil Rights Commission, and has Thursday, September 8, 2011 been recognized by the American Nationalities f Ms. GRANGER. Mr. Speaker, I rise today to Movement and the Korean American Associa- IN REMEMBRANCE OF JOHN honor Senior Chief Petty Officer Special War- tion of Greater Cleveland. THOMAS WEEMES fare Operator Heath Michael Robinson who Mr. Speaker and colleagues, please join me died August 6th in Wardak Province, Afghani- in honoring Mr. Le Nguyen as he celebrates stan. Senior Chief Robinson was a patriot and 30 years of service as the Asian Liaison for HON. LAURA RICHARDSON a hero who made the ultimate sacrifice ensur- the Community Relations Board/City of Cleve- OF CALIFORNIA ing the security of our nation. He will be great- land. IN THE HOUSE OF REPRESENTATIVES ly missed. f Thursday, September 8, 2011 Senior Chief Robinson was a highly deco- rated combat veteran with numerous awards, HONORING THE 100TH ANNIVER- Ms. RICHARDSON. Mr. Speaker, I rise including four Bronze Star Medals with Valor, SARY OF ST. JOHN’S HOSPITAL today in remembrance of John Thomas including one for extraordinary heroism, Purple Weemes, a man who was an active member Heart Medal, Defense Meritorious Service HON. BETTY McCOLLUM of the Los Angeles community. Mr. Weemes Medal, Joint Service Commendation Medal, OF MINNESOTA was born April 2, 1925 in Los Angeles, Cali- two Navy and Marine Corps Commendation IN THE HOUSE OF REPRESENTATIVES fornia to Annie Wardell Brown and Albert Medals with Valor, Navy and Marine Corps Thursday, September 8, 2011 Thomas Weemes. Affectionately known as Commendation Medal, three Navy and Marine ‘‘Johnny,’’ he was the fifth of six children. John Corps Achievement Medals, two Combat Ac- Ms. MCCOLLUM. Mr. Speaker, I rise today was educated in the Los Angeles Unified tion Ribbons, two Presidential Unit Citations, to mark the special occasion of the centennial School District and attended 20th Street Ele- three Afghanistan Campaign Medals, Iraq celebration of St. John’s Hospital. For 100 mentary School, Lafayette Junior High School, Campaign Medal, Global War on Terrorism years, this community hospital has provided and graduated from Thomas Jefferson High Expeditionary Medal, Global War on Terrorism quality health care to residents in the Saint School in 1943. That same year, John was Service Medal, and numerous other personal Paul—Minneapolis Metropolitan Area. drafted into the United States Army and and unit decorations. In 1911, when it first opened its doors in served our country proudly from 1943–1946 Senior Chief Robinson is survived by his Saint Paul’s Dayton’s Bluff neighborhood, St. during World War II. After his tour of duty, loving family, friends, and teammates. John’s German Lutheran Hospital was a 25- John enrolled in California State College and His nation owes Senior Chief Robinson an bed facility. A new 65-bed fireproof hospital earned his Bachelor and Master of Arts de- enormous debt of gratitude. We are honored was built in 1914 on the site of the current grees. Throughout his career, John worked as to have had such an exemplary American Metropolitan State University in Saint Paul. an elementary school teacher, pupil service fighting for his country. During the influenza epidemic of 1918, St. and attendance counselor, and administrator. I wish to extend my condolences to Senior John’s Hospital was turned over to the City of He was also a member of the Associated Ad- Chief Robinson’s family, friends, and team- Saint Paul to care for charity patients. In just ministrators of Los Angeles. After retiring in mates and hope they continue to find solace one month, St. John’s Hospital treated nearly 1987, John continued to work part-time for the in his lasting impact on his grateful nation. Our 400 flu patients. In a turn of events, in 1933, District. thoughts and prayers are with them. due to a low patient load, the hospital was John was baptized and engaged in fellow- f forced to close some floors and hospital staff ship at Ward A.M.E. church in Los Angeles, took vacations without pay and a 10 percent California. On July 8, 1951, John was united IN HONOR OF MR. LE NGUYEN salary reduction. in holy matrimony with Lenicia Boggs, who After weathering difficult times, in the 1950s preceded him in death. To this union, Stephen HON. DENNIS J. KUCINICH St. John’s Hospital underwent an expansion to John Weemes was born. On July 31, 1981, OF OHIO 165 beds, becoming one of the first hospitals John united in holy matrimony to Toni Anthony IN THE HOUSE OF REPRESENTATIVES in the nation to create an Intensive Care Unit Brown, thanks to the late Clayton Moore for (ICU), and was recognized for its ‘‘Progressive playing Cupid. Thursday, September 8, 2011 Patient Care.’’ St. John’s Hospital constructed John was a kind, generous, loving, warm- Mr. KUCINICH. Mr. Speaker, I rise today in a second facility in 1985 in Maplewood at its hearted, and cordial gentleman. With his out- honor of Mr. Le Nguyen, who is celebrating 30 current location. St. John’s Hospital joined the going and infectious personality, John knew years of service to the City of Cleveland. newly-created HealthEast Care System in no strangers. He enjoyed spending time with After graduating high school in 1974, Mr. 1986, along with Bethesda and St. Joseph’s family, friends, and colleagues. Some of his Nguyen joined the South Vietnam Air Force. Hospitals. After 75 years, in 1987, St. John’s favorite leisure activities were golfing, reading, Following North Vietnam’s invasion on April Hospital closed its hospital on Saint Paul’s and watching all sports on television. John 30, 1975, he left South Vietnam and came to East Side. also loved to travel, and cruising was his and the United States. Just several years later, Mr. St. John’s Hospital has implemented many Toni’s favorite mode of transportation. John Nguyen became the Asian Liaison for the innovations during the past decade. In 2005, took pleasure in walking and playing with his Community Relations Board/City of Cleveland. St. John’s Hospital was the first community beloved dogs; first ‘‘Princess Lui,’’ and cur- Throughout his long career as the Asian Li- hospital in the Twin Cities to offer the daVinci rently ‘‘Lexie,’’ a.k.a. ‘‘Pooh.’’ aison, Mr. Nguyen has worked to promote un- Surgical System—a robotic surgical system John Thomas Weemes passed away on Au- derstanding and cooperation amongst racially used to treat prostate cancer. In addition, St. gust 31, 2011. He was preceded in death by and culturally diverse groups within the Cleve- John’s Hospital was the first hospital in Min- his parents, siblings Emma Bess, Annie, Al- land community. He played a vital role in nesota to utilize digital mammography and one bert, and Carrie. He leaves to cherish his some of the Community Relations Board’s of the first hospitals in the state to provide cut- memory his loving wife, Toni A. Weemes most successful projects, including a fund- ting-edge artificial disc surgery for patients ex- (Ruby), son Stephen John Weemes, daughter- raiser for the Vietnamese Buddhist Association periencing lower back pain. in-law Sheyrl Nickles-Weemes, sister Evelyne of Cleveland’s Vien Quang Temple and the Today St. John’s is an award-winning hos- Brown, Lexie, and a host of relatives and coordination of Cleveland’s first Asian Amer- pital and with more than 1500 employees, one friends. ican Resource Directory. Mr. Nguyen has also of the largest job providers in the East Metro I ask all members to join me in a moment served as the event chair for the Asian Pacific Area. On an annual basis, it treats more than of silence to honor the memory of the late American Heritage Day Celebration since 41,000 patients in the emergency department, John Thomas Weemes. 2008. delivers more than 3,000 babies and performs

VerDate Mar 15 2010 05:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A08SE8.013 E08SEPT1 jbell on DSK7SPTVN1PROD with REMARKS E1566 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 2011 more than 6,000 surgeries. U.S. News & change leadership and to CA on 40 years of fare Operator Robert James Reeves who died World Report named St. John’s Hospital one serving rural America. August 6th in Wardak Province, Afghanistan. of 2011–2012 ‘‘Top Metro Best Hospitals in f Senior Chief Reeves was a patriot and a hero the Twin Cities’’ and identified St. John’s as who made the ultimate sacrifice ensuring the one of the top hospitals in the country for Urol- HONORING HAL STRICKLAND FOR security of our nation. He will be greatly ogy. This year, the Minneapolis/St. Paul Busi- HIS DEDICATED SERVICE TO missed. ness Journal named HealthEast Hospitals, in- COMMUNITY RECREATION Senior Chief Reeves was a highly decorated cluding St. John’s, one of the ‘‘Best Places to combat veteran with numerous awards includ- Work’’ in Minnesota for the sixth time. HON. GERALD E. CONNOLLY ing five Bronze Star Medals with Valor, Purple Mr. Speaker, the comprehensive and state- OF VIRGINIA Heart Medal, Defense Meritorious Service of-the-art health care services provided by St. IN THE HOUSE OF REPRESENTATIVES Medal, Joint Service Commendation Medal John’s Hospital are commendable and de- Thursday, September 8, 2011 with Valor, Navy and Marine Corps Achieve- ment Medal with Valor, Combat Action Rib- serve to be celebrated. Mr. CONNOLLY of Virginia. Mr. Speaker, I f bon, three Presidential Unit Citations, two Af- rise to recognize Hal Strickland for receiving ghanistan Campaign Medals, Iraq Campaign CELEBRATING 40 YEARS WITH the National Voluntary Service Award from the Medal, Global War on Terrorism Expeditionary COMMUNICATING FOR AGRI- National Recreation and Park Association. Medal, Global War on Terrorism Service CULTURE This prestigious award is given to volunteers Medal, and other personal and unit decora- who work to improve recreation, parks and tions. conservation programs in our communities. Senior Chief Reeves is survived by his lov- HON. COLLIN C. PETERSON With more than three decades of volunteer OF MINNESOTA ing family, friends, and teammates. service with local youth and parks organiza- His nation owes Senior Chief Reeves an IN THE HOUSE OF REPRESENTATIVES tions, Mr. Strickland has left a profound and enormous debt of gratitude. We are honored Thursday, September 8, 2011 lasting imprint on my community of Fairfax to have had such an exemplary American Mr. PETERSON. Mr. Speaker, in 1972, County, Va. fighting for his country. Communicating for Agriculture (CA) started as In addition to his career as a civil engineer I wish to extend my condolences to Senior a small group of dairy farmers in Minnesota’s for the U.S. Forest Service, Mr. Strickland Chief Reeves’ family, friends, and teammates 7th Congressional District. Today CA has tens served 14 years on the Fairfax County Athletic and hope they continue to find solace in his of thousands of agriculture and small business Council, including two as chairman. He found- lasting impact on his grateful nation. Our members across the United States, and 4 dec- ed the Chantilly Youth Association, and spent thoughts and prayers are with them. ades of legislative accomplishments on behalf 25 years as president of the community sports f league. He served as president of the of their members. From helping to form the IN HONOR OF EL GRAN COMBO first state high-risk pool for the medically unin- Greenbriar Civic Association, and for the past surable in Minnesota in 1976, to the first be- 20 years, he has served on the Fairfax County ginning farmer loan program in Iowa in 1980, Park Authority Board, where he has served as HON. DENNIS J. KUCINICH OF OHIO to forming its own international agriculture ex- chairman six times. IN THE HOUSE OF REPRESENTATIVES change program in 1985, to receiving the first He has said that he is most proud of his Agriculture Apprenticeship designation granted work on Fairfax County’s successful synthetic Thursday, September 8, 2011 by the U.S. Department of Labor in 2007. CA turf field program. I was proud to partner with Mr. KUCINICH. Mr. Speaker, I rise today in was founded to promote the general health, Mr. Strickland to launch that effort during my honor of El Gran Combo, and welcome the welfare and advancement of people in agri- tenure as Chairman of the Fairfax Board of legendary salsa group to Cleveland. culture or small business, and after 40 years Supervisors. It played a vital component of our Founded in May, 1962 by Raphael Itheir, El of service to rural America, that mission con- anti-gang initiative by providing young people Gran Combo is Puerto Rico’s most successful tinues to drive CA today. with more year-round outdoor activities. This musical group and one of the most popular In 1986, the CA Foundation applied for and community collaboration also has expanded salsa orchestras across Latin America. The received authority from the United States De- field opportunities for Fairfax’s many sports 13-piece salsa group captivates its fans with partment of State to sponsor a J–1 training leagues. The program now has more than two their Latin rhythms and vocal harmonies. The and intern program, allowing the exchange of dozen synthetic fields across the county. group has released over 50 albums through- He is also known for his work of preserving young people to have a learning experience in out the years and continues to produce new green spaces in Centreville and Chantilly, de- agriculture. That year 6 trainees arrived as music and perform live shows throughout the spite the areas’ rapid growth. This green part of CA Education and Exchange Program world. space resembles the historic beginnings of the (CAEP). Within 10 years, the program grew to The Puerto Rican Senate has hailed El area, when it was a collection of gentlemen become the largest of its kind in the United Gran Combo as the ‘‘Ambassadors of Our horse farms. He has truly influenced the qual- States. Today, CAEP works with more than Music’’ and in Colombia they are known as La ity of life in Fairfax through his accomplish- 1,000 young people from more than 50 coun- Universidad de la Salsa due to their unique ments. tries in the areas of agriculture, horticulture, role in launching the career of countless musi- Mr. Speaker, I ask that my colleagues join enology, equine and turf management, with cians and performers. El Gran Combo has re- me in commending Hal Strickland for receiving CAEP international offices in Denmark, Mex- ceived many awards over the past several the National Voluntary Service Award and ico, Columbia, Chile, Uruguay, Brazil, Argen- decades, including golden albums, a Grammy thanking him for his years of service in our tina, South Africa, Hungary, Moldova, Ukraine, for Best Tropical Album in 2003, a ‘‘Calendario community. Through his dedicated service, we United Kingdom, Canada, Australia, New Zea- de Plata’’ in Mexico, a ‘‘Golden Combo’’ in Co- are preserving our history through green land, the Philippines and China. lombia, a ‘‘Paoli Award’’ in their native Puerto spaces and making recreational activities Today, the U.S. State Department requires Rico, and an honorable distinction in Spain. more accessible to all for generations to the J–1 Visa program to include a training Mr. Speaker and colleagues, please join me come. plan that is agreed to by the CA Member in honor and recognition of El Gran Combo as Host, as well as the trainee or intern. Upon f they celebrate almost 50 years of outstanding satisfactory completion of the program, CAEP MEMORIAL TRIBUTE FOR SENIOR contributions to the music industry. awards a certificate of completion, which is CHIEF PETTY OFFICER SPECIAL f taken by the trainee back to their home coun- WARFARE OPERATOR ROBERT HONORING THE SONOMA COUNTY try where they will begin their career in their JAMES REEVES INDIAN HEALTH PROJECT chosen field. The CA Foundation also pro- vides opportunities and grants to Americans HON. KAY GRANGER HON. LYNN C. WOOLSEY between the ages of 18 and 28 to have a OF TEXAS OF CALIFORNIA similar 3 to 12 month placement in agriculture IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES with one of our country partners around the world. Thursday, September 8, 2011 Thursday, September 8, 2011 Congratulations to CAEP on 25 years of Ms. GRANGER. Mr. Speaker, I rise today to Ms. WOOLSEY. Mr. Speaker, I rise with my international agriculture education and ex- honor Senior Chief Petty Officer Special War- colleague Rep. MIKE THOMPSON to honor the

VerDate Mar 15 2010 05:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A08SE8.015 E08SEPT1 jbell on DSK7SPTVN1PROD with REMARKS September 8, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1567 Sonoma County Indian Health Project on its nated 5,000 hours of their time volunteering at MEMORIAL TRIBUTE FOR CHIEF 40th anniversary, celebrated August 19, 2011. the Dallas Veterans Administration Hospital PETTY OFFICER SPECIAL WAR- Sonoma County Indian Health Project was this year alone. FARE OPERATOR BRIAN ROBERT BILL founded in 1971 to provide healthcare to the To my fellow members of KWVA Chapter Native American population residing in 270, I consider it a high honor and true privi- Sonoma County. Since its establishment, the lege to be a part of this first-rate organization. HON. KAY GRANGER Indian Health Project has grown considerably, The fact that this group bears my name OF TEXAS serving evident unmet needs in our commu- makes me proud—proud to be a veteran of IN THE HOUSE OF REPRESENTATIVES nity, and leading to its move into the large, Korea, proud to be a Texan, and proud to be Thursday, September 8, 2011 modern healthcare facility it occupies today. Through its relationship with the California an American. Ms. GRANGER. Mr. Speaker, I rise today to Area Indian Health Service, the Sonoma God bless you, God bless America, and I honor Chief Petty Officer Special Warfare Op- County Indian Health Project assists in serving salute you! erator Brian Robert Bill who died August 6th in not only a large Native American population, Wardak Province, Afghanistan. Chief Bill was a patriot and a hero who made the ultimate but also a non-Indian population lacking suffi- f cient access to care. Hundreds of families and sacrifice ensuring the security of our nation. He will be greatly missed. individuals from communities across our re- HONORING THE 20TH ANNIVER- SARY OF NEWSCHANNEL 8 Chief Bill was a highly decorated combat gion seek care at the facility each year, from veteran with numerous awards, including four traditional medical or dental treatment to nutri- Bronze Star Medals with Valor, including one tional consultation or transportation services for extraordinary heroism, Purple Heart Medal, for those in isolated areas. HON. JAMES P. MORAN Defense Meritorious Service Medal, Joint Supported by the Cloverdale, Dry Creek, OF VIRGINIA Service Commendation Medal with Valor, Lytton, Graton, Manchester-Point Area, and Navy and Marine Corps Commendation IN THE HOUSE OF REPRESENTATIVES Stewarts Point Rancherias, the Indian Health Medal, Navy and Marine Corps Achievement Project also puts an emphasis on providing its Thursday, September 8, 2011 Medal, two Combat Action Ribbons, two Presi- services in a manner that respects and con- dential Unit Citations, Navy Unit Commenda- tributes to Indian culture. It is a symbol of the Mr. MORAN. Mr. Speaker, I rise today to tion, Afghanistan Campaign Medal, Global strength and determination of our Native recognize the 20th Anniversary of War on Terrorism Expeditionary Medal, Global American community and a proud part of what NewsChannel 8. This highly regarded news War on Terrorism Service Medal, and numer- makes our region unique. organization has been serving local viewers ous other personal and unit decorations. Mr. Speaker, I ask you to join us in thanking continuously for 175,320 hours, consistently Chief Bill is survived by his loving family, the Sonoma County Indian Health Project for providing critical local news, community infor- friends, and teammates. its longstanding contributions to the health and mation, local political coverage and emer- His nation owes Chief Bill an enormous debt welfare of Sonoma County, and in wishing the gency updates in its 20 years of existence. of gratitude. We are honored to have had organization many more years of success. such an exemplary American fighting for his f Established on October 7, 1991, country. NewsChannel 8 was the first independent I wish to extend my condolences to Chief SALUTING THE KOREAN WAR VET- local news channel in the country. Its innova- Bill’s family, friends, and teammates and hope ERANS OF AMERICA: CHAPTER tive zoned delivery of news provides they continue to find solace in his lasting im- 270—RICHARDSON, TEXAS hyperlocal and distinct coverage to Wash- pact on his grateful nation. Our thoughts and ington, DC, Virginia, and Maryland. prayers are with them. HON. SAM JOHNSON NewsChannel 8 programming is wired into f OF TEXAS over 15,000 Federal offices in the House of IN RECOGNITION OF MR. AND MRS. IN THE HOUSE OF REPRESENTATIVES Representatives, Senate, Supreme Court, and ED AND IRENE MORROW’S 60TH Thursday, September 8, 2011 the White House, and has become an invalu- WEDDING ANNIVERSARY Mr. SAM JOHNSON of Texas. Mr. Speaker, able resource to all decision makers on Cap- I am privileged to recognize before the United itol Hill, many of whom are regular guests or HON. DENNIS J. KUCINICH States House of Representatives today a contributors to NewsChannel 8’s tireless polit- OF OHIO group of over 100 American heroes, the mem- ical coverage. IN THE HOUSE OF REPRESENTATIVES bers of the Korean War Veterans of America NewsChannel 8 has been dedicated to serv- Thursday, September 8, 2011 (KWVA) Chapter 270, on the occasion of the ing its surrounding communities, providing im- Mr. KUCINICH. Mr. Speaker, I rise today in chapter’s 10th anniversary. measurable service to the people of the recognition of Mr. and Mrs. Ed and Irene Mor- In June of 1950, North Korea invaded the Washington DC metro area. Serving as a crit- row as they celebrate their 60th wedding anni- Republic of Korea, sparking the start of the ical outlet for local government officials includ- versary on September 1, 2011. Korean War. Just days later, President Harry ing Congressional Representatives, Senators, Both Ed and Irene were born and raised in Truman ordered American troops deployed to Mayors, County Supervisors, Council Rep- Cleveland, Ohio. Ed worked as a Quality Con- the Korean peninsula to fight alongside our resentatives, School Board Officials and Emer- trol Analyst for the Defense Department. Ed ally. Nearly 2 million valiant Americans served gency/Public Safety Administrators, continues to be active in the community and is during the conflict. Yet, because of the war’s NewsChannel 8 is the leader in making sure a member of the Irish Heritage Club. He also end in 1953 through an armistice and its his- constituents are well-informed. Additionally, sits on the St. Patrick’s Day Parade’s parade torical slot between World War II and Vietnam, NewsChannel 8 provides a unique forum for committee. Irene served as Secretary of the many refer to Korea as the Forgotten War. state and local political candidates to inform Civil Service Commission for the City of In September of 2001, a number of Korean and educate voters. Cleveland under former Mayor George Voino- War veterans from the Dallas, Texas area NewsChannel 8’s parent company, Allbritton vich and was recently honored by the Amer- joined forces to create a local organization Communications Company, and its cable part- ican Nationalities Movement, which she which would ‘‘provide a means by which the ners, including Comcast, Cox and Verizon, are served as Executive Secretary and Treasurer ‘Forgotten War’ will never be forgotten.’’ They to be commended for forging a local program- for more than 30 years. As an inductee of the have fulfilled that mission for a decade now, ming and distribution partnership that is the International Hall of Fame of Greater Cleve- also working ‘‘to respect and honor brothers- land, Irene remains dedicated to the Cleveland in-arms who served during the Korean Conflict envy of the nation. In honor of their achieve- ments, the House of Representatives shall community as a board member of Fairview and/or afterwards in Korea; to further friend- Park and Lutheran Hospitals. designate October 7, 2011 as ‘‘NewsChannel ship and respect between South Korea and Ed and Irene were married on September 1, the United States of America; and to serve fel- 8 Day’’ in recognition of their outstanding pub- 1951. They have six children; Jeffery, Patrick, low veterans in need of aid and assistance.’’ lic service. Martin, Roberta, Lorraine and Christine. Today The chapter’s generous members conduct I congratulate NewsChannel 8 on their suc- they also enjoy spending time with their grand- donation drives, repair veterans’ wheelchairs cess in the delivery of informative, first-rate children; Matthew, Ryan, Nathan, Michaela, and, by the end of this month, will have do- local news. Aaron and Justin.

VerDate Mar 15 2010 05:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A08SE8.018 E08SEPT1 jbell on DSK7SPTVN1PROD with REMARKS E1568 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 2011 Mr. Speaker and colleagues, please join me From those humble beginnings, J sparkling was spending time with his family and his son in recognition of Mr. and Mrs. Ed and Irene wines have become some of the finest in the Brandon. Bryan’s love for his son was deep Morrow. May their 60 year union be an inspi- world. The winery’s J Vintage Brut is a fixture and meaningful. The firm foundation that ration for future generations. on high profile wine lists and top hotels around Bryan created for Brandon will have a lasting f the world. Queen Elizabeth sipped J at the impact on Brandon’s journey through life. Bry- White House. Mikhail Gorbachev spoke of an’s commitment to family, friends and loving RECOGNIZING MONICA FOSKETT world peace with a glass of J in his hand and life will be carried on by all of those who were J sparkling wines were the official celebratory fortunate enough to know him. HON. MIKE QUIGLEY bubbles of the Academy Awards Governors Mr. Speaker, I would like to offer my deep- OF ILLINOIS Ball for four consecutive years. est sympathies to his family and host of IN THE HOUSE OF REPRESENTATIVES To produce this remarkable wine, Ms. Jor- friends. Thursday, September 8, 2011 dan and her team rely on ten distinctive vine- f yard estate properties located throughout the MEMORIAL TRIBUTE FOR CHIEF Mr. QUIGLEY. Mr. Speaker, I rise today in Russian River Valley Appellation. These vine- PETTY OFFICER SPECIAL WAR- recognition of Monica Foskett, a vital member yards have at least twenty different soil pro- FARE OPERATOR CHRISTOPHER of my staff for over the past two years. files, with each vineyard displaying a different GEORGE CAMPBELL Friday, August 12th was Monica’s last day soil type and distinctive microclimate. This di- serving the people of the Illinois Fifth Congres- versity allows J winemakers to coax the best sional District. She has served with distinction flavor characteristics from each vineyard. HON. KAY GRANGER since 2009, and has spent the past two years Ms. Jordon also came to the realization that OF TEXAS working for her hometown, Chicago, with her vineyards would also be ideal for pro- IN THE HOUSE OF REPRESENTATIVES aplomb and determination. ducing site-specific, cool-climate Russian Thursday, September 8, 2011 Monica began her career in public service River Valley varietal wines like Pinot Noir, as a staffer on Hillary Clinton’s presidential Ms. GRANGER. Mr. Speaker, I rise today to Chardonnay, and Pinot Gris in addition to her honor Chief Petty Officer Special Warfare Op- campaign. Quickly moving up in the cam- sparkling wines. These wines were added to paign’s field program, the long hours and ex- erator Christopher George Campbell who died the portfolio and have become immensely August 6th in Wardak Province, Afghanistan. perience helped her to develop a strong work popular products. ethic and a political acumen that carried over Chief Campbell was a patriot and a hero who The ten estate wines will be ‘‘Certified Sus- made the ultimate sacrifice ensuring the secu- to her role as a Congressional staffer. As a tainable’’ in 2012 by the California Sustainable volunteer assisting in my office transition, rity of our nation. He will be greatly missed. Winegrowing Alliance. After a number of en- Chief Campbell was a highly decorated Monica helped lead the effort to gather and ergy savings initiatives were implemented combat veteran with numerous awards, includ- submit the appropriation requests an excep- throughout the winery, J was named a ‘‘Green ing three Bronze Star Medals with Valor, Pur- tionally difficult task when reduced to a couple Winery’’ in 2010. ple Heart Medal, Defense Meritorious Service of weeks. Many late nights were spent and One of the first wineries to offer food and Medal, Joint Service Commendation Medal caffeine products consumed ensuring the re- wine pairings to visitors in the ‘‘Bubble Room,’’ with Valor, Army Commendation Medal, Joint quests were submitted in time. J was named ‘‘Best Winery Tasting Room’’ by Service Achievement Medal, Navy and Marine In addition to helping with appropriations, Sunset Magazine in 2009. Corps Achievement Medal, two Combat Action Monica took the lead in setting up scheduling Mr. Speaker, from its humble beginnings, J Ribbons, two Presidential Unit Citations, Navy procedures for the office, handling arts and Vineyards and Winery has become an inter- Unit Commendation, Afghanistan Campaign culture issues, organizing the Hockey Caucus, national success story and one of the Medal, Iraq Campaign Medal, Global War on and assisting with housing issues. She proved linchpins of the Sonoma County wine industry. Terrorism Expeditionary Medal, Global War on to be passionate about her work and making It is therefore appropriate that we honor them Terrorism Service Medal, and numerous other a difference in people’s lives. I am confident today on their Silver Anniversary. personal and unit decorations. she will continue to find success in public f Chief Campbell is survived by his loving service. family, friends, and teammates. Mr. Speaker, not only will we miss her hard REMEMBERING A TRUE PUBLIC His nation owes Chief Campbell an enor- work, but we will also miss her presence in SERVANT AND FATHER mous debt of gratitude. We are honored to the office. With her quick-to-laugh personality, have had such an exemplary American fight- I know my office will, sadly, be a quieter place. HON. DALE E. KILDEE ing for his country. I wish Monica the best of luck not only on her OF MICHIGAN I wish to extend my condolences to Chief future endeavors serving the public, but with IN THE HOUSE OF REPRESENTATIVES Campbell’s family, friends, and teammates her new life and fiance´, Mike Guerra, in New Thursday, September 8, 2011 and hope they continue to find solace in his York. I thank her for her service to the Illinois lasting impact on his grateful nation. Our Mr. KILDEE. Mr. Speaker, I rise today with 5th Congressional District. thoughts and prayers are with them. f a heavy heart and deep sympathy to com- memorate the life of a tremendous public serv- f HONORING J VINEYARDS AND ant, Mr. Bryan Coleman IN HONOR OF 50 YEARS OF SERV- WINERY OF HEALDSBURG After graduating from Flint Northern High ICE BY THE LOUIS STOKES School in 1988 Bryan attended Mott Commu- CLEVELAND DEPARTMENT OF HON. LYNN C. WOOLSEY nity College and then Eastern Michigan Uni- VETERANS AFFAIRS MEDICAL OF CALIFORNIA versity. In 1994 he was hired as a Flint Police CENTER IN THE HOUSE OF REPRESENTATIVES Officer protecting the community he so dearly loved. He served on the force admirably for 17 HON. DENNIS J. KUCINICH Thursday, September 8, 2011 years rising to the rank of sergeant and later OF OHIO Ms. WOOLSEY. Mr. Speaker, I rise today, becoming a detective. IN THE HOUSE OF REPRESENTATIVES along with my colleague, Representative MIKE Detective Coleman was not just known for THOMPSON, to recognize and honor J Vine- his work on the Flint Police force. He was Thursday, September 8, 2011 yards and Winery of Healdsburg, which is known by many as a gregarious and outgoing Mr. KUCINICH. Mr. Speaker, I rise today in celebrating its 25th anniversary this year. gentleman. People who knew Bryan called honor of the Louis Stokes Cleveland Depart- J was conceived and developed by Judy him a ‘‘people person,’’ and it did not take ment of Veterans Affairs (VA) Medical Cen- Jordan, an exuberant, fiercely independent 25- long after meeting Bryan to know him. His nat- ter’s Brecksville Campus, as they celebrate 50 year-old who saw an opening in Sonoma ural love for life drew many people into his life years of service to the community’s most de- County’s wine landscape for a high quality, all- and for that they are thankful. serving patients. American sparkling wine brand. It was a lofty Bryan loved life; one of his many loves was For the past 50 years, the Louis Stokes goal for a product that was first made in an the University of Michigan football team. Each Cleveland VA Medical Center’s Brecksville old, ramshackle prune processing barn that fall he spent most Saturdays watching his be- Campus has provided extended care rehabili- routinely flooded when the nearby Russian loved maize and blue often at the stadium tation, general nursing home, center for psy- River overflowed. cheering them on. What Bryan loved the most cho-geriatric care and a domiciliary for the

VerDate Mar 15 2010 05:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K08SE8.024 E08SEPT1 jbell on DSK7SPTVN1PROD with REMARKS September 8, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1569 homeless. This campus has also served as a exceptional family: 12 children, 27 grand- CONGRATULATING THE REPUBLIC training facility for the VA’s Employee Edu- children and 13 great grandchildren. For those OF MACEDONIA cation System and National Training Center. of us who had the privilege of working with As part of the Louis Stokes Cleveland VA Rose and John through the Danny Founda- HON. BILL PASCRELL, JR. Medical Center Transformation, the Brecksville tion, we can be thankful for her resilience and OF NEW JERSEY Campus is being consolidated at the Cleve- determination that created a safer environment IN THE HOUSE OF REPRESENTATIVES land VA’s Wade Park location. for our youngest children. This was truly her The Louis Stokes Cleveland VA Medical gift to all families. Thursday, September 8, 2011 Center is dedicated to the quality care of all Mr. PASCRELL. Mr. Speaker, I rise to rec- veterans. It is the fifth largest VA in the coun- f ognize the 20th Anniversary of the Republic of try and serves close to 95,000 veterans annu- Macedonia’s independence. On September 8, ally. The Louis Stokes Cleveland VA Medical INTRODUCING A RESOLUTION RE- 1991, the Republic of Macedonia declared its Center was the first VA to receive disease GARDING THE USE OF LIBYA’S independence—becoming the only nation to specific accreditation for Inpatient Diabetes FROZEN ASSETS peacefully secede from the Socialist Federal Care in 2007 and has also received a special Republic of Yugoslavia. In the twenty years commendation by the American College of since its independence, the Republic of Mac- Surgeons as a Certified Comprehensive Can- HON. ALCEE L. HASTINGS edonia has transformed itself into a modern cer Program. democratic nation that shares the core values OF FLORIDA Mr. Speaker and colleagues, please join me of freedom, democracy, and the rule of law in honoring all those who have been instru- IN THE HOUSE OF REPRESENTATIVES with the United States of America. These mental in providing care to the veterans of the great strides have put the Republic of Mac- Thursday, September 8, 2011 Brecksville Campus of the Cleveland Depart- edonia on the road to full membership in the ment of Veterans Affairs Medical Center for Mr. HASTINGS of Florida. Mr. Speaker, I European Union and NATO. As Secretary of the past 50 years. rise to introduce a resolution expressing the State Hillary Clinton said last year, ‘‘The f sense of Congress that Libya’s frozen assets United States is committed to promoting Mac- be used to pay for humanitarian relief and mili- edonia’s membership in NATO and the Euro- TRIBUTE TO ROSA ELIA pean Union, and we will continue to help MARTINEZ LINEWEAVER tary operations associated with the current conflict in that country. strengthen Macedonia’s democratic institutions in cooperation with your leaders and civil soci- HON. GEORGE MILLER Since Libyan dictator Muammar Qaddafi re- ety.’’ sponded to peaceful demonstrations by attack- OF CALIFORNIA The United States of America and the Re- ing Libya’s own citizens, the United States has IN THE HOUSE OF REPRESENTATIVES public of Macedonia enjoy a cooperative rela- been actively engaged with our international Thursday, September 8, 2011 tionship across a range of economic, cultural, allies in thwarting the ability of the Qaddafi re- military, and social issues. As the fourth larg- Mr. GEORGE MILLER of California. Mr. gime to visit violence, murder, and destruction est contributor per capita in the International Speaker, I rise today to pay tribute to Elia on the people of Libya. This past February, Security Assistance Force in Afghanistan Mac- Martinez Lineweaver, a loving wife, a caring the United States imposed economic sanc- edonia has become one of the United States’ mother, a longtime medical assistant and tions on Libya and froze the assets of its lead- strongest allies against transnational terrorism. translator and, along with her husband, John, ership, promising to hold Qaddafi, his family, This partnership is lasting and important. the co-founder of the Danny Foundation for and the government of Libya accountable for Macedonians have made an impact in the Crib and Child Product Safety. Sadly, Rose its human rights abuses. It is estimated that United States, as there are over half a million passed away suddenly on September 3, 2011, the value of these assets exceed thirty billion people of Macedonian heritage in this country. after a life dedicated to her family and the dollars. They dedicate their knowledge and skills to causes she championed. On March 19, with the authority of the public service industries, science, and the arts. Born in Mexico in 1942, Rose came here United Nations, the United States Armed I am proud to represent many Macedonians in with her mother and siblings at the age of 5, Forces and our coalition partners launched New Jersey’s Eighth Congressional District. and in 1961 became a naturalized citizen of Operation Odyssey Dawn in an effort to en- I congratulate the people of the Republic of the United States. While she was proud of her force Security Council Resolution 1973. That Macedonia on the 20th anniversary of their career as a health care provider, her true pas- mission has since come under NATO com- country’s independence and join the Macedo- sion stemmed from her role as mother to thir- mand and is now called Operation Unified nian-American community in my district and teen children. Protector. Our Armed Forces have assisted in across the United States in celebrating this im- In 1984, a tragic crib accident left Rose and combat operations including providing intel- portant occasion. John’s 23-month-old son Danny severely dis- ligence, aerial refueling, targeting, and other f abled. After this tragedy the Lineweavers aspects of NATO’s daily bombardment of Liby- formed The Danny Foundation for Crib and an forces loyal to Qaddafi. We have already MEMORIAL TRIBUTE FOR CHIEF Child Product Safety. During its 20 years of spent over one billion taxpayer dollars on this PETTY OFFICER SPECIAL WAR- international activity, The Danny Foundation effort, with operations costing millions more FARE OFFICER JOHN WESTON created and advocated for safety regulations every day. FAAS which defined for the very first time how U.S. crib makers should safely manufacture cribs. When the United States recognized the HON. KAY GRANGER Additionally, they pursued legal remedies and Transitional National Council as the legitimate governing authority of Libya on July 15, it OF TEXAS sought changes from industry and government IN THE HOUSE OF REPRESENTATIVES in the design, advertising, inspection, use, and paved the way for the Council to access some sale of infant cribs. Their tireless work over of the frozen assets to use for humanitarian Thursday, September 8, 2011 the years has saved untold thousands of in- relief and reconstruction efforts. With the Ms. GRANGER. Mr. Speaker, I rise today to fants from injury and even death. Qaddafi regime at an end and the dictator honor Chief Petty Officer Special Warfare Offi- In 2006, Rose received the Jefferson Award himself on the run and in hiding, the United cer John Weston Faas who died August 6th in for public service for her life-saving efforts, States will be moving into a posture that puts Wardak Province, Afghanistan. Chief Faas and over the years was honored by notices in less emphasis on military operations and more was a patriot and a hero who made the ulti- the CONGRESSIONAL RECORD, the receipt of focus on supporting the Transitional National mate sacrifice ensuring the security of our na- personal letters of thanks from the White Council’s efforts to establish a working govern- tion. He will be greatly missed. House and many of my colleagues here in ment. Chief Faas was a highly decorated combat Congress, as well as from state legislators The United States should pursue with the veteran with numerous awards, including four from seven states in which infant crib safety Council the viability of using some of those as- Bronze Star Medals with Valor, including one legislation was passed thanks to the Danny sets to reimburse NATO members for the cost for extraordinary heroism, Purple Heart Medal, Foundation’s efforts. of their military operations in support of the Defense Meritorious Service Medal, two Joint Those who knew Rose Lineweaver will at- Libyan people. I urge my colleagues to sup- Service Commendation Medals with Valor, test to the fact that her true legacy is in her port this resolution. Navy and Marine Corps Commendation

VerDate Mar 15 2010 05:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K08SE8.025 E08SEPT1 jbell on DSK7SPTVN1PROD with REMARKS E1570 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 2011 Medal, Navy and Marine Corps Achievement offers a wide range of programs and services Board, member of the dean’s advisory board Medal, two Combat Action Ribbons, two Presi- to veterans and their families in an effort to of the School of Agriculture at the University of dential Unit Citations, Navy Unit Commenda- ease the transition between military and civil- California in Davis; former president of the tion, three Afghanistan Campaign Medals, two ian life. The Vet Center Program began fol- Newman Rotary and the Newman Chamber of Iraq Campaign Medals, Global War on Ter- lowing the Vietnam War when veterans were Commerce; and former California chairman of rorism Service Medal, and numerous other experiencing difficulties readjusting to civilian the National Newspaper Association. personal and unit decorations. life. The goal of the Vet Center program is ‘‘to As a member of the Stanislaus County Fair Chief Faas is survived by his loving family, provide a broad range of counseling, outreach, board for 17 years (appointed by the governor friends, and teammates. and referral services to eligible veterans in every four years), he has worked extensively His nation owes Chief Faas an enormous order to help them make a satisfying post-war on livestock and fair issues over the years. debt of gratitude. We are honored to have had readjustment to civilian life.’’ He lives in Newman and is the father of two such an exemplary American fighting for his In addition to providing care and counseling daughters, Toni and Natalie. country. to Greater Cleveland area veterans, the Mr. Speaker, please join me in commending ill Mattos for his hard work in the California I wish to extend my condolences to Chief Westside Vet Center also hosts a wide array poultry industry, and congratulating him upon Faas’ family, friends, and teammates and of gatherings and celebrations to honor the receiving the California Poultry Federation hope they continue to find solace in his lasting service of these brave Americans. Today, the ‘‘Golden Rooster Award.’’ impact on his grateful nation. Our thoughts Westside Vet Center is hosting a Freedom and prayers are with them. Celebration, an event designed to celebrate f f the veteran’s role in maintaining our freedoms. A TRIBUTE TO NANCY WILSON Mr. Speaker and colleagues, please join me CONGRATULATING DR. NICK J. in honoring the Westside Vet Center’s Free- BRUNO HON. JOHN CONYERS, JR. dom Celebration, as they commemorate the OF MICHIGAN service of the Greater Cleveland area’s U.S. IN THE HOUSE OF REPRESENTATIVES HON. RODNEY ALEXANDER veterans. OF LOUISIANA Thursday, September 8, 2011 f IN THE HOUSE OF REPRESENTATIVES Mr. CONYERS. Mr. Speaker, I want to pay Thursday, September 8, 2011 TRIBUTE TO BILL MATTOS tribute to my dear friend Nancy Wilson, an American treasure. After nearly sixty years of Mr. ALEXANDER. Mr. Speaker, it is with performing, Nancy will officially retire Sep- great pride that I rise today to congratulate Dr. HON. JEFF DENHAM OF CALIFORNIA tember 10th in Columbus, Ohio where she Nick J. Bruno for becoming the eighth presi- began her career. I am deeply honored to call IN THE HOUSE OF REPRESENTATIVES dent of the University of Louisiana-Monroe Nancy a friend and when I think of her, I am (ULM). Dr. Bruno began his new position in Thursday, September 8, 2011 reminded of her sophistication, refinement, November of 2010 after 30 years of distin- Mr. DENHAM. Mr. Speaker, I rise today to poise and grace. guished service in Louisiana higher education. acknowledge and honor Bill Mattos on being For years Nancy has been a trail-blazing A Bayou State native, his career has been awarded the ‘‘Golden Rooster Award’’ from artist whose work incorporated genres like dedicated to strengthening the state’s edu- the California Poultry Federation, and to thank jazz, R&B, and pop music. With a career that cation system. Dr. Bruno worked in business him for his dedication to the agriculture com- ranges from blues to Broadway musicals, she affairs for the University of Louisiana system, munity. This award is a tribute to Bill’s profes- has proven herself to be an inspiration to holding a variety of titles, formerly served as sional accomplishments in the poultry industry, many and has continually reinvented and re- vice president of business affairs at ULM at a as well as his dedicated service and leader- fined her sound. Coupled with her engaging critical juncture in the school’s history, and ship. and charming stage presence, she has ap- also assisted in several capacities at South- Bill Mattos was born and raised on a farm pealed—and continues to appeal—to genera- eastern Louisiana University. in Stanislaus County. He is an honors grad- tions of Americans and world audiences. In addition to a praiseworthy higher edu- Born in Chillicothe, Ohio in 1937, Nancy uate of Cal Poly State University in San Luis cation career, Dr. Bruno is regionally and na- Wilson discovered her voice while singing in Obispo where he was named outstanding tionally recognized for his consulting expertise church choirs. When she was 15, she won a graduate in journalism (Betty Belle Kemp) and in areas relating to financial, organizational, vocal contest and consequently starred in her holds a Master’s Degree in Agricultural Jour- and business affairs. own television show, Skyline Melodies. Later, nalism from the University of Wisconsin-Madi- Dr. Bruno’s educational background began Nancy was a regular guest on the TV variety son. at Southeastern Louisiana University where he shows of Johnny Carson, Andy Williams, Flip A former Stanislaus County Supervisor, he earned a bachelor’s degree in accounting and Wilson, Arsenio Hall, and others. Also well worked for the USDA under Secretary Earl a master’s degree in Business Administration known as an actress, she has appeared in Butz and served as a White House intern in from Southeastern Louisiana University. He such television programs as I Spy, Room 222, the Nixon administration. later received his doctorate degree in Higher Hawaii Five–0, The Cosby Show, New York Bill is the president of the California Poultry Education Leadership from the University of Undercover, and the films The Big Score and Federation where he manages the affairs of Mississippi. Meteor Man. She once commented on her the meat poultry industry with emphasis in Dr. Bruno and wife, Linda, have three chil- versatility as an artist, ‘‘Each song is a little governmental relations, public affairs, public dren together: one son, Steven, and two play, a little vignette.’’ Nancy used her voice to relations, animal welfare and marketing. He daughters, Victoria and Christina. I ask my address those who deal with the joys and also works with agricultural and business colleagues to join me in congratulating Dr. heartaches of love through such songs as groups to promote business and industry in Bruno, and his family, for his new role as Uni- Guess Who I Saw Today, Save Your Love For California. He travels extensively throughout versity of Louisiana-Monroe’s eighth president. Me, and Like in Love. She was also the host the West Coast and to Washington, DC to f of the noted NPR series Jazz Profiles. promote California issues. Her extraordinary talents and brilliant career IN HONOR OF THE WESTSIDE VET He hosts a cable television program, earned her Grammy Awards in 1964, 2005, CENTER’S FREEDOM CELEBRATION ‘‘Westside Stories,’’ which features monthly and 2007; a National Endowment for the Arts interviews with elected officials, executives Jazz Masters fellowship, the Oprah Winfrey HON. DENNIS J. KUCINICH with charitable organizations and leaders Legends Award, an NAACP Image Award, OF OHIO throughout various Stanislaus County and and a star on the Hollywood Walk of Fame. Merced County communities. IN THE HOUSE OF REPRESENTATIVES Earlier this year, the Smithsonian’s National He was the founder and former president of Museum of American History accepted two of Thursday, September 8, 2011 Mattos Newspapers, Inc., where he operated her gowns into its National Collections. I was Mr. KUCINICH. Mr. Speaker, I rise today in a newspaper and printing company for 30 honored to have Nancy perform at the 1990 honor of the Westside Vet Center’s Freedom years. Congressional Black Caucus Foundation jazz Celebration, taking place on September 8, He is past chairman of the Doctors Medical Concert, entitled Salute to Women in Jazz. 2011. Center Board of Governors; President of the Nancy Wilson has championed many The U.S. Department of Veterans Affairs’ Stanislaus County Fair Board; past president causes, including the Martin Luther King Cen- Westside Vet Center, located in Parma, Ohio, of the Stanislaus State University Foundation ter for Social Change and the National Heart

VerDate Mar 15 2010 05:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K08SE8.013 E08SEPT1 jbell on DSK7SPTVN1PROD with REMARKS September 8, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1571 Association. Nancy has also co-founded the Eugene Rutledge on his retirement from Flint emergency programs for the county, its cities Nancy Wilson Foundation, which takes inner Community Schools. and special districts. Her commitment to im- city children on trips to rural America. She has Eugene moved to Flint from Gary, Indiana proving emergency management did not stop received numerous awards, like the Essence and was educated in the same schools to at the county line. She is a founding member Award and the Paul Robeson Humanitarian which he devoted his life. After attending Flint and current Chair of the California Operational Award. She has been awarded honorary de- Junior College he graduated from Michigan Area Coalition (COAC), a forum for informa- grees from the Berklee College of Music and State University with a Bachelor’s Degree in tion exchange and advocacy on emergency Columbus Central State College. Elementary Education. His passion for edu- management issues. The COAC’s mission is Music lovers will truly miss her. There will cation can be found in his body of work as to enhance closer cooperation and collabora- only be one Nancy Wilson. well his thirst for knowledge. While teaching, tion with members of the organization and with f Eugene obtained a Master’s Degree in Read- the State Emergency Management Agency. ing Instruction from Michigan State University RECOGNIZING ARLETTE MERRITT Ms. Covall-Alves began her career in emer- and has done post graduate work at Oakland gency management as a 9–1–1 dispatcher for University. HON. GEORGE MILLER the Tuolumne County Sheriffs Department. OF CALIFORNIA Mr. Rutledge has been a fixture in the Flint After developing disaster recovery plans for IN THE HOUSE OF REPRESENTATIVES school system for over 66 years as a student, private businesses, she returned to public Thursday, September 8, 2011 instructor and administrator. He began his ca- reer as a social studies teacher, remaining in service with the San Mateo County OES and Mr. GEORGE MILLER of California. Mr. the classroom for twenty-four years. He left from there was deployed to the 1994 Speaker, I rise to recognize Arlette Merritt, Ex- the classroom and took his passion for edu- Northridge earthquake in Southern California ecutive Director of West Contra Costa Coun- cation to a broader prospective, working as an as part of the state’s mutual aid program. She ty’s Early Childhood Mental Health Program, joined Sonoma County OES in 1995 and and congratulate her as she approaches her administrator, focusing on curriculum and in- struction for 19 years. While there he quickly became an integral part of the county’s well-earned retirement. response and recovery team. Arlette Merritt’s outstanding career in public mentored new teachers and prospective ad- service was born out of her lifelong commit- ministrators and served on the Superintend- Mr. Speaker, Sandy Covall-Alves has had a ment to mental health services for the very ent’s Executive Cabinet. long and distinguished career in serving and youngest and most vulnerable children. In fo- As a man of God, Eugene gathered strength protecting the people of the State of California. cusing on treatment for children ages 0–6, from one of his favorite scriptures. Proverbs We wish her well in her retirement as she en- Arlette has made a priceless contribution to 3:5 and 6: ‘‘Trust in the Lord with all thine joys time with her husband, Ron Alves, and her client families and to our community as a heart; and lean not unto thine own under- their three special pets, Beelsey, Mowese and whole. standing. In all thy ways acknowledge Him, Wilson. Since becoming Executive Director 28 years and He shall direct thy paths.’’ Everyone in ago, Arlette has been instrumental in keeping Flint can say thank you for taking the path he f the Early Childhood Mental Health Program has taken and his continued dedication to the accessible to our region’s population. Under City of Flint, Flint Community Schools, and RECOGNIZING ARIANNA her leadership, the Early Childhood Mental most importantly the children. MCQUILLEN, RECIPIENT OF A Health Program has pioneered early-interven- Mr. Speaker I would like to congratulate Eu- BUICK AND GENERAL MOTORS tion by developing infant/parent home visiting, gene Rutledge on his retirement. Eugene’s FOUNDATION SCHOLARSHIP preschool mental health consultation, and in- dedication to the community and the children tensive day treatment for preschool children. is second to none. Further, this agency provides specialized par- f HON. GERALD E. CONNOLLY enting support groups and critical wrap-around HONORING SANDY COVALL-ALVES OF VIRGINIA services, in both English and Spanish. During IN THE HOUSE OF REPRESENTATIVES her admirable career, Arlette has molded an HON. LYNN C. WOOLSEY outstanding team of professionals who in turn Thursday, September 8, 2011 bring these services to 400–500 families a OF CALIFORNIA year. IN THE HOUSE OF REPRESENTATIVES Mr. CONNOLLY of Virginia. Mr. Speaker, I Arlette’s rare and exceptional skills have Thursday, September 8, 2011 rise to congratulate Arianna McQuillen, of Fair- earned her tremendous respect and the grati- Ms. WOOLSEY. Mr. Speaker, I rise today, fax Station, on her selection as a Buick and tude of her colleagues as well as the public at together with my colleague, Congressman General Motors Foundation Scholarship Re- large. She has been a tireless advocate for MIKE THOMPSON, to recognize Sandy Covall- cipient. She has been identified as one of 100 the expansion of children’s mental health serv- Alves who is retiring after 30 years in the outstanding students from across the United ices and is nationally recognized as an expert emergency management field, the last 16 of States to receive up to $25,000 in a renew- in her field. I invite my colleagues to join me in honoring which was as Emergency Manager for able scholarship. She plans to attend Massa- Arlette Merritt as a true hero in our community Sonoma County’s Fire & Emergency Services chusetts Institute of Technology and specialize and to thank her for her dedicated service to Department and the Sonoma County Oper- in robotics. the families and especially the children of ational Area. For those 30 years, she dedi- Arianna is very involved in our community, West Contra Costa County. While I will truly cated herself to making sure that people in her working on projects such as cleaning the miss our interaction on issues related to sup- charge were safe and received the resources Occoquan watershed, planting trees, preparing porting children’s mental health, I am pleased they need in the wake of natural disasters. care packages for soldiers abroad and tutoring to join with her family, friends and colleagues During her tenure in Sonoma County, Ms. young students. Covall-Alves coordinated the response, recov- in congratulating Arlette Merritt on a long and Her academic record is proof that she is a highly successful career and wish her a happy ery and mitigation efforts for the 1995–1999 and 2006 winter storms and floods, the 1996 high-achieving student. She studied at Lake and healthy retirement. Braddock Secondary School, where her inter- f Cavedale fire, and the 1998 Rio Nido debris flow. In total, she oversaw the implementation ests varied from math and science to art and CONGRATULATIONS TO EUGENE of 14 local emergency proclamations, 12 the environment. She has won many awards RUTLEDGE FOR YOUR YEARS OF Emergency Operations Center activations, 8 in areas ranging from debate to art. She is a SERVICE gubernatorial proclamations and 6 events that National Merit Scholar, a 2010 Beat the Odds were designated by the President as national Scholarship Recipient, an Advanced Place- HON. DALE E. KILDEE disasters. Our offices appreciated working with ment Scholar, and a National Achievement OF MICHIGAN her, knowing that she knew how to pull all her Semi-Finalist. IN THE HOUSE OF REPRESENTATIVES connections together for a coordinated re- Mr. Speaker, I ask my colleagues to join me Thursday, September 8, 2011 sponse. in recognizing Arianna McQuillen’s remarkable Mr. KILDEE. Mr. Speaker, I ask the House Ms. Covall-Alves was also the guiding force achievements and wishing her continued suc- of Representatives to join me in congratulating in establishing, implementing and coordinating cess as she pursues her degree at MIT.

VerDate Mar 15 2010 05:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A08SE8.028 E08SEPT1 jbell on DSK7SPTVN1PROD with REMARKS E1572 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 2011 MEMORIAL TRIBUTE FOR SENIOR 26 years as a Federal Bankruptcy Judge for Baxter asked, they asked the judge to adjourn CHIEF PETTY OFFICER EXPLO- the Northern District of Ohio, and as Chief while they negotiated an Agreed Order with SIVE ORDNANCE DISPOSAL Judge for the last seven years. In 1996, Judge my attorneys and the attorneys for the steel KRAIG MICHAEL KALEOLANI Baxter was appointed by the Sixth Circuit workers and the various creditors in the bank- VICKERS Court of Appeals to serve as a charter mem- ruptcy case. The parties negotiated an Agreed ber of its Bankruptcy Appellate Panel. Pri- Order, LTV complied with the order to keep HON. KAY GRANGER marily appointed to sit in Cleveland, Judge the furnace hot, and the steelmaking assets OF TEXAS Baxter also heard cases in Akron, Canton, To- were saved. Nearly 10 years later, the blast IN THE HOUSE OF REPRESENTATIVES ledo and Youngstown and has served as a furnace is now part of Arcelor Mittal and con- Thursday, September 8, 2011 visiting judge in Delaware, New York, Ten- tinues to produce steel. nessee, Michigan and Florida. Mr. Speaker and colleagues, please join me Ms. GRANGER. Mr. Speaker, I rise today to A native of Columbia, Tennessee, Judge in honoring Chief Judge Randolph Baxter, sol- honor Senior Chief Petty Officer Explosive Baxter is an honors graduate of Tuskegee dier, scholar, lawyer and judge, as he retires Ordnance Disposal Kraig Michael Kaleolani University and the University of Akron School from the federal bankruptcy bench and em- Vickers who died August 6th in Wardak Prov- of Law. Prior to becoming a judge, Judge Bax- barks on the next set of journeys in his life. ince, Afghanistan. Senior Chief Vickers was a ter was engaged in the private practice of law patriot and a hero who made the ultimate sac- before serving as a federal prosecutor with the f rifice ensuring the security of our nation. He U.S. Department of Justice. He also served as will be greatly missed. the Deputy Director, Department of Public HONORING DEBRA BROWN Senior Chief Vickers was a highly decorated Service for the City of Akron, Ohio, and earlier STEINBERG combat veteran with numerous awards, includ- served as a salary administration analyst with ing four Bronze Star Medals with Valor, two the B.F. Goodrich Company. HON. PETER T. KING Purple Heart Medals, Defense Meritorious Judge Baxter served as an officer in the Service Medal, Joint Service Commendation U.S. Army, receiving the Bronze Star for OF NEW YORK Medal with Valor, Navy and Marine Corps Valor, among other unit citations, while serving IN THE HOUSE OF REPRESENTATIVES Commendation Medal, three Navy and Marine as a tank platoon leader in Vietnam and Cam- Thursday, September 8, 2011 Corps Achievement Medals, two Combat Ac- bodia with the 11th Armored Cavalry Regi- tion Ribbons, Presidential Unit Citation, two ment. He later achieved the rank of captain Mr. KING of New York. Mr. Speaker, today Afghanistan Campaign Medals, Iraqi Cam- and commanded a tank company before re- I rise to acknowledge and pay tribute to the paign Medal, Global War on Terrorism Expedi- signing his commission and returning to civil- tremendous efforts of Debra Brown Steinberg tionary Medal, Global War on Terrorism Serv- ian life in 1971. on behalf of the families of 9/11 victims. ice Medal, and numerous other personal and As a student, Judge Baxter worked sum- For ten years now, Ms. Steinberg has unit decorations. mers in the steel mills, earning his way worked tirelessly as an advocate for these Senior Chief Vickers is survived by his lov- through college. It was perhaps this experi- families and to ensure they are treated the ing family, friends, and teammates. ence that prepared him for presiding over a same, regardless of their respective citizen- His nation owes Senior Chief Vickers an motion for a Temporary Restraining Order, ship or immigration status. She has played a enormous debt of gratitude. We are honored TRO, in the LTV Steel bankruptcy case. While major role in writing various bills that benefit 9/ to have had such an exemplary American the case itself was assigned to another judge 11 families including New York State’s Sep- fighting for his country. in the Northern District of Ohio, the motion for tember 11th Victims and Families Relief Act, I wish to extend my condolences to Senior the TRO came when the other judge was not the September 11th Family Humanitarian Re- Chief Vickers’ family, friends, and teammates available. Judge Baxter quickly learned the lief and Patriotism Act, and the September and hope they continue to find solace in his issues behind the motion and heard argu- 11th Victims Compensation Fund. On a per- lasting impact on his grateful nation. Our ments from all sides. The motion was sub- sonal note, I have enjoyed working closely thoughts and prayers are with them. mitted after workers at the LTV facility in with Ms. Steinberg and the Department of f Cleveland realized that there was not enough Homeland Security to permit eligible spouses IN HONOR OF MR. RANDOLPH coke being shipped to keep the blast furnace and children of 9/11 victims to remain in the BAXTER hot until the sitting judge could hear the merits United States and ultimately become perma- of the case for shutting down or keeping open nent residents. HON. DENNIS J. KUCINICH the Cleveland steelmaking facilities. If the fur- In addition, all of Ms. Steinberg’s work for nace did not stay hot, it would have been ir- these families has been pro-bono and her per- OF OHIO reparably damaged and Cleveland would have severance in seeing that they are taken care IN THE HOUSE OF REPRESENTATIVES lost the capability to produce primary steel. As of is extraordinary. On behalf of the 9/11 fami- Thursday, September 8, 2011 the LTV lawyers observed Judge Baxter’s re- lies, many of which are constituents of mine, Mr. KUCINICH. Mr. Speaker, I rise to speak actions to both sides of the argument and I would like to once again honor Debra Stein- in honor of Randolph Baxter as he retires from came to grips with the tough questions Judge berg for her commitment to their lives.

VerDate Mar 15 2010 05:28 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\K08SE8.014 E08SEPT1 jbell on DSK7SPTVN1PROD with REMARKS Thursday, September 8, 2011 Daily Digest

HIGHLIGHTS Senate passed H.R. 1249, Leahy-Smith America Invents Act. House and Senate met in a Joint Session to receive a message from the President of the United States. Senate Fund. (By 50 yeas to 48 nays (Vote No. 128), Senate Chamber Action tabled the amendment.) Pages S5418–25, S5437–39 Routine Proceedings, pages S5395–S5470 Authorizing the Use of the Capitol Grounds: Measures Introduced: Thirteen bills and three reso- Senate agreed to H. Con. Res. 67, authorizing the lutions were introduced, as follows: S. 1523–1535, use of the Capitol Grounds for the District of Co- S.J. Res. 27, and S. Res. 259–260. Pages S5458–59 lumbia Special Olympics Law Enforcement Torch Measures Reported: Run. Page S5464 Special Report entitled ‘‘Allocation to Subcommit- Authorizing the Use of Emancipation Hall in tees of Budget Totals for Fiscal Year 2012’’. (S. the Capitol Visitor Center: Committee on Rules Rept. No. 112–76) and Administration was discharged from further con- S. 657, to encourage, enhance, and integrate Blue sideration of S. Con. Res. 28, authorizing the use of Alert plans throughout the United States in order to Emancipation Hall in the Capitol Visitor Center for disseminate information when a law enforcement of- an event to award the Congressional Gold Medal, ficer is seriously injured or killed in the line of duty, collectively, to the 100th Infantry Battalion, 442nd with an amendment in the nature of a substitute. Regimental Combat Team, and the Military Intel- S. 1525, to extend the authority of Federal-aid ligence Service, United States Army, in recognition highway programs. Page S5458 of their dedicated service during World War II, and the resolution was then agreed to. Page S5464 Measures Passed: National Fetal Alcohol Spectrum Disorders Leahy-Smith America Invents Act: By 89 yeas to Awareness Day: Senate agreed to S. Res. 259, des- 9 nays (Vote No. 129), Senate passed H.R. 1249, to ignating September 9, 2011, as ‘‘National Fetal Al- amend title 35, United States Code, to provide for cohol Spectrum Disorders Awareness Day.’’ patent reform, after taking action on the following Pages S5464–65 amendments proposed thereto: Pages S5402–43 Rejected: 75th Anniversary of Shenandoah National By 47 yeas to 51 nays (Vote No. 126), Sessions Park: Senate agreed to S. Res. 260, commemorating Amendment No. 600, to strike the provision relat- the 75th anniversary of the dedication of Shenandoah ing to the calculation of the 60-day period for appli- National Park. Page S5465 cation of patent term extension. Measures Considered: Pages S5402–07, S5425–36 Debt Limit Increase Resolution of Disapproval: By 13 yeas to 85 nays, 1 responding present (Vote Senate began consideration of the motion to proceed No. 127), Cantwell Amendment No. 595, to estab- to consideration of S.J. Res. 25, relating to the dis- lish a transitional program for covered business approval of the President’s exercise of authority to method patents. Pages S5407–18, S5436–37 increase the debt limit, as submitted under section Coburn Modified Amendment No. 599, to amend 3101A of title 31, United States Code, on August the provision relating to funding the Patent and 2, 2011. Trademark Office by establishing a United States During consideration of this measure today, Senate Patent and Trademark Office Public Enterprise also took the following action: D933

VerDate Mar 15 2010 05:38 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D08SE1.REC D08SEPT1 jbell on DSK7SPTVN1PROD with DIGEST D934 CONGRESSIONAL RECORD — DAILY DIGEST September 8, 2011 By 45 yeas to 52 nays (Vote No. 130), Senate did not agree to the motion to proceed to consideration Committee Meetings of the resolution. Page S5466 (Committees not listed did not meet) Message from the President: Senate received the following message from the President of the United BUSINESS MEETING States: Committee on Banking, Housing, and Urban Affairs: Transmitting the President’s address concerning Committee ordered favorably reported the following proposals to create jobs and improve the economy business items: delivered to a Joint Session of Congress on Sep- An original bill entitled, ‘‘Export-Import Bank tember 8, 2011; which was ordered to lie on the Reauthorization Act of 2011’’; table. (PM–18) Pages S5451–54 An original bill entitled, ‘‘Flood Insurance Reform Nominations Received: Senate received the fol- and Modernization Act of 2011’’; and lowing nominations: The nominations of Anthony Frank D’Agostino, of Cyrus Amir-Mokri, of New York, to be a Member Maryland, and Gregory Karawan, of Virginia, both of the Board of Directors of the National Consumer to be a Director of the Securities Investor Protection Cooperative Bank for a term of three years. Corporation, Luis A. Aguilar, of Georgia, and Daniel Cyrus Amir-Mokri, of New York, to be an Assist- M. Gallagher, Jr., of Maryland, both to be a Member ant Secretary of the Treasury. of the Securities and Exchange Commission, S. Roy Stephanie Dawn Thacker, of West Virginia, to be Woodall, Jr., of Kentucky, to be a Member of the United States Circuit Judge for the Fourth Circuit. Financial Stability Oversight Council, Martin J. Gruenberg, of Maryland, to be a Member and to be Gregg Jeffrey Costa, of Texas, to be United States Chairperson of the Board of Directors of the Federal District Judge for the Southern District of Texas. Deposit Insurance Corporation, and Thomas J. Kathryn Keneally, of New York, to be an Assist- Curry, of Massachusetts, to be Comptroller of the ant Attorney General. Currency, Department of the Treasury. 16 Air Force nominations in the rank of general. Routine lists in the Air Force, Army, Foreign BUSINESS MEETING Service, Marine Corps, Navy, and Public Health Committee on Environment and Public Works: Com- Service. Pages S5466–70 mittee ordered favorably reported an original bill en- Messages from the House: Page S5454 titled, ‘‘The Surface Transportation Extension Act of Measures Placed on the Calendar: 2012.’’ Pages S5395, S5454 TAX REFORM OPTIONS Executive Communications: Pages S5454–58 Committee on Finance: Committee concluded a hearing Executive Reports of Committees: Page S5458 to examine tax reform options, focusing on inter- Additional Cosponsors: Pages S5459–60 national issues, after receiving testimony from Philip Statements on Introduced Bills/Resolutions: R. West, Steptoe & Johnson LLP, Washington, D.C.; James R. Hines Jr., and Reuven S. Avi-Yonah, Pages S5460–63 both of the University of Michigan Law School, Ann Additional Statements: Pages S5449–51 Arbor; and Scott M. Naatjes, Cargill, Incorporated, Notices of Hearings/Meetings: Pages S5463–64 Wayzata, Minnesota. Authorities for Committees to Meet: Page S5464 AFGHANISTAN Record Votes: Five record votes were taken today. Committee on Foreign Relations: Subcommittee on (Total—130) Pages S5436–37, S5439, S5442, S5466 International Development and Foreign Assistance, Adjournment: Senate convened at 9:30 a.m. and Economic Affairs and International Environmental adjourned at 8:30 p.m., until 9:45 a.m. on Friday, Protection concluded a hearing to examine Afghani- September 9, 2011. (For Senate’s program, see the stan, focusing on right sizing the development foot- remarks of the Acting Majority Leader in today’s print, after receiving testimony from Daniel Feld- Record on page S5466.) man, Deputy Special Representative for Afghanistan and Pakistan, Department of State; and J. Alexander Thier, Assistant to the Administrator and Director of the Office of Afghanistan and Pakistan Affairs, United States Agency for International Development.

VerDate Mar 15 2010 05:38 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D08SE1.REC D08SEPT1 jbell on DSK7SPTVN1PROD with DIGEST September 8, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D935

QUALITY AND SAFETY IN CHILD CARE District of California, Richard G. Andrews, to be Committee on Health, Education, Labor, and Pensions: United States District Judge for the District of Dela- Subcommittee on Children and Families concluded a ware, Jennifer Guerin Zipps, to be United States hearing to examine quality and safety in child care, District Judge for the District of Arizona, and Ed- focusing on giving working families security, con- ward M. Spooner, to be United States Marshal for fidence, and peace of mind, after receiving testimony the Northern District of Florida, Kenneth Magidson, from Eric Karolak, Early Care and Education Consor- to be United States Attorney for the Southern Dis- tium, Washington, D.C.; Donna M. Bryant, Univer- trict of Texas, Robert Lee Pitman, to be United sity of North Carolina FPG Child Development In- States Attorney for the Western District of Texas, S. stitute, Chapel Hill; and Charlotte M. Brantley, Amanda Marshall, to be United States Attorney for Clayton Early Learning, Denver, Colorado. the District of Oregon, John Malcolm Bales, to be BUSINESS MEETING United States Attorney for the Eastern District of Texas, and Sarah Ruth Saldana, of Texas, to be Committee on the Judiciary: Committee ordered favor- United States Attorney for the Northern District of ably reported the following business items: Texas, all of the Department of Justice. S. 657, to encourage, enhance, and integrate Blue Alert plans throughout the United States in order to NEW STATE VOTING LAWS disseminate information when a law enforcement of- ficer is seriously injured or killed in the line of duty, Committee on the Judiciary: Subcommittee on the Con- with an amendment in the nature of a substitute; stitution, Civil Rights and Human Rights concluded and a hearing to examine new state voting laws, focusing The nominations of Morgan Christen, of Alaska, on barriers to the ballot, after receiving testimony to be United States Circuit Judge for the Ninth Cir- from Senators Nelson (FL), and Brown (OH); Rep- cuit, Scott Wesley Skavdahl, to be United States resentatives Cleaver, Gonzalez, and Rokita; Judith A. District Judge for the District of Wyoming, Sharon Browne-Dianis, Advancement Project, and Hans A. L. Gleason, to be United States District Judge for von Spakovsky, Heritage Foundation, both of Wash- the District of Alaska, Yvonne Gonzalez Rogers, to ington, D.C.; and Justin Levitt, Loyola Law School, be United States District Judge for the Northern Los Angeles, California. h House of Representatives Chaplain: The prayer was offered by the guest chap- Chamber Action lain, Reverend Clark Johnson, First Southern Baptist Public Bills and Resolutions Introduced: 10 pub- Church, Topeka, Kansas. Page H5975 lic bills, H.R. 2865–2874; and 5 resolutions, H. Committee Election: The House agreed to H. Res. Con. Res. 75–76; and H. Res. 394–396 were intro- 395, electing a certain Member to a certain standing duced. Pages H6009–10 committee of the House of Representatives. Additional Cosponsors: Pages H6010–11 Page H5979 Reports Filed: Reports were filed today as follows: Empowering Parents through Quality Charter H.R. 2072, to reauthorize the Export-Import Schools Act: The House began consideration of Bank of the United States, and for other purposes, H.R. 2218, to amend the charter school program with an amendment (H. Rept. 112–201) and under the Elementary and Secondary Education Act H.R. 2552, to amend title 18, United States of 1965. Further proceedings were postponed. Code, to change the state of mind requirement for Pages H5979–88, H5988–H6005 certain identity theft offenses, and for other purposes Pursuant to the rule, the amendment in the na- (H. Rept. 112–202). Page H6009 ture of a substitute recommended by the Committee Speaker: Read a letter from the Speaker wherein he on Education and the Workforce now printed in the appointed Representative Webster to act as Speaker bill shall be considered as an original bill for the pro tempore for today. Page H5969 purpose of amendment under the five-minute rule. Recess: The House recessed at 10:55 a.m. and re- Page H5993 convened at 12 noon. Page H5975

VerDate Mar 15 2010 05:38 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D08SE1.REC D08SEPT1 jbell on DSK7SPTVN1PROD with DIGEST D936 CONGRESSIONAL RECORD — DAILY DIGEST September 8, 2011 Agreed to: Seeks to strike the following language: ‘‘(D) has Kline manager’s amendment (No. 1 printed in demonstrated success in increasing student academic part A of H. Rept. 112–200) that makes technical achievement for the subgroups of students described and clarifying corrections to the bill as reported out in section llll(b)(2)(C)(v)(II).’’. Pages H6003–05 of Committee. Makes additional policy changes to H. Res. 392, the rule providing for consideration improve the Charter School Program, including pro- of the bills (H.R. 2218) and (H.R. 1892), was visions regarding parent input, annual grants, edu- agreed to by a recorded vote of 237 ayes to 163 cation for at-risk students, diverse charter school noes, Roll No. 694, after the previous question was models, transportation needs, high-quality appli- ordered by a yea-and-nay vote of 226 yeas to 176 cants, and school lunch participants; Pages H5996–98 nays, Roll No. 693. Pages H5979–88 Davis (CA) amendment (No. 2 printed in part A Recess: The House recessed at 3:47 p.m. and recon- of H. Rept. 112–200) that adds to the purpose sec- vened at 6:43 p.m. Page H6005 tion of H.R. 2218 the importance of innovation in public education to prepare students to compete in Presidential Address: President Barack Obama de- the global economy; Page H5998 livered an address to a joint session of Congress, pur- Paulsen amendment (No. 3 printed in part A of suant to the provisions of H. Con. Res. 74. He was H. Rept. 112–200) that changes the duration of escorted into the House Chamber by a committee Subgrants in the Grant Limitations Section from 5 comprised of Representatives Cantor, McCarthy years to 3 years to allow successful and eligible oper- (CA), Hensarling, Sessions, Price (GA), McMorris ating schools to replicate and expand faster. The Rodgers, Carter, Pelosi, Hoyer, Clyburn, Larson school must demonstrate successful operation data (CT), Becerra, Van Hollen, and Hochul and Senators for no less than 3 years; Pages H5998–99 Reid, Durbin, Schumer, Murray, Stabenow, Begich, Luja´n amendment (No. 4 printed in part A of H. McConnell, Kyl, Alexander, Barrasso, Thune, and Rept. 112–200) that adds to the requirement that Cornyn. The President’s message was referred to the applicants include in their application a description Committee of the Whole House on the State of the of how a charter school program would share best Union and ordered printed (H. Doc. 112–51). and promising practices between charter schools and Pages H6005–09 other public schools, by including in that description Senate Message: Message received from the Senate how they would share best practices in instruction by the Clerk and subsequently presented to the and professional development in technology, engi- House today appears on page H5979. neering, and math education where appropriate; and Quorum Calls—Votes: One yea-and-nay vote and Pages H5999–H6000 one recorded vote developed during the proceedings Polis amendment (No. 5 printed in part A of H. of today and appear on pages H5987, H5987–88. Rept. 112–200) that promotes innovation and qual- There were no quorum calls. ity in charter schools by adding a priority to states that allow charter school authorizers besides local Adjournment: The House met at 10 a.m. and ad- educational agencies. Pages H6000–01 journed at 7:47 p.m. Rejected: Moore amendment (No. 6 printed in part A of H. Committee Meetings Rept. 112–200) that sought to strike ‘‘governor of a state’’ from the definition of ‘‘state entity’’ on page USDA DAIRY PROGRAMS 20, thus removing Governors’ eligibility to apply for Committee on Agriculture: Subcommittee on Livestock, Federal grant funding to oversee charter school oper- Dairy, and Poultry held a hearing on Agricultural ations in their states. Pages H6001–02 Program Audit: Examination of USDA Dairy Pro- Proceedings Postponed: grams. Testimony was heard from Juan Garcia, Act- Holt amendment (No. 7 printed in part A of H. ing Deputy Administrator for Farm Programs, Farm Rept. 112–200) that seeks to encourage the Secretary Service Agency, Department of Agriculture; and of Education to include a priority for green school Dana Coale, Deputy Administrator for Dairy Pro- building practices in the application for states to en- grams, Agricultural Marketing Service, Department sure that federal investment in charter school facili- of Agriculture. ties would be energy efficient and environmentally friendly and Page H6002 FY 2012 TRANSPORTATION, HOUSING King (IA) amendment (No. 8 printed in part A AND URBAN DEVELOPMENT BILL of H. Rept. 112–200) that seeks to strike subpara- Committee on Appropriations: Subcommittee on Trans- graph (d) of subsection (6) of Sec. (9) which is part portation, Housing and Urban Development held a of the definition of ‘‘high-quality charter schools.’’ markup of the FY 2012 Transportation, Housing

VerDate Mar 15 2010 05:38 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D08SE1.REC D08SEPT1 jbell on DSK7SPTVN1PROD with DIGEST September 8, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D937 and Urban Development Bill. The bill was for- Agriculture’s Rural Development Agency; and pub- warded, as amended. lic witnesses. FUTURE OF NATIONAL DEFENSE AND THE EAST AFRICAN EMERGENCIES U.S. MILITARY TEN YEARS AFTER 9/11 Committee on Foreign Affairs: Subcommittee on Africa, Committee on Armed Services: Full Committee held a Global Health, and Human Rights held a hearing on hearing on the Future of National Defense and the USAID’s Long-Term Strategy for Addressing East U.S. Military Ten Years After 9/11: Perspectives African Emergencies. Testimony was heard from from Former Chairmen of the Joint Chiefs of Staff. Rajakumari Jandhyala, Deputy Assistant Adminis- Testimony was heard from General Richard B. Myers trator, Bureau for Africa, U.S. Agency for Inter- USAF (ret.), former Chairman of the Joint Chiefs of national Development; and public witnesses. Staff; Admiral Edmund P. Giambastiani Jr., USN (ret.), former Vice Chairman of the Joint Chiefs of ATTACKS OF SEPTEMBER 11TH: WHERE Staff; and General Peter Pace USMC (ret.), former ARE WE TODAY Chairman of the Joint Chiefs of Staff. Committee on Homeland Security: Full Committee held DEPARTMENT OF DEFENSE COMPONENT a hearing entitled ‘‘The Attacks of September 11th: AUDIT EFFORTS Where Are We Today.’’ Testimony was heard from Committee on Armed Services: Panel on Defense Finan- Lee Hamilton, former Vice-Chairman, National cial Management and Auditability Reform held a Commission on Terrorist Attacks Upon the United hearing on the Department of Defense component States; Tom J. Ridge, former Secretary of Homeland audit efforts. Testimony was heard from Mary Sally Security; and Eugene L. Dodaro, Comptroller Gen- Matiella, Assistant Secretary of the Army, Financial eral of the United States, GAO. Management and Comptroller; Wesley C. Miller, Di- rector of Resource Management, U.S. Army Corps of LEGISLATIVE MEASURES Engineers; Gladys J. Commons, Assistant Secretary Committee on the Judiciary: Subcommittee on Courts, of the Navy, Financial Management and Comp- Commercial and Administrative Law held a hearing troller; Caral E. Spangler, Assistant Deputy Com- on H.R. 2533, the ‘‘Chapter 11 Bankruptcy Venue mandant (Programs and Resources), U.S. Marine Reform Act of 2011.’’ Testimony was heard from Corps; and Jamie M. Morin, Assistant Secretary of Frank J. Bailey, Chief Judge, Bankruptcy Court for the Air Force, Financial Management and Comp- the District of Massachusetts; and public witnesses. troller. LEGISLATIVE MEASURES MISCELLANEOUS LEGISLATION Committee on the Judiciary: Subcommittee on Immi- Committee on Energy and Commerce: Subcommittee on gration Policy and Enforcement held a hearing on Energy and Power held a hearing on the following H.R. 2847, the ‘‘American Specialty Agriculture legislation: H.R. 2250, the ‘‘EPA Regulatory Relief Act.’’ Testimony was heard from public witnesses. Act of 2011’’; and H.R. 2681, the ‘‘Cement Sector Regulatory Relief Act of 2011.’’ Testimony was CREATING AMERICAN JOBS BY heard from Gina McCarthy, Assistant Administrator, HARNESSING OUR RESOURCES Office of Air and Radiation, EPA; and public wit- nesses. Committee on Natural Resources: Full Committee held a hearing entitled ‘‘Creating American Jobs by Har- FUTURE ROLE OF FHA, RHS AND GNMA IN nessing Our Resources: U.S. Offshore and Renewable THE SINGLE- AND MULTI-FAMILY Energy Production.’’ Testimony was heard from pub- MORTGAGE MARKETS lic witnesses. Committee on Financial Services: Subcommittee on In- surance, Housing and Community Opportunity held EMPOWERING CONSUMERS AND a hearing entitled ‘‘Legislative Proposals to Deter- PROMOTING INNOVATION THROUGH THE mine the Future Role of FHA, RHS and GNMA in SMART GRID the Single- and Multi-Family Mortgage Markets, Committee on Science, Space, and Technology: Sub- Part 2.’’ Testimony was heard from Sen. Isakson; committee on Technology and Innovation held a Carol Galante, Acting Federal Housing Administra- hearing entitled ‘‘Empowering Consumers and Pro- tion Commissioner and Assistant Secretary for Hous- moting Innovation through the Smart Grid.’’ Testi- ing, Department of Housing and Urban Develop- mony was heard from Donna Nelson, Chairman, ment; Tammye Trevino, Administrator, Housing Public Utility Commission of Texas; and public wit- and Community Facilities Programs, Department of nesses.

VerDate Mar 15 2010 05:38 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D08SE1.REC D08SEPT1 jbell on DSK7SPTVN1PROD with DIGEST D938 CONGRESSIONAL RECORD — DAILY DIGEST September 8, 2011

IMPACTS OF THE LIGHTSQUARED tain persons by honoring them with status as vet- NETWORK ON FEDERAL SCIENCE erans under law; H.R. 2349, the ‘‘Veterans’ Benefits ACTIVITIES Training Improvement Act of 2011’’; H.R. 2074, Committee on Science, Space, and Technology: Full Com- the ‘‘Veterans Sexual Assault Prevention Act’’; and mittee held a hearing entitled ‘‘Impacts of the H.R. 1263, to amend the Servicemembers Civil Re- LightSquared Network on Federal Science Activi- lief Act to provide surviving spouses with certain ties.’’ Testimony was heard from Anthony Russo, protections relating to mortgages and mortgage fore- Director, The National Coordination Office for closures. H.R. 1025 was ordered reported without Space-Based Positioning, Navigation, and Timing; amendment. The following were ordered reported, as Mary Glackin, Deputy Under Secretary, National amended: H.R. 2433, H.R. 2646, H.R. 2302, H.R. Oceanic and Atmospheric Administration; Victor 2349, H.R. 2074 and H.R. 1263. Sparrow, Director, Spectrum Policy, Space Commu- REAUTHORIZATION OF THE TEMPORARY nications and Navigation, Space Operations Mission ASSISTANCE FOR NEEDY FAMILIES (TANF) Directorate, NOAA; Peter Appel, Administrator, PROGRAM Research and Innovative Technology Administration, Department of Transportation; David Applegate, As- Committee on Ways and Means: Subcommittee on sociate Director, Natural Hazards, U.S. Geological Human Resources held a hearing on the reauthoriza- Survey; and public witnesses. tion of the Temporary Assistance for Needy Families (TANF) program, including how States engage re- INNOVATIVE APPROACHES TO MEETING cipients in work activities that move them toward THE WORKFORCE NEEDS OF SMALL self-sufficiency. Testimony was heard from Gary BUSINESSES Alexander, Secretary, Pennsylvania Department of Committee on Small Business: Full Committee held a Public Welfare; Kay E. Brown, Director, Education, hearing entitled ‘‘Innovative Approaches to Meeting Workforce, and Income Security, GAO; and public the Workforce Needs of Small Businesses.’’ Testi- witnesses. mony was heard from public witnesses. MISCELLANEOUS MEASURES Joint Meetings Committee on Transportation and Infrastructure: Full BUSINESS MEETING Committee held a markup of the following: H.R. Joint Select Committee on Deficit Reduction: Committee 2594, the ‘‘European Union Emissions Trading adopted its rules of procedure. Scheme Prohibition Act of 2011’’; H.R. 2839, the f ‘‘Piracy Suppression Act of 2011’’; H.R. 2838, the ‘‘Coast Guard and Maritime Transportation Act of COMMITTEE MEETINGS FOR FRIDAY, 2011’’; H.R. 2844, the ‘‘National Women’s History SEPTEMBER 9, 2011 Museum Act of 2011’’; and H.R. 2845, to amend (Committee meetings are open unless otherwise indicated) title 49, United States Code, to provide for enhanced safety and environmental protection in pipeline Senate transportation, to provide for enhanced reliability in No meetings/hearings scheduled. the transportation of the Nation’s energy products by pipeline, and for other purposes. The following House were ordered reported without amendment: H.R. Committee on Armed Services, Subcommittee on Military 2594; H.R. 2839; and H.R. 2844. The following Personnel, hearing on the current status of suicide pre- were ordered reported, as amended: H.R. 2845 and vention programs in the military, 9 a.m., 2212 Rayburn. H.R. 2838. Committee on the Judiciary, Subcommittee on Constitu- tion, hearing entitled ‘‘How Fraud and Abuse in the As- MISCELLANEOUS MEASURES bestos Compensation System Affect Victims, Jobs, the Committee on Veterans’ Affairs: Full Committee held a Economy, and the Legal System.’’ 10 a.m., 2141 Ray- markup of the following: H.R. 2433, the ‘‘Veterans burn. Opportunity to Work Act of 2011’’; H.R. 2646, the Committee on Natural Resources, Subcommittee on Energy and Mineral Resources, hearing entitled ‘‘Impacts to On- ‘‘Veterans Health Care Facilities Capital Improve- shore Jobs, Revenue, and Energy: Review and Status of ment Act of 2011’’; H.R. 2302, to amend title 38, Sec. 390 Categorical Exclusions of the Energy Policy Act United States Code, to direct the Secretary of Vet- of 2005.’’ 10 a.m., 1324 Longworth. erans Affairs to notify Congress of conferences spon- Subcommittee on National Parks, Forests and Public sored by the Department of Veterans Affairs; H.R. Lands, hearing on the following legislation: H.R. 1444, 1025, to amend title 38, United States Code, to rec- to require that hunting activities be a land use in all ognize the service in the reserve components of cer- management plans for Federal land under the jurisdiction

VerDate Mar 15 2010 05:38 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D08SE1.REC D08SEPT1 jbell on DSK7SPTVN1PROD with DIGEST September 8, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D939

of the Secretary of the Interior or the Secretary of Agri- portunities Act’’; and legislation regarding the ‘‘Cabin culture to the extent that such use is not clearly incom- Fee Act of 2011,’’ 10 a.m., 1334 Longworth. patible with the purposes for which the Federal land is Committee on Ways and Means, Full Committee, hearing managed, and for other purposes; legislation regarding on the impact health care consolidation is having on the the ‘‘Recreational Fishing and Hunting Heritage and Op- cost of private health insurance, Medicare spending, and beneficiary costs, 9:30 a.m., 1100 Longworth.

VerDate Mar 15 2010 05:38 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D08SE1.REC D08SEPT1 jbell on DSK7SPTVN1PROD with DIGEST D940 CONGRESSIONAL RECORD — DAILY DIGEST September 8, 2011

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:45 a.m., Friday, September 9 9 a.m., Friday, September 9

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Friday: Consideration of H.R. 1892—In- ing business. telligence Authorization Act for Fiscal Year 2012 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Granger, Kay, Tex., E1557, E1559, E1561, E1563, E1565, McGovern, James P., Mass., E1562 E1566, E1567, E1568, E1569, E1572 Manzullo, Donald A., Ill., E1557 Alexander, Rodney, La., E1559, E1563, E1570 Hastings, Alcee L., Fla., E1569 Miller, Candice S., Mich., E1562 Bass, Charles F., N.H., E1564 Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E1561 Miller, George, Calif., E1569, E1571 Burgess, Michael C., Tex., E1564 Johnson, Sam, Tex., E1567 Moran, James P., Va., E1567 Jones, Walter B., N.C., E1561 Pascrell, Bill, Jr., N.J., E1569 Connolly, Gerald E., Va., E1566, E1571 Kildee, Dale E., Mich., E1558, E1560, E1568, E1571 Pence, Mike, Ind., E1557 Conyers, John, Jr., Mich., E1570 King, Peter T., N.Y., E1564, E1572 Peterson, Collin C., Minn., E1566 Denham, Jeff, Calif., E1570 Kucinich, Dennis J., Ohio, E1558, E1559, E1561, E1564, Poe, Ted, Tex., E1558 Doyle, Michael F., Pa., E1559 E1565, E1566, E1567, E1568, E1570, E1572 Quigley, Mike, Ill., E1568 Farr, Sam, Calif., E1557 Lipinski, Daniel, Ill., E1557 Richardson, Laura, Calif., E1565 Frank, Barney, Mass., E1559 McCollum, Betty, Minn., E1565 Woolsey, Lynn C., Calif., E1566, E1568, E1571

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through the U.S. Government Printing Office at www.fdsys.gov, free of charge to the user. The information is updated online each day the Congressional Record is published. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202–512–1800, or 866–512–1800 (toll-free). E-Mail, [email protected]. ¶ The Congressional Record paper and 24x microfiche edition will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 per year, or purchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable in advance; microfiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197–9000, or phone orders to 866–512–1800 (toll-free), 202–512–1800 (D.C. area), or fax to 202–512–2104. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Mar 15 2010 05:38 Sep 09, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0664 Sfmt 0664 E:\CR\FM\D08SE1.REC D08SEPT1 jbell on DSK7SPTVN1PROD with DIGEST