Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 112 CONGRESS, FIRST SESSION

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

Vol. 157 WASHINGTON, THURSDAY, MARCH 3, 2011 No. 31 House of Representatives The House met at 10 a.m. and was Pursuant to clause 1, rule I, the Jour- eral Government cannot afford to be called to order by the Speaker pro tem- nal stands approved. throwing away the people’s money on pore (Mr. POE of Texas). f wasteful programs. Efficiency should f be at the forefront of all Federal spend- PLEDGE OF ALLEGIANCE ing to promote small-business job cre- DESIGNATION OF THE SPEAKER The SPEAKER pro tempore. Will the ation. I commend the efforts of Senator PRO TEMPORE gentleman from South Carolina (Mr. TOM COBURN of Oklahoma for being a The SPEAKER pro tempore laid be- WILSON) come forward and lead the driving force behind the study to un- fore the House the following commu- House in the Pledge of Allegiance. cover the overlapping of these pro- nication from the Speaker: Mr. WILSON of South Carolina led grams. WASHINGTON, DC, the Pledge of Allegiance as follows: In conclusion, God bless our troops, March 3, 2011. I pledge allegiance to the Flag of the and we will never forget September the I hereby appoint the Honorable TED POE to United States of America, and to the Repub- 11th in the global war on terrorism. act as Speaker pro tempore on this day. lic for which it stands, one nation under God, JOHN A. BOEHNER, indivisible, with liberty and justice for all. Speaker of the House of Representatives. f f f ANNOUNCEMENT BY THE SPEAKER REPUBLICAN BUDGET PRAYER PRO TEMPORE (Mr. BACA asked and was given per- The Chaplain, the Reverend Daniel P. The SPEAKER pro tempore. The mission to address the House for 1 Coughlin, offered the following prayer: Chair will entertain up to 10 requests minute.) Lord God, so caught up in the prob- for 1-minute speeches on each side of Mr. BACA. Mr. Speaker, creating lems and responsibilities of human life the aisle. jobs and strengthening the economy and the common good of the Nation, f must be the number one priority in Congress takes a moment to turn to Congress. Unemployment across the You. GAO STUDY: BILLIONS OF Nation remains far too high. In my dis- Our selective memory recalls only DOLLARS GOING TO WASTE trict, unemployment still remains near pieces of the past. With limited vision (Mr. WILSON of South Carolina 14 percent. Yet instead of focusing on of the future, we glimpse only some of asked and was given permission to ad- creating jobs, the Republican budget the consequences of our actions or our dress the House for 1 minute and to re- plan passed last month would cause failure to act today. vise and extend his remarks.) 700,000 Americans to lose their jobs. But in You is found the beginning Mr. WILSON of South Carolina. Mr. They will struggle to put food on the and the end of everything. Be present Speaker, Damian Paletta of the Wall table. to us in this our day. Street Journal reported on the study As we try to handle as much as we by the Government Accountability Of- This budget is an assault on middle- are able, free us by renewed faith in fice revealing bloated budgets in gov- and low-income families. Thousands of Your guidance and goodness. In this ernment programs. The study exam- teachers will be laid off, job training ever-changing world, help us to place ined a number of Federal agencies and programs across the country will be our trust in You, Heavenly Father. For found duplicative overlaps leading to eliminated, Pell Grants will be slashed You manage all natural events and wasteful spending of the taxpayers’ for low-income college students, and human affairs to achieve Your holy money. The GAO found inefficiencies investment in education will decrease. will for us and all Your children both with 82 Federal programs to improve And now the Republicans are pro- now and forever. teacher quality, 56 programs to help posing yet another tax on middle class Amen. people gain a working knowledge of fi- families to pay for the 1099 reporting f nances, and 47 Federal programs for job fix. training and employment. The study I urge my Republican friends to THE JOURNAL concluded that the effectiveness of stand with the American middle class The SPEAKER pro tempore. The many of these programs has not been families and break free from the right- Chair has examined the Journal of the assessed. wing extremists. Let’s work together last day’s proceedings and announces At a time when the President pro- on a real budget that creates jobs and to the House his approval thereof. poses trillion-dollar deficits, the Fed- responsibly lowers the deficit.

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 02:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.000 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1528 CONGRESSIONAL RECORD — HOUSE March 3, 2011 FOREIGN CRIMINALS WON’T GO PORT OF SAVANNAH This is not a gay rights issue. This is HOME (Mr. BARROW asked and was given a separation of powers issue. (Mr. POE of Texas asked and was permission to address the House for 1 f given permission to address the House minute and to revise and extend his re- HONORING THE NOGALES for 1 minute.) marks.) APACHES ON WINNING THE ARI- Mr. POE of Texas. Mr. Speaker, there Mr. BARROW. Mr. Speaker, I rise ZONA STATE HIGH SCHOOL DIVI- are thousands of foreign criminals in today in support of America’s ports, es- SION 4A–1 BASKETBALL CHAM- the United States prisons. Up to 19 per- pecially the one in Savannah, Georgia. PIONSHIP cent of our jails house criminal aliens. After spending last week touring the (Mr. GRIJALVA asked and was given These do not include immigration vio- rural areas of my district, it’s hard to permission to address the House for 1 lations either. They have been con- overstate the Savannah port’s impor- minute.) victed of everything from rape, robbery tance, even for areas outside of Savan- Mr. GRIJALVA. Mr. Speaker, I rise and murder. Then, after they serve nah. today to congratulate the Nogales their sentence, when we try to deport The Port of Savannah—the fastest Apaches on winning the Arizona State them, many of their native countries growing port in the Nation and the sec- High School Division 4A–1 basketball won’t take them back. ond largest on the east coast—supports championship. The number of foreign criminals in more than 295,000 jobs and contributes The Apaches’ victory over Scottsdale this situation is staggering. There are over $15 billion in income to Georgia’s Saguaro to win the title on Saturday over 140,000 of these outlaws that have economy. It’s also a major economic came after their upset victory of the been sent home but won’t go back. So hub for a 26-State region that stretches top-ranked Glendale Kellis team on what do we do? By law they get a get- deep into the Midwestern part of the Thursday. This win marked the first out-of-jail-free card to live in the country. time in 28 years that a Nogales school United States because we cannot per- Farmers, manufacturers, and miners has reached a championship game in manently keep these misfits in jail. ship product in and out of the port. any sport. So this is a particularly The worst offending countries in- And for thousands of small businesses gratifying victory. clude Cuba, China, India, Jamaica and around the country, the Savannah port Coach Ricardo De La Riva deserves a Pakistan. Maybe we should stop for- is their sole access to the rest of the great deal of credit for leading his eign aid altogether or refuse to issue world. team through the season, through the legal visas to these countries that Let’s make sure our goods can reach upset victories, and through the long refuse to take back their criminals. international markets and get America process of building a successful and co- There must be unpleasant con- back to work. I urge my colleagues to hesive team. sequences for countries that refuse to invest in our ports so that we can compete in today’s economy and the econ- This is a group that truly plays with take their convicted nationals back heart. It represents the best of the home. omy of the future. f community, as shown by the seven bus- And that’s just the way it is. loads of fans who traveled for several DEFENSE OF MARRIAGE ACT hours from Nogales to Glendale for the f (Mr. FARENTHOLD asked and was championship game. As Coach De La Riva told the Ari- THE PATIENCE OF AMERICA IS given permission to address the House zona Daily Star after the game: ‘‘This WEARING THIN, AND SO IS MINE for 1 minute and to revise and extend his remarks.) is a true team. We don’t have stars. We (Mr. PENCE asked and was given per- Mr. FARENTHOLD. Mr. Speaker, on don’t have egos. We just play.’’ His mission to address the House for 1 February 23, the Justice Department team reminds us of what scholastic minute and to revise and extend his re- announced it would no longer defend sport is all about. marks.) the Defense of Marriage Act. The De- I join with everyone else in congratu- Mr. PENCE. Two weeks ago, after 90 fense of Marriage Act was a bipartisan lating the school, the team, and the hours of debate, House Republicans in effort to preserve the sanctity of mar- community of Nogales in Santa Cruz. this majority passed a long-term fund- riage that, among other things, defined Congratulations. ing resolution that found more than marriage as a legal union between a f $100 billion in savings off the Presi- man and a woman. dent’s budget. It defunded their govern- The Attorney General and President WE NEED ENERGY INDEPENDENCE ment takeover of health care. It even have independently determined that (Mr. BURTON of Indiana asked and denied all Federal funding to Planned this is unconstitutional. Anyone who’s was given permission to address the Parenthood of America. taken a civics class or a government House for 1 minute and to revise and But while House Republicans have course will tell you that’s not the extend his remarks.) done the people’s business, at this mo- President’s or the Justice Depart- Mr. BURTON of Indiana. Mr. Speak- ment, Mr. Speaker, the Senate has vir- ment’s job. It’s the Supreme Court’s er, we have severe economic problems tually done nothing except find a way job. This is an express violation of the in this country. I think everybody un- to fund the government for another 2 separation of powers principle found in derstands that. weeks, and the White House just ap- the Constitution, and it presents a dan- But there is an economic problem pointed a few negotiators yesterday— gerous precedent for future administra- staring us in the face that people may just 2 short days before government tions to follow. not really be aware of yet, and that is funding would have run out to begin Regardless of where you stand on this the cost of energy. We’re not drilling with. issue, whether marriage is a biblically here, we’re not drilling in the ANWR, Look, the patience of the American sanctioned union between a man and a off the coast of the Continental Shelf, people is wearing thin, and so is mine. woman or otherwise, there could be no not in the Gulf of Mexico. We’re not Our Nation is facing a fiscal crisis of doubt that this power grab by the doing anything to become energy inde- epic proportions—$1.65 trillion in defi- President and the Justice Department pendent. cits this year, $14 trillion national is not what our Founding Fathers in- And right now in the northern tier of debt. The time to put our fiscal house tended when they created the checks Africa and in the Middle East, there’s in order is now. No more delays. No and balances system of our Constitu- all kinds of conflict. And if the Straits more kicking the cans. tion. of Hormuz, if the Persian Gulf or the Let’s have the debate. Let’s hash it The Obama administration, if it dis- Suez Canal are blocked in any way, we out. Let’s defund ObamaCare. Let’s agrees with a law passed by Congress could lose 30 percent or more of our en- defund Planned Parenthood, and let’s and signed by a previous President, it ergy. The lights in this place, the gaso- use this moment to have this fight to should use the legislative process to line that we buy would be maybe dou- make a downpayment on restoring fis- change that law—not usurp the power ble what it is today. And the impact of cal sanity to Washington, D.C. of another branch of government. this economy would be unbelievable,

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(Ms. EDWARDS asked and was given We have a tremendous amount of en- permission to address the House for 1 SMALL BUSINESS PAPERWORK ergy in this country. We can be energy minute and to revise and extend her re- MANDATE ELIMINATION ACT OF independent within 10 years if we get marks.) 2011 Ms. EDWARDS. Mr. Speaker, well, on with it. We’re too dependent on for- Mr. CAMP. Mr. Speaker, pursuant to here we are. It’s 8 weeks into the 112th eign energy. It’s dangerous. House Resolution 129, I call up the bill Congress and still not a single Repub- f (H.R. 4) to repeal the expansion of in- lican proposal to create jobs and formation reporting requirements for REPEALING THE 1099 PROVISION’S strengthen our economy. No jobs pro- payments of $600 or more to corpora- NEGATIVE ECONOMIC CON- posals and no jobs. tions, and for other purposes, and ask SEQUENCES Instead, we have a series of reports for its immediate consideration. (Mr. RICHMOND asked and was given stating really clearly that the Repub- The Clerk read the title of the bill. permission to address the House for 1 licans’ slash-and-burn budgets would The SPEAKER pro tempore (Mr. minute and to revise and extend his re- eliminate jobs, hundreds of thousands JOHNSON of Illinois). Pursuant to House marks.) of them, and send our economy spi- Resolution 129, the amendment in the Mr. RICHMOND. Mr. Speaker, my raling back into recession. Even Gold- nature of a substitute consisting of the Republican colleagues came down here man Sachs says that the Republican text of the amendment recommended yesterday, and will do so again today, continuing resolution would depress by the Committee on House Ways and like a well-rehearsed choir singing the economic growth by 2 percent and raise Means, printed in H.R. 705 is adopted same song: Repeal the 1099 provision, unemployment by 1 percent. Mark and the bill, as amended, is considered repeal the 1099 provision. They sang it Zandi, the economist, notes that this read. in perfect harmony. slash-and-burn idea of spending would The text of the bill, as amended, is as However, they conveniently left out cost our country 700,000 jobs. follows: two verses. One, last year 239 Demo- So here we are again, 8 weeks into crats and only two Republicans voted the new leadership, and all we get is H.R. 4 to repeal it. Second, they will pay for negative growth and job loss. Be it enacted by the Senate and House of Rep- the repeal by reaching into the pockets So, Mr. Speaker, where are my col- resentatives of the United States of America in Congress assembled, of working Americans and yanking out leagues? They need to get serious $25 billion. That’s just wrong. about creating jobs, strengthening our SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Comprehensive So, Mr. Speaker, I remind my col- economy, and ensuring long-term leagues that their song has two addi- 1099 Taxpayer Protection and Repayment of Ex- growth for our children and grand- change Subsidy Overpayments Act of 2011’’. tional verses. Just because they won’t children. sing about their tax increase doesn’t SEC. 2. REPEAL OF EXPANSION OF INFORMATION I would urge us to get together, REPORTING REQUIREMENTS TO PAY- mean the American people won’t feel House Democrats, Senate Democrats, MENTS MADE TO CORPORATIONS it. I, too, want to repeal the 1099 provi- and Republicans, in a good-faith effort AND TO PAYMENTS FOR PROPERTY AND OTHER GROSS PROCEEDS. sion, but this is not the way to pay for to pass a funding bill for the remainder it. (a) APPLICATION TO CORPORATIONS.—Section of the year that really guarantees our 6041 of the Internal Revenue Code of 1986 is Mr. Speaker I yield back because I future and creates jobs for our econ- will not be a co-conspirator to snatch- amended by striking subsections (i) and (j). omy. The American people cannot af- (b) PAYMENTS FOR PROPERTY AND OTHER ing $25 billion out of the bank accounts ford to see our economy sliding back- GROSS PROCEEDS.—Subsection (a) of section 6041 of hardworking Americans. wards. of such Code is amended— f (1) by striking ‘‘amounts in consideration for f property,’’, and REPUBLICANS’ ‘‘NO-JOB AGENDA’’ DON’T CUT NIH FUNDING (2) by striking ‘‘gross proceeds,’’ both places it (Mr. ELLISON asked and was given appears. permission to address the House for 1 (Mr. COHEN asked and was given per- (c) EFFECTIVE DATE.—The amendments made minute and to revise and extend his re- mission to address the House for 1 by this section shall apply to payments made marks.) minute and to revise and extend his re- after December 31, 2011. Mr. ELLISON. Mr. Speaker, we’ve marks.) SEC. 3. REPEAL OF EXPANSION OF INFORMATION now entered about the 55th day when Mr. COHEN. Mr. Speaker, St. Jude REPORTING REQUIREMENTS FOR Children’s Research Hospital is located RENTAL PROPERTY EXPENSE PAY- the Republican majority has been in MENTS. control of the House, and they’ve yet in Memphis, Tennessee. It is, according (a) IN GENERAL.—Section 6041 of the Internal to introduce a single bill to create a to U.S. News and World Report, the Revenue Code of 1986 is amended by striking single job for anyone anywhere. world’s greatest children’s and cata- subsection (h). The Republican majority has, how- strophic illness research hospital. (b) EFFECTIVE DATE.—The amendment made ever, introduced cuts to our national The Republican budget that passed by this section shall apply to payments made budget that will take away vital pro- this House talks about a lot of issues, after December 31, 2010. grams and cut jobs—cut jobs like cops but it cuts $2.5 billion from the Presi- SEC. 4. INCREASE IN AMOUNT OF OVERPAYMENT dent’s requests for the National Insti- OF HEALTH CARE CREDIT WHICH IS and nurses and teachers and things like SUBJECT TO RECAPTURE. that. tute of Health, $2.5 billion less than the (a) IN GENERAL.—Clause (i) of section The Republican majority doesn’t President recommends, and a $1.6 bil- 36B(f)(2)(B) of the Internal Revenue Code of seem to be interested in jobs, and their lion cut from last year. For the chil- 1986 is amended to read as follows: no-job agenda will not escape the view dren and the adults and everyone who ‘‘(i) IN GENERAL.—In the case of a taxpayer of the American people. has cancer and needs a cure, which whose household income is less than 400 percent The American people sent us all here they are finding with the help of the of the poverty line for the size of the family in- to make sure that we have a more per- NIH and St. Jude and other research volved for the taxable year, the amount of the fect Union, that we have prosperity in hospitals, that’s a death sentence. Peo- increase under subparagraph (A) shall in no event exceed the applicable dollar amount deter- our land. We don’t have it because un- ple will die. mined in accordance with the following table employment is just too high, and the If there is a place the Republicans (one-half of such amount in the case of a tax- Republican majority is not doing a should not cut, Mr. Speaker, it’s at payer whose tax is determined under section 1(c) thing about it. NIH grants to find cures for cancer, for for the taxable year):

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‘‘If the household income (expressed as a percent of poverty line) is: The applicable dollar amount is:

Less than 200% ...... $600 At least 200% but less than 300% ...... $1,500 At least 300% but less than 400% ...... $2,500.’’.

(b) EFFECTIVE DATE.—The amendment made Also brought forward by Mr. TIBERI mittee on Taxation, under the better by this section shall apply to taxable years be- of Ohio in September of last year, a enforcement rules of H.R. 4, some peo- ginning after December 31, 2013. form 1099 reporting requirement was ple won’t go into the exchange to ac- The SPEAKER pro tempore. The gen- expanded again to help pay for the cept a taxpayer-funded subsidy because tleman from Michigan (Mr. CAMP) and small business lending law. This expan- they would be required to pay a larger the gentleman from Michigan (Mr. sion treats the recipient of rental in- share or, in some cases, all of the sub- LEVIN) each will control 75 minutes. come from real estate as engaging in sidy back under H.R. 4. Paying back The Chair recognizes the gentleman the trade or business of renting prop- money you weren’t entitled to is not a from Michigan (Mr. CAMP). erty. Unless repealed, families and in- tax increase. GENERAL LEAVE dividuals will be forced to fill out pa- For example, under current law, a Mr. CAMP. Mr. Speaker, I ask unani- perwork if they do something as basic household making $105,000 might think mous consent that all Members may as replace a refrigerator in an apart- it’s worth understating its income, or have 5 legislative days within which to ment they rent out. The National Asso- at least not updating their income in- revise and extend their remarks and in- ciation of Realtors, which supports formation, in order to receive a $12,000 clude extraneous materials on H.R. 4. H.R. 4, called this provision not only The SPEAKER pro tempore. Is there exchange subsidy because they would another paperwork burden but a trap objection to the request of the gen- only have to pay back $3,000 if caught; for all small landlords. tleman from Michigan? but the household is less likely to do so There was no objection. Mr. Speaker, neither of these provi- under H.R. 4 because it would have to Mr. CAMP. Mr. Speaker, I yield my- sions reflects the wishes or needs of the pay back the entire subsidy given there self such time as I may consume. American people. The most important was no eligibility for the subsidy in the Today the House considers H.R. 4, issue on their minds is jobs. Let me say first place. legislation repealing one of the job- it again: jobs, jobs, and jobs. But de- So let’s be clear here. Voluntarily killing tax increases enacted in the spite the call for policies that can cre- choosing not to enroll in government Democrats’ health care law last year. ate a better climate for job creation, health care and thus foregoing the as- This legislation provides a pathway to Congress has enacted policies that sociated tax subsidies that one may achieving a goal that is shared by Re- make this harder. not be eligible for might result in more publicans and Democrats in the House H.R. 4 will accomplish three goals. government revenue, according to the and Senate alike, and by the Obama First, the legislation repeals the ex- Joint Committee on Taxation. But administration—repealing the form panded 1099 reporting requirements on that is not a tax increase. small businesses. Second, it repeals the 1099 reporting requirements enacted H.R. 4 is endorsed by more than 225 new 1099 reporting requirements for last year. organizations, including the American rental property. Before I get into the details of H.R. 4, Farm Bureau, the U.S. Chamber of I would like to take a moment to rec- b 1030 Commerce, the American Osteopathic ognize and commend my colleague and Third, it protects taxpayers by recov- Association, and Americans for Tax friend, Congressman DAN LUNGREN of Reform. Grover Norquist of ATR wrote California. He first brought this issue ering overpayments of taxpayer-funded government subsidies. he was especially pleased about the re- to light, and through his hard work we peal of the 1099 provisions and the bill are here today to vote on a bill that What that means, and I know we are going to hear a lot about it from the is ‘‘a net tax cut.’’ That’s because de- has enjoyed strong bipartisan support. spite the claims to the contrary, H.R. 4 We have been here talking about other side today, is that if this bill reduces Federal spending by nearly $20 1099s before. Some have even gone so passes, anyone earning more than 400 billion over the next 10 years. It also far as to say there seems to have been percent of poverty, nearly $95,000 for a 1,099 votes to repeal 1099s. While we family of four in 2014, and who is ineli- reduces the deficit by $166 million over have attempted in the past to repeal gible for the exchange subsidies under that same time. That’s probably why this misguided feature of last year’s the 2010 health care law will be re- the bill is supported by Americans for health overhaul, today we turn a cor- quired to pay back all, not just some, Prosperity and the National Taxpayers ner and move H.R. 4 from the House to of the improper payments. I would like Union as well. the Senate, so that it will hopefully to note that this is the same level Mr. Speaker, today we have the op- soon be sent to the President for his Democrats used in the original law en- portunity to come together and ad- signature. Only then will small busi- acted last March. vance a bill that is a win for small nesses and families have certainty that For those earning less than 400 per- business, a win for families, and a win they will not be buried under an ava- cent of poverty, the level of repayment for taxpayers across America. Cast a lanche of tax paperwork. of those overpayments is also in- ‘‘yes’’ vote for H.R. 4 and give them In 2010, as one of many ways to fi- creased. This is similar to the path that win. nance a trillion dollar health care law, taken by Democrats in December when SUPPORTERS OF 1099 REPEAL (AS OF 3/2/11) they adjusted the repayment amounts tax information reporting rules were [COMMITTEE ON WAYS AND MEANS] expanded. These new rules require busi- as a way to finance the so-called ‘‘doc nesses to issue a form 1099 for any pay- fix.’’ Aeronautical Repair Station Association; Now, I noticed yesterday that there Agricultural Retailers Association; Air Con- ments to corporations rather than just ditioning Contractors of America; Alabama individuals, and for any payments for was a lot of huffing and puffing on the Nursery & Landscape Association; Alliance property rather than just services or floor about alleged tax increases in for Affordable Services; Alliance of Inde- investment income that exceeds $600 H.R. 4. I want to be sure to clear up pendent Store Owners and Professionals; over the course of a year. any confusion on this point. American Association for Laboratory Ac- This previously little-known provi- The Joint Committee on Taxation creditation; American Bakers Association; sion quickly became an item of great says in its score that in addition to a American Bankers Association; American concern to small business employers $20 billion spending cut, there is a $5 Beekeeping Federation; American Council of across the country. The National Fed- billion increase in revenue to the gov- Engineering Companies; American Council of ernment from this one provision. But Independent Laboratories; American Farm eration of Independent Business, whose Bureau Federation ®; Americans for Pros- 350,000 members support H.R. 4, said that doesn’t mean people are nec- perity; American Foundry Society; Amer- this newly enacted reporting require- essarily paying more in taxes. Now, ican Hotel & Lodging Association; American ment would have a direct negative im- how is that possible? Simple. Accord- Institute of Architects; American Institute pact on small business. ing to the nonpartisan Joint Com- of Certified Public Accountants;

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Rental Association; American Road & Trans- Campgrounds; National Association of State Textile Rental Services Association of portation Builders Association; American Departments of Agriculture; National Asso- America; The National Grange of the Order Sheep Industry Association; American Soci- ciation of Theatre Owners; National Associa- of Patrons of Husbandry; Tire Industry Asso- ety of Association Executives; American So- tion of Wheat Growers; National Association ciation; Toy Industry Association, Inc.; ciety of Interior Designers; American Soy- of Wholesaler-Distributors; National Barley Turfgrass Producers International; U.S. bean Association; American Subcontractors Growers Association; National Cattlemen’s Apple Association; U.S. Canola Association; Association, Inc.; American Sugar Alliance; Beef Association; National Chicken Council; U.S. Chamber of Commerce; United Egg Pro- American Supply Association; American National Christmas Tree Association; Na- ducers; United Fresh Produce Association; Veterinary Distributors Association; Amer- tional Club Association; National Commu- United Producers, Inc.; United States Dry ican Veterinary Medical Association; Ameri- nity Pharmacists Association. Bean Council; USA Dry Pea & Lentil Coun- cans for Tax Reform; AMT—The Association National Corn Growers Association; Na- cil; USA Rice Federation; Utah Nursery & For Manufacturing Technology; Arizona tional Cotton Council; National Council of Landscape Association; Virginia Christmas Nursery Association; Assisted Living Federa- Agricultural Employers; National Council of Tree Growers Association; Virginia Green In- tion of America; Associated Builders and Farmer Cooperatives; National Electrical dustry Council; Virginia Nursery & Land- Contractors. Contractors Association; National Electrical scape Association; Virginia Technology Alli- Associated Equipment Distributors; Asso- Manufacturers Representatives Association; ance; Washington State Nursery & Land- ciated General Contractors of America; Asso- National Federation of Independent Busi- scape Association; Western Growers Associa- ciated Landscape Contractors of Colorado; ness; National Home Furnishings Associa- tion; Western Peanut Growers Association; Association of Free Community Papers; As- tion; National Lumber and Building Material Western United Dairymen; Window and Door sociation of Ship Brokers & Agents; Associa- Dealers Association; National Milk Pro- Manufacturers Association; Wisconsin Com- tion of Small Business Development Centers; ducers Federation; National Multi Housing munity Papers; Wood Machinery Manufac- Automotive Aftermarket Industry Associa- Council; National Newspaper Association; turers of America. tion; Automotive Recyclers Association; National Office Products Alliance; National Bowling Proprietors Association of America; Restaurant Association; National Retail I reserve the balance of my time. California Association of Nurseries and Gar- Federation; National Roofing Contractors Mr. LEVIN. I yield myself as much den Centers; California Landscape Contrac- Association; National Small Business Asso- time as I shall consume. tors Association; Commercial Photographers ciation; National Small Business Network; Let’s be clear what the issue is International; Community Papers of Florida; National Sunflower Association; National today. The issue is not repeal of this Community Papers of Michigan; Community Taxpayers Union. provision, of 1099. We on this side not Papers of Ohio and West Virginia; Com- National Tooling and Machining Associa- only favor repeal, but all of us who tion; National Utility Contractors Associa- puting Technology Industry Association; were here last session voted for it. We Connecticut Nursery & Landscape Associa- tion; Nationwide Insurance Independent Con- tion; Council of Smaller Enterprises; Direct tractors Association; Nebraska Nursery and voted to repeal it. It failed because Selling Association; Door and Hardware In- Landscape Association; New Mexico Family only two people on the minority, then stitute. Business Alliance; New Mexico Nursery & minority side, voted for the bill. They Electronic Security Association; Elec- Landscape Association; New York State didn’t like the pay-for. tronics Representatives Association (ERA); Nursery and Landscape Association; North Mr. CAMP mentions the NFIB. They Farm Credit Council; Financial Services In- American Die Casting Association; North supported our effort last year to repeal stitute, Inc.; Florida Nursery, Growers & Carolina Green Industry Council; North 1099. Landscape Association; Free Community Pa- Carolina Nursery and Landscape Associa- So, again, the issue is not repeal. We pers of New York; Georgia Green Industry tion; Northeastern Retail Lumber Associa- Association; Hampton Roads Technology tion; Northwest Dairy Association; NPES have made that clear in the past, while Council; Healthcare Distribution Manage- The Association for Suppliers of Printing, the effort to repeal was blocked on the ment Association; Hearth, Patio & Barbecue Publishing & Converting Technologies; Republican side last session. The rea- Association; Idaho Nursery & Landscape As- OFA—An Association of Floriculture Profes- son they did not vote ‘‘yes,’’ they said, sociation; Illinois Green Industry Associa- sionals; Office Furniture Dealers Alliance; was because they did not like the pay- tion; Illinois Landscape Contractors Associa- Ohio Nursery and Landscape Association; Or- for. tion (ILCA); Illinois Technology Association egon Association of Nurseries; Oregon Nurs- The pay-for closed tax loopholes, (ITA); Independent Community Bankers of ery Association; Outdoor Power Equipment closed tax loopholes, and they stood up America; Independent Electrical Contrac- Institute; Pennsylvania Landscape and Nurs- and said, no, we can’t vote for the bill tors, Inc.; Independent Office Products & ery Association. Furniture Dealers Association; Indiana Nurs- Pet Industry Distributors Association; Pe- because of that. Ironically, most of the ery and Landscape Association; Indoor Tan- troleum Marketers Association of America; loopholes closed in that effort have ning Association; Industrial Supply Associa- Plumbing-Heating-Cooling Contractors Asso- now become law. So that effort last tion. ciation; Precision Machined Products Asso- year to block repeal essentially was to Industry Council for Tangible Assets; ciation; Precision Metalforming Association; block the loophole effort that has now International Association of Refrigerated Printing Industries of America; Professional become the law of this land. That Warehouses; International Foodservice Dis- Golfers Association of America; Professional should be clear. The issue is not repeal. tributors Association; International Fran- Landscape Network; Professional Photog- chise Association; International Housewares raphers of America; Promotional Products The issue is how you pay for that re- Association; International Sleep Products Association International; Public Lands peal. Association; Kentucky Nursery and Land- Council; S Corp Association; Safety Equip- The Senate has now voted to repeal scape Association; Louisiana Nursery and ment Distributors Association; Saturation 1099 and apparently the now majority Landscape Association; Maine Landscape Mailers Coalition; SBE Council; Secondary does not like the pay-for in the Senate and Nursery Association; Manufacturers’ Materials and Recycled Textiles Association; bill. Agents Association for the Foodservice In- Self-Insurance Institute of America (SIIA); What does this bill provide? Well, in dustry; Manufacturers’ Agents National As- Service Station Dealers of America and Al- very simple terms, in clear terms, in sociation; Manufacturing Jewelers and Sup- lied Trades; SIGMA, the Society for Inde- unmistakable terms, the pay-for is an pliers of America; Maryland Nursery and pendent Gasoline Marketers of America; Landscape Association; Massachusetts Nurs- Small Business Council of America. increase on middle-income families. It ery & Landscape Association, Inc.; Michigan Small Business Legislative Council; SMC increases how much they will have to Nursery and Landscape Association; Mid-At- Business Councils; Society of American Flo- pay to the IRS if their income in- lantic Community Papers Association; Mid- rists; Society of Independent Gasoline Mar- creases over what was projected when west Free Community Papers; Minnesota keters of America; Society of Sport & Event they would have obtained health insur- Nursery & Landscape Association; Motor & Photographers; South Carolina Nursery & ance. Equipment Manufacturers Association; Landscape Association; Southeastern Adver- Let me be very clear, the people were NAMM, National Association of Music Mer- tising Publishers Association; Southeast playing by the rules once the law be- chants. Dairy Farmers Association; Southeast Milk, National Apartment Association; National Inc.; Specialty Equipment Market Associa- came effective. It wasn’t that they Association for Printing Leadership; Na- tion; Specialty Tools & Fasteners Distribu- were ineligible. They were eligible, pe- tional Association for the Self-Employed; tors Association; SPI: The Plastics Industry riod. So no one should say they were National Association of Federal Credit Trade Association; Start Over! Coalition; not eligible, that somehow they misled,

VerDate Mar 15 2010 02:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.007 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1532 CONGRESSIONAL RECORD — HOUSE March 3, 2011 that somehow they misrepresented. looks forward to continuing to work Americans. And that is exactly what Now, these are middle-income families with the Congress on the repeal of the this legislation will do. who would have become eligible play- information reporting requirements in Let’s not kid ourselves. Democrats ing by the rules. the course of the legislative process, offered a different path. Last July, we So this is a tax increase, if this bill including finding an acceptable offset put forward legislation to repeal the becomes effective, on middle-income for the cost of the repeal.’’ 1099 reporting requirements, and we families in future years. Mostly, it will What this bill would do would be to paid for it by eliminating loopholes in be on families with incomes between provide an unacceptable offset, one the Tax Code that reward those export- $80,000 and $110,000. These are esti- that would burden hundreds of thou- ing U.S. jobs overseas. And, the Senate mates. sands of middle income taxpayers in has offered an alternative path as well. It can well be that a small increase our country. We should not do that, pe- Last month, they overwhelmingly in income beyond what was anticipated riod. passed a bipartisan repeal of the 1099 can lead to an increase by as much as I reserve the balance of my time. reporting requirement, which did not $12,000. That’s the amount that could Mr. CAMP. I yield 2 minutes to the include a tax increase on middle class be required in a check from the tax- gentlewoman from Washington State workers. But my Republican colleagues in the payer to the IRS, and Joint Tax (Mrs. MCMORRIS RODGERS). majority here in the House, who have projects that the average increase will Mrs. MCMORRIS RODGERS. Thank continually preached lower taxes, less be about $3,000. you, Mr. Chairman. regulation and fiscal discipline, have Well, it’s been said, it was said in our I rise in strong support of H.R. 4, the refused either of these alternative ap- committee and then before the Rules Small Business Paperwork Reduction proaches. Instead, my Republican col- Committee yesterday, that it’s not a Mandate Elimination Act of 2011. leagues are forcing a vote today on tax increase. So let me be clear by There’s not a single issue that I hear more about from Washington State H.R. 4, a measure that will impose a $25 reading the language that’s in the bill: billion new tax on middle class fami- If the advance payments to a tax- businesses than the 1099 requirement that made its way into last year’s lies. Yes, you heard that right. It is payer exceed the credit allowed by this only 59 days since my Republican col- section, the tax imposed by this chap- health care law. Not only is this provision an administrative nightmare for leagues have assumed majority control ter for the taxable year shall be in- of the House of Representatives, and creased. employers, it has the potential to devastate small businesses. In fact, NFIB they’re already breaking their cam- It is in clear simple English. So let paign pledge of no new taxes, a pledge estimates that the average business no one stand up here and say it’s not a that 234 of 241 sitting Republican Mem- will have to submit at least 95 forms tax increase when it is. bers of the House signed. Let me also, if I might, read from the under the new requirement, a costly in- And, no, Republicans are not taxing Statement of Administration Policy crease from the current handful that’s the wealthiest 1 percent to pay for this that was issued yesterday. required today. small business relief bill. They are Even tax consultants have said this ‘‘Specifically, H.R. 4 would result in raising taxes on middle class workers, tax increases on certain middle class 1099 is more onerous than any tax that like firefighters, police officers, nurses families that incur unexpected tax li- the IRS could collect from small busi- and teachers, the very American fami- abilities, in many cases totaling thou- nesses. At a time when our economy is lies who work day in and day out to sands of dollars, notwithstanding that struggling, jobs are scarce and unem- make their financial ends meet, the they followed the rules.’’ ployment continues to hover near 10 very American families under attack I want to read it again. percent, the last thing we should do is today in Wisconsin, in Indiana, in Ohio, ‘‘Specifically, H.R. 4 would result in make it more difficult on our employ- and across the Midwest. tax increases on certain middle class ers, particularly the small businesses Now, the Republicans will not admit families that incur unexpected tax li- that make up the backbone of our that embedded in H.R. 4 is a tax in- abilities, in many cases totaling thou- economy and create most of the jobs in crease on the middle class. But the sands of dollars, notwithstanding that America. facts are the facts. The Joint Com- they followed the rules.’’ The 1099 is just one in a number of mittee on Taxation says the Repub- Now, it was said yesterday at the policies that have created a climate of lican bill is a tax increase, citing how Rules Committee that this is not a tax fear and uncertainty for the private it will raise $25 billion in new revenue. increase because it would become effec- sector. Businesses don’t know what That is congressional-speak for a tax tive at a later date, 2014, when the sub- regulatory hurdles they will have to increase. Even Grover Norquist, the au- sidies under the health reform bill be- jump through or the increased costs thor of the ‘‘Taxpayer Protection come effective. they will incur in the short or long Pledge,’’ has said, ‘‘Americans for Tax term. We need to give them certainty. b 1040 Reform has always followed Committee We need to have them start expanding on Joint Taxation methodology.’’ Well, if you use that logic, we could, and grow their businesses again. And a Yet, still my Republican friends deny this year, increase taxes for everybody first good step is the repeal of the 1099 and deny and deny. But, my friends, by, say, 5 percent, and that would not requirement. read my lips—Republicans are raising be a tax increase because it would be I urge support. taxes. Just look at the contents of the for a later year. Mr. LEVIN. I yield such time as he bill. Under the Democratic health re- In a word, if this bill would become may consume to someone who has been form law, an American family of four law, it would mean a tax increase for leading the effort to repeal 1099 in a re- earning $88,000 a year is obligated to hundreds of thousands of middle in- sponsible way for the middle-income pay no more than 9.5 percent of their come taxpayers. families of America, the gentleman income on health care premium costs. Also, according to Joint Tax, it from New York (Mr. CROWLEY). In this example, that is $8,360 that would have this effect, that about Mr. CROWLEY. I thank the gen- comes out of their pocket on a typical 266,000 people would not be covered tleman from Michigan (Mr. LEVIN) for family policy valued at $13,000. So the with health insurance because of the yielding me this time. family would pay, out of their pocket, provisions in this bill. Mr. Speaker, I rise in strong opposi- $8,360 in annual premiums for their So, in a few words, what this bill tion to this bill not because I oppose health care coverage, and the Federal would do would be to saddle middle in- the repealing of the 1099 reporting re- Government would provide a tax cred- come taxpayers in future years, pure quirements. I do. I have a record of it—not a subsidy, not a subsidy, a tax and simple. What we should do is to go supporting 1099 repeal and relieving credit—valued at $4,640 to cover the back and find a responsible way to pay America’s small businesses from oner- rest. These are not subsidies, but tax for the repeal of 1099. ous paperwork and onerous regula- credits to working people. They work And I close by the following para- tions. What I’m opposed to is paying exactly like the child tax credit or the graph from the Statement of Adminis- for this small business tax bill by in- tax credit to make college more afford- tration Policy, ‘‘The administration creasing taxes on working middle class able.

VerDate Mar 15 2010 01:13 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.009 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 3, 2011 CONGRESSIONAL RECORD — HOUSE H1533 How many of all of our constituents AMERICANS FOR TAX REFORM, by cutting wasteful government spend- use those tax credits? Do they believe Washington, DC, February 24, 2011. ing. The Democrats’ health law pro- it is welfare, a form of welfare? I don’t Hon. DAVE CAMP, vides subsidies for low-income people think so. They understand the dif- House of Representatives, Committee on Ways to buy health insurance; but if their in- and Means, Washington, DC. come goes up and they don’t need help ference between a subsidy and a tax DEAR CHAIRMAN CAMP: I write today to re- credit. These are not subsidies for the iterate the support of Americans for Tax Re- any more, they still get to keep a large middle class. They are tax credits for form for H.R. 705, the ‘‘Comprehensive 1099 portion of the subsidy. Getting rid of the middle class. These are tax relief Taxpayer Protection and Repayment of Ex- excess subsidies is not a tax increase. measures for the middle class. change Subsidy Overpayments Act of 2011.’’ I It’s simply being responsible with the The Affordable Care Act also ensures also wish to clarify that H.R. 705 is a net tax taxpayers’ money. that the Federal funding going towards cut, and is therefore not a violation of the Mr. Speaker, the American people Taxpayer Protection Pledge. have told us they want two things: a family’s health premium is paid di- Two bills in the last Congress (one of rectly to the insurance carrier, to the more jobs and less spending. The bill which was Obamacare) greatly increased before us advances both of these goals, insurance company, not to the family. ‘‘1099–MISC’’ information reporting for small In short, the family receiving this tax employers, and introduced this reporting for and it deserves the support of every credit will never, ever personally touch the first time to families renting out real Member of this House. that money, not a single dime do they property. These requirements are unneces- Mr. LEVIN. I yield myself such time feel. It never transfers through them. sary, onerous, and would lead to major com- as I may consume. pliance issues—as the IRS itself admits. H.R. There has been a reference here to 705 repeals these two provisions, which is a taxpayers who did not honestly report b 1050 victory for taxpayers. their income. I must say that’s an However, under the Republican bill, The official score of H.R. 705 from the egregious misstatement. The way this H.R. 4, if that very same family that Joint Committee on Taxation (JCX–14–11) works, or will work, is people will re- shows that this bill is a net tax cut. By report their income honestly, and they earns $88,000, the breadwinner of the pealing the 1099–MISC provisions, taxes are family is called into the boss’s office cut by a gross amount of $24.7 billion from do so based on their taxable income of and the boss says: You know what, 2011–2021. By requiring erroneously-obtained a particular year. you’re on your track to management. Obamacare exchange credit advances to be The problem with this bill is if the You’re doing such a great job, we’re paid back by more recipients, JCT scores a income often unexpectedly goes up in a going to give you a $250 bonus. Take dual effect from the bill. Gross taxes would subsequent year, how much will the the family out to dinner. It’s the holi- increase by $5 billion, and spending (‘‘outlay taxpayer be required to pay to the IRS. day season. effects,’’ as shown in footnote 2) would be re- That’s what the issue is. And as Mr. duced by $19.9 billion. CROWLEY said, there are other pro- And you’re overjoyed. You go back to Thus, the gross tax cut effects of repealing your family and say, I am management grams where people report their in- the 1099–MISC reporting requirements are come. They report it honestly, and material. I got a $250 bonus. I’m taking ‘‘paid for’’ by a small gross tax increase and everybody out to dinner tonight. a large spending cut. Overall, the bill is a net then there is a change and the question Well, here’s the rub: you would go tax cut of $19.7 billion from 2011–2021. is whether they should have to later from the 398 percentile of the Federal Because no bill which is a net tax cut can pay some income tax to the IRS and, if poverty level to the 401 percentile of possibly be in violation of the Taxpayer Pro- so, how much. tection Pledge, the latter simply does not What this bill does in its present the poverty level. When that happens, apply in this matter. Americans for Tax Re- form is to recreate a ‘‘cliff’’ which we you would then owe the Federal Gov- form has always followed JCT scoring meth- smoothed out in previous legislation, ernment for that $250. In April of the odology in this area, including when JCT and the cliff is 400 percent of poverty. next year the Federal Government disaggregates between spending and revenue And if unexpectedly you go over that effects of tax legislation. Spending cuts would say: Not so fast, you owe us amount in a subsequent year, essen- $4,640 to make up for your having should never be confused with tax increases, and JCT does a good job pointing out when tially what this provision would say is accessed those tax credits. that the middle-income taxpayer would That’s right, they would have to pay spending policy is present in tax bills. Those trying to call this bill a net tax hike are sim- have to pay far, far more in taxes in back every single dime that went di- ply seeking to mislead the public, or cannot that subsequent year. And the burden rectly to that health insurer, to that accurately read a JCT score. would essentially be on middle-income health insurance company when a dime I encourage all Members of Congress to taxpayers. That’s undeniable. It would never crossed their fingers. Not a sin- support this tax cut/spending cut bill when it be on income from people who are hon- gle dime crossed their fingers. is considered by the full House. est, who are middle-income taxpayers. Say it ain’t so, Joe—that’s what fam- Sincerely, So I hope no one will use the term GROVER G. NORQUIST. ilies back home in my district are say- ‘‘ineligible’’ or use the term ‘‘dis- ing. But I can’t; it’s true. Republicans I yield 2 minutes to the gentleman honest.’’ That’s selling short the people are raising taxes. from California (Mr. HERGER), a mem- of this country, the middle-income tax- The 1099 provisions should be re- ber of the Ways and Means Committee. payers. pealed. I agree with that, but not on Mr. HERGER. Mr. Speaker, I rise in And, indeed, the effort of 1099 was to the backs of middle class workers and strong support of H.R. 4. make sure that smaller businesses and middle class Americans. Coming from a small business back- others reported accurately their in- Mr. CAMP. I yield myself such time ground myself, I know personally the come. That was its purpose. Now, it is as I may consume. paperwork burden of misguided govern- clear that the way it was devised cre- I would just like to say that the ex- ment regulations imposed on our Na- ated all kinds of problems in terms of ample the gentleman from New York tion’s entrepreneurs and job creators. management of the small business, and cited, that if the family or individual If the expanded 1099 reporting require- so we moved to repeal it. But it is iron- honestly reported their income without ment in the Democrats’ health care ic that if essentially 1099 is now used this change that we are proposing law takes effect, it will be one of the by repealing it, when the effort was to today, they would still have to repay most far-reaching and burdensome un- have people honestly report their in- the entire amount of the subsidy to the funded mandates ever created. Small come, it would essentially penalize government. businesses will be required to fill out people, middle-income taxpayers, who I submit for the RECORD a letter from hundreds, or even thousands, of these honestly reported their income and be- Americans for Tax Reform that says forms every year. Yet the revenue sup- came eligible for a tax credit. this legislation is not a tax increase posedly raised by this reporting Let me just in that respect read from and is not a violation of the taxpayer amounts to less than 1 percent of the Families USA: ‘‘Unfortunately, H.R. 4 protection pledge. estimated annual tax gap. proposes paying for the repeal of the N.B. The following letter applies in full to This 1099 rule is devastating to small 1099 reporting requirement with a pro- House consideration of H.R. 4, ‘‘The Small businesses, and it must be repealed vision that would disproportionately Business Paperwork Mandate Elimination now. H.R. 4 addresses the budgetary harm middle class Americans. The Af- Act of 2011.’’—RLE, 03–02–2011 costs of repealing the 1099 requirement fordable Care Act protects individuals

VerDate Mar 15 2010 01:13 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.012 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1534 CONGRESSIONAL RECORD — HOUSE March 3, 2011 and families who run the risk of having Health care insurance for their fami- thing to do, who believe that people income that may bump them up over lies, health care insurance, which is aren’t entitled to something that they the eligibility limits for premium cred- something we all would want to pro- earned under law and that people who its by capping the tax penalty they will vide for our families. get paid something don’t believe it owe if the monthly premium credit re- What is it about this example? When should be paid back. ceived during the year exceeds the they get the $250 bonus and they get My citizens and my constituents: amount of credit due based on unex- pushed into the 400 percentile of pov- Greg from Independence, Kentucky, pected changes in income or family erty, that they now have to pay back wrote: ‘‘We don’t need this new 1099 re- status. This legislation would elimi- their $4,460, what is it about my state- quirement for small business. Get out nate the safe harbor for middle-income ment that’s wrong? I haven’t heard of the way so we can prosper.’’ That families and would increase the cap for yet—because it’s not wrong, because means creating taxpayers, not raising lower-income families by $500.’’ that family would be exposed to a mas- taxes. And it closes, and again I’m quoting: sive tax increase, one that they cannot Eric from Cynthiana told me: ‘‘Small ‘‘Although we recognize that Congress afford. businesses are already being crushed by needs to repeal the 1099 reporting re- So don’t describe these people as dis- overreaching government mandates quirement so that it is no longer a dis- honest. Don’t describe the middle class and undue burdens. I’m personally sick traction from the way the Affordable worker as trying to scam the system. of this foolishness.’’ Joann from DeMossville wrote in to Care Act benefits millions of small Not everyone tries to do that. By the tell me how she would personally be af- businesses, funds intended to help way, you might find that in the lowest fected. She stated: ‘‘My husband is a America’s middle class families should poverty level, and I would dare say the sole proprietorship, and I currently not be used as a piggy bank to mend top 1 percent try to scam the system, I complete and submit 1099s for his sub- this legislative problem. We urge you would probably think, all the time. So contractors. So, if we spend $600 at to find an alternative and more respon- let’s not disparage anymore the middle Home Depot, I now need to send them class that we already have by pre- sible offset for this legislation that a 1099? Sounds like a good use of my senting this bill this morning. does not increase taxes on America’s time and IRS resources.’’ Mr. CAMP. I yield 21⁄2 minutes to a hardworking middle class families.’’ Tom in Burlington may have distinguished member from the Ways Undeniably, that is what this legisla- summed up the requirement the best and Means Committee, the gentleman tion would do. It is middle class fami- when he simply called it ‘‘a nightmare from Kentucky (Mr. DAVIS). lies who honestly reported their infor business.’’ come, period. Mr. DAVIS of Kentucky. Mr. Speak- Mr. Speaker, we need small busi- er, I would just like to point out the b 1100 nesses to focus on what they do best— louder one yells and the more one says to innovate, grow and hire. This re- There is a fraud provision in the act, it, as I told my children when they porting requirement needs to be re- which is a very stringent one, that cov- were little, doesn’t make it true or cor- moved now. It’s burdensome, and it’s ers the case of anybody who is dis- rect. going to drive up costs and cost us honest; but what you’re doing is penal- I think that we need to get down to jobs. If allowed to go into effect, it will izing middle-income families who were the facts in this matter. Saying that slow job growth and will lead to higher honest, honest, honest. paying back an overpayment is a tax prices for consumers. Let our job cre- I yield such time as he may consume increase is dissembling at best. It is ators create jobs and focus on that. to the gentleman from New York (Mr. the return of money that was not enti- I urge support for H.R. 4. CROWLEY). tled by a particular individual. Mr. LEVIN. I yield such time as he Mr. CROWLEY. Thank you, Mr. Democrats were for this before they may consume to the gentleman from LEVIN. were against it. To say it’s a tax in- New York (Mr. CROWLEY). I am a bit disturbed as well about the crease is simply wrong. Democrats cre- Mr. CROWLEY. I thank the gen- description of the individuals we’re ated this mess. Democrats made the tleman for yielding to me. talking about here, as though everyone IRS, of all organizations, the arbiter of I wonder if my friend from Kentucky is trying to scam the system. health care. I mean I think we need to heard from his middle class taxpayers. I would just point out, in the bill get down to the truth here and not I know he’s heard from the small busi- H.R. 4994, which had bipartisan support make the mistake of—since we’re in- ness owners. We’ve all heard from last year—with every Republican but curring issues of values and honor and them. But has he heard from the mid- one—we passed it to eliminate the cliff faith here, Isaiah the prophet made the dle class? When they get imposed this and to eliminate the possibility of a comment that beware of those who call tax upon them, have they said, ‘‘Don’t massive increase in taxes on the mid- good ‘‘evil’’ and evil ‘‘good’’ or sweet put this tax on me’’? No, because, quite dle class. So we have already addressed ‘‘sour’’ or sour ‘‘sweet.’’ There is a con- frankly, they don’t know what’s hap- this. What your bill today will do is sequence that comes with that, and the pening. They wouldn’t dream that you put that back in place. American people are entitled to the would do this to them. They wouldn’t I would just ask my colleague Mr. truth. dream that somehow you might pos- CAMP: Democrats increase taxes. Democrats sibly inflict and impose upon them a What is it about the example I gave increase costs. Democrats increase $4,460 tax. that’s wrong? What is it about the ex- complexity of government. My friends If your constituents earning $88,000 ample of a family of four, earning on the other side of the aisle, frankly, go over by one penny—one cent—over $88,000 a year? Based on their prior in- misrepresented the facts of this bill at the 400 percentile of poverty—one come taxes, they’re eligible for the tax best or are completely ignorant of the penny—they have to pay back $4,460, credits in the next year, assuming as process they set in motion unilater- which they never ever physically they do, because they live a pretty dull ally. Indeed, to call this a tax increase touched, which they never received. It life, a pretty hard life, trying to main- reminds me of the health care debate went to the insurance company. The tain their home, get their kids a qual- last year when we were told we just insurance companies get taken care of. ity education. Probably, at this point, had to read the bill to find out what They get their money. They’re fine. By maybe one of their kids is in college al- was in it. one penny over the Federal poverty ready; and by the way, they’re prob- I don’t think you read the bill under level, your middle class families have ably accessing the Child Tax Credit, so any circumstances. to pay back $4,460. Does that sound fair they’re used to taking tax credits. Mr. Speaker, I rise today in support to you? Now this is one other additional tax of this Comprehensive 1099 Taxpayer Now, maybe for one penny over, they credit that they can avail themselves Protection and Repayment of Ex- have to give a little something back. of—to do what? Not to get the $4,460 change Subsidy Overpayments Act of Maybe for every dollar over, they’ll and take it and go out and buy a car, 2011. I want to read some correspond- have to give a little something back. not to get the $4,460 to go on vacation ence from the middle class families in But to pay back $4,460 so they can pro- or to scam somehow—but to buy what? my district who think this is the right vide their families with health care? I’d

VerDate Mar 15 2010 01:13 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.014 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 3, 2011 CONGRESSIONAL RECORD — HOUSE H1535 say to the boss, Do me a favor, don’t family that you don’t deserve, you’re discourage work and they’re not going give me the penny bonus. Don’t give going to have to give it back. to try to earn as much income because me the $250 bonus. Don’t reward hard That’s what this bill does. It takes a they don’t want to go over that 400 perwork. Don’t reward me for doing good huge burden off our small businesses cent level, or they’re not going to par- work because if you give me the bonus they never should have had but our ticipate in a health insurance exchange I’m going to have to pay $4,460. Democrat friends put on them, and to begin with. We’ve got a score on Does that make any sense to you? then we’re going to ask people to repay that as well: that over 266,000 families What about making pay work? What money they should never have got that will choose not to participate in a about asking Americans to do their our Democrat friends allowed them to health insurance exchange for fear of jobs, to do them well; and if you do it get. This actually is a bipartisan bill. this hidden Republican tax trap that well, you’ll get a bonus, and you’ll get At the end of the day, watch the vote. we have before us today. ahead, and your families will be taken You’ll see so many people in this Con- And what’s ironic about this is this care of? gress saying it’s time to fix this. We’re insurance exchange that’s part of the Under this bill, this is a nightmare going to fix this mess today. Affordable Care Act is a bill that I and for the middle class families—a night- Mr. LEVIN. Mr. Speaker, before I others have worked on for years in a mare—because they’re not going to be yield to the gentleman from Wisconsin, bipartisan fashion, called the SHOP able to pay that. It totally subverts the I just want to say three quick things. Act. Republicans were in favor of cre- intention of what we tried to do in the It is such a misstatement for some- ating these health insurance ex- first place, and that is to provide one to come here and say ‘‘even if they changes, coupled with tax credits, so health care to the middle class. did not qualify.’’ That is not correct. that small businesses, family farmers, Mr. CAMP. I yield myself such time They qualified. So don’t come here and individuals, finally had a place where as I may consume. say they didn’t qualify. Essentially they could go and shop for affordable I appreciate that language: to get what you’re saying is middle income health care coverage with competing back to what they tried to do in the taxpayers came and defrauded when private health plans finally competing first place. Let’s look at what they did the truth is they told the truth. And for their business for a change, so that in the first place. indeed there’s a provision relating to they had the same type of leverage Their bill, their original bill, said fraud if someone were guilty of that. It that large corporations do. This has anyone who earned more than 400 per- allows for full repayment in cases of been proven in models and pilot cent of poverty—that’s $93,800 for a fraud, and there’s a provision that im- projects throughout the Nation that family of four—would be required to poses a civil penalty up to $25,000. have shown how effective these health repay the entire amount of the ex- The last thing before I yield, I want insurance exchanges work. change subsidy. That is exactly what to make clear, last December, we fixed, What they’re doing now with this this bill does. This bill does what the Mr. CAMP, the cliff. You voted for it. It legislation, with the offset that they’re original health care legislation did. was 409–2. I don’t think you were one of proposing, hitting the middle class, is Then they raised it, and said, well, if the ‘‘2.’’ This resurrects the cliff, pure- doing things to undermine, once again, you made up to $117,000 for a family of ly and simply, and catches hundreds of the health insurance exchanges and the four, you had to repay the entire sub- thousands of taxpayers in the future, ability for small businesses and indi- sidy. They had a cliff in their bill, and middle income taxpayers. viduals to go out and obtain affordable there is a cliff now. What we are saying I now yield 5 minutes to the distin- coverage. That’s unfortunate, but it’s is we need to see that the American guished gentleman from Wisconsin consistent with the zeal on the other taxpayer is protected. (Mr. KIND), an active member of our side of doing everything they can to With that, I yield 2 minutes to a dis- committee. undermine the Affordable Care Act, re- tinguished member of the Ways and (Mr. KIND asked and was given per- gardless of who it hurts, regardless of Means Committee, the gentleman from mission to revise and extend his re- the additional tax burden. Texas (Mr. BRADY). marks.) As my friend from Michigan indi- Mr. KIND. I thank the gentleman for cated, we fixed this problem last De- b 1110 yielding. cember in a bipartisan fashion, so in- Mr. BRADY of Texas. Mr. Speaker, I Mr. Speaker, I’m sure my good friend stead of creating a cliff, which was a want to follow on with what Chairman and colleague, the previous speaker mistake in the original bill, there CAMP made such an important point of from Texas, also realizes that this would be a gradual phaseout of these here. This new national takeover of money that they will owe on this hid- tax credits; so it wouldn’t be a hidden health care is just a mess in so many den tax is something they never see to tax trap as my Republican colleagues ways. Two of them we highlight today. begin with. This is a tax credit that are calling for today. One, our Democratic friends heaped a goes directly to the private health in- But at some point we’re going to huge new pay-for burden on our small surance companies. And this bill would have to come to grips that a lot of businesses that none of them frankly be better titled the Republican Tax what’s in the Affordable Care Act is can comply with. And then they create Trap of 2014, 2015, 2016, and on and on necessary and long overdue, not least a loophole where some people in Amer- and on, because that’s exactly what’s of which, and I think this is going to be ica can get taxpayer subsidies even if going to happen. There’s this hidden the key to health care reform and its they don’t qualify for them. tax trap that’s going to affect hundreds final verdict, is the ability for us to So let’s be clear. Today we are fixing of thousands of working class, middle change the way we pay for health care two huge Democratic messes that they class families through no fault of their in this country, changing the fee for made, and we’re going to fix them be- own. service that exists in Medicare today cause our small businesses can’t take I think my colleague and friend from to a fee for value or a quality-based re- more of this burden. Many of them are New York explained very succinctly imbursement system. We can start by barely hanging on as it is today. Sec- what would happen here with the cliff. doing that with Medicare, and the tools ondly, with these huge deficits, we If you’re at 400 percent poverty level, a are in place under health care reform can’t afford more fraud and abuse in family of four at roughly $88,000 a year, to do that. This will extend then to the our government system. So we apply a and you receive a little bit of extra in- private health insurance industry. pretty simple principle: if you get Fed- come, you receive a little bit of a bonus This, too, is a bipartisan issue. Newt eral money you don’t qualify for, that might put you just over the edge, Gingrich has been talking about it; Dr. you’re going to have to repay it. Not you’re going to be hit with a $4,600 tax Bill Frist; Tommy Thompson, my everyone. If you’re moderate income or liability at the end of the year. Now former Governor and former Secretary below, we understand you don’t have they’re not going to be in a position to of HHS, has been talking about chang- that money. But if you’re making high- deal with that. So either they’re going ing the reimbursement system in er than the national average, if you’re to have to find a way to come up with health care so we reward value and making $70,000, $80,000, $90,000 a year the money to pay the Republican tax quality and outcome of care as opposed and you got a subsidy from some other that they didn’t expect, or it’s going to to the volume-based payments which is

VerDate Mar 15 2010 01:13 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.016 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1536 CONGRESSIONAL RECORD — HOUSE March 3, 2011 literally bankrupting our Nation quality of care for all Americans but at your so-called Affordable Care Act today. Health care costs are the largest a much better bang for the buck for the kills business, kills small business. and fastest growing expense that we American taxpayer. That’s what we What does it do? It is based on the as- have at all levels, Federal, State and should be coming together on, rather sumption that everybody cheats. Why? local level, and for businesses and fam- than discouraging people from partici- Because the 1099 form is usually uti- ilies alike. It’s one of the reasons why pating in an exchange which will cre- lized for the purpose of making sure I’ve got folks in Wisconsin at each oth- ate true competition with these private you carry out your obligation to pay er’s throats right now talking about insurance companies, which again is payroll tax. public employee benefits, and the big- long overdue, and instead of offering But what did we do in the so-called gest cost driver in State budgets today this legislation today that sets up this Affordable Care Act? We increased the are rising health care costs. Republican tax trap for middle class reach of 1099s so that when you have no So why not embrace the reforms that working families who will be surprised obligation to pay anything, you have we have in health care reform that will at the end of the year because they put to report on the person on the other lead us to a value-based reimbursement in a little bit more time and they side of the business transaction; so system, which many people on a bipar- earned a little bit more income or they that they, supposedly, are cheating, tisan basis have been talking about for got that last-minute bonus from their and therefore we have what’s known as years. We were finally able to get those employees, and then suddenly they re- the universal snitch act. tools in place under the Affordable alize, oh, my God, we’re going to owe The idea that it’s going to gain $19 Care Act. We just can’t do it overnight. $4,600 because of what they’re doing billion, in my judgment, is created out You don’t change the way you pay for here today. of whole cloth. You have to assume one-fifth of the entire U.S. economy that almost everybody cheats to get b 1120 overnight. your $19 billion. We’ve got accountable care organiza- It’s outrageous. It’s unfair. There are And here’s the game here in Wash- tions, medical homes, bundling pro- better offsets. ington, D.C.: We create a new obliga- grams to incent value-based payments. And here’s an idea. The retired CEO tion on business that’s never existed But we also have the National Acad- of Chevron just this past week said: before. We then secretly put it in a emy of Sciences, the Institute of Medi- Hey, when oil is above 70 bucks a bar- bill—virtually no one on this floor cine, doing a 2-year study right now to rel, let’s stop the subsidies, let’s stop knew it was in the bill—and then we change the fee for service under Medi- the tax breaks. score it for gaining $19 billion to the care to a fee for value system and they This is a retired CEO of a major oil- Treasury. And if I dare come to this will present an actionable plan to the producing company that’s saying that floor to repeal it, I’m obligated to administration to implement it, which this is nonsense that we’re still wast- come up with $19 billion in new taxes gives us, I think, the best hope of ing so much money, around 50 billion or some sort of a spending cut? changing the outdated and perverse in- dollars per year by subsidizing Big Oil The American people ought to under- centive system that we have in the de- when oil is above 70 bucks a barrel. stand the game that’s played. In secret, livery of health care today. It’s leading Today, it’s over $100 a barrel. That we pass something like this, which has to overutilization in health care. And would be a more appropriate offset. an unbelievably pernicious effect on studies have shown that close to one I’m going to hand off to my friend business. Now, how does it have such out of every three health care dollars, from Oregon to pick it up at that an effect? It requires every single per- or about $800 billion a year, are going point. son involved in business or trade to go to tests and procedures that don’t Mr. CAMP. Mr. Speaker, I yield 4 into accounting to make sure that work. minutes to the distinguished chairman every time they reach that threshold of The SPEAKER pro tempore. The of the House Administration Com- $600 or more with anybody they pur- time of the gentleman has expired. mittee, the gentleman from California chase something from they have to file Mr. LEVIN. I yield the gentleman 2 (Mr. DANIEL E. LUNGREN). a 1099. additional minutes. Mr. DANIEL E. LUNGREN of Cali- Here’s what someone in my district Mr. KIND. One out of every three fornia. I thank the gentleman for yield- just emailed me, a small business per- health care dollars, or $800 billion we’re ing the time. son, a woman: spending a year that we’re not getting My name happens to appear on this ‘‘I have 15 employees. As owner, I am a good bang for the buck. It’s going to bill as the original author of this bill, the HR department, the bookkeeping tests and procedures that don’t work. H.R. 4. I remember when I introduced department, the administration depart- And because of the overutilization and this last April, Members on that side of ment, and still serve my customers the overtreatment that some patients the aisle were told by their leadership while surviving this economic climate. are receiving, they’re being left worse don’t dare go on this bill to repeal this It will be a tremendous burden, both in off, rather than better off. necessary provision of the Affordable time and dollars, to send out 1099s to That’s going to be the game-changer Care Act. all my vendors—appliance manufactur- when it comes to true fiscal responsi- By the way, if it is truly an afford- ers, parts distributors, other suppliers, bility in this place. It’s something that able care act, why has Secretary utility companies.’’ everyone’s been ducking. For the last Sebelius granted over 700 waivers to It is a job-killer provision. We couple of weeks we’ve been talking companies and unions? Because it’s not brought this H.R. 4 to the floor to get about this continuing resolution that affordable. Why has virtually every rid of a job-killer provision. only deals with 12 percent of the Fed- member of my constituency who has The other reason why it is a double- eral pie. Unfortunately it goes after health insurance had an increase in edged sword on small business is, if you the most vulnerable people in our soci- their premiums as a direct result of the want to minimize the number of 1099s ety, especially our kids’ education. Yet ‘‘Affordable Care Act’’? Just a passing that you file, you will not go to your we all know where the big money lies. question because I’m asked that all the local hardware store. You will not go It’s in the health care programs, Medi- time by my constituents. to your local restaurant. You will go to care and Medicaid. It’s in defense Why did I introduce this? Because the big box store. You will go to the spending. If we don’t get serious in provision 9006 of the bill has nothing to chain restaurant. And we are killing turning the cost curve around when it do with affordable care and has every- small business on this floor. comes to health care, then we’re just thing to do with the capacity of our The SPEAKER pro tempore. The fooling ourselves with everything else friends on the other side to find inge- time of the gentleman has expired. that we’re doing with the budget. nious ways of impacting business be- Mr. CAMP. I yield the gentleman an We’ve addressed that in the Afford- cause I guess business is considered additional 30 seconds. able Care Act with programs that are bad. Well, I’ve got an answer for you Mr. DANIEL E. LUNGREN of Cali- set up now and payment reform that is today to the question of who creates fornia. So I understand the sincerity of moving forward to change how we pay jobs. This is who creates jobs: small the other side of the aisle, of those who for health care so we can improve the business. And this particular section of are concerned about the middle class.

VerDate Mar 15 2010 02:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.019 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 3, 2011 CONGRESSIONAL RECORD — HOUSE H1537 Who do you think small business is? Would the gentleman proceed to ‘‘PolitiFact editors and reporters This is the middle class in my district state the point. have chosen ‘government takeover of and virtually every district across the Mr. DANIEL E. LUNGREN of Cali- health care’ as the 2010 Lie of the Year. country. These are the people who cre- fornia. I would make a point of order They chose it as the year’s most sig- ate jobs. You will put a dagger in their that the gentleman has made a per- nificant falsehood by an overwhelming side. And now you come up and argue sonal reference to me and then fol- margin. The label ‘government take- against passing this legislation because lowed that up by saying that what I over’ has no basis in reality, but in- you are concerned about the middle said was a lie. stead reflects a political dynamic class. The SPEAKER pro tempore. Is the where conservatives label any increase You are killing the middle class with gentleman demanding that words be in government authority in health care the provision in the health care reform taken down? as a ‘takeover.’ ’’ bill, so-called. What we are trying to do Mr. DANIEL E. LUNGREN of Cali- They point out: ‘‘The law that Con- is to get rid of that. We are trying help fornia. Not at this time, Mr. Speaker. gress passed, parts of which have al- the middle class. We are trying to help But I would ask that the Speaker ad- ready gone into effect, rely largely on the job creators. We are trying to help monish Members not to question the the free market. Employers will con- the people in our districts who don’t motivation of other Members in ref- tinue to provide health insurance to have jobs. erence to any debate that is taking the majority of Americans through pri- Don’t distract the debate on this job- place. vate insurance companies. Contrary to killer piece of legislation. Give us some The SPEAKER pro tempore. The gen- the claim, more people will get private relief, which is being called for all tleman from Oregon may proceed. health insurance. The government will around the country. Mr. BLUMENAUER. . . . not seize control of hospitals or nation- Mr. LEVIN. Mr. Speaker, before I Mr. DANIEL E. LUNGREN of Cali- alize doctors. The law does not include yield to Mr. BLUMENAUER, I yield 30 fornia. Mr. Speaker, I ask that the gen- a public option. It gives tax credits to seconds to the gentleman from New tleman’s words be taken down. people who have difficulty affording in- The SPEAKER pro tempore. The gen- York (Mr. CROWLEY). surance, so they can buy their coverage Mr. CROWLEY. I appreciate the com- tleman will suspend. The gentleman from private providers. It relies on a ments of my friend from California, from Oregon will take a seat. free market with regulations, not so- and I don’t question his motivation. The Clerk will report the words. cialized medicine. We have concluded it Mr. BLUMENAUER. I ask unanimous But I would suggest that if the assump- is inaccurate to call the plan a govern- consent, Mr. Speaker, to withdraw the tion is that we believe everyone cheats, ment takeover because it relies largely previous statement. I think that’s wrong. on the existing health system of cov- The SPEAKER pro tempore. Is there What I hear from the other side—not erage provided by employers.’’ objection to the request of the gen- from the gentleman from California, Mr. Speaker, part of what we’re see- tleman from Oregon? ing here, though, is this drama that is but generally from the other side—is There was no objection. that the belief is the middle class pulled out where talking points are re- The SPEAKER pro tempore. The gen- peated in an effort to obscure the facts cheats; the middle class cheats, and tleman from Oregon may proceed. that’s why we have to impose this upon going forward. The majority knows Mr. BLUMENAUER. I appreciate the that the Democrats have attempted to them. And I would use an example of a opportunity, because I want to be very middle class business man or woman. adjust the 1099. We don’t want it in clear about what I intended, what I there. We voted for fixes. It will be That business man or woman who files thought I said and I think a review of an individual fax tax form as a small fixed between the House and the Sen- the tape would reveal. I am not calling ate. business person no longer will have to anybody a liar. file the 1099 forms, but if they make What’s killing small business is the What I intended to say, and I will ask crushing burden of health care, where $88,000 a year and they are 397 per- unanimous consent to put in the they are trying to provide for their em- centile of Federal poverty and they RECORD, is that as we have repeated ployees. What is killing small business have an unexpected increase in income, talking points about a government is that they can’t compete with big they will be subject to the $4,460 middle takeover of health care, this has been business. They have a system that has class tax hike. judged by an independent journalistic provided a downward spiral. What’s Mr. LEVIN. Mr. Speaker, I yield 5 undertaking as the political lie of the providing the driving force for the gov- minutes to the gentleman from Oregon year. ernment deficit is increasing costs of (Mr. BLUMENAUER), a member of the Mr. DANIEL E. LUNGREN of Cali- providing health care, for example, Ways and Means Committee. fornia. Will the gentleman yield? through Medicare. This used to be an Mr. BLUMENAUER. Thank you, Mr. Mr. BLUMENAUER. I yield to the area of bipartisan cooperation. LEVIN, I appreciate that. gentleman from California. The Health Care Reform Act includes It’s a little interesting when we hear Mr. DANIEL E. LUNGREN of Cali- every significant area of reducing our friends come to the floor with the fornia. All I just want to make clear in health care costs as either a pilot or a same talking points. My good friend the RECORD, I never made a reference demonstration. It points a path to- from California talks about the govern- to the government takeover of health wards saving hundreds of billions of ment takeover of health care—which of care in my speech, and the gentleman dollars. Those used to be bipartisan. course PolitiFact called the 2010 polit- was errant in making a personal ref- The SPEAKER pro tempore. The ical lie of the year. erence to what I had just said. time of the gentleman has expired. Allowing 33 million additional Amer- Mr. BLUMENAUER. I apologize if Mr. LEVIN. I yield the gentleman 2 icans to have access to—— the person who said ‘‘government take- additional minutes. POINT OF ORDER over of health care’’ was not you. It is Mr. BLUMENAUER. Those used to be Mr. DANIEL E. LUNGREN of Cali- repeated so often by my Republican bipartisan; but instead of working with fornia. Point of order, Mr. Speaker. friends, including the Speaker of the us to refine and accelerate the provi- The SPEAKER pro tempore. State House, time and time again, that some- sions, people are trying to put sand in your point. times I get confused because it is a lit- the gears. And as my friends from Mr. DANIEL E. LUNGREN of Cali- any that is used. It is in fact, and I Michigan and from New York have fornia. The gentleman made a personal would ask unanimous consent, Mr. pointed out, there are going to be reference to me, stating that I made a Speaker, to put in the RECORD the some—we hope they are unintended statement on the floor, and then called PolitiFact article. victims—but there are going to be in- that the biggest lie of the year. Is that, The SPEAKER pro tempore. Without nocent victims, people in the middle in fact, an appropriate comment to be objection, it is so ordered. class and the near middle class who made on the floor during debate? Mr. BLUMENAUER. Because those don’t have the control of billionaire The SPEAKER pro tempore. The gen- words are still echoing in the Chamber. hedge funds to control their income. tleman from California has not stated It has been said by somebody on the There are things that can happen a point of order. other side of the aisle earlier: that will adjust it up or down. There

VerDate Mar 15 2010 01:13 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.021 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1538 CONGRESSIONAL RECORD — HOUSE March 3, 2011 will be a significant penalty. We have Said Jonathan Oberlander, a professor of vania, has debunked it several times, calling worked to fix that cliff. We’ve approved health policy at the University of North it one of the ‘‘whoppers’’ about health care it. We don’t need to reinstate the cliff, Carolina-Chapel Hill: ‘‘The label ‘govern- and saying the reform plan is neither ‘‘government-run’’ nor a ‘‘government takeover.’’ the tax on honest mistakes. As has ment takeover’ has no basis in reality, but instead reflects a political dynamic where We asked incoming House Speaker John been pointed out, there are provisions conservatives label any increase in govern- Boehner’s office why Republican leaders re- to deal with fraud. ment authority in health care as a ‘take- peat the phrase when it has repeatedly been This is part of the drip, drip, drip to over.’ ’’ shown to be incorrect. Michael Steel, Boehner’s spokesman, replied, ‘‘We believe try and undermine health care reform, AN INACCURATE CLAIM that the job-killing ObamaCare law will re- not accelerate it. It’s a part of mis- ‘‘Government takeover’’ conjures a Euro- representation politically that the sult in a government takeover of health pean approach where the government owns care. That’s why we have pledged to repeal American public frankly doesn’t de- the hospitals and the doctors are public em- it, and replace it with common-sense reforms serve. It’s a lost opportunity for us to ployees. But the law Congress passed, parts that actually lower costs.’’ reduce the deficit, improve health care, of which have already gone into effect, relies Analysts say health care reform is such a and lower costs. largely on the free market: complicated topic that it often cannot be Employers will continue to provide health summarized in snappy talking points. b 1150 insurance to the majority of Americans ‘‘If you’re going to tell the truth about This is very personal to people like through private insurance companies. something as complicated as health care and me. I come from an area of the country Contrary to the claim, more people will get health care reform, you probably need at private health coverage. The law sets up ‘‘ex- least four sentences,’’ said Maggie Mahar, that provides high-quality health care changes’’ where private insurers will com- author of Money-Driven Medicine: The Real at a low cost. My people are penalized. pete to provide coverage to people who don’t Reason Health Care Costs So Much. ‘‘You Health care reform is moving to try to have it. can’t do it in four words.’’ help people like that as we overall im- The government will not seize control of Mahar said the GOP simplification dis- prove health care around the country hospitals or nationalize doctors. torted the truth about the plan. ‘‘Doctors and protect the deficit. The law does not include the public option. will not be working for the government. Hos- I am sorry for any ambiguity or mis- a government-run insurance plan that would pitals will not be owned by the government,’’ have competed with private insurers. she said. ‘‘That’s what a government take- understanding from my comments, but The law gives tax credits to people who over of health care would mean, and that’s I am frustrated when I hear the Repub- have difficulty affording insurance, so they not at all what we’re doing.’’ lican side of the aisle continue to re- can buy their coverage from private pro- HOW THE LINE WAS USED peat this political lie of the year. It viders on the exchange. But here too, the ap- If you followed the health care debate or doesn’t help the debate, it doesn’t help proach relies on a free market with regula- the midterm election—even casually—it’s us move forward, and we are going to tions, not socialized medicine. likely you heard ‘‘government takeover’’ have to move forward to solve the PolitiFact reporters have studied the 906- many times. page bill and interviewed independent health problems of this country. PolitiFact sought to count how often the care experts. We have concluded it is inac- phrase was used in 2010 but found an accu- [From PolitiFact, Dec. 16, 2010] curate to call the plan a government take- rate tally was unfeasible because it had been POLITIFACT’S LIE OF THE YEAR: ‘A over because it relies largely on the existing repeated so frequently in so many places. It GOVERNMENT TAKEOVER OF HEALTH CARE’ system of health coverage provided by em- was used hundreds of times during the de- (By Bill Adair, Angie Drobnic Holan) ployers. bate over the bill and then revived during It’s true that the law does significantly in- In the spring of 2009, a Republican strate- the fall campaign. A few numbers: crease government regulation of health in- gist settled on a brilliant and powerful at- The phrase appears more than 90 times on surers. But it is, at its heart, a system that tack line for President Barack Obama’s am- Boehner’s website, GOPLeader.gov. relies on private companies and the free bitious plan to overhaul America’s health in- It was mentioned eight times in the 48- market. page Republican campaign platform ‘‘A surance system. Frank Luntz, a consultant Republicans who maintain the Democratic Pledge to America’’ as part of their plan to famous for his phraseology, urged GOP lead- plan is a government takeover say that char- ‘‘repeal and replace the government take- ers to call it a ‘‘government takeover.’’ acterization is justified because the plan in- over of health care.’’ ‘‘Takeovers are like coups,’’ Luntz wrote creases federal regulation and will require The Republican National Committee’s in a 28-page memo. ‘‘They both lead to dic- Americans to buy health insurance. website mentions a government takeover of tators and a loss of freedom.’’ But while those provisions are real, the health care more than 200 times. The line stuck. By the time the health care majority of Americans will continue to get Conservative groups and tea party organi- bill was headed toward passage in early 2010, coverage from private insurers. And it will zations joined the chorus. It was used by Obama and congressional Democrats had bring new business for the insurance indus- FreedomWorks, the Heritage Foundation and sanded down their program, dropping the try: People who don’t currently have cov- the Cato Institute. ‘‘public option’’ concept that was derided as erage will get it, for the most part, from pri- The phrase proliferated in the media even too much government intrusion. The law vate insurance companies. after Democrats dropped the public option. passed in March, with new regulations, but Consider some analogies about strict gov- In 2010 alone, ‘‘government takeover’’ was no government-run plan. ernment regulation. The Federal Aviation mentioned 28 times in the Washington Post, But as Republicans smelled serious oppor- Administration imposes detailed rules on 77 times in Politico and 79 times on CNN. A tunity in the midterm elections, they didn’t airlines. State laws require drivers to have review of TV transcripts showed ‘‘govern- let facts get in the way of a great punchline. car insurance. Regulators tell electric utili- ment takeover’’ was primarily used as a And few in the press challenged their fre- ties what they can charge. Yet that heavy catchy sound bite, not for discussions of pol- quent assertion that under Obama, the gov- regulation is not described as a government icy details. ernment was going to take over the health In most transcripts we examined, Repub- takeover. care industry. lican leaders used the phrase without being This year, PolitiFact analyzed five claims PolitiFact editors and reporters have cho- challenged by interviewers. For example, of a ‘‘government takeover of health care.’’ sen ‘‘government takeover of health care’’ as during Boehner’s Jan. 31 appearance on Meet Three were rated Pants on Fire, two were the 2010 Lie of the Year. Uttered by dozens of the Press, Boehner said it five times. But not rated False. politicians and pundits, it played an impor- once was he challenged about it. tant role in shaping public opinion about the CAN’T DO IT IN FOUR WORDS In rare cases when the point was ques- health care plan and was a significant factor Other news organizations have also said tioned, the GOP leader would recite various in the Democrats’ shellacking in the Novem- the claim is false. regulations found in the bill and insist that ber elections. Slate said ‘‘the proposed health care re- they constituted a takeover. But such Readers of PolitiFact, the St. Petersburg form does not take over the system in any followups were rare. Times’ independent fact-checking website, sense.’’ In a New York Times economics AN EFFECTIVE PHRASE also chose it as the year’s most significant blog, Princeton University professor Uwe Politicians and officials in the health care falsehood by an overwhelming margin. Reinhardt, an expert in health care econom- industry have been warning about a ‘‘govern- (Their second-place choice was Rep. Michele ics, said, ‘‘Yes, there would be a substantial ment takeover’’ for decades. Bachmann’s claim that Obama was going to government-mandated reorganization of this The phrase became widely used in the spend $200 million a day on a trip to India, a relatively small corner of the private health early 1990s when President Bill Clinton was falsity that still sprouts.) insurance market (that serves people who trying to pass health care legislation. Then, By selecting ‘‘government takeover’’ as have been buying individual policies). But as today, Democrats tried to debunk the pop- Lie of the Year, PolitiFact is not making a that hardly constitutes a government take- ular Republican refrain. judgment on whether the health care law is over of American health care.’’ When Obama proposed his health plan in good policy. FactCheck.org, an independent fact-check- the spring of 2009, Luntz, a Republican strat- The phrase is simply not true. ing group run by the University of Pennsyl- egist famous for his research on effective

VerDate Mar 15 2010 02:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.057 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 3, 2011 CONGRESSIONAL RECORD — HOUSE H1539 phrases, met with focus groups to determine provision, a burdensome provision on contractors. This type of third-party which messages would work best for the Re- small businesses that create jobs. If we reporting is meant to ensure those con- publicans. He did not respond to calls and e- wonder why we have a high unemploy- tractors report honestly to the IRS on mails from PolitiFact asking him to discuss ment rate, it is because of provisions the income they earn. the phrase. The 28-page memo he wrote after those ses- like this. A reminder, it is estimated that sions, ‘‘The Language of Healthcare 2009,’’ This 1099 provision was bad legisla- there is up to $300 billion a year of un- provides a rare glimpse into the art of find- tion from day one. The American peo- reported income in the United States. ing words and phrases that strike a respon- ple have made it clear they want this And before we get to some of the cuts sive chord with voters. law repealed. that have been proposed in this institu- The memo begins with ‘‘The 10 Rules for The President thinks it’s bad, Demo- tion, we ought to be focusing our at- Stopping the ‘Washington Takeover’ of crats think it’s bad, Republicans think tention on how we might collect that Healthcare.’’ Rule No. 4 says people ‘‘are it’s bad, even the Senate thinks it’s unreported and underreported income deathly afraid that a government takeover will lower their quality of care—so they are bad. It has taken long enough to move that is such an important part of the extremely receptive to the anti-Washington on this. Let’s do it. Let’s get it done. underground economy in the United approach. It’s not an economic issue. It’s a Further delay is unacceptable. States. bureaucratic issue.’’ Look, if we don’t repeal this now, You would think that that oppor- The memo is about salesmanship, not sub- businesses are going to assume more tunity would avail itself based upon stance. It doesn’t address whether the lines expenses. If we repeal it later, we con- the mindless process that took place are accurate. It just says they are effective tinue to delay this. here a couple of weeks ago where we and that Republicans should use them. In- They will incur expenses that, once it began with a series of 2-minute votes deed, facing a Democratic plan that actually relied on the free market to try to bring is repealed, they wouldn’t have had to over 2 days to cut very important ini- down costs, Luntz recommended sidestepping incur from the beginning. I am already tiatives that the American people have that inconvenient fact: hearing from many, many Louisiana come to rely on. And I would suggest ‘‘The arguments against the Democrats’’ businesses right now that want to to my friends on the other side of the healthcare plan must center around politi- grow, want to hire; and they are wor- aisle that they take note of that Wall cians, bureaucrats and Washington . . . not ried about this. They are already Street Journal poll this morning as to the free market, tax incentives or competi- spending money to prepare for this. what these cuts mean and how they are tion.’’ That’s why we need to take care of it Democrats tried to combat the barrage of going down with the American people. charges about a government takeover. The now. We want to create jobs, repeal In our committee markup, there was White House and House Speaker Nancy this provision now and let’s move for- a great deal of discussion about the Pelosi repeatedly put out statements, but ward. The American people want to see burden on small businesses that this they were drowned out by a disciplined GOP action on this from this Congress, and new reporting requirement imposes, that used the phrase over and over. they want to see it now. It’s important and I think that for the most part we Democrats could never agree on their own now to do it. are all in agreement that the burden phrases and were all over the map in their Americans are growing impatient. here may well outweigh the benefit. responses, said Howard Dean, former head of Small business owners are growing im- But let’s not ignore what we have the Democratic National Committee. ‘‘It was uncoordinated. Everyone had their patient. I ask that we repeal this provi- found out about tax evasion at our own idea,’’ Dean said in an interview with sion today. Repeal it now. markup. I asked Tom Barthold from PolitiFact. Mr. LEVIN. I yield myself 15 seconds. the Joint Committee on Taxation The Democrats are atrocious at mes- The gentleman who just spoke voted about his estimate that the reporting saging,’’ he said. ‘‘They’ve gotten worse ‘‘no’’ on repeal last July, as did the requirement would raise $22 billion in since I left, not better. It’s just appalling. gentleman from California who spoke revenue. Now, Tom Barthold is not a First of all, you don’t play defense when before him. You both had a chance to Democrat; he is not a Republican. He is you’re doing messaging, you play offense. vote ‘‘no,’’ and you failed to do so. You The Republicans have learned this well.’’ an economist who likes to give unjaded Dean grudgingly admires the Republican didn’t like a pay-for that closed a tax information to those of us who then wordsmith. ‘‘Frank Luntz has it right, he loophole. implement policy. just works for the wrong side. You give very I yield 5 minutes to the gentleman I asked him how much of this was tax simple catch phrases that encapsulate the from Massachusetts (Mr. NEAL), a dis- evasion, contractors underreporting in- philosophy of the bill.’’ tinguished member of the Ways and come and how much was the penalties A RESPONSIVE CHORD Means Committee. on those innocent third parties who got By March of this year, when Obama signed Mr. NEAL. I thank Mr. LEVIN for tripped up on the rules. He told us that the bill into law, 53 percent of respondents in yielding the time. almost all of it was due to tax avoid- a Bloomberg Poll said they agreed that ‘‘the Mr. Speaker, this provision came ance, tax evasion. current proposal to overhaul health care over from the Senate. As Mr. LEVIN has So without any hearings or debate amounts to a government takeover.’’ correctly noted, Members on this side about how to best capture that $22 bil- Exit polls showed the economy was the top issue for voters in the November election, of the aisle have already cast a vote to lion, we eliminated this reporting re- but analysts said the drumbeat about the repeal this measure. The difficulty quirement and would raise taxes on ‘‘government takeover’’ during the campaign that’s in front of us today is the man- middle-income families. helped cement the advantage for the Repub- ner in which this has been presented to I want to urge my friends on the licans. all of us. other side, before we travel down this Rep. Earl Blumenauer, an Oregon Demo- Now, we are going to hear a lot of path of cutting very important initia- crat whose provision for Medicare end-of-life conflicting opinions today about the tives for the American family—and I care was distorted into the charge of ‘‘death new taxes in this bill. Like everybody can’t wait till we have the first vote in panels’’ (last year’s Lie of the Year), said the Republicans’’ success with the phrase was a else here in this Chamber, I am opposed this institution up or down on Social matter of repetition. to raising taxes on the middle class. Security to see if the rhetoric really ‘‘There was a uniformity of Republican Hardly is that a leap of faith into un- matches the reality. Then I am hopeful messaging that was disconnected from chartered waters. We all share that that if we move to the discussion and facts,’’ Blumenauer said. ‘‘The sheer dis- common belief. debate on Medicare, we will see if the cipline . . . was breathtaking.’’ But the problem with the provision rhetoric matches the reality. Mr. CAMP. Mr. Speaker, I yield 2 that’s offered today is the disguised na- But I would hope that before we minutes to a distinguished member of ture of raising taxes on the middle move on this mindless trail of these the Ways and Means Committee, the class. Let’s get to the heart of this bill. proposed cuts that have taken place gentleman from Louisiana, Dr. It repeals a new reporting requirement over the last 3 weeks, that we might BOUSTANY. on small businesses. consider what to do about the whole Mr. BOUSTANY. Mr. Speaker, the This provision expanded a type of re- notion of tax evasion. I hope that those time to act on this provision is now. porting that already goes on where on the other side of the aisle would join Why? It’s very, very simple. It’s about businesses report to the Internal Rev- me in my efforts to ferret out tax jobs. It’s about removing an onerous enue Service on large payments sent to abuse.

VerDate Mar 15 2010 01:13 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.006 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1540 CONGRESSIONAL RECORD — HOUSE March 3, 2011 The SPEAKER pro tempore. The stated in a letter to my office: ‘‘This is whether they were estimating their in- time of the gentleman has expired. absurd. The small business men of this come accurately. They are estimating Mr. LEVIN. I yield 1 additional country have more paperwork than this income in the beginning of the minute to the gentleman. they can get done now.’’ year, but later in the year, they may Mr. NEAL. I have been on this issue While we have disagreed about the get a raise, they may get a promotion. for a career of what to do about Amer- full repeal of the health overhaul law, They may even get a job. And then ican companies that change their ad- the administration and many of my they could be hit with a huge repay- dress so that they become a citizen of colleagues on the other side of the aisle ment penalty for a simple mistake: a Bermuda to avoid American income have recently decided they strongly promotion or a new job. taxes, while there are hundreds of agree with Republican Members in The Joint Committee on Taxation es- thousands of American soldiers over- Congress that the 1099 reporting provi- timates that this deterrent effect seas, why our VA hospitals are going to sions should be repealed. However, a would increase the number of unin- be necessary for the 31,000 that have few weeks ago, we received the Presi- sured by 266,000 people. Let’s withdraw been wounded in honorable service to dent’s budget which would only repeal this pay-for and let’s get something this country, and why, before we pro- the 1099 requirement for goods but keep more reasonable. And under these cir- pose the cuts that we have proposed, it for services—a glaring contradiction cumstances, I cannot support the bill we are not after tax evasion the way to the President’s stated strong sup- in its present form today, although I that we should be. That ought to be port for the full repeal of this harmful certainly support the changes in the something that men and women of provision. 1099 reporting rules. good will in this institution all ought So I’m pleased that the House has Mr. CAMP. I yield 2 minutes to a dis- to be able to agree upon. chosen to move forward with the full tinguished member of the Ways and Mr. CAMP. Mr. Speaker, I yield 3 repeal of this unprecedented burden on Means Committee, the gentleman from minutes to a distinguished member of small business. Furthermore, if my col- Minnesota (Mr. PAULSEN). the Ways and Means Committee, the leagues on the other side of the aisle Mr. PAULSEN. I thank the chairman. gentleman from Nebraska (Mr. SMITH). are truly serious about reducing waste, Madam Speaker, I also rise in strong Mr. SMITH of Nebraska. Mr. Speak- fraud, and abuse in our health care sys- support of the legislation here today er, I truly believe that the best thing tem, then they, too, can support this that would repeal this burdensome 1099 measure with full voice, since it is paid that this Congress can do is focus on tax requirement contained in the new for by reducing overpayments of ex- jobs, making sure that someone might health care law. Failure to eliminate change subsidies. have access to health care through a this provision would result in vast In this economic environment, Con- job. But increasing the cost of doing amounts of new paperwork and addi- gress needs to be working to remove business certainly does not contribute tional accounting burdens for 30 mil- the barriers to job creation and finding to our effort to help create jobs. lion businesses that are still struggling ways to rein in the cost of health care, I rise in support of H.R. 4. Repealing in a very downbeat economy. the 1099 mandate would only help, and not imposing new government man- Now, while having gone virtually un- certainly in my district, family farm- dates to squeeze every dollar out of noticed in the context of the entire ers, ranchers, small businesses. small businesses. health care debate, this provision has Let me tell you briefly about a res- While we await action from the Sen- created quite a bit of concern for com- taurant owner, a small operation. ate on H.R. 2, the full repeal of this panies who are already facing increased health care overhaul, I urge my col- b 1200 regulatory compliance costs as they leagues to vote in support of H.R. 4 get ready for this new provision to He will go from four 1099s to over 200 today to fix one of the many flaws in take effect. 1099s, and that’s after spending $7,000 in the President’s health care law. Madam Speaker, almost every week I new software, Mr. Speaker. That cer- Mr. LEVIN. I yield 2 minutes to the get a chance to visit with a small busi- tainly provides opportunities for a mis- gentleman from California (Mr. WAX- ness back in Minnesota in my district; placed digit in an identification num- MAN), the ranking member of the En- and nearly every one of them has asked ber that will lead to the wrong person ergy and Commerce Committee. me in bewilderment and in complete being audited, Mr. Speaker. Mr. WAXMAN. Madam Speaker, disbelief why they would be required to And when we look at all the informa- there is widespread bipartisan agree- have to do this because of the amount tion given here, certainly it makes ment that the 1099 reporting rules need of time and the amount of energy it sense to recapture an overpayment of a revision. In fact, the agreement is so will take to comply with this new re- subsidy so that we can return to the widespread that I’m mystified why quirement. So now, if there’s a small people the opportunity to go out, cre- we’re having this debate. The Senate business owner and they want to go ate jobs and, in the end, ultimately passed a repeal of this policy earlier into a Target store and they purchase provide more health care for the Amer- this year on a bipartisan basis. The $600 worth of office supplies annually, ican people. House, last year, failed to pass a repeal they are now going to be required to Mr. LEVIN. I reserve the balance of of the provision only because of Repub- file a new 1099 form—not only with the my time. lican opposition. But now we all agree, IRS, but with the Target Corporation. Mr. CAMP. Mr. Speaker, I yield 2 let’s repeal it. It’s a waste of time, and time is money. minutes to a distinguished member of What’s the hang-up? The hang-up is We need to be thinking about how we the Ways and Means Committee, the the Republicans want to pay for this can help our Nation’s small businesses gentlewoman from Kansas (Ms. JEN- business tax cut on the backs of lower- get back on track by growing jobs and KINS). and middle-income families. This bill helping our economy move forward. Ms. JENKINS. I thank the gentleman would increase taxes by $25 billion in It’s not the way to do it by increasing for yielding. total on families earning less than more burdensome paperwork and bu- According to the President’s health $110,000. Families with incomes around reaucratic paperwork. We need to let care law, starting next year any busi- $90,000 per year could see increases in them be productive, to unleash their ness that purchases more than $600 taxes of $3,000, according to the Joint productivity, rather than filling out worth of goods or services from an- Committee on Taxation. unnecessary forms. other business is required to submit a This is a remarkable piece of legisla- Madam Speaker, I know, with the 1099 tax form to the Internal Revenue tion because it unwinds a near-unani- elimination of this onerous reporting Service. I’m a strong supporter of job mous agreement that we had last year. requirement, small businesses are now creation. However, I do not think This policy wouldn’t just increase going to be able to focus where they building more bureaucratic barriers for taxes. It would discourage enrollment should focus their resources: on grow- small business and creating additional in health plans in health exchanges. ing jobs and creating a better economy positions at the IRS is the kind of job Under the Republican proposal, peo- instead of processing additional paper- growth this country needs. As Alan ple who are eligible for tax credits work and navigating bureaucratic red Meyers, an electrician in my district, would have to think very hard as to tape.

VerDate Mar 15 2010 01:13 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.025 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 3, 2011 CONGRESSIONAL RECORD — HOUSE H1541 Mr. CAMP. Madam Speaker, I yield 2 because of the billions of dollars that This bill does three things: it reduces minutes to a distinguished member of would be lost by trying to get rid of it, the deficit; it protects our taxpayers the Ways and Means Committee, the we passed a law and it was rejected be- from waste; and it eases the burdens on gentleman from Nevada (Mr. HELLER). cause the majority party didn’t like small businesses who too often have to Mr. HELLER. I thank the chairman what we call the pay-for. Since that deal with government breathing down for yielding time. time, the pay-for has been passed into their necks and stifling their growth. If I’m an original cosponsor of H.R. 4 law, it has been accepted, and now we this provision were left untouched in and proudly voted for this measure in are trying to find a new one. the President’s health care law, small the House Ways and Means Committee I don’t know why in God’s heavens as businesses across the country would be last month. to why we couldn’t have sat down to buried in paperwork. Instead of grow- Madam Speaker, today’s debate find one, as long as we certainly wanting their businesses, advertising their marks the second time, over the course ed to avoid fraud on the taxpayer, and services and selling their products and of 3 months, that the House has taken work out something that is fair. I can’t hiring workers and growing our econ- the opportunity to discuss the disas- believe that the majority doesn’t be- omy, business owners would be stuck trous consequences the health care bill lieve that what we are trying to do is behind a desk filling out IRS forms. has and will continue to have on our to avoid having an unintended tax on Just this morning in the Wall Street economy. hardworking people. Journal, it was reported by a survey The House passed H.R. 2, which re- And so if this is going to hold it up that the small business owners are pealed the health care bill, with bipar- and cause us now to throw the baby out finding it more and more difficult to tisan support in January. Today we with the bath water, to have us reject- file their tax forms because of the oner- consider one of the many provisions of ing what we want to do, and that is to ous paperwork. It is unconscionable the bill that suppress economic recov- get rid of 1099 in its present form, I that the Democrat Congress paid for ery and job creation. The 1099 reporting think it is unfortunate. their massive spending on their health mandate will impose substantial paper- Now, I do recognize, Mr. Chairman care bill on the backs of American work and reporting burdens on an esti- and members of our distinguished com- small businesses; but today we’re going mittee, that political promises were mated 40 million entities, including to fix that. governments, nonprofits, and small made before the election. The question As a member of Ways and Means, I now has to be that even though there businesses. Instead of fostering job cre- am extremely proud to have seen this have been commitments by certain ation in the private sector—which is repeal bill take shape in our com- parties in the majority, that they have what our economy needs—the previous mittee. I am proud that we pay for this to provide savings through cutting, Congress has passed a provision that bill by protecting taxpayers instead of those two things should be somehow would direct precious time and re- demanding more money of them. By re- related. Every cut that we have in the sources to collecting volumes of infor- ducing waste, fraud, and abuse in the budget, whether it is the continuing mation and filling out mounds of new Democrats’ health care law, we pay for resolution or the budget of 2011 or 2010, paperwork for businesses all through- this 1099 repeal, which reduces the def- doesn’t mean that there is a savings. out this country. So telling the voters and our con- icit by $166 million in the first 10 years, Once the economic engine of this Na- stituents that we have slashed some- and by billions of dollars over the long tion, small businesses are now buckling thing out of the budget, it really goes run, while reducing the Federal spend- under the weight of onerous mandates beyond politics because never in the ing by nearly $200 billion over 10 years. and high taxes from a Federal Govern- discussions that I have had in the Ways This is a huge victory, but it marks ment that spends too much, taxes too and Means Committee with the major- the beginning of a new way that we are much, and borrows too much. As a re- ity or with the Democratic Caucus doing business here in Washington. sult, unemployment in Nevada has have we ever said: Are those people This new House majority will continue reached record highs that currently who are going to be helped or hurt to enact commonsense policy that does stand at nearly 15 percent. Democrats? Are those people Repub- not add to the debt or hide their true Efforts to repeal the 1099 provision licans? Or did we not say that we were costs with accounting gimmicks. enjoy bipartisan, bicameral support. sincerely trying to help all Americans The SPEAKER pro tempore (Mrs. I am pleased the House will pass H.R. to make certain they have affordable EMERSON). The time of the gentle- 4 as part of our commitment to allevi- health care. woman has expired. ate the burden the previous Congress For the majority not to want to cor- Mr. CAMP. I yield the gentlewoman placed on small businesses and Amer- rect whatever they think is wrong, but an additional 30 seconds. ican taxpayers. I remain committed to to make a campaign commitment they Mrs. BLACK. We can get government overturn the health care bill in its en- are going to eliminate the bill, elimi- working for the American people tirety. I support targeted legislation nate the President, and just make cer- today, and this is a good start. such as H.R. 4 to provide economic retain they have $100 billion in cuts, I Mr. LEVIN. I yield 3 minutes to the lief as soon as possible. think is really unfair to present these gentleman from New Jersey (Mr. PASCRELL), an active member of our b 1210 political problems to the American people. committee. Mr. LEVIN. It is now my pleasure to So I do hope that after we reject this, Mr. PASCRELL. Madam Speaker, yield 3 minutes to the distinguished not because the goal is not one that is you know, there is an old western song: gentleman from New York (Mr. RAN- bipartisan and with the support of the ‘‘I’m looking for love in all the wrong GEL). administration, but because how it is places.’’ Remember that song? It’s not (Mr. RANGEL asked and was given paid for is detrimental to the taxpayer, too old. Not too old. permission to revise and extend his re- whether he or she be Republican or We’re looking for revenue in all the marks.) Democrat. wrong places; not only in reference to Mr. RANGEL. Madam Speaker, I Mr. CAMP. At this time I yield 2 what we did in cutting indiscrimi- would have hoped that today we would minutes to a distinguished member of nately $60 billion which mostly affects have taken advantage of the fact that the Ways and Means Committee, the the middle class, and I think very dan- all of us want to get rid of a part of the gentlewoman from Tennessee (Mrs. gerously. So this provision was in the President’s affordable health bill that BLACK). health care bill which deals with bu- we believe has not reached the objec- Mrs. BLACK. Madam Speaker, I rise reaucracy at its worst, I would agree. tive that we wanted. Everybody, in- today enthusiastically supporting H.R. But in July of 2010, we voted with I cluding the President of the United 4, the 1099 repeal bill. This piece of leg- think only, correct me if I’m wrong, States, believes that 1099 in the present islation is a victory for common sense. two Republicans. We had a shot at this form should not be there. Republicans It is proof that the House is dedicated in the very beginning of mankind, and Democrats have voted to make cer- to getting the government off of the right, last summer, to vote against it. tain that it not be there. The last time backs of American small businesses I believe every Democrat voted against we attempted to correct it, we felt that and working for the people again. this provision, and two Republicans

VerDate Mar 15 2010 01:13 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.029 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1542 CONGRESSIONAL RECORD — HOUSE March 3, 2011 joined us, the gentleman from Lou- in all the wrong places. So let us be equity. This is about moving our econ- isiana on the opposition side—the hon- perfectly clear to the Members voting omy forward. This is about law-abiding orable opposition side—who is no on this legislation: citizens not becoming extensions of the longer with us, and I don’t know if he It’s not a subsidy. There is not only IRS. You’re either for them or against lost because he voted with us, and an- a definitional difference but a substan- them. I urge support of the bill. other gentleman from North Carolina tial difference between a subsidy and a Mr. LEVIN. I yield myself 15 seconds. who voted with us. We had a shot at tax credit. When you take away that The gentleman from Ohio mentioned this. We could have taken care of this tax credit from a middle class Amer- jobs, jobs, jobs. In a colloquial sense, last year, and you chose not to. So let’s ican who uses it when purchasing in- this bill would do a ‘‘job’’ on middle-in- set the record straight. surance, plain and simple, his taxes go come taxpayers. So here we are with this 1099 form. up. I now yield 3 minutes to a member of It’s going to take some time to fill it Mr. CAMP. I yield 3 minutes to a dis- our committee, the gentleman from out. We don’t like that bureaucracy. tinguished member of the Ways and Texas (Mr. DOGGETT). The thing comes down to, as Mr. WAX- Means Committee, the gentleman from Mr. DOGGETT. I thank the gen- MAN said, as Mr. NEAL said, how do you Ohio (Mr. TIBERI). tleman. pay for it? Mr. TIBERI. Thank you, Mr. Chair- I voted previously to repeal these Now beware, the distinguished chairman. 1099 reporting requirements. But for Madam Speaker, I rise in support of man for the Ways and Means Com- broad Republican opposition, these re- the underlying bill today, which goes a mittee, a Wall Street poll today, not quirements would have been repealed a long way toward job creation. the New York Times, not the Village long time ago. Jobs, jobs, jobs. We heard about that I was a little amused to hear one of Voice, not fill in the blanks, that poll in the November election. We heard shows that over 74 percent, I think, of our Republican colleagues actually say about the fact that small business own- this morning that he is bewildered as the American people, that’s us, believe ers, in particular, were going to be that we should eliminate tax credits to why there are all these requirements hampered by a provision, by actually on small businesses around the country for big oil and gas companies. two provisions: one provision in the So I’m sure now that the loyal oppo- as a result of this provision. I can cure health care bill that appears that ev- your bewilderment: Get a mirror out sition sees that poll in that newspaper, eryone now seems to be opposed to but that you will join us in putting to rest and look at the mirror. You will see that the majority voted for; and then the Republicans who voted against re- forever those folks who least need any another provision that appeared in a help from the government getting help pealing this provision last year. bill in September of 2010 that even No, this is not about repealing 1099. from the government. went further than the underlying pro- This is going to cost us $22 billion. It is about shifting the burden onto vision in the health care bill, which ap- working families while at the same Both sides agree that one of the great plied to folks who own rental property benefits of this country is economic time protecting insurance monopolies. or to someone who has a vacation Despite the vigorous, determined ef- mobility. home or to somebody who has retail The SPEAKER pro tempore. The forts of these Republicans to under- property that he’s leasing out or to mine every aspect of health insurance time of the gentleman has expired. somebody who is leasing out a room in reform, under current law, working Mr. LEVIN. I yield the gentleman an his home. Suddenly, now we’re going to families will receive an opportunity to additional 2 minutes. require them to 1099 folks as well. access health insurance. Each year, the b 1220 What an amazing provision that passed in September of 2010. The bill government will match some of what Mr. PASCRELL. I thank the gen- corrects that. The bill corrects both as- workers pay for their health insurance. tleman from Michigan. pects. The precise amount of the match is de- This bill punishes those who get I heard this over and over during my termined by how low a worker’s salary ahead by raising the tax liabilities on campaign. Think about this: Bob is. A minimum-wage worker would get families who have worked hard and Roach, an independent insurance a little more assistance than someone who may have gotten raises or pro- agent, goes out to Staples and buys who is at a little higher level. This bill motions. paper. He’s going to have to 1099 Sta- ensures that the health insurance com- For a family of four in my district, ples. He goes to a hardware store to fix panies will get to keep all of that Fed- the Eighth District of New Jersey— something in his office. He’s going to eral match, but it treats the working please visit us. We would love to have have to 1099 the hardware store. It goes families considerably differently. you, Mr. Chairman—who makes $80,000 on and on and on. When a law-abiding If you have an employee who really a year, it will mean the family will get small business owner—maybe a sole shows ability and who may have a fair- a 50 percent reduction on their pre- proprietor—now is being made the per- ly menial or mundane job but who does miums if they purchase health insur- son who has to go out and be an exten- it and does it with pride and does it ance in the marketplace—from the pri- sion of the IRS, it is truly amazing. well and if that employee excels and if vate sector, I might add. There is no Then the pay-for is requiring people the employer rewards him with a bonus government operation here. If they get who get more than they’re entitled to and recognizes that that employee is a raise, however, and move above the to pay it back—what a novel concept— really trying hard and then decides threshold, they pay back a reasonable with no penalties, no interest. Just pay we’re going to give you a little pro- amount now; but in this legislation, back something that they’re not enti- motion and that you’ll get a little under this bill, if they work a little tled to. more pay or, perhaps, as with so many harder and receive a financial benefit, Now, I was talking to my immigrant families around this country, that em- the family will be punished. They’ll be dad and immigrant mom about this. ployee decides ‘‘I’ll never make it for forced to repay the tax credit. My dad has a sixth grade education, my family on this. I’m going to moon- There is no answer to that question. and my mom has an eighth grade edu- light. I’m going to take an extra job,’’ It’s a fact of life. cation. They were, first of all, quite then under any of these developments This means that the family which surprised by the fact that a family of for the enterprising worker, the Repub- I’m talking about now will be hit with four, making $88,000 a year, would get a licans today propose a penalty, a tax a surprise—get this, Madam Speaker— subsidy. My mom and dad dreamed of on success. of an $11,200 tax bill. It’s a $20,000 pre- making $88,000. They never came close At the end of that year, after those mium. They make $80,000. It’s quite a to it—but they’re middle class, and law-abiding employees have properly hefty fee, I might add. Everything is they’re not looking for a subsidy, and estimated their income from those 12 wonderful with health care in the they certainly would pay it back if months earlier, if their pay has gone up United States right now, but you’re they got more than they were entitled a dollar over the level, they’ll get a going to have added on—because you to. steep penalty. They may have to pay made a few bucks more—$11,200. Unin- Madam Speaker, this is about fair- literally thousands of dollars back even tended consequences. Looking for love ness. This is about jobs. This is about though they only got a bonus of a few

VerDate Mar 15 2010 01:13 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.032 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 3, 2011 CONGRESSIONAL RECORD — HOUSE H1543 hundred dollars. They would owe the ering around 9 percent, the decision to The Patient Protection and Afford- value, perhaps, of the entire credit to repeal this mandate should be easy. We able Care Act’s 1099 reporting require- the IRS. desperately need economic renewal, we ment for small businesses will be, in What type of people are we talking need private sector job growth, and we the words of Nathan Andrews, vice about? need to eliminate the small business president of Morse Manufacturing, an If the law had been fully effective, as paperwork that’s in this mandate. It’s 88-year-old company in East Syracuse, I wish it had been this year, and if time to eliminate this onerous man- ‘‘a paperwork nightmare.’’ He further workers who were earning $43,560 got a date and allow business to get back to adds that the requirement will hamper bonus that took them up to $43,600, doing what they do best, and that’s cre- the ability of his company ‘‘to func- they would have owed the full amount ate American jobs. tion, grow, and create jobs.’’ of the credit at the end of the year. Mr. LEVIN. Madam Speaker, it is This mandate is really indicative of a $1,000 or perhaps $3,000 or $4,000 to a now my pleasure to yield 3 minutes to larger problem—the stranglehold that family as a penalty—as a tax on suc- the gentleman from Louisiana (Mr. regulations have on our country. And cess—is a big amount to that family. RICHMOND). while regulations are sometimes nec- The SPEAKER pro tempore. The Mr. RICHMOND. Thank you, Rank- essary and often well-intentioned, they time of the gentleman has expired. ing Member LEVIN. have been increasingly becoming an Mr. LEVIN. I yield the gentleman an Madam Speaker, I agree with the Re- obstacle to our success as a Nation. By additional 2 minutes. publican chorus that we’ve been hear- success, I mean creating an environ- Mr. DOGGETT. Understand the di- ing now for 2 days, which is let’s repeal ment where businesses can flourish, mensions of how big the burden is that this onerous provision of the 1099 re- providing jobs so that the American people can obtain health insurance they want to shift to working families: quirement. while still benefiting from the best According to their own report on this However, even as a freshman member of the Democratic Party, let me say, health care system in the world. bill, the total is almost $25 billion over Mr. LEVIN. Madam Speaker, how welcome to the party. The Democratic the next decade. We’re not talking much time is there on each side? about a small amount of money. We’re Party started this July 30 of last year The SPEAKER pro tempore. The gen- to try to repeal this onerous provision talking about a significant amount of tleman from Michigan (Mr. LEVIN) has money in this Republican penalty on and only 2 Republicans voted for it. 10 minutes remaining. The gentleman success. Two hundred thirty-nine Democrats from Michigan (Mr. CAMP) has 37 min- Why haven’t they been out here re- said, let’s do away with this. You’re utes remaining. sponding to this penalty on success? right. It’s putting a massive burden on Mr. LEVIN. I reserve the balance of They want to refer to these people as our small businesses. my time. ‘‘cheats.’’ But not only did you get to the party Mr. CAMP. At this time I yield 1 These people aren’t cheats. They’re 7 months late, you got it wrong. You minute to the gentleman from Mis- people who are the best of America, decided to dance with Big Oil and cor- sissippi (Mr. NUNNELEE). who are striving and working to get porations that you didn’t want to close Mr. NUNNELEE. Thank you, Mr. ahead, who then get penalized for their the tax loophole. So what’s the pay- Chairman. success. for? Well, the pay-for is to reach in the Madam Speaker, in a day when pockets of working class Americans America has been suffering for nearly 2 b 1230 and take $25 billion. Right now, there years from significant unemployment, They have no answer because there is are people that are at work, and we’re when nearly one in 10 of our neighbors no answer. We should have passed this here in D.C. and we’re going to take $25 is unemployed, it is our duty to do ev- bill last year and passed it by paying billion out of their pocket. We should erything we can to allow these employ- for it by closing international cor- be ashamed of ourselves. ers to focus on job creation. porate tax loopholes. Naturally they I join with my colleagues and my Today, we will vote to repeal the bur- resist that just as they resist any at- good friend from New York (Mr. CROW- densome 1099 provision included in tempt to control insurance monopolies. LEY) who on yesterday tried to have a ObamaCare. As pledged to the Amer- Vote ‘‘no’’ on this penalty for success discourse about is there a better way ican people, we will work to get this that would be imposed on our working to pay for it. No one would yield. No unpopular job-destroying law off the families. Vote against this piece of leg- one would take amendments. So I books. We voted to repeal it outright, islation. would just say as a new Member, what we voted to defund it, and today we Mr. CAMP. I yield 2 minutes to a dis- the American people want, when we begin the process of repealing it piece tinguished member of the Ways and agree on an idea, let’s repeal the 1099 by piece. In order to comply with this 1099 Means Committee, the gentleman from provision, they want us to get together mandate, businesses would have to North Dakota (Mr. BERG). and figure out how to do it. They want spend countless hours generating and Mr. BERG. Madam Speaker, I rise us to see if we can’t find some amend- today in firm support of eliminating receiving needless amounts of paper- ments, find some common ground, so work. Now I started a small business, the 1099 requirement that burdens so that we don’t have to penalize working and I know the rewards and challenges many of our small businesses and costs families. of entrepreneurship. And I can tell you jobs. And I would say what they don’t those challenges don’t need to involve Madam Speaker, if Congress is seri- want is for us to reach in their pocket, filing needless paperwork. ous about getting Americans back to penalize them for success and take $25 Last summer, when I visited Trisha’s work and our economy back on track, billion, when there are other ways to Day Spa in Grenada, Mississippi, and I the choice is clear. We need to repeal do it. But what we should do is get to- explained to Trisha Shankle the 1099 this mandate. This law forces Amer- gether and figure out a way to do it so requirements in ObamaCare, she said ican businesses deeper and deeper into that we can start moving this country that such a requirement would be dev- the bureaucratic Washington night- forward. astating to her business. That’s been mare for small business. And it takes Mr. CAMP. I yield 1 minute to the the conclusion reached in small busi- away from their core mission, which is gentlewoman from New York (Ms. nesses around America. to grow their business and create jobs. BUERKLE). Today, a huge burden will be lifted Small business is the core of North Ms. BUERKLE. Thank you, Mr. from the shoulders of small businesses, Dakota’s economy. Farmers, ranchers Chairman. and for that I am grateful. That’s why and small businessmen, they’re all bur- Madam Speaker, I rise in support of I’m proud to cosponsor this legislation dened by this mandate. And another H.R. 4, the Small Business Paperwork and why I will vote to repeal it. regulation is another expense that Elimination Act. Too often, Congress Mr. LEVIN. I continue to reserve the makes it even more difficult for them and the Federal Government pass and balance of my time. to do business. institute regulations without counting Mr. CAMP. I yield 1 minute to the This is commonsense legislation. the cost to America’s businesses, the gentleman from Colorado (Mr. GARD- With national unemployment still hov- lifeblood of our economic success. NER).

VerDate Mar 15 2010 01:13 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.042 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1544 CONGRESSIONAL RECORD — HOUSE March 3, 2011 Mr. GARDNER. Madam Speaker, I H.R. 4 repeals the onerous tax report- between 13 and 14 percent—and that’s rise today in support of H.R. 4, which ing provisions Democrats enacted last reported, there are a lot of people who would eliminate the 1099 mandate in- year to help pay for both their health have stopped reporting. I know we’re stituted by the President’s health care care law and the TARP 3 legislation. It not unique. The entire country is de- bill. I’ve spoken with countless con- also protects taxpayers by reducing pending on Congress to make job cre- stituents around the Fourth Congres- waste, fraud and abuse in the Demo- ation a serious priority. And by passing sional District of Colorado, not as Re- crats’ health care law. this bill today, we’re showing the peo- publicans, not as Democrats, but as Finally, this bill will reduce the def- ple of southwest Washington and business owners, as people who have icit by $166 million in the first 10 years across America that we’re taking them worked to build up their companies and by billions of dollars over the long very seriously. from scratch into successful opportuni- run, while reducing Federal spending As I meet with small business owners ties for themselves and their families. by nearly $20 billion over the next 10 in my district, they express two major They oppose the 1099 provisions of the years. sentiments to me over and over again: health care bill, not because they’re During a time when the unemploy- Fear and uncertainty. They’re afraid Republicans, not because they’re ment rate is at or above 9 percent, ad- and uncertain about what this govern- Democrats, but because they know it ditional government mandates on ment is going to do to them next. What would cause grave impact on their small businesses is, from the stand- I would like to do today is eliminate businesses and their ability to continue point of economic policy, nothing short the uncertainty around this 1099 man- to thrive and grow and hire new people. of idiotic. We should be looking for date. Small businesses from across my Madam Speaker, they are speaking ways to free small businesses and com- district continue to ask me for more as the voice of this country’s busi- panies from unnecessary burdens. We predictability from their government nesses, the backbone of our economy. If should be looking for ways to encour- when it comes to regulations and we are going to create jobs in this age entrepreneurship. Instead, we have taxes. Instead of fear, increased bu- country to move our country forward, mandates that impose new obstacles reaucracy or higher costs, I’m com- then we have got to do it starting by for companies. We should be seeking mitted to providing them with that the repealing of the 1099 provisions. ways to restart the engine of job predictability. A bill passed last Congress in the growth. By voting to repeal the 1099 paper- 111th Congress, it doesn’t matter the Let me be clear that I accept the work mandate today we do two things: day or the time, but what passed was a proposition that every person and First, we take an immediate step that bill where people said, ‘‘We need to every business entity has both a moral will provide regulatory relief to the pass the bill to know what’s in the and legal obligation to fully report clinic in Tumwater and the restaurant bill.’’ People read the bill. They know their taxable income. The fundamental in Vancouver. Second, we send a signal what’s in the bill. problem with the new 1099 reporting re- to America that Congress is changing In Weld County a businessman is quirement is that they are imposed on the way it views small businesses. going to spend 40 hours a month to a broad universe of small business tax- They aren’t piggybanks, allowed to comply with these provisions. payers that annually conduct more exist only to foot the bill on terribly The SPEAKER pro tempore. The than $600 of transactions with other ill-conceived and unaffordable govern- time of the gentleman has expired. vendors. ment programs. Mr. CAMP. I yield the gentleman an The new filing requirements are both The SPEAKER pro tempore. The additional 30 seconds. burdensome as well as overinclusive. time of the gentlewoman has expired. Mr. GARDNER. In Larimer County, a The SPEAKER pro tempore. The Mr. CAMP. I yield the gentlewoman 1 manufacturing company is going to time of the gentleman has expired. additional minute. have to hire new people to comply with Mr. CAMP. I yield the gentleman an Ms. HERRERA BEUTLER. Today the provisions of this act. Is that the additional 30 seconds. this new Congress lets small businesses kind of job creation this body is look- Mr. WEST. Madam Speaker, let us know that we see them as the heart ing for? remember that even during the State and soul of what makes this country b 1240 of the Union Address, the President great, as entrepreneurs that can grow Let’s create penalties on business gave his support to repeal this onerous, and thrive and succeed as far as their and hope that it drives the economy? burdensome, and misguided mandate. hard work can take them. That’s the That’s not right. Mr. LEVIN. Madam Speaker, I con- job creation plan that has worked for Madam Speaker, today I urge the tinue to reserve my time. this country for the last two centuries, passage of H.R. 4, with both Repub- Mr. CAMP. Madam Speaker, I yield 2 and I’m confident it’s the plan that licans and Democrats standing up to minutes to the gentlewoman from will put folks in southwest Washington fight for businesses in this country to Washington (Ms. HERRERA BEUTLER). and across our country back to work. get our economy moving forward Ms. HERRERA BEUTLER. Madam Mr. LEVIN. Madam Speaker, I yield again. Speaker, today I come to the floor in myself 1 minute. Mr. LEVIN. Madam Speaker, I re- support of this legislation because One of the speakers on the majority serve the balance of my time. business owners in southwest Wash- side said that this was an effort to re- Mr. CAMP. Madam Speaker, I yield 2 ington sent me here to clear the run- peal health care piece by piece. That is minutes to the gentleman from Florida way for them to start growing and hir- clearly their misguided motivation. (Mr. WEST). ing more people. Here what they’re trying to do is on Mr. WEST. Madam Speaker, I stand In my district, I know a restaurant the backs of the middle class of Amer- here to support H.R. 4 for the repeal of owner in Vancouver and a doctor who ica. They don’t defend the pay-for ex- the 1099 bill. runs a small practice in Tumwater who cept by misrepresentation. At a time when business owners are simply don’t have the resources to A tax increase is a tax increase is a trying to survive in a sea of economic comply with the expanded 1099 man- tax increase on the middle class, on the turmoil, our government has thrown date. I would rather have them focus- middle class, on the middle class. them an anchor instead of a life pre- ing on opening a new franchise or offer- I now yield the balance of my time to server. Democrats have borrowed and ing services to patients—basically the gentleman from New York (Mr. spent $1 trillion of their stimulus pro- being successful entrepreneurs—than CROWLEY). gram, and the unemployment rate has spending time reacting to the moun- The SPEAKER pro tempore. The gen- remained stuck at or above 9 percent tains of new paperwork they’re going tleman from New York is recognized for nearly 2 years. Our focus must be to owe the IRS. for up to 9 minutes. on measures that will actually help My entire region in southwest Wash- Mr. CROWLEY. I thank the gen- American workers and allow employers ington has been suffering under double- tleman from Michigan for his yielding to focus on job creation. H.R. 4 will digit unemployment for multiple me the balance of the time. protect small businesses, their work- years. In my district’s largest county, I want to thank all my colleagues for ers, and American taxpayers. Clark County, the jobless rate hovers coming to the floor today to defend the

VerDate Mar 15 2010 01:31 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.036 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 3, 2011 CONGRESSIONAL RECORD — HOUSE H1545 middle class of this country. We all be- marks on the floor this morning and go over their income levels. They get lieve—and I think both Democrats and this afternoon—not a single one has re- the money. They walk away. Wipe Republicans, it’s been evident here futed or in any way questioned the ex- their hands of it. They’re taken care of. today, all believe—that the 1099 provi- ample I’ve given. You have not refuted But it’s the poor family that inad- sions need to be repealed. We recognize that example, which can only bring one vertently, unbeknownst to themselves, that. to conclude that the example I have goes over the limit, and they go over We, too, want to help small business. given is indeed correct. I don’t want it the cliff. And when they go over the We recognize that small business is the to be correct, but indeed it is correct. cliff, it’s at the tune of nearly $5,000 backbone of employment opportunity And if it is correct, it means a tax, a that they would have to repay. in our country. And that effort has tax on the middle class—one that they Instead of rewarding success—which I been bipartisan, it has been bipartisan cannot afford, especially during these hear from my Republican colleagues in the Senate, but not here. It’s be- difficult times. We don’t know when all the time, ‘‘We need to reward suc- cause we don’t like the pay-for provi- these tough times—when they will ever cess’’—we’re not doing it in this in- sion that my Republican colleagues are end for the middle class. stance. What we are doing is we are proposing and putting forward in this And I think it’s shameful the way in taxing success, as my friend from Wis- legislation because we believe that which the middle class has been char- consin pointed out. We are taxing suc- they switch the burden from the small acterized on the floor, That somehow cess. business man and woman and they they are the folks that cheat the sys- Often I hear about from my friends place it on the backs of the working tem, that they’re the ones that can’t be on the other side we need to encourage class in this country. trusted. We’re not talking about the people to work hard, work harder, We want to work in a bipartisan way. rich. We can trust the rich. We know don’t worry about the clock. Don’t We believe we can work together and that. worry about the clock. Work harder, come up with a solution. Now I have to And I don’t like class warfare, but get ahead. And we should not be stop- be honest, no one on the other side has you know what? The truth is we’ve let ping that. asked me for a compromise solution, it the people at the highest percent get But here is a perfect example—and hasn’t happened. We passed this bill off with no shared sacrifice whatsoever. it’s not coming from this side of the out of committee about 11⁄2 weeks ago, No sacrifice. Go on living your lives. aisle; it’s coming from that side of the almost 2 weeks ago, and still no one We’ll have two wars, you know, we’ll aisle—of we’re saying, you know what? has said JOE, do you have an idea? We increase the deficit. But don’t worry. Maybe you shouldn’t work so hard. have a couple of good ideas over here You all go on living your lives in man- Maybe you should pay attention to the I’d be willing to share with my col- sions and don’t worry about the rest of clock. Maybe you should make sure leagues on the other side, but that the country because it really won’t af- that when you file you’re not tripping hasn’t happened as of yet. I’m sorry fect you in the end. You’ll always sur- yourself up and unfortunately discour- this hasn’t happened because I thought vive. You can always hire a police force aging that family from getting health with this new Congress we would have to protect you. If you need health care, insurance because they’re afraid they’ll more bipartisanship, and unfortunately you can buy a doctor. If you need the owe a new tax of nearly $5,000. that hasn’t developed as of yet, at least garbage picked up, well, you know, And I agree with my friend from Wis- as it pertains to this bill. sanitation won’t pick it up anymore, consin again, this is nothing more than I’d also like to note that we’re going but you can pay someone and they will a Republican tax trap. It is a trap to on our third month here in the House cart it away. They’re living in a glass the middle class. It’s a trap to them. of Representatives, and quite frankly I house. It’s disparaging. And it’s unfortunate can’t see much of what we’ve done. I But the middle class, who are strug- that my colleagues have placed it in can’t say we’ve done much of anything, gling so much, who are looking for this light that somehow we’re reducing quite frankly. I can say that if you add some breaks, looking for an oppor- or eliminating the burden for one up the total, we’ve imposed upon the tunity to afford health care for them- group of workers and placing them on American people an additional $80 bil- selves and for their families—health the backs of the middle class worker. lion in taxes in different various ways, care. They just want to be on an even I don’t begrudge the small business- the latest of which will be this $25 bil- plane somewhat of everyone else if men and women. I was one myself be- lion that we’re going to impose upon they can afford health care. fore I came to Congress. I know the the middle class if this bill passes And the Federal Government is not burdens. I understand the bills. I un- today and somehow becomes law. This giving a handout. This is not a subsidy. derstand what comes in. But please bill, if enacted, will be a massive in- This is not welfare. These are tax cred- don’t remove the burden from the crease of tax on the middle class. its, like the college tax credit that small businessman and woman and I gave an example earlier today—it many of our constituents afford them- place that on the backs of middle class must have been about 2 hours ago—of a selves of. Like the child tax credit that taxpayers. That’s what you’re doing. family of four earning $88,000, approxi- many of our constituents afford them- If you vote for this bill, you will vote mately 397 percent of the Federal pov- selves of. It’s a tax credit to help them to increase taxes on the middle class. erty level. afford health insurance for their fami- Don’t kid yourselves. A tax on the mid- lies. And they never touch the money. dle class. b 1250 It would be one thing if you said to Mr. CAMP. Madam Speaker, I yield And I mentioned if the breadwinner me they got $5,000 in vouchers and they myself the balance of my time. I can of the family, if the husband or his wife took the money and they went off and assure the Speaker that I will not be or either of the spouses is the bread- they bought plane tickets to Hawaii for using all of the balance of my time. winner in that family, and they get a the family for that year, or they took There has been a lot of rhetoric bonus of $250, I said before that they’ve the money and they bought a new car, today, and as this debate winds down done great work. They’re management or they took the money and they and as we prepare to vote on this legis- material. It’s kind of laughable. bought furniture for their house. You lation, I urge my colleagues to look at ‘‘Here’s $250. Go out and buy the family know, that’s scamming the system. the facts. a steak dinner.’’ That is wrong. That we don’t promote. I think many of the arguments we’ve That $250 would bump them up to But they never touch the money. The heard from the other side ignore re- $88,250 which would place them at 401 money goes to the insurance company. ality. It ignores the reality of their percentile of the Federal poverty level, You know, the insurance companies own legislation—legislation that and it would expose that middle class who desperately need that money, they they’ve passed. It ignores the reality of family because of their $250 bonus to get the money. They’re covered. their own votes. $4,460. They’re fine. We don’t ask them to be Under the health care bill, you put Not one, not a single Member of the the watchdogs. We don’t ask them to cliffs in the bill, if we want to talk majority—and we’ve had over 19 Mem- make sure the families are in compli- about cliffs. There are levels where bers of the majority testify or give re- ance, make sure they’re not going to people need to pay back the entire

VerDate Mar 15 2010 01:31 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.039 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1546 CONGRESSIONAL RECORD — HOUSE March 3, 2011 amount of the subsidy they receive. In This Congress, I am a cosponsor of the Small Today we have the opportunity to correct the original bill, that was at 400 per- Business Tax Relief Act of 2011, which would the mistakes of the past. H.R. 4 allows this cent of poverty. That is the level that repeal the 1099 reporting requirement. Congress to stand up for small businesses is no legislation we see today. Later in H.R. 4 would change the subsidies and re- and hard-working taxpayers by eliminating December, when you wanted to address payment obligations of the tax credits avail- what is obviously a job destroying regulation. the doctor fix, you just moved that able for people with incomes below 400 per- By removing the 1099 reporting requirement, level up to 500 percent of poverty. cent of poverty to assist with the cost of ob- we will free businesses from time-consuming There is still a cliff in the bill. There taining affordable health insurance. This would paperwork so that they may grow and help our was a cliff in the original bill. There is be a massive tax increase on the middle economy recover. We all hear from our con- a cliff now. class. stituents, ‘‘Where are the jobs?’’ By supporting Also, this idea that repaying a sub- These tax credits will help low and middle this legislation, we can show the American sidy to which one is not entitled is income individuals and families pay insurance people that we are serious about creating a somehow a new concept was in the premiums. The credits are available for those business environment that promotes job original health care legislation. It still individuals and families—up to 400 percent of growth and prosperity. is in the original health care legisla- the poverty line and cap the family’s share of I applaud the gentleman from California for tion. We just believe we need to take health insurance premiums at 9.5 percent of recognizing early on the negative impact this further steps to protect the taxpayers. adjusted gross income. regulation will have on small businesses. I en- And I would also say that if you look This bill would force people to pay back bil- courage my colleagues in the Senate to con- at the legislation, there is on page 123 lions of dollars in tax credits they received to sider this legislation quickly so we can bring a subpart (b) eligibility determination obtain affordable health insurance. Since the certainty to American businesses and avoid where applicants apply for the subsidy, tax credits go directly to the health insurance the obvious complications that the 1099 re- and they’re required to report certain company, individuals and families who had porting requirement presents. things. But they’re also required under small fluctuations in their income would have Mr. VAN HOLLEN. Madam Speaker, as I this section to report changes in cir- to pay back money that they never received. have done before, I rise today in strong sup- cumstances. That obligation is on the For example, under this legislation a family of port of eliminating the 1099 paperwork re- taxpayer, on the person seeking the four earning $88,000 a year would have to quirement on small businesses. In fact, I subsidy. And that is in their legisla- pay $4,640 that they never received if the would remind my colleagues on the other side tion, and we think that’s an important family got an unexpected $250 year-end of the aisle that the only reason we are here concept to protect. bonus. today—the main reason this is still an issue at In a time where we want to create jobs, this Let’s stick with the facts. The fact is all—is because House Republicans opposed bill would penalize individuals who found a the increased tax reporting require- eliminating this provision when the Small Busi- new job or got promoted. This bill harms aver- ments enacted last year will hurt our age working Americans who cannot obtain in- ness Tax Relief Act of 2010 was brought to ability to create jobs. The 1099 provi- surance through their employers—the exact the floor of the House in July of last year. sion hurts our ability to create jobs in So this issue isn’t new, and it really isn’t a people we should be helping. this country. I agree that this reporting requirement question of whether there is bipartisan agree- Fact, the unemployment rate has should be repealed. That is why I am a co- ment to repeal this onerous requirement. been stuck at or above 9 percent for sponsor of the Small Business Tax Relief Act There is. The question is how you pay for it. nearly 2 years, and this Congress owes of 2011. That bill would repeal the 1099 re- And that’s where today’s bill goes astray. We it to the American people to do every- porting requirement, but does not increase can and should repeal the 1099 reporting re- thing it can to help small businesses, taxes on the middle class. quirement. But we should not do it on the job creators, and workers get back on Today, we have a chance to vote against in- backs of middle class Americans buying their feet. creasing taxes for hard working Americans. I health insurance for their families who are Fact, repealing the 1099 provision is a urge my colleagues to vote no on this piece of playing by the rules and complying with the top priority of small businesses, and legislation. law. And I would point out that the law they’re that’s why we have over 225 organiza- Mr. SENSENBRENNER. Madam Speaker, I complying with received a near unanimous tions supporting this legislation, in- rise today in support of the Small Business vote of 409–2 this past December. cluding the Nation’s largest small busi- Paperwork Mandate Elimination Act, as I be- I stand ready and willing to work with my ness organization, the NFIB. lieve it serves as a critical step in the ongoing colleagues on both sides of the aisle to find an And, fact, this bill is a tax cut and a process of preventing last year’s health care acceptable way to pay for this repeal before spending cut, and that’s why it has the law from destroying American jobs. We cannot the requirement takes effect in 2012. But I support of groups like the Americans ignore the cries from businesses around the strongly believe that effort should focus on for Tax Reform, the National Taxpayer country that the 1099 reporting requirement is ending any of the myriad loopholes and un- Union and Americans for Prosperity. an unnecessary burden that will cost jobs. justified subsidies in current law before impos- Madam Speaker, I urge my col- In a time when our economy is struggling to ing an effective tax increase on the middle leagues to vote for this bill so small emerge from one of the worst recessions in class. business can get back to what they do generations, we must work to free small busi- Ms. HAYWORTH. Madam Speaker, yester- best: creating jobs. nesses from onerous regulatory burdens. We day morning I received a letter from a con- I yield back the balance of my time. cannot afford to promote policies that use stituent, Seth Arluck of New Hampton, NY. Mr. HOLT. Madam Speaker, I rise in opposi- needless paperwork as a means to strangle Seth’s three-generation family business was tion to H.R. 4, the Small Business Paperwork growth and prosperity. The 1099 reporting re- hit hard by the housing market crash. The Mandate Elimination Act of 2011. quirement on transactions greater than $600 1099 rule in the Affordable Care Act, Seth I regret that the authors of this legislation was included in the health care overhaul with- says, ‘‘would place a disproportionate burden have taken such a thoughtless approach. We out consideration of the individuals, families, on my very small lumber yard. . .I do not could have had before us today a bill that and small businesses that would suffer as a need an additional and unnecessary expense would repeal any unnecessary and burden- result. By devoting more resources to comply that serves no apparent purpose.’’ some paperwork that is at issue here and we with this new requirement, we are preventing He adds that the penalty for 1099 non-com- could have done it without putting burden on businesses from doing what is essential: cre- pliance, to fund small-business lending, adds ordinary families. ating jobs. insult to injury: ‘‘How clever, fine the heck out This bill would repeal a reporting require- But the disregard for small businesses did of me, and loan me the money to pay fines.’’ ment that would require business owners to not stop there. Last fall, the 1099 reporting re- Madam Speaker, this is no way to treat the provide an IRS form 1099 to all vendors with quirement was expanded to include rental engine of growth for America. Instead of in- whom they pay $600 or more annually for property expense payments. Instead of recog- vesting in adapting to his clients’ needs in their services. nizing the disastrous effect of this new require- changing times, Seth Arluck will now have to I agree that this reporting requirement ment, there were those in the last Congress spend precious time and money on paper- should be repealed. In fact, I voted to repeal who decided it was a good idea to expand it. work. this requirement last year. Unfortunately, the Now we are left with even more taxpayers The bill we must pass today is an important bill attracted only two Republican votes and who will suffer the consequences of an al- step toward curing the ill effects of the Afford- failed to pass the House on July 30, 2010. ready misguided regulation. able Care Act. The Senate has already acted

VerDate Mar 15 2010 01:31 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\K03MR7.041 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 3, 2011 CONGRESSIONAL RECORD — HOUSE H1547 and I call on President Obama not to delay voted on H.R. 5982, the Small Business Tax mitted to the interests of small businesses and helping Seth, and so many other of our Na- Relief Act. Unfortunately, all but two Repub- farmers, protecting them from burdens which tion’s job creators put Americans back to licans voted against that bill. That bill, like to- restrict their growth. I urge all of my col- work. day’s bill, would eliminate the 1099 provision. leagues to vote in favor of repealing the ex- MARCH 2, 2011. Unlike today’s bill, however, it paid for the panded 1099 requirement. Hon. NAN HAYWORTH, $24.9 billion cost of repeal in a very, very dif- Ms. EDDIE BERNICE JOHNSON of Texas. LHOB, ferent manner. Madam Speaker, I voted against the H.R. 4, Washington, DC. H.R. 5982, the Democratic approach, would the ‘‘Small Business Paperwork Mandate DEAR DR. HAYWORTH: I am very concerned have paid for reform by eliminating tax loop- Elimination Act of 2011’’ commonly known as about the 1099 reporting provision in the healthcare bill passed in the 111th Congress. holes that allow corporations to ship jobs over- ‘‘the 1099 provision’’. I would like to submit a This requirement, to issue a 1099 for each seas. It would have solved the problem while statement for the RECORD to clarify my posi- business to business expenditure over $600, also eliminating incentives to locate operations tion on this issue. would place a disproportionate burden on my overseas. Creating American jobs should be Forms 1099 have been used by the IRS for very small business. I am the third genera- our number one priority, and H.R. 5982 would decades to better track income. The rules tion of my family to operate this retail lum- have helped us do that. would have required businesses to file Form ber yard in Orange County. Our sales and H.R. 4, the Republican approach, doesn’t 1099 with the IRS to report payments made to revenues, so dependent on the housing and close corporate offshoring loopholes. Instead, home improvement sectors, have seriously corporations for goods and certain services to declined since 2008. We have gone from seven it puts the $24.9 billion cost of repealing the help the IRS collect taxes that are legally to four employees including myself and my 1099 reporting requirements squarely on the owed, and in turn, keep taxes lower for all tax- brother; our part time bookkeeper was one of backs of middle-class families. It undermines payers. the staff reductions. the entire approach of the Affordable Care Although I support the measure in principle, Last year we wrote 600 checks for pur- Act—to help individuals and families obtain af- I do believe this type of reporting keeps track chases other than payroll. We have about 150 fordable, quality health care—by imposing of what businesses owe the federal govern- vendors in our accounts payable. Although many of our purchases are with recurring taxes on those who receive assistance to help ment in taxes and close any loopholes for any vendors, there are many one time purchases pay premiums and cost-sharing requirements. misreporting. In fact, during the 111th Con- which exceed $600: repairs to vehicles and Under the Republican bill, individuals and gress, a repeal bill was approved by the equipment, replacement of computer and of- families who are eligible to get assistance at Democratic House that would close tax loop- fice equipment, one time advertising ex- the beginning of the year are subject to tax- holes for companies that ship jobs overseas penses, dues to business organizations, an- ation if they are fortunate enough to get a and protected people from any tax increases nual insurance premiums, and sundry ex- raise or a better job by the end of the year. with incomes below 400 percent of the federal penses. How many 1099’s would I have to Even if they are a few dollars over the eligi- produce? 50, 75, 100? I know that it would ex- poverty level (approximately $88,000 for a ceed the three that are done now for interest bility limit, the Joint Committee on Taxation family of four) from having to pay back the and rent. I am now the bookkeeper; do I at- estimates that they could be subject to taxes IRS their tax credit if they saw a change in in- tempt this challenge or pay my accountant up to $6,000 under H.R. 4. The assistance, by come. or another outsource. I have forgone many the way, is given directly to the insurance The Republican 1099 repeal removes this paychecks in the last two years, I do not company but the tax penalty would come di- protection. So, if a family earning $88,000 a need an additional and unnecessary expense rectly out of the pockets of families. year gets a $250 Christmas bonus, and be- that serves no apparent purpose. The Republican bill not only would impose Another aspect of this requirement is the cause of it, are bumped up to 401 percent of need to obtain each vendor’s Federal I.D. or harsh penalties on middle-class families, it the federal poverty level, this family would be Social Security number in order to legally would also undermine the second principle of required to refund to the IRS the entire tax comply with 1099 reporting. That means that the Affordable Care Act: to expand coverage. credit of $4,640—out of their own pockets. if a business has any chance of cumulatively Again according to the Joint Committee on As a Senior Member of Congress who exceeding the $600 threshold, the SSN or EIN Taxation, it would take away coverage from proudly represents a vibrant small business has to be asked for in advance. In these 266,000 Americans who would no longer take sector, I know firsthand the value of small times of rampant identity theft, there will insurance because of concerns that they could businesses in north Texas. I remain committed be many refusals to furnish these ID num- potentially be required to pay substantial taxes bers. Failure to correctly report a l099 re- to improving tax administration and enhancing sults in fines. As if that was not daunting the following year. voluntary tax compliance without making the enough, the previous Congress passed HR I wish I could vote today to repeal the 1099 middle class pay. 5297 last September, The Small Business reporting requirements, just as I voted to re- I look forward to working collaboratively with Jobs Act, which increased the penalty for peal them last year. I cannot, however, solve the small business community to improve the 1099 non-compliance from $50 to $250 per vio- the burden on small businesses by imposing a ability of small businesses to meet their tax lation. The increase in fines was to help fund burden on middle-class families, particularly obligations. small business lending. How clever, fine the when we have so many better choices to pay Mr. STARK. Madam Speaker, the debate heck out of me, and loan me the money to for repeal. we’re having today has nothing to do with repay fines. Thank you 111th Congress. And what justifies this new layer of regula- Mr. REED. Madam Speaker, I rise today to pealing the 1099 provision. Like every Demo- tion? The apparent belief that business is in- support H.R. 4, the Small Business Paperwork crat here who was in Congress last year, I’ve herently untrustworthy and cheating the Mandate Elimination Act of 2011. The ex- already voted to do that. U.S. Government of it’s rightful tax reve- panded reporting requirements to the Internal We brought forth a bill last year to repeal nues? Is it the need to find any alleged rev- Revenue Service are mandated by the health the 1099 provision and paid for it by closing enue source, no matter how unsavory, to care reform act of 2010 on any purchase tax loopholes that encourage businesses to fund Obamacare? No thank you. made $600 or more. This provision would di- move jobs overseas and other loopholes that Please repeal the 1099 provision now. Sincerely, rectly impede economic growth in the 29th promote tax avoidance. Even though that bill SETH N. ARLUCK, District of New York. At a time of great uncer- was endorsed by NFIB, all but two of our Re- President, tainty, the economic recovery in the 29th Dis- publican colleagues voted no because they New Hampton Lumber Co. Inc., trict continues to lag behind the rest of the na- preferred to protect big business over small New Hampton, NY. tion. This burdensome mandate must be elimi- businesses. Ms. SCHAKOWSKY. Madam Speaker, I rise nated and I proudly support the repeal for the Because of Republican opposition last year, in opposition to H.R. 4, the Small Business sake of our small businesses and farmers. we’re here again considering legislation to re- Paperwork Mandate Elimination Act of 2011. Further, we must act to ensure that ‘‘red- peal the 1099 provision. Unfortunately, our We all agree that the 1099 reporting re- tape’’ measures and over-reaching regulations Republican colleagues have taken an area of quirements added by the Senate to the Afford- do not continue. If we are going to reduce agreement and rejected bipartisanship by able Care Act need to go. That is not in ques- government spending, it starts with repealing choosing to tax middle class families. That’s tion. None of us wants to burden small busi- unnecessary requirements, such as the 1099 right, this Republican bill is a $25 billion mid- ness men and women with unreasonable re- requirement. This provision of the health care dle class tax increase. porting burdens. All of us are committed to reform law contributes to the bloating of the The Affordable Care Act provides tax credits eliminating this requirement. Federal Government and must be repealed. to make health coverage affordable to those In fact, we could have and should have As we move forward towards returning fiscal with lower and middle incomes. These tax solved this problem last year, when the House prosperity to our nation, I will remain com- credits are provided in advance and then are

VerDate Mar 15 2010 02:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\CR\FM\A03MR7.016 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1548 CONGRESSIONAL RECORD — HOUSE March 3, 2011 reconciled at the end of the year. In this bill Mr. GRAVES of Missouri. Madam Speaker, provision added by the Patient Protection and today, Republicans are trying to raise $25 bil- our nation’s small businesses create 7 of Affordable Care Act that extends to corpora- lion by putting middle class families on the every ten 10 new jobs. They represent 99.7 tions that are not tax-exempt, the requirement hook for massive tax increases when they rec- percent of all employer firms, and employ 97.5 to report payments of $600 or more. oncile those payments. The Joint Committee percent of all identifiable exporters. They are However, I must say that while I strongly on Taxation estimates that this Republican bill the entrepreneurs that can lead us out of the support providing relief to America’s small will raise taxes on middle class families in this economic downturn. We are depending on businesses and I absolutely support the land- income category by an average of $3,000. them to reinvigorate our economy. But the fact mark Patient Protection and Affordable Care Many families would be liable for much higher is, Washington has not provided them with an Act, I deeply regret that yet again we have tax increases. environment in which they can thrive. had a closed rule regarding the full consider- The President has announced his strong op- At House Small Business Committee hear- ation and making of useful, meaningful position to this financing mechanism. Con- ings, owners of small firms have told us week amendments to H.R. 4. When the Republican sumer Advocates have also spoken out in op- after week that they want Washington to get majority came into this Congress they prom- position. These groups include Families USA, out of the way so they can do what they do ised an open and transparent process. This is Community Catalyst, SEIU and the Center on best: create jobs and help move our economy not open and transparent. It does not provide Budget and Policy Priorities. forward. But Washington keeps piling on man- the assistance to America’s small businesses All of us want to resolve this 1099 problem. dates that hold them back. The expanded that my colleagues on the other side of the But to do so on the backs of middle income 1099 information reporting requirement is a aisle would like us to believe and in fact, fur- working Americans is flat out wrong. I urge my perfect example. ther burdens small businesses. colleagues to join me in voting no on this bill At one of our recent hearings, a small man- If we had a truly open process, we could today so that we can come together and find ufacturer from North Carolina said, ‘‘The ex- have all worked together in a bi-partisan man- a way to finance 1099 repeal that doesn’t panded 1099 reporting requirement included in ner to provide real relief to America’s middle gouge the middle class. the healthcare law is a good example of the class and small businesses instead of the tax Mr. CANTOR. Madam Speaker, last Novem- kind of misguided policy that works against the increase we are being asked to heap onto ber, Americans sent a clear message of defi- interest of small businesses. Tax filing is never their backs today. ance to the status quo. They saw that govern- a task small business owners look forward to, The simple fact is that H.R. 4 Would In- ment was spending taxpayer money recklessly but making filing more burdensome only crease Taxes on Middle Class and Raises the and making it harder for our job creators to drains resources from already struggling com- Number of Uninsured. put Americans back to work—and they voted panies.’’ Few industries have been as affected It is not good for the people of the 18th con- for something better. by the economic downturn as home builders. gressional district of Texas, it is not good for House Republicans have responded by A small home builder from Kentucky said, the State of Texas, and it is not good for the doing everything in our power to foster an en- ‘‘. . . [T]here will be significant costs involved United States of America. vironment where businesses can expand, in- to track, aggregate and report required trans- H.R. 4 Increases Taxes on the Middle vestors can invest, and hard work can be re- actions.’’ Class. H.R. 4 would force many middle-in- warded. That means cutting excessive spend- Madam Speaker, at a time when we should come Americans to pay higher taxes. Simply ing and burdensome regulations and growing be making it easier to create jobs and promote by accepting a better job, picking up extra private-sector jobs and the economy. shifts or receiving a holiday bonus, these fami- Today we are cleaning up the mess result- economic growth, small businesses don’t need lies would have to pay the IRS the value of ing from oppressive new 1099 requirements. another costly and burdensome mandate. I Tucked into Obamacare and a so-called thank Chairman CAMP for his work in advanc- their health premium tax credits, jeopardizing small business bill last year, these regulations ing this important legislation to the House their financial security. threaten to wreak havoc upon small busi- Floor, and recognize Chairman LUNGREN for H.R. 4 Creates a Steep Cliff that will Penal- nesses. They have become a symbol of the his leadership on this issue. I ask my col- ize the Middle Class. It would eliminate protec- unanticipated pitfalls of big government and leagues to support H.R. 4. tions for families with income between 400 partisan legislative procedure. Mr. DINGELL. Madam Speaker, I rise in op- and 500 percent of poverty ($88,000 to In this challenging climate, businesses position to H.R. 4, the Small Business Paper- $110,000 for a family of four). That means if should be able to focus on staying profitable work Mandate Elimination Act. I want to say a family’s actual annual income was even one and looking for opportunities to grow. Instead on record, however, that I support repeal of dollar above 400 percent of poverty, they they are being asked to divert precious time the Affordable Care Act’s 1099 mandate. This could have to pay the IRS the entire value of and resources to satisfy yet another layer of onerous paperwork requirement was included their health insurance premium tax credits. Ac- red tape from Washington. in the act at the insistence of our colleagues cording to the Joint Committee on Taxation, By repealing these ill-conceived require- in the other body, and not by us in the House. the average payment for a family between 400 ments, we take a big step toward putting The 1099 mandate should be repealed, but and 450 percent of poverty will go up by America back on a growth footing. We reaffirm it must be done in a fiscally responsible man- $3,000 due to the Republican policy, for a that this Congress will no longer finance the ner than does not harm working families, who total of $6,000 or more in payments to the expansion of government on the backs of our struggle every day to cope with the effects of IRS. small businesses, America’s economic engine. the current recession. The bill we are pres- H.R. 4 Undoes the Bipartisan Agreement on The United States is the creative capital of ently considering passes the cost of the 1099 Health Care. While there has been conten- the world. We have the most innovative entre- repeal on to middle class Americans by ensur- tious disagreement about health reform, the preneurs and the most determined and resil- ing that more of them will be subject to in- structure of the repayment caps is one of the ient workforce. creased taxes. Moreover, H.R. 4 will reduce few health reform issues with strong bipartisan Our businesses and our people have proven the number of Americans with health coverage agreement. The House fixed the problem of a that they can out-innovate and out-compete by over a quarter-million, according to the steep cliff if one’s income increased to 400 any country in the world. But they can’t do it Joint Committee on Taxation. percent of poverty by a bipartisan vote of 409– if Washington keeps making it harder for Madam Speaker, H.R. 4 is a poor com- 2 last December—and it was signed into law. them. And they can’t do it if they are plagued promise, reminiscent of the legislative travesty H.R. 4 undoes that bipartisan agreement so by fears of excessive regulation, higher taxes foisted on the American people last December that Republicans can increase taxes on the and inflation. when Senate Republicans insisted unemploy- middle class—those between 400 and 500 Our job as legislators is to create oppor- ment benefits come at the price of tax cuts for percent of poverty—by $25 billion. tunity—to restore the principle that everyone in the rich. I call on my colleagues to oppose this H.R. 4 Leads to an Increase in the Number America has a fair shot. bill and instead work to find more responsible of Uninsured. According to the Joint Com- That’s why it is imperative that we cut need- ways to pay for the repeal of the 1099 man- mittee on Taxation, the Republican proposal less regulation and bring spending down to date, such as closing foreign tax loopholes will cause an increase in the uninsured of sustainable levels. And that’s why it is incum- and eliminating tax breaks for oil companies. 266,000. Over a quarter of a million individuals bent upon us to support this legislation to Ms. JACKSON LEE of Texas. Madam will no longer receive health insurance out of make sure small businesses aren’t bogged Speaker, I rise today in opposition to H.R. 4, fear that they will be forced to pay substantial down in needless paperwork so that they can the Small Business Paperwork Elimination Act amounts to the IRS at tax time. grow and create jobs. I urge my colleagues to of 2011. The stated purpose of this is to H.R. 4 Disproportionately Hurts Families Liv- support H.R. 4. amend the Internal Revenue Code to repeal a ing in High Premium Areas. Families who

VerDate Mar 15 2010 01:31 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 9920 E:\CR\FM\A03MR7.020 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 3, 2011 CONGRESSIONAL RECORD — HOUSE H1549 have to pay the IRS the value of their health The bill was ordered to be engrossed (4) Section 25B(g)(2) of such Code is amend- premium tax credits will have to pay even and read a third time, and was read the ed by inserting ‘‘25E,’’ after ‘‘25D,’’. more if they live in parts of the country that third time. (5) Sections 25D(c)(1)(B) and 25D(c)(2)(A) of such Code are both amended by inserting have higher premiums due to circumstances in MOTION TO RECOMMIT ‘‘and section 25E’’ after ‘‘this section’’. the local market. Mr. MCNERNEY. Madam Speaker, I (6) Section 26(a)(1) of such Code is amended So, I urge my colleagues to join me in op- have a motion to recommit at the by inserting ‘‘25E,’’ after ‘‘25D,’’. posing this bill and supporting true bipartisan desk. (7) Section 30(c)(2)(B)(ii) of such Code is relief for America’s middle class and small The SPEAKER pro tempore. Is the amended by inserting ‘‘25E,’’ after ‘‘25D,’’. businesses. gentleman opposed to the bill? (8) Section 30B(g)(2)(B)(ii) of such Code is amended by inserting ‘‘25E,’’ after ‘‘25D,’’. Mr. MARINO. Madam Speaker, I rise today Mr. MCNERNEY. I am opposed in its (9) Section 30D(c)(2)(B)(ii) of such Code is in strong support of H.R. 4, the Small Busi- current form. ness Paperwork Mandate Elimination Act of amended by striking ‘‘sections 23 and 25D’’ Mr. CAMP. Madam Speaker, I reserve and inserting ‘‘sections 23, 25D, and 25E’’. 2011. This legislation would repeal one of a point of order. (10) Section 1400C(d) of such Code is amend- many burdensome requirements being im- The SPEAKER pro tempore. A point ed by inserting ‘‘25E,’’ after ‘‘25D,’’ both posed on Americans, especially the job cre- of order is reserved. places it appears. ators, by the health care law passed last year. The Clerk will report the motion to (c) CLERICAL AMENDMENT.—The table of This 1099 mandate highlights the problem with recommit. sections for subpart A of part IV of sub- ignoring the voice of the American people and The Clerk read as follows: chapter A of chapter 1 of such Code is passing a ‘‘bill so you can find out what is in amended by inserting after the item relating Mr. McNerney moves to recommit the bill to section 25D the following new item: it.’’ H.R. 4 to the Committee on Ways and Means Small business owners from Northeastern with instructions to report the same back to ‘‘Sec. 25E. Credit for taxpayers subject to a Pennsylvania have found out what was in the the House forthwith with the following tax increase under the Small amendment: Business Paperwork Mandate health care bill and they are not happy: Elimination Act of 2011.’’. Small business owner, Arthur Borden of Add at the end of the bill the following new sections: (d) EFFECTIVE DATE.—The amendments Lewisburg, states, ‘‘It’s hard to believe that made by this section shall apply to taxable elected representatives of our people could be SEC. 5. NONREFUNDABLE PERSONAL CREDIT FOR TAXPAYERS SUBJECT TO A TAX years beginning after December 31, 2013. so irresponsible to allow such a ridiculous pro- INCREASE UNDER THE SMALL BUSI- SEC. 6. INCOME ATTRIBUTABLE TO DOMESTIC vision as the 1099 mandate included in the re- NESS PAPERWORK MANDATE ELIMI- PRODUCTION ACTIVITIES. cently passed health care law. As the owner NATION ACT OF 2011. (a) IN GENERAL.—Subparagraph (B) of sec- of a small business which is already overbur- (a) IN GENERAL.—Subpart A of part IV of tion 199(c)(4) of the Internal Revenue Code of dened by rules, regulations, and rolls of red subchapter A of chapter 1 of the Internal 1986 is amended by striking ‘‘and’’ at the end Revenue Code of 1986 is amended by inserting of clause (ii), by striking the period at the tape, I am appalled and frightened by the after section 25D the following new section: prospects of what such an ill conceived law end of clause (iii) and inserting ‘‘, and’’, and ‘‘SEC. 25E. CREDIT FOR TAXPAYERS SUBJECT TO by inserting after clause (iii) the following will do.’’ A TAX INCREASE UNDER THE SMALL new clause: Small business owner, Bruce Brown of BUSINESS PAPERWORK MANDATE ‘‘(iv) in the case of a major integrated oil Clarks Summit, states, ‘‘Businesses are al- ELIMINATION ACT OF 2011. company (as defined in section 167(h)(5)), the ready overburdened with tax paperwork and ‘‘(a) IN GENERAL.—In the case of an indi- production, refining, processing, transpor- reporting requirements, so the additional re- vidual, there shall be allowed as a credit tation, or distribution of oil, gas, or any pri- against the tax imposed by this chapter for mary product thereof.’’. quirements included in the PPACA will only in- the taxable year an amount equal to the ex- (b) EFFECTIVE DATE.—The amendment crease the cost and complexity of complying cess (if any) of— with the tax code.’’ made by subsection (a) shall apply to taxable ‘‘(1) the regular tax liability of the tax- years beginning after December 31, 2014. Small business owner, Thomas Musser of payer for the taxable year, over ‘‘(2) the regular tax liability of the tax- SEC. 7. MAJOR INTEGRATED OIL COMPANIES IN- Mifflinburg, simply states, ‘‘I do not support the ELIGIBLE FOR LAST-IN, FIRST-OUT 1099 tax reporting requirement.’’ payer for the taxable year, determined by ap- METHOD OF INVENTORY. plying section 36B(f)(2) (as in effect on the The Pennsylvania based business net- (a) IN GENERAL.—Section 471 of the Inter- working organization, SMC Business Councils, day before the date of the enactment of this nal Revenue Code of 1986 is amended by re- released a survey of its member businesses section) in lieu of section 36B(f)(2) (as in ef- designating subsection (c) as subsection (d) fect on the day after the date of the enact- which found that their members file roughly 10 and by inserting after subsection (b) the fol- ment of this section). lowing new subsection: forms per year; under the new requirement ‘‘(b) CARRYFORWARD OF UNUSED CREDIT.— ‘‘(c) MAJOR INTEGRATED OIL COMPANIES IN- from the health care law, the members esti- ‘‘(1) RULE FOR YEARS IN WHICH ALL PER- ELIGIBLE FOR LAST-IN, FIRST-OUT METHOD.— mated that would jump to more than 200 a SONAL CREDITS ALLOWED AGAINST REGULAR In the case of a major integrated oil com- year. The new costs associated with com- AND ALTERNATIVE MINIMUM TAX.—In the case pany (as defined in section 167(h)(5)(B))— plying with this mandate would cripple small of a taxable year to which section 26(a)(2) ap- ‘‘(1) the last-in, first-out method of deter- businesses across my district and the Com- plies, if the credit allowable under sub- mining inventories shall in no event be monwealth. section (a) exceeds the limitation imposed by treated as clearly reflecting income, and section 26(a)(2) for such taxable year reduced ‘‘(2) sections 472 and 473 shall not apply.’’. I join with my constituents and all small by the sum of the credits allowable under (b) EFFECTIVE DATE.— business owners throughout the nation in sup- this subpart (other than this section), such port of repealing the onerous 1099 reporting (1) IN GENERAL.—The amendments made by excess shall be carried to the succeeding tax- this section shall apply to taxable years be- requirement. Furthermore, this debate is yet able year and added to the credit allowable ginning after December 31, 2014. under subsection (a) for such succeeding tax- another reminder as to why we need to repeal (2) CHANGE IN METHOD OF ACCOUNTING.—In the jobs-destroying health care bill and begin able year. the case of any taxpayer required by the the process of methodically and thoughtfully ‘‘(2) RULE FOR OTHER YEARS.—In the case of amendments made by this section to change reforming the health care system in an open a taxable year to which section 26(a)(2) does its method of accounting for its first taxable not apply, if the credit allowable under sub- and transparent manner, taking into account year beginning after December 31, 2014— section (a) exceeds the limitation imposed by (A) such change shall be treated as initi- viewpoints from both sides of the aisle. Most section 26(a)(1) for such taxable year reduced importantly though, we must take into account ated by the taxpayer, by the sum of the credits allowable under (B) such change shall be treated as made the voice of the American people. This was this subpart (other than this section), such with the consent of the Secretary of the omitted from the process a year ago, and excess shall be carried to the succeeding tax- Treasury, and today we begin process of cleaning up the able year and added to the credit allowable (C) if the net amount of the adjustments mess that occurs when this omission happens. under subsection (a) for such succeeding tax- required to be taken into account by the taxable year.’’. 1300 payer under section 481 of the Internal Rev- b (b) CONFORMING AMENDMENTS.— enue Code of 1986 is positive, such amount The SPEAKER pro tempore. Pursu- (1) Section 24(b)(3)(B) of such Code is shall be taken into account over a period of ant to House Resolution 129, the pre- amended by inserting ‘‘25E,’’ after ‘‘25D,’’. 8 years beginning with such first taxable (2) Section 25(e)(1)(C) of such Code is year. vious question is ordered on the bill, as amended by inserting ‘‘25E,’’ after ‘‘25D,’’ amended. both places it appears. Mr. MCNERNEY (during the reading). The question is on the engrossment (3) Section 25A(i)(5)(B) of such Code is Madam Speaker, I ask unanimous con- and third reading of the bill. amended by inserting ‘‘25E,’’ after ‘‘25D,’’. sent to dispense with the reading.

VerDate Mar 15 2010 01:31 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.025 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1550 CONGRESSIONAL RECORD — HOUSE March 3, 2011 The SPEAKER pro tempore. Is there Mr. MCNERNEY. This motion to re- Oil companies have earned record objection to the request of the gen- commit addresses the pay-for in the profits over the last few years, and it’s tleman from California? bill. just unacceptable for them to take ad- Mr. CAMP. I object. The SPEAKER pro tempore. The gen- vantage of the special loopholes when The SPEAKER pro tempore. Objec- tleman from California may proceed. the middle class is struggling. tion is heard. Mr. MCNERNEY. Madam Speaker, I Mr. CAMP. Madam Speaker, the gen- The Clerk will continue to read. am a former small business owner, and tleman is not addressing the point of Mr. MCNERNEY (during the reading). while I strongly supported our efforts order. Madam Speaker, once again I ask to reform the health care—— The SPEAKER pro tempore. The gen- unanimous consent to dispense with Mr. CAMP. Madam Speaker, regular tleman from California has not spoken the reading. order. The gentleman is not addressing directly to the procedural question of The SPEAKER pro tempore. Is there the point of order. order. The Chair will now recognize objection to the request of the gen- The SPEAKER pro tempore. The other Members. tleman from California? Chair will hear the gentleman from The Chair recognizes the gentleman Mr. CAMP. I object. California. from New York. The SPEAKER pro tempore. Objec- Mr. LEVIN. I urge the gentleman Mr. CROWLEY. Thank you for allow- tion is heard. from Michigan to let him—— ing me to address the point of order. The Clerk will continue to read. Mr. CAMP. Regular order, Madam Madam Speaker, the rules of the House give a modicum of support to POINT OF ORDER Speaker. the minority to offer motions to ad- Mr. CAMP. Madam Speaker, I insist The SPEAKER pro tempore. Mem- dress a different point of view on legis- on my point of order. bers will suspend. lation, albeit in the form of a motion I make a point of order against the The Chair recognizes the gentleman to recommit. The rules of the House, motion because it violates clause 10 of from California. Madam Speaker, allow for the minor- rule XXI, as it has the net effect of in- Mr. MCNERNEY. We have a paid-for ity to express that point through the creasing mandatory spending within tax cut that’s germane and included in motion. the time period set forth in the rule. the motion to recommit. In this motion to recommit, as has I ask for a ruling of the Chair. The SPEAKER pro tempore. The gen- been placed forward by the gentleman The SPEAKER pro tempore. Does tleman may proceed, but the Chair will from California, it is a simple choice any Member wish to be heard on the hear argument from all Members on between the oil companies and the point of order? the point of order only. middle class: Side with the oil compa- The Chair recognizes the gentleman The gentleman from California continues to be recognized. nies or side with the middle class. from California. The SPEAKER pro tempore. The gen- Mr. MCNERNEY. Madam Speaker, Mr. MCNERNEY. While I strongly supported our efforts to reform the tleman will suspend. The gentleman is everyone knows that times are tough not addressing the procedural issues and that individuals, families, and health care system, I also supported repealing the 1099 reporting requirement. raised by the point of order. small businesses are having a difficult Mr. CROWLEY. Madam Speaker, if I time making ends meet. That’s why This requirement will negatively affect small businesses’ ability to operate can, I am addressing the rules of the it’s so important that we provide small House that allow for the minority to businesses, which are the backbone of smoothly and efficiently. There is a broad bipartisan consensus on this have an opportunity to make a motion our economy, with the tools to suc- to recommit. It may not be in ceed. point, and I have received many emails, phone calls and letters from agreeance with the majority. We un- The SPEAKER pro tempore. Does the derstand that. They may not like the gentleman wish to address the point of constituents in my district who oppose the 1099 reporting requirement. motion to recommit. We understand order? that. They may not like the motion to Mr. MCNERNEY. Yes, the gentleman I support repealing the 1099 provision—— recommit under the rule because it wishes to address the point of order. touches onto an area that they are not The SPEAKER pro tempore. The The SPEAKER pro tempore. The gentleman will suspend. comfortable with, that is, taxing oil Chair will hear the gentleman. companies. Mr. MCNERNEY. With rising prices Remarks must be confined to the procedural issue at hand. The SPEAKER pro tempore. The gen- of gasoline, and unemployment that re- tleman is not addressing the proce- mains far too high, helping small busi- Mr. MCNERNEY. We have a paid for tax cut that is in order. dural issue. nesses is more important than ever. Mr. CROWLEY. I am addressing the The SPEAKER pro tempore. Does Mr. CAMP. Madam Speaker, the gen- rules of the House, Madam Speaker. any other Member wish to be heard on tleman is not addressing the point of The SPEAKER pro tempore. The gen- the point of order? order. tleman is not sticking to the precise The Chair recognizes the gentleman procedural question at hand, which is b 1310 from Michigan. clause 10 of rule XXI. The SPEAKER pro tempore. Does the Mr. LEVIN. The gentleman wishes to Mr. CAMP. I would ask the Chair to gentleman from California wish to ad- proceed. The gentleman from Cali- rule, Madam Speaker. dress the specific point of order? fornia wishes to proceed. Mr. LEVIN. Madam Speaker, I wish Does any other Member wish to ad- The SPEAKER pro tempore. The gen- to be heard. dress the point of order? tleman must speak to the specific pro- The SPEAKER pro tempore. Does The Chair recognizes the gentleman cedural question. any Member in the body wish to be from Michigan. Mr. LEVIN. And he says he is doing heard on the point of order under Mr. LEVIN. Madam Speaker, the gen- so. He is saying he is doing so. clause 10 of rule XXI specifically? tleman from California was addressing The SPEAKER pro tempore. There Mr. LEVIN. Yes, I do. the point of order. I think he should be seems to be some question of that. The SPEAKER pro tempore. The allowed to do so. The gentleman from California may Chair recognizes the gentleman from The SPEAKER pro tempore. The gen- proceed. Michigan. tleman from California may be heard Mr. MCNERNEY. I stand here to offer Mr. LEVIN. Madam Speaker, the only on the point of order and may a better alternative. It’s paid for. In- rules of the House, as crafted by the continue if he is speaking directly to stead of simply agreeing to the major- majority, do make it difficult for us to the point of order. ity’s bill, the motion to recommit craft motions to recommit that are Mr. MCNERNEY. Madam Speaker, would repeal the 1099 requirement and germane. this directly addresses the tax provi- provide a new tax cut to the middle- I submit this is, and I think you sion in the Republican bill. class paid for by closing tax loopholes should listen to us before you make a The SPEAKER pro tempore. The gen- exploited by large oil companies. It’s ruling. You are the Speaker of the tleman from California may proceed. paid for and it’s germane. House, acting in that capacity.

VerDate Mar 15 2010 02:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.045 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 3, 2011 CONGRESSIONAL RECORD — HOUSE H1551 This motion would cut taxes, would Barletta Graves (GA) Paul Engel Loebsack Ross (AR) Bartlett Graves (MO) Paulsen Eshoo Lofgren, Zoe Rothman (NJ) end oil subsidies, and ensure more Barton (TX) Griffin (AR) Pearce Farr Lowey Roybal-Allard Americans have health insurance. It is Bass (NH) Griffith (VA) Pence Fattah Luja´ n Ruppersberger germane. The Republicans should not Benishek Grimm Peterson Filner Lynch Rush try to gag us. Berg Guinta Petri Frank (MA) Maloney Ryan (OH) Biggert Guthrie Pitts Fudge Markey Sanchez, Loretta I urge that the Speaker rule this in Bilbray Hall Platts Garamendi Matheson Sarbanes order. Bilirakis Harper Poe (TX) Gonzalez Matsui Schakowsky Mr. CAMP. Madam Speaker, I would Bishop (UT) Harris Pompeo Green, Al McCarthy (NY) Schiff ask the Chair to rule. Black Hartzler Posey Green, Gene McCollum Schrader Blackburn Hastings (WA) Price (GA) Grijalva McDermott Schwartz The SPEAKER pro tempore. The Bonner Hayworth Quayle Gutierrez McGovern Scott (VA) Chair has heard enough and is prepared Bono Mack Heck Reed Hanabusa McIntyre Scott, David to rule at this time. Boren Heller Rehberg Hastings (FL) McNerney Serrano Boustany Hensarling Reichert Heinrich Meeks Sewell Mr. WEINER. Madam Chair, point of Brady (TX) Herger Renacci Higgins Michaud Sherman order. Brooks Herrera Beutler Ribble Himes Miller (NC) Shuler The SPEAKER pro tempore. Does the Broun (GA) Huelskamp Rigell Hinchey Miller, George Sires Hirono Moore Slaughter gentleman from York have a point of Buchanan Huizenga (MI) Rivera Bucshon Hultgren Roby Holden Moran Smith (WA) order? Buerkle Hunter Roe (TN) Holt Murphy (CT) Stark Mr. WEINER. Madam Speaker, Mem- Burgess Hurt Rogers (AL) Honda Nadler Sutton Burton (IN) Issa Rogers (KY) Inslee Napolitano Thompson (CA) bers should have an opportunity to be Calvert Jenkins Israel Neal Thompson (MS) heard on the point of order. Just be- Rogers (MI) Camp Johnson (IL) Rohrabacher Jackson (IL) Olver Tierney cause one person you might feel didn’t Campbell Johnson (OH) Rokita Jackson Lee Owens Tonko address it doesn’t mean all of us should Canseco Johnson, Sam Rooney (TX) Pallone Towns Cantor Jones Johnson (GA) Pascrell Tsongas be prejudiced in our opportunity to Ros-Lehtinen Capito Kelly Roskam Johnson, E. B. Pastor (AZ) Van Hollen Kaptur ´ speak. Carter King (IA) Ross (FL) Payne Velazquez Keating Pelosi Visclosky The SPEAKER pro tempore. Argu- Cassidy King (NY) Royce Kildee Perlmutter Walz (MN) Chabot Kingston Runyan ment is at the discretion of the Chair, Kind Peters Wasserman Chaffetz Kinzinger (IL) Ryan (WI) to edify her judgment. Coble Kline Kissell Pingree (ME) Schultz Scalise Coffman (CO) Labrador Kucinich Polis Waters The Chair finds that it is time to now Schilling Cole Lamborn Langevin Price (NC) Watt rule on the point of order. Schmidt Conaway Lance Larsen (WA) Quigley Waxman Schock The gentleman from Michigan makes Cravaack Landry Larson (CT) Rahall Welch Schweikert Crawford Lankford Lee (CA) Rangel Wilson (FL) a point of order that the motion offered Scott (SC) Crenshaw Latham Levin Reyes Woolsey by the gentleman from California vio- Scott, Austin Cuellar LaTourette Lewis (GA) Richardson Wu Sensenbrenner lates clause 10 of rule XXI by proposing Culberson Latta Lipinski Richmond Yarmuth Sessions an increase in mandatory spending Davis (KY) Lewis (CA) Shimkus Denham LoBiondo NOT VOTING—8 over a relevant period of time. Shuster Pursuant to clause 10 of rule XXI and Dent Long Becerra Hinojosa Sa´ nchez, Linda DesJarlais Lucas Simpson Giffords Hoyer T. clause 4 of rule XXIX, the Chair is au- Diaz-Balart Luetkemeyer Smith (NE) Hanna Jordan Speier thoritatively guided by estimates from Dold Lummis Smith (NJ) Dreier Lungren, Daniel Smith (TX) b 1343 the chair of the Committee on the Southerland Duffy E. Mr. LYNCH, Ms. PINGREE of Maine, Budget that the net effect of the provi- Duncan (SC) Mack Stearns sions in the amendment would increase Duncan (TN) Manzullo Stivers Messrs. DeFAZIO, ELLISON, WAX- mandatory spending over a relevant pe- Ellmers Marchant Stutzman MAN, and Ms. BERKLEY changed their Emerson Marino Sullivan vote from ‘‘yea’’ to ‘‘nay.’’ riod as compared to the bill. Terry Farenthold McCarthy (CA) Messrs. ALTMIRE, HUIZENGA of Accordingly, the point of order is Fincher McCaul Thompson (PA) sustained and the motion is not in Fitzpatrick McClintock Thornberry Michigan, and MARCHANT changed order. Flake McCotter Tiberi their vote from ‘‘nay’’ to ‘‘yea.’’ Fleischmann McHenry Tipton Mr. LEVIN. Madam Speaker, I appeal So the motion to table was agreed to. Fleming McKeon Turner The result of the vote was announced the ruling of the Chair. Flores McKinley Upton as above recorded. The SPEAKER pro tempore. The Forbes McMorris Walberg Walden A motion to reconsider was laid on question is, Shall the decision of the Fortenberry Rodgers Foxx Meehan Walsh (IL) the table. Chair stand as the judgment of the Franks (AZ) Mica Webster Stated against: House? Frelinghuysen Miller (FL) Weiner Gallegly Miller (MI) West Mr. BECERRA. Mr. Speaker, earlier today I MOTION TO TABLE Gardner Miller, Gary Westmoreland was unavoidably detained and missed rollcall Mr. CAMP. Madam Speaker, I move Garrett Mulvaney Whitfield vote 161. If present, I would have voted ‘‘no’’ to lay the appeal on the table. Gerlach Murphy (PA) Wilson (SC) on rollcall vote 161. Gibbs Myrick Wittman The SPEAKER pro tempore. The Gibson Neugebauer Wolf ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE question is on the motion to table. Gingrey (GA) Noem Womack The SPEAKER pro tempore. Mem- The question was taken; and the Gohmert Nugent Woodall bers should be aware that debate on a Goodlatte Nunes Yoder Speaker pro tempore announced that Gosar Nunnelee Young (AK) point of order is solely to edify the the noes appeared to have it. Gowdy Olson Young (FL) judgment of the presiding officer. As Mr. CAMP. Madam Speaker, on that Granger Palazzo Young (IN) such, argument on a point of order I demand the yeas and nays. must be confined to the question of The yeas and nays were ordered. NAYS—181 order and may not range to an under- The SPEAKER pro tempore. Pursu- Ackerman Cardoza Costello lying substantive question. The Chair Andrews Carnahan Courtney ant to clause 9 of rule XX, this 15- Baca Carney Critz endeavors to hear such arguments as minute vote on the motion to table Baldwin Carson (IN) Crowley may tend to edify her judgment, but will be followed by a 5-minute vote on Barrow Castor (FL) Cummings when she is prepared to rule, she may passage of the bill, if arising without Bass (CA) Chandler Davis (CA) decline to hear more. Berkley Chu Davis (IL) further proceedings in recommittal. Berman Cicilline DeFazio The optimal accommodation of Mem- The vote was taken by electronic de- Bishop (GA) Clarke (MI) DeGette bers’ desires to argue on a point of vice, and there were—yeas 243, nays Bishop (NY) Clarke (NY) DeLauro order can be achieved only when, first, Blumenauer Clay Deutch 181, not voting 8, as follows: Boswell Cleaver Dicks those seeking recognition for that pur- [Roll No. 161] Brady (PA) Clyburn Dingell pose properly confine themselves to the Braley (IA) Cohen Doggett YEAS—243 question of order; and, second, those Brown (FL) Connolly (VA) Donnelly (IN) who believe they have heard enough Adams Alexander Austria Butterfield Conyers Doyle Aderholt Altmire Bachmann Capps Cooper Edwards leave it to the presiding officer to de- Akin Amash Bachus Capuano Costa Ellison cide when she has heard enough.

VerDate Mar 15 2010 01:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.060 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1552 CONGRESSIONAL RECORD — HOUSE March 3, 2011 The Chair enlists the understanding that we have that says that the move- The SPEAKER pro tempore. The and cooperation of all Members in ment within tax brackets is subject to Chair recognizes the gentleman from these matters. a higher order. Michigan. The question is on the passage of the Let me also make this argument in Mr. CAMP. Madam Speaker, I would bill. support of the point of order. refer the Members of the House to the The question was taken; and the Mr. TERRY. Objection. The gen- committee report in this area, and in Speaker pro tempore announced that tleman from New York is not speaking that committee report it states: The the ayes appeared to have it. to the point of order. committee has carefully reviewed the POINT OF ORDER Mr. WEINER. The gentleman from provisions of the bill and states that Mr. WEINER. Madam Speaker, I rise Nebraska does not control the time. the provisions of this bill do not in- to a point of order. Point of order. I am on my feet to a volve any Federal income tax rate in- The SPEAKER pro tempore. The gen- point of order. I cannot be taken off my creases within the meaning of the rule. tleman will state his point of order. feet by anyone except the Chair. I I would say that the rules of the Mr. WEINER. Madam Speaker, the would urge the respect of the gen- House in this area refer to specific sec- voice vote we just took violates clause tleman. tions of the Internal Revenue Code. 5(b) of rule XXI, and this vote shall be The SPEAKER pro tempore. The Also, the rules of the House—and I taken with a three-fifths required for Chair will continue to hear the gen- would say my friends are not going far passage. tleman from New York. enough in their reading of the rules— Mr. WEINER. The reason this is so The SPEAKER pro tempore. Does define exactly what an income tax in- important and that we enforce it now any Member wish to speak to the point crease is. This bill does not amend is, just as we all have in our rules the of order? those specific sections of the Code that Mr. WEINER. Madam Speaker, I do. annotations of when this rule has been are referred to in the rules. Accord- The SPEAKER pro tempore. The gen- bent and broken, we don’t want at the ingly, a point of order does not lie. tleman from New York is recognized to beginning of this Congress one of the Mr. LEVIN. Madam Speaker, I would speak on the point of order. earliest actions we do to be to bend and like to be heard. Mr. WEINER. Thank you. break and leave in shatters the three- The SPEAKER pro tempore. The Madam Speaker, as we all know here, fifths requirement. Chair recognizes the gentleman from we have a special rule in the House. As You might believe it’s a good thing Michigan. I just referenced, it is clause 5(b) of to do. I just think there should be at Mr. LEVIN. I just want to read from rule XXI, which was put into the rules least three-fifths of us, under the rules the bill: of the House to make it extraordinarily that we agreed upon, to raise the tax ‘‘If the advance payments to a tax- difficult for us to change tax rates. The bracket, particularly since it’s on mid- payer exceed the credit allowed by this reason we did that was out of a bipar- dle class Americans. When you’re mak- section, the tax imposed by this chap- tisan consideration that we wanted to ing 80-some-odd thousand dollars a ter for the taxable year shall be in- make sure that legislation we did here year and you make an extra $200 in increased.’’ didn’t have the effect, under the ruse of come, they want to increase your tax Mr. GOHMERT. Madam Speaker, I some other action, of changing effec- bracket. If we’re going to do that, let’s wish to be heard on the point of order. tive tax rates for people. So this rule make sure it’s with a three-fifths ma- The SPEAKER pro tempore. The was put into place which said, if you’re jority. Chair recognizes the gentleman from I urge that the point of order be going to do that, you need to have a Texas. upheld and that we have to vote on this Mr. GOHMERT. Madam Speaker, the three-fifths majority. This bill that we by three-fifths. point of order began with the words are considering now is, by its action, The SPEAKER pro tempore. Does the ‘‘whether or not.’’ No point of order changing people’s effective tax rates. gentleman from New York (Mr. CROW- can begin with the words ‘‘whether or I’ll try to be brief. It’s just that I LEY) wish to be heard on the point of not.’’ know many Members hadn’t been order? The SPEAKER pro tempore. The tuned into the debate, and I want to Mr. CROWLEY. On the point of Chair is prepared to rule. explain this point. order, Madam Speaker, specifically, let Mr. WEINER. Madam Speaker, may I What the bill would do if it were to me just clarify for my friends on the be heard further on the gentleman be passed would be to say, if someone other side, and for those on our side of from Michigan’s point? had a marginal increase in their in- the aisle as well—for all Members of The SPEAKER pro tempore. The come that took them up into the next the House—that clause 5(b) of rule XXI Chair recognizes the gentleman from bracket, they would lose, not only the states that passage, again, of a tax in- New York. subsidy provided under the health care crease needs a three-fifths majority of Mr. WEINER. Let me just say very act to buy insurance, but in its en- those present for passage if we are briefly, the gentleman from Michigan tirety a $200 increase above the bracket changing the tax rates or the brackets is correct. We don’t directly do what is would essentially put them into a dif- of individuals. described in the rule, but the effect is ferent tax bracket. This is exactly that it is indisputable that someone what this rule was intended to pre- b 1350 who is in one tax bracket after this bill vent—our taking an action that unwit- I know it’s not, again, comfortable, will move into another one. tingly changes where people’s tax rates but as the example I laid out in the de- The purpose of this rule, and clearer are without our actually having to bate, which was not refuted by anyone, from the annotations—we’re trying to stand up and do it. if an individual earning $88,000 from a look at the purpose of this rule, and This rule puts a pretty strong level of family of four receives a $250 bonus, the reason we have the Speaker inter- test into place for us. It says we need a that would require them to pay $4,460 preting the rule is to prevent that from three-fifths majority. It is very dif- in tax. That is, indeed, a new tax; and, happening. And if it’s good for the ficult for the Chair to rule about a therefore, it should be subject to this goose, it’s good for the gander. three-fifths, A, on a voice vote. Sec- rule that we would require three-fifths. You’re going to see it happening a lot ondly, I want to be sure that if we go I know it’s hard, because that’s the this term. to what is certainly going to be a re- difficulty of this in changing the tax Mr. CROWLEY. Madam Speaker, I corded vote that—— rates. It should be difficult. That’s the would like to be heard. Mr. TERRY. Objection. The gen- rule to make this bipartisan. We do The SPEAKER pro tempore. The tleman from New York is not speaking this together, a three-fifths vote. Chair recognizes the gentleman from to the point of order. And, Madam Speaker, we are chang- New York for a brief moment. Mr. WEINER. First of all, I can be ac- ing the tax rates. We are changing the Mr. CROWLEY. Does the committee cused of a lot of things. Not speaking brackets; and, therefore, this rule report get to waive the House rules? to the point of order isn’t one of them. ought to be imposed. The committee report? That’s the evi- Madam Speaker, this point of order Mr. CAMP. Madam Speaker, I wish to dence to waive the House rules? That’s is specifically whether or not the rule be heard. a new low standard.

VerDate Mar 15 2010 02:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.050 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 3, 2011 CONGRESSIONAL RECORD — HOUSE H1553 The SPEAKER pro tempore. The Green, Gene Matheson Roskam Ryan (OH) Sutton Wasserman Chair is prepared to rule. Griffin (AR) McCarthy (CA) Ross (AR) Sarbanes Thompson (CA) Schultz Griffith (VA) McCarthy (NY) Ross (FL) Schakowsky Thompson (MS) Waters Since the 105th Congress, the require- Grimm McCaul Royce Schwartz Tierney Watt ment in clause 5(b) of rule XXI for a Guinta McClintock Runyan Scott (VA) Tonko Waxman three-fifths vote on certain tax meas- Guthrie McCotter Ruppersberger Serrano Towns Weiner Hall McHenry Sherman Tsongas Wilson (FL) ures has comprised the three elements Ryan (WI) Harper McIntyre Sanchez, Loretta Stark Van Hollen Woolsey described by Speaker pro tempore Harris McKeon Scalise NOT VOTING—6 Baldwin in the ruling of January 18, Hartzler McKinley Schiff Hastings (WA) McMorris Schilling Giffords Jordan Speier 2007. ´ Hayworth Rodgers Schmidt Hanna Sanchez, Linda The first element of the requirement Heck McNerney Schock Hinojosa T. Heinrich Meehan is that the measure amends one of the Schrader Heller Mica b 1412 subsections of the Internal Revenue Schweikert Hensarling Miller (FL) So the bill was passed. Code of 1986 that are cited in the rule. Herger Miller (MI) Scott (SC) The second element is that the meas- Herrera Beutler Miller, Gary Scott, Austin The result of the vote was announced Scott, David ure does so by imposing a new percent- Higgins Mulvaney as above recorded. Himes Murphy (PA) Sensenbrenner A motion to reconsider was laid on age as a rate of tax. The third element Holden Myrick Sessions is that in doing so the measure in- Huelskamp Neugebauer Sewell the table. creases the amount of tax imposed by Huizenga (MI) Noem Shimkus f Shuler any of those cited subsections of the Hultgren Nugent Hunter Nunes Shuster LEGISLATIVE PROGRAM Code. Simpson Hurt Nunnelee (Mr. HOYER asked and was given The Chair is unable to find a provi- Inslee Olson Sires permission to address the House for 1 sion in the pending bill—H.R. 4, as per- Israel Owens Slaughter Issa Palazzo Smith (NE) minute.) fected—that fulfills even the first ele- Jenkins Pastor (AZ) Smith (NJ) Mr. HOYER. Mr. Speaker, I yield to ment of the requirement. Johnson (IL) Paul Smith (TX) my friend, the majority leader, to ask A bill that does not meet any one of Johnson (OH) Paulsen Smith (WA) about the schedule for the coming the three elements required by clause Johnson, Sam Pearce Southerland Jones Pence Stearns week. 5(b) of rule XXI does not carry a Fed- Keating Perlmutter Stivers Mr. CANTOR. I thank the Demo- eral income tax rate increase within Kelly Peters Stutzman cratic whip, the gentleman from Mary- the meaning of that rule. King (IA) Peterson Sullivan King (NY) Petri land, for yielding. Accordingly, the Chair holds that a Terry Kingston Pingree (ME) Thompson (PA) Mr. Speaker, on Tuesday the House majority vote is sufficient to pass the Kinzinger (IL) Pitts Thornberry will meet at 2 p.m. for morning hour pending bill, and the Chair properly an- Kissell Platts Tiberi Kline Poe (TX) Tipton and 4 p.m. for legislative business. On nounced a majority-based result on the Labrador Pompeo Wednesday, the House will meet at 10 voice vote on passage. Turner Lamborn Posey Upton a.m. for legislative business, and recess RECORDED VOTE Lance Price (GA) Vela´ zquez Landry Price (NC) immediately. The House will reconvene Visclosky Mr. CAMP. Madam Speaker, I de- Langevin Quayle Walberg at approximately 11 a.m. for the pur- Lankford Quigley mand a recorded vote. Walden pose of receiving, in a joint meeting Larsen (WA) Rahall The SPEAKER pro tempore. A re- Walsh (IL) Latham Reed with the Senate, the Honorable Julia Walz (MN) corded vote is requested on passage of LaTourette Rehberg Gillard, Prime Minister of Australia. the bill. Latta Reichert Webster Welch On Thursday, the House will meet at 10 A recorded vote was ordered. Lewis (CA) Renacci a.m. for morning hour and noon for leg- Lipinski Reyes West The vote was taken by electronic de- LoBiondo Ribble Westmoreland islative business. On Friday, the House vice, and there were—ayes 314, noes 112, Loebsack Richardson Whitfield will meet at 9 a.m. for legislative busi- not voting 6, as follows: Long Rigell Wilson (SC) ness, with last votes expected by 3 p.m. Lucas Rivera Wittman [Roll No. 162] Luetkemeyer Roby Wolf The House will consider a few bills AYES—314 Lummis Roe (TN) Womack under suspension of the rules on Tues- Lungren, Daniel Rogers (AL) Woodall day and possibly Wednesday, which Adams Burgess Dent E. Rogers (KY) Wu will be announced by the close of busi- Aderholt Burton (IN) DesJarlais Mack Rogers (MI) Yarmuth Akin Butterfield Diaz-Balart Maloney Rohrabacher Yoder ness tomorrow. The House will also Alexander Calvert Dold Manzullo Rokita Young (AK) consider two bills that were marked up Altmire Camp Donnelly (IN) Marchant Rooney Young (FL) by the Financial Services Committee Amash Campbell Dreier Marino Ros-Lehtinen Young (IN) Andrews Canseco Duffy today: H.R. 836, the Emergency Mort- Austria Cantor Duncan (SC) NOES—112 gage Relief Program Termination Act, Baca Capito Duncan (TN) and H.R. 830, the FHA Refinance Pro- Bachmann Cardoza Ellmers Ackerman Engel Lofgren, Zoe Bachus Carnahan Emerson Baldwin Eshoo Lowey gram Termination Act. These bills will Barletta Carney Farenthold Bass (CA) Farr Luja´ n eliminate two ineffective mandatory Barrow Carter Fincher Becerra Fattah Lynch programs that, without congressional Bartlett Cassidy Fitzpatrick Berman Filner Markey Barton (TX) Castor (FL) Flake Blumenauer Frank (MA) Matsui action, will continue spending on auto- Bass (NH) Chabot Fleischmann Brady (PA) Fudge McCollum pilot. Benishek Chaffetz Fleming Brown (FL) Garamendi McDermott The House has already had a robust Berg Chandler Flores Capps Grijalva McGovern debate on the discretionary side of Fed- Berkley Cicilline Forbes Capuano Gutierrez Meeks Biggert Coble Fortenberry Carson (IN) Hanabusa Michaud eral spending, Mr. Speaker, and will Bilbray Coffman (CO) Foxx Chu Hastings (FL) Miller (NC) continue to do so, but it’s time we turn Bilirakis Cohen Franks (AZ) Clarke (MI) Hinchey Miller, George our attention also to the mandatory Bishop (GA) Cole Frelinghuysen Clarke (NY) Hirono Moore Bishop (NY) Conaway Gallegly Clay Holt Moran side of government spending. I expect Bishop (UT) Connolly (VA) Gardner Cleaver Honda Murphy (CT) further debate on mandatory spending Black Cooper Garrett Clyburn Hoyer Nadler throughout the month of March. Blackburn Costa Gerlach Conyers Jackson (IL) Napolitano Mr. HOYER. I thank the gentleman Bonner Costello Gibbs Crowley Jackson Lee Neal Bono Mack Courtney Gibson Cummings (TX) Olver for that information. He mentions that Boren Cravaack Gingrey (GA) Davis (IL) Johnson (GA) Pallone we will be considering some bills under Boswell Crawford Gohmert DeGette Johnson, E. B. Pascrell suspension, as is normal, and two bills, Boustany Crenshaw Gonzalez DeLauro Kaptur Payne Brady (TX) Critz Goodlatte Deutch Kildee Pelosi H.R. 836 and H.R. 830, presumably Braley (IA) Cuellar Gosar Dicks Kind Polis under a rule. Brooks Culberson Gowdy Dingell Kucinich Rangel I ask the gentleman, will those be Broun (GA) Davis (CA) Granger Doggett Larson (CT) Richmond open rules? And before I yield to him Buchanan Davis (KY) Graves (GA) Doyle Lee (CA) Rothman (NJ) Bucshon DeFazio Graves (MO) Edwards Levin Roybal-Allard for his response, I want to say that I Buerkle Denham Green, Al Ellison Lewis (GA) Rush want to congratulate the gentleman on

VerDate Mar 15 2010 01:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.052 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1554 CONGRESSIONAL RECORD — HOUSE March 3, 2011 the process that we considered H.R. 1. tember 30 for the balance of the fiscal gentleman has said, the way you get to While those of us on this side did not year? $100 billion is counting that $41 billion ultimately support H.R. 1, I know that Mr. CANTOR. I thank the gentleman. that you say is the status quo and add- the Speaker and the leader are both And as the gentleman has already ing $60 billion, or $61 billion to it, to pleased with the openness and trans- pointed out, the House, Mr. Speaker, get to $102 billion, or a little short of parency of the process. There was a has produced its position in H.R. 1. The that. My point clearly is that the gen- preprinting requirement, of course, so difficulty is the Senate has failed to tleman and his side of the aisle have it wasn’t a totally open rule in that produce a Senate position. So there clearly counted the $41 billion that he sense. But does the gentleman expect really is very little foundation upon says is the status quo. there to be open rules on H.R. 836 and which to engage in any discussion as to The reason he has done so is because, H.R. 830? how we are going to get through the re- he said, during the course of the cam- Mr. CANTOR. Mr. Speaker, I thank mainder of the fiscal year. I know that paign, and others said during the the gentleman. And to the gentleman’s the minority leader was recently today course of the campaign, they were to specific question about next week, I out saying that the position on the cut $100 billion. In fact, as I recall, the would respond to the gentleman that part, I guess, of the Senate, and per- Speaker and yourself and other leaders we are working with the Rules Com- haps your caucus, is that there is a de- made the point during the course of mittee and its chairman, Chairman sire to bring about $41 billion of cuts. your initial consideration and the offer DREIER, to be able to announce an open I would say to the gentleman, Mr. that was initially made to your con- process for the consideration of next Speaker, $40 billion is not a cut. That’s ference, that, in fact, the $41 billion week’s bills. the status quo. And that’s been our po- was, in fact, a cut from the President’s Mr. HOYER. I thank the gentleman. sition all along, is we want to make request of $41 billion. Can I inquire is an open process, is that sure we change the status quo, that we We agree with that, but we now be- somewhat of a nuance of an open rule? actually do what most Americans are lieve that your side is saying, oh, no, Mr. CANTOR. I thank the gentleman. having to do, which is tighten the belt that doesn’t count, notwithstanding Mr. Speaker, I think the gentleman and to cut spending in order to get this the fact it is $41 billion less than the also indicated in his remarks the economy going. President requested and you counted preprinting requirement in the CR of So I am saying to the gentleman we that $41 billion less as part of the $100 H.R. 1 provided for it to be a modified would encourage the Senate and Lead- billion you represented was part of the rule. And it is in that spirit that I er REID to act so that we can move for- cuts that you had said you were going think the Speaker initially began this ward. And until then, Mr. Speaker, I to make and that you, in fact, made. session, that we are committed to an would say to my friend from Maryland So my point is, as the gentleman has open process, to have the ventilation of that I would expect the House to con- pointed out, that your $60 billion, by ideas, to have the participation of as tinue its process of cutting $2 billion your side’s argument of cutting $100 many Members as possible in debate of per week until we can see where the billion, only gets to $100 billion because measures coming to the floor. We con- gentleman’s caucus and then the you are counting the $41 billion, which tinue to want to go in that direction, Democratic leader in the Senate is. we have cut. Now I say that for this as we have thus far. reason: You made the $100 billion b 1420 Mr. HOYER. I thank the gentleman. pledge prior to December. You made it Let me say to the gentleman in terms Mr. HOYER. I thank the gentleman prior to the election. Then we, in fact, of a constructive discussion that we for his response. I might want to pur- cut from the figure you were using as might have, and I happen to believe sue that response just a little bit, how- the base, the 2011 base of the Presi- that the preprinting requirement is a ever. dent’s request, we cut $41 billion by positive requirement in that it gives The Pledge to America, as I under- freezing at 2010 levels. notice to people. One of the things, as stand it, said that you were going to Now, very frankly, my point to you we know, that it requires, however, is cut $100 billion; is that accurate? is, as I am sure you know, that we have the printing of amendments prior to Mr. CANTOR. I would say to the gen- already come $41 billion, which means the time you know the status of the tleman that the Pledge to America said 41 percent of the way to where you bill at the time you might offer the that we were desirous of reducing dis- wanted to get. We continue to want to amendment. I suggest that perhaps we cretionary spending, non-security discuss this matter. Hopefully we can have discussions about how to take spending, to ’08 levels. move together and come to a com- into consideration the process where Mr. HOYER. And H.R. 1, as I under- promise figure. you preprint an amendment, prior to stand it, is scored at $102 billion or I know the gentleman has not served getting to your amendment something thereabouts; is that accurate? on the Appropriations Committee. He is changed by a previous amendment Mr. CANTOR. I would say back to the serves on the tax writing committee. that might require a modification of gentleman, as he knows, the figure of But in the Appropriations Committee, your amendment in terms of an under- $100 billion was taken from the dif- we found an ability to come together standing on both sides that perhaps we ference between the President’s FY11 and make agreement. I am hopeful that would accommodate, either by unani- request and the ’08 levels, which is how we can do the same. But I think it un- mous consent or some other process, that figure has become. fair and incorrect, frankly, not to that change. So I would say to the gentleman, if count $41 billion because we are now Mr. CANTOR. I thank the gentleman he is trying to make the point about starting at 2010 levels as opposed to the for raising the point that did come up 100 versus 61, the gentleman is accurate level that you started at and we start- during the debate of H.R. 1. I would say when he says that the $100 billion of ed at, which was the President’s 2011 back to the gentleman that it is prob- cuts off the 2011 request by the Presi- request, and both of us have come that ably a very good discussion to take dent is the same as $61 billion of cuts $41 billion, and the issue is how much place within the context of the Rules against the current level of spending at further we are going to go. Committee. And we look forward to FY10 levels. Mr. CANTOR. I would respond to the having that discussion with the gen- So if I could make the gentleman’s gentleman that we have already dis- tleman as well. point for him, which is exactly why I cussed the math here. The problem is Mr. HOYER. I thank the gentleman. say that insistence upon $41 billion or the American people are waiting for us The current CR, as the gentleman $40 billion in cuts is nothing but de- to act. If the gentleman knows the po- knows, expires March 18 that we passed fense of the status quo. That’s what I sition of Senator REID and where he earlier this week, the Senate passed, would say to the gentleman. That’s un- would like to go, other than maintain the President has now signed. Can I acceptable to our side. It’s unaccept- the status quo, then that’s what we are ask the gentleman his thoughts on able to the American people. looking for. The House has made its po- going forward what we might be ex- Mr. HOYER. I thank the gentleman sition known. pecting with respect to funding govern- for explaining my proposition, but if I Its position, again, is $100 billion off ment from March 19 through Sep- might clarify a little more, what the the 2011 request or $61 billion off the

VerDate Mar 15 2010 01:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.054 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 3, 2011 CONGRESSIONAL RECORD — HOUSE H1555 2010 levels of current spending. We have looking back. I know the gentleman throughout this fiscal year about the maintained that position all along, Mr. would make the suggestion we could 2012 budget and spending that we Speaker, that freezing spending at to- learn from past history. I am all about should be about anyway. day’s level is unacceptable. It will that. And let us not forget the reason why bankrupt us if we continue to spend at But what I could say, Mr. Speaker, is we find ourselves where we are is be- these levels. We have got to begin to we need a position by the other side in cause the majority from the 111th Con- show some fiscal restraint so we can order to go forward so we can actually gress did not finish the business of this get people back to work in this coun- do what the American people want, fiscal year, which, again, is why we try. which is to cut spending from current find ourselves in the position of these I am delighted to hear the gentleman levels. expiring short-term CRs. say we need to cut more, and I am Mr. HOYER. I thank the gentleman. We are dedicated to the notion of hopeful that we can continue to see I would simply suggest to the gen- open process, as the gentleman knows, progress on that front. But thus far, tleman and hope that we can work to- and I know he shares that goal as well, the gentleman’s colleagues and all of gether, as the gentleman suggests, and we will continue to operate in that our colleagues on the other side of the come to resolution for the balance of manner. Capitol, Senator REID, has not indi- the fiscal year. Mr. HOYER. I thank the gentleman cated where his position is. That’s The gentleman has made a number of for that answer. what we need to know to move for- comments in the past, with which I The reason I ask that question, how- ward. agree, that uncertainty undermines the ever, I don’t know whether the gen- Mr. HOYER. I thank the gentleman economy. A quote that the gentleman tleman had an opportunity to read a for his comments. said on the floor last year: Working column in The New York Times by I ask the gentleman, might I advise families and businesses remain gripped David Brooks, a relatively conservative the leader on the other side of the Cap- by economic uncertainty, and to this columnist in The New York Times, as itol that there is, in fact, a willingness day Washington has only made the the gentleman knows, in which he on your side to compromise between problem worse. If we want to cut into wrote a column called, ‘‘The New Nor- zero and 100? the 9.8 percent unemployment, Mr. mal,’’ and in paragraph 4 in which he I yield to the gentleman. Chairman, we have to instill con- stated, ‘‘In Washington, the Repub- Mr. CANTOR. I would ask the gen- fidence in the economy and begin to licans who designed the cuts’’—which tleman, Mr. Speaker, does the gen- foster an environment for job creation. are included in H.R. 1—‘‘for this fiscal tleman know of any position having I suggest to the gentleman we will year seemed to have done no serious been taken, any vote that has been not do that until we come to an agree- policy evaluation.’’ taken in the Senate to indicate where ment. Both sides need to work toward He goes on about four paragraphs they are and whether they have come that end. I agree with the gentleman later to say, referring to his austerity off their position of defending the sta- on that. I am hopeful that the Senate principle—there are three austerity tus quo? will, in fact, make a suggestion in the principles that he propounds. He said, Again, I would say to the gentleman, near term; I mean, hopefully, in hours ‘‘Never cut without an evaluation proc- his leader, the minority leader, earlier and a few days rather than weeks. ess.’’ today was in the press indicating that The 18th will be on us, as you know, I think that we need cuts. I’ve said that is her position. She wants to de- very soon. If we don’t reach an agree- that. The gentleman said that. We are fend the status quo, $41 billion in cuts. ment by next Thursday, in my opinion, proceeding. In fact, we have done some There is not a cut on the current level we will not be able to get the paper- of those and we have agreement on of spending. work done to get a bill ready to pass by some of those, as the gentleman knows. Mr. HOYER. If that’s the status quo, Friday the 18th, 2 weeks from tomor- But there were no hearings. That’s why then I suggest to the gentleman he is row. Mr. Brooks says that they seem to not going to get to $100 billion, which have done no serious policy evaluation 1430 he represented and his side represents b of those cuts. That’s why I asked that they want to get to. We will see wheth- I think that will be unfortunate and question. But I understand the gentle- er or not they are prepared to do that. will lead to uncertainty and disruption, man’s answer. But I will tell my friend, if that’s the both in the public sector and in the pri- I will bring this to a close. We have position, then I think we will not be vate sector. some concerns by the fact that a num- able to reach agreement because there Let me ask you one more question on ber of economists, a large number of appears to be no ability to compromise the issue of compromises. Assuming economists, have expressed concern in that context. the Senate makes an offer and assum- about the economic ramifications of The gentleman counted the $41 bil- ing it passes an offer or reaches an some of the cuts and the magnitude of lion during the course of the campaign. agreement, when it comes back, will the cuts that are included. The gentleman counted that $41 billion there be any hearings on the proposed As you know, Ben Bernanke indi- when he made a representation to his cuts and the ramifications of those cated that this spending plan could caucus as to why you were offering a cuts? cost a couple of hundred thousand jobs, $32 billion cut because, together, given I yield to the gentleman. a number he called ‘‘not trivial.’’ And the fact that it was halfway through Mr. CANTOR. I would say to the gen- according to Goldman Sachs, we might the year, that that would, in fact, be tleman, first of all, as to his suggestion adversely affect GDP by 1.5 to 2 per- tantamount to. But again, in each one about our adding to uncertainty and centage points in the second and third of those instances, the gentleman perhaps facilitating a government quarters compared with current law or counted the $41 billion. He is now say- shutdown, we have said all along we do as the gentleman refers to, the status ing, oh, no, that is the status quo. not want to shut down the government. quo. Does the gentleman know of any We want to cut spending. And as I’ve I ask the gentleman: Is that of con- budget that President Bush signed in said before to the gentleman, it is our cern to you or do you believe that ’01, ’02, ’03, ’04, ’05, and ’06 that main- intention to continue to go forward re- those evaluations are incorrect? tained either the status quo or cut ducing spending at the rate of $2 billion Mr. CANTOR. Mr. Speaker, I thank below the so-called status quo, when a week until we can see some signal the gentleman. your side was in charge of both the from the Senate that they’re serious I would say I am always mindful of House and the Senate and the Presi- about wanting to cut spending. opinion makers, commentators, and dency? As for the gentleman’s inquiry about economists and their view as to what’s Mr. CANTOR. Mr. Speaker, the gen- hearings on specific cuts, as to a poten- going on here in Washington. But I tleman and I have had similar con- tial bill that will govern the route for- would say to the gentleman, I think versations over the last couple of ward for the rest of the fiscal year, I we’ve been down the road that the gen- years. I really think it is best for all of would bring the gentleman’s attention tleman suggests is preferable before. us to see how we are going forward, not to ongoing hearings now as we proceed We, on this floor, passed a nearly $800

VerDate Mar 15 2010 01:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.055 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1556 CONGRESSIONAL RECORD — HOUSE March 3, 2011 billion stimulus bill, at least on the number of jobs that were lost prior to HOUR OF MEETING ON TOMORROW gentleman’s side passed it, and we saw or during the recession which started, Mr. CANTOR. Mr. Speaker, I ask the effects of spending that kind of of course, in 2007. unanimous consent that when the money did not produce the kind of job So I want to agree with the gen- House adjourns today, it adjourn to creation that was desired or was prom- tleman and hope that we can work to- meet at 2 p.m. tomorrow; when the ised. And if I recall, some of the econo- gether on looking at the entire chal- House adjourns on that day, it adjourn mists that the gentleman refers to lenge that confronts us in bringing this to meet on Tuesday, March 8, 2011, probably were ones that supported the deficit down. But I tell my friend to when it shall convene at 2 p.m. for notion that the stimulus bill would continually focus, as the gentleman morning-hour debate and 4 p.m. for leg- make sure that unemployment didn’t has been doing in this colloquy and in islative business; and when the House exceed 8 percent if we went ahead and other colloquies, on simply the discre- adjourns on that day, it adjourn to spent that money. I think we’ve tried tionary spending, non-defense and non- meet at 10 a.m. on Wednesday, March 9. that before. security spending, while we certainly The SPEAKER pro tempore (Mr. GIB- The gentleman also knows that we need to cut fraud, waste, and abuse, cut SON). Is there objection to the request are borrowing nearly 40 cents out of duplication and make government sim- of the gentleman from Virginia? every dollar we are spending. That is pler and more accessible and more cost There was no objection. unsustainable. And so if the gentle- effective for the American people, we man’s focus is to spend more money also need to be, as you said, honest f from Washington to create jobs, then with the American people that if you PASS FREE TRADE AGREEMENTS essentially we are creating jobs and cut out every penny of the portion of (Mr. DREIER asked and was given paying people we can’t afford to pay. the budget at which you are looking, permission to address the House for 1 So what the position is from our side we will not solve the deficit problem. minute and to revise and extend his re- of the aisle, Mr. Speaker, is we want to So I say to my friend, I will look for- marks.) be honest with the people. We want to ward to working with him. Our side Mr. DREIER. Mr. Speaker, I didn’t look for long-term solutions that get looks forward to working with him and want to prolong the colloquy, but I this economy going again. his side. I have had discussions—I see have to say that both my friends, Mr. We all know that most jobs are cre- Mr. DREIER on the floor. We need to HOYER and Mr. CANTOR, were talking ated in the private sector. We all know work together on this issue because the that most jobs come from the entrepre- about the imperative for job creation gentleman is correct; it is a critical and economic growth. neurial aspirations of the people of this area. country. It is they who continue to There is a bipartisan consensus in Unless the gentleman wants more this institution; we all want to see pri- point to Washington as the problem. It time, I will yield back. is they who say that government’s ex- vate sector jobs created. We have an I yield to the gentleman. opportunity to work together in a bi- plosive growth, government’s contin- Mr. CANTOR. I would just say to the ued and increasing appetite for capital partisan way to do something that gentleman—and thank you for the President Obama addressed in his State is making it so we can’t see investment courtesy of yielding—that is exactly occur here in this country. And if you of the Union message here in this why we are turning to mandatory Chamber. He talked about the need for want to fix the economy, deal with the spending next week. As the gentleman deficit. That’s what we’re trying to do, us to pass first the U.S.-Korea free knows, we’ll be fast on the discussion trade agreement; and he also included, Mr. Speaker. of the budget as well. As the gentleman Mr. HOYER. I thank the gentleman I am happy to say, the Colombia and knows and can expect that our budget Panama agreements. for his comment. will approach the issue of entitlements, And certainly, I agree with him that All of those agreements have been and we feel it very necessary for us to pending. The Colombia and Panama we need to deal with the deficit. As the begin that discussion. And, frankly, gentleman knows, I’ve been pretty agreements actually preceded the Ko- we’re dismayed by the fact that the rean agreement; and we know if we vocal about that and indicated that we White House did not include any men- need to look at the whole spectrum of were to pass all three of these pending tion or discussion or did not deal with trade agreements, we could create good spending. Focusing on 14 percent of the entitlements in its budget proposal. budget will not get us there. I think union and nonunion jobs here in this So we hope, and I know the gen- country in the manufacturing sectors the gentleman probably agrees with tleman is earnest in his desire to want that proposition. I know the chairman of our economy. to try and deal with the deficit both on If you look at companies like Cater- of the Budget Committee agrees with the discretionary and the mandatory that proposition. I may not agree with pillar, John Deere, Whirlpool, other side. I look forward to working with manufacturing companies right here in the chairman of the Budget Committee him toward that end. on how he wants to get there, but I the United States, creating an oppor- Mr. HOYER. I thank the gentleman. tunity for those union and non-work- think we do agree that we have to look Just in concluding on that, the ad- at all of the spending that we do, and ing union members to sell their prod- ministration did, of course, appoint a ucts into Latin America is very impor- that bringing down the deficit is of commission, Mr. Bowles and Senator critical consequence. tant. Let’s create jobs; let’s pass all Simpson, which did, in fact, look at the three of these agreements. Let me say to the gentleman, how- spectrum of spending and made some ever, when he speaks about jobs, as he very substantive recommendations. f knows, we lost 3.8 million jobs in 2008, The administration has commended the last year of the Bush administra- HONORING THE LIFE OF JOE those recommendations to us for con- SILVERSMITH tion. The last year of the Obama ad- sideration. ministration, the last 12 months, we (Mr. LUJA´ N asked and was given per- have gained 1.1 million private sector mission to address the House for 1 jobs. So when the gentleman says that b 1440 minute and to revise and extend his re- the Recovery Act did not have the ef- But the administration also said that marks.) fect that the administration hoped for, we need to make sure that we invest in Mr. LUJA´ N. Mr. Speaker, I rise he is correct. We went up above the 8 growing our economy if we expect to today to pay tribute to Marine Cor- percent unemployment. But the gen- bring the deficit down, investing in the poral Joe Silversmith, who passed tleman, I’m sure, knows that during education of our children, investing in away earlier this week at the age of 86. the last 12 months we have gained jobs our infrastructure, investing in innova- As a Navajo code talker, Corporal Sil- on an average of 569,000 over the last 5 tion and invention. I agree with the ad- versmith earned the Silver Congres- months, so half a million jobs. ministration on that. I think we need sional Medal of Honor for his service Is that enough? It’s not. Frankly, we to be very careful that we pay atten- during World War II when he answered are going to have to be at 300,000 or tion to both the investments and to the the call of duty and served his country 400,000 per month to overcome the reduction of the deficits. in the South Pacific from 1943 to 1946.

VerDate Mar 15 2010 01:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.061 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 3, 2011 CONGRESSIONAL RECORD — HOUSE H1557 Corporal Silversmith was part of an their trucks south of the border into ployed. In the current economy and at my invaluable group of Navajo men who the lawless zones with the extortion age and health my chances of re-employment transmitted secret communications and the kidnapping and everything else diminish. I wasn’t planning to retire early, during the war that contributed to vic- going on down there? No. If we give but rather late, because of my small amount of savings. Now, when I do get a job again, I tory for the Allied forces. Mexico free license to drive north into will have to postpone retirement even As we take this moment to remember the upper 48 States of the United longer. I had almost no contacts about em- the contributions of Corporal Silver- States, we will lose hundreds of thou- ployment in spite of applying for about 6 to smith, we are reminded of the brave sands of jobs. 12 jobs a week since I lost my job. My eco- service of all Navajo code talkers. Cor- So it is good news they are address- nomic circumstances had gradually eroded poral Silversmith and his brothers in ing the tariffs, but we are going to be so that I had to start living in a rooming arms were nothing short of heroes for scrutinizing the details of any deal house. their efforts during the war. Joe Silver- that this President reaches with the Since I returned to Seattle, in 1993, I have smith went on to become a minister President of Mexico to protect the largely worked in either retail or parking after returning home from the war and and had worked for Ampco Parking for 13 safety of our traveling public, the secu- years. I haven’t had even 72 hours of work a well-respected member of the com- rity of our borders, and American jobs. since I lost my job last September, and am munity, always supporting those he f almost completely dependent on my unem- ministered to. He will be missed. ployment check. My bills are piling up. I am As we mourn the passing of Joe Sil- ANNOUNCEMENT BY THE SPEAKER planning to start selling my book collection versmith and celebrate his life, my PRO TEMPORE and some of my Videos and DVD’s. I am thoughts and prayers are with his wife, The SPEAKER pro tempore. Without planning to discount my landline and depend Ramona, and their two daughters dur- objection, the earlier request of the solely on my cell phone. I have lived a diverse and interesting life. ing this sad time. gentleman from Illinois (Mr. JACKSON) Like Obama, I was once a community orga- f to insert extraneous material in the nizer. I organised A Tenants Union in Santa EARLY EDUCATION VITAL FOR RECORD is granted. Cruz, CA once, and then worked in orga- CHILDREN There was no objection. nizing low income workers and neighbor- f hoods, helping their causes and providing (Ms. WASSERMAN SCHULTZ asked services. I have always been someone to vol- and was given permission to address b 1010 unteer, stating in high school or get in- the House for 1 minute and to revise JOB DISCRIMINATION IS AS PRO- volved, and to think of the needs of others. and extend her remarks.) FOUND AS RACIAL DISCRIMINA- I volunteer at my church on movie nights, as Ms. WASSERMAN SCHULTZ. Mr. TION an usher, and on the Peace and Justice Com- Speaker, on Monday, I met with par- mittee. ents of young children in Davie, Flor- (Mr. JACKSON of Illinois asked and I have also been a journalist in the past. ida, in my district who attend early was given permission to address the Now write two blogs and do other online childhood education classes at Crayons House for 1 minute.) writing. One of the blogs is about my unem- Child Care. We spoke about how vital Mr. JACKSON of Illinois. Mr. Speak- ployment and life in the margins of America, er, unemployment rates are too high in drawing perspective from the Catholic Work- early education is in the development er movement and the social teachings of the of young children; how early education our Nation: around 9 percent nationally, and within our minority popu- church and the bible. My other blog is about increases high school graduation rates; the arts. Although I have my own political how 50 years of solid research has lations, that rate is even higher. and religious bias expressed in my blogs, I shown that early childhood education Finding a job is already difficult for have my non-Catholic, even non-religious reduces crimes and delinquency and hundreds of thousands of Americans, friends, and many conservative friends. In yields up to a $7 return on every dollar yet a growing number of employers are fact some of my blog followers are conserv- invested. excluding jobless applicants from con- atives to disagree with my solutions, my Unfortunately, though, with the pas- sideration—making the job search way of interpreting the social teachings of sage of H.R. 1 just over a week ago, this nearly impossible for those who are un- the church, but admire my concern for the employed. poor and sympathize with my situation. I body made the largest cut to education will probably post a copy of this email for in our Nation’s history. Now, we all un- Companies have begun to post de- them to read and put a link from my derstand that our Nation needs to cut scriptions of vacancies including state- Facebook page to the blog post. spending; but the society that balances ments like ‘‘unemployed applicants Now I am one of those in need, going to its budgets on the back of its children will not be considered’’ or ‘‘must be food banks, getting my coffee at Jack in the should not be surprised when the spine currently employed,’’ leaving those in Box for 55 cents by asking for the senior dis- of its future is broken. These children the most dire need of a job high and count, cutting every corner and buying only are 2, 3, and 4 years old, but the re- dry. It’s a practice that I utterly op- what I absolutely need. I hang out in lines with desperate looking characters. sponse from Republicans in the House pose. Congress must put an end to it. It reminds me of when blacks, I am uninsured, as Cobra was too expensive of Representatives is that they would for me when I lost my job and I have what pay for it. That just doesn’t make women, and Asians were told they need was supposed to be a sprain to the finger, but sense. It is morally wrong. not apply. Mr. Speaker, how on Earth which was probably X-Rayed from the wrong f can an unemployed person find a job if angle, and seems like a permanent injury he or she is barred from applying? and deformation. While I can work and use SAFETY OF TRAVELING PUBLIC Unemployment discrimination is as my hand, I can’t type with my small finger, (Mr. DEFAZIO asked and was given profound as racial discrimination. This or close it completely. Short of going back permission to address the House for 1 is an appalling form of discrimination to the ER and getting more unpayable bills, minute.) that deeply harms all Americans, without benefits I have no means to treat it. Mr. DEFAZIO. Mr. Speaker, today hinders companies from finding the I am hanging in their with the support and President Obama and the Mexican prayers of a great church community, my best workers, and further disables our family and friends, my Facebook friends and President announced in short order economy. It should not be tolerated in blog readers. I try to be thankful to God Mexico will begin to reduce its extor- America or anywhere else. every day for each little thing he provides tionate tariffs on U.S. goods, many I again call on those plagued by un- me and to focus on the bigger issues—like from my district and my State. That is employment and joblessness to send me the struggles of the Egyptian people, our na- good news. But we shouldn’t accept a their resumes and their stories to tions problems, everyone else who is poor or bad deal with Mexico that jeopardizes [email protected]. unemployed. I am hoping, that like the 1930’s, we will end the decade as a less self- the safety of the traveling public on AMERICARESUMESFOR our highways; that further jeopardizes ish, more cooperative, more optimistic na- From: Joseph Drake [[email protected]] tion that when we entered these hard times. our security on the border of Mexico; Sent: Tuesday, February 15, 2011 2:19 PM I will pray for our nations leaders tonight, and, finally, that puts at risk hundreds To: americaresumesfor that all of you get granted the wisdom to of thousands of American jobs. Subject: My Resume and Story help our suffering people. Just think about it: What American DEAR CONGRESS: I am 60 years old, too I have attached, saved in SkyDrive, my trucking company is going to send young to be retired, too old to be unem- general purpose resume. I have of course

VerDate Mar 15 2010 01:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.063 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1558 CONGRESSIONAL RECORD — HOUSE March 3, 2011 have other resumes, but my general one tells Created and analyzed client’s financial aged a group of individuals daily which my story. statements. played a significant role in the growth of the God Bless you and God Bless all the Prepared quarterly foreign tax projections. company. Excellent customer service and poor and unemployed, Ensured the timely delivery of monthly communication skills. JOSEPH DRAKE. and quarterly tax payment. Experience Acted as a liaison and maintained open Substitute Teacher, 9/2010–Present, Arlington AMERICARESUMESFOR lines of communication among middle man- ISD, Arlington, TX agers and international accounting firms. From: Heidi Burrell Supervised student learning according to [[email protected]] Morgan Stanley, New York, NY, Accountant the goals and direction of the school and the Sent: Tuesday, February 15, 2011 2:23 PM (Internship)—2003–2005 district To: americaresumesfor Prepared state and local corporate tax re- Phlebotomist I & II, 6/2004–4/2008, Carter HELLO: My family and I are Jamaican im- turns, extensions and estimated payments. Blood Care, Bedford, TX migrants and we worked very hard to have Responded to state tax notices as needed. Collected timed specimen from patients; the American dream. This means going to Utilized CorpTax software to prepare re- keep lab area neat and clean while following school, working 2 jobs and just doing any- turns including input, review of reports, and all safety rules. Managed a team of fifteen thing that’s legal to survive. analyses. employees for two years that established I was laid off June 2009 from a big law firm Performed administrative tasks such as many successful blood drives in NYC as a tax accountant making $70,000 a updating tax files, typing, filing, data entry year. I applied to every job out there, even and copying. Education jobs that were half of my salary. I love the Skills BA in Social Science with Education Con- work I do, but companies are afraid to hire centration, 5/2008–11/2010, Ashford Univer- Microsoft Office (Word, Excel, Office, me for a 35–50k job. I’ve been out of work for sity, Clinton, IA, GPA: 3.85 Power Point, Access), eForms, SAP, CMS, 2 years June 2011. I was babysitting, until Courses Taken Include: CCH. those parents lost their job. I’ve done other Adult Development & Life Assessment— day jobs when they are available. It’s very Provided knowledge of adult development AMERICARESUMESFOR hard when you have kids to worry about. and theoretical concepts of personal and pro- To the congressman that said people are From: Stephanie Demar fessional learning while improving self-con- taking the unemployment checks and saving [[email protected]] cept. them . . . which planet are you living on? I Sent: Wednesday, February 09, 2011 12:43 PM Contemporary Social Problems—Focused receive $1620 a month: mortgage for my To: americaresumesfor mainly on problems with racism, sexism, condo: $812; common charges: 371; insurance: Subject: Resume and Story on Unemploy- drug and alcohol abuse in society while being 65, utilities (phone, light, etc): 185; student ment informed of contemporary problems in the loan-private (federal on forbearance): 150; HELLO REP. JESSE JACKSON JR.: I have been workplace. credit card: 235. out of work for over three years. I drew un- Social Psychology—Determined how Thank God I receive food stamps for my employment for 2008 and 2009. I have been thoughts, feelings and behavior has a huge children and I receive help from my ex hus- living with family and friends because I can- impact on everyday living as well as how band (he only works for $12 per hr). I was not afford to live on my own. I decided to go others are influenced by them in many dif- never a big spender, my credit card bill hap- back to school in 2008 when I lost my job due ferent social situations. pen after I purchase the condo. I cannot af- to a shoulder injury of an unknown suspect Acknowledgements ford to go back to school and the grants that who jumped on me outside a local President’s Award, May 2009. NYC offers is suspended. I was never looking Whataburger Restaurant. This incident cost Dean’s List, September 2008–November to make 70k again, I just need a job that will me my job, stability, and sleepless nights 2010. help cover my living expenses. since it occurred because of the intense pain. Magna cum laude Graduate, November Sometimes I feel that I wasted my time I am a 33 year old Black female. I recently 2010. and energy doing the right thing. Look at graduated from college November 15, 2011 Perfect Attendance, May 2008–November the people on welfare, some never working a from Ashford University in Social Science 2010. day in their life and you bust your butt Education. I am not sure when I will get a f working hard and going to school and this is job but I have been working as a Substitute AMERICAN POLICIES what happens. I’ve attached my resume. Teacher in Arlington ISD here in Arlington HEIDI. Texas. I want to work and have been search- The SPEAKER pro tempore. Under HEIDI BURRELL ing restlessly for years. I do not know what the Speaker’s announced policy of Jan- 610 Waring ave. Apt. 1H Bronx, NY 10467 else to do but I know that I am looking for uary 5, 2011, the gentleman from Texas a change to come in my life soon. I have at- (917) 421–6565 (Mr. GOHMERT) is recognized for 60 min- tached my resume as well. utes as the designee of the majority [email protected] I have recently heard that schools will be Objective losing millions of dollars here in Texas. My leader. concerns are if I recently graduated to be- Mr. GOHMERT. Mr. Speaker, these To secure a position utilizing my experi- are serious times in which we are liv- ence in areas of tax, clerical support and ac- come a teacher in Texas. Now that so much counting. money is lost for schools, how I can get a job ing. Supposedly there is a Chinese in my field and what do I tell my children curse that says may you live in inter- Education that are asking me why I haven’t found a job esting times. We certainly do. Pace University—New York, NY; Bachelor yet and I graduated from college? How do I I have really been shocked that the of Business Administration 2007; Finance. tell my students at school to stay in school mainstream media has not done more Experience and go to college if they are watching me in the way of stories on the Americans, Weil, Gotshal & Manges LLP, New York, NY, diligently look for a job but fail to find one the four Americans, on a boat that because of all the loss of funds for the edu- Tax Accountant—2008–2009 were hijacked and then killed. Of Prepared federal/state and local supporting cation? There are so many teachers who do not know if they are going to have a job next course it made some news on February schedules for firm’s annual partnership tax 22 when it happened, but it appears it return. year. How can I think I will have a job in my Managed the timely filing and payment of field if so many are going to be fired? didn’t survive much of a 24-hour cycle. all sales and use tax, commercial rent tax, Thank you, This was an act of war against Amer- and property tax returns. MS. STEPHANIE DEMAR. ica. This was an act of war against four Analyzed and reconciled expense accounts STEPHANIE DEMAR peace-loving people who apparently used for tax purposes. 1611 Hanover Dr. Arlington, TX 76014 had the gall to travel around and offer Managed and maintain an inventory of all 6822214278 Bibles to different places and appar- records for the partners. [email protected] ently were spending American blood Researched federal/state tax law to remain and treasure in places like Afghanistan in compliance with current regulations. A highly qualified Management and Performed administrative tasks such as Customer Service Professional and Iraq, only to find out that they were persecuting Christians in a man- updating tax files, filing, copying, sorting Summary of Qualifications mail and mailing partnership return. ner that is reminiscent of why people Demonstrated leadership with a proven came to Europe and tried to create a Geller and Company, New York, NY, Tax Ac- ability to develop and administer instruction countant—2005–2008 in a formal setting. Skilled in innovative de- country in which Christians could wor- Prepared and reviewed 20 international velopment and challenging others to pro- ship freely without being persecuted, branch supporting schedules for client’s tax mote success in all areas of the workplace. tortured, imprisoned, or killed simply return. Familiar with organizing teams and man- for their religious beliefs.

VerDate Mar 15 2010 01:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.028 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 3, 2011 CONGRESSIONAL RECORD — HOUSE H1559 In this case, though, it was a matter overcommits to other obligations with Khomenei, who it turns out would also of Barbary pirates. I know that most regard to military, and they lose their like to see the United States destroyed, people apparently in Washington have young nation. Washington was afraid and viewed Americans as infidels as not learned enough from history, but of that. Through the 1790s, we had Bar- well as the original Barbary pirates there are so many history lessons that bary pirates. We had pirates off the did. make very clear what Ronald Reagan coast of North Africa who were cap- I was in the Army at Fort Benning used to say when he said no country turing American ships and taking when the hostages were taken. No one ends up being attacked because they American sailors hostage. They would at Fort Benning that I knew of was are too strong. either kill them or they would torture dying to go to Iran, but most every- b 1450 them, but they would ransom them if body I knew at Fort Benning was will- they had not killed them. At one point, ing to go and thought we should go be- What Barbary pirates have seen and I’d read that as much as 18 percent of cause an act of war had been com- what people around the world have the American budget was being spent mitted against the United States. seen, including those in Libya, Turkey, to pay ransom to get American sailors Under everyone’s interpretation of Lebanon, and Iran, is that we have back. international law, when a United been promoting weakness in the United At one point, Thomas Jefferson was States Embassy or a United States States and promoting a very weak vi- the one who was sent over on behalf of compound is attacked in any nation, it sion of ourselves around the world. the United States to negotiate with is an attack on that nation’s own soil. This story from February 22 indi- these Muslims about why they were at- It is an act of war. This is under every- cates that the pirates fired a rocket- tacking American ships. The discussion one’s interpretation of international propelled grenade at a U.S. Navy de- apparently included the question: law. stroyer that was following the hijacked Why would you attack American If you go back and if you review the yacht with four Americans on board. ships? We’ve not harmed you in any television footage of the day—and I’m Then gunfire erupted, and four Ameri- way. We’re no threat to you. We’re not relying on my memory of those days cans who had been taken hostage were threatening you. because we were certainly paying at- fatally wounded. They were killed. One history lesson indicates that Jef- tention—we didn’t know who might be I don’t know what this administra- ferson was told: Well, under our reli- sent. It turns out none of us were sent tion needs to see in the way of current gion, if we are killed while we are tak- from Fort Benning because the Carter events or why this administration will ing action against an infidel, like administration, as eloquent as Presi- not learn from the myriad of lessons Americans, then we go straight to par- dent Carter was and as peace-loving from history that when you’re dealing adise, and we’re rewarded. and as well-meaning as he was, felt with pirates, when you’re dealing with Jefferson was shocked because, as a surely these people in Iran will see how religious fanatics—people who want to man who was so well-read, he couldn’t much I care. They’ll see how much I destroy you and who could care noth- believe that any world religion would really love them, and we’ll negotiate. ing about your life, your pursuit of encourage the killing of innocent peo- They’ll be impressed by our words. happiness—you don’t placate them; ple and that the killing of innocent They’ll be impressed by our negotia- you don’t try to negotiate with them; people would gain you a trip to para- tions, and they’ll let our people go. you don’t show that, gee, we don’t dise. So he got his own English copy of But that’s not the way those folks know what to do—or what you will get the Koran, which is still over in the Li- who view us as infidels and who need to is more piracy, more terrorism. brary of Congress. He couldn’t believe be killed work. There is only one way to respond, it. He wanted to find out for himself. In fact, if you go back to your own which is the way that the United American history students will know experience—back to a schoolyard—if a States did in its early days, in the that we finally created the United bully is picking on you or especially if early 1800s, with Thomas Jefferson as States Marines. Those who are not fa- a smaller person is picking on a bigger President. Some don’t go back that far miliar with the history may still be fa- person and you don’t defend yourself and learn history. All they want to do miliar with the Marines’ Hymn that but instead say ‘‘let me pay you money is look at a fictional approach to U.S. says, ‘‘From the Halls of Montezuma to if you’ll leave me alone,’’ not only does history that says, in essence, gee, we’re the shores of Tripoli . . . ’’ Well, it was that smaller person not have respect mean; we’re colonialists; we have sub- the shores of Tripoli to which the ma- for the bigger person, but the smaller jugated people all around the world to rines were sent with the message: person will have nothing but hatred, our imperialist whims. Unfortunately, We can’t continue to pay ransom to and now you’ve added contempt be- despite all the hyperbole and the rhet- bloodthirsty religious zealots, and so cause he can’t believe somebody is such oric, what we have done is expend we are at war with you until you stop. a coward and so weak when he appears American blood and American treasure It was only then when Americans to be so big and strong that he would in the name of freedom, not just Amer- showed strength that they could not be pay someone who hates him to leave ican freedom but the freedom of Iraqis, pushed around, that they would not be him alone. the freedom of Muslims in Eastern Eu- taken hostage without a response, and rope, the freedom of people all across that there would be American blood b 1500 Europe—in France, Germany, Belgium, and treasure spent in the name of free- So you get hatred, you get contempt, Holland, Poland. All across, Americans dom to anyone who tries to threaten and you get more violence. And that is have given their lives in the name of the freedom of Americans on the high what we’ve seen. We have continued to freedom. All across the Pacific, they seas or on American soil. this day to pay the price for the mes- have given their lives, their last full Because the marines fought so val- sage that was sent in 1979 and 1980 for measure of devotion, for freedom. iantly and fiercely and fearlessly, those appearing to be so weak and helpless in With no racist view but absolutely, pirates, the Muslim pirates, learned a the face of Iranians—we were told ini- as Jesus said, ‘‘Greater love has no one valuable lesson of, gee, maybe we tially students—who committed an act than this, that he lay down his life for ought to leave these people alone for a of war and then gave our hostages to his friends.’’ while—and they did for a long time. the Iranian Government. In the case of Americans, we’ve lain Yet in 1979, after the Carter adminis- Now as I watched all this unfold, it down lives for people we didn’t even tration had welcomed back the Aya- appeared to me, as a young man in the know because the concept of freedom tollah Khomenei as a man of peace, as Army, that—you know, the Ayatollah’s was so important. one who would bring great peace to the spokesman kept coming out and talk- In our earliest days, Washington, of region, the Carter administration had ing about the students—the students course, was quite concerned that, in snubbed its nose and abandoned a man attacked, the students have the hos- having won the Revolution, we were who didn’t seem to be a very nice tages. That seemed to me, as an inex- still not strong enough to survive. So man—the Shah of Iran—and rather put perienced person in the way of foreign often you’ll see in a new government’s all our eggs in one basket with this policy but someone who had studied a trying to arise in a country that it wonderful man of peace, the Ayatollah great deal of world history, that that

VerDate Mar 15 2010 01:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.065 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1560 CONGRESSIONAL RECORD — HOUSE March 3, 2011 was their back door for Iran, that was homes. It should be a no-brainer. Pal- cumstances unless the life of the cap- their way of saying, look, we don’t estinians, so many of them, hate the tain is in imminent danger of imme- know if the United States is going to Israelis because they have no homes. diately be taken. Only under those cir- be the powerful country we’re afraid So they’re told, well, blame the cumstances are you to use deadly they might be or if they’re really the Israelis. So they do, and they grow up force. toothless tiger that we saw tuck their hating them. Well, why not, with the b 1510 tail between their legs and run out of billions and billions of dollars we’ve Vietnam. So let’s just test. Let’s talk paid out of this country to the Pal- Well, when a pirate group attacks a about the students taking the hos- estinians, why have they not used it to ship, it is an act of war by those pi- tages. Let’s talk about the students build homes so those people won’t con- rates. And this administration’s re- committing the atrocity of invading tinue to hate Israelis and hate Ameri- sponse here is just to have a Navy de- the embassy. And if America steps up cans? stroyer tag along and try to negotiate. and says you either get our hostages It’s no secret, we’re not buying affec- And they were in the process of try- back from the students within 48 or 72 tion with the billions of dollars we’re ing to negotiate, apparently, when the hours or we’re coming in and we’re ad- spending overseas. It makes no sense to rocket-propelled grenade was fired at dressing this act of war against the these countries who hate us that we the Navy destroyer and then the four United States of America and we’re keep giving them money, but they fig- hostages were killed. Well, the story was the administra- getting our hostages back, and if you ure if we’re that stupid, sure, they’ll tion didn’t want to take any action kill them, we will be at war with any- take our money, and all the while the against the pirates. We’ll just nego- body who condoned that action, and dollar gets weaker and weaker and you tiate our way through this. have more and more claims from peo- that would include the Iranian Govern- And it’s one of the problems with ment that allowed this to happen and ple we’re giving money to to get rid of being one of the most gifted orators in did not intercede when they could the dollar as a reserve currency. And American history, if you’re that gifted have. That’s what you have to do and when that happens—if it ever hap- of an orator, the temptation arises for that’s what we didn’t do. pens—then our economy is in for just you to think you can talk people into So it appeared, as it all unfolded, the fastest spiral down anyone could anything. People that hate your coun- that after 2 or 3 days the Ayatollah re- possibly imagine. Dollars are required try, when they see that you really sym- alized America is as weak as we hoped to buy much of the oil in the world. We pathize with them and not your own they were. This President Carter, he keep showing this kind of stupidity in hostages as much—certainly there’s thinks he’s a man of peace, we see him our foreign policies and there will be sympathy for the hostages—but if they as a man of nothing but weakness, as consequences. There were consequences perceive that there is sympathy for the the poorest leader the Americans could for four Americans who were hijacked pirates or for those attacking Ameri- offer. So they quit talking about the and then killed. cans, then, sure, they’re willing to ne- students have the hostages, the stu- As a former judge and State Chief gotiate, but it appears to be weakness. dents attacked the embassy, and they Justice of a Court of Appeals, when I And, obviously, these pirates in Feb- started talking about we have the hos- hear stories, I’m constantly looking for ruary were not impressed with America tages because they gave us time to evidence so that I can find out, is there when they took the Americans hos- show whether or not we would react any substance to the story that’s been tage, committed an act of war, and with strength and they saw we reacted heard? Now we see that there was a even had a naval destroyer behind be- with weakness. You can’t negotiate naval destroyer following, shadowing cause they perceived we were weak. with people like that. You instill more the hijacked boat of these Americans Well, the story about the captain of contempt on top of the hatred. who were simply going out trying to the Bainbridge that was going around And of course I filed, in all three Con- help people in the world. They were not was that for basically 3 days, the gresses I’ve been a part of—and this a threat to anyone, they were pro- SEALs were not allowed to take out Congress will be no different—my U.N. viding Bibles and hope from what we the pirates, that they could have at voting accountability bill that basi- can find out. any time. And then we heard on the cally says if you vote against the Well, how does that compare to the news during that that the captain, United States more than half the time incident of the captain of the Bain- while the pirates may have been falling in the U.N. in any year, you will re- bridge being taken hostage by three pi- asleep, was able to get out of the boat, ceive not one dime of financial assist- rates and how it concluded? There were get into the water. ance from the U.S. in the subsequent conservative talk show hosts that said, As soon as I heard that, I thought, year. Now some say, gee, that seems so hey, we disagree with so much that Wow, he was trying to give the SEALs heartless. Well, the fact is we have President Obama has been doing to this clear shots at the pirates. He must been paying money to prop up regimes country and in our name, but it looks have figured, as I did, that they surely like Mubarak’s. Is it any wonder that like he got this one right. Well, a story would have taken an open shot if they the report is he has billions of dollars was circulating—and I was curious knew they wouldn’t jeopardize the in the bank when we’ve been paying whether it had truth to it—that when American captain. And so by his jump- Egypt billions of dollars that doesn’t the SEAL team was deployed, the order ing out of the boat, it gave them a appear to have really gotten to the was a little different than normal, clear shot to take the pirates out with- people and helped them? We’re doing it where instead of the order saying go out jeopardizing the captain; but no all over the world. We’re paying ty- rescue their hostages and they put to- shots were fired. That surely had to rants who hate us and would like to see gether their own game plan for how perplex him. It sure did me and many our way of life destroyed with Amer- you go about achieving the goal that’s others. Why didn’t they just take out ican treasure. It doesn’t buy love, it ordered, that this order was a little dif- the pirates before they drug him back doesn’t buy happiness, it buys con- ferent, it just said go to the ship and in the boat? tempt. And as I’ve said repeatedly, you receive further orders there, a little But our American SEALs did noth- don’t have to pay people to hate you, different for a SEAL team, that’s what ing. Not because they couldn’t or they’ll do it for free. we were hearing, and that they did the wouldn’t; but the story was they were In a time when the United States is drop at night. They had the SEAL doing that because the President had struggling so with economic issues of team there, and for basically 3 days issued an order that they were not to just staying afloat, why should we be they had a bead on all three of the pi- use deadly force. And the story was paying tyrants that hate us and paying rates in the boat with the captain they going that the captain, when he went people who have not helped their peo- had taken hostage, and that at any mo- out of the boat and these guys came to ple? I mean, you look at the money ment they could have taken out all their senses, that they put their guns that we poured into the Palestinian three pirates for that 3-day period. But down to grab him and put him back group and see how much of the money the story went, what was circulating, into the boat and therefore he was not we paid in to help the homeless Pal- was that the President’s order said do under immediate threat of death so the estinians has been paid toward building not use deadly force under any cir- SEALs were not allowed to kill him.

VerDate Mar 15 2010 01:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.069 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 3, 2011 CONGRESSIONAL RECORD — HOUSE H1561 It must have perplexed the captain to what President Carter had shown on wonderful man, I don’t know how much that nothing was done when he got out. behalf of this country. education, but a smart man, great wis- But nothing was done. The story went And now we see it on the high seas. dom, he said, in essence, we wanted to that these SEALs were following or- We have a naval destroyer. We have make sure you understood as Africans ders. SEAL teams. We have Army, Navy, we were excited when you elected a And then came an occasion when one Marines, Coast Guard, we have Air black President. We were excited. We of the pirates that had a gun on his Force that can achieve things nobody thought it was wonderful. But since he arm or over his shoulder waved his in any prior service could have ever has been President, we’ve become very weapon in the direction of the captain dreamed could be accomplished. We concerned and a bit afraid because we and that that’s when the SEAL team have a better military than I ever see him showing weakness for America. commander realized he’s waving his dreamed we could have had back when And we need you to please convey in weapon at the captain, we cannot take we had just gone to an all-volunteer Washington that America is the hope a chance. The order to shoot was Army and I was concerned about our for people, Christians like him. People given—that could have been given any- national safety. Amazing military. who want peace around the world, time for 3 days and ended that terrible Smart, motivated. And yet despite we’re their hope. And if you show ordeal—was given not by the President that, we’re showing weakness. weakness, and if you weaken America, but by the commander on the scene. Now, the story that was going around we don’t have hope in this world. And our well-trained SEALs did a re- was that the captain that ordered the As Christians, they knew where they markable job in taking out two of the fire got a hot call from the White would go in the next life. But they also pirates and rescuing the captain. House saying—really chewing him out, knew that America stood for hope in The story went it could have hap- that the SEAL team around didn’t this world. And when we show weak- pened anytime, but the order of the know what was being said but they ness, as we have been doing, then it President restrained them from doing knew that their commander was get- signals the tyrants to have their way. that because he was convinced they ting chewed out royally. And sup- And we’ve got to stop that. could just surely know how good and posedly the story that was circulating Now, may I inquire how much time is loving and peaceful we were and they was that he eventually said, That’s remaining? would eventually let these folks go. fine, sir, and that apparently wasn’t The SPEAKER pro tempore. The gen- Because this administration appar- the President but said, You can tell the tleman has 25 minutes left. ently had not learned the lesson that President that if he wants to continue Mr. GOHMERT. I wanted to shift Thomas Jefferson had to learn. You this rear-chewing of me and my team, gears because we have been doing so can’t deal with peaceful negotiating ef- we’re going to arrive at Andrews Air much talking about the continuing res- forts or even paying people money or olution, which is just an ongoing fund- snubbing your allies and friends to try Force base, wherever they came in, at a certain time and the media knows, ing of the way things are going, except to convince them that you’re really a for amendments that have been adopt- great person they ought to love. Those and you can dress them down there. Or you might want a good photo op and ed to the CR. And we have talked so things don’t work. You have to go to much about health care and the Presi- war against them and let them know you could be there—told the President he could be there to congratulate dent’s bill that many call ObamaCare. when they attack Americans, when And in the CR that was debated for they attack America that we are com- them. And of course there was a wonderful photo op, and these great heroes over 90 hours, with an open rule until a ing after them. unanimous consent agreement was We don’t have to be at war with a were welcomed by the President as he reached, you know, 80 hours or so into country. We don’t have to be at war should have. the debate, it was the first open rule with an entire race or group of people. That was the story going around we have had like that in years. Cer- There’s no need in that. But you go to back after the attack on the Bain- tainly we didn’t have such an open de- war with the people that are at war bridge. bate and an open rule during the last 2 with you, and this administration has And so ever since then, I’ve been years during the Democrats’ control of not done that. looking—I’d heard this story. I was We have four Americans who are wondering is there any evidence of the majority in both the House and the dead. Obviously, this administration similar activity that might give sub- Senate. We didn’t have an open rule didn’t want Americans to die. Of course stance to that story. And how we han- here. And we were advised that it was they didn’t. That’s a terrible thing. dled these four Americans, these lov- the first time in America’s history that And they didn’t want it—would loved ing, caring Americans being killed on there was not an open rule where you to have avoided it, certainly. But it’s the high seas seems to be that kind of could bring, anybody could bring not enough to intend good con- evidence, that this is our mode of oper- amendments to the floor and offer sequences. You have to study your his- ation. You commit an act of war them to a bill. tory lessons and do so objectively, against Americans, you commit an act Now, it’s not a pretty thing to watch, learn from history so you don’t repeat of war against our ships, and we’re all that debate going back and forth. the mistakes of the past. And that’s going to send a Navy ship to follow you And I know I hear some people say, you what we’ve been doing. and try to offer you bribes to leave us know, you guys shouldn’t bicker so And as much as I respected and think alone and leave the people alone, but much back and forth, but they show a Ronald Reagan was one of our greatest you don’t have to worry much. lack of knowledge about what the Presidents, in 1983 when our Marine Founders intended. And Justice Scalia b 1520 barracks was blown up and we with- put it so well to a group when one drew from Beirut, it appeared to be fur- But after the rocket-propelled gre- asked do we have more freedom in ther evidence of weakness. And I can’t nade was fired, it all went bad and four America because we have the best Bill help but believe from people I’ve talked Americans are dead. It’s shocking. We of Rights in history. And Scalia, as to that were part of the administration need to show strength. only he could do, abruptly said, basi- that if he had to do it all over, he And I was a year ago in April in West cally, well, no, even the Soviet Union would do it in a different manner. Africa with a group called Mercy Ships had a better Bill of Rights than we do. But he had advisers telling him accu- that brings healing. The lame walk, And I had forgotten, but back in col- rately we’re in Lebanon on a peace- the blind see. They bring a ship into a lege, during one of my history and keeping mission. We have finished the port of a country that needs health world courses, I had written a paper on mission. There is no need to keep stay- care and they provide treatment to the Soviet Government and their Con- ing there. Let’s go ahead and get out. thousands of people. And I had gone to stitution, their Bill of Rights. There’s no reason. We’ve finished our see this for myself. And Justice Scalia was exactly right, job. Let’s get out before any other And before I left the ship after the they had more promises in their Bill of Americans get killed. days there over the Easter break, some Rights than we do. But as Justice The problem was when we did, it ap- of the West Africans wanted to visit Scalia so aptly pointed out, the reason peared to be follow-up weakness added with me. And the oldest, a wonderful, we have more freedoms in America

VerDate Mar 15 2010 01:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.070 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1562 CONGRESSIONAL RECORD — HOUSE March 3, 2011 than any country in history is because that supposedly General Electric would abortion in Federal funding; you would the Founders did not trust govern- handle because they are good cronies only find a restricted group, that kind ment, so they put as many impedi- with this administration; and they of really clever hiding what was going ments in the path of creating laws as would take care of every American’s on. they could. Because they knew if they records because the Federal Govern- I passed over a lot of the numbers made it too easy to pass laws, then it ment would have control of all of that. that were utilized. So it was a bit sur- would be too easy to subjugate Ameri- And not only that, they would take prising to find out here recently, and cans and take away their freedom and control over all the health care insur- going back through, and Ernie Istook, have government get bigger and bigger ance companies. They would take con- a former Member here I served with, until they basically took away people’s trol over ordering what would be allow- now with the Heritage Foundation, freedom and their way of life to which able under health care, what would not yesterday provided me with copies of they had become accustomed. They be allowable under health care, all in specific pages of the bill. Again, this is knew that. They had seen that. They this massive bill that would provide for public law 111–148 and 111–152. learned that from their vast reading of supposedly hundreds of thousands of But if you looked at, let’s see, con- history. regulations that would follow to inter- solidated print -26, here it says down They had such great knowledge of pret those 2,900 pages. here: Hereby appropriated to the Sec- the writings of the philosophers and They could never have imagined that retary out of any funds in the Treas- historians. They understood all that. it would get that bad in this country ury, not otherwise appropriated, $30 They did not trust government. So that the system they created to throw million for the first fiscal year. they were not going to be satisfied to obstacles in the path of government And it goes on, and another page have one House as a representative creating laws that the American people says: There are hereby appropriated to body because it might be too easy for did not want, and certainly not that a the trust fund, the following, and it ap- one body, one group to take over con- majority of Americans didn’t want, and propriated 10 million for this, 50 mil- trol of that one House and then ramrod by golly, they got it through. They lion for that, 150 million for that, an- through all types of oppressive legisla- rammed it through. They used carrots. other 150 million, another 150 million. tion like ObamaCare, for example. They dangled benefits. They added all And you go through these, and it’s So they were so worried about that kinds of pork to bills. staggering how much money was actu- they created a second House of Rep- ally not authorized, but they used ap- b 1530 resentatives, ended up being called the propriating language. Because, as Senate. And they were selected a dif- They threw in something for the big many people know, and I am finding ferent way, by the State legislators, so pharmaceuticals. They threw some- more and more that are watching C– that they would be responsible to the thing in for the trial lawyers. They SPAN, but they know, gee, normally State legislators so that they wouldn’t threw something in for the AMA. They you have a budget. Well, there was no end up taking away States’ rights, and certainly threw a big juicy bone in budget last year. The majority didn’t certainly wouldn’t allow the House of there for AARP—well, a bunch of juicy want people to see exactly how the Representatives to take away a State’s bones, actually. They threw all these money would be budgeted, so they rights. things in for all these interest groups didn’t bother with one in election year. So they thought, gee, two Houses. except for the one who poll after poll First time in decades, as I understand But even that wasn’t good enough be- said we don’t want it. Don’t do this. it. But we didn’t have a budget. And cause they realized, you know, we You promised us you would negotiate then we had this, beginning of this con- could do like as has been done before a health care bill on C–SPAN and we tinuing resolution stuff. But normally and have a Prime Minister elected by would be able to see who was out for you will have a budget. You will have the legislative body, and he would be the people. So all the people could as- an authorization for expenditure, but the top executive. It’s not good enough. sume was that because none of that then it had to be followed up with an It’s not enough of an impediment or an was done on C–SPAN, other than a dog appropriation. obstacle to passing laws. We still want and pony show after it was basically Well, ObamaCare went straight to it to make it harder to pass laws. So let’s done and about to be crammed down and appropriated vast amounts of create a separate executive branch and the Republicans’ throats anyway, we money. In fact, in this first year of have the Executive, the top Executive, had a little summit and it got 2011, fiscal year 2011, there is $4.951 bil- the President elected by the entire crammed down our throats anyway and lion appropriated in the bill. They ap- country, and at least elected by the en- Americans didn’t want it. parently not only overran all the ob- tire country’s Representatives. But Well, I did go through the original stacles and hurdles that the Founders that was going to be a different format. 1,000-page bill. I went through the 2,000- put in our way to come up with so that And then they set up the judiciary page bill. I put off going through the we would not come up with legislation branch. And both the President could 2,900-page bill because who knew if that Americans did not want, they veto and even the judiciary, as it there would be a fourth or a fifth on overcame that. Then, just to make sure turned out, was going to be able to top of that. I didn’t want to end up that it would be difficult to ever stop veto things if it got through the House going through yet another bill that this by unfunding it, they actually and Senate and yet took away some wasn’t going to be the one that really didn’t just authorize, they appro- constitutional right. They thought was the one that was seriously going to priated $105.464 billion in this they created a good enough system be made law, so I put it off. ObamaCare bill, over $105 billion from that wouldn’t be as abused as the en- And when I got around to going 2011 through 2019, $105 billion. tire system was in the last few years. through and reading the 2,900-page bill, Now, the rules get a little com- They could not have imagined that a you know, I will admit, I was wanting plicated around here, and any amend- 2,900-page bill, ObamaCare, could have to look at what the sections did, their ment that seeks to rescind a prior ap- been crammed down the throats of effect. And so I was struck by finding, propriation is going to be subject to a American citizens that poll after poll really, ingenious or insidious language point of order objection and not be al- showed did not want it. They would and drafting provisions, depending on lowed because it legislates in an appro- never have imagined that the Senate your viewpoint, for example, with abor- priating bill, and under our rules you would not be independent enough and tion. There was a section there saying, can’t legislate in an appropriating bill. would be so taken over by one political you know, you couldn’t have Federal So the only way—and these people extremist group that they would pass funds for abortion, but over in the sec- that put this language in here, they through such an oppressive bill that tion that was going to allow it, instead knew it. When they were telling Amer- would force a government takeover and of mentioning the word ‘‘abortion,’’ it ica we know we are broke; we have got government control of everybody’s just referred to the section. So if you to rein in spending, all the while they health care, that would force every went online and did a word search for were sticking in $105 billion of spending American to have their medical the word ‘‘abortion,’’ you wouldn’t see in one bill, not authorizing, not saying, records sent to a central repository all of the provisions that allowed for gee, you may not be able to afford this

VerDate Mar 15 2010 01:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.072 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 3, 2011 CONGRESSIONAL RECORD — HOUSE H1563 5 or 6 or 7 years from now. So, instead, great-grandchildren can have freedom these people to come. And what they they just said we are appropriating it like you had it? You can’t control got was the friends that they had in- and you can’t do anything about it, be- that? You’re an irresponsible parent, vited saying that they wanted to string cause under the House rules you try to and you shouldn’t even have these chil- up, basically lynch, one of the most bring up an amendment to rescind dren if you’re going to do that. I’ve honorable people in the America, Clar- that, it’s subject to a point of order ob- heard the Child Protective Services in ence Thomas, that came from the most jection and we can keep it from coming Texas come in on a lot weaker claims oppressive background and fought and out. to take children away from parents worked his way up, as he would tell The only way that I understand that than that. It’s irresponsible what we’re you, with the help of loving grand- this $105 billion that’s now been appro- doing. And to pass a bill that was parents to the status that he has, and priated by the last Congress, the only against the vast majority will of the they want to do a high-tech lynching of way that can be taken out is to have a American people and to stick in $105 him now. provision in the original bill from the billion of spending is just irresponsible. Except the people that they stirred appropriators, not an amendment, a It’s got to stop. up aren’t going to be satisfied with provision that rescinds this $105 billion On one final note before my time high tech. They want to lynch him, and of appropriations in this prior law from concludes, having been a judge and a they want to lynch his wife. And when last year, and it’s in the original bill. State chief justice, I’m sensitive when you look for evidence, well, have they And then the Rules Committee waives I hear judges threatened. And espe- been saying this all along about other any point of order objections to that cially in the wake of the GABRIELLE incidences that were similar? Well, rescission being in the appropriating GIFFORDS shooting and the loss of life when we got a national leader of the bill. My understanding is that’s the in Arizona, we really should not be pro- ACLU, they never mentioned one word only way we can get it done. voking actions to the point of violence about perhaps she should recuse herself The amendments we were trying to or threatening actions. And I have cer- from things that involve the ACLU, do and that we got done apparently are tainly had my share of death threats as and our sympathies go out any time not going to accomplish that. We are a judge. But it was usually only when anyone loses a spouse, but when people going to have it in an original com- they included my family that it got se- on the Supreme Court who came from mittee bill rescinding all of this mas- rious. And we have a group that’s held leftist backgrounds had spouses that sive amount of money. Right now, we itself out for years now, Common had direct interests that were affected, will be borrowing 42 cents of every dol- Cause, as this wonderful nonpartisan Common Cause was silent. Oh, no, they lar of that $105 billion. It’s irrespon- group. And yet you see over and over, raised their money on going after peo- sible. It’s almost inconceivable, except like you did here recently with the ple that are mainstream conservatives here it is in black and white in front of rally they held in California with Van and believe in the Constitution mean- us. Jones—such an impassioned socialist— ing what it says. America deserves better than this. speaking and stirring people up against And after bringing this up at a press I told some folks back home, I have Justice Thomas and Justice Scalia. conference this afternoon, we get word mentioned before, it strikes me that Justice Thomas himself, after one of that Common Cause has come out and this government in this last not just 4 the most embarrassing episodes in said, we apologize. We never meant for years, but even going back into the American history, the way he was them to say that. No, actually, that’s last few years and especially the TARP treated as he went through the hear- not what they said. They came out and bailout that was such a disaster and ings for confirmation to the Supreme said—this is laughable—they didn’t should never have been passed, that Court, he said himself, it’s a modern come out and condemn people that this government became like a parent day lynching, high-tech lynching. And want to lynch a Supreme Court justice who had an overwhelming desire to in his book, ‘‘My Grandfather’s Son,’’ or justices and their spouses, family spend and could not control their own where he describes coming out of pov- and torture them and do these terrible spending. erty, severe poverty, and making it on things. No, it didn’t say anything So the parent goes to the bank and nothing but hard work and his brilliant about that. It just said this is laugh- says, You have got to loan me massive intellect he achieved the great heights able because they are still raising amounts of money. And the bank says, he has. And I have heard him say him- money. And it is time the Justice De- How are you going to pay it back? You self, he started out in college as an partment started being fair about jus- are not going to live long enough to angry black man and left-wing extrem- tice and not ‘‘just us’’ at their Justice ever pay this back. And the parent ist who came to realize more oppres- Department but look into Common says, No, but I have got my children sive government is not the answer. But Cause and look at whether they really here, and they are going to have chil- he also came to see firsthand, as he has deserve to be called ‘‘not for profit’’ dren and those children will have chil- described it, that if you’re an African and ‘‘nonpartisan’’ because what they dren. So my children, my grand- American and you spout the words that are doing to stir up Americans against children, my great-grandchildren, I am the liberal left tells you to say, then honorable Americans is intolerable. pledging they are going to pay back all they love you. But if you dare—as he America deserves better. of this self-centered massive amounts points out, otherwise I wouldn’t use The adage is, Democracy ensures— of money I am throwing upon me and these words—but he says if you dare to America, any country—Democracy en- my friends, and I am pledging and step off the plantation and think for sures that people are governed no bet- promising my children will be inden- yourself, then here comes all the ter than they deserve. My hope and tured servants for the rest of their groups that come after you. And we prayer is we deserve better in the next lives because I can’t stop spending. have seen that with this attack from election. Now, in a case like that, you would Common Cause that they are using to f probably have the Child Protective fundraise this attack after Justices THE EPIC STRUGGLE OF PUBLIC Service come swooping in and say you Thomas and Scalia. SERVANTS are an unfit parent. You have no busi- And, again, I look for evidence, are ness having children when you are sell- they nonpartisan? Well, it seems like The SPEAKER pro tempore. Under ing your children’s future for your own they only come after conservatives, the Speaker’s announced policy of Jan- use of money now. How irresponsible mainstream Americans, but they en- uary 5, 2011, the gentleman from Ohio that is. Do you care nothing about the courage left-wing extremism on a (Mr. KUCINICH) is recognized for 60 min- children that you can’t quit lavishing wholesale basis. But to be attacking utes as the designee of the minority all that money and paying your friends Justices Thomas and Scalia and stir up leader. for doing nothing? sentiment, they sent out the e-mails Mr. KUCINICH. Mr. Speaker, today urging people to come, they sent out in the State of Ohio, the State of Wis- b 1540 the notices of what they were doing, consin and the State of Indiana there You can’t control your spending, so urging people to come. They knew who are epic struggles underway where that your children, grandchildren and they were sending those to. They urged those who serve the public, who teach

VerDate Mar 15 2010 01:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.074 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1564 CONGRESSIONAL RECORD — HOUSE March 3, 2011 our children, who police our streets, But you tell the public that these profits. Privatization is inevitably a who fight the fires and who perform a public workers are overpaid. And this racket. myriad of services at a State, county new law, Senate Bill 5, would enable As a Member of Congress in my home and municipal level, are under attack. the State of Ohio to do this, you then district in Cleveland, the Defense Fi- Their wages are under attack and their say we are going to privatize this sec- nance Administration wanted to pri- benefits, pensions and working condition of the workforce. We are going to vatize a number of accounting jobs in tions are under attack. And these pub- put the work out for bids. We are going Cleveland. Mr. Speaker, I had a 7-year lic workers are being made the scape- to get a private company in here to do battle with the Defense Finance Ad- goats in all of the budget challenges it. And oh, we promise it will be done ministration where we proved that the which States face. They are now blam- more efficiently. taxpayers were getting taken for a ride ing the workers. While the taxpayers then go to sleep, in this privatization plan that was Our whole economy has been turned they wake up one day and they dis- being promoted by our government to into a somewhat efficient engine that cover that what has happened is that the tune of tens of millions of dollars. takes the wealth of the American peo- they have permitted a privatization of We reversed the privatization. Privat- ple and accelerates the wealth to the their services and they end up inevi- ization is at the core of this battle in top. That, after all, is what our tax sys- tably paying more and getting less. Ohio because the assets of the State tem is about. That’s what Wall Street The corporations walk away with the are worth countless billions of dollars. is about. That’s what banking is about. profits; the privatized workers get paid You can take a workforce that is That’s what our energy policy is about, less in order to enable the corporations over 300,000, about 350,000 public work- taking the wealth of millions and giv- to make more money. ers in Ohio, that would be affected by ing it to a few oil companies. If you ex- So ultimately what Senate Bill 5 in S.B. 5. There is not a service that can’t amine every area of our economy, Ohio will do is end up costing the State be privatized, but then the public you’ll see that we’re at a time in the government even more. There is not doesn’t have any control over it. They history of America where the rich going to be any savings when you set can’t call up their elected official and truly are getting richer, the poor are the stage for a weakening of workers, complain about a service that is getting poorer, and the middle class is when you set the stage for making it privatized. They have to call up the getting destroyed. illegal for them to strike and then corporation. And they end up paying Enter public workers, people who knocking them out with replacement more in taxes. People need to under- have dedicated their lives to public workers and then setting things on a stand that. States have budget difficul- service, people who are truly public path to privatization. That is what this ties they have to deal with. I’ve got servants in the truest sense of the bill is about. that. I understand that. States need a word, people who were told that if they You look in Wisconsin, and I believe revenue-sharing plan from the Federal agreed to public service that they it was Paul Krugman and others who Government, but the Federal Govern- would have certain guarantees. And so pointed out that in Wisconsin, there ment doesn’t have the money right they dedicated their lives. was a provision in the Wisconsin budg- now. Why doesn’t the Federal Govern- b 1550 et from the Governor of Wisconsin’s ment have the money? Well, how about Ohio has a new Governor, a person bill, it says sale or contractual oper- the fact that the Federal Government who I served with in this House, and ation of State-owned heating, cooling, is spending trillions of dollars on wars, from the moment he has come into of- and power plants, saying that the de- one of which is based on lies, the other fice, he and his supporters, have run an partment may sell any State-owned one based on a misreading of history. agenda that is aimed at vitiating the heating, cooling, and power plant, or Joseph Stiglitz, a Nobel Prize win- rights of public workers. This resulted may contract with a private entity in ning economist, in his book with Linda yesterday in the passage by a single the operation of any such plant, with Bilmes, it’s called ‘‘The Three Trillion vote in the Ohio Senate of S.B. 5, a bill or without solicitation of bids. Dollar War,’’ has stated that the cost that will strip collective bargaining So you can have a private contractor of the work in Iraq will run between 3 rights just about across the board from just give it away without any bids at and $5 trillion, just to U.S. taxpayers; public workers, that would take away all. They are power plants that serve the cost of the war in Afghanistan is public employees’ right to strike, that facilities in the State of Wisconsin. already over half a trillion dollars. The would make the penalty for a strike re- These are the kinds of thing that we long-term cost of that, since we are moval with replacement workers that can expect in Ohio, except in this case still in a period of acceleration of that will open the door to privatization of we are talking about the privatization war, will certainly go into the trillions services. of public services. Now, the privatiza- of dollars. Now, my read of what is going on in tion of public services in a way is well We saw a couple of years ago Wall Ohio, which is my home State, is this: established already, unfortunately. Street come to this Capitol. Suddenly, That by attempting to crush public The AFL–CIO Public Employee De- the waves parted: $700 billion in loans workers, by telling them you will not partment produced a paper which talks when Wall Street was flagging. That have any ability to negotiate your ben- about when you get into privatization, could have been anticipated that Wall efits, you will not have any ability to the public ends up having really little Street would create incredible specula- negotiate your working conditions, accountability on the question of pub- tion when Glass-Steagall was effec- your health benefits, your pension, lic funds. They point out that private tively repealed when they took down these provisions are not subject to dis- business has no business allocating the wall that separated commercial cussion; the number of people working public funds or monitoring the use of from investment banking. Those who with you at any time, not subject to public funds. It is a question of fiscal were the cops on the beat kind of discussion. What has happened is that accountability. walked away while this bubble was we have seen accomplished an eco- Look, we know when there are mas- building on mortgage-backed securi- nomic attack on workers which will sive amounts of money available that ties, hedge funds, speculating, inflating lead to them working for less, but goes from the public sector to the pri- the bubble, it burst, and all Americans opening the door to privatization vate sector, let’s take Iraq or Afghani- got hurt. But all Americans didn’t get schemes which, Mr. Speaker, works stan with respect to contracts, billions made whole. Most Americans have ex- like this: You make public workers the of dollars disappear, get wasted. It ends perienced a 30 percent drop in the value issue. You say that they are paid too up being a racket. Reduce it to a State of their mortgages while Wall Street is much when I have here a matter for level, and you have the potential for enjoying record profits once again, the record from the Economic Policy fraud. You have the weakening of the while Wall Street, once again, is expe- Institute which says that Ohio public community’s ability to assert collec- riencing high salaries and high bo- sector workers are undercompensated tive interests. And as I said, the result- nuses. compared to private sector counter- ing savings that taxpayers are being Not on Main Street, though. On Main parts. But facts, unfortunately, mean told will occur are actually directed to Street, they have 15 million unem- little in this debate. the corporations so they get higher ployed, 12 million underemployed, 50

VerDate Mar 15 2010 01:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.077 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 3, 2011 CONGRESSIONAL RECORD — HOUSE H1565 million people without health insur- This isn’t a dictatorship. Yet S.B. 5 Mr. Speaker, I went to Columbus, ance, and 10–12 million people whose sets the stage for a kind of dictator- Ohio, and stood with thousands of homes are or have been in jeopardy. ship, top-down. These are your working workers. I stood with firemen and po- So then you go back to the State conditions. Take it or leave it. These licemen and teachers. I stood with peo- level where States are pressed, but are your benefits. Take it or leave it. ple who care for children and seniors. States are pressed in part because of Don’t ask any questions. Shut up and These people are people who have dedi- the mismanagement of the national go to work. cated their whole lives to public serv- economy and because we have a mone- When did America buy into that? The ice. They have a middle class standard tary policy that has worked for Wall minute we buy into that kind of men- of living because they have that dedi- Street but it certainly hasn’t worked tality, how does that separate us from cation. They are people who are not for Main Street. So by the time this de- what’s happening in China? I want peo- our enemies. They are our friends. bate gets down to a State level, those ple to focus on this for a minute. We They are our neighbors—and they serve executives who are more inclined to- passed a trade agreement with China, us. wards a corporate point of view are China Trade, which I voted against, Since when are we now faced with saying, look, easy, we’ll just knock out which had no provisions for workers’ looking at those who serve us as being the public unions. rights, human rights or environmental opposed to us? How did our country get b 1600 quality principles. that way? Why can’t we come to an un- A month ago, I had some paper work- But there are serious implications to derstanding? We have a collective in- ers in my office from Washington this type of thinking, because what we terest here. Why can’t our Governors State, and they showed me how many are actually doing is setting aside an tell the truth about what’s really hap- jobs in their industry have moved out entire struggle that has been part of pening?—which is that States are get- of Washington and how many plants America’s history that we should all be ting strangled because of policies at a for their industry have opened up in proud of. The civil rights movement is Federal level that are making it much part of America’s history we should be China. It’s amazing to look at a map more difficult for States to be able to proud of: the civil rights movement and see, well, they were here once, and get any assistance at all. which resulted in constitutional now these same jobs are in China. I have not run into any single labor In China, workers don’t have any changes; which recognized the rights of leader who said that they did not want rights. There is no right to collective all citizens as being equal, truly equal; to negotiate the issues that are at bargaining in China. That’s not part of the civil rights movement which ac- hand. I’ve not run into any labor leader corded women an equal place in our so- the discussion. The government of who didn’t understand that State budg- ciety, of course with the exception of China is run under a different philos- ets are tight and that they want to pay; but nevertheless, the potential for ophy. Workers don’t have a right to make sure that States can meet the an equal role in our society is some- strike in China. There’s no right to de- needs of all the people. But this top- thing we should be proud of. cent wages or benefits. Oh, yes. It’s down approach, this political approach With that civil rights movement, the called Communist China. Excuse me. to dictating what the conditions are labor movement moved the pace, and As part of a democracy, we assert— and what the rights are for State work- that labor movement was about lifting and have a right to assert—that workers, sets the stage for an estrangement everyone up, not just those who were ers here do have a right to collective of people from their own government. members of unions. Unions came about bargaining, that they do have a right So we have to look at the issue of because workers were being crushed; to join a union, that they do have a collective bargaining. In the State of they were working in awful working right to strike, that they do have a Ohio, we have to understand that the conditions; they were subjected to right to decent wages and benefits, fact that they have collective bar- forms of slave labor; they were working that they do have a right to a secure gaining makes strikes less likely. This long hours and were paid very little; retirement, that they do have a right law was passed in 1983 in Ohio, and col- they were working under conditions to a safe workplace, that they do have lective bargaining actually provides for that put their lives in jeopardy. Amer- a right to be able to challenge legally the public’s health, safety and welfare. ica had a tradition of child labor at one an employer who maintains an unsafe This bill, Senate Bill 5, is aimed at time. All that changed with the laws workplace. They have the right to par- eliminating collective bargaining. It that were passed in this Chamber. ticipate in the political process. would not only prohibit the State from We should be proud of what America So many of these rights are under at- being involved at this point in collec- has been able to accomplish in lifting tack at the State level today, and this tive bargaining for the purpose of bene- up the status of working people in our has an effect not just on public workers fits and working conditions, but it society so that you could have an 8- but on all workers, because if America would also prohibit counties, cities, hour day, so that you could have a safe begins to take down the hard-earned and other local government employers workplace—so much so that today we rights of workers, whether it’s in the from continuing to negotiate employee understand that intimately linked to public sector or the private sector, and benefit plan coverage and also to set the very nature of our democracy is if we try to justify it, here is what we community-based standards for public the right to collective bargaining, can look forward to: employment. which is the very right that is under We can look forward to lower wages; attack in Ohio and Wisconsin and Indi- we can look forward to people having b 1610 ana and other States across this Union. zero health benefits; we can look for- The right to collective bargaining is ward to people having zero pensions; What of home rule? I mean, at a being able to assert a First Amend- we can look forward to workplaces be- State level, cities that are home rule ment right of association. It is being coming less safe; and we can look for- should be able to make these decisions. able to assert that workers have a ward to becoming a little bit like our This flies in the face of a constitu- sense of agency and to know, in a soci- trading partner in China, which, by the tional right which cities have for home ety where capital can be amassed in way, has about a $200 billion trade ad- rule. tremendous sums, that one individual vantage with the United States out of Senate bill 5 is really an attack on has the right to be able to assert his or a trade deficit that is in excess of $450 quality public service. It represents a her rights because they have represen- billion. destructive undermining of the com- tation, because there is a law that says So are we exporting our democracy? pact between government and their they have the ability to be able to have Are we importing values that are es- workers. It changes the whole relation- an influence on how much they are tranged from a democratic society? ship. And it cannot do anything—can- paid and on what their benefits and That’s really the question that we have not do a thing to improve the quality their working conditions will be. to ask ourselves if we think that what of service. That’s the essence of what it means happens in Wisconsin doesn’t relate to Look at some of the biggest indus- to be a democracy: that workers have a us or if we think that what happens in trial corporations in America. They say and that it’s not top-down. Ohio is none of our business. had their battles with labor, but they

VerDate Mar 15 2010 01:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.079 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1566 CONGRESSIONAL RECORD — HOUSE March 3, 2011 also understood that by having a work- ican Stickup.’’ And the subtitle of it, ment. They are the ones who provide force they could work with—the steel- so that you know that I’m not partisan service. workers work with the steel industry here, Mr. Speaker, the subtitle of it is, I served at a local level, Mr. Speaker. to produce a quality steel product, the ‘‘How Reagan Republicans and Clinton I was a councilman. I served as a autoworkers work with the auto indus- Democrats enriched Wall Street while mayor. I served at that local govern- try to produce a quality car. In aero- mugging Main Street.’’ I won’t get into ment where government is really close space, we have some of the best tech- that too much, but I do want to quote to people. It provides an opportunity nology in the world, and the industry from Mr. Scheer’s book. where people can get on the phone and works with unions. He talks about how two University of say, hey, Mr. Councilman, we need The whole idea about being able to California economists, Emmanuel Saez somebody who’s going to fix this negotiate for your wages, to be able to and his colleague, Thomas Piketty, street. Take care of it. Well, there’s po- negotiate for your benefits is so that they analyzed U.S. tax data and other litical accountability. You get enough you can elevate the condition of your supporting statistics, and they con- calls, it’s not taken care of, you won’t family and yourself. These aren’t self- cluded that the boom of the Clinton be reelected. ish people; they’re people just trying to years and afterwards primarily bene- But that control that comes from make a living. They just want to con- fited the wealthiest Americans. people in the neighborhoods to city tinue to do their work, to have an op- During Clinton’s tenure, from 1993 to hall, when you break unions and you portunity to negotiate their pay, to be 2000, the income of the top 1 percent set the stage for privatization of their able to negotiate their benefits—to shot up at an astounding rate of 10.1 jobs, you break that, you break the tie. percent per year while the income of have benefits—so that then they can go b 1620 home and put food on the table and the other 99 percent of Americans in- maybe be able to send their children to creased only 2.4 percent annually. In Then it’s the government at the top a decent college and maybe be able to 2002 to 2006, the next surge of the boom that has to do with the corporations to put a few dollars aside, maybe be able that Clinton’s policies unleashed, the make sure their workers are doing to save a little bit for their retirement numbers were even more unbalanced. right by the people. in addition to a pension plan that they The average annual income for the bot- The essence of democracy is account- have at work. When has that become tom 99 percent increased by only 1 per- ability. The essence of democracy is asking for too much? cent per annum while the top 1 percent that people have the ability to be able I think it was Rachel Maddow the saw a gain of 11 percent each year. Fur- to contact their government and be other day had something that was a ther, just as the good times of the Bush able to change conditions if they don’t joke on her show where she talked years saw almost $3 out of every $4 in like it. And also the essence is service. about—I’ll paraphrase it: people sit increased income go to the wealthiest 1 People pay taxes, they should get down at a table and you’ve got a CEO percent, the GOP cut taxes for the something in return. sitting at a table and you’ve got work- richest brackets. And yet the public workers who are ers and a tea party member sitting at So as I said at the beginning, the being attacked in Ohio and Wisconsin a table and there’s 12 cookies on a whole economy is being converted to and other places are the focal point of plate. The CEO grabs 11 of those cook- an engine that takes the wealth of a great debate over whether or not we ies and then the worker goes to get America and puts it in the hands of a will continue to have something that that remaining cookie and the CEO few. How can you maintain a democ- we call government of the people. says to everybody at the table, Better racy that way? An economic democ- All across this country, Mr. Speaker, watch that person, he’s trying to take racy is a precondition of a political de- there are Governors who are facing your cookie. This is what’s going on in mocracy. budget shortfalls, and they’re watching State after State. The minute we start attacking what events very carefully in Ohio and Wis- And this is actually what’s hap- people make, the minute we start put- consin to be able to determine how far pening in our economy, where it’s ting pressure on people’s wages—and they’re going to go. We’re looking at working people who are the target of keep in mind, it’s okay with Wall cutbacks in pension benefits, cutbacks this attack. And it’s not only at a Street to have 15 million Americans in health benefits—some of which the State level. Every worker in America out of work. Why? Because that creates representatives of the workers are ac- understands the downward pressure on a big labor supply, which does what? tually agreeing on in order to keep the wages unless you’re on Wall Street. Keeps wages down. So instead of hav- jobs. Every worker in America knows that if ing a full-employment economy—which But we’re also looking at this par- they don’t have job security they can’t really ought to be what we should ex- allel attempt to knock out bargaining plan for anything. pect in a democracy, that everyone rights. What does one have to do with There are so many people in America who wants to work has a place—we the other? If people don’t have the who are a single paycheck away from have 15 million workers out of work, 12 right to collective bargaining, they losing their home, from losing every- million underemployed, but Wall don’t have a right to a sense of agency thing they ever worked a lifetime for. Street keeps making more and more in dealing with governments, they’re And in this economy, where corpora- money. just reduced to nothing. tions have extraordinary power, where We’re being told there’s a recovery, Why do we do that to people who because of our trade agreements they but it’s a jobless recovery. And so in serve us? Why should we do that? And can move out of this country like that, this morass we see an attack on public why shouldn’t we be calling into ac- we’re going to further weaken the abil- workers. You have to recognize exactly counting those public officials who, by ity of workers to have a voice at a what’s going on here. This is still an- and large, will be representing cor- State level, or anyplace at all? Come other attempt to grab more assets from porate interests or corporate thinking? on, America, wake up. the people and put it into the hands of There are those who think that the We have to understand the implica- a few. Just think what can happen in interests of corporations and the gov- tions of what’s happening in Ohio and Ohio if the State legislature goes ahead ernment are one in the same. Oh no Wisconsin. We have to understand that and passes S.B. 5. If the State house they’re not. Government exists to pro- our very way of life is at risk here, passes it, the Governor signs it into vide service. Corporations exist to that if corporations can use their influ- law, we will just set the stage for mas- make a profit. Fine. But let’s make ence to get State leaders to knock sive privatization which will reduce sure we understand there’s a difference. down workers’ rights, it won’t be long service, increase its cost, and put Government does not exist to make a before every worker in America is re- money into the hands of private cor- profit, but it does provide a service. duced to a form of peonage. porations; more wealth going to the And when government’s resources are People can laugh and say, well, that top, less ability for workers to defend starting to be eroded, we have to ask can’t happen. Well, you know what? I their interests. And these are people why. I’ll give you an idea, Mr. Speaker. want to quote to you from a book by working for us. State workers, city, We’re being told that there’s just not Robert Scheer called ‘‘The Great Amer- county workers, they’re the govern- enough money anymore. Let’s look for

VerDate Mar 15 2010 01:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.082 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 3, 2011 CONGRESSIONAL RECORD — HOUSE H1567 a moment at our monetary system I think it’s time for us to take the b 1630 itself. Fed, which has been out of our reach, Why should we accept an economy When you go to a bank and you take and put it under the control of Treas- where people are told they have lim- out a loan, the bank will book that as ury again. And then if the government ited expectations? This is America. We an asset. Banks for years and years needs to invest money, and we do, then have shown the world the ability to have been using a device known as a we invest the money, then we spend it create untold wealth. But if we keep fractional reserve where they’re able to into circulation. We’re told right now shipping it offshore . . . create for every dollar they book as we don’t have any money. We don’t Why shouldn’t people who have an cash that they claim to have. They’re have any money to fix our roads. education, who have strived to achieve able to create another $9 or even $10, There’s over $2 trillion of infrastruc- a middle class standard of living, why maybe more. And that device, known ture needs. States don’t have any shouldn’t they expect that their gov- as a fractional reserve, has given our money. That’s what we’re told. That’s ernment will stand next to them? It’s banking system essentially the money why we’re told they’re having these time for people to understand that we to create—the ability to create money conflicts with the workers; they’re out need to take a strong stand in favor of out of nothing. of money. We don’t have any money to the rights of workers. Now, there’s some people who are fix up our roads. Now, how do we do that? Let’s look okay with that. They say, well, banks Well, FDR figured out what to do in at our trade agreements, Mr. Speaker. have to have this ability; but when the New Deal. You just create a WPA. Every trade agreement needs to be re- banks have that ability, we also know You put millions of people back to negotiated. We need to renegotiate that banks have been prone to being work; you rebuild America. We’re ap- NAFTA, and the General Agreement on able to make transactions when they parently not going to go in that direc- Tariff and Trade, and China trade, and got involved, as a bank in Cleveland tion. But why not? We’re told we don’t we need to say that every single trade did on mortgage-backed securities and have the money. What, we have to bor- agreement has the right to collective they began investing heavily, actually row it from banks? Who’s holding our bargaining. We’re going in the wrong investing money they didn’t have. securities? direction in the States. Every agree- When the market collapsed, the bank If we can borrow money from Japan ment we have should have the right to collapsed. and from China and from the UK, and collective bargaining, the right to join So this device of fractional reserve from the Cayman Islands to manage a union, the right to strike, the right actually in this economy has ended up our economy, well, if we can borrow to decent wages and benefits, the right helping to fuel speculation. money to keep wars going, hello, why to a safe workplace, the right to be And what about the Fed? The Fed, can’t we spend the money into circula- able to sue an employer if they main- which this Congress has tried many tion, take back the power—which in- tain an unsafe workplace, the right to times—and I’ve worked with Mr. PAUL herently is in the Constitution—and in- a secure retirement, the right to par- on this—the Fed has virtually no con- vest in the creation of jobs again and ticipate in the political process. trols whatsoever, limited account- put those 15 million Americans back to If we had those in our trade agree- ability. When the Federal Reserve Act work? Create a revenue sharing pro- ments, if in our trade agreements we was passed in 1913, it really took out of gram for the States so States aren’t had prohibitions on child labor, slave the hands of this Congress the ability faltering any more. Have a national labor, prison labor, if in our trade to have control over the monetary sys- health care system so you don’t have agreements we had the protection of tem. to worry about health care being on the air and the water, then these cor- Now, this Constitution of the United the bargaining table. Absolutely make porations wouldn’t be running to China States, which I carry with me, article Social Security solid so there’s never a or anywhere in the world in order to I, section 8, Congress has the ability to question about a partial privatiza- have the people of that country sub- coin money. Now, to coin money tion—which is another agenda some sidize their profits through dirty air, doesn’t mean just to make coins. It ac- people would like to run here. dirty water, low wages, slave labor, tually means to create money, to pub- It’s not like we don’t have within our child labor. Think about it. That’s why lish money. grasp an ability to change the condi- we need to go back to the trade agree- That was a foundational principle of tions in which we’re operating. ments. the ability of Congress to have a role in But, instead, we have this poverty We need to elevate the condition of the money system. We basically sent mentality which rivets us to control by workers in our society. We need to that over to the Fed with the 1913 Fed- corporate interests who are making think in terms of raising people’s eral Reserve Act. So the Fed, through money hand over fist, who we’re being standard of living. We need to think in another device known as quantitative told all of America’s poor except Wall terms of helping people save their easing—I want everyone to remember Street. Huh? How did that happen? homes. We need to think in terms of this—quantitative easing. What does it With our money nonetheless? How did more competition in our economy. We mean? It means the Fed has the ability that happen? need to think in terms of how do you to create money out of nothing to the Why isn’t unemployment a problem create wealth in our society, not just tune of trillions of dollars—$4 trillion on Wall Street? Think about this. Why how do you create debt. Because right in this most recent economic crisis. is Wall Street doing better than ever? now, Mr. Speaker, our whole economic Now, we’re told that unless the Fed Why do we hear these dark tales about system is money equals debt. And as can do this, our economy would col- speculations happening again? Are we long as we’re locked into that men- lapse. I think it’s time we started to getting ready for another pump-and- tality of money equals debt, then all look at these institutions which we’ve dump scheme where we’ll be back here we’re going to have is debt no matter created and ask if this isn’t the time in a few years having to bail out Wall where we look. And our ballooning debt for us to take control on behalf of the Street again? keeps getting larger and larger, and American people to critically analyze Meanwhile, Main Street’s infrastruc- we’re told, well, we have to pay off that the fractional-reserve system and see if ture crumbles; Main Street’s workers debt before we can deal with our prob- it has any more viability, if it doesn’t are hungry for work; Main Street’s lems. Baloney. We don’t have to do really expose us to more problems than wages are getting depressed; Main that. it ends up creating. Street’s struggling for health care; What we have to do is to start look- I personally think that it’s time to Main Street’s worried about its pening at what can be done to prime the challenge the fractional-reserve system sion; Main Street’s worried about pump of our economy, to get America to the point of where you let banks whether they’re going to have a home back to work. We have the resources. loan the money that they actually or not. And if we have to change the way that have on deposit instead of creating What’s happening in Ohio and Wis- we handle our money system, we money out of nothing, and then if the consin is relevant because every single should do that. The Fed has not been bank goes down, we have to bail them economic issue that is facing this Na- responsive. The private sector isn’t cre- out. tion today is part of that debate. ating jobs. They’re getting rid of jobs.

VerDate Mar 15 2010 01:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.084 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1568 CONGRESSIONAL RECORD — HOUSE March 3, 2011 If the private sector created jobs, then OUR FISCAL SITUATION a debt of approximately $15 trillion. right after we gave hundreds of billions The SPEAKER pro tempore. Under Might be a little bit less. of dollars to Wall Street we should the Speaker’s announced policy of Jan- To put that in perspective, that debt have seen millions of people go back to uary 5, 2011, the gentleman from New barrel began to build in the early days work. That did not happen. We are in Mexico (Mr. PEARCE) is recognized for of our history, and we accumulated up at least a double-dip recession. We 30 minutes. to $5 trillion worth of debt to the sec- have Americans struggling to survive, Mr. PEARCE. Mr. Speaker, I appre- ond President Bush, George W. Bush. and they could read the daily reports ciate the opportunity to address the And during his term, we increased that about how great Wall Street is doing. House this afternoon. debt from 5 to basically 10. So, a very Let’s go back to Ohio and support Mr. Speaker, there are many people rapid escalation of debt accumulation those workers. Let’s support those who who are wondering in the Nation ex- during the second Bush years. teach our children, who police our actly what it was we were doing up b 1640 streets, who put out the fires, who here a couple of weeks ago as we were But then, under President Obama, serve our elderly, who take care of our talking about amendments to cut the then we have seen an acceleration even children, the people who perform the budget, amendments to increase the faster so that we have already added services at the myriad of State offices budget. And for myself, I like to keep almost another $5 trillion in debt in 21⁄2 and at county and city offices. Let’s re- it in very narrow terms and like to get years under President Obama, and we spect and honor those who are in public it as simple as possible. are on track to maybe add another 6 or So we went across the district last service, as we ourselves would want to 7, maybe 8 in the next 2 years. This 1.3 be honored for taking the path that we week, had town hall meetings trying to deficit for this coming year, that was chose in our careers. The people who explain to people exactly the situation last year. This coming year, that num- chose the civil service, the people who that we’re facing here in the country. ber becomes 1.6 trillion. So you can see chose to do that day-to-day work of And I’ve got a chart here which is very that the gap between what we are being involved in a community, they instrumental in helping me to visualize bringing in and what we are spending is are no less important than we are as what’s going on. And basically, this absolutely increasing rather than de- individuals. We’re part of the same tis- chart is one which shows that we’re creasing. sue that makes up a democracy. spending $3.5 trillion at the current Now, to put this in a bigger perspec- And so I want to appeal to my col- moment and we’re taking in $2.2 tril- tive the last year of President Bush, leagues to look at this moment in his- lion, and that begins to give the basic the deficit was about $200 billion so. In- tory, to understand the deep threat understanding of where we are. stead of 1.3, it was about 0.2, if we which the breaking of collective bar- Now, if a local family were in this po- round it off to 0.3. You could see that gaining represents to our democracy, sition, they would be maybe spending almost immediately under President to understand how urgent it is that we $3,500 a month and bringing in $2,200 a Obama that we increased our deficit. support workers everywhere, that we month, and their banker would not be That is, we increased these outlays by express our appreciation to them, that pleased with that. Their banker would almost a trillion dollars so that our we understand that in this House there say, well, we probably need to do bet- economic condition is worsening very are many different points of view. ter, especially if they were borrowing rapidly. We have different points of view money every month. And we are bor- Now, the unsettling pieces, I mean, if about the amount of power we would rowing money every month to work you look at the 15 trillion in the top like concentrated into fewer and fewer here. And so our government is just as debt barrel and then you look at the hands. But we should have no dif- stressed with the debt and with this revenues that we are bringing in from ference of opinion, there should be imbalance in spending and imbalance the government, you say, well, we total solidarity on protecting those in revenues as a family would be. could pay off 7 or 8 years. If we weren’t who serve the public and on protecting Now, our banker in this country is spending a thing, we could pay off for 7 workers whose basic rights are cardinal used to Americans saved and they or 8 years and still not have quite all of principles of a democratic society. bought Treasury bills. That’s how we our debt paid off. Mr. Speaker, I yield back the balance would finance our government. But But then the alarming piece is this of my time. Americans across the country basically fiscal gap at the bottom, that is Social f don’t save anymore, and so we have to Security, Medicare and Medicaid. And find other people who will buy our when we consider those elements, then COMMUNICATION FROM CHAIR OF Treasury bills. And that’s the Chinese we are looking at a $202 trillion deficit, COMMITTEE ON OVERSIGHT AND Government. So China is our borrower a debt, a debt that we owe. Those are GOVERNMENT REFORM of record, our lender of record. mandated spending programs that we The SPEAKER pro tempore (Mr. And so we would watch what the Chi- are not going to turn off. YODER) laid before the House the fol- nese have said in the past couple of So we can already understand that lowing communication from the Chair months, in the past couple of years, we would pay almost 100 years if we of the Committee on Oversight and and a couple of times China has said, were only getting $2.2 trillion into pay- Government Reform: We’re not going to buy any more of the ing off this fiscal gap that we experi- HOUSE OF REPRESENTATIVES, COM- Treasury bills from the United States ence here. MITTEE ON OVERSIGHT AND GOV- Government. At one point they said, Now, over in the far right corner of ERNMENT REFORM, We’ll buy South Korean treasury bills, the chart, we see now a graph. The Washington, DC, March 3, 2011. meaning the South Korean Govern- thing about graphs is they go on in Hon. JOHN A. BOEHNER, ment was a better bet than the U.S. time, this bottom line, the horizontal Speaker, House of Representatives, Government. And so our banker has line is actually years and then the Washington, DC. been giving us signs that, We’re con- vertical line then is representative of DEAR MR. SPEAKER: I write to notify you pursuant to Rule VIII of the Rules of the cerned. We’re concerned about the eco- the average income, per capita income House of Representatives that the Com- nomic health of your country, because that we as Americans have had through mittee on Oversight and Government Reform they see that we cannot long continue. our history. has been served with a subpoena for docu- Now, for myself, I’ve gone ahead and So I ask our listeners always, are you ments issued by the United States District done the mathematics that, if you are doing better than your parents did? Court for the District of Columbia in a civil spending 3.5, you are bringing in 2.2, And almost always the answer is yes, I case now pending before that Court. well, you are running a deficit of $1.3 make more money than my parents did After consultation with the Office of Gen- trillion every year. Now, that’s a def- and I, I myself, made more money than eral Counsel, I will make the determinations icit as long as it’s unaccounted for, as my parents did. That’s shown on this required by Rule VIII. Sincerely, long as it hasn’t been spent. But the chart that every year the chart has DARRELL ISSA, moment that the money spends, then it been increasing as we go through time, Chairman, Committee on Oversight goes into the debt barrel, and that’s the numbers increase and so it shows and Government Reform. the top small barrel. And then we have that.

VerDate Mar 15 2010 02:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.086 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 3, 2011 CONGRESSIONAL RECORD — HOUSE H1569 But then we see that the chart levels went to your banker, would your bank- ating jobs in the growth rate of about off and starts down. So when I ask peo- er think that you made significant cuts 3.5 percent. ple right now, are your children going if you cut from $3,500 to $3,440? Most Well, then the next question would to live better than you, are your chil- people would laugh and say my banker be, can we create jobs in 3.5 percent? dren going to have more income than wouldn’t talk to me if I only cut that Well, that’s exactly what we have aver- you did, very few people in a room will much. So I put it into that context aged for over 70 years. It’s well estab- raise their hand. That’s because they that we did not do significant cuts. lished that we can do it. see that the economic condition of the Yet many of the people here in Wash- Right now, our economic growth is in world is getting worse, not better. That ington are wailing and weeping and the 1 to 2 percent range, so that means worsening condition is based simply on gnashing of teeth, those sorts of that we almost have to double our rate these factors right here. things, that catastrophe just awaits us of growth, and that would be possible if There is nothing in the world econo- because we cut spending by .06. we did two basic things. mies that would not improve if we Myself, I don’t think so. I think that b 1650 the looming economic crisis in 2037 is didn’t solve these problems. It does not Number one, we can lower taxes. Tax have to be—we could continue that the more compelling point that our breaks create jobs. Tax decreases cre- growth curve forever. So we are right economy simply will cease to function ate jobs. Tax increases kill jobs. And so now at the point where the curve flat- out in that range. Again, you can go then the second aspect of creating jobs tens off and moves down into a lower online and look at CBO or OMB to find would be to lower the regulations. category. that chart. That’s where we pulled it Now, I have many people that react But at the very tip of that curve is a out. So take a look at it. in horror when I say we should lower red dot. Then the curve stops and dis- But the important thing is to under- regulations. They immediately claim cerning people would say, well, I stand that no company—my wife and I you would go to zero regulation. I don’t thought graphs just continue. You ran a small company—and no company mean that at all. I simply mean that draw them on out through infinity. ever found itself in fiscal straits like we are regulating our jobs out of exist- Well, you do except this chart stops. this and cured it simply by cutting ence. Companies are finding it easier to This chart stops because our economy spending. I don’t think that it’s pos- go to another country and operate literally shows both Office of Manage- sible for us to cut spending from 3.5 to rather than operate here because the ment and Budget, the White House, and 2.2. As a business person, it does not regulations are so extreme. the CBO, that’s the congressional arm. ring true. It doesn’t seem like that we One way that we’re regulating com- So both the White House and the Con- can cut that much. panies out of existence is through our gress both show the same chart that So if we can’t cut that much spend- lending right now. We passed the Dodd- our economy simply ceases to function ing you have to say, well, then how do Frank bill which puts new require- about 2037. we get the 2.2 to move toward the 3.5? ments on banks. And so the bankers in Now for people who are younger than If we can’t cut spending enough then my district in southern New Mexico myself, that’s in your lifetimes. I may how do we grow the revenues? Now have been calling recently saying that not see that, but my children and some people will say well, we should under the previous accounting methods grandchildren will see this point where raise taxes. They would say we should and the previous reporting methods, we our economy quits. That’s what hap- raise taxes. And then you shouldn’t used to simply get written up if we pened in the Soviet Union. have to ask, well, what’s the outcome made a mistake on a loan package. President Reagan believed that if he of raising taxes? Today we’re told that we could get a simply increased our spending enough The first thing is to understand that $50,000 fine. So they then are skeptical on arms that he could cause them to there is a basic economic truth that and reticent to lend money to small continue to invest more spending on tax increases will kill jobs. And so if businesses and to people buying homes arms. They would not be able to in- we want to make this number smaller, because they stand to lose more on the crease the revenues. They would have just increase taxes and we actually in- loan by one typographical error, one this gap right here. Their deficits creased the difference. We increased exception, than they can make. would increase, their debt would in- our deficit because this number actu- And that, then, has a formal process crease and eventually the system ally gets smaller at that point. so that a young family, a young couple would implode. It would collapse on If we want to solve the problem that in Socorro, New Mexico, recently grad- itself. That’s what’s happening in our we are facing now, there is only one uated from New Mexico Tech, they economy in 2037. way to go, and that is economic both are employed, both have degrees, So at this particular point in our growth. We need to create jobs. If we both have good-paying jobs, and yet time, we have to stop and say we can’t have to create jobs, then we must the bank says, well, we just don’t want continue this. We must begin to do dif- evaluate the ways that we are not cre- to lend money because it might turn ferently, and that is what the House ating jobs today. out to be a bad loan and we could lose was doing last week. We resume our discussion talking our bank over one bad loan or we could Now many in the country have said, about how we would create these two get a $50,000 penalty over a mistake on oh, they are draconian cuts. We should numbers to come together. That would the loan application. It’s just too not have done that. You shouldn’t have be a balanced budget. And, again, I tough. cut that deeply and others are saying would repeat that it is very difficult That means the regulations have you should have cut more. for us to cut enough spending to reach been so high that businesses are say- So let’s evaluate that briefly. We cut, bottom, that my idea is that we must ing, well, we would rather stay on the basically, about $60 billion out of the increase the number of jobs. sidelines, which is what’s happening budget. We cut it out of the continuing As we bring people into the work- nationwide. So we’re being told that if resolution a couple of weeks ago when force, we are simultaneously encom- the banks would simply loan money we passed that bill. passing two things. We are causing this that everything would be fixed, and it’s So what does 60 billion mean in this number to go up as people pay taxes a lot true. Construction would start chart? Sixty billion would mean that that were previously unemployed, but back. Houses would start back. Real es- you would change this number from 3.5 then we are also bringing people off of tate agents would start back, and ev- to 3.44. We are still faced with only the unemployment, welfare and govern- eryone would start, except it is regu- 2.2 here in revenues to the country. ment assistance. So we are lowering lated down into a low, just stagnant I would ask every listener in the au- their number toward this one as we in- position because of these regulations dience, is that significant, is it draco- crease that one. that are, in many people’s eyes, too nian? If you think it’s draconian, The actuarial tables show us at about high. would your banker think it’s draco- 3.5 percent rate of growth that we can Another way that we regulate jobs nian? Almost everyone laughs if I ask actually begin to move towards bal- out of existence is through environ- them, if you were spending $3,500 a ance. These long-term numbers begin mental concerns. We are saying to our- month, bringing in $2,200 a month and to clear up significantly just by cre- selves that we should protect species at

VerDate Mar 15 2010 01:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.088 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1570 CONGRESSIONAL RECORD — HOUSE March 3, 2011 all costs, that is, even the human cost. doing that, all in the name of the envi- bulldozer to work down through the And I’m saying that that’s too ex- ronment. And all of us would want the main streets of Artesia. And so we have treme. I would not let a species go ex- environment clean. We would like the to have a pickup and the truck. So he tinct, but I would say that we should species to not be extinct. But I do not said, Actually it takes a little bit more create jobs and protect the species at think that we have to completely ig- than $340,000 to create a job. But every the same time. So in order to cure this nore the job situation at hand. time the government taxes me more, it problem, to raise this 2.2 toward the 3.5 The second bill we put in was the takes longer to get the $340,000 in the and simultaneously lowering the 3.5 to- 27,000 farmers in the San Joaquin Val- bank. ward 2.2, I have actually put three bills ley. They were put out of work about 2 That’s the reason that under higher in so that we could have test cases of years ago by a silvery minnow. A judge and higher tax rates our economy stag- this discussion for America. said that all the water in the river has nates and jobs are not produced as The first one would be that, yes, we to stay there and cannot be used for quickly, because we’re taking that should keep the spotted owl alive, but agriculture. So those 27,000 people who money away from businesses who we should not kill every timber job in used to be paying income tax here would create it and putting it into the America, which is basically what hap- moved, as a cost to the government, to government that simply then spends it pened in New Mexico. We used to have the 3.5. They are on welfare and unem- here in this 3.5 without really making 20,000 jobs in timber and today we ployment, and so our revenues go down more jobs. have, more or less, none. Sometimes, and our expenses go up. And that’s a So we are faced with a question in one guy says, I’ve got eight people, and toxic case for a government, for a busi- this country: Are we caring about the sometimes he says, well, I laid them off ness, or for a family. And yet we’re en- long-time survival of our economy or this week. And so we’re up and down. couraging it through our policies. are we going to continue down the The meaning of all that is that we’ve So my bill, again, is very simple. same path? lowered, because of the spotted owl, Keep the 2-inch minnow alive in hold- Now, that’s the greatest discussion from about 20,000 jobs basically to zero ing ponds. Put them in the river in the that we should be having. That’s the in New Mexico. And nationwide, that millions when we need them, but in the discussion they’re having right now in has caused this number to get smaller meantime, let’s use that water for the Wisconsin. In Wisconsin, basically the union employees are saying, We want as people go on welfare, and it has irrigation in the San Joaquin Valley. more. We want more pay and we want caused this number to get bigger. The worst thing about shutting that And as people get less-paying jobs, farmland down in the San Joaquin Val- more benefits, that is, more retire- then that means this number gets ley is that that area used to produce ment. Right now, basically across the coun- smaller because they don’t pay as most of the vegetables for this country. try, our union employees—and I think much in taxes. They don’t have as Now, then, with them idle, we are im- they should get every penny that they much to spend, so retail merchants porting vegetables from Central and are wanting, that they are deserving, don’t make as much, and then they pay South America, and they spray pes- but we have to understand that our less in taxes. Meanwhile, more families ticides that we’re not allowed to. So we union employees working for the gov- hurt our revenues, we accelerated the are struggling. They get some sort of ernment are making basically twice cost of government, and we get an un- aid even when they’re working, and the what our people in the private sector 3.5 number gets larger as we get jobs safe food supply all at the same time. are making. So we down here are pay- that pay less. It does not have to be that way. We can ing taxes in order for people that are So, again, my bill simply says, let’s accomplish both jobs and the species. costing the government to make twice have a discussion as Americans. Let’s The last bill that we introduced was what we are. And they are asking for discuss whether or not we have to offshore. Every one of us saw the BP more, meaning that we should charge situation. Again, I believe that BP make the species the last determinant the public, the private sector workers should be accountable. I understand of everything in the forest or if we more taxes in order to pay higher sala- the process that they went through. can’t keep the spotted owl alive in ries. sanctuaries, 1,000 acres here, 1,000 acres They made bad some decisions. They But then the real rub comes in on the there, and go back to cutting in the are being held accountable. They are retirements. Many of our government forest. actually paying 100 percent of the cost. employees have an option to retire at Well, the first thing that some And that is not the question. 20 years, and many of those can retire alarmist will do is say, well, you’re The question is whether the Presi- at 75 percent of their pay. If you are going to clear-cut the forest; we dent should have ordered for the making $40,000 a year, then you can re- shouldn’t clear-cut the forest. We don’t 100,000-plus jobs to be killed. You see tire at $30,000 a year. I have a docu- need to do that. We don’t need to do right now the Governor of Louisiana ment in my office that has New Mexico that. And I’m saying, no, we don’t have and you see the people in Louisiana are retirees’ salaries, and this is from 10 to clear-cut the forest. Land manage- really suffering because those rigs that years ago when I was in the State leg- ment companies commonly have a bal- used to be offshore working, thousands islature, and the highest paid worker anced thinning program. They go of people out there working every day in our retirement system in New Mex- through and cut some trees of all sizes. at very high-paying salaries now are ico is making about $5,600 a month. And they’re constantly working their drawing unemployment. So we, again, way through their acreage so that good lowered our 2.2 figure down lower. We b 1700 small companies exist on very small increased the 3.5. So we made our budg- Now, that contrasts with about $3,000 acreages. et situation much worse by policies a month. So he is making almost dou- We’ve got 225 million acres of that threaten or stop job growth. ble in retirement what the average forestland in this country, and yet it is Back on taxes. Again, we have men- New Mexican is making working 40 being logged at almost zero rates. tioned that that’s one reason that com- hours a week. What it has caused is We’ve got forests in New Mexico: 3 mil- panies choose to live and operate else- this imbalance here, this cost that is lion acres in one, 2 million acres in an- where. Now, the people say, well, why doubling above what we can take in in other. We’ve got very large forests, and do taxes create jobs more slowly? Mr. revenues. yet they haven’t had significant thou- Swett, who is in the Second District of So the discussion that is going on in sand-acre timber sales in forever, and New Mexico in Artesia, said it best. He Wisconsin is the same discussion we it’s been maybe 20 years since they’ve said, For me to create one job takes should be having here on the floor of had significant timber sales. And even $340,000. He said, That’s what a bull- the House, and it is the same discus- then they are restricted from har- dozer costs, and I run bulldozers. He sion we should be having in every State vesting the large-diameter trees that said, So when the government taxes capitol because almost every State, I are economically profitable. my money away from me, it takes me think 48 of the 50, is now running in And so we’ve driven out most of the longer to get my $340,000. He said, By deficit conditions because the cost of timber mills. We’ve driven out most of the way, I’ve got to buy a $60,000 pick- government, the cost of their employ- the people that would make a living up because they won’t let me drive the ees, the cost of education has risen so

VerDate Mar 15 2010 01:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.090 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 3, 2011 CONGRESSIONAL RECORD — HOUSE H1571 dramatically. And in the private sec- Now, my brother-in-law works for ficult to store, very difficult to handle, tor, we are sitting out here basically Hughes Tools, and he just got back is actually more valuable to them than with flat wages, maybe declining from Ireland. They just dismantled holding the cash in the bank. This is wages. And so our discussion nation- their last plant in Ireland that they because we are living like that. wide has to be: How do we cure the had taken over when they were given So either we begin to discipline our- problem? the lower taxes. Because of the higher selves both nationally and as individ- Now, if we begin to get our tax policy tax rate now, they are now evacuating uals because we individually have been and our regulatory policy under con- out of Ireland. So Ireland is faced with running up debt that is sort of the trol, I think that the manufacturing this exact same problem, and Ireland is equivalent of this, either we begin to jobs would come back. So it is not just at the point of economic collapse, discipline or the ultimate consequences that we want jobs. McDonald’s and along with Greece, along with Spain, is within 25 years we are going to see such would create service-level jobs, along with other countries in Europe catastrophic economic situations arise but we are interested in careers, not because all of us have been living be- for families. just jobs. We are interested in being yond our means. I do not think that any of us want able to plan for your future and being Each country in the world right now that. I think that the economic expla- able to pay for college for your kids or is faced with its own set of problems nations of exactly why we are having plan for your retirement. Those are the that basically originate from the fact the difficulties in our economy that we careers that we want to draw back, and that we are spending more than we are are having are very simple. They are those come from the good manufac- bringing in. We are spending more for very transparent. We are spending $3.5 turing jobs that left in droves during government than what the private sec- trillion every year, and we are bringing the last 30–40 years as we increased reg- tor can make, and we all face the same in $2.2 trillion. That number is actually ulations and as we increased taxation. catastrophe that the Soviet Union going to escalate next year so that this Those jobs would come flooding back faced, that their economy is simply deficit, instead of being $1.3 trillion in to us if we simply lowered the taxes. going to implode. the next year, according to the Presi- And you heard President Obama say in Now I, for one, do not want to be on dent’s budget, is going to be $1.6 tril- his State of the Union message that we the watch and not be saying something lion. That $1.6 trillion at the end of the now have one of the two highest cor- as we’re going down the track, and so I year will be added to the $15 trillion of porate tax rates in the world. A couple give this presentation everywhere I go. debt so at the end of the year we will of days after his speech, Japan actually And to the people who are saying we owe $16.5 trillion. The $202 trillion lowered their tax rate, leaving us at absolutely have to have more govern- stays out here as obligations that are the top level. ment spending, I simply say: show me currently due because retirees are So the President recognizes that we how it is going to work. The way we flooding into the market. The baby make ourselves uncompetitive with our have been making this work is we have boomers are moving into retirement in tax rate and we should do something been printing money. As we print record numbers now, and that is going about it. He is exactly right. We should money, we take money away from you to continue for another 15 or 20 years. cut taxes; and yet when you bring that because printing money makes the dol- We have serious problems facing us, up on the floor of the House, you get lars in your pocket worth less. And so but the problems are fairly easily one-half of the body that grabs their as your money in your pocket is worth solved if we simply lower the tax rates, chest and falls backward, pulling the less, then the prices go up. So we see especially if we lower them on the job flag across their face and saying we gasoline prices now escalate to $4, and producers. And, secondly, if we get our can’t do that because Old Glory might some people are saying it is the evil oil regulations under control, not to no just wither away. And the other side companies. The truth is your dollar is regulations, but to simply find a bal- says it is the only way to economic worth less. ance point that will allow us to protect growth. If it was only going up, then you the workers, protect the environment, If we are going to fix this imbalance could say: yes, the oil companies are and protect the species while at the of spending and revenue, we absolutely taking more profit. But your vegeta- same time creating jobs. have to have growth, and job creation bles are going up. Your gold is going f should be the primary focus of this up. Silver is going up. Big metals are Congress. But unless we focus on taxes going up. In the oil fields in southeast MESSAGE FROM THE SENATE and regulations, we cannot cure the job New Mexico, we use a lot of drill pipe. A message from the Senate by Ms. problem in the country. I got word last week when I was trav- Curtis, one of its clerks, announced A few years ago, Ireland was looking eling around that the people who own that the Senate has passed without at itself and said, Ireland is a pretty drill pipes to sell it right now don’t amendment a bill of the House of the smart country. We are smart people; want to sell it. following title: we are hardworking people. We are They would rather have their pipe H.R. 662. An act to provide an extension of struggling under a bad economy. What than dollars because they see that we Federal-aid highway, highway safety, motor can we do to make it better? have printed this $2.6 trillion. They see carrier safety, transit, and other programs So they thought a lot about it, they their dollar is worth less. They see the funded out of the Highway Trust Fund pend- had studies, and they decided they prices escalating, so they simply have ing enactment of a multiyear law reauthor- should lower their corporate tax rate. shut off selling their drill pipe. It is izing such programs. So they lowered their corporate tax worth more than the cash that they The message also announced that rate. It was equal to ours at that point, could get for it. That is going to be an- pursuant to section 276a–276g of title about 36 percent, and they lowered it other sign that our economy has really 22, United States Code, as amended, the down to 12 percent. Companies began begun to struggle under the inflation Chair, on behalf of the Vice President, to flock into Ireland because the tax as we see shortages—shortages of vege- appoints the following Senator as rate was changed from 36 down to 12 tables, shortages of anything. Chairman of the Senate Delegation to percent. That is what lowering the tax Now, the price of silver and gold have the Canada-United States Inter- rate does; it draws the great jobs to been escalating. The price of silver a parliamentary Group conference during you, the manufacturing jobs. week ago Friday went up 10 percent in the 112th Congress: Well, in the intervening years, Ire- one day. Then 2 or 3 days later it went The Senator from Minnesota (Ms. land began to do what we did. They up another 8 or 9 percent. It is not that KLOBUCHAR). began to say with all this money, we we are using that much more silver 2 f are awash with money, the revenues or 3 days later; it is that people are were exceeding the outflows, they saying I would rather hold silver than ADJOURNMENT began to say, we are going to spend dollars, and they have been flooding Mr. PEARCE. Mr. Speaker, I move more. And so they began to develop across from dollars to silver. You are that the House do now adjourn. programs to give away, and they began seeing that people are choosing this ob- The motion was agreed to; accord- to raise taxes. ject of silver that maybe is very dif- ingly (at 5 o’clock and 8 minutes p.m.),

VerDate Mar 15 2010 01:54 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.092 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1572 CONGRESSIONAL RECORD — HOUSE March 3, 2011 under its previous order, the House ad- Particulate Matter, PM-10, Maricopa County tion, Department of the Treasury, transmit- journed until tomorrow, Friday, March (Phoenix) PM-10 Nonattainment Area, Ari- ting a report pursuant to the Federal Vacan- 4, 2011, at 2 p.m. zona [EPA-R09-OAR-2011-0041; FRL-9264-1] re- cies Reform Act of 1998; to the Committee on ceived February 11, 2011, pursuant to 5 U.S.C. Oversight and Government Reform. f 801(a)(1)(A); to the Committee on Energy and 738. A letter from the Director, Office of EXECUTIVE COMMUNICATIONS, Commerce. Communications and Legislative Affairs, ETC. 728. A letter from the Director, Regulatory Equal Employment Opportunity Commis- Management Division, Environmental Pro- sion, transmitting the Commission’s Annual Under clause 2 of rule XIV, executive tection Agency, transmitting the Agency’s Sunshine Act Report for 2010; to the Com- communications were taken from the final rule — Approval and Promulgation of mittee on Oversight and Government Re- Speaker’s table and referred as follows: Air Quality Implementation Plans; Virginia; form. Revision to the Definition of Volatile Or- 739. A letter from the FOIA Officer, Recov- 717. A letter from the Director, Regulatory ganic Compound [EPA-R03-OAR-2010-0902; ery Accountability and Transparency Board, Management Division, Environmental Pro- FRL-9265-6] received February 11, 2011, pur- transmitting the Board’s final rule — Rule tection Agency, transmitting the Agency’s suant to 5 U.S.C. 801(a)(1)(A); to the Com- Implementing the Freedom of Information final rule — Polymerized Fatty Acid Esters mittee on Energy and Commerce. Act (RIN: 0430-AA01) received February 15, with Aminoalcohol Alkoxylates; Exemption 729. A letter from the Director, Office of 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the from the Requirement of a Tolerance [EPA- Congressional Affairs, Nuclear Regulatory Committee on Oversight and Government HQ-OPP-2010-0275; FRL-8860-8] received Feb- Commission, transmitting the Commission’s Reform. ruary 11, 2011, pursuant to 5 U.S.C. final rule — Nuclear Critically Safety Stand- 740. A letter from the Acting Director, Of- 801(a)(1)(A); to the Committee on Agri- ards For Fuels and Material Facilities, Regu- fice of Sustainable Fisheries, NMFS, Na- culture. latory Guide 3.71 received February 18, 2011, tional Oceanic and Atmospheric Administra- 718. A letter from the Director, Regulatory pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tion, transmitting the Administration’s final Management Division, Environmental Pro- mittee on Energy and Commerce. rule — Fisheries of the Exclusive Economic tection Agency, transmitting the Agency’s 730. A letter from the Director, Inter- Zone Off Alaska; Pacific Cod by Vessels Har- final rule — Clothianidin; Time-Limited Pes- national Cooperation, Department of De- vesting Pacific Cod for Processing by the ticide Tolerances [EPA-HQ-OPP-2010-0217; fense, transmitting Pursuant to Section 27(f) Inshore Component in the Central Regu- FRL-8858-3] received February 11, 2011, pur- of the Arms Export Control Act and Section latory Area of the Gulf of Alaska [Docket suant to 5 U.S.C. 801(a)(1)(A); to the Com- 1(f) of Executive Order 11958, Transmittal No. No.: 0910131362-0087-02] (RIN: 0648-XA187) re- mittee on Agriculture. 1-11 informing of an intent to sign a Memo- ceived February 17, 2011, pursuant to 5 U.S.C. 719. A letter from the Director, Regulatory randum of Understanding with Australia, 801(a)(1)(A); to the Committee on Natural Management Division, Environmental Pro- Canada, Denmark, the Italian republic, the Resources. tection Agency, transmitting the Agency’s Kingdom of Norway, and the United King- 741. A letter from the Acting Director, Of- final rule — 1,4-Benzenedicarboxylic Acid, dom; to the Committee on Foreign Affairs. fice of Sustainable Fisheries, NMFS, Na- Dimethyl Ester, Polymer with 1,4- 731. A letter from the Director, Inter- tional Oceanic and Atmospheric Administra- Butanediol, Adipic Acid, and Hexamethylene national Cooperation, Department of De- tion, transmitting the Administration’s final Diisocyanate; Exemption from the Require- fense, transmitting Pursuant to Section 27(f) rule — Fisheries of the Caribbean, Gulf of ment of a Tolerance [EPA-HQ-OPP-2010-0838; of the Arms Export Control Act and Section Mexico, and South Atlantic; Snapper-Group- FRL-8863-9] received February 11, 2011, pur- 1(f) of Executive Order 11958, Transmittal No. er Fishery of the South Atlantic; Closure of 27-10 informing of an intent to sign a Memo- suant to 5 U.S.C. 801(a)(1)(A); to the Com- the 2010-2011 Recreational Sector for Black randum of Understanding with the Republic mittee on Agriculture. Sea Bass in the South Atlantic [Docket No.: of Korea; to the Committee on Foreign Af- 720. A letter from the Chairman, Congres- 0907271173-0629-0] (RIN: 0648-XA154) received sional Oversight Panel, transmitting the fairs. 732. A letter from the Director, Inter- February 17, 2011, pursuant to 5 U.S.C. Panel’s monthly report pursuant to Section 801(a)(1)(A); to the Committee on Natural 125(b)(1) of the Emergency Economic Sta- national Cooperation, Department of De- fense, transmitting Pursuant to Section 27(f) Resources. bilization Act of 2008, Pub. L. 110-343; to the 742. A letter from the Acting Director, Of- of the Arms Export Control Act and Section Committee on Financial Services. fice of Sustainable Fisheries, NMFS, Na- 1(f) of Executive Order 11958, Transmittal No. 721. A letter from the Secretary, Depart- tional Oceanic and Atmospheric Administra- ment of the Treasury, transmitting a report 2-11 informing of an intent to sign a Memo- randum of Understanding with the Republic tion, transmitting the Administration’s final entitled ‘‘Reforming America’s Housing Fi- rule — Magnuson-Stevens Fishery Conserva- nance Market’’; to the Committee on Finan- of Singapore; to the Committee on Foreign Affairs. tion and Management Act Provisions; Fish- cial Services. eries of the Northeastern United States; At- 722. A letter from the President and CEO, 733. A letter from the Assistant Legal Ad- viser for Treaty Affairs, Department of lantic Sea Scallop Fishery; Closure of the Corporation for Public Broadcasting, trans- State, transmitting report prepared by the Delmarva Scallop Access Area to Limited mitting the Corporation’s 2009 annual report Department of State concerning inter- Access General Category (LAGC) Individual regarding the activities and expenditures of national agreements other than treaties en- Fishing Quota (IFQ) Scallop Vessels [Docket the independent production service; to the tered into by the United States to be trans- No.: 070817467-8554-02] (RIN: 0648-XA171) re- Committee on Energy and Commerce. mitted to the Congress within the sixty-day ceived February 17, 2011, pursuant to 5 U.S.C. 723. A letter from the Secretary, Depart- period specified in the Case-Zablocki Act; to 801(a)(1)(A); to the Committee on Natural ment of Energy, transmitting a report enti- the Committee on Foreign Affairs. Resources. tled ‘‘Report on Federal Agency Cooperation 734. A letter from the Assistant Secretary, 743. A letter from the Acting Director, Of- on Permitting Natural Gas Pipelines’’; to the Legislative Affairs, Department of State, fice of Sustainable Fisheries, NMFS, Na- Committee on Energy and Commerce. transmitting Report to Congress on the tional Oceanic and Atmospheric Administra- 724. A letter from the Secretary, Depart- United States Policy in Iraq, Section 1227 of tion, transmitting the Administration’s final ment of Health and Human Services, trans- the National Defense Authorization Act for rule — Fisheries of the Caribbean, Gulf of mitting the Department’s annual Report on Fiscal Year 2006; to the Committee on For- Mexico, and South Atlantic; Coastal Migra- the Food and Drug Administration Advisory eign Affairs. tory Pelagic Resources of the Gulf of Mexico Committee Vacancies and Public Disclo- 735. A letter from the Director of Legal Af- and South Atlantic [Docket No.: 001005281- sures; to the Committee on Energy and Com- fairs and Policy, Administrative Committee 0369-02] (RIN: 0648-XA195) received February merce. of the Federal Register, transmitting the 17, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to 725. A letter from the Secretary, Depart- Committee’s final rule — Regulations Affect- the Committee on Natural Resources. ment of Health and Human Services, trans- ing Publication of the United States Govern- 744. A letter from the Acting Director, Of- mitting FY 2010 Performance Report to Con- ment Manual [AG Order No. 3252-2011] re- fice of Sustainable Fisheries, NMFS, Na- gress for the Medical Device User Fee ceived February 17, 2011, pursuant to 5 U.S.C. tional Oceanic and Atmospheric Administra- Amendments of 2007; to the Committee on 801(a)(1)(A); to the Committee on Oversight tion, transmitting the Administration’s final Energy and Commerce. and Government Reform. rule — Fisheries of the Exclusive Economic 726. A letter from the Secretary, Depart- 736. A letter from the Departmental FOIA/ Zone Off Alaska; Reallocation of Pollock in ment of Transportation, transmitting the PA Officer, Department of Commerce, trans- the Bering Sea and Aleutian Islands [Docket Department’s Fiscal Year 2010 annual report mitting the Department’s final rule — Dis- No.: 0910131363-0087-02] (RIN: 0648-XA151) re- as required by the Superfund Amendments closure of Government Information; Respon- ceived February 17, 2011, pursuant to 5 U.S.C. and Reauthorization Act (SARA) of 1986, as sibility for Responding to Freedom of Infor- 801(a)(1)(A); to the Committee on Natural amended, pursuant to 42 U.S.C. 9620; to the mation Act Requests [Docket No.: 060518134- Resources. Committee on Energy and Commerce. 6134-01] (RIN: 0605-AA22) received February 9, 745. A letter from the Deputy Assistant Ad- 727. A letter from the Director, Regulatory 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the ministrator for Regulatory Programs, Management Division, Environmental Pro- Committee on Oversight and Government NMFS, National Oceanic and Atmospheric tection Agency, transmitting the Agency’s Reform. Administration, transmitting the Adminis- final rule — Finding of Failure to Submit 737. A letter from the Assistant General tration’s final rule — Pacific Halibut Fish- State Implementation Plan Revisions for Counsel, General Law, Ethics, and Regula- eries; Guided Sport Charter Vessel Fishery

VerDate Mar 15 2010 03:23 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K03MR7.094 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 3, 2011 CONGRESSIONAL RECORD — HOUSE H1573 for Halibut; Recordkeeping and Reporting collection protocols; and to eliminate dis- national security by terminating long-stand- [Docket No.: 0911201413-1051-02] (RIN: 0648- parities in maternal health outcomes; to the ing Federal prohibitions on the domestic AY38) received February 17, 2011, pursuant to Committee on Energy and Commerce. production of abundant offshore supplies of 5 U.S.C. 801(a)(1)(A); to the Committee on By Mr. ROYCE (for himself and Mr. oil and natural gas, and for other purposes; Natural Resources. MCGOVERN): to the Committee on Natural Resources, and 746. A letter from the Acting Director, Of- H.R. 895. A bill to provide for the continu- in addition to the Committees on the Budg- fice of Sustainable Fisheries, NMFS, Na- ation of restrictions against the Republic of et, and Rules, for a period to be subsequently tional Oceanic and Atmospheric Administra- Sudan unless the President certifies to Con- determined by the Speaker, in each case for tion, transmitting the Administration’s final gress that Sudan is no longer engaged in consideration of such provisions as fall with- rule — Fisheries of the Caribbean, Gulf of training, harboring, supplying, financing, or in the jurisdiction of the committee con- Mexico, and South Atlantic; Coastal Migra- supporting in any way the Lord’s Resistance cerned. tory Pelagic Resources of the Gulf of Mexico Army; to the Committee on Foreign Affairs. By Mr. SENSENBRENNER (for him- and South Atlantic; Closure [Docket No.: By Mr. BURGESS (for himself, Mr. self, Mr. RYAN of Wisconsin, Mr. 001005281-0369-02] (RIN: 0648-XA199) received BRADY of Texas, Mr. FLORES, Mr. PETRI, and Mr. DUFFY): February 17, 2011, pursuant to 5 U.S.C. FARENTHOLD, Mr. CARTER, Mr. H.R. 904. A bill to prohibit the Secretary of 801(a)(1)(A); to the Committee on Natural MCCAUL, Mr. OLSON, Mr. MARCHANT, Transportation from providing grants or any Resources. and Mr. NEUGEBAUER): funds to a State, county, town, or township, 747. A letter from the Administrator, De- H.R. 896. A bill to provide health care li- Indian tribe, municipal or other local gov- partment of Transportation, transmitting ability reform, and for other purposes; to the ernment to be used for any program to check Committee on the Judiciary. the Department’s report for fiscal year 2010 helmet usage or create checkpoints for a mo- By Mr. GRIMM (for himself and Mr. on foreign aviation authorities to which the torcycle driver or passenger; to the Com- MEEKS): Administrator provided services in the pre- mittee on Transportation and Infrastruc- H.R. 897. A bill to provide authority and ture. ceding fiscal year; to the Committee on sanction for the granting and issuance of Transportation and Infrastructure. By Mr. WHITFIELD (for himself, Mr. programs for residential and commuter toll, GENE GREEN of Texas, Mr. NUNES, Mr. f user fee and fare discounts by States, mu- KIND, Ms. DEGETTE, Mr. SHIMKUS, Mr. nicipalities, other localities, and all related PUBLIC BILLS AND RESOLUTIONS TOWNS, Mrs. BLACKBURN, Mr. agencies and departments, and for other pur- COURTNEY, Mr. ROGERS of Michigan, poses; to the Committee on Transportation Under clause 2 of rule XII, public Ms. DELAURO, Mr. TIBERI, Mr. and Infrastructure. bills and resolutions of the following ISRAEL, Mr. GERLACH, Mr. LEWIS of By Mr. COSTELLO (for himself, Mr. titles were introduced and severally re- Georgia, Mr. SESSIONS, and Mr. ALEXANDER, Mr. SHIMKUS, Mr. ROSS ferred, as follows: HIMES): of Arkansas, Mr. COSTA, Mrs. EMER- H.R. 905. A bill to amend part B of title By Mrs. MCMORRIS RODGERS (for SON, Mr. REYES, Mr. OLSON, Mrs. XVIII of the Social Security Act to exclude herself and Mr. ROSS of Arkansas): CAPPS, Mr. LARSON of Connecticut, customary prompt pay discounts from manu- H.R. 891. A bill to amend part D of title Mr. GALLEGLY, and Mr. PAUL): facturers to wholesalers from the average XVIII of the Social Security Act to promote H.R. 898. A bill to suspend flood insurance sales price for drugs and biologicals under medication therapy management under the rate map updates in geographic areas in Medicare; to the Committee on Energy and Medicare part D prescription drug program; which certain levees are being repaired; to Commerce, and in addition to the Committee the Committee on Financial Services. to the Committee on Energy and Commerce, on Ways and Means, for a period to be subse- By Mr. LANKFORD (for himself and and in addition to the Committee on Ways quently determined by the Speaker, in each Mr. CONNOLLY of Virginia): and Means, for a period to be subsequently case for consideration of such provisions as H.R. 899. A bill to amend title 41, United determined by the Speaker, in each case for fall within the jurisdiction of the committee consideration of such provisions as fall with- States Code, to extend the sunset date for certain protests of task and deliver order concerned. in the jurisdiction of the committee con- By Mr. COHEN (for himself, Mr. cerned. contracts; to the Committee on Oversight and Government Reform. HASTINGS of Florida, Mr. CARSON of By Mr. CAMP (for himself, Mr. Indiana, Mr. ELLISON, Mr. RUSH, Ms. BENISHEK, Mrs. MILLER of Michigan, By Mr. RUSH: H.R. 900. A bill to direct the Federal Trade RICHARDSON, and Ms. FUDGE): Mr. CLARKE of Michigan, Mr. CON- Commission to establish rules to prohibit H.R. 906. A bill to authorize public aware- YERS, Mr. AMASH, Mr. KILDEE, Mr. unfair or deceptive acts or practices related ness campaigns to promote the persistent HUIZENGA of Michigan, Mr. PETERS, to the provision of funeral goods or funeral quest for knowledge and increased education Mr. ROGERS of Michigan, Mr. UPTON, services; to the Committee on Energy and among youth; to the Committee on Edu- Mr. LEVIN, Mr. MCCOTTER, Mr. DIN- Commerce. cation and the Workforce. GELL, Mr. WALBERG, Ms. SLAUGHTER, By Mr. DANIEL E. LUNGREN of Cali- By Mrs. MALONEY: Mr. NADLER, Ms. MCCOLLUM, Mrs. H.R. 907. A bill to amend the Child Nutri- fornia (for himself, Mr. KING of New MALONEY, Mr. HIGGINS, Mr. ACKER- tion Act of 1966 to provide vouchers for the York, Mr. ROGERS of Alabama, Mr. MAN, and Ms. KAPTUR): purchase of educational books for infants MCCAUL, Mr. LONG, Mr. MARINO, Mr. H.R. 892. A bill to require the Secretary of and children participating in the special sup- WALBERG, and Mr. WALSH of Illinois): the Army to study the feasibility of the H.R. 901. A bill to amend the Homeland Se- plemental nutrition program for women, in- hydrological separation of the Great Lakes curity Act of 2002 to codify the requirement fants, and children under that Act; to the and Mississippi River Basins; to the Com- that the Secretary of Homeland Security Committee on Education and the Workforce. mittee on Transportation and Infrastruc- maintain chemical facility anti-terrorism se- By Mr. MURPHY of Pennsylvania (for ture, and in addition to the Committee on curity regulations; to the Committee on himself and Mr. GENE GREEN of Natural Resources, for a period to be subse- Homeland Security, and in addition to the Texas): quently determined by the Speaker, in each Committee on Energy and Commerce, for a H.R. 908. A bill to extend the authority of case for consideration of such provisions as period to be subsequently determined by the the Secretary of Homeland Security to main- fall within the jurisdiction of the committee Speaker, in each case for consideration of tain the Chemical Facility Anti-Terrorism concerned. such provisions as fall within the jurisdic- Standards program; to the Committee on En- By Mr. DENT: tion of the committee concerned. ergy and Commerce. H.R. 893. A bill to provide for the issuance By Ms. MATSUI: By Mr. NUNES (for himself, Mr. and sale of a semipostal by the United States H.R. 902. A bill to amend the National SHIMKUS, Mr. RYAN of Wisconsin, Mr. Postal Service for the fight against Flood Insurance Act of 1968 to require the SIMPSON, Mr. BISHOP of Utah, Mr. colorectal cancer; to the Committee on Over- Administrator of the Federal Emergency MCKEON, Mr. DREIER, Mr. LUCAS, sight and Government Reform, and in addi- Management Agency to consider reconstruc- Mrs. MCMORRIS RODGERS, Mr. ROGERS tion to the Committees on Energy and Com- tion and improvement of flood protection of Michigan, Mr. ROSKAM, Mr. merce, and Armed Services, for a period to systems when establishing flood insurance BENISHEK, Mr. BRADY of Texas, Mr. be subsequently determined by the Speaker, rates; to the Committee on Financial Serv- BROUN of Georgia, Mr. BURGESS, Mr. in each case for consideration of such provi- ices. BURTON of Indiana, Mr. CALVERT, Mr. sions as fall within the jurisdiction of the By Mr. CALVERT (for himself, Mr. CANSECO, Mr. COLE, Mr. CRAVAACK, committee concerned. HARPER, Mr. GALLEGLY, Mr. LATTA, Mr. CULBERSON, Mr. DUNCAN of Ten- By Mr. CONYERS (for himself and Ms. Mr. LONG, Mr. CARTER, Mr. LEWIS of nessee, Mrs. EMERSON, Mr. FINCHER, DEGETTE): California, Mr. DANIEL E. LUNGREN of Mr. FRANKS of Arizona, Mr. GINGREY H.R. 894. A bill to amend title V of the So- California, Mr. GARY G. MILLER of of Georgia, Mr. HARPER, Mr. HERGER, cial Security Act to provide grants to States California, Mr. GIBBS, Mr. NUNES, Mr. Mr. HUIZENGA of Michigan, Mr. KING to establish State maternal mortality review DREIER, Mr. MCKEON, and Mr. of Iowa, Mr. LATOURETTE, Mrs. committees on pregnancy-related deaths oc- HERGER): LUMMIS, Mr. MARCHANT, Mr. curring within such States; to develop defini- H.R. 903. A bill to greatly enhance the Na- MCCOTTER, Mr. MCHENRY, Mrs. MIL- tions of severe maternal morbidity and data tion’s environmental, energy, economic, and LER of Michigan, Mr. POE of Texas,

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Mr. REHBERG, Mr. SCHOCK, Mr. SES- local border and law enforcement officials to BISHOP of New York, Mr. MICA, and SIONS, Mr. SHUSTER, Mr. SULLIVAN, protect United States border cities and com- Ms. BASS of California): Mr. TERRY, Mr. THOMPSON of Penn- munities from trans-national crime, includ- H.R. 923. A bill to amend title 38, United sylvania, Mr. TIBERI, Mr. WALBERG, ing violence associated with drug traf- States Code, to exempt reimbursements of Mr. WESTMORELAND, Mr. WOMACK, ficking, arms smuggling, illegal alien traf- expenses related to accident, theft, loss, or Mr. YOUNG of Alaska, Mr. TIPTON, Mr. ficking and smuggling, violence, and kidnap- casualty loss from determinations of annual YODER, Mr. BACHUS, Ms. JENKINS, Mr. ping along and across the international bor- income with respect to pensions for veterans COFFMAN of Colorado, Mr. PEARCE, ders of the United States, and for other pur- and surviving spouses and children of vet- and Mr. GRIMM): poses; to the Committee on Homeland Secu- erans, and for other purposes; to the Com- H.R. 909. A bill to expand domestic fossil rity. mittee on Veterans’ Affairs. fuel production, develop more nuclear power, By Mr. DENT: By Mr. HEINRICH: and expand renewable electricity, and for H.R. 916. A bill to extend the chemical fa- H.R. 924. A bill to amend the Small Busi- other purposes; to the Committee on Natural cility security program of the Department of ness Act to establish a Veterans Business Resources, and in addition to the Commit- Homeland Security, and for other purposes; Center program, and for other purposes; to tees on Oversight and Government Reform, to the Committee on Energy and Commerce, the Committee on Small Business. Ways and Means, Energy and Commerce, and and in addition to the Committee on Home- By Mr. KILDEE (for himself, Mr. Armed Services, for a period to be subse- land Security, for a period to be subse- GRIJALVA, Mr. DINGELL, Mr. SABLAN, quently determined by the Speaker, in each quently determined by the Speaker, in each Mr. FATTAH, and Mr. COURTNEY): case for consideration of such provisions as case for consideration of such provisions as H.R. 925. A bill to authorize the Secretary fall within the jurisdiction of the committee fall within the jurisdiction of the committee of Education to make grants to support concerned. concerned. early college high schools and other dual en- By Mr. UPTON (for himself, Mr. PETER- By Mr. FILNER: rollment programs; to the Committee on SON, Mr. RAHALL, Mr. WHITFIELD, Mr. H.R. 917. A bill to amend the Reclamation Education and the Workforce. BOREN, Mr. BARTON of Texas, Mrs. Wastewater and Groundwater Study and Fa- By Mr. KING of New York (for himself, MCMORRIS RODGERS, Mr. WALDEN, cilities Act to authorize the Secretary of the Mr. RUPPERSBERGER, Mr. COURTNEY, Mr. SULLIVAN, and Mr. MCKINLEY): Interior to participate in phase one of the Mr. GRIMM, Mr. YOUNG of Alaska, and H.R. 910. A bill to amend the Clean Air Act South San Diego County Water Reclamation Mr. PASCRELL): to prohibit the Administrator of the Envi- Project, and for other purposes; to the Com- H.R. 926. A bill to provide Capitol-flown ronmental Protection Agency from promul- mittee on Natural Resources. flags to the immediate family of fire fight- gating any regulation concerning, taking ac- By Ms. FOXX: ers, law enforcement officers, emergency tion relating to, or taking into consideration H.R. 918. A bill to amend the Internal Rev- medical technicians, and other rescue work- the emission of a greenhouse gas to address enue Code of 1986 to repeal the withholding ers who are killed in the line of duty; to the climate change, and for other purposes; to of income and social security taxes; to the Committee on House Administration. the Committee on Energy and Commerce. Committee on Ways and Means. By Mr. MARKEY (for himself and Mr. By Mr. BARROW: By Mr. FRANKS of Arizona: HOLT): H.R. 911. A bill to require the National H.R. 919. A bill to provide for the convey- H.R. 927. A bill to direct the Secretary of Telecommunications and Information Ad- ance of certain public land in Mohave Val- the Interior to establish an annual produc- ministration and the Federal Communica- ley, Mohave County, Arizona, administered tion incentive fee with respect to Federal on- tions Commission to conduct an inventory of by the Bureau of Land Management to the shore and offshore lands that are subject to a lease for production of oil or natural gas broadband spectrum, to authorize the Com- Arizona Game and Fish Commission, for use under which production is not occurring, and mission, contingent on the completion of as a public shooting range; to the Committee for other purposes; to the Committee on Nat- such inventory, to conduct auctions of vol- on Natural Resources. ural Resources. untarily relinquished spectrum usage rights By Mr. GOHMERT: By Mr. MCNERNEY: and to share the revenues with the licensees H.R. 920. A bill to amend the Balanced Budget and Emergency Deficit Control Act H.R. 928. A bill to expand the Safe Streets who relinquished such rights, and for other Program, to establish a National Gang Ac- purposes; to the Committee on Energy and of 1985 to eliminate automatic increases for inflation from CBO baseline projections for tivity Database, and for other purposes; to Commerce. the Committee on the Judiciary. By Ms. GRANGER: discretionary appropriations, and for other purposes; to the Committee on the Budget. By Mr. NADLER: H.R. 912. A bill to amend the Public Health H.R. 929. A bill to amend title 49, United By Mr. GOHMERT (for himself, Mr. Service Act to establish a national screening States Code, to expand and improve transit BURTON of Indiana, Mr. MARCHANT, program at the Centers for Disease Control training programs; to the Committee on Ms. FOXX, Mr. FLORES, Mrs. SCHMIDT, and Prevention and to amend title XIX of Transportation and Infrastructure. Mrs. BLACKBURN, and Mr. HALL): the Social Security Act to provide States the By Ms. PINGREE of Maine: H.R. 921. A bill to prohibit United States option to increase screening in the United H.R. 930. A bill to amend title 38, United assistance to foreign countries that oppose States population for the prevention, early States Code, to improve the disability com- detection, and timely treatment of the position of the United States in the pensation evaluation procedure of the Sec- colorectal cancer; to the Committee on En- United Nations; to the Committee on For- retary of Veterans Affairs for veterans with ergy and Commerce. eign Affairs. post-traumatic stress disorder or mental By Mr. ADERHOLT: By Mr. GOSAR: health conditions related to military sexual H.R. 922. A bill to ensure that private prop- H.R. 913. A bill to extend certain trade trauma, and for other purposes; to the Com- erty, public safety, and human life are pro- preference programs, and for other purposes; mittee on Veterans’ Affairs. tected from flood hazards that directly re- to the Committee on Ways and Means, and in By Mr. POE of Texas (for himself, Mr. sult from post-fire watershed conditions that addition to the Committees on Appropria- DUNCAN of Tennessee, Mr. FORBES, are created by wildfires on Federal land; to tions, and the Budget, for a period to be sub- Mr. HUIZENGA of Michigan, Mr. SAM the Committee on Transportation and Infra- sequently determined by the Speaker, in JOHNSON of Texas, Mr. COFFMAN of structure, and in addition to the Committees each case for consideration of such provi- Colorado, Mr. PENCE, Mr. LATTA, Mr. on Financial Services, Natural Resources, sions as fall within the jurisdiction of the FORTENBERRY, Mr. JONES, Mr. and Agriculture, for a period to be subse- committee concerned. CHAFFETZ, and Mr. PAUL): By Mr. CONNOLLY of Virginia (for quently determined by the Speaker, in each H.R. 931. A bill to make participation in himself, Mr. BILBRAY, Mr. CUMMINGS, case for consideration of such provisions as the American Community Survey voluntary, Mr. SARBANES, Mrs. MALONEY, Ms. fall within the jurisdiction of the committee except with respect to certain basic ques- NORTON, Mr. MORAN, Mr. PRICE of concerned. tions; to the Committee on the Judiciary, North Carolina, and Mr. MEEKS): By Mr. HASTINGS of Florida (for him- and in addition to the Committee on Over- H.R. 914. A bill to improve Federal intern- self, Ms. BROWN of Florida, Mr. ROHR- sight and Government Reform, for a period ships by expanding the conversion rate of ABACHER, Ms. BERKLEY, Mr. FILNER, to be subsequently determined by the Speak- Federal interns to full-time employees, es- Mr. FRANK of Massachusetts, Mr. er, in each case for consideration of such pro- tablish consistent tracking mechanisms DEUTCH, Mr. ISRAEL, Mr. LUJA´ N, Mr. visions as fall within the jurisdiction of the among Executive agencies for internship BUCHANAN, Ms. RICHARDSON, Mr. AL committee concerned. programs, and accelerate adoption of intern- GREEN of Texas, Mr. GRIJALVA, Mr. By Mr. ROONEY: ship best management practices by Execu- CUMMINGS, Ms. WASSERMAN SCHULTZ, H.R. 932. A bill to identify and remove tive agencies; to the Committee on Oversight Mr. KISSELL, Ms. CHU, Mr. REYES, Mr. criminal aliens incarcerated in correctional and Government Reform. MCGOVERN, Ms. SUTTON, Mrs. facilities in the United States, and for other By Mr. CUELLAR (for himself and Mr. NAPOLITANO, Mr. MCKINLEY, Mr. purposes; to the Committee on the Judici- MCCAUL): COHEN, Mr. CICILLINE, Mr. MICHAUD, ary. H.R. 915. A bill to establish a Border En- Mr. COURTNEY, Mr. SHERMAN, Ms. By Ms. ROYBAL-ALLARD (for herself forcement Security Task Force program to CASTOR of Florida, Mr. FORTENBERRY, and Mr. POLIS): enhance border security by fostering coordi- Ms. JACKSON LEE of Texas, Mr. BER- H.R. 933. A bill to reform immigration de- nated efforts among Federal, State, and MAN, Mr. WALZ of Minnesota, Mr. tention procedures, and for other purposes;

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to the Committee on the Judiciary, and in BRADY of Texas, Mr. BUCSHON, Mr. actions necessary to assert the standing of addition to the Committee on Homeland Se- OLSON, Mrs. ROBY, Mr. GALLEGLY, the House to defend the Defense of Marriage curity, for a period to be subsequently deter- Mr. SMITH of Nebraska, Mr. GRIFFIN Act and the amendments made by that Act mined by the Speaker, in each case for con- of Arkansas, Mr. GRIMM, Mr. in any litigation in any Federal court of the sideration of such provisions as fall within CANSECO, Mr. BONNER, Mr. GONZALEZ, United States; to the Committee on Rules. the jurisdiction of the committee concerned. Mr. LATTA, Mr. REHBERG, Mr. By Ms. LEE of California (for herself, By Mr. SESSIONS: CHAFFETZ, Mr. PALAZZO, Mr. ROSS of Ms. MOORE, Ms. CLARKE of New York, H.R. 934. A bill to amend the Internal Rev- Arkansas, Mr. FINCHER, Mr. GRAVES Ms. JACKSON LEE of Texas, Mrs. enue Code of 1986 to reduce the corporate of Missouri, Mr. BARTON of Texas, CHRISTENSEN, Mr. MEEKS, Ms. BROWN rate of tax to 18 percent; to the Committee Mr. HARPER, Mr. SCOTT of South of Florida, Ms. EDWARDS, Mr. SCOTT on Ways and Means. Carolina, Mr. COFFMAN of Colorado, of Virginia, Mr. TOWNS, Mr. RANGEL, By Mr. SOUTHERLAND (for himself, Mr. RENACCI, Mr. WESTMORELAND, Ms. RICHARDSON, Mr. RUSH, Mr. Ms. FOXX, Mr. GRAVES of Missouri, Mr. MCHENRY, Mrs. ADAMS, Mr. LEWIS of Georgia, Mr. HASTINGS of Mr. ROGERS of Michigan, and Mr. HALL, Mr. MCKINLEY, Mr. DENT, Mr. Florida, Mr. MORAN, Mr. BOSWELL, GUTHRIE): POE of Texas, Mr. SMITH of Texas, Ms. SCHAKOWSKY, Mr. STARK, Ms. H.R. 935. A bill to amend title XVI of the Mr. AUSTIN SCOTT of Georgia, Mr. BORDALLO, Mr. SERRANO, Mr. HIN- Social Security Act to clarify that the value ROGERS of Alabama, Ms. JENKINS, Mr. CHEY, and Ms. WOOLSEY): of certain funeral and burial arrangements DAVIS of Kentucky, Mr. JOHNSON of H. Res. 144. A resolution acknowledging are not to be considered available resources Ohio, Mr. BENISHEK, Mr. CARTER, Mr. the 42nd anniversary of the election of Shir- under the supplemental security income pro- FLORES, Mr. RICHMOND, Mr. COBLE, ley Anita St. Hill Chisholm, the first Afri- gram; to the Committee on Ways and Means. Mrs. BLACKBURN, Mr. GRAVES of can-American woman in Congress; to the By Mr. WELCH (for himself, Mr. JONES, Georgia, Mr. DANIEL E. LUNGREN of Committee on House Administration. and Mr. CICILLINE): California, Mr. CUELLAR, Mrs. By Mr. ROHRABACHER: H.R. 936. A bill to prohibit United States CAPITO, Mr. DUNCAN of Tennessee, H. Res. 145. A resolution calling on the assistance for Afghanistan unless the United Mrs. BLACK, Mr. FARENTHOLD, Mr. Government of Pakistan to release Raymond States and Afghanistan enter into a bilateral LATOURETTE, Mr. FLEMING, Mr. SIMP- Davis; to the Committee on Foreign Affairs. agreement which provides that work per- SON, Mr. BURGESS, Mr. REYES, Ms. By Mr. UPTON: formed in Afghanistan by United States con- EDDIE BERNICE JOHNSON of Texas, Mr. H. Res. 146. A resolution providing the tractors is exempt from taxation by the Gov- AL GREEN of Texas, and Mr. amounts for the expenses of the Committee ernment of Afghanistan; to the Committee HINOJOSA): on Energy and Commerce in the One Hun- on Foreign Affairs. H. Res. 140. A resolution expressing the dred Twelfth Congress; to the Committee on By Mr. BROUN of Georgia (for himself, sense of the House of Representatives that House Administration. Mr. AKIN, Mr. BARTON of Texas, Mr. domestic oil and gas resources are critical to f WALSH of Illinois, Mr. JOHNSON of our Nation’s security and economy and the Ohio, Mrs. HARTZLER, Mr. MILLER of Secretary of the Interior should take imme- CONSTITUTIONAL AUTHORITY Florida, Mr. STUTZMAN, Mr. LATTA, diate action to streamline the shallow and STATEMENT Mr. PITTS, Mr. GARRETT, Mr. ROE of deepwater permitting process; to the Com- Tennessee, Mr. GINGREY of Georgia, mittee on Natural Resources. Pursuant to clause 7 of rule XII of Mr. GOHMERT, Mr. BURTON of Indiana, By Mr. FRANKS of Arizona (for him- the Rules of the House of Representa- Mr. CHABOT, Mr. WALBERG, Mr. self, Mr. CLEAVER, Mr. SHULER, Mr. tives, the following statements are sub- BENISHEK, Mr. BROOKS, Mr. DUNCAN of DUNCAN of South Carolina, Mr. PITTS, mitted regarding the specific powers South Carolina, Mr. NEUGEBAUER, Mr. DANIEL E. LUNGREN of California, granted to Congress in the Constitu- and Mr. WESTMORELAND): Mr. AKIN, Mr. LAMBORN, and Mr. tion to enact the accompanying bill or H.J. Res. 45. A joint resolution proposing MCGOVERN): joint resolution. an amendment to the Constitution of the H. Res. 141. A resolution expressing condo- United States relating to marriage; to the lences for the murder of Punjab Governor By Mrs. MCMORRIS RODGERS: Committee on the Judiciary. Salman Taseer and Pakistan Minister of Mi- H.R. 891. By Mr. GRIFFITH of Virginia: nority Affairs Shahbaz Bhatti, and calling Congress has the power to enact this legis- H.J. Res. 46. A joint resolution proposing for a Taseer-Bhatti Resolution in the United lation pursuant to the following: an amendment to the Constitution of the Nations Human Rights Council honoring This bill is enacted pursuant to Congress’ United States to allow the several States to their courage in defense of core principles of legislative powers under Article I, Section 8, nullify a law or regulation of the United Pakistan’s democracy, enshrined in the Uni- of the Constitution. Under this provision, States; to the Committee on the Judiciary. versal Declaration of Human Rights, particu- Congress has the authority to regulate By Mrs. MCMORRIS RODGERS (for larly the freedom of religion; to the Com- ‘‘commerce among the several states.’’ herself and Mr. BISHOP of Georgia): mittee on Foreign Affairs. By Mr. CAMP: H. Con. Res. 24. Concurrent resolution rec- By Mr. GARDNER (for himself, Mr. PE- H.R. 892 ognizing women serving in the United States TERS, Mr. BRADY of Texas, Mr. BROUN Congress has the power to enact this legis- Armed Forces; to the Committee on Armed of Georgia, Mrs. MYRICK, Mr. lation pursuant to the following: Services. NEUGEBAUER, Mr. DUNCAN of South Clause 8, Section 8, of Article I of the Con- By Mrs. HARTZLER: Carolina, Mr. PITTS, Mr. ROE of Ten- stitution. H. Con. Res. 25. Concurrent resolution ex- nessee, Mr. GINGREY of Georgia, Mr. By Mr. DENT: pressing the sense of Congress with respect FLORES, Mr. GOHMERT, Mr. BURTON of H.R. 893. to the Obama administration’s discontinuing Indiana, Mr. POSEY, Mr. MCCLINTOCK, Congress has the power to enact this legis- to defend the Defense of Marriage Act; to the Mrs. LUMMIS, Mr. ROKITA, Mr. KING- lation pursuant to the following: Committee on the Judiciary. STON, Mrs. ADAMS, and Mr. WOMACK): Article I, Section 8 of the U.S. Constitu- By Ms. LEE of California: H. Res. 142. A resolution amending the tion. H. Con. Res. 26. Concurrent resolution ex- Rules of the House of Representatives to re- By Mr. CONYERS: pressing the sense of Congress that the quire authorizing committees to hold annual H.R. 894. United States Postal Service should issue a hearings on GAO investigative reports on the Congress has the power to enact this legis- commemorative postage stamp honoring identification, consolidation, and elimi- lation pursuant to the following: former Representative Shirley Chisholm, nation of duplicative Government programs; This bill is enacted pursuant to the power and that the Citizens’ Stamp Advisory Com- to the Committee on Rules. granted to Congress under Article I, Section mittee should recommend to the Postmaster By Mr. GOHMERT (for himself, Mr. 8, Clause 1 of the United States Constitution. General that such a stamp be issued; to the AKIN, Mrs. BACHMANN, Mr. BENISHEK, By Mr. ROYCE: Committee on Oversight and Government Mr. BROOKS, Mr. BURTON of Indiana, H.R. 895. Reform. Mr. CHABOT, Mr. FLORES, Mr. Congress has the power to enact this legis- By Mr. GENE GREEN of Texas (for FORTENBERRY, Mr. GARRETT, Mr. lation pursuant to the following: himself, Mr. BOREN, Ms. JACKSON LEE GINGREY of Georgia, Mr. HARRIS, Mrs. Article I, Section 8 of the Constitution. of Texas, Mr. COSTA, Mr. CASSIDY, HARTZLER, Mr. HUELSKAMP, Mr. By Mr. BURGESS: Mr. SCALISE, Mr. BURTON of Indiana, LAMBORN, Mr. LANKFORD, Mr. DANIEL H.R. 896. Mr. BOUSTANY, Mr. MCCAUL, Mrs. E. LUNGREN of California, Mr. MAN- Congress has the power to enact this legis- MCMORRIS RODGERS, Mr. NUNNELEE, ZULLO, Mr. MILLER of Florida, Mr. lation pursuant to the following: Mr. YOUNG of Alaska, Mr. MCCLIN- NUGENT, Mr. NUNNELEE, Mr. OLSON, The attached bill is constitutional under TOCK, Mr. ALEXANDER, Mr. AKIN, Mr. Mr. PITTS, Mr. ROE of Tennessee, Mr. Article I, Section 8, ‘‘To regulate Commerce PAUL, Mr. CULBERSON, Mrs. SOUTHERLAND, Mr. WALBERG, and Mr. with foreign Nations, and among the several HARTZLER, Mr. GUTHRIE, Mr. SAM WALSH of Illinois): States, and with the Indian Tribes’’. JOHNSON of Texas, Mr. KINZINGER of H. Res. 143. A resolution directing the By Mr. GRIMM: Illinois, Mr. BROUN of Georgia, Mr. Speaker, or his designee, to take any and all H.R. 897.

VerDate Mar 15 2010 02:33 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\L03MR7.100 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1576 CONGRESSIONAL RECORD — HOUSE March 3, 2011 Congress has the power to enact this legis- stitution, specifically Clause 2 (empowering Congress has the power to enact this legislation pursuant to the following: Congress to make rules and regulations relation pursuant to the following: Article I, Section 8, Clause 3. specting property belonging to the people of The Constitution including Article I, Sec- By Mr. COSTELLO: the United States), Article I, Section 8 of the tion 8. H.R. 898. United States Constitution, specifically By Mr. DENT: Congress has the power to enact this legis- Clause 1 (relating to providing for the gen- H.R. 916. lation pursuant to the following: eral welfare of the United States) and Clause Congress has the power to enact this legis- Article IV, Section 3, Clause 2. 18 (relating to the power to make all laws lation pursuant to the following: By Mr. LANKFORD: necessary and proper for carrying out the Article I, Section 8. H.R. 899. powers vested in Congress). Furthermore, By Mr. FILNER: Congress has the power to enact this legis- this bill amends the Outer Continental Shelf H.R. 917. lation pursuant to the following: Lands Act (43 U.S.C. 1331), which Congress Congress has the power to enact this legis- Article I, Section 8, Clause 18: The Con- previously enacted pursuant to similar au- lation pursuant to the following: gress shall have Power . . . to make all Laws thority. The constitutional authority of Congress which shall be necessary and proper for car- By Mr. SENSENBRENNER: to enact this legislation is provided by Arti- rying into Execution the foregoing Powers, H.R. 904. cle I, Section 8 of the United States Con- and all other Powers vested by the Constitu- Congress has the power to enact this legis- stitution (Clauses 1, 3, and 18), which grant tion in the Government of the United States, lation pursuant to the following: Congress the power to provide for the gen- or in any Department or Officer thereof. The Tenth Amendment to the Constitu- eral welfare of the United States; to regulate Article I, Section 8, Clause 1: The Congress tion. Commerce among the several States; and to shall have Power to lay and collect Taxes, By Mr. WHITFIELD: make all Laws which shall be necessary and Duties, Imposts and Excises, to pay the H.R. 905. proper for carrying into Execution the fore- Debts and provide for the common Defence Congress has the power to enact this legis- going Powers. and general Welfare of the United States; but lation pursuant to the following: By Ms. FOXX: all Duties, Imposts and Excises shall be uni- Article I, Section 8, Clause 3, which grants H.R. 918. form throughout the United States. Congress the power to regulate commerce Congress has the power to enact this legis- By Mr. RUSH: with foreign nations, among the several lation pursuant to the following: H.R. 900. States, and with the Indian tribes. Article I, Section 8, Clause 1 of, and the Congress has the power to enact this legis- By Mr. COHEN: 16th Amendment to, the United States Con- lation pursuant to the following: H.R. 906. stitution. To regulate Commerce with foreign Na- Congress has the power to enact this legis- By Mr. FRANKS of Arizona: tions, and among the several States, and lation pursuant to the following: H.R. 919. with the Indian tribes. U.S. Const., Art. I, Article I, Section 8, Clause 1. Congress has the power to enact this legis- Sec. 8, Cl. 3. The Interstate Commerce Clause By Mrs. MALONEY: lation pursuant to the following: serves as the constitutional basis for this H.R. 907. Article 4, Section 3, Clause 2. legislation. In 1984, the Federal Trade Com- Congress has the power to enact this legis- By Mr. GOHMERT: mission issued ‘‘The Funeral Rule’’ pursuant lation pursuant to the following: H.R. 920. to its authority under Sections 5 and 18 of Article I, Section 8, Clause 3 of the Con- Congress has the power to enact this legis- the Federal Trade Commission Act, which stitution. lation pursuant to the following: permits the FTC to promulgate trade regula- The Congress shall have Power * * * To This bill is enacted pursuant to the power tion rules that define with specificity unfair regulate Commerce with foreign Nations, granted to Congress under Article I, Section or deceptive acts or practices in or affecting and among the several States, and with the 9, Clause 7, ‘‘No Money shall be drawn from commerce. The Funeral Rule applies only to Indian Tribes. the Treasury, but in Consequence of Appro- funeral homes. Its primary purposes are By Mr. MURPHY of Pennsylvania: priations made by Law.’’ Furthermore, under ‘‘[t]o ensure that consumers receive informa- H.R. 908. Article I, Section 8, Clause 18, ‘‘Congress tion necessary to make informed purchasing Congress has the power to enact this legis- shall have the power . . . [t]o make all Laws decisions, and to lower existing barriers to lation pursuant to the following: which shall be necessary and proper for car- price competition in the market for funeral Clause 3 of Section 8 of Article I of the rying into Execution . . . all other Powers goods and services.’’ The traditional market- Constitution. vested by this Constitution in the Govern- place for funeral and burial goods and serv- By Mr. NUNES: ment of the United States.’’ It is within Con- ices has dramatically evolved. Over the past H.R. 909. gress’ power to regulate the appropriation of 20 years, waves of cross-state funeral homes Congress has the power to enact this legis- money from the Treasury and this bill is & cemetery consolidations and combina- lation pursuant to the following: ‘‘necessary’’ to stop the automatic increase tions, increasing cremation trends, chal- Clause 3 of Section 8 of Article I and in national spending. lenging legal questions over portability of Clause 2 of Section 3 of Article IV of the Con- By Mr. GOHMERT: death-care sales contracts and pre-need institution of the United States. H.R. 921. surance policies, and a significant rise in the By Mr. UPTON: Congress has the power to enact this legis- number of third- party sellers of death care H.R. 910. lation pursuant to the following: goods and services now warrant regulatory Congress has the power to enact this legis- Under Article I, Section 8, Clause 18: The parity among the death care industry’s sec- lation pursuant to the following: Congress shall have Power . . . To make all tors. Accordingly, this legislation would ex- Commerce Clause: Article I, Section 8, Laws which shall be necessary and proper for pressly authorize the FTC to promulgate and Clause 3. carrying into Execution the foregoing Pow- to enforce, along with the States rules pro- By Mr. BARROW: ers, and all other Powers vested by the Con- moting competition and protecting vulner- H.R. 911. stitution in the Government of the United able consumers from severe economic and Congress has the power to enact this legis- States, or in any Department or Officer emotional harms. lation pursuant to the following: thereof. By Mr. DANIEL E. LUNGREN of Cali- U.S. Constitution; Article I, Section 8. Article I, Section 9, Clause 7: No Money fornia: By Ms. GRANGER: shall be drawn from the Treasury but in Con- H.R. 901. H.R. 912. sequence of Appropriations made by Law; Congress has the power to enact this legis- Congress has the power to enact this legis- and a regular Statement and Account of the lation pursuant to the following: lation pursuant to the following: Receipts and Expenditures of all public This bill is enacted pursuant to Article I, Article I, Section 8, Clause 18 of the United Money shall be published from time to time. Section 8, Clause 1 of the Constitution of the States Constitution. By Mr. GOSAR: United States and Article I, Section 8, By Mr. ADERHOLT: H.R. 922. Clause 18 of the Constitution of the United H.R. 913. Congress has the power to enact this legis- States. Congress has the power to enact this legislation pursuant to the following: By Ms. MATSUI: lation pursuant to the following: It was explained by James Madison, in H.R. 902. Article I, Section 8, Clause 3: To regulate Federalist No. 45, that the ‘‘powers delegated Congress has the power to enact this legis- Commerce with foreign Nations, and among to Congress in the proposed constitution to lation pursuant to the following: the several States, and with the Indian the federal government are few and defined.’’ Article I, Section 8, Clause 3. Tribes. Mindful of this admonition, this proposed By Mr. CALVERT: By Mr. CONNOLLY of Virginia: bill comports with several enumerated pow- H.R. 903. H.R. 914. ers granted to Congress. Congress has the Congress has the power to enact this legis- Congress has the power to enact this legis- power to enact this legislation pursuant to lation pursuant to the following: lation pursuant to the following: the following: Article I, Section 8, Clause 17: The constitutional authority of Congress Article I, Section 8, Clause 18. The Congress shall have the power ‘‘[t]o ex- to enact this legislation is provided by Arti- By Mr. CUELLAR: ercise exclusive Legislation in all Cases cle IV, Section 3 of the United States Con- H.R. 915. whatsoever, . . . to exercise like Authority

VerDate Mar 15 2010 03:23 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A03MR7.031 H03MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 3, 2011 CONGRESSIONAL RECORD — HOUSE H1577 over all Places purchased by the Consent of Article I, Section 8, Clause 1: The Congress form laws on the subject of Bankruptcies the Legislature of the State in which the shall have Power to lay and collect Taxes, throughout the United States. Same shall be, for the Erection of Forts, Duties, Imposts and Excises, to pay the By Ms. ROYBAL-ALLARD: Magazines, Arsenals, dock-Yards, and other Debts and provide for the common Defence H.R. 933. needful Buildings.’’ Thus, lands purchased and general Welfare of the United States; but Congress has the power to enact this legis- and held by the Federal Government, are all Duties, Imposts and Excises shall be uni- lation pursuant to the following: within the exclusive jurisdiction of the Fed- form throughout the United States. Article I, Section 8, Clause 4. eral Government for purposes of manage- By Mr. MARKEY: Article I, Section 8, Clause 18. ment, control, disposition and if necessary, H.R. 927. By Mr. SESSIONS: resolution of issues arising out of such land Congress has the power to enact this legis- use. That being said, nothing herein shall be lation pursuant to the following: H.R. 934. deemed an expansion of, or resolution of, the The Constitutional authority of Congress Congress has the power to enact this legis- federal government’s power to purchase and to enact this legislation is provided by Arti- lation pursuant to the following: then hold land indefinitely and in substan- cle IV, Section 3, which provides that Con- Article I, Section 8, Clause 1. tial percentages as known in the Western gress shall have the power to dispose of and By Mr. SOUTHERLAND: States if not ‘‘needful’’ for federal purposes. make all needful. Rules and Regulations re- H.R. 935. Further, the U.S. Supreme Court, in Col- specting the Territory or other Property be- Congress has the power to enact this legis- lins v. Yosemite Park & Curry Co., 304 U.S. longing to the United States. lation pursuant to the following: By Mr. MCNERNEY: 518, 529 (U.S. 1938), reasoned that Clause 17 The Social Security Act has been upheld ‘‘is not the sole authority’’ for either prop- H.R. 928. Congress has the power to enact this legis- under the power to tax and spending under erty acquisition or management, as ‘‘[i]t has Article I Section 8, Clause 1 of the U.S. Con- never been necessary heretofore for this lation pursuant to the following: Section 8 of Article I of the Constitution. stitution. Court to determine whether or not the By Mr. NADLER: Mr. WELCH: United States has the constitutional right to H.R. 929. H.R. 936. exercise jurisdiction over territory, within Congress has the power to enact this legis- the geographical limits of a State, acquired Congress has the power to enact this legislation pursuant to the following: lation pursuant to the following: for purposes other than those specified in Article I, Section 8, Clauses 1, 3 and 18. Clause 17.’’ Article I, Section 8, Clause 18: The Con- By Ms. PINGREE of Maine: gress shall have Power . . . To make all Further, the Constitution’s Property H.R. 930. Clause, Article IV, Sec. 3, Clause 2, provides Congress has the power to enact this legis- Laws which shall be necessary and proper for that ‘‘Congress shall have the power to dis- lation pursuant to the following: carrying into Execution the foregoing Pow- pose of and make all needful Rules and Regu- Article I, Section 8, Clause 14: To make ers, and all other Powers vested by the Con- lations respecting the Territory or other Rules for the Government and Regulation of stitution in the Government of the United Property belonging to the United States.’’ the land and naval Forces; States, or in any Department or Officer This Management Clause as currently under- As necessary and proper Article I Section thereof. stood conveys the express authority to Con- 8, Clause 18: To make all Laws which shall be By Mr. BROUN of Georgia: gress to address issues and resolve matters necessary and proper for carrying into Exe- H.J. Res. 45. involving Federal Land. Additionally, Arti- cution the foregoing Powers, and all other Congress has the power to enact this legis- cle I, Section 8, Clause 18, further provides a Powers vested by this Constitution in the lation pursuant to the following: constitutional basis for this Act as it con- Government of the United States, or in any Article V of the Constitution. The Con- veys the power to Congress to implement its Department or Officer thereof. gress, whenever two thirds of both houses enumerated powers (but this clause cannot As necessary and proper, Article I Section shall deem it necessary, shall propose expand those powers) and ‘‘make all Laws 8, Clause 1: The Congress shall have Power amendments to this Constitution, or, on the which shall be necessary and proper’’ for exe- To lay and collect Taxes, Duties, Imposts application of the legislatures of two thirds cuting and implementing enumerated pow- and Excises, to pay the Debts and provide for of the several states, shall call a convention ers. the common Defence and general Welfare of for proposing amendments, which, in either By Mr. HASTINGS of Florida: the United States; but all Duties, Imposts case, shall be valid to all intents and pur- H.R. 923. and Excises shall be uniform throughout the poses, as part of this Constitution, when Congress has the power to enact this legis- United States. ratified by the legislatures of three fourths lation pursuant to the following: By Mr. POE of Texas: of the several states, or by conventions in Section 8 of Article I of the Constitution. H.R. 931. three fourths thereof, as the one or the other By Mr. HEINRICH: Congress has the power to enact this legis- mode of ratification may be proposed by the H.R. 924. lation pursuant to the following: Congress; provided that no amendment Clause 18 of Section 8 of Article I of the Congress has the power to enact this legis- which may be made prior to the year one Constitution which states that Congress has lation pursuant to the following: thousand eight hundred and eight shall in the power ‘‘to make all laws which shall be Article I, Section 8, Clause 1. any manner affect the first and fourth necessary and proper for carrying into Exe- By Mr. KILDEE: clauses in the ninth section of the first arti- H.R. 925. cution the foregoing Powers, and all other cle; and that no state, without its consent, Congress has the power to enact this legis- Powers vested by this Constitution in the shall be deprived of its equal suffrage in the lation pursuant to the following: Government of the United States, or in any Senate. Article I, Section 8, Clause 3, The Com- Department or Officer thereof.’’ By Mr. GRIFFITH of Virginia: merce Clause, and Article 1, Section 8, By Mr. ROONEY: Clause 18, the Necessary and Proper Clause. H.R. 932. H.J. Res. 46. By Mr. KING of New York: Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 926. lation pursuant to the following: lation pursuant to the following: Congress has the power to enact this legis- Article I, Section 8, Clause 4: To establish This bill is enacted pursuant to Article V lation pursuant to the following: a uniform rule of Naturalization, and uni- of the United States Constitution.

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Vol. 157 WASHINGTON, THURSDAY, MARCH 3, 2011 No. 31 Senate The Senate met at 10 a.m. and was appoint the Honorable TOM UDALL, a Senator I am supportive of that. It is an issue called to order by the Honorable TOM from the State of New Mexico, to perform where I think we should not try to fix UDALL, a Senator from the State of the duties of the Chair. something in that area of patent re- New Mexico. DANIEL K. INOUYE, form that is not broken. But the patent President pro tempore. reform bill is important. We have PRAYER Mr. UDALL of New Mexico thereupon 750,000 patents that have been applied assumed the chair as Acting President The Chaplain, Dr. Barry C. Black, of- for, and there has been no response pro tempore. fered the following prayer: from the Patent Office. Mr. REID. Mr. President, I suggest Let us pray. One of the big issues we had was how the absence of a quorum. Almighty God, eternal and unchange- we are going to pay for this, the work The ACTING PRESIDENT pro tem- able, You have ordained that day fol- they have to do. We had a novel idea. pore. The clerk will call the roll. lows night and that in trials we find Senator COBURN, it is my under- The legislative clerk proceeded to our triumph. Keep our lawmakers standing, came up with the idea first: call the roll. aware of Your goodness and mercies, have the Patent Office pay for it with Mr. REID. Mr. President, I ask unan- which never fail. Lift them above con- the applications people file. That imous consent that the order for the tention and disappointment to an opti- money would go to the Patent Office to quorum call be rescinded. mism that trusts the unfolding of Your get rid of that backlog. The ACTING PRESIDENT pro tem- loving providence. May they also live In the past, as I understand it, those pore. Without objection, it is so or- with the awareness that our times are moneys have gone to the general fund. dered. in Your hands. Lord, give our Senators So that issue was going to be a big de- the wisdom to rededicate themselves to f batable issue on this bill. But there the doing of Your will, so that this Na- RECOGNITION OF THE MAJORITY was a bipartisan agreement that we tion may yet shine with the beauty of LEADER should take care of that. That is in the righteousness and justice, as a citadel managers’ package. So that is good. The ACTING PRESIDENT pro tem- of healing, wisdom, and strength. So the other issue is on the first-to- pore. The majority leader is recog- We pray in Your merciful Name. file. Senator FEINSTEIN offered that nized. Amen. amendment. We will have a vote on f that as soon as we can. I would hope if f SCHEDULE there are other amendments, we can PLEDGE OF ALLEGIANCE get to them quickly. Mr. REID. Mr. President, following There will be a period of morning The Honorable TOM UDALL led the any leader remarks, the Senate will Pledge of Allegiance, as follows: business from 2 to 4 p.m. today. The proceed to a period of morning business majority will control the first hour, I pledge allegiance to the Flag of the until 11 a.m., with Senators permitted United States of America, and to the Repub- and the Republicans will control the to speak therein for up to 10 minutes next hour. lic for which it stands, one nation under God, each. The Republicans will control the indivisible, with liberty and justice for all. Senators should expect rollcall votes first half, and the majority will control in relation to amendments on the f the final half. America Invents Act to occur through- APPOINTMENT OF ACTING At 11 a.m., the Senate will resume out the day. PRESIDENT PRO TEMPORE consideration of S. 23, the America In- vents Act. I would hope if people have f The PRESIDING OFFICER. The amendments they want to offer to this RECOGNITION OF THE MINORITY clerk will please read a communication legislation they would do so. I would LEADER to the Senate from the President pro hope they would be germane, but there The ACTING PRESIDENT pro tem- tempore (Mr. INOUYE). are no restrictions. People can offer The legislative clerk read the fol- pore. The Republican leader is recog- whatever amendments they want on nized. lowing letter: this matter. But I would hope we can f U.S. SENATE, do that. PRESIDENT PRO TEMPORE, PATENT REFORM GOVERNMENT SPENDING Washington, DC, March 3, 2011. To the Senate: We had an important amendment of- Mr. MCCONNELL. Mr. President, for Under the provisions of rule I, paragraph 3, fered by Senator FEINSTEIN yesterday. 2 years now Washington Democrats of the Standing Rules of the Senate, I hereby It is an extremely important measure. have taken fiscal recklessness to new

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

S1171

VerDate Mar 15 2010 00:46 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.000 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1172 CONGRESSIONAL RECORD — SENATE March 3, 2011 heights. They have spent trillions of actually live within our means, the of many of our great Federal employ- dollars we do not have on things we do way most people do, count on me show- ees who provide the services day-in and not need and cannot afford. The ing up early for this meeting. Unfortu- day-out to make sure many important amount of red ink Democrats plan to nately, I suspect the President is once public purposes are served. rack up this year alone would exceed again just saying something he thinks I know the Presiding Officer realizes all the debt run up by the Federal Gov- people want to hear. this is an initiative that our former ernment from its inception through The fact is, if Democrats had a plan colleague, the Senator from Delaware, 1984. of their own that would cut one dollar started. I was proud, when Senator This recklessness is the reason we in spending, I think we would have Kaufman moved on, to pick up that have seen a national uprising against seen it by now. But we have not. Demo- mantle on a regular basis, coming to their policies. Americans have de- crats have abdicated all responsibility the floor of the Senate to recognize manded we reverse this recklessness for their own recklessness over the last Federal employees who very often, in and restore balance. Democrats have 2 years. They have left us to do some- an unsung way, do great things for our resisted at every turn. thing about it. country. To conceal the extent of their spend- We made a step in the right direction The Federal employee I am going to ing plans, they did not even pass a yesterday after months of resistance recognize is someone who the Presiding budget last year. After a nationwide re- on their part. Now we look forward to Officer, who I know, spends a lot of pudiation of their policies in Novem- their plan. It is time for Democrats to time in the air, coming from the great ber, they proposed a massive spending present a serious plan of their own that State of New Mexico, will be particu- bill loaded with new spending that addresses this crisis. It is time for larly interested in. My colleague, the amounted to a slap in the face to the Democrats to take the concerns of the Senator from Illinois, who is also voters. American people seriously. present, spends a lot of time in the air Following the outrage that provoked, as well. That is the subject of what we they tried to get a spending freeze past f will talk about today. the public. They said: How about we RESERVATION OF LEADER TIME Nearly 2 million people in the United just lock in place the out-of-control States take to the skies every day. spending levels we set last year? The ACTING PRESIDENT pro tem- Once in flight, their safety relies on To them, this entire debate is not pore. Under the previous order, the the diligent work of individuals respon- about how to respond to the American leadership time is reserved. sible for ensuring that airplanes are people. It is about seeing what they f well-designed and safe. When we reach can get away with. our destination, as we often do, it is be- Well, Republicans have taken a dif- MORNING BUSINESS cause of their tireless work. ferent approach. Responding to our The ACTING PRESIDENT pro tem- In the rare moments when accidents constituents, we have insisted the sta- pore. Under the previous order, the happen, we rely on individuals like tus quo simply will not cut it anymore. Senate will be in a period of morning Robert Benzon who possess the skill We have insisted on actually shrinking business until 11 a.m., with Senators and innovative thinking to find the the size of government. And yesterday permitted to speak therein for up to 10 cause of the accident and ensure we we delivered, by forcing the first actual minutes each, with the time equally di- don’t make the same mistake twice. cut in government spending in recent vided and controlled between the two Robert Benzon is a senior air safety memory. leaders or their designees, with the Re- investigator with the National Trans- While it was just a small first step, publicans controlling the first half, and portation Safety Board. His job is to yesterday we showed it is actually pos- the majority controlling the final half. investigate aircraft accidents. He ana- sible to change the status quo in Wash- The Republican leader is recognized. lyzes the equipment and data, identi- ington. Not bad. (The remarks of Mr. MCCONNELL and fies the cause of the accident and What about the White House? The Mr. PAUL pertaining to the introduc- makes recommendations to the indus- White House responded to all of this by tion of S. 468 are printed in today’s try on how to improve safety. announcing they want to have a meet- RECORD under ‘‘Statements on Intro- He began his career flying combat ing. We are happy to go to the meeting, duced Bills and Joint Resolutions.’’) missions in Vietnam as an Air Force but putting a meeting on the schedule Mr. PAUL. Mr. President, I note the pilot. In 1984, he went to work for the does not change the fact that neither absence of a quorum. National Transportation Safety Board the White House nor a single Democrat The ACTING PRESIDENT pro tem- in Chicago. Over his 25-year career, he has served in Congress has proposed a plan that pore. The clerk will call the roll. as the lead investigator in several would allow the government to remain The legislative clerk proceeded to high-profile cases and is considered the open and that would respond to the call the roll. best in his field. More than 80 percent voters by reining in spending. Mr. WARNER. Mr. President, I ask All we get is talk. The President of his team’s recommendations have unanimous consent that the order for made an audacious assertion yesterday been adopted by the industry. the quorum call be rescinded. after the 2-week CR was passed. He said In 1996, Mr. Benzon led the investiga- The ACTING PRESIDENT pro tem- he wants his advisers to come up with tion of the TWA flight 800 crash in the pore. Without objection, it is so or- a plan that ‘‘makes sure we are living Atlantic Ocean. His investigation fol- dered. within our means.’’ Live within our lowing this crash led to the rec- Mr. WARNER. Mr. President, I ask to means? ommendation that oxygen contained in Let me remind you, Mr. President, speak for up to 8 minutes on the Demo- aircraft fuel tanks be replaced with an- that the President’s budget has us cratic time. other nonburning gas, like Nitrogen, to amassing a national debt of more than The ACTING PRESIDENT pro tem- prevent fuel tank explosions. $20 trillion within the next 5 years— pore. Without objection, it is so or- In 2001, Mr. Benzon led the investiga- amassing a national debt of over $20 dered. tion of the fatal crash of American Air- trillion within the next 5 years. We are f lines flight 587 in Queens, NY. His in- projected to spend this year $1.6 tril- vestigation led to an industry-wide re- HONORING ROBERT BENZON lion this year more than we are taking design of the rudder system, as well as in. That is a $1.6 trillion deficit this Mr. WARNER. Mr. President, I rise changes to the pilot training program year. today to honor another great Federal for similar aircrafts. Does this mean we can expect the employee and a constituent of mine Mr. Benzon also led the investigation President’s Budget Director to present from Fredericksburg, VA. of U.S. Airways flight 1549, known na- us with a piece of paper that outlines As we debate this week and over the tionwide as the ‘‘Miracle on the Hud- $1.6 trillion in cuts for the current fis- coming weeks about making sure the son,’’ which made Captain Sullenberger cal year? If so, that is great news. Federal Government stays open, I a household name. His investigation in- If the President’s measure of success, think it is important to realize what cluded an analysis of the engine dam- as he said, is a plan that makes sure we we are talking about are the real lives age and black box flight recorders,

VerDate Mar 15 2010 00:46 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.008 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 3, 2011 CONGRESSIONAL RECORD — SENATE S1173 interviews with the pilots, cabin crew, what became Libya. Payments contin- She hinted that our policy may be air traffic controllers and passengers, ued under the Adams and Jefferson ad- changing and that is welcome news. I and meetings with the manufacturers ministrations, but as always with kid- asked, ‘‘if we can’t be tough on pirates, of both the airplane and its engines. nappers and pirates, ransoms only led who can we be tough on?’’ Mr. Benzon has also been a strong ad- to more danger on the high seas. Today, I am announcing the start of vocate for the collection of more in- In 1801, President Thomas Jefferson an effort here in the Senate to draft flight data points from flight recorder decided that payments of tribute to the legislation and support administration black boxes, which he believes is crit- Barbary States in exchange for the safe action along the lines of Jefferson’s ical to understanding what exactly passage of American shipping vessels policy on pirates. may have gone wrong during a flight. had gone far enough. Over the next 5 These legislative concepts shall be His efforts have led to a significant in- years, Jefferson sent the new U.S. collectively referred to as the ‘‘Decatur crease in data: from less than 10 data Navy—ironically built over his objec- Initiative,’’ Decatur, whose most dar- points collected in-flight to over 1,000. tion—to attack and defeat the pirates. ing mission involved recapturing the In an interview, Mr. Benzon said, In the conflict that followed, new U.S.S. Philadelphia from pirates. ‘‘[My work] is a way of giving back—I American heroes were made, especially The time has come for us to advance get a good feeling after every one of Captain Stephen Decatur. Decatur’s ex- the following: 1. A defined ‘‘Pirate Ex- these investigations is over. It’s service ploits were dangerous and involved clusion Zone’’ that would allow the im- to the country.’’ close quarters in combat. In his honor, mediate boarding and/or sinking of any It is this sentiment that inspires me my State of Illinois named one of its vessel from Somalia not approved and to highlight great Federal employees major cities after him, placing his stat- certified for sea by allied forces; 2. an on the Senate floor. There are count- ue in the city’s center. expedited legal regime permitting trial less Federal employees who dedicate In the end, piracy was defeated and and detention of pirates captured on their lives to making the rest of our the flag of the United States was not the high seas; 3. a blockade of pirate- lives better and safer. strongly challenged by pirates until dominated ports like Hobyo, Somalia; Each day we set foot on an airplane this century. 4. broad powers and authority to on- and arrive safely at our destination, we In the wake of the murder of four scene commanders to attack or arrest have Robert Benzon and his team to Americans by Somali pirates, we need pirates once outside Somalia’s 12-mile thank. I hope that my Senate col- to recall Jefferson’s policy under what territorial limit—this would include leagues will join me in honoring Robert I would call the ‘‘Decatur Initiative’’ the summary sinking of pirate ships if Benzon and all those at the National against Indian Ocean pirates. a local commander deems it warranted. Transportation Safety Board for their Since 2006, pirates attacked more and Additionally, I will explore actions to dedicated service and important con- more vessels. There were over 400 at- attack the financial links between pi- tribution to our Nation’s aviation safe- tacks just last year. According to the rates and the terrorist groups such as ty. New York Times, the modern-day pi- al Shabaab and target pirates with fi- I know Senators share the regard for rates of the 21st century currently hold nancial sanctions in the same way as this Federal employee and the many 50 vessels and more than 800 hostages. other terrorist networks. others who make our country a better According to the International Mari- In the wake of the recent tragedy in place. It is my hope that in the coming time Bureau, pirates murdered 379 peo- the Arabian Sea, where American mis- weeks we can come to some resolution ple with an additional 199 individuals sionaries were gunned down in cold so these Federal employees can know reported missing between 1993 and 2009. blood, I am hopeful that many of my that for the balance of this fiscal year According to reports, the typical pi- colleagues will be willing to join me in the Federal Government will stay in rate ransom in 2005 was between taking bold action against the pirates operation and that they can continue $100,000 and $200,000. By 2008, the aver- who have been operating in the waters to do their work. age ransom grew to between $500,000 ad off East Africa. It is ironic that the With that, I yield the floor and sug- $2 million. One year later, in 2009, the United States and our allies station gest the absence of a quorum. average ransom reportedly grew again substantial naval forces against pirates The ACTING PRESIDENT pro tem- to a range between $1.5 million and $3.5 in this region but take little aggressive pore. The clerk will call the roll. million, In late 2010, ransoms now action against them. While the pirates The legislative clerk proceeded to hover around $4 million per vessel. have substantial strength on the call the roll. Ransom payments as large as $9.5 mil- ground in Somalia, once they’re put to Mr. KIRK. Mr. President, I ask unan- lion for a tanker carrying crude oil sea, we can be their masters and they imous consent that the order for the have also been reported by the media. have very weak means to oppose us. A quorum call be rescinded. Recently, pirates captured a super- set of vessels blockading pirate-domi- The ACTING PRESIDENT pro tem- tanker worth $200 million carrying 2 nated ports with aggressive orders to pore. Without objection, it is so or- million barrels of oil bound for the U.S. attack and sink any vessel leaving So- dered. Its ransom may become the mother malia should make quick work of pi- f load for pirates to extend their reach rate operations. across the Indian Ocean and into the The cost of oil and the price of gas is SOMALI PIRATES Red Sea and Persian Gulf. We would be high enough. Further increases could Mr. KIRK. With the cold-blooded naive not to expect profits from piracy endanger our slowly recovering econ- murder of four Americans by pirates, will not be used to support terrorism omy. As part of the effort to stabilize our country faces a dangerous enemy against the West. the price of gas in America, we need to as old as the second Washington ad- The Horn of Africa is of crucial im- recover Jefferson’s policy and attack ministration and the earliest days of portance, not only to the U.S. econ- and defeat Somali pirates as soon as the U.S. Navy. omy, but also to the global market as they leave Somalia’s territorial waters. This danger now stretches across our it serves as a major artery of inter- In addition, as this body begins to fi- vital oil supply lanes and threatens not national shipping. The oil tankers that nalize spending legislation for the re- just Americans handing out Bibles at cruise these waters provide much of mainder of the year, I would like to Indian Ocean ports of call but our vital the world’s energy supply and we can- highlight the growing danger to the supply of energy. I think it is time to not risk the safety of those shipments. U.S. economy and our country. recall the tough choices made by the This region is a potential incubator for We all know that the national debt Jefferson administration to suppress the growth of two burgeoning al Qaida now tops $14 trillion but we should note the 21st century’s pirates in this new franchises: al Qaida in the Islamic that this means we are adding $35 bil- chapter. Magreb, AQIM, and Somalia’s al- lion to our debts each week or over $5 We may forget that as much as 10 Shabaab group, which has pledged its billion borrowed each day. percent of all Federal revenues were loyalty to Osama bin Laden. That $4 billion cut represents just .3 paid by the Washington administration Yesterday, I raised this issue with percent of this year’s annual deficit or to the Barbary pirates operating in our Secretary of State, Hillary Clinton. just three one-hundredths of 1 percent

VerDate Mar 15 2010 00:46 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.001 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1174 CONGRESSIONAL RECORD — SENATE March 3, 2011 of the current money we owe. The fa- ent; that the patent dates to the day it and, second, to acquire the legal rights mous Harvard economic historian Niall is filed. That is what we do in law and to those inventions so they have a Ferguson said you can mark the de- virtually every other situation I can property interest in them, and inves- cline of a country when it pays more imagine. tors can then count on a return of their money to its lenders than to its army. Instead, what has been the law is investment if they supply the capital We have already crossed that point. called the first-to-invent system. One for the invention to be brought to mar- This year the Congressional Budget Of- of the reasons the whole patent reform ket. fice estimates that interest payments movement began 5 or 6 years ago was What we are talking about is critical. we will pay to our money lenders will that this system is very costly and dif- I urge my colleagues who perhaps have top $225 billion. That is more than the ficult to administer because it relies on not focused as much on this amend- cost of our Army, which we currently a lot of legal discovery and legal proc- ment and on the patent reform legisla- estimate costs about $195 billion, or ess to resolve questions or disputes be- tion to understand that we are talking our Air Force, which we estimate costs tween who actually conceived of the about something very important, $201 billion, or even our Navy, which idea first and then did they apply the something that can create jobs, that is will cost $217 billion this year. necessary diligence to get it patented. important to the competitiveness of Our money lender costs now are high- As a result, every other industrialized our country. er than the entire gross domestic prod- country uses the first-to-file system. The beauty is, unlike a lot of what uct of the country of Denmark, at $201 Most of the companies in the United we do around here, this is totally bi- billion. We must pay $4 billion per States are obviously used to that sys- partisan. I am a Republican. The ad- week in interest or $616 million per day tem because of their patents that are ministration supports the legislation. to our money lenders. What is worse, worldwide in scope. It has Senator LEAHY’s name on it as interest payments are expected to The fundamental reform of the pat- chairman of the Judiciary Committee. more than double over the next decade ent legislation to simplify, to reduce In the House, it is supported by Demo- and will top $778 billion. That means costs, to reduce the potential for litiga- crats and Republicans. It is important soon we will have to pay our money tion was to conform our system to that we move this legislation through. lenders more than it costs to operate of the rest of the world—the first-to- As I said, unfortunately, the Fein- our Army, Navy, and Air Force com- file system. stein amendment would result in hav- bined at $623 billion. What the Feinstein amendment ing to scrap the bill. There is no point Remember also that interest pay- would do is to throw that over and say: in enacting it if we are not going to in- ments on the debt are a form of wealth No, we are going to go back to the conclude the change to first to file. transfer from hard-working middle- cept of this first-to-conceive-of-the- Let me be a little more specific. One class Americans who pay Federal taxes idea or first-to-invent notion. Whether of the reasons we would not be able to to wealthy lenders, many of whom live intended or not, that will kill the bill. move forward with the bill is the bill’s abroad. For those in the Senate who It is a poison pill amendment because entire post-grant review process, which are opposing budget constraints put in the whole concept of the legislation is a big part of the bill, would be im- by the House, we should force them to and everything that follows from it is possible for the Patent Office to admin- admit that they are either for higher based on this first-to-file reform. ister under the discovery-intensive in- taxes for the American people or more As I will note a little bit later, the vention date issues that arise under borrowing that transfers wealth from bill simply would not work otherwise. the first-to-invent system. That is be- hard-working middle-class Americans We would have to scrap it and start cause, as I said, under that system you to high-income money lenders, most of from scratch. In fact, most of the re- come before the Patent Office and say: whom now live abroad. forms that are in the bill would not I realize nobody else had a record of Mr. President, I yield the floor. I sug- exist because we would have to go back this, but I actually thought of this idea gest the absence of a quorum. to that concept of first-to-invent. So way back in 1999. I have a couple of The ACTING PRESIDENT pro tem- all of the savings and simplified proce- notes that I made to myself. I dated pore. Will the Senator withhold his re- dures would simply not be possible. them. One can see that all of a sudden quest? Unfortunately, I note that if my col- they are getting into a big discovery Mr. KIRK. I withhold. leagues have any notion of supporting and legal process. That is what we are The ACTING PRESIDENT pro tem- the Feinstein amendment, they should trying to get away from. The whole pore. The Senator from Arizona. realize that were it to be adopted, it post-grant review process would be Mr. KYL. Mr. President, I ask unani- would kill the bill. I do not think that turned upside down if we went back to mous consent to speak in morning is what we want to do. There have been the first-to-invent principle. business for 10 minutes. so many improvements made in the Also, striking the first-to-file provi- The ACTING PRESIDENT pro tem- bill. So many groups—all three of the sions would greatly increase the work- pore. Without objection, it is so or- major groups that have been working load for the Patent and Trademark Of- dered. on the legislation are in support of the fice. What we are trying to do is sim- f legislation and oppose the Feinstein plify procedures so they can get their amendment because they want us to work done, get the patents approved so FIRST-TO-FILE PROVISIONS move forward. We have not had patent our businesses can better compete in Mr. KYL. Mr. President, I wish to reform in many years. Everybody rec- the world, and also provide more speak on the pending business before ognizes it is time. money for them to do that job. That the Senate. We are hoping in maybe 45 First and foremost, the administra- also would be jeopardized as a result of minutes or so we will actually be able tion and the Patent Office itself sup- this amendment. We will just add to vote on the Feinstein amendment to port the legislation and oppose the backlogs and delays and not enable our the patent bill. I am hoping that my Feinstein amendment. In fact, one of Patent Office to do what we are asking colleagues will vote against the Fein- the good changes made by the bill from it to do. stein amendment and support the au- the Patent Office’s point of view is that As I said, that is one of the reasons thors of the legislation. it will stop fee diversion. In the past, the Patent Office opposes the Feinstein I noted yesterday that every version the fees that have been collected, the amendment and supports the under- of the patent bill from 2005 forward has filing fees from the inventors, have not lying legislation. It is interesting; included the primary, centerpiece re- all gone to the Patent Office. They are many American companies already use form of the bill, which is the so-called woefully understaffed and underfunded first-to-file. It is the easiest, most di- first-to-file system. It may seem in working through the tens and hun- rect way to confirm you have the pat- strange, but it has not been the case dreds of thousands of patent applica- ent. It is very hard to win a patent con- before this bill that you have a pat- tions that are filed every year. test through what is called an inter- ent’s priority from when you file it; As we can all appreciate, our com- ference proceeding if you were not the that is to say, the first person to file on petitiveness in the world depends, first, first to file, which, of course, is logical. the patent is the one who has the pat- on the ability of our people to invent And because all the other countries in

VerDate Mar 15 2010 00:46 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.013 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 3, 2011 CONGRESSIONAL RECORD — SENATE S1175 the world use a first-to-file system, if the academic. That is what it is de- by quoting from that group’s state- you want your patent to be valid out- signed to do. This is not a case of big ment in opposition to the Feinstein side the United States you need to versus small, although people both big amendment. comply with first-to-file in any event. and small support the legislation. If The NAM supports transitioning the Among many of our most innovative anybody suggests the Feinstein amend- United States from a ‘‘first-to-invent’’ sys- companies, 70 percent of their licensing ment will protect the small inventor, it tem to a ‘‘first-to-file’’ system to eliminate revenues come from overseas. Obvi- does not protect the small inventor. In unnecessary cost and complexity in the U.S. ously, they are already going to be fact, as I said, the legislation is very patent system. Manufacturers large and complying with the first-to-file rules. small operate in the global marketplace and carefully crafted to give the small in- the United States needs to move toward a This bill does not, therefore, so much ventor a variety of ways to ensure that system that will provide more patent protec- switch the system with which Ameri- he or she is protected. tion around the world for our innovative cans are complying today as it simply The first coalition to bring the whole member companies. The ‘‘first-to-file’’ provi- allows American companies to only idea of patent reform to the Congress, sion currently included in S. 23 achieves this have to comply with one system rather the Coalition for 21st Century Patent goal. than two. As I said before, the first-to- Reform, is very strongly in support of Mr. President, I hope my colleagues file concept is clearer, faster, more the legislation and in opposition to the will pay close attention to the argu- transparent, and provides more cer- Feinstein amendment. In fact, it noted ments made by Chairman LEAHY and tainty to inventors and manufacturers. in a statement released Wednesday the arguments I have made in opposi- On the other hand, the first-to-invent that not only does it oppose the tion to the Feinstein amendment. concept would make it impossible, in amendment, it would oppose the entire Whether intended or not, it would be a many instances, to know who has pri- bill if the amendment were to be adopt- poison pill. It would kill the legislation ority and which of the competing pated and this first-to-file concept were if it were adopted. We need to move ents is the valid one. To determine who stricken from the bill. this important legislation forward, as has priority under first to invent, ex- In fact, here is what they said: the administration notes in its state- tensive discovery must be conducted The first-inventor-to-file provisions cur- ment of policy, and therefore I urge my and the Patent Office and courts must rently in S. 23 form the linchpin that makes colleagues, when we have an oppor- examine notebooks and other evidence possible the quality improvements that S. 23 tunity to vote on the Feinstein amend- to determine who conceived of the in- promises. ment, to vote against it and to support vention first and whether the inventor Here is what the Obama Statement of the legislation as reported. then diligently reduced it to practice. Administration Policy says. It lays out The ACTING PRESIDENT pro tem- Under first-to-file, on the other hand, exactly what is at stake: pore. Morning business is closed. an inventor can get priority by filing a By moving the United States to a first-to- f provisional application. This is an im- file system, the bill simplifies the process of portant point. It is easy. It is not as if acquiring rights. This essential provision PATENT REFORM ACT OF 2011 the first-to-file is hard to do. This pro- will reduce legal costs, improve fairness, and The ACTING PRESIDENT pro tem- visional application, which only costs support U.S. innovators seeking to market pore. Under the previous order, the their products and services in the global $110 for the small inventor, only re- marketplace. Senate will resume consideration of S. quires you to write a description of 23, which the clerk will report. I am continuing the statement: what your invention is and how it The legislative clerk read as follows: Most of the arguments in opposition to the works. That is all. That is the same A bill (S. 23) to amend title 35, United bill and FITF appear to be decades-old con- States Code, to provide for patent reform. thing that an inventor’s notebook tentions that have been fully and persua- would have to contain under the first- sively rebutted. As one example, the Na- Pending: to-invent concept if you are ever going tional Research Council of the National Leahy amendment No. 114, to improve the to prevail in court by proving your in- Academies assembled a group of leading pat- bill. vention date. ent professionals, economists, and academics Bennet amendment No. 116, to reduce the Because a provisional application is a who spent four years intensely studying fee amounts paid by small entities request- government document, the date is these issues and concluded in 2004 that the ing prioritized examination under Three- clear. There is no opportunity for move to FITF represented a necessary Track Examination. Feinstein amendment No. 133, to strike the fraudulently backdating the invention change for our patent system to operate fairly, effectively and efficiently in the 21st cen- first inventor to file requirement. date. There is no need for expensive tury. The ACTING PRESIDENT pro tem- discovery: What did the inventor know They go on to say: pore. The Senator from Vermont is rec- and when did he know it? You are es- ognized. sentially not requiring anything in ad- Without retaining S. 23’s current FITF provisions, the bill would no longer provide AMENDMENT NO. 133, AS MODIFIED dition. You file a provisional applica- meaningful patent reform. tion. You have an entire year to get all Mr. LEAHY. Mr. President, I under- Let me repeat that. If the Feinstein of your work together and file your stand we have the Feinstein amend- amendment would prevail, ‘‘the bill completed application, but your date is ment No. 133 at the desk. I ask unani- would no longer provide meaningful as of the time you file the provisional mous consent that the Feinstein patent reform.’’ application. amendment No. 133 be modified with As I said, for a small entity, the fee As an example, the new provisions on post- the changes that are at the desk. is only $110. That grace period makes it grant review of patents, an important new The ACTING PRESIDENT pro tem- mechanism for assuring patent quality, pore. Without objection, it is so or- clear that the patent will not be in- could no longer be made to work. Instead of valid because of disclosures made by dered. a patent reform bill, what would remain of S. The amendment, as modified, is as the inventor or someone who got infor- 23 would be essentially an empty shell. follows: mation from an inventor during 1 year Let me finish the statement: On page 2, line 3, strike ‘‘FIRST INVEN- before filing. That is important. Thus, we could not continue our support of A lot of academics and folks go to TOR TO FILE.’’ and insert ‘‘FALSE MARK- passage of S. 23 without the first-inventor- ING.’’ trade shows and begin talking about to-file provisions present in the bill. It would On page 2, strike line 4 and all that follows their concepts and what they have place us in the unfortunate position of op- through page 16, line 21, and insert the fol- done. If you disclose this, you have a posing moving forward with a bill where we lowing: year to file after you disclose the infor- have been among the longest, most ardent (a) FALSE MARKING.— mation. And under the bill’s second, supporters. On page 17, line 18, strike ‘‘(l)’’ and insert enhanced grace period, no other disclo- Just to conclude, the National Asso- ‘‘(b)’’. sure, regardless of whether it was ob- ciation of Manufacturers, which rep- On page 18, strike line 22 and all that follows through page 32, line 11. tained from the inventor, can then in- resents both large and small manufac- On page 66, strike line 9 and all that fol- validate the invention. turers in every industrial sector, has lows through page 67, line 8. The bill has been very carefully writ- also made it clear that it strongly op- On page 71, line 1, strike ‘‘derivation’’ and ten to protect the small inventor or poses the amendment. I will conclude insert ‘‘interference’’.

VerDate Mar 15 2010 03:31 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.014 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1176 CONGRESSIONAL RECORD — SENATE March 3, 2011 On page 71, line 5, strike ‘‘derivation’’ and effort—the transition to a first-inven- and inventors of all sizes by creating insert ‘‘interference’’. tor-to-file patent system. First-inven- certainty. Once a patent is granted, an On page 72, line 24, strike ‘‘DERIVATION’’ tor-to-file is a necessary component of inventor can rely on its filing date on and insert ‘‘INTERFERENCE’’. this legislation and enjoys support the face of the patent. On page 72, lines 24 and 25, strike ‘‘derivation’’ and insert ‘‘interference’’. from every corner of the patent com- The reduction in costs to patent ap- On page 73, line 4, strike ‘‘derivation’’ and munity. plications that comes with a transition insert ‘‘interference’’. The administration, the Secretary of to this system should also help the On page 73, line 18, strike ‘‘derivation’’ and Commerce, and the head of the Patent small independent inventor. In the cur- insert ‘‘interference’’. and Trademark Office all oppose this rent outdated system where more than On page 73, line 23, strike ‘‘derivation’’ and amendment. A vast array of individ- one application claiming the same in- insert ‘‘interference’’. uals, independent small inventors, vention is filed, the priority of a right On page 74, lines 2 and 3, strike ‘‘deriva- small businesses, and labor oppose this to a patent is decided through an ‘‘in- tion’’ and insert ‘‘interference’’. On page 74, between lines 20 and 21, insert amendment. The four senior Repub- terference’’ proceeding to determine the following: licans on the Judiciary Committee who which applicant can be declared to (d) CONFORMING AMENDMENTS.—Sections 41, have worked so hard on this bill—Sen- have invented the claimed invention 134, 145, 146, 154, 305, and 314 of title 35, ators GRASSLEY, HATCH, KYL, and SES- first. It is lengthy, it is complex, and it United States Code, are each amended by SIONS—oppose this amendment. Need- can cost hundreds of thousands of dol- striking ‘‘Board of Patent Appeals and Inter- less to say, I oppose this amendment. lars. Small inventors rarely, if ever, ferences’’ each place that term appears and It would be a poison pill to these legis- win interference proceedings. In a first- inserting ‘‘Patent Trial and Appeal Board’’. lative reform efforts. inventor-to-file system, however, the On page 74, line 21, strike ‘‘(d)’’ and insert filing date of the application is objec- ‘‘(e)’’. Supporters of the legislation before On page 95, strike lines 13 through 15, and us—ranging from high-tech and life tive and easy to determine, resulting in insert the following: by inserting ‘‘(other sciences companies to universities and a streamlined and less costly process. than the requirement to disclose the best small businesses—place such a high im- The bill protects against the con- mode)’’ after ‘‘section 112 of this title’’. portance on the transition to the first- cerns of many small inventors and uni- Mr. LEAHY. Mr. President, I wish to inventor-to-file system that many of versities by including a 1-year grace thank the distinguished Senator from them, including those who reside in period to ensure the inventor’s own Arizona for his words here this morn- just about every State, would not sup- publication or disclosure cannot be ing. He is part of the small group of Re- port a bill without those provisions. used against him as prior art but will publicans and Democrats who have A transition to first-inventor-to-file act as prior art against another patent worked very hard over the last couple has been part of this bill since its in- application. This encourages early dis- of years on this bill with the idea of troduction four Congresses ago. Yet, closure of new inventions regardless of giving us something that would allow until very recently, first-inventor-to- whether the inventor ends up trying to inventors, innovators, and entre- file was never the subject of even a sin- patent the invention. The transition to first-inventor-to- preneurs in America to be able to com- gle amendment in the Judiciary Com- file is ultimately needed to help Amer- pete with the rest of the world. mittee over all those years. This legis- ican companies and innovators com- I am one American who believes we lation is the product of eight Senate pete globally. As business and competi- can compete with anybody anywhere hearings and three markups spanning tion increasingly operate on a world- provided we get a level playing field. weeks of consideration and numerous wide scale, inventors have to file pat- Other countries have set up enough amendments. Never was first-inventor- ent applications in both the United barriers for us of their own. We to-file a contentious issue. Now some States and other countries for protec- shouldn’t be setting up barriers here in well-financed special interests that do not support the America Invents Act tion of their inventions. Since Amer- the United States. One thing we can do ica’s current outdated system differs is to make some major, long-overdue have decided to kill the bill by a last- minute campaign to strike these vital from the first-inventor-to-file system changes in the patent laws to give us used in other patent-issuing jurisdic- that level playing field. Inventors and provisions. I urge Senators to support the goals tions—all our competitors—it causes innovators in America who will take of the America Invents Act and vote confusion and inefficiencies for Amer- advantage of this will be better off for against this amendment to strike first- ican companies and innovators. Harmo- it and will create jobs, but most impor- inventor-to-file. nization will benefit American inven- tantly, we will show the rest of the Mr. President, the United States is tors. world that America is open for busi- the only industrialized country still Commerce Secretary Gary Locke ness. using a first-to-invent system, and highlighted the importance of the first- Americans can be the innovators there is a reason for that. A first-in- inventor-to-file provision to the bill in they have been from the time the first ventor-to-file system, by contrast, his column published in The Hill yes- patent was issued—and I say this with where the priority of a right to a pat- terday. He noted that it ‘‘would be pride—to a Vermonter back when then- ent is based on the earlier filed applica- good for U.S. businesses, providing a Secretary of State Thomas Jefferson tion, adds simplicity and objectivity more transparent and cost-effective reviewed the application, which was into a very complex system. By con- process that puts them on a level play- then signed by the President of the trast, our current outdated method for ing field with their competitors around United States, George Washington. determining the priority right to a pat- the world.’’ Now, of course, they are not reviewed ent is extraordinarily complex, it is Secretary Locke went on to confront by the Secretary of State and signed by subjective, it is time-intensive, and it the erroneous notion that the current the President, thank goodness, because is expensive. The old system almost al- outdated system is better for small there are over 700,000 applications ways favors the larger corporation and independent inventors, and he did it pending. the deep pockets over the small inde- head-on by explaining that in his We need legislation to bring us up to pendent inventor. ‘‘strong opinion that the opposite is date, and this act will promote innova- This past weekend, the Washington true.’’ The first-inventor-to-file system tion, it will create new businesses and, Post editorial board endorsed the tran- is better for the small independent in- as a result, new jobs. This is bipartisan sition, calling our first-inventor-to-file ventor. As the Secretary noted: legislation that will allow inventors to standard a ‘‘bright line.’’ They went on The cost of proving that one was first to secure their patents more quickly and to say it would bring ‘‘certainty to the invent is prohibitive and requires detailed to have better success commercializing process.’’ The editorial also rightly rec- and complex documentation of the invention them. ognizes the ‘‘protections for academics process. In cases where there’s a dispute The pending amendment would gut about who the actual inventor is, it typically who share their ideas with outside col- costs at least $400,000 in legal fees, and even the reforms intended by the bill. With leagues or preview them in public sem- more if the case is appealed. By comparison, all due respect, it would destroy all the inars’’ that are included in the bill. establishing a filing date through a provi- work we have tried to do in this bill. It The transition to a first-inventor-to- sional application and establishing priority would eliminate a major piece of this file system will benefit small inventors of invention costs just $110.

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He reiterated that during ican ingenuity and innovation, we patent system that protects innovators and the past 7 years, under the current out- must have a patent system that is encourages meaningful breakthroughs would dated, cumbersome, and expensive sys- streamlined and efficient. The America help achieve that goal. tem, of almost 3 million applications Invents Act, and a transition to a first- filed, only 1 patent was granted to an inventor-to-file system in particular, is EXHIBIT 2 individual inventor who was the second crucial to fulfill this promise. I urge all NATIONAL ASSOCIATION to apply. Senators on both sides of the aisle to OF MANUFACTURERS, Our reform legislation enjoys broad oppose the Feinstein amendment and Washington, DC, March 2, 2011. support. I have already mentioned support the important provision of U.S. SENATE, some of those supporters, but let me first-inventor-to-file, which is at the Washington, DC. DEAR SENATOR: The National Association highlight a few more: heart of the America Invents Act. of Manufacturers (NAM), the nation’s largest Just yesterday, the National Associa- As I said, I submit the list of stake- industrial trade association representing tion of Manufacturers urged every Sen- holders across the spectrum from high- small and large manufacturers in every in- ator to oppose the effort to strike the tech and life sciences to universities dustrial sector and in all 50 states, urges you first-to-file transition, writing, ‘‘The and small inventors in support of a to oppose amendment 133 offered by Sen. NAM supports transitioning the United transition to the first-to-file system, Dianne Feinstein (D-CA) to S. 23,The Amer- States from a ‘first-to-invent’ system and ask unanimous consent that list be ica Invents Act. The amendment would remove a key provi- to a ‘first-to-file’ system to eliminate printed in the RECORD. sion in S. 23, The America Invents Act, unnecessary cost and complexity in the The ACTING PRESIDENT pro tem- which is strongly supported by manufactur- U.S. patent system.’’ pore. Without objection, it is so or- ers, the creation of a ‘‘first-inventor-to-file’’ The Small Business & Entrepreneur- dered. system. ship Council has expressed its strong (See exhibit 3.) The NAM supports transitioning the support for the first-inventor-to-file Mr. LEAHY. Mr. President, I see the United States from a ‘‘first-to-invent’’ sys- system, writing that ‘‘small firms will distinguished Senator from Delaware tem to a ‘‘first-to-file’’ system to eliminate in no way be disadvantaged, while op- who has been so helpful on this legisla- unnecessary cost and complexity in the U.S. portunities in the international mar- tion on the floor, so I yield the floor. patent system. Manufacturers large and kets will expand.’’ small operate in the global marketplace and EXHIBIT 1 the United States needs to move toward a The Intellectual Property Owners As- [From the Washington Post, Feb. 26, 2011] system that will provide more patent protec- sociation calls the first-inventor-to file PATENTING INNOVATION tion around the world for our innovative system ‘‘central to modernization and More than 60 years have passed since a member companies. The ‘‘first-to-file’’ provi- simplification of patent law’’ and ‘‘very major overhaul of the U.S. patent system sion currently included in S. 23 achieves this widely supported by U.S. companies.’’ has taken place. And it shows. goal. Independent inventor Louis Foreman The U.S. patent system lags woefully. One Thank you for your consideration and your has said the first-inventor-to-file tran- example: Patents in the United States are support for the ‘‘first-to-file’’ system. sition will help ‘‘independent inventors given to those ‘‘first to invent.’’ This ap- Sincerely, DOROTHY COLEMAN. across the country by strengthening proach is out of step with the rest of the the current system for entrepreneurs world’s ‘‘first to file’’ approach and is highly inefficient. It invites people to come out of FEBRUARY 28, 2011. and small businesses.’’ the woodwork years after a product has been Hon. PATRICK J. LEAHY, Six university, medical college, and on the market to claim credit and demand Russell Senate Office Building, higher education associations have royalties. Washington, DC. urged the transition to first-to-file, The secretive and lengthy U.S. process also DEAR SENATOR LEAHY: We write as the saying that it will ‘‘add greater clarity too often results in patents for products that presidents of six university, medical college, to the U.S. system.’’ are neither novel nor innovative. It leaves and higher education associations to express And, in urging the transition to the manufacturers vulnerable to infringement the strong support of our associations for S. 23, the Patent Reform Act of 2011, which was first-to-file system, the Association for lawsuits and damage awards long after their products have gone to market. reported by the Senate Judiciary Committee Competitive Technology, which rep- The Senate is poised to take up a bill on on a 15–0 vote and is scheduled to be consid- resents small and mid-size IT firms, Monday that would eliminate these defects ered by the Senate this week. This bipar- has said the current outdated system and bring the U.S. system into the 21st cen- tisan agreement represents the successful ‘‘negatively impacts entrepreneurs’’ tury. culmination of a thorough, balanced effort to and puts American inventors ‘‘at a dis- The Patent Reform Act, introduced by update the U.S. patent system to support advantage with competitors abroad Sens. Patrick J. Leahy (D-Vt.) and Orrin G. more effectively the nation’s economic com- who can implement first inventor to Hatch (R-Utah), would recognize the ‘‘first petitiveness and job creation in the increas- inventor to file’’ standard, creating a bright ingly competitive global environment of the file standards.’’ That is why it is so im- line—the date on which a patent application 21st century. portant to move to a first-inventor-to- was filed—and bringing certainty to the Our universities and medical colleges are file system. process. Yet the bill is not inflexible and this nation’s principal source of the funda- I ask unanimous consent copies of wisely keeps in place protections for aca- mental research that expands the frontiers the Washington Post editorial, ‘‘Pat- demics who share their ideas with outside of knowledge, strengthening the nation’s in- enting Innovation,’’ be printed in the colleagues or preview them in public semi- novative capacity. The patent system plays RECORD at the conclusion of my re- nars. a critical role in enabling these institutions marks. The bill also would increase protections for to transfer the discoveries arising from uni- The ACTING PRESIDENT pro tem- those with legitimate gripes. Third parties, versity research into the commercial sector currently shut out of the process, would be for development into products and processes pore. Without objection, it is so or- given clear rules and time limits to chal- that benefit society. dered. lenge patents that have not yet been ap- S. 23 will: (See exhibit 1.) proved. They’d also have a chance to lodge Harmonize the U.S. patent system with Mr. LEAHY. I also ask letters from objections after a patent has been granted; that of our major trading partners, enabling the National Association of Manufac- the U.S. Patent and Trademark Office (PTO) U.S. inventors to compete more effectively turers, higher education associations, would resolve these disputes. This safety in the global marketplace; the Small Business & Entrepreneurship valve should reduce the litigation costs asso- Improve patent quality by allowing third ciated with court challenges. parties to submit information to the USPTO Council be printed in the RECORD at The PTO has long been overwhelmed and concerning patents under examination, and the conclusion of my comments. underfunded. The bill would allow the agen- by creating an efficient, effective post-grant The ACTING PRESIDENT pro tem- cy to set the amount it charges for filings opposition proceeding to challenge patents pore. Without objection, it is so or- while providing discounts to solo inventors for nine months after they have been grant- dered. and small companies. An amendment likely ed, allowing challengers to eliminate weak (See exhibit 2.) to be introduced by Sen. Tom Coburn (R- patents that should not have been granted

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and strengthening those patents that survive SMALL BUSINESS & subsidize nonrelated programs. Instead, the challenge; ENTREPRENEURSHIP COUNCIL, those fees should be used to make for a Reduce patent litigation costs by estab- Oakton, VA, February 28, 2011. quicker, more predictable patent process. Thank you for your leadership Senator lishing the new post-grant procedure noted Hon. PATRICK LEAHY, Leahy. Please feel free to contact SBE Coun- above, and by significantly improving the U.S. Senate, Russell Senate Bldg., Washington, DC. cil if we can be of assistance on this impor- current inter partes review procedure, which DEAR SENATOR LEAHY: The Small Business tant issue for small businesses. will provide a lower-cost alternative to civil & Entrepreneurship Council (SBE Council) Sincerely, litigation to challenge a patent throughout and its members across the nation have been KAREN KERRIGAN, its lifetime, while significantly reducing the strong advocates for patent reform. We are President & CEO. capacity to mount harassing serial chal- pleased that you have introduced the Patent lenges; and Reform Act (S. 23), and we strongly endorse EXHIBIT 3 Provide USPTO with increased resources this important piece of legislation. RECORD SUBMISSIONS—FIRST-TO-FILE by providing this fee-funded agency with An effective and efficient patent system is Mr. President. We have heard from stake- critically needed fee-setting authority, sub- critical to small business and our overall holders from across the spectrum—from high ject to Congressional and Patent Public Ad- economy. After all, the U.S. leads the globe tech and life sciences, to universities and visory Committee oversight. in entrepreneurship, and innovation and in- small inventors—in support of the transition vention are central to our entrepreneurial We wish to call your attention to two im- to the first-to-file system. These supporters successes. Indeed, intellectual property— include: portant amendments that may be offered most certainly including patents—is a key during floor consideration: AdvaMed; American Bar Association; driver to U.S. economic growth. Patent re- American Council on Education; American Senator Coburn is expected to offer an form is needed to clarify and simplify the Intellectual Property Law Association; Asso- amendment to prevent diversion of fees col- system; to properly protect legitimate pat- ciation of American Medical Colleges; Asso- lective by USPTO. This amendment is a crit- ents; and to reduce costs in the system, in- ciation for Competitive Technology; Associa- ical accompaniment to the fee-setting au- cluding when it comes to litigation and the tion of American Universities; Association of thority provided by S. 23, allowing this seri- international marketplace. Public and Land-grant Universities; Associa- ously under-resourced agency to maintain Make no mistake, this is especially impor- tion of University Technology Managers; the fees necessary to carry out its critical tant for small businesses. As the Congres- Biotechnology Industry Organization; Busi- functions and reduce the backlog of patent sional Research Service has reported: ‘‘Sev- ness Software Alliance; Coalition for 21st applications. We urge you to support the eral studies commissioned by U.S. federal Century Patent Reform, a coalition of 50 Coburn amendment. agencies have concluded that individuals and companies from 18 different industry sectors, small entities constitute a significant source Senators Feinstein, Boxer, and Reid are ex- such as General Electric, Procter & Gamble, of innovative products and services. Studies pected to offer an amendment to eliminate 3M, Pfizer, and Cargill. have also indicated that entrepreneurs and Council on Governmental Relations; Gary the transition to a first-inventor-to-file sys- small, innovative firms rely more heavily Michelson, Independent Inventor; Genentech; tem. The National Academies, in its seminal upon the patent system than larger enter- Intellectual Property Owners Association; report on patent reform, A Patent System prises.’’ Louis J. Foreman, Enventys, Independent In- for the 21st Century, strongly recommended The Patent Reform Act works to improve ventor; National Association of Manufactur- moving from a first-to-invent to a first-in- the patent system in key ways, including, ers; The Native American Intellectual Prop- ventor-to-file system. Adopting a first-inven- for example, by lowering fees for micro-enti- erty Enterprise Council; PhRMA; Small tor-to-file system will harmonize the U.S. ties, and by shortening time periods for pat- Business and Entrepreneurship Council; patent law with that of our trading partners, ent reviews by making the system more pre- Software & Information Industry Associa- add greater clarity to the U.S. system by re- dictable. tion. placing the subjective determination of the During the debate over this legislation, it The ACTING PRESIDENT pro tem- first inventor with the objective identifica- is expected that two important areas of re- pore. The Senator from Delaware is tion of the first filer, and eliminate the costs form will come under attack. of interferences and litigation associated First, the U.S. patent system is out of step recognized. with determining the first inventor. We urge with the rest of the world. The U.S. grants Mr. COONS. Mr. President, I thank you to oppose the Feinstein, Boxer, and Reid patents on a first-to-invent basis, rather the chairman for his leadership on this amendment. than the first-inventor-to-file system that floor deliberation regarding S. 23, the We believe S. 23 reforms current U.S. law the rest of the world follows. First-to-invent America Invents Act. in a way that balances the interests of the is inherently ambiguous and costly, and I rise to speak in opposition to the various sectors of the patent community and that’s bad news for small businesses and in- Feinstein amendment, which would substantially improves the patent system dividual inventors. strike the first-to-file provision, which In a 2004 report from the National Re- overall, strengthening the capacity of this I think is one of the critical compo- search Council of the National Academies system to strengthen the nation’s innovative (titled ‘‘A Patent System for the 21st Cen- nents of this act that will harmonize capacity and economic competitiveness. We tury’’), it was pointed out: ‘‘For those sub- the patent system with that of the rest urge you to support this carefully crafted ject to challenge under first-to-invent, the of the world, as I heard Chairman legislation. proceeding is costly and often very pro- LEAHY speak to. This is the first com- Sincerely, tracted; frequently it moves from a USPTO ROBERT M. BERDAHL, prehensive patent reform bill in 60 administrative proceeding to full court liti- President, Association years. It is a key piece of our bipar- gation. In both venues it is not only evidence of American Univer- tisan work to make sure the United of who first reduced the invention to prac- sities; States remains a competitive country tice that is at issue but also questions of MOLLY CORBETT BROAD, which can once again be in the fore- proof of conception, diligence, abandonment, President, American suppression, and concealment, some of them front of world innovation. Council on Edu- requiring inquiry into what an inventor As someone who, like you, Mr. Presi- cation; thought and when the inventor thought it.’’ dent, is concerned about manufac- DARRELL G. KIRCH, The costs of this entire process fall more turing, is concerned about employ- President and CEO, heavily on small businesses and individual Association of Amer- ment, is concerned about jobs, one of inventors. ican Medical Col- the ways we can restrengthen, reinvig- As for the international marketplace, pat- leges; orate, reenergize manufacturing in this ent harmonization among nations will make PETER MCPHERSON, country is by making sure our Patent it easier, including less costly, for small President, Association firms and inventors to gain patent protec- and Trademark Office is as capable, is of Public and Land- tion in other nations, which is critical to as strong as it can possibly be. I take grant Universities; being able to compete internationally. By quite seriously that the Patent and ASHLEY J. STEVENS, moving to a first-inventor-to-file system, Trademark Office under the very able President, Association small firms will in no way be disadvantaged, leadership of Director Kappos is op- of University Tech- while opportunities in international markets nology Managers; posed to this amendment and has also will expand. ANTHONY P. DECRAPPEO, raised concern, which I share, that this Second, as for improving the performance amendment would tear apart the very President, Council on of the USPTO, it is critical that reform pro- Governmental Rela- tect the office against being a ‘‘profit cen- broad coalition that has worked so tions. ter’’ for the federal budget. That is, the hard and has negotiated this particular This letter was sent to all members of the USPTO fees should not be raided to aid Con- act, the America Invents Act, over the U.S. Senate. gress in spending more taxpayer dollars or to last 6 years.

VerDate Mar 15 2010 00:46 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.010 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 3, 2011 CONGRESSIONAL RECORD — SENATE S1179 On an issue that is as important as a first-to-file system will not lead di- entities to participate in the acceler- this, as critical as this to the protec- rectly to an increase in so-called junk ated patent examination program of tion of American innovation and the applications and will, instead, make the USPTO; and addressing concerns resulting creation of jobs, I think it is patent examination simpler, fairer, and with damages and venue provisions. I important that we in the Senate not more predictable. In short, my view is am proud to have worked with the allow this bipartisan bill to fall apart that it is crucial to the success of this chairman and the ranking member to over this issue. legislation. It is crucial for the coali- get these issues resolved. Transition to first-to-file is an im- tion that has come together over many I also commend Senator MENENDEZ provement over the current system be- years to support it. It is crucial for the on his amendment to provide a fast cause it provides increased predict- progress this act will make in track for patents that are critical for ability, certainty, and transparency. strengthening and streamlining the our national competitiveness, which I Patent priority will depend on the date patent review and granting process in cosponsored. of public disclosure and the effective the United States. So I urge my col- The Senate has come a long way to- filing date rather than on secret inven- leagues to oppose the amendment, ward improving our patent system with this legislation and harmonizing tor notebooks, secret personal files amendment No. 133. which may or may not be admissible I suggest the absence of a quorum. our system with the rest of the world. and often lead to long and contentious The PRESIDING OFFICER (Mr. There are a lot of people in my State who are interested in further improve- litigation, as the chairman mentioned BROWN of Ohio). The clerk will call the ments. I pledge to continue to work in his floor comments as well. roll. with them to help make sure we con- This predictability, the predict- The assistant legislative clerk pro- tinue to fine tune this legislation ability that the first-to-file system will ceeded to call the roll. where we can. Mr. BENNET. Mr. President, I ask bring, I believe will strengthen the The America Invents Act represents hand of investors, inventors, and the unanimous consent that the order for significant progress for our patent sys- public. All will know as soon as an ap- the quorum call be rescinded. tem. We are moving our patent system plication is filed whether it is likely to The PRESIDING OFFICER. Without into the new century, which is already have priority over other patent appli- objection, it is so ordered. being defined by the next wave of cations. Mr. BENNET. Mr. President, I would American innovation. The breadth of In contrast, the current system with like to speak briefly on the importance support for this legislation across in- which we worked for many years does of passing the America Invents Act. dustries and from large and small busi- not provide an easy way to determine Chairman LEAHY and the Judiciary nesses, as well as our universities, has priority. That is why interference pro- Committee have worked hard to put provided the momentum to complete ceedings can be so contentious, so long, this product on the floor that will this legislation. and so expensive. There are some small mark the biggest reforms to our patent I would like to close by again thank- inventors in particular who I know are system in 60 years. This bill will create ing the chairman and Judiciary Com- concerned that first-to-file will be used jobs in Colorado and across the country mittee. I urge my colleagues to vote by larger companies to steal away by promoting innovation. By making for patent reform. their rightful invention. This bill con- our patent system more efficient, we I thank the Chair. I yield the floor. tains critical protections for all inven- are building the foundation for future Mr. DURBIN. Mr. President, I ask tors so the ultimate new system, once economic growth. unanimous consent that the order for this is passed, will be more fair, more In my State alone, nearly 20,000 pat- the quorum call be rescinded. predictable, and transparent for all. ent applications have been granted be- The PRESIDING OFFICER. Without For those inventors who publicly dis- tween the years 2000 and 2009. These ap- objection, it is so ordered. close an invention before anybody else, plications have created the foundation Mr. DURBIN. Mr. President, I ask they have a 1-year grace period to for our clean energy economy and unanimous consent to be recognized as claim priority for any patent applica- emerging tech and bio industries. in morning business. tion based on the subject matter they Having a high quality U.S. Patent The PRESIDING OFFICER. Without objection, it is so ordered. disclose. Smaller inventors as well as and Trademark Office is essential to large inventors will be protected as maintaining American leadership in in- SETTING THE RECORD STRAIGHT soon as they publish or otherwise dis- novation. The America Invents Act Mr. DURBIN. This morning the Re- close under this America Invents Act. will help us grow new industries and publican leader came to the floor, Sen- In my view, that will increase the will help cure the backlog and delay ator MCCONNELL, and made some pret- free flow of ideas while still protecting that have stunted the ability of inven- ty strong and sweeping statements the IP rights of any inventor, large or tors to patent their ideas. about the state of the deficit and responsibility. I would like to have a small. Right now, the average pendency pe- The Patent and Trademark Office riod for a patent application is 36 chance to respond. Senator MCCONNELL said for 2 years commissioned a study of patent and months. That is unacceptable if we are now Washington Democrats have taken trademark applications filed over the to compete with the rest of the world. fiscal recklessness to new heights. The This does not even account for those last 7 years. They found only 1 out of amount of red ink Democrats plan to 300,000 filings would, under the new sys- patents that have been tied up in years wrack up this year alone would exceed tem, grant a patent to a large company of litigation after they are granted. all the debt run up by the Federal Gov- that might otherwise have gone to a And we have improved the bill on the ernment since its inception through small company or individual inventor. floor by helping solidify alternatives to 1984. By avoiding cost, the difficulty, the un- litigation, provide for more efficient I would like to set the record predictability of lengthy interference resolution of disputes and help create straight. Understand what the national proceedings, transition to first-to-file more certainty, which is essential to debt of America was when President will neutralize what I think is a big inventors. William Jefferson Clinton left office. structural advantage to large compa- It is hard to pass a jobs bill without We were running surpluses. We had not nies in the current dispute system. spending money, but that is absolutely done that for decades—surpluses in the First of all, it also gives the holder of what we have done here. The bill does Federal Treasury. a new patent increased confidence in a good job of balancing the interests of What did we do with all this money? the strength and reliability of this pat- innovators across the many sectors of We put it in the Social Security trust ent, which I also think will accelerate our economy. fund. We bought more longevity and venture capital investment, new com- We have passed a number of bipar- solvency for Social Security and, if you pany formation, and movement toward tisan amendments that have improved remember, the economy was never deployment of critical new technology. this bill. We added amendments pro- stronger. I think experience has shown in other moting the establishment of satellite William Jefferson Clinton left office, countries, in Europe and Canada, that USPTO offices in regions across the and at that moment in time, the na- transitioning from a first-to-invent to country; creating a discount for small tional debt, the accumulated debt of

VerDate Mar 15 2010 00:46 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.018 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1180 CONGRESSIONAL RECORD — SENATE March 3, 2011 America, from George Washington resumes and trying to get back to laboratory and most every other lab- until he left office, $5 trillion. Remem- work. These are people who want to oratory? It would eliminate one-third ber that number, $5 trillion. Fast for- work. They need a helping hand. This of the scientists and support staff ward 8 years after the end of President place has been successful. It places peo- working there and cut their research George W. Bush—8 years later—where ple in jobs. What would happen to that by 50 percent for the rest of the year. were we? The national debt was now $12 office under the House Republican So what? So what if we don’t move trillion. budget resolution? It would close its these pharmaceuticals forward to mar- Fiscal recklessness by Democrats? doors—more unemployed people, more ket sooner to save lives, if we don’t Under President Bush, the national unemployment checks. Is that the an- compete with the Chinese on this com- debt more than doubled. Instead of swer to putting America’s economy puter, if we don’t deal with battery leaving a surplus for President Obama, back on its feet? Is that how we are technology so we don’t lose that edge he said: Welcome to an economy that is going to get 15 million Americans back in the world? What will it mean? Lost hemorrhaging hundreds of thousands of to work? jobs. jobs lost every single month, and we How about the House Republicans’ The House Republicans weren’t anticipate next year’s deficit—he told proposal to eliminate $850 a year in thinking clearly. They were performing President Obama—to be $1.2 trillion. Pell grants. Senator LEAHY knows brain surgery with a hacksaw. As a re- That was what President Bush handed what that is all about. These are kids sult, they have cut what is essential to President Obama. from the poorest families, many of for the future: infrastructure projects, I do not mind a selective view of his- them for the first time in their family education, research. To have the Re- tory. I guess we are all guilty of that, have a chance to graduate from col- publican leader come and tell us we to some extent. But to ignore the fiscal lege, but they can’t make it; they don’t have to accept that, that that is the fu- mess created that more than doubled have enough money. We give them a ture of America—no, it is not. Time the national debt in 8 years, to ignore helping hand. The Republicans take it and again, when we sit down to deal that we waged two wars without pay- away. What will that do? The President with budget challenges, whether it is in ing for them, to ignore that we cut of Augustana College in Rock Island, the deficit commission, on which I was taxes in the midst of a war, which is IL, told me what it will mean. It will honored to serve, or whether it is in something no President in the history mean that 5 percent, 1 out of every 20 past negotiations, we open the table to of the United States has ever done, is students, will not finish the school all Federal spending, not just 14 per- to ignore reality. year. That is what the Republican cut cent, that tiny slice of the pie. The reality is, we are here today, in means. To cut job training, to cut edu- Senator MCCONNELL can remember— the midst of this Titanic struggle, cation when we have 15 million people and I can, too—under President George about whether we are going to con- out of work, what are they thinking? Herbert Walker Bush and under Presi- tinue to keep the Federal Government Not bad enough, I went to a medical dent Clinton, we put on the table tax functioning. We are being asked wheth- school in my hometown of Springfield, breaks for some of these oil companies er, 2 weeks from now, we want to have Southern Illinois University School of and corporations and said: Is it worth security at our airports, air traffic con- Medicine, and met with researchers. America’s future for us to give them a trollers, whether we want to have So- They get a few million a year to do tax break or to use the money to re- cial Security checks sent out, people medical research in fields of cancer duce the deficit? That is an honest actually sending a check, answering therapy, dealing with heart issues, question. Mandatory spending. All questions at the Internal Revenue dealing with complaints of returning these things need to be brought to the Service, whether we want the Securi- veterans. What do the House Repub- table for conversation, but that is not ties and Exchange Commission still licans do? They virtually close down the position of the Republicans. They working on Wall Street 2 weeks from research for the remainder of the year, would rather see us shut down the gov- now. close down this medical research. Is ernment than to open this conversa- We cannot lurch forward 2 weeks at a that right? Is that what we want? Have tion to the entire Federal budget. They time without doing a great disservice we ever had a sick person in our family would rather see us shut down the gov- to taxpayers of this country, as well as and we went to the doctor and asked: Is ernment than fight to make sure edu- to the men and women who work hard there anything, is there a drug, is there cation, training, research and innova- for our government every single day. something experimental, a clinical tion and infrastructure are there to What is the answer in the House of trial, is there anything? Have we ever build a strong American economy for Representatives? Well, the House of asked that question? If we did, we the future. Representatives says we need to cut know this cut by House Republicans is I say to my friend Senator MCCON- $100 billion this year. They started at mindless, to cut medical research at NELL, we don’t need any speeches from $60 billion, incidentally, and then de- this moment in history. that side of the aisle about a national cided that was not enough for bragging Then I went to a national laboratory, debt that more than doubled under the rights; let’s get up to $100 billion this the Argonne National Laboratory, on last Republican President. We have to year. Monday. What do they do there? A lot work together in a bipartisan way, ac- You say: Well, out of a budget of $3.7 of people can’t answer that question. I knowledging the reality of history, trillion, how big is that? Whoa. They learned specifically. Are Members that we all have had a hand in reaching did not look at the budget of $3.7 tril- aware of the Chevy Volt, a break- the point we are at today, both positive lion. They looked at one 14-percent through automobile, all electric? and negative, and we all need to take a slice of the pie, domestic discretionary Where did that battery in this auto- responsible position to move us for- spending. That is it. Nothing to be mobile come from? The Argonne Na- ward. taken out of the Department of De- tional Laboratory. How about the lat- I yield the floor. fense, nothing to be taken away in est pharmaceutical breakthroughs? The PRESIDING OFFICER. The Sen- terms of tax breaks for the wealthiest Virtually every one of them uses the ator from Vermont. corporations, the most successful cor- advanced photon source at the Argonne Mr. LEAHY. Mr. President, I appre- porations, nothing out of oil and gas National Laboratory. I met a man from ciate the comments of the Senator royalties and the like—nothing out of Eli Lilly who was there experimenting from Illinois. I recall great discussions that. We will take it all out of domes- with a new drug that can save lives. during the administration of President tic discretionary. How about computers? Where is the Reagan. I happened to like President So what did they take away? I looked fastest computer in the world today? I Reagan. We got along very well. But I in my State last week. I went up to wish it was in the United States. It is remember discussions on a balanced Woodstock, IL. We have an office there in China. We are now working on the budget and all that, as his budget tri- with counselors who are bringing in next fastest computer so we don’t lose pled the national debt. I do recall he unemployed people, sitting them in that edge. Where? At the Argonne Na- did veto one spending bill because it front of computers, with fax machines tional Laboratory. So what would the didn’t spend as much as he wanted. and copy machines. They are preparing House Republican budget do to that Rhetoric is one thing, as the Senator

VerDate Mar 15 2010 00:46 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.020 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 3, 2011 CONGRESSIONAL RECORD — SENATE S1181 from Illinois points out. Reality is But if in this legislation we all of a ficult for us to finally get a piece of often different. I thank him. sudden upset that apple cart, where we legislation. We have to respect the AMENDMENT NO. 133, AS MODIFIED are tilting the playing field in support rights of the small individuals, and we I ask unanimous consent that at 12:30 of large corporations that have already can’t have carve-outs for specific juris- p.m., the Senate proceed to a vote in made their mark and made their mar- dictions such as Wall Street who think relation to the Feinstein amendment kets and made their success and have they can have their cake and eat it too. No. 133, as modified, with no inter- slowed down on the rate and progress This has to be about how we move vening action or debate; that the time of innovation within their companies forward on a smoother patent process. until then be divided equally between and do a lot to acquire technology from We need to take into consideration the proponents and the opponents, and smaller inventors—and now, all of a that we have gotten to this great place no amendments be in order to the Fein- sudden in this underlying bill, particu- in our country because we have had a stein amendment prior to the vote. larly in the area of damages, make sure balance and an empowerment of these The PRESIDING OFFICER. Without the big corporations can win in any technologies. We should not all of a objection, it is so ordered. kind of legal dispute against the tech- sudden in one fell swoop take that Mr. LEAHY. I suggest the absence of nology holder or creator because they away on the Senate floor and basically a quorum and ask unanimous consent are able to outlast them in a legal bat- undermine what is the creative oppor- that the time be equally divided. tle because they are more well fi- tunity for the U.S. economy, which is The PRESIDING OFFICER. Without nanced, more well heeled, with the an invention. We want thousands and objection, it is so ordered. ability to draw out this battle—be- thousands of inventors—not just inven- The clerk will call the roll. cause of that change in the underlying tors who work for big corporations— The assistant legislative clerk pro- bill, we leave the small guy without thousands of inventors who have their ceeded to call the roll. many resources. rights. Ms. CANTWELL. Madam President, I The only thing the small inventor So I support the Feinstein amend- ask unanimous consent that the order has is their intellectual property and a ment. for the quorum call be rescinded. fair day in court. If now we take that I thank the President, and I yield the The PRESIDING OFFICER (Mrs. away from them, I guarantee you, they floor. HAGAN). Without objection, it is so or- will have less success. Then, when you The PRESIDING OFFICER. The Sen- dered. have less success of having 5,000 flowers ator from California. Ms. CANTWELL. Madam President, bloom, we have a problem. Mrs. FEINSTEIN. Madam President, am I correct there is a vote at 12:30? This is not about what five or six or I thank the Senator from Washington The PRESIDING OFFICER. That is seven large corporations can create. for her comments. We welcome her correct. This is about what thousands and thou- support. I was pleased to be able to lis- Ms. CANTWELL. The time is equally sands of innovators are going to create ten to her comments. divided on the Feinstein amendment? in the future and whether they are What is the current status of the The PRESIDING OFFICER. Correct. going to be incented or disincented to time allocation? Ms. CANTWELL. Madam President, I do that. The PRESIDING OFFICER. The pro- rise to support the Feinstein amend- The Feinstein amendment tries to ponents have 31⁄2 minutes remaining, ment and to ask my colleagues, who I protect the current process, to protect and the opponents have 10 minutes re- know have been working diligently on what are the rights of those inventors maining. the legislation for several years now, today under current law. I am sure my Mrs. FEINSTEIN. I ask unanimous to respect the very tough balance that colleagues will say: Well, that is not consent that our 31⁄2 minutes be ex- has been sought in this legislation as the way the rest of the world does it. I tended so that Senator RISCH, who will this legislation came out of the Judici- would say to my colleagues: I am not speak next, has the time he requires, ary Committee. sure the way the rest of the world does and I have the time for a few brief clos- I know we adopted a managers’ it is the mark we are trying to hit. ing remarks. amendment yesterday, and I know that What we are trying to preserve is the The PRESIDING OFFICER. Without managers’ amendment now is catching entrepreneurial spirit that has been objection, it is so ordered. a lot of people off guard because there created in the United States. I am not Mrs. FEINSTEIN. Thank you very are far more changes than people real- saying that is not based on just raw much. ized in that managers’ amendment that creativity of individuals—it is—but it The PRESIDING OFFICER. The Sen- I think upsets that apple cart of bal- is also based on financial incentive and ator from Idaho. ance that was struck in the Judiciary the incentive those individuals have Mr. RISCH. Madam President, I am Committee. that their intellectual property can be proud to come to the floor today to So I am urging my colleagues to sup- protected. speak on the amendment to which I am port the Feinstein amendment and ex- But if this is going to be a game a cosponsor. pressing my concern for the underlying about the big boys coming to Wash- This is simply a matter of fairness. bill that is something that, at this ington and squashing the small inven- With all due respect to my colleague point in time, I cannot support. tors, count me out. This has to be a from Washington, referencing her com- I do not come to that decision lightly level playing field. I get it is tempting ments about the big boys versus the nor because of the fact that I have to want to, in the last minute, stick small inventors and what have you, I many high-tech companies in the State into the managers’ amendment lan- don’t view it as that at all. I view it as of Washington that might say we need guage you could not get out of com- a fairness issue: The person who cre- patent reform and that this is good in- mittee. But if we want to get this legis- ated the invention gets the benefits of novation. But large high-tech compa- lation through this process, then we that creation, not the person with the nies are not the only ones that know have to take into consideration the fastest tennis shoes. That is what we something about innovation. In fact, rights of the inventors along with the are doing. most of the people who have helped rights of those larger companies that We are creating what is called a race build those organizations were once the are trying to acquire or integrate or be notice statute, which is similar to small inventors themselves of key part of the manufacturing on a larger what is in place in many States on real technology. scale of that inventor’s technology. estate filings. It has a legitimate place What is at stake is unbalancing the So I say to my colleagues, the Fein- in the real estate market but not here. apple cart as exists today to innova- stein amendment, in keeping the rights With so much on the line, with cre- tion—not just innovation in general of the inventors where they are, gives ativity on the line, it should be the but innovation in an information age. them at least a modicum of holding on person who actually does the invention The meal ticket for all of us is going to to that. I think the underlying bill has who reaps the benefits of that inven- be the invention and creation of new changed so much in the managers’ tion, and that is all this does. products and services. So that is the amendment that we are going down a The other thing I think is so impor- great time and age we live in. road that is going to make it very dif- tant is it preserves the situation we

VerDate Mar 15 2010 00:55 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.021 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1182 CONGRESSIONAL RECORD — SENATE March 3, 2011 have had for many years in place. I nings. They grew. This created jobs for The third reason, difficulty of prov- have heard people say: Oh, well, this is millions of Americans. They lifted our ing copying. The third major problem a poison pill. If you take this out, it economy and our standard of living. with this bill’s system is the difficulty kills the bill. That isn’t the case at all. The National Small Business Asso- of proving that someone copied an in- It simply preserves the situation we ciation is a supporter of this amend- vention. Currently, you as a first in- have in place today. It is the right ment, and just last week other small ventor can prove that you were first by thing to do. It is the fair thing to do. business inventor groups have joined presenting evidence that is in your I urge an affirmative vote for this them in saying that first-to-file ‘‘dis- control—this is under first-to-invent— amendment. rupts the unique American start-up your own records contemporaneously I yield the floor to my colleague from ecosystem that has led to America’s documenting the development of your California, Senator FEINSTEIN. standing as the global innovation lead- invention. But under this bill, to prove The PRESIDING OFFICER. The Sen- er.’’ that someone else’s patent application ator from California. First-to-invent has served our coun- came from you, was derived from you, Mrs. FEINSTEIN. Thank you very try well. Here are the main problems, you would have to submit documents much, Madam President. I thank Sen- as I see them, with the bill’s first-to- showing this copying. Because there is ator RISCH for his cosponsorship, and, file system: First, the grace period. It no discovery, you wouldn’t have those of course, I agree exactly with his ‘‘guts’’ the current grace period, in the documents in your possession, so it statement. words of a letter from 108 startups and makes proving your invention much At this time I wish to briefly summa- small businesses that protect inven- more difficult. The bill doesn’t provide rize the arguments in favor of our tors’ rights to their inventions for 1 for any discovery in these ‘‘derivation amendment to strike the first-to-file year from offering them for sale or proceedings.’’ Therefore, the first in- provisions from this bill. This amend- making a public use of them, among ventor can’t prove his or her claim be- ment is cosponsored, as I said, by Sen- other things, before they have to file a cause he or she does not have access to ator RISCH, Majority Leader REID, Sen- patent application with the Patent Of- the documents of the alleged copier. ators CRAPO, BOXER, ENSIGN, and I ask fice. So there is this 1-year grace pe- Mr. LEAHY. Madam President, if the unanimous consent to add Senator riod for them to get their act together. Senator will yield, how much time is BEGICH. Now, under the present system, in- remaining? The PRESIDING OFFICER. Without stead of preparing a costly patent fil- Mrs. FEINSTEIN. I will just take 2 objection, it is so ordered. ing, they can concentrate on devel- minutes more. Mrs. FEINSTEIN. Thank you, oping their invention and obtaining The PRESIDING OFFICER. The Sen- Madam President. necessary funding. ator from California by consent is Proponents of the first-to-file argue The majority leader just circulated a using the opponent’s time. that the rest of the world follows this statement to Members which speaks to Mr. LEAHY. Is using my time? system and making this change will this grace period. I wish to quote one Mrs. FEINSTEIN. No. I have asked to harmonize our system with theirs, and part of that statement: extend our time. that is true. But under our first-to-in- The grace period comports with the reality Mr. LEAHY. Madam President, we vent system, our Nation has been by of small entity financing through friends, are supposed to vote at 12:30. I realize far the leader in the field of innova- family, possible patent licensees, and ven- the Senator couldn’t be here when her tion, the leader in the field of new pat- ture capitalists. The grace period allows amendment was brought up and ents, new discoveries, new inventions. small inventors to have conversations about couldn’t be here when her amendment The other first-to-file countries have their invention and to line up funding before going to the considerable expense of filing a was modified. We did that for her. But been playing catchup with our techno- patent application. I am in opposition to it, and I should at logical advances. I wouldn’t trade our least have some of my time to be able record of innovation for any of theirs, The grace period allows them to not have to race to the Patent Office be- to use. and I doubt many Members of this body Mrs. FEINSTEIN. I will be very cause they are afraid somebody else disagree with me if they really think happy to—I was here yesterday. I did might have heard the conversation, about it. speak on the floor, Mr. Chairman. I did, might have stolen it from them, and Think about the history of innova- in a rather lengthy speech, indicate the moved on. tion. What sets America apart is so arguments. I have asked for just a Senator REID goes on: many of our great inventions start out short period of time. My remarks are in small garages and labs, with driven, In fact, in many ways, the one-year grace period helps improve patent quality—inven- no more than five pages, which should 1 inspired people who have great ideas, tors find out which ideas can attract capital, take me 1 ⁄2 more minutes to conclude. develop them, and then they take off. I and focus their efforts on those ideas, drop- I hope I would be offered that time. mentioned companies that have started ping along the way other ideas and inven- Mr. LEAHY. Madam President, at this way yesterday, including Hewlett tions that don’t attract similar interest and the hour of 12:30 we are supposed to Packard, Apple, and Google, and there may not therefore be commercially meaning- vote. I would ask unanimous consent, are hundreds and perhaps thousands of ful. so far as my time has been used by others. They started from humble be- So this first-to-file essentially re- those in another position, that Senator ginnings, and they grew spectacularly, places this critical innovation-pro- GRASSLEY and I have 4 minutes back of creating jobs for millions of Americans tecting provision with a more limited our time. and lifting up our economy and stand- and murky grace period that only runs The PRESIDING OFFICER. Without ard of living. from the undefined term of ‘‘disclo- objection, it is so ordered. The Senator I know an inventor who invented sure.’’ There is no discovery. Litigation has consent. Skyy vodka. The vodka he drank dis- is sure to ensue as courts interpret this Mrs. FEINSTEIN. Fine. Then I would turbed his stomach, so he figured out term, creating uncertainty that I be- ask that my time on this side be ex- biologically and chemically what it lieve will chill investment in startups tended for another 11⁄2 minutes. was, and he invented a vodka called which in turn will damper innovation The PRESIDING OFFICER. The Sen- Skyy vodka—a small inventor. I think and job growth. ator has that time. that company was subsequently sold Unfortunately, first-to-file incenti- Mrs. FEINSTEIN. Thank you very for a great deal of money. But it start- vizes inventors to race to the Patent much. ed with one man who had a stomach- Office, to protect as many of their So I have outlined the difficulty of ache from drinking vodka. ideas as soon as possible, so that they proving copying under the first-to-file Now, this may be just one type of ex- are not beaten to the punch by a rival. system. ample, but Apple is certainly another Thus, first-to-file will likely result in Disputes about who is the first to in- example. It started in a garage many significant overfiling of dead-end invent are resolved by the Patent Office years ago in California, and out of that ventions, unnecessarily burdening both in what is called an interference pro- emerged this giant company. So these the Patent Office and especially small ceeding, which number only about 50 a companies started from humble begin- inventors. year out of 480,000 patent applications.

VerDate Mar 15 2010 00:55 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.030 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 3, 2011 CONGRESSIONAL RECORD — SENATE S1183 The opposition infers that this is a Coburn Johnson (WI) Nelson (NE) The amendment (No. 126) was agreed Cochran Kerry Paul huge problem. Fifty a year out of Collins Kirk Portman to. 480,000 patent applications is a very Conrad Klobuchar Pryor Mr. LEAHY. Madam President, I small percentage. Coons Kohl Reed move to reconsider the vote. As I said in the beginning, America Corker Kyl Roberts Ms. STABENOW. I move to lay that Cornyn Landrieu Rubio motion on the table. leads the world under the first-to-in- DeMint Lautenberg Sanders vent system. I don’t think we should Durbin Leahy Schumer The motion to lay on the table was fix what isn’t broken. This works for Enzi Lee Sessions agreed to. Franken Levin Shaheen Mr. LEAHY. I yield to the Senator people who have great ideas but don’t Gillibrand Lieberman Shelby have money, who begin in a garage or from Michigan. Graham Lugar Snowe The PRESIDING OFFICER. The Sen- in a lab. It has worked well for our sys- Grassley Manchin Stabenow ator from Michigan. tem. Hagan McCain Thune Harkin McCaskill Toomey Ms. STABENOW. Madam President, I I ask my colleagues to join Senator Hatch McConnell Udall (CO) thank the distinguished chairman of RISCH, Majority Leader REID, Senators Hoeven Menendez Udall (NM) the Judiciary Committee and our rank- CRAPO, BOXER, ENSIGN, BEGICH, and Hutchison Merkley Vitter Inhofe Mikulski Warner ing member and those who are working myself in voting yes on this amend- Isakson Moran Webb very hard on a very important jobs bill ment. Johanns Murkowski Whitehouse today. On behalf of the people of De- I yield the floor. Johnson (SD) Murray Wicker troit, the people of Michigan and Sen- Mr. LEAHY. Madam President, as I NAYS—13 ator LEVIN and myself, I thank very said earlier, Secretary Locke con- Begich Feinstein Rockefeller much the Members for their support of fronted the notion that the current Boxer Inouye Tester this amendment. outdated system is better for small Cantwell Nelson (FL) Wyden Crapo Reid Madam President, just few months independent inventors. He said the cost Ensign Risch ago, we learned that Detroit, MI, will of proving that one was first to invent The motion was agreed to. be home to the first-ever satellite of- is prohibitive and requires detailed, Mr. LEAHY. I move to reconsider the fice of the U.S. Patent and Trademark complex documentation of the inven- vote, and I move to lay that motion on Office. This office is such great news tion process. In cases where there is a the table. for Michigan, where we have a proud dispute about who the actual inventor The motion to lay on the table was tradition of innovation and invention. is, it typically costs at least $400,000 in agreed to. Every day, we are looking to inno- legal fees and even more if the case is The PRESIDING OFFICER. The Sen- vate and create ‘‘the next big thing.’’ appealed. By comparison, establishing ator from Michigan. The decision to locate this satellite of- a filing date through provisional appli- AMENDMENT NO. 126 fice in Detroit shows just how much cation to establish priority of inven- Ms. STABENOW. Madam President, I new invention is happening in Michi- tion costs just $110. will call up amendment No. 126. I un- gan. Thanks to some of the best re- I appreciate the work of the Senator derstand it will be agreed to. I ask search universities in the country, from California, but her amendment is unanimous consent that the pending with an incredibly skilled workforce, a killer amendment. It would kill this amendments be set aside and I call up we have become third in the nation in bill. Our bill is set up so that it will amendment No. 126. terms of clean energy patents. And we allow us to compete with the rest of The PRESIDING OFFICER. Without are getting new patents every single the world. Right now, we are behind objection, it is so ordered. day. the rest of the world in our patent sys- The clerk will report. In addition to clean energy, Michigan tem. Our bill as it is written allows us The legislative clerk read as follows: is home to groundbreaking research in to compete with the rest of the world. The Senator from Michigan [Ms. fields such as agriculture, defense tech- Her amendment would hold us back STABENOW], for herself and Mr. LEVIN, pro- nology, medical technology and phar- and give an advantage to those coun- poses an amendment numbered 126. maceuticals, advanced batteries, and, tries with which we have to compete. Mr. LEAHY. Madam President, I ask of course, automobiles. I yield the floor. unanimous consent that the reading of This patent office will help us con- The PRESIDING OFFICER. The Sen- the amendment be dispensed with. tinue that tradition of innovation, ator from Iowa. The PRESIDING OFFICER. Without while reducing the backlog of patent Mr. GRASSLEY. Madam President, I objection, it is so ordered. applications so those new products can associate myself with the remarks of The amendment is as follows: get to the market faster. the chairman of the committee. I ask (Purpose: To designate the satellite office of It makes perfect sense to locate this that people on my side of the aisle not the United States Patent and Trademark new satellite office in Detroit. support the Feinstein amendment. Office to be located in Detroit, Michigan as Today I am offering, along with Sen- At this point, I move to table the the ‘‘Elijah J. McCoy United States Patent ator LEVIN, amendment No. 126 to the Feinstein amendment and ask for the and Trademark Office’’) America Invents Act to name this new yeas and nays. On page 104, strike line 23 and insert the facility after a great Michigan inven- following: The PRESIDING OFFICER. Is there a tor, Elijah McCoy. SEC. 18. DESIGNATION OF DETROIT SATELLITE His life captures the spirit of Michi- sufficient second? There is a sufficient OFFICE. gan ingenuity and entrepreneurship. second. (a) DESIGNATION.—The satellite office of His parents escaped slavery and fled The question is on agreeing to the the United States Patent and Trademark Of- across the border to Canada. After motion to table the Feinstein amend- fice to be located in Detroit, Michigan shall training as an apprentice in Scotland, ment, as modified. be known and designated as the ‘‘Elijah J. he came to Ypsilanti, Michigan and set The clerk will call the roll. McCoy United States Patent and Trademark Office’’. up a home-based invention shop. The legislative clerk called the roll. (b) REFERENCES.—Any reference in a law, Over the course of his brilliant life, The PRESIDING OFFICER. Are there map, regulation, document, paper, or other Elijah McCoy secured more than 50 any other Senators in the Chamber de- record of the United States to the satellite patents, but he is best known for his siring to vote? office of the United States Patent and Trade- inventions that revolutionized how our The result was announced—yeas 87, mark Office to be located in Detroit, Michi- heavy-duty machinery, including loco- nays 13, as follows: gan referred to in subsection (a) shall be deemed to be a reference to the ‘‘Elijah J. motives, function today. In July of [Rollcall Vote No. 31 Leg.] McCoy United States Patent and Trademark 1872, he invented the automatic lubri- YEAS—87 Office’’. cator, a device that kept steam engines Akaka Bingaman Burr SEC. 19. EFFECTIVE DATE. working properly so trains could run Alexander Blumenthal Cardin Mr. LEAHY. I ask that it be adopted. faster and longer without stopping for Ayotte Blunt Carper The PRESIDING OFFICER. If there Barrasso Boozman Casey service. Baucus Brown (MA) Chambliss is no further debate, the question is on His invention was incredibly effec- Bennet Brown (OH) Coats agreeing to the amendment. tive and many tried to copy his idea,

VerDate Mar 15 2010 03:31 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.031 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1184 CONGRESSIONAL RECORD — SENATE March 3, 2011 but nobody could match McCoy’s idea. failure of the automobile industry, them to go against workers on behalf Machinists started asking if the en- there just seems to be, as we have seen of the richest people in our country— gines were using the ‘‘real McCoy’’ from these ideological conservative and that is really what they are doing technology, and people still use that Governors, an assault all over the in the Governors’ offices in Columbus phrase today when they want the best country blaming workers, whether and Madison and Trenton and other quality product. they are public or private workers, for places—runs counter at least to my He did not have an easy journey. As the problems in this economy. faith. I will not judge their faith. They an African American, he was kept out They continue to want to give tax worship what God they worship and of many of the histories of the indus- cuts to the richest people on Wall read what scripture they read. But trial revolution. Despite his brilliance, Street, as they take their bonuses and when I look at what my faith means— he was only ever allowed to work in make big dollars and see their incomes and as I said, I am a Lutheran, I am menial jobs on the railroad tracks. go like this, but as workers have pretty not a Catholic—but when I look at Leo But despite the racial prejudice, Eli- much had no real increase in the last 10 the XIII and what he said about what jah McCoy never gave up and continued years—wages have been mostly stag- Catholicism means for workers and inventing. In 1976, the city of Detroit nant—how can you blame the workers fairness, it is point, set, match. That celebrated Elijah McCoy day and dedi- for this? That is what we have seen clearly spoke definitively about this. cated his home as a historic site. In De- around the country. Mr. President, I have said this on the troit, Elijah McCoy Drive runs between It has been so interesting. Two days floor before today, but I wear this pin Trumball and the Lodge, near Henry ago in Columbus, OH, 8,500 people demon my lapel. It is the depiction of a ca- Ford Hospital. He is buried in Warren, onstrated not against budget cuts, be- nary in a birdcage. One hundred years MI. cause they know those are coming, but ago, miners took a canary down in the It is a great honor for Michigan that against this direct assault by the gov- mines. If the canary died from lack of the first-ever Patent and Trademark ernment—by the Governor and legisla- oxygen or from toxic gas, the miner Satellite Office will be named for this tive leaders—on the right to organize got out of the mine. He only had him- great leader and great inspiration for and bargain collectively. That is a self to depend on. He didn’t have a gov- Detroit. right that has been part of Americana, ernment that cared much in those days It is a great honor for us to have this a part of our values for 75 years. to write safety laws, particularly child first-ever patent and trademark sat- Why do they think we have a middle safety laws, on the mines. He didn’t ellite office in Detroit and to have it class? We have a middle class because have a union strong enough in those named after a great leader who has workers have been able to band to- days to fight back. provided great inspiration. gether and say to a company that is Too many people who are ultra- I thank my colleagues very much for very profitable: We should get some of conservative—and there are many in supporting this amendment. that profit you are making because we both the Senate and the House—want Mr. President, I suggest the absence are your workers and we have made to go back to those days. They want to of a quorum. your company more prosperous. eliminate worker safety laws, and they The PRESIDING OFFICER (Mr. Management is important and cru- want to eliminate minimum wage. COONS). The clerk will call the roll. cial, but workers are important and They are clearly going after collective The legislative clerk proceeded to crucial. As worker wages go up, man- bargaining and so many of the things call the roll. agement wages typically go up. But we we hold dear. Mr. BROWN of Ohio. Mr. President, I have seen worker wages remain stag- Again, it wasn’t the UAW workers, it ask unanimous consent that the order nant, in part because of a lack of wasn’t the Service Employees Union for the quorum call be rescinded. unionization or a decline in unioniza- workers at the State capital who The PRESIDING OFFICER. Without tion. caused this financial crisis. They have objection, it is so ordered. Now we are also seeing in Madison, been the victims of it, just as a whole BLAMING WORKERS Columbus, Trenton, Harrisburg, Indi- bunch of nonunion workers have. This Mr. BROWN of Ohio. Mr. President, anapolis, Lansing, in these capital cit- financial crisis was caused by greed, by we have all watched the news stories— ies, especially in my part of the coun- people overreaching, by the richest in from Madison, WI; Columbus, OH; try, a real play on fear. They are try- our society grabbing and grabbing and Trenton, NJ, and other places around ing to turn private sector workers grabbing for more wealth. Yet they are the country—where public employees, against public sector workers. They going to turn this—let’s change the when you really analyze it, are paid blame the UAW—the auto workers—for subject—against those workers. That more or less, including benefits and de- the problems in the auto industry. Now has happened far too many times in pending on the place, comparable to they are blaming public workers for our country. the private sector worker. Whether problems with State budgets and try- I am a new member of the Senate Ap- they are high school graduates or col- ing to work the private sector and propriations Committee, and I am lege graduates or whatever, the overall union workers against each other, lucky enough to serve on Senator pay and benefits are pretty similar. We fighting with each other. That is the LEAHY’s Subcommittee on State, For- have seen around the country that most base Karl Rove-type politics, to eign Operations, and Related Pro- these public employees are in most turn working-class people against one grams. We brought the Secretary of cases willing to share in the sacrifice of another. It is wrong. It is morally State in—Secretary Clinton—to talk to balancing budgets and share in the sac- wrong, it is politically wrong, and it is us about the State Department’s budg- rifice of fighting back against this bad very wrong for our country. et. economy. In fact, we know that work- What has also been interesting about One of the things she said—and I ers—teachers, police officers, nurses, these protests is that they are not all mentioned Madison and Columbus after people working at the unemployment steelworkers and electricians and she said it—but one of the things she bureaus, people working at the Depart- American Federation of Government said is, it has been unions in Egypt, it ment of the Interior, wherever—have Employees and AFSCME and SCMU. has been workers in Egypt and Tunisia taken pretty big hits already in terms There are people of faith also involved. and around the world, it has been of lost jobs, in terms of no raises, in I did a roundtable at an Episcopal workers who so often, sometimes terms of paying more for their health church right off statehouse square, and through their unions—if they are al- benefits. the leaders of the church and some of lowed to have unions, sometimes So we know that even though these the volunteers of the church were through a more informal collection of are not the people who caused the re- there. Now, I don’t preach or wear my people in what might look like a union cession any more than the workers at Christianity on my sleeve, but these but is not formalized—fought for free- Lordstown, OH, assembling cars or De- people of faith understand that the dom, fought for equality. A lot of the fiance, OH, building engines or North- Bible talks a lot about poverty and a problems in Tunisia and Egypt were be- wood, OH, making bumpers for the lot about fairness and equality and cause people were hungry—not just be- Chevy Cruze are responsible for the egalitarianism, if you will, but for cause they want freedom, but they also

VerDate Mar 15 2010 00:55 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.006 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 3, 2011 CONGRESSIONAL RECORD — SENATE S1185 want fairness and a chance to make a something we fought for with manufac- children and examine why we are ready living. turing and middle class and all—we to negotiate so we do not have a shut- But one of the things Secretary Clin- will see, as productivity goes up and down of the government. We need a ton talked about is, yes, this adminis- profits go up, that workers’ wages will final settlement on the budget for 2011. tration is actually enforcing labor laws go up too. It is the American way. It is Let’s just go through them. One, it in Guatemala, this administration will what we stand for. Nothing in our soci- defunds the entire health care reform enforce labor laws in the labor compo- ety, frankly, is more important than a law. That is bad for saving lives and nent of our trade agreements across prosperous middle class and what it saving money. It also eliminates title the world because we as a country brings to us in terms of freedom and X family planning money. It jeopard- stand for a more egalitarian workforce. equality. izes breast cancer and cervical cancer We stand for workers rights. We believe I yield the floor and suggest the ab- screenings for more than 5 million low- workers should organize and bargain sence of a quorum. income women. They even went after collectively, if they choose. We believe The PRESIDING OFFICER. The Head Start. Even little kids in Head in a minimum wage. We believe in clerk will call the roll. Start had to take it on the chin. It is workers’ compensation. We believe in The assistant legislative clerk pro- going to cause 218,000 children to be workers’ safety. We believe in human ceeded to call the roll. kicked off of it. But they go further. rights. All of that is about the labor Ms. MIKULSKI. Mr. President, I ask For the group who says they are pro movement. unanimous consent that the order for family, family values, and that they You can support labor rights in Gua- the quorum call be rescinded. have to defend life, yet they slash the temala, but you better be damned sure The PRESIDING OFFICER (Mr. nutrition programs for pregnant you are supporting labor rights in Wil- SANDERS). Without objection, it is so women by $747 million, affecting 10 mington and Columbus and Cleveland ordered. million low-income pregnant women, and Detroit and Dover, DE, and every- f new mothers, and children. They also where else. Those were some of the cut funding for prenatal care, and they MORNING BUSINESS words Secretary Clinton said. I am ob- went after afterschool programs. viously expanding on them. The PRESIDING OFFICER. Under They cut funding for Pell grants. I looked back in history and some of the previous order, the Senate will be They terminate funding that helps the worst governments we ever had, do in a period of morning business, with schools comply with title IX. They cut you know the first thing they did? Senators permitted to speak therein funding for job training, which hurts They went after the trade unions. Hit- for up to 10 minutes each, with the ma- over 8 million workers, many of them ler didn’t want unions. Stalin didn’t jority controlling the first hour and getting new training for the new jobs want unions. Mubarak didn’t want the Republicans controlling the next for the new economy. And something unions. These autocrats in history did hour. very near and dear, I know, to the Pre- not want independent unions. So when The Senator from Maryland. siding Officer: they went not after So- I see Egypt or I see old Soviet Russia f cial Security in terms of the benefits and history tells me about Germany— but went after the people who work at EFFECTS OF H.R. 1 ON WOMEN I am not comparing what is happening Social Security—the Social Security AND CHILDREN to the workers in Madison or in Colum- offices where they work on everything bus to Hitler and Stalin. But I am say- Ms. MIKULSKI. Mr. President, I am from the regular Social Security ben- ing, history teaches us that unions are here representing 150 million women in efit to the disability benefit. If H.R. 1 a very positive force in society that the United States of America, and they passes, over 2,500 people at Social Secu- creates a middle class and that pro- are bewitched, bothered, and bewil- rity will be laid off. In my home State, tects our freedom. dered by what the Congress, particu- they were out in the streets in front of So don’t tell me you support unions larly the House of Representatives, in the Social Security headquarters say- internationally but you don’t support H.R. 1, has done to women. ing: What about us? We come every unions here. Don’t tell me you support Women all over America have to bal- day. We give you the actuarial infor- collective bargaining in Poland but you ance their family budgets, so they mation on how to keep it solvent. We oppose collective bargaining in Zanes- know our United States of America make sure checks are out there on ville or Dayton, OH, because, frankly, needs to get its fiscal act together. time, and in snowstorms we are show- that is inconsistent and ultimately it They also know we need to live in a ing up to make sure everything works. is not taking the side of people whom more frugal time. They understand But at the end of the day, we are going we are supposed to represent. that. But what they do not understand to be told we are nonessential. I am proud of my State. About two or is that in H.R. 1, with what the House This whole nonessential drives me three blocks from the capitol, in 1876, did, the entire burden has come from a crazy because, ironically, Members of the capitol in Columbus, the American very limited amount in discretionary Congress are considered during a gov- Federation of Labor was formed. What spending. When you take off defense, ernment shutdown. Well, if we are we know now as the AFL/CIO began in homeland security, women and chil- going to be essential, we need to get Columbus, OH, in 1876, when some dren are actually thrown under the real about how we come to an agree- workers got together thinking there bus. Well, they are mad as hell, and ment on this Continuing Resolution. was some strength and some safety in they don’t want to take it anymore. So So, Mr. President, we in the Senate numbers and they were going to have a the Democratic women today, in the feel we have given $41 billion already, better standard of living and better hour we have been given, are going to and we think H.R. 1 just goes too far. It country and more freedom for all if lay out the consequences of what H.R. goes too far by leaving so many things they began to coalesce in a group of 1 means. off the table. people—not to bust a hole in the State Now, we in the Senate, and we, your Now I want to talk about health care budget, not to hurt companies but to appropriators—of which there are reform. We had many goals during make sure the workers were rep- many women on the committee: health care reform, one of which was to resented and get a fair shake in the so- LANDRIEU, FEINSTEIN, MIKULSKI, MUR- expand universal access. Again, the ciety. RAY—we know we have to bring about Presiding Officer has been a champion It is all pretty simple. We have a fiscal discipline. The Senate Appropria- of that, a stalwart defender of the pub- strong middle class in this country be- tions Committee has already worked to lic option, and a stalwart defender of cause we have the right to organize and reduce the appropriations in the Sen- the single-payer system. As we worked bargain collectively. We have a strong ate by $41 billion. Now that is really on it and came up with a compromise, middle class in this country because we meat and potatoes. So we feel we have what was very clear was that there are a democracy, because workers can already given an option, but, my god, were certain things we just had to do. share in some of the wealth they create enough is enough. One was—whether you were for the for their employers. So I hope 10 years Let me give you just the top 10 rea- public option or not, whether you are from now—I know in Delaware this is sons why H.R. 1 is bad for women and for a single-payer system or the system

VerDate Mar 15 2010 00:55 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.037 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1186 CONGRESSIONAL RECORD — SENATE March 3, 2011 we have now—we knew we had to end someone who has been a stalwart de- not able to access this care that the punitive practices of insurance fender of childcare in our country, Sen- Planned Parenthood provides. companies. ator PATTY MURRAY. Elizabeth is not alone. I have re- We knew in the health care reform The PRESIDING OFFICER. The Sen- ceived hundreds of letters just like bill we also had to improve quality ator from Washington. hers, women telling me about the measures that would actually save Mrs. MURRAY. Mr. President, I health care they got at Planned Par- lives and save money. We also knew thank the Senator from Maryland for enthood and the critical services title that if we had a strong preventive care being our fearless leader and making X allows them to access. benefit, we, once again, through early sure women have had a voice at the Title X supports cancer screenings, detection and screening, could mini- table for many years. I wish to thank family planning, and preventive serv- mize the cost to the insurance compa- her for leading this important debate ices for more than 5 million low-in- nies and the Federal budget and also and discussion today about how H.R. 1 come men and women and families the terrible cost to families who face will affect women and children in this across this country. In my home State all kinds of problems but particularly country in a very dramatic and very of Washington, more than 100,000 pa- cancer. So that is why we passed the troubling way. tients who otherwise would not have health care reform. Since Wall Street came crashing access to care are able to receive treat- Over in the House, they thought it down on Main Street, I have been very ment thanks to these services. The was going to be really cool to say: We proud to work with so many of my col- House Republican plan would devastate could repeal health care—remember, leagues on efforts to get our economy this for women, and honestly, it just they said ‘‘repeal and replace.’’ They back on track and our workers back on does not make sense. In my home State have only talked about repeal because the job. We all know we have a long alone, family planning services at title they do not know how to replace. So way to go. So many families in our X-funded health care centers prevent they decided, through H.R. 1, to defund country today are fighting to stay in over 21,000 unintended pregnancies it, to take the money away. So let me their homes. Small businesses are every year. Without these services, our just outline very quickly what we struggling to keep their doors open. States and the Federal Government think it means to women and children. Many of our workers are still trying would end up spending far more in First of all, we ended gender dis- desperately to find work or they stay services for low-income families over crimination by the insurance compa- up at night wondering what would hap- the long run. So cutting off these im- nies. Before we reformed health care, pen to them and their families if they portant programs would be wrong, and women were charged 40 percent more in are the next ones to get a pink slip. So I am going to do everything I can to many instances for health care pre- that is why I am so disappointed that stop it right here in the Senate by miums as compared to men of com- at the very moment we need to be fighting alongside my women col- parable age and health care status—40 working together to invest in our fu- leagues. percent more. There was a gender tax ture, cut spending responsibly, and That is not all the House Republicans of 40 percent put on by the insurance support those American families, are proposing in their extreme budget. companies. We ended that. House Republicans have decided to They want to slash nutrition programs The second thing is that the insur- take a slash-and-burn approach to the for women and children by $747 million. ance companies were treating simply budget that would devastate our econ- That would end support for close to 10 being a woman as a preexisting condi- omy and cost us hundreds of thousands million pregnant women, new moms, tion. So we went to the floor, and with of jobs. and infants in the country. That is not the great guys of the Senate we passed While many Republicans came to this what we stand for. the preventive health care amendment. Congress this year promising to work They want to cut funding for pre- We wouldn’t let them take our mam- with Democrats to focus on the econ- natal care by $50 million. That is going mograms away from us. We also made omy, they have now chosen instead to to jeopardize care for 2.5 million sure our children could have early de- push their extreme, antichoice agenda women and 31 million children. That is tection and screening in schools. And, of a minority of Americans who want not what we stand for. because it is not about gender, it is to go further than ever to restrict They want to cut $39 million from about an agenda—we included men in health care options for women and the childcare and development block these preventive health services as families. So I am here this afternoon grant that would end the child support well. with my women Senate colleagues to many low-income families need so the Now, if we agree to that element in talk about that aspect of the budget parents can go out and work and put H.R. 1, we will take away the preven- proposal they sent to us because this food on the table. That is not what this tive health care benefits. They guar- assault on women’s health will be truly country stands for. antee coverage of preventive care and devastating if it is acted, and this ex- They want to slash $1 billion from screenings, such as mammograms for treme agenda does nothing—nothing— Head Start. That not only cuts off women under 50. We cannot go back. to further our goals of getting our comprehensive early childhood services It would also repeal the quality economy back on track. for nearly 1 million children, but it measures, such as the famous The House Republican-proposed puts tens of thousands of teachers and Pronovost checklist developed in budget they sent to us completely staff out of a job. Guess what. Most of Maryland by a Hopkins doc. When used eliminates title X funding. That is them are women. at just Michigan hospitals alone, it is a funding for family planning and teen The House antifamily agenda is simple, low-tech way to lower in-house pregnancy prevention. And it includes wrong, and we are not going to stand infections in hospitals. In Michigan an amendment that completely denies for it. We do need to cut the budget. We hospitals, it has saved 2,000 lives and funding for Planned Parenthood. That do need to work together to bring down has saved the State $200 million each is so wrong. It would be absolutely dev- the deficit. But we are not going to do year. astating for 3 million men and women it on the backs of women and children. We can do this. There are so many across the country who depend on We are going to do it responsibly. We things that are important in the health those services. are going to do it right. I have said care reform bill. We cannot defund it. I recently got a letter from a woman many times on this floor a budget is a As we move ahead in what we hope named Elizabeth. She lives in Bel- statement of our values. It is a reflec- will be a negotiation and a settlement, lingham, WA. She is 28 years old. Eliza- tion of our priorities as a nation. I feel we, the women of the Senate, will not beth told me she is uninsured, and she very strongly that we do need to work surrender the women and children of depends on her local Planned Parent- together to invest in our future and get this country. We will not let them be hood for her annual checkups and for our economy back on track, put people thrown under the bus and run over by family planning. She told me that cer- back to work, and make sure families H.R. 1. vical and breast cancer run in her fam- get the support they need so they feel Mr. President, I now yield the floor ily, and she does not know what she secure again. The House Republican to one of our very able advocates, and her husband would do if she was spending fails to meet those goals. It

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I hope we get the So I urge my colleagues to reject the more intrusive than telling every chance to vote on that House budget House Republican slash-and-burn ap- woman in America that their decisions because I think the American people proach on the backs of women and chil- are going to be made in Congress, not need to look at what is going on with dren and families and work with us to by them, not by their doctors, not by my Republican friends who are in propose a responsible long-term budget their families? charge of the House of Representatives. reduction plan that reflects the values Let’s look at the facts. The tem- We all know we need to reduce the for which this country stands. porary budget bill that came out of the deficit, but we also know the right way Thank you, Mr. President. I yield the House slashes critical funding for pre- to do it. We did it with President Bill floor. natal care, that unbelievably impor- Clinton. We did it with a mix of rev- Ms. MIKULSKI. Mr. President, I tant care when a woman is expecting. enue-raisers and smart cuts, plus in- yield to the Senator from New York, They have cut nearly $750 million from vestments that paid dividends. We did Mrs. GILLIBRAND. Although our newest nutrition programs for pregnant it in such a way that we actually had Democratic Senator, she has been a women and their children. They have a surplus at the end of the day, and 23 strong advocate, and she is not new to cut access to lifesaving breast and cer- million new jobs. being a strong advocate. I yield her 5 vical cancer screenings for more than 5 When George W. Bush took over, the minutes. million American women. Their budget surplus was gone and the job creation The PRESIDING OFFICER. The Sen- destroys early childhood education, was gone. Compared to 23 million new ator from New York. taking nearly $1 billion from Head jobs, under President George W. Bush Mrs. GILLIBRAND. Mr. President, I Start and nearly $40 million from there were 1 million jobs created, and thank the Senator for her leadership. childcare, robbing nearly 370,000 Amer- he left us with soaring deficits and the I rise today to join my colleagues and ican children of early childhood learn- deepest recession since the Great De- speak out about the failure that is taking. They have even cut more than $2 pression. That is the story. It has a being place on the other side of Capitol billion from job training programs that ginning, a middle, and we are about to Hill right now in the Republican-con- we need to prepare America’s work- write the end. trolled House. The election last No- force for the jobs of today and the jobs I will be honest. I will stand with my vember was not a mandate for any one of tomorrow. colleagues on both sides of the aisle political party or extreme ideology. It What kind of priorities does that who are willing to fight for the people was a mandate for action—for solu- demonstrate? It demonstrates a dis- of this country and the middle class of tions that will create jobs and get our regard for the future of this country— this country. economy moving again. But rather for our children, for our women, for According to leading experts, the than focusing on jobs and responsible their health, their well-being, their budget bill, H.R. 1, would destroy budgeting, House Republicans have en- education, for job training, for the fu- 700,000 jobs, hurt our families, and, to gaged in an all-out assault on the ture. This debate is much more than me—this is my personal opinion—it health and well-being of women, chil- about where the dollar figures lie. It is looks as though they have a political dren, and families in America. about what will happen to the women vendetta against women, children, and The American people voted over- and children they are now dis- a healthy environment on which they whelmingly for debate on economic so- regarding. rely because they need to breathe clean lutions that will create jobs. That is Let’s look at the single mother who air and drink clean water. All of this is what many of my colleagues and I have has two jobs and needs this support to on the chopping block in the House. been trying to focus on during this feed her children. Let’s look at the Let’s look at the title X family plan- Congress. But what are the House Re- young women in every State of this ning program. It is zeroed out. It is ze- publicans focused on? Not creating country who will now get cancer be- roed out in H.R. 1, the House Repub- jobs, not creating ideas for how we are cause they were denied those precancer lican budget. What does title X do? going to create economic growth, but screenings. Let’s look at the children Title X provides contraceptive services undermining the health care rights of who will never walk through the door for 4.7 million women nationwide, al- millions of American women and fami- of a university because they were de- most 5 million women nationwide. It lies. nied access to the early childhood edu- helps prevent almost 1 million unin- We have an undeniable job crisis on cation that would have prepared them tended pregnancies. Now, here are my our hands and they are ignoring it. Un- so that they could achieve their God- friends on the other side joining with employment is still far too high. Hav- given potential. us. We are all saying let’s make sure ing a national rate of close to 10 per- We cannot slash and burn our way to we cut down on the number of abor- cent means real unemployment is clos- a healthy and growing economy. It is tions. What is one proven way to do it? er to 15 or 20 percent when we look at time these Members of the House get Contraception. They would prevent al- all of those who are underemployed, serious about economic growth, about most 1 million people from getting that working less hours, or who are no our small businesses, creating access to kind of service. longer looking for work. Twenty-two lending, creating a tax policy that is Planned Parenthood operates 800 percent of our youngest veterans com- going to create economic growth. health care centers nationwide. I know ing back from Iraq and Afghanistan are Those are where the solutions lie, not my colleagues are very aware of health unemployed. That is more than one in undermining the health, well-being, centers. They provide 720,000 breast five. What are they doing to address and future of our women and our chil- exams nationwide, 730,000 pap tests. those problems? dren and America’s prosperity. What does this mean? Hundreds of Rather than debating the solutions I now yield the floor to my colleague thousands of women just in California, for how we create this economic from California. and millions nationwide, go to Planned growth or how we spur growth among The PRESIDING OFFICER. The Sen- Parenthood to make sure they don’t small businesses and how we help our ator from California. have breast cancer, they don’t have middle-class families, they are focused Mrs. BOXER. Mr. President, Senator cervical cancer, they don’t have an on degrading women’s rights—basic MIKULSKI has asked that I control the STD, they don’t have AIDS. And if, privileges and health care priorities time for our side, so I will stay on the God forbid, it turns out they have any and safety nets for the women and chil- Senate floor. What time does that time of these things, they can get treated. dren who are most at risk in this coun- expire? Without this, they are in deep trouble. try. They have shown a heinous dis- The PRESIDING OFFICER. The Sen- Everyone in America knows early de- regard for the health and safety of ator controls 371⁄2 more minutes. tection is where it is at. So if I said the women and young girls, and they have Mrs. BOXER. Thank you very much. impact of the Republican budget would worked to undermine their ability to Mr. President, I am here today to mean more abortions, more breast can- buy affordable, accessible health care. speak out along with my colleagues for cer, more cervical cancer, more STDs,

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We are looking at other We are going to have to stop this war leagues eliminate Planned Parenthood exposures as well—small particulate against the environment. We are going getting $1 of Federal funding. What are matter which gets into our lungs and is to come forward with deficit reduction they implying? That the funds are used lodged in our lungs. that will equal what they do, but we for abortion services. That is an out- They say we can’t look at cement will do it in a way that doesn’t hurt job right lie. Since the 1970s, the Hyde manufacturing and go after the mer- creation and doesn’t hurt our kids, our amendment has said not one penny of cury that comes out of those stacks— families, and the environment we all Federal funds may be used for pro- the mercury and arsenic. Do we think depend upon. viding abortions, so they know that is the American people want dirtier air? Mrs. FEINSTEIN. Mr. President, I an untruth. Yet they let it hang out Is that what the election was about? I rise to discuss the devastating impact there. The money Planned Parenthood just came out of a tough election. I that H.R. 1, the House Republican con- gets is for just what I said: cancer pre- have to tell you that not one person tinuing resolution, would have on vention, sexually transmitted disease ever came up to me and said: Please, I women, children, and families nation- prevention, and contraception. want more soot. I need more smog. It is wide. So what does Nicole say? She was 23 missing out of my life. Oh my God, House Republicans would eliminate years old. She had no insurance. when my kids drink water, I want the $317 million title X Family Plan- Planned Parenthood was there for her them to get contaminated. ning Program, which provides critical and caught her cervical cancer early Forget it. That is not what the elec- health care services to over 5 million enough to save her life. So I stand with tion was about. It was about jobs, jobs, Americans each year, including 1.2 mil- Nicole Sandoval. jobs. OK. Let’s look at a photo of a lion in California. I am here to stand with Leah Garrard child who pays the price when the air House Republicans would also ex- from Torrance. She wrote to me about is dirty. Children’s exposure to air pol- clude Planned Parenthood, which a horrific incident in which a member lution worsens asthma attacks and serves over 2.9 million women annu- of her family was raped. This young causes lost days at school, emergency ally, from Federal funds. These serv- woman went to Planned Parenthood. room visits, and for older people, it ices provide necessary preventive She didn’t know where else to go. She causes heart attacks, stroke, cancer, health care including: contraceptive wrote and said: Planned Parenthood di- and premature death. According to the services, education, cancer screening, rected her family member to a local American Lung Association—and we annual exams, STD and HIV testing, hospital, got in touch with the local have another picture—asthma is one of smoking cessation, flu vaccines, and sexual assault nurse examiner, and the most common chronic diseases in well baby care. contacted her family to come and take children. It affects 7 million children. It is ironic for people who do not be- care of her. Had her family member not Here is a photo of another beautiful lieve in abortion to propose these cuts, gone to Planned Parenthood, she truly, baby. I am showing you this as a grand- when in fact, through family planning, she wrote, would not have survived ma. I am going to take another 2 min- contraception, and education, title X that experience. I stand with Leah and utes and then turn it over to Senator programs prevented 406,000 abortions her family and with Planned Parent- SHAHEEN. nationwide in 2008 alone; 83,600 of those hood. Look at this picture, this face. Look were prevented in California. So by Zero out Planned Parenthood? Where at those eyes. I wish to say to our cutting these programs, the numbers of are we going? We are certainly not friends in the House, what are you unplanned pregnancies and abortions going forward. We are going backward. doing? You are throwing women and will increase. I remember the years when George children under the bus. You are throw- How does this make sense? These Herbert Walker Bush was on the board ing the middle class under the bus. I, cuts are not about deficit reduction. of Planned Parenthood. Planned Par- for one, am going to tell the truth. They are biased, politically motivated enthood is a bipartisan operation. If During my campaign, people would cuts that will result in increased Fed- you walk in the door, they don’t ask say: What are you going to do to win? eral spending. These cuts hurt women. whether you are a Democrat, Repub- How are you going to win? I said: I In California alone, these programs lican, registered voter, or who you are. have a secret plan. I am going to tell helped save $581 million in public funds You get taken care of, and the commu- the truth. I am going to just lay it out in 2008. nity is healthier. there. Nationwide, title-X supported family Now, in the remaining time I wish to Look, the truth is, EPA released a planning centers saved taxpayers $3.4 talk about the attack on the environ- new report that was asked for by Con- billion in 2008. Every dollar invested in ment in which women and children gress. Congress demanded to know the helping women avoid unintended preg- have to live. The attack on the Envi- benefit of the clean air law. They said nancies is estimated to save taxpayers ronmental Protection Agency is the that, in 2010 alone, 160,000 cases of pre- $4.02. Some might not think these pro- biggest cut of any agency in the Fed- mature deaths were avoided. Can you grams are important, but I judge they eral Government by our Republican believe that? They want to turn all are. friends over in the House. this back. The American Lung Associa- In the past 3 weeks alone, I have re- Seventy percent of the American peo- tion says H.R. 1 is toxic to the public ceived 28,000 letters urging me to op- ple say the Environmental Protection health. They say it would result in mil- pose eliminating title X and Planned Agency should do its job. Sixty-nine lions of Americans, including kids, sen- Parenthood. percent think the EPA should update iors, and people with chronic disease, Over 153,000 Californians have signed EPA Clean Air Act standards with such as asthma, being forced to breathe a petition to express their opposition stricter air pollution limits. Sixty- air that is unhealthy. It can cause towards defunding Planned Parent- eight percent believe Congress should asthma, heart attacks, strokes, cancer, hood. not stop EPA from enforcing Clean Air and shorten lives. I have heard from uninsured college Act standards. A Republican President set up the students, who only make $10,000 a year Sixty-nine percent believe that EPA EPA—a Republican President—Richard and cannot afford basic preventive care scientists—not Congress—should set Nixon. What are you doing over there? without title X and Planned Parent- pollution standards. Look at this. In I already said that George Herbert hood. this tough time, when the country is Walker Bush was on the board of I have heard from outraged constitu- divided, almost 70 percent of our people Planned Parenthood. Richard Nixon ents who point out title X family plan- say leave EPA alone. But, no, our Re- signed the Clean Air Act. They don’t ning programs have been in place since

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Half of all to spend at least 80 or 85 percent of pre- when they know their children are pregnancies in the United States every mium dollars on actual medical care, safe. year—about 3 million pregnancies—are not on profits. With these and other When I was Governor, we asked for a unplanned. benefits in the law, women make great report to be done on childcare in New I have heard from women pleading strides towards equality in the insur- Hampshire. We found in that report with me to preserve Federal funding to ance market. that there is a direct result between Planned Parenthood; telling me that The House Republicans plan would quality childcare and the productivity the cancer screenings they received allow women to be charged more for in- of their parents in the workforce. saved their lives. I have heard from surance than men, and prohibit en- Childcare is expensive. Quality women all over my State, whose pri- forcement of this medical loss ratio re- childcare can easily top $10,000 per mary source of health care is a wom- quirement. This would allow insurance child per year—an amount that is out en’s health center like Planned Parent- companies to discriminate against of reach for so many working families hood. women, charging more for health pre- who are trying to make ends meet—es- Eliminating this funding will also miums simply because of gender, while pecially in this economy. cause a rise in another epidemic: teen companies continue to rake in enor- pregnancy. Teen pregnancy costs tax- mous profits. The unemployment rate in this coun- payers an estimated $9.1 billion annu- The assault on women’s health from try is 9 percent. We should be putting ally. Without title X programs in Cali- Republicans in the House is astounding our focus on creating jobs today and fornia, teen pregnancy levels would to me. Obliterating family planning helping to build a strong workforce for have been almost 40 percent greater. services that have been around for 40 the future. The proposed budget that House Republicans would also elimi- years, slashing teen pregnancy preven- the House Republicans have done nate the $110 million Teen Pregnancy tion, prohibiting funds for primary would do the opposite. Prevention Program, which has the po- health services is nothing short of irre- Research shows that the quality care tential to serve 800,000 teens by 2014. In sponsible. and early childhood development is California, the estimated cost from We need to look carefully at our critical to preparing our children for teen pregnancy to taxpayers in 2004 spending and we need to make cuts, tomorrow’s jobs. We know that the was at least $896 million. From 1991– but those cuts can’t be politically mo- first 5 years are the most important in 2004, unintended teen births in Cali- tivated and they shouldn’t put us at the development of a child’s brain. fornia cost taxpayers a total of $17.3 risk of another recession. I do not sup- During these years, children develop billion. port any biased cuts that harm women their cognitive, social, emotional, and California has managed, through pro- and children. language skills that form a solid foun- grams like the Teen Pregnancy Preven- Mrs. BOXER. It is my honor to yield dation for their lives. tion Program, to reduce the rate of to Senator SHAHEEN for 5 minutes. Economists point to the strong re- teen birth in the State by 46 percent The PRESIDING OFFICER. The Sen- turn on investment we get for inter- from 1991 to 2004. This saved California ator from New Hampshire is recog- vention early in life. For every $1 we taxpayers an estimated $1.1 billion in nized. spend on quality early learning, we re- 2004 alone. The House Republicans plan Mrs. SHAHEEN. Mr. President, I turn up to $17. These same experts cite to slash funding all but guarantees the thank Senator BOXER for her leader- an increase in productivity, workforce rate of teen pregnancy will go up, and ship. I thank Senator MIKULSKI for the readiness, and in graduation rates costs for taxpayers will increase. work she has done to organize us this among children who are in quality Almost 9 in 10 adults believe there afternoon, to point out just what is early childhood programs. In addition, should be direct efforts in communities being proposed by our colleagues in the they have also found out that for those to prevent teen pregnancy. Once again, other Chamber. children there is a decrease in special this is not about deficit reduction; it is We need to address our long-term def- education, crime rates, welfare depend- about harming women’s health, and icit. We all know that. We need to ency, and in other behavioral problems. taking away comprehensive education. make some hard choices to balance the House Republicans would also cut budget. But there is a right way and a One of the things that made me $1.3 billion from Community Health wrong way to do that. The right way is aware of this direct relationship was Centers, which is 45.8 percent below fis- to first look at things such as elimi- going to my first Governors’ con- cal year 2010 levels. Community Health nating the billions of dollars in dupli- ference after I got elected. I heard a Centers serve over 20 million patients cative programs that were identified presentation on brain development. nationwide, who otherwise cannot re- just this week by the GAO. The wrong The presenter showed that the brain ceive care. way is to address the deficit by doing scan of a child who had quality early Almost one-third of patients are what our colleagues in the House did learning looked very different than the women of childbearing age, 37 percent when they slashed funding for services brain scan of those children who did are age 19 and under, and 13 percent are that are critical to middle-class fami- not. They showed a graph that dem- children under 6. Ninety two percent of lies and our future prosperity. onstrated that the way a child’s brain this patient population is low income, The House Republican budget cuts develops is inversely proportional to meaning they may not have anywhere include a $1.1 billion cut to Head Start our investment. In other words, we are else to go. With these cuts, 11 million and childcare. This is money that is making the smallest investments in patients are at risk of losing access to critical to so many working families in the years when it would make the most primary and preventive care provided New Hampshire and across the coun- impact on how a child develops. This by these health centers. try. Let me put it into perspective. A made such an impression on me that I In California, almost 458,000 patients cut this size would mean that nation- went back home to New Hampshire and would immediately lose access to care, ally over 200,000 children would be focused so much of my time as Gov- and $31.8 million in funding would be kicked out of Head Start and an addi- ernor on the importance of early learn- immediately lost. By defunding the tional 360,000 children would lose ing. health reform law, House Republicans childcare opportunities. When I became chair of the education block critical consumer protections in I have three daughters and seven commission of the State in my second the law. grandchildren. So I understand, like so term as Governor, this became the top The health reform law will decrease many mothers do, how difficult it is to priority for me and for ECS. There is costs for everyone, but particularly for juggle work and family obligations. I no doubt—and we can look at all the

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CANTWELL from Washington State. budget and, instead, invest in our fu- Research shows that by the time a The PRESIDING OFFICER. The Sen- ture and the future of our children and child with hearing loss graduates from ator from Washington. families. high school, more than $400,000 per Ms. CANTWELL. Mr. President, I The PRESIDING OFFICER. The Sen- child can be saved in special education thank the Senator from California for ator from California. costs if the child is identified early and her leadership and her articulation on Mrs. BOXER. I thank my colleague given appropriate educational, med- the floor earlier about the rider that is from New Hampshire. I yield 5 minutes ical, and audiological services. on H.R. 1 that would undo what the Su- to Senator KAY HAGAN. The North Carolina Early Hearing preme Court said EPA should do, which The PRESIDING OFFICER. The Sen- Detection and Intervention, EHDI, Pro- is to make sure the Clean Air Act is en- ator from North Carolina is recognized. gram was established in 1999 as part of forced. Mrs. HAGAN. Mr. President, I also the State’s title V Maternal and Child I thought the comments of the Sen- rise to speak for women and children Health Program. ator from California about no one in across this country but especially in Since the establishment of the EHDI California telling her they wanted North Carolina. Program, there has been a remarkable more smog was a very profound state- Prenatal and postnatal maternal care increase in the percentage of infants ment because that is what people are translates into healthy moms and screened in the State. All neonatal fa- saying when they try to do a rider: healthy families. cilities in North Carolina offer initial EPA, do not enforce the law the Su- Children who receive regular well- newborn hearing screening prior to in- preme Court told you to enforce. It is child visits to their doctors and rec- fant discharge. as if they are jamming down small ommended immunizations live In 2009, 96 percent of infants com- children across the country air and air healthier lives. They can go to school pleted newborn hearing screening— quality that is something less than suf- and just be kids. about 100,000; 450 children receive hear- ficient. We know that. We know that But the House-passed continuing res- ing aids or cochlear implants annually because it is based on science. That is olution for the remainder of fiscal year through a contract funded by the ma- what EPA has said, and that is what 2011 makes draconian cuts to commu- ternal and child health block grant. the Supreme Court has said they nity health centers and the title V ma- I heard from three families in North should enforce. Yet here we are, in the ternal child health block grant—two Carolina—all whose children failed the middle of all of this, the solution to programs that are vital in reducing screening tests. Their stories were our economy is to have a rider on legis- maternal and child mortality. heartwrenching as they described their lation basically saying: Do not enforce If these cuts go through, nearly 4 and hours-old babies not being able to hear what the Supreme Court says is the a half million women and children their parents’ first words to them. Clean Air Act. under age 6 are at risk of losing care. But in all three families, the hearing I thank the Senator from California Consider that community health cen- loss was detected as part of the new- for her leadership on this issue. ters account for 17.2 percent of all low- born screening, and the North Carolina I come to the floor to join my other income births, but prenatal patients at EHDI program immediately provided colleagues because I think the Amer- health centers are less likely to give them with followup and hearing aids or ican people sent a clear message. They birth to low birth weight babies com- cochlear implants. As a result of these want us to focus on creating jobs, pro- pared to their counterparts nationally. programs, in each of these families, the moting innovation, and putting people It is because they are getting good pre- child is ahead of their peers verbally. back to work. That is what we are try- natal care. These are just two critical programs ing to do in the Senate. Moreover, rates of vaccination that are funded by the title V maternal But in the House, the Republicans among children receiving regular care and child health block grant. As we can seem to be saying: Let’s cut programs at a health center are uniformly higher see, these are not just statistics but and vital services to working women than those of children with another real women and kids and families who and families, and somehow that will source of care. benefit from this important program. generate economic growth. Instead of With the House-proposed cuts, preg- I strongly believe we have to work creating jobs, all they have done is nant women and children, who rely on together to get our country back on launched a war on women. community health centers for care, solid fiscal ground. I am very much H.R. 1 would eliminate funding for will be left with literally nowhere to concerned about it and want to work title X, which would provide health turn for health care. on it. But the path we are on is obvi- services, including family planning, By slashing $50 million in funding ously unsustainable. In fact, I was one breast and cervical cancer screenings, from the maternal child health block of the Senators who advocated for the and other preventive health care. This grant program, the House bill would creation of the Bowles-Simpson fiscal certainly would impact low-income dramatically curtail services to the 35 commission. But our fiscal challenges women. It does not create jobs. There million women and children across this require a thoughtful bipartisan solu- is nothing in what I just said with re- country, including the nearly half a tion that gets us on the right track and gard to these cuts that would create million women and children in North encourages economic growth. These jobs. How are jobs created out of cut- Carolina who receive such services as cuts are simply counterproductive. We ting those services? It is actually an newborn hearing screenings and post- cannot balance the budget on the backs attack on access to health care. When natal care. of our Nation’s future—our children. we do not have healthy people, I guar- In North Carolina, infants born to Mr. President, I yield the floor. antee you, Mr. President, we end up minorities are twice as likely to die as The PRESIDING OFFICER. The Sen- with bad economic consequences. those born to Caucasians. However, the ator from California. The bill also cuts funding for teen Healthy Beginnings Program is work- Mrs. BOXER. Mr. President, I thank pregnancy prevention programs and ing to reverse infant mortality and low Senator HAGAN for her remarks. She is funding for Planned Parenthood cen- birth weights among minorities in one of the leaders in the Senate in find- ters that serve more than 3 million North Carolina. ing solutions to the deficit that do not women each year, jeopardizing, again, Healthy Beginnings provides case kill jobs and do deficit reduction in the access to critical preventive health management, general health edu- right way. I thank her. services. cation, and other support for at-risk She made the point that when we at- Just in the State of Washington, we women throughout their pregnancy tack kids and pregnant women, at the have 39 centers and serve over 130,000

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Be- vested by the Workforce Investment they need and cutting off what are es- cause she did not have health insur- Act, it is $10 in stimulating our econ- sential programs to help us grow jobs ance. In fact, quoting her, she said: omy. It is a 1-to-10 ratio. Why would we and have a healthy economy. I would not have scheduled an annual exam cut such a program? I yield the floor. on my own. Without Planned Parenthood, I In Washington State, our local The PRESIDING OFFICER. The Sen- may have died or lost my ability to have WorkSource Centers have helped over ator from California. children in the future. . . . Aside from these 78 percent of job seekers find jobs. It is Mrs. BOXER. Mr. President, after personal effects, as an uninsured student, I a high percentage of helping people and consulting with my friends, Senator would have been a huge financial burden to placing them. COLLINS and Senator SESSIONS, I give my family and my community. I look at the example of this big deci- Senator LAUTENBERG until 6 minutes There it is. Planned Parenthood has sion on Boeing winning the refueling after the hour and then add 6 minutes been effective in preventing over 40,000 tanker decision. Here we are with 11,000 to the time of the Republicans. pregnancies and diverting $160 million jobs in Washington State and a supply The PRESIDING OFFICER. Without back to the State, which we need in chain that is going to also have more objection, it is so ordered. these tough economic times. jobs created. Yet if we do not make an The Senator from New Jersey. Instead of supporting women and investment in workforce investment Mr. LAUTENBERG. Mr. President, I families so they can be productive that supply chain will not be able to hope it is noted that I stand here as a parts of our economy, Republicans are find the people to fill those jobs to help male Member with my colleagues who continuing to turn the clock back on fulfill this contract. Something as big comprise a significant part of the hard-fought access to healthy services as a $35 billion contract we are in- women Members of the Senate. They and attacking a woman’s right to volved in because it is the Department do the mothering, they do the family choose. Their proposal would deny of Defense, and yet at the same time raising, but it is pretty obvious to all women using flexible spending ac- the Republicans in the House are say- of us that fathers and grandfathers counts, from using pretax dollars for ing: Let’s cut the Workforce Invest- have an active interest in what hap- insurance to cover a wide range of re- ment Act—even though we know we pens with our children, what it takes productive choices; deny small busi- have a plane to deliver, even though we to make sure they grow up healthy, nesses their tax credits if they choose know it has a military purpose we sup- that they grow up with the tools they employee health coverage that in- port, and we are going to say let’s cut will need in their future lives for them cludes reproductive health care; and programs because somehow that is to contribute to themselves, their fam- would disallow tax deductions for going to make our economy healthier. ilies, and the country at large. health insurance for the self-employed I can give an example. General Plas- What we are witnessing in America if the insurance included reproductive tics would not have been able to keep today is an assault by House Repub- health care. its current staff level or grow its busi- licans in trying to ram through a reck- The Republican answer to the econ- ness in the past year without the help less, unhealthy spending plan that will omy is attack reproductive health of workforce investment dollars. They ultimately bring shame to our country care? It seems to me that these pro- were in partner with Tacoma Commu- as it causes pain for little children who posals are just about attacking the nity College and trained a workforce in come from families who do not have most vulnerable in our society, includ- improvement techniques that allowed the means, who do not have the sta- ing the elderly where they would have the company to streamline its produc- bility of family life, in many cases, an impact on services for the elderly, tion and grow its business effectively. that will give them an opportunity to In the last year, they grew 10 to 15 including meals, housing, and employ- establish themselves with a cycle that percent and became more competitive. ment services. will bring them to successful lives They also added about 22 new employ- Women comprise two-thirds of our el- later on, to be able to hold jobs of sig- derly, and they would be harmed most ees because of additional new business. These are programs that would be nificance and create a family environ- by these cuts. For example, in 2009, 25 cut by the proposal in H.R. 1 that the ment. percent of all families with children House Republicans are trying to push. I It is hard when we look at this to fig- were female head of households, and 78 do not think it would improve our ure out the mission. I come from the percent of mothers with children be- economy. I think it would stall what is business community. I have been here tween the ages of 6 and 17 were in the a very fragile recovery. Workforce de- a lot of years—27—but I spent 30 years labor force. That is a big percentage. velopment is economic development, in the business community. I learned Therefore, cutting programs that sup- and when people are trained and something about financial statements. port working mothers, such as job skilled, the employers get what they I learned you have to sometimes cut training, childcare, education, and need, the community prospers, and ev- costs here or there and that sometimes health care will impact those families’ erybody truly wins—what the Presi- you have to make investments so you ability to be productive members of dent has called for in winning the fu- can expand your business, you can our economy. ture. make it more competitive. I personally do not understand why We need to make sure that we in the As we look at the plan that is being in the world at this point in time, with Senate stand and say no to these cuts, offered, to cut, cut, cut, it causes us to this high unemployment rate, we such as in the Workforce Investment rethink what is taking place, to think would ever cut job training programs. I Act, in family health, cuts in the Pell outside the box, as they say. There is a can tell you, I travel the State of Grant Program which would be cut by lot of applause for cutting costs. There Washington and I constantly hear, more than $800 per student or Head is a whole group of people in the House even in these hard economic times, em- Start or Early Start that, again, would of Representatives who have targets ployers who cannot find the workforce impact thousands of children in Wash- for cost cutting that will leave Amer- they need to do the jobs. When one ington State. ica without the tools in the future to thinks about that, when a company In addition, we should not cut what remain competitive and to remain a cannot find the workforce it needs be- are the healthy elements of our econ- place where great things can happen. cause there is a skills gap, that is hold- omy but make sure we are helping Why is that? A lot of it is because they ing that company back from producing women and families do what will help are cutting education programs—Head higher revenues, from meeting their them survive and help them help us Start, for one thing. goals, and from adding stimulus to the with economic recovery. I think every Senator ought to economy, all because they cannot find I know some people think this is the pledge to take a trip through a Head the workforce. way to get our economy going again. Start facility and see what it is like.

VerDate Mar 15 2010 00:55 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.044 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1192 CONGRESSIONAL RECORD — SENATE March 3, 2011 See what it is like when you have chil- scholarship program to youngsters in DOD FUNDING AMENDMENT dren, even 1 and 2 years old, in the the sixth grade to pick up a large part Ms. COLLINS. Madam President, I early Head Start Program or 3, 4 and 5 of their college tuition. For 28 young rise to express my deep concern that in the full Head Start Program. See the people in our class, we would con- the Senate has yet to consider the De- enthusiasm that exists with these chil- tribute toward a large part of their col- fense appropriations bill for fiscal year dren. lege tuition if they were accepted at 2011. I have an indication of that here— any one of 30 colleges picked at ran- As the Presiding Officer is well this card. It was Valentines Day when dom. We had counselors, and we aware, we should have completed work I went to the city of Perth Amboy. brought them down here. I was able to on this bill and every other appropria- Oddly enough, Perth Amboy is where take them on a visit to the White tions bill before October 1 of last year. the first signature on the Bill of Rights House, where Vice President Dan But with the Department of Defense, was made, in New Jersey—the Bill of Quayle was very generous with his this is becoming increasingly problem- Rights. Here is an opportunity that is time, and I took them to the company atic. For this reason, along with two certainly a right, to be able to learn. I I was running so they could see. members of the Republican leadership, get notes from these children—flat- The PRESIDING OFFICER (Mrs. Senator ALEXANDER and Senator tering, by the way, and not because of MCCASKILL). All time dedicated to the BARRASSO, I have filed an amendment my looks. They say: majority has expired. to the patent reform bill that would Dear Representatives: We love coming to Mr. LAUTENBERG. Madam Presi- fund the Department of Defense for the school. We learn languages. We can be sci- dent, you say there is no time left on remainder of this fiscal year. entists. We can be artists. We can be authors our side for a presentation? Just think what we have done the and illustrators. We are lifetime learners. I will wrap this up very quickly, if I last 3 weeks. We took up an FAA reau- Here they talk in less precise hand- might. Just a couple words. thorization bill. Then we went on re- writing about how nice it is to be able The PRESIDING OFFICER. Is there cess for a week. And now we are on a to come to school. The design of this objection to the Senator continuing? patent reform bill. I don’t mean to sug- makes it a little tougher presentation: Ms. COLLINS. Madam President, if gest that FAA and patent reform are Dear Mr. Representative: We love our pre- the Senator is truly going to wrap it not important—certainly we could school class. We learn to write. We explore up, I don’t object. have gone without having a recess—but science. We explore changing things in the both of those bills pale in comparison world. We love to be here in school. The PRESIDING OFFICER. Without objection, it is so ordered. to the urgency of providing our service We love it when they are there be- men and women with the resources cause we know that not only are their Mr. LAUTENBERG. I thank my colleague and friend from Maine. they need to carry out their mission. lives going to be improved substan- Secretary Gates, Admiral Mullen, Very simply, we now see what the tially, but also they are going to be and other military leaders have repeat- problem was. We analyzed it thor- contributing citizens to the society we edly and clearly warned us about the oughly. The problem was we started live in. dangers of failing to pass a full-year too late. In the sixth grade, it was too So this is amazing and often ne- Defense funding bill. It is hurting our late to get a learning habit. Now we see glected. I asked for some indication of national security and harming our these little tots and how quickly they what happens at Head Start. But let readiness. Secretary Gates’ put it are learning, how quickly they talk, me say, first of all, all those children bluntly, saying: ‘‘The continuing reso- and how quickly they adapt. are beautiful. I never saw so many lution represents a crisis at our door- These children will suffer the pain beautiful children in my life. I am a step.’’ Deputy Secretary of Defense created by Republicans’ cuts—and professional grandfather. I have 13 William Lynn testified that ‘‘a year- shame on us if we don’t stop them. You grandchildren. My wife brought 3 to long CR will damage national secu- have to wonder why children are their the marriage and I had 10. There is rity.’’ 1 No. 1 target? Did children cause the fi- nothing like seeing a 1 ⁄2-year-old At no time in recent memory has learning, a 2-year-old learning. nancial crisis? Were Head Start kids Congress failed to pass a Defense ap- What we have found is that by the engaging in credit default swaps with propriations bill. Even when there was age of 1, most children begin linking mortgage-backed securities? a year-long continuing resolution for words to meanings. They understand You have to wonder if House Repub- most of the government during fiscal the names used to label familiar ob- licans think this is the case. They want year 2007, the Congress passed a sepa- jects—body parts, arms, legs, animals, to decimate Head Start by cutting its rate bill funding the Department of De- and people. At about 18 months, they funding by $1 billion. If they have their fense. With troops in harm’s way, now add new words to their vocabulary at way, roughly one-quarter of all chil- is not the time to break with that the astounding rate of one every 2 dren in Head Start will be kicked out precedent. hours. By age 2, most children have a of the program. This includes 3,700 kids If we do not provide the authority for vocabulary of several hundred words in my State of New Jersey, like the the Air Force to buy unmanned aerial and can form simple sentences, such as kids at the Head Start Center I visited vehicles to fly combat air patrols over ‘‘Go outdoors’’ or the traditional ‘‘All last week and the kids who sent these Afghanistan, the fighting there will gone.’’ Between 24 to 30 months, chil- Valentines Day cards. How can we tell not be halted until we do so. If we do dren speak in longer sentences, and these children: Forget about getting a not act to provide the $150 million that from 30 to 36 months kids can usually head start. You must go to the back of has been requested to meet the very recite the alphabet and count from 1 to the line. specific and urgent requirements of our 10. The fact is, they are learning some- The fact is, the House Republican special forces, we will be failing those thing. budget will poison our future. Their who are truly on the frontlines. By kindergarten, kids are beginning prescription for America’s kids is Secretary Gates has made it clear, to turn the pages of the book, and they toxic. If we want our country to suc- military readiness will suffer because start learning to read by about 5 years ceed, we must invest in its future—and of fewer flying hours for our pilots, of age. There is a real reward for the that means protecting and inspiring fewer steaming days for our ships, and country when they do that. Our society our children. So let’s reject shame and cutbacks in training for home-sta- receives nearly $9 in benefits for every pain. Let’s reject the disastrous House tioned forces. $1 invested in Head Start children. It Republican budget plan. Let’s invest in A full year’s CR will also delay much leads to an increase in achievement our kids and win the future. Our coun- needed modernization of our military and lots of good things. try’s children deserve nothing less. equipment. This would come at a time I learned a little bit the hard way Madam President, I thank my col- when our Navy is at its smallest size about what Head Start means when I league from Maine for the courtesy, since 1916 and at a time when the air- and a business partner of mine went and I yield the floor. craft and our Air Force inventory are back to a school we went to as kids. We The PRESIDING OFFICER. The Sen- older than at any time since the Air went to the sixth grade and offered a ator from Maine. Force was created. The Navy will not

VerDate Mar 15 2010 00:55 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.049 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 3, 2011 CONGRESSIONAL RECORD — SENATE S1193 be able to procure a second Virginia licans, the professional CBO witnesses ‘‘Mr. Carney: Absolutely.’’ class submarine nor a DDG–51 de- from all walks of intellectual and busi- I don’t know what world people are stroyer needed to keep costs down and ness life, say we are on an living in. Are we communicating in to achieve the minimum size fleet—313 unsustainable debt path. They are not English or some other language? This ships—that the Navy has stated is the kidding. They meant that, and the budget that is presented to us comes absolute minimum. words mean something. We cannot con- nowhere close to living within our Operating under a full-year’s CR also tinue what we are doing. means, matching expenditures and rev- means that the taxpayers are going to Admiral Mullen, the Chairman of the enues, and not adding more to the debt. end up paying more for less. The Navy Joint Chiefs of Staff, recently said: Look at this chart. These are the would likely have to renegotiate some I believe that our debt is the greatest President’s numbers, the numbers that of its procurements. The Army has al- threat to our national security. If we as a have been put out here, and this is ready shut down work on the Stryker country do not address our fiscal imbalances what we have been asked to pass. It is in the near-term, our national power will before the Budget Committee. I wish it Mobile Gun System that will likely erode and the costs to our ability to main- incur additional costs to restart. tain and sustain influence could be great. were not so, what we have. I know it is not easy to offer these numbers. I know It is also important to recognize that He said if we do not address it in the Senator MCCASKILL knows that. She at a time when the American public is near term—not just in the long term, has looked at that. But I think we have most concerned about jobs and the in the near term. economy, the Defense appropriations Recently, on February 17, Secretary to begin to alter them a lot. Look, in 2010 our total debt, the gross bill provides funds that are the source Geithner, the Secretary of the Treas- of thousands of jobs in the United ury, appeared before the Budget Com- debt of the United States, is $13.5 tril- States—jobs that will be lost or at mittee, and we went over the Presi- lion. In 10 years, under the President’s least deferred. dent’s budget. He was, I will have to budget—these are numbers in his budg- The Secretary of the Navy has said say, more candid than was OMB Direc- et document that he submitted to us— that the combined effects of failing to tor Jack Lew. I was asking him about it goes to $26.3 trillion. Not projecting fund the Defense Department will di- the situation we are in and the effect of a war, not projecting another reces- rectly affect the strength of the indus- the budget that allows the debt to dou- sion, both of which, I guess, could trial base and that more than 10,000 ble in the next 10 years—causes the occur during that time. We are living private sector jobs at shipyards, fac- debt to do so. He said, ‘‘It is an exces- on the absolute edge—actually, almost tories, and Navy and Marine Corps fa- sively high interest burden.’’ over the edge, what we are doing and cilities across the country will be jeop- I was asking about the fact that the spending. It is $13 trillion in new debt. ardized. money we borrow, the debt we assume Let me make this point. Not 1 year I could go on and on listing the ways we have to pay interest on. between now and 2021, the 10th year, our servicemembers and our DOD civil- It is unsustainable . . . with the Presi- does the annual deficit fall below $600 ian workforce and the private sector dent’s plan, even if the Congress were to billion. This is an unbelievable num- contractors will be affected by our fail- enact it, and even if Congress were to hold to ber. President Bush was hammered ure to act. There is simply no excuse it and reduce those deficits as a percentage when he had a $450 billion budget, his for this Senate not to have acted last of GDP over the next 5 years, we would still highest, and he was correctly criticized year on a Defense appropriations bill. be left with a very large interest burden and for that. The lowest that is projected unsustainable obligations over time. Surely, we should turn our attention to over 10 years is $26.3 trillion. Last It is pretty clear we are on an focusing on the needs of our military year’s budget deficit was $1.3 trillion. unsustainable path, and it is pretty immediately, and we should heed the The deficit we expect this year is going clear the American people are exactly warning of Secretary Gates, who said: to be—on September 30, when Sep- correct—we are on the wrong track. We tember 30 rolls around, the estimates That is how you hollow out a military— are headed the wrong way. We need to when your best people, your veterans of mul- are that the total annual deficit this tiple combat deployments, become frus- get off of that. year will be $1.6 trillion, the highest we trated and demoralized and, as a result, So what is it that we have been pre- have ever had in the history of the Re- begin leaving military service. sented with? We are presented with a public. Nothing was ever seen like it. It plan. We call it a budget, but it is real- Let’s do what is most important and does project down some. All the projec- ly the administration’s plan for what let’s do it now. Let’s pass the Defense tions are showing it will show some we are going to collect and spend over appropriations bill. drop down, but they are heading back the next 10 years. They can plan to I wish to thank the ranking member up in these outyears of 2019, 2020, 2021. raise taxes, they can plan to cut spend- of the Budget Committee, Senator SES- The budget deficits are going up there. ing, they can plan to increase spending SIONS, for yielding me time. So this is not a sustainable budget. It and borrow more money. They can The PRESIDING OFFICER. The Sen- is not a sustainable path for us to be on plan. That is their plan. ator from Alabama. So we got a plan 2 weeks ago. In that, as a nation. We cannot continue on f the President told us this: this path. It is a great threat to us. This week, Chairman CONRAD, the THE BUDGET What my budget does is put forward some tough choices, some significant spending very able Democratic chairman of the Mr. SESSIONS. Madam President, I cuts, so that by the middle of this decade our Budget Committee, knowledgeable and wish to share some remarks about the annual spending will match our annual reve- fair, has been having hearings. We have budget. I note how pleased I have been nues. We will not be adding more to the na- had the Secretary of Education, the to work in this past year with the Pre- tional debt. Secretary of Energy, and the Secretary siding Officer on some legislation that That is a pretty clear statement, of Transportation testify to us about I think, had we had just a couple more right? It is actually a breathtaking their portion of this overall budget, votes, we would have made progress statement to me because I know how this budget that would double the debt and done something worthwhile to help hard it is to do that, but he said it flat- in 10 years. ensure that our spending does not ly and plainly: What do you think Education is ask- range above our budget, as too often Our annual spending will match our annual ing for? What are they asking for? has been the case in our country. revenues. We will not be adding more to the Think about, back in your States, The fact is the American people, by national debt. what you have been reading about cit- large numbers from polling data, be- Jake Tapper, the ABC reporter, at a ies’ school systems and county school lieve we are on the wrong track, and White House press briefing a couple of systems in States cutting budgets, hav- the intelligentsia, the witnesses we weeks ago asked Mr. Carney, the press ing to do with less, reducing costs, re- have had before the Budget Com- flack, about this dramatic statement. ducing teachers—reducing costs in any mittee—I am ranking member of that He asked him if he thought ‘‘we will way they can. They have been doing a committee—keep telling us we are on not be adding to the national debt’’ is lot of things they have had to do. Some an unsustainable path. Witnesses a statement that will withstand scru- of them are probably going to make called by the Democrats or Repub- tiny. that system stronger in the future, but

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That is al- this year, the baseline budget, was 40, it is a 38-percent increase in 3 years for most unbelievable, but it is an absolute education, I think, is 60. You see, we the Department of Education. This fact. It is undisputed—$3.5 trillion we are going to $800 billion in interest for cannot be contained? We cannot have spend, we bring in $2.2 trillion, and 40 which we get nothing, and much of level funding for the Department of cents of every dollar that is spent this that is sent to people around the world, Education? We have to have an in- year is borrowed. That is why the ex- places such as China and Saudi Arabia, crease of 11 percent on, what, 2 percent perts tell us we have a potential debt who are buying our bonds and we are inflation? Five times the inflation rate crisis. having to pay them interest. after 2 previous years? This is living Moody’s, the bond rating agency, in Not good. So we are on the wrong within our means when we are going to December wrote a letter warning that path. It is true, we have to change. I have, next year, a deficit of over $1 tril- they could downgrade our debt within appreciate the House of Representa- lion? the next 2 years if we do not get off tives, which is going to send us a con- Energy came in yesterday, Dr. Chu. this unsustainable path. So we need tinuing resolution that begins to take He wants a 9.5-percent increase in Education to help get better education, some steps toward reducing the dan- spending. Basically, all I can see that not see how much more money they gerous path we are on. That is just a the Department of Energy does is take can spend. We need Energy to help first step. We have to do a lot more money, try to mandate programs to re- produce energy. They are the Energy things. quire people to use more expensive en- Department. We need Transportation If we work together, we can do them. ergy, and participate, I guess with the to figure out how to use their money But we are going to have an effort in Interior Department, in locking up en- wisely. which all of us join together, first in ergy sources in the United States that All of this is about the economic recognition that we are facing a grave we ought to be unlocking, creating jobs health and growth and future of Amer- threat to our national security, and, and prosperity and wealth for America. ica. The fact is, according to the great second, a grave threat to our economy They need to get their act together. study by Rogoff and Reinhart—which but one we can meet. I have looked at The price of gasoline is going up. I Secretary of Treasury Geithner said he the numbers. I know it is not going to traveled in my State last week. I fin- agreed with—that study has been com- be easy. But if we take a tougher path, ished a talk, and a hand would go up pleted. They advised their main finding the harder path, maybe the path less about gasoline prices. You know, you is that across both advanced countries traveled, it is the path to prosperity and to a rebound in American strength learn something when you are out and emerging markets, high debt-to- and vitality. traveling around. This is on people’s GDP levels, 90 percent or above, are as- I yield the floor. minds, and they do not think it is sociated with notably lower growth The PRESIDING OFFICER. The Sen- going to stop at $3.40. outcomes. Seldom do countries simply ator from Kentucky. Senator MURKOWSKI, the former grow their way out of deep debt bur- Mr. PAUL. Madam President, we had chairman of the Energy Committee, dens. an election a few months ago. In that now ranking on that committee, knows Well, their study says that it is, on election, the American people sent a more than I. average, 1 percent less growth. Well, if message, a message that they were Transportation today, Secretary we are looking for 3 percent growth concerned about the debt, concerned LaHood—you have to like Secretary this year and we get 2, that makes a lot about our kids and our grandkids and LaHood. He is a likable man. He be- of difference. Three percent would be how this debt is going to be handed lieves in roads and transportation. good growth. If we get 2 percent, we are down to future generations. Hold your hat. Do you know how much now going to get 1 because we are being I am not only concerned about that, the transportation is going to increase dragged down by our debt. I am concerned about the imminent this year if the President’s budget is In addition, Mr. Geithner said this to threat that this debt poses for our approved? It is 62 percent. I am flab- us. Not only does he agree it reduces economy and for our people. We are bergasted. Sixty-two percent? Is there growth, he says it puts us in a position spending about $10 billion a day. Of the a State in America that is not showing where we could more readily have a $10 billion a day we are spending, we hardly any increase in their budgets, debt crisis. If something happened are borrowing about $4 billion. and we are having a 62-percent in- around the world, another debt crisis How big is one billion? It is hard for crease? No, it is an investment in the could spread here and we could slip most of us to fathom how big one bil- future—investment, investment, in- back into a recession. lion is. One billion seconds ago I was in vestment. Give me a break. It is spend- That is why we have to do this, to high school. One billion minutes ago, ing, spending, spending and debt, debt, create a healthy, growing economy and Jesus was alive. One billion hours ago, debt, debt. get this debt burden off us, to create we were in the Stone Age. But $1 bil- It is a pretty serious problem we are jobs, empower the private sector. By lion ago, at the rate the government dealing with. I think the Education De- the way, what percent of GDP are we? spends it, was only a few minutes ago. partment needs to be doing some dif- We are 94 now and are projected to be The government is spending money ferent things instead of just spending 100 percent of GDP by September 30 like there is no tomorrow. We had an money. They need to figure out how this year. election and we thought as voters we children learn. We have to quit defin- Our gross debt will be 100 percent of sent a message to this place. But it is ing our commitment to education on GDP by September 30 this year. That not getting through. The President how much money we throw at the prob- puts us way into the danger zone. It is gave us a budget. His proposal for 10 lem, how many new buildings we build. unacceptable. What do we have from years is to spend $46 trillion. How big is We have to ask are children actually the President’s budget? A budget that $1 trillion? improving? Are they learning better? increases spending every year, that has I mean, it is hard to fathom $1 bil- And too often that is not the case. Can- its lowest annual deficit $600 billion, lion, much less $1 trillion. One trillion ada, our neighbor to the north, spends which I think $600 billion would be the dollars, it is hard to imagine. It bog- $7,500 per year, per pupil. We spend lowest deficit—the highest deficit ever gles the mind. If we had thousand-dol- $11,500, and they get better results. Is achieved prior to President Obama be- lar bills and I stacked them in my that an investment? It is not a good incoming President. hand, a stack of thousand-dollar bills 4 vestment if we are spending more and It will double the debt in 10 years, inches high would be $1 million. But if getting substantially less. We need the and interest on our debt will go from I want to have $1 trillion in hundred- Secretary of Education to be figuring under $200 billion last year—hold your dollar bills, it would be 67 miles high.

VerDate Mar 15 2010 00:55 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.051 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 3, 2011 CONGRESSIONAL RECORD — SENATE S1195 Why do these numbers mean any- difference, for them to say Social Secu- rity; we are not touching Medicare; we thing to us? Why does the deficit or the rity is on solid footing and that we are are afraid to lead; Wait and let the debt mean anything to us? Because it simply paying and spending the inter- President lead someday, if we do that, is stealing from our future. We have to est it brings in, it is a lie. The interest the system is run into the ground. It is do something about it. I think I agree is paid by borrowing from China. We a problem. with the Senator from Alabama, that are borrowing nearly $2 trillion a year. What happened in Greece when they it is a threat to our future, that we The Senator from Alabama showed ran into a debt crisis? They changed could have a crisis come upon us where us the statistics. Even though the def- the age of eligibility for their entitle- we cannot manage our debt. icit, official deficit, will be like $1.5 or ments overnight. That is much more How do we pay for our debt? We can $1.6 trillion, the debt limit, if we watch difficult. When you are 67 and all of a either tax people—most of us think we closely, in a month, will go up $2 tril- sudden someone tells you, you do not are already taxed enough already. We lion—all kinds of things they do not get it for another year, and you are not willing to pay more than 40 count, off-budget items, money they planned on it, that is very difficult. percent of our income for taxes. We can borrowed from places. But what if we say gradually, to borrow. But we borrowed an enormous The truth is, we have to wake up and those my age and younger, tell them amount. We now owe the Chinese $800 say our entitlements are unsound. No- they will have to make adjustments be- billion, the Japanese $700 billion. The body wants to hear that. People say: cause we do not have enough money. list goes on and on. We owe the Rus- You cannot be elected by saying that. You know what, I think young people sians nearly $200 billion. We owe Mex- Well, guess what. It is the truth. If we already realize it. These young people ico $20 billion. The list goes on and on. do not speak the truth to our problems, here, if they are listening to this de- Where we were once a great nation we will eventually and ultimately en- bate, they know Social Security is bro- that exported goods to the world, our counter a crisis in our country, and I ken, Medicare is broken. It will not be No. 1 export is our debt. But what hap- am for averting that crisis. there for them unless we fix it. So we pens when foreign countries quit buy- I think the President has abdicated need to be the responsible adults. We ing our debt or when the interest we in his leadership. We have this enor- need to fix these problems and they can have to pay them exceeds what we are mous problem, and he is giving us $46 be. able to pay? Most of the estimates on trillion worth of spending, annual defi- Next week, I and a couple other Sen- what we will be paying or the Presi- cits of $1 trillion that go to the end of ators will present a fix for Social Secu- dent’s estimates are saying we will time, and he has abdicated his duty. rity that fixes Social Security in per- 1 have a 3 ⁄2-percent interest rate. I re- The entitlement system is broken. I petuity. That is a long time, forever. member 1979, though, when interest did not break it. I am not responsible We will fix Social Security by allowing rates went to 21 percent. for the baby boom. We have all those the age to rise gradually on younger If that happens, interest will con- people who were born after the war, people, and, by saying to those who sume the budget, and we will have very and they are retiring. will retire, the younger people, again, little left for anything else. As it is, It just happened. We have fewer that they may not get as much out of the course we are on, if we do nothing, workers. Once upon a time, we had it as some other people get. Basically, if we just keep spending the way we are over 50 workers for every retiree. It there will have to be some testing that spending, entitlements and interest worked. Once upon a time, people lived says, when you are in a higher income consume the whole budget within a with an average life expectancy of 65. bracket, your Social Security pay- decade. That is with conservative esti- ments will not rise as rapidly as some Social Security worked in the begin- mates on interest. Imagine what hap- others will. ning, worked for many years. We are pens if interest rates begin to rise such It is the only way we fix it. But those as they did in the 1970s, and some are now down to less than three workers two changes fix Social Security for- predicting this can happen. for one retiree. It is not working. We ever, if we are willing to do it. The Recently, we have been hearing in have a huge number of people retiring. question is, If we speak boldly, if we It is nobody’s fault. But what we the newspapers that some members on lead, is that a detriment or an asset? I, want is leadership. Where is the leader- the other side of the aisle, members of personally, think it is the right thing ship in Washington to say the entitle- their leadership, are saying: Well, this to do, but I also think it is an asset. I ments are broken and we have to do is all well and good, but those over think the people will understand, when something about it? It may not be pop- here, we are mistaken that there is any we lead, we have to make difficult ular, but can we not say someone problem with Social Security. They choices. say Social Security is not adding any- should lead? The President is failing us We have been kicking the can down thing to the debt. They say Social Se- and is not leading. We need leadership. the road, borrowing and borrowing and curity is not adding one penny to the How do we fix Social Security? Here is borrowing. I think we are coming to a debt. what happens if we do nothing. Look at point in time where it has to end. It is I am pretty new here. But Wash- the red ink. It piles on. This year going to end either voluntarily and ington math that says we are not add- alone, we will have to borrow $37 bil- gradually, if we can promote a solu- ing to the debt with Social Security is lion to pay for Social Security. It goes tion, or it can end with a bang. A bang flatly wrong. I have a couple charts up to over $100 billion within a decade. is a crisis. I do not want that to hap- How do we fix Social Security? It is with me. Over here is what we bring in, pen. I want it to happen gradually, in a very simple. Everybody knows it, but in Social Security taxes, payroll taxes, very rational and reasonable manner. I everybody wants to be quiet. No one FICA taxes. Here is what we spend on think we can do it. Social Security recipients. This is what wants to say it. I will say it. The age But I think what we are finding from we bring in, this is what we spend. for Social Security will have to gradu- the other side and from the President We are now, for the first time, spend- ally rise. I have said it. I have said it is a failure to lead. I propose that we ing more than we take in. Well, the repeatedly. I do not want it, nec- have new leadership, and we are going other side will tell us, they will say: essarily. I do not want to have to do to need new leadership if we are going Well, it is not so bad. We have interest the things we have to do. But someone to get this debt under control. payments that fill in the difference. has to stand and say it has to be done. At the very least, we need to have They say Social Security is fine, has We can do it gradually. We can raise this conversation. I am glad we are all these surpluses. If we go to the So- the age or allow the age to rise slowly having it. cial Security Office, we will find a for those 55 and under, and we can fix I yield the floor. stack of paper. These are Treasury Social Security by doing that. That The PRESIDING OFFICER. The Sen- bills. They are nonnegotiable. They alone fixes at least half or more of the ator from Alaska. cannot be traded to anyone. We own problem. We let it rise gradually on the f them, and we pay ourselves interest on younger people. the Social Security surplus. There is an alternative. If we stick ENERGY How do we pay the interest? We bor- our heads in the sand and say: Do noth- Ms. MURKOWSKI. Madam President, row it from China. So to make up this ing; we are not touching Social Secu- clearly some very serious subjects are

VerDate Mar 15 2010 00:55 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.052 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1196 CONGRESSIONAL RECORD — SENATE March 3, 2011 being discussed today. I applaud my Mountain West. We have massive shale speak very briefly because we will have colleague from Kentucky for bringing formations that are not even accessible time to develop this. up the tough stuff. We cannot escape for research and development. We can’t First, look north, north to Alaska. reality. Our reality is in the entitle- even begin to look. We used to have that on our license ments; that we will finally grapple Charles Krauthammer, the col- plates. We have an incredible supply of with the insurmountable debt we are umnist, wrote last year: oil waiting to be tapped for the good of faced with as a nation, some very dif- We haven’t run out of safer and more eas- the Nation. The National Petroleum ficult issues in front of us with equally ily accessible sources of oil. We’ve been run Reserve-Alaska is sitting there wait- difficult solutions. As we stand and off them. . . . ing. Two thousand acres of the non- present them, try to educate one an- I couldn’t agree more. Today our en- wilderness portion of the Arctic Na- other, much less those we represent, ergy policy has gone beyond frus- tional Wildlife Refuge and the Chukchi this is a critical time for us to be talk- trating. It is irresponsible. The Amer- and Beaufort Seas hold at least 40 bil- ing about all the issues that need to be ican people expect their government to lion barrels of recoverable oil. That is on the table. help keep energy affordable and to see enough to replace crude imports from One of the issues being discussed to it that we can benefit from our nat- the Persian Gulf for over 65 years. We around family dinner tables is what is ural resource development in a respon- can do this in one State. We have those happening in this country as it relates sible way. That is what they are asking opportunities in Alaska. All three to the price of oil and how that trans- for. They expect us to take an honest areas right now, as we speak, are effec- lates more personally to American look at where increased domestic pro- tively off-limits to new development families who, every time they go to fill duction is possible, how it can protect because of decisions made by this ad- up the tank, it is costing them more against the higher prices we are seeing ministration or prior administrations. and more. Every time we pick up a now, how it can protect against poten- We have an opportunity if we just look newspaper, every time we turn on the tial supply disruption, and what do- north. TV, we see a story about the rising mestic production will do to increase Second, end the ‘‘permitorium’’ and prices of oil. They are asking: What is our security and restore our trade bal- bring back production in the Gulf of going on. They look at the situation in ance. Mexico. This administration has the Middle East and the combination of That is what we are talking about slowed permits for new deepwater de- international events that is driving it. today: generating government reve- velopment to practically a crawl. The It is also domestic policies that have nues, creating jobs. Right now when we Secretary of the Interior announced import oil, we are exporting those ben- helped to push oil above $100 a barrel. one new permit a couple days ago. That All of us are concerned about what efits. It is our loss, and it is their gain. is a start, but we are just barely crawl- We ignore the positive benefits of do- those higher prices mean for us as a na- ing. This could cost the United States mestic production at our own peril. tion. We are committed to protecting an estimated 200,000 barrels of new sup- About a month ago we had a hearing in the American people and our busi- ply if left in place for a year, far more the Energy Committee where there was nesses and ensuring we have an ability if left in place longer, and tens of thou- a statement presented by the Bipar- to deal with rising prices at the same sands of jobs in the meantime. Courts tisan Policy Center. It is a pretty so- time we are trying to emerge from this have also ruled repeatedly that the ad- bering reminder to us all. The state- difficult recession period. This is a ministration’s ‘‘permitorium’’ is un- ment was: tough time for us. lawful. A district court judge ruled last I have come to floor to outline sev- A one-dollar, one-day increase in a barrel year that it was ‘‘arbitrary and capri- of oil takes $12 million out of the U.S. econ- eral steps I believe we can and should omy. If tensions in the Mideast cause oil cious.’’ More recently the Interior De- take to improve our energy policy. prices to rise by $5 for even just three partment was actually held in con- First, I wish to touch on how we months, over $5 billion will leave the U.S. tempt for its ‘‘dismissive conduct’’ and again find ourselves in this situation. economy. Obviously, this is not a strategy ‘‘determined disregard’’—the words of The civil unrest we are seeing, the po- for creating new jobs. the court—of previous orders to end litical instability in other nations is That was about a month ago. Think this de facto moratorium. certainly not new. They are facts of about what has happened in the course The third item we can do is cut red- life in many nations that provide this of a month and where we have seen the tape. Let’s make this work. In January Nation’s imports. Iran now holds price go. About a month ago, it was sit- the President ordered his executive OPEC’s presidency. They are perfectly ting at about $82 a barrel. We are now agencies to review their regulations to comfortable with $100-a-barrel oil. It is over $100 a barrel. We are looking at a ensure that they are cost-effective, far from guaranteed that OPEC is even rise of 20 bucks in the past month. that they are not unduly damaging capable of moderating any prices in the What that means to us in terms of dol- economic growth and job creation. A way it claims it can with spare capac- lars that have been sent outside of our great task. The Interior Department, ity. economy is about $15 billion. though, is sitting in a situation where With Libya’s supply either offline or Last year, putting it in context of they have an awful lot of work to do. unreliable, any other disruption any- what went on at that time, we spent an In late 2008, the Interior Department where in the world can likely spike estimated $337 billion on oil imports, a stated that ‘‘the number of required global oil prices to levels that will huge amount of money. As we are talk- plan and permit approvals is on the swamp our economic recovery and re- ing about how we deal with budget order of about 25 to 30’’ for a typical oil sult in a genuine hardship for Amer- matters and decide which programs lease. Yet over the past 2 years, instead ica’s families. and services to continue, to terminate, of reducing that, this administration It is not only the situation inter- this has an incredible impact on the has sought to add even more layers to nationally that has brought us to this discussion. these already significant requirements point. The costs and consequences as- Today I am renewing my call for a which are a major reason leaseholders sociated with our dependence on for- realistic and aggressive approach to need years to begin production. We just eign oil are largely our own fault. We our energy challenges. For the sake of can’t get to it. have brought this upon ourselves. Over our national security, for the sake of Fourth, we need to look at how we as the years our lands have been locked our economy, and for the sake of the a nation consider this all-of-the-above up. Many of our most promising oppor- world’s environment, America should energy policy. The alternatives to con- tunities have been put out of reach. In produce as much oil as it uses as pos- ventional oil, to natural gas, to coal this country we sit on tremendous oil sible. It is this balance, in concert with should not be limited to the favored reserves in the offshore, whether it is the resulting revenues we will see, the sources: wind, solar, geothermal. We up in Alaska, in the Chukchi or Beau- benefits to manufacturing and trans- have so much we can be doing. We rec- fort Seas, or whether it is in the Gulf portation industries, that will allow us ognize that. I have stood before this of Mexico. We have onshore opportuni- to take control of our energy future. body on many occasions talking about ties in my home State that are consid- I have five concepts that will support the different ways we can build our en- erable. We have them in the Rocky greater domestic oil production. I will ergy portfolio, how we can work to

VerDate Mar 15 2010 04:07 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.055 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 3, 2011 CONGRESSIONAL RECORD — SENATE S1197 move the transportation fleet to that the outyears and dedicates a higher on my nose and said: JOHNNY, I just had next generation, whether it is electric regulatory environment in the United to hire two compliance officers to com- vehicles or fleets powered by natural States of America. None of that does ply with Dodd-Frank, and I lost a gas. anything to reduce the debt or the def- salesman. I am spending more money The final item in terms of what we icit. In fact, the President’s budget ac- complying and less money producing. can do to help address our Nation’s en- tually makes it worse. That is one of the things this admin- ergy policy is to shelve bad ideas. But it is fair to ask people to step up. istration has done in tremendous quan- There is an awful lot of bad ideas hold- The American people are asking us to tity to put us in a very difficult situa- ing us up. This is the stop-the-bleeding step up. They want us to do what they tion. Every agency is promulgating element of the proposal. With oil prices have been doing in the last 3 years: sit rules and regulations at a rapid rate— on the rise, the administration and around their kitchen table, reorganize regulations that to comply with cost many in Congress seem to have forgot- their priorities, spend within their new employees, more expense in oper- ten that the oil industry actually pro- means, and reduce their debt and the ating a business, and less capital in- vides Americans with energy and jobs. deficit. The very least they should ask vestment in what that business does. Yet sometimes they are viewed as an of their country is their country to do It is very important that the Presi- untapped source of government reve- the same thing they have had to do. In dent understand what happens; that is, nues. large measure, we have been the con- regulation has consequences. Right Proposals to take more from oil com- tributor to the protracted nature of the now the regulatory volume of the panies have included a range of tax in- current recession. United States being proposed by this creases, the use-it-or-lose-it proposal Now, everybody knows there are two administration is unsustainable. It is and similar fees, and substantially ways to reduce the deficit in the short costly, and it increases the debt and shorter lease terms. All of these run and the debt in the long run. One the deficit of the United States of antiproduction efforts deprive compa- way is to cut spending. But that is not America. Quite frankly, it is a reach nies of stable operating environments the only way. Another way is to raise far beyond where government should and reduce their willingness to invest revenue and increase income. And that go. in America. We need to look at what is not just by raising a tax, that is by I am the first person to support occu- we are doing. If they are bad ideas, improving business opportunity and pational safety, the first person to sup- let’s set the bad ideas aside. Let’s the expansion of opportunity in Amer- port financial security, the first person adopt a constructive approach instead ica. There is a third way: by changing to support transparency. I will always of seeking to punish. Let’s figure out a the processes by which we regulate and fight to see that our government is better way forward so we can tap into make decisions, by looking at reforms transparent and our rules are fair and more of America’s vast resources and that in the outyears make a difference our occupational safety is good. But to then make good use of the resulting for all of us. overreach, to go beyond our reach, is revenues. On the spending side, the spending just wrong. We clearly do have options. I look cuts are going to be difficult. They are I will give you a couple of examples. forward to discussing them more in de- going to be modest compared to what Georgia is a large agricultural State. tail, how we can develop these goals of our deficit really is. But they are going Yesterday I was with some cotton a national energy policy. For today, I to send a signal to the world that we farmers who were bemoaning the fact emphasize that responsible domestic are finally going to get serious about of the most recent proposal to regulate production will reduce our energy our spending level, and the majority of agricultural dust. The EPA actually prices, create jobs, improve security, the rest of the world already has— wants to regulate the dust created by a raise revenue to pay down debt, and whether it is Great Britain or many of plow or a tractor or a truck on a dirt allow America to invest in tech- the other countries in the European road on a farm, to say that the farmer nologies for the future. We cannot af- Union. must make sure that dust stays within ford to wait on any of these benefits. So spending cuts are important. But the confines of his hedge row or his I urge Members, as we talk about spending cuts in and of themselves will fence line—meaning we are going to ways to reduce our budget, ways to cre- not solve the entire problem. In fact, try to control nature? Well, how is he ate more jobs for the country, we need H.R. 1, in the House, which made re- going to do it? By hiring water trucks to look critically at what is happening ductions of $61 billion, was a modest to follow behind his tractor to tamp with our energy policy. start at a long-term process. But it down the dust? That is a reach too far. I yield the floor. sent us in the right direction, and it To categorize milk as oil and to say The PRESIDING OFFICER. The Sen- called the bluff the President was talk- farmers who run dairies have to have ator from Georgia. ing about by making real, significant storage tanks for milk that are equiva- f proposals. lent to storage tanks for petroleum, Secondly, in terms of raising rev- that is just crazy. It is a reach too far, THE BUDGET enue, we raise revenue by expanding and it makes the ability to do business Mr. ISAKSON. Madam President, on opportunity, not by raising the rate of tougher, the ability to make a profit June 27, 2010, President Obama made tax, but, as his deficit commission said, more impossible, the amount of rev- the following statement: by lowering the rate of tax, doing away enue produced less because it is less I hope some of those folks who are hol- with deductions that are specialized profitable, and it protracts our debt lering about deficits and debt will step up, and targeted in nature and giving busi- and our deficit problem. because I’m calling their bluff. ness the encouragement to expand. So when the President talks about I am stepping up. At the same time, A funny thing happened to me on calling bluffs, I am willing to do it. I I also want to call the President’s January 3 of this year in Atlanta, GA, am willing to sit down and talk about bluff. I think we are at a serious point right after the first of January. I went the hard issues. In fact, I am willing to in time in our history, and we need to to the OK Cafe in downtown Buckhead, tell the story about how in certain be realistic about what confronts us GA, for a breakfast. That is the gath- measure myself and everybody else ahead of time. ering place for most Atlanta born after 1943 in America is an exam- The biggest bluff this year in the businesspeople on the north side of ple of some of the things we need to do. Congress was the 2012 budget presented town. I was going to have a business In 1983, I was 39 years old. Social Se- by the President which did not take meeting, and Steve Hennessy walked curity sent out their annual report on any of the recommendations from his in, one of the largest automobile deal- the stability of the Social Security own deficit commission—by the way, I ers in the United States. He happened fund and said it was going broke; that was one of the Republicans who sup- to come up to me. He rushed toward if we did not do something we were ported that—and instead locked in a me. He had his arms open. I thought I going to run out of Social Security 25.4-percent increase in spending over was going to get a good luck hug, a ‘‘go benefits in the early 2000s. the last 2 years and made it permanent to Washington and do a good job’’ type Well, that worried everybody. But by calling it a freeze. It raises taxes in speech. Instead, he put his finger right Tip O’Neill, a great Speaker and a

VerDate Mar 15 2010 04:07 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.056 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1198 CONGRESSIONAL RECORD — SENATE March 3, 2011 Democrat, and Ronald Reagan got to- I close by telling a brief story about what the tax strategies portion of the gether at the White House, and they a speech I made in Albany, GA, last bill does and who it impacts. So I want said: We have a problem. year in November, when I was talking to take a few minutes to address those Ronald Reagan said: Well, I don’t about the debt and the deficit, talking questions. want to raise the payroll tax. about some of the solutions we have In simple terms, a tax strategy is any Tip O’Neill said: I don’t want to talked about. I kept talking about a method for reducing, avoiding, or de- lower the amount of the benefit. trillion this and trillion that, and say- ferring tax liability based upon the tax They looked at the actuary and said: ing one day soon we are going to owe law—including interpretations and ap- What do we do? And he said: Recast the $14 trillion. plications of the Internal Revenue eligibility. Push it into the outyears, A farmer at the back of the room at Code, regulations, and related guid- and that will get the system calibrated the rotary club raised his hand and ance. and back to actuarial soundness. said: Senator, I only went to Dough- A tax strategy can be as simple as a So they sat down with the actuaries erty County High School. I don’t know plan to buy tax-exempt bonds or invest at the table and said: I tell you what how much $1 trillion is. How much is in an IRA to reduce your tax liability we are going to do. We are going to pre- it? or as complex as some sort of sale- serve everybody’s Social Security eligi- Well, I stumbled and I stammered, leaseback tax shelter involving mul- bility today. But for those people born and finally, I said: Well, it is a lot. I tiple domestic and foreign corporations after 1943 and before 1947, we are push- could not think of how to quantify it. and partnerships. ing them out from age 65 to age 66. I I got home that night, and my wife A tax strategy patent, which is what was born in 1944. With a stroke of a said: What is wrong? I said: Well, I got we are talking about in this bill, is just pen, Ronald Reagan and Tip O’Neill stumped today. that—a patent on a particular tax changed my eligibility by 1 year. But She said: What was the question? strategy. they changed mine and millions of I said: The question was, how much is Madam President, I ask unanimous other Americans at the lead of the a trillion? consent to have printed in the RECORD baby boomers, recalibrated the system, She said: What did you say? an article from a publication called the and put Social Security in actuarial I said: Well, it is a lot. Tax Adviser. This article provides some soundness until 2050. Then they added She said: Well, that was stupid. examples of tax strategies that should 2-month increments for eligibility be- I said: Well, give me a suggestion. not be patented. yond, where eventually the law now And she is always right. There being no objection, the mate- takes Social Security eligibility to 67. She said: Well, why don’t you just rial was ordered to be printed in the The President’s commission rec- figure out how many years have to go RECORD, as follows: ommended doing a similar thing over by for 1 trillion seconds to pass. Then [From the Tax Advisors, Aug. 1, 2007] the next 50 to 75 years to push eligi- people will understand how much $1 PATENTING TAX IDEAS bility out so that benefits are not cut. trillion is. (By Justine P. Ransome, J.D., MBA, CPA; Eligibility is changed but taxes do not So I did the math. I multiplied 60 sec- and Eileen Sherr, CPA, M.Tax) go up. Eligibility is only changed, and onds times 60 minutes times 24 hours EXECUTIVE SUMMARY when you become eligible to collect. times 365 days. I got on the calculator, TSPs have been issued in many areas, and We already know that when Social and the calculator only went to 12 dig- many applications are currently pending. Security was formed originally, most its. So I had to go to the computer to Such patents thwart Congressional intent people did not live to the eligibility get something that would go to 13 dig- and undermine the integrity of, and the public’s confidence in, the tax system. age of 65, and today most everybody its, which is a trillion. I divided that AICPA will continue to work with the IRS, does. Our lifespans are a longer time, product into 1 trillion. USPTO, Treasury and Congress to handle— and that is what has gotten the system Do you know how many years have and hopefully resolve—this emerging issue. actuarially unsound. to pass for 1 trillion seconds to go by? One of the greatest challenges tax practi- So I do not think it is right to say Madam President, 31,709. And we owe tioners face in providing quality tax services that nobody has answered the call on $14 trillion. At a dollar a second, for to clients is to keep abreast of the ever- debt and deficit reduction. I do not changing complexity of the tax law. Added over 400,000 years, we could solve our to this challenge is the burden of deter- think it is right to say that our bluff— problem. That is a huge problem. But mining whether the chosen advice is another we have not been bluffing anybody, nei- we have the benefit of the time value of party’s exclusive property. While this may ther did the President’s debt and def- money and the hope and opportunity of seem absurd, in the real world of tax con- icit commission. They called our hand the greatest country on the face of this sulting, tax advisers must now contend with by giving us consequential rec- Earth. certain practitioners and companies seeking ommendations that work and in the So I call the President’s bluff. Let’s patents to protect their exclusive right to long term make the future of America sit down together and talk about the use various tax planning ideas and techniques they claim to have developed. bright. tough things. Let’s talk about the Tax practitioners may be surprised to find This problem is not a partisan prob- shared sacrifice. Let’s talk about the that tax strategies they have used routinely lem; it is a bipartisan problem. The benefit that comes from responsibility, in practice are now patented and unavailable parties have contributed each to the frugality, and a commitment to the for use without the patent holder’s permis- other to cause the problem. We need to principles of our Founding Fathers and sion. The trend of patenting tax strategies is sit down together and begin solving it always remember the principle that on the rise. This article explores tax-strat- but not making it a political issue for less debt is better, and we should never egy patenting. It provides an overview of the the 2012 election with no solutions. In- be a country controlled by those we issue and discusses the AICPA’s concerns stead of bluffs, we ought to make con- and activities to keep its members informed, owe. Instead, we ought to be a country as well as its attempts to seek a legislative structive proposals. Instead of speeches loved by those we protect. remedy that will stem the tide of these types on the floor that run time, we ought to Madam President, I yield the floor of patents. be offering amendments on the floor and suggest the absence of a quorum. BACKGROUND that make a difference in terms of the The PRESIDING OFFICER (Ms. The Patent Act of 1952 provided that pat- debt and the deficit of the United KLOBUCHAR). The clerk will call the ents may be granted for innovations that are States of America. roll. useful, novel and nonobvious. Under 35 USC This is the greatest country on the The bill clerk proceeded to call the Section 271, a patent gives its holder the ex- face of this Earth, and it is because roll. clusive right to make, use and sell the pat- people trust it. But if we continue to Mr. GRASSLEY. Madam President, I ented idea. The consequences of infringing a look the other way as our debt and our ask unanimous consent that the order patent can be substantial. The remedies for deficit increases, that trust will dis- patent infringement under 35 USC Sections for the quorum call be rescinded. 283 and 284 include injunctive relief and sipate and our interest rates will go up, The PRESIDING OFFICER. Without money damages equal to lost profits or a rea- the cost of goods and services will be objection, it is so ordered. sonable royalty. Money damages can be tri- inflated, and America will be in trou- Mr. GRASSLEY. Madam President, I pled in cases of willful infringement, as au- ble. understand there are questions about thorized under 35 USC Section 284; under 35

VerDate Mar 15 2010 02:30 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.057 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 3, 2011 CONGRESSIONAL RECORD — SENATE S1199 USC Section 285, attorneys’ fees can be vesting long-term assets of tax-exempt char- uals and companies already have applied for awarded to the prevailing party in excep- ities. The letter noted that the allowed multiple patents. For example, FOLIOfn, tional cases. Issued patents are presumed claims in the patent involve investments Inc., a brokerage and investment solutions valid; under 35 USC Section 282, an accuser used for charitable remainder trusts, pooled- company, holds three TSPs. It has developed must overcome this presumption with clear income funds, charitable gift annuities, methods for tracking and organizing invest- and convincing evidence to invalidate a pat- charitable lead trusts and permanent endow- ments and has patented mechanisms and ent. Even if an accused is not found liable, ment funds. processes that allow users to view and ma- defending a lawsuit can be costly. Part of this patent resembles the facts and nipulate potential tax consequences of in- In 1998, the Federal Circuit, in State Street results of Letter Ruling 90090471 and TAM vestment decisions. Several of FOLIOfn’s Bank & Trust, held that business methods 9825001. In those rulings, the IRS permitted a other business-method patents are in prac- are patentable. Since this decision, patents net-income charitable remainder unitrust to tice via large licensing agreements. The for business methods have flourished. In invest in a tax-deferred annuity contract for company is similarly looking for licensing some cases, these patents involve processes the purposes of controlling the timing and opportunities for its three TSPs but has not that would seem to be neither novel nor non- amount of income distributions and to other- yet secured any deals. obvious (i.e., other reasonably intelligent wise provide a guaranteed death benefit pay- As far as the AICPA is aware, only one of people would come to the same or a similar able to the charitable remainder interest its members (a sole practitioner) has applied conclusion when confronted with the same or holder. The patent purports to achieve a for a TSP. The AICPA Tax Division staff dis- similar issue). similar result through the use of tax-de- cussed the issue with that member. The Recently, the Supreme Court held that the ferred arrangements. AICPA has confirmed that, currently, none long-standing test used by the lower courts The patent holder also sent a press release of the ‘‘Big Four’ accounting firms holds to determine whether an idea was non- to the Planned Giving Design Center TSPs. (PGDC), a professional organization that obvious was not being applied correctly (and, AICPA ISSUES provides advice on charitable planning and in fact, was being applied too strictly). The In a Feb. 28, 2007, letter to Congress, the opinion stated that for an idea to be non- taxation. An article written by the PGDC’s editor noted that the letter ruling and TAM AICPA outlined its concerns and position on obvious, it must be (1) one that would not patenting tax strategies. Its position is that have occurred to persons of ordinary skill are well known to members of the insurance community in particular, ‘‘which have since TSPs: and intelligence in the field of endeavor in- Limit taxpayers’ ability to use fully tax volved; or (2) previously available knowledge facilitated thousands of annuity invested charitable remainder trusts since 1990.’’ The law interpretations intended by Congress; that would have caused a person of ordinary May cause some taxpayers to pay more tax article further noted that these rulings are intelligence to affirmatively believe that the than Congress intended or more than others also well known to the IRS, which issued idea would not work. Since this decision was similarly situated; them and subsequently discussed such ar- just handed down, it remains to be seen what Complicate the provision of tax advice by rangements in its 1999 Continuing Profes- effect it will have on the proliferation of pat- professionals; sional Education text. The IRS also added ents for business methods in the future. Hinder compliance by taxpayers; these rulings to its annual ‘‘no-ruling’’ list The patenting of business methods has re- Mislead taxpayers into believing that a as it studied whether they conveyed an inap- cently crept into the practice of tax plan- patented strategy is valid under the tax law; propriate tax benefit to taxpayers. The arti- ning. At press time, 60 tax-strategy patents and cle noted that all of these events occurred (TSPs) have been granted; 86 are pending. Preclude tax professionals from chal- well in advance of the date the holder ap- There may be additional TSPs; about 10% lenging the validity of a patented strategy. plied for his patent (2004). are generally unpublished, because appli- The AICPA is concerned about patents for In light of that patent, the AICPA and methods that taxpayers use in arranging cants can elect not to publish a patent if no American Bar Association (ABA) asked the protection is being sought in a foreign juris- their affairs to minimize tax obligations. USPTO whether IRS rulings were considered TSPs may limit taxpayers’ ability to use diction. Also, it can take up to 18 months for ‘‘prior art’’ (and, thus, not novel) if they a patent application to be published and list- fully interpretations of law intended by Con- were not listed in the ‘‘Other References’’ gress. As a result, they thwart Congressional ed on the USPTO website. As discussed section of a patent application. The patent below, many of these patents deal with plan- intent and, thus, undermine the integrity of, application did not contain a reference to ei- and the public’s confidence in, the tax sys- ning techniques routinely used by tax practi- ther ruling. The USPTO replied that, al- tioners in delivering tax services to clients. tem. TSPs also unfairly cause some tax- though it had not required such information payers to pay more tax than (1) intended by Reasons for Concern in the past, it would start requesting it for Congress or (2) others similarly situated. The SOGRAT patent: The primary catalyst for financial-type patents under its Rule 105 AICPA believes that the conflict with Con- the concern of the AICPA and other tax (which is used to ask applicants for more in- gressional intent highlights a serious policy practitioners was a 2006 infringement suit formation). reason against allowing patent protection. Sec. 1031: A patent relying heavily on Sec. over the ‘‘SOGRAT patent.’’ Awarded by the Allowing a patent on a strategy for com- 1031 has also drawn tax advisers’ attention. USPTO on May 20, 2003, to Robert C. Slane of plying with a law or regulation is not sound The ‘‘Section 1031 deedshare patent’’ in- Wealth Transfer Group LLC, the SOGRAT public policy because it creates exclusivity patent describes an estate planning tech- volves a method and investment instruments (deedshares) for performing tax-deferred real in interpreting the law. nique that uses grantor retained annuity The AICPA is also concerned with tax law estate exchanges. The patent follows the re- trusts (GRATs) to transfer nonqualified simplicity and administration. TSPs greatly sult in Rev. Proc. 2002–22. Its exclusive li- stock options (NQSOs) to younger genera- complicate tax advice and compliance. Tax censee, CB Richard Ellis Investors, L.L.C., tions, with few or no gift tax consequences. law is already quite complex. The AICPA be- has publicized and warned that it will ag- GRATs are permitted under Sec. 2702 and lieves that the addition of rapidly prolifer- the regulations there under. Many estate gressively pursue patent enforcement. Deferred compensation: A patent on hedg- ating patents on tax-planning techniques planners are familiar with, and routinely ing liabilities associated with a deferred- and concepts will render tax compliance use, GRATs to shift a variety of different compensation plan was granted and assigned much more difficult. types of assets to younger generations. Thus, to Goldman Sachs & Company. The patent Because TSPs are granted by the Federal it came as quite a surprise to many estate purports to provide a mechanism to hedge government, the AICPA is concerned that planners when an article touting the estate the compensation expense liabilities of an they pose a significant risk to taxpayers. tax benefits of placing NQSOs into a GRAT employer providing deferred compensation Taxpayers may be misled into believing that noted that the technique had been patented to one or more employees. a patented tax strategy bears the approval of by one of that article’s authors. This sur- IRAs: A patent has been granted to evalu- other government agencies (e.g., the IRS) prise grew into concern when the patent ate the financial consequences of converting and, thus, is a valid and viable technique holder instituted the above-mentioned pat- a traditional IRA to a Roth IRA. It describes under the tax law. However, this is not the ent infringement suit against a taxpayer a computer-implemented process for com- case; the USPTO does not consider the via- who implemented the technique without its puting the tax consequences of converting to bility of a strategy under the tax law. The permission. a Roth IRA and various options for funding USPTO is authorized only to apply the cri- Warning letters: As previously stated, the taxes, such as term insurance to fund the teria for patent approval as enacted by Con- money damages can be tripled in cases of Federal tax liability of early withdrawal for gress and as interpreted by the courts. The willful infringement (which requires knowl- premature death, calculating the entire roll- IRS is not involved in the USPTO’s consider- edge of the patent). Some patent holders over amount and financing the tax and ination of a TSP application. have resorted to mail campaigns and/or press surance premium. The AICPA is concerned that tax profes- releases touting their patents and warning FSAs: A patent has been granted on flexi- sionals also may be unable, as a practical other tax practitioners that they may be in- ble spending accounts (FSAs). The patent matter, to challenge the validity of TSPs as fringing on said patents. For example, one sets forth a method to calculate costs using being obvious or lacking novelty, due to patent infringement warning letter ad- a ‘‘health cost calculator’’ and ‘‘flexible their professional obligations of client con- dressed a method for financing future needs spending account calculator.’’ fidentiality. Tax advisers may also find it of an individual or future intentions on the FOLIOfn: The trend to patent tax ideas is difficult to defend patent-infringement law- death of such person, and a method for in- only in its infancy; however, several individ- suits due to client confidentiality. The

VerDate Mar 15 2010 02:30 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.014 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1200 CONGRESSIONAL RECORD — SENATE March 3, 2011 USPTO will also find it difficult, if not im- The AICPA Congressional and Political Af- rently working with the USPTO to deter- possible, to determine whether proposed tax fairs group has made TSPs a top priority and mine how both organizations might work to- strategies meet the statutory requirements is in discussions with Congress and its staffs, gether to better scrutinize such patent appli- for patentability because tax advice is gen- as well as the USPTO’s General Counsel and cations. The AICPA will continue to focus erally provided on a confidential basis. Director of Business Method Patents, to de- its legislative efforts on the judiciary com- The usefulness of TSPs is also question- velop and enact legislation designed to bar mittees and to work with the USPTO, IRS able. The AICPA believes that some of these grants of, or provide immunity for taxpayers and Treasury, as well as other professional patents may be sought to prevent tax advis- and practitioners from liability related to, groups, to educate tax advisers on TSPs and ers and taxpayers from using otherwise le- such patents. Currently, the AICPA’s legisla- to enhance the flow of information among gally permissible tax-planning techniques, tive efforts are focused on the judiciary com- the groups. The PTF and the AICPA will unless they pay a royalty. mittees, which consider and vote on any pat- continue to update its website with addi- The AICPA is concerned that both tax ent legislation. tional resources for members, develop other practitioners and taxpayers may be sued for Action: The AICPA has taken a pro-active educational and practice-oriented tools and patent infringement, whether or not the in- role against the patenting of tax ideas. Most study and address related professional eth- fringer knew about the patent. A taxpayer of its efforts are reflected in a website it has ical issues. can infringe a patent without intent or created on the subject, which contains: CONCLUSION knowledge of it; ignorance of an applicable AICPA comments to Congress, Treasury Practitioners and taxpayers need to (1) be patent is not a defense. Practitioners must and the IRS, updates to members, and its aware that TSPs are being granted and (2) be aware that once they know that a par- PTF roster; review planning approaches and consider ticular tax strategy is patented, using that Comments of other groups and the Joint consulting with patent counsel, if appro- strategy without the patent holders permis- Committee on Taxation; priate. Tax advisers should ask clients about sion may expose them to claims of willful in- USPTO links; their use of tax strategies, as they may be fringement and triple damages. Unfortu- Information on specific TSPs; unknowingly using patented ones. The nately, the current environment may leave Related articles and other information; AICPA will continue to work with the IRS, some practitioners with no recourse, other and USPTO, Treasury and Congress to handle— than engaging patent counsel to review and Links to additional resources. and hopefully resolve—this emerging issue. monitor techniques they routinely use. RECOMMENDED STEPS Mr. GRASSLEY. Tax strategies are Advocacy Efforts and Communications To minimize potential liability until a leg- bad because they allow the tax law to Background: In November 2005 and Feb- islative solution is enacted, tax practitioners ruary 2006, the AICPA Trust, Estate & Gift should take the following steps, as appro- be patented. A patent gives the holder Tax TRP discussed this emerging issue with priate, in response to TSPs: the exclusive right to exclude others IRS representatives. In addition, AICPA Stay current on matters regarding TSPs from using the patented invention. A President Barry Melancon discussed this by continually visiting the AICPA website tax strategy patent makes taxpayers issue with then-IRS Commissioner Mark on the subject. choose between paying more than le- Everson on Oct. 17, 2006, advising him of the Read articles and attend conferences about gally required in taxes or providing a AICPA’s concern and desire to take legisla- TSPs. windfall to a tax strategy patentholder tive action. Continually visit the USPTO website to de- by paying a royalty to comply with the In January 2006, the AICPA Tax Division’s termine if a tax idea, technique or strategy Tax Executive Committee (TEC) decided to that a tax practitioner intends to rec- tax law. form the PTF. This article’s authors chair ommend to a client has been issued a patent Tax strategy patents add another and staff that task force, respectively. The or if one is pending. layer of complexity to the tax laws by PTF was formed with both large- and small- If a strategy is either already patented or requiring taxpayers or their advisers to firm members, from various technical areas is similar to a patented strategy: conduct patent searches and exposing of the AICPA Tax Division, including indi- Advise the client about the patent’s exist- them to potential patent infringement vidual, international, partnership, S corpora- ence, the options available and the associ- lawsuits. tion, tax policy and legislation, and trust, ated risks; If a tax strategy patent is granted for estate and gift taxes. The task force held Determine whether patent counsel is need- a tax shelter designed to illegally several conference calls and meetings, ined to further investigate the patent; and cluding one call with a patent expert who ex- If there is a relevant patent, determine evade taxes, the fact that a patent was plained the basis for patents and the applica- whether to negotiate with the patent holder granted may mislead unknowing tax- tion process. to be able to use the strategy. payers into believing the obvious: That In June 2006, the TEC authorized some PTF PROPOSED LEGISLATIVE SOLUTION the strategy is valid under the tax law members to participate in a joint multi-pro- The AICPA has considered various admin- when, in fact, it might not be. fessional organization task force (including istrative solutions to this issue and con- Tax strategies are not like other in- the AICPA, the ABA’s Real Property, Pro- cluded that they are insufficient. In its Feb. ventions because everyone wants to bate and Trust Law Section and Tax Section, 28, 2007, letter, it encouraged Congress to de- pay less tax. Tax strategy patents are the American College of Trust and Estate velop legislation to eliminate the harmful Counsel and the American Bankers Associa- on the rise, which then means more consequences of TSPs by either (1) restrict- tion) on the issue. The joint task force had and more legal tax strategies are un- ing the issuance of such patents or (2) pro- several conference calls; its chair attended a available or, obviously, more expensive viding immunity from patent infringement PTF meeting in November 2006. for more and more taxpayers. liability for taxpayers and tax practitioners. In July 2006, prior to the Congressional HR 2365, legislation sought by the AICPA Madam President, I ask unanimous hearings on the issue, the PTF discussed its to limit damages and other remedies with re- consent to have printed in the RECORD concerns with Capitol Hill staff. This arti- spect to patents for tax-planning methods, a letter. This letter, which is from a cle’s authors attended the hearing, then up- was introduced by Rep. Rick Boucher (D–VA) coalition of 15 consumer groups, in- dated AICPA Tax Division members about on May 17, 2007, with initial co-sponsors the issue and hearing via an electronic alert cluding the umbrella group for public Reps. Bob Goodlatte (R–VA) and Steve (e-alert) in August 2006. accountants, the Tax Justice Center, Chabot (R–OH). Reps. Boucher, Goodlatte In October 2006, the AICPA up-dated mem- and the U.S. Public Interest Research and Chabot are senior members of the House bers via an update to state CPA societies. In Group, provides more information on Judiciary Committee, which has jurisdiction February 2007, the AICPA sent to the leader- over patent legislation. The bill was referred why tax strategy patents are bad for ship of the House and Senate tax-writing and to that committee. As of May 30, 2007, 14 co- taxpayers. judiciary committees its position on tax- sponsors had signed onto the bill. AICPA ef- There being no objection, the mate- strategy patenting, including legislative pro- forts and discussions continue with other rial was ordered to be printed in the posals. E-alerts went out to the AICPA mem- members of Congress, including members of RECORD, as follows: bership and were included in the April 2007 the Senate Judiciary Committee. On May 16, issue of the AICPA’s The CPA Letter. In ad- FEBRUARY 2, 2011. 2007, Reps. Lamar Smith (R–TX), Boucher dition, PTF members authored Journal of Re Tax Strategy Patents. and Goodlatte sent a letter requesting a Accountancy articles on the subject. Hon. PATRICK J. LEAHY, hearing on the issue to Howard Berman (D– In March 2007, the PTF drafted and sub- Chairman, Committee on the Judiciary, U.S. CA), chairman of the House Judiciary Com- mitted comments to Treasury on the regula- Senate, Washington, DC. mittee Subcommittee on Courts, the Inter- tions for ‘‘reportable transactions.’’ These Hon. CHARLES GRASSLEY, net, and Intellectual Property. comments recommended that Treasury not Ranking Member, Committee on the Judiciary, require taxpayers to report patented trans- The Future U.S. Senate, Washington, DC. actions as reportable transactions, but re- The AICPA continues to work with Con- DEAR GENTLEMEN: On behalf of our 15 na- quire the patent holder or USPTO to disclose gress to make legislative changes regarding tional organizations representing consumer, when the patent is issued. the patenting of tax strategies. It is also cur- taxpayer, charitable, financial planning, and

VerDate Mar 15 2010 04:07 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.015 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 3, 2011 CONGRESSIONAL RECORD — SENATE S1201 tax advisor groups, we commend you for in- any of us if we can assist you as you move pending in Congress. Although H&R Block cluding a provision in S. 23, The Patent Re- forward on this important matter. holds and is seeking numerous patents perform Act of 2011, to address the serious prob- Sincerely, taining to methods of delivering tax advice lem of tax strategy patents. Similar to legis- Barry C. Melancon, CPA, President and and tax return preparation, H&R Block’s in- lation recently introduced by Senators Bau- Chief Executive Officer, American In- ventions do not, by their nature, reduce, cus and Grassley, S. 139, we believe that this stitute of Certified Public Account- avoid, or defer tax liability. Therefore, at pro-taxpayer measure is a critical compo- ants; Nicole Tichon, Executive Direc- this time, we do not have any major con- nent of any comprehensive patent reform ef- tor, Tax Justice Network USA; Jo cerns regarding the language in the Act that fort. The ongoing, serious concerns associ- Marie Griesgraber, Executive Director, statutorily deems that all strategies for re- ated with tax strategy patents pose a signifi- New Rules for Global Finance; Richard ducing, avoiding, or deferring tax liability cant threat to American taxpayers and busi- M. Lipton, Chair, American College of are ‘in the prior art’ and not patentable. nesses, and we believe that Congress must Tax Counsel; Linda Sherry, National Nonetheless, we should mention that H&R prioritize fixing this problem as soon as pos- Priorities Director, Consumer Action; Block is concerned about the precedent that sible. Karen M. Moore, President, The Amer- this bill will set. Our fear is that Congress is As the Senate Judiciary Committee moves ican College of Trust and Estate Coun- going down the path where, in the future, it to mark up S. 23, we ask you specifically to sel; Tanya Howe Johnson, President will simply declare ‘‘not patentable’’ any champion this provision, and aggressively and CEO, Partnership for Philan- subject matter it deems to be unpopular or oppose any efforts to weaken or remove it. thropic Planning; Raymond W. Baker, politically unfavorable. There is too much at stake to allow special Director, Global Financial Integrity; Sincerely, interests to try to monopolize methods of Edwin P. Morrow, CLU, ChFC, CFP®, BRIAN DONOHUE, Federal tax compliance, leaving American RFC®, Chairman and Chief Executive AVP, Government Relations. taxpayers potentially subject to lawsuits. Officer, International Association for KPMG LLP, royalties, and a much more complicated, ex- Registered Financial Consultants; H. Washington, DC, February 25, 2011. pensive tax code. Stephen Bailey, President, Inter- Hon. PATRICK LEAHY, Chairman, As you know, the problems associated with national Association for Registered Fi- Hon. CHARLES GRASSLEY, Ranking Member, tax strategy patents are multiple and quite nancial Consultants; Michael Nelson, U.S. Senate Committee on the Judiciary 224 complex. First, such patents may limit the Executive Vice President & Chief Exec- Dirksen Senate Office Building Washington, ability of taxpayers to utilize fully interpre- utive Officer, National Association of DC. tations of tax law intended by Congress—ef- Enrolled Agents; Gary Kalman, Direc- DEAR CHAIRMAN LEAHY AND RANKING MEM- fectively creating a monopoly for the patent tor, Federal Legislative Office, holders to determine who can and cannot BER GRASSLEY: We would like to commend USPIRG; Kevin R. Keller, Chief Execu- you on the inclusion of section 14—a ban on utilize parts of the tax code. Furthermore, tive Officer, Certified Financial Plan- tax advisors, who generally are not patent the patenting of tax strategies—in S. 23, the ner Board of Standards; Marvin W. Patent Reform Act of 2011, recently approved experts, have the burden to be aware of such Tutle, CAE, Executive Director/CEO, patents, and either provide tax advice that and reported by the Committee. Financial Planning Association; John We agree with the sentiments expressed by complies with the patent holder’s require- Akard Jr., JD, CPA, President, Amer- Sen. Grassley on February 3rd that ‘‘[i]f ments, risk a lawsuit for themselves and ican Association of Attorney-Certified firms or individuals were able to hold pat- their clients, or potentially not provide the Public Accountants; Robert S. McIn- ents for these strategies, some taxpayers most advantageous advice to clients. Not tyre, Director, Citizens for Tax Justice. could face fees simply for complying with surprisingly, these patents create a highly the tax code.’’ Taxpayers should not be burdensome level of cost ultimately borne by Mr. GRASSLEY. Section 14 of the bill, which has been before the Senate forced to choose between paying more tax taxpayers. than they are legally obligated to pay or These patents already affect a myriad of for the last week or more, prevents paying royalties to a third party with a pat- tax planning vehicles, including retirement patenting of tax law. It provides that a ent on a legal method of complying with tax plans, real estate transactions, deferred com- strategy that relies on the tax law to law. Tax strategy patents create higher costs pensation, financial investments, charitable reduce, to avoid, or to defer tax liabil- and produce confusion for taxpayers and giving, and estate planning transfers. We are ity cannot be novel or nonobvious. their advisors. concerned that the U.S. Patent Office may So a strategy for reducing, avoiding, As noted by the AICPA in its letter to you, permit the expansion of these types of pat- tax strategy patents undermine Congres- ents into additional areas broadly affecting or deferring tax liability will be deemed insufficient to differentiate a sional authority, intent, and control of tax average taxpayers. For example, there are policy, and would create inequalities among pending patents that would affect taxpayers’ claimed invention from the prior art taxpayers. No person should hold exclusive ability to create a financial plan for funding for purposes of evaluating an invention rights over how to comply with the Tax college education, utilize incentive programs under section 102 or section 103 of the Code. for health care savings account cards, insure bill that is before us. This ensures that We are a firm with extensive experience in against tax liabilities, and use life insurance taxpayers and their advisers will then the provision of tax advice to clients, and we to generate income. be guaranteed equal access to the tax are a firm that develops its own proprietary As of now, the numbers of tax strategy pat- tax tools, including computer software. We ents have grown to over 130 issued and more laws, and that is obviously the fair way therefore appreciate the proper balance be- than 150 pending. We fear this trend is likely to do it. It is the commonsense way to tween the protection of intellectual property to continue to grow exponentially without do it. rights and the public policy concerns impli- your leadership. Legislation must be passed So I wish to be clear that tax prepa- cated by extending that protection to pat- quickly if we are to provide taxpayers with ration software is not a tax strategy. ents on tax planning. This bill gives proper equal access to all available avenues of fed- Senior policy and examination staff deference to the rights of the taxpayer and eral tax compliance. from the Patent and Trademark Office the already complex requirements of a tax As you know, there is broad, bipartisan, agree that such software is not a tax advisor. We therefore urge inclusion of sec- and growing support for this legislation. In tion 14 by the Senate in the final version of the 111th Congress, Congressmen Rick Bou- strategy. S. 23. cher and Bob Goodlatte introduced H.R. 2584, I also have letters from H&R Block, Respectfully yours, a similar initiative which ended the Con- KPMG LLP, and Grant Thornton that KPMG LLP. gress with 45 cosponsors. That legislation state that the underlying language built off of the passage of comprehensive does not impact their software patents. GRANT THORNTON, patent reform legislation, passed by the Again, I ask unanimous consent to Washington, DC, February 24, 2011. House in the 110th Congress, which included have these letters printed in the Re: Tax strategy patent legislation. its own tax strategy patents provision. In ad- RECORD. Hon. PATRICK J. LEAHY, dition, Senators Baucus and Grassley pre- There being no objection, the mate- Chairman, Committee on the Judiciary, U.S. viously introduced legislation on this topic rial was ordered to be printed in the Senate, Washington, DC. in the 110th Congress, garnering 30 cospon- Hon. CHARLES GRASSLEY, sors, including then-Senator Barack Obama. RECORD, as follows: Ranking Member, Committee on the Judiciary, The National Taxpayer Advocate, Nina H&R BLOCK, U.S. Senate, Washington, DC. Olsen, has also publicly stated her support Washington, DC, February 10, 2011. DEAR GENTLEMEN: I am writing to offer for a legislative solution to this problem. Hon. CHARLES E. GRASSLEY, Grant Thornton’s strong support for the tax Clearly, with such overwhelming support and Ranking Member, Senate Judiciary Committee, strategy patent provision included in the momentum over the last several years, the Dirksen Senate Office Building, Wash- patent reform legislation (S. 23) recently ap- time has come to finally enact this proposal ington, DC. proved by the Senate Judiciary Committee and send it to the President. DEAR RANKING MEMBER GRASSLEY, Our and now poised for full Senate consideration. Thank you again for your leadership on be- company has reviewed the language in Sec- I would like to commend you for your com- half of American taxpayers. Please contact tion 14 of the Patent Reform Act of 2011, now mitment to addressing the problems created

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Patents on tax strategy methods threaten products such as Quicken and As chairman of the Senate Environ- the integrity, fairness, and administration of the tax system, and Grant Thornton believes QuickBooks are not tax strategies, tax ment and Public Works Committee, I resolving this problem must be an essential strategies can be embedded in financial am working with my colleagues on component of any patent reform legislation. management products and software. both sides of the aisle and both sides of Grant Thornton wants to encourage you to The investment banks and the law the Capitol to move forward on a trans- aggressively oppose efforts to remove or firms that have patented tax strategies portation authorization that will put weaken the tax strategy patent provision in often use software that could be people to work, bring our Nation’s S. 23. Tax strategy patents grant private legal deemed financial management soft- highways, bridges, and transit systems parties virtual 20-year monopolies over par- ware. The Tax Adviser article I men- up to a state of good repair, and reduce ticular methods of compliance with U.S. tax tioned earlier and got unanimous con- congestion and its impacts on com- laws. Taxpayers cannot satisfy their legal sent to have printed in the RECORD de- merce and communities. obligations using a patented interpretation scribes some of these. With financial The committee is planning to mark- of the tax code, allowing patent holders to management software, patent claims up a new authorization by spring. How- privatize tax provisions that Congress in- that include inventions that are sever- ever, this extension is necessary in tended for everyone. This makes a uniform application of the U.S. Tax Code impossible, able from tax strategies may be enti- order to give Congress time to enact potentially forcing taxpayers to pay more tled to patent protection, but the tax this authorization. tax than Congress intended and more tax strategy itself will remain available to I have letters from several organiza- than similarly situated taxpayers. Tax strat- all taxpayers. tions who urged Congress to pass H.R. egy patents threaten to undermine public So it is important to protect intellec- 662. These letters were signed by AAA; confidence in the nation’s tax laws, hinder tual property rights for true tax prepa- American Association of State High- compliance, and mislead taxpayers into be- ration and financial management soft- way and Transportation Officials, lieving that a patented strategy has been approved by the IRS solely because a patent ware. However, we must be sure to pro- AASHTO; American Bus Association; was granted. In addition, tax strategy pat- tect the rights of taxpayers to have American Highway Users Alliance; ents increase the costs and burdens of com- equal access to legal tax strategies. American Motorcyclist Association; pliance. Preparers and taxpayers must not I yield the floor, and I suggest the ab- Americans for Transportation Mobil- only determine the proper tax treatment of sence of a quorum. ity, which includes 12 organizations; an item, but also whether that treatment is The PRESIDING OFFICER. The American Trucking Associations; covered by a patent, whether the patent clerk will call the roll. Owner-Operator Independent Drivers might be infringed by properly reporting the The bill clerk proceeded to call the item, and whether the patent is valid. Association; and U.S. Chamber of Com- Grant Thornton believes that no one roll. merce. should have a patent on the application of Mr. LEAHY. Madam President, I ask This broad and diverse coalition com- the law to the facts and that the granting of unanimous consent that the order for posed of businesses, workers, and users tax strategy patents should be prohibited by the quorum call be rescinded. of the highways, recognized the need to legislation. Grant Thornton supports the The PRESIDING OFFICER. Without enact this legislation today. provision in Section 14 of S. 23, which is objection, it is so ordered. Investments in transportation infra- based on the freestanding legislation S. 139. The new provision builds on previous legisla- f structure are an important part of the solution to the serious economic chal- tive efforts that enjoyed wide bipartisan sup- SURFACE TRANSPORTATION lenges we are facing. This is especially port in both chambers. In the 110th Congress, EXTENSION ACT OF 2011 the House passed a patent reform bill that true in the construction industry, would have barred tax strategy patents. Mr. LEAHY. Madam President, I ask which has been hit hard by the eco- The new language in S. 23 would designate unanimous consent that the Senate nomic downturn. According to January any claim on a patent application for a proceed to the immediate consider- data released by the U.S. Bureau of ‘‘strategy for reducing, avoiding, or deferring ation of H.R. 662, the surface transpor- tax liability’’ as indistinguishable from prior Labor Statistics, the construction in- art, and thus preclude applicants from using tation extension bill; that the bill be dustry has an unemployment rate of a tax strategy as the point of novelty. Grant read three times and the Senate pro- over 22 percent. Thornton believes this provision needs to be ceed to a vote on passage of the bill; Not only will this extension of enacted quickly. Over 130 tax strategy pat- and that the motion to reconsider be SAFETEA–LU save jobs in the short ents have already ben approved and more considered made and laid upon the term, an extension through the end of than 150 are currently pending. table, with no intervening action or de- the fiscal year will provide the oppor- Grant Thornton agrees that patents should bate. continue to be available for tax preparation tunity for Congress to enact a new sur- software, so long as the patent does not ex- The PRESIDING OFFICER. The face transportation bill. tend to tax strategies embedded in the soft- clerk will report the bill by title. I am so pleased that my colleagues ware. Grant Thornton believes the bill suffi- The bill clerk read as follows: did the right thing and approved this ciently addresses the serious concerns raised A bill (H.R. 662) to provide an extension of legislation that will save hundreds of by tax strategy patents without infringing Federal-aid highway, highway safety, motor thousands of jobs, improve our nation’s on the rights of others to copyright, trade- carrier safety, transit, and other programs mark or patent software that assists in the infrastructure, and provide a solid funded out of the Highway Trust Fund pend- foundation for economic recovery. implementation of tax planning. ing enactment of a multiyear law reauthor- Grant Thornton is the U.S. member firm of izing such programs. I ask unanimous consent that several Grant Thornton International, one of the six letters be printed in the RECORD. Mrs. BOXER. Madam President, I am global accounting, tax and business advisory There being no objection, the mate- so pleased the Senate has passed H.R. organizations. Through member and cor- rial was ordered to be printed in the respondent firms in over 100 countries, in- 662, the Surface Transportation Exten- RECORD, as follows: cluding 49 offices in the United States, the sion Act of 2011. This legislation pro- partners and employees of Grant Thornton vides a clean extension of Federal sur- FEBRUARY 28, 2011. Hon. GARY L. ACKERMAN, member firms provide personalized attention face transportation programs through and the highest quality service to public and House of Representatives, Rayburn House Office private clients around the globe. the end of the fiscal year. Building, Washington, DC. Sincerely yours, H.R. 662 was passed by the House of DEAR REPRESENTATIVE ACKERMAN: Our or- DAVID B. AUCLAIR, Representatives yesterday by an over- ganizations represent drivers, riders, and Managing Principal, Washington National whelming bipartisan vote of 421–4. This businesses that pay the federal highway user Tax Office. legislation had previously been ap- fees that fund the Highway Trust Fund Mr. GRASSLEY. However, now, in proved by voice vote in the House (HTF). One of our top goals is to ensure that Transportation and Infrastructure user fees are properly dedicated to federal order to allay the concerns of Intuit, programs that improve our nation’s highway makers of Turbo Tax, I have worked Committee. safety and mobility. with Senator BAUCUS to make clear Under this extension, States will re- This year, Congress is expected to consider that tax preparation software such as ceive $23.1 billion for the remainder of a major long-term transportation bill that Turbo Tax is not a tax strategy. fiscal year 2011. This equates to over will reform and streamline federal highway

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programs, adopt new performance standards, vides much needed certainty for the con- AMERICAN ASSOCIATION OF STATE and take steps to ensure that users of the struction industry, states, and localities as HIGHWAY AND TRANSPORTATION system see real value and benefit for their they begin the 2011 construction season. OFFICIALS, investment. We look forward to working SAFETEA–LU expired September 30, 2009, Washington, DC. with you on this critical legislation over the and has since been operating on a series of TO THE MEMBERS OF THE UNITED STATES course of the year. short-term extensions—the latest of which CONGRESS: The American Association of In the interim, Congress must pass an ex- expires at the end of this week. The uncer- State Highway and Transportation Officials tension of the existing authorization act, tainty created by the lack of a multi-year (AASHTO) supports passage of H.R. 662, the SAFETEA–LU. Congressmen Mica, Rahall, federal commitment to improving America’s ‘‘Surface Transportation Extension Act of Duncan, DeFazio, and Hanna, have intro- highway and public transportation facilities 2011,’’ that would extend the Safe, Account- duced H.R. 662, the Surface Transportation is contributing to a slowdown in transpor- able, Flexible, Efficient, Transportation Eq- Extension Act of 2011, which extends current tation development activity in many states. uity Act: A Legacy for Users (SAFETEA–LU) highway funding through the end of the fis- The jobs impact of this situation has rippled as well as expenditure authority for the cal year. Two weeks ago, the bill was re- throughout the economy. Workers at design Highway Trust Fund through the end of FY ported out of the House Transportation & In- and engineering firms, construction compa- 2011. While AASHTO continues to support frastructure Committee by unanimous voice nies, equipment manufacturers, and mate- Congressional efforts to enact a well-funded, vote. rials providers have lost their jobs and even long-term surface transportation bill, the ab- We hope that H.R. 662 will pass unani- more positions are on the line due to uncer- sence of such a bill makes this extension es- mously and we ask for your strong support tainty in federal funding, at a time in which sential to creating and sustaining jobs and when it is considered this week. The exten- the U.S. unemployment rate remains at maintaining America’s transportation infra- sion does not include any funding for ear- record highs. structure. Furthermore, this extension pro- marks and is consistent with the highway Congress must not delay in passing a ro- vides much needed certainty for the con- spending level proposed in the Continuing bust, multi-year highway and transit reau- struction industry, states, and localities as Resolution. Moreover, the Highway Trust thorization in the 112th Congress. While re- they begin the 2011 construction season. Fund has more than enough revenue to fully authorization entails a host of challenging SAFETEA–LU expired September 30, 2009, fund this extension of authority. After H.R. policy and revenue issues, this effort should and has since been operating on a series of 662 is enacted, the continuing resolution on be viewed as a key opportunity to move U.S. short-term extensions—the latest of which appropriations will continue to set a spend- infrastructure into the 21st century, bolster expires at the end of this week. The uncer- ing limit on the various authorized accounts. economic recovery efforts, and improve all tainty created by the lack of a multi-year Failure to enact H.R. 662 would create Americans’ way of life. If local, state, and federal commitment to improving America’s more problems than simply a shutdown of national leaders continue to ignore this im- highway and public transportation facilities government agencies. It would also halt portant issue, commerce will suffer, fatali- will contribute to a slowdown in transpor- highway projects from coast-to-coast be- ties will rise, congestion and pollution with tation development activity in many states. cause contractors would not be able to be re- grow unabated, and the United States will The jobs impact of this situation has rippled imbursed for their work. As highway users, find itself further and further behind its rap- throughout the economy. Workers at design we’d like to see these projects completed on- idly expanding international competitors. and engineering firms, construction compa- time and under budget. To help prevent further job loss and ensure nies, equipment manufacturers, and mate- Thank you for your support. If you have vital transportation investments continue, rials providers have lost their jobs and even any questions about H.R. 662, please do not the ATM Coalition strongly urges you to ex- more positions are on the line due to uncer- hesitate to contact us prior to the vote. tend SAFETEA–LU and expenditure author- tainty in federal funding, at a time in which Sincerely, ity for the Highway Trust Fund through the the U.S. unemployment rate remains at ROBERT L. DARBELNET, end of fiscal year 2011. record highs. President and CEO, Sincerely, Congress must not delay in passing a ro- AAA. AMERICANS FOR TRANSPORTATION MOBILITY. bust, multi-year highway and transit reau- EDWARD MORELAND, thorization in the 112th Congress. While re- Senior Vice President, CHAMBER OF COMMERCE authorization entails a host of challenging Government Rela- OF THE UNITED STATES OF AMERICA, policy and revenue issues, this effort should tions, American Mo- Washington, DC, February 28, 2011. be viewed as a key opportunity to move U.S. TO THE MEMBERS OF THE UNITED STATES torcyclist Associa- infrastructure into the 21st century, bolster CONGRESS: The U.S. Chamber of Commerce, tion. economic recovery efforts, and improve all the world’s largest business federation, rep- PETER J. PANTUSO, Americans’ way of life. If local, state, and resenting the interests of more than three President and CEO, national leaders continue to ignore this im- million businesses and organizations of every American Bus Asso- portant issue, commerce will suffer, fatali- size, sector and region, strongly supports ciation. ties will rise, congestion and pollution with H.R. 662, the ‘‘Surface Transportation Exten- BILL GRAVES, grow unabated, and the United States will sion Act of 2011.’’ President and CEO, The Chamber recognizes that Congress find itself further and further behind its rap- American Trucking needs time to formulate a long-term reau- idly expanding international competitors. To help prevent further job loss and ensure Associations. thorization of the Safe, Accountable, Flexi- GREGORY M. COHEN, ble, Efficient Transportation Equity Act: A vital transportation investments continue, President and CEO, Legacy for Users (SAFETEA–LU reauthor- AASHTO strongly urges you to extend American Highway ization). At the same time, the 2011 construc- SAFETEA–LU and expenditure authority for Users Alliance. tion season is imminent and unemployment the Highway Trust Fund through the end of TODD SPENCER, in the construction sector is at a staggering fiscal year 2011. Executive Vice Presi- 22.5 percent. States, localities, and other Sincerely, dent, Owner-Oper- project sponsors need clarity now regarding JOHN HORSLEY, ator Independent the federal funding commitments for this Executive Director. Drivers Association. construction season. The PRESIDING OFFICER. The An extension shorter than the remainder question is on the third reading and AMERICANS FOR of the fiscal year would delay the job-cre- passage of the bill. TRANSPORTATION MOBILITY, ating capacity, safety, and connectivity The bill (H.R. 662) was ordered to a Washington, DC, February 28, 2011. projects that are needed to address the third reading, was read the third time, TO THE MEMBERS OF THE UNITED STATES transportation challenges that cost our CONGRESS: The Americans for Transpor- economy in wasted fuel, lost productivity, and passed. tation Mobility (ATM) Coalition strongly and delayed shipments of manufacturing in- Mr. LEAHY. Madam President, I urges you to pass H.R. 662, the ‘‘Surface puts, consumer goods, and other items crit- move to reconsider the vote, and I Transportation Extension Act of 2011,’’ that ical to the underlying growth of our busi- move to lay that motion on the table. would extend the Safe, Accountable, Flexi- nesses. The PRESIDING OFFICER. Without ble, Efficient, Transportation Equity Act: A The Chamber urges Congress to approve objection, it is so ordered. Legacy for Users (SAFETEA–LU) as well as H.R. 662 so that agencies and project spon- Mr. LEAHY. I suggest the absence of expenditure authority for the Highway Trust sors can provide highway and public trans- a quorum. Fund through the end of FY2011. While the portation investments during the 2011 con- The PRESIDING OFFICER. The ATM Coalition continues to support Con- struction season that contribute to much- gressional efforts to enact a well-funded, needed economic growth, and support the clerk will call the roll. long-term surface transportation bill, the ab- backbone of business supply chains. The bill clerk proceeded to call the sence of such a bill makes this extension es- Sincerely, roll. sential to creating and sustaining jobs and R. BRUCE JOSTEN, Mr. LEAHY. Madam President, I ask maintaining America’s transportation infra- Executive Vice President, unanimous consent that the order for structure. Furthermore, this extension pro- Government Affairs. the quorum call be rescinded.

VerDate Mar 15 2010 02:30 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.024 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1204 CONGRESSIONAL RECORD — SENATE March 3, 2011 The PRESIDING OFFICER. Without fascinated by the recent appearance of and the Senate, both sides of the aisle, objection, it is so ordered. IBM’s Watson supercomputer on ‘‘Jeop- work toward a longer term CR. I know Mr. LEAHY. Madam President, what ardy.’’ Components used to power Wat- we are working on reductions in spend- is the pending business? son were invented by IBM researchers ing which have to take place to keep f in Vermont, and I am sure those our government in check and keep our Vermonters watched proudly as Wat- country in the place it needs to be, but PATENT REFORM ACT OF 2011— son defeated Jeopardy legends Ken Jen- the work we need to do to fund the gov- Continued nings and Brad Rutter in the recent ernment for the rest of the year is ac- The PRESIDING OFFICER. The man-versus-machine matchup. tually the easy work we are going to be clerk will report the pending business. Modernizing the patent system will facing as it relates to spending. The bill clerk read as follows: help to ensure Vermont inventors will Today, I saw where Vice President A bill (S. 23) to amend title 35, United still be able to compete, not just on a BIDEN has been asked by the White States Code, to provide for patent reform. national stage but in the international House—the President—to take the lead The PRESIDING OFFICER. The Sen- marketplace. on this issue. I take that as a good ator from Vermont. Much has changed since Samuel Hop- sign. I saw Secretary Geithner today. Mr. LEAHY. Madam President, since kins received the first U.S. patent in He is planning on engaging on this this debate began, we have heard a lot 1790, but the need for a flexible and effi- issue. about how the America Invents Act cient patent system has remained con- I urge that we do the work we need to will help unleash the American inven- stant. Inventors from Burlington to do. We all know there are going to be tive spirit. As a matter of personal the Bay Area require the appropriate painful and tough decisions coming. A pride, I point out that Vermonters incentives to invest in the research re- lot of people have been arguing and de- have a long history of innovation and quired to create the next platform bating against spending cuts and are invention, and it is that creative spirit scale or the next Watson computer or talking about the havoc it is going to which has given rise to some inter- the next lifesaving medical device. create for government. I imagine that esting and even revolutionary inven- Over the last 6 years, I have worked Secretary Gates over at the Defense tions. on meaningful, comprehensive patent Department is trying to deal with over- Few people may know that Vermont reform legislation. During that time, I seas operations and trying to deal with is issued the most patents per capita of have kept in mind the tradition of investing in the future, and other agen- any State in the country. Fewer still great Vermont innovators such as cies of government would much rather may know that the first-ever patent Thaddeus Fairbanks and Charles Orvis. see what these cuts are going to be and issued in the United States, which was I was also pleased that we had key Re- plan accordingly versus working on a 2- reviewed by Secretary of State Thomas publicans and Democrats working to- week CR. I am just urging that we do the tough Jefferson and signed by George Wash- gether to get this legislation before the work we have to do. All of us know it ington, was granted to a Vermonter in Senate. 1790. It was Samuel Hopkins of The next generation of Vermonters is will be painful. All of us know we are Pittsford who began the great tradition as eager as the last to show America going to have to prioritize. All of us know there will be a number of con- of American innovation. and the world what they can produce. stituencies around the country that Throughout America’s history, Vermont may be one of the smallest will be less than happy. But for the Vermont has contributed to our eco- States in our Nation, but it is busting good of our country, let’s go ahead and nomic prosperity with inventive ideas. with creativity. The America Invents together, Democrats and Republicans, Thaddeus Fairbanks of St. Johnsbury Act will ensure that the next Samuel Independents and the administration, patented the platform scale in 1830, Hopkins can flourish well into the 21st which revolutionized the way in which work together toward a solution. century. I know the House sent over a con- large objects were weighed. Charles Senator GRASSLEY and I had a couple tinuing resolution bill that takes us Orvis, of Manchester, the founder of of matters we were going to take care through the rest of the year. We have the well-known sporting goods retailer of. I see a distinguished colleague seek- not yet seen what the Democratic ma- Orvis, patented the open fly fishing ing recognition. Before I yield the jority in the Senate might offer. It is reel in 1874. Many other inventions floor, might I ask my friend how much my hope that something is being originated from Vermont in the early time he may need? worked on. I think the American peo- years of America, including an electric Mr. CORKER. I will speak briefly. I ple in the functioning of this govern- motor, an internal combustion engine, apologize. The chairman has done such ment—those who cause this govern- and the paddle wheel steamship. a wonderful job working this bill ment to function—need to know what Today, that innovative Vermont spir- through. I came down earlier, but I those cuts will be, where we are going. it continues. Vermonters have been wasn’t able to speak. Speaking on that note—and I will contributing to the American economy Mr. LEAHY. I will yield so my col- close with this—one of the things most through innovation and invention league can speak, and then the Senator frustrating to me as a Senator who every year. from Iowa will be back, and we can came from the world of business is that Exploring new ways to modify exist- continue with our other business. we never know where we are going. We ing products to limit the environ- The PRESIDING OFFICER. The Sen- debate the current issues. We never mental impact is a quintessentially ator from Tennessee. plan for the future. Vermont idea. Researchers at the Uni- FUNDING THE GOVERNMENT I hope that as a part of all we are versity of Vermont have developed and Mr. CORKER. Madam President, as doing this spring, this incredible oppor- are now seeking a patent for a wood in morning business, I rise to speak on tunity we have in this body to deal finish that releases fewer toxins into another topic that is actually related with the issue of spending, with the the air than standard finishes. They do to us being competitive. issue of deficits, it is my hope that as it by utilizing whey protein instead of I think everybody understands that a part of this, what we will do is pass petroleum. In the State of the Union we had another bipartisan event that a global cap on spending, a comprehen- Address, President Obama noted that just occurred recently where we kept sive cap that takes us from where we advances in green technology will be a government funded, if you will, for an- are today into a place that has been a key driver of our economy in the 21st other couple of weeks beyond the dead- 40-year historic average. Senator century. Vermont inventors have been line that was coming in the next day or MCCASKILL and many others have and will continue to be out in front in so. I applaud the efforts of both sides to joined me in something called the CAP this area. work together to make that happen. Act. It is the type of responsible legis- Computer technology will also be a Speaking of competitiveness, it is lation we need to pass to get our coun- driver of our 21st-century economy. very difficult for a government to func- try back where it needs to be. Vermonters are active in producing the tion having short-term CRs every 2 We know we have a huge spending next generation of this technology as weeks. What I urge, while this work is problem today. There are many expla- well. Viewers across the country were going on on the floor, is that the House nations for that. But as a country, to

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This house in order. type of quality reform, reducing hos- should not be acceptable to us, espe- Let’s deal with these tough issues pital-acquired infections, has already cially given the tools we know we have and solve this problem for this year improved health outcomes and resulted to prevent these infections from hap- and move on to the longer term issues. in significant cost savings. Hospital-ac- pening. I thank the Chair, and I thank the quired infections are a tragic reality of Simply put, we can do better. We can Senator from Vermont. our health care system. Nearly 1 in save more lives. We can improve the I yield the floor. every 20 hospitalized patients in the quality of care people receive and, in Mr. LEAHY. Madam President, I ask United States is affected by a hospital- the process, save billions of dollars in unanimous consent to set aside the acquired infection each year. The most our health care system. The CDC is al- pending amendment. deadly of these infections occurs when ready working to support partnerships The PRESIDING OFFICER. Without a tube inserted into a patient’s vein is between health care providers to more objection, it is so ordered. either not put in properly or not kept broadly implement these now-proven Mr. LEAHY. I ask unanimous con- clean. Bloodstream infections resulting quality reforms. This is a good start. sent to bring up and agree to amend- from these tubes—what are called cen- In my home State, I have very proud- ment No. 132, the Cardin-Landrieu tral line infections—kill as many as 1 ly watched the Rhode Island Intensive amendment. in 4 patients who become infected. Care Unit Collaborative, a partnership The PRESIDING OFFICER. The I suspect, if we sat all the Members of health care stakeholders led by an clerk will report. of the Senate down, there would be organization called the Rhode Island Mr. GRASSLEY. Mr. President, do very few of us who could not identify a Quality Institute, take the lead in im- we report it first and then object or do friend, a loved one, a family member, plementing similar quality reforms to we object even to the reporting of it? I somebody we knew who had been ex- reduce the rate of hospital-acquired in- heard the Presiding Officer say report posed to a hospital-acquired infection. fections in our intensive care units. the amendment. The deaths from hospital-acquired in- Rhode Island is the only State in the The PRESIDING OFFICER. The Sen- fections are not only numerous but country to have 100 percent of its adult ator can object to laying aside the tragic and particularly tragic because intensive care units participating in a pending amendment. they are largely preventable. These are collaborative of this kind, and I com- Mr. GRASSLEY. OK. I object on be- what should be considered a zero event. mend it to any one of my colleagues. It half of Senator COBURN of Oklahoma. Studies have shown that when pro- began years ago in Michigan with the The PRESIDING OFFICER. Objec- viders follow a strict checklist of very Keystone Project and it spread across tion is heard. basic instructions, including things as the country to the Pronovost prin- Mr. LEAHY. Madam President, I ask simple as washing your hands with ciples, and in Rhode Island we have run unanimous consent that we revert to soap, cleaning a patient’s skin with an- with it. It has only been a few years, the pending amendment, which I be- tiseptic, and placing full sterile drapes but the results, much like those re- lieve was the Leahy amendment. over the patient, those rates of hos- ported by the CDC, are eye-opening. I The PRESIDING OFFICER. Is there pital-acquired infection plummet. will quantify this by saying we began objection? Without objection, it is so The CDC’s ‘‘Vital Signs’’ report is with very first-rate hospitals in Rhode ordered. further evidence of how effective these Island. We are in that high-tech North- Mr. LEAHY. Madam President, I sug- guidelines are at reducing and in some east corridor. We are near the Boston gest the absence of a quorum. cases nearly eliminating central line medical centers, so we are starting The PRESIDING OFFICER. The bloodstream infections from intensive from a very high base of care in Rhode clerk will call the roll. care units. The report’s findings show Island hospitals. But even from that The bill clerk proceeded to call the that from 2001 to 2009, State and Fed- good base, the collaborative reported roll. eral efforts to promote and adopt CDC significant improvements in two types Mr. WHITEHOUSE. Mr. President, I guidelines and best practices for pre- of deadly infections: central line blood- ask unanimous consent the order for venting hospital-acquired infections stream infections and pneumonia, the quorum call be rescinded. contributed to a 58-percent decrease in among patients on ventilators. The PRESIDING OFFICER (Mr. the number of central line bloodstream The collaborative estimates from 2007 MANCHIN). Without objection, it is so infections among ICU patients—58 per- to June 2010, just over 7 years, the ef- ordered. cent decrease in just 8 years, from 2001 fort had saved 73 intensive care unit DELIVERY SYSTEM REFORM to 2009. lives—73 lives of intensive care unit pa- Mr. WHITEHOUSE. Mr. President, I A percentage is a fine thing, it is a tients—it eliminated the need for over am here to speak about a report that statistic, but it does not have a lot of 3,200 expensive hospital days, and it was released by the Centers for Disease meat on its bones. What does this 58 saved hospitals, patients, and insurers Control, which I think is instructive percent mean? It represents up to 27,000 $11.5 million. for the American health care system. lives saved, 27,000 families who got This evidence underscores the poten- We are currently in a process of change their loved one home from the hospital tial for similar types of delivery sys- in health care. Changing the way instead of having that terrible con- tem reforms which, by improving the health care is delivered in our country versation with the doctor, explaining quality of care, lower the cost. An is going to take years of hard work, of to them why their loved one passed array of different strategies can lead to experimentation, and of learning. away. If that were not enough, it also these savings, quality reforms such as There are stakeholders on both the represents approximately $1.8 billion in this that avoid errors and adverse con- Federal and State level who are out cost savings to our health care sys- sequences; prevention programs that there right now, working to implement tem—27,000 lives and $1.8 billion saved save lives and money by getting in models of care that increase the coordi- from reductions in just one type of hos- there before the disease takes off; a ro- nation and efficiency with which pital-acquired infection in just one bust health information infrastructure health care is delivered, improve the type of care setting. that allows for safer and better coordi- quality of the care that is delivered, The promising news from the CDC re- nated care between your primary improve the outcomes that patients export is that the steps health care pro- health care provider, your specialists, perience, and control costs—bring viders are taking to prevent this type your imaging place, the laboratory, the down costs. This delivery system re- of infection are working. The bad news hospital where you had to be admitted; form is the real issue of health care re- is, we are not doing enough to reduce payment policies that reward better reform in our time. I emphasize, it is a the occurrence of bloodstream infec- sults, not just more procedures; and, fi- win-win for system—improving the tions in other health care settings. The nally, better administrative efficiency

VerDate Mar 15 2010 02:30 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.064 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1206 CONGRESSIONAL RECORD — SENATE March 3, 2011 so more health care dollars actually go body in the world would know we had of time between the commencement of each to health care instead of being burned failed at if we missed it. That was to post-grant review and the conclusion of that up on bureaucracies and battles over put a man on the Moon within a decade review.’’. who gets paid and all the rest that and bring him home safely. We did not Mr. WHITEHOUSE. Mr. President, it weighs down our health care system. know then how we could do it. We be- is my understanding that this amend- The President’s Council of Economic lieved we could. We are optimists. We ment is agreeable to both sides; there- Advisers noted recently that up to 30 are innovators. fore, I ask for its adoption. percent of health care costs, or about 5 This is a country of innovation and The PRESIDING OFFICER. Without percent of GDP, could be saved without of the ‘‘big idea.’’ By putting that objection, it is so ordered. compromising health outcomes. Five marker out there, President Kennedy The amendment (No. 142) was agreed percent of GDP is around $700 billion. drove what was then a smaller Federal to. Mr. WHITEHOUSE. I yield the floor. Mr. President, $700 billion a year saved bureaucracy toward that goal. I believe The PRESIDING OFFICER. The Sen- through this kind of win-win is a tar- we need an equally specific goal from ator from Vermont is recognized. get worth fighting hard to achieve. I the administration on this front in BUDGET CHOICES agree with the Council’s observation, order to make sure our considerably Mr. SANDERS. Mr. President, as you but from my experience, I think we can larger Federal bureaucracy is fully well know, Congress is now engaged in achieve these savings not just without purposed toward achieving that be- a debate of huge consequence; that is, compromising health outcomes, I think cause the goals are going to be so sig- the budget. The budget of a nation, we can achieve these savings while im- nificant. like the budget of a family, expresses proving health outcomes. I congratulate the CDC on their re- who we are as a people and what our Implementing these reforms and port. I wish to remind my colleagues priorities are. Where you spend your achieving these reforms will not be how valuable this kind of health care money, where you make your invest- easy. It is not just flipping a switch, it reform is. It is not what we yell about ments tells you everything about what is a journey and that journey will have here, but it is out there right now sav- we believe in. turns and it will have obstacles. It is a ing lives and saving money. We need to I am more than aware that this coun- process, as very expert reviewers have encourage it and we need to expand it, try faces a $1.6 trillion deficit and a $14 said, of learning, of experimentation, and the more the administration can trillion national debt. And these are of adaptation. But we have been down put a hard goal out there for itself, the enormously important issues, but they paths such as that before with great quicker we will get where we need to are issues that have to be dealt with in success, and the evidence I presented be, to the great benefit of ourselves as a sensible way, and they are issues that today shows how well it can work in a country and our individual fellow have to be dealt with within a broader health care. American citizens. context. So I urge my colleagues, I urge the I yield the floor. So I think the very first question we administration and State leaders to The PRESIDING OFFICER. The Sen- have to ask is, How did we get to where continue working together in all of ator from Rhode Island. we are today? Is the problem, in fact, these areas to make reforming our (The remarks of Mr. WHITEHOUSE per- that we spend too much money on health care delivery system a priority. taining to the introduction of S. 486 are Head Start and childcare, that we just The future of our health care system printed in today’s RECORD under shower so much on our children, or is and the good health of our constituents ‘‘Statements on Introduced Bills and the converse the truth in that we have and the good health of our country’s Joint Resolutions.’’) the highest rate of childhood poverty fisc all depend on it. AMENDMENT NO. 142 of any major country on Earth? I will conclude by saying something I Mr. WHITEHOUSE. Mr. President, I ask How did we get into the deficit? Well, have said before, which is that I give unanimous consent to set aside the let me tick it off. And when we discuss great credit to the Obama administra- pending amendments and, on behalf of how we got into the deficit situation, tion for working in this area. I believe Senator BINGAMAN, call up amendment the irony here is that those people who our health care reform bill put every No. 142. are yelling loudest about the deficit, possible pilot, experiment program, The PRESIDING OFFICER. Without who are fighting hardest to make sav- and model for testing these different objection, it is so ordered. age and Draconian cuts on basic pro- types of delivery reform systems on the The clerk will report. grams, are precisely the people who led table. Very expert reviewers have The assistant editor of the Daily Di- us to where we are today. looked at it and said: I cannot think of gest read as follows: I voted against the war in Iraq for a number of reasons, one of them being a thing they did not try. Everything is The Senator from Rhode Island [Mr. in there. On top of that, the Obama ad- WHITEHOUSE], for Mr. BINGAMAN, proposes an that it was not paid for. Do you happen ministration has put first-rate people amendment numbered 142. to recall that as we went into the war who really get this side of the equa- Mr. WHITEHOUSE. Mr. President, I in Iraq—which will end up costing us tion, people such as Don Berwick and ask unanimous consent that the read- about $3 trillion by the time we take David Blumenthal, in charge. So a lot ing of the amendment be dispensed care of our last veteran—do you recall of very good things have lined up to with. much discussion about how that war take full advantage of these kinds of The PRESIDING OFFICER. Without was going to be paid for? In fact, do win-win savings. objection, it is so ordered. you remember one word of how that The only thing that I think is miss- The amendment is as follows: war was going to be paid for? I don’t re- ing is that the administration has not member that. I was in the middle of AMENDMENT NO. 142 yet set a hard goal for itself to hit. It that debate. Mr. President, $3 trillion, still talks about bending the health (Purpose: To require the PTO to disclose the and no one said: Oh, we cannot afford length of time between the commencement care cost curve. Well, fine, but that is of each inter partes and post-grant review it. not a measurable goal. and the conclusion of that review) When the crooks on Wall Street, We are coming up on the anniversary On page 50, between lines 2 and 3, insert through their illegal behavior, their of President Kennedy’s pledge to put a the following: reckless behavior, drove this country man on the Moon. Way back then, ‘‘(c) DATA ON LENGTH OF REVIEW.—The Pat- into the recession we are in right now when we feared losing the space race to ent and Trademark Office shall make avail- and they came begging to the Congress the Soviet Union, if the President of able to the public data describing the length for their welfare check of some $800 bil- the United States had said: I am com- of time between the commencement of each lion, do you recall too many of the peo- mitted to bending the curve of the rate inter partes review and the conclusion of ple who voted for that saying: Gee, we of America’s space exploration, that that review.’’. cannot afford to do it. It is going to On page 65, between lines 9 and 10, insert would have been an unmemorable and the following: drive up the deficit. How are we going an ineffective Presidential interven- ‘‘(c) DATA ON LENGTH OF REVIEW.—The Pat- to provide Wall Street with an $800 bil- tion. Instead, President Kennedy put a ent and Trademark Office shall make avail- lion bailout? I don’t recall that discus- hard benchmark out there that every- able to the public data describing the length sion.

VerDate Mar 15 2010 04:07 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.065 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 3, 2011 CONGRESSIONAL RECORD — SENATE S1207 When I was in the House a number of Obama has been very strong on this My point is a pretty simple one. As a years ago, Congress passed an initia- issue. Secretary of HHS Kathleen nation, we have to make some choices. tive from President Bush for a Medi- Sebelius has been very strong on this The top 1 percent today are doing phe- care Part D prescription drug program. issue. It is working. nomenally well. That is a fact. Our I believe seniors must have prescrip- Here is the irony. When we give peo- friends on Wall Street whom we bailed tion drugs, but that legislation, which ple good quality primary health care, out are now making more money than was written by the insurance compa- they don’t have to go to the emergency they did before they caused this reces- nies and the drug companies, was not room. The emergency room costs 10 sion. The top 1 percent now earns about paid for. times more than treatment at a com- 23 percent of all income in America, When our Republican friends fought munity health center. When we open more than the bottom 50 percent. The vigorously for tax breaks for billion- the doors for primary health care, peo- top 1 percent, the richest people in aires, which would result in signifi- ple do not get very sick. They don’t terms of their effective tax rate, what cantly less money coming into the end up in the hospital. Study after they pay is now lower than at any time Treasury, driving up the deficit, do you study shows that when we invest in in memory. So we have the wealthy recall much discussion about how we community health centers, we save the doing phenomenally well, tax rates were going to pay for that? I don’t re- taxpayers money. We save Medicaid going down. We have showered huge call that discussion. money and Medicare money because tax breaks on them. Then we say, to I find it ironic that when we give tax people have access to medical care balance the budget, we have to cut nu- breaks to billionaires, no worry about when they need it. The Republican trition programs for our kids, Social the deficit. When we bail out Wall House wants to cut community health Security Administration, Pell grants, Street, no worry about the deficit. But centers by $1.3 billion, denying 11 mil- Head Start, and many other programs suddenly when we provide childcare to lion Americans the opportunity to re- which millions of people depend upon. The question we as Americans have low-income children who are in des- ceive the health care they need. perate need of help in the midst of a re- In my State—and I am sure all over to decide is, When the rich get richer, cession, suddenly everybody is con- the country—people who are applying do we give them more tax breaks while cerned about the deficit. Frankly, I for disability help, for Social Security the poor get poorer and we cut programs for them? I don’t think, frankly, call that absolute hypocrisy. It is hy- are upset about how long the process that is what the American people want. pocrisy to say we can give tax breaks takes. Our Republican friends want to There was a poll that came out yes- to billionaires and not worry about the make major cuts in the Social Security terday or today. It was an NBC News deficit, but we have to cut back on the Administration, which means that half and Wall Street Journal poll. The ques- needs of working families, the middle a million people are going to find tions dealt with the deficit and how the class, the sick, the poor, and the elder- delays in getting their claims proc- American people think we should go ly. essed. forward in dealing with the deficit. This country, at this particular mo- Everybody in America knows that Here are some interesting results. ment, has to make some very basic de- one of the great problems we face is the When asked what do Americans want cisions. The decision we must make is expense of college. We know hundreds the Federal Government to do to re- whether, in the midst of this horren- of thousands of bright young people duce the deficit, the highest percentage dous recession, when the middle class can’t even afford to go to college. We said it is totally acceptable or mostly is hurting, when poverty is increasing, know that many people are graduating acceptable to impose a surtax on mil- do we go after, as our Republican deeply in debt. One of the accomplish- lionaires to reduce the deficit. Eighty- friends in the House want us to, pro- ments we have managed to bring about one percent of the people said that for grams that are virtually life and death in the last few years is to significantly obvious reasons. The rich are getting for millions and millions of working- expand the Pell grant program so low- richer. Given the choice of asking peo- class and lower income people. and moderate-income families will find ple who are already doing well to pay a I don’t know about West Virginia, it easier to send their children to col- little more in taxes or to cut programs but I can tell my colleagues that in lege. Our Republican friends in the that working families need, the choice Vermont it is very hard for working House have decided, in their wisdom, is not terribly hard. families to get adequate, affordable, that what they want to do is reduce by Seventy-four percent of the Amer- and good-quality childcare, early edu- 17 percent Pell grants, which means ican people believe it is totally accept- cation for their children. It is a major that 9.4 million lower income college able or mostly acceptable to eliminate problem all over the country. Yet our student would lose some or all of their tax credits for the oil and gas industry. Republican friends say we should bal- Pell grants. Here we are, trying to Sixty-eight percent of the public be- ance the budget by cutting Head Start compete with the rest of the world. We lieve it is totally acceptable or mostly $1.1 billion, a 20-percent cut from 2010, are falling, in many cases, further and acceptable to phase out the Bush tax and throwing over 200,000 kids off Head further behind in terms of the percent- cuts for families earning over $250,000 a Start. If you are a working mom who age of our young people graduating col- year. sends her kids to Head Start now, it lege. The costs of college are soaring. What the American people are saying feels pretty good that your kid is get- The Republican solution is to cut the in this poll, and I believe all over the ting a good quality, early childhood major program which makes it easier country, is obvious. Given the choice of education, getting nourishment. They for working families to send their kids decimating programs that working watch these kids for health care prob- to college. families depend upon or asking the lems. We are going to throw over The Community Services Block wealthiest people who have been re- 200,000 kids off Head Start. Grant Program is the infrastructure by ceiving huge amounts of tax breaks to I worked very hard to expand the which we get emergency services, food, start paying their fair share, it ‘‘ain’t’’ community health center program, help to pay for emergency services for a tough answer. The answer the Amer- which I know is so important in West lower income people, housing needs, ican people are saying is: We cannot Virginia and Vermont. The Presiding making sure people keep the elec- move toward a balanced budget just by Officer and I argue about which State tricity on. That would be decimated by cutting, cutting, and cutting. A budget has the greater coverage. It is enor- the Republicans. has two parts. Everybody in America mously important. A few years ago, In the midst of a recession, what understands that. It is the money we about 20 million people accessed the they want to do is to cut $2 billion spend; it is the money that comes in. community health center program. We from the Workforce Investment Act In the case of the U.S. Government, we are now working so that in 5 years 40 and other job training programs when have to address our budget deficit in million Americans will be able to walk we desperately need that job training both ways. We have to raise revenue. in the door, regardless of their income, to make sure our people can get the We do that primarily by asking the get health care, dental care, low-cost jobs that are out there and available. wealthiest to pay a little bit more in prescription drugs, and mental health Often they don’t have the skills to do taxes. Yes, we do have to cut some pro- counseling. It is working. President that. grams. There is waste out there. There

VerDate Mar 15 2010 02:59 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.067 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1208 CONGRESSIONAL RECORD — SENATE March 3, 2011 are programs that can and should be National Association of Manufacturers particularly benefit from the simplicity of cut. That is what we do. We don’t just and by the 21st Century Coalition for the first-inventor-to-file rule and actually cut, cut, cut and then give tax breaks Patent Reform, an industry group that gain patents that they otherwise would for- to the very wealthiest people. has been the leading advocate for the feit. The Senate has, along with our Eliminate the potential prejudice to U.S. bill. They offer a detailed explanation patent inventors arising from the 1994 law friends in the House, the responsibility, of and case for the bill’s shift from the that opened our patent system to foreign-or- the constitutional responsibility of current first-to-invent system to a igin invention date proofs. coming up with a budget. I certainly first-to-file system of establishing pat- Simplify the rules for patent applications hope the President intends to play an ent priority. so they can be processed more rapidly, at re- active role. I hope the President is pre- I ask unanimous consent that the fol- duced cost, and become more effective pat- pared to do the right thing and to un- lowing materials be printed in the ents for investing in new products: Limit ‘‘prior art’’ used to bar a patent derstand that revenue, asking the RECORD. There being no objection, the mate- from issuing to only those disclosures made wealthiest to start paying their fair available to the public before the patent was share of taxes, is one important compo- rial was ordered to be printed in the sought and disclosures in earlier-filed patent nent of how we move forward toward a RECORD, as follows: applications. balanced budget. But if the President [From the Coalition for 21st Century Patent Remove all arcane and subjective tests for chooses not to participate or if the Reform, Mar. 2, 2011] deciding whether to issue a patent. Repeal the ‘‘patent interference’’ provi- President chooses not to take that ave- S. 23 AMERICA INVENTS ACT REQUIRES FIRST- sions that inject delay, cost and uncertainty nue, that does not mean to say that we INVENTOR-TO-FILE PROVISIONS in the Senate should not go forward. I into the patenting process. Any language that dilutes, delays or de- Let members of the public provide patent intend to work as hard as I can to come letes FITF will gut meaningful patent re- examiners with relevant publications and up with a deficit reduction program form. other public documents, before deciding An amendment to dilute, delay or delete which is fair but responsible. Being re- whether a patent can be granted. the first-inventor-to-file provisions of S. 23 sponsible means it includes revenue Keep and apply rigorous standards for would effectively gut the substance of the and not only cuts. There are a whole issuing patents, but assure that they are America Invents Act. The Coalition opposes simple, transparent and objective—making lot of ways to bring in revenue in a fair any such amendment and, were such an patenting rules more predictable. and progressive way. It is not only ask- amendment to pass, we would oppose passage Assure the highest possible quality for pating the wealthiest to pay their fair of the stripped- down bill that would result. ents that have been granted: The first-inventor-to-file provisions cur- share of taxes, it is ending abusive and Permit members of the public to challenge rently in S. 23 form the lynchpin that makes illegal offshore tax shelters. According whether newly issued patents meet each of possible the quality improvements that S. 23 to a number of studies, we will lose $100 the rigorous standards for patenting—and re- promises. The Statement of Administration billion this year because corporations quire the United States Patent and Trade- Policy lays out precisely what is at stake: mark Office to promptly cancel any patents and wealthy individuals are stashing ‘‘By moving the United States to a first-to- that do not. their money in tax havens in the Cay- file system, the bill simplifies the process of Authorize supplemental examination pro- man Islands and in Bermuda. Before we acquiring rights. This essential provision ceedings, before a patent is enforced, to cut nutrition programs for pregnant will reduce legal costs, improve fairness, and allow patent owners to present the USPTO support U.S. innovators seeking to market women, maybe we do away with those with information that may be used to assure their products and services in a global mar- tax havens. the scope of the patent is commensurate ketplace.’’ We have to begin the process of end- with its contribution. ing tax breaks for big oil and gas com- Most of the arguments in opposition to the bill and FITF appear be to decades-old con- Allow the USPTO to set fees for the serv- panies. ExxonMobil, the most profit- tentions that have been fully and persua- ices it performs for processing patent appli- able corporation in the history of the sively rebutted. As one example, the Na- cations sufficient to cover the costs of world, not only paid nothing in Federal tional Research Council of the National promptly completing a high-quality exam- income taxes in 2009, but they received Academies assembled a group of leading pat- ination. a $156 million tax refund from the IRS, ent professionals, economists and academics Make patent lawsuits fair and just for both patent owners and accused infringers. according to their own shareholders re- who spent four years intensely studying these issues and concluded in 2004 that the Limit the ability of a party to recover port. Maybe before we start cutting the false patent marking to the amount of the Social Security Administration or Pell move to FITF represented a necessary change for our patent system to operate fair- party’s actual competitive injuries. grants for college students, we might ly, effectively and efficiently in the 21st cen- want to ask the most profitable cor- tury. S. 23 PROTECTS INVENTORS ONCE THEY poration in America to start paying Without retaining S. 23’s current FITF PUBLICLY DISCLOSE THEIR WORK some Federal income tax. provisions, the bill would no longer provide Protections the 1994 WTO Agreement Took On and on it goes. My point is, now is meaningful patent reform. As an example, Away, S. 23 Puts Back. the moment when we have to do the the new provisions on post-grant review of After inventors publicly disclose their right thing for working families. There patents, an important new mechanism for work, competitors should not be able to take is a lot of pain out there. A lot of peo- assuring patent quality, could no longer be advantage of those disclosures by filing for patents on the disclosed work. ple are hurting. This recession has made to work. Instead of a patent reform bill, what would remain of S. 23 would be es- Once inventors have published on their taken a heavy toll. In the middle of sentially an empty shell. work—or have made it available to the pub- these tough times, we don’t stick a Thus, we could not continue our support lic using any other means—their competitors knife into the people and make it even for passage of S. 23 without the first-inven- should not be able to run off to the USPTO worse. We have to move toward deficit tor-to-file provisions present in the bill. It and seek patents on the work that the inven- reduction. I believe that. But I believe would place us in the unfortunate position of tor has already publicly disclosed. The same we don’t do it on the backs of the sick, opposing moving forward with a bill where goes for permitting a competitor to belat- the elderly, the poor, and the most vul- we have been among the longest, most ar- edly seek a patent on a trivial or obvious dent supporters. variation of what the inventor had earlier nerable. I think we need shared sac- After yesterday’s 97 to 2 vote, it is time to disclosed publicly. This common-sense truth rifice. Some of the wealthiest people move this excellent vehicle for comprehen- should apply even if competitors can lay are going to have to play their part in sive patent reform—in its current form— claim to having themselves done the same deficit reduction as well. through to final Senate passage. work, but elected to keep secret the work Mr. President, on behalf of the ma- that other inventors have publicly disclosed. jority leader, there will be no further S. 23 MEANS NEW IDEAS CREATING NEW PROD- In a word, a competitor seeking a patent rollcall votes today. The next rollcall UCTS CREATING NEW MANUFACTURING JOBS on what such an inventor has already pub- vote is expected on Monday at 5:30 p.m. Let S. 23 Make the Patent System Work lished can be thought of as being akin to Mr. KYL. Mr. President, I rise to sub- for the 21st Century U.S. Economy interloping. The competitor who is spurred Keep the first-inventor-to-file provisions of into action by another inventor’s publication mit for the RECORD some of the mate- S. 23 in the bill to afford all inventors the can be regarded as interfering with the un- rials I have quoted from during the benefits for a more transparent, objective, derstandable and justifiable expectation of Senate’s debate on the first-to-file pro- predictable and simple patent law: inventors who have promptly disclosed their visions of the America Invents Act. The first-inventor-to-file provisions of S. 23 work: they expect that they themselves These materials are produced by the protect independent inventors—they will should be the ones able to secure patents on

VerDate Mar 15 2010 02:59 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.068 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 3, 2011 CONGRESSIONAL RECORD — SENATE S1209 the disclosed work or, by publishing without 1995 when the WTO agreement forced based small entity, for example, is a bar to later seeking patents, that they (as well as changes to U.S. law. anyone else seeking a patent, not only on other members of the public) should remain Under the World Trade Organization agree- the publicly disclosed subject matter, but on free to continue to use what they have pub- ment reached in 1994, the United States was any trivial or obvious variations of it. Simi- licly disclosed. forced to change its patent law to benefit larly, once a U.S. inventor initially files a S. 23 would increase the protection for in- foreign-based entities seeking U.S. patents. patent application (even a provisional one) ventors once they make their inventions This change allowed foreign-based entities to that subsequently forms the basis for a pub- available to the public by cutting off the po- take advantage of their secret activities, un- lished patent application or patent, the same tential for any sort of interloping. S. 23 oper- dertaken outside the United States, in order protections against competitor efforts to ates to solidify an inventor’s ‘‘grace period’’ to establish ‘‘invention dates’’ that could be patent the inventor’s prior-disclosed work that applies after the inventor has published used under U.S. patent law to obtain valid apply. or otherwise made available to the public his patents. Specifically—and for the very first How can Congress accomplish all of this or her work. In brief, under S. 23, interloping time—foreign-based competitors could seek good for the country? Enact S. 23! in any form is prohibited—an inventor who U.S. patents on products that had already Reverse the WTO’s impact, end interloping elects to publish an invention will no longer been publicly disclosed by U.S.-based inven- threats, and protect U.S. inventors. need to have any concern that the publica- tors. The Uruguay Round Agreements Act, tion will spur a competitor into a subsequent which took effect in 1995, implemented this NATIONAL ASSOCIATION patent filing that could preclude the inven- treaty obligation. OF MANUFACTURERS, tor from obtaining a patent or—even worse— Before this change in U.S. patent law, for- March 2, 2011. from continuing to use his or her published eign-based competitors could not use their U.S. SENATE, work. secret activities outside the United States as Washington, DC. S. 23 better protects inventors than does a basis for showing that they had made an DEAR SENATOR: The National Association current U.S. patent law in addressing inter- invention before its publication by a U.S.- of Manufacturers (NAM), the nation’s largest loping—by making the one-year ‘‘grace pe- based inventor. Up until 1995, once a U.S. in- industrial trade association representing riod’’ bulletproof. ventor published information on a new prod- small and large manufacturers in every in- Today, inventors enjoy a one-year ‘‘grace uct or otherwise publicly disclosed an inven- dustrial sector and in all 50 states, urges you period’’ under U.S. patent law. What this tion, foreign-based competitors were barred to oppose amendment 133 offered by Sen. means is that inventors themselves can still from obtaining U.S. patents on the disclosed Dianne Feinstein (D-CA) to S. 23, The Amer- seek patents on their inventions even if they product and any aspect of it, including triv- have made those inventions available to the ica Invents Act. ial and obvious modifications of it. The amendment would remove a key provi- public before seeking any patents on them. S. 23, if enacted, would put foreign-based When inventors file for patents during the sion in S. 23, The America Invents Act, entities back into the position they were in which is strongly supported by manufactur- one-year period after making a public disclo- prior to 1995—once a U.S. inventor publishes sure, their own disclosures are not useable as ers, the creation of a ‘‘first-inventor-to-file’’ or makes any other type of public disclosure system. ‘‘prior art’’ against their patents. of a new product, the ability for a foreign- However, the ‘‘first to invent’’ principle of The NAM supports transitioning the based competitor to then file patent applica- current U.S. patent law makes relying on United States from a ‘‘first-to-invent’’ sys- tions seeking to patent the disclosed product the one-year ‘‘grace period’’ fraught with tem to a ‘‘first-to-file’’ system to eliminate some significant risk. The risk comes from would be totally cut off. unnecessary cost and complexity in the U.S. Congress should act promptly to end the the ability of a competitor who learns of the patent system. Manufacturers large and potential for interloping by foreign-based inventor’s work through the public disclo- small operate in the global marketplace and competitors once U.S.-based inventors have sure to race off to the USPTO and seek a the United States needs to move toward a published on their work. patent for itself on the disclosed invention. system that will provide more patent protec- With each passing year, the percentage of The competitor can interlope in this manner tion around the world for our innovative U.S. patent filings made by foreign-based en- by filing a patent application and alleging member companies. The ‘‘first-to-file’’ provi- tities increases. In 1966, 1 in 5 U.S. patent fil- its own ‘‘date of invention’’ at some point sion currently included in S. 23 achieves this ings was by a foreign-based entity. That before the inventor’s public disclosure was goal. ratio became 1 in 4 in 1969, and 1 in 3 in 1974, made. Thank you for your consideration and your This makes relying on the current ‘‘grace before reaching 1 out of every 2 in 2008. Since support for the ‘‘first-to-file’’ system. period’’ a risky hit or miss. If an inventor 2008, the majority of patent filings in the Sincerely, waits until the end of the one-year ‘‘grace United States came from foreign-based enti- DOROTHY COLEMAN. period’’ to seek a patent on the invention he ties. Given the rapid growth in patent filings by Asian (especially Chinese) inventors, this Mr. COBURN. Mr. President, I want or she made available to the public, an inter- to thank all of the cosponsors who loping competitor, spurred into quickly fil- trend may well accelerate in the decade ing a patent application, may be issued a ahead. joined in support of my amendment, patent before the USPTO acts on the ‘‘grace As foreign-based entities become more so- particularly Senators BOXER and period’’ inventor’s patent application. The phisticated in their use of the U.S. patent GRASSLEY, who recognized the impor- ‘‘grace period’’ inventor may be forced to system, U.S. inventors are put at an ever- tance of this amendment for the proper fight to get into a patent interference greater risk that patenting strategies by foreign-based entities will disadvantage U.S.- functioning of the PTO and for the un- against a competitor’s already-issued patent, derlying legislation. Furthermore, I hoping to get the USPTO to cancel the com- based inventors, either in electing to use the want to thank Chairman LEAHY and petitor’s patent so the inventor’s own patent ‘‘grace period’’ or even when they file for a can be issued. patent before making a public disclosure. Ranking Member GRASSLEY for includ- Interferences are notoriously difficult to How S. 23 operates to protect inventors ing my amendment in the managers’ win for an inventor who is not the ‘‘first to once they make their work public amendment to the patent reform legis- file.’’ The number of situations where some- S. 23 puts an end to any use of ‘‘dates of in- lation. vention’’ in order to determine whether a one other than the first to file for a patent Our Founding Fathers recognized the on an invention actually succeeds in proving U.S. patent is valid or not. In addition, S. 23 strips out of the U.S. patent law any grounds value that intellectual property pro- an earlier invention date are very few and vides to this country and sought to very far between. Indeed, the most recent es- for invalidating a U.S. patent based on any timate is that striking down a competitor’s type of secret activity undertaken by inven- protect innovation as they did physical earlier filed application or patent in a patent tors themselves, such as secret ‘‘offers for property. Article I, section 8 of our interference is less likely than the compet- sale’’ of their inventions before seeking pat- Constitution states ‘‘The Congress itor being struck down by lightning. ents. Finally, it further secures the benefits shall have power . . . to promote the What does S. 23 do about this defect in the of the one-year ‘‘grace period’’ by preventing progress of science and useful arts, by the contemporaneous work of an inventor’s ‘‘grace period’’ under current U.S. patent securing for limited times to authors law? Quite simply, it wholly excises the de- co-workers or research partners from being fect—it will be gone in its entirety. It makes cited as a basis for barring the inventor from and inventors the exclusive right to an inventor’s public disclosure of the inven- obtaining a patent. their respective writings and discov- tor’s own work a bar to anyone thereafter The consequence of placing this collection eries.’’ seeking to patent that work itself, as well as of inventor-friendly features into S. 23 is It is necessary for the Federal Gov- any obvious variations of what the inventor that, once a U.S. inventor publishes or other- ernment to protect and enforce intel- made available to the public. In short, it is wise makes a public disclosure of his or her lectual property rights domestically a complete fix to the risk a competitor will inventions, the potential for interloping is and internationally. Intellectual prop- entirely removed and the ability of the pub- use the inventor’s public disclosure as a spur erty is important to our country, busi- to filing its own patents based on its own licly-disclosing inventor to patent the dis- work. closed invention is fully preserved during a nesses and individual rights holders, S. 23 closes the door to interloping by for- one-year ‘‘grace period.’’ The public disclo- and I believe a strong patent system is eign-based competitors that was opened in sure by U.S. small business or other U.S.- one crucial element in maintaining our

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While I do be- have documented the problems with fee Association, IPO; American Intellec- lieve it is the goal of this patent re- diversion from the PTO, and the dom- tual Property Law Association, form legislation to strengthen and im- ino effect it has on PTO’s efficient op- AIPLA; International Trademark Asso- prove our patent system, I do not be- eration. ciation, INTA; The 21st Century Coali- lieve that such goals are possible with- In 1997, the House Report on the Pat- tion; Coalition for Patent Fairness, out reform to the financial crisis fac- ent and Trademark Office Moderniza- CPF; Innovation Alliance; American ing the patent office. tion Act stated: ‘‘Unfortunately, expe- Bar Association, ABA; U.S. Chamber of My amendment would provide an im- rience has shown us that user fees paid Commerce; Wisconsin Alumni Research mediate solution to this crisis. The into the surcharge account have be- Foundation, WARF; BIO; Intellectual amendment creates a lockbox—a new come a target of opportunity to fund Ventures; National Treasury Employ- revolving fund at the Treasury—where other, unrelated, taxpayer-funded gov- ees Union, NTEU; Intel; and IBM. user fees that are paid to the PTO for ernment programs. The temptation to The PTO cannot effectively manage a patent or a trademark go directly use the surcharge, and thus a signifi- the changes made in this legislation into the revolving fund for PTO to use cant portion of the operating budget of without permanent access to its user to cover its operating expenses. Con- the PTO, has proven increasingly irre- fees. I agree that there are aspects of gress would not have the ability to sistible, to the detriment and sound the patent system that need to be up- take those fees and divert them to functioning of our nation’s patent and dated and modernized to better serve other general revenue purposes. trademark systems . . . this, of course, those that use the PTO, and this bill I do not think everyone in this body has had a debilitating impact on the makes reforms to the current patent understands what it means for the PTO [PTO].’’ system. In fact, one of those changes to be a wholly fee-supported agency. It is disturbing to me, and should be involves giving the PTO fee setting au- PTO does not receive any taxpayer to all Members, that many of the same thority. Section 9 of the bill states funds. PTO receives fees through the practices that this 1997 report notes as that the PTO shall have authority to payment of patent and trademark user those that suffer from lack of con- set or adjust any fee established or fees—fees paid by small inventors, sistent PTO funding still occur today— charged by the office provided that the companies and universities to protect 14 years later. fee amounts are set to recover the esti- their ideas and technology. While those Yet Congress continued to grapple mated cost to the PTO for its activi- that pay these fees expect efficiency with PTO’s funding problem into the ties. This is a great provision to put in and quality from the PTO, they do not early 2000s. In 2003, the House noted in the bill, but it is only one side of the receive it. Because of the current PTO its report on the Patent and Trade- funding story. In fact, providing the funding structure—where PTO user mark Fee Modernization Act that ‘‘by PTO with fee setting authority alone is fees are deposited into the Treasury, denying PTO the ability to spend fee at odds with the way Congress cur- but PTO is then required to ask for an- revenue in the same fiscal year in rently funds the PTO. If I were the nual appropriations—Congress, who which it collects the revenue, an equiv- PTO director, why would I take advan- only has authority over taxpayer alent amount may be appropriated to tage of this provision by increasing funds, maintains control over the user- some other program without exceeding fees to a point where I think they funded PTO. When PTO’s fee income is their budget caps. Although the money would cover my operational costs, greater than what Congress provides is technically available to PTO the fol- when I know that Congress has the via appropriations, we spend the ‘‘ex- lowing year, it has already been ability to take whatever it wants of cess’’ on other general revenue pur- spent.’’ In 2007, I offered a different those increased fees and spend it on poses. As a result, those that pay to version of my current amendment to something other than what I budgeted use the patent system are not receiving patent reform legislation considered by those fees to cover? the quality service they deserve. the Judiciary Committee. My amend- In fact, PTO Director Kappos has spe- It is more than mere coincidence ment passed without opposition. Last cifically commented on fee diversion at that the two major problems at the year, I offered this amendment in the the PTO. During his confirmation hear- PTO, (1) the growing number of Judiciary Committee, and it was tabled ing in 2009, Director Kappos stated in unexamined patent applications or by a vote of 10–9. Yet, in 2008, this body his testimony that the PTO faces many ‘‘backlog,’’ and (2) the increased time adopted by unanimous consent an challenges and one of the most imme- it takes to have a patent application amendment by Senator HATCH to the diate is ‘‘the need for a stable and sus- examined or ‘‘pendency,’’ are the result fiscal year 2009 budget resolution that tainable funding model.’’ In his private of a ‘‘lack of connection between the condemns the diversion of funds from meeting with me prior to his hearing, monies flowing into the agency and the PTO. he discussed his experience as a high- those available for expenditure.’’ In Clearly, for more than a decade, both level manager, officer and counsel at fact, the latest data from the PTO Houses of Congress have recognized IBM. He acknowledged that, despite shows that the patent processing back- that many of the efficiency and oper- the vast knowledge and experience that log is almost 26 months. That is, it ational problems at the PTO could be he can bring to the PTO, he could not takes 26 months for the patent exam- remedied by giving the PTO authority run PTO efficiently without access to iner to even pick up the application to over its own fee collections. However, sustainable funding. take his ‘‘first action.’’ Total overall we have yet to take the responsibility In March 2010, Director Kappos ap- pendency—from filing to final action— to relinquish the control over these peared before the House CJS Appro- is approximately 35 months. The PTO user fees that we think we deserve. In priations Subcommittee and stated the also states the total number of patent fact, in the current arrangement, Con- PTO was likely to collect at least $146 applications pending is over 1.16 mil- gress cannot resist the temptation to million more than its 2010 appropria- lion, with over 718,000 of those waiting take what is not ours and divert it to tion. He was right, and in July 2010, the for a patent examiner to take his first nonpatent related functions. This is es- PTO had to ask for more funds from action. One of the primary reasons for pecially tempting during bad economic Congress in separate legislation, but it these incredibly long waiting periods is times, which we have recently been ex- was only given $129 million. As a re- a lack of resources at the PTO. By pro- periencing. Such an arrangement flies sult, PTO ended up collecting at least viding a permanent end to fee diver- in the face of logic, commonsense $53 million above that amount, which sion, Congress has the ability to con- budgeting and overwhelming support it could not access. tribute greatly to the enhanced effi- from the entire patent industry for In April 2010, Director Kappos made ciency of this agency. providing the PTO with a consistent similar comments at a meeting in This is not the first time Congress source of funding. Ending fee diversion Reno, NV. When discussing the pending has been confronted with its diversion is one of the only areas of 100 percent Senate legislation, Director Kappos of PTO user fees. Since the early 1980s, agreement within an industry that has stated, ‘‘I am going to make USPTO Congress has addressed issues related often been divided on other issues in much better whether we get new legis- to this issue. Beginning in the late this bill. My amendment is supported lation or not . . . There is more than

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But, PTO collected more than Judiciary PTO oversight hearing, ‘‘our of the backlog of appeals at the current what appropriators gave them, and spending authority under the con- rate. It is so overwhelming and it all those fees were diverted to other pur- tinuing funding resolutions and the comes down to the resources you need. poses rather than being returned to lack of a surcharge assessment through It comes down to money.’’ PTO the following year. Without access early March, however, represent fore- In January 2011, Director Kappos ap- to those funds, PTO lost $12 million in gone revenue of approximately $115 peared at a House Judiciary Committee 2007 and $53 million 2010, for a total of million as compared to what was pro- PTO Oversight hearing. He stated, ‘‘un- $65 million. posed in the President’s fiscal year 2011 certainty about funding constrained Second, Congress has engaged in budget request.’’ our ability to hire or allow examiners ‘‘soft diversion’’ of PTO funds through Thus, under the House-proposed CR, to work overtime on pending applica- earmarking PTO fees. From 2005–2010, without a specific provision inserted to tions during the last year.’’ appropriators directed PTO to spend its allow the PTO to collect all of the fees It baffles me that these comments user fees on specific, earmarked items it collects, PTO will not be able to ac- have not been heeded by Congress. Di- in appropriations bills totaling over $29 cess its future fee collections. My rector Kappos believes much progress million. Such items included: $20 mil- amendment would solve this problem can be made without legislation as lion for ‘‘initiatives to protect U.S. in- of constantly using time and resources long as there is a sustainable funding tellectual property overseas;’’ $1.75 at both the PTO and Congress to en- model. million for the National Intellectual sure the PTO receives the funding it Similar words appear in the House Property Law Enforcement Coordina- deserves and does not suffer from Report on the 2003 Patent and Trade- tion Council, NIPLECC; $8 million for Congress’s inability to properly fund mark Fee Modernization Act: ‘‘While PTO to participate in a cooperative the government. the agency has demonstrated a com- with a nonprofit to conduct policy As the above problems show, even mitment to embrace top-to-bottom re- studies on the activities of the UN and without direct diversion, PTO still form consistent with congressional other international organizations, as faces the possibility of having its fees mandates, it is equally clear that PTO well as conferences. While we all agree diverted by other means. Thus, while I requires additional revenue to imple- it is important to protect intellectual recognize that some effort has been made by Congress, it is no consolation ment these changes.’’ Yet, our PTO di- property rights abroad, PTO should be to me or to the PTO Director that, in rector, who has incredible plans for able to have discretion to decide how recent years, appropriators have ‘‘re- this agency, cannot accomplish those much of its budget should be directed strained’’ themselves and provided the due to revenue shortfalls that have for those purposes. PTO with all of the fees that it col- plagued the agency for decades—a Third, the PTO faces a huge backlog lected. ‘‘But, such recent restraint does problem Congress has the ability to of unexamined patents, as well as an enormous patent pendency problem for not guard against future diversion.’’ permanently fix. In 2007, the American Intellectual Congress has not ended its diversion those applications already being proc- Property Law Association stated in a of fees from the PTO. essed. Fee diversion from the PTO has letter to House Speaker NANCY PELOSI, On a regular basis, from 1992 to 2004, exacerbated these waiting periods ‘‘there is nothing to prevent the dev- the amount Congress ‘‘allowed’’ the through a congressional Ponzi-scheme. astating practice of fee diversion from PTO to keep via appropriations was Even if we were to accept that fee di- returning . . . While everyone wishes less than the fees PTO collected. At the version stopped in 2005, CBO states that for a more rapid recovery by the Office, height of this problem in 1998, Congress approximately $750 million was di- it must be remembered that the cur- withheld $200 million from the PTO and verted from 1992–2007. With the addi- rent situation is the result of a 12 year diverted it to other general revenue tion of the $53 million diverted last starvation funding diet. It will take purposes. As recently as 2004, Congress year, the PTO has lost over $800 mil- permanent, continued full funding of diverted $100 million from the PTO, in lion due to fee diversion. Thus, PTO the USPTO . . . to overcome these 2007, it was $12 million, and in 2010, it has been constantly trying to recover challenges.’’ was $53 million. In total, since 1992, from years of a ‘‘starvation funding An amendment to permanently end Congress has diverted more than $800 diet.’’ fee diversion is the only effective rem- million that the PTO will never be able So, when the PTO presents a budget edy. The only true solution to the to recover. of what it needs to process applications problem of PTO fee diversion that will Now, beyond the concern that appro- in the next 1-year period, that money give solace to those in the patent com- priators have with relinquishing con- is actually going towards processing munity and to the PTO Director is a trol over PTO funding, some might say applications sitting in the backlog. As permanent end to fee diversion so the that the practice of fee diversion has a result, Congress is really not pro- PTO can effectively and efficiently ended in recent years, making this viding PTO with what it needs for the budget for its future operational needs. amendment unnecessary. Under public year in which it receives appropria- The President’s fiscal year 2012 Budg- pressure from numerous sectors of the tions. Rather, it is giving short-shrift et also supports a sustainable funding American innovation industry, in 2005 to the current year’s needs because model for the PTO. It states, ‘‘another and 2006 and 2008 and 2009, it is true PTO must apply its fees not to the in- immediate priority is to implement a Congress gave PTO all of the funds it ventor who submitted his application sustainable funding model that will estimated in its budget request. So, this year, but to those who paid and allow the agency to manage fluctua- some argue that no permanent solution submitted applications years ago. tions in filings and revenues while sus- to PTO fee diversion is necessary be- Lack of funding is exacerbated under taining operations on a multi-year cause of Congress’s proven restraint. a continuing resolution. In fact, PTO’s basis. A sustainable funding model in- However, it is not entirely true that lack of access to its user fees is further cludes: (1) ensuring access to fee collec- all fee diversion has ended. First, it is amplified in a year with a continuing tions to support the agency’s objec- inaccurate to say there has been no fee resolution, such as this fiscal year. tives; [and] (2) instituting an interim diversion since 2004. According to the Under this CR, the PTO can only spend patent fee increase. . . .’’ PTO, $12 million was diverted in 2007, at the level given to it by the Appro- In fact, as I stated earlier, in 2008, and $53 million in 2010—a type of diver- priations Committee in 2010, which is this body approved, by unanimous con- sion slightly different from the past. approximately $1.5 million per day less sent, an amendment to the 2009 budget From 1992–2004, PTO provided an esti- than the President’s fiscal year 2011 resolution by Senator HATCH that con- mate of its fees, but appropriators di- budget request. demns the diversion of funds from the

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As chairman including any statute, rule, regulation, reform without ending fee diversion of the Senate Finance Committee, I am or ordinance that levies, imposes, or and providing the PTO with a perma- concerned by the growth in the number assesses such tax liability. nent, consistent source of funding, of patents that have been sought and Generally, tax strategies rely on tax which is why I believe very strongly issued for tax strategies for reducing, law to produce the desired outcome; that this amendment should be adopt- avoiding, or deferring a taxpayer’s tax that is, the reduction, avoidance, or deed. As my colleague Senator HATCH so liability. Section 14 of S. 23 would pre- ferral of tax liability. Tax law can in- effectively stated in Judiciary Com- vent the granting of patents on these clude regulations or other guidance, as mittee markup this year, ‘‘fee diver- tax strategies so that the Internal Rev- well as interpretations and applica- sion is nothing less than a tax on inno- enue Code can be applied uniformly tions thereof. Inventions subject to vation.’’ while balancing the critical need to this provision would include, for exam- Finally, I would like to point out protect intellectual property. ple, those especially suitable for use that nothing in this amendment allows Let me explain. Our Federal tax sys- with tax-favored structures that must the PTO to escape congressional over- tem relies on the voluntary compliance meet certain requirements, such as em- sight and accountability. You have all of millions of taxpayers. In order for ployee benefit plans, deferred com- heard me talk about the need for more the system to work, the rules must be pensation arrangements, tax-exempt transparency in all areas of our govern- applied in a fair and uniform manner. organizations, or any other entities or ment, and this is no exception. Enact- To that end, everyone has the right to transactions that must be structured ing this amendment will not put the arrange financial affairs so as to pay or operated in a particular manner to PTO on ‘‘auto-pilot’’ or reduce over- the minimum amount legally required obtain certain tax consequences. The sight of PTO operations. In fact, the under the Internal Revenue Code. provision applies whether the effect of amendment requires extensive trans- Patents granted on tax strategies an invention is to aid in satisfying the parency and accountability from the take away this right and undermine qualification requirements for the de- PTO, giving Congress plenty of oppor- the integrity and fairness of the tax sired tax-favored entity status, to take tunities to conduct vigorous oversight. system. These patents have been on advantage of the specific tax benefits My amendment provides four dif- ideas as simple as funding a certain offered in a tax-favored structure, or to ferent methods by which Congress will type of tax-favored trust with a spe- allow for tax reduction, avoidance, or hold PTO accountable: (1) an annual re- cific type of financial product or calcu- deferral not otherwise automatically port, (2) an annual spending plan to be lating the ways to minimize the tax available to such entity or structure. submitted to the Appropriations Com- burden of converting to an alternative Inventions can serve multiple pur- mittees of both Houses, (3) an inde- retirement plan. Rather than allowing poses. In many cases, however, the tax pendent audit, and (4) an annual budget these tax planning approaches to be strategy will be inseparable from any to be submitted to the President each available to everyone, these patents other aspect of the invention. For ex- year during the budget cycle. Further- give the holder the exclusive right to ample, a structured financial instru- more, nothing in this amendment exclude others from the transaction or ment or arrangement that reduces the changes the current jurisdiction of any financial arrangement. As a result, after-tax cost of raising capital or pro- congressional committee, Appropria- they place taxpayers in the undesirable viding employee benefits is within the tions or Judiciary, to call PTO before position of having to choose between scope of the provision, even if such in- it to demand information, answers and accountability. In fact, it has the po- paying more than legally required in strument or arrangement has utility to tential to yield more information to taxes or paying a royalty to a third issuers, investors, or other users that is Congress via the four reporting re- party for use of a tax planning inven- independent of the tax benefit con- quirements than provided by other tion that reduces those taxes. sequences. No taxpayer should be pre- The patentability of tax strategies agencies. cluded from using such an instrument This amendment is not about author- also adds another layer of complexity or arrangement to obtain any reduc- izers versus appropriators, but rather to the tax laws by requiring taxpayers tion, avoidance, or deferral of tax that it is about giving the PTO and its very or their advisors to conduct patent attends it. capable and experienced director the searches and exposing them to poten- At the same time, there may be situ- opportunity to improve the agency and tial patent infringement suits. And, in ations in which some aspects of an in- provided top-notch service to PTO ap- situations where a patent is obtained vention are separable from the tax plicants. It is also about making over- on a tax shelter designed to illegally strategy. For example, a patent appli- sight of the PTO a priority for all com- evade taxes, the fact that a patent was cation may contain multiple claims. In mittees of jurisdiction. It is about granted may mislead unknowing tax- this case, any claim that encompasses stimulating our economy because when payers into believing that the strategy a tax strategy will be subject to the the PTO is fully funded, patents are ac- is valid under the tax law. provision and the novelty or non- tually granted, which creates jobs in Section 14 of S. 23 addresses these obviousness of the tax strategy will be new companies and in the development concerns by providing that any strat- deemed insufficient to differentiate and marketing of innovative new prod- egy for reducing, avoiding, or deterring that claim from the prior art. However, ucts. It is about fulfilling our responsi- tax liability, whether known or un- any other claim that does not involve a bility to ensure efficiency, account- known by anyone other than the inven- tax strategy would not be subject to ability and transparency in our govern- tor at the time of the invention or ap- the provision. In such a case, if the in- ment so that we reduce our deficit and plication for patent, will be deemed invention includes claims that are sepa- provide our grandchildren relief from sufficient to differentiate a claimed in- rable from the tax strategy, such the immense financial burden they cur- vention from the prior art for purposes claims could, if otherwise enforceable, rently bear. of evaluating an invention under sec- be enforced. Thus, to truly reform the patent sys- tion 102 or under section 103 of the Pat- The mere fact that any computations tem in this country, more than any ent Act. Applicants will not be able to necessary to implement an invention legislation, it is necessary for the PTO rely on the novelty or nonobviousness that is a strategy for reducing, avoid- to be able to permanently and consist- of a tax strategy embodied in their ing, or deferring tax liability are done ently access the user fees—not tax- claims in order to distinguish their on a computer, or that the invention is payer funds—it collects. Therefore, I claims from prior art. The ability to claimed as computer implemented, urge my colleagues to support this interpret the tax law and implement does not exclude the strategy from the amendment. such interpretations remains in the provision. In such a case, the claims, if Mr. BAUCUS. Mr. President, I want public domain, available to all tax- separable from the tax strategy, would to take a few minutes to explain in de- payers and their advisers. be evaluated under sections 102 and 103

VerDate Mar 15 2010 02:59 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.054 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 3, 2011 CONGRESSIONAL RECORD — SENATE S1213 without regard to the tax strategy. If CLOTURE MOTION integrity, service to others, determina- those nontax related and separable We, the undersigned Senators, in accord- tion, and an undying sense of patriot- claims still met the requirements for ance with the provisions of rule XXII of the ism. Since Buck’s family didn’t have patentability, a patent would issue, but Standing Rules of the Senate, hereby move much money growing up, he learned at not on the tax strategy. to bring to a close debate on S. 23, the Amer- a young age to live within his means The provision is not intended to deny ica Invents Act. and to place little value on worldly Harry Reid, Patrick J. Leahy, Debbie possessions. ‘‘My father didn’t have a patent protection for inventions that Stabenow, John F. Kerry, Jeanne do not comprise or include a business Shaheen, Christopher A. Coons, Tom lot of worldly goods,’’ Buck once said, method. For example, an otherwise Harkin, Mark Begich, Jeff Bingaman, ‘‘but he was a rich man in character.’’ valid patent on a process to distill eth- Al Franken, Kay R. Hagan, Michael F. I know I speak for many when I say anol would not violate the rule set Bennet, Richard Blumenthal, Sheldon that Buck, first and foremost, was also forth in this provision merely because Whitehouse, Amy Klobuchar, Bill Nel- a man rich in character. a tax credit for the production of eth- son, Benjamin L. Cardin, Richard J. Buck was also a patriot of the high- anol for use as a fuel may be available. Durbin. est order. Having served in the U.S. Similarly, the mere fact that imple- Mr. REID. Mr. President, I ask unan- Army during the Korean war, he fought mentation of an otherwise patentable imous consent that the vote on the mo- for 2 years on the Korean Peninsula and earned, among other decorations, invention could result in reduced con- tion to invoke cloture occur imme- the Combat Infantry Badge, the Presi- sumption of products subject to an ex- diately upon disposition of the judicial dential Unit Citation, two Silver Stars, cise tax would not make the invention nominations in executive session on and two Purple Hearts. Wounded mul- subject to this provision. Monday, March 7; further, that the tiple times, Buck never faltered and The provision is also not intended to mandatory quorum under rule XXII be waived. steadfastly manned his post, whether deny patent protection for tax return in a frontline foxhole or as a heavy preparation software that is used sole- The PRESIDING OFFICER. Without objection, it is so ordered. weapons trainer for new recruits. In ly for preparing a tax or information light of his outstanding service, Buck return or other tax filing, including f was even offered a battlefield commis- one that records, transmits, transfers, MORNING BUSINESS sion. Though he chose not to accept or organizes data related to such filing. Mr. REID. Mr. President, I ask unan- the commission, Buck returned home Similar to the review of computer-im- and remained an active member in a plemented strategies, such software imous consent that the Senate proceed to a period of morning business, with number of veterans’ organizations, like would still be entitled to patent protec- the American Legion and the Veterans tion to the extent otherwise patent- Senators permitted to speak therein for up to 10 minutes each. of Foreign Wars, for the rest of his life. able. Such patents, however, could not Never forgetting the country that he preclude non-users of such software The PRESIDING OFFICER. Without objection, it is so ordered. fought to protect, he raised—every from implementing any tax strategy. morning—an American flag in his front No inference is intended as to whether f yard. any software is entitled under present RECOGNIZING THE GOVERNMENT As you can guess, Buck’s dedication law to patent protection as distinct PRINTING OFFICE to others and stalwart work ethic con- from copyright protection. Nor is an tinued long after his military service Mr. REID. Mr. President, I rise today inference intended as to whether any ended. For 25 years, he worked at the to recognize the Government Printing particular strategy for reducing, avoid- McCrate Equipment store in Office, GPO, on the occasion of its ing, or deferring tax liability is other- Caruthersville, MO, and retired as the 150th anniversary. GPO opened its wise patentable under present law. general manager. As a member and doors on March 4, 1861, the same day In general, the U.S. Patent and former deacon at First Baptist Church, President Abraham Lincoln took the Trademark Office may seek advice and Buck helped sustain a thriving con- oath of office. Since then GPO has used assistance from Treasury and the IRS gregation, and he also took on a num- ever changing technologies to produce to better recognize tax strategies. Such ber of leadership roles in the local Ma- and deliver government information consultation should help ensure that sonic Lodge and Kiwanis Club. His ex- for Congress, Federal agencies, and the patents do not infringe on the ability tensive community involvement public. GPO plays a vital role in proof others to interpret the tax law and earned him the Pioneer Heritage viding the printed and electronic docu- that implementing such interpreta- Award from the Pemiscot County His- ments necessary for Congress to con- tions remains in the public domain, torical Society and recognition by the duct its legislative business. available to all taxpayers and their ad- Missouri State Legislature for his en- I ask my colleagues to join me in visors. during impact in southeast Missouri. congratulating the GPO on its 150th The practical result of this provision But even with all of these commit- anniversary. is that no one can be granted an exclu- ments, Buck always had time for fam- sive right to utilize a tax strategy. The f ily. He and his wife Patsy Malin Ferrell provision is intended to provide equal REMEMBERING LEONARD TRUMAN raised four wonderful children, were access to tax strategies. ‘‘BUCK’’ FERRELL the beloved grandparents to four I yield the floor and suggest the ab- grandchildren, and one great-grand- Mrs. MCCASKILL. Mr. President, sence of a quorum. daughter. In fact, I can personally at- today I pay tribute to a patriot, a busi- test to the great job the Ferrells did The PRESIDING OFFICER (Mr. nessman, a loyal father, and an Amer- FRANKEN). The clerk will call the roll. with their children—their talented ican hero. Though Leonard Truman daughter Christy is currently an in- The assistant legislative clerk pro- Ferrell—‘‘Buck’’ to his many family ceeded to call the roll. valuable member of my staff and is and friends—was laid to rest at Arling- seated along with many other members Mr. REID. Mr. President, I ask unan- ton Cemetery this morning, I know of the Ferrell family, in the gallery imous consent that the order for the that his legacy lives on in the commu- today. My prayers are with them all in quorum call be rescinded. nity that he helped build, the family this time of loss. The PRESIDING OFFICER. Without that he nurtured, and the soldiers with Mr. President, I ask today that my objection, it is so ordered. whom he served. Today I would like to fellow Senators join me in recognizing CLOTURE MOTION take a few moments to honor Buck’s Buck Ferrell, not only because he was Mr. REID. Mr. President, I have a life and the contributions he made to a great Missourian, but also because he cloture motion at the desk. his community. embodied the true American values The PRESIDING OFFICER. The clo- Born and raised in southeast Mis- that have cemented American society ture motion having been presented souri, Buck was imbued from an early for generations. Buck worked hard, under rule XXII, the Chair directs the age with those quintessential Amer- served God, fought for his country, and clerk to read the motion. ican values so prevalent among the loved his family. In short, he lived a The legislative clerk read as follows: members of the Greatest Generation: life worth living.

VerDate Mar 15 2010 02:59 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.005 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1214 CONGRESSIONAL RECORD — SENATE March 3, 2011 100TH ANNIVERSARY OF appointed in the political process that and debt were freezing capital. We had THEODORE ROOSEVELT DAM has put us in this position and my pa- to send a signal to the market that we Mr. KYL. Mr. President, the story of tience is nearly exhausted with yet an- were capable of being fiscally respon- human settlement in Arizona is in other short-term solution and band-aid sible. We did just that and as a result many respects the story of the extraor- approach. A 2-week extension that we saw the longest economic expansion dinary efforts people have made to har- merely defers tough decisions on fund- in history, created over 22 million jobs, ness water supplies for their use and ing the fiscal year that started more and generated unprecedented wealth in benefit. Early Arizonans were keenly than 5 months ago is hardly progress. A America, with every income bracket rising. But we did it by making tough aware of the importance of the State’s 2-week extension is preferable to a gov- choices. The Clinton economic plan many rivers. Recognizing the immense ernment shutdown, but it does not pro- committed the country to a path of power and unpredictability of those vide the certainty that is needed. The discipline that helped unleash the pro- river flows, settlers devised an ambi- American people deserve better than a ductive potential of the American peo- tious water system known as the Salt stalled process which delays important ple. We invested in the workforce, in River Project, SRP. The keystone of decisions of how we can reduce our research, in development. We helped their efforts, the Theodore Roosevelt Federal budget deficit while maintain- new industries. Then, working with Re- Dam, celebrates its centennial this ing our important investments in in- publicans, we came up with a budget month. frastructure, research, education, technology, and clean energy which will re- framework that put our nation on More than a century ago, Arizonans track to be debt free by 2012 for the understood that water reclamation is sult in new jobs and will bolster our long-term competitiveness. first time since Andrew Jackson’s ad- crucial to life in the Salt River Valley. ministration. Arizona farmers organized to lobby the The American people deserve a serious dialogue and adult conversation How we got off track is a story that U.S. Congress for a Federal reclama- doesn’t require retelling. But the truth tion law that would throw the weight within the Congress about our fiscal situation, discretionary spending, enti- of how we generated the 1990s economic of the Federal Government behind boom does need to be told. We didn’t local projects. Together with the vision tlements, and revenues. We need to work towards a long-term solution to just cut our way to a balanced budget; of President Theodore Roosevelt and we grew our way there. The question the persuasive power of private citi- reduce both our current budget deficit and our staggering debt. We will need now is, What are the tough decisions zens, Congress passed the National we are going to make today? What are Reclamation Act in 1902. The Salt to reduce Federal spending and make appropriate changes to our entitlement the issues we are going to wrestle with River Valley Water Users’ Association together at a moment of enormous was incorporated the following year. programs to meet the fiscal challenges facing our country. To do this appro- challenge? SRP was the first major undertaking This process cannot be done in two priately, everything—revenue, tax re- authorized by the National Reclama- weeks, but it should have already form, spending and entitlements— tion Act, and Roosevelt Dam was a begun—and it needs to begin today. critical component of SRP’s develop- needs to be on the table. As we make these difficult decisions, The American people deserve no less. ment. Upon its completion on March we must keep in mind that this cannot f 18, 1911, the Roosevelt Dam was the be done by just eliminating programs largest masonry structure in the world. THANKING THE PEOPLE OF which protect vulnerable citizens or The dam captured the Salt River’s AUSTRALIA simply by increasing taxes on our flows, providing a secure water supply, Mr. LIEBERMAN. Mr. President, on wealthiest citizens. Instead, we must flood control, and irrigation to commu- the morning of March 7, the Prime find a way to share the sacrifices nec- nities in central Arizona. In addition to Minister of Australia, Julia Gillard, essary to bring our budget into balance water management, the Roosevelt Dam will take the stage in front of the Lin- over the long-term while continuing to generated power for mining, agri- coln Memorial to announce a $3 million invest in scientific and medical re- culture, and Arizona’s growing popu- donation on behalf of the Australian search, education, infrastructure and lation. Government to the Vietnam Veterans energy that will help create new indus- Today, economic growth in the re- Memorial Fund to help build the Edu- tries and jobs in the future. cation Center at the Vietnam Wall. gion continues to depend on Roosevelt I want to be crystal clear about what Dam and its ability to provide a reli- This generous contribution is a testa- is wrong with today’s dialogue. For the ment to the strength of the United able water storage and delivery sys- last months we have heard the sound tem, as well as power. The dam is still States’ relationship with the Aus- bites. We have heard elected officials tralian people and is critical to our in operation and provides 70 percent of say they are for small government, the surface water available to SRP continuing efforts to honor the men lower taxes, and more freedom. But and women who served in Vietnam. water shareholders and customers in what do they really mean? and around Phoenix. While SRP’s mis- As one who strongly supported legis- Do they want a government too lim- lation to establish the Education Cen- sion has evolved with Arizona’s popu- ited to have invented the Internet, now lation growth, its core function has re- ter, I want to recognize and commend a vital part of our commerce and com- the Prime Minister, the legislature and mained constant to provide a sustain- munications? A government too small able water resource for central Ari- the Australian people for their deep to give America’s auto industry and all commitment to helping it come to fru- zona. its workers a second chance to fight for As Arizona continues to develop, we ition. Australian soldiers made terrible their survival? Taxes too low to invest sacrifices during the Vietnam war. will need the same foresight and entre- in the research that creates jobs and More than 500 Australian servicemen preneurial spirit to serve the water industries and fills the Treasury with lost their lives, andsome 3,000 were needs of a new generation of Arizonans. the revenue that educates our children, wounded, injured, or struck ill. Mr. President, that is why today I cures disease, and defends our country? For years, Australia has been a honor those who made SRP and the We have to get past slogans and sound steadfast ally and friend of the United Roosevelt Dam a reality 100 years ago. bites, reason together, and talk in real States. Besides Vietnam, Australian f terms about how America can do its soldiers fought alongside Americans best. during many of our struggles in the THE CONTINUING RESOLUTION If we are going to balance the budget 20th century, including World War I, Mr. KERRY. Mr. President, I voted in and create jobs, we can’t pretend that World War II, the Korean war, and favor of the continuing resolution to we can do it by just eliminating ear- more recently in Iraq. Currently, over keep our government and all its essen- marks and government waste. We have 1500 Australian troops are fighting tial services open and operating for the to look at the plain facts of how we did alongside our Armed Forces in Afghan- next 2 weeks. I cast this vote because I it before, and by the way, you don’t istan, working to train Afghan troops. believe a government shutdown is in no have to look far. In the early 1990s, our The Vietnam Veterans Memorial one’s interests, but I am deeply dis- economy was faltering because deficits bears the names of the more than 58,000

VerDate Mar 15 2010 02:59 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.006 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 3, 2011 CONGRESSIONAL RECORD — SENATE S1215 brave men and women who gave their unique. Because we like each other. We structured higher education in West lives in service to our great country work together.’’ Virginia, it was reestablished as a re- during the Vietnam war. It is a memo- By working together, the teachers at gional campus of West Virginia Univer- rial, built by the American people, de- Fort Lupton created Power Hour, giv- sity. signed to ensure that names of those ing students time to do their home- Today, West Virginia University at who made the ultimate sacrifice would work while teachers are available to Parkersburg is a WVU-affiliated insti- never be lost to history. assist. And it is not just teachers work- tution, and is the only community col- By telling the stories of the men and ing together. Students are taking own- lege in West Virginia accredited to women who fought and died in Viet- ership of their education and helping offer bachelor’s degrees. Growing from nam, the Education Center will help one another succeed. Through the pro- its modest beginnings with 104 stu- visitors understand their courage, sac- gram ‘‘Where Everybody Belongs,’’ dents, the commuter campus now has rifice and devotion. Fort Lupton eighth graders serve as more than 4,500 area residents enrolled And through interactive exhibits and mentors for incoming sixth graders, so in classes, making it the fourth-largest primary source materials, visitors will they adjust to their new school and public college in West Virginia. be able to better understand the pro- surroundings and are better equipped Its students are a blend of traditional found impact the Vietnam war had on for success. and nontraditional students pursuing their family members, their home Programs like these help lay the more than 40 programs of study. Most towns, their communities and the Na- groundwork for student success, and are the first in their family to attend tion. Visitors will understand the im- they have built a sense of pride and college. Many juggle classes, work, and portance of The Wall and the role it community at Fort Lupton Middle often families as well. They may ‘‘stop continues to play in healing the School. These kids are excited and out,’’ and later return. Throughout the wounds left by the war. eager to learn, and they are setting a campus, you can see pride in pursuing The Vietnam Memorial has always wonderful example for their peers the dream and the reality of com- been profoundly meaningful to me, across the state of Colorado and the pleting a college degree. And, throughout its growth and both as a moving way to honor those country. many changes, the college has stayed who died and a remarkably effective As we continue to push forward to do true to its mission and reinvented means of healing the terrible national the important work of improving pub- itself to serve changing educational wounds from that war. The Education lic education and make sure our public needs and deliver workforce-ready Center will be an important com- schools prepare our kids to be leaders graduates prepared to excel in a global in the 21st century economy, we must plement for both of those efforts. I economy. As it marks its 50th anniver- continue to listen to the voices, ideas hope to continue to play a role in mak- sary, West Virginia University at Par- and aspirations of principals, parents ing the Education Center a reality and kersburg remains committed to serving and students, like those at Fort look forward to the day that the the Mid-Ohio Valley region as an acces- Lupton Middle School. United States can share the rich sto- sible, student-centered learning com- I join all members of the Fort Lupton ries there with all visitors. When that munity that is recognized as an excep- community and the State of Colorado time comes, I will be grateful to the tional place to learn. Australian people and mindful of their in congratulating these bright kids and Thousands of West Virginians have kind generosity. their teachers for a job well done and started or resumed their college edu- I wish to thank the Prime Minster, look forward to their continued cations at West Virginia University at ∑ the government of Australia, and the success. Parkersburg. It truly is ‘‘the commu- Australian people for their strong sup- f nity’s college.’’ I salute Dr. Marie port for this worthy endeavor. 50TH ANNIVERSARY OF WEST VIR- Gnage and the past presidents at West f GINIA UNIVERSITY, PARKERS- Virginia University at Parkersburg for ADDITIONAL STATEMENTS BURG a half century of excellence in education, training, and community en- ∑ Mr. ROCKEFELLER. Mr. President, gagement.∑ today I recognize and celebrate the RECOGNIZING FORT LUPTON 50th anniversary of the founding of f MIDDLE SCHOOL West Virginia University at Parkers- RECOGNIZING LOST VALLEY SKI ∑ Mr. BENNET. Mr. President, today I burg. For five decades now, West Vir- AREA wish to honor the students and staff at ginia University at Parkersburg has ∑ Ms. SNOWE. Mr. President, outdoor Fort Lupton Middle School, whose re- provided affordable and accessible recreational activities are a staple of lentless hard work and dedication to higher education opportunities to the Maine’s winter, past and present. From improving student achievement and citizens of the Mid-Ohio Valley and the skiing to snowmobiling, visitors have setting students on the course toward State of West Virginia. flocked to Maine for decades to get a success has earned the school the title West Virginia University at Parkers- chance to enjoy the mounds of fresh of National Middle School of the Year. burg began with humble roots. In 1961, snow our State enjoys every year. I The award is presented by the Na- the college opened in an abandoned ele- rise today to recognize Lost Valley Ski tional Association of Middle School mentary school as the Parkersburg Area, located in the city of Auburn, Principals to schools that go the extra Branch of West Virginia University. which this year is celebrating its 50th mile to address the needs of students at One hundred and four students enrolled year of operation. the middle school level through aca- that fall. Lost Valley has been an Auburn sta- demics and activities. And Fort Lupton West Virginians believed in the abil- ple since it was founded by Otto Wal- Middle School’s teachers and students ity of West Virginia University at Par- lingford and Dr. Camille Gardner in are willing to go that extra mile and kersburg to grow and succeed. In 1965, 1961, when it first began enticing peo- then some. the citizens of Wood County passed a ple from the Twin Cities and the sur- In a story published earlier this year bond levy to build the college’s campus rounding areas to its slopes to learn in the Fort Lupton Press, sixth-grade at its present location, making it the how to ski. It was then that a 700-foot language arts teacher Liz McCachren only state-supported school to be fund- tow rope was installed in a little said that most people assume that her ed by a local initiative. Truly, West known area named Perkins Ridge, job as a middle school teacher isn’t Virginia University at Parkersburg is a where children used to navigate very fun. ‘‘I want people to know that college built by its community. through the trees to a clearing, or it’s not scary,’’ she said. ‘‘There’s noth- In 1971, it became one of the State’s ‘‘The Lost Valley,’’ as it was called. ing scary about these kids or this first freestanding community colleges. That clearing now holds ‘‘the Lodge,’’ building. It’s a really good middle It developed a solid reputation—which where after a long day on the slopes, school. . . . The students just make my continues today for—its quality tech- newly minted skiers can enjoy a hot day brighter. Every day, I can’t wait to nical programs and transfer degrees. In cup of cocoa by the stone hearth. Addi- be here. That’s why this school is 1989, when the State legislature re- tionally, the 55 acres of trails are now

VerDate Mar 15 2010 02:59 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.035 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1216 CONGRESSIONAL RECORD — SENATE March 3, 2011 co-owned by Linc Hayes and Connie known. He always put others’ needs EXECUTIVE AND OTHER King, two small business owners who ahead of his own. He was the first one COMMUNICATIONS have dedicated their time to continue to show up with chicken noodle soup if The following communications were the mountain tradition. a neighbor was sick. He was the neph- laid before the Senate, together with Mr. Wallingford is not only known ew who helped an ailing uncle. He was accompanying papers, reports, and doc- for opening Lost Valley for Mainers the man who walked to his mother’s uments, and were referred as indicated: and tourists alike, but is also consid- house to wind her antique clock each EC–778. A communication from the Senior ered one of the fathers of snowmaking week until her death. Program Analyst, Federal Aviation Adminis- and grooming. He was the originator of He was an extraordinary teacher. He tration, Department of Transportation, the ‘‘fan gun,’’ a piece of snowmaking taught first grade and loved it. Every transmitting, pursuant to law, the report of equipment that sprays a mist that is student was like his own son or daugh- a rule entitled ‘‘Revision of Class E Airspace; fanned to cover a large area. His first Shungnak, AK’’ ((RIN2120–AA66) (Docket No. ter, and he always pushed them, letting FAA–2010–1104)) received in the Office of the attempts created more ice than snow, them know that their dreams were pos- President of the Senate on March 1, 2011; to but that was eventually remedied by sible. It was his life’s work. the Committee on Commerce, Science, and removing water from the snowmaking That devotion to his students came Transportation. system. He then developed, 30 years be- through in his love for his family. He EC–779. A communication from the Deputy fore they became a fad, snow guns on was a proud and loving father and Assistant Administrator for Operations, Na- elevated poles. tional Marine Fisheries Service, Department grandfather, who engaged fully in the of Commerce, transmitting, pursuant to law, It was not, however, Mr. Walling- raising of his four children. He doted the report of a rule entitled ‘‘Fisheries of the ford’s penchant for creating snow, but on his two grandchildren. Exclusive Economic Zone Off Alaska; Steller his dedication to improving skiing con- Most important, he was a proud, lov- Sea Lion Protection Measures for the Bering ditions that brought him to the fore- ing, and great husband. His wife Kathy Sea and Aleutian Islands Groundfish Fish- front of the ski industry. In order to serves in the Montana House of Rep- eries Off Alaska’’ (RIN0648–BA31) received in create a more skiable terrain, Otto resentatives. Butch was so proud of the Office of the President of the Senate on transformed old farm equipment into March 1, 2011; to the Committee on Com- Kathy and her incredible work in the merce, Science, and Transportation. the predecessor of the modern ‘‘snow legislature for Montanans. EC–780. A communication from the Policy groomer.’’ An agricultural engineering He not only served his family and his Advisor/Chief, Wireless Telecommunications graduate from the University of Maine, community, he served the State and Bureau, Federal Communications Commis- Mr. Wallingford used a tractor and at- the country he loved so much in the sion, transmitting, pursuant to law, the re- tached a roller with a chain-like mate- Montana National Guard. port of a rule entitled ‘‘Review of Part 87 of rial that pulverized the snow. His Anaconda will miss Butch Swanson. the Commission’s Rules Concerning the ‘‘Powder Maker’’ was so successful that Aviation Radio Service’’ (FCC 11–2) received To the generations of students he during adjournment of the Senate in the Of- he crafted and sold them to other ski taught, to his family and to his com- fice of the President of the Senate on Feb- resorts both in the U.S. and abroad. A munity, Butch Swanson was a care- ruary 18, 2011; to the Committee on Com- majority of his original snowmaking taker who always put other people merce, Science, and Transportation. equipment is still in use at Lost Valley first. He lived a quiet, humble life and EC–781. A communication from the Policy today! Following the tradition of pro- is a lesson to us all on what it means Advisor/Chief, Wireless Telecommunications viding a mountain that caters to all Bureau, Federal Communications Commis- to be a fine person, a fine Montanan, sion, transmitting, pursuant to law, the re- ages and skill levels, Lost Valley Ski and a fine American. ∑ port of a rule entitled ‘‘Review of Part 87 of Area offers the Central Maine Adaptive the Commission’s Rules Concerning the Sports Program, or CMAS. The CMAS f Aviation Radio Service’’ (FCC 10–103) re- provides a disabled person the chance ceived during adjournment of the Senate in to ski, and ‘‘focuses on student’s abili- MESSAGE FROM THE HOUSE the Office of the President of the Senate on ties rather than their disabilities.’’ The At 5:27 p.m., a message from the February 18, 2011; to the Committee on Com- program is staffed by volunteers who merce, Science, and Transportation. House of Representatives, delivered by EC–782. A communication from the Chief of coach skiers one-on-one in order for Mr. Novotny, one of its reading clerks, Staff, Media Bureau, Federal Communica- them to learn the basic skills. It is announced that the House has passed tions Commission, transmitting, pursuant to both the physical activity and the the following bill, in which it requests law, the report of a rule entitled ‘‘Amend- focus on gaining self confidence that the concurrence of the Senate: ment of Section 73.202(b), Table of Allot- ments, FM Broadcast Stations (Enfield, New keeps students coming back. Through H.R. 4. An act to repeal the expansion of Hampshire; Hartford and White River Junc- this and other programs at Lost Val- information reporting requirements for pay- tion, Vermont; and Keesville and ley, students are able to train for the ments of $600 or more to corporations, and Morrisonville, New York)’’ (MB Docket No. for other purposes. Olympics and ‘‘Go for the Gold,’’ like 05–162) received during adjournment of the famed skier and three-time Olympian ENROLLED BILL SIGNED Senate in the Office of the President of the Julie Parisien, who grew up skiing at At 5:49 p.m., a message from the Senate on February 18, 2011; to the Com- Lost Valley. House of Representatives, delivered by mittee on Commerce, Science, and Transpor- Maine is home to scores of Mrs. Cole, one of its reading clerks, an- tation. innovators and philanthropists. Linc nounced that the Speaker has signed EC–783. A communication from the Sec- Hayes and Connie King are following in retary of the Federal Maritime Commission, the following enrolled bill: transmitting, pursuant to law, the report of that tradition by keeping Lost Valley H.R. 662. An act to provide an extension of a rule entitled ‘‘Amendments to Commis- Ski area a beacon of history, learning, Federal-aid highway, highway safety, motor sion’s Rules of Practice and Procedure’’ and fun. Their commitment of pro- carrier safety, transit, and other programs (RIN3072–AC41) received in the Office of the viding a place for all to enjoy snow funded out of the Highway Trust Fund pend- President of the Senate on February 28, 2011; sports is what makes Lost Valley such ing enactment of a multiyear law reauthor- to the Committee on Commerce, Science, a special place. I thank them and ev- izing such programs. and Transportation. eryone at Lost Valley for their efforts, The enrolled bill was subsequently EC–784. A communication from the Senior Program Analyst, Federal Aviation Adminis- and wish them 50 more years of suc- signed by the President pro tempore tration, Department of Transportation, cess.∑ (Mr. INOUYE). transmitting, pursuant to law, the report of f a rule entitled ‘‘Airworthiness Directives; f The Boeing Company Model MD–90–30 Air- REMEMBERING RAYMOND planes’’ ((RIN2120–AA64) (Docket No. FAA– ‘‘BUTCH’’ SWANSON MEASURES READ THE FIRST TIME 2010–1043)) received during adjournment of ∑ Mr. TESTER. Mr. President today I The following bill was read the first the Senate in the Office of the President of wish to pay tribute to Raymond the Senate on February 25, 2011; to the Com- time: mittee on Commerce, Science, and Transpor- ‘‘Butch’’ Swanson, of Anaconda, MT. H.R. 4. An act to repeal the expansion of tation. Butch passed away last evening. Peo- information reporting requirements for pay- EC–785. A communication from the Senior ple in Anaconda say that Butch had the ments of $600 or more to corporations, and Program Analyst, Federal Aviation Adminis- biggest heart of anyone they had ever for other purposes. tration, Department of Transportation,

VerDate Mar 15 2010 02:59 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.046 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 3, 2011 CONGRESSIONAL RECORD — SENATE S1217 transmitting, pursuant to law, the report of EC–792. A communication from the Senior Office of the President of the Senate on a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- March 3, 2011; to the Committee on Agri- The Boeing Company Model 737–100, –200, tration, Department of Transportation, culture, Nutrition, and Forestry. –200C, –300, –400, and –500 Series Airplanes’’ transmitting, pursuant to law, the report of EC–800. A communication from the Direc- ((RIN2120–AA64) (Docket No. FAA–2010–0761)) a rule entitled ‘‘Airworthiness Directives; tor of the Regulatory Management Division, received during adjournment of the Senate Fokker Services B.V. Model F.28 Mark 0070 Office of Policy, Environmental Protection in the Office of the President of the Senate and 0100 Airplanes’’ ((RIN2120–AA64) (Docket Agency, transmitting, pursuant to law, the on February 25, 2011; to the Committee on No. FAA–2010–1038)) received during adjourn- report of a rule entitled ‘‘Peroxyacetic Acid; Commerce, Science, and Transportation. ment of the Senate in the Office of the Presi- Amendment to an Exemption from the Re- EC–786. A communication from the Senior dent of the Senate on February 25, 2011; to quirement of a Tolerance’’ (FRL No. 8865–3) Program Analyst, Federal Aviation Adminis- the Committee on Commerce, Science, and received in the Office of the President of the tration, Department of Transportation, Transportation. Senate on March 3, 2011; to the Committee transmitting, pursuant to law, the report of EC–793. A communication from the Senior on Agriculture, Nutrition , and Forestry. a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- EC–801. A communication from the Direc- Bombardier, Inc. Model CL–215–1A10 (CL– tration, Department of Transportation, tor of the Regulatory Management Division, 215), CL–215–6B11 (CL–215T Variant), and CL– transmitting, pursuant to law, the report of Office of Policy, Environmental Protection 215–6B11 (CL–415 Variant) Airplanes’’ a rule entitled ‘‘Airworthiness Directives; Agency, transmitting, pursuant to law, the ((RIN2120–AA64) (Docket No. FAA–2010–1108)) Bombardier, Inc. Model CL–600–2B19 (Re- report of a rule entitled ‘‘Fomesafen; Pes- received during adjournment of the Senate gional Jet Series 100 and 440) Airplanes’’ ticide Tolerances’’ (FRL No. 8858–5) received in the Office of the President of the Senate ((RIN2120–AA64) (Docket No. FAA–2010–1113)) in the Office of the President of the Senate on February 25, 2011; to the Committee on received during adjournment of the Senate on March 3, 2011; to the Committee on Agri- Commerce, Science, and Transportation. in the Office of the President of the Senate culture, Nutrition, and Forestry. EC–787. A communication from the Senior on February 25, 2011; to the Committee on EC–802. A communication from the Under Program Analyst, Federal Aviation Adminis- Commerce, Science, and Transportation. Secretary of Defense (Personnel and Readi- tration, Department of Transportation, EC–794. A communication from the Senior ness), transmitting, pursuant to law, a re- transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- port relative to the Family Subsistence Sup- a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, plemental Allowance Program for the period Bombardier, Inc. Model CL–600–2C10 (Re- transmitting, pursuant to law, the report of October 1, 2009, through September 30, 2010; gional Jet Series 700 , 701, and 702) Airplanes, a rule entitled ‘‘Airworthiness Directives; to the Committee on Armed Services. Model CL–600–2D15 (Regional Jet Series 705) Airbus Model A340–200, –300, –500, and –600 Se- EC–803. A communication from the Chair- Airplanes, and Model CL–600–2D24 (Regional ries Airplanes’’ ((RIN2120–AA64) (Docket No. man and President of the Export-Import Jet Series 900) Airplanes’’ ((RIN2120–AA64) FAA–2011–0040)) received during adjournment Bank, transmitting, pursuant to law, a re- (Docket No. FAA–2010–1109)) received during of the Senate in the Office of the President port relative to transactions involving U.S. adjournment of the Senate in the Office of of the Senate on February 25, 2011; to the exports to Panama; to the Committee on the President of the Senate on February 25, Committee on Commerce, Science, and Banking, Housing, and Urban Affairs. 2011; to the Committee on Commerce, Transportation. EC–804. A communication from the Chief Science, and Transportation. EC–795. A communication from the Senior Counsel, Federal Emergency Management EC–788. A communication from the Senior Program Analyst, Federal Aviation Adminis- Agency, Department of Homeland Security, Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, transmitting, pursuant to law, the report of tration, Department of Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Final Flood Elevation Deter- transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; minations’’ ((44 CFR Part 67) (Docket No. a rule entitled ‘‘Airworthiness Directives; Airbus Model A340–200, –300, –500, and –600 Se- FEMA–2010–0003)) received in the Office of Hawker Beechcraft Corporation (Type Cer- ries Airplanes’’ ((RIN2120–AA64) (Docket No. the President of the Senate on March 2, 2011; tificate Previously Held by Raytheon Air- FAA–2011–0039)) received during adjournment to the Committee on Banking, Housing, and craft Company; Beech Aircraft Corporation) of the Senate in the Office of the President Urban Affairs. Model 400A and 400T Airplanes’’ ((RIN2120– of the Senate on February 25, 2011; to the EC–805. A communication from the Chief AA64) (Docket No. FAA–2010–0954)) received Committee on Commerce, Science, and Counsel, Federal Emergency Management during adjournment of the Senate in the Of- Transportation. Agency, Department of Homeland Security, fice of the President of the Senate on Feb- EC–796. A communication from the Senior transmitting, pursuant to law, the report of ruary 25, 2011; to the Committee on Com- Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Changes in Final Flood Ele- merce, Science, and Transportation. tration, Department of Transportation, vation Determinations’’ ((44 CFR Part 65) EC–789. A communication from the Senior transmitting, pursuant to law, the report of (Docket No. FEMA–2011–0002)) received in the Program Analyst, Federal Aviation Adminis- a rule entitled ‘‘Airworthiness Directives; Office of the President of the Senate on tration, Department of Transportation, Fokker Services B.V. Model F.28 Mark 0070 March 2, 2011; to the Committee on Banking, transmitting, pursuant to law, the report of and 0100 Airplanes’’ ((RIN2120–AA64) (Docket Housing, and Urban Affairs. a rule entitled ‘‘Airworthiness Directives; No. FAA–2010–1112)) received during adjourn- EC–806. A communication from the Chief Airbus Model A300 B4–600 and A300 B4–600R ment of the Senate in the Office of the Presi- Counsel, Federal Emergency Management Series Airplanes, Model A300 F4–605R Air- dent of the Senate on February 25, 2011; to Agency, Department of Homeland Security, planes, and Model A300 C4–605R Variant F the Committee on Commerce, Science, and transmitting, pursuant to law, the report of Airplanes’’ ((RIN2120–AA64) (Docket No. Transportation. a rule entitled ‘‘Changes in Final Flood Ele- FAA–2010–0801)) received during adjournment EC–797. A communication from the Direc- vation Determinations’’ ((44 CFR Part 65) of the Senate in the Office of the President tor of National Marine Fisheries Service, Na- (Docket No. FEMA–2010–0002)) received in the of the Senate on February 25, 2011; to the tional Oceanic and Atmospheric Administra- Office of the President of the Senate on Committee on Commerce, Science, and tion, Department of Commerce, transmit- March 2, 2011; to the Committee on Banking, Transportation. ting, pursuant to law, the 2010 Report on Ap- Housing, and Urban Affairs. EC–790. A communication from the Senior portionment of Membership on the Regional EC–807. A communication from the Asso- Program Analyst, Federal Aviation Adminis- Fishery Management Councils; to the Com- ciate General Counsel for Legislation and tration, Department of Transportation, mittee on Commerce, Science, and Transpor- Regulations, Office of Public and Indian transmitting, pursuant to law, the report of tation. Housing, Department of Housing and Urban a rule entitled ‘‘Airworthiness Directives; EC–798. A communication from the Chief of Development, transmitting, pursuant to law, Airbus Model A330–200 and –300 and A340–200 Staff, Media Bureau, Federal Communica- the report of a rule entitled ‘‘Public Housing and –300 Series Airplanes’’ ((RIN2120–AA64) tions Commission, transmitting, pursuant to Evaluation and Oversight: Changes to the (Docket No. FAA–2010–0852)) received during law, the report of a rule entitled ‘‘Implemen- Public Housing Assessment System (PHAS) adjournment of the Senate in the Office of tation of Section 304 of the Telecommuni- and Determining and Remedying Substantial the President of the Senate on February 25, cations Act of 1996: Commercial Availability Default’’ (RIN2577–AC68) received in the Of- 2011; to the Committee on Commerce, of Navigation Devices; Compatibility Be- fice of the President of the Senate on March Science, and Transportation. tween Cable Systems and Consumer Elec- 3, 2011; to the Committee on Banking, Hous- EC–791. A communication from the Senior tronics Equipment’’ (FCC 10–181) received in ing, and Urban Affairs. Program Analyst, Federal Aviation Adminis- the Office of the President of the Senate on EC–808. A communication from the Chief of tration, Department of Transportation, March 2, 2011; to the Committee on Com- the Publications and Regulations Branch, In- transmitting, pursuant to law, the report of merce, Science, and Transportation. ternal Revenue Service, Department of the a rule entitled ‘‘Airworthiness Directives; EC–799. A communication from the Direc- Treasury, transmitting, pursuant to law, the The Boeing Company Model 767 Airplanes’’ tor of the Regulatory Management Division, report of a rule entitled ‘‘Definition of Read- ((RIN2120–AA64) (Docket No. FAA–2010–0377)) Office of Policy, Environmental Protection ily Tradable on an Established Securities received during adjournment of the Senate Agency, transmitting, pursuant to law, the Market’’ (Notice 2011–19) received in the Of- in the Office of the President of the Senate report of a rule entitled ‘‘Potassium ben- fice of the President of the Senate on March on February 25, 2011; to the Committee on zoate; Exemption from the Requirement of a 3, 2011; to the Committee on Banking, Hous- Commerce, Science, and Transportation. Tolerance’’ (FRL No. 8863–2) received in the ing, and Urban Affairs.

VerDate Mar 15 2010 02:59 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.041 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1218 CONGRESSIONAL RECORD — SENATE March 3, 2011 EC–809. A communication from the Sec- Treasury, transmitting, pursuant to law, the and second times by unanimous con- retary of Energy, transmitting, pursuant to report of a rule entitled ‘‘Super Completed sent, and referred as indicated: law, a report entitled ‘‘Report on Federal Contract Method IDD No. 3’’ (LBandI–4–2020– By Mr. KERRY (for himself and Mr. Agency Cooperation on Permitting Natural 029) received in the Office of the President of ROCKEFELLER): Gas Pipelines’’; to the Committee on Energy the Senate on March 2, 2011; to the Com- and Natural Resources. mittee on Finance. S. 467. A bill to amend the Internal Rev- EC–810. A communication from the Direc- EC–818. A communication from the Chief of enue Code of 1986 to strengthen the earned tor of the Regulatory Management Division, the Publications and Regulations Branch, In- income tax credit; to the Committee on Fi- Office of Policy, Environmental Protection ternal Revenue Service, Department of the nance. Agency, transmitting, pursuant to law, the Treasury, transmitting, pursuant to law, the By Mr. MCCONNELL (for himself, Mr. report of a rule entitled ‘‘Approval and Pro- report of a rule entitled ‘‘Annual Price Infla- PAUL, and Mr. INHOFE): mulgation of Air Quality Implementation tion Adjustments for Passenger Automobiles S. 468. A bill to amend the Federal Water Plans; Indiana; Kentucky; Louisville Non- First Placed in Service or Leased in 2011 Pur- Pollution Control Act to clarify the author- attainment Area; Determination of Attain- suant to Section 280F’’ (Rev. Proc. 2011–21) ity of the Administrator to disapprove speci- ment of the 1997 Annual Fine Particle Stand- received in the Office of the President of the fications of disposal sites for the discharge ard’’ (FRL No. 9277–2) received in the Office Senate on March 3, 2011; to the Committee of, dredged or fill material, and to clarify the of the President of the Senate on March 3, on Finance. procedure under which a higher review of 2011; to the Committee on Environment and EC–819. A communication from the Sec- specifications may be requested; to the Com- Public Works. retary of Health and Human Services, trans- mittee on Environment and Public Works. EC–811. A communication from the Direc- mitting a report relative to the Federal Co- By Mr. TESTER: tor of the Regulatory Management Division, ordinated Health Care Office, established by S. 469. A bill to rescind amounts made Office of Policy, Environmental Protection section 2602 of the Patient Protection and available for water treatment improvements Agency, transmitting, pursuant to law, the Affordable Care Act; to the Committee on for the city of Kalispell, Montana, and make report of a rule entitled ‘‘National Emission Finance. the amounts available for Federal deficit re- Standards for Hazardous Air Pollutants for EC–820. A communication from the Assist- duction; to the Committee on Appropria- Reciprocating Internal Combustion Engines’’ ant Secretary, Office of Legislative Affairs, tions. (FRL No. 9277–3) received in the Office of the Department of State, transmitting, pursuant By Mr. CASEY (for himself, Mr. DUR- President of the Senate on March 3, 2011; to to law, a report relative to U.S. military per- BIN, Mrs. MURRAY, Mr. COONS, and the Committee on Environment and Public sonnel and U.S. civilian contractors involved Mr. FRANKEN): Works. in the anti-narcotics campaign in Colombia; S. 470. A bill to establish an Early Learn- EC–812. A communication from the Direc- to the Committee on Foreign Relations. ing Challenge Fund to support States in tor of the Regulatory Management Division, EC–821. A communication from the Depart- building and strengthening systems of high- Office of Policy, Environmental Protection ment of State, transmitting, pursuant to quality early learning and development pro- Agency, transmitting, pursuant to law, the law, an annual report relative to the defense grams and for other purposes; to the Com- report of a rule entitled ‘‘Protection of articles and defense services that were li- mittee on Health, Education, Labor, and Stratospheric Ozone: New Substitute in the censed for export under Section 38 of the Pensions. Motor Vehicle Air Conditioning Sector under Arms Export Control Act during fiscal year By Ms. STABENOW (for herself, Mr. the Significant New Alternatives Policy 2009; to the Committee on Foreign Relations. DURBIN, Mr. BROWN of Ohio, Mr. (SNAP) Program’’ (FRL No. 9275–8) received EC–822. A communication from the Deputy SCHUMER, Ms. KLOBUCHAR, Mr. LEVIN, in the Office of the President of the Senate Director of Regulations and Policy Manage- and Mrs. GILLIBRAND): on March 3, 2011; to the Committee on Envi- ment Staff, Food and Drug Administration, ronment and Public Works. S. 471. A bill to require the Secretary of Department of Health and Human Services, the Army to study the feasibility of the EC–813. A communication from the Direc- transmitting, pursuant to law, the report of tor of the Regulatory Management Division, hydrological separation of the Great Lakes a rule entitled ‘‘Medical Devices; Medical and Mississippi River Basins; to the Com- Office of Policy, Environmental Protection Device Data Systems’’ ((21 CFR Part 880) Agency, transmitting, pursuant to law, the mittee on Environment and Public Works. (Docket No. FDA–2008–N–0106)) received in By Mr. BEGICH (for himself, Mrs. MUR- report of a rule entitled ‘‘Approval and Pro- the Office of the President of the Senate on mulgation of Implementation Plans and Des- RAY, Ms. MURKOWSKI, and Mrs. March 3, 2011; to the Committee on Health, BOXER): ignation of Areas for Air Quality Planning Education, Labor, and Pensions. S. 472. A bill to increase the mileage reim- Purposes; Tennessee; Redesignation of the EC–823. A communication from the Sec- bursement rate for members of the armed Knoxville 1997 8-Hour Ozone Nonattainment retary of Education, transmitting, pursuant services during permanent change of station Area to Attainment for the 1997 8-Hour to law, the Fiscal Year 2010 Annual Perform- and to authorize the transportation of addi- Ozone Standards’’ (FRL No. 9277–1) received ance Report; to the Committee on Health, tional motor vehicles of members on change in the Office of the President of the Senate Education, Labor, and Pensions. of permanent station to or from nonforeign on March 3, 2011; to the Committee on Envi- EC–824. A communication from the Sec- areas outside the continental United States; ronment and Public Works. retary of Health and Human Services, trans- EC–814. A communication from the Direc- to the Committee on Armed Services. mitting, pursuant to law, two reports enti- tor of the Regulatory Management Division, By Ms. COLLINS (for herself, Mr. tled ‘‘The National Healthcare Quality Re- Office of Policy, Environmental Protection PRYOR, Mr. PORTMAN, and Ms. port 2010’’ and ‘‘The National Healthcare Agency, transmitting, pursuant to law, the LANDRIEU): Disparities Report 2010’’; to the Committee report of a rule entitled ‘‘Updating Cross- on Health, Education, Labor, and Pensions. S. 473. A bill to extend the chemical facil- References for the Oklahoma State Imple- ity security program of the Department of mentation Plan’’ (FRL No. 9275–7) received f Homeland Security, and for other purposes; in the Office of the President of the Senate EXECUTIVE REPORTS OF to the Committee on Homeland Security and on March 3, 2011; to the Committee on Envi- COMMITTEE Governmental Affairs. ronment and Public Works. By Ms. SNOWE (for herself, Mr. EC–815. A communication from the Direc- The following executive reports of COBURN, Ms. AYOTTE, Mr. ENZI, and tor of the Regulatory Management Division, nominations were submitted: Mr. BROWN of Massachusetts): Office of Policy, Environmental Protection By Mr. LEAHY for the Committee on the S. 474. A bill to reform the regulatory proc- Agency, transmitting, pursuant to law, the Judiciary. ess to ensure that small businesses are free report of a rule entitled ‘‘Final Authoriza- Mae A. D’Agostino, of New York, to be to compete and to create jobs, and for other tion of State-initiated Changes and Incorpo- United States District Judge for the North- purposes; to the Committee on Homeland Se- ration by Reference of State Hazardous ern District of New York. curity and Governmental Affairs. Waste Management Program’’ (FRL No. Timothy J. Feighery, of New York, to be By Mr. COBURN: 9274–4) received in the Office of the President Chairman of the Foreign Claims Settlement S. 475. A bill to enact President Obama’s of the Senate on March 3, 2011; to the Com- Commission of the United States for a term recommendations for program terminations; mittee on Environment and Public Works. EC–816. A communication from the Chief of expiring September 30, 2012. to the Committee on Appropriations. the Publications and Regulations Branch, In- (Nominations without an asterisk By Mr. PRYOR: ternal Revenue Service, Department of the were reported with the recommenda- S. 476. A bill to discontinue the Voice of Treasury, transmitting, pursuant to law, the tion that they be confirmed.) America: Radio Marti and Television Marti report of a rule entitled ‘‘2011 Census Count’’ broadcasts to Cuba; to the Committee on (Notice 2011–15) received in the Office of the f Foreign Relations. President of the Senate on March 2, 2011; to INTRODUCTION OF BILLS AND By Mr. PRYOR: the Committee on Finance. JOINT RESOLUTIONS S. 477. A bill to limit Government printing, EC–817. A communication from the Chief of Government travel costs, and Federal vehi- the Publications and Regulations Branch, In- The following bills and joint resolu- cle costs; to the Committee on Homeland Se- ternal Revenue Service, Department of the tions were introduced, read the first curity and Governmental Affairs.

VerDate Mar 15 2010 03:16 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.043 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 3, 2011 CONGRESSIONAL RECORD — SENATE S1219 By Mr. PRYOR: eviction, and for other purposes; to the Com- S. Res. 91. A resolution supporting the S. 478. A bill to amend the Internal Rev- mittee on Veterans’ Affairs. goals and ideals of Multiple Sclerosis Aware- enue Code of 1986 to apply a 100 percent con- By Mr. MCCAIN: ness Week; considered and agreed to. tinuous levy to Medicare providers and cer- S. 487. A bill to ensure that private prop- By Mr. SCHUMER (for himself and Mr. tain Federal contractors with delinquent tax erty, public safety, and human life are pro- ALEXANDER): debt; to the Committee on Finance. tected from flood hazards that directly re- S. Res. 92. A resolution to authorize the By Mr. PRYOR: sult from post-fire watershed conditions that payment of legal expenses of Senate employ- S. 479. A bill to amend title 40, United are created by wildfires on Federal land; to ees out of the contingent fund of the Senate; States Code, to enhance authorities with re- the Committee on Energy and Natural Re- considered and agreed to. gard to real property that has yet to be resources. By Mr. ROCKEFELLER (for himself, ported excess, and for other purposes; to the By Mr. CARDIN: Mr. BURR, Mr. MANCHIN, Mr. UDALL of Committee on Homeland Security and Gov- S. 488. A bill to require the FHA to equi- Colorado, Mr. BEGICH, Mrs. ernmental Affairs. tably treat homebuyers who have repaid in MCCASKILL, Mr. MENENDEZ, Mr. By Mrs. GILLIBRAND (for herself, Mr. full their FHA-insured mortgages, and for BROWN of Ohio, Mr. LIEBERMAN, Mr. KERRY, Mr. LAUTENBERG, and Mr. other purposes; to the Committee on Bank- NELSON of Florida, Mr. KERRY, Mr. LEAHY): ing, Housing, and Urban Affairs. WYDEN, Ms. LANDRIEU, Mr. BROWN of S. 480. A bill to temporarily expand the V By Mr. REED (for himself, Mr. DURBIN, Massachusetts, and Mr. MCCAIN): nonimmigrant visa category to include Hai- Mr. MERKLEY, Mr. WHITEHOUSE, Mr. S. Con. Res. 10. A concurrent resolution au- tians whose petition for a family-sponsored FRANKEN, and Mr. LEAHY): thorizing the remains of Frank W. Buckles, immigrant visa was approved on or before S. 489. A bill to require certain mortgagees the last surviving United States veteran of January 12, 2010; to the Committee on the to evaluate loans for modifications, to estab- the First World War, to lie in honor in the Judiciary. lish a grant program for State and local gov- rotunda of the Capitol; to the Committee on By Mr. HARKIN (for himself, Ms. ernment mediation programs, and for other Rules and Administration. KLOBUCHAR, and Mr. FRANKEN): purposes; to the Committee on Banking, f S. 481. A bill to enhance and further re- Housing, and Urban Affairs. search into the prevention and treatment of By Mr. AKAKA: ADDITIONAL COSPONSORS eating disorders, to improve access to treat- S. 490. A bill to amend title 38, United ment of eating disorders, and for other pur- States Code, to increase the maximum age S. 89 poses; to the Committee on Health, Edu- for children eligible for medical care under At the request of Mr. VITTER, the cation, Labor, and Pensions. the CHAMPVA program, and for other pur- name of the Senator from Nebraska By Mr. INHOFE (for himself, Mr. ALEX- poses; to the Committee on Veterans’ Af- (Mr. JOHANNS) was added as a cospon- ANDER, Ms. AYOTTE, Mr. BARRASSO, fairs. sor of S. 89, a bill to repeal the imposi- Mr. BLUNT, Mr. BOOZMAN, Mr. BURR, f tion of withholding on certain pay- Mr. CHAMBLISS, Mr. COATS, Mr. ments made to vendors by government COBURN, Mr. COCHRAN, Mr. CORKER, SUBMISSION OF CONCURRENT AND entities. Mr. CORNYN, Mr. CRAPO, Mr. DEMINT, SENATE RESOLUTIONS S. 222 Mr. ENSIGN, Mr. ENZI, Mr. GRAHAM, The following concurrent resolutions Mr. GRASSLEY, Mr. HATCH, Mr. and Senate resolutions were read, and At the request of Mr. LEAHY, his HOEVEN, Mrs. HUTCHISON, Mr. referred (or acted upon), as indicated: name was added as a cosponsor of S. ISAKSON, Mr. JOHANNS, Mr. JOHNSON 222, a bill to limit investor and home- of Wisconsin, Mr. KYL, Mr. LEE, Mr. By Mr. JOHNSON of South Dakota (for owner losses in foreclosures, and for himself, Mr. COCHRAN, Mr. KOHL, Mr. LUGAR, Mr. MCCONNELL, Mr. MORAN, other purposes. Ms. MURKOWSKI, Mr. PAUL, Mr. ENZI, Ms. COLLINS, Mr. FRANKEN, Mr. PORTMAN, Mr. RISCH, Mr. ROBERTS, TESTER, Mr. GRASSLEY, Ms. S. 228 Mr. RUBIO, Mr. SESSIONS, Mr. SHELBY, KLOBUCHAR, Mr. WICKER, Mrs. At the request of Mr. BARRASSO, the Mr. THUNE, Mr. TOOMEY, Mr. VITTER, MCCASKILL, Mr. ROBERTS, Mr. PRYOR, name of the Senator from Mississippi Mr. WICKER, Mr. MCCAIN, and Mr. Mr. CONRAD, Mr. BROWN of Ohio, Mr. (Mr. WICKER) was added as a cosponsor MANCHIN): SCHUMER, Mrs. MURRAY, Mrs. BOXER, of S. 228, a bill to preempt regulation S. 482. A bill to amend the Clean Air Act to Mr. BAUCUS, Ms. STABENOW, Ms. of, action relating to, or consideration prohibit the Administrator of the Environ- CANTWELL, and Mr. NELSON of Ne- mental Protection Agency from promul- braska): of greenhouse gases under Federal and gating any regulation concerning, taking ac- S. Res. 87. A resolution designating the common law on enactment of a Federal tion relating to, or taking into consideration year of 2012 as the ‘‘International Year of Co- policy to mitigate climate change. the emission of a greenhouse gas to address operatives’’; to the Committee on the Judici- S. 242 ary. climate change, and for other purposes; to At the request of Mr. ROCKEFELLER, By Ms. SNOWE: the Committee on Environment and Public the name of the Senator from Delaware Works. S. Res. 88. A resolution expressing the By Ms. SNOWE (for herself and Mr. sense of the Senate that businesses of the (Mr. COONS) was added as a cosponsor BINGAMAN): United States should retain the option to or- of S. 242, a bill to amend title 10, S. 483. A bill to amend title XVIII of the ganize as those businesses choose, including United States Code, to enhance the Social Security Act to provide for the treat- as flow-through entities, and not be forced to roles and responsibilities of the Chief ment of clinical psychologists as physicians reorganize as C corporations; to the Com- of the National Guard Bureau. for purposes of furnishing clinical psycholo- mittee on Finance. S. 254 gist services under the Medicare program; to By Mr. ROCKEFELLER (for himself, the Committee on Finance. Mr. BURR, Mr. MANCHIN, Mr. UDALL of At the request of Mr. FRANKEN, the By Mr. BENNET (for himself and Mr. Colorado, Mr. BEGICH, Mrs. name of the Senator from North Caro- UDALL of Colorado): MCCASKILL, Mr. MENENDEZ, Mr. lina (Mrs. HAGAN) was added as a co- S. 484. A bill to direct the Secretary of BROWN of Ohio, Mr. LIEBERMAN, Mr. sponsor of S. 254, a bill to reduce the Education to pay to Fort Lewis College in NELSON of Florida, Mr. KERRY, Mr. rape kit backlog and for other pur- the State of Colorado an amount equal to WYDEN, Ms. LANDRIEU, Mr. BROWN of poses. the tuition charges for Indian students who Massachusetts, Mr. MCCAIN, and Mr. S. 282 are not residents of the State of Colorado; to BINGAMAN): the Committee on Health, Education, Labor, S. Res. 89. A resolution relating to the At the request of Mr. COBURN, the and Pensions. death of Frank W. Buckles, the longest sur- name of the Senator from Colorado By Mr. LEVIN (for himself and Ms. viving United States veteran of the First (Mr. UDALL) was added as a cosponsor STABENOW): World War; considered and agreed to. of S. 282, a bill to rescind unused ear- S. 485. A bill to expand the boundaries of By Mrs. SHAHEEN (for herself, Mr. marks. the Thunder Bay National Marine Sanctuary CARDIN, Ms. SNOWE, Ms. COLLINS, Mr. S. 310 and Underwater Preserve, and for other pur- DURBIN, Ms. MIKULSKI, Mr. LAUTEN- poses; to the Committee on Commerce, BERG, Mrs. BOXER, Mr. BEGICH, Mr. At the request of Mr. COBURN, the Science, and Transportation. WHITEHOUSE, and Mrs. MURRAY): name of the Senator from Arkansas By Mr. WHITEHOUSE (for himself, Mr. S. Res. 90. A resolution supporting the (Mr. PRYOR) was added as a cosponsor REED, Mr. MERKLEY, Mr. SANDERS, goals of ‘‘International Women’s Day’’ and of S. 310, a bill to end unemployment and Mr. TESTER): recognizing this year’s centennial anniver- payments to jobless millionaires. S. 486. A bill to amend the Servicemembers sary of International Women’s Day; consid- Civil Relief Act to enhance protections for ered and agreed to. S. 344 members of the uniformed services relating By Mr. CASEY (for himself, Ms. SNOWE, At the request of Mr. REID, the name to mortgages, mortgage foreclosure, and and Mrs. HAGAN): of the Senator from Mississippi (Mr.

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Res. 7, a Tax Credit Act of 2011 strengthens the States Code, to permit certain retired concurrent resolution supporting the EITC by making the following changes: members of the uniformed services who Local Radio Freedom Act. makes permanent marriage penalty re- have a service-connected disability to AMENDMENT NO. 133 lief; makes permanent the credit for receive both disability compensation At the request of Mrs. FEINSTEIN, the families with three or more children; from the Department of Veterans Af- name of the Senator from Alaska (Mr. expands the credit for individuals with fairs for their disability and either re- BEGICH) was added as a cosponsor of no children; simplifies the credit; and tired pay by reason of their years of amendment No. 133 proposed to S. 23, a increases the penalty for tax preparers. military service or Combat-Related bill to amend title 35, United States The legislation would make the mar- Special Compensation, and for other Code, to provide for patent reform. riage penalty relief included in the purposes. AMENDMENT NO. 135 American Recovery and Reinvestment S. 387 At the request of Ms. COLLINS, the Act permanent. Under the American At the request of Mrs. BOXER, the name of the Senator from Wyoming Recovery and Reinvestment Act, the name of the Senator from Ohio (Mr. (Mr. BARRASSO) was added as a cospon- phase-out income level for married tax- BROWN) was added as a cosponsor of S. sor of amendment No. 135 intended to payers that file a joint return would be 387, a bill to amend title 37, United be proposed to S. 23, a bill to amend $5,000 higher than the income level for States Code, to provide flexible spend- title 35, United States Code, to provide unmarried filers starting in 2009 and in ing arrangements for members of uni- for patent reform. 2010. This level would be indexed for inflation after 2009. The Tax Relief, Un- formed services, and for other pur- f poses. employment Insurance Reauthoriza- STATEMENTS ON INTRODUCED S. 388 tion and Job Creation Act of 2010 ex- BILLS AND JOINT RESOLUTIONS At the request of Mrs. BOXER, the tended this provision through 2012. name of the Senator from Ohio (Mr. By Mr. KERRY (for himself and Without this provision, many single in- BROWN) was added as a cosponsor of S. Mr. ROCKEFELLER): dividuals that marry find themselves 388, a bill to prohibit Members of Con- S. 467. A bill to amend the Internal faced with a reduction in their EITC. gress and the President from receiving Revenue Code of 1986 to strengthen the In Massachusetts, approximately pay during Government shutdowns. earned income tax credit; to the Com- 100,500 children a year benefit from the mittee on Finance. EITC because of this provision. S. 425 Mr. KERRY. Mr. President, today Second, the legislation makes perma- At the request of Mr. UDALL of Colo- Senator ROCKEFELLER and I are re- nent the credit for families with three rado, the name of the Senator from introducing the Strengthen the Earned or more children. Under prior law, the Louisiana (Ms. LANDRIEU) was added as Income Tax Credit Act of 2011. Since credit amount is based on one child or a cosponsor of S. 425, a bill to amend 1975, the earned income tax credit, two or more children. The American the Public Health Service Act to pro- EITC, has been an innovative tax cred- Recovery and Reinvestment Act cre- vide for the establishment of perma- it which helps low-income working ated a third child category for 2009 and nent national surveillance systems for families. President Reagan referred to 2010 and Tax Relief, Unemployment In- multiple sclerosis, Parkinson’s disease, the EITC as ‘‘the best antipoverty, the surance Reauthorization and Job Cre- and other neurological diseases and best pro-family, the best job creation ation Act of 2010 extended this provi- disorders. measure to come out of Congress.’’ Ac- sion through 2012. This change benefits S. 434 cording to the Center on Budget and approximately 116,000 children a year At the request of Mr. COCHRAN, the Policy Priorities, the EITC lifts more in Massachusetts. names of the Senator from Maine (Ms. children out of poverty than any other Third, this legislation would increase COLLINS), the Senator from Nebraska government program. It lifted 6.5 mil- the credit amount for childless work- (Mr. JOHANNS) and the Senator from lion people, including 3.3 million chil- ers. The EITC was designed to help Mississippi (Mr. WICKER) were added as dren, above the poverty line in 2009. childless workers offset their payroll cosponsors of S. 434, a bill to improve Last Congress, we were successful in tax liability. The credit phase-in was and expand geographic literacy among making temporary improvements to set to equal the employee share of the kindergarten through grade 12 students the EITC by providing marriage pen- payroll tax, 7.65 percent. However, in in the United States by improving pro- alty relief and increasing the credit reality, the employee bears the burden fessional development programs for rate for families with three or more of both the employee and employer kindergarten through grade 12 teachers children. Both of these provisions have portion of the payroll tax. A typical offered through institutions of higher been part of our legislation. single childless adult will begin to owe education. It is time for us to reexamine the Federal income taxes in addition to At the request of Ms. MIKULSKI, the EITC and determine where we can payroll taxes when his or her income is names of the Senator from Vermont strengthen it. The Finance Committee only $10,655, which is below the poverty (Mr. SANDERS) and the Senator from of which I am a member has started a line. These changes will result in a full Vermont (Mr. LEAHY) were added as co- series of hearings on tax reform. I be- time worker receiving the minimum sponsors of S. 434, supra. lieve the tax code should be thoroughly wage to be eligible for the maximum S. CON. RES. 4 reviewed to see what is working and earned income credit amount. At the request of Mr. SCHUMER, the not working and what can be made This legislation doubles the credit name of the Senator from New Jersey simpler. This legislation expands the rate for individual taxpayer and mar- (Mr. MENENDEZ) was added as a cospon- EITC permanently, but as part of tax ried taxpayers without children. The sor of S. Con. Res. 4, a concurrent reso- reform I would be open to changing the credit rate and phase-out rate of 7.65 lution expressing the sense of Congress program. However, those currently percent is doubled to 15.3 percent. For that an appropriate site on Chaplains benefiting from the EITC should not be 2007, the maximum credit amount for Hill in Arlington National Cemetery harmed in tax reform and there should an individual would increase from $457 should be provided for a memorial still be tax relief which encourages to $929. In addition, the legislation marker to honor the memory of the work and helps low-income families would increase the credit phase-out in- Jewish chaplains who died while on ac- with children. come level from $7,590 to $12,690 for in- tive duty in the Armed Forces of the We need to help the low-income dividuals and from $12,670 to $17,770 for United States. workers who struggle day after day married couples. This increase is in- S. CON. RES. 7 trying to make ends meet. They have dexed for inflation and includes the At the request of Mr. BARRASSO, the been left behind in the economic poli- marriage penalty relief. Under current names of the Senator from Maine (Ms. cies of the last eight years. We need to law, workers under age 25 are ineligible COLLINS), the Senator from Idaho (Mr. begin a discussion on how to help those for the childless workers EITC. The RISCH), the Senator from Mississippi that have been left behind. The EITC is Strengthen the Earned Income Tax (Mr. WICKER) and the Senator from the perfect place to start. Credit Act of 2011 would change the age

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Some of those per- EPA to act as vigorously as necessary Income Tax Credit Act of 2011 sim- mits are for jobs in Kentucky. to protect the environment and those plifies the EITC by modifying the aban- The EPA’s action simply defies logic. of us living in it while also giving per- doned spouse rule, clarifying the quali- Not only are they changing the rules in mit applications the certainty of know- fying child rules, and repealing the dis- the middle of the game, they are retro- ing within a reasonable timeframe qualified investment test. actively changing the rules to shut whether to proceed with mining oper- Finally, the legislation includes a down mines they already approved. No ations and knowing that once they provision which increases the penalty mine, regardless of whether it has been have the green light, it is not going to imposed on paid preparers who fail to operating for years in full compliance be subsequently revoked. More impor- comply with EITC due diligence re- of every rule and regulation, can be as- tant, this legislation will allow my quirements from $100 to $500. Unfortu- sured that Uncle Sam will not come State and others to protect the coal nately, about a quarter of EITC returns along and shut them down. and related industry jobs we already include errors and more than a major- Thousands of Kentuckians who work have and grow new ones in the future. ity of EITC returns are prepared by a in coal mining or have jobs dependent I wish to thank my colleague from preparer. This should help ensure that on mining are literally in jeopardy. Kentucky and Senator INHOFE for preparers comply with the due dili- Other industries are at risk also. Farm- standing alongside me on this matter gence requirements. ers, developers, the transportation in- that is so important to our States but This legislation will help those who dustry, and others also need permits also to the country as a whole. This is most need our help. It will put more from the EPA to continue to operate. not just a Kentucky issue. We think money in their pay check. We need to They, too, could see these permits re- our bill strikes a fair balance toward invest in our families and help individ- voked. conserving the best of America’s nat- uals who want to make a living by The EPA has turned the permitting ural beauty while also building toward working. I urge my colleagues to sup- process into a backdoor means of shut- a brighter future. port an expansion of the EITC. ting down coal mines by sitting on per- The EPA’s mission is important but mits indefinitely, thus removing any so is job creation. Particularly when By Mr. MCCONNELL (for himself, regulatory certainty. What they are unemployment is higher than all of us Mr. PAUL, and Mr. INHOFE): doing is outside the scope of their au- would like, both sides of the equation S. 468. A bill to amend the Federal thority and the law and represents a must be considered. So I look forward Water Pollution Control Act to clarify fundamental departure from the per- to working with my colleagues on both the authority of the Administrator to mitting process as originally envi- sides of the aisle to make the Mining disapprove specifications of disposal sioned by Congress. Jobs Protection Act a law. sites for the discharge of, dredged or That is why I rise today to introduce, Mr. President, I ask unanimous con- fill material, and to clarify the proce- along with my good friends, Senator sent that the text of the bill be printed dure under which a higher review of RAND PAUL and Senator JAMES INHOFE, in the RECORD. specifications may be requested; to the the Mining Jobs Protection Act in the There being no objection, the text of Committee on Environment and Public Senate. the bill was ordered to be printed in Works. This bill will tell the EPA to ‘‘use it the RECORD, as follows: Mr. MCCONNELL. Mr. President, my or lose it’’ when deciding whether to S. 468 friend and colleague from Kentucky, invoke its veto authority of a 404 per- Be it enacted by the Senate and House of Rep- Senator PAUL, and I would like at this mit within a reasonable timeframe, resentatives of the United States of America in time to address the Senate about a bill giving permit applicants the certainty Congress assembled, we are introducing. they need to do business. SECTION 1. SHORT TITLE. Coal is an enormously vital sector of The bill would ensure that all 404 per- This Act may be cited as the ‘‘Mining Jobs Kentucky’s economy. More than 200,000 mits move forward to be either ap- Protection Act’’. jobs in my State depend on it, includ- proved or rejected, so applicants are SEC. 2. PERMITS FOR DREDGED OR FILL MATE- ing the jobs of approximately 18,000 not left in limbo, unsure how to act. RIAL. coal miners. Coal is tremendously im- Section 404 of the Federal Water Pollution The bill also ensures that EPA can- Control Act (33 U.S.C. 1344) is amended by portant to our country as well. One- not use its veto retroactively. striking subsection (c) and inserting the fol- half of the country’s electricity comes While being fair to permit applicants, lowing: from coal. Yet, as we are faced with a the bill still preserves the EPA’s full ‘‘(c) AUTHORITY OF ADMINISTRATOR TO DIS- weakened economy and high unem- veto authority to protect human APPROVE SPECIFICATIONS.— ployment, an overreaching Environ- health and the environment. ‘‘(1) IN GENERAL.—The Administrator, in mental Protection Agency in Wash- Here is how the legislation would accordance with this subsection, may pro- ington is blocking new jobs for Ken- work. Once the EPA receives the 404 hibit the specification of any defined area as a disposal site, and may deny or restrict the tuckians and Americans by waging a permit, it will have 30 days to deter- use of any defined area for specification as a literal war on coal. mine if it is considering using its veto disposal site, in any case in which the Ad- To mine for coal, coal operators must authority. If the Agency is considering ministrator determines, after notice and op- receive what are called 404 permits. doing so, it must publish that fact in portunity for public hearings and consulta- Those come from the EPA in order to the Federal Register, cite any poten- tion with the Secretary, that the discharge operate. One such mine in southern tial concerns, and detail what must be of those materials into the area will have an West Virginia followed all of the proper done to address those concerns within unacceptable adverse effect on— procedures and got the green light the initial 30 days. The EPA then has ‘‘(A) municipal water supplies; ‘‘(B) shellfish beds and fishery areas (in- from EPA to proceed with operations an additional 30 days, for a total of 2 cluding spawning and breeding areas); back in 2007. months, to invoke its veto authority. If ‘‘(C) wildlife; or But now, 31⁄2 years later, in an un- the Agency does not use its veto au- ‘‘(D) recreational areas. precedented reversal, the EPA has thority within 60 days, the permit ‘‘(2) DEADLINE FOR ACTION.— retroactively ‘‘reinterpreted’’ its au- automatically moves forward and ‘‘(A) IN GENERAL.—The Administrator thority, withdrawn the permit it EPA’s veto authority expires. All per- shall— issued, and shut down the mine. The mits that have already been applied for ‘‘(i) not later than 30 days after the date on EPA’s reinterpretation cost 280 Ameri- would go through this process, ensur- which the Administrator receives from the cans their jobs. Secretary for review a specification proposed ing every permit gets a fair shake. to be issued under subsection (a), provide no- The EPA also announced that 79 of Any permits vetoed prior to the pas- tice to the Secretary of, and publish in the the 404 permit applications still being sage of the bill would be reconsidered Federal Register, a description of any poten- considered would be subject to ‘‘en- by the Army Corps of Engineers. It was tial concerns of the Administrator with re- hanced environmental review’’—‘‘en- important to me that this legislation spect to the specification, including a list of

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All it is say- under subsection (a) from the Secretary, pro- national importance. ing is that the EPA cannot have unlim- vide to the Secretary and the applicant, and ‘‘(B) FAILURE TO OBTAIN CONSENT.—If the ited time to sit on our permits. This is publish in the Federal Register, a statement Administrator or the head of another Fed- saying there have to be rules. of disapproval of the specification pursuant eral agency does not obtain State consent I say this is a first step because I to this subsection, including the reasons for described in subparagraph (A) with respect think the last election was about say- the disapproval. to a permit proposed to be issued under this ing that unelected bureaucrats should ‘‘(B) FAILURE TO ACT.—If the Administrator section, the Administrator or Federal agency not write law. That is what has hap- fails to take any action or meet any deadline may not proceed in seeking higher review of described in subparagraph (A) with respect the permit. pened. The President and many of his to a proposed specification, the Adminis- ‘‘(C) LIMITATION ON ELEVATIONS.—The Ad- supporters have indicated they can’t trator shall have no further authority under ministrator or the head of another Federal get cap and trade through the elected this subsection to disapprove or prohibit agency may request that a permit proposed body, so they are going to go through issuance of the specification. to be issued under this section receive a the back door, through regulations. ‘‘(3) NO RETROACTIVE DISAPPROVAL.— higher level of review by the Secretary not The American people need to stand up ‘‘(A) IN GENERAL.—The authority of the Ad- more than once per permit. ministrator to disapprove or prohibit and say that unelected bureaucrats ‘‘(D) EFFECTIVE DATE.—This paragraph ap- should not and cannot be allowed to issuance of a specification under this sub- plies to permits for which applications are section— submitted under this section on or after Jan- write law. That is essentially what is ‘‘(i) terminates as of the date that is 60 uary 1, 2010.’’. happening now. I think this is a great days after the date on which the Adminis- first step. I compliment the minority trator receives the proposed specification Mr. PAUL. Mr. President, I rise in support of this legislation. I think this leader for bringing this forward, and I from the Secretary for review; and wholeheartedly support it. ‘‘(ii) shall not be used with respect to any is a good first step to reining in an out- specification after issuance of the specifica- of-control, unelected bureaucracy. I By Mr. BEGICH (for himself, Mrs. tion by the Secretary under subsection (a). think the EPA has gone way beyond its MURRAY, Ms. MURKOWSKI, and ‘‘(B) SPECIFICATIONS DISAPPROVED BEFORE mandated duty and is now at the point DATE OF ENACTMENT.—In any case in which, Mrs. BOXER): of stifling industry in our country. We S. 472. A bill to increase the mileage before the date of enactment of this subpara- see this and hear this across the State graph, the Administrator disapproved a spec- reimbursement rate for members of the ification under this subsection (as in effect of Kentucky, as well as across the armed services during permanent on the day before the date of enactment of country. The President doesn’t seem to change of station and to authorize the understand why the country thinks he the Mining Jobs Protection Act) after the transportation of additional motor ve- specification was issued by the Secretary is against business and against hicles of members on change of perma- pursuant to subsection (a)— progress. One can’t be for job creation nent station to or from nonforeign ‘‘(i) the Secretary may— if one is against the job creators. ‘‘(I) reevaluate and reissue the specifica- As the minority leader indicated, we areas outside the continental United tion after making appropriate modifications; have nearly 100,000 jobs and hundreds States; to the Committee on Armed or of thousands of other jobs connected to Services. ‘‘(II) elect not to reissue the specification; Mr. BEGICH. Mr President, last week and coal. This really applies to the rest of the country as well. Over half of the I had the privilege to travel to the ‘‘(ii) the Administrator shall have no fur- Army’s National Training Center to ther authority to disapprove the modified electricity in our country comes from specification or any reissuance of the speci- coal. Over 90 percent of the electricity see the 1st Stryker Brigade Combat fication. in Kentucky comes from coal. Yet we Team from Alaska train. I was amazed ‘‘(C) FINALITY.—An election by the Sec- have mining operations that went at what our soldiers do to prepare for retary under subparagraph (B)(i) shall con- through the process, some of them tak- the defense of our country. stitute final agency action. ing up to 10 years. I think the mine in Despite their upcoming deployment ‘‘(4) APPLICABILITY.—Except as provided in to Afghanistan in May, these Arctic paragraph (3), this subsection applies to each question went through a 10-year process, spent millions of dollars to try to Warriors were not thinking about specification proposed to be issued under themselves. They were thinking about subsection (a) that is pending as of, or re- get started to provide electricity for quested or filed on or after, the date of en- the rest of us. Yet then the EPA comes their families. Over and over I heard actment of the Mining Jobs Protection Act’’. in at the last minute. how important their family’s security SEC. 3. REVIEW OF PERMITS. There is said to be nearly 200 permits and support system was to them, espe- Section 404(q) of the Federal Water Pollu- out there languishing. I asked the cially as they prepared to deploy. tion Control Act (33 U.S.C. 1344(q)) is amend- question of my staff this morning: How To help out our military families ed— many have been applied for and how today I am pleased to introduce the (1) in the first sentence, by striking ‘‘(q) many have been granted? The EPA Service Members Permanent Change of Not later than’’ and inserting the following: Station Relief Act with my cosponsors ‘‘(q) AGREEMENTS; HIGHER REVIEW OF PER- won’t even tell us that. But from talk- MITS.— ing to those trying to produce the coal, Senator PATTY MURRAY, Senator BAR- ‘‘(1) AGREEMENTS.— to produce the electricity for our coun- BARA BOXER, and Senator LISA MUR- ‘‘(A) IN GENERAL.—Not later than’’; try, they said they can’t get permits. KOWSKI. This bill will improve financial (2) in the second sentence, by striking In fact, there is one coal company in security for our military families by ‘‘Such agreements’’ and inserting the fol- Kentucky that is now suing the Fed- increasing reimbursement for out-of- lowing: eral Government, saying they have pocket expenses they often incur dur- ‘‘(B) DEADLINE.—Agreements described in taken his property. They have effec- ing government directed moves. subparagraph (A)’’; and First, the bill will provide reimburse- (3) by adding at the end the following: tively taken his property because he ‘‘(2) HIGHER REVIEW OF PERMITS.— can’t get a permit. This is a real prob- ment to military families for costs in- ‘‘(A) IN GENERAL.—Subject to subparagraph lem. The average expectancy for get- curred transporting a second car on a (C), before the Administrator or the head of ting a permit in our country now for change of permanent duty station to or another Federal agency requests that a per- all mines is 7 years. from Alaska, Hawaii or Guam. As with mit proposed to be issued under this section We wonder why we are languishing as their counterparts in civilian life, receive a higher level of review by the Sec- we depend on everyone else for our en- many military families today own and retary, the Administrator or other head ergy. We want to be energy inde- rely on a second vehicle to work, take shall— pendent, and we sit on top of some of care of their children and meet day-to- ‘‘(i) consult with the head of the State agency having jurisdiction over aquatic re- our country’s most natural resources day needs of the family. By doing this, sources in each State in which activities in oil and coal. Yet we won’t produce we can save our military families $2,000 under the requested permit would be carried our own. We have to become so in- in personal expenses they pay to trans- out; and volved and there are so many justifica- port a second car.

VerDate Mar 15 2010 03:16 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.052 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 3, 2011 CONGRESSIONAL RECORD — SENATE S1223 Additionally, the bill increases the (1) by striking ‘‘his dependents’’ and in- threats, such as perimeter security, ac- gas mileage reimbursement rate to $.51 serting ‘‘a dependent of the member’’; cess control, theft, internal sabotage, per mile during a move to allow for (2) by striking ‘‘him’’ and inserting ‘‘the and cyber security. compensation of all costs and deprecia- member’’; High-risk chemical facilities covered tion resulting from use of a personal (3) by striking ‘‘his)’’ and inserting ‘‘the member)’’; by the program must conduct manda- vehicle for a government move. (4) by striking ‘‘his new’’ and inserting tory vulnerability assessments, develop Our military families make great ‘‘the member’s new’’; and site security plans, and invest in pro- personal sacrifices for our country. (5) in paragraph (1)(C), as redesignated by tective measures. Providing the Arctic Warriors and subsection (a)— The Department must approve these other military members a little peace (A) by striking ‘‘clauses (1) and (2)’’ and in- assessments and site security plans, of mind about the financial security of serting ‘‘subparagraphs (A) and (B)’’; and using audits and inspections to ensure their families is the least we can do. I (B) by inserting ‘‘or’’ after the semicolon. compliance with the performance ask my colleagues to cosponsor this SEC. 4. EFFECTIVE DATE. standards. The Secretary has strong bill. The amendments made by this Act shall authority to shut down facilities that take effect on January 1, 2012, and apply Mr. President, I ask unanimous con- are non-compliant. sent that the text of the bill be printed with respect to a permanent change of station order issued on or after that date to a This risk-based approach has made in the RECORD. the owners and operators of chemical There being no objection, the text of member of the uniformed services. plants partners with the Federal Gov- the bill was ordered to be printed in By Ms. COLLINS (for herself, Mr. ernment in implementing a successful, the RECORD, as follows: PRYOR, Mr. PORTMAN, and Ms. collaborative security program. S. 472 LANDRIEU): This landmark law has been in place Be it enacted by the Senate and House of Rep- S. 473. A bill to extend the chemical slightly more than four years. Tax- resentatives of the United States of America in Congress assembled, facility security program of the De- payers have invested nearly $300 mil- SECTION 1. SHORT TITLE. partment of Homeland Security, and lion in the program, and chemical This Act may be cited as the ‘‘Service for other purposes; to the Committee plants have invested hundreds of mil- Members Permanent Change of Station Re- on Homeland Security and Govern- lions more to comply with the law. As lief Act’’. mental Affairs. a direct result, security at our Nation’s SEC. 2. MILEAGE REIMBURSEMENT RATE FOR Ms. COLLINS. Mr. President, the law chemical facilities is much stronger MEMBERS OF THE UNIFORMED granting the Federal Government, for today. SERVICES FOR TRAVEL RELATED TO CHANGE OF PERMANENT STATION. the first time, the authority to regu- Now we must reauthorize the pro- Section 404(d)(1)(A) of title 37, United late the security of the Nation’s high- gram. Simply put, the program works States Code, is amended by striking ‘‘mone- est risk chemical facilities is due to ex- and should be extended. tary allowance’’ and all that follows through pire on March 18. We cannot allow this Changing this successful law, as was the period at the end and inserting the fol- to occur. Given the success of this law proposed last year by the House of Rep- lowing: ‘‘monetary allowance in place of the and its vital importance to all Ameri- resentatives in partisan legislation, cost of transportation— ‘‘(i) in the case of a member for whom trav- cans, I am introducing legislation would discard what is working for an el has been authorized in connection with a today with Senators PRYOR, PORTMAN, unproven and burdensome plan. change of a change of permanent station or and LANDRIEU to extend and improve We must not undermine the substan- for travel described in paragraph (2) or (3) of the law. tial investments of time and resources subsection (a), at the business standard mile- More than 70,000 products are created already made in CFATS implementa- age rate set by the Internal Revenue Service through the use of chemicals, helping tion by both DHS and the private sec- pursuant to section 1.274.5(j)(2) of title 26, to supply the consumer, industrial, tor. Worse would be requiring addi- Code of Federal Regulations; and ‘‘(ii) in the case of a member’s dependent construction, and agricultural sectors tional expenditures with no demon- for whom such travel has been authorized, at of our economy. The United States is strable increase to the overall security the rate provided in section 5704 of title 5.’’. home to thousands of facilities that of our Nation. SEC. 3. TRANSPORTATION OF ADDITIONAL manufacture, use, or store chemicals. In the 111th Congress, the Senate and MOTOR VEHICLE OF MEMBERS ON This industry is vital to our econ- the House of Representatives debated a CHANGE OF PERMANENT STATION omy, with annual sales of $725 billion, provision that would alter the funda- TO OR FROM NONFOREIGN AREAS OUTSIDE THE CONTINENTAL exports of $171 billion, and more than mental nature of CFATS. The provi- UNITED STATES. 780,000 employees. sion would have required the Depart- (a) AUTHORITY TO TRANSPORT ADDITIONAL After September 11, 2001, we realized ment to completely rework the pro- MOTOR VEHICLE.—Subsection (a) of section that chemical facilities were vulner- gram. It would have mandated the use 2634 of title 10, United States Code, is amend- able to terrorist attack. Given the haz- ed— of so-called ‘‘inherently safer tech- (1) by striking the sentence following para- ardous chemicals present at many loca- nology,’’ or IST. graph (4); tions, terrorists could view them as at- What is IST? It is an approach to (2) by redesignating paragraphs (1), (2), (3), tractive targets, yielding loss of life, process engineering. It is not, however, and (4) as subparagraphs (A), (B), (C), and significant injuries, and major destruc- a security measure. (D), respectively; tion if successfully attacked. An IST mandate may actually in- (3) by inserting ‘‘(1)’’ after ‘‘(a)’’; and In 2005, as Chairman of the Senate crease or unacceptably transfer risk to (4) by adding at the end the following new Homeland Security and Governmental other points in the chemical process or paragraph: ‘‘(2) One additional motor vehicle of a Affairs Committee, I held a series of elsewhere in the supply chain. member (or a dependent of the member) may hearings on chemical security. Fol- For example, many drinking water be transported as provided in paragraph (1) lowing these hearings, Senators utilities have determined that chlorine if— LIEBERMAN, CARPER, LEVIN, and I intro- remains their best and most effective ‘‘(A) the member is ordered to make a duced bipartisan legislation author- drinking water treatment option. Their change of permanent station to or from a izing the Department of Homeland Se- decisions were not based solely on fi- nonforeign area outside the continental curity to set and enforce security nancial considerations, but also on United States and the member has at least one dependent of driving age who will use standards at high-risk chemical facili- many other factors, such as the charac- the motor vehicle; or ties. That bill was incorporated into teristics of the region’s climate, geog- ‘‘(B) the Secretary concerned determines the homeland security appropriations raphy, and source water supplies, the that a replacement for the motor vehicle act that was signed into law in 2006. size and location of the utility’s facili- transported under paragraph (1) is necessary To implement this new authority, ties, and the risks and benefits of chlo- for reasons beyond the control of the mem- DHS established the Chemical Facility rine use compared to the use of alter- ber and is in the interest of the United Anti-Terrorism Standards program, or native treatment processes. States and the Secretary approves the trans- CFATS. The program sets 18 risk-based According to one water utility lo- portation in advance.’’. (b) TECHNICAL AND CONFORMING AMEND- performance standards that high-risk cated in an isolated area of the north- MENTS.—Such subsection is further amend- chemical facilities must meet. These west United States, if Congress were to ed— security standards cover a range of force it to replace its use of gaseous

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COBURN, Ms. AYOTTE, Mr. ENZI, small business impact before a rule is The greater quantities of chemicals and Mr. BROWN, of Massachu- promulgated, not after. Our legislation, and increased frequency of truck deliv- setts): which is strongly supported by the Na- eries would heighten the risk of an ac- S. 474. A bill to reform the regulatory tional Federation of Independent Busi- cident resulting in a chemical spill process to ensure that small businesses ness, NFIB, would amend the Regu- into the watershed. In fact, the acci- are free to compete and to create jobs, latory Flexibility Act, RFA, the sem- dental release of sodium hypochlorite and for other purposes; to the Com- inal legislation enacted in 1980 that re- into the watershed would likely cause mittee on Homeland Security and Gov- quires Federal agencies to conduct greater harm to soils, vegetation, and ernmental Affairs. small business analyses for any pro- streams than a gaseous chlorine re- Ms. SNOWE. Mr. President, I rise posed or final regulation that would lease in this remote area. today, with Senators COBURN, AYOTTE, impose a significant impact on a sub- Currently, DHS cannot dictate spe- ENZI, and BROWN of Massachusetts, to stantial number of small firms. cific security measures, like IST. Nor introduce the Small Business Regu- The first provision in our bill would should it. The Federal Government latory Freedom Act of 2011, a vital enhance these small business analyses, should set performance standards, but measure that will help ensure that the by requiring agencies to draw in rules leave it up to the private sector to de- federal government fully consider with foreseeable ‘‘indirect’’ economic cide precisely how to achieve those small business job creation in the bills effects under the definition of rules standards. we pass here in Congress and in the covered by the RFA. Such rules are Forcing chemical facilities to imple- rules and regulations that agencies currently exempt from the RFA, which ment IST could cost jobs at some fa- promulgate. currently only applies to ‘‘direct’’ eco- cilities and affect the availability of As the former Chair and now Rank- nomic impact. The RFA has already many vital products. ing Member of the Senate Committee saved billions for small businesses by Last year, the Society of Chemical on Small Business and Entrepreneur- forcing government regulators to be Manufacturers and Affiliates testified ship, I believe there is no more urgent sensitive to their direct impact on that mandatory IST would restrict the imperative than job creation in our small firms. If billions of dollars can be production of pharmaceuticals and country. For the past 21 months, the filtered out of direct regulatory man- microelectronics, hobbling these indus- unemployment rate has stood at 9 per- dates upon small business while im- tries. The increased cost of a manda- cent or above. We cannot allow these proving workplace safety and environ- tory IST program may force chemical outrageous levels of unemployment to mental conditions, even more can be companies to simply transfer their op- become the new normal. Therefore, it saved by filtering out unnecessary or erations overseas, costing American is essential that we focus like a laser duplicative costs to those small busi- workers thousands of jobs. on jumpstarting our economy. Now is nesses indirectly impacted by regula- To be clear, some owners and opera- the time to tear down barriers to job tion. tors of chemical facilities may choose creation, not build them higher. The bill would also expand judicial to use IST. But that decision should be Unfortunately, recent data suggests review requirements currently in the theirs—not Washington’s. Congress that not only is this administration RFA to allow small entities to seek re- should not dictate specific industrial failing to tear down barriers to small view and an injunction at the proposed processes under the guise of security business job creation, but rather is ac- rule stage if agencies fail to fully con- when a facility could choose other al- tively constructing new obstacles. In sider small business impact as they are ternatives that meet the Nation’s secu- fiscal year 2010 alone, this administra- required to by law. This will help to en- rity needs. tion embarked on nothing short of reg- sure that federal agencies complete Last July, the Homeland Security ulatory rampage, stampeding over meaningful initial analyses under the Committee unanimously approved bi- small business, through the promulga- RFA. Currently, small entities can partisan legislation I authored with tion of 43 new major regulations pro- only seek review on the date of the Senators PRYOR, VOINOVICH, and mulgated in fiscal year 2010, imposing final regulatory action. LANDRIEU to extend CFATS for three $26.5 billion in new regulatory compli- In addition, our legislation would more years. ance costs, and that’s on top of the amend and clarify the requirements Additionally, the bill would have es- $1.75 trillion in annual compliance under the RFA for the periodic review tablished voluntary exercise and train- costs that the SBA Office of Advocacy of rules. Many questions have arisen as ing programs to improve collaboration recently reported. a result of the ambiguous language in with the private sector and state and Simply put, this is unacceptable. Too the RFA that have caused some confu- local communities under the CFATS often, the Federal Government con- sion as to what rules require periodic program; created a voluntary technical siders the regulatory impact on small review and when. Our bill clarifies the assistance program; and created a firms merely as an afterthought rather requirements for ‘‘periodic review’’ chemical facility security best prac- than a top priority. In my recent street under Section 610 of the RFA so that tices clearinghouse and private sector tours and meetings in Maine, aside both existing rules and rules that are advisory board at DHS to assist in the from taxes, small businesses complain promulgated after enactment of the implementation of CFATS. most about the onerous regulations Small Business Regulatory Freedom Today, along with Senators PRYOR, emanating from every agency, every Act of 2011 are periodically reviewed PORTMAN, and LANDRIEU, I am reintro- sphere of Washington, DC. Consider within 10 years and every ten years ducing this bill. The Continuing Chem- that, according to the U.S. Chamber of thereafter. Along with each review, an ical Facilities Antiterrorism Security Commerce, the health reform law, agency must also create and update Act of 2011 is a straight-forward, com- which I opposed, mandates 41 separate small business compliance guides to as- mon-sense reauthorization of the rulemakings, at least 100 additional sist small businesses comply with that CFATS program. regulatory guidance documents, and agencies regulations. The requirements I am conscious of the risks our Na- 129 reports. What’s most alarming, of periodic review would also apply to tion faces through an attack on a small firms with fewer than 20 employ- these compliance guides and must be chemical facility. That is why I au- ees bear a disproportionate burden of updated when the rule is reviewed. thored this law in the first place and complying with federal regulations, Unfortunately, past efforts to en- battled considerable opposition to get paying an annual regulatory cost of courage agencies to periodically review it enacted. We should support the con- $10,585 per employee, which is 36 per- their regulations have failed because of

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If the Chief Counsel ready imposed on small firms by the tion’s small businesses and their em- for the SBA Office of Advocacy deter- agency. ployees are provided with much needed mines that an agency has failed to con- Second, the bill would require federal relief. duct the necessary periodic review of a agencies to notify the Chief Counsel for Mr. President, I ask unanimous con- rule, then that rule will sunset and the SBA Office Advocacy about any sent that the text of the bill be printed cease to have effect. draft rule that will trigger an RFA in the RECORD. Moreover, the bill would expand the analysis when the agency submits the There being no objection, the addi- small business review panel process re- draft rule to OMB’s Office of Informa- tional material was ordered to be quirement, SBREFA panels, to apply tion and Regulatory Affairs, OIRA. printed in the RECORD, as follows: to all agencies. These panels currently Third, our legislation would S. 474 only apply to the Environmental Pro- strengthen final regulatory flexibility Be it enacted by the Senate and House of Rep- tection Agency, EPA, Occupational analyses under RFA. Currently, small resentatives of the United States of America in Congress assembled, Safety and Health Administration, business analyses in final rules are only required to produce a summary SECTION 1. SHORT TITLE; TABLE OF CONTENTS. OSHA, and, thanks to an amendment (a) SHORT TITLE.—This Act may be cited as that I included in the Wall Street Re- analysis, general statement, or expla- the ‘‘Small Business Regulatory Freedom form legislation, the new Consumer Fi- nation regarding a rule’s effect on Act of 2011’’. nancial Protection Bureau, CFPB. small entities. In practice this has al- (b) TABLE OF CONTENTS.—The table of con- These panels have worked well at EPA lowed agencies to avoid an in depth tents of this Act is as follows: and OSHA since 1996, so why not apply analysis of a rule’s effect. Our legisla- Sec. 1. Short title; table of contents. tion would enhance reporting so an Sec. 2. Findings. this stipulation to every federal agen- Sec. 3. Including indirect economic impact cy, so small businesses are considered agency must include a detailed anal- in small entity analyses. first, and not as an afterthought? ysis. It also would require the promul- Sec. 4. Judicial review to allow small enti- Furthermore, our bill would extend gating agency to publish the entire ties to challenge proposed regu- the RFA to informal agency guidance final analysis on its web site and in the lations. documents, so that Federal agencies Federal Register. Sec. 5. Periodic review and sunset of exist- Our bill will also ensure that before ing rules. must conduct small business economic Sec. 6. Requiring small business review pan- analyses before publishing informal an agency certifies that a proposed rule els for all agencies. guidance documents. Many agencies, will not impose an economic impact on Sec. 7. Expanding the Regulatory Flexi- including the OSHA, have repeatedly small business, it must first determine bility Act to agency guidance subverted the rulemaking process the average cost of the rule for small documents. through the use of guidance documents entities affected or reasonably pre- Sec. 8. Requiring the Internal Revenue Serv- or ‘‘reinterpretations’’ so that they sumed to be affected; the number of ice to consider small entity impact. don’t have to adhere to their RFA obli- small firms affected or presumed to be Sec. 9. Mitigating penalties on small enti- gations, including small business re- affected; and the number of affected ties. view panels—this provision will help to small entities for which the cost of the Sec. 10. Requiring more detailed small enti- end that practice. rule will be significant. Also, before a ty analyses. This legislation also seeks to clarify certification statement can be pub- Sec. 11. Ensuring that agencies consider language included in the RFA that has lished the agency must send a copy of small entity impact during the rulemaking process. led to a great deal of confusion regard- the certification to, and consult with, Sec. 12. Qualifications of the Chief Counsel ing RFA applicability to the IRS, and the Chief Counsel for Advocacy on the for Advocacy and authority for would once and for all ensure that in- accuracy of the certification and state- the Office of Advocacy . deed the IRS is covered under the RFA ment. Sec. 13. Technical and conforming amend- ending the longstanding practice of the Finally, the bill will clarify that the ments. IRS utilizing some unprecedented in- Chief Counsel for the SBA Office of Ad- SEC. 2. FINDINGS. terpretations to circumvent compli- vocacy to be an attorney with exper- Congress finds the following: tise or knowledge of the regulatory (1) A vibrant and growing small business ance with the RFA—this bill closes sector is critical to the recovery of the econ- those loopholes. For example, the IRS process. This will ensure that the omy of the United States. has argued that paperwork require- President nominates a qualified indi- (2) Regulations designed for application to ments are mandated by Congress and vidual who will be the most effective large-scale entities have been applied uni- thus it is Congress that is creating the advocate for small business possible. formly to small businesses and other small requirement, not the IRS. Our bill We also provide additional powers to entities, sometimes inhibiting the ability of would clarify the definitions so the IRS the Chief Counsel by allowing him or small entities to create new jobs. and other agencies can no longer dodge her to comment on any regulatory ac- (3) Uniform Federal regulatory and report- tion, not just during the notice and ing requirements in many instances have im- conducting its RFA obligations. posed on small businesses and other small Our bill will also update a dormant comment rulemaking process. In the entities unnecessary and disproportionately provision of the Small Business Regu- past, the Office of Advocacy has re- burdensome demands, including legal, ac- latory Enforcement Fairness Act, fused to weigh in on matters outside counting, and consulting costs, thereby SBREFA, by requiring that federal the rulemaking process—e.g., guidance threatening the viability of small entities agencies review existing penalty struc- documents—citing a lack of authority and the ability of small entities to compete tures within 6 months of enactment to do so. and create new jobs in a global marketplace. and every two years thereafter to miti- In a November 2010 Senate Small (4) Since 1980, Federal agencies have been gate penalty provisions on small firms. Business Committee hearing, it was required to recognize and take account of noted that if there were a 30 percent the differences in the scale and resources of Too often agencies, like OSHA, set or regulated entities, but in many instances update their penalty structures with- cut in regulatory costs, an average 10- have failed to do so. out considering small business eco- person firm would save, on average (5) In 2009, there were nearly 70,000 pages in nomic impact. Our provision should nearly $32,000, enough to hire one addi- the Federal Register, and, according to re- end this practice. tional person. There is no doubt, reduc- search by the Office of Advocacy of the Strengthening how Federal agencies ing the regulatory burden on American Small Business Administration, the annual execute their small business analyses small businesses will create jobs. After cost of Federal regulations totals is also a central requirement for real 21 straight months with unemployment $1,750,000,000,000. Small firms bear a dis- at or above nine percent, it is more im- proportionate burden, paying approximately reform. This legislation will accom- 36 percent more per employee than larger plish this goal through three funda- perative than ever that we finally lib- firms in annual regulatory compliance costs. mental reforms: erate American small businesses from (6) All agencies in the Federal Government First, it would require a calculation the regulatory burden holding them should fully consider the costs, including in- of the additional cumulative impact down. direct economic impacts and the potential

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INCLUDING INDIRECT ECONOMIC IMPACT lished under paragraph (1) at any time by ‘‘(B) in the case of an agency that is not an IN SMALL ENTITY ANALYSES. publishing the amendment in the Federal independent regulatory agency (as defined in Section 601 of title 5, United States Code, Register and on the Web site of the agency. section 3502(5) of title 44), the Administrator is amended by adding at the end the fol- ‘‘(b)(1) Each plan established under sub- of the Office of Information and Regulatory lowing: section (a) shall provide for— Affairs of the Office of Management and ‘‘(9) the term ‘economic impact’ means, ‘‘(A) the review of each rule and small enti- Budget. with respect to a proposed or final rule— ty compliance guide described in subsection ‘‘(2) Each report required under paragraph ‘‘(A) any direct economic effect of the rule (a)(1) in effect on the date of enactment of (1) shall include a description of any rule or on small entities; and the Small Business Regulatory Freedom Act guide with respect to which the agency made ‘‘(B) any indirect economic effect on small of 2011— a determination of infeasibility under para- entities, including potential job creation or ‘‘(i) not later than 8 years after the date of graph (5) or (6) of subsection (c), together job loss, that is reasonably foreseeable and publication of the plan in the Federal Reg- with a detailed explanation of the reasons that results from the rule, without regard to ister; and for the determination. whether small entities are directly regulated ‘‘(ii) every 8 years thereafter; and ‘‘(e) Each agency shall publish in the Fed- by the rule.’’. ‘‘(B) the review of each rule adopted and eral Register and on the Web site of the SEC. 4. JUDICIAL REVIEW TO ALLOW SMALL EN- small entity compliance guide described in agency a list of the rules and small entity TITIES TO CHALLENGE PROPOSED subsection (a)(1) that is published after the compliance guides to be reviewed under the REGULATIONS. date of enactment of the Small Business plan required under subsection (a) that in- Section 611(a) of title 5, United States Regulatory Freedom Act of 2011— cludes— Code, is amended— ‘‘(i) not later than 8 years after the publi- ‘‘(1) a brief description of each rule or (1) in paragraph (1), by inserting ‘‘603,’’ cation of the final rule in the Federal Reg- guide; after ‘‘601,’’; ister; and ‘‘(2) for each rule, the reason why the head (2) in paragraph (2), by inserting ‘‘603,’’ ‘‘(ii) every 8 years thereafter. of the agency determined that the rule has a after ‘‘601,’’; ‘‘(2)(A) If an agency determines that the significant economic impact on a substantial (3) by striking paragraph (3) and inserting review of the rules and guides described in number of small entities (without regard to the following: paragraph (1)(A) cannot be completed before whether the agency had prepared a final reg- ‘‘(3) A small entity may seek such review the date described in paragraph (1)(A)(i), the ulatory flexibility analysis for the rule); and during the 1-year period beginning on the agency— ‘‘(3) a request for comments from the pub- date of final agency action, except that— ‘‘(i) shall publish a statement in the Fed- lic, the Chief Counsel for Advocacy of the ‘‘(A) if a provision of law requires that an eral Register certifying that the review can- Small Business Administration, and the Reg- action challenging a final agency action be not be completed; and ulatory Enforcement Ombudsman con- commenced before the expiration of 1 year, ‘‘(ii) may extend the period for the review cerning the enforcement of the rules or pub- the lesser period shall apply to an action for of the rules and guides described in para- lication of the guides. judicial review under this section; and graph (1)(A) for a period of not more than 2 ‘‘(f)(1) With respect to each agency, not ‘‘(B) in the case of noncompliance with sec- years, if the agency publishes notice of the later than 6 months after each date described tion 603 or 605(b), a small entity may seek ju- extension in the Federal Register. in subsection (b)(1), the Chief Counsel for Ad- dicial review of agency compliance with such ‘‘(B) An agency shall transmit to the Chief vocacy of the Small Business Administration section before the close of the public com- Counsel for Advocacy of the Small Business shall determine whether the agency has comment period.’’; and Administration and Congress notice of any pleted the review required under subsection (4) in paragraph (4)— statement or notice described in subpara- (b). (A) in subparagraph (A), by striking ‘‘, graph (A). ‘‘(2) If, after a review under paragraph (1), and’’ and inserting a semicolon; ‘‘(c) In reviewing rules under the plan re- the Chief Counsel for Advocacy of the Small (B) in subparagraph (B), by striking the pe- quired under subsection (a), the agency shall Business Administration determines that an riod and inserting ‘‘; or’’; and consider— agency has failed to complete the review re- (C) by adding at the end the following: ‘‘(1) the continued need for the rule; quired under subsection (b), each rule issued ‘‘(C) issuing an injunction prohibiting an ‘‘(2) the nature of complaints received by by the agency that the head of the agency agency from taking any agency action with the agency from small entities concerning determined under subsection (a) has a sig- respect to a rulemaking until that agency is the rule; nificant economic impact on a substantial in compliance with the requirements of sec- ‘‘(3) comments by the Regulatory Enforce- number of small entities shall immediately tion 603 or 605.’’. ment Ombudsman and the Chief Counsel for cease to have effect.’’. SEC. 5. PERIODIC REVIEW AND SUNSET OF EXIST- Advocacy of the Small Business Administra- SEC. 6. REQUIRING SMALL BUSINESS REVIEW ING RULES. tion; PANELS FOR ALL AGENCIES. Section 610 of title 5, United States Code, ‘‘(4) the complexity of the rule; (a) AGENCIES.—Section 609 of title 5, United is amended to read as follows: ‘‘(5) the extent to which the rule overlaps, States Code, is amended— ‘‘§ 610. Periodic review of rules duplicates, or conflicts with other Federal (1) in subsection (b), by striking ‘‘a covered ‘‘(a)(1) Not later than 180 days after the rules and, unless the head of the agency de- agency’’ each place it appears and inserting date of enactment of the Small Business termines it to be infeasible, State and local ‘‘an agency’’; and Regulatory Freedom Act of 2011, each agency rules; (2) in subsection (e)(1), by striking ‘‘the shall establish a plan for the periodic review ‘‘(6) the contribution of the rule to the cu- covered agency’’ and inserting ‘‘the agency’’. of— mulative economic impact of all Federal (b) TECHNICAL AND CONFORMING AMEND- ‘‘(A) each rule issued by the agency that rules on the class of small entities affected MENTS.— the head of the agency determines has a sig- by the rule, unless the head of the agency de- (1) SECTION 609.—Section 609 of title 5, nificant economic impact on a substantial termines that such a calculation cannot be United States Code, is amended— number of small entities, without regard to made; (A) by striking subsection (d), as amended whether the agency performed an analysis ‘‘(7) the length of time since the rule has by section 1100G(a) of Public Law 111–203 (124 under section 604 with respect to the rule; been evaluated, or the degree to which tech- Stat. 2112); and and nology, economic conditions, or other fac- (B) by redesignating subsection (e) as sub- ‘‘(B) any small entity compliance guide re- tors have changed in the area affected by the section (d). quired to be published by the agency under rule; and (2) SECTION 603.—Section 603(d) of title 5, section 212 of the Small Business Regulatory ‘‘(8) the impact of the rule, including— United States Code, as added by section Enforcement Fairness Act of 1996 (5 U.S.C. ‘‘(A) the estimated number of small enti- 1100G(b) of Public Law 111–203 (124 Stat. 2112), 601 note). ties to which the rule will apply; is amended—

VerDate Mar 15 2010 03:16 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 3, 2011 CONGRESSIONAL RECORD — SENATE S1227 (A) in paragraph (1), by striking ‘‘a covered ‘‘(B) the Committee on Small Business and ‘‘(2) publish in the Federal Register the agency, as defined in section 609(d)(2)’’ and the Committee on the Judiciary of the House final regulatory flexibility analysis, or a inserting ‘‘the Bureau of Consumer Financial of Representatives.’’. summary of the analysis that includes the Protection’’; and SEC. 10. REQUIRING MORE DETAILED SMALL EN- telephone number, mailing address, and ad- (B) in paragraph (2), by striking ‘‘A cov- TITY ANALYSES. dress of the Web site where the complete ered agency, as defined in section 609(d)(2),’’ (a) INITIAL REGULATORY FLEXIBILITY ANAL- final regulatory flexibility analysis may be and inserting ‘‘The Bureau of Consumer Fi- YSIS.—Section 603 of title 5, United States obtained.’’. nancial Protection’’. Code, as amended by section 1100G(b) of Pub- (c) CROSS-REFERENCES TO OTHER ANAL- (3) SECTION 604.—Section 604(a) of title 5, lic Law 111–203 (124 Stat. 2112), is amended— YSES.—Section 605(a) of title 5, United States United States Code, is amended— (1) by striking subsection (b) and inserting Code, is amended to read as follows: (A) by redesignating the second paragraph the following: ‘‘(a) A Federal agency shall be deemed to designated as paragraph (6) (relating to cov- ‘‘(b) Each initial regulatory flexibility ered agencies), as added by section have satisfied a requirement regarding the analysis required under this section shall content of a regulatory flexibility agenda or 1100G(c)(3) of Public Law 111–203 (124 Stat. contain a detailed statement— 2113), as paragraph (7); and regulatory flexibility analysis under section ‘‘(1) describing the reasons why action by 602, 603, or 604, if the Federal agency provides (B) in paragraph (7), as so redesignated— the agency is being considered; (i) by striking ‘‘a covered agency, as de- in the agenda or regulatory flexibility anal- ‘‘(2) describing the objectives of, and legal ysis a cross-reference to the specific portion fined in section 609(d)(2)’’ and inserting ‘‘the basis for, the proposed rule; Bureau of Consumer Financial Protection’’; of an agenda or analysis that is required by ‘‘(3) estimating the number and type of another law and that satisfies the require- and small entities to which the proposed rule (ii) by striking ‘‘the agency’’ and inserting ment under section 602, 603, or 604.’’. will apply; ‘‘the Bureau’’. (d) CERTIFICATIONS.—Section 605(b) of title ‘‘(4) describing the projected reporting, (4) EFFECTIVE DATE.—The amendments 5, United States Code, is amended, in the sec- recordkeeping, and other compliance re- made by this subsection shall take effect on ond sentence, by striking ‘‘statement pro- quirements of the proposed rule, including the date of enactment of this Act and apply viding the factual’’ and inserting ‘‘detailed an estimate of the classes of small entities on and after the designated transfer date es- statement providing the factual and legal’’. which will be subject to the requirement and tablished under section 1062 of Public Law the type of professional skills necessary for (e) QUANTIFICATION REQUIREMENTS.—Sec- 111–203 (12 U.S.C. 5582). preparation of the report and record; tion 607 of title 5, United States Code, is SEC. 7. EXPANDING THE REGULATORY FLEXI- amended to read as follows: BILITY ACT TO AGENCY GUIDANCE ‘‘(5) describing all relevant Federal rules DOCUMENTS. which may duplicate, overlap, or conflict ‘‘§ 607. Quantification requirements Section 601(2) of title 5, United States with the proposed rule, or the reasons why Code, is amended by inserting after ‘‘public such a description could not be provided; and ‘‘In complying with sections 603 and 604, an comment’’ the following: ‘‘and any signifi- ‘‘(6) estimating the additional cumulative agency shall provide— cant guidance document, as defined in the economic impact of the proposed rule on ‘‘(1) a quantifiable or numerical descrip- Office of Management and Budget Final Bul- small entities, including job creation and tion of the effects of the proposed or final letin for Agency Good Guidance Procedures employment by small entities, beyond that rule, including an estimate of the potential (72 Fed. Reg. 3432; January 25, 2007)’’. already imposed on the class of small enti- for job creation or job loss, and alternatives SEC. 8. REQUIRING THE INTERNAL REVENUE ties by the agency, or the reasons why such to the proposed or final rule; or SERVICE TO CONSIDER SMALL ENTI- an estimate is not available.’’; and ‘‘(2) a more general descriptive statement TY IMPACT. (2) by adding at the end the following: regarding the potential for job creation or (a) IN GENERAL.—Section 603(a) of title 5, ‘‘(e) An agency shall notify the Chief Coun- job loss and a detailed statement explaining United States Code, is amended, in the fifth sel for Advocacy of the Small Business Ad- why quantification under paragraph (1) is sentence, by striking ‘‘but only’’ and all that ministration of any draft rules that may not practicable or reliable.’’. follows through the period at the end and in- have a significant economic impact on a sub- SEC. 11. ENSURING THAT AGENCIES CONSIDER serting ‘‘but only to the extent that such in- stantial number of small entities— SMALL ENTITY IMPACT DURING THE terpretative rules, or the statutes upon ‘‘(1) when the agency submits a draft rule RULEMAKING PROCESS. which such rules are based, impose on small to the Office of Information and Regulatory entities a collection of information require- Section 605(b) of title 5, United States Affairs of the Office of Management and Code, is amended— ment or a recordkeeping requirement.’’. Budget under Executive Order 12866, if that (b) DEFINITIONS.—Section 601 of title 5, (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and order requires the submission; or United States Code, as amended by section 3 (2) by adding at the end the following: ‘‘(2) if no submission to the Office of Infor- of this Act, is amended— ‘‘(2) If, after publication of the certifi- mation and Regulatory Affairs is required— (1) in paragraph (6), by striking ‘‘and’’ at cation required under paragraph (1), the head ‘‘(A) a reasonable period before publication the end; and of the agency determines that there will be of the rule by the agency; and (2) by striking paragraphs (7) and (8) and a significant economic impact on a substan- ‘‘(B) in any event, not later than 3 months inserting the following: tial number of small entities, the agency before the date on which the agency pub- ‘‘(7) the term ‘collection of information’ shall comply with the requirements of sec- lishes the rule.’’. has the meaning given that term in section tion 603 before the publication of the final (b) FINAL REGULATORY FLEXIBILITY ANAL- 3502(3) of title 44; rule, by— YSIS.— ‘‘(8) the term ‘recordkeeping requirement’ ‘‘(A) publishing an initial regulatory flexi- (1) IN GENERAL.—Section 604(a) of title 5, has the meaning given that term in section bility analysis for public comment; or United States Code, is amended— 3502(13) of title 44; and’’. ‘‘(B) re-proposing the rule with an initial (A) by inserting ‘‘detailed’’ before ‘‘de- SEC. 9. MITIGATING PENALTIES ON SMALL ENTI- regulatory flexibility analysis. TIES. scription’’ each place it appears; ‘‘(3) The head of an agency may not make Section 223 of the Small Business Regu- (B) in paragraph (2)— a certification relating to a rule under this latory Enforcement Fairness Act of 1996 (i) by inserting ‘‘detailed’’ before ‘‘state- subsection, unless the head of the agency has (Public Law 104–121; 110 Stat. 862) is amended ment’’ each place it appears; and by adding at the end the following: (ii) by inserting ‘‘(or certification of the determined— ‘‘(d) REVIEW OF POLICIES AND PROGRAMS.— proposed rule under section 605(b))’’ after ‘‘(A) the average cost of the rule for small ‘‘(1) REVIEW REQUIRED.—Not later than 6 ‘‘initial regulatory flexibility analysis’’; entities affected or reasonably presumed to months after the date of enactment of this (C) in paragraph (4), by striking ‘‘an expla- be affected by the rule; subsection, and every 2 years thereafter, nation’’ and inserting ‘‘a detailed expla- ‘‘(B) the number of small entities affected each agency regulating the activities of nation’’; and or reasonably presumed to be affected by the small entities shall review the policy or pro- (D) in paragraph (6) (relating to a descrip- rule; and gram established by the agency under sub- tion of steps taken to minimize significant ‘‘(C) the number of affected small entities section (a) and make any modifications to economic impact), as added by section 1601 of for which that cost will be significant. the policy or program necessary to comply the Small Business Jobs Act of 2010 (Public ‘‘(4) Before publishing a certification and a with the requirements under this section. Law 111–240; 124 Stat. 2251), by inserting ‘‘de- statement providing the factual basis for the ‘‘(2) REPORT.—Not later than 6 months tailed’’ before ‘‘statement’’. certification under paragraph (1), the head of after the date of enactment of this sub- (2) PUBLICATION OF ANALYSIS ON WEB SITE, an agency shall— section, and every 2 years thereafter, each ETC.—Section 604(b) of title 5, United States ‘‘(A) transmit a copy of the certification agency described in paragraph (1) shall sub- Code, is amended to read as follows: and statement to the Chief Counsel for Advo- mit a report on the review and modifications ‘‘(b) The agency shall— cacy of the Small Business Administration; required under paragraph (1) to— ‘‘(1) make copies of the final regulatory and ‘‘(A) the Committee on Small Business and flexibility analysis available to the public, ‘‘(B) consult with the Chief Counsel for Ad- Entrepreneurship and the Committee on including by publishing the entire final regu- vocacy of the Small Business Administration Homeland Security and Governmental Af- latory flexibility analysis on the Web site of on the accuracy of the certification and fairs of the Senate; and the agency; and statement.’’.

VerDate Mar 15 2010 03:16 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1228 CONGRESSIONAL RECORD — SENATE March 3, 2011 SEC. 12. QUALIFICATIONS OF THE CHIEF ditions, kidney failure, osteoporosis, other words, if you get sick, you get COUNSEL FOR ADVOCACY AND AU- infertility, gastrointestinal disorders, treatment. But we spend just pennies THORITY FOR THE OFFICE OF ADVO- CACY. and even death. The National Institute on the dollar to prevent disease and ill- (a) QUALIFICATIONS OF CHIEF COUNSEL FOR of Mental Health estimates that one in ness in the first place and need to place ADVOCACY.—Section 201 of Public Law 94–305 10 people with anorexia nervosa will die a much more robust emphasis on (15 U.S.C. 634a) is amended by adding at the of starvation, cardiac arrest, or some wellness, nutrition, physical activity, end the following: ‘‘The Chief Counsel for other medical complication. Let me re- and public health. With this in mind, Advocacy shall be an attorney with business peat that—one in 10. That is deeply dis- the FREED Act authorizes funds to de- experience and expertise in or knowledge of the regulatory process.’’. turbing, and demands a much more ag- velop and implement evidence-based (b) ADDITIONAL POWERS OF OFFICE OF ADVO- gressive federal response. Moreover, fa- prevention programs and promote CACY.—Section 203 of Public Law 94–305 (15 talities resulting from eating disorders healthy eating behaviors in schools, U.S.C. 634c) is amended— are grossly underreported, because athletic programs, and other commu- (1) in paragraph (5), by striking ‘‘and’’ at deaths are typically recorded by listing nity-based programs, where we can the end; the immediate cause of death, such as reach Americans at risk of developing (2) in paragraph (6), by striking the period cardiac arrest, rather than the under- these conditions. at the end and inserting ‘‘; and’’; and lying cause, which is the eating dis- Eating disorders touch the lives of so (3) by inserting after paragraph (6) the following: order. many of us and our families and ‘‘(7) at the discretion of the Chief Counsel Nonetheless, despite the prevalence friends; nearly half of all Americans for Advocacy, comment on regulatory action and very serious health impacts of eat- personally know someone with an eat- by an agency that affects small businesses, ing disorders, we simply do not know ing disorder. We must do a better job without regard to whether the agency is re- enough about the causes of eating dis- at the federal level of conducting required to file a notice of proposed rule- orders, or how to stop them from devel- search, understanding treatment, and making under section 553 of title 5, United oping in the first place. Research sug- preventing these conditions. The States Code, with respect to the action.’’. gests a genetic component to eating FREED Act builds on the investments SEC. 13. TECHNICAL AND CONFORMING AMEND- we made in prevention, wellness, and MENTS. disorders, but we must learn more in (a) HEADING.—Section 605 of title 5, United order to effectively prevent these dead- mental health in the Affordable Care States Code, is amended in the section head- ly conditions before they start. Act and mental health parity. Millions ing by striking ‘‘Avoidance’’ and all that fol- The good news is that eating dis- of American will benefit from our at- lows and inserting the following: orders are treatable. With appropriate tention to this significant public ‘‘Incorporations by reference and certifi- nutritional, medical, and psycho- health problem. cation.’’. therapeutic interventions, those who I thank Senators KLOBUCHAR and (b) TABLE OF SECTIONS.—The table of sec- suffer from eating disorders can be suc- FRANKEN for partnering with me on the tions for chapter 6 of title 5, United States reintroduction of this bill, and urge our Code, is amended— cessfully and fully treated and go on to (1) by striking the item relating to section live full and healthy lives. But right colleagues to join us in supporting this 605 and inserting the following: now, only one in 10 people receive important federal response to eating ‘‘605. Incorporations by reference and certifi- treatment. We know how to help people disorders. cations.’’; and with eating disorders and we need a re- Mr. President, I ask unanimous con- (2) by striking the item relating to section newed commitment to do just that. sent that the text of the bill be printed 607 inserting the following: The FREED Act takes an important in the RECORD. ‘‘607. Quantification requirements.’’. step forward in authorizing resources There being no objection, the text of for research, screening, treatment, and the bill was ordered to be printed in By Mr. HARKIN (for himself, Ms. prevention of eating disorders. the RECORD, as follows: KLOBUCHAR, and Mr. FRANKEN): First, the FREED Act expands re- S. 481 S. 481. A bill to enhance and further search efforts at the National Insti- Be it enacted by the Senate and House of Rep- research into the prevention and treat- tutes of Health to examine the causes resentatives of the United States of America in ment of eating disorders, to improve and consequences of eating disorders. Congress assembled, access to treatment of eating disorders, In order to effectively prevent and SECTION 1. SHORT TITLE. and for other purposes; to the Com- treat these conditions, it is imperative This Act may be cited as the ‘‘Federal Re- sponse to Eliminate Eating Disorders Act’’. mittee on Health, Education, Labor, that we understand them. The FREED SEC. 2. FINDINGS. and Pensions. Act also improves surveillance and Congress finds as follows: Mr. HARKIN. Mr. President, today I data collection systems at CDC so that (1) Estimates, based on current research, am pleased to join with Senators we will have accurate information and indicate that at least 5,000,000 people in the KLOBUCHAR and FRANKEN to reintro- epidemiological data on eating dis- United States suffer from eating disorders duce the Federal Response to Elimi- orders. Such surveillance will provide including anorexia nervosa, bulimia nervosa, nating Eating Disorders Act, or the us with the necessary information to binge eating disorder, and eating disorders FREED Act. The FREED Act is a com- be as effective as possible with our not otherwise specified (referred to in this prehensive legislative effort to con- interventions. Act as ‘‘EDNOS’’). (2) Anecdotal evidence suggests that as front eating disorders in the United Second, the FREED Act expands ac- many as 11,000,000 people in the United States, to learn more about their dev- cess to treatment services and screen- States, including 1,000,000 males, may suffer astating impact, and to offer support ing for eating disorders for Medicaid from eating disorders. and care to those who suffer from these beneficiaries, and authorizes funds for (3) Eating disorders occur in all nations illnesses. a patient advocacy network that will and in all populations, and among people of Eating disorders such as anorexia help individuals with eating disorders all ages and races and of both genders. nervosa, bulimia nervosa, and binge find treatment. Furthermore, the (4) Eating disorders are diseases with grave eating disorder are widespread, insid- FREED Act improves the training and health consequences and high rates of mortality. ious, and too often fatal. Today, at education of health care providers and (5) Health consequences associated with least 5 million Americans suffer from educators so they know how to identify eating disorders include heart failure and eating disorders. Because these condi- and treat individuals suffering from other serious cardiac conditions, electrolyte tions often go undiagnosed and unre- eating disorders. Too often, eating dis- imbalance, kidney failure, osteoporosis, de- ported, the actual number may be clos- orders go undiagnosed when health bilitating tooth decay, and gastrointestinal er to 11 million Americans, including 1 care providers lack the necessary disorders, including esophageal inflamma- million males. These disorders don’t training to identify these illnesses. tion and rupture, gastric rupture, peptic ul- discriminate by gender, race, income, Finally, we need to step up crucial ef- cers, and pancreatitis. forts to prevent these disorders from (6) Anorexia nervosa has one of the highest or age. overall mortality rates of any mental illness. Eating disorders are dangerous condi- occurring in the first place. As I have According to the National Institute of Men- tions, though their consequences are said so many times, we don’t have a tal Health, 1 in 10 people with anorexia often underestimated. Eating disorders genuine health care system in Amer- nervosa will die of starvation, cardiac arrest, are associated with serious heart con- ica; we have a sick care system. In or another medical complication.

VerDate Mar 15 2010 03:16 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.056 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 3, 2011 CONGRESSIONAL RECORD — SENATE S1229 (7) The risk of death among adolescents rector, shall expand, intensify, and coordi- nism for making the results and information with anorexia nervosa is 11 times greater nate the activities of the National Institutes generated by the consortia publicly avail- than in disease-free adolescents. of Health with respect to research on eating able, such as through the Internet. (8) Anorexia nervosa has the highest sui- disorders. ‘‘(i) DEFINITION.—For purposes of this sec- cide rate of all mental illnesses. ‘‘(b) GRANTS.—The Director of NIH may tion, the term ‘eating disorder’ has the (9) New research suggests that bulimia award grants to public or private entities to meaning given such term in section 399OO(e). nervosa has a much higher rate of mortality pay all or part of the cost of planning, estab- ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— than is reflected in current statistics, be- lishing, improving, and providing basic oper- To carry out this section, there are author- cause of the failure to identify the under- ating support for such entities to establish ized to be appropriated such sums as may be lying eating disorder. consortia in eating disorder research and to necessary for each of fiscal years 2012 (10) Binge eating disorder is the most com- carry out the activities described in sub- through 2016.’’. mon eating disorder, with an estimated 3.5 section (e). SEC. 102. INTERAGENCY COORDINATING COUN- percent of American women and 2 percent of ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to CIL; SURVEILLANCE AND RESEARCH American men expected to suffer from this receive a grant under this section, an entity PROGRAM; STUDY ON ECONOMIC disorder in their lifetime. Binge eating dis- shall— COST. Title III of the Public Health Service Act order is characterized by frequent episodes of ‘‘(1) be public or nonprofit private entity (42 U.S.C. 241 et seq.) is amended by adding uncontrolled overeating and is associated (including a health department of a State, a at the end the following: with obesity, heart disease, gall bladder dis- political subdivision of a State, or an insti- ease, and diabetes. tution of higher education); and ‘‘PART W—PROGRAMS RELATING TO (11) Research demonstrates that there is a ‘‘(2) submit to the Secretary an application EATING DISORDERS significant genetic component to the devel- at such time, in such manner, and con- ‘‘SEC. 399OO. INTERAGENCY EATING DISORDERS opment of eating disorders. taining such information as the Secretary COORDINATING COUNCIL. (12) Certain populations, including adoles- may require. ‘‘(a) ESTABLISHMENT.—There is established cent females and athletes of both genders, ‘‘(d) REQUIREMENTS OF CONSORTIA.— within the Department of Health and Human are at higher risk of developing an eating ‘‘(1) IN GENERAL.—Each consortium estab- Services the Interagency Eating Disorders disorder. lished as described in subsection (b) may use Coordinating Council (referred to in this sec- (13) Different types of eating disorders may the facilities of a single lead institution, or tion as the ‘Coordinating Council’). affect certain races and genders dispropor- may be formed from several cooperating in- ‘‘(b) RESPONSIBILITIES.—The Coordinating tionately. stitutions, meeting such requirements as Council shall— (14) Despite the serious health con- may be prescribed by the Director of NIH. ‘‘(1) develop and annually update a sum- sequences and the high risk of death, Federal ‘‘(2) COORDINATION OF CONSORTIA.—The Di- mary of advances in eating disorder research research funding for eating disorders has rector of NIH— concerning causes of, prevention of, early lagged behind research concerning other dis- ‘‘(A) may, as appropriate, provide for the screening for, treatment and access to serv- eases, when compared by the number of indi- coordination of information among consortia ices related to, and supports for individuals viduals affected by, and the relative health established under subsection (b); and affected by, eating disorders; consequences of, the diseases. ‘‘(B) shall ensure regular communication ‘‘(2) monitor Federal activities with re- (15) The ability of individuals suffering between members of the various consortia spect to eating disorders; from eating disorders, particularly bulimia established using grants awarded under this ‘‘(3) make recommendations to the Sec- nervosa, binge eating disorder, and EDNOS section. retary regarding any appropriate changes to to access appropriate treatment is unaccept- ‘‘(3) REPORTS.—The Director of NIH shall such activities, and to the Director of NIH, ably low. require each consortium to prepare and sub- with respect to the strategic plan developed (16) The development of an eating disorder mit to such director annual reports on the under paragraph (4); is frequently preceded by unhealthy weight activities of such consortium. ‘‘(4) develop and annually update a stra- control behaviors commonly identified as ‘‘(e) ACTIVITIES.—Each consortium receiv- tegic plan for the conduct of, and support disordered eating, including skipping meals, ing a grant under subsection (b) shall con- for, eating disorder research, including pro- using diet pills, taking laxatives, self-in- duct basic, clinical, epidemiological, popu- posed budgetary recommendations; and duced vomiting, and fasting. Such disordered lation-based, or translational research re- ‘‘(5) submit annually to the Committee on eating behaviors should be included in en- garding eating disorders, which may include Health, Education, Labor, and Pensions of hanced research prevention and training ef- research related to— the Senate and the Committee on Energy forts. ‘‘(1) the identification and classification of and Commerce of the House of Representa- tives the strategic plan developed under SEC. 3. PURPOSES. eating disorders and disordered eating; paragraph (4) and all updates to such plan. The purposes of this Act are— ‘‘(2) the causes, diagnosis, and early detec- ‘‘(c) MEMBERSHIP.— (1) to expand research into the prevention tion of eating disorders; ‘‘(1) CHAIRPERSON.—The Director of NIH of eating disorders; ‘‘(3) the treatment of eating disorders, including the development and evaluation of shall serve as the chairperson of the Coordi- (2) to expand research on effective treat- nating Council and shall be responsible for ment and intervention of eating disorders new treatments and best practices; ‘‘(4) the conditions or diseases related to, the leadership and oversight of the activities and to support evidence-based programs de- of the Coordinating Council. signed to prevent eating disorders; or arising from, an eating disorder; and ‘‘(5) the evaluation of existing prevention ‘‘(2) MEMBERS IN GENERAL.—The Coordi- (3) to expand research on the causes, nating Council shall be composed of— courses, and outcomes of eating disorders; programs and the development of reliable prevention and screening programs. ‘‘(A) representatives of— (4) to increase the number of people prop- ‘‘(i) the Agency for Healthcare Research erly screened and diagnosed with an eating ‘‘(f) COLLABORATION.—The Secretary, acting through the Director of NIH and the Di- and Quality; disorder; ‘‘(ii) the Substance Abuse and Mental (5) to improve training and education of rector of the National Institute of Mental Health, shall identify relevant Federal agen- Health Administration; health care and behavioral care providers ‘‘(iii) the research institutes at the Na- and of school personnel at all levels of ele- cies (including the other institutes and centers of the National Institutes of Health, the tional Institutes of Health, as the Director of mentary and secondary education; NIH determines appropriate; (6) to improve surveillance and data sys- Centers for Medicare & Medicaid Services, the Centers for Disease Control and Preven- ‘‘(iv) the Health Resources and Services tems for tracking the prevalence, severity, Administration; and economic costs of eating disorders; and tion, the Agency for Healthcare Research and Quality, the Substance Abuse and Men- ‘‘(v) the Centers for Medicare & Medicaid (7) to enhance access to comprehensive Services; treatment for eating disorders. tal Health Services Administration, the Health Resources and Services Administra- ‘‘(vi) the Office on Women’s Health; TITLE I—EATING DISORDER DETECTION tion, and the Office on Women’s Health) that ‘‘(vii) the Centers for Disease Control and AND RESEARCH shall collaborate with respect to activities Prevention; SEC. 101. EXPANSION AND COORDINATION OF conducted under subsection (d). ‘‘(viii) the Department of Education; and THE ACTIVITIES OF THE NATIONAL ‘‘(g) PUBLIC INPUT.—The Director of NIH ‘‘(ix) any other Federal agency that the INSTITUTE OF HEALTH AND THE NA- shall provide for a mechanism— chairperson determines is appropriate; and TIONAL INSTITUTE OF MENTAL ‘‘(B) the additional members appointed HEALTH WITH RESPECT TO RE- ‘‘(1) to educate and disseminate informa- SEARCH ON EATING DISORDERS. tion on the existing and planned programs under paragraph (3). Part B of title IV of the Public Health and research activities of the National Insti- ‘‘(3) ADDITIONAL MEMBERS.—Not fewer than Service Act (42 U.S.C. 284 et seq.) is amended tutes of Health with respect to eating dis- 1⁄3 of the total membership of the Coordi- by adding at the end the following: orders; and nating Council shall be composed of non- ‘‘SEC. 409K. EXPANSION AND COORDINATION OF ‘‘(2) through which the Director of NIH Federal public members to be appointed by ACTIVITIES WITH RESPECT TO RE- may receive comments from the public re- the Secretary, including representatives of— SEARCH ON EATING DISORDERS. garding such programs and activities. ‘‘(A) academic medical centers or schools ‘‘(a) IN GENERAL.—The Director of NIH, ‘‘(h) DISSEMINATION OF INFORMATION.—The of medicine, nursing, or other health profes- pursuant to the general authority of such di- Director of NIH shall provide for a mecha- sions;

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Any member data on eating disorders. after-school recreational sports programs, to appointed to fill a vacancy for an unexpired ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— the extent possible. term shall be appointed for the remainder of To carry out this section, there are author- ‘‘(d) REQUIREMENTS OF GRANT RECIPI- such term. A member may serve after the ex- ized to be appropriated such sums as may be ENTS.— piration of the member’s term until a suc- necessary for each of fiscal years 2012 ‘‘(1) LIMITATION ON ADMINISTRATIVE EX- cessor has taken office. through 2016. PENSES.—A recipient of a grant under this ‘‘(3) MEETINGS.— ‘‘SEC. 399OO–2. STUDY REGARDING ECONOMIC section shall not use more than 10 percent of ‘‘(A) IN GENERAL.—The Coordinating Coun- COSTS OF EATING DISORDERS. the amounts received under a grant under cil shall meet at the call of the chairperson ‘‘Not later than 18 months after the date of this section for administrative expenses. or upon the request of the Secretary. The Co- enactment of the Federal Response to Elimi- ‘‘(2) CONTRIBUTION OF FUNDS.—A recipient ordinating Council shall meet not fewer than nate Eating Disorders Act, the Secretary, of a grant under this section, and any entity 2 times each year. acting through the Director of the Centers receiving assistance under the grant for ‘‘(B) NOTICE.—Notice of any upcoming for Disease Control and Prevention, shall training and education, shall contribute non- meeting of the Coordinating Council shall be conduct a study evaluating the economic Federal funds, either directly or through in- published in the Federal Register. costs of eating disorders. Such study may ex- kind contributions, to the costs of the activi- ‘‘(C) PUBLIC ACCESS.—Each meeting of the amine years of productive life lost, missed ties to be funded under the grant in an Coordinating Council shall be open to the days of work, reduced work productivity, amount that is not less than 10 percent of public and shall include appropriate periods costs of medical and mental health treat- the total cost of such activities. of time for questions by the public. ment, costs to family, and costs to society as ‘‘(3) EVALUATION.—Each recipient of a ‘‘(4) SUBCOMMITTEES.—In carrying out its a result of eating disorders.’’. grant under this section shall provide to the functions the Coordinating Council may es- Secretary, in such form and manner as the tablish subcommittees and convene work- TITLE II—EATING DISORDER EDUCATION Secretary shall specify, relevant data and an shops and conferences. AND PREVENTION; STUDIES ON EATING evaluation of the activities of the grant re- ‘‘(e) EATING DISORDER.—In this part, the DISORDERS AND BODY MASS INDEX; term ‘eating disorder’ includes anorexia PUBLIC SERVICE ANNOUNCEMENTS cipient in promoting healthy eating behaviors and preventing eating disorders. Evalua- nervosa, bulimia nervosa, binge eating dis- SEC. 201. GRANTS TO PREVENT EATING DIS- order, and eating disorders not otherwise ORDERS. tion reports shall be made publicly available, specified, as defined in the fourth edition of Title III of the Public Health Service Act such as through the Internet. ‘‘(e) TECHNICAL ASSISTANCE.—The Sec- the Diagnostic and Statistical Manual of (42 U.S.C. 241 et seq.), as amended by section retary may set aside an amount not to ex- Mental Disorders or any subsequent edition. 102, is further amended by adding at the end ceed 1 percent of the total amount appro- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— the following: To carry out this section, there are author- priated for a fiscal year to provide grantees ‘‘SEC. 399OO–3. GRANTS TO PREVENT EATING DIS- with technical support in the development, ized to be appropriated such sums as may be ORDERS. necessary for each of fiscal years 2012 implementation, and evaluation of programs ‘‘(a) IN GENERAL.—The Secretary, acting under this section and to disseminate infor- through 2016. through the Director of the Centers for Dis- ‘‘SEC. 399OO–1. EATING DISORDER SURVEIL- mation about preventing and treating eating ease Control and Prevention and in coordina- disorders and obesity. LANCE AND RESEARCH PROGRAM. tion with the Administrator of the Health ‘‘(a) IN GENERAL.—The Secretary, acting ‘‘SEC. 399OO–4. STUDY OF EATING DISORDERS IN Resources and Services Administration, through the Director of the Centers for Dis- ELEMENTARY SCHOOLS, SEC- shall award grants to eligible entities to ease Control and Prevention, shall award ONDARY SCHOOLS, AND INSTITU- plan, implement, and evaluate programs to grants or cooperative agreements to eligible TIONS OF HIGHER EDUCATION. entities for the purpose of improving the col- prevent eating disorders and obesity and the ‘‘Not later than 18 months after the date of lection, analysis and reporting of State epi- acute and chronic medical conditions that enactment of the Federal Response to Elimi- demiological data on eating disorders. accompany such conditions, and to promote nate Eating Disorders Act, the National Cen- ‘‘(b) ACTIVITIES.—An eligible entity shall healthy body image and appropriate nutri- ter for Health Statistics of the Centers for assist with the development and coordination-based eating behaviors. Disease Control and Prevention and the Na- tion of eating disorder surveillance efforts ‘‘(b) ELIGIBILITY.—To be eligible to receive tional Center for Education Statistics of the within a region and may— a grant under this section, an entity shall— Department of Education shall conduct a ‘‘(1) provide for the collection, analysis, ‘‘(1) be a State, local or tribal educational joint study, or enter into a contract to have and reporting of epidemiological data on eat- agency, an accredited institution of higher a study conducted, on the impact eating dis- ing disorders through the existing surveil- education, a State or local health depart- orders have on educational advancement and lance programs; ment, or a community based organization; achievement. The study shall— ‘‘(2) develop recommendations to enhance and ‘‘(1) determine the incidence of eating dis- existing surveillance programs to more accu- ‘‘(2) submit an application to the Secretary orders and disordered eating among stu- rately collect epidemiological data on dis- at such time, in such manner, and con- dents, and the morbidity and mortality rates ordered eating and eating disorders, includ- taining such information as the Secretary associated with eating disorders; ing the prevalence, incidence, trends, cor- may require. ‘‘(2) evaluate the extent to which students relates, mortality, and causes of eating dis- ‘‘(c) USE OF FUNDS.—An entity receiving a with eating disorders are more likely to miss orders and the effects of eating disorders on grant under this section shall fund develop- school, have delayed rates of development, quality of life; ment and testing of school-, clinic-, commu- or have reduced cognitive skills; ‘‘(3) develop recommendations to improve nity-, or health department-based programs ‘‘(3) report on current State and local pro- requirements for ensuring that eating dis- designed to promote healthy eating behav- grams to increase awareness about the dan- orders are accurately recorded as underlying iors and to prevent eating disorders includ- gers of eating disorders among youth and to and contributing causes of death; and ing— prevent eating disorders and the risk factors ‘‘(4) assist with the development and co- ‘‘(1) developing evidence-based interven- for eating disorders, and evaluate the value ordination of surveillance efforts within a tions to prevent eating disorders, including of such programs; and region. educational or intervention programs re- ‘‘(4) make recommendations on measures ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to garding nutritional content, understanding that could be undertaken by Congress, the receive an award under this section, an enti- and responding to hunger and satiety, posi- Department of Education, States, and local ty shall— tive body image development, positive self- educational agencies to strengthen eating

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disorder prevention and awareness programs ‘‘(1) REQUIRED USES.—Amounts provided ‘‘(ee) EATING DISORDER TREATMENT SERV- including development of best practices. under a grant awarded under this section ICES.— ‘‘SEC. 399OO–5. STUDY OF THE SUITABILITY OF shall be used to fund interdisciplinary train- ‘‘(1) DEFINITION.—The term ‘eating disorder MANDATING BODY MASS INDEX RE- ing and education projects that are designed treatment services’ means services relating PORTING IN ELEMENTARY SCHOOLS to train medical, nursing, and other health to diagnosis and treatment of an eating dis- AND SECONDARY SCHOOLS. professions students and residents to— order (as defined in section 399OO of the Pub- ‘‘Not later than 18 months after the date of ‘‘(A) better identify patients at-risk of be- lic Health Service Act), including screening, enactment of the Federal Response to Elimi- coming overweight or obese or developing an counseling, pharmacotherapy (including cov- nate Eating Disorders Act, the Director of eating disorder; erage of drugs described in paragraph (2)), the Centers for Disease Control and Preven- ‘‘(B) detect overweight or obesity or eating and other necessary health care services. tion, in consultation with the Secretary of disorders among a diverse patient popu- ‘‘(2) COVERAGE FOR PHARMACOLOGICAL Education, shall conduct a study on manda- lation; TREATMENT OF EATING DISORDERS.—For pur- tory reporting of body mass index, includ- ‘‘(C) counsel, refer, or treat patients with poses of paragraph (1), eating disorder treating— overweight or obesity or an eating disorder; ment services shall include drugs provided as ‘‘(1) how many schools are currently con- ‘‘(D) educate patients and the families of part of care in an inpatient setting, covered ducting mandatory reporting of body mass patients about effective strategies to estab- outpatient drugs (as defined in section index; lish healthy eating habits and appropriate 1927(k)(2)), and non-prescription drugs de- ‘‘(2) how schools are assessing the impacts levels of physical activity; and scribed in section 1927(d)(2)(A) that are pre- of such mandatory reporting on body mass ‘‘(E) assist in the creation and administra- scribed, in accordance with generally accept- index; and tion of community-based overweight and ed medical guidelines, for treatment of an ‘‘(3) how schools are assessing potential obesity and eating disorder prevention ef- eating disorder.’’. unintended consequences of such mandatory forts.’’ (b) INCREASED FMAP FOR EATING DISORDER reporting on students, including those re- ‘‘(2) PERMISSIVE USE.—Amounts provided TREATMENT SERVICES.— lated to parent and peer relations. under a grant under this section may be used (1) EFFECTIVE UNTIL JANUARY 1, 2013.—Sec- ‘‘SEC. 399OO–6. PUBLIC SERVICE ADVERTISE- to offer community-based training opportu- tion 1905(b) of the Social Security Act (42 MENTS. nities in rural areas for medical, nursing, U.S.C. 1396d(b)) is amended in the first sen- ‘‘The Secretary, in consultation with the and other health professions students and tence— Director of the National Institutes of Health residents on eating disorders, which may in- (A) by striking ‘‘and’’ before ‘‘(4)’’; and and the Secretary of Education, shall carry clude the use of distance learning networks (B) by inserting before the period at the out a program to develop, distribute, and and other available technologies needed to end the following: ‘‘, and (5) the Federal med- promote the broadcasting of public service reach isolated rural areas. ical assistance percentage shall be equal to announcements to improve public awareness ‘‘(d) REQUIREMENTS OF GRANTEES.— the enhanced FMAP described in section of, and to promote the identification and ‘‘(1) LIMITATION ON ADMINISTRATIVE EX- 2105(b) with respect to medical assistance for prevention, of eating disorders. PENSES.—A grantee shall not use more than eating disorder treatment services (as de- ‘‘SEC. 399OO–7. AUTHORIZATION OF APPROPRIA- 10 percent of the amounts received under a fined in subsection (ee)(1)) provided to an in- TIONS. grant under this section for administrative dividual who is eligible for such assistance ‘‘To carry out sections 399OO–3, 399OO–4, expenses. and has an eating disorder (as defined in sec- 399OO–5, and 399OO–6, there are authorized to ‘‘(2) CONTRIBUTION OF FUNDS.—A grantee tion 399OO of the Public Health Service be appropriated such sums as may be nec- under this section, and any entity receiving Act)’’. essary for each of fiscal years 2012 through assistance under the grant for training and (2) EFFECTIVE JANUARY 1, 2013.—Section 2016.’’. education, shall contribute non-Federal 4106(b) of the Patient Protection and Afford- SEC. 202. SENSE OF THE SENATE. funds, either directly or through in-kind con- able Care Act (Public Law 111–148) is amend- It is the sense of the Senate that critically tributions, to the costs of the activities to be ed— necessary programs to reduce obesity in chil- funded under the grant in an amount that is (A) in paragraph (1), by striking ‘‘(4)’’ each dren may also unintentionally increase the not less than 10 percent of the total cost of time such term appears and inserting ‘‘(5)’’; unhealthy weight control behaviors that can such activities. and lead to development of eating disorders, and ‘‘(e) EATING DISORDER.—In this section, the (B) in paragraph (2), by striking ‘‘, and (5)’’ that federally funded programs to combat term ‘eating disorder’ has the meaning given and inserting ‘‘, and (6)’’. obesity should take this connection into con- such term in section 399OO(e). (c) INCLUSION IN EPSDT SERVICES.—Sec- sideration. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— tion 1905(r)(1)(B) of such Act (42 U.S.C. TITLE III—IMPROVING TRAINING IN There are authorized to be appropriated to 1396d(r)(1)(B)) is amended— HEALTH PROFESSIONS, EDUCATION, carry out this section such sums as may be (1) in clause (iv), by striking ‘‘and’’ at the AND RELATED FIELDS necessary for fiscal years 2012 through 2016.’’. end; (2) in clause (v), by striking the period at SEC. 301. GRANTS FOR HEALTH PROFESSIONALS. SEC. 302. TRAINING IN ELEMENTARY AND SEC- ONDARY SCHOOLS. the end and inserting ‘‘; and’’; and Part D of title VII of the Public Health Section 5131(a) of the Elementary and Sec- (3) by inserting after clause (v) the fol- Service Act (42 U.S.C. 294 et seq.) is amended ondary Education Act of 1965 (20 U.S.C. lowing new clause: by adding at the end the following: 7215(a)) is amended by adding at the end the ‘‘(vi) appropriate diagnostic services relat- ‘‘SEC. 760. GRANTS FOR HEALTH PROFES- following: ing to eating disorders (as defined in section SIONALS. ‘‘(28) Programs to improve the identifica- 399OO of the Public Health Service Act).’’. ‘‘(a) GRANTS.—The Secretary, acting tion of students with eating disorders (as de- (d) EXCEPTION FROM OPTIONAL RESTRICTION through the Administrator of the Health Re- fined in section 399OO of the Public Health UNDER MEDICAID DRUG COVERAGE.—Section sources and Services Administration, in col- Service Act), increase awareness of such dis- 1927(d)(2)(A) of such Act (42 U.S.C. 1396r– laboration with the Director of the Centers orders among parents and students, and 8(d)(2)(A)) is amended by inserting before the for Disease Control and Prevention, shall train educators (including teachers, school period at the end the following: ‘‘, except for award grants under this section to develop nurses, school social workers, coaches, drugs that are prescribed, in accordance with interdisciplinary training and education pro- school counselors, and administrators) on ef- generally accepted medical guidelines, for grams that provide undergraduate, graduate, fective eating disorder prevention, screening, the purpose of treatment of an individual post-graduate medical, nursing (including detection and assistance methods.’’. who is eligible for medical assistance under advanced practice nursing students), dental, the State plan and has an eating disorder (as mental and behavioral health, pharmacy, TITLE IV—IMPROVING AVAILABILITY AND defined in section 399OO of the Public Health and other health professions students or resi- ACCESS TO TREATMENT Service Act)’’. dents with an understanding of, and clinical SEC. 401. MEDICAID COVERAGE FOR EATING DIS- (e) EFFECTIVE DATE.—The amendments skills pertinent to identifying and treating, ORDER TREATMENT SERVICES. made by this section shall apply to drugs and eating disorders. (a) IN GENERAL.—Section 1905 of the Social services furnished on or after January 1, 2012. ‘‘(b) ELIGIBILITY.—To be eligible to receive Security Act (42 U.S.C. 1396d(a)) is amend- SEC. 402. GRANTS TO SUPPORT PATIENT ADVO- a grant under this section an entity shall— ed— CACY. ‘‘(1) be an accredited school of allopathic (1) in subsection (a)— Subpart II of part D of title IX of the Pub- or osteopathic medicine, or an accredited (A) in paragraph (28), by striking ‘‘and’’ at lic Health Service Act is amended by adding school of nursing, public health, social work, the end; at the end the following: dentistry, behavioral and mental health, or (B) by redesignating paragraph (29) as ‘‘SEC. 938. GRANTS TO SUPPORT PATIENT ADVO- pharmacy, or an accredited medical, dental, paragraph (30); and CACY. or nursing residency program; (C) by inserting after paragraph (28) the ‘‘(a) GRANTS.—The Secretary, acting ‘‘(2) prepare and submit to the Secretary following new paragraph: through the Director, shall award grants an application at such time, in such manner, ‘‘(29) eating disorder treatment services (as under this section to develop and support pa- and containing such information as the Sec- defined in subsection (ee)(1)); and’’; and tient advocacy work to help individuals with retary may require. (2) by adding at the end the following new eating disorders obtain adequate health care ‘‘(c) USE OF FUNDS.— subsection: services and insurance coverage.

VerDate Mar 15 2010 03:16 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.055 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1232 CONGRESSIONAL RECORD — SENATE March 3, 2011 ‘‘(b) ELIGIBILITY.—To be eligible to receive ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— prospect of losing one’s home is a grant under this section, an entity shall— To carry out this section, there are author- daunting enough, and unfortunately, ‘‘(1) be a public or nonprofit private entity ized to be appropriated such sums as may be too many troubled homeowners have (including a health department of a State or necessary for fiscal years 2012 through 2016.’’. received a modification notice one day tribal agency, a community-based organization, or an institution of higher education); By Mr. REED (for himself, Mr. followed by a foreclosure notice the ‘‘(2) prepare and submit to the Secretary DURBIN, Mr. MERKLEY, Mr. next day. This is just too confusing and an application at such time, in such manner, WHITEHOUSE, Mr. FRANKEN, and injects additional uncertainty at the and containing such information as the Sec- Mr. LEAHY): most unnerving time for a troubled retary may require, including— S. 489. A bill to require certain mort- homeowner. Simply put, there should ‘‘(A) comprehensive strategies for advo- gagees to evaluate loans for modifica- be no dual track. There should be one cating on behalf of, and working with, indi- tions, to establish a grant program for track, and while a troubled homeowner viduals with eating disorders or at risk for is being evaluated for a loan modifica- developing eating disorders; State and local government mediation ‘‘(B) a plan for consulting with commu- programs, and for other purposes; to tion, they should have the comfort of nity-based coalitions, treatment centers, or the Committee on Banking, Housing, knowing that foreclosure proceedings eating disorder research experts who have and Urban Affairs. will not be initiated. This bill estab- experience and expertise in issues related to Mr. REED. Mr. President, today I am lishes this single track. eating disorders or patient advocacy in pro- introducing the Preserving Homes and Second, in light of the repeated dif- viding services under a grant awarded under Communities Act. I introduced an ear- ficulties that troubled homeowners this section; and lier version of this legislation in 2009. I have faced in contacting and remaining ‘‘(C) a plan for financial sustainability in- am pleased to again be joined by Sen- in touch with their servicers, this bill volving State, local, and private contribu- continues to provide a means for more tions. ators DURBIN, LEAHY, MERKLEY, State and local governments to estab- ‘‘(c) USE OF FUNDS.—Amounts provided WHITEHOUSE, and FRANKEN as cospon- under a grant awarded under this section sors of this bill. lish mediation programs. These pro- shall be used to support patient advocacy The sheer number of foreclosures grams provide a process by which a work, including— across the country is startling. Since neutral third party presides over dis- ‘‘(1) providing education and outreach in the beginning of 2009, there have been cussions between homeowners and community settings regarding eating dis- approximately 5 million foreclosures, servicers to review and discuss alter- orders and associated health problems, espe- and the Center for Responsible Lending natives to foreclosure. cially among low-income, minority, and estimates there will be a total of 9 mil- Third, with this bill, I continue my medically underserved populations; efforts to fund the National Housing ‘‘(2) facilitating access to appropriate, ade- lion foreclosures between 2009 and 2012. quate, and timely health care for individuals In my home state of Rhode Island, the Trust Fund, which would enable the with eating disorders and associated health numbers are similarly shocking be- building, preservation, and rehabilita- problems; cause 1 in every 10 mortgaged home- tion of affordable rental housing ‘‘(3) assisting in communication and co- owners is in foreclosure or seriously de- through the proceeds received from the operation between patients and providers; linquent on their mortgage payment. warrant provisions I crafted for the fi- ‘‘(4) representing the interests of patients Rhode Island families have felt the nancial rescue package in 2008. These in managing health insurance claims and effects of the recession and the na- warrant provisions ensured that as plans; tional housing crisis harder than most, banking institutions recovered from ‘‘(5) providing education and outreach regarding enrollment in health insurance, in- which is why I worked with the Obama their near collapse, American tax- cluding enrollment in the Medicare program Administration and led the effort to payers, who bankrolled their recovery, under title XVIII of the Social Security Act, expand the Hardest Hit Fund to include would also benefit from the upside. To the Medicaid program under title XIX of Rhode Island. This program is just get- date, more than $8 billion in warrant such Act, and the Children’s Health Insur- ting underway, and my hope is that it proceeds have been recouped by tax- ance Program under title XXI of such Act; will provide much needed targeted as- payers. As I have stated before, my ‘‘(6) identifying, referring, and enrolling sistance to struggling homeowners and view is that some of these returns from underserved populations in appropriate expand the number of loss mitigation providing a firmer foundation for our health care agencies and community-based programs and organizations in order to in- tools in order to prevent more Rhode financial institutions would be put to crease access to high-quality health care Islanders from falling into foreclosure. good use by providing a firmer founda- services; Unfortunately, additional efforts are tion for affordable rental housing in ‘‘(7) providing technical assistance, train- needed because the foreclosure crisis our country by finally funding the Na- ing, and organizational support for patient has grown in complexity as a result of tional Housing Trust Fund. advocates; and the revelations last fall pointing to This bill also has several new provi- ‘‘(8) creating, operating, and participating poorly handled, if not illegal, fore- sions. First, in response to repeated in State or regional networks of patient ad- closure processing. Cutting these cor- concerns that the loan modification vocates. ners at the risk of severe legal con- process has been lacking in trans- ‘‘(d) REQUIREMENTS OF GRANTEES.— sequences raises serious questions parency, this bill creates a dispute res- ‘‘(1) LIMITATION ON ADMINISTRATIVE EX- PENSES.—A grantee shall not use more than about not only the value of mortgage olution mechanism within the loan 5 percent of the amounts received under a related investments, but also the loan modification process itself. Under this grant under this section for administrative modification efforts of servicers. bill, troubled homeowners and expenses. I will persist in my efforts to fight servicers may work out their disagree- ‘‘(2) CONTRIBUTION OF FUNDS.—A grantee improper foreclosures and to bring ments with a neutral third party on a under this section, and any entity receiving Rhode Islanders the relief they deserve, fair playing field with all the informa- assistance under the grant for training and and this commitment continues today tion required to evaluate whether a education, shall contribute non-Federal with the introduction of the Preserving home loan modification application funds, either directly or through in-kind contributions, to the costs of the activities to be Homes and Communities Act. This bill was properly evaluated. funded under the grant in an amount that is has been updated and enhanced from Second, this legislation addresses the not less than 75 percent of the total cost of its predecessor in the last Congress to recent robo-signing allegations by re- such activities. reflect the fact that some provisions quiring servicers, if a home loan modi- ‘‘(3) REPORTING TO SECRETARY.—A grantee have been enacted into law and to ad- fication is denied, to prove that they under this section shall annually submit to dress emerging issues that are standing actually have the legal right to fore- the Secretary a report, at such time, in such in the way of saving as many homes as close. manner, and containing such information as possible. Third, this bill responds to difficul- the Secretary may require, including a de- Most importantly, this bill, like the ties faced by individuals who, for ex- scription and evaluation of the activities described in subsection (c) carried out by such one I introduced in 2009, eliminates the ample, have come to own and live in a entity. so called ‘‘dual-track’’ in which a mortgaged home through the death of ‘‘(e) EATING DISORDER.—In this section, the homeowner is evaluated for a home a loved one. These unfortunate life term ‘eating disorder’ has the meaning given loan modification while simulta- events are tough enough. As long as such term in section 399OO(e). neously being foreclosed upon. The these individuals live in these homes as

VerDate Mar 15 2010 03:16 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.055 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 3, 2011 CONGRESSIONAL RECORD — SENATE S1233 their primary residences and are hav- (bb) secured by the principal residence of for a qualified loan modification, the covered ing difficulties paying their mortgages the mortgagor; or mortgagee has used its best efforts to due to financial hardship, they too (II) is eligible to assume a federally related promptly offer a qualified loan modification would have to be evaluated for a loan mortgage loan described in clause (I) in a to the covered mortgagor; and manner described in paragraph (3), (5), (6), or (C) in the case of a covered mortgagor who modification before banks could fore- (7) of section 341(d) of the Garn-St Germain the covered mortgagee determines is not eli- close under my legislation. Depository Institutions Act of 1982 (12 U.S.C. gible for a qualified loan modification, the Fourth, this bill adds another provi- 1701j–3(d)), if the principal residence of the covered mortgagee has made available to the sion to the section placing reasonable individual is the principal residence securing covered mortgagor documentation of— limits on foreclosure fees and costly the federally related mortgage loan; and (i) a loan modification calculation or net markups by prohibiting abusive fees (ii) who cannot make payments on a feder- present value calculation, including the in- charged in response to lapsed home in- ally related mortgage loan due to financial formation necessary to verify and evaluate hardship, as determined by the Secretary, in surance policies. Under this bill, when the calculation, made by the covered mort- consultation with the Secretary of the gagee in relation to the federally related a home insurance policy lapses, the Treasury and the Director of the Bureau of servicer may only charge a fee in an mortgage using a home loan modification Consumer Financial Protection; and protocol; amount equal to the cost of continuing (B) does not include an individual who the (ii) the loan origination, including any or re-establishing the home insurance Secretary, in consultation with the Sec- note, deed of trust, or other document nec- retary of the Treasury and the Director of policy. No more, and no less. essary to establish the right of the mort- the Bureau of Consumer Financial Protec- Lastly, I think it’s important to gagee to foreclose on the mortgage, includ- tion, determines has abandoned the principal ing proof of assignment of the mortgage to make one final point about this bill. It residence securing the federally related the mortgagee and the right of the mort- provides the means for servicers to le- mortgage loan; gagee to enforce the relevant note under the gitimately evaluate struggling home- (3) the term ‘‘federally related mortgage law of the State in which the real property owners for loan modifications, but it loan’’ has the same meaning as in section 3 securing the mortgage is located; of the Real Estate Settlement Procedures does not require servicers to work with (iii) any pooling and servicing agreement homeowners who have clearly aban- Act of 1974 (12 U.S.C. 2602); (4) the term ‘‘home loan modification pro- that the covered mortgagee believes pro- doned their homes, as determined by hibits a qualified loan modification; the Secretary of Housing and Urban tocol’’ means a home loan modification protocol that— (iv) the payment history of the covered Development. This bill is narrowly and (A) is developed under a home loan modi- mortgagor and a detailed accounting of any responsibly tailored to prevent fore- fication program developed or put into effect costs or fees associated with the account of closures that can be avoided and to en- by the Secretary of the Treasury, the Sec- the covered mortgagor; and sure that all finalized foreclosures are retary, or the Director of the Bureau of Fi- (v) the specific alternatives to foreclosure considered by the covered mortgagee, includ- properly and objectively processed. In nancial Protection; (B) includes principal reduction; and ing qualified loan modifications, workout short, this legislation is fair. agreements, and short sales. The foreclosure crisis has persisted (C) to the extent possible, in the case of real property on which there is a first lien (2) FORECLOSURE IN PROGRESS.—If a covered for far too long, and it is time to fi- and a subordinate lien securing a federally mortgagee initiated a nonjudicial fore- nally address this issue once and for related mortgage loan, requires that any closure or a judicial foreclosure proceeding all. The Preserving Homes and Commu- principal reduction with respect to the first against a covered mortgagor before the date nities Act provides a path to stabi- lien be accompanied by a proportional prin- of enactment of this Act, the covered mort- lizing the housing sector as a means of cipal reduction with respect to the subordi- gagee— bolstering and sustaining our economic nate lien; (A) shall use its best efforts to take all steps necessary to— recovery. I hope my colleagues will (5) the term ‘‘qualified loan modification’’ means a modification to the terms of a mort- (i) suspend the foreclosure or foreclosure join me and Senators DURBIN, LEAHY, gage agreement between a covered mort- proceeding, as permitted under the law of MERKLEY, WHITEHOUSE, and FRANKEN gagee and a covered mortgagor that— the State in which the real property securing in supporting this bill and taking the (A) is made pursuant to a determination by the federally related mortgage loan is lo- legislative steps necessary to address the covered mortgagee using a home loan cated, including the cancellation of any sale foreclosures. modification protocol that a modification date that has been scheduled with respect to Mr. President, I ask unanimous con- would— the real property securing the federally resent that the text of the bill be printed (i) produce a greater net present value lated mortgage loan; and than not modifying the loan to— (ii) toll any deadlines limiting the rights of in the RECORD. (I) the covered mortgagee; or the covered mortgagor, whether imposed by There being no objection, the text of (II) in the aggregate, all persons that hold statute, scheduling order, or otherwise, until the bill was ordered to be printed in an interest in the mortgage agreement; and the covered mortgagee has complied with the the RECORD, as follows: (ii) produce mortgage payments that, at a requirements under this section; and S. 489 minimum, are reduced to an affordable and (B) may not— Be it enacted by the Senate and House of Rep- sustainable amount, based on a debt-to-in- (i) conduct or schedule a sale of the real resentatives of the United States of America in come ratio that takes into account the total property securing the federally related mort- Congress assembled, housing debt and gross household income of gage loan; or the covered mortgagor; (ii) cause judgment to be entered against SECTION 1. SHORT TITLE. (B) applies for the remaining term of the the covered mortgagor. This Act may be cited as the ‘‘Preserving original mortgage agreement, prior to modi- (3) REEVALUATION OF APPLICATION FOR Homes and Communities Act of 2011’’. fication or amendment; and QUALIFIED LOAN MODIFICATION.—If, after re- SEC. 2. DEFINITION. (C) permits the maximum amount of prin- ceiving information under paragraph (1)(C), a In this Act, the term ‘‘Secretary’’ means cipal reduction that produces a greater net covered mortgagor is able to demonstrate the Secretary of Housing and Urban Develop- present value than foreclosure to the persons that the covered mortgagor is eligible for a ment. described in subparagraph (A)(i); and qualified loan modification, the covered SEC. 3. LOAN MODIFICATION REQUIREMENTS. (6) the term ‘‘State’’ means any State of mortgagee shall— (a) DEFINITIONS.—In this section— the United States, the District of Columbia, (A) promptly reevaluate the application by (1) the term ‘‘covered mortgagee’’ means— any territory of the United States, Puerto the covered mortgagor for a qualified loan (A) an original lender under a federally re- Rico, Guam, American Samoa, the Trust modification; and lated mortgage loan; Territory of the Pacific Islands, the Virgin (B) if the covered mortgagor is eligible, (B) any servicer, affiliate, agent, sub- Islands, and the Northern Mariana Islands. offer the covered mortgagor a qualified loan sidiary, successor, or assignee of a lender (b) LOAN MODIFICATION PROCEDURES.— modification. under a federally related mortgage loan; and (1) INITIATION OF FORECLOSURE.—A covered (4) DISPUTE RESOLUTION.—Not later than 90 (C) any purchaser, trustee, or transferee of mortgagee may not initiate a nonjudicial days after the date of enactment of this Act, any mortgage or credit instrument issued by foreclosure or a judicial foreclosure against the Secretary of the Treasury, the Sec- an original lender under a federally related a covered mortgagor that is otherwise au- retary, and the Director of the Bureau of Fi- mortgage loan; thorized under State law unless— nancial Protection shall ensure that any (2) the term ‘‘covered mortgagor’’— (A) the covered mortgagee has used its best home loan modification protocol established (A) means an individual— efforts to determine whether the covered by the Secretary of the Treasury, the Sec- (i) who— mortgagor is eligible for a qualified loan retary, or the Director of the Bureau of Fi- (I) is a mortgagor under a federally related modification; nancial Protection, respectively, includes a mortgage loan— (B) in the case of a covered mortgagor who procedure with a neutral third party to re- (aa) made by a covered mortgagee; and the covered mortgagee determines is eligible solve disputes between covered mortgagors

VerDate Mar 15 2010 03:16 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.067 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1234 CONGRESSIONAL RECORD — SENATE March 3, 2011 and covered mortgagees regarding applica- (B) the fee is otherwise permitted under (A) any mortgagee that seeks to initiate or tions for qualified loan modifications. this subsection. has initiated a judicial or nonjudicial fore- (5) NO WAIVER OF RIGHTS.—A covered mort- (4) FEES FOR EXPENSES INCURRED.— closure; and gagee may not require a covered mortgagor (A) IN GENERAL.—A covered mortgagee may (B) any mortgagor who is subject to a judi- to waive any right of the covered mortgagor charge a fee to a covered mortgagor only— cial or nonjudicial foreclosure; as a condition of making a qualified loan (i) for services actually performed by the (2) require that a representative of the modification. covered mortgagee or a third party in rela- mortgagee who has authority to decide on (6) CERTIFICATION REQUIRED PRIOR TO SALE tion to the mortgage agreement, before a loss mitigation options (including loan modi- OF REAL PROPERTY SECURING MORTGAGE.— modification or amendment; and fication) participate, in person, in scheduled (A) CERTIFICATION.—A covered mortgagee (ii) if the fee is reasonably related to the sessions; shall submit to the appropriate State entity actual cost of providing the service. (3) require any mortgagee or mortgagor rein the State in which the real property se- (B) HOME PRESERVATION SERVICES.—A cov- quired to participate in the program to make curing a federally related mortgage loan is ered mortgagee may charge a fee to a cov- a good faith effort to resolve promptly, located a certification that the covered ered mortgagor for home preservation serv- through mediation, issues relating to the de- mortgagee has complied with all require- ices, only if the covered mortgagor has not fault on the mortgage; ments of this section, before— submitted a payment under the federally re- (4) if mediation is not made available to (i) the covered mortgagee may sell the real lated mortgage during the 60-day period end- the mortgagor before a foreclosure pro- property; or ing on the date the fee is charged. ceeding is initiated, allow the mortgagor to (ii) a purchaser at sale may file an action (5) FORCEPLACED INSURANCE.— request mediation at any time before a fore- to recover possession of the real property. (A) FEE PERMITTED.—If a home insurance closure sale; (B) RECORDATION OF DEED PROHIBITED WITH- policy on the real property securing a feder- (5) provide that any proceeding to foreclose OUT CERTIFICATION.—The government official ally related mortgage loan lapses due to the that is initiated by the mortgagee shall be responsible for recording deeds and other failure of a covered mortgagor to make a stayed until the mediator has issued a writ- transfers of real property in a jurisdiction payment, a covered mortgagee may charge ten certification that the mortgagee com- may not permit the recordation of a deed the covered mortgagor a fee in an amount plied in good faith with its obligations under transferring title after a foreclosure relating equal to the actual cost of continuing or re- the mediation program established under to a federally related mortgage loan in the establishing the home insurance policy on this section; jurisdiction unless the government official the same terms in effect before the lapse. (6) provide for— certifies that— (B) RECOVERY OF FEE.—A covered mort- (A) supervision by a State court (or a State (i) the person conducting the sale has dem- gagee may recover the fee described in sub- court in conjunction with an agency or de- onstrated that the requirements of this subparagraph (A)— partment of a State or local government) of section have been met with respect to the (i) by establishing an escrow account in ac- the mediation program; federally related mortgage loan; or cordance with section 10 of the Real Estate (B) selection and training of neutral, third- (ii) the requirements of this subsection do Settlement Procedures Act of 1974 (12 U.S.C. party mediators by a State court (or an not apply to the federally related mortgage 2609); or agency or department of the State or local loan. (ii) in equal monthly amounts during one government); (C) penalties to be imposed by a State (C) VOIDING OF SALE.—A sale of property in 12-month period. court, or an agency or department of a State violation of this subsection is void. (6) PENALTY.—The Director of the Bureau or local government, if a mortgagee fails to (D) REGULATIONS.—The Secretary, in con- of Consumer Financial Protection shall col- comply with an order to participate in medi- sultation with the Secretary of the Treasury lect from any covered mortgagee that ation; and and Director of the Bureau of Consumer Fi- charges a fee in violation of this subsection (D) consideration by a State court (or an nancial Protection, shall issue regulations an amount equal to $6,000 for each such fee. agency or department of a State or local establishing the content of the certification (d) REGULATIONS.—Not later than 3 months government) of recommendations by a medi- under this subparagraph. after the date of enactment of this Act, the ator relating to penalties for failure to fulfill (7) BAR TO FORECLOSURE.—Failure to com- Secretary, in consultation with the Sec- retary of the Treasury and the Director of the requirements of the mediation program; ply with this subsection is a bar to fore- (7) require that each mortgagee that par- closure under the applicable law of a State. the Bureau of Consumer Financial Protec- tion, shall issue by notice any requirements ticipates in the mediation program make (8) RULE OF CONSTRUCTION.—Nothing in this available to the mortgagor, before and dur- subsection may be construed to prevent a to carry out this section. The Secretary shall subsequently issue, after notice and ing participation in the mediation program, covered mortgagee from offering or making documentation of— a loan modification with a lower payment, comment, final regulations to carry out this section. (A) a loan modification calculation or net lower interest rate, or principal reduction present value calculation, including the in- beyond that required by a modification made (e) BUREAU OF CONSUMER FINANCIAL PRO- TECTION HOME LOAN MODIFICATION PRO- formation necessary to verify and evaluate using a home loan modification protocol the calculation, made by the mortgagee in with respect to a covered mortgagor. TOCOL.—Not later than 90 days after the date of enactment of this Act, the Director of the relation to the mortgage using a home loan (c) FEES PROHIBITED.— Bureau of Consumer Financial Protection modification protocol; (1) LOAN MODIFICATION FEES PROHIBITED.—A shall develop a home loan modification pro- (B) the loan origination, including any covered mortgagee may not charge a fee to a tocol. note, deed of trust, or other document nec- covered mortgagor for carrying out the re- (f) TREASURY AND HUD HOME LOAN MODI- essary to establish the right of the mort- quirements under subsection (b). FICATION PROTOCOLS.—Not later than 90 days gagee to foreclose on the mortgage, includ- (2) FORECLOSURE-RELATED FEES.— after the date of enactment of this Act, the ing proof of assignment of the mortgage to (A) IN GENERAL.—Except as provided in Secretary of the Treasury and the Secretary the mortgagee and the right of the mort- subparagraph (B) and (C), a covered mort- shall make any changes to the home loan gagee to enforce the relevant note under the gagee may not charge a foreclosure-related modification protocol of the Secretary of the law of the State in which the real property fee to a covered mortgagor before— Treasury and the Secretary, respectively, securing the mortgage is located; (i) the covered mortgagee has made a de- that are necessary to carry out this Act. (C) any pooling and servicing agreement termination under subsection (b)(1); and SEC. 4. MEDIATION INITIATIVES. that the mortgagee believes prohibits a loan (ii) the mortgage has entered the fore- (a) DEFINITIONS.—In this section— modification; closure process. (1) the term ‘‘mortgagee’’ includes the (D) the payment history of the mortgagor (B) DELINQUENCY FEES.—A covered mort- agent of a mortgagee; and and a detailed accounting of any costs or gagee may charge 1 delinquency fee for each (2) the term ‘‘mediation’’ means a process fees associated with the account of the mort- late payment by a covered mortgagor, if the in which a neutral third party presides over gagor; and fee is specified by the mortgage agreement discussions between mortgagors and mortga- (E) the specific alternatives to foreclosure and permitted by other applicable Federal gees to review and discuss available loss considered by the mortgagee, including loan and State law. A delinquency fee may be col- mitigation options in order to avoid fore- modifications, workout agreements, and lected only once on an installment however closure. short sales; long it remains in default. (b) GRANT PROGRAM ESTABLISHED.—The (8) prohibit a mortgagee from shifting the (C) OTHER FEES.—A covered mortgagee Secretary shall establish a grant program to costs of participation in the mediation pro- may charge a covered mortgagor 1 property make competitive grants to State and local gram, including the attorney’s fees of the valuation fee and 1 title search fee in con- governments to establish mediation pro- mortgagee, to a mortgagor; nection with a foreclosure. grams that assist mortgagors facing fore- (9) provide that— (3) FEES NOT IN CONTRACT.—A covered closure. (A) any holder of a junior lien against the mortgagee may charge a fee to a covered (c) MEDIATION PROGRAMS.—A mediation property that secures a mortgage that is the mortgagor only if— program established using a grant under this subject of a mediation— (A) the fee was specified by the mortgage section shall— (i) be notified of the mediation; and agreement before a modification or amend- (1) require participation in the program (ii) be permitted to participate in the me- ment; and by— diation; and

VerDate Mar 15 2010 03:16 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.060 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 3, 2011 CONGRESSIONAL RECORD — SENATE S1235 (B) any proceeding initiated by a holder of (i) to increase the authority of the heads of afford his mortgage and they fell be- a junior lien against the property that se- appropriate agencies to levy penalties hind in making his payments. cures a mortgage that is the subject of a me- against any mortgagee, or other person or The SCRA was designed to protect diation be stayed pending the mediation; entity, who fails to comply with the require- our servicemembers from financial (10) provide information to mortgagors ments described in this section; challenges associated with deploy- about housing counselors approved by the (ii) to improve coordination between public Secretary; and and private initiatives to reduce the overall ments, and it should have prevented (11) be free of charge to the mortgagor and rate of mortgage defaults and foreclosures; the bank from foreclosing on Sergeant mortgagee. and Hurley. However, the bank violated the (d) RECORDKEEPING.—A State or local gov- (iii) to improve coordination between ini- SCRA, foreclosing on Sergeant Hurley ernment that receives a grant under this sec- tiatives undertaken by Federal, State, and illegally, and forcing his wife and chil- tion shall keep a record of the outcome of local governments. dren out of their home. Sergeant Hur- each mediation carried out under the medi- SEC. 6. HOUSING TRUST FUND. ation program, including the nature of any ley returned from combat, as a disabled From funds received or to be received by loan modification made as a result of par- veteran, only to find that the bank had the Secretary of the Treasury from the sale ticipation in the mediation program. sold the home that he worked so hard of warrants under title I of the Emergency (e) TARGETING.—A State that receives a to build. grant under this section may establish— Economic Stabilization Act of 2008 (12 U.S.C. The current economic climate has hit 5211 et seq.), the Secretary of the Treasury (1) a statewide mediation program; or our returning veterans particularly (2) a mediation program in a specific local- shall transfer and credit $1,000,000,000 to the Housing Trust Fund established under sec- hard, adding to the financial chal- ity that the State determines has a high lenges our deployed servicemembers al- need for such program due to— tion 1338 of the Federal Housing Enterprises (A) the number of foreclosures in the local- Financial Safety and Soundness Act of 1992 ready face. According to a recent De- ity; or (12 U.S.C. 4568) for use in accordance with partment of Labor report, the unem- (B) other characteristics of the locality such section. ployment rate for veterans rose to 9.9 that contribute to the number of fore- Mr. WHITEHOUSE. Mr. President, I percent overall, and 15.2 percent for closures in the locality. rise today to speak in support of legis- veterans of the wars in Iraq and Af- (f) FEDERAL SHARE.—The Federal share of lation I have introduced with Senators ghanistan. the cost of a mediation program established These heartbreaking statistics under- using a grant under this section may not ex- REED, MERKLEY, SANDERS and TESTER ceed 50 percent. to enhance foreclosure protections for score how difficult it can be to readjust (g) AUTHORIZATION OF APPROPRIATIONS.— our servicemembers and their families, economically to life at home. For our There are authorized to be appropriated to and to help ensure that their rights returning servicemembers that need carry out this section such sums as may be under the Servicemembers Civil Relief time to get back on financial solid necessary for each of fiscal years 2011 Act are not violated. footing, to rebuild what they had to through 2014. We have all heard horror stories walk away from to defend the rest of SEC. 5. OVERSIGHT OF PUBLIC AND PRIVATE EF- us, we should do everything we can to FORTS TO REDUCE MORTGAGE DE- about how servicers treat homeowners FAULTS AND FORECLOSURES. in distress. When these abusive mort- accommodate their needs, especially (a) DEFINITIONS.—In this section— gage practices harm the men and during these difficult economic times. (1) the term ‘‘heads of appropriate agen- women who are sent into harm’s way The Protecting Servicemembers from cies’’ means the Comptroller of the Cur- to protect our country, it is a par- Mortgage Abuses Act of 2011, which I rency, the Board of Governors of the Federal am introducing would encourage com- Reserve System, the Federal Deposit Insur- ticular tragedy and it deserves our urgent attention. pliance with the SCRA by doubling the ance Corporation, the National Credit Union maximum criminal penalties for viola- Administration, the Director of the Bureau Not only are these practices illegal of Consumer Financial Protection, the Di- and morally repugnant, they can also tions of its foreclosure and eviction rector of the Office of Financial Research of be a dangerous distraction from our protections. It would also double civil the Department of the Treasury, and a rep- military mission. Holly Petraeus, Gen- penalties in cases where the Attorney resentative of State banking regulators se- eral Petraeus’ wife, leads the Consumer General has commenced a civil action lected by the Secretary; Financial Protection Bureau’s Office against the lender. (2) the term ‘‘mortgagee’’ means— In addition, the bill will give for Service Member Affairs, and she (A) an original lender under a mortgage; servicemembers the time they need testified on this issue during a recent (B) any servicers, affiliates, agents, sub- after returning from deployment to re- hearing before the House Veterans’ Af- sidiaries, successors, or assignees of an origi- gain solid financial footing, by extend- nal lender; and fairs Committee. As she put it, ‘‘[i]t is ing the period of foreclosure protection (C) any subsequent purchaser, trustee, or a terrible situation for the family at coverage from 9 to 24 months after transferee of any mortgage or credit instru- home and for the servicemember military service has ended. ment issued by an original lender; and abroad who feels helpless.’’ (3) the term ‘‘servicer’’ means any person I hope Senators on both sides of the who collects on a home loan, whether such Service members over at the point of aisle will come together and join me in person is the owner, the holder, the assignee, the spear in Afghanistan have enough supporting legislation to discourage the nominee for the loan, or the beneficiary to worry about without worrying about loan servicers from further violations of a trust, or any person acting on behalf of the bank foreclosing on their family. and help to protect the financial and such person. According to recent media reports, it emotional well-being of our troops. (b) MONITORING OF HOME LOANS.— has come to light that financial insti- (1) IN GENERAL.—The Secretary, in con- tutions have repeatedly failed to com- sultation with the heads of appropriate agen- By Mr. AKAKA. cies, shall develop and implement a plan to ply with the Servicemembers Civil Re- S. 490. A bill to amend title 38, monitor— lief Act or ‘‘SCRA’’. These violations United States Code, to increase the (A) conditions and trends in homeowner- led to thousands of mortgage over- maximum age for children eligible for ship and the mortgage industry, in order to charges and a number of unlawful fore- medical care under the CHAMPVA pro- predict trends in foreclosures to better un- closures. Under the SCRA, it is illegal gram, and for other purposes; to the derstand other critical aspects of the mort- to foreclose on a protected service- Committee on Veterans’ Affairs. gage market; and member unless an authorization by a Mr. AKAKA. Mr. President, today, (B) the effectiveness of public and private efforts to reduce mortgage defaults and fore- judge is obtained. Then, the judge can many dependent children of veterans closures. only act after a hearing is held in who permanently and totally disabled (2) REPORT TO CONGRESS.—Not later than 1 which the military homeowner is rep- from a service connected disability or year after the development of the plan under resented. who died in the line of duty are no paragraph (1), and each year thereafter, the One of the most troubling cases is longer being covered by their health in- Secretary shall submit a report to Congress the story of SGT James B. Hurley, who surance program. I am introducing im- that— lost his home while he was serving in portant legislation that would make a (A) summarizes and describes the findings Iraq. Like many Reservists, Sergeant critical adjustment to current eligi- of the monitoring required under paragraph (1); and Hurley made less money serving on ac- bility requirements for children who (B) includes recommendations or proposals tive duty than he did in his civilian receive health care under the Civilian for legislative or administrative action nec- job. So, when he was mobilized, it be- Health and Medical Program of the De- essary— came a real struggle for his family to partment of Veterans Affairs program.

VerDate Mar 15 2010 03:16 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.060 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1236 CONGRESSIONAL RECORD — SENATE March 3, 2011 CHAMPVA was established in 1973 KLOBUCHAR, Mr. WICKER, Mrs. ple in the United States and through- within the Veterans Administration to MCCASKILL, Mr. ROBERTS, Mr. PRYOR, out the world. Our resolution high- provide health care services to depend- Mr. CONRAD, Mr. BROWN of Ohio, Mr. lights the impact of cooperatives and ents and survivors of our Nation’s vet- SCHUMER, Mrs. MURRAY, Mrs. BOXER, encourages the development of pro- erans. CHAMPVA enrollment has Mr. BAUCUS, Ms. STABENOW, Ms. CANT- grams, both here and abroad, for coop- grown steadily over the years and, as WELL, and Mr. NELSON of Nebraska) erative development. of fiscal year 2009, covers more than submitted the following resolution; The Capper-Volstead Act of 1922 was 336,000 beneficiaries. which was referred to the Committee the first legal protection for the coop- Under the current law, a dependent on the Judiciary: erative business model in which a busi- child loses eligibility for CHAMPVA S. RES. 87 ness is democratically controlled and upon turning 18-years-old, unless the Whereas in the United States, there are owned by its members and operates for child is enrolled in school on a full- more than 29,000 cooperatives with 120,000,000 the mutual benefit of its members. The time basis. After losing full-time sta- members; membership of a cooperative is com- tus at school, or upon turning 23-years- Whereas cooperatives in the United States prised of the individuals who use the old, an eligible child of a veteran would generate 2,000,000 jobs and make a substan- business’ services or buy its goods. The lose eligibility. tial contribution to the economy of the Capper-Volstead Act was originally en- United States with annual sales of acted with the purpose of legally em- The landmark health care reform act $652,000,000,000 and assets of $3,000,000,000,000; that was enacted into law last year in- Whereas the cooperative business model powering farmers to pool their mar- cludes a provision that requires private has empowered people around the world to keting resources and to improve farm- health insurance to cover dependent improve their lives through economic and so- ers’ bargaining power with the buyers children until age 26. cial progress; of their products. The cooperative busi- I believe it is only fair to afford chil- Whereas cooperatives are a major eco- ness model has since expanded to other dren who are CHAMPVA beneficiaries nomic force in developed countries and a areas of the economy, and has contrib- the same eligibility as dependent chil- powerful business model in developing coun- uted significantly to economic growth tries, employing approximately 100,000,000 dren whose parents have private sector in rural communities. people; A recent study from the University coverage. Beneficiaries are already Whereas there are millions of cooperatives, being cut off from coverage. We need to which are owned and governed by more than of Wisconsin Center for Cooperatives take prompt action to extend coverage 1,000,000,000 members, operating in every na- found that today, 29,000 U.S. coopera- to the dependents of these veterans tion of the world; tives operate at 73,000 places of busi- who have given so much to our coun- Whereas the economic activity of the larg- ness throughout the country. They try. I urge my colleagues to support est 300 cooperatives in the world is equal to have a significant impact on the econ- this necessary modification. that of the 10th largest national economy; omy, employing around 2 million peo- Whereas United Nations Resolution 64/136, Mr. President, I ask unanimous con- ple and generating more than $650 bil- adopted by the General Assembly on Decem- lion in revenue annually. Additionally, sent that the text of the bill be printed ber 18, 2009, designates the year 2012 as the in the RECORD. ‘‘International Year of Cooperatives’’; the member-owned and controlled na- There being no objection, the text of Whereas the theme of the International ture of cooperatives, particularly in the bill was ordered to be printed in Year of Cooperatives is ‘‘Cooperative Enter- rural States like South Dakota, helps the RECORD, as follows: prise Builds a Better World’’; and to ensure that economic activity re- Whereas cooperatives are the businesses of S. 490 mains in the community. Having a the people, and for more than a century, Be it enacted by the Senate and House of Rep- membership stake in a local business have been a vital part of the world economy: tends to make one more likely to buy resentatives of the United States of America in Now, therefore, be it Congress assembled, Resolved, That the Senate— goods or services from that business, SECTION 1. INCREASE OF MAXIMUM AGE FOR (1) designates the year 2012 as the ‘‘Inter- thereby contributing to local economic CHILDREN ELIGIBLE FOR MEDICAL national Year of Cooperatives’’; development. Research has even shown CARE UNDER CHAMPVA PROGRAM. (2) congratulates cooperatives and mem- that when consumers find out a busi- (a) INCREASE.—Subsection (c) of section bers of cooperatives in the United States and ness is organized as a cooperative, they 1781 of title 38, United States Code, is amend- around the world on the recognition of the are more likely to do business with ed to read as follows: United Nations of 2012 as the ‘‘International that entity. ‘‘(c)(1) Notwithstanding clauses (i) and (iii) Year of Cooperatives’’; of section 101(4)(A) of this title and except as Overall, Americans hold 350 million (3) recognizes the vital role cooperatives memberships in cooperatives. A major- provided in paragraph (2), for purposes of play in the economic and social well-being of this section, a child who is eligible for bene- the United States; ity of our Nation’s farmers are mem- fits under subsection (a) shall remain eligi- (4) urges the establishment of a National bers of nearly 3,000 farmer-owned coble for benefits under this section until the Committee for the 2012 International Year of operatives, which provide more than child’s 26th birthday, regardless of the Cooperatives to be comprised of representa- 250 thousand jobs in our economy. child’s marital status. tives from each Federal agency, all coopera- There are more than 900 rural electric ‘‘(2) Before January 1, 2014, paragraph (1) tive sectors, and key stakeholders; cooperatives servicing 42 million peo- shall not apply to a child who is eligible to (5) recognizes the importance of raising the enroll in an eligible employer-sponsored plan ple in almost every State, and over 91 profile of cooperatives and demonstrating million people bank at more than 7,500 (as defined in section 5000A(f)(2) of the Inter- the manner by which cooperatives build nal Revenue Code of 1986). local wealth, generate employment, and pro- credit unions throughout the country. ‘‘(3) This subsection shall not be construed vide competition in the marketplace; and In South Dakota alone, 81 farm supply to limit eligibility for coverage of a child de- (6) encourages highlighting the positive and marketing cooperatives claim scribed in section 101(4)(A)(ii) of this title.’’. impact of cooperatives and developing new 65,000 memberships, generating $5.3 bil- (b) EFFECTIVE DATE.—Such subsection, as programs for domestic and international co- lion in annual revenue. The 50 credit so amended, shall apply with respect to med- operative development. unions located in my home State hold ical care provided on or after the date of the enactment of this Act. Mr. JOHNSON of South Dakota. Mr. 24,600 memberships and generate $2.2 President, today I submitted a resolu- billion in assets. Additionally, there f tion with my friend, Senator THAD are 125,000 members of the 30 electric SUBMITTED RESOLUTIONS COCHRAN of Mississippi, to recognize cooperatives and 49,000 members of 11 and celebrate the importance of co- telephone cooperatives throughout the operatives to our economy, and our State. Cooperatives clearly take many SENATE RESOLUTION 87—DESIG- rural communities in particular. In different forms in our communities, NATING THE YEAR OF 2012 AS 2009, the United Nations General As- providing jobs and opportunities for THE ‘‘INTERNATIONAL YEAR OF sembly officially declared 2012 as ‘‘The rural residents, and in the case of agri- COOPERATIVES’’ International Year of Cooperatives’’ culture, provide new markets for the Mr. JOHNSON of South Dakota (for through a resolution calling on govern- products they produce. himself, Mr. COCHRAN, Mr. KOHL, Mr. ments to recognize the important role My resolution will officially include ENZI, Ms. COLLINS, Mr. FRANKEN, Mr. cooperatives play in providing eco- the United States in recognizing 2012 as TESTER, Mr. GRASSLEY, Ms. nomic opportunity for millions of peo- the International Year of Cooperatives,

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This would hurt job f increasingly concerning, that the ad- creation since 70 percent of our good ministration is proposing to raise taxes SENATE RESOLUTION 88—EX- American jobs are created by these on America’s small businesses, either businesses. PRESSING THE SENSE OF THE by forcing them to reorganize as sub- SENATE THAT BUSINESSES OF chapter C corporations solely for tax I urge my colleagues to review my THE UNITED STATES SHOULD reasons and be subjected to new and proposal and join me in telling those RETAIN THE OPTION TO ORGA- additional taxes, or, by allowing them who would raise taxes on the millions NIZE AS THOSE BUSINESSES to remain organized as flow-through of businesswomen and businessmen we CHOOSE, INCLUDING THE FLOW- entities, where they will face massive are counting on to create the jobs we THROUGH ENTITIES, AND NOT increases after 2012 when current tax need to put the recession firmly behind BE FORCED TO REORGANIZE AS rates expire. Our Nation simply cannot us—no thank you. C CORPORATIONS afford an impending tax increase of Ms. SNOWE submitted the following over $800 billion. Subjecting small busi- f resolution; which was referred to the nesses to the double taxation of cor- Committee on Finance. porate-entity status would be a major SENATE RESOLUTION 89—RELAT- S. RES. 88 mistake. ING TO THE DEATH OF FRANK Whereas the tremendous growth in busi- There has been tremendous growth in W. BUCKLES, THE LONGEST SUR- nesses organized as flow-through entities, in- the number of flow-through entities— VIVING UNITED STATES VET- cluding S corporations, has resulted in the that is, non-C corporations—over the ERAN OF THE FIRST WORLD number of flow-through entities far exceed- past 30 years and this growth has only WAR ing the number of C corporations; accelerated in the last decade. Since Whereas there are more than 26,000,000 1997, S corporations have outnumbered Mr. ROCKEFELLER (for himself, Mr. businesses operating as flow-through entities BURR, Mr. MANCHIN, Mr. UDALL of Colo- in the United States, representing 82 percent C corporations. Fifty percent of all in- rado, Mr. BEGICH, Mrs. MCCASKILL, Mr. of all United States businesses, relative to come above $250,000 currently is attrib- just 5,900,000 C corporations; utable to flow-through businesses. By MENENDEZ, Mr. BROWN of Ohio, Mr. Whereas these flow-through and small 2007, only 5.9 million out of a total 32.1 LIEBERMAN, Mr. NELSON of Florida, Mr. businesses create 70 percent of all new jobs million U.S. businesses, or just 18 per- KERRY, Mr. WYDEN, Ms. LANDRIEU, Mr. and are responsible for 44 percent of the total cent, were C corporations, meaning the BROWN of Massachusetts, Mr. MCCAIN, private payroll in the United States; overwhelming number of businesses in and Mr. BINGAMAN) submitted the fol- Whereas under the Internal Revenue Code this country organize as flow-through lowing resolution; which was consid- of 1986 as in effect in March 2011, these job- entities. ered and agreed to: generating businesses are taxed at individual The administration is proposing to tax rates based on the individual income of S. RES. 89 the business owners, making these busi- eliminate choice and require C corporation formation purely to generate rev- Whereas Frank Woodruff Buckles is the nesses highly sensitive to changes in indi- last known American World War I veteran, vidual tax rates; enue. C corporate form helps generate who passed away on February 27, 2011, at the Whereas as of March 2011, 50 percent of all revenue because it is inherently a dou- age of 110, and represents his generation of income above $250,000 is attributable to flow- ble tax, first at the entity then at the veterans; through businesses; individual shareholder level. The Whereas America’s support of Great Brit- Whereas, if individual tax rates increase Treasury Secretary said that this pro- ain, France, Belgium, and its other allies in after 2012 in accordance with the proposals posed change could subject up to $3 World War I marked the first time in the Na- set forth by the President, flow-through trillion to new and additional income tion’s history that American soldiers went businesses will face a massive aggregate tax abroad in defense of liberty against foreign increase, potentially in excess of taxes. In this regard, the administration is aggression, and it marked the true beginning $800,000,000,000; of the ‘‘American century’’; Whereas the Secretary of the Treasury has proposing to raise taxes on America’s Whereas more than 4,000,000 men and proposed forcing flow-through entities to re- small businesses: either by forcing women from the United States served in uni- organize as C corporations to make them them to reorganize as C corporations form during World War I, among them 2 fu- subject to double taxation as a way to im- solely for tax reasons and be subjected ture presidents, Harry S. Truman and pose more taxes on these businesses in order to new and additional levies, or if the Dwight D. Eisenhower; to pay for the budgetary policies of the administration deigns to let them re- Whereas 2,000,000 individuals from the President; and main organized as flow-through enti- United States served overseas during World Whereas forcing corporate reorganizations War I, including 200,000 naval personnel who for purely tax-driven reasons represents a ties, then they will be hit with massive increased taxes after 2012 when current served on the seas; misguided incentive, a misallocation of pre- Whereas the United States suffered 375,000 cious business resources, and a serious tax rates expire—an impending tax in- casualties during World War I, including threat to job creation: Now, therefore, be it crease of over $800 billion that job cre- 116,516 deaths; Resolved, That it is the sense of the Senate ators cannot afford. Whereas the events of 1914 through 1918 that— Individual income tax rates abso- shaped the world, the United States, and the (1) the Federal Government should pre- lutely affect these businesses. The lives of millions of people in countless ways; serve the organizational options available growth in the number of flow-through and for businesses to operate as the businesses businesses is critical to understanding Whereas Frank Woodruff Buckles is the choose, including as flow-through entities; last veteran to represent the extraordinary (2) raising taxes on businesses that create why the increase in individual rates is so damaging to small business job gen- legacy of the World War I veterans: Now, jobs will be detrimental to the economic re- therefore, be it covery of the United States; eration. (3) generating increased tax revenue on the When we talk about flow-through en- Resolved, That— backs of the small businesses of the United tities what we really mean are Amer- (1) the Senate recognizes the historic con- States is inconsistent with, and will impede, ica’s small businesses. A discussion of tributions of all United States veterans who job creation; and tax reform must not ignore the small served in the First World War; and (4) any legislative approach to comprehen- (2) when the Senate adjourns today, it businesses that make up the backbone stand adjourned as a further mark of respect sive fundamental tax reform should include of America. The administration con- a debate on the individual rates at which to the memory of Frank W. Buckles, the most businesses in the United States should tinues to talk about corporate tax re- longest surviving United States veteran of be taxed, rather than narrowly focusing on form but it should be talking about the First World War. corporate tax rates or forcing small business business tax reform, which of necessity SEC. 2. The Secretary of the Senate is di- owners into corporate status for tax pur- must include a real discussion of indi- rected to transmit an enrolled copy of this poses. vidual tax rates. resolution to the family of the deceased.

VerDate Mar 15 2010 03:16 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\G03MR6.047 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1238 CONGRESSIONAL RECORD — SENATE March 3, 2011 SENATE RESOLUTION 90—SUP- Whereas according to the International tissue, thereby interfering with or pre- PORTING THE GOALS OF ‘‘INTER- Union for Conservation of Nature, women in venting the transmission of nerve signals; NATIONAL WOMEN’S DAY’’ AND developing countries are disproportionately Whereas in rare cases, multiple sclerosis is RECOGNIZING THIS YEAR’S CEN- affected by changes in climate because of so progressive that the disease is fatal; their need to secure water, food, and fuel for Whereas there is no known cure for mul- TENNIAL ANNIVERSARY OF their livelihood; tiple sclerosis; INTERNATIONAL WOMEN’S DAY Whereas according to the World Health Or- Whereas the Multiple Sclerosis Coalition, Mrs. SHAHEEN (for herself, Mr. ganization, as many as 1 in 5 women report an affiliation of multiple sclerosis organiza- CARDIN, Ms. SNOWE, Ms. COLLINS, Mr. being sexually abused before the age of 15; tions dedicated to the enhancement of the DURBIN, Ms. MIKULSKI, Mr. LAUTEN- Whereas March 8 is recognized each year as quality of life for all those affected by multiple sclerosis, recognizes and celebrates BERG, Mrs. BOXER, Mr. BEGICH, Mr. International Women’s Day, a global day to celebrate the economic, political, and social Multiple Sclerosis Awareness Week; WHITEHOUSE, and Mrs. MURRAY) sub- achievements of women past, present, and Whereas the mission of the Multiple Scle- mitted the following resolution; which future and a day to recognize the obstacles rosis Coalition is to increase opportunities was considered and agreed to: that women still face in the struggle for for cooperation and provide greater oppor- S. RES. 90 equal rights and opportunities; and tunity to leverage the effective use of re- Whereas there are more than 3,300,000,000 Whereas the milestone 100th anniversary of sources for the benefit of the multiple scle- women in the world today; International Women’s Day is a testament to rosis community; Whereas women around the world partici- the dedication and determination of women Whereas the Multiple Sclerosis Coalition pate in the political, social, and economic and men around the world to address gender recognizes and celebrates Multiple Sclerosis life of their communities, play a critical role inequality: Now, therefore, be it Awareness Week for 1 week in March of each in providing and caring for their families, Resolved, That the Senate— year; contribute substantially to the growth of (1) supports the goals of ‘‘International Whereas the goals of Multiple Sclerosis economies, and, as both farmers and care- Women’s Day’’; Awareness Week are— givers, play an important role in advancing (2) recognizes the significance of the 100th (1) to invite people to join the movement food security for their communities; anniversary of International Women’s Day; to end multiple sclerosis; Whereas President Barack Obama said, (3) recognizes that the empowerment of (2) to encourage each individual in the ‘‘[o]ur common prosperity will be advanced women is inextricably linked to the poten- United States to do something that dem- by allowing all humanity – men and women tial of nations to generate economic growth onstrates a commitment to moving toward a – to reach their full potential’’; and sustainable democracy; world free of multiple sclerosis; and (3) to acknowledge those individuals who Whereas Secretary of State Hillary (4) recognizes and honors the women in the have dedicated their time and talent to help- Rodham Clinton said, ‘‘Put simply, we have United States and around the world who ing to promote multiple sclerosis research much less hope of addressing the complex have worked throughout history to ensure and programs; and challenges we face in this new century with- that women are guaranteed equality and Whereas in 2011, the week of March 14, 2011, out the full participation of women. Whether basic human rights; through March 20, 2011, has been designated the economic crisis, the spread of terrorism, (5) reaffirms its commitment to ending disas Multiple Sclerosis Awareness Week: Now, regional conflicts that threaten families and crimination and violence against women and therefore, be it communities, and climate change and the girls, to ensuring the safety and welfare of Resolved, That the Senate— dangers it presents to the world’s health and women and girls, and to pursuing policies (1) supports the goals and ideals of Mul- security, we will not solve these challenges that guarantee the basic human rights of tiple Sclerosis Awareness Week; through half measures. Yet too often, on women and girls worldwide; and (2) encourages the States, territories, pos- these issues and many more, half the world (6) encourages the people of the United sessions, and localities of the United States is left behind.’’; States to observe International Women’s to support the goals and ideals of Multiple Whereas the ability of women to realize Day with appropriate programs and activi- Sclerosis Awareness Week by issuing procla- their full potential is critical to the ability ties. mations designating Multiple Sclerosis of a nation to achieve strong and lasting eco- f Awareness Week; nomic growth and political and social sta- (3) encourages media organizations to par- bility; SENATE RESOLUTION 91—SUP- ticipate in Multiple Sclerosis Awareness Whereas according to the 2010 World Eco- PORTING THE GOALS AND Week by helping to educate the public about nomic Forum Global Gender Gap Report, IDEALS OF MULTIPLE SCLE- multiple sclerosis; ‘‘reducing gender inequality enhances pro- ROSIS AWARENESS WEEK ductivity and economic growth’’; (4) commends the efforts of the States, ter- Whereas according to the International Mr. CASEY (for himself, Ms. SNOWE, ritories, possessions, and localities of the United States that support the goals and Monetary Fund, ‘‘focusing on the needs and and Mrs. HAGAN) submitted the fol- empowerment of women is one of the keys to lowing resolution; which was consid- ideals of Multiple Sclerosis Awareness Week; (5) recognizes and reaffirms the commit- human development’’; ered and agreed to: Whereas despite some achievements made ment of the United States to creating a S. RES. 91 by individual women leaders, women around world free of multiple sclerosis by— the globe are still vastly underrepresented in Whereas multiple sclerosis can impact men (A) promoting awareness about people who high level positions and in national and local and women of all ages, races, and ethnicities; are living with multiple sclerosis; and legislatures and governments and, according Whereas more than 400,000 Americans live (B) promoting new education programs, to the Inter-Parliamentary Union, women with multiple sclerosis; supporting research, and expanding access to account for only 19.2 percent of national par- Whereas approximately 2,100,000 people medical treatment; liamentarians; worldwide have been diagnosed with mul- (6) recognizes all people in the United Whereas although strides have been made tiple sclerosis; States living with multiple sclerosis and ex- in recent decades, women around the world Whereas every hour of every day, someone presses gratitude to their family members continue to face significant obstacles in all is newly diagnosed with multiple sclerosis; and friends who are a source of love and en- aspects of their lives including denial of Whereas an estimated 8,000 to 10,000 chil- couragement to those individuals; and basic human rights, discrimination, and gen- dren and adolescents are living with multiple (7) salutes the health care professionals der-based violence; sclerosis; and medical researchers who— Whereas according to the World Bank, Whereas the exact cause of multiple scle- (A) provide assistance to those individuals women account for approximately 70 percent rosis is still unknown; in the United States living with multiple of individuals living in poverty worldwide; Whereas the symptoms of multiple scle- sclerosis; and Whereas according to UNESCO, women ac- rosis are unpredictable and vary from person (B) continue to work to find ways to stop count for 64 percent of the 796,000,000 adults to person; the progression of the disease, restore nerve worldwide who lack basic literacy skills; Whereas there is no laboratory test avail- function, and end multiple sclerosis forever. Whereas according to the International able that definitively diagnoses a case of f Center for Research on Women, there are multiple sclerosis; more than 60,000,000 child brides in devel- Whereas multiple sclerosis is not genetic, SENATE RESOLUTION 92—TO AU- oping countries, some of whom are as young contagious, or directly inherited, but studies THORIZE THE PAYMENT OF as 7 years old; show that there are genetic factors that indi- LEGAL EXPENSES OF SENATE Whereas according to the Food and Agri- cate that certain individuals may be suscep- EMPLOYEES OUT OF THE CON- culture Organization, the majority of women tible to the disease; TINGENT FUND OF THE SENATE living in rural areas of the developing world Whereas multiple sclerosis symptoms are heavily engaged in agricultural labor, occur when an immune system attack affects Mr. SCHUMER (for himself and Mr. yet they receive less credit, land, agricul- the myelin in nerve fibers of the central ALEXANDER) submitted the following tural inputs, and training than their male nervous system, damaging or destroying the resolution; which was considered and counterparts; myelin and replacing the myelin with scar agreed to:

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S. RES. 92 bill S. 23, supra; which was ordered to lie on At the appropriate place, insert the fol- Resolved, the table. lowing: ll SECTION 1. AUTHORIZATION OF THE PAYMENT f SEC. . DAMAGES. OF LEGAL EXPENSES. Section 284 of title 35, United States Code, TEXT OF AMENDMENTS is amended— (a) IN GENERAL.—The Committee on Rules and Administration is authorized to pay out SA 141. Mr. BAUCUS (for himself and (1) by striking ‘‘Upon finding’’ and insert- of the contingent fund of the Senate the Mr. GRASSLEY) submitted an amending the following: ‘‘(a) IN GENERAL.—Upon legal expenses incurred by Jean Manning and ment intended to be proposed by him finding’’; Erica Watkins for the employment of private (2) by striking ‘‘fixed by the court’’ and all to the bill S. 23, to amend title 35, that follows through ‘‘When the damages’’ counsel to represent them with respect to of- United States Code, to provide for pat- and inserting the following: ‘‘fixed by the ficial actions and responsibilities before the ent reform; which was ordered to lie on court. When the damages’’; grand jury in the United States District the table; as follows: (3) by striking ‘‘shall assess them.’’ and all Court for the District of Columbia. that follows through ‘‘The court may re- (b) DETERMINATION.—The amount of ex- On page 94, between lines 22 and 23, insert ceive’’ and inserting the following: ‘‘shall as- penses paid pursuant to subsection (a) shall the following: sess them.In either event the court may in- be determined by the Committee on Rules (e) EXCLUSION.—This section shall not apply to that part of an invention that is a crease the damages up to 3 times the amount and Administration. method, apparatus, computer program prod- found or assessed. Increased damages under f uct or system used solely for preparing a tax this subsection shall not apply to provisional rights under section 154(d) of this title. The SENATE CONCURRENT RESOLU- or information return or other tax filing, including one that records, transmits, trans- court may receive’’; and TION 10—AUTHORIZING THE RE- fers or organizes data related to such filing. (4) by adding at the end the following: MAINS OF FRANK W. BUCKLES, ‘‘(b) PROCEDURE FOR DETERMINING DAM- THE LAST SURVIVING UNITED SA 142. Mr. BINGAMAN submitted an AGES.— STATES VETERAN OF THE FIRST amendment intended to be proposed by ‘‘(1) IN GENERAL.—The court shall identify WORLD WAR, TO LIE IN HONOR him to the bill S. 23, to amend title 35, the methodologies and factors that are rel- IN THE ROTUNDA OF THE CAP- United States Code, to provide for pat- evant to the determination of damages, and the court or jury shall consider only those ITOL ent reform; as follows: methodologies and factors relevant to mak- Mr. ROCKEFELLER (for himself, Mr. On page 50, between lines 2 and 3, insert ing such determination. the following: BURR, Mr. MANCHIN, Mr. UDALL of Colo- ‘‘(2) DISCLOSURE OF CLAIMS.—By no later ‘‘(c) DATA ON LENGTH OF REVIEW.—The Pat- than the entry of the final pretrial order, un- rado, Mr. BEGICH, Mrs. MCCASKILL, Mr. ent and Trademark Office shall make avail- less otherwise ordered by the court, the par- MENENDEZ, Mr. BROWN of Ohio, Mr. able to the public data describing the length ties shall state, in writing and with particu- LIEBERMAN, Mr. NELSON of Florida, Mr. of time between the commencement of each larity, the methodologies and factors the KERRY, Mr. WYDEN, Ms. LANDRIEU, Mr. inter partes review and the conclusion of parties propose for instruction to the jury in BROWN of Massachusetts, and Mr. that review.’’. determining damages under this section, MCCAIN) submitted the following con- On page 65, between lines 9 and 10, insert specifying the relevant underlying legal and the following: factual bases for their assertions. current resolution; which was referred ‘‘(c) DATA ON LENGTH OF REVIEW.—The Pat- to the Committee on Rules and Admin- ‘‘(3) SUFFICIENCY OF EVIDENCE.—Prior to ent and Trademark Office shall make avail- the introduction of any evidence concerning istration: able to the public data describing the length the determination of damages, upon motion S. CON. RES. 10 of time between the commencement of each of either party or sua sponte, the court shall Resolved by the Senate (the House of Rep- post-grant review and the conclusion of that consider whether one or more of a party’s resentatives concurring), review.’’. damages contentions lacks a legally sufficient evidentiary basis. After providing a SECTION 1. HONORING VETERANS OF THE FIRST SA 143. Mr. REID of Nevada (for him- WORLD WAR. nonmovant the opportunity to be heard, and self and Mr. ENSIGN) submitted an (a) IN GENERAL.—In recognition of the his- after any further proffer of evidence, brief- toric contributions of United States veterans amendment intended to be proposed by ing, or argument that the court may deem who served in the First World War, the re- him to the bill S. 23, to amend title 35, appropriate, the court shall identify on the mains of Frank W. Buckles, the last sur- United States Code, to provide for pat- record those methodologies and factors as to viving United States veteran of the First ent reform; which was ordered to lie on which there is a legally sufficient evi- World War, shall be permitted to lie in honor the table; as follows: dentiary basis, and the court or jury shall consider only those methodologies and fac- in the rotunda of the Capitol from March 14, On page 93, before line 18, insert the fol- 2011 to March 15, 2011, so that the citizens of tors in making the determination of dam- lowing: ages under this section. The court shall only the United States may pay their last re- ‘‘(d) EPSCOR.—For purposes of this sec- permit the introduction of evidence relating spects to those great Americans. tion, a micro entity shall include an appli- to the determination of damages that is rel- (b) IMPLEMENTATION.—The Architect of the cant who certifies that— evant to the methodologies and factors that Capitol, under the direction and supervision ‘‘(1) the applicant’s employer, from which the court determines may be considered in of the President pro tempore of the Senate the applicant obtains the majority of the ap- making the damages determination. and the Speaker of the House of Representa- plicant’s income, is a State public institu- tives shall take the necessary steps to imple- ‘‘(c) SEQUENCING.—Any party may request tion of higher education, as defined in sec- that a patent-infringement trial be ment subsection (a). tion 102 of the Higher Education Act of 1965 sequenced so that the trier of fact decides f (20 U.S.C. 1002), in a jurisdiction that is eligi- questions of the patent’s infringement and ble to qualify under the Research Infrastruc- validity before the issues of damages and AMENDMENTS SUBMITTED AND ture Improvement Grant Program adminis- willful infringement are tried to the court or PROPOSED tered by the Office of Experimental Program the jury. The court shall grant such a re- to Stimulate Competitive Research SA 141. Mr. BAUCUS (for himself and Mr. quest absent good cause to reject the re- (EPSCoR); or GRASSLEY) submitted an amendment in- quest, such as the absence of issues of sig- ‘‘(2) the applicant has assigned, granted, tended to be proposed by him to the bill S. nificant damages or infringement and valid- conveyed, or is under an obligation by con- 23, to amend title 35, United States Code, to ity. The sequencing of a trial pursuant to tract or law to assign, grant, or convey, a li- provide for patent reform; which was ordered this subsection shall not affect other mat- cense or other ownership interest in the par- to lie on the table. ters, such as the timing of discovery. This ticular application to such State public in- SA 142. Mr. BINGAMAN submitted an subsection does not authorize a party to re- stitution, which is in a jurisdiction that is amendment intended to be proposed by him quest that the issues of damages and willful eligible to qualify under the Research Infra- to the bill S. 23, supra. infringement be tried to a jury different than structure Improvement Grant Program ad- the one that will decide questions of the pat- SA 143. Mr. REID of Nevada (for himself ministered by the Office of Experimental ent’s infringement and validity.’’. and Mr. ENSIGN) submitted an amendment Program to Stimulate Competitive Research intended to be proposed by him to the bill S. (EPSCoR).’’. SA 145. Mr. CARDIN submitted an 23, supra; which was ordered to lie on the amendment intended to be proposed by table. SA 144. Ms. CANTWELL submitted him to the bill S. 23, to amend title 35, SA 144. Ms. CANTWELL submitted an an amendment intended to be proposed amendment intended to be proposed by her United States Code, to provide for pat- to the bill S. 23, supra; which was ordered to by her to the bill S. 23, to amend title ent reform; which was ordered to lie on lie on the table. 35, United States Code, to provide for the table; as follows: SA 145. Mr. CARDIN submitted an amend- patent reform; which was ordered to lie On page 83, between lines 6 and 7, insert ment intended to be proposed by him to the on the table; as follows: the following:

VerDate Mar 15 2010 03:16 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.074 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1240 CONGRESSIONAL RECORD — SENATE March 3, 2011 (8) REPORT ON SMALL PUBLIC UNIVERSITIES ing the session of the Senate on March As a tribute to Mr. Buckles, I have AND ELIGIBLE INSTITUTIONS.—Not later than 3, 2011, at 10 a.m. to conduct a hearing introduced a bipartisan resolution so 12 months after the date of enactment of this entitled ‘‘Closing the Gap: Exploring he can lie in honor in the Capitol Ro- Act, the Director shall report to Congress Minority Access to Capital and Con- tunda on March 14 to allow the Amer- on— (A) the number of patent applications re- tracting Opportunities.’’ ican people to properly pay their received by the Patent and Trademark Office The PRESIDING OFFICER. Without spects. To further honor his genera- during the prior 5-year period from small objection, it is so ordered. tions’ sacrifices, Mr. Frank Buckles public universities and eligible institutions, SELECT COMMITTEE ON INTELLIGENCE will be buried at Arlington National as defined in section 371(a) of the Higher Mr. BENNET. Mr. President, I ask Cemetery with full military honors. Education Act of 1965 (20 U.S.C. 1067q); and unanimous consent that the Select President Obama has ordered all flags (B) whether the patent fee structure set Committee on Intelligence be author- flown over government buildings be forth under this Act and title 35 of the flown at half-mast on this day as we United States Code hinders the ability of ized to meet during the session of the such universities and institutions to benefit Senate on March 3, 2011 at 2:30 p.m. mourn the loss of a citizen and a gen- from the provisions under chapter 18 of title The PRESIDING OFFICER. Without eration who will forever hold a place in 35, United States Code (commonly known as objection, it is so ordered. our nation’s history. the ‘‘Bayh-Dole Act’’). f I want to conclude by offering my f deepest sympathies to Mr. Buckles’ RELATIVE TO THE DEATH OF daughter, Susannah Buckles Flanagan. AUTHORITY FOR COMMITTEES TO FRANK WOODRUFF BUCKLES She has been the loving daughter at his MEET Mr. REID. Mr. President, I ask unan- side in recent years taking such good COMMITTEE ON AGRICULTURE, NUTRITION, AND imous consent that the Senate proceed care of him which allowed him to live FORESTRY to S. Res. 89. at home in dignity, surrounded by fam- Mr. BENNET. Mr. President, I ask The PRESIDING OFFICER. The ily and friends. unanimous consent that the Com- clerk will report the resolution by As America’s longest surviving vet- mittee on Agriculture, Nutrition, and title. eran of World War I, Frank Buckles Forestry be authorized to meet during The legislative clerk read as follows: represented our final link to a genera- the session of the Senate on March 3, A resolution (S. Res. 89) relating to the tion that built a legacy as the defend- 2011, at 2:30 p.m. in SR 328A. death of Frank Woodruff Buckles, the long- ers of the free world in the first large The PRESIDING OFFICER. Without est surviving veteran of the First World War. scale global conflict. I can promise you objection, it is so ordered. There being no objection, the Senate that his legacy and the legacy of all COMMITTEE ON ARMED SERVICES proceeded to consider the resolution. veterans will live on forever in the Mr. BENNET. Mr. President, I ask Mr. ROCKEFELLER. Mr. President, ideals and values that make America unanimous consent that the Com- today I want to honor the passing of the strongest nation in the world. mittee on Armed Services be author- America’s last surviving veteran of the Mr. REID. Mr. President, I ask unan- ized to meet during the session of the First World War, Mr. Frank Woodruff imous consent that the resolution be Senate on March 3, 2011, at 9:30 a.m. Buckles. It is important that we as a agreed to, the preamble be agreed to, The PRESIDING OFFICER. Without nation express our deep appreciation the motions to reconsider be laid upon objection, it is so ordered. for the sacrifices that Mr. Buckles and the table, with no intervening action his brothers-in-arms endured for our COMMITTEE ON ENERGY AND NATURAL or debate, and that any statements re- country nearly a century ago. Men like RESOURCES lating to the measure be printed in the Frank have fought in numerous battles Mr. BENNET. Mr. President, I ask RECORD. in the defense of this Nation and have unanimous consent that the Com- The PRESIDING OFFICER. Without made sure that we as Americans are mittee on Energy and Natural Re- objection, it is so ordered. able to enjoy the quality of life that we sources be authorized to meet during The resolution (S. Res. 89) was agreed so cherish. the session of the Senate on March 3, to. Mr. Buckles witnessed the world 2011, at 9:30 a.m., in room 366 of the The preamble was agreed to. change dramatically throughout his Dirksen Senate Office Building. The resolution, with its preamble, lifetime and had experiences that most The PRESIDING OFFICER. Without reads as follows: of us can only dream about. He saw the objection, it is so ordered. S. RES. 89 metamorphosis that defined the Amer- Whereas Frank Woodruff Buckles is the COMMITTEE ON FOREIGN RELATIONS ican social and cultural revolutions of Mr. BENNET. Mr. President, I ask last known American World War I veteran, the last century. As a young man, he who passed away on February 27, 2011, at the unanimous consent that the Com- served in the Army’s ambulance corps age of 110, and represents his generation of mittee on Foreign Relations be author- in France and Germany, where he evac- veterans; ized to meet during the session of the uated wounded soldiers from the bat- Whereas America’s support of Great Brit- Senate on March 3, 2011, at 2:30 p.m., to tlefield. As a civilian during the Sec- ain, France, Belgium, and its other allies in hold a hearing entitled, ‘‘Navigating a ond World War, he spent more than World War I marked the first time in the Na- Turbulent Global Economy—Implica- tion’s history that American soldiers went three years in a Japanese prison camp abroad in defense of liberty against foreign tions for the United States.’’ in the Philippines. The PRESIDING OFFICER. Without aggression, and it marked the true beginning As a tribute to Mr. Buckles and for of the ‘‘American century’’; objection, it is so ordered. all the World War I veterans that he Whereas more than 4,000,000 men and COMMITTEE ON THE JUDICIARY represents, we must remember all of women from the United States served in uni- Mr. BENNET. Mr. President, I ask his brothers and sisters who defended form during World War I, among them 2 fu- unanimous consent that the Com- our country along with him. Nearly 4.5 ture presidents, Harry S. Truman and mittee on the Judiciary be authorized million U.S. soldiers, sailors, airmen Dwight D. Eisenhower; to meet during the session of the Sen- and Marines joined forces with over 37 Whereas 2,000,000 individuals from the ate, on March 3, 2011, at 10 a.m., in SD– United States served overseas during World million Allied soldiers to defeat the War I, including 200,000 naval personnel who 226 of the Dirksen Senate Office Build- Central Powers. These service members served on the seas; ing, to conduct an executive business witnessed atrocities such as gas war- Whereas the United States suffered 375,000 meeting. fare that were unprecedented at the casualties during World War I, including The PRESIDING OFFICER. Without time. Each and every one of them made 116,516 deaths; objection, it is so ordered. their own significant contribution to Whereas the events of 1914 through 1918 shaped the world, the United States, and the COMMITTEE ON SMALL BUSINESS AND the war effort that cannot be under- lives of millions of people in countless ways; ENTREPRENEURSHIP stated. This generation of dynamic and and Mr. BENNET. Mr. President, I ask dedicated Americans was able to alter Whereas Frank Woodruff Buckles is the unanimous consent that the Com- the course of history for the better- last veteran to represent the extraordinary mittee on Small Business and Entre- ment of each and every one of us here legacy of the World War I veterans: Now, preneurship be authorized to meet dur- today. therefore, be it

VerDate Mar 15 2010 04:07 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.076 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE March 3, 2011 CONGRESSIONAL RECORD — SENATE S1241 Resolved, That— of a nation to achieve strong and lasting eco- SUPPORTING THE GOALS AND (1) the Senate recognizes the historic con- nomic growth and political and social sta- IDEALS OF MULTIPLE SCLE- tributions of all United States veterans who bility; ROSIS AWARENESS WEEK served in the First World War; and Whereas according to the 2010 World Eco- (2) when the Senate adjourns today, it nomic Forum Global Gender Gap Report, Mr. REID. Mr. President, I ask unan- stand adjourned as a further mark of respect ‘‘reducing gender inequality enhances pro- imous consent that the Senate proceed to the memory of Frank W. Buckles, the ductivity and economic growth’’; to the consideration of S. Res. 91. longest surviving United States veteran of Whereas according to the International The PRESIDING OFFICER. The the First World War. Monetary Fund, ‘‘focusing on the needs and clerk will report the resolution by SEC. 2. The Secretary of the Senate is di- empowerment of women is one of the keys to title. human development’’; rected to transmit an enrolled copy of this The legislative clerk read as follows: resolution to the family of the deceased. Whereas despite some achievements made A resolution (S. Res. 91) supporting the Mr. REID. Mr. President, I had the by individual women leaders, women around the globe are still vastly underrepresented in goals and ideals of Multiple Sclerosis Aware- good fortune a short time ago, when we high level positions and in national and local ness Week. had a ceremony in the Rotunda of the legislatures and governments and, according There being no objection, the Senate Capitol, to meet Mr. Buckles and talk to the Inter-Parliamentary Union, women proceeded to consider the resolution. to him. It is amazing he had such vital- account for only 19.2 percent of national par- Mr. REID. Mr. President, I ask unan- liamentarians; ity at such an old age. I am happy this imous consent that the resolution be matter is completed. Whereas although strides have been made in recent decades, women around the world agreed to, the preamble be agreed to, f continue to face significant obstacles in all the motions to reconsider be laid upon SUPPORTING THE GOAL OF aspects of their lives including denial of the table, with no intervening action ‘‘INTERNATIONAL WOMEN’S DAY’’ basic human rights, discrimination, and gen- or debate, and that any statements re- der-based violence; lating to the measure be printed in the Mr. REID. Mr. President, I ask unan- Whereas according to the World Bank, RECORD. imous consent that the Senate now women account for approximately 70 percent The PRESIDING OFFICER. Without proceed to the consideration of S. Res. of individuals living in poverty worldwide; Whereas according to UNESCO, women ac- objection, it is so ordered. 90. The resolution (S. Res. 91) was agreed The PRESIDING OFFICER. The count for 64 percent of the 796,000,000 adults to. clerk will report the resolution by worldwide who lack basic literacy skills; Whereas according to the International The preamble was agreed to. title. Center for Research on Women, there are The resolution, with its preamble, The legislative clerk read as follows: more than 60,000,000 child brides in devel- reads as follows: A resolution (S. Res. 90) supporting the oping countries, some of whom are as young S. RES. 91 goal of ‘‘International Women’s Day’’ and as 7 years old; recognizing this year’s centennial anniver- Whereas according to the Food and Agri- Whereas multiple sclerosis can impact men sary of International Women’s Day. culture Organization, the majority of women and women of all ages, races, and ethnicities; living in rural areas of the developing world Whereas more than 400,000 Americans live There being no objection, the Senate with multiple sclerosis; proceeded to consider the resolution. are heavily engaged in agricultural labor, yet they receive less credit, land, agricul- Whereas approximately 2,100,000 people Mr. REID. Mr. President, I ask unan- tural inputs, and training than their male worldwide have been diagnosed with mul- imous consent that the resolution be counterparts; tiple sclerosis; agreed to, the preamble be agreed to, Whereas according to the International Whereas every hour of every day, someone the motions to reconsider be laid upon Union for Conservation of Nature, women in is newly diagnosed with multiple sclerosis; the table, with no intervening action developing countries are disproportionately Whereas an estimated 8,000 to 10,000 chil- or debate, and that any statements re- affected by changes in climate because of dren and adolescents are living with multiple sclerosis; lating to the measure be printed in the their need to secure water, food, and fuel for their livelihood; Whereas the exact cause of multiple scle- RECORD. Whereas according to the World Health Or- rosis is still unknown; The PRESIDING OFFICER. Without ganization, as many as 1 in 5 women report Whereas the symptoms of multiple scle- objection, it is ordered. being sexually abused before the age of 15; rosis are unpredictable and vary from person The resolution (S. Res. 90) was agreed Whereas March 8 is recognized each year as to person; to. International Women’s Day, a global day to Whereas there is no laboratory test avail- The preamble was agreed to. celebrate the economic, political, and social able that definitively diagnoses a case of The resolution, with its preamble, achievements of women past, present, and multiple sclerosis; reads as follows: future and a day to recognize the obstacles Whereas multiple sclerosis is not genetic, that women still face in the struggle for contagious, or directly inherited, but studies S. RES. 90 equal rights and opportunities; and show that there are genetic factors that indi- Whereas there are more than 3,300,000,000 Whereas the milestone 100th anniversary of cate that certain individuals may be suscep- women in the world today; International Women’s Day is a testament to tible to the disease; Whereas women around the world partici- the dedication and determination of women Whereas multiple sclerosis symptoms pate in the political, social, and economic and men around the world to address gender occur when an immune system attack affects life of their communities, play a critical role inequality: Now, therefore, be it the myelin in nerve fibers of the central in providing and caring for their families, Resolved, That the Senate— nervous system, damaging or destroying the contribute substantially to the growth of (1) supports the goals of ‘‘International myelin and replacing the myelin with scar economies, and, as both farmers and care- Women’s Day’’; tissue, thereby interfering with or pre- givers, play an important role in advancing (2) recognizes the significance of the 100th venting the transmission of nerve signals; food security for their communities; anniversary of International Women’s Day; Whereas in rare cases, multiple sclerosis is Whereas President Barack Obama said, (3) recognizes that the empowerment of so progressive that the disease is fatal; ‘‘[o]ur common prosperity will be advanced women is inextricably linked to the poten- Whereas there is no known cure for mul- by allowing all humanity – men and women tial of nations to generate economic growth tiple sclerosis; – to reach their full potential’’; and sustainable democracy; Whereas the Multiple Sclerosis Coalition, Whereas Secretary of State Hillary (4) recognizes and honors the women in the an affiliation of multiple sclerosis organiza- Rodham Clinton said, ‘‘Put simply, we have United States and around the world who tions dedicated to the enhancement of the much less hope of addressing the complex have worked throughout history to ensure quality of life for all those affected by mul- challenges we face in this new century with- that women are guaranteed equality and tiple sclerosis, recognizes and celebrates out the full participation of women. Whether basic human rights; Multiple Sclerosis Awareness Week; the economic crisis, the spread of terrorism, (5) reaffirms its commitment to ending dis- Whereas the mission of the Multiple Scle- regional conflicts that threaten families and crimination and violence against women and rosis Coalition is to increase opportunities communities, and climate change and the girls, to ensuring the safety and welfare of for cooperation and provide greater oppor- dangers it presents to the world’s health and women and girls, and to pursuing policies tunity to leverage the effective use of re- security, we will not solve these challenges that guarantee the basic human rights of sources for the benefit of the multiple scle- through half measures. Yet too often, on women and girls worldwide; and rosis community; these issues and many more, half the world (6) encourages the people of the United Whereas the Multiple Sclerosis Coalition is left behind.’’; States to observe International Women’s recognizes and celebrates Multiple Sclerosis Whereas the ability of women to realize Day with appropriate programs and activi- Awareness Week for 1 week in March of each their full potential is critical to the ability ties. year;

VerDate Mar 15 2010 03:16 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A03MR6.034 S03MRPT1 tjames on DSKG8SOYB1PROD with SENATE S1242 CONGRESSIONAL RECORD — SENATE March 3, 2011 Whereas the goals of Multiple Sclerosis ment Act of 1978, 2 U.S.C. § 288i(a), and as The PRESIDING OFFICER. Without Awareness Week are— contemplated by § 710(b) and (d) of that Act, objection, it is so ordered. (1) to invite people to join the movement 2 U.S.C. § 288i(b) and (d), it is recommended The nominations considered and con- to end multiple sclerosis; that the Senate Legal Counsel take the fol- firmed en bloc are as follows: (2) to encourage each individual in the lowing action in order to avoid a potential DEPARTMENT OF STATE United States to do something that dem- conflict that could arise between the Legal onstrates a commitment to moving toward a Counsel’s responsibilities to the Select Com- Daniel L. Shields III, of Pennsylvania, a world free of multiple sclerosis; and mittee on Ethics and representation of Jean Career Member of the Senior Foreign Serv- (3) to acknowledge those individuals who Manning and Erica Watkins, Senate employ- ice, Class of Counselor, to be Ambassador Ex- have dedicated their time and talent to help- ees who are being subpoenaed to testify and traordinary and Plenipotentiary of the ing to promote multiple sclerosis research produce documents before a federal grand United States of America to Brunei and programs; and jury. In the event that Ms. Manning or Ms. Darussalam. Pamela L. Spratlen, of California, a Career Whereas in 2011, the week of March 14, 2011, Watkins requests legal representation in Member of the Senior Foreign Service, Class through March 20, 2011, has been designated connection with her appearance before the of Counselor, to be Ambassador Extraor- as Multiple Sclerosis Awareness Week: Now, grand jury, the Senate Legal Counsel shall dinary and Plenipotentiary of the United therefore, be it refer Ms. Manning and Ms. Watkins to the States of America to the Kyrgyz Republic. Resolved, That the Senate— Committee on Rules and Administration for Sue Kathrine Brown, of Texas, a Career (1) supports the goals and ideals of Mul- assistance in arranging for the employment Member of the Senior Foreign Service, Class tiple Sclerosis Awareness Week; of private counsel to represent them with re- of Minister-Counselor, to be Ambassador Ex- (2) encourages the States, territories, pos- spect to official actions and responsibilities. traordinary and Plenipotentiary of the sessions, and localities of the United States The Joint Leadership Group United States of America to Montenegro. to support the goals and ideals of Multiple March ll, 2011 David Lee Carden, of New York, to be Rep- Sclerosis Awareness Week by issuing procla- Mr. SCHUMER. Ms. Manning and Ms. resentative of the United States of America mations designating Multiple Sclerosis to the Association of Southeast Asian Na- Awareness Week; Watkins have now contacted the Com- tions, with the rank of Ambassador Extraor- (3) encourages media organizations to par- mittee on Rules and Administration dinary and Plenipotentiary. ticipate in Multiple Sclerosis Awareness for assistance in arranging for the em- UNITED STATES AGENCY FOR INTERNATIONAL Week by helping to educate the public about ployment of private counsel to rep- DEVELOPMENT multiple sclerosis; resent them with respect to testimony Eric G. Postel, of Wisconsin, to be an As- (4) commends the efforts of the States, ter- and document production before the sistant Administrator of the United States ritories, possessions, and localities of the Agency for International Development. United States that support the goals and Federal grand jury in the District of ideals of Multiple Sclerosis Awareness Week; Columbia. f Mr. REID. Mr. President, I ask unan- (5) recognizes and reaffirms the commit- LEGISLATIVE SESSION ment of the United States to creating a imous consent that the resolution be world free of multiple sclerosis by— agreed to, the motion to reconsider be The PRESIDING OFFICER. Under (A) promoting awareness about people who laid upon the table, that there be no in- the previous order, the Senate will now are living with multiple sclerosis; and tervening action or debate, and that return to legislative session. (B) promoting new education programs, any statements relating to the resolu- f supporting research, and expanding access to medical treatment; tion be printed in the RECORD. UNANIMOUS CONSENT AGREE- (6) recognizes all people in the United The PRESIDING OFFICER. Without MENT—EXECUTIVE CALENDAR objection, it is so ordered. States living with multiple sclerosis and ex- Mr. REID. Mr. President, I ask unan- The resolution (S. Res. 92) was agreed presses gratitude to their family members imous consent that on Monday, March and friends who are a source of love and en- to, as follows: 7, 2011, at 4:30 p.m., the Senate proceed couragement to those individuals; and S. RES. 92 (7) salutes the health care professionals to executive session to consider the fol- and medical researchers who— Resolved, lowing nominations: Calendar Nos. 4, (A) provide assistance to those individuals SECTION 1. AUTHORIZATION OF THE PAYMENT 32, and 33; that there be an hour of de- in the United States living with multiple OF LEGAL EXPENSES. bate equally divided in the usual form; sclerosis; and (a) IN GENERAL.—The Committee on Rules that upon the use or yielding back of (B) continue to work to find ways to stop and Administration is authorized to pay out of the contingent fund of the Senate the that time, Calendar No. 32 be con- the progression of the disease, restore nerve firmed and the Senate proceed to vote function, and end multiple sclerosis forever. legal expenses incurred by Jean Manning and Erica Watkins for the employment of private without intervening action or debate f counsel to represent them with respect to of- on Calendar No. 33 and Calendar No. 4, AUTHORIZING PAYMENT OF ficial actions and responsibilities before the in that order; that the motions to re- LEGAL EXPENSES grand jury in the United States District consider be considered made and laid Court for the District of Columbia. Mr. REID. Mr. President, I ask unan- upon the table; that there be no inter- (b) DETERMINATION.—The amount of ex- vening action or debate; that there be imous consent that the Senate proceed penses paid pursuant to subsection (a) shall to the immediate consideration of S. be determined by the Committee on Rules no further motions in order to these Res. 92, submitted earlier today. and Administration. nominations; that any statements relating to the nominations be printed in The PRESIDING OFFICER. The f clerk will report the resolution by the Record; that the President be im- title. EXECUTIVE SESSION mediately notified of the Senate’s ac- The legislative clerk read as follows: tion; and that the Senate resume legislative session. A resolution (S. Res. 92) to authorize the EXECUTIVE CALENDAR payment of legal expenses of Senate employ- The PRESIDING OFFICER. Without ees out of the contingent fund of the Senate. Mr. REID. Mr. President, I ask unan- objection, it is so ordered. There being no objection, the Senate imous consent that the Senate proceed f proceeded to consider the resolution. to executive session to consider the fol- MEASURE READ THE FIRST Mr. SCHUMER. Mr. President, ear- lowing nominations: Calendar Nos. 35, TIME—H.R. 4 lier this week the joint leadership 36, 37, 38, and 39; that the nominations be confirmed en bloc, the motions to Mr. REID. Mr. President, I am told group of the Senate made the following there is a bill at the desk due for its recommendation to Senate legal coun- reconsider be considered made and laid upon the table en bloc; that there be no first reading. sel regarding representation of two The PRESIDING OFFICER. The Sen- intervening action or debate; that no Senate employees in an upcoming judi- ator is correct. cial proceeding: further motions be in order to any of The clerk will read the bill by title these nominations; that any state- RECOMMENDATION OF ACTION TO AVOID CON- for the first time. FLICT OR INCONSISTENCY IN THE REPRESEN- ments relating to the nominations be The legislative clerk read as follows: TATION OF SENATE PARTIES printed in the RECORD; that the Presi- A bill (H.R. 4) to repeal the expansion of Having been notified of an apparent con- dent be immediately notified of the information reporting requirements for pay- flict of interest by the Senate Legal Counsel Senate’s action; and that the Senate ments of $600 or more to corporations, and pursuant to § 710(a) of the Ethics in Govern- then resume legislative session. for other purposes.

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CONGRATULATIONS AND BEST precedented improvements in productivity, ca- basis. In addition, GPO’s partnership with the WISHES TO THE GPO pability, and savings for the taxpayers. Once printing industry is responsible for producing an agency of more than 8,000 staff and em- 75% of the Government’s needs and enor- HON. ROBERT A. BRADY ploying just 2,200 today, fewer than at any mous savings to the taxpayer, while sup- OF PENNSYLVANIA time in the past century, the GPO now pro- porting tens of thousands of jobs in the small IN THE HOUSE OF REPRESENTATIVES vides a range of products and activities that printing businesses throughout the Nation, and could only have been dreamed of 30 years its partnership with more than 1,200 Federal Thursday, March 3, 2011 ago: online databases of Federal documents depository libraries across the country regu- Mr. BRADY of Pennsylvania. Mr. Speaker, with state-of-the-art search and retrieval capa- larly supplies the Federal information needs of March 4, 2011, is the 150th anniversary of two bilities available to the public without charge, millions of students, researchers, businesses, important events in the history of our Nation. Government publications available as e- and others every year with both digital and On this day in 1861, not far from this spot, Books, passports and smart cards with elec- print products. Abraham Lincoln of Illinois took the oath of of- tronic chips carrying biometric data, print prod- In a day when we are working hard to cut fice as the 16th President of the United ucts on sustainable substrates using vegetable costs and improve services, the GPO provides States. On that same day, the United States oil based inks, and a public presence not only a model of how an agency with a history of Government Printing Office opened for busi- on the Web but on Twitter, Facebook, and taking advantage of technological change has ness, on the very site from which it operates You Tube. used that capability to generate lasting sav- today. From that day it has been the source The work of the GPO is so fundamental to ings while expanding services to Congress, of the legislative documents we need—the our work that we frequently lose sight of all Federal agencies, and the public. The dedi- CONGRESSIONAL RECORD, hearing transcripts, the services they actually provide. We like to cated men and women of GPO have resorted committee reports, bills, calendars, and other say that all congressional information is on the continually to technology improvements to per- congressional documents—in digital and print- Internet, but many of us don’t seem to know form their work more efficiently, at one time ed form to carry out our work for the people that it’s the GPO that puts that information on- using ink on paper to set the text for The we represent. line on its site, GPO Access, and now on the Emancipation Proclamation, and today—as The GPO traces its roots to the very begin- successor site, FDsys. GPO’s legislative infor- another President from Illinois leads the Na- ning of our Republic. At the Constitutional mation databases are shared with the Library tion—using e-Books, digital databases, and Convention of 1787, held in my hometown, of Congress for the operation of the THOMAS other new and emerging applications to Delegate James Wilson of Pennsylvania de- information system and for the legislative infor- achieve its founding mission of Keeping Amer- clared, ‘‘The people have a right to know what mation systems provided by the Library to the ica Informed. their agents are doing or have done, and it House and Senate. The GPO makes Senate Mr. Speaker, Benjamin Franklin and the should not be in the option of the legislature conference reports available online in advance Founding Fathers would be surprised and to conceal their proceedings.’’ Wilson’s words of a vote, and the agency is developing a sys- pleased by what the GPO is and does today. helped lead to the adoption of the requirement tem for making the Constitutional Authority On behalf of all us in this House who daily rely in Article I, section 5 of the Constitution that Statements required for House legislation and depend on the products and services the ‘‘Each House shall keep a Journal of its Pro- available online. The GPO is currently working GPO provides, I say congratulations and best ceedings, and from time to time publish the with the Library of Congress to digitize histor- wishes to Public Printer Bill Boarman and the same . . .’’ ical documents, including the Statutes at men and women of the United States Govern- Following the example of Philadelphia’s Large and the CONGRESSIONAL RECORD, and ment Printing Office, and convey our thanks greatest citizen, Benjamin Franklin—the patron in collaboration with the Library GPO will pro- and deepest appreciation for all their hard saint of printing in America, who had been an vide updated digital access to the Constitution work. early provider of ‘‘publick printing,’’ the docu- Annotated. Since GPO first began comput- f ments needed by government—the first Con- erizing its prepress functions in the 1970s, the HONORING JARON WALKER gresses took steps to ensure that their pro- agency’s use of digital information technology HENDRIX ceedings, records, and legislative documents has generated productivity improvements that were printed and made available to the public. have reduced the cost of congressional infor- By the mid-19th century, however, the high mation products by approximately 66% in real HON. SAM GRAVES costs, ineffective service, and scandals that economic terms. Since GPO first began pro- OF MISSOURI came to be associated with this system viding free online access to Government docu- IN THE HOUSE OF REPRESENTATIVES prompted Congress to create its own printer, ments in the early 1990s, similar reductions Thursday, March 3, 2011 the GPO. This effort was rewarded almost im- have been achieved in the cost of dissemi- Mr. GRAVES of Missouri. Mr. Speaker, I mediately with a reduction in costs, vastly im- nating information to the public. proudly pause to recognize Jaron Walker proved service, and the elimination of scandal. And the GPO does more than just support Hendrix. Jaron is a very special young man Put to the test early in meeting the emergency Congress. Through GPO’s efforts, the online who has exemplified the finest qualities of citi- demands imposed by the Civil War, the new Federal Register is being made available in zenship and leadership by taking an active GPO carried out its work coolly and profes- XML to support bulk data downloads via part in the Boy Scouts of America, Troop 75, sionally, counting among its early jobs the data.gov and GPO developed the online Fed- and earning the most prestigious award of printing of the Emancipation Proclamation. In eral Register 2.0. GPO’s advanced authentica- Eagle Scout. the 150 years that followed, this pattern— tion systems, supported by Public Key Infra- Jaron has been very active with his troop, economy, efficiency, and prompt and effective structure, are an essential component for as- participating in many scout activities. Over the service—continued to repeat itself as GPO, suring the digital security of congressional and many years Jaron has been involved with quietly and expertly, has carried out its mis- agency documents. GPO produces all U.S. scouting, he has not only earned numerous sion of keeping America informed. passports for the State Department and se- merit badges, but also the respect of his fam- As the new Public Printer, William J. cure credentials for a variety of agencies, in- ily, peers, and community. Most notably, Jaron Boarman, clearly points out, while GPO’s past cluding the Department of Homeland Security. has contributed to his community through his has been about printing, its present and future Passports contain advanced electronic and Eagle Scout project. are being defined by digital information tech- print security systems consistent with inter- Mr. Speaker, I proudly ask you to join me in nologies. In fact, the GPO today is the product national standards and agreements. GPO is commending Jaron Walker Hendrix for his ac- of more than a generation of investment in the only Federal agency certified to graphically complishments with the Boy Scouts of Amer- digital production and dissemination tech- personalize/print HSPD-12 secure identifica- ica and for his efforts put forth in achieving the nologies, an investment that has yielded un- tion cards on a government-to-government highest distinction of Eagle Scout.

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

VerDate Mar 15 2010 05:08 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MR8.008 E03MRPT1 pwalker on DSKD5P82C1PROD with REMARKS E408 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2011 IN HONOR OF MAJOR ANDRE He left college after two years during World Regime Marching Band and Color Guard in MCCOY War II to join the Army Air Corps training pro- 1970. Jim, with the help of his wife Ebe, gram. After the Tuskegee program ended, Mr. cooked and catered each year for the band HON. JIM GERLACH Boudreaux received training in air-traffic con- members and their families for band retreats, OF PENNSYLVANIA trolling. Although he never flew with the Air competitions, and fundraisers. He often fed a IN THE HOUSE OF REPRESENTATIVES Corps, he continued to pursue his passion for few hundred students and parents at once. flying and earned his civilian pilot’s license. Jim was one of the first chefs of the Gilroy Thursday, March 3, 2011 Following the war he commenced working as Garlic Festival’s Gourmet Alley creating his Mr. GERLACH. Mr. Speaker, I rise today to an air-traffic controller at Rickenbacker Air now famous Stuffed Mushrooms which are still congratulate MAJ Andre C. McCoy of Bala Force Base and went on to serve Port Colum- a festival favorite and fundraiser for the band. Cynwyd, Montgomery County, Pennsylvania, bus for 30 years before retiring in 1977. For nearly three decades, Jim fed our young on his 25 years of military service and to Mr. Boudreaux acquired many distinct hon- musicians on trips all over the country, and honor him on his outstanding career of accom- ors and accolades throughout his impressive even on three trips abroad. He was there plishment. time on this planet and always remained ac- when the students won the Bands of America Major McCoy joined the Marines in August tive in his community. He was a great sup- Championship in with the highest overall point of 1985. After completing basic training at Par- porter of numerous veteran organizations such score ever recorded in that competition, a ris Island, South Carolina, he became an Artil- as the Tuskegee Airmen Association and record which was held for 30 years. He was lery Fire Direction Control man through Fort Motts Military Museum in Groveport, Ohio. He there again when his son led the Emerald Re- Sill, Oklahoma. He served with Golf Battery, also devoted much of his time to the Colum- gime as they played ‘‘Stars and Stripes For- 3rd Battalion, 14th Marines (Reserve) based in bus Urban League, YMCA and Knights of Co- ever’’ across the Great Wall of China. Trenton, New Jersey. During Desert Shield lumbus. In 2007, he was among 330 Last year, Jim and Ebe celebrated their 70th and Desert Storm, Major McCoy was on active Tuskegee Airmen presented with the Congres- wedding anniversary. Jim passed away on duty with 3rd Marine Expeditionary Force. He sional Gold Medal from President George W. February 7th of this year at the age of 98. He left the Marine Corps as a Corporal in 1991 to Bush. lived at his ranch in San Martin until the day join the Bloomsburg University ROTC. The story of the famed Tuskegee Airmen is he died, and Ebe still lives there now. Major McCoy’s training as an ROTC cadet one worthy of immense respect. The many I want to commend the life of a true Amer- included Fort Bragg, North Carolina and Fort tales of courage and patriotism exhibited by ican—the son of immigrants, the father of a Benning, Georgia, where he also completed men such as Alex Boudreaux during Amer- teacher, the grandfather of musicians, a farm- Airborne School and received his silver jump ica’s efforts to defeat the Axis powers make er, and a friend to everyone he met. wings. He was commissioned as an Army up a truly remarkable contribution to U.S. his- f Armor officer in 1993 and stationed at Fort tory. Alex Boudreaux’s commitment to his Knox, Kentucky. country, the famed Tuskegee Airman, and REMEMBERING SHAWN WEBB Major McCoy transferred to 3rd Battalion, central Ohio was eclipsed only by his passion 103rd Armor, 55th Brigade, 28th Infantry Divi- and dedication for his family. He left behind a HON. TOM McCLINTOCK sion of the Pennsylvania National Guard. As loving family spanning three generations in- OF CALIFORNIA part of the United States’ global war on terror, cluding four grandchildren and seven great- IN THE HOUSE OF REPRESENTATIVES he was sent to Hohenfels, Germany as the grandchildren. Thursday, March 3, 2011 Executive Officer for Force Protection. Major After 90 years of life, Alex Boudreaux re- McCoy transferred to 56th Stryker Brigade cently passed away leaving a legacy of un- Mr. MCCLINTOCK. Mr. Speaker, I rise today headquarters in Philadelphia. There, he par- wavering service to his country and to central to honor the life of Shawn Webb of Meadow ticipated in a number of state emergency re- Ohio. In light of his contributions and service, Valley, California. sponses as well as the response to Hurricane I believe he deserves great respect and admi- Shawn was born on May 7, 1973 in San Katrina. ration. He will be a sorely missed member of Diego, California and was raised in Descanso. Major McCoy served in Operation Iraqi the central Ohio community and his influence He grew up in the beauty of the California wil- Freedom with 1st Stryker Brigade Combat will be felt for years to come. derness. Shawn rode his dirt bike in the desert and learned to work on hotrods and tractors. Team of the 25th Infantry Division in Diyala f Province, and later in Operation Enduring Shawn’s lifelong dream was to serve as a Freedom with 4th Brigade Combat Team of CELEBRATING THE LIFE AND AC- police officer and after graduating from Moun- the 82nd Airborne Division in Afghanistan. COMPLISHMENTS OF MR. JAMES tain Empire High school he entered the police Throughout his exemplary career, Major RUBINO academy. Shawn graduated from the academy McCoy has served 5 tours of duty. He was se- in 1995 and began his lengthy service, first as lected and approved for the rank of Major on HON. ZOE LOFGREN a Reserve Officer and then as a Sworn Offi- June 3rd, 2010 and has received over 20 OF CALIFORNIA cer, to the residents of El Cajon, California as awards and medals for his service. IN THE HOUSE OF REPRESENTATIVES a member of the El Cajon Police Department. It was also in 1995 that Shawn married the Mr. Speaker, I ask that my colleagues join Thursday, March 3, 2011 me today in recognizing MAJ Andre C. McCoy love of his life, Chrissy, with whom he had for his invaluable contributions to his country Ms. ZOE LOFGREN of California. Mr. grown up in Descanso. The couple were in his quarter century of military service. Speaker, I rise today to honor the life and ac- blessed with their first daughter Courtney that same year, followed two years later by the f complishments of Mr. James Rubino, a dedicated member of our community who was birth of their second daughter, Samantha. IN HONOR OF MR. ALEX A. known to the hundreds of people whose lives In 2008 the family relocated to Plumas BOUDREAUX he touched simply as ‘‘Papa.’’ County, California, where Shawn joined the Jim was born in San Francisco on January Sherriff’s Department as a deputy and serving HON. PATRICK J. TIBERI 31st, 1913. He was a first-generation Amer- with a kindness, compassion and purpose that OF OHIO ican, born to immigrant parents, Sebastiano affected so many on a level that is impossible IN THE HOUSE OF REPRESENTATIVES and Maria Rubino. He met his wife, Ebe to quantify, and hard to even imagine. In the Rubino, in 1938 and they were married in course of providing this outstanding service, Thursday March 3, 2011 1940. Shawn earned multiple citations and awards Mr. TIBERI. Mr. Speaker, I rise today to During WWII, Jim worked for Matson, refin- including the Life Saving Award, the Meri- honor and recognize the life and achieve- ishing the inside of war planes and selling torious Unit Citation, nine commendations for ments of the late Mr. Alex A. Boudreaux. vegetables out of his truck that he called work with vehicle theft and twice being named A member of World War II’s illustrious ‘‘Jim’s Market on Wheels.’’ After a few years the Officer or the Month. Shawn not only ful- Tuskegee Airmen, Mr. Boudreaux was also he wanted a healthier life for his children, so filled his dream to become a police officer, but believed to be the nation’s first black civilian he moved his family to a ranch in San Martin. distinguished himself as one of the finest to air-traffic controller, dedicating three decades He raised ‘‘layers’’ and ‘‘fryers’’ (chickens) bear that title. of his life to Port Columbus. along with his two children, Mike and Lynne. In 2009, Shawn was diagnosed with highly- Alex Boudreaux first fell in love with aviation Jim’s son Mike became the band director of aggressive brain cancer and he began what while growing up in Lake Charles, Louisiana. Live Oak High School and started the Emerald would be a long, hard battle with that disease.

VerDate Mar 15 2010 05:08 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K03MR8.002 E03MRPT1 pwalker on DSKD5P82C1PROD with REMARKS March 3, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E409 Mr. Speaker, Shawn was a dedicated public Madison, Wisconsin. She established the cul- faculty. In 1980, he became a shop steward servant, but he was first-and-foremost a loving turally-based and ground breaking model with AFGE Local 1263, the union representing father and husband and a fierce friend. Those L’Chaim Program for seniors at Madison Jew- the DLI faculty. By 1987 he was elected presi- who knew Shawn adored him for his gen- ish Social Services, breaking the social isola- dent of Local 1263. erous, considerate nature and robust sense of tion of Jewish and non-Jewish seniors. In the post 9–11 world, foreign language ca- humor. It was impossible not to take notice of From 1981–1982, Laurie was the Director pacity is a national security tool. In 2005, Gen- his stature as we watched the community rally for Community Action on Latin America in eral John Abizaid, former Commander of U.S. behind him and his family, doing all they could Madison, WI. Central Command, testified before the House to help the man they had come to love. Sadly, From 1982–1986, she was a principle orga- Appropriations Subcommittee on Military Qual- last week Shawn’s long battle with cancer nizer in South Texas and Wisconsin for the ity of Life and Veterans Affairs, that the ‘‘ability came to a close. He leaves behind his wife of Underground Railroad and Public Sanctuary of to cross the cultural divide is not an Army almost sixteen years, his two teenage daugh- the National Sanctuary Movement helping ref- issue. It is a national issue. We have to be ters and too many friends to count. ugees from Central America to find shelter in able to deal with the people in the rest of the William Faulkner once said he refused to the United States. She also assisted numer- world as the globe shrinks in terms of commu- accept the concept of death ‘‘because [man] ous refugees immigrate from Russia and Iran nication and problem solving and sharing.’’ As has a soul, a spirit capable of compassion and to the United States through HIAS, a Jewish the world’s largest foreign language school, sacrifice and endurance.’’ Faulkner continued, Refugee Aid Agency. DLI plays an indispensable role in moving this saying that it is our duty to ensure this endur- From 1986–1990, Ms. Melrood assisted defense strategy forward. But DLI can’t do it ance by reminding men of ‘‘the courage and Central American refugee minor children who without its faculty. They are native speakers of honor and hope and pride and compassion were detained in Texas by placing them with their mother languages who, like Alfie, come and pity and sacrifice which have been the sponsoring families. from the distant places of the globe to help glory of his past.’’ Mr. Speaker, it is doubtless In 1992, Laurie became a staff member for our nation better defend itself. that Shawn Webb’s story is one that is filled the Pima County Juvenile Court’s Court Ap- Alfie understood this and made the advo- with all of the virtues that Faulkner described. pointed Special Advocate Program, she re- cacy for DLI faculty and staff his life’s work. It is my honor to rise today in his remem- cruited volunteers to accompany and advocate After my first election to Congress, I learned brance, and to commit to the record of history for youth in the juvenile justice system. At quickly that there were two people I needed to Shawn’s legacy of love, service and honor. Pima County Juvenile Court she also served know at DLI: the commandant, a Colonel who f as the Adoptions Examiner, specializing in for- would move on or retire after a two year stint, eign adoptions. and Alfie, who would always be there rep- HONORING LAURIE ANN MELROOD In 1994, she was one of three co-founders resenting the best interests of the faculty. Alfie FOR HER LIFETIME OF SOCIAL of a health training project in northern Guate- made his presence felt in so many ways. SERVICE AS AN ADVOCATE AND mala, specializing in acupuncture and medical One of the best examples of this was his EDUCATOR FOR SOCIAL JUSTICE aid. The program is unique in training rural hard work on behalf of ‘‘locality pay’’—the IN LATIN AMERICA health promoters in acupuncture for curative small salary boost for federal workers based in medicine. particularly high cost areas. Alfie pointed out HON. RAU´ L M. GRIJALVA In 2000, Laurie was a principle program or- that Monterey County was, indeed, one of OF ARIZONA ganizer and collaborator; starting the Kinship those areas, but that the federal government IN THE HOUSE OF REPRESENTATIVES and Adoptions Resource Center KA.R.E. Fam- still considered it rural so paid DLI faculty at ily Center (KARE) in Tucson, Arizona in 2002. Thursday, March 3, 2011 much lower rates. Alfie and I worked together KARE is a full service family program helping for more than three years to secure a decision Mr. GRIJALVA. Mr. Speaker, I rise today to grandparents and relatives who are raising by the Office of Personnel Management that honor Laurie Ann Melrood. For more than 40 grandchildren. This center has become a Monterey County based civil service workers years, Laurie Melrood has dedicated her life to model of social services of its kind for the na- deserved locality pay. This hard work on social justice, speaking as a voice for people tion. Laurie has presented this model at child Alfie’s part has helped DLI attract and retain with no voice in the United States and other welfare conferences, written about the unmet the best language teachers in the world. countries. Her initiative and persistence have need of this growing national population of However, Alfie was about more than just changed the lives of countless individuals and Americans, and strongly advocated for their pay at DLI. He was about professionalism. communities. empowerment. That became clear in the most recent fight to The oldest of three children of Paul Melrood Mr. Speaker, Laurie Ann Melrood is a true keep DLI off the base closure list. Alfie was a and Gitel Kastrul, Laurie Melrood is a second leader of social justice. Her lifetime work of never-ending resource to my office and the generation American. Her Jewish relatives sur- social service and advocacy in the United BRAC Commission. He provided information vived pogroms in the Ukraine from which her States and Latin America profoundly affected and statistics on the level of expertise and father fled as an infant. Her life has been the lives of innumerable individuals. I want to depth of training of the DLI faculty. With this characterized by service since her earliest thank her for her service to this country and to information it was easy to make the case that days. the international community. DLI could not be recreated anywhere else— As a young person in the 1960’s, she advo- f that it was dependent on and unique to the cated with African American and Jewish youth talent of the Monterey area. Alfie was a key for desegregation of Milwaukee Public IN HONOR OF ALFIE TEWFICK player in keeping DLI open and in Monterey. Schools. KHALIL Mr. Speaker, I know that I speak for the en- She lived, worked, and studied in Israel dur- tire House of Representatives in sharing our ing the late 1960’s. HON. SAM FARR sincere condolences to Alfie Khalil’s family She was a member of the International As- OF CALIFORNIA both here in the United States and in Egypt sociation of Yiddish Clubs. IN THE HOUSE OF REPRESENTATIVES and to his extended family of students and In 1971, for her undergraduate internship at Thursday, March 3, 2011 colleagues throughout the DLI community. the University of Wisconsin-Milwaukee, she f started Pathfinders, a shelter for runaway Mr. FARR. Mr. Speaker, I rise today to teens. honor the memory of a good friend and great TO HONOR THE CHINESE EXPUL- In 1972–1973, Laurie served as a commu- American who passed away tragically on No- SION REMEMBRANCE PROJECT nity mental health worker in the ‘‘Back of the vember 18, 2006. The Defense Language In- Yards’’ neighborhood in South Chicago. stitute is dedicating its newest classroom HON. JIM McDERMOTT In 1975, she graduated with a Master’s De- building for Middle Eastern languages in honor OF WASHINGTON gree in Community Social Work from the Uni- of Alfie Tawfick Khalil. IN THE HOUSE OF REPRESENTATIVES versity of Wisconsin, Madison. For her grad- Alfie, who was a native of Egypt, came to uate internship she started a community serv- this country in the late 1960s. In 1979, Alfie Thursday, March 3, 2011 ice project for high school seniors who re- joined the faculty of the Monterey, CA De- Mr. MCDERMOTT. Mr. Speaker, I rise today ceived credit for their service. fense Language Institute (DLI) where he to offer special recognition to my constituents In 1974–1982, Laurie served as the Pro- taught Arabic to U.S. military personnel. He and friends at the Chinese Expulsion Remem- gram Director of Jewish Social Services in soon stood out as a leader among the DLI brance Project as they commemorate the

VerDate Mar 15 2010 05:08 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K03MR8.005 E03MRPT1 pwalker on DSKD5P82C1PROD with REMARKS E410 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2011 125th anniversary of the expulsion of Chinese ica, including in my district, the 19th district of Madam Speaker, this so-called ‘‘clean ex- residents from the State of Washington. New York, where we are the home of 4,400 tension’’ of our nation’s transportation pro- Thousands of Chinese immigrants were cadets at the United States Military Academy. grams is vitally important for the travelling forced to leave their homes and businesses in These young men and women have also dedi- public. Not only does it continue federal con- the greater Seattle area during the fall of 1885 cated service to our country before turning 18. struction projects that we know create jobs— and winter of 1886. Their devotion to duty, honor and country con- it also extends programs that keep our fami- The expulsion of Chinese workers in Wash- tinues a great tradition of military service and lies safe on the road. ington State stemmed from the 1882 Chinese embody the life Frank Buckles and the millions This extension gives our states and commu- Exclusion Act, a measure passed in Congress of service men and women they follow. nities certainty, at least until the end of this fis- at the request of labor unions because of I hope that Mr. Buckles’ legacy continues to cal year, with regard to critical infrastructure competition from Chinese laborers. A few serve as an inspiration for future generations projects. It will also provide a level of stability years after the expulsion, Chinese immigrants of Americans, who continue to fight for our for those working to improve our roads and were welcomed back, and they helped rebuild protection and freedom. May God bless Amer- bridges and build new transit and commercial the city after the Great Seattle Fire of 1889. ica and our men and women in uniform. systems—and the families that are dependent The Chinese Expulsion Remembrance f on their income. Project reminds us of the critical role immi- While members of both sides of the aisle RECOGNIZING THE LIFE OF grants have played in the development of our have spoken of the importance of infrastruc- SHARON SCOTT community, city, state and country. A deeper ture, to date, we have not been able to come understanding of our past gives us a strong up with a forward-looking transportation bill. context for understanding immigration issues HON. JEFF MILLER We all should share a sense of urgency about as we move forward. OF FLORIDA getting this done. Meanwhile, without con- The Chinese Expulsion Remembrance IN THE HOUSE OF REPRESENTATIVES tinuing the authority for the programs under Project also helps us to better understand the Thursday, March 3, 2011 this bill, more than $800 million in highway re- vital role that Chinese immigrants, as well as imbursements and transit grants to states and immigrants from other countries, play in Wash- Mr. MILLER of Florida. Mr. Speaker, I rise urban areas would not be dispersed. This in- ington State. This results in our communities today to recognize Mrs. Sharon Scott, who action would endanger more than 28,000 jobs being more educated and less inclined to passed away on February 24, 2011. Sharon nationwide. was a tremendous public servant and valued allow fear and intolerance to go unquestioned. And so, for the second time this week, we member of our community, and I am honored Mr. Speaker, I would like to take this oppor- have averted catastrophe—which begs the to recognize her life of dedication and service. tunity to recognize the organizers of the Chi- question, is this how we will continue on for Mrs. Scott has been a long-time member of nese Expulsion Remembrance Project for their the next two years? our Northwest Florida family. As a former time, talent and contributions. Thanks to the council member for the town of Century, Flor- This is a legitimate question, one which was vision and leadership of Bettie Sing Luke, Ron ida, she served with both honor and distinc- raised at the American Association of State Chew, Maxine Chan, Edward Echtle, Tim tion. Century, a small town in Escambia Coun- Highway and Transportation Officials’ annual Greyhavens, Theresa Pan Hosley, Kathy ty with a population of less than 2,000, is well- meeting earlier today. These are the people Hsieh, Brian Lock, Debbie Louie, Chieko Phil- known for its active politics and citizens. The who have to figure out how to complete long- lips, Cynthia Kan Rekdal and Connie So, the town is full of local pride, exemplified by Shar- term projects—and plan new ones—while we awareness and appreciation of Chinese Amer- on, who always let others know she was from lurch forward in short increments. They live in ican history has greatly risen in our commu- Century and not from its bigger-city neighbor, a world where they have to think in months nity. Pensacola. Sharon was the consummate and years, not weeks or news cycles. As Seattle commemorates the 125th anni- small-city council member, responding to In response to a question about getting a versary of the Chinese expulsion, it is impor- those she represented as if they were an ex- long-term bill done, all Secretary of Transpor- tant for us to remember that our country’s di- tension of her own family with a sense of hu- tation Ray LaHood could say was: ‘‘If we don’t verse population has been, and will continue mility required of those who serve their com- get something significant done this year I think to be, a key factor in growing our economy munity. it will be very difficult.’’ I’d say that is an un- and creating jobs. The efforts of the Chinese Mr. Speaker, on behalf of the United States derstatement. Expulsion Remembrance Project have Congress, I am privileged to recognize the life Certainly, the irresponsible, indiscriminate, touched so many of us, and they have shown of Sharon Scott of Century, Florida. My wife and short-sighted 24 percent cut to transpor- that education is an invaluable asset to the Vicki and I offer our prayers for her entire fam- tation funding contained in H.R. 1 did not in- Seattle community. ily. She will be truly missed by all of us. spire a great confidence. We need to do bet- f ter. f Every community has transportation needs TRIBUTE TO MR. FRANK SURFACE TRANSPORTATION for which federal help is vital. For example, in WOODRUFF BUCKLES EXTENSION ACT OF 2011 Hawaii, we are using federal funds to expand the capacity of our ports, and to build new rail HON. NAN A.S. HAYWORTH SPEECH OF transit for our citizens. These are projects that OF NEW YORK HON. MAZIE K. HIRONO are putting people to work now, and will pay IN THE HOUSE OF REPRESENTATIVES OF HAWAII significant dividends for our economy for years to come. These projects will help to connect IN THE HOUSE OF REPRESENTATIVES Thursday, March 3, 2011 people with businesses, and businesses with Ms. HAYWORTH. Mr. Speaker, as we all Wednesday, March 2, 2011 workers. They will help to get cars off our know, our country lost its last American Ms. HIRONO. Madam Speaker, I rise today streets, and expand the amount of commerce Doughboy on Sunday. Frank Buckles was our in support of the legislation before us, which that can move in and out of our islands. last living connection to an era in which a 16- will extend funding for our federal transpor- Again, I hope that my colleagues on both year-old could lie about his age in order to join tation programs through the end of this fiscal sides of the aisle will now come together on his nation’s army to fight the ‘‘Great War.’’ It year in September. a long-term transportation bill. This is our op- would probably be impossible for a 16-year- This will be the seventh short-term exten- portunity to show that we can do something old to enlist today without being discovered, sion we have passed—hopefully this will be that will be a game-changer for our economy but there are many young Americans that the last. I commend Chairmen MICA and DUN- in the 21st century. Over the few months that share Mr. Buckles’ spirit of patriotism. CAN, and Ranking Members RAHALL and this bill gives us, we can spend our time wise- Although we have lost this last Doughboy, DEFAZIO, for their work on crafting this meas- ly debating how best to direct federal dollars we have not lost the spirit of patriotism and ure, and look forward to working with each of to help our states and cities. I hope that this sacrifice in the name of country that Frank them as the Transportation and Infrastructure is a bipartisan effort, and look forward to work- Buckles and so many of his comrades em- Committee continues its work on a long-term ing with my colleagues on the Committee to bodied. That spirit is present all across Amer- surface transportation bill. make this happen.

VerDate Mar 15 2010 05:08 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\K03MR8.008 E03MRPT1 pwalker on DSKD5P82C1PROD with REMARKS March 3, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E411 CONGRATULATING THE DILLARD rific acts of the past, make sure they do not I urge the Government of Pakistan to seek HIGH SCHOOL GIRLS’ BASKET- happen again, and make sure that we do not justice in this case and to give Bhatti a state BALL TEAM ON THEIR STATE have renewed war between Azerbaijan, Arme- funeral, reflective of the import of his life and CHAMPIONSHIP nia, and Nagorno-Karabakh. That is why I legacy. Similarly, I urge our own government would like to commemorate the victims of the to send a high-ranking delegation to attend the HON. ALCEE L. HASTINGS Sumgait massacre. funeral and to carry Bhatti’s torch in continuing OF FLORIDA f to press for the repeal of the blasphemy laws in Pakistan. IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION I also submit an Associated Press story Thursday, March 3, 2011 which references the fact that Bhatti was Mr. HASTINGS of Florida. Mr. Speaker, I HON. WILLIAM R. KEATING ‘‘aware of the danger he faced, saying in a rise today to honor the girls’ basketball team OF MASSACHUSETTS videotaped message that he had received of Dillard High School in Fort Lauderdale, Flor- IN THE HOUSE OF REPRESENTATIVES death threats from al-Qaida and the Taliban.’’ The video was recorded several months be- ida. Thursday, March 3, 2011 Led by Coach Marcia Pinder, whose 776– fore his ultimate assassination and can be 171 career record is top among all Florida Mr. KEATING. Mr. Speaker, on Friday, Feb- viewed at: http://www.guardian.co.ukworld/ basketball coaches, male or female, the Pan- ruary 18, 2011, had I voted, I would have 2011/mar/02/pakistan-minister-shot-dead- thers crowned a 22–7 season by winning the voted ‘‘no’’ on rollcall No. 93. islamabad. Florida state championship for the second Additionally, on February 16, 2011, it was Bhatti pointedly says he will continue to consecutive year. Under Coach Pinder’s tute- my intention to vote ‘‘yes’’ on rollcall No. 57. speak out for persecuted Christians and other lage, the Dillard girls have consistently been f religious minorities. In a chilling allusion to future events, he says, ‘‘I will die to defend their recognized for being among the best at their WE HAVE LOST A FRIEND sport, having won six titles overall. rights.’’ Indeed Bhatti’s convictions cost him his life. In this year’s title game, the Panthers led He must not have died in vain. most of the way and, with their key rebounds HON. FRANK R. WOLF ANOTHER MODERATE IN PAKISTAN IS and clutch free throws, the game, which went OF VIRGINIA ASSASSINATED to overtime, and the title ultimately belonged IN THE HOUSE OF REPRESENTATIVES (By Fred Hiatt) to Dillard. Thursday, March 3, 2011 Shahbaz Bhatti, who was assassinated out- Mr. Speaker, I am very proud of the Lady side his home in Pakistan today, came to Panthers and Coach Pinder, who have once Mr. WOLF. Mr. Speaker, I rise today because of a tragic event—the March 2 assas- visit a few of us at The Post one month ago. again reached the pinnacle of success in their He was soft-spoken and matter-of-fact about sport, and I am glad that they represent my sination of Pakistan’s Federal Minister for Mi- the dangers he faced—and about his refusal, district. They are all fine sportswomen and nority Affairs Shahbaz Bhatti, a heroic man of almost his inability, to trim his sails to less- people of whom we can all be very proud. It faith whose courageous and outspoken lead- en those dangers. The risks he faced, as a is my distinguished honor to recognize their ership against his nation’s draconian blas- voice for tolerance in an increasingly intol- erant country, were risks that Pakistan achievements. phemy law made him a prime target of extremist Islamist elements in his country. faced—and if he and like-minded figures f Bhatti was the only Christian member of the stopped speaking up, what future would the country have? 23RD ANNIVERSARY OF THE MAS- Pakistani cabinet. Bhatti was a Christian in an overwhelm- SACRE OF ARMENIAN CIVILIANS We have lost a friend and an ally and our ingly Muslim country, a minister in the gov- IN AZERBAIJAN prayers are with Bhatti’s family and those in ernment in charge of minority affairs, and Pakistan who mourn his loss and who stood most of all an unimaginably courageous HON. BRAD SHERMAN with him in his fight against injustice and intol- voice of moderation. He opposed the nation’s erance. Bhatti devoted his life to defending the anti-blasphemy law, which increasingly is OF CALIFORNIA most vulnerable—he is literally a modern day being used to silence and oppress. When an- IN THE HOUSE OF REPRESENTATIVES other moderate leader, Punjab governor martyr. Thursday, March 3, 2011 Salman Taseer, was killed two months ago, Among those whose causes he championed his assassin frighteningly became a hero for Mr. SHERMAN. Mr. Speaker, I speak today were Asia Bibi, a young Christian mother of many in Pakistan. Bhatti was one of the few in solemn remembrance of a dark chapter in five, who was sentenced to death under Paki- public figures willing to forthrightly con- modern history. This past weekend marked stan’s blasphemy law. Only after international demn the murder. the 23rd anniversary of the massacre of Arme- intervention was her execution delayed. Her Now Bhatti, too, is gone. There will be investigations, I suppose, into why his police nian civilians in Azerbaijan. On the evening of fate, however, remains unclear. guard was absent when gunmen surrounded February 27, 1988, a three-day rampage Pakistan’s blasphemy laws are often used his Toyota sedan this morning, despite calls against Armenian civilians living in Sumgait, in to victimize both religious minorities and Mus- from many (including Americans like Vir- Soviet Azerbaijan, began. lims. In fact, Punjab’s influential governor, ginia Republican Rep. Frank Wolf) for in- Armenian civilians were maimed, raped, Salman Taseer was shot and killed by his own creased security. There will be tributes and beaten, and burned alive at the hands of riot- bodyguard who reportedly told police, ‘‘that he mourning, but they will be muted. Hopefully ers. International media outlets reported that killed Mr. Taseer because of the governor’s there will be deep thinking inside the U.S. opposition to Pakistan’s blasphemy law.’’ government about what it can do to better Armenians were ‘‘hunted’’ down and killed in support the forces of moderation. their homes. With Bhatti’s life tragically cut short, a crit- On that subject, I remember two essential The calls for help for those innocent Arme- ical moderating voice in Pakistan has been messages from Bhatti’s visit. He said Ameri- nians were ignored by the local police, and the lost. And I fear others will be silenced if justice cans maintained too little contact with the victims’ fate was left to those who ruthlessly is not brought to bear in Pakistan. Bhatti part of Pakistani civil society that believes and senselessly ended their lives. spoke of the importance of these voices dur- in interfaith tolerance, that sees Islam as a The official figure from Soviet authorities, ing a recent Washington Post editorial board peaceful religion willing to live alongside others. Bhatti himself had organized a net- who had prohibited journalists from entering meeting. I submit for the RECORD a piece by work of such people, he told us, but U.S. offi- the area, was just over 30 people dead and Post editorial page editor, Fred Hiatt, who re- cials were too busy dealing with the govern- over 200 injured. However, many believe that called Bhatti’s message, ‘‘that millions of Paki- ment, army and intelligence agencies to in fact hundreds were murdered. stanis remain committed to a vision of a Mus- show support or even establish much con- Sadly, Sumgait was not the end to the trag- lim country living in peace with its neighbors tact. edies. Anti-Armenian pogroms followed in and with non-Muslims within its borders.’’ Hiatt His second message was that millions of Kirovabad on November 21, 1988 and in Baku continued, ‘‘As it became increasingly dan- Pakistanis remain committed to a vision of on January 13, 1990. During the Nagorno- gerous for such people to speak up, they were a Muslim country living in peace with its neighbors and with non-Muslims within its Karabakh War of 1988 to 1994, Armenian ci- becoming decreasingly visible. But they are borders. As it became increasingly dangerous vilian population centers were indiscriminately still there, Bhatti told us, and he urged Ameri- for such people to speak up, they were be- attacked. cans not to forsake or forget them.’’ coming decreasingly visible. But they are If we hope to stop future massacres, and This must be our clarion call in the days to still there, Bhatti told us, and he urged conflicts, we need to acknowledge those hor- come. Americans not to forsake or forget them.

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MILITANTS KILL CHRISTIAN MINISTER IN conspiracy to drive a wedge between Mus- Right Watch. ‘‘An urgent and meaningful PAKISTAN lims and Christians. policy shift on the appeasement of extrem- (By Nahal Toosi and Chris Brummitt) Bhatti, a soft-spoken minister who rose to ists that is supported by the military, the ju- prominence defending a Christian woman diciary and the political class needs to re- ISLAMABAD.—Militants gunned down the sentenced to death for blasphemy, often place the political cowardice and institu- only Christian in Pakistan’s government spoke of the threats against him from ex- tional myopia that encourages such contin- outside his widowed mother’s home Wednes- tremists. Very few Pakistani politicians ued appeasement despite its unrelenting day, the second assassination in two months were willing to talk about changing the blas- bloody consequences.’’ of a high-profile opponent of laws that im- phemy law because of the danger. Another prominent opponent of the blas- pose the death penalty for insulting Islam. ‘‘They (the Taliban) want to impose their phemy laws, ruling party member Sherry Shahbaz Bhatti was aware of the danger he radical philosophy in Pakistan. And whoever Rehman, recently dropped her bid to get faced, saying in a videotaped message that stands against their radical philosophy, they them changed. Rehman, who has said she he had received death threats from al-Qaida threaten them,’’ he said in the video mes- had to abide by party leaders’ decisions, and the Taliban. In it, the 42-year-old Roman sage, which was posted on the website of the faces death threats and has been living with Catholic said he was ‘‘ready to die’’ for the First Step Forum, a Finland-based group heavy security. country’s often persecuted Christian and that promotes religious harmony, rule of law other non-Muslim minorities. f and democracy. The slaying in Islamabad followed the kill- ‘‘These threats and these warnings cannot RECOGNIZING EMILY MCMILLAN ing of Salman Taseer, a liberal politician change my opinions and principles. I’m liv- who was gunned down in the capital by one AS THE 2012 ESCAMBIA COUNTY, ing for my community and suffering people,’’ of his guards. Both men had campaigned to FLORIDA TEACHER OF THE said Bhatti, who was an adviser to the group change blasphemy laws in Pakistan that im- YEAR and had asked that his message be released pose the death penalty for insulting Islam in the event of his death. and have been loudly defended by Islamist The slaying robbed Pakistani Christians of HON. JEFF MILLER political parties. their most prominent advocate. OF FLORIDA The Taseer slaying triggered fears the ‘‘We have been orphaned today!’’ wailed IN THE HOUSE OF REPRESENTATIVES country was buckling under the weight of ex- Rehman Masih, a Christian resident of tremism, especially since the government, Islamabad. ‘‘Now who will fight for our Thursday, March 3, 2011 fearful of militants and the political parties rights? Who will raise a voice for us? Who that champion their causes, did not loudly Mr. MILLER of Florida. Mr. Speaker, I rise will help us?’’ today to recognize Ms. Emily McMillan as the condemn the killing or those who publicly Christians are the largest religious minor- celebrated it. ity in Pakistan, whose population is 95 per- 2011 Escambia County, Florida Teacher of the Wednesday’s slaying will only reinforce cent Muslim. They have very little political Year. Ms. McMillan joined the Escambia those concerns and further undermine con- power and tend to work in lower-level jobs, County School District in January 2008. From fidence in the government, which appears such as street sweeping. day one she has inspired her students to paralyzed by political rivalries and unable to As Christians took to the streets Wednes- strive for excellence, and I am honored to rec- fix a stagnant economy or provide basic serv- day to protest in several cities, relatives and ognize her achievements. ices for the country’s 180 million mostly poor friends went to Bhatti’s home to pay their people. Ms. McMillan was identified as an excep- respects. ‘‘Tell the mullahs that the man tional candidate for the teaching profession The turmoil comes despite attempts by the who was the voice of the Christians is silent. Obama administration to support Pakistan, Where are they now?’’ Samuel David, one of years before she stepped into the classroom. which it sees as key to ending the war in the visitors, shouted to a television crew. In high school, Ms. McMillan began taking neighboring Afghanistan and defeating al- The assassination drew condemnation from dual enrollment courses at a local college. Her Qaida, whose leadership is believed to reside Christian and government leaders. dedication to achieving scholastic excellence in the mountainous northwestern regions. A Vatican spokesman, the Rev. Federico during her high school career put her on track Pakistani government ministers usually Lombardi, called the slaying a ‘‘new episode to graduate from the University of West Flor- travel with police escorts, but Bhatti was of violence of terrible gravity,’’ saying it without such protection when he was killed ida in just two years. Ms. McMillan’s under- ‘‘demonstrates just how justified are the in- graduate studies were completed on an accel- as he and a driver left his mother’s home. sistent statements by the pope regarding vi- Bhatti, who was minister for religious mi- olence against Christians and religious free- erated time frame; however, during her time at norities, had been given police and para- dom.’’ UWF she received myriad awards and schol- military guards but had asked them not to Lombardi noted that Pope Benedict XVI arships, including the Florida Retired Edu- accompany him while he stayed with his had met with Bhatti in September. cators Association’s Scholarship for Teachers mother, said Wajid Durrani, a senior police President Barack Obama condemned the of Tomorrow. official. slaying, saying Bhatti ‘‘fought for and sac- Ms. McMillan arrived at Ferry Pass Elemen- A friend of the politician, Wasif Ali Khan, rificed his life for the universal values that tary School ready to teach; nonetheless, she said Bhatti was nervous about using guards Pakistanis, Americans and people around the after the Taseer killing and had requested a world hold dear’’—including rights to free also knew that even the best teachers always bulletproof car, but had not received one. speech and religious freedom. have room to improve and new methods to Bhatti had just pulled out of the driveway In Britain, leaders of the Anglican Church employ. She joined the Reading Leadership when three men opened fire, said Gulam expressed shock and sorrow and urged Paki- Team, which meets on a monthly basis to cre- Rahim, a witness. Two opened the door of stan’s government to do more to protect ate and implement reading goals for the entire the car and tried to pull Bhatti out, Rahim Christians. school. She now serves as the Reading Com- said, while a third fired a Kalashnikov rifle U.S. Secretary of State Hillary Rodham mittee Chairwoman, meeting with teachers repeatedly into the dark-colored Toyota, Clinton said the attack was ‘‘not only on one from each of the seven grade levels at Ferry shattering the windows. man but on the values of tolerance and re- The gunmen then sped away in a white car, spect of all faiths and backgrounds.’’ Pass Elementary and Middle School to work said Rahim, who took shelter behind a tree. The blasphemy laws were originally on the implementation of the Reading Leader- Bhatti was hit with at least eight bullets framed by the Asian subcontinent’s British ship Team’s goals. She also works with the and was dead on arrival at hospital. colonial rulers but were toughened in the Media Specialist to develop innovative meth- In leaflets left at the scene, al-Qaida and 1980s during the military rule of Gen. Mo- ods to foster a love of reading. the Pakistani Taliban Movement in Punjab hammad Zia ul-Haq, who pushed a politi- While the overall goal of education remains province claimed responsibility. They cized, austere brand of Islam. the same, teachers today must be able to blamed the government for putting Bhatti, Human rights groups have long warned adapt to the changing needs of their students. an ‘‘infidel Christian,’’ in charge of an un- that the laws are vaguely worded and open specified committee, apparently in reference to abuse because people often use them to Ms. McMillan serves her students and, as a to his support for changing the blasphemy settle rivalries or persecute religious minori- result, she incorporates a variety of instruc- laws. ties. tional strategies to ensure that every student ‘‘With the blessing of Allah, the mujahe- Right-wing Islamist parties, looking for an meets their specific learning needs. Her sedu- deen will send each of you to hell,’’ said the issue to rally their supporters, have cam- lous dedication to her students facilitates note, which did not name any other targets. paigned against any change to the laws, ac- learning and creates an educational environ- Government officials and political party cusing those who seek to amend them of ment where students are given the time and workers condemned the killing, but made no blasphemy—and creating an environment reference to the blasphemy law controversy. that led to the latest killings. support to ensure that they meet their goals. Muslim clerics contacted by The Associated ‘‘Bhatti’s murder is the bitter fruit of ap- Ms. McMillan realizes that parents are fun- Press or interviewed on Pakistani TV either peasement of extremist and militant groups damental to the educational success of their offered a tepid condemnation or claimed the both prior to and after the killing of Punjab children. She creates lines of communication assassination was part of an American-led Governor Salman Taseer,’’ said Human between herself and parents by sending home

VerDate Mar 15 2010 05:08 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.006 E03MRPT1 pwalker on DSKD5P82C1PROD with REMARKS March 3, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E413 daily citizenship reports, a weekly folder with IN SUPPORT OF THE PLANNED refuse to recognize an act of any other juris- detailed notes, and a monthly newsletter. Her PARENTHOOD FEDERATION OF diction that designates a relationship between dedication to her profession earns her respect AMERICA individuals of the same sex as a marriage. from students, parents, and colleagues alike. This law was properly passed by the U.S. The importance of teachers cannot be over- HON. ED PERLMUTTER House of Representatives and the United stated. They play an integral role in shaping OF COLORADO States Senate and properly signed by then- the future of our nation. To be selected as IN THE HOUSE OF REPRESENTATIVES President Clinton. The law was passed to re- Teacher of the Year, chosen from a large pool flect the desire of the American people that we of extremely qualified applicants, is an im- Thursday, March 3, 2011 clarify the meaning of ‘‘marriage’’ so that the mense honor. This award is a reflection of Ms. Mr. PERLMUTTER. Mr. Speaker, I rise definition of the word could not be changed by McMillan’s assiduous work ethic and steadfast today in opposition to the Pence Amendment activist judges. dedication to the students of Escambia Coun- #11 regarding the defunding of Title X health The Constitution of the United States grants ty, Florida. She has proven to be among the programs including Planned Parenthood. The certain powers to the President, but not the many exceptional teachers in our nation, and Planned Parenthood Federation of America power to unilaterally legislate based on per- I am proud to have her as a constituent in provides essential medical services to millions sonal preference. The power to legislate was Florida’s First Congressional District. of men and women. For more than 90 years given specifically to the Congress and it is Mr. Speaker, on behalf of the United States Planned Parenthood has promoted the health Congress’ responsibility to pass or repeal leg- Congress, I am privileged to recognize Emily and well-being of women and men. More than islation. Neither does the Constitution of the McMillan for her accomplishments and her 90 percent of the care Planned Parenthood United States grant courts the power to legis- continuing commitment to excellence at Ferry provides is primary and preventive. These late, although many activist judges have at- Pass Elementary School and in the Escambia services include wellness exams, cancer tempted to redefine the legal definition of mar- County School District. Her passion for her screenings, immunizations, contraception and riage through the judicial process. students is laudable, and her dedication to her STD testing and treatment. Furthermore, the Constitution does not grant profession is exemplary. My wife Vicki joins Often the only medical care women and the Federal government the power to regulate me in congratulating Ms. McMillan, and we men will receive is at Planned Parenthood. marriage. In fact, the Tenth Amendment spe- wish her all the best. More than 6 in 10 patients who receive care cifically states: ‘‘The powers not delegated to at centers like Planned Parenthood consider it the United States by the Constitution, nor pro- f their primary source of care. Three-quarters of hibited by it to the States, are reserved to the IN HONOR OF U.S. MARSHAL Planned Parenthood patients live at or below States respectively, or the people.’’ The re- DEREK HOTSINPILLER 150 percent of the federal poverty rate. These sponsibility to regulate marriage properly be- patients need centers like Planned Parenthood longs to the people of the various States and more than ever. Without their services millions it is time for us to return that power to the HON. DAVID B. McKINLEY of patients will go without health care. people. OF WEST VIRGINIA The Pence Amendment would defend all of That is why I, along with a number of my IN THE HOUSE OF REPRESENTATIVES these services. Planned Parenthood is the colleagues, am today reintroducing the Mar- Thursday, March 3, 2011 only national provider that has developed a riage Protection Act of 2011. This bill simply set of evidence-based guidelines to define states that no courts created by an act of Con- Mr. MCKINLEY. Mr. Speaker, I rise today in health care delivery, and they review them an- gress—meaning Federal courts—will have ju- sadness over the tragic loss of U.S. Deputy nually. For every public dollar invested in fam- risdiction to hear cases regarding same-sex Marshal Derek Hotsinpiller. 24 year old Derek ily planning services, $3.74 is saved in Med- marriage. Additionally, the Supreme Court will Hotsinpiller of Bridgeport, West Virginia, was icaid-related costs. This amendment would cut not have appellate jurisdiction to hear these killed in the line of duty while serving a federal these savings to the federal government and cases. In short, the bill makes same-sex mar- search and arrest warrant in Elkins, West Vir- state governments. Title X funding provided riage an issue to be determined by the people ginia. It deeply saddens me to see anyone 2.2 million Pap tests, 2.3 million breast exams, through their State legislatures or via ref- hurt in the line of duty, let alone lose their life over 6 million tests for sexually transmitted in- erendum, not to be determined by Federal such as Derek Hotsinpiller did. fections, and nearly 1 million HIV tests. This judges. Deputy Marshal Hotsinpiller was a dedicated amendment would cause women to experi- If this bill is passed then no President, Jus- hero who defended our community with the ut- ence unintended pregnancies, face potentially tice Department official, or Judge will be almost dignity. He always went above and be- life-threatening cancer and other disease that lowed to unilaterally define marriage. Only the yond the call of duty for his partners, col- could have been prevented. This amendment people will have the power to decide the defi- leagues, and country. Derek served our com- is not about fiscal responsibility or legality, it is nition of marriage. munity selflessly. about denying women the right to affordable I urge my colleagues to co-sponsor this im- Deputy Marshal Hotsinpiller was born June, medical care. portant and timely bill. 2 1986, and graduated from Fairmont State In Colorado and across this country Planned f University in 2009. After excelling in both high Parenthood is providing care to over 3 million school and college, he became a U.S. Deputy people a year. Their services are essential to SUPPORT OF MR. KLINE’S Marshal in 2010. Many who knew this brave women, men and their families. No one should AMENDMENT TO H.R. 1 young man say law enforcement was in his go without affordable health care, and Planned DNA, and since childhood he dreamed of fol- Parenthood leads the way in providing it. HON. ANDRE´ CARSON lowing in the footsteps of his late father and f OF INDIANA brother, who both served in the Bridgeport Po- IN THE HOUSE OF REPRESENTATIVES lice Department. Derek wanted nothing more INTRODUCING THE MARRIAGE than to serve our country as a Marshal. PROTECTION ACT OF 2011 Thursday, March 3, 2011 After witnessing so many recall their experi- Mr. CARSON of Indiana. Mr. Speaker, on ences with this brave young man at his fu- HON. DAN BURTON February 17, 2011, Mr. KLINE offered an neral, it’s clear to me that Derek Hotsinpiller OF INDIANA Amendment to H.R. 1 to prevent the use of was a unique American hero. So many in our IN THE HOUSE OF REPRESENTATIVES funds toward implementing the Department of community have felt this tremendous loss. He Education’s harmful gainful employment rule. was truly loved by those who knew him. There Thursday, March 3, 2011 Although that amendment passed, I mistak- is no question that Derek’s memory should be Mr. BURTON of Indiana. Mr. Speaker, last enly voted against it. I apologize to Mr. KLINE, honored. week, President Obama made an unprece- my colleagues, and supporters of the amend- Derek leaves behind an inspiring legacy and dented decision to declare a Federal law un- ment for my mistake. serves an example of what we can accomplish constitutional and thereby abdicate his respon- Whereas we cannot support programs that if we put our hearts and minds towards serv- sibility to uphold and defend that law. offer little to no substantive education and mis- ing others. My thoughts and prayers are with The law in question is the 1996 ‘‘Defense of lead students down a path to insurmountable Derek’s mother Pam, his brother Dustin, his Marriage Act’’ written ‘‘to define and protect debt, I do not support a rule that will eliminate high school sweetheart Megan and the rest of the institution of marriage.’’ It allows all states, many quality programs and block access to the Harrison County-area community. territories, possessions, and Indian tribes to higher education for many non-traditional, low-

VerDate Mar 15 2010 05:08 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K03MR8.011 E03MRPT1 pwalker on DSKD5P82C1PROD with REMARKS E414 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2011 income and minority students who want to bet- HONORING FORT LUPTON MIDDLE the Yeager Families Professor of Environ- ter themselves by pursuing careers in valuable SCHOOL mental Engineering. His is also the former Di- fields such as nursing, technology, criminal rector of CE–CERT. justice and design. HON. CORY GARDNER Dr. Norbeck has published more than seventy-five papers in theoretical chemistry, at- OF COLORADO I hope that future courses of action will mospheric modeling, vehicle emissions, and IN THE HOUSE OF REPRESENTATIVES allow for a more meaningful review of the advanced vehicle technology. His most recent issues concerning career colleges. Thursday, March 3, 2011 research included the relationship between ve- Mr. GARDNER. Mr. Speaker, I rise today to hicle emissions and air quality, development of f honor Fort Lupton Middle School located in renewable fuels, and development of advanced vehicle technology. HONORING TWO UNIVERSITY OF Fort Lupton, Colorado. This year, Fort Lupton Middle School was Dr. Norbeck was elected a Fellow of the PACIFIC MCGEORGE SCHOOL OF selected as the National Middle School of the American Association for the Advancement of LAW TEAMS year by the National Association of Middle Science in 1999. He received the South Coast School Principals. This award recognizes mid- Air Quality Management District Clean Air dle schools that have been committed to the Award in 1995, the Valley Group Award in HON. JEFF DENHAM educational and developmental needs of 1997 for Excellence in Environment and Re- OF CALIFORNIA young adolescents. Fort Lupton Middle search, and was elected as local leader for the City of Riverside and received the Re- IN THE HOUSE OF REPRESENTATIVES SchooL excels at this responsibility. The statewide Colorado Student Assess- gional Leader of the Year Award in 1998. He Thursday, March 3, 2011 ment Program is conducted every year to has held a gubernatorial appointment as an evaluate how students are learning. Fort Air Quality Expert on the California Inspection/ Mr. DENHAM. Mr. Speaker, I rise today to Lupton Middle School has showcased out- Maintenance Review Committee and is a acknowledge and honor two University of Pa- standing academic achievements with gains in member of several other committees including cific McGeorge School of Law teams that were reading and math test scores for the last four the Cal/EPA Environmental Technology Part- named regional champions at the American consecutive years. nership Task Force, the Executive Research Bar Association National Appellate Advocacy In addition to their outstanding academic Advisory Committee of the Society of Auto- Competition held February 24–26, 2011, at the achievements, Fort Lupton offers over 27 dif- motive Engineers, and Scientific Review Com- U.S. District Courthouse in San Francisco. ferent academic programs and honors, 29 stu- mittee for the South Coast Air Quality Man- Both will now advance to the National Appel- dent activities, and 10 sports. The middle agement District. In light of all Dr. Norbeck has done for the late Advocacy Competition National Finals, school sees 442 participants in these pro- U.C. Riverside, our community, the region and Finals scheduled for April 7–9, 2011 in Chi- grams among a population of 441 enrolled the state, we wish him the very best as he students. cago, IL. moves onto the next stage of his life. Dr. The Fort Lupton faculty and students both The team of Kim Bowman, ’11, Conness Norbecks’ tireless passion for learning and acknowledge that the school library is truly the Thompson, ’11, and Jeremy Ehrlich, ’12, de- education has contributed immensely to the heart of the school. This acknowledgement re- feated George Mason University in the final betterment of U.C. Riverside and its students. inforces why Fort Lupton is the National Mid- round. Bowman was named Best Oralist of the His contributions in the fields of chemistry, dle School of the Year. The school excels be- 96 competitors while Thompson took ninth in emissions and air quality have been extraor- cause of the dedicated and exceptional fac- that category. The team, which went dinary and I am proud to call him a fellow ulty, because of the great Fort Lupton commu- undefeated and was seeded No. 1 in the en- community member, American and friend. I nity, and because the students are engaged in know that many fellow educators, community tire field at the end of the competition, was and out of the classroom. It is a true example also recognized for the sixth best brief. leaders, students and many others are grateful of excellence in education. for his service and salute him as he retires The team of Caitlin Urie Christian, ’11, Jill f from UCR. Larrabee, ’12, and Leo Moniz, ’12, defeated UC Hastings in the final round to earn its trip TRIBUTE TO DR. JOSEPH M. f to the 32nd annual National Championship NORBECK AMENDMENT NO. 296 TO H.R. 1, OF- Finals. The team was honored with the Best FERED BY MR. McCLINTOCK OF Brief Award, and Leo Moniz was named the HON. KEN CALVERT CALIFORNIA fourth-best oralist. OF CALIFORNIA Both teams were coached by Professors Ed IN THE HOUSE OF REPRESENTATIVES HON. WALLY HERGER Telfeyan, ’75, and Erich Shiners, ’06, and as- Thursday, March 3, 2011 OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES sisted by Andrea Dupray, ’11, a member of Mr. CALVERT. Mr. Speaker, I rise today to the 2009–2010 Moot Court Honors Board. honor and pay tribute to an individual whose Thursday, March 3, 2011 ‘‘This is the equivalent of a ‘Grand Slam,’ ’’ dedication and contributions to the campus of Mr. HERGER. Mr. Speaker, as a staunch said Telfeyan, director of the Moot Court Pro- the University of California at Riverside, and supporter of dams, I understand my col- gram. ‘‘For McGeorge to send two teams to the science community, has been extraor- league’s position on this issue and I intend to Chicago is fantastic, but to also get top brief, dinary. UCR has been fortunate to have dy- support this amendment. The Department of top oralist, and three of the top ten speaker namic and dedicated professors who willingly the Interior has been studying the potential re- awards is a remarkable, and perhaps, unprec- and unselfishly give their time and talent to, moval of four hydroelectric facilities, three of edented achievement.’’ not only educate their students, but also pio- which are located in the Congressional District The American Bar Association National Ap- neer new advances in the fields of science I represent, and my constituents in Siskiyou pellate Advocacy Competition is the largest and technology. Dr. Joe Norbeck is one of County have rightfully expressed over- law school moot court competition, with 207 these individuals. Today, a retirement celebra- whelming opposition to the prospect of remov- teams competing in six regional events for 24 tion in honor of Dr. Norbeck is being held at ing functioning hydropower dams and their associated benefits. I fully share that concern, as coveted invitations to the Finals. A team from the Bourns College of Engineering, the Center well as the disturbing precedent it sets with re- UC Berkeley and a team from Baylor also ad- for Environmental Research & Technology (CE–CERT). spect to other hydroelectric projects. From my vanced from the San Francisco regional. In 1970, Dr. Norbeck earned his B.S. in longtime advocacy for projects such as the South Texas College of Law is the defending Chemistry from the University of Nebraska proposed Sites Reservoir in Colusa County, national champion. and four years later earned his Ph.D. in Theo- the Auburn Dam on the American River, a Mr. Speaker, please join me in honoring the retical Chemistry from the same institution. He dam on the Yuba River and raising Shasta students and coaches from McGeorge School joined the University of California, Riverside, in Dam, few Members of Congress have been a of Law on their outstanding performance at January 1992 after working as head of the stronger supporter of increasing surface water the 2011 regional competition in San Fran- Chemistry Department, Research Staff, at the storage. These marvels of engineering have cisco and wishing them the best of luck in the Ford Motor Company. Dr. Norbeck heads the allowed California to prosper by providing crit- Finals in April. UCR Environmental Research Institute and is ical water to get us through drought years,

VerDate Mar 15 2010 05:08 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.011 E03MRPT1 pwalker on DSKD5P82C1PROD with REMARKS March 3, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E415 flood control, and cheap, renewable hydro- continues to exercise her intellect as an ace 1,530 who died in Vietnam are etched on The electric power. Put simply, we need more crossword puzzle enthusiast, and has partici- Wall. The Education Center, which will be built dams, not fewer. pated as a member of the woodcarving group adjacent to the Wall, will help educate future For those reasons, it is troubling that we are at the Dennis Senior Center, where she brings generations of Americans by sharing the sto- even here discussing this issue. We need to the spirit of Cape Cod to each and every one ries of these exceptional individuals from Indi- change the current regulatory structure that of her bird carvings. ana and across the America, who served their gives perceived ‘‘environmental benefits’’ And so, surrounded by her loving children, country with honor. By telling these stories unyielding priority—often at unbearable cost— extended family, and many friends, Anne will visitors will hopefully understand the courage, over the social and economic benefits pro- celebrate her centennial with a luncheon hon- sacrifice and devotion of those who fell, those vided to people by dams and other wise-use oring her 100th birthday. I wish Anne and her who returned, and those who waited for their of our resources: These laws and regulations whole family best wishes for many years to loved ones to come home. Along the way, have forced the owner and operator of the come. visitors will also discover how the Memorial dams on the Klamath River to a point where shaped the way Americans mourn, and the f decommissioning these facilities—by way of vital part The Wall played in helping to heal the Klamath Hydroelectric Settlement Agree- THANKING THE GOVERNMENT OF the bitter divisions that tore at our nation’s ment—is the least-cost option for its cus- AUSTRALIA FOR SUPPORTING heart and soul. tomers and ratepayers in California and else- THE VIETNAM VETERANS MEMO- Mr. Speaker, I urge my colleagues to join where, as opposed to relicensing. These laws RIAL EDUCATION CENTER me in thanking Prime Minister Gillard for her and regulations also caused the tragic 2001 leadership, her friendship and her dedication water shutoff that affected 1,200 farm families HON. DAN BURTON to helping us to ensure that the Education in the Klamath Basin and led them to enter Center gets built so that the voice of the OF INDIANA into this settlement process in the hopes of 58,000 plus names on the Wall and the mil- bringing greater stability and water reliability to IN THE HOUSE OF REPRESENTATIVES lions of Americans—and thousands of Aus- the Basin in order to continue their way of life. Thursday, March 3, 2011 tralians—who fought in the Vietnam War can It represents a monumental failure at the be heard and remembered. And I also ask my Mr. BURTON of Indiana. Mr. Speaker, next federal level when we consider that, under the colleagues to join me in extending my heartfelt week the Prime Minister of Australia, the Hon- laws and regulations that are on the books at appreciation to the people of Australia for their orable Julia Gillard, will be in Washington, DC this moment, there is currently no alternative support and friendship. that will allow these facilities to be operated as on a state visit. This will be Prime Minister Gillard’s first visit to Washington since becom- cost-effectively as it had during the several f decades of its previous license term, or allow ing Prime Minister in June of last year; and the federal government to fully meet the obli- her visit will also mark the 60th anniversary of FURTHER CONTINUING APPRO- gations it made over a century ago with the the U.S.-Australia alliance. PRIATIONS AMENDMENTS, 2011 development of the Klamath Reclamation In addition to many other official meetings Project. and ceremonies, Prime Minister Gillard will SPEECH OF I.say this to make the point that, unfortu- take time out of her schedule to present a $3 nately, this amendment by itself will not ad- million check from the Australian government HON. NITA M. LOWEY dress the real underlying issue—the appalling to the Vietnam Veterans Memorial Fund to OF NEW YORK environmental extortion that continues to affect help build the Education Center at the Viet- IN THE HOUSE OF REPRESENTATIVES nam Veterans Memorial. Regrettably, a last property owners across the rural West and the Tuesday, March 1, 2011 hardworking people who put food on our ta- minute scheduling conflict is going to prevent bles and provide the raw materials that make me from attending this ceremony, but I want to Mrs. LOWEY. Madam Speaker, I agree with life comfortable for the rest of us. Clearly, our extend my deep appreciation and thanks to my colleagues on the other side of the aisle laws are grossly out of balance, and I look for- the Prime Minister and the Australian people that we must get our fiscal house in order. ward to working with Chairman MCCLINTOCK, for this very generous contribution. That is why Democrats sought to cut more Chairman HASTINGS, Mr. WALDEN and my Australia has always been a steadfast ally than $40 billion from the President’s 2011 other colleagues to implement the necessary and partner to the United States. This con- budget request in December. We have a re- environmental reforms to prevent the contin- tribution further underscores the deep ties of sponsibility to our constituents to evaluate ued degradation of our economic infrastructure kinship and friendship between Australia and every program and determine whether it mer- at the hands of environmental activists and the United States. its taxpayer funding. bring greater certaiity to the Klamath Basin’s Many Americans tend to think of the Viet- Although I will vote for it, I do not support agricultural community. nam War as a solely American conflict. In re- every cut in the underlying bill. We must make ality the conflict involved troops from a number targeted reductions that make our government f of nations, including Australia. Between 1962 more efficient while prioritizing critical invest- HONORING ANNE THEROUX and 1972 approximately 60,000 Australian ments in innovation if we are to remain a glob- military personnel served in Vietnam. Aus- al leader. Instead of reducing our deficit by HON. WILLIAM R. KEATING tralia’s soldiers had a distinguished and re- eliminating education programs, we should find savings by ending taxpayer-funded sub- OF MASSACHUSETTS markable record of service and courage in Vietnam where more than 500 were killed, and sidies to large oil companies, which fleece tax- IN THE HOUSE OF REPRESENTATIVES some 3,000 were wounded or disabled de- payers of tens of billions of dollars. Thursday, March 3, 2011 fending the South Vietnamese people from However, it is imperative that Congress do Mr. KEATING. Mr. Speaker, I rise today in communist aggression. everything it can, and reach common ground celebration of one hundred years of inspiration For Australia, as well as the United States, whenever possible, to avoid a government and joy that Anne Theroux of Massachusetts the Vietnam War was the longest major mili- shutdown. We cannot allow for the possibility has given to those fortunate enough to know tary conflict in which Australians have been in- of seniors going without Social Security her well. A 35-year resident of Cape Cod, volved. Completed in 1982, the Vietnam Vet- checks or veterans losing access to the health Anne turns 100 years old on March 4 and erans Memorial in Constitution Gardens adja- benefits they have earned. continues to thrive in her West Dennis home, cent to the Lincoln Memorial has become one The seven month continuing resolution the as independent as ever before. of our Nation’s more recognized and beloved House passed in February is a dangerous bill Mother to seven, grandmother to thirteen, memorials. Some 3 million visitors each year that would create not a single job, hurt federal and great-grandmother to fifteen children, come to view The Wall and not only reflect programs essential to economic growth, and Anne has maintained an energy and youthful- upon those who suffered and died in Vietnam compromise our security. We must adopt this ness beyond her 100 years. She has served but how this nation let that generation of short-term continuing resolution to keep the her community with many years of teaching el- Americans down when they returned home. government operating while we negotiate ementary school, and she is known to always Ninety-one thousand eight hundred Hoo- spending for the remainder of the fiscal year have a book in hand or story to share. Anne siers served in Vietnam and the names of the that will continue economic growth.

VerDate Mar 15 2010 05:08 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MR8.015 E03MRPT1 pwalker on DSKD5P82C1PROD with REMARKS E416 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2011 INTRODUCING THE VETERANS an enormous debt, and cannot thank them Ruth Baseball. Comprised of two divisions, PENSIONS PROTECTION ACT OF enough for their service. I urge my colleagues 13–15 year olds and 16–18 year olds, the 2011 to support this important bipartisan legislation. League provides an important team experi- f ence and extracurricular outlet for as many as HON. ALCEE L. HASTINGS 200 young people each year. All of the coach- CONGRATULATING SILVER STAR es and league officials are volunteers, devot- OF FLORIDA RECIPIENT JOSHUA R. LABBE IN THE HOUSE OF REPRESENTATIVES ing their time to bring baseball into the lives of teenagers. These volunteers also maintain Co- Thursday, March 3, 2011 HON. JOE COURTNEY lumbus Field, home to all games played in the Mr. HASTINGS of Florida. Mr. Speaker, I OF CONNECTICUT Garfield Babe Ruth League. Over the years, rise today to introduce the Veterans Pensions IN THE HOUSE OF REPRESENTATIVES with the help of its invaluable volunteer coach- Protection Act of 2011, which willprotect vet- Thursday, March 3, 2011 es and officials, the League has been able to erans from losing their pension benefits be- Mr. COURTNEY. Mr. Speaker, I rise today add a press box, score board, dugouts, club cause they received payments to cover ex- house, fencing, lighting, bleachers, and nu- penses incurred after an accident, theft, loss to congratulate Army SGT Joshua R. Labbe for receiving the prestigious Silver Star—the merous other field enhancements. Garfield or casualty loss. has hosted many District All-Star Tournaments When assessing a veteran’s eligibility for a third highest honor for valor in the Army. I also want to share with you a brief account of the and has been selected to host this year’s New pension, the Department of Veterans Affairs Jersey State Final Tournament for the 14- (VA) considers a variety of sources of revenue remarkable story that earned him this award while serving in the Baghlan Province of Af- year-old division. to determine a veteran’s annual income. If Throughout its half-century of service to the such income exceeds the income limit set by ghanistan. Labbe, a former tight end on Stonington City of Garfield, the League has always pro- the VA, the veteran does not qualify for a pen- High School’s football team, was raised in vided the youth of the community with the op- sion or loses their benefits. Currently, the VA Pawcatuck, Connecticut. To the surprise of his portunity to create cherished memories, have considers any reimbursement that com- family and friends but with their support, Josh- important character-building experiences, and pensates a veteran for his/or her expenses ua enlisted in the Army shortly after grad- celebrate proud accomplishments, both on due to accidents, theft or loss as income. Only uating, expressing his deep desire to make a and off the baseball field. The legacy of this reimbursements of expenses related to cas- difference. He did just that. organization only grows stronger as the ualty loss are currently exempted from deter- Joshua was awarded the Silver Star for League continues to touch the lives of all who mination of income. leading his squadron through more than 6 become involved with it. Under current law, if a veteran is seriously hours of consecutive battles on October 6 of injured in an accident or the victim of a theft Mr. Speaker, today I would like to celebrate this year. He and his platoon began the day and receives insurance compensation to cover the Garfield Babe Ruth League’s 50th anniver- before dawn sweeping for mines in a moun- his/or her medical expenses, the cost of re- sary and honor all of its volunteers and partici- tainous region—one deemed critical in the placement of the stolen items, or for pain and pants for their role in keeping this wonderful fight to protect supply routes and crack down suffering, he/or she will likely lose their pen- tradition going for so many years. I wish the on drug trafficking in the province. sion. This means that the law effectively pun- League continued success as it continues to Not long after the operation had finished, ishes veterans when they suffer from such an proudly serve the community of Garfield, New Labbe and his squad came under heavy small accident or theft. Jersey. arms fire from a group of Taliban fighters out- Such a tragedy happened to one of my con- numbering them by roughly three to one. Fol- stituents, a Navy veteran with muscular dys- f lowing an order to retreat from their hillside trophy who was hit by a truck when crossing position, Labbe returned—through enemy gun- MARKEY AMENDMENT TO H.R. 1 the street in his wheelchair. His pension was fire—to accompany several soldiers to safety abruptly cut off after he received an insurance including one who fell and had to be carried. settlement payment to cover medical ex- HON. FRANK PALLONE, JR. Later, while towing a damaged truck in the penses for himself and his service dog, and midst of an ambush, Labbe provided cover OF NEW JERSEY material expenses to replace his wheelchair. fire—from close range and from an exposed IN THE HOUSE OF REPRESENTATIVES As a result, he fell below the poverty line, position—for the recovery team. They all re- could not cover his daily expenses and mort- Thursday, March 3, 2011 turned to base with no casualties. gage payments, and almost lost his home! Sergeant Labbe is one of just 195 soldiers Mr. PALLONE. Mr. Speaker, I rise today in There is clearly something wrong with a law to receive a Silver Star in Afghanistan since support of the amendment offered by the gen- that cancels veterans’ pensions following the 2003. While this account provides only a tleman from Massachusetts, Mr. MARKEY. This award of an insurance payment, which was glimpse of the heroic actions that earned him amendment would strike a strange provision in only intended to cover exceptional medical ex- this honor, Joshua’s contributions and deep law that allows for royalty-free production for penses. I am distraught that the VA can can- devotion to protecting this country are clear. I certain offshore drilling leases. cel the pensions of unemployed and disabled ask my colleagues to join me in congratulating veterans without further notice. The VA has a I have introduced legislation, the No New and honoring SGT Joshua R. Labbe for his moral responsibility to care for our veterans Drilling Act of 2011, which would stop the Inte- service and sacrifice to this great nation. and ensure that they live decent lives. rior Department from pursuing any new explo- The Veterans Pensions Protection Act will f ration, development or production of oil, gas or any other mineral anywhere off America’s amend the U.S. Code to exempt the reim- HONORING THE GARFIELD BABE coasts. The fact remains that opening up new bursement of expenses related to accidents, RUTH LEAGUE ON ITS 50TH AN- drilling for fossil fuel development is unneces- theft, loss or casualty loss from being included NIVERSARY into the determination of a veteran’s income. sary, poses a serious threat to our shores, This will guarantee the continuity of our vet- HON. STEVEN R. ROTHMAN and is the wrong approach. erans’ pensions and that no veteran will have If oil companies are going to drill in our wa- OF NEW JERSEY their benefits unfairly and abruptly depreciated ters, at the very least they should be required IN THE HOUSE OF REPRESENTATIVES or cancelled. to pay royalties to the federal government on Mr. Speaker, this legislation will fix a loop- Thursday, March 3, 2011 the profits they make at the expense of our hole under existing law to ensure that pen- Mr. ROTHMAN of New Jersey. Mr. Speaker, environment. We have seen the environmental sions are issued to veterans who legitimately I rise today to congratulate the Garfield Babe catastrophe that can occur, most notably with meet the income criteria and rely on such ben- Ruth League on 50 years of service to the the BP oil spill last year. efits to survive. We must enact regulations youth of Garfield, New Jersey. Since its found- I don’t support issuing any new leases for that help veterans live better lives, not hurt ing in 1961, the League has provided count- offshore drilling in areas not currently leased. them. At a time when our nation’s servicemen less young people with the opportunity to par- I support this amendment so that we can hold and women are fighting two wars abroad, we ticipate in a quintessential American pastime: these companies financially accountable for have a duty to our past, present, and future youth baseball. the benefits they are reaping from our coastal veterans to provide them with the very best The Garfield Babe Ruth League is a proud environment. I urge all of my colleagues to services and benefits. We owe our veterans member of the Middle Atlantic Region of Babe vote aye.

VerDate Mar 15 2010 05:08 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MR8.019 E03MRPT1 pwalker on DSKD5P82C1PROD with REMARKS March 3, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E417 INTRODUCTION OF THE ACCESS TO Equality Amendment Act for the many benefits TRIBUTE TO MAJOR GENERAL BOOKS FOR CHILDREN ACT it has brought to our city and our residents. I JOSE S. MAYORGA ask the House to join me in commemorating HON. CAROLYN B. MALONEY the one-year anniversary of the passage of OF NEW YORK the Religious Freedom and Civil Rights Equal- HON. HENRY CUELLAR ity Amendment Act. IN THE HOUSE OF REPRESENTATIVES OF TEXAS Thursday, March 3, 2011 f IN THE HOUSE OF REPRESENTATIVES Mrs. MALONEY. Mr. Speaker, today, I am pleased to introduce the Access to Books for HONORING DAYMON DOSS Thursday, March 3, 2011 Children Act. This bill would amend the Child Mr. CUELLAR. Mr. Speaker, I rise today to Nutrition Act of 1966 to provide a $5 voucher recognize the distinguished career of Major to mothers for the purchase of educational HON. LYNN C. WOOLSEY General Jose S. Mayorga, who is completing books for infants and children participating in OF CALIFORNIA his service as the Adjutant General for the the Special Supplemental Nutrition Program State of Texas and Commander of the Texas IN THE HOUSE OF REPRESENTATIVES for Women, Infants, and Children, WIC. National Guard. General Mayorga has served As a lifelong advocate for reading and early Thursday, March 3, 2011 our United States and the State of Texas for education, I am introducing this bill to help over 33 years in the Active Army Component, provide nourishment for both the body and the Ms. WOOLSEY. Mr. Speaker, I rise today to in the Army Reserve, and as a member of the mind to children who need it most. The Amer- honor Daymon Doss and recognize his con- Texas National Guard. ican Academy of Pediatrics recommend daily tribution to health care in Sonoma County reading to a child beginning when the child is California. Mr. Doss is retiring after forty-five Jose Mayorga began his career on a Re- 6 months old. The Access to Books for Chil- years of leadership and collaboration in build- serve Officer Training Corps Scholarship at dren Act will make it easier for children in the ing a healthy community. Texas A&I University in Kingsville, Texas WIC program to develop literacy skills by plac- graduating with a Bachelor of Science in Civil ing books in the hands of children who may Daymon received his education in Sonoma Engineering. During his studies, he was recog- not otherwise have their own books in the County, attending middle school, high school, nized as a Distinguished Military Student and Santa Rosa Junior College and Sonoma State home. Children who are exposed to books was inducted into the Tau Beta Pi Engineering University. His work as a registered nurse and and reading before they start school are much Honor Society—an honor that acknowledged respiratory therapist greatly informed his ca- more likely to graduate from high school than his distinguished scholarship and exemplary reer path and decisionmaking; he is known as those who are not. I urge you to support this character. bill to invest in early education by instilling the an administrator who understands the needs He began his military service with four years love of reading in all children during the forma- of clinicians. on active duty as an Army Engineer Officer. In tive years that matter the most. My hometown of Petaluma would be a very the following years, as a National Guard Offi- f different place, were it not for Daymon’s vision and sense of social justice years ago. He saw cer, he held progressively more responsible COMMEMORATING THE ONE-YEAR that people without health insurance were command positions including Deputy Com- ANNIVERSARY OF THE PASSAGE using the hospital Emergency Room as their manding General for United States Army OF THE RELIGIOUS FREEDOM means of obtaining health care. He knew they South and Commander of the 36th Infantry Di- AND CIVIL RIGHTS EQUALITY needed a medical home that offered a full vision. Among his many accomplishments was AMENDMENT ACT range of care, and used his collaborative skills the advocacy of strong ties between the Texas to establish the Petaluma Health Center. National Guard and the Czech Republic and HON. ELEANOR HOLMES NORTON When Petaluma Valley Hospital was facing fi- the Republic of Chile under the State Partner- OF THE DISTRICT OF COLUMBIA nancial challenges, Daymon negotiated a con- ship Program. As Division Commander and IN THE HOUSE OF REPRESENTATIVES tract with the St. Joseph Health System to run Adjutant General he was responsible for de- ploying over 12,000 soldiers and airmen to Thursday, March 3, 2011 the hospital. When St. Joseph’s threatened to close the OB section of the hospital, Daymon Iraq and Afghanistan, as well as, for the devel- Ms. NORTON. Mr. Speaker, I ask the was instrumental in saving the department by opment of the first ever Joint Strategic Plan for House of Representatives to join me in com- bringing all stakeholders to the table to find a the Texas National Guard. memorating the one-year anniversary of the solution that worked. General Mayorga has gone on to earn a passage of the District of Columbia Religious Master of Business Administration from Har- Freedom and Civil Rights Equality Amendment You see Mr. Speaker, that is what Daymon din-Simmons University in Abilene, Texas and Act or 2009 (L18–0110). Doss does best; he is a consensus builder, a One year ago, the District, led by the law’s facilitator, a communicator, an inspiration. a Master of Strategic Studies from the United authors, D.C. Council member David Catania Daymon knows and holds the respect of our States Army War College in Carlisle Barracks, and then D.C. Council Chairman Vincent community so that a call from him brings peo- Pennsylvania. Gray, now the mayor of the District of Colum- ple to the table to find common goals and General Mayorga is the recipient of the Le- bia, joined five states in affording full marriage build workable solutions. An active member of gion of Merit, the Meritorious Service Medal, equality to our residents. Our landmark mar- the community, he has served on multiple the Army Commendation Medal, and the Glob- riage equality legislation is not the first time boards, including Community Health Founda- al War on Terrorism Service Medal. the District has led the country in enacting tions, COTS, Healthy Community consortium, Sunrise Rotary of Petaluma, Housing Land In the true spirit of the citizen-warriors who human rights legislation. The District’s unique make up our National Guard, General history makes our residents particularly sen- Trust Sonoma County, and Partnership Health Mayorga, born in Brownsville, is a life long sitive to human rights, not only for themselves Plan. He has served in a variety of manage- resident of Texas, where he and his wife, but for others, as well. Even though some of ment positions at the Petaluma Health Care Maria, have raised their son, Jose, a recent our residents do no favor same-sex marriage, District and currently as the CEO. proud graduate of Baylor University. General there is among them a deep tradition of toler- Mr. Speaker, I have turned to Mr. Doss my- Mayorga, a registered Professional Engineer, ance and respect for the rights of others that self, for factual updates of events that unfold also served the State for 27 years in the Oil could serve as a model for other Americans. while I am working in Washington, DC. He and Gas Division of the Railroad Commission It has been refreshing and heartwarming to does not color his words with his own opinion, see the happiness of our new same-sex mar- but he does color them with optimism and a as a Petroleum Engineer and Director, respon- riages. Many have had wedding celebrations strong belief that there is a solution that will sible for plugging over 20,000 non-producing that have, in turn, brought great happiness to benefit everyone. It is appropriate at this time oil and gas wells. their families and friends. At the same time, that we thank Mr. Daymon Doss for his many Mr. Speaker, I am honored to have had the the city’s new law has benefited our local years of service on behalf of the people of time to recognize the dedication, commitment, economy. Sonoma County. He has worked tirelessly to and leadership of the Adjutant General for the We celebrate the first year of the District of promote the health of our community; for this, State of Texas, Major General Jose S. Columbia Religious Freedom and Civil Rights he deserves our appreciation. Mayorga.

VerDate Mar 15 2010 05:08 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A03MR8.023 E03MRPT1 pwalker on DSKD5P82C1PROD with REMARKS E418 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 2011 IN HONOR OF FAUSTINO ‘‘MANG America defeat the Axis powers in 1945, the face Transportation Extension Act of 2011. PEPING’’ BACLIG U.S. Congress committed an enormous injus- This bill provides much needed funding to tice one year later when it passed the Rescis- keep the transportation projects in our nation HON. XAVIER BECERRA sion Act of 1946. This act intentionally stripped going and provides assurance to State Depart- OF CALIFORNIA Filipino veterans of the benefit they had ments of Transportation that vital infrastructure IN THE HOUSE OF REPRESENTATIVES earned as soldiers fighting under General projects can continue without delay. Addition- Douglas MacArthur. ally, this bill buys the House time to put to- Thursday, March 3, 2011 This is how I was first introduced to Mang gether a comprehensive, longer term surface Mr. BECERRA. Mr. Speaker, I rise today to Peping. He personally took on the struggle for transportation bill that can adequately address pay tribute to an American hero, Faustino justice for all Filipino veterans and became an the needs and challenges facing this nation. ‘‘Mang Peping’’ Baclig, who passed away Sun- inspiration for my work in the House of Rep- I look forward to working on a new surface day, February 27, 2011. Family and friends resentatives for Filipino veteran equity. Our transportation bill with Highways and Transit will be gathering for a memorial service on country owes an invaluable debt of gratitude Subcommittee Chairman DUNCAN and with March 4 in Los Angeles to honor his long and to veterans like Mang Peping who risked their Chairman MICA’s leadership along with our full life, which was marked by heroism, dedi- lives on battlefields throughout this world to colleagues on the full Committee. cated community service, and incredible protect the basic freedoms that Americans I am confident that our Committee will put friendships. We are comforted knowing that enjoy today. At its very core, the exclusion together a bill that will meet the serious chal- today he rests in peace. and discrimination against Filipino veterans by lenges we face in maintaining and improving Faustino Baclig was born in the Philippines the Rescission Act of 1946 was a supreme in- our infrastructure. I am also confident that we on February 14, 1922 to Irene Imperio Baclig justice. will have the appropriate focus on what we and Fermin Gonzales Baclig. Known as In 2009, after more than 60 years of waiting, must do to help move our economy forward Cabugao’s town scholar, he completed his pri- the Filipino Veteran Equity Compensation and the elimination of earmarks will allow us mary schooling in four years, skipped two Fund became law. Filipino veterans finally re- to develop strong legislation that focuses more grades and went on to study law at Lyceum of ceived compensation for their courageous on need instead of narrow interests. the Philippines University. He also received service during World War II. Because of the Throughout history economic growth has fol- his Bachelor of Science in Political Science at heroic work of individuals like Mang Peping, lowed our transportation grid. Whether it was the University of the Philippines and a Bach- Filipino veterans not only received just com- sea routes, canals, wagon trains, rail, roads elor of Science in Elementary Education from pensation but the overdue recognition for their and airlinks, growth in our economy has al- the Philippine College of Arts and Trade. After contributions to America’s stand for freedom ways been dependent on our transportation in- finishing his education by age 17, he began and democracy. frastructure. his military career at Camp John Hay in Ba- I have never been more certain about any- I believe this will help to ensure that the guio City, Philippines. thing as this: Mang Peping’s leadership and most needed projects get funding and help to In 1941, by military order of President his fighting spirit will never be forgotten. Our eliminate any unnecessary projects. Franklin D. Roosevelt, all members of the deepest sympathies are extended to his loving Madam Speaker, it is critical that we make Commonwealth Army of the Philippines were wife Francisca; children, Frecie and Filomin sure that spending stays in line with revenues, inducted into the United States military. ‘‘Omi’’ and their families, on the passing of and one way in which to do this is to prevent Faustino Baclig was among those who served their champion for dignity and humanity. the use of ‘‘donor states,’’ or states that give and fought heroically under the American flag Mr. Speaker, it is with deep affection and more to the Highway Trust Fund than they rein World War II. He survived the Death March heartfelt sorrow, yet with great pride and ceive. My home state of Michigan is such a of Bataan in 1942, the 61 mile forced trek abundant admiration that I ask my colleagues donor state, and we and other donor states where 75,000 American and Filipino prisoners to join me today in saluting Faustino ‘‘Mang have for too long been at the short end of of war suffered inhumanities and only 54,000 Peping’’ Baclig, an American hero and a man funding for projects. reached their destination alive. I was honored to call my friend. May he rest My state of Michigan has been ground zero After World War II and the liberation of the in peace. for this difficult economy. We have had among Philippines, Faustino Baclig met the love of his f the highest unemployment rates for many life, Francisca, and they married in 1952. They years and it is simply unacceptable that hard- were blessed with two children, Frecie Maria OUR UNCONSCIONABLE NATIONAL working Michigan taxpayers are asked to sub- and Filomin ‘‘Omi’’ Antonio. In the Philippines, DEBT sidize transportation funding for states that Faustino Baclig enjoyed a successful career have not been nearly as hard hit. as a college professor, vice president of Provi- HON. MIKE COFFMAN This extension is our first step in the proc- dent Memorial Life Plans and as a principal in OF COLORADO ess and I urge all of my colleagues to support the family business. IN THE HOUSE OF REPRESENTATIVES this legislation so that we can continue our im- In 1986, at the age of 64, Faustino, known portant work to develop the best transportation Thursday, March 3, 2011 to all as Mang Peping for the respect and network in the world. honor he had earned, immigrated to the Mr. COFFMAN of Colorado. Mr. Speaker, f United States with his family. Soon after, he today our national debt is took the United States Oath of Allegiance and $14,178,525,108,267.60. HONORING CONSTANCE H. LAU AS became a U.S. citizen. He spent his later On January 6th, 2009, the start of the 111th A RECIPIENT OF THE 2011 WOM- years advocating for the issues that he most Congress, the national debt was EN’S COUNCIL ON ENERGY AND cherished and volunteered in the community. $10,638,425,746,293.80. THE ENVIRONMENT WOMAN OF Mang Peping served as a commissioner on This means the national debt has increased THE YEAR AWARD the Los Angeles County Board of Supervisors’ by $3,540,099,361,973.80 since then. Adult Day Health Care Planning Council, co- This debt and its interest payments we are HON. MAZIE K. HIRONO founded the Golden Agers of Los Angeles, passing to our children and all future Ameri- OF HAWAII and served as a board member for People’s cans. IN THE HOUSE OF REPRESENTATIVES Core, a local community organizing agency. f He also was a member of the Filipino Amer- Thursday, March 3, 2011 ican Service Group (FASGI) and Fil-Am Vote. SURFACE TRANSPORTATION Ms. HIRONO. Mr. Speaker, I rise today to In 1993, Mang Peping began a historic jour- EXTENSION ACT OF 2011 congratulate Constance Lau for being recog- ney for Filipino veteran justice in 1993, when nized as the 2011 Woman of the Year by the he convened the first Southern California Vet- SPEECH OF Women’s Council on Energy and the Environ- erans Conference. This important meeting HON. CANDICE S. MILLER ment. brought together hundreds of Filipino veterans OF MICHIGAN As President and CEO of Hawaiian Electric to advocate for recognition, justice and equity IN THE HOUSE OF REPRESENTATIVES Industries, Hawaii’s largest public company, for those who fought bravely alongside Amer- and Chairman of the Board of Hawaii Electric ican soldiers in World War II. For while Mang Wednesday, March 2, 2011 Company (which serves 95 percent of the Peping and Filipino soldiers had sworn alle- Mrs. MILLER of Michigan. Madam Speaker, state), Connie Lau has played a critical role in giance to the United States flag and helped I rise today in support of H.R. 662—The Sur- helping Hawaii—the most oil-dependent state

VerDate Mar 15 2010 05:08 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.027 E03MRPT1 pwalker on DSKD5P82C1PROD with REMARKS March 3, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E419 in the country—reduce its reliance on imported a feed-in tariff for renewable projects, started geothermal, photovoltaic, wind, and biomass oil by investing in a clean energy future. a pilot electric vehicle program, and instituted projects. Under her direction, Hawaiian Electric declining block rates to encourage conserva- For these and other initiatives, Connie richly signed a landmark agreement with the State tion. of Hawaii so that the State could achieve 70 In addition to being the first company to use deserves this distinguished national award. All percent of its energy needs with clean energy sustainable biodiesel in a utility-scale combus- of Hawaii is proud of her. Her pioneering spirit by the year 2030. Since then, the company tion turbine, Hawaiian Electric has imple- serves as an inspiration to us all. has expanded net energy metering, instituted mented new purchase power contracts for

VerDate Mar 15 2010 05:08 Mar 04, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A03MR8.030 E03MRPT1 pwalker on DSKD5P82C1PROD with REMARKS Thursday, March 3, 2011 Daily Digest Senate Whitehouse (for Bingaman) Amendment No. 142, Chamber Action to require the PTO to disclose the length of time Routine Proceedings, pages S1171–S1243 between the commencement of each inter partes and Measures Introduced: Twenty-four bills and seven post-grant review and the conclusion of that review. resolutions were introduced, as follows: S. 467–490, Page S1206 S. Res. 87–92, and S. Con. Res. 10. Pages S1218–19 Rejected: Feinstein Modified Amendment No. 133, to strike Measures Passed: the first inventor to file requirement. (By 87 yeas to Surface Transportation Extension Act: Senate 13 nays (Vote No. 31), Senate tabled the amend- passed H.R. 662, to provide an extension of Federal- ment.) Pages S1175–83 aid highway, highway safety, motor carrier safety, Pending: transit, and other programs funded out of the High- Leahy Amendment No. 114, to improve the bill. way Trust Fund pending enactment of a multiyear Page S1175 law reauthorizing such programs. Pages S1202–04 Bennet Amendment No. 116, to reduce the fee Death of Frank W. Buckles: Senate agreed to S. amounts paid by small entities requesting prioritized Res. 89, relating to the death of Frank W. Buckles, examination under Three-Track Examination. the longest surviving United States veteran of the Page S1175 First World War. Pages S1240–41 A motion was entered to close further debate on the bill, and, in accordance with the provisions of International Women’s Day: Senate agreed to S. Rule XXII of the Standing Rules of the Senate, a Res. 90, supporting the goals of ‘‘International vote on cloture will occur on Monday, March 7, Women’s Day’’ and recognizing this year’s centen- 2011, following disposition of the nominations of nial anniversary of International Women’s Day. James E. Shadid, of Illinois, to be United States Dis- Page S1241 trict Judge for the Central District of Illinois, and Multiple Sclerosis Awareness Week: Senate Anthony J. Battaglia, of California, to be United agreed to S. Res. 91, supporting the goals and ideals States District Judge for the Southern District of of Multiple Sclerosis Awareness Week. California. Page S1213 Pages S1241–42 Battaglia, Myerscough, and Shadid Nomina- Payment of Legal Expenses of Senate Employees: tions—Agreement: A unanimous-consent-time Senate agreed to S. Res. 92, to authorize the pay- agreement was reached providing that at 4:30 p.m., ment of legal expenses of Senate employees out of on Monday, March 7, 2011, Senate begin consider- the contingent fund of the Senate. Page S1242 ation of the nominations of Anthony J. Battaglia, of Measures Considered: California, to be United States District Judge for the Southern District of California, Sue E. Myerscough, Patent Reform Act: Senate continued consider- of Illinois, to be United States District Judge for the ation of S. 23, to amend title 35, United States Central District of Illinois, and James E. Shadid, of Code, to provide for patent reform, taking action on Illinois, to be United States District Judge for the the following amendments proposed thereto: Central District of Illinois; that there be one hour Pages S1175–85, S1204–13 for debate equally divided and controlled in the Adopted: usual form; that upon the use or yielding back of Stabenow/Levin Amendment No. 126, to des- time, the nomination of Sue E. Myerscough, of Illi- ignate the satellite office of the United States Patent nois, to be United States District Judge for the Cen- and Trademark Office to be located in Detroit, tral District of Illinois, be confirmed, and Senate Michigan as the ‘‘Elijah J. McCoy United States Pat- vote, without intervening action or debate, on the ent and Trademark Office’’. Page S1183 confirmation of the nominations of James E. Shadid, D183

VerDate Mar 15 2010 02:39 Nov 01, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D03MR1.REC D03MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D184 CONGRESSIONAL RECORD — DAILY DIGEST March 3, 2011 of Illinois, to be United States District Judge for the ing testimony from Gary Gensler, Chairman, Com- Central District of Illinois, and Anthony J. Battaglia, modity Futures Trading Commission; Mary L. of California, to be United States District Judge for Schapiro, Chairman, U.S. Securities and Exchange the Southern District of California; that no further Commission; Jill Harlan, Caterpillar, Inc., Peoria, Il- motions be in order to any of the nominations and linois, on behalf of the Coalition for Derivatives Senate then resume legislative session. Page S1242 End-Users; Terrence A. Duffy, CME Group Inc., Nominations Confirmed: Senate confirmed the fol- Chicago, Illinois; Larry Thompson, The Depository lowing nominations: Trust and Clearing Corporation (DTCC), and Steven Daniel L. Shields III, of Pennsylvania, to be Am- M. Bunkin, Goldman, Sachs and Co., both of New bassador to Brunei Darussalam. York, New York; and Michael Greenberger, Univer- Pamela L. Spratlen, of California, to be Ambas- sity of Maryland School of Law, Baltimore. sador to the Kyrgyz Republic. APPROPRIATIONS: DEPARTMENT OF Eric G. Postel, of Wisconsin, to be an Assistant HOUSING AND URBAN DEVELOPMENT Administrator of the United States Agency for Inter- national Development. Committee on Appropriations: Subcommittee on Trans- Sue Kathrine Brown, of Texas, to be Ambassador portation, Housing and Urban Development, and to Montenegro. Related Agencies concluded a hearing to examine David Lee Carden, of New York, to be Represent- proposed budget estimates for fiscal year 2012 for ative of the United States of America to the Associa- the Department of Housing and Urban Develop- tion of Southeast Asian Nations, with the rank of ment, after receiving testimony from Shaun Dono- Ambassador. Pages S1242–S1243 van, Secretary of Housing and Urban Development. Messages from the House: Page S1216 APPROPRIATIONS: OFFICE OF THE Measures Read the First Time: ARCHITECT OF THE CAPITOL AND THE Pages S1216, S1242–43 OFFICE OF COMPLIANCE Executive Communications: Pages S1216–18 Committee on Appropriations: Subcommittee on Legisla- tive Branch concluded a hearing to examine pro- Executive Reports of Committees: Page S1218 posed budget estimates for fiscal year 2012 for the Additional Cosponsors: Pages S1219–20 Office of the Architect of the Capitol, and the Office Statements on Introduced Bills/Resolutions: of Compliance, after receiving testimony from Ste- Pages S1220–39 phen T. Ayers, Architect of the Capitol; and Tamara E. Chrisler, Executive Director, Office of Compli- Additional Statements: Pages S1215–16 ance. Amendments Submitted: Pages S1239–40 NOMINATION Authorities for Committees to Meet: Page S1240 Committee on Armed Services: Committee concluded a Record Votes: One record vote was taken today. hearing to examine the nomination of General Mar- (Total—31) Page S1183 tin E. Dempsey, USA for reappointment to the Adjournment: Senate convened at 10 a.m. and ad- grade of general and to be Chief of Staff, United journed, as a further mark of respect to the memory States Army, Department of Defense, after the nomi- of the late Frank W. Buckles, in accordance with S. nee, who was introduced by Senator Reed, testified Res. 89, at 6:39 p.m., until 10 a.m. on Friday, and answered questions in his own behalf. March 4, 2011. (For Senate’s program, see the remarks of the Majority Leader in today’s Record on DEPARTMENT OF TRANSPORTATION page S1243.) BUDGET Committee on the Budget: Committee concluded a hear- Committee Meetings ing to examine the President’s proposed budget request for fiscal year 2012 for the Department of (Committees not listed did not meet) Transportation, after receiving testimony from Ray LaHood, Secretary of Transportation. WALL STREET REFORM AND CONSUMER PROTECTION ACT USDA FOREST SERVICE BUDGET Committee on Agriculture, Nutrition, and Forestry: Com- Committee on Energy and Natural Resources: Committee mittee concluded an oversight hearing to examine concluded a hearing to examine the President’s pro- the implementation of Title VII of the ‘‘Wall Street posed budget request for fiscal year 2012 for the Reform and Consumer Protection Act’’, after receiv- Forest Service, after receiving testimony from Tom

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Tidwell, Chief, Forest Service, Department of Agri- nority access to capital and contracting opportuni- culture. ties, focusing on the importance of effective fraud GLOBAL ECONOMY prevention controls, after receiving testimony from Marie C. Johns, Deputy Administrator, and Peggy Committee on Foreign Relations: Committee concluded E. Gustafson, Inspector General, both of the U.S. a hearing to examine navigating a turbulent global economy, focusing on implications for the United Small Business Administration; Gregory D. Kutz, States, after receiving testimony from Timothy F. Director, Forensic Audits and Investigative Service, Geithner, Secretary of the Treasury. Government Accountability Office; Robert W. Fairlie, University of California, Santa Cruz; Marc H. BUSINESS MEETING Morial, National Urban League, New York, New Committee on the Judiciary: Committee ordered favor- York; Susan Au Allen, US Pan Asian American ably reported the following business items: Chamber of Commerce Education Foundation S. 49, to amend the Federal antitrust laws to pro- (USPAACC), and B. Doyle Mitchell, National Bank- vide expanded coverage and to eliminate exemptions ers Association, both of Washington, D.C.; and Mar- from such laws that are contrary to the public inter- tha Montoya, Los Kitos Produce, Santa Ana, Cali- est with respect to railroads; and fornia, on behalf of the United States Hispanic The nominations of Mae A. D’Agostino, to be Chamber of Commerce. United States District Judge for the Northern Dis- trict of New York, and Timothy J. Feighery, of New INTELLIGENCE York, to be Chairman of the Foreign Claims Settle- Select Committee on Intelligence: Committee held ment Commission of the United States, Department closed hearings on intelligence matters, receiving tes- of Justice. timony from officials of the intelligence community. MINORITY ACCESS TO CAPITAL AND Committee recessed subject to the call. CONTRACTING OPPORTUNITIES Committee on Small Business and Entrepreneurship: Com- mittee concluded a hearing to examine exploring mi- h House of Representatives amendment, by a yea-and-nay vote of 243 yeas to Chamber Action 181 nays, Roll No. 161. Pages H1549–53 Public Bills and Resolutions Introduced: 46 pub- Pursuant to the rule, the amendment in the na- lic bills, H.R. 891–936; and 12 resolutions, H.J. ture of a substitute consisting of the text of the Res. 45–46 ; H. Con. Res. 24–26; and H. Res. amendment recommended by the Committee on 140–146 were introduced. Pages H1573–75 Ways and Means now printed in H.R. 705 shall be Reports Filed: There were no reports filed today. considered as adopted. Page H1529 H. Res. 129, the rule providing for consideration Speaker: Read a letter from the Speaker wherein he of the bill, was agreed to yesterday, March 2nd. appointed Representative Poe (TX) to act as Speaker pro tempore for today. Page H1527 Meeting Hour: Agreed that when the House adjourns today, it adjourn to meet at 2 p.m. tomorrow; Small Business Paperwork Mandate Elimination when the House adjourns on that day, it adjourn to Act of 2011: The House passed H.R. 4, to repeal meet on Tuesday, March 8th, when it shall convene the expansion of information reporting requirements at 2 p.m. for morning hour and 4 p.m. for legisla- for payments of $600 or more to corporations, by a tive business; and when the House adjourns on that recorded vote of 314 ayes to 112 noes, Roll No. day, it adjourn to meet at 10 a.m. on Wednesday, 162. Pages H1529–53 March 9th. Page H1556 Agreed to table the appeal of the ruling of the chair on a point of order sustained against the Senate Message: Message received from the Senate McNerney motion to recommit the bill to the Com- today appears on page H1571. mittee on Ways and Means with instructions to re- Quorum Calls—Votes: One yea-and-nay vote and port the same back to the House forthwith with an one recorded vote developed during the proceedings

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, March 4 2 p.m., Friday, March 4

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Friday: The House will meet in pro forma ing business. As a reminder, there is a 1 p.m. filing dead- session at 2 p.m. line for first-degree amendments to S. 23, Patent Reform Act.

Extensions of Remarks, as inserted in this issue

HOUSE Gerlach, Jim, Pa., E408 Maloney, Carolyn B., N.Y., E417 Graves, Sam, Mo., E407 Miller, Candice S., Mich., E418 Becerra, Xavier, Calif., E418 Grijalva, Rau´ l M., Ariz., E409 Miller, Jeff, Fla., E410, E412 Brady, Robert A., Pa., E407 Hastings, Alcee L., Fla., E411, E416 Norton, Eleanor Holmes, D.C., E417 Burton, Dan, Ind., E413, E415 Hayworth, Nan A.S., E410 Pallone, Frank, Jr., N.J., E416 Calvert, Ken, Calif., E414 Herger, Wally, Calif., E414 Carson, Andre´, Ind., E413 Hirono, Mazie K., Hawaii, E410, E418 Perlmutter, Ed, Colo., E413 Coffman, Mike, Colo., E418 Keating, William R., Mass., E411, E415 Rothman, Steven R., N.J., E416 Courtney, Joe, Conn., E416 Lofgren, Zoe, Calif., E408 Sherman, Brad, Calif., E411 Cuellar, Henry, Tex., E417 Lowey, Nita M., N.Y., E415 Tiberi, Patrick J., Ohio, E408 Denham, Jeff, Calif., E414 McClintock, Tom, Calif., E408 Wolf, Frank R., Va., E411 Farr, Sam, Calif., E409 McDermott, Jim, Wash., E409 Woolsey, Lynn C., Calif., E417 Gardner, Cory, Co., E414 McKinley, David B., W.Va., E413

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