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

Vol. 158 WASHINGTON, WEDNESDAY, JULY 11, 2012 No. 103 House of Representatives The House met at 10 a.m. and was The name of the pipeline is Gasoducto. Not one. Actually, they dis- called to order by the Speaker. Gasoducto, and the horror story start- carded it and called it unviable. f ed in 2010. About all that has been Finally, the people of Puerto Rico missing from the script is bad music MORNING-HOUR DEBATE thought the monster must be dead. Fi- and vampires. The story has featured nally, we can stop sending tax dollars The SPEAKER. Pursuant to the the Puerto Rican people’s tax dollars, to connected government insiders, we order of the House of January 17, 2012, as much as $100 million of them, paid can stop worrying about our environ- the Chair will now recognize Members to consultants and lobbyists hired by ment, we can stop wondering where in from lists submitted by the majority the government, including close friends the world the natural gas for a billion and minority leaders for morning-hour and allies of the Governor and his rul- dollar pipeline will actually come debate. ing party. from. But that’s not how horror movies The Chair will alternate recognition It’s featured the government hiring a work. between the parties, with each party consulting team of former high-rank- limited to 1 hour and each Member Last week, the Governor was quoted ing Army Corps of Engineer employees in the press as saying Gasoducto was other than the majority and minority based in Florida. The consultants leaders and the minority whip limited still alive. Why? Because the Governor magically convinced the Army Corps to of Puerto Rico claims that the Assist- to 5 minutes each, but in no event shall take review of the project away from debate continue beyond 11:50 a.m. ant Secretary of the Army, who over- the local San Juan, Puerto Rico, office. sees the Army Corps of Engineers, has f Where did they move it to? Surprise— asked him personally not to withdraw GASODUCTO to Florida, right down the road from the Gasoducto application. Assistant The SPEAKER. The Chair recognizes where the consultants live and used to Secretary Darcy wants him, the Gov- the gentleman from Illinois (Mr. work. ernor, to wait a while before pulling It has featured ever-increasing cost GUTIERREZ) for 5 minutes. the plug, which is already on life sup- Mr. GUTIERREZ. Mr. Speaker, we’ve estimates of the project, ballooning to port for this monster. nearly $1 billion. It has featured huge all seen bad horror movies, the ones Personally, I find this hard to be- where every time you think it’s safe to protests and marches by the Puerto Rican people against the pipeline and lieve. I don’t know why an Assistant relax and take a deep breath, the mon- Secretary of the Army would want to ster is right behind the door. You know public opinion polls showing three- quarters of the people strongly opposed keep a monster alive that is an the drill. No matter how hard the teen- unneeded, unwanted insider boondoggle agers in the basement or the swimmers to the project. It has featured power supply experts that isn’t even wanted by the regime in the lake or the hikers in the wood that proposed it in the first place. But try to get away, the creature just can’t who studied the government plan and noticed one important flaw. Just as I’ve written to find out, is it true and be stopped. how could this be? Well, the people of Puerto Rico are Casa Pueblo, countless technical ex- stuck in their very own horror movie, perts, environmentalists, scientists, I expect answers, just like I expect one that just won’t end, and one with a and I have insisted to the Army Corps answers on my ongoing request to the villain that just won’t go away, except all along, the only current source of Army about how the Army Corps of En- the villain isn’t a guy wearing a hock- natural gas supply available for this gineers has handled this application ey mask or carrying a chain saw. The project in Puerto Rico was too small and why the review was moved away villain is a bunch of government insid- for a pipeline to even work. from their employees in Puerto Rico ers, and the horror story is about their And finally, it even featured—after and closer to a bunch of consultants desire to build a huge gas pipeline. tens of millions of dollars spent—the who used to head their office in Flor- It’s a pipeline that the people of Governor appointing his own commis- ida. Puerto Rico don’t want, that experts sion to make recommendations about When it comes to Gasoducto, enough have said that Puerto Rico doesn’t how Puerto Rico can make better use is enough. Like in most bad monster need, and environmentalists have testi- of natural gas to meet its energy needs. movies, Gasoducto has been almost im- fied will destroy the natural beauty of The commission, appointed by the possible to believe from the very first thousands of acres on the island. And very Governor who dreamt up the scene, a silly, unnecessary waste of this might be the scariest part. It’s a Gasoducto plan, made three rec- time and money. It’s time to roll the pipeline that Puerto Rico doesn’t even ommendations. None of them—I re- credits and declare this monster dead have enough natural gas to operate. peat—none of them included once and for all.

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.

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VerDate Mar 15 2010 23:33 Jul 11, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JY7.000 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4778 CONGRESSIONAL RECORD — HOUSE July 11, 2012 IN MEMORY OF MAERSK Maersk Line, Limited will be ready to serve stopped, but we make the next fire MCKINNEY MOLLER anytime should that be desired. worse by suppressing nature’s natural The SPEAKER pro tempore (Mr. Mr. Moller stepped down as CEO in fire cycle until there’s so much fuel in FARENTHOLD). The Chair recognizes the 1993, but remained chairman of the AP the forest that the inevitable next fire gentleman from North Carolina (Mr. Moller Group until 2003. Even through burns longer and more furiously, put- COBLE) for 5 minutes. the last few months of his life, how- ting more at risk. Mr. COBLE. Mr. Speaker, I stand ever, Mr. Moller went to work every The more people who are permitted or even encouraged to build homes and today to honor the legacy and achieve- day, walking up five flights of stairs to live in an area that cannot be defended ments of one of the greatest friends his office. is a prescription for disaster. It’s an ex- America has ever known, Mr. Maersk Through his vision and leadership, ample of political malpractice, a head- McKinney Moller, who died recently at Mr. Moller built the largest container in-the-sand attitude that many today the age of 98 in his home country of shipping company in the world, but in this Chamber have regarding cli- Denmark. Mr. Moller, whom I’ve never abandoned his love and apprecia- mate change, rising sea level and known personally for more than 2 dec- tion for the United States and its peo- weather instability, which are all com- ades, was a Dane and an American by ple. Over 70 years, he personally cul- pletely predictable, foreseen con- virtue of his American mother, a loyal tivated and sustained a valuable part- sequences of carbon pollution. husband, a doting father, a brilliant nership with the United States, one that continues to support and advance It’s being played out in a variety of businessman, and a leading figure in areas. We’re watching oceans become the development of the modern our commercial and national security interests around the world. more acidic, bleaching and killing globalized marketplace. coral reefs, which are the rain forests I initially met Mr. Moller, Mr. Finally, Mr. Moller was a citizen of Denmark, indeed, the world; but he of the sea. Shouldn’t we be doing some- Speaker, in his Copenhagen office. We thing to try and prevent it? spoke for 35 to 40 minutes, and it be- will always have a special place of re- spect, admiration, and appreciation On the land, it’s becoming clear what came apparent to me that I was in the warming will mean to our communities presence of a truly great man. from the people and the Government of the United States. with more instability, hotter tempera- Mr. Moller loved America. It is no co- tures, heavier precipitation events, incidence that his company’s U.S. flag f 23,383 all-time heat records set this business unit, Maersk Line, Limited, CLIMATE CHANGE year. owns and operates the largest U.S. flag The SPEAKER pro tempore. The The worst example of government re- fleet of vessels serving our military Chair recognizes the gentleman from sponse, I think, is legislation in North today. In fact, these U.S. flag vessels Carolina, and it’s already passed the Oregon (Mr. BLUMENAUER) for 5 min- employ more American mariners and utes. State senate and is working its way have delivered more of the critical ma- Mr. BLUMENAUER. Mr. Speaker, in through, that would prevent the State terial to supply U.S. troops in the Iraq this time of extreme weather events, and local governments from planning and Afghanistan conflicts than any our hearts go out to victims of the based on the best scientific evidence other carrier. And the same is true of storms, wildfires, power outages, tor- about the accelerating pace of sea level humanitarian aid and every other cat- rential downpours, the winds, trees increase. egory of government-impelled cargo In Congress, it’s notable that one of crashing into homes. It makes our carried by U.S. flag commercial ves- our major parties has firm opposition hearts ache, thinking of the suffering sels. Maersk McKinney Moller believed to even using the words ‘‘climate of hundreds of thousands of people in in the mission and basic goodness of change,’’ let alone plan for or prevent sweltering heat without electricity. it happening. It’s not an energy policy America, and he demonstrated that be- Beyond our shores, we see this ex- to promote more carbon pollution and lief throughout his life. treme weather is global in scale, such lavish support for old fossil fuel tech- Mr. Moller, Mr. Speaker, was born in as the flash floods that killed hundreds nology, nor to claim climate science is Denmark in 1913. He grew up in the in Russia this last week. We must a hoax. shipping industry that his father, Ar- pause, shudder, and feel sadness for nold Peter Moller, had started in 1904. That’s the mindset that puts at risk those families. replacement of a vitally needed sat- In 1940, after the occupation of Den- For many, the instinct is to help peo- mark by Nazi troops, all the company’s ellite providing climate data. With all ple resettle, rebuild, and reconnect. the ominous signs, horrific events and vessels in international waters were or- But the Nation’s elected leaders should dered to neutral ports and a third of high stakes, how can we, as policy- do more than comfort those in distress makers, not at least give weight to the the fleet sought refuge in ports con- and try to help people recover. As pol- trolled by the United States. advice of the vast majority of sci- icymakers, shouldn’t we act to try and entists. b 1010 prevent the next catastrophe? I’ll tell you, this current generation Mr. Moller traveled to New York Some of this is relatively simple and of politicians will be asked by their soon after the occupation and ran the straightforward, even if potentially grandchildren what could you possibly operations from there through 1947. controversial. Don’t relocate people have been thinking. Indeed, I’ll wager Allied forces requisitioned the right back in the same flame or flood that some of today’s policymakers, Maersk fleet and most were subse- zone. We know they’ll be ravaged by even the most obtuse and dogmatic, quently lost to German U-boats in the fire and flood. At a minimum, we will live long enough to regret their most devastating loss of merchant shouldn’t have the Federal Govern- hostility to science and their short- mariner life in history. At the conclu- ment pay to put people right back in sighted devotion to politics of the mo- sion of the war, Mr. Moller returned to harm’s way. ment over the future of the planet and Denmark and continued building a This discussion is part of flood insur- their very families. global business empire, becoming CEO ance reform and national disaster pol- They are like King Canute, who or- of the group in 1965. icy that I personally have been work- dered the tide not to come in until it In 1991, Mr. Moller wrote a letter to ing on for decades. We have made some washed over his feet. Unlike King then-U.S. Secretary of Defense Dick progress, but not nearly what we Canute, today’s policymakers could do Cheney highlighting the longstanding should. something about it. You would think we would stop mak- connections between America and f Maersk. Among other matters in the ing it worse, yet we allow more and HEALTH TAX letter, Mr. Moller wrote: more people to move into the flame zone seeking to live with nature, and Maersk is, and has always been, a strong The SPEAKER pro tempore. The advocate for uninhibited free trade and the these people then expect government Chair recognizes the gentleman from principles of freedom consistently enun- to prevent nature from doing what it’s Virginia (Mr. FORBES) for 5 minutes. ciated by the United States and Denmark. done for eons. In most cases, the fires Mr. FORBES. Mr. Speaker, several Our entire organization, and especially in these areas not only cannot be days ago I was one of only a handful of

VerDate Mar 15 2010 23:33 Jul 11, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.002 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4779 Members of Congress who actually sat the majority in January of 2011 was to pean markets. Before the July 4 holi- in the Supreme Court and listened to repeal the health care insurance reform day, we achieved a rare feat for this five Justices debate and say that they law in its entirety. That bill passed out Congress in passing a bipartisan reau- believed that the President’s health of the House on a virtual party-line thorization of the transportation bill, tax was constitutional, and I watched vote, so you’d think Republicans would giving a much-needed jolt to the con- them debate the four Justices who be- move on to the real challenges facing struction sector. But we can and lieved it was not constitutional. our economy like unemployment and should do more to spur hiring in the al- Because one more Justice believed it the expiration of individual and busi- ternative energy sector, manufac- was constitutional than the four that ness tax cuts. turing, health care, and more. But in- believed it was not constitutional, our In the face of the Supreme Court rul- stead of focusing on jobs, which they friends on the other side of the aisle be- ing declaring important health insur- claimed in the last election was their lieve that we should now step back and ance protections in the Affordable Care focus, Republicans are creating a sense do nothing and just allow this health Act constitutional, House Republicans of deja vu all over again on the floor by tax to be imposed on the American peo- are not repealing that earlier vote but staging a repeat of the health care re- ple. instead setting up a repeat of it. They form. Well, we reject that suggestion, and have become so ideologically immov- Lost in this political pandering is the the reason we do is because today the able that they can think of no more fact that the Affordable Care Act is ac- number one issue in the American peo- constructive solution than to simply tually working. Seniors who fall in the ple’s minds is the economy, and the replay this bit of political theater. prescription drug doughnut hole are number one concern we have about the Meanwhile, 56 percent of Americans saving an average of $651 this year economy is the loss of their jobs. Yet say it’s time to move on to the true alone. Almost 13 million Americans are we have watched as this administra- pressing challenges facing our Nation, eligible for rebates averaging $151 from tion has had 41 straight months of un- according to a Kaiser Family Founda- their insurance companies, thanks to employment in excess of 8 percent. tion poll. A quick review of those chal- new requirements in the bill. Pre- We have watched as their policies lenges shows that this Republican miums for Medicare Advantage are have delivered us a net loss of 473,000 House majority has not even tried to down 7 percent for the first time ever jobs, and we are about to unleash three address them. and benefits are up and enrollment is enormous job killers on the American Let’s start with the very real threat up 10 percent. Medicare is on track to public. In just a few months, we will in- of expiring tax cuts creating a drag on save $200 billion by 2016, pursuant to crease taxes on the American people if our economy. There are a number of al- the act, without one benefit being we refuse to extend the Bush tax cuts, ready expired and expiring tax cuts, in- cut—in fact, benefits improving. which will cost thousands of jobs. Yet cluding the alternative minimum tax Mr. Speaker, the House majority is our friends on the other side of the patch, which could affect 34 million selectively ignoring those improve- aisle say we should step back and do Americans. Then there’s the payroll ments to justify this repeat of its re- nothing, and we reject that notion. tax cut affecting 160 million Americans peal vote. With so much to do—with In just a few months, based on legis- and numerous businesses, including the American businesses and families wait- lation this President approved and Bush tax cuts, which expire later this ing for tax predictability, with the signed into law, we will have massive year. All combined, the expiration of economy bracing for the impending fis- defense cuts that his own Secretary of those tax cuts could add up to a $4,000 cal cliff, with almost 4 million people Defense says will cost us 1.5 million per household bill on Americans. So still searching for employment—House jobs, and our friends on the other side far, House Republicans haven’t felt the Republicans are still offering more of of the aisle say we should do nothing urgency to hold a single vote to extend the same. And sadly, it’s not enough. and just let that come on the American any of those tax cuts. Americans need real solutions to real people. We reject that notion. How about the Medicare doc fix? If problems. Let’s get on with them. Finally, Mr. Speaker, as this health Congress doesn’t extend the sustain- f able growth rate patch, Medicare and tax gets ready to be imposed on the HIGH-LEVEL NUCLEAR WASTE American people, based on the Congres- TRICARE doctors will see more than a sional Budget Office, it will cost 800,000 27 percent cut in their reimbursements, The SPEAKER pro tempore. The jobs. Yet our friends on the other side causing many of them to stop seeing Chair recognizes the gentleman from of the aisle say we should take no ac- patients. Millions of seniors and mili- Illinois (Mr. SHIMKUS) for 5 minutes. tion and just let it happen. We reject tary members and retirees could lose Mr. SHIMKUS. Mr. Speaker, I come that notion. access to their doctors. But not a sin- back on the floor as I have almost The reason we reject it is because the gle vote has been proposed by the Re- weekly throughout this entire Con- American people realize that as we publicans to stop that from happening. gress for 2 years to talk about the issue take an action to repeal this health Then there’s the debt ceiling. With- of high-level nuclear waste and what tax, we are setting a new course for out action, the Nation will once again are we to do about it. And I really ap- health care in America. As we set a risk breaching its statutory limit, trig- plaud my colleagues who joined me on new course for health care in America, gering a historic default. Last summer, June 6, 2012, on an amendment to a we begin to do what the American peo- we achieved a bipartisan agreement to spending bill. It was a bipartisan vote; ple want us to do and set a new course raise that ceiling and lower the deficit 326 Members of Congress supported fin- and a new direction for America. at the same time, warding off the cata- ishing the scientific study on Yucca clysmic effects of default, but not be- Mountain. That’s the money that we f fore House Republicans pushed us to had appropriated and that Senator b 1020 the brink, resulting in the first time REID and President Obama did not ever a downgrading of U.S. credit. The spend for the scientific study. Then, in AMERICANS NEED REAL American people don’t want a repeat of the last two cycles, Senator REID has SOLUTIONS TO REAL PROBLEMS that sad chapter in our history, and been blocking additional money for fin- The SPEAKER pro tempore. The our economy certainly cannot afford it. ishing the scientific study. So 226 Re- Chair recognizes the gentleman from Ronald Reagan knew the value of en- publicans and 98 Democrats joined me Virginia (Mr. CONNOLLY) for 5 minutes. suring America fulfilled its commit- to really stress the point that we’ve Mr. CONNOLLY of Virginia. Boy, my ments. He raised the debt ceiling 18 got to finish this. friend from Virginia could not be more times with no conditionality. Yucca Mountain started in 1982 with wrong. What about a comprehensive jobs the Nuclear Waste Policy Act. It was What exactly are the House Repub- bill? After 27 straight months of pri- the defined location—it is the defined licans trying to accomplish with to- vate sector job growth, cleaning up the location—under current law under the day’s 31st repeal vote of health care? mess President Obama inherited, the amendments passed in 1987. To not ful- One of the first votes Republicans base of U.S. job creation has begun to fill and not to move forward is, in my brought to the floor when they became slow in the wake of instability in Euro- estimation, breaking the law of the

VerDate Mar 15 2010 23:33 Jul 11, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.004 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4780 CONGRESSIONAL RECORD — HOUSE July 11, 2012 land. And who’s complicit in this is our are the largest nuclear-generating It is time that we all move forward. friends on the other side and the Presi- State in the country. We have six loca- It is time that we work together. It is dent of the United States. tions, 11 reactors. Some are right on time to make this Affordable Care Act Now, how does that affect the rest of Lake Michigan, Wisconsin; nuclear work for the American people. the Nation and the Senators involved power plants right on Lake Michigan, f and Members involved? Well, we com- Michigan; nuclear power plants right pare the current site of Yucca Moun- on Lake Michigan. Would you rather GOVERNMENT BY CONSENT OF tain to where nuclear waste is located have high-level nuclear waste in the THE GOVERNED around this country. Yucca Mountain desert underneath a mountain or would The SPEAKER pro tempore. The currently has no nuclear waste on-site. you rather have it next to Lake Michi- Chair recognizes the gentleman from We’ve already spent $15 million over 20 gan or 50 miles from Yellowstone Na- Michigan (Mr. WALBERG) for 5 minutes. years trying to finish this project. It tional Park? I think the answer is sim- Mr. WALBERG. Mr. Speaker, despite would be stored a thousand feet under- ple. talk of political gridlock in D.C., Re- ground, it would be a thousand feet This has become politicized because publicans and Democrats can agree on above the water table, and it would be of the Majority Leader of the Senate at least one thing—the economy is in a hundred miles from the Colorado and his partner in crime, the President rough shape. For the past 41 months, River. of the United States. It’s time for us to the unemployment rate has not gone Well, let’s look at where we have nu- move on good public policy: identify, below 8 percent, causing worry, uncer- clear waste, and nuclear waste is de- centrally locate, and store high-level tainty, and frustration for many fami- fined by a lot of different titles. Some nuclear waste underneath a mountain lies living in Michigan and across the is just spent fuels from nuclear utili- in a desert. U.S. But unfortunately, things can still ties. A lot of our nuclear waste is de- get worse. f fense waste: reprocessed, weaponized It’s time for President Obama and uranium or the chemicals needed to ef- b 1030 the Senate to stop pushing their failed fect that. THE AFFORDABLE CARE ACT agendas and start applying common- So we have a Department of Energy sense policies that work. My Repub- The SPEAKER pro tempore. The location at Idaho National Labs. How lican colleagues and I in the House Chair recognizes the gentlewoman from much waste is in Idaho right now? have been listening to the American Wisconsin (Ms. BALDWIN) for 5 minutes. We’ve got 5,090 canisters on-site. Waste people and remain committed to poli- Ms. BALDWIN. Mr. Speaker, thanks is stored above the ground and in pools. cies that spur job creation, reduce to the Affordable Care Act, roughly 17 Waste is 500 feet above the water table costs, and restore power back to the million American children with pre- and waste is 50 miles from Yellowstone people. existing medical conditions can no National Park, a major tourist destina- Last month’s employment report longer be discriminated against and be tion for many of our citizens through- showed that millions of Americans still denied health insurance by insurance out this country. are without a job and the unemploy- This is a Senate issue, really, and not companies. And yet, rather than focus ment rate is stuck at 8.2 percent. a House issue anymore since the House on the key tasks of creating jobs and Meanwhile, the anemic job growth is is on record, especially with this vote strengthening the middle class in even worse in my district where some this year of 326 of our colleagues in America, my Republican colleagues areas show an unemployment rate of support. Where are the Senators? The want to tear up the health care law. over 9 percent. Nationwide, the rate of last time I came down to the floor, I They want to rip up the independent ‘‘real unemployment,’’ which includes talked about the State of Missouri and decision by our Supreme Court, by Jus- the unemployed, the underemployed, Senator MCCASKILL, who is undecided tices appointed by Presidents of both and those that want to work but have after being a U.S. Senator for 51⁄2 years. parties, finding the Affordable Care Act given up looking, now totals 14.9 per- Well, now I turn to Montana, who’s a is on firm constitutional footing, and cent. Making matters worse, the num- neighbor to Idaho, and another unde- they want to start all over again, put- ber of weeks it takes a worker to find cided Senator, Senator JON TESTER. ting the coverage of those millions of a job has more than doubled since Can you imagine being a U.S. Senator children I just spoke about at risk. President Obama took office. Is this This vote is personal. Health care is for 51⁄2 years, having nuclear waste in hope and change? the State next to you and never having personal. When I was 9, I had a serious But it’s not just the unemployment a position on what do we do with the childhood illness. I spent 3 months in numbers which paint a grim picture of final position on nuclear waste, wheth- the hospital. My grandparents, who our economy. Government spending is er it’s nuclear waste in spent fuel or were raising me, found out that their out of control. With 84 days left in the whether it’s nuclear waste in our de- family insurance didn’t cover me. They fiscal year, the government has already fense industry? made great sacrifices to help pay for spent its way into another $1 trillion A place like Hanford, Washington, my care. But if that weren’t enough, deficit. Despite this out-of-control where we have millions of gallons of when my grandparents then looked for spending, the Senate hasn’t bothered toxic nuclear waste that’s designed to insurance that would cover me, they to pass a budget in more than 3 years. go to Yucca Mountain, couldn’t a U.S. couldn’t find coverage at any price. I Since that time, the Federal Govern- Senator in 51⁄2 years say, I think yes, or was considered one of those kids with a ment has added more than $4 trillion to I think no? Why is that important? preexisting medical condition, never our national debt. You look at the total tally of what mind that I had fully recovered from Families and businesses in my dis- we’ve done over the past year and a my illness. No child should ever be de- trict and across the country know that half trying to identify where Senators nied coverage for that reason. they can’t spend more than they make, stand. We have 55 Senators who sup- I grew up believing that no family which is why they create budgets and port moving forward on Yucca Moun- should have to go through what ours why they sometimes have to make tain. We have 22 question marks, one of did. Parents or grandparents shouldn’t tough choices to prevent them from them being Senator TESTER from Mon- have to worry, shouldn’t have to lay drowning in debt. They get it, but tana. And then we have 23 identified awake at night worrying about wheth- sadly, their President and Senate still ‘‘no’’ votes. Really, to close debate, er they can provide for a sick child or refuse to look at the facts. based upon the Senate rules, you need whether an illness might bankrupt But they also refuse to listen to the 60. If we can move Senator MCCASKILL their family. American people. According to the and Senator TESTER, that brings us to Families now know that insurance polls, Americans, and especially those 57 Senators and really a game-changing companies can’t discriminate against in my district, are angry about having position to resolve this issue of high- their children based on a preexisting a government takeover of health care level nuclear waste, which is pretty condition. Turning back the clock so and the largest tax increase in history. much throughout the country. insurance companies can, once again, Health care coverage is already too ex- In my own State, my colleagues here deny children access to care is simply pensive for many families in my dis- on the floor in the State of Illinois, we wrong. trict, and this health care takeover

VerDate Mar 15 2010 23:33 Jul 11, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.006 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4781 will not only make it more expensive, ruling by terror throughout Afghani- gone to people in need were sent by but put Federal bureaucracy between stan. government to those who didn’t de- them and their doctor. On top of that, I’m not saying that ending the war serve any money. You see, not all pay- it will hinder job creators from hiring and bringing our troops home will sta- ments are to honest people who are by requiring them to either offer costly bilize Afghanistan overnight. But I am looking for jobs and are out of work. government-mandated health insur- saying that the longer we continue Inmate Greminger’s case is bad, but ance or pay a steep fine. with our military occupation, the more there’s more. So far, my colleagues and I in the we breathe life into the very forces A convicted killer, murderer, in a House have taken 30 floor votes to re- we’re trying to defeat. It is the resent- California prison was receiving at least peal, defund, and dismantle the law. ment of our boots on the ground that is $30,000 in unemployment checks. The After it’s gone, we can start over with helping to sustain the Taliban. murderer made sure that his family commonsense reforms that will return There are clearly urgent humani- and his friends cashed his checks while choices to the patients and not burden tarian needs in Afghanistan, Mr. he was locked up. So each month, his job creators with higher costs, new reg- Speaker, and we have a moral responsi- family fraudulently cashed his $1,600 ulations, and more uncertainty. bility to help meet them. check, which they would then deposit It’s obvious to the American people b 1040 in his jail bank account. Guess where it that the President’s policies are failing went next, Mr. Speaker? He shared the This is one of the poorest nations on and making the economy worse. In- jail money with some of his low-life Earth, with infrastructure needs, chil- stead, they want the government to prison gang members while he was in dren who need schools, and malnutri- stop taxing them more, stop creating the joint. tion that must be addressed. But de- new harmful regulations, and stop There’s more. ploying thousands and thousands of coming between them and their doctor. The Federal Government reportedly House Republicans have been listen- troops for more than a decade is not the way to meet these challenges. Our sent a man $515,000 in payments over 37 ing. That’s why we will continue to years—37 years, Mr. Speaker—because work on repealing this unfavorable and military is not trained or equipped to do that kind of work. he was supposedly unemployed. Thirty- costly health care law. It’s why we al- seven years of unemployment benefits ready put forth a balanced, responsible For pennies on the dollar, Mr. Speak- er, we can have a true civilian surge, for anyone is nonsense to me, but who budget, and it’s why we put together a exactly were they sending that money plan for America’s job creators to cre- investing in development aid to im- prove the lives of the Afghan people. to in this case? A dead person who died ate an environment in which small 40 years ago. No wonder he wasn’t businesses can grow and hire and where We could give USAID a fraction of the $10 billion a month we spend on the working, Mr. Speaker; he wasn’t health care is affordable again. around. Currently, there are 27 bipartisan war in Afghanistan and we could do a We count on our government to jobs bills that have been passed by the world of good. This approach isn’t just spend our tax dollars wisely, but it is House and are languishing in the Dem- the right thing to do, it isn’t just a inefficiently sending money to those ocrat-controlled Senate. My hope is moral imperative, it’s the SMART na- not qualified to obtain taxpayer sup- that the President and Senate stop tional security strategy as well. port—prison inmates and dead people. talking to the American people and On the other hand, the existing strat- start listening to them. egy of invasion and occupation has not Fourteen billion dollars is a lot of money in anybody’s book. In the pri- f served us well. The Afghanistan war has cost us dearly—in precious lives, in vate sector, if a business misappro- THE AFGHANISTAN WAR: COSTING taxpayer dollars, in moral authority, priated $14 billion, the people in charge US DEARLY and global credibility. It is under- would be fired or go to jail, but not so The SPEAKER pro tempore. The mining our national security interests with government agencies. These over- Chair recognizes the gentlewoman from instead of advancing them. payments and wasteful incompetent California (Ms. WOOLSEY) for 5 min- Mr. Speaker, it’s time to do the spending really don’t shock or surprise utes. smart thing—bring our troops home Americans anymore at all. There’s so Ms. WOOLSEY. Another day, Mr. and, in return, invest in the hopes and much waste of taxpayer money that we Speaker, another wave of attacks by future of the Afghan people—and do it have become accustomed to it, and we insurgents in Afghanistan. The New now. actually expect government to waste money—too big, too wasteful, too in- York Times reported yesterday that f the Taliban killed five police officers competent, and too inefficient. with a roadside bomb in what it calls GOVERNMENT INCOMPETENCE But the real problem is not waste, ‘‘a relatively peaceful province’’ in cen- The SPEAKER pro tempore. The but the size and inefficiency of govern- tral Afghanistan. Chair recognizes the gentleman from ment. We’re moving to a society that is Separate attacks in Kandahar led to Texas (Mr. POE) for 5 minutes. just another European nanny state, the deaths of three officers, with six ci- Mr. POE of Texas. Mr. Speaker, Indi- where government is bigger, bloated, vilians wounded. A motorcycle bomb ana prison inmate Ryan Greminger col- and controlling. The government says took the lives of several more people in lected unemployment benefits during it will provide all our needs if we just Helmand province on Sunday night, his 2-year sentence in the county jail turn over more power, authority, and and then yet another motorcycle bomb for a drug crime. He collected $14,000 of money to government and government in northern Afghanistan on Monday, taxpayer money. He was in jail, and agencies. wounding 26, with 10 in critical condi- the government continued to pay him Mr. Speaker, does anybody ever real- tion. And a deeply disturbing video is anyway. ly get warm fuzzies when we hear making its way around the Internet Only in America would we pay people about government programs like the showing a 22-year-old Afghan woman in jail because they are unemployed. post office, FEMA, the IRS, or TSA? I being brutally executed by the Taliban Greminger should not have obtained don’t think so. Government doesn’t do over accusations of adultery. money from honest American tax- things better; it does things more ex- Almost 11 years after our military payers, but he did. pensively and wastefully. And govern- occupation began, the security situa- Government is becoming incom- ment promotes a concept of more de- tion in Afghanistan is clearly abysmal. petent when it comes to paying unem- pendence on government, not independ- Our troops are in danger, Afghan secu- ployment benefits. According to CNN, ence. rity forces are in danger, and innocent the Federal Government overpaid $14 We in Congress need to realize the civilians are in danger. Nearly 11 years billion in unemployment benefits just obvious—that unlimited, out-of-control ago, we went to war with the goal of last year. That means 11 percent of all government is not the answer to our defeating the Taliban, and yet the jobless benefits paid out were not sup- problems. But until we get a grip on Taliban is alive and well, winning re- posed to be paid to those individuals. government and move to a constitu- cruits, operating in the shadows, and Those overpayments that should have tional concept of limited government,

VerDate Mar 15 2010 23:33 Jul 11, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.007 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4782 CONGRESSIONAL RECORD — HOUSE July 11, 2012 we should expect and demand more ac- just 5–4. Bush v. Gore was 5–4. We ac- One of the most misleading argu- countability from the people that are cepted that the person who got the ments by my colleagues concerns that in charge of the people’s money. least votes and lost Florida was Presi- penalty that will be assessed on those With hard economic times affecting dent of the United States for 8 years, financially-able Americans who choose the unemployed, we cannot tolerate but the consequences we still have to not to purchase insurance, thereby not wasteful spending by government bu- face. taking responsibility for their health reaucracies. With 8.5 percent unem- The Affordable Care Act is the law of care. Responsibility. That’s one of the ployment nationwide, 11 percent in the the land. As a result, millions of Amer- keynotes of the Republican side. Hispanic community, 14 percent in the icans who were previously uninsured or But if an uninsured person in my dis- African American community, 14 per- underinsured have access to affordable, trict gets into a car accident or comes cent for returning military from Iraq high-quality health care. In fact, the down with an aggressive illness, and Afghanistan, and 50 percent unem- number of Americans uninsured is they’re taken to a public hospital in ployment for recent college graduates, equal to the population of 25 of the 50 Memphis called The MED. The MED we should demand that when govern- States. treats everybody because they have to, ment helps those we as a society say it Thanks to the Affordable Care Act, and when The MED takes cares of should help, government does so prop- millions of Americans and small busi- those people, the property owners, the erly and efficiently and in a dignified nesses have already benefited from responsible people, pay for it through way. Otherwise, more dead people will lower health care costs, increased ac- higher property taxes, or you pay for it continue to receive taxpayer money cess to preventive care, and stronger with your insurance, if you have it, be- that should go to people that are at patient protections. cause it’s uncompensated care if you go least alive. Thanks to the Affordable Care Act, to a non-public hospital. And that’s just the way it is. 12.8 million families will receive re- The time and effort put in by nurses f bates that total over $1 billion from in- and doctors and assistants at The MED surers next month, in August, because aren’t free. The medical devices and AFFORDABLE CARE ACT REPEAL the law requires companies to provide supplies that The MED used to treat EFFORTS value for their premium dollar. Never those uninsured people aren’t free. The SPEAKER pro tempore. The before has that happened. Every single resident of Shelby County Chair recognizes the gentleman from Community health centers in my dis- pays for those services when a person Tennessee (Mr. COHEN) for 5 minutes. trict have received over $10 million to seeks emergency services there, and Mr. COHEN. Mr. Speaker, the pas- deliver health care services to under- the taxes go up. sage and implementation of the Afford- served and impoverished Memphians, People who choose not to buy insur- able Care Act is the culmination of an and 170,000 households in my district ance for themselves and their families, American political journey that start- will get a premium credit so they can even with the Federal Government pro- ed a century ago with Teddy Roosevelt afford quality health insurance cov- viding incentives and credits, are irre- in 1912 with the Bull Moose Party—also erage. sponsible free riders, and it’s the free a Republican—and picked up years Women no longer are considered a riders that the other side’s trying to later by Harry Truman and other preexisting condition, and insurance talk about, not the conscientious and Presidents, including Richard Nixon, companies can’t charge them more, responsible people who take control of another Republican. The most recent which they did, by 40 percent. their own lives and their own destinies. groundwork for reform was laid in part Medicare beneficiaries now have ac- Not taking responsibility for the by the former Republican Presidential cess to preventive care and services health of yourself and your family is candidate, Robert Dole, as an alter- without any copay. reckless. The free riders have been a native to Hillary Clinton’s plan, and by And 64,000 people in my district will burden on our national health care sys- the present Republican Presidential go from uninsured to insured. tem for far too long, and it’s time they nominee, Mitt Romney. I commend 32.5 million seniors nationwide re- take responsibility for their actions them for championing the concept of ceived one or more preventive care and their health. This penalty, which the individual mandate back when it treatments in 2011. will be equal to no more than the esti- wasn’t quite as unpopular on their side The doughnut hole is being closed; 50 mated cost of an insurance premium, is of the aisle. percent discounts on covered brand- the way we do it. The history of reforming our Na- name generics. It’s long past time we implement the tion’s health care system is a strong Annual and lifetime caps on health health reform initiated by Teddy Roo- one that has historically been cham- care coverage are now illegal, meaning sevelt and championed by people of pioned by lawmakers on both sides of insurance companies can’t kick you off both parties. It’s time Americans real- the political spectrum, until this Con- the plan just because you get cancer or ize and take advantage of their right to gress. My colleagues on the other side are in an accident or have a heart at- quality healthcare. And it’s long past of the aisle have wasted hours upon tack. time my colleagues stop playing par- hours debating and voting upon the Our children are now protected be- tisan politics and start working on be- various versions of the legislation that cause insurers are prevented from de- half of the American people, not giant would repeal the Affordable Care Act. nying coverage to children under 19 for corporations, once again. My colleagues know that these ini- preexisting conditions. This means up f tiatives are fruitless. They know that to 17 million children with preexisting STARTUP ACT 2.0 voting over and over and over again— conditions are now protected from dis- more than 30 times total—on measures crimination. The SPEAKER pro tempore. The to repeal the Affordable Care Act is a Young adults can remain on their Chair recognizes the gentleman from waste of time, but they keep calling for parents’ insurance until they’re 26, pro- Illinois (Mr. DOLD) for 5 minutes. these votes. Do you want to know why? viding some protection in this uncer- Mr. DOLD. Mr. Speaker, this week I Because they want to distract the tain job market. welcomed 26 new citizens to this coun- American public from the fact that try. It was an inspirational event, and they are so committed to unseating b 1050 I’m so proud of all they have been able our President, Barack Obama, that It’s now affordable for small busi- to accomplish. These individuals have they haven’t passed any effective jobs- nesses to provide insurance to employ- worked hard to become citizens, and creating legislation since they took ees. The tax credits cover up to 35 per- they are poised to go on and fulfill the over the majority in this House in 2010. cent of the cost of coverage and will go American Dream. There is no doubt The Supreme Court of the United up to 50 percent in 2014. In fact, in 2011, that times are tough, and yet these in- States upheld the constitutionality of 360,000 small employers used the Small dividuals have persevered despite all of the Affordable Care Act, and it’s time Business Health Care Tax Credit to the obstacles. to face the facts. Earlier today, a gen- help them afford health insurance for 2 As families all over the Nation are tleman from Virginia said, Oh, it was million workers. struggling with the lagging economy,

VerDate Mar 15 2010 23:33 Jul 11, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.010 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4783 we must remain focused on job cre- This bill has passed the Congress of So I beg that those who insisted that ation and economic growth. As part of the United States of America. It is I read this bill before voting, please un- my Main Street jobs agenda, I’m fo- more than 2,000 pages. It was con- derstand that before you vote, you cused on bringing opportunities such as demned for being too long, which may ought to read this bill and compare the STEM education for our students and explain the size of this bill. This bill two. for those looking for work. As part of has within it preventive care. This bill f this effort, I’ve cosponsored the bipar- has within it a cap on administrative b 1100 tisan, bicameral Startup Act 2.0. costs. You must spend 80 to 85 percent The United States is the higher edu- of the money that insurance companies COMMUTER SAVINGS ACT cation destination for the world. This collect on health care. This bill pro- The SPEAKER pro tempore. The is a testament to the strength of these tects persons who are under 26 years of Chair recognizes the gentlewoman from institutions and the value of the de- age, as they can stay on their parents’ New York (Ms. HAYWORTH) for 5 min- grees. But too often, foreign students insurance. This bill covers persons with utes. come here to learn, and then have lit- preexisting conditions. Ms. HAYWORTH. As a frequent rider tle choice but to return to their home I had to read this bill. My constitu- and former commuter on New York’s countries after they are through. ents insisted that I read this bill before mass transit system, I know how im- Students with advanced degrees in voting on it. portant public transportation is. science, technology, engineering, and And my constituents want me to Alone, the New York Metropolitan mathematics are forced to go home read this bill. This is the replacement Transportation Authority, or MTA, with that knowledge, with the ideas bill, and they want me to be sure that transports more than 8.5 million com- and aspirations, aspirations to change I understand the replacement bill be- muters across metropolitan New York the world and bring new technologies. fore I vote to repeal. every day. In the district I’m privileged Many of them want to stay here to So what I’d like to do now, for all to serve—New York’s 19th Congres- make something of themselves here in within the sound of my voice and who sional District—which includes West- our country because it is still the best are viewing this, I want to read the re- chester, Orange, Rockland, Dutchess, place for ideas to become realities. And placement bill. I shall read the replace- and Putnam Counties, the MTA’s 31 what we do is we force them to go back ment bill. Let me just read half of it Metro-North Railroad stations serve to their own country, to compete first. I shall now read one-half of the 11,000 passengers every weekday. against us here in the United States. replacement bill. Now, I shall read the Our Hudson Valley’s mass transit These ideas become solutions which, other half of the replacement bill. commuters lost part of their recent tax in turn, become job-creating compa- Now, some of you will say, AL, you credits for employer-provided mass nies. According to a study by the Na- read too fast; I didn’t pick up all of transit benefits as of January 1 of this tional Foundation for American Pol- that. So, for those who listen slowly, or year. Commuters utilizing the mass icy, immigrants founded or cofounded those who may have missed it, I shall transit portion have seen their credits almost half of the top 50 venture- now read the replacement bill in its en- drop from $230 per month to $125 per backed companies in the United States. tirety. That’s the replacement bill. month, which means that their com- Since our Nation’s founding, Mr. Here is the bill that we can read. I’m muting costs have increased. In con- Speaker, immigrants have flourished, going to ask that I be allowed to place trast, commuters utilizing the driving along with our economy. America be- the replacement bill in the RECORD. and parking benefits have seen an comes a richer and more dynamic soci- Mr. Speaker, I ask that persons con- automatic increase from $230 per ety by encouraging the best and the sider the empirical evidence as well as month to $240 per month, which is why brightest from all over the world to set the invisible evidence. When you weigh I introduced the Commuter Savings up shop here on our soil. That is why the empirical evidence against the in- Act on June 29. I’m honored to cosponsor the bipar- visible evidence, you decide whether we This legislation would extend parity tisan, bicameral Startup Act 2.0 that should vote to repeal. between the mass transit and parking will help get Americans back to work, Now, there may be some who con- portions of the transportation tax cred- and I encourage my colleagues to do tend, well, AL, really, I’d just like to go it, which would increase mass transit the same. back to the way things were. Let’s benefits from $125 per month to $240 per America becomes a richer and more quickly go back to the way things month. Mass transit minimizes traffic dynamic society by encouraging the were. Gladys Knight had a song titled, congestion, reduces fuel consumption, best and the brightest from all over the ‘‘The Way We Were.’’ and limits the wear and tear on our world to come here to our country. Here is the way we were in 2009. In roads and bridges. It’s really a great The people I welcomed as new citi- 2009, when we were considering replace- win for all of us even if we don’t use zens this week do not have time for ment, we were spending $2.5 trillion a mass transit. The Commuter Savings gridlock in Washington, Mr. Speaker. year on health care. That’s a big num- Act will directly help more than 70,000 The American public doesn’t have time ber. Hard to get your mind around it. of our Hudson Valley neighbors, and for gridlock in Washington. We must That’s $79,000 a second. It was, at that the bill is retroactive to January 1 of move forward and find common ground time, 17.6 percent of the GDP. this year, which will provide mass to help the millions of Americans who We were spending $100 billion a year transit commuters with a full 2 years are working toward their American on persons who were uninsured. It was of certainty in their mass transit bene- Dream, to help them get back to work. projected that by 2018 we’d spend $4.4 fits. f trillion, which would have been 20.3 For the tens of thousands of Hudson percent of GDP, which is $139,000 a sec- Valley residents and millions of Ameri- READ THE BILLS AND COMPARE ond. cans across the country who rely on THE TWO In my State of Texas we had 6 mil- safe and affordable public transpor- The SPEAKER pro tempore. The lion people who were uninsured. In tation and for all of us who enjoy the Chair recognizes the gentleman from Harris County, where I have my con- benefits of those fellow Americans Texas (Mr. AL GREEN) for 5 minutes. gressional district, we had 1.1 million using mass transit, I urge my col- Mr. AL GREEN of Texas. Mr. Speak- people who were uninsured. Twenty leagues to join me and my fellow pri- er, this message is only for persons who percent of the State’s children were un- mary cosponsors, Representatives may get sick. If you will never get insured. Fifty million Americans were PETER KING and BOB DOLD, in giving sick, this message is not for you, N-O- uninsured. 45,000 persons per year were our mass transit commuters a break in T, not for you. Only for those who will dying because of a lack of insurance. these tough economic times. get sick. That’s one person every 12 minutes. f Mr. Speaker, I hold in my left hand a And if you don’t like that, call Har- copy of the Affordable Care Act. I hold vard. I got the statistics from Harvard. JULIE DOYLE in my right hand the replacement bill The system was not sustainable. This The SPEAKER pro tempore. The that my colleagues across the aisle is why we embarked upon producing Chair recognizes the gentleman from have been talking about. this bill. Minnesota (Mr. ELLISON) for 5 minutes.

VerDate Mar 15 2010 04:01 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.012 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4784 CONGRESSIONAL RECORD — HOUSE July 11, 2012 Mr. ELLISON. I appreciate every- the same often misleading rhetoric OPPOSING THE REPEAL OF THE thing everyone has said in defense of that does not reflect the true benefits AFFORDABLE CARE ACT the Affordable Care Act; but rather of the Affordable Care Act. The SPEAKER pro tempore. The than striking a statistical position or Those who argue against it are not coming up with basically what was Chair recognizes the gentlewoman from speaking for my 167,000 uninsured con- Florida (Ms. BROWN) for 5 minutes. pretty humorous and entertaining by stituents who for the first time will re- my good friend from Texas—I really ceive health insurance coverage when Ms. BROWN of Florida. Mr. Speaker, enjoyed his presentation—I just want the law is fully implemented. They are the poor will always be with us, but our to talk about a person. not speaking for the 7,000 young adults job is to help raise the standards. I’ve This is the person I want to talk who can now stay on their parents’ in- got to tell you, if it were not already about. She is a young lady from my surance plans until they are aged 26, or invented, I would say this Congress in- district in the prime of her youth. She for the 510 small businesses in my dis- vented the words the ‘‘do nothing Con- is only 25. I would like to talk to you trict that are receiving tax credits to gress’’—do nothing. about her a little bit, Mr. Speaker. Today, we are going to vote to repeal help maintain or expand health care Today is the second day that we are the Affordable Care Act for the 31st coverage for their employees. debating the repeal of the Affordable time. We are wasting 2 days debating a Colleagues who support the repeal of Care Act. Let me be clear that not one bill that has already passed the House the Affordable Care Act are also dis- single person who has come to this and that has no chance in the Senate. regarding the needs of minority com- floor debating doing away with it Rather than spending our time cre- munities in which millions suffer from doesn’t have insurance, because we ating jobs, we’re spending it trying to persistent and life-shortening health have the best insurance. In fact, my take health care away from those who disparities. In my largely Latino dis- blood pressure is up, so I went down- need it most. One of those people, Mr. trict, for example, thousands more of stairs. Because I have insurance, I was Speaker, is an individual by the name my constituents will have access to able to test my blood pressure and get of Julie Doyle. health care through the expansion of some additional medication. In fact, This is Julie. Julie is 25, as I said. Medicaid, the creation of health insur- later I was able to go to the dentist be- Her life has already been filled with nu- ance exchanges, and through the law’s cause I have insurance. Yet what we are debating is you at home not having merous roadblocks. Julie had her first expansion of community health cen- health care, because we—everybody in heart procedure at age 12; and for the ters. last 13 years, her life has been filled this House, every Member who has Mr. Speaker, my constituents do not with many ups and downs, including come to this floor—has health care. want the Affordable Care Act repealed having lost her father when she was 15. nor do the millions of Americans Despite numerous health issues, Julie b 1110 across our country for which the ACA is still very active as the captain of her has brought lifesaving benefits. This is softball team, as the captain of her Every single President, since Theo- most certainly true for women, seniors tennis team. She is a student council dore Franklin Roosevelt, for 75 years and people with disabilities. member and an active community vol- has tried to push some form of uni- unteer. So as you can imagine, I think Under the Affordable Care Act, being versal health care, and I want to thank she is an amazing kid. Of course, she is female can no longer be considered a President Barack Obama. They like to not a kid—she is a young woman now— preexisting condition. Women will no say ‘‘ObamaCare.’’ I want to say, but she is still quite an amazing mem- longer have to pay higher premiums ‘‘President Barack Obama cares, and ber of our community. than men, and prenatal care will fi- he was able to accomplish something.’’ Like many young people her age, nally be covered for all women in this Let’s be clear that the President pro- Julie is dreaming of going to college, of country. poses, and the Congress disposes. So it having a successful career. She wants had to be the Congress. It was the Never again will our sisters, mothers Democratic Congress, the Democratic to study business. Her efforts were de- and daughters have to choose between railed about 3 years ago when she Senate, and the President that passed a mammogram or putting food on the the bill. started having multiple system dis- table because these lifesaving prevent- orders and started blacking out. There ative health services will no longer re- Instead of discussing health care re- were days when she only had the en- quire copayments. peal, we should be debating VA con- ergy to crawl from the bathroom. Con- struction. In my State as of July 1, the cussions, bruises, broken teeth became As for seniors, last year, as a result VA paid an additional $500,000 to rent a routine. Just as her condition was be- of health reform, over 32 million of portable operating room for a project coming severe, her insurance was due them received free preventative health that is 95 percent complete, but we to end. However, because of the Afford- services, and over 5 million seniors are haven’t had a chance on the floor to able Care Act provision allowing young saving close to $4 billion on Medicare take up VA construction. We have 31 adults to stay on their parents’ plans prescription drug costs as the dough- times that we’re taking up repealing until the young adults are aged 26, nut hole closes. health care. I visited that facility last Julie was able to get the health care Because Obama cares, our families month, and I found out that it would that she needed. and neighbors with disabilities will no have been a health risk not to expand Now, for the people who think it’s so longer live in fear of reaching lifetime the program for the veterans in that clever, so smart, so funny to repeal the limits on their insurance or of being area. Affordable Care Act—I don’t know excluded from coverage due to having People often say, ‘‘What did the what they think it is—I urge them to preexisting conditions. Democratic House, President, and Con- think about Julie. Julie is worth it. Mr. Speaker, the Affordable Care Act gress do?’’ We passed the largest VA f is already working for my constitu- budget in the history of the United OPPOSITION TO REPEALING THE ents—for women, for minority commu- States of America. We took care of the AFFORDABLE CARE ACT nities, for seniors, and for people with veterans. We had a far-reaching budget. The SPEAKER pro tempore. The disabilities. It is time for my Repub- We gave care to the caregivers of our Chair recognizes the gentlewoman from lican colleagues to listen to these veterans. It goes on and on. California (Ms. ROYBAL-ALLARD) for 5 Americans who do not want to lose I really do believe to whom God has minutes. their new health benefits. The Supreme given much, much is expected. He ex- Ms. ROYBAL-ALLARD. Mr. Speaker, Court has upheld the Affordable Care pects us to work to empower the Amer- this is day 2 of the misguided Repub- Act. Let’s stop wasting time and tax- ican people with jobs and health care. lican attempt to repeal the Affordable payers’ money and find solutions to the Basically ‘‘do nothing’’ is the label of Care Act. We have been down this road other complex issues facing our coun- this Congress, the Do-Nothing Con- 31 times with the same arguments and try today. gress.

VerDate Mar 15 2010 23:59 Jul 11, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.014 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4785 MMM, MMM BAD HEALTH CARE long-term, and breaks with the status moral tests of our time. Those who POLICY quo by allowing Federal funding for vote to repeal the Affordable Care Act The SPEAKER pro tempore. The abortion and abortion coverage.’’ are failing that moral test. They are Chair recognizes the gentleman from But we all agree there are good provi- utterly failing that test. sions. The bill expanded access to care New York (Mr. CROWLEY) for 2 minutes. Paying health insurance premiums Mr. CROWLEY. Mr. Speaker, today, and improved health insurance by and other health care bills has become Republicans in the House will once doing things such as prohibiting dis- very difficult for American families. again bring up a repeal of the Afford- crimination based on preexisting con- Premiums have gone up each year and able Care Act. ditions and extending family coverage the cost of health care has escalated. We’ve seen a lot of repeal from them, to children up to the age of 26. Why, Insurance companies have shifted costs but not as much with respect to their then, are we being asked to blindly to consumers through increases in so-called plan to replace. I think I’ve throw out the good with the bad, or al- deductibles and copayments and de- figured out what the GOP wants to re- ternatively, to simply let the law stand creases in covered services. Low- and place the Affordable Care Act with. with no changes at all? middle-income families need relief Here is what I assume must be the A few months after I voted against from skyrocketing health care costs. Republican plan for health care in our the ACA, in a town hall meeting in The constitutional ACA provides real country: chicken noodle soup. Chicken Hickory Hills, I was asked by an oppo- relief to American families. First, the noodle soup? Many of our mothers and nent of the law if I would vote to repeal Affordable Care Act provides direct fi- grandmothers have told us that chick- it. I said, ‘‘No. We need a fix, not a re- nancial relief to millions of insured en noodle soup is a cure-all for any- peal that would take us back to the American families that struggle to pay thing, but I think the Republican plan status quo.’’ He said, ‘‘Okay. Repeal health insurance premiums today. The takes Grandma at her word a little too and replace. Keep the good parts, and new law allows families to shop for a literally. make other necessary changes.’’ plan in new State insurance exchanges Can’t afford health care coverage and I agreed, and that’s exactly what I and allows them to receive a big dis- need medical care? Have some chicken have been working to do. I helped pass count on their premiums. into law a bill to repeal the burden- noodle soup. Have you been diagnosed b 1120 with a serious disease and can’t afford some 1099 requirement for small busi- nesses and helped introduce and pass The ACA protects people from high the prescription drugs you need to deductibles, high copayments, and un- treat it? Have some chicken noodle legislation to repeal the ACA’s CLASS Act program, which would have added expected gaps in their insurance cov- soup. At least you can rely on good old- erage in three ways. It eliminates life- fashioned chicken noodle soup. Have a tens of billions of dollars to the deficit. In addition, I worked to pass legisla- time and annual limits on how much preexisting condition like diabetes an insurance plan will pay for covered that lets your insurance company deny tion to ensure that no taxpayer money is spent for abortion under the law, and benefits. That means payments won’t you coverage? That’s okay. Have some suddenly run out. It caps how much a chicken noodle soup and you’ll feel bet- I continue to fight against portions of the HHS mandate that violate Ameri- person must spend each year on ter in the morning. deductibles and copayments for cov- The truth is, it won’t be all better in cans’ religious liberty. At the start of this Congress, I hoped ered benefits. That means that families the morning. That’s why we enacted we could work on major fixes to the won’t be forced to lose their homes be- the Affordable Care Act, to ensure that health care law. Instead, a bill was cause they get sick. And it provides ad- people could get the affordable, quality brought to the floor in January 2011 ditional help with out-of-pocket costs coverage they need; that seniors can which would have eliminated the entire for lower-income families. afford their prescription medications; law with no exceptions. I opposed that Second, the ACA expands the afford- and that an insurance company can no bill. I voted for a resolution instructing able insurance options to families who longer deny you coverage because you four House committees to develop re- could not afford coverage before. Med- have a preexisting condition. placement legislation. Yet, 18 months icaid will now be available to families I don’t know why Republicans want later, there still is no replacement. In- at or lower than the 133 percent of the to go back to the day when chicken stead, we’re again voting on a repeal, Federal poverty level. For people with noodle soup was the only option for period. And once again, we all know incomes above that level and up to 400 hardworking families who couldn’t af- this bill will pass the House and die in percent of poverty, new premium tax ford care. The truth is, chicken noodle the Senate. credits will help them afford coverage. soup might be mmm, mmm good for A Chicago Tribune editorial recently Reducing the number of uninsured will lunch, but as a health care policy, it is stated: ‘‘If Democrats want to save the help reduce the ‘‘hidden health tax’’ mmm, mmm bad. ambitions of this law, they’re going to that is imposed on insured families. We f have to find a way to write a Truly Af- all pay higher premiums to pay for the care of the uninsured. LET’S STOP THE POSTURING fordable Care Act.’’ And the Tribune concluded that Republicans ‘‘ought to Third, the Affordable Care Act will The SPEAKER pro tempore. The engage Democrats in a real effort to slow the growth of underlying health Chair recognizes the gentleman from contain the costs before the law takes care costs and help all Americans. Illinois (Mr. LIPINSKI) for 3 minutes. full effect in 2014.’’ I wholeheartedly As I have said on this floor before, Mr. LIPINSKI. Mr. Speaker, we have agree. the ACA is the greatest improvement heard hours of impassioned speeches on Let’s stop the posturing, roll up our in women’s health in decades. Under the repeal of the Affordable Care Act, sleeves, and work to make health care the ACA, millions of women are gain- most defending all or nothing, and pit- more affordable for all Americans in a ing access to affordable health care ting us against them. But the Amer- fiscally sound manner. That is what coverage. Women will not have to pay ican people aren’t interested in the pol- the American people want us to do. more than men for the same insurance itics. They want us to focus on what we That is what we need to do. policy, and women will not be denied can do moving forward to make good f coverage because they are sick or have health care more affordable for them preexisting conditions. Women will be without breaking the bank. REPEAL OF THE ACA guaranteed preventive services, such as I believe the ACA is flawed, and I The SPEAKER pro tempore. The mammograms and cervical cancer parted ways with the majority of my Chair recognizes the gentleman from screenings, with no deductibles or Democratic colleagues in voting Missouri (Mr. CLAY) for 3 minutes. copays. against it in 2010. As I said then, ‘‘The Mr. CLAY. Mr. Speaker, I cannot be- Senior women will have access to coordi- bill does not do enough to lower the lieve we are asked for a 31st time to re- nated care. skyrocketing costs of health care, cuts peal the Affordable Care Act. Senior women will save thousands of dollars more than $400 billion from Medicare, This isn’t just a policy issue. This is as reform closes the Medicare prescription is not fiscally sustainable over the a moral test. This is one of the great drug coverage gap.

VerDate Mar 15 2010 23:59 Jul 11, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 9920 E:\CR\FM\K11JY7.016 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4786 CONGRESSIONAL RECORD — HOUSE July 11, 2012 Family caregivers—who are typically 105 million Americans would again Bring us the day when all men shall women—will benefit from new supports that have lifetime limits on their health in- turn to one another in pleasantness, help them care for their loved ones while also surance, which often puts health care when they combine regardless of dif- taking care of themselves. services out of reach when people need ferences in a union under Your reign, Mr. Speaker, as the great Progressive Hu- it the most. Also, 15 million Americans as the prophet Zachariah proclaimed: bert Humphrey said: would be dropped from their insurance ‘‘On that day, God shall be One, and ‘‘The moral test of government is how that companies altogether. His Name one.’’ government treats those who are in the dawn Many of the provisions of the law f of life, the children; those who are in the twi- may never get funded that would close light of life, the elderly; those who are in the the shameful gaps in health care that THE JOURNAL shadows of life, the sick; the needy and the cause people of color, the poor of every The SPEAKER pro tempore. The handicapped.’’ race and ethnicity, even those who Chair has examined the Journal of the By voting to repeal the ACA, my colleagues may be Republican or Tea Party, rural last day’s proceedings and announces are failing that test, Mr. Speaker. They are fail- Americans and those who live in our to the House her approval thereof. ing that moral test. Nation’s territories, to die in excess Pursuant to clause 1, rule I, the Jour- f numbers from preventable deaths and nal stands approved. DON’T LET BAD POLITICS DRIVE cost the country billions of dollars f BAD POLICY every year. There’s nothing appro- PLEDGE OF ALLEGIANCE priate, just, fair, or worthy in this at- The SPEAKER pro tempore. The tempt to repeal the Affordable Care The SPEAKER pro tempore. Will the Chair recognizes the gentlewoman from Act. It turns back progress. It closes a gentleman from Tennessee (Mr. COHEN) the Virgin Islands (Mrs. CHRISTENSEN) door to wellness that is now just being come forward and lead the House in the for 3 minutes. Pledge of Allegiance. Mrs. CHRISTENSEN. Mr. Speaker, opened to over 30 million Americans. It sets this Nation on a path that is Mr. COHEN led the Pledge of Alle- just to set the record straight, I’m a giance as follows: family physician and the first female unhealthy and less financially secure, and it threatens our position of leader- I pledge allegiance to the Flag of the doctor in the Congress. United States of America, and to the Repub- Just less than 2 weeks ago, the Su- ship in the world. lic for which it stands, one nation under God, preme Court issued a final ruling that Even though we know this is just an indivisible, with liberty and justice for all. empty exercise, that it’s not going any- the health care reform law is, in fact, f constitutional. It is now the law of the where, we do have the opportunity to WELCOMING RABBI DAVID ALGAZE land. stand together and do the right thing Despite this, today my colleagues on to not let bad politics drive bad policy. The SPEAKER pro tempore. Without the other side of the aisle are revisiting When the bill comes up for a vote, vote objection, the gentleman from New old political battles instead of using ‘‘no’’ on H.R. 6079. York (Mr. TURNER) is recognized for 1 the final weeks in this session to fully f minute. implement a current law that will pro- RECESS There was no objection. tect the health of every American, in- Mr. TURNER of New York. Madam The SPEAKER pro tempore. Pursu- stead of creating jobs during a time Speaker, fellow Members, I am privi- ant to clause 12(a) of rule I, the Chair when unemployment is at a persistent leged to have had the honor of inviting declares the House in recess until noon high, instead of strengthening the Rabbi David Algaze here to lead us in today. American economy and ensuring that the benediction. Rabbi Algaze serves as Accordingly (at 11 o’clock and 25 taxes on middle class families are not the senior rabbi of Havurat Yisrael minutes a.m.), the House stood in re- raised. Synagogue in Forest Hills, Queens, a I have heard the scare tactics and cess. position he has held since founding the spin that my colleagues are using to f congregation in 1981. mislead the American public. The b 1200 Rabbi Algaze has always held a com- truth is this: repealing the health care mitment to academics both as a stu- AFTER RECESS reform bill would set this country back dent and as a teacher. He holds mul- on a course no American—Republican The recess having expired, the House tiple master’s degrees and has served or Democrat—wants to go back to. was called to order by the Speaker pro as a professor in all levels of academia. With the list of horrible con- tempore (Mrs. MILLER of Michigan) at He is a former president of the Associa- sequences, H.R. 6079 reads like a dis- noon. tion of Sephardic Rabbis of America, honor roll. f and is the founder and president of the The Republicans’ repeal of health World Committee for the Land of PRAYER care reform will raise taxes on 18 mil- Israel. lion middle-class people. Rabbi David Algaze, Havurat Yisrael He has always been a strong advocate More than 6 million young adults Synagogue, Forest Hills, New York, of- for the Jewish community in Queens will lose the option of being covered fered the following prayer: and throughout New York. An ardent under their parents’ health care plans. God, from Whom all blessings flow, supporter of the State of Israel, Rabbi More than 5 million seniors will pay bless this assembly to steer this great Algaze continues to fight to ensure its more in prescription drugs, leaving Nation to the prominence You be- safety, security, and well-being. A many having to choose between paying stowed upon her; a land where even a prime example of these efforts is his their rent, food, or medicine. humble bicycle messenger can soar to work to educate the world about the 129 million Americans, 17 million of serve in this Hall, where every man has current situation in Iran and the whom are children with so-called pre- dignity and the capacity to prosper, threat it poses to Israel and the United existing disease, which before health where the ignorant can reach knowl- States. care reform included acne and preg- edge and the persecuted sanctuary. A scholar, educator, and pillar of re- nancy, may be denied health care cov- Move it from finiteness to infinity, ligious leadership in our community, erage when they need it, and 33 million from constriction to amplitude, from he has been a terrific friend to me and currently uninsured Americans will isolation to leadership, from cynicism has always been there for all those in stay among the ranks of the uninsured. to faith. Uphold its pre-eminence need. More than 32 million seniors and 54 among the nations, for its message of I thank you, Rabbi Algaze. million other Americans will pay more freedom is beneficial to all men. f for mammograms, colonoscopies, an- Let us pray for wisdom, not passion; nual wellness exams, and other often for knowledge, not shallowness; for ANNOUNCEMENT BY THE SPEAKER lifesaving preventive care that detects truth, not trend; for enduring amity to PRO TEMPORE cancers and diseases at their earliest allies and steadfast stand against its The SPEAKER pro tempore. The stages when they are most treatable. foes. Chair will entertain 15 further requests

VerDate Mar 15 2010 23:59 Jul 11, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JY7.001 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4787 for 1-minute speeches on each side of REPEAL OF OBAMACARE ACT mentors talented underrepresented and the aisle. (Mr. BENISHEK asked and was given underserved students. f permission to address the House for 1 I congratulate and commend the Leadership Alliance, including Brown minute and to revise and extend his re- RICE UNIVERSITY—HOUSTON, University, for 20 years of mentoring a marks.) TEXAS diverse and competitive research and Mr. BENISHEK. Madam Speaker, in (Mr. POE of Texas asked and was scholarly workforce. upholding the President’s health care given permission to address the House law, the Supreme Court identified the f for 1 minute.) law as a $675 billion tax increase on b 1210 Mr. POE of Texas. Madam Speaker, America’s working families and re- late one summer night a few years ago, REPEAL OBAMACARE minds us that we cannot depend on I boarded a red-eye flight back to Hous- courts to fix the mistakes that Con- (Ms. FOXX asked and was given per- ton. I saw college students on the gress has made. mission to address the House for 1 plane, and I expected the worst. I was I know something about health care. minute and to revise and extend her re- wrong, however. As soon as the plane marks.) I’ve been a doctor for 30 years taking took off, these athletes broke out their Ms. FOXX. Madam Speaker, in 2009, care of patients in northern Michigan. books, and they studied for the rest of President Obama rightly said, ‘‘The I know the President’s plan is not solv- the flight. I was impressed by this last thing you want to do is raise taxes ing our health care problems. In fact, group of considerate, smart, focused, in the middle of a recession.’’ Yet the it’s making them worse. and driven student athletes. No sur- President’s signature legislative The law hurts seniors by cutting prise, they were the Owls baseball team achievement, ObamaCare, hinges on 21 more than $500 billion from Medicare. from Rice University. separate tax increases, 12 of which hit The law creates a board of 15 Wash- Rice was named after Massachusetts- the middle class. ington bureaucrats to decide how to re- born businessman William Marsh Rice, ObamaCare and its taxes have al- duce Medicare costs. The law contains a transplanted Yankee who was suc- ready proved crushing to the economy, more than 13,000 pages of new regula- cessful in Houston, Texas. He chartered along with broken promises to spur job tions that will suffocate our small the Rice Institute. Today, Rice Univer- creation, reduce debt, cut premium businesses. sity is the home of 5,000 students. Its costs, and allow patients to keep their The President’s law never addressed achievements make Houston proud— coverage and physicians. Family pre- rising health care costs. America has a artificial heart research, structural miums are up over $1,000, 20 million great health care system, but the prob- chemical analysis, and space science, people are at risk of losing the doctors lem is it costs too much. I recommend just to name a few. And the Rice Owls they like, 48 percent of businesses we enact a step-by-step approach that baseball team gives Houston a baseball aren’t hiring to brace for rising health lowers cost through free market com- team we can be proud of. And just yes- costs, and by 2021, the CBO estimates petition and strengthens the doctor-pa- terday, Rice was named one of the top there will be 800,000 fewer jobs because tient relationship. 100 universities in the world by the of ObamaCare. The American people have been Center for World University Rankings. The job of Congress is not to defend clear—they don’t like this terrible law. I want to congratulate Rice presi- failure. ObamaCare makes it harder for I urge all Members to support the Re- dent, Dr. Leebron, his wonderful edu- job creators to hire and fails in its peal of Obamacare Act, so we can scrap cators, and his students for an amazing most basic objectives. Thus, we have a this law and work together on real 100 years of excellence and education. duty to spare the American people And that’s just the way it is. health care reforms that actually lower from its $1.76 trillion bill by fully re- costs and make health care more af- pealing this legislation. f fordable. f STUDENT VETERANS ACADEMIC f COUNSELING ENHANCEMENT ACT NOMINATION OF JOHN T. LEADERSHIP ALLIANCE FOWLKES, JR. TO THE FEDERAL (Ms. CHU asked and was given per- DISTRICT COURT OF WESTERN mission to address the House for 1 (Mr. CICILLINE asked and was given TENNESSEE minute.) permission to address the House for 1 (Mr. COHEN asked and was given per- Ms. CHU. After returning from Iraq, minute.) mission to address the House for 1 John started college. He didn’t pick a Mr. CICILLINE. Madam Speaker, I minute.) major right away, instead, exploring rise today to commemorate the 20th Mr. COHEN. Madam Speaker, yester- different subjects. But he struggled. It anniversary of the Leadership Alliance. day the United States Senate approved was hard for him to focus; and after The Leadership Alliance, established the nomination of President Obama, what he had been through, he couldn’t by Brown University in 1992, is a na- upon my recommendation, of John T. relate to his classmates. Soon, he had tional academic consortium of leading Fowlkes, Jr. to be the new Federal Dis- used up his GI Bill benefits and research universities and minority- trict Court Judge in the Western Dis- couldn’t afford to graduate. serving institutions with the mission trict of Tennessee. It was a moment of What John’s story tells us is that of developing underrepresented stu- bipartisanship, where Senators MCCON- even though we vigorously train our dents into outstanding leaders and role NELL and REID worked to get the nomi- soldiers, we give veterans little guid- models in academia, business, and the nation up, and my Republican Sen- ance to succeed in school. So I’m intro- public sector. ators, CORKER and ALEXANDER, spon- ducing the Student Veterans Academic Through an organized program of re- sored and supported that nomination. Counseling Enhancement Act, endorsed search, networking, and mentorship at Judge Fowlkes is an outstanding ju- by the American Legion, the Iraq and critical transitions along the entire rist and was an astounding attorney. Afghanistan Veterans of America, and academic training pathway, the Lead- He was a public defender, a State pros- the Veterans of Foreign Wars. This bill ership Alliance prepares young sci- ecutor, a Federal prosecutor, a chief provides regular one-on-one academic entists and scholars for graduate train- administrative officer for our county counseling to GI Bill students no mat- ing and professional apprenticeships. government, and a current criminal ter where they go to school, and it To date, the consortium has court judge. tracks veteran graduation rates to help mentored more than 2,600 undergradu- I empanelled a group of lawyers—bi- ensure academic and career success. ates, including 33 Rhode Islanders. partisan, just about every representa- This Student Veterans Act will ensure Brown University has mentored 386 tion you can imagine—to advise me on taxpayer dollars are spent responsibly, Leadership Alliance participants, 35 the person to recommend. Everybody while helping veterans graduate and percent of whom have received a grad- felt John Fowlkes had the tempera- get good jobs. We owe it to those who uate-level degree. ment and disposition, judicial experi- have sacrificed so much for us, our vet- I am proud to stand in support of this ence, and was the right person for the erans. initiative that identifies, trains, and job.

VerDate Mar 15 2010 23:59 Jul 11, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.021 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4788 CONGRESSIONAL RECORD — HOUSE July 11, 2012 I was proud to recommend him. I’m owners, to foot the bill. As a nonprac- friends, the insurance industry, so they pleased the President nominated him. ticing registered nurse, I am all too fa- can’t collude to drive up prices, they I’m thankful the Senate acted in a bi- miliar with this scenario, which has can’t collude to restrict coverage and partisan way so we can work down our placed a tremendous burden on our Na- divide up markets and make it more caseload. We need more judges, and the tion’s hospital systems. expensive for all Americans. The Con- Senate needs to approve more. Madam Speaker, the highest court in sumers Union says this would mean a f the Nation has spoken, and it’s time 10 to 25 percent drop in everybody’s for us to move forward for the Amer- health insurance in this country. THE WRONG PRESCRIPTION ican people. Let’s do something real. Stop the po- (Mr. JOHNSON of Ohio asked and f litical theater. Let’s help the American was given permission to address the people get affordable health care and House for 1 minute and to revise and HONORING THE SERVICE OF health insurance. extend his remarks.) SPECIALIST ANDREW SMITH f Mr. JOHNSON of Ohio. Madam (Mr. FLEISCHMANN asked and was Speaker, we’ve long known that Presi- given permission to address the House REPEAL OBAMACARE dent Obama’s takeover of our health for 1 minute.) (Mr. MARCHANT asked and was care is bad medicine. And now that the Mr. FLEISCHMANN. Madam Speak- given permission to address the House Supreme Court has determined that er, I rise to honor Specialist Andrew for 1 minute.) it’s one of the largest tax increases in Smith of the United States Army’s Mr. MARCHANT. Madam Speaker, I American history, we’ve confirmed 82nd Airborne Division. rise today to support H.R. 6079. It that it’s bad policy. Andrew grew up in my hometown of hasn’t taken very long for the weight As I travel up and down the Ohio Ooltewah, Tennessee, and enlisted in of ObamaCare to become a significant River, I hear repeatedly that this disas- the Army after graduating from Lee drag on our economy and our family trous law must be repealed and re- University. On his first patrol in budgets. placed with commonsense, patient-cen- Kandahar, an IED detonated near him Just 2 years since it was enacted, tered solutions that will grow our and he lost both of his legs. there are already 12,825 pages of economy. I first met Andrew where he was re- ObamaCare-related regulations and no- Today, the House will vote, once covering at Walter Reed, where I was tices published in the Federal Register. again, to repeal this law because it’s impressed by his spirit, curiosity, and Nobody knows what the final number full of broken promises covered up in determination. His wife, Tori, was by of regulations will be, and let’s hope empty political rhetoric. his side the entire time and keeps a that we never find out. President Obama promised us that constant vigil. Andrew’s mother has It is this high level of uncertainty this law would lower health care costs, been active as well, ensuring he re- that is preventing many businesses in but now we know it will cost more than ceives the best care possible. my district from hiring new workers double what was expected, almost $2 A particularly touching tribute is an and growing. This is particularly true trillion. essay written by Andrew’s sister, among small businesses looking to ex- We were promised that the law would Katie. She writes: pand. We must repeal this law now that create jobs, but 40 percent of American He was aware of the risks that were in- is a disincentive for any small business businesses tell a different story. volved in being a soldier, but he was so de- to grow. And finally, we were promised that voted to protecting our freedom that he was I urge my colleagues to join me in we’d be able to keep our doctors, but a willing to sacrifice in a major way. Even voting for repeal. recent survey says that 83 percent of though he is away from the war, he is still doctors have considered quitting over fighting. f the law. Katie’s essay reminds us that our b 1220 Free market and patient-centered so- freedom and safety depend on heroes A DEMOCRACY ABOUT PEOPLE lutions are not only good policies, but like Andrew Smith who put their lives AND NOT DOLLARS they are also the correct medicines for on the line to defend us. I am humbled health care reform, not President to recognize Andrew, and I am pleased (Mr. HIMES asked and was given per- Obama’s Big Government takeover. his family is able to join him here mission to address the House for 1 f today in the House gallery. minute and to revise and extend his re- I will submit Katie’s essay for inclu- marks.) TEXAS’ DECISION NOT TO EXPAND sion in the CONGRESSIONAL RECORD Mr. HIMES. Madam Speaker, I rise MEDICAID AND THE VOTE TO later. And I speak for all Americans this morning not to advocate a Demo- REPEAL THE AFFORDABLE CARE when I say that we are forever grateful. cratic position nor to refute a Repub- ACT f lican idea. Instead, I rise to highlight a (Ms. EDDIE BERNICE JOHNSON of fundamental threat to our ability to Texas asked and was given permission STOP THE POLITICAL THEATER have that important debate. I refer, of to address the House for 1 minute.) (Mr. DEFAZIO asked and was given course, to the hundreds of millions—in- Ms. EDDIE BERNICE JOHNSON of permission to address the House for 1 deed, billions—of dollars that will in- Texas. Madam Speaker, by refusing to minute.) fluence who comprises this otherwise expand Medicaid to cover millions of Mr. DEFAZIO. On January 19, 2011, democratic body, which may very well sick, low-income adults, Texas Gov- the Republicans voted to repeal determine who occupies the Presidency ernor Rick Perry has joined the grow- ObamaCare. Thirty other times on the next. ing list of Republican Governors who floor since then, they have voted to re- In each of our hearts, those of us in have decided to put partisan politics peal ObamaCare, or part of ObamaCare. this Chamber called to represent peo- before the health of their residents. And today, for the 31st time, they will ple know that that cannot possibly be 6.2 million Texans, including 1.2 mil- vote to repeal ObamaCare. right. That is why I will cosponsor two lion children, lack health insurance, How about doing something produc- possible constitutional amendments to the highest number of any State in the tive for the American people in terms reverse the damage of Citizens Nation. Medicaid expansion would of lowering health insurance and United—H.J. Res. 111 and H.J. Res. 78. drastically decrease Texas’ uninsured health care costs instead of your polit- This should not be partisan. Today, it rate from an astonishing 25 percent to ical theater here? looks like the dollars are behind the just 9 percent. The Supreme Court has ruled. Let’s Republicans; but tomorrow, that may Without the Affordable Care Act, roll up our sleeves and improve what is be different. So let’s join, let’s stand millions of uninsured Americans will the law of the land. together for our democracy and back a continue to seek primary care in our I propose that today we should vote constitutional amendment to make our Nation’s overcrowded emergency on my bipartisan amendment to take democracy about people, not about dol- rooms, leaving taxpayers, property away the antitrust immunity of your lars.

VerDate Mar 15 2010 23:59 Jul 11, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.023 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4789 THE CENTENNIAL CELEBRATION NATIONAL CANCER INSTITUTE GOVERNMENT TAKEOVER OF OF RICE UNIVERSITY DESIGNATION FOR THE UNIVER- HEALTH CARE IS NOT THE AN- (Mr. OLSON asked and was given per- SITY OF KANSAS SWER mission to address the House for 1 (Mr. YODER asked and was given (Mr. BILIRAKIS asked and was given minute and to revise and extend his re- permission to address the House for 1 permission to address the House for 1 marks.) minute and to revise and extend his re- minute and to revise and extend his re- Mr. OLSON. Madam Speaker, I rise marks.) marks.) today to celebrate Rice University’s Mr. BILIRAKIS. Madam Speaker, the Mr. YODER. Madam Speaker, many centennial. sad reality in our country today is that of the smartest minds in America work One hundred years ago, in Houston, Americans are faced with skyrocketing tirelessly every day to discover a cure Texas, the Rice Institute opened its health care costs. Rather than address for cancer. I am happy to say we will doors to 48 male and 29 female stu- the situation, Democrats passed a $1 soon take another step towards the ul- dents. Since that time, it has grown to trillion health care takeover that costs timate goal of winning the battle be one of the most respected univer- too much, taxes too much, and borrows against cancer, and it will happen right sities in all of the world. too much. World history has been made on in the Kansas City community as the Americans don’t deserve this. Rice’s campus. As all Texans know, in University of Kansas Cancer Center Americans deserve commonsense September of 1962, President John F. will soon receive a National Cancer In- ideas, like medical liability reform, en- Kennedy stood in Rice stadium and stitute designation by the National In- couraging health savings accounts, committed a Nation, founded by ex- stitutes of Health. strengthening association health plans, plorers, to the greatest exploration in This NCI designation at the KU Can- and allowing people to purchase health human history—a Moon landing. Space cer Center will affirm that the highest insurance across State lines—common- City USA was born at Rice. quality of cancer research will be con- sense ideas. These reforms would make I am a proud alumnus of Rice Univer- ducted at the University of Kansas and health care more affordable and acces- sity, class of 1985, Jones College. What that this research will directly lead to sible without passing on crushing debt gives Rice such a special place in my improved cancer care and lifesaving to future generations. heart is an uncommon feeling—a feel- treatments across the country. Unlike the current health care law, ing of family and home—that tran- Madam Speaker, nearly 1.7 million which has raised taxes, cost jobs, and scends my 4 years on campus. It’s a Americans this year will be diagnosed limited personal control of health care, feeling you can see in this picture of with the horrible disease of cancer. It Americans deserve meaningful and af- my son, Grant, and me on campus this touches all of our lives personally, and fordable health care reform that will year. we must remain committed as a Nation lower costs, protect consumers, and in- Happy centennial, Rice. I can’t wait to ultimately winning this war against crease accessibility while allowing for the next 100 years. Go Owls! cancer. That’s why I am proud today to Americans to control their own health f stand in support of the University of care decisions. This misguided take- Kansas’ efforts in this battle and to over of the health care system is not MONTROSE SEARCH AND RESCUE congratulate all involved for this im- the answer. TEAM portant milestone. f (Mr. SCHIFF asked and was given THE CENTENNIAL CELEBRATION permission to address the House for 1 f minute and to revise and extend his re- OF RICE UNIVERSITY marks.) (Ms. JACKSON LEE of Texas asked Mr. SCHIFF. Madam Speaker, I rise REPEALING THE AFFORDABLE and was given permission to address today to honor the Montrose Search CARE ACT the House for 1 minute.) and Rescue team. (Ms. LORETTA SANCHEZ of Cali- Ms. JACKSON LEE of Texas. I rise For over 65 years, Montrose Search fornia asked and was given permission today to congratulate our hometown and Rescue has been conducting life- to address the House for 1 minute and university, Rice University, for their saving operations throughout the An- to revise and extend her remarks.) 100-year celebration—a university geles National Forest and the neigh- Ms. LORETTA SANCHEZ of Cali- known for advancing education in the boring areas. These brave men and fornia. Madam Speaker, I rise today to arts, humanities, and sciences. It is a women have risked their own lives to urge my Republican colleagues to leading university, and it has been rescue stranded hikers, victims of nat- move beyond the attacks on health ranked among the top 20 universities in ural disasters, and anyone in need of care for Americans and to move for- the United States by the U.S. News & assistance. ward by getting our country back to World Report every year since the Two weeks ago, their heroism was on work. rankings began in 1983. full display. The team spotted a little As a former member of the House girl who was face down, drowning in a The majority thinks that it’s a badge Science Committee, I am reminded of pool of running water in the forest. The of honor to claim that it will have had their great work in nanotechnology, 18-month-old girl was unconscious and 31 votes to repeal the Affordable Care space, cellular technology, bioinforma- had stopped breathing when they Act. I completely disagree. tion in energy and health, and their pulled her out of the water. Thanks to They will have voted 31 times to strip collaboration with the Johnson Space them, this little girl was brought back patients of basic protections. They will Center. I am also delighted that they to life to the unimaginable relief and have voted 31 times to reverse the have decided in years past to eliminate gratitude of her family. progress made by the Affordable Care the bar against African American stu- That young girl, along with so many Act, including protecting up to 17 mil- dents and to open the opportunities of others, is alive today because of the he- lion children who now have coverage a grand education to Latinos and Afri- roic actions of the Montrose Search even if they have preexisting condi- can Americans and to young people and Rescue team. They do all this for tions. In fact, the 31st vote that we will who have a last name such as Qadeer. their community without asking any- take is nothing more than a reaction They have a bright light in Dr. Ro- thing in return, and their humbling to Chief Justice John Roberts’ opinion land Smith, who has led the effort in dedication to service and their selfless that the law is constitutional. Yet the diversifying their campus, and I was desire to help those in need deserve our GOP continues to dispute this. Let’s delighted to go and join them in hon- respect and gratitude. move on. oring the Honorable Barbara Jordan, So, today, I rise to say thank you, If they were serious, they would have one of my predecessors in the 18th Con- Montrose Search and Rescue, for the presented us with a plan 31 votes ago to gressional District. They, of course, great work that you do and for the help us fix any flaws that this law may have a group of astute athletes who lives that you save through your ef- have. So I plead for the 31st time: let’s have made them proud, and they rep- forts. get back to work. resent the diversity of America.

VerDate Mar 15 2010 01:19 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.025 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4790 CONGRESSIONAL RECORD — HOUSE July 11, 2012 It is great to congratulate a univer- better. We should be acting to ensure know the repeal bill is pointless, and sity that understands its brilliance and that Medicare doesn’t pay more for there is no way we’re going backwards its necessity in teaching the next gen- prescription drugs than the VA, and to to the broken health care system of the eration of scientists, thinkers and hu- keep rising insurance costs from hurt- past. Let’s use the time to pass a jobs manitarians, and to also be called an ing small businesses. We should be bill. Let’s pass the middle class tax cut excellent university. looking for ways to create jobs, to extension that we all agree with. Let’s Congratulations, Rice University, for strengthen our middle class, to bolster pass my bill that will protect veterans your 100th year, for your service to this our economy. We should rise above par- returning from war zones from the im- Nation, and for your reflection of the tisan bickering, move on, and get pacts of psychological damage. diversity of this great country. something done. Today, our troops are killing them- f This repeal bill sends a message to selves at a rate of nearly one a day. American families that this body cares They urgently need our help. Let’s do b 1230 more about political grandstanding something for them. Let’s do some- RICE UNIVERSITY’S 100TH than improving their lives. Let’s put thing that actually matters to the ANNIVERSARY aside this charade and do the work for American people. Let’s put ourselves (Mr. CULBERSON asked and was which we were elected. on record for the people, for jobs, rath- given permission to address the House f er than wasting time casting the same vote 30 times. for 1 minute and to revise and extend DRACONIAN CUTS his remarks.) ´ f Mr. CULBERSON. Madam Speaker, I (Ms. LINDA T. SANCHEZ of Cali- fornia asked and was given permission PROTECTING AMERICANS AND have the singular privilege of rep- THEIR LOCAL BANK ACCOUNTS resenting Rice University, and I join to address the House for 1 minute.) ´ my colleagues from Houston in recog- Ms. LINDA T. SANCHEZ of Cali- (Ms. EDWARDS asked and was given nizing and congratulating them on fornia. Madam Speaker, the House permission to address the House for 1 their 100th anniversary this year. farm bill calls for draconian cuts that minute and to revise and extend her re- Rice has consistently been ranked as hurt our most vulnerable Americans. marks.) one of the Nation’s greatest univer- I’ll be blunt and just get straight to Ms. EDWARDS. Madam Speaker, on sities and recognized by U.S. News & the point. The House-proposed cuts are my way home from work, I stopped at World Report as among the Nation’s completely unacceptable. the local grocery store, and I stopped top 20 universities. And they’ve con- The SNAP program puts healthy food at the bank. My bank is located con- sistently ranked in the top 50 univer- on the table for 46 million Americans veniently between my grocery store sities in the world. every month. In my home State of and the gas station, only minutes from Rice University researchers are pio- California, close to 61⁄2 million people my home. neers in a broad spectrum of fields, in- struggle to put food on the table. An I thought about the last 4 years and cluding space, energy, and my personal even worse statistic—and one that the fights that Democrats in Congress passion, nanotechnology. Nanotechnol- really breaks my heart: almost 21⁄2 mil- are waging to make sure working fami- ogy is an absolute game-changer, revo- lion children each year in California lies can see more money in their bank lutionizing everything that we will have had to go to bed hungry, and it’s accounts. It’s been tough, but we’ve touch and see in the 21st century. Rice simply because their families couldn’t had some successes: reducing out-of- University is the birthplace of nano- afford food. pocket health care expenses with pre- technology research. These proposed cuts to SNAP would ventive care, closing the prescription Nanotechnology holds incredible po- quite literally take food out of the drug doughnut hole, protecting con- tential for everything from curing can- mouths of children. In my district, sumers from overdraft and ATM fees, cer to improving the storage and trans- SNAP helps provide food for seniors, even getting the American auto indus- mission of electricity and moving elec- kids, veterans, and working families. try back on track as a mainstay of tricity in ways that we cannot even About 20 percent of my constituents re- American manufacturing. imagine today, allowing us to minia- port that at some point last year, they But we have some important fights turize devices. Multistage nanopar- couldn’t buy food for themselves or ahead us. We are fighting to keep in ticles will allow the delivery of cancer- their family. I don’t understand why in place critical middle class tax cuts. We curing drugs to individual structures good conscience Congress would ask know Americans can’t afford those tax within cells, allowing scientists to millions of struggling Americans to go hikes. We know American seniors can’t identify diseases at the cellular level, hungry in order to subsidize big agri- afford the drastic cuts in Medicare in things that could not have been pos- business. the Republican Tea Party budget. sible without the groundbreaking work As a country, we cannot afford to Democrats are focused on growing at Rice University. turn our backs on those who need us the economy, creating jobs, and ensur- I congratulate them on their 100th most now. ing that Americans see more money in anniversary today. f our neighborhood bank accounts—not on some other shore, not in some other f DYSFUNCTIONAL POLITICS country, and not on some island. Re- GET SOMETHING DONE (Mr. CARNAHAN asked and was publicans say they worry about the (Mr. BARBER asked and was given given permission to address the House same things, but today they’re repeal- permission to address the House for 1 for 1 minute.) ing health care and protecting the in- minute.) Mr. CARNAHAN. Madam Speaker, terests of millionaires because they Mr. BARBER. Madam Speaker, I rise yesterday, a Republican Representa- care more about those folks than they today as the Member who most re- tive from my State actually told the do about hardworking Americans and cently faced an electorate, and I have truth about the 31st attempt to repeal their local bank accounts. heard loud and clear that the people of the new health care law. He told a St. f southern Arizona elected me for the Louis newspaper that today’s vote is very same reason the people of every just because ‘‘we want to get people on SAY ‘‘NO’’ TO CUTS IN FOOD other district elect their representa- the record.’’ We’ve done that 30 times ASSISTANCE tive, to stand up for them. already. (Mr. PETERS asked and was given I wasn’t here to vote on the Afford- The Affordable Care Act is the law of permission to address the House for 1 able Health Care Act when it passed, the land. It was passed by the Congress, minute.) but I appreciate its benefits and that signed by the President, and found con- Mr. PETERS. Madam Speaker, I rise we must work to improve it. I rise stitutional by the U.S. Supreme Court. in opposition to the proposed $16.5 bil- today to speak against this repeal. This Republican health care repeal lion in cuts to SNAP in the farm bill. We should be here having a robust bill isn’t about people. It’s about more SNAP is the most important discussion about how to make this law divisive, dysfunctional politics. They antihunger program in the Nation,

VerDate Mar 15 2010 01:19 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.044 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4791 helping more than 46 million Ameri- Secretary of Agriculture to more efficiently order seven specific amendments out of cans put food on the table every day. develop domestic sources of the minerals and ten which were filed at the Rules Com- Far too many hardworking mineral materials of strategic and critical mittee. Five of the seven are Demo- importance to United States economic and Michiganders are struggling to feed national security and manufacturing com- cratic amendments and two are Repub- their children. Nearly one in five petitiveness. The first reading of the bill lican. So this is a fair and generous Michigan households face food insecu- shall be dispensed with. All points of order rule and will provide for a balanced and rity each and every day. against consideration of the bill are waived. open debate on the merits of this im- Having met with many of the good General debate shall be confined to the bill portant piece of legislation. folks working in our food banks, and shall not exceed one hour equally di- Madam Speaker, I am pleased to they’re already stretched too thin. I’m vided and controlled by the chair and rank- stand before the House today in sup- appalled that Republicans think that ing minority member of the Committee on Natural Resources. After general debate the port of this rule, and especially the un- it’s a good idea to kick millions of chil- bill shall be considered for amendment under derlying legislation, which is H.R. 4402, dren, seniors, and families off of food the five-minute rule. In lieu of the amend- the National Strategic and Critical assistance so they can provide massive, ment in the nature of a substitute rec- Minerals Production Act of 2012. taxpayer-funded subsidies for wealthy ommended by the Committee on Natural Re- I appreciate the hard work of the agribusinesses. sources now printed in the bill, it shall be in bill’s chief sponsor, the gentleman order to consider as an original bill for the I call on my Republican colleagues to from Nevada (Mr. AMODEI), who under- join me and stand up for those who are purpose of amendment under the five-minute rule an amendment in the nature of a sub- stands this situation very well and has most vulnerable in our society. We stitute consisting of the text of Rules Com- put a great deal of time and effort into need to send a clear message that we mittee Print 112-26. That amendment in the coming up with a rational and legiti- will never vote to take food away from nature of a substitute shall be considered as mate solution to a problem which we hungry children. No one in our country read. All points of order against that amend- face. Mr. AMODEI, as well as the chair- should go hungry. ment in the nature of a substitute are man of the Natural Resources Com- I urge my colleagues to say ‘‘no’’ to waived. No amendment to that amendment mittee, the gentleman from Wash- in the nature of a substitute shall be in order cuts in food assistance. ington (Mr. HASTINGS), are to be com- except those printed in the report of the f Committee on Rules accompanying this res- mended in forwarding this bill to the olution. Each such amendment may be of- full House for our consideration today. THE WORST IS YET TO COME fered only in the order printed in the report, Our Nation has been blessed with tre- (Ms. NORTON asked and was given may be offered only by a Member designated mendous natural resources, and over permission to address the House for 1 in the report, shall be considered as read, the last century these abundant re- minute and to revise and extend her re- shall be debatable for the time specified in sources are one of the key reasons that marks.) the report equally divided and controlled by has allowed our Nation to emerge as a the proponent and an opponent, shall not be Ms. NORTON. Madam Speaker, Re- subject to amendment, and shall not be sub- leading world economic and industrial publican attacks on lifesaving access ject to a demand for division of the question power. In many aspects, we have only to contraceptives in the health care act in the House or in the Committee of the scratched the surface with regard to is one in a series on women’s reproduc- Whole. All points of order against such the development of these abundant tive health this term. The worst is yet amendments are waived. At the conclusion natural resources, whether it be in en- to come in the planned markup of H.R. of consideration of the bill for amendment ergy, such as coal or oil shale or nat- 3803, to ban abortions after 20 weeks. the Committee shall rise and report the bill ural gas deposits, or whether it be in Cloaked as a restriction on D.C. to the House with such amendments as may various natural minerals. have been adopted. Any Member may de- women, the bill merely uses them for a mand a separate vote in the House on any One of the cornerstones of manufac- frontal attack on Roe v. Wade that amendment adopted in the Committee of the turing in the United States includes guarantees abortion rights until viabil- Whole to the bill or to the amendment in the the access to a stable and steady sup- ity, as determined by a physician. nature of a substitute made in order as origi- ply of these types of resources. Unfor- The Franks bill picks on D.C. women nal text. The previous question shall be con- tunately, in recent decades, much of because anti-choice opponents lack the sidered as ordered on the bill and amend- the development and mining of these courage of their own convictions, or ments thereto to final passage without inter- domestic mineral resources has been they would have made the 20-week vening motion except one motion to recom- mit with or without instructions. hampered or shut down entirely by a abortion ban a nationwide bill. That, of combination of special-interest politics The SPEAKER pro tempore. The gen- course, would bring on the wrath of the by certain self-appointed environ- tleman from Utah is recognized for 1 American people who support choice. mental groups and by bureaucratic red Judging by their reaction even before hour. Mr. BISHOP of Utah. Madam Speak- tape here in Washington. Often these markup, women see through the cyni- er, for the purposes of debate only, I two factors seem to go hand in hand, cism and are poised to protect their yield the customary 30 minutes to the particularly under the current admin- constitutional rights. istration. gentleman from Colorado (Mr. POLIS), f pending which I yield myself such time We have all felt the pain of seeing what these failed policies have done to b 1240 as I may consume. During consider- ation of this resolution, all time yield- energy production in our country. We PROVIDING FOR CONSIDERATION ed is for the purpose of debate only. are more dependent than ever on for- OF H.R. 4402, NATIONAL STRA- GENERAL LEAVE eign sources, increasing our trade im- TEGIC AND CRITICAL MINERALS Mr. BISHOP of Utah. I ask that all balance, sending our dollars overseas, PRODUCTION ACT OF 2012 Members have 5 legislative days during often to areas of the world that do not have our best interests at heart. It has Mr. BISHOP of Utah. Madam Speak- which they may revise and extend their led to escalating gas prices and esca- er, by direction of the Committee on remarks. lating price spikes for energy and other Rules, I call up House Resolution 726 The SPEAKER pro tempore. Is there commodities, and has made our econ- and ask for its immediate consider- objection to the request of the gen- omy more vulnerable to external inter- ation. tleman from Utah? national forces largely beyond our im- The Clerk read the resolution, as fol- There was no objection. Mr. BISHOP of Utah. This resolution mediate control. These failed policies lows: provides for a structured rule for con- have also led to job losses in the United H. RES. 726 sideration of H.R. 4402, which is the Na- States in the energy and mining sector, Resolved, That at any time after the adop- tional Strategic and Critical Minerals which historically and ironically have tion of this resolution the Speaker may, pur- Production Act, and provides for 1 hour been some of the highest paying jobs suant to clause 2(b) of rule XVIII, declare the that middle class work has available. House resolved into the Committee of the of general debate, equally divided and Whole House on the state of the Union for controlled by the chairman and rank- The bureaucratic delays and regula- consideration of the bill (H.R. 4402) to re- ing minority member of the Committee tions regarding the mining of strategic quire the Secretary of the Interior and the on Natural Resources, and makes in and critical minerals is the exact same

VerDate Mar 15 2010 04:11 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.028 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4792 CONGRESSIONAL RECORD — HOUSE July 11, 2012 thing. By their very nature, these min- Natural Resources Committee that ed, the legislation threatens to in- erals are absolutely essential to manu- would address the strategic need for crease pollution of water in our West- facturing in electronics, metal alloys, critical minerals. However, that is not ern United States. For States already ceramics, glass, magnets, and catalysts the bill that is being brought forth dealing with the extreme drought con- used in countless commercial and, es- under this rule. Instead, we essentially ditions like my home State of Colo- pecially, defense applications. have yet another rollback of public rado, also the site of several deadly Procurement of certain strategic and health, of water and environmental fires, the last thing we need is to jeop- critical minerals is so crucial that the protections for the mining industry, ardize our already scarce water re- Department of Defense and the Defense which is our Nation’s top toxic pol- sources. We can’t afford to affect our Logistics Agency manage stockpiles of luter. water quality and quantity with addi- such materials which are deemed so So I’m very disappointed that the tional mining operations without un- critical that an adequate supply must House majority has chosen to bring derstanding their impacts on our water be maintained at all times to ensure forward this bill instead of the bipar- supplies. national military preparedness and tisan bill that passed committee. It Democrats and Republicans agree readiness. shuts out several sensible amendments that we should be crafting a strategy More and more, we have seen that that have been offered by Democratic to develop our rare Earth and other these materials are unfortunately Members. And the underlying legisla- critical minerals. In fact, a year ago in being purchased from overseas and not tion doesn’t limit itself to strategic this very same Congress the Natural from U.S. producers, making us wholly and critical minerals. In fact, it’s so Resources Committee marked up H.R. dependent upon other countries to en- broad that, despite the bill’s title, it 2011, a bill supported by the National sure our own national security. Crit- would expand mining companies’ abil- Mining Association and a bill that had ical weapons visions, such as night vi- ity to mine on public land for nearly strong bipartisan support that would sion equipment, advanced lasers, avi- all minerals, including plentiful min- help develop our rare Earth and other onics, fighter jet canopies, missile erals like sand and clay and even coal. critical minerals. So why aren’t we guidance systems, and many, many So this really is not a discussion of considering that bill on the floor others could not be built without these strategic and critical minerals if we’re today? Instead, we’re considering an rare Earth minerals. talking about sand and clay. ideological bill that will go nowhere The primary duty of Congress under In fact, yesterday, in our Rules Com- and has a statement of opposition from the Constitution is to provide for the mittee, Chairman HASTINGS admitted the President as well. common defense. This bill takes us in during the Rules Committee hearing Why the House majority sees a need the right direction for helping to re- when questioned by Mr. MCGOVERN for this legislation to promote mining store U.S. domestic production of crit- that this bill applies to a lot more than is somewhat mystifying, considering strategic and critical minerals. In fact, ical and strategic minerals by facili- that under President Obama’s adminis- Chairman HASTINGS, when asked on tating a more timely permitting proc- tration the average time it takes to ap- this issue, said: ess review for mineral exploration prove a plan of operation for a mine projects and to ensure that such essen- We talk about a form of minerals as being has decreased substantially. According rare Earth. There’s no question they are to BLM data, plans of operation for tial mineral mining projects are not rare. But to say that some minerals aren’t delayed unnecessarily by frivolous liti- critical to our well-being I think defies logic. hardrock mines are being approved 17 percent more quickly under the Obama gation. Chairman HASTINGS went on to cite administration than the Bush adminis- Let me be clear, this bill does not the use of sand and gravel to build our tration. Eighty-two percent of plans of predetermine the outcome of agency interstate system as an example of a operation were approved within 3 years review of such permit applications. It critical use. merely brings clarity to the process A lot of what the gentleman from under the Obama administration. Ac- and ensures that the appropriate agen- Utah said is true and is important. cording to the BLM, it takes, on aver- cies will not unreasonably delay con- However, when we’re talking about age, 4 years to approve a mining plan sideration but will, at the conclusion of sand and gravel, they don’t fit the com- of operations for a large mine—more 30 months, issue either a ‘‘yes’’ or ‘‘no’’ monsense definition of the Strategic than a thousand-acre mine—on public decision based on the merits of each in- and Critical Minerals Production Act lands. There’s a lot of issues—county dividual application. that were cited by the gentleman of issues, civic issues, economic issues— This bill will also help cut the flow of being of national importance. around a thousand-acre mine. And frivolous lawsuits, which are often filed So the chairman of the committee there needs to be a thoughtful process simply as delay tactics. has made clear this bill isn’t about rare about how it affects communities It’s a good bill. It’s a fair rule and a Earth minerals at all. It’s not the kind where it is located and how it affects good underlying bill, and I urge its of bipartisan bill that’s targeting crit- air and water. adoption. ical resources. Rather, it’s about giving Mining companies already extract I reserve the balance of my time. mining companies a blank check to billions of dollars of minerals from our public lands. This bill would continue b 1250 take anything they want out of the ground anywhere, anytime. to line the pockets of an industry that Mr. POLIS. I thank the gentleman Under the bill, the mining sponsor is already has significant profit margins, from Utah for yielding me the cus- handed control over the timing of the and actually this bill jeopardizes jobs tomary 30 minutes. I yield myself such permitting decision, irrespective of the and our economic recovery by failing time as I may consume. project’s impacts on natural, cultural, to take into account the local eco- Madam Speaker, I rise in opposition historic resources, its local impact, nomic impact of mines—and not min- to the rule and the underlying bill, taking into account the effect on the ing for strategic and critical mineral H.R. 4402, the National Strategic and economies of our counties, and jobs. production but mining for nearly ev- Critical Minerals Production Act. Rather, it gives the mining companies erything under the sun, including clay Much of what the gentleman from Utah a blank check. It permits nearly all and gravel, again. said I agree with in terms of the stra- mining operations to circumvent So I think, again, while we can be tegic need for critical minerals for our meaningful public health and environ- grateful that President Obama has ac- industrial and military production. mental review processes. And when you celerated the approval process, there’s However, that’s only a teeny part of consider the large and complex mining certainly work to continue. I urge my what this bill does. operations covered under this bill, it’s colleagues to bring forth a bipartisan Now my colleague, Mr. TONKO, offers even more inappropriate to reduce or bill that would specifically look at real an amendment that would in fact limit eliminate the public comment or re- strategic and critical minerals. But this bill, the National Strategic and view process because of the sheer size this bill and this rule are unduly re- Critical Minerals Production. In addi- of some of these projects. strictive, and I encourage my col- tion, it’s my understanding that bipar- The actual harm that this legislation leagues to vote ‘‘no.’’ I reserve the bal- tisan legislation has emerged from the would produce is far-reaching. As draft- ance of my time.

VerDate Mar 15 2010 01:19 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.030 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4793 Mr. BISHOP of Utah. I am pleased to So I think it’s something that the This week, it’s the mining industry, yield 2 minutes to the gentleman from President should be reaching out to ladies and gentlemen. Come on down. New Mexico (Mr. PEARCE), who under- this body and saying, ‘‘Yes, good, go.’’ You are this week’s big winner in the stands this issue very directly with his I would thank the sponsor for bringing GOP giveaway game. The mining in- experience both on the Resources Com- the bill. Let’s work together to create dustry is the big winner on this give- mittee as well as in his home State of jobs and get those mining industries away show here today on the House New Mexico. back here in America. floor. That’s because the bill that the Mr. PEARCE. I appreciate the gen- majority is bringing to the floor to- b 1300 tleman yielding. morrow, despite being entitled the Na- I rise today in support of the rule for Mr. POLIS. Madam Speaker, I would tional Strategic and Critical Minerals H.R. 4402, the National Strategic and like to yield 4 minutes to the gen- Act, has absolutely nothing to do with Critical Minerals Production Act. The tleman from Massachusetts, the distin- developing these minerals. In fact, this gentleman from Utah has stated it guished ranking member of the Com- bill is all about gutting the environ- right: It’s a fair rule, it’s a good bill. mittee on Natural Resources, Mr. MAR- mental safeguards and the proper re- All it does is simply defines a critical KEY. view of large mining projects on public mineral as any related to national se- Mr. MARKEY. I thank the gentleman lands for virtually all minerals, includ- curity or the Nation’s energy infra- from Colorado. ing coal. structure. That clarity is needed. But We are just hours removed from Under this legislation, sand appar- additionally, it affects one thing that House Republicans’ voting to take ently could be considered as rare. Grav- the people are constantly clamoring away health care for 30 million Ameri- el could be a critical mineral. Crushed about in my particular district: Where cans and put the insurance companies stone or clay could be a strategic re- are the jobs? back in charge of our health care sys- source. Even abundant minerals like This bill understands what the Presi- tem. And it’s back to business as usual gold, silver, or copper could potentially dent began to hint at in his March 22, for the GOP-controlled House. qualify as a rare Earth product under 2012, executive order. The President in Yes, it’s time to get back to more this bill and have lower environmental that executive order said: giveaways to the Nation’s wealthiest standards as a result in drilling for Our Federal permitting and reviews proc- companies. Because when House Re- them that would endanger ordinary esses must provide a transparent, consistent, publicans aren’t voting to take away families again and their health. But of and predictable path for both project spon- health care from ordinary Americans, course they would never provide any sors and affected communities. They must from poor Americans, they’re voting health care benefits for them because ensure that agencies set and adhere to for ‘‘wealth care’’ for the most profit- that’s the other bill we’re going to be timelines and schedules for completion of re- able industries in the history of the having out here on the House floor and views, set clear permitting performance gutting here today. goals, and track progress against these United States of America. In fact, the goals. majority continues to bring largely the Indeed, the only rarities created under the Republican bill would be en- The President has moved toward the same legislation to the floor over and vironmental protections or public problem that we see in this country— over again, only the name of the indus- try reaping the windfall changes. input. that many of our mines are moving The SPEAKER pro tempore. The outside this Nation. New Mexico used Two weeks ago, the Republican ma- jority voted to give away nearly all of time of the gentleman has expired. to be the home for 11 rare Earth min- Mr. POLIS. I yield the gentleman an eral mines. Today, it’s the home of our onshore public lands to the oil and gas industry. The majority has passed additional 1 minute. zero. Those mines have relocated over Mr. MARKEY. And while this bill bills to put rigs off our beaches in Cali- in China. provides new giveaways to large multi- fornia, off our beaches in Florida, and As we look at the rare Earth min- national mining companies, it does off our beaches in New Jersey without erals, those are strategically impor- nothing to change the Mining Law of passing any new safety requirements tant. That’s one thing that this bill at- 1872—1872, ladies and gentlemen—which after the BP oil spill just 2 years ago. tempts to get at—the definitions that allows mining companies to pull tax- They have passed legislation to allow will really give teeth to the President’s payer-owned hard rock minerals out of old-growth forests to be clear-cut and executive order from March 22. our public lands without giving Ameri- to hand over land to a multinational People in New Mexico constantly cans a fair payment. In fact, under the mining company without protecting ask: Why don’t the two parties work 140-year-old law, mining companies can together? I think there are many op- Native American sacred sites or local extract gold, silver, uranium, copper, portunities for the parties to work to- water quality. and other hard rock minerals without gether. The President has begun the In fact, this Republican majority has paying taxpayers one cent in royalties process, and we’re simply adding the cast so many votes to give away our for the minerals on the public lands of reverse piece to it that would make it public lands to the oil, the gas, the the United States of America. This law a completed argument. The President mining, and the timber industries, it’s isn’t just outdated, it’s outrageous. has said in the past, for instance, that almost hard to remember which indus- These are the same people here who we’re not working together, and he has try is getting a special giveaway each are saying we can’t afford to pass the stated in both the last two States of week. law which protects against preexisting the Union that we must reform cor- So I have a suggestion that I think conditions in health care of ordinary porate taxes. could help everyone out there keep Americans. These are the people here The SPEAKER pro tempore. The track. Each week, we can consult this saying we can’t pass a bill to protect time of the gentleman has expired. handy-dandy chart, the ‘‘GOP Wheel of against discrimination against women Mr. BISHOP of Utah. I yield the gen- Giveaways,’’ to figure out which indus- in our society. tleman an additional 1 minute. tries are going to get their turn bene- The SPEAKER pro tempore. The Mr. PEARCE. I requested the Presi- fiting from handouts from my col- time of the gentleman has again ex- dent work with us to affect those leagues on the other side of the aisle on pired. taxes. Let’s lower those corporate the same day they’re going to take Mr. POLIS. I yield the gentleman an taxes. Let’s get companies back here. away health benefits from the poor, the additional 30 seconds. But the President has at this point sick, the elderly, and ordinary families Mr. MARKEY. This law isn’t jut out- kept those discussions at arm’s length. in America. dated, it is outrageous. This bill is simply another attempt to Let’s see who the big winners are on On the game show ‘‘The Price is reach out to the President and say we the House floor today as they take Right,’’ a $1 bid is strategic. But under all want to create jobs. We want com- away the health care benefits for ordi- the Republican giveaway game show, it monsense solutions to the problems nary people. Let’s give it a spin here. is an actual price that these huge in- that we face. Work with us to define Let’s see what happens as we look at dustries can continue paying for the the strategic and critical minerals. what is happening out there in this rights to our public lands. The Repub- And let’s do it in this act. great land of ours this week. licans want to continue giving away

VerDate Mar 15 2010 01:19 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.031 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4794 CONGRESSIONAL RECORD — HOUSE July 11, 2012 grazing rights for a little more than $1 of these permits should be of no sur- would encourage him to support Presi- per acre and allow oil companies to prise to us. They are the same gang dent Obama’s proven track record of warehouse public lands for $1.50 an who routinely stand in the way of tech- success in accelerating the access to acre. nological and scientific advancement. public lands, a 17 percent improvement And after more than 250 votes That’s right, extreme environmental- in speed of access over the Bush admin- against the environment and more ists—I remember Ronald Reagan said istration. than 110 votes to benefit the oil and gas that some of these people would rather With that, I yield 2 minutes to the industries, the American people are live in a bird nest—some of whom are gentleman from New York (Mr. TONKO). going to look at the record of this Re- Federal bureaucrats and some of them, Mr. TONKO. I thank the gentleman publican majority and say, ‘‘No deal.’’ of course, belong to activist organiza- from Colorado. I urge a ‘‘no’’ vote on the Republican tions that seem to sue for sport and I rise in opposition to this rule. proposal. constantly stand in the way of any de- There is no reason we could not have Mr. BISHOP of Utah. Madam Speak- velopment of natural resources that an open rule on this legislation—well, er, if the gentleman would stay here a were put here by God not to be sitting unless there are amendments the ma- second, I understand from the Congres- in the ground, but to help ordinary jority does not want the Members to sional Quarterly that it is your birth- people live well. vote on. Obviously, my colleague, Rep- day today. In which case, to the gen- b 1310 resentative HOLT, has offered one such tleman from Massachusetts, I wish you amendment. The Rules Committee did a happy birthday. The people who are stopping us from not make his amendment to require I appreciate the visual that you had. getting those minerals are standing in companies that earn a profit mining on Unfortunately, as you tried to spin it, the way of ordinary people having a de- public lands to disclose their public do- we realized it didn’t work. So hopefully cent life, which is so important and nations in order. Why not? Vast we’re so proud of here, that every that is for your birthday party because amounts of secret money are ruining American should have those opportuni- nothing else works. But I appreciate our democracy. ties. It is the ultimate irony that free and I wish you a happy birthday. This mindset that puts the well-being I yield the gentleman from Massa- speech now has such a high cost. Our of insects above the health, safety, and chusetts 30 seconds. democracy has truly become the best quality of life of human beings has con- Mr. MARKEY. I thank the gen- that secret money can buy. That’s not tributed to the 8.2 percent unemploy- tleman. good news for the average voters who ment rate—and that’s a low figure, as And if it were possible to retard the do not have tens of thousands of dol- far as I’m concerned. The real unem- aging process, that would be something lars to shower on their preferred can- ployment is far beyond that. But the that I think all of us could agree upon. didates. restrictions that we’ve had on our peo- But in the absence of that break- Representative HOLT’s amendment ple that would like to use these natural through medically, I thank the gen- would shine some light on this practice resources for the well-being of our peo- tleman for his bipartisan wishes of a and ensure that the entities profiting ple has contributed to that unemploy- happy birthday. from public resources are accountable ment. Mr. BISHOP of Utah. And as someone Fortunately, however, we are here to the electorate. The public, I believe, with whiter hair than you have, I un- today to say that we’ve had enough. has a right to know, a right to know derstand what you’re talking about. The SPEAKER pro tempore. The who is funding our elections. Appar- I yield 3 minutes to the gentleman time of the gentleman has expired. ently, under this rule, they don’t even from California (Mr. ROHRABACHER), Mr. BISHOP of Utah. I yield the gen- have the right to know where Members who does indeed have some of these in- tleman an additional minute. of this House stand on this issue. dustries in his district and understands Mr. ROHRABACHER. I would say Mr. BISHOP of Utah. Could I inquire full well what this bill is actually at- that luckily we are coming to our of the gentleman from Colorado how tempting to accomplish. senses and having courage enough to many additional speakers he has. Mr. ROHRABACHER. I rise in sup- stand up to this obstructionism by set- Mr. POLIS. We have one remaining port of the rule and rise in support of ting reasonable time limits for litiga- speaker at this point. We might have H.R. 4402. tion and by setting a total review proc- one other, but we have one currently Tomorrow, we will be considering ess for the issuing of permits to 30 here. H.R. 4402, that takes significant steps months; 30 months is a very reasonable Mr. BISHOP of Utah. Then, Madam towards making much-needed reforms time. Speaker, let me yield myself just 1 to our Nation’s mineral exploration The reforms that we put in place will minute. and mineral permitting process. H.R. ensure that American mineral mining To try and put things in parameter of 4402 will force the hands of unyielding projects are not indefinitely delayed by what we’re actually doing in this bill, bureaucrats who seem intent on ob- frivolous lawsuits or by unwilling bu- in the sixties to the eighties, the structing any and all mining, despite reaucrats, or by activists who, as I say, United States was actually the leader the detrimental effects that their ac- care more about the habitat of insects in the production of most of these min- tions have on the American people. and lizards than they do about the erals. Today, 97 percent of the rare At a time when China threatens to well-being of the American people. Earth oil, or 97 percent of the rare hamstring our military capabilities I come from California. I am a surfer, Earth oxide, 89 percent of the rare and cripple American health care, tele- and I am in the water a lot—anytime I Earth alloy, 75 percent of—I can’t pro- communications, and renewable energy can get out there. We have had offshore nounce the words—and 60 percent of markets by controlling or reducing our oil and gas reserves in the hundreds of the small cobalt magnets all come access to rare Earth minerals, we must billions of dollars available to us, but from China. We have lost that to them. take responsible action to ensure our denied the people of California. Even as The reason for doing that is actually access to minerals that are vital to our we cut the programs that our seniors part of bureaucratic delay. prosperity and security. In short, the and our children need, these radicals Once again, unlike a lot of comments timely licensing of mineral applica- will not let us get to those oil and nat- that have been made about this bill, it tions is critical to our Nation’s sur- ural gas resources. That is a sin doesn’t pick winners or losers. It vival and to preserving the American against those older people in California doesn’t even change the process. All it way of life, which is opportunity for all and the young people. does is tell the bureaucracy in Wash- to live a decent life. We need to clean up that situation. ington to do it, to do it within 30 days, While investigating this issue, the Whose side are we on? We’re on the side making sure that we have now sped up Natural Resources Committee found of ordinary Americans leading a decent the process so that we now can do that it often takes over 10 years for life, and that’s what this bill is all something. Instead of in 7 years, in 4 agencies to license mineral projects. about. years, does not help reality. That’s the This is simply unacceptable. But the Mr. POLIS. Well, in briefly address- point of this bill. It has nothing to do forces that arrogantly stand in the way ing the gentleman from California, I with other issues. It’s only trying to

VerDate Mar 15 2010 01:19 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.034 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4795 get the process to be sped up so deci- he will remind us all that no environ- that the Department of Agriculture sions are made in a timely fashion. mental laws are waived by this process; and the Department of the Interior are With that, I reserve the balance of it’s about timing. And, number two, he doing, I assume they’ll give them the my time. will clarify that when I said 30 days, I ability to make that finding. And if Mr. POLIS. Madam Speaker, it’s my meant 30 months. That’s why I don’t somebody doesn’t like it, under this honor to yield 2 minutes to the gentle- talk well without a script in front of bill they’ve got 60 days to sue them on woman from Texas (Ms. JACKSON LEE). me. it. But we don’t want you to know that Ms. JACKSON LEE of Texas. I thank I yield 5 minutes to the gentleman because we’re going to spin wheels and the gentleman. from Nevada (Mr. AMODEI), who has talk about the giveaway of the day. Frankly, I would say to my good clearly understood this issue and put it By the way, while we’re giving stuff friend on the other side of the aisle together. away, please show me in the bill where that there probably could be, in many Mr. AMODEI. I thank my colleague it says that you get a certain result? instances, common ground about the from the Beehive State. And when we talk about reducing the exporting of mineral exploration. Many I want to start out with, obviously, time, this says, both sides can execute of us would look to this as a positive support for the rule. I think the rule is agreements that say 30 months. Okay? strategy for creating jobs. very open in the context of the legisla- Guess what? It also says, oh, by the I think it is important to say to my tion. way, if both sides agree, you can ex- friends that, in fact, this bill is not For those that haven’t reviewed the tend the 30 months. Now, for those who even coming to the floor of the House legislation, it’s about 111⁄2 pages long. are familiar with the process and how today. It is not even going to be de- It’s available out here; it’s available that works, tell me how an applicant is bated today. So that is one fracture, if online. I recommend you to do it. Be- benefited by a nice, crisp 30-month we talk about creating jobs. cause when we talk about what it real- ‘‘no.’’ But another fracture is, of course, ly does, it’s not a wheel of giveaways. So if there’s an issue about water that we are substituting this legisla- When you talk about strategic and quality, or there’s an issue about any- tion—that might, if it was bipartisan, critical minerals, here are some words thing that is being talked about—oh, be able to move forward on creating from the bill: ‘‘Strategic and critical and can I see the repeal sections on jobs—for wasting time and casting minerals means minerals that are nec- NEPA? I don’t see that language in votes and debating on the Affordable essary.’’ here. Care Act, an act that has already prov- Here’s some thoughts to ponder: na- You know, I don’t envy Federal land en that it has saved lives, provided cov- tional defense and national security. use managers. It’s a tough job. And erage for small businesses; exempted Now, do you know what those minerals when you look at this, see the red? businesses under 50 persons, allowing were 10 years ago, and do you know That’s federally-owned property. This them to have insurance; closed the what they’re going to be 10 years from is to talk about the time it takes to doughnut hole on the prescription drug now? It’s not meant to be as specific— process a permit request to mine on benefit; and saved billions of dollars. and my colleague from Colorado is ab- federally-owned property. Here in this legislation, of course, solutely right, these are broad defini- So, with all due respect, and plenty one of the challenges that I have is tions because, you know what, we don’t of respect for my colleague from Colo- that even though one would call this a do this every day. We’re not going to rado, who’s in this, knows it, 36 percent bureaucracy, in actuality it is expe- check this every year and spend time of his State is federally owned, no dis- diting and overlooking the National like this on it. So when you talk about respect to the birthday boy who’s Environmental Policy Act, and there- some flexibility there, it’s not an acci- somewhere south of 1 percent. fore expediting necessary environ- dent; it’s supposed to be broad. When you talk about economic devel- mental review. It is being called an Here’s another thing: strategic and opment, regardless of whether you’re ‘‘infrastructure project’’ for purposes critical. How about the Nation’s energy riding an elephant or a donkey, guess of the executive order entitled Improv- infrastructure? Kind of important if what? This complicates it. So, when ing Performance of Federal Permitting you care about things like energy, re- you talk to those Federal land use that was designed to reduce permitting gardless of what side of the fence managers locally and you talk about time. But more importantly, there are you’re on. things, just a couple more things here, environmental impacts that should be A couple other things. Strategic and because we can’t have this. I mean, considered. critical, those minerals, to—here it is this is awful stuff. If we talk about en- There is no opposition to creating out of the bill—support domestic man- hanced government coordination, per- jobs. There is no opposition to the ufacturing. Oh, my goodness. How mitting review, engage other agencies value of our minerals. But I do believe about support agriculture? Don’t care and stakeholders early in the process, there is opposition to expediting the about that. coordinate and consult with project process and excluding an environ- proponents and opponents. I mean, I’m 1320 mental review and, more importantly, b sorry. limiting this debate—that might create How about support housing, tele- And by the way, where’s the part in jobs, might have opportunities for communications? There was a mention the NEPA bill that was enacted in 1969 more amendments, might have more of health care. Are those strategic and that said what we’re really trying to do time on the floor—by what we’re going critical for the lifestyle or the health here is see how long you can wait with to do today, which is frivolity, again, and welfare of this Nation? that application pending? for those of us who believe that we can Strategic and critical. Transpor- So guess what? If you get a ‘‘no,’’ you come together in a bipartisan way to tation infrastructure. Oh, and the last get it in 30 months. Or if there are le- work on the underlying premise of the couple of things, the Nation’s economic gitimate issues that aren’t taken care Affordable Care Act of saving lives, ex- security and balance of trade. God for- of in 30 months, why wouldn’t you, as panding opportunities, and adhering to bid that we think about those things an applicant, say, you know what? the Supreme Court’s decision that this when we talk about the minerals indus- We’ll execute something, as provided in is the right law of the land that works try. Are those broad? They absolutely this bill, to say you get six more for all people. are. months. Going off to court is not the I’d ask my colleagues on the under- But here’s the part that nobody men- optimal thing for anybody. lying rule to oppose it, and maybe we tions. There is nothing in those 111⁄2 The SPEAKER pro tempore. The can get down to the work of the people pages that say that a Federal land time of the gentleman has expired. of the United States of America. manager can’t, in response to an appli- Mr. BISHOP of Utah. I yield the gen- Mr. BISHOP of Utah. Madam Speak- cation, say, my first finding is that it tleman an additional 30 seconds. er, I am happy to yield 5 minutes to is not a critical and strategic mineral. Mr. AMODEI. We talk about addi- the sponsor of this particular piece of So if somebody comes in for sand and tional giveaways or whatever. Nobody legislation, who will do a couple of gravel, and it’s not that important, gets anything out of this other than things, I hope, as he gets up there. One, then guess what? Under the regulations they get a time certain in the review

VerDate Mar 15 2010 01:19 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.036 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4796 CONGRESSIONAL RECORD — HOUSE July 11, 2012 process. And if there’s more time need- ther. Most Americans not only oppose Francisco, California, without whom ed, then guess what? It provides for this law, but they fully support repeal- there would not be an Affordable Care that. ing it. Act, and we greatly appreciate her ef- What’s the idea here? Collaboration The American people were told that forts. between Federal land managers and taxes on the middle class wouldn’t go Ms. PELOSI. I thank the gentleman stakeholders, all stakeholders. If up if this bill passed. Well, guess what? for yielding. you’re an applicant, you want a ‘‘yes,’’ There are 21 tax increases in this Madam Speaker, more than 2 years but there’s no magic in getting a 30- health care law, and at least a dozen of ago, we put forth a vision for America’s month ‘‘no.’’ them hit the middle class. middle class to ensure health care My final point is this. When you talk And let me just give you a glimpse of would be not a privilege for a few but about the changes that have been made the damage that all these tax hikes a right for all Americans. by the present administration in per- will do to our economy. A tax on Today and yesterday—for the past 2 mitting time, I find it incredibly inter- health insurance providers will end up days—as they’ve done more than 30 esting to hear in committee that that costing up to 249,000 jobs, according to times in this Congress, the Republicans permitting time was actually less than the National Federation of Independent are set to take away that right. Over what this proposes. Business. the past 2 days, we have heard the This cuts nobody off. It’s a good A tax on health care manufacturers talking points of the health insurance place to talk, and it gets rid of the part will put as many as 47,000 jobs in jeop- industry. They’re trying to drown out that is never in NEPA, which is, we’re ardy, according to one nonpartisan es- the facts, and the facts are these: going to outwait you and hope you go timate. Then you’ve got the employer What is the takeaway from this de- away. mandate, which will affect every job bate? The takeaway is the protections Mr. POLIS. Madam Speaker, I’m pre- creator with 50 or more employees. House Republicans are voting to take pared to close. Bad bill, bad idea, bad Let’s take White Castle, a company away from America’s families: rule. I urge a ‘‘no’’ vote. in my home State. They say that the Today, up to 17 million children have I yield back the balance of my time. employer mandate would eat up most the right to health care coverage even Mr. BISHOP of Utah. Great bill, fair of their net income starting in 2014. if they have diabetes, asthma, leu- rule. I urge adoption. And that’s on account of just one pro- kemia, or any other preexisting med- I yield back the balance of my time vision in the law. ical condition. Put an ‘‘X’’ next to and move the previous question on the And then there’s the individual man- that. Republicans want to take away resolution. date that the Supreme Court has now protections for children with pre- The previous question was ordered. ruled is a massive tax. The Congres- existing conditions; The SPEAKER pro tempore. The sional Budget Office says that roughly Today, all young adults have the question is on the resolution. 20 million Americans will either have right to get insurance on their parents’ The question was taken; and the to pay this tax or be forced to buy in- policies. Republicans want to take Speaker pro tempore announced that surance that they wouldn’t have pur- away that right from America’s stu- the ayes appeared to have it. chased otherwise. dents and young people. Where we have Mr. POLIS. Madam Speaker, on that You add it all up, the tax increases in that coverage for young adults, put an I demand the yeas and nays. this health care law will take at least ‘‘X’’ next to that; The yeas and nays were ordered. $675 billion out of our pockets over the Today, 5.3 million seniors have saved The SPEAKER pro tempore. Pursu- next 10 years. All this at a time when $3.7 billion on their prescription drugs. ant to clause 8 of rule XX, further pro- employers are just trying to get by. Republicans want to take away pre- ceedings on this question will be post- Listen, I think there’s a better way, scription drug savings for seniors; poned. and that’s why we’re here today. Amer- Today, small business owners have f icans want a step-by-step approach used tax credits to help them afford in- surance already for 2 million addi- REPEAL OF OBAMACARE ACT that protects the access to care that they need from the doctor they choose tional people, and the bill is not fully The SPEAKER pro tempore. Pursu- at a lower cost. They certainly didn’t in effect. Republicans want to take ant to clause 1(c) of rule XIX, further ask for this government takeover of away the tax credits for businesses to consideration of the bill (H.R. 6079) to their health care system that’s put us help their entrepreneurship and job repeal the Patient Protection and Af- in this mess that we’re in today. creation; fordable Care Act and health care-re- At the beginning of this Congress, Today, nearly 13 million Americans lated provisions in the Health Care and the House voted to repeal this health are set to benefit from $1.1 billion in Education Reconciliation Act of 2010, care law. It was our pledge to America, rebates from health insurance compa- will now resume. and we kept it. Unfortunately, our col- nies. Republicans want to take away The Clerk read the title of the bill. leagues in the Senate refused to follow those cost savings from America’s fam- Mr. CANTOR. Madam Speaker, it is suit, and since then, we’ve made some ilies; my honor to yield 1 minute to the bipartisan progress on repealing parts Today, American women have free Speaker of the House, the gentleman of this harmful health care law, includ- coverage. They have a right to free from Ohio (Mr. BOEHNER). ing the 1099 paperwork mandate. coverage for lifesaving preventative Mr. BOEHNER. Let me thank my But this law continues to make our care like mammograms. Starting in colleague for yielding, and say to my economy worse, and there’s even more August, women will gain free access to colleagues, I rise today in strong sup- resolve to see that it is fully repealed. a full package of preventative services. port of H.R. 6079, a legislation that Now, I think this is an opportunity No longer will a woman be a pre- would repeal the President’s health to save our economy. And for those existing medical condition, but Repub- care law. who still support repealing this harm- licans want to take away those protec- When this bill passed, we were prom- ful health care law, we’re giving our tions from women and all Americans. ised that the health care law would colleagues in the Senate another Many across the country have heard lower costs and help create jobs. One chance to heed the will of the Amer- our Republican colleagues claim that congressional leader even suggested it ican people. And for those who did not very few people are affected by the pre- would create 400,000 new jobs. support repeal the last time, it’s a existing condition provision of the law. Well, guess what? It didn’t happen. chance for our colleagues to reconsider. The fact is: The Republicans are wrong. This bill’s making our economy worse, For all of us, it’s an opportunity to do The fact is—you be the judge—138 mil- driving up the cost of health care, and the right thing for our country. lion Americans have preexisting med- making it harder for small businesses ical conditions. to hire new workers. b 1330 I ask our friends on the other side of The American people were told that Mr. LARSON of Connecticut. Madam the aisle: Do you know anybody with they’d come to like this bill once it Speaker, I yield 1 minute to our Demo- breast cancer? with prostate cancer? was passed. Well, that didn’t happen ei- cratic leader, the gentlelady from San with asthma? with diabetes? people

VerDate Mar 15 2010 01:19 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.038 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4797 with disabilities? The list goes on and It’s about strengthening the middle The Affordable Care Act will ensure that on. With this bill that you have on the class, honoring the entrepreneurial women have access to preventative health floor today, you will take away their spirit of our country, putting medical services such as mammograms and life sav- decisions in the hands of patients and ing cancer screenings—and in August, many rights to affordable coverage. women will have access to even more preven- That is why the American Cancer So- their doctors. This is about innovation, tive health services such as well-women vis- ciety opposes this repeal effort and prevention, wellness. It’s about the its and birth control without co-pays or their ‘‘13 million cancer patients and good health of America as well as good deductibles. survivors who need access to adequate health care for America. It’s about re- Access to birth control is a critical issue to and affordable coverage.’’ That’s why storing and reigniting the American many Latinas and their families. Over 50 per- they oppose this repeal effort, the Dream and living up to the vows of our cent of all Latinas have experienced a time in their lives when the cost of prescription American Cancer Society. Founders of life, liberty, and the pur- suit of happiness. It’s about a healthier birth control made it difficult for them to Do any of you know the millions of consistently use it. Americans living with a disability? life, the liberty and freedom to pursue The Affordable Care Act will end gender With this bill, you take away their happiness as defined by your own pas- discrimination once and for all—so that rights to quality, affordable care. sions and your own talents and your women are not charged more for insurance That’s why Easter Seals wrote: own skills and your own aspirations. If than men. you want to start a business, if you This is what health reform means to wom- Millions of parents of children with dis- want to be self-employed, if you want en’s health in our communities. ‘‘Being a abilities are breathing a huge sigh of relief woman is not a pre-existing condition.’’ knowing their children will not be dropped to change jobs, you are not job-locked from their insurance. because your decision about your job, My name is Jamal Lee, I’m a native of Bal- Do you know any parents of children your career, and your life has to be timore, MD. I own Breasia Studios, LLC, a with diabetes or asthma or childhood predicated by your health insurance digital recording studio and an audio, light- leukemia? Do you know any? With this company. ing, and video production company in Lau- That’s what this freedom is in this 1 rel, Maryland and I’m a member of Small bill, you will take away the rights of week from the Fourth of July that we Business Majority’s network council. these children to affordable care celebrate with this bill. Until recently, I hadn’t had health insur- throughout their lives. Now, to make the American Dream a ance since I was 21, when my mother had to That’s why the American Diabetes reality for all, Republicans must stop drop me from her insurance plan. Since I started my business in 2005 I hadn’t been able Association, on behalf of the nearly 26 this effort to take away patient protec- million Americans with diabetes, urged to afford insurance for myself, let alone my tions from Americans. employees. I did the best I could to counter- us to oppose this bill in order to ‘‘pro- Let’s review again what the GOP is act the lack of health insurance by giving tect people with diabetes who for too taking away from Americans. This is my employees safety training courses and long have been discriminated against the takeaway from this debate: assisting with the heavy lifting. I couldn’t because of their disease.’’ Take away, the Republicans say, pro- risk losing an employee to an on-the-job in- My Republican colleagues are taking tections from children with preexisting jury. But I finally was able to purchase in- away patient protections for millions conditions; take away prescription surance through a state subsidy program and of Americans, protections you as Mem- drug savings for seniors; take away when the Affordable Care Act was signed bers of Congress already enjoy. I think coverage for young adults; take away into law, I had another windfall—the small preventative health services for business tax credits. The tax credits, along that that’s an undermining of funda- with the state subsidy program, mean I can mental fairness. If you repeal this bill, women; take away the no lifetime lim- finally afford health insurance for myself it means you keep your Federal health its, which are so important to so many and everyone else in the Breasia family. insurance benefits while you take these families in our country. Knowing we’re covered if something happens patient protections away from the We must work together on America’s has an enormous impact on morale and my American people. What a Valentine to top priorities—job creation and eco- employees’ physical and emotional well- the health insurance industry. nomic growth. This bill creates 4 mil- being. When I think of people protected by lion jobs. It reduces the deficit. It en- Thanks to the tax credits in the healthcare law, I may even be able to grow my business. this law, I always remember the power- ables our society to have the vitality of everyone rising to their aspirations And because I’m finally able to offer bene- ful testimonial at a hearing last year fits, my business has become much more from Stacie Ritter, whose twin daugh- without being job-locked, as I said. competitive when I look to hire. Repealing ters, Hannah and Madeleine, are both The American people want us to cre- the law or defunding provisions like the tax cancer survivors. They’re 4 years old, ate jobs. That’s what we should be credits would be a huge blow to my business. using this time on the floor for, not on and both were diagnosed with leu- this useless bill to nowhere—bill to no- My name is Bill Cea and I am a retired kemia. Hannah and Madeleine faced where—that does serious damage to the public school teacher from Boca Raton, Flor- stem cell transplants, chemotherapy, health and economic well-being of ida. I am here today on behalf of the Alliance and total body irradiation. Yet, over America’s families. for Retired Americans. time, Stacie said, ‘‘We ended up bank- I urge my colleagues to vote ‘‘no’’ on Thanks to the Affordable Care Act, I am rupt even with full insurance cov- one of 16 million seniors on Medicare who this bill. Let us move forward together has been able to get a free wellness visit or erage.’’ to strengthen the economy and to Today, Hannah and Madeleine are preventive service. These are free—no co- strengthen the great middle class, pays, no deductible. happy, healthy 13-year-olds. According which is the backbone of our democ- For me, it was an opportunity to go to my to Stacie: racy. doctor’s office for a thorough evaluation of My children now have protections from in- Hello, My name is Aracely Rodriguez. I am my health, review the medicines I take, and surance discrimination based on their pre- from San Diego, CA and I work everyday to discuss any questions and concerns I had. existing cancer condition. They will never ensure that Latina women have access to Not only is this good for your health, but have to fear the rescission of their insurance comprehensive affordable health services it is also good public policy. Medicare costs policy if they get sick. They can look for- from a trusted provider. will be much lower if more seniors are able ward to lower health insurance costs and I have the opportunity to experience first to stay healthy and identify problems before preventative care. hand what a difference the Affordable Care they become serious and costly. I know many seniors in Florida who are in We passed the Affordable Care Act Act will be for women, particularly women of color. It is hard for me to believe that the Medicare coverage gap known as the for people like Stacie, Hannah, and anyone would want to take away there crit- ‘‘donut hole.’’ Under this new law, these sen- Madeleine, and we passed it for some of ical new benefits for women all over this iors are now paying $600 less per year for the people we heard from today at an country. their prescriptions. The law will keep closing earlier meeting. I urge my colleagues We know the Affordable Care Act will more and more of the ‘‘donut hole’’ until it to think about them and to think make insurance more affordable and provide completely goes away. about Stacie and her children when more choices to women and their families. The bottom line is this: the Affordable they cast a vote to take away their As a result of the Affordable Care Act 14 mil- Care Act is good for seniors. It helps us live lion women will be newly insured. longer, better lives. It helps us be able to see rights and protections. Today, about 39 percent of Latinas are un- a doctor and fill a prescription. Here is what the Affordable Care Act insured—that is more than women of any These new Medicare benefits are making a is about: other racial or ethnic group. big difference in seniors’ lives. Congress

VerDate Mar 15 2010 01:19 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.040 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4798 CONGRESSIONAL RECORD — HOUSE July 11, 2012 must not take them away. Please vote Cystic Fibrosis, or CF, is a genetic disorder If you like what you have, you can against repealing the Affordable Care Act. that has no cure at this time and few effec- keep it. It will not add a single dime to tive treatments. Among the symptoms are the deficit. This is absolutely not a tax My name is Emily Schlichting. I’m a 22- persistent lung infections and breathing and increase, and it will bring down pre- year-old auto-immune disease patient from digestive difficulties. Omaha, NE. My life has drastically changed Because only 30,000 people in the U.S. have miums by $2,500 for the typical family. for the better thanks to the Affordable Care CF, treatment for it tends to be extremely The gentlelady from California a mo- Act, but I have no guarantee that those expensive. The average CF patient spends ment ago spoke about things to take changes will last. I would like to share with $64,000 annually on health care, which is 15 away. Let’s take this away. Let’s take you just how the repeal of health care reform times more than the average American. My away the reality of this new health would affect my life. son has to take 30 pills, 2 inhalers, and 3 care law that has done this. The summer before my senior year of high nebulizers every day. We have a machine in school, when I was 17, I began experiencing a It is now clear that 20 million Ameri- our home that he has to use twice daily to cans are likely to lose their employer- lot of odd symptoms, and none of my doctors shake the mucus from his lungs to prevent could figure out what was causing them. My bacterial infections and clear his airways. At based health coverage. The law will symptoms started as open ulcers that would night, he uses a feeding tube while he sleeps cost $2.6 trillion if fully implemented get painfully and dangerously infected, and in order to ensure that he gets the calories and add over $700 billion to the deficit. over the next two years intensified to in- he needs, because CF patients don’t properly It has $500 billion in new taxes that are clude high-grade fevers, mysterious raised digest food. Even with this level of care, he triggered towards the middle class. lumps on my legs, and swollen joints. After is admitted to the hospital every year for a And the average increase in family pre- two years of visiting multiple specialists, re- week because of a bacterial infection that re- ceiving MRI’s and CAT scans, which was miums doesn’t go down $2,500; it goes quires heavy antibiotics administered up $1,200. topped off by a week-long stay in the hos- through an IV. You can imagine what all of pital during my first semester of college, I this costs. Here is what we should take away. was finally diagnosed with Behcet’s Disease, And yet, we consider ourselves extremely We should take away this albatross in a rare auto-immune condition. lucky. We have excellent health insurance the economy. We should repeal it. We When your health care is tied directly to that helps to cover the costs of the various should replace it. your employment, your career opportunities therapies and treatments he needs. But we And here is the good news. The voters become a lot more limited than you’d imag- have always worried about what will happen get the last word in November. ine. Suddenly, taking a few years off to work when our son grows up and has to find his at a non-profit before graduate or law school Stay tuned. own health insurance. As you can imagine, Mr. LARSON of Connecticut. Madam was not an option because I would have our entire family was very happy when the dropped off my parents’ insurance plan. Be- Affordable Care Act was signed into law. And Speaker, at this time, I yield 3 minutes yond that, I had to be extremely careful not we were ecstatic when the Court upheld the to our distinguished whip from Mary- to ever drop off an insurance plan because I law. But it makes me furious when I hear op- land (Mr. HOYER), a person who under- have a pre-existing condition, which meant position to the Affordable Care Act based on stands what it means to make it in if I dropped off I would likely not be able to the ‘‘principle’’ of states’ rights. For me, America. get back on insurance. Paying for my own that principle is entirely outweighed by the Mr. HOYER. I thank my friend. health care out of pocket would bankrupt principle that every child deserves a bright Repeal it and replace it. For the 31st me. I regularly see two rheumatologists, an future no matter what disease they happen ophthalmologist, a dermatologist, an inter- time, we have a repeal with no replace- to be born with. Repealing this law would ment, no alternative, no protection of- nist and other specialists for my condition. allow young people with life-threatening ill- And that’s when things are going well. nesses to be denied health insurance. I con- fered by my Republican colleagues— But, thankfully, with the passage of the sider that unprincipled. not one. Patient’s Coverage and Affordable Care Act A survey conducted last year by the Cystic You could, of course, introduce legis- my disease no longer gets to dictate my life. Fibrosis Foundation revealed that 31% of CF lation that would say, We’re going to The dependent coverage clause has been a patients skipped doses or took less than was repeal and replace with this. You godsend for me; it allows me to stay on my prescribed due to cost concerns. It also re- haven’t done it. So the American peo- parent’s insurance until I’m 26; it gives me vealed that 16% of CF patients have reached that buffer time to figure out what career I ple have no idea. an annual limit on their health insurance We’re on the floor today with the dis- want to pursue, and work for a couple years coverage, and 3% have reached a lifetime to gain experience and valuable job skills in- limit. tinguished gentleman from Michigan stead of rushing into an expensive graduate I have heard about the challenges faced by who himself, and his father before him program just so I can stay on an insurance young adults with CF in finding health in- a half a century ago, said: Americans plan. Allowing young people to stay on their surance. Young adults with CF are often de- need the security of having the guar- parent’s insurance gives us new freedom to nied insurance coverage, and they face bar- antee of access to affordable quality work toward our goals without going uncov- riers in their career as they make work and health care. ered. But even more important than that is life choices that are dictated by a limited set the fact that the Patient’s Bill of Rights That’s what we did. of health care options. That’s not the future Madam Speaker, after the landmark makes it so that I can’t be denied insurance I want for my son. simply because I have a disease I can’t con- Because of the Affordable Care Act, my son Supreme Court ruling upholding the trol. And that . . . it’s changed my life in so will be able to get the care and treatment he Affordable Care Act, Americans are many ways. I can’t put into words how scary needs. He will be able to stay on our insur- ready to move on. Yet here we’re again the idea of being sick and bankrupt at 25 is, ance until he’s 26, and after that no insur- voting for the 31st time on a bill to re- so you’ll have to trust me on this one. It’s ance company will be able to deny him cov- peal the health care law with no re- terrifying. erage because of his pre-existing condition. placement, no alternative, no protec- I can tell you over and over how much And we won’t have to worry about lifetime tions. That’s not what we ought to be health reform has positively impacted my limits on his coverage. Moreover, he won’t life, but I’m not the only young American have to base his decisions about a job or a focused on. that has been positively impacted by this career on health care coverage. Americans want us to create jobs and legislation. I’m one example of millions and As a mom, there is nothing more valuable to grow our economy. According to a millions of young Americans who have been to me than my children’s future. I thank Kaiser Family Foundation poll last helped by this bill, whether through the De- Leader Pelosi, the Congress, and President week, 56 percent of Americans believe pendent Care clause or the Patient’s Bill of Obama for giving that to my son and to the that opponents of the law should drop Rights or the combination of the two, like other five million American children with attempts to block its implementation. me. Young people are the future of this coun- pre-existing conditions. try and we are the most affected by reform— It’s time for Republicans to end their we’re the generation that is the most unin- b 1340 relentless obsession with taking away sured. We need the Affordable Care Act be- Mr. CANTOR. Madam Speaker, I health care benefits for millions of cause it is literally an investment in the fu- yield 1 minute to the gentleman from Americans. ture of this country. Illinois (Mr. ROSKAM), the chief deputy If this bill were to pass, insurance whip. companies could once again discrimi- Good afternoon. My name is Christine nate against 17 million children with Haight Farley and I’m the proud mother of Mr. ROSKAM. I thank the gentleman two wonderful boys with bright futures. Un- for yielding. preexisting conditions. If it were to fortunately, one of my sons has Cystic Fibro- Madam Speaker, do you remember pass, 30 million Americans would lose sis. For him, the Affordable Care Act is the these lines when the President was their health insurance coverage. It key to that bright future. pitching the health care bill? He said: would take away $651 each from 5.3

VerDate Mar 15 2010 01:19 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JY7.005 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4799 million seniors in the Medicare dough- lion dollars out of Medicare. The Inde- coverage under their parents’ health nut hole, making their prescription pendent Payment Advisory Board is 1 care policies? drugs more expensive. There would be of 159 boards, commissions, and pro- Do my Republican colleagues really 360,000 small businesses no longer able grams that will get between Americans believe that a majority of the other to claim a tax credit to help cover and their doctors. The Independent body is now ready to take from chil- their employees. And 6.6 million young Payment Advisory Board, they’re there dren who are seeking employment the adults under 26 would be forced off to help ration health care for seniors. right to remain on their parents’ their parents’ plans and left to face a That’s another reason. health care policies up to their 26th tough job market with the added pres- I just heard the distinguished leader birthday? sure of being uninsured. of the Democrat Party saying we Do my Republican colleagues really The Republican repeal bill would should be talking about jobs and the believe that a majority of the other take away these benefits and end these economy. Madam Speaker, these are body is now ready to take from a cost-saving measures. And after 31 the very same people who told us the woman with breast cancer, or a man votes, as I said, no alternative, noth- stimulus bill would help jobs, would with prostate cancer, the right to keep ing. There is no bill to read, no plan to help the economy. The stimulus bill their coverage once they get sick? follow, no security to offer. Repealing was not a jobs bill. Repeal of The American people are smarter health care without an alternative ObamaCare is a jobs bill. than that. They know the deal. They would add over $1 trillion to deficits Talk to any small business person do not wish to be taken down this over the next two decades. I don’t say across America that has 40, 45 workers, primrose path for the 31st time. The that. The Congressional Budget Office and they will tell you: We’re not going American people want stability in says that. to go to 50. We’re not going to do that. their lives, security for their families, It is occurring in the place of a vote We’re not going to hire those extra and safety in their communities. that we could be taking on legislation people. Americans want us to stop jerking to create jobs. There is nothing about Talk to a tool and die manufacturer them around. They cannot have sta- jobs this week, nothing last week, like I have in my district in Jackson- bility in their lives when we are ship- nothing scheduled for next week, or the ville, Texas. Half of their business ping American jobs overseas. They can- week after. It’s a waste of time. comes from the medical device indus- not have security in their homes when The SPEAKER pro tempore. The try. You know what? He told me that they are fearful of getting sick. They time of the gentleman has expired. cannot have safety in their commu- Mr. LARSON of Connecticut. I yield ObamaCare, with the medical device nities when their teachers, policemen, the gentleman an additional 1 minute. tax, is going to force him to lay off and firefighters are being led off while Mr. HOYER. Why is it a waste of workers. we are engaged in symbolic episodes. time? Because the Republican majority The employer mandate costs jobs. I ask my colleagues to reject this knows that it will not pass the United The Congressional Budget Office, which charade, and let’s vote to restore the States Senate, and it would not be the gentleman from Maryland just American Dream. signed by the President of the United cited, they, themselves, said this will Mr. CANTOR. Madam Speaker, I States. It’s a message bill. It’s politics cost 800,000 jobs. Private economists yield 11⁄2 minutes to the gentleman as usual. It is spurring the base while say it will cost 1 to 2 million jobs. The from South Carolina (Mr. SCOTT). spurning the average working Amer- Chamber of Commerce just did a sur- Mr. SCOTT of South Carolina. ican. vey of small businesses. Seventy-four Madam Speaker, why are we here? We I outlined several proposals yester- percent said this makes it more dif- keep hearing that from my friends on day that are bipartisan in nature and ficult to hire. the right—why are we here again ought to come to this floor imme- So after the President just turned in today—and the reality of it is simple. diately. It’s called ‘‘Make It in Amer- his 41st straight month of 8 percent- The numbers keep changing, and it ica.’’ Let’s vote on those bills. Let’s plus unemployment, the worst jobs and simply does not add up. vote on those bills to create opportuni- economic performance since the Great A long time ago, in 2010, a long time ties, not this one to take them away. Depression, maybe it’s time for a true Madam Speaker, I urge my col- jobs bill, Madam Speaker, and a true ago, the estimates were $900 billion will leagues to oppose this bill, and let us jobs bill is to repeal ObamaCare. The be the cost of ObamaCare. Two years work together constructively for a bet- American people do not want it. We later, now the estimate is at nearly $2 ter economic future for our people, can’t afford it. Job creators are losing trillion. more economic security, more health jobs. Well, how do we fund this? Everybody care security, and a better America. Let’s repeal it, and repeal it today. wants to know this. A program that is Mr. CANTOR. Madam Speaker, I Mr. LARSON of Connecticut. Madam already financially strapped, Medicare. yield 3 minutes to the gentleman from Speaker, at this time, I yield 2 minutes ObamaCare takes $500 billion, $500 bil- Texas (Mr. HENSARLING), the Repub- to the distinguished gentleman from lion out of Medicare. lican conference chairman. South Carolina (Mr. CLYBURN), a leader What does that mean? Well, to me, as Mr. HENSARLING. I thank the gen- in the Democratic Caucus. a grandson of a grandfather who is 92 tleman for yielding. Mr. CLYBURN. Mr. LARSON, thank years old, 92 years old, what happens Madam Speaker, I’ve heard so many you for yielding me the time. when we take $500 billion out of Medi- of my Democrat colleagues come to the Madam Speaker, I rise today in oppo- care? floor and question why are we here to sition to this partisan charade to re- Well, the answer is clear. There is a vote to repeal the President’s health peal the Affordable Care Act. 15-member board called IPAB, the care program. Let me offer a few rea- This is the 31st time the majority has Independent Payment Advisory Board, sons. orchestrated a vote to repeal in whole that will then recommend cuts to Number one, the American people or in part this very important and Medicare payments for doctors, hos- don’t want it. The longer people have long-awaited law to increase accessi- pitals, and other providers. In other to know this bill, the more intense bility and decrease the cost of quality words, my grandfather’s health may be they are in wanting to see it repealed. health care. in the hands of a 15-member autono- Reason number two is we hear from mous board who will decide what hap- our friends on the other side of the b 1350 pens to his health. That’s wrong. aisle that the Supreme Court said it Fortunately, the other body rejected If you look in ObamaCare, what you was constitutional. Well, the $5 trillion this ill-fated effort the first 30 times, will find is that $317 billion of new of additional debt that they and Presi- and this 31st time will be no different. taxes, or a 3.8 percent tax on dividends, dent Obama have foisted on the Amer- Why, then, are we having this debate? capital gains and other income, you ican people, it’s constitutional, but, Do my Republican colleagues really will find $110 billion on the middle Madam Speaker, it is not wise. believe that the majority of the other class for folks who like their health Seniors know that the President’s body is now ready to take from chil- care and want to keep it? Oh, no. No, health care program cut a half a tril- dren born with diabetes the right to no, no. They can’t keep it.

VerDate Mar 15 2010 01:19 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.042 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4800 CONGRESSIONAL RECORD — HOUSE July 11, 2012 The SPEAKER pro tempore. The Yet while it took 100 years for us to care law that’s in effect for the Amer- time of the gentleman has expired. get to this point, it has taken our Re- ican people, ROSA DELAURO of Con- Mr. CANTOR. I yield the gentleman publican colleagues only a year and a necticut. an additional 30 seconds. half to vote over 30 times to try to re- Ms. DELAURO. What will happen if Mr. SCOTT of South Carolina. Then peal these patient rights and protec- the House majority succeeds in repeal- you find another $101 billion, another tions, patient rights and protections ing the Affordable Care Act? Seventeen $101 billion in annual tax on health in- that President Obama promised, this million children with preexisting con- surance providers not paid for by those Congress delivered, and the Supreme ditions will once again be denied cov- folks who make more than $200,000, but Court affirmed. erage; 6.6 million under 26 will no paid for by the hardworking, everyday My Republican colleagues say that to longer be covered by their parents’ in- folks like my granddaddy and my repeal and replace these patient rights surance plan; insurers will be allowed momma, those folks who struggled to protections is the right way to go, but to discriminate against women again, make their ends meet, $100 billion of the only thing we have seen from them charge them more, deny them coverage new taxes. on this floor is all repeal and no re- because they’ve had a Cesarean sec- But if you need a medical device, an- place. It’s time for this Congress to get tion, and leave maternity and pediatric other $29 billion of new taxes. There is to work on the most important thing care out of their policies. The dough- just not enough time, Mr. Leader, to before us, getting Americans back to nut hole reopens, costing seniors bil- talk about all the taxes that can’t be work. Let us vote this down and get to lions of dollars; 360,000 small businesses articulated in just 2 minutes. work. lose tax credits. Americans will have to Mr. LARSON of Connecticut. Madam Mr. CANTOR. Madam Speaker, I pay out-of-pocket for preventive serv- Speaker, I yield myself 30 seconds. yield 11⁄2 minutes to the gentlewoman ices like cancer screenings and To respond here, as Mr. ANDREWS has from Washington, the Republican Con- wellness exams, preventive services very patiently and eloquently pointed ference vice chair, Mrs. MCMORRIS that could have saved the life of Celia, out, the $500 billion that was just dis- RODGERS. a 50-year-old East Haven woman who cussed by the previous speaker is some- Mrs. MCMORRIS RODGERS. I thank died from breast cancer because she thing that the Republicans have voted the leader for yielding. simply could not afford a mammogram. on twice. Perhaps they didn’t get a Madam Speaker, I rise in strong sup- And 30,000 Americans will lose their chance to read that bill as they some- port of this legislation today to repeal health insurance and be left to their times claim about health care on this ObamaCare because the control of fate while every single Republican in side. health care and health care decisions this House will maintain their health I yield 2 minutes to the vice chair of belongs in the hands of patients, fami- care coverage. the Democratic Caucus, the gentleman lies, and their doctors. Repealing the Affordable Care Act is from California (XAVIER BECERRA). ObamaCare was a Big Government wrong. It was wrong the first time. It is Mr. BECERRA. I thank the chairman takeover of one of the most personal wrong the 31st time. Welcome to Groundhog Day in the House of Rep- for yielding the time. aspects in our lives; and I come to this resentatives. It took 19 Presidents and 100 years debate as a mom, as a wife. I have two The SPEAKER pro tempore (Mrs. dating back to President Teddy Roo- children, one that was born with spe- sevelt to open the door to all Ameri- EMERSON). The time of the gentle- cial needs. woman has expired. cans, to quality health care that is cen- I understand firsthand, talking to so tered on the patient-doctor relation- Mr. LARSON of Connecticut. I yield many within the disabilities commu- the gentlewoman an additional 10 sec- ship; 105 million Americans who will nity, and I hear their fear, their fear of fall ill will no longer have a lifetime onds. not being able to find the doctors, not Ms. DELAURO. This majority needs limit on the coverage they receive being able to find the therapists within to stop working to put American fami- from their health insurance company. the Medicaid programs, within lies at risk and start working to make Up to 17 million children today who TRICARE because of the government. our economy healthy. have preexisting conditions cannot be These are government programs that Mr. CANTOR. Madam Speaker, I denied coverage by an insurance com- are too often making false promises. yield 11⁄2 minutes to the gentleman pany; 6.6 million young adults under I think about my parents, who are from Georgia, the Republican Policy the age of 26 today can stay on the signing up for Medicare, and the over Committee chairman, Dr. PRICE. health care policy of their parents; 5.3 $500 billion in cuts to the Medicare pro- Mr. PRICE of Georgia. I thank the million seniors today received an aver- gram. In eastern Washington, it is very leader. age $600 to help cover the cost of their difficult to find a doctor right now who As a physician, one of the tenets of prescription drugs when they fall into will take a new Medicare patient. medicine is: first, do no harm. Sadly, the so-called doughnut hole; 360,000 Because of ObamaCare, my family, the President’s law does real harm. small businesses in America, men and like millions all across this country, The Supreme Court has said that the women who own their own businesses, are facing longer lines, fewer doctors, law is constitutional. That doesn’t got assistance through a tax credit to and lower quality of care. We can and make it good policy. It harms all of the help provide health insurance coverage we must do better. If we don’t repeal principles that Americans hold dear as to their employees. Thirteen million this law, the results are going to be it relates to health care—it increases Americans will benefit in insurance disastrous. costs, decreases accessibility, lowers premium rebates from insurance com- CBO, the Congressional Budget Of- quality, and limits choices—the wrong panies, who must now show that they fice, has already estimated 20 million direction for our country. It harms pa- are spending the premium money they Americans will lose their employer- tients—especially seniors—by remov- get from those Americans for health provided health insurance. Health care ing $500 billion from Medicare and hav- care, not on paying CEO salaries or not premiums continue to soar. Innova- ing 15 unaccountable bureaucrats deny on profits—$1.1 billion national rebates tion, lifesaving technology and devices payment for health care services—deci- for 13 million Americans. are being threatened. sions that should be made by patients Perhaps the most important thing The first step to putting individuals and doctors, not by government. It that most Americans don’t recognize, and families back in charge of their harms doctors, over 80 percent of whom the thousands of dollars that those of health care is to repeal ObamaCare, in a recent poll said that they would us who do have health insurance and I urge support. have to consider getting out of medi- throughout America that we pay pre- cine because of this law. And it harms miums to our insurance companies to b 1400 our economy, killing over 800,000 jobs cover care, not for us and our families, Mr. LARSON of Connecticut. It gives and making it more difficult for small but for those of us who don’t have in- me great honor to yield 1 minute to the businesses, the job-creation engine of surance, the free-riders, that will start dean of the Connecticut delegation and our Nation, to create jobs. to drop. Those are the things that are a voice for compassion and who be- And it’s that much more frustrating at stake. lieves passionately about this health because it doesn’t have to be this way.

VerDate Mar 15 2010 01:19 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.046 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4801 There are positive solutions that don’t Mr. CANTOR. Madam Speaker, I or to repeal a plan that would cost require putting Washington in charge. yield 3 minutes to the majority whip, more than a hundred billion dollars for There’s a better way, and the first step the gentleman from California (Mr. the taxpayers. to that better way is to repeal this law MCCARTHY). I yield 1 minute to the dean of the so we may work in a rational, delibera- Mr. MCCARTHY of California. I House of Representatives, the gen- tive, and, yes, bipartisan process for thank our respected leader for yielding. tleman from Michigan, JOHN DINGELL. patient-centered health care where pa- From the moment ObamaCare was (Mr. DINGELL asked and was given tients and families and doctors make introduced, House Republicans and the permission to revise and extend his re- medical decisions, not Washington. American people have expressed con- marks.) The President’s law doesn’t just cerns about the quality, the cost, and Mr. DINGELL. I thank my good harm the health of patients and sen- the effect that it would have on jobs. friend for yielding. iors; it harms the health of our econ- We’re here today because the Supreme This is the gavel I used when I pre- omy and our Nation. And the first step Court ruling made one thing clear: it’s sided over the passage of Medicare and to replace is to repeal. And we can up to Congress to do the repeal of the when I presided over the passage of leg- start today. devastating tax increase and what it islation called ACA. This legislation Mr. LARSON of Connecticut. Madam would effect upon our economy. takes care of the American people. I’m Speaker, may I inquire as to how much As we all know, ObamaCare stands willing to loan it to my Republican col- time we have on both sides. today because the Supreme Court said leagues if they’ll use it in a good cause. The SPEAKER pro tempore. The gen- it’s constitutional as a tax. The Chief It’s even been on television with ‘‘The tleman from Connecticut has 41⁄2 min- Justice stated in his opinion: Daily Show.’’ utes remaining, and the gentleman But what is important here is you’re Members of this Court are vested with the going to win the vote, but you’re going from Virginia has 5 minutes remaining. authority to interpret the law; we possess Mr. LARSON of Connecticut. I yield 1 neither the expertise nor the prerogative to to lose the case and the debate because minute to the gentleman from Cali- make policy judgments. Those decisions are the American people know what you’re fornia (Mr. GEORGE MILLER). entrusted to our Nation’s elected leaders, trying to take away from them. This is Mr. GEORGE MILLER of California. who can be thrown out of office if the people the 31st time we’ve voted on this. And I thank the gentleman for yielding. disagree with them. It is not our job to pro- it is the law. As has been said, for the 31st time in tect the people from the consequences of We have 44 days left to finish the this Congress the House Republicans their political choices. business of this Congress, according to are trying to put insurance companies But it is our job. And, unfortunately, your whip’s office. And interestingly back in charge of America’s health we have learned over the past 2 years enough, we’re not going to deal with care. The House Republicans are pre- this law has proven to be bad policy. important questions like jobs, employ- occupied with taking away the patient And you know what’s more important? ment, the economy. We have the worst protections while they’re keeping their It’s filled with broken promises. economy, which the President inher- own protections. We all remember President Obama’s ited, since the days of Herbert Hoover. I recently got a letter from a woman first promise: if you like the health b 1410 named Annie who lives in East Bay of care you have today, you can keep it. The American people are going to the San Francisco Bay area and she Well, that’s not true. Eighty percent of wonder why this Congress has not been told me how vital this law is to her and those in small employer plans risk doing it. Well, the reason is the Repub- her family. Her husband is self-em- even keeping what they have today. licans have been wasting the public’s ployed. He has diabetes; and thanks to The President also promised the law time. And in those 44 days, they’re not the Affordable Care Act, the husband would bring down premiums by $2,500. going to be able to do the Nation’s will finally have access to quality, af- But that’s not true either because it’s business. The unemployed are going to fordable coverage. Annie’s daughter already been increased $1,200. The CBO continue to be unemployed. has a preexisting condition; and thanks says it will even rise higher. President Obama did promise as I sat I’ll loan you the gavel if you promise to this law, the insurance companies to use it for something good because won’t be allowed to deny her daughter right here and listened to him that he would not add one dime to the deficit. it’s a fine piece of wood and its tasks in coverage. And Annie’s son, a 25-year- terms of dealing with the public’s con- old, thanks to this law, is able to get Well, you know what? That’s not true either. It’s going to add billions of dol- cerns are not yet done. on his mother’s health care plan and But having said these things, I say lars. President Obama promised he save the family a great deal of money. shame. You are wasting the time of the would not raise taxes on those making But today, the Republicans want to American people. You are wasting the less than $250,000. It turns out take that all away. They want to take time of the Congress. away all these protections and these ObamaCare includes 21 new taxes—12 of The SPEAKER pro tempore. The benefits that American families them on the middle class. time of the gentleman has expired. haven’t had in the past. Today, the Re- Promises made, promises broken. Mr. LARSON of Connecticut. I yield publicans in the Congress want to put There was another President from Il- the gentleman an additional 1 minute. the insurance companies back in the linois who was quoted as saying: Mr. DINGELL. You’re wasting the business—the same insurance compa- As our case is new, so we must think anew, time of the Congress. You’ve told us nies that took away your policy when and act anew. We must disenthrall ourselves, how you’re going to repeal and replace. your child was born with a disability; and then we shall save our country. Where is the replacement? It is not to the same insurance companies that Well, now is the time to listen to the be seen. Where are the steps that you didn’t allow you to have cancer surgery American people. Now is the time to should be taking about jobs and oppor- because you had a lifetime limit or put the patient first while they are em- tunity for the American people? They they decided you had a preexisting con- powered. Now is the time to repeal and are not to be seen. dition; the same insurance companies begin to bring this country back to- You have the gavel, use it. Use the that decided that your children would gether with a quality of health care leadership that the people have given be kicked off your policies when where the patient has the choice, not you to lead the Congress of the United they’re 18. the government. States. The Democrats will work with I don’t think we should go there, Mr. LARSON of Connecticut. I yield you. But you won’t work with us, and America. But that’s what repeal brings myself 15 seconds as we ask the dean of you won’t work for the American peo- you. That’s the Republican plan: to the delegation to step forward and just ple. give it all back to the insurance com- say that aside from the platitudes that The time of dealing with the business panies. After a hundred years of strug- we’ve heard today as have been ex- of this Nation is short, and the needs of gling, take it away and give the power pressed by many on our side and some the American people are great. But no- to the people to determine their own of the eloquence of debate that we’ve where are we seeing anything done by health care needs and the kind of poli- heard, we continue to see no plan from our Republican colleagues except to cies that they need. the other side but a persistent endeav- get up and denounce ObamaCare.

VerDate Mar 15 2010 01:19 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.048 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4802 CONGRESSIONAL RECORD — HOUSE July 11, 2012 I say have a more enlightened out- people in this country like the health law. Today, we can start over and we look and proceed to do the Nation’s care that they have and they want to can tell the American people, we are on business well. keep it. But now, thanks to this law, your side, we care about your health Mr. CANTOR. Madam Speaker, I am patients across the Nation are losing care, and we want quality care at af- prepared to close and reserve the bal- access to the health care they like. fordable cost. We listened, and we’ve ance of my time. Millions stand to lose health care cov- acted. The SPEAKER pro tempore. The gen- erage from their employers because I yield back the balance of my time. tleman from Connecticut has 2 minutes ObamaCare is driving up costs and ef- Mr. REYES. Madam Speaker, I rise today in remaining. fectively forcing employers to drop opposition to the 31st attempt to undermine Mr. LARSON of Connecticut. Thank health care coverage. the Affordable Care Act. Since the passage of you, Madam Speaker. Beyond that, ObamaCare takes away the Affordable Care Act, tens of millions of I want to compliment both sides for from patients the ability to make their Americans are already receiving better care as the quality of debate that has occurred own decisions and individual choices. well as better value for their health care dol- on this floor over the last couple of Instead of letting patients and their lars. Already, Americans are benefiting from days. families work with their doctors to de- the provisions that have been implemented. In Today, we are here for the 31st time cide the best care, ObamaCare puts fact, 6.6 million young Americans now have to act on repealing the Affordable Care Washington in the driver’s seat to health coverage until age 26, 105 million Act. I give my colleagues credit for make health care choices for them and Americans are no longer facing lifetime limits their persistence, but I’m deeply trou- their families. on health benefits, and 17 million children with bled by the obstinacy and the obstruc- Taking away choice, driving up costs, pre-existing conditions can no longer be de- tion that they have demonstrated in an and making health care dramatically nied coverage. almost callow indifference to the needs more expensive is not the prescription Instead of focusing on jobs legislation, Re- of American families. Most impor- that Americans asked for. publicans are once again trying to take away tantly, the simple dignity that comes Madam Speaker, we know in this patient protections by seeking to repeal the Af- from a job that more than 14 million of tough economy we need to be doing ev- fordable Care Act. Instead of providing solu- our Americans are being denied, and we erything we can to help our small busi- tions to the provisions in the law that they can’t, in this great civil body, bring nessmen and -women. They are strug- would like to see changed, they would rather gling because of uncertainty and facing forward the President’s bill that will repeal the whole law and all the positive the prospect of one of the largest tax create jobs. changes that come along with it. This constant hikes in history. ObamaCare increases One of the people in my district, push to take away patient protections is no that burden by adding new costs and Signe Martin, said, do you not under- longer based on logic, but is clearly a partisan more red tape. The new harsh reality is stand that you have plunged us into political ploy to score cheap points at the ex- that creating new jobs and bringing on the dark abyss of uncertainty? pense of millions of Americans. new employees may just be too expen- The only thing that creates and cor- We should turn our efforts to tackling our sive and too burdensome if this law is rects that situation is the simple dig- nation’s larger problems, such as the economy nity that comes from a job. And yet left to stand. The President said throughout the and job creation. Let’s move beyond this vote today, we spend our time on the floor health care debate—as did former and demonstrate our commitment to the talking about something where we American people. Speaker PELOSI and my colleagues on should be working together, where My Republican colleagues have requested the other side of the aisle—that his Members on our side of the aisle, who health care law was not a tax. Well, we that we work together, but, as they seek to would have preferred Medicare for ev- now know that the Supreme Court has once again make America a country where eryone—the majority of our caucus spoken: It is a tax. Madam Speaker, millions of people are uninsured and unable to would have been there—and yet em- it’s time to stop all the broken prom- afford health care, their actions speak louder braced the compromise that extolled ises and get back to the kind of health than their words. the virtues of the Romney plan in Mas- care people in this country want. The Republican proposal to repeal the Af- sachusetts. But there is no room for It cannot be overlooked that fordable Care Act would affect thousands of El compromise on the other side of the ObamaCare also has disastrous impli- Paso residents who are already benefiting aisle. cations for the moral fabric of our Na- from the law, including the 52,000 children So we can only surmise this: that you tion. Despite the claims to the con- who are no longer denied insurance due to would rather see the President fail trary, this law actually paves the way pre-existing conditions, the 2,900 seniors who than the American people succeed. Per- for Federal funding of abortion, vio- have saved $1.8 million in drug costs, and the son after person on both sides of the lating many individuals’ religious, eth- over 360 small businesses who received new aisle have gotten up and talked about ical, and moral beliefs. It is also the tax credits to help them expand health care the need for us to come together. You basis from which President Obama coverage to their employees. embrace most everything that’s in this launched an assault on the religious Republicans seem to forget how things were plan but would rather see the President freedom of millions of Americans by before the Affordable Care Act. For example, fail than the Nation succeed. requiring employers to cover items and one family in my district faced significant The SPEAKER pro tempore. The services with which they—and perhaps health care related financial difficulties. They time of the gentleman has expired. their employees—fundamentally dis- had a daughter with a severe disability who The gentleman from Virginia is rec- agree. had undergone 17 surgeries, numerous hos- ognized for 2 minutes. Washington-based care is not the an- pitalizations, required constant care, and treat- Mr. CANTOR. Madam Speaker, I in- swer. There is a better way to go about ment that cost up to $2,000 a month. The cou- troduced this legislation on behalf of improving the health care system in ple’s private insurance company implemented my colleagues so that we may all be on this country. The American people lifetime caps to prevent a major loss of profits record following the Supreme Court’s want patient-centered care that allows at the expense of the health of the young girl. decision in order to show that the them to make the very personal deci- As a result, the family had to cover the med- House rejects ObamaCare and that we sions about health care with their fam- ical expenses out of pocket and went bank- are committed to taking this flawed ilies and their doctors. They want to rupt. While the current Affordable Care Act law off the books. keep the care they like. They want to would prevent private insurance companies This is a law, Madam Speaker, that see costs come down, and they want from using lifetime cap provisions to bar crit- the American people did not want when health care to be more accessible. That ical services to patients like this young girl, it was passed, and it remains a law that is the kind of health care we on the Re- this couple’s private insurance took advantage the American people do not want now. publican side of the aisle support, and of the lax regulations at the time and left the First and foremost, ObamaCare vio- frankly the type of care that the vast family to fend for themselves. lates President Obama’s central prom- majority of the American people sup- There are countless other examples of El ise to the American people that if they port. Pasoans who faced similar situations. There like their current health coverage, Madam Speaker, we have said since are those who had been denied coverage be- they can keep it. The vast majority of day one that we must fully repeal this cause of pre-existing conditions and others

VerDate Mar 15 2010 04:01 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4634 Sfmt 9920 E:\CR\FM\K11JY7.050 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4803 who faced similar situations with insurance 105 million Americans no longer have a life- Improves coverage for 334,000 residents companies who took advantage of lax health time limit on their coverage. with health insurance. care oversight. That was then—now, the Af- As many as 17 million children with pre-ex- Gives tax credits and other assistance to up fordable Care Act gives families the oppor- isting conditions are no longer threatened by to 158,000 families and 14,100 small busi- tunity to have the best life possible. denial of coverage. nesses to help them afford coverage. Madam Speaker, I urge my colleagues to 6.6 million young adults up to age 26 are Improves Medicare for 76,000 beneficiaries, reject this misguided legislation. covered under their parents’ policies. Without including closing the donut hole. Extends cov- Mr. BACA. Madam Speaker, I rise today in that coverage nearly half of them would be un- erage to 52,000 uninsured residents. support of the Affordable Care Act. insured. Guarantees that 11,500 residents with pre- This law is already providing relief to mil- 5.1 million seniors in the ‘‘donut hole’’ have existing conditions can obtain coverage. lions of Americans, and almost 20 percent of already saved over $3.2 billion on prescription Protects 1500 families from bankruptcy due Californians. drugs. to unaffordable health care costs. Already, nearly 3 million people with Medi- Madam Speaker, rather than practicing par- Allows 60,000 young adults up to the age of care in California have received free preven- tisan politics, we owe it to our constituents to 26 to obtain coverage on their parents’ insur- tive services or a free annual wellness visit work together to ensure the Affordable Care ance plans. Provides millions of dollars in new funding with their doctor. Act continues to make health care more af- for 92 community health centers. The Affordable Care Act strengthens Medi- fordable and accessible for millions of Ameri- cans. Today’s vote is another effort to take us Reduces the cost of uncompensated care care and reduces costs for seniors, by elimi- for hospitals and other health care providers nating the donut hole that hurt many of our in the wrong direction, and I urge my col- leagues to oppose it. by $222 million annually. seniors in the past. The Affordable Care Act will help begin to Right now, there are 435,000 young adults Ms. DELAURO. Madam Speaker, if the Ma- jority succeeds in repealing the Affordable fill the Medicare Part D drug doughnut hole to in California under the age of 26 who now reduce the cost burden for 76,000 bene- have coverage because they were able to stay Care Act, as they have tried to do over thirty times now, it will be the women of America ficiaries in my district. It’s going to extend cov- on their parent’s plan—like Ms. Sandra Rodri- who are especially harmed. erage to 52,500 uninsured individuals who guez and her daughter of San Bernardino, Insurance companies will be allowed to currently go to the county hospital. This legis- California. charge women more for the same coverage lation, in my mind, is the most impactful health And, over 8,600 uninsured California resi- once again. They will be able to withhold cov- legislation that we have seen since Medicare dents who were denied coverage because of erage from women who have had a child or a and Medicaid. The positive impact of this law a ‘‘pre-existing condition’’ are now insured be- C-section, or even who have been victims of extends beyond my district, to every district in cause of this law. domestic violence. our country. Finally, Americans are in charge of their Coverage for maternity and pediatric care The Affordable Care Act provides new ways health care, not insurance companies. will all disappear. Women will lose access to to bring down costs and improve the quality of Repeal takes our nation in the wrong direc- the free recommended preventive screenings care for every individual, including those indi- tion. We need to move forward and ensure that save lives. Subsidies to help working viduals who historically have had little to no health equality for all. mothers buy insurance for their families will health coverage. This is evident because each Mr. RUNYAN. Madam Speaker, I rise in dry up. year more than 83,000 racial and ethnic mi- support of H.R. 6079, the Repeal Obamacare We know for a fact this will happen. Accord- norities die as a result of lacking access to Act. It has been over two years since the par- ing to the National Women’s Law Center, over high quality and culturally competent health tisan Patient Protection and Affordable Care 90 percent of the best-selling plans in states care. In turn, this cost us more than $300 bil- Act was signed into law by President Obama that have not already banned gender rating lion every year. I am so thankful that there is and the country is still looking for reform. still charge women more than men for the finally equal access to health care coverage. When ObamaCare was introduced, the pub- same coverage. This costs women and their We should be proud that now children, the el- lic was assured this was not a tax, but we families approximately $1 billion a year. derly, low-income, and minorities can equally have come to realize that this is, in fact one And this is what the House Majority wants access preventative services, primary physi- of the largest tax increases on the middle to bring us back to. We fought hard two years cians, and urgent care. I believe the expan- class in recent memory. We were told that ago to put woman’s health on an equal footing sion of coverage to these individuals has a ObamaCare would strengthen Medicare, but in with that of her spouse, son, and brother at major impact on the health of the current gen- fact the bill diverts $500 billion from Medicare last. We should build on that, not throw it all eration, as well as future generations. to pay for other provisions of ObamaCare. away. This law ensures that more than 17.6 million The United States needs real common- If the Majority wants us to think they care children with pre-existing conditions can no sense healthcare reforms, which is why I urge about women’s health, it is time for them to longer be denied quality coverage. It also al- my colleagues to support H.R. 6079. We must walk the walk. That means stopping these par- lows children to stay on their parents’ health work together in a bi-partisan manner to sup- tisan political games, and allowing the fully insurance up to age 26. Now, 410,000 African- port reforms that will lower costs, like allowing constitutional reforms in the Affordable Care American and 736,000 Latino, young adults individuals to search for insurance across Act to work for women. between the ages of 19–25, who would have state lines and comprehensive tort reform, Mr. DAVIS of Illinois. Madam Speaker, been uninsured are now covered under their while continuing to protect individuals with pre- when it comes to health care in the United parents’ health insurance. To date about 6.6 existing conditions and allowing children to re- States low-income and minority people are un- million young adults up to age 26 have al- main on their parents’ insurance plan. derserved and uninsured, with this in mind the ready taken advantage of this section of the Mr. COSTELLO. Madam Speaker, I rise health care reform legislation was passed by law, and have to obtained health coverage today in opposition to yet another effort to re- Congress and signed into law by President through their parents’ plan. Considering 3.1 peal the Affordable Care Act. Passed by the Obama on March 23 of 2010. This law en- million of those young adults would be unin- House and the Senate, signed by the presi- sures that all Americans have access to qual- sured without this coverage, this law has dent and confirmed by the Supreme Court, I ity, affordable health care. The non-partisan made a major impact in young peoples’ lives. do not support repeal of this law. Congressional Budget Office has determined I believe it is imperative to the future well- While the Affordable Care Act is not perfect, that this law will provide coverage to 32 million being of our country that we provide the up- it has had tremendous positive impacts al- more people, or more than 95 percent of coming generations with this form of adequate ready, eliminating pre-existing condition re- Americans, while at the same time lowering and equal healthcare coverage. strictions, allowing young adults to remain on health care costs over the long term and re- In addition, the law now includes a section their parents’ insurance until age 26, and mak- ducing the deficit by $138 billion through 2019, regarding funding to states for home visitation ing prescription drugs more affordable for our with $1.2 trillion additional deficit reduction in programs. The funding provides a critical op- seniors. For too long our system has needed the following 10 years. portunity for federal, state, and local commu- to be reworked to achieve greater savings and When considering this law I cannot help but nities to improve the health and well-being of improved patient outcomes. Now that the Su- think of the 52,000 children and families from children and families. Quality, early childhood preme Court has found this law constitutional, the 7th district of Illinois that do not have cov- visitation is a proven and cost-effective meth- we need to concentrate on implementing it as erage or have low-quality health care cov- od to improve schools readiness, well-being, efficiently as possible. The statistics speak for erage. The Affordable Care Act provides the and health for children and families. I truly be- themselves: following benefits to these individuals: lieve in the importance of this provision that is

VerDate Mar 15 2010 02:22 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4634 Sfmt 9920 E:\CR\FM\A11JY7.017 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4804 CONGRESSIONAL RECORD — HOUSE July 11, 2012 why we have worked bipartisantly for over five The law also provides funding to improve They deserve better. We all do. years to establish these evidenced based pre- quality of care and management of chronic Repealing the Affordable Care Act would be vention grants to prepare our youngest citi- diseases that are more prevalent amongst Af- a significant setback for these Georgians as zens for success in school and life. rican Americans and Latinos. This will ensure well as the entire nation. According to a Older adults spend more money on health that individuals with chronic diseases can re- Washington Post editorial Tuesday, since the related costs than any other age group and ceive the medication and care needed for their health reform law was enacted, increases in they have the most health related needs, for wellbeing. It is reassuring to know that 105 national health expenditures have slowed, this reason I am grateful that this law extends million Americans will no longer have a life- saving Americans more than $220 billion. In coverage to older adults. I am proud that we time limit on their coverage. Georgia alone, the closure of the ‘‘donut hole’’ can now rest assured because, 4.5 million Af- I feel that one of the greatest benefits of the in coverage to date has saved Medicare re- rican American and 3.9 million Latino elderly Affordable Care Act are the laws that assists cipients over $13 million. Already over three and disabled who receive Medicare will have medical institutions in eliminating disparities million residents are free from worrying about expanded access to preventative services with that both African Americans and Latinos face lifetime limits on coverage. The law’s insur- no cost-sharing, including annual wellness vis- in their heath care services. More funding is ance reforms, which already have taken effect, its with personalized prevention plans, diabe- now going towards data collection and re- will allow 123,000 young Georgians stay on tes and colorectal cancer screening, bone search about health disparities. The second their parents’ plan until age 26 and ensure the mass measurements and mammograms. In part of this funding extends to increase racial protection of over 26 million children nation- fact, during 2011, 2.3 million seniors had a and ethnic diversity of health care profes- wide with pre-existing conditions. free Annual Wellness Visit under Medicare. sionals and strengthen cultural competency Now that it has been upheld by the United We have seen this law continue to help older training among providers. This will improve di- States Supreme Court, we must work together adults during 2012, with already 1.1 million versity and equality in the health care industry. to ensure that the Affordable Care Act remains seniors receiving a free visit within the past six In fact it is estimated that by 2014 the percent- the law of land so that America can be a months. We should also note that in 2011, age of African Americans in the National Serv- healthier, more prosperous, and more just na- 32.5 million seniors received one or more free ice Corps will increase from 6 percent to 18 tion. preventive services. I believe this is out- percent, and the percentage of Latinos will in- What I said two years ago still holds true standing, and with 14 million seniors having crease from 5 percent to 21 percent. This is today. As a man of faith, I know that Jesus already received these services this year, we an amazing improvement that I am proud to taught us to provide and care for others, espe- can anticipate even more seniors being served witness during my service. I hope that this in- cially the ‘‘least of these,’’ or those that have by the end 2012. crease in diversity inspires and empowers the few advocates. I believe He would take care I am proud that the Affordable Care Act also next generation of doctors, nurses and sur- of this immediate need of the people and not includes the Community First Choice Option, it geons to advocate for even further health care let them fend for themselves. This law goes a is a provision I have worked very hard on. equality for all people. long way toward living up to this moral prin- This law is a major step forward to ending Mr. ISRAEL. Madam Speaker, I rise today ciple, and I urge my colleagues to oppose its Medicaid’s institutional bias by allowing states to speak in opposition to the Patients’ Rights repeal. to give individuals with disabilities who are Repeal Act. Mrs. MILLER of Michigan. Madam Speaker, Medicaid eligible and who require an institu- House Republicans began the majority by I have some simple questions for those who tional level of care to choose between receiv- passing a budget that takes Medicare away support Obamacare . . . how does the hiring ing care at home or in a nursing facility. Re- from seniors. They are now trying to end their of over 16,000 new IRS agents provide any- ceiving community-based services and sup- majority by passing a repeal of patient protec- one greater access to care? How does hiring ports is critical to allowing people to lead inde- tions for everyone else in the middle class. 16,000 new IRS agents improve the doctor pendent lives, play an active role in day-to-day With this bill, they will take away a woman’s patient relationship? How does hiring 16,000 family life, have jobs, and participate in their protection against an insurance company’s de- new IRS agents lower the cost of healthcare? communities. These are services our older cision to deny coverage because breast can- The fact is those new IRS agents won’t do adult population and citizens with disabilities cer is a preexisting condition. They will take anything to improve healthcare because IRS need. It will keep them stronger and healthier away coverage of kids on their parent’s policy agents don’t help deliver affordable and ac- longer. until the age of twenty-six. They will take away cessible healthcare—they collect taxes and I am extremely happy that in 2014 Medicaid the prohibition against lifetime and annual lim- Obamacare is definitely chock full of new coverage will expand to include families with its. taxes to be collected. incomes at or below 133 percent of the federal House Democrats want to move forward to Taxes on tanning, taxes on healthcare poli- poverty guidelines. Our public health care sys- pass comprehensive legislation to help small cies the government deems are too good, tem is overloaded and stretched past the businesses create jobs and strengthen the taxes on employers for providing health insur- breaking point and the extension of Medicaid middle class. House Republicans want to ance the government deems is not good is critical to sustaining that system. This ex- move backwards to repeal patient protections enough, taxes on income, taxes on drug man- pansion will now include adults without de- in order to help big insurance companies and ufacturers, taxes on medical devices, and pendent children living at home; this is a pop- weaken the middle class. even a massive new tax for not having health ulation that has previously not been eligible in Mr. BISHOP of Georgia. Madam Speaker, insurance. most states. This ensures that all individuals when I first ran for Congress in 1992, I While President Obama has done little to have equal access to health care coverage. I pledged to my constituents that I would use help create the private sector jobs we so des- will be watching closely to ensure that this the political process to improve the lives of perately need in this country he has certainly provision of the law is implemented in a man- people and communities of the Second Con- done a lot to promote full employment among ner consistent with the best interests of the gressional District of Georgia. For this reason, tax collectors. American people. I supported the Affordable Care Act in 2010 The fact of the matter is those who wrote The Affordable Care Act has expanded cov- because I believed that it would make a sig- this bill sold it to Congress and the American erage to minority and low-income individuals, nificant difference in making health care more people saying that the individual mandate was who have historically had the lowest heath affordable and more accessible. not a tax, and it is a massive new tax. And I care coverage. In fact, it is estimated that by I still believe in the effectiveness of the law would hazard to say that if it was sold as what 2016, 3.8 million African Americans and 5.4 more than two years after its enactment. In it truly is then it never would have passed ei- million Latinos, who would otherwise be unin- fact, it is needed now more than ever. My Dis- ther the House or Senate. sured will gain coverage. This means that by trict has high rates of diabetes, cancer, heart Just before passage then Speaker PELOSI 2016, 6.2 million Americans who would other- disease, and obesity. Many of my constituents famously said we had to pass the bill to find wise have to go to the emergency room for a cannot get health insurance because they out what’s in it. Well the American people minor ear ache now has the opportunity to go have reached their lifetime limit or they have have found out what is in Obamacare and to a primary physician at a medical home. a pre-existing condition. I also have heard they don’t like it one bit. Sure there may be Also, starting in August, millions of women will from seniors who cannot afford their prescrip- parts that they like, but not the full trillion dol- begin receiving free coverage for a package of tion drugs because they have fallen into Medi- lar monstrosity. comprehensive women’s preventive services. care’s ‘‘donut hole,’’ small businesses owners We can do better and the American people This allows us to anticipate lower rates of pre- who find the cost of health insurance to be too certainly deserve better. natal medical issues and that future genera- high, and residents of rural communities who Let’s repeal this bill today, start over and tions will be born healthy. must travel long distances to find a doctor. give the American people what they want . . .

VerDate Mar 15 2010 02:22 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4634 Sfmt 9920 E:\CR\FM\A11JY7.020 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4805 legislation that supports private sector solu- age, 2 percentage points faster than per-per- that would repeal the health care law. The tions to reduce costs, improve access to care son economic growth. In other words, new health care law is unworkable, and strengthen the doctor patient relationship healthcare costs have outpaced our national unaffordable, compromises the doctor-patient out of the reach of your local IRS agent. income. relationship, and undermines individual liberty Mr. RIVERA. Madam Speaker, I rise in sup- Now add Obamacare: massive new entitle- and personal freedom. It was for these rea- port of the ‘‘Repeal of Obamacare Act’’ before ments, additional dependence on government, sons and others that I opposed the bill two us today. I commend our Leadership for bring- tax hikes, bureaucratic micromanagement of years ago. ing this bill to the Floor so quickly to enable healthcare, and the possibility of Congress Let’s remember that this health care law us to start the important process of repealing taxing other forms of inactivity in the future. In was drafted behind closed doors and the and replacing this job-destroying healthcare 2014, Obamacare will significantly expand American people were told by congressional law. Our vote today demonstrates once again Medicaid to childless adults with incomes up leaders at the time that Congress had to pass our commitment to our constituents that we to 138 percent of the poverty level. If states it so that the American people could see what will protect them from government interference don’t expand Medicaid, 11.5 million very poor was in the 2,000-page bill. Americans have with their relationship with their doctors and adults will be on their own. That is more than begun to see more of what is in the bill, and fulfills our promise that we will protect all the entire population of Greece. according to the latest polls most Americans Americans from new taxes on the middle Americans that fail to follow the healthcare want the law repealed. Dozens of states, in- class. mandate will be required to pay a penalty, or cluding Florida, have indicated that they will I strongly support healthcare reform, for ex- an Obamatax, starting in 2014. When fully do what the Supreme Court has said they can ample, by offering tax credits for individuals to phased in two years later, the penalty will be do, and that is to refuse to implement key purchase healthcare insurance, by allowing $695 for each uninsured adult or 2.5 percent components of the law. small businesses to pool together beyond of family income, whichever is greater, up to For America’s senior citizens there are key state lines, thus gaining bargaining leverage to $12,500. provisions of this law that are of great con- purchase more affordable health insurance Madam Speaker, America is facing a gen- cern. The Congressional Budget Office’s policies for their workers, and by prohibiting in- uine healthcare crisis. But our country also March 1, 2010 analysis concluded that the surance companies from denying coverage has 13 million unemployed and millions of oth- health care law cuts Medicare spending by at due to pre-existing conditions. ers are struggling. They simply can’t afford a least $500 billion. It also leaves in place the As we begin the process of replacing new tax imposed by Washington. There is a flawed Medicare physician payment system Obamacare with commonsense reforms that way to improve both our healthcare system that threatens senior’s access to physicians as lower healthcare costs for families and small and fiscal outlook, and it starts by repealing it allows a 33% reimbursement cut to take ef- businesses and increase access to affordable Obamacare. fect on December 31, 2012. This will harm quality care, we must ensure that the replace- Mr. PLATTS. Madam Speaker, today’s vote seniors’ access to medical care. ment includes critical Medicaid funding for by the U.S. House of Representatives to re- The new health care law makes deep cuts Puerto Rico and the other territories. The peal the health care law will ensure continued to Medicare Advantage plans, which will result scrutiny of a complex law that was wrongly funding, originally added to Obamacare legis- in millions of seniors’ losing their MA health rushed through the legislative process and lation because it was the sole legislative vehi- plans. In fact, millions of seniors’ were sched- largely remains a mystery to a vast majority of cle available at the time, has just begun to re- uled to lose their MA plans on December 31, the American people. Given that rising health verse federal policy that has treated our fellow 2012, except that the Administration ‘‘found’’ care costs are the main driver of our Nation’s money to plug the hole for one year so that Americans in Puerto Rico inequitably. Where long-term debt crisis, it is imperative for Con- seniors would not receive a letter two months previously Washington paid less than 20 per- gress to fully debate a policy that will have from now telling them that their MA health cent of Puerto Rico’s Medicaid costs, the fed- such dramatic ramifications for future genera- plan would no longer be available to them. eral government is now paying 35 percent of tions of Americans. Seniors are also very concerned about the the cost of the program. This is a step in the The health care law was enacted more than Independent Payment Advisory Board (IPAB), right direction, but still far below equal treat- two years ago. Yet health care costs continue which has broad unbridled authority to unilat- ment. By comparison, the federal government to rise. Uncertain business owners are hesi- erally eliminate Medicare benefits. IPAB must pays nearly 70 percent for the District of Co- tant to invest and hire workers. And major por- be repealed. lumbia’s program and 75 percent for Mis- tions of the law—including higher taxes on Americans were promised that they would sissippi’s program. How can we continue to businesses, increased taxes on certain med- be able to keep their current health care plan, ask the U.S. citizens of Puerto Rico to do their ical devices, and countless new regulations— but millions of Americans would have already share in service to our country—with hundreds have yet to even be implemented. This mas- lost their plan had a temporary waiver not of thousands serving honorably in the U.S. sive new entitlement program will cost tax- been granted to simply delay their loss until military—when the federal government isn’t payers more than $2 trillion per decade, fur- next year. Millions more will lose their current doing its part to treat them fairly in federal pro- ther burdening our already crippling national coverage and be forced into government di- grams like Medicaid? This isn’t about a hand debt. rected health care in 2014 if this law is not re- out, but rather a level playing field to provide Truly reforming our health care system re- pealed. a fair and just level of medical care to every quires a common-sense, step-by-step ap- Americans were told that the law would American citizen. proach that will lower costs and better ensure save money and would ‘‘only’’ cost $938 bil- I have voted to repeal Obamacare, and will access to affordable, quality health care. Op- lion. However, the non-partisan Congressional continue to do so until we prevail, and intend ponents of the health care law have long pro- Budget Office (CBO) recently raised the 10- to work on reform measures that include ac- posed alternative solutions—such as allowing year cost of the law to $1.8 trillion. The United cess to high quality health care at affordable small businesses to form health insurance States has a national debt of over $16 trillion costs. Ensuring the current levels of Medicaid pools and join together across state lines to and we simply cannot afford the new law, as funding for Puerto Rico and the territories purchase health insurance, medical mal- it will continue to saddle future generations of must be part of that reform effort. practice liability reform, and insurance reforms Americans with debt they cannot possibly Mr. MARCHANT. Madam Speaker, the Su- addressing the issues of pre-existing condi- repay. preme Court ruled that the individual mandate tions and allowing young adults to remain on We were promised the health care law was Constitutional. But the cost of the Patient their parents’ plans—that would achieve these would ‘‘lower your premiums by $2,500 per Protection and Affordable Care Act, or goals. family’’ by the end of 2012. But even the Kai- ‘‘Obamacare’’, remains grievously The status quo in health care is clearly un- ser Family Foundation’s 2011 Annual Health unsustainable. Unless Obamacare is repealed, acceptable. A narrow majority of the Supreme Benefits Survey found that premiums in- either in whole or in part, America’s healthcare Court may have upheld the constitutionality of creased by over $1,200 in just the first year system will prove to be a ticking fiscal time the health care law last week, but that does since the law’s passage and they expect pre- bomb. not change the fact that this law is clearly bad miums to continue climbing. Regardless of the Obama plan, healthcare public policy. Congress must continue to press We do not need the health care law’s 159 payment rates across Medicare, Medicaid, and for true, common-sense reforms focused on new federal agencies and boards that are private insurance are alarming. According to lowering the cost of health care for all Ameri- being created to stand between you and your the Congressional Budget Office, between cans. doctor. Twelve of the nearly two dozen new 1975 and 2005, annual per-person health Mr. POSEY. Madam Speaker, I rise to ex- taxes included in the law will specifically in- spending in the United States rose, on aver- press my support for the bill before us today crease taxes on those making less than

VerDate Mar 15 2010 02:22 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4634 Sfmt 9920 E:\CR\FM\A11JY7.024 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4806 CONGRESSIONAL RECORD — HOUSE July 11, 2012 $250,000 a year. These new taxes will not SEC. 5. MEMBERS OF THE HOUSE OF REP- whom I respect and admire have taken RESENTATIVES WHO VOTE TO RE- strong positions saying we should up- make health care any cheaper, but will further PEAL HEALTH CARE FOR THEIR add to the tax burden that is straining family CONSTITUENTS MUST FORFEIT hold and enforce the law, as I believe budgets and hampering the ability of small THEIR OWN TAXPAYER-SUBSIDIZED strongly. businesses to create jobs. HEALTH BENEFITS. But whether you believe in the repeal While I believe that there are shortcomings (a) FORFEITURE OF FEHBP BENEFITS BY of the law or the upholding of the law, ANY MEMBER VOTING IN FAVOR OF HEALTH in our health care system, this health care law you ought to believe in the basic prin- CARE REPEAL.—A Member of the House of was the wrong prescription, and it is for that Representatives who votes in favor of pas- ciple that when we write a law around reason it should be repealed and replaced sage of this Act (including the repeal of the here, we should live by that law the with a plan based on individual choice, per- patient benefit protection provisions de- same way everybody else does. So my sonal liberty and economic freedom. scribed in subsection (b)) shall become ineli- final amendment says that supporters The SPEAKER pro tempore. All time gible to participate, as such a Member, in of repeal should live by the same con- for debate has expired. the federally funded Federal employees sequences that everyone else will live Pursuant to House Resolution 274, health benefits program (FEHBP) under by if they succeed in repealing the law. the previous question is ordered on the chapter 89 of title 5, United States Code, ef- You see, because if my amendment fective at the beginning of the first month bill. after the date of the enactment of this Act. does not pass and the bill passes, Mem- The question is on the engrossment (b) PATIENT BENEFIT PROTECTION PROVI- bers of Congress will be protected if an and third reading of the bill. SIONS.—For purposes of subsection (a), the insurance company tries to discrimi- The bill was ordered to be engrossed patient benefit protection provisions de- nate against us because we have had and read a third time, and was read the scribed in this subsection include any provi- breast cancer or asthma or diabetes, third time. sion of (or amendment made by) the Patient but our constituents will not enjoy The SPEAKER pro tempore. Pursu- Protection and Affordable Care Act or the that protection. Health Care and Education and Reconcili- If my amendment does not pass but ant to clause 1(c) of rule XIX, further ation Act of 2010 that provides for or protects consideration of H.R. 6079 is postponed. patient benefits, including the following: the underlying repeal bill does pass, Members of Congress cannot be forced f (1) PROHIBITION OF PREEXISTING CONDITION EXCLUSIONS.—Section 2704 of the Public to pay higher premiums because they MESSAGE FROM THE PRESIDENT Health Service Act relating to the prohibi- are female or because they are a cer- A message in writing from the Presi- tion of preexisting condition exclusions or tain age, but our constituents will not dent of the United States was commu- other discrimination based on health status. enjoy that protection. (2) FAIR HEALTH INSURANCE PREMIUMS.— If the final bill passes without my nicated to the House by Mr. Brian Section 2701 of the Public Health Service Act Pate, one of his secretaries. amendment passing, we will be able to relating to fair health insurance premiums, take our sons and daughters who are f and prohibiting gender-based discriminatory premium rates. less than 26 years of age and keep them RECESS (3) COVERAGE OF ADULT CHILDREN UNTIL AGE on our own policies, but the people who The SPEAKER pro tempore. Pursu- 26.—Section 2714 of the Public Health Service pay our salaries, our constituents, will ant to clause 12(a) of rule I, the Chair Act relating to the extension of dependent not have that protection. declares the House in recess subject to coverage for adult children until age 26. If the underlying repeal bill passes (4) CLOSURE OF MEDICARE PART D DONUT without the amendment that I’m offer- the call of the Chair. HOLE.—Section 1860D–14A of the Social Secu- Accordingly (at 2 o’clock and 19 min- ing, then we would, as Members of Con- rity Act relating to the Medicare part D cov- gress, get help paying high prescription utes p.m.), the House stood in recess. erage gap discount program. drug bills under Medicare, but our con- f (5) NO LIFETIME OR ANNUAL LIMITS.—Sec- tion 2711 of the Public Health Service Act re- stituents under Medicare would not b 1500 lating to no lifetime or annual limits. enjoy that same benefit. (6) PREVENTIVE HEALTH SERVICES COVERAGE If my amendment does not pass, and AFTER RECESS WITHOUT COST SHARING.— the underlying repeal bill passes, if, The recess having expired, the House (A) Section 2713 of the Public Health Serv- God forbid, a member of our families is was called to order by the Speaker pro ice Act relating to the coverage of preven- struck with a horrible disease or malig- tive health services without cost sharing. tempore (Mrs. EMERSON) at 3 p.m. nancy and runs up millions of dollars (B) The amendments made by sections 4103 of bills, the insurance company will f and 4104 of the Patient Protection and Af- fordable Care Act (as amended by section not be allowed to say, ‘‘Sorry, we’re REPEAL OF OBAMACARE ACT 10406 of such Act), relating to an annual going to stop paying your health care The SPEAKER pro tempore. Pursu- Medicare wellness visit and Medicare pay- bills because you’ve run up against a ant to clause 1(c) of rule XIX, further ment for preventive services without cost lifetime or annual policy limit,’’ but consideration of the bill (H.R. 6079) to sharing including colorectal cancer screen- Members of Congress will have that repeal the Patient Protection and Af- ing. protection. fordable Care Act and health care-re- The SPEAKER pro tempore. Pursu- So, you see, I think this comes down lated provisions in the Health Care and ant to the rule, the gentleman from to a basic point: If we write a law, we Education Reconciliation Act of 2010, New Jersey is recognized for 5 minutes should live by it. This is something will now resume. in support of the motion. that I think most Members, liberal, The Clerk read the title of the bill. (Mr. ANDREWS asked and was given conservative, Republican, Democrat, permission to revise and extend his re- MOTION TO RECOMMIT say when we go home to our district. marks.) We, frankly, have all encountered Mr. ANDREWS. Madam Speaker, I Mr. ANDREWS. Madam Speaker, if constituents who wonder why we don’t have a motion to recommit at the my amendment passes, we will proceed pay into Social Security. The truth is desk. immediately to final passage of this we all do—we all do—just the way our The SPEAKER pro tempore. Is the bill. It doesn’t delay or defer consider- constituents do. gentleman opposed to the bill? ation in any way. We run into constituents who say Mr. ANDREWS. I am. My amendment raises the following that they don’t understand why our The SPEAKER pro tempore. The question: Should Members of Congress sons and daughters can pay off their Clerk will report the motion to recom- live by the same laws we write for ev- student loans or get them forgiven for mit. eryone else? free when their kids can’t. That’s false. The Clerk read as follows: I say we should. Our sons and daughters live under ex- Mr. Andrews moves to recommit the bill The last 2 days have been filled with actly the same student loan rules ev- H.R. 6079 to the Committees on Energy and sincere focus and passionate debate Commerce, Ways and Means, and Education erybody else does. and the Workforce with instructions to re- about the future of the Affordable Care We have people ask us, you know, port the same to the House forthwith with Act. Members whom I respect and ad- how come we don’t follow the tax laws the following amendment: mire have taken strong positions say- everybody else does. We most certainly Add at the end the following new section: ing we should repeal the law. Members do. Republican, Democrat, liberal, and

VerDate Mar 15 2010 02:45 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JY7.031 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4807 conservative live by exactly the same ing to end the era of broken promises. Doyle Levin Richardson Edwards Lewis (GA) Richmond laws that we write. We are trying to end the era of Wash- Ellison Lipinski Rothman (NJ) b 1510 ington-controlled health care. Engel Loebsack Roybal-Allard We believe, as do most of the Amer- Eshoo Lofgren, Zoe Ruppersberger I don’t think we should make an ex- ican people, that patient-centered care Farr Lowey Rush ception to that policy here. And if you Fattah Luja´ n Ryan (OH) is our goal. That’s where we need to Filner Lynch Sa´ nchez, Linda don’t vote for this final underlying start. We start along the path towards Frank (MA) Maloney T. amendment—and I think we all that goal by repealing ObamaCare. Fudge Markey Sanchez, Loretta should—if you don’t vote for this final ObamaCare has added cost upon cost. Garamendi Matsui Sarbanes underlying amendment, understand Gonzalez McCarthy (NY) Schakowsky In fact, the average American family, Green, Al McCollum Schiff what happens. Members of Congress are in terms of the premiums that they Green, Gene McDermott Schrader protected against preexisting condi- pay, has paid a premium increase of ap- Grijalva McGovern Schwartz tions, but our constituents aren’t. Gutierrez McIntyre Scott (VA) proximately $1,200 since the passage of Hahn McNerney Scott, David Members of Congress are permitted to ObamaCare. In fact, the CBO estimates Hanabusa Meeks Serrano have our sons and daughters on our that insurance premiums for individ- Hastings (FL) Michaud Sewell policies until they’re 26, but our con- uals buying private health coverage on Heinrich Miller (NC) Sherman stituents can’t. Members of Congress Higgins Miller, George Sires their own will increase by $2,100 in 2016 Himes Moore Slaughter can’t be charged more for premiums compared to what the premiums would Hinchey Moran Speier because of their age or their gender, have been if the law had not passed. Hinojosa Murphy (CT) Stark but our constituents can. Members of Hirono Nadler Sutton This is why, when study after study is Hochul Napolitano Thompson (CA) Congress under Medicare would get cer- showing that people are not able to Holden Neal Thompson (MS) tain rights and privileges and their pre- keep the health care they like, it’s be- Holt Olver Tierney scription drugs, but our seniors and cause of the cost. People aren’t able to Honda Owens Tonko constituents can’t. Israel Pallone Towns afford it. The employers are unable to Jackson Lee Pascrell Tsongas I think whether we agree or disagree afford it. (TX) Pastor (AZ) Vela´ zquez with the Affordable Care Act, we all We are after patient-centered care. Johnson (GA) Pelosi Visclosky ought to agree with this principle: We are after affordable care. And we Johnson, E. B. Perlmutter Walz (MN) When Congress writes a law, we should Kaptur Peters Wasserman are trying to improve and enlarge the Keating Peterson Schultz all live by it. access to care. ObamaCare fails on all Kildee Pingree (ME) Waters So I would respectfully say to my those fronts. Kind Polis Watt friends, both Republican and Demo- Kucinich Price (NC) Waxman So, Madam Speaker, it is not a game Langevin Quigley Welch crat, if you believe in the law you’re to be played, as is evident in this mo- Larsen (WA) Rahall Wilson (FL) having to vote for today, then vote to tion to recommit. It is about the Amer- Larson (CT) Rangel Woolsey live under it as well. Vote ‘‘yes’’ on ican people and that health care. Lee (CA) Reyes Yarmuth this motion to recommit. Madam Speaker, I urge my col- NAYS—248 I yield back the balance of my time. leagues to vote against the motion to Mr. CANTOR. Madam Speaker, I rise Adams Dent Huizenga (MI) recommit and urge them instead to Aderholt DesJarlais Hultgren in opposition to the motion to recom- vote for the passage of repeal of Akin Diaz-Balart Hunter mit. ObamaCare. Alexander Dold Hurt Amash Dreier Issa The SPEAKER pro tempore. The gen- I yield back the balance of my time. tleman from Virginia is recognized for Amodei Duffy Jenkins The SPEAKER pro tempore. Without Austria Duncan (SC) Johnson (IL) 5 minutes. objection, the previous question is or- Bachmann Duncan (TN) Johnson (OH) Mr. CANTOR. Thank you, Madam Bachus Ellmers Johnson, Sam dered on the motion to recommit. Barletta Emerson Jones Speaker. There was no objection. First of all, I would say to the gen- Barrow Farenthold Jordan The SPEAKER pro tempore. The Bartlett Fincher Kelly tleman, my friend from New Jersey, we question is on the motion to recommit. Barton (TX) Fitzpatrick King (IA) Bass (NH) Flake King (NY) on this side of the aisle care about the The question was taken; and the health care of the American people. Benishek Fleischmann Kingston Speaker pro tempore announced that Berg Fleming Kinzinger (IL) That’s why we’re here. That’s why I the noes appeared to have it. Biggert Flores Kissell brought this bill forward, along with Bilbray Forbes Kline Mr. ANDREWS. Madam Speaker, on Bilirakis Fortenberry Labrador and on behalf of my colleagues. It is that I demand the yeas and nays. not about Members of Congress. It is Bishop (UT) Foxx Lamborn The yeas and nays were ordered. Black Franks (AZ) Lance not about trying to say that you get The SPEAKER pro tempore. Pursu- Blackburn Frelinghuysen Landry Bono Mack Gallegly Lankford health care and we don’t get health ant to clause 8 and clause 9 of rule XX, care. Boren Gardner Latham this 15-minute vote on the motion to Boustany Garrett LaTourette This is a dire situation for millions of recommit will be followed by 5-minute Brady (TX) Gerlach Latta Americans. There are so many things Brooks Gibbs Lewis (CA) votes on passage of the bill, if ordered, Broun (GA) Gibson LoBiondo going on right now—critical, critical and adoption of House Resolution 726. needs out there across this country Buchanan Gingrey (GA) Long The vote was taken by electronic de- Bucshon Gohmert Lucas where people are out of work, people vice, and there were—yeas 180, nays Buerkle Goodlatte Luetkemeyer Burgess Gosar Lummis don’t have their health care. People are 248, not voting 3, as follows: hurting. And for us to sit here and dis- Burton (IN) Gowdy Lungren, Daniel [Roll No. 459] Calvert Granger E. cuss a motion to recommit like this, I Camp Graves (GA) Mack YEAS—180 just don’t think, Madam Speaker, it is Campbell Graves (MO) Manzullo what the American people would like Ackerman Butterfield Cooper Canseco Griffin (AR) Marchant Altmire Capps Costa Cantor Griffith (VA) Marino us to be doing. It is about health care Andrews Capuano Costello Capito Grimm Matheson for Americans. Baca Cardoza Courtney Carter Guinta McCarthy (CA) Most Americans do have health care. Baldwin Carnahan Critz Cassidy Guthrie McCaul Most Americans like the health care Barber Carney Crowley Chabot Hall McClintock Bass (CA) Carson (IN) Cuellar Chaffetz Hanna McHenry they have, but it’s just too expensive. Becerra Castor (FL) Cummings Coble Harper McKeon And more and more Americans are Berkley Chandler Davis (CA) Coffman (CO) Harris McKinley going to go without health care be- Berman Chu Davis (IL) Cohen Hartzler McMorris Bishop (GA) Cicilline DeFazio Cole Hastings (WA) Rodgers cause of this law. And as the President Bishop (NY) Clarke (MI) DeGette Conaway Hayworth Meehan said when he first started this discus- Blumenauer Clarke (NY) DeLauro Cravaack Heck Mica sion in 2009, Americans that have Bonamici Clay Deutch Crawford Hensarling Miller (FL) health care and like it should be able Boswell Cleaver Dicks Crenshaw Herger Miller (MI) Brady (PA) Clyburn Dingell Culberson Herrera Beutler Miller, Gary to keep it. Well, that is clearly a prom- Braley (IA) Connolly (VA) Doggett Davis (KY) Hoyer Mulvaney ise that’s been broken. And we are try- Brown (FL) Conyers Donnelly (IN) Denham Huelskamp Murphy (PA)

VerDate Mar 15 2010 02:45 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.057 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4808 CONGRESSIONAL RECORD — HOUSE July 11, 2012 Myrick Rogers (KY) Stearns Forbes Latham Roby McGovern Rahall Slaughter Neugebauer Rogers (MI) Stivers Fortenberry LaTourette Roe (TN) McNerney Rangel Smith (WA) Noem Rohrabacher Stutzman Foxx Latta Rogers (AL) Meeks Reyes Speier Nugent Rokita Sullivan Franks (AZ) Lewis (CA) Rogers (KY) Michaud Richardson Stark Nunes Rooney Terry Frelinghuysen LoBiondo Rogers (MI) Miller (NC) Richmond Sutton Nunnelee Ros-Lehtinen Thompson (PA) Gallegly Long Rohrabacher Miller, George Rothman (NJ) Thompson (CA) Olson Roskam Thornberry Gardner Lucas Rokita Moore Roybal-Allard Thompson (MS) Palazzo Ross (AR) Tiberi Garrett Luetkemeyer Rooney Moran Ruppersberger Tierney Paul Ross (FL) Murphy (CT) Rush Tipton Gerlach Lummis Ros-Lehtinen Tonko Paulsen Royce Gibbs Lungren, Daniel Roskam Nadler Ryan (OH) Turner (NY) Towns Pearce Runyan Gibson E. Ross (AR) Napolitano Sa´ nchez, Linda Turner (OH) Tsongas Pence Ryan (WI) Gingrey (GA) Mack Ross (FL) Neal T. Upton Van Hollen Petri Scalise Gohmert Manzullo Royce Olver Sanchez, Loretta Vela´ zquez Pitts Schilling Walberg Goodlatte Marchant Runyan Owens Sarbanes Visclosky Platts Schmidt Walden Gosar Marino Ryan (WI) Pallone Schakowsky Poe (TX) Schock Walsh (IL) Gowdy Matheson Scalise Pascrell Schiff Walz (MN) Pompeo Schweikert Webster Granger McCarthy (CA) Schilling Pastor (AZ) Schrader Wasserman Posey Scott (SC) West Graves (GA) McCaul Schmidt Pelosi Schwartz Schultz Price (GA) Scott, Austin Westmoreland Graves (MO) McClintock Schock Perlmutter Scott (VA) Waters Quayle Sensenbrenner Whitfield Griffin (AR) McHenry Schweikert Peters Scott, David Watt Reed Sessions Wilson (SC) Griffith (VA) McIntyre Scott (SC) Peterson Serrano Waxman Rehberg Shimkus Wittman Grimm McKeon Scott, Austin Pingree (ME) Sewell Welch Reichert Shuler Wolf Guinta McKinley Sensenbrenner Polis Sherman Wilson (FL) Renacci Shuster Womack Guthrie McMorris Sessions Price (NC) Shuler Woolsey Ribble Simpson Woodall Hall Rodgers Shimkus Quigley Sires Yarmuth Rigell Smith (NE) Yoder Hanna Meehan Shuster Rivera NOT VOTING—2 Smith (NJ) Young (AK) Harper Mica Simpson Roby Smith (TX) Bonner Jackson (IL) Young (FL) Harris Miller (FL) Smith (NE) Roe (TN) Smith (WA) Hartzler Miller (MI) Smith (NJ) Young (IN) Rogers (AL) Southerland Hastings (WA) Miller, Gary Smith (TX) b 1553 Hayworth Mulvaney Southerland NOT VOTING—3 So the bill was passed. Heck Murphy (PA) Stearns The result of the vote was announced Bonner Jackson (IL) Van Hollen Hensarling Myrick Stivers Herger Neugebauer Stutzman as above recorded. b 1545 Herrera Beutler Noem Sullivan A motion to reconsider was laid on Huelskamp Nugent Terry the table. Messrs. RIGELL, GARY G. MILLER Huizenga (MI) Nunes Thompson (PA) of California, PALAZZO, BARROW, Hultgren Nunnelee Thornberry f Hunter Olson Tiberi and SMITH of Washington changed Hurt Palazzo Tipton THE CONGRESSIONAL CHALLENGE their vote from ‘‘yea’’ to ‘‘nay.’’ Issa Paul Turner (NY) CUP Messrs. CICILLINE, CHANDLER, and Jenkins Paulsen Turner (OH) (Mr. CRENSHAW asked and was CONYERS changed their vote from Johnson (IL) Pearce Upton Johnson (OH) Pence Walberg given permission to address the House ‘‘nay’’ to ‘‘yea.’’ Johnson, Sam Petri Walden for 1 minute.) So the motion to recommit was re- Jones Pitts Walsh (IL) Mr. CRENSHAW. Madam Speaker jected. Jordan Platts Webster and Members of the House, I’ve been Kelly Poe (TX) West The result of the vote was announced King (IA) Pompeo Westmoreland asked to report the results of a com- as above recorded. King (NY) Posey Whitfield petition that took place on Monday at Stated for: Kingston Price (GA) Wilson (SC) the Columbia Country Club. Kinzinger (IL) Quayle Wittman Mr. VAN HOLLEN. Madam Speaker, on roll- Kissell Reed Wolf The competition is called the Con- call No. 459, I was unavoidably detained. Had Kline Rehberg Womack gressional Challenge Cup. It’s an event I been present, I would have voted ‘‘yea.’’ Labrador Reichert Woodall where a team of golfers from the Demo- The SPEAKER pro tempore. The Lamborn Renacci Yoder cratic side of the House plays a team of Lance Ribble Young (AK) question is on the passage of the bill. Landry Rigell Young (FL) golfers from the Republican side of the The question was taken; and the Lankford Rivera Young (IN) House. I wanted to report to the House Speaker pro tempore announced that that this year’s winner of the Congres- the ayes appeared to have it. NOES—185 sional Challenge Cup is the Republican RECORDED VOTE Ackerman Cooper Higgins team. Altmire Costa Himes Very briefly, I want to thank my Mr. ANDREWS. Madam Speaker, I Andrews Costello Hinchey demand a recorded vote. Baca Courtney Hinojosa teammates: TREY GOWDY, MICK A recorded vote was ordered. Baldwin Critz Hirono MULVANEY, JEFF DUNCAN, DUNCAN HUN- Barber Crowley Hochul TER, TOM ROONEY, REID RIBBLE, and The SPEAKER pro tempore. This is a Barrow Cuellar Holden STEVE SOUTHERLAND. I want to thank 5-minute vote. Bass (CA) Cummings Holt The vote was taken by electronic de- Becerra Davis (CA) Honda them for their dedication, their hard vice, and there were—ayes 244, noes 185, Berkley Davis (IL) Hoyer work, and, most of all, for just showing Berman DeFazio Israel not voting 2, as follows: up. Bishop (GA) DeGette Jackson Lee The big winner, Madam Speaker, is [Roll No. 460] Bishop (NY) DeLauro (TX) Blumenauer Deutch Johnson (GA) an organization called the First Tee. AYES—244 Bonamici Dicks Johnson, E. B. Over the last 11 years that we’ve had Adams Boustany Cravaack Boswell Dingell Kaptur this competition, over $1.5 million has Aderholt Brady (TX) Crawford Brady (PA) Doggett Keating Akin Brooks Crenshaw Braley (IA) Donnelly (IN) Kildee been raised for the First Tee. This is an Alexander Broun (GA) Culberson Brown (FL) Doyle Kind organization that works with young Amash Buchanan Davis (KY) Butterfield Edwards Kucinich people to try to touch their lives Amodei Bucshon Denham Capps Ellison Langevin Austria Buerkle Dent Capuano Engel Larsen (WA) through educational programs that Bachmann Burgess DesJarlais Cardoza Eshoo Larson (CT) deal with character, honesty, integrity. Bachus Burton (IN) Diaz-Balart Carnahan Farr Lee (CA) They work in all 50 States. They’ve Barletta Calvert Dold Carney Fattah Levin touched the lives of 4.5 million people Bartlett Camp Dreier Carson (IN) Filner Lewis (GA) Barton (TX) Campbell Duffy Castor (FL) Frank (MA) Lipinski over the years, and they do a lot of Bass (NH) Canseco Duncan (SC) Chandler Fudge Loebsack work in the inner cities and for the less Benishek Cantor Duncan (TN) Chu Garamendi Lofgren, Zoe fortunate. Berg Capito Ellmers Cicilline Gonzalez Lowey So it was a great day, and I want to Biggert Carter Emerson Clarke (MI) Green, Al Luja´ n Bilbray Cassidy Farenthold Clarke (NY) Green, Gene Lynch thank everybody for their involvement. Bilirakis Chabot Fincher Clay Grijalva Maloney Certainly, I want to yield time to my Bishop (UT) Chaffetz Fitzpatrick Cleaver Gutierrez Markey Democratic counterpart, to the captain Black Coble Flake Clyburn Hahn Matsui of the Democratic team, Mr. YARMUTH. Blackburn Coffman (CO) Fleischmann Cohen Hanabusa McCarthy (NY) Bono Mack Cole Fleming Connolly (VA) Hastings (FL) McCollum Mr. YARMUTH. I thank my good Boren Conaway Flores Conyers Heinrich McDermott friend from Florida.

VerDate Mar 15 2010 02:45 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JY7.027 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4809 I want to congratulate the Repub- Duncan (TN) Kline Rivera Lowey Peters Sewell licans on their victory. Ellmers Labrador Roby Luja´ n Peterson Sherman Emerson Lamborn Roe (TN) Lynch Pingree (ME) Sires All good things must come to an end. Farenthold Lance Rogers (AL) Maloney Polis Slaughter Our 5-year winning streak was broken Fincher Landry Rogers (KY) Markey Price (NC) Smith (WA) through, largely, superior play, al- Fitzpatrick Lankford Rogers (MI) Matsui Quigley Speier though I do question some of the strat- Flake Latham Rohrabacher McCarthy (NY) Rahall Stark McCollum Rangel Sutton egy that was invoked by the Repub- Fleischmann LaTourette Rokita Fleming Latta Rooney McDermott Reyes Thompson (CA) lican team, notably Mr. MULVANEY and Flores Lewis (CA) Ros-Lehtinen McGovern Richardson Thompson (MS) McNerney Richmond Mr. GOWDY wearing matching plaid Forbes LoBiondo Roskam Tierney Meeks Rothman (NJ) Tonko Bermuda shorts, which distracted all of Fortenberry Long Ross (AR) Michaud Roybal-Allard Towns Foxx Lucas Ross (FL) my team members. Miller (NC) Ruppersberger Tsongas Franks (AZ) Luetkemeyer Royce But seriously, this is a great event, Frelinghuysen Lungren, Daniel Miller, George Rush Van Hollen Runyan Gardner E. Moore Ryan (OH) Vela´ zquez and it was conducted very much in ac- Ryan (WI) Garrett Mack Moran Sa´ nchez, Linda Visclosky cordance with the nine core values that Scalise Gerlach Manzullo Murphy (CT) T. Walz (MN) Schilling the First Tee espouses, particularly Gibbs Marchant Nadler Sanchez, Loretta Wasserman sportsmanship, honesty, integrity, and Gibson Marino Schmidt Napolitano Sarbanes Schultz courtesy. I think all of us enjoyed the Gingrey (GA) Matheson Schock Neal Schakowsky Waters day and left the event much closer Gohmert McCarthy (CA) Schweikert Olver Schiff Watt Goodlatte McCaul Scott (SC) Pallone Schrader Waxman than when we started. There was a Gosar McClintock Scott, Austin Pascrell Schwartz Welch great spirit of collegiality as well as Gowdy McHenry Sensenbrenner Pastor (AZ) Scott (VA) Wilson (FL) competition. Granger McIntyre Sessions Pelosi Scott, David Woolsey Once again, I want to thank all of my Graves (GA) McKeon Shimkus Perlmutter Serrano Yarmuth fellow team members on the Demo- Graves (MO) McKinley Shuler NOT VOTING—6 Griffin (AR) McMorris Shuster cratic side. I congratulate the Repub- Griffith (VA) Rodgers Simpson Bishop (UT) Gallegly Lummis licans. Once again, I congratulate and Grimm Meehan Smith (NE) Bonner Jackson (IL) Reed thank the First Tee for all they do to Guinta Mica Smith (NJ) promote high qualities among our Guthrie Miller (FL) Smith (TX) b 1606 Hall Miller (MI) Southerland youth in America. Hanna Miller, Gary So the resolution was agreed to. Stearns The result of the vote was announced Mr. CRENSHAW. Madam Speaker, I Harper Mulvaney Stivers yield back the balance of my time. Harris Murphy (PA) Stutzman as above recorded. Hartzler Myrick Sullivan A motion to reconsider was laid on f Hastings (WA) Neugebauer Terry the table. Hayworth Noem Thompson (PA) PROVIDING FOR CONSIDERATION Heck Nugent Thornberry f Hensarling Nunes Tiberi OF H.R. 4402, NATIONAL STRA- Herger Nunnelee Tipton GENERAL LEAVE TEGIC AND CRITICAL MINERALS Herrera Beutler Olson Turner (NY) Hochul Owens Mr. WESTMORELAND. Mr. Speaker, PRODUCTION ACT OF 2012 Turner (OH) Huelskamp Palazzo The SPEAKER pro tempore. Without Upton I ask unanimous consent that all Mem- Huizenga (MI) Paul bers may have 5 legislative days in objection, 5-minute voting will con- Hultgren Paulsen Walberg Hunter Pearce Walden which to revise and extend their re- tinue. Walsh (IL) There was no objection. Hurt Pence marks and include extraneous material Issa Petri Webster The SPEAKER pro tempore. The un- West on H.R. 6079. Jenkins Pitts The SPEAKER pro tempore (Mr. FLO- finished business is the vote on adop- Johnson (IL) Platts Westmoreland tion of the resolution (H. Res. 726) pro- Johnson (OH) Poe (TX) Whitfield RES). Is there objection to the request Wilson (SC) viding for consideration of the bill Johnson, Sam Pompeo of the gentleman from Georgia? Jones Posey Wittman There was no objection. (H.R. 4402) to require the Secretary of Jordan Price (GA) Wolf the Interior and the Secretary of Agri- Kelly Quayle Womack f culture to more efficiently develop do- King (IA) Rehberg Woodall mestic sources of the minerals and King (NY) Reichert Yoder HOUR OF MEETING ON TOMORROW Kingston Renacci Young (AK) mineral materials of strategic and crit- Kinzinger (IL) Ribble Young (FL) Mr. WESTMORELAND. Mr. Speaker, ical importance to United States eco- Kissell Rigell Young (IN) I ask unanimous consent that when the nomic and national security and manu- House adjourns today, it adjourn to facturing competitiveness, on which NAYS—180 meet at 9 a.m. tomorrow. the yeas and nays were ordered. Ackerman Cohen Grijalva The SPEAKER pro tempore. Is there The Clerk read the title of the resolu- Altmire Connolly (VA) Gutierrez objection to the request of the gen- Andrews Conyers Hahn tion. Baca Cooper Hanabusa tleman from Georgia? The SPEAKER pro tempore. The Baldwin Costa Hastings (FL) There was no objection. question is on the resolution. Barber Costello Heinrich This is a 5-minute vote. Barrow Courtney Higgins f The vote was taken by electronic de- Bass (CA) Critz Himes Becerra Crowley Hinchey PERMISSION FOR MEMBER TO BE vice, and there were—yeas 245, nays Berkley Cuellar Hinojosa CONSIDERED AS FIRST SPONSOR 180, not voting 6, as follows: Berman Cummings Hirono OF H.R. 2181 [Roll No. 461] Bishop (GA) Davis (CA) Holden Bishop (NY) Davis (IL) Holt Mr. BUTTERFIELD. Mr. Speaker, I YEAS—245 Blumenauer DeFazio Honda ask unanimous consent to be consid- Adams Bono Mack Chabot Bonamici DeGette Hoyer ered as the first sponsor of H.R. 2181, a Aderholt Boren Chaffetz Boswell DeLauro Israel Akin Boustany Coble Brady (PA) Deutch Jackson Lee bill to authorize National Mall Liberty Alexander Brady (TX) Coffman (CO) Braley (IA) Dicks (TX) Fund D.C. to establish a memorial on Amash Brooks Cole Brown (FL) Dingell Johnson (GA) Federal land in the District of Colum- Amodei Broun (GA) Conaway Butterfield Doggett Johnson, E. B. bia to honor free persons and slaves Austria Buchanan Cravaack Capps Doyle Kaptur Bachmann Bucshon Crawford Capuano Edwards Keating who fought for independence, liberty, Bachus Buerkle Crenshaw Cardoza Ellison Kildee and justice for all during the American Barletta Burgess Culberson Carnahan Engel Kind Revolution. Bartlett Burton (IN) Davis (KY) Carson (IN) Eshoo Kucinich The bill was authored and introduced Barton (TX) Calvert Denham Castor (FL) Farr Langevin Bass (NH) Camp Dent Chandler Fattah Larsen (WA) by our friend and colleague, the late Benishek Campbell DesJarlais Chu Filner Larson (CT) Donald Payne, Sr., from the State of Berg Canseco Diaz-Balart Cicilline Frank (MA) Lee (CA) New Jersey. Biggert Cantor Dold Clarke (MI) Fudge Levin The SPEAKER pro tempore. Is there Bilbray Capito Donnelly (IN) Clarke (NY) Garamendi Lewis (GA) Bilirakis Carney Dreier Clay Gonzalez Lipinski objection to the request of the gen- Black Carter Duffy Cleaver Green, Al Loebsack tleman from North Carolina? Blackburn Cassidy Duncan (SC) Clyburn Green, Gene Lofgren, Zoe There was no objection.

VerDate Mar 15 2010 04:01 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.063 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4810 CONGRESSIONAL RECORD — HOUSE July 11, 2012 MINNESOTA LEADS IN CHARTER I urge my colleagues to oppose the BLOCKING PROPERTY OF PERSONS SCHOOL MOVEMENT cuts to SNAP. THREATENING THE PEACE, SE- CURITY, OR STABILITY OF (Mr. PAULSEN asked and was given f permission to address the House for 1 BURMA—MESSAGE FROM THE minute and to revise and extend his re- SUPPLEMENTAL NUTRITION PRESIDENT OF THE UNITED marks.) ASSISTANCE PROGRAM STATES (H. DOC. NO. 112–123) Mr. PAULSEN. Mr. Speaker, my The SPEAKER pro tempore laid be- (Mr. TONKO asked and was given home State of Minnesota has a remark- fore the House the following message permission to address the House for 1 able legacy when it comes to charter from the President of the United minute and to revise and extend his re- school education. By launching the States; which was read and, together marks.) first charter schools in the country, with the accompanying papers, referred Mr. TONKO. Mr. Speaker, I rise along with leading the way in public to the Committee on Foreign Affairs today to oppose the deep cuts proposed education and reform nationwide, we and ordered to be printed: to the Supplemental Nutrition Assist- have been able to serve our students ance Program. To the Congress of the United States: and community for the past 20 years in The SNAP program provides low-in- Pursuant to the International Emer- a better way. come families, our disableds, and our gency Economic Powers Act (50 U.S.C. In celebrating two decades now of elderly essential access to healthy 1701 et seq.) (IEEPA), I hereby report achievement, let’s ensure that this tra- foods. We should not ask our most vul- that I have issued an Executive Order dition continues by looking for further nerable citizens to go hungry to bal- (the ‘‘order’’) that modifies the scope of ways to improve these schools, making ance the Federal budget. A cut of $16 the national emergency declared in Ex- them effective for all American stu- billion in SNAP benefits will not ecutive Order 13047 of May 20, 1997, as dents. I was pleased, Mr. Speaker, that achieve that balanced budget. modified in scope in Executive Order my amendment to the Empowering 13448 of October 18, 2007, and relied SNAP benefits not only provide need- Parents Through Quality Charter upon for additional steps taken in Ex- ed nutritional support to recipients; Schools Act not only enhances teach- ecutive Order 13310 of July 28, 2003, Ex- they support local economies and our ing methods in schools, but also breaks ecutive Order 13448 of October 18, 2007, farm operations by boosting sales of down the barriers to make charter and Executive Order 13464 of April 30, fresh fruit and vegetables at farmers schools more accessible for the thou- 2008, and takes additional steps with markets and local grocery stores. Our sands of students that are now wait- respect to that national emergency. Nation’s farmers and ranchers produce listed across the country. In Executive Order 13047, the Presi- high-quality abundant foods in a sys- Young people should have the oppor- dent found that the Government of tem that is the envy of the world. tunity for a good education regardless Burma committed large-scale repres- There is no reason for anyone to go of their ZIP code. sion of the democratic opposition in hungry in the United States. Let’s Mr. Speaker, I want to recognize the Burma after September 30, 1996, and produce a food and farm bill that each recent anniversary for charter schools further determined that the actions day gives farmers a fair deal and en- and encourage their support in the and policies of the Government of sures all of our citizens nutritious years to come. Burma constitute an unusual and ex- meals. traordinary threat to the national se- f f curity and foreign policy of the United b 1610 States. To address that threat and to SUPPLEMENTAL NUTRITION GAME CHANGER FOR FOOTBALL implement section 570 of the Foreign ASSISTANCE PROGRAM FANS Operations, Export Financing, and Re- lated Appropriations Act, 1997 (Public (Ms. KAPTUR asked and was given (Mr. HIGGINS asked and was given Law 104–208), the President in Execu- permission to address the House for 1 permission to address the House for 1 tive Order 13047 prohibited new invest- minute.) minute and to revise and extend his re- ment in Burma. On July 28, 2003, the Ms. KAPTUR. Mr. Speaker the draft marks.) President issued Executive Order 13310, farm bill, unfortunately, contains seri- Mr. HIGGINS. Mr. Speaker, in my which contained prohibitions imple- ous damage to the Supplemental Nutri- home town of Buffalo, New York, near- menting certain provisions of the Bur- tion Assistance Program, the ly half the Bills games were blacked mese Freedom and Democracy Act of foundational food lifeline for millions out last season because, despite an av- 2003 (Public Law 108–61) and blocked of Americans. What a shame when un- erage game attendance of 67,000, the the property and interests in property employment levels remain too high, games were not sellouts because Ralph of persons listed in the Annex to Exec- with the cost of living rising, with food Wilson Stadium is one of the largest in utive Order 13310 or determined by the prices going up that affect so many of the league. Secretary of the Treasury, in consulta- our senior citizens, and millions of Last week, we learned that NFL own- tion with the Secretary of State, to Americans who live at the edge. Surely ers passed a resolution allowing teams meet designation criteria specified in this Congress can do better. to decide to broadcast games locally Executive Order 13310. In Executive Wall Street speculators and bankers when more than 85 percent of seats are Order 13448, the President expanded the got to keep all their bonuses, and the filled. This is a change to current pol- scope of the national emergency de- Republican majority can’t seem to find icy, which requires a stadium to be clared in Executive Order 13047, incor- their way to ask the richest to pay sold out. porated existing designation criteria something to help our Republic close If teams embrace this new policy, it set forth in Executive Order 13310, the gap. Millionaires and billionaires, will be a game changer for football fans blocked the property and interests in couldn’t they forego some of their ill- in Buffalo and across the Nation. This property of persons listed in the Annex gotten treasure, especially the specu- change would not have been possible to Executive Order 13448, and provided lators who led this Republic to the without the hard work and dedication additional criteria for designations of edge? of loyal sports fans, including Sports other persons. In Executive Order 13464, What do the Republicans do? Lit- Fans Coalition, the Buffalo Fan Alli- the President blocked the property and erally take food out of the mouths of ance, and the Bills Mafia. interests in property of persons listed children, seniors, the unemployed, the I urge the NFL owners to opt into in the Annex to Executive Order 13464 disabled—$16 billion worth. Citizens this policy and the Federal Commu- and provided additional criteria for who live at the edge of poverty receive nications Commission to consider a designations of other persons. $1.50 per meal in benefits. similar policy change. Fans support While the Government of Burma has The farm bill thus far takes food off their local stadiums with their tax dol- made progress towards political reform the table of up to 3 million Americans lars. It’s time for teams to give back in a number of areas, including by re- and asks nothing of millionaires and something in return for that commit- leasing hundreds of political prisoners, billionaires. What a shame. ment that they have made. pursuing ceasefire talks with several

VerDate Mar 15 2010 04:01 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.065 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4811 armed ethnic groups, and pursuing a b 1620 JOHN, you witnessed this vote just substantive dialogue with the demo- AFFORDABLE CARE ACT now to repeal health care. The Afford- cratic opposition, this reform is frag- able Care Act was providing hope and ile. I support this reform in Burma and The SPEAKER pro tempore. Under opportunity and promise to all genera- the building of a democratic political the Speaker’s announced policy of Jan- tions in this American mosaic. It is a process that will allow all of the people uary 5, 2011, the gentleman from New tragic moment. of Burma to be represented. However, I York (Mr. TONKO) is recognized for 60 Mr. GARAMENDI. Mr. TONKO, thank have found that the continued deten- minutes as the designee of the minor- you so very much. And thank you for tion of political prisoners, efforts to ity leader. beginning this discussion by going undermine or obstruct the political re- Mr. TONKO. This evening we are back into the history of the United form process, efforts to undermine or going to address for the coming hour States back to the development of So- obstruct the peace process with ethnic with a couple of our colleagues the cial Security and the extraordinary minorities, military trade with North issues of affordable health care and the benefit that that has brought to not Korea, and human rights abuses in fact that we see a pattern here that’s only seniors but to their children, to Burma particularly in ethnic areas, ef- established by the House that seems to families, knowing that when retire- fectuated by persons within and out- walk away from the needs of a middle ment age approached—65—there would side the Government of Burma, con- class, a working class in this society. be a foundation for whatever retire- stitute an unusual and extraordinary Our country depends upon a thriving ment program a person would have, threat to the national security and for- middle class, one that is given the re- and also for pointing out that for years eign policy of the United States. To ad- spect and the dignity it so much de- now, and certainly in the recent dec- dress this situation, the order imposes serves. And with the attacks on Social ade, our Republican colleagues have additional measures with respect to Security with its 76-year old history called for the privatization of Social Burma. and the efforts to privatize Social Se- Security. The order provides criteria for des- curity, we understand that that would Now if you trust Wall Street, then I ignations of persons determined by the put at risk a number of people. guess it’s a good idea. If we had any Secretary of the Treasury, in consulta- Not a single cent of Social Security lesson, we should have had the lesson tion with or at the recommendation of was lost to its recipients during the of 2008 and 2009, when Wall Street the Secretary of State: very painful recession. And likewise, in turned its back on the American public To have engaged in acts that directly the mid-sixties we saw the emergence and simply ripped us off to a fare-thee- or indirectly threaten the peace, secu- of Medicare, which allowed for, again, well and nearly collapsed the world rity, or stability of Burma, such as ac- the dignity factor to be presented and economy. Were it not for the efforts of tions that have the purpose or effect of found in the midst of our senior house- the Obama administration and, frank- undermining or obstructing the polit- holds where, at that point in time, ly, this Congress, it may very well have ical reform process or the peace proc- prior to Medicare, those who would re- happened. ess with ethnic minorities in Burma; tire would anticipate a decline in their And then you pointed out Medicare To be responsible for or complicit in, income and their economic security coming along in 1964, 1965 and the way or responsible for ordering, controlling, simply because of the impact that their in which that has protected seniors. I or otherwise directing, or to have par- health care costs would have on their remember as a young child—I think I ticipated in, the commission of human retirement years. Since then, not only was probably 7 or 8—my dad took me rights abuses in Burma; have we seen a stronger sense of secu- down to the county hospital to visit To have, directly or indirectly, im- rity and stability in those senior one of our neighbor ranchers. I’ve got ported, exported, reexported, sold or households, but we have seen a to tell you it was horrible. That was supplied arms or related materiel from strengthening of the response to the the only care available for a senior who North Korea or the Government of health care needs of our seniors be- had no money. And then Medicare North Korea to Burma or the Govern- cause of the stability that Medicare came along, and 60 percent of Amer- ment of Burma; produced and the quality of the care To be a senior official of an entity ica’s seniors were in poverty prior to that has been part and parcel to the Medicare. Now, with Social Security that has engaged in the acts described Medicare history. above; and Medicare, it’s somewhere around And so now, in its infancy, the Af- 10, 15 percent. An enormous boost. Yet To have materially assisted, spon- fordable Care Act is under threats with sored, or provided financial, material, twice this House has voted to termi- the repeal measure that was just taken nate Medicare. Not the Democrats. Our or technological support for, or goods on this House floor to undo the or services to or in support of, the acts Republican colleagues twice have voted progress that was achieved for, again, to terminate Medicare so that every described above or any person whose America’s health care consumers. It is property and interests in property are American less than 55 years of age a troubling notion, at best. This hour would not receive Medicare. They blocked pursuant to the order; or of discussion will be dedicated to the To be owned or controlled by, or to would be given a voucher and told to go concerns that we have for the economic have acted or purported to act for or on fight as best they could in the private ripple effects that befall the middle behalf of, directly or indirectly, any insurance market. class, which needs to be a thriving mid- person whose property and interests in And then today, another major effort property are blocked pursuant to the dle class, and the impact of several of by the Democrats to provide health order. these attacks that seem to undermine care for all Americans—a health insur- I have delegated to the Secretary of the very foundations upon which secu- ance policy that you knew was there, the Treasury the authority, in con- rity is provided to America’s great pop- that you could count on, that would be sultation with the Secretary of State, ulations. affordable. The 31st time, today, a full to take such actions, including the pro- So we’re concerned. We’re concerned repeal or a partial repeal was taken up mulgation of rules and regulations, and about that repeal and what it means, and passed by our Republican col- to employ all powers granted to the what is removed from the equation of leagues. President by IEEPA as may be nec- success that was brought about a cou- So what’s an American to do? What essary to carry out the purposes of the ple of years ago as we worked in a bi- does it mean to Americans? Let’s spend order. partisan, bicameral way with the some time talking about what this All agencies of the United States White House to make certain that a means to Americans if you didn’t have Government are directed to take all growing need out there that found this Medicare. If you don’t have the Afford- appropriate measures within their au- country as the only industrialized na- able Care Act, what would it mean? thority to carry out the provisions of tion to not have a universal health I’m going to start, if I might, or the order. care program, when that is put at risk would you like to start? I am enclosing a copy of the Execu- again because of the efforts to repeal. Mr. TONKO. Absolutely. We, I know, tive Order I have issued. We are joined by my colleague from are joined by some of our colleagues. BARACK OBAMA. California, Representative JOHN But if you want to go through your THE WHITE HOUSE, July 11, 2012. GARAMENDI. chart.

VerDate Mar 15 2010 02:45 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A11JY7.032 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4812 CONGRESSIONAL RECORD — HOUSE July 11, 2012 Mr. GARAMENDI. Let me just take watched this as insurance commis- people, especially yesterday when the up the Patient’s Bill of Rights very, sioner. I fought the insurance compa- Republicans came forward with a usual very quickly. I was the insurance com- nies day in and day out as they denied set of horribles, this after the bill was missioner in California for 8 years. The coverage, as they refused to provide passed, now when we ought to be think- insurance industry puts people behind the coverage, as they told people they ing of the best ways to implement it. profits. Profits before people. And couldn’t get care. But the law is in But none of those horribles about what they’re concerned about making sure place now. The law is in place, and it’s was going to happen because of the that they have a healthy group of cus- going to stay in place despite the vote health care bill was data based. tomers. They don’t want sick people. today. We ought to ask ourselves: Why Sick people cost money. So over the Mr. TONKO, thank you. would the Republicans not use the one years they have developed a whole set Mr. TONKO. And interestingly, Rep- existing experience that we have, the 6- of discriminatory practices to exclude resentative GARAMENDI, we’ve been re- year experience of the Massachusetts from coverage people they don’t want minded I think by the general public health care law, which is the very to take care of because they might be that the legislature, the legislative model for the health care law we expensive. body here, Congress, took up the bill. passed? And that, of course, was a law So in the Affordable Care Act there is They passed it. It went over to the that was engineered by their own can- the Patient’s Bill of Rights that forces President. He signed it. The highest didate for President, Mitt Romney. the insurance companies to end insur- court in the land, a conservative-lean- Well, I had occasion to look at the ance discrimination. And here’s just ing court, reviewed it, made their deci- experience under that bill because, as some of them: sion and rendered a decision that said you may know, our colleagues had Children with preexisting conditions. it met with constitutionality. hearings all around the House yester- An example, my chief of staff, his son People are saying go forward. Move day on health care reform as a prelude was covered by insurance the day he on. Get to the issues that now have got to the repeal vote on the floor. And I was born. The second day of his life to be resolved, and that is the econ- was in the Oversight and Government they discovered that kid had very seri- omy, creating the jobs, producing the Reform Committee, and the hearing ous renal failure; kidney failure. Bam, post-recession responsiveness that peo- was on the impact on jobs. Now, if you the insurance was over. That family ple so much require and deserve, and want to scare the American people, tell was off their insurance policy; gone, that’s where they’re at. them that the bill is going to add to done. No longer. We’re talking about I We’ve been joined by Representative the problems in their jobs. think 14 million American children ELEANOR HOLMES NORTON who has One of the witnesses was a State sen- that are going to get coverage regard- joined us. ator from Massachusetts, who has been less of what their health circumstances Representative, thank you for join- a State senator for 2 years. He was not might be. ing us in the Special Order. in the senate when Governor Romney’s Young adults. This one is close to Ms. NORTON. Well, I want to thank bill was passed. He is the CEO of Cape home. I’ve got six children. Every one you, Representative TONKO, and my Air. That’s a 1,000-employee company. of them have passed through that age other good colleague, Representative It’s a tough business because it’s the of 21 when they were no longer on our GARAMENDI, for leading this special airline business. It’s a regional airline. insurance policy. Most recently, my order and for offering the perspective And he had some real-time experience daughter. Twenty-one years of age, that you’ve begun this hour with, for us. covered by an insurance company for 21 something that our fathers and grand- And I think it’s important just to say years and 9 months. The day of her 21st fathers are responsible for, the Great- a few words about what Massachusetts birthday, off the insurance policy. est Generation, and now has been em- Senator Daniel Wolf said who for 6 We’re now talking about every young braced by the American people. And as years served on the Federal Reserve American 21 to 26 stays on their par- proud Democrats, we are very, very Board’s Advisory Council of New Eng- ents’ health policy. proud of that, of these very important land, who was board chair of one of the She also happens to be a woman. reforms. largest chambers of commerce in Mas- Women are discriminated against in in- I wanted to come to the floor as well sachusetts and is a trustee of the larg- surance because they have a pre- to offer some real-life, real-time evi- est mutual bank in the Cape and Is- existing condition: They could get dence as people try to judge what lands region. He is a small businessman pregnant. That’s expensive. We don’t they’ve heard on the floor today and of the kind we have in mind when we want to cover them, say the insurance what they heard on the floor yesterday talk about small business. This is what companies. No, no. Under the Patient’s about the health care bill. We teach he reported: That his premiums Bill of Rights, the discrimination our children fair play, you win some, today—under the Massachusetts bill against every woman in America on you lose some. And when you lose, then which this bill, our bill, is patterned their insurance policy is over. Appar- you’ve lost that one; you try again an- after—are roughly 3 percent of his com- ently, our Republican colleagues don’t other time. pany’s gross income. And to quote him: care about these very, very important What they’ve seen in the House this ‘‘Health care reform has not stifled efforts to end insurance discrimina- year and last year are the Republicans business.’’ Since the passage of the tion. trying to repeal financial reform. They Massachusetts health care reform bill, We can go on here. Seniors. Who lost that. It’s as if the law of the land the very bill that is the model for our among us doesn’t have a preexisting weren’t the law of the land. Now health care bill, this company has condition? High blood pressure, juve- they’re trying to repeal health care re- added 15 percent more Massachusetts- nile diabetics, type II diabetes. Try to form even when the Supreme Court an- based jobs. get insurance without the Affordable nounces the law of the land. They’ve He talked about premiums. Impor- Care Act—you’re out of luck. You come to the point where they do not tantly, he said that just before the pas- won’t get insurance. recognize the law of the land as an- sage of the Massachusetts law, pre- nounced by passage in the Senate and miums were going up 15 to 20 percent. b 1630 the House, signature of the President, They are down now—going up 5 per- So the Patient’s Bill of Rights, and, in the case of the health care re- cent. And he said last year he was able should today’s action become law, is form bill, the imprimatur, which is the to negotiate a 5 percent decrease. My repealed, and along with it, the protec- last word, of the Supreme Court. friends, part of this, a great part of tions that 315 million Americans pres- But as I heard the debate, I was con- this, has to do with the large insurance ently have—presently have. No more cerned that the American people would pool that, of course, Massachusetts insurance discrimination. The ability be concerned in the face of this econ- citizens are in now when you see these to get insurance is guaranteed. No omy about what they hear our col- reductions. more discrimination. leagues on the other side say the The State spending for health care Yes, I’m a little passionate about health care bill will do to the economy, reform programs last year represented this one because I’ve watched this. I’ve and attempt to essentially frighten a 1.4 percent increase in the State

VerDate Mar 15 2010 02:45 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.068 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4813 budget. Two-thirds of their residents number as high as 5.3 million, and illustrate what you’ve been talking support the health care reform. probably climbing in the short order of about tonight. Here’s a story from To- It was extraordinary testimony from time. What an important, significant ledo, Ohio, a real story of a couple that a businessman who had no reason to savings. I hear it all the time from sen- was forced to drop their health cov- come forward. He’s not a politician. iors in my district who are always erage after the wife got sick and their Yes, he’s in the State senate, but he reaching into their pockets after that health insurance premiums jumped has the credibility of being in the Sen- doughnut hole is hit, and they get the from $800 a month in 2007 to $1,200 a ate and being a quintessential small benefit for a while until they hit a cer- month in 2008. How many families businessman. tain threshold. As we all know, many, across our country, when somebody I want to suggest to my colleagues in a short order of months, are digging gets sick, the premium goes up? This that there’s a reason why our col- into their own pockets. These are bill is wonderful because it doesn’t leagues do not point to the only real medications that are required to stay allow that to happen. experience that could tell us something well, and in many cases to stay alive. For this family, the cost in 2009 about what is going to happen with There are 32.5 million seniors receiv- would have risen to $1,600 a month, this law, and that is because they are ing free preventative services—health with a $2,500 deductible. So what did not driven by data, but by some ide- care screenings, the annual checkup, the couple do? They dropped their in- ology that is not understandable. But flu shots—items that are brought to surance. They couldn’t afford the in- once you get it in your head that if their benefit in order to, again, under- surance, even though the wife was sick. you’re against the bill even when it’s score the value added of wellness. But because of the law that we passed, passed, you’ve got to do all you can to Strengthening consumer protections the wife received coverage through a kill it—If it’s health care reform, you for seniors in the part D program, high-risk insurance pool that was set kill health care reform. If it’s financial something I heard a lot of favorable re- up within our State following the pas- reform, even after the worst recession view about, and 85 percent of Medicare sage of the law. They’re paying $400 a since the Great Depression, then you Advantage plan revenues going toward month—less than they paid before, half try to kill that. senior medical care rather than profits of what they paid before—and they I think that in hearing what has hap- for the insurance industry. have a $1,500 deductible. Literally, the pened in Massachusetts that you would So these are big changes. These are new insurance coverage saves them think Mitt Romney would be shouting changes that were welcomed by the $15,000 a year, which for them was from the hilltops about it. When you senior community. I can tell you, if unaffordable. That’s why they dropped see what’s happened in Massachusetts, you close that doughnut hole by the their insurance. But just that family what the Republicans, what we our- year 2020, as the Affordable Care Act is alone tells us how important this act selves should be doing is studying in to do, you’re providing a major benefit is. And think of how many cases across depth the experience of Massachusetts, for seniors, with the advancement of this country have similarities to seeing what their mistakes were, look- pharmaceuticals that speak to all sorts theirs. From Marblehead, Ohio, which is ing at their successes, instead of of illnesses. This is a wonderful oppor- very central to the district that I’m throwing horribles out there based on tunity for them to understand the at- privileged to represent, a small busi- no data and based on nothing. tachment that is essential. I heard of far too many people adjust- ness owner, a woman, was diagnosed b 1640 ing their dosages of medications to bal- with lupus. She was turned down by I thank you for coming forward to ance their family’s budgets. That is not multiple insurance companies because start a discussion that helps give the the best outcome for health care. This she had a preexisting condition. But American people some broader sense of advances sound decisionmaking, effi- because of this act and the high-risk insurance pool in Ohio, she was able to what this struggle is about and helps ciencies, the best use, the wisest use of obtain a plan for $315 a month, with a them to understand that when they resources and, again, speaking to the $2,500 deductible—that was her choice. hear the word ‘‘repeal,’’ it is not what dignity factor of our country’s senior But she has obtained insurance, even it means. In order to repeal, you have citizens. though she has a preexisting condition. to get both Houses and the signature of Representative MARCY KAPTUR from How many Americans have you said the President. Ohio, a great Representative, a strong have preexisting conditions? This al- People should be alerted that this voice for consumers in this House, lows them to continue to pay, not be law is here to stay. It is almost impos- thank you for joining Representative canceled. So they’re contributing to sible—it will be almost impossible, un- GARAMENDI and me. It’s great to have the pool, the insurance pool; and less there is a Herculean change in the you here. I know that you’re hearing a House, the Senate, and the Presidency, they’re able to take care of themselves. lot in the State of Ohio. Finally, the third example I wish to to change the Congress in the direction Ms. KAPTUR. I want to thank you, of those who oppose the law. Absent place on the table is a senior citizen Congressman TONKO, for your leader- couple that faced a $3,000 to $4,000 bill, that, every Member of this House who ship on so many issues that relate to an extra prescription drug cost, after believes in law and order, who believes the well-being of the American people the husband developed a staph infec- in the rule of law, has an obligation to and our economy. tion. How many families do we know sit down together to make this law Health care is one-sixth of the leg of have relatives that develop staph infec- work and not try to undermine it. To the stool that holds up the Republic. It tions? That required them to spend a the extent that you undermine it, you is a major industry. When you look at lot more money in 2009 and 2010 on pre- are now undermining the health care of all of our medical hospitals, all of our scription drugs. Thankfully, the hus- the citizens of the United States of schools, the nursing profession, den- band’s health has improved, and America. tistry, and you take it all together, it they’ve saved money thanks to the Mr. TONKO. Thank you, Representa- is a massive employer across our coun- doughnut hole provisions you talked tive HOLMES NORTON. try. about that took effect in 2010. So they You know, you talk about the strug- Congressman GARAMENDI, coming didn’t have to pay that extra money gle and the move to repeal. It obvi- from California, your experience is so for the prescription drugs necessary ously didn’t place consumers first and vast in terms of your leadership at the that you have to take when you get an foremost in that thought process. It State level there, and now here as a infection. You have to take those for a was probably listening to those deep Member of Congress. So I’m very proud very long time, and they’re very expen- pockets of interest that did not want to stand with colleagues from New sive. The wife said of their situation: to be pulled to the table to provide bet- York and California, coastal ter outcomes for our consumers. For seniors like Paul and me living on lim- powerhouses, from the State of Ohio ited income through Social Security, these Look at the benefits of the health right in the middle of the country costs were not a joke. Because of the Afford- care law for our seniors: 5.1 million there. able Care Act, no senior will ever have to go seniors receiving savings on their pre- I wanted to add to your discussions through what Paul and I spent that year scription drugs. Actually, I’ve seen this this evening some real-life stories that doing.

VerDate Mar 15 2010 02:45 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.072 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4814 CONGRESSIONAL RECORD — HOUSE July 11, 2012 By the end of this decade, that that there will be a doable outcome, in California, or actually next year in doughnut hole will be completely that they won’t have to cut medication California, there will be an exchange. closed at the rate of $500 a year; $500 a in half so that they could have enough So even though she spent those last 20 year to a senior citizen is a mountain money to do all the other items that years as an independent contractor, of money—$50 is a lot of money because are required of them, to pay utility selling various things over those years, they’re on limited incomes. Most peo- bills, or to afford to eat for that given she could enter into a large pool, that ple depend on Social Security to hold month—the fact that they would cut is the exchange, where she would have their lives together. So to get bills of their medication in half is not a sound the same opportunity to buy a low-cost $500 or $5,000, it’s an impossibility. thing. They’re spending money, and policy as though she were in Ford I challenge every American who’s lis- it’s probably ineffective. Motor Company with hundreds of thou- tening to my words tonight and every And so tethering people to a system sands of employees. young person who has a conscience, go that is sound and secure. You know, Our Republican colleagues would to the supermarket and look for some when people say, well, I don’t want to abolish the exchanges. And I just think of the people who are staring at the pay for someone’s insurance, I don’t about what could have been. There was vegetables, or raspberries, or fish, and want to pay for this health care pro- no exchange, and she wasn’t able to get they can’t afford to buy it. Maybe you gram. You’re paying today through that insurance; but had she lived, and could slip them a couple bucks in the premiums and through taxes. You’re had other men and women with diabe- supermarket—nobody would even know paying for the worst sort of outcome tes or serious heart issues or other about it. I’ve done that so many times. by putting people into emergency kinds of problems, medical problems, And they can buy something they want rooms and having them visit with a dif- they could get insurance in the ex- that they can’t afford to buy. ferent doctor each time they visit and change and be part of a large pool. So when you’re a senior citizen, lim- not having the stability and the stand- Simultaneously, if they didn’t have ited income is a real fact of everyday ardized outcome that is predictable and the income, they would be able to get life. So for all of the millions and mil- effective and efficient. a subsidy. If their income was less than lions of Americans, Congressman These are the dynamics that are driv- the poverty level, that insurance would TONKO, that you talked about, this is en by the soundness of a policy like be free through the Medicaid program. being lived life by life, family by fam- this, that, yes, will take investment, And if they were above the poverty ily in the State of Ohio. but will get far greater bang for the level, it would be subsidized so that it I’m very pleased to join both of you buck than what we’re getting today would be affordable. and to thank the President of the with a haphazard sort of response that I guess this is really about compas- United States for having the guts to does not provide continuity or direc- sion. This is about our very moral stick with his convictions, and our tion or standardization or predict- sense of who we are as Americans, do Speaker then, NANCY PELOSI, for fight- ability and certainty. We will be far we have compassion, and do we care for ing so hard for every vote in this House better off and a much more compas- our fellow citizens. and really helping to lift all of America sionate response is rendered. On today’s floor I heard the most as- to a different plane for the future. From a taxpayer perspective, from a tounding arguments, arguments based The last thing I will say is, I come consumer perspective, it’s a far great- upon falsehoods, just flat out false- from a small business family. Our fa- er, stronger, more intelligent outcome; hoods. I heard the Speaker here say ther was one of those people that had and it speaks to, I think, the core fab- that the Affordable Care Act cost em- to sell his business because he got sick. ric of this wonderful country that we ployment. But since the Affordable He had to get health insurance for his do truly care. And this is a way to Care Act has been in place for the last family, so he went to work for an auto- show it and still be economically 2 years, private sector employment has motive company. sounder in our attempts. grown every single month. b 1650 Thank you for sharing the anecdotal Now, there may have been some com- And I remember how ill he became, evidence. pany that decided not to employ some- and what a horrible choice that was for Representative GARAMENDI, you and I body, or maybe they went out of busi- him back then. have done a number of these Special ness for any number of reasons. But Half the uninsured in this country Orders on this House floor, and I find it private sector employment has grown are small businesses. The law says if fascinating to see what the response is every single month for the last 28 you have 50 or under, you don’t have to out there from the public, who always months. So, taken as a whole, the Af- provide insurance; but if you’re inter- call to engage and get more informa- fordable Health Care Act didn’t retard ested, those exchanges will be there for tion. And so the fact that we can pro- employment. It didn’t cause the num- you. And there will also be plans that vide more information on what is in- ber of private sector employees to de- your employees can buy into if they cluded in the Affordable Care Act, I cline. In fact, they’ve grown. want to. think, is a good opportunity here. And I also heard the very same per- Wow, do I wish that had existed in And I know you always have a lot to son, with the very same argument, say the 1950s when we were growing up as say and a lot to share, and your walk that it’s driven up health care costs. young children and our dad could have in your professional life as insurance Well, excuse me, take a look at the sta- had that plan so he wouldn’t have had commissioner was an important bit of tistics, the health care statistics. to sell his business. What a difference strength for all of us in the caucus. We’ve actually seen, in the last 2 years, that would have made in our family. Mr. GARAMENDI. Our colleague, since the Affordable Health Care Act And that story is repeated by the MARCY KAPTUR, reminded me of a per- went into effect, a significant decline tens of millions across this country. sonal story, personal things. in the rate of inflation for health care. Half of those who could potentially My sister-in-law was a juvenile dia- In fact, the rate of inflation for health benefit are small business owners and betic, and I think of what would her care in the last 2 years, 2010 and 2011, their workers. circumstances be if she had had this was the lowest rate of growth in every Thank you for doing this Special law when she was alive. The last 20 year except one in the last 50 years. It Order tonight as we speak on behalf of years of her life were a struggle. The was 3.9 percent. the American people. company she worked for folded, and her Those are not my statistics. They’re Mr. TONKO. Thank you, Representa- health insurance was lost. And she not pulled out of the air. Those are tive KAPTUR. Please feel free to share spent the last 20 years of her life strug- government statistics about health more information with us. The anec- gling financially, medically, and really care inflation—3.9 percent, which was dotal evidence that you provide from unable to get the kind of continuity of the lowest rate of inflation in general your region alone speaks to the em- care necessary. She got a lot of help health care in the last 50 years, except powerment that is part of this transi- from her family; but even so, it was a only one other year. tion, this progressive policy. struggle. How about the cost of premiums? And to now attempt to repeal, just as Under the law today, she would have Before I get there, the average health you’ve given people the sense of hope been able to get insurance. And in 2014, care spending in 2000 to 2009 was 6.8

VerDate Mar 15 2010 02:45 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.071 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4815 percent per year. That’s the annual Now, when you talk about the efforts started and, ironically, when I started growth, 6.8 percent per year. In 2010 today of the Affordable Care Act to in- my service in the House of Representa- and 2011, as I just said, it was 3.9 per- clude an exchange, what I think is of- tives. We were in a dark, deep hole. To cent, nearly 50 percent less. tentimes lost, Representative come out of that with 29 consecutive Let’s get our facts right. Put aside GARAMENDI, is people see this as some months of private sector job growth the rhetoric and deal with the facts. If sort of public exchange that is going to and to come out of that with over 4 you’re going to come down here, as be run by the government. In fact, million jobs created in the private sec- Speaker or anybody else, use facts in when we set up an exchange and when tor and to go forward with an effort to your argument. Don’t just throw out a private sector sources come to the reform our health care system in a way number. table, if they’re willing to abide by the that extends greater opportunity and Mr. Speaker, if you’d like to debate rules, if they’re going to govern them- beacons of hope to families, individ- it on the floor with me, come on down. selves by the parameters that have uals, those who are catastrophically Seniors paying more? No, I don’t be- been established in the legislation, ill, those denied because of preexisting lieve so. No, they don’t pay more. they can then offer services through conditions, pharmaceuticals Medicare Advantage enrollees, the cost the exchange. So it’s a private sector unaffordable for many seniors, to have of premiums for Medicare Advantage solution but with new caveats of pa- all that turned around and to have all was 16 percent less in 2012 than in 2010. rameters that are established so as to of this progress of the comeback trail The Affordable Health Care Act, was it provide benefit for the consumer. from the recessionary period that was responsible for that? Partly, yes, be- When you think of it, if there are far too long and far too deep and far cause the Affordable Health Care Act firms that hire 10 people and one of too painful than anyone ever fore- took $150 billion, $15 billion a year, those 10 becomes catastrophically ill, casted—to strike that kind of progress away from the insurance companies the actuarial impact of that one indi- and then have it met with 31 consecu- and plowed it back into Medicare bene- vidual circumstance can drive pre- tive efforts to repeal the situation is fits. miums up for that small business in The drug benefit that you were talk- regrettable. It’s regrettable. very high order. That kind of impact is Representative GARAMENDI, you’ve ing about—free medical services, pre- unacceptable for the small business been here for those 31 efforts. Has any- ventative services. community that today pays some 18 thing changed? It’s the same old, same b 1700 percent more for its insurance and of- old that is being expressed out there The result was a 16 percent reduc- tentimes gets weaker coverage. that does not, I think, meet the con- tion—an overall average—across the With the benefits of an exchange that cerns of individuals out there from United States for Medicare Advantage. is private sector-driven, you now have coast to coast. Oh, by the way, these are statistics the opportunities that people can have Mr. GARAMENDI. You are abso- from Mercer, one of the health care that actuarial measurement made in a lutely correct. We really need to get to consulting companies. I think I’ll let it pool of perhaps millions so that the un- jobs. go at that. There are more statistics steady and unpredictable kind of out- I notice some of our Republican col- about that. come for small business is now ren- leagues are here. They’ll be taking the Mr. Speaker and my colleagues on dered more efficient and more sensitive next hour, and I suspect they are going the Republican side, if you want to by shaving the peaks that may occur in to pick up something that was said come down and debate the issue of a universe as small as 10 people. over and over again over the last 2 health care inflation, then you’d better So there is a science to this. There is days. I just want to put on the table come down here with real facts. Don’t thoughtfulness that has been pumped some facts, some facts about what is come down here with a lot of just talk. into the discussion; and by inserting really going on here. Health care inflation has gone down that thoughtfulness, we have come up I heard speakers come to the floor, since the Affordable Care Act has been with reforms that really speak to a including the Speaker of the House, put in place. wiser use of this country’s health care saying the Affordable Care Act was the Mr. TONKO, why don’t you pick it up dollars. It was a folding in of progress largest middle class tax increase ever. from here. Maybe I’ll have a challenge over the course of several years that Well, I’m sorry. The Washington Post on the floor from the Speaker. We’ll was initiated with its passage a couple Fact Checker said the health care law see. of years ago that needed time to work. will provide more tax relief than tax Mr. TONKO. The gentleman from To then move to repeal before a num- burden for middle class families. A re- California speaks of the Medicare Ad- ber of these programs are even imple- port from the nonpartisan Congres- vantage programs. Obviously, they mented and for people to just play poli- sional Budget Office shows that an es- came about because there were those tics with the lives of individuals, with timated 4 million individuals will like- who suggested they could do it cheap- the health care quality of individuals, ly pay the penalty because they’re not er. Give us a special model out there is regrettable, and then for us to be going to buy insurance. Okay? That’s and launch it as a pilot, and we’ll show asked to visit for the 31st time a repeal about 1.2 percent of the total popu- you how we can do this special pro- exercise in some 19 consecutive lation. gramming and give us a return. months. They also estimated that 16 million After reviewing now what is the his- We used this week of session in Con- Americans—that’s four times more— tory of all of that, it was deemed that gress to debate for hours, to message will receive tax credits, or subsidies, to there were overpayments of anywhere for hours, to come to the floor for help them pay for insurance coverage from 10 to 14 percent. So the dollars votes. These were session days that through the new exchanges. Now, were slid over to programs like filling were used up for the repeat of an exer- that’s 5 percent of the population. The the doughnut hole and providing for cise that time and time and time again CBO estimates that the government screenings for our seniors, not taking has been conducted just to politically will provide $630 billion in tax credits it away from a category of health care posture when, in fact, the American and subsidies for insurance over the consumers—in this case, an age demo- public is saying, Look, you voted on next 11 years and only $54 billion in graphic of seniors—but taking those this. Look, the President signed it into penalties—taxes or tax increases—on savings, as we sweep those savings, and law. Look, the Supreme Court—the the middle class. then reinvesting them in a way that highest law in the land, the conserv- So the fact of the matter is the mid- provides balance and more sensitivity ative-leaning Court—has ruled con- dle class is going to get an enormous for the consumer rather than having stitutionality. tax benefit as a result of this. Those record profits developed for an indus- They want us to move forward with who buy insurance are actually going try. To me, that was progressive pol- job creation, with responding to the to see their taxes reduced as they buy icy. And for people to then take those cures this economy needs. We started insurance. They’ll have health care savings and use them in their own with a terrible pit of a recession: 8.2 coverage at an affordable cost, their budget presentations for other pur- million jobs lost and 800,000 jobs being taxes will go down, they’ll receive sub- poses was disingenuous. lost per month as this administration sidies. The essential point here is that

VerDate Mar 15 2010 02:45 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.075 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4816 CONGRESSIONAL RECORD — HOUSE July 11, 2012 it is not a tax increase, the over- Well, the American public isn’t going cure those contracts that then trans- whelming, largest-ever on the middle to be fooled twice. The American pub- late into jobs. class. In fact, it is a huge tax reduc- lic will come to know that in the Af- There is an interconnectedness here tion. fordable Health Care Act there is real that goes well beyond health care pol- Secondarily, there is a decreased cost benefit for Americans. icy. It falls into the realm of economic to every American who buys health in- Mr. TONKO, thank you for bringing us recovery and business creation and all surance today because there will not be to this floor. Thank you for bringing us sorts of quality-of-life issues that mar- a shift of cost from the uninsured to the opportunity to talk about what is ket our neighborhoods, our States, and the insured and to the taxpayer. That’s real. our Nation for jobs. precisely what happens when you have Mr. TONKO. Representative We know what’s happening in other some 40 million Americans uninsured. GARAMENDI, I couldn’t agree more with Nations. They have taken the bull by They get sick. Fortunately, in this Na- the need to exchange statistics here, the horns, and they have put together tion, we have not yet come to the point the real stats on what is happening. We a good, sound system, and we were when we do not provide health care to only have a short history, but already comfortable to have status quo be our people who are sick and in need of care. it’s a powerful statement. rule, our guiding light. It was the bold- They get it at the emergency room, When you look at healthy preg- ness of those leaders that came forward and they get it at the community clin- nancies, that front-end life investment and said: There is a better way to use ics. which this embraces, what a soundness those dollars out there. There are bet- b 1710 to the rationale for progressive policy. ter ways to reach people. There is a When you think of the dignity factor need for preventive and wellness pro- It becomes what is known as uncom- for those senior years so that people grams, for screenings and for those an- pensated care. In other words, it is not aren’t chopping a pill in half so as to nual checkups, making certain that paid for directly by the individual, but meet their family budget and take care indirectly by every single American pharmaceutical needs are something of half of their medical needs, this is an that buys a health insurance policy that are within the grasp of our senior exercise of foolishness to repeal at a and every company that buys a health community and our middle-income time when we’ve just started the en- insurance policy and the American tax- community and our middle-aged com- gine of recovery and transformation payers. munity. The Affordable Health Care Act does and transition and reform. To cite scenarios like that of your We also know that—and I hear it not increase the cost of health care in staffer and his child, to provide that America. In fact, it has the significant from my constituents all the time—re- hope in the middle of despair where potential of decreasing the cost. In the peal. What’s the replacement? There is people have abandoned the hope for a last 2 years, we’ve seen the health care no hint of a replacement because you better tomorrow for their children be- costs in America decline to the lowest took it halfway and said, We’re just cause of lack of affordability, to cover inflation rate ever in the last 50 years going to repeal this. That’s the polit- those health care situations, that’s except 1 year. ical posturing that is so painful, be- what this is about. Let’s get the facts correct, my col- cause you have now delivered to soci- This is the old American spirit com- leagues. If we’re going to talk about ety a new opportunity to better stew- ing forward. It’s about speaking as a tax increases, get the facts correct. ard our resources, to better provide for community, not as individuals discon- Talk about the tax reductions at the the dignity in the equation so that peo- nected from one another. It’s about same time. Talk about the fact that ple can have that comfort zone, know- thinking as a society, of a greatness of the Affordable Health Care Act, in ef- ing that if they get impacted by some America at her best: compassionate, fect, has actually been part of an over- sort of catastrophic illness—and we’ve resolved to make a difference, deter- all reduction in the inflation rate of seen it in our communities, in our mined to use our resources in a way health care. neighborhoods, in our families where that is most effective, most efficient, And in the Affordable Health Care peoples’ lives are turned around in an most smart. It is America at a great, Act, there are very significant, long- instant. To those who you suggested shining moment. And to denounce all lasting, and powerful reforms that will might not buy the insurance, who then of that progress and to move for repeal bend the cost curve of health care, such bears the burden if there is a cata- speaks volumes about greed and about as electronic medical records. The re- strophic outcome? injustice and the desire to turn peal would wipe that out. It would be They’re saying, Oh, you’re asking progress around. gone. them to pay a tax if they don’t want Representative GARAMENDI, we close Primary care clinics across this Na- insurance. in the next minute or two. Any closing tion are funded through the Affordable If they don’t have insurance and they thoughts from you? I thank you for Health Care Act. Where do you think get a catastrophic illness, they fall joining us this evening. people get care today? In those clinics. into some sort of huge accident, who’s Mr. GARAMENDI. I thank you, and I If they don’t get care there, they’re going to pay? You’re right, Representa- suspect we’re going to hear once again going to the emergency room at 5 or 10 tive GARAMENDI, there are those that this is a government takeover. That’s times the cost. get in charity situations where pre- not true. It’s not true at all. This is There are vaccinations for our chil- miums cover it, taxpayers cover it. built upon the private delivery system dren, which, incidentally, in the appro- This has been thought out in a very that we presently have. Talk about the priations bill, our Republican friends meaningful way. We talk about a glob- government designing or taking over tried to eliminate many of these vac- al competitiveness. We talk about our the policy is just not true. I know this. cinations. Fortunately, it didn’t hap- industries going to the marketplace, I was the insurance commissioner. I pen. international marketplace, wind con- know that it is actually the insurance There is preventive care for seniors tracts, produce in America, and grow companies heretofore before this bill so that their blood pressure and diabe- jobs. Part of the price that they have that actually did that. tes is controlled. Today, our Repub- to calculate is the cost of health care. Mr. TONKO, thank you so very much lican colleagues voted to wipe out pre- If we’re providing a benefit to our busi- for your leadership on this and your ventive care not only for seniors, but ness community, if we’re having a passion for it. We are out of time. beginning this August, a month from smarter approach taken to the health This issue is not going to go away. now, every woman in America will be care dollars being utilized in best fash- This issue will be around. I would hope, able to get preventive screening. Mam- ion, there’s a corresponding benefit as it is discussed in the months ahead, mograms, pap smears, blood pressure that befalls the economic recovery op- that we actually get down past the testing. That’s what’s being lost here, portunities because our businesses will rhetoric and talk about the real facts all in the name of some political oppor- be able to have the benefit of the of what is in the Affordable Health tunistic effort to try to run out once soundness of that universal health care Care Act. It’s an extraordinary im- again what you thought was successful system to more effectively compete in provement for America’s health care. in the last election period. the international marketplace, to se- Thank you very much, Mr. TONKO.

VerDate Mar 15 2010 02:45 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.077 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4817 Mr. TONKO. Thank you. Court decision saying exactly what ments, and I hope he continues to stay Mr. Speaker, I yield back the balance ObamaCare is, an expansion of govern- with us here this evening and we have of my time. ment, tax increases to pay for it, and this conversation as we move forward. f cuts to Medicare of $500 billion. Let’s The gentleman from Mississippi be honest with the American people. b 1720 touched on something, Mr. Speaker, The American people deserve their that is extremely important when it GOP FRESHMEN SPECIAL ORDER elected officials to come to this floor, comes to this issue. With the adoption The SPEAKER pro tempore. Under to this Chamber, and deal with the and the repeal of ObamaCare, what the Speaker’s announced policy of Jan- issues in an open and honest way. we’re trying to send to the American uary 5, 2011, the gentleman from New I was proud to cast the vote today to people is a message that the folks on York (Mr. REED) is recognized for 60 stand for repeal of ObamaCare because this side of the aisle, in particular, minutes as the designee of the major- we can do better. We can do better want to make sure that we tackle ity leader. than continuing the traditional Wash- health care reform and, one, we take Mr. REED. Mr. Speaker, I rise this ington, D.C., tactics of, well, let the care of the critical issue, and that is evening and come to the floor to talk government take it over, let me raise how are we going to change the cost es- about an important issue of the day. A your taxes to pay for it. You know calators that are occurring in health few hours ago in this Chamber on this what, we can do better than trying to care every year. How are we going to floor, this House voted to repeal say, well, it’s a penalty and therefore do that? we will argue until we’re blue in the ObamaCare. Now, the fundamental principle over face that it’s not a tax, but then the The Affordable Care Act to me is a here on our side of the aisle that I Supreme Court comes and says it is a classic example of what is wrong with firmly believe in is that we are going tax. Let’s just be honest with the Washington, D.C. It is a philosophy to do that, once we repeal this law, by issues that are before us tonight. that this city has the arrogance and taking reforms from the perspective of the vision to think that if we take over I am joined by a great freshman col- league from the State of Mississippi. the individual, from the patient, and an area such as health care from Wash- from the doctor’s point of view, not ington, D.C., somehow magically the For his introductory remarks, I would yield as much time as he may consume from the ObamaCare model of handing bureaucrats and the folks here in it to administrators and bureaucrats Washington are going to wave a magic in regards to this pivotal issue. Mr. PALAZZO. Thank you, Congress- and somehow thinking that the govern- wand and cure the problems in the man REED. I appreciate you organizing ment has the solution to this problem. health care industry. this Special Order tonight. It’s a very What we’re going to deploy, in my What ObamaCare is, it’s simple: it’s important issue, not just to my con- opinion, are good old-fashioned market an expansion of government, it’s 130 stituents back in the State of Mis- forces, forces of individual choice, hav- agencies, newly created agencies, to sissippi, the Fourth Congressional Dis- ing individuals and patients and doc- enter into the health care arena, 22 trict, but to all Americans. So thank tors control their health care destiny taxes to pay for that expansion of gov- you for doing that. rather than having some unelected bu- ernment to take on health care. You Over the past 2 years, our Nation has reaucrat under the Independent Pay- got half a trillion dollars of cuts to engaged in the debate of the future of ment Advisory Board making deter- Medicare. our country and the future of health minations as to what type of health Mr. Speaker, I have heard for the last care reform. When the Supreme Court care you’re going to receive. We can do 18 months, as a freshman Member of ruled to uphold the health care law as better than that in America. this Chamber, how the folks on this a tax, they never meant to send a mes- The gentleman from Mississippi side of the aisle came here to Wash- sage that this is a good policy. Their makes a great point when he talks ington to kill Medicare. We literally ruling did not change the fact that it is about the expansion and the tax burden had campaign ads where we were sup- bad for our job creators, which are our that this law puts on all Americans. In posedly rolling Grandma and Grandpa small businesses. It’s bad for families, particular, many folks, I heard the de- up the Niagara Gorge to somehow rep- and it’s bad for seniors. bate over the last couple of days, said resent that that’s the mission of our They weren’t putting their stamp of we have used up floor time when we side of the aisle. That’s ridiculous. approval on the enormous burden of Here we have a bill that cuts Medi- should be focusing on jobs. regulations and tax hikes that this bill Well, you know what, this is related care $500 billion, and my colleagues on brings. They weren’t making a state- the other side of the aisle have the au- to jobs. Because of the expansion of ment in favor of a law that takes government, the mandates that come dacity to say that we’re the ones who health choices out of the hands of indi- are trying to kill Medicare. Well, $500 from this and the higher taxes that are viduals and doctors and that places placed on all Americans as a result of billion worth of cuts to Medicare goes more control in the hands of govern- this will saddle our private sector, will a long way to jeopardizing that pro- ment bureaucrats. saddle our individuals, they will saddle gram. What they did when they ruled on I just come here tonight, Mr. Speak- this law was reaffirm that this is, in- our job creators with a burden that er, and I am joined by some of my fel- deed, a multibillion dollar tax. The they just can’t overcome. What we low freshmen who will be coming in Court reaffirmed that it is, indeed, un- should be doing is relieving those bur- and out over the next hour, to really constitutional to force a massive Med- dens so that they can hire the people of try to articulate to the people of Amer- icaid expansion upon States like Mis- today and tomorrow. ica that with what the Supreme Court sissippi, which cannot afford it. This expansion of government just did—and I’ve read the decision at least Finally, the Supreme Court re- doesn’t stop today. If it is allowed to five times, and I disagree with it—but affirmed for myself and my colleagues go forward—and I hope my colleagues I do agree with the one sentiment the and for millions upon millions of in the Senate take this bill up so the Chief Justice represented in the major- Americans that there is a need to fully American people know exactly where ity opinion. repeal this law. So today, with this they stand—but if this bill is allowed He said, we’re going to call, essen- vote, we are listening to the majority to go forward, we are saddling Ameri- tially, ObamaCare what it is, an expan- of the American people who do not cans with a burden, both tax and gov- sion of government, and it’s a tax; it’s want this law, and we renew our com- ernment regulations and mandates, to a tax increase. If that’s what the peo- mitment to them to bring real step-by- a point where we are just asking them ple of America want their elected offi- step commonsense solutions that to do something where they have just cials in Washington to do, then so be Americans want and provide them with got a load that is too heavy to bear, it. That is not for the Court, and that the access to the care they need from and that’s just simply to hire people. is not for the Chief Justice to decide. the doctor they choose and at a price But you can’t hire people if you have It’s up to the people. that they can afford. more taxes and you have got more bur- The vote that we took this afternoon Mr. REED. Well, I appreciate the dens and obligations of government is done on the backdrop of the Supreme gentleman from Mississippi’s com- regulations to comply with.

VerDate Mar 15 2010 02:45 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.078 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4818 CONGRESSIONAL RECORD — HOUSE July 11, 2012 I see my friend from Mississippi may talking about the issues of the day. Mr. this tax hike that is going to be hitting have a couple more comments on the Speaker, he had a point that resonates will affect 940,000 small businesses. Half topic. when it comes to this issue. of all small business income would face Mr. PALAZZO. Well, Congressman, He said, You know what, TOM? I’m higher taxes. there are so many bad things about not going to hire any more people. I’ve According to Bloomberg News and an this bill. We could spend a lot more got business. I’ve got some opportuni- analysis by the JCT, it also shows that than an hour talking about it. ties that I can potentially expand. But President Obama’s plan for these mas- The American people have had over 2 the CEO of Dyco electronics, 48 em- sive tax hikes mean higher taxes on 53 years to fully digest the bill that was ployees, said, If I go over 50 employees, percent of business income reported on crammed down their American throats I’ve got to then comply with individual returns. More than a quarter by the 112th Congress. What the Repub- ObamaCare. These mandates, these of American workers’ jobs are at risk. lican House is doing is we are not going regulations. You’ve got 2,700 pages of According to U.S. Census data through to make the same mistakes that they statutory text, you’ve got tens of thou- the NFIB, small businesses employ did. sands of pages of regulations that ulti- more than 25 percent of the total work- We had a President, we had a Speak- mately will be created. And he just force. So raising taxes on these small er of the House, and we had a Senate says, I can’t take that chance. businesses threatens these jobs—and that ignored the pleas and cries of the So this is all related to jobs also, as that’s the last thing we need to do in American people. Nonetheless, they we continue this debate. It’s not just this weak economy. passed a 2,700-page bill. There is noth- about health care but it’s about job My colleague, Mr. REED, just talked ing good in a 2,700-page bill. They did it creation. And I agree that it is a pri- about this artificial employer mandate under the cover of darkness. mary issue of the day. But that is a where if you go over 50 employees, then The former Speaker of the House classic example and that resonated you get hit with these fines because said, ‘‘You have to pass it before you’ll with me when I came back down here you have to provide certain levels of know what’s in it.’’ We’re not going to to stand for repeal, because so many health insurance and health coverage. make those same mistakes. We’re not small businesses, I think, are in the Well, why would we put that type of ar- going to repeat their failures. What exact same situation as Dyco Elec- tificial burden? What does that mean we’re going to do is we’re going to lis- tronics back in Hornell, New York, for a small business owner that is at 48 ten to the American people. We’re where they are shocked in a deer-in- and 49? He’s not going to seek to go going to take their solutions so that the-headlight type moment where any higher. Or, if he does go any high- we can address the care that they need they’re saying, No, we’re not hiring be- er, he’s going to drop people off of his from the doctor that they choose and cause we don’t want to go over that 50- insurance coverage. Or, maybe even worse, he’ll just get rid of that em- at a price that they can afford. employee threshold. With that, I’m pleased to yield to a ployee, which means another person b 1730 great member of the freshman class, that’s added in. A U.S. Chamber of Commerce survey There’s some good things that are the gentleman from Florida. going to be coming forth. So I don’t un- Mr. WEST. Thank you very much to showed that 74 percent of small busi- nesses contend that this law will make derstand. Our colleagues on the other my colleague, Mr. REED, for allowing side are saying, Hey, this bill isn’t per- me to be here and spend some time to job creation at their companies even fect, but let’s keep it and tweak it. talk about one of the reasons why I did more difficult. The Supreme Court’s There’s no small fix to this bill. It is not want to continue on supporting health care ruling leaves in place 21 tax increases enacted as part of this law. A garbage. We have to throw it out and what has to be the ‘‘Patient Protection dozen of these are going to affect those start over. But we’re going to listen to Unaffordable Tax Act.’’ the American people. And I think When you think about down in south people: less than $200,000 for singles and that’s where they went wrong. We are Florida, where I am from, a lot of peo- $250,000 for married couples—a clear even going to offer, I believe, our col- ple play golf. I’ve never swung a golf violation of what the President talked leagues, as we’ve done in almost every club in my life. But I do appreciate this about with his pledge to avoid taxes on lower- and middle-income taxpayers. bill, allow them to bring amendments term that they use called a mulligan. This is the reason why I said we’ve got to the floor, where in 2009 they did not And a mulligan means you get to do it allow one Republican amendment to to have a mulligan. over. And I think that’s what the An additional 0.9 percent payroll tax the bill. American people want from us here in on wages and self-employment income So the old saying: If you’re ignorant this distinguished body, Republicans and a new 3.8 percent tax on dividends, of the past, you’re doomed to repeat it. and Democrats, a do-over. So that’s something very important for seniors Well, we’ve learned from our history, what we tried to do today. And hope- down in south Florida. Capital gains. and we’re going to make right for the fully, Senator REID will take our heed Why are we going after capital gains in American people on health care. and he will go forth and allow the a health care law? I don’t know. I Thank you, Congressman. American people to see that mulligan think it’s a tax law. Why are we going Mr. REED. I appreciate the gen- take place. to go after capital gains when we need tleman from Mississippi, a great Mem- But I sit on the Small Business Com- to have investments so we can grow ber of the freshman class, joining us to- mittee. When you think about the ef- our economy—and other investment in- night. I know we have some other col- fects that this tax law—because that’s come for taxpayers. leagues to continue this conversation. really all that it is now that the solic- ‘‘Cadillac tax’’ on high-cost plans; One point before I yield to the gen- itor general from the administration annual tax on health insurance pro- tleman from Florida. We’re talking argued that it was a tax and Chief Jus- viders; annual tax on drug manufactur- about job creation. Back in the dis- tice Roberts did agree with him. So it’s ers and importers; a 2.3 percent excise trict, back in upstate New York, in a tax. And so down South, if it quacks tax on medical device manufacturers Corning, my hometown, we get out and like a duck, if it walks like a duck, and importers. And if I’m right, Mr. we have town halls and we meet with doggone it, it’s a duck. REED, that’s one of those pieces of leg- constituents, we meet with business Roughly 940,000 small businesses will islation, that 31 or 32 sitting on HARRY owners. And I’ll tell you, one meeting be hit by an incredibly big tax hike. REID’s desk, so we can get rid of that really resonated with me. I went up to According to the National Federation medical device tax. Again, I just tell Hornell, New York, a great community of Independent Business, the advocacy this guy we need to have a mulligan. up in our district, Mr. Speaker, and group for small businesses, 75 percent Raise a 7.5 percent AGI on medical met with a company called Dyco Elec- of small businesses are organized as expense deductions to 10; deny eligi- tronics. He employs about 48 employ- pass-through entities, small businesses, bility of ‘‘black liquor’’ for cellulosic ees. And he had me in his office, and subchapter S, LLCs, meaning that they biofuel producer credit. What does that we’re walking down the floor watching pay their taxes on their business in- have to do with health care? his shop where he’s assembling dif- come at an individual rate. The Joint Codify economic substance doctrine; ferent electronic components and we’re Committee on Taxation estimates that increase penalty for non-qualified

VerDate Mar 15 2010 02:45 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.080 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4819 health savings account distributions; has a right to own a home, and the have been introduced here in the impose limitations on the use of health Federal Government created this thing House. In fact, by last count, there are savings accounts, flexible spending ac- called the Community Reinvestment over 200. I think it’s something like 219 counts, and Archer MSAs to purchase Act. And look how well that worked bills introduced in the House that re- over-the-counter medicines; impose fee out 30 years later in 2008 when we had late to health care reform. So we are on insured and self-insured health that financial meltdown tied to the not short of ideas in terms of imple- plans and patient-centered outcomes mortgage industry. menting real health care reform. research trust fund; eliminate the de- So what is going to happen with this But before we get to that, we first duction for expenses allocable to Medi- incredibly onerous invasion into the must repeal this monstrosity, this al- care part D subsidy; impose a 10 per- health care industry? I don’t want to most 3,000-page monstrosity of taxes, cent tax on tanning services. be around 30 years from now to see. new boards, and new agencies that I have got to tell you, down in south And that’s why my message to HARRY makes it more difficult for businesses Florida, if it’s kind of clouded over, a REID is very simple: The American peo- to hire new people. So that’s why we’re lot of people go into the indoor tanning ple want a mulligan. Let’s do it over here focusing on repeal today. booths. Now they’ve got to pay a tax and do it right. We have, Mr. Speaker, lots of ideas. for that. Mr. REED. Well, I so appreciate Mr. For example, many of us here support medical liability reform. Gallup polls What are we doing with the Tax WEST’s comments. The gentleman from and other experts have testified that Code, Mr. REED? Are we now using the Florida speaks very clearly and di- Tax Code as a means by which we’re rectly on the issues with this bill. And much of the cost of what we pay in going to promote social policy? Are we as the gentleman articulated, 139 dif- health care is attributable to the prac- tice of defensive medicine. By some using the Tax Code now as a means by ferent agencies are now created under counts, one-quarter of all health care which we’re going to create behavior ObamaCare. costs are attributable to the practice of modification here in the United States I’ve come to the well of the House, Mr. Speaker, to display to America defensive medicine. of America? That’s all this bill does. We have a great medical liability re- what our health care system now looks Sixteen thousand new IRS agents. form bill. In fact, if I remember cor- like under ObamaCare. This diagram Why do we need 16,000 new IRS agents rectly, a couple years ago in the State goes through the 2,700 pages of statu- if this is supposed to be a health care of the Union, the President said he was tory language and identifies those 130- law? It’s because someone’s got to col- in favor of medical liability reform. I plus agencies. This is what American lect all that money that this ‘‘Patient haven’t heard much from him on that. health care looks like after Protection Unaffordable Tax Act’’ is I wish he would talk more about it. It bringing upon the American people. ObamaCare. certainly wasn’t part of his health care We can do better. As the gentleman What do you really get with this? law. But that’s a great idea that will from Florida mentions, we need a mul- You get 159 new government agencies reduce the practice of defensive medi- ligan. And what we need to do is listen and bureaucracies. You get all of these cine and reduce the cost of health care different bureaucrats up here in Wash- to the American people. That is one of and, in turn, make health insurance ington, D.C., that are going to interject the fundamental problems down here in more affordable, which, in turn, ad- themselves between the doctor-patient Washington, D.C. People down here dresses the access question. relationship. think: I’m in Washington. I got elected We also have great legislation intro- Well, no one talked about this a lot, and I got a title. I’m Paul Congress- duced by my friend, MARSHA BLACK- how in this health care law the Federal man. Of course I know what’s best for BURN of Tennessee. She has got a great Government took over college edu- everybody in America. bill. What it does is it allows for com- cation loans. It was the people from Do you know what? I trust the Amer- petition between insurance companies across the aisle who made the decision ican individual. I believe in the Amer- across State lines. So if you live in Ar- that we will take it from 3.4 to 6.8 per- ican individual. We need to listen to kansas and you see a health care plan cent. Once again, it became incumbent him. That’s why we go back to the dis- that you want to buy over in Ten- upon us to come in and try to clean up trict and we talk to so many constitu- nessee, our neighboring State, well, the mess that was made. ents. We have town halls because of the you can buy that plan. And then if you It is truly as the former Speaker commonsense ideas that people have move to Arizona—I don’t know why said: we have to pass this bill in order around their kitchen tables and the you would leave Arkansas, but if you to find out what is in it. And now that conversations they are having around did, you could take that with you we’re finding out what is in it, we just their sofas in their living room. across State lines. cannot stomach this. The ObamaCare We should be listening to the Amer- Competition, choice, and patient-cen- tax is already holding back job growth ican individual and the American peo- tered options, that’s the kind of health in medical innovation, with venture ple because the common sense of Amer- care reform we need. And that’s the capital investment and medical device ica is what makes us strong, not some kind of health care reform that I favor, firms down 50 percent in 2011 compared bureaucratic thought process of some that many folks here in the House to any of the previous 5 years. The av- person reading a book who sits in a cu- favor, and that is reflected in the over erage American family already paid a bicle down here in Washington, D.C., 200 bills that have been introduced premium increase of approximately and comes up with a monster of a here. And we want to get to that. But $1,200 in the year following passage of health care program that’s got 130-plus before we can get to that, before we this law. The Congressional Budget Of- agencies. can focus on the replace, we have to re- fice predicts that health insurance pre- And this is how the personal rela- peal. And that’s why we’re here again miums for individuals buying private tionship of a patient and a doctor is asking the Senate to do its part. health coverage on their own will in- handled under ObamaCare. We can do I’ll tell you, I’ve had some folks on crease by $2,100 in 2016 compared to better. We need a mulligan. Twitter and Facebook and other places what the premiums would have been in I so appreciate my other friends in say, You’re just wasting your time. 2016 if this law had not been passed. the freshman class coming this evening Why are you just wasting your time? I to meet with us. think I was asked that on television b 1740 With that, I would like to yield to a earlier today. And my response was, Mr. Speaker, there is no doubt about good Member, a great friend from Ar- when I made a pledge in my campaign the fact that we need to do something kansas (Mr. GRIFFIN). to repeal ObamaCare, the President’s to reform the health care process here Mr. GRIFFIN of Arkansas. Thank health care law, whatever you want to in the United States of America and you. I appreciate it very much. call it, my pledge was not I’m going to make it more affordable. But to all of Mr. Speaker, we have heard a lot fight to repeal it if the Senate agrees a sudden bring the Federal Government about repeal and replace, and I have a to pass it. That wasn’t my pledge. My in—you know, it was about 30-some- lot of constituents asking about the re- pledge was I’m going to fight to repeal odd years ago when there was a former place part of that. And what I tell it. I’m going to control what I can con- Democrat President that said everyone them is we have a lot of ideas that trol. I can’t control the Senate.

VerDate Mar 15 2010 02:45 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.082 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4820 CONGRESSIONAL RECORD — HOUSE July 11, 2012 In fact, I told somebody on Twitter increase—we went on the record so Dr. Washington first because Dr. Wash- about 15 minutes ago, before I came that the American people, come No- ington has a board of bureaucrats that down here to the floor, I said, well, if vember, know where we stand. will decide for you what kind of treat- we in the House only took action on Now, I’m not as hopeful as my col- ment you may or may not receive. issues that we know the Senate will league was talking about the Senate Dr. Washington is going to ensure vote on, we would all be sleeping. Mr. may take this up, or asking HARRY that you have a $1,200 increase in Speaker, you’d be sleeping in the chair REID to take this up. What I think is health care premiums if you’re the av- and we’d be sleeping, because the Sen- going to happen is the Senate is going erage American family. That’s just ate doesn’t take action on much of to run from this. They’re not going to what happened after the first year of anything. Sometimes I feel like I’ve go on record in regards to how they enactment of the President’s health got to walk down there and wake them feel on the repeal of ObamaCare, if care takeover. up. they’re either going to reinforce it or Dr. Washington will see that, in 2016, So my job in fulfilling my promises, reaffirm it. They’re not going to take you’ll have a 13 percent increase in my pledges, and my commitment to it up. Why? Because November 6, 2012, your premium for individuals and fami- my constituents is not dependent upon is coming down the pipeline, and they lies who can buy coverage on their own whether the Senate is going to do the don’t want to go on record after the compared to if the law hadn’t been en- right thing or not. I hope they do. I’m Supreme Court has spoken and called acted at all, a 13 percent increase if the praying for them, and I wish them well. it what it is—expansion of government law hadn’t been enacted at all. But we’re going to do our job here re- and a tax increase. Going back to Colorado and talking gardless of what they do down there. That’s not how elected officials lead. to business owners, they talk about I’ll say one more thing. Anybody who Elected officials lead by putting their what their costs will be. Families talk has been paying attention over the last name up on the board and standing in about the insurance that they’d like to 2 years knew before I ever got elected front of their constituents and in front have now, the insurance they wanted what my intention was. And I think a of the American people and being hon- to keep but are concerned they’re not lot of us talked about this before we est and open with them because hard- going to be able to under the Presi- ever got here, and what we are doing is working taxpayers deserve no less. And dent’s takeover of health care. This tax following through on our promise. as a freshman Member of this Chamber increase will cost Americans dearly. It I yield back, and I appreciate the and as a freshman Member of this will cost them the doctors that they time. body, I firmly believe we can tackle wanted and it will cost them the insur- Mr. REED. I appreciate the gentle- more of our problems if we adopt that ance that they’d like to keep. man’s comments. attitude, just being open and honest We know that this bill is going to I think you’re touching on something with the American people. cost even more than it was anticipated when we talk about the Senate and With that, I’m so pleased to be joined to cost. As recently as June 27, 2012, what we can control here in the House. by the gentleman from Colorado (Mr. they said that this health care bill And I think today’s exercise of voting GARDNER). would cost $1.8 trillion over the next 10 to repeal ObamaCare again was time Mr. GARDNER. I thank the gen- years. Today, we see numbers with new well spent, because it’s time to be open tleman from New York for his time estimates over $2 trillion, nearly $2.6 and honest with the American people. today and his leadership on this impor- trillion over the next 10 years to pay Look at this bill, the 2,700 pages that tant issue. I know you have a young for this. How is it going to be paid for? created this health care system with family, as do I, and you’re here today A tax on the American people. 139 agencies that you see on this board. to make sure that we talk about those In a letter to the Governor of Texas, Look at the timing of when these re- matters that are important to our fam- Kathleen Sebelius, Secretary Sebelius, quirements and these mandates kick ilies, those things that will lead to a wrote, saying: in. Look at the whole argument of the better future for them. We encourage you to participate in this last 2 years in the debate on the Af- But it’s been a disappointing day new, expanded health care opportunity be- fordable Care Act, ObamaCare. Look at today when we saw colleagues on the cause of the generous Federal benefits that the argument over whether it’s a pen- other side of the aisle who had an op- are being offered. alty or a tax. portunity to reject one of the largest How is this country going to pay for I can remember Kathleen Sebelius in tax increases in American history, those generous Federal benefits? Def- front of me on the Ways and Means when they could have voted to repeal icit spending? borrowing? tax in- Committee still fighting me as the ar- and begin the replacement process on creases? The answer is: All of the guments were going on in front of the the health care bill, the President’s above. In fact, that may be the only Supreme Court whether or not this was takeover of health care, but, instead, thing this administration agrees with a tax or a penalty. Essentially, she most of them, the vast majority of when it comes to all of the above— fought that tooth and nail and said, no, them, decided to move forward with taxes, spending, and debt. it’s not a tax; it’s a penalty. the tax, a tax that they pledged they Ladies and gentlemen, the people would never commit and carry out on that I represent in Colorado, the people b 1750 the middle class of this country. that we represent in this country are You saw the President repeatedly tell Growing up in a little town of the asking for real health care solutions. different reporters and go on the record eastern plains of Colorado, I will never They’re asking for solutions that will and say it’s not a tax; it’s a penalty. forget my hometown doctor. At times, improve the quality of care while de- There’s a lot of politics going on under he was the only doctor in a town of creasing the cost of care. The Presi- this bill. And they all want to do it in about 3,000 people. His name was Jack dent’s takeover does none of those. a way that makes sure that they’re not Pierce. Dr. Pierce was somebody that’s We have an obligation to this coun- held accountable, in my opinion, be- still looked up to in my hometown. try, to the people we represent, to cause November 6, 2012, is a critical He’s moved away, lives in Texas now, make sure they understand that when date. When you look at most of the but he’s somebody who parts of the new the chief actuary of Medicare says that dates under this bill, when most of the hospital is named after, somebody who the two primary promises that were mandates and most of the tax increases delivered me and was there when my made in this health care bill will never are kicked in, they happen after No- mom, in my hometown, was delivered materialize, that it will decrease costs vember 6, 2012. as well. and that if you like the insurance you What’s so magical about November 6, Dr. Pierce was my doctor’s name. have, you get to keep it—the chief ac- 2012? Well, obviously we have a Presi- With the health care bill, the rest of tuary, independent actuary, has said dential election. We have a Senate America gets Dr. Washington. Dr. those two primary promises will not be election. We have a House election. So Washington is now going to make realized. And yet today, the vast ma- today, what we did, after the Supreme health care decisions for the American jority of people in the President’s own Court spoke and called the bill what it people. If you’re sick and you need party said move forward with the tax is—an expansion of government, a tax help, you better have the approval of and say good-bye to the health care

VerDate Mar 15 2010 02:45 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.084 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4821 that you and your family is hoping to you for managing this Special Order make those decisions about what’s best secure. tonight because we cannot talk about for them. So with that, I would again thank this issue enough. We have got to con- But, instead, what do we have? the gentleman from New York for the tinue to make sure that the American We have a law that’s devastating our opportunity to be here to talk about people are aware of this devastating economy, and it is wrong medicine for ways that we can move this country bill called ObamaCare, or the Patient our health care system. forward and our obligation to the Affordability Act. Three-quarters of our small busi- American people. Now, having been a nurse for over 40 nesses—and I know that as I visit these Mr. REED. I so appreciate the gen- years and working in the health care small businesses across my district, tleman from Colorado joining us to- system, we have the best health care in they’re the bedrock of the U.S. econ- night. the world. I have done medical mission omy—say the law is preventing them When you talk about Dr. Wash- trips in other parts of the world, and I from hiring people. And all of this, and ington, it is a great analogy. What can tell you they don’t come anywhere health care costs continue to soar, so it we’re really talking about—are we near providing the kind of quality serv- hasn’t done anything to bring the cost not?—is the Independent Payment Ad- ice that we have here in this country. down. What we’re seeing is the cost es- visory Board as kind of the primary ex- As a matter of fact, we will see people calating. And to make matters worse, ample of the agency of Dr. Washington. from other countries come to the ObamaCare will result in millions of What is the Independent Payment United States to get that care because Americans being dropped from their Advisory Board? It’s 15 unelected bu- they know across this world that we employers’ health insurance plans and reaucrats that, under the law, will be provide the best health care in the pushed on the government-run health making recommendations to Congress world. insurance. And all of this, all of this re- as to where to cut in Medicare, the But I’m not going to disagree that sults in more deficit spending and more types of services that are going to be the system is broken and does need provided under American health care tax hikes for the middle class folks. some repair. The President has said as recently as going forward under ObamaCare. 1800 this week that he does not want to Now, the argument I’ve heard from b raise taxes on the middle class. He also my colleagues on the other side of the We do need to have more accessi- says he wants Congress to focus on job aisle is, well, those are just rec- bility. We do need to lower the cost, creation and the economy. ommendations. But they go to Con- and we need to make sure that, while doing that, we maintain and increase But, Mr. President, the House has gress, and if we disagree, we can take a voted yet again to do just that. By re- vote in the House and take a vote in quality. However, what has happened in the pealing ObamaCare, we can prevent the Senate and the President signs it this crippling tax on the middle class, bill that was passed some 3 years ago into law, and we overrule those rec- and this will also lift the cloud of un- now by our colleagues on the other side ommendations. certainty and other job-killing taxes of the aisle, there wasn’t transparency, Look at the law. Read the law. I that are wreaking havoc on our econ- there wasn’t input by those who were trust the American individuals. Read omy and our health care system. providing care and that are a part of the law. What do those recommenda- It’s been 41 straight months of unem- the system, and we didn’t see patient- tions do? ployment above 8 percent, and it centered care. Those recommendations come to doesn’t look like things are going to There are other solutions. This is not Congress and require a two-thirds vote change very soon. If the President is the only solution. And as my colleague of the House and the Senate to approve committed to helping the middle class from New York shows this chart, this or disapprove those recommendations like he says, then he will join us in very complicated chart, when NANCY if we want to do something differently doing away with this law that is in- PELOSI said that we have to pass this than what the agency recommends to creasing the tax burden and the cost of bill to know what’s in it, she was cor- us. Why stack the deck? Why have a health care for all Americans. Ameri- rect, because as we look at these 139 two-thirds voting requirement on such cans deserve better. a critical issue as to what health care different agencies that still are going Thank you again, my colleague from is going to be delivered in America? So to have to be created and rules and reg- New York, for managing this time to let’s just be open and honest with the ulations that need to be promulgated, allow us to be able to talk to the Amer- American people and call it what it is. we have no clue of what’s going to be ican people and help them understand You’ve got 15 unelected bureau- happening with this health care system there are real solutions out there. crats—under the law, not obligated to now for the next 5 to 8 years. Mr. REED. I so appreciate my col- conduct their conversations or their We do have some solutions, good so- league from Tennessee offering her debates in public—make recommenda- lutions that are patient-centered, that comments. And I know we’re coming to tions to Congress so that they can say are market-driven solutions, such as the end of our hour with a few minutes that we’re having Congress ultimately HSAs, which really have not been given left, but we have plenty of time for two have the ultimate decision, but then a chance. But HSAs are a very, very more colleagues that have joined us make Congress have a two-thirds vot- good way, especially for the young. this evening. ing requirement to override those 15 Many of the young people that are cur- I yield to a great gentleman from members of that unelected Independent rently not insured are not insured be- Texas, a member of the freshman class, Payment Advisory Board when it cause they can’t see a reason for pay- Mr. FLORES. comes to health care decisions. What ing for the very expensive insurance Mr. FLORES. Mr. REED, I want to kind of health care system is that? that’s out there and available for them. thank you for managing this Special We can do better. We don’t need to Things such as removing the barriers Order today, and thank you for allow- rely on Dr. Washington. We need a from purchasing your health care ing me some time to participate. mulligan, as my colleague from Florida across State lines, these are some good, I’m very proud of our freshman class said. We can do better. We can do it by market-driven ideas that will bring the here in Washington. We have changed repealing this and listening to the cost of health care down and give pa- things in this town, at least on this American people and adopting reforms tients more opportunity for them to side of the Capitol, and we’re respond- that are patient-centered and doctor- make decisions about what’s best for ing to what the American people want. centered at the end of the day. them in their health care. The American people overwhelmingly With that, I am so pleased to be Also, tort reform. We know tort re- do not want ObamaCare. joined by a great colleague from Ten- form has worked in those States where So I have to thank Mr. PALAZZO and nessee (Mrs. BLACK), a colleague of the it has been successfully implemented. Mr. WEST and Mrs. BLACK. I assume Ways and Means Committee. I’m proud Tort reform needs to be done across the Mr. WOODALL’s going to speak in a few to yield to her. entire country. minutes, and Mr. GARDNER, and thank Mrs. BLACK. Thank you, my col- These are real solutions that allow them for getting up here and telling league from New York. I want to thank the patient to be in the driver seat to the truth.

VerDate Mar 15 2010 02:45 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.086 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4822 CONGRESSIONAL RECORD — HOUSE July 11, 2012 A few minutes ago I was sitting in omy, you tax all Americans. And we’ve student loan program, which is another the Chair as the Speaker pro tempore, already talked in great detail. Mr. accounting gimmick that was used to and the gentleman from California (Mr. WEST laid out all the taxes in pay for the Democratic takeover of GARAMENDI), a Democrat, and Mr. ObamaCare, did it pretty well. health care. TONKO, a Democrat from New York, in- But I just say, when you add it all up, So, Mr. REED and Mr. Speaker, I vited me to come down and debate with and you add all those taxes together, would say it’s time for us—and we did them, so I’m here to debate with them. they’re a tax on the economy, and today—to recognize that these fatal If you’d listen to what the Democrats that’s a tax on the middle class. That’s flaws mean that this program should say about ObamaCare, you’d think the a tax on every class in America. And be overturned. We did the right thing world was going to be perfect and but- that’s not what Americans want. today. We took bold action, and I think terflies were going to be singing I voted for the repeal of ObamaCare it’s high time that the Senate acted Kumbaya. You’d think that everything today, and I’m proud I did. And I’d urge and did the same thing. was going to be just fine. that HARRY REID, over in the Senate, One of the things that Mr. TONKO and When you go to the HHS Web site take it up. Mr. GARAMENDI talked about is if that talks about ObamaCare, all you And so I’ve put together sort of the Americans wanted to hear the facts. see are all the things that tell you top 10 fatal flaws that are part of They laid out their version of the facts. about how great your life is going to ObamaCare, and here they are. Americans can go my Web site. There be, but it doesn’t discuss the cost. And Number one, the worst of them is it’s is an ObamaCare section at flo- only in this town we call Washington, a violation of our constitutional lib- res.house.gov that’s right at the top of D.C., this town that’s based on fantasy, erties, your right to your religious the page. You can find out about the can you believe things like that, where preferences, where you can have a bu- taxes. You can find out about the law you can get everything for a cost of reaucrat, like the ones at the GSA, and about the times we’ve tried to re- nothing. cram down your throat what your em- peal this thing. You can read the law Well, Americans know that’s not the ployer has to provide for you or what it to see what’s in it. You can read the case. They know that you can’t do may not provide for you. Supreme Court decision. Then you can that, and Americans know that you Number two, it fails in its primary also see what the Republican alter- can’t take one-sixth of our economy goals of controlling costs and allowing natives are, some of the ideas of the al- and turn it over to bureaucrats like the Americans to keep their health insur- ternatives to fix this. people that run the GSA. Now, the peo- ance coverage. You heard our other Mr. REED, I thank you for your lead- ple at the GSA partied real well, but I freshman speakers lay that out well ership on this, and I look forward to don’t trust them with our Nation’s today. serving with you. health care, not my granddaughter’s, Number three, it hurts our hard- Mr. REED. I appreciate the gen- not my grandmother’s, none of their working taxpayers by adding over 20 tleman for joining us this evening. health care. new taxes, costing over $800 billion, I know we have another freshman Now, we, as I said, in this town we’re taxes on things like home sales and in- colleague from the great State of Geor- changing things as the freshman class. vestment income. Those hit the middle gia who has joined us this evening and Most of us that came in this class came class just like everybody else. who will bring us to a conclusion. from the real world. We know how to Number four, according to the non- Mr. WOODALL, I am proud to yield to sign the front side of a paycheck, we partisan Congressional Budget Office, you. know what the commitment is like to the CBO, as we call it around here, it Mr. WOODALL. I thank the gen- have to hire an employee, to have to will cost our Nation over 800,000 jobs. tleman for yielding. I appreciate the make sure that that employee’s family How’s that good for the middle class? Speaker for being down here with us, In addition, now that the State Med- gets a paycheck so that that family and I appreciate the comments of my icaid mandate was ruled unconstitu- will have food and housing and edu- friend from Texas. tional, the costs of ObamaCare are He says, you know, if you want to, cation; that they can be part of a ro- going to increase by $700 billion. And you can just go and read the law. bust local economy so that they can be that’s already on top, further dam- Wouldn’t that be neat? Wouldn’t that part of a healthy middle class in this aging our fragile fiscal situation at the be neat? If you wonder what some of country. But bureaucrats don’t do that. The Federal level. those reforms are that the freshman Number six, we’ve already talked private sector does that, builds that class brought to this body, you can now about this tonight, a half a trillion dol- healthy economy for Americans. go and read the law. There is time to So, again, I just can’t see how you lars cut from Medicare, hurting our make that happen, and that is what is could say that we could turn over seniors. so frustrating to me about this debate. I appreciate the way that you all health care to folks like the ones that b 1810 have highlighted each and every one of run the GSA. Number seven, ObamaCare puts 15 these things, because when I go to the What Mr. GARAMENDI and Mr. TONKO unelected, unaccountable bureaucrats folks back home, they say, Rob, the need to do, when they say that every- between doctors and patients. thing’s for free and costs nothing, and President told me he’s going to bring Mr. Speaker, I don’t want people who down health care costs. Wouldn’t that the world’s going to be better off, they run the GSA between me and my doc- need to come talk to a small software be good? tor or between my granddaughter and I say, Yes, that would be good. company in Waco, Texas, that saw her doctor or my daughter-in-law and They say, The President tells me he’s their premiums go up in 2011 by 27 per- her doctor. This is an assault on all going to ensure that I can keep the pol- cent and saw their health insurance Americans—women and men, young icy that my family knows and loves premiums go up this year by 23 per- and old. today. Wouldn’t that be good? cent. Or the small manufacturer in Number eight, even though it has I say, Yes, that would be good. Bryan-College Station, Texas, that’s been partially implemented, it has Then the people say, Well, Rob, he looked at their premiums increase by a caused health care premiums to inflate tells me he’s going to make sure that combination of about 40 percent over dramatically across the country. children who don’t have access to the last 2 years. And each of these com- Number nine, ObamaCare is causing health care today will have access to panies is thinking, Do I have to drop massive uncertainty for American health care tomorrow. Wouldn’t that coverage? Do I have to lay off employ- businesses, hurting American job be good? ees so I can absorb the extra cost? Do growth and our economy and the I say, Yes, that would be good. I move my operations overseas? American middle class, adding further They say, So why do you oppose the The folks on the other side of the pain to all of the economic policies bill? aisle need to understand that the that we are experiencing in the Obama I say, Because it doesn’t do any of taxes, the restrictions, the regulations economy. those things. Take a look. that come with ObamaCare are a tax Number 10, we heard about this ear- Now, the CBO tells us it’s 800,000 jobs on all America. When you tax the econ- lier, about the Federal takeover of the that this bill destroys. Let’s say it’s

VerDate Mar 15 2010 02:45 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.088 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4823 only 700,000. That’s 700,000 too many. of 10 to 15 percent in the State of New imum of $503. If you make $30,657 and Study after study tells us this is rais- York. It’s not delivering on the prom- you’re a family of four, four people liv- ing costs with all the mandates—man- ises. ing off $30,657 under ObamaCare, if you date after mandate after mandate— As my colleague from Texas says, still cannot afford the $12,000 or so pol- from the Federal level. Let’s say there read the law. Absolutely, read the law. icy that the government mandates are only a dozen mandates instead of We have. We have spoken in this body under this law, then you will have an the 30 or 40 that I believe there are. on behalf of the people and have said additional $766 with which you will not Isn’t that a dozen too many? we stand for repeal. My colleague from be able to buy food for your family. In my great State of Georgia, a fam- Georgia is absolutely correct, and the You’ll not be able to buy gas for your ily went out to buy insurance for their Chief Justice’s closing comments are car with that extra $766. I don’t mean child shortly after the President’s absolutely correct—it’s up to the peo- people who make $30,000 and have a health care bill passed. Do you know ple. That’s when they will speak, in family of four have an extra $766. The what the insurance commissioner told November 2012. people I talk to that make that kind of them? He said, You know, you could I know that we stand on their side money and have a family of four don’t have purchased a policy for your child with the vote that we took today to have any extra money, and especially before the President’s health care bill say that we can do better. We need to not to pay the extra $766 Obama tax on passed—but, after the President’s stop this government takeover and these individuals. these tax increases that are coming health care bill passed, every single in- If you make $41,190 or more and down the pike to pay for it. We need to surer of children left the State of Geor- you’re a family of six, you will have a stop it before it’s too late, and Novem- gia because they could not do business minimum $1,030 extra income tax that ber 2012 is the last stop to allow us to under the President’s model. you will have to pay in order to meet turn this back. the requirements of ObamaCare and to Read the law, my colleague from With that, I am so pleased to yield keep the Obama tax IRS agents off Texas says. Look at the chart, my col- back the balance of my time. league from New York says. When you your doorstep. There are thousands and get to the facts, if only it did what the f thousands of new IRS agents who will President promised America it would OBAMACARE AND OTHER find jobs, even though there’s hundreds do, but it doesn’t. But we can. ADMINISTRATION ACTIVITIES of thousands in net loss of jobs since The first vote we took as freshmen The SPEAKER pro tempore (Mr. this President has taken over. We’ve was to repeal the President’s health FINCHER). Under the Speaker’s an- lost four more jobs than we’ve picked care bill. About 189 of our colleagues nounced policy of January 5, 2011, the up. voted against it. They wanted to keep Chair recognizes the gentleman from At least one piece of good news is it. Today, only 185 of our colleagues Texas (Mr. GOHMERT) for 30 minutes. that the government has gotten bigger. voted against it and wanted to keep it. Mr. GOHMERT. Thank you, Mr. That’s good news for those who love The folks asked back home, Rob, Speaker. big government. I don’t happen to. what happens now that the Supreme We have had a number of people ask, There’s good news for those who love Court has said it’s okay? Why would we have a vote today to re- more IRS agents because we’re adding I said, They didn’t say it was okay. peal ObamaCare when it has been done thousands and thousands of those who They said they weren’t able to look at before? will make sure that if you make $41,190 the policy to see if the policy was any There had not been a vote taken and you’re a family of six, they’ll make good. They said it’s not their job to since the United States Supreme Court sure that not only do you have to pay protect the American people from their said that the administration misrepre- your regular income tax, you will have political decisions. They said, yes, the sented what was really in this bill. It an added tax, an Obama tax in power to tax is just this dangerous but was a tax. We know there have been ObamaCare of $1,030 minimum. Any- that it’s up to Congress to decide. misrepresentations about different thing you make above $41,190 and Congress decided today. things, but this bill creates a massive you’re a family of six or fewer, then I am grateful to my friend from New tax for the people who can least afford you will keep paying more tax the York for using this opportunity to it. more you make. And that is if you’re highlight that decision. The final say So run the numbers: not able to afford the $12,000 or so aver- on this bill was not the last Thursday If you make $14,856 or more and if age cost that is estimated that the in June with the Supreme Court. It is you’re a single individual, then the Obama health insurance that’s dictated chances are you’re probably not going the first Tuesday in November with the in the ObamaCare bill will require. American people. to be able to pay for a $12,000 health in- If you’re a family of eight or more You and I know what the American surance policy, which is the estimated and you make $51,724 or more, you will people are going to say. We are their cost of the insurance policy that is have a minimum tax of $1,293 on top of Representatives. This is not the 29th being mandated by the ObamaCare law. regular income tax. Congratulations, time, and it is not the 30th time. It is If you cannot and if you make more that’s a gift from the Obama adminis- the 31st time the American people’s than $14,856—let’s say you make tration and all of those—not a single $20,000—and you can’t afford the $12,000 Representatives have spoken in this Republican—on the Democratic side of for the insurance policy, then you will House, and they’ve said we can do bet- the aisle that voted to cram down have an extra annual tax of $371 when ter. This bill is bad for America. It’s ObamaCare on a Nation where it was the 21⁄2 percent extra income tax kicks bad for health care reform. We can do clear poll after poll after poll what the in. If you only make $14,856 and if better. people wanted. The American people that’s before taxes—take away a hunk I thank my friend from New York. got it. They did not want the govern- of that for income tax, Medicare tax, Mr. REED. I appreciate the gen- ment dictating their health care. Social Security tax—then that $371 tleman from Georgia and my colleague Now we have Chief Justice John Rob- means a lot. It may mean the dif- from Texas and all of my colleagues for erts abandoning intellectual integrity ference between being able to fill up a joining us. with his opinion in pages 11 through 15 worker’s car enough times to get to As we wrap up tonight, you’re abso- and saying clearly this is not a tax, it’s and from work so he doesn’t lose his lutely right. We can do better. Health a penalty. It’s the Obama administra- job. care, obviously, needs to be reformed. If you’re a family of two and if you tion penalizing everybody in America The costs that we are seeing and the make $20,123 or more—if you make that doesn’t buy exactly what the ad- increases in costs in health care need $30,000 or anything over $20,123—then ministration says. It’s a penalty. Chief to be addressed, but this law doesn’t do Roberts makes it clear the best evi- you will have an extra 21⁄2 percent tax it. This law compounds the problem. of $503. dence he says of what it is is Congress’ Just look at its track record. I’ve been own language. Congress calls it a ‘‘pen- contacted by numerous constituents b 1820 alty.’’ It really is. It just penalizes over the last year who were talking But the more you make over $20,123, those who don’t do what the Obama ad- about premium notices with increases the more the tax is. But it’s a min- ministration says.

VerDate Mar 15 2010 02:45 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.089 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4824 CONGRESSIONAL RECORD — HOUSE July 11, 2012 Then at about the middle of page 15 Others are saying, We’re downscaling. in order to attend? That’s right, government of the Supreme Court opinion, Chief We don’t want to be over that 50-em- issued photo identification (and a second Justice Roberts says since it’s a pen- ployee number so that we can maybe form of identification too!), something both alty and not a tax, the Anti-Injunction stay competitive in a down economy. Holder and the NAACP stand firmly against when it comes to voting. Act does not apply. So the Supreme But the trouble is, people are hurting Court does have jurisdiction because, these days. The economy is difficult. Wow, the NAACP and the Attorney as he makes clear, if this were really a And I’ve been intrigued, as have peo- General have just disenfranchised a tax, the Anti-Injunction Act would ple on both sides of the aisle, who let slew of people that probably would apply, and no one could file suit over me know that during this time when have liked to have heard the Attorney the ObamaCare bill until 2014. But he we have a chance—Democrats for a General. But they disenfranchised says since it’s a penalty and not a tax, time, Republicans for a time, back and them, said you can’t come into the then we do have jurisdiction, we can forth—have a chance to bring things to NAACP convention unless you’ve got a photo ID. You can’t come in. proceed now, and we don’t have to wait the floor to get into the CONGRES- Yet the Attorney General was in until 2014. SIONAL RECORD and to make public Then he proceeds through the rest of things that others may have missed. I court saying that what Texas is doing his opinion, after talking about the constantly have people say, I had no is wrong, and if it’s wrong, why are the Commerce Clause, to say that no mat- idea about that until I heard you talk- NAACP and the Attorney General ter what Congress called it, this is real- ing about it on the floor. I was watch- doing it? The article says: ly a tax. Then, of course, he has to also ing C–SPAN. justify why he calls it a penalty for one And I’ve been told before, Gee, we All media must present government-issued photo ID (such as a driver’s license) as well thing and a tax for another. It is one of love it when you’re on TV because then the worst written opinions that I’ve as valid media credentials. Members of the we can finally turn you off. Then I media must RSVP to receive press creden- seen. have been told by others in some of- At least when the liberals on the Su- tials. fices here on Capitol Hill that they ac- preme Court have written opinions, And it gives the website. Then it tually turn up the sound when they see they’ve at least been more intellectu- says: ally consistent than that tragic opin- me on. For security purposes, media check-in and ion as written by our Chief Justice. Whatever the case, Mr. Speaker, this equipment setup must be completed by 7:45 He’s a good man. He lost his way. I feel is a wonderful chance to make sure a.m. CDT for an 8:00 a.m. CDT security sure that at some point he will find his people get information that they don’t sweep. Once the security sweep is completed, have time to get otherwise. additional media equipment will NOT be per- way back when he realizes what has mitted to enter and swept equipment will really occurred. b 1830 NOT be permitted to exit. Today, the ObamaCare bill was de- We have been hearing a great deal But what’s sad is these so-called bated somewhat further; but yesterday about the photo ID. folks that can’t get a photo ID that the during the debate I heard people on the In the District of Columbia Federal Democratic side of the aisle who kept NAACP and the Attorney General are court here, we have been having a suit saying, No one has lost their insurance. complaining about, not being able to between our so-called Department of No one will lose their insurance. If you get one, they can’t even get into the Justice and Texas over whether Texas like your insurance, you’re not going convention. So how is it that these people who to lose it. There were people that I can do as Indiana did and require a have great respect for saying that, and photo ID in order to vote. say we’re out for those that don’t have I know they would never intentionally Texas pretty well tracked the Indi- a photo ID really care about those tell something that’s false, the key ana law. It looks like a good law. I read without a photo ID if they won’t even being intentionally. it. I read the Supreme Court opinion let them into their convention? What it told me is they really don’t that addressed the issue and upheld the Continuing: know; they honestly don’t know that law as being a legitimate law. Ironically, NAACP President Ben Jealous people across America have already I don’t know that, from reports I railed against voter ID just before Holder took the stage. been losing their insurance that they heard today, whether or not Texas is liked and wanted to keep. They don’t trying the case properly, but if they In the convention they are railing know that. So I’m hopeful that people put on the evidence that’s available against it, but the people without across America, when they’ve heard and is quite convincing and clear, there photo IDs, if there are those who can’t over the last few days people saying should be no reason for Texas to lose get them that really want them, they nobody will lose their insurance, no- this case that requires a photo ID. If couldn’t get in to hear the speech. body has lost their insurance, that as someone cannot afford a photo ID, they Going on: people continue to and have already can’t afford the few dollars for that, The head of the NAACP on Monday likened lost their insurance, that they will then under the Texas law, as the Indi- the group’s fight against conservative- make sure to drop a line or give a call ana law, they can simply make that in- backed voter ID laws that have been passed dication, and if you can’t pay for it, in several States to the great civil rights or something and make sure that peo- battles of the 1960s. ple here know that, Yes, we have lost then you’re going to get it free. Benjamin Todd Jealous, the CEO and presi- our insurance and we liked it. We were There are groups in Texas that have dent of the National Association for the Ad- okay with it. It was ObamaCare that made clear if you can’t get to where vancement of Colored People, said these are caused the loss. you need to go to get a photo ID, we’ll ‘‘Selma and Montgomery times,’’ referring We heard people who kept saying we take you there. to historic Alabama civil rights confronta- ought to be talking about jobs. I know In fact, if this Justice Department tions. He challenged those attending the they’re sincere about that. What they had spent a tiny, tiny fraction of the NAACP’s annual convention to redouble don’t understand is that this bill is money it has spent on this litigation their efforts to get out the vote in Novem- ber. killing jobs. As so many people have against Texas, against Florida, and ‘‘We must overwhelm the rising tide of vot- said that I’ve talked to, We are right against these other States on just help- ing suppression with the high tide of reg- there at the 50-employee limit under ing people get photo IDs, there istration and mobilization and motivation ObamaCare. We don’t want to have 50. wouldn’t have been a problem in the and protection,’’ he said. We’re keeping things small. We’re not world with everybody having a photo ‘‘Simply put, the NAACP will never stand going to hire some folks. We’re doing ID that needed one. by as any State tries to encode discrimina- other things because we simply cannot This article, a July 11, 2012, publica- tion into law,’’ Jealous said. afford to pay that extra $2,000 an em- tion, Katie Pavlich, News Editor, Well, obviously he doesn’t have a ployee tax that we get hit with the writes: chance to get out and see the real minute we go over that 50-employee Earlier today, Attorney General Eric Hold- news. But in Georgia they passed a limit. er addressed the NAACP National Conven- photo ID requirement for voters and There are people not being hired. tion at the George R. Brown Convention Cen- have had two elections since, and in There are people that are losing jobs. ter in Houston, Texas. What did media need both those elections minorities have

VerDate Mar 15 2010 02:45 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.091 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4825 increased greater than before, and ac- racial problem than there has been or Pretty tragic how this State Depart- tually increased greater than Anglo exists now in those States that are ment, how this administration could voters. There has been no disenfran- treated punitively. continue to exclude Israel from coun- chisement in Georgia. terterrorism discussions about coun- b 1840 So, actually, it turns out that the tries who have been victims of ter- photo ID has engaged minority voters. Well, we’ll see. rorism. The fact is the Voting Rights Amend- We’ve also heard about the loving re- Here is an interesting additional arti- ment is a violation of our United lationship, as this administration says, cle. We had another hearing today in States Constitution until it is applied, with such a great ally as Israel. And it one of our Judiciary Committees. It section 5 is applied, to every State in defies explanation. This is from caused us to think again about Fast the Union. Breitbart, William Bigelow, dated 10 and Furious, never far from your mind There were southern States that were July 2012: when you know there are guns out guilty of racial suppression in the six- How much does Barack Obama hate Israel there still being used to kill innocent ties and prior, and it is an abomination and want to throw her under the bus? Here’s people that were put there, forced to this Nation that such occurred, not how much: the Obama administration not there, by this administration. This ar- nearly as much as slavery, but it’s still only excluded Israel from a new counterter- ticle, dated July 6 from Deroy an abomination. It still should not rorism forum in Spain; it didn’t even men- tion Israel in its remarks. If there were ever Murdock, National Review Online—and have been happening. The Voting a country that has dealt with murderous ter- I’m not going to read the whole article, Rights Act has done a great deal to- rorist attacks over and over again, that but a significant part is important to ward eliminating that. country would have to be Israel. note. But, unfortunately, under the Voting Here’s what Marie Otero, the State Depart- Mr. Murdock writes: Rights Act, atypical of most things in ment’s Under Secretary for Civilian Secu- While Brian Terry is the most visible vic- America, once you improve your State rity, Democracy and Human Rights, said: tim of this notorious policy, he is not its sole to the place where there is no problem, ‘‘Last September at the official launch of casualty. you still are not out from under pun- the Global Counterterrorism Forum, I had On February 15, 2011, U.S. Immigration and the privilege to introduce the premiere of a Customs Enforcement agent Jaime Zapata, ishment, the penalty of section 5, be- film ‘Hear Their Voices,’ which tells the sto- cause of what happened in the 1960s and 32, was shot mortally in San Luis Potosi, ries of 11 survivors of terrorist attacks from Mexico. Members of Los Zetas drug gang also before. Pakistan, Jordan, Northern Ireland, Uganda, hit ICE agent Victor Avila in that ambush, So, States have complained, look, Turkey, Indonesia, India, Spain, Colombia, although not fatally. This assault involved a you know, we fix things. We’re doing and the United States. The film, which was rifle purchased in Dallas in another Obama good. In fact, we are doing better than produced by the Global Survivors Network, administration ‘‘gunwalking’’ escapade. so many districts in other parts of the is a powerful plea for audiences around the Largely overlooked is this plan’s calami- country that are not under section 5 world, especially those sympathetic to the tous impact on Mexico, its people, and U.S.- that’s so punitive. grievances expressed by extremists, to recog- Mexican relations. Fast and Furious has nize the human cost of terrorism, and I am Some of us couldn’t help but wonder, spilled American blood. But south of the bor- delighted that our Spanish hosts are plan- der, it has made blood gush like an oil when a big majority on both sides of ning on showing this film here later this strike. the aisle voted to extend the Voting afternoon.’’ ‘‘One of the things that’s so offensive Rights Act, including section 5 that When Secretary of State Clinton an- about this case is that our Federal Govern- got even tougher for another 25 years, nounced the coalition’s formation in June, ment knowingly, willfully, purposefully, why they wouldn’t have supported the she didn’t include Israel on her list of coun- gave the drug cartels nearly 2,000 weapons— Gohmert amendment. The Gohmert tries that suffer from terrorist attacks. mainly AK–47s—and allowed them to walk,’’ amendment said, look, section 5, puni- How could Secretary Clinton not im- Representative JASON CHAFFETZ told NBC tive provisions ought to apply to every mediately think of Israel as a country News. These arms were supplied to lead Fed- eral agents in Phoenix to the Mexican thugs district, every State in the country. that suffers from terrorist attacks who acquired them. Instead, Fast and Furi- Failure to do so is a violation of equal when they have bombs, they have rock- ous guns melted into Mexico without a trace. ets flying into Israel every day? protection. And I add, parenthetically, because Why is it that districts in other parts Defenders of Israel were furious, even those they were never intended to be fol- of the country, north, east, west, are who were Democrats. Josh Block, a Demo- lowed. And that was clear. cratic strategist and a former spokesman for allowed to grow into racial disparity Back to the article: and suppression of minority vote but AIPAC, said, ‘‘When the administration promised to include Israel in the counterter- These weapons became invisible, but not they’re not treated with section 5, silent. whereas States that have been under rorism forum that the United States found- ed—after Jerusalem’s inexplicable exclusion The 300 Mexicans or so that have died that punitive provision can’t ever get from the initial meeting a month ago—one as a result of this also deserve atten- out from under it even though they are would think that they would be true to their tion and what it’s done to our Amer- better off than other parts of the coun- word. Clearly, someone failed here. How ican-Mexican relations needs great try? Israel could be excluded from another meet- Well, the reason, it seems to be—you ing of an anti-terror forum that we in the sympathy and heartfelt apologies. wonder, why would people vote? Why United States chair is beyond comprehen- With that, Mr. Speaker, I yield back not vote to do it across the country? If sion, especially one that focuses on victims the balance of my time. it’s good for these States that have of terrorism. At a time when Romney is f challenging the administration’s record on proved better than our own State, why U.S.-Israel relations, this error stands out.’’ SENATE ENROLLED BILL SIGNED should it not apply to everyone? And I First of all, Mr. Block, no one failed here. The Speaker announced his signature still ask that question. The only thing Obama succeeded beyond his wildest dreams. to an enrolled bill of the Senate of the you wonder is we had the power to ram Later in the article: following title: this down on these States punitively, Jonathan Schanzer, vice president for re- S. 2061. An act to provide for an exchange so we did. The last thing we wanted search at the Foundation of Defense of De- of land between the Department of Homeland was any of those punitive provisions mocracies, said, ‘‘What we’re seeing is a Security and the South Carolina State Ports applying to our States or our districts trend of Israel being left out of the global Authority. where disparity is more a problem than discussion on terrorism, while Israel was ex- f those original areas. tremely helpful during the beginning stages So, I don’t know. I wonder if at some of this conversation. The Obama administra- ADJOURNMENT point we’re going to have a rush of the tion is downplaying the struggle that Israel Mr. GOHMERT. Mr. Speaker, I move bipartisan leadership that pushed that has been enduring. I believe to a certain ex- that the House do now adjourn. through to come back and say, You tent this is due to regional politics, and it’s The motion was agreed to; accord- disconcerting to see this change. It just know what, LOUIE, you’re right. If it looks like a quiet effort to downplay the ingly (at 6 o’clock and 47 minutes applies to southern States, it ought to issue.’’ p.m.), under its previous order, the apply to everybody. It ought to apply The State Department would not answer House adjourned until tomorrow, to those districts that have more of a questions about the matter. Thursday, July 12, 2012, at 9 a.m.

VerDate Mar 15 2010 04:01 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K11JY7.093 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE H4826 CONGRESSIONAL RECORD — HOUSE July 11, 2012 EXECUTIVE COMMUNICATIONS, Law 111-87, section 2688(c); to the Committee Air Quality Management District ETC. on Energy and Commerce. (MDAQMD) and Yolo-Solano Air Quality 6843. A letter from the Chief Executive Of- Management District (YSAQMD) [EPA-R09- Under clause 2 of rule XIV, executive ficer, Anti-Doping Agency, transmitting the OAR-2012-0027; FRL-9686-6] received June 27, communications were taken from the Agency’s 2011 Annual Report and Financial 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Speaker’s table and referred as follows: Audit; to the Committee on Energy and Committee on Energy and Commerce. 6832. A letter from the Secretary of the Commerce. 6853. A letter from the Director, Regu- Commission, Commodity Futures Trading 6844. A letter from the Administrator, De- latory Management Division, Environmental Commission, transmitting the Commission’s partment of Energy, transmitting a report Protection Agency, transmitting the Agen- cy’s final rule — Withdrawal of Direct Final final rule — Customer Clearing Documenta- entitled ‘‘The Availability and Price of Pe- Rule Revising the California State Imple- tion, Timing of Acceptance for Clearing, and troleum and Petroleum Products Produced mentation Plan, South Coast Air Quality Clearing Member Risk Management; Core in Countries Other than Iran’’; to the Com- Management District [EPA-R09-OAR-2012- Principles and Other Requirements for Des- mittee on Energy and Commerce. 6845. A letter from the Director, Regula- 0236; FRL-9609-9] received June 27, 2012, pur- ignated Contract Markets; Correction (RIN: tions Policy and Management Staff, Depart- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 3038-0092, -0094) received June 25, 2012, pursu- ment of Health and Human Services, trans- mittee on Energy and Commerce. ant to 5 U.S.C. 801(a)(1)(A); to the Committee mitting the Department’s final rule — Irra- 6854. A letter from the Chief of Staff, Media on Agriculture. diation in the Production, Processing, and Bureau, Federal Communications Commis- 6833. A letter from the Secretary, Com- Handling of Food [Docket No.: FDA-2007-F- sion, transmitting the Commission’s final modity Futures Trading Commission, trans- 0390] (Formerly 2007F-0115) received June 14, rule — Carriage of Digital Television Broad- mitting the Commission’s final rule — Swap 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the cast Signals: Amendment to Part 76 of the Data Recordkeeping and Reporting Require- Committee on Energy and Commerce. Commission’s Rules [CS Docket: 98-120] re- ments: Pre-Enactment and Transition Swaps 6846. A letter from the Director, Regu- ceived June 18, 2012, pursuant to 5 U.S.C. [3038-AD48] received June 15, 2012, pursuant latory Management Division, Environmental 801(a)(1)(A); to the Committee on Energy and to 5 U.S.C. 801(a)(1)(A); to the Committee on Protection Agency, transmitting the Agen- Commerce. Agriculture. cy’s final rule — Approval and Promulgation 6855. A letter from the Deputy Bureau 6834. A letter from the Congressional Re- of Air Quality Implementation Plans; Ohio; Chief, Wireline Competition Bureau, Federal view Coordinator, Department of Agri- Regional Haze [EPA-R05-OAR-2011-0329; FRL- Communications Commission, transmitting culture, transmitting the Department’s final 9683-4] received June 27, 2012, pursuant to 5 the Commission’s final rule — Connect rule — Highly Pathogenic Avian Influenza U.S.C. 801(a)(1)(A); to the Committee on En- America Fund; A National Broadband Plan [Docket No.: APHIS-2006-0074] (RIN: 0579- ergy and Commerce. for Our Future; Establishing Just and Rea- AC36) received June 14, 2012, pursuant to 5 6847. A letter from the Director, Regu- sonable Rates for Local Exchange Carriers; U.S.C. 801(a)(1)(A); to the Committee on Ag- latory Management Division, Environmental High-Cost Universal Service Support; Devel- riculture. Protection Agency, transmitting the Agen- oping a Unified Intercarrier Compensation 6835. A letter from the Congressional Re- cy’s final rule — Approval and Promulgation Regime; Federal-State Joint Board on Uni- view Coordinator, Department of Agri- of Air Quality Implementation Plans; Indi- versal Service; Lifeline and Link-Up; Uni- culture, transmitting the Department’s final ana; Volatile Organic Compounds; Consumer versal Service Reform-Mobility Fund [WC rule — Importation of Tomatoes From the Products [EPA-R05-OAR-2010-1050; FRL-9690- Docket No.: 10-90] [GN Docket No.: 09-51] [WC Economic Community of West African 3] received June 27, 2012, pursuant to 5 U.S.C. Docket No.: 07-135] [WC Docket No.: 05-337] States Into the Continental United States 801(a)(1)(A); to the Committee on Energy and [CC Docket No.: 01-92] [CC Docket No.: 96-45] [Docket No.: APHIS-2011-0012] (RIN: 0579- Commerce. [WC Docket No.: 03-109] [WT Docket No.: 10- AD48) received June 14, 2012, pursuant to 5 6848. A letter from the Director, Regu- 208] received June 14, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ag- latory Management Division, Environmental U.S.C. 801(a)(1)(A); to the Committee on En- riculture. Protection Agency, transmitting the Agen- ergy and Commerce. 6856. A letter from the Deputy Director, 6836. A letter from the Director, Regu- cy’s final rule — Approval and Promulgation Defense Security Cooperation Agency, trans- latory Management Division, Environmental of Implementation Plans and Designation of mitting Transmittal No. 12-19, pursuant to Protection Agency, transmitting the Agen- areas for Air Quality Planning Purposes; the reporting requirements of Section cy’s final rule — Cyflufenamid; Pesticide Missouri and Illinois; St. Louis Nonattain- 36(b)(1) of the Arms Export Control Act, as Tolerances [EPA-HQ-OPP-2009-0029; FRL- ment area; Determination of Attainment by amended; to the Committee on Foreign Af- 9352-5] received June 27, 2012, pursuant to 5 Applicable Attainment Date for the 1997 An- U.S.C. 801(a)(1)(A); to the Committee on Ag- fairs. nual Fine Particulate Standards [EPA-R07- 6857. A letter from the Assistant Secretary riculture. OAR-2011-0627; FRL-9692-8] received June 27, 6837. A letter from the Director, Regu- for Export Administration, Department of 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Commerce, transmitting the Department’s latory Management Division, Environmental Committee on Energy and Commerce. Protection Agency, transmitting the Agen- final rule — Implementation of the Under- 6849. A letter from the Director, Regu- standings Reached at the 2011 Australia cy’s final rule — Propiconazole; Pesticide latory Management Division, Environmental Tolerances [EPA-HQ-OPP-2011-0397; FRL- Group (AG) Plenary Meeting and other AG- Protection Agency, transmitting the Agen- Related Clarifications to the EAR [Docket 9350-9] received June 27, 2012, pursuant to 5 cy’s final rule — Approval and Promulgation U.S.C. 801(a)(1)(A); to the Committee on Ag- No.: 120112039-2176-03] (RIN: 0694AF45) re- of Implementation Plans; Louisiana; Re- ceived June 27, 2012, pursuant to 5 U.S.C. riculture. gional Haze State Implementation Plan 6838. A letter from the Chairman, Board 801(a)(1)(A); to the Committee on Foreign Af- [EPA-R06-OAR-2008-0510; FRL-9692-3] re- fairs. Governors of the Federal Reserve System, ceived June 27, 2012, pursuant to 5 U.S.C. 6858. A letter from the Auditor, Office of transmitting Annual Report to the Congress 801(a)(1)(A); to the Committee on Energy and the District of Columbia Auditor, transmit- on the Presidential $1 Coin Program; to the Commerce. ting copy of the report entitled ‘‘District of Committee on Financial Services. 6850. A letter from the Director, Regu- Columbia Agencies’ Compliance with Fiscal 6839. A letter from the Chairman and Presi- latory Management Division, Environmental Year 2011 Small Business Enterprise Expend- dent, Export-Import Bank, transmitting a Protection Agency, transmitting the Agen- iture Goals’’, pursuant to D.C. Code section report on transactions involving U.S. exports cy’s final rule — Approval and Promulgation 47-117(d); to the Committee on Oversight and to Ireland pursuant to Section 2(b)(3) of the of Implementation Plans; State of Georgia; Government Reform. Export-Import Bank Act of 1945, as amended; Regional Haze State Implementation Plan 6859. A letter from the Auditor, Office of to the Committee on Financial Services. [EPA-R04-OAR-2010-0936; FRL-9696-1] re- the District of Columbia Auditor, transmit- 6840. A letter from the Chairman Presi- ceived June 27, 2012, pursuant to 5 U.S.C. ting copy of the report entitled ‘‘District of dent, Export-Import Bank, transmitting the 801(a)(1)(A); to the Committee on Energy and Columbia Agencies’ Compliance with Fiscal Bank’s report on export credit competition Commerce. Year 2011 Small Business Enterprise Expend- and the Export-Import Bank of the United 6851. A letter from the Director, Regu- iture Goals’’, pursuant to D.C. Code section States for the period January 1, 2011 through latory Management Division, Environmental 47-117(d); to the Committee on Oversight and December 31, 2011; to the Committee on Fi- Protection Agency, transmitting the Agen- Government Reform. nancial Services. cy’s final rule — Louisiana: Final Authoriza- 6860. A letter from the Secretary, Depart- 6841. A letter from the Chairman, Ap- tion of State Hazardous Waste Management ment of Education, transmitting the forty- praisal Subcommittee, Federal Financial In- Program Revision [EPA-R06-RCRA-2012-0367 sixth Semiannual Report to Congress on stitutions Examination Council, transmit- FRL-9692-7] received June 27, 2012, pursuant Audit Follow-up, covering the six month pe- ting the 2011 Annual Report of the Appraisal to 5 U.S.C. 801(a)(1)(A); to the Committee on riod ending March 31, 2012 in compliance Subcommittee, pursuant to 12 U.S.C. 3332; to Energy and Commerce. with the Inspector General Act Amendments the Committee on Financial Services. 6852. A letter from the Director, Regu- of 1988; to the Committee on Oversight and 6842. A letter from the Secretary, Depart- latory Management Division, Environmental Government Reform. ment of Health and Human Services, trans- Protection Agency, transmitting the Agen- 6861. A letter from the General Counsel, mitting Review of HIV Program Effective- cy’s final rule — Revisions to the California Department of Housing and Urban Develop- ness, pursuant to 42 U.S.C. 300ff-87a Public State Implementation Plan, Mojave Desert ment, transmitting a report pursuant to the

VerDate Mar 15 2010 04:01 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\L11JY7.000 H11JYPT1 jbell on DSK7SPTVN1PROD with HOUSE July 11, 2012 CONGRESSIONAL RECORD — HOUSE H4827 Federal Vacancies Reform Act of 1998; to the Mr. SMITH of Texas: Committee on the Ju- H.R. 6101. A bill to amend title 38, United Committee on Oversight and Government diciary. H.R. 3862. A bill to impose certain States Code, to improve educational coun- Reform. limitations on consent decrees and settle- seling opportunities for veterans, and for 6862. A letter from the Accounting Man- ment agreements by agencies that require other purposes; to the Committee on Vet- ager, Accounting Policy and External Re- the agencies to take regulatory action in ac- erans’ Affairs, and in addition to the Com- porting, Federal Home Loan Bank of Des cordance with the terms thereof, and for mittee on Armed Services, for a period to be Moines, transmitting the 2011 management other purposes; with an amendment (Rept. subsequently determined by the Speaker, in report and statements on system of internal 112–53). Referred to the Committee of the each case for consideration of such provi- controls of the Federal Home Loan Bank of Whole House on the state of the Union. sions as fall within the jurisdiction of the Des Moines, pursuant to 31 U.S.C. 9106; to the Mr. SMITH of Texas: Committee on the Ju- committee concerned. Committee on Oversight and Government diciary. H.R. 1996. A bill to amend titles 5 By Mr. GERLACH (for himself and Mr. Reform. and 28, United States Code, with respect to KIND): 6863. A letter from the President and Chief the award of fees and other expenses in cases H.R. 6102. A bill to amend the Internal Rev- Executive Officer, Federal Home Loan Bank brought against agencies of the United enue Code of 1986 to provide tax relief for of Indianapolis, transmitting the 2011 State- States, to require the Administrative Con- small businesses, and for other purposes; to ments on System of Internal Controls of the ference of the United States to compile, and the Committee on Ways and Means. Federal Home Loan Bank of Indianapolis, make publicly available, certain data relat- By Ms. HOCHUL: pursuant to 31 U.S.C. 9106; to the Committee ing to the Equal Access to Justice Act, and H.R. 6103. A bill to amend title XI of the on Oversight and Government Reform. for other purposes; with an amendment Social Security Act to increase fines and 6864. A letter from the Acting Director, Of- (Rept. 112–594). Referred to the Committee of penalties for Medicare fraud to augment fice of Government Ethics, transmitting the the Whole House on the state of the Union. Medicare fraud enforcement activities, such Office’s final rule — Executive Branch Quali- DISCHARGE OF COMMITTEE as the Health Care Fraud and Enforcement fied Trusts (RIN: 3209-AA00) received June 27, Pursuant to clause 2 of rule XIII, the Action Team (HEAT) program; to the Com- 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Ways and Means, and in addition Committee on Oversight and Government Committees on Oversight and Govern- to the Committee on Energy and Commerce, Reform. ment Reform, Science, Space, and for a period to be subsequently determined 6865. A letter from the Director, Office of Technology, the Judiciary, and Intel- by the Speaker, in each case for consider- Personnel Management, transmitting the Of- ligence (Permanent Select) discharged ation of such provisions as fall within the ju- fice’s Federal Equal Opportunity Recruit- from further consideration of H.R. 3674. risdiction of the committee concerned. ment Program Report for Fiscal Year 2011, By Mr. RICHMOND: f pursuant to 5 U.S.C. 7201(e); to the Com- H.R. 6104. A bill to provide a temporary ex- mittee on Oversight and Government Re- REPORTED BILL SEQUENTIALLY tension for the middle class of certain tax re- form. REFERRED lief enacted in 2001, 2003, and 2009; to the 6866. A letter from the Secretary, Sec- Committee on Ways and Means. retary of Education, transmitting the sixty- Under clause 2 of rule XIII, bills and By Mr. STIVERS (for himself and Mr. fourth Semiannual Report to Congress of the reports were delivered to the Clerk for CARSON of Indiana): Office of the Inspector General for the period printing, bills referred as follows: H.R. 6105. A bill to amend the Federal October 1, 2011, through March 31, 2012; to Mr. KING of New York: Committee on Home Loan Bank Act to allow non-Federally the Committee on Oversight and Govern- Homeland Security. H.R. 3674. A bill to insured credit unions to become members of ment Reform. amend the Homeland Security Act of 2002 to a Federal Home Loan Bank; to the Com- 6867. A letter from the Acting Assistant make certain improvements in the laws re- mittee on Financial Services. Administrator for Fisheries, NMFS, National lating to cybersecurity, and for other pur- Oceanic and Atmospheric Administration, f poses; with an amendment (Rept. 112–592, Pt. transmitting the Administration’s final rule 1); referred to the Committee on Energy and CONSTITUTIONAL AUTHORITY — Fisheries of the Northeastern United Commerce for a period ending not later than STATEMENT States; Recreational Management Measures September 21, 2012, for consideration of such for the Summer Flounder, Scup, and Black Pursuant to clause 7 of rule XII of provisions of the bill and amendment as fall Sea Bass Fisheries; Fishing Year 2012 [Dock- the Rules of the House of Representa- within the jurisdiction of that committee et No.: 120321208-2076-02] (RIN: 0648-BC07) re- tives, the following statements are sub- pursuant to clause 1(f) of rule X. ceived June 15, 2012, pursuant to 5 U.S.C. mitted regarding the specific powers 801(a)(1)(A); to the Committee on Natural f granted to Congress in the Constitu- Resources. PUBLIC BILLS AND RESOLUTIONS tion to enact the accompanying bill or 6868. A letter from the Clerk, Court of Ap- joint resolution. peals, transmitting an opinion of the United Under clause 2 of rule XII, public States Court of Appeals for the Fourth Cir- bills and resolutions of the following By Mr. FLAKE: cuit, Ganess Maharaj, No. 11-1747 (June 14, titles were introduced and severally re- H.R. 6098. Congress has the power to enact this legis- 2012); to the Committee on the Judiciary. ferred, as follows: 6869. A letter from the Attorney General, lation pursuant to the following: Department of Justice, transmitting notifi- By Mr. FLAKE (for himself and Mr. The ability to regulate interstate com- cation that the Department has determined CHAFFETZ): merce pursuant to Article I, Section 8, not to file a petition for a writ of certiorari H.R. 6098. A bill to amend the Federal Crop Clause 3. in Al Haramain Islamic Foundation, Inc. v. Insurance Act to immediately reduce crop By Mr. CARNAHAN: US Dep’t of Treasury, No. 10-35032 (9th Cir. insurance premium subsidy rates from the H.R. 6099. Feb. 27, 2012); to the Committee on the Judi- higher subsidies provided since the Agricul- Congress has the power to enact this legis- ciary. tural Risk Protection Act of 2000; to the lation pursuant to the following: 6870. A communication from the President Committee on Agriculture. Article I, Section 1. ‘‘All legislative Powers of the United States, transmitting notifica- By Mr. CARNAHAN (for himself, Mr. herein granted shall be vested in a Congress tion of the designation of Irving A. POLIS, Mr. HONDA, and Mr. HINCHEY): of the United States, which shall consist of a Williamson as Chairman of the United States H.R. 6099. A bill to amend the Public Works Senate and a House of Representatives.’’ International Trade Commission, for the and Economic Development Act of 1965 with By Mr. BRALEY of Iowa: term expiring June 16, 2014, pursuant to 19 respect to grants for economic adjustment, H.R. 6100. U.S.C. 1330(c)(1); to the Committee on Ways and for other purposes; to the Committee on Congress has the power to enact this legis- and Means. Transportation and Infrastructure, and in lation pursuant to the following: 6871. A letter from the Chairman, Medicare addition to the Committee on Financial This bill is enacted pursuant to the power Payment Advisory Commission, transmit- Services, for a period to be subsequently de- granted to Congress under Article I, Section ting the June 2012 Report to Congress: Medi- termined by the Speaker, in each case for 8, Clause 18 of the United States Constitu- care and the Health Care Delivery System; consideration of such provisions as fall with- tion. jointly to the Committees on Energy and in the jurisdiction of the committee con- By Ms. CHU: Commerce and Ways and Means. cerned. H.R. 6101. By Mr. BRALEY of Iowa: Congress has the power to enact this legis- f H.R. 6100. A bill to amend the Internal Rev- lation pursuant to the following: REPORTS OF COMMITTEES ON enue Code of 1986 to provide a temporary ex- Pursuant to Article 1, Section 8. PUBLIC BILLS AND RESOLUTIONS tension of the 2001 and 2003 tax cuts for the By Mr. GERLACH: middle class, and for other purposes; to the H.R. 6102. Under clause 2 of rule XIII, reports of Committee on Ways and Means. Congress has the power to enact this legis- committees were delivered to the Clerk By Ms. CHU (for herself, Mr. RANGEL, lation pursuant to the following: for printing and reference to the proper Ms. LORETTA SANCHEZ of California, Clause 1 of Section 8 of Article I of the calendar, as follows: Mr. FILNER, and Mr. JONES): United States Constitution.

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By Ms. HOCHUL: H.R. 1681: Mr. BISHOP of New York. H.R. 5846: Mr. MICA. H.R. 6103. H.R. 1775: Mr. COURTNEY, Mr. AKIN, Mr. H.R. 5850: Mr. LAMBORN. Congress has the power to enact this legis- BACHUS, Mr. RIGELL, Mr. ROGERS of Ala- H.R. 5911: Ms. HAYWORTH, Mr. SHUSTER, and lation pursuant to the following: bama, Mr. AUSTRIA, Mr. NUNNELEE, Mr. Mr. OLSON. Article I, Section 8, Clause 3 of the U.S. WITTMAN, Ms. HAYWORTH, Mr. ROSKAM, Mr. H.R. 5924: Mr. COFFMAN of Colorado. Constitution. FITZPATRICK, and Mr. YODER. H.R. 5925: Mrs. NOEM. By Mr. RICHMOND: H.R. 1955: Mr. CONNOLLY of Virginia. H.R. 5942: Mr. ROSKAM and Mr. BARROW. H.R. 6104. H.R. 2032: Mr. HIMES, Mr. JOHNSON of Ohio, H.R. 5943: Mr. SHUSTER. Congress has the power to enact this legis- and Mr. MCKEON. H.R. 5944: Mr. HASTINGS of Florida, Ms. lation pursuant to the following: H.R. 2051: Mr. REED. NORTON, and Ms. FUDGE. This bill is introduced pursuant to the H.R. 2155: Mr. MORAN. H.R. 5953: Mr. JORDAN. powers granted to Congress under the Gen- H.R. 2353: Ms. DELAURO. H.R. 5955: Mr. FILNER. eral Welfare Clause (Art. 1 Sec. 8 Cl. 1), the H.R. 2382: Mr. PERLMUTTER. H.R. 5962: Mr. BLUMENAUER, Mr. HOLT, and Commerce Clause (Art. 1 Sec. 8 Cl. 3), and H.R. 2479: Mr. RICHMOND. Ms. ESHOO. the Necessary and Proper Clause (Art. 1 Sec. H.R. 2492: Mr. MCKEON. H.R. 5976: Mr. SCHIFF. 8 Cl. 18). H.R. 2569: Ms. HAYWORTH. H.R. 5978: Mr. CICILLINE. Further, this statement of constitutional H.R. 2655: Mr. CARNAHAN. H.R. 6000: Mrs. ELLMERS. authority is made for the sole purpose of H.R. 2672: Mr. ENGEL. H.R. 6012: Mr. LEWIS of California, Mrs. compliance with clause 7 of Rule XII of the H.R. 2697: Mr. DEUTCH. HARTZLER, Mr. RYAN of Ohio, Mr. MANZULLO, Rules of the House of Representatives and H.R. 2794: Mr. FILNER and Mr. CARNAHAN. Mr. HUNTER, Mr. BARTON of Texas, Mr. shall have no bearing on judicial review of H.R. 2962: Ms. BONAMICI. CICILLINE, Mr. MICHAUD, Mr. MARCHANT, Mr. the accompanying bill. H.R. 2969: Ms. TSONGAS and Mr. HOLDEN. BURGESS, Mr. NEAL, and Mr. KING of New By Mr. STIVERS: H.R. 2992: Mr. POE of Texas. York. H.R. 6105. H.R. 3187: Mr. CRITZ. H.R. 6025: Mr. SCHWEIKERT. Congress has the power to enact this legis- H.R. 3252: Ms. HAYWORTH. H.R. 6034: Mr. BOSWELL. lation pursuant to the following: H.R. 3307: Mr. WALZ of Minnesota. H.R. 6046: Ms. LEE of California, Ms. NOR- This bill is enacted pursuant to the power H.R. 3356: Mr. POSEY. TON, Mr. COURTNEY, Mr. HINCHEY, Mr. granted to Congress under Article I, Section H.R. 3387: Mr. LOBIONDO. GEORGE MILLER of California, and Mr. 8, Clause 3 of the United States Constitution. H.R. 3395: Mr. JONES and Mr. GUTHRIE. DEUTCH. f H.R. 3458: Mr. CANSECO and Mr. LATHAM. H.R. 6085: Mr. LANCE. H.R. 3496: Mrs. CAPPS and Mr. BLU- H.R. 6089: Mr. BISHOP of Utah. ADDITIONAL SPONSORS MENAUER. H.R. 6094: Mr. GALLEGLY. Under clause 7 of rule XII, sponsors H.R. 3526: Mr. DOLD and Mrs. LOWEY. H.R. 6097: Mr. CRAVAACK, Mr. BOUSTANY, H.R. 3612: Ms. ROS-LEHTINEN. Mr. CONAWAY, Mr. CARTER, Mr. BARLETTA, were added to public bills and resolu- H.R. 3634: Mr. UPTON, Mr. MULVANEY, Mr. Mr. RIVERA, Mr. CASSIDY, Mrs. BACHMANN, tions as follows: WALBERG, and Mr. WALSH of Illinois. and Mr. STEARNS. H.R. 178: Mr. AKIN. H.R. 3658: Mr. SHIMKUS. H.J. Res. 111: Mr. HIMES and Mr. FILNER. H.R. 210: Mr. CONYERS and Mr. SABLAN. H.R. 3761: Ms. SCHAKOWSKY. H. Con. Res. 116: Mrs. NOEM, Ms. MCCOL- H.R. 303: Mr. YODER and Mr. AKIN. H.R. 3767: Mrs. NAPOLITANO and Mr. HIMES. LUM, Mr. SCHOCK, Mr. MARINO, and Mr. H.R. 451: Mr. AUSTIN SCOTT of Georgia and H.R. 3783: Mr. FITZPATRICK. LATHAM. Mr. CARSON of Indiana. H.R. 3798: Mr. SCOTT of Virginia, Ms. TSON- H. Con. Res. 129: Mr. RUNYAN. H.R. 459: Ms. HAYWORTH. GAS, Ms. BASS of California, Ms. LORETTA H. Res. 134: Mr. SCALISE. H.R. 546: Mr. WOMACK. SANCHEZ of California, and Mr. PASTOR of Ar- H. Res. 397: Mr. JACKSON of Illinois. H.R. 631: Mr. LARSEN of Washington. izona. H. Res. 484: Mr. JONES. H.R. 733: Mr. GUINTA, Mr. CRITZ, and Mr. H.R. 3821: Mr. LEWIS of Georgia. H. Res. 618: Mr. HALL, Mr. PASCRELL, and RIBBLE. H.R. 3861: Mr. UPTON. Mr. CONNOLLY of Virginia. H.R. 735: Mr. LANKFORD. H.R. 3862: Mrs. BLACK. H. Res. 652: Ms. MCCOLLUM and Mr. H.R. 835: Mr. LATHAM. H.R. 3877: Ms. HAYWORTH. BUTTERFIELD. H.R. 860: Mr. BACHUS. H.R. 4035: Mr. PASCRELL. H. Res. 672: Ms. HIRONO. H.R. 890: Mr. FINCHER and Mr. RENACCI. H.R. 4055: Mr. KILDEE and Mr. LIPINSKI. H. Res. 695: Mr. COFFMAN of Colorado. H.R. 904: Mr. OWENS. H.R. 4066: Ms. SLAUGHTER. H. Res. 705: Mr. GENE GREEN of Texas, Mr. H.R. 905: Mr. BARROW, Mrs. CAPPS, and Mr. H.R. 4078: Mrs. BLACK. MICHAUD, Mr. CLARKE of Michigan, Mr. LARSEN of Washington. H.R. 4100: Ms. HANABUSA. CICILLINE, and Mr. MURPHY of Pennsylvania. H.R. 998: Mr. KIND. H.R. 4122: Mr. TIERNEY. H. Res. 709: Mr. DINGELL. H.R. 1006: Mr. SHIMKUS. H.R. 4169: Ms. BONAMICI. H. Res. 714: Mr. FALEOMAVAEGA, Mr. FARR, H.R. 1044: Mrs. ROBY. H.R. 4221: Mr. SCHOCK. Mr. LEVIN, and Mr. STARK. H.R. 1063: Mr. YOUNG of Indiana. H.R. 4235: Mr. STIVERS and Mr. RENACCI. H.R. 1111: Mr. GRAVES of Georgia, Mr. H.R. 4248: Mr. CONNOLLY of Virginia. f MULVANEY, Mr. POSEY, and Mr. WALSH of Il- H.R. 4271: Mr. HASTINGS of Florida. linois. H.R. 4318: Mrs. MALONEY. CONGRESSIONAL EARMARKS, LIM- H.R. 1236: Ms. HAYWORTH and Mr. CREN- H.R. 4336: Ms. HERRERA BEUTLER. ITED TAX BENEFITS, OR LIM- SHAW. H.R. 4344: Mr. COHEN. ITED TARIFF BENEFITS H.R. 1244: Mr. HECK. H.R. 4720: Mr. BISHOP of New York. Under clause 9 of rule XXI, lists or H.R. 1307: Mr. MCKEON. H.R. 4965: Mr. BACHUS. statements on congressional earmarks, H.R. 1370: Mr. BILIRAKIS. H.R. 5381: Mr. WALSH of Illinois and Mr. H.R. 1410: Mr. OLSON. GARDNER. limited tax benefits, or limited tariff H.R. 1449: Ms. DEGETTE. H.R. 5542: Mr. LATOURETTE, Mr. PALLONE, benefits were submitted as follows: H.R. 1464: Mr. MILLER of Florida. and Ms. HOCHUL. The amendment to be offered by Rep- H.R. 1478: Mr. NEAL. H.R. 5647: Mr. FRANK of Massachusetts, Mr. resentative TONKO, or a designee, to H.R. H.R. 1546: Ms. CHU. HOLT, Ms. BASS of California, Mr. BLU- 4402, the National Strategic and Critical H.R. 1592: Mr. FITZPATRICK. MENAUER, Mr. GUTIERREZ, Mr. HIMES, and Ms. Minerals Production Act of 2012, does not H.R. 1672: Mr. HIMES, Ms. DELAURO, Ms. BORDALLO. contain any congressional earmarks, limited NORTON, Mr. LOBIONDO, Mr. LARSON of Con- H.R. 5713: Mr. MCINTYRE. tax benefits, or limited tariff benefits as de- necticut, and Mr. BOSWELL. H.R. 5816: Mr. LARSEN of Washington. fined in clause 9 of rule XXI.

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Vol. 158 WASHINGTON, WEDNESDAY, JULY 11, 2012 No. 103 Senate The Senate met at 9:30 a.m. and was appoint the Honorable KIRSTEN E. GILLI- TAX CUTS called to order by the Honorable BRAND, a Senator from the State of New Mr. REID. Madam President, over KIRSTEN E. GILLIBRAND, a Senator from York, to perform the duties of the Chair. the last few years Americans who are the State of New York. DANIEL K. INOUYE, very wealthy have taken home a great- President pro tempore. er share of the Nation’s income since PRAYER Mrs. GILLIBRAND thereupon as- the 1920s. That is 90 years. A larger per- sumed the chair as Acting President The Chaplain, Dr. Barry C. Black, of- centage of what is out there the rich pro tempore. fered the following prayer. are getting. The rich are getting richer Let us pray. f and the poor are being squeezed, as are Lord, You illuminate our lives with RECOGNITION OF THE MAJORITY the middle class. The rich are doing Your presence and protect us from dan- LEADER well. ger. You keep us from stumbling and The ACTING PRESIDENT pro tem- But while the bank accounts of a few falling. In the fret and fever of these pore. The majority leader is recog- fortunate Americans have grown, their challenging times, thank You for this nized. tax bills have not. The wealthiest quiet moment when we can lift our Americans now pay the lowest tax hearts to You. Today, make the high- f rates in more than 50 years. est incentive of our Senators be not to SMALL BUSINESS JOBS AND TAX While this generous Tax Code has win over one another but to win with RELIEF ACT—MOTION TO PROCEED been good for their bottom lines, it one another by doing Your will for all. Mr. REID. Madam President, what is hasn’t been good for America’s bottom Lord, make them faithful agents who the matter now before the Senate? line. Hundreds of billions of dollars in are determined to bring Your purposes The ACTING PRESIDENT pro tem- tax cuts—some say more than $1 tril- to pass. Correct their mistakes, redeem pore. The motion to proceed to S. 2237. lion—have been handed out dispropor- their failures, confirm their right ac- SCHEDULE tionately to the rich by the previous tions, and crown their day with the Mr. REID. Madam President, the administration, fueling skyrocketing blessing of Your approval. next hour will be equally divided be- deficits and a growing national debt. We pray in Your loving Name. Amen. tween the two leaders or their des- Democrats and Republicans alike f ignees. The Republicans will control agree that we have to reduce the def- icit and rein in the debt. Unfortu- PLEDGE OF ALLEGIANCE the first half, the majority will control the final half. nately, the same Republicans who say The Honorable KIRSTEN E. GILLI- We are hopeful we will be able to we have to get our fiscal house in order BRAND, a Senator from the State of agree to the motion to proceed to S. also claim millionaires and billionaires New York, led the Pledge of Alle- 2237, the Small Business Jobs and Tax cannot afford to contribute even a tiny giance, as follows: Relief Act, today. bit more and share the effort that is I pledge allegiance to the Flag of the MEASURE PLACED ON THE CALENDAR—S. 3369 before this country. United States of America, and to the Repub- Mr. REID. Madam President, I am These same Republicans say multi- lic for which it stands, one nation under God, millionaires such as Mitt Romney need indivisible, with liberty and justice for all. told that S. 3369 is at the desk and due for a second reading. lower taxes—even lower than the only f The ACTING PRESIDENT pro tem- tax return we have been able to see of APPOINTMENT OF ACTING pore. The clerk will report the bill by Governor Romney, which showed his PRESIDENT PRO TEMPORE title for the second time. rate at 16 percent. We don’t know what is in the other tax returns he should The PRESIDING OFFICER. The The legislative clerk read as follows: have made public. Tax returns were clerk will please read a communication A bill (S. 3369) to amend the Federal Elec- made public by his father, who started to the Senate from the President pro tion Campaign Act of 1971 to provide for ad- ditional disclosure requirements for corpora- it, and everyone who has run for Presi- tempore (Mr. INOUYE). tions, labor organizations, super PACs, and dent since then has followed him. The legislative clerk read the fol- other entities, and for other purposes. George Romney set an example that lowing letter: Mr. REID. I object to any further his son should follow. We want to know U.S. SENATE, proceedings with respect to this bill at what is in those tax returns he refuses PRESIDENT PRO TEMPORE, Washington, DC, July 11, 2012. this time. to show the American public. Did he To the Senate: The ACTING PRESIDENT pro tem- pay any taxes? Under the provisions of rule I, paragraph 3, pore. Objection is heard. The bill will Well, I suggest to everybody that of the Standing Rules of the Senate, I hereby be placed on the calendar. Mitt Romney doesn’t need another tax

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

S4835

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VerDate Mar 15 2010 00:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A11JY6.000 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4836 CONGRESSIONAL RECORD — SENATE July 11, 2012 break. In fact, he has so much money stopping us from doing what is right The Senate should make itself clear that he doesn’t even know where it is and doing it now? I hope it won’t be which policy it supports, and this is all located—Switzerland, Cayman Is- more Republican hostage-taking on be- our chance to do it. lands, Bermuda? No wonder he doesn’t half of the top 2 percent. On Monday, the President said if the want America to see his tax returns. RECOGNITION OF THE MINORITY LEADER Senate passes this tax hike on small Mitt Romney is doing fine, and so are The ACTING PRESIDENT pro tem- businesses, he would sign it right away. the other millionaires and billionaires. pore. The Republican leader is recog- That is what he said 2 days ago, on It is the middle class I am worried nized. Monday. I can’t see why our friends on about, not the very wealthy. RAISING TAXES the other side would not want to give We all know times have been tough Mr. MCCONNELL. Madam President, him the chance. the last few years for ordinary Ameri- earlier this week President Obama re- With that, I ask unanimous consent cans who are struggling to keep a roof iterated his desire to raise taxes on that at 2 p.m. today the motion to pro- over their head and food on the table. small businesses earning over $250,000 a ceed to S. 2237 be adopted, and that the That is the literal truth. The last thing year. I and all of my Republican col- first two amendments in order to the they can afford now is a tax increase. leagues oppose this tax hike for the bill be the Hatch-McConnell amend- That is why Democrats want to keep same reason the President himself op- ment No. 2491, which would provide for taxes low for 98 percent of Americans, posed it 2 years ago—because raising the extension of current rates while we including almost 98 percent of small taxes would only make a bad economy work on tax reform, and a Reid or des- businesses—everyone making less than worse. ignee amendment to enact the Presi- $250,000 a year. But while Democrats But here it comes again—sort of like dent’s proposal, which, as I have said, are focused on how we can help 98 per- a bad penny—the liberal crusade for would impose job-killing tax hikes on cent of Americans, Republicans are fo- more government, regardless of the cir- nearly 1 million businessowners. cused on how they can help Mitt Rom- cumstances, the impact it would have The ACTING PRESIDENT pro tem- ney and the rest of the top 2 percent. on working Americans or the broader pore. Is there objection? They are willing to hold tax cuts for economy. Mr. REID. Madam President, reserv- everyone hostage to protect tax breaks On Monday the President issued the ing the right to object, we have been for that top 2 percent. following reckless ultimatum: Let me here before. We try to legislate here, Democrats don’t agree the top 2 per- raise taxes on about 1 million business and the program of the Republicans in cent of wage earners can’t afford to pay owners, and I promise I won’t raise the Senate has been to divert, deny, the same tax rate they paid when Bill taxes on everybody else. and obstruct. Clinton was President. Remember, that In the face of 41 straight months of I asked the Chair when we started was when the budget was balanced and unemployment above 8 percent, the what we were doing here, and we are on we were paying down the debt. Some President is begging Congress to let a small business jobs bill. It is ex- claimed they were paying down the him raise taxes on the very businesses tremely important legislation. It would debt too quickly. The years of the Bush the American people are counting on to give small businesses across America— administration took care of that, when create jobs. small businesses with less than 500 em- the $7 trillion surplus over 10 years was It is the exact opposite, of course, of ployees—and that is where most jobs wiped out. what is needed. For some reason, he are created—a 10-percent tax credit for Still we are willing to debate that thinks a tax hike is his ticket to re- hiring more people, and it would also with our Republican colleagues, and we election. He says it is fair. give them the ability, this year, to pur- are willing to discuss it reasonably. Well, I don’t think most Americans chase equipment and write that off. It But we don’t believe middle-class fami- think it is particularly fair for a gov- would be great for the economy. lies should wait and wonder, watch and ernment that doesn’t do a thing to live We are told by outside experts that it worry whether their taxes are about to within its means to take more money would create about a million jobs. go up while Congress has that con- away from those who have worked and What we have before us is something versation. We should not wait until the sacrificed to earn it, only to waste it that the Republicans in the House have last second to act. on some solar company or on one more sent us. It is their version of this. It is Here is what one major newspaper government program we can’t afford. the ‘‘help Paris Hilton’’ legislation. It wrote yesterday about the need to act: We have seen this movie too many would give people like her a tax break The majority of Americans, and the broad- times in the past. Frankly, we don’t for doing nothing—$46 billion of the er economy, should not be held hostage have the luxury to waste any more American people’s money to help Paris again to another debate over the merits of time arguing about a question that is Hilton and others. It would give people tax cuts for the wealthy. . . . There will already settled for most people. The a tax break for doing nothing—noth- never be consensus for solving our nation’s problem here isn’t that the government ing. And for my friend the Republican budget problems without first ending the taxes too little but that it spends too leader to talk about small businesses lavish tax breaks at the top. much. being hurt with the proposal of the I call on my Republican colleagues to What the American people need right President—that is not true. As I said in help us give 98 percent of American now isn’t a lecture on fairness; they my opening statement, 98 percent of families the certainty and the security would like to have some certainty. the American people would have the they need, and to do it now, right That is why today I am going to call on benefit of that tax benefit, and 971⁄2 per- away. I call on them to help us pass a the Senate to provide just that. I have cent of small businesses would benefit. tax cut that will benefit the middle already called for a 1-year extension of So we are in the situation where my class without bankrupting our Nation. all the current income tax rates. friend talks about the fact that we It is time we faced facts. If we are se- Today I will go further by asking have not had enough job creation, and rious about reducing the deficit, we consent that we set up two votes in the I acknowledge that. Certainly that is cannot keep handing out more tax Senate: one on the President’s proposal true, and the President acknowledges breaks to the richest of the rich. We to raise taxes on nearly 1 million busi- that. But you see, we have kind of a will have to make difficult decisions ness owners in the middle of the worst hole to pull ourselves out of. During about where to cut and invest to keep economic recovery in modern times, the prior 8 years, 8 million-plus jobs our Nation strong. and another that would extend current were lost, and we have filled that hole But whether we keep taxes low for income tax rates for 1 year and task more than halfway, with 41⁄2 million middle-class families should not be one the Finance Committee to produce a new jobs being created. We have had 28 of the difficult decisions we make. I bill that would enact fundamental, months of private sector job growth— haven’t heard one person—Democrat, progrowth tax reform. 28 months in a row. So we are making Republican, or Independent—say we It has been over a quarter century progress, but we have a long way to go. should raise taxes on middle-class fam- since we last did comprehensive tax re- Madam President, I object. ilies. This is an area where we can eas- form. We all agree, on a bipartisan The ACTING PRESIDENT pro tem- ily find common ground. So what is basis, that we need to do it again. pore. Objection is heard.

VerDate Mar 15 2010 00:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.006 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4837 The Republican leader. businesses—across America today a tax leadership on the Finance Committee. Mr. MCCONNELL. Let me simplify credit for hiring more people and allow We are looking to him to work us this for everybody. On Monday the them to write off what they purchase, through this comprehensive tax reform President asked that we have the vote which would create more jobs. matter again next year. It is going to I have just offered to the majority. We So we have here a big Las Vegas neon be extremely important for the coun- have a clear contrast here. We have 41 sign flashing on and off saying: Grover try, and I thank him for his good work. straight months of unemployment over Norquist has won again. The ACTING PRESIDENT pro tem- 8 percent. If this is a recovery, it is the To the people out there watching pore. The majority leader. most tepid recovery in modern times. who might be wondering who Grover Mr. REID. Madam President, when I The President’s solution to that is to Norquist is, remember, he is this guy came here this morning—I repeat for raise taxes on about 1 million small who goes to the Republicans and asks the third time—I asked what the busi- business owners, representing about 53 if they would be kind enough to sign a ness was before this body. It is the percent of small business income and pledge for him that does what he wants small business jobs bill. Of course, up to 25 percent of the workforce. them to do and not what the American there has been a direct attack on that We are on a different bill that my people want, which is that they will legislation by saying: Let’s do some- friend the majority leader is talking not tax the rich at all, not even a tiny thing else. Let’s not do this right now. about, that I understand would be bit. He says: Sign this pledge, will you? Let’s do something else. slipped by the House in any event. Of course they all sign. But the Amer- I understand the definition of a fili- Clearly, what we are doing this week is ican people—Democrats, Independents, buster. I understand it very clearly— having a political discussion, not seri- and Republicans—agree that the rich- from the Dutch, a ‘‘free booter,’’ one of ously legislating. So my recommenda- est of the rich should pay a little bit a class of piratical adventurers who pil- tion is that we give the President what more. laged the Spanish colonies in the West he asked for. He wants to have a vote But we are now involved in a fili- Indies during the 17th century; one who on raising taxes on individuals making buster to divert attention away from engages in unauthorized and irregular over $250,000 a year, which, of course, an important piece of legislation. Let’s warfare against a foreign state. They includes almost 1 million small busi- pass this legislation. We will have this go on to say, in the United States, to nesses that pay taxes as individuals, tax debate. We will be happy to do obstruct progress in a legislative as- not as corporations—they are either S that, but let’s get this done first. As sembly; to practice obstructionism. corps or LLCs—the most successful most people know, I appreciate my Yes, they are trying to, as the ‘‘free small businesses in America, in fact. friend the Republican leader. I know he booters’’ here, steal legislation and That is a vote we welcome. It is a vote has a job to do. But let’s get away from move to something else. They will do the President is asking for, and it is a this pledge, and let’s start legislating anything they can, as my friend the vote I just asked for. and not have to break filibusters on Republican leader said at the beginning Senator HATCH, our leader on the Fi- virtually everything we do. of this Congress, to divert attention nance Committee, here on the floor The ACTING PRESIDENT pro tem- from the fact that President Obama right behind me today, has advocated pore. The Republican leader. should be reelected. that we extend the current tax rates Mr. MCCONNELL. Madam President, Madam President, I will end this de- for 1 year—the same thing the Presi- I think we have witnessed here a new bate soon. There will be other times to dent, I would say to my friend from definition of a filibuster. My good do this. But if Governor Romney came Utah, wanted to do 2 years ago, at that friend the majority leader, I gather, is before this body to be a Cabinet officer, time arguing it would be bad for the accusing me of filibustering when I am he couldn’t get approved. He won’t economy not to do that. And the trying to get a vote—not one but two show anybody his income tax returns. growth then was actually better than votes—on what he says he is for, what So if he doesn’t qualify to be a Cabinet it is now. We think we ought to vote on the President says he is for, and a vote officer, how could he qualify to be that. It would give Senator HATCH and on what Republicans are for. So we President? So let’s debate the issues Senator BAUCUS and the people on the have here a brandnew definition of a before us. We will get to the tax issues, Finance Committee a year to work us filibuster. Even when you are trying to and that way we will be able to talk in through comprehensive tax reform. get votes and they are objected to by more detail about Governor Romney’s Again, it has been a quarter of a cen- the other side, somehow that is a fili- taxes. But right now, before this body tury since we have done that. buster. is the small business jobs bill. Why not have those votes today? Now, my good friend talks about RESERVATION OF LEADER TIME That is what my consent agreement is what would help small businesses. I The ACTING PRESIDENT pro tem- about. I am a little surprised we are think we ought to ask them would they pore. Under the previous order, the not willing to give the President what prefer the underlying bill, which the leadership time is reserved. he asked for, which is a vote on a clear majority leader has called up and we ORDER OF BUSINESS distinction for the American people so have voted to proceed to, or would they Under the previous order, the fol- they can understand how the two sides prefer not to have their taxes go up at lowing hour will be equally divided and look at this important issue. It could the end of the year? Talk about a no- controlled between the two leaders or not be more clear. brainer. I don’t think there is any their designees, with the Republicans Madam President, I yield the floor. question what small businesses would controlling the first half and the ma- The ACTING PRESIDENT pro tem- rather have. jority controlling the final half. pore. The majority leader. But we are certainly not filibus- The Senator from Utah. Mr. REID. Madam President, the tering. We enjoy discussing our dif- TAX CUTS American people are seeing again— ferences of opinion on the tax issue. Mr. HATCH. Madam President, this again and again and again—the scores There couldn’t be anything more im- is really an amazing moment, as far as of times during the last 18 months that portant to the American people if we I can see. Sometimes, for those watch- we have engaged in a filibuster. As I are going to get this economy going ing on C–SPAN, the Senate, with its said earlier, it is a way to divert atten- again. And certainly trying to set up unique rulings, can seem like a pretty tion from what we are doing today—to two votes—No. 1 on what the President arcane place. The impact of unanimous obstruct. As is indicated in the Oxford is asking for and No. 2 on what Repub- consent requests is not something ordi- English Dictionary, a filibuster is an licans think is a better alternative— nary folks talk about, so let me put act which obstructs progress in a legis- could not, in my view, be the definition this in plain English. lative assembly; to practice obstruc- of a filibuster. The Senate’s Republican leader has tion. That is what is going on today. So Senator HATCH is here—and obvi- just made a remarkable offer to our Now, why shouldn’t we pass this bill ously the majority leader can speak friends on the other side, the Demo- that is before the body today? It would again if he wishes—and he is going to crats. We hear all the time from the create 1 million jobs and give small address the matter as well, but I wish left that Republicans refuse to do any- businesses—not Paris Hilton but small to thank him again for his conspicuous thing in the Senate, which certainly is

VerDate Mar 15 2010 00:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.007 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4838 CONGRESSIONAL RECORD — SENATE July 11, 2012 mind-boggling. Remember this episode the certainty to small businesses and in excess of 8 percent. We don’t need a the next time you hear that. My friend families that is necessary for long- sophisticated poll to figure out how and colleague, the Senator from Ken- term planning and investment. If a popular this policy is in swing States tucky and the Republican leader, small business does not know what its or with Independents. Just look at MITCH MCCONNELL, presented this body tax bill is going to be next year, it is what happened this morning. Repub- with an opportunity to take a stand, to not going to be doing any hiring. We licans offered a vote on the President’s take a vote—two votes, as a matter of all understand that. So it is not sur- plan, and Democrats balked at the op- fact—to show the American people our prising to me, with next year’s tax portunity. cards on the most important issue fac- rates up in the air, that we just saw the Democrats are filibustering Presi- ing this country: the coming fiscal worst quarter of hiring in over 2 years. dent Obama’s signature domestic pol- cliff. In exchange for a vote on the But in the interest of preventing a icy—a bill to increase taxes—and they amendment I introduced to extend all tax increase that would further hamper are doing so because many members of of the 2001 and 2003 tax relief for 1 year, the economy, I am willing to set aside their own conference know that a vote the Republican leader agreed to a vote the virtue of permanency for the time for these tax increases would sink on the President’s counteroffer that being. them back home. They know that. would increase taxes on families and My amendment would just extend the This is a pathetic spectacle made small businesses. You heard that right. 2001 and 2003 tax relief for 1 year, and even more so by the fact that time is The Republican leader offered a vote during that year we would work on running short, the fiscal cliff is ap- on President Obama’s plan to raise doing what is right with regard to tax proaching, and families and businesses taxes, and the Democratic leader re- reform. need to know what their tax rates will jected this offer. That is mind-boggling The amendment I have filed with my be next year. To date, the Senate’s to me. Senate Democratic leadership friend, the Republican leader, is in Democratic leadership has done abso- turned down an opportunity to vote on itself a compromise, but we have of- lutely nothing to provide that cer- President Obama’s tax increase bill— fered a further compromise. Fair is tainty. It is disgraceful what we are the bill he insists is the only accept- fair. We have our proposal: We want to witnessing this morning. We need to able way to address the fiscal cliff. keep taxes low for all Americans, par- put politics aside and have these votes. After today, all of the President’s ticularly with our economy on the I would renew the Republican lead- surrogates, if they are honest, will ropes. And the President has his pro- er’s unanimous request and ask that we have to rewrite their talking points posal: He wants to raise taxes on small immediately proceed to debate and about the do-nothing Republicans in businesses, even as the prospects for votes on my amendment to extend tax the Senate. Senate Democratic leader- economic growth and job creation look relief to all Americans and on the ship is effectively filibustering—and increasingly bleak. President’s tax increase plan. Presi- that is the real use of the term—Presi- So let’s have these votes. Let’s get it dent Obama seems to think he has a dent Obama’s tax increase bill. Did ev- on the record. Our constituents sent us winning issue. It might be good for eryone out there hear that? They are here to make hard choices. It is time to him, but delaying resolution of these tax rates is putting partisan goals filibustering their own bill by not put our money where our mouth is. ahead of the common good. The Amer- agreeing to equivalent votes here. If the President and his party think So what does that tell us? Here is it is morally reprehensible to extend ican people deserve better than this. What is mind-boggling to me is for what it tells us. It tells us that the all of the 2001 and 2003 tax relief, then our leader to tie up the parliamentary President’s tax increase plan is not they should vote against it. If they tree so no real amendments can be just an economic disaster, it is a polit- think raising taxes is the way to go, voted on. And we offer him a vote on ical loser, and they know it. It tells us then vote for the President’s plan. the President’s proposal and he accuses that in spite of all the big talk from I wish I could say I was shocked, but us of filibustering when he refuses to the President’s Chicago reelection this is just par for the course. We have allow that vote? Before that we would campaign about evil Republicans who been watching this now for a couple of like to have a vote on our proposal for years. want to extend all of the 2001 and 2003 the 2001 and 2003 tax relief that we I know the hand-wringing Wash- tax relief, vulnerable Members of the know needs to be effectuated. Then ington pundits like to blame Repub- Senate’s Democratic conference do not what really boggled my mind is when licans for the lack of progress on the want to be anywhere near the Presi- the leader talked in terms of the Re- fiscal cliff, but this episode should dent’s tax increase alternative. To bor- publicans are filibustering? Give me a show, once and for all, what a fiction row from the film ‘‘Top Gun,’’ the break. President’s campaign is writing checks that is. Republicans are ready to act. We have asked for two major votes: that Senate Democrats can’t cash or, We are ready to vote. We can vote on one on the President’s own proposal as we westerners like to say, the Presi- my amendment to extend tax relief to and the other on my proposal to extend dent is all hat and no cattle. He is tip- all Americans and on the President’s those tax cuts for 1 more year, during ping his tax increase Stetson, but he proposal to deny that tax relief to which time both sides should come to- doesn’t have enough of a herd in the small businesses. We can do what our gether, work together, compromise to- Senate to follow him. constituents sent us here to do—we can gether, and come up with a new re- Keep in mind that the Democratic vote and let the better plan win. But formed Tax Code that doesn’t continue leadership is not just filibustering the the Democratic leadership, fearful of to eat us alive. President’s tax increase proposal, that the embarrassing reality that their I am absolutely amazed by what hap- leadership is also filibustering my tax own conference has serious reserva- pened this morning. relief proposal as well. And I suspect tions about the President’s tax-hiking With that, I yield the floor. they are filibustering this amendment agenda, is now filibustering their own The ACTING PRESIDENT pro tem- because they are afraid it would pass. bill, and they are now filibustering pore. The Senator from Indiana. Forty Democrats in this Chamber sup- President Obama’s signature tax pol- Mr. COATS. Madam President, I ported the extension of the 2001 and icy. came down to the floor early to line up 2003 tax relief in 2010—40 Democrats— Those who continue to talk about the in the queue to talk about taxes and and they would probably do so again if President’s reelection prospects in the proposal that has just been dis- they had a chance, so the Democratic glowing terms need to reevaluate that cussed. leadership has decided to deny them fairly. President Obama thinks the I sat here in amazement as the Sen- that chance. ticket to his reelection runs through ator from Utah has just expressed, and The President is asking for com- tax hike valley. He is going to succeed as the minority leader expressed the promise. Well, he is looking at it. As where Walter Mondale failed. redefinition of ‘‘filibuster.’’ It was a the ranking member on the Senate Fi- President Obama’s signature eco- tortured effort on the part of the ma- nance Committee, I have deep reserva- nomic policy is a promise to raise taxes jority leader to try to redefine it in a tions about temporary tax policies. on job creators when we are facing the way that had just the opposite effect of Temporary tax policy does not provide 40th straight month of unemployment what a filibuster really is.

VerDate Mar 15 2010 00:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.008 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4839 I wish the majority leader had been posal that would give us 1 year to put no wonder they are disgusted with Con- at our caucus luncheon yesterday when together a comprehensive tax reform gress. It is 10:00 in the morning when we debated whether we would vote package. The last one occurred in 1986, we are talking about this. If they get a against the cloture motion to proceed so long past time we overhaul the Tax fair treatment in the press over what on this bill. The consent of our caucus Code. With all the credits and subsidies happened this morning, they will fully was, no; we welcome a debate on taxes. and additions and addendums to the easily grasp and understand that what We welcome the opportunity to move current Tax Code, it is complex beyond was proposed by the Republicans was forward and discuss our two visions of anybody’s ability to fully understand. nothing but fairness, and what was pro- how we need to revive this economy. And it isn’t fair. It favors some at the posed by the other party was nothing So let’s not use parliamentary tricks expense of the many. In many cases, but unfairness. or a parliamentary procedure to avoid there are special credits and tax breaks What could be more fair than giving that debate and to avoid a vote on the that go to a single industry. So we each side, in a divided vision of how we President’s proposal. We realized there need much more fairness across the should go forward, their opportunity to was the opportunity for the majority board, and that is what Senator WYDEN debate what they believe in and to call leader to use parliamentary tricks and and I attempt to do in our proposal. a vote for it? Particularly from the procedures in order to deny us the op- The word ‘‘fairness’’ is thrown party that has the votes to win and the portunity to offer our own version of around here as a condemnation on the party that has the votes not to win, what we thought we should do with our Republican Party’s ability to achieve why not have the vote? What have you Tax Code and provisions, particularly bipartisan consent, but if we want to got to lose? Unless you think you are as it reflects this particular tax on talk about fairness, let’s talk about going to lose your own people or not small business, but we welcome the op- what just happened here. It was immi- want to put them on the line for hav- portunity to come and debate that and nently fair for the minority leader to ing a yes or a no recorded clearly be- work through it and, hopefully, make offer the Democrats a vote on the fore the American people. an offer that is acceptable. President’s proposal. All we asked in I have diverted from what I was So the minority leader came down return was an opportunity to present, going to say this morning. I was just so here this morning and turned to the debate and vote on our proposal. amazed by what took place down here majority leader and said: We are going What is amazing is that the Demo- I could not help but comment on it. to give you your vote. We are not going cratic Party controls the Senate. They We will see how this all gets spun out to use parliamentary procedures to have the votes to pass the President’s by the White House. We will see what prevent you from having an oppor- proposal. So in the end, if they voted in is the next diversionary tactic they use tunity to vote on your proposal, the unison with the President, their pro- to stop us from talking about the No. 1, President’s proposal. posal wins. If we vote and we come up No. 2, and No. 3 issue facing this coun- By some tortured way of opposing short, we lose. try; that is, this anemic economy. this, the majority leader essentially Obviously, there must be a reason Eighty thousand jobs? Only eighty said: There you go again. Republicans they don’t want that vote. They don’t thousand jobs created in June. People are filibustering. I think we all just sat want an alternative presented to them say we are on the right track? That here with our mouths agape saying: because they must fear they would lose doesn’t even replace the number of peo- Have we missed something? We are of- votes on their side of the aisle for the ple who are retiring, let alone add new fering to give you your vote. President’s proposal, and we would jobs. How many college graduates this Now, it is clear this center aisle—not gain votes from them on our side. It spring are living in the basement of has happened in the past, and appar- completely—divides us in terms of how their parents’ home? That has hap- ently that is the decision they made. we think we should go forward in deal- pened now for more than 3 years. There But this torturous explanation of ing with this very sick and anemic how this could be a Republican fili- are millions, 12.7 million people who economy. There is probably pretty buster—if they can spin this one at the woke this morning with no job to go close to a consensus that tax reform White House and at the press con- to. There are many more who woke to needs to be an essential part of what ference today, or if they can spin this go to jobs far below their abilities or we need to do. through the press, they are not listen- training. So 80,000 jobs, let’s put this in In a bipartisan way, Senator RON ing or understanding what is actually perspective. It is far below what we WYDEN, a Democrat from Oregon, and going on here. need just to break even, just to give DAN COATS, a Republican from Indiana, What is going on here is a decided at- anybody a new shot and a new chance. 1 1 have been working for 1 ⁄2 years now on tempt by the majority leader to pro- We have had 3 ⁄2 years of the policies something that was started with Sen- tect his party from having to take a of this administration which have not ator Gregg, who is now retired from vote for or against. If the American improved the situation and, in fact, distinguished service in the Senate but people want anything out of this body, some have said are making it worse. worked with Senator WYDEN for 2 years and if they are disgusted with anything We all know we have come through a in putting a package together, a com- that comes out of this body, it is when tough time. We all know just sticking prehensive tax reform package. It is people go home and say: Well, we didn’t the blame against one side or the other the only plan out there that has been have a real vote on that. There was a is not the solution. The solution is to written, scored, and is available for de- procedural this or that and it got find how to put sensible policies in bate and available to the tax-writing stopped here or modified there or the place that will get this economy mov- committees to use as a basis—or foun- others tied up the legislative tree. ing again. One of those policies is com- dation or parts of it or all of it or What in the world does that mean to prehensive tax reform. whatever—in forming their own most people outside of this body? They Once again, I bring up the Wyden- version to bring forward. But there is a used some procedural way to avoid a Coats bill. It has been out there. It is bipartisan consensus that we ought to real vote. written. It is scored. It is available to move forward on comprehensive tax re- They want our yes to be yes and our take up right now if that were the case, form. no to be no, and we are offering to the but because the tax-writing commit- Senator HATCH, our Republican lead- Democratic leader that opportunity. tees have the jurisdictional right to er in the Finance Committee—which is Let your yes be yes and your no be no have a say and because it is a complex the committee responsible for writing on the specific bill before us, and then process, they would like some time to that bill—has said piecemeal is not the go home and explain to your people put it together. way to go. Anybody who has analyzed why you voted yes or why you voted The proposal of Senator HATCH, emi- our current situation understands that no. Then they can decide in this demo- nently fair, is to basically say let’s not comprehensive tax reform is the best cratic process whether they want to put a bandaid on the Tax Code now solution. But even Senator HATCH send you back or send somebody else with something that is not going to agreed, in this instance, given the situ- back for you. make much difference at all and, in ation we now face, he would accept The American people aren’t getting fact, we believe, will negatively impact going forward with a short-term pro- that kind of clarity right now, and it is small businesses around the country.

VerDate Mar 15 2010 00:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.012 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4840 CONGRESSIONAL RECORD — SENATE July 11, 2012 I had a small business group in my ingly, twisted way, he is saying Repub- speaking with is, in fact, deserving of office yesterday basically saying the licans are trying to prevent us from the medals and honors they received. President only talks about the middle going forward. It boggles the mind. It is clear this cause has momentum class. That is whom I hire, they say. I will stop with that and yield the and the Supreme Court decision has That is who is working in our business. floor. given many a sense of urgency and If they put a tax on me, the owner of The ACTING PRESIDENT pro tem- clarity. In fact, today I wrote Presi- the business, actually it is a tax on the pore. The Senator from Massachusetts. dent Obama to ask for his public en- business—the passthroughs, the non- STOLEN VALOR ACT OF 2011 dorsement of the bill, very similar to corporations that exist here where, Mr. BROWN of Massachusetts. the day he was walking up the aisle from a tax basis, everything flows Madam President, I have enjoyed the after the State of the Union and I said: through to that individual taxpayer. previous speaker. It was very inter- Mr. President, I have a bill on HARRY They say I am the guy who owns the esting. REID’s desk on insider trading. Let’s business. I am the guy who makes the I wish to shift gears and talk about get it out. He said: I will; I will get it decision on hiring. I am the guy who S. 1728, the Stolen Valor Act of 2011. As out. has to put the health care plan to- many know, the Supreme Court re- He can do the same here. He can give gether. I am the guy who hires the peo- cently struck down the Stolen Valor his public endorsement of this very im- ple and pays the people. If government Act of 2011 by saying that lying about portant bill, and I am hopeful the Com- taxes me more, I do not have the same military awards, records, and service is mander in Chief will lend his endorse- flexibility to hire, expand or buy equip- protected by our first amendment ment to this cause, to show leadership ment or expand my factory or hire rights. The Court has ruled. But let’s on this issue and give his blessing so more people. be clear, it is wrong and cowardly for we can actually get to work on legisla- Yes, the White House can go out and people to make fraudulent statements tion that will truly pass, I venture 99 spin it like I am a rich guy, but be- in order to receive distinctions they to 0, in this Chamber. His voice would cause I have chosen a certain way in have not earned. Let me say that join several military organizations order to form my business—not as a again. It is wrong and cowardly for that endorsed the Stolen Valor Act of corporation—I am taxed in an entirely people to make fraudulent statements 2011: the Military Officers Association different way than corporations. But if in order to receive distinctions they of America, the Association of the U.S. you go out and say we are giving the have not earned. Army, Military Order of the Purple middle class a break—and we are hurt- As a 32-year member of the Army Na- Heart, and the Iraq and Afghanistan ing the people who employ the middle tional Guard still serving, I feel very Veterans of America. As bipartisan support of this effort class and you are raising their taxes— strongly about this issue, and I believe grows, I ask my Senate colleagues who you are hurting the middle-class peo- we need a Federal law to punish those have not cosponsored the Stolen Valor ple. The very people the President says who seek to benefit from making false Act of 2011 to get on board. It is time. he is trying to protect, he is hurting by claims and steal the true valor of our It is time to send a very powerful mes- raising this tax. The President himself heroic men and women in uniform. My sage to the men and women who have said in his campaign and throughout bipartisan, bicameral Stolen Valor Act of 2011 reminds me of the bill we served with dignity and honor that we his Presidency: The worst thing you respect that service and we are tired of can do is raise any taxes during a time worked on, the insider trading bill. We have an opportunity once again to send the frauds who are out there perpe- of economic distress. trating fraud and wearing medals and I do not care if you are Paul a powerful message to the American receiving honors to which they are not Krugman or if you are the most con- people that in the middle of the grid- entitled. lock we can work together on some- servative economic analyst out there, If we choose to come together and thing that makes complete sense. It there is a widespread consensus that pass this legislation, we can respond the last thing you do is raise taxes at addresses the Supreme Court’s change immediately to the Supreme Court’s a time of a stagnant economy, a reces- by making a key change in order to ruling with the urgency this issue de- sionary economy. It is the last thing protect first amendment rights. It serves. It is very similar to how Sen- would punish individuals who delib- you do. ator MCCASKILL and I, in the middle of DAN COATS just said that, respected erately lie about their military service, the gridlock a couple years ago, passed economists on the left and right said their records or honors, with the inten- the Arlington Cemetery bill. We can do that, and even the President of the tion of obtaining anything of value. it with this legislation as well and send United States said that as a candidate The key term is ‘‘of value.’’ One ac- a message to the American people that and throughout his Presidency. In 2010, tually gets something of value as a re- we can work together and that unified the President said the last thing we sult of their misrepresentations. Again, message will protect the valor of our should do is raise any taxes. Now he the new Stolen Valor Act makes it a heroic veterans and servicemembers has turned around to say let’s tax up to Federal crime to lie about military who defend our freedom and serve our 1 million small businesses because ob- service in order to profit or benefit, country with the greatest of honor. viously they can spin that and play and that is the key distinction. I yield the floor. that in what sounds like a politically Yesterday, Congressman JOE HECK of The ACTING PRESIDENT pro tem- opportune way. Nevada and I—he is the lead sponsor in pore. The Senator from Texas. It is a direct contradiction coming the House version of the bill, I in the Mrs. HUTCHISON. Madam President, out of the mouth of the President, out Senate—held a press conference to I ask unanimous consent that I be al- of the mouths of others. It is simply an start a fresh campaign to pass the new lowed to speak for up to 10 minutes. election year political class division Stolen Valor Act. We had wonderful re- The ACTING PRESIDENT pro tem- ploy to divert from the miserable sults. Within a few hours of that press pore. Without objection, it is so or- record under this administration, in conference, we gained 27 new cospon- dered. terms of dealing with this economy. sors in the Senate, making a total of Mrs. HUTCHISON. Madam President, Frankly, if they know—we can hardly 29. I encourage the Presiding Officer I applaud the Senator from Massachu- conclude anything, but they just do not and others on her side of the aisle to setts for introducing the bill. He is try- know what they are doing. But even if get involved in this very real effort to ing to make a constitutional way so they know what they are doing, their help our heroes who have served legiti- those who have done the service for our policies have not worked. mately. Congressman HECK also has 67 country and earned the medals are as- Whether it is Republicans or Demo- bipartisan cosponsors in the House. sured that those medals mean some- crats, if they have done something for Also, yesterday, the Pentagon an- thing and cannot be in any way mis- 31⁄2 years and it has not worked, isn’t it nounced they will take a major step to represented without a consequence. I time to look at a different set of poli- deter con artists by establishing a thank the Senator from Massachusetts. cies? That is what we wanted to de- searchable database of military awards TAX POLICY bate, but the majority leader is not al- and medals to confirm, in fact, that the I rise to talk about this week’s issue, lowing us to debate. In some excruciat- person with whom one is dealing or which is taxes on our Nation’s small

VerDate Mar 15 2010 00:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.014 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4841 businesses. Small businesses are the enacted in 1969 to target a few hundred I would like to read a letter I re- economic engine of America. It is not millionaires in America to try to en- ceived in answer to a congratulatory big business. Jobs are created by small sure that those millionaires paid a tax. note I wrote to the former football businesses that grow and become me- Well, guess who qualifies next year if coach at Texas A&M, R.C. Slocum, who dium-size businesses. They are respon- we don’t do something. A single person is one of the finest men I have ever sible for driving most of the job growth making $33,750 and a married couple met. He is exactly what America is. He in this country. Fifty-five percent of earning $45,000 will be considered as was just inducted into the College private sector jobs are created by small not paying their fair share of taxes. Football Hall of Fame, and I congratu- business. Punishing them with new That is outrageous for this Congress to lated him sincerely because he is the taxes in a time of economic stagnation let that happen. We must work with kind of person we want coaching our is incomprehensible. It is incomprehen- the President to ensure that those young men in football. sible. steep tax increases do not take effect. Well, he wrote me back, and I am This tax that is suggested by the The tax increases, the astronomical going to read an excerpt from his let- President on those who make $200,000 debt we face, and the persistent high ter. He does the niceties of thanking to $250,000 or more will affect small unemployment rate have come to- me for writing him, and then he says: business, make no mistake about it. I gether to create a perfect recovery- I am really concerned that the America have been a small businessperson, and I killing storm. And if this weren’t that you and I grew up in is being attacked know if someone is paying all the ex- enough to send our economy into per- from within. Although I grew up in a poor penses they are paying, if they are manent hiding, we now have the dubi- family, I was taught that I was privileged be- taxed as an individual in their small ous honor of having the highest cor- cause I was born in America, the land of op- business, they are not going to be able porate tax rate in the world at 35 per- portunity. We did not begrudge the ‘‘rich’’ cent. We used to be second, but Japan but was encouraged that through hard work to hire new people—not with what is and education, some day we could be one of looming next year in increased taxes. had the good sense to lower its rate them. Thankfully, I was not taught that it Even the talk of it is part of the reason earlier this year, so now it is America was someone else’s fault that we were poor we have the stagnation we do. that holds that dubious honor. or that government would, or should, come Seventy-five percent of the small This is not a recipe for growth. Is it bail us out. We worked our own way out and businesses in our country pay taxes at any wonder that we have a recurring felt the great feeling of accomplishment that an individual rate. They are organized over 8 percent unemployment rate in goes with it. In my career as a coach, I en- as flowthrough businesses: Partner- this country? If we don’t do something couraged my players to try the formula I ships, S corporations, LLCs, and sole before the end of this year, those who was given. It still works and I am so proud of the young men that have dramatically proprietorships. Fifty-three percent of are employed are going to pay more taxes next year, and for those who are changed their lives, and with it the course of all flowthrough business income will be their families’ lives. subject to the top two individual in- not employed, it is going to be harder to find a job. So what is the answer? That is what America is, and that is come tax rate increases subject to take what we ought to be working to place in 2013. Even our talking about The answer, as we all know, is for this Congress and the President to do some- achieve. tax increases is on the minds of our I yield the floor. small businessespeople. It makes them thing before the election. Now, Senator REID has introduced a The ACTING PRESIDENT pro tem- very nervous. tax bill. It is a bill that will provide pore. The Senator from Colorado. We have an already uncertain envi- two temporary tax credits, but a 1-year ORDER OF PROCEDURE ronment. Hiring is stalled. We have temporary tax credit is really not Mr. UDALL of Colorado. Madam been strangling growth in our country enough. Many of us voted in support of President, I am here on the Senate and the hope of recovery is not there. the motion to proceed to this bill be- floor to highlight our country’s clean The first round of taxes in the health cause we would like something to start energy future. care law the President’s party and the with, and I hope the majority leader is Mrs. BOXER. Would the Senator President passed will kick in, in 2013. I going to allow amendments because yield for a unanimous consent regard- do not want to have to go back to the there are many amendments for us to ing time? small business owners whom I have try to cobble together a bill that will Mr. UDALL of Colorado. I would be just visited with last week all over my really make a difference in our econ- happy to yield. State and say: Yes, it is true. You are omy. So it is a start, and I am going to The ACTING PRESIDENT pro tem- going to have the taxes involved in the give the leader credit for that. pore. The Senator from California. health care plan that will take effect in A real long-term solution is what Mrs. BOXER. Madam President, I ask 2013 and your taxes are going up be- business is looking for. If we have a 1- unanimous consent that Senator cause you are going into a higher year tax credit, we are going to get a 1- UDALL proceed for 6 minutes, that I bracket, and if the President has his year plan, and a 1-year plan is not proceed for 12 minutes, and that Sen- way, the rates are going to increase going to encourage people to be hired. ator MANCHIN proceed for 12 minutes. too. That is not the message anyone in It is not going to encourage employers The ACTING PRESIDENT pro tem- this body should want to take back to when they see a 1-year plan and know pore. Is there objection? their home States and I do not want to that Congress is going to do what it Without objection, it is so ordered. go back to the hard-working employees has done so often; that is, get to the The Senator from Colorado. and customers and tell them the same last of the year and then cobble some- PRODUCTION TAX CREDIT thing because it will not be just small thing together that will perhaps last a Mr. UDALL of Colorado. Madam business owners caught in the net of year. Maybe it will be the same or President, I am here on the floor, as I higher taxes, every American is going maybe it won’t. That is not the way have been for a succession of morning to see their taxes increase if they are business works. They have to plan. speeches, to talk about the importance paying taxes today. They have to know what they are going of extending the tax credit for wind We have a cliff. Everyone around to have in the next 5 years in expenses power. If you look in every corner of here is talking about the fiscal cliff. It so they know what they can produce our great country, the production tax happens on December 31 of this year. and what they can charge. That is the credit has resulted in good-paying jobs Taxes will automatically go up on Jan- private sector. for Americans—jobs, I might add, that uary 1. Everybody will go into a higher We should be focusing on the under- can’t be exported overseas. bracket. We will lose the marriage pen- lying issue. It should be tax relief and I have taken a tour of the country. alty relief we have had. We are going to tax reform. We can alleviate the em- This morning I wish to highlight the see tax increases on the middle class, ployers’ conundrum and get them to beautiful State of South Carolina. and it is going to be steep. Approxi- start hiring if they know what to ex- South Carolina is one of the few mately 31 million Americans will be pect, and a 1-year fix will not do it. We States that do not have installed on- hit for the first time with the alter- need long-term tax reform, we need to shore wind power, but that has not native minimum tax. Most people address the looming debt, and we know stopped South Carolina from attract- know the alternative minimum tax was it. We know what the fiscal cliff is. ing literally dozens of manufacturers

VerDate Mar 15 2010 00:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.015 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4842 CONGRESSIONAL RECORD — SENATE July 11, 2012 that support 1,000 good-paying wind en- lina from global investors because they one period of time as we did then be- ergy jobs across the State. see the potential of what is going to cause it was a fair tax system. As we look at this chart of the State happen at Clemson. President Obama has asked us to give of South Carolina, we can see that the The point I want to make is that if a tax break to everyone on the first green circles acknowledge the manu- we don’t extend the wind tax credit, $250,000 of their income and after that facturing facilities that built compo- the PTC, then these wind manufactur- go back to the rates under Bill Clinton. nents for wind turbines. Nearly every ers may not have the wherewithal, That includes 97 percent of small busi- component in a wind turbine is built in frankly, to team up with Clemson, to ness owners. When we hear the Repub- South Carolina. commercialize the new technologies licans get up and say: Democrats want I wish to highlight Greenville, up that will be developed in South Caro- to hurt small businesses, Democrats here in the northwestern part of South lina, and then the jobs that follow want to hurt the job creators, our posi- Carolina. GE has a facility there, and won’t be created. That just doesn’t tion is that 97 percent of small business they have designed the 1.5-megawatt make sense. South Carolina and owners agree with the President—they wind turbine that is a hallmark of GE. Clemson are going to be global leaders should get a tax break. If you earn over That facility supports more than a in the development of these new tech- that $250,000, which is a few percent, dozen suppliers and hundreds of jobs nologies. pay the fair share that we paid during across the State. The question is, Where will these new the fabulous economic growth period One of the most exciting ventures turbines be built? I know, for one, that when Bill Clinton was the President. outside of manufacturing that is going the Chinese would be happy to step in Why do we feel it is important that on in South Carolina is the massive in- and take away our manufacturing jobs. we say 98 percent and not 100 percent of vestment that has been made in inno- But if we get our act together and ex- taxpayers? Because we have a deficit vation. In 2009 Clemson University won tend the PTC, then these wind turbines issue. We have a debt problem. We a $45 million grant from the American will be built here in America. They will want to get back to the days of bal- Recovery and Reinvestment Act and be built in South Carolina, they will be anced budgets, and we will get there, if the Department of Energy for the con- built in Colorado, and they will be everyone pays their fair share. struction of a brandnew facility that built in Pennsylvania. They will be So let’s be clear. All of those tears will be the largest wind turbine testing built all over our country in literally being shed on the other side are being facility in the world. In that facility, every corner. But if we let the PTC ex- shed for people such as Donald Trump. they will test cutting-edge drivetrain pire, we risk shipping this industry and Isn’t it unfortunate that a man such as technologies for the next generation of our good-paying jobs overseas. Donald Trump, who was able to catch wind turbines. Coloradans keep telling me—and I the dream to the ultimate—and all Now, South Carolina has doubled know in the Presiding Officer’s home right, we want that for everyone—has down on that support of wind innova- State as well—that there is no reason to pay just a little bit more? At a time tion. The university donors and other to outsource these jobs. There is no when people are taking their money partners have joined Clemson and have reason to outsource energy production, out of this country and putting it in come up with another $53 million to and there is no reason to handicap a Swiss bank accounts and Bermuda ac- supplement the $45 million that came growing industry that has helped make counts and accounts in the Cayman Is- through the Recovery Act. That is $98 us and our country more energy inde- lands, it is time for everyone to have a million that will be an investment in pendent. Let’s pass the extension of the little patriotism here. We have to have South Carolina’s economy and in our PTC today. Let’s create jobs today. the greatest country in this world, and wind energy future. Let’s build this clean energy economy. that means the strongest military in So not only will there be good-paying Let’s pursue an all-of-the-above strat- the world; that means the best roads jobs created at this wind turbine egy. Let’s do it here in the United and bridges in the world; that means a drivetrain testing facility, but this fa- States, and let’s do it now. strong education system. We want to cility will be a global leader in devel- Madam President, thank you for wipe out cancer, AIDS, and Alz- oping wind turbines capable of 3 to 10 your attention and your interest. heimer’s. That means a strong medical times as much power as wind turbines I yield the floor. research system. We need everyone in today. I was under the impression that The ACTING PRESIDENT pro tem- America to do their part. wind turbine technology had matured pore. The Senator from California. My dad was a CPA. We were very and that we had wrung out every elec- Mrs. BOXER. Madam President, was middle class—lower middle class, I tron possible. I have been told we can there any time remaining for Senator would say. I started working in little increase the yields by 3 to 10 times UDALL? jobs when I was 16, 17, and I got mad. through this kind of research. This fa- The ACTING PRESIDENT pro tem- I hate to age myself, but the minimum cility will focus on onshore and off- pore. He used 6 minutes. wage was quite low then. It was in the shore wind turbines. So this is crucial TAX POLICY cents. It was around 75 cents an hour or research. Mrs. BOXER. Madam President, I something. I remember saying, Why do We know in Colorado that the pres- rise to talk a little bit about health I have to pay anything to the govern- ence of top-notch research and develop- care and what it would mean if the Re- ment? I don’t want to pay anything. ment institutions attracts incredibly publicans get their way and take away My father would say to me, You kiss talented individuals and often results so many benefits for millions of people. the ground you walk on because you in the creation of new companies that But before I do, I would like to respond live in America, and we have to have commercialize the new and innovative to Senator HUTCHISON’s remarks on things in this country to make us technologies developed in these R&D taxes. great. And don’t you ever forget that, facilities. I know that in the Presiding President Obama has called on us to and don’t you complain about it. He Officer’s State, that is a formula for pass a tax cut for 98 percent of the also said, You make sure it is spent success. When we make the invest- American people. That would not be for right and you make sure you have a ments such as South Carolina, Colo- millionaires, but for the middle class. voice in it. But this country needs to rado, and New York are making, we It is not for billionaires, but for the be strong. So to have millionaires and draw top-notch resources that are able middle class—98 percent. He said any- billionaires take their money out of to exploit in a responsible way natural one earning up to $250,000 will get a tax America and hide it in accounts in resources. break. As a matter of fact, he said all other countries is not something I The grant I mentioned combined income under $250,000 will get a tax would be proud of. We should invest with the research dollars that have cut. Only income over $250,000 would go our funds here and everyone should pay come from the private sector represent back to the tax rates of Bill Clinton. their fair share. an enormous opportunity for South Let me remind everyone that in those HEALTH CARE Carolina and for our country in turn. years we had 23 million new jobs cre- Here is the deal. The Republicans We already see millions of dollars that ated and a balanced budget, and we have said if they take over all of the have been attracted into South Caro- never had more millionaires created in branches of government, which is their

VerDate Mar 15 2010 00:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.017 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4843 goal, on day one they are going to re- are going to get checks in the mail. So gets that tumor out at an early stage, peal ObamaCare. They are going to re- I say to these 12.7 million Americans: I they have avoided the worst con- peal our health care law. It reminds me hope you are listening, because on day sequences and it is way cheaper than of this: If I were to say to the Presiding one, no more rebates. waiting until the end when a patient Officer, meet me on the corner at 6 Tax credits to help small businesses needs radiation, chemotherapy, all of o’clock tonight and I am going to purchase health insurance. We hear this tough medicine that is also expen- punch you in the nose, hit you over the about how the Democrats don’t care sive. head, and leave you there, she might about small business. How about this: I ask unanimous consent for 1 more rethink meeting me. She might say, The 360,000 small businesses who insure minute. you know, BARBARA, that is not some- 2 million workers have gotten tax cred- The ACTING PRESIDENT pro tem- thing to look forward to. Well, let me its, right now—right now. We see the pore. Without objection, it is so or- say this to the millions of Americans crocodile tears over there, yet they dered. who are already receiving the benefits want to repeal a tax break that is help- Mrs. BOXER. How else do we pay for of ObamaCare, which I will describe: ing 360,000 small businesses. this? We cut out waste and fraud in You are about to be hit over the head If a child is born with a preexisting Medicare. We say to the health care in- and punched in the nose, if the Repub- condition, let’s say some heart defect, dustry: You make a lot more money licans take over Washington, DC. That and that child can’t get insurance. and you have to pay a little more, and is their goal, to take over the Senate, Today they can. Guess what. Seventeen they will. take over the Presidency, and keep the million children benefit from this pro- Then there are the free riders who majority in the House. tection right now. Seventeen million of say, I will never get sick, and if I do I Let me tell my colleagues why I say the most vulnerable people now have will get free health care at the emer- this. Here are the benefits that are in protection because of ObamaCare. But gency room. We finally say to them, as jeopardy—not in jeopardy from repeal; if the Republicans take over, these lit- they did in Massachusetts: Those days they will be repealed: Free preventive tle babies are out—out of luck—and are over. If you can afford it, you need services which have already begun: their parents will probably have to go to get a basic policy. By the way, it is Cancer screenings and immunizations on welfare. Great. Meet you on the cor- a tiny percentage of people. It is 1.4 for those people who have private in- ner, be there, vote for me, and I will million people. I think it is less than 1 surance. Fifty-four million people are punch you in the nose and hit you in percent of the people who will have to going to be punched in the nose and hit the head. That is what is going on. get insurance because the rest of us are in the head, if the Republicans take Funding for new community health paying $1,000 a year to cover these peo- over and they repeal health care—on care centers and expansions. Already 3 ple. So no more free rides. We all work day one. They are trying to do it today million patients have been helped by together. over in the House for the 31st time. this. The fact is we have seen funds go I will close with this. Watch out in Prescription drug discounts for sen- to these community health care cen- this election who you vote for. If some- iors who are in the doughnut hole. ters in our communities, so whether a body tells you they are going to repeal Fifty-two million seniors have already person has insurance or not, they can health care, that means all of these saved $3.7 billion. They are going to be drop in to a health care center. It is benefits go out the window. All of this hit in the head and punched in the nose particularly important in rural areas deficit cutting goes out the window. on day one—not even day two—of a Re- where they have very little access. The Supreme Court said it is constitu- publican takeover. I just talked about what happens al- tional, and it is. Free preventive services for seniors. ready. Now, in 2014, we set up the I want to make this point: Don’t vote We have 32.5 million Medicare patients health insurance exchanges so there is for people who will punch you in the who get free screenings now—32.5 mil- competition and people can get cheaper nose, hit you in the head, and walk lion. That is almost as many people as insurance. The preexisting condition away from you. I think the choice is live in California who will be hit in the benefit will then apply to everybody, so between those who will lift people up head and punched in the nose on day if you have a preexisting condition and and make life better for people and one—not on day two or three, but right you are an adult, you can still get their families and those who would go away. health care. back to a system that was so harmful Protection against lifetime dollar Women will get protection. Women for our families. limits. Right now, people think they have had to pay twice as much as a Thank you very much, Madam Presi- have a good health care insurance plan. man for insurance. That is discrimina- dent. I yield the floor. If a person gets, God forbid, something tion. That will be banned starting in The ACTING PRESIDENT pro tem- such as cancer and they have it 2014. pore. The Senator from West Virginia. checked out and find out the limit is There will be protection against arbi- POWER OUTAGES $1⁄2 million, maybe $1 million, maybe trary annual limits on the health care Mr. MANCHIN. Madam President, I even $2 million limit—they don’t know benefits people can get. Sometimes rise this morning to address a situation how fast that limit comes and then people have the ability to get health that is very hard for me to believe, and they are out of insurance. So now 105 care coverage, but it is capped every I am sure for many of my colleagues, million Americans who had limits on year. No more artificial caps. and maybe the Presiding Officer as their policies no longer have limits. Finally, we will say that health in- well. It makes no sense to the people of Well, if the Republicans take over, surance plans have to cover essential our great State of West Virginia. punch in the nose, hit in the head, they benefits such as maternity care. Many For nearly 2 weeks, hundreds of thou- are finished; they are out. plans will not cover maternity care. sands of West Virginians have been de- Young adults who can now stay on That is over. prived of basic necessities such as their parents’ plan up to age 26—6.6 So then people say, Well, how is this water and electricity because of mas- million young adults—are out of luck reform paid for? The Republicans say sive storms—not just West Virginia but on the first day of a Republican take- taxes will go up, deficits will go up. up and down the east coast. At the over. The CBO has told us that this is actu- peak of the outage, FEMA estimates Let’s go to the next chart. Limits on ally a reducer of the deficit by tens of that 688,000 West Virginians didn’t the amount of premiums health insur- billions of dollars. As a matter of fact, have power. That is a third of our ance companies can spend on adminis- it reduces the deficit by $127 billion State. One-third of our State was com- trative costs. Right now, 12 million over the next 10 years. How is it that pletely knocked out. Hundreds of thou- Americans-plus are going to receive a ObamaCare saves money? It is because sands of people had to throw away all total of $1 billion in rebates because, we invest in prevention. Everyone of the food in their refrigerators and under ObamaCare, the insurance com- within the sound of my voice knows freezers because of the lack of elec- panies have to spend the money on pa- that if a woman gets an annual mam- tricity. tients—80 percent—not on their own mogram and it indicates a very tiny Our National Guard and first re- perks, not on their bonuses, and people start of a breast tumor and the patient sponders did a superb job of keeping

VerDate Mar 15 2010 00:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.019 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4844 CONGRESSIONAL RECORD — SENATE July 11, 2012 people safe. But this country learned they do not have reliable power or the taxpayers of the United States of just how vulnerable and inadequate our water but still tell them we are invest- America. Something is wrong with infrastructure is and how much we ing in transmission lines to provide re- that. have come to depend on it. Up and liable power to Afghanistan? It just I cannot say it enough: If you build a down the east coast, our electrical grid does not make sense. bridge in West Virginia, we will not was crippled by this storm because According to the Congressional Re- blow it up. If you help us build a there is no backup plan—none whatso- search Service, the American tax- school, we will not burn it down. We ever—that could keep the vital neces- payers have already spent more than $9 are very appreciative. We appreciate sities of life running during these hor- billion—$9 billion—on infrastructure the help of all American taxpayers be- rific storms. projects in Afghanistan, including the cause we are part of this great country. The fact is we have to invest in our costs of reconstruction assistance, dip- If you help us invest in a more reliable Nation’s infrastructure. We all talk lomatic security, and activities by non- electricity system, we will use that about it but still very little is being Department of Defense agencies. This power to make this country stronger, done. Power outages cost this country is in addition to the $551 billion we to power this Nation’s economy, and to between $79 billion and $164 billion have spent on military operations. And provide good-paying jobs all over this every year. That is because on top of that does not even begin to address country. powering our hospitals, our nursing Iraq, where we have spent at least $5 Not only that, the scope of the prob- homes, and our schools, reliable energy billion on electrical systems and $61 lem with electricity infrastructure in underpins our economy and keeps billion total on infrastructure projects, West Virginia is tremendous. Accord- Americans at work. according to the Special Inspector Gen- ing to the National Energy Technology I know there are other needs around eral for Iraq Reconstruction. Laboratory, power outages in West Vir- the world, but seeing firsthand how Still, when we take a closer look at ginia take four times longer to fix than vulnerable our system is, I was so sur- the project that was announced yester- the national average. We have been prised—and the Presiding Officer might day, the facts are even more dis- blessed with so much beauty, but we be also—and disappointed to hear yes- turbing. The Army Times reported that have kind of a challenging topography, terday that the U.S. Army Corps of En- the Corps’ awarding of $93.6 million to if you will, and it makes it much more gineers is making a massive invest- improve electrical transmission from difficult. ment in power infrastructure in an- the Kajaki Dam power station through- If we modernize our grid to make it other country by awarding a $94 mil- out the Helmand Province of Afghani- more flexible and reliable, we can lion contract to provide—listen—reli- stan includes burying transmission make a return on investment of up to able power in Afghanistan. So I lines—burying transmission lines $6 for every $1 we invest, according to thought: How will I explain this back which we do not even do in America— studies from both the Electric Power home? We are providing reliable power and providing backup generators— Research Institute and the National to the Afghans when nearly 200,000 which we do not have, which is why we Energy Technology Laboratory. In- West Virginians spent an entire week have lost our water systems and our stead of investing that money in Af- without electricity, lost all of their food. ghanistan, doesn’t it just make sense food, and suffered through nearly 100- But believe it or not, the people of to invest it here at home? And we will degree heat during this period of time, the United States already paid to build start right in West Virginia if you like. when our country is losing tens and the Kajaki Dam powerhouse in the Madam President, I would feel the hundreds of billions of dollars because 1970s. I am going to quote from this ar- same if this was in your State, if it was of power outages all over the east ticle from the Army Times. in any other State in the country. This coast? As of 6 p.m. yesterday—this is Because the entire electrical system has might have been a ‘‘once in a lifetime’’ more than 12 days after the storm—we largely been neglected— storm, one where millions of people still have over 30,000 people without Neglected— lost power no matter how well we pre- electricity. due to decades of war, Afghan and U.S. agen- pared, but the fact that tens of thou- I cannot count the number of times I cies are partnering to increase power genera- sands of West Virginians are still with- have come to the floor of this Senate tion and distribution to solve the severe lack out power and water is a sign that we Chamber to say it is time to start re- of electricity in the region. must do better as a country. building America and not Afghanistan. Trust me, in West Virginia we can This could have happened to any But in all my time in the Senate, I understand the severe lack of power. State—whether it is a storm, an earth- have not seen a starker example of This facility was not maintained in quake, tornado, fire, flood, or a hurri- misplaced priorities. It is wrong to in- the 1970s. It was not maintained in the cane—and I hope that my colleagues in vest in reliable power for the Afghan 1980s. It was not maintained in the the Senate would share my feelings. We people when tens of thousands of not 1990s. It is still not being maintained. cannot help others if we do not make just West Virginians but Americans all What makes us think it is going to be and keep ourselves strong. We are be- over this country have been without maintained now that we are spending ginning to neglect our very real needs power for nearly 2 weeks because our millions and millions of dollars? at home. infrastructure is so vulnerable. This is only one small piece of an As West Virginians, I am proud to In fact, in our State, too many people even more costly contract to bring say we are a strong people. We are able still don’t have reliable water. When electricity to southern Afghanistan. to pick ourselves up faster than most, the power goes out, the water systems The $93.6 million contract is the first of and we go to the aid of our friends and can’t purify the water. In McDowell six integrated components collectively neighbors who need it most—even County in our southern coalfields, called the Kandahar Helmand Power though we are in need ourselves. But FEMA expects it will be another 2 to 3 Project, a USAID initiative to expand when you go to a filling station and the weeks before our water service is re- the electrical distribution system of sign says ‘‘cash only,’’ and then you stored to the customers in the two provinces in southern Afghanistan, find out that the banks are closed be- Northfork public service district. Let with a combined estimated population cause all the power is down, and the me repeat that. They will go another 2 of 1.7 million. That is short of the pop- ATM is out—we are changing and to 3 weeks without water, a basic ne- ulation of my home State of West Vir- transforming our whole monetary sys- cessity of life. That will be a full ginia. We are about 1.8 million. tem, but there is no backup plan—what month after the storm without one of It is one thing to help another coun- do you do? We have a problem. We life’s basic necessities. try with loans—which I am all for— truly have a problem. But I know we Something is truly out of balance. It that will help them get back on their can fix it because we are Americans. has been almost 2 weeks since a storm feet so they can repay their debts, but That is why it is time to rebuild of unprecedented strength hit our it is another thing entirely to pour bil- America and our infrastructure, not State. How can I look the people of my lions of taxpayer dollars into another Afghanistan or other places of the great State of West Virginia in the eye country for a decade with no chance of world. Let’s make ourselves strong when our infrastructure is so poor that any repayment to this country and to again so we can help people.

VerDate Mar 15 2010 00:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.020 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4845 I yield the floor. nents that seem simple in a lot of ways cility and they are in a 25-percent tax The ACTING PRESIDENT pro tem- but have great impact. bracket. They will save in the first pore. The Senator from Alaska. First, I want to mention the idea year $25,000—like that—instead of Mr. BEGICH. Madam President, first, that you can get a tax credit for hiring spreading that over the next 10 or 15 before I make my comments—I want to people. Some say, well, small busi- years. Why is that important? That talk about the Small Business Jobs and nesses will not use a tax rate just to $25,000 they save in taxes or deprecia- Tax Relief Act—I want to say to my hire people. I, maybe, agree to a cer- tion they will be able to reinvest, rein- friend from West Virginia, I know they tain extent on that, but why is this im- vest into their business as they strug- are struggling under incredible issues— portant? If you are a small businessper- gle to figure out how to build their even before the storm that occurred. I son and you are going to increase your markets. know he has efforts he is doing to build payroll—maybe you are giving raises Another friend of mine, Jack Lewis, infrastructure, and his statements are or bonuses, and so forth, or you are opened his second restaurant recently, right on the mark. going to hire part-time or full-time Firetap. Restaurants are not a cheap In western Alaska, 40 percent of the people, if you hire those people—and business. I have been in that business. communities do not even have water just a clear example is if your payroll I would not wish it on anybody. It is a infrastructure. It is not a question of is $200,000, and your payroll goes up by tough business. Margins are thin. But, rebuilding it; they do not have it. So I $20,000 to $220,000, you will get a tax again, he invested, he built it, built it recognize the Senator and his great break of 10 percent, which is $2,000. all out of scratch. Now he can, again, work for West Virginia, making it a What will that small business do under this bonus depreciation schedule better place. His points are well with that $2,000? In a big business that depreciate it, write it off in the first thought out and right to the mark just gets lost in some pile. Maybe it year. That is a huge benefit for these about what we need to do to rebuild goes to some corporate salary. But small businesses. this country. A good part of all that is here is what a small businessperson When I look at another small com- it is about American jobs, American will do with it. They will get that pany called SteamDot Coffee—it is a workers building those water and sewer $2,000, and they might now go recarpet small coffee company. Jonathan White lines and putting those transmission their lease-hold improvement or their owns it. They brew their own coffee, lines back up—whether they be above rental space they are using for their have their own coffee, and they also or below the ground. small business. package it and manufacture it for re- So, again, I commend the Senator for What does that mean? That $2,000 sale. That takes a lot of equipment. his work in West Virginia. now goes to the carpet layer and the Now they get to write that off in the Madam President, I have come down carpet seller. What will they do with first year. to talk about the Small Business Jobs it? They will put it into the next part What this bill does is simple, but yet and Tax Relief Act. I come from the of the economy. It just keeps moving it has a huge impact. As a matter of small business world. I know people much quicker and faster in the econ- fact, under the depreciation it is esti- come down to the Senate floor on the omy. As a matter of fact, every $1 we mated that for every $1 we give in the other side of the aisle and talk about see out there has a multiplier effect tax benefit, there is a $9 benefit to the being from the small business world. I that is pretty significant for small GDP, a 1-to-9 ratio. Any businessperson always like to look and see what that business. would love that deal. That is a great really means. It is always amazing to So the one piece is giving tax credits deal. me. for small businesses to increase their So this bill, I hope—our colleagues When someone is from the small payrolls. It may be for increased sala- have shown by 80 to 14 this is a great business world, here is what it is really ries or for increased employment. Ei- bipartisan effort. I hope we now move about: It is not about working for some ther way you are putting more money to the next stage. Maybe we will have corporation, having a nice title, not into the working people of this econ- some amendments and work through really worrying about making it from omy and, therefore, they are putting it it. But lets do it for the small business day to day or worrying about a payroll. back into the economy. community of this country, for the At the end of the day, if the business is The second piece of the act is the de- State I live in, and for every State. not good, they do not get a check. That preciation. If you are not a small busi- I say to the Acting President pro is how it works in the small business nessperson, you do not really pay a lot tempore, the State of New York is world. of attention to this. But the way the piled with small businesses. When you So when I hear people come down and IRS Code works is if you invest in new go through New York City, every inch talk about small business, it surprises equipment, carpeting, sheet rock, of the street has a small businessper- me, to be very frank, the lack of under- lighting, whatever, the IRS has these son. That is what drives this economy. standing, the lack of knowledge they schedules to deappreciate this over That is what makes this economy hap- have about the small business world. I many years. pen. That is where we need to put our have been in it from the age of 14. My Here is how it works: First, we have investment. wife has grown a business from serving the tax credit for payroll, and now we I will end on this note: I know we and selling smoked salmon on the have a second piece of this bill, which will have some pro forma votes, as I street corner to now, having a couple is accelerated or bonus depreciation, call them, show-and-tell. We will vote retail stores and doing very well. But which means if you are thinking of an on this 20-percent tax rate deduction she has struggled just like everyone idea—I will tell you, a small business I that is being proposed by the House. It else. She has had to deal with the bu- just visited in Alaska called Lime sounds good, but there is no guarantee reaucracy. She has had to figure out Solar, by Chet Dyson and Jessie Moe— that is going to go back into the econ- how to raise the capital, put retire- these are two young men who are start- omy. As a matter of fact, if you are a ment money on the table, maximize ing a small business to sell solar prod- hedge funder, you will get that break. her credit cards—do everything pos- ucts for homes and businesses, but they If you are an attorney, you will get sible to take her dream and make it a got a lease-hold space. They rented a that break. If you are a small business- reality, just as I have done for all my space. It had no sheet rock, no light- person, you will get that break. But years in the small business world. ing. They are responsible for paying for there is no guarantee that money goes So I come here not just as a Senator all of that. back into the economy. So if we are from Alaska, representing Alaskans So they invested, they cleaned it up, going to give these tax incentives, let’s and small businesses, but also as some- sheet-rocked it, fixed it all up, put make sure it is helping the economy one who has lived it, worked it, and un- equipment in. All that expense now—if and building jobs and building a future derstands it. We have a chance—and I this bill passes—can be written off in for us. appreciate the 80-to-14 vote to let us the first year instead of depreciating it So, Madam President, I just wanted proceed to this bill, which is the Small over multiple years. to come down and speak on this bill Business Jobs and Tax Relief Act. This Why is that important? Let’s assume and encourage my colleagues to sup- is an important bill. It has two compo- they spent $100,000 renovating their fa- port the Small Business Jobs and Tax

VerDate Mar 15 2010 00:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.021 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4846 CONGRESSIONAL RECORD — SENATE July 11, 2012 Relief Act, not only through the pro Prior to 9/11, there were all kinds of infor- sult. Our power grids, air and ground trans- forma vote we had yesterday to move mation out there that a catastrophic attack portation, telecommunications and water fil- forward on it but also to really pass it. was looming. . . . The information on a tration systems are in jeopardy as well. We have done a great job the last few cyberattack is at that same frequency and That ends the quote from Admiral intensity and is bubbling at the same level, months passing a lot of legislation out McConnell. and we should not wait for an attack in order Admiral McConnell also made a com- of this body. Let’s continue that effort to do something. parison to threats from the past. and help our economy grow. Attorney General Holder stressed the Madam President, I suggest the ab- The cyber-war mirrors the nuclear chal- urgency of responding to this threat in lenge in terms of the potential economic and sence of a quorum. a recent Senate Judiciary Committee The ACTING PRESIDENT pro tem- psychological effects. . . . We prevailed in hearing. He said: the Cold War through strong leadership, pore. The clerk will call the roll. This a problem that we must address, our clear policies, solid alliances and close inte- The assistant legislative clerk pro- nation is otherwise at risk and to ignore this gration of our diplomatic, economic, and ceeded to call the roll. problem, to think it is going to go away runs military efforts. We backed all of this up Mr. WHITEHOUSE. Madam Presi- headlong into all of the intelligence we have with robust investments—security never dent, I ask unanimous consent that the gathered, the facts we have been able to ac- comes cheap. It worked, because we had to order for the quorum call be rescinded. crue which show that the problem is getting make it work. Let’s do the same with cyber- The ACTING PRESIDENT pro tem- worse instead of getting better. There are security. The time to start was yesterday. pore. Without objection, it is so or- more countries that are becoming more Former Deputy Secretary of Defense dered. adept at the use of these tools, there are Paul Wolfowitz has also echoed the ad- groups that are becoming more adept at the ministration’s warning that a cyber at- ORDER OF PROCEDURE use of these tools, and the harm that they Mr. WHITEHOUSE. Madam Presi- want to do to the United States and to our tack has the potential of causing dev- dent, I ask unanimous consent that infrastructure through these means is ex- astation on the scale of another Sep- Senator BLUMENTHAL and I be recog- tremely real. tember 11. He stated: nized for the next 20 or so minutes to Chairman of the Joint Chiefs of Staff I hope we do not have to wait for the speak on the issue of cybersecurity. Martin Dempsey has warned that ‘‘a cyber-equivalent of 9/11 before people realize that we are vulnerable. The ACTING PRESIDENT pro tem- cyber attack could stop society in its pore. Without objection, it is so or- tracks.’’ Former Assistant Secretary for Pol- dered. NSA Director and U.S. Cyber Com- icy at the Department of Homeland Se- curity Stewart Baker has compared the CYBERSECURITY mander GEN Keith Alexander, a four- star general, has stated: threat to the catastrophic effects of Mr. WHITEHOUSE. Madam Presi- Hurricane Katrina. dent, I rise to speak about cybersecu- We see this as something absolutely vital We must begin now to protect our critical rity, but specifically about the cyber to the future of our country. Cybersecurity for government and critical infrastructure is infrastructure from attack. And so far, we threat to our Nation’s critical infra- key to the security of this Nation. have done little. We are all living in a digital structure. By critical infrastructure I A recent report from the Department New Orleans. No one really wants to spend mean the power grid that supplies elec- the money reinforcing the levees. But the al- of Homeland Security found that com- tricity to our homes that keeps us ternative is worse. . . . And it is bearing panies which operate critical infra- warm in the winter and cool in the down on us at speed. structure have reported a sharp rise in summer. I mean the financial services’ Former NSA Director and CIA Direc- cybersecurity incidents over the past 3 processing systems that connect our tor Michael Hayden has said: years. Companies reported 198 cyber in- ATMs to our accounts and move money cidents in 2011, up from 41 incidents in We have entered into a new phase of con- around in our complex financial sys- flict in which we use a cyberweapon to cre- 2010, and just 9 in 2009. This may reflect tem. I mean the communications net- ate physical destruction, and in this case, that the private sector is just now be- works by which we talk and e-mail and physical destruction in someone else’s crit- ginning to catch on. It is unfortunate text and message one another. ical infrastructure. but true that the private sector cannot The men and women we have charged Former Republican officials have be counted on to respond to this grow- with our Nation’s defense and we have also noted the cybersecurity gap in the ing challenge on its own. confirmed in these roles in the Senate private sector due to this market fail- As Deputy Secretary of Defense Ash- have repeatedly and consistently ure. Former Secretary of Homeland Se- ton Carter has explained, and I quote warned us about the danger of cyber curity Chertoff said: again: attacks on this critical infrastructure. The marketplace is likely to fail in allo- It provides power and light and heat, There is a market failure at work here. cating the correct amount of investment to . . . Companies just aren’t willing to admit tracks and records financial trans- manage risk across the breadth of the net- vulnerability to themselves, or publicly to work on which our society relies. actions, allows communication and shareholders, in such a way as to support the data transfer, keeps airlines safe in the necessary investments or lead their peers The following examples are emblem- air, controls our dams, and enables our down a certain path of investment and all atic of the market failure that both commerce. The consequences of failure that would follow. Democratic and Republican national in these areas could be catastrophic. These were administration warnings, security officials have identified in this We must pay heed to these warnings but the concerns are bipartisan. A wide cybersecurity area for critical infra- about America’s critical infrastructure range of national security experts from structure. as we consider cybersecurity legisla- previous Republican administrations When the FBI-led National Cyber In- tion. have echoed this alarm. Former Direc- vestigative Joint Task Force informs The administration has described tor of National Intelligence and NSA an American corporation that it has this cyber threat in no uncertain Director ADM Mike McConnell has been hacked, 9 times out of 10 that terms. The Director of National Intel- said, and I quote: American corporation had no idea. Kevin Mandia of the leading security ligence, James Clapper, has stated: The United States is fighting a cyber-war firm Mandiant has said, and I quote: [I]t’s clear from all that we’ve said [that] today, and we are losing. It’s that simple. we all recognize we need to do something. He explained: In over 90 [percent] of the cases we have re- . . . We all recognize this as a profound sponded to, Government notification was re- As the most wired nation on Earth, we quired to alert the company that a security threat to this country, to its future, to its offer the most targets of significance, yet economy, to its very being. breach was underway. In our last 50 inci- our cyber defenses are woefully lacking. . . . dents, 48 of the victim companies learned Secretary of Defense Leon Panetta The stakes are enormous. To the extent that they were breached from the Federal Bureau has warned: the sprawling U.S. economy inhabits a com- of Investigation, the Department of Defense, The next Pearl Harbor we confront could mon physical space, it is in our communica- or some other third party. very well be a cyber attack. tions networks. If an enemy disrupted our fi- nancial and accounting transactions, our eq- In operation Aurora, the cyber at- Secretary of Homeland Security uities and bond markets or our retail com- tack which targeted numerous compa- Janet Napolitano has compared this merce—or created confusion about the legit- nies, most prominently Google, only 3 threat to the September 11 attacks. imacy of those transactions—chaos would re- out of the approximately 300 companies

VerDate Mar 15 2010 02:12 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.022 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4847 attacked were aware that they had the critical infrastructure they support, islation to the floor as soon as possible. been attacked before they were con- from dams to hospitals. Reported intrusions Given the time left in this legislative session tacted by the government. into defense contractors and military sys- and the upcoming election this fall, we are We cannot count on the private sec- tems reveal the direct national security cost concerned that the window of opportunity to of cyber attacks. Evaluations of the Night pass legislation that is in our view critically tor to defend itself against a threat Dragon and Aurora attacks reveal the vul- necessary to protect our national and eco- about which it is so unaware. An ad- nerability of our most advanced and essen- nomic security is quickly disappearing. vanced persistent intrusion of the U.S. tial industries to sophisticated hackers. The We have spoken a number of times in re- Chamber of Commerce’s systems also recent report by the Office of the National cent months on the cyber threat—that it is went undetected until the chamber re- Counterintelligence Executive makes clear imminent, and that it represents one of the ceived help from the government. The that foreign states are waging sustained most serious challenges to our national secu- campaigns to gather American intellectual rity since the onset of the nuclear age sixty Wall Street Journal reported that a years ago. It appears that this message has group of hackers in China breached the property—the core assets of our innovation economy—through cyber-enabled espionage. been received by many in Congress—and yet computer defenses of the U.S. Cham- The growing threat of terrorist organiza- we still await conclusive legislative action. ber, gained access to everything stored tions acquiring cyber capabilities and using We support the areas that have been ad- in its systems, including information them against American interests opens an- dressed so far, most recently in the House: about its 3 million members, and re- other battlefront in cyberspace. And every the importance of strengthening the security mained on the network for at least 6 day, Americans’ identities are compromised of the federal government’s computer net- by international criminals who have built works, investing in cyber research and devel- months and possibly more than a year. opment, and fostering information sharing The chamber only learned of the break- online marketplaces for buying and selling Americans’ bank account numbers and pass- about cyber threats and vulnerabilities in, according to the article, when the words. across government agencies and with the pri- FBI told the group that servers in This constant barrage of cyber assaults has vate sector. We urge the Senate to now keep China were stealing its information. inflicted severe damage to our national and the ball moving forward in these areas by The special expertise of our national economic security, as well as to the privacy bringing legislation to the floor as soon as of individual citizens. The threat is only possible. security agencies is a consistent theme In addition, we also feel that protection of through these examples. As former As- going to get worse. Inaction is not an accept- able option. our critical infrastructure is essential in sistant Attorney General, OLC Direc- Senate committees of jurisdiction have order to effectively protect our national and tor, and Harvard Law School Professor done important, bipartisan work developing economic security from the growing cyber Jack Goldsmith has explained: legislation to strengthen our nation’s cyber- threat. Infrastructure that controls our elec- The government is the only institution security. The Administration likewise has tricity, water and sewer, nuclear plants, with the resources and the incentives to en- weighed in with a set of legislative pro- communications backbone, energy pipelines sure that the [critical infrastructure] on posals. The stage thus is set for the Senate and financial networks must be required to which we all depend is secure, and we must to take up cybersecurity legislation. We be- meet appropriate cyber security standards. find a way for it to meet its responsibilities. lieve that it can and should undertake this Where market forces and existing regula- work in keeping with its best, bipartisan tra- tions have failed to drive appropriate secu- By the way, that was Goldsmith at rity, we believe that our government must the Department of Justice in the Bush ditions, addressing this pressing national se- curity need with the seriousness that it de- do what it can to ensure the protection of administration. This is a Republican serves. our critical infrastructure. Performance appointee speaking. These warnings We urge the Senate to do so in short order: standards in some cases will be necessary— have been repeatedly communicated to the rewards of increased security for our these standards should be technology neu- us in the Senate. We cannot plead igno- country, particularly our private sector crit- tral, and risk and outcome based. We do not rance of them. ical infrastructure, will be rapid and pro- believe that this requires the imposition of I ask unanimous consent to have found. detailed security regimes in every instance, Sincerely, but some standards must be minimally re- printed in the RECORD a letter to Sen- MICHAEL CHERTOFF. quired or promoted through the offer of posi- ate Majority Leader REID and Minority WILLIAM J. LYNN III. tive incentives such as liability protection Leader MCCONNELL dated January 19, J. MICHAEL MCCONNELL. and availability of clearances. 2012. RICHARD CLARKE. Various drafts of legislation have at- There being no objection, the mate- DR. WILLIAM J. PERRY. tempted to address this important area—the rial was ordered to be printed in the PAUL WOLFOWITZ. Lieberman/Collins bill having received the most traction until recently. We will not ad- RECORD, as follows: JAMIE GORELICK. GEN. (RET.) JAMES vocate one approach over another—however, JANUARY 19, 2012. CARTWRIGHT, USMC. we do feel strongly that critical infrastruc- Hon. HARRY REID, ture protection needs to be addressed in any Majority Leader, U.S. Senate, Mr. WHITEHOUSE. This explains cyber security legislation. The risk is simply Washington, DC. that the threat is only going to get too great considering the reality of our Hon. MITCH MCCONNELL, worse; inaction is not an acceptable op- interconnected and interdependent world, Minority Leader, U.S. Senate, tion. This letter was signed by former and the impact that can result from the fail- Washington, DC. Secretary of Homeland Security Mi- ure of even one part of the network across a DEAR MAJORITY LEADER REID AND MINOR- chael Chertoff, former Deputy Sec- wide range of physical, economic and social ITY LEADER MCCONNELL, We write to urge retary of Defense Paul Wolfowitz, systems. the Senate to take up, debate, and pass legis- Finally, we have commented previously lation to strengthen our nation’s cybersecu- former Director of National Intel- about the important role that the National rity. ligence and NSA Director ADM Mike Security Agency (NSA) can and does play in As former executive branch officials who McConnell, former Vice Chairman of the protection of our country against cyber shared the responsibility for our nation’s se- the Joint Chiefs of Staff General James threats. A piece of malware sent from Asia curity, we are deeply concerned by the sever- Cartwright, former Defense Secretary to the United States could take as little as ity and sophistication of the cyber threats Dr. Willian Perry, former Deputy At- 30 milliseconds to traverse such distance. facing our nation. These threats demand a Preventing and defending against such at- response. Congress must act to ensure that torney General Jamie Gorelick, former Deputy Secretary of Defense William tacks requires the ability to respond to them appropriate tools, authorities, and resources in real-time. NSA is the only agency dedi- are available to the executive branch agen- J. Lynn, III, and former Special Advi- cated to breaking the codes and under- cies, as well as private sector entities, that sor to the President for Cyber Secu- standing the capabilities and intentions of are responsible for our nation’s cybersecu- rity, Richard Clarke. potential enemies, even before they hit rity. The Senate is well-prepared to take up I also have a letter written to Major- ‘‘send.’’ Any legislation passed by Congress legislation in this important national secu- ity Leader REID and Minority Leader should allow the public and private sectors rity field, and to do so in a bipartisan man- MCCONNELL, dated June 6, 2012, which I to harness the capabilities of the NSA to ner in the best traditions of the Senate. ask unanimous consent to have printed protect our critical infrastructure from ma- Every week brings new reports of cyber in- licious actors. in the RECORD. trusions into American companies or govern- We carry the burden of knowing that 9/11 ment agencies, new disclosures of the breach There being no objection, the mate- might have been averted with the intel- of Americans’ private information, or new rial was ordered to be printed in the ligence that existed at the time. We do not revelations of incidents of cyber disruption RECORD, as follows: want to be in the same position again when or sabotage. The present cyber risk is shock- JUNE 6, 2012. ‘cyber 9/11’ hits—it is not a question of ing and unacceptable. Control system DEAR SENATORS REID AND MCCONNELL, We ‘whether’ this will happen; it is a question of vulnerabilities threaten power plants and write to urge you to bring cyber security leg- ‘when.’

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We are not talking about tem- (RET), enormous asset, and I appreciate his porary dislocations, such as the loss of HON. WILLIAM LYNN III. participation. electricity that the Capital area suf- Mr. WHITEHOUSE. Secretary I yield the floor. fered recently or that our States in Chertoff, Admiral McConnell, Deputy The ACTING PRESIDENT pro tem- New England suffered as a result of the Secretary Wolfowitz, General Hayden, pore. The Senator from Connecticut. recent storms last fall; we are talking and General Cartwright urged us to: Mr. BLUMENTHAL. Madam Presi- about permanent, severe, lasting dis- . . . bring cyber security legislation to the dent, I thank the Senator from Rhode ruptions and dislocations of our finan- floor as soon as possible. Given the time left Island, my distinguished colleague, for cial and power systems that may be in this legislative session and upcoming elec- those very generous remarks. Actually, caused by this interference. tion this fall, we are concerned that the win- I had four arguments in the Supreme One international group, for example, dow of opportunity to pass legislation that is Court. The rest was similarly exagger- accessed a financial company’s inter- in our view critically necessary to protect ated as to my qualifications. But I nal computer network and stole mil- our national and economic security is quick- thank the Senator from Rhode Island. lions of dollars in just 24 hours. ly disappearing. Most importantly, I thank him for his Another such criminal group They specifically focused on the extraordinary work on this issue and accessed online commercial bank ac- threat to critical infrastructure, stat- for his leadership and vision as well as counts and spread malicious computer ing that ‘‘protection of our critical in- his courage. viruses that cost our financial institu- frastructure is essential in order to ef- I wish to emphasize a number of the tions nearly $70 million. fectively protect our national and eco- points he made so powerfully in his re- One company that was recently a vic- nomic security from the growing cyber marks earlier. First and most signifi- tim of intrusion determined it lost 10 threat.’’ cantly, the United States is under years’ worth of research and develop- We must not ignore this chorus of cyber attack. The question is, How do ment—valued at $1 billion—virtually warnings issued by those who are the we respond? It is our national interests overnight. These losses are not just for most informed and most alert about that are at stake. the shareholders of these companies, the danger to our critical infrastruc- Every day this Nation suffers at- they are to all of us who live in the ture. We must pass cybersecurity legis- tempted intrusions, attempted inter- United States because the losses, in lation, and we must ensure that the cy- ference, and attempted theft of our in- many instances, are losses of informa- bersecurity legislation we pass address- tellectual property as a result of the tion to defense companies that produce es our Nation’s critical infrastructure. ongoing attacks we need to stop, deter, our weapons, losses of property that No bill that fails to address critical in- and answer. has been developed at great cost to frastructure can be said to have done National security is indistinguish- them and to our taxpayers. We should the job of protecting our country. able from cybersecurity. In fact, cyber- all be concerned about such losses. As Shawn Henry, the Executive As- Our Nation will be vulnerable if crit- security is a matter of national secu- sistant Director of the FBI, has said: ical infrastructure companies fail to rity and not only so far as our defense ‘‘The cyber threat is an existential one, meet basic security standards, as they capabilities; our actual weapons sys- meaning that a major cyber attack do right now. Legislation must include tems are potentially under attack and could potentially wipe out whole com- a mechanism to end this continuing interference, but also, as my colleague vulnerability. If operators object to a panies.’’ from Rhode Island said so well, because Those threats to our critical infra- particular approach to cybersecurity our critical infrastructure is every day structure, as we have heard so power- for our critical infrastructure on the at risk—our facilities in transpor- fully from my colleague from Rhode Is- basis that it is too burdensome or too tation, our financial systems, our utili- land, are widespread and spreading. unwieldy, they will find many Members ties that power our great cities and our Industrial control systems, which of the Senate on both sides—myself rural areas and our intellectual prop- help control our pipelines, railroads, and Senator BLUMENTHAL included— erty, which is so valuable and which water treatment facilities, and power- who are ready and eager to work with every day is at risk and, in fact, is plants, are at an elevated risk of cyber them. But if the purpose of the exercise taken from us wrongfully, at great cost exploitation today—not at some point is to come to an end point in which the to our Nation. in the future but today. The FBI warns operators of our critical infrastructure The number and sophistication of that a successful cyber attack against do not have to reach adequate levels of cyber attacks has increased dramati- an electrical grid ‘‘could cause serious cybersecurity, then we need to move on cally over the past 5 years. All the damage to parts of our cities, and ulti- and we need to vote and go beyond warnings—bipartisan warnings—say mately even kill people.’’ that. those attacks will continue and will be The Department of Homeland Secu- The question of how we get to cyber- mounted with increasing intensity. In rity said that last year they had re- security is one we should engage in the fact, experts say that with enough ceived nearly 200 reports of suspected Senate. The question of whether we time, motivation, and funding, a deter- cyber incidents, more than 4 times the protect our privately held critical in- mined adversary can penetrate nearly number of incidents reported in 2010. frastructure in a responsible way is one any system that is accessible directly In one such incident, more than 100 we should not allow to deter us from from the Internet. computers at a nuclear energy firm getting this job done to protect our na- The United States today is vulner- were infected with a virus that could tional and economic security. able. To take the Pearl Harbor analysis have been used to take complete con- Whatever the ultimate solution, we that our Secretary of Defense has trol of that company’s system. simply must find a way to improve the drawn so well, we have our ‘‘ships’’ sit- These reports, these warnings, go on. cybersecurity of our critical infrastruc- ting unprotected today, as they were at In summary, the Director of the FBI ture. the time of the Pearl Harbor attack. said it best: ‘‘We are losing data, we I yield the floor to Senator Our ships today are not just our vessels are losing money, we are losing ideas, BLUMENTHAL, who has been engaged in in the sea but our institutions sitting and we are losing innovation. ‘‘ efforts with me to try to find a way in this country and around the world, Those threats are existential to our through to a bipartisan bill that will our critical infrastructure, which is Nation, and we must address them protect our critical infrastructure. He equally vulnerable to sophisticated and now—not simply as a luxury, not as a has expertise in this area as a superbly unsophisticated hackers. possibility but as a need now.

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And as the Senator buy safe, cheaper prescription drugs BERMAN, and others on the other side, from Connecticut and I have dis- from other countries such as Canada. such as Senators MCCAIN, COLLINS, cussed—and we are actually working Let me emphasize that I am talking GRAHAM, and CHAMBLISS, as well as together on this—we are open to dif- about exactly the same prescription other colleagues on this side, for their ferent ways to get there, but it should drugs as we can buy here at much high- leadership in this area. They have be agreed amongst us in the Senate er prices, and I am only talking about started this effort with great dedica- that getting there, getting to the point FDA-approved drugs. I am talking tion. where America’s critical infrastructure about drugs coming from the same There has been substantial work is protected from cyber attack as rea- sources, manufacturing sites, either in done already. No one here has ignored sonably well as we can should be the this country that go to Canada and this threat. We must move forward for nonnegotiable goal. Anything short of other countries or sometimes from the sake of our Nation’s security. Our that should be seen as failure. third-party countries, with the drugs cybersecurity must be addressed as There is another thing I wanted to coming to both Canada and the United soon as possible. Cybersecurity is not add. The Senator was very generous in States. an issue we can wait to address until his remarks and credentialing of a When I first came to the Senate, we we see the results of failure. The con- great number of Senators who have were on the verge of passing that legis- sequences of a debilitating attack been working very hard. I would also lation. I worked in a bipartisan way would be catastrophic to our Nation. I like to single out Senator COONS, who with a large group of Senators, includ- hope we can continue to fill the con- has been very helpful in our efforts. ing Senator Byron Dorgan of North Da- sensus, which the Senator from Rhode I will stay on our side of the aisle at kota, who was one of the leaders of the Island has been working to do, with this point and add in particular Sen- issue at the time; JOHN MCCAIN on our other colleagues, so we can come to- ator MIKULSKI. BARBARA MIKULSKI Republican side; and many others, in- gether, as he said—not whether but serves on the Intelligence Committee. cluding OLYMPIA SNOWE, who were also how—and do it in a bipartisan way. She is keenly aware of the cyber involved in this issue. This issue has elicited, very commend- threat. She has taken deep dives into One of those strong vocal supporters ably and impressively, colleagues from this issue in her role as a cardinal on of reimportation was then-Senator both sides who have been working on the Appropriations Committee. She Barack Obama. He took a very clear this issue with dedication and dili- does the appropriations for many of the position as a U.S. Senator being gence. I hope the body as a whole will national security agencies and law en- strongly in support of reimportation. match the vigor that is appropriate. forcement agencies that are deeply in- He voted for the full-fledged reimporta- Again, I thank the Senator from volved in this. So when she speaks, she tion bill in 2007, and as he became a Rhode Island. Part of our challenge speaks with real authority and she Presidential candidate, that strong, will be to elicit better agency coordi- speaks with real impact. Her participa- clear support continued during his nation. If the Senator from Rhode Is- tion in this effort is extraordinarily Presidential campaign. Then-candidate land wishes to comment further, I hope helpful, in addition to the efforts of the Obama clearly stated once again his perhaps he can respond to the question many Senators whom my colleague strong, crystal-clear support for re- of how soon we should come together singled out as well. importation. In fact, Presidential can- and work on this issue. Is it a problem With that, I yield the floor. I see the didate Obama used very feisty lan- we can delay until the next session or Senator from Louisiana is here, and I guage about reimportation. He claimed should we try to address it during the thank the Senator from Connecticut. he would fight Big Pharma—the big coming months of this session before Mr. BLUMENTHAL. I thank the Sen- pharmaceutical companies—stating, we close? ator and the Chair. ‘‘We’ll take them on, hold them ac- The ACTING PRESIDENT pro tem- The PRESIDING OFFICER (Mr. countable for the prices they charge’’ pore. The Senator from Rhode Island. FRANKEN). The Senator from Lou- and ‘‘[drug] companies are exploiting Mr. WHITEHOUSE. Madam Presi- isiana. Americans by dramatically over- dent, I am delighted to respond to the PRESCRIPTION DRUG POLICY charging U.S. consumers.’’ Senator in two ways. First, as the Sen- Mr. VITTER, Mr. President, I come Unfortunately, after then-candidate ator so well pointed out, this is not a to the Senate floor to talk about a pri- Obama was elected President, some future threat or a prospective threat ority of mine that has been the case things changed, and the biggest change that we need to prepare ourselves since I first came to the Senate; that was the ObamaCare proposal and all of against; this is an ongoing, current is, reimportation—changing Federal the backroom deals, bartering, and threat. There is a campaign of attacks law appropriately to allow Americans deal-making that led to its passage into our national security infrastruc- to buy safe, cheaper prescription drugs through Congress. I had concerns at ture, into our intellectual property, from Canada and other countries. the time. In fact, I spoke very clearly and into our critical infrastructure, We all know prescription drug prices about my concerns here on the Senate such as the power grids and the com- are sky-high in the United States. floor that there were some backroom munications networks we count on in They are sky-high by any metric, by deals going on, essentially trading re- our daily lives for what we consider the any measure, but certainly in this importation—the White House pledging American standard of living here at down economy and certainly for folks to oppose reimportation, clearly home. So time is not our friend. like our seniors who are on a fixed in- against what the President ran on and As one of the individuals I quoted come. They are particularly sky-high how he voted here in the Senate, if Big said—I think Admiral McConnell—the when you compare those drug prices to Pharma would join the effort to pass day to get this done was yesterday. So the prices of exactly the same drugs in ObamaCare into law. the sooner the better. We do need to other countries, including other West- More recently, in the last few form a consensus in this body, enough ern industrialized countries, such as months, e-mails and other evidence to move through the parliamentary ob- Canada immediately to our north. have surfaced that clearly confirm that stacles that exist in this body, which For this reason, from the very begin- is exactly what went on. In fact, the allows us to go forward and will allow ning of my work in the Senate, I have House Energy and Commerce Com- us to go forward in a way that does laid out a number of solutions that I mittee has had an investigation into something serious about forcing the believe would make the situation a lot this issue, and it has revealed and operators of our critical infrastructure better, including generics reform, made very clear the closed-door nego- to put in adequate cybersecurity pro- which I am working on in a bipartisan tiations about ObamaCare that essen- tections. If they have to do it because way with other Members of the Senate. tially struck a deal between Big they have incentives to do it, that is One of those proposed solutions has Pharma and the White House, the one way of getting there. If they have been reimportation. Again, that would White House saying: You support to do it because there are regulations mean changing Federal law, as I think ObamaCare, you help us pass it, you

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PhRMA e-mails, that opportunity for all Americans, believe we ultimately will deal with it for instance, say: particularly seniors, to be able to buy and will recover from this major set- Rahm will make it clear that PhRMA safe, cheaper prescription drugs from back when the American people fully needs a direct line of communication, sepa- Canada and elsewhere. realize what went on—the corrupt, I rate and apart from any other coalition. Let’s look at votes on the broad re- would say, backroom deal that was cut Of course, Rahm is then-White House importation bill which was led by then- between the White House and Big Chief of Staff Rahm Emanuel. Senator Byron Dorgan. I was a cospon- Pharma, and how seniors and other On June 10, 2009, PhRMA lobbyists sor, and so were many other Senators Americans are paying the price. met with White House officials, and who had been involved in this issue, ObamaCare passed, and prescription coming out of that meeting, they said such as JOHN MCCAIN, OLYMPIA SNOWE, drug prices continue to be sky high. they had discussed the details ‘‘and the and many others. In 2007 the Senate ac- They continue to hurt tens of millions expected financial gain from health re- tually passed that measure 63 to 28, al- of Americans, particularly those on a form.’’ though after that it was essentially fixed income such as seniors. And we The same House investigation has re- scuttled by a poison pill that was added continue to need a solution to that vealed meetings between top adminis- to the bill. But the vote on the base very real problem. That is why I will tration officials and other special in- measure was 63 to 28, with 47 Senate continue to fight. I will continue to terest groups, including meetings at Democrats voting yes, including then- fight for any measure that makes sense the DSCC—Democratic Senatorial Senator Barack Obama. to lower prescription drug prices, Campaign Committee—to coordinate Now let’s flash-forward to 2009, after generics reform, streamlining at FDA, political operations. PhRMA lobbyists the ObamaCare backroom deal, and it and, yes, reimportation, to level the attended these meetings to learn about is a whole different planet, a whole dif- playing field, to get a world price on White House messaging and ‘‘how our ferent landscape. The Senate defeated the drugs we use and not force a much effort can be consistent with that.’’ the same measure 51 to 48. There was a higher price on Americans than vir- Then the final big deal was struck, 60-vote threshold, with 38 Senate tually anyone else pays around the and the big deal, as revealed clearly by Democrats voting yes—a far smaller world. this evidence and these e-mails, was number—and 23 Senate Democrats America’s seniors need that relief. I very clear: PhRMA—the big pharma- switching their votes from 2007. It was wish the Obama White House under- ceutical companies—would support exactly the same measure, but 23 Sen- stood that and acted upon that. I wish ObamaCare not just in word but in ate Democrats flip-flopped, switched President Obama would keep his word deed, including putting up $70 million their votes in light of the White House that he made as a Senator and as a to help fund an advertising campaign ObamaCare deal. Presidential candidate. But I will con- in support of the passage of We can see a similar flip-flop with re- tinue to keep my word on the issue and ObamaCare. That $70 million from the gard to votes on my Vitter amend- to build that support for strong, effec- biggest pharmaceutical companies ment, which was a more narrowly tai- tive reimportation legislation. went to two 501(c)(4) groups—Healthy lored measure regarding reimporta- Mr. President, I yield the floor. Economy Now and Americans for Sta- tion. In 2009 the Senate passed that ble Quality Care. These groups were The PRESIDING OFFICER. The Sen- Vitter amendment 55 to 36, with, again, ator from New York. formed specifically to advertise and 45 Senate Democrats voting yes on promote the passage of ObamaCare. that more focused and narrowly tai- HONORING RAOUL WALLENBERG The former group was actually created lored reimportation amendment. But Mrs. GILLIBRAND. Mr. President, I after a meeting discussing the need for in 2011, after the deal, it was a com- rise today on a matter that has become these efforts at the DSCC, a Demo- pletely different story. The Senate re- very close to my heart; and that is, cratic campaign arm. In addition, Big jected the same amendment 45 to 55, honoring Raoul Wallenberg with the Pharma—the biggest pharmaceutical with only 29 Senate Democrats voting Nation’s highest civilian award, the companies—offered $80 billion in pay- yes—again, 14 Senate Democrats hav- Congressional Gold Medal of Honor. I ment reductions and other parts of ing switched their votes, doing a com- urge my colleagues to support confer- health care financing in order to again plete flip-flop from 2009. ring this honor on Mr. Wallenberg, and secure their top priority: killing, in So I believe the facts are in. Inves- I am grateful that we already have 71 their mind, hopefully forever, re- tigations, e-mails, and other crystal- of my colleagues from every part of the importation. clear evidence, including those votes political spectrum supporting our ef- In June President Obama’s top White and vote switches, make it very clear forts. House health care adviser, Nancy-Ann there was a backroom deal worth bil- During World War II, Raoul DeParle, wrote to PhRMA that the lions of dollars to Big Pharma and Wallenberg chose to leave his life of Obama administration had ‘‘made [the] worth a lot politically to the Obama ease in Sweden for a diplomatic assign- decision, based on how constructive White House. That deal, as evidenced ment in Hungary, which was then an you guys have been, to oppose importa- by these communications and quotes ally in Nazi Germany. His assignment tion.’’ Later, after that, PhRMA lob- and e-mails, was very clear. was the result of a recruitment effort byist e-mails confirm the deal and spe- Big Pharma said: We will help you by the United States War Refugee cifically highlight a conversation a pass ObamaCare. We will give you $70 Board and the Office of Strategic Serv- PhRMA lobbyist had with White House million in advertising money. We will ices to try to save the remaining Hun- Deputy Chief of Staff Jim Messina. The help lower costs so you can brag that garian Jews from the Holocaust. PhRMA lobbyist wrote: ObamaCare is, through some smoke In his effort, Mr. Wallenberg suc- Confidential. [White House] is working on and mirrors accounting, actually sav- ceeded beyond anyone’s expectations. some very explicit language on importation ing money when it is not. And, in ex- He provided Swedish passports for to kill it in health care reform. change, you kill reimportation, which thousands of Jews, which literally In August 2009 PhRMA’s top lobbyist would lower prices on us and hurt our made the difference between life and at the time, Billy Tauzin, made it crys- profit margin. And the White House death. Mr. Wallenberg rented 32 build- tal clear as well when he said: said: Absolutely, we agree. ings in Budapest, raised a Swedish flag, We were assured . . . you will have a rock- Senator Obama was full bore for re- and declared them protected with dip- solid deal. importation. Candidate Obama cam- lomatic immunity. Within these build- The tragedy of all this is they appar- paigned on the issue and was very ings, he housed, protected, and saved ently did have a rock-solid deal be- strong and vocal about it. President almost 10,000 precious lives.

VerDate Mar 15 2010 02:12 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.028 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4851 Mr. Wallenberg’s bravery and his will with businesses, and I have particu- The bill clerk proceeded to call the to act are shining examples to us all. larly hosted roundtables focused on roll. According to eyewitnesses, Mr. women-owned businesses. I have been Mr. KYL. Mr. President, I ask unani- Wallenberg once climbed onto the roof to restaurants, I have been to book- mous consent that the order for the of a train with Jews departing for stores, I have been to recyclers, I have quorum call be rescinded. Auschwitz, handing them protective been to incubators, I have been to The PRESIDING OFFICER. Without passes through the doors. Amid threats home stores, all businesses created by objection, it is so ordered. from the guards, he then marched doz- women all across New York State. Mr. KYL. Mr. President, yesterday ens of those with passes to safety in a Women-owned businesses are among the Senate voted by a wide margin to diplomatic convoy. As the Nazi front the fastest growing sector within the proceed to Leader REID’s Small Busi- was collapsing and Adolf Eichmann small business economy. More than 10 ness Jobs and Tax Relief Act. moved to kill all the remaining Jews in million businesses are owned by Everyone in this Chamber claims to Budapest, it was Mr. Wallenberg who women, employing more than 13 mil- support both small businesses and tax helped thwart that plan by threatening lion people and generating nearly $2 relief, and Republicans know the best Hungarian leaders with the promise of trillion worth of sales in 2008 alone. way to do that is to stop the $4.5 tril- hanging for war crimes if they carried Even though women-owned businesses lion tax hike that looms over the econ- out the plot. start their businesses with about eight omy, and it is crippling job creators. Sadly, and selflessly, Mr. Wallenberg times less capital than their male Fortunately, there is an easy way to was later taken prisoner when the So- counterparts, in the decade from 1997 solve the problem: Vote on and pass viet Army liberated Budapest from the to 2007, women-owned businesses added amendment No. 2491, introduced by 1 Nazis, and it is presumed that he died roughly ⁄2 million jobs to our economy. Senators HATCH and MCCONNELL and in a Moscow prison. That is the kind of growth we need cosponsored by myself and several col- This hero’s willingness to risk his right now. That is the kind of spark leagues. own life for others exemplifies his out- that could actually make a difference. The amendment is simple. It pre- standing spirit, his dedication to hu- And we could do our part right here in vents the looming expiration of the manity, and the responsibility for all Congress this week. It is time to end 2001 and 2003 tax relief for 1 year, and of us to speak out against atrocities. all the political posturing. It is time to lays out specific conditions for His enduring legacy lives on in the come together around commonsense progrowth tax reform in the coming countless descendants of those he core ideas, such as giving these busi- months. It is similar to the approach saved, the lives of New Yorkers such as nesses the tax breaks they need to the House will take later this month. Peter Rebenwurzel, a New York City grow. In other words, the Hatch-McConnell resident whose late father helped Jews We shouldn’t wait another day to amendment stops income tax rates in the Budapest ghetto, and whose fa- eliminate capital gains on investments from rising. It stops capital gains and ther-in-law only survived because of in these small businesses. We should dividends rates from rising. It stops the Mr. Wallenberg’s heroic efforts. extend the tax breaks for businesses job-killing death tax from rising and I wish also to take this moment to that allow them to invest in new prop- the related exemption from falling. recognize Andrew Stevens, who was an erty, plants, or equipment and take And it prevents the alternative min- active member of the Jewish under- those deductions upfront. We should imum tax from engulfing millions ground during the Holocaust who give them incentives to hire those new more middle-income Americans. worked bravely alongside Mr. employees. It is our responsibility as It is an amendment that would pro- Wallenberg to save Jewish lives. lawmakers to do this kind of work to- tect our economy more than any debt- As we move to award Raoul gether, in a bipartisan way, one that financed stimulus bill or other kind of Wallenberg with this Congressional can set aside the political gamesman- short-term tax credit that the Obama Medal of Honor upon the centennial of ship. administration could dream up. It is an his birth, we pay tribute to an extraor- I know, just as women-owned small amendment that, given the history of dinary man whose life should serve as a businesses are ready to lead us to last- bipartisan support for tax relief in this shining example of leadership and ing economic strength and growing Chamber, should pass the Chamber courage for all future generations to economy, the women of the Senate are come. today. there to support them. Democrats and To be clear, stopping these tax hikes Mr. President, I wish also to address Republican women have come together the second issue of something we have for 1 year is not a perfect solution. My around this bill in a bipartisan way to preference is to continue the current been debating on the floor all morning, urge our colleagues to support it. rates as we move toward comprehen- and that is the issue of jobs and what These tax provisions provide relief to sive tax reform for both individuals this Congress is doing to help our small the self-employed, to small businesses businesses grow. in their capital investments, and en- and corporations. But let’s be clear I rise in support of the Landrieu- courage new investment. They work about what the other options are. First, we could let the top two mar- Snowe amendment and the underlying hand in hand with other tax credits bill. These two proposals will address that encourage new hires and wage in- ginal tax brackets increase from 33 and what every American expects us to creases. The combination of these 35 percent to 36 and 39.6 percent respec- take on; that is, coming together to things will harness their full potential tively. That is what President Obama create jobs, help our economy grow, for our American businesses to grow. and Leader REID wish to do. and focus squarely on creating oppor- We know these proposals are effec- That strategy means that almost 1 tunities for our middle class to thrive. tive. They helped boost private sector million business owners will be hit All across my home State of New York, job creation over the past 2 years. But with a massive tax increase on New too many middle-class families are we all know there is so much more we Year’s Day. And that is according to continuing to struggle in this very have to do, and we can start by renew- the nonpartisan Joint Committee on tough economy. ing these commonsense steps to unlock Taxation. That strategy means 53 per- Of course, the government doesn’t the power of our small businesses. cent of business income will be sub- create any jobs. Businesses create jobs These aren’t Democratic ideas; they jected to a tax hike in order to fund and ideas, and people create jobs, espe- are not Republican ideas; they are just the historic levels of spending from the cially small businesses. Small busi- good ideas. They are good, common- current administration. The strategy nesses have been responsible for at sense ideas that can make a difference. guarantees more jobs will be lost, that least 60 percent of all new jobs that We should be able to come together to unemployment will stay high, and that have been created, and small busi- do this for the American people to cre- economic growth will remain sub par. nesses can give us the spark we actu- ate a growing economy again. Let me repeat that. Over half—53 per- ally need to create a growing economy Mr. President, I yield the floor and I cent—of all business income would be and a thriving middle class. suggest the absence of a quorum. subjected to this tax increase. I have spent months going all across The PRESIDING OFFICER. The If we do nothing, the current code ex- New York State having roundtables clerk will call the roll. pires and Americans will see over $4.5

VerDate Mar 15 2010 02:12 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.030 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4852 CONGRESSIONAL RECORD — SENATE July 11, 2012 trillion taken from the private sector (The remarks of Mr. WEBB pertaining I am glad to see them recognized this over the next decade. This will help to the introduction of S. 3372 are lo- morning, and as a Vermonter, I am ex- push us into a recession next year, ac- cated in today’s RECORD under ‘‘State- traordinarily proud of our Vermont Na- cording to the Congressional Budget ments on Introduced Bills and Joint tional Guard, both our Army Guard Office. For any Member of this Cham- Resolutions.’’) and our Air Guard. They do all the peo- ber who cares about job creation and Mr. WEBB. I yield the floor and sug- ple of our State proud. economic recovery, these two options gest the absence of a quorum. Mr. President, I wish to speak on an- should be unacceptable. They certainly The PRESIDING OFFICER. The other matter, and I ask as in morning were for President Obama in 2010. Less clerk will call the roll. business. than 2 years ago, when President The legislative clerk called the roll. Mr. LEAHY. Mr. President, I ask The PRESIDING OFFICER. Without Obama signed legislation into law pre- objection, it is so ordered. venting taxes from going up on any unanimous consent that the order for Mr. LEAHY. Mr. President, small American, he noted that tax hikes, and the quorum call be rescinded. The PRESIDING OFFICER (Mr. businesses and working families I am quoting here, ‘‘would have been a UDALL of New Mexico). Without objec- throughout Vermont and around the blow to our economy just as we are tion, it is so ordered. country are facing incredibly chal- climbing out of a devastating reces- Mr. LEAHY. Mr. President, what is lenging times. These problems are es- sion.’’ the current parliamentary situation? pecially acute in my State, where we Evidently, 40 Senate Democrats The PRESIDING OFFICER. The Sen- agreed with the President since they rely so heavily on small businesses to ate is postcloture on the motion to pro- create jobs for our citizens and to too voted to stop taxes from increasing ceed to S. 2237. in 2010. What is the difference now? Our make Vermont the desirable place to Mr. LEAHY. I thank the distin- live and to visit that it is. economy is in worse shape, growing guished Presiding Officer, the Senator The Federal Government has rightly now at less than 2 percent. At that from New Mexico. time it was 3 percent. So there is even recognized the important role small VERMONT NATIONAL GUARD businesses play in our economy. From more reason not to raise taxes now Mr. President, let me begin by noting than there was in 2010 when the Presi- SBA loans, to USDA Rural Develop- that this morning, while watching ment grants, to small business set- dent thought it was a bad idea. ‘‘The Today Show,’’ I saw a piece about I want to echo the sentiments of Sen- asides on government contracts, a vari- the Vermont National Guard. We have ety of targeted Federal programs join ator MCCONNELL this morning. Even called them the Green Mountain Boys though the President’s plan is bad for with small businesses to help them from the time of Ethan Allen. It was grow and prosper. the economy, we should vote on it and fascinating to watch Savannah Guth- we should vote on the Hatch amend- rie, who is one of the anchors of the This Congress has enacted several ment today. Let’s show the American morning program ‘‘The Today Show.’’ job-creating steps. Just last year, I was people where we stand. A unanimous Her brother is a colonel with the able to lead the effort here in the Sen- consent agreement to do just that was Vermont National Guard who flies F– ate to enact a major overhaul of our blocked this morning by the majority 16s. She got to ride on the plane with Nation’s outdated patent laws. The leader even though President Obama her brother, which I thought was re- Leahy-Smith America Invents Act is said the following 2 days ago: markable. I had the opportunity to fly going to create jobs, but also, and very So my message to Congress is this: Pass a with them before. For those of us who importantly, it is going to help unleash bill. I will sign it tomorrow. Pass it next are usually confined to flying on air- more American innovation, and it does week; I’ll sign it next week. Pass it next— lines, this is a little bit different, both not add a penny to our deficit. In fact, well, you get the idea. in takeoff, visibility, and maneuvers. I last year Vermont was awarded more We should follow President Obama’s have never been on a commercial air- patents per capita than any State in suggestion. We should vote on these plane where I was pulled anywhere the Union. Of course, those patents proposals. Let’s vote on his proposal. from 5 to 9 Gs, as that flight was. mean more jobs for Vermonters. Let’s vote on Senator HATCH’s pro- I was glad to see not only Colonel And 2 weeks ago we made further posal. Senator HATCH’s proposal will Guthrie recognized, but also all the progress by passing a transportation stop taxes from going up on any Amer- men and women of the Vermont Na- funding bill that will make vital in- ican. The other one will burden nearly tional Guard. This is a group who, in vestments in our Nation’s roads, 1 million business owners with job-kill- the hours after 9/11—the tragedies of 9/ bridges, and transit systems, and a stu- ing higher taxes. I think Americans de- 11—immediately took to the air and dent loan bill that will lower the costs serve to know where their elected offi- guarded the skies over New York City. of college borrowing for thousands of cials stand on these critical issues. I recall when our adjutant general students and their families. Mr. President, I suggest the absence called me to tell me that the Green I might say, these student loans are of a quorum. Mountain Boys were protecting New extremely important. I remember the The PRESIDING OFFICER. The York City around the clock. one I had when I was in law school—a clerk will call the roll. I asked her: Where are you basing 10-year loan. Two things happened the The bill clerk proceeded to call the them from? year of that last payment, that 10th roll. She said: Vermont. payment on my student loan from law Mr. WEBB. Mr. President, I ask I said: Well, how long does it take school: first, the satisfaction my wife, unanimous consent that the quorum you to get to New York City? Marcelle, and I had in paying off the call be rescinded. She told me: With the after burners, loan, and second, it was that same year The PRESIDING OFFICER. Without a matter of minutes. I was sworn into the U.S. Senate. I objection, it is so ordered. I have never been quite able to make wonder if I would have been here had The Senator from Virginia. that flight on a commuter plane from Mr. WEBB. Mr. President, I ask to Burlington, VT, to New York City. But we not had the money to pay for speak on an amendment I have sent to they can be refueled in midair. school. the desk. Everybody, whether on vacation or But I think we can and must do more The PRESIDING OFFICER. Amend- not, showed up at the Vermont Na- to help our struggling small businesses ments are not in order at this time, but tional Guard—our mechanics, flight ad- and working families. it can be submitted. ministrators, and pilots, of course. That is why I strongly support the Mr. WEBB. Mr. President, I ask to They kept those planes going around bill before us today that will provide speak on the bill I send to the desk. the clock for weeks. They did not miss small businesses with tax incentives to The PRESIDING OFFICER. The a single day of their mission, or a sin- begin hiring again. The bill is a measure will be appropriately referred. gle minute of their mission—even with multipronged strategy for spurring job Mr. WEBB. Thank you, Mr. Presi- all the calibration of weapons and creation. First, it would create a tax dent. I thank the Parliamentarian for radar and everything else. It was a re- credit for businesses to hire new work- that clarification. markable scene. ers or increase wages for their current

VerDate Mar 15 2010 01:21 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.032 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4853 workers. In other words, instead of say- someone, and sitting on their hands hurdles in leaving abusive relation- ing that we just give a tax break to ex- waiting for things to change. Extend- ships. Active community networks are traordinarily wealthy people and some- ing this provision alone is reason needed to provide support to victims in how jobs will be created, we say: Let’s enough to pass the bill. these circumstances, yet budget cuts see the jobs. Show me the jobs. Show This bill is full of a million other rea- result in fewer available services, such me the jobs. If you have a tax credit for sons why we should be working with all as emergency shelters, transitional businesses that hire new workers or in- the determination we can muster and housing, and counseling. crease wages for their current workers, promptly pass it. Pass it now when the Late last month, I had the oppor- then that is a good use of our Tax Code. economy needs it. It is a good, solid tunity to speak at the VAWA National Second, it would allow businesses to reason for each of the jobs it would cre- Days of Action rally, where survivors immediately write off all of the major ate for working families and businesses and professionals in the field—those purchases they make this year. That is all over America. who have dedicated their lives to help- a tangible incentive for new invest- I urge all Senators to work without ing victims all over the country—gath- ments and new hires, right away. delay on this important legislation. ered together to send Congress a mes- I do not support this bill just because Businesses in each of our 50 States are sage. They told me they are very frus- the President supports it, or the Demo- waiting for us to lend another helping trated by the lack of progress in pass- cratic leader supports it, or most of the hand to the economic recovery act. ing VAWA, and rightfully so, because Members of my side of the aisle sup- VIOLENCE AGAINST WOMEN REAUTHORIZATION they and the victims they serve are the port it. They all do stand behind this ACT ones who are affected by Congress’s in- effort, and I am grateful for that. I sup- Mr. President, it has been nearly 3 action. They were so inspired when this port this bill because I have heard from months since the Senate passed the bi- body came together and 68 of us voted small business owners in Vermont, partisan Leahy-Crapo Violence Against to pass it. Now they ask when are we Democratic and Republican alike, who Women Reauthorization Act—3 going to finish. tell me they would make capital im- months. We are no closer to enacting Their message to Congress was loud provements and put people to work im- this bill into law than we were in April and clear: Do your job. Pass VAWA mediately if this bill were signed into when 68 Senators, Republican and now. Supporting the work of these tire- law. And I suspect the same would be Democratic Senators alike, voted for less advocates, and the victims they true in virtually every other State in this critical legislation to protect help, should be our priority. Victims should not be forced to wait this country. women from domestic and sexual any longer. They will not benefit from On the shores of Lake Champlain, in abuse. the improvements we made in the Sen- the northern border town of Highgate, I am concerned that politics threat- ate bill unless both Houses of Congress VT, sits one of America’s most genuine ens to get in the way of passing this critical legislation this year. Pro- vote to pass this legislation. The prob- and beautiful family resorts: the Tyler lems facing victims of domestic and Place Family Resort. Year after year, tecting every victim of domestic and sexual violence should be above poli- sexual violence are too serious for Con- families flock to the resort to spend gress to delay. Domestic and sexual vi- time with their families, swimming tics. Members of Congress in both Chambers, set aside the political rhet- olence knows no political party. Its and boating and enjoying a summer victims are Republican and Demo- campfire. It is the kind of place that oric. Act swiftly to reauthorize this landmark legislation and save count- cratic, rich and poor, young and old. As draws the same families year after I said so many times, a victim is a vic- less lives. year, where multigenerational families tim is a victim. Helping these victims, take time to enjoy each other’s com- Time is running out. There are only a few weeks left in this session before all of these victims, should be our goal. pany as well as the great food and the I yield the floor, and I suggest the ab- election-year politics take over and magnificent views. It is easy to forget, sence of a quorum. especially when you are sitting there Congress comes to a standstill. There The PRESIDING OFFICER. The watching the sunset over the beautiful, are critical improvements in the clerk will call the roll. great big Lake Champlain, that it is Leahy-Crapo reauthorization bill that The assistant legislative clerk pro- one of the millions of small businesses will not take effect unless Congress ceeded to call the roll. that keep America’s economy moving acts. We cannot simply say: Well, if we Mr. WHITEHOUSE. Mr. President, I forward and Americans at work. do not enact it, maybe we can do it ask unanimous consent that the order Last year I heard from the owners of next year or the year after. There are for the quorum call be rescinded. the resort, including Pixley Tyler Hill, a lot of major programs that can only The PRESIDING OFFICER. Without a dogged advocate for Vermont, for be enacted in this bill, not in appro- objection, it is so ordered. Vermont’s tourism industry, and for priations, not any other way. Mr. WHITEHOUSE. Mr. President, I Lake Champlain, about their interest Sexual assault programs will not re- ask unanimous consent to speak as in in seeing an extension of the bonus de- ceive the added support they need un- morning business. preciation provision that expired in De- less we pass our bill into law. The leg- The PRESIDING OFFICER. Without cember. islation’s emphasis on increasing hous- objection, it is so ordered. Her brother Ted Tyler summed it up ing protection for victims and pre- CLIMATE CHANGE by saying: venting homicides connected to domes- Mr. WHITEHOUSE. Mr. President, we These changes in the tax law make all the tic and sexual violence will not have an were here two winters ago, in Feb- difference in the world in decisions whether opportunity to help vulnerable victims ruary, when Washington was hit by a to spend money, and thereby stimulate the across the country. Important im- snowstorm that achieved the nickname economy and increase employment in the provements in campus safety and pre- Snowmageddon. The city and, in fact, process. For example, consider a resort de- vention programs for teens will not much of the mid-Atlantic was buried ciding whether to add tennis courts, put in a occur. Immigrant victims, Native under feet of snow. It was the biggest new sewer system, upgrade roads or do major women, and LGBT victims will con- snowstorm in 90 years for this area. landscaping work—say, at an anticipated tinue to remain without the services People in Washington were struggling cost of $300,000. Absent bonus depreciation the company will have paid $300,000 but it and protection they need and deserve. to get to work and school, and people can only deduct $20,000 that year as an ex- The legislation is too important to went without power for days. pense for tax purposes. True enough that wait. I hear from victims and the pro- This being Washington, some of our over the next 14 years, the business can con- fessionals who work on their behalf. colleagues in the Senate seized on that tinue to write off $20,000. But how many They say they need the improvements opportunity to mock climate change small businesses can afford to wait that long made by the Leahy-Crapo bill and they and to suggest these winter snow- to recoup the $280,000 they no longer have? need them today. storms were inconsistent with the pro- Pixley and Ted had me sold the The legislation is particularly impor- jections of what would happen from minute they explained that this tax in- tant during difficult economic times global warming and climate change. As centive was the difference between because the economic pressures facing an initial matter, that is a false com- making new investments and hiring many Americans can pose additional parison from the very get-go all by

VerDate Mar 15 2010 02:03 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.035 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4854 CONGRESSIONAL RECORD — SENATE July 11, 2012 itself. Climate science models have pre- The Bloomberg news recently wrote a ‘‘snowmageddon,’’ so-called, here in dicted consistently that as polar ice- story entitled ‘‘U.S. Corn Growers Washington. These things are begin- caps and glaciers melt and more water Farming in Hell as Midwest Heat ning to have an effect as real life be- enters the system, we can expect heav- Spreads.’’ The story reported that corn gins to model what the climate sci- ier precipitation events. One of the crops are in the worst condition since entists predicted. ways it has been described is that if 1988 and that 53 percent of the Midwest NOAA’s Chief Jane Lubchenco spoke you have a pot on the stove and you is experiencing moderate to extreme before an audience in Australia, which have the heat under it and it is sim- drought conditions. is experiencing very similar conditions, mering, when you turn up the heat, I ask unanimous consent to have and said these extreme weather events you get more activity in the pot. You printed in the RECORD, at the conclu- are convincing many Americans that add energy to a dynamic system like a sion of my remarks, the Bloomberg ar- climate change is a reality. We are see- pot of boiling water, and it creates ticle I have just referenced. ing that more and more. more energy in the dynamic environ- The PRESIDING OFFICER. Without Yale, George Mason University, and ment. objection, it is so ordered. the Knowledge Networks did some poll- In the same way, the extra energy (See exhibit 2.) ing on this subject, and 69 percent of coming in because of climate change, Mr. WHITEHOUSE. It is not just the the respondents said they agreed that our carbon pollution in the atmos- agricultural sector that is getting clob- ‘‘global warming is affecting the phere, is energizing our atmosphere bered by the drought and the heat. As weather in the United States’’ versus and our weather, and we are getting the Presiding Officer, Senator UDALL of 30 percent who said they disagreed. So weather extremes as a result. New Mexico, knows all too well, and to better than 2 to 1 the American people There was an article in Science quote from a New York Times story: are ready for us to do something about Daily, headlined ‘‘Arctic Ice Melt Is Explosive wildfires have burned across this. They know there is a connection Setting Stage for Severe Winters.’’ It much of the west in recent weeks. In south- and they expect us to take responsible says this: western New Mexico, the largest wildfire in action. The dramatic melt-off of Arctic sea ice due state history has burned nearly 300,000 acres. Gallup polls are reflecting a rebound to climate change is hitting closer to home in the public’s concern about climate than millions of Americans might think. Of course, New Mexico is the Pre- siding Officer’s home State, but the ar- change from 51 percent in 2011 up to 55 That’s because melting Arctic sea ice can percent in March of this year. Before trigger a domino effect leading to increased ticle also describes other fires on the odds of severe winter weather outbreaks in loose in Colorado and Utah. the recession, it was all the way up to 66 percent, until the economic issues the Northern Hemisphere’s middle lati- The High Park Fire, which has been burn- tudes—think the ‘‘Snowmageddon’’ storm ing for weeks near Fort Collins and is one of pushed it aside. that hamstrung Washington, DC, during Feb- the largest and most destructive blazes in The contention the polluting indus- ruary 2010. the state’s history . . . tries and their mouthpieces here in Washington make—that the jury is I ask unanimous consent that this ar- The article also mentions that Colo- still out on climate change caused by ticle be printed in the RECORD at the rado had more than half a dozen fires end of my remarks. carbon pollution—is simply false. The burning and said conditions have not The PRESIDING OFFICER. Without jury is not still out. The verdict is in, been this bad in a decade. objection, it is so ordered. the verdict is clear, and we should So we are seeing exactly the kind of (See exhibit 1.) start doing something about it. Mr. WHITEHOUSE. That shows the extreme weather conditions the cli- When I come to the Senate floor to original challenge to climate change mate scientists, whom the deniers have give these talks, I often quote a letter theory, based on the incident of always mocked and made fun of, actu- from back in October 2009 that was Snowmageddon, was like so much that ally predicted. They predicted this signed by virtually every major sci- is said to challenge climate change— would happen, and it is, in fact, hap- entific organization in the country— phony, outright wrong, a misunder- pening. the American Chemical Society, the standing of how it works, and mis- It is clear we can’t take a particular American Geophysical Union, the representing what it shows. storm and say this storm, this fire, this American Meteorological Society, the Scientists have recently published an arti- drought was the product of climate American Society of Agronomy, the cle in Oceanography that demonstrates that change. The example people use to de- Botanical Society of America, the Soil link between climate change and severe win- scribe what is going on is that it is Science Society of American, the ter weather in the northern Hemisphere’s akin to loading dice. The more some- American Statistical Association, and middle latitudes. I think that can be de- one loads the dice, the more the num- bunked as a phony claim against the facts of I could go on and on. The point is not climate change that are surrounding us. bers they have loaded the dice to show to name all the multiple responsible Look around at what is happening now. We up will show up. So we will get more and respected scientific organizations are seeing extreme weather on the other weather events. Even if we don’t load that signed the letter but to read what side. the dice, we are sometimes going to get it was they said. If we think about it, Last week, Eugene Robinson wrote a double sixes. We can’t show every dou- as I read it, think about how cautious Washington Post column that was enti- ble six is because the dice were loaded, scientists ordinarily are in the lan- tled ‘‘Feeling the Heat.’’ He wrote: but when we see more and more double guage they use. Here is what they said: Still don’t believe in climate change? Then sixes showing up—more than history Observations throughout the world make you’re either deep in denial or delirious from would suggest or more than the odds it clear— the heat. would suggest—then something is Clear— He points out that the evidence is going on. That is what we have done by that climate change is occurring, and rig- mounting in irresistible and ultimately loading our atmosphere with carbon orous scientific research demonstrates— irrefutable ways. To quote from his ar- pollution. We have loaded the dice for Not suggests, demonstrates— ticle: these extreme weather events, and now that the greenhouse gases emitted by human The National Oceanic and Atmospheric Ad- we are reaping that bitter harvest from activities are— ministration says the past winter was the the pollution we have thrown up there. Not maybe, are— fourth-warmest on record in the United Unfortunately, the bitter harvest in the primary driver. These conclusions are States. To top that, Spring—which mete- this city is that we continue to listen orologists define as the months of March, based on multiple independent lines of evi- April and May—was the warmest since rec- to propaganda and nonsense from the dence, and contrary assertions are incon- ordkeeping began in 1895. polluters designed specifically to cre- sistent with an objective assessment of the Again, this spring—March, April, and ate enough doubt to prevent us from vast body of peer-reviewed science. May—was the warmest since record- taking action about something that is That is a very ‘‘sciencey’’ way of say- keeping began in 1895. creating these immense consequences ing something that is pretty harsh, He continues: for foresters and firefighters in the which is that all these contrary asser- If you don’t believe me or the scientists, West, for corn farmers in the Midwest, tions about climate change simply can- ask a farmer whose planting seasons have and for anybody who has to experience not be reconciled with an objective as- gone awry. extraordinary weather events like sessment of the facts, of the vast body

VerDate Mar 15 2010 02:56 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.037 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4855 of peer-reviewed research. If it can’t be of those doctors say your daughter is a paper published in the June issue of the reconciled with an objective assess- sick and she needs to be taken care of journal Oceanography. ment, what kind of assessment is it and she needs this treatment. At that ‘‘Everyone thinks of Arctic climate change getting? What it is getting, I submit, is point you say: There is still doubt. as this remote phenomenon that has little effect on our everyday lives,’’ Greene said. a phony assessment, a political, propa- There are these three other doctors ‘‘But what goes on in the Arctic remotely ganda-driven assessment, and an as- who aren’t so sure about this, so I am forces our weather patterns here.’’ sessment with the purpose of creating not going to do it. That is not some- A warmer Earth increases the melting of enough doubt to slow down political thing a responsible parent would do. I sea ice during summer, exposing darker action, to preserve the status quo, and suspect in some circumstances that ocean water to incoming sunlight. This to allow pollution to continue to pour would be so irresponsible that it might causes increased absorption of solar radi- out of these smokestacks. land you in the child and family serv- ation and excess summertime heating of the I speak very specifically about ices office of your local government. ocean—further accelerating the ice melt. smokestacks because Rhode Island is a That is exactly what we are being The excess heat is released to the atmos- phere, especially during the autumn, de- downwind State, and so much of the asked to do about climate change—to creasing the temperature and atmospheric coal pollution that gets piped up into ignore the 97 percent of peer-reviewed pressure gradients between the Arctic and the atmosphere through Midwestern climate scientists who understand this middle latitudes. smoke stacks ends up landing in my is real, this is man-made, and the con- A diminished latitudinal pressure gradient State. It lands in the form of ozone, in sequences are going to be ferocious for is associated with a weakening of the winds particular. There are days in a Rhode us because there is a 3-percent doubt. associated with the polar vortex and jet Island summer that look clear, look It gets even worse because so many of stream. Since the polar vortex normally re- beautiful, and someone can be driving the scientists involved in the 3 percent tains the cold Arctic air masses up above the Arctic Circle, its weakening allows the cold by sparkling Narragansett Bay in the are scientists for hire who have eco- air to invade lower latitudes. morning on their way to work when off nomic ties to the polluting industries. The recent observations present a new goes the radio and the radio jock, in Some of them even go back to previous twist to the Arctic Oscillation—a natural giving the news announcements of the fights, such as those over whether ciga- pattern of climate variability in the North- day, says: Today is a bad air day in rette smoking is good for you or ern Hemisphere. Before humans began warm- Rhode Island. Infants should stay in- whether lead paint is safe for children. ing the planet, the Arctic’s climate system doors. The elderly should stay indoors. These are scientists who have made a naturally oscillated between conditions fa- People with breathing difficulties career of manufacturing doubt on be- vorable and those unfavorable for invasions of cold Arctic air. should stay indoors. half of the cigarette and tobacco indus- ‘‘What’s happening now is that we are This is an otherwise beautiful day. try, on behalf of the lead paint indus- changing the climate system, especially in Yet children, seniors, and people with try, and now on behalf of the big car- the Arctic, and that’s increasing the odds for breathing difficulties should stay in- bon polluters. In a nutshell, they are the negative AO conditions that favor cold doors? Yes, because corporations, phonies, and we are being asked to be- air invasions and severe winter weather out- pumping carbon pollution and other lieve them. breaks,’’ Greene said. ‘‘It’s something to forms of pollution out of their Mid- I see the Senator from Florida is think about given our recent history.’’ western smokestacks, will not clean up here, and I think my time at this point This past winter, an extended cold snap de- their act. So they get to hold Rhode Is- has probably expired. I appreciate the scended on central and Eastern Europe in landers, on a clear summer day, cap- mid-January, with temperatures approach- time to come before this body and ing minus 22 degrees Fahrenheit and snow- tive indoors because they will not share these views again. I will close by drifts reaching rooftops. And there were the clean it up? That is wrong. It is just pointing out if there is one place we record snowstorms fresh in the memories of plain wrong. truly need to worry about climate residents from several eastern U.S. cities, I am going to continue to come to change and about the effects of our car- such as Washington, New York and Philadel- the floor on a regular basis to keep bon pollution, it is not just in our at- phia, as well as many other parts of the pointing this out. For some reason, mosphere, it is not just in the climate Eastern Seaboard during the previous two this has become the issue in Wash- or in the weather, it is in the oceans. years. Greene and Monger did note that their ington that dare not be mentioned. The oceans are undergoing historic Enough of that. It is time we started to paper is being published just after one of the changes as a result of the amount of warmest winters in the eastern U.S. on mention it. It is time we started to carbon in our atmosphere. We are record. force this issue, and it is time we start- acidifying our oceans at a rate that is ‘‘It’s a great demonstration of the com- ed to do something about it because unprecedented. We are now out of a plexities of our climate system and how they any other form of activity faced with bandwidth that has lasted for 8,000 cen- influence our regional weather patterns,’’ these facts would be wildly irrespon- turies—8,000 centuries. Our entire spe- Greene said. sible. cies has developed within a safe band- In any particular region, many factors can Let me give the example I have used width of atmospheric carbon and of have an influence, including the El Nino/La Nina cycle. This winter, La Nina in the Pa- before. You are a parent. You have re- ocean acidity that we have now, for the sponsibility for the welfare and well- cific shifted undulations in the jet stream so first time, stepped out of and a long that while many parts of the Northern Hemi- being of your child. Your child is show- way out of. If we do not take this issue sphere were hit by the severe winter weather ing symptoms. You don’t know quite on in a responsible way, we are going patterns expected during a bout of negative what is wrong, but you take her to the to bear an even more bitter harvest. AO conditions, much of the eastern United doctor and the doctor says: Something EXHIBIT 1 States basked in the warm tropical air that swung north with the jet stream. is wrong here. She needs treatment. [From the ScienceDaily, June 6, 2012] Treatment is not going to be easy, it ‘‘It turns out that while the eastern U.S. ARCTIC ICE MELT IS SETTING STAGE FOR missed out on the cold and snow this winter, will not be cheap, but she needs it. You SEVERE WINTERS think: OK. That is bad news. I tell you and experienced record-breaking warmth (By Anne Ju) during March, many other parts of the what, I am going to be a responsible The dramatic melt-off of Arctic sea ice due Northern Hemisphere were not so fortu- parent and I am going to go get a sec- to climate change is hitting closer to home nate,’’ Greene said. ond opinion. So you go and get a sec- than millions of Americans might think. Europe and Alaska experienced record- ond opinion and that doctor says the That’s because melting Arctic sea ice can breaking winter storms, and the global aver- exact same thing: Your daughter is trigger a domino effect leading to increased age temperature during March 2012 was cool- sick. She needs treatment. So you ask odds of severe winter weather outbreaks in er than any other March since 1999. a couple more doctors who are friends. the Northern Hemisphere’s middle lati- ‘‘A lot of times people say, ‘Wait a second, You get a third and fourth opinion. tudes—think the ‘‘Snowmageddon’’ storm which is it going to be—more snow or more Let’s say you are the most deter- that hamstrung Washington, D.C., during warming?’ Well, it depends on a lot of fac- February 2010. tors, and I guess this was a really good win- mined parent in the world and you go Cornell’s Charles H. Greene, professor of ter demonstrating that,’’ Greene said. ‘‘What out and you get 99 second opinions. earth and atmospheric sciences, and Bruce C. we can expect, however, is the Arctic You contact 100 doctors about your Monger, senior research associate in the wildcard stacking the deck in favor of more daughter’s condition, and 97 of them, 97 same department, detail this phenomenon in severe winter outbreaks in the future.’’

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EXHIBIT 2 forecast for a record 14.79 billion, based on will be 13.52 billion bushels, and that hot, dry [From Bloomberg, July 9, 2012] the average of estimates in the survey. weather in the next two weeks may reduce Goldman Sachs Group Inc. said July 2 that yields further. U.S. CORN GROWERS FARMING IN HELL AS yields will reach 153.5 bushels an acre, below The drought may spark a rebound in global MIDWEST HEAT SPREADS the USDA estimate for an all-time high of food prices this month through October, (By Jeff Wilson) 166. halting a slide that sent costs in June to the The worst U.S. drought since Ronald ‘‘Corn yields were falling five bushels a day lowest level in 21 months, Abdolreza Reagan was president is withering the during the past week’’ in the driest parts of Abbassian, an economist in Rome at the world’s largest corn crop, and the speed of the Midwest, said Fred Below, a plant biolo- United Nations’ Food & Agriculture Organi- the damage may spur the government to gist at the University of Illinois in Urbana. zation, said July 5. make a record cut in its July estimate for ‘‘You couldn’t choreograph worse weather BASE INGREDIENT domestic inventories. conditions for pollination. It’s like farming ‘‘Corn is key because of its widespread use Tumbling yields will combine with the in hell.’’ as a base ingredient in so many foods and for greatest-ever global demand to leave U.S. RECORD CROP its use in feed for livestock,’’ said Stanley stockpiles on Sept. 1, 2013, at 1.216 billion Crouch, who helps oversee $2 billion of assets bushels (30.89 million metric tons), according Even with the drought, U.S. production in 2012 is expected to rise 9.5 percent from last as chief investment officer at New York- to the average of 31 analyst estimates com- based Aegis Capital Corp. ‘‘We are at the tip- piled by Bloomberg. That’s 35 percent below year to a record after farmers sowed the most acres since 1937, the survey showed. ping point.’’ the U.S. Department of Agriculture’s June 12 In May, retail prices of boneless hams, Higher output would help boost inventories forecast, implying the biggest reduction ground beef and cheese in the U.S. were close before next year’s harvest, up from what an- since at least 1973. The USDA updates its to all-time highs set earlier this year, while alysts said will be a 16-year low on Sept. 1 of harvest and inventory estimates July 11. chicken breast jumped more than 12 percent 837 million bushels. Crops on July 1 were in the worst condition during the first five months of the year, gov- Futures fell 2.2 percent on July 6, the most since 1988, and a Midwest heat wave last ernment data show. week set or tied 1,067 temperature records, in two weeks, after the USDA reported a 90 ‘‘When people look at rising prices for government data show. Prices surged 37 per- percent drop in export sales in the week hamburger, butter, eggs and other protein cent in three weeks, and Rabobank Inter- ended June 28. U.S. refiners curbed output of sources from higher corn costs, that’s when national said June 28 that corn may rise 9.9 corn-based ethanol last week to the lowest more money ends up in the food basket,’’ percent more by December to near a record since September as gasoline demand weak- said Minneapolis-based Michael Swanson, a $8 a bushel. The gain is threatening to boost ened, government data show. senior agricultural economist at Wells Fargo food costs the United Nations says fell 15 Corn’s rally also may stall if Europe’s wid- & Co., the biggest U.S. farm lender. ‘‘We percent from a record in February 2011 and ening debt crisis and a faltering global econ- were hoping for a break, and we aren’t going feed prices for meat producers including omy erode record demand for the grain. The to get it.’’ International Monetary Fund will reduce its Smithfield Foods Inc. (SFD) Mr. WHITEHOUSE. I thank the Pre- ‘‘The drought is much worse than last year estimate for growth this year because of weakness in investment, employment and siding Officer, and I yield the floor. and approaching the 1988 disaster,’’ said The PRESIDING OFFICER (Mr. John Cory, the chief executive officer of manufacturing in Europe, the U.S., Brazil, Rochester, Indiana-based grain processor India and China, Managing Director Chris- CARDIN). The Senator from South Da- Prairie Mills Products LLC. ‘‘There are crops tine Lagarde said July 6. kota. that won’t make it. The dairy and livestock ‘‘The shrinking global economy is the ele- Mr. THUNE. Mr. President, are we in industries are going to get hit very hard. phant in the room that no one wants to dis- morning business? People are just beginning to realize the cuss as long as U.S. crops are under siege,’’ The PRESIDING OFFICER. We are in depth of the problem.’’ said Dale Durcholz, the senior market ana- postcloture time. lyst for Bloomington, Illinois-based TOP COMMODITIES HEALTH CARE AgriVisor LLC. ‘‘Corn demand at $5 is much Mr. THUNE. Mr. President, when Corn rallied 18 percent in the month more robust than when it costs $7.’’ through July 6 on the Chicago Board of Congress began debating health care in Trade to $6.93, trailing only wheat among 24 CHANGING EXPECTATIONS 2009, the goal was to lower the cost of commodities tracked by the Standard & Corn tumbled into a bear market in Sep- care and give Americans the care they Poor’s GSCI Spot Index, which rose 2 per- tember and kept dropping as farmers planted need from a doctor they choose. cent. The MSCI All-Country World Index of more crops. Robert Manly, the chief finan- Americans were promised that if cial officer at Smithfield Foods, the largest equities advanced 4 percent, and the dollar they liked the insurance they had and gained 1.3 percent against a basket of six U.S. pork producer, told analysts on a June currencies in the period. Treasuries returned 14 conference call that hog-raising costs the doctor they had, they would be able 0.5 percent, a Bank of America Corp. index would ‘‘begin to decline starting in the fall.’’ to keep the plan and to continue to see shows. Corn for December delivery in Chi- Corn has surged 41 percent since then, reach- the doctor they liked. Americans were cago extended the rally today, jumping 5.3 ing a nine-month high today. promised that the negotiations would percent to settle at $7.30. U.S. corn production may drop to 11 billion be transparent and televised on C– About 53 percent of the Midwest, where bushels, the smallest crop in seven years, be- SPAN. Americans were promised the farmers harvested 60 percent of last year’s cause the hot, dry weather killed the pollen bill wouldn’t add a dime to the deficit, U.S. crop, had moderate to extreme drought and rains now may be too late to reverse the conditions as of July 3, the highest since the damage, according to Cory, the Indiana mill and that it would lower the cost of government-funded U.S. Drought Monitor in owner and a former investment banker. care. Americans were promised their Lincoln, Nebraska, began tracking the data Prices may reach $9 before demand slows, he premiums would go down by $2,500. in 2000. In the seven days ended July 6, tem- said. Americans were promised this Presi- peratures in the region averaged as much as World corn use rose to a record every year dent would not raise taxes on families 15 degrees Fahrenheit above normal. Soil since 1997 as the expanding economy boosted with incomes below $250,000. moisture in Illinois, Indiana, Ohio, Missouri incomes and the consumption of meat and Instead, Congress passed a massive and Kentucky is so low that it ranks in the dairy products from animals raised on the governmental takeover of the health grain. The USDA projected last month a 6.4 10th percentile among all other years since care industry. In the last 2 years, we 1895. percent increase in global demand to 923.39 Fields are parched just as corn plants million tons in the year that starts Sept. 1, have seen that Americans can’t keep began to pollinate, a critical period for de- the biggest gain in six years. More U.S. out- the insurance they had, continue to see termining kernel development and final put went to ethanol production than live- the doctor they like, and are paying yields. About 48 percent of the crop in the stock feed in 2011 for the first time ever. more for health care now than they U.S., the world’s largest grower and ex- VULNERABLE PERIOD would have if this administration had porter, was in good or excellent condition as While the U.S. harvest is about two not pushed through the massive 2,700- of July 1, the lowest for that date since 1988 months away, the drought reached plants at page bill. The law adds billions to the and down from 77 percent on May 18, govern- the most vulnerable period in their growing deficit. And at the end of the day, ment data show. cycle, said Nick Higgins, a London-based an- Americans will find they are left hold- YIELD LOSSES alyst at Rabobank, predicting a 13.488 bil- ing a bag full of empty, broken prom- The USDA may cut its production forecast lion-bushel harvest. ises. by 8.5 percent, the biggest July reduction Based on current soil moisture and June Today I want to focus on the broken since a drought in 1988 led the government to temperatures, the drought is probably the cut its estimate by 29 percent, a separate worst since 1988, said Joel Widenor, a vice promises of taxes. The President Bloomberg survey of 14 analysts showed. president at the Commodity Weather Group pledged not to raise taxes on individ- Farmers probably will collect 13.534 billion in Bethesda, Maryland. The private fore- uals making less than $200,000 and fam- bushels, compared with the USDA’s June caster said July 5 that corn output this year ilies making less than $250,000 per year.

VerDate Mar 15 2010 02:56 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A11JY6.002 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4857 Yet the new individual mandate tax— it more difficult for American families new employees. And according to the which the Supreme Court affirmed as a to pay for their own healthcare needs. Congressional Budget Office, tax increase—will raise $54 billion in These tax increases don’t even take ObamaCare will mean 800,000 fewer jobs new taxes, largely on middle-income into account the new 3.8-percent tax over the next decade. The last 3 years Americans between 2015 and 2022. increase on investment income or the have made it very clear that In fact, according to the Congres- almost 1-percent Medicare surtax that ObamaCare is making our economy sional Budget Office, 77 percent of will be imposed on higher income worse by driving up costs and discour- those projected to pay the tax in 2016 Americans starting in 2013, making it aging job creation. will be those earning less than $120,000 more expensive for small business own- Moving forward, Congress needs to per year. Americans earning less than ers to hire new workers or otherwise start by repealing ObamaCare. We need $120,000 clearly meet the President’s invest in our economy. to repeal ObamaCare and enact com- definition as middle income. These taxes on individuals are in ad- monsense, step-by-step reforms that The Congressional Budget Office pro- dition to the ObamaCare taxes on busi- protect Americans’ access from the jections confirm that at least three out nesses, such as the new medical device care they need, from the doctor they of every four Americans subjected to tax or the tanning tax. We know these choose, at a lower cost. the new individual mandate tax will be taxes on businesses will ultimately be Republicans will not repeat the the same middle-income taxpayers passed through to consumers of health Democrats’ mistakes. We will not rush President Obama promised would not care, driving health care prices even to pass a massive bill the American see their taxes raised by one dime. higher. people don’t support. We need to do In fact, when asked by George In fact, of the $552 billion in new this the right way: No backroom deals Stephanopoulos of ‘‘ABC News’’ in Sep- taxes included in ObamaCare, accord- or 2,700-page bills that no one has read. tember of 2009 if the President rejected ing to the Joint Committee on Tax- the notion that the individual mandate ation and the Congressional Budget Of- This President owes it to Americans was a tax, the President stated, ‘‘I ab- fice, the Joint Economic Committee to admit his broken promises, and to solutely reject that notion.’’ The Presi- has estimated that roughly $250 billion work with Republicans to put in place dent wasn’t equivocal and he didn’t is tax increases that will hit the middle real health care reforms that will actu- leave any room for interpretation. class either directly or through the ally help lower health insurance costs So let’s be clear. This President and health care products they consume. for individuals and families and ensure the Democratic leaders here in Con- In addition to this new national that Americans can get the care they gress sold ObamaCare as if it did not health insurance tax of $1,100 a year need when they need it. contain significant new tax increases and other increases in ObamaCare, The taxes I have mentioned in the on the middle class. Yet what they now Americans will see that health care health care law are going to add up to know what they were selling was an in- costs will continue to rise. a massive tax increase on average ordi- credible bait and switch. They were in Despite the President’s promise that nary Americans. All the analyses that fact enacting $54 billion in new indi- his health care plan would reduce in- have been done by the Joint Com- vidual mandate taxes primarily on the surance premiums, premiums have in- mittee on Taxation, the Congressional middle class by calling it something creased by over $2,200 since Obama Budget Office, and the Joint Economic else. took office, according to the Kaiser Committee come to that very same I would note that this tax increase is Family Foundation. And according to conclusion. larger than the ‘‘Buffett rule’’ tax in- the President’s own Actuary at the This is a tax that is going to hit mid- crease the President has spent much of Centers for Medicare and Medicaid dle-class Americans, notwithstanding the year promoting. Services in a report from this month the President’s promise that he The Supreme Court ruled that the in- on national health expenditure projec- wouldn’t raise taxes on those making dividual mandate is not constitutional tions, premiums under the new health less than $200,000 a year. Seventy-five under either the Commerce Clause or care law will rise faster than if we had percent of that tax burden from that the Necessary and Proper Clause of the done nothing at all. I want to quote individual mandate tax—which is $54 Constitution. So there are only two op- from that report. billion—will hit those making less than tions: Either the individual mandate is In 2014, growth in private health insurance $120,000 per year. a tax—and it happens to be a tax that premiums is expected to accelerate to 7.9 So the whole idea of promises made falls hardest on the middle class—or it percent, or 4.1 percentage points higher than and promises broken I think is the nar- is unconstitutional. in the absence of health reform. rative that has attached itself to this It is estimated that average tax on Think about what is actually being health care reform law. I submit that an American subject to this new tax in- said here. The cost of health insurance the Congress and the President need to crease will be about $1,100 per year. would have gone up a lot less per year work together to repeal this law and to And after paying this tax, these Ameri- had we done nothing than what we did work in a constructive way to put in cans still won’t have health insurance. with this bill, which is to increase place commonsense, step-by-step re- We should not forget that the na- those expenditures for health care by forms that actually will drive the cost tional health insurance tax is not the about 7.9 percent. of health care down for Americans, be- only tax increase in ObamaCare affect- Americans are going to be stuck pay- cause that is the one thing that Ameri- ing individuals. Starting next year, in- ing higher costs for health insurance cans, as they look at the health care dividuals will be able to save less medical devices due to the tax on these economy today, want to see. They money, taxfree, in Flexible Spending sectors that this bill imposes. Accounts to pay for their own Americans know firsthand that we want to know their costs are going to healthcare expenses. Currently, there are going to continue to struggle with go down rather than up, and they con- is no statutory limit on FSA contribu- an economy that is not performing tinue to see these increases in pre- tions, though many FSAs set their own well. The unemployment rate remains miums year over year and that con- limits. Starting next year, ObamaCare above 8 percent for 41 consecutive tinues to affect our economy. will cap the amount Americans can months. On the immediate horizon the The mandates that are imposed upon save in a Flexible Savings Account at American people stare down an enor- employers in this health care law as only $2,500 per year, and ObamaCare mous tax increase, from a health re- well are going to lead to fewer jobs. will limit tax deductions for those with form law they didn’t want and still That is the outcome of this health care the largest health care needs by reduc- don’t want. law. It is higher costs for Americans, ing the medical expense deduction Americans are also seeing this law and it is going to mean fewer jobs for from expenses above 7.5 percent of ad- has impacted our economy. According American workers. justed gross income to expenses above to a recent poll, 48 percent of busi- Coupled with that, we have seen as 10 percent of adjusted gross income. So nesses that are not currently hiring recently as yesterday the President at the very time ObamaCare is driving list the potential cost of health care saying he now wants to raise taxes on up health care costs, it is also making regulations as a reason for not seeking those small businesses in our country.

VerDate Mar 15 2010 02:03 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.041 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4858 CONGRESSIONAL RECORD — SENATE July 11, 2012 The tax he has proposed on those mak- home and show them the same respect This is not just a Federal issue. Many ing more than $250,000 a year, interest- and loyalty they showed us during States are starting to recognize mili- ingly enough, hits 940,000 small busi- their service. tary training when certifying veterans ness owners. Fifty-three percent of the This economic downturn has been es- for State licenses, such as nurses and passthrough income would face higher pecially tough for many of our vet- truckdrivers. I am pleased that the taxes as a result of the proposal he erans as they come back from Iraq and Federal Government will now move in made yesterday. The people who run Afghanistan. The unemployment rate this direction as well. We have already those businesses employ 25 percent of among veterans returning from those passed it unanimously in the Senate; the American workforce. So we are two countries was 9.5 percent in June. likewise, they have passed it in the talking about huge new burdens on our While this is clearly an improvement House. Both bills are down in the oth- economy at a time when we absolutely from last year, and an improvement in er’s respective Chambers. We need to cannot afford it: 41 consecutive months the entire economy over the last cou- go ahead and pass this legislation. of 8-percent or higher unemployment; ple of years, it is still more than a Today I will move for final passage of 23 million Americans either unem- point higher than the national average. the bill, and I know of no objection ployed or underemployed; 5.4 million For our youngest veterans, it is even since we got it out of the Senate unani- Americans who have been unemployed worse—29 percent in 2011. mously. for a long period of time; and the weak- Our servicemembers have already One of the greatest honors I have in est recovery literally since the end of done the toughest jobs out there. They my job is getting to meet and thank World War II. Those are the economic are highly trained and extremely our veterans and current members of circumstances we find ourselves in skilled. We ought to give them as many our military and all of our national se- today, and now we have proposals com- opportunities as possible to succeed curity apparatus. It is up to us to stand ing out of the White House, in addition when they get home. That means when by these folks. Passing legislation to to the burdens imposed by ObamaCare, veterans come back from war, they help employ veterans, such as the Vet- that would lead to higher taxes on the shouldn’t have to do battle with bu- eran Skills to Jobs Act, is one way we very people we look to to get us out of reaucrats. can thank them. I wanted to make a commonsense this economic circumstance, and that suggestion, so I filed a bill—which re- EXHIBIT 1 is our small businesses and entre- cently passed both the House and the THE AMERICAN LEGION, preneurs, all of whom are going to be Senate—to remove some of those bu- OFFICE OF THE NATIONAL COMMANDER, Washington, DC, March 30, 2012. faced with higher taxes because of the reaucratic obstacles in our veterans’ Hon. BILL NELSON, President’s proposals. way and to make it easier for them to We can do better for the American U.S. Senate, Hart Senate Office Building, get occupational and professional li- people. We can get this economy grow- Washington, DC. censes when they get home. The Vet- ing again with commonsense health DEAR SENATOR NELSON: On behalf of the 2.4 eran Skills to Jobs Act is a bipartisan million members of The American Legion, I care reforms, commonsense tax re- bill cosponsored by 17 Senators and would like to express support for S. 2239, the forms, regulatory reforms that lower supported by veterans organizations Veteran Skills to Jobs Act of 2012, which the cost and the burden of doing busi- such as the American Legion. I ask provides for Federal certification of veterans ness in this country, a comprehensive who have been qualified for licensure unanimous consent that the American energy policy that will make sure we through relevant military training. Legion’s commentary on this legisla- are developing our own energy sources With an anemic economy and a downsizing tion be printed in the RECORD. military, it is essential veterans be given the in this country, and getting Federal The PRESIDING OFFICER. Without spending under control. ability to quickly find civilian employment objection, it is so ordered. upon separation from the military. Without We need a smaller Federal Govern- (See exhibit 1.) these types of opportunities, separating mili- ment and a bigger, more robust private Mr. NELSON of Florida. The bill di- tary personnel could add to the unemploy- economy. You cannot do that by con- rects Federal agencies to recognize rel- ment problem currently faced by millions of tinually piling more taxes and more evant military training when certi- Americans. Federal certification and licen- regulations and more mandates and fying veterans for Federal occupational sure of veterans who have received relevant more requirements on the very people licenses. It is common sense. If vet- training will assist in this process of ensur- ing that veterans are able to smoothly and who create jobs. The American people erans have skills learned in the mili- deserve better and we can do better. quickly transition between military and ci- tary, they ought to be able to utilize vilian employment. Matching qualified vet- Mr. President, I yield the floor. those skills, that training, without The PRESIDING OFFICER. The Sen- erans with Federal licenses which require having to go through duplicate train- their expertise is good for veterans, good for ator from Florida is recognized. ing when they get into a specialized ci- the economy and good for the country. ORDER OF PROCEDURE vilian job. If the military training is Again, The American Legion fully supports Mr. NELSON of Florida. Mr. Presi- found to be comparable to the civilian enacting S. 2239 and applauds your leader- dent, as a courtesy to Senator INHOFE, requirements, the veteran would be ship in addressing this critical issue facing I ask unanimous consent that Senator deemed qualified for that occupation. our nation’s veterans and their families. INHOFE be recognized after my re- These are the licenses people need in Sincerely, marks. FANG A. WONG, order to get jobs in the civilian sector. National Commander. The PRESIDING OFFICER. Without I want to give an example. Let’s say objection, it is so ordered. an Air Force or Navy aircraft mechanic The PRESIDING OFFICER. The Sen- Mr. INHOFE. Mr. President, I ask gets out of the service. That veteran ator from Wyoming. unanimous consent that at the conclu- may want to use those skills learned in A SECOND OPINION sion of the remarks by the Senator the military to work in the commer- Mr. BARRASSO. Mr. President, I from Florida the Senator from Wyo- cial airline business. To do so, that vet- come to the floor today, as I do week ming be recognized, and then I be rec- eran must be certified as an aircraft after week, ever since the President’s ognized after the Senator from Wyo- mechanic technician, certified by the health care law has been passed, to ming for up to 35 minutes. Federal Aviation Administration. This offer a doctor’s second opinion about The PRESIDING OFFICER. Is there requires an airframes and powerplant this health care law, which I believe is objection? license from the FAA. bad for patients, bad for providers—the Without objection, it is so ordered. Although the veteran has trained to nurses and doctors who take care of VETERANS UNEMPLOYMENT do this, this highly skilled occupation those patients—and terrible for tax- Mr. NELSON of Florida. Mr. Presi- for our military, what we are seeing all payers. dent, on the battlefield there is a code too often is common sense goes out the We saw the Supreme Court issue its among the military that you don’t window, and that veteran may have to historic decision on the President’s leave anybody behind. That principle go through redundant and expensive health care law. The Court confirmed ought to apply to our returning vet- training to get that airframes and pow- that the individual mandate in the erans as well. It is essential for us to erplant license. Of course, that does President’s health care law is a tax. care for our veterans when they get not make sense. The President said it was not a tax. I

VerDate Mar 15 2010 02:03 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.042 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4859 will just say the Supreme Court con- licitor General even stated that the sense and balance and accuracy which firmed that it is in fact a tax. The deci- Court had an obligation to construe is clearly lacking in the mainstream sion makes it clear that the Internal the mandate as a tax. He said it could media trying to drum up support for Revenue Service, the IRS, will now be upheld on that basis. the global warming hysteria again. play an unprecedented role in Amer- As it turns out, a majority of the Su- I have to say it is like we are back to ica’s health care system. preme Court agreed that the mandate the good-old days. We talked about this That is not something American citi- was constitutional, but only because it for 10 years. There are different people zens have asked for or want, but it is is a tax. In short, the Supreme Court coming up with legislation, the cap- something many American citizens confirmed that the President has bro- and-trade legislation. They found out, fear. Recently, the Associated Press ken his promise to middle-class fami- of course, that the American people re- highlighted this concern in an article lies; and it is the promise that he made alized it was a gigantic tax and there titled, ‘‘Tax Man Cometh to Police You to not raise taxes. In fact, the Presi- were no benefits, so it kind of went by on Health Care.’’ dent’s individual mandate tax will the wayside. But there is a new thing ‘‘Tax Man Cometh to Police You on produce more tax revenue for the gov- happening, and it was interesting be- Health Care.’’ ernment than the so-called Buffett rule cause just last Friday one of the The article points out that the that this administration has been sup- Obama appointees to the National Oce- health care law contains the largest set porting. anic and Atmosphere Association said of tax changes in more than 20 years. While supporters of the health care to the Associated Press: To be specific, according to the Con- law may support using the IRS to scare The wildfires and hot temperatures over gressional Budget Office, there are at people into getting health insurance, the past few weeks will likely convince least 18 separate taxes contained in the most Americans do not think this is Americans that global warming is real. health care law. These taxes are ex- the right policy for our country. Back In other words, they are now trying pected to cost taxpayers more than when Congress was debating this to tie them together. They have never $500 billion over the next 10 years. health care law, the American people tried to do this before because that is The Associated Press points out that were looking for reform, health care re- one of the few things that all experts the IRS is expected to spend over $880 form that would actually lower the agree on: that one isolated case doesn’t million just to implement the law from cost of care, not raise their taxes. They make a case for major changes in the 2010 to 2013, and to do this they are wanted a law that helped train more weather. This is kind of a dangerous going to hire more than 2,700 new gov- doctors and more nurses to take care of game to play because what are they ernment workers. This could be just them, not more tax collectors to look going to say when winter comes and it the tip of the iceberg. According to a into their life and their records. The is going to get cold? As soon as it gets report issued by the House Ways and last thing they want is the IRS breath- cold I can tell you what they are going Means Committee, the Internal Rev- ing down their necks and banging down to say. They are not going to use glob- enue Service may need as many as their doors. But that is what the Amer- al warming; they are going to use cli- 16,500 additional bureaucrats to enforce ican people have gotten through the mate change. the President’s health care law—now President’s health care law, and that is As the season changes, the termi- the President’s health care tax. what they are stuck with unless Con- nology changes, and they will start One of these taxes the agents are gress and the White House repeal and saying just because the temperatures going to be enforcing is something replace this flawed and failed law. are freezing doesn’t mean the planet is called the individual mandate. This is As a physician with 25 years of expe- not overheating—if you follow through the part of the law that forces every rience taking care of families all the double negatives. American to have health insurance. If around Wyoming, I believe there is a My good friend from Rhode Island they do not have it, the law forces better way. We can implement com- commented on the famous igloo. This them to purchase health insurance— monsense reforms in a step-by-step was pretty prominent two summers ago. Let me tell you the story of where and not just any health insurance. No, way that allows people to purchase in- we got to the igloo. As most people no, not at all. They need to purchase surance across State lines, reform med- know, because I brag about it all the government-approved health insurance. ical liability laws, and strengthen This is not necessarily something this time, I have 20 kids and grandkids. State high-risk pools. These simple This happens to be one family. You family thinks is right for them and changes will help lower the cost of care cannot see them as well. It is six of the their needs and their insurance and without forcing millions of Americans most beautiful people we have ever their family. No, that is not good to live in the fear of the Internal Rev- seen. It happens to be my daughter and enough. They have to purchase govern- enue Service. her husband and their family of four That is why I am going to continue ment-approved insurance, and the IRS kids. is going to check on them to make sure to come to the Senate floor and call on Anyway this would have been in Feb- they do. Congress to repeal the President’s ruary 2010. Some of us remember how According to the Congressional Budg- health care law. It is time for Ameri- cold it was during that time. It hap- et Office, 77 percent of those forced to cans to get what they were looking for pens that one of my kids—the only one pay the tax will be people making less in the beginning but do not get as a re- who is adopted is a little girl, an or- than $120,000 a year. President Obama sult of the President’s health care law. phan from Ethiopia, whom we found repeatedly promised he would not raise What they are looking for is the care and nursed back to health. My daugh- taxes on the middle class. Specifically, they need from the doctor that they ter Molly, who had nothing but boys, he promised that no family making choose at a lower cost. adopted this little girl. less than $250,000 a year would see any Mr. President, I yield the floor. Put her picture up there. She is a form of tax increase. The PRESIDING OFFICER. The Sen- pretty little girl. She has become kind Let me just quote. The President of ator from Oklahoma is recognized. of a hero. the United States said: GLOBAL WARMING HYSTERIA Every February I sponsor something I can make a firm pledge. Under my plan, Mr. INHOFE. Mr. President, I have to called the African dinner where about no family making less than $250,000 a year say that I enjoy these second opinions 400 of our friends from Africa come will see any form of tax increase . . . when they come from such a well- over, and we are establishing close, in- The President went on to say ‘‘not known doctor who knows what he is timate relations with them. It happens your income tax.’’ He said ‘‘not your talking about. Quite often we in this that 12 years ago, we found the little payroll tax.’’ He said ‘‘not your capital body are forced to kind of assume we girl who is pictured on the poster. She gains tax.’’ He finished it by saying are experts in every area. It is nice to is now a 12-year-old little girl. She ‘‘not any of your taxes.’’ have a few who really are. I think I reads at college level. She is smart and But when the President’s lawyers don’t say it very often, but I actually she is the main speaker every time we went before the Supreme Court, they learn something when I hear him talk. have this dinner. did just the opposite. They argued that Anyway, that is not why I am here In February 2010, little Zegita Marie this mandate was indeed a tax. The So- today. I hope to help provide some was up here and she brought her whole

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I am sure some here may have no- to talk about global warming, but all So what do you do with a family of six ticed that somebody else tried this last of a sudden they changed it to cooling. when you are snowbound and there is weekend. Last weekend I happened to This was in the New York Times. nothing but snow and ice on the be in the Farnborough Airshow, which They said: ground? You make an igloo. So they I go to every year. While I was at the This summer has been conspicuously dif- did. airshow, I got a call from home telling ferent in New York City, not one 99-degree That is a real igloo. It sleeps four me that they have kind of resurrected day in Central Park. Not a single day that people. I know that; I was in it. It was the igloo, and they were talking about the temperature even approached 90. For just right by the Library of Congress. The that. They were planning a great big the second time in 140 years of record keep- sign on the top said: Al Gore’s new event on The Mall, and in the event ing, the temperatures failed to reach 90 in ei- ther June or July. home. Actually, I think it may have they were going to take the thing, The daily average last month was at or said: Honk if you want global warm- called ‘‘Hoax’’—let me go back to 2003. below normal every day but two. The tem- ing—or something like that. Anyway, In 2003 when I realized and I started perature broke 80 on 16 days in New York. everyone was having a good time. hearing from a lot of the real scientists So it goes on to say that the problem Some of my liberal friends were so that it was a hoax, I made the com- they are having is it is unusually cool. upset. One of them was Keith ment that the notion of catastrophic But that didn’t inure to the benefit of Olbermann. Keith Olbermann, who was global warming is due to manmade an- the alarmists, so that wasn’t used. with MSNBC, designated my daughter thropogenic CO2 and manmade gases. It So it is time to take a trip down Molly’s family of six as the worst fam- is the greatest hoax ever perpetrated Memory Lane. Don’t forget that Time ily in America. Now, there is her hus- on the American people. So that is is the same publication that told us in band who is very prominent in Fay- where ‘‘Hoax’’ came from. 1974 that we should be very concerned etteville, AR. My daughter Molly is a So they had a great big thing made of about the coming ice age. professor at the university. She was ice. Apparently, it was the size of a car. There it is. Every magazine had it. designated as Outstanding Professor of It said ‘‘Hoax’’ with a question mark. Newsweek had the same thing. All the the Year this year. She will be march- They were going to put it out there and other magazines said another ice age is ing out during the homecoming on No- it was going to melt and they were coming, and we are all going to die. vember 3 to accept that award. It is going to make a big issue out of it. Since there is time to do this, I will quite an outstanding family, and the The problem is nobody showed. So mention one thing which is not in my kids are all straight-A students and all what did they do? They felt they notes. Think about how many times of that wonderful stuff. couldn’t do this if there were no cam- this has happened. Let’s look at the So that is the famous igloo. It has eras, so they called it off. They used last 100 years. We will start with 1895. been a long time since we had a chance the excuse that there had been a storm, From 1895 to 1925, we went through a to talk about it. There we have Molly, and they thought this might be offen- 30-year period that was a cooling pe- James, Jase, Luke, Jonah, and Marie sive to people who lost electricity in riod. Everyone back then was saying enjoying that. Believe it or not, that is the storm. Anyway, that thing went another ice age is coming, and we are the worst family in America. under too. all going to die. Well, just after the igloo story broke, So in addition to the recent activity From 1925 to 1945, for that 20-year pe- a reporter by the name of Dana from my alarmist friends, the hot riod, we went through a warming pe- Milbank warned the alarmists. Keep in weather has also brought some of my riod. That is when they coined the mind the terminology we use. Those favorite global warming reporters out phrase ‘‘global warming.’’ That was people who think the world is coming of hiding, and they have been all too way back in the 1930s. From 1945 to 1975 to an end because catastrophic global eager to link today’s weather events to we went into a cooling period. Again, warming is coming is all due to man- manmade greenhouse gases. Of course, we talked about how an ice age is com- made gases, so we need to shut down many of the most outspoken global ing. After that, we went into a warm- America. Those are the alarmists. warming alarmists and scientists have ing period that went up to the turn of The skeptics are people like me, been happy to play along. The impor- the century. Now it is actually going those who look at it and say science tant point is that no one, not even the down into a cooling period again, but has been stripped out by the United most committed alarmist, can claim that was actually a chart. Nations for an ulterior motive. Dana that any percentage of the warm I guess what I am saying is every 20 Milbank has been very much on the weather is due to manmade greenhouse or 30 years, we go through this. We go other side of the issue and warned the gases. I will go into more detail in just through the same hysteria, and every- alarmists to stop using weather to jus- a minute. one goes crazy and says the world is tify global warming because then what This is an inconvenient truth that coming to an end. The interesting do they do when the weather doesn’t global warming reporters have kept thing about this is that the time in cooperate with their predictions of the out of their headlines, and in some world history when we had the greatest melting planet. cases their stories as well. surge of CO2 was right after World War He wrote: Seth Borenstein of the Associated II. That was in 1945, and that precip- In Washington’s blizzards, the greens were Press is a good guy. He is on the other itated not a warming period with all of hoist by their own petard. side of this issue, but he is one of these that CO2, but a cooling period that en- He said: guys I still like. He is one of the most dured for 30 years. Those were the If the Washington snows persuade the prominent global warming reporters. headlines in the paper. greens to put away the slides of polar bears He came out last week with another Now 30 years later, during the height and pine beetles and to keep the focus on na- scary headline proclaiming: ‘‘This US of the global warming movement, they tional security and jobs, it will have been summer is what global warming looks changed their tune. The image that is worth the shoveling. like.’’ sealed in everyone’s mind is the Time But not everyone got that memo. In Some quotes and stories appeared in magazine cover, which we have: ‘‘Be July 2010, the hot summer that fol- Reuters, The Hill, and Politico. Yester- Worried, Be Very Worried.’’ There is lowed the intense blizzards when my day morning Time magazine ran a the last polar bear standing on the last family put up the igloo, Jon Karl of piece by Bryan Walsh with the head- cube of ice. Everything is melting, and ABC News asked me to do an interview line, ‘‘Now Do You Believe in Global we are all going to die. Again, that is outside in the heat. It was obviously an Warming?’’ I was happy to see that Mr. Time magazine. ambush. People who know me well Walsh began his article in Time maga- If I were on the board of directors of know I enjoy ambushes, so I went out zine with a picture of my family in Time magazine, I would probably do

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We recently came across a reported Here is the irony: Their Web site spe- In yesterday’s Tulsa World, there was conference held by a group called Cli- cifically explains that the purpose of an opinion piece that directly ad- mate Communication. This is a very the call is to give reporters a link re- dressed this El Nino and La Nina de- liberal group. As their Web site con- lating hot weather to human-caused bate and how it affects Oklahoma spe- firmed, this call was held to spoonfeed global warming. cifically; that is, my State of Okla- talking points to reporters on how to It states: homa. The editorial mentions an inter- link the heat over the past few weeks Climate Communication hosted a press view in April of 2008 with Tulsa Na- to manmade global warming. conference featuring experts discussing the tional Weather Service meteorologist To his credit, AP reporter Seth connections between extreme heat and cli- Nicole McGavock regarding Okla- mate change. Borenstein asked the most important homa’s record rainfall that month. question of the call. He asked: What But when pressed, they couldn’t McGavock said: percentage of the recent warm weather make the link. Again, Borenstein Don’t go blaming global warming, but can be attributed to manmade gases? I asked a great question, a question that rather blame El Nino’s counterpart, La Nina. want to be completely accurate, so I badly needed to be asked. Unfortu- La Nina happens when the weather is cooler would like to quote in full Borenstein’s nately, none of the information ap- near the equator along the Pacific Ocean. question as well as the answers he got peared in his article for the AP. With- It has nothing to do with global from Dr. Michael Oppenheimer and Dr. out that link, Borenstein was forced to warming. Steven Running, two of the foremost make his article about what global That same opinion piece mentioned global warming alarmist scientists. warming could look like in the future. another article published in December This is what Seth Borenstein said: But in doing so, he left out any men- of 2011 which was about Oklahoma’s Let me try to put you more on the spot, tion of uncertainty expressed by the drought-filled summer of 2011. In it, as- Mike and Steve: I know there’s attribution— scientist. sociate State climatologist Gary you haven’t done attribution studies, but if Borenstein quoted Chris Field, a McManus said: you ballparked it right now and had to put a leading author of the Intergovern- Did this hot summer happen due to global percentage number on this, on the percent mental Panel on Climate Change. That warming? [No.] I think when we study this that the heat wave, the percentage of blame is the United Nations that started this summer, we will find that we would have had you can put on anthropogenic climate whole thing, and they are the ones who the warmest summer regardless of global change, on this current heat wave, and on were stacking the scientists. He is one warming. the fires, what percentage would the two of With all this in mind, it is no wonder you use? of the individuals. According to Field, this report warns of ‘‘unprecedented that when Time magazine asks the Dr. Oppenheimer, who is a scientist, extreme weather events’’ due to global question, ‘‘Now do you believe in global said: warming. But, as usual, Borenstein warming?’’ the answer is resounding: Come on, I’m not going to answer that. failed to mention that even the IPCC, The American people are no longer Yes, I will answer it, and my answer is: I which normally heightens the fear fac- buying it. As the Washington Post re- won’t do it. You know, we have to do things carefully, because if you don’t, we are going tor as much as possible, admitted in cently reported, global warming is no to end up with bogus information out there. that same March report that there is longer an issue of concern for Ameri- People will start disbelieving because you’ll significant uncertainty regarding link- cans, and one of the reasons is that the be more wrong, more often. This is not the ing extreme weather events to human public doesn’t trust those who try to kind of thing I want to do off the top of my causes. use hot weather as proof of global head. Nor do I think it can be done, you Also missing from the article was the warming. The public has clearly grown know, convincingly without really taking— mention of Borenstein’s interview from weary of the alarmists’ fear campaigns. doing careful analysis, so I’ll pass on this climatologist Judith Curry of the Geor- After all, they have been going on for one and see if Steve has a different view. gia Institute of Technology. Fortu- 12 years. Well, Dr. Steve Running said: nately, she was good enough to post Just how bad have things gotten for Well, I already got way too hypothetical her answers on her blog since he didn’t the global warming movement? Well, on my last answer. Yeah, it’s . . . probably use it. Curry explained: one indication is that no one is even really dangerous for us to just lob out a talking about global warming except number. We saw these kinds of heat waves in the 1930’s, and those were definitely not caused for myself and Representative MARKEY Well, this goes on and on and on. I by greenhouse gases. Weather variability over in the House. As a Politico article have all of this down. It is actually all changes on multidecadal time scales, associ- said yesterday, Representative MARKEY in the record at this point, so it is re- ated with large ocean oscillations. I don’t accused Republicans of being silent on dundant. He keeps trying to get them think that what we are seeing this summer the threat of global warming and called is outside the range of natural variability for to say there is a percentage of chance for Republicans to hold hearings. that this warm weather is due to global the past century. In terms of heat waves, particularly in cities, urbanization can also While Representative MARKEY is warming. quick to accuse Republicans of silence, Now, we have to stop for a minute be- contribute to the warming. There was another interesting part of he says nothing about the silence we cause we have seen that Seth are hearing from the Democrats here in Borenstein was asking the inconven- the conference call that I think is worth mentioning. When ABC News re- the Senate. We haven’t heard anybody. ient question. One of the moderators I haven’t heard the term ‘‘global warm- tried to step in and tell the AP re- porter Bill Blakemore asked about the effect of La Nina and El Nino on to- ing’’ coming from any Senator. When porter that his question was a bad one. was the last time anyone heard Presi- Let me quote that one again, Susan day’s hot weather, Dr. Oppenheimer was again uncomfortable about this dent Obama or the Democrats mention Hossel, moderator for the event, said: global warming? In fact, their cam- Seth, most of the scientists I talk to say it question and said it was ‘‘off message.’’ Yet NOAA—that is, the N-O-A-A—came paign has failed so miserably that is a contributing factor and that’s what we President Obama, running for reelec- can say and that it’s really not even really a out yesterday with a different opinion. well-posed question to ask for a percentage, Andrew Revkin of the New York Times tion, is pretending to support oil and because it just—what you’re asking really is explained on his blog: gas to gain votes. The irony is that the President, who for a model to determine the chances of this In a briefing and several postings today, happening without climate change or with the National Oceanic and Atmospheric Ad- came into office promising to slow the climate change and models are not very ministration reviewed the most notable cli- rise of the oceans and all that, has pre- good. mate and weather events of 2011. Many of sided over the complete collapse of the So we see how he responded. He said: these events—from an extreme East African global warming movement. Since

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Last year 64 Senators went on She said: you are going to have cap and trade record as wanting to rein in the Obama I have been completely unconvinced by any and punish the American people with EPA’s global warming regulations. of the arguments . . . that attributes a sin- all of the cost of this and everything We have said several times that there gle extreme weather event, a cluster of ex- else, if they are successful, if that hap- have been numerous bills introduced treme weather events, or statistics of ex- pened, would this reduce the CO2 world- ever since the Kyoto Treaty was never treme weather events to anthropogenic forc- ing. wide? Her answer: No, it wouldn’t. Be- submitted for ratification. That was cause this isn’t where the problem is. Myles Allen, the head of the Climate back in the early 1990s. Ever since that The problem is in China and Mexico Dynamics Group at the University of time, there have been numerous bills and India. One could carry that argu- Oxford’s Atmospheric, Oceanic and that would be cap-and-trade bills and ment on out further and conclude that Planetary Physics Department, said: they have gone down. Each time, they if we have that kind of a regulation in go down by a greater percentage than When Al Gore said . . . that scientists now this country and drive our manufac- the one before did. In fact, if anything, have clear proof that climate change is di- rectly responsible for the extreme and dev- turing base overseas, they would go to they are regressing in their support. places such as China and India where So the far-left environmental com- astating floods, storms, and droughts . . . there are no emissions restrictions, so munity has clearly been instructed to my heart sank. it would have the effect of actually in- keep quiet, although sometimes they I was on ‘‘The Rachel Maddow Show.’’ She doesn’t have Republicans creased CO2. can’t help themselves and they get into Anyway, I appreciate very much trouble, like 350.org that I referred to. on very often. She is one of my favorite Time magazine coming out and bring- They are no doubt assured that if liberals, and I enjoy being on. I found ing up the igloo again. It is a thing of President Obama is reelected, he will out then that Bill Nye, her science guy, beauty, and it is very meaningful to do everything he can to achieve his actually is one—one of the things he me, and I think it told a story that a global warming agenda through regula- states is, don’t fall into the trap of try- lot of people needed to hear, and they tions because the American people ing to say that because somebody is at have heard it now. have rejected legislation. That is what some place that is very, very hot, that somehow that supports global warm- I yield the floor. has happened. Actually, the cost of it, The PRESIDING OFFICER. The Sen- ing. In fact, Dana Milbank, a Wash- which is not controversial—it is be- ator from Colorado. cause people recognize and nobody has ington Post columnist who is a major HEALTH CARE actually refuted the fact that if it were Maddow contributor, said: Mr. BENNET. Mr. President, I thank to pass either by legislation or by regu- When climate activists make the dubious you for the recognition. I come to the lation, it would cost the American peo- claim, as a Canadian environmental group floor to briefly talk about the Supreme ple between $300 billion and $400 billion did, that global warming is to blame for the lack of snow at the Winter Olympics in Van- Court decision on health care. a year. So people now realize that and I was in Colorado last week. We had know we can’t afford to do something couver, then they invite similarly specious conclusions about Washington’s snow . . . a wonderful time traveling across the that really is not going to accomplish Argument-by-anecdote isn’t working. Western Slope of our State. We spent anything. Anyway, the Obama administration That was Dana Milbank, who is real- time in Gunnison County and other is already doing—we have identified ly on the other side of this issue. places. We fished in Hartselle. One right now some $68 billion that he has, So I mentioned that there are three thing people were not talking about through regulations, been able to have things. One is a fact that is incon- there was the Supreme Court decision on all of his climate agenda. So it has trovertible, that people agree on, which on health care. What they were talking already been very expensive. Nobody is is that one or two events aren’t going about was how we get our economy really aware of it, but nonetheless that to reflect climate change or global moving again; how we recouple our is what is happening. He just doesn’t warming. economic growth in this country to job want the American people to know it. The second thing is the cost. Years growth and wage growth again; how we How can he convince them that so ago when the Kyoto Treaty was up, I create a comprehensive and thoughtful much economic pain is necessary now wasn’t sure which way to go. I assumed approach to reducing our deficit and that the global warming movement has the scientists were all together on this, our debt; how we educate our kids for completely lost its trust in the public? only to find out they weren’t. the 21st century; how we build this That would stop some of the usual sus- One thing we did find out when we economy to make sure we leave our pects from continuing to try to drum got a report from several universities, kids with something better than what up global warming hysteria, but we including MIT, was that the cost of we found. In short, they were talking wouldn’t count on Al Gore coming out this, if we were to pass any of the bills, about exactly what people inside the of hiding to help or President Obama would have been between $300 billion beltway are not talking about. saying anything to back him up—at and $400 billion a year. What I always Today the House of Representa- least not now, before the election. do when I hear about billions and tril- tives—I don’t know whether voting has Just the other day, George Mason lions of dollars is I try to, if I can, find started yet—in the wake of the Su- University, I believe it was, did a poll- out how that affects my family and the preme Court decision, is voting to re- ing of all of the 480 TV meteorologists. State of Oklahoma. peal the health care reform bill for the Only 19 percent of them said we are Back when we had the largest tax in- 31st time. They have been successful 30 having global warming due to man- crease in 1993 called the Clinton-Gore times. They have voted to repeal the made gases. Now, that is a major tax increase, they increased marginal bill 30 times, but they feel the need change from before. So the trendline is rates, the death tax, capital gains tax now to do it a 31st time. going back the other way. The polling and all of that, and it was at that time I saw on the TV in my office today has definitely gone the other way. the largest tax increase in three dec- the Twitter traffic that was rolling at Back to last weekend’s failed effort ades. We were all pretty outraged the bottom of the screen. One person to blame hot weather on global warm- about it. Yet that was a $32 billion tax after another announced that they ing, I would like to mention three increase. Here we are talking about a were voting to repeal the health care things on which scientists agree. $300 billion to $400 billion tax increase. bill for the 31st time. First of all, we can’t blame global The last thing I would say is that if I thought about a Facebook post I warming on one event. Let me share we have a tax increase like this, what saw last week from somebody I know with my colleagues what Roger Pelke, do we get for it? in Denver named Mary Seawall. She is professor of environmental studies at I sometimes appreciate—in fact, I al- on the school board there, but she is the University of Colorado, said: ways appreciate the Administrator of not a politician. This is what she wrote

VerDate Mar 15 2010 02:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.048 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4863 the day after the Supreme Court I know there were a lot of people who United States v. Kahriger, 345 U.S. 22, 28, n. 4 reached its decision on health care: were disappointed that the health care (1953). Indeed, the payment is expected to raise about $4 billion per year by 2017. Con- Yesterday’s Supreme Court decision up- bill was declared constitutional by the gressional Budget Office, Payments of Pen- holding the Affordable Care Act came on a Supreme Court, and there were people alties for Being Uninsured Under the Patient hard day for our family. Yesterday after- who said they were going to declare it Protection and Affordable Care Act (Apr. 30, noon, we learned that our 6-year-old Annie unconstitutional, and they did not. 2010), in Selected CBO Publications Related has type 1 diabetes. She and I sat in a doc- So the next day—and really for the to Health Care Legislation, 2009–2010, p. 71 tor’s office crying through her first finger next week—what we heard was, well, (rev. 2010). prick, her first insulin shot. Our life is now different. the bill imposes a tax on the middle Mr. BENNET. What the health care She will have this disease for her entire class of this country, that the Presi- bill was intended to do—and again, it life or until there is a cure. A few years ago, dent broke a promise because he said may not have done it perfectly, and our entire family might have lost our insur- he would not raise taxes on the middle there may be other ideas we ought to ance. She now has a preexisting condition class. be legislating around—what it was in- that likely would have made her uninsurable I want everybody to know what is as an adult. tended to do is solve a problem that being talked about when people talk confronted not 1 percent of the Amer- Mary wrote: about this. They are talking about a ican people, not 4 million people, but a What I am saying is not political; it’s a piece of the legislation called the problem that conservatively—ex- mother’s sigh of relief. health care mandate. Some people call tremely conservatively—affects 50 per- ‘‘A mother’s sigh of relief.’’ it a penalty, and some people call it a cent of the American people and is a When I heard the Supreme Court ruling, I tax. That is something that has been $58.5 billion problem, not a $4 billion was waiting for the call— debated around here for the last week. problem, because it is 50 percent of the ‘‘I was waiting for the call’’— It has not been debated before this. people who are covered today by their to tell me why my baby looked too thin, why I do not care what label you put on employers who have to pay $1,100 a she had to take breaks walking up a flight of it, frankly, because people at home are year in additional premiums to sub- stairs, why she had started wetting her bed. not talking to me about this. Do you sidize the uninsured in the United The ruling means she lives in a country that know why they are not talking to me States of America. That was one of the won’t leave her behind. about this? Because it applies to 1 per- big objectives of dealing with this We are very lucky that we caught this cent—1.2 percent, to be precise—of the early before she lost consciousness or went health care issue. And I say it is con- American people. That is what the servative because this number does not into a coma, something that would have Congressional Budget Office told us likely happened in the next few days. even include the people who are buying I know our luck came from health insur- when we were passing this legislation. insurance on their own. So maybe if ance that allowed her worried parents to And if you do not believe me, it is on you add those numbers together, you take her to the doctor because we had a ‘‘bad page 33—I will not enter the whole get to about 70 percent of the American feeling.’’ Many families, even insured ones, opinion into the RECORD—of the Su- people. can’t do what we did. I was raised on the idea preme Court’s finding of fact, where of ‘‘better to be safe than sorry.’’ Our health So we spent a week on cable tele- Justice Roberts finds as a matter of vision, on the floor of the Senate, occu- care system has been ‘‘better sorry than fact that the CBO said this mandate safe’’ for too long. pied completely with this 1 percent would cost $4 billion and that roughly number over here, with no theory at all Mary goes on to say that this Su- 4 million people would be affected. preme Court decision ‘‘couldn’t have about what we are doing for 50 percent Those are the 4 million people after of Americans. That is how comical this come at a better time, our family’s Medicare and Medicaid and private em- worst day.’’ conversation has become. I should not ployers’ insurance and personal insur- say comical. That is how detached this I hope the folks who are twittering ance that people buy. That is a group about their repeal for the 31st time of conversation has become from what is of people, a sliver, 1 percent of the actually going on in the real lives of this bill rather than working to try to American people who can afford to buy improve it, rather than working to try the people whom I represent and others insurance but do not and choose to pay in this Chamber represent. to fix it, incapable of actually telling the penalty or the tax or the mandate us what they would replace this with, What is so amazing to me, having instead of buying their insurance—$4 watched this as somebody who has not would take a moment to read what a billion; 4 million people. mother in Denver posted on Facebook been around here for very long and Mr. President, I ask unanimous con- may not understand all the ways of last week. sent that the portion of the Supreme I do not think this health care bill Washington, is that when you look at Court Opinion of the Court that I re- the history of this so-called mandate or was perfect, and I said that from the ferred to on page 33 of the opinion be day we passed it. There are issues so-called tax, it is really puzzling to printed in the RECORD. understand the politics around this. around cost, in particular, that I con- There being no objection, the mate- This is a chart, I show you in the tinue to be very concerned with be- rial was ordered to be printed in the Chamber, that is part of an article that cause despite the rhetoric around this RECORD, as follows: place, the reality is that we cannot ran in the New Yorker a couple weeks OPINION OF THE COURT ago called the ‘‘Unpopular Mandate’’ solve our deficit and debt problem The exaction the Affordable Care Act im- without dealing with a restructuring of by Ezra Klein. I ask unanimous con- poses on those without health insurance sent that the article be printed in the how we deliver health care in the looks like a tax in many respects. The United States. Maybe the bill is not ‘‘[s]hared responsibility payment,’’ as the RECORD. perfect, and maybe there are sugges- statute entitles it, is paid into the Treasury There being no objection, the mate- tions that could be made to improve it. by ‘‘taxpayer[s]’’ when they file their tax re- rial was ordered to be printed in the I have my own. I tried, when we passed turns. 26 U.S.C. § 5000A(b). It does not apply RECORD, as follows: the bill, to put a fail-safe in place that to individuals who do not pay federal income [From the New Yorker, June 25, 2012] taxes because their household income is less UNPOPULAR MANDATE—WHY DO POLITICIANS would actually hold this Congress to than the filing threshold in the Internal Rev- REVERSE THEIR POSITIONS? the numbers that it said it would save, enue Code. § 5000A(e)(2). For taxpayers who the dollars that we said we would save, do owe the payment, its amount is deter- (By Ezra Klein) and that if we did not, we had to figure mined by such familiar factors as taxable in- On March 23, 2010, the day that President out how to cut or make other changes come, number of dependents, and joint filing Obama signed the Affordable Care Act into to get there. So there is more work to status. §§ 5000A(b)(3), (c)(2), (c)(4). The re- law, fourteen state attorneys general filed be done. But the thing I find amazing— quirement to pay is found in the Internal suit against the law’s requirement that most and this is why I wanted to come to the Revenue Code and enforced by the IRS, Americans purchase health insurance, on the which—as we previously explained—must as- ground that it was unconstitutional. It was floor—is how far away this conversa- sess and collect it ‘‘in the same manner as hard to find a law professor in the country tion is from the people I represent and taxes.’’ Supra, at 13–14. This process yields who took them seriously. ‘‘The argument what a masquerade so much of this the essential feature of any tax: it produces about constitutionality is, if not frivolous, conversation is. at least some revenue for the Government. close to it,’’ Sanford Levinson, a University

VerDate Mar 15 2010 03:07 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.049 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4864 CONGRESSIONAL RECORD — SENATE July 11, 2012 of Texas law-school professor, told the Wyden’s bill was part of a broader trend of tionalization, mostly just a search for sup- McClatchy newspapers. Erwin Chemerinsky, Democrats endorsing the individual mandate porting evidence.’’ the dean of the law school at the University in their own proposals. John Edwards and Psychologists have a term for this: ‘‘moti- of California at Irvine, told the Times, Hillary Clinton both built a mandate into vated reasoning,’’ which Dan Kahan, a pro- ‘‘There is no case law, post 1937, that would their campaign health-care proposals. In fessor of law and psychology at Yale, defines support an individual’s right not to buy 2008, Senator Ted Kennedy brought John as ‘‘when a person is conforming their as- health care if the government wants to man- McDonough, a liberal advocate of the Massa- sessments of information to some interest or date it.’’ Orin Kerr, a George Washington chusetts plan, to Washington to help with goal that is independent of accuracy’’—an in- University professor who had clerked for health-care reform. That same year, Max terest or goal such as remaining a well-re- Justice Anthony Kennedy, said, ‘‘There is a Baucus, the chairman of the Senate Finance garded member of his political party, or win- less than one-per-cent chance that the courts Committee, included an individual mandate ning the next election, or even just winning will invalidate the individual mandate.’’ in the first draft of his health-care bill. The an argument. Geoffrey Cohen, a professor of Today, as the Supreme Court prepares to main Democratic holdout was Senator psychology at Stanford, has shown how mo- hand down its decision on the law, Kerr puts Barack Obama. But by July, 2009, President tivated reasoning can drive even the opin- the chance that it will overturn the man- Obama had changed his mind. ‘‘I was opposed ions of engaged partisans. In 2003, when he date—almost certainly on a party-line vote— to this idea because my general attitude was was an assistant professor at Yale, Cohen at closer to ‘‘fifty-fifty.’’ The Republicans the reason people don’t have health insur- asked a group of undergraduates, who had have made the individual mandate the ele- ance is not because they don’t want it. It’s previously described their political views as ment most likely to undo the President’s because they can’t afford it,’’ he told CBS either very liberal or very conservative, to health-care law. The irony is that the Demo- News. ‘‘I am now in favor of some sort of in- participate in a test to study, they were told, crats adopted it in the first place because dividual mandate.’’ their ‘‘memory of everyday current events.’’ they thought that it would help them secure This process led, eventually, to the Patient The students were shown two articles: one conservative support. It had, after all, been Protection and Affordable Care Act—better was a generic news story; the other described at the heart of Republican health-care re- known as Obamacare—which also included a proposed welfare policy. The first article forms for two decades. an individual mandate. But, as that bill was a decoy; it was the students’ reactions to ´ The mandate made its political debut in a came closer to passing, Republicans began the second that interested Cohen. He was ac- 1989 Heritage Foundation brief titled ‘‘Assur- coalescing around the mandate, which poll- tually testing whether party identifications ing Affordable Health Care for All Ameri- ing showed to be one of the legislation’s influence voters when they evaluate new cans,’’ as a counterpoint to the single-payer least popular elements. In December, 2009, in policies. To find out, he produced multiple system and the employer mandate, which a vote on the bill, every Senate Republican versions of the welfare article. Some stu- were favored in Democratic circles. In the voted to call the individual mandate ‘‘uncon- dents read about a program that was ex- brief, Stuart Butler, the foundation’s health- stitutional.’’ tremely generous—more generous, in fact, care expert, argued, ‘‘Many states now re- This shift—Democrats lining up behind the than any welfare policy that has ever existed quire passengers in automobiles to wear Republican-crafted mandate, and Repub- in the United States—while others were pre- seat-belts for their own protection. Many licans declaring it not just inappropriate sented with a very stingy proposal. But there others require anybody driving a car to have policy but contrary to the wishes of the was a twist: some versions of the article liability insurance. But neither the federal Founders—shocked Wyden. ‘‘I would charac- about the generous proposal portrayed it as government nor any state requires all house- terize the Washington, D.C., relationship being endorsed by Republican Party leaders; holds to protect themselves from the poten- with the individual mandate as truly schizo- and some versions of the article about the tially catastrophic costs of a serious acci- phrenic,’’ he said. meagre program described it as having dent or illness. Under the Heritage plan, It was not an isolated case. In 2007, both Democratic support. The results showed there would be such a requirement.’’ The Newt Gingrich and John McCain wanted a that, ‘‘for both liberal and conservative par- mandate made its first legislative appear- cap-and-trade program in order to reduce ance in 1993, in the Health Equity and Access ticipants, the effect of reference group infor- carbon emissions. Today, neither they nor Reform Today Act—the Republicans’ alter- mation overrode that of policy content. If any other leading Republicans support cap- native to President Clinton’s health-reform their party endorsed it, liberals supported and-trade. In 2008, the Bush Administration bill—which was sponsored by John Chafee, of even a harsh welfare program, and conserv- proposed, pushed, and signed the Economic Rhode Island, and co-sponsored by eighteen atives supported even a lavish one.’’ Stimulus Act, a deficit-financed tax cut de- In a subsequent study involving just self- Republicans, including Bob Dole, who was signed to boost the flagging economy. Today, described liberal students, Cohen gave half then the Senate Minority Leader. After the Clinton bill, which called for an few Republicans admit that a deficit-fi- the group news stories that had accom- employer mandate, failed, Democrats came nanced stimulus can work. Indeed, with the panying Democratic endorsements and the to recognize the opportunity that the Chafee exception of raising taxes on the rich, vir- other half news stories that did not. The stu- bill had presented. In ‘‘The System,’’ David tually every major policy currently associ- dents who didn’t get the endorsements pre- Broder and Haynes Johnson’s history of the ated with the Obama Administration was, ferred a more generous program. When they health-care wars of the nineties, Bill Clinton within the past decade, a Republican idea in did get the endorsements, they went with concedes that it was the best chance he had good standing. their party, even if this meant embracing a of reaching a bipartisan compromise. ‘‘It Jonathan Haidt, a professor of psychology meaner option. should have been right then, or the day after at New York University’s business school, This kind of thinking is, according to psy- they presented their bill, where I should argues in a new book, ‘‘The Righteous chologists, unsurprising. Each of us can have have tried to have a direct understanding Mind,’’ that to understand human beings, firsthand knowledge of just a small number with Dole,’’ he said. and their politics, you need to understand of topics—our jobs, our studies, our personal Ten years later, Senator Ron Wyden, an that we are descended from ancestors who experiences. But as citizens—and as elected Oregon Democrat, began picking his way would not have survived if they hadn’t been officials—we are routinely asked to make back through the history—he read ‘‘The Sys- very good at belonging to groups. He writes judgments on issues as diverse and as com- tem’’ four times—and he, too, came to focus that ‘‘our minds contain a variety of mental plex as the Iranian nuclear program, the en- on the Chafee bill. He began building a pro- mechanisms that make us adept at pro- vironmental impact of an international oil posal around the individual mandate, and moting our group’s interests, in competition pipeline, and the likely outcomes of brand- tested it out on both Democrats and Repub- with other groups. We are not saints, but we ing China a ‘‘currency manipulator.’’ licans. ‘‘Between 2004 and 2008, I saw over are sometimes good team players.’’ According to the political-science lit- eighty members of the Senate, and there One of those mechanisms is figuring out erature, one of the key roles that political were very few who objected,’’ Wyden says. In how to believe what the group believes. parties play is helping us navigate these de- December, 2006, he unveiled the Healthy Haidt sees the role that reason plays as akin cisions. In theory, we join parties because Americans Act. In May, 2007, Bob Bennett, a to the job of the White House press sec- they share our values and our goals—values Utah Republican, who had been a sponsor of retary. He writes, ‘‘No matter how bad the and goals that may have been passed on to us the Chafee bill, joined him. Wyden-Bennett policy, the secretary will find some way to by the most important groups in our lives, was eventually co-sponsored by eleven Re- praise or defend it. Sometimes you’ll hear an such as our families and our communities— publicans and nine Democrats, receiving awkward pause as the secretary searches for and so we trust that their policy judgments more bipartisan support than any universal the right words, but what you’ll never hear will match the ones we would come up with health-care proposal in the history of the is: ‘Hey, that’s a great point! Maybe we if we had unlimited time to study the issues. Senate. It even caught the eye of the Repub- should rethink this policy.’ Press secretaries But parties, though based on a set of prin- lican Presidential aspirants. In a June, 2009, can’t say that because they have no power to ciples, aren’t disinterested teachers in search interview on ‘‘Meet the Press,’’ Mitt Rom- make or revise policy. They’re told what the of truth. They’re organized groups looking to ney, who, as governor of Massachusetts, had policy is, and their job is to find evidence increase their power. Or, as the psycholo- signed a universal health-care bill with an and arguments that will justify the policy to gists would put it, their reasoning may be individual mandate, said that Wyden-Ben- the public.’’ For that reason, Haidt told me, motivated by something other than accu- nett was a plan ‘‘that a number of Repub- ‘‘once group loyalties are engaged, you can’t racy. And you can see the results among vot- licans think is a very good health-care change people’s minds by utterly refuting ers who pay the closest attention to the plan—one that we support.’’ their arguments. Thinking is mostly just ra- issues.

VerDate Mar 15 2010 02:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A11JY6.011 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4865 In a 2006 paper, ‘‘It Feels Like We’re mandate was Judge Henry Hudson, of Vir- Obama’s law an ‘‘unconstitutional power Thinking,’’ the political scientists Chris- ginia’s Eastern District Court. Hudson was grab from the states,’’ and has promised, if topher Achen and Larry Bartels looked at a heavily invested in a Republican consulting elected, to begin repealing the law ‘‘on Day National Election Study, a poll supported by firm called Campaign Solutions, Inc. The One.’’ the National Science Foundation, from 1996. company had worked with the Presidential Even Bob Bennett, who was among the One of the questions asked whether ‘‘the size campaigns of John McCain and George W. most eloquent advocates of the mandate, of the yearly budget deficit increased, de- Bush, the Republican National Committee, voted, in 2009, to call it unconstitutional. creased, or stayed about the same during the Swift Boat Veterans for Truth, and Ken ‘‘I’d group us’’—Senate Republicans—‘‘into Clinton’s time as President.’’ The correct an- Cuccinelli—the Virginia state attorney gen- three categories,’’ he says. ‘‘There were peo- swer is that it decreased, dramatically. eral who is one of the plaintiffs in the law- ple like me, who bought onto the mandate Achen and Bartels categorize the respond- suits against the Affordable Care Act. because it made sense and would work, and ents according to how politically informed The fact that a judge—even a partisan we were reluctant to let go of it. Then, there they were. Among the least-informed re- judge in a district court—had ruled that a were people who bought onto it slowly, for spondents, Democrats and Republicans central piece of a Democratic President’s political advantage, and were immediately picked the wrong answer in roughly equal signature legislative accomplishment was willing to abandon it as soon as the political numbers. But among better-informed voters unconstitutional led the news across the advantage went the other way. And then the story was different. Republicans who country. Hudson’s ruling was followed by a there’s a third group that thought it made were in the fiftieth percentile gave the right similar, and even more sweeping, ruling, by sense and then thought it through and answer more often than those in the ninety- Judge Roger Vinson, of the Northern District changed their minds.’’ Explaining his deci- fifth percentile. Bartels found a similar ef- of Florida. Vinson declared the entire bill sion to vote against the law, Bennett, who fect in a previous survey, in which well-in- unconstitutional, setting off a new round of was facing a Tea Party challenger in a pri- formed Democrats were asked whether infla- stories. The twin rulings gave conservatives mary, says, ‘‘I didn’t focus on the particulars tion had gone down during Ronald Reagan’s who wanted to believe that the mandate was of the amendment as closely as I should Presidency. It had, but many of those Demo- unconstitutional more reason to hold that have, and probably would have voted the crats said that it hadn’t. The more informa- belief. Voters who hadn’t thought much other way if I had understood that the indi- tion people had, it seemed, the better they about it now heard that judges were ruling vidual mandate was at its core. I just wanted were at arranging it to fit what they wanted against the Administration. Vinson and Hud- to express my opposition to the Obama pro- to believe. As Bartels told me, ‘‘If I’m a Re- son were outnumbered by other district posal at every opportunity.’’ He was defeated publican and an enthusiastic supporter of judges who either upheld the law or threw in the primary, anyway. lower tax rates, it is uncomfortable to recog- out lawsuits against it, but those rulings But, whatever the motives of individual nize that President Obama has reduced most were mostly ignored. politicians, the end result was the same: a Americans’ taxes—and I can find plenty of At the Washington Monthly, Steve Benen policy that once enjoyed broad support with- conservative information sources that deny kept track of the placement that the Times in the Republican Party suddenly faced uni- or ignore the fact that he has.’’ and the Washington Post (where I work) fied opposition—opposition that was echoed, Recently, Bartels noticed a similar polar- gave to stories about court rulings on the refined, and popularized by other institu- ization in attitudes toward the health-care health-care law. When judges ruled against tions affiliated with the Party. This is what law and the Supreme Court. Using YouGov the law, they got long front-page stories. Jason Grumet, the president of the Bipar- polling data, he found that less-informed When they ruled for it, they got shorter sto- tisan Policy Center, a group that tried to en- voters who supported the law and less-in- ries, inside the paper. Indeed, none of the courage Republicans and Democrats to unite formed voters who opposed it were equally cases upholding the law got front-page cov- around policy solutions, calls the ‘‘think- likely to say that ‘‘the Supreme Court erage, but every rejection of it did, and usu- tank industrial complex’’—the network of should be able to throw out any law it finds ally in both papers. From an editorial per- ideologically oriented research centers that unconstitutional.’’ But, among better-in- spective, that made sense: the Vinson and drive much of the policy debate in Wash- formed voters, those who opposed the law Hudson rulings called into question the law’s ington. As Senator Olympia Snowe, of were thirty per cent more likely than those future; the other rulings signalled no change. Maine, who has announced that she is leav- who supported it to cede that power to the But the effect was repeated news stories in ing the Senate because of the noxious polit- Court. In other words, well-informed oppo- which the Affordable Care Act was declared ical climate, says, ‘‘You can find a think nents realized that they needed an activist unconstitutional, and few news stories rep- tank to buttress any view or position, and Supreme Court that was willing to aggres- resenting the legal profession’s consensus then you can give it the aura of legitimacy sively overturn laws if they were to have any that it was not. The result can be seen in a and credibility by referring to their report.’’ hope of invalidating the Affordable Care Act. March poll by the Kaiser Family Founda- And, as we’re increasingly able to choose our Orin Kerr says that, in the two years since tion, which found that fifty-one per cent of information sources based on their tendency he gave the individual mandate only a one- Americans think that the mandate is uncon- to back up whatever we already believe, we per-cent chance of being overturned, three stitutional. don’t even have to hear the arguments from key things have happened. First, congres- What is notable about the conservative re- the other side, much less give them serious sional Republicans made the argument sponse to the individual mandate is not only consideration. Partisans who may not have against the mandate a Republican position. the speed with which a legal argument that strong opinions on the underlying issues Then it became a standard conservative- was considered fringe in 2010 had become thus get a clear signal on what their party media position. ‘‘That legitimized the argu- mainstream by 2012; it’s the implication that wants them to think, along with reams of in- ment in a way we haven’t really seen be- the Republicans spent two decades pushing formation on why they should think it. fore,’’ Kerr said. ‘‘We haven’t seen the media legislation that was in clear violation of the All this suggests that the old model of pick up a legal argument and make the argu- nation’s founding document. Political par- compromise is going to have a very difficult ment mainstream by virtue of media cov- ties do go through occasional, painful time in today’s polarized political climate. erage.’’ Finally, he says, ‘‘there were two cleansings, in which they emerge with dif- Because it’s typically not in the minority conservative district judges who agreed with ferent leaders who hold different positions. party’s interest to compromise with the ma- the argument, largely echoing the Repub- This was true of Democrats in the nineteen- jority party on big bills—elections are a lican position and the media coverage. And, nineties, when Bill Clinton passed free trade, zero-sum game, where the majority wins if once you had all that, it really became a deficit reduction, and welfare reform, despite the public thinks it has been doing a good ballgame.’’ the furious objections of liberals. But in this job—Washington’s motivated-reasoning ma- Jack Balkin, a Yale law professor, agrees. case the mandate’s supporters simply be- chine is likely to kick into gear on most ‘‘Once Republican politicians say this is un- came its opponents. major issues. ‘‘Reasoning can take you wher- constitutional, it gets repeated endlessly in In February, 2012, Stuart Butler, the au- ever you want to go,’’ Haidt warns. ‘‘Can you the partisan media that’s friendly to the Re- thor of the Heritage Foundation brief that see your way to an individual mandate, if publican Party’’—Fox News, conservative first proposed the mandate, wrote an op-ed it’s a way to fight single payer? Sure. And talk radio, and the like—‘‘and, because this for USA Today in which he recanted that so, when it was strategically valuable Repub- is now the Republican Party’s position, the support. ‘‘I’ve altered my views on many licans could believe it was constitutional and mainstream media needs to repeatedly ex- things,’’ he wrote. ‘‘The individual mandate good. Then Obama proposes the idea. And plain the claims to their readers. That fur- in health care is one of them.’’ Senator Orrin then the question becomes not ‘Can you be- ther moves the arguments from off the wall Hatch, who had been a co-sponsor of the lieve in this?’ but ‘Must you believe it?’ ’’ to on the wall, because, if you’re reading ar- Chafee bill, emerged as one of the mandate’s And that means that you can’t assume ticles in the Times describing the case most implacable opponents in 2010, writing that policy-based compromises that made against the mandate, you assume this is a in The Hill that to come to ‘‘any other con- sense at the beginning will survive to the live controversy.’’ Of course, Balkin says, ‘‘if clusion’’ than that the mandate is unconsti- end, because by that time whichever group the courts didn’t buy this, it wouldn’t get tutional ‘‘requires treating the Constitution has an interest in not compromising will anywhere.’’ as the servant, rather than the master, of likely have convinced itself that the com- But the courts are not as distant from the Congress.’’ Mitt Romney, who had both promise position is an awful idea—even if, political process as some like to think. The passed an individual mandate as governor just a few years ago, that group thought it first judge to rule against the individual and supported Wyden-Bennett, now calls was a great one. ‘‘The basic way you wanted

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to put together a big deal five years ago is TRIBUNE OPINION: REFORMS FROM AFFORD- is just the first step toward improving ac- that the thoughtful minds in one party ABLE CARE ACT WILL IMPROVE ACCESS TO cess, and our health care system as a whole. would basically go off and write a bill that CARE Mr. BENNET. Mr. President, I be- had seventy per cent of their orthodoxy and Depending on who you talk to, the U.S. Su- lieve that folks in Colorado have thirty per cent of the other side’s orthodoxy preme Court decision to uphold the Afford- and try to use that to peel off five or six sen- moved on here, that they want us to able Care Act is either a great step toward improve this legislation, that they ators from the other side,’’ Grumet says. improving health care for millions of Ameri- ‘‘That process just doesn’t work anymore.’’ cans or it’s the end of the world as we know want us to get focused on the real mat- The remarkable and confusing trajectory of it. ters at hand, which are getting this the individual-mandate debate, in other But we applaud the court’s decision for economy going again, getting us into words, could simply be the new norm. many reasons. We think the hysteria sur- an environment where we have more I asked Ron Wyden how, if politicians can rounding the Affordable Care Act is gen- jobs and rising wages again, and they so easily be argued out of their policy pref- erally unfounded and while not perfect, the are a lot less interested in these talk- erences, compromise was possible. ‘‘I don’t Affordable Care Act is a step in the right di- ing points. find it easy to answer that question, because rection toward reforming our health care I do not understand why people who I’m an elected official and not a psychia- system. trist,’’ he said. ‘‘If somebody says they sin- The Supreme Court specifically upheld the are in politics can simultaneously cerely changed their minds, then so be it.’’ individual mandate provision, which will make such a big deal about this that But Wyden is, as always, optimistic about eventually require everyone to have health affects 1 percent of the people in this the next bipartisan deal, and, again, he insurance. Those against the measure say it country and at the same time support thinks he knows just where to start. ‘‘To is an example of a government mandate legislation, for example, that forces bring about bipartisanship, it’s going to be aimed at controlling what should be a per- women, that mandates women to have necessary to win on something people can sonal freedom to choose not to carry health procedures before they can make a insurance. see and understand. That’s why I think tax choice about their own reproductive reform is a huge opportunity for the econ- We argue, however, that this really isn’t omy and the cause of building coalitions.’’ that different than being required to carry health. It does not make any sense be- Perhaps he’s right. Or perhaps that’s just auto insurance if you drive a car or being re- cause it is completely inconsistent. what he wants to believe. quired to pay your taxes. It’s something we I have a daughter Anne who is 7, not should all do to be contributing citizens of 6 like Mary’s daughter. But it is her Mr. BENNET. I urge people to read this nation. health care and the certainty in her this because what Mr. Klein does in But even more, those of us who do have in- life and in her sisters’ lives and the this article is chart the political course surance end up paying for those who don’t thousands of children across my State of this mandate from about 1989 to the through higher health care costs. In 2010, North Colorado Medical Center whose health care we should be inter- present. The red shown on the chart is ested in. the years in which this was a Repub- provided more than $71 million in services to indigent patients who didn’t have health in- I can see that other colleagues of lican idea, advanced by Republican surance. It wrote off another $29 million in mine have come to the floor, so I am Members of Congress and by think bad debt. Eventually, insured patients pay going to move along here. But before I tanks like the Heritage Foundation for that, in higher premiums and co-pays. do that and before I yield to the Sen- that actually came up with the idea to This provision isn’t meant to be a punish- ator from Maryland, I want to say that begin with to deal with the fact that ment. Programs are being developed to help those who truly can’t afford medical insur- if this repeal happened in the House there were people in this country who and then this repeal happened in the were not buying health insurance and ance. There are other aspects of the act that are Senate and it were signed into law, whom we were all subsidizing, and then also good, including stopping insurance com- 932,000 Coloradans who have pre- when it became a Democratic idea in panies from denying coverage for people with existing conditions would lose their in- more recent times. ongoing conditions and the provision that surance, 50,000 young adults in Colo- It strikes me as one person watching will allow children to stay on their parent’s rado who can now stay on their par- all of this that this might have more to insurance until they are 26. ents’ insurance until they are 26 would do with the party that is in the White Frankly, in Colorado, where many aspects of the act have already be instituted, the no longer be able to, and women could House or not in the White House than numbers are hard to ignore. According to once again be discriminated against it does with respect to the merits of Gov. John Hickenlooper’s office: simply because they are women. It is the idea. But it is, of course, the merits Because of GettingUsCovered, a high-risk welcome to 696,000 women in Colorado of these ideas that we should be debat- insurance pool, 1,331 people with pre-existing who need maternity care or other wom- ing and talking about. But we should conditions have received coverage. en’s health services who are not going 43,997 more adults have gained health in- not be telling the American people that to be charged higher premiums since something that affects 1 percent of the surance coverage. Nearly 1 million residents of the state with this law is in effect. And when these American people is a broad-based as- private health insurance now have coverage exchanges are set up, 521,000 Colorado sault on the middle class, and we for preventative health care. children will, for the first time, have should be bringing to this floor the Nearly 2 million residents do not have to better vision and dental coverage. ideas we have for improving what 50 worry about lifetime limits on coverage, I want to work in a bipartisan way percent of the American people or 70 freeing those suffering from chronic diseases going forward to try to make sure we percent of the American people are al- such as cancer of the threat of losing their are doing everything we can to follow ready facing. That is what people in coverage, and their ability to receive treat- ments. the examples of places such as St. our States believe. There are many more reforms that are Mary’s Hospital in Grand Junction or Here is part of an editorial from the needed in our health care system. There the University of Colorado Hospital in Greeley Tribune, which I think was needs to be more emphasis on preventative Denver or Denver Health in Denver to published yesterday, where they wrote: care. There needs to be more access to treat- drive higher quality and to drive lower ment for some patients who are suffering In 2010, the North Colorado Medical Center costs. It is essential. It is essential for from chronic illnesses. The skyrocketing our economy, and it is essential for our provided more than $71 million in services to cost of health care needs to be addressed. indigent patients who didn’t have health in- We do believe this act will head the United competitive position in the world. And surance. It wrote off another $29 million in States toward some of those reforms that it is essential that we put these talking bad debt. eventually will be a direct benefit to pa- points down and start actually dealing The Greeley Tribune writes: tients. with the facts as they are. Unfortunately, we also realize this is going With that, Mr. President, I thank you Eventually, insured patients [must] pay for to continue to be a political issue, and that that, in higher premiums and co-pays. for your patience, and I yield the floor. is unfortunate. Access to good health care The PRESIDING OFFICER (Mr. Mr. President, I ask unanimous con- should be a right in this country for every MERKLEY). The Senator from Mary- sent that editorial be printed in the single citizen, regardless of their income land. level. It shouldn’t be a tool for politicians to RECORD. use scare tactics and myths to gain more Mr. CARDIN. First, Mr. President, I There being no objection, the mate- power. thank Senator BENNET for his com- rial was ordered to be printed in the We hope this historic affirmation of the ments as they relate to the Affordable RECORD, as follows: constitutionality of the Affordable Care Act Care Act. I appreciate very much the

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We will lose all that. We actu- class. Fortunately, Jackson’s parents was uphold Congress’s ability to move ally add to the deficit by repealing the found a physician who was able to forward with a plan that will give Affordable Care Act. As the Senator quickly diagnose the condition as every American access to affordable knows, the House changed their rules Tourette Syndrome. Jackson changed quality health care. so they can repeal the bill, even though schools and spent the next few years in I could not agree more with the Sen- it adds to the deficit. treatment, trying various medications ator that we need to do work on this. So I wanted to first thank the Sen- prescribed by his doctors. We need to improve the bill. There are ator for bringing this to the attention Those medicines were somewhat different things we need to work on, of our colleagues as to what is in- helpful. Jackson tried other treat- and Democrats and Republicans should volved. I do think Democrats and Re- ments and clinical trials at Johns Hop- be working together to move forward publicans need to work together. The kins University, where he met Dr. Mat- on the health care debate. one comment I hear more and more thew Specht, a professor of child and I also appreciate the point the Sen- from my constituents is stop the grid- adolescent psychiatry who teaches ator raised that the House of Rep- lock in Washington. Stop debating the children exercises to help control the resentatives—I think it is the 31st time old issues. Let’s move forward. Let’s tics. they are acting on legislation that re- create jobs. Let’s work together. Let’s That technique, cognitive behavioral peals all or part of the Affordable Care get the job done for the American peo- intervention therapy or CBIT requires Act. But their strategy is to repeal the ple. patients to use a great amount of focus law, and they have nothing to move Mr. President, I ask unanimous con- and it does not work for everyone. But forward with. They do not have a plan. sent to speak for 10 minutes as in it did help Jackson control his As the Senator pointed out, if that morning business. squeaks. In the middle school, he en- were to become the case—and it will The PRESIDING OFFICER. Without countered a guidance counselor named not; we are not going to pass it in the objection, it is so ordered. Mrs. Oates who helped change his life. Senate—parents who now have their TOURETTE SYNDROME In Jackson’s words: children on their insurance policy, who Mr. CARDIN. I rise to bring attention She learned as much as she could about TS are 23-, 24-, 25-years-old, would lose to Tourette syndrome, a neurological and helped me learn how to deal with the that opportunity, and parents who can disorder that affects more than 200,000 kids better and talk to teachers about what now get their children covered by in- Americans in the most severe form and was happening. She also gave me a safe place surance who have preexisting condi- as many as 3 million more who exhibit to hang out when things were bad. Through tions would lose that protection. milder symptoms. Tourette syndrome her and a group that my mom started to help The Patients’ Bill of Rights that we or TS is characterized by repetitive in- other families with TS in our area, I made a few friends who understood me better. have incorporated against abusive voluntary movements and vocaliza- practices of private insurance compa- tions called tics. She also helped Jackson develop a nies—so that if someone goes into an The disorder is named for a French presentation for the 6th grade class in emergency room with emergency con- neurologist who in 1885 first described his school. Jackson is now 13 years of ditions, they need to be reimbursed the condition in an 86-year-old woman. age, and in September he will enter the under prudent layperson standards— TS occurs in people from all ethnic 9th grade at Hereford High School. He that could be lost. Our seniors could groups and is present in males three to is no longer feeling depressed, and he lose their wellness exams that are cov- four times more often than in females. no longer retreats from others because ered under Medicare. And we are clos- The early symptoms are typically no- of his condition. Rather, he welcomes ing the coverage gap on prescription ticed first in childhood, usually when a the opportunity to use his experiences drugs. That could be lost. child is between the age of 3 and 9 to educate teachers and other students Let me also point out that our sen- years of age. Although TS can be a as a Youth Ambassador, a position for iors appreciate the fact that what we chronic condition with symptoms last- which he was trained at the National did in the Affordable Care Act extends ing a lifetime, most patients experi- TSA Conference with about 40 other the life of Medicare for about a decade. ence the most severe symptoms in young people. That would be lost. their early teens, with some improve- Recently, he presented information Small businesses will be able, in 2014, ments occurring in the late teens and about TS to more than 400 elementary to go into exchanges and not be dis- continuing into adulthood. school students. He says he truly en- criminated against by paying more for In May, a 13-year-old boy named joys answering their questions. He be- their insurance than a larger company. Jackson Guyton from Parkton, MD, lieves, as I do, it is important for peo- That would be lost. visited my office to tell me about his ple to understand that children with As the Senator knows, the attack on experiences with Tourette. Jackson TS are not doing strange or disruptive women’s health care—this bill that is first noticed symptoms 5 years ago dur- things on purpose, and he just wants to now law allows women to be treated ing the summer of 2007. While on vaca- be treated like everyone else. equally with men as far as premiums tion with his family at the beach, his Jackson still has unpredictable and are concerned. That would be lost. body started making strange move- sometimes painful tics, but he knows So I appreciate Senator BENNET tak- ments he could not control. First, now that TS will not stop him from ac- ing the time on the floor to go over ex- came a head jerk, then eye-squinting complishing everything he wants to do actly what would happen if we were to and rolling; later, he started emitting in life. Last year, Jackson’s little repeal the Affordable Care Act. high-pitched squeaking sounds. As brother Davis was also diagnosed with What we need to do, and I think the Jackson put it: ‘‘I was a regular kid TS. Jackson says that having a teacher Court gave us this opportunity—they one moment, with good grades and who understands the problem and spoke to the fact that it is up to Con- very few problems, then in the next I knows how to help is one of the most gress to move forward on this—it gives was rolling my eyes and making important things in the life of a child us a chance, Democrats and Repub- sounds. . . . like a fire alarm going with TS. licans, to say: How can we make sure off.’’ He is preparing a special presentation our health care system is as cost-effec- In school, the sound was so loud his for Davis’s class that he will deliver tive as possible. friends would cover their ears and when the 2012–2013 school year starts. I In the Senate Finance Committee avoid sitting near him in class, and am very proud of this young man. I am today, we had a roundtable discussion parents of other children began com- hopeful the examples set by him, his

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In 2000, Congress created making health coverage more afford- of legislation and allow it to go for- the Tourette Syndrome Public Health able for more Americans. ward and give Senators the oppor- Education Research Outreach Program But unfortunately that was not the tunity to offer ideas about how to im- at the Centers for Disease Control and approach taken under ObamaCare. In prove this legislation and help small Prevention. The purpose of this pro- fact, under ObamaCare, there was al- business job creation. gram is to increase recognition and di- most no attention paid to trying to What we do know for a fact is that agnosis of TS, reduce the stigma at- make coverage more affordable. The unless Congress and the President act tached to the disorder, and increase the focus was on expanding coverage, an before December 31, 2012, American availability of effective treatment. admirable goal but one that ignored af- taxpayers will face the single largest The program also includes a public- fordability almost entirely. We now tax increase in American history. Why private partnership between the CDC know ObamaCare was based, the vote is that? Because the tax provisions we and the Tourette Syndrome Associa- in favor of and the public support, such passed in 2001 and 2003 and then again tion, or TSA, that provides educational as it is for ObamaCare, was based on a in 2010, under President Obama, will programs for physicians, allied health litany of what has now proven to be expire at the end of this year. professionals and school personnel as broken promises. The promise that if For example, in less than 6 months, well as those who have TS, their fami- someone likes what they have, they the highest individual tax bracket will lies, and the general public. To date, can keep it, we know that is not true. rise from 35 percent to just under 40 the CDC–TSA outreach program has More and more employers are dropping percent. I think it is important for ev- conducted more than 520 educational their employer-provided coverage for eryone to realize we are just talking programs for 32,000 professionals and their employees. about Federal taxes. We are not talk- community members nationwide. The President himself said a family ing about State taxes or local taxes. This program is working well. In ad- of four would actually see their pre- Many States—thank goodness not dition, CDC has entered into a coopera- miums reduced an average of $2,500 a Texas but many States—have a State tive agreement with the University of year. What has happened? Premiums income tax which is added to the Fed- Rochester and the University of South continue to go up, roughly at the rate eral tax burden. Of course, virtually ev- Florida to better understand the public of 10 percent a year. eryone in the country pays some form health impact of tic disorders, includ- The President said, and I heard my of sales tax. We need to think about, when we add ing TS, for individuals and their fami- colleague from Maryland just say, to the tax burden of the American peo- lies and the community. ObamaCare cuts the deficit. How they ple, what that means in terms of their One of the areas being assessed is can spend $2.5 trillion and take $1⁄2 tril- cumulative tax burden, including Fed- education, as they are looking at the lion more from Medicare, an already eral, State, and local taxes. effect of TS on standardized test fragile, unsustainable program—unless Unless Congress acts, people in the scores, grade retention, and the pres- we fix it—and that cuts the deficit is, I lowest tax bracket will see a 50-percent ence of an individualized education think, beyond the understanding of tax increase. Indeed, the marriage pen- program. Significantly, they are also most Americans. Certainly, it is be- alty will increase, the child credit will measuring teachers’ understanding of yond mine. be cut in half, and taxes on capital TS, and this information will be used I would like to ask my colleague this gains and dividends will increase. to inform and improve outreach pro- question: What we know is that now Why are lower taxes on capital gains grams. the Supreme Court has decided the and dividends important? Well, on cap- I urge my colleagues to support full constitutionality of ObamaCare. The ital gains it is important because we funding of this program again this year Supreme Court has said—and under our want to incentivize people to make so we might expand awareness of TS system of government it is the Su- long-term investments, to create jobs. and lead to a better quality of life for preme Court that is the final word on Why is the lower dividend rate im- people such as Jackson and families these matters. It said the only way portant? Many seniors who are retired across the Nation who are affected by ObamaCare could be constitutional is depend on dividend income from their this disorder. for the individual mandate to be con- retirement funds in order to help pay I yield the floor. sidered a tax—a tax. Indeed, it is a tax, their cost of living. The PRESIDING OFFICER. The Sen- a broad-based tax on the middle class. The bottom line is unless Congress ator from Texas. I want to know how many votes in and the President act before December Mr. CORNYN. Mr. President, I ask the House, how many of our colleagues 31—and I submit it is important to act unanimous consent to speak for up to in the Senate would have voted for sooner rather than later to send a sig- 15 minutes. ObamaCare if it had been called what it nal to the markets and job creators The PRESIDING OFFICER. Without is, a middle-class tax increase—a mid- about their tax burden on January 1— objection, it is so ordered. dle-class tax increase. I think it is im- every taxpayer in the country will pay HEALTH CARE portant to have a vote in the House higher taxes. Mr. CORNYN. Mr. President, I have today, and I think it is important to Unfortunately, instead of engaging in listened to some of my friends across have a vote in the Senate, as Senator a serious manner on this issue, the the aisle talking about the vote in the MCCONNELL has proposed to do, to see President earlier this week reverted to House to repeal what has now come to whether, based on the fact that the Su- his old playbook of class warfare and be known as ObamaCare, which the of- preme Court has finally decided this is gamesmanship. He advocated again an- ficial title is the Patient Protection a tax on the middle class, whether it other policy which has failed to pass and Affordable Care Act. But I think would enjoy the support across the the laugh test, if you think about it. history has now demonstrated it is not aisle it did in 2009 and 2010. The President previously proposed the the Affordable Care Act; it is the But I wish to talk a moment more so-called Buffet rule—named for War- ‘‘Unaffordable Care Act.’’ about taxes and indeed the challenges ren Buffet—and said if we pass the Buf- My colleagues suggest the only way that face small businesses and working fet rule and raise taxes, our problems we can possibly protect people from families across the country and the would all be solved. preexisting disease exclusions under need for the Senate to stop contrib- Do you know how much revenue their insurance policy or make sure uting to the class warfare rhetoric and would be generated by the Buffet rule young adults up to 26 years old can re- gamesmanship that seems to encom- if it passed? It would be enough reve- main covered under their parent’s cov- pass us 118 days now before the general nues to run the Federal Government erage is to pass this $2.5 trillion mon- election and the importance of actu- for 11 hours—less than half a day.

VerDate Mar 15 2010 02:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.056 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4869 Well, I have to admit the President’s the standard of living for millions of Given that the administration has recent announcement that he wants to Americans. said it is committed to creating jobs, I raise taxes on small businesses has left According to one nonprofit economic am left wondering why they would me scratching my head. I remember policy research and educational organi- want to increase taxes on those we are back in 2010, when President Obama zation, a 2.9-percent tax increase would depending upon to do just that. I know said raising taxes during a fragile eco- depress economic growth by 1.3 per- the millions of Americans who remain nomic recovery ‘‘would have been a cent. You heard me a moment ago say out of work are wondering the same blow to our economy.’’ That is what our economy is growing roughly at 2 thing today. President Obama said in 2010. But in percent. This think tank says they es- VOTER IDENTIFICATION 2012, he seems to be singing an entirely timate a 2.9-percent tax increase would Mr. President, I want to make a brief different tune. At the time, in 2010, depress economic growth by 1.3 per- comment about the voter identifica- economic growth was roughly 3.1 per- cent, and it would reduce capital for- tion debate. This is particularly impor- cent. That is when President Obama mation by 3.4 percent. Those are num- tant in my State, but it is important said raising taxes would be a blow to bers that come out of, obviously, a across the country, because many our economy. Do you know what the think tank, but that means fewer jobs States have passed commonsense voter economic growth numbers are today? and a lower standard of living for many identification laws to protect the in- Our economy is growing at roughly 2 Americans. The damage to job creation tegrity of the ballot and prevent dilu- percent of GDP, gross domestic prod- and economic growth would be even tion of the vote for majority and mi- uct. Instead of 3.1 percent, it is growing greater from a 3.8-percent investment nority members and everyone across even slower right now. tax. You don’t have to be an economist the board, and to protect against voter Of course, as I mentioned, this tax in- or a rocket scientist to figure out that fraud. crease the President and the majority higher taxes are going to depress eco- Yesterday Attorney General Holder leader are proposing is on top of the nomic activity. Indeed, it is all about spoke in Houston, TX, at a gathering of ObamaCare taxes. It is not just the in- incentives. If we create incentives for the NAACP. I am sorry to say his re- dividual mandate I alluded to earlier people to be productive, work hard, and marks were completely inappropriate that will penalize people who don’t buy make investments, then they will re- and misleading. Mr. Holder knows—or government-approved health care, but spond. If we raise the bar and make it he should know—that the Texas law that is on top of approximately 20 dif- more expensive and harder, they are that requires a photo ID in order to ferent other tax increases that are part going to do less of it. It is that simple. cast a ballot will be issued free of of the ObamaCare legislation. Not only Taxpayers, including small busi- charge to any voter who asks for one— do these new taxes break the Presi- nesses, are already scheduled to get hit free of charge. dent’s own pledge not to raise taxes on with the largest tax increase in history He conveniently ignores the fact that individuals who make less than $200,000 at the end of the year, as I have al- the Supreme Court of the United a year or families making less than ready mentioned. States has previously—in an Indiana $250,000 a year, but it also creates bar- I will close on this, as far as this sub- case—dispositively held that voter ID riers to new investment and job cre- ject is concerned: We know the key to laws are constitutional and necessary ation. job creation is to grow the economy to protect the integrity of the vote. Recently I attended a meeting down- and allow small businesses to flourish, This is the low point of the Attorney stairs with Bob Zoellick, head of the invest, and create jobs. That is what General’s remarks. He once again de- World Bank, and the president of the we are missing now. Government has famed my State and our State legisla- New York Federal Reserve office—a grown and grown and grown. It has ture by equating our commonsense gentleman whose name escapes me. spent money it didn’t have under the voter ID law with a poll tax. The president of the Federal Reserve in stimulus bill passed early in the Obama By invoking the specter of Jim Crow New York said: When talking with administration. Do you know what the racism, the Attorney General is play- business people across the country, I projection was at that time that unem- ing the lowest form of identity politics. ask them what is your attitude, your ployment would be today if we passed Mr. Holder knows better. This rhetoric mood? Are you going to invest or sit this spending bill using borrowed is irresponsible and a disgrace to the back on the sidelines? He said almost money? The President’s administration office of the Attorney General. Shame universally the message is: We are said unemployment would be at 5.6 per- on him. done. We are not doing anything else cent. Yet it continues to persist at over Mr. President, I yield the floor and until Washington—in other words, Con- 8 percent. So we know that obviously suggest the absence of a quorum. gress and the President—figure this didn’t work. The PRESIDING OFFICER. The out. I believe it is important that we put clerk will call the roll. Who in their right mind would want into place an insurance policy against The assistant legislative clerk pro- to start a new business with the uncer- any Senate effort to increase taxes on ceeded to call the roll. tainty as far as taxes are concerned, or small businesses. For that reason, I Mr. RUBIO. Mr. President, I ask the burdens that are imposed upon in- have offered time after time a proposal unanimous consent that the order for dividuals and small businesses because that would require a supermajority to the quorum call be rescinded. of ObamaCare? I mentioned that in ad- raise taxes on small businesses. The The PRESIDING OFFICER. Without dition to what the Supreme Court last time I raised this proposal, when objection, it is so ordered. found to be a tax—the individual man- we considered the 2010 budget—which is GROWING THE ECONOMY date—ObamaCare includes a new 3.8- actually the last time the Senate Mr. RUBIO. Mr. President, I wanted percent surtax on capital gains, divi- passed a budget, but that is another to come to the floor today because of dends, rents, and interest earned by subject altogether—the amendment the good news I have heard recently, many taxpayers. This new surtax goes passed with the support of 82 Senators, that the Senate is going to spend the into effect next year, in 2013. including 42 Democrats, many of whom next couple of weeks, maybe the whole Another thing I found amazing in still serve in the Senate. month, talking about tax policy. I terms of the audacity of those who sup- Raising taxes on small businesses think that is very encouraging, be- ported ObamaCare in 2009 and early that represent the primary engine of cause this is one of the issues I was 2010 is that a lot of the taxes that were job growth in this country is not the hoping we would deal with early on, included in the bill didn’t go into effect answer to getting our economy back on when I got here last year. And I am, until after this next election. Isn’t that track. quite frankly, surprised it has taken an amazing coincidence? I know about 400,000 small businesses this much time, a year and a half, to Enacting this permanent tax hike in Texas that employ 4 million people pivot to this issue. I am hopeful—I was a mistake then, and it continues to especially cannot afford to pay higher don’t know if it has been determined be a mistake now. It will discourage taxes, particularly at this time. We yet—but I am hopeful on this legisla- savings and investment, reduce produc- know it is small businesses that create tion currently before the Senate, the tivity, and it will depress wages and the vast majority of new jobs. minority will be given an opportunity

VerDate Mar 15 2010 03:07 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.058 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4870 CONGRESSIONAL RECORD — SENATE July 11, 2012 to introduce ideas. I think that is im- behalf of people who maybe aren’t have made and give it to the govern- portant for this place to work well. making enough. ment, maybe they will decide not to I have read the history of this distin- I know that may sound appealing to open that new business or maybe they guished place and it only works well, it the folks who are among those Ameri- will decide this is not the year to take only functions when the ideas of both cans who aren’t making enough money, that vacation or instead of taking the sides are allowed to be heard. I know but I want you to know something: It 5-day vacation, they take the 3-day va- we can count votes here, and from time never works. That idea never works. cation. And you know who gets hurt? to time we may have a chance to pass Here is why it never works. It actually The bartender and the maid and the a few things, but when one is in the mi- never works because, first of all, the people who work in these places. Be- nority, as I am, it is harder to get ideas money doesn’t get to you. When you cause money has to go somewhere. If passed. But I would love to at least get give government money to spend, it in- you are taking it out of the hands of a vote on some of these ideas we are variably doesn’t usually spend it very the people who invest it and spend it, hoping to push forward, and our hope is well. In fact, when you give govern- they can’t invest it or spend it, and it that will happen. So let’s hope that ment money to spend, the people who is people who are trying to make it— works out. end up getting that money are the peo- like my parents were—who get hurt by What I want to remind us all about a ple who can afford to hire people to it. little bit today is what our goal is. We come to Washington and influence how So we have to get our goal right. Be- can’t arrive at the right solutions if we the money is spent. So sometimes the cause if our goal is to grow the econ- don’t know exactly what it is we are money never even gets to you, if in fact omy, we don’t have to call trick plays. trying to get to. Our goal, I believe— you allow the government to do this. What we can do at the Federal level to and there is a consensus now through- But it is more complicated than that. grow the economy is pretty straight- out this country, and it is actually It can actually cost people their jobs, forward. All we have to do is talk to something that unites both political and here is why. How you create busi- the people who grow the economy. If parties—needs to be to grow the econ- nesses or how you expand an existing we go out and talk to the people who omy. That is our goal, to grow the business is pretty straightforward. have a great idea and are trying to economy. And what will result from Someone is in business, someone start a business, they will tell us what growing the economy is that good will makes some money or gets a hold of they are looking for. It is pretty happen for everybody. some money and they decide to take straightforward stuff: tax reform. How does the economy grow is the that money and invest it. They use the What do we mean by tax reform? first fundamental question we have to money they have made and they rein- Simple. We want a Tax Code that is answer. The economy grows when two vest it in their business so the business stable, predictable, and affordable. Of things happen: either someone starts a grows or they use the money they have course we have to have taxes. Govern- business or someone grows their exist- made to start a brandnew business. ment needs revenue to be able to pay ing business. That is what leads to eco- This stuff works. This is how the for what we all expect from govern- nomic growth. It is that simple. Some- American economy has grown and how ment. But it has to be a predictable one starts a new business because they we became the most prosperous people system and it has to be an affordable think they can make money at it or on Earth. system. If taxes get too high, people someone goes into their existing busi- I know this works not just because I may decide not to invest it in this ness and says, I think we can make read about it in a magazine. I know it country or to leave it in the bank, and more money, let’s grow this thing. works because I have lived it. As I have that doesn’t help anybody. So the point That is how the economy grows. detailed and talked about in the past is we need to have a Tax Code that is So the issue before us here as Federal on this floor, my father was a bar- stable, predictable, and affordable. policymakers has to be what can the tender. He worked at a hotel as a bar- We need regulations that are the Federal Government do to help that tender. My mother had a lot of dif- same: stable, affordable, and predict- kind of growth. In essence, what the ferent jobs, but for a while she worked able. Look, we need regulations; right? Federal Government can do is to en- as a maid in a hotel. The reason I talk I want this water to be clean. I don’t courage people and make it easier for about this is to explain how and why want the water to poison me. We don’t people to either start a business or to my mom and dad had a job that paid want to walk out on the street and grow their business. So if that is our them money to raise us and give us a breathe in air that will hurt us. There goal, then every time a measure comes chance to do all the things my siblings is a role for regulation. The problem is before this body—tax policy, regu- and I were able to do. Someone made that most Federal regulations are set latory policy—what we should ask our- some money, they took that money by bureaucrats who work for the gov- selves is, does this make it easier or and opened up this hotel. That is why ernment, and all they think about is harder for someone to start a business? my parents had a job. They didn’t have can this regulation maybe help. They Does it make it easier or harder for a job because the President of the do not think at all about the impact of someone to grow an existing business? United States back in 1965 or 1975 gave that regulation on businesses. That is Does this measure make it easier or them a job. They had a job because not part of the equation. When they sit harder for the economy to grow? Be- someone who made money took that down and write a regulation, that is cause if we are indeed united by this money and used it to start a new busi- not part of the equation at all. So we goal of growing the economy, that ness or to grow an existing business end up having these regulations that should be the measure of anything we and hire them. They also had a job be- may not even help that much but hurt take on. And it is through that lens cause other people who had money de- a lot; that help wipe out entire indus- that I want to examine some of what cided to use that money to go on vaca- tries, but the impact on helping the en- we are talking about right now. Be- tion and they came to Miami Beach or vironment or whatever else is nebulous cause it seems to me, at least in some to Las Vegas, when I lived in Las at best. So we have to change that. of the policies I have heard proposed Vegas, and they spent that money at That is why we need to pass a law this week, that maybe some folks have these hotels. here like the REINS Act, which says the goal wrong. Because if we closely The point is, people had money, and any regulation that has an economic examine some of these policies, it they either invested it or spent it. And impact beyond a certain amount of sounds as if the goal is, let’s take a that allowed a bartender and a maid— money should have to be approved by limited economy that isn’t growing my mother and father—to raise my sib- elected people, who are accountable, and let’s divide it. And primarily it lings and me and to give us oppor- who have to measure both the effec- sounds like, let’s take this limited tunity. That was true in the 1950s, in tiveness of the regulation but also economy that isn’t growing and let’s the 1960s, in the 1970s, in the 1980s, in whether it is going to cost jobs or wipe allow us to take money from people the 1990s, and it is still true. That is out an industry. Because that is impor- who are maybe making a little too what is needed to grow this economy. tant too. Protecting our industries and much, give it to the government, and And the problem is, if we go after these our sources of job creation is as impor- the government can then spend it on people, if we go after the money they tant as some of these other things we

VerDate Mar 15 2010 02:23 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.060 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4871 are trying to protect through regula- all this money—your tax dollars—and tion need to understand that if we want tions and they have to be balanced meanwhile America is sitting on over to keep Medicare the way it is for our against one another. We do not want to 100-some-odd years of natural gas at parents and if we want Medicare to simply be making decisions in a vacu- our disposal and no concise national even exist when we retire, Medicare is um. energy policy to utilize it. going to have to look different for us, Along those lines, something that is Let me tell you why energy matters. for 41-year-olds. We have to save Medi- both a tax and a regulation is If we can get energy costs down and care. And to deal with the long-term ObamaCare. Look, we have a health in- stable and predictable, manufacturing debt, we have to deal with that. That is surance problem in America. There is will start coming back to America. what is driving part of the debt. That no denying that. But there are better That is one of the leading costs of man- is not being driven by foreign aid, ways to deal with it. The problem is ufacturing, energy. We are an energy- which is less than 1 percent of our this bill that passed has created a tre- rich country. Some of those factories budget. The debt is not being driven by mendous amount of uncertainty. For that closed, we can actually get them food stamp programs. The debt is not example, it says if you have more than to come back here. Imagine what that being driven by defense spending. 50 full-time employees, there are cer- would do for economic growth, not to Look, if money is being misspent or tain requirements you have to meet. mention the fact that America could wasted, it is never a good idea to do So imagine if you are a company with potentially now begin to sell overseas that. If there are ways to save money 48 or 49 employees. This may not be the as well, creating yet another industry on foreign aid, we should save it. If year to hire the 50th. And maybe you and all the things that come with it. there are ways to save money in the are going to be the 50th, but now you How about free and fair trade? There food stamp program, we should save it. don’t get hired or, worse, maybe you is an emerging middle class all over If there are ways to save money in the will decide this is the year to turn all the world now. One of the great things defense budget, we should save it. But your employees into part-time employ- that has happened over the last 20 that is not what is driving our long- ees. That is not good for the workers. years is that all over the world there term debt. To pretend we are going to Yet that is the impact this law is hav- are now people who a decade ago were get 100 percent of our savings from 25 or 20 percent of our budget leads to the ing, not to mention the fact it is a tax living in poverty and can now afford to kind of catastrophic cuts we talk about increase. buy the products we invent and build, That is what the IRS does. The IRS people all over the world, by the way, in this town, because no one wants to collects taxes. And guess who you have who can now afford to take vacations. touch the big issues that have to be to prove you have insurance to. And And do you know where they want to dealt with. What would happen if we did these not just any old insurance, but insur- come? To the United States of Amer- six things? Let’s say that tomorrow, ance they deem to be acceptable. The ica. They want to come to Florida. overnight, magically these things hap- IRS. Millions of Americans now every They also want to come here. pened: We got real tax reform, real reg- year will have to prove to the IRS they I think that is fantastic, that now ulatory reform, we repealed and re- there are millions of people all over the have insurance or they will owe the placed ObamaCare, we had a pro-Amer- world who can afford to visit the IRS money. That is a tax, and that is ican energy strategy, we expanded free United States and leave their money at not going to help job creation, espe- and fair trade, and we had a plan in our hotels, at our restaurants, and at cially if you are a small business. place that began to deal with the long- I outlined this last week. Imagine a our amusement parks. That creates term debt in a serious and sustainable small business run by a husband and jobs, that creates growth, free and fair way. Let me tell you what would hap- wife with two kids, and the business— trade, that allows the American people pen: explosive economic growth, pri- not them, but their business—makes to build things we can sell overseas to marily by the creation of jobs. $95,000 a year. It will cost them be- other places and lowers the cost of buy- Do you know what more jobs means? tween $4,000 to $6,000 to buy health in- ing certain things here. It means, No. 1, more taxpayers. It surance. If they do not, they will owe Last year, we ratified the free trade means you can now generate revenue the IRS $2,000. Tell me that is good for agreement with Colombia, Panama, for government to pay for what we all that business. Or imagine if you are and South Korea. We are already see- want government to do, and you don’t thinking about going into business and ing the economic benefits of that in have to raise tax rates to do that. It you realize this is what is going to hap- south Florida. Imagine if we were able means you have more taxpayers who pen to you and you decide not to go do that with more countries in a free are now paying into the tax system into business. That is not good for and fair way. It has to be fair. who give you the revenue you need to growth. That is why this law needs to One last thing we could probably do bring the debt under control. Every- be repealed and it needs to be replaced. to help grow this economy is deal with thing gets easier if the economy grows. Something else we need in this coun- the long-term debt. And that is what it The debt gets easier, our budgets get try is a pro-American energy policy. is, it is a long-term debt problem that easier. Do people realize the American inno- hovers all over all of this conversation Jobs also mean more customers for vator has come up with this technology and creates uncertainty. People are your business. If someone is unem- over the last 5 years that now has made afraid—especially people with lots of ployed, it is hard for them to spend us a very energy-rich country? I don’t money are afraid—to invest in the money. It is hard for them to buy a know if people fully understand how American economy because they look house, much less the things that go in energy-rich America is. If you want a at this debt problem, they look at this it. It is hard for them to take vaca- small glimpse of what it can mean to political process’s inability to deal tions. More jobs means more stability our future, go to North Dakota. They with it, and they think, Do you know for your business or for the place you are having a jobs boom. They can’t find what. That country is destined for con- work in. More jobs means more tax- enough people to work there. fiscatory tax rates. They are going payers, it means more customers for Energy is important and we need to where Europe is going. We don’t want your business. And, by the way, it start behaving like an energy-rich to invest in a country that is going to means a more stable society, a place country, with a true all-of-the-above wind up like Europe in 5 years. That is where hard work can earn them a de- strategy where the energies we choose why we have to deal with the long- cent wage so they can save money for are decided by the marketplace and not term debt, and the sooner the better. their kids’ college, so they can save by politicians. When politicians decide To deal with the long-term debt, by money for their retirement, so they which energy source to use, you know the way, you have to deal with what is can buy a home and furnish it, so they who wins? The people with the best causing it. That is why it is so impor- can afford to take a couple weeks vaca- lobbyists. The people with the best tant we save Medicare. Medicare is a tion a year with their families. Mil- lobby. The people with the most polit- very important program. My mother is lions of Americans can’t do that any- ical influence. That is how we got a on Medicare. I would never support more. Solyndra-type situation, where a com- anything that hurts my mother or peo- Millions of Americans have done ev- pany that was going to go bankrupt got ple like her. But people in my genera- erything we have asked of them. They

VerDate Mar 15 2010 02:23 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.061 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4872 CONGRESSIONAL RECORD — SENATE July 11, 2012 went to school, they graduated. They The bill clerk proceeded to call the Eforming will increase yield and need were told if they did that, they could roll. to hire new employees. find a job that paid them a decent Mr. SCHUMER. Madam President, I There are stories like this through- wage, and they are struggling to do ask unanimous consent that the order out my State. Napoleon Engineering that now. for the quorum call be rescinded. Services, a new ball-bearing plant in By the way, all of the strategies for The PRESIDING OFFICER. Without Olean, hopes to hire more employees growth aren’t at the Federal level. It is objection, it is so ordered. and will purchase new equipment for important that States take on the Mr. SCHUMER. Madam President, its growing business. Quinlan’s Phar- issue of education reform. It is impor- before I get into the substance of my macy and Medical Supply in Living- tant for us as parents to be honest with remarks, I heard the concluding re- ston County wants to add an additional our kids. In the 21st century, it is going marks of my colleague, Senator RUBIO, location in Schuyler County. In Staten to be hard to find a job if all you have talking about ideas and education and Island, the owner of a small restaurant is a high school diploma. It is that sim- small business growth. chain recently told me this proposal ple. I agree with his basic concept that could help him expand to additional lo- If you look at the unemployment we are still the greatest country in the cations. rate between people who have a college world, that we encourage entre- Simply put, this bill makes equip- degree or a post-high school degree and preneurs and people with great ideas, ment purchases and capital improve- those who don’t, it is stunning. It is that education means a great deal to ments for thousands of small busi- stunning. If you don’t have more than making that happen; that no other nesses cheaper, and, by doing that, pro- a high school education, you are going country inspires young people, middle- vides a real jolt to the economy. In to struggle to succeed in this new cen- aged people, even older people to start fact, it is estimated that every $1 of tury. We have to let our kids under- new businesses. I hope it means he is tax cuts devoted to writing off the cost stand that. It is our job as parents and going to vote for the proposal that is of a business’s purchases generates as a community to do that. now before us. Because what this pro- about $9 of GDP growth. Let me repeat By the way, it is important for us to posal does is take that young person that. One dollar of tax cuts devoted to work with the States, as I outlined ear- within walking distance of Wash- writing off the cost of a business’s pur- lier, to modernize our education sys- ington, DC, who has a great idea and, chases generates nine times that in tem. Why have we stigmatized career once they start a business, allows them GDP growth. Why wouldn’t we do it? education? Why can’t we graduate kids to get that business to move more Economists of every stripe will tell you from high school with both a diploma quickly. There are lots of those busi- that hiring incentives like the ones in and an industry certification and a ca- nesses, and probably some within this bill are the best ways to kick-start reer? We need to begin to teach our Washington, DC, as well. So I hope my an economy and get people back to kids to compete with the world, not colleague from Florida will vote for work. Why wouldn’t we do it? just with other States. These are other our Small Business Jobs and Tax Relief In fact, a new nonpartisan analysis of things that have to happen as well. Act. the proposal before us has determined The point I wanted to drive today is The proposal will spur economic it will create nearly 1 million jobs this we need to remind ourselves of what growth. It will create nearly 1 million year. Look at your State: 22,000 in the goal is here. The goal is growth. new jobs in this country. If my Repub- Washington State, 10,000 in Nebraska, The goal is, What can we do at the Fed- lican colleagues care about small busi- 11,000 in Iowa, 40,000 in Pennsylvania, eral level to help grow the economy? ness in America, they would work with 63,000 in my home State of New York, Ultimately, the economy grows be- us to pass this commonsense bill im- cause of the private sector, because 77,000 in Texas. Huge numbers of new mediately instead of playing proce- someone who has made some money jobs will be created by this proposal. dural games that are thinly veiled at- takes that money and invests it by Why won’t our colleagues move for- tempts to block these tax cuts that starting a new business or by growing ward on it? It is estimated that 93,000 jobs will be their existing business. We should find spur hiring. The bill is based on bipar- added to the construction industry, ways to make that easier and encour- tisan ideas that have traditionally en- 61,000 new jobs added to manufac- age people to do that. That has to be joyed Republican support, yet they are our goal. It doesn’t require trick plays; obstructing their passage. Why are our turing. The report concludes that the it doesn’t require some complicated Republican colleagues changing their proposal’s impact would be felt across new gimmick. We don’t have to re- tune? The only explanation is that Re- every State and in a range of indus- invent the wheel. The American people publicans continue to block proposals tries, with a significant jump in em- haven’t run out of good ideas. Ameri- that will help create jobs and spur our ployment in construction and manufac- cans haven’t forgotten how to start economic recovery for their own polit- turing. The proposal is targeted toward businesses or even entire new indus- ical gain. the mom-and-pop Main Street busi- tries. Even as I speak to you right now, This is a simple proposal. It is a nesses that will benefit most from this I am 100 percent convinced that within smart proposal. It is a tax cut proposal. relief. walking distance of this building there In my home State of New York, small You want to talk about job creators? is someone somewhere drawing up the businesses from Cattaraugus to Clinton You want to help job creators? Well, great next American company business County are poised to grow and make these small business owners are real plan on the back of a napkin or a scrap the jump to the next level. These busi- job creators and they are the ones who piece of paper. And if we give them a ness owners know the economy is slow- make this country run. They come in chance to do it, they are going to do it. ly turning a corner, but we are not early, they stay late, they work hard, We are still the same people we have there yet to full unthrottled growth, so and they deserve a tax break. always been. There is nothing wrong they are looking for Congress to do Here lies an important contrast be- with the American people. They just more—not less—to spur hiring. tween what we are proposing and a dif- need a little help from their govern- This initiative is aimed at the small ferent tax cut proposal that the House ment. I think if we get our goals right businesses that are truly the lifeblood Republicans have passed. The House around here, we can do a few simple of our Nation, and we need to help Republican proposal is neither focused but important things that allow Amer- them jumpstart expansion plans this on true small business nor does it icans to do, once again, what we do year. There is simply no time to waste. make the tax cut dependent on a com- better than any country or any people There is a business in Cortland, NY, pany doing any hiring at all. Our pro- in the history of the world, and that is central New York, called Precision posal rewards actual job creation by create prosperity and create oppor- Eforming. It is a great small business true small businesses, rather than giv- tunity. that would use this tax cut to buy a ing more tax breaks to millionaires Madam President, I yield the floor new piece of equipment called a and billionaires who may not create a and I suggest the absence of a quorum. Dipcoater to help the company create single job. They have profits; they get The PRESIDING OFFICER (Ms. KLO- high-end acoustics such as hearing a cut in their taxes for their profits BUCHAR). The clerk will call the roll. aids. With the Dipcoater, Precision even if they fire people. Does that

VerDate Mar 15 2010 02:23 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.062 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4873 make any sense? Our bill’s common- which President Obama and the Demo- for. This tax cut is an extension of a sense measures have had broad bipar- cratic Members of this Congress had so tax provision that expires in 2011 and tisan support. There is no reason much to do with salvaging. had yielded an estimated $50 billion in Democrats and Republicans alike Our business is not just throwing added investments and lowered the av- should not support them now. The re- money against the wind. It is taking erage cost of capital for business in- lief in this bill would be a grand slam precious taxpayer dollars and targeting vestment by over 75 percent, according for our economy as a whole. It puts them to those businesses that are to the National Council of Economic more people to work, expedites the ex- growing. That is why, as the chair of Advisers. pansion of successful small bills the Small Business Committee, I We have had a lot of experience in throughout the country, expands busi- strongly endorse Senator SCHUMER’s the Small Business Committee and in nesses to new communities, and keeps proposal over the proposal that came the Finance Committee, on which Sen- money flowing through local econo- from the House of Representatives. ator SCHUMER serves, in the last couple mies. For too many business owners, The House of Representatives’ bill years designing and implementing tax this relief simply cannot wait. Let’s basically is taking $40 billion that we cuts for the middle class, tax cuts for get this bill to the President’s desk and do not have—we do not have the $20 the job creators. Again, if we look very get our business owners started on the billion either but one is half the cost— objectively, considering the Schumer developments that will propel them taking $40 billion and throwing it at proposal costs half as much as the Can- into the next decade. businesses, 50 percent of which, accord- tor proposal and will probably do three Once we pass this bill, we must work ing to the CBO study, will accrue to times if not four times better, it is a together to give certainty to American the highest income earners in the no-brainer which one is more effective; families that they will not see a mass country—over $1 million. It is not tar- that is, the Schumer proposal. tax hike at the end of the year. We geted. It is just about business profits, Our hope is if Senators come to the should all agree our small businesses which are important. I know businesses floor and begin to look more carefully deserve tax cuts and a Small Business are in business to make profits. I have at the Schumer proposal versus the Jobs and Tax Relief Act that will help no problem with that. We want our proposal that came from the House, them hire workers. We should all agree businesses to be profitable. But the they will realize the benefit of the no middle-class families should face a Schumer proposal, relative to the Can- Schumer approach and give it the 60 tax increase at the end of the year. tor proposal, is targeted to those busi- votes we need to move it forward and Let’s take care of our areas of agree- nesses making a profit and reinvesting will reject the Cantor approach as ment and then we can turn to debate it in the business to grow—hiring being too expensive relative to the on whether our country can afford to workers and putting behind this reces- other option that is on the table and give more tax breaks to the wealthiest sion we are coming out of—a recession much less effective. In the event the 2 percent. because of poor policies of previous ad- Senate decides to do neither, which I yield the remainder of my time and ministrations—coming out of this re- might happen because there have been suggest the absence of a quorum. cession to help grow the economy. logjams around here for a while now, I The PRESIDING OFFICER. The We can give tax cuts in a variety of have to say I was very proud of my col- clerk will call the roll. different ways. If we had all the money leagues BARBARA BOXER and JIM The bill clerk proceeded to call the in the world, maybe we could afford to INHOFE for working to break the log- roll. do both, but we are not that fortunate. jams in a spectacular way just 2 weeks Ms. LANDRIEU. Madam President, I We have to make choices. That is what ago on the Senate floor when they fi- ask unanimous consent the order for we do on the floor of this Senate every nally negotiated a 2-year transpor- the quorum call be rescinded. day, make choices, make distinctions tation bill, the flood insurance bill, the The PRESIDING OFFICER. Without between wise ways to spend money and RESTORE Act, and the student loan objection, it is so ordered. poor ways to spend money. reduction bill, which is the remarkable Ms. LANDRIEU. Madam President, I suggest, if we have $20 billion to work the Congress did last week. as chair of the Small Business Com- spend, if everybody agrees we have at In the event the Cantor proposal fails mittee of the Senate, I am pleased to least that, that the Schumer approach and the Schumer proposal fails, I am come to the floor to give some sup- is much more efficient, will be much hoping to offer an amendment that the porting remarks for Senator SCHUMER’s more effective, will get much more leadership is considering now that was small business tax reduction bill. The bang for the buck than the Cantor ap- put together by the Snowe staff and bill will invest, basically, $20 billion to proach. the Landrieu staff over the course of the bottom line of small businesses— I commend Senator SCHUMER for put- the last several weeks. The only name owners of businesses that are dynamic ting his bill on the floor, the Small on this right now is mine, but it has and that are growing. I would like to Business Tax Relief and Job Creation been put together by a variety of Sen- make that distinction. It is not all Act of 2012. According to the National ators who have been working across small business that will get tax relief. Economic Council, the tax credit would the aisle for months on items that are It is small businesses that are dynamic provide $20 billion in direct tax relief very important to the small business and growing and adding employees or for businesses that hire new workers or community. increasing wages. increase wages, and it could encourage Again, we have 28 million small busi- The bill is smartly and narrowly tar- an additional $200 to $300 billion in new nesses in America; 22 million of them geted to motivate and to reward those wages and jobs this year. are single employers. In other words, small businesses, a subgroup of the 28 This tax credit, as I said, makes they are self-employed professionals million small businesses that exist in sense. It will help create jobs. Accord- who are doctors, lawyers, landscape ar- the country today, many of which are ing to the Congressional Budget Office chitects, architects, other service pro- in the Senator’s State, Minnesota, that report released last year, the CBO re- viders, network professionals, and IT has some very high-growth, high-po- port from November of 2011, policies professionals who are working in their tential small business development in that have the largest effect on output own business and employ themselves. the medical field, I understand. In my and employment per dollar of cost in They are very valuable. We encourage State, it would be those businesses 2012 and 2013 are the ones that would entrepreneurship in America. We may that are growing because of the in- reduce the marginal cost of hiring. have more entrepreneurs per capita creased demand for energy and the new That is exactly what the Schumer bill than any place in the world. We believe technologies that are coming out, not does. in it and we are excited. only for oil and gas production, which Firms that make capital investments We are also excited for our businesses is important, but also other sources of in 2012 would be allowed to deduct the that start with two or three employees, energy. In Ohio and Michigan, it could full value of the investment on their and before we know it they have 200 or be those small business suppliers that 2012 return. We know this kind of tar- 300 employees. Then, when we close our are rallying around the emerging and geted tax cut can spark demand that eyes and open them, they have 2,000 strengthening automobile industry, small businesses have been clamoring employees. That is very exciting. We

VerDate Mar 15 2010 02:23 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.063 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4874 CONGRESSIONAL RECORD — SENATE July 11, 2012 call them the gazelles. We look for ac- it only scores at $4 billion. We get a Kauffman Foundation was there. They celerating opportunities. tremendous benefit for a very small in- said that even though I have talked a As I said, we put this package to- vestment of taxpayer money, rel- lot on the Senate floor about how gether with the significant input of atively speaking. Not that $4 billion is small businesses need to borrow Senator SNOWE and her staff, along chump change, but compared to the $20 money—and many do—when they start with input from Senator KERRY, who billion we are considering for the Schu- a company, they don’t want to borrow has been an extraordinary leader in mer package and the $40 billion for the money unless they absolutely have to this way. Senator MERKLEY, Senator Cantor package, we think we can take because the chances of it not working CARDIN, and a list of other Senators that $4 billion and, similar to yeast, are pretty significant. Most new whom I am going to refer to have been make it stretch and grow to affect a lot startups fail, and so people do not want working for years on some of these of people and to spur a lot of invest- to go into debt unless they have to or issues. I wish to make sure I give them ment. unless they are a little bit more sure the credit for these issues. The next provision is the small busi- their idea is going to work. First in our package is the very pop- ness tax extenders, the increased de- The benefit of this proposal is that ular and very effective 100-percent ex- duction for startup expenditures. we are actually rewarding the risk-tak- clusion of capital gains for investments Again, this has been a Snowe and ers who are digging into their savings in small businesses. It was part of the Merkley initiative. I think Senator and taking second mortgages out on small business tax extenders package. MERKLEY has truly stood up to fight their homes and putting some of their President Obama has recommended for this. other savings at risk behind their idea. this and Senator KERRY is the lead Under current law, taxpayers can What we are saying is if they do that, sponsor, along with Senator SNOWE, on elect to deduct up to $5,000 of startup we will give a significant tax break, the Finance Committee. expenditures in the taxable year in considering it costs about $88,000 to Let me give a little background. which they start a trade or business. start an average business. So this is Until 2009, noncorporate taxpayers The $5,000 is reduced—but not below targeted to those risk-takers. It is not were allowed to exclude 50 percent of zero—by the amount by which the just taking money out of the Treasury the gain from the sale of the stock of a startup costs exceed $50,000. and throwing it at all small businesses. qualified small business if taxpayers Examples of potential startup costs: It is taking that money—and this is held the stock for 5 years. The Recov- studies of potential markets, products, only $4 billion total—and saying: Ok. ery Act increased the 50 percent to 75 labor markets or transportation sys- Let’s target it to those individuals who percent and the Small Business Act of tems; advertisements for the opening are putting their lives on the line. 2010 subsequently increased it to 100 of a new business, et cetera; compensa- They are putting their livelihood on percent. As of January this year, it was tion for consultants who help get one’s the line and their future on the line. reverted down to 50 percent and start- business started. What can we do to support them? I am up investments are no longer entitled The Small Business Jobs Act tempo- a very big believer in this provision, to the preferred capital gain treat- rarily increased the amount of the and I thank Senator MERKLEY for ment. startup expenditures entrepreneurs bringing it to us. Our proposal would basically take could deduct from their taxes in 2010 I see Senator CASEY and Senator this up to 100 percent exclusion from from $5,000 to $10,000, with a phaseout SHAHEEN are on the Senate floor to the sale of capital gains that noncor- threshold of $60,000. Senator MERKLEY speak and that my time has expired. porate taxpayers purchased in 2012 and fought to have this provision in the Since I am going to be on the floor 2013 and hold for 5 years. It has bipar- Small Business Jobs Act. This proposal most of the afternoon explaining this tisan support. As I said, Senator KERRY has been repeatedly endorsed by the amendment, I would be happy to yield has been the lead advocate. Senator National Association for the Self-Em- the floor. SNOWE has worked side by side with ployed and the National Federation of I see Senator SESSIONS is here and him, and along with Senator MORAN, Independent Businesses. ask unanimous consent that Senator Senator WARNER, Senator COONS, and As part of his ‘‘Startup America’’ CASEY speak for 10 minutes, Senator Senator RUBIO have all called for this legislative agenda, President Obama SESSIONS for the next 5 or 10 minutes provision to be permanent. I wish we has called for making this permanent. and Senator SHAHEEN for 5 minutes. could make it permanent. This bill will Again, my amendment doesn’t make it The PRESIDING OFFICER. Is there not make it permanent, but we will ex- permanent, but it does make it effec- objection? tend it for another year and a half. tive through 2013. Mr. SESSIONS. Madam President, if According to the Kauffman Founda- According to a Kauffman Foundation the Senator would make that 10 min- tion paper published earlier this year— survey, on average, new firms inject utes, I think that will be fine. and the Kauffman Foundation, for about $80,000 into their businesses dur- Mrs. LANDRIEU. I will amend that those who don’t know, is the leading ing the first year of operation. The to 10 minutes each in the order of Sen- think tank. It is not political at all. It vast majority of small business own- ator CASEY, Senator SESSIONS, and Sen- is just a middle-of-the-road, well-re- ers—between 80 percent and 90 per- ator SHAHEEN. spected think tank on small business cent—also invest significant amounts The PRESIDING OFFICER. Without development. They published a paper of their own money. I wish to under- objection, it is so ordered. earlier this year, the 100-percent exclu- score this. The way this amendment The Senator from Pennsylvania. sion ‘‘boosts the after-tax returns on came together is we conducted in the Mr. CASEY. Madam President, I wish such investments in startups and Small Business Committee—and had to commend the senior Senator from should induce substantial levels of new very good turnout—about three or four Louisiana not only for her work on this investments in startup firms.’’ They high-level roundtables, where instead legislation but for her many years la- further estimate that making this pro- of just having 2 or 3 people testify, we boring in the vineyard, so to speak, on vision permanent would increase risky had 20 people at a roundtable show up. small business issues and job-creation investments by, conservatively, 50 per- For 2 hours, in a very informal setting, strategies to help our small business cent more than the overall cost of the they were answering questions, such owners across the United States. provision. So they are supporting this as: What is the best thing we could do I rise to speak about this legislation provision very strongly and would like to help you now? What are the barriers as well because when I go to Pennsyl- to see it permanent, but we can only to growth? What does a healthy eco- vania and travel across our State, I get afford in this package to have it for the system for small business look like and two basic messages from the people of next year as we again build our way what could we do to strengthen and our State. They are very clear. They out of this recession. make healthier that ecosystem in say two things: First, work on job cre- I guess, from a conservative point of America? That is where these ideas ation. Put your time into putting in view, one of the good things about this came from. place ways to create and incentivize provision—after we vote on the Schu- Of course, Senator MERKLEY picked the creation of jobs. The second mes- mer proposal and the Cantor proposal— up on some of this and understood. The sage is work together and get things

VerDate Mar 15 2010 02:23 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.065 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4875 done. Work with people in both parties board. The name of the report is ‘‘Tax able Care Act. It was a bipartisan vote. to move a strategy forward to create Incentives for Small Business Hiring A number of Democrats voted in sup- jobs. and Investment: Strengthening the port of the law, although not as many I think this legislation does both. It Backbone of the Economy.’’ In fact, as voted originally to pass it, because a is focused on creating jobs, especially that is the truth. The backbone of the lot of the Democrats, even those who as it relates to our small business own- American economy is our small busi- voted against it, got shellacked in the ers and their workers and their com- ness sector. last election, and it was a pretty munities, but it also is a way to bring The report finds that enacting a tax rough, intense debate. Democrats and Republicans together to credit for businesses that hire addi- The American people never felt com- create jobs. The Small Business Jobs tional workers or increase the hours fortable with this legislation. I believe and Tax Relief Act will, indeed, help and wages of existing employees will it will be repealed. I do not believe it small businesses hire people by reduc- help both sustain and accelerate the re- will be implemented. The reason is, ing the cost to small firms of bringing covery. Across the Nation, 79 percent whether one likes it or not, we simply on a new worker or increasing their of business establishments are either do not have the money. hours or pay. The economics of this are single-establishment businesses with I wish to talk about that today. I am clear and compelling. By providing fewer than 100 employees or are parts the ranking Republican on the Budget small businesses with new incentives of multi-establishment companies with Committee, and I wish to share some to hire, we can create jobs and bolster total employment of under 100 employ- thoughts with my colleagues as we economic recovery. ees. wrestle with what to do on health care Small businesses are at the center of Small businesses are responsible for and how to undo the legislation that the economy of the United States and more hiring in the U.S. economy than passed by the narrowest single margin are vital to our recovery. I know in medium-sized or large businesses. As in this Senate on Christmas Eve and Pennsylvania there are nearly 250,000 the labor market has begun to recover, was based on false accounting. small businesses. Four out of every five small businesses have led the way firms in the State are small businesses. again and again. If we look at the time President Obama promised, before a This legislation is commonsense legis- period of February 2010 to February joint session of Congress in 2009, to lation and I hope will have strong bi- 2012, small establishments were respon- spend $900 billion over 10 years on the partisan support when we vote on the sible for 46 percent of the hires versus law. He said: bill itself. 34 percent for medium-sized businesses Now, add it all up, and the plan I’m pro- It includes a business payroll tax in- and 20 percent for large establish- posing will cost around $900 billion over 10 centive similar to legislation I intro- ments. years. duced back in the year 2010 that will This is a critical point: Small firms $900 billion is a lot of money. It is al- make it easier for small businesses to accounted for nearly half of the hiring most twice the defense budget. grow and to encourage economic from early 2010 to early 2012. Small The President went on to say in sup- growth throughout the country. It will businesses truly are the engines that port of this health care legislation that give businesses a 10-percent income tax power our economy. it would reduce the debt of the United The recent monthly unemployment credit on new payroll for hiring new States. We are going to add all of these reports, which show job growth at a workers or increasing employee wages. new people to the insurance rolls, and slower pace than earlier in the year, It is, in fact, targeted legislation. It is it is going to pay for itself and reduce underscore the need to provide new in- targeted to small business owners. It is the debt. No one really believed that, centives to hire and invest in busi- because it is capped at $500,000 per firm but that is what the arguments were nesses. Many small firms want to hire or 10 percent of a payroll increase of $5 and the representations that were more workers, and they also want to million. made. In addition to being targeted, it is increase hours. This legislation will timely. It will be available imme- help them do that. But once we add up all the different diately for any new hires or increased In addition to the payroll tax credit, spending provisions in the health care wages for the remainder of 2012. the legislation will extend the 100 per- law, including closing the doughnut Thirdly, it is very effective. The Con- cent depreciation deduction for major hole, implementation costs, including gressional Budget Office, known purchases through the end of 2012 so all of those IRS agents and other around here by the acronym CBO, said that businesses that want to make a spending in the legislation, the total a tax credit based on increased payroll big investment—a new building, a new gross spending for the law over the would create the most jobs and have significant piece of equipment—can get 2010–2019 period—the 10-year budget the greatest positive impact on Amer- the benefit of that this year. An exten- window used at the time it was en- ica’s gross domestic product when com- sion of this business expensing would acted—was actually $1.4 trillion. I will pared to other job creation policies reduce the cost of investment and pro- just show this to my colleagues with that have been proposed. Under this mote economic growth. this chart because it is very important. legislation small businesses that hire a So, in summary, the Small Business The President promised the American new worker would, on average, see Jobs and Tax Relief Act would help people in his speech before a joint ses- more than $4,000 in tax savings per create jobs and strengthen the econ- sion of Congress that it would cost $900 worker hired. That is a substantial omy and move our recovery forward. billion. People knew it would cost help to a small firm, and people can These are objectives we all share. I more. But even then, in the initial 10 just do the math as they hire more hope we can move forward in a bipar- year budget window, as he proposed, than one person. That is a smart step tisan manner to pass this legislation when we count up all the spending in in the right direction to help these because, in the end, it meets that two- the Congressional Budget Office esti- small businesses themselves as well as part test my constituents give to me mates of the legislation, including the boost job creation throughout our every day; that is, they want me to do enforcement mechanism through the country. everything I can to help create jobs, IRS agents, closing the doughnut hole As the chairman of the Joint Eco- and they want me to do it in a bipar- and other spending in the law outside nomic Committee, our committee just tisan way. This legislation, in fact, of the major coverage provisions, the produced a report recently—I know my does this. law spends $1.4 trillion over that same colleagues can’t see all the lettering on I yield the floor. 10 year period. That is almost 50 per- this report I am holding, but it is a The PRESIDING OFFICER. The Sen- cent more right there. I think that fact very simple report that is just a couple ator from Alabama. is indisputable. I will ask my col- of pages—outlining in very clear fash- HEALTH CARE leagues to come tell me if I am wrong. ion the impact that small businesses Mr. SESSIONS. Madam President, I would just note parenthetically, have on our economy in terms of the this afternoon the House of Represent- one of the most important components predominance of small businesses when atives voted 244 to 185 to repeal the of health care reform should have been we consider businesses across the President’s health care law, the Afford- resolving the doc fix. Under current

VerDate Mar 15 2010 02:23 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.066 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4876 CONGRESSIONAL RECORD — SENATE July 11, 2012 law, we are projected, without legisla- Obama administration, Mr. Orszag, the for a $2.6 trillion program over a 10- tion that takes effect, to reduce Medi- Office of Management and Budget Di- year period. We have to save these pro- care payments to doctors by roughly 30 rector who works directly for the grams we are committed to first. percent by the end of this year. President, also asserted that ‘‘health The President’s health care law will At the time the health care law care reform is entitlement reform.’’ In not be fully implemented until 2014. It passed, the cost of a permanent doc fix other words, this is going to fix an en- is not too late to stop it now. And we added up to about $200 billion to $250 titlement danger—the problems we are going to have to, simply because billion over a 10 year period. Demo- have with Medicare, Social Security, the finances of this country will not crats originally included the doc fix in and Medicaid; entitlement programs, allow for it to go forward. earlier drafts of the bill. But in the end each one of which are growing at fast I thank the Presiding Officer and when they looked at the numbers, if rates that are unsustainable, that will yield the floor. they included the doc fix—which is head to bankruptcy in the years to The PRESIDING OFFICER. The Sen- critical and needs to be fixed perma- come. ator from New Hampshire is recog- nently; not continuing to hang out However, a simple comparison of the nized. there every year and to be fixed by bor- Federal Government’s unfunded obliga- Mrs. SHAHEEN. Madam President, I rowed money—then the bill couldn’t tions for health care programs, before am pleased to come to the floor this have continued in surplus. In fact, ac- and after the health care law was en- afternoon to join my colleagues, Sen- cording to the Congressional Budget acted, clearly proves that the Presi- ator LANDRIEU and Senator CASEY, in Office, it wouldn’t continue to be paid dent’s health care reform is not enti- talking about the importance of ad- for as the President was saying. So tlement reform. It will not improve our dressing some of the concerns that face they just didn’t do it. They just de- long term spending trajectory. It will small business. cided they wouldn’t fix one of the most not make these programs more viable Senator CASEY said something that I important issues in health care, and it in the future. It did not put Social Se- think is very important. He said, when remains that way today. curity, Medicare, or Medicaid on a sus- he goes around Pennsylvania, one of So, as I work through this, we are tainable path. Those programs remain the things he hears from his constitu- using nonpartisan Congressional Budg- disastrously unsustainable. ents is that they expect us to work to- et Office numbers. The President does not even talk gether here in Washington, in the Sen- Most of the major spending provi- about that any more. Here we are run- ate, in Congress, to get things done for sions in the law, as our colleagues ning into a reelection campaign and the people of this country. I hear that should know, do not take effect until the country is facing a colossal finan- from my constituents. I am sure the 2014. So the true 10-year score should cial danger from unsustainable debt, Presiding Officer hears that from her be 2014 through 2023. That is the 10-year and the President would not even talk constituents. People throughout the window of full implementation. How about it. He says things are getting country expect us to work together, much will the bill cost then? Each year along fine. I think it is a failure of and they want to see us address the it goes up because until 2014 we don’t leadership for him not to talk honestly economic challenges we are facing in really see a 10-year full cost of the leg- with the American people about our this country. islation. fiscal challenges. Well, one of the best ways to address So what Democrats did was—and the So before the President’s health care the fiscal issues we are facing is to be President deliberately did, with help law was enacted, unfunded obligations able to grow this economy. Nothing is from his OMB Director, Mr. Peter for the Federal health care programs more important to growing the econ- Orszag—they manipulated CBO’s scor- totaled $65 trillion over a 75-year pe- omy, to creating jobs, than small busi- ing conventions. In the initial 10 year riod. That is how much we are going to nesses. budget window they only included 6 run short in money to pay for the obli- Senator CASEY talked about the re- years of spending on the major cov- gations we have incurred under Medi- cent report that came out from his erage provisions so that CBO would ap- care and Medicaid—and some other congressional committee talking about pear to score it over 10 years and say it programs, but those are the big ones. the importance of small business. The would only cost $900 billion. That delay After the recent passage of this health fact is that over the last decade, busi- tactic was a pure budget gimmick. So care bill, however, the figure, accord- nesses with fewer than 250 employees we can look at this chart and see that ing to my staff’s estimates, has gone accounted for nearly 80 percent of all from 2014 through 2023, each year these up to $82 trillion. So the difference in new hires. Economists tell us that red lines represent a situation in which the two numbers is what has been about two-thirds of the jobs that are we are closer and closer to 10 years of added to the unfunded liabilities of the going to be needed to get us out of this full implementation and how much the United States. By the way, $17 trillion recession are going to come from small cost will be. is 21⁄2 times the unfunded liabilities of businesses. So we go from 2014, and the next 10 Social Security, which is $7 trillion. In New Hampshire, small businesses years, as the bill is fully implemented, If my colleagues think I am in error are particularly important. We are a and it will cost $2.6 trillion, almost about any of these numbers, I hope small business State. Over 95 percent of three times the amount the President they will correct me. Perhaps I am, but all New Hampshire companies have promised it would cost. we work hard to be accurate about fewer than 500 employees. About 85 per- So people ask: How do we get in a sit- them, and I don’t believe I am off in cent of New Hampshire companies have uation where we are borrowing 40 cents any substantial degree. fewer than 20 employees. of every dollar we spend? This kind of The bottom line is this: We cannot We have to look at how we can help deception. A CEO in a court of law afford this law and the additional bur- those small businesses continue to would go to jail if he proposed using den it places on our country’s finances. grow. that kind of accounting in his business We must repeal this health care law Yesterday afternoon, I met with a practice and asked people to invest in in its entirety and replace it with re- group of small business owners from his stock. forms that will improve our finances New Hampshire. They were all owners Analysis by my staff on the Budget and reduce health care costs for Ameri- of construction companies. The con- Committee, based on the estimates and cans, not drive up their costs. This bill, struction industry in New Hampshire growth rates the Congressional Budget whether you like it or not, will not be has been one of those industries that Office utilizes, finds that the total implemented. We simply do not have has been hardest hit in our State, and spending under the law, including the the money. At this time of high unem- these businesses still need help. These other spending not directly related to ployment, and almost no growth, it business owners need help if they are the coverage provisions, will amount to will be hard to do the things that are going to be able to keep their busi- at least $2.6 trillion, and could be much necessary, that we have to do: fix So- nesses prospering and create jobs. more. cial Security, fix Medicare, provide for The legislation that is before us, the Now, how did they get this done? It is the common defense. Those things have Small Business Jobs and Tax Relief a sad state of affairs, frankly. The to be done. We have no money to pay Act, will help these small businesses.

VerDate Mar 15 2010 02:23 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.067 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4877 The Landrieu amendment that I do is extend for a year and a half the loans for commercial buildings—and I want to speak specifically to is critical ability for the Small Business Admin- am sure we all know someone in that as we look at how we can provide addi- istration to continue refinancing short- category—can now, if this amendment tional help to these small businesses. I term commercial real estate debt into passes, go to their local bank—it is not want to talk specifically to two provi- long-term fixed-rate loans, again, a government program; it is a partner- sions that are in the Landrieu amend- through the existing 504 loan pro- ship with the local banks and through ment, also known as the SUCCESS gram—something that makes eminent the SBA—and refinance their building Act. sense, something that we ought to do. and get a longer term loan. The first one would deal with export So those are two provisions I have In fact, I am told that this program, issues. What I have learned, as I have worked on specifically with other this 504 program, is basically taking up been working with business and look- Members of this body. They are provi- the majority of the space in this lend- ing at how we can improve our econ- sions that are bipartisan. I think they ing, that still the lenders are very omy and help create jobs, is that giving have a lot of support. If we can get this weak. They are not extending credit those small businesses access to inter- amendment to the floor, I think there out in a long fixed rate. They are lend- national markets is critical. will be a lot of support for it. And it re- ing short term. They are lending with What we know is that about 95 per- flects all of the provisions of the SUC- adjustable rates. As the Presiding Offi- cent of the markets are outside of the CESS Act that Senator LANDRIEU has cer knows, and many others, when a United States, and yet only 1 percent been putting together. person is starting a small business and of our small and medium-sized busi- Again, I want to end with where I taking so much risk, one risk that can nesses actually export. So what we started; that is, the people of New be eliminated is the cost of their have to do is help in every way we can Hampshire and the people of this coun- money. It is very comforting to a small through our policies to give them ac- try expect us to work together to ad- business owner—who has to borrow, cess to those international markets. dress the issues facing the country. No- who does not have the savings or has Senator AYOTTE and I both serve on where is that more important than in run through their savings or the equity the Small Business Committee. We rep- what we need to do to help create jobs in their home and they have to extend resent New Hampshire. Last year we and helping small businesses have the and take that risk—to be able to have held a field hearing in New Hampshire, support they need so they can create a fixed, longer term rate. So again, this proposal came from and we heard from small businesses in the jobs that are going to get us out of Senator ISAKSON, who truly is acknowl- our State about what we can do here in this recession. Providing long-term edged as the expert in this entire Washington that might help them ex- help to those people who are unem- Chamber on commercial real estate port. As a result of what we heard, we ployed is absolutely critical. This leg- and on residential real estate. He is have introduced some stand-alone leg- islation would help do that. I hope our known and respected on both sides of islation. But provisions in that stand- colleagues, when it comes to the floor, the aisle. This is his proposal with Sen- alone legislation have been incor- will decide this is one more way we can ator SHAHEEN. I thank him for his lead- porated into the SUCCESS Act—the help small businesses create jobs and ership. amendment that Senator LANDRIEU is grow this economy. Also, the Senator spoke about the ex- going to be offering. I thank Senator LANDRIEU for her port coordination. Again: zero cost; Those provisions would help our leadership and Ranking Member SNOWE just smarter government, at no cost. small businesses. One, they would im- on the Small Business Committee for We need more of that around here: prove governmentwide export pro- her leadership and hope we can move smarter government, less spending. motion. Right now we have a lot of this legislation forward this week. That is what Senator SHAHEEN’s pro- independent silos, independent efforts The PRESIDING OFFICER (Mr. posal does, which is a portion of this that exist in different agencies to help WHITEHOUSE). The Senator from Lou- amendment, the Small Business Export small businesses with exporting. What isiana. Growth Act. we want to do is provide more coordi- Ms. LANDRIEU. Mr. President, I Let me reiterate that 95 percent of nation among those independent pro- thank my colleague from New Hamp- the world’s customers are located out- grams. shire for not only being such an aggres- side of the borders of the United It would also increase State events sive and fine and thoughtful member of States. It might be shocking to people that are targeted to help small busi- the Small Business Committee, but for in America to realize this, but we rep- nesses export. Both provisions, as we her constant encouragement to me and resent only 4 to 5 percent of the popu- heard from our small businesses in New to Senator SNOWE to try to pull to- lation of the Earth. We think of our- Hampshire, are important to them, as gether some of the ideas that we all selves as the biggest and the best, and they think about what they can do to can agree on and move forward. we are the best. We are not necessarily improve their chances of exporting, It may not be the most perfect pack- the biggest when it comes to popu- getting into those international mar- age, it may not be the most extensive lation, though. kets, and having the jobs that can be package, but as the Senator from New So there are growing markets all created as a result. Hampshire said, it is a package that over the world. Mr. President, 95 per- So that is one of the provisions in the most all of us can agree to, and it has cent of our customers and a majority Landrieu amendment, the SUCCESS a pricetag of only $4 billion. of the market are outside of the bound- Act, that I think is very important. That is a lot of money. But compared aries of the United States. What we are Senator AYOTTE and I and our staffs to the Republican proposal that has recognizing is, right now only 1 percent have worked very hard on this. come over here from the House at $40 of the 28 million small businesses in Another provision that again is from billion, and the Schumer proposal, America export. Why would that be? stand-alone legislation that was intro- which I support because it is much One, it can be intimidating for a small duced by Senator LANDRIEU, Senator more targeted and much more respon- business, even though they have a SNOWE, Senator ISAKSON, and myself— sible at $20 billion, this $4 billion great product, they have a great idea, so it is also bipartisan legislation— amendment could have a tremendous they have great technology. And India would extend the 504 refinancing pro- bang, a tremendous leveraging power needs that technology or some coun- gram through the Small Business Ad- for its cost. And the two proposals Sen- tries in Africa might absolutely want ministration. ator SHAHEEN explained beautifully ac- that product or that service. The small As I go around New Hampshire, I still tually have zero cost because the 504 businesses are intimidated. They do hear the small businesses in my State program is a program that pays for not have the accountants, they do not saying that they are still having chal- itself. All we are doing is extending its normally have access to high-powered, lenges accessing credit. Well, extending authorization so people—and there are expensive lawyers and trade executives the 504 refinancing program is to me a thousands of them in Louisiana, in and experts. So that is what our gov- no-brainer as we think about how we Rhode Island, in New Hampshire, and ernment—and, frankly, State govern- can give those small businesses access other States—who are caught paying ments are doing this. Smart govern- to credit. What these provisions would higher interest rates on short-term ments at the State level—whether it is

VerDate Mar 15 2010 02:23 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.069 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4878 CONGRESSIONAL RECORD — SENATE July 11, 2012 California, Oregon, Louisiana—all intended to expand investment and em- censees from $225 million to $350 mil- States are now recognizing: Gee, we ployment. The provision would allow lion. They are bumping up against that need to get behind our small businesses businesses greater immediate benefit $3 billion cap. It has been very success- in our State and help them to export. from credits designed to encourage spe- ful. We would like to take it to the I was very proud to put a substantial cific types of activity. By providing next level. And, of course, some of the investment in the jobs act of 2010, businesses with greater opportunity to most successful funds within SBIC are which gave competitive grants to claim business credits, the provision bumping up against their $225 million States. And it is remarkable; just a lit- would also give an infusion of cash to cap per fund. So this is one of the great tle bit of investment at the Federal businesses, which might promote in- ideas that came out of our roundtable. level is leveraging a tremendous vestment. So that is another provision Again, not only does President Obama amount of excitement at the State and of our SUCCESS Act. support it, it has my strong support local level as those governments accept Section 179 is probably the most pop- and Senator SNOWE’s, the ranking those grants and then put them to ular part of our amendment and, again, member of the Small Business Com- work. Senator SNOWE has championed this in mittee. In Louisiana, our department of eco- the Finance Committee. Many Finance The next provision would be the SBA nomic development has been very ag- Committee members are completely 504 refinance. This extends for a year gressive in using its step grants. So, aware of section 179 in the Tax Code, and a half the ability of the SBA 504 again, this is not an additional grant which deals with expensing that many Loan Program. We talked about this. program. This Shaheen-Ayotte pro- restaurants and retailers use. Basi- Senator SHAHEEN spoke about this, and posal has no cost. It is perfecting, co- cally, it provides a credit for them if a I have already explained it. So this is ordinating this export initiative by es- small business buys machinery and really the Isakson-Shaheen-Snowe pro- tablishing an interagency task force equipment or property contained in or posal. between the SBA, the USDA, and the attached to a building other than The next is the small business lend- Ex-Im Bank. It is really encouraging structural components, such as refrig- ing activity index. This is something I cooperation that now does not exist at erators, grocery store counters, office have put forward. We have talked with the Federal level and requires the SBA, equipment, gasoline storage tanks, the banks and the SBA. They are all on in coordination with other agencies, to pumps at retail service stations, even board and accepting of this concept. It conduct one outreach event in each livestock, including horses, cattle, is a way to measure the small business State per year, which I think would sheep, and goats, other fur-bearing ani- lending activity that is being done at really help to motivate our State gov- mals—all of the equipment or products the city-State level through the 7(a) ernments and our stakeholders at the or purchases small businesses make to and 504 Lending Program. State level to be helpful. run their businesses. This would allow It was very curious to me, when I be- Let me go back to the beginning. We came chair of this committee, that we have the SUCCESS Act amendment. I an immediate writeoff of up to $500,000 did not have the measurements in talked earlier about 16 provisions in for this kind of property. So, again, it place to actually judge whether some this amendment. We talked about the is $2.3 billion over 10 years. It is the of our programs were really working. 100-percent exclusion of capital gains. most expensive part of this whole Were they working really well or work- We have talked about the increased de- amendment, but we think it is $2 bil- ing moderately or were they very duction for startup expenditures, which lion well invested to encourage those weak? So I have instructed my staff is Senator MERKLEY’s provisions. small businesses to make these invest- Now I want to talk about the S corp ments now, to get jobs and expansion and we have been working together to holding period. This has come out of opportunities underway. see in every way if we measure and the Finance Committee. Senator Twenty-six national business groups, really record the activities of the SNOWE and Senator CARDIN have been such as the NFIB, the U.S. Chamber of Small Business Administration. It is very strong advocates of this provision. Commerce, the National Association of only a $1 billion agency, one of the Under current law, when a corporation Home Builders, and the National Asso- smaller agencies of the government, becomes an S corporation—and there ciation for the Self-Employed, have en- but that billion dollars comes from are, of course, benefits to becoming dorsed this and have sent a letter to us taxpayers and we want to make sure that kind of corporation—right now it with very enthusiastic support. that money is spent well and wisely. is required to hold its business assets The next section is expanding access So this legislation, again, is at no for 10 years or pay punitive taxes. In to capital for entrepreneurs. This was cost. It can be done within the current our mind, this 10-year holding period is actually mentioned in President budget. It will be called the lender ac- too long. It ties up assets that could be Obama’s State of the Union Message to tivity index. It will be posted on the sold to raise capital. In 2010, in our us when he talked about his small busi- SBA Web site. It will have the name of small business bill, we reduced this ness proposals. He outlined maybe half the bank, the number of SBA loans holding period to 5 years so businesses a dozen things, a few of which we have made by each bank, the total dollar would be better able to manage their implemented and a few of which we amount of SBA loans, the ZIP Code of planning cycles. So this proposal is to have not yet implemented. This was on bank activity, the industries lent to, so extend the 5-year holding period his bucket list, if you will. And I am a we can sort of see how our banks are through 2012 and 2013. You know, po- strong proponent of this provision. lending and to what areas, the stage of tentially, if we could afford it, we We created a small business invest- the business cycle, and then whether it would like to make this proposal per- ment company in a bipartisan way dec- was a woman-owned, minority-owned, manent, but in the Landrieu SUCCESS ades ago. It has been one of the most or veteran-owned business, if that in- Act amendment, it would extend it successful programs created to spur formation can be obtained. It is very through 2012 and 2013 and has a mini- business development in the country. simple. We made sure the language is mal cost. It basically operates on a sustainable easy for the banks. They already have The next provision is a carryback level and does not cost the Federal to report this data; it is just not in a provision—up to 5 years of general Government anything. It is like ven- useable format. This will require them business credits. This is a proposal ture capital—not really like venture to put it in a useable format. about which Senator SNOWE feels very capital—it is like an investment; not a The next is access to global markets. strongly. The proposal would extend bank but a nonbank investment com- This is what Senator SHAHEEN spoke the carryback period from 1 year to 5 pany that was created many years be- about. So the major part of this bill is years for general business credits fore I became chair of this committee. tax cuts to businesses and then some earned in 2012 and 2013. It would pro- It is something that was done through oversight of the SBA, tightening up, vide tax refunds to businesses that Democratic and Republicans adminis- coordinating our export strategy. And were previously healthy but are cur- trations because it worked. then the next and final part of this—or rently running losses. All this does is raise the statutory next to last part of our amendment is The proposal would improve the ef- cap from $3 billion to $4 billion, and it basically access to mentoring, edu- fectiveness of business credits that are increases the amount of leverage of li- cation, strategic partnership.

VerDate Mar 15 2010 03:07 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.070 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4879 In our roundtable—I am not going to bly because this amendment has been would do its part, either producing or go into all of the details of these items, put together by Senator SNOWE and her conserving or a little of both, we could but the bottom line is that in our staff with me and members of the actually get there. But I get a little roundtable, experts—business owners Small Business Committee on both tired of the lectures criticizing us—par- and the Kauffman Foundation and oth- sides of the aisle. We picked up some ticularly from States that neither con- ers—came to us and said: Senator, you great ideas from individual legislation serve nor produce. are right, businesses need capital. You that had been filed, and it got unani- California gets a little bit of a break, are right, we need access to global mar- mous consent and review, talking to even though they consume more en- kets. You are right that we need a fair many people. ergy than any State. They are a net tax code. But what businesses also need So we don’t believe it is controver- consumer of energy. We are down here, is technical advice and support and sial. We know it doesn’t cost that a net producer. The States that training, and we need more education, much—$4 billion—and we believe it will produce more energy than they con- entrepreneurship education. have a tremendous and immediate im- sume are Wyoming, West Virginia, The Small Business Administration pact on small businesses in America. Louisiana, New Mexico, Alaska, Ken- is not the education agency, so we have I wanted to give that explanation. We tucky—and North Dakota should be on been very careful not to mission creep. have received a tremendous amount of here now because this was some years We have designed a couple of proposals support today from a variety of organi- ago. Probably Montana also would be that can encourage better activity zations. on here now. within the SBA to form partnerships I see my colleague on the floor. I will The Senator from Florida is coming with nonprofits and even for-profits, yield the floor at this time and perhaps and lecturing everybody about pro- not-for-profits, and schools to promote will take a few more minutes before 6 ducing, and his own State produces vir- tually nothing and consumes every- entrepreneurship appropriately. The o’clock. Federal Government can be a model. It The PRESIDING OFFICER. The Sen- thing. I wanted to say that I find that is only one model. But we believe tech- ator from Tennessee is recognized. offensive. California gets a little bit of nical training is important. We have Mr. ALEXANDER. Mr. President, I a pass from me because if we look at another chart, they do more to sort of partners already established—the wom- am awaiting Senator DURBIN and Sen- consume energy through government en’s small business centers and minor- ator ENZI. I will be happy to listen to regulations, which I know the other ity business centers. Getting them to the Senator from Louisiana if she side doesn’t like. They think we don’t be more effective and providing addi- would like to continue for a while until need any regulations, and that is their tional counseling is very important. they come. I plan to speak for a few view. California has a lot of regula- Finally on this amendment, access to minutes after they speak on a different tions—maybe too much for me as government contracting is another subject. method for small businesses to be able The PRESIDING OFFICER. The Sen- well—but they are doing a lot to con- serve. Florida doesn’t. Maybe if Florida to grow. Governments—whether it is ator from Louisiana. started doing a little drilling, it would Federal, State, or local—are huge pur- Ms. LANDRIEU. Mr. President, there help the United States to be more en- chasers of goods and services, and if are a few other things I would like to say. ergy independent. our contracting laws are right and if My second point: I want to answer they are enforced, then small busi- I wanted to take a minute to respond something Senator SESSIONS said. I to something that Senator RUBIO said nesses in America will have an oppor- will try to find my document on that tunity to get started by competing for earlier, and Senator SESSIONS, while I in a minute. Senator SESSIONS came to was on the floor. I have great respect government contracts or to grow by re- the floor a few minutes ago and talked for those two Members, but he came to ceiving government contracts. And about the cost of the health care bill. they are more likely to grow. If a big the floor with a fairly critical diatribe, The health care bill has some expen- business gets a contract from the gov- if you will, against some of President sive components to it. The purpose of ernment, they can sometimes absorb Obama’s policies. I have not been a the health care bill, remember, Mr. that contact and make their company great supporter of the President’s en- President—because the occupant of the more efficient, giving more work to the ergy policies, and I actually appreciate chair was in the middle of that battle— people who are already there. And some of the views Senator RUBIO holds was designed to reduce the overall cost there is nothing wrong with that; that about the fact that we need to drill of health care for the Nation because is business. But when a small business more in this country. the percentage of the gross national gets a government contract, most of I want to show something I think product going to health care was mov- the time it results in additional hiring Florida should be mindful of and sug- ing up dramatically and frighten- because small businesses have to be gest that the Senator from Florida ingly—from 12 percent a few years ago lean and agile. So they might have five could start making that speech at to 14 percent, to 16 percent, and it was people but they have a lot of expertise. home in Florida because Florida is one on its way to 19 percent. It was on its They land a contract from the govern- of the States that virtually produces way to 19 percent before Barack Obama ment that they are most certainly no energy, from any source. It has been got sworn into office. qualified to do, and then they have to a bone of contention with me for many I am getting tired—and the American hire. So they have to hire 10 people to years that we have had Senators come people are getting tired—of the same carry out that contract, which is why I to the floor and talk about what so- diatribe coming from the other side of have been very supportive—Senator and-so doesn’t do and what so-and-so the aisle about how the cost of the Af- CARDIN has been a champion on this doesn’t do. fordable Care Act is causing the coun- issue and Senator LEVIN as well—of I want to remind the Senator from try to go off the edge. This country was giving small businesses an opportunity Florida that the gas that keeps the going off the edge before President for contracting. That will really help. lights on in Florida actually comes Obama even became President. They In conclusion on this amendment—I from the Mobile Bay. These are the know that. But they are just bound and see other Members coming to the floor. pipelines that Mississippi and Alabama determined to keep talking about the I wish to speak for another 5 or so min- and Texas—9,000 miles of pipelines and same old thing day in and day out, utes. I came to the floor today to sup- drilling—have off of our shore and on- about how the Affordable Care Act is port the underlying bill, which is the shore to provide gas and lights to Flor- wrecking America. The only thing Schumer tax cut provision that is tar- ida. wrecking America is their stubborn- geted tax relief to small businesses in This is a chart that is very inter- ness. America. I hope our Members will sup- esting. Before America can be energy I want to put this into the RECORD. port that. independent or energy secure, each When President Clinton was President, If for any reason they don’t support State should be energy secure, or each as you know, it was the last time we that, or even if we do, we will still have region. The country is not made up of had a surplus. It was the Republican an opportunity, I hope, to vote on the smoke and mirrors; it is made up of 50 President and the Republican leader- Landrieu amendment. I say that hum- States. If every State and every region ship that turned that surplus into a

VerDate Mar 15 2010 02:23 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.072 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4880 CONGRESSIONAL RECORD — SENATE July 11, 2012 deficit. The ship had already hit the I hope the American people will lis- Senator ENZI of Wyoming, Senator iceberg before President Obama took ten because I am so tired of that same DURBIN of Illinois, and a group of other his oath of office. Now they want to old speech. I have heard it for 3 years— Senators and House Members who are blame the entire deficit on the Afford- before the debate, during the debate, working on legislation called the Mar- able Care Act. and I guess we are going to hear it up ketplace Fairness Act. When the Affordable Care Act is im- to the election. I hope the American I am going to let them do their own plemented—now that the Supreme people will listen. Don’t let them talk speaking. I am their chief self-ap- Court has said it is most certainly con- about the tax that is supposedly in this pointed cheerleader. Senator ENZI has stitutional—instead of fighting it every bill. The Affordable Care Act is alle- been working on this ever since he has step of the way, it would, in the long viating a tax burden. It alleviates a been in the Senate. He has a special run, save money. terrible tax burden, an invisible tax passion for it as a former owner of a They want to talk about this tax, that has been on the American people, shoe store in Wyoming. tax, tax, tax. I want to call what they and a heavy burden on the backs of the Let me see if I can phrase it this way. do the ‘‘no care tax,’’ because that is taxpayers—and immoral in some ways, If I were to ask the question, What do the Republican position. Before there as well—with working Americans Governor Chris Christie, Governor was the Affordable Care Act, people in working 50, 60 hours a week, and when Mitch Daniels, Governor Jeb Bush, America were losing care rapidly. they get sick, they have nowhere to Governor Haley Barbour, Al Cardenas, Small businesses were dropping their turn. chairman of the American Conserv- insurance. They could not afford it Instead of putting their proposals on ative Union, Governor Bob McDonnell anymore. These premiums have been the table, they decided they wanted to of Virginia, and Governor Paul LePage going up for a long time. The Afford- block and tackle and stop and not con- of Maine all have in common, one able Care Act didn’t drive the pre- tribute anything. I think the country might say they are all Republicans, miums up; they were going through the will make a good decision. I think the and that is true. One might say they ceiling. We had to do something to try country likes the fact that their kids are all conservatives, and that is true. to stop it. can stay on their health care plan until The other thing one could say about those Governors and Republicans and When President Obama came into of- they are 26, and they like the fact that conservatives is that they all support fice, and we saw that the trends were when they get sick with cancer or dia- the Enzi-Durbin Marketplace Fairness going up, in our efforts to try to get betes they cannot be kicked off their Act. What is the Marketplace Fairness the budget back into balance it was ob- health insurance. Particularly busi- Act and why do they support it? The vious that we had to do something with nesses would like it if the States would Marketplace Fairness Act is an 11-page health care. But they keep talking step up and cover some of these lower bill about a two-word issue, and the about tax, tax, tax. I remind them that wage workers, and the burden would before we passed the Affordable Care issue is States rights. not fall on us. The reason I am such a strong sup- Act, there was a tax on every insurance For every Governor—and mine may porter and a cosponsor of what they are policy that people in America had be- be one—who rejects the expansion of doing is because when I, in my former cause it was a tax for the uninsured. It Medicare, who do they think has to life, used to be Governor of Tennessee, was about $1,200. That tax was on the pick this up? It is the small businesses. nothing would make me angrier than backs of the American people before The burden should be shared for our Washington politicians who would try President Obama ever became Presi- lower income workers broadly, not on to tell me what to do about my own dent, before we even began debating the backs of businesses that are strug- business. We have a legislature in Ten- the Affordable Care Act. gling. That is the way we designed this nessee and in Wyoming and we have a The other cost that was going on in program. The Federal Government Governor and we know what services this country was the people who didn’t said: We know it is tough. We know it have Medicare, who didn’t have Med- we want and we have a range of options is an expansion. Do you know what. We of taxes to pay for that. It was always icaid, and didn’t have insurance—and it will pick up the 3 years 100 percent to my position we could make our own de- was a rising number of people without give you some time, to help you so you cisions about how to do that. insurance. And as States cut back on can look at your Tax Code, and you What Senators ENZI and DURBIN and their Medicaid, a rising number of peo- might be able to find out and let me others of us are saying is that States ple who didn’t have Medicaid went to get this one more thing off my chest. have a right to decide what taxes they our hospitals, our private hospitals, Who made up the rule that the Federal impose and from whom to collect them. our public hospitals, and our not-for- Government is in charge of the health If the States of Tennessee or Wyoming profit hospitals. Do you know what the of every American citizen? Do Gov- say: We are going to have a sales tax Republicans want to tell them. Just ernors have any responsibility for and we are only collecting it from half treat those people for free. There is no health? Are we supposed to just do ev- the people, it has the right to be one to reimburse you for this cost. erything up here? Do mayors and Gov- wrong. That is what I mean by States Medicaid will not reimburse them be- ernors have any responsibility for the rights. cause they are not 65. They don’t have health and welfare of the people they If I were in Tennessee, I would say: private insurance. And the Governors serve? I suggest the Governors—some Surely, you will not have a State sales cut back on Medicaid because they of them—get off the campaign trail, tax and only collect it from some of can’t bear to go look for some tax loop- get back to their offices, and start put- the people. You would collect it from holes that people might not need in ting health care legislation together— all the people who owe it. Surely, you order to provide working Americans particularly some of the Republican will treat all your businesses that are with health care. Governors. in a similarly situated situation the They are too busy campaigning for I am glad I said that. I am happy to same way. That would be my position their next election, so they told all the turn over the microphone. I suggest if I were Governor or in the legislature, hospitals: You all go ahead and take the absence of a quorum. but I will let them decide that. care of these people for free. So when a The PRESIDING OFFICER. The What we have advanced in the Sen- non-paying customer went to a hos- clerk will call the roll. ate, which has 13 cosponsors, is a piece pital, whom do you think picked up the The assistant legislative clerk pro- of legislation that makes it clear tab for that? The paying customer. ceeded to call the roll. States can decide for themselves So before President Obama became Mr. ALEXANDER. Mr. President, I whether to collect State sales taxes the President, before we started trying ask unanimous consent that the order from some of the people who owe it or to figure out a way out of this terrible for the quorum call be rescinded. from all the people who owe it. I will mess, there was a huge tax on the The PRESIDING OFFICER. Without give an example and then I will sit backs of the American people and a objection, it is so ordered. down and listen to Senator ENZI and let huge debt having to be paid every year MARKETPLACE FAIRNESS ACT him talk. by every hospital in America. Why Mr. ALEXANDER. Mr. President, I This past week I had a birthday, and don’t they talk about that? They don’t. have come to the floor in support of my wife gave me an ice cream maker

VerDate Mar 15 2010 02:23 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.073 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4881 from Williams-Sonoma, which I am saying let’s pass it. Let’s get out of the and-mortar store than if they bought sure is going to add a few pounds as the way and let States make their own de- the book online. There is nothing dif- months go on. So there we were over cisions, and then the States can decide ferent about the brick-and-mortar the Fourth of July holiday, and I want- from whom they want to collect their store’s book versus the book purchased ed to get some of the stuff one needs to sales taxes. on the Internet except the sales tax make ice cream. You can buy ice I congratulate Senator ENZI—and they have to pay. If they choose to do cream starter from Williams-Sonoma Senator DURBIN—on his work and I so, States should have the flexibility and it comes in a can and it makes the look forward to working with Senator and the ability to fix this inequality. project a lot easier and you can buy ENZI and I hope this year we can con- Sales taxes go directly to State and chocolate syrup and they will mail it tinue to turn this bill the Senator has local governments. They bring in need- right to your house. You can do all worked on for more than a dozen years ed revenue for maintaining our schools, these things online, of course, or I into a law. fixing our roads, and supporting our could have driven back to Nashville I thank the Chair, and I yield the law enforcement. As I like to add, have and gone to the store in Nashville and floor. you ever tried to flush your toilet on bought it all there. If I had bought all The PRESIDING OFFICER. The Sen- the Internet? If sales over the Internet that stuff in Nashville, I would have ator from Wyoming. continue to go untaxed and electronic paid Nashville’s 9.25 percent sales tax. Mr. ENZI. Mr. President, the Senator commerce continues to soar, revenues If I buy it online, I wouldn’t have to from Tennessee, Mr. ALEXANDER, is far to State and local governments will pay the tax when I bought it, except too modest. Yes, I have been working plummet. But if Congress fails to au- that Williams-Sonoma collects it. So I on this since I got to the Senate, but thorize States to collect tax on remote went on the Internet, put it on my he is the one who got it shortened down sales and electronic commerce con- credit card, and there was the amount to 11 pages and made it a States rights tinues to grow, we are implicitly bless- of money it cost to buy the stuff for bill. The States are realizing their ing a situation where States will be my ice cream maker. Right at the end rights anyway, and there are attempts forced to raise other taxes, such as in- of it, it added the tax on, the same at making changes in the sales tax law come or property taxes, to offset the sales tax I owed and would have paid if in order to cover this huge loss of rev- growing loss of sales tax revenue. Do I had been at Williams-Sonoma in enue they are experiencing, but it we want this to happen? No, we don’t. Nashville. So I pushed the button, off it doesn’t work unless we do what the Su- The Marketplace Fairness Act was went, they collected the tax from my preme Court urged us to do when they written in the aftermath of the Su- credit card, sent it to the State of Ten- issued the Quill decision back in the preme Court’s 1992 Quill decision. Con- nessee, and it was done. 1990s, which is to pass a national law gressional involvement is necessary be- Twenty years ago, that wouldn’t that clarifies how this tax would be cause the ruling stated the thousands have happened with an out-of-State collected if the States choose to do it. of different State and local tax rules seller. It was too cumbersome. The I am very pleased Senator DURBIN were too complicated and onerous to technology wasn’t advanced, the Inter- joined us on this issue. Practically require businesses to collect sales tax net wasn’t as fast, and the States had every State is losing money because of unless they had a physical presence— not gotten their acts together. It was the tax that is only being collected for store, warehouse, et cetera—in the pur- all very confusing, and the Supreme people who buy instate, and when they chaser’s home State. Court said you can’t impose that on buy out of State, they are used to it The Supreme Court essentially stat- States—requiring an out-of-State seller being collected and it isn’t collected. ed Congress needs to decide how to to collect the sales tax that is owed— So half the time the State is not get- move forward. I strongly believe now is even though it may be owed. Today, it ting its money, and we need to change the time for Congress to act. Many is different. It is as easy to figure out that before States come to the Federal Americans don’t realize when they buy the tax as it is to Google the weather Government and say we need some something online or order something in your hometown. In fact, it is easier. money for this project and then that from a catalog from a business outside It is easier to have the tax collected sometimes gets worked into a bill. We their own State, they still owe the online than it is to go into the store are out of money at the Federal level. sales tax. For over a decade, Congress and do it. We have eliminated earmarks, so we has been debating how to best allow In any event, in the State of Ten- can’t do what we used to do, and we States to collect the sales taxes from nessee, Governor Haslam and the Lieu- probably shouldn’t have done it then. online retailers in a way that puts tenant Governor—and I can guarantee At any rate, we are borrowing 42 cents Main Street businesses on a level and we are a conservative State—want the on every $1 we spend, so we don’t have fair playing field with the online re- right to decide that for themselves. I any money to give to the States. tailers. know what they are going to do, if they But the States do have this author- The Marketplace Fairness Act em- have the right to collect the sales tax ity, an authority to do a sales tax. Of powers States to make the decision from everybody who owes it instead of course, they didn’t anticipate they themselves. If they choose to collect just some of the people who owe it. were just going to tax the businesses already existing sales taxes on all pur- They are going to lower the tax rate that were in their State that were pay- chases, regardless of where the sale for everybody. They might get rid of ing a property tax and were hiring was—whether it was online or in a the only vestige of an income tax we local people and were participating in store—they can. If they want to keep it have, or the food tax might go down. all the community events and telling the way they are, the States can do They might spend some more money everybody out of State they didn’t that. for teachers’ salaries. That is their have any responsibility in it. There has I have been working on this sales tax business. always been an effort to get their re- fairness since joining the Senate in But I am here to say that Senators sponsibility too. I am glad we have this 1997. As a former small business owner, ENZI and DURBIN and others have opportunity to discuss the small busi- it is important to level the playing solved a big problem for this country, ness jobs and tax bill, but in this field for all retailers—in-store, catalog, and the reason why this bill is inevi- amendment to it—which would be and online—so an outdated rule for table and why I hope it will pass this known as the Marketplace Fairness sales tax collection does not adversely week or next week or the next week— Act—we are talking about fairness. We impact small businesses and Main and why I believe the House of Rep- do expect everybody will be treated Street retailers. As a State legislator, I resentatives is going to pass it as fairly. know we never passed a law, as I said, well—is because it is a simple 11-page So let’s start with a common-day that discriminated against the instate bill about a 2-word issue: States rights. practice that is happening in our Na- people. We never put a burden on peo- That is why Governor Christie and tion’s retail markets today. If someone ple who pay the property tax, who hire Governor Daniels and Governor Bush buys the book ‘‘The Hunger Games’’ at local residents and participate in the and Congressman PENCE and many Re- the local bookshop in town, they will community events while telling those publicans and many conservatives are pay more for the book from the brick- out of State we want them to have our

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BIN, ALEXANDER, TIM JOHNSON, and I in- give States less of an excuse to come The notion of offering this as an troduced, with six of our other col- knocking on the Federal door for hand- amendment is a show of good faith on leagues, in a very bipartisan way, the outs and will reduce the problem of fed- our part and a show of commitment to Marketplace Fairness Act to close this erally attached strings. It will give the seriousness and the importance of 20-year loophole that distorts the States a chance to reduce property this issue. The fact that many Demo- American marketplace by picking win- taxes or other taxes. crats and Republicans can join to- ners and losers, by subsidizing some The Marketplace Fairness Act is not gether in this bipartisan manner is an businesses at the expense of other busi- about new taxes. No one should tax the indication that this bill cuts across nesses and subsidizing taxpayers at the use of the Internet. No one should tax party lines. I think it gets down to a expense of other taxpayers. All busi- Internet services. I do, however, have basic issue, as it says, of fairness. nesses and their retail sales and all concerns about using the Internet as a The economy is clearly getting bet- consumers and their purchases should sales tax loophole. Sales tax collection ter. There are better days ahead; jobs be treated equally and fairly. is already required by my home State are being created and our economy is I wish to provide some highlights of of Wyoming no matter how or where growing stronger. There may be times what the Marketplace Fairness Act ac- we buy something, if it is not taxed by when the job numbers are dis- complishes: the State we get it from. We are sup- appointing and the stock market stum- The bill gives States the right to de- posed to fill out our own form and sub- bles, and we continue to face chal- cide to collect or not to collect taxes mit the information. Nobody is used to lenges in Europe and other places, but that are already owed. The legislation filing that kind of form or doing that we are improving. would streamline the country’s more kind of tax collection, and they never Businesses in Illinois and across the than 9,000 diverse sales tax jurisdic- know whether the tax is owed or how country are starting to see customers tions and provide two options by which much it is, particularly on small pur- come back. Small retailers in my home States could begin collecting taxes for chases. State of Illinois are pushing the slogan online and catalog purchases. The bill It is always collected at the stores by ‘‘buy local’’ in their effort to urge con- gives States two voluntary options the stores in state. We have to make sumers to come back to local stores, that would allow them to collect the the system simpler so they don’t have farmers markets, and shoe stores, in- State sales taxes that are already owed to fill out forms. Under Wyoming law, stead of buying online. These efforts if they choose. online purchases are already subject to support local brick-and-mortar sellers The first option is the Streamlined a sales tax; it just can’t be collected who contribute to the community in so Sales and Use Tax Agreement, sup- and given to our State. The situation is many different ways. They sponsor the ported by 24 States that have already very similar to that of other States. local baseball teams, they collect sales Senators DURBIN, ALEXANDER, and I passed laws to simplify their tax col- and use taxes that pay for services have worked tirelessly to assist the lection rules. The second option puts in such as fire, police, and trash collec- sellers, States, and local governments place basic minimum simplification tion, and they provide good-paying to simplify sales and use tax collection measures States can adopt to make it local jobs. easier for out-of-State businesses to and administration. We have worked While these efforts have been suc- comply. with all interested parties to find a cessful, many local retailers share with mutually agreeable legislative package The bill also carves out small busi- me how frustrating it is to lose busi- to introduce. Many hours have been nesses so they are not adversely af- ness because online retailers have a fected by the new law by exempting dedicated to finding the right solution. I want to publicly commend and built-in advantage that I have seen businesses with less than $500,000 in firsthand. While local Main Street thank Senators DURBIN and ALEXANDER sales online or out-of-State sales from for taking a leadership role in working businesses collect State and local taxes collection requirements. It is very im- on this important policy issue. and use taxes, their online competitors portant there is an exemption for Ten years ago, the bills we consid- don’t. In Illinois, this can mean an 8- startup and small businesses if they ered to try to close this loophole were percent differential in price. This en- have less than $500,000 of sales in 1 not adequate to solve the problem. courages customers to buy everything year. Once they reach the $500,000, then Marketplace Fairness does solve the from electronics to books online to the next year they have to begin col- problem. It is simple. It is about avoid paying sales tax and use taxes. lecting the tax. This small business ex- States’ rights. It is about fairness. At a A couple examples: emption will protect small merchants time when States’ budgets are under Bob Naughtrip, owner of Soccer Plus and give new businesses time to get increasing pressure, Congress should in Palatine and Libertyville, IL, de- started. give State and local governments the scribes how his biggest online compet- Don’t let the critics get away with ability to enforce their own laws. I itor can offer a discount of more than saying this kind of simplification can- strongly encourage my colleagues to $10,000 because it doesn’t have to col- not be done. In the early 1990s, when support amendment No. 2496, known as lect sales and use taxes. Bob sells the Quill decision was handed down, the Marketplace Fairness Act, and get sporting equipment to local sports the Internet was still in diapers and it enacted into public law this year. clubs, and it is not unusual for these cell phones came with bags and looked Mr. President, I yield the floor. clubs to make purchases that exceed like bricks. Cell phones now have The PRESIDING OFFICER (Mr. BEN- $100,000 a year. He can’t compete when Internet capability, and software, com- NET). The Senator from Illinois. the competition has a $10,000 price ad- puters, and technologies have all ad- Mr. DURBIN. Mr. President, I thank vantage, so he loses the business. vanced at an exponential pace. The dif- Senator ALEXANDER of Tennessee and Matt Lamsargis, owner of the Spring- ferent rates and jurisdiction problem is Senator ENZI of Wyoming, cosponsors field Running Center—a person I have no problem for today’s programs. of this measure and participants in this come to know—and Bob Thompson, As a former mayor and State legis- colloquy on the floor today. I am sorry owner of BikeTek, both in my home- lator, I also strongly favor allowing I wasn’t here at the outset, but I am town of Springfield, told me when I vis- States the authority to require sales grateful for their participation and ited their small businesses last year and use tax collection from retailers in comments they have made, and espe- they are victims of ‘‘showrooming,’’ all sales, if they choose to do so. We cially for their commitment to this they call it. They lose business when need to implement a plan that will cause. customers walk into the store, look allow States to generate revenue using I think Senator ENZI—and I would around, maybe even try on the clothing mechanisms already approved by their give special thanks to Senator ALEX- and shoes or even get fitted just right,

VerDate Mar 15 2010 04:28 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.076 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4883 write down a few numbers, then walk are going to react positively. They are kansas Grocers and Retail Merchants Asso- out the door and order the product over on record in favor of this. ciation; Association for Christian Retail; As- the Internet at a discount, because the It is also supported by groups such as sociation of Washington Business; AutoZone, the U.S. Conference of Mayors, the Na- Inc.; Balliet’s LLC; Barnes and Noble, Inc.; Internet seller doesn’t collect sales tax Beall’s, Inc.; Bed, Bath, & Beyond, Inc.; Ben and these local retailers have to. Iron- tional Association of Counties, and the Bridge Jewelers, Seattle, WA; Best Buy Co., ically, some of the customers, dissatis- National Council of State Legislators. Inc.; Blake Hunt Ventures, Inc., Danville, fied with their online purchases, come The National Governors Association CA; Build-A-Bear Workshops®, Saint Louis, back to the same store to complain supports the Marketplace Fairness Act, MO; Buy.com; California Association of Col- about a product they didn’t even buy because these State and local govern- lege Store; California Business Properties there. So we have got to find a way to ments are losing about $23 billion a Association; California Retailers Associa- make this a fairer marketplace. year on uncollected sales tax. In Illi- tion; California Veterinary Medical Associa- tion; Carolinas Food Industry Council; CBL Why can’t State and local govern- nois, we are losing about $1 billion a & Associates Properties, Inc., Chattanooga, ments require online retailers to col- year, about 15 percent of our current TN; Cencor Realty Services, Dallas, TX; Cen- lect sales and use taxes? For 20 years, deficit. It would make a difference if ter on Budget and Policy Priorities; Cer- State and local governments have been we could collect this. Again, the States tified Commercial Investment Member Insti- prohibited from enforcing their own would have to make that decision. We tute; Chesterfield Blue Valley, LLC, St. sales and use tax laws because of a Su- don’t force it on them. Louis, MO; Christian Booksellers Associa- preme Court decision in Quill v. North This has the support of eight Demo- tion; City of Carrollton, Texas; College cratic Governors and 13 Republican Stores of New England (MA, CT, RI, ME, VT, Dakota where the Court clearly stated NH); College Stores Association of New York that only Congress has the authority Governors, including Governor Quinn State. to solve this problem. of Illinois, O’Malley of Maryland, College Stores Association of North Caro- Last year, Senator ENZI, Senator McDonnell of Virginia, Mitch Daniels lina; Colorado Retail Council; Colorado Vet- ALEXANDER, and I introduced the Mar- of Indiana, and Haley from the State of erinary Medical Association; Connecticut ketplace Fairness Act with additional South Carolina. Recently, Governor Retail Merchants Association; Consumer cosponsors. We now have 13 bipartisan Chris Christie from the State of New Electronics Association; Consumer Elec- Jersey publicly came out in support tronics Retailers Coalition; The Container sponsors. This bipartisan group of Sen- Store, Dallas, Texas; The CortiGilchrist ators understands that to truly help and said: Partnership, Ilc, Al Corti, Principal, San small businesses grow and create jobs, I too—along with Governors like Governor Diego, CA; D. Talmage Hocker, The Hocker we need to make sure they compete on Daniels and others—urge the federal govern- Group, Louisville, KY; David Hocker & Asso- a level playing field. The Marketplace ment and Congress in particular to get be- ciates, Inc., Owensboro, Kentucky; DDR Fairness Act would do that. That is hind . . . legislation to allow states to be Corp., Beachwood, OH; Delaware Veterinary why it is being filed as an amendment able to make these choices for themselves. Medical Association; Dick’s Sporting Goods, ... to the Small Business Jobs and Tax Re- Inc.; DLC Management Corp., Tarrytown, Governor LePage, a Republican Gov- NY; Donahue Schriber Realty Group, Costa lief Act. Mesa, CA; Economic Alliance of Snohomish Our amendment is about saving Main ernor from the State of Maine, wrote a letter of support saying, ‘‘The Market- County, WA; Edens & Avant, Columbia, SC; Street businesses and the jobs provided Evergreen Devco, Inc., Glendale, CA; Fair- by those businesses. This bill does not place Fairness Act does not raise field Corporation, Battle Creek, MI; Federal mandate the States but it allows taxes.’’ The point he makes and the ar- Realty Investment Trust, Rockville, MD; States, if they choose, to require online gument here is this is not a new tax. FedTax, David Campbell, CEO; Florida Re- and brick-and-mortar retailers to play So if this bill has such broad bipar- tail Federation; Food Marketing Institute; tisan support, why haven’t we passed Foot Locker, Inc.; Footwear Distributors by the same sales tax rules. The bill and Retailers of America; Forest City Enter- eliminates the built-in price advantage it? Well, we need 60 Senators. The ma- jority leader has said to me and Sen- prises, Inc., Cleveland, OH; Gap Inc., San that has distorted the market for 20 Francisco, CA; Garrison Pacific Properties, ator ENZI, ‘‘Show me the votes.’’ And years. San Rafael, CA; General Growth Properties, that is what we are trying to do—bring It includes, as Senator ENZI recently Chicago, IL; Georgia Association of College said, a small seller exemption for those together a bipartisan group that will Stores; Georgia Retail Association; Georgia selling less than $500,000 worth of com- support this, that understands it is Veterinary Medical Association; Glimcher modities a year. If Grandma Bennet’s simple fairness for small businesses Realty Trust, Columbus, OH; Governing apple butter is being cased up and sold that create jobs and opportunities all Board of the Streamlined Sales and Use Tax across America. And with the sales Agreement; Government Finance Officers to the tune of $10,000 or $20,000 a year Association; Great Lakes Independent Book- online because her smart grandson has taxes they collect, they provide for local police and firemen, for the sewers sellers Association; The Greeby Companies, given her advice on how she can retail Inc., Chicago, IL; Hart Realty Advisers, Inc., this online, she doesn’t have to start and streets, and the things in life that Simsbury, CT; The Home Depot, Inc.; Hy- collecting sales tax until she has sold we come to take for granted in our cit- Vee, Inc.; Idaho Retailers Association; Idaho $500,000 worth of goods; in the next ies across America. We want to make Veterinary Medical Association; Illinois As- year, she collects sales tax. So we are sure the online retailers are making sociation of College Stores; Illinois Retail trying to be sensitive to smaller busi- the same contribution. Merchants Association; Illinois State Veteri- So I urge my colleagues, when this nary Medical Association; Independent Run- nesses and, as Senator ENZI said, start- amendment comes before them, to sup- ning Retailer Association; Indiana Retail up businesses. Council. This bill includes 240 organizations. I port it on a bipartisan basis. Mr. President, I yield the floor. Indiana Veterinary Medical Association; ask unanimous consent that the list of Institute of Real Management; International those organizations be printed in the EXHIBIT 1 Association of Fire Fighters; International SUPPORT FOR THE MARKETPLACE FAIRNESS RECORD after my remarks. Council of Shopping Centers; International ACT The PRESIDING OFFICER. Without Economic Development Council; Inter- objection, it is so ordered. American Federation of Labor and Con- national Federation of Professional and gress of Industrial Organizations; Abbell Technical Engineers; Iowa Retail Federa- (See exhibit 1.) Credit Corporation, Chicago, IL; Acadia Re- tion; Iowa Veterinary Medical Association; Mr. DURBIN. This is an issue where alty Trust, White Plains, NY; AFL–CIO De- J.C. Penney Corporation, Inc.; JCPenney; the International Association of Fire- partment for Professional Employees; Jewelers of America; Jo-Ann Stores, Inc.; fighters and AFSCME stand together Airgas, Inc.; Alabama College Bookstore As- John Bucksbaum, Private Real Estate Inves- with the National Retail Federation, sociation; Alabama Retail Association; Alas- tor/Developer, Former Chairman and CEO of the Retail Industry Leaders Associa- ka Veterinary Medical Association; Alliance General Growth; Kemper Development Com- tion, and the Consumer Electronics As- of Wisconsin Retailers; Amazon.com; Amer- pany, Bellevue, WA; Kentucky Retail Fed- sociation. What an amazing coalition. ican Apparel and Footwear Association; eration; Kentucky Veterinary Medical Asso- Amazon.com, the largest retailer on- American Booksellers Association; American ciation; Kimco Realty Corporation, New Federation of State, County and Municipal Hyde Park, NY; The Kroger Company; L. Mi- line in America, supports our bill. Yet Employees; American Federation of Teach- chael Foley and Associates, LLC, La Jolla, the largest online retailer, in sup- ers; American Specialty Toy Retailing Asso- CA; Limited Brands, Inc.; Los Angeles Area porting this bill, still has Members of ciation; American Veterinary Medical Asso- Chamber of Commerce; Louisiana Retailers the Senate questioning whether they ciation; Arizona Retailers Association; Ar- Association; Louisiana Veterinary Medical

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Association; Lowes Companies, Inc.; Maine Corporation; Taubman Realty Group, Bloom- The Senator from Nevada [Mr. REID] pro- Merchants Association; Maine Veterinary field Hills, MI; Tennessee Retail Association; poses an amendment numbered 2522 to Medical Association; Malcolm Riley and As- Tennessee Veterinary Medical Association; amendment No. 2521. sociates Los Angeles, CA; Marketing Devel- Texas Retailers Association; The Timberland The amendment is as follows: opments, Inc. MI; Marshall Music Co., Lan- Company; Tractor Supply Company; Tri- At the end, add the following new section: sing, MI; Mary Lou Fiala, CEO, Loft Unlim- State Bookstore Association; The UAW; U.S. lll ited, Ponte Vedra Beach Florida; Maryland Conference of Mayors; Utah Food Industry SEC. . This Act shall become effective 7 days Retailers Association; Massachusetts Veteri- Association; Utah Retail Merchants Associa- after enactment. nary Medical Association; Meijer, Inc.; tion; Utah Veterinary Medical Association; Michigan Association of College Stores; Vermont Retail Association; Vestar Develop- Mr. REID. Mr. President, I ask for Michigan Retailers Association; Michigan ment Co.—Phoenix AZ; Virginia Retail Mer- the yeas and nays on that. Veterinary Medical Association; Mid States chants Association; Virginia Veterinary The PRESIDING OFFICER. Is there a Association of College Stores (IA, NE, KS, Medical Association; Wal-Mart Stores, sufficient second? MO); Middle Atlantic College Stores; Min- Bentonville, AR; Washington Retail Associa- There appears to be a sufficient sec- nesota Retail Association; Minnesota Veteri- tion; Washington State Veterinary Medical ond. nary Medical Association; Missouri Retailers Association; WDP Partners, LLC, Phoenix, The yeas and nays were ordered. Association; Mountains and Plains Inde- AZ; The Weitzman Group, Dallas, Texas; AMENDMENT NO. 2523 TO AMENDMENT NO. 2522 pendent Booksellers Association; NAIOP, Wendy’s Company; West Virginia Retailers Commercial Real Estate Development Asso- Association; West Virginia Veterinary Med- Mr. REID. I have a second-degree ciation; NAMM, National Association of ical Association; Western Development Cor- amendment at the desk. Music Merchants; National Association of poration, Washington, DC; Westfield, LLC., The PRESIDING OFFICER. The Chain Drug Stores; National Association of Los Angeles, CA; Wisconsin Association of clerk will report. College Stores. College Stores; Wisconsin Veterinary Med- The assistant legislative clerk read National Association of Counties; National ical Association; Wolfe Properties, LLC, St. as follows: Association of Real Estate Investment Louis, MO; World Floor Covering Associa- The Senator from Nevada [Mr. REID] pro- Trusts; National Association of Realtors; Na- tion; Wyoming Retail Association; Wyoming tional Bicycle Dealers Association; National poses an amendment numbered 2523 to Veterinary Medical Association; Zumiez, amendment No. 2522. Conference of State Legislatures; National Inc., Everett, WA. Education Association; National Governors’ The amendment is as follows: The PRESIDING OFFICER. The ma- Association; National Grocers Association; In the amendment, strike ‘‘7 days’’ and in- National Home Furnishings Association; Na- jority leader. sert ‘‘6 days’’. tional League of Cities; National Retail Fed- Mr. REID. Mr. President, I ask unan- CLOTURE MOTION eration; National School Supply and Equip- imous consent that all remaining time Mr. REID. Mr. President, I have a ment Association; Nebraska Retail Federa- postcloture be yielded back and the cloture motion on the substitute tion; Nebraska Veterinary Medical Associa- Senate adopt the motion to proceed to amendment which is at the desk. tion; The Neiman Marcus Group, Inc.; Ne- S. 2237. vada Veterinary Medical Association; New The PRESIDING OFFICER. The clo- The PRESIDING OFFICER. Is there Atlantic Independent Booksellers Associa- ture motion having been presented objection? tion; New England Independent Booksellers under rule XXII, the Chair directs the Without objection, it is so ordered. Association; New Jersey Retail Merchants clerk to read the motion. Association; New Jersey Veterinary Medical f The assistant legislative clerk read Association; New Mexico Retail Association; Newspaper Association of America; North SMALL BUSINESS JOBS AND TAX as follows: American Retail Dealers Association; North RELIEF ACT CLOTURE MOTION Carolina Retail Merchants Association; The PRESIDING OFFICER. The We, the undersigned Senators, in accord- North Carolina Veterinary Medical Associa- clerk will report the measure. ance with the provisions of rule XXII of the tion; North Dakota Retail Association; The assistant legislative clerk read Standing Rules of the Senate, hereby move Northern California Independent Booksellers to bring to a close debate on the substitute Association; Ohio Association of College as follows: amendment No. 2521 to S. 2237, the Small Stores; Ohio Council of Retail Merchants; A bill (S. 2237) to provide a temporary in- Business Jobs and Tax Relief Act. Oklahoma Veterinary Medical Association; come tax credit for increased payroll and ex- Harry Reid, Mary L. Landrieu, Kirsten E. Outdoor Industry Association; Pacific North- tend bonus depreciation for an additional Gillibrand, Barbara A. Mikulski, Carl west Booksellers Association; Pennsylvania year, and for other purposes. Levin, Frank R. Lautenberg, Barbara Retailers’ Association; Performance Mar- AMENDMENT NO. 2521 Boxer, Mark Udall, Mark Begich, Shel- keting Association; Pet Industry Joint Advi- (Purpose: In the nature of a substitute) don Whitehouse, Richard Blumenthal, sory Council; Petco Animal Supplies, Inc.; Al Franken, Patrick J. Leahy, Tom PetSmart, Inc.; Planning Developments, Mr. REID. Mr. President, on behalf of Udall, Max Baucus, Benjamin L. Inc., MI; The Pratt Company, Mill Valley, Senator LANDRIEU, I have a substitute Cardin, Richard J. Durbin. CA; Professional Beauty Association; Prop- amendment at the desk I wish to have AMENDMENT NO. 2524 erties, Inc., Chicago, IL; The Rappaport reported. (Purpose: To provide a perfecting Companies, McLean, VA; Real Estate Round- The PRESIDING OFFICER. The amendment.) table; Realtors Land Institute; REI (Rec- clerk will report. Mr. REID. Mr. President, I have an reational Equipment, Inc.); Reininga Cor- The assistant legislative clerk read amendment at the desk to the lan- poration, Healdsburg, CA; Retail Association as follows: of Mississippi. guage proposed to be stricken. Retail Association of Nevada; Retail Coun- The Senator from Nevada [Mr. REID], for The PRESIDING OFFICER. The cil of New York State; Retail Industry Lead- Ms. LANDRIEU, proposes an amendment num- clerk will report. ers Association; Retail Merchants of Hawaii; bered 2521. The assistant legislative clerk read Retailers Association of Massachusetts; (The text of the amendment is print- as follows: Rhode Island Retail Federation; Rocky ed in today’s RECORD under ‘‘Text of The Senator from Nevada [Mr. REID] pro- Mountain Skyline Bookstore Association Amendments.’’) poses an amendment numbered 2524 to the (CO, MT, NM, WY); Safeway, Inc.; Sears Mr. REID. On that, Mr. President, I language proposed to be stricken by amend- Holdings Corporation; Seattle Metropolitan ask for the yeas and nays. ment No. 2521. Chamber of Commerce; The Seayco Group, Bentonville, AK; The Sembler Company, St. The PRESIDING OFFICER. Is there a (The text of the amendment is print- Petersburg, FL; Service Employees Inter- sufficient second? ed in today’s RECORD under ‘‘Text of national Union; ShareASale; Simon Property There appears to be a sufficient sec- Amendments.’’) Group, Indianapolis, IN; Soccer Dealer Asso- ond. Mr. REID. Mr. President, I ask for ciation; Society of Industrial and Office Re- The yeas and nays were ordered. the yeas and nays on that amendment. altors; South Carolina Association of Veteri- AMENDMENT NO. 2522 TO AMENDMENT NO. 2521 The PRESIDING OFFICER. Is there a narians; South Carolina Retail Merchants Mr. REID. Mr. President, I now have sufficient second? Association; South Dakota Retailers Asso- a first-degree perfecting amendment There appears to be a sufficient sec- ciation; Southern Independent Booksellers which is also at the desk. ond. Alliance; Southwest College Bookstore Asso- The yeas and nays were ordered. ciation (AR, LA, TX, OK, NM, MS); Steiner + The PRESIDING OFFICER. The Associates LLC, Columbus, Ohio; Stirling clerk will report. AMENDMENT NO. 2525 TO AMENDMENT NO. 2524 Properties, Covington, LA; Tanger Factory The assistant legislative clerk read Mr. REID. I have a second-degree Outlet Centers, Inc., Greensboro, NC; Target as follows: amendment at the desk.

VerDate Mar 15 2010 04:41 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A11JY6.042 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4885 The PRESIDING OFFICER. The The assistant legislative clerk read one that is now before the Senate, to clerk will report. as follows: create a million jobs. The Hatch The assistant legislative clerk read CLOTURE MOTION amendment would literally eliminate as follows: We, the undersigned Senators, in accord- every provision in the bill designed to The Senator from Nevada [Mr. REID] pro- ance with the provisions of rule XXII of the create jobs. poses an amendment numbered 2525 to Standing Rules of the Senate, hereby move Senator HATCH’s amendment elimi- amendment No. 2524. to bring to a close debate on S. 2237, the nates the 10-percent credit for employ- The amendment is as follows: Small Business Jobs and Tax Relief Act. ers to hire additional workers or in- Harry Reid, Max Baucus, Mary L. Lan- At the end, add the following new section: crease their payrolls, a provision that drieu, Kirsten E. Gillibrand, Barbara A. would create—that part alone—a half SEC. lll. Mikulski, Carl Levin, Frank R. Lau- This title shall become effective 5 days tenberg, Barbara Boxer, Mark Udall, million jobs. It strikes another deduc- after enactment. Mark Begich, Sheldon Whitehouse, tion for businesses that invest in ma- AMENDMENT NO. 2526 Richard Blumenthal, Al Franken, Pat- chinery and equipment which would Mr. REID. I have a motion to commit rick J. Leahy, Tom Udall, Benjamin L. create another half million jobs. the bill with instructions. The clerk Cardin, Richard J. Durbin But the Republican amendment does has that. Mr. REID. I ask unanimous consent not stop there. It goes on to increase The PRESIDING OFFICER. The that the mandatory quorum require- taxes for 25 million American families. clerk will report. ment under rule XXII be waived for the The Republican amendment, I repeat, The assistant legislative clerk read cloture motions just filed. increases taxes for 25 million American as follows: The PRESIDING OFFICER. Without families. Senator HATCH’s amendment The Senator from Nevada [Mr. REID] moves objection, it is so ordered. would extend tax breaks for the top 2 to commit the bill (S. 2237) to the Committee f percent of Americans, but it fails to ex- on Finance, with instructions to report back tend a number of tax cuts that help forthwith, with amendment numbered 2526. PROVIDING AN INCENTIVE FOR middle-class families get by in a very The amendment is as follows: BUSINESSES TO BRING JOBS tough economy. For example, Senator SEC. lll. BACK TO AMERICA HATCH’s amendment, a Republican This Act shall become effective 3 days Mr. REID. Mr. President, I move to amendment, would increase taxes by after enactment. proceed to Calendar No. 442, S. 3364. $1,100 for 11 million families trying to Mr. REID. I ask for the yeas and nays The PRESIDING OFFICER. The pay for college—11 million families, in on that motion. clerk will report. effect an increase of their taxes by The PRESIDING OFFICER. Is there a The assistant legislative clerk read $1,100. sufficient second? as follows: The Republican amendment would There appears to be a sufficient sec- Motion to proceed to S. 3364, a bill to pro- make it harder for 12 million large ond. vide an incentive for businesses to bring jobs families to put food on the table. It The yeas and nays were ordered. back to America. would increase taxes by $800 for fami- AMENDMENT NO. 2527 Mr. REID. Mr. President, I suggest lies that have three children or more. Mr. REID. Mr. President, I have an the absence of a quorum. Senator HATCH’s amendment, the Re- amendment to the instructions at the The PRESIDING OFFICER. The publican amendment, fails to extend desk. clerk will call the roll. the full childcare tax credit for 6 mil- The PRESIDING OFFICER. The The legislative clerk proceeded to lion families, increasing their taxes by clerk will report. call the roll. $500 each. The assistant legislative clerk read Mr. REID. Mr. President, I ask unan- So no one is fooled by the Republican as follows: imous consent the order for the amendment. We see it for what it is, The Senator from Nevada [Mr. REID] pro- quorum call be rescinded. more Republican obstruction that poses an amendment numbered 2527 to the The PRESIDING OFFICER. Without comes with the added bonus of sticking instructions of the motion to commit S. 2237 objection, it is so ordered. it to the middle class. If that were not to the Committee on Finance. Mr. REID. Mr. President, right now enough political theater for 1 day, my The amendment is as follows: the Senate is considering the small Republican colleagues also claim they In the amendment, strike ‘‘3 days’’ and in- business jobs bill, a very important are anxious to vote on President sert ‘‘2 days’’. proposal that was part of President Obama’s plan to cut taxes for 98 per- Mr. REID. Mr. President, I ask for Obama’s package to increase employ- cent of American families. Once again, the yeas and nays on that. ment in this country. It will create a no one should be fooled. Republicans The PRESIDING OFFICER. Is there a million jobs. This legislation will give know very well the Senate will vote on sufficient second? tax credits to businesses that grow and the President’s proposal to give mid- There appears to be a sufficient sec- hire. Yet Republicans are looking for dle-class families the certainty they ond. any excuse to vote down the proposal will not be hit with a tax increase. We The yeas and nays were ordered. for two reasons: No. 1, it has the sup- will vote on it this work period. I have AMENDMENT NO. 2528 TO AMENDMENT NO. 2527 port of President Obama and the Demo- already said so. They say they want a Mr. REID. Mr. President, I have a crats in Congress. Second, it would vote sooner, so let’s lock in an agree- second-degree amendment at the desk. strengthen the economy, which would ment sooner. The President’s plan to The PRESIDING OFFICER. The help President Obama. give 98 percent of Americans certainty clerk will report. We know Republicans will not do their taxes will not go up and Repub- The assistant legislative clerk read anything that helps President Obama, lican plans to raise taxes on 25 million as follows: even if it is good for the economy, be- American families—Democrats are The Senator from Nevada [Mr. REID] pro- cause their No. 1 goal is to defeat the ready to have those votes right away poses an amendment numbered 2528 to President. My friend MITCH MCCONNELL and we will do it with a simple major- amendment No. 2527. has said that. So Republicans are hid- ity. Then we can get back to the task The amendment is as follows: ing behind their usual procedural trick, at hand, cutting taxes for millions of In the amendment, strike ‘‘2 days’’ and in- filibustering with unrelated amend- small businesses that want to expand sert ‘‘1 day’’. ments. If there is any doubt about Re- and put Americans back to work. CLOTURE MOTION publicans’ motivation to kill this legis- I have a consent agreement that I Mr. REID. Finally, Mr. President, I lation, take a look with me at the will go through with you. have a cloture motion on the bill which amendment proposed today by Senator UNANIMOUS CONSENT REQUEST—S. 2237 is at the desk. HATCH of Utah. Mr. President, I ask unanimous con- The PRESIDING OFFICER. The clo- The first thing Senator HATCH’s sent that cloture be vitiated with re- ture motion having been presented amendment would do is eliminate all spect to the substitute amendment on under rule XXII, the Chair directs the the tax cuts, every tax cut we have in S. 2237, that the motion to commit be clerk to read the motion. this proposal, every one of them, the withdrawn and amendment Nos. 2525

VerDate Mar 15 2010 04:41 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.081 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4886 CONGRESSIONAL RECORD — SENATE July 11, 2012 and 2522 be withdrawn; that at 2 p.m. derstands the differences in our posi- The PRESIDING OFFICER. The tomorrow, Thursday, July 12, the Sen- tions. My goal—and I hope it is one clerk will call the roll. ate vote in relation to the following that is shared by a majority of Sen- The legislative clerk proceeded to amendments: amendment No. 2524, ators—will be to enact a bill that pro- call the roll. which is the Cantor language; sub- tects small businesses by extending Mr. BENNET. Mr. President, I ask stitute amendment No. 2521; that there current income tax rates for 1 year to unanimous consent that the order for be no other amendments or motions in ensure that no one in America sees an the quorum call be rescinded. order to the amendment to the bill income tax hike in January, and The PRESIDING OFFICER (Mr. prior to the votes other than motions tasking the Finance Committee to UDALL of Colorado). Without objection, to waive or motions to table; that upon produce a bill that would enact funda- it is so ordered. disposition of the two amendments the mental progrowth tax reform. Their f Senate proceed to a vote on passage of goal will be the President’s proposal to MORNING BUSINESS raise taxes on nearly 1 million business S. 2237, as amended, if amended; fur- Mr. BENNET. Mr. President, I ask ther, that at a time to be determined owners in the middle of the worst eco- nomic recovery in modern times. unanimous consent that the Senate by the majority leader after consulta- proceed to a period of morning busi- tion with the Republican leader the The Senate ought to make absolutely clear which policy it supports. I look ness, with Senators permitted to speak Senate proceed to consideration of a therein for up to 10 minutes each. bill to be introduced by Senator REID forward to having the chance to do that, but until that time, until we ac- The PRESIDING OFFICER. Without or designee, extending the 2001, 2003, objection, it is so ordered. and 2009 tax cuts for 98 percent of tually have a product we can take a f Americans and 96 percent of small busi- look at, I cannot agree to this request, nesses as outlined by President Obama; and therefore I object. TRIBUTE TO JOHN BOWLING The PRESIDING OFFICER. Objec- that the only amendment in order to Mr. MCCONNELL. Mr. President, the bill be an amendment offered by tion is heard. The majority leader. today I wish to recognize Mr. John Senator MCCONNELL or designee, which Mr. REID. Mr. President, I will be Bowling of Laurel County, KY. ‘‘Big is identical to the text of amendment very brief. My friend the Republican John Bowling,’’ as he is affectionately No. 2491, as filed by Senator HATCH; leader said this morning, and I quote called by friends and family, not only that the amendment not be divisible; directly: I am trying to get a vote, a served Laurel County as jailer during that there be 4 hours of debate on the vote on what he says he’s for, on what the 1970s, but has also lived a life of amendment and the bill, equally di- the President says he’s for, and what kindness and integrity. His legacy to vided between the two leaders or their the Republicans say they are for. That Kentucky exceeds his public service be- designees prior to a vote in relation to is what this consent agreement does. cause not only was he a compassionate the McConnell or designee amendment; I am happy to let the Republican jailer, he also built a loving home for that upon disposition of the amend- leader read the exact language. But let his family that welcomed all members ment the Senate proceed to vote on the no one be fooled by this. The Hatch of the Laurel County community. passage of the bill, as amended, if amendment does not do anything to John Bowling met his wife, Imogene, amended; that there be no motions or protect small businesses. It does every- at a church dinner. After commenting points of order to the amendment or thing to protect Grover Norquist and on the quality of a macaroni salad at the bill. his pledge; that is, make sure the the dinner, his pastor introduced him The PRESIDING OFFICER. Is there American people are not satisfied. to Imogene. At that time Imogene was objection? They believe—Democrats, Independ- married, but later, in 1964, her husband The Republican leader. ents, and Republicans—that the top 2 was tragically killed in a car crash and Mr. MCCONNELL. I am glad my percent of income earners in this coun- Imogene was left with three children friend the majority leader has dropped try should contribute to solving the aged 7, 4, and 2 years old. Imogene his earlier opposition and now wants to problems we have with the deficit and began working at Hoskins Grocery make an effort to set up these votes on the debt in this country. That is what where, 5 years later, she and Mr. Bowl- this important issue. On Monday, the this is all about. ing became reacquainted. President said that if the Senate passes I look forward to working with my The couple began dating and they his tax hike on small businesses he friend the Republican leader to see if brought Imogene’s children along on would sign it right away. So I am glad we can come to a position here where every date. After 6 years, the couple the Senate will have a chance to beat we can vote on the bill that is before married. In their first year of mar- that bad idea that will raise taxes on us. I am concerned because the Hatch riage, Imogene had another daughter, nearly 1 million small businesses. language eliminates our bill, but I am Tammy Jo. The four children loved I will be happy to take a look at happy to have staff, during the night, their parents and considered John to be what my good friend the majority lead- look and see if we can arrive at some an excellent father. Mr. Bowling truly er is offering, but I cannot at this time way to move forward. But I think I cared for the children, which he showed agree to lock in a vote at an indetermi- made my point clear. by ensuring chaperones came along on nate time on a proposal that has not Mr. MCCONNELL. Mr. President, one all of their dates which were only at yet been written. My good friend has other brief observation. I have already church. had all day to come up with a written objected, but one other brief observa- The family continued to grow when proposal, but I gather that so far they tion. The consent that I objected to Imogene was approached to take in have been unable to do so or, if they also chose for us the amendment we Toni, a 21-year-old who did not have a have, we certainly have not seen it. would get to have, and of course that is palette in her mouth, had limited hear- Our proposal is drafted and filed and not an agreement the Republican side ing in one ear, and no hearing canal in has been available for all to see. would feel we would want to be a part the other ear. Though Toni could only My goal here—and it is one that I of. communicate through sign language, laid out several weeks ago—is that we Mr. REID. Mr. President, I am only she quickly became part of the Bowling act now to ensure that no one’s income trying to do what they said they want- family. taxes go up January of next year. The ed to do this morning. Senator HATCH Crediting faith in God for their suc- mere threat of this tax increase is al- came and gave a big speech: This is cess in blending a harmonious family, ready a drag on our economy and I do what they want to do. If they have John Bowling created a home atmos- not plan on standing by and letting something else they want to propose, I phere that was accepting of anyone that tax increase go into effect. am happy to take a look at that, but I who crossed his home’s threshold. So we would be happy to set up a only am trying to do what they said From adopting his wife’s children, to vote on this issue as soon as the major- they wanted to do this morning. taking in Toni, to allowing relatives ity leader produces a bill to show us Mr. President, I suggest the absence and family friends to stay with the what tax increases they have in mind. of a quorum unless my friend has more family, Big John made his home one of I want to make sure that everyone un- to say? love.

VerDate Mar 15 2010 02:48 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.086 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4887 It is an honor today to pay tribute to The couple began dating, with Imogene in- niversary in June, the couple continues to my fellow Kentuckian, John Bowling. sisting on taking the children with her on stay close to their children, always showing Mr. Bowling not only made a family dates, even though other family members of- their love and support for one another and and lovingly raised his children, but fered to keep the children. celebrating the true meaning of family. ‘‘When she and John dated, she wouldn’t go f also opened up his home for those in without us,’’ Wells said. ‘‘John had a truck need of a place of refuge and comfort. with a camper on it and we’d ride in the back TRIBUTE TO ALICE HELTON He is an example of what it means to and look through the window into the Mr. MCCONNELL. Mr. President, live by the Golden Rule. The Laurel front.’’ today I wish to honor Mrs. Alice County community is better off today Their union came six years later. The fam- Helton of Laurel County, KY. Though ily consisted of Imogene’s children, Barbara, because of the impact ‘‘Big John Bowl- she may have never held public office, ing’’ has made and the compassionate Joyce, and Gerald, as well as Imogene’s mother, who had lived with them since Mrs. Helton invaluably served her com- way in which he treated others. Imogene’s husband died. Eleven months after munity through kindness, hospitality, At this time I ask my Senate col- their marriage, John and Imogene became and an unselfish desire to help those leagues to join me in recognizing Mr. the parents of Tammy Jo. around her. On April 26, 2012, she died John Bowling for his service to Laurel ‘‘John was always good to us,’’ Parker at age 94. Her legacy of faith, gen- County, KY. An article from the Sen- said. ‘‘He hauled trucks from GM dealers and erosity, and love will survive her in the tinel Echo: Silver Edition magazine, he got us all a new watch so we loved him.’’ memories of her family, friends, and ‘‘He never spanked us,’’ Wells added. ‘‘I published in Laurel County, recently the citizens of London, KY. highlighted this humble man’s invalu- guess that’s why we never resented him. Mom did all the discipline.’’ Mrs. Alice Helton, then-Miss Alice able contributions to his family and ‘‘The kids were never much trouble,’’ Hill, the last of eight children, was community. I ask unanimous consent Bowling said. ‘‘They were always good kids.’’ born on May 2, 1917, in Keavy, KY, to that said article be printed in the Wells, the eldest of the brood, said rules farmers Mr. John and Mrs. Sallie Hill. RECORD. were very strict at the Bowling household, She was raised in the country and lived There being no objection, the mate- however. a simple life. The family would work rial was ordered to be printed in the ‘‘We had curfews and rules. We had chap- together in the fields during the day erones on our dates, which was only going to RECORD, as follows: church,’’ she said. ‘‘There was an old lady and on Sundays be visited by neighbors [The Sentinel-Echo: Silver Edition, Spring that lived near us and, when I had a date, she while the children played marbles. 2012] chaperoned us. Then later on, Joyce and Ger- Alice, in her interview with the Sen- JAILER BY VOCATION, FATHER AT HEART ald chaperoned.’’ tinel-Echo for the London Living (By Nita Johnson) ‘‘Then I chaperoned when Joyce dated,’’ Treasures special series, recalled Though known more commonly as ‘‘Big chimed in Tammy Jo. plucking duck feathers with her moth- John Bowling,’’ a former and extremely pop- Children were always welcome at the Bowl- er as a child and walking for hours to ular county jailer, John Bowling is also re- ing household, with nieces and nephews from find ducks to make feather beds and membered as an excellent father. both sides of the family often living with the family. Imogene also took in disabled adults pillows. He was renowned for his kindness and hu- At age 7, Alice began attending manity while serving as Laurel County Jail- and elderly persons, as she was certified to er during the 1970s, traits he showed to both keep as many as three at one time. Keavy School. One of her fondest jail employees and inmates and he also dis- Then the family extended again with the memories of grade school was spending played to his wife and children at home. arrival of Toni, who has now lived with the time at recess with her friends throw- Although only one of the five children he Bowling family for 38 years. ing horseshoes and watching boys play raised with his wife, Imogene, was his bio- ‘‘She was an orphan and was born with de- basketball. After elementary school, logical child, Bowling’s other children recall formities,’’ Imogene said. ‘‘Her father want- she attended a boarding school called ed to just leave her at the hospital (in Phila- him as being a loving father to them. London School. Upon finishing the Bowling met Imogene at a church dinner delphia) but her mother wouldn’t do it. She at Piney Grove Holiness Church on Ky. 363 remarried and had another child and died. eighth grade, she returned home, lived on an invitation from then-pastor Bobby The stepfather kept (Toni) around until the with her parents, and looked after her Medley. Bowling and Medley were good baby was big enough that he could take care siblings’ children while they were at friends, and Imogene, who was married at of her and he took her to a mental health of- work. that time, and Medley’s wife were good fice. Alice met William Raymond Helton, friends, though Bowling and Imogene had ‘‘They called me and asked if I could take a truckdriver from Corbin, KY, when never met. When Bowling sampled some her,’’ Imogene continued. ‘‘She cried every she was 22. Though her family didn’t macaroni salad at the dinner that Sunday, day, all day, for three weeks and I told them support the relationship, the two I couldn’t keep her. Then she started doing he was impressed. eloped and were married. Mrs. Helton, ‘‘He said he told Bobby that he didn’t know better. She’s been with us since she was 21 who made that macaroni salad, but if she years old.’’ during the first 17 years of her mar- was single, he was going to marry her,’’ said Toni, who lacked a palette in her mouth riage, had seven children. The family his daughter, Joyce Parker. ‘‘So Bobby in- and had only 20 percent hearing in one ear lived in a small house, near her par- troduced John to Mom.’’ and no hearing canal in the other ear, can ents, which soon became the place That meeting was one of the highlights of speak only partially and uses sign language where the entire family would meet Imogene’s life. In 1964, her husband was to communicate. But she is as much a part and spend time together. killed in a car crash, leaving her with three of the Bowling family as the other four chil- Her children have many colorful dren, all of whom express their love for one children—ages 7, 4, and 2—to raise alone. She memories of growing up with Mrs. had no job, no car, no driver’s license, and another. was herself very ill. While many question the success of blend- Helton. They never questioned her love ‘‘The day after the funeral, she went to ed families, the Bowling family credits their or willingness to protect the family be- Good Samaritan Hospital,’’ Parker ex- faith in God and religious background for cause during the week, when her hus- plained. ‘‘She was in and out of the hospital their own success. They also credit the de- band was away driving a truck, she five times for 10 days with bleeding ulcers.’’ meanor of their parents. would ward off thieves trying to steal ‘‘She’d been eating vanilla wafers and ‘‘John was not a typical stepfather,’’ the family chickens by shooting her drinking skim milk,’’ added Barbara Wells, Parker said. ‘‘He took care of us, always rifle toward a row of trees behind the another daughter. worked hard and my parents never raised ‘‘She was actually healed from the ulcers,’’ their voices.’’ coop. In order to avoid becoming a vic- Parker said. ‘‘She came home to spend some ‘‘I think one key to blended families is tim of her unique security system, all time with us and went to a revival. The that Mom did the discipline,’’ Wells said. family members would call out to her preacher went to her and told her she needed ‘‘My husband, Mark, has three stepdaughters any time they passed the yard. healing. When she went back to the doctor, and he never spanked them. I did the dis- Mrs. Helton was described as a ‘‘mag- she didn’t have the ulcers.’’ cipline. I think that is one reason that our net’’ that drew all of the family to- Once back in good health, Imogene set out family worked. We didn’t have that jealousy gether. She would take on the role of to obtain a job. She got her driver’s license, or resentment or saying that he wasn’t the mother to her nieces and nephews as bought a car, and began working at Warner’s real dad.’’ store in London around 1966. She later Whatever the secret of successfully blend- her siblings passed away and loved worked at Hoskins Grocery on Ky. 363, where ed families may be, the Bowlings and their them as if they were her own children. she met John again when he came into the children all agree that staying in church was Her love also was shown by enter- store one day. a key factor. Now approaching their 43rd an- taining them at game nights, where

VerDate Mar 15 2010 02:48 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.003 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4888 CONGRESSIONAL RECORD — SENATE July 11, 2012 card games and Yahtzee were the main It was hot in the house in the summer, lightning bugs in the twilight, listening to attraction. with no screens to keep the flies ‘‘and every- the Grand Ole Opry, watching ‘‘Lassie’’ and Mrs. Helton was more than a wife, thing else there is to have’’ away, and so ‘‘Rin Tin Tin,’’ and heading out for ice cream mother, grandmother, aunt, and mem- cold in the winter the dipper would freeze in cones at the local dairy drive-in. Though the water bucket overnight. On snowy days, Alice very rarely had a chance to relax, when ber of the Laurel County community. ‘‘we would pop popcorn on the stove and she did, she liked spending time ‘‘watching She was the matriarch of the Helton piece quilts,’’ Alice said. Once a week, the the kids play.’’ family and the glue that held it to- family would head to a big spring ‘‘and there But Alice was deeply protective too. gether. From talking on the phone for was a great, old big rock there we’d use to ‘‘Daddy would be gone during the week and hours on end with her children and set our tubs on’’ to do laundry. Another tub it was just us kids,’’ daughter Joan remem- grandchildren to taking in family and was used for baths. ‘‘It was a lot of trouble,’’ bered, laughing. ‘‘She would hear people try- friends in need, Mrs. Helton lived a life Alice said about bathing when she was a kid, ing to steal her chickens. So she would make ‘‘but the water stayed pretty warm.’’ Alice, all of us kids get behind the couch and she of compassion and kindness. After her being the baby, would always be the last one would get out there and start shooting at the death, a neighbor said that she tried to in the water. trees, to try and scare them off. My uncle live the way Jesus lived, but if she only One of the chores she keenly remembers worked for the railroad, and he would have lived half as well as Mrs. Helton, she was rounding up her mother’s paddling of to walk to the end of our road to catch his would be satisfied. ducks. ‘‘Mommy would pick the feathers off ride at night. And he’d start hollering, It’s It is a privilege to honor the legacy them and make pillows and feather beds,’’ me, Alice!’ because he didn’t want to get of Mrs. Alice Helton. A true pillar of Alice said. ‘‘Here we’d go marching down the shot.’’ branch to find her ducks. We’d have to gath- In 1969, Raymond built the family a new, the Laurel County community, she was er them back up and drive them back home. bigger home across the street, and it’s there an example for all Kentuckians of a Some later, there they’d go again. We’d go Alice remained, even after Raymond died woman who lived her life with integ- up and down through there catching them. from Alzheimer’s at the age of 83. Though rity and love. I ask my fellow col- And then we’d go and look for wildflowers up widowed, Alice didn’t stop ‘‘being the glue leagues in the Senate to join me in re- and down the branch. My mom would walk that held us all together,’’ Joan said. As membering this remarkable woman us to death.’’ she’d done before she married, Alice contin- from Laurel County, KY. Alice’s mother made all of her children’s ued taking care of kids; this time it was her A recent article published by a Lau- clothes, often cobbling together feed sacks grandchildren whom she would babysit. Her for the girls to wear. But Alice didn’t mind. rel County publication, the Sentinel- nieces and nephews would constantly visit or ‘‘They were just as comfortable and pretty call, and when her mother decided she no Echo, recognized Mrs. Helton’s lifetime as store-bought,’’ she said. longer wanted to live alone, she showed up at of contributions to her family and com- Alice started attending Keavy School at Alice’s door and moved in. ‘‘As our parents munity. I ask unanimous consent that the age of 7—‘‘I didn’t want to go when I was passed on, Aunt Alice would say, I’m adopt- said article be printed in the RECORD. 6’’ and she quickly made fast friends with ing you now and I have a little job for you to There being no objection, the mate- Georgia Alsip and Anna Lee Bunch. ‘‘We’d do,’ so Aunt Alice became our surrogate rial was ordered to be printed in the get out and roam around at recess. We’d mother and we all snuggled under her loving watch ’em play basketball. Sometimes we’d wings to survive our tragedies,’’ one of Al- RECORD, as follows: pitch horseshoe. Back then we had a recess [The Sentinel-Echo, May 16, 2012] ice’s nieces, Peggy Black, said. that lasted about half an hour of a morning. During the week and every Sunday, Alice ALICE HELTON WAS SURROUNDED BY FAMILY Then we had another at dinner, then another would get together with her siblings for (By Tara Kaprowy) half an hour in the evening. We had time to game night, entertaining, and competitive Before Alice Helton passed away a few play.’’ evenings involving Yahtzee, Aggravation, The school was a ‘‘big, white, two-story weeks ago, just six days shy of her 95th Chinese checkers, and a complicated game building with an aisle up through the middle birthday, she said getting to see her loved called Hand and Foot that required seven and rooms up each side. There were stairs up ones in heaven would be the best birthday decks of playing cards. ‘‘We’d always come in each side of the front door.’’ One of her present she could ask for. here and we’d hear the dice rolling and we’d teachers, Oscar Parman, boarded with the It was a Thursday afternoon, and Alice’s say, ‘It sounds like the casino is open family members had gathered around her Hills, and he ‘‘was just like a brother to me.’’ Following elementary school, Alice went today,’ ’’ granddaughter Lisa recalled. Alice hospital bed, which she’d occupied for just a on to London School, where, boarding with and her brothers and sisters would gather in few days. ‘‘She said she was ready to go, and her sister in town, she stayed until the the kitchen while their children and grand- for us to please just let her go peacefully,’’ eighth grade. She then returned to her par- children would sit outside to visit, the laugh- granddaughter Lisa Alexander said. ‘‘She ents’ house and, since several of her siblings ter and drama stemming from the game made sure she held each family member’s had become teachers and started raising wafting onto the porch. This tradition con- hands, and told them how much she loved their own families, the care of their children tinued for decades, with most of Alice’s sib- them. She told them to love each other and during the day fell to Aunt Alice. She took lings living into their 90s. to take care of each other.’’ She quietly on the role naturally and was a loving, ten- In the end, Alice was the last of her sib- slipped away around 2 in the afternoon, and der caregiver whose influence long outlasted lings to survive but continued to be sur- the woman who was the magnet that pulled her babysitting days. rounded by family. On the afternoon of her her large family together, and whose home At the age of 22, Alice met a man by the interview, her phone rang nearly every 10 was always described as Grand Central Sta- name of William Raymond Helton, a truck minutes, with family members on the other tion, was gone. driver who lived in Corbin, with whom she end calling for a chat. One of her daughters She had a good, long life. One that started was soon taken. Though she didn’t have the and a granddaughter sat on the couch to ask May 2, 1917, in Keavy, ‘‘right across the support of her family—‘‘They just didn’t her questions. And Alice sat in her recliner field’’ from her current home on German think he was the kind I should marry’’— talking, remembering and smiling at the Lane. The youngest of eight siblings, she was Alice got up early one morning, washed a past. born to John and Sallie Ann Karr Hill. ‘‘Our white dress with pink flowers and told her Thoughts from the family: house was about like a school, there were so sister, with whom she was living, she was Alice’s family said that when she first many of us,’’ Alice said. ‘‘Mommy and poppy headed down to a revival. ‘‘I got down there found out that she not only had been nomi- were good people.’’ John and Sallie were at the foot of the hill and he’s sitting there nated, but also chosen as one of London’s farmers, and ‘‘mommy would do the cooking on a bench waiting for me and we turned Living Treasures, the first thing she said was and we would all come back in from the field around and went back to Preacher Grubb’s ‘‘I haven’t done anything special to deserve and eat dinner; plain old country meals of house. In other words, we eloped.’’ this. I haven’t fought in any wars, or held beans, potatoes, and cornbread. Then we Alice and her husband moved into a tiny any high positions in the community. I don’t would go out in the field and work and come starter house, and soon she and Raymond know what they will find to write about back and have a cold supper, usually milk started a family. Over the next 17 years, they me.’’ We assured her that yes, all the things and bread.’’ had seven children—Freda, Herschel, Joan, she had mentioned were indeed important, In addition to farming, John Hill delivered Wanda, Wayne, Debbie, and Danny—and dur- but that she too had done some pretty im- the mail for the U.S. Postal Service. ‘‘Some- ing World War II moved into their first real portant things in her life as well. We told her times I’d go with him and he’d deliver those home a stone’s throw away from her parents. that when someone needed her she was al- packages on horseback from Vox to Lily. ‘‘It wasn’t much because you couldn’t get ways there to help, she was kind to people, He’d buy me a little candy to eat on while we lumber back then because of the war,’’ she she made people feel loved and needed, she was gone, that sugar candy.’’ said. ‘‘They just threw it up as good as they always made people feel welcome at her The Hill home was a plain but happy one, could make it.’’ Still, Alice made it her own, home, people always wanted to be around with the kids playing hide and seek and mar- and soon it was a popular gathering spot for her, she was a loving caregiver, she indeed bles while the adults visited with neighbors friends and family. impacted peoples’ lives in a profound way. on Sunday afternoons in between going to Alice was an indulgent, kind mother, and One example is something that was said church at Locust Grove and Level Green. her children have fond memories of chasing about Alice by one of her neighbors—she said

VerDate Mar 15 2010 02:48 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.001 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4889 that she knew she was supposed to try to live visa reform bill, there is agreement to For almost 20 years as an educator at her life patterned by the way Jesus had lived include in H.R. 3012 provisions that Hamden and Bloomfield High Schools his, but that she would feel satisfied if she give greater authority to program and adult education centers, Ms. Nel- could just live her life the way Alice Helton son-Kauffman has used project-based had lived hers. Another testimony of how overseers to investigate visa fraud and much she was valued by the community was abuse. Specifically, there will be lan- learning with tremendous success. Her when one of the preachers at her funeral said guage authorizing the Department of passion for journalism fosters an expe- that he felt as if he was officiating the fu- Labor to better review labor condition riential, interactive teaching method. neral of ‘‘royalty.’’ applications and investigate fraud and As Metropolitan Learning Center’s so- Alice was a special lady to many people, misrepresentation by employers. There cial studies teacher and personal and those who knew her, and loved her, and is also agreement to include a provi- project coordinator for the prestigious respected her, will miss her dearly. Her fam- International Baccalaureate Program, ily said that they were so thankful that she sion allowing the Federal Government was able to do her interview for the London to do annual compliance audits of em- Ms. Nelson-Kauffman embraces a life- Living Treasures project before she passed. ployers who bring in foreign workers long love of the past by placing it into And during her final hours on this earth, it through the H–1B visa program. the context of the present. was so clear to them how strong her faith in I appreciate the willingness of other She shares her own genuine love of God was. They said she wasn’t scared; she members to work with me to include history with her classrooms. In 2003, in- knew where she was going. They said that measures that will help us combat visa vited to attend the Harriet Beecher witnessing that kind of faith was one of the fraud, and ultimately protect more Stowe Center Teacher Institute, she greatest gifts she could have ever given studied primary resources that un- them. American workers. I look forward to working with others as H.R. 3012 pro- earthed stories of 19th-century women f gresses in the Senate. reformers. With this new background as inspiration, she introduced sensitive VOTE EXPLANATION f Mr. UDALL of Colorado. Mr. Presi- topics like abolitionism and racism to TRIBUTE TO WENDY NELSON- her high school students with tact and dent, from June 25 to June 29, 2012, I KAUFFMAN was unable to vote on Senate rollcall grace. As an ambassador to educators votes due to personal family reasons, Mr. BLUMENTHAL. Mr. President, I around Connecticut, Ms. Nelson- as well as the devastating wildfires am delighted to honor one of our Na- Kauffman has demonstrated the effec- that were burning in many parts of tion’s most dedicated, talented, and in- tiveness of multicultural teaching Colorado. Had I been present I would fluential teachers. Wendy Nelson- methods, to include travel, activities, have voted ‘‘yea’’ on vote Nos. 166, 167, Kauffman, a humanities teacher at the group interactions, concerts, and 168, 169, 170, 171, and 172. Metropolitan Learning Center in Bloomfield, CT, was recently named as dance. Her authenticity is rare and a f the 2012 Magnet Schools of America’s real treasure. She is a stellar role LIFTING HOLD ON H.R. 3012 National Teacher of the Year. model for anyone who mentors or Mr. GRASSLEY. Mr. President, The Metropolitan Learning Center is teaches our future leaders. I hope my today I lift my hold on H.R. 3012, the part of the Capitol Region Education Senate colleagues will join me in con- Fairness for High-Skilled Immigrants Council, which recognizes annually a gratulating Ms. Nelson-Kauffman, who Act. This bill would eliminate the per- teacher who ‘‘exemplifies excellence in has helped mitigate apathy and pro- country numerical limitations for em- academic achievement through innova- mote enthusiasm for the study of hu- ployment based immigrants and tive programs that promote equity and manities. change the per-country numerical limi- diversity for students in Magnet f tations for family-based immigrants. Schools.’’ This award spotlights the ex- ADDITIONAL STATEMENTS When I placed a hold on the bill, I was ceptional teachers and schools, espe- concerned that the bill did nothing to cially our Nation’s magnet schools, better protect Americans at home who dedicated to equal opportunity. The TRIBUTE TO DR. BECKY PANEITZ seek high-skilled jobs during this time Metropolitan Learning Center, open to ∑ Mr. BOOZMAN. Mr. President, today of record unemployment. Today, I lift students in 7th through 12th grades in I wish to honor Dr. Becky Paneitz for my hold because I have reached an the Greater Hartford Area, is one of her dedication, leadership and vision agreement with the senior Senator Connecticut’s finest centers for sec- for providing a quality, affordable sec- from New York, the chairman of the ondary education. ondary education at NorthWest Arkan- Senate Judiciary Subcommittee on Im- Since 1966, the Capitol Region Edu- sas Community College. migration, Refugees and Border Secu- cation Council has helped lead in re- Having earned her bachelor’s degree rity. forming how we educate our Nation’s from the University of Arkansas at I have spent a lot of time and effort children. Active in 36 areas of Con- Monticello and her master’s from the into rooting out fraud and abuse in our necticut, administering 120 programs University of Arkansas at Little Rock, visa programs, specifically the H–1B in 20 facilities to more than 100,000 stu- Dr. Paneitz understands the unique visa program. I have always said this dents annually, this network of dedi- education challenges in Arkansas and program can and should serve as a ben- cated administrators, educators, and faced that task head-on. As the Presi- efit to our country, our economy and education reformers has made tremen- dent of NWACC for nearly a decade, she our U.S. employers. However, it is dous impact, especially in underserved developed additional opportunities to clear that it is not working as in- communities. reach students by establishing learning tended, and the program is having a Ms. Nelson-Kauffman is renowned at centers in the region. These efforts in- detrimental effect on American work- the Metropolitan Learning Center. She creased student enrollment exponen- ers. has received many awards, including tially. In less than 10 years the student For many years, Senator DURBIN and 2003 Connecticut Teacher of the Year, population nearly doubled, making I have worked on legislation to close 2005 State History Teacher of the Year, NWACC one of the largest and fastest the loopholes in the H–1B visa pro- and 2011 Capitol Region Education growing community colleges in the gram. Our legislation would ensure Council Teacher of the Year. But she is country. that American workers are afforded most respected for her generous energy To accommodate this record growth, the first chance to obtain the available and passion for changing the lives of Dr. Paneitz launched an aggressive high paying and high skilled jobs in the our next generations. More telling than building expansion project on the United States. It would make sure visa awards are the students who frequently NWACC campus including the holders know their rights. It would share stories about the time Ms. Nel- Shewmaker Center for Global Business strengthen the wage requirements, rid- son-Kauffman dressed up as Rosie the Development, the Center for Health ding the incentives for companies to Riveter or traveled with them to Africa Professions and the new Student Cen- hire cheap, foreign labor. and then formed the popular after- ter. While I could not get everything that school group Student Abolitionists Dr. Paneitz devoted her life to edu- was included in the Durbin-Grassley Stopping Slavery. cation and that took her across the

VerDate Mar 15 2010 02:48 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.002 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4890 CONGRESSIONAL RECORD — SENATE July 11, 2012 country from Pueblo Community Col- RECOGNIZING BROOKS TRAP MILL MESSAGES FROM THE PRESIDENT lege in Colorado to Hutchinson Com- ∑ Ms. SNOWE. Mr. President, today I Messages from the President of the munity College in Kansas and Central United States were communicated to Piedmont Community College in North wish to recognize and commend the tremendous success of Brooks Trap the Senate by Mr. Pate, one of his sec- Carolina. Along the way she found time retaries. to earn her doctorate in vocational Mill, a family-owned lobster trap man- education at Colorado State Univer- ufacturer headquartered in Thomaston, f sity. ME. The lobster industry is iconic of EXECUTIVE MESSAGES REFERRED my home State and the hard work, per- Under Dr. Paneitz’s guidance the As in executive session the Presiding community college established itself as severance, and success of everyone at Brooks Trap Mill is emblematic of the Officer laid before the Senate messages an advocate of child welfare, from the President of the United partnering with the National Child strong tradition of entrepreneurship in Maine. States submitting sundry nominations Protection Training Center as a re- which were referred to the appropriate gional partner to provide training and As former chair and current ranking committees. technical assistance for child protec- member of the Senate Small Business (The messages received today are tion professionals. This is a great effort Committee, I have had the tremendous printed at the end of the Senate pro- to better serve children in Arkansas privilege of hearing countless small ceedings.) and protect the wellbeing of children business success stories from hard- f all across the country. working entrepreneurs across the coun- I congratulate Dr. Becky Paneitz for try. Simply put, Brooks Trap Mill is REPORT ON THE ISSUANCE OF AN her outstanding contributions to edu- one of these extraordinary stories. EXECUTIVE ORDER MODIFYING cation and for her achievements at Since its inception in 1946, it has grown THE SCOPE OF THE NATIONAL NWACC. I wish her continued success to become an indisputable leader in the EMERGENCY DECLARED IN EX- in her future endeavors as she gets fishing industry, while consistently ECUTIVE ORDER 13047 OF MAY 20, ready to move onto the next chapter in creating quality jobs for Mainers. As a 1997, WITH RESPECT TO BURMA— her life after she retires as the Presi- critical supplier to the commercial lob- PM 55 dent of Northwest Arkansas Commu- ster industry, as well as other trap The PRESIDING OFFICER laid be- nity College in June 2013. I am grateful fisheries, Brooks Trap Mill offers fore the Senate the following message for her years of service and leadership Maine fishermen a vast selection of from the President of the United to Arkansas.∑ products to haul their catch. Their ex- States, together with an accompanying f tensive inventory ranges from bait, report; which was referred to the Com- buoys, foul-weather clothing, and rope RECOGNIZING THE HEALTHY mittee on Banking, Housing, and to traps for lobster, oysters, sea bass, Urban Affairs: COMMUNITIES COALITION and shrimp. ∑ To the Congress of the United States: Mr. HELLER. Mr. President, I rise Like so many small Maine busi- Pursuant to the International Emer- today to recognize the Healthy Com- nesses, Brooks Trap Mill is rooted gency Economic Powers Act (50 U.S.C. munities Coalition of Lyon and Storey firmly in family tradition. Founded by 1701 et seq.) (IEEPA), I hereby report Counties, HCC, for its dedication to Michael Brooks over 60 years ago in a that I have issued an Executive Order meeting Nevadans’ healthcare needs. stock mill in Rockland, ME, Brooks (the ‘‘order’’) that modifies the scope of The HCC serves 8 of Nevada’s rural Trap Mill has expanded considerably the national emergency declared in Ex- areas by partnering with local agencies throughout the years but continues to ecutive Order 13047 of May 20, 1997, as to provide health and wellness re- be a family-owned and operated busi- modified in scope in Executive Order sources to the Silver State’s most re- ness. With three locations, the largest 13448 of October 18, 2007, and relied mote communities. I am proud to of which entails over 45,000 square feet upon for additional steps taken in Ex- honor the HCC’s commitment to serv- of storage space, Brooks Trap Mill has ecutive Order 13310 of July 28, 2003, Ex- ing the citizens of my home State. accumulated one of the largest stocks ecutive Order 13448 of October 18, 2007, Local residents created the HCC in of lobstering materials in the industry. and Executive Order 13464 of April 30, 1995 to provide a safe environment for Currently run by the third generation 2008, and takes additional steps with Nevada’s youth by reducing poverty of the family, siblings Mark, Julie, and respect to that national emergency. and substance abuse. Adapting to Ne- Stephen Brooks are fully involved in In Executive Order 13047, the Presi- vada’s evolving needs, the HCC ex- leading the business’ success. Under dent found that the Government of panded its resources to provide rural their watch, the company manufac- Burma committed large-scale repres- Nevadans of all ages with health and tures, sells, and distributes nearly sion of the democratic opposition in wellness resources they could other- 50,000 new lobster traps annually. wise not access. Promoting healthy Burma after September 30, 1996, and communities in Nevada for over a dec- Brooks Trap Mill is also dedicated to further determined that the actions ade, the HCC remains dedicated to ad- serving its community through support and policies of the Government of dressing local needs to capitalize on and participation in a variety of orga- Burma constitute an unusual and ex- local strengths. nizations and events including the traordinary threat to the national se- Nevada has been one of the hardest- Maine Lobstermen’s Association; the curity and foreign policy of the United hit States in this difficult economic Maine Lobster Festival in Rockland, States. To address that threat and to climate. Far too many Nevadans are Maine; and the Festival of Lights Lob- implement section 570 of the Foreign out of work and continue facing great ster Trap Tree. Brooks Trap Mill has Operations, Export Financing, and Re- difficulties. I commend and appreciate earned a reputation as a devoted and lated Appropriations Act, 1997 (Public organizations like the HCC, which of- hard-working fixture of the lobster Law 104–208), the President in Execu- fers assistance to struggling Nevadans fishing industry, and its community tive Order 13047 prohibited new invest- who depend on their local resources. service is admirable. ment in Burma. On July 28, 2003, the The HCC is empowering the commu- Through their remarkable growth, President issued Executive Order 13310, nities of rural Nevada as we work to re- ingenuity, and dedication to its cus- which contained prohibitions imple- turn America’s economy back to a pe- tomers, the Brooks family has left an menting certain provisions of the Bur- riod of greater prosperity. indelible mark on Maine maritime his- mese Freedom and Democracy Act of Today, I ask my colleagues to join tory. Brooks Trap Mill remains a trib- 2003 (Public Law 108–61) and blocked me in recognizing the HCC for all it ute to the work begun 60 years ago by the property and interests in property does for the Silver State. I wish the Michael Brooks. I thank the entire of persons listed in the Annex to Exec- HCC staff continued success and thank Brooks family for all of their efforts utive Order 13310 or determined by the them wholeheartedly for their efforts and wish them and everyone at Brooks Secretary of the Treasury, in consulta- to encourage a healthy community for Trap Mill success in their future en- tion with the Secretary of State, to all Nevadans.∑ deavors.∑ meet designation criteria specified in

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A communication from the Direc- Order 13448, the President expanded the person whose property and interests in tor of the Regulatory Management Division, scope of the national emergency de- property are blocked pursuant to the Environmental Protection Agency, transmit- clared in Executive Order 13047, incor- ting, pursuant to law, the report of a rule en- order. titled ‘‘Approval and Promulgation of Air porated existing designation criteria I have delegated to the Secretary of Quality Implementation Plans; Illinois; Re- set forth in Executive Order 13310, the Treasury the authority, in con- gional Haze’’ (FRL No. 9683–6) received dur- blocked the property and interests in sultation with the Secretary of State, ing adjournment of the Senate in the Office property of persons listed in the Annex to take such actions, including the pro- of the President of the Senate on July 3, 2012; to Executive Order 13448, and provided mulgation of rules and regulations, and to the Committee on Environment and Pub- additional criteria for designations of to employ all powers granted to the lic Works. other persons. In Executive Order 13464, President by IEEPA as may be nec- EC–6789. A communication from the Direc- the President blocked the property and tor of the Regulatory Management Division, essary to carry out the purposes of the Environmental Protection Agency, transmit- interests in property of persons listed order. ting, pursuant to law, the report of a rule en- in the Annex to Executive Order 13464 All agencies of the United States titled ‘‘Approval and Promulgation of Air and provided additional criteria for Government are directed to take all Quality Implementation Plans; Maryland; designations of other persons. appropriate measures within their au- Regional Haze State Implementation Plan’’ While the Government of Burma has thority to carry out the provisions of (FRL No. 9695–4) received during adjourn- made progress towards political reform the order. ment of the Senate in the Office of the Presi- in a number of areas, including by re- I am enclosing a copy of the Execu- dent of the Senate on July 3, 2012; to the Committee on Environment and Public leasing hundreds of political prisoners, tive Order I have issued. pursuing ceasefire talks with several Works. BARACK OBAMA. EC–6790. A communication from the Direc- armed ethnic groups, and pursuing a THE WHITE HOUSE, July 11, 2012. tor of the Regulatory Management Division, substantive dialogue with the demo- f Environmental Protection Agency, transmit- cratic opposition, this reform is frag- ting, pursuant to law, the report of a rule en- ile. I support this reform in Burma and MESSAGE FROM THE HOUSE titled ‘‘Approval and Promulgation of Air the building of a democratic political ENROLLED BILL SIGNED Quality Implementation Plans; Pennsyl- process that will allow all of the people vania; Regional Haze State Implementation At 4:13 p.m., a message from the Plan’’ (FRL No. 9695–5) received during ad- of Burma to be represented. However, I House of Representatives, delivered by have found that the continued deten- journment of the Senate in the Office of the Mr. Novotny, one of its reading clerks, President of the Senate on July 3, 2012; to tion of political prisoners, efforts to announced that the Speaker has signed the Committee on Environment and Public undermine or obstruct the political re- the following enrolled bill: Works. form process, efforts to undermine or S. 2061. An act to provide for an exchange EC–6791. A communication from the Direc- obstruct the peace process with ethnic of land between the Department of Homeland tor of the Regulatory Management Division, minorities, military trade with North Security and the South Carolina State Ports Environmental Protection Agency, transmit- Korea, and human rights abuses in Authority. ting, pursuant to law, the report of a rule en- Burma particularly in ethnic areas, ef- titled ‘‘Synchronizing the Expiration Dates f fectuated by persons within and out- of the Pesticide Applicator Certificate with the Underlying State or Tribal Certificate’’ side the Government of Burma, con- MEASURES PLACED ON THE CALENDAR (FRL No. 9334–4) received during adjourn- stitute an unusual and extraordinary ment of the Senate in the Office of the Presi- threat to the national security and for- The following bill was read the sec- dent of the Senate on July 3, 2012; to the eign policy of the United States. To ad- ond time, and placed on the calendar: Committee on Environment and Public dress this situation, the order imposes S. 3369. A bill to amend the Federal Elec- Works. EC–6792. A communication from the Direc- additional measures with respect to tion Campaign Act of 1971 to provide for ad- tor of the Regulatory Management Division, Burma. ditional disclosure requirements for corpora- Environmental Protection Agency, transmit- The order provides criteria for des- tions, labor organizations, Super PACs and ting, pursuant to law, the report of a rule en- ignations of persons determined by the other entities, and for other purposes. titled ‘‘Effective Date for the Water Quality Secretary of the Treasury, in consulta- f Standards for the State of Florida’s Lakes tion with or at the recommendation of EXECUTIVE AND OTHER and Flowing Waters’’ (FRL No. 9691–3) re- the Secretary of State: ceived during adjournment of the Senate in To have engaged in acts that directly COMMUNICATIONS the Office of the President of the Senate on or indirectly threaten the peace, secu- The following communications were July 3, 2012; to the Committee on Environ- rity, or stability of Burma, such as ac- laid before the Senate, together with ment and Public Works. tions that have the purpose or effect of accompanying papers, reports, and doc- EC–6793. A communication from the Assist- ant to the Board of Governors of the Federal undermining or obstructing the polit- uments, and were referred as indicated: ical reform process or the peace proc- Reserve System, transmitting, pursuant to EC–6785. A communication from the Ad- law, the report of a rule entitled ‘‘Supervised ess with ethnic minorities in Burma; ministrator, Rural Housing Service, Depart- Securities Holding Company Registration’’ To be responsible for or complicit in, ment of Agriculture, transmitting, pursuant (RIN7100–AD81 and FRB Docket No. R–1430) or responsible for ordering, controlling, to law, the report of a rule entitled ‘‘Single received during adjournment of the Senate or otherwise directing, or to have par- Family Housing Guaranteed Loan Program’’ in the Office of the President of the Senate ticipated in, the commission of human (RIN0575–AC90) received in the Office of the on July 3, 2012; to the Committee on Bank- rights abuses in Burma; President of the Senate on June 28, 2012; to ing, Housing, and Urban Affairs. To have, directly or indirectly, im- the Committee on Agriculture, Nutrition, EC–6794. A communication from the Acting ported, exported, reexported, sold or and Forestry. Director of Legislative Affairs, Legal Office, supplied arms or related materiel from EC–6786. A communication from the Sec- Federal Deposit Insurance Corporation, retary of Defense, transmitting a report on North Korea or the Government of transmitting, pursuant to law, the report of the approved retirement of General Ann E. a rule entitled ‘‘Calculation of Maximum Ob- North Korea to Burma or the Govern- Dunwoody, United States Army, and her ad- ligation Limitation’’ (RIN3064–AD84) re- ment of Burma; vancement to the grade of general on the re- ceived during adjournment of the Senate in To be a senior official of an entity tired list; to the Committee on Armed Serv- the Office of the President of the Senate on that has engaged in the acts described ices. July 5, 2012; to the Committee on Banking, above; EC–6787. A communication from the Direc- Housing, and Urban Affairs. To have materially assisted, spon- tor of Defense Procurement and Acquisition EC–6795. A communication from the Assist- sored, or provided financial, material, Policy, Department of Defense, transmit- ant Secretary for Export Administration, or technological support for, or goods ting, pursuant to law, the report of a rule en- Bureau of Industry and Security, Depart- or services to or in support of, the acts titled ‘‘Defense Federal Acquisition Regula- ment of Commerce, transmitting, pursuant tion Supplement: Order of Application for to law, the report of a rule entitled ‘‘Amend- described above or any person whose Modifications’’ ((RIN0750–AH56) (DFARS ment to Existing Validated End-User Au- property and interests in property are Case 2012–D002)) received during adjournment thorizations: Hynix Semiconductor China blocked pursuant to the order; or of the Senate in the Office of the President Ltd., Hynix Semiconductor (Wuxi) Ltd., and To be owned or controlled by, or to of the Senate on July 2, 2012; to the Com- Boeing Tianjin Composites Co. Ltd. in the have acted or purported to act for or on mittee on Armed Services. People’s Republic of China’’ (RIN0694–AF71)

VerDate Mar 15 2010 02:48 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A11JY6.016 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4892 CONGRESSIONAL RECORD — SENATE July 11, 2012 received in the Office of the President of the EC–6805. A communication from the Acting for Both Employee and Employer Taxes’’ Senate on July 9, 2012; to the Committee on Assistant Secretary, National Park Service, (Announcement 2012–25) received in the Of- Banking, Housing, and Urban Affairs. Department of the Interior, transmitting, fice of the President of the Senate on June EC–6796. A communication from the Sec- pursuant to law, the report of a rule entitled 29, 2012; to the Committee on Finance. retary, Division of Trading and Markets, Se- ‘‘Vehicles and Traffic Safety—Bicycles’’ EC–6816. A communication from the Chief curities and Exchange Commission, trans- (RIN1024–AD97) received in the Office of the of the Publications and Regulations Branch, mitting, pursuant to law, the report of a rule President of the Senate on June 29, 2012; to Internal Revenue Service, Department of the entitled ‘‘Process for Submissions for Review the Committee on Energy and Natural Re- Treasury, transmitting, pursuant to law, the of Security-Based Swaps for Mandatory sources. report of a rule entitled ‘‘Portability of a De- Clearing and Notice Filing Requirements for EC–6806. A communication from the Gen- ceased Spousal Unused Exclusion Amount’’ Clearing Agencies; Technical Amendments eral Counsel, Federal Energy Regulatory ((RIN1545–BK34) (TD 9593)) received in the Of- to Rule 19b–4 and Form 19b–4 Applicable to Commission, transmitting, pursuant to law, fice of the President of the Senate on June All Self-Regulatory Organizations’’ the report of a rule entitled ‘‘Integration of 29, 2012; to the Committee on Finance. (RIN3235–AK87) received during adjournment Variable Energy Resources’’ (RIN1902–AE16) EC–6817. A communication from the Chief of the Senate in the Office of the President received during adjournment of the Senate of the Publications and Regulations Branch, Internal Revenue Service, Department of the of the Senate on July 2, 2012; to the Com- in the Office of the President of the Senate Treasury, transmitting, pursuant to law, the mittee on Banking, Housing, and Urban Af- on July 5, 2012; to the Committee on Energy report of a rule entitled ‘‘Applicable Federal fairs. and Natural Resources. Rates—February 2012’’ (Rev. Rul. 2012–7) re- EC–6797. A communication from the Under EC–6807. A communication from the Sec- ceived during adjournment of the Senate in Secretary of the Treasury, transmitting, retary of Energy, transmitting, pursuant to the Office of the President of the Senate on pursuant to law, a six-month periodic report law, a report entitled ‘‘Report to Congress on July 3, 2012; to the Committee on Finance. on the national emergency that was declared the Voluntary Commitments to Reduce In- EC–6818. A communication from the Chief in Executive Order 13441 with respect to Leb- dustrial Energy Intensity’’; to the Com- of the Publications and Regulations Branch, anon; to the Committee on Banking, Hous- mittee on Energy and Natural Resources. Internal Revenue Service, Department of the ing, and Urban Affairs. EC–6808. A communication from the Sec- Treasury, transmitting, pursuant to law, the EC–6798. A communication from the Senior retary of the Interior, transmitting, the re- report of a rule entitled ‘‘Treatment of In- Vice President and Chief Financial Officer, port of proposed legislation entitled ‘‘Na- come from Certain Government Bonds for Federal Home Loan Bank of San Francisco, tional Park Service Study Act of 2012’’; to Purposes of the PFIC Rules’’ (Rev. Rul. 2012– transmitting, pursuant to law, the Bank’s the Committee on Energy and Natural Re- 45) received during adjournment of the Sen- 2011 Management Report; to the Committee sources. ate in the Office of the President of the Sen- on Banking, Housing, and Urban Affairs. EC–6809. A communication from the Sec- ate on July 3, 2012; to the Committee on Fi- EC–6799. A communication from the Presi- retary of the Interior, transmitting, pursu- nance. dent and Chief Executive Officer, Federal ant to law, a report entitled ‘‘Proposed Final EC–6819. A communication from the In- Home Loan Bank of Cincinnati, transmit- Outer Continental Shelf (OCS) Oil and Gas spector General of the Department of Health ting, pursuant to law, Bank’s 2011 Manage- Leasing Program 2012–2017’’; to the Com- and Human Services, transmitting, pursuant ment Report and statement on system of in- mittee on Energy and Natural Resources. to law, a report entitled ‘‘Part D Plans Gen- ternal controls; to the Committee on Bank- EC–6810. A communication from the Direc- erally Include Drugs Commonly Used by ing, Housing, and Urban Affairs. tor, Office of Surface Mining, Department of Dual Eligibles: 2012 (OEI–05–12–00060)’’; to the EC–6800. A communication from the Presi- the Interior, transmitting, pursuant to law, Committee on Finance. dent and Chief Executive Officer, Federal the report of a rule entitled ‘‘Indiana Regu- EC–6820. A communication from the Sec- Home Loan Bank of Pittsburgh, transmit- latory Program’’ (Docket No. IN–160–FOR) retary of Health and Human Services, trans- ting, pursuant to law, the Bank’s 2011 State- received during adjournment of the Senate mitting, pursuant to law, a report entitled ment on System of Internal Controls, au- in the Office of the President of the Senate ‘‘Child Welfare Outcomes 2007–2010: Report to dited financial statements, and Report of on July 6, 2012; to the Committee on Energy Congress’’; to the Committee on Finance. Independent Registered Public Accounting and Natural Resources. EC–6821. A communication from the Assist- Firm on Internal Controls over Financial Re- EC–6811. A communication from the Chief ant Secretary, Legislative Affairs, Depart- porting and on Compliance and Other Mat- of the Publications and Regulations Branch, ment of State, transmitting, certification of ters Based on an Audit of Financial State- Internal Revenue Service, Department of the proposed issuance of an export license pursu- ments Performed in Accordance with Gov- Treasury, transmitting, pursuant to law, the ant to section 36(d) of the Arms Export Con- ernment Auditing Standards; to the Com- report of a rule entitled ‘‘Qualified Energy trol Act (Transmittal No. DDTC 12–020); to mittee on Banking, Housing, and Urban Af- Conservation Bonds’’ (Notice 2012–44) re- the Committee on Foreign Relations. fairs. ceived in the Office of the President of the EC–6822. A communication from the Assist- EC–6801. A communication from the Ac- Senate on June 29, 2012; to the Committee on ant Secretary, Legislative Affairs, Depart- counting Manager, Accounting Policy and Finance. ment of State, transmitting, pursuant to External Reporting, Federal Home Loan EC–6812. A communication from the Chief law, a report relative to amendment to part Bank of Des Moines, transmitting, pursuant of the Publications and Regulations Branch, 126 of the International Traffic in Arms Reg- to law, the Bank’s 2011 management report; Internal Revenue Service, Department of the ulations (ITAR); to the Committee on For- eign Relations. to the Committee on Banking, Housing, and Treasury, transmitting, pursuant to law, the EC–6823. A communication from the Under Urban Affairs. report of a rule entitled ‘‘Section Secretary for Industry and Security, Depart- EC–6802. A communication from the Presi- 16(m)(4)(C)—Dividends and Dividend Equiva- ment of Commerce, transmitting, pursuant dent and Chief Executive Officer, Federal lents on Restricted Stock and Restricted to law, a Foreign Policy Report on the re- Home Loan Bank of Topeka, transmitting, Stock Units’’ (Rev. Rul. 2012–19) received in moval of United Nations arms embargo pro- pursuant to law, the Bank’s management re- the Office of the President of the Senate on visions against Rwanda; to the Committee ports and statements on system of internal June 29, 2012; to the Committee on Finance. on Foreign Relations. controls for fiscal year 2011; to the Com- EC–6813. A communication from the Chief EC–6824. A communication from the Assist- mittee on Banking, Housing, and Urban Af- of the Publications and Regulations Branch, ant Legal Adviser for Treaty Affairs, Depart- fairs. Internal Revenue Service, Department of the ment of State, transmitting, pursuant to the EC–6803. A communication from the Assist- Treasury, transmitting, pursuant to law, the Case-Zablocki Act, 1 U.S.C. 112b, as amended, ant Secretary for Export Administration, report of a rule entitled ‘‘Section 3121—Tips the report of the texts and background state- Bureau of Industry and Security, Depart- Included for Both Employee and Employer ments of international agreements, other ment of Commerce, transmitting, pursuant Taxes’’ (Rev. Proc. 2012–18) received in the than treaties (List 2012–0069—2012–0084); to to law, the report of a rule entitled ‘‘Imple- Office of the President of the Senate on June the Committee on Foreign Relations. mentation of the Understandings Reached at 29, 2012; to the Committee on Finance. f the 2011 Australia Group (AG) Plenary Meet- EC–6814. A communication from the Chief ing and Other AG-Related Clarifications to of the Publications and Regulations Branch, INTRODUCTION OF BILLS AND the EAR’’ (RIN0694–AF45) received in the Of- Internal Revenue Service, Department of the JOINT RESOLUTIONS fice of the President of the Senate on June Treasury, transmitting, pursuant to law, the 28, 2012; to the Committee on Banking, Hous- report of a rule entitled ‘‘Applicable Federal The following bills and joint resolu- ing, and Urban Affairs. Rates—July 2012’’ (Rev. Rul. 2012–20) received tions were introduced, read the first EC–6804. A communication from the Direc- in the Office of the President of the Senate and second times by unanimous con- tor, Office of Surface Mining, Department of on June 29, 2012; to the Committee on Fi- sent, and referred as indicated: the Interior, transmitting, pursuant to law, nance. By Mr. UDALL of New Mexico: the report of a rule entitled ‘‘Wyoming Regu- EC–6815. A communication from the Chief S. 3370. A bill to authorize the Adminis- latory Program’’ (Docket No. WY–042–FOR) of the Publications and Regulations Branch, trator of General Services to convey a parcel received during adjournment of the Senate Internal Revenue Service, Department of the of real property in Albuquerque, New Mex- in the Office of the President of the Senate Treasury, transmitting, pursuant to law, the ico, to the Amy Biehl High School Founda- on July 6, 2012; to the Committee on Energy report of a rule entitled ‘‘Interim Guidance tion; to the Committee on Environment and and Natural Resources. on Rev. Rul. 2012–18, Sec. 3121—Tips Included Public Works.

VerDate Mar 15 2010 02:48 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A11JY6.020 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4893 By Mr. BEGICH (for himself and Ms. (Mr. COCHRAN) was added as a cospon- S. 3204 SNOWE): sor of S. 960, a bill to provide for a At the request of Mr. JOHANNS, the S. 3371. A bill to establish, within the Na- study on issues relating to access to in- names of the Senator from Tennessee tional Oceanic and Atmospheric Administra- tion, an integrated and comprehensive travenous immune globulin (IVG) for (Mr. ALEXANDER), the Senator from ocean, coastal, Great Lakes, and atmos- Medicare beneficiaries in all care set- Oklahoma (Mr. INHOFE) and the Sen- pheric research, prediction, and environ- tings and a demonstration project to ator from North Carolina (Mr. BURR) mental information program to support re- examine the benefits of providing cov- were added as cosponsors of S. 3204, a newable energy, and for other purposes; to erage and payment for items and serv- bill to address fee disclosure require- the Committee on Commerce, Science, and ices necessary to administer IVG in the ments under the Electronic Fund Transportation. home. Transfer Act, and for other purposes. By Mr. WEBB (for himself and Mr. CON- RAD): S. 1616 S. 3239 S. 3372. A bill to amend section 704 of title At the request of Mr. MENENDEZ, the At the request of Mrs. FEINSTEIN, the 18, United States Code; to the Committee on name of the Senator from New Hamp- names of the Senator from New Jersey the Judiciary. shire (Mrs. SHAHEEN) was added as a co- (Mr. LAUTENBERG) and the Senator By Ms. MURKOWSKI: sponsor of S. 1616, a bill to amend the from New York (Mr. SCHUMER) were S. 3373. A bill to require the Attorney Gen- eral to issue a report on the Alaska Rural Internal Revenue Code of 1986 to ex- added as cosponsors of S. 3239, a bill to Justice and Law Enforcement Commission; empt certain stock of real estate in- provide for a uniform national stand- to the Committee on the Judiciary. vestment trusts from the tax on for- ard for the housing and treatment of By Mr. NELSON of Nebraska: eign investments in United States real egg-laying hens, and for other pur- S. 3374. A bill to amend the Public Range- property interests, and for other pur- poses. lands Improvement Act of 1978 to establish poses. S. 3291 criteria for the rate of fees charged for graz- ing private livestock on public rangelands; S. 1929 At the request of Ms. KLOBUCHAR, her to the Committee on Energy and Natural Re- At the request of Mr. BLUMENTHAL, name was added as a cosponsor of S. sources. the names of the Senator from Ne- 3291, a bill to prohibit unauthorized By Mrs. BOXER: braska (Mr. NELSON), the Senator from third-party charges on wireline tele- S. 3375. A bill to designate the Berryessa Maine (Ms. SNOWE), the Senator from phone bills, and for other purposes. Snow Mountain National Conservation Area Illinois (Mr. KIRK) and the Senator in the State of California, and for other pur- S. 3333 poses; to the Committee on Energy and Nat- from Mississippi (Mr. COCHRAN) were At the request of Mr. TOOMEY, the ural Resources. added as cosponsors of S. 1929, a bill to name of the Senator from Florida (Mr. By Mr. CASEY (for himself and Ms. require the Secretary of the Treasury RUBIO) was added as a cosponsor of S. MURKOWSKI): to mint coins in commemoration of 3333, a bill to require certain entities S. 3376. A bill to amend the Federal Food, Mark Twain. that collect and maintain personal in- Drug, and Cosmetic Act to prevent the abuse S. 2078 of dextromethorphan, and for other purposes; formation of individuals to secure such to the Committee on Health, Education, At the request of Mr. MENENDEZ, the information and to provide notice to Labor, and Pensions. name of the Senator from Michigan such individuals in the case of a breach By Mr. WARNER (for himself, Ms. MI- (Ms. STABENOW) was added as a cospon- of security involving such information, KULSKI, Mr. BLUNT, Mr. BURR, Mrs. sor of S. 2078, a bill to enable Federal and for other purposes. FEINSTEIN, Mr. CHAMBLISS, Mr. and State chartered banks and thrifts S. 3364 UDALL of Colorado, Mr. RISCH, and to meet the credit needs of the Na- At the request of Ms. STABENOW, the Ms. SNOWE): S.J. Res. 47. A joint resolution amending tion’s home builders, and to provide li- names of the Senator from Minnesota title 36, United States Code, to designate quidity and ensure stable credit for (Mr. FRANKEN), the Senator from Con- July 26 as United States Intelligence Profes- meeting the Nation’s need for new necticut (Mr. BLUMENTHAL) and the sionals Day; to the Committee on the Judici- homes. Senator from West Virginia (Mr. ary. S. 2173 ROCKEFELLER) were added as cospon- f At the request of Mr. DEMINT, the sors of S. 3364, a bill to provide an in- ADDITIONAL COSPONSORS name of the Senator from Alabama centive for businesses to bring jobs (Mr. SHELBY) was added as a cosponsor back to America. S. 362 of S. 2173, a bill to preserve and protect At the request of Mr. WHITEHOUSE, S. 3369 the free choice of individual employees the name of the Senator from Florida At the request of Mr. WHITEHOUSE, to form, join, or assist labor organiza- (Mr. RUBIO) was added as a cosponsor of the names of the Senator from tions, or to refrain from such activi- S. 362, a bill to amend the Public Vermont (Mr. LEAHY), the Senator ties. Health Service Act to provide for a from New Mexico (Mr. BINGAMAN), the Pancreatic Cancer Initiative, and for S. 2239 Senator from Louisiana (Ms. LAN- other purposes. At the request of Mr. NELSON of Flor- DRIEU), the Senator from Maryland ida, the name of the Senator from S. 412 (Ms. MIKULSKI), the Senator from New Alaska (Ms. MURKOWSKI) was added as At the request of Mr. LEVIN, the Jersey (Mr. MENENDEZ), the Senator name of the Senator from Maine (Ms. a cosponsor of S. 2239, a bill to direct from North Carolina (Mrs. HAGAN), the COLLINS) was added as a cosponsor of S. the head of each agency to treat rel- Senator from Colorado (Mr. UDALL), 412, a bill to ensure that amounts cred- evant military training as sufficient to the Senator from Michigan (Ms. STABE- ited to the Harbor Maintenance Trust satisfy training or certification re- NOW), the Senator from Michigan (Mr. Fund are used for harbor maintenance. quirements for Federal licenses. LEVIN), the Senator from Iowa (Mr. S. 697 S. 2342 HARKIN), the Senator from Delaware At the request of Mr. CASEY, the At the request of Mr. TESTER, the (Mr. COONS), the Senator from Wis- name of the Senator from Minnesota name of the Senator from Georgia (Mr. consin (Mr. KOHL), the Senator from (Ms. KLOBUCHAR) was added as a co- ISAKSON) was added as a cosponsor of S. North Dakota (Mr. CONRAD), the Sen- sponsor of S. 697, a bill to amend the 2342, a bill to reform the National Asso- ator from Hawaii (Mr. INOUYE), the Internal Revenue Code of 1986 to allow ciation of Registered Agents and Bro- Senator from Vermont (Mr. SANDERS), a credit against income tax for kers, and for other purposes. the Senator from Rhode Island (Mr. amounts paid by a spouse of a member S. 2472 REED), the Senator from Missouri (Mrs. of the Armed Services for a new State At the request of Mr. CASEY, the MCCASKILL), the Senator from Con- license or certification required by rea- name of the Senator from Florida (Mr. necticut (Mr. BLUMENTHAL) and the son of a permanent change in the duty RUBIO) was added as a cosponsor of S. Senator from New York (Mrs. GILLI- station of such member to another 2472, a bill to provide for the issuance BRAND) were added as cosponsors of S. State. and sale of a semipostal by the United 3369, a bill to amend the Federal Elec- S. 960 States Postal Service for research and tion Campaign Act of 1971 to provide At the request of Mr. KERRY, the demonstration projects relating to au- for additional disclosure requirements name of the Senator from Mississippi tism spectrum disorders. for corporations, labor organizations,

VerDate Mar 15 2010 02:48 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A11JY6.023 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4894 CONGRESSIONAL RECORD — SENATE July 11, 2012 Super PACs and other entities, and for (Mr. RUBIO), the Senator from Kansas At the same time, the very special other purposes. (Mr. ROBERTS), the Senator from Texas reverence with the first amendment S.J. RES. 39 (Mrs. HUTCHISON), the Senator from should be measured against the equally At the request of Mr. CARDIN, the Louisiana (Mr. VITTER), the Senator special place our society holds for mili- name of the Senator from Massachu- from Nebraska (Mr. JOHANNS), the Sen- tary service. There are strongly emo- setts (Mr. KERRY) was added as a co- ator from Texas (Mr. CORNYN), the Sen- tional reasons that this is so and there sponsor of S.J. Res. 39, a joint resolu- ator from Missouri (Mr. BLUNT), the are clearly other tangible benefits that tion removing the deadline for the rati- Senator from North Carolina (Mr. derive from military service. fication of the equal rights amend- BURR), the Senator from Oklahoma I would point out something that for ment. (Mr. INHOFE), the Senator from Wyo- many of us seems obvious, but I think ming (Mr. BARRASSO), the Senator from it needs to be restated as we consider S.J. RES. 43 Utah (Mr. LEE), the Senator from Mis- the Supreme Court decision on the Sto- At the request of Mr. MCCONNELL, sissippi (Mr. WICKER), the Senator from len Valor Act and what the implica- the name of the Senator from Mis- Ohio (Mr. PORTMAN), the Senator from tions are for the legislation I am intro- sissippi (Mr. COCHRAN) was added as a Wisconsin (Mr. JOHNSON), the Senator ducing. The experience of military cosponsor of S.J. Res. 43, a joint resolu- from Georgia (Mr. ISAKSON), the Sen- service, particularly hard combat, is a tion approving the renewal of import ator from Mississippi (Mr. COCHRAN), unique phenomenon in our society. restrictions contained in the Burmese the Senator from Iowa (Mr. GRASSLEY), There was a saying when I was in the Freedom and Democracy Act of 2003, the Senator from Indiana (Mr. COATS), Marine Corps many years ago that and for other purposes. the Senator from Oklahoma (Mr. ‘‘For those who have fought for it, free- S. CON. RES. 48 COBURN) and the Senator from Ala- dom has a flavor that the protected At the request of Mr. THUNE, his bama (Mr. SESSIONS) were added as co- shall never know.’’ Once someone has name was added as a cosponsor of S. sponsors of amendment No. 2506 in- been in hard combat, they will never Con. Res. 48, a concurrent resolution tended to be proposed to S. 2237, a bill see life around them in the same way recognizing 375 years of service of the to provide a temporary income tax again. That doesn’t mean they will be National Guard and affirming congres- credit for increased payroll and extend worse or particularly better or dam- sional support for a permanent Oper- bonus depreciation for an additional aged or in some way empowered, but ational Reserve as a component of the year, and for other purposes. for the rest of their lives they will Armed Forces. f truly see a lot of things differently. At the request of Mr. LEAHY, the They will have seen horrible events name of the Senator from Massachu- STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS that strain their emotions, yet in- setts (Mr. BROWN) was added as a co- crease their ability to understand trag- sponsor of S. Con. Res. 48, supra. By Mr. WEBB (for himself and edy and to value human courage in S. RES. 487 Mr. CONRAD): many different stripes and forms. They S. 3372. A bill to amend section 704 of At the request of Mr. BEGICH, the will have learned to appreciate the in- name of the Senator from Mississippi title 18, United States Code; to the herent contradictions between the pris- Committee on the Judiciary. (Mr. COCHRAN) was added as a cospon- tine intellectual debates about war and Mr. WEBB. Mr. President, I am intro- sor of S. Res. 487, a resolution express- the reality of a blood-soaked battle- ducing this bill today in response to a ing the sense of the Senate that the field where decisions must be made in recent Supreme Court holding that in- an instant while human lives hang pre- ambush marketing adversely affects validated the provisions of what has cariously in the balance. Team USA and the Olympic and become known as the Stolen Valor Act Paralympic Movements and should not These lives comprise the burden and of 2006. The Supreme Court decision re- the value of military service. Neither be condoned. garded a place in the Stolen Valor Act AMENDMENT NO. 2493 the scars nor the lessons disappear that made all false statements about when one leaves the battlefield or when At the request of Mrs. HUTCHISON, the the receipt of military decorations a one leaves the military. The men and names of the Senator from South Da- crime. It states that this act, in the women who step forward to serve carry kota (Mr. THUNE) and the Senator from view of the Court: this burden and share these values for Wyoming (Mr. ENZI) were added as co- . . . seeks to control and suppress all false the rest of their lives. Our veterans sponsors of amendment No. 2493 in- statements on this one subject in almost tended to be proposed to S. 2237, a bill limitless times and settings without regard have given a portion of themselves to to provide a temporary income tax to whether the lie was made for the purpose our country, and our country has al- credit for increased payroll and extend of material gain. ways been good at reciprocating. Our bonus depreciation for an additional Basically what the Supreme Court veterans love America and America year, and for other purposes. was saying is that we cannot freeze all loves our veterans. It is important to understand the im- AMENDMENT NO. 2496 first amendment rights to make claims about anything in this society unless pact that military service can have on At the request of Mr. DURBIN, the there was a purpose at the end of it in one’s life in order to comprehend what name of the Senator from Michigan terms of some sort of a material gain. a disservice it is for others to pretend (Mr. LEVIN) was added as a cosponsor of I understand and fully accept the to have served. There is an old country amendment No. 2496 intended to be pro- Court’s holding in this case about the song that says ‘‘You’ve got to suffer if posed to S. 2237, a bill to provide a tem- overly broad measures of the Stolen you want to sing the blues.’’ Those who porary income tax credit for increased Valor Act of 2006. The legislation I am have not served, have not paid the payroll and extend bonus depreciation introducing today is designed to rem- price that comes with earning that re- for an additional year, and for other edy this issue and to bring criminal spect. In many cases they are indeed purposes. penalties to those who falsely claim attempting to gain tangible benefits At the request of Mr. ENZI, the names military service or the receipt of un- that have been designed to reward and of the Senator from Hawaii (Mr. earned awards, medals, and ribbons if honor military service when they pre- AKAKA), the Senator from Minnesota these statements were made in pursuit tend to have served. (Ms. KLOBUCHAR) and the Senator from of a tangible benefit or a personal gain. Here are a few of those benefits that Minnesota (Mr. FRANKEN) were added This legislation is drafted under the are in the legislation I am outlining: as cosponsors of amendment No. 2496 guidance of the holding of the Supreme benefits relating to the military serv- intended to be proposed to S. 2237, Court in this case. I am a strong be- ice provided by the Federal Govern- supra. liever in the first amendment. I believe ment or a State or local government; AMENDMENT NO. 2506 it is sacrosanct in our society. I believe the ability to gain employment or pro- At the request of Mr. MCCONNELL, the freedom to speak one’s mind and to fessional advancement; financial remu- the names of the Senator from Utah dissent when one opposes a proposal or neration, for instance, receiving money (Mr. HATCH), the Senator from Arizona an issue or a government policy is the for books or writings related to the no- (Mr. KYL), the Senator from Florida very foundation of a truly free society. tion of having served; seeking an effect

VerDate Mar 15 2010 02:48 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A11JY6.025 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4895 on the outcome of criminal or civil and horseback riding, and is home to a region deserves national status and court proceedings; and seeking to im- diverse array of wildlife including recognition, and I urge my colleagues pact one’s personal credibility in a po- black bears and bald eagles. to join me in supporting this effort. litical campaign. There are others, but My bill does not add any new lands to f those are clearly tangible benefits that the Federal Government—the lands in- AMENDMENTS SUBMITTED AND come from stating that one served in cluded in this NCA are already man- PROPOSED the military when one did not. aged by the Bureau of Land Manage- The journey of this Stolen Valor leg- ment, the Bureau of Reclamation, and SA 2508. Mr. CORNYN submitted an islation begins with one individual the U.S. Forest Service. A National amendment intended to be proposed by him whom I have known for a very long Conservation Area designation will re- to the bill S. 2237, to provide a temporary in- come tax credit for increased payroll and ex- time. His name is Jug Burkett. He was quire these three agencies to develop a tend bonus depreciation for an additional a Vietnam veteran, like myself. He multi-agency management plan in con- year, and for other purposes; which was or- grew up in the military. His father had sultation with stakeholders and the dered to lie on the table. a career in the military. He identified public, improving coordination on SA 2509. Mr. HATCH (for himself, Mr. this problem many years ago and wildlife preservation, habitat restora- BROWN of Massachusetts, Mr. TOOMEY, Mr. looked at the impact of those who had tion, and recreational opportunities. RISCH, Mr. PORTMAN, Mr. ROBERTS, Mr. ISAK- SON, Mr. JOHANNS, Mr. COATS, Mr. KIRK, Ms. claimed to have served or who had Creation of the NCA will also help the COLLINS, Mrs. HUTCHISON, Mr. KYL, Mr. BAR- claimed to have served in areas where agencies take a more coordinated ap- RASSO, Mr. MCCAIN, Mr. COBURN, Mr. BURR, they did not on all the areas I just proach to preventing and fighting Ms. AYOTTE, Mr. RUBIO, Mr. LUGAR, Mr. mentioned. wildfires, combating invasive species CRAPO, Mr. CORNYN, Mr. INHOFE, Mr. ALEX- He wrote a book many years called and water pollution, and stopping the ANDER, Mr. HELLER, Mr. BOOZMAN, Mr. GRA- ‘‘Stolen Valor.’’ He had quite a journey spread of illegal marijuana growth. HAM, Mr. HOEVEN, Mr. THUNE, and Mr. with this book and has pursued the By unifying these individual places WICKER) submitted an amendment intended issue of honesty and integrity in our under one banner, my bill helps put the to be proposed by him to the bill S. 2237, supra; which was ordered to lie on the table. legal process and in other ways. It was Berryessa Snow Mountain region on SA 2510. Mr. HATCH (for himself, Mr. largely because of Jug Burkett’s effort the map as a destination for new visi- JOHANNS, Mr. RISCH, Mr. PORTMAN, Mr. ROB- that the Stolen Valor Act was passed tors. This region is one of the most bio- ERTS, Mr. ISAKSON, Mr. COATS, Mr. KIRK, Ms. in 2006. logically diverse, yet least known re- COLLINS, Mrs. HUTCHISON, Mr. KYL, Mr. BAR- I do not believe the Supreme Court gions of California. By raising its pro- RASSO, Mr. MCCAIN, Mr. COBURN, Mr. BURR, decision in any way invalidates the file, an NCA designation will boost Mr. COCHRAN, Mr. RUBIO, Mr. CRAPO, Mr. concerns Jug Burkett and others have tourism and increase business opportu- CORNYN, Mr. INHOFE, Mr. ALEXANDER, Mr. had. In fact, I think what we are doing nities in the region’s gateway commu- HELLER, Mr. BOOZMAN, Mr. GRAHAM, Mr. HOEVEN, Mr. THUNE, and Mr. WICKER) sub- with this legislation is to make sure nities. The Outdoor Industry Associa- mitted an amendment intended to be pro- proper concerns are laid out without tion has estimated that outdoor recre- posed by him to the bill S. 2237, supra; which being overly broad so that any words ation supports 408,000 jobs and contrib- was ordered to lie on the table. said in a bar room or someone sitting utes $46 billion annually to California’s SA 2511. Mr. BARRASSO submitted an around personally is not going to have economy, underscoring the immense amendment intended to be proposed by him legal authorities measuring every sin- potential of sites such as the proposed to the bill S. 2237, supra; which was ordered Berryessa Snow Mountain NCA to to lie on the table. gle word anyone says. SA 2512. Mr. BROWN of Ohio submitted an We have designed this very specifi- drive local economic growth. Addition- amendment intended to be proposed by him cally with respect to the concerns the ally, the region will become recognized to the bill S. 2237, supra; which was ordered Supreme Court laid out. I may be offer- by more people as uniform signage and to lie on the table. ing this bill as an amendment to the publications are created to reach more SA 2513. Mr. BROWN of Ohio (for himself National Defense Authorization Act. diverse audiences, allowing them to and Mr. CASEY) submitted an amendment in- My hope is this amended language learn more about this beautiful area. tended to be proposed by him to the bill S. Finally, this designation enables 2237, supra; which was ordered to lie on the could gain the support of all of our col- table. leagues and that we could move this more people to share in the manage- SA 2514. Mr. THUNE (for himself, Mr. ROB- bill quickly, perhaps as an independent ment of these wonderful resources ERTS, Mr. BLUNT, and Mr. KYL) submitted an bill. through the creation of a public advi- amendment intended to be proposed by him This bill respects the first amend- sory committee. Local citizens, out- to the bill S. 2237, supra; which was ordered ment. It respects military service, and door enthusiasts, business owners, and to lie on the table. it assures a special place in our society other stakeholders will be granted an SA 2515. Mr. BENNET (for himself, Mr. MORAN, Mr. UDALL of Colorado, and Mr. that has always been reserved for those official avenue to provide input on how TESTER) submitted an amendment intended who have stepped forward and gone to best care for these beautiful rivers, to be proposed by him to the bill S. 2237, into harm’s way on our behalf. ridges, forests, canyons, and creeks, supra; which was ordered to lie on the table. along with their diverse plant and wild- SA 2516. Mr. FRANKEN (for himself and By Mrs. BOXER: life species. Mr. ENZI) submitted an amendment intended S. 3375. A bill to designate the Creation of this proposed National to be proposed by him to the bill S. 2237, Berryessa Snow Mountain National Conservation Area has strong support supra; which was ordered to lie on the table. Conservation Area in the State of Cali- from a large coalition of local govern- SA 2517. Mr. BEGICH submitted an amend- fornia, and for other purposes; to the ment intended to be proposed by him to the ments, elected officials, business own- bill S. 2237, supra; which was ordered to lie Committee on Energy and Natural Re- ers, landowners, farmers, private indi- on the table. sources. viduals, and many conservation and SA 2518. Mr. THUNE (for himself, Mr. Mrs. BOXER. Mr. President, I am recreation groups. This bill is the cul- RUBIO, Mr. GRAHAM, and Mr. BOOZMAN) sub- pleased to introduce the Berryessa mination of a grassroots effort of con- mitted an amendment intended to be pro- Snow Mountain National Conservation cerned citizens taking the initiative to posed by him to the bill S. 2237, supra; which Area Act. Congressman MIKE THOMP- care for the beautiful areas in their was ordered to lie on the table. SA 2519. Mr. WHITEHOUSE (for himself SON recently introduced companion communities, and I am proud to sup- and Mr. GRASSLEY) submitted an amendment legislation to this bill in the House of port their work and commitment. I intended to be proposed by him to the bill S. Representatives, and I thank him for particularly applaud Tuleyome, a local 2237, supra; which was ordered to lie on the all of the work he has done on advanc- nonprofit active in protecting wilder- table. ing this initiative. ness and agriculture in the western SA 2520. Mr. BENNET (for himself, Mr. This important legislation designates Sacramento Valley and Inner Coast MORAN, Mr. UDALL of Colorado, and Mr. 319,000 acres of public lands in Lake, Range, for their leadership on this ef- TESTER) submitted an amendment intended Mendocino, Napa, and Yolo Counties as to be proposed by him to the bill S. 2237, fort. supra; which was ordered to lie on the table. the Berryessa Snow Mountain National I look forward to working with my SA 2521. Mr. REID (for Ms. LANDRIEU) pro- Conservation Area, or NCA. The area is colleagues to pass this important legis- posed an amendment to the bill S. 2237, a haven for hiking, camping, rafting, lation. The Berryessa Snow Mountain supra.

VerDate Mar 15 2010 02:58 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JY6.016 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4896 CONGRESSIONAL RECORD — SENATE July 11, 2012 SA 2522. Mr. REID proposed an amendment ment intended to be proposed by him ‘‘(4) the initial environmental analysis to amendment SA 2521 proposed by Mr. REID to the bill S. 2237, to provide a tem- under National Environmental Policy Act of (for Ms. LANDRIEU) to the bill S. 2237, supra. porary income tax credit for increased 1969 (42 U.S.C. 4321 et seq.) regarding a graz- SA 2523. Mr. REID proposed an amendment payroll and extend bonus depreciation ing allotment, permit, or lease has not been to amendment SA 2522 proposed by Mr. REID completed.’’. for an additional year, and for other to the amendment SA 2521 proposed by Mr. SEC. 203. RENEWAL, TRANSFER, AND REID (for Ms. LANDRIEU) to the bill S. 2237, purposes; which was ordered to lie on REISSUANCE OF GRAZING PERMITS supra. the table; as follows: AND LEASES. SA 2524. Mr. REID proposed an amendment Strike all after the first word and insert Title IV of the Federal Land Policy and to the bill S. 2237, supra. the following: Management Act of 1976 (43 U.S.C. 1751 et seq.) is amended by adding at the end the fol- SA 2525. Mr. REID proposed an amendment 1. REPEAL OF MEDICAL DEVICE EXCISE TAX. to amendment SA 2524 proposed by Mr. REID lowing: (a) IN GENERAL.—Chapter 32 of the Internal to the bill S. 2237, supra. Revenue Code of 1986 is amended by striking ‘‘SEC. 405. RENEWAL, TRANSFER, AND SA 2526. Mr. REID proposed an amendment REISSUANCE OF GRAZING PERMITS subchapter E. to the bill S. 2237, supra. AND LEASES. (b) CONFORMING AMENDMENTS.— SA 2527. Mr. REID proposed an amendment ‘‘(a) DEFINITIONS.—In this section: (1) Subsection (a) of section 4221 of such to amendment SA 2526 proposed by Mr. REID ‘‘(1) CURRENT GRAZING MANAGEMENT.—The Code is amended by striking the last sen- to the bill S. 2237, supra. term ‘current grazing management’ means tence. SA 2528. Mr. REID proposed an amendment grazing in accordance with the terms and (2) Paragraph (2) of section 6416(b) of such to amendment SA 2527 proposed by Mr. REID conditions of an existing permit or lease and Code is amended by striking the last sen- to the amendment SA 2526 proposed by Mr. includes any modifications that are con- tence. REID to the bill S. 2237, supra. sistent with an applicable Department of In- SA 2529. Mr. LEE submitted an amendment (c) CLERICAL AMENDMENT.—The table of terior resource management plan or Depart- intended to be proposed by him to the bill S. subchapters for chapter 32 of such Code is ment of Agriculture land use plan. amended by striking the item relating to 2237, supra; which was ordered to lie on the ‘‘(2) SECRETARY CONCERNED.—The term table. subchapter E. ‘Secretary concerned’ means— SA 2530. Mr. LEE submitted an amendment ‘‘(A) the Secretary of Agriculture, with re- intended to be proposed by him to the bill S. SA 2510. Mr. HATCH (for himself, Mr. spect to National Forest System land; and 2237, supra; which was ordered to lie on the JOHANNS, Mr. RISCH, Mr. PORTMAN, Mr. ‘‘(B) the Secretary of the Interior, with re- table. ROBERTS, Mr. ISAKSON, Mr. COATS, Mr. spect to land under the jurisdiction of the SA 2531. Mr. ROBERTS submitted an KIRK, Ms. COLLINS, Mrs. HUTCHISON, Department of the Interior. amendment intended to be proposed by him Mr. KYL, Mr. BARRASSO, Mr. MCCAIN, ‘‘(b) RENEWAL, TRANSFER, REISSUANCE, AND to the bill S. 2237, supra; which was ordered Mr. COBURN, Mr. BURR, Mr. COCHRAN, PENDING PROCESSING.—A grazing permit or lease issued by the Secretary of the Interior, to lie on the table. Mr. RUBIO, Mr. CRAPO, Mr. CORNYN, Mr. f or a grazing permit issued by the Secretary INHOFE, Mr. ALEXANDER, Mr. HELLER, of Agriculture regarding National Forest TEXT OF AMENDMENTS Mr. BOOZMAN, Mr. GRAHAM, Mr. System land, that expires, is transferred, or HOEVEN, Mr. THUNE, and Mr. WICKER) SA 2508. Mr. CORNYN submitted an is waived shall be renewed or reissued under, submitted an amendment intended to amendment intended to be proposed by as appropriate— be proposed by him to the bill S. 2237, ‘‘(1) section 402; him to the bill S. 2237, to provide a to provide a temporary income tax ‘‘(2) section 19 of the Act of April 24, 1950 temporary income tax credit for in- credit for increased payroll and extend (commonly known as the ‘Granger-Thye creased payroll and extend bonus de- bonus depreciation for an additional Act’; 16 U.S.C. 580l); preciation for an additional year, and ‘‘(3) title III of the Bankhead-Jones Farm year, and for other purposes; which was for other purposes; which was ordered Tenant Act (7 U.S.C. 1010 et seq.); or ordered to lie on the table; as follows: to lie on the table; as follows: ‘‘(4) section 510 the California Desert Pro- Strike all after the first word and insert tection Act of 1994 (16 U.S.C. 410aaa–50). At the end, add the following: the following: ‘‘(c) TERMS; CONDITIONS.—The terms and SEC. ll. POINT OF ORDER ON LEGISLATION 1. REPEAL OF TAX ON INDIVIDUALS WHO FAIL TO conditions (except the termination date) THAT RAISES INCOME TAX RATES MAINTAIN MINIMUM ESSENTIAL contained in an expired, transferred, or ON SMALL BUSINESSES. COVERAGE. waived permit or lease described in sub- (a) POINT OF ORDER.— Section 5000A of the Internal Revenue Code section (b) shall continue in effect under a (1) IN GENERAL.—In the Senate, it shall not of 1986 is amended by adding at the end the renewed or reissued permit or lease until the be in order to consider any bill, joint resolu- following new subsection: date on which the Secretary concerned com- tion, amendment, motion, or conference re- ‘‘(h) TERMINATION.—This section shall not pletes the processing of the renewed or re- port that includes any provision which in- apply with respect to any month beginning issued permit or lease that is the subject of creases Federal income tax rates. after the date of the enactment of this sub- the expired, transferred, or waived permit or (2) DEFINITION.—In this section, the term section.’’. lease, in compliance with each applicable ‘‘Federal income tax rates’’ means any rate law. of tax under— Mr. BARRASSO submitted ‘‘(d) CANCELLATION; SUSPENSION; MODIFICA- (A) subsection (a), (b), (c), (d), or (e) of sec- SA 2511. TION.—Notwithstanding subsection (c), a per- tion 1 of the Internal Revenue Code of 1986, an amendment intended to be proposed mit or lease described in subsection (b) may (B) section 11(b) of such Code, or by him to the bill S. 2237, to provide a be cancelled, suspended, or modified in ac- (C) section 55(b) of such Code. temporary income tax credit for in- cordance with applicable law. (b) SUPERMAJORITY WAIVER AND APPEALS.— creased payroll and extend bonus de- ‘‘(e) RENEWAL TRANSFER REISSUANCE (1) WAIVER.—This section may be waived or preciation for an additional year, and AFTER PROCESSING.—When the Secretary suspended in the Senate only by an affirma- for other purposes; which was ordered concerned has completed the processing of tive vote of three-fifths of the Members, to lie on the table; as follows: the renewed or reissued permit or lease that dully chosen and sworn. At the end, add the following: is the subject of the expired, transferred, or (2) APPEALS.—An affirmative vote of three- waived permit or lease, the Secretary con- TITLE II—GRAZING IMPROVEMENT ACT fifths of the Members of the Senate, duly cerned may renew or reissue the permit or OF 2012 chosen and sworn, shall be required to sus- lease for a term of 20 years after completion tain an appeal of the ruling of the Chair on SEC. 201. SHORT TITLE. of processing. a point of order raised under this section. This title may be cited as the ‘‘Grazing Im- ‘‘(f) COMPLIANCE WITH NATIONAL ENVIRON- provement Act of 2012’’. MENTAL POLICY ACT OF 1969.—The renewal, Mr. HATCH (for himself, Mr. SA 2509. SEC. 202. TERMS OF GRAZING PERMITS AND reissuance, or transfer of a grazing permit or BROWN of Massachusetts, Mr. TOOMEY, LEASES. lease by the Secretary concerned may, at Mr. RISCH, Mr. PORTMAN, Mr. ROBERTS, Section 402 of the Federal Land Policy and their sole discretion, be categorically ex- Mr. ISAKSON, Mr. JOHANNS, Mr. COATS, Management Act of 1976 (43 U.S.C. 1752) is cluded from the requirement to prepare an Mr. KIRK, Ms. COLLINS, Mrs. HUTCH- amended— environmental assessment or an environ- INSON, Mr. KYL, Mr. BARRASSO, Mr. (1) by striking ‘‘ten years’’ each place it mental impact statement if— MCCAIN, Mr. COBURN, Mr. BURR, Ms. appears and inserting ‘‘20 years’’; and ‘‘(1) the decision to renew, reissue, or (2) in subsection (b)— transfer continues the current grazing man- AYOTTE, Mr. RUBIO, Mr. LUGAR, Mr. (A) by striking ‘‘or’’ at the end of each of agement of the allotment; CRAPO, Mr. CORNYN, Mr. INHOFE, Mr. paragraphs (1) and (2); ‘‘(2) monitoring of the allotment has indi- ALEXANDER, Mr. HELLER, Mr. BOOZMAN, (B) in paragraph (3), by striking the period cated that the current grazing management Mr. GRAHAM, Mr. HOEVEN, Mr. THUNE, at the end and inserting ‘‘; or’’; and has met, or has satisfactorily progressed to- and Mr. WICKER) submitted an amend- (C) by adding at the end the following: wards meeting, objectives contained in the

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(a) IN GENERAL.—Section 41 of the Internal Strike section 2. ‘‘(g) PRIORITY AND TIMING FOR COMPLETING Revenue Code of 1986, as amended by section ENVIRONMENTAL ANALYSES.—The Secretary 2 of this Act, is amended by redesignating SA 2515. Mr. BENNET (for himself, concerned, in the sole discretion of the Sec- subsection (h) as subsection (i) and by insert- Mr. MORAN, Mr. UDALL of Colorado, and retary concerned, shall determine the pri- ing after subsection (g) the following new Mr. TESTER) submitted an amendment ority and timing for completing each re- subsection: intended to be proposed by him to the quired environmental analysis regarding any ‘‘(h) SPECIAL RULE FOR RESEARCH WITH bill S. 2237, to provide a temporary in- UNITED STATES MANUFACTURING BUSINESS.— grazing allotment, permit, or lease based on come tax credit for increased payroll the environmental significance of the allot- ‘‘(1) IN GENERAL.—If the taxpayer elects the application of this subsection, subsection and extend bonus depreciation for an ment, permit, or lease and available funding additional year, and for other purposes; for that purpose. (a)(1) shall be applied by substituting ‘25 per- ‘‘(h) NEPA EXEMPTIONS.—The National En- cent’ for ‘20 percent’ with respect to quali- which was ordered to lie on the table; vironmental Policy Act of 1969 (42 U.S.C. 4321 fied United States research expenses. as follows: et seq.) shall not apply to the following: ‘‘(2) QUALIFIED UNITED STATES RESEARCH At the end, add the following: ‘‘(1) Crossing and trailing authorizations of EXPENSES.—For purposes of this subsection, SEC. ll. EXTENSION OF CREDITS FOR WIND FA- domestic livestock. the term ‘qualified United States research CILITIES. ‘‘(2) Transfer of grazing preference.’’. expenses’ means qualified research expenses (a) PRODUCTION TAX CREDIT.—Paragraph (1) for qualified research, substantially all of of section 45(d) of the Internal Revenue Code SA 2512. Mr. BROWN of Ohio sub- which occurs in the United States. of 1986 is amended by striking ‘‘January 1, mitted an amendment intended to be ‘‘(3) SEPARATE APPLICATION OF SECTION.—In 2013’’ and inserting ‘‘January 1, 2015’’. proposed by him to the bill S. 2237, to the case of any election of the application of (b) INVESTMENT TAX CREDIT.—Clause (i) of this subsection, this section shall be applied section 48(a)(5)(C) of the Internal Revenue provide a temporary income tax credit separately with respect qualified United Code of 1986 is amended by striking ‘‘or 2012’’ for increased payroll and extend bonus States research expenses.’’. and inserting ‘‘2012, 2013, or 2014’’. depreciation for an additional year, (b) EFFECTIVE DATE.—The amendments (c) CONFORMING AMENDMENT.—Paragraph and for other purposes; which was or- made by this section shall apply to amounts (1) of section 1603(e) of division B of the dered to lie on the table; as follows: paid or incurred for taxable years beginning American Recovery and Reinvestment Act of after the date of the enactment of this Act. At the end, add the following: 2009 is amended by striking ‘‘January 1, 2013’’ SEC. ll5. INCREASE IN DOMESTIC PRODUCTION and inserting ‘‘January 1, 2015’’. ll SEC. . SMALL BUSINESS HUBZONES. ACTIVITIES DEDUCTION FOR MANU- (d) EFFECTIVE DATE.—The amendments (a) DEFINITION.—In this section, the term FACTURED PROPERTY RESEARCHED made by this section shall apply to facilities ‘‘covered base closure area’’ means a base AND DEVELOPED IN UNITED placed in service after December 31, 2012. STATES. closure area that, on or before the date of en- SEC. ll. DELAY IN APPLICATION OF WORLD- actment of this Act, was treated as a (a) IN GENERAL.—Subsection (d) of section WIDE INTEREST. HUBZone for purposes of the Small Business 199 of the Internal Revenue Code of 1986 is (a) IN GENERAL.—Paragraphs (5)(D) and (6) Act (15 U.S.C. 631 et seq.) pursuant to section amended by redesignating paragraph (10) as of section 864(f) of the Internal Revenue Code 152(a)(2) of the Small Business Reauthoriza- paragraph (11) and by inserting after para- of 1986 are each amended by striking ‘‘De- tion and Manufacturing Assistance Act of graph (9) the following new paragraph: cember 31, 2020’’ and inserting ‘‘December 31, 2004 (15 U.S.C. 632 note). ‘‘(10) SPECIAL RULE FOR CERTAIN MANUFAC- 2022’’. (b) TREATMENT AS HUBZONE.—A covered TURING.— (b) EFFECTIVE DATE.—The amendments base closure area shall be treated as a ‘‘(A) IN GENERAL.—In the case qualified made by this section shall take effect on the HUBZone for purposes of the Small Business production activities income attributable to date of the enactment of this Act. Act (15 U.S.C. 631 et seq.) during the 5-year the manufacture or production of qualifying period beginning on the date of enactment of production property substantially all of the SA 2516. Mr. FRANKEN (for himself this Act. research and development of which occurred and Mr. ENZI) submitted an amend- in the United States, subsection (a) shall be ment intended to be proposed by him SA 2513. Mr. BROWN of Ohio (for applied by substituting ‘15 percent’ for ‘9 per- to the bill S. 2237, to provide a tem- cent’. himself and Mr. CASEY) submitted an porary income tax credit for increased ‘‘(B) SPECIAL RULE WHEN TAXABLE INCOME amendment intended to be proposed by payroll and extend bonus depreciation him to the bill S. 2237, to provide a USED TO DETERMINE DEDUCTION.—In the case of any taxable year for which the taxpayer’s for an additional year, and for other temporary income tax credit for in- qualified production activities income ex- purposes; which was ordered to lie on creased payroll and extend bonus de- ceeds the taxpayer’s taxable income (deter- the table; as follows: preciation for an additional year, and mined without regard to this section), the At the end, add the following: for other purposes; which was ordered amount of taxable income to which the 15 SEC. ll. EXTENSION OF TIME FOR MAKING S to lie on the table; as follows: percent amount in subparagraph (A) applies CORPORATION ELECTIONS. At the end, add the following: under subsection (a)(1) shall be an amount (a) IN GENERAL.—Subsection (b) of section equal to the amount which bears the same TITLE ll—21ST CENTURY INVESTMENT 1362 of the Internal Revenue Code of 1986 is ratio to such taxable income (as so deter- amended to read as follows: SEC. ll1. SHORT TITLE. mined) as— ‘‘(b) WHEN MADE.— This title may be cited as the ‘‘21st Cen- ‘‘(i) the amount of qualified production ac- ‘‘(1) RULES FOR NEW CORPORATIONS.—Except tury Investment Act of 2012’’. tivities income of the taxpayer for the tax- as provided in paragraph (2)— SEC. ll2. RESEARCH CREDIT MADE PERMA- able year which is attributable to the manu- ‘‘(A) IN GENERAL.—An election under sub- NENT. facture or production of qualifying produc- section (a) may be made by a small business (a) IN GENERAL.—Section 41 of the Internal tion property substantially all of the re- corporation for any taxable year at any time Revenue Code of 1986 is amended by striking search and development with respect to during the period— subsection (h). which occurred in the United States, bears ‘‘(i) beginning on the first day of the tax- (b) CONFORMING AMENDMENT.—Paragraph to able year for which made, and (1) of section 45C(b) of such Code is amended ‘‘(ii) all qualified production activities in- ‘‘(ii) ending on the due date (with exten- by striking subparagraph (D). come of the taxpayer for the taxable year. sions) for filing the return for the taxable (c) EFFECTIVE DATE.—The amendments ‘‘(C) TERMINATION.—This paragraph shall year. made by this subsection shall apply to not apply to taxable years beginning after ‘‘(B) CERTAIN ELECTIONS TREATED AS MADE amounts paid or incurred after December 31, December 31, 2020.’’. FOR NEXT TAXABLE YEAR.—If— 2011. (b) EFFECTIVE DATE.—The amendments ‘‘(i) an election under subsection (a) is SEC. ll3. INCREASE IN SIMPLIFIED RESEARCH made by this section shall apply to taxable made for any taxable year within the period CREDIT. years beginning after the date of the enact- described in subparagraph (A), but (a) IN GENERAL.—Subparagraph (A) of sec- ment of this Act. ‘‘(ii) either— tion 41(c)(5) of the Internal Revenue Code of ‘‘(I) on 1 or more days in such taxable year 1986 is amended by striking ‘‘14 percent (12 SA 2514. Mr. THUNE (for himself, Mr. and before the day on which the election was percent in the case of taxable years ending ROBERTS, Mr. BLUNT, and Mr. KYL) sub- made the corporation did not meet the re- before January 1, 2009)’’ and inserting ‘‘20 mitted an amendment intended to be quirements of subsection (b) of section 1361, percent’’. proposed by him to the bill S. 2237, to or

VerDate Mar 15 2010 04:41 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A11JY6.030 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4898 CONGRESSIONAL RECORD — SENATE July 11, 2012 ‘‘(II) 1 or more of the persons who held shall provide that the election may be made ‘‘(A) without regard to any placed in serv- stock in the corporation during such taxable on any timely filed small business corpora- ice date under subparagraph (A)(ii) thereof, year and before the election was made did tion return for such taxable year, with the and not consent to the election, consents of all persons who held stock in the ‘‘(B) without regard to any taxable year then such election shall be treated as made corporation during such taxable year in- limitation under section 179(f). for the following taxable year. cluded therewith. ‘‘(2) SPECIAL RULES.—For purposes of this ‘‘(C) ELECTION MADE AFTER DUE DATE ‘‘(5) SECRETARIAL AUTHORITY.—The Sec- section, rules similar to the rules of para- TREATED AS MADE FOR FOLLOWING TAXABLE retary may prescribe such regulations, rules, graphs (3), (4), (5), (9), and (10) of section YEAR.—If— or other guidance as may be necessary or ap- 179(d) shall apply.’’. ‘‘(i) a small business corporation makes an propriate for purposes of applying this sub- (b) CLERICAL AMENDMENT.—Part VI of sub- election under subsection (a) for any taxable section.’’. chapter B of chapter 1 of the Internal Rev- year, and (b) REVOCATIONS.—Paragraph (1) of section enue Code of 1986 is amended by inserting ‘‘(ii) such election is made after the due 1362(d) of the Internal Revenue Code of 1986 after the item relating to section 179E the date (with extensions) for filing the return is amended— following new item: for such year and on or before the due date (1) by striking ‘‘subparagraph (D)’’ in sub- paragraph (C) and inserting ‘‘subparagraphs ‘‘Sec. 179F. Election for small businesses to (with extensions) for filing the return for the expense certain depreciable following taxable year, (D) and (E)’’, and (2) by adding at the end the following new property.’’. then such election shall be treated as made subparagraph: (c) EFFECTIVE DATE.—The amendments for the following taxable year. ‘‘(E) AUTHORITY TO TREAT LATE REVOCA- made by this section shall apply to taxable ‘‘(2) RULES FOR EXISTING C CORPORATIONS.— TIONS AS TIMELY.—If— years beginning after December 31, 2012. In the case of any small business corporation ‘‘(i) a revocation under subparagraph (A) is which was a C corporation for the taxable made for any taxable year after the date pre- year prior to the taxable year for which the SA 2518. Mr. THUNE (for himself, Mr. scribed by this paragraph for making such election is made under subsection (a), the RUBIO, Mr. GRAHAM, and Mr. BOOZMAN) revocation for such taxable year or no such rules under this paragraph shall apply in lieu submitted an amendment intended to revocation is made for any taxable year, and of the rules under paragraph (1): be proposed by him to the bill S. 2237, ‘‘(ii) the Secretary determines that there ‘‘(A) IN GENERAL.—An election under sub- was reasonable cause for the failure to time- to provide a temporary income tax section (a) may be made by a small business ly make such revocation, credit for increased payroll and extend corporation for any taxable year— the Secretary may treat such a revocation as bonus depreciation for an additional ‘‘(i) at any time during the preceding tax- year, and for other purposes; which was able year, or timely made for such taxable year.’’. ‘‘(ii) at any time during the taxable year (c) EFFECTIVE DATE.—The amendments ordered to lie on the table; as follows: and on or before the 15th day of the 3d month made by this section shall apply to elections At the end, add the following: of the taxable year. for taxable years beginning after the date of the enactment of this Act. TITLE ll—DEATH TAX REPEAL ‘‘(B) CERTAIN ELECTIONS MADE DURING 1ST 21⁄2 MONTHS TREATED AS MADE FOR NEXT TAX- SA 2517. Mr. BEGICH submitted an SEC. ll1. SHORT TITLE. ABLE YEAR.—If— amendment intended to be proposed by This title may be cited as the ‘‘Death Tax ‘‘(i) an election under subsection (a) is him to the bill S. 2237, to provide a Repeal Permanency Act of 2012’’. made for any taxable year during such year temporary income tax credit for in- SEC. ll2. REPEAL OF ESTATE AND GENERA- and on or before the 15th day of the 3d month TION-SKIPPING TRANSFER TAXES. of such year, but creased payroll and extend bonus de- preciation for an additional year, and (a) ESTATE TAX REPEAL.—Subchapter C of ‘‘(ii) either— chapter 11 of subtitle B of the Internal Rev- ‘‘(I) on 1 or more days in such taxable year for other purposes; which was ordered to lie on the table; as follows: enue Code of 1986 is amended by adding at and before the day on which the election was the end the following new section: made the corporation did not meet the re- At the end, add the following: quirements of subsection (b) of section 1361, SEC. ll. ELECTION FOR SMALL BUSINESSES TO ‘‘SEC. 2210. TERMINATION. or EXPENSE DEPRECIABLE PROPERTY. ‘‘(a) IN GENERAL.—Except as provided in ‘‘(II) 1 or more of the persons who held (a) IN GENERAL.—Part VI of subchapter B subsection (b), this chapter shall not apply stock in the corporation during such taxable of chapter 1 of the Internal Revenue Code of to the estates of decedents dying on or after year and before the election was made did 1986 is amended by inserting after section the date of the enactment of the Death Tax not consent to the election, 179E the following new section: Repeal Permanency Act of 2012. ‘‘SEC. 179F. ELECTION FOR SMALL BUSINESSES ‘‘(b) CERTAIN DISTRIBUTIONS FROM QUALI- then such election shall be treated as made TO EXPENSE CERTAIN DEPRE- FIED DOMESTIC TRUSTS.—In applying section for the following taxable year. CIABLE PROPERTY. ‘‘(C) ELECTION MADE AFTER 1ST 21⁄2 MONTHS ‘‘(a) IN GENERAL.—An eligible small busi- 2056A with respect to the surviving spouse of TREATED AS MADE FOR FOLLOWING TAXABLE ness may elect to treat the cost of any quali- a decedent dying before the date of the en- YEAR.—If— fied property as an expense which is not actment of the Death Tax Repeal Perma- ‘‘(i) a small business corporation makes an chargeable to a capital account. nency Act of 2012— election under subsection (a) for any taxable ‘‘(b) ELIGIBLE SMALL BUSINESS.—For pur- ‘‘(1) section 2056A(b)(1)(A) shall not apply year, and poses of this section— to distributions made after the 10-year pe- ‘‘(ii) such election is made after the 15th ‘‘(1) IN GENERAL.—The term ‘eligible small riod beginning on such date, and day of the 3d month of the taxable year and business’ means, with respect to any taxable ‘‘(2) section 2056A(b)(1)(B) shall not apply on or before the 15th day of the 3rd month of year, any trade or business the net profit of on or after such date.’’. the following taxable year, which does not exceed $1,000,000. (b) GENERATION-SKIPPING TRANSFER TAX then such election shall be treated as made ‘‘(2) NET PROFIT.—The term ‘net profit’ REPEAL.—Subchapter G of chapter 13 of sub- for the following taxable year. means the excess of the aggregate gross re- title B of the Internal Revenue Code of 1986 ‘‘(D) TAXABLE YEARS OF 21⁄2 MONTHS OR ceipts over the sum of— is amended by adding at the end the fol- LESS.—For purposes of this paragraph, an ‘‘(A) the costs of goods sold which are allo- lowing new section: election for a taxable year made not later cable to such receipts, and ‘‘SEC. 2664. TERMINATION. ‘‘(B) other expenses, losses, or deductions than 2 months and 15 days after the first day ‘‘This chapter shall not apply to genera- which are properly allocable to such re- of the taxable year shall be treated as timely tion-skipping transfers on or after the date ceipts. made during such year. of the enactment of the Death Tax Repeal ‘‘(3) AGGREGATION RULES.—All persons ‘‘(3) AUTHORITY TO TREAT LATE ELECTIONS, Permanency Act of 2012.’’. ETC., AS TIMELY.—If— treated as a single employer under sub- (c) CONFORMING AMENDMENTS.— ‘‘(A) an election under subsection (a) is section (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a (1) The table of sections for subchapter C of made for any taxable year after the date pre- chapter 11 of the Internal Revenue Code of scribed by this subsection for making such single trade or business for purposes of this subsection. 1986 is amended by adding at the end the fol- election for such taxable year or no such lowing new item: election is made for any taxable year, and ‘‘(c) ELECTION.—An election under this sec- ‘‘(B) the Secretary determines that there tion for any taxable year shall be made on ‘‘Sec. 2210. Termination.’’. the taxpayer’s return of the tax imposed by was reasonable cause for the failure to time- (2) The table of sections for subchapter G this chapter for the taxable year. Such elec- ly make such election, of chapter 13 of such Code is amended by add- tion shall be made in such manner as the ing at the end the following new item: the Secretary may treat such an election as Secretary may by regulation prescribe. timely made for such taxable year. ‘‘(d) DEFINITIONS AND SPECIAL RULES.— ‘‘Sec. 2664. Termination.’’. ‘‘(4) MANNER OF ELECTION.—Elections may ‘‘(1) QUALIFIED PROPERTY.—For purposes of (d) RESTORATION OF PRE-EGTRRA PROVI- be made at any time as provided in this sub- this section, the term ‘qualified property’ SIONS NOT APPLICABLE.— section by filing a form prescribed by the means any property which is section 179 (1) IN GENERAL.—Section 301 of the Tax Re- Secretary. For purposes of any election de- property as defined in section 179(d)(1), de- lief, Unemployment Insurance Reauthoriza- scribed under paragraph (1), the Secretary termined— tion, and Job Creation Act of 2010 shall not

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apply to estates of decedents dying, and made, on or after the date of the enactment ‘‘(1) IN GENERAL.—The tax imposed by sec- transfers made, on or after the date of the of this Act. tion 2501 for each calendar year shall be an enactment of this Act. (2) Section 304 of the Tax Relief, Unem- amount equal to the excess of— (2) EXCEPTION FOR STEPPED-UP BASIS.— ployment Insurance Reauthorization, and ‘‘(A) a tentative tax, computed under para- Paragraph (1) shall not apply to the provi- Job Creation Act of 2010 is hereby repealed. graph (2), on the aggregate sum of the tax- sions of law amended by subtitle E of title V (f) EFFECTIVE DATE.—The amendments able gifts for such calendar year and for each of the Economic Growth and Tax Relief Rec- made by this section shall apply to the es- of the preceding calendar periods, over tates of decedents dying, and generation- onciliation Act of 2001 (relating to carryover ‘‘(B) a tentative tax, computed under para- basis at death; other changes taking effect skipping transfers, after the date of the en- graph (2), on the aggregate sum of the tax- with repeal). actment of this Act. able gifts for each of the preceding calendar (e) SUNSET NOT APPLICABLE.— SEC. ll3. MODIFICATIONS OF GIFT TAX. periods. (1) Section 901 of the Economic Growth and (a) COMPUTATION OF GIFT TAX.—Subsection Tax Relief Reconciliation Act of 2001 shall (a) of section 2502 of the Internal Revenue ‘‘(2) RATE SCHEDULE.— not apply to title V of such Act in the case Code of 1986 is amended to read as follows: of estates of decedents dying, and transfers ‘‘(a) COMPUTATION OF TAX.—

‘‘If the amount with respect to which the tentative tax to be computed is: ...... The tentative tax is: Not over $10,000 ...... 18% of such amount. Over $10,000 but not over $20,000 ...... $1,800, plus 20% of the ex- cess over $10,000. Over $20,000 but not over $40,000 ...... $3,800, plus 22% of the ex- cess over $20,000. Over $40,000 but not over $60,000 ...... $8,200, plus 24% of the ex- cess over $40,000. Over $60,000 but not over $80,000 ...... $13,000, plus 26% of the excess over $60,000. Over $80,000 but not over $100,000 ...... $18,200, plus 28% of the excess over $80,000. Over $100,000 but not over $150,000 ...... $23,800, plus 30% of the excess over $100,000. Over $150,000 but not over $250,000 ...... $38,800, plus 32% of the excess of $150,000. Over $250,000 but not over $500,000 ...... $70,800, plus 34% of the excess over $250,000. Over $500,000 ...... $155,800, plus 35% of the excess of $500,000.’’. (b) TREATMENT OF CERTAIN TRANSFERS IN SA 2519. Mr. WHITEHOUSE (for him- (1) by redesignating subparagraphs (O) and TRUST.—Section 2511 of the Internal Revenue self and Mr. GRASSLEY) submitted an (P) as subparagraphs (P) and (Q), respec- Code of 1986 is amended by adding at the end amendment intended to be proposed by tively; and the following new subsection: (2) by inserting after subparagraph (N) the ‘‘(c) TREATMENT OF CERTAIN TRANSFERS IN him to the bill S. 2237, to provide a temporary income tax credit for in- following: TRUST.—Notwithstanding any other provi- ‘‘(O) failure of a small business debtor to sion of this section and except as provided in creased payroll and extend bonus de- designate itself as a small business debtor;’’. regulations, a transfer in trust shall be preciation for an additional year, and treated as a taxable gift under section 2503, for other purposes; as follows: SEC. ll06. REPORT. unless the trust is treated as wholly owned At the end, add the following: Not later than 12 months after the date of by the donor or the donor’s spouse under sub- part E of part I of subchapter J of chapter TITLE ll—SMALL BUSINESS REORGA- enactment of this Act, the Comptroller Gen- 1.’’. NIZATION EFFICIENCY AND CLARITY eral of the United States, in consultation (c) LIFETIME GIFT EXEMPTION.—Paragraph SEC. ll01 SHORT TITLE. with the Administrative Office of United (1) of section 2505(a) of the Internal Revenue This title may be cited as the ‘‘Small Busi- States Courts and the Executive Office of Code of 1986 is amended to read as follows: ness Reorganization Efficiency and Clarity United States Trustees, shall submit a re- ‘‘(1) the amount of the tentative tax which Act’’. port to Congress detailing— would be determined under the rate schedule SEC. ll02. FLEXIBILITY IN CONFIRMATION. (1) the number and percentage of all cases set forth in section 2502(a)(2) if the amount Section 1129(e) of title 11, United States filed under chapter 11 of title 11, United with respect to which such tentative tax is Code, is amended by striking ‘‘45 days’’ and States Code, in which the debtor is a small to be computed were $5,000,000, reduced by’’. inserting ‘‘90 days’’. business debtor, as that term is defined in (d) CONFORMING AMENDMENTS.— section 101(51D) of title 11, United States (1) Section 2505(a) of the Internal Revenue SEC. ll03. CLARITY IN PERIODIC REPORTING Code; Code of 1986 is amended by striking the last REQUIREMENTS. (2) the number of cases and rates of con- sentence. Section 308(b) of title 11, United States (2) The heading for section 2505 of such Code, is amended— firmations for small business debtors in cases filed under chapter 11 of title 11, Code is amended by striking ‘‘UNIFIED’’. (1) in paragraph (4), by adding ‘‘and’’ at the (3) The item in the table of sections for end; United States Code, as compared with— subchapter A of chapter 12 of such Code re- (2) in paragraph (5), by striking ‘‘; and’’ at (A) all debtors in cases filed under that lating to section 2505 is amended to read as the end and inserting a period; and chapter 11; follows: (3) by striking paragraph (6). (B) all debtors in cases filed under that chapter 11 that are not small business debt- ‘‘Sec. 2505. Credit against gift tax.’’. SEC. ll04. RETAINING PROFESSIONAL SERV- (e) EFFECTIVE DATE.—The amendments ICES. ors; made by this section shall apply to gifts (a) IN GENERAL.—Section 327 of title 11, (C) debtors in cases filed under that chap- made on or after the date of the enactment United States Code, is amended by adding at ter 11 that— of this Act. the end the following: (i) are not small business debtors; and (f) TRANSITION RULE.— ‘‘(g) Notwithstanding subsection (a), a per- (ii) have less than $5,000,000 in debt; (1) IN GENERAL.—For purposes of applying son is not disqualified for employment under (D) debtors in cases filed under that chap- sections 1015(d), 2502, and 2505 of the Internal this section by a small business debtor solely ter 11 that— Revenue Code of 1986, the calendar year in because such person holds a claim of less (i) are not small business debtors; and which this title is enacted shall be treated as than $5,000 that arose prior to the date of (ii) have less than $10,000,000 in debt; 2 separate calendar years one of which ends commencement of the case.’’. (E) debtors in cases filed under chapter 12 on the day before the date of the enactment (b) ADJUSTMENTS TO DOLLAR AMOUNT.— of title 11, United States Code; and of this Act and the other of which begins on Section 104 of title 11, United States Code, is (F) debtors in cases filed under that chap- such date of enactment. amended by inserting ‘‘327(g),’’ after ter 13 that are business cases; (2) APPLICATION OF SECTION 2504(b).—For ‘‘303(b),’’. (3) the number of cases filed under chapter purposes of applying section 2504(b) of the In- SEC. ll05. ENFORCEMENT OF SMALL BUSINESS 11 of title 11, United States Code, in which ternal Revenue Code of 1986, the calendar SELECTION. the debtor has less than $2,343,300 in debt year in which this title is enacted shall be Section 1112(b)(4) of title 11, United States outstanding, but does not designate itself a treated as one preceding calendar period. Code, is amended— small business debtor;

VerDate Mar 15 2010 04:36 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A11JY6.032 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4900 CONGRESSIONAL RECORD — SENATE July 11, 2012 (4) recommendations for improving the under section 3231 of such Code for purposes ices described in subsection (d)(2)(B) for any confirmation rate for small business debtors; of the portion of the tax imposed by section taxable year— and 3221(a) of such Code that corresponds to the (i) shall be treated as a credit allowed (5) an analysis on whether the definition of tax imposed by section 3111(a) of such Code. under subpart C of part IV of subchapter A of the term ‘‘small business debtor’’ should be (3) APPLICATION OF CONTRIBUTION AND BEN- chapter 1 of such Code, and amended to include businesses with— EFIT BASE TO CALENDAR YEAR 2011.—For pur- (ii) shall be added to the credits described (A) less than $5,000,000 in debt; and poses of determining wages and compensa- in subparagraph (A) of section 6211(b)(4) of (B) less than $10,000,000 in debt. tion under subsection (a)(2), the contribution such Code. and benefit base as determined under section (B) CONFORMING AMENDMENT.—Section SA 2520. Mr. BENNET (for himself, 230 of the Social Security Act shall be such 1324(b)(2) of title 31, United States Code, is Mr. MORAN, Mr. UDALL of Colorado, and amount as in effect for calendar year 2012. amended by inserting ‘‘or due under section Mr. TESTER) submitted an amendment (4) SPECIAL RULE WHEN NO WAGES OR COM- 2 of the Small Business Jobs and Tax Relief PENSATION IN 2011.—In any case in which the intended to be proposed by him to the Act’’ after ‘‘the Housing Assistance Tax Act sum of the wages and compensation paid by of 2008’’. bill S. 2237, to provide a temporary in- a qualified employer for qualified services come tax credit for increased payroll during calendar year 2011 is zero, then the (g) TREATMENT OF POSSESSIONS.— and extend bonus depreciation for an amount taken into account under subsection (1) PAYMENTS TO POSSESSIONS.— additional year, and for other purposes; (a)(2) shall be 80 percent of the amount taken (A) MIRROR CODE POSSESSIONS.—The Sec- as follows: into account under subsection (a)(1). retary shall pay to each possession of the At the end, add the following: (5) COORDINATION WITH OTHER EMPLOYMENT United States with a mirror code tax system CREDITS.—The amount of the excess taken amounts equal to the loss to that possession SEC. ll. EXTENSION OF CREDITS FOR WIND FA- CILITIES. into account under subsection (a) shall be re- by reason of the application of subsections duced by the sum of all other Federal tax (a) PRODUCTION TAX CREDIT.—Paragraph (1) (a) through (f). Such amounts shall be deter- of section 45(d) of the Internal Revenue Code credits determined with respect to wages or mined by the Secretary based on information of 1986 is amended by striking ‘‘January 1, compensation paid in calendar year 2012. provided by the government of the respective (d) OTHER DEFINITIONS.— 2013’’ and inserting ‘‘January 1, 2015’’. possession of the United States. (1) QUALIFIED EMPLOYER.—For purposes of (b) INVESTMENT TAX CREDIT.—Clause (i) of (B) OTHER POSSESSIONS.—The Secretary this section— section 48(a)(5)(C) of the Internal Revenue shall pay to each possession of the United (A) IN GENERAL.—The term ‘‘qualified em- Code of 1986 is amended by striking ‘‘or 2012’’ States which does not have a mirror code tax ployer’’ has the meaning given such term and inserting ‘‘2012, 2013, or 2014’’. system the amount estimated by the Sec- under section 3111(d)(2) of the Internal Rev- (c) EFFECTIVE DATE.—The amendments retary as being equal to the loss to that pos- made by this section shall apply to facilities enue Code of 1986, determined by sub- session that would have occurred by reason placed in service after December 31, 2012. stituting ‘‘section 101 of the Higher Edu- of the application of subsections (a) through cation Act of 1965’’ for ‘‘section 101(b) of the SEC. ll. DELAY IN APPLICATION OF WORLD- (f) if a mirror code tax system had been in ef- Higher Education Act of 1965’’ in subpara- WIDE INTEREST. fect in such possession. The preceding sen- graph (B) thereof. (a) IN GENERAL.—Paragraphs (5)(D) and (6) tence shall not apply with respect to any of section 864(f) of the Internal Revenue Code (B) AGGREGATION RULES.—Rules similar to possession of the United States unless such of 1986 are each amended by striking ‘‘De- the rules of sections 414(b), 414(c), 414(m), and possession establishes to the satisfaction of cember 31, 2020’’ and inserting ‘‘December 31, 414(o) of such Code shall apply to determine the Secretary that the possession has imple- when multiple entities shall be treated as a 2022’’. mented (or, at the discretion of the Sec- single employer, and rules with respect to (b) EFFECTIVE DATE.—The amendments retary, will implement) an income tax ben- predecessor and successor employers may be made by this section shall take effect on the efit which is substantially equivalent to the applied, in such manner as may be prescribed date of the enactment of this Act. income tax credit allowed under such sub- by the Secretary of the Treasury or the Sec- sections. retary’s designee (in this section referred to SA 2521. Mr. REID (for Ms. LANDRIEU) (2) COORDINATION WITH CREDIT ALLOWED as the ‘‘Secretary’’). proposed an amendment to the bill S. AGAINST UNITED STATES INCOME TAXES.—No (2) QUALIFIED SERVICES.—The term ‘‘quali- increase in the credit determined under sec- 2237, to provide a temporary income fied services’’ means services performed by tion 38(b) of the Internal Revenue Code of tax credit for increased payroll and ex- an individual who is not described in section 1986 against United States income taxes for tend bonus depreciation for an addi- 51(i)(1) of such Code (applied by substituting tional year, and for other purposes; as ‘‘qualified employer’’ for ‘‘taxpayer’’ each any taxable year determined by reason of follows: place it appears)— subsection (f)(1)(A) shall be taken into ac- (A) in a trade or business of the qualified count with respect to any person— Strike all after the enacting clause and in- (A) to whom a credit is allowed against sert the following: employer, or (B) in the case of a qualified employer ex- taxes imposed by the possession by reason of DIVISION A—SMALL BUSINESS JOBS AND empt from tax under section 501(a) of such this section for such taxable year, or TAX RELIEF Code, in furtherance of the activities related (B) who is eligible for a payment under a SECTION 1. SHORT TITLE. to the purpose or function constituting the plan described in paragraph (1)(B) with re- This division may be cited as the ‘‘Small basis of the employer’s exemption under sec- spect to such taxable year. Business Jobs and Tax Relief Act’’. tion 501 of such Code. (3) DEFINITIONS AND SPECIAL RULES.— SEC. 2. TEMPORARY TAX CREDIT FOR IN- (e) APPLICATION OF CERTAIN RULES.—Rules (A) POSSESSION OF THE UNITED STATES.—For CREASED PAYROLL. similar to the rules of sections 280C(a) and purposes of this subsection, the term ‘‘pos- (a) IN GENERAL.—In the case of a qualified 6501(m) of the Internal Revenue Code of 1986 session of the United States’’ includes Amer- employer who elects the application of this shall apply with respect to the credit deter- ican Samoa, Guam, the Commonwealth of section, there shall be allowed as a credit mined under this section. the Northern Mariana Islands, the Common- against the tax imposed by chapter 1 of the (f) TREATMENT OF CREDIT.—For purposes of wealth of Puerto Rico, and the United States Internal Revenue Code of 1986 for the taxable the Internal Revenue Code of 1986— Virgin Islands. year which includes December 31, 2012, an (1) TAXABLE EMPLOYERS.— (B) MIRROR CODE TAX SYSTEM.—For pur- amount equal to 10 percent of the excess (if (A) IN GENERAL.—The credit allowed under poses of this subsection, the term ‘‘mirror any) of— subsection (a) with respect to qualified serv- code tax system’’ means, with respect to any (1) the sum of the wages and compensation ices described in subsection (d)(2)(A) for any possession of the United States, the income paid by such qualified employer for qualified taxable year shall be added to the current tax system of such possession if the income services during calendar year 2012, over year business credit under section 38(b) of tax liability of the residents of such posses- (2) the sum of such wages and compensa- such Code for such taxable year and shall be sion under such system is determined by ref- tion paid during calendar year 2011. treated as a credit allowed under subpart D erence to the income tax laws of the United (b) LIMITATION.—The amount of the excess of part IV of subchapter A of chapter 1 of States as if such possession were the United taken into account under subsection (a) with such Code. States. respect to any qualified employer shall not (B) LIMITATION ON CARRYBACKS.—No por- (C) TREATMENT OF PAYMENTS.—For pur- exceed $5,000,000. tion of the unused business credit under sec- poses of section 1324(b)(2) of title 31, United (c) WAGES AND COMPENSATION.—For pur- tion 38 of such Code for any taxable year States Code, the payments under this sub- poses of this section— which is attributable to an increase in the section shall be treated in the same manner (1) WAGES.—The term ‘‘wages’’ has the current year business credit by reason of as a refund due from credit provisions de- meaning given such term under section 3121 subparagraph (A) may be carried to a taxable scribed in such section. of the Internal Revenue Code of 1986 for pur- year beginning before the date of the enact- poses of the tax imposed by section 3111(a) of ment of this section. (h) REGULATIONS.—The Secretary shall pre- such Code. (2) TAX-EXEMPT EMPLOYERS.— scribe such regulations or guidance as are (2) COMPENSATION.—The term ‘‘compensa- (A) IN GENERAL.—The credit allowed under necessary to carry out the provisions of this tion’’ has the meaning given such term subsection (a) with respect to qualified serv- section.

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EXTENSION OF ALLOWANCE FOR BONUS mined with respect to property placed in 2012, and ending after December 31, 2011, the DEPRECIATION FOR CERTAIN BUSI- service by the taxpayer on or before such bonus depreciation amount determined NESS ASSETS. date), or under paragraph (4) of section 168(k) of the (a) EXTENSION OF 100 PERCENT BONUS DE- ‘‘(II) the minimum tax credit under section Internal Revenue Code of 1986 for such year PRECIATION.— 53(b) for such taxable year determined by shall be the sum of— (1) IN GENERAL.—Paragraph (5) of section taking into account only the adjusted min- (A) such amount determined under such 168(k) of the Internal Revenue Code of 1986 is imum tax for taxable years ending before paragraph as in effect on the date before the amended— January 1, 2012 (determined by treating cred- date of enactment of this Act— (A) by striking ‘‘January 1, 2012’’ each its as allowed on a first-in, first-out basis). (i) taking into account only property place it appears and inserting ‘‘January 1, ‘‘(iii) AGGREGATION RULE.—All corporations placed in service before January 1, 2012, and 2013’’, and which are treated as a single employer under (ii) multiplying the limitation under sub- (B) by striking ‘‘January 1, 2013’’ and in- section 52(a) shall be treated— paragraph (C)(ii) of such paragraph (as so in serting ‘‘January 1, 2014’’. ‘‘(I) as 1 taxpayer for purposes of this para- effect) by a fraction the numerator of which (2) CONFORMING AMENDMENTS.— graph, and is the number of days in the taxable year be- (A) The heading for paragraph (5) of sec- ‘‘(II) as having elected the application of fore January 1, 2012, and the denominator of tion 168(k) of such Code is amended by strik- this paragraph if any such corporation so which is the number of days in the taxable ing ‘‘PRE-2012 PERIODS’’ and inserting ‘‘PRE-2013 elects. year, and PERIODS’’. ‘‘(C) ELIGIBLE QUALIFIED PROPERTY.—For (B) such amount determined under such (B) Clause (ii) of section 460(c)(6)(B) of such purposes of this paragraph, the term ‘eligible Code is amended by striking ‘‘January 1, 2011 paragraph as amended by this Act— qualified property’ means qualified property (i) taking into account only property (January 1, 2012’’ and inserting ‘‘January 1, under paragraph (2), except that in applying 2013 (January 1, 2014’’. placed in service after December 31, 2011, and paragraph (2) for purposes of this para- (ii) multiplying the limitation under sub- (3) EFFECTIVE DATES.— graph— (A) IN GENERAL.—Except as provided in paragraph (B)(ii) of such paragraph (as so in ‘‘(i) ‘March 31, 2008’ shall be substituted for effect) by a fraction the numerator of which subparagraph (B), the amendments made by ‘December 31, 2007’ each place it appears in this section shall apply to property placed in is the number of days in the taxable year subparagraph (A) and clauses (i) and (ii) of after December 31, 2011, and the denominator service after December 31, 2011. subparagraph (E) thereof, (B) CONFORMING AMENDMENT.—The amend- of which is the number of days in the taxable ‘‘(ii) ‘April 1, 2008’ shall be substituted for year. ment made by paragraph (2)(B) shall apply to ‘January 1, 2008’ in subparagraph (A)(iii)(I) property placed in service after December 31, thereof, and DIVISION B—SUCCESS ACT OF 2012 2010. ‘‘(iii) only adjusted basis attributable to SEC. 1. SHORT TITLE. (b) EXPANSION OF ELECTION TO ACCELERATE manufacture, construction, or production— This division may be cited as the ‘‘Success AMT CREDITS IN LIEU OF BONUS DEPRECIA- ‘‘(I) after March 31, 2008, and before Janu- Ultimately Comes from Capital, Con- TION.— ary 1, 2010, and tracting, Education, Strategic Partnerships, (1) IN GENERAL.—Paragraph (4) of section ‘‘(II) after December 31, 2010, and before and Smart Regulations Act of 2012’’ or the 168(k) of the Internal Revenue Code of 1986 is January 1, 2013, shall be taken into account ‘‘SUCCESS Act of 2012’’. amended to read as follows: under subparagraph (B)(ii) thereof. SEC. 2. TABLE OF CONTENTS. ‘‘(4) ELECTION TO ACCELERATE AMT CREDITS ‘‘(D) CREDIT REFUNDABLE.—For purposes of The table of contents for this division is as IN LIEU OF BONUS DEPRECIATION.— section 6401(b), the aggregate increase in the ‘‘(A) IN GENERAL.—If a corporation elects follows: credits allowable under part IV of subchapter to have this paragraph apply for any taxable DIVISION B—SUCCESS ACT OF 2012 A for any taxable year resulting from the ap- year— plication of this paragraph shall be treated Sec. 1. Short title. ‘‘(i) paragraph (1) shall not apply to any el- as allowed under subpart C of such part (and Sec. 2. Table of contents. igible qualified property placed in service by not any other subpart). TITLE I—SMALL BUSINESS TAX the taxpayer in such taxable year, ‘‘(E) OTHER RULES.— EXTENDERS ‘‘(ii) the applicable depreciation method ‘‘(i) ELECTION.—Any election under this Sec. 101. References. used under this section with respect to such paragraph may be revoked only with the Sec. 102. Extension of temporary exclusion property shall be the straight line method, consent of the Secretary. of 100 percent of gain on certain and ‘‘(ii) PARTNERSHIPS WITH ELECTING PART- small business stock. ‘‘(iii) the limitation imposed by section NERS.—In the case of a corporation making Sec. 103. Extension of increased amount al- 53(c) for such taxable year shall be increased an election under subparagraph (A) and lowed as a deduction for start- by the bonus depreciation amount which is which is a partner in a partnership, for pur- up expenditures. determined for such taxable year under sub- poses of determining such corporation’s dis- Sec. 104. Extension of reduction in recogni- paragraph (B). tributive share of partnership items under tion period for built-in gains ‘‘(B) BONUS DEPRECIATION AMOUNT.—For section 702— tax. purposes of this paragraph— ‘‘(I) paragraph (1) shall not apply to any el- Sec. 105. Extension of 5-year carryback of ‘‘(i) IN GENERAL.—The bonus depreciation igible qualified property, and general business credits of eli- amount for any taxable year is an amount ‘‘(II) the applicable depreciation method gible small businesses. equal to 20 percent of the excess (if any) of— used under this section with respect to such Sec. 106. Extension of increased expensing ‘‘(I) the aggregate amount of depreciation property shall be the straight line method. limitations and treatment of which would be allowed under this section ‘‘(iii) CERTAIN PARTNERSHIPS.—In the case certain real property as section for eligible qualified property placed in serv- of a partnership in which more than 50 per- 179 property. ice by the taxpayer during such taxable year cent of the capital and profits interests are TITLE II—ACCESS TO CAPITAL if paragraph (1) applied to all such property, owned (directly or indirectly) at all times over during the taxable year by one corporation Subtitle A—Expanding Access to Capital for ‘‘(II) the aggregate amount of depreciation (or by corporations treated as 1 taxpayer Entrepreneurial Leaders which would be allowed under this section under subparagraph (B)(iii)), for purposes of Sec. 211. Short title. for eligible qualified property placed in serv- subparagraph (B), each partner shall take Sec. 212. Program authorization. ice by the taxpayer during such taxable year into account its distributive share of the Sec. 213. Family of funds. if paragraph (1) did not apply to any such amounts determined by the partnership Sec. 214. Adjustment for inflation. property. under subclauses (I) and (II) of clause (i) of Sec. 215. Public availability of information. The aggregate amounts determined under such subparagraph for the taxable year of Sec. 216. Authorized uses of licensing fees. subclauses (I) and (II) shall be determined the partnership ending with or within the Sec. 217. Sense of Congress. without regard to any election made under taxable year of the partner. The preceding Subtitle B—Low-Interest Refinancing subsection (b)(2)(D), (b)(3)(D), or (g)(7) and sentence shall apply only to amounts deter- Sec. 221. Low-interest refinancing under the without regard to subparagraph (A)(ii). mined with respect to property placed in local development business loan ‘‘(ii) LIMITATION.—The bonus depreciation service after December 31, 2011. program. amount for any taxable year shall not exceed ‘‘(iv) SPECIAL RULE FOR PASSENGER AIR- Subtitle C—SBA Lender Activity Index the lesser of— CRAFT.—In the case of any passenger air- ‘‘(I) 50 percent of the minimum tax credit craft, the written binding contract limita- Sec. 231. SBA lender activity index. under section 53(b) for the first taxable year tion under paragraph (2)(A)(iii)(I) shall not TITLE III—ACCESS TO GLOBAL MARKETS ending after December 31, 2011, reduced (but apply for purposes of subparagraphs (B)(i)(I) Sec. 301. Short title. not below zero) by the sum of the bonus de- and (C).’’. Sec. 302. Report on improvements to Ex- preciation amounts for all taxable years end- (2) EFFECTIVE DATE.—The amendment port.gov as a single window for ing after such date for which an election made by this subsection shall apply to tax- export information. under this paragraph was made which pre- able years ending after December 31, 2011. Sec. 303. Report on developing a single win- cede the taxable year for which the deter- (3) TRANSITIONAL RULE.—In the case of a dow for information about ex- mination is made (other than amounts deter- taxable year beginning before January 1, port control compliance.

VerDate Mar 15 2010 02:58 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0655 E:\CR\FM\A11JY6.036 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4902 CONGRESSIONAL RECORD — SENATE July 11, 2012 Sec. 304. Promotion of exporting. Sec. 612. Sense of Congress. ginning in 2012 or 2013, subparagraphs (A) and Sec. 305. Export control education. Sec. 613. Executive Committee On a Small (D) shall be applied by substituting ‘5-year’ Sec. 306. Small Business Inter-Agency Task Business Common Application. for ‘10-year’.’’. Force on Export Financing. Sec. 614. Authorization of appropriations. (b) TECHNICAL AMENDMENT.—Subparagraph Sec. 307. Promotion of exports by rural Subtitle B—Government Accountability (B) of section 1374(d)(2) is amended by insert- small businesses. Office Review ing ‘‘described in subparagraph (A)’’ after ‘‘, Sec. 308. Registry of export management for any taxable year’’. and export trading companies. Sec. 621. Government Accountability Office review. (c) EFFECTIVE DATE.—The amendments Sec. 309. Reverse trade missions. made by subsection (a) shall apply to taxable Sec. 310. State Trade and Export Promotion TITLE I—SMALL BUSINESS TAX years beginning after December 31, 2011. Grant Program. EXTENDERS SEC. 105. EXTENSION OF 5-YEAR CARRYBACK OF Sec. 311. Promotion of interagency details. SEC. 101. REFERENCES. Sec. 312. Annual export strategy. GENERAL BUSINESS CREDITS OF EL- Except as otherwise expressly provided, IGIBLE SMALL BUSINESSES. TITLE IV—ACCESS TO MENTORING, EDU- whenever in this title an amendment or re- (a) IN GENERAL.—Subparagraph (A) of sec- CATION, AND STRATEGIC PARTNER- peal is expressed in terms of an amendment tion 39(a)(4) is amended by inserting ‘‘or in SHIPS to, or repeal of, a section or other provision, taxable years beginning in 2012, or 2013’’ Subtitle A—Measuring the Effectiveness of the reference shall be considered to be made after ‘‘2010’’. Resource Partners to a section or other provision of the Inter- (b) TECHNICAL AMENDMENT.—Section Sec. 411. Expanding entrepreneurship. nal Revenue Code of 1986. 38(c)(5)(B) is amended— Subtitle B—Women’s Small Business SEC. 102. EXTENSION OF TEMPORARY EXCLU- (1) by striking ‘‘the sum of’’, and Ownership SION OF 100 PERCENT OF GAIN ON (2) by inserting ‘‘for any taxable year to CERTAIN SMALL BUSINESS STOCK. Sec. 421. Short title. which subparagraph (A) applies’’ after ‘‘or (a) IN GENERAL.—Paragraph (4) of section Sec. 422. Definition. (4)’’. Sec. 423. Office of Women’s Business Owner- 1202(a) is amended— (c) EFFECTIVE DATE.— ship. (1) by striking ‘‘January 1, 2012’’ and in- (1) IN GENERAL.—The amendment made by Sec. 424. Women’s Business Center Program. serting ‘‘January 1, 2014’’, and subsection (a) shall apply to credits deter- Sec. 425. Study and report on economic (2) by striking ‘‘AND 2011’’ and inserting ‘‘, mined in taxable years beginning after De- issues facing women’s business 2011, 2012, AND 2013’’ in the heading thereof. cember 31, 2011. centers. (b) TECHNICAL AMENDMENTS.— (2) TECHNICAL AMENDMENTS.—The amend- Sec. 426. Study and report on oversight of (1) SPECIAL RULE FOR 2009 AND CERTAIN PE- ments made by subsection (b) shall take ef- women’s business centers. RIOD IN 2010.—Paragraph (3) of section 1202(a) fect as if included in section 2013(a) of the Subtitle C—Strengthening America’s Small is amended by adding at the end the fol- Creating Small Business Jobs Act of 2010. lowing new flush sentence: Business Development Centers SEC. 106. EXTENSION OF INCREASED EXPENSING Sec. 431. Institutions of higher education. ‘‘In the case of any stock which would be de- LIMITATIONS AND TREATMENT OF Sec. 432. Updating funding levels for small scribed in the preceding sentence (but for CERTAIN REAL PROPERTY AS SEC- business development centers. this sentence), the acquisition date for pur- TION 179 PROPERTY. Sec. 433. Assistance to out-of-state small poses of this subsection shall be the first day (a) IN GENERAL.— businesses. on which such stock was held by the tax- (1) DOLLAR LIMITATION.—Section 179(b)(1) is Sec. 434. Termination of small business de- payer determined after the application of amended— velopment center defense eco- section 1223.’’. (A) by striking ‘‘and’’ at the end of sub- nomic transition assistance. (2) 100 PERCENT EXCLUSION.—Paragraph (4) paragraph (C), Sec. 435. National Small Business Develop- of section 1202(a) is amended by adding at (B) by redesignating subparagraph (D) as ment Center Advisory Board. the end the following new flush sentence: subparagraph (E), Sec. 436. Repeal of Paul D. Coverdell drug- ‘‘In the case of any stock which would be de- (C) by inserting after subparagraph (C) the free workplace program. scribed in the preceding sentence (but for following new subparagraph: Subtitle D—Terminating the National this sentence), the acquisition date for pur- ‘‘(D) $500,000 in the case of taxable years Veterans Business Development Corporation poses of this subsection shall be the first day beginning in 2013, and’’, and Sec. 441. National Veterans Business Devel- on which such stock was held by the tax- (D) in subparagraph (E), as so redesignated, opment Corporation. payer determined after the application of by striking ‘‘2012’’ and inserting ‘‘2013’’. section 1223.’’. (2) REDUCTION IN LIMITATION.—Section TITLE V—ACCESS TO GOVERNMENT 179(b)(2) is amended— CONTRACTING (c) EFFECTIVE DATES.— (1) IN GENERAL.—The amendments made by (A) by striking ‘‘and’’ at the end of sub- Subtitle A—Bonds subsection (a) shall apply to stock acquired paragraph (C), Sec. 511. Removal of sunset dates for certain after December 31, 2011. (B) by redesignating subparagraph (D) as provisions of the Small Busi- (2) SUBSECTION (b)(1).—The amendment subparagraph (E), ness Investment Act of 1958. made by subsection (b)(1) shall take effect as (C) by inserting after subparagraph (C) the Subtitle B—Small Business Contracting if included in section 1241(a) of division B of following new subparagraph: Fraud Prevention the American Recovery and Reinvestment ‘‘(D) $2,000,000 in the case of taxable years Sec. 521. Short title. Act of 2009. beginning in 2013, and’’, and Sec. 522. Definitions. (3) SUBSECTION (b)(2).—The amendment (D) in subparagraph (E), as so redesignated, Sec. 523. Fraud deterrence at the Small made by subsection (b)(2) shall take effect as by striking ‘‘2012’’ and inserting ‘‘2013’’. Business Administration. if included in section 2011(a) of the Creating (b) COMPUTER SOFTWARE.—Section Sec. 524. Veterans integrity in contracting. Small Business Jobs Act of 2010. 179(d)(1)(A)(ii) is amended by striking ‘‘2013’’ Sec. 525. Section 8(a) program improve- SEC. 103. EXTENSION OF INCREASED AMOUNT AL- and inserting ‘‘2014’’. ments. LOWED AS A DEDUCTION FOR (c) ELECTION.—Section 179(c)(2) is amended Sec. 526. HUBZone improvements. START-UP EXPENDITURES. by striking ‘‘2013’’ and inserting ‘‘2014’’. Sec. 527. Annual report on suspension, de- (a) IN GENERAL.—Paragraph (3) of section (d) SPECIAL RULES FOR TREATMENT OF barment, and prosecution. 195(b) is amended— QUALIFIED REAL PROPERTY.— Subtitle C—Fairness in Women-Owned Small (1) by inserting ‘‘, 2012, or 2013’’ after (1) IN GENERAL.—Section 179(f)(1) is amend- Business Contracting ‘‘2010’’, and ed by striking ‘‘2010 or 2011’’ and inserting Sec. 531. Short title. (2) by inserting ‘‘2012, AND 2013’’ in the head- ‘‘2010, 2011, or 2013’’. Sec. 532. Procurement program for women- ing thereof. (2) CARRYOVER LIMITATION.—Section owned small business concerns. (b) EFFECTIVE DATE.—The amendments 179(f)(4) is amended by striking subpara- Sec. 533. Study and report on representation made by this section shall apply to amounts graphs (A) through (C) and inserting the fol- of women. paid or incurred in taxable years beginning lowing: Subtitle D—Small Business Champion after December 31, 2011. ‘‘(A) IN GENERAL.—Notwithstanding sub- section (b)(3)(B)— Sec. 541. Short title. SEC. 104. EXTENSION OF REDUCTION IN REC- ‘‘(i) no amount attributable to qualified Sec. 542. Offices of Small and Disadvantaged OGNITION PERIOD FOR BUILT-IN GAINS TAX. real property placed in service in any tax- Business Utilization. Sec. 543. Small Business Procurement Advi- (a) IN GENERAL.—Paragraph (7) of section able year beginning in 2010 or 2011 may be sory Council. 1374(d) is amended— carried over to any taxable year beginning (1) by redesignating subparagraph (C) as after 2011, and TITLE VI—TRANSPARENCY, subparagraph (D), and ‘‘(ii) no amount attributable to qualified ACCOUNTABILITY, AND EFFECTIVENESS (2) by inserting after subparagraph (B) the real property placed in service in any tax- Subtitle A—Small Business Common following new subparagraph: able year beginning in 2013 may be carried Application ‘‘(C) SPECIAL RULE FOR 2012 AND 2013.—For over to any taxable year beginning after Sec. 611. Definitions. dispositions of property in taxable years be- 2013.

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‘‘(B) TREATMENT OF DISALLOWED through the date of enactment of this sub- ‘‘(g) SBA LENDER ACTIVITY INDEX.— AMOUNTS.—Except as provided in subpara- paragraph and annually thereafter; ‘‘(1) DEFINITION.—In this subsection, the graph (C)— ‘‘(II) with respect to dollar amounts in sub- term ‘covered loan’ means a loan made or de- ‘‘(i) TAXABLE YEARS BEGINNING AFTER 2011.— paragraph (B) shall reflect increases in the benture issued under this Act or the Small To the extent that any amount is not al- CPI annually on and after the date of enact- Business Investment Act of 1958 (15 U.S.C. 661 lowed to be carried over to a taxable year be- ment of this subparagraph.’’. et seq.) by a private individual or entity. ginning after 2011 by reason of subparagraph SEC. 215. PUBLIC AVAILABILITY OF INFORMA- ‘‘(2) REQUIREMENT.—Not later than 6 (A)(i), this title shall be applied as if no elec- TION. months after the date of enactment of this tion under this section had been made with Section 303 of the Small Business Invest- subsection, the Administrator shall make respect to such amount. ment Act of 1958 (15 U.S.C. 683) is amended by publicly available on the website of the Ad- ‘‘(ii) TAXABLE YEARS BEGINNING AFTER adding at the end the following: ministration a user-friendly database of in- 2013.—To the extent that any amount is not ‘‘(l) ACCESS TO FUND INFORMATION.—Annu- formation relating to lenders making cov- allowed to be carried over to a taxable year ally, the Administrator shall make public on ered loans (to be known as the ‘Lender Ac- beginning after 2013 by reason of subpara- its website the following information with tivity Index’). graph (A)(ii), this title shall be applied as if respect to each small business investment ‘‘(3) DATA INCLUDED.— no election under this section had been made company: ‘‘(A) IN GENERAL.—The database made with respect to such amount. ‘‘(1) The amount of capital deployed since available under paragraph (2) shall include, ‘‘(C) AMOUNTS CARRIED OVER FROM CERTAIN fund inception. for each lender making a covered loan— TAXABLE YEARS.— ‘‘(2) The amount of leverage drawn since ‘‘(i) the name of the lender; ‘‘(i) AMOUNTS CARRIED OVER FROM 2010.—If fund inception. ‘‘(ii) the number of covered loans made by subparagraph (B)(i) applies to any amount ‘‘(3) The number of investments since fund the lender; (or portion of an amount) which is carried inception. ‘‘(iii) the total dollar amount of covered over from a taxable year other than the tax- ‘‘(4) The number of businesses receiving loans made by the lender; payer’s last taxable year beginning in 2011, capital since fund inception. ‘‘(iv) a list of each ZIP code in which a re- such amount (or portion of an amount) shall ‘‘(5) Industry sectors receiving investment cipient of a covered loan made by the lender be treated for purposes of this title as attrib- since fund inception. is located; utable to property placed in service on the ‘‘(6) The amount of leverage principal re- ‘‘(v) a list of the industries of the recipi- first day of the taxpayer’s last taxable year paid by the small business investment com- ents to which the lender made a covered beginning in 2011. pany since fund inception. loan; ‘‘(ii) AMOUNTS CARRIED OVER FROM 2013.—If ‘‘(7) A basic description of investment ‘‘(vi) whether the covered loan is for an ex- subparagraph (B)(ii) applies to any amount strategy.’’. isting business or a new business; (or portion of an amount) which is carried SEC. 216. AUTHORIZED USES OF LICENSING FEES. ‘‘(vii) the number and total dollar amount over from a taxable year other than the tax- Section 301 of the Small Business Invest- of covered loans made by the lender to— payer’s last taxable year beginning in 2013, ment Act of 1958 (15 U.S.C. 681) is amended— ‘‘(I) small business concerns owned and such amount (or portion of an amount) shall (1) by redesignating subsection (e) as sub- controlled by women; be treated for purposes of this title as attrib- section (d); and ‘‘(II) socially and economically disadvan- utable to property placed in service on the (2) in subsection (d)(2)(B), as so redesig- taged small business concerns (as defined in first day of the taxpayer’s last taxable year nated, by inserting before the period at the section 8(a)(4)(A)); and beginning in 2013.’’. end the following: ‘‘and other small business ‘‘(III) small business concerns owned and (e) EFFECTIVE DATE.—The amendments investment company program needs’’. controlled by veterans; and made by this section shall apply to taxable SEC. 217. SENSE OF CONGRESS. ‘‘(viii) whether the covered loan was made years beginning after December 31, 2012. It is the sense of Congress that— under section 7(a) or under the program to TITLE II—ACCESS TO CAPITAL (1) small business investment companies provide financing to small business concerns would benefit from partnerships with com- through guarantees of loans under title V of Subtitle A—Expanding Access to Capital for munity banks and other lenders, and should Entrepreneurial Leaders the Small Business Investment Act of 1958 work with community banks and other lend- (15 U.S.C. 695 et seq.). SEC. 211. SHORT TITLE. ers, to ensure that if community banks and ‘‘(B) INCORPORATION OF DATA.—The Admin- This subtitle may be cited as the ‘‘EXCEL other lenders deny an application by a small istrator shall— Act of 2012’’. business concern for a loan, the community ‘‘(i) include in the database made available SEC. 212. PROGRAM AUTHORIZATION. banks or other lenders will refer the small under paragraph (2) information relating to Section 303(b) of the Small Business In- business concern to small business invest- covered loans made during fiscal years 2009, vestment Act of 1958 (15 U.S.C. 683(b)) is ment companies; and 2010, 2011, and 2012; and amended, in the matter preceding paragraph (2) the Administrator of the Small Busi- ‘‘(ii) incorporate information relating to (1), in the first sentence, by inserting after ness Administration (in this division referred covered loans on an ongoing basis. ‘‘issued by such companies’’ the following: ‘‘, to as the ‘‘Administrator’’) should— ‘‘(C) PERIOD OF DATA AVAILABILITY.—The in a total amount that does not exceed (A) increase outreach to community banks Administrator shall retain information re- $4,000,000,000 each fiscal year (adjusted annu- and other lenders to encourage community lating to a covered loan in the database ally to reflect increases in the Consumer banks and other lenders to invest in small made available under paragraph (2) until not Price Index established by the Bureau of business investment companies; earlier than the end of the third fiscal year Labor Statistics of the Department of (B) use the Internet to make publicly beginning after the fiscal year during which Labor)’’. available in a timely manner which small the covered loan was made.’’. business investment companies are actively SEC. 213. FAMILY OF FUNDS. TITLE III—ACCESS TO GLOBAL MARKETS Section 303(b)(2)(B) of the Small Business soliciting investments and making invest- Investment Act of 1958 (15 U.S.C. 683(b)(2)(B)) ments in small business concerns; SEC. 301. SHORT TITLE. is amended by striking ‘‘$225,000,000’’ and in- (C) partner with governors, mayors, This title may be cited as the ‘‘Small Busi- serting ‘‘$350,000,000’’. States, and municipalities to increase out- ness Export Growth Act of 2012’’. reach by small business investment compa- SEC. 214. ADJUSTMENT FOR INFLATION. SEC. 302. REPORT ON IMPROVEMENTS TO EX- Section 303(b)(2) of the Small Business In- nies to underserved and rural areas; and PORT.GOV AS A SINGLE WINDOW vestment Act of 1958 (15 U.S.C. 683(b)(2)) is (D) continue to make changes to the FOR EXPORT INFORMATION. webpage for the small business investment amended by adding at the end the following: (a) IN GENERAL.—Not later than 180 days company program, to make the webpage— ‘‘(E) ADJUSTMENTS.— after the date of enactment of this Act, the (i) a more prominent part of the website of ‘‘(i) IN GENERAL.—The dollar amounts in Director of International Trade of the Small subparagraph (A)(ii), subparagraph (B), and the Administration; and Business Administration shall, after con- subparagraph (C)(ii)(I) shall be adjusted an- (ii) more user-friendly. sultation with the entities specified in sub- nually to reflect increases in the Consumer Subtitle B—Low-Interest Refinancing section (b), submit to the Committee on Price Index established by the Bureau of SEC. 221. LOW-INTEREST REFINANCING UNDER Small Business and Entrepreneurship and Labor Statistics of the Department of Labor THE LOCAL DEVELOPMENT BUSI- the Committee on Banking, Housing, and (in this subparagraph referred to as the NESS LOAN PROGRAM. Urban Affairs of the Senate and the Com- ‘CPI’). Section 1122(b) of the Small Business Jobs mittee on Small Business and the Com- ‘‘(ii) APPLICABILITY.—The adjustments re- Act of 2010 (15 U.S.C. 696 note) is amended by mittee on Foreign Affairs of the House of quired by clause (i)— striking ‘‘2 years’’ and inserting ‘‘on the date Representatives a report that includes the ‘‘(I) with respect to dollar amounts in sub- that is 3 years and 6 months’’. recommendations of the Director for improv- paragraphs (A)(ii) and (C)(ii)(I) shall initially Subtitle C—SBA Lender Activity Index ing the experience provided by the website reflect increases in the CPI during the period SEC. 231. SBA LENDER ACTIVITY INDEX. Export.gov (or a successor website) as— beginning on the effective date of section 505 Section 4 of the Small Business Act (15 (1) a comprehensive resource for informa- of the American Recovery and Reinvestment U.S.C. 633) is amended by adding at the end tion about exporting articles from the Act of 2009 (Public Law 111–5; 123 Stat. 156) the following: United States; and

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International Trade of the Administration fined in section 103 of the Export Trading (b) ENTITIES SPECIFIED.—The entities speci- on the export financing programs of the De- Company Act of 1982 (15 U.S.C. 4002). fied in this subsection are— partment of Agriculture and the Foreign Ag- (b) REQUIREMENTS.—The program estab- (1) small business concerns (as defined in ricultural Service. lished under subsection (a) shall— section 3 of the Small Business Act (15 U.S.C. (2) EXPORT ASSISTANCE AND BUSINESS COUN- (1) be similar to the program of the Admin- 632)) that are exporters; and SELING PROGRAMS.—In coordination with the istration for registering franchise compa- (2) the President’s Export Council, State Secretary of Agriculture and the Foreign Ag- nies, as in effect on the date of enactment of agencies with responsibility for export pro- ricultural Service, the Administrator shall this Act; and motion or export financing, district export develop a program to cross-train export fi- (2) require that a list of the export man- councils, and trade associations. nance specialists, personnel from the Office agement companies and export trading com- SEC. 303. REPORT ON DEVELOPING A SINGLE of International Trade of the Administra- panies that register under the program, cat- WINDOW FOR INFORMATION ABOUT tion, Small Business Development Centers, egorized by the type of product exported by EXPORT CONTROL COMPLIANCE. women’s business centers, the Service Corps the company, be made available on the (a) IN GENERAL.—Not later than 180 days of Retired Executives authorized by section website of the Administration. after the date of enactment of this Act, the 8(b)(1) of the Small Business Act (15 U.S.C. SEC. 309. REVERSE TRADE MISSIONS. Chief Counsel for Advocacy of the Small 637(b)(1)), Export Assistance Centers, and Business Administration shall submit to the other resource partners of the Administra- Section 22(c) of the Small Business Act (15 appropriate congressional committees a re- tion on the export assistance and business U.S.C. 649(c)) is amended— port assessing the benefits of developing a counseling programs of the Department of (1) in paragraph (12), by striking ‘‘and’’ at website to serve as— Agriculture. the end; (1) a comprehensive resource for complying (b) REPORT ON LENDERS.—Section (2) in paragraph (13), by striking the period with and information about the export con- 7(a)(16)(F) of the Small Business Act (15 at the end and inserting ‘‘; and’’; and trol laws and regulations of the United U.S.C. 636(a)(16)(F)) is amended— (3) by adding at the end the following: States; and (1) in clause (i)— ‘‘(14) in coordination with other relevant (2) a single website for exporters to submit (A) by redesignating subclauses (I) through Federal agencies, encourage the participa- all information required by the Federal Gov- (III) as items (aa) through (cc), respectively, tion of employees and resource partners of ernment with respect to export controls. and adjusting the margins accordingly; the Administration in reverse trade missions (b) APPROPRIATE CONGRESSIONAL COMMIT- (B) by striking ‘‘list, have made’’ and in- hosted or sponsored by the Federal Govern- TEES DEFINED.—In this section, the term serting the following: ‘‘list— ment.’’. ‘‘appropriate congressional committees’’ ‘‘(I) have made’’; SEC. 310. STATE TRADE AND EXPORT PRO- means— (C) in item (cc), as so redesignated, by MOTION GRANT PROGRAM. (1) the Committee on Commerce, Science, striking the period at the end and inserting Section 1207(a)(5) of the Small Business and Transportation, the Committee on ‘‘; and’’; and Jobs Act of 2010 (15 U.S.C. 649b note) is Banking, Housing, and Urban Affairs, and (D) by adding at the end the following: amended by inserting after ‘‘Guam,’’ the fol- the Committee on Small Business and Entre- ‘‘(II) were located in a rural area, as that lowing: ‘‘the Commonwealth of the Northern preneurship of the Senate; and term is defined in section 1393(a)(2) of the In- Mariana Islands,’’. (2) the Committee on Energy and Com- ternal Revenue Code of 1986, or a nonmetro- merce, the Committee on Foreign Affairs, politan statistical area and have made— SEC. 311. PROMOTION OF INTERAGENCY DE- TAILS. and the Committee on Small Business of the ‘‘(aa) loans guaranteed by the Administra- House of Representatives. tion; or It is the sense of Congress that the Admin- istrator should periodically detail staff of SEC. 304. PROMOTION OF EXPORTING. ‘‘(bb) loans through the programs offered the Administration to other Federal agen- Section 22(c)(11) of the Small Business Act by the United States Department of Agri- cies that are members of the Trade Pro- (15 U.S.C. 649(c)(11)) is amended by inserting culture or the Foreign Agricultural Serv- motion Coordinating Committee, to facili- ‘‘, which shall include conducting not fewer ice.’’; and tate the cross training of the staff of the Ad- than 1 outreach event each fiscal year in (2) in clause (ii)(II), by inserting ‘‘and by ministration on the export assistance pro- each State that promotes exporting as a resource partners of the Administration’’ grams of such other agencies. business development opportunity for small after ‘‘the Administration’’. business concerns’’ before the semicolon. (c) COOPERATION WITH SMALL BUSINESS DE- SEC. 312. ANNUAL EXPORT STRATEGY. VELOPMENT CENTERS.—Section 21(c)(3)(M) of SEC. 305. EXPORT CONTROL EDUCATION. Section 22 of the Small Business Act (15 the Small Business Act (15 U.S.C. Section 22 of the Small Business Act (15 U.S.C. 649), as amended by section 305 of this 648(c)(3)(M)) is amended by inserting after division, is amended by adding at the end the U.S.C. 649) is amended— ‘‘the Department of Commerce,’’ the fol- following: (1) by redesignating subsection (l) as sub- lowing: ‘‘the Department of Agriculture,’’. section (n); and (d) LIST OF RURAL EXPORT ASSISTANCE RE- ‘‘(m) SMALL BUSINESS TRADE STRATEGY.— (2) by inserting after subsection (k) the fol- SOURCES.—Section 22(c)(7) of the Small Busi- ‘‘(1) DEVELOPMENT OF SMALL BUSINESS lowing: ness Act (15 U.S.C. 649(c)(7)) is amended— TRADE STRATEGY.—The Associate Adminis- ‘‘(l) EXPORT CONTROL EDUCATION.—The As- (1) in subparagraph (C), by striking ‘‘and’’ trator shall develop and maintain a small sociate Administrator shall ensure that all at the end; business trade strategy that is included in programs of the Administration to support (2) by redesignating subparagraph (D) as the report on the governmentwide strategic exporting by small business concerns place a subparagraph (E); and plan for Federal trade promotion required to priority on educating small business con- (3) by inserting after subparagraph (C) the be submitted to Congress by the Trade Pro- cerns about Federal export control regula- following: motion Coordinating Committee under sec- tions.’’. ‘‘(D) publishing an annual list of relevant tion 2312(f)(1) of the Export Enhancement SEC. 306. SMALL BUSINESS INTER-AGENCY TASK resources and programs of the district and Act of 1988 (15 U.S.C. 4727(f)(1)) that includes, FORCE ON EXPORT FINANCING. regional offices of the Administration, other at a minimum— The Administrator, in consultation with Federal agencies, the small business develop- ‘‘(A) strategies to increase export opportu- the Secretary of Agriculture, the President ment center network, Export Assistance nities for small business concerns, including of the Export-Import Bank of the United Centers, the network of women’s business a specific strategy to increase opportunities States, and the President of the Overseas centers, chapters of the Service Corps of Re- for small business concerns that are new to Private Investment Corporation shall jointly tired Executives, State and local export pro- exporting; establish a Small Business Inter-Agency motion programs, and partners in the pri- ‘‘(B) recommendations to increase the Task Force on Export Financing to— vate sector, that— competitiveness in the global economy of (1) review and improve Federal export fi- ‘‘(i) are administered or offered by entities small business concerns in the United States nance programs for small business concerns; located in rural or nonmetropolitan statis- that are part of industries in which small and tical areas; and business concerns account for a high propor- (2) coordinate the activities of the Federal ‘‘(ii) offer export assistance or business tion of participating businesses; Government to assist small business con- counseling services to rural small businesses ‘‘(C) recommendations to protect small cerns seeking to export. concerns; and’’. business concerns from unfair trade prac- SEC. 307. PROMOTION OF EXPORTS BY RURAL SEC. 308. REGISTRY OF EXPORT MANAGEMENT tices, including intellectual property viola- SMALL BUSINESSES. AND EXPORT TRADING COMPANIES. tions; (a) SMALL BUSINESS ADMINISTRATION- (a) COORDINATION WITH EXPORT MANAGE- ‘‘(D) recommendations for strategies to UNITED STATES DEPARTMENT OF AGRICULTURE MENT COMPANIES AND EXPORT TRADING COM- promote and facilitate opportunities in the INTERAGENCY COORDINATION.— PANIES.—Not later than 1 year after the date foreign markets that are most accessible for (1) EXPORT FINANCING PROGRAMS.—In co- of enactment of this Act, the Administrator small business concerns that are new to ex- ordination with the Secretary of Agri- shall establish a program to register export porting; and

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‘‘(E) strategies to expand the representa- ‘‘(A) ESTABLISHMENT.—After providing a ‘‘(D) standardizing the programmatic and tion of small business concerns in the forma- period of 60 days for public comment, the Ad- financial examination process; and tion and implementation of United States ministrator shall— ‘‘(E) providing to each women’s business trade policy. ‘‘(i) establish a database of providers of en- center, not later than 60 days after the com- ‘‘(2) ANNUAL REPORT TO CONGRESS.—At the trepreneurial development services; and pletion of a site visit to the women’s busi- beginning of each fiscal year, the Associate ‘‘(ii) make the database available through ness center (whether conducted for an audit, Administrator shall submit to the Com- the website of the Administration. performance review, or other reason), a copy mittee on Small Business and Entrepreneur- ‘‘(B) SEARCHABILITY.—The database estab- of any site visit reports or evaluation reports ship of the Senate and the Committee on lished under subparagraph (A) shall be prepared by district office technical rep- Small Business of the House of Representa- searchable by industry, geographic location, resentatives or officers or employees of the tives a report on the small business trade and service required. Administration.’’. strategy required under paragraph (1), which ‘‘(5) COMMUNITY SPECIALIST.— (b) CHANGE OF TITLE.— shall contain, at a minimum— ‘‘(A) DESIGNATION.—The Administrator (1) IN GENERAL.—Section 29 of the Small ‘‘(A) a description of each strategy and rec- shall designate not fewer than 1 staff mem- Business Act (15 U.S.C. 656) is amended— ommendation described in paragraph (1); ber in each district office of the Administra- (A) in subsection (a)— ‘‘(B) specific policies and objectives, to- tion as a community specialist whose full- (i) by striking paragraphs (1) and (4); gether with timelines for the implementa- time responsibility is working with local (ii) by redesignating paragraphs (2) and (3) tion of such policies and objectives; and providers of entrepreneurial development as paragraphs (4) and (5), respectively; and ‘‘(C) a description of the progress of the services to increase coordination with Fed- (iii) by inserting before paragraph (4), as so Administration in implementing the strate- eral entrepreneurial development programs. redesignated, the following: gies and recommendations contained in the ‘‘(B) PERFORMANCE.—The Administrator ‘‘(2) the term ‘Director’ means the Director report submitted for the preceding fiscal shall develop benchmarks for measuring the of the Office of Women’s Business Ownership year.’’. performance of community specialists under established under subsection (g);’’; this paragraph.’’. (B) by striking ‘‘Assistant Administrator’’ TITLE IV—ACCESS TO MENTORING, EDU- Subtitle B—Women’s Small Business each place that term appears and inserting CATION, AND STRATEGIC PARTNER- ‘‘Director’’; and SHIPS Ownership SEC. 421. SHORT TITLE. (C) in subsection (g)(2), in the paragraph Subtitle A—Measuring the Effectiveness of This subtitle may be cited as the ‘‘Wom- heading, by striking ‘‘ASSISTANT ADMINIS- Resource Partners en’s Small Business Ownership Act of 2012’’. TRATOR’’ and inserting ‘‘DIRECTOR’’. (2) WOMEN’S BUSINESS OWNERSHIP ACT OF SEC. 411. EXPANDING ENTREPRENEURSHIP. SEC. 422. DEFINITION. In this subtitle, the term ‘‘Administrator’’ 1988.—Title IV of the Women’s Business Own- Section 4 of the Small Business Act (15 means the Administrator of the Small Busi- ership Act of 1988 (15 U.S.C. 7101 et seq.) is U.S.C. 633), as amended by this division, is ness Administration. amended— amended by adding at the end the following: (A) in section 403(a)(2)(B), by striking ‘‘As- SEC. 423. OFFICE OF WOMEN’S BUSINESS OWNER- ‘‘(h) MANAGEMENT AND DIRECTION.— SHIP. sistant Administrator’’ and inserting ‘‘Direc- ‘‘(1) PLAN FOR ENTREPRENEURIAL DEVELOP- (a) IN GENERAL.—Section 29(g) of the Small tor’’; MENT AND JOB CREATION STRATEGY.— Business Act (15 U.S.C. 656(g)) is amended— (B) in section 405, by striking ‘‘Assistant ‘‘(A) PLAN REQUIRED.—The Administrator, (1) in paragraph (2)— Administrator’’ and inserting ‘‘Director’’; in consultation with a representative from (A) in subparagraph (B)— and each entrepreneurial development program (i) in clause (i), by striking ‘‘in the areas’’ (C) in section 406(c), by striking ‘‘Assistant of the Administration, shall develop and sub- and all that follows through the end of sub- Administrator’’ and inserting ‘‘Director’’. mit to Congress a plan for using the entre- clause (I), and inserting the following: ‘‘to SEC. 424. WOMEN’S BUSINESS CENTER PROGRAM. preneurial development programs of the Ad- address issues concerning the management, (a) WOMEN’S BUSINESS CENTER FINANCIAL ministration to create jobs during fiscal operations, manufacturing, technology, fi- ASSISTANCE.—Section 29 of the Small Busi- years 2013 and 2014. nance, retail and product sales, international ness Act (15 U.S.C. 656) is amended— ‘‘(B) CONTENTS OF PLAN.—The plan required trade, Government contracting, and other (1) in subsection (a), as amended by section under subparagraph (A) shall— disciplines required for— 423(b) of this division— ‘‘(i) include the plan of the Administrator ‘‘(I) starting, operating, and increasing the (A) by inserting before paragraph (2) the for using existing programs, including small business of a small business concern;’’; and following: business development centers, women’s busi- (ii) in clause (ii), by striking ‘‘Women’s ‘‘(1) the term ‘association of women’s busi- ness centers, the Service Corps of Retired Business Center program’’ each place that ness centers’ means an organization— Executives authorized by section 8(b)(1), Vet- term appears and inserting ‘‘women’s busi- ‘‘(A) that represents not less than 51 per- erans Business Outreach Centers, and pro- ness center program’’; and cent of the women’s business centers that grams of the Office of Native American Af- (B) in subparagraph (C), by inserting before participate in a program under this section; fairs, to create jobs; the period at the end the following: ‘‘, the and ‘‘(ii) identify a strategy for each region of National Women’s Business Council, and any ‘‘(B) whose primary purpose is to represent the Administration to use programs of the association of women’s business centers’’; women’s business centers;’’; Administration to create or retain jobs in and (B) by inserting after paragraph (2) the fol- the region; and (2) by adding at the end the following: lowing: ‘‘(iii) establish performance measures and ‘‘(3) TRAINING.—The Administrator may ‘‘(3) the term ‘eligible entity’ means— criteria, including goals for job creation, job provide annual programmatic and financial ‘‘(A) a private nonprofit organization; retention, and job retraining, to evaluate the examination training for women’s business ‘‘(B) a State, regional, or local economic success of the plan. ownership representatives and district office development organization; ‘‘(2) DATA COLLECTION PROCESS.— technical representatives of the Administra- ‘‘(C) a development, credit, or finance cor- ‘‘(A) IN GENERAL.—The Administrator tion to enable representatives to carry out poration chartered by a State; shall, after notice and opportunity for com- their responsibilities. ‘‘(D) a junior or community college, as de- ment, promulgate a rule to develop and im- ‘‘(4) PROGRAM AND TRANSPARENCY IMPROVE- fined in section 312(f) of the Higher Edu- plement a consistent data collection process MENTS.—The Administrator shall maximize cation Act of 1965 (20 U.S.C. 1058(f)); or for the entrepreneurial development pro- the transparency of the women’s business ‘‘(E) any combination of entities listed in grams. center financial assistance proposal process subparagraphs (A) through (D);’’; and ‘‘(B) CONTENTS.—The data collection proc- and the programmatic and financial exam- (C) by adding after paragraph (5) the fol- ess developed under subparagraph (A) shall ination process by— lowing: collect data relating to job creation and per- ‘‘(A) providing public notice of any an- ‘‘(6) the term ‘women’s business center’ formance and any other data determined ap- nouncement for financial assistance under means a project conducted by an eligible en- propriate by the Administrator. subsection (b) or a grant under subsection (l) tity under this section.’’; ‘‘(3) COORDINATION AND ALIGNMENT OF SBA not later than the end of the first quarter of (2) in subsection (b)— ENTREPRENEURIAL DEVELOPMENT PROGRAMS.— each fiscal year; (A) by redesignating paragraphs (1), (2), The Administrator, in consultation with ‘‘(B) in the announcement described in sub- and (3) as subparagraphs (A), (B), and (C), other Federal departments and agencies as paragraph (A), outlining award and program and adjusting the margins accordingly; the Administrator determines is appropriate, evaluation criteria and describing the (B) by striking ‘‘The Administration’’ and shall submit an annual report to Congress weighting of the criteria for financial assist- all that follows through ‘‘5-year projects’’ describing opportunities to foster coordina- ance under subsection (b) and grants under and inserting the following: tion of, limit duplication among, and im- subsection (l); ‘‘(1) IN GENERAL.—The Administration may prove program delivery for Federal entrepre- ‘‘(C) minimizing paperwork and reporting provide financial assistance to an eligible en- neurial development programs. requirements for applicants for and recipi- tity to conduct a project under this section’’; ‘‘(4) DATABASE OF ENTREPRENEURIAL DEVEL- ents of financial assistance under this sec- (C) by striking ‘‘The projects shall’’ and in- OPMENT SERVICE PROVIDERS.— tion; serting the following:

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‘‘(2) USE OF FUNDS.—The project shall be (b) or other sources, to manage the center on ‘‘(ii) REQUIRED CRITERIA.—The selection designed to provide training and counseling a full-time basis; criteria for financial assistance under sub- that meets the needs of women, especially ‘‘(ii) as a condition of receiving financial section (b) shall include— socially and economically disadvantaged assistance under subsection (b), agrees— ‘‘(I) the experience of the applicant in con- women, and shall’’; and ‘‘(I) to receive a site visit by the Adminis- ducting programs or ongoing efforts designed (D) by adding at the end the following: trator as part of the final selection process; to teach or enhance the business skills of ‘‘(3) AMOUNT OF FINANCIAL ASSISTANCE.— ‘‘(II) to undergo an annual programmatic women who are business owners or potential ‘‘(A) IN GENERAL.—The Administrator may and financial examination; and business owners; award financial assistance under this sub- ‘‘(III) to the maximum extent practicable, ‘‘(II) the ability of the applicant to begin a section of not less than $100,000 and not more to remedy any problems identified pursuant project within a minimum amount of time; than $150,000 per year. to the site visit or examination under sub- ‘‘(III) the ability of the applicant to pro- ‘‘(B) LOWER AMOUNT.—The Administrator clause (I) or (II); and vide training and services to a representative may award financial assistance under this ‘‘(iii) meets the accounting and reporting number of women who are socially and eco- subsection to a recipient in an amount that requirements established by the Director of nomically disadvantaged; and is less than $100,000 if the Administrator de- the Office of Management and Budget; ‘‘(IV) the location for the women’s business termines that the recipient is unable to ‘‘(B) information demonstrating that the center proposed by the applicant, including make a non-Federal contribution of $100,000 eligible entity has the ability and resources or more, as required under subsection (c). whether the applicant is located in a State to meet the needs of the market to be served in which there is not a women’s business ‘‘(C) EQUAL ALLOCATIONS.—If the Adminis- by the women’s business center for which fi- tration has insufficient funds to provide fi- center receiving funding from the Adminis- nancial assistance under subsection (b) is nancial assistance of not less than $100,000 tration. sought, including the ability to obtain the for each recipient of financial assistance ‘‘(C) PROXIMITY.—If the principal place of non-Federal contribution required under sub- under this subsection in any fiscal year, the business of an applicant for financial assist- section (c); Administrator shall provide an equal amount ance under subsection (b) is located less than ‘‘(C) information relating to the assistance of financial assistance to each recipient in 50 miles from the principal place of business to be provided by the women’s business cen- the fiscal year, unless a recipient requests a of a women’s business center that received lower amount than the allocated amount. ter for which financial assistance under sub- funds under this section on or before the section (b) is sought in the area in which the ‘‘(4) CONSULTATION WITH ASSOCIATIONS OF date of the application, the applicant shall women’s business center is located; WOMEN’S BUSINESS CENTERS.—The Adminis- not be eligible for the financial assistance, trator shall consult with each association of ‘‘(D) information demonstrating the expe- unless the applicant submits a detailed writ- women’s business centers to develop— rience and effectiveness of the eligible entity ten justification of the need for an additional ‘‘(A) a training program for the staff of in— center in the area in which the applicant is women’s business centers and the Adminis- ‘‘(i) conducting financial, management, located. tration; and and marketing assistance programs, as de- ‘‘(D) RECORD RETENTION.—The Adminis- ‘‘(B) recommendations to improve the poli- scribed in subsection (b)(2), which are de- trator shall maintain a copy of each applica- cies and procedures for governing the general signed to teach or upgrade the business tion submitted under this subsection for not operations and administration of the wom- skills of women who are business owners or less than 7 years.’’; and en’s business center program, including potential business owners; (6) in subsection (m)— grant program improvements under sub- ‘‘(ii) providing training and services to a (A) by striking paragraph (3) and inserting section (g)(4).’’; representative number of women who are so- the following: cially and economically disadvantaged; and (3) in subsection (c)— ‘‘(3) APPLICATION AND APPROVAL FOR RE- ‘‘(iii) working with resource partners of (A) in paragraph (1) by striking ‘‘the re- NEWAL GRANTS.— the Administration and other entities, such cipient organization’’ and inserting ‘‘an eli- ‘‘(A) SOLICITATION OF APPLICATIONS.—The as universities; and gible entity’’; Administrator shall solicit applications and ‘‘(E) a 5-year plan that describes the abil- (B) in paragraph (3), in the second sen- award grants under this subsection for the ity of the women’s business center for which tence, by striking ‘‘a recipient organization’’ first fiscal year beginning after the date of financial assistance is sought— and inserting ‘‘an eligible entity’’; enactment of the Women’s Small Business ‘‘(i) to serve women who are business own- (C) in paragraph (4)— Ownership Act of 2012, and every third fiscal ers or potential business owners by con- (i) by striking ‘‘recipient of assistance’’ year thereafter. and inserting ‘‘eligible entity’’; ducting training and counseling activities; ‘‘(B) CONTENTS OF APPLICATION.—Each eli- and (ii) by striking ‘‘such organization’’ and in- gible entity desiring a grant under this sub- ‘‘(ii) to provide training and services to a serting ‘‘the eligible entity’’; and section shall submit to the Administrator an (iii) by striking ‘‘recipient’’ and inserting representative number of women who are so- application that contains— ‘‘eligible entity’’; and cially and economically disadvantaged. ‘‘(i) a certification that the applicant— (D) in paragraph (5)— ‘‘(2) ADDITIONAL INFORMATION.—The Admin- ‘‘(I) is an eligible entity; (i) in subparagraph (A), by striking ‘‘a re- istrator shall make any request for addi- ‘‘(II) has designated a full-time executive cipient organization’’ and inserting ‘‘an eli- tional information from an organization ap- director or program manager to manage the gible entity’’; and plying for financial assistance under sub- women’s business center operated by the ap- (ii) by striking ‘‘the recipient organiza- section (b) that was not requested in the plicant; and tion’’ each place it appears and inserting original announcement in writing. ‘‘(III) as a condition of receiving a grant ‘‘the eligible entity’’; and ‘‘(3) REVIEW AND APPROVAL OF APPLICATIONS under this subsection, agrees— (E) by adding at end the following: FOR INITIAL FINANCIAL ASSISTANCE.— ‘‘(aa) to receive a site visit as part of the ‘‘(6) SEPARATION OF PROJECT AND FUNDS.— ‘‘(A) IN GENERAL.—The Administrator An eligible entity shall— shall— final selection process; ‘‘(A) carry out a project under this section ‘‘(i) review each application submitted ‘‘(bb) to submit, for the 2 full fiscal years separately from other projects, if any, of the under paragraph (1), based on the informa- before the date on which the application is eligible entity; and tion described in such paragraph and the cri- submitted, annual programmatic and finan- ‘‘(B) separately maintain and account for teria set forth under subparagraph (B) of this cial examination reports or certified copies any financial assistance under this section.’’; paragraph; and of the compliance supplemental audits under (4) in subsection (e)— ‘‘(ii) to the extent practicable, as part of OMB Circular A–133 of the applicant; and (A) by striking ‘‘applicant organization’’ the final selection process, conduct a site ‘‘(cc) to remedy any problem identified and inserting ‘‘eligible entity’’; visit to each women’s business center for pursuant to the site visit or examination (B) by striking ‘‘a recipient organization’’ which financial assistance under subsection under item (aa) or (bb); and inserting ‘‘an eligible entity’’; and (b) is sought. ‘‘(ii) information demonstrating that the (C) by striking ‘‘site’’; ‘‘(B) SELECTION CRITERIA.— applicant has the ability and resources to (5) by striking subsection (f) and inserting ‘‘(i) IN GENERAL.—The Administrator shall meet the needs of the market to be served by the following: evaluate applicants for financial assistance the women’s business center for which a ‘‘(f) APPLICATIONS AND CRITERIA FOR INI- under subsection (b) in accordance with se- grant under this subsection is sought, in- TIAL FINANCIAL ASSISTANCE.— lection criteria that are— cluding the ability to obtain the non-Federal ‘‘(1) APPLICATION.—Each eligible entity de- ‘‘(I) established before the date on which contribution required under paragraph (4)(C); siring financial assistance under subsection applicants are required to submit the appli- ‘‘(iii) information relating to assistance to (b) shall submit to the Administrator an ap- cations; be provided by the women’s business center plication that contains— ‘‘(II) stated in terms of relative impor- in the area served by the women’s business ‘‘(A) a certification that the eligible enti- tance; and center for which a grant under this sub- ty— ‘‘(III) publicly available and stated in each section is sought; ‘‘(i) has designated an executive director or solicitation for applications for financial as- ‘‘(iv) information demonstrating that the program manager, who may be compensated sistance under subsection (b) made by the applicant has worked with resource partners using financial assistance under subsection Administrator. of the Administration and other entities;

VerDate Mar 15 2010 02:58 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A11JY6.036 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE July 11, 2012 CONGRESSIONAL RECORD — SENATE S4907 ‘‘(v) a 3-year plan that describes the ability (A) in subsection (h)(2), by striking ‘‘to under section 29(m) of the Small Business of the women’s business center for which a award a contract (as a sustainability grant) Act (15 U.S.C. 656(m)), as in effect on the day grant under this subsection is sought— under subsection (l) or’’; before the date of enactment of this Act, for ‘‘(I) to serve women who are business own- (B) in subsection (j)(1), by striking ‘‘The the period— ers or potential business owners by con- Administration’’ and inserting ‘‘Not later (A) beginning on the day after the last day ducting training and counseling activities; than November 1 of each year, the Adminis- of the grant agreement under such section and trator’’; 29(m); and ‘‘(II) to provide training and services to a (C) in subsection (k)— (B) ending at the end of the third fiscal representative number of women who are so- (i) by striking paragraphs (1), (2), and (4); year beginning after the date of enactment cially and economically disadvantaged; and (ii) by redesignating paragraph (3) as para- of this Act. ‘‘(vi) any additional information that the graph (4); and SEC. 425. STUDY AND REPORT ON ECONOMIC Administrator may reasonably require. (iii) by inserting before paragraph (4), as so ISSUES FACING WOMEN’S BUSINESS ‘‘(C) REVIEW AND APPROVAL OF APPLICA- redesignated, the following: CENTERS. TIONS FOR GRANTS.— ‘‘(1) IN GENERAL.—There are authorized to (a) STUDY.—The Comptroller General of ‘‘(i) IN GENERAL.—The Administrator be appropriated to the Administration to the United States shall conduct a broad shall— carry out this section, to remain available study of the unique economic issues facing ‘‘(I) review each application submitted until expended, $14,500,000 for each of fiscal women’s business centers located in covered under subparagraph (B), based on the infor- years 2013, 2014, and 2015. areas to identify— ‘‘(2) USE OF FUNDS.—Amounts made avail- mation described in such subparagraph and (1) the difficulties such centers face in rais- able under this subsection may only be used the criteria set forth under clause (ii) of this ing non-Federal funds; for grant awards and may not be used for subparagraph; and (2) the difficulties such centers face in costs incurred by the Administration in con- ‘‘(II) whenever practicable, as part of the competing for financial assistance, non-Fed- nection with the management and adminis- final selection process, conduct a site visit to eral funds, or other types of assistance; tration of the program under this section. each women’s business center for which a (3) the difficulties such centers face in ‘‘(3) CONTINUING GRANT AND COOPERATIVE grant under this subsection is sought. writing grant proposals; and AGREEMENT AUTHORITY.— ELECTION CRITERIA (4) other difficulties such centers face be- ‘‘(ii) S .— ‘‘(A) PROMPT DISBURSEMENT.—Upon receiv- ‘‘(I) IN GENERAL.—The Administrator shall cause of the economy in the type of covered ing funds to carry out this section for a fis- area in which such centers are located. evaluate applicants for grants under this cal year, the Administrator shall, to the ex- subsection in accordance with selection cri- (b) REPORT.—Not later than 1 year after tent practicable, promptly reimburse funds the date of enactment of this Act, the Comp- teria that are— to any women’s business center awarded fi- troller General shall submit to Congress a ‘‘(aa) established before the date on which nancial assistance under this section if the report containing the results of the study applicants are required to submit the appli- center meets the eligibility requirements under subsection (a), which shall include rec- cations; under this section. ommendations, if any, regarding how to— ‘‘(bb) stated in terms of relative impor- ‘‘(B) SUSPENSION OR TERMINATION.—If the (1) address the unique difficulties women’s tance; and Administrator has entered into a grant or business centers located in covered areas ‘‘(cc) publicly available and stated in each cooperative agreement with a women’s busi- face because of the type of covered area in solicitation for applications for grants under ness center under this section, the Adminis- which such centers are located; this subsection made by the Administrator. trator may not suspend or terminate the (2) expand the presence of, and increase the ‘‘(II) REQUIRED CRITERIA.—The selection grant or cooperative agreement, unless the criteria for a grant under this subsection Administrator— services provided by, women’s business cen- shall include— ‘‘(i) provides the women’s business center ters located in covered areas; and ‘‘(aa) the total number of entrepreneurs with written notification setting forth the (3) best use technology and other resources to better serve women business owners lo- served by the applicant; reasons for that action; and cated in covered areas. ‘‘(bb) the total number of new startup com- ‘‘(ii) affords the women’s business center (c) DEFINITION OF COVERED AREA.—In this panies assisted by the applicant; an opportunity for a hearing, appeal, or section, the term ‘‘covered area’’ means— ‘‘(cc) the percentage of clients of the appli- other administrative proceeding under chap- (1) any State that is predominantly rural, cant that are socially or economically dis- ter 5 of title 5, United States Code.’’; as determined by the Administrator; advantaged; and (D) in subsection (m)— (2) any State that is predominantly urban, ‘‘(dd) the percentage of individuals in the (i) in paragraph (2), by striking ‘‘sub- as determined by the Administrator; and community served by the applicant who are section (b) or (l)’’ and inserting ‘‘this sub- (3) any State or territory that is an island. socially or economically disadvantaged. section or subsection (b)’’; and SEC. 426. STUDY AND REPORT ON OVERSIGHT OF ‘‘(iii) CONDITIONS FOR CONTINUED FUNDING.— (ii) in paragraph (4)(D), by striking ‘‘or WOMEN’S BUSINESS CENTERS. In determining whether to make a grant subsection (l)’’; and under this subsection, the Administrator— (E) by redesignating subsections (m) and (a) STUDY.—The Comptroller General of ‘‘(I) shall consider the results of the most (n), as amended by this division, as sub- the United States shall conduct a study of the oversight of women’s business centers by recent evaluation of the women’s business sections (l) and (m), respectively. the Administrator, which shall include— center for which a grant under this sub- (2) PROSPECTIVE REPEAL.—Section 1401(c)(2) (1) an analysis of the coordination by the section is sought, and, to a lesser extent, of the Small Business Jobs Act of 2010 (15 Administrator of the activities of women’s previous evaluations; and U.S.C. 636 note) is amended— business centers with the activities of small ‘‘(II) may withhold a grant under this sub- (A) in subparagraph (A), by striking ‘‘and’’ business development centers, the Service section, if the Administrator determines at the end; Corps of Retired Executives, and Veterans that the applicant has failed to provide the (B) in subparagraph (B), by striking the pe- Business Outreach Centers; information required to be provided under riod at the end and inserting ‘‘; and’’; and (2) a comparison of the types of individuals this paragraph, or the information provided (C) by adding at the end the following: and small business concerns served by wom- by the applicant is inadequate. ‘‘(C) by redesignating paragraph (6), as added by section 424(a)(3)(E) of the Women’s en’s business centers and the types of indi- ‘‘(D) NOTIFICATION.—Not later than 60 days viduals and small business concerns served after the date of each deadline to submit ap- Small Business Ownership Act of 2012, as by small business development centers, the plications, the Administrator shall approve paragraph (5).’’. (c) EFFECT ON EXISTING GRANTS.— Service Corps of Retired Executives, and or deny any application under this paragraph (1) TERMS AND CONDITIONS.—A nonprofit or- Veterans Business Outreach Centers; and and notify the applicant for each such appli- ganization receiving a grant under section (3) an analysis of performance data for cation of the approval or denial. 29(m) of the Small Business Act (15 U.S.C. women’s business centers that evaluates how ‘‘(E) RECORD RETENTION.—The Adminis- 656(m)), as in effect on the day before the well women’s business centers are carrying trator shall maintain a copy of each applica- date of enactment of this Act, shall continue out the mission of women’s business centers tion submitted under this paragraph for not to receive the grant under the terms and and serving individuals and small business less than 7 years.’’; and conditions in effect for the grant on the day concerns. (B) by striking paragraph (5) and inserting before the date of enactment of this Act, ex- (b) REPORT.—Not later than 1 year after the following: cept that the nonprofit organization may not the date of enactment of this Act, the Comp- ‘‘(5) AWARD TO PREVIOUS RECIPIENTS.— apply for a renewal of the grant under sec- troller General shall submit to Congress a There shall be no limitation on the number tion 29(m)(5) of the Small Business Act (15 report containing the results of the study of times the Administrator may award a U.S.C. 656(m)(5)), as in effect on the day be- under subsection (a), which shall include rec- grant to an applicant under this sub- fore the date of enactment of this Act. ommendations, if any, for eliminating the section.’’. (2) LENGTH OF RENEWAL GRANT.—The Ad- duplication of services provided by women’s (b) TECHNICAL AND CONFORMING AMEND- ministrator may award a grant under section business centers, small business development MENTS.— 29(l) of the Small Business Act, as so redesig- centers, the Service Corps of Retired Execu- (1) IN GENERAL.—Section 29 of the Small nated by subsection (b)(1)(E) of this section, tives, and Veterans Business Outreach Cen- Business Act (15 U.S.C. 656) is amended— to a nonprofit organization receiving a grant ters.

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Subtitle C—Strengthening America’s Small geographic proximity, if the small business (b) CORPORATION.—On and after the date of Business Development Centers concerns are located in an area for which the enactment of this Act, the National Vet- SEC. 431. INSTITUTIONS OF HIGHER EDUCATION. President has declared a major disaster erans Business Development Corporation and Section 21 of the Small Business Act (15 under section 401 of the Robert T. Stafford any successor thereto may not represent U.S.C. 648) is amended— Disaster Relief and Emergency Assistance that the corporation is federally chartered or (1) in subsection (a)(1), by striking ‘‘: Pro- Act (42 U.S.C. 5170), during the period of the in any other manner authorized by the Fed- vided, That’’ and all that follows through ‘‘on declaration. eral Government. such date.’’ and inserting the following: ‘‘. ‘‘(ii) CONTINUITY OF SERVICES.—A small (c) TECHNICAL AND CONFORMING AMEND- On and after December 31, 2013, the Adminis- business development center that provides MENTS.— trator may only make a grant under this counselors to an area described in clause (i) (1) SMALL BUSINESS ACT.—The Small Busi- paragraph to an applicant that is an institu- shall, to the maximum extent practicable, ness Act (15 U.S.C. 631 et seq.), as amended tion of higher education, as defined in sec- ensure continuity of services in any State in by this section, is amended— tion 101(a) of the Higher Education Act of which the small business development center (A) by redesignating sections 34 through 45 1965 (20 U.S.C. 1001(a)), that is accredited otherwise provides services. as sections 33 through 44, respectively; (and not merely in preaccreditation status) ‘‘(iii) ACCESS TO DISASTER RECOVERY FACILI- (B) in section 9(k)(1)(D) (15 U.S.C. by a nationally recognized accrediting agen- TIES.—For purposes of this subparagraph, the 638(k)(1)(D)), by striking ‘‘section 34(d)’’ and cy or association recognized by the Sec- Administrator shall, to the maximum extent inserting ‘‘section 33(d)’’; retary of Education for such purpose in ac- practicable, permit the personnel of a small (C) in section 33 (15 U.S.C. 657d), as so re- cordance with section 496 of that Act (20 business development center to use any site designated— U.S.C. 1099b).’’; and or facility designated by the Administrator (i) by striking ‘‘section 35’’ each place it (2) in subsection (c)(3)(K), by inserting for use to provide disaster recovery assist- appears and inserting ‘‘section 34’’; ‘‘public and private institutions of higher ance.’’. (ii) in subsection (a)— education (including universities, commu- SEC. 434. TERMINATION OF SMALL BUSINESS DE- (I) in paragraph (2), by striking ‘‘section nity colleges, and junior colleges),’’ before VELOPMENT CENTER DEFENSE ECO- 35(c)(2)(B)’’ and inserting ‘‘section ‘‘local and regional private consultants’’. NOMIC TRANSITION ASSISTANCE. 34(c)(2)(B)’’; (a) IN GENERAL.—Section 21(c)(3) of the (II) in paragraph (4), by striking ‘‘section SEC. 432. UPDATING FUNDING LEVELS FOR Small Business Act (15 U.S.C. 648(c)(3)) is SMALL BUSINESS DEVELOPMENT 35(c)(2)’’ and inserting ‘‘section 34(c)(2)’’; and CENTERS. amended— (III) in paragraph (5), by striking ‘‘section (a) MINIMUM FUNDING LEVELS.—Section (1) by striking subparagraph (G); and 35(c)’’ and inserting ‘‘section 34(c)’’; and 21(a)(4)(C) of the Small Business Act (15 (2) by redesignating subparagraphs (H) (iii) in subsection (h)(2), by striking ‘‘sec- U.S.C. 648(a)(4)(C)) is amended— through (T) as subparagraphs (G) through tion 35(d)’’ and inserting ‘‘section 34(d)’’; (1) in clause (iii)— (S), respectively. (D) in section 34 (15 U.S.C. 657e), as so re- (A) by striking ‘‘$90,000,000’’ each place (b) TECHNICAL AND CONFORMING AMEND- designated— that term appears and inserting MENTS.—Section 21(a) of the Small Business (i) by striking ‘‘section 34’’ each place it ‘‘$98,500,000’’; Act (15 U.S.C. 648(a)) is amended— appears and inserting ‘‘section 33’’; and (B) by striking ‘‘$81,500,000’’ each place (1) in paragraph (4)(C)(vi), by striking ‘‘or (ii) in subsection (c)(1), by striking section that term appears and inserting (c)(3)(G)’’; and ‘‘34(c)(1)(E)(ii)’’ and inserting section ‘‘$90,000,000’’; and (2) in paragraph (6), by striking ‘‘subpara- ‘‘33(c)(1)(E)(ii)’’; (C) by striking ‘‘$500,000’’ each place that graphs (B) through (G) of subsection (c)(3)’’ (E) in section 36(d) (15 U.S.C. 657i(d)), as so term appears and inserting ‘‘$600,000’’; and inserting ‘‘subparagraphs (B) through redesignated, by striking ‘‘section 43’’ and (2) in clause (v)(II), by striking ‘‘if the (F) of subsection (c)(3)’’. inserting ‘‘section 42’’; usage’’ and all that follows through the end (c) EXISTING GRANTS.—Nothing in this sec- (F) in section 39(d) (15 U.S.C. 657l(d)), as so of the subclause and inserting a period; and tion shall affect any grant made to a small redesignated, by striking ‘‘section 43’’ and (3) in clause (v), by striking subclause (I) business development center before the date inserting ‘‘section 42’’; and and inserting the following: of enactment of this Act under section (G) in section 40(b) (15 U.S.C. 657m(b)), as 21(c)(3)(G) of the Small Business Act (15 ‘‘(I) IN GENERAL.—Of the amounts made so redesignated, by striking ‘‘section 43’’ and available in any fiscal year to carry out this U.S.C. 648(c)(3)(G)), as in effect on the day inserting ‘‘section 42’’. section— before the date of enactment of this Act, and (2) TITLE 10.—Section 1142(b)(13) of title 10, ‘‘(aa) not more than $50,000 may be used by any such grant shall be subject to such sec- United States Code, is amended by striking the Administration to pay the expenses enu- tion 21(c)(3)(G), as in effect on the day before ‘‘and the National Veterans Business Devel- merated in subparagraph (B) of section the date of enactment of this Act. opment Corporation’’. 20(a)(1); SEC. 435. NATIONAL SMALL BUSINESS DEVELOP- (3) TITLE 38.—Section 3452(h) of title 38, ‘‘(bb) not more than $500,000 may be used MENT CENTER ADVISORY BOARD. United States Code, is amended by striking by the Administration to pay the expenses (a) IN GENERAL.—Section 21(i)(1) of the ‘‘any of the’’ and all that follows and insert- enumerated in subparagraph (C) of section Small Business Act (15 U.S.C. 648(i)(1)) is ing ‘‘any small business development center 20(a)(1); and amended— described in section 21 of the Small Business ‘‘(cc) not more than $250,000 may be used (1) in the first sentence, by striking ‘‘nine Act (15 U.S.C. 648), insofar as such center of- by the Administration to pay the expenses members’’ and inserting ‘‘10 members’’; fers, sponsors, or cosponsors an entrepre- enumerated in subparagraph (D) of section (2) in the second sentence, by striking neurship course, as that term is defined in 20(a)(1).’’. ‘‘six’’ and inserting ‘‘the members who are section 3675(c)(2).’’. (b) AUTHORIZATION OF APPROPRIATIONS.— not from universities or their affiliates’’; (4) FOOD, CONSERVATION, AND ENERGY ACT Section 21(a)(4)(C)(vii) of the Small Business (3) by striking the third sentence; and OF 2008.—Section 12072(c)(2) of the Food, Con- Act (15 U.S.C. 648(a)(4)(C)(vii)) is amended to (4) in the fourth sentence— servation, and Energy Act of 2008 (15 U.S.C. read as follows: (A) by striking ‘‘Succeeding Boards’’ and 636g(c)(2)) is amended by striking ‘‘section 43 ‘‘(vii) AUTHORIZATION OF APPROPRIATIONS.— inserting ‘‘The members of the Board’’; and of the Small Business Act, as added by this There are authorized to be appropriated to (B) by inserting ‘‘not less than’’ before Act’’ and inserting ‘‘section 42 of the Small carry out this subparagraph— ‘‘one-third’’. Business Act (15 U.S.C. 657o)’’. ‘‘(I) $135,000,000 for fiscal year 2013; (b) INCUMBENTS.—An individual serving as (5) VETERANS ENTREPRENEURSHIP AND ‘‘(II) $135,000,000 for fiscal year 2014; and a member of the National Small Business SMALL BUSINESS DEVELOPMENT ACT OF 1999.— ‘‘(III) $135,000,000 for fiscal year 2015.’’. Development Center Advisory Board on the Section 203(c)(5) of the Veterans Entrepre- date of enactment of this Act may continue neurship and Small Business Development SEC. 433. ASSISTANCE TO OUT-OF-STATE SMALL to serve on the Board until the end of the BUSINESSES. Act of 1999 (15 U.S.C. 657b note) is amended term of the member under section 21(i)(1) of Section 21(b)(3) of the Small Business Act by striking ‘‘In cooperation with the Na- the Small Business Act (15 U.S.C. 648(i)(1)), (15 U.S.C. 648(b)(3)) is amended— tional Veterans Business Development Cor- as in effect on the day before such date of en- (1) by striking ‘‘(3) At the discretion’’ and poration, develop’’ and inserting ‘‘Develop’’. actment. inserting the following: TITLE V—ACCESS TO GOVERNMENT ‘‘(3) ASSISTANCE TO OUT-OF-STATE SMALL SEC. 436. REPEAL OF PAUL D. COVERDELL DRUG- CONTRACTING FREE WORKPLACE PROGRAM. BUSINESSES.— Subtitle A—Bonds Section 27 of the Small Business Act (15 ‘‘(A) IN GENERAL.—At the discretion’’; and U.S.C. 654) is repealed. SEC. 511. REMOVAL OF SUNSET DATES FOR CER- (2) by adding at the end the following: TAIN PROVISIONS OF THE SMALL ‘‘(B) DISASTER RECOVERY ASSISTANCE.— Subtitle D—Terminating the National BUSINESS INVESTMENT ACT OF 1958. ‘‘(i) IN GENERAL.—At the discretion of the Veterans Business Development Corporation (a) MAXIMUM BOND AMOUNT.—Section Administrator, the Administrator may au- SEC. 441. NATIONAL VETERANS BUSINESS DEVEL- 411(a)(1) of the Small Business Investment thorize a small business development center OPMENT CORPORATION. Act of 1958 (15 U.S.C. 694b(a)(1)) is amended to provide assistance, as described in sub- (a) IN GENERAL.—The Small Business Act by striking ‘‘does not exceed’’ and all that section (c), to small business concerns lo- (15 U.S.C. 631 et seq.) is amended by striking follows and inserting ‘‘does not exceed cated outside of the State, without regard to section 33 (15 U.S.C. 657c). $5,000,000.’’.

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(b) DENIAL OF LIABILITY.—Section 411(e)(2) contract, grant, or cooperative agreement amended by striking ‘‘means a veteran’’ and of the Small Business Investment Act of 1958 described in paragraph (1)(A), (g), or (h), re- all that follows and inserting the following: (15 U.S.C. 694b(e)(2)) is amended by striking spectively. ‘‘means— ‘‘bonds exceeds’’ and all that follows and in- ‘‘(B) In the case of a violation of subpara- ‘‘(A) a veteran with a service-connected serting ‘‘bonds exceeds $5,000,000,’’. graph (B) or (C) of paragraph (1), for the pur- disability rated by the Secretary of Veterans Subtitle B—Small Business Contracting pose of a proceeding described in subpara- Affairs as zero percent or more disabling; or Fraud Prevention graph (A) or (C) of paragraph (2), the amount ‘‘(B) a former member of the Armed Forces of the loss to the Federal Government or the who is retired, separated, or placed on the SEC. 521. SHORT TITLE. damages sustained by the Federal Govern- This subtitle may be cited as the ‘‘Small temporary disability retired list for physical ment, as applicable, shall be an amount disability under chapter 61 of title 10, United Business Contracting Fraud Prevention Act equal to the portion of any payment by the of 2012’’. States Code.’’. Federal Government under a prime contract (b) VETERANS CONTRACTING.—Section 4 of SEC. 522. DEFINITIONS. that was used for a subcontract described in the Small Business Act (15 U.S.C. 633), as In this subtitle— subparagraph (B) or (C) of paragraph (1), re- amended by this division, is amended by add- (1) the term ‘‘8(a) program’’ means the pro- spectively. ing at the end the following: gram under section 8(a) of the Small Busi- ‘‘(C) In a proceeding described in subpara- ‘‘(i) VETERAN STATUS.— ness Act (15 U.S.C. 637(a)); graph (A) or (B), no credit shall be applied ‘‘(1) IN GENERAL.—A business concern seek- (2) the terms ‘‘Administration’’ and ‘‘Ad- against any loss or damages to the Federal ing status as a small business concern owned ministrator’’ mean the Small Business Ad- Government for the fair market value of the and controlled by service-disabled veterans ministration and the Administrator thereof, property or services provided to the Federal shall— respectively; Government.’’; ‘‘(A) submit an annual certification indi- (3) the terms ‘‘HUBZone’’ and ‘‘HUBZone (2) by striking subsection (e) and inserting cating that the business concern is a small small business concern’’ and ‘‘HUBZone the following: business concern owned and controlled by map’’ have the meanings given those terms ‘‘(e) Any representation of the status of service-disabled veterans by means of the in section 3(p) of the Small Business Act (15 any concern or person as a small business Online Representations and Certifications concern, a HUBZone small business concern, U.S.C. 632(p)), as amended by this division; Application process required under section a small business concern owned and con- and 4.1201 of the Federal Acquisition Regulation, trolled by socially and economically dis- (4) the term ‘‘recertification’’ means a de- or any successor thereto; and advantaged individuals, a small business termination by the Administrator that a ‘‘(B) register with— business concern that was previously deter- concern owned and controlled by women, or a small business concern owned and con- ‘‘(i) the Central Contractor Registration mined to be a qualified HUBZone small busi- database maintained under subpart 4.11 of ness concern is a qualified HUBZone small trolled by service-disabled veterans, in order to obtain any prime contract, subcontract, the Federal Acquisition Regulation, or any business concern under section 3(p)(5) of the successor thereto; and Small Business Act (15 U.S.C. 632(p)(5)). grant, or cooperative agreement described in subsection (d)(1) shall be made in writing or ‘‘(ii) the VetBiz database of the Depart- SEC. 523. FRAUD DETERRENCE AT THE SMALL through the Online Representations and Cer- ment of Veterans Affairs, or any successor BUSINESS ADMINISTRATION. thereto. Section 16 of the Small Business Act (15 tifications Application process required under section 4.1201 of the Federal Acquisi- ‘‘(2) VERIFICATION OF STATUS.— U.S.C. 645) is amended— ‘‘(A) VETERANS AFFAIRS.—The Secretary of (1) in subsection (d)— tion Regulation, or any successor thereto.’’; and Veterans Affairs shall determine whether a (A) in paragraph (1)— business concern registered with the VetBiz (i) in the matter preceding subparagraph (3) by adding at the end the following: ‘‘(g) A person shall be subject to the pen- database of the Department of Veterans Af- (A), by striking ‘‘Whoever’’ and all that fol- alties and remedies described in subsection fairs, or any successor thereto, as a small lows through ‘‘oneself or another’’ and in- (d)(2) if the person misrepresents the status business concern owned and controlled by serting the following: ‘‘A person shall be sub- of any concern or person as a small business veterans or a small business concern owned ject to the penalties and remedies described concern, a qualified HUBZone small business and controlled by service-disabled veterans in paragraph (2) if the person misrepresents concern, a small business concern owned and is owned and controlled by a veteran or a the status of any concern or person as a controlled by socially and economically dis- service-disabled veteran, as the case may be. small business concern, a qualified HUBZone advantaged individuals, a small business ‘‘(B) FEDERAL AGENCIES GENERALLY.—The small business concern, a small business con- concern owned and controlled by women, or head of each Federal agency shall— cern owned and controlled by socially and a small business concern owned and con- ‘‘(i) for a sole source contract awarded to a economically disadvantaged individuals, a trolled by service-disabled veterans— small business concern owned and controlled small business concern owned and controlled ‘‘(1) in order to allow any person to partici- by service-disabled veterans or a contract by women, or a small business concern pate in any program of the Administration; awarded with competition restricted to owned and controlled by service-disabled or small business concerns owned and con- veterans, in order to obtain for any person’’; ‘‘(2) in relation to a protest of a contract trolled by service-disabled veterans under (ii) by amending subparagraph (A) to read award or proposed contract award made section 35, determine whether a business as follows: under regulations issued by the Administra- concern submitting a proposal for the con- ‘‘(A) prime contract, subcontract, grant, or tion. tract is a small business concern owned and cooperative agreement to be awarded under ‘‘(h)(1) A person that submits a request for controlled by service-disabled veterans; and subsection (a) or (m) of section 8, or section payment on a contract or subcontract that is ‘‘(ii) use the VetBiz database of the Depart- 9, 15, 31, or 35;’’; awarded under subsection (a) or (m) of sec- ment of Veterans Affairs, or any successor (iii) by striking subparagraph (B); tion 8, or section 9, 15, 31, or 35, shall be thereto, in determining whether a business (iv) by redesignating subparagraphs (C) and deemed to have submitted a certification concern is a small business concern owned (D) as subparagraphs (B) and (C), respec- that the person complied with regulations and controlled by service-disabled veterans. tively; and issued by the Administration governing the ‘‘(3) DEBARMENT AND SUSPENSION.—If the (v) in subparagraph (C), as so redesignated, percentage of work that the person is re- Administrator determines that a business by striking ‘‘, shall be’’ and all that follows quired to perform on the contract or sub- concern knowingly and willfully misrepre- and inserting a period; contract, unless the person states, in writ- sented that the business concern is a small (B) in paragraph (2)— ing, that the person did not comply with the business concern owned and controlled by (i) by redesignating subparagraphs (C) and regulations. service-disabled veterans, the Administrator (D) as subparagraphs (D) and (E), respec- ‘‘(2) A person shall be subject to the pen- may debar or suspend the business concern tively; and alties and remedies described in subsection from contracting with the United States.’’. (ii) by inserting after subparagraph (B) the (d)(2) if the person— (c) INTEGRATION OF DATABASES.—The Ad- following: ‘‘(A) uses the services of a business other ministrator for Federal Procurement Policy ‘‘(C) be subject to the civil remedies under than the business awarded the contract or and the Secretary of Veterans Affairs shall subchapter III of chapter 37 of title 31, subcontract to perform a greater percentage ensure that data is shared on an ongoing United States Code (commonly known as the of work under a contract than is permitted basis between the VetBiz database of the De- ‘False Claims Act’);’’; and by regulations issued by the Administration; partment of Veterans Affairs and the Central (C) by adding at the end the following: or Contractor Registration database main- ‘‘(3)(A) In the case of a violation of para- ‘‘(B) willfully participates in a scheme to tained under subpart 4.11 of the Federal Ac- graph (1)(A) or subsection (g) or (h), for pur- circumvent regulations issued by the Admin- quisition Regulation. poses of a proceeding described in subpara- istration governing the percentage of work (d) EFFECTIVE DATE.— graph (A) or (C) of paragraph (2), the amount that a contractor is required to perform on a (1) IN GENERAL.—The amendment made by of the loss to the Federal Government or the contract.’’. subsection (b) and the requirements under damages sustained by the Federal Govern- SEC. 524. VETERANS INTEGRITY IN CON- subsection (c) shall take effect on the date ment, as applicable, shall be an amount TRACTING. on which the Secretary of Veterans Affairs equal to the amount that the Federal Gov- (a) DEFINITION.—Section 3(q)(1) of the (referred to in this subsection as the ‘‘Sec- ernment paid to the person that received a Small Business Act (15 U.S.C. 632(q)(1)) is retary’’) publishes in the Federal Register a

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HUBZONE IMPROVEMENTS. U.S.C. 632(p)(4)(C)(i)) is amended to read as timate of the date on which the Secretary (a) PURPOSE.—The purpose of this section follows: will publish the determination under para- is to reform and improve the HUBZone pro- ‘‘(i) 3 years after the first date on which graph (1) to the Committee on Small Busi- gram of the Administration. the Administrator publishes a HUBZone map (b) IN GENERAL.—The Administrator ness and Entrepreneurship and the Com- that is based on the results from the 2010 de- shall— mittee on Veterans’ Affairs of the Senate cennial census; or’’. and the Committee on Small Business and (1) ensure the HUBZone map is— the Committee on Veterans’ Affairs of the (A) accurate and up-to-date; and SEC. 527. ANNUAL REPORT ON SUSPENSION, DE- BARMENT, AND PROSECUTION. House of Representatives. (B) revised as new data is made available to maintain the accuracy and currency of The Administrator shall submit an annual SEC. 525. SECTION 8(a) PROGRAM IMPROVE- the HUBZone map; MENTS. report to the Committee on Small Business (2) implement policies for ensuring that and Entrepreneurship of the Senate and the (a) REVIEW OF EFFECTIVENESS.—Section only HUBZone small business concerns de- Committee on Small Business of the House 8(a) of the Small Business Act (15 U.S.C. termined to be qualified under section 3(p)(5) of Representatives that contains— 637(a)) is amended by adding at the end the of the Small Business Act (15 U.S.C. 632(p)(5)) (1) the number of debarments from partici- following: are participating in the HUBZone program, pation in programs of the Administration ‘‘(22) Not later than 3 years after the date including through the appropriate use of issued by the Administrator during the 1- of enactment of this paragraph, and every 3 technology to control costs and maximize, year period preceding the date of the report, years thereafter, the Comptroller General of among other benefits, uniformity, complete- including— the United States shall— ness, simplicity, and efficiency; (A) the number of debarments that were ‘‘(A) conduct an evaluation of the effec- (3) submit to the Committee on Small based on a conviction; and tiveness of the program under this sub- Business and Entrepreneurship of the Senate (B) the number of debarments that were section, including an examination of— and the Committee on Small Business of the fact-based and did not involve a conviction; ‘‘(i) the number and size of contracts ap- House of Representatives a report regarding (2) the number of suspensions from partici- plied for, as compared to the number re- any application to be designated as a pation in programs of the Administration ceived by, small business concerns after suc- HUBZone small business concern or for re- issued by the Administrator during the 1- cessfully completing the program; certification for which the Administrator year period preceding the date of the report, ‘‘(ii) the percentage of small business con- has not made a determination as of the date including— cerns that continue to operate during the 3- that is 60 days after the date on which the (A) the number of suspensions issued that year period beginning on the date on which application was submitted or initiated, were based upon indictments; and the small business concerns successfully which shall include a plan and timetable for (B) the number of suspensions issued that complete the program; ensuring the timely processing of the appli- were fact-based and did not involve an in- ‘‘(iii) whether the business of small busi- cations; and dictment; ness concerns increases during the 3-year pe- (4) develop measures and implement plans (3) the number of suspension and riod beginning on the date on which the to assess the effectiveness of the HUBZone debarments issued by the Administrator dur- small business concerns successfully com- program that— ing the 1-year period preceding the date of plete the program; and (A) require the identification of a baseline the report that were based upon referrals ‘‘(iv) the number of training sessions of- point in time to allow the assessment of eco- from offices of the Administration, other fered under the program; and nomic development under the HUBZone pro- than the Office of Inspector General; ‘‘(B) submit to the Committee on Small gram, including creating additional jobs; and (4) the number of suspension and Business and Entrepreneurship of the Senate (B) take into account— debarments issued by the Administrator dur- and the Committee on Small Business of the (i) the economic characteristics of the ing the 1-year period preceding the date of House of Representatives a report regarding HUBZone; and the report based upon referrals from the Of- each evaluation under subparagraph (A).’’. (ii) contracts being counted under multiple fice of Inspector General; and (b) OTHER IMPROVEMENTS.—In order to im- socioeconomic subcategories. (5) the number of persons that the Admin- prove the 8(a) program, the Administrator (c) EMPLOYMENT PERCENTAGE.—Section 3(p) istrator declined to debar or suspend after a shall— of the Small Business Act (15 U.S.C. 632(p)) is referral described in paragraph (8), and the (1) not later than 90 days after the date of amended— reason for each such decision. enactment of this Act, begin to— (1) in paragraph (5), by adding at the end (A) evaluate the feasibility of— the following: Subtitle C—Fairness in Women-Owned Small (i) using additional third-party data ‘‘(E) EMPLOYMENT PERCENTAGE DURING IN- Business Contracting sources; TERIM PERIOD.— SEC. 531. SHORT TITLE. (ii) making unannounced visits of sites ‘‘(i) DEFINITION.—In this subparagraph, the that are selected randomly or using risk- term ‘interim period’ means the period be- This subtitle may be cited as the ‘‘Fairness based criteria; ginning on the date on which the Adminis- in Women-Owned Small Business Con- (iii) using fraud detection tools, including trator determines that a HUBZone small tracting Act of 2012’’. data-mining techniques; and business concern is qualified under subpara- SEC. 532. PROCUREMENT PROGRAM FOR WOMEN- (iv) conducting financial and analytical graph (A) and ending on the day before the OWNED SMALL BUSINESS CON- training for the business opportunity spe- date on which a contract under the HUBZone CERNS. cialists of the Administration; program for which the HUBZone small busi- Section 8(m) of the Small Business Act (15 (B) evaluate the feasibility and advis- ness concern submits a bid is awarded. U.S.C. 637(m)) is amended— ability of amending regulations applicable to ‘‘(ii) INTERIM PERIOD.—During the interim (1) in paragraph (2)— the 8(a) program to require that calculations period, the Administrator may not deter- (A) in subparagraph (A), by striking ‘‘who of the adjusted net worth or total assets of mine that the HUBZone small business is not are economically disadvantaged’’; an individual include assets held by the qualified under subparagraph (A) based on a (B) in subparagraph (C), by striking ‘‘para- spouse of the individual; and failure to meet the applicable employment graph (3)’’ and inserting ‘‘paragraph (4)’’; (C) develop a more consistent enforcement percentage under subparagraph (A)(i)(I), un- (C) by striking subparagraph (D); and strategy that includes the suspension or de- less the HUBZone small business concern— (D) by redesignating subparagraphs (E) and barment of contractors that knowingly ‘‘(I) has not attempted to maintain the ap- (F) as subparagraphs (D) and (E), respec- make misrepresentations in order to qualify plicable employment percentage under sub- tively; and for the 8(a) program; and paragraph (A)(i)(I); or (2) by adding at the end the following:

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‘‘(7) SOLE SOURCE CONTRACTS.—A con- sition strategies, market research, and jus- SEC. 543. SMALL BUSINESS PROCUREMENT ADVI- tracting officer may award a sole source con- tifications related to section 43 of this Act; SORY COUNCIL. tract under this subsection to a small busi- ‘‘(13) may provide training to small busi- (a) DUTIES.—Section 7104(b) of the Federal ness concern owned and controlled by women ness concerns and contract specialists, ex- Acquisition Streamlining Act of 1994 (15 under the same conditions as a sole source cept that such training may only be provided U.S.C. 644 note) is amended— contract may be awarded to a qualified to the extent that the training does not (1) in paragraph (1) by striking ‘‘and’’ at HUBZone small business concern under sec- interfere with the Director carrying out the end; tion 31(b)(2)(A).’’. other responsibilities under this subsection; (2) in paragraph (2) by striking ‘‘authori- ties.’’ and inserting ‘‘authorities;’’; and SEC. 533. STUDY AND REPORT ON REPRESENTA- ‘‘(14) shall carry out exclusively the duties TION OF WOMEN. enumerated in this Act, and shall, while the (3) by adding at the end the following: Section 29 of the Small Business Act (15 Director, not hold any other title, position, ‘‘(3) to conduct reviews of each Office of U.S.C. 656), as amended by section 424 of this or responsibility, except as necessary to Small and Disadvantaged Business Utiliza- division, is amended by adding at the end the carry out responsibilities under this sub- tion established under section 15(k) of the following: section; Small Business Act (15 U.S.C. 644(k)) to de- ‘‘(n) STUDY AND REPORT ON REPRESENTA- ‘‘(15) shall submit, each fiscal year, to the termine the compliance of each Office with TION OF WOMEN.— Committee on Small Business of the House requirements under such section; ‘‘(4) to identify best practices for maxi- ‘‘(1) STUDY.—The Administrator shall peri- of Representatives and the Committee on odically conduct a study to identify any Small Business and Entrepreneurship of the mizing small business utilization in Federal United States industry, as defined under the Senate a report describing— contracting that may be implemented by North American Industry Classification Sys- ‘‘(A) the training provided by the Director Federal agencies having procurement pow- tem, in which women are underrepresented. under paragraph (13) in the most recently ers; and ‘‘(5) to submit, annually, to the Committee ‘‘(2) REPORT.—Not later than 5 years after completed fiscal year; on Small Business of the House of Represent- the date of enactment of this subsection, and ‘‘(B) the percentage of the budget of the atives and the Committee on Small Business every 5 years thereafter, the Administrator Director used for such training in the most and Entrepreneurship of the Senate a report shall submit to the Committee on Small recently completed fiscal year; and describing— Business and Entrepreneurship of the Senate ‘‘(C) the percentage of the budget of the Di- ‘‘(A) the comments submitted under para- and the Committee on Small Business of the rector used for travel in the most recently graph (2) during the 1-year period ending on House of Representatives a report on the re- completed fiscal year; and the date on which the report is submitted, sults of each study under paragraph (1) con- ‘‘(16) shall have not less than 10 years of including any outcomes related to the com- ducted during the 5-year period ending on relevant procurement experience.’’. ments; the date of the report.’’. (e) TECHNICAL AMENDMENTS.—Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), ‘‘(B) the results of reviews conducted under Subtitle D—Small Business Champion as amended by subsection (d), is further paragraph (3) during such 1-year period; and SEC. 541. SHORT TITLE. amended— ‘‘(C) best practices identified under para- This subtitle may be cited as the ‘‘Small (1) in the matter preceding paragraph (1) graph (4) during such 1-year period.’’. Business Champion Act of 2012’’. by striking ‘‘who shall’’ and inserting (b) MEMBERSHIP.—Section 7104(c) of the SEC. 542. OFFICES OF SMALL AND DISADVAN- ‘‘who’’; Federal Acquisition Streamlining Act of 1994 TAGED BUSINESS UTILIZATION. (2) in paragraph (1)— (15 U.S.C. 644 note) is amended by striking (a) APPOINTMENT AND POSITION OF DIREC- (A) by striking ‘‘be known’’ and inserting ‘‘(established under section 15(k) of the TOR.—Section 15(k)(2) of the Small Business ‘‘shall be known’’; and Small Business Act (15 U.S.C. 644(k))’’. Act (15 U.S.C. 644(k)(2)) is amended by strik- (B) by striking ‘‘such agency,’’ and insert- (c) CHAIRMAN.—Section 7104(d) of the Fed- ing ‘‘such agency,’’ and inserting ‘‘such ing ‘‘such agency;’’; eral Acquisition Streamlining Act of 1994 (15 agency to a position that is a Senior Execu- (3) in paragraph (2) by striking ‘‘be ap- U.S.C. 644 note) is amended by inserting after ‘‘Small Business Administration’’ the tive Service position (as such term is defined pointed by’’ and inserting ‘‘shall be ap- following: ‘‘(or the designee of the Adminis- under section 3132(a) of title 5, United States pointed by’’; trator)’’. Code), except that, for any agency in which (4) in paragraph (3)— the positions of Chief Acquisition Officer and (A) by striking ‘‘director’’ and inserting TITLE VI—TRANSPARENCY, senior procurement executive (as such terms ‘‘Director’’; and ACCOUNTABILITY, AND EFFECTIVENESS are defined under section 43(a) of this Act) (B) by striking ‘‘Secretary’s designee,’’ and Subtitle A—Small Business Common are not Senior Executive Service positions, inserting ‘‘Secretary’s designee;’’; Application the Director of Small and Disadvantaged (5) in paragraph (4)— SEC. 611. DEFINITIONS. Business Utilization may be appointed to a (A) by striking ‘‘be responsible’’ and in- In this subtitle— position compensated at not less than the serting ‘‘shall be responsible’’; and (1) the terms ‘‘Administration’’ and ‘‘Ad- minimum rate of basic pay payable for grade (B) by striking ‘‘such agency,’’ and insert- ministrator’’ mean the Small Business Ad- GS–15 of the General Schedule under section ing ‘‘such agency;’’; ministration and the Administrator thereof, 5332 of such title (including comparability (6) in paragraph (5) by striking ‘‘identify respectively; payments under section 5304 of such title);’’. proposed’’ and inserting ‘‘shall identify pro- (2) the term ‘‘Executive agency’’ has the (b) PERFORMANCE APPRAISALS.—Section posed’’; meaning given that term under section 105 of 15(k)(3) of the Small Business Act (15 U.S.C. (7) in paragraph (6) by striking ‘‘assist title 5, United States Code; 644(k)(3)) is amended— small’’ and inserting ‘‘shall assist small’’; (3) the term ‘‘Executive Committee’’ (1) by striking ‘‘be responsible only to, and (8) in paragraph (7)— means the Executive Committee on a Small report directly to, the head’’ and inserting (A) by striking ‘‘have supervisory’’ and in- Business Common Application established ‘‘shall be responsible only to (including with serting ‘‘shall have supervisory’’; and under section 613(a); respect to performance appraisals), and re- (B) by striking ‘‘this Act,’’ and inserting (4) the term ‘‘small business concern’’ has port directly and exclusively to, the head’’; ‘‘this Act;’’; the meaning given that term under section 3 and (9) in paragraph (8)— of the Small Business Act (15 U.S.C. 632); (2) by striking ‘‘be responsible only to, and (A) by striking ‘‘assign a’’ and inserting SEC. 612. SENSE OF CONGRESS. report directly to, such Secretary’’ and in- ‘‘shall assign a’’; and It is the sense of Congress that Executive serting ‘‘be responsible only to (including (B) by striking ‘‘the activity, and’’ and in- agencies should— with respect to performance appraisals), and serting ‘‘the activity; and’’; (1) reduce paperwork burdens on small report directly and exclusively to, such Sec- (10) in paragraph (9)— business concerns pursuant to section 3501 of retary’’. (A) by striking ‘‘cooperate, and’’ and in- title 44, United States Code; (c) SMALL BUSINESS TECHNICAL ADVISERS.— serting ‘‘shall cooperate, and’’; and (2) maximize the ability of small business Section 15(k)(8)(B) of the Small Business Act (B) by striking ‘‘subsection, and’’ and in- concerns to use common applications, where (15 U.S.C. 644(k)(8)(B)) is amended by strik- serting ‘‘subsection;’’; and practicable, and use consolidated web portals ing ‘‘and 15 of this Act,’’ and inserting ‘‘, 15, (11) in paragraph (10)— to interact with Executive agencies; and 43 of this Act;’’. (A) by striking ‘‘make recommendations’’ (3) maintain high standards for data pri- (d) ADDITIONAL REQUIREMENTS.—Section and inserting ‘‘shall make recommenda- vacy and security; 15(k) of the Small Business Act (15 U.S.C. tions’’; (4) increase the degree and ease of informa- 644(k)) is amended by inserting after para- (B) by striking ‘‘subsection (a), or section’’ tion sharing and coordination among pro- graph (10) the following: and inserting ‘‘subsection (a), section’’; grams serving small business concerns that ‘‘(11) shall review and advise such agency (C) by striking ‘‘Act or section 2323’’ and are carried out by Executive agencies, in- on any decision to convert an activity per- inserting ‘‘Act, or section 2323’’; cluding State and local offices of Executive formed by a small business concern to an ac- (D) by striking ‘‘Code. Such recommenda- agencies; and tivity performed by a Federal employee; tions shall’’ and inserting ‘‘Code, which (5) minimize redundancy in the adminis- ‘‘(12) shall provide to the Chief Acquisition shall’’; and tration of programs that can utilize common Officer and senior procurement executive of (E) by striking ‘‘contract file.’’ and insert- applications, where practicable, and consoli- such agency advice and comments on acqui- ing ‘‘contract file;’’. dated web portals.

VerDate Mar 15 2010 02:58 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A11JY6.036 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4912 CONGRESSIONAL RECORD — SENATE July 11, 2012 SEC. 613. EXECUTIVE COMMITTEE ON A SMALL small business concerns shall submit to Con- 1986 is amended by adding at the end the fol- BUSINESS COMMON APPLICATION. gress recommendations, if any, for legisla- lowing new section: (a) ESTABLISHMENT.—There is established tive changes necessary for the Executive ‘‘SEC. 200. DOMESTIC BUSINESS INCOME OF in the Administration an Executive Com- agency to carry out the recommendations QUALIFIED SMALL BUSINESSES. mittee on a Small Business Common Appli- under paragraph (1). ‘‘(a) ALLOWANCE OF DEDUCTION.—In the cation, which shall make recommendations (e) PERSONNEL MATTERS.— case of a qualified small business, there shall regarding the establishment, if practicable, (1) COMPENSATION OF MEMBERS.—The mem- be allowed as a deduction an amount equal of a small business common application and bers of the Executive Committee shall serve to 20 percent of the lesser of— web portal. without compensation in addition to that re- ‘‘(1) the qualified domestic business income (b) MEMBERSHIP.— ceived for their services as officers or em- of the taxpayer for the taxable year, or (1) IN GENERAL.—The members of the Exec- ployees of the United States. ‘‘(2) taxable income (determined without utive Committee shall consist of— (2) DETAIL OF EMPLOYEES.—The Adminis- regard to this section) for the taxable year. (A) the Administrator; trator may detail to the Executive Com- ‘‘(b) DEDUCTION LIMITED BASED ON WAGES (B) the Assistant Secretary of Commerce mittee any employee of the Economic Devel- PAID.— for Economic Development; and opment Administration, and such detail ‘‘(1) IN GENERAL.—The amount of the de- (C) 1 senior officer or employee having pol- shall be without interruption or loss of civil duction allowable under subsection (a) for icy and technical expertise appointed by service status or privilege. any taxable year shall not exceed 50 percent each of— (f) FEDERAL ADVISORY COMMITTEE ACT.— of the greater of— (i) the Administrator of the General Serv- Section 14 of the Federal Advisory Com- ‘‘(A) the W–2 wages of the taxpayer paid to ices Administration; mittee Act (5 U.S.C. App.) shall not apply non-owners, or (ii) the Director of the National Institutes with respect to the Executive Committee. ‘‘(B) the sum of— of Health; ‘‘(i) the W–2 wages of the taxpayer paid to SEC. 614. AUTHORIZATION OF APPROPRIATIONS. (iii) the Director of the National Science individuals who are non-owner family mem- There are authorized to be appropriated to Foundation; bers of direct owners, plus the Administrator such sums as may be nec- (iv) the President of the Export-Import ‘‘(ii) any W–2 wages of the taxpayer paid to essary to carry out this subtitle. Bank; 10-percent-or-less direct owners. (v) the Secretary of Agriculture; Subtitle B—Government Accountability ‘‘(2) DEFINITIONS RELATED TO OWNERSHIP.— (vi) the Secretary of Defense; Office Review For purposes of this section— (vii) the Secretary of Health and Human SEC. 621. GOVERNMENT ACCOUNTABILITY OF- ‘‘(A) NON-OWNER.—The term ‘non-owner’ Services; FICE REVIEW. means, with respect to any qualified small (viii) the Secretary of Labor; Not later than 2 years after the date of en- business, any person who does not own (and (ix) the Secretary of State; actment of this Act, the Comptroller General is not considered as owning within the mean- (x) the Secretary of the Treasury; and of the United States shall submit a report to ing of subsection (c) or (e)(3) of section 267, (xi) the Secretary of Veterans Affairs. the Committee on Small Business and Entre- as the case may be) any stock of such busi- (2) CHAIRPERSON.—The Administrator shall preneurship of the Senate and the Com- ness (or, if such business is other than a cor- serve as chairperson of the Executive Com- mittee on Small Business of the House of poration, any capital or profits interest of mittee. Representatives that evaluates the status of such business). (3) PERIOD OF APPOINTMENT.—Members of the programs authorized under this division ‘‘(B) NON-OWNER FAMILY MEMBERS.—An in- the Executive Committee shall be appointed and the amendments made by this division, dividual is a non-owner family member of a for a term of 1 year. including the extent to which such programs direct owner if— (4) VACANCIES.—A vacancy in the Execu- have been funded and implemented and have ‘‘(i) such individual is family (within the tive Committee shall be filled in the same contributed to promoting job creation meaning of section 267(c)(4)) of a direct manner as the original appointment, not among small business concerns. owner, and later than 30 days after the date on which ‘‘(ii) such individual would be a non-owner the vacancy occurs. SA 2522. Mr. REID proposed an if subsections (c) and (e)(3) of section 267 (c) MEETINGS.— amendment to amendment SA 2521 pro- were applied without regard to section (1) IN GENERAL.—The Executive Committee posed by Mr. REID (for Ms. LANDRIEU) 267(c)(2). shall meet at the call of the chairperson of to the bill S. 2237, to provide a tem- ‘‘(C) DIRECT OWNER.—The term ‘direct the Executive Committee. porary income tax credit for increased owner’ means, with respect to any qualified small business, any person who owns (or is (2) QUORUM.—A majority of the members of payroll and extend bonus depreciation the Executive Committee shall constitute a considered as owning under the applicable quorum. for an additional year, and for other non-family attribution rules) any stock of (3) FIRST MEETING.—The first meeting of purposes; as follows: such business (or, if such business is other the Executive Committee shall take place At the end, add the following new section: than a corporation, any capital or profits in- not later than 30 days after the date of en- SEC. lll. terest of such business). actment of this subtitle. This Act shall become effective 7 days ‘‘(D) 10-PERCENT-OR-LESS DIRECT OWNERS.— (4) PUBLIC MEETING.—The Executive Com- after enactment. The term ‘10-percent-or-less direct owner’ mittee shall hold at least 1 public meeting means, with respect to any qualified small before the date described in subsection (d)(1) SA 2523. Mr. REID proposed an business, any direct owner of such business to receive comments from small business amendment to amendment SA 2522 pro- who owns (or is considered as owning under concerns and other interested parties. posed by Mr. REID to the amendment the applicable non-family attribution (d) DUTIES.— rules)— SA 2521 proposed by Mr. REID (for Ms. (1) RECOMMENDATIONS.—Not later than 270 ‘‘(i) in the case of a qualified small busi- days after the date of enactment of this Act, LANDRIEU) to the bill S. 2237, to provide ness which is a corporation, not more than 10 upon a vote of the majority of members of a temporary income tax credit for in- percent of the outstanding stock of the cor- the Executive Committee then serving, the creased payroll and extend bonus de- poration or stock possessing more than 10 Executive Committee shall submit to the preciation for an additional year, and percent of the total combined voting power Administrator recommendations relating to for other purposes; as follows: of all stock of the corporation, or the feasibility of establishing a small busi- In the amendment, strike ‘‘7 days’’ and in- ‘‘(ii) in the case of a qualified small busi- ness common application and web portal in sert ‘‘6 days’’. ness which is not a corporation, not more order to meet the goals described in section than 10 percent of the capital or profits in- 612. SA 2524. Mr. REID proposed an terest of such business. (2) TRANSMISSION TO EXECUTIVE AGENCIES.— amendment to the bill S. 2237, to pro- ‘‘(E) APPLICABLE NON-FAMILY ATTRIBUTION The Executive Committee shall transmit to vide a temporary income tax credit for RULES.—The term ‘applicable non-family at- each Executive agency a complete copy of tribution rules’ means the attribution rules the recommendations submitted under para- increased payroll and extend bonus de- of subsection (c) or (e)(3) of section 267, as graph (1). preciation for an additional year, and the case may be, but in each case applied (3) TRANSMISSION TO CONGRESS.—The Exec- for other purposes; as follows: without regard to section 267(c)(2). utive Committee shall transmit to each rel- Strike all after the first word and insert ‘‘(3) W–2 WAGES.—For purposes of this sec- evant committee of Congress a complete the following: tion— copy of the recommendations submitted 1. SHORT TITLE. ‘‘(A) IN GENERAL.—The term ‘W–2 wages’ under paragraph (1). This Act may be cited as the ‘‘Small Busi- means, with respect to any person for any (4) RECOMMENDATIONS BY EXECUTIVE AGEN- ness Tax Cut Act’’. taxable year of such person, the sum of the CIES.—Not later than 30 days after the date SEC. 2. DEDUCTION FOR DOMESTIC BUSINESS IN- amounts described in paragraphs (3) and (8) on which the Executive Committee trans- COME OF QUALIFIED SMALL BUSI- of section 6051(a) paid by such person with mits recommendations to the Executive NESSES. respect to employment of employees by such agency under paragraph (2), each Executive (a) IN GENERAL.—Part VI of subchapter B person during the calendar year ending dur- agency that provides Federal assistance to of chapter 1 of the Internal Revenue Code of ing such taxable year.

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‘‘(B) LIMITATION TO WAGES ATTRIBUTABLE TO ‘‘(ii) Royalties, rents, dividends, interest, in lieu of qualified production activities in- QUALIFIED DOMESTIC BUSINESS INCOME.—Such or annuities. come). term shall not include any amount which is ‘‘(iii) Any amount which constitutes wages ‘‘(f) REGULATIONS.—The Secretary shall not properly allocable to domestic business (as defined in section 3401). prescribe such regulations as are necessary gross receipts for purposes of subsection ‘‘(3) APPLICATION OF CERTAIN RULES.—Rules to carry out the purposes of this section, in- (c)(1). similar to the rules of paragraphs (2) and (3) cluding regulations which prevent a tax- ‘‘(C) OTHER REQUIREMENTS.—Except in the of section 199(c) shall apply for purposes of payer which reorganizes from being treated case of amounts treated as W–2 wages under this section (applied with respect to quali- as a qualified small business if such taxpayer paragraph (4)— fied domestic business income in lieu of would not have been treated as a qualified ‘‘(i) such term shall not include any qualified production activities income and small business prior to such reorganization. amount which is not allowed as a deduction with respect to domestic business gross re- ‘‘(g) APPLICATION.—Subsection (a) shall under section 162 for the taxable year, and ceipts in lieu of domestic production gross apply only with respect to the first taxable ‘‘(ii) such term shall not include any receipts). year of the taxpayer beginning after Decem- amount which is not properly included in a ‘‘(d) QUALIFIED SMALL BUSINESS.—For pur- ber 31, 2011.’’. return filed with the Social Security Admin- poses of this section— (b) CONFORMING AMENDMENTS.— istration on or before the 60th day after the ‘‘(1) IN GENERAL.—The term ‘qualified (1) Section 56(d)(1)(A) of such Code is due date (including extensions) for such re- small business’ means any employer engaged amended by striking ‘‘deduction under sec- turn. in a trade or business if such employer had tion 199’’ both places it appears and inserting ‘‘(4) CERTAIN PARTNERSHIP DISTRIBUTIONS fewer than 500 full-time equivalent employ- ‘‘deductions under sections 199 and 200’’. TREATED AS W–2 WAGES.— ees for either calendar year 2010 or 2011. (2) Section 56(g)(4)(C) of such Code is ‘‘(A) IN GENERAL.—In the case of a qualified ‘‘(2) FULL-TIME EQUIVALENT EMPLOYEES.— amended by adding at the end the following small business which is a partnership and The term ‘full-time equivalent employees’ new clause: elects the application of this paragraph for has the meaning given such term by sub- ‘‘(vii) DEDUCTION FOR DOMESTIC BUSINESS the taxable year— section (d)(2) of section 45R applied— INCOME OF QUALIFIED SMALL BUSINESSES.— ‘‘(i) the qualified domestic business taxable ‘‘(A) without regard to subsection (d)(5) of Clause (i) shall not apply to any amount al- income of such partnership for such taxable such section, lowable as a deduction under section 200.’’. year (determined after the application of ‘‘(B) with regard to subsection (e)(1) of (3) The following provisions of such Code such section, and clause (ii)) which is allocable under rules are each amended by inserting ‘‘200,’’ after ‘‘(C) by substituting ‘calendar year’ for similar to the rules of section 199(d)(1)(A)(ii) ‘‘199,’’. ‘taxable year’ each place it appears therein. to each qualified service-providing partner (A) Section 86(b)(2)(A). ‘‘(3) EMPLOYERS NOT IN EXISTENCE PRIOR TO shall be treated for purposes of this section (B) Section 135(c)(4)(A). 2012.—In the case of an employer which was as W–2 wages paid during such taxable year (C) Section 137(b)(3)(A). not in existence on January 1, 2012, the de- to such partner as an employee, and (D) Section 219(g)(3)(A)(ii). termination under paragraph (1) shall be ‘‘(ii) the domestic business gross receipts (E) Section 221(b)(2)(C)(i). made with respect to calendar year 2012. of such partnership for such taxable year (F) Section 222(b)(2)(C)(i). ‘‘(4) APPLICATION TO CALENDAR YEARS IN shall be reduced by the amount so treated. (G) Section 246(b)(1). WHICH EMPLOYER IN EXISTENCE FOR PORTION ‘‘(B) QUALIFIED SERVICE-PROVIDING PART- (H) Section 469(i)(3)(F)(iii). OF CALENDAR YEAR.—In the case of any cal- (4) Section 163(j)(6)(A)(i) of such Code is NER.—For purposes of this paragraph, the endar year during which the employer comes term ‘qualified service-providing partner’ amended by striking ‘‘and’’ at the end of sub- into existence, the number of full-time clause (III) and by inserting after subclause means, with respect to any qualified domes- equivalent employees determined under tic business taxable income, any partner who (IV) the following new subclause: paragraph (2) with respect to such calendar ‘‘(V) any deduction allowable under section is a 10-percent-or-less direct owner and who year shall be increased by multiplying the materially participates in the trade or busi- 200, and’’. number so determined (without regard to (5) Section 170(b)(2)(C) of such Code is ness to which such income relates. this paragraph) by the quotient obtained by ‘‘(5) ACQUISITIONS AND DISPOSITIONS.—The amended by striking ‘‘and’’ at the end of dividing— clause (iv), by striking the period at the end Secretary shall provide for the application of ‘‘(A) the number of days in such calendar this subsection in cases where the taxpayer of clause (v) and inserting ‘‘, and’’, and by in- year, by serting after clause (v) the following new acquires, or disposes of, the major portion of ‘‘(B) the number of days during such cal- a trade or business or the major portion of a clause: endar year which such employer is in exist- ‘‘(vi) section 200.’’. separate unit of a trade or business during ence. the taxable year. (6) Section 172(d) of such Code is amended ‘‘(5) SPECIAL RULES.— by adding at the end the following new para- ‘‘(c) QUALIFIED DOMESTIC BUSINESS IN- ‘‘(A) AGGREGATION RULE.—For purposes of graph: COME.—For purposes of this section— paragraph (1), any person treated as a single ‘‘(8) DOMESTIC BUSINESS INCOME OF QUALI- ‘‘(1) IN GENERAL.—The term ‘qualified do- employer under subsection (a) or (b) of sec- FIED SMALL BUSINESSES.—The deduction mestic business income’ for any taxable year tion 52 (applied without regard to section under section 200 shall not be allowed.’’. means an amount equal to the excess (if any) 1563(b)) or subsection (m) or (o) of section 414 (7) Section 613(a) of such Code is amended of— shall be treated as a single employer for pur- by striking ‘‘deduction under section 199’’ ‘‘(A) the taxpayer’s domestic business poses of this subsection. and inserting ‘‘deductions under sections 199 gross receipts for such taxable year, over ‘‘(B) PREDECESSORS.—Any reference in this and 200’’. ‘‘(B) the sum of— subsection to an employer shall include a (8) Section 613A(d)(1) of such Code is ‘‘(i) the cost of goods sold that are allo- reference to any predecessor of such em- amended by redesignating subparagraphs (C), cable to such receipts, and ployer. (D), and (E) as subparagraphs (D), (E), and ‘‘(ii) other expenses, losses, or deductions ‘‘(e) SPECIAL RULES.— (F), respectively, and by inserting after sub- (other than the deduction allowed under this ‘‘(1) ELECTIVE APPLICATION OF DEDUCTION.— paragraph (B) the following new subpara- section), which are properly allocable to Except as otherwise provided by the Sec- graph: such receipts. retary, the taxpayer may elect not to take ‘‘(C) any deduction allowable under section ‘‘(2) DOMESTIC BUSINESS GROSS RECEIPTS.— any item of income into account as domestic 200,’’. ‘‘(A) IN GENERAL.—The term ‘domestic business gross receipts for purposes of this (9) Section 1402(a) of such Code is amended business gross receipts’ means the gross re- section. by striking ‘‘and’’ at the end of paragraph ceipts of the taxpayer which are effectively ‘‘(2) COORDINATION WITH SECTION 199.—If a (16), by redesignating paragraph (17) as para- connected with the conduct of a trade or deduction is allowed under this section with graph (18), and by inserting after paragraph business within the United States within the respect to any taxpayer for any taxable (16) the following new paragraph: meaning of section 864(c) but determined— year— ‘‘(17) the deduction provided by section 200 ‘‘(i) without regard to paragraphs (3), (4), ‘‘(A) any gross receipts of the taxpayer shall not be allowed; and’’. and (5) thereof, and which are taken into account under this sec- (c) CLERICAL AMENDMENT.—The table of ‘‘(ii) by substituting ‘qualified small busi- tion for such taxable year shall not be taken sections for part VI of subchapter B of chap- ness (within the meaning of section 200)’ for into account under section 199 for such tax- ter 1 of such Code is amended by adding at ‘nonresident alien individual or a foreign able year, and the end the following new item: corporation’ each place it appears therein. ‘‘(B) the W–2 wages of the taxpayer which ‘‘Sec. 200. Domestic business income of ‘‘(B) EXCEPTIONS.—For purposes of para- are taken into account under this section graph (1), domestic business gross receipts shall not be taken into account under sec- qualified small businesses.’’. shall not include any of the following: tion 199 for such taxable year. SA 2525. Mr. REID proposed an ‘‘(i) Gross receipts derived from the sale or ‘‘(3) APPLICATION OF CERTAIN RULES.—Rules exchange of— similar to the rules of paragraphs (1), (2), (3), amendment to amendment SA 2524 pro- ‘‘(I) a capital asset, or (4), (6), and (7) of section 199(d) shall apply posed by Mr. REID to the bill S. 2237, to ‘‘(II) property used in the trade or business for purposes of this section (applied with re- provide a temporary income tax credit (as defined in section 1231(b)). spect to qualified domestic business income for increased payroll and extend bonus

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At the end, add the following new section: (B) Section 965(c) of such Code is amended (d) ALTERNATIVE MINIMUM TAX RELIEF FOR SEC. lll. by striking paragraphs (1) and (2) and by re- NONREFUNDABLE CREDITS.— This title shall become effective 5 days designating paragraphs (3), (4), and (5) as (1) IN GENERAL.—Subsection (a) of section after enactment. paragraphs (1), (2), and (3), respectively. 26 of the Internal Revenue Code of 1986 is (C) Paragraph (3) of section 965(c) of such amended to read as follows: SA 2526. Mr. REID proposed an Code, as redesignated by subparagraph (B), is ‘‘(a) LIMITATION BASED ON AMOUNT OF amendment to the bill S. 2237, to pro- amended to read as follows: TAX.—The aggregate amount of credits al- vide a temporary income tax credit for ‘‘(3) CONTROLLED GROUPS.—All United lowed by this subpart for the taxable year increased payroll and extend bonus de- States shareholders which are members of an shall not exceed the sum of— affiliated group filing a consolidated return ‘‘(1) the taxpayer’s regular tax liability for preciation for an additional year, and the taxable year reduced by the foreign tax for other purposes; as follows: under section 1501 shall be treated as one United States shareholder.’’. credit allowable under section 27(a), and ‘‘(2) the tax imposed by section 55(a) for SEC. lll. (d) CLERICAL AMENDMENTS.— This Act shall become effective 3 days (1) The heading for section 965 of the Inter- the taxable year.’’. after enactment. nal Revenue Code of 1986 is amended by (2) CONFORMING AMENDMENTS.— (A) ADOPTION CREDIT.— striking ‘‘TEMPORARY’’. SA 2527. Mr. REID proposed an (2) The table of sections for subpart F of (i) Section 23(b) of the Internal Revenue amendment to amendment SA 2526 pro- part III of subchapter N of chapter 1 of such Code of 1986 is amended by striking para- graph (4). posed by Mr. REID to the bill S. 2237, to Code is amended by striking ‘‘Temporary dividends’’ and inserting ‘‘Dividends’’. (ii) Section 23(c) of such Code is amended provide a temporary income tax credit by striking paragraphs (1) and (2) and insert- for increased payroll and extend bonus (e) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable ing the following: depreciation for an additional year, years ending after the date of the enactment ‘‘(1) IN GENERAL.—If the credit allowable and for other purposes; as follows: of this Act. under subsection (a) for any taxable year ex- In the amendment, strike ‘‘3 days’’ and in- ceeds the limitation imposed by section 26(a) sert ‘‘2 days’’. SA 2530. Mr. LEE submitted an for such taxable year reduced by the sum of the credits allowable under this subpart amendment intended to be proposed by (other than this section and sections 25D and SA 2528. Mr. REID proposed an him to the bill S. 2237, to provide a amendment to amendment SA 2527 pro- 1400C), such excess shall be carried to the temporary income tax credit for in- succeeding taxable year and added to the posed by Mr. REID to the amendment creased payroll and extend bonus de- credit allowable under subsection (a) for SA 2526 proposed by Mr. REID to the preciation for an additional year, and such taxable year.’’. bill S. 2237, to provide a temporary in- for other purposes; which was ordered (iii) Section 23(c) of such Code is amended come tax credit for increased payroll to lie on the table; as follows: by redesignating paragraph (3) as paragraph (2). and extend bonus depreciation for an At the end, add the following: additional year, and for other purposes; (B) CHILD TAX CREDIT.— SEC. ll. PERMANENT EXTENSION OF TAX RE- as follows: (i) Section 24(b) of such Code is amended by LIEF. striking paragraph (3). In the amendment, strike ‘‘2 days’’ and in- (a) 2001 TAX RELIEF.—The Economic (ii) Section 24(d)(1) of such Code is amend- sert ‘‘1 day’’. Growth and Tax Relief Reconciliation Act of ed— 2001 is amended by striking title IX. (I) by striking ‘‘section 26(a)(2) or sub- SA 2529. Mr. LEE submitted an (b) 2003 RELIEF.—Title III of the Jobs and section (b)(3), as the case may be,’’ each amendment intended to be proposed by Growth Tax Relief Reconciliation Act of 2003 place it appears in subparagraphs (A) and (B) him to the bill S. 2237, to provide a is amended by striking section 303. and inserting ‘‘section 26(a)’’, and temporary income tax credit for in- (c) ALTERNATIVE MINIMUM TAX EXEMPTION (II) by striking ‘‘section 26(a)(2) or sub- creased payroll and extend bonus de- AMOUNTS.— section (b)(3), as the case may be’’ in the sec- (1) INCREASED EXEMPTION AMOUNTS MADE ond last sentence and inserting ‘‘section preciation for an additional year, and PERMANENT.— for other purposes; which was ordered 26(a)’’. (A) IN GENERAL.—Paragraph (1) of section (C) CREDIT FOR INTEREST ON CERTAIN HOME to lie on the table; as follows: 55(d) of the Internal Revenue Code of 1986 is MORTGAGES.—Section 25(e)(1)(C) of such Code At the end, add the following: amended— is amended to read as follows: SEC. ll. MODIFICATION AND PERMANENT EX- (i) by striking ‘‘$45,000 ($72,450 in the case ‘‘(C) APPLICABLE TAX LIMIT.—For purposes TENSION OF THE INCENTIVES TO of taxable years beginning in 2010 and $74,450 of this paragraph, the term ‘applicable tax REINVEST FOREIGN EARNINGS IN in the case of taxable years beginning in limit’ means the limitation imposed by sec- THE UNITED STATES. 2011)’’ in subparagraph (A) and inserting tion 26(a) for the taxable year reduced by the (a) REPATRIATION SUBJECT TO 5 PERCENT ‘‘$74,450’’, sum of the credits allowable under this sub- TAX RATE.—Subsection (a)(1) of section 965 of (ii) by striking ‘‘$33,750 ($47,450 in the case part (other than this section and sections 23, the Internal Revenue Code of 1986 is amended of taxable years beginning in 2010 and $48,450 25D, and 1400C).’’. by striking ‘‘85 percent’’ and inserting ‘‘85.7 in the case of taxable years beginning in (D) SAVERS’ CREDIT.—Section 25B of such percent’’. 2011)’’ in subparagraph (B) and inserting Code is amended by striking subsection (g). (b) PERMANENT EXTENSION TO ELECT REPA- ‘‘$48,450’’, and (E) RESIDENTIAL ENERGY EFFICIENT PROP- TRIATION.—Subsection (f) of section 965 of the (iii) by striking ‘‘paragraph (1)(A)’’ in sub- ERTY.—Section 25D(c) of such Code is amend- Internal Revenue Code of 1986 is amended to paragraph (C) and inserting ‘‘subparagraph ed to read as follows: read as follows: (A)’’. ‘‘(c) CARRYFORWARD OF UNUSED CREDIT.—If ‘‘(f) ELECTION.—The taxpayer may elect to (2) EXEMPTION AMOUNTS INDEXED FOR INFLA- the credit allowable under subsection (a) ex- apply this section to any taxable year only if TION.—Subsection (d) of section 55 of the In- ceeds the limitation imposed by section 26(a) made on or before the due date (including ex- ternal Revenue Code of 1986 is amended by for such taxable year reduced by the sum of tensions) for filing the return of tax for such adding at the end the following new para- the credits allowable under this subpart taxable year.’’. graph: (other than this section), such excess shall (c) REPATRIATION INCLUDES CURRENT AND ‘‘(4) INFLATION ADJUSTMENT.— be carried to the succeeding taxable year and ACCUMULATED FOREIGN EARNINGS.— ‘‘(A) IN GENERAL.—In the case of any tax- added to the credit allowable under sub- (1) IN GENERAL.—Paragraph (1) of section able year beginning in a calendar year after section (a) for such succeeding taxable 965(b) of the Internal Revenue Code of 1986 is 2011, each of the dollar amounts contained in year.’’. amended to read as follows: subparagraphs (A) and (B) of paragraph (1) (F) CERTAIN PLUG-IN ELECTRIC VEHICLES.— ‘‘(1) IN GENERAL.—The amount of dividends shall be increased by an amount equal to— Section 30(c)(2) of such Code is amended to taken into account under subsection (a) shall ‘‘(i) such dollar amount, multiplied by read as follows: not exceed the sum of the current and accu- ‘‘(ii) the cost-of-living adjustment deter- ‘‘(2) PERSONAL CREDIT.—For purposes of mulated earnings and profits described in mined under section 1(f)(3) for the calendar this title, the credit allowed under sub- section 959(c)(3) for the year a deduction is year in which the taxable year begins, deter- section (a) for any taxable year (determined claimed under subsection (a), without dimi- mined by substituting ‘calendar year 2010’ after application of paragraph (1)) shall be nution by reason of any distributions made for ‘calendar year 1992’ in subparagraph (B) treated as a credit allowable under subpart A during the election year, for all controlled thereof. for such taxable year.’’. foreign corporations of the United States ‘‘(B) ROUNDING.—Any increase determined (G) ALTERNATIVE MOTOR VEHICLE CREDIT.— shareholder.’’. under subparagraph (A) shall be rounded to Section 30B(g)(2) of such Code is amended to (2) CONFORMING AMENDMENTS.— the nearest multiple of $100.’’. read as follows:

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‘‘(2) PERSONAL CREDIT.—For purposes of (d) RESTORATION OF PRE-EGTRRA PROVI- (c) LIFETIME GIFT EXEMPTION.—Paragraph this title, the credit allowed under sub- SIONS NOT APPLICABLE.— (1) of section 2505(a) of the Internal Revenue section (a) for any taxable year (determined (1) IN GENERAL.—Section 301 of the Tax Re- Code of 1986 is amended to read as follows: after application of paragraph (1)) shall be lief, Unemployment Insurance Reauthoriza- ‘‘(1) the amount of the tentative tax which treated as a credit allowable under subpart A tion, and Job Creation Act of 2010 shall not would be determined under the rate schedule for such taxable year.’’. apply to estates of decedents dying, and set forth in section 2502(a)(2) if the amount (H) NEW QUALIFIED PLUG-IN ELECTRIC VEHI- transfers made, on or after the date of the with respect to which such tentative tax is CLE CREDIT.—Section 30D(c)(2) of such Code is enactment of this Act. to be computed were $5,000,000, reduced by’’. amended to read as follows: (2) EXCEPTION FOR STEPPED-UP BASIS.— (d) CONFORMING AMENDMENTS.— ‘‘(2) PERSONAL CREDIT.—For purposes of Paragraph (1) shall not apply to the provi- (1) Section 2505(a) of the Internal Revenue this title, the credit allowed under sub- sions of law amended by subtitle E of title V Code of 1986 is amended by striking the last section (a) for any taxable year (determined of the Economic Growth and Tax Relief Rec- sentence. after application of paragraph (1)) shall be onciliation Act of 2001 (relating to carryover (2) The heading for section 2505 of such treated as a credit allowable under subpart A basis at death; other changes taking effect Code is amended by striking ‘‘unified’’. for such taxable year.’’. with repeal). (3) The item in the table of sections for (I) CROSS REFERENCES.—Section 55(c)(3) of (e) SUNSET NOT APPLICABLE.—Section 304 subchapter A of chapter 12 of such Code re- such Code is amended by striking ‘‘26(a), of the Tax Relief, Unemployment Insurance lating to section 2505 is amended to read as 30C(d)(2),’’ and inserting ‘‘30C(d)(2)’’. Reauthorization, and Job Creation Act of follows: (J) FOREIGN TAX CREDIT.—Section 904 of 2010 is hereby repealed. ‘‘Sec. 2505. Credit against gift tax.’’. such Code is amended by striking subsection (f) EFFECTIVE DATE.—The amendments (e) EFFECTIVE DATE.—The amendments (i) and by redesignating subsections (j), (k), made by this section shall apply to the es- made by this section shall apply to gifts and (l) as subsections (i), (j), and (k), respec- tates of decedents dying, and generation- made on or after the date of the enactment tively. skipping transfers, after the date of the en- of this Act. (K) FIRST-TIME HOME BUYER CREDIT FOR THE actment of this Act. (f) TRANSITION RULE.— DISTRICT OF COLUMBIA.—Section 1400C(d) of SEC. ll3. MODIFICATIONS OF GIFT TAX. (1) IN GENERAL.—For purposes of applying such Code is amended to read as follows: (a) COMPUTATION OF GIFT TAX.—Subsection sections 1015(d), 2502, and 2505 of the Internal ‘‘(d) CARRYFORWARD OF UNUSED CREDIT.—If (a) of section 2502 of the Internal Revenue Revenue Code of 1986, the calendar year in the credit allowable under subsection (a) ex- Code of 1986 is amended to read as follows: which this title is enacted shall be treated as ceeds the limitation imposed by section 26(a) ‘‘(a) COMPUTATION OF TAX.— 2 separate calendar years one of which ends for such taxable year reduced by the sum of ‘‘(1) IN GENERAL.—The tax imposed by sec- on the day before the date of the enactment the credits allowable under subpart A of part tion 2501 for each calendar year shall be an of this Act and the other of which begins on IV of subchapter A (other than this section amount equal to the excess of— such date of enactment. ‘‘(A) a tentative tax, computed under para- and section 25D), such excess shall be carried (2) APPLICATION OF SECTION 2504(b).—For to the succeeding taxable year and added to graph (2), on the aggregate sum of the tax- purposes of applying section 2504(b) of the In- the credit allowable under subsection (a) for able gifts for such calendar year and for each ternal Revenue Code of 1986, the calendar such taxable year.’’. of the preceding calendar periods, over year in which this title is enacted shall be ‘‘(B) a tentative tax, computed under para- (3) EFFECTIVE DATE.—The amendments treated as one preceding calendar period. made by this subsection shall apply to tax- graph (2), on the aggregate sum of the tax- able years beginning after December 31, 2011. able gifts for each of the preceding calendar SA 2531. Mr. ROBERTS submitted an periods. TITLE ll—DEATH TAX REPEAL amendment intended to be proposed by ‘‘(2) RATE SCHEDULE.— SEC. ll1. SHORT TITLE. him to the bill S. 2237, to provide a This title may be cited as the ‘‘Death Tax ‘‘If the amount with re- The tentative temporary income tax credit for in- Repeal Permanency Act of 2012’’. spect to which the ten- tax is: creased payroll and extend bonus de- tative tax to be com- SEC. ll2. REPEAL OF ESTATE AND GENERA- preciation for an additional year, and TION-SKIPPING TRANSFER TAXES. puted is:. Not over $10,000 ...... 18% of such for other purposes; which was ordered (a) ESTATE TAX REPEAL.—Subchapter C of to lie on the table; as follows: chapter 11 of subtitle B of the Internal Rev- amount. On page , between lines and , insert enue Code of 1986 is amended by adding at Over $10,000 but not over $1,800, plus 20% l l l the following: the end the following new section: $20,000. of the excess over $10,000. SEC. lll. EXTENSION OF AUTHORITY OF SEC- ‘‘SEC. 2210. TERMINATION. Over $20,000 but not over $3,800, plus 22% RETARY OF THE TREASURY TO RE- ‘‘(a) IN GENERAL.—Except as provided in $40,000. of the excess LEASE A LEVY ON A TAXPAYER’S subsection (b), this chapter shall not apply over $20,000. PROPERTY BASED ON AN ECONOMIC to the estates of decedents dying on or after Over $40,000 but not over $8,200, plus 24% HARDSHIP DUE TO THE FINANCIAL the date of the enactment of the Death Tax CONDITION OF THE TAXPAYER’S $60,000. of the excess BUSINESS. Repeal Permanency Act of 2012. over $40,000. (a) IN GENERAL.—Paragraph (1) of section ‘‘(b) CERTAIN DISTRIBUTIONS FROM QUALI- Over $60,000 but not over $13,000, plus 26% 6343 of the Internal Revenue Code of 1986 is FIED DOMESTIC TRUSTS.—In applying section $80,000. of the excess amended— 2056A with respect to the surviving spouse of over $60,000. (1) by inserting ‘‘or the taxpayer’s trade or a decedent dying before the date of the en- Over $80,000 but not over $18,200, plus 28% business’’ after ‘‘taxpayer’’ in subparagraph actment of the Death Tax Repeal Perma- $100,000. of the excess (D), and nency Act of 2012— over $80,000. (2) by adding at the end the following new ‘‘(1) section 2056A(b)(1)(A) shall not apply Over $100,000 but not over $23,800, plus 30% sentence: ‘‘For purposes of subparagraph (D), to distributions made after the 10-year pe- $150,000. of the excess in making the determination to release a riod beginning on such date, and over $100,000. levy against a trade or business on economic ‘‘(2) section 2056A(b)(1)(B) shall not apply Over $150,000 but not over $38,800, plus 32% hardship grounds, the Secretary shall con- on or after such date.’’. $250,000. of the excess of sider the economic viability of the trade or (b) GENERATION-SKIPPING TRANSFER TAX $150,000. business, the nature and extent of the hard- REPEAL.—Subchapter G of chapter 13 of sub- Over $250,000 but not over $70,800, plus 34% ship (including whether the taxpayer exer- title B of the Internal Revenue Code of 1986 $500,000. of the excess cised ordinary business care and prudence), is amended by adding at the end the fol- over $250,000. the potential harm to individuals if the trade lowing new section: Over $500,000 ...... $155,800, plus 35% or business is liquidated, and whether the ‘‘SEC. 2664. TERMINATION. of the excess of taxes could be collected from a responsible ‘‘This chapter shall not apply to genera- $500,000.’’. tion-skipping transfers on or after the date person under an assessment under section of the enactment of the Death Tax Repeal (b) TREATMENT OF CERTAIN TRANSFERS IN 6672.’’. TRUST.—Section 2511 of the Internal Revenue Permanency Act of 2012.’’. (b) EFFECTIVE DATE.—The amendments Code of 1986 is amended by adding at the end (c) CONFORMING AMENDMENTS.— made by this section shall apply to levies (1) The table of sections for subchapter C of the following new subsection: issued on or after the date of the enactment ‘‘(c) TREATMENT OF CERTAIN TRANSFERS IN chapter 11 of the Internal Revenue Code of of this Act. TRUST.—Notwithstanding any other provi- 1986 is amended by adding at the end the fol- f sion of this section and except as provided in lowing new item: regulations, a transfer in trust shall be NOTICE OF HEARING ‘‘Sec. 2210. Termination.’’. treated as a taxable gift under section 2503, SUBCOMMITTEE ON WATER AND POWER (2) The table of sections for subchapter G unless the trust is treated as wholly owned of chapter 13 of such Code is amended by add- by the donor or the donor’s spouse under sub- Mr. BINGAMAN. Mr. President, I ing at the end the following new item: part E of part I of subchapter J of chapter would like to announce for the infor- ‘‘Sec. 2664. Termination.’’. 1.’’. mation of the Senate and the public

VerDate Mar 15 2010 02:58 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A11JY6.040 S11JYPT1 pwalker on DSK7TPTVN1PROD with SENATE S4916 CONGRESSIONAL RECORD — SENATE July 11, 2012 that a hearing has been scheduled be- RAOUL WALLENBERG CENTENNIAL The PRESIDING OFFICER. Without fore the Subcommittee on Water and CELEBRATION ACT objection, it is so ordered. Power of the Committee on Energy and Mr. BENNET. Mr. President, I ask f Natural Resources. The hearing will be unanimous consent that the Senate PROGRAM held on Wednesday, July 25, 2012, at 2:30 proceed to the consideration of H.R. Mr. BENNET. Mr. President, this p.m., in room SD–366 of the Dirksen 3001, which was received from the Senate Office Building in Washington, evening the majority leader filed clo- House and is at the desk. ture on the Landrieu substitute and DC. The PRESIDING OFFICER. The The purpose of this oversight hearing the underlying Small Business Jobs clerk will report the bill by title. and Tax Relief Act. As a result, the fil- is to examine the role of water use effi- The legislative clerk read as follows: ciency and its impact on energy use. ing deadline for amendments to the A bill (H.R. 3001) to award a Congressional Landrieu substitute amendment and to Because of the limited time available Gold Medal to Raoul Wallenberg, in recogni- for the hearing, witnesses may testify S. 2237 is 1 p.m. tomorrow. tion of his achievements and heroic actions Unless an agreement is reached, the by invitation only. However, those during the Holocaust. wishing to submit written testimony cloture votes will be on Friday. We There being no objection, the Senate hope we can come to an agreement to for the hearing record should send it to proceeded to consider the bill. have them tomorrow. the Committee on Energy and Natural Mr. BENNET. Mr. President, I ask Resources, United States Senate, unanimous consent that the bill be f Washington, DC 20510–6150, or by email read three times and passed, the mo- ADJOURNMENT UNTIL 9:30 A.M. to [email protected]. tion to reconsider be laid upon the TOMORROW For further information, please con- table, without any intervening action Mr. BENNET. Mr. President, if there tact Sara Tucker at (202) 224–6224 or or debate, and any related statements is no further business to come before Meagan Gins at (202) 224–0883. be printed in the RECORD. the Senate, I ask unanimous consent The PRESIDING OFFICER. Without f that it adjourn under the previous objection, it is so ordered. order. AUTHORITY FOR COMMITTEES TO The bill (H.R. 3001) was ordered to a There being no objection, the Senate, MEET third reading, was read the third time, at 7:03 p.m., adjourned until Thursday, and passed. July 12, 2012, at 9:30 a.m. COMMITTEE ON FINANCE f f Mr. BEGICH. Mr. President, I ask unanimous consent that the Com- VETERAN SKILLS TO JOBS ACT NOMINATIONS mittee on Finance be authorized to Mr. BENNET. Mr. President, I ask Executive nominations received by meet during the session of the Senate unanimous consent that the Senate the Senate: on July 11, 2012, at 10 a.m., in room SD– proceed to the consideration of H.R. NATIONAL FOUNDATION ON THE ARTS AND THE 215 of the Dirksen Senate Office Build- 4155, which was received from the HUMANITIES ing, to conduct a roundtable to discuss House and is at the desk. DOROTHY KOSINSKI, OF THE DISTRICT OF COLUMBIA, The PRESIDING OFFICER. The TO BE A MEMBER OF THE NATIONAL COUNCIL ON THE ‘‘Medicare Physician Payments: Per- HUMANITIES FOR A TERM EXPIRING JANUARY 26, 2016, spectives from Physicians.’’ clerk will report the bill by title. VICE RICARDO QUINONES, TERM EXPIRED. The PRESIDING OFFICER. Without The legislative clerk read as follows: DEPARTMENT OF STATE objection, it is so ordered. A bill (H.R. 4155) to direct the head of each DAWN M. LIBERI, OF FLORIDA, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER MIN- COMMITTEE ON HOMELAND SECURITY AND Federal department and agency to treat rel- ISTER, TO BE AMBASSADOR EXTRAORDINARY AND PLEN- GOVERNMENTAL AFFAIRS evant military training as sufficient to sat- IPOTENTIARY OF THE UNITED STATES OF AMERICA TO Mr. BEGICH. Mr. President, I ask isfy training or certification requirements THE REPUBLIC OF BURUNDI. for Federal licenses. STEPHEN D. MULL, OF VIRGINIA, A CAREER MEMBER unanimous consent that the Com- OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER mittee on Homeland Security and Gov- There being no objection, the Senate MINISTER, TO BE AMBASSADOR EXTRAORDINARY AND proceeded to consider the bill. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA ernmental Affairs be authorized to TO THE REPUBLIC OF POLAND. meet during the session of the Senate Mr. BENNET. Mr. President, I ask WALTER NORTH, OF WASHINGTON, A CAREER MEMBER unanimous consent that the bill be OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER on July 11, 2012, at 10 a.m., to conduct MINISTER, TO BE AMBASSADOR EXTRAORDINARY AND a hearing titled ‘‘The Future of Home- read three times and passed, the mo- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA tion to reconsider be laid upon the TO PAPUA NEW GUINEA, AND TO SERVE CONCURRENTLY land Security: Evolving and Emerging AND WITHOUT ADDITIONAL COMPENSATION AS AMBAS- Threats.’’ table, with no intervening action or de- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF bate, and any related statements be THE UNITED STATES OF AMERICA TO THE SOLOMON IS- The PRESIDING OFFICER. Without LANDS AND AMBASSADOR EXTRAORDINARY AND PLENI- objection, it is so ordered. printed in the RECORD. POTENTIARY OF THE UNITED STATES OF AMERICA TO The PRESIDING OFFICER. Without THE REPUBLIC OF VANUATU. COMMITTEE ON THE JUDICIARY objection, it is so ordered. IN THE ARMY Mr. BEGICH. Mr. President, I ask The bill (H.R. 4155) was ordered to a THE FOLLOWING NAMED OFFICER FOR APPOINTMENT unanimous consent that the Com- IN THE UNITED STATES ARMY TO THE GRADE INDICATED third reading, was read the third time, WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND mittee on the Judiciary be authorized and passed. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: to meet during the session of the Sen- To be lieutenant general ate on July 11, 2012, at 9:30 a.m., in f ORDERS FOR THURSDAY, JULY 12, MAJ. GEN. DAVID R. HOGG room SD–226 of the Dirksen Senate Of- THE FOLLOWING ARMY NATIONAL GUARD OF THE fice Building, to conduct a hearing en- 2012 UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- SERVE OF THE ARMY TO THE GRADE INDICATED UNDER titled ‘‘Oversight of the Impact on Mr. BENNET. Mr. President, I ask TITLE 10, U.S.C., SECTIONS 12203 AND 12211: Competition of Exclusion Orders to En- unanimous consent that when the Sen- To be major general force Standard-Essential Patents.’’ ate completes its business today, it ad- BRIG. GEN. JOYCE L. STEVENS The PRESIDING OFFICER. Without journ until 9:30 a.m. on Thursday, July THE FOLLOWING ARMY NATIONAL GUARD OF THE objection, it is so ordered. 12; that following the prayer and UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- SERVE OF THE ARMY TO THE GRADE INDICATED UNDER COMMITTEE ON THE JUDICIARY pledge, the Journal of proceedings be TITLE 10, U.S.C., SECTIONS 12203 AND 12211: Mr. BEGICH. Mr. President, I ask approved to date, the morning hour be To be brigadier general unanimous consent that the Com- deemed expired, and the time for the COL. KYLE E. GOERKE mittee on the Judiciary be authorized two leaders be reserved for their use THE FOLLOWING ARMY NATIONAL GUARD OF THE to meet during the session of the Sen- later in the day; that the majority UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- SERVE OF THE ARMY TO THE GRADE INDICATED UNDER ate on July 11, 2012, at 2 p.m., in room leader be recognized and the first hour TITLE 10, U.S.C., SECTIONS 12203 AND 12211: SD–226 of the Dirksen Senate Office be equally divided and controlled be- To be major general Building, to conduct a hearing entitled tween the two leaders or their des- BRIG. GEN. JOHN L. GRONSKI ‘‘Judicial Nominations.’’ ignees, with the majority controlling IN THE NAVY The PRESIDING OFFICER. Without the first half and the Republicans con- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT objection, it is so ordered. trolling the final half. TO THE GRADE OF ADMIRAL IN THE UNITED STATES

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NAVY WHILE ASSIGNED TO A POSITION OF IMPORTANCE STEPHEN S. TANTAMA MICHELLE N. CARR AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION CHRISTOPHER R. TATRO JASEN P. CHRISTENSEN 601 AND TITLE 42, U.S.C., SECTION 7158: JOHN C. VENTURA DANIEL W. CLARK ERIK P. VOOGD NATHANIEL R. CLARK TO BE DIRECTOR, NAVAL NUCLEAR PROPULSION RUSTIN C. WALTERS JULIE A. CONRARDY PROGRAM DIRK A. WARREN WENDY A. COOK To be admiral JOHN B. WEATHERWAX PATRICIA L. CRELLER DAVID A. WEIS JULIE A. DARLING VICE ADM. JOHN M. RICHARDSON TIMOTHY M. WIMMER DANIEL A. DAURORA CAROLYN A. WINNINGHAM JOSEPH L. DESAMERO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STACEY Q. WOLFE AMY L. DRAYTON IN THE UNITED STATES NAVY TO THE GRADE INDICATED MARK L. WOODBRIDGE KENNETH N. DUBROWSKI WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JASON B. ELLIS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY ALISON E. FAITH To be vice admiral UNDER TITLE 10, U.S.C., SECTION 624: RONALD A. FANCHER MIKE T. FINCKBONE REAR ADM. DAVID A. DUNAWAY To be commander PATRICK J. FITZPATRICK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSE D. FLORES JOHN E. BISSELL TO THE GRADE INDICATED IN THE UNITED STATES NAVY FLEMING L. FRENCH ROBERT P. BOLTON UNDER TITLE 10, U.S.C., SECTION 624: MICHELLE A. FRENCH CYNTHIA CHINH KATHRYN A. GARNER RONNIE M. CITRO To be commander TRACEY R. GILES HARRY R. COLE, JR. CARL W. GOFORTH JOEL A. AHLGRIM CHRISTOPHER M. HAMLIN JOSEPH A. GOMEZ ZACHARY M. ALEXANDER MATTHEW B. B. MILLER MATTHEW J. GRASER DAVID A. BARROWS ROBERT H. MINER ERIC C. GRYN DAVID A. BESACHIO JOHVIN PERRY RHONDA O. HINDS JONATHAN BESCHLOSS SEPEHR RAJAEI SHARON L. HOUSE KENNETH O. BONAPARTE ALEXANDER ROYZENBLAT DIANA L. HOWELL BRANDON J. BRYANT HOWARD K. VANNESS JEFFREY L. HUFF NATALIE J. BURMAN RASHA H. WELCH BOBBY J. HURT JOSEPH R. CARNEY SABINA S. YUN TRACY R. ISAAC LEO A. CARNEY STEPHEN S. YUNE ROBERT J. CARPENTER III MARC E. JASEK JERRY W. CHANDLER II THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SHAWN B. KASE THOMAS L. CHUNG TO THE GRADE INDICATED IN THE UNITED STATES NAVY MARIE J. KELLEY SHAWN S. CLAUSEN UNDER TITLE 10, U.S.C., SECTION 624: SHAUNA R. KINGHOLLIS DANIEL E. COOPER To be commander KATHRYN J. KRAUSE JANINE R. DANKO MARK R. LANG SOPHIA E. DEBEN ROBERT L. ANDERSON II RACHEL M. LEWIS MICHAEL L. DEVAN BRENNAN S. AUTRY DAVID M. LOSHBAUGH ANDREW P. DOAN DEBRA L. BAKER ANGELO P. LUCERO JOHN D. DUERDEN CHRISTOPHER T. BLAIR JOSEPH A. MARCANTEL CHRISTOPHER A. DUPLESSIS GORDON R. BLIGHTON ABIGAIL E. MARTER MARILISA G. ELROD WILLIE J. BROWN FREDORA A. MCRAE JILL E. EMERICK GERALD F. BURKE JENNIFER A. MILLS CHRISTIN M. B. FOSTER STEPHEN A. CHAPMAN CHRISTOPHER P. NILES STEPHEN L. FOSTER SERGIO CHAVEZ SALEE J. P. OBOZA DANIEL W. GABIER MATTHEW C. DOAN RONNIE G. OKIALDA THOMAS Q. GALLAGHER MICHAEL O. ENRIQUEZ CHRISTINE C. PALARCA TODD A. GARDNER WILLIAM E. GRADY MARY K. PARKER STEVEN J. GAUERKE MICHAEL J. GRANDE ELISABET PRIETO JON C. GIACOMAN DARRYL E. GREEN ROBERT B. PROPES JOSE E. GOMEZ RONA D. GREEN KEVIN G. QUINN CARLOS E. GOMEZSANCHEZ GARY C. GROTHE, JR. SARA E. SHAFFER ISAAC GOODING MATTHEW J. HOLCOMB KIM P. SHAUGHNESSY THOMAS R. GRANT WILLIAM R. HOWARD PATRICK S. SHUSTER ELIZABETH A. GRASMUCK THOMAS D. JENKINS LISA M. SNYDER JOY A. GREER FRANCA R. JONES DARRYL B. SOL ERICA S. GROGAN WILLIAM E. KELLY TIMOTHY K. STACKS PETER M. HAMMER JASON T. LEWIS PAULINE M. STAJNER RYAN J. HARRIS KATHRYN T. LINDSEY WENDY L. STONE JESSICA M. HAYFORD NILO M. LLAGAS MAVIS R. THOMAS JUSTIN W. HEIL CHRISTOPHER J. MALDARELLA PAUL S. VILLAIRE JASON W. HOLLENSBE ANDREW L. MARTIN PHILIP D. VOYER EWELL M. HOLLIS WILLIAM J. PLUMMER III MICHELE A. WAARA ARLENE J. HUDSON DONNA POULIN PAMELA H. WALL DAVID C. JANNOTTA JAMES C. QUICK III MICHELLE E. WEDDLE ANTHONY W. KELLER ROBERT C. RAWLEIGH GERARD J. WHITE ROLAND S. KENT JEFFREY J. REPASS WILLIAM W. WIEGMANN MIN K. KIM DUNELEY A. ROCHINO FRANCISCO I. WONPAT LEO T. KROONEN RONALD L. SCHOONOVER HEATHER G. WYCKOFF CORRY J. KUCIK THAD J. SHARP WILLIAM A. YOUNG RYAN D. LAMOND MICHAEL D. SMITH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DUANE M. LAWRENCE DANIELLE M. WOOTEN TO THE GRADE INDICATED IN THE UNITED STATES NAVY FERNANDO F. LEYVA CAROL B. ZWIEBACH UNDER TITLE 10, U.S.C., SECTION 624: ANDREW H. LIN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be commander ROBERT A. LIOTTA TO THE GRADE INDICATED IN THE UNITED STATES NAVY MICHELLE F. LIU UNDER TITLE 10, U.S.C., SECTION 624: JASON W. ADAMS JASON J. LUKAS To be commander STERLEN D. BARNES STEVEN R. MAIER ROMEO O. BAUTISTA DEBRA A. MANNING MARC S. BREWEN STEVEN E. BOYCOURT CHAD Y. MAO HUGH BURKE ARCANGELO P. DELLANNO MATTHEW J. MARCUSON ARTHUR L. GASTON III PAUL W. DEMEYER JEFFREY S. MARTENS STACIA J. GAWRONSKI JOHN H. HAMILTON IV GREGORY S. MCNABB CHRISTOPHER J. GREER MICHAEL D. KRISMAN ALEX R. MINTER MATTHEW B. KUREK ANDREW J. LEWIS EMORI A. MOORE JOAN M. MALIK RYAN D. LOOKABILL CHRISTOPHER J. NEAL KIMBERLEY B. MCCANN BRIAN W. MAXWELL BRIAN G. NORWOOD KEVIN W. MESSER JOHN G. MONTINOLA TIMOTHY R. OELTMANN MARK P. NEVITT ERIK R. NALEY TAWAKALITU O. OSENI HEATHER D. PARTRIDGE ERNAN S. OBELLOS JAMES K. PALMA STEPHEN C. REYES JOEL P. PITEL GREGORY A. PATE ANGELA C. RONGOTES JEREMY C. POWELL GERALD W. PLATT JEFFREY A. SUTTON ANDRE T. SADOWSKI OBIE M. POWELL DUSTIN E. WALLACE MARTIN C. THOMAS STEVEN P. PRASKE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANGELA S. S. TORRES BRYAN D. PROPES SHAWN M. TRIGGS ELIZABETH T. REEVES TO THE GRADE INDICATED IN THE UNITED STATES NAVY KRISTIE A. ROBSON UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CORBY D. ROPP To be commander TO THE GRADE INDICATED IN THE UNITED STATES NAVY KAREN B. RUSSELL UNDER TITLE 10, U.S.C., SECTION 624: VICTOR L. RUTERBUSCH LUCELINA B. BADURA To be commander PATCHO N. SANTIAGO LAURIE E. BASABE JOEL M. SCHOFER SHELLY B. BENFIELD DAVID L. CLINE JASON W. SCHROEDER CHERIE L. BLANK BRUCE W. CROUTERFIELD CYNTHIA M. SCHULTZ SUSANNE E. BLANKENBAKER ROY E. HOFFMAN PETER J. SEBENY JOHANNA M. BRENNER JOHN T. JOHNS JOHN H. SEOK WILLIAM H. BROOKS ROBERT L. JONES, JR. BRADLEY A. SERWER CHAWN T. BROWN ERIK P. LEE WILLIAM W. SHIELDS JENNIFER J. BUECHEL EMORY C. LUSSI JEFFREY W. SINGLEY JENNY S. BURKETT LEROY G. MACK III LEAH K. SOLEY KEVIN J. BURNS HAGAN R. MCCLELLAN, JR. SCOTT A. SPARKS WILLIAM S. BYERS GABRIEL MENSAH SEAN P. STROUP CARLIN A. CALLAWAY PATRICK A. NIEMEYER MICHAEL A. SULLIVAN SANTIAGO B. CAMANO SANTIAGO RODRIGUEZ MATTHEW J. SWIBER BRIAN E. CARMAN RYAN R. RUPE

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BETH A. STALLINGA JAY A. BIESZKE THOMAS J. LYONS III MARK A. TANIS DEANNA S. CARPENTER EDWARD B. MILLER IV MICHAEL L. TOMLINSON MICHAEL W. CHUCRAN MICHAEL K. OBEIRNE PAUL S. TREMBLAY GARY W. DOSS JEFFREY M. PFEIL BRIAN D. WEIGELT RICHARD A. FICARELLI JOSEPH C. POPE TEDDY L. WILLIAMS, JR. ANA I. FRANCO JEFFREY W. SHERWOOD DAVID S. YANG JOSEPH D. HARDER III JENNIFER L. TETATZIN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RANDALL E. HARMEYER ROBERT G. TETREAULT TO THE GRADE INDICATED IN THE UNITED STATES NAVY MICHAEL A. JAMES MARK I. TIPTON UNDER TITLE 10, U.S.C., SECTION 624: RONALD J. JENKINS DUDE L. UNDERWOOD To be commander CHAD C. KOSTER JONATHAN P. WITHAM PHILLIP M. LAVALLEE EMILY Z. ALLEN WALTER S. LUDWIG

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CONFERENCE REPORT ON H.R. 4348, Among the first Europeans to explore the historic piece of legislation has had a profound MOVING AHEAD FOR PROGRESS area later settled as Alton, Illinois were Father and lasting impact on gender equity in this IN THE 21ST CENTURY ACT Jacques Marquette and Louis Joliet in 1673. country. While many people associate Title IX The Illiniwek tribes had lived in the area for with primarily promoting funding equality in SPEECH OF many years and a Native American drawing, collegiate athletics, its impact is much great- the Piasa, a fierce-looking bird that was paint- er—affecting the role of women as leaders HON. JOHN L. MICA ed on the bluffs overlooking the Mississippi and role models in our society. Title IX of the OF FLORIDA River was first documented by Fr. Marquette. Education Amendments in 1972 prohibited sex IN THE HOUSE OF REPRESENTATIVES The drawing has been reproduced many times discrimination in education programs and ac- Friday, June 29, 2012 and the Piasa can still be seen on the bluffs today. tivities receiving federal financial assistance. It Mr. MICA. Madam Speaker, I would like to Situated on the banks of the Mississippi, be- is the cornerstone of federal statutes that re- extend my personal appreciation to the dedi- tween its confluences with the Missouri and Il- quire equal access to all areas of education cated staff in the Office of Legislative Counsel linois Rivers, Alton was a natural location for for women. Title IX sent a message to young here in the House of Representatives for help- development as a river town in the early 19th women across this country that their achieve- ing us to write important legislation reauthor- Century. Rufus Easton, a St. Louis business- ments were just as great as those of their izing surface transportation programs. In addi- man who ran a ferry operation at Alton named male counterparts. tion, I would like to thank the staff of the Fed- the town after his eldest son in 1818. Because eral Highway Administration and the Federal of its excellent location, the community experi- The opportunity to succeed is an essential Transit Administration for providing us with enced tremendous growth and was incor- tenet of our American spirit; Title IX provides their technical assistance and expertise. In porated as a city in 1837. women with an opportunity to succeed in col- particular, I would like to thank the following 1837 was the year of another important legiate athletics and beyond. An entire genera- individuals for their work on this legislation: event in Alton’s history, although hardly a tion of young women has seized this oppor- FROM THE OFFICE OF LEGISLATIVE COUNSEL highlight. Abolitionist printer, Elijah Lovejoy, tunity, as evidenced by their many achieve- TRANSPORTATION AND INFRASTRUCTURE who had moved from St. Louis to Alton be- ments. In the past 40 years, women have ex- ATTORNEYS cause of increasing tensions in the slave state celled in all aspects of society. In law and gov- Curt Haensel of Missouri, was killed by a mob in Alton as ernment, we have seen the first female Rosemary Gallagher he attempted to protect his printing press. Speaker of the House, the first female Su- Tom Dillon Other significant historical notes of Alton in the preme Court Justice and the first female Sec- Kakuti Lin mid-19th Century included being a major stop retary of State. In science and technology, we Tim Brown on the Underground Railroad and the site of a have seen the first female astronaut enter CLERKS Union prison for Confederate soldiers, many of space and six female scientists receive Nobel Nancy McNeillie whom died there due to rampant disease. Prizes. Title IX has helped lay the foundation Debra Birch Alton was also the location for the final Lin- for equal educational access for these coln-Douglas debate, in 1858. RAMSEYER TEAM achievements. Craig Sterkx Famous people from Alton include re- Thomas Meryweather nowned jazz musician Miles Davis and Robert In addition, Title IX has helped create a Pamela Griffiths Wadlow, known as the ‘‘Alton Giant,’’ and still generation of young female athletes: in 1972, the tallest human in recorded history at 8 ft. FROM THE FEDERAL HIGHWAY ADMINISTRATION only 1 in 27 women participated in high school 11 inches tall. sports; now 1 in 3 participate. Sports can play Tim Arnade The 20th Century saw an increase in manu- Andrew Wishnia a key role in a young person’s successful Jennifer Steinhoff facturing in the Alton area, with steel, glass growth and development. Young people who Steven Frankel and cardboard boxes among the leading in- participate in sports are more likely to be goal- Carolyn Edwards dustries that provided employment for Alton oriented, healthy, confident and ambitious. Todd Kohr residents. As Alton has expanded and diversi- These athletes have lower teenage pregnancy Kimberly Monaco fied, it has always remained tied to the river. rates, are less likely to commit crimes and are The area is referred to as Riverbend because FROM THE FEDERAL TRANSIT ADMINISTRATION less likely to use drugs or alcohol. The dra- of the arc of the Mississippi at Alton. The Na- Rich Steinmann matic increase in female sports participation is Kate Webb tional Great Rivers Museum and the National Great Rivers Research and Education Center, undoubtedly an important factor in women’s Bonnie Graves success and advancement in the past 40 Rita Maristch both near the Melvin Price Lock and Dam at Alton, are two recent additions that promote years. Thanks to the dedication of these experts the study and appreciation of the rivers that Women have come a long way since the we have achieved a major accomplishment in gave rise to many cities like Alton. the passage of H.R. 4348. 1970s, but considerable work remains. On av- Mr. Speaker, I ask my colleagues to join me erage, a woman still earns only 77 cents for f in celebrating the 175th Anniversary of the every dollar earned by a man across all occu- City of Alton, Illinois and to wish them the very CELEBRATING THE 175TH ANNI- pations and levels of educational attainment. best for a bright and prosperous future. VERSARY OF THE CITY OF Further, women’s rights to healthcare and pre- ALTON, ILLINOIS f vention services are being challenged by IN RECOGNITION OF THE 40TH courts and legislatures across this country. As HON. JERRY F. COSTELLO ANNIVERSARY OF TITLE IX policymakers, we must remember how long it has taken women to get to this point and must OF ILLINOIS not allow gender equity to recede. We must IN THE HOUSE OF REPRESENTATIVES HON. DANNY K. DAVIS continue to legislate with the spirit of equality OF ILLINOIS Wednesday, July 11, 2012 and opportunity, as the Members of the 88th IN THE HOUSE OF REPRESENTATIVES Mr. COSTELLO. Mr. Speaker, I rise today to Congress did 40 years ago. I commend the ask my colleagues to join me in recognizing Wednesday, July 11, 2012 many achievements that women have made the 175th Anniversary of the City of Alton, Illi- Mr. DAVIS of Illinois. Mr. Speaker, I wish to since the passage of Title IX and look forward nois. recognize the 40th anniversary of Title IX. This to seeing many more in the future.

∑ 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 04:54 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A11JY8.001 E11JYPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1224 CONGRESSIONAL RECORD — Extensions of Remarks July 11, 2012 RECOGNIZING THE NIXA HIGH School in 2008 and joined the army shortly Deserves respect and rightful wages! SCHOOL BOWLING TEAM thereafter. He was assigned to Joint Base Defend the honor of your vocation! Lewis-McChord near Tacoma, Washington in Keep its standards lifted high! 2009. His first deployment was in July 2009 Unite! Join this call to action! HON. BILLY LONG Embrace these stanzas as your battle cry! OF MISSOURI where he was a part of the 5th Brigade, 2nd f IN THE HOUSE OF REPRESENTATIVES Infantry Division. Sergeant Rodriguez decided to re-deploy on a second tour of duty in order IN HONOR OF MANDELA DAY Wednesday, July 11, 2012 to better provide for his wife and young son. Mr. LONG. Mr. Speaker, I rise today to con- On his second tour, he was in the 4th Bat- gratulate the Nixa High School Bowling Team talion, 23rd Infantry Regiment, 2nd Stryker Bri- HON. LAURA RICHARDSON for winning their second State High School gade Combat Team, 2nd Infantry Division. He OF CALIFORNIA Bowling Championship. received the Army Achievement Medal, Army IN THE HOUSE OF REPRESENTATIVES Nixa High School’s bowling team, in its sec- Good Conduct Medal, National Defense Serv- Wednesday, July 11, 2012 ond year of existence, returned to defend its ice Medal, Army Commendation Medal Com- Ms. RICHARDSON. Mr. Speaker, I happily championship title at the Missouri State Tour- bat Service, Global War on Terrorism Service rise today to celebrate Nelson Mandela’s birth- nament and left its competition in the gutter. Medal, Non-Commissioned Officers Profes- day on July 18. Mr. Mandela is a man whose The Eagles advanced with 3 other local teams sional Development Ribbon, Army Service life has been absolutely dedicated to service to the Missouri State Championships where Ribbon, Overseas Ribbon, NATO Medal, Cer- and social justice. they competed against 23 other teams from all tificate of Achievement, and Combat Infantry From a young age, Mr. Mandela was aware across the state. Badge. The team, which included seniors Kyle Sergeant Rodriguez’s family called him a re- of the economic and civil injustices that Bates and Jacob Nelson; juniors Justin Lair, sponsible, quiet, and caring man. He had plagued South Africa under apartheid, where Kristen Nunn, Nick Zummo, and Brandon hoped to become a firefighter after returning racial discrimination was official government Maser; and sophomores David Krol, Shannon home next year. He leaves behind a loving policy. Mr. Mandela joined the African National Burns, and Dylan Brentlinger, initially com- wife, Maria ‘‘Lupita’’ Rodriguez and a thirteen Congress and worked to end minority rule in peted in 24 games which followed the Baker month old son, Octavian. He is also survived his home country, becoming an enemy of the Format. by his parents Margarita Rodriguez and Au- South African government. The Baker format is patterned after college gustine Rodriguez; his brothers, Ruben Rodri- In 1963, Mr. Mandela was sentenced to life bowling competitions and is used to maintain guez, Julian Rodriguez, Edgar Rodriguez, imprisonment for political offenses, ultimately a quicker pace from game to game, yielding Jonathon Rodriguez and his two sisters, Judith serving 27 years. During this time, he refused more excitement. Nixa bowling was the Num- Rodriguez and Jacqueline Rodriguez. to renounce his political beliefs in exchange ber 1 seed out of the top five teams to ad- Mr. Speaker, together with my colleague, for a reduced term, and he remained stead- vance to the championship round, and the Congressman JIM COSTA, the recognition that fastly committed to his cause. Many would see team ultimately prevailed against Jefferson we are offering today before the House of a life sentence as total defeat, but Mr. City after two straight games with scores of Representatives for Sergeant Jose Rodriguez Mandela continued his campaign and, in doing 215–174 and 211–196. is small compared to the contributions and im- so, became an international symbol of resist- While bowling is usually recognized as an pact he had on the lives of so many. He was ance. individual sport, the Baker competition format truly an invaluable member of our community Despite a lifetime of constant struggle, Mr. required each member of the Nixa bowling and an outstanding human being. My thoughts Mandela never became bitter or overcome team to think as a team because each shot are with Sergeant Rodriguez’s family and the with anger. He instead looked ahead to the would be included as part of one score. As a community as they grieve the loss of this won- possibility of equality and freedom in a country result, teams competing in this format will only derful young man. that had always been divided by race. His dream was not to wage war against his op- be as good as their weakest link because all f players participate in only 2 frames each. pressors. Rather he sought to liberate them BATTLE CRY, A CRY TO ACTION Coaches David Krol and Larry Hughes from ignorance and hatred and create a uni- worked diligently to instill that concept in their fied nation. team and should be proud of their accomplish- HON. RALPH M. HALL Mr. Mandela’s struggle has distinguished ment in guiding such a phenomenal group of OF TEXAS him as an extraordinary leader in the eyes of young men and women. I commend them all IN THE HOUSE OF REPRESENTATIVES the international community and his fellow South Africans. Mr. Mandela was presented on a job well done. Wednesday, July 11, 2012 with the Nobel Peace Prize in 1993, and he The Nixa community is justifiably proud of Mr. HALL. Mr. Speaker, I rise today to this extraordinary group of young and talented accepted the award on behalf of all South Afri- present a poem by Dona Julian Cassel. Ms. cans who had made tremendous sacrifices in future leaders. Cassel graduated from East Texas State Uni- I urge my colleagues to join me in congratu- the name of peace and liberty. The following versity, currently Texas A&M University-Com- lating the Nixa High School Bowling Team as year, he was elected President of South Africa merce, in 1967 with a bachelor’s degree in El- they celebrate their second State Bowling in the first fully representative democratic elec- ementary Education and 1971 with a master’s Championship. tion, defeating apartheid rule. degree in English. She is a retired teacher Even after stepping down from the South f who has since formed her own training com- African presidency, Mr. Mandela’s commitment IN MEMORY OF SERGEANT JOSE pany which works with businesses to teach to service did not waiver. Mr. Mandela has RODRIGUEZ their staff communication and customer serv- since founded three foundations: The Nelson ice skills. Mandela Centre of Memory, the Nelson HON. DENNIS A. CARDOZA Ms. Cassel’s writing is timely for our Nation, Mandela Children’s Fund, and the Mandela- and something I believe can inspire Americans Rhodes Foundation. I am truly inspired by Mr. OF CALIFORNIA to act. IN THE HOUSE OF REPRESENTATIVES Mandela’s tireless work and continued advo- BATTLE CRY, A CALL TO ACTION cacy. Wednesday, July 11, 2012 Now is the time to take your stand! In 2009, July 18 was adopted by the United Mr. CARDOZA. Mr. Speaker, it is with great Don’t huddle in the shadows anymore— Nations as Nelson Mandela International Day sadness that I rise today with my colleague Your collective voices must soon be heard. of Service. Mr. Mandela gave 67 years of his Send your lawmakers a resounding roar! Congressman JIM COSTA to honor the late Sgt. life to the fight for human rights, and people all Jose Rodriguez who was killed on June 19, Make your earnest requests be known! over the world are asked to spend Mandela Demand from Congress and from your 2012 in Kandahar province, Afghanistan while state— Day giving 67 minutes of their time to serve supporting Operation Enduring Freedom. Ser- Empowerment to teach as you know best their local communities and charities. geant Rodriguez paid the ultimate price, sacri- To produce the results that made America Mr. Speaker, apartheid has ended, but ficing his life, while protecting and serving the great! struggles for peace and human dignity persist United States of America. O teachers! What power you still possess! in all corners of the world. I remember one Sergeant Rodriguez was raised in Newman Immortal forces upon the ages— passage that Mr. Mandela wrote: ‘‘After climb- and Gustine. He graduated from Gustine High This noble profession which is your calling ing a great hill, one only finds that there are

VerDate Mar 15 2010 03:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JY8.004 E11JYPT1 smartinez on DSK6TPTVN1PROD with REMARKS July 11, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1225 many more hills to climb.’’ With this sentiment benefactor, William Marsh Rice, the university Carolina Senate, Senator Edward Jones in mind, I ask my colleagues and fellow Ameri- has continued to excel, with an impressive list serves his constituency with a legacy of humil- cans to join me in observing Mandela Day and of accomplishments and achievements over ity and patriotism. He truly embodies his per- continuing Mr. Mandela’s legacy in our own the past century. sonal motto, ‘‘We are not judged by the titles communities. As a leading research university with a com- we possess, but by the job we do.’’ mitment to undergraduate education, Rice f Senator Jones’ public service extends back consistently ranks among the top 20 univer- HONORING JOHN P. BRODER sities in the United States overall and ranks to his duties in the 82nd Airborne Division of among the world’s top 100 universities every the U.S. Army. After an honorable discharge HON. CAROLYN McCARTHY year. from the military, Edward Jones served as OF NEW YORK The University is leading research in a wide Deputy Sheriff in Buncombe County prior to IN THE HOUSE OF REPRESENTATIVES range of fields, from bioinformatics, cellular enrolling in the North Carolina Justice Acad- emy where he became a patrolman in 1975. Wednesday, July 11, 2012 technology, and health, to nanotechnology, and space. Rice is the first university in the At the time, he was one of only three African Mrs. MCCARTHY of New York. Mr. Speak- United States to create a department dedi- American troopers in North Carolina, and de- er, I rise today to recognize and honor my cated to space exploration. In fact, the land fied odds by rising to the rank of Sergeant in friend, John P. Broder, upon his retirement that is now home to the Johnson Space Cen- 1985 and ultimately First Sergeant in 1995. from Winthrop-University Hospital. ter of the National Aeronautics and Space Ad- Upon retirement from the State Highway Pa- Mr. Broder has been in the marketing, pub- ministration in Houston was originally donated trol, he went on to serve as Chief of Police lic affairs and development profession for 42 by Rice. and later Mayor for the city of Enfield, located years. For the past 20 years, he has been the The university also has a proven track in Halifax County. His service in these two Vice President for External Affairs and Devel- record of producing strong, dependable com- roles provided significant exposure to local opment at Winthrop-University Hospital. He munity and national leaders including: Former was responsible for government relations and U.S. Secretary of State James Baker, Former concerns and a firm foundation for his subse- development programs and has been instru- Attorney General Alberto Gonzalez, current quent political career. mental in establishing the marketing, adver- City of Houston Mayor Annise Parker, Nobel In 2005, Jones was appointed to the North tising and public affairs department at the Prize of Chemistry Dr. Richard Smalley, NASA Carolina General Assembly to complete the Hospital. Astronaut Peggy Whitson, and All-Star Major unexpired term of Representative John Hall. In Mr. Broder received his degree in business League Baseball player Lance Berkman, just 2007, he was appointed again, this time to administration from the St. Michael’s College to name a few. complete the unexpired term of Senator Rob- in Vermont and earned his MBA in Marketing Truth be told, each year I take my two sons ert Holloman. In this seat, which remains as from the Hagen Graduate School of Business down to Reckling Park to watch from the hill his current post, he serves North Carolina at Iona College. In addition, Mr. Broder was and left field the Rice Owls compete in NCAA Senate’s Fourth District, one of the largest dis- honorably discharged from the U.S. Army after baseball. It’s a tradition in our family. tricts in the legislature. As Senator, Jones has serving a combat tour in the Republic of Viet- Mr. Speaker, it is an honor to join with Rice distinguished himself in the area of crime and nam. He began his career with the United University administration, staff, alumni, stu- public safety. He not only leads from the sen- Way of Tri-State before moving to the Colum- dents and community in celebrating this mile- ate floor, but also on a grassroots level as he bia Presbyterian Medical Center where he was stone and I look forward to the bright future frequently visits communities, agencies, and responsible for the hospital’s successful $110 and successes coming out of Rice University million capital campaign. Prior to joining the over the next centennial. I am confident the organizations to assess respective needs and team at Winthrop, Mr. Broder was the Vice best is yet to come. concerns. President in charge of the development pro- f Outside the legislature, Senator Jones is grams at Long Island Jewish Medical Center. decorated with many achievements. He is the In addition to his impressive career, Mr. PERSONAL EXPLANATION first African American to serve on the Board of Broder has made time to serve the community Trustees at Chowan University. He is a mem- through a variety of organizations. He is the HON. YVETTE D. CLARKE ber of the Governor’s Crime Commission, the Vice President of the Mineola Chamber of OF NEW YORK North Carolina Legislative Black Caucus, and Commerce, a board member and past Presi- IN THE HOUSE OF REPRESENTATIVES board member of the Halifax County Boys and dent of the Mineola Lions Club, Director of the Girls Club. Fair Media Council, works with the Mineola Wednesday, July 11, 2012 Community Planning Committee, and is a Ms. CLARKE of New York. Mr. Speaker, on While his commitment to public service is member of the Corporate Advisory Committee the Legislative Day of July 9, 2012, I missed commendable, it is noteworthy that he is of Literacy Nassau, to name a few. two votes. Had I been present for these rollcall deeply rooted in his faith and family. Jones is For more than 30 years Mr. Broder has votes, I would have voted ‘‘Yes’’ on rollcall the proud husband to wife, Mary Ann, father to been a resident of Long Island and through 452—H.R. 4155—Veteran Skills to Jobs Act daughters Alesha and Andrea, and ‘‘Papa’’ to his work and his volunteer service he has and ‘‘Yes’’ on rollcall 453—H.R. 4367—ATM granddaughters, Charisma, Carmen, and done a great deal to help improve our commu- Fee Disclosure Requirement. Farrah. nities. f Senator Jones is a man of honor, valor, and Mr. Speaker, it is with admiration and re- HONORING NORTH CAROLINA commitment. I urge my colleagues to join me spect that I offer my thanks and recognition to in applauding Senator Edward Jones’ lifelong my friend John P. Broder for his many years STATE SENATOR EDWARD JONES dedication to the people of North Carolina. of hard work and friendship. ON THE OCCASION OF RECOGNI- TION BY DOWNTOWN ENFIELD f RESTORATION AND PRESERVA- f HONORING RICE UNIVERSITY ON TION THEIR CENTENNIAL ANNIVERSARY PERSONAL EXPLANATION HON. G.K. BUTTERFIELD HON. KEVIN BRADY OF NORTH CAROLINA HON. KEITH ELLISON OF TEXAS IN THE HOUSE OF REPRESENTATIVES OF MINNESOTA IN THE HOUSE OF REPRESENTATIVES Wednesday, July 11, 2012 IN THE HOUSE OF REPRESENTATIVES Wednesday, July 11, 2012 Mr. BUTTERFIELD. Mr. Speaker, I rise with Mr. BRADY of Texas. Mr. Speaker, I rise great pleasure to honor North Carolina State Wednesday, July 11, 2012 today to celebrate the 100th Anniversary of Senator Edward Jones. Senator Jones’ stead- Rice University in Houston, Texas as a promi- fast commitment to North Carolina and its Mr. ELLISON. Mr. Speaker, on July 9, 2012, nent research university advancing education Fourth Senatorial District is to be applauded I missed rollcall votes No. 452–454 due to a in the arts, humanities and sciences. Inaugu- as a fine example of a public servant. As the family obligation. Had I been present I would rated on October 12, 1912 and named after its only retired State Trooper elected to the North have voted ‘‘yea.’’

VerDate Mar 15 2010 03:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JY8.005 E11JYPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1226 CONGRESSIONAL RECORD — Extensions of Remarks July 11, 2012 HONORING THE WORLD WAR II HEALTHCARE REPEAL AND and $1 billion in loan repayment costs, respec- VETERANS OF ILLINOIS WOMEN’S RIGHTS tively. Unfortunately, the agreement prevents the HON. LOUISE McINTOSH SLAUGHTER interest rate hike by cutting student financial aid, continuing a disturbing trend in which the HON. MIKE QUIGLEY OF NEW YORK Republican Leadership insists that low-income IN THE HOUSE OF REPRESENTATIVES OF ILLINOIS and middle-class students pay for federal stu- IN THE HOUSE OF REPRESENTATIVES Wednesday, July 11, 2012 dent aid programs and deficit reduction. In the Ms. SLAUGHTER. Mr. Speaker, this bill will last two years, the Republican Leadership has Wednesday, July 11, 2012 never become law, and it is a perfect symbol insisted on multiple cuts to student aid, includ- ing: elimination of the interest subsidy for Mr. QUIGLEY. Mr. Speaker, I rise to honor of the failure of this Congress. graduate student loans; elimination of the in- the World War II veterans who traveled to Over the last two years we’ve voted more terest subsidy for the six-month grace period Washington, DC, on July 11, 2012 with Honor than 30 times to mess with the healthcare re- after finishing school; elimination of summer Flight Chicago, a program that provides World forms in the Affordable Care Act. This Con- Pell grants; reduction in the number of semes- War II veterans the opportunity to visit the gress could barely bring itself to pass a trans- ters a student can receive Pell grants; erection World War II Memorial on The National Mall in portation bill, yet it found the time to vote on of barriers to qualifying for the maximum Pell Washington, D.C. This memorial was built to the same issue 30 times. grant; and reduced eligibility for the minimum honor their courage and service to their coun- The second biggest priority of this Congress appears to be the legislative war on women. Pell grant award. These cuts require low-in- try. We’ve taken at least 9 votes to take away come and middle-class students to incur The American Veteran is one of our great- rights and protections away from women, and roughly $20 billion in the cost of their federal est treasures. The Soldiers, Airmen, Sailors, specifically attacking women’s health. loans and resulted in 145,000 students losing Marines, and Coast Guardsmen who traveled In short, this Congress has spent two years their Pell grants. Rather than viewing federal here on July 11 answered our nation’s call to actively working against the rights of women support for higher education as an investment service during one of its greatest times of and healthcare of American families. in our nation, Republicans in the House prefer need. From the European Campaign to the Prior to the Affordable Care Act becoming to subsidize oil companies that make tens of Pacific Asian Theatre to the African Theater, law, being a woman was a pre-existing condi- billions of dollars in profits rather than help these brave Americans risked life and limb, tion. Women were denied health insurance low-income and middle-class students afford gave service and sacrificed much, all while coverage because they were victims of do- college. I firmly believe that we must help all embodying what it is to be a hero. We owe mestic abuse, and when they were given citizens access the American dream, not just them more gratitude than can ever be ex- health insurance coverage, they oftentimes the most privileged. We must strengthen the pressed. paid more than men for the same level of system of student aid, not weaken it. In addition to interest rates, there are mul- I welcome these brave veterans to Wash- care. Companies that have a large number of tiple other education policies that lawmakers ington and to their memorial. I am proud to female employees faced higher healthcare must support in order to prepare our youth for submit the names of these men and women costs than other companies—all because the future. For example, we must increase Pell for all to see, hear, and recognize, and I call health insurance companies could, and did, Grants, which constitute a critical avenue by on my colleagues to rise and join me in ex- get away with price discrimination. which low-income students access higher edu- pressing gratitude. The Affordable Care Act finally gave women equal rights when it came to healthcare, and cation. If Pell Grants are reduced in any way, Russell J. Abbott, Elizabeth M. Adamo, Ken- it is the reason I rise to defend that lifesaving attending and completing college will be be- neth H. Amdall, William B. Barnard, Philip legislation today. I strongly oppose the political yond the financial reach of the vast majority of Basic, Marvin D. Berns, Joseph A. Berttucci, charade that is being carried out here today— low-income students. Reductions in Pell also Forest Black, Edward N. Boersma, Robert and on behalf of every woman who is no will have a disparate negative impact on racial Bourdage, John A. Brodinski, Michael P. longer a second-class citizen, I urge my col- and ethnic minority groups given that 46% of Cernyar, Leonard E. Chapp, Bernard J. leagues to vote against today’s bill. African Americans, 39% of Hispanics, 36% of Chesner, Daniel L. Chorney, Raymond E. f American Indians, and 22% of Asian American Crotty, John A. Deora, Xenophon Doudalis, and Pacific Islander undergraduate students Robert C. Ellis, David Epstein, E. John SUPPORTING PROTECTION OF FED- rely on Pell, with African Americans rep- Faassen, Natale Fazio, Peter A. Ferro, Ruthe ERAL FINANCIAL ASSISTANCE resenting about one-quarter and Latino Ameri- C. Foster, Walter C. Gardynski, August FOR HIGHER EDUCATION cans representing approximately one-fifth of Genge, Jr., Owen Gillespie, Helmuth Goering, Pell recipients. For the 2012–2013 academic Kent Goldbranson, W. Leonard Gregory, Lad HON. DANNY K. DAVIS year, the maximum Pell Grant will be at a his- Gregurich, John F. Gruber, Lewis Hague, OF ILLINOIS toric low, covering less than one-third of the Rueben W. Helander, Raymond F. Henders, IN THE HOUSE OF REPRESENTATIVES cost of a four-year degree. This is unaccept- James H. Hurley, Howard J. Jacklin, William able. N. Johnson, Raymond G. Kapinus, Edward Wednesday, July 11, 2012 Further, policymakers must also maintain Kelby, Vette E. Kell, Arthur M. Koblish, Ronald Mr. DAVIS of Illinois. Mr. Speaker, President consumer protections on student loans, such E. Kregel, Sophie E. Kulaga, James Lamont, Franklin Delano Roosevelt once said, ‘‘We as income-based repayment as well as re-in- Donald L. Lawler, Richard H. Leadbetter, Al- cannot always build the future for our youth, stitute bankruptcy protections for private stu- bert Lee, Howard D. Levinson, Philip J. but we can build our youth for the future.’’ Col- dent loans. Income-based repayment is a crit- LoMonaco, Louis Lowy, Raymond Lowy, lege access and success are fundamental ical improvement to financial aid that makes Teddy A. Madej, Alvin B. Manheim, Randall E. stepping stones toward economic security and higher education affordable by limiting repay- McMinn, Eugene S. Mikos, John R. Minerick, global competitiveness. As policymakers, it is ment based on the income and family size of Salvatore Morello, William R. Morrow, Glen E. imperative that we support students in making borrowers. For most borrowers, loan payments Nelson, Henry L. Offerman, Edwin Ogonowski, college affordable so that our citizens and na- end up being less than 10 percent of their in- Arthur Olsen, Calvin Parmele, Myron Petrakis, tion can prosper. come—or nothing if the borrower experiences Raymond Anthony Pfeifer, Martin A. Poenisch, I strongly supported the passage by the financial difficulty. After 25 years of qualifying Daniel C. Reese, Amos John Roberts, John House of the bipartisan Senate agreement to payments, the remaining loan amount is eligi- Patrick Roche, Ray Rooney, Frederick prevent a doubling of the student loan interest ble for forgiveness. These Democratically- Rosenow, Eugene H. Seibert, Richard A. rates. Without this action before July 1, more championed policies promise to help bor- Siver, Donald E. Skelton, Charles A. Smith, than seven million students would have seen rowers handle their student loan debt in a re- Ora L. Smith, Richard L. Soderlund, Thomas their interest rates double, resulting in an ap- sponsible manner as they enter the workforce, E. Sullivan, Arthur R. Tessmann, Jasper C. proximate $1000 additional debt burden per have families, and purchase homes. Tromp, William John Unger, Jack Vollriede, student for this year. Indeed, failure to act Consumer protections related to bankruptcy Owen F. Wagener, Harry R. Warren, Joseph would have added $6.3 billion to students’ for private student loan debt are equally im- G. Wegrzyn, Oddie Wiley, Raymond A. Wilke, debt burden in 2012, with 1.5 million African- portant, but will require Congressional action. Ferguson L. Willis, William Fred Wilson, Wil- American students and 1 million Latino stu- Unfortunately, without any hearings, in 2005 liam F. Wolf, Arthur W. Youngberg. dents experiencing an additional $1.5 billion Congress made private student loans by for-

VerDate Mar 15 2010 03:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JY8.011 E11JYPT1 smartinez on DSK6TPTVN1PROD with REMARKS July 11, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1227 profit lenders extremely difficult to discharge in Food and Drug Administration (FDA) last week In recent days, the exploitation and forced bankruptcy even after meeting the restrictive approving the OraQuick In-Home HIV test and abortion at seven months of Feng Jianmei has criteria for bankruptcy, treating private student commend OraSure Technologies for this pro- sparked global outrage—and deep concern for debt in the same manner as debts for criminal found advancement in HIV/AIDS diagnostics. her welfare and that of the women of China penalties and back taxes. This 2005 change This test is the first rapid over-the-counter HIV (In early July, the European Parliament gave special federal protections to for-profit test approved in the United States. The ‘‘strongly condemned’’ China’s one child and lenders, penalized borrowers for pursuing OraQuick In-Home HIV test detects the pres- forced abortion policy). While Feng remains in higher education, and provided no incentive to ence of HIV antibodies roughly 20 minutes a hospital—she calls it a prison—her husband, private lenders to lend responsibly. Private after a simple oral swab. It is also the first Deng, has been beaten. Feng’s gross mis- education debt is no different than other con- rapid diagnostic test for any infectious disease treatment however is far too commonplace. sumer debt; it involves private profit and de- that has been approved by the FDA for sale Feng Jianmei was forced to undergo an serves no privileged treatment. Congress must over-the-counter. abortion on June 2nd, seven months into her restore fairness in student lending by treating The FDA’s decision is a significant moment pregnancy. Media reports indicate that local privately issued student loans in bankruptcy in the history of our fight against HIV/AIDS. officials in northwestern Shaanxi Province held the same as other types of private debt This Since the beginning of the epidemic, getting Ms. Feng for three days, blindfolded, and co- is why I introduced the Private Student Loan individuals tested has been a critical compo- erced her to consent to the abortion. Even Bankruptcy Act, which I will continue to cham- nent of HIV prevention and linkage to care. with the supposed consent, it took five men to pion until it is law. HIV testing enables individuals to know their hold her down and administer the drug that in- A strong economy requires an educated status and protect their health as well as the duced the 48 hour labor. The injection was workforce, and an educated workforce comes health of others. Yet, over 1 million Americans given directly to the child’s head. from ensuring students and their families have are unaware of their infection. Those who do Ms. Feng’s husband, Deng, posted graphic what they need to prepare for, enroll in, and not know they have HIV are disproportionately photos of his wife and the dead baby online, complete college. Given that student debt has responsible for the nearly 50,000 new infec- embarrassing the government. Deng Jicai, Mr. surpassed credit card debt for the first time in tions that occur each year. The availability of Deng’s sister, said her brother and sister-in- history, our economy remains fragile, and the an over-the-counter test will lead to greater law had refrained from speaking to media but labor market demands increased skills, now is testing, increased diagnoses, reduced trans- decided to speak to German reporters who not the time to make deep and permanent missions, earlier treatment and saved lives. traveled to Shaanxi when the government did cuts to critical college programs serving needy OraSure Technologies, located in the heart not produce investigation results as promised. students. I urge the Republican Leadership to of the Lehigh Valley in the 15th Congressional Ms. Deng reported to the media that the invest in education and support students. I will District of Pennsylvania, has been at the fore- local government organized a backlash steadfastly protect federal financial assistance front of rapid diagnostics for over a decade. against the family members, calling them trai- for higher education so that we can build our This most recent accomplishment comes on tors and keeping them under surveillance, ap- youth for the future. the heels of the company receiving approval parently angered over the family’s contacts f for our nation’s first rapid test for Hepatitis C. with journalists. Local residents took a long HONORING THE LADY JACKET’S Headquartered in Bethlehem, PA, OraSure’s bus ride to the hospital where Ms. Feng was BASKETBALL TEAM innovation has led to an economic resurgence recovering from the abortion and dem- on a brownfield site where Bethlehem Steel onstrated with banners reading, ‘‘beat the trai- HON. RALPH M. HALL once stood proud. tors soundly and expel them from Zengjia Again, it is an honor to commend OraSure township!’’ Family members claim that the OF TEXAS demonstration seemed to be a campaign or- IN THE HOUSE OF REPRESENTATIVES for leading the way in transforming diagnostic testing through innovative new technologies ganized and funded by the local authorities Wednesday, July 11, 2012 and playing a key role in what will hopefully be but made to look like a spontaneous public Mr. HALL. Mr. Speaker, I rise today in honor a transformation in the fight against HIV/AIDS. gesture. Mr. Deng reportedly also was beaten of the Lady Jacket Basketball team of I want to extend my congratulations to the and labeled a traitor for speaking out about Rockwall, Texas for their efforts during the company and all of its employees for earning the crime. 2012 4A State Championship game in Austin, approval of the first over-the-counter in-home The China Daily reported that there was no Texas. HIV test. This achievement will have a dra- legal basis for the fine of $6,300 for the sec- The game was extremely close; however, matic impact on the number of individuals who ond pregnancy that Ms. Feng refused to pay. the Lady Jackets fell short 45–42, showing in- will learn their HIV status and most impor- The local government also has admitted that credible heart and determination throughout tantly, save countless lives. Ms. Feng’s legal rights were violated. Publicity the game. I commend their hard work through- f surrounding the forced abortion prompted the out the entire season. firing of two local officials and warnings or de- The Lady Jacket’s head coach, Jill McDill, FORCED ABORTION AT 7 MONTHS merits being issued against five others. praised her team as one of the best defenses OF FENG JIANMEI SPARKS Mr. Deng escaped from the hospital where she had ever coached. GLOBAL OUTRAGE—AND CON- both he and his wife were being forcibly de- Special congratulations to Paige Turner and CERN tained. He traveled to Beijing and hired a law- Alyssa Lang for being named to the Class 4A yer to sue the local government. Mr. Deng’s All-Tournament Team. HON. CHRISTOPHER H. SMITH location is now unknown, but it is believed that The reputation of the Lady Jacket Basket- OF NEW JERSEY he is in hiding. Ms. Feng is still being held at ball program is one that is filled with pride and IN THE HOUSE OF REPRESENTATIVES the hospital. respect from the players, fans, and the entire The lawyer, Zhang Kai, said recently that he Rockwall community. Wednesday, July 11, 2012 has sent a legal request on behalf of Feng’s Mr. Speaker, as we adjourn today, let us Mr. SMITH of New Jersey. Mr. Speaker, husband, Deng Jiyuan, asking local police and recognize Rockwall’s Lady Jacket Basketball China’s one-child policy in effect since 1979 is prosecutors to investigate criminal infractions team, commend them for their successful sea- state sponsored murder and constitutes mas- in the case. Deng also is seeking unspecified son, and wish them continued success. sive crimes against humanity. The Nuremberg compensation from the government, Zhang f Nazi war crimes tribunal properly construed said. CONGRATULATING ORASURE forced abortion as a crime against humanity— The widespread circulation of the photos TECHNOLOGIES FOR HIV/AIDS nothing in human history compares to the posted by Mr. Deng has prompted renewed BREAKTHROUGH magnitude of China’s 33 year assault on debate in China and the world regarding the women and children. one-child policy, possibly including within the HON. CHARLES W. DENT Abortion is a weapon of mass destruction. government itself. Researchers with a center Millions have been exterminated. affiliated with China’s State Council, the equiv- OF PENNSYLVANIA Today in China, rather than being given ma- alent of China’s cabinet, argued in an essay IN THE HOUSE OF REPRESENTATIVES ternal care, pregnant women without birth al- published in the China Economic Times news- Wednesday, July 11, 2012 lowed permits are hunted down and forcibly paper on July 3, 2012, that China should ad- Mr. DENT. Mr. Speaker, I am thrilled to aborted. They are mocked, belittled, and hu- just the one-child policy ‘‘as soon as possible’’ draw attention to a landmark decision by the miliated. to head off a potential demographic crisis.

VerDate Mar 15 2010 03:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JY8.013 E11JYPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1228 CONGRESSIONAL RECORD — Extensions of Remarks July 11, 2012 The Wall Street Journal on July 6th also re- force. After the person in white pressed my and the limitation of the family size to one ported that a group of prominent Chinese belly with her hands and felt the position of child, the policy has directly contributed to scholars issued an open letter on Thursday my baby’s head, she stuck a big, long, fatal what is accurately described as gendercide— needle deep into my abdomen . . . By then, calling for a rethink of the country’s one-child my unborn baby had already been murdered the deliberate extermination of a girl—born or policy. The group argued that the policy in its and I lost heart. unborn—simply because she happens to be a current form is incompatible with China’s in- girl. creasing respect for human rights and need This is the grim reality of the one-child-per- As a result of the Chinese government’s for sustainable economic development. The couple policy. As we have known for three barbaric attack on mothers and their children, letter comes less than a month after Feng’s decades, there are no single moms in China— there are some tens of millions of missing photo and story ignited public anger. except those who somehow evade the family daughters in China today. It has been noted ‘‘The birth-approval system built on the idea planning cadres and conceal their pregnancy. that the three most dangerous words in China of controlling population size as emphasized in For over three decades, brothers and sisters today are: ‘‘it’s a girl!’’ the current ‘Population and Family Planning have been illegal; a mother has absolutely no Because of the missing girls—China today Law’ does not accord with provisions on the right to protect her unborn baby from state has become the human sex trafficking magnet protection of human rights contained in the na- sponsored violence. of the world. Women and young girls from out- tion’s constitution,’’ the authors of Thursday’s The price for failing to conform to the one- side the country are being sold as commod- letter wrote, adding that a rewriting of the law child-per-couple policy is staggering. A Chi- ities throughout China—a direct consequence was ‘‘imperative.’’ nese woman who becomes pregnant without a of the one-child policy. The list of signatories to Thursday’s letter in- permit will be put under mind-bending pres- I am the author of the Trafficking Victims cluded several high-profile figures, including sure to abort. She knows that ‘‘out-of-plan’’ il- Protection Act of 2000, a comprehensive law Beijing University sociologist Li Jianxin and legal children are denied education, health- to prevent trafficking, prosecute traffickers and Internet entrepreneur James Liang. ‘‘This is a care, and marriage, and that fines for bearing protect victims. time during which people all over the world a child without a birth permit can be 10 times One provision of the law requires an annual have realized there are problems with the the average annual income of two parents, assessment of every country. According to this [one-child] policy,’’ Mr. Liang, the co-founder and those families that can’t or won’t pay are year’s TIP Report released on June 19th: and chief executive of Chinese online travel jailed, or their homes smashed in, or their China’s birth limitation policy, coupled site Ctrip.com, told The Wall Street Journal. young child is killed. If the brave woman still with a cultural preference for sons, creates a Mr. Liang, who has spent the past five years refuses to submit, she may be held in a pun- skewed sex ratio in China, which served as a pursuing a Ph.D. in economics at Stanford ishment cell, or, if she flees, her relatives may key cause of trafficking of foreign women as University and just published a book chal- be held and, very often, beaten. Group pun- brides for Chinese men and for forced pros- ishments will be used to socially ostracize titution. lenging the notion that China has too many The government took no discernible steps people, said he has felt a recent opening up her—her colleagues and neighbors will be de- nied birth permits. If the woman is by some to address the role that its birth limitation of discussion around the one-child policy. policy plays in fueling human trafficking in Mr. Liang, who advocates a complete dis- miracle still able to resist this pressure, she China, with gaping gender disparities result- mantling of the family-planning system rather may be physically dragged to the operating ing in a shortage of female marriage part- than a two-child system put forward by others, table and forced to undergo an abortion. ners. The government failed to take any said he initially became interested in the one- Her trauma, like Feng and Guo, is incom- steps to change the policy; and in fact, ac- child policy when he came across research prehensible. It is a trauma she shares, in cording to the Chinese government, the num- showing that innovation and entrepreneurship some degree, with every woman in China, ber of foreign female trafficking victims in China rose substantially in the reporting pe- are dominated by young people. He said he whose experience of intimacy and motherhood is colored by the atmosphere of fear. The riod. The Director of the Ministry of Public feared a shrinking of the population of young Security’s Anti-Trafficking Task Force stat- people would hamper the country’s efforts to World Health Organization (WHO) reports ed in the reporting period that ‘‘[t]he num- evolve beyond being merely the world’s fac- staggering 500 female suicides per day in ber of foreign women trafficked to China is tory. ‘‘From an economic perspective, the one- China. China is the only country in the world definitely rising’’ and that ‘‘great demand child policy is irrational. From a human-rights where the female suicide rate is higher than from buyers as well as traditional pref- perspective, it’s even less rational,’’ Mr. Liang the male, and according to the Beijing Psycho- erences for boys in Chinese families are the said. logical Crisis Study and Prevention Center, in main culprits fueling trafficking in China. Earlier this week, I heard testimony from China the suicide rate for females is three A June 26th op-ed in The People’s Daily— Guo Yangling, who like Feng, will tell us how times higher than for males. the official newspaper of the Chinese Com- she suffered a brutalizing late term forced The result of this policy is a nightmarish munist Party—shed light on the emerging de- abortion: ‘‘brave new world’’ with no precedent in mographic catastrophe that is China. Heading out to buy breakfast . . . I was human history, where women are psycho- The article titled ‘‘Leftover men to be a big stopped by an older woman in her 50s who logically wounded, girls fall victim to sex-selec- problem’’ admits that there is a ‘‘bachelors’’ asked me if I had a ‘birth permit.’ I said no tive abortion (in some provinces 140 boys are crisis that will ‘‘trigger a moral crisis of mar- . . . Then, two staff members from the Fam- born for every 100 girls), and most children riage and family’’ and the ‘‘continual accumu- ily Planning Commission came and asked me grow up without brothers or sisters, aunts or lation of the number of unmarried men will where I was from, where I lived and what my uncles or cousins. greatly increase the risk of social instability.’’ name was . . . I tried to walk away but they wouldn’t let me go . . . ‘Help, somebody!’ Over the years I have chaired 37 congres- At a congressional hearing I chaired last But no one came to help. Then two vans ar- sional human rights hearings focused in whole September BYU Professor Valerie Hudson, rived, their doors opened and people sitting or in part on China’s one-child policy. At one, author of Bare Branches: The Security Impli- inside . . . ‘Get in quickly.’ I refused and the principal witness, Wuijan, a Chinese stu- cations of Asia’s Surplus Male Population, tes- said, ‘I don’t know who you are, why you are dent attending a U.S. university testified about tified that ‘‘by year 2020 young adult bare asking me to get into your vehicle and where how her child was forcibly murdered by the branches—ages 15–34 will number approxi- you are taking me?’ They said, ‘You will government. She said, ‘‘[T]he room was full of mately 23–25 million . . . the foremost reper- know after you get in’ . . . On the road, in an moms who had just gone through a forced cussions will be an increase in societal insta- attempt to save my baby who would soon be arriving in this world, I reached my hand for abortion. Some moms were crying. Some bility, marked increases in crime, crimes the van door. They grabbed me and held me moms were mourning. Some moms were against woman . . . and the formation of down on the van floor, yanking my hair and screaming. And one mom was rolling on the gangs . . .’’ trampling my limbs and body . . . I screamed floor with unbearable pain.’’ Then Wuijan said Nicholas Eberstadt, a world-renowned de- again ‘murder,’ only to have a cloth used to it was her turn, and through her tears she de- mographer asks, ‘‘What are the consequences wipe cars stuffed into my mouth . . . I got scribed what she called her ‘‘journey in hell.’’ for a society that has chosen to become si- out, I was brought to the second floor of the At another hearing, a woman who was the multaneously, more gray and more male.’’ building. There, I saw a number of female director of a family planning clinic in Fujian In her assessment for security and potential victims sitting on the benches in the cor- ridor, their eyes filled with tears of anxiety, said that by day she was a monster, by night war, Professor Hudson testified ‘‘faced with terror and sadness . . . a woman dressed in a wife and mother of one. worsening instability at home, and an white and wearing a surgical mask told me Women bear the major brunt of the one- unsolvable economic decline at home (as to get on the delivery bed immediately. I re- child policy not only as victimized mothers. China ages) China’s government may well be fused, so they pinned me down on the bed by Due to the male preference in China’s society tempted to use foreign policy to ‘ride the tiger’

VerDate Mar 15 2010 03:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K11JY8.005 E11JYPT1 smartinez on DSK6TPTVN1PROD with REMARKS July 11, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1229 of domestic instability. The twin themes of policies. Despite the fact that China’s enforce- small businesses employ more than 50 per- anti-Japanese feeling and unfulfillment of Chi- ment mechanism relies on heavy coercion and cent of the state’s 16 million workers and rep- na’s reunification with Taiwan will be deeply its aging population will soon implode its econ- resent 90% of job growth for high-paying jobs. resonant to much of the population of China. omy, some African leaders seem to have The statistics are clear, small businesses are In the next two or three decades, we are likely taken the bait. Limitations on the number of the key to economic recovery and continued to see observable security ramifications of the children a mother may carry to term are under growth. masculinization of China’s growing young active consideration throughout the subconti- Ameliorating the burdens of small busi- adult population, especially combined with an nent. nesses stabilizes uncertainty and encourages understanding of the consequences of global And the UNFPA has tried to impose China- critical job growth. Five of these initiatives are aging . . .’’ like child limitation policies on other nations as immediate executive actions that will accel- Last August Vice President JOE BIDEN vis- well, including the Philippines. erate Federal payments, reduce paperwork, ited China, and told the audience that he was Finally, in 2000, I wrote a law—The Admiral and make it easier for small firms to access well aware of and ‘‘fully understood’’ the one- James W. Nance and Meg Donovan Foreign loans and tax credits, and one is a legislative child policy, and that he was not ‘‘second Relations Authorization Act for fiscal years proposal to raise the amount of investment guessing’’ the State for imposing it. Can you 2000 and 2001. small businesses can expense next year. imagine what the public reaction would be if Section 801 of Title VIII of that Act still in ef- Mr. Speaker, let me briefly highlight some of the Vice President had said that he ‘‘fully un- fect today requires the Secretary of State not the key initiatives: derstands’’ and is not ‘‘second guessing’’ to issue any visa to, and the Attorney General (1) Accelerate payments to small business copyright infringement and gross violations of not to admit to the United States, any foreign subcontractors: Through the Office of Manage- intellectual property rights? national whom the Secretary finds, based on ment and Budget, agencies will be directed to The one-child-per-couple policy is the most credible and specific information, to have been make contract payments along an accelerated egregious, vicious attack on women ever. For directly involved in the establishment or en- timeline to all prime contractors for the next the Vice President of the United States to pub- forcement of forced abortion or forced steri- year (typically 15 days after receipt of proper licly state that he fully understands the one lization. documentation, as opposed to 30 days), with child policy and then say he won’t second Owing to a glaring lack of implementation, the understanding that those prime contractors guess it is unconscionable, and sells out every only a handful of abusers of women have re- will similarly accelerate payments to their mom in the PRC. portedly been denied visas to the U.S. That small business subcontractors. Although Vice President BIDEN attempted to must change. (2) Announce support for Section 179 ex- modestly backtrack on his extraordinarily cal- Lastly I thank each of our witnesses, who pensing at $250,000 for one year: President lous comment about the policy, his voting testified at a hearing I held earlier this week Obama is calling on Congress to write legisla- record as a Senator shines a spotlight on his on this issue, for speaking out on this impor- tion to allow small businesses to write off up long-held disregard for the severity of this tant topic. to $250,000 in capital investments in 2013, human rights violation. On September 13, f such as machinery and equipment, to drive 2000, he joined 52 other senators in defeating productivity. Without an act from Congress, an amendment by then-Senator Jessie Helms CONGRATULATING GLENDALE the expensing limit for small businesses is condemning the one-child policy. Then-Sen- HIGH SCHOOL’S SPENCER HAIK scheduled to decline to only $25,000 in 2013. ator BIDEN reportedly did so because he was (3) Increase access to capital through SBA’s concerned that condemning China on funda- HON. BILLY LONG Small Loan Advantage (SLA) 2.0: SBA is re- mental human rights would interfere with the OF MISSOURI launching Small Loan Advantage, one of its normalization of trade relations. IN THE HOUSE OF REPRESENTATIVES key small dollar loan products, as SLA 2.0. Not only is the Obama administration turn- This revamped program raises the maximum ing a blind eye to the atrocities being com- Wednesday, July 11, 2012 loan amount from $250,000 to $350,000, mitted under the one-child policy, but it is even Mr. LONG. Mr. Speaker, I rise today to con- streamlines the loan process, and makes it contributing financial support—contrary to U.S. gratulate Glendale High School’s Spencer easier for lenders to extend loans to small law—to the United Nations Population Fund Haik for winning the 1600 Meter Run at the businesses across America. (UNFPA). Twenty eight years ago—on May 9, Missouri Class 4 State Track and Field Cham- (4) Launch ‘‘Quick App’’ for surety bond 1984—I authored the first amendment ever to pionships. guarantees under $250,000: SBA is launching a foreign aid bill to deny funding to organiza- Through his hard work and dedication, ‘‘Quick App,’’ a streamlined application that tions such as the UNFPA that are complicit Spencer placed first in the 1600 Meter Run will eliminate the need for contractors to com- with China’s forced abortion and involuntary with a winning time of 4:15.11. His winning plete five unnecessary forms to apply for sur- sterilization policy. It passed. After all these time was 5 seconds off his previous school ety bonds. Providing small firms, particularly in years, it is astonishing that policy makers—in- record of 4:20.23. This achievement also the construction industry, streamlined access cluding and especially the Obama administra- marked the third time this year Spencer estab- to these bonds will make it easier for them to tion—remain indifferent or worse, supportive, lished a new school record. compete for and win additional business, of these massive crimes against women and Spencer plans to participate in several which is important to allowing them to expand children. The Obama administration has long meets across the country this summer and will and create jobs. enabled this cruel policy by its silence and fi- be a junior at Glendale High School in the fall. (5) Reduce paperwork for SBA’s Disaster nancial support to the tune of over $165 mil- I urge my colleagues to join me in congratu- Loan Program: Cutting the online application lion to the UNFPA, an organization that sup- lating Spencer Haik, the winner of the 1600 from 80 screens to three or four screens (de- ports, plans, implements, defends and Meter Run at the Missouri Class 4 State Track pending on loan type) will allow families and whitewashes the Chinese government’s brutal and Field Championships. businesses easier and quicker access to sup- program. f port for rebuilding after a disaster. On one of several trips to Beijing, I chal- (6) Align New Markets Tax Credit with the lenged Peng Peiyun—then China’s director of IN SUPPORT OF SMALL BUSINESS needs of investors in growing small firms: Re- the nation’s population control program—to TAX CUTS forms the existing New Markets Tax Credit end the coercion. Madame Peng told me that that will make it easier for community develop- the UNFPA was very supportive of the one- HON. LAURA RICHARDSON ment entities (CDEs) to attract private sector child-per-couple program and that the UNFPA OF CALIFORNIA funds for investment in startups and small adamantly agrees with her that the program is IN THE HOUSE OF REPRESENTATIVES businesses operating in lower-income commu- voluntary and that coercion doesn’t exist. nities. The regulations are designed to encour- For over 30 years, the UNFPA has consist- Wednesday, July 11, 2012 age CDEs to invest in other types of small ently heaped praise on China’s population Ms. RICHARDSON. Mr. Speaker, I rise local businesses by relaxing the reinvestment control program and repeatedly urged other today to applaud the Administration for the im- requirements for CDEs investing in certain op- countries to embrace similar policies. mediate executive actions that will accelerate erating businesses. The Treasury Department A few years ago, the UNFPA and the Chi- our nation’s small business growth. There are is also considering regulatory reforms that nese government rolled out the red carpet and 28.6 million small businesses in the U.S. and would further simplify the requirements for hosted high level diplomats from Africa includ- small businesses create two out of every three these CDEs and intends to publish these for ing health ministers to sell ‘‘child limitation’’ jobs in the country. In the state of California comment in the future.

VerDate Mar 15 2010 03:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K11JY8.005 E11JYPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1230 CONGRESSIONAL RECORD — Extensions of Remarks July 11, 2012 Entrepreneurs and small businesses are en- the site of President John Kennedy’s famous and I thank God every day that I don’t have gines of innovation and economic growth; the ‘‘moon speech’’ in 1962. to. However, I would love to honor them in small businesses in my district are at the fore- Today, Rice is recognized as one of the top any way I can, all the same. It is a great tragedy that has come over front of innovation. The diverse innovation of national research universities in the country by these soldiers, but it is also a great honor for small businesses in my district from aerospace such publications as Forbes and U.S. News them. They were brave enough to make that to healthcare will be able to expand market and World Report. sacrifice, and they should be rewarded in share with the support of these six key initia- Rice is also recognized for its residential every way possible. These men and women tives. I will continue to fight for legislation that college system, similar to resident colleges at are true heroes, and I can’t thank them will support the approximately 16,300 small Oxford and Cambridge, its beautiful campus enough for the service they’ve done for our businesses in my district. grounds and architecture, and the high quality country. Mr. Speaker, I would like to commend the of student life. f Administration for taking the necessary steps A list of famous alumni include a ‘‘Who’s REMEMBERING HAROLD WILLIAMS to help small businesses expand their export who’’ of Houston’s most recognized citizens, programs and alleviate potential layoffs. I urge including George R. Brown, Thomas my colleagues to build upon the Administra- Cruikshank, William Hobby, and our present HON. EARL BLUMENAUER tion’s executive actions and provide more sup- mayor, Annise Parker. OF OREGON port for small businesses. I congratulate Rice University, its students, IN THE HOUSE OF REPRESENTATIVES f faculty, and alumni on their 100 years of suc- Wednesday, July 11, 2012 cess and thank them for the vital role they HONORING THE MEMBERS OF THE serve on behalf of the Houston community Mr. BLUMENAUER. Mr. Speaker, Portland NATIONAL GUARD AND ARMED and wish them another 100 years of trail- was saddened by the loss of longtime civic FORCES RESERVES blazing, discovery, and success. leader and community activist Harold Williams. Harold was best known as the longest serv- HON. KEVIN YODER f ing board member of Portland Community Col- OF KANSAS THE SACRIFICE A SOLDIER MAKES lege with over two decades of outstanding IN THE HOUSE OF REPRESENTATIVES service. But he was already a fixture in our Wednesday, July 11, 2012 HON. CHARLES J. ‘‘CHUCK’’ community long before that. Harold earned two degrees, both his bach- Mr. YODER. Mr. Speaker, I rise today to FLEISCHMANN elor and masters degrees, at Portland State honor all the members of our National Guard OF TENNESSEE University where he was Director of the Edu- and Armed Forces Reserves who defend our IN THE HOUSE OF REPRESENTATIVES cation Center and where he exercised a nation at home and abroad, and to voice my Wednesday, July 11, 2012 strong voice on behalf of inclusion. From the support of the Employer Support of the Guard very beginning, Harold Williams was a cham- and Reserve (ESGR) program operated Mr. FLEISCHMANN. Mr. Speaker, fol- pion of opportunity for the underserved so it lowing is the essay written by Katie Smith through the Department of Defense. was only natural he would gravitate to Port- The ESGR provides education, consultation, in honor of her brother, SPC Andrew Smith, and all soldiers. land Community College. Young African Amer- and if necessary mediation for employers of ican men received special attention from Har- THE SACRIFICE A SOLDIER MAKES Guard and Reserve employees. As the 1.3 old, but he was a strong proponent of oppor- (By Katie Smith) million members of the National Guard and tunity for everyone throughout our community. Reserve continue to perform an increasing The Tomb of the Unknown Soldier rep- Harold was a large man with an even larger number of unique missions within America’s resents the sacrifices a soldier makes to de- fend our country. Knowing that I would be personality and a greater heart until it failed borders and beyond, ESGR will continue to be him on July 1st. We extend our condolences the resource for the employers of citizen war- honoring the three fallen soldiers and any other soldier who made the sacrifice with to the Williams family and to his much larger riors. laying the wreath meant the world to me. family in Northeast Portland which will miss Members of the National Guard and Re- The history of the Tomb humbles me to him dearly, but will forever be thankful for his serve bring a strong work ethic, leadership know that people have given their lives pro- many contributions. and specialized skills to the civilian workplace, tecting me and that they are still being hon- f and hiring veterans is a great way employers ored for it. Multiple members of my family can show their appreciation for the service served in the U.S. military, including both of CONGRATULATING DR. ROBERT and sacrifice of our military men and women. my grandfathers and my brother. In my FAWCETT Mr. Speaker, I stand in support of ESGR opinion, the Unknown Soldier symbolizes the and their mission to assure that all American sacrifice, whether death or injury, a soldier risks taking. HON. TODD RUSSELL PLATTS employers support and value the employment I have personal experience with how a sol- OF PENNSYLVANIA and military service of members of the Na- dier sacrifices. My brother, SPC Andrew IN THE HOUSE OF REPRESENTATIVES tional Guard and Reserve forces. Smith, a soldier with the 82nd Airborne, was f deployed to Afghanistan and was wounded in Wednesday, July 11, 2012 combat on March 8, 2012. While on patrol Mr. PLATTS. Mr. Speaker, I am delighted to IN CELEBRATION OF RICE UNIVER- near Kandahar, an IED detonated next to SITY’S 100TH ANNIVERSARY him. He lost both of his legs and suffered offer my heartiest congratulations to Dr. Rob- some other severe wounds. Before he joined ert Fawcett of York, Pennsylvania on being HON. GENE GREEN the Army, we asked why he wanted to do named the 2012 Family Physician of the Year this, and he said, ‘‘I will do anything and go by the Pennsylvania Academy of Family Phy- OF TEXAS anywhere to keep this fight from coming sicians. This is indeed an outstanding achieve- IN THE HOUSE OF REPRESENTATIVES here.’’ He was aware of the risks that were ment. Wednesday, July 11, 2012 involved in being a soldier, but he was so de- Throughout his career, Dr. Fawcett has voted to protecting our freedom that he was practiced a wide range of family medicine, in- Mr. GENE GREEN of Texas. Mr. Speaker, willing to sacrifice in a major way. Even I rise to recognize the hundred-year anniver- though he is away from the war, he is still cluding critical care, pediatrics, geriatrics and sary of the founding of Rice University, one of fighting. He fights for his life, mobility, and sports medicine. As evidenced by the previous our nation’s preeminent research universities. a somewhat normal life. While I was at Wal- awards for his medical work, Dr. Fawcett’s Founded through the estate of Mr. William ter Reed National Medical Center, I noticed skill and compassion has benefited hundreds Marsh Rice as a gift to the City of Houston, a whole community of people with titanium of families throughout his career. In addition, Rice Institute, as it was originally known, limbs, and knowing that they made the sac- his history of volunteer service has made his opened its doors on September 23, 1912, with rifice for me and my freedom, as my brother community a better place in which to live and did, is humbling. I will never again take for work. 77 students and a dozen faculty. granted any of my limbs, my mobility, or my From these humble beginnings, Rice Uni- freedom because now I know that people lost This dedication is shared by Dr. Andre Lijoi versity has risen to be a leader in science, en- those things while keeping me safe. I of York, who was previously named Penn- gineering, medicine, music, and athletics. couldn’t imagine what it would be like if I sylvania’s Family Physician of the Year in Rice placed a critical part in the develop- had to say that my brother made the same 2008. Dr. Lijoi has dedicated his career to ment of our nation’s space program and was exact sacrifice the Unknown Soldiers did, making a meaningful contribution to the lives

VerDate Mar 15 2010 03:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JY8.015 E11JYPT1 smartinez on DSK6TPTVN1PROD with REMARKS July 11, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1231 of his patients. He has educated residents and toric law establishing equal access to edu- phenomenal talent and great sportsmanship. students on the need to provide competent, cation for women, I would like to take a mo- Through her hard work and dedication she compassionate care by strengthening the phy- ment to recognize the importance of equal pay won the Missouri Class 1 State Discus Cham- sician/patient relationship and by motivating for equal work, another federal policy that is pionship with a throw of 121 feet 3 inches. In patients to lead healthier lives. Dr. Lijoi has essential to providing equal opportunity for the end, she added herself among only 2 oth- also been a very active community volunteer. women in our country. The contemporary push ers who can share the State Champion title in I once again offer my congratulations to Dr. for women’s rights began with the passage of the McAuley Catholic High School history. Fawcett and Dr. Lijoi for personifying the best the Equal Pay Act of 1963. Although this stat- I urge my colleagues to join me in congratu- ideals and practices of family medicine. They ute was a great advancement for women in lating Victoria Foley, the Missouri Class 1 have positively impacted countless of their fel- society, much work remains to strengthen the State Discus Champion. low citizens throughout their careers and I reality of equal pay for women. For example, f know that their patients, friends, family and in 1963, women earned sixty cents for every IN CELEBRATION OF MRS. BESSIE colleagues join with me in offering best wishes dollar a man made. Today, according to the RUDOLPH ANDERSON’S 100TH for continued success in their future endeav- latest Census statistics, women only earn sev- BIRTHDAY ors. enty-seven cents for every dollar a man f makes—progress but still an egregiously-un- fair and unequal disparity. Equal pay is the HON. SANFORD D. BISHOP, JR. H.R. 6079—OBAMACARE REPEAL foundation for economic well-being and secu- OF GEORGIA ACT rity. Policymakers must take action to ensure IN THE HOUSE OF REPRESENTATIVES that equity in pay is a national priority. Wednesday, July 11, 2012 HON. ERIC CANTOR In 2009, the 111th Congress took strides to Mr. BISHOP of Georgia. Mr. Speaker, I rise OF VIRGINIA further close the gender discrimination gap in today to pay tribute to a beloved role model IN THE HOUSE OF REPRESENTATIVES the professional work environment by passing and gracious woman of faith, Mrs. Bessie Mae The Lilly Ledbetter Fair Pay Act into law. This Wednesday, July 11, 2012 Rudolph Anderson. On Saturday, July 14, law initiated great improvements for women in 2012, Mrs. Anderson will be honored at an Mr. CANTOR. Mr. Speaker, there are many the workforce, such as allowing a time frame event celebrating her 100th birthday in Albany, issues in the health care law that require Con- extension to file lawsuits against employers for Georgia. gressional attention. After repeal of wage discrepancies. However, additional pro- Mrs. Anderson was born on July 6, 1912 in ObamaCare, as we craft proposals to reform tections are needed, which is why Democratic Mount Willing, Alabama to lsiaah and Ada the health care system, there are a variety of lawmakers are advancing the Paycheck Fair- Eula Cabble Rudolph. She was the fifth of issues that were dealt with in the original ness Act. The Paycheck Fairness Act nine children. She and her brother, Will Arthur, ObamaCare law that had nothing to do with strengthens the equality provisions within the are the only living siblings today. the central elements of the law that we will Lilly Ledbetter Fair Pay Act and eliminates the As she grew up, Mrs. Anderson helped her seek to address. These include for example loopholes not seen in the past. For example, father on the farm and her mother in the reforming the Medicaid program in a way that, it increases penalties on employers who vio- house. In her free time, she was the ‘‘Belle of among other things, addresses disparities in late federal law and allows women to pursue the Ball’’ as she loved to dance. She has al- Medicaid funding amongst the states and terri- legal matters if they are treated unjustly. The ways enjoyed fishing, reading, telling stories tories. Puerto Rico Governor Fortun˜o has per- legislation also ensures equality in the tax about her childhood, and cooking her famous sonally raised this latter issue with me. The code so that everyone—male and female, biscuits. Governor has taken commendable steps to re- high-income earners and those living in pov- In 1924, Mrs. Anderson met William Ander- duce Puerto Rico’s deficit and grow its econ- erty—pays their respective tax rate. Fairness son, a ‘‘Georgia Boy.’’ After dating for five omy and it is important that with respect to should be applicable to all, in wages and in years, they were married on July 28, 1929. Medicaid, Puerto Rico and the other territories taxes. The Paycheck Fairness Act provides ef- They began their life together in Alabama be treated fairly. fective remedies to women who are not being where they had five children: William, Jr., f paid equal wages for equal work, and Con- Mattie Pearl, John Samuel, Rosie Maxine and gress should pass the bill as soon as possible. Ernestine. In 1940, they moved to Georgia OUR UNCONSCIONABLE NATIONAL Equality in pay is an issue of civil rights. where they had six more children: Katherlean, DEBT Women represent more than half of the work- Sim Hill, Lee Ernest, Lottye, Freddie Mae, and force, and they deserve the full-amount of Charles Edward. Mrs. Anderson was a de- HON. MIKE COFFMAN earnings for their work. Loss of hundreds of voted wife and loving mother and worked hard OF COLORADO thousands of dollars over a lifetime due to un- to make a home for her family. IN THE HOUSE OF REPRESENTATIVES equal pay undermines the economic security When her youngest child started school, Wednesday, July 11, 2012 of women and our nation. I will continue to Mrs. Anderson began working for the Pope steadfastly support and advance legislation family in Thomasville, Georgia as a house- Mr. COFFMAN of Colorado. Mr. Speaker, that promotes gender equality and civil fair- keeper and caregiver for their three children: on January 20, 2009, the day President ness. Sissy, Dusty, and Miller. She was like family to Obama took office, the national debt was f the Popes and she loved those three children $10,626,877,048,913.08. as her own. Today, on the 208th anniversary of the fatal CONGRATULATING VICTORIA Mrs. Anderson often said she was a chemist wounding of Alexander Hamilton in his duel FOLEY and a nurse licensed in all states because with Aaron Burr, it is $15,879,266,313,073.20. whenever and wherever anyone fell ill, she We’ve added $5,252,389,264,160.12 to our HON. BILLY LONG was always willing to go and nurse them back debt in just over 3 years. This is debt our na- OF MISSOURI to health using her own homemade medical tion, our economy, and our children could IN THE HOUSE OF REPRESENTATIVES remedies. have avoided with a balanced budget amend- Mrs. Anderson has achieved numerous suc- Wednesday, July 11, 2012 ment. cesses in her life, but none of this would have f Mr. LONG. Mr. Speaker, I rise today to con- been possible without the love and support of gratulate Victoria Foley of the Joplin McAuley her late husband, William, her eleven children, RECOGNIZING THE IMPORTANCE Catholic Track and Field Team for winning the and her 194 grandchildren and great-grand- OF EQUAL PAY FOR WOMEN Discus State Title at the Missouri Class 1 children. State Track and Field Championship. Most important to Mrs. Anderson is her stur- HON. DANNY K. DAVIS Victoria worked hard throughout the season dy and enduring relationship with the Lord. OF ILLINOIS to achieve her state title. She continuously She is a longtime member of Mercy Seat IN THE HOUSE OF REPRESENTATIVES strove to better her performance, inspiring her Christian Church. She served as treasurer for teammates as well as earning the respect of the church for many years and still serves as Wednesday, July 11, 2012 her competitors. Mother of the Church. Mr. DAVIS of Illinois. Mr. Speaker, as we Victoria is a solid definition of what it takes The race of life isn’t given to the swift or to mark the 40th anniversary of Title IX—the his- to be a great student athlete by virtue of her the strong, but to those who endure until the

VerDate Mar 15 2010 03:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JY8.020 E11JYPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1232 CONGRESSIONAL RECORD — Extensions of Remarks July 11, 2012 end. Mrs. Anderson has run the race of life ther, an estimated 280,000 low-income chil- the San Diego life science community, create with grace and dignity and God has blessed dren in SNAP-eligible households that cur- jobs in their search for innovations to ensure her over her lifetime. rently have access to free or reduced school a healthier future. Arena Pharmaceuticals in- Mr. Speaker, I ask my colleagues to join me meals would no longer have access. Further, vested over $1.5 billion dollars to get to this today in paying tribute to Mrs. Bessie Mae Ru- FARMM Act provisions to limit which Low In- point, much of which was spent in California. dolph Anderson as she and her family pre- come Home Energy Assistance Program In addition, all pivotal clinical trials were con- pares to celebrate her 100th birthday. (LIHEAP) payments can apply to SNAP bene- ducted here in the United States of America. f fits, would further limit benefits received By fostering cutting edge life science research, through SNAP. These changes would dis- we can bring economic invigoration to San RECOGNIZING ST ANN’S SCHOOL proportionately impact children, seniors, and Diego and the U.S. while alleviating current 148 YEARS OF EDUCATING YOUTH working families. In these trying economic medical ailments like obesity. times, many Washingtonians cannot afford The life science industry employs over 2 HON. TOM REED these cuts. million Americans, with the San Diego cluster OF NEW YORK Congress must stand up for SNAP funding, being one of the largest at approximately IN THE HOUSE OF REPRESENTATIVES as the program plays a crucial role in our eco- 40,000 employees and 700 companies. Wednesday, July 11, 2012 nomic recovery. The best way to lower gov- Through successes in this industry with prom- ernment spending on SNAP is not through ising advancements like Belviq, more compa- Mr. REED. Mr. Speaker, I rise today to rec- major cuts, but by continuing to help families nies and research projects can emerge in the ognize St Ann’s School of Hornell, New York in need. In Washington State, the average region to generate job opportunities. San for educating the youth of the 29th district for SNAP recipient receives benefits for only nine Diego biotechnology is internationally re- 148 years. On Wednesday, June 20th, St months. In these tough economic times, SNAP nowned for important discoveries in the med- Ann’s school closed its doors for the final time, is providing much-needed support in getting ical field. Belviq adds another distinction to bringing to a close a long legacy of providing families back on their feet. San Diego biotechnology as our region is di- a strong Catholic education to the children of Mr. Speaker, I ask that my colleagues pro- rectly contributing to remedying obesity in the the Southern Tier. tect SNAP funding as the FARMM Act goes United States, which costs the nation $190 bil- Since its founding in 1863, St Ann’s School through the legislative process. lion per year. These medical breakthroughs has committed itself not just to the develop- f not only help our local businesses, but also ment of the skills necessary for learning, but contribute to a healthier America. to the development of the whole child. Oper- PERSONAL EXPLANATION Currently, less than one third of Americans ating in an atmosphere permeated by Chris- have a healthy body weight. Americans across tian values, St Ann’s School has long provided HON. ED PERLMUTTER all social and economic groups are con- families with an affordable option to instill in OF COLORADO sequently affected by medical issues caused their children the intellectual, emotional, and IN THE HOUSE OF REPRESENTATIVES by being overweight. This recent innovation spiritual values necessary to become out- can allow us to look towards a future in which Wednesday, July 11, 2012 standing citizens. less Americans are affected by this serious It has been my privilege to represent St Mr. PERLMUTTER. Mr. Speaker, I rise to medical condition and other weight-related ill- Ann’s School for the past 2 years, and al- correct an error I made in voting recently. nesses. As doctors have been asking for more though I regret the decision that was made to Rollcall vote 430, the twelfth Broun amend- research into new treatments for weight-loss, close the school, I am truly thankful for its ment, proposed to reduce the Public Housing Belviq begins to answer these calls. Now we deep commitment to the education of the chil- Operating fund by $56 million. Because that have taken the first steps in a new approach dren of the 29th District of New York. particular series of votes included six succes- to obesity and will hopefully see new results. f sive amendments by Representative BROUN of Congratulations to Mr. Jack Lief of Arena Georgia, and these votes were shortened to Pharmaceuticals. The work of this innovative RECOGNIZING THE IMPORTANCE two minutes in length, I mistakenly lost track company will not only be felt in San Diego but OF THE SUPPLEMENTAL NUTRI- of the order of amendments and voted ‘‘yes’’ across this great country. TION ASSISTANCE PROGRAM on rollcall 430. I ask that the RECORD reflect f (SNAP) I intended to vote ‘‘no’’ on rollcall 430. f 50TH ANNIVERSARY OF THE HON. ADAM SMITH GEORGIA PEANUT COMMISSION OF WASHINGTON CONGRATULATING ARENA PHARMACEUTICALS AND THE FDA IN THE HOUSE OF REPRESENTATIVES HON. AUSTIN SCOTT Wednesday, July 11, 2012 OF GEORGIA HON. BRIAN P. BILBRAY IN THE HOUSE OF REPRESENTATIVES Mr. SMITH of Washington. Mr. Speaker, I OF CALIFORNIA Wednesday, July 11, 2012 rise today to speak in support of Supplemental IN THE HOUSE OF REPRESENTATIVES Nutrition Assistance Program (SNAP) funding Mr. AUSTIN SCOTT of Georgia. Mr. Speak- as the House Agriculture Committee marks up Wednesday, July 11, 2012 er, with the discussion of a new farm bill heat- H.R. 6083, the Federal Agriculture Reform and Mr. BILBRAY. Mr. Speaker, I rise today to ing up, I would like to pay special recognition Risk Management (FARMM) Act. congratulate Arena Pharmaceuticals and the to the Georgia Peanut Commission. In August, As families struggle to meet their basic Food and Drug Administration (FDA) on their the Commission will be celebrating their 50th needs during the economic downturn, the work to approve a new weapon in the battle anniversary. Since 1961, they have success- SNAP short-term food assistance program has against obesity—Belviq. This is the first new fully improved the profitability of peanuts and become more important than ever. With over drug for the treatment of this serous medical peanut products through research, promotion, 14 percent of American households suffering condition to be approved by the FDA in 13 and education, creating a better market for from food insecurity, SNAP works to ensure years. According to the FDA, this innovative Georgia peanut farmers. that children, unemployed workers, and sen- therapy works by activating the serotonin 2C When the Georgia Peanut Commission iors have the nutrition and extra help they receptor in the brain. Activation of this recep- began, farmers who harvested 475,000 acres need. SNAP provides essential support for tor may help a person eat less and feel full of peanuts averaged yields of 1,200 pounds 46.3 million Americans (nearly half of which after eating smaller amounts of food. per acre. Last year, farmers who harvested are children) in 22 million different households. Mr. Speaker, the health of our nation needs the same 475,000 acres averaged over 3,500 Washington State alone has nearly 1 million to be a top priority, and with over 93 million pounds per acre, an increase of 350 percent. people that rely on SNAP benefits. Americans impacted by obesity this type of in- Due to their efforts, Georgia peanut yields are Changes proposed in the FARMM Act to novation needs to be supported. The FDA’s consistently higher than other states; possess end broad-based categorical eligibility would approval of Belviq is not only a step towards superior quality, and contribute an estimated 2 hurt low-income families in Washington State. improving the lives of many Americans and billion dollars to the Georgia economy. An estimated 80,000 Washingtonians that cur- significantly reducing healthcare costs, but it In fact, Georgia is number 1 in the national rently receive SNAP benefits would not qualify can also result in job retention and job growth production of peanuts with nearly 50 percent or would be dropped from the program. Fur- in San Diego. Breakthroughs, like Belviq from of the annual crop.

VerDate Mar 15 2010 03:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JY8.025 E11JYPT1 smartinez on DSK6TPTVN1PROD with REMARKS July 11, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1233 And no one can miss those small red packs tools and skills they need to reach success in landfill. In February of 1995, I introduced H.R. of peanuts. The Georgia Peanut Commission public service. 924, legislation that would prohibit the Sec- is recognized throughout the world by their red Millennium Momentum Foundation, Inc. has retary of Agriculture from transferring any part packages of Georgia peanuts. Annually, the become one of the premier providers of lead- of the Angeles National Forest from federal Commission distributes 2 million of those little ership development training in the nation with ownership to be used as a landfill. This lan- red packs, demonstrating their commitment to a 96 percent college graduation rate and an guage was included in the Omnibus Parks and the peanut industry. 85 percent employment matriculation rate Public Lands Management Act of 1996, which In addition, with farmers and ranchers being among program participants completing serv- was signed into law that year. the true conservationists of America, the Com- ice delivery from 2004 to 2011. MMF’s capac- I would like to recognize the efforts of the mission, on August 1st, will open a net-zero ity to effectively reach, educate, train, and pro- Santa Clarita City Council, Supervisor energy building, which will serve as their new fessionally develop young adults was so im- Antonovich, and the Santa Monica Mountains headquarters. During the construction of this pressive, it was selected by the Obama ad- Conservancy for working together to purchase new building, only local contractors and busi- ministration in 2012 to serve as a national the land in 2010, which helped to pave the nesses were used and no government funding partner to help implement the White House way for annexation into the City this spring. It was provided, further showing their commit- Young America Series, a non-partisan edu- is my sincere hope that Elsmere Canyon ment to Georgia’s agricultural future. cational conference initiative aiming to merge serves as a reminder that when residents, Mr. Speaker, with agriculture being one of President Obama’s vision with young Amer- elected officials, and community organizations the economic pillars of this great country, it is ica’s needs in 17 cities around the nation. come together, we can create great opportuni- with pride that I congratulate the Georgia Pea- Mr. Speaker, we are very proud to have ties for the residents that live in our beautiful nut Commission on its 50th anniversary, and such an outstanding organization as part of valley. I look forward to working with the Commission the Los Angeles Community and California’s f for another 50 years. 33rd Congressional District. HONORING JAMES ROMAN f f CUTSHAW CONGRATULATING QUINTIN SMITH CELEBRATING THE BIRTH OF SALLY WILLOUGHBY WILSON HON. PAUL C. BROUN HON. BILLY LONG OF GEORGIA OF MISSOURI HON. JOE WILSON IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES OF SOUTH CAROLINA Wednesday, July 11, 2012 IN THE HOUSE OF REPRESENTATIVES Wednesday, July 11, 2012 Mr. BROUN of Georgia. Mr. Speaker, I rise Mr. LONG. Mr. Speaker, I rise today to con- Wednesday, July 11, 2012 today to honor a dear friend, a selfless hu- gratulate Quintin Smith on his 200 Meter Dash Mr. WILSON of South Carolina. Mr. Speak- manitarian, a loving son, brother, husband, State Title at the Missouri Class 4 State Track er, I am happy to congratulate my son Julian and father—Mr. James Roman Cutshaw, bet- and Field Championships. Wilson and his wife Joy Wilson of Lexington, ter known as Roman. Quintin Smith, a senior at Parkview High South Carolina, on the birth of their new baby In addition to his unwavering dedication to School, took home first place for the Vikings in girl. Sally Willoughby Wilson was born at his family, Roman is also a lifelong Marine the 200 Meter Dash with a time of 21.50. 10:48 p.m., on Saturday, June 30, 2012, who served in World War II as an artilleryman. I urge my colleagues to join me in congratu- weighing 7 pounds and measuring 19 and 3⁄4 Roman’s father taught him about how precious lating Quintin Smith on his 200 Meter Dash inches long. Sally joins an older brother, Jack freedom and liberty are, as he served during State Track and Field Title. Wilson. She has been born into a loving home World War I. He encouraged each of his sons f where she will be raised by parents who are to enlist as well. Not only did Roman make his devoted to her well-being and bright future. father extremely proud, he also took away in- HONORING MILLENNIUM MOMEN- I would also like to congratulate Sally’s tangible life lessons about camaraderie, duty, TUM FOUNDATION, INC. FOR grandparents Gary Strickland and Sherry and honor that are still with him today. THEIR STRONG PUBLIC SERVICE Strickland of Nichols, South Carolina, and my After the war Mr. Cutshaw continued his wife, Roxanne Wilson of Springdale, South education and received a Bachelor of Science HON. KAREN BASS Carolina. I am so excited for this new addition in Accounting. He later moved his family from OF CALIFORNIA to the Wilson family. Greeneville, Tennessee, to Athens, Georgia, IN THE HOUSE OF REPRESENTATIVES f where he became a successful businessman, father to four boys, and pillar of the commu- Wednesday, July 11, 2012 ON THE OCCASION OF THE ANNEX- nity. Ms. BASS of California. Mr. Speaker, today ATION OF ELSMERE CANYON IN After his retirement, Mr. Cutshaw has con- I recognize an exceptional foundation in Cali- SANTA CLARITA, CA tinued an active and engaging lifestyle all the fornia’s 33rd District—Millennium Momentum while maintaining a constant drive to better Foundation, Inc. (MMF). This Los Angeles HON. HOWARD P. ‘‘BUCK’’ McKEON himself in every way possible. At age 77 he based organization was formed on July 12, OF CALIFORNIA returned to school to obtain a second degree 2002 as a 501(c)(3) with the critical mission to IN THE HOUSE OF REPRESENTATIVES in Heating and Air Engineering and at age 86 increase the number of students and young he received a third degree in Theology. adults from various backgrounds in the public Wednesday, July 11, 2012 Roman maintains a garden large enough to service system through higher education, Mr. MCKEON. Mr. Speaker, I rise today to feed several families in his community and scholarships, mentoring, and leadership devel- recognize the City of Santa Clarita and its has done countless free repairs on refrig- opment training. residents on the recent annexation of Elsmere erators, freezers, and air conditioners in the MMF empowers and encourages students Canyon. This annexation completes a 25-year hot Georgia summers for those not fortunate to further develop their passion for service, journey to protect a beautiful canyon that pro- enough to afford these costly services. He is commitment to change, and to become lead- vides outstanding recreation opportunities to truly an example of what it means to put oth- ers within their communities. The program re- residents of the Santa Clarita Valley and visi- ers’ needs before your own and to always wards exceptional student leaders with schol- tors from surrounding areas. trust in the Lord. arships that are matched by their own institu- Elsmere Canyon serves as an important In 2011, Roman was diagnosed with cancer tions, providing more financial resources for wildlife corridor and is an integral part of the and is now in his hardest battle yet. Just last students to complete their college degrees. City’s greenbelt. The Canyon is a popular des- week, he turned 92 years old and days before Students attend life changing leadership de- tination for hikers and outdoor enthusiasts, was placed under the care of Hospice. Our velopment workshops focusing on important and greatly enriches the recreational opportu- thoughts and prayers are with him, but we issues such as personal finance, professional nities available in our area. know God has blessed and will continue to communication, dispute resolution, and I am proud to have fought for, and won in- bless Roman. This is a man who has not been re´sume´ and interview preparation. This foun- clusion of, a legislative provision that was writ- afraid to get his hands dirty or make sacrifices dation has an outstanding and effectual track ten into law which will forever protect Elsmere on behalf of his neighbors. He understands record of equipping young people with the Canyon from being developed as a massive the value of a hard day’s work, the loyalty it

VerDate Mar 15 2010 03:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JY8.030 E11JYPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1234 CONGRESSIONAL RECORD — Extensions of Remarks July 11, 2012 takes to make 50 years of marriage work, and involved in murdering those they consider perience in organizing social protests may yet above all, the importance of prayer. He has moderate Muslims or Muslims collaborating have a lasting impact on Nigerian politics and touched many lives, especially those of his with the central government or the West, in- society. children, and he continues to be an inspiration cluding several Muslim clerics, the leader of The issues of excessive government force to all who know him. Please join me in hon- the All Nigeria People’s Party and the brother in the Niger Delta, northern Nigeria and other oring Roman and wishing him a very blessed of the Shehu of Borno, a northern Muslim reli- areas of the country over several past govern- 92nd birthday. gious leader. There are reports that some ments in Nigeria has fed resentment. Com- f northern Nigerian leaders may be supporting bined with the northern political opposition, the Boko Haram in some way as leverage against increasing resistance by minorities and the ATTACKS ON CHRISTIANS IN NIGE- a government they oppose. civil society political revolt, the Jonathan Ad- RIA: UNPROVOKED, UNCONSCION- U.S. policy toward Nigeria also must take ministration faces significant forces arrayed ABLE into account ethnic, religious and political chal- against it. The questions our government must lenges the Nigerian government faces outside answer are: will this government withstand its HON. CHRISTOPHER H. SMITH of the Boko Haram dynamic. Furthermore, de- opposition and what can we do to help Nigeria OF NEW JERSEY velopment deficits in Nigeria have had un- to remain Africa’s essential nation? IN THE HOUSE OF REPRESENTATIVES equal impacts on various minority ethnic f Wednesday, July 11, 2012 groups, such as in Nigeria’s Delta region. This lack of attention to equitable development in A TRIBUTE TO SUSANNAH Mr. SMITH of New Jersey. Mr. Speaker, Nigeria has led to violent uprisings that do not MUSHATT JONES ON HER 113TH earlier this week I held a hearing to examine appear to be resolved in any part of the coun- BIRTHDAY U.S. policy and policy options for managing try, certainly not in the Niger Delta. relations with Nigeria in light of concerns on In Nigeria, President Goodluck Jonathan is HON. EDOLPHUS TOWNS terrorism and social and political unrest. considered to be the personification of his OF NEW YORK The stability and commitment to justice and name: a fortunate politician who has been in IN THE HOUSE OF REPRESENTATIVES the rule of law of the Nigerian government is the right place at the right time to enable him Wednesday, July 11, 2012 critical to regional, continental and global eco- to enjoy a meteoric rise in politics with no per- nomic interests. Nigeria is hugely important on ceived political base or political distinction in Mr. TOWNS. Mr. Speaker, I rise today to many fronts. Nigeria, Africa’s largest producer his relatively brief career. He was an obscure pay tribute and to honor Susannah Mushatt of oil and its largest democracy, is one of the government employee before he entered poli- Jones on the occasion of her 113th birthday U.S. government’s key strategic partners on tics in 1998, and a year later, he was elected celebration. Lovingly called ‘‘Miss Susie’’, she the continent. It is Africa’s most populous Deputy Governor of Bayelsa State. Except for is a symbol of longevity and commitment to country, with more than 155 million people, his success in negotiations with his fellow family for all New Yorkers and our nation. roughly half Muslim and half Christian, and its Ijaws in the troubled delta region, he served Susie Jones was born July 6, 1899 in second-largest economy. Nigeria supplies without any special distinction until he became Lowndes County, Alabama and was the third nearly three times the volume of imports to the the Governor of Bayelsa State, after his pred- of 11 children. Susie survives all of her sib- United States as Angola, the second leading ecessor was impeached on corruption charges lings and is a firsthand historian of a unique U.S. import supplier. The United States re- in 2005. quantity of our American history and growth as ceives nearly 20% of our petroleum exports Outgoing President Olusegun Obasanjo se- a country. She never had children but has from Nigeria. lected then-Governor Jonathan to be the Peo- more than 100 nieces and nephews. She is Consequently, Nigeria’s stability is of critical ple’s Democratic Party vice presidential can- generous to the core paying for two nieces interest for the U.S. economy and American didate with Umaru Yar’Adua, a presidential through college and lavishing gifts on the rest. policy interests in Africa. candidate from the north, in the 2007 elec- Miss Susie grew up in the segregated South Attacks by the Nigerian Islamic terrorist tions. Yar’Adua was ill for much of his time in and taught for two months after graduating group Boko Haram on Christians, including at- office, and Jonathan was called on to exercise high school. She then moved to New Jersey tacks launched this past weekend, are presidential authority in November 2009 when to work with a wealthy family in 1922. The fol- unprovoked and unconscionable. People of all Yar’Adua was unable to do so. Nigerian power lowing year she moved to work with a West- faiths—and all people of goodwill—must de- brokers accepted Jonathan as official Acting chester County family. Her work with various mand immediate action against this terrorist President in February 2010. When Yar’Adua families over those years took her from the organization. finally died in May 2010, these power brokers East Coast to the West Coast. At one point, According to Catholic News Agency/EWTN only accepted Jonathan to be sworn in as Miss Susie worked for a prominent Hollywood News: president because he was not considered a family, socializing with movie stars and attend- ‘‘Archbishop Ignatius A. Kaigama is con- threat and likely wouldn’t run for reelection. ing movie premieres. According to her, one cerned over the seemingly endless violence However, Jonathan surprised them by an- time she was ‘‘close enough to Ronald against Christians that claimed at least 58 nouncing in September 2010 that he had con- Reagan to reach out and touch him.’’ ‘‘Clark lives this past weekend and hundreds of oth- sulted widely throughout Nigeria and would Gable, Cary Grant, I saw them all. George ers in recent weeks. It is ‘our prayer that run for president. Jonathan won the presi- Raft was my favorite.’’ something definitive will be done to stop the dential election convincingly, but his ruling Miss Susie uses the word wonderful a lot, situation that is inhuman,’ the Archbishop of People’s Democratic Party lost seats in the but about the only time she doesn’t use it is Jos, Nigeria and Nigerian Bishops’ Conference Senate and the House of Representatives, in reference to her ex-husband, Henry. ‘‘We president said. In a July 9 interview with Vati- and PDP now holds four fewer governor- married in 1928, I think. He wasn’t a mean can Radio, Archbishop Kaigama said that the ships—down to 23 of 36. person. He was a very good cook,’’ she says. violence against Christian villages around Jos In October 2010, the Jonathan Administra- ‘‘But I don’t know what happened to him.’’ ‘doesn’t seem to stop.’ Although he was re- tion called for the fuel subsidy to be removed. Miss Susie retired in 1965 during the Civil cently awarded the Institute for International The government’s decision was met with dem- Rights Movement and witnessed the continued Research’s annual peace building award, the onstrations and strikes by national unions. But change in the country through the following archbishop said he and his priests are dis- while the unions agreed to end strikes and years. She lost her vision about 12 years ago couraged by the silence of foreign govern- protests, the Joint Action Forum, a civil society and maintains her infectious laugh and upbeat ments surrounding the violence in Nigeria. A affiliate of the unions, continued protests for a attitude. Although she now has limited mobil- peaceful resolution ‘cannot be left to just one time throughout the country. The government ity, Miss Susie was an active member of the country,’ the archbishop said, urging a, ‘collec- responded with what human rights groups Vandalia Houses Senior Center tenant patrol tive effort.’ ’’ charged was excessive force. In northern well beyond her 100 years. Twice a day she Boko Haram reportedly is in league with al- Kano State, a student was shot to death in the sat in the lobby checking the guests as they Qaeda in the Mahgreb and is involved at course of breaking up a rally. signed in. some level with Tuareg rebels in northern In addition to the resentment caused by We can all learn from Miss Susie’s secrets Mali, Islamists in Somalia and possibly even government brutality in dealing with the largely to a long life. She never smoked, drank. She the Taliban in Afghanistan. youth-led fuel subsidy protests, high unem- works hard and loves faithfully. ‘‘I thank the In addition to its well-publicized attacks on ployment, resentment over perceived govern- Lord for the love I receive from my family,’’ Christians in Nigeria, Boko Haram has been ment corruption, and mismanagement and ex- she says.

VerDate Mar 15 2010 03:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A11JY8.035 E11JYPT1 smartinez on DSK6TPTVN1PROD with REMARKS July 11, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1235 Mr. Speaker, I would like to recognize the RICE UNIVERSITY 100TH BIRTHDAY my college years. We Tech fans are often de- wonderful life and important contributions of scribed as very passionate at our football Susannah Mushatt Jones. She is a treasured HON. K. MICHAEL CONAWAY games and other sporting events. I remember and active member of Vandalia Senior Center. OF TEXAS how much fun we had when we played We are proud that she is still part of our com- IN THE HOUSE OF REPRESENTATIVES against Rice, because Rice fans are just as munity. This milestone gives all of us hope Wednesday, July 11, 2012 fanatical about their school as we are about that people can truly live a long prosperous ours. life. Mr. CONAWAY. Mr. Speaker, I rise today to congratulate Rice University on its 100th birth- Rice University cultivates a flourishing learn- f day. For over a century it has stood as one of ing environment and empowers its students to the premier educational institutions in the explore opportunities in and out of the class- HONORING COLONEL CHARLES C. world. room. It has a prestigious and notable alumni GIBSON Over the past 100 years, Rice University’s name has come to be synonymous with excel- list comprised of many people I respect and HON. TOM MARINO lence. The institution consistently ranks among admire in Texas and throughout the country, OF PENNSYLVANIA the top 20 national universities in the U.S. including my friend and Texas colleague, Con- IN THE HOUSE OF REPRESENTATIVES News & World Report and holds many other gressman PETE OLSON. I’m proud Texas can marks of excellence. boast of a quality university like Rice, and I Wednesday, July 11, 2012 For example, in 2010 Rice University was stand today to congratulate Rice University on Mr. MARINO. Mr. Speaker, I rise today to ranked No. 1 worldwide in materials science 100 years of excellence. honor my constituent, Colonel Charles C. Gib- research. In 2011, the Carnegie Foundation son, and congratulate him on his relocation to gave the university top classifications for ‘‘very f the United States Army Communications Elec- high research activity’’ and ‘‘comprehensive tronics Command Headquarters at Aberdeen doctoral program’’. RICE UNIVERSITY’S CENTENNIAL Proving Ground, Maryland, as Chief of Staff. While this is an amazing accomplishment, COMMEMORATION Currently serving as a commander of Rice’s work is more than just a statistic—it has Tobyhanna Army Depot, Colonel Gibson has changed the world we live in. The research devoted over two decades of heroic service to performed by the university has proved HON. JOE BARTON our country, demonstrating his devotion to the groundbreaking on several fronts, most nota- preservation of the United States of America bly the discovery of ‘‘buckyballs.’’ The dis- OF TEXAS and to our safety through numerous military covery launched the field of Nanotechnology IN THE HOUSE OF REPRESENTATIVES campaigns, decorations and advancement to which has led directly to advances many leadership positions. fields, including medicine, technology, energy, Wednesday, July 11, 2012 Originally from Baltimore, Maryland, Colonel defense, and transportation. Nanotechnology Mr. BARTON of Texas. Mr. Speaker, I rise Charles Gibson was commissioned a second is already playing a powerful role in the lives today to commemorate Rice University on lieutenant in the Ordnance Corps in 1986. of Americans, from its capacity to help find After receiving his degree in Mathematics from cures to deadly diseases to reducing the cost reaching its centennial. Since its founding a Bowie State University in 1987, he began his and extending the lifespan of consumer prod- hundred years ago, Rice University has be- military career as a Platoon Leader for the ucts like clothes and cars. come a distinguished institution, high in the 122nd Main Support Battalion, 3rd Armored Rice’s School of Business, Architecture, En- ranks of academic achievement amongst our Division, Hanau, Germany, which later de- gineering, Social Sciences, Music, Humanities, country’s best colleges and universities. Rice’s ployed with the 3rd Armored Division to Oper- Institute of Public Policy, and the Alliance of research programs are highly regarded and it ations Desert Shield/Desert Storm in 1990. Technology and Entrepreneurship all hold is the proud alma mater of many intellectuals Upon his return, Colonel Gibson assumed similar national standing. who have been recognized for their accom- the position of Maintenance Officer, Support Not only is Rice University a heavyweight contender in academic and research fields, plishments, including numerous Marshall Operations Cell and Battalion S–3, 264th Scholars, Rhodes Scholars, and Fulbright Corps Support Battalion, Fort Bragg, NC, and the university also maintains a noteworthy ath- Scholars. deployed to Haiti in 1994. Subsequently, he letic department. For 17 consecutive years, served in several leadership positions while Rice has produced a NCAA conference cham- In addition to their extraordinary academic assigned to the 25th Infantry Division, pionship team—another outstanding accom- programs, Rice has made a name for itself in Schofield Barracks, Hawaii including; Support plishment. the area of collegiate sports. The Rice Univer- Again, congratulations to Rice University on Operations Officer, G4 Division Logistics Plan- sity Owls became the kings of baseball when its 100th birthday. Rice University’s devoted ner, Battalion Commander of a Stryker BSB, they won the 2003 College World Series, and 2nd Stryker Brigade, and Assistant Chief of faculty and student body have continually en- deavored for excellence, and as a result Tex- they have continued to stand in the ranks with Staff, Logistics Division G4. While with the the country’s best college baseball teams. 25th Infantry Division, he deployed to Bosnia ans, Americans, and people all over our world Rice has also succeeded in the area of wom- as the Logistics Operations Planner. He also have benefited. served one year as the BDE Support Oper- f en’s athletics. Its volleyball, soccer, basketball, and tennis teams have competed in many ations Officer with the 45th Corps Support RECOGNIZING THE CENTENNIAL NCAA tournaments, earning Rice a varied set Group with a deployment to Thailand. CELEBRATION OF RICE UNIVER- Colonel Gibson’s awards and decorations SITY of achievements. for his service in the United States Army in- As Rice University reaches its centennial in clude the Bronze Star Medal, Meritorious HON. RANDY NEUGEBAUER October, I want to give credit to its students Service Medal with five oak leaf clusters, Army OF TEXAS and professors for their hard work and com- Commendation Medal with three oak leaf clus- IN THE HOUSE OF REPRESENTATIVES mitment to higher education. Their consistent ters, Army Achievement Medal, Meritorious Unit Commendation, National Defense Service Wednesday, July 11, 2012 dedication to academic advancement makes Medal, Armed Forces Expeditionary Medal, Mr. NEUGEBAUER. Mr. Speaker, I rise Rice the prestigious institution it is today. Southwest Asia Medal, Global War on Ter- today to commend Rice University and cele- I commend Rice University for reaching this rorism Service Ribbon, Kuwaiti Defense Serv- brate 100 years since its founding in Houston, impressive milestone, and I wish them the ice Medal, Army Service Ribbon, Overseas TX. Since its first class in the fall of 1912, best of luck for the next 100 years. I look for- Service Ribbon, Southwest Asia Kuwaiti Lib- Rice has established itself as a flagship of ward to seeing the big things the faculty, eration Medal, NATO Medal and Parachutist Texas universities. This October, faculty, stu- alumni, and current students at Rice will un- Badge. dents and alumni will celebrate a century of doubtedly continue to accomplish. Mr. Speaker, I rise today to honor Colonel excellence and distinction in the Houston com- Charles C. Gibson, and ask my colleagues to munity and the state of Texas. I hope all Members will join me in congratu- join me in praising his commitment to the pro- Rice and Texas Tech, my alma mater, were lating Rice University for 100 years of aca- tection and defense of our great nation. in the Southwest Conference together during demic excellence.

VerDate Mar 15 2010 03:14 Jul 12, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K11JY8.007 E11JYPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1236 CONGRESSIONAL RECORD — Extensions of Remarks July 11, 2012 CONGRATULATORY REMARKS FOR MEETINGS SCHEDULED Foreign Relations OBTAINING THE RANK OF EAGLE JULY 17 To hold hearings to examine to examine the nominations of Marcie B. Ries, of SCOUT 9:30 a.m. Foreign Relations the District of Columbia, to be Ambas- To hold hearings to examine the next ten sador to the Republic of Bulgaria, John HON. SANDY ADAMS M. Koenig, of Washington, to be Am- OF FLORIDA years in the fight against human traf- ficking, focusing on attacking the bassador to the Republic of Cyprus, Mi- IN THE HOUSE OF REPRESENTATIVES problem with the right tools. chael David Kirby, of Virginia, to be Wednesday, July 11, 2012 SD–419 Ambassador to the Republic of Serbia, Mrs. ADAMS. Mr. Speaker, I would like to Homeland Security and Governmental Af- Thomas Hart Armbruster, of New fairs York, to be Ambassador to the Repub- congratulate Joshua Whetman for achieving Investigations Subcommittee lic of the Marshall Islands, and Greta the rank of Eagle Scout. To hold hearings to examine United Christine Holtz, of Maryland, to be For his Eagle Scout Project, Joshua devel- States vulnerabilities to money laun- Ambassador to the Sultanate of Oman, oped an action archery course to benefit a dering, drugs, and terrorist financing, all of the Department of State. local youth camp. Throughout the history of focusing on HSBC case history. SD–419 the Boy Scouts of America, the rank of Eagle SD–106 Judiciary 10 a.m. Scout has only been attained through dedica- Privacy, Technology and the Law Sub- Agriculture, Nutrition, and Forestry tion to concepts such as honor, duty, country committee To hold hearings to examine the ‘‘Dodd- and charity. By applying these concepts to Frank Wall Street Reform and Con- To hold hearings to examine what facial daily life, Joshua has proven his true and sumer Protection Act’’, focusing on recognition technology means for pri- complete understanding of their meanings, two years later. vacy and civil liberties. and thereby deserves this honor. SR–328A SD–226 I offer my congratulations on a job well done Banking, Housing, and Urban Affairs 3 p.m. and best wishes for the future. To hold hearings to examine the semi- Commerce, Science, and Transportation annual Monetary Policy Report to Con- Aviation Operations, Safety, and Security f gress. Subcommittee RECOGNIZING PARKVIEW HIGH SD–G50 To hold hearings to examine the global SCHOOL BOYS 4X100M RELAY Energy and Natural Resources competitiveness of the United States TEAM To hold hearings to examine the status Aviation Industry, focusing on address- of action taken to ensure that the elec- ing competition issues to maintain tric grid is protected from cyber at- United States leadership in the aero- HON. BILLY LONG tacks. space market. SD–366 OF MISSOURI SR–253 IN THE HOUSE OF REPRESENTATIVES 2:30 p.m. Appropriations JULY 19 Wednesday, July 11, 2012 Financial Service and General Government Mr. LONG. Mr. Speaker, I rise today to con- Subcommittee 10 a.m. gratulate the Parkview High School Boys To hold hearings to examine if con- Health, Education, Labor, and Pensions 4x100m Relay Team for winning Missouri sumers are adequately protected from To hold hearings to examine making col- flammability of upholstered furniture, lege affordability a priority, focusing Class 4 State Track and Field Championships. focusing on the effectiveness of fur- The team, which included juniors Chris- on promising practices and strategies. niture flammability standards and SD–430 topher Hargrove, AJ Green and Myron Willis, flame retardant chemicals. 2:15 p.m. and senior Quintin Smith, won the relay event SD–138 Indian Affairs with a time of 42.17. Intelligence To hold an oversight hearing to examine Coach Jay Miller and his talented coaching To hold a closed mark-up to consider cer- climate change, focusing on impacts on tain intelligence matters. staff should be proud of their accomplishment treaty rights, traditional lifestyles, SH–219 in guiding this group of talented athletes. I and tribal homelands. commend them all on a job well done. JULY 18 SD–628 I urge my colleagues to join me in congratu- 2:30 p.m. 10 a.m. lating the Parkview High School State Cham- Intelligence Homeland Security and Governmental Af- To hold closed hearings to examine cer- pion Boys 4x100m Relay team. fairs f To hold hearings to examine improving tain intelligence matters. SH–219 SENATE COMMITTEE MEETINGS the transparency of Federal spending. SD–342 Title IV of Senate Resolution 4, Judiciary JULY 25 agreed to by the Senate on February 4, To hold hearings to examine improving 10 a.m. 1977, calls for establishment of a sys- forensic science in the criminal justice Judiciary tem for a computerized schedule of all system. To hold hearings to examine ensuring ju- meetings and hearings of Senate com- SD–226 dicial independence through civics edu- Veterans’ Affairs cation. mittees, subcommittees, joint commit- To hold hearings to examine the nomina- tees, and committees of conference. SH–216 tion of Thomas Skerik Sowers II, of 2:30 p.m. This title requires all such committees Missouri, to be Assistant Secretary of Energy and Natural Resources to notify the Office of the Senate Daily Veterans Affairs for Public and Inter- Water and Power Subcommittee Digest—designated by the Rules Com- governmental Affairs. SR–418 To hold an oversight hearing to examine mittee—of the time, place, and purpose the role of water use efficiency and its of the meetings, when scheduled, and 2 p.m. Aging impact on energy use. any cancellations or changes in the To hold hearings to examine Medicare SD–366 meetings as they occur. and Medicaid coordination for dual-eli- As an additional procedure along gibles. AUGUST 1 with the computerization of this infor- SH–216 9 a.m. mation, the Office of the Senate Daily 2:30 p.m. Agriculture, Nutrition, and Forestry Digest will prepare this information for Homeland Security and Governmental Af- To hold hearings to examine MF Global, printing in the Extensions of Remarks fairs focusing on accountability in the fu- Federal Financial Management, Govern- section of the CONGRESSIONAL RECORD tures markets. ment Information, Federal Services, SR–328A on Monday and Wednesday of each and International Security Sub- week. committee Meetings scheduled for Thursday, To hold hearings to examine the census, July 12, 2012 may be found in the Daily focusing on planning ahead for 2020. Digest of today’s RECORD. SD–342

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Messages from the House: Page S4891 HOMELAND SECURITY Measures Placed on the Calendar: Page S4891 Committee on Homeland Security and Governmental Af- Executive Communications: Pages S4891–92 fairs: Committee concluded a hearing to examine the future of Homeland Security, focusing on evolving Additional Cosponsors: Pages S4893–94 and emerging threats, after receiving testimony from Statements on Introduced Bills/Resolutions: Michael V. Hayden, former Director, Central Intel- Pages S4894–95 ligence Agency and National Security Agency, on Additional Statements: Page S4889 behalf of the Chertoff Group, and Frank J. Cilluffo, George Washington University Homeland Security Amendments Submitted: Pages S4895–S4915 Policy Institute, Washington, D.C.; Brian Michael Notices of Hearings/Meetings: Pages S4915–16 Jenkins, RAND Corporation, Santa Monica, Cali- Authorities for Committees to Meet: Page S4916 fornia; and Stephen E. Flynn, Northeastern Univer- sity George J. Kostas Research Institute for Home- Adjournment: Senate convened at 9:30 a.m. and land Security, Boston, Massachusetts. adjourned at 7:03 p.m., until 9:30 a.m. on Thurs- day, July 12, 2012. (For Senate’s program, see the STANDARD ESSENTIAL PATENTS remarks of the Acting Majority Leader in today’s Record on page S4916.) Committee on the Judiciary: Committee concluded a hearing to examine the impact on competition of ex- clusion orders to enforce standard-essential patents, Committee Meetings after receiving testimony from Joseph F. Wayland, (Committees not listed did not meet) Acting Assistant Attorney General, Antitrust Divi- sion, Department of Justice; and Edith Ramirez, MEDICARE PHYSICIAN PAYMENTS Commissioner, Federal Trade Commission. Committee on Finance: Committee concluded a hearing to examine Medicare physician payments, focusing NOMINATIONS on perspectives from physicians, after receiving testi- Committee on the Judiciary: Committee concluded a mony from Ardis D. Hoven, American Medical As- hearing to examine the nominations of Thomas M. sociation, Lexington, Kentucky; Glen Stream, Amer- Durkin, to be United States District Judge for the ican Academy of Family Physicians, Spokane, Wash- Northern District of Illinois, who was introduced by ington; Frank Opelka, American College of Sur- Senator Coons, and Jon S. Tigar, and William H. geons, New Orleans, Louisiana; W. Douglas Weaver, Orrick III, of the District of Columbia, both to be American College of Cardiology, Detroit, Michigan; a United States District Judge for the Northern Dis- and Barbara McAneny, New Mexico Oncology He- trict of California, who were both introduced by Sen- matology Consultants, Albuquerque, on behalf of the ators Feinstein and Boxer, after the nominees testi- American Society of Clinical Oncology. fied and answered questions in their own behalf. h House of Representatives accordance with the terms thereof, and for other pur- Chamber Action poses, with an amendment (H. Rept. 112–593); and Public Bills and Resolutions Introduced: 8 public H.R. 1996, to amend titles 5 and 28, United bills, H.R. 6098–6105, were introduced. Page H4827 States Code, with respect to the award of fees and Additional Cosponsors: Page H4828 other expenses in cases brought against agencies of Reports Filed: Reports were filed today as follows: the United States, to require the Administrative H.R. 3674, to amend the Homeland Security Act Conference of the United States to compile, and of 2002 to make certain improvements in the laws make publicly available, certain data relating to the relating to cybersecurity, and for other purposes, Equal Access to Justice Act, and for other purposes, with an amendment (H. Rept. 112–592, Pt. 1); with an amendment (H. Rept. 112–594). Page H4827 H.R. 3862, to impose certain limitations on con- Recess: The House recessed at 11:25 a.m. and re- sent decrees and settlement agreements by agencies convened at 12 noon. Page H4786 that require the agencies to take regulatory action in

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MISCELLANEOUS MEASURES f Committee on Natural Resources: Full Committee held a markup of the following measures: H.R. 3641, the COMMITTEE MEETINGS FOR THURSDAY, ‘‘Pinnacles National Park Act’’; H.R. 4100, the ‘‘Il- JULY 12, 2012 legal, Unreported, and Unregulated Fishing Enforce- ment Act of 2011’’; H.R. 4484, the ‘‘Y Mountain (Committee meetings are open unless otherwise indicated) Access Enhancement Act’’; H.R. 4606, to authorize Senate the issuance of right-of-way permits for natural gas pipelines in Glacier National Park, and for other Committee on Commerce, Science, and Transportation: to purposes; H.R. 5958, to name the Jamaica Bay hold hearings to examine medication and performance en- Wildlife Refuge Visitor Contact Station of the Ja- hancing drugs in horse racing, 2:30 p.m., SR–253. Committee on Energy and Natural Resources: to hold an maica Bay Wildlife Refuge unit of Gateway Na- oversight hearing to examine remediation of Federal leg- tional Recreation Area in honor of James L. Buckley; acy wells in the National Petroleum Reserve—Alaska, and H.R. 5987, the ‘‘Manhattan Project National 9:30 a.m., SD–366. Historical Park Act’’. The following measures were Committee on Environment and Public Works: to hold hear- ordered reported, as amended: H.R. 3641; H.R. ings to examine the latest science on lead’s impacts on 4484; and H.R. 4606. The following measures were children’s development and public health, 10:15 a.m., ordered reported, without amendment: H.R. 4100; SD–406. H.R. 5958; and H.R. 5987. Committee on Foreign Relations: to hold hearings to exam- IS FMCSA’S CSA PROGRAM DRIVING SMALL ine the Convention on the Rights of Persons with Dis- BUSINESSES OFF THE ROAD? abilities (Treaty Doc. 112–7), 9 a.m., SD–G50. Full Committee, to hold hearings to examine the Committee on Small Business: Full Committee held a nominations of Gene Allan Cretz, of New York, to be hearing entitled ‘‘Is FMCSA’s CSA Program Driving Ambassador to the Republic of Ghana, Deborah Ruth Small Businesses Off the Road?’’. Testimony was Malac, of Virginia, to be Ambassador to the Republic of heard from Bill Bronrott, Deputy Administrator, Liberia, David Bruce Wharton, of Virginia, to be Ambas- Federal Motor Carrier Safety Administration; and sador to the Republic of Zimbabwe, and Alexander Mark public witnesses. Laskaris, of Maryland, to be Ambassador to the Republic of Guinea, all of the Department of State, 2:15 p.m., MISCELLANEOUS MEASURES SD–419. Committee on Veterans’ Affairs: Full Committee held a Committee on Health, Education, Labor, and Pensions: to markup of the following measures: H.R. 5948, the hold hearings to examine creating positive learning envi- ‘‘Veterans Fiduciary Reform Act of 2012’’; H.R. ronments for all students, 10:30 a.m., SD–106. 5747, the ‘‘Military Family Home Protection Act’’; Committee on Homeland Security and Governmental Affairs: and H.R. 4057, the ‘‘Improving Transparency of to hold hearings to examine the future of Homeland Se- Education Opportunities for Veterans Act of 2012’’. curity, focusing on the evolution of the Homeland Secu- The following measures were ordered reported, as rity Department’s roles and missions, 10 a.m., SD–342. amended: H.R. 4057; H.R. 5747; and H.R. 5948. Full Committee, to hold hearings to examine the nom- ination of Stephen Crawford, of Maryland, to be a Gov- ernor of the United States Postal Service, 2:30 p.m., Joint Meetings SD–342. INTERNATIONAL EXTRADITION NORMS Committee on Indian Affairs: to hold an oversight hear- ing to examine Federal recognition, focusing on political Commission on Security and Cooperation in Europe: Com- and legal relationship between governments, 2:15 p.m., mission concluded a hearing to examine international SD–628. extradition norms and their impact on United States Committee on the Judiciary: business meeting to consider victims of international fugitives, focusing on the S. 285, for the relief of Sopuruchi Chukwueke, S. 1744, case of George Wright and factors that impede or to provide funding for State courts to assess and improve

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the handling of proceedings relating to adult guardian- Committee on Energy and Commerce, Subcommittee on En- ship and conservatorship, to authorize the Attorney Gen- ergy and Power; and Subcommittee on Oversight and In- eral to carry out a pilot program for the conduct of back- vestigations joint hearing, discussion draft on ‘‘No More ground checks on individuals to be appointed as guard- Solyndras Act’’; and ‘‘Smart Energy Act’’, 9:15 a.m., ians or conservators, and to promote the widespread adop- 2123 Rayburn. tion of information technology to better monitor, report, Subcommittee on Commerce, Manufacturing, and and audit conservatorships of protected persons, S. 3276, Trade, hearing entitled ‘‘The renewal of the Federal Trade to extend certain amendments made by the FISA Amend- Commission’s authority to combat cross-border spam, ments Act of 2008, and the nominations of Terrence G. spyware and fraud through reauthorization of the U.S. Berg, to be United States District Judge for the Eastern SAFE WEB Act of 2006’’, 10 a.m., 2322 Rayburn. District of Michigan, Jesus G. Bernal, and Fernando M. Committee on Homeland Security, Subcommittee on Cy- Olguin, both to be a United States District Judge for the bersecurity, Infrastructure Protection, and Security Tech- Central District of California, Lorna G. Schofield, to be nologies, hearing entitled ‘‘Securing Ammonium Nitrate: United States District Judge for the Southern District of New York, Frank Paul Geraci, Jr., to be United States Using Lessons Learned in Afghanistan to Protect the District Judge for the Western District of New York, Homeland from IEDs’’, 10 a.m., 311 Cannon. This hear- Malachy Edward Mannion, and Matthew W. Brann, both ing will begin as an open hearing and move to a closed to be a United States District Judge for the Middle Dis- hearing in HVC–302. trict of Pennsylvania, Danny Chappelle Williams, Sr., to Committee on the Judiciary, Subcommittee on Courts, be United States Attorney for the Northern District of Commercial and Administrative Law, hearing entitled Oklahoma, Department of Justice, and Charles R. Breyer, ‘‘Clearing the Way for Jobs and Growth: Retrospective of California, to be a Member of the United States Sen- Review to Reduce Red Tape and Regulations’’, 9:30 a.m., tencing Commission, 10 a.m., SD–226. 2141 Rayburn. Select Committee on Intelligence: to hold a closed meeting Committee on Science, Space, and Technology, Subcommittee to consider certain intelligence matters, 2:30 p.m., on Space and Aeronautics, hearing entitled ‘‘Spurring SH–219. Economic Growth and Competitiveness Through NASA Derived Technologies’’, 10 a.m., 2318 Rayburn. House Committee on Small Business, Subcommittee on Investiga- Committee on Armed Services, Subcommittee on Readi- tions, Oversight and Regulations, hearing entitled ‘‘Sink- ness, hearing entitled ‘‘Department of the Air Force air- ing the Marine Industry: How Regulations are Affecting craft force structure reductions’’, 11 a.m., 2212 Rayburn. Today’s Maritime Businesses’’, 10 a.m., 2360 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, July 12 9 a.m., Thursday, July 12

Senate Chamber House Chamber Program for Thursday: The Majority Leader will be Program for Thursday: Consideration of H.R. 4402— recognized. The filing deadline for amendments to Reid National Strategic and Critical Minerals Production Act (for Landrieu) Amendment No. 2521 to S. 2237, Small of 2012 (Subject to a Rule). Business Jobs and Tax Relief Act, is at 1 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Coffman, Mike, Colo., E1231 Neugebauer, Randy, Tex., E1235 Conaway, K. Michael, Tex., E1235 Perlmutter, Ed, Colo., E1232 Adams, Sandy, Fla., E1236 Costello, Jerry F., Ill., E1223 Platts, Todd Russell, Pa., E1230 Barton, Joe, Tex., E1235 Davis, Danny K., Ill., E1223, E1226, E1231 Quigley, Mike, Ill., E1226 Bass, Karen, Calif., E1233 Dent, Charles W., Pa., E1227 Reed, Tom, N.Y., E1232 Bilbray, Brian P., Calif., E1232 Ellison, Keith, Minn., E1225 Richardson, Laura, Calif., E1224, E1229 Bishop, Sanford D., Jr., Ga., E1231 Fleischmann, Charles J. ‘‘Chuck’’, Tenn., E1230 Austin, David, Ga., E1232 Blumenauer, Earl, Ore., E1230 Green, Gene, Tex., E1230 Brady, Kevin, Tex., E1225 Hall, Ralph M., Tex., E1224, E1227 Slaughter, Louise McIntosh, N.Y., E1226 Broun, Paul C., Ga., E1233 Long, Billy, Mo., E1224, E1229, E1231, E1233, E1236 Smith, Adam, Wash., E1232 Butterfield, G.K., N.C., E1225 McCarthy, Carolyn, N.Y., E1225 Smith, Christopher H., N.J., E1227, E1234 Cantor, Eric, Va., E1231 McKeon, Howard P. ‘‘Buck’’, Calif., E1233 Towns, Edolphus, N.Y., E1234 Cardoza, Dennis A., Calif., E1224 Marino, Tom, Pa., E1235 Wilson, Joe, S.C., E1233 Clarke, Yvette D., N.Y., E1225 Mica, John L., Fla., E1223 Yoder, Kevin, Kans., E1230

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