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, TUESDAY, APRIL 5, 2011 No. 48 House of Representatives The House met at 10 a.m. and was tors, like Massey Energy, to violate Gary Quarles lost his only son at called to order by the Speaker pro tem- mine safety rules repeatedly and with Upper Big Branch. Gary asked us to pore (Mr. YODER). impunity. In fact, the Upper Big make a commitment to make sure that f Branch Mine was allowed to remain it doesn’t happen again. open even though it had been ordered Alice Peters testified about how her DESIGNATION OF SPEAKER PRO to stop operations 51 times in the pre- son-in-law, Dean Jones, was afraid to TEMPORE vious year because of severe safety haz- work in the mine because of the ven- The SPEAKER pro tempore laid be- ards. tilation problems, but Dean needed the fore the House the following commu- After the disaster, there were procla- job in order to keep health insurance nication from the Speaker: mations made from both sides of the coverage for his special-needs son. aisle about taking meaningful action Clay Mullins lost his brother Rex at WASHINGTON, DC, Upper Big Branch. Clay testified how April 5, 2011. to honor the victims so that something the management would give advance I hereby appoint the Honorable KEVIN like this would never happen again. warning of an impending mine safety YODER to act as Speaker pro tempore on this However, standing here a year later, day. miners still face many of the same dan- inspection so that they could quickly JOHN A. BOEHNER, gers as they did the morning before the cover up any violations before the Fed- Speaker of the House of Representatives. tragedy in West Virginia. eral inspectors got to that part of the f Unscrupulous mine operators are mine. And Stanley ‘‘Goose’’ Stewart was still gaming the system by clogging it MORNING-HOUR DEBATE working at the Upper Big Branch Mine with thousands of appeals as a way to the day it exploded. He testified twice The SPEAKER pro tempore. Pursu- avoid paying strong penalties. Miners ant to the order of the House of Janu- before the committee about the per- are still paralyzed with the fear of sistent fear and intimidation faced by ary 5, 2011, the Chair will now recog- being fired for speaking out because of nize Members from lists submitted by workers from Massey management. weak whistleblower protections. Deci- Every mine law has been written the majority and minority leaders for sions made in the boardrooms to maxi- morning-hour debate. with the blood of miners; and savvy po- mize coal production at the expense of litical interests know that, as atten- The Chair will alternate recognition miners’ safety remain unchallenged. tion to the tragedy fades, so does the between the parties, with each party Management practices of illegally giv- willingness of the Congress to act deci- limited to 1 hour and each Member ing advance warning of pending inspec- sively. Families and miners also ex- other than the majority and minority tions are still a mere misdemeanor. pressed their concern about this skep- leaders and the minority whip limited Shortly after the Upper Big Branch ticism. Looking back now, a year later, to 5 minutes each, but in no event shall tragedy, the Education and Labor Com- their skepticism was entirely justified. debate continue beyond 11:50 a.m. mittee held the only hearings where Congress has utterly failed to re- f Congress heard from families and min- spond to the real problems that miners, ers affected by this tragedy. Many were themselves, have identified as safety UPPER BIG BRANCH MINE reluctant to testify because they feared TRAGEDY hazards in their workplace. A toxic po- retaliation. For others, there was a litical environment has failed these The SPEAKER pro tempore. The strong desire to tell their stories to families. The pay-to-play nature of our Chair recognizes the gentleman from prevent another tragedy in the coal politics has failed these families. California (Mr. GEORGE MILLER) for 5 mines of America. While congressional action was sty- minutes. Eddie Cook told us about the dan- mied, the Mine Safety and Health Ad- Mr. GEORGE MILLER of California. gerous practices he heard from the ministration has been working hard to Mr. Speaker, 1 year ago today, a mas- miners at the Upper Big Branch Mine make adjustments in the limited ways sive explosion ripped through the 2- after the explosion. He lost his 21-year- it can to help prevent rogue mine oper- mile area of the Upper Big Branch old nephew, Adam Morgan. ators from recklessly putting lives at Mine in Montcoal, West Virginia. The Adam’s father, Steve Morgan, said risk; but even with these measures, we explosion bent railroad tracks like that when he spoke to his son about are hearing the familiar cries from Big pretzels and killed 29 miners. the unsafe conditions, management Coal to maintain the status quo while This disaster laid bare the loopholes told him that he might just have to they continue to game a legal system that riddle our mine safety laws. These find another job. They did nothing designed to protect the miners who go loopholes allowed dubious mine opera- about the unsafe conditions. to work in those mines every day.

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 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2296 CONGRESSIONAL RECORD — HOUSE April 5, 2011 They cry about their so-called ‘‘due nament in perspective. The LaSalle ter. I find inspiration in the Biblical process’’; but what about the due proc- family rallied around their coach, and verse from Romans: ‘‘Glory in tribu- ess for the 29 miners who died in the the Lancers, led by their seniors and lations also, knowing that tribulations Upper Big Branch Mine explosion—and the assistant coaches, went on to win worketh patience; and patience, experi- their families? What about the miners their first basketball State champion- ence; and experience, hope.’’ Never lose who went to work today in the coal ship in 15 years and the second in hope that we can improve the health mines of America—and their families? school history. and safety of miners in the coal fields. Is Congress just going to sit here and b 1010 Never lose hope that we can pass simply wait for the next explosion? the tougher mine safety laws and that we next tragedy? the next loss of life? Are I would also like to congratulate can enforce those laws and save lives. we going to let the special interests Coach Tom Grippa and the LaSalle There are plenty of good coal compa- continue to paralyze this institution? Lancer football team for their tremen- nies in America, companies that put These should not be hard questions dous season. You made us proud. Con- time and effort and money into making for the Congress of the United States. gratulations Lancers. their workplaces safe in which they op- Our ability to respond goes to the I also rise today to congratulate the erate. They are forward-thinking coal heart of who we are as a Nation. There Taft High School Senators, who won companies, with strong safety records are things that Congress can and must the Division 3 Basketball State Cham- that have designed programs aimed at do right now—and that only Congress pionship. Now I acknowledge that it’s protecting the lives and preserving the can do—to better ensure that every rare that a Member of this esteemed health of their miners. They want to coal miner who goes to work is able to body, the House of Representatives, see those bad actors, those companies return safely to their families at the ever says anything positive about Sen- that have tarnished the reputation of end of their shifts. Congress has an ob- ators, but I’d like to make an excep- an important industry, reined in. They ligation to make sure that that is the tion today. do not accept a world in which they case. Led by their head coach, Mark must compete against companies that It is long overdue to honor our prom- Mitchell, the Senators defeated Cleve- would sacrifice the health and lives of ises to the families of the 29 miners land Central Catholic High School to their own employees for competitive who perished a year ago for doing the win the first State championship in advantage and blatant profit. job that our Nation relies on to provide school history. The Senators went into There are plenty of Members of Con- its energy, and it is also long overdue the tournament ranked number 1 by gress on both sides of the aisle who rec- to give the rest of our Nation’s miners the Associated Press. They not only ognize that legislation is necessary. modern health and safety protections. made school history by winning their Congressman MILLER, Congresswoman f first State championship, but they also LYNN WOOLSEY and I, along with many set a Division 3 boys basketball record others, will continue fighting for re- CONGRATULATIONS TO THE for the most points scored in a cham- forms to give the agencies the tools LASALLE LANCERS AND THE pionship game. Finishing the season at they need to target the bad actors. We TAFT SENATORS 26 and 1 is quite a feat. It is an honor want to ensure that sound companies The SPEAKER pro tempore. The to have them represent our district, that have good records can continue to Chair recognizes the gentleman from and I congratulate them on their suc- perform and produce, but we just as Ohio (Mr. CHABOT) for 5 minutes. cess. surely want to ensure that the worst Mr. CHABOT. Mr. Speaker, boxing I would be remiss if I didn’t also com- operators can be reined in and that legend Muhammad Ali once said, mend former Cincinnati Bengal star lives can be saved. We can strike a bal- ‘‘Champions aren’t made in gyms. Mike Martin for the tremendous effort ance, and we will. Champions are made from something that he has made in turning around the Changes and improvements may they have deep inside them—a desire, a Taft High School football program, come slowly, but they will come. As dream, a vision.’’ mentoring his players to be successful long as coal miners and these brave, I would like to recognize two high in life as well as on the football field. courageous families continue to de- school basketball teams from my dis- Let me conclude by once again con- mand that the loss of their loved ones trict which proved that they are, in- gratulating the players, the coaches, not be in vain, they will come. deed, champions. They had the desire the students, the faculty, and the fans The April 5 disaster of 1 year ago was to make every practice count and to of Cincinnati’s LaSalle Lancers and a tragedy that never, ever should have play every game as if it were their last. Taft Senators for the inspirational sea- occurred. We must provide account- They shared a dream that was strong sons you’ve just completed. You’ve ability, and we have a duty to institute enough to overcome the many distrac- made all of us very proud. Your accom- changes that will help prevent a repeat tions all high school kids face, and plishments will be long remembered. of that awful day. Those 29 coal miners their coaches gave them the vision Go Lancers! And go Senators! should not have perished, and for them that all their hard work and sacrifice f and all those miners on the job today, would pay off in the end. we must keep speaking out. The schools? The LaSalle Lancers 1-YEAR ANNIVERSARY OF UPPER Tonight, I will be at the 1-year anni- and the Taft Senators. BIG BRANCH MINE TRAGEDY versary with the families of all of these First, congratulations to the LaSalle The SPEAKER pro tempore. The perished coal miners. I will look in the Lancers on winning the 2011 Ohio Divi- Chair recognizes the gentleman from eyes of their loved ones once again as I sion I Basketball State Championship. West Virginia (Mr. RAHALL) for 5 min- did that painful week following their LaSalle is a boys’ Catholic high school utes. tragedy 24 hours, 7 days a week. We in my district that is particularly spe- Mr. RAHALL. Mr. Speaker, it has will join and we will commemorate cial to me since it’s my alma mater. been 1 year since the fatal explosion at these good men and the people who Regardless of my personal attachments Upper Big Branch Mine, 365 days since came together to try to rescue them— to the school, I’d like to recognize we lost 29 courageous coal miners—fa- to them we say thank you—and to pro- them on a job well-done and a season thers and sons, brothers and friends. vide comfort and a final closure to well-played. They represented them- We vowed then that some good would these families, which we have yet to selves and our community with an out- come from this terrible tragedy. We do. standing display of athleticism, sports- can say that criminal investigations These families want accountability, manship and class throughout the sea- are almost complete, enforcement has they want the truth, and they want to son—but especially in the playoffs. toughened, the Congress has increased ensure that no other families ever have The players and coaches stuck to- funding to target pattern violators, to suffer the way they have. Chairman gether in the face of adversity, espe- and yet coal miners are still dying in MILLER, LYNN WOOLSEY and I remain cially when their head coach, Dan our coal fields. committed to their cause. I urge my Fleming, suffered a heart attack, It’s easy to doubt. It’s easy to ques- colleagues to join us in this life-saving, which placed sports and the tour- tion whether things can be made bet- important endeavor.

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 5, 2011 CONGRESSIONAL RECORD — HOUSE H2297 IT’S TIME TO BRING OUR TROOPS trict. I talk to the Marines, who are as eloquent, a more charming way as we HOME brave as brave can be, that have been found ourselves with this new exciting The SPEAKER pro tempore. The there three, four and five times. I’ve candidate who later became a Member Chair recognizes the gentleman from talked to the families as they’re break- and became a part of the leadership of North Carolina (Mr. JONES) for 5 min- ing up, the families when their loved the New York delegation. And once Tip utes. one has committed suicide upon re- O’Neill saw her, she became a part of Mr. JONES. Mr. Speaker, last Tues- turning from Afghanistan. It’s time to the congressional Democratic delega- day, Congresswoman SUE MYRICK and I bring them home. How many more will tion and just went on. Wherever she went to visit the wounded at Walter be like this sergeant, without legs, went, she excelled with her smile, with Reed. These trips are always a vivid re- without arms? her brains and contributed so much in minder of the true cost of war. Seeing Mr. Speaker, last week on Tuesday, raising the standards of Members of the men and women who have lost SUE MYRICK and I saw two young men, Congress and those who would run for limbs for this country make we wonder one from Florida and one from Nevada, national office. how many more are going to be in that that have no body parts below their hospital, both at Walter Reed and Be- waist. The body parts are gone. Every- I worked pretty closely with Senator thesda, with severe wounds. thing is gone. Wake up, Congress, and Fritz Mondale when he ran for Presi- After hearing Secretary Gates, and I let’s bring our troops home from Af- dent of the United States. And while he have great respect for Secretary Gates, ghanistan. was looking for a Vice Presidential but he has made it clear that we will be My close is this, Mr. Speaker: I ask candidate, I was so pleased, much sur- in Afghanistan until 2014. He said it God to please bless our men and women prised that Tip O’Neill said that he will be 2014 or 2015 before we can start in uniform. I ask God to please bless thought that within our delegation the substantially bringing down the num- the families of our men and women in answer to Fritz Mondale’s problem ber of troops in that country. Here we uniform. I ask God, in His loving arms, would be the nomination of Geraldine are in Washington battling right now to hold the families who have given a Ferraro. I was surprised but so excited about the 2011 budget, what should we child dying for freedom in Afghanistan that I could serve on the Mondale team do or not do and cut this and cut that, and Iraq. Mr. Speaker, I ask God to and to be able to say not only do we yet we seem to find $8 billion a month bless the House and Senate, that we have a New Yorker, but we have an ex- for a corrupt leader in Afghanistan will do what is right in God’s eyes. I citing candidate that could provide named Karzai. He’s corrupt and his will ask God to give wisdom, strength, government is corrupt. Yet we’re say- that shot in the arm that the Mondale and courage to President Obama that campaign so badly needed. ing to the American people, if you’re a he will do what is right in the eyes of senior, we can’t be sure that you can God. And I will ask three times: God And I felt so much like an American get a sandwich at the senior citizen please, God please, God please continue when we found out that her back- center in your county. We’re saying to to bless America. ground was one of near poverty. Her the children that cannot afford milk at dad had come here from Italy. She just f home, there will be no programs for made the Italian American community you. But yet we can find $8 billion a IN MEMORY OF FORMER MEMBER just so proud. She made women from month for a corrupt leader in a country GERALDINE FERRARO all over the country proud. She made in a war that we cannot win. The SPEAKER pro tempore. The New Yorkers proud. And certainly Our troops have already won, but his- Chair recognizes the gentleman from while she did not succeed in becoming tory says you will not change Afghani- New York (Mr. RANGEL) for 5 minutes. a Vice President, as Mondale did not stan—and I won’t go through the his- Mr. RANGEL. My colleagues, I rise get the numbers that he needed, she be- tory because of time. One day Karzai to pay tribute to one of the great came a national figure, a compas- likes American troops being over there Americans that we have ever had in sionate figure serving in the United and the next day he doesn’t like Amer- this body, Congresswoman Geraldine Nations, serving on television in terms ican troops being there. In fact, in De- Ferraro. Most of the people remember of the expression of views of the Demo- cember 2010 in the Washington Post, her as an exciting Vice Presidential cratic Party, raising funds for can- and I will paraphrase this, Karzai said candidate, but those of us in the New to General Petraeus: didates. I have three main enemies—the York delegation remember her as just Then when she was stricken with this a great personality, a great legislator, Taliban, the Americans, and the inter- terrible disease that she died from, you and a great American. national community. If I had to choose would only hear her talking about her We in the New York delegation have a friend today—and again, this is the husband, John, her beautiful children, been fighting for time in which we President of Afghanistan—I would and how she can help to make it a bet- could express ourselves, but the legisla- choose the Taliban. ter, more effective Democratic Party They’re the ones killing Americans tive calendar has not been very kind to us. So this morning we have two of her as well as what contributions can she and blowing their legs off and their make to this great country. arms off. How much longer does this dear friends in Congresswoman MCCAR- have to go on? THY and Congresswoman MALONEY, and So we in the New York delegation I say to my colleagues in both par- I suspect that every time a New York feel extremely proud that she was a ties, join Representative KUCINICH, RON Member gets an opportunity, we will part of us. She had her own personal PAUL and myself—and many others— grab that time so that no one will ever family that she loved, her own church, let’s bring our troops home. say that she did not leave footprints her own community. She had the re- I have a photograph here, Mr. Speak- here that all of us were just so proud. spect and support of all Americans and er, that was in the Raleigh, North b 1020 the deep-seeded feelings Italian Ameri- Carolina, paper about a year ago. This cans have. She was so well respected in is a young Army sergeant. His legs are She succeeded Jim Delaney, who was Democratic circles and congressional gone. They’ve been blown off. His right known to be a very conservative Demo- circles. arm has been blown off and he has a crat from Long Island. And we all But most of all, we remember what a left arm. He is what they call a triple awaited to see just who was going to amputee. His lovely wife is there push- succeed Jim. And to see this beautiful, gentle lady she was. We have an expres- ing the wheelchair. intellectual former teacher, former as- sion in this House of Representatives, Mr. Speaker, it’s time for the Amer- sistant district attorney to come here, ‘‘the gentleman from Wisconsin,’’ ‘‘the ican people to say to those of us in we all waited with breath held back to gentlewoman from New York.’’ But Congress, do not keep our troops there see just what type of woman she would anyone who had known Gerry, as we so until 2014, 2015, 2016 for a corrupt lead- be. affectionately called her, would know er. It’s time to bring our troops home. And even though she held closely that she was indeed a strong leader but I have the fortune of representing those conservative views, it has never a gentle leader from Long Island and Camp Lejeune Marine Base in my dis- been presented to this body in a more from New York.

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2298 CONGRESSIONAL RECORD — HOUSE April 5, 2011 PILL MILLS MUST GO was a champion and a heroine. For me, of gender equality that Geraldine Fer- The SPEAKER pro tempore. The personally, she was a dear, dear friend raro so courageously stood for in her Chair recognizes the gentleman from and a mentor. life. Geraldine, we will miss you, we Florida (Mr. BUCHANAN) for 5 minutes. What seemed to non-New Yorkers as honor you, and we thank you for your Mr. BUCHANAN. Mr. Speaker, in my a feisty and fast-talking woman many, many contributions to Amer- home State of Florida, seven people die seemed to us as just another mom from ican life. a day, each day, of prescription drug Queens. She inspired us with her per- abuse. We had three teenagers a couple sonal story. f of weeks ago die in 1 week. A gen- The daughter of Italian immigrants, MEMORIAL FOR GERALDINE tleman, a friend of mine, buried his raised by her seamstress mother after FERRARO her father died at 8, she became a pub- daughter on a Saturday. I talked to The SPEAKER pro tempore. The him on Monday, and he pleaded with lic school teacher, a lawyer—one of just two women in her law class—and a Chair recognizes the gentlewoman from me to do something about killing these New York (Mrs. MCCARTHY) for 5 min- pill mills all across our State. Member and leader of Congress, elected in 1978. She also, after her historic run, utes. Florida prescribes 10 times more Mrs. MCCARTHY of New York. Mr. became a commentator on television, a oxycodone pills than all other States Speaker, I also am part of the New delegate to the United Nations. She combined. To put it simply, we have York delegation, and I want to talk headed the World Conference in Beijing more pain clinics than McDonald’s res- about Geraldine Ferraro. My good col- in 1995, and I was proud to be part of taurants. league, CAROLYN MALONEY, basically her delegation at the World Conference It’s time to put these pill mills out of laid out her life and all the good things on Women. business. We have 1,300 pill mills in that she did. I guess I want to talk Last August, on her 75th birthday, we Florida. We need to shut them down about what she meant to so many of us renamed the Post Office in Long Island now. Four thousand deaths in Florida that weren’t even in politics back then. in 2008. City in her honor. It used to be in her I think the first time that I ever saw I’ve introduced legislation to crack district; it is now in mine. And I was Geraldine or heard of Geraldine was down on pill mills. My bill will stiffen honored to be able to author the legis- when she was announcing that she was penalties and fines and use the seized lation and work with my New York going to be running for Vice President. assets to fund prescription drug data- colleagues and others to pass it. And So all these things from last week, bases. Forty-two States have data- she was so thrilled at that naming to when we were notified that Geraldine bases. Florida does not. We need a see so many of her friends, not only had passed away, many of us wanted to database today. from New York and her district but go back to New York for the funeral. The time to act is now. I urge my across the country, come in one place Unfortunately, our business here kept colleagues from both sides of the aisle to honor her. us here so we couldn’t go back. We’re to join me in this fight, to put these Later that day, which happened to kind of used to that. pill mills out of business and stop these also be Women’s Equality Day, she A lot of times it is said you can spend needless deaths. rang the bell at the New York Stock a lifetime here in Congress, but 2 min- Exchange in honor of the progress for utes after you die they will say, ‘‘Who f women. was that?’’ But that’s not Geraldine. HONORING GERALDINE FERRARO I know that a post office is only the Geraldine was someone that was a start of the memorials to this wonder- force. Again I say in 1984, like most The SPEAKER pro tempore. The ful, charming, talented trailblazer who Americans, I took notice of Geraldine Chair recognizes the gentlewoman from continued blazing trails her entire life. Ferraro when she did accept the Demo- New York (Mrs. MALONEY) for 5 min- I met with her shortly before she died, cratic nomination for Vice President at utes. and she had a list of constituents she the national convention in San Fran- Mrs. MALONEY. Mr. Speaker, I rise wanted helped and causes she wanted cisco. with the New York delegation to honor completed. She struck me as a unique figure on the memory and many contributions of We do stand on her shoulders and TV, a woman in a male-dominated pro- one of our favorite daughters, Geral- women like her who came before us. fession. She had a smile. She had con- dine Ferraro. Last Thursday, New I will never forget, as an eager, fidence. When she got onto that stage, Yorkers poured out in great numbers young delegate to the 1984 Democratic you just knew this radiance that came to honor her at her funeral. Her three National Convention, and I can tell you out of her. For myself, I was not in pol- children—Donna, Laura, and John, firsthand that Geraldine Ferraro itics, didn’t follow politics too well, Jr.—spoke eloquently and movingly in thrilled us when she took the stage as but she certainly gave a strong impres- support and love of their late mother. the first woman ever nominated by a sion to me. And at the funeral and speaking in a major political party to be its can- Her message was also full of hope. I eulogy beautifully for her, Vice Presi- didate for Vice President of the United happen to believe that, especially when dent Mondale, Secretary of State Mad- States. we say to people, ‘‘If we can do this, we eleine Albright, Secretary of State Hil- can do anything.’’ I am one of those 1030 lary Rodham Clinton, Congresswoman b people that believe that. I am here in JANE HARMAN, Senator MIKULSKI, and It was absolutely electrifying. She Congress. Everybody said I couldn’t do former President Clinton. changed my life, and she changed the that. Somehow I got here. Somehow I It would have thrilled her to see four lives of women everywhere. She have stayed here. Somehow I keep women precede a President in eulo- changed the aspirations of women and fighting for my constituents back at gizing and speaking about her, two of how they view themselves. home. whom were Secretaries of State, be- I will never forget being on the floor. She inspired women to get involved. cause it was her life that helped inspire Many of the men gave their delegate She inspired them to get involved in and move women forward in our na- card to the women delegates who were politics, whether at the staff level or as tional life, not only in politics but in part-time delegates. So the floor was a candidate. And while I understood every area—business, finance. All areas filled with women. People were hand- the importance of the event, I had no of American life, Geraldine Ferraro in- ing out cigars saying, ‘‘It’s a woman.’’ idea that I would be standing here spired with her life and her historic run And when she went to the floor, there praising this woman that I first saw on for Vice President of the United States. was literally applause for over 10 min- TV. As I said, I had no political ambi- With her passing, America lost a utes. tions. I was a nurse, just several miles leader who was as wise as she was I shall miss her dearly and shall away from the city where Geraldine warm; a trailblazer who broke down honor her passing by redoubling my ef- was. Like most Americans, I did vote barriers for women. For women every- forts to complete her unfinished work and I followed the news, but I never where, not just in the United States to pass the ERA. It is time to enshrine thought I would get involved in poli- but across the world, Geraldine Ferraro in our Constitution the high principle tics.

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 5, 2011 CONGRESSIONAL RECORD — HOUSE H2299 Fast forward 12 years, it’s mid 1996, mine accident in 40 years. But perhaps cation and Labor Committee last year, and I’m still a nurse in Nassau County ‘‘accident’’ is the wrong word to char- said ‘‘The life’s been sucked right out and still not thinking about politics acterize what happened in Montcoal, of me’’ because he lost his only child in whatsoever. Something happened to West Virginia, last year April 5. This the explosion. Another man says of the my life, as it does to so many other wasn’t a hurricane, it wasn’t a tsunami death of his twin brother, ‘‘It’s like lives. An event happens, and all of a or some other act of nature. part of me is gone.’’ One woman lost sudden you change and become an ac- Although the Mine Safety and Health her fiance, whom she met when they tivist. Gun violence was unfortunately Agency, MSHA, has yet to complete worked side-by-side in the mine. And I the issue that hit my family and many their investigation, it is absolutely cannot imagine the ordeal of Timothy families on the Long Island Railroad. clear from the preliminary reports that Blake, who survived the blast and tried My husband was killed. My son was se- this tragedy was avoidable but for neg- in vain to save eight coworkers. riously wounded. I decided that I was ligence and carelessness on the part of But on this one 1-year anniversary, going to do something about it. Geral- Massey Energy. Mr. Speaker, let’s do more than look dine Ferraro, the person that I saw on When Chairman MILLER and I trav- back. Let’s do more than remember TV, called me. She said, ‘‘Carolyn, you eled to West Virginia with Congress- and be sad. Let’s use this tragedy as a should really think about running for man RAHALL, miners told us that call to action. In honor of the 29 fallen Congress.’’ There were other people Massey routinely cut corners on safety. miners, let’s give their coworkers the calling me, too. And I’m thinking, ‘‘I’m And yet the miners were afraid—they safety and protection they deserve. a nurse. What do I know about poli- told us this too—to come forward for f tics?’’ fear of losing their jobs. That’s why we CUTS TO THE BUDGET But you know what? If I was going to need stronger Federal whistleblower try and do something, then I had to protections, Mr. Speaker. MSHA in- The SPEAKER pro tempore. The run. Everybody told me I was going to spectors can’t be everywhere all the Chair recognizes the gentleman from lose. Maybe I would have. But I didn’t. time. So we need to rely on the people Oregon (Mr. DEFAZIO) for 5 minutes. I won. But Geraldine was always there who know best. We need to rely on the Mr. DEFAZIO. A lot of talk around to give advice. Just because you’re a workers, those that can report safety here about millions, billions, and tril- woman doesn’t mean you can’t be violations, because they are living with lions, but let’s just try to put a face on tough. Just because you’re a woman, them. We must ensure that these work- some of the cuts the Republicans put in you can be tough and you can be ers have job protection when they H.R. 1. gentle, and you have to use that to get come forward. I think one of the meanest of their legislation done. The questions we need to be asking cuts and the stupidest of their cuts is Well, here I am in Congress, and I am ourselves are what can we be doing to to eliminate a program called proud to be following in the footsteps make sure this does not happen again YouthBuild. Now, I’m sure most of of Geraldine Ferraro. I wouldn’t use to them? What can we do to ensure them don’t know what it is. They have the words, the kind words that people that our Nation’s coal miners, some of never met with the kids who come use for her on myself like ‘‘pioneer’’ or the hardest working and courageous back here every year. ‘‘trailblazer.’’ I actually followed Ger- people you will ever meet, aren’t de- This is a program that started in 1992 aldine and her advice to come to Wash- scending into a potential death trap under George H.W. Bush. It’s a program ington and try to make a difference. every time they clock in? that takes kids who have generally Like so many women in New York But the silence from the United dropped out of high school, had prob- politics today, Geraldine helped me as States Congress has been positively lems with drugs, alcohol, other things, I went through from private citizen to deafening. It is incomprehensible to me but at some point decide they want to candidate to public official. She opened that we still haven’t passed the Robert get straight and they want to do some- so many doors for me, introducing me C. Byrd Miner Safety and Health Act. thing better with their lives. to people that I needed to meet. She How many miners have to die before we So this program takes kids between was well known for this, for spending take action? 16 and 24, helps them get their GED, gets them some counseling, gets them as much energy helping lift up others b 1040 and having another woman follow. involved in peer groups. They learn We will all remember you, Geraldine. Worker safety, not just in mines, but leadership skills, teaches them how to I will always remember you. God bless in workplaces above ground and across build houses and the houses they build you. We do remember you. Thank you. the Nation, is under siege thanks to ir- are for low-income Americans. Again I thank my colleagues, CHARLIE and responsible cuts in the Republican con- In the long term we have found in- CAROLYN and PETER, for arranging this mo- tinuing resolution. Fully half of credible results with this program. ment we could pay tribute to Geraldine. OSHA’s staff would be furloughed if Last year—and these are almost 100 With only 17 percent of members of Con- H.R. 1 becomes law. percent high school dropouts with gress being women, we still have a long way A weak economy like this one that problems—78 percent of the kids com- to go when it comes to equality in representa- we are living in right now also further pleted the program. That’s pretty ex- tion. undermines worker safety, because as traordinary. Now, after, when they But certainly we couldn’t be where we are workers who want to report violations leave the program, the longevity of the today if it weren’t for Geraldine. know, there are dozens who would take effect of this program, 7 years after I for one am looking forward to making a liv- their jobs in spite of unsafe conditions completing the program, 75 percent of ing tribute to Geraldine, to take her philosophy just to have work. the YouthBuild kids, kids who had of helping others, of lifting people up the lad- Mr. Speaker, last Congress I was problems with drugs, alcohol, home- der behind you, as I continue my career here. chair and now this Congress I am the lessness, dropped out of high school, Thank you very much. ranking minority member of the Work- everything else, are either in college or f force Protection Subcommittee, and in employed in jobs earning more than $10 that role I am absolutely committed, an hour. 1-YEAR ANNIVERSARY OF UPPER along with Congressman GEORGE MIL- That’s a pretty darn good invest- BIG BRANCH MINE DISASTER LER and NICKY RAHALL, to bringing ment. And what does this cost, and The SPEAKER pro tempore. The OSHA and MSHA into the 21st century, why would the Republicans zero it out? Chair recognizes the gentlewoman from strengthening regulations to protect Well, it cost $102 million last year for California (Ms. WOOLSEY) for 5 min- people from injury, sickness, and pos- 20,000 students. utes. sible death on the job. Now, we could, I guess, instead leave Ms. WOOLSEY. Mr. Speaker, it was Needless to say, the Upper Big them in the street without their high exactly 1 year ago today that an explo- Branch explosion has devastated a school degree, hopeless, maybe they sion ripped through Upper Big Branch tight-knit community with so many would get back on drugs, maybe they Mine in Montcoal, West Virginia, kill- families still coping with grief. Gary will get in trouble, maybe we will them ing 29 workers. It was the deadliest Quarles, who testified before the Edu- in jail, and then we will spend $30,000 a

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2300 CONGRESSIONAL RECORD — HOUSE April 5, 2011 year to support them in prison. Twenty HONORING GERALDINE FERRARO wisdom, the courage and determination thousand bucks for 1 year to get these The SPEAKER pro tempore. The to provide for the physical, as well as kids straight and have them become Chair recognizes the gentlewoman from the spiritual, well-being of the citizens productive members of our society ze- New York (Ms. VELA´ ZQUEZ) for 5 min- of this great country. roed out by Republicans. utes. May this body which hosts rigorous Now, it is a lot of money. That’s al- Ms. VELA´ ZQUEZ. Mr. Speaker, I rise and robust debate continue to embrace most 1 hour of spending for the Pen- to recognize a great American and one diversity without resulting in divisive- tagon across the river, almost 1 hour. of the great political trailblazers in ness. May it seek and celebrate unity And there’s no waste at the Pentagon, American history, Geraldine Ferraro. without imposing uniformity. May this though. We are not allowed to look at Many of us speaking today, myself in- House of Representatives, together the Pentagon for waste. It’s almost 2 cluded, would likely not have achieved with Houses of Worship across the days—that’s a lot—of agriculture sub- our successes without her paving the land, promote justice, moral clarity, sidies, paying people not to grow way ahead of us. ethical living, righteousness, and acts things. Of course, her contributions did not of kindness. So 2 days of paying people not to benefit just those of us in the political As a grandchild of immigrants who grow things or a year’s funding for a sphere. Her life was an important sym- fled the Nazis and came to this country program that takes kids who have been bol to girls and women who aspire to 72 years ago this month to find refuge, in trouble but want to do better, want succeed in any field, particularly those freedom, and opportunity, I join this to learn some skills, want to be produc- who have struggled to break into pro- House in a prayer of profound gratitude tive members of society and helps them fessions traditionally dominated by and deep appreciation for the blessings get a leg up. But, no, in the Republican men. we, the people of the United States of world, that’s wasteful spending. They The 1984 Presidential campaign is re- America, are privileged to enjoy. have zeroed out this program. membered by many as a landslide for Master of the Universe, protect our courageous Armed Forces, watch over I met with eight of these kids last President Ronald Reagan. He was, in our elected leaders, grant peace and week. I meet with them every year fact, a very popular President. But prosperity to these United States and when they come back—I urge my Re- many of us who aspired to enter poli- the entire world, and let us respond, publican colleagues, for once. I asked if tics were electrified to see the first fe- Amen. they had seen their Republican mem- male on a Presidential ticket. ber of my delegation. They said no. Of course, Gerry was more than just f the first woman on a Presidential tick- They met with a staff person, maybe THE JOURNAL an intern. Republicans can’t seem to be et. Those of us from the New York del- bothered. egation remember her service to The SPEAKER pro tempore. The Chair has examined the Journal of the But they should listen to these kids, Queens and, really, to all five bor- last day’s proceedings and announces there’s a lot of wisdom there and, I oughs. Before coming to the House, her to the House his approval thereof. think, future leaders there. They have life had already been dedicated to the Pursuant to clause 1, rule I, the Jour- gotten their lives straight and they service of others in the district attor- nal stands approved. have gone through some hard times, ney’s office and as an educator for our Mr. RUNYAN. Mr. Speaker, pursuant and we gave them a little help, yes, 1 city’s youth. to clause 1, rule I, I demand a vote on year. They get $500 a month while they Perhaps most of all, she will be fond- agreeing to the Speaker’s approval of are in the program, while they are ly remembered for her wit, kindness, the Journal. building houses for low-income people, and grace. Yet, despite her gentleness, The SPEAKER pro tempore. The learning skills. And as taxpayers in the she was not one to shirk from speaking question is on the Speaker’s approval future, they will pay that back pretty her mind. of the Journal. darn quickly. Mr. Speaker, women everywhere have lost an inspiration. New York has lost The question was taken; and the Now I wonder why they eliminated a public servant, and all of us have lost Speaker pro tempore announced that this program. First of all, I am sure a great American. the ayes appeared to have it. they don’t know what it is. They have Her legacy will be remembered, and I Mr. RUNYAN. Mr. Speaker, I object never met with the kids, they don’t am proud to be on the House floor re- to the vote on the ground that a care. These aren’t people who go to the membering her many contributions. quorum is not present and make the country club after all. But, secondly, point of order that a quorum is not f probably because it’s housed in the De- present. partment of Labor, and we hate any- RECESS The SPEAKER pro tempore. Pursu- thing on the Republican side of the ant to clause 8 of rule XX, further pro- aisle that has the word ‘‘labor’’ in it. The SPEAKER pro tempore. Pursu- ant to clause 12(a) of rule I, the Chair ceedings on this question will be post- God forbid that America should do declares the House in recess until noon poned. things for working people in this coun- today. The point of no quorum is considered try or working people should be al- Accordingly (at 10 o’clock and 50 withdrawn. lowed the right to organize and have a minutes a.m.), the House stood in re- f better life. Well, this is a program that cess until noon. should be continued. It should, in fact, PLEDGE OF ALLEGIANCE be enhanced. They had 19,000 kids who f The SPEAKER pro tempore. Will the couldn’t get in the program last year, b 1200 gentleman from Florida (Mr. DEUTCH) on the waiting list, 19,000. come forward and lead the House in the We should double the size of this pro- AFTER RECESS Pledge of Allegiance. gram, maybe triple it. That would be a The recess having expired, the House Mr. DEUTCH led the Pledge of Alle- huge amount of money. That would be was called to order by the Speaker pro giance as follows: 3 hours of spending at the Pentagon, or tempore (Mr. CHAFFETZ) at noon. I pledge allegiance to the Flag of the almost a week of subsidies, paying cor- f United States of America, and to the Repub- porations not to grow things on surplus lic for which it stands, one nation under God, lands. PRAYER indivisible, with liberty and justice for all. Boy, I guess we can’t afford that, can Rabbi Efrem Goldberg, Boca Raton f we? But we can’t cut the subsidies, and Synagogue, Boca Raton, Florida, of- we can’t look for waste at the Pen- WELCOMING RABBI EFREM fered the following prayer: GOLDBERG tagon, but we can stick it to these Our Father in Heaven, guard the kids. Members of our esteemed House of Rep- The SPEAKER pro tempore. Without Good work, Republicans. resentatives. Instill within them the objection, the gentleman from Florida

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 5, 2011 CONGRESSIONAL RECORD — HOUSE H2301 (Mr. DEUTCH) is recognized for 1 Mr. BROUN of Georgia. Mr. Speaker, The American people have a right to minute. I rise today to again condemn my know how we got here. For the first There was no objection. Democratic colleagues’ attempts to time since 1974, last year when the Mr. DEUTCH. Mr. Speaker, I am hon- shut down the Federal Government. Democrats ran the House, the Senate, ored to welcome Rabbi Efrem Goldberg Even with total control of spending, and the White House, the Democrat to our Nation’s Capitol and thank him Democrats failed to pass a budget last majorities failed to do their jobs, failed for delivering such an insightful open- year. In the meantime, we have been to pass a budget, failed to pass impor- ing invocation. operating on short-term spending bills tant spending bills. Rabbi Goldberg’s presence here today only so that they can use their ace in To create a better and stronger is especially significant to me, for I the hole now, the government shut- America, we need to cut spending, bal- regularly study under his guidance. down card. This has been their game ance the budget, pay down the debt, Since entering public life, I have be- plan all along, to attempt to divide the and slash the deficit. The American come all the more grateful to have him Republican Party, back us into a cor- people want, need, and deserve better as a spiritual mentor. His insights help ner, and to shut down the government than trying to run a government deep me serve my constituents and work to for their own political purposes. into debt. A sign in my office sums it better our world in a way that honors Mr. Speaker, our Democratic coun- up well. It says, ‘‘It’s the spending, stu- our Jewish tradition. terparts are gambling with the future pid.’’ As Senior Rabbi of Boca Raton Syna- of this Nation, and it’s a bet I’m not gogue, Rabbi Goldberg leads a wonder- willing to take. I implore my col- f ful congregation of over 700 families leagues to pass a long-term bill that b 1210 and 1,200 children. This February, after protects seniors, protects veterans, and ON THE REPUBLICAN BUDGET an extraordinary first 5 years as Senior funds our troops so we can move on to Rabbi, it was announced that he will next year’s budget and work to get it (Mr. LUJA´ N asked and was given per- continue to lead the congregation for right this time. mission to address the House for 1 the next decade. f minute and to revise and extend his re- His energy, vision, and wisdom touch marks.) everyone he meets, just as it did for us DEFENDING OUR SENIORS Mr. LUJA´ N. Mr. Speaker, our Nation here this morning when he provided us (Mr. SIRES asked and was given per- faces serious economic challenges that with his compelling and thoughtful in- mission to address the House for 1 require solutions that will create jobs vocation. minute.) and strengthen our economy. At a time f Mr. SIRES. Mr. Speaker, the major- when our top priorities should be cre- ity’s proposed budget for fiscal year ating jobs for the American people, our ANNOUNCEMENT BY THE SPEAKER 2012 undermines our Nation’s values Republican colleagues have lost focus PRO TEMPORE and priorities, attacking our middle on working families. The SPEAKER pro tempore. The class and in particular our Nation’s The House budget that Republicans Chair will entertain up to 15 further re- seniors. Today’s seniors have a median introduced this morning fails to put quests for 1-minute speeches on each income of only $19,000 a year. Both the our country on a path to prosperity. side of the aisle. Medicare and Medicaid program en- Budgets are about priorities and val- f ables seniors to have health care cov- ues, and the Republican budget makes erage they would not otherwise be able wrong choices for hardworking fami- HONORING SHERIFF’S OFFICER to afford. The proposed budget will end DANIEL CHARLES MURPHY lies. the Medicare program as we know it Let’s talk the Republican dictionary: (Mr. RUNYAN asked and was given under the disguise of reform, threat- Premium support system. When they permission to address the House for 1 ening to turn it into a voucher pro- talk about a premium support system, minute.) gram that will shift more and more they mean vouchers and privatization. Mr. RUNYAN. Mr. Speaker, I rise costs to seniors and their families. Pro-growth changes to the Tax Code. today in honor of Sheriff’s Officer Dan- The majority’s budget also attacks When they talk about pro-growth iel Charles Murphy, a fine public serv- seniors from another angle, by pro- changes, in fact, when they talk about ant, who passed away on Saturday, posing deep cuts in Medicaid, which anything that’s going to change the April 24, 2010. serves as our Nation’s primary payer Tax Code, they mean more cuts for A lifelong resident of Toms River, for long-term care services. Medicaid millionaires and billionaires. New Jersey, Charles graduated from will be starved by shifting the costs of The Republican plan ends Medicare Toms River East High School in 2002, the programs from the Federal Govern- and Medicaid as we know it. By and went on to attend Montclair State ment to the States, which in turn privatizing Medicare, millions of sen- University. After graduating in 2006, could force seniors out of their own iors who rely on this program will be Charles began his career in public serv- homes and communities into nursing left out in the cold. ice at the Juvenile Justice Commission homes. for the State of New Jersey. He was Before Medicaid and Medicare, nearly While it’s critical that we tighten then named a dedicated sheriff’s officer one-half of America’s seniors were un- our belts, we have choices to make. for the Ocean County Sheriff’s Depart- insured. Mr. Speaker, we cannot go Let’s choose not to do it on the backs ment and held this position for 3 years. back to the days of the past. We must of our seniors. Charles’ commitment to justice was be committed to strengthening Medi- f honored by the Veterans of Foreign care and Medicaid for the well-being of HONORING CHATTANOOGA POLICE Wars Post 9503 on Sunday, March 20, our seniors and future generations. OFFICERS TIM CHAPIN AND 2011, where he was named the Sheriff’s f LORIN JOHNSTON Officer of the Year at the VFW Citizen- GOVERNMENT SPENDING ship Awards Ceremony. (Mr. FLEISCHMANN asked and was Mr. Speaker, please join me in hon- (Mr. SAM JOHNSON of Texas asked given permission to address the House oring Sheriff’s Officer Daniel Charles and was given permission to address for 1 minute.) Murphy, who dedicated his life to pro- the House for 1 minute and to revise Mr. FLEISCHMANN. Mr. Speaker, tecting the residents of Ocean County, and extend his remarks.) today I rise to honor two members of New Jersey. Mr. SAM JOHNSON of Texas. Mr. the Chattanooga Police Department f Speaker, it’s been 45 days since the who were shot over the weekend, one of House passed our bill to keep the gov- them fatally, while responding to a DEMOCRATS’ ATTEMPT TO SHUT ernment open and cut spending for the robbery in progress. DOWN THE GOVERNMENT rest of this fiscal year. Forty-five days, Sergeant Tim Chapin was a 26-year (Mr. BROUN of Georgia asked and and Senate Democrats still have not veteran of the Department. He lost his was given permission to address the passed a bill or come up with a plan to life in the line of duty on Saturday House for 1 minute.) reduce spending. during a gun battle with an escaped

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2302 CONGRESSIONAL RECORD — HOUSE April 5, 2011 convict who had robbed a local store. regulation is Zarsky Lumber Company didn’t have to spend and should have Throughout my law career, I had the with its 135 employees. They survived never appropriated. chance to interact with Sergeant the Great Depression and this eco- I want to remind you that we are Chapin on many occasions. I found him nomic downturn, and they now face an- here today because Senator REID, the to be an outstanding officer and an other big threat—the EPA and its job- Democrats in the House, and the Presi- even better human being. killing rules. dent when they were in charge last Officer Lorin Johnston, who a few Another large business is considering year chose not to pass a budget. It was years ago donated a kidney to a fellow locating a new plant in China instead irresponsible of them then and it is ir- officer, was wounded during the gun of south Texas to avoid oppressive reg- responsible of them now to continue to battle as well. ulations. Our government has become do nothing. I ask everyone to join me in saying too big and Federal regulations too on- House Republicans spent 72 hours de- many prayers for Sergeant Chapin’s erous. bating spending bills. We held 107 votes family and his wife, Kelle, as she now In a recent meeting with a Federal on spending amendments. Senate has to raise two boys as a single moth- agency, I asked how long their permit- Democrats, 4 hours, four votes—4 hours er. ting process took. They told me be- and four votes in 45 days, Mr. Speaker. Today we remember officers Chapin tween 3 and 7 years. How do regulators I want you to think about that. It’s and Johnston and those who serve sleep at night knowing that every day unacceptable. alongside of them keeping our commu- they delay is a day someone doesn’t get Senator REID needs to get to work nity safe. They are our heroes. a job they need to support their fami- and pass a bill. The American people f lies? need it. American livelihoods are de- Our job is to help create jobs. And we pending on it. Senator REID just needs PROTECT AMERICANS FROM BIG create jobs by getting the government to wake up in the morning, put on his POLLUTERS out of the way. Cutting redtape is just big-boy britches, come to the Capitol, (Ms. SPEIER asked and was given as important as cutting spending to get pass the bill, and help us reduce this permission to address the House for 1 our financial house in order. big hairy deficit. minute and to revise and extend her re- f f marks.) Ms. SPEIER. Mr. Speaker, this week IN OPPOSITION TO THE RYAN MEDICARE BUDGET the House will consider a misguided (Ms. CASTOR of Florida asked and and dangerous bill to repeal the Clean (Ms. HIRONO asked and was given was given permission to address the Air Act standards that protect Ameri- permission to address the House for 1 House for 1 minute and to revise and cans from big polluters. minute.) extend her remarks.) Republicans are calling this bill the Ms. HIRONO. Mr. Speaker, today we Ms. CASTOR of Florida. Mr. Speaker, Energy Tax Prevention Act, except are beginning to get some of Budget I rise to express my concern over my there is nothing to do with preventing Chairman RYAN’s proposals for so- Republican colleagues’ cheering the taxes in the bill. Instead, this Dirty Air called ‘‘fixing’’ our economy. impending prospect of a government Act is a giveaway to any company who He doesn’t propose eliminating tax shutdown, as was reported in the press. wants to dump pollution into the air breaks for the hugely profitable oil and Then, this morning, we wake up to free of charge and is a big gimme to all gas industries. He doesn’t consider ask- find out that the Republican proposal the Members of Congress hoping to col- ing multimillionaires to pay a fairer to address the deficit and debt is not to lect their share of dirty campaign con- share. In fact, he wants to reduce the address major tax loopholes or tax ear- tributions. top corporate and individual tax rates marks, but it’s to undermine Medicare If my Republican colleagues want to so that middle class Americans can pay and to end Medicare as we know it. write a bill to overturn a decision by even more. Now, for decades and decades, we have the Supreme Court, turn science on its Instead, he is focused on cutting the had this wonderful Medicare program head, increase our dependence on for- safety net programs for our seniors and that ensured that our older neighbors eign oil, and put the interests of big those less fortunate. He plans to turn live their retirement in dignity. They polluters above taxpayers, they should Medicare into a voucher plan and to can see the doctor. If they have to go at least come up with a catchier title, dramatically restrict eligibility for to the hospital, it is there for them. like the ‘‘Make Smog in America Act’’ Medicaid. And a hospice benefit in their last or the ‘‘National Hot Air Distribution Last week, Majority Leader CANTOR days. This is all at risk now because Act.’’ clearly explained Republicans’ plans the new Republican plan announced If my Republican colleagues want to for Medicare, Medicaid and Social Se- this morning will end Medicare as we write a bill to guarantee that more curity when he said, ‘‘Listen, we’re know it by eliminating benefits. American children get sick with asth- going to have to come to grips with the We’re not going to stand for it. We’re ma, maybe they could call it the ‘‘Take fact that these programs cannot exist going to stand on the side of our older Your Child to the Emergency Room if we want America to be what we want neighbors to ensure that, yes, they can Act.’’ America to be.’’ live their retirement years in dignity Really, anything else would do. It is clear whose side Chairman RYAN and financial security. f and Majority Leader CANTOR are on. I stand with the Nation’s seniors and the f DEATH BY REGULATION working people who are counting on b 1220 (Mr. FARENTHOLD asked and was Medicare and Social Security when CONGRATULATING WHEELING given permission to address the House they retire. When will these heartless HIGH SCHOOL for 1 minute and to revise and extend attacks on the most vulnerable mem- his remarks.) bers of our communities stop? How (Mr. DOLD asked and was given per- Mr. FARENTHOLD. To balance our about a little aloha? mission to address the House for 1 budget, we have got to do more than f minute and to revise and extend his re- just cut spending. We’ve got to cut ex- marks.) cessive government regulation that GET TO WORK AND PASS A BILL Mr. DOLD. Mr. Speaker, today I rise keeps businesses from growing, expand- (Mr. AUSTIN SCOTT of Georgia to congratulate Wheeling High School ing and hiring more people. We have asked and was given permission to ad- students Preston Riley and Rajarshi got to get rid of the culture of ‘‘no’’ dress the House for 1 minute.) Roy, who were selected as finalists in that infects our regulatory agencies Mr. AUSTIN SCOTT of Georgia. Mr. Samsung’s national Solve for Tomor- like a cancer. Speaker, it’s been 45 days since House row contest. I’m particularly proud of A small business from south Texas Republicans passed a bill to cut $100 these students for their energy and cre- that knows firsthand the detrimental billion in Federal spending, spending ativity in using STEM education to impact of shortsighted and excessive that quite honestly the prior Congress tackle real-world challenges. Strong

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 5, 2011 CONGRESSIONAL RECORD — HOUSE H2303 STEM education is critical to ensuring at the expense of our taxpayers. For Do you want to talk about jobs in that all of our young people have the example, the chief executive officer of this country? Do you want to talk skills and knowledge that they need for Fannie Mae received $9.3 million in about a magnet for jobs in this coun- success in college and careers. compensation and salary for 2009 and try? The Fair Tax is the only bill in I would also like to recognize Wheel- 2010, while the chief executive of Congress that abolishes every single ing High School science teacher Lisa Freddie Mac received $7.8 million for corporate tax break, tax loophole and del Muro and principal Lazaro Lopez 2009 and 2010 together. tax preference. It abolishes the cor- for their commitment to STEM edu- But it was a failure of these same porate income tax rate and tells inter- cation, which focuses on the fields of types of company executives in the national businesses they can locate science, technology, engineering and past that forced government interven- here with the most powerful, hardest mathematics. tion in the first place by then over- working workers on this planet. I recently visited Wheeling High stating past earnings and generating Folks, H.R. 25, the Fair Tax, is a bet- School to get a firsthand look at their millions in improper bonuses. Now tax- ter way. As you fill out your tax forms STEM for All program, where students payers, who have already spent $153 bil- this year, think about how we could do of all backgrounds and academic lion to bail them out, which doesn’t in- it differently next time around. achievement are challenged in the clude legal fees that taxpayers have to f STEM subjects. This initiative incor- pay to keep them afloat, may require porates all disciplines, including the more bailout money to counter the PROVIDING FOR CONSIDERATION arts, languages and humanities along- companies’ mounting mortgage losses. OF H.J. RES. 37, DISAPPROVING side a focus on career certifications, Mr. Speaker, allowing this gross mis- FCC INTERNET AND BROADBAND college partnerships and technology to management of public funds to pay for REGULATIONS prepare students for post-secondary op- extravagant salaries is unconscionable. Mr. WOODALL. Mr. Speaker, by di- portunities. f rection of the Committee on Rules, I Congratulations again to the stu- call up House Resolution 200 and ask REPUBLICAN BUDGET PROPOSAL dents at Wheeling High School. They for its immediate consideration. demonstrate what can be accomplished (Ms. SCHAKOWSKY asked and was The Clerk read the resolution, as fol- when we make STEM education a pri- given permission to address the House lows: ority. for 1 minute.) H. RES. 200 f Ms. SCHAKOWSKY. Today, the Re- Resolved, That upon the adoption of this publicans released their budget. Budg- THE REPUBLICAN BUDGET resolution it shall be in order to consider in ets are really moral documents, and the House the joint resolution (H.J. Res. 37) (Ms. RICHARDSON asked and was Republicans have made clear that their disapproving the rule submitted by the Fed- given permission to address the House moral compass puts hedge fund man- eral Communications Commission with re- for 1 minute and to revise and extend agers and big corporations ahead of spect to regulating the Internet and her remarks.) America’s middle class and senior citi- broadband industry practices. All points of Ms. RICHARDSON. In 1935 when zens. Republicans gut education pro- order against consideration of the joint reso- lution are waived. The joint resolution shall President Franklin Delano Roosevelt grams and investments in job creation, be considered as read. All points of order signed the Social Security Act into law privatize Medicare, slash Medicaid, but against provisions in the joint resolution are and then again in 1965 when President leaving plenty of money to help sub- waived. The previous question shall be con- Lyndon Johnson made Medicare a re- sidize big oil companies and to give tax sidered as ordered on the joint resolution to ality, these were programs that our breaks to those companies that put our final passage without intervening motion ex- seniors depended upon. In fact, that jobs overseas. cept: (1) one hour of debate equally divided promise was backed by a lifetime of There is another way. I have a bill and controlled by the chair and ranking mi- hard work that they have backed on that would create new tax brackets for nority member of the Committee on Energy and Commerce; and (2) one motion to recom- their own sweat and tears, and yet now millionaires and billionaires, still mit. we need to back it up with our commit- lower than those under Ronald Reagan, ment. and would raise $74 billion in 2011. The SPEAKER pro tempore. The gen- Mr. Speaker, my Democratic col- We can bring down the deficit, and tleman from Georgia is recognized for 1 leagues and I favor a budget that rec- we can do it while protecting programs hour. ognizes our dual responsibility to, yes, that create jobs and that don’t further Mr. WOODALL. Mr. Speaker, for the reduce our deficit, but not on the backs burden old people, the poor, and middle purpose of debate only, I yield the cus- of our seniors who have already paid class Americans. tomary 30 minutes to my good friend, the gentleman from Colorado (Mr. into Social Security and have now re- f ceived Medicare benefits, who often- POLIS), pending which I yield myself THE FAIR TAX times have limited means to really such time as I may consume. During have the opportunities to increase (Mr. WOODALL asked and was given consideration of this resolution, all their salary. In my district, 52,000 peo- permission to address the House for 1 time yielded is for the purpose of de- ple are over the age of 65. Only 11.9 per- minute and to revise and extend his re- bate only. cent of them are working. These are marks.) GENERAL LEAVE impossible odds. Mr. WOODALL. Mr. Speaker, I rise Mr. WOODALL. Mr. Speaker, I ask Mr. Speaker, we need a budget, but today as tax day is fast approaching. unanimous consent that all Members we are not willing to do it on the backs We’ve heard a lot about the budget may have 5 legislative days to revise of seniors. You make your choice. that’s being introduced today. I’m a and extend their remarks. Democrats have a better way, and it’s proud supporter of this budget because The SPEAKER pro tempore. Is there not called hurting seniors. in this country we don’t have a revenue objection to the request of the gen- f problem; we have a spending problem. tleman from Georgia? But what we do have is a problem with There was no objection. FANNIE MAE AND FREDDIE MAC the way that we contribute revenue to Mr. WOODALL. Mr. Speaker, what CEOS GET HUGE SALARIES this country. we have today is a resolution that (Mr. STEARNS asked and was given There is a better way, and it is called comes under the Congressional Review permission to address the House for 1 the Fair Tax. The Fair Tax will take Act, an act passed by a Republican minute and to revise and extend his re- the burden off American taxpayers Congress and President Clinton that marks.) paying on what they earn and change it gives the Congress the opportunity to Mr. STEARNS. Mr. Speaker, I rise to a burden on what they spend. The look at the regulatory burdens imposed today with some serious concerns with power to tax is the power to destroy, by the executive branch and, in a sim- the continued egregious spending by and when we tax income and produc- ple up-or-down vote, say do we want Fannie Mae and Freddie Mac approving tivity, we destroy that income and pro- this regulation on the books or do we large executive salary compensations ductivity. not.

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2304 CONGRESSIONAL RECORD — HOUSE April 5, 2011 Today that regulation is the net neu- gressional authority to act in this Now, if there aren’t legitimate eco- trality regulation the FCC has promul- area; and as such, their regulations nomic considerations on the bandwidth gated. H.J. Res. 37, the underlying bill shall be null and void. side, clearly those who are providing that this rule allows us to consider, With that, I reserve the balance of both wireless and wire bandwidth need disapproves of the December 21 FCC my time. to have a return on investment cal- rule concerning net neutrality on the Mr. POLIS. I yield myself such time culus, but it is that very same dyna- basis that Congress did not authorize as I may consume. mism around the content-driven Inter- the FCC to regulate in this area. Ac- Mr. Speaker, this is indeed a simple net that drives the usage that then cording to a D.C. Circuit Court decision bill, one page long. Nevertheless, it is a leads people to pay more for higher in April of last year, the FCC failed to terrible bill, one page long, and I would speed access to the Internet. demonstrate that it had the authority like to tell you why. Now, the FCC has done an exemplary to regulate Internet network manage- Today with our economy only begin- job with these rules, and they have ac- ment. Until such time as the FCC is ning to recover, I believe that this rule tually received buy-in from all of the given that authority by this Congress, and the underlying bill will imperil one major players with regard to this mat- we must reject any rules that it pro- of the greatest sources of job creation ter: content providers, content mulgates in this area. and innovation in America: the Inter- aggregators, search engines. And, yes, Now, we will hear a lot today in the net. Now over the past 15 years, the even on the broadband access side, underlying resolution about the effec- Internet has created more than 3 mil- most of the major broadband providers tive compromise that was crafted by lion jobs, according to a study by Ham- have supported these regulations as the FCC. We will hear a lot about the ilton Consultants. More than 600,000 well. So they have done an excellent light touch that was used by the FCC Americans have part- or full-time busi- job. to wade into this area. nesses on eBay alone. And on average, I realize that what they first put out new Internet firms have 3 million jobs. there, many people were concerned b 1230 Yet, the majority brings to the floor with. And they then did their job, as But, Mr. Speaker, if you don’t have legislation that will harm the open they were told to by congressional the authority to do it, you don’t have Internet. I can speak to this with some statute, specifically, which authorized the authority to do it. It is Congress’ degree of authority. Before I came to them to do this. They listened to all responsibility to delegate that author- Congress, I created over 300 jobs myself parties, and they revised their net neu- ity. If folks like the underlying rule through founding several Internet-re- trality regulations so they are some- proposed by the FCC, they are welcome lated companies, including thing that I think we can all be proud to bring that back as a congressional ProFlowers.com and of as Americans, and we can all be resolution. BlueMountain.com. My first Internet proud of as users of the Internet. This bill today is about congressional company was an Internet service pro- Now, just to be clear how they hit prerogative: Will we or will we not vider on the other end of this equation, their mark, because I know yesterday stand up to an executive branch that so I have good experience from both the chairman of the subcommittee does not have the authority to regu- the e-commerce side, as well as the ac- mentioned that he thought that some late? We have done a sad job in this cess side which I bring to this debate. of the broadband providers were co- Congress in years past, Mr. Speaker, of I have long supported open access to erced into supporting the protocol providing that oversight responsibility. the Internet and continue to support standards before the FCC. I don’t know Republicans had the responsibility of net neutrality. enough to dispute that or not. But providing oversight to the Bush admin- Let me bring this close to home. what I will tell you is that I have im- istration, and we didn’t always live up When I was starting a flower company, partial third-party testimony that I to that measure. Democrats had the re- ProFlowers.com, back in the late 1990s, think is very compelling from invest- sponsibility to provide oversight to the we offered a supply-chain solution. We ment bankers who follow this sector. Obama administration, and they brought fresher flowers to people at a And the way the investment banking haven’t always lived up to that exam- better price by disintermediating the sector works is they have analysts who ple. supply chain and allowing consumers really cover different stocks, cover dif- We have the opportunity today to to buy flowers directly from growers. ferent sectors, and they inform people begin that step forward. Until Congress Now, we were up against several legacy about the impact of market regula- acts to delegate that responsibility, companies, companies like FTD and 1– tions on that sector. the Internet should continue as the 800–FLOWERS, that had a different dis- What I have from the Bank of Amer- Internet has grown and always contin- tribution model that we believed and ica and Merrill Lynch analysts, it says: ued as an area free of government in- argued in the marketplace was a less ‘‘The agreement’’—the FCC’s net neu- terference, as an opportunity for entre- efficient distribution model. trality provisions—‘‘is consistent with preneurs and investors and students Now, had there not been a de facto our view that the net neutrality regu- and the elderly to be out there using net neutrality at that point, it would latory overhang has been eliminated the Internet as they see fit, free from be very difficult for a new company to from telecom and cable stocks.’’ the hand of government regulation. break in, because you would have had Now, let me elaborate. What that I would also like to comment briefly the incumbent leaders in the market- means, ‘‘net neutrality regulatory on the nature of this rule. It is a closed place buying the access through the overhang,’’ is there was fear among the rule. I came to this Congress to advo- broadband connections, much as com- analysts covering the telecom and cate in favor of an open process, Mr. panies will pay slotting fees to get into cable sectors that the Obama adminis- Speaker, but it needs to be understood grocery stores, some book publishers tration would do something over- that the Congressional Review Act is a pay fees to be out on the open table. arching with regard to net neutrality. closed process by nature. What my con- The big difference is that we have ro- There was fear based on some of the stituents said to me is, ROB, if you are bust competition between grocery initial rules proposed. However, the doing something complicated, I want stores, robust competition between FCC did their job and that fear has you to open up the House floor and booksellers. been eliminated. There is now no mar- have as many amendments and as With regard to broadband access, ket overhang on companies in this sec- much discussion as you can because over 70 percent of the residents of this tor, and they are no longer concerned that is the right way to do things. But, country live in areas with only one or that the regulations are overarching. what I would really prefer is you bring two broadband providers. All of the dy- Let me go to the Goldman Sachs ana- one bill with one idea and have an up- namism—and I have not heard this dis- lyst from December of last year: The or-down vote for all the world to see. puted even by the chairman of the sub- rules stuck largely to what was ex- Well, Mr. Speaker, that is exactly the committee who testified before us yes- pected and will be viewed as a light call that we have responded to today: a terday—really, the dynamism and the touch. simple bill, one page long that says the job growth from the Internet comes Let me go to Raymond James: We FCC does not have the delegated con- from the content and applications side. are glad that the staff is making this

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 5, 2011 CONGRESSIONAL RECORD — HOUSE H2305 innocuous by simply placing official speaker, commercial or noncommer- porate America to censor the Internet rules around what is already being cial, whether or not the speech is con- in the same way that Communist done by the industry under a no-regu- nected financially to the company pro- China censors the Internet. If you lation scenario. viding Internet access or whether it is search for Tiananmen and you’re in So again, all these rules do is essen- popular or prophetic.’’ The letter goes Mainland China, you will get pictures tially preserve the status quo. Why is on to state how the Catholics have of happy people. You will not get pic- that important? Absent this, there used the Internet as an outreach tool. tures of their crackdown on the pro-de- would be a major shift in power on the Now, there is legitimate fear here mocracy demonstrators. Internet to the broadband providers from two perspectives: We risk the same potential here. The from the content providers. The Inter- One, among the nonprofit and reli- broadband actors play a critical role, net historically—again, a wonderful in- gious community in general, is that and I want to make sure their concerns novation for mankind—allows anybody their content would receive a lower are balanced and that they will get with a great idea to link up a server in tier because they are not necessarily their return on investment. We actu- their garage, and their product, their able to pay the same type of slotting ally have a quote from the AT&T exec- service, their content is available to fees or access that a for-profit commer- utive, who did appear before the com- everybody across the world, the very cial provider would do. So your Web mittee, who said that they can use the same as a major corporation that page from Nike might load faster than 10- to 15-year time frame to justify a spends $100 million launching a Web your Web page from the Catholic return on investments with regard to site, and they compete in the market- Church because, if there was tiered ac- broadband infrastructure. Even place of ideas. cess, who would be more likely to pay Comcast has called the new rules a Now, some people ask: Has there ever for the speed of the access. workable balance between the needs of been an instance where a provider has The other fear, also legitimate, is of the marketplace and the certainty that used tiered access or censored any- political or religious censorship of the carefully crafted and limited rules can thing? And there are a number of in- Internet. provide to ensure that Internet free- stances. An example, in 2005, Madison dom and openness are preserved. b 1240 River Communications blocked I would further argue that a free and voiceover IP on its DSL network. That You could have a provider who would open Internet is in the interest of the was eventually settled with the FCC. say, You know what? I like Obama, so broadband providers, themselves. So In 2006, Cingular blocked PayPal I’m going to block access to tea party not only is it not necessarily the case after contracting with another online sites or slow them down through our that they only agreed to these under payment service. This is a perfect ex- broadband access. duress, I think many of the forward- ample of why we need competition on Now, again, in a market with com- looking broadband providers realize the provider side. The consumers would plete dynamism and where there was a that what drives Internet access and have access to presumably a less-effi- lot of competition and where every what drives consumers to want a fast- cient payment service that they would American could choose broadband pro- er, better connection is that very vi- not select given their own prerogative viders, that would be less problematic. brancy in the information marketplace because it is locked in through some But what we have is a situation where that net neutrality helps preserve. sort of slotting fee or other arrange- over 70 percent of Americans only have So the real question is: Why are we ment, sometimes vertical integration one or two choices for broadband ac- here? Why are we here debating some- itself under the same capital structure, cess. There has historically been broad thing that was thoughtful, that has as an access provider. support from both sides of the aisle for buy-in from all sides of the debate? So this rule is actually critical to the ‘‘no blocking’’ rule, which simply I really had a tough time figuring it continue to operate a free and open states that broadband providers cannot out even through our committee exam- Internet. That is why the FCC moved block lawful content. It is the equiva- ination of this yesterday. But I think forward, with explicit permission from lent of telling the Postal Service they that we’re here because of a knee-jerk Congress in the form of their statutory can deliver or not deliver your mail reaction of the opposition that might authority, with rules to address this based on whether they agree or dis- have been initially opposed to some of issue. Their open process included agree with the content. The carriers— the more overarching rules that were input and got vast buy-in from all the Internet, itself—is one cohesive en- initially proposed before the FCC, but major parties, including Internet serv- tity, and what a wonderful entity for we’ve come a long way since then. This ice providers. mankind, the fact that you can plug in feared takeover of the Internet didn’t Now, there are many on the left that and have access to a wide breadth of in- occur. Overarching rules didn’t occur. wish that the rule went further. And, formation on the Internet. Most of the broadband providers now yes, there might be some in business I also want to refute the argument support the direction of the FCC. Yet, that prefer that there were no rules at that there is no nor should there be under the legislation that we will con- all. The vast majority of the business any government regulation of the sider today, the open Internet rule and community strongly supports the con- Internet. I, actually, have several the repeal of it will provide more un- sensus rules that the FCC came out pages listed here of government regula- certainty to investors. They will again with. tion of the Internet, including things not know what’s going to occur. The Of those commenting on the proposed like regulating child pornography, in- investment bankers will, once again, rule before the FCC, well over 90 per- cluding, of course, the complex set of say there was uncertainty and over- cent supported the Commission’s ef- protocols around intellectual property hang, hurting the valuation of the very fort, and over 130 organizations support and intellectual property enforcement broadband stocks that the majority is the proposed rule and oppose this legis- to ensure that the Internet is not used claiming to do this for the benefit of. lation, including groups like the Amer- as a medium to steal or to illegally Market analyses have found that the ican Library Association, the Free profit from the creative works of oth- new open Internet rule removed the Press, League of Latin American Citi- ers. We go on and on with regard to e- regulatory overhang—it’s a light zens, Communications Workers of commerce, advertising, privacy laws—a touch—which throws a monkey wrench America, and the vast majority of number of laws designed to protect our into the market mechanisms at a crit- Internet-related companies. privacy, to protect us from abuse, and ical time for our recovery and job cre- I also want to emphasize that there to protect us from security breaches ation. has been a number of faith-based with regard to viruses. UNITED STATES CONFERENCE OF groups that have weighed in. One of the This is another dimension. This is to CATHOLIC BISHOPS, DEPARTMENT largest is the Conference of Catholic protect us from the Internet being bro- OF COMMUNICATIONS, Washington, DC, February 14, 2011. Bishops, representing millions of ken apart by a series of tiered pipelines DEAR SENATORS AND MEMBERS OF THE American Catholics, who weighed in in rather than one cohesive Internet. The HOUSE OF REPRESENTATIVES: The United a letter opposing this legislation before absence of any net neutrality regime States Conference of Catholic Bishops us today: ‘‘The Internet is open to any would empower selective parts of cor- (‘‘USCCB’’) is committed to the concept that

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2306 CONGRESSIONAL RECORD — HOUSE April 5, 2011 the Internet continue as it has developed, I reserve the balance of my time. squelch jobs growth and to pull back that is, as an open Internet. The Internet is Mr. WOODALL. Mr. Speaker, I am innovation than any other action in an indispensable medium for Catholics— and proud to yield 2 minutes to a gentle- this administration. others with principled values—to convey lady from the committee of jurisdic- Mr. POLIS. I yield myself such time views on matters of public concern and reli- gious teachings. USCCB is concerned that tion, the gentlelady from Tennessee as I may consume. Congress is contemplating eliminating the (Mrs. BLACKBURN). It’s hard to know where to begin in Federal Communications Commission’s au- Mrs. BLACKBURN. Mr. Speaker, if refuting the arguments of my good thority to regulate how the companies con- my colleague across the aisle is having friend from Tennessee. trolling the infrastructure connecting people a tough time figuring this out, I think There were several comparisons that to the Internet will offer those connections. we can probably help with that expla- I view as simply out of hand. One of Without the FCC, the public has no effective nation. them that was given was that this is recourse against those companies’ inter- First of all, if you like the Internet ference with accessibility to content, and somehow some sort of Fairness Doc- there will be uncertainty about how and that you have, we are saying we want trine for the Internet, that this is whether those companies can block, speed up you to keep it. Mr. Speaker, there has somehow some sort of government in- or slow down Internet content. Since public been no market failure. Over 80 percent volvement with the Internet. Quite the interest, noncommercial (including reli- of all Americans are pleased with the contrary is true. gious) programming is a low priority for Internet service that they have. What I want to be clear. I was an original broadcasters and cable companies, the Inter- they do not want to see is the Obama cosponsor last session of the bill that net is one of the few mediums available to administration step in in front of these proactively would have prevented the churches and religious groups to commu- nicate their messages and the values funda- Internet service providers and say, We administration from moving forward mental to the fabric of our communities. the government are here to change with the Fairness Doctrine. I oppose Without protections to prohibit Internet your Internet. We are here to take con- the Fairness Doctrine. I believe in a providers from tampering with content de- trol of your Internet. dynamic marketplace of ideas. The livery on the Internet, the fundamental at- That is exactly what net neutrality FCC’s rulemaking around net neu- tributes of the Internet, in which users have would do. trality moved forward and fostered unfettered access to content and capacity to Net neutrality is the Federal Govern- that very dynamic marketplace of provide content to others, are jeopardized. ment stepping in and saying, We’re Those protections have particular impor- ideas that the Fairness Doctrine is con- tance for individuals and organizations com- going to come first. We’re going to as- trary to. mitted to religious principles who must rely sign priority and value to content. It If we do not have some sort of net on the Internet to convey information on basically is the Fairness Doctrine for neutrality regime in place, there will matters of faith and on the services they the Internet. be a selective censorship of the Inter- provide to the public. The Internet was con- As I said, there has been no market net, and we risk the Internet deterio- structed as a unique medium without the failure, and there is no need for this rating into a series of tiered struc- editorial control functions of broadcast tele- government overreach. So many are tures, whether they are tiered eco- vision, radio or cable television. The Inter- saying, Why do this? It’s one of those nomically or ideologically. The great net is open to any speaker, commercial or noncommercial, whether or not the speech is issues of power and control, of govern- human accomplishment that is the one connected financially to the company pro- ment wanting to dictate what speed common Internet will simply cease to viding Internet access or whether it is pop- you will have, how often you will be exist as such. It is, in fact, the pro- ular or prophetic. These characteristics on, the type of Internet service that ponents of net neutrality and the regu- make the Internet critical to noncommercial you will have, being able to control latory regime proposed by the FCC religious speakers. Just as importantly, the them. after receiving input from all stake- Internet is increasingly the preferred method What the FCC did after Congress left holders that will preserve the Internet for the disenfranchised and vulnerable—the town, mind you, during Christmas as it is. poor that the Church professes a funda- week, was to step in and bring uncer- mental preference toward—to access serv- I would agree with my friend from ices, including educational and vocational tainty to the marketplace. What they Tennessee’s argument. She said 80 per- opportunities to improve their lives and did was to say, We are going to put cent of people are happy with their ac- their children’s lives. It is immoral for for- ourselves, the government, in control cess. I hope it’s even higher. profit organizations to banish these individ- of the Internet. It is the first time ever Mrs. BLACKBURN. Will the gen- uals and the institutions who serve them to this has happened. tleman yield? a second-class status on the Internet. The SPEAKER pro tempore. The Mr. POLIS. I yield to the gentle- His Holiness, Pope Benedict XVI, has time of the gentlewoman has expired. woman from Tennessee. warned against the ‘‘distortion that occur[s] Mr. WOODALL. I yield the gentle- when the media industry becomes self-serv- Mrs. BLACKBURN. I thank the gen- ing or solely profit-driven, losing the sense woman an additional minute. tleman for yielding. of accountability to the common good. . . . Mrs. BLACKBURN. Also, in their net Any time you allow the Federal Gov- As a public service, social communication neutrality order, if you read paragraph ernment to step in to a process where requires a spirit of cooperation and co-re- 84, what it does is to bring an incred- they have not been involved in a proc- sponsibility with vigorous accountability of ible amount of uncertainty to the inno- ess—and we did this not once but the use of public resources and the perform- vative community and to the creative twice. We did it not once but twice. ance of roles of public trust . . ., including economy that our jobs growth is going Mr. POLIS. Reclaiming my time, I recourse to regulatory standards and other to be based on, because what it says to measures or structures designed to affect would like to engage in a colloquy with this goal.’’ these innovators is, Look, if you want the gentlelady. (Message of the Holy Father Benedict XVI to innovate a new application, a new With regards to the Postal Service, for the 40th World Communications Day, The attachment, a new usage for a Web- would the gentlelady oppose an effort Media: A Network for Communication, Com- based service or for the Internet, you’d to say that the Postal Service can, per- munion and Cooperation, Jan. 24, 2006). better come apply to the FCC first be- haps, decide which mail to deliver, Lastly, Pope Benedict XVI recently stated, cause, if you don’t, we can step in and maybe based on which political can- ‘‘Believers who bear witness to their most profound convictions greatly help prevent require you to come make application didates their unions support? Would the web from becoming an instrument which to us. the gentlelady say that that would be . . . allows those who are powerful to monop- Now, if you want to talk about a okay for the Postal Service to do that? olize the opinions of others.’’ (Message of His chilling effect—a chilling effect—on all Mrs. BLACKBURN. The gentleman Holiness Pope Benedict XVI for the 45th of our high-tech innovation, on health knows that that is not relevant to the World Communications Day, January 24, care innovation with our telemedicine discussion that we are having here. 2011). concepts, with our health IT concepts, Mr. POLIS. Is the gentlelady going to USCCB urges Congress not to use the Con- I would encourage individuals to look answer? gressional Review Act to overturn the FCC’s open Internet rules. at paragraph 84, which is found in the Mrs. BLACKBURN. What we are Sincerely, net neutrality order that was brought talking about is that the application of HELEN OSMAN, forward on a 3–2 vote by the Obama ad- this is the Fairness Doctrine of the Secretary of Communications. ministration. It will do more to Internet.

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 5, 2011 CONGRESSIONAL RECORD — HOUSE H2307 b 1250 Mr. TERRY. Mr. Speaker, I rise in have access to the Internet in its en- Mr. POLIS. Reclaiming my time, the favor of this rule to block the FCC tirety, not with being sensitive because Fairness Doctrine is something that I from regulating the Internet. of economic or religious reasons. oppose, I will always oppose, and it is I thought the exchange between the One of the simple components of this completely consistent. The Fairness gentleman from Colorado and the good rule is the no-blocking rule. This states Doctrine is consistent with the ap- lady from Tennessee was very telling very specifically, a broadband provider proach that the gentlelady is approach- because right now the marketplace cannot block lawful content. A pro- ing with regard to the Internet. By controls the Internet. It is free—I call vider cannot say, I don’t like Catholics; having net neutrality in place, we pre- it wild, wild—in its applications. I’m not going to allow Catholic content vent any type of fairness doctrine or Now, what the government is trying through our broadband. A provider can- not say on my Internet we are blocking selective allowance of certain content to do now, in the words of ED MARKEY access to Tiananmen because I have to consumers of the Internet. The during our hearing on this, was, ‘‘We business deals in China. We need to en- whole net neutrality regulatory struc- need to regulate the Internet to keep it sure that the Internet, as one entity, is ture is to ensure that everybody has unregulated.’’ I don’t get that, but it is available to all Americans who buy ac- access to putting content on the Inter- kind of the thought from the left side cess. net in the same way, and that that con- of the aisle that you have to regulate it in order to prevent anything that they And again, the broadband providers tent will not be discriminated against themselves, out of their own economic based on its ideology, based on eco- may disagree with. So what we have here is an instance self-interests, endorse this concept be- nomic considerations. cause they truly understand, with the Mrs. BLACKBURN. Will the gen- where now the freedoms of the Internet and the marketplace that are driving it fiduciary responsibility of their own tleman yield? shareholders, that the very dynamism Mr. POLIS. I yield to the gentlelady now have to be under a regulatory that leads to the increase in popularity from Tennessee. scheme decided by a group of ap- Mrs. BLACKBURN. We all know that pointees of the President; not to be of the Internet relies on it being an open and free Internet. And without anytime you give the government the free, it has to be built in relation to these protections that are afforded by ability to assign priority and value to their image. Listen to his words, it’s the FCC’s open Internet rules, the content, you have inserted them into going to be built on their image. abuses that have already occurred are the decision-making process. They The analogy of Communist China just a small sign of far worse things would precede the responsibility of the regulating the content can’t happen today. They talk about blocking, that that will come. Internet service providers. And the In expressing support for killing the gentleman knows there has been no these ISPs will stop us from going to our Web sites. There have been a hand- open Internet rule with this bill, a wit- market failure. ness for the majority brought to Cap- Mr. POLIS. Reclaiming my time, the ful of those situations; and every time, itol Hill said that ISPs should be al- absence of a net neutrality regime the public marketplace chastises them openly. There were a few times the lowed to block lawful content and said, would be the government deliberately ‘‘It is appropriate because you block FCC even called up and said, hey, you conveying value as gatekeepers to the the source of the problem. If the person can’t do that under the principles that broadband providers and allowing them that is violating your acceptable use to decide, based on religious or ideolog- were adopted. The SPEAKER pro tempore. The policy is Netflix, you block Netflix.’’ In ical or economic—or whatever criteria effect, you would empower broadband that they want—what kind of Internet time of the gentleman has expired. Mr. WOODALL. I yield the gen- providers to bully around content pro- they intend to serve up to their users. viders—be it Netflix, be it Yahoo—and I would like to add that, under the tleman 1 additional minute. Mr. TERRY. And so those were re- say, you know what? I don’t like the legislation we consider today, that this fact that you are renting this movie; I open Internet rule will add the very solved by, yes, a little bit of involve- ment, but the marketplace. don’t like the fact that you are linking certainty to investors and companies to this news. That’s the direction that that we need and predictability in our Now the comparison to Communist China here from the gentleman is ap- Communist China has gone, and that is marketplace that allows companies to the direction that America and the continue to grow and invest in job propriate when you look at how this measure was implemented. The Presi- global Internet will go if we fail to pre- growth. serve the net neutrality regime that is It strikes a balance, and it solves a dent campaigned on net neutrality. Congress would not authorize it be- before us. real issue. Some on the other side will Mr. Speaker, I reserve the balance of cause Congress as a whole bipartisanly say, oh, this could be an issue in the fu- my time. ture, but it hasn’t arisen. Well, the disagreed with net neutrality, giving a Mr. WOODALL. Mr. Speaker, I yield rules that we are talking about do en- regulatory bureaucratic agency control such time as he may consume to the shrine in place the very Internet, the over the Internet versus free market. subcommittee chairman, the gen- So since Congress wouldn’t pass it, dynamism, the fruitful discussion be- tleman from Oregon (Mr. WALDEN). tween different ideologies that the gen- sua sponte they just rose up and said Mr. WALDEN. I thank the gentleman tlelady from Tennessee said that she we don’t have the authority—well, from the Rules Committee for his good aspires to preserve. And we have al- they didn’t say they don’t have the au- work on this issue. ready reached a point where ISPs have thority, but Congress never gave them Mr. Speaker, there are a number of blocked, as a matter of fact, voice- the authority to regulate the Internet, issues I would like to address as chair- over-IP services. And they have so they’re just assuming that they’re man of the Communications and Tech- blocked peer-to-peer traffic, they have going to take that power away from nology Subcommittee. blocked PayPal in favor of other finan- the people and the marketplace and do First of all, when it comes to the no- cial transaction companies that might it themselves. That is where the anal- tion that the FCC—or let me back up— have economic relationships with ogy to Communist China is appro- these carriers that give us the Internet them. priate. might somehow regulate religious I believe strongly in Internet, in Mr. POLIS. I would argue that, in speech, it’s interesting to note that the Internet as an achievement for man- Communist China, the residents there FCC, in its own order, threatens and kind, in Internet that net neutrality do not have access to the Internet. pulls out specifically a threat to reli- will help preserve for our generation What they have access to is an Internet gious content. Paragraph 47, footnote and the next. minus, and Internet minus are sites 148, which I’m sure the gentleman from Mr. Speaker, I reserve the balance of that their government deems inappro- Colorado must know about, says that a my time. priate. We risk going down that same religious organization would be prohib- Mr. WOODALL. Mr. Speaker, I am route if we don’t enshrine, in rule or in ited from creating a specialized Inter- pleased to yield 2 minutes to another law, net neutrality provisions that en- net-accessed service. gentleman from the committee, the sure that there is an open and free Now, there is an Internet provider gentleman from Nebraska (Mr. TERRY). Internet and that American citizens out there called Koshernet that wanted

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2308 CONGRESSIONAL RECORD — HOUSE April 5, 2011 to have a special service for those reli- didn’t grant them an independent those?—and other things. They are gious subscribers who happen to agree, grant of authority. their regulator. if they don’t want to be exposed to Regulating otherwise unregulated in- I was regulated by the FCC for 22 things on the Internet that they are formation services is not reasonably years as a license holder in broadcast bound to regarding their religion. So ancillary to the section 257 obligation stations. The last thing you’re going to the issue that the FCC points out is to issue reports on barriers to the pro- do is poke your regulator. And when that, oh, we’re not going to allow that vision of information services. your regulator has you by your license to happen under these rules. So you There are a number of issues here or by your next merger, you’re prob- can’t have a separate Internet provider that bring us to the rule that we have ably going to acquiesce to the lesser of that is just set up for its own sub- today on the Congressional Review Act two evils, which is what happened here. scribers that just wants to have a filter that would repeal the rule that the So, Mr. Speaker, and to the ladies on the Internet, if you will, for those FCC put in place at the end of the year and gentlemen of the House, I would who want to subscribe to that because and notified us on. encourage you to support this rule. It’s of their religious beliefs. So already Now, why are we using the Congres- narrow. It’s defined. It’s closed for a you see a government getting involved sional Review Act? It is a very specific, reason, because the parliamentarians at the head end. very narrow, very targeted bipartisan- and others have told us basically Now, we’ve seen in Egypt where the created process. there’s no real way to amend this and government is involved and had a kill The current leader of the Senate, carry out its lawful action. And so in a switch and just turned it off when op- HARRY REID, was an advocate and sup- rare instance, this makes sense to have ponents of the government got en- porter of the congressional review a closed rule. gaged. We’ve heard a lot about China, process because it allows Congress to Mr. POLIS. The gentleman from Or- and we all know the various back doors step in when an agency has overstepped egon mentioned KosherNet and other to the Internet there that they tried to its bounds on a major rule and say, No, sites that might want to provide pro- put in to regulate speech, to control you don’t have the authority, or, We prietary content. I want to be clear access to content and all of that. disagree with the rule, and so we chose that this rulemaking and rulemaking this CRA process to overturn this rule process has nothing to do with propri- b 1300 that a partisan group of unelected offi- etary networks. It refers to the Inter- That’s the government doing that. cials chose to enact exceeding their au- net. We know this country for many years thority. I hold several patents with regard to operated under the Fairness Doctrine. Now Congress, whether you’re for net Internet technologies. In those, as is That was the government trying to neutrality regulation under title I or common among Internet patents, we regulate political speech on the broad- title XX or no title at all, you should describe the Internet as an open-ended cast airwaves. It wasn’t until President not stand idly by when an agency ex- gateway network. To the extent that Reagan’s FCC after a couple of court ceeds its statutory authority. there are thriving proprietary net- decisions basically said that trips right I think, ultimately, this will be works, be they religiously affiliated or up against the First Amendment that thrown out in court, once it’s ripe for a commercial, the FCC is not talking President Reagan’s FCC repealed the court to review, as the court has about those with regard to this matter. Fairness Doctrine. Congress tried a slapped down the FCC in the past. Mr. WALDEN. Will the gentleman couple of times to put it back in place. The long and the short of it, though, yield on that point? Because I don’t be- What we should be about is a free and is that, in relying on section 706, they lieve that was the case. open Internet. may have inadvertently opened the Mr. POLIS. I will be happy to enter And that’s what we’ve had, and that’s door for State regulation of the Inter- into a colloquy with you on your time. what allowed this incredible explosion net, because section 706 says that the An article from yesterday’s of technology and innovation to take FCC and State commissions shall have StarTribune says, ‘‘Court rejects suit place. And it has not taken place be- certain authorities and goes on to ex- over Net-neutrality rules.’’ This hap- cause the government picked winners plain that in the first title of that act. pened yesterday. A Federal appeals and losers on the Internet because the I don’t think any of us here wants court rejected a lawsuit by Verizon and engineers and scientists and techni- that door to be opened, but the FCC, in MetroPCS to challenge the Federal cians and innovators and entrepreneurs its naked grab for power it does not Government’s communications rules, did that on the existing Internet. have, chose to base part of their deci- the FCC’s communications rules. Now, along comes the government, sion on section 706. Now, what I want to point out is, like the Federal Communications Commis- Now, I heard, as I was coming over many newspaper sites, this was a deci- sion, on a 3-to-2 partisan middle-of-the- here, a recitation of my comments last sion between me and the newspaper night sort of decision, if you will, right night in the Rules Committee by my site, an economic decision about how I over the holidays to say, We’re going friend and colleague from Colorado would get access. Now, some news- to seize control and regulate the Inter- that all of the major companies sup- papers want to charge for access, oth- net. Now, that’s not been done before, port this, or virtually all, and, gee ers don’t. I was happy the Minneapolis although they tried in the Comcast whiz, they did this voluntarily at the StarTribune allowed me access because BitTorrent case where they tried to FCC. Well, come on. None of them will I wasn’t about to pay. regulate the Internet once before. But publicly admit to the fact that the FCC How do they pay for it? They have a the court here in Washington, D.C. said had, holding over their head, a title II couple ads in here. Apparently, Bill they lacked the authority. They had proceeding that would have treated the Maher is going to be at Mystic Lake not proven—they had failed to dem- Internet as a common carrier, as sim- Hotel and Casino, coming up. I won’t onstrate that they had the authority. ple telephone service with a highly reg- be there, but maybe most of the folks And so the court struck them down ulated environment. who read the Minneapolis StarTribune pretty clearly in part because they re- And it’s one of those Hobson’s would consider that. lied on a statement of policy, and the choices: either go with us with title I, And then there’s something called court said a statement of policy does which is ‘‘light regulation’’ but opens License to Thrill, also at Mystic Lake not constitute statutorily mandated the door to government regulation for Casino and Hotel. Now, I assume they responsibilities. the first time of the Internet, or we found that many of the viewers of the Previously, the FCC rule, by the way, may come after you on title II. Now, to Minneapolis StarTribune might be in- that section 706 did not constitute an back up that argument, I would point terested in Mystic Lake. And again, it independent grant of authority and has out that there’s an open proceeding at was their decision, the Minneapolis not overruled that prior decision. Now, the moment on title II. They have StarTribune’s decision, Do we sell for that’s important, because section 706 is never closed their title II proceeding. access? part of the foundation upon which they So these companies have a lot of By the way, The New York Times, I think they have this authority, even other issues before the FCC, like merg- think, is starting to charge for access. though in a prior case they’ve said that ers—has anybody ever heard of I’m going to have to decide whether

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 5, 2011 CONGRESSIONAL RECORD — HOUSE H2309 I’m going to have to try to just make Semiconductor Corp. for $6.5 billion. The all- nications Commission has not put do with their free portion or somehow cash deal, if it goes through, will give Dallas- these rules into the Federal register loop in an online subscription. I do pay based Texas Instruments a larger stake in because they haven’t completed some for The Wall Street Journal online. It’s the field of analog semiconductors—devices of their due diligence, apparently, on worth every penny. It’s a good publica- that are used to convert real- world signals, such as temperature readings or voice re- the effects on business. tion. But it’s hard to strike that bal- cordings, into digital signals. b 1310 ance. GOOGLE BIDS $900M FOR NORTEL’S PATENTS What you are doing—what this body So that will still be ripe to litigate is considering by not having a net-neu- Google Inc. said it was willing to pay $900 later on. The other point I want to million for patents held by Nortel Networks make is understand that while these trality regime in place is to add an- Corp., the bankrupt communications tech- other party to this contract between nology company. The Internet search giant rules promulgated, I believe, outside me and the StarTribune. And you know couched its bid as a pre-emptive strike to de- the authority of the FCC apply to the what? It is not good enough, JARED fend against patent litigation. Analysts say Internet service provider, the pipes if POLIS and the StarTribune, that Mountain View, Calif.-based Google is wres- you will, they do not apply to the con- they’re letting you access and you have tling with a major increase in patent litiga- tent providers on the other end. So in to pay. There’s also the provider. And tion from so-called patent trolls and com- other words, once you get on the free- you know what? You could have the petitors. A major patent portfolio such as way, as we know the Internet, you provider say, You know what? We’re the one from Nortel would give Google am- want to get out into the neighborhoods not going to serve up these ads. We’re munition in these lawsuits. In the last 12 months, Google has been hit with 39 patent eventually. And so a lot of people go to going to serve up our own ads. You lawsuits involving its Android mobile phone a particular search site let’s say, a know what? We’re not going give you operating software. search engine, and that search engine access to the StarTribune unless you PFIZER TO SELL CAPSUGEL UNIT TO KKR is making enormous decisions about buy our newspaper plus service for an Pfizer Inc., the world’s biggest drugmaker, where you end up on the Internet. extra $14.95 a month. agreed to sell its Capsugel manufacturing Those search engines and other pro- You’re changing the value chain in a unit to KKR & Co. for $2.38 billion in an ef- viders like that, they are not under way that is unprecedented and con- fort to focus on its higher-profit business de- these rules at all. And I would suggest veying enormous value because you’re veloping new medicines. The New York- I am not eager to have them under putting them in charge of the whole based company lowered its yearly revenue these rules. But I find it fascinating Internet of the providers and the band- forecast after backing out Capsugel, a unit that they can block, they can tackle, width and the pipelines. Yes, they are that makes wholesale pill casings and had $750 million in sales last year. Pfizer said it they can hide, they can change their important to have and, yes, they need algorithms. to have a return on investment and, will use proceeds from the deal to expand a planned $5 billion share repurchase. So you know, by the time you search yes, they support the FCC rules as a for something, you may get moved fair way to do that. Yes, given their JAPAN’S CRISIS WILL PUSH UP SOME COMMODITIES from number one in your category to druthers, would they rather have a No. 71 because they make some deci- reach and control of the Internet? Copper, iron ore and beef are likely to ben- efit from rising demand in Japan as the sion in their algorithm. So there is a Sure. They’d rather control all the ad country recovers from a record earthquake lot going on out there. space on every newspaper and every and tsunami that triggered a nuclear crisis. But I would say this: Most Americans other Web site. But they know that’s a Rebuilding may drive demand for have access to broadband, most of us reach. There’s no serious market valu- steelmaking materials and metals used in are on the Internet, and we are a very ation that’s given by investors or in- construction, said Ben Westmore, a commod- powerful community when somebody ities economist at National Australia Bank vestment analysts to that reach sce- misbehaves. And generally, the Inter- nario that would threaten and kill the in Melbourne. Demand for imported beef and dairy products may increase because of dam- net has been successful because mis- very Internet itself by interspersing a behavers have been punished by the third party on my private agreement age to local protein supply, Rabobank Aus- tralia analyst Wayne Gordon said. consumers in an open and free market- with the Minneapolis StarTribune. place effectively and quickly and much That’s why we need to have a free and GOLDMAN CEO’S COMPENSATION NEARLY DOUBLES better than through a government reg- open Internet for all to ensure that Goldman Sachs Chairman and CEO Lloyd ulatory regime. there’s not another party that comes in Blankfein’s $19 million compensation for Mr. WOODALL. Mr. Speaker, I yield and steals the intellectual property 2010, almost double the prior year, ended two myself 60 seconds just to say in this and the usage of others and conveys it years in which the firm’s top executives gave theme of folks with the best of inten- to their own advantage. And that’s ex- up cash bonuses. Blankfein’s pay included tions ending up with the tremendous actly what the very reasonable FCC $5.4 million in cash, $12.6 million in re- burdens on small business, I have just rules put into rule. stricted stock, a $600,000 salary and about been informed and would like to inform [From StarTribune.com, Apr. 4, 2011] $464,000 in other benefits, a proxy statement from the New York-based firm showed. this body that the Senate has passed COURT REJECTS SUIT OVER NET-NEUTRALITY Blankfein’s $9.8 million pay for 2009 included H.R. 4, the House’s repeal of the bur- RULES $9 million in restricted stock plus salary and densome 1099 regulation requirements A federal appeals court on Monday rejected other compensation. as ‘‘premature’’ a lawsuit by Verizon and in ObamaCare, by a vote of 87–12. The MetroPCS challenging the Federal Commu- I reserve the balance of my time. bill is now on its way to the President nications Commission’s pending rules aimed Mr. WOODALL. Mr. Speaker, I would for his signature. at keeping Internet service providers from like to yield 2 minutes to the chairman This represents a huge win for Amer- blocking access to certain websites or appli- of the subcommittee, the gentleman ican small businesses, a huge win for cations. The decision, by the U.S. Court of from Oregon (Mr. WALDEN). the abolition of burdensome govern- Appeals for the District of Columbia circuit, Mr. WALDEN. I just want to point ment regulation, and the first official is a first-round victory for the FCC and its chairman, Julius Genachowski. But the real out that back on KosherNet, the Fed- partial repeal of ObamaCare that will battle over the agency’s attempt to regulate eral Communications basically singled go to the President’s desk and become broadband providers has barely begun. Sev- that out and said, no, you can’t, as an law. eral broadband companies, and some con- Internet service provider, have that I reserve the balance of my time. sumer advocacy and public interest groups, kind of separate system. You can’t fil- Mr. POLIS. Mr. Speaker, I yield my- are likely to return to court this year to ter out even if you want to. And I self such time as I may consume. challenge aspects of the rules. Edward think that’s different. First with regard to the 1099 closing, McFadden, a Verizon spokesman, said Mon- As for the court decisions the gen- I think again we can applaud this as a day that the company intended to refile its lawsuit this year. The House will take up a tleman referenced, I don’t necessarily step forward for small business. Many joint resolution condemning the new Inter- know where he’s going on that. But I of us wish that there could have been a net access rules this week. understand the court said the time is different way of paying for it, and I did TEXAS INSTRUMENTS TO BUY RIVAL FOR $6.5B not right yet for the appeal by Verizon support it twice in the last session of Texas Instruments Inc. said Monday that and MetroPCS on the Internet rules, Congress. While there are major win- it has agreed to buy competitor National not right because the Federal Commu- ners, and small businesses are, and we

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2310 CONGRESSIONAL RECORD — HOUSE April 5, 2011 needed to close the 1099 loophole, and I and application providers have unfet- So I think between the Comcast case am glad we did, the losers under this tered access to consumers in America and the interpretation of 706, they are American families making about and across the world. don’t have any authority do this. In a $80,000, $85,000 a year, who will be stuck I reserve the balance of my time. larger sense, what we are talking about with a large Republican tax increase. Mr. WOODALL. Mr. Speaker, at this is when the FCC moves out and starts Mr. Speaker, with regard to net neu- time I am pleased to yield 4 minutes to to regulate the Internet, that creates trality, it is indeed a brave new world a thoughtful member of the Energy and uncertainty in the economy, uncer- that we face on the Internet. And I Commerce Committee, the gentleman tainty into people who are investing have been an Internet user since the from Florida (Mr. STEARNS). vast sums of money for fiber optics so early 1990s. As I mentioned, my first (Mr. STEARNS asked and was given that they can spread broadband. And company was an Internet service pro- permission to revise and extend his re- heaven knows we don’t need in this vider. So I have experience on that marks.) economy this uncertainty. front. It is the very dynamism of the Mr. STEARNS. Let me just bring to So I think the FCC was unwise just Internet itself that brings its value to the attention of this side of the aisle from a standpoint of the economy to that some of the issues you are talking humanity and to Americans. That is strike this uncertainty. The Internet, about, transparency, moves into pri- why it is important to protect under as has been pointed out, exists. It has vacy. We hope in the near future we do net neutrality and open Internet provi- been open and thriving for all these have a privacy bill, but I think some of sions. years because of a deregulatory ap- the things you are concerned about im- Another critical provision that has proach. If we step in and let the FCC pacted with the privacy, and not nec- generally had support from across the start to regulate the Internet under essarily in this debate dealing with aisle in prior sessions has been a trans- title I, then it’s going to create this parency requirement that would re- House Joint Resolution 37. As a former ranking member of the uncertainty, and that’s in fact why quire broadband providers to inform Telecommunications Technology Sub- Verizon is moving forward. consumers about how or whether they committee, both the ranking member, As others have pointed out, a lot of are tiering access. Part of the issue has people are fearful of the FCC. That’s JOE BARTON, and I have sent three let- been we only find out about these ters to FCC Chairman Genachowski ex- why they won’t say anything. As many things after the fact, after a very tech- pressing simply our strong opposition of us know, lots of times when you are nical analysis, and accusations are to his plan to regulate the Internet. In in a situation where you have an em- made and have to be discovered. We fact, I have introduced legislation the powering authority up there that can would like to know. And one of the rea- past two Congresses to try to prevent regulate you, you don’t want to get sons I oppose this rule is Ms. MATSUI the implementation of the net neu- those people upset with you. So you offered an amendment that would have trality rules, and other Members have are very delicate in how you move. So increased consumer confidence and led supported us. So there is a long record the people are saying basically that, to greater investment in broadband in- here, I would say to my colleague on oh, we are not going to say anything; frastructure by supporting a simple that side of the aisle, of our side trying but silently they are telling us, cer- transparency requirement with regard to prevent Genachowski, the chairman tainly they are telling us on this side to this matter. of the FCC, from regulating the Inter- that they cannot see any reason for the Net neutrality keeps the Internet net. FCC to start to regulate. free and open. It is that simple. Just as In fact, he went so far as to step out b 1320 the postal service can’t discriminate in and try to do it. There was a Comcast delivering legal content, so too the case. In an April of 2010 decision, the There is no crisis warranting them to Internet should not discriminate in de- court found that the FCC failed to do this. The example used with his livering legal content. Proprietary net- demonstrate it had ancillary authority newspaper in Minneapolis is not a cri- works can work their will. And the under title I. So under title I, the sis. So the FCC hangs its adoption of gentleman from Oregon mentioned courts ruled they did not have the au- network neutrality rules based upon Koshernet or people, users, that might thority to regulate Internet network speculation and future harm. only want certain access on their ma- management. I urge the passage of this rule. chines. They are empowered to do that So I think the courts themselves Mr. POLIS. The net-neutrality rules under open Internet regulations. have corroborated what Mr. WALDEN are consistent with the D.C. circuit They can have programs on their has indicated. So, you know, what you ruling in Comcast v. FCC and, in fact, local machine that can say, you know are arguing is against a court case that that advances the congressional man- what—many parents do this—they actually occurred. And as far as the dates. The rule fulfills the FCC’s man- want to have parental controls or technicality that Verizon was involved date from Congress and their mandate block certain sites. They can only have with, they are going to continue their to encourage broadband deployment by certain sites that are accessible and suit. They feel they have a strong argu- supporting innovation and investment block down all other sites. Many peo- ment, and as Mr. WALDEN pointed out, among their other duties. ple, they are empowered to do this not it was just by a technicality. They are And, in fact, last year Congress had a by their provider, no. They are empow- going to continue to go forward. chance to advance legislation in the ered to do this by choosing the soft- I will also mention a little bit what area around protecting Internet free- ware and the service that they use to the chairman, Mr. WALDEN, has indi- dom, and that legislation was sup- be able to restrict the Internet for cated dealing with the 706 rule. The ported by many public interest organi- themselves or for a minor that lives in FCC claims it has authority to enact zations, high-tech companies and, yes, their home. this under the 706 rule of the 1996 Tele- many broadband carriers. That would These decisions should not be made communications Act. I was one of the have put in statute a set of net neu- by large multinational corporations conferees on that act. And they are trality rules and that would have de- deciding which Internet you have your using this as a way to advance tele- finitively, through statute, removed own access to. Seventy percent of communications capability, saying the threat of title II classification. Un- American families only choose between they have the authority. But they fortunately, that legislation was one or two broadband providers. For can’t rely on 706 because as the agency blocked by Republicans in the House. them to have access to the Internet, has previously acknowledged, acknowl- So, again, I think when Mr. WALDEN not the Internet minus like they have edged themselves, section 706 is not an mentioned that there were some folks in China, not the Internet minus that independent source of authority, be- on the broadband side that might have too many Americans could face if we cause 706 talks of removing barriers to been coerced into supporting some- don’t encode open Internet regulations infrastructure investment, but the thing, fearing that there would be a into rule or law, if we want to retain rules themselves will erect barriers to threat of title II reclassification, it was that access we need to make sure that investment. the activities of Republicans that spe- the value of the Internet and the dyna- So the FCC’s claim simply stretches cifically prevented the removal of that mism that is created by the content the authority under these provisions. title II reclassification threat. And,

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 5, 2011 CONGRESSIONAL RECORD — HOUSE H2311 again, I would like to point to remarks Today’s action by the Republicans So we have a solution to a problem by many investment bankers that it short circuits that process and imposes that doesn’t exist using authority that has not been seen as any serious regu- simplistic, highly ideological solutions doesn’t exist, and where does this lead latory overhang with regard to the on what is actually a complex issue us? valuation of stocks in that area be- that has shared ideals for preserving a I want to read to you, Mr. Speaker, cause there is no effort to move for- free Internet, free of government in- from the FCC order dated December 21 ward with title II regulation. volvement. We can find bipartisan con- of last year: Finally, we decline to Obviously, with regard to this mat- sensus. apply our rules directly to coffee shops, ter, if it’s creating, somehow, this The FCC order came close to striking bookstores, airlines, and other entities much controversy around what should that correct balance, far closer than that acquire their Internet service be noncontroversial rules enshrined the status quo. That’s why it’s sup- from a broadband provider. into place the current free and open ported by Internet service providers Although broadband providers that Internet policies that have seldom been themselves, consumers groups, the offer such services are subject to these violated, but we fear might be violated high-tech community, content pro- rules, we note that addressing traffic is more in the future, if that’s provoking viders, and faith-based organizations. a legitimate network management pur- this kind of discussion, even though all We must keep the Internet free by al- pose for these premise operators. the major stakeholders discuss it, you lowing the FCC to move forward with Authority that does not exist and the can imagine what type of discussion the open Internet role, and we should FCC says, in its benevolence, in its be- would ensue if there was a serious ef- be debating this on an H.R. bill under nevolence, that at this time it chooses, fort to reclassify under title II. an open rule. I encourage my col- it chooses, Mr. Speaker, not to regu- Mr. STEARNS also mentioned that leagues to support the open Internet by late the way that coffee shops, book- maybe the committee will begin work opposing the previous question and this stores, and airlines provide Internet on what type of statutes we might rule. service to their customers. have. Certainly, specifically, I am curi- I have no further requests for time, Folks, this is the camel’s nose under and I yield back the balance of my ous. I asked Mr. WALDEN as well yester- the tent. That is why we have to be time. day if the committee would consider vigilant. It doesn’t matter if we like Mr. WOODALL. Mr. Speaker, I yield no-blocking rules, would the com- the underlying rule. It doesn’t matter myself such time as I may consume. mittee consider transparency require- There is a promo out these days for a if the authority does not exist, Mr. ments, do they think that they, in fact, new television show that’s coming on. Speaker. could do a better job than the FCC and It’s about the CIA and chronicles the We are obligated as one of three that this body, with its vast knowledge fellow’s first day at the job at the CIA. branches of government, we are obli- of the Internet and DNS architecture, He walks in and he looks around and he gated to step in where regulatory au- would do a better job than the FCC. can’t believe the disarray that he sees thority exceeds its bounds. Now, as we I think, you know, one of the clear there. And his senior adviser there have said, the courts have already things that I would like to see and I steps up and he says, son, have you looked at this decision and decided, as think this body would like to see, and ever walked into a post office and said, we have, that the FCC does not have why I oppose this rule, is if we are my gosh, I have stepped into the fu- authority to act in this area, solution talking about repealing the FCC’s ture? to a problem that doesn’t exist, using rules, what is the work product of this And the answer is, no, the govern- authority that it doesn’t have that body? What is the replace? It’s repeal ment is not the location where innova- starts to pave the way to regulate cof- and replace. tion thrives. fee shops, airlines and bookstores. I think there has been some acknowl- To hear this conversation today Mr. Speaker, this is a simple rule for edgment. In fact, the gentleman from about how we need government regula- a simple bill. We have talked so much Florida (Mr. STEARNS) mentioned that tion to protect the Internet, Mr. about 2,000-page bills with lots of hid- the committee might work on some of Speaker, we need to protect the Inter- den consequences. We have talked these areas. What is that proposed net from government regulation, and broadband section 1099 of the health body of work? Why are we not looking that’s why we are here today with this care act now being repealed and passed at repeal and replace and what we are underlying resolution. now by the Senate and going on to the replacing it with. Is it going to be simi- This FCC proposal is a solution to a President’s desk. I want to read to you lar to former Chairman WAXMAN’s net problem that doesn’t exist. To quote this bill in its entirety if you will per- neutrality bill of last year? Are there my friend from Colorado, as he was mit me the time: substantial changes that have—buy-in quoting the investment banks, these ‘‘Resolved by the Senate and House across the aisle? official rules are around what is al- of Representatives of the United States Can we do better? Frankly, I’m skep- ready being done in the private sector. of America in Congress assembled, tical. But if the gentleman would like It’s a solution to a problem that That Congress disapproves the rules to advance the work product of his doesn’t exist. submitted by the Federal Communica- committee and come forward with a Mr. Speaker, it’s a solution to a prob- tions Commission relating to the mat- clear decision between what we would lem that doesn’t exist using authority ter of preserving the open Internet and be replacing it with, I would be cer- that the FCC does not have. It’s inter- broadband industry practices, and such tainly open to seeing if, in fact, the esting being down here today, as my rule shall have no force or effect.’’ work product of the committee is bet- colleague from Colorado talks about 1330 ter than the work product of the FCC all the big businesses that have bought b with regard to this matter. in and all the investment banks that That’s it. That’s it, eight lines, ‘‘no Mr. Speaker, the Internet has been of bought in. force or effect.’’ immense value to mankind, to Amer- I have to say I don’t give two hoots Mr. Speaker, I urge strong support ica, to me personally and to all of us that big business and investment banks from my colleagues for this rule that personally. It’s contributed to our cul- have bought in. If the authority does will then bring to the floor H.J. Res. 37 ture, our economic advancement, to not exist to do it, then it should not be and allow, in its brevity, its complete the flow of free ideas. done. Over and over again, Mr. Speak- and total consideration. We should not trade the freedom of er, we hear from this administration I yield back the balance of my time, the Internet, the freedom of the Inter- about how they can help, how they can and I move the previous question on net has been an open, superhighway for help to solve problems, problems that the resolution. a toll road controlled by and for Inter- exist and apparently now problems The SPEAKER pro tempore. The net service providers alone. There is a that don’t exist. question is on ordering the previous balance to be struck, and the process of If the authority does not exist, they question. finding that balance is under way by cannot be allowed to regulate in this The question was taken; and the thoughtful people in an open and inclu- area, and that’s why the subcommittee Speaker pro tempore announced that sive process. has brought this forward. the ayes appeared to have it.

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2312 CONGRESSIONAL RECORD — HOUSE April 5, 2011 Mr. POLIS. Mr. Speaker, on that I Wolf Woodall Young (AK) MOMENT OF SILENCE IN REMEM- demand the yeas and nays. Womack Yoder Young (IN) BRANCE OF MEMBERS OF The yeas and nays were ordered. NAYS—175 ARMED FORCES AND THEIR FAMILIES The SPEAKER pro tempore. Pursu- Ackerman Green, Al Pastor (AZ) ant to clause 8 and clause 9 of rule XX, Altmire Green, Gene Payne The SPEAKER pro tempore. The this 15-minute vote on ordering the Andrews Grijalva Pelosi Chair would ask all present to rise for previous question will be followed by 5- Baca Gutierrez Perlmutter the purpose of a moment of silence. Baldwin Hanabusa Peters minute votes on adoption of the resolu- Barrow Hastings (FL) Pingree (ME) The Chair asks that the House now tion, if ordered; and approval of the Bass (CA) Heinrich Polis observe a moment of silence in remem- Journal, if ordered. Becerra Higgins Price (NC) brance of our brave men and women in The vote was taken by electronic de- Berkley Himes Quigley uniform who have given their lives in Berman Hinojosa Rahall vice, and there were—yeas 241, nays Bishop (GA) Hirono Rangel the service of our Nation in Iraq and in 175, not voting 16, as follows: Bishop (NY) Holt Reyes Afghanistan, and their families, and all [Roll No. 226] Blumenauer Honda Richardson who serve in our Armed Forces and Boswell Hoyer Richmond their families. YEAS—241 Brady (PA) Inslee Ross (AR) Adams Gibson Murphy (PA) Braley (IA) Israel Rothman (NJ) f Aderholt Gingrey (GA) Myrick Brown (FL) Jackson (IL) Roybal-Allard Akin Gohmert Neugebauer Butterfield Jackson Lee Ruppersberger PROVIDING FOR CONSIDERATION Alexander Goodlatte Noem Capps (TX) Rush OF H.J. RES. 37, DISAPPROVING Amash Gosar Nugent Capuano Johnson (GA) Ryan (OH) FCC INTERNET AND BROADBAND Austria Gowdy Nunes Cardoza Johnson, E. B. Sa´ nchez, Linda REGULATIONS Bachmann Granger Nunnelee Carnahan Kaptur T. Bachus Graves (GA) Olson Carney Keating Sarbanes The SPEAKER pro tempore. Without Barletta Graves (MO) Palazzo Carson (IN) Kildee Schakowsky Bartlett Griffin (AR) Paul objection, 5-minute voting will con- Castor (FL) Kissell Schiff tinue. Barton (TX) Griffith (VA) Paulsen Chandler Kucinich Schrader Bass (NH) Grimm Pearce Chu Langevin Scott (VA) There was no objection. Benishek Guinta Pence Cicilline Larsen (WA) Scott, David The SPEAKER pro tempore. The Berg Guthrie Peterson Biggert Hall Petri Clarke (MI) Larson (CT) Serrano question is on the resolution. Bilbray Hanna Pitts Clarke (NY) Lee (CA) Sewell The question was taken; and the Bilirakis Harper Platts Clay Levin Sherman Speaker pro tempore announced that Bishop (UT) Harris Poe (TX) Clyburn Lewis (GA) Shuler Black Hartzler Pompeo Cohen Loebsack Sires the ayes appeared to have it. Blackburn Hastings (WA) Posey Connolly (VA) Lofgren, Zoe Slaughter Mr. POLIS. Mr. Speaker, on that I Bonner Hayworth Price (GA) Conyers Lowey Smith (WA) demand the yeas and nays. Bono Mack Heck Quayle Costello Luja´ n Speier The yeas and nays were ordered. Boren Heller Reed Critz Lynch Stark Boustany Hensarling Rehberg Crowley Maloney Sutton The SPEAKER pro tempore. This is a Brady (TX) Herger Reichert Cuellar Markey Thompson (CA) 5-minute vote. Brooks Herrera Beutler Renacci Cummings Matheson Thompson (MS) The vote was taken by electronic de- Broun (GA) Huelskamp Ribble Davis (CA) Matsui Tierney Buchanan Huizenga (MI) Rigell vice, and there were—yeas 241, nays Davis (IL) McCarthy (NY) Tonko 178, not voting 13, as follows: Bucshon Hultgren Rivera DeFazio McCollum Towns Buerkle Hunter Roby DeGette McDermott Tsongas [Roll No. 227] Burgess Hurt Roe (TN) DeLauro McGovern Vela´ zquez Burton (IN) Issa Rogers (AL) YEAS—241 Deutch McIntyre Visclosky Calvert Jenkins Rogers (KY) Adams Costa Guthrie Dicks McNerney Walz (MN) Camp Johnson (IL) Rogers (MI) Aderholt Cravaack Hall Dingell Michaud Wasserman Campbell Johnson (OH) Rohrabacher Akin Crawford Hanna Doggett Miller (NC) Schultz Canseco Johnson, Sam Rokita Alexander Crenshaw Harper Donnelly (IN) Miller, George Waters Cantor Jones Rooney Amash Culberson Harris Doyle Moore Watt Capito Jordan Ros-Lehtinen Austria Davis (KY) Hartzler Carter Kelly Roskam Edwards Moran Waxman Bachmann Denham Hastings (WA) Cassidy King (IA) Ross (FL) Ellison Murphy (CT) Weiner Barletta Dent Hayworth Chabot King (NY) Royce Eshoo Nadler Welch Bartlett DesJarlais Heck Chaffetz Kingston Runyan Farr Napolitano Wilson (FL) Barton (TX) Diaz-Balart Heller Coble Kinzinger (IL) Ryan (WI) Fattah Neal Woolsey Bass (NH) Dold Hensarling Coffman (CO) Kline Scalise Filner Olver Wu Benishek Dreier Herger Cole Labrador Schilling Frank (MA) Owens Yarmuth Berg Duffy Herrera Beutler Conaway Lamborn Schmidt Fudge Pallone Biggert Duncan (SC) Huelskamp Costa Lance Schock Gonzalez Pascrell Bilbray Duncan (TN) Huizenga (MI) Cravaack Landry Schweikert Bilirakis Ellmers Hultgren Crawford Lankford Scott (SC) Bishop (UT) Emerson NOT VOTING—16 Hunter Crenshaw Latham Scott, Austin Black Farenthold Hurt Culberson LaTourette Sensenbrenner Cleaver Giffords Sanchez, Loretta Blackburn Fincher Issa Davis (KY) Latta Sessions Cooper Hinchey Schwartz Bonner Fitzpatrick Jenkins Denham Lewis (CA) Shimkus Courtney Holden Van Hollen Bono Mack Flake Johnson (IL) Dent LoBiondo Shuster Engel Kind Young (FL) Boren Fleischmann Johnson (OH) DesJarlais Long Simpson Frelinghuysen Lipinski Boustany Fleming Johnson, Sam Diaz-Balart Lucas Smith (NE) Garamendi Meeks Brady (TX) Flores Dold Luetkemeyer Smith (NJ) Brooks Forbes Jones Dreier Lummis Smith (TX) Jordan 1355 Broun (GA) Fortenberry Duffy Lungren, Daniel Southerland Buchanan Foxx Kelly Duncan (SC) E. Stearns Ms. TSONGAS, Ms. WOOLSEY, Bucshon Franks (AZ) King (IA) Duncan (TN) Mack Stivers Buerkle Gallegly King (NY) Ellmers Manzullo Stutzman Messrs. CONYERS and GUTIERREZ Burgess Gardner Kingston Emerson Marchant Sullivan changed their vote from ‘‘yea’’ to Burton (IN) Garrett Kinzinger (IL) Farenthold Marino Terry ‘‘nay.’’ Calvert Gerlach Kline Fincher McCarthy (CA) Thompson (PA) Camp Gibbs Labrador Fitzpatrick McCaul Thornberry Mr. LATOURETTE changed his vote Campbell Gibson Lamborn Flake McClintock Tiberi Canseco Gingrey (GA) Lance Fleischmann McCotter Tipton from ‘‘nay’’ to ‘‘yea.’’ Cantor Gohmert Landry Fleming McHenry Turner So the previous question was ordered. Capito Goodlatte Lankford Flores McKeon Upton Carter Gosar Latham Forbes McKinley Walberg The result of the vote was announced Cassidy Gowdy LaTourette Fortenberry McMorris Walden as above recorded. Chabot Granger Latta Foxx Rodgers Walsh (IL) Chaffetz Graves (GA) Lewis (CA) Franks (AZ) Meehan Webster Stated against: Coble Graves (MO) LoBiondo Gallegly Mica West Coffman (CO) Griffin (AR) Long Gardner Miller (FL) Westmoreland Ms. SCHWARTZ. Mr. Speaker, on rollcall Cole Griffith (VA) Lucas Garrett Miller (MI) Whitfield No. 226, had I been present, I would have Conaway Grimm Luetkemeyer Gerlach Miller, Gary Wilson (SC) Conyers Guinta Lummis Gibbs Mulvaney Wittman voted ‘‘nay.’’

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 5, 2011 CONGRESSIONAL RECORD — HOUSE H2313 Lungren, Daniel Pitts Sessions NOT VOTING—13 Latham Paul Sensenbrenner E. Platts Shimkus LaTourette Paulsen Serrano Bachus Giffords Sanchez, Loretta Mack Poe (TX) Shuler Latta Payne Sessions Cooper Hinchey Terry Manzullo Pompeo Shuster Levin Pearce Sewell Engel Holden Young (FL) Marchant Posey Lewis (CA) Pence Sherman Simpson Frelinghuysen Kind Marino Price (GA) Lewis (GA) Petri Smith (NE) Garamendi Meeks Shimkus McCarthy (CA) Quayle Smith (NJ) Lofgren, Zoe Pingree (ME) Shuler McCaul Reed Smith (TX) Long Pitts Shuster b 1403 Lowey Platts McClintock Rehberg Southerland Simpson McCotter Reichert Lucas Polis Stearns So the resolution was agreed to. Smith (NE) McHenry Renacci Luetkemeyer Pompeo Stivers Smith (NJ) McKeon Ribble The result of the vote was announced Luja´ n Posey Stutzman Smith (TX) McKinley Rigell as above recorded. Lummis Price (GA) Smith (WA) McMorris Rivera Sullivan A motion to reconsider was laid on Lungren, Daniel Price (NC) Thompson (PA) Southerland Rodgers Roby the table. E. Quayle Speier Thornberry Lynch Quigley Meehan Roe (TN) Stearns Tiberi Mack Rangel Mica Rogers (AL) f Stutzman Miller (FL) Rogers (KY) Tipton Manzullo Rehberg Sullivan Miller (MI) Rogers (MI) Turner Marino Reichert THE JOURNAL Thompson (PA) Miller, Gary Rohrabacher Upton Markey Reyes Thornberry Mulvaney Rokita Walberg The SPEAKER pro tempore. Pursu- Matheson Ribble Tiberi Murphy (PA) Rooney Walden McCarthy (CA) Richardson ant to clause 8 of rule XX, the unfin- Tierney Myrick Ros-Lehtinen McCarthy (NY) Richmond Walsh (IL) ished business is the question on agree- Tonko Neugebauer Roskam McCaul Rigell Webster Towns Noem Ross (FL) West ing to the Speaker’s approval of the McClintock Rivera Nugent Royce Journal, which the Chair will put de McCollum Roby Tsongas Westmoreland Turner Nunes Runyan Whitfield novo. McHenry Roe (TN) Nunnelee McIntyre Rogers (AL) Upton Ryan (WI) Wilson (SC) Olson Scalise The question is on the Speaker’s ap- McKeon Rogers (KY) Van Hollen Wittman Palazzo Schilling proval of the Journal. McMorris Rogers (MI) Walberg Wolf Paul Schmidt Rodgers Rohrabacher Walden Womack The question was taken; and the Walsh (IL) Paulsen Schock Speaker pro tempore announced that McNerney Rokita Pearce Schweikert Woodall Meehan Rooney Walz (MN) Pence Scott (SC) Yoder the ayes appeared to have it. Mica Ros-Lehtinen Wasserman Young (AK) Schultz Peterson Scott, Austin RECORDED VOTE Michaud Roskam Petri Sensenbrenner Young (IN) Miller (FL) Ross (AR) Waters Mr. CONNOLLY of Virginia. Mr. Miller, Gary Ross (FL) Watt NAYS—178 Speaker, I demand a recorded vote. Moran Rothman (NJ) Waxman A recorded vote was ordered. Mulvaney Royce Webster Ackerman Green, Al Pastor (AZ) Murphy (CT) Runyan Welch Altmire Green, Gene Payne The vote was taken by electronic de- Murphy (PA) Ruppersberger West Andrews Grijalva Pelosi vice, and there were—ayes 310, noes 104, Myrick Rush Westmoreland Baca Gutierrez Perlmutter answered ‘‘present’’ 1, not voting 17, as Nadler Scalise Whitfield Baldwin Hanabusa Peters follows: Neugebauer Schiff Wilson (FL) Barrow Hastings (FL) Pingree (ME) Noem Schmidt Wilson (SC) Bass (CA) Heinrich Polis [Roll No. 228] Nugent Schock Wittman Becerra Higgins Price (NC) AYES—310 Nunes Schrader Wolf Berkley Himes Quigley Nunnelee Schwartz Womack Berman Hinojosa Rahall Ackerman Chandler Goodlatte Olson Schweikert Woodall Bishop (GA) Hirono Adams Cicilline Gosar Rangel Owens Scott (SC) Woolsey Bishop (NY) Holt Aderholt Clay Gowdy Reyes Palazzo Scott (VA) Yarmuth Blumenauer Honda Akin Cleaver Granger Richardson Pallone Scott, Austin Yoder Boswell Hoyer Alexander Coble Graves (GA) Richmond Pascrell Scott, David Young (IN) Brady (PA) Inslee Austria Coffman (CO) Green, Al Braley (IA) Israel Ross (AR) Baca Cole Griffin (AR) NOES—104 Brown (FL) Rothman (NJ) Bachmann Conaway Jackson (IL) Grimm Altmire Gerlach Miller (NC) Butterfield Roybal-Allard Bachus Connolly (VA) Jackson Lee Guinta Andrews Graves (MO) Miller, George Capps Ruppersberger Barletta Conyers (TX) Guthrie Baldwin Green, Gene Moore Capuano Rush Barrow Courtney Johnson (GA) Hanabusa Bass (CA) Griffith (VA) Napolitano Cardoza Ryan (OH) Bartlett Crawford Johnson, E. B. Harper Becerra Gutierrez Olver Carnahan Sa´ nchez, Linda Barton (TX) Crenshaw Kaptur Hartzler Bilbray Hall Pastor (AZ) Carney T. Bass (NH) Critz Keating Hastings (WA) Bishop (NY) Hanna Pelosi Carson (IN) Sarbanes Benishek Crowley Kildee Hayworth Boswell Harris Perlmutter Castor (FL) Schakowsky Berg Davis (CA) Kissell Heinrich Brady (PA) Hastings (FL) Peters Chandler Schiff Berkley Davis (IL) Kucinich Hensarling Burgess Heck Peterson Chu Berman Davis (KY) Langevin Schrader Herger Capps Heller Poe (TX) Cicilline Biggert DeGette Larsen (WA) Schwartz Higgins Capuano Herrera Beutler Rahall Clarke (MI) Bilirakis DeLauro Larson (CT) Scott (VA) Himes Cardoza Hinojosa Reed Clarke (NY) Bishop (GA) Denham Lee (CA) Scott, David Hirono Chu Holt Renacci Clay Bishop (UT) DesJarlais Levin Serrano Huelskamp Clarke (MI) Honda Roybal-Allard Cleaver Black Deutch Lewis (GA) Sewell Huizenga (MI) Clarke (NY) Hoyer Ryan (OH) Clyburn Blackburn Diaz-Balart Lipinski Sherman Hultgren Clyburn Hunter Sa´ nchez, Linda Cohen Blumenauer Dingell Loebsack Sires Hurt Cohen Inslee T. Connolly (VA) Bonner Doggett Lofgren, Zoe Slaughter Issa Costa Israel Sarbanes Costello Bono Mack Doyle Lowey Smith (WA) Jackson Lee Costello Jackson (IL) Schakowsky Courtney ´ Boren Dreier Lujan Speier (TX) Cravaack Keating Schilling Critz Boustany Duncan (SC) Lynch Stark Jenkins Cuellar Kinzinger (IL) Sires Crowley Maloney Brady (TX) Duncan (TN) Johnson (GA) Sutton Cummings Kucinich Slaughter Cuellar Markey Braley (IA) Edwards Johnson (IL) Thompson (CA) DeFazio Lee (CA) Stark Cummings Matheson Brooks Ellison Johnson (OH) Thompson (MS) Dent Lipinski Stivers Davis (CA) Matsui Broun (GA) Ellmers Johnson, E. B. Tierney Dicks LoBiondo Sutton Davis (IL) McCarthy (NY) Brown (FL) Emerson Johnson, Sam Tonko Dold Loebsack Terry DeFazio Buchanan Eshoo McCollum Jones Donnelly (IN) Maloney Thompson (CA) DeGette Towns Bucshon Farenthold McDermott Jordan Duffy Marchant Thompson (MS) DeLauro Tsongas Buerkle Fattah McGovern Kaptur Farr Matsui Tipton Deutch McIntyre Van Hollen Burton (IN) Fincher Kelly ´ Filner McCotter Vela´ zquez Dicks Velazquez Butterfield Flake McNerney Kildee Fitzpatrick McDermott Visclosky Dingell Visclosky Calvert Fleischmann Michaud King (IA) Foxx McGovern Weiner Doggett Walz (MN) Camp Fleming Miller (NC) King (NY) Fudge McKinley Wu Donnelly (IN) Wasserman Campbell Flores Miller, George Kingston Gardner Miller (MI) Young (AK) Doyle Moore Schultz Canseco Forbes Kissell Edwards Moran Waters Cantor Fortenberry Kline ANSWERED ‘‘PRESENT’’—1 Ellison Murphy (CT) Watt Capito Frank (MA) Labrador Amash Eshoo Nadler Waxman Carnahan Franks (AZ) Lamborn Farr Napolitano Weiner Carney Gallegly Lance NOT VOTING—17 Fattah Neal Welch Carson (IN) Garrett Landry Filner Olver Wilson (FL) Cassidy Gibbs Langevin Carter Frelinghuysen Grijalva Frank (MA) Owens Woolsey Castor (FL) Gibson Lankford Cooper Garamendi Hinchey Fudge Pallone Wu Chabot Gingrey (GA) Larsen (WA) Culberson Giffords Holden Gonzalez Pascrell Yarmuth Chaffetz Gonzalez Larson (CT) Engel Gohmert

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2314 CONGRESSIONAL RECORD — HOUSE April 5, 2011 Kind Neal Sanchez, Loretta testified before the House Sub- funded in the past. And we certainly cannot Meeks Ryan (WI) Young (FL) committee on Foreign Operations. In continue to fund programs that are duplica- his testimony he stated, and I quote, tive and wasteful.’’ b 1411 Granger said she would support USAID So the Journal was approved. ‘‘We estimate, and I believe these are programs that have national security impli- The result of the vote was announced very conservative estimates, that H.R. cations or contribute to the ongoing mis- as above recorded. 1 would lead to 70,000 kids dying.’’ This sions in Iraq, Afghanistan, and Pakistan. Her means, conservatively speaking, that Democratic counterpart, Rep. Nita Lowey f the GOP budget cuts could result in (D–NY), said that national security is threat- PERSONAL EXPLANATION the deaths of 70,000 children around the ened by instability in other parts of the world from disease, from hunger, from world as well. Mr. CONYERS. Mr. Speaker, I inadvertently ‘‘Drastic cuts to USAID would risk a great lack of basic immunizations, mosquito deal in stability and security around the voted ‘‘yes’’ on rollcall votes 226 and 227. It nets, and food. was my intention to vote ‘‘no’’ on both votes. world which could spawn the kinds of threats These callous and brutal cuts are not that cost this country the lives of men and f only a stain on the moral conscience of women in uniform and billions in treasure,’’ this House; they directly undermine she said. RESIGNATIONS AS MEMBER OF our national security and our economic Shah argued that foreign assistance is cru- COMMITTEE ON THE JUDICIARY future. Over 23,000 people from faith cial to the long term economic recovery be- AND COMMITTEE ON TRANSPOR- groups and other organizations are cause it helps develop markets for American TATION AND INFRASTRUCTURE goods. fasting in protest of these draconian ‘‘USAID’s work also strengthens America’s The SPEAKER pro tempore laid be- cuts. Join them at www.hungerfast.org. economic security. By establishing links to fore the House the following resigna- I urge my colleagues to restore funding consumers at the bottom of the pyramid, we tion as a member of the Committee on for these humanitarian and develop- effectively position American countries to the Judiciary and the Committee on ment programs. The lives of 70,000 chil- enter more markets and sell more goods in Transportation and Infrastructure: dren are at stake. the economies of the future, promoting ex- ports and creating American jobs,’’ he said. CONGRESS OF THE UNITED STATES, SHAH: GOP BUDGET WOULD KILL 70,000 HOUSE OF REPRESENTATIVES, CHILDREN f Washington, DC, April 5, 2011. (Posted by Josh Rogin, March 31, 2011) FAREWELL TO MARK GAGE Speaker JOHN BOEHNER, The United States Capitol, As Congress struggles to negotiate a budg- (Ms. ROS-LEHTINEN asked and was Washington, DC. et deal to keep the government running, the given permission to address the House head of the U.S. Agency for International DEAR SPEAKER BOEHNER: I write to inform for 1 minute and to revise and extend you that effective immediately I am resign- Development (USAID) told lawmakers Wednesday that the GOP version of the her remarks.) ing from the House Judiciary Committee and Ms. ROS-LEHTINEN. Mr. Speaker, I will be taking a leave of absence from the budget bill would result in the deaths of at least 70,000 children who depend on American rise today to express my appreciation House Transportation and Infrastructure to Mark Gage of our Foreign Affairs Committee to join the House Committee on food and health assistance around the world. ‘‘We estimate, and I believe these are very Rules. If you have any questions please con- Committee staff for his guidance, his conservative estimates, that H.R. 1 would tact me directly or your staff can contact insight, and his counsel throughout the lead to 70,000 kids dying,’’ USAID Adminis- Steve Pfrang, my Legislative Director. years. trator Rajiv Shah testified before the House Sincerely, After a distinguished career in the Appropriations State and Foreign Ops sub- TOM REED, House, which started with Congress- committee. Member of Congress. ‘‘Of that 70,000, 30,000 would come from ma- man Solomon’s office in 1981 as an in- The SPEAKER pro tempore. Without laria control programs that would have to be tern and 5 years as a political ap- objection, the resignations are accept- scaled back specifically. The other 40,000 is pointee at the Department of State, ed. broken out as 24,000 would die because of a Mark has decided to retire from gov- There was no objection. lack of support for immunizations and other ernment service. investments and 16,000 would be because of a Our committee will be losing an im- f lack of skilled attendants at birth,’’ he said. mense talent and a dedicated public ELECTING A MEMBER TO A CER- The Republican bill, known as H.R. 1, was servant, someone driven by an unwav- passed by the House, and would fund the gov- TAIN STANDING COMMITTEE OF ernment for the rest of fiscal 2011. It would ering commitment to doing what is THE HOUSE OF REPRESENTA- effectively cut 16 percent from the Obama right for our Nation and by the Mem- TIVES administration’s original fiscal 2011 request bers that he has served throughout the Mr. ROSKAM. Mr. Speaker, by direc- for the international affairs account. last three decades. Mark’s expertise tion of the Republican Conference, I Rep. Jesse Jackson Jr. (D–IL) pointed out and sharp wit will be sorely missed. that H.R. 1 would provide $430 million for the I wish Mark a wonderful retirement send to the desk a privileged resolution International Disaster Assistance (IDA) ac- and ask for its immediate consider- with his lovely wife, Linda, and their count, which is 50 percent below the presi- three terrific dogs. ation. dent’s fiscal 2011 request and 67 percent The Clerk read the resolution, as fol- below fiscal 2010 levels. f lows: Shah said that such a cut ‘‘would be, real- UCONN HUSKIES: 2011 NATIONAL ly, the most dramatic stepping back away H. RES. 202 CHAMPIONS from our humanitarian responsibilities Resolved, That the following named Mem- around the world in decades.’’ The IDA ac- (Mr. COURTNEY asked and was ber be and is hereby elected to the following count supports 1.6 million people in Darfur, given permission to address the House standing committee of the House of Rep- so halving the account would place 800,000 for 1 minute.) resentatives: people at risk, he said. Mr. COURTNEY. Mr. Speaker, I rise (1) COMMITTEE ON RULES.—Mr. Reed. ‘‘[T]his would lead to a significant amount to congratulate Coach Jim Calhoun The resolution was agreed to. of reduction in feeding programs, medical and the UConn men’s basketball team A motion to reconsider was laid on programs and food and water programs for for their win last night. That is the the table. people who are incredibly vulnerable,’’ he added. third national championship under f Shah was also testifying in defense of the Coach Calhoun, who hails from the administration’s fiscal 2012 budget request, Second Congressional District of east- HUNGER-FAST COALITION: GLOBAL which also faces the axe on Capitol Hill. Sub- ern Connecticut. FOOD SECURITY IS A NATIONAL committee Chairwoman Kay Granger (R–TX) This was a remarkable year. When PRIORITY opened the hearing by announcing that the the season started, they weren’t even (Mr. MCGOVERN asked and was administration’s fiscal 2012 request was dead on the top 68 by Sports Illustrated. But given permission to address the House on arrival. under the leadership of Kemba Walker, ‘‘While I understand the value of many of for 1 minute and to revise and extend these important programs, the funding re- three freshmen and a sophomore, they his remarks.) quest for next year is—is truly unrealistic in defied the odds, won 11 consecutive sin- Mr. MCGOVERN. Mr. Speaker, last today’s budget environment,’’ she said. ‘‘We gle-elimination games over the last 20- week USAID Administrator Raj Shah simply cannot fund everything that has been some-odd days, and prevailed last night

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 5, 2011 CONGRESSIONAL RECORD — HOUSE H2315 against a great Butler Bulldog team ruary, the House performed its duty COME TOGETHER FOR THE NEXT led by a great young coach, Coach Ste- and passed a long-term spending bill GENERATION vens. that represents tough but necessary (Mr. KINGSTON asked and was given Again, congratulations to Coach Cal- choices we must take. Even if we all permission to address the House for 1 houn, who is a great leader in the State agree a program is efficient and need- minute and to revise and extend his re- of Connecticut and a great leader for ed, we can’t spend money we don’t marks.) student athletes. have. At a time when the Federal Gov- Mr. KINGSTON. Mr. Speaker, Amer- Go Huskies. ernment is borrowing 40 cents of every ica is at a huge crossroads right now. f dollar, we must be responsible stewards We’re in a situation that whenever we OUR FISCAL PROBLEMS of the taxpayers’ dollars in a manner spend $1, 40 cents of it is borrowed. Our that ensures the long-term promises (Mr. LANKFORD asked and was national debt is about 95 percent of our and commitments the government has given permission to address the House GDP. We are losing our edge as a global made to the American people are met for 1 minute.) leader. It hurts our job creation, it Mr. LANKFORD. Mr. Speaker, I rise and fulfilled. smothers the private sector, and it de- to discuss the debt we are dealing with It’s time the Senate leadership do nies you and me of some of our basic as a Nation. It is time to stop ignoring what’s right. We still have a govern- freedoms; because the bigger the gov- the debt problem that we have in ment to run and cannot adequately ernment gets, the smaller your per- America. deal with a 2012 budget if last year’s sonal freedom gets. The budget we released this morning business is left hanging in the wind. That’s why the budget that has been is focused on solving our fiscal prob- f introduced today is so worthy of a lems, not scoring political points. Key strong debate by both of us—both par- elements: fiscal responsibility; under- DRILLING FOR BRAZIL BUT NOT ties, that is. This is about the next gen- standing this is not our money; it’s FOR US eration, not about the next election. I owned by the American people; finding (Mr. POE of Texas asked and was urge my Democrat friends and my Re- common ground with the President’s given permission to address the House publican friends to come together and debt commission and bipartisan CBO for 1 minute.) do the best thing for the United States proposals. We have some areas where Mr. POE of Texas. Mr. Speaker, the of America, not just for partisan poli- we’ve agreed, and those areas are in- President says that he wants to cut the tics of the day. cluded. country’s oil imports by one-third over We are Americans. We can do better. Shocking as it may seem, conserv- the next 10 years. Well, that’s fantastic We can get this job done, and we must atives have also included some prac- and well-timed for the announcement get this job done. tical solutions to solve our long-term of his reelection campaign yesterday. f systemic issues with entitlements and But let’s face reality. Gasoline is up to b 1420 welfare. Our focus was to protect pro- $4 a gallon. Americans don’t want to grams that are working, encourage hear about what’s going to happen 10 REVERSE ROBIN HOOD work for every person who’s able to years from now. (Ms. BROWN of Florida asked and work, and set a course for future eco- The President’s answer to the energy was given permission to address the nomic stability. crisis and $4 gasoline is to give money House for 1 minute and to revise and It’s also focused on cutting spending. to Brazil while at the same time extend her remarks.) Raising taxes on Americans to fund stonewalling drilling in our gulf. Why Ms. BROWN of Florida. Mr. Speaker, more government would be like a fam- are we doing that? today in the VA we had a hearing on ily running up a huge credit card bill Instead of propping up energy compa- how would the shutdown affect the vet- and then going to their boss at work to nies in Brazil and letting them drill off erans. You know, you can tell some- tell them they need a raise to pay off their coast, let’s keep jobs and money thing about a country or an organiza- their credit card. Their boss would in America and drill off of our coasts tion as to how they spend their money. most likely respond, You don’t need a and on our land. Let’s develop our own In December, when we gave $700 bil- raise. You’ll just spend more. You need domestic energy instead of developing lion tax breaks to the richest people in to get your family on a budget and you Brazil’s. the world, then we are worrying about need to cut your spending to what’s ab- Are you in for that, Mr. President? in 2 or 3 months whether or not we are solutely necessary. That’s what we And that’s just the way it is. going to have money to pay for the vet- must do. erans’ pensions or their health care, it Some in Congress have already called f is unacceptable. It is unacceptable that this proposal extreme. Well, I’d have to REMEMBERING JOHN ADLER we continue to practice what I call re- tell you, I agree. I think this budget is verse Robin Hood, robbing from the extreme—extremely responsible, ex- (Mr. CONNOLLY of Virginia asked poor and working people to give tax tremely forward-thinking, and ex- and was given permission to address breaks to the rich. Unacceptable, Mr. tremely overdue. the House for 1 minute.) Speaker. Mr. CONNOLLY of Virginia. Mr. f Speaker, I rise today in honor of our f WE CAN’T SPEND MONEY WE departed colleague, John Adler of New CATCH ’EM IF YOU CAN DON’T HAVE Jersey. The SPEAKER pro tempore (Mr. (Mr. THOMPSON of Pennsylvania John Adler came into the Congress as RIBBLE). Under the Speaker’s an- asked and was given permission to ad- part of our freshman class in 2009. He nounced policy of January 5, 2011, the dress the House for 1 minute and to re- was an honorable public servant who gentleman from Texas (Mr. POE) is rec- vise and extend his remarks.) served 17 years in the New Jersey State ognized for 60 minutes as the designee Mr. THOMPSON of Pennsylvania. Senate and, before that, on the town of the majority leader. Mr. Speaker, despite the heated rhet- council of Cherry Hill, New Jersey. Mr. POE of Texas. Mr. Speaker, I oric over the fiscal year 2011 budget John brought a wealth of knowledge, want to address the third front that and the failure to responsibly address legislative expertise, but good humor, the United States is engaged in, and I our Nation’s $14 trillion debt, there is compassion, and a respect for his col- am not talking about the war in Libya. one simple truth that we should all leagues on both sides of the aisle. His I am talking about the border war on take away from this current budget bipartisanship, his compassion, his our southern front between the United standoff: Washington can no longer fail commitment to his community and es- States and Mexico, the war with the to deal with America’s looming debt pecially to his family will be sorely narcoterrorist gangs that are coming crisis as Americans continue to tighten missed. into the United States daily, bringing their belts and make ends meet. Our hearts go out to Shelley, his their wares into this country. Constitutionally, all spending bills wife, and his four children at this dif- Secretary of Homeland Security must originate in the House. In Feb- ficult time. Janet Napolitano recently said that

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2316 CONGRESSIONAL RECORD — HOUSE April 5, 2011 the border now is better than it ever and asked them that question: How statistics show that the total number has been. I take issue with that com- many people in your jail are foreign of criminal aliens in U.S. prisons is 27 ment for a lot of reasons. One, I have nationals charged with crimes? That percent. Now, we are talking about been to the southern border of the would be a State misdemeanor or a fel- some real numbers. We are talking United States, primarily in Texas with ony crime. This does not include immi- about all the Federal penitentiaries in the border with Mexico. Been there nu- gration violations. That’s a whole dif- the United States where people are merous times. I just recently got back ferent group of people. charged with crimes and convicted; 27 from the border at Arizona and Mexico. So how many people are in your jail, percent of our population in the Fed- What I saw does not look like a secure not people charged with immigration eral penal system are people who are border. Of course, she said it was better violations, but they are just charged criminal aliens. Now, if the border was than it ever has been, but that’s not with cross-border crime? And the an- secure, people wouldn’t come into the the question. swer is 34 percent are foreign nationals, United States illegally, commit The question is, is the border of the 34.5 percent to be exact. Now, think crimes, get caught, tried in Federal United States secure? And the answer about that number. Thirty-four per- courts, and go to Federal peniten- to that question, in my opinion, is, no, cent of the people in a local jail are tiaries. it is not secure. Let’s talk about this from foreign countries. And they are b 1430 issue. This issue has been around for a not just from Mexico; they are from all long time. There seems to be a lot said over. Because everybody in the world Yet, over one-fourth of the people we about it. But as my grandfather used to knows if you can get into Mexico, you house in the Federal prison system are say, when all is said and done, more is can get into the United States. in that category. So the question is, is said than done. And the border between You see, Mexico doesn’t protect its the border secure? And the answer is the United States and Mexico is not se- border any better than the United no, it is not secure. cure. I don’t know that it’s better than States does. So people all over the One-fourth of the people that are in- it ever has been. world go into Mexico, and they sneak carcerated in our prison system, in the There are problems on both sides of across into the United States. In these Federal prison system, are called the border. In my visits to the border, border county jails, 34 percent of those criminal aliens. It doesn’t sound like it is not just the people in Mexico who people are foreign nationals who have it’s a very secure border to me if those live in concern and fear for their own committed a crime and gotten caught people are able to come into the United safety about the narcoterrorists run- and are locked up in local jails. States. ning up and down the border with auto- Now, to say that there is not a crime While I am talking about the prison matic weapons, but it is people on the problem on the border is not reality be- system, let me give another scenario American side as well. cause, you see, if the border was se- that occurs, which is really frus- The National Border Patrol Council, cure—and that is the Federal Govern- trating. We have people who come into that’s the group that represents the ment’s job to secure the border—if the the United States, they commit Border Patrol agents, recently made border was secure, you wouldn’t have crimes, they are foreign nationals, the comment if the border was better these people coming into the United some are criminal aliens. They commit now than it ever has been, Agent Brian States committing crimes because crimes, they get convicted in a court Terry would not have been brutally they couldn’t get across, the ones that somewhere in the United States, either murdered by heavily armed Mexican are illegally crossing into the United a State court or a Federal court. They criminals operating over 13 miles in- States. And these are not rich coun- are sent to the State penitentiary or side the United States. That makes ties. These are poor counties. These the Federal penitentiary. While they quite the point. are incarcerated, serving their time, Just recently, in the last 24 hours, counties don’t have a lot of revenue. the system works very well because two Americans that live in Mexico but It’s very difficult for these counties to ICE comes in, puts a detainer on them work in the United States and have house and feed and take care of the for deportation, they have a deporta- worked in the United States for some medical issues of cross-border crime. tion hearing, so that as soon as they years were legally crossing at a regular But they are saddled with that respon- get out of the penitentiary, they are port of entry, and they were gunned sibility because the Federal Govern- supposed to be deported back to the down in Mexico while they were wait- ment does not protect the border of the country that they came from. That’s ing to cross into the United States. United States in an adequate manner. the way the system is supposed to Two Americans murdered. Of course, So the question is, is the border of when an American is murdered in Mex- the United States secure? The answer work, and it works like that sometimes ico the chances of anybody in Mexico to that question is, no, it is not. The but not all the time. Because, you see, being prosecuted are almost non- proof is in the statistics in this one there are some countries who won’t existent. area. take back their criminal aliens. Last year, 65 Americans were mur- Let’s spread it out a little bit fur- What do you mean they won’t take dered in Mexico. I know of no case ther. Let’s talk about the Federal pris- them back? Well, their criminal aliens where anybody in Mexico was held ac- on system. Now, the Federal prison come into our country, they commit a countable for those crimes, because the system is where people have been crime, they are sent to the peniten- crimes are out of control in Mexico. caught for a felony in the United tiary. While incarcerated, they are or- And to think that it does not affect the States and tried in a Federal court and dered to go back home as soon as they United States is living in never-never sent to a Federal penitentiary some- get out of the penitentiary. land. where across the entire United States. And when we get ready to deport This map here, I want to show some The Federal Government keeps up with them back from whence they came, statistics about the border counties in the number of people who are in Fed- their country says, Don’t send ’em Texas with Mexico. There are 14 border eral penitentiaries serving time that back to us—we don’t want ’em. I mean, counties in Texas that border Mexico. are criminal aliens. you know, they’ve got enough crimi- Every so often I will call the sheriffs of Now, that’s a different term. Foreign nals of their own, I guess. But they those 14 border counties and ask them nationals, that term, I use that term as refuse to take back their criminal this simple question: How many people a person from a foreign country, le- aliens. in your jail are foreign nationals? I am gally or illegally in the United States. Now, how many people are we talk- not asking the question how many are But the Federal Government keeps spe- ing about? The current number is legally or illegally in the United cific statistics on criminal aliens. A 140,000 of those people, 140,000 people States. You know, we can’t ask that criminal alien is a person that is ille- from foreign countries, committed question in States. We can only find gally in the United States, commits a crimes in the United States, ordered to out if the person is in the United crime, gets caught, gets convicted, and be deported back and their countries States from a foreign country. goes to the Federal penitentiary. refuse to take them back; 140,000. So recently, 2 weeks ago, I called the So how many people have we got like So what happens to them? Well, sheriffs, the 14 border sheriffs in Texas, that in the United States? The latest under our Constitution we just can’t

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 5, 2011 CONGRESSIONAL RECORD — HOUSE H2317 keep them in jail after they’ve served the southern border of the United year ago was murdered on his ranch, their time. So after 6 months, where States? And their answer is this: 44 per- apparently by illegals coming into the they are not deported after their time cent of the border is considered secure United States. He was gunned down is served, they are released into the but, really, only 15 percent of the bor- and killed. The culprits that com- United States because their country der is airtight. That means we will mitted that crime, by the way, have won’t take them back. catch you if you come across 15 percent not been brought to justice. Who are those countries? Well, there of this massive border. I met with other ranchers in the en- are a whole lot of them. The top five, So if 44 percent is somewhat secure, tire region and just asked them the you would never guess this, but China that means 56 percent of the border is question: Tell me what it’s like to live is in the top five, you know, our good controlled by somebody else. Who con- on the border of the United States and buddies, the Chinese, who own most of trols that portion of the border? It’s Mexico as a ranch owner. And they our debt, our great trading partners. not the United States. It’s not Mexico. went on forever and forever and told They don’t take back their criminal Who controls 56 percent of our south- me things that I was just really some- aliens. ern border? what surprised about, how they feel Other countries, Cuba, Vietnam, Ja- It seems like anybody who wants to like the border is wide open, that peo- maica and India, those are the top five cross controls it and, to my opinion, ple cross across their ranches. nations that refuse to take back their primarily it’s those narcoterrorists, People come in, they destroy their criminal aliens after being convicted. those people who bring drugs into the property, they destroy their water So those 140,000 people continue to be United States, those violent drug car- lines. All of this costs money to the our problem because their countries tels who operate not only in Mexico ranchers and, of course, they have to don’t take them back. but other parts of the continent, in- be the ones that pick up the bill for the If the border were secure, those peo- cluding South America. destruction on their property. ple would never have gotten in the So we need to make sure that we talk b 1440 United States to begin with to commit about what is correct, and the people crimes, and now we are stuck with who live on the border, you ask them. And they don’t feel safe about the those individuals. We need to have a You go down there and you just pick people that cross into the United consequence for those countries that somebody out and you ask them, States across their land. They feel like refuse to take their lawfully deported whether it’s in Texas or whether it’s in the Federal Government has really not criminal aliens back. Arizona, whether they feel secure on protected them and their rights and Those countries should have some the border, and the ones I have talked seems to neglect them, even though type of consequence for failure to take to don’t feel secure. the Border Patrol, who I also met with, Now, recently, last weekend, week- their lawfully deported individuals I believe, is doing as good a job as they end before last, I had the opportunity back. I am not sure what that would possibly can do. I want to make that to go to Arizona. I was a guest of Con- be, but we must consider all of our op- clear. The Border Patrol is doing as gresswoman GABBY GIFFORDS’ staff. tions, including if those countries re- good a job as they can do, as we will let GABBY GIFFORDS, as Members of Con- ceive any type of foreign aid, we them do as a nation. And they are try- gress know, has been working on bor- shouldn’t give them foreign aid. You ing to protect the border the best that der security issues for a long time. don’t get foreign aid if you don’t take they possibly can. Last year she sponsored a letter to the And so I talked to both groups. But back your criminal aliens. President, myself and others cosigned Those countries that don’t get for- in reality, the people who live there are it, to put more National Guard troops eign aid, maybe we should reconsider very concerned about their own safety on the border. The President responded their lawful visas for people that are and the consequences they have to pay with some National Guard troops on for people illegally coming into the coming into the United States. See, all the border, and she has worked on that these countries do get visas, except United States. issue. I heard something that was kind of maybe Cuba, into the United States, And before her tragic incident where surprising to me. When illegals, not all, and maybe we should reconsider that. she was shot, she and I had been talk- but when some come into the United But it’s a massive problem in the ing about the fact that I had invited States and they are captured by Border criminal justice system alone for the her to Texas to come down and look at Patrol, some of them ask the question, fact that the border remains unsecure. the Texas border, and she had invited are they in the 9th court or the 10th The border is a long way, just the me to Arizona to go meet with the peo- court? And I said, what are they talk- Texas border, from El Paso down to ple on the southern border of Arizona. Brownsville. I mean, if you are not And so last week, I had the oppor- ing about, the 9th court or the 10th from Texas you don’t know how far tunity, thanks to Ms. GIFFORDS’ staff, court? Well, what they’re talking that is, it’s just a long way. But it’s to go down to the Arizona border. I will about is the 9th Circuit Court of Ap- the same distance as from New Orleans say this about her staff: They are a tre- peals or the 10th Circuit Court of Ap- to New York City. That’s how long a mendous group of individuals. I am peals. You see, the Ninth Circuit Court border it is. highly impressed with how informed of Appeals, that is a Federal appellate And the entire southern border of the Ms. GIFFORDS’ staff was and appreciate court, has jurisdiction that includes United States is 1,957 miles long. Now the fact that they took me and part of Arizona but goes up to the New Mexico we are talking about a lot of territory. my staff down there to see the way it border. So how much of that land is secure? is in Arizona. And so when illegals cross into the Well, recently, Richard Santana, who But here is a map of Arizona, and the United States near New Mexico or Ari- works for the Homeland Security De- portions of Arizona where I was were in zona, some of them ask the question, partment, said that the United States the southeastern portion of Arizona, am I in the 9th court, which would be only has 129 miles of that 1,957 mile over here. Everybody has heard of in Arizona, or the 10th Circuit Court, of border that is secure. Now, that doesn’t Tombstone, but I was a little further which the jurisdiction is New Mexico? seem like a very long amount; 129 south than Tombstone, all the way to And the reason for that, in my opinion, miles is not very much of a border the border and Douglas, Arizona, which those two courts have different reputa- when you have 1,957 miles of that bor- is in the corner, the southwestern cor- tions about enforcing the rule of law on der that is not secure. ner of Arizona and next to New Mexico, the border. And, of course, those that Taking another organization, the and along that portion of the southern cross into the United States hope if GAO, that is the Government Account- border of the United States, visiting they are caught the 9th Circuit Court ability Office, that is the group of peo- primarily with the people that were in of Appeals would eventually have juris- ple that keep up with all the statistics charge of border security, the Border diction over their case when in their that we, Members of Congress, ask Patrol and the ranchers who live along perception it’s a much more friendly them to keep up with. the border. court to folks who cross in illegally They have released a report talking Let me talk about the ranchers first. than the 10th Circuit. So I thought about that one question. How secure is One of those ranchers, Mr. Krentz, a that was somewhat interesting.

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2318 CONGRESSIONAL RECORD — HOUSE April 5, 2011 They are also given, when they come that’s the answer to border security. b 1450 into the United States, if captured, You wouldn’t need these signs if the I say that because the drug cartels their property. Some of them, you will border were secure in reality, not in are using every means necessary to ex- find a whole list of things and places just political statements that seem to ploit the open borders and do every- they can go, the churches that give be made by different individuals. thing they can to make sure that they them sanctuary, places that they can The Texas Department of Public bring in those drugs. And they will go for medical help. And they are Safety has issued some statistics re- continue to do so. given, in a very organized way, what garding cross-border crime. I have al- The Border Patrol is the agency that they can do when they come into the ready mentioned about how the 34.5 we have to protect the border of the United States. That is provided in percent of the people in local county United States. Like I said, I think they some cases by the coyotes that make jails on the border are foreign nation- are doing as good a job as we will let money off those immigrants who come als. But just since 2010, January 2010, them do. But primarily the Border Pa- into the United States, because immi- the Texas Department of Public Safety trol patrols the border up to 25–35 miles grants have to pay the coyote money. has identified 22 murders, 24 assaults, inside the United States. That is their And sometimes the coyotes and the 15 shootings and 5 kidnappings, among duty. That is their jurisdiction, the drug cartels all work together because, other crimes, directly related to spill- place that they are supposed to protect you see, drugs and people are going over violence from Mexico. the U.S. Past that 35 miles or so, they north, and money and guns are going Now sometimes we hear this com- don’t patrol that. That is somebody south because, you see, Mexico doesn’t ment: Well, the violence in Mexico else’s responsibility. protect its border any better than the isn’t coming to the United States. The Now, of course the bad guys know United States does. question is, is the crime from Mexico that is the duty of the Border Patrol, But in any event, while I was down coming into the United States? We to patrol that section of the border. So there in the corner of Arizona, I have already shown that that is occur- when people are smuggled into the learned firsthand about the seriousness ring because 34 percent of the people in United States, when drugs are smug- to the ranchers, the people who live on those local jails are committing gled into the United States, the goal is the land, their concerns about the fact crimes, and they’re foreign nationals. to get past the Border Patrol demarca- that they believe that the border is not But also the violence is coming into tion line because once you do that, you secure. In reality, they have to worry the United States because of the statis- are pretty much, in my opinion, home about their own safety on a daily basis. tics that I just gave you. free to get into the United States with After visiting a corner of the south- And now we learn of another phe- people or drugs. So that is the area of eastern corner of Arizona, we moved nomenon that is taking place. You their primary concern, and it is cer- and traveled across Interstate 10 to don’t hear much about it because the tainly the area of the jurisdiction that Interstate 8 over here to San Luis, Ari- victims of these crimes don’t say much they are trying to patrol the best they zona. So that travels, goes up to San about it. People who live in border can. Luis across Interstate 10, Interstate 10 towns, the populous border towns in I have asked the Border Patrol: Tell turns into Interstate 8, comes all the the United States, periodically would me how you do this. And I think they way across Arizona into California, get somebody who would come to their use as many different means as they goes into Yuma, Arizona, and I went front door, or they would get an email can to patrol the border. They will down here into the southwestern cor- or a text from someone who says, we have vehicles go up and down the bor- ner of the State of New Mexico to also know your cousin who lives in Mexico, der. They will have Border Patrol see what that border was like. and unless you pay us so much protec- agents behind the border. They will Now, coming across Interstate 8, tion money, your cousin in Mexico is have some use of the National Guard right here, Interstate 8, we pulled off going to disappear, something to that behind the border with the use of elec- the side of the road to the Sonora Na- effect. So we hear reports of that, ex- tronic equipment to view what takes tional Reserve, and that is a national tortion on the American side of the place on the border. So they use the reserve that the Federal Government border. This is primarily among His- equipment that they can. But they ob- controls, because I wanted to see the panic Americans. viously don’t have enough Border Pa- Sonora National Reserve. And what do they do? Well, they may trol agents to be directly on the bor- Interestingly enough, you get about or may not report it. What they, I der. So they have some on the border a quarter of a mile, almost a half-mile think, generally do is pay the extortion and some behind the border monitoring off of Interstate 8 right up here by the because they want their relative in the activity of the people coming into Sonora Desert, and you come across Mexico on the other side of the border the United States. And then they try this sign. This sign is facing toward to be safe. So we have that extortion to catch those that they can. Mexico. So Interstate 8 would be to racket taking place. If the border were When I was visiting with one of the this direction, and Mexico would be be- secure, that certainly would not have Border Patrol agents, this is a photo- hind the sign. How far behind the sign? occurred. So it concerns me that we graph of one of their vehicles. It is a It’s 80 miles to the Mexican border. have that crime on the American side. typical Border Patrol vehicle that pa- And here is a big sign that says, ‘‘Trav- Going back to the southern border of trols near the border of the United eling Caution: Smuggling and Illegal Arizona, I was asking the Border Pa- States and Mexico. Now, Mr. Speaker, Immigration May Be Encountered in trol, which was very gracious and ex- you notice that this vehicle has steel This Area.’’ plained a lot of their operations to me, mesh on the windshield and on the side So, it seems to me that the Federal how do they bring drugs into the windows. It has steel mesh even above Government’s answer to border secu- United States? And they said every the lights, the red lights on top. So I rity is to warn people that it is a smug- way they can bring them into the asked the Border Patrol agent that gling and illegal immigration area. United States. One of the ways that drives this vehicle: Explain to me the Once again, this sign is not on the bor- they are using now is the concept of steel enclosure you have on your vehi- der. This sign is 80 miles this side of ultralights. An ultralight, for lack of a cle. the border. So, what is the government better description, is a kite that has a He said here is what happens: we will saying? Are they just ceding that en- motor on it. One person can fly that at drive close to the border. As we drive tire portion of Arizona to the drug car- very low altitude, and they bring in 200 close to the border, there are people on tels, saying it’s a smuggling area and or 300 pounds of drugs into the United the other side of the border who, when that you need to take care of yourself States. They never land the ultralight they see us, start throwing rocks at us. because we can’t protect you? I don’t into the U.S.; they just fly across from They throw them over the fence. If we know. But I was somewhat surprised to Mexico into Arizona and they drop don’t have this protection—and they see that our Federal Government’s an- their load, 200, 300 pounds of drugs, and are not little bitty pebbles, these are swer to border security was to erect then they fly back to Mexico. Then rocks—they throw them over the fence this sign and other signs that are simi- there is someone at a rendezvous point and break the windshield. The Border lar to it. I don’t believe, of course, who picks up those drugs. Patrol agents are injured.

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 5, 2011 CONGRESSIONAL RECORD — HOUSE H2319 They do that for various reasons. One we deal in reality and make sure that on the border. I have introduced legis- of those reasons is a diversion. They the border is secure and make sure lation to put 10,000 National Guard will try to divert the attention of a that it is an area that is safe on both troops on the 1,957-mile border between Border Patrol agent at one location so sides. By securing our side, we can pro- the United States and Mexico, and put that other folks illegally can sneak tect the Mexican side as well. Of them on the border to not allow people into the United States. course, we need to work with the Mexi- to cross into the United States. Now, we don’t hear much about as- can Government to do so. They are our It is the Federal Government’s re- saults on Border Patrol agents unless neighbors to the south. sponsibility of national security to pro- somebody is murdered, which has oc- While the United States now has de- tect the people, so the Federal Govern- curred. But in the last couple of years, cided to go into Libya and spend $100 ment should pay for that and get the assaults on Border Patrol agents by million or $200 million a week, I don’t money out of the Department of De- people illegally coming into the United know, by bombing that country, maybe fense or somewhere, re-appropriate States is about 1,000 a year. A thousand we should come back home and focus money to have the National Guard paid assaults on Border Patrol agents a year on national security in the United for, but put them under the supervision in the last couple of years; and they States and spend that money on border of the four State Governors so that the security and securing the United are by every means necessary, includ- Governors can control their own border States at the border because it is not ing the rock throwers who try to injure and protect them from entering the secure in spite of what the Secretary of Border Patrol agents. United States unlawfully no matter Homeland Security has said. So you can see the relentlessness of who it is. some people who want to come into the Border Patrol, it seems to me, should I do not believe that we can say our United States. They violate the law, of have the mission to secure the border. border is secure when the Government course, by coming here illegally. And I will say again, they are doing as good Accountability Office, by their own they will continue to violate the law a job as we will let them do, but they statistics, say that only 15 percent of and take on our Border Patrol agents, cannot stop people from coming into the border is airtight. That doesn’t even by assaulting them, so they can the United States, although they are seem like a winning percentage to me. sneak into the United States. trying to. When they had those vehi- So it seems to me, Mr. Speaker, cles going up and down in front of the And when they say under the best cir- maybe we need to refocus on the pri- border, that keeps people from coming cumstances, 44 percent partially se- mary mission of the Federal Govern- across. We have fences in some appro- cure. What does that mean? Well, it is ment and its responsibility. The Fed- priate areas. We don’t have fences ev- sort of secure, but sort of not. But eral Government does have the respon- erywhere, but we have some fencing. when you have 56 percent of the border sibility under the Constitution to pro- Also, the Border Patrol knows they is wide open spaces for anybody that tect the American people, and the cannot stop people from crossing so wants to come back and forth, that is United States Government should do they try to catch them if you can. That not protecting the dignity and the sov- that. is the phrase that I think is our policy: ereignty of the United States. Now, the United States protects the catch them if you can. In other words, So it is long past time we quit talk- borders of other nations. We protect they cross into the United States. We ing about border security and actually the border of Afghanistan with Paki- see them, we try to catch them, but secure the border from people coming stan. We are protecting the Korean once we catch them, they become our into the United States without permis- border between the two Koreas. We problem. And then we have to send sion. Everyone. And to say that the protect the borders of other nations, them through the entire legal process, crime doesn’t occur in the United and we use our military to do it. Why as we should, but they are our problem. States, well, it does. Not just to men- don’t we have the same resolve to pro- They become our medical problem. tion the border county jails that I men- tect the American border, both bor- They become our prison problem if tioned, the 27 percent that are in Fed- they go to prison if they have com- ders, the southern border and the eral penitentiaries that are foreign na- mitted a felony. Then we have to deal northern border? Because, in my opin- tionals that are illegally in the United with them, and we have to try to get ion, we don’t have the moral will to do States, but all of the drugs that are them back to the country they belong so. We should make sure that we un- sold throughout the United States, to, in spite of those countries that derstand that people, and other people those are all criminal gangs, primarily, refuse to take back criminal aliens. So should understand, you don’t come to that are working with the drug cartels it is catch them if you can. the United States without permission. in Mexico and Colombia selling those Why don’t we rethink that and pre- drugs. It is the rule of law: you don’t come to vent people from crossing into the the United States without permission. United States? If our policy was border Now, we have to solve that immigra- security not behind the border secu- b 1500 tion issue. That is a different issue, but rity, but have security on the border, you can’t solve that issue until you So the crime affects the United then people coming up to the border States. The insecurity of the border is solve the issue of people illegally com- can’t get across. Why, because there ing into the United States. You know, something that all of us pay for. We are more boots on the ground. And I pay for it in every way possible. we are getting everybody. We are get- think we should use whatever we have ting the good, the bad, and the ugly. Whether it’s with health care, whether available. it’s with education, we pay for it in the And right now, we’re getting a lot of We certainly should use the Border bad and ugly crossing into the United criminal justice system. Americans Patrol, but also maybe we should use pay and legal immigrants pay. States. So the rule of law must be en- the National Guard. We have a few Na- The United States has the greatest, forced by the Federal Government. tional Guard troops that are down on the most liberal immigration policy in That is their duty. the border, although they are being re- Now, many of us do not believe the lieved; and their primary purpose is the world. We let more people into our Federal Government has secured the not to be on the border, but behind the country legally every year than does border. Obviously, people in Arizona border looking at cameras watching any other country on its own. So we feel that way because they have passed folks cross. have to fix that immigration issue, but legislation to try to protect their own Now, that is great to watch people we have to secure the border first be- State using State law enforcement. Of cross; but when they cross and they cause, when all is said and done, so far course, the Federal Government’s an- come into the United States, once more has been said and less has been swer to that was rather than help Ari- again they become our problem once done. zona, sue Arizona. Take them to court. they have crossed. And we catch them I urge my fellow Members of the You know, it’s kind of like this sign. if you can, and send them back home if House of Representatives that we come Their answer to border security is we can. back home, that we come back to the erect a few signs and sue States that So it would seem to me to be a better United States, that we think about the try to protect themselves. Why don’t use of the National Guard to put them security or insecurity of our borders,

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2320 CONGRESSIONAL RECORD — HOUSE April 5, 2011 and that we make sure that the Fed- to declare the wilderness areas. Now, rity, Medicare and Medicaid are the eral Government under the Constitu- instead, the head of the Forest Service green sludge that has poured over the tion fulfills its first obligation—to pro- can actually just declare that those sludge of the barrel. We don’t declare it tect Americans. areas are going to be roadless. They are as debt anymore. We are going to pay And that’s just the way it is. then made into de facto wildernesses, it; we owe it; we’ve made promises f which shut down jobs. Even more, they about it, so we just don’t talk about it. shut down near access. It’s so uncomfortable and it’s so large. A VOICE NO LONGER—SURREN- Recently, the Forest Service decided That’s $202 trillion we owe. We call DERING THE ROLES AND RIGHTS they would simply declare 95 percent of that now the ‘‘fiscal gap.’’ That’s the OF CONGRESS the Gila National Forest off limits be- difference between what we’re bringing The SPEAKER pro tempore. Under cause they’re closing the roads. If you in and what we owe, $202 trillion. the Speaker’s announced policy of Jan- aren’t able to backpack in 35 miles, That’s 100 years’ worth of revenue. uary 5, 2011, the gentleman from New then you probably will never see parts That’s 100 years to pay off what we Mexico (Mr. PEARCE) is recognized for of this forest. When the law was passed, have made promises for. 30 minutes. the forests were created for ‘‘our enjoy- The U.S. Government is making Mr. PEARCE. Thank you, Mr. Speak- ment’’—those are the words—and then promises for things that it cannot do. er. it was also to use the resources in the It is paying out money that it does not I rise today to address the House on forests. So with an agency that is al- have, and it’s doing it all on credit. issues that all of us may not be paying lowed now to establish these rules The credit, itself, would be alarming attention to but that all of us should without congressional oversight, you enough except now there is a small feel are extraordinarily important. We would say, Aha, that’s a constitutional wrinkle that’s developing here. If you have at this time in our Nation’s his- thing that we should be a little bit con- were running this sort of deficit and tory eased into constitutional concerns cerned about. debt in your home, your banker would for our future. Those constitutional Simultaneous with that particular come to you and knock on the door and concerns arise in many different areas. endeavor, there has then come along say, We need to visit. This is not sus- For instance, you might not be aware the wildlands. That’s a policy just re- tainable. It’s not workable. of it, but there is a policy to establish cently announced by Secretary Our banker is called China and different things which Congress is sup- Salazar. Secretary Salazar has created Japan. They buy Treasury bills. Those posed to establish. Yet, right now, the wildlands policy that allows him to Treasury bills are the way that our agencies are taking over those respon- create a de facto wilderness in BLM government borrows money to fund sibilities, agencies that are taking lands. BLM lands are a source of great this deficit. As you have seen with the away the roles and the rights of this production of oil and gas. So for our recent problems in Japan, Japan will Congress. What that means to our citi- voters, for the constituents, for the not be buying Treasury bills from us zens who vote is that they will not citizens of this country, they are see- anytime in the near future. have a voice any longer in the policies ing their gas prices now climb to $4, Also, China twice in the last year has of the United States. If they don’t have and we are limiting access to lands knocked on the door and said, We real- access to unelected bureaucrats, they where that price could be diminished ly are alarmed at what you’re doing are not able to effect policy that comes and lowered. We have an agency that is here. We’re alarmed at this situation. from agencies because they can’t elect killing the jobs and putting off limits We’re alarmed that you’re taking on or unelect those people. In the House of the drilling for oil and gas on American more debt than you can pay out ever— Representatives and the Senate, we are soil. ever—and we’re afraid that your cur- surrendering that capability to pass I saw the President of the United rency is not going to sustain itself. So legislation. States just recently travel to Brazil when the Premier of China recently A good example is that the Forest and encourage the oil and gas company visited the White House about 3 weeks Service is closing roads in forests there that is creating offshore jobs. ago, you might have heard him say— across the country. They are declaring While he is encouraging the leaders of maybe you missed it—that they’re con- these roadless rules that put off limits Brazil to develop their offshore produc- cerned about the currency. Since much of our Nation’s forests. If you tion, he is killing offshore production they’re concerned about the currency, were to Google the words ‘‘forest’’ and here. There is a disconnect that is they do what your banker would do to ‘‘roadless,’’ you would find that all of causing great problems in our country. you. They simply say, We’re not going the articles deal with killing and doing Those great problems in the country to lend you any more money. We’re not away with timber jobs. The people who are basically this: going to do this anymore. are in the agencies have adopted an ex- Our Nation is faced with a $3.5 tril- treme point of view regarding jobs in lion budget, and we are bringing in $2.2 b 1510 this country. They do not want any trillion. Now, you cannot live that way Now, then, we’re in real trouble. But timber to be harvested, so they declare in your home. You cannot live with our government again, working outside what sounds to be a friendly policy of this kind of disparity in your home the Constitution, is printing money to roadless rules, but the offshoot is that budget, and neither can the Federal make up the difference for what we we have no timber industry. In New Government. It doesn’t work. It’s not can’t borrow overseas. So the Federal Mexico alone, which I represent, we going to work. We are having to borrow Reserve is in the process of buying the used to have 20,000 jobs in the timber the money. When we run a deficit—and debt for the U.S. We here in Wash- industry, and today we have zero. you can do the math here—of 3.5 tril- ington give the Federal Reserve As we look at the problems of this lion spending and 2.2 revenue, and money, and then they turn around and Nation, we have to understand that the those are taxes paid by citizens and by they lend the money back on this hand. great pressure economically that we corporations—that gives us a deficit of Now, that would be cool if you could do face is that our revenues to the govern- $1.3 trillion. As that deficit then is ac- it for long, and we all dream of the sit- ment have diminished. That’s because cumulated and as it goes into our debt uation where we have an unlimited people are out of work. They’re no barrel, we owe $15 trillion worth of supply of money coming to us where we longer receiving income and wages, and debt. That’s the black barrel you can can lend it here and borrow it here, and they’re not paying taxes on those. So see there. that is what we are doing to ourselves. we’re now at a deficit in our govern- Since our Nation’s inception, since This entire sequence, then, is made ment where we’re spending more than George Washington, we’ve accumulated complete if you look at the chart in we bring in. Simultaneously, we’re $15 trillion in debt. You can see the the upper right-hand corner, and we see killing jobs in the forests. green sludge running over the barrel that the whole game fails. Just as the You could say, Well, we like the wil- because we have actually more debt Soviet Union collapsed economically, derness. We like roadless rules. Our than we’re willing to count in Wash- President Reagan viewed that if he government has a process by which ington, so we absolutely just quit could cause them to spend more than this body and the Senate are supposed counting at $15 trillion. Social Secu- they brought in, he could collapse their

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 5, 2011 CONGRESSIONAL RECORD — HOUSE H2321 economy. President Reagan assisted away the responsibility, then we have ment. Our Founding Fathers came and helped, with the rest of the world, no control over it. There is no process from Europe where they were living in the collapsing of the Soviet econ- by which I can ask Mr. Bernanke, under monarchies. Our Founding Fa- omy and the ultimate collapse of that Please, don’t keep buying this debt. thers came from Europe where they entire country, the breakup of the So- This is taking away savings accounts had seen the excesses. They had seen viet Union. for our seniors. This is taking away the the monarchies rule every single aspect And so now, then, we are doing it to ability for families to make ends meet. of their lives. When they got to this ourselves. We are making those prom- This printing of money is sustaining a country, they were fearful of a govern- ises that we cannot keep. We’re killing problem that is not sustainable, and ment that was too strong, so they vis- jobs that should not be killed on behalf it’s making believe that we can make ualized this contract called our Con- of roadless rules and on wilderness, and it work and just passing the buck down stitution between the people and the we are accomplishing the funding of a the road one more week, one more government. The purpose of that con- government by the Federal Reserve month, one more year. tract was to keep the government in which has basically no oversight by The real sadness is that if we begin check, to keep the government’s pow- Congress. So you, as citizens and tax- to do the things that are within our ers limited and small and to increase payers, contemplate what that means reach, if we simply begin to allow the the powers of the individual that gave for you. cutting of timber—and I do not dimin- us the liberties that we have so well When the government prints money, ish the need to protect our environ- trumpeted and used as a guiding light it begins to devalue the currency that ment one bit. I don’t think we should for the rest of the world. you have in your pocket. If you have clear-cut. I don’t think that the spot- Liberty and freedom are the great as- $100 in your pocket and the govern- ted owl should be allowed to go extinct, sets of this country. It’s not our ment prints $2.6 trillion, let’s say, then but I do believe that we should create wealth. It’s not the houses that we live the money in your pocket becomes jobs and simultaneously protect our in. It’s the ability to choose for our- worthless. That is: We have not created environment and simultaneously pro- selves. That is what our Founding Fa- any more wealth in the country; all we tect the species. thers wanted to protect in this con- created is more paper money. It’s like It’s a false choice that we’ve been tract called the Constitution, and that in the Monopoly games when you sud- given the last 30 or 40 years that says is what right now in Washington agen- denly start getting more and more you’ve got to give up the jobs in order cies are walking past that Constitution properties, you know that is Monopoly. to protect the species. That’s manage- as if it has no meaning. When it has no Well, this has become Monopoly money ment of our entire country for a single meaning, the individual, the voter, the that our government is doing here. species. I think that’s a mistake. That person who just goes to work every day You will notice, if you’re watching, mistake is playing out here as we ex- begins to have less and less rights and that the price of food is going up both port jobs overseas that traditionally the government begins to take more in this Nation and worldwide. In fact, would have been here in this country. and more rights away from them. many of the disruptions in other coun- Oil and gas production is one. Timber We see an alarming case in the issue tries—Egypt, Libya, other countries in production is another. If you read the of Libya. Now, I don’t support Colonel Africa—those disruptions were caused quote above me, Daniel Webster, on the Qadhafi at all in his reign, in his serv- by the shortages of food, and people wall above us said, ‘‘Let us develop the ice, but I do wonder about a nation were suddenly finding that the cost of resources of our land.’’ That’s a quote that will step aside from the rule of food was outside their reach. All of us that is here on the wall of this House. law and take the fight to Libya. are going to demonstrate in the streets They are visualizing, in an earlier pe- We have, in this country, an act when we are not able to feed our kids, riod in our history, that our great re- called the War Powers Act, which de- and that’s what is happening there. sources are there to be developed, and scribes circumstances that say there The price of food is escalating because that’s what will make us jobs. That’s are issues when a President might be they’re doing the same thing. They’re what will make us be able to have able to want to commit troops. But our living on borrowed money. They’re liv- homes, be able to move into new forms Constitution doesn’t quite give him the ing on money that no longer is avail- of transportation. right without congressional approval, able, and so they begin to print it. Whatever this country has done has but we’re going to allow it in certain You’re seeing the price of gasoline rise been available because we had jobs and instances and then he can come back to $4 a gallon. It’s not because gasoline we had economic status in the country. to Congress for approval. is worth more to you today than yes- And yet some believe that that econ- Just last week, we heard the admin- terday. It’s that the dollars in your omy should be diminished and given istration, Secretary Clinton came and pocket are worth less. away around the world. I don’t believe addressed Members of this body, and Vegetables to you have no greater that we should average our standard of Secretary Clinton said that they had value today than yesterday. It’s that living down to the rest of the world. I fully complied with the War Powers the dollars in your pocket have less believe that we should average the rest Act. Now, that’s untrue because there value, so it takes more of them to buy of the world’s standard of living up to- are three very definite requirements the food. The price of gold and silver ward ours. for the War Powers Act, and we’re not are going up, skyrocketing. That’s not But if we were simply to create jobs, facing any of those. There were no U.S. because silver is used for any more then a magic thing happens—it’s not soldiers that were attacked. manufacturing today than last week or magic at all. But every person that The President said, with all respect, the week before. It’s because the dol- comes off of unemployment does not that this country is different. Well, lars in your pocket have become worth receive these government checks; in- this country is different because we less because we’re doing this, because stead, they’re down here making a have a rule of law and we have a Con- we’re spending almost twice what we wage and paying taxes. So every time stitution, and we abide by it and we make, because we have a deficit each we hire one more person incrementally, transport freedom. And when we begin year of over $1 trillion. It’s going into we decrease the amount that our gov- to walk away from that freedom, then an accumulated debt that we owe long ernment is spending, and we increase we walk away from the essence of the term, and to solve the problem our gov- the amount that our government is country. ernment is printing money. taking in. So employment, the creation So he committed troops from the Now, you could object to it, but you of jobs, is not sort of a random possi- U.S. into actions in Libya with no can’t object to anyone that listens, bility for us. It is an absolute necessity clear and apparent reason, with no con- which takes us right back to the Con- if we’re to avoid this breakup of our stitutional basis for doing it, and even stitution. The Constitution is very economy that’s projected down the the rule of law was simply ignored. clear on who should create the money road because of the way that we’re liv- and the value of money. The Congress ing now. b 1520 ceded that authority away, and when it The Constitution is the agreement If they were using the War Powers ceded that authority away, they gave between the people and the govern- agreement, which Secretary Clinton

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2322 CONGRESSIONAL RECORD — HOUSE April 5, 2011 said that they were, in order to justify this? The Constitution affects that be- hearing employers say, ‘‘Well, we’ve this action, then the War Powers Act cause we’re seeing different industries got to cut employees to get down below actually says that they should come to simply sent to other countries because the caps required in this bill.’’ So peo- Congress within 60 to 90 days, 60 days it’s too hard to do business in this ple are voluntarily terminating em- under one circumstance, but we could country anymore. We make it against ployees in order to comply with some extend it for another 30. She said they the law. We make the regulations too aspect of this bill that says if you have have no intention of coming for a 60- high. We make the circumstances too more than this, then you have to jump day authority, that they are well with- difficult. People would say, Now, in through different hoops. in their rights to accomplish the ac- what ways do we make the cir- So we, in many ways, our govern- tions. cumstances too difficult? ment, again, is creating the distress. It So by itself, it would be alarming, One way that we should be creating is man-created distress. It’s govern- but when you put it into context of jobs right now would be the medical ment-created distress that is causing agencies who are willing to create de field. Baby boomers are moving to re- this 3.5 and 2.2. facto wilderness and the roadless rules tirement. Retirement is a very expen- This is the root of the problems that of our forests, the agencies that are sive age in anyone’s life. And retirees we face economically. willing to say we are going to create are very expensive for governments to As our government is then spending wildlands, that is de facto wilderness, attend to. So baby boomers are moving more than it brings in, as it kills jobs without congressional approval in the to that area very quickly. They should so that we are bringing in even less and BLM, and now we’re going to go to war be demanding tremendous amounts of driving more people to unemployment without complying with the Constitu- medical service. And yet we find that and to welfare, the disparity grows tion or with the laws that are on the those jobs that should be created in the greater, the government has to print books of the land, now then that should medical field are frozen in place, un- more money, the money in your pocket be an alarming trend no matter which able to move forward because of uncer- becomes worth less, the uncertainty in party you’re in. Now, then, this is tainty. And so rational people would the Nation increases, and uncertainty about America and that essential say, What uncertainty? again causes business owners to say, ‘‘I agreement between the people and the That then leads us to another chart don’t believe I’ll create jobs right now. government called the Constitution. that shows the ability of government I’m afraid they’re going to go up on my The rule of law is what differentiates to make life more complex. taxes to try to make this balance. this country from other countries. The This is the medical system now since When the government creates that rule of law is what protects the rights the passage of ObamaCare, since the mood on the part of employers, then of citizens. The rule of law is the es- passage of that 2,200-page bill. It cre- they simply stop the creation of jobs, sence of what made this Nation great ated new agencies, new institutions. and that’s what we’re finding going on. because the government can not come You can consider yourself at one end of You would say, ‘‘Well, uncertainty is in and take private property from indi- the chart and your physician at the not really that big of a deal for a com- vidual citizens. They can’t just go out other end. And you have to make your pany.’’ And I would simply ask you, do on their own and begin to make rules. way through and touch the appropriate you put money in the stock market And yet that’s what we’re finding is agencies before you get to see your when you aren’t pretty certain you’re happening at an alarming trend right doctor. going to get a return? If you think it is now. Now, this is the reason this chart just a roll of the dice to put your sav- The downside to all of that is eco- would cause anyone to sink back in ings into the stock market, you would nomic. You can say, Well, I’m not horror and say, That’s not what I want- do that very hesitatingly. Well, compa- much interested in all of that constitu- ed. I just wanted a checkup to see if nies are doing the same thing. They tional stuff and the Founding Fathers. I’m okay with my local doctor. It is don’t want to pour money into a ven- That might be possible. But you cannot this chart that has been creating un- ture and then have something regu- ignore what is going on in the personal certainty in the minds of the health lated to end on them, to have the taxes lives of individuals right now strug- care field, and they’re saying, We’re go up, to have it made to where they gling with the economic situation that not sure how this chart affects us so can’t get their money back. So compa- is cast on them by decades of spending we’re simply not going to get into that nies are making the same decision that in Washington that is beyond our abil- new line of work. We’re not going to you would make personally. ity to sustain. expand and put money into research to Now, recently the President com- If we’re to look at this debt, this $15 create those jobs in the medical field plained about 6 weeks ago about com- trillion in the barrel, it’s instructive because we have to go through so many panies hoarding cash. He said it as an for us to consider how that debt origi- pieces of this equation, and we are just accusation. It is a true thing that com- nated. You could take the time from going to let itself sort itself out. This panies have tremendous amounts of George Washington up to President is always the problem with govern- cash right now, but they’re afraid be- Bush and we accumulated, you can say ment. Government will build in proc- cause of the regulatory environment, that we basically accrued about a $5 esses that just simply can’t be over- they’re afraid because of the prospect trillion debt in that whole period of come. of taxes, they’re afraid because of the time from George Washington up until And so this country, which has been prospect of new regulations to put President Bush, II was sworn in. the source of so many good medical in- money into industries. And so there- President Bush, II, with the war in ventions and medical jobs, this country fore jobs are being frozen again by the Afghanistan and Iraq and Katrina and that has been outsourced now is being actions of our government. those problems, ran up about $5 trillion burdened down with regulatory agen- Two things would cause this situa- in his time in office. So almost the cies that simply say we’re going to im- tion to begin to balance. equivalent in 8 years to what we had pose this in your life, and companies done from the founding of the country. are saying okay, we’re just going to b 1530 But then in the 21⁄2 years since Presi- wait it out. Number one is not raising the taxes, dent Obama came in, we’ve now Other companies are saying we’re but lowering the taxes. There is a tru- bumped it up almost another $5 tril- going to have to lay off other people. ism that says when you increase taxes lion. We’ve got 91⁄2 percent unemployment— you kill jobs, and when you decrease So we see that this filling of the debt 8 percent, whatever it is today. We’ve taxes you create jobs. So it is counter- barrel is now accumulating at a much got unemployment, we need people to intuitive that if we want to increase more rapid pace, which simply means work, we’re running at a deficit be- the 2.2 and lower the 3.5, then we need that our economy is going to fail at a cause we’re spending more than we’re to lower taxes to where there is more period closer to us, not one further bringing in. The last thing we need to certainty that the people can say, ah, I away from us. do is put more people on welfare and will invest in that. I am pretty sure I And all the while, Americans are say- unemployment and put them out of a have got enough money for next year’s ing, How does the Constitution affect job. And yet people in New Mexico, I’m tax bill. I’m sure that I have got

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 5, 2011 CONGRESSIONAL RECORD — HOUSE H2323 enough money in the bank to pay for in the most autocratic fashion, trying know that would mean that the local this new equipment to hire a new per- to deprive the District of Columbia of government of the District of Colum- son. On the other side, then, the regu- its self-governing rights. bia, which is not in this fight, will be lations have to match also. Mr. Speaker, Congress delegated shut down too. A friend of mine in Artesia, New home rule to the District of Columbia This has gone much too far. It’s one Mexico, Bill Sweatt, recently said to a in 1973. Before that time, the District thing to start the session with your group that was asking what does it of Columbia had no mayor, city coun- first act being to strip the District of take to create a job; there is all this cil, was ruled by the federal govern- Columbia of its vote in the Committee speculation in Washington what does it ment without any democracy. That of the Whole, although two courts have take to create a job if we want to in- was mostly the work of Southern said that that vote is constitutional. Democrats, whose reasons were, among crease the 2.2. Mr. Sweatt says, I will b 1540 tell you what it takes to create a job. others, but most definitely, racial. He has a company that runs bulldozers. What is happening today is not the Then to move on to intrusion after He said it takes $340,000 for me to cre- work of Southern Democrats. It is the intrusion, reinsert riders that we just ate a job. That’s what new bulldozers work of the new Republican majority. got out, riders that have nothing to do cost. He said, by the way, I have to I am pulled off the Nation’s business with any Member of this body except have a pickup truck because they just day after day after day because of yet me, who represents the citizens of the frown on me driving the bulldozer down another zinger from Republicans to in- District of Columbia, a rider that through the main streets of Artesia to trude into the local affairs and local would increase HIV/AIDS in D.C., the get to the location, so I actually have spending of the District of Columbia. I District of Columbia, by keeping the to leave it out there on a truck and had to call the administration and Ma- city from using its own funds to fund drive a pickup through town. So he jority Leader REID today, cautioning needle exchange. said, basically $400,000, I can put a new them that the District must not be Again, dozens upon dozens of juris- employee on. used as a bargaining chip in the dictions have driven down their AIDS As we tax away money from busi- present battle over Federal spending rate this way. We have the highest nesses, it takes longer to accumulate underway here. AIDS rate in the United States only the $340,000. It takes longer for jobs to The latest intrusion is hard to bear. because the Congress of the United be created when we tax that money The District has decided to spend its States has killed—I use these words ad- away. So our tax policy will cause Mr. local funds, among other things, on visedly—killed men, women and chil- Sweatt not to hire a new worker as abortions for poor women. Dozens upon dren in the District of Columbia by soon as he would otherwise. That dozens of jurisdictions do that. No Fed- keeping the District for 10 years from causes our economy to be stagnant. eral funds. Funds raised by the tax- using needle exchange, so that AIDS That’s happening to businesses across payers of the District of Columbia. spread throughout the city. the country. What does that have to do with the So we have a higher AIDS rate than But then the bigger thing is if the Federal budget? What does that have Baltimore—poorer city—than New government passes, say, a new regu- to do with overspending or a deficit York, than Detroit, than Los Angeles latory framework that is similar to here? That has to do with somebody’s, because of the wishes of the Congress this, the regulatory framework again some majority’s, ideological obsession of the United States which is respon- alarms him, and he says, I can’t make with placing their autocratic desires on sive to nobody in the District of Co- my way through that government reg- a jurisdiction that did not elect them, lumbia. ulation. I believe I am just not going to cannot put them out. It’s the very defi- They move to abortion. And if it do it. Those two aspects are creating nition of an autocracy. wasn’t enough to keep us from using the great imbalance here between jobs So they pick on the jurisdiction that our own local funds in this budget, as and between our economy. Those can has no Senators and throw us into the they still hope to do, they have put us be balanced and should be for the sake pot because the far right social con- in H.R. 3. H.R. 3 is a bill, and instead of of our future. servatives here want something in this a rider which lasts 1 year, they would Mr. Speaker, I yield back the balance CR. So give them the District of Co- permanently keep the District from of my time. lumbia. You can’t have us. Who do you spending its own funds on abortions for think you are? The residents of the women. This is the majority that does f District of Columbia are free and equal not even want the Federal Government MESSAGE FROM THE SENATE citizens. We will not be traded off like in Federal matters. What in the world A message from the Senate by Ms. we were slaves or a colony that can be are they doing in the matters of the Curtis, one of its clerks, announced thrown in by those who don’t care. We local jurisdiction? that the Senate has passed without care. What kind of tea party Republicans amendment a bill of the House of the So whether it is the other body, or are these who have just added to the following title. this body, or for that matter the Presi- deficit by voting $300 million for pri- vate schools in the District of Colum- H.R. 4. An act to repeal the expansion of dent of the United States, get your information reporting requirements for pay- hands off the local funds of the District bia, adding to the deficit and not pay- ments of $600 or more to corporations, and of Columbia. You didn’t raise a penny ing for it? How do you explain that for other purposes. of it. We will spend it the way we back home? We didn’t ask for these f please. And especially in this battle, vouchers. Nobody even consulted with which has to do with your deficit public officials in the District of Co- STOP INTRUDING IN D.C. LOCAL spending. lumbia before they put that voucher AFFAIRS D.C. has a budget that is balanced. bill on the floor last week. That’s the The SPEAKER pro tempore. Under Why should that budget be over here in kind of contempt this majority has for the Speaker’s announced policy of Jan- the first place? Our budget was ap- the residents of the District of Colum- uary 5, 2011, the gentlewoman from the proved last year. It came here and was bia. District of Columbia (Ms. NORTON) is approved by the House and the Senate We are going to fight back each and recognized for 30 minutes. before the lame duck. Yet last year’s every time, and we are going to say to Ms. NORTON. Mr. Speaker, I have D.C. budget is still here, and we are this administration and to the Senate: come to the floor because in a very real now sitting on the possibility that Don’t give in. Don’t give us away be- sense I feel surrounded. Mr. Speaker, I when the Federal Government, which cause they want a chit and they have was sent to Congress, like every other now looks like it’s stupid enough to decided that chit is the District of Co- Member, to attend to the business of close down because the Republicans lumbia. the Nation. But in fact, I have been won’t take the best deal anybody has I went to the Rules Committee from surrounded. I have been surrounded by had in the history of this body for what the very beginning when a shutdown the new House majority that has de- they wanted, that may shut down. And looked like it was going to occur. I cided to spend huge amounts of time, the American people will be shocked to said, look, this is our money. We are

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2324 CONGRESSIONAL RECORD — HOUSE April 5, 2011 not in this fight. We all agree on that. They have introduced a new one that, lic schools, to flourish. Almost half of This is about Federal spending, the among other things, would say that our children are educated in these inde- Federal deficit, not a deficit from the you could carry guns in the streets of pendent, publicly accountable charter District of Columbia. Let us have a the Nation’s capital and conceal them schools. You go to the jurisdiction of provision here that says the District as well. How would you like 20 million virtually every Member of this House, can spend its own local money for the visitors to see people walking around you will find that their local school rest of the year. I don’t think that with guns that you can see, and what board or their State school authorities there is a single American citizen that do you think that means for the many have kept charters out and kept them would have said that we shouldn’t be official delegations who frequent the growing. We let them in as a home rule able to spend our own local money for streets of the District of Columbia? matter, and they flourished. the rest of this year. The Rules Com- You know, there have been so many I have appointed students from the mittee turned a deaf ear. things that the Republicans have charter schools for service academies. And so we have had a threat of shut- thought of to do, I need to sit down and We’ve got terrific charter schools. down after shutdown. And the only rea- consider: Is there anything they We’ve got a Latin charter school. son the District of Columbia is open is haven’t thought of to do? We’ve got eight KIPP charter schools. because the Federal Government hasn’t One thing that occurs to me to show Those are the top of the mark of public shut down. Now it looks like these peo- you how deep is their contempt for de- schools. I don’t know what we can do. ple are going to shut it down anyway mocracy in the District of Columbia, We’re the last to claim that our public because the tea party Republicans have when they put the District of Columbia schools are what they should be. In tied the hands of the Speaker behind in their bill that goes after women and fact, our public schools have improved his very back and taken him prisoner. insurers nationwide, they tucked us in because of competition from the char- Well, look, don’t take us prisoner there, too, to make sure we could never ter schools. That’s the kind of competi- with him. We don’t have anything to spend local money for abortions for tion you want because the charter do with that fight. Imagine what it poor women. I mentioned that earlier. schools and the public schools are com- would mean to shut down a big city in So, of course, as you might imagine, peting for the same dollar. The private America, and especially since that big since mine was the only district named schools are funded out of a separate city is the Nation’s capital. Imagine in the bill that I would ask to testify— pot. what we look like to the world that we denied. Excuse given? Well, the Demo- Now, a budget resolution comes out even shut down the Nation’s capital crats already had their witness. I today, and it would trade off perhaps when the Federal Government was shut wasn’t a witness for the Democrats the most valuable education program down. Don’t do it. Don’t shut the Fed- against the bill. the city has ever had for this voucher eral Government down. Speaker I asked for common courtesy, the program which is unpaid for and should BOEHNER, himself, said that it would right to be heard on a section of the never pass the House. So they want it cost the government more to shut it bill that involved my District. Some- in next year’s bill, and this is how they down than to keep it open. body else needed to speak for the do it. But if you do shut it down, for good- Democrats as the minority witness on They take D.C. TAG, which Congress ness sake, keep the District of Colum- the bill itself. in the most bipartisan fashion passed bia open. That’s what Speaker Ging- If they look for every attempt, every because the District of Columbia does rich did when the Federal Government occasion to deny us democracy, they not have a State university system shut down. He kept the District of Co- also look for every occasion to deny where you can go to any one of usually lumbia open after the first time—be- the Member who represents this city dozens of colleges. So it funds young- cause it shut down several times—be- the rights that I am due simply as a sters to go to other States. It has dou- cause he recognized you can’t do that courtesy as a colleague. bled college attendance in the District to a big city, a very complex mecha- of Columbia. In order to get a decent b 1550 nism. You simply can’t shut it down job in the District of Columbia, be- and expect that it can keep on moving. Nothing is more precious to Ameri- cause we are the upscale Nation’s Cap- It’s a terrible thing to have H.R. 3 on cans than the right to be able to spend ital, you need some college. the floor in the first place. That would their local funds the way they want to. And yet what the budget resolution strip women of a vital portion of their I thought that the new tea party House does is trade off the few for the many. reproductive rights, but it would also Republicans would be the first to un- He would make the program means go after the insurers to make it almost derstand that. Remember what we are tested. That defeats the whole point. impossible for a woman to get com- talking about. We are talking about By sending our students to the public prehensive insurance, because the in- local funds of a local jurisdiction. colleges of other States, we are trying surer would almost surely have to ex- Time and again, the Republicans use to replicate what is available as a right clude abortion. the fact that our budget comes here in in the States regardless of income. So What kind of a place is this? I order to attach, in the most undemo- if you are rich or poor, if you live in thought that the new majority came to cratic fashion, matters that are their Maryland, Virginia, Ohio or California, town on a bandwagon that said let’s pet projects. Vouchers is an example of you go to the State university. If it create jobs. Where is the jobs bill? Why a pet project of the Speaker, so that were means tested, of course, it would the obsession with a local jurisdiction gets priority in coming to the floor. mean that many, many of the students that has nothing to do with jobs or The District is the only jurisdiction could not go. After all, they’ve got to even with the cutting of spending that that has ever had federally funded pri- go out of the District of Columbia sim- you have been so successful in getting? vate vouchers. There was wholesale re- ply to take advantage of the program It’s your battle, not ours. To pull us sentment and demonstrations against in the first place, and it pays only for into your battle is tantamount to what that when it was first put on our city. tuition. They have to pay for their bullies do in the schoolyard. Somebody Ultimately, we made some com- room and board and for their food. If is watching the fight or is passing by, promises. We let the law go 2 years they had to, if it is means tested, then, they just get pulled into the fight. We past its expiration date. The Obama ad- of course, what you are doing is killing are not even onlookers. We simply are ministration said anybody who is still the program. not in it. in private school can remain until they Somebody had to sit down and think It’s as if Republicans had a meeting: graduate. You can never compromise that one up. And they thought it up as How many things that we haven’t done enough with the House Republicans. a way to pay for vouchers we never can we do to the District of Columbia, Now they want it all over again. asked for, neither I nor any other pub- and how many things that we have They want to restart it. I particularly lic official in the District of Columbia done can we do? Well, they have intro- resent the voucher bill because the Dis- was consulted about. We are tired of it. duced a gun bill. The courts have al- trict of Columbia is one of the only ju- We are depending on the Senate to be ready found the new gun law the Dis- risdictions that has allowed public a bulwark against madness because trict passed constitutional. charter schools, separate from our pub- that’s what we have here. We see it in

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 5, 2011 CONGRESSIONAL RECORD — HOUSE H2325 the move to shut down the govern- b 1600 Accordingly (at 4 o’clock and 5 min- ment. No, they don’t want to shut This is not something you want to do utes p.m.), the House stood in recess down the government, but they don’t to the Nation’s Capital. It makes us subject to the call of the Chair. have control of their own people. look idiotic to the world at large. For f There’s no discipline on the other side myself, I want to go back to doing the b 1731 of the aisle. There’s no democracy Nation’s business. I don’t want to be there. They let a few Members who are taken off of that business every other AFTER RECESS the most extreme slice of America de- day because some Republican or the The recess having expired, the House cide what their whole caucus will do. Republican majority has decided to do was called to order by the Speaker pro We simply will not be hostages to the something undemocratic to the district tempore (Mr. REED) at 5 o’clock and 31 new House majority. If you can’t get I represent. minutes p.m. what you want on the floor when you I put forward an amendment that control it, don’t put it on the District would get rid of the issue of who gets f of Columbia. You should be able, be- shut down when the Federal Govern- REPORT ON RESOLUTION PRO- cause of your majority, to do what you ment gets shut down once and for all. VIDING FOR CONSIDERATION OF want to do. We are not the repository It simply says, look, when the Federal H.R. 910, ENERGY TAX PREVEN- for every pet idea that you otherwise Government shuts down, if the District TION ACT OF 2011 dare not put on the House floor. And of Columbia budget is over here and it Mr. NUGENT, from the Committee that is what we have become. has gone through the process, the Dis- on Rules, submitted a privileged report trict of Columbia can spend its own We had hoped that the new majority (Rept. No. 112–54) on the resolution (H. local funds. Remember, the budget that would focus on the Nation’s business, Res. 203) providing for consideration of comes over here was raised in the Dis- what it said it wanted to do. It has fo- the bill (H.R. 910) to amend the Clean trict of Columbia and should not be cused on the deficit as the Nation’s Air Act to prohibit the Administrator business, although it’s taking food out over here in the first place. I had a budget autonomy bill last ses- of the Environmental Protection Agen- of the mouths of children in the proc- cy from promulgating any regulation ess. But at least that’s a focus on na- sion that until the very last moment was going to get through this House concerning, taking action relating to, tional business. or taking into consideration the emis- The average American would ask and the Senate. It is the very essence of no democracy that somebody’s own sion of a greenhouse gas to address cli- those who voted to increase the deficit mate change, and for other purposes, by $300 million last week for private taxes that they raise in their own local jurisdiction would be subject to some- which was referred to the House Cal- schools in the District of Columbia, endar and ordered to be printed. why in the world did you do that? Why body else who didn’t have anything to did you want to give them this? I will do with raising a cent of those taxes. f tell you why. It was the pet idea of the That is what happens to the District of ADJOURNMENT Speaker, and they don’t dare put a na- Columbia. When the District of Columbia’s Mr. NUGENT. Mr. Speaker, I move tional voucher bill on the floor. that the House do now adjourn. The way to do it, you wouldn’t have budget comes here, they don’t dare change anything in the complicated The motion was agreed to; accord- to coerce anybody. You would say, we ingly (at 5 o’clock and 33 minutes have vouchers available nationally. local budget of the District of Colum- bia. That is very complicated. You p.m.), under its previous order, the Let’s have competitive grants. Anyone House adjourned until tomorrow, who wants vouchers can have them. could throw everything out of kilter. So essentially they don’t bother with Wednesday, April 6, 2011, at 10 a.m. for You compete for them. That’s how we morning-hour debate. do things in the Federal Government. the budget. They spend all of their time seeing what they can attach to Why didn’t they do that? They didn’t f the budget, substantive legislation do that because there’s been ref- EXECUTIVE COMMUNICATIONS, that has no place in an appropriation erendum after referendum in the ETC. in the first place and has no place in states, and not one private school somebody else’s budget above all. Under clause 2 of rule XIV, executive voucher referendum has been won by Mr. Speaker, part of the problem communications were taken from the private school voucher proponents. You may be that some Members either do Speaker’s table and referred as follows: go home and you tell any American not know because they are new or have 1034. A letter from the Legal Information that you are spending Federal money forgotten, either because for 4 years of Assistant, Department of the Treasury, for private schools now, you will get Democratic control these issues didn’t transmitting the Department’s final rule — your head handed to you. That’s how it come up, or because they want to for- Community Reinvestment Act-Interagency was when these referenda ran their get. I come to the floor this afternoon Uniformity [No. 2007-03] (RIN: 1550-AC08) re- course. ceived March 11, 2011, pursuant to 5 U.S.C. to assure you I shall not let you forget, Imagine now when the Republicans 801(a)(1)(A); to the Committee on Financial we will make sure that in your home Services. are cutting billions of dollars from districts, they know that you are at- every public school district in the 1035. A letter from the Assistant General tending not to the business of that dis- Counsel for Legislation, Regulation and En- United States, imagine how it looks trict but to the business of the District ergy Efficiency, Department of Energy, when they are spending money for pri- of Columbia and that you are doing so transmitting the Department’s final rule — vate school vouchers on a district that in the most undemocratic and auto- Energy Conservation Program: Certification, never asked for it and doesn’t want it cratic fashion. You who quote the Con- Compliance, and Enforcement for Consumer Products and Commercial and Industrial because it’s somebody’s pet project. stitution ought to sit down and think Take your pet projects and you know Equipment [Docket No.: EERE-2010-BT-CE- for a moment what the Framers would 0014] (RIN: 1904-AC23) received March 11, 2011, what you can do with them. Do that have done had they seen the Federal with them; don’t do it here in the Dis- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Government, which they were afraid of, mittee on Energy and Commerce. trict of Columbia. intervene into the local affairs of any 1036. A letter from the Assistant General We ask the majority to stop your ob- district. Counsel for Legislation, Regulation and En- session with one jurisdiction, the Dis- I ask you: hands off, lay off the Dis- ergy Efficiency, Department of Energy, trict of Columbia. We ask you if you trict of Columbia. transmitting the Department’s final rule — Human Reliability Program: Identification shut down the Federal Government, for f goodness’ sake, don’t shut down one of of Reviewing Official (RIN: 1992-AZ00) re- America’s big cities and a city on RECESS ceived March 11, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and which you depend greatly. Many of you The SPEAKER pro tempore. Pursu- Commerce. live here. Many of the services for the ant to clause 12(a) of rule I, the Chair 1037. A letter from the Executive Director, Federal Government are taken care of declares the House in recess subject to Federal Energy Regulatory Commission, by the District of Columbia. the call of the Chair. transmitting the Commission’s final rule —

VerDate Mar 15 2010 01:06 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H05AP1.REC H05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H2326 CONGRESSIONAL RECORD — HOUSE April 5, 2011 Annual Update of Filing Fees [Docket No.: ting the Board’s report entitled ‘‘Making the Sec. 118 SALT) received March 11, 2011, pur- RM 11-5-000] received March 11, 2011, pursu- Right Connections: Targeting the Best Com- suant to 5 U.S.C. 801(a)(1)(A); to the Com- ant to 5 U.S.C. 801(a)(1)(A); to the Committee petencies for Training’’; to the Committee mittee on Ways and Means. on Energy and Commerce. on Oversight and Government Reform. 1061. A letter from the Chief, Publications 1038. A letter from the Secretary, Federal 1050. A letter from the Chief Administra- and Regulations Branch, Internal Revenue Trade Commission, transmitting the Com- tive Officer, transmitting the semiannual re- Service, transmitting the Service’s final rule mission’s final rule — Disclosures Regarding port of receipts and expenditures of appro- — Guidance under Section 1502; Amendment Energy Consumption and Water Use of Cer- priations and other funds for the period Jan- of Matching Rule for Certain Gains on Mem- tain Home Appliances and Other Products uary 1, 2011 through March 31, 2011, pursuant ber Stock [TD: 9515] (RIN: 1545-BH20) re- Required Under the Energy Policy and Con- to 2 U.S.C. 104a Public Law 88-454; (H. Doc. ceived March 4, 2011, pursuant to 5 U.S.C. servation Act (Appliance Labeling Rule) No. 112—15); to the Committee on House Ad- 801(a)(1)(A); to the Committee on Ways and (RIN: 3084-AB15) received March 11, 2011, pur- ministration and ordered to be printed. Means. suant to 5 U.S.C. 801(a)(1)(A); to the Com- 1051. A letter from the Director, Office of 1062. A letter from the Chief, Publications mittee on Energy and Commerce. Surface Mining, Department of the Interior, and Regulations Branch, Internal Revenue 1039. A letter from the Acting Assistant transmitting the Department’s final rule — Service, transmitting the Service’s final rule Secretary, Legislative Affairs, Department Louisiana Regulatory Program/Abandoned — Exclusion of Income: Non-Corporate Enti- of State, transmitting Transmittal No. Mine Land Reclamation Plan [SATS No. LA- ties and Contributions to Capital [UIL: DDTC 10-136, pursuant to the reporting re- 023-FOR; Docket No. OSM-2010-0005] received 118.01-02] received March 4, 2011, pursuant to quirements of Section 36(c) of the Arms Ex- March 4, 2011, pursuant to 5 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on port Control Act; to the Committee on For- 801(a)(1)(A); to the Committee on Natural Ways and Means. eign Affairs. Resources. 1063. A letter from the Chief, Publications 1040. A letter from the Acting Assistant 1052. A letter from the Director, Office of and Regulations Branch, Internal Revenue Secretary, Legislative Affairs, Department Surface Mining, Department of the Interior, Service, transmitting the Service’s final rule of State, transmitting Transmittal No. transmitting the Department’s final rule — — Examination of returns and claims for re- DDTC 11-002, pursuant to the reporting re- Kentucky Regulatory Program [KY-252-FOR; fund, credit, or abatement; determination of quirements of Section 36(c) of the Arms Ex- OSM-2009-0011] received March 4, 2011, pursu- correct tax liability (Rev. Proc. 2011-21) re- port Control Act; to the Committee on For- ant to 5 U.S.C. 801(a)(1)(A); to the Committee ceived March 3, 2011, pursuant to 5 U.S.C. eign Affairs. on Natural Resources. 801(a)(1)(A); to the Committee on Ways and 1041. A letter from the Acting Assistant 1053. A letter from the Director, Office of Means. Secretary, Legislative Affairs, Department Surface Mining, Department of the Interior, 1064. A letter from the Deputy Director, Of- of State, transmitting Transmittal No. transmitting the Department’s final rule — fice of Regulations, Social Security Adminis- DDTC 11-012, pursuant to the reporting re- Montana Regulatory Program [SATS No.: tration, transmitting the Administration’s quirements of Section 36(c) of the Arms Ex- MT-031-FOR; Administrative Record No. final rule — Protecting the Public and our port Control Act; to the Committee on For- OSM-2010-0010] received March 4, 2011, pursu- Employees in our Hearing Process [Docket eign Affairs. ant to 5 U.S.C. 801(a)(1)(A); to the Committee No.: SSA-2011-0008] (RIN: 0960-AH29) received 1042. A letter from the Acting Assistant on Natural Resources. March 11, 2011, pursuant to 5 U.S.C. Secretary, Legislative Affairs, Department 1054. A letter from the Ombudsman for the 801(a)(1)(A); to the Committee on Ways and of State, transmitting Transmittal No. Energy Employees, Department of Labor, Means. DDTC 11-006, pursuant to the reporting re- transmitting the Department’s 2010 Annual f quirements of Section 36(c) of the Arms Ex- Report of the Ombudsman for the Energy port Control Act; to the Committee on For- Employees Occupational Illness Compensa- REPORTS OF COMMITTEES ON eign Affairs. tion Program, pursuant to 42 U.S.C. 7385s- PUBLIC BILLS AND RESOLUTIONS 1043. A letter from the Acting Assistant 15(e); to the Committee on the Judiciary. Under clause 2 of rule XIII, reports of 1055. A letter from the Deputy General Secretary, Legislative Affairs, Department committees were delivered to the Clerk of State, transmitting Transmittal No. Counsel, Small Business Administration, DDTC 11-023, pursuant to the reporting re- transmitting the Administration’s final rule for printing and reference to the proper quirements of Section 36(d) of the Arms Ex- — Surety Bond Guarantee Program; Disaster calendar, as follows: port Control Act; to the Committee on For- and Miscellaneous Amendments (RIN: 3245- Mr. SESSIONS: Committee on Rules. eign Affairs. AF77) received March 11, 2011, pursuant to 5 House Resolution 203. Resolution providing 1044. A letter from the Acting Assistant U.S.C. 801(a)(1)(A); to the Committee on for consideration of the bill (H.R. 910) to Secretary, Legislative Affairs, Department Small Business. amend the Clean Air Act to prohibit the Ad- of State, transmitting Transmittal No. 1056. A letter from the Chief, Publications ministrator of the Environmental Protection DDTC 11-007, pursuant to the reporting re- and Regulations Branch, Internal Revenue Agency from promulgating any regulation quirements of Section 36(d) of the Arms Ex- Service, transmitting the Service’s final rule concerning, taking action relating to, or port Control Act; to the Committee on For- — Definition of Readily Tradable On An Es- taking into consideration the emission of a eign Affairs. tablished Securities Market [Notice 2011-19] greenhouse gas to address climate change, 1045. A letter from the Acting Assistant received March 3, 2011, pursuant to 5 U.S.C. and for other purposes (Rept. 112–54). Re- Secretary, Legislative Affairs, Department 801(a)(1)(A); to the Committee on Ways and ferred to the House Calendar. of State, transmitting Transmittal No. Means. f DDTC 10-118, pursuant to the reporting re- 1057. A letter from the Chief, Publications quirements of Section 36(d) of the Arms Ex- and Regulations Branch, Internal Revenue PUBLIC BILLS AND RESOLUTIONS port Control Act; to the Committee on For- Service, transmitting the Service’s final rule Under clause 2 of rule XII, public eign Affairs. — Update for Weighted Average Interest bills and resolutions of the following 1046. A letter from the Acting Assistant Rates, Yield Curves, and Segment Rates [No- Secretary, Legislative Affairs, Department tice 2011-22] received March 11, 2011, pursuant titles were introduced and severally re- of State, transmitting Transmittal No. to 5 U.S.C. 801(a)(1)(A); to the Committee on ferred, as follows: DDTC 11-021, pursuant to the reporting re- Ways and Means. By Mr. CHAFFETZ (for himself and quirements of Section 36(c) and 36(d) of the 1058. A letter from the Chief, Publications Mr. POLIS): Arms Export Control Act; to the Committee and Regulations, Internal Revenue Service, H.R. 1364. A bill to amend the Federal on Foreign Affairs. transmitting the Service’s final rule — Field Food, Drug, and Cosmetic Act concerning 1047. A letter from the Acting Assistant Guidance on the Planning and Examination the distribution of information on legitimate Secretary, Legislative Affairs, Department of Sales-Based Royalty Payments and Sales- scientific research in connection with foods of State, transmitting Transmittal No. Based Vendor Allowances [LB&I-4-0211-002] and dietary supplements, and for other pur- DDTC 11-010, pursuant to the reporting re- received March 11, 2011, pursuant to 5 U.S.C. poses; to the Committee on Energy and Com- quirements of Section 36(c) and 36(d) of the 801(a)(1)(A); to the Committee on Ways and merce. Arms Export Control Act; to the Committee Means. By Mr. RAHALL: on Foreign Affairs. 1059. A letter from the Chief, Publications H.R. 1365. A bill to amend the Surface Min- 1048. A letter from the Deputy Archivist of and Regulations, Internal Revenue Service, ing Control and Reclamation Act of 1977 to the United States, National Archives and transmitting the Service’s final rule — Cer- provide for use of excess funds available Records Administration, transmitting the tain Amounts Paid in Connection with Insur- under that Act to provide for certain bene- Administration’s final rule — Presidential ance Contracts (Rev. Rul. 2011-9) received fits, and for other purposes; to the Com- Library Facilities; Correction [NARA-07- March 11, 2011, pursuant to 5 U.S.C. mittee on Natural Resources. 0005] (RIN: 3095-AA82) received March 4, 2011, 801(a)(1)(A); to the Committee on Ways and By Mr. LIPINSKI (for himself, Mr. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Means. MANZULLO, Mr. DINGELL, Mr. mittee on Oversight and Government Re- 1060. A letter from the Chief, Publications SHIMKUS, Mr. MICHAUD, Mr. SCHOCK, form. and Regulations, Internal Revenue Service, Mr. RYAN of Ohio, Mr. DUNCAN of 1049. A letter from the Chairman, U.S. transmitting the Service’s final rule — State Tennessee, Mr. MURPHY of Con- Merit Systems Protection Board, transmit- and Local Location Tax Incentives (I.R.C. necticut, Mr. JOHNSON of Illinois, Mr.

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LARSON of Connecticut, Mr. JONES, Mr. OLVER, Mr. MURPHY of Con- By Ms. LEE of California: Ms. SUTTON, Mr. WOLF, Mr. VIS- necticut, Mr. STARK, Mr. GRIJALVA, H. Res. 204. A resolution supporting the CLOSKY, Mr. KINZINGER of Illinois, Mr. Mr. CONNOLLY of Virginia, Mr. FRANK goals and ideals of ‘‘National STD Awareness BRALEY of Iowa, Mr. LATOURETTE, of Massachusetts, Ms. DELAURO, Mr. Month‘‘; to the Committee on Energy and Mr. LYNCH, Mr. MCKINLEY, Mr. GENE LEVIN, Ms. LEE of California, Ms. Commerce. GREEN of Texas, and Mr. CICILLINE): SPEIER, Mr. TONKO, Mr. SHULER, Mr. By Mr. WEST (for himself, Mr. ROSS of H.R. 1366. A bill to require the President to LYNCH, Ms. SLAUGHTER, Mr. POLIS, Florida, Mr. RIVERA, Mr. YOUNG of prepare a quadrennial national manufac- Mr. GEORGE MILLER of California, Mr. Florida, Mr. BUCHANAN, Mr. ROONEY, turing strategy, and for other purposes; to KUCINICH, Mr. SCHIFF, Mr. ROTHMAN Mr. HASTINGS of Florida, and Mr. the Committee on Energy and Commerce, of New Jersey, Mr. LANGEVIN, Mr. DIAZ-BALART): and in addition to the Committee on the SMITH of Washington, Mr. COOPER, H. Res. 205. A resolution congratulating Budget, for a period to be subsequently de- Mrs. NAPOLITANO, Ms. VELA´ ZQUEZ, the Town of Palm Beach and its citizens on termined by the Speaker, in each case for Mr. JOHNSON of Georgia, Mr. HONDA, its 100 year anniversary; to the Committee consideration of such provisions as fall with- Mr. MCGOVERN, Mr. MORAN, Mr. SAR- on Oversight and Government Reform. in the jurisdiction of the committee con- BANES, Ms. WOOLSEY, Mr. MCNERNEY, f cerned. Mr. ACKERMAN, Ms. TSONGAS, Ms. CONSTITUTIONAL AUTHORITY By Mr. PETERS (for himself, Mr. DIN- SCHWARTZ, Mr. HINCHEY, Mr. VAN STATEMENT GELL, Ms. SUTTON, Mr. CONYERS, Mr. HOLLEN, Mr. FILNER, Mr. HOLT, Mrs. Pursuant to clause 7 of rule XII of KILDEE, Mr. CLARKE of Michigan, Mr. LOWEY, Ms. RICHARDSON, Mr. LARSON of Connecticut, Mr. QUIGLEY, Mr. HASTINGS of Florida, the Rules of the House of Representa- CONNOLLY of Virginia, Mr. KUCINICH, Mr. MICHAUD, Mr. KILDEE, Ms. PIN- tives, the following statements are sub- and Mr. LEVIN): GREE of Maine, Mr. ELLISON, Mr. mitted regarding the specific powers H.R. 1367. A bill to provide for a program of CROWLEY, and Mr. CHANDLER): granted to Congress in the Constitu- research, development, demonstration, and H.R. 1375. A bill to amend the Federal tion to enact the accompanying bill or commercial application in vehicle tech- Water Pollution Control Act to clarify that joint resolution. nologies at the Department of Energy; to the fill material cannot be comprised of waste; Committee on Science, Space, and Tech- to the Committee on Transportation and In- By Mr. CHAFFETZ: nology. frastructure. H.R. 1364. By Mrs. DAVIS of California (for her- By Mr. POSEY: Congress has the power to enact this legis- self and Mr. POLIS): H.R. 1376. A bill to require State govern- lation pursuant to the following: H.R. 1368. A bill to amend the Elementary ments to submit fiscal accounting reports as This bill is enacted pursuant to Article 1, and Secondary Education Act of 1965 to re- a condition to the receipt of Federal finan- Section 8, Clause 3 and the 1st Amendment quire the establishment of teacher evalua- cial assistance, and for other purposes; to to the US Constitution. tion programs; to the Committee on Edu- the Committee on Oversight and Govern- By Mr. RAHALL: cation and the Workforce. ment Reform. H.R. 1365. Congress has the power to enact this legis- By Mr. BOREN (for himself, Mr. COLE, By Ms. SUTTON (for herself, Mr. TURN- lation pursuant to the following: Mr. SULLIVAN, Mr. LANKFORD, and ER, Mr. MEEKS, Ms. LEE of California, Clause 3 of section 8 of article I of the Con- Mr. LUCAS): Mr. HINCHEY, Mr. ISRAEL, Mr. PAYNE, stitution. H.R. 1369. A bill to designate the facility of Mr. JACKSON of Illinois, Mr. By Mr. LIPINSKI: the United States Postal Service located at YARMUTH, Mr. COURTNEY, Ms. RICH- H.R.1366. 1021 Pennsylvania Avenue in Hartshorne, ARDSON, Mr. RYAN of Ohio, Mrs. Congress has the power to enact this legis- Oklahoma, as the ‘‘Warren Lindley Post Of- MALONEY, Ms. DELAURO, Mr. lation pursuant to the following: fice’’; to the Committee on Oversight and LOEBSACK, Ms. FUDGE, Mr. CUMMINGS, The constitutional authority on which this Government Reform. Ms. NORTON, Mr. JOHNSON of Georgia, bill rests is the power of Congress to regulate By Mr. BOUSTANY: Mr. MCGOVERN, Mr. VAN HOLLEN, Mr. foreign and interstate commerce, as enumer- H.R. 1370. A bill to repeal the annual fee on SABLAN, Mr. GRIJALVA, Ms. WILSON of ated in Article 1, Section 8, Clause 3 of the health insurance providers enacted by the Florida, Ms. SCHAKOWSKY, Mr. TONKO, United States Constitution. Patient Protection and Affordable Care Act; Mr. WALZ of Minnesota, Ms. KAPTUR, to the Committee on Energy and Commerce, By Mr. PETERS: Mr. CHANDLER, Mrs. LOWEY, Mr. H.R. 1367. and in addition to the Committee on Ways MICHAUD, Mr. KILDEE, Ms. DEGETTE, Congress has the power to enact this legis- and Means, for a period to be subsequently and Mr. COHEN): lation pursuant to the following: determined by the Speaker, in each case for H.R. 1377. A bill to establish a grant pro- Article I, section 8 of the Constitution of consideration of such provisions as fall with- gram for automated external defibrillators the United States grants Congress the au- in elementary and secondary schools; to the in the jurisdiction of the committee con- thority to enact H.R. 3246. Committee on Education and the Workforce, cerned. By Mrs. DAVIS of California: By Mr. COHEN: and in addition to the Committee on Energy H.R. 1368. H.R. 1371. A bill to amend SAFETEA-LU to and Commerce, for a period to be subse- Congress has the power to enact this legis- ensure that projects that assist the estab- quently determined by the Speaker, in each lation pursuant to the following: lishment of aerotropolis transportation sys- case for consideration of such provisions as Article I, Section 8, Clause 1. tems are eligible for certain grants, and for fall within the jurisdiction of the committee By Mr. BOREN: other purposes; to the Committee on Trans- concerned. H.R. 1369. portation and Infrastructure. By Mr. VISCLOSKY: Congress has the power to enact this legis- By Mr. GOODLATTE (for himself, Mr. H.R. 1378. A bill to prohibit business enter- lation pursuant to the following: RIGELL, Mr. WITTMAN, Mr. WOLF, Mr. prises that lay off a greater percentage of Clause 7, Section 8, Article I of the Con- FORBES, Mr. HURT, and Mr. GRIFFITH their United States workers than workers in stitution of Virginia): other countries from receiving any Federal By Mr. BOUSTANY: H.R. 1372. A bill to authorize the Secretary assistance, and for other purposes; to the H.R. 1370. of the Interior to conduct oil and natural gas Committee on Oversight and Government Congress has the power to enact this legis- exploration, leasing, and drilling activities Reform. lation pursuant to the following: on the outer Continental Shelf offshore the By Mr. WU (for himself, Ms. EDDIE BER- Article I State of Virginia, and for other purposes; to NICE JOHNSON of Texas, Mr. LIPINSKI, By Mr. COHEN: the Committee on Natural Resources. Ms. FUDGE, Mr. TONKO, and Ms. WIL- H.R. 1371. By Mr. ISRAEL: SON of Florida): Congress has the power to enact this legis- H.R. 1373. A bill to direct the Adminis- H.R. 1379. A bill to reauthorize Federal lation pursuant to the following: trator of the Federal Aviation Administra- natural hazards reduction programs, and for Article I, Section 8, Clause 3 of the United tion to issue an order regarding secondary other purposes; to the Committee on States Constitution cockpit barriers; to the Committee on Trans- Science, Space, and Technology, and in addi- By Mr. GOODLATTE: portation and Infrastructure. tion to the Committees on Natural Re- H.R. 1372. By Mr. DANIEL E. LUNGREN of Cali- sources, and Transportation and Infrastruc- Congress has the power to enact this legis- fornia (for himself and Ms. ZOE ture, for a period to be subsequently deter- lation pursuant to the following: LOFGREN of California): mined by the Speaker, in each case for con- Article IV, Section 3 of the United States H.R. 1374. A bill to establish the Daniel sideration of such provisions as fall within Constitution. Webster Congressional Clerkship Program; the jurisdiction of the committee concerned. By Mr. ISRAEL: to the Committee on House Administration. By Mr. HENSARLING: H.R. 1373. By Mr. PALLONE (for himself, Mr. H. Res. 202. A resolution electing a Member Congress has the power to enact this legis- REICHERT, Mr. YARMUTH, Mr. to a certain standing committee of the lation pursuant to the following: KISSELL, Mr. BERMAN, Mr. House of Representatives; considered and Clause 3 of section 8 of article I of the Con- BLUMENAUER, Ms. CASTOR of Florida, agreed to. considered and agreed to. stitution

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By Mr. DANIEL E. LUNGREN of Cali- MARCHANT, Mr. OWENS, Mr. FLORES, Mr. H.R. 1089: Mr. LARSEN of Washington and fornia: KLINE, Mr. LUETKEMEYER, Mr. WESTMORE- Ms. SCHAKOWSKY. H.R. 1374. LAND, Mr. BROOKS, and Mr. BRADY of Texas. H.R. 1110: Mr. CONYERS. Congress has the power to enact this legis- H.R. 440: Mr. MCGOVERN and Mr. MORAN. H.R. 1113: Mr. HEINRICH, Ms. SUTTON, and lation pursuant to the following: H.R. 459: Mr. TIPTON, Mr. SCHILLING, Mr. Mr. LEWIS of Georgia. The constitutional authority on which this KLINE, and Mr. GRAVES of Missouri. H.R. 1131: Ms. HIRONO. bill rests is Article 1 Section 8 of the Con- H.R. 470: Mr. BECERRA and Mr. BILBRAY. H.R. 1132: Ms. LEE of California, Mr. COSTA, stitution. H.R. 502: Ms. SUTTON. and Mrs. CAPPS. By Mr. PALLONE: H.R. 515: Mr. POMPEO. H.R. 1140: Mr. FLEMING and Mrs. ADAMS. H.R. 1375. H.R. 516: Mr. KISSELL. H.R. 1142: Mrs. MYRICK and Mr. YOUNG of Congress has the power to enact this legis- H.R. 575: Mr. HELLER. lation pursuant to the following: H.R. 595: Mr. WEST and Mr. SMITH of New Indiana. Article I, Section 8, Clause 18 Jersey. H.R. 1161: Mr. HOLT, Mr. STEARNS, Mr. The Congress shall have power to make all H.R. 615: Mr. CHAFFETZ, Mr. SIMPSON, Mr. KISSELL, Mr. CRAWFORD, and Mr. SMITH of Laws which shall be necessary and proper for BURTON of Indiana, Mr. GRIMM, Mrs. MILLER Nebraska. carrying into Execution the foregoing Pow- of Michigan, Mr. BROOKS, Mr. SAM JOHNSON H.R. 1182: Mr. JONES. ers, and all other Powers vested by the Con- of Texas, Mr. KLINE, Mr. LUETKEMEYER, Mr. H.R. 1186: Mr. HINOJOSA. stitution in the Government of the United WESTMORELAND, Mr. FLORES, Mr. WITTMAN, H.R. 1195: Mr. WEST, Mr. LATHAM, Mr. States, or in any Department or Officer Mr. MARCHANT, Mr. THORNBERRY, Mr. YOUNG RUSH, Mr. THOMPSON of Mississippi, Ms. KAP- thereof. of Alaska, and Mr. OWENS. TUR, Mr. ANDREWS, Mr. MORAN, Ms. ZOE By Mr. POSEY: H.R. 616: Mr. MORAN. LOFGREN of California, Ms. HIRONO, and Mr. H.R. 1376. H.R. 645: Mr. ROGERS of Alabama, Mr. ALEXANDER. Congress has the power to enact this legis- SCALISE, Mr. KISSELL, Mr. HELLER, Mr. H.R. 1211: Mr. LONG and Mr. WALBERG. lation pursuant to the following: CRITZ, Mr. GINGREY of Georgia, Mr. RAHALL, H.R. 1219: Mr. RUSH, Mr. THOMPSON of Mis- Article I, Section 8, Clause 1 Mr. COFFMAN of Colorado, Mr. TIBERI, Mr. sissippi, Mr. BROOKS, and Mr. LATHAM. By Ms. SUTTON: ROSS of Florida, Mr. CARTER, Mr. TERRY, Mr. H.R. 1221: Mr. MCCOTTER. H.R. 1377. SHULER, Mr. COLE, Mr. DENHAM, Mr. RYAN of H.R. 1222: Mrs. CAPITO. Congress has the power to enact this legis- Ohio, Mr. GARY G. MILLER of California, Mr. H.R. 1224: Mrs. CAPITO. lation pursuant to the following: LUCAS, Mr. SIMPSON, Mr. BURTON of Indiana, Article I, Section 8 of the Constitution of H.R. 1225: Mrs. CAPITO. Mr. BUCHANAN, Mrs. MILLER of Michigan, Mr. the United States H.R. 1226: Mrs. CAPITO. SAM JOHNSON of Texas, Mr. BROOKS, and Mr. By Mr. VISCLOSKY: H.R. 1227: Mrs. CAPITO. OWENS. H.R. 1378. H.R. 651: Mr. CLARKE of Michigan, Ms. H.R. 1234: Mr. REHBERG. Congress has the power to enact this legis- BALDWIN, Ms. DEGETTE, and Mr. WAXMAN. H.R. 1269: Ms. WOOLSEY. lation pursuant to the following: H.R. 678: Mr. ROSS of Arkansas. H.R. 1287: Mrs. MYRICK, Mr. LABRADOR, Ms. Clause 3 of Section 8 of Article I of the H.R. 679: Mr. SABLAN. GRANGER, and Mr. WOODALL. Constitution. H.R. 735: Mrs. MCMORRIS RODGERS, Mr. H.R. 1288: Ms. BORDALLO. By Mr. WU: GARDNER, Mr. MCHENRY, Mr. ROGERS of Ala- H.R. 1379. H.R. 1291: Mr. RAHALL. bama, and Mr. BACHUS. Congress has the power to enact this legis- H.R. 1294: Mr. SCOTT of Virginia. H.R. 763: Mr. HALL and Mr. BENISHEK. lation pursuant to the following: H.R. 1319: Mr. OLVER and Ms. LEE of Cali- H.R. 764: Mr. NUNNELEE. Article I, section 8 of the Constitution of fornia. H.R. 765: Mrs. MCMORRIS RODGERS. the United States. H.R. 1326: Mr. BERMAN. H.R. 795: Mr. CARDOZA. H.R. 1343: Mr. WALDEN, Mr. TERRY, Mr. f H.R. 800: Mrs. HARTZLER and Mr. MCCAUL. GUTHRIE, Mr. ROGERS of Michigan, Mr. MUR- H.R. 822: Mr. THOMPSON of Pennsylvania, ADDITIONAL SPONSORS PHY of Pennsylvania, Mr. WHITFIELD, Mr. Mr. GUINTA, Mr. BROOKS, Mrs. ELLMERS, Mr. SULLIVAN, Mr. BURGESS, Mrs. BLACKBURN, Under clause 7 of rule XII, sponsors CONAWAY, Mr. FLORES, Mr. MARCHANT, Mr. Mr. BILBRAY, Mr. GINGREY of Georgia, Mr. were added to public bills and resolu- MURPHY of Pennsylvania, and Mr. BRADY of SCALISE, Mrs. MCMORRIS RODGERS, Mr. Texas. tions as follows: LATTA, Mr. LANCE, Mr. POMPEO, Mr. OLSON, H.R. 827: Mr. HOLDEN. H.R. 5: Mr. HALL and Mr. FLEISCHMANN. Mr. STEARNS, Mr. HARPER, Mr. KINZINGER of H.R. 883: Mr. LANGEVIN. H.R. 27: Mr. DAVIS of Kentucky. Illinois, Mr. CASSIDY, Mr. SHIMKUS, Mr. BAR- H.R. 895: Mr. GIBSON. H.R. 104: Mr. WU, Mr. HARPER, and Mr. TON of Texas, Mr. UPTON, and Mr. PITTS. H.R. 904: Mr. DENHAM, Mr. SHIMKUS, Mr. COSTELLO. H.R. 1351: Mr. CONNOLLY of Virginia, Mr. H.R. 114: Mr. BUCHANAN, Mr. PLATTS, and KLINE, Mr. FORBES, and Mr. WALSH of Illi- KUCINICH, Mr. TIERNEY, Mr. TOWNS, Mr. Mr. WITTMAN. nois. DAVIS of Illinois, Ms. NORTON, and Mr. CLAY. H.R. 140: Mr. DAVIS of Kentucky. H.R. 930: Mr. MCDERMOTT. H.R. 1361: Mr. COHEN. H.R. 217: Mr. BERG. H.R. 959: Mr. PASCRELL. EE H.R. 237: Ms. CASTOR of Florida. H.R. 965: Ms. NORTON and Mr. MCDERMOTT. H.J. Res. 47: Ms. L of California. H.R. 290: Mr. GARY G. MILLER of California. H.R. 969: Mr. MCCLINTOCK. H. Res. 20: Mr. HIGGINS. H.R. 412: Mr. WALSH of Illinois. H.R. 977: Mr. LEVIN. H. Res. 95: Mr. WALDEN. H.R. 420: Mr. THORNBERRY, Mr. YOUNG of H.R. 1040: Mr. WEST. H. Res. 134: Mr. FORTENBERRY. Alaska, Mr. MURPHY of Pennsylvania, Mr. H.R. 1085: Mr. QUIGLEY and Mr. DOGGETT. H. Res. 185: Ms. WOOLSEY.

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Vol. 157 WASHINGTON, TUESDAY, APRIL 5, 2011 No. 48 Senate The Senate met at 10 a.m. and was appoint the Honorable JEANNE SHAHEEN, a may cause inconvenience and hardship called to order by the Honorable Senator from the State of New Hampshire, across America. JEANNE SHAHEEN, a Senator from the to perform the duties of the Chair. I yield the floor. State of New Hampshire. DANIEL K. INOUYE, President pro tempore. f PRAYER Mrs. SHAHEEN thereupon assumed RECOGNITION OF THE MINORITY The Chaplain, Dr. Barry C. Black, of- the chair as Acting President pro tem- LEADER fered the following prayer: pore. The ACTING PRESIDENT pro tem- Let us pray. f pore. The Republican leader is recog- Lord God Almighty, how great and nized. RECOGNITION OF THE ACTING wonderful are Your deeds. Mr. MCCONNELL. Madam President, MAJORITY LEADER Bless today the many people who I suggest the absence of a quorum. help our Senators do their work. Lord, The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- we thank You for the many members of pore. The acting majority leader is rec- pore. The clerk will call the roll. their staffs who help them succeed. We ognized. The assistant legislative clerk pro- thank You for our pages and the sig- ceeded to call the roll. nificant work they do. We are grateful f Mr. MCCONNELL. Madam President, for those who work without fanfare to SCHEDULE I ask unanimous consent that the order keep the legislative process going. Mr. DURBIN. Madam President, fol- for the quorum call be rescinded. Keep these faithful servants of freedom lowing any leader remarks, there will The ACTING PRESIDENT pro tem- from growing weary in their labors. Re- be a period of morning business until 11 pore. Without objection, it is so or- mind them that their harvest season a.m., with the Republicans controlling dered. will come. May they never forget that the first half and the majority control- faithfulness is more important to You f ling the final half. Following morning than success. Guide them with the business, the Senate will proceed to PAUL RYAN BUDGET PLAN light of Your truth until one day they consideration of H.R. 4, 1099 repeal, Mr. MCCONNELL. Madam President, will experience the joy of hearing You with 1 hour of debate. Senators should today the chairman of the House Budg- say, ‘‘Well done.’’ We pray in Your great Name. Amen. expect two rollcall votes around noon et Committee, Congressman PAUL on the Menendez amendment and pas- RYAN, is releasing a serious and de- f sage of H.R. 4, as amended, if amended. tailed plan for getting our Nation’s fis- PLEDGE OF ALLEGIANCE We will recess following the votes until cal house in order. Congressman The Honorable JEANNE SHAHEEN led 2:15 p.m. for the weekly caucus meet- RYAN’s plan would put us on a path to the Pledge of Allegiance, as follows: ings. We are working to reach an agree- reducing the national debt, it would I pledge allegiance to the Flag of the ment on the small business bill and strengthen the social safety net so we United States of America, and to the Repub- will notify Senators when additional can keep the promises made to the Na- lic for which it stands, one nation under God, votes are scheduled. tion’s seniors, it proposes a way for indivisible, with liberty and justice for all. I am standing in for Majority Leader Washington to start living within its f REID, who has been called to the White means, and it will repeal last year’s APPOINTMENT OF ACTING House for the meeting with the Presi- health care law which will raise health PRESIDENT PRO TEMPORE dent and the leadership, the Speaker care costs, lead to fewer jobs, and and the leadership of the House of Rep- which Americans have rejected. Con- The PRESIDING OFFICER. The resentatives. The object of this is obvi- gressman RYAN is presenting a plan, in clerk will please read a communication ously to avert a government shutdown. other words, to address our most press- to the Senate from the President pro I listened carefully to the prayer ing problems head-on at a moment tempore (Mr. INOUYE). from the Chaplain this morning. I don’t when the President and other Demo- The assistant legislative clerk read know if we will need divine inspiration cratic leaders simply refuse to do so the following letter: or divine interjection into this matter, themselves. He is doing what his con- U.S. SENATE, but whatever it will take, I hope people stituents have sent him here to do. PRESIDENT PRO TEMPORE, of good will can come to an agreement. Anybody can say our Nation’s prob- Washington, DC, April 5, 2011. To the Senate: We are close. I don’t think it is good lems need to be addressed, but history Under the provisions of rule I, paragraph 3, for us as a government or as a Nation will show that Chairman RYAN is one of the Standing Rules of the Senate, I hereby to see a shutdown of basic services that of those who actually stepped up to do

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

S2095

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VerDate Mar 15 2010 00:46 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A05AP6.000 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE S2096 CONGRESSIONAL RECORD — SENATE April 5, 2011 it. He should be applauded for that by It is my hope that our friends on the The Senator from Louisiana. people of good will on both sides. Un- other side recognize this effort for (The remarks of Mr. VITTER per- fortunately, we already know how what it is—a serious, good-will effort taining to the introduction of S. 723 are many Democrats intend to respond to to do something good and necessary for located in today’s RECORD under this plan. We have heard their spin al- the future of our Nation—and that for ‘‘Statements on Introduced Bills and ready. In the absence of any solutions the good of the Nation, they will join Joint Resolutions.’’) of their own to a looming entitlement this effort at some point before it is The ACTING PRESIDENT pro tem- fiasco and the testimony of countless too late. pore. The Senator from Oklahoma. experts on the fiscal perils we face, f f Democrats intend to use Congressman COTE D’IVOIRE RYAN’s plan against anyone who sup- 1099 PROVISION ports it—despite the facts. They will Mr. INHOFE. Madam President, we Mr. MCCONNELL. Madam President, hear a lot about the disaster and things try to scare the public by claiming it as I have traveled across Kentucky says things that it does not. They will that are taking place and the loss of over the past year, I have heard from lives in Libya as well as many other squander the golden opportunity we countless small business owners who have right now to tackle the biggest places, particularly in the last few told me how burdensome the so-called months. But going seemingly unno- problems we face in a bipartisan way, 1099 provision in the Democrats’ health the way our predecessors did when the ticed is probably just as great a dis- care bill would be to implement and aster that is happening in Cote two parties shared power in Wash- how it could hamper their ability to D’Ivoire right now as we speak. ington, all in the name of having an create good private sector jobs. I hope I came to the floor yesterday, and I edge in the next election. Frankly, it is they are tuning in to the Senate floor talked about the fact that elections shameful. today so they can watch the vote on its took place in Cote D’Ivoire last Novem- Americans elect their President and repeal. ber. The President, the incumbent Senators and Congressmen to lead. This has been a hard-fought effort, President, Laurent Gbagbo, was chal- They don’t expect us to agree on every- and all of the credit should go to the lenged by Alassane Ouattara. They thing, but they expect us to work to- junior Senator from Nebraska, my claim Ouattara won the election. gether when a problem becomes so good friend Senator MIKE JOHANNS. He Ouattara comes from the north, the pressing that cooperation across party has led this fight on behalf of the Muslim area up there. lines is required. Now is such a mo- countless entrepreneurs and small We found so much voter fraud that ment. The debt is at crisis levels, pos- business owners across the country we identified, and we specifically ing a threat not just to businesses and who raised the alarm on this issue. talked about on the Senate floor, that families planning for the future but to This is a big win for small business. I have asked Secretary Clinton, by let- our national security. Importantly, it is also the first of what ter twice, to intervene and demand a Since the President has taken office, I hope are many successful repeal votes new election. nearly 3 million Americans have lost related to the disastrous health spend- When I say ‘‘voter fraud,’’ I entered their jobs. As a result of the ongoing ing bill the Democrats passed last year. this in the RECORD yesterday, so I will housing crisis, millions of homeowners The more Americans learn about this not do it again today. But this shows are currently underwater on their bill, the less they like it. We hope we how they miscalculated all those votes mortgages. The only industry that can respond to their concerns with in the north. In just one precinct, seems to be growing is government, many repeal votes like the one we are 100,000 votes—well, actually 94,873. Ob- and the only city that seems to be iso- going to have this morning right here viously, if we have 100,000 or so votes in lated from problems most Americans in Congress. Then we will replace it that one precinct, it can happen that face right now is Washington—all at with the kind of commonsense reforms way. taxpayers’ expense. that will actually lower costs and en- But use logic. If all else fails, stop The budget debate in which we have courage job creation. and think about this. How could it be been engaged in the past several weeks Once again, I thank Senator JOHANNS possible that in the northern part of is the direct result of the fact that for his leadership and hard work on re- Cote D’Ivoire, when they had the elec- Democrats in Congress failed to pass pealing this onerous provision. This is tion, what we would call the primary one of their own for the current fiscal a classic example of a Senator who lis- election, President Gbagbo got thou- year. Republicans had to step in and do tened to his constituents, developed a sands, thousands of votes in each one it for them. Now, 6 months into the solution, won the support of his col- of the precincts. Yet when the runoff current fiscal year, the President and leagues, and doggedly pursued a course came, he got zero. That is a statistical current Members of Congress still have of action that led to today’s vote. impossibility. I think for those of us— yet to produce a plan of their own. America’s small businesses can thank certainly, the United States thought House Republicans have produced mul- Senator JOHANNS for pushing this ini- the U.N. and perhaps France was accu- tiple plans, including one they will tiative across the finish line. I call on rate in their initial response to this offer today which funds our troops the President to sign it into law. thing that we were going to have to get through the end of the year, keeps the I yield the floor. something done. government running, and gets us one Let me go ahead and finish what hap- step closer to the level of spending cuts f pened. I mentioned yesterday in the that even the senior Senator from New RESERVATION OF LEADER TIME town of Duekoue, Ouattara’s forces, York has described as reasonable. Un- along with the French, went in there, fortunately, Democrats would rather The ACTING PRESIDENT pro tem- murdered about—we think something take potshots at these proposals from pore. Under the previous order, the over 1,000 people. We get the reports the side lines, hoping they become un- leadership time is reserved. from the Red Cross and from other popular with the public so they can f sources. benefit politically. They have com- But Ouattara has tried to deny his pletely and totally abdicated their re- MORNING BUSINESS involvement in this slaughter. His sponsibility. The ACTING PRESIDENT pro tem- forces took the town earlier, and this I would like to applaud Congressman pore. Under the previous order, the was the week after the Gbagbo forces RYAN not only for the energy and cre- Senate will be in a period of morning had gone. I think we can just look at ativity and seriousness which he has business until 11 a.m., with Senators Guillaume Ngefa, who is the deputy brought to these issues but also for his permitted to speak therein for up to 10 head of the U.N. mission in Cote courage in doing so at a time when minutes each, with the time equally di- D’Ivoire. Democrats in Washington would rather vided and controlled between the two He said Ouattara’s forces had carried sit on their hands. By stepping forward, leaders or their designees, with the Re- out the killings in Duekoue. ‘‘We have he has forced a much needed debate publicans controlling the first half and evidence. We have pictures. This was about the many crises of the moment. the majority controlling the final half. retaliation.’’

VerDate Mar 15 2010 02:43 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.001 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE April 5, 2011 CONGRESSIONAL RECORD — SENATE S2097 So we have all this evidence I men- Abidjan, the capital of Cote D’Ivoire. to go over and work with these guys. tioned yesterday which was part of it. We have evidence. I hope people will These countries in Africa are our I read yesterday from the Guardian, take advantage of this, particularly friends. They participate in programs the British Guardian. The U.N. mission those people—I know there are a lot of such as the IMET program that allows said traditional hunters, known as people out there who are opposed to us to train their officers in the United Dozos, fought alongside Ouattara’s any intervention we have. They do not States, such as the Train and Equip forces and took part in killing 330 peo- truly care about Sub-Saharan Africa. Program that allows us to work with ple in the western town of Duekoue, No one cares about Sub-Saharan Afri- them and train these individuals. When which we now know is over 1,000 peo- ca. we see an atrocity such as this take ple. The International Committee of I have stood on this floor time and place, when we visualize the young the Red Cross said at least 800 people. time again, back when we were sending kids out there being brutally mur- It goes on and on, which I made a part troops into Bosnia, and the excuse was dered, we should do something about of the RECORD yesterday. ethnic cleansing. I said: For every 1 it. In addition to that, we have a state- day in any town in any country in Sub- I praise someone who philosophically ment that was made on the BBC yes- Saharan Africa, there are more people I have not agreed with most of the terday. Keep in mind, they have, in ethnically cleansed than in any day in time, Senator JOHN KERRY, Chairman Duekoue—they murdered all those peo- Bosnia. of the Foreign Relations Committee. I ple. They have mass graves. People are But nobody seemed to care. So we am on his committee as well as Armed charred and burned. I am going to have hundreds of kids around there, Services. He is sympathetic to what is quote right now, so hold your stomach. and last night they were mowed down. going on and has agreed to having a I spot four pigs eating something dark in a If anyone questions this, you can ac- hearing. There is a man named charred courtyard. Standing by a newly dug cess on my Internet, inhofe.senate.gov, Meltheodore. He was the mayor, when I mass grave, a U.N. soldier from Morocco is and get the YouTube that shows first met him, mayor of Abidjan in choking with rage and grief. I ask him if the graphically what they are doing. I do Cote d’Ivoire. He is currently a member dead are children. He nods and begins to sob not know how many hundreds, how of Parliament in Cote d’Ivoire. He is quietly into his face mask. many thousands of people were bru- the head of an opposing political party So we know of this disaster that has tally murdered last night by the to President Gbagbo. He was a can- taken place there, and we do nothing. French, supporting Ouattara. It is didate against President Gbagbo when We know about it. I just will say: something we need to get involved in. he ran successfully for President. Here America, wake up. The massacre could When I look at President Obiang, is a guy who would have every reason have been avoided if Ouattara had ac- who is from Equatorial Guinea, he is to be opposed to President Gbagbo. Yet cepted the mediation effort from the the chairman of the African Union. He he is willing to testify before Senator African Union. President Gbagbo did says he condemned the foreign inter- KERRY’s committee that not only did accept, Ouattara did not. He rejected vention in the Ivory Coast. We stand they rig the election, but he showed it, and I think we know why he re- by idly, and we don’t do anything the documentation on rigging the elec- jected it—because he wants that power. about it. tion, and we should be in a position He wants that job. I renew my request to Secretary where we could strongly recommend Anyway, where we are now—and I am Clinton and to the State Department another election. going to try to get this all in—the and to others who care about the loss I have nothing against Alassane United States should call for a of innocent life in sub-Saharan Africa, Ouattara except I do know that he has ceasefire and for a new election. I have specifically in Abidjan and Cote been an enemy of the Gbagbos since also been told, within the last day, d’Ivoire, to come forward and help us long before 2002, when he was opposed that the U.N. helicopters, U.S. peace- find justice. I hope President Gbabgo to him. This is, I guess, the final kill. keeping helicopters are firing upon and his wife Simone are not dead But at what expense is this coming? It Gbagbo’s military camp. today. They might be dying as we is coming at a high expense in terms of Lastly, I have sent a letter to the speak. They are raiding their resi- a number we can’t quantify today. If Foreign Relations Committee Chair- dence, raiding the palace. It is a brutal colleagues don’t believe it, look it up. man JOHN KERRY. Let me applaud JOHN mess. I don’t think I have ever seen in They can get the YouTube site. They KERRY. He has agreed to hold a hearing the years I have been here, particularly can watch what happened last night. to look at this. I cannot tell you how coming from France, supported by They can get that off of my Web site, much I appreciate it because it takes Sarkozy, the raid on innocent lives in inhofe.senate.gov. courage to stand up against the United sub-Saharan Africa. I see my friend Senator MANCHIN Nations and France and our State De- If no one else comes in, I will talk from West Virginia. Before yielding the partment and admit that we have to longer. I ask unanimous consent to floor, I wish to applaud him for his look into this. So that is exactly what speak until someone comes in to speak. being courageous and standing up for we are going to do. The ACTING PRESIDENT pro tem- doing something about the EPA taking But that was yesterday on the floor. pore. Without objection, it is so or- over the regulation of greenhouse gases What has happened? What happened dered. that would put coal and oil and gas out last night? Last night, the job was fin- Mr. INHOFE. Madam President, I of our reach. I applaud Senator ished. They went in, and they mas- guess you might wonder why I am con- MANCHIN. sacred I do not know how many people. cerned. I have had an interest in sub- I yield the floor. President Gbagbo had young children Saharan Africa for quite some time. The ACTING PRESIDENT pro tem- who were surrounding his palace and After 9/11, finally the United States de- pore. The Senator from West Virginia. his residence. They are willing to sac- cided they would do something of con- Mr. MANCHIN. I thank my good rifice their lives to save their country cern in sub-Saharan Africa. So what we friend for his hard work. We are work- from the French influence they are get- have had since that time is an interest ing in a bipartisan manner. ting with Ouattara. in helping them to build African bri- f They were armed with baseball bats gades, as the terrorists come down and 2 by 4s. I do not know, there are through the Horn of Africa and WEST VIRGINIA COAL MINERS hundreds of them out there. Last night, Djibouti and into the continent. We Mr. MANCHIN. Madam President, I Sarkozy had gone to Secretary General need to help the Africans build bri- rise to mark the tragic occasion of the Moon and said: Use my forces to end gades so they can resist, not doing it worst U.S. mining disaster in 40 years. this, and they did. We know what hap- for them, not doing it in place of the A year ago today, 29 brave and patri- pened last night. Africans, but to help them so they can otic men went underground to mine Maybe you do not know what hap- defend themselves. That is exactly the coal that powers our great Nation. pened last night. They went in with what we have been doing. They didn’t come back. Our entire Na- helicopters and with rockets, and they I have been honored to be the point tion grieved with their families for destroyed most of a major city, man on the Armed Services Committee their tremendous loss. I rise to honor

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When some people in 2006, came down personally and of- their families to take more ownership see a coal miner walk out from under- fered his moral support from his first- and control over their own safety with- ground, they see some someone who is hand experiences. out fear of retribution, with a 24-hour tired, wearing dust-covered overalls, In those days the unbreakable bonds anonymous hotline to report unsafe steel boots, carrying a hard hat and a of family became clear. One family conditions. Since May of last year we dinner bucket, and they make a few alone lost three good men. I first told have had 86 calls. We responded. flawed assumptions about the amount Charles and Linda Davis, the parents of At the end of the day, though, the of education they may or may not have Timmy and the grandparents of Cory families, the people of West Virginia or that they had nowhere else to turn, and Josh. I told Tommy—and Tommy and all Americans need to know how that was the only job available. I wish was another brother who had worked in this tragedy happened and what we everyone to know that those assump- the mine and just came off the shift. must do to prevent anything this ter- tions are dead wrong. Tommy was the father of Cory. I also rible from ever happening again. We West Virginia coal miners are the told Patty—large families—and Patty are still waiting for the results of the backbone of this country, providing the is the daughter of Linda and Charles, Federal and State investigations as power for the lights in this Chamber, and she was Josh’s mother. So in the well as an independent report from my the steel and the machinery that built mine we had Timmy, the uncle, and we special appointed investigator J. our country, the greatest industrial had Josh and Cory. All three men had Davitt McAteer, a West Virginia native power in the world, the military that been found, but they perished. The first and assistant secretary for the Mine keeps us safe and free, and the energy question I got from Tommy after I told Safety and Health Administration for homes and businesses all over the his parents was: Were they all to- under President Bill Clinton. We will country. West Virginia miners under- gether? look at the results of their investiga- stand geology, mathematics and phys- I said: Yes, they were. tion to determine what happened, ics, the way a seam runs through the Tommy replied: I knew my brother make certain it doesn’t happen again, Earth and how to safely extract its Timmy would be taking care of the and determine whether anyone, bounty to make our country stronger. boys. through intimidation or otherwise, put Above all, West Virginia miners are the That was not my State’s first mining profits ahead of safety and that the salt of the Earth—patriotic, God-fear- disaster or mine. When I was a young people responsible are held account- ing, family loving and family oriented, man, my only family went through the able. and proud of their hard work. In our tragedy of the Farmington No. 9 explo- In the meantime I am cosponsoring a State we have always done the heavy sion in 1968. Seventy-eight miners were piece of legislation with Senator JAY lifting. We are very proud of what we killed that day. It left a searing im- ROCKEFELLER, the Robert C. Byrd Mine have contributed to this country time pression on me. Of course, we didn’t and Workplace Safety and Health Act and again—in times of war, times of know right away how bad it would get. of 2011. It is designed to improve com- peace, in times of prosperity, and in Everyone camped out at the company pliance with existing mine and occupa- times of need. At a time when our Na- store. We were all waiting for any word tional safety and health laws, empow- tion’s attention and misplaced pity before the authorities finally came and ering workers to raise safety concerns, will again focus on coal miners because told us all that the decision had been prevent future mine and other work- of the first anniversary of the worst made to seal the mine which essen- place tragedies, and establish the mining disaster in the last 40 years, we tially meant entombing all of them. In rights of the families of victims of West Virginians want the world to that disaster I lost my uncle, my next- workplace accidents. Last week I spoke know we are proud of our coal mining door neighbor, some of my high school again to Tommy Davis, the man who heritage and our future. classmates. One of my strongest les- lost his brother, his nephew, and his As West Virginia’s former Governor, sons that has stayed with me to this son at the Upper Big Branch mine. now U.S. Senator, I want to tell Ameri- day is that waiting families should be When I asked him what he was doing cans not only about our sacrifice but systematically updated on the progress these days, Tommy gave me a simple also our dedication to our shared fu- of the rescue operation. I know first- answer: JOE, I am back in the mines. ture. The miners of West Virginia and hand that a minute seems like an hour, Tommy is proud to be a miner. And their families are the heart and soul of an hour seems like a day, and a day while he and all of us have much to mourn today, we also have the chance West Virginia and an inspiration for seems like eternity. With consistent to honor the memories of the 29 dedi- me and my family. We should all draw updates, waiting becomes a little more cated men who died a year ago and strength from the courage they have bearable. shown us. During my term as Governor, in the their colleagues who continue their Allow me to turn to the terrible day three tragedies we went through—Sago work with respect and dignity. Finally, Gayle and I and all West Vir- a year ago. In remembering the Upper and Aracoma in 2006, and last year at ginians pray for continued strength Big Branch disaster, my thoughts turn Upper Big Branch—we briefed the fami- and courage for the families who lost first to the families of the 29 miners lies every 2 hours. It was a cycle. We loved ones on this sad day a year ago. who went to work that day on April 5, received a briefing from our authori- May God bless each one of them. May 2010, and didn’t come home. In the days ties, then we briefed the families, then God bless the great State of West Vir- following the violent explosion, which we told the media. It was a cycle we ginia, and may God continue to bless remains under investigation today, I continued until the fate of all miners the United States of America. spent all day and every day for 5 days was known. I yield the floor and suggest the ab- waiting to find out with the families if We have learned a lot in West Vir- sence of a quorum. their loved ones were alive or dead. ginia. After disasters at Sago and The ACTING PRESIDENT pro tem- Those families and I stayed together at Aracoma, we enacted more safety pore. The clerk will call the roll. midnight and dawn, through moments measures in my term as Governor than The bill clerk proceeded to call the of hope and despair, on pins and nee- in the 30 years before. We have become roll. dles in the early days and in shared a leader in safety, and what we are im- Mr. MENENDEZ. Madam President, I grief when the full scope of the devas- plementing is being used across all ask unanimous consent that the order tation hit us as the rescuers didn’t find types of mining, all over the country for the quorum call be rescinded. any more survivors. We prayed to- and around the world. The bottom line The ACTING PRESIDENT pro tem- gether before and after each briefing. is that in our State, we won’t tolerate pore. Without objection, it is so or- We recited the Pledge of Allegiance. intimidation from any person or com- dered.

VerDate Mar 15 2010 00:46 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.004 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE April 5, 2011 CONGRESSIONAL RECORD — SENATE S2099 CONCLUSION OF MORNING ly divided and controlled between the it hurts small businesses after the re- BUSINESS two leaders or their designees. peal has taken place. The ACTING PRESIDENT pro tem- The Senator from New Jersey. My colleagues on the other side of Mr. MENENDEZ. Thank you, Madam pore. Morning business is closed. the aisle are trying to frame this de- President. I understand Senator BAU- bate as either for or against small busi- f CUS is on his way from a meeting, and ness, but they are, in my mind, both COMPREHENSIVE 1099 TAXPAYER in the interim I will start off and rec- helping and harming them at the same PROTECTION AND REPAYMENT ognize myself. time under H.R. 4. With this amend- OF EXCHANGE SUBSIDY OVER- I offer this amendment on behalf of ment, we can have not only the ability PAYMENTS ACT OF 2011 middle-class families and on behalf of to help small businesses and repeal the small businesses. I support repealing The ACTING PRESIDENT pro tem- 1099 provision, but we can also ensure the 1099 reporting requirement and pore. Under the previous order, the that small businesses and their em- have, in fact, voted no less than six Senate will proceed to the consider- ployees will not get hurt at the end of times on this floor to repeal 1099 in this ation of H.R. 4, which the clerk will re- the day. body. However, I strongly believe we port. For those who may consider opposing must do so in a manner that does not The assistant legislative clerk read my amendment, think of this: On the increase the burden on our small busi- as follows: one hand, if you do not believe this off- nesses and their employees, and that is set will hurt small businesses and their A bill (H.R. 4) to repeal the expansion of exactly what I fear H.R. 4 does. employees, there is no harm in voting information reporting requirements for pay- The broad bipartisan support for 1099 ments of $600 or more to corporations, and for it because you are saying the study for other purposes. repeal comes from the fact that it pro- will not show an impact and the offset vides relief to small businesses, but the The ACTING PRESIDENT pro tem- will remain in place. only problem with this version of the However, if you believe my amend- pore. The Senator from New Jersey. repeal is that while it provides relief on ment would have a revenue score, you AMENDMENT NO. 284 the one hand, it may very well take it are assuming that the offset hurts Mr. MENENDEZ. Madam President, I away with the other. It repeals the 1099 small businesses and their employees. rise to call up amendment No. 284, co- reporting requirements but, at the Either option would argue for sup- sponsored by Senators KERRY and same time, I am concerned it increases porting my amendment. Either it has ROCKEFELLER, which is at the desk and the health care burden on the very no impact, in which case there should ask for its immediate consideration. same people to whom we are seeking to be no problem supporting it, or it pro- The ACTING PRESIDENT pro tem- provide relief. vides protections for small businesses pore. The clerk will report. Some have argued we have already and their workers, in which case you The assistant legislative clerk read used this very same offset before. We should want to support it. as follows: have. Therefore, there is no reason to I realize what I am concerned about The Senator from New Jersey [Mr. MENEN- be concerned now. is the harmful effect of this offset pro- DEZ], for himself, Mr. KERRY, and Mr. ROCKE- The difference is, however, H.R. 4 is vision won’t hit small businesses until FELLER, proposes an amendment numbered very different than what we did 4 2015, and I know the voices for 1099 re- 284. months ago, and it risks driving up peal are much louder than those Mr. MENENDEZ. I ask unanimous health insurance costs and cutting against the payback tax. But I also consent that the reading of the amend- health insurance coverage for small know this is an issue that we will hear ment be dispensed with. businesses and middle-class families. It about when our constituents get those The ACTING PRESIDENT pro tem- increases tax penalties—tax penalties. tax bills at that time, when this provi- pore. Without objection, it is so or- As we approach April 15, I know we are sion goes into effect and taxpayers get dered. all very tax sensitive. It increases tax that first big $10,000, or more, surprise The amendment is as follows: penalties on middle-class families, on their tax bill. (Purpose: To protect small businesses from leaving some with a potential tax bur- Do you want to be on the record as health insurance premium increases or den of $10,000 or more. having given them the tax bill or do losses of health insurance coverage) How would most middle-class fami- you want to be on the record as trying On page 4, after line 3, insert the following: lies deal with a tax bill of $10,000 or to have saved them from it and saved (c) STUDY OF THE EFFECTS ON SMALL BUSI- more just because their income may rising costs for small businesses in NESSES OF INCREASES IN THE AMOUNTS OF have increased $1 above the eligibility their health insurance? I think you HEALTH CARE CREDIT OVERPAYMENTS RE- limit during the year for which they QUIRED TO BE RECAPTURED.— want to be on the side of this amend- got a subsidy? (1) IN GENERAL.—The Secretary of Health ment and having saved them from it. and Human Services shall conduct a study to Some have also argued my amend- In closing, I ask, why in the world— determine if the amendments made by this ment will block implementation of the especially during these fragile eco- section— 1099 repeal. That is just factually in- nomic times—would we want to do (A) will result in an increase in health in- correct. It is an outright misstatement anything that could raise the costs on surance premiums within the Exchanges cre- of the facts. My amendment simply di- small businesses? That is why my ated by the Patient Protection and Afford- rects the Secretary of Health and amendment is supported by entities able Care Act for employees or owners of Human Services after—emphasize small businesses; or such as the Main Street Alliance, a (B) will result in an increase in the number ‘‘after’’—the 1099 repeal passes into law probusiness organization; Families of individuals who do not have health insur- to study the offset in H.R. 4 and deter- USA; the American Cancer Society; ance coverage, a disproportionate share of mine its effect on small businesses. If Cancer Action Network; Health Care which are employees and owners of small the study finds the offset increases for America Now, to mention a few. businesses. health care costs or decreases coverage With my amendment, we can protect (2) EFFECT OF INCREASES.—If the Secretary for small businesses, then current law those who earn a living making our Na- determines under paragraph (1) that there on the repayment remains in effect. If tion’s small businesses run and repeal will be an increase described in subparagraph the study says, no, it didn’t do any of 1099 without delay. To me, that is the (A) or (B), or both, then, notwithstanding subsection (b), the amendments made by this those things, then there is no harm. ultimate show of support for small section shall not apply to taxable years end- Let me be clear. We all want 1099 re- business. ing after the date of such determination and peal. My amendment does not in any Madam President, I urge support of the Internal Revenue Code of 1986 shall be way affect the repeal of 1099. My col- my amendment. I reserve the remain- applied and administered to such taxable leagues can vote for this amendment der of my time. years as if such amendments had never been and for H.R. 4 because this would re- The ACTING PRESIDENT pro tem- enacted. peal 1099. The only potential change pore. The Senator from Utah is recog- The ACTING PRESIDENT pro tem- my amendment makes would be to the nized. pore. Under the previous order, there risky offset in the underlying amend- Mr. HATCH. Madam President, I am will now be 60 minutes of debate equal- ment, and only if the study finds that going to defer my remarks until after

VerDate Mar 15 2010 00:46 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.006 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE S2100 CONGRESSIONAL RECORD — SENATE April 5, 2011 the Senator from Nebraska speaks. I have been begging us to do something stead be spent on those new workers, want to defer to this wonderful Senator about this provision for a long time and that is why it is so important that because he has done more than any now, and it will be a victory for com- the Senate pass the House bill today. other person in trying to repeal this mon sense. Put simply, a vote for the House bill awful tax provision, this 1099 tax in- That is why today is such an impor- is a vote to actually solve the problem. crease provision, and he deserves the tant day in the Senate. In a few short Again, in all due respect to my col- credit. I want him to lead off in our de- minutes, we will have an opportunity league from New Jersey, the amend- bate. Then I will probably speak after to put to an end the looming 1099 pa- ment tells our small businesses that that. I yield for the Senator from Ne- perwork mandate once and for all. they will have to wait longer. Our path braska. Small businesses in my State and all actually gives our job creators some The ACTING PRESIDENT pro tem- across the country are depending upon certainty they need to grow their busi- pore. The Senator from Nebraska is us today to act. nesses. But the other path, as I said, is recognized. One real-life example came from a a guaranteed sidetrack back into Mr. JOHANNS. Madam President, I Nebraska company called Hayneedle. It never-never land. wish to start today by thanking the is an online retailer of home fur- While one approach tells small busi- distinguished Senator from Utah for nishings and other home products. nesses we are with them, the other says his courtesy. I appreciate it im- With the new 1099 requirement, we are going to continue to work mensely. It has been a bit of a long and Hayneedle estimates that the annual through this and wrangle back and tortured process to get here today. I cost of compliance is literally going to forth, instead of enacting a bipartisan appreciate the opportunity to speak exceed $100,000 for them—$100,000. That solution today. first. would go a long way to hiring more The House of Representatives has al- All of us work across our States. In people. ready led by example. It is important communities such as Kearney and Adding insult to injury, the 1099 re- to recognize that. They passed their Scottsbluff, NE—and I walk those porting requirement creates a perverse 1099 repeal on March 3—more than a streets often, whether it is in a parade incentive to consolidate suppliers. month ago—and it got great bipartisan or calling on people—I am struck by Fewer suppliers means less 1099 paper- support—314 to 112, and 76 Democrats the number of small businesses that fill work. This leaves Main Street small voted for that repeal. Not only does this legislation pay for the storefronts. suppliers—those businesses I was talk- These businesses are the heart and ing about—out in the cold as big sup- the repeal of the 1099 mandate, it actu- ally reduces the deficit by $166 million soul of the community. They con- pliers win more and more business. Dale Black, a Kentucky Fried Chick- over the next 10 years. tribute to the Little League, they give en franchise owner from Grand Island, It requires repayment of improper high school students their first jobs, told me: health exchange subsidies—a concept and they ask ‘‘how are the kids doing’’ the Senate passed unanimously in De- when you stop in to see them. They . . . want to be a good corporate citizen in the communities I have restaurants, but the cember to pay for the doc fix legisla- symbolize what it truly means to be a 1099 forces me not to hire local venders and tion. community. They also symbolize the tradesmen in my community, instead giving If we fail to pass the House version single most powerful job creating force work to a single regional contractor. today, well, the job creators are being in our Nation. With 40 million businesses, non- told that they have to divert more of Sixty-four percent of the new jobs in profits, churches, and local govern- their resources to managing unneces- our Nation are created by small busi- ments bracing for the 1099 avalanche of sary paperwork. nesses as they expand and grow. So paperwork, every Senator could come Let’s not vote for another alternative when their livelihood is threatened by to the floor today and tell similar sto- that is going to stall this out again. an ill-advised policy, we all in the Sen- ries. Let’s cast a vote today that sends a ate agree that something must be done. With all these Main Street businesses clear message. Let’s defeat the pending Shortly after the health care bill was and their workers hanging in the bal- Menendez amendment, and then let’s passed, I, like my colleagues, began ance, there is just one clear choice for pass the bill so we can get it to the hearing from small business owners our businesses: We must advance the President and get it signed. I am hop- who were very concerned about a provi- House-passed version and, in all due re- ing this gets strong bipartisan support. sion that was put into the health care spect to my colleague from New Jer- I want to say again that the victory bill on page 737. As the number of con- sey, reject the Menendez alternative, today is not for either party or for a cerned job creators continued to the Menendez amendment. single Senator; it is for the job creators mount, I knew, and others in the Sen- You see, only the House-passed who are depending upon our action ate knew, we had to do something version will quickly reach the Presi- today. about it. dent’s desk and provide immediate re- The PRESIDING OFFICER (Mr. Passing 1099 repeal exemplifies why I lief to our job creators. Adding any- TESTER). The Senator from Montana. came to the Senate—taking an issue thing on, passing anything else will Mr. BAUCUS. Mr. President, my col- that is important to our State and our cause our job creators to wait on the league from New Jersey proposed what country and literally building support sidelines yet again, because then, of I think is a very reasonable amend- in this body to do the right thing. course, we will have different ment to the revenue provision of the I won’t deny there have been some versions—the House version and the repeal of this 1099 provision. I plan to frustrations along the way. I certainly Senate version—and I fear we will go support that. It is a good amendment. didn’t expect to have to present the off into never-never land. But you see, One of the key provisions in the Af- legislation seven times to get to the time has run out on our job creators. fordable Care Act is the tax credit that finish line. But it has been well worth When this debate began, the mandate will be available to millions of low- and the effort. I could not be more pleased seemed a long way away. It was out middle-income Americans to purchase by the bipartisan support that has there on the horizon. We had a long health insurance if their employer built this effort. time to work through these issues. But doesn’t make coverage available. That Today presents an opportunity for now 8 months has passed. We voted is a credit. It goes to middle- and low- Members of both parties to unite be- over and over again, and we never income Americans. The provision that hind doing the right thing for our job could quite get to the finish line. will pay for 1099 repeal will increase creators. It is decision time for businesses. the amount that many Americans will If we pass H.R. 4 and send it on to the They are feeling the pressure to set up have to pay at the end of the year if President’s desk today, it won’t be a the accounting systems they will need they receive a credit to purchase their victory for Republicans or Democrats. to comply with this tangled mess of health insurance and their income ends I certainly won’t report it that way. It tax forms that even the IRS doesn’t up being higher than the income on is not going to be a victory for a single support. which their credit was based. Senator. It will be a victory for mil- This mandate forces many to set I share Senator MENENDEZ’s concern lions of small business owners who aside money for software that could in- that this will cause an undue burden.

VerDate Mar 15 2010 00:46 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.008 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE April 5, 2011 CONGRESSIONAL RECORD — SENATE S2101 This could increase premiums that peo- time, when we are still facing unem- There being no objection, the mate- ple pay under health insurance, or re- ployment at 8.8 percent, and small rial was ordered to be printed in the duce the benefits of their health insur- businesses create 70 percent of new jobs RECORD, as follows: ance coverage, especially in the small in this country. CHAMBER OF COMMERCE business community, and he believes The National Federation of Inde- OF THE UNITED STATES OF AMERICA, his amendment would reverse the pro- pendent Business, whose membership is Washington, DC, April 4, 2011. vision—and it does in fact do that—if made up of small businesses, hit the TO THE MEMBERS OF THE UNITED STATES the HHS Secretary determines it will nail on the head in its April 4, 2011, let- SENATE: The U.S. Chamber of Commerce, the world’s largest business federation rep- increase premiums or if it will reduce ter about this provision. This is what resenting the interests of more than three coverage, that is on health insurance they had to say: million businesses and organizations of every coverage for small businesses. We are writing to urge you to support H.R. size, sector, and region, strongly supports The 1099 repeal is all about small 4, the Comprehensive 1099 Taxpayer Protec- H.R. 4, the ‘‘Comprehensive 1099 Taxpayer businesses. That is primarily why we tion repayment of Exchange Subsidy Over- Protection and Repayment of Exchange Sub- are going to repeal 1099. We don’t want payments Act of 2011, and to oppose the sidy Overpayments Act of 2011’’ and strongly to turn around and hurt small busi- Menendez amendment. Passing H.R. 4 with- opposes an amendment by Sen. Menendez, nesses in the same bill. There is a real out any amendments is the best way to fi- which could leave intact the 1099 require- possibility that that would happen nally repeal the expanded Form 1099 require- ment. ments included in the Patient Protection The 1099 reporting mandate, if not re- with a straight repeal, without the and Affordable Care Act. Tax paperwork and pealed, will force more than 40 million enti- Menendez perfecting amendment. compliance are already major expenses for ties, including governments, nonprofits, and I urge my colleagues to join me in small businesses, and the new reporting re- small and large businesses, to comply with supporting the Menendez amendment. quirements included in PPACA will substan- onerous data collection and IRS information In effect, that amendment would repeal tially increase these costs. filing burdens on virtually all noncredit card 1099, which virtually every Member of The new paperwork mandate will re- purchases totaling $600 or more with any vendor in a tax year. At a time when they the body wants to do, but also will quire businesses to track and report to make sure the consequences do not can least afford it, entities will have to insti- the IRS most business-to-business tute new complex record-keeping, data col- hurt small businesses, which will oth- transactions above $600 in a calendar lection and reporting requirements to track erwise find their premiums increased year. For many businesses this could every purchase by vendor and payment or their coverage diminished. amount to hundreds of new reportable method. This provision will dramatically in- Senator MENENDEZ very wisely an- transactions, which involves sending a crease accounting costs and could expose ticipates that potential problem with 1099 to both the IRS and the reportable businesses to costly and unjustified audits his amendment by essentially pro- business. by the IRS. The Chamber strongly supports H.R. 4, viding that the increase would not That is a pretty strong statement, occur as a premium—that is, the 1099 which would repeal the 1099 mandate, and and the message is clear. This provi- strongly opposes the Menendez amendment. repeal would not occur if the HHS Sec- sion will impose considerable hardship The Chamber may consider including votes retary determines that it will increase on American businesses. The result of on, or in relation to, these issues in our an- premiums or also reduce coverage for this provision will be much more pa- nual How They Voted scorecard. small businesses. I urge my colleagues perwork and much less job creation. I Sincerely, to support the Menendez amendment. spoke this morning to the Tax Execu- R. BRUCE JOSTEN, The PRESIDING OFFICER. The Sen- Executive Vice President, tives Institute, which is one of the Government Affairs. ator from Utah. most prestigious institutes in our Mr. HATCH. Mr. President, today we country, especially on taxes. What I will vote on the Menendez amendment APRIL 4, 2011. announced to them was that I think we DEAR SENATOR: On behalf of the under- and then on Senator JOHANNS’ amend- are going to get rid of this provision, signed organizations, we are writing to urge ment to repeal the 1099 tax increase and I almost got a standing ovation. you to support H.R. 4, the ‘‘Comprehensive provisions of the health spending law They went wild down there this morn- 1099 Taxpayer Protection and Repayment of and the small business law. As you ing. Exchange Subsidy Overpayments Act of know, the health spending law was en- 2011,’’ and to oppose the Menendez Amend- This provision will impose consider- acted a little over a year ago, and we ment. Passing H.R. 4, without any amend- able hardship on American businesses, are already here trying to undo some of ments, is the best way to finally repeal the especially small businesses. The result the damage that this massive law has expanded Form 1099 requirements included in of this provision will be much more pa- the Patient Protection and Affordable Care imposed on small businesses. We have perwork but a lot less job creation. Act (PPACA). heard from small business owner after In addition, Monday, April 4, 2011, the Tax paperwork and compliance are already small business owner who was shocked U.S. Chamber of Commerce weighed in major expenses for small businesses and the and frustrated to learn the 1099 provi- new reporting requirements included in on this provision with a similar diag- sion in the health spending law would PPACA will substantially increase these nosis. This is how the chamber put it: require small businesses to send out a costs. The new paperwork mandate will re- much larger number of IRS Form 1099s. The 1099 reporting mandate, if not re- quire businesses to track and report to the This provision was a counter- pealed, will force more than 40 million enti- IRS most business-to-business transactions ties, including governments, nonprofits, and above $600 in a calendar year. For many busi- productive assault on businesses, and it small and large businesses, to comply with nesses, this could amount to hundreds of new was unleashed for one reason: to pro- onerous data collection and IRS information reportable transactions, which involves send- vide the dollars to pay for ObamaCare’s filing burdens on virtually all non-credit ing a 1099 to both the IRS and the reportable $2.6 trillion in new spending; in other card purchases totaling $600 or more with business. words, to try and back up that spend- any vendor in a tax year. At a time when According to an SBA study, the cost of ing. they can least afford it, entities will have to complying with the tax code is 66 percent Just to be clear, this is what this pro- institute new, complex recordkeeping, data higher for small business as compared to a vision requires: Starting on January 1, collection, and reporting requirements to large business. Small businesses lack the compliance capabilities to track and report 2012, if a business pays at least $600 in track every purchase by vendor and payment method. This provision will dramatically in- each new transaction, and in order to comply total in 1 year to a single payee, that crease accounting costs and could expose with this new requirement they will have to business must send an IRS Form 1099 businesses to costly and unjustified audits pull capital out of the business that could be to the IRS as well as to that payee. by the IRS. The Chamber strongly supports better used to reinvest in the business and Since businesses frequently pay at H.R. 4, which would repeal the 1099 mandate, create jobs. least $600 in 1 year to all kinds of dif- and strongly opposes the Menendez amend- Passage of H.R. 4, without amendments, is ferent payees, this means the health ment. the best way to remove the costly impact spending law has created an enormous Mr. President, I ask unanimous con- the 1099 requirement would have on millions of businesses. paperwork burden on our businesses, sent to have printed in the RECORD the Sincerely, including many small businesses. This letters from both the NFIB, the rep- Aeronautical Repair Station Association; is exactly the kind of burden small resentative of small businesses in this Agricultural Retailers Association; Air businesses do not need to face at this country, and the Chamber of Congress. Conditioning Contractors of America;

VerDate Mar 15 2010 00:46 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.009 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE S2102 CONGRESSIONAL RECORD — SENATE April 5, 2011 Alabama Nursery & Landscape Asso- tion; Motor & Equipment Manufactur- Tools & Fasteners Distributors Asso- ciation; Alliance for Affordable Serv- ers Association; NAMM, National Asso- ciation; SPI: The Plastics Industry ices; Alliance of Independent Store ciation of Music Merchants; National Trade Association; Stock Artists Alli- Owners and Professionals; American Apartment Association; National Asso- ance; TechServe Alliance; Tennessee Association for Laboratory Accredita- ciation for Printing Leadership’; Na- Nursery & Landscape Association. tion; American Bakers Association; tional Association for the Self-Em- Texas Community Newspaper Associa- American Council of Engineering Com- ployed; National Association of Home tion; Texas Nursery & Landscape Asso- panies; American Council of Inde- Builders; National Association of Man- ciation; Textile Care Allied Trades As- pendent Laboratories; American Farm ufacturers; National Association of sociation; Textile Rental Services As- Bureau Federation; American Foundry Mortgage Brokers; National Associa- sociation of America; Tire Industry As- Society; American Hotel & Lodging As- tion of Mutual Insurance Companies; sociation; Toy Industry Association, sociation; American Institute of Archi- National Association of RV Parks & Inc.; Turfgrass Producers Inter- tects; American Nursery & Landscape Campgrounds; National Association of national; U.S. Black Chamber Inc.; Association; American Petroleum In- Theatre Owners; National Association U.S. Chamber of Commerce; Utah Nurs- stitute; American Rental Association; of Wholesaler-Distributors. ery & Landscape Association; Virginia American Road & Transportation National Christmas Tree Association; Christmas Tree Growers Association; Builders Association; American Soci- National Club Association; National Virginia Green Industry Council; Vir- ety of Interior Designers; American Community Pharmacists Association; ginia Nursery & Landscape Associa- Subcontractors Association, Inc.; National Council of Chain Restaurants; tion; Washington State Nursery & American Supply Association; Amer- National Council of Farmer Coopera- Landscape Association; Western Grow- ican Veterinary Distributors Associa- tives; National Electrical Contractors ers Association; Window and Door tion. Association; National Electrical Manu- Manufacturers Association; Wisconsin American Veterinary Medical Associa- facturers Representatives Association; Community Papers; Women Construc- tion; AMT—The Association For Manu- National Federation of Independent tion Owners & Executives; Women Im- facturing Technology; Arizona Nursery Business; National Home Furnishings pacting Public Policy; Wood Machinery Association; Associated Builders and Association; National Lumber and Manufacturers of America. Contractors; Associated Equipment Building Material Dealers Association; Distributors; Associated General Con- National Multi Housing Council; Na- Mr. HATCH. Mr. President, President tractors of America; Associated Land- tional Newspaper Association; National Obama and congressional Democrats scape Contractors of Colorado; Associa- Office Products Alliance; National Res- tried to sell the American people on tion of Free Community Papers; Asso- taurant Association; National Retail their clunker of a health care law by ciation of Ship Brokers & Agents; As- Federation; National Roofing Contrac- saying it would bring down Federal sociation of Small Business Develop- tors Association; National Small Busi- health care spending. That would have ment Centers; Automotive ness Association; National Tooling and been a miracle if it were true. But even Aftermarket Industry Association; Machining Association; National Util- the Obama administration’s own actu- Automotive Recyclers Association; ity Contractors Association; Nation- Bowling Proprietors Association of wide Insurance Independent Contrac- ary at the Centers for Medicare and America; California Association of tors Association; Nebraska Nursery Medicaid Services has confirmed that Nurseries and Garden Centers; Cali- and Landscape Association; New Mex- claim was false and that Federal spend- fornia Landscape Contractors Associa- ico Family Business Alliance; New ing on health care would actually in- tion; Commercial Photographers Inter- Mexico Nursery & Landscape Associa- crease as the result of the health national; Community Papers of Flor- tion. spending law. Some estimate as much ida; Community Papers of Michigan; New York State Nursery and Landscape as $2,100 per policy. Community Papers of Ohio and West Association; North American Die Cast- The Cash for Clunkers Program was Virginia; Connecticut Nursery & Land- ing Association; North Carolina Green scape Association; Direct Selling Asso- Industry Council; North Carolina Nurs- bad enough, but Democrats managed to ciation; Door and Hardware Institute. ery and Landscape Association; North- outdo themselves spending $2.6 trillion Electronic Security Association; Elec- eastern Retail Lumber Association; in cash for this clunker of a health care tronics Representatives Association NPES The Association for Suppliers of law. This reminds me of a scene from (ERA); Florida Nursery, Growers & Printing, Publishing & Converting the movie ‘‘Vacation.’’ At the begin- Landscape Association; Free Commu- Technologies; OFA—An Association of ning of that film, Clark Griswold goes nity Papers of New York; Georgia Floriculture Professionals; Office Fur- into a dealership to buy a new car be- Green Industry Association; niture Dealers Alliance; Ohio Nursery fore setting off with his family for a Healthcare Distribution Management and Landscape Association; Oregon As- Association; Hearth, Patio & Barbecue sociation of Nurseries; Outdoor Power cross-country trip to Wally World. Yet Association; Idaho Nursery & Land- Equipment Institute; Pennsylvania instead of getting the new car he had scape Association; Illinois Green Indus- Landscape and Nursery Association; ordered as part of a trade-in, the dealer try Association; Illinois Landscape Pet Industry Distributors Association; gave him a pea green Family Contractors Association (ILCA); Inde- Petroleum Marketers Association of Truckster, as we can see in this beau- pendent Community Bankers of Amer- America; Plumbing-Heating-Cooling tiful photograph. Chevy Chase was, of ica; Independent Electrical Contrac- Contractors Association; Precision Ma- course, Griswold. One only had to look tors, Inc.; Independent Office Products chined Products Association; Precision at the Family Truckster to know that & Furniture Dealers Association; Indi- Metalforming Association; Printing In- it was a lemon. ana Nursery and Landscape Associa- dustries of America; Professional tion; Industrial Supply Association; In- Golfers Association of America; Profes- Clark told the dealer he wanted his dustry Council for Tangible Assets; sional Landscape Network; Profes- old car back. Unfortunately for Clark— International Association of Refrig- sional Photographers of America; Pro- or the actor, in this case—his old car erated Warehouses; International motional Products Association Inter- was crushed before he could get it Foodservice Distributors Association; national. back. You can imagine the consterna- International Franchise Association; S Corp Association; Safety Equipment tion Chevy Chase faced. You can see International Housewares Association; Distributors Association; Saturation the Family Truckster in this picture International Sleep Products Associa- Mailers Coalition; SBE Council; Sec- behind me. There it is, with Chevy tion; Kentucky Nursery and Landscape ondary Materials and Recycled Tex- standing on top as Clark Griswold. Association. tiles Association; Self-Insurance Insti- Clark’s experience with the Family Louisiana Nursery and Landscape Asso- tute of America (SIIA); Service Station ciation; Maine Landscape and Nursery Dealers of America and Allied Trades; Truckster is a metaphor for Ameri- Association; Manufacturers’ Agents SIGMA, the Society for Independent cans’ experience with ObamaCare. Our Association for the Foodservice Indus- Gasoline Marketers of America; Small Nation’s health care system might try; Manufacturers’ Agents National Business Council of America; Small have needed some work—there is no Association; Manufacturing Jewelers Business Legislative Council; SMC question about that—but the vast ma- and Suppliers of America; Maryland Business Councils; Society of American jority of Americans were satisfied with Nursery and Landscape Association; Florists; Society of Independent Gaso- their health care. Yet Democrats gave Massachusetts Nursery & Landscape line Marketers of America; Society of Americans ObamaCare which, like the Association, Inc.; Michigan Nursery Sport & Event Photographers; South and Landscape Association; Mid-Atlan- Carolina Nursery & Landscape Associa- Family Truckster, is a true jalopy, and tic Community Papers Association; tion; Southeastern Advertising Pub- they did their best to crush our former Midwest Free Community Papers; Min- lishers Association; Specialty Equip- health care system before we could nesota Nursery & Landscape Associa- ment Market Association; Specialty stop them.

VerDate Mar 15 2010 02:43 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A05AP6.007 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE April 5, 2011 CONGRESSIONAL RECORD — SENATE S2103 I also add that Americans, such as 1099 and send it to the IRS, as well as health care reform, the number of dol- Clark Griswold, eventually reached the provider of goods or services. In ad- lars that seniors will have to pay for their wits’ end. The tea party, the gu- dition, that landlord must track down health care will actually be lower—not bernatorial elections in New Jersey the vendor’s taxpayer identification higher, but lower—than what it other- and Virginia, the election of my col- number, which is not necessarily an wise would be on account of passage of league, the junior Senator from Massa- easy task to do. that bill. chusetts—all of these actions were the This law creates a large and unex- BUDGET PROPOSAL result of Americans standing up and pected paperwork burden on these I want to say a couple words about letting it be known that they were sick landlords. With the real estate market the budget proposal offered by the and tired of Washington recklessly struggling, we should not impose new House, the Ryan budget proposal. It is spending their money and recklessly paperwork burdens on landlords which important for people to know what is regulating, and they were not going to only hurt the real estate industry even in that budget. What is in it basically? take it anymore. more. Let me tell you. That budget cuts $2.2 To borrow from Robert Daltrey, I urge my colleagues to vote yes on trillion in health care costs over 10 Americans made it clear that they are the Senator JOHANNS’ amendment and years—$2.2 trillion in cuts in health not going to get fooled again, but that vote no on the Menendez amendment. care costs over 2 years. It repeals did not stop the Democrats from try- As I said, Senator JOHANNS’ amend- health care reform. That is what the ing. ment is a downpayment on a total re- Ryan resolution does. His budget reso- At the time the health spending bill peal of the onerous health care law lution repeals health care reform. was being enacted, President Obama that over time will wreck our Nation’s What else does it do? It dismantles and congressional Democrats were rais- health care system and lead to an ex- Medicare. It dismantles Medicare as we ing taxes to make it appear they were plosion of new Federal spending. know it. Health care reform extends partially paying for the $2.6 trillion in I ask my colleagues to vote no on the life of the Medicare trust fund by new spending contained in the partisan Senator MENENDEZ’s amendment. another 12 years. The Ryan House Re- health spending law. When the Demo- I personally wish to pay tribute to publican budget proposal repeals Medi- crats say this health law saved money, my colleague from Nebraska for his in- care as we know it. It turns into a ask yourself this: If the law was actu- defatigable efforts in trying to repeal voucher program. Basically, it says ally going to reduce Federal spending these terrible paperwork burdens that this: There have been reports that it on health care, would these massive nobody is going to look at anyway, costs about $15,000 to pay for seniors tax increases have been necessary? that really are not going to make any under Medicare for 1 year. There are In the end, ObamaCare was more of difference and are just going to cost an reports that the Ryan proposal says we the same—a tax-and-spend law that arm and a leg over time. I thank him are just going to give people $6,000 and vastly increased the size of an already- for the hard work he has done. He de- give it to a health insurance company. bloated Federal Government. serves credit for continuing to fight First, that is a big cut, 15 down to 6 President Obama and congressional these battles. and, second, it is to a health insurance Democrats should not have raised I hope all of us on the Senate floor company. So the net effect of the Ryan taxes and cut Medicare to fund a new will get rid of this monstrosity today proposal is very simple. It transfers entitlement program—an and hopefully work together to try and wealth from seniors, from children—be- unsustainable entitlement program. straighten out what is a very bad bill cause of Medicaid and people in nurs- After all, the three largest entitlement in ObamaCare. ing homes—it transfers wealth from programs—Social Security, Medicare, I reserve the remainder of my time. them to whom? Health insurance com- and Medicaid—are already headed for a The PRESIDING OFFICER. The Sen- panies. The Medicare proposal is a fiscal crisis. To create a fourth massive ator from Montana. transfer of wealth from seniors to entitlement program when these three Mr. BAUCUS. Mr. President, how health insurance companies. entitlement programs were already much time is remaining on each side? Health care reform did the opposite. going broke was fiscal insanity. That is The PRESIDING OFFICER. The ma- We extended the life of Medicare. How one reason we need to repeal the health jority controls 191⁄2 minutes; the minor- did we do it? In part, by cutting health spending bill in its entirety and start ity controls 8 minutes. insurance payments. So we helped sen- over. Mr. BAUCUS. Mr. President, I first iors in health care reform and we cut Senator JOHANNS’ amendment to re- wish to correct the record. I stated ear- health insurance companies. The Ryan peal the 1099 provisions in the health lier that if the Menendez provision is House Republican budget proposal does spending law and small business law is triggered, the 1099 repeal will not go the opposite; it cuts benefits to seniors a good first step in getting rid of the into effect. That is not correct. What I by a whopping amount and it takes partisan health spending bill entirely. meant to say is if the Menendez provi- that wealth and transfers it over to I think a lot of people, including sion is triggered, then the new true-up health insurance companies that will Members of Congress who voted for the rules in H.R. 4 will not go into effect. get higher premiums, higher bonus small business bill last year, were sur- That is an important distinction. No payments, their stock returns will go prised to learn that Congress enacted a matter what the result, 1099 will, in up, and their administrative expenses second 1099 provision last year. This is fact, be repealed. That is the main will go up. I don’t think that is what separate and apart from the 1099 provi- point. we want to do. But make no mistake, sion enacted in the partisan health I commend all Senators, including that is the effect of the Ryan proposal. spending law. This new 1099 provision Senator JOHANNS and others, who want Also, I might say, it reduces income was enacted as part of the small busi- to repeal 1099. It is very much the view taxes by about $1.2 trillion. So the real ness law last year. I voted against it. of this body—I, myself, want to repeal net of the effect of the Ryan proposal By the way, this provision is already in 1099, but I also think the provision of- is, take money away from people and effect since it applies to payments fered by Senator MENENDEZ is an im- give it to the health insurance compa- made on or after January 1 of this provement on repeal, even though re- nies and the wealthy. That is what the year. peal will actually go into effect. Ryan proposal does. That is exactly This 1099 provision causes landlords I will also say that there are a lot of what it does. The Ryan proposal takes who are not even actively engaged in statistics bandied about regarding money, about $5.8 trillion roughly, over the rental real estate business to send health care reform. The Fidelity com- 10 years—takes it away from people, in a Form 1099 to the IRS. It is required pany does an analysis of how much it especially seniors and kids on Med- when they pay more than $600 in 1 year costs people age 65 and older to pay for icaid, elderly who happen to be on Med- to a vendor for goods or services. For their health care. That is their pre- icaid—there are big reductions further example, suppose a landlord spends mium cost as well as their insurance in discretionary spending—and lowers more than $600 over the course of a costs or out-of-pocket costs. Fidelity income taxes by about $1.2 trillion. It year at a home improvement store. company has just concluded in the last lowers them. That is how it achieves That landlord must send out a Form week or so that as a consequence of budget savings of $5.8 trillion. He cuts,

VerDate Mar 15 2010 02:43 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.011 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE S2104 CONGRESSIONAL RECORD — SENATE April 5, 2011 cuts to the bone, and then cuts about They are going to lose, on the top this requirement will be repealed as $1.2 trillion more than he has to be- level, on entitlement programs. There part of this legislation. Failure to re- cause $1.2 trillion is reductions in in- is a cutback for those who reach a cer- peal this mandate will raise the com- come tax. tain level of income. This is not as sim- pliance costs for small businesses as- I want the public to know what is in ple as it sounds, nor is it a desire to tronomically. Already, as estimated by the Ryan budget. That is what it is. take anything away from senior citi- the NFIB, the major voice for small Let me say it one more time, clearly, zens. It is trying to get our country’s businesses in this country—they have simply. It is a transfer of money away budget under control and it is out of estimated that small business compli- from seniors and from kids on Medicaid control. ance costs with respect to tax compli- and elderly on Medicaid over to health Mr. President, I yield up to 5 minutes ance alone is $74 an hour. Tax compli- insurance companies—higher bonuses, to the distinguished Senator from ance is the most expensive form of pa- higher salaries, stock goes up, and in Maine, if I can. perwork. So the burden on small busi- addition it transfers money away from The PRESIDING OFFICER. The Sen- nesses will be strenuous and inordi- people to pay for tax cuts for the ator from Maine. nate. It is already disproportionate. wealthy—not tax cuts for the Ms. SNOWE. Mr. President, I rise in Their costs are 67 percent higher than unwealthy but tax cuts for the support of H.R. 4, to repeal the man- larger firms. wealthy. date on small businesses throughout There is no question, given the ubiq- How did he do that? He lowers the this country. The failure to repeal this uitous nature of this requirement, that top rate to 25 percent so the wealthy onerous mandate of the 1099 require- small businesses all across this country pay less taxes. He lowers the corporate ment would have a profound impact on will come under the weight of these down to 25 percent, so the bigger com- millions of businesses across this coun- very stringent regulations, having to panies pay less taxes. That is how he try and on the already stressed job submit 1099 forms. In fact, I was talk- does it. While we are talking about a market, as employers have to grapple ing to an individual the other day who short-term CR around here, and we are with the enormity of this cost, not to heads up an organization which has talking about a longer term CR around mention the compliance with this regu- 1,650 members and what did he say? He here, when we start talking about lation. said every one of these members will budgets, let’s look closely at what is I certainly commend the author of have to file anywhere from 200 to 600 actually in that Ryan proposal. this legislation, the Senator from Ne- forms every day. That is 200 to 600 Of course, we have to lower our budg- braska, Mr. JOHANNS, for his tenacity, forms on a daily basis. et deficits. Of course, we have to sig- his perseverance, his relentlessness in They didn’t want to talk about taxes. nificantly lower our budget deficits. bringing this to the forefront not only They didn’t want to talk about any- But, of course, we have to do it fairly, of the Senate but to the Congress and thing else. They wanted to talk about so all Americans are part of the solu- to the country. I hope we can join with whether we were going to repeal the tion, so health insurance companies our counterparts in the House of Rep- 1099 requirement. That is why there is are also part of the solution, so the resentatives in an impressive, bipar- so much support for this repeal. It is so most wealthy are also part of the solu- tisan vote because we do need to bring important, during these difficult eco- tion. All Americans have to be part of this to a conclusion. nomic times, that we avoid imposing the solution. The Ryan budget does not I also appreciate that the Senator any tough regulations on our small do that. It says only the seniors—we from Nebraska included in this repeal business owners. get the budget deficit reduction on the the provision I recommended, which The other point to be made is, this backs of seniors, on the backs of people was to repeal the provision that the 1099 requirement is vastly different who otherwise receive medical care mandate would be extended to rental from what is familiar to most Ameri- under Medicaid and some other things, property owners. This was a require- cans. For most Americans, 1099 forms but also we shift income to the most ment that was included in the Small generally come from their financial in- wealthy by lowering their taxes. Business Jobs Tax Relief Act that be- stitutions to report the interest they I hope when we are voting on the came law last fall—inexplicably, given have earned on their savings accounts Menendez amendment, which is impor- the fact that the 1099 quagmire was al- or to report the interest they pay on tant to do, also in the background we ready well known to everyone. Yet it their mortgage to their lenders. That understand what is going on in the was included in that legislation that requirement is specific, to make sure other body. They may bring this up and became law—so those who are rental they report directly their tax liability try to pass it this week. They may try property owners will have to comply on the income earned in that specific to pass it on the floor next week—I with this mandate as well. The big dif- tax year. Now we are reverting to a don’t know. But we should recognize it ference is, this requirement takes ef- very different form by requiring busi- for what it is and come up with a def- fect in January of this year so nesses to report in the aggregate all icit reduction proposal that is fair, fair unsuspecting owners will already be their expenditures for goods and serv- to all Americans, not on the backs of subject to the burden of reporting to ices to any vendor. That is a very dif- the seniors for the benefit of health in- the Internal Revenue Service any busi- ferent requirement. surance and not on the backs of aver- ness expenditures for goods and serv- My concern is one that has not been age Americans for the benefit of the ices that exceed $600 per vendor, simi- widely discussed. The fact is, by doing most wealthy, by lowering their in- lar to all the other requirements under so, by making this conversion how we come taxes by $1.2 trillion over 10 the law that will begin for 2012 for all use the 1099 form, it is essentially put- years. That is not fair. small business owners. ting in place an infrastructure, a sys- I yield the floor. As we all know, this new mandate on tem for a value-added tax, by requiring The PRESIDING OFFICER. The Sen- small businesses was imposed in the businesses to report all this informa- ator from Utah. health care reform law. Yet it had tion. So we could essentially have a Mr. HATCH. Mr. President, we are nothing to do with reforming the system in place, where we could have a headed toward $20 trillion in spending. health insurance industry. It had ev- functioning value-added tax by taking The President’s program, the Demo- erything to do with raising revenues the next step based on the information crat’s program, is maybe one-half of 1 and placing inordinate burdens on that is already required to be sub- percent, which is almost nothing. This small businesses. The rental real estate mitted by this requirement. is their program, a blank sheet of was added to this paperwork morass, It is urgent we repeal this mandate. paper. That is what it is. At least Con- and what is disconcerting is the fact It is important to send that message. It gressman RYAN, the Budget Committee that it directly affects those States is important to repeal this mandate in chairman over in the House, is trying that depend on tourism, such as my its entirety. to do something that is worthwhile. By State of Maine, with respect to rental I yield the floor. the way, just so everybody knows, the property. Mr. LEVIN. Mr. President, today we rich are not going to be treated tre- I think it is going to be very impor- vote on a bill that would repeal the mendously respectfully in this matter. tant to make sure people understand 1099 reporting expansion that was made

VerDate Mar 15 2010 00:46 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.015 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE April 5, 2011 CONGRESSIONAL RECORD — SENATE S2105 into law under the Affordable Care Act. the amount of repayment that must be tain middle-class families that incur unex- This reporting requirement was de- made by families who receive health pected tax liabilities, in many cases totaling signed to improve tax compliance. insurance premium subsidies. Note thousands of dollars, notwithstanding that However, many businesses fear this ex- that these taxpayers could be reporting they followed the rules. The Administration also notes that a provision repealing the pansion could end up burdening not their income correctly to the exchange same information reporting requirements in those who seek to evade their taxes, throughout the year but still owe sub- the FAA Air Transportation Modernization but those who innocently do business stantial payment or ‘‘true-up’’ when and Safety Improvement Act would pay for with those who do. This is why I sup- they file their taxes simply because the the repeal with an unspecified rescission of port the repeal of this reporting re- look-back period for subsidy eligibility $44 billion that, in combination with other quirement in the Affordable Care Act. encompasses an entire year. For exam- proposals currently under consideration in Unfortunately, I do not agree with ple, under H.R. 4, families that have no Congress, could cause serious disruption in a how this bill would pay for this repeal. income for part of the year—for exam- wide range of services provided by the Fed- eral government. This bill would hurt individuals who ple because of the loss of a job—could The Administration looks forward to con- receive modest pay increases or bo- owe $12,000 in true-up payments be- tinuing to work with the Congress on the re- nuses during the course of a year. The cause they secure employment midway peal of the information reporting require- Affordable Care Act subsidizes insur- through the year. ments in the course of the legislative proc- ance coverage for middle-class families I am strongly supportive of ensuring ess, including finding an acceptable offset for making under 400 percent of the Fed- that taxpayers receive accurate sub- the cost of the repeal. eral poverty level who don’t have ac- sidies to help offset the cost of health The PRESIDING OFFICER. Who cess to employer provided coverage. insurance in the new State exchanges. yields time? Under current law, people close to 400 Many experts throughout the Nation Mr. HATCH. Mr. President, how percent line are protected from sub- have told us, however, that it is crit- much time remains to both sides? stantial tax penalties if they receive a ical to provide reasonable hold harm- The PRESIDING OFFICER. The Sen- modest raise or bonus that bumps them less levels for taxpayers given that sub- ator from Utah has 1 minute 20 sec- into a higher income bracket. This bill sidies are paid on a monthly basis and onds, the majority has 31⁄2 minutes. would eliminate that protection and the look back period to determine in- Mr. HATCH. I reserve the remainder impose a retroactive penalty on those come eligibility encompasses a year. of my time. families that could amount to thou- These experts tell us that without such The PRESIDING OFFICER. The Sen- sands of dollars. Those families, even if a hold harmless, taxpayers’ willingness ator from New Jersey. they end up over the line by $1, would to participate in the new exchanges Mr. MENENDEZ. Mr. President, I have to pay back the entire amount of will be chilled resulting in only sicker, know we often read that Democrats their subsidies. For a family of four, more costly populations coming to the and Republicans cannot agree. Here is for instance, this could mean owing exchange. This in turn, will drive up a news flash: We agree on repealing more than $5,900 on their taxes because costs for individuals, families, and 1099. I have listened to my three distin- of an unexpected increase in income businesses purchasing coverage in the guished colleagues spend a lot of their from $89,000 a year—398 percent of the exchange. In fact, the Joint Committee time talking about repeal of 1099. We FPL—to $89,500—$100 above the 400 per- on Taxation has confirmed to me that absolutely agree. I have voted six times cent FPL. they project hundreds of thousands of to do that. That is not an issue. I support the amendment offered by Americans will forgo the receipt of What is an issue, and my distin- Senator MENENDEZ that directs the health insurance as a result of H.R. 4 guished colleague from Nebraska—with Secretary of the Department of Health and that a majority of the offsetting whom I have worked with before in and Human Services to study the im- revenue from the amendment is gen- passing some important legislation, pact of this bill on health care pre- erated by forgone health insurance cov- and I have a great deal of respect for miums and coverage for small busi- erage and subsidies, not the recouping him—talked about a victory for small nesses and their employees. If the HHS of overpayments. business. I agree. But I want a total Secretary finds that the changes in re- I ask unanimous consent that Presi- victory for small business, and a total payment amounts under this bill would dent Obama’s March 1 SAP be printed victory for small business is not repeal- increase health insurance premiums for in the RECORD. ing 1099 and then giving them a bigger small businesses or their employees or There being no objection, the mate- tax bill for their employees or raising increase the number of uninsured, the rial was ordered to be printed in the the cost of insurance for that small repayment amounts would revert to RECORD, as follows: business. A real victory is an oppor- current law. tunity to make sure we repeal 1099—my STATEMENT OF ADMINISTRATION POLICY I look forward to continuing to im- amendment clearly has 1099 repeal prove the Affordable Care Act and will H.R. 4—COMPREHENSIVE 1099 TAXPAYER PROTEC- going forward—but then does a study TION AND REPAYMENT OF EXCHANGE SUBSIDY that says if small businesses are going continue to fight for affordable and OVERPAYMENTS ACT OF 2011 available health care for all Ameri- to face higher costs or their employees The Administration strongly supports ef- are going to face a $10,000 tax bill, then cans. forts to repeal the provision in the Afford- Mr. BINGAMAN. Mr. President, I rise able Care Act that established information that part of it should not proceed. today to raise serious concerns about reporting requirements for tax purposes that If I am wrong, nothing will happen. the offset proposed for H.R. 4. place an unnecessary bookkeeping burden on The study will come. They will say: No, I am very supportive of the under- small businesses. The Administration is small business is not going to have an lying intent of H.R. 4—repeal of the committed to reducing the gap between increase; no, taxpayers are not going 1099 reporting requirements, which taxes legally owed and taxes paid, but be- get a surprise tax bill. Then the repeal were created in Affordable Care Act. In lieves that the burden created on businesses will have already gone through and fact, I have voted to repeal these re- by the new information reporting require- there is no foul, no harm. But if I am ment on purchases of goods that exceed $600, right, then voting against my amend- quirements over the last few months. as included in Section 6041 of the Internal However, I have deep concerns about Revenue Code as modified by Section 9006 of ment is voting for a tax bill for middle- the offset proposed in H.R. 4. The offset the Affordable Care Act, is too great. class families, voting to increase insur- represents harmful policy and has been However, the Administration has serious ance on small businesses. strongly objected to by President concerns about the approach the Congress The issue about going quickly to the Obama in a Statement of Administra- has taken to paying for the repeal. The Ad- President, first of all, is a priority. So tive Policy or ‘‘SAP’’ issued on March ministration strongly opposes the House’s if we pass this, this is not, as has been 1. offset to pay for this repeal in H.R. 4, which suggested, an alternative; it is just a Specifically, H.R. 4 would increase would undo an improvement enacted with single amendment to the existing bill nearly unanimous support in the Medicare the tax burden on American families and Medicaid Extenders Act that eliminated on a provision that allows for the re- seeking health insurance coverage in an egregious ‘‘cliff’’ in the tax system affect- peal to go through but makes sure the new health insurance exchanges. ing middle income taxpayers. Specifically, small businesses and individuals do not The legislation does so by increasing H.R. 4 would result in tax increases on cer- get higher costs. That can go to the

VerDate Mar 15 2010 00:46 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.016 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE S2106 CONGRESSIONAL RECORD — SENATE April 5, 2011 House. The House can pass it and send amount, and now they are going to get time, up to 2 minutes, with an equiva- it to the President—away we go; we do a $10,000 tax bill or, on the contrary, lent amount of time given to the other not have a problem. Helping small they didn’t have a job when they got side, to make my closing remarks. businesses by reducing their paperwork the subsidy, and then they got a job in The PRESIDING OFFICER. Without while at the same time driving up the middle of the year and they are a objection, it is so ordered. health care costs and forcing coverage dollar over the amount, and they are The Senator from Nebraska. cuts for small businesses is simply not going to face a $10,000 tax bill. Is that Mr. JOHANNS. Mr. President, again good policy. what we want to do, send that type of with all due respect to my colleague In all fairness, I did not hear voices bill to families? from New Jersey, there have been over rise up when this bill was being delayed Finally, I appreciate hearing Senator 200 business groups that have expressed over the last week by some of my Re- HATCH say this is a downpayment on opposition to the Menendez amend- publican colleagues trying to get their total repeal of the health care law. ment, and that would include the amendments considered, and those Well, you know, if we are going to do NFIB, the National Association of amendments were extraneous to small that, if that is what this is really all Manufacturers, the Franchise Associa- business. So we either have a double about, this is not helping small busi- tion, and the chamber of commerce. standard here or a desperate attempt nesses. Helping small businesses means You see, requiring people to pay back to defeat what I think is a good amend- we repeal 1099 and don’t increase their what they should not have received in ment. costs and don’t send their employees a the first place is regarded as good gov- The House could have taken up the $10,000 or higher tax bill. ernment, not bad policy. That is what amendment, H.R. 4, and passed it into So this is about, in my mind, making should be happening. law by now. So I think it is somewhat sure there is a win-win for small busi- The second thing I would say about disingenuous to have an argument that nesses because if we want to repeal the this is that this becomes a roadblock says we can’t afford one amendment to health care law, then that is about because we end up with a different proceed on this bill when our col- making sure we go back to preexisting House bill and a different Senate bill. leagues, at the beginning of this Con- conditions where a husband who had a If this is such a great idea, attach the gress, made a big production about a heart attack on the job can no longer amendment to some other bill that is full debate and an open amendment get insurance; where a child born at coming along, and we can get the study process on all things considered on the birth with a defect cannot get insur- done. Senate floor, but when there is one ance; where a woman was facing 150- So, again, I appreciate the oppor- amendment that is meant to protect percent higher premiums than a man tunity to work with Senator MENEN- taxpayers and small businesses, oh, no, simply because she was a woman; DEZ, but I do believe very strongly that that is going to create an inordinate where, in fact, you couldn’t keep your we need to defeat this amendment. delay, after we had well over a week of child, up to age 26, on your insurance The PRESIDING OFFICER. The Sen- delays by Republican colleagues seek- as they are going through school; ator from Utah. ing extraneous amendments to a small where, in fact, we could close the pre- Mr. HATCH. Mr. President, if you say business bill. Please. scription drug coverage for seniors. If you are for fiscal responsibility, you Now, I love Senator HATCH’s jalopy. I that is what we are talking about, that need to oppose the amendment of my remember that movie, took my family is a different subject, and we can have friend from New Jersey. Here is why. to see it. But the worst jalopy would be that debate. But this debate is about The nonpartisan scorekeeper for tax taking away 1099 and then going ahead making sure we repeal 1099 and making legislation, the Joint Committee on and giving small businesses higher sure small businesses do not get higher Taxation, tells us that the Menendez costs and a higher tax bill for individ- costs and their employees do not get a amendment puts the savings on the uals. That is a real jalopy. That is a tax penalty. I think everybody should House bill in doubt. That means that if lemon. want to be for that. We can send it the Menendez amendment is adopted, So we have an opportunity to take straight to the House. The House can the House bill will add to the deficit by away and undo and repeal the 1099. My pass this version and send it to the perhaps as much as $25 billion. The amendment permits that to go forward President. That is ultimately the op- Menendez amendment would maintain but at the same time makes sure small portunity here. the risk of payment of billions in businesses do not get hurt. I urge my colleagues to support my fraudulent, improper, or excessive How will they get hurt? How may amendment. That is why the Main health insurance exchange subsidies. they get hurt? Well, a lot of States, for Street Alliance, which also supports What is more, the Senate unanimously example, are considering whether to businesses, says: Our small business agreed to a similar offset on the doc fix combine their small business and indi- owners are very supportive of efforts to bill. vidual pools. For States that combine remove the imposition of the new 1099 My friends, if you were against fraud- their pools, small businesses could see reporting requirements. We cannot, ulent, improper, or excessive health in- an increase in premium costs. The however, accept a pay-for that under- surance payments before, stick to your healthiest people with little to no mines other important provisions of guns—oppose the Menendez amend- health care costs will have the most the law that helps small businesses and ment. flexibility to decide whether to pur- contains costs. I yield the floor, and I am prepared to chase coverage, and they may simply My amendment ensures that we do yield back any time we have. pay the mandate penalty versus the po- both—repeal 1099 and not put the bur- The PRESIDING OFFICER. The Sen- tential for a $10,000 to $12,000 tax bill. den on small businesses in terms of ator from New Jersey. With more healthy people opting out of higher health insurance costs, and Mr. MENENDEZ. Mr. President, I am buying insurance, the pool of people their employees. I urge passage of my compelled to answer because now I who ultimately enroll in the exchanges amendment. hear about fraud and $25 billion. You that would consist of, on average, less I yield the floor. cannot have it both ways. You cannot healthy individuals—that is going to The PRESIDING OFFICER. The Sen- say this amendment costs money— push up the premiums for everybody ator from Utah. what the Joint Committee on Taxation else buying insurance in the exchanges, Mr. HATCH. Mr. President, how said is it could not determine a revenue including small businesses and employ- much time remains? score. And it is important to point out ees. That is only one example. The PRESIDING OFFICER. One that this amendment does not spend an The other problem is, when you are minute 20 seconds, and the majority additional dime. And the only reason— facing your constituents, I hope you has 31⁄2 minutes remaining. the only reason—this amendment are ready to tell them that through no Mr. HATCH. I ask unanimous consent would have a revenue effect would be if fault of their own—when they had a that I give a minute to the distin- the offset increases health insurance job, they lost their job, you know, 6 guished Senator from Nebraska and costs or cuts coverage for small busi- months into the year, and they face then, if there is not enough time re- nesses. Otherwise, there is no issue. So the fact that they are still over the maining, that I be given sufficient you can’t have it both ways. Either

VerDate Mar 15 2010 00:46 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.018 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE April 5, 2011 CONGRESSIONAL RECORD — SENATE S2107 there is an admission that it is going The Johanns amendment (which is essen- [Rollcall Vote No. 48 Leg.] to cost small businesses more, cost tax- tially H.R. 4) increases maximum repayment YEAS—41 caps for overpayment of health insurance ex- payers more, or it is not. That is No. 1. Akaka Durbin Mikulski change subsidies for taxpayers in certain in- No. 2, this is not about fraud. This is Baucus Feinstein Murray come categories below 400 percent of the fed- not about someone seeking something Begich Franken Reed eral poverty level (‘‘FPL’’), and removes the they did not have the right to receive. Bennet Gillibrand Reid caps for taxpayers above 400 percent FPL. Bingaman Harkin Fraud is individuals who are delib- Rockefeller We estimate that this portion of H.R. 4 Blumenthal Inouye Sanders erately underreporting their income or raises $24.9 billion relative to present law. Boxer Johnson (SD) Schumer fraudulently trying to get extra sup- The Menendez amendment (FRA11028) would Brown (OH) Kerry Shaheen Cantwell Kohl port. That is not what we do. Those en- Stabenow amend this amendment to require that the Cardin Lautenberg Udall (CO) forcement provisions in the law to Secretary of Health and Human Services Carper Leahy Udall (NM) combat fraud and abuse are untouched conduct a study to determine if the new re- Casey Levin payment caps in H.R. 4 will (A) increase Conrad Menendez Whitehouse by my amendment. This is simply Wyden about someone who honestly got a sub- health insurance premiums within Ex- Coons Merkley sidy. And we have a provision in the changes for employees or owners of small NAYS—58 business, or (B) result in an increase in the law that deals with how they pay back, number of individuals who do not have Alexander Hagan Murkowski Ayotte Hatch but it doesn’t throw them over the cliff health insurance, a disproportionate share of Nelson (NE) and send them a surprise $10,000 tax Barrasso Hoeven Nelson (FL) which are employees or owners of small busi- Blunt Hutchison bill. So that is simply not exactly quite Paul nesses. If the study determines that one or Boozman Inhofe Portman the same thing. both of (A) or (B) would occur, the changes Brown (MA) Isakson Pryor Yes, the doc fix—we did use a provi- to the caps in H.R. 4 would not be imple- Burr Johanns Roberts sion to deal with the SGR with the doc mented. Chambliss Johnson (WI) Rubio Coats Kirk Sessions fix, but we did not put small businesses We do not project an increase in health in- Coburn Klobuchar Shelby and families at harm, as H.R. 4 does. surance premiums in the Exchanges for em- Cochran Kyl Snowe So the reality is that this amend- ployees or owners of small businesses as a re- Collins Landrieu Tester ment permits repeal to move forward. sult of H.R. 4. We project that there would be Corker Lee Cornyn Lieberman Thune After the repeal, a study is done. If an increase in the number of people who are Toomey uninsured as a result of the new caps in H.R. Crapo Lugar there is no harm, if it supposedly does DeMint Manchin Vitter not cost small businesses any more 4, because some people would avoid pur- Ensign McCain Warner money, does not drive up insurance chasing insurance through the Exchanges in Enzi McCaskill Webb order to avoid possible future increases in Graham McConnell Wicker costs, does not cost the taxpayer tax liability. Grassley Moran maybe $10,000 or $12,000, fine. But if it does, then we would ultimately not We would expect that about 1/3 of the NOT VOTING—1 adults who fail to enroll in the exchanges for Risch have that harm come upon small busi- this reason would be unemployed. Of those nesses, come upon individual taxpayers who are employed, we would expect that The PRESIDING OFFICER. On this with a surprise bill. And we could, of they would be roughly equally divided be- vote, the yeas are 41, the nays are 58. course, if that is the end result, which tween being employees or owners of firms Under the previous order requiring 60 we don’t know—that is why the Joint less than 50, and employees or owners of votes for the adoption of this amend- Tax Committee could not come up with firms greater than 50. Thus, a larger share of ment, the amendment is rejected. a determination. We will not know small business employees would be affected The question is on the third reading until the study is done. Instead of hav- than of large business employees, although small business employees and owners would of the bill. ing a risky venture, let’s have the ac- The bill was ordered to a third read- tual facts. Repeal will have gone comprise less than half of the newly unin- sured. ing and was read the third time. through. We can protect small busi- Because it is unclear how the Secretary The PRESIDING OFFICER. The bill nesses and those taxpayers, and, if nec- having been read the third time, the essary, we can find a different offset. If will interpret the terms ‘‘disproportionate share’’ and ‘‘small business,’’ we cannot pre- question is, Shall the bill pass? they are wrong and I am right, that dict the findings of this study. If the study Mr. JOHANNS. Mr. President, I ask this concern about taxpayers getting a conducted by the Secretary reaches a similar for the yeas and nays. surprise bill and small businesses hav- conclusion to our estimate, and the Sec- The PRESIDING OFFICER. Is there a ing greater insurance costs is true, retary deems that this would meet the cri- sufficient second? then we will protect them and we can teria of a disproportionate share of employ- There is a sufficient second. look for a different offset at the time. ees or owners of small businesses among the Repeal will have taken place no matter newly uninsured, this amendment would re- The clerk will call the roll. what. sult in failure to implement the new caps The assistant legislative clerk called Why would you not want to protect under H.R. 4, thus losing $24.9 billion relative the roll. small businesses and taxpayers from to the Johanns amendment. Mr. KYL. The following Senator is getting a surprise bill? That is all my TOM BARTHOLD. necessarily absent: the Senator from amendment does, and that is why I Mr. HATCH. Mr. President, I ask for Idaho (Mr. RISCH). urge its passage. the yeas and nays. Further, if present and voting, the Senator from Idaho (Mr. RISCH) would Mr. HATCH. Mr. President, I would The PRESIDING OFFICER. Is there a have voted ‘‘yea.’’ like to briefly respond to my friend sufficient second? There is a sufficient from New Jersey’s comments about the The PRESIDING OFFICER. Are there second. The yeas and nays are ordered. Joint Committee on Taxation’s anal- any other Senators in the Chamber de- ysis of his amendment. The question is on agreeing to the siring to vote? The Joint Committee on Taxation Menendez amendment. The result was announced—yeas 87, corresponded with Senator The clerk will call the roll. nays 12, as follows: MCCONNNELL’s office on Senator The bill clerk called the roll. [Rollcall Vote No. 49 Leg.] MENENDEZ’s amendment. I ask unani- YEAS—87 mous consent to have printed in the Mr. KYL. The following Senator is necessarily absent: the Senator from Alexander Burr Cornyn RECORD relevant portions of that e- Ayotte Cantwell Crapo mail discussion. Idaho (Mr. RISCH). Barrasso Cardin DeMint There being no objection, the mate- Further, if present and voting, the Baucus Carper Ensign rial was ordered to be printed in the Senator from Idaho (Mr. RISCH) would Begich Casey Enzi Bennet Chambliss Feinstein RECORD, as follows: have voted: ‘‘nay.’’ Bingaman Coats Franken CORRESPONDENCE TO STAFF OF SENATOR The PRESIDING OFFICER. Are there Blumenthal Coburn Gillibrand Blunt MCCONNELL FROM TOM BARTHOLD, CHIEF OF any other Senators in the Chamber de- Cochran Graham STAFF, JOINT COMMITTEE ON TAXATION, Boozman Collins Grassley siring to vote? Boxer Conrad Hagan DATED APRIL 5, 2011 Brown (MA) Coons Hatch You requested an estimate of the Menendez The result was announced—yeas 41, Brown (OH) Corker Hoeven amendment (FRA11028). nays 58, as follows:

VerDate Mar 15 2010 02:43 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.019 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE S2108 CONGRESSIONAL RECORD — SENATE April 5, 2011 Hutchison McCain Sessions President Bush—I believe my facts The American people ought to look Inhofe McCaskill Shaheen Isakson McConnell Shelby are correct—asked for the debt limit to at us and say: What is going on? Do Johanns Menendez Snowe be extended seven times. This will be you not get it? Do you not understand Johnson (SD) Merkley Stabenow the second under President Obama’s that the country as a whole is now ex- Johnson (WI) Moran Tester leadership. It has been extended mul- periencing what a large number of our Kerry Murkowski Thune Kirk Nelson (NE) Toomey titudes of times prior to that. As a families did over the last 2 years, that Klobuchar Nelson (FL) Udall (CO) physician I am querying myself to ask the amount coming in is less than the Kohl Paul Udall (NM) the question: Why do we put a limit on amount going out and adjustments in Kyl Portman Vitter our debt when every time it comes up, Landrieu Pryor Warner how we spend and what we spend have Lee Reed Webb we raise the limit again? The answer to to be made? Lieberman Roberts Whitehouse that question is the limit does not We have an ethanol amendment that Lugar Rockefeller Wicker mean anything because we continue to I understand is controversial. The fact Manchin Rubio Wyden disregard the difficulty we are in. If a is, it will be voted on after cloture is NAYS—12 debt limit meant something, we would filed on this bill. But it is an amend- Akaka Lautenberg Murray make changes and take actions to ment that will save a true $4.9 billion Durbin Leahy Reid limit the amount of money we are this year alone. The money for that tax Harkin Levin Sanders spending so we would not break the Inouye Mikulski Schumer credit that goes to the international debt limit or have to raise the debt and national oil companies in this NOT VOTING—1 limit. country to blend ethanol with fuel— Risch As a physician, when I think about they sent a letter and said they do not the debt limit, the debt limit is a The PRESIDING OFFICER. Under want the money. How does one justify symptom of simply another problem. the previous order requiring 60 votes voting to send money, $4.9 billion, to That other problem is that we in Con- for passage, the bill is passed. ExxonMobil and Chevron and gress—this Congress, the Congress be- The Senator from Colorado is recog- ConocoPhillips and all the rest of the fore this, and the 10, 20 Congresses be- nized. big ones that are going to show tre- fore that—have not taken seriously the mendous profits with oil prices where f idea that this country has to live with- they are today? When they say they do in its means. In fact, we are not living ORDER OF PROCEDURE not want it, how does one justify con- within our means. We were not living tinuing to send money to them? How Mr. UDALL of Colorado. Mr. Presi- within our means before the housing does one vote against not sending that dent, I ask unanimous consent that at crisis of 2008. We were not living within money back to the Treasury, not bor- 2:15 p.m. the Senate proceed to a period our means except one short period of rowing the money from the Chinese to of morning business with Senator time when we had a true net surplus of COBURN being recognized for up to 20 about $36 billion, thanks to the tech pay the large oil companies to blend minutes; that following Senator bubble and the fact that in 1995, the ethanol? It is not a justification. The reason COBURN, Senator MIKULSKI be recog- 104th Congress did a rescission package we are not having a vote is because nized for up to 15 minutes; and that fol- of a significant amount, under $30 bil- they know it will be adopted. That lowing Senator MIKULSKI’s remarks, lion, but the accumulated benefit of amendment will be adopted. That is the majority leader be recognized. that allowed us to run those surpluses. The PRESIDING OFFICER. Is there The question before our country why we are not having a vote. objection? today is: Is the Congress going to pass America ought to look at the Senate Without objection, it is so ordered. another debt limit? Are we going to and say: You are not having a vote on something that will save America al- f raise the debt limit again and not do what every other family, every other most $5 billion this year, before the end RECESS business, and every other organization of this year that the people who are getting that money do not want and The PRESIDING OFFICER. Under in this country has to do and, in fact, have written to the Congress and said, the previous order, the Senate stands the rest of the world? And that is, they We do not want the money, and yet we in recess until 2:15 p.m. do not have the liberty of spending are not going to be allowed to take Thereupon, the Senate, at 1 p.m., re- money they do not have on things they that amendment up in regular order cessed and reassembled at 2:15 p.m. do not absolutely need. and not be able to have a vote on it be- when called to order by the Presiding I believe the question the American cause a small special interest group Officer (Mr. WEBB). people ought to be asking of Congress and this President is: How dare you does not want that to happen? f even consider raising the debt limit Talk about dysfunctional. Talk about MORNING BUSINESS until you have done a thorough job of having our heads in the sand. Talk finding out whether the programs—the about not addressing the real problem The PRESIDING OFFICER. The Sen- with the debt limit when we cannot ator from Oklahoma. multitudes, hundreds of thousands of programs—we have actually function even do something that simple, of sav- Mr. COBURN. Mr. President, I under- efficiently, actually do their intended ing the American people $5 billion on stand that I have 20 minutes. purpose and, in fact, are a legitimate one amendment and we will not do it? The PRESIDING OFFICER. The Sen- role for the Federal Government to be Some real change has to happen, and ator is correct. doing in the first place? not enough change has happened yet. f We are always going to have the par- The Government Accountability Of- fice issued a report a month ago out- STATUTORY DEBT LIMIT tisan debate on whether taxes are not high enough or spending is not low lining massive duplication throughout Mr. COBURN. Mr. President, I want enough. But all of those belie the real our government, the first third of it to speak on two or three topics, the problem, which is this country cannot with massive amounts of duplication. first of which is the statutory debt continue to live beyond its means. The question on the other side is: Are limit. In point of fact that this Congress these legitimate roles for the Federal We heard the Treasury Secretary does not want to do that, we have a Government? We are not even going to today say that essentially early, late small business bill on the floor about debate that issue. The fact is, they July would be the last time at which which we are all tied up in knots be- showed massive amounts of duplication we could manipulate things to not sur- cause we do not want to make votes in large areas across the government in pass our debt limit. I wanted to ask the that actually will cut $20 billion worth which we have multiple programs to do rhetorical question: What does the of spending this year. We do not want the exact same thing. statutory debt limit mean? What it to have those votes. We have had all We have an amendment that will means is we put into law a limitation these shenanigans to try to keep from save $5 billion this year if we will vote on ourselves on the amount of money coming to the floor amendments that on the amendment and say, Let’s cut $5 we can borrow. actually do something. billion out of at least $50 billion to $100

VerDate Mar 15 2010 02:43 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A05AP6.003 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE April 5, 2011 CONGRESSIONAL RECORD — SENATE S2109 billion we know is there, and let’s do it about another disease that seems to be Here is what I don’t get. My home this year, and let’s have the adminis- running rampant in the House Repub- State is the home of the National Insti- tration mandate they have to do it. lican caucus, and that is hypocrisy. tutes of Health. Right now I have thou- That is another $5 billion. In two Hypocrisy. The reason I say that is sands of people working as a team to amendments, we would have covered they say one thing and they mean an- find the cure for Alzheimer’s, for AIDS, everything we would have cut with the other. They say one thing and they de- for autism, for cancer. We race for the CRs. They are common sense. They ceive the American public. cure, and we should, but we are going match what the American people want Ordinarily, I would not comment on to tell those researchers they are non- us to do. If we had true world bankers, the behavior or the tribal mores of the essential. they would be telling us to do it as House Republican caucus, but they Right now there are thousands of well. And yet we have not been able to have had a field day on TV ridiculing Federal employees processing the achieve a vote on that amendment. the Senate, ridiculing the Democratic claims of Social Security, making sure Then we have the fact that we have Senate, essentially doing a lot of name someone who is disabled qualifies for unemployed millionaires to the tune of calling. I am not doing name calling. I their benefit. They are going to be told taking, I believe the number is, $20 mil- am going to do fact describing. they are nonessential. lion in unemployment checks—people The reason I call it hypocrisy is this: Let me tell you, on any given day, if earning $1 million a year taking $20 What they say they want to do, which somebody, in whatever town they live, million from the taxpayers of this is reduce government spending, they do goes to their Social Security office and country for unemployment. We should not. They only do it on particular finds it shuttered and they cannot not let that go on one second longer. groups of people. apply for a benefit for which they be- The other is something called the Unemployment is for people who des- lieve they are eligible, I think they consequences of the shutdown. Let me perately need it. It is not for those who would rather shut us down than that say this: They want to cut spending, do not. Social Security office be shut down. but they are unwilling to cut their own What we have also found is the tre- Ask anybody in the United States of pay. Sure, I am for a government that mendous cost, as we researched the America who they think is more essen- is more frugal. I am for cuts. But I am data on the unemployment for million- tial, Members of Congress or the re- not for their cuts. What they propose is aires, that we are spending almost $5 searchers working on a cure for cancer reckless and radical, and when they do billion a year to manage the unemploy- or those people working to defend our not get their own way, they say: Cut it ment program in this country at the borders. I could give example after ex- or shut it. Federal level, when 85 to 90 percent of ample; you know where they are. However, I take this position: If It is very clear people know they de- the work is done at the State level. We there is a government shutdown, I do pend, for the functioning of the Federal did not even offer that amendment to not think Members of Congress should Government, on a civil service that is downsize that activity. be paid. If there is a government shut- honest, that has integrity, counseling The suggestion I have for my col- down and we tell dedicated Federal em- us to make sure we keep government leagues is let’s go back to the debt ex- ployees that they are not going to get doors open while we negotiate the tension, the statutory debt limit. I am paid, that they are nonessential, the numbers. Numbers do matter. I am of a mind—and I think the average fact that we could not stop a shutdown ready to come to the table. I believe all American, regardless of what the con- shows we are not essential. I believe if Democrats are ready to come to the sequences are and all the fear there is a shutdown, Members of Con- table. But we will not come to the mongering we hear about, oh, you have gress should not get paid. I not only table to engage in meaningless discus- to do this, you have to do this—I do not want to express that as a sentiment, I sions and pursuing a way that is reck- think we should do it until we have fol- did that backing Senator BARBARA less. lowed some of the commonsense pre- BOXER’s bill which passed the Senate I will discuss about the recklessness scriptions that the average family does that said if there is a shutdown, Mem- more, but I want everybody to under- in this country before we extend the bers of Congress do not get paid. stand Democrats in the Senate passed debt limit. My knowledge of the func- What did the House Republicans do? a bill that said if there is a shutdown, tioning of this town says it is doubtful They passed a bill, I will not go we don’t get paid, no way, no day, and we will ever do that. through the details, but on this rel- no backpay. So no way, no backpay. I call on my colleagues to start evant section they said Members of The House, in the meantime, did this thinking about what the real disease is Congress and the President do not get sham scam that says: Yes, we will pre- in Washington. The real disease is we paid. But guess what. They allow for tend we are not getting paid, but we do not have the courage to make the retroactive payment. The Senate bill are going to pick up a backpayment. very hard choices that are in front of does not do that. So they would be the I don’t get these guys. They want to our country today and then live with only ones in a shutdown who can come take away Medicare and turn it into a the results of that in terms of how it is back and pick up that little paycheck voucher program, but they are sure going to impact our political careers. they have stuck in a corner. Talk happy picking up government health Everybody has a program they want about hypocrisy. That is called bait care. They love getting federally sub- to protect. The message for America and switch. It ought to be under some sidized health care. They want to take today is every program is going to get kind of consumer protection law. away other people’s pensions, but they hit. The Defense Department is going Even the title of their bill is wrong. sure like getting their Federal em- to get hit. Every program is going to Their bill is called the Government ployee pensions. I am going to put an get hit. My taxes are going to go up. Shutdown Prevention Act. Their bill end to the hypocrisy, and I am going to Sorry, they are going to go up. This doesn’t stop a shutdown. It doesn’t put an end to the CR dangling. country cannot get out of this mess even help with the sitdown. What is a I think we need to come to the table with the behavior we are exhibiting in sitdown? We would come to the table and pass a responsible budget that rec- this body. And if we fail to do what is as grownup Americans, and we would ognizes we are in a frugal era and we necessary for our country at this crit- try to arrive at how to pass a con- need to make sure the American people ical time in our juncture, history will tinuing resolution to fund the govern- know we are on their side. At the same deem us absolutely incompetent. ment that recognizes not only debt but time, the American people need to I yield the floor. that there are certain aspects of the know that many of us are willing to The PRESIDING OFFICER. The Sen- government programs we need to be say if a shutdown comes and Federal ator from Maryland. able to fund. employees get no pay and contractors f My constituents were outraged when get no pay, we get no pay and no back- Wall Street executives got hundreds of pay. THE BUDGET millions of dollars in bonuses. They I will have more to say about this as Ms. MIKULSKI. Mr. President, my should be outraged when, as Members this week unfolds, but before I sit colleague has talked about the disease of Congress, we are going to get paid down, please, lets sit down rather than in Washington, but I want to talk when they do not. shut down.

VerDate Mar 15 2010 00:46 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.026 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE S2110 CONGRESSIONAL RECORD — SENATE April 5, 2011 Mr. President, I suggest the absence prone to it. Therefore, the Constitution has This is not a correct interpretation of a quorum. with studied care given that power to the of the War Powers Act. The War Pow- The PRESIDING OFFICER. The legislature. ers Act does say he needs to notify clerk will call the roll. ‘‘Don’t tread on me’’ was a motto and Congress. But the War Powers Act also The assistant bill clerk proceeded to a rallying cry for our Founding Fa- says the President must meet three call the roll. thers. The motto of Congress appears hurdles before taking our troops into Mr. REID. Mr. President, I ask unan- to be: ‘‘Tread on me, please tread on harm’s way. imous consent that the order for the me.’’ The Congress has become not just No. 1, there should be a declaration quorum call be rescinded. a rubber stamp for an unlimited Presi- of war or there should be an authoriza- The PRESIDING OFFICER. Without dency, but, worse, Congress has become tion of force from this body or there objection, it is so ordered. a doormat to be stepped upon, to be ig- should be imminent danger to the Na- nored, and basically to be treated as ir- f tion. None of those were adhered to. relevant. The law was not adhered to. ORDER OF PROCEDURE Some would say: We had no time. We Some will say: The War Powers Act, Mr. REID. Mr. President, I have had had to go to war. There was no time for no President recognizes it. Well, The a number of conversations over the last debate. When we were attacked in War Powers Act is the law of the land, few days with my new friend, the jun- World War II on December 7, Pearl Har- and the President needs to respect not ior Senator from Kentucky, Mr. PAUL. bor, within 24 hours this body came to- only the statutory law of the land but He feels very strongly about an issue, gether and voted to declare war on the Constitution. I do not think these and he should have the right to talk Japan. There is no excuse for the Sen- are trivial questions. But I am be- about that. ate not to vote on going to war before mused, I am confused, I do not under- I ask unanimous consent that there we go to war. stand why your representatives are not The President had time to go to the be 10 minutes for Senator PAUL to down here debating such a momentous United Nations, have a discussion, and speak prior to my being recognized to event as going to war. a vote. The President had time to go to have the bill called up; that is, the I can think of no vote and no debate the Arab League, have a discussion, small business jobs bill, and that Sen- more important than sending our and a vote. The President had the time ator PAUL be recognized as in morning young men and women to war. It to go to NATO. But the President had business. should be done reluctantly. We should no time to come to the people’s house, The PRESIDING OFFICER. Without go to war only when threatened as a to the Congress, and ask, as the Con- objection, it is so ordered. nation. When engaged in two wars, we stitution dictates, for the approval of Mr. REID. During that morning busi- should debate the prudence of being in- the American people and for the ap- ness time, it will be for debate only by volved in a third war. These are not proval of Congress. Senator PAUL. Why is this important? It is impor- trivial questions. I am amazed this The PRESIDING OFFICER. Without tant because when our Nation was body does not take the time to debate objection, it is so ordered. founded, we were founded as a constitu- whether we should be in Libya. The Senator from Kentucky is recog- tional Republic. We placed limitations Some have said: We will debate it nized. not only on the President but on the next week. The problem is, the debate f Congress. We are supposed to obey the should occur before we go to war. At this point, we will have a vote. We will WAR POWERS ACT Constitution. These are important principles and we have gone beyond have a vote on the President’s own Mr. PAUL. Mr. President, I very that. We have gotten to the point words. much thank the majority leader for al- where my question is, Are we even I will yield for a minute or two for a lowing this important debate to occur. obeying the Constitution in this body? question, if that is OK. I yield to the During his campaign, Candidate Bar- This is a sad day. This is a sad day Senator from Utah. rack Obama said no President should for America. The thing is, we need to The PRESIDING OFFICER. The Sen- unilaterally initiate military conflict have checks and balances. Do we want ator from Utah is recognized. without Congressional authority. I an unlimited Presidency, a Presidency Mr. LEE. Mr. President, what we agree with that statement. It is a very that could take us to war anywhere, have with the situation with Libya pre- important constitutional principle and anytime, without the approval of Con- sents us with a fundamental question, something that I think deserves de- gress? one we have wrestled with for a couple bate. Some have said: We are going to have centuries as a nation. The founding era I think the most important thing we a vote sometime, sometime in the next was a time that was fraught with wars. do as representatives is voting on couple weeks. When we get around to It was a time when we learned that ex- whether to go to war. If Congress does it, we may have a debate about Libya. ecutives sometimes abuse their power. not vote to go to war or does not vote Had the President shown true leader- Sometimes they will take us into wars on the notion of going to war, we would ship, the President would have, when in faraway nations without the support have an unlimited Presidency, and this he called the United Nations, when he of the people, knowing full well it is is a very dangerous notion. called the Arab League, when he called the sons and the daughters of the peo- I would take this position no matter NATO, the President would have called ple on the ground who are asked to what the party affiliation were of the the leadership of the Senate and the make the ultimate sacrifice in those President because I believe very leadership of the House, and we would battles. strongly in the constitutional checks have been here within 24 hours, having We channeled the war power in the and balances. We will vote today on the what should be the most momentous Constitution so as to make sure these President’s own words verbatim. Dur- debate this body ever has on sending debates would always come to the fore- ing the election, the President said: our young brave men and women to front, that they would always be ‘‘The President does not have power war. brought up by the elected representa- under the Constitution to unilaterally We are currently engaged in two tives of the people in Congress. For authorize a military attack in a situa- wars, and we are now going to be en- that reason, although we give power to tion that does not involve stopping an gaged in a third war. The interesting the President to be the Commander in actual or imminent threat to the Na- point is, when we went into Iraq and Chief in article II of the Constitution, tion.’’ Afghanistan, we had votes in this body. in article I of the Constitution, we re- Clearly, the circumstances in Libya President Bush came to Congress and serve that power, the power to declare do not rise to this, and I think this there were votes. war, to Congress. vote is incredibly important. Madison The War Powers Act—some on the This is how we guarantee that the wrote that: other side say: This is no big deal. The people’s voice will be heard and that The Constitution supposes what history President can do whatever he wants as people’s sons and their daughters will demonstrates. That the executive is the long as he notifies Congress within a not be sent off to war without some branch most interested in war and most certain period of time. public debate and discussion by those

VerDate Mar 15 2010 00:46 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.028 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE April 5, 2011 CONGRESSIONAL RECORD — SENATE S2111 who have been duly elected by the peo- the United States until there is final resolu- have ordered the use of military force ple and stand accountable to the peo- tion in pending lawsuits. to protect U.S. interests, but where ple. Coburn amendment No. 184, to provide a such actions would not have met the We have, over time, clarified the in- list of programs administered by every Fed- eral department and agency. standards of the Paul amendment. tent. We have made clear there are cer- Pryor amendment No. 229, to establish the I urge my colleagues to vote to table tain steps that have to be taken. We Patriot Express Loan Program under which this amendment. have also made clear that although the Small Business Administration may Mr. REID. Mr. President, it is my un- there is, to be sure, a certain unknown make loans to members of the military com- derstanding that the Paul amendment continuum, a continuum that can be munity wanting to start or expand small is the pending business; is that right? hard to define in every circumstance, business concerns. The PRESIDING OFFICER (Mr. between the President’s plenary au- Landrieu amendment No. 244 (to amend- FRANKEN). The motion to commit by ment No. 183), to change the enactment date. Senator PAUL is pending. thority as Commander in Chief, on the Paul motion to commit the bill to the one hand, and Congress’s power to de- Committee on Foreign Relations with in- Mr. REID. I move to table that and clare war on the other, there does come structions to report the same back to the ask for the yeas and nays. a point at which we can recognize that Senate forthwith with Paul amendment No. The PRESIDING OFFICER. Is there a we are at war and that some authoriza- 276 (to the instructions on Paul motion to sufficient second? There is a sufficient tion is required by Congress. commit the bill), of a perfecting nature. second. This very body, Congress, has, Mr. LEVIN. Mr. President, I rise to The yeas and nays are ordered. through the war powers resolution, at- oppose the Paul amendment on the The question is on agreeing to the tempted to distill some of these prin- President’s constitutional authority to motion. order the use of military force. This The clerk will call the roll. ciples. In section 1541 of the War Pow- The bill clerk called the roll. amendment is flawed because it doesn’t ers Act—it is found at 50 United States The result was announced—yeas 90, allow the President to respond mili- Code section 1541—we are told there are nays 10, as follows: circumstances, three circumstances to tarily to a completed attack and only [Rollcall Vote No. 50 Leg.] be precise— allows action to stop an actual or im- YEAS—90 The PRESIDING OFFICER. The Sen- minent threat to the Nation. ator’s time has expired. The amendment would in effect make Akaka Feinstein Menendez Alexander Franken Merkley Mr. REID. Mr. President, first of all, it illegal for the President to unilater- Ayotte Gillibrand Mikulski I wish to express my appreciation to ally order the use of military force to Barrasso Graham Murkowski the Senator from Kentucky. He is a protect U.S. interests except only in Baucus Grassley Murray situations that involve preventing an Begich Hagan Nelson (NE) gentleman. I know how sincere he feels Bennet Harkin Nelson (FL) about this issue. I admire him for feel- actual threat to the United States or Bingaman Hatch Portman ing sincerely about issues, as he does an imminent threat to the United Blumenthal Hoeven Pryor on a number of them. States. Blunt Hutchison Reed Boozman Inhofe Reid It has been good for me to get to Numerous Presidential decisions to Boxer Inouye Risch know him better during the last 4 or 5 order the use of military force over the Brown (MA) Isakson Roberts days. last 30 years would not meet the stand- Brown (OH) Johanns Rockefeller ard of the Paul amendment. Burr Johnson (SD) Rubio I ask for the clerk to report the pend- Cantwell Kerry Sanders ing business. For example, under the Paul amend- Cardin Kirk Schumer f ment President Ronald Reagan would Carper Klobuchar Shaheen have acted illegally in 1983 when he Casey Kohl Shelby SBIR/STTR REAUTHORIZATION ACT unilaterally ordered the invasion of Chambliss Kyl Stabenow OF 2011—Resumed Coats Landrieu Tester Grenada, which did not involve an ‘‘ac- Coburn Lautenberg Thune The PRESIDING OFFICER. The tual’’ or ‘‘imminent’’ threat against Cochran Leahy Udall (CO) clerk will report the pending business. the United States from Grenada. Conrad Levin Udall (NM) Coons Lieberman Vitter The bill clerk read as follows: Similarly President George H.W. Corker Lugar Warner A bill (S. 493) to reauthorize and improve Bush would have acted illegally under Cornyn Manchin Webb the SBIR and STTR programs, and for other the Paul amendment when he ordered Crapo McCain Whitehouse purposes. the 1989 invasion of Panama. President Durbin McCaskill Wicker Enzi McConnell Wyden Pending: Bush justified the Panama invasion NAYS—10 McConnell amendment No. 183, to prohibit based on protecting the lives of U.S. the Administrator of the Environmental citizens, defending democracy and Collins Lee Snowe human rights in Panama, and coun- DeMint Moran Toomey Protection Agency from promulgating any Ensign Paul regulation concerning, taking action relat- tering drug trafficking, not on an ‘‘ac- Johnson (WI) Sessions ing to or taking into consideration the emis- tual or imminent threat to the na- The motion was agreed to. sion of a greenhouse gas to address climate tion.’’ change. Mr. MCCONNELL. Mr. President, I Also, President Reagan’s ordering move to reconsider the vote, and I Vitter amendment No. 178, to require the airstrikes against Libya in 1986, 11 days Federal Government to sell off unused Fed- move to lay that motion on the table. eral real property. after Libyan terrorist agents bombed The motion to lay on the table was Inhofe (for Johanns) amendment No. 161, to the LaBelle discotheque and killed or agreed to. amend the Internal Revenue Code of 1986 to wounded over 100 U.S. soldiers, might The PRESIDING OFFICER. The Sen- repeal the expansion of information report- have been illegal under the Paul ator from Louisiana. ing requirements to payments made to cor- amendment. The President’s response f porations, payments for property and other to Libya’s sponsorship of terrorism ar- gross proceeds, and rental property expense guably would not have met the stand- MORNING BUSINESS payments. Cornyn amendment No. 186, to establish a ard of ‘‘stopping an actual or imminent Ms. LANDRIEU. Mr. President, I ask bipartisan commission for the purpose of im- threat to the nation’’ because the trag- unanimous consent that the Senate proving oversight and eliminating wasteful ic act of terrorism had already hap- proceed to a period of morning busi- government spending. pened days earlier. ness, with Senators permitted to speak Paul amendment No. 199, to cut Finally, according to this amend- therein for up to 10 minutes each. $200,000,000,000 in spending in fiscal year 2011. ment, President Obama acted beyond The PRESIDING OFFICER. Without Sanders amendment No. 207, to establish a his constitutional authority when he objection, it is so ordered. point of order against any efforts to reduce authorized the use of deadly force by Ms. LANDRIEU. I suggest the ab- benefits paid to Social Security recipients, Navy SEALs to rescue Captain Richard raise the retirement age or create private re- sence of a quorum. tirement accounts under title II of the Social Phillips from Somali pirates on April The PRESIDING OFFICER. The Security Act. 10, 2010. clerk will call the roll. Hutchison amendment No. 197, to delay the There are numerous other examples The bill clerk proceeded to call the implementation of the health reform law in over the past decades when Presidents roll.

VerDate Mar 15 2010 02:50 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.030 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE S2112 CONGRESSIONAL RECORD — SENATE April 5, 2011 Mr. MCCONNELL. Mr. President, I ety. This tea party budget is an un- publicans secured in December will ask unanimous consent that the order precedented assault on the middle- add, according to CBO, $354 billion to for the quorum call be rescinded. class and working Americans. It would the deficit just this year and even more The PRESIDING OFFICER. Without drive down our American standard of next year. objection, it is so ordered. living, shred the economic safety net, Early this year House Republicans f reduce access to health care and higher voted to repeal the health reform law education, and do grave damage to our which would add $210 billion to the def- LIBYA public schools and our ability to pre- icit over the next decade and over $1 Mr. MCCONNELL. Mr. President, just pare the next generation for the jobs of trillion in the decade to follow. Now, a brief observation about the vote we the future. again, that is the savings CBO said just had. I would say to our colleague Let’s be clear. This is not about re- would come about because of the from Kentucky, Senator PAUL, the ducing budget deficits. Republican health reform bill we passed. Yet these issue of the American effort in Libya is Governors and Republicans in Congress same Republican politicians in the a legitimate discussion for debate, I are demanding budget cuts for the mid- House and around the country are think a legitimate issue for debate. dle class. At the same time, they con- claiming to be worried about the def- That is a debate we need to have, and tinue to push for tax cuts for large cor- icit. I will be talking to the majority leader porations and the wealthy. So call it Well, I think this demagoguery is not about the appropriate time to do that. what it is. Republicans are waging a fooling anyone any longer. It is not A number of Senators are talking class warfare in America. Republican about deficit reduction; it is about ide- among themselves on a bipartisan basis Governors have the gall to attack ology. Republicans are taking a meat about what kind of resolution would be teachers and firefighters, police offi- ax to programs for the middle class— appropriate, and certainly the Senate cers, and other public employees. everything from cancer research to speaking on this issue is something we In the words of Indiana Governor Pell grants to health care. They are need to do in the very near future. Daniels, he called them ‘‘the privileged gutting the safety net started and built I yield the floor and suggest the ab- elite.’’ Think about that. Our teachers, up over generations, starting with sence of a quorum. our firefighters, prison guards, and oth- President Franklin Roosevelt. It is the The PRESIDING OFFICER. The ers who are public union members are same old Republican game plan: give clerk will call the roll. the privileged elite in our society ac- huge, unaffordable tax cuts to the The assistant legislative clerk pro- cording to Governor Daniels. wealthy and give budget cuts to the ceeded to call the roll. Why are they the privileged elite? middle class and the most vulnerable Mr. HARKIN. Mr. President, I ask Well, I guess because they actually in our society, including seniors and unanimous consent that the order for have pensions. They actually have ac- people with disabilities. the quorum call be rescinded. cess to decent health care, and they are This new tea party Republican budg- The PRESIDING OFFICER. Without making decent wages with decent et proposal gives new meaning to the objection, it is so ordered. working conditions. That is the privi- word ‘‘extreme.’’ f leged elite. I guess now the middle Look at what they have proposed. class are people who are working for The new budget that has just come out BUDGET DIFFERENCES minimum wage at McDonald’s, with no on the House side would basically Mr. HARKIN. Mr. President, the re- health care, no pensions, no retire- eliminate Medicare as we know it. It sponsible leaders in Washington are ment, and not enough to support their would create a new voucher program working hard to find a compromise to families. I guess that is the new middle with seniors in the future paying out of fund the government through the end class in America, but the privileged pocket for many lifesaving health care of the year. Regrettably, however, elite are those who have pensions, ac- costs. Estimates are that this would many Republicans in the House— cess to health care, and decent wages. raise premiums and cut benefits of over spurred on by tea party radicals—are This is the worst kind of dema- 25 million seniors. still threatening to throw a temper goguery against loyal and hard-work- It is a massive giveaway to private tantrum and shut down the govern- ing public servants, our friends, and insurers, a system that CBO—the Con- ment if they don’t get all of their de- our neighbors. We shouldn’t be drag- gressional Budget Office—tells us is mands. This morning, the Washington ging people down because they have a much more expensive and, we know, Post reports that Speaker JOHN middle-class life. We should be working less efficient than Medicare. By design BOEHNER received an ovation from the every day to give every American that these vouchers would not keep up with Republican caucus when he told them opportunity. rising health care costs, so they would he had directed the House Administra- Meanwhile, as the Republicans at the lose value every year with seniors pay- tion Committee to prepare for a shut- State and national level go after the ing the difference or ending up unin- down, as Congressman MIKE PENCE, health care, retirement, and security of sured. Again, the assault on Medicare former head of the Republican Policy middle-class Americans, they are going is a transfer of wealth from the middle Committee, shouted at a tea party all out to pass more tax cuts for the class to insurance companies and their rally last week, ‘‘Shut it down!’’ wealthy. The Republican Governor in shareholders, their stockholders. So it seems what we are confronting Michigan called for a $1.8 billion cut in The House budget would reopen the is kind of a monolithic House driven by corporate taxes. Wisconsin Governor prescription drug doughnut hole re- the tea party vigilantes, as I refer to Walker has called for $200 million in quiring seniors to pay $3,600 a year them, to brook no compromise. They cuts. In Congress, just a few months more for prescription drugs. They pro- want it all their way or they are going ago, in December, Republicans de- pose to block grant Medicaid and cut $1 to shut down the government. manded and got hundreds of billions of trillion in health care services which Republicans are seizing on the budget dollars in new tax cuts largely, again, would end vital services that seniors crisis as a pretext for ramming through for the wealthy. and disabled Americans depend on such their longstanding ideological wishes. Now, House Republicans—the tea as coverage for nursing homes or home In Iowa, Wisconsin, Ohio, and else- party-driven House Republicans—are health agencies by shifting the cost to where Republicans are using the budg- demanding we reduce the top tax rate the States. This would worsen State et crisis as the pretext for an assault for high earners. Get this, reduce the budget deficits and lead to higher prop- on public sector unions and their hard- top tax rate for high earners from 35 erty taxes. Seventeen Governors sent a working teachers, firefighters, prison percent down to 25 percent, preserving letter to congressional leaders oppos- guards, and others. On Capitol Hill Re- every penny of the tax breaks given to ing this, saying it would shift costs and publicans are using this crisis to try to the wealthy back in 2001. All of these risks to States. States would be forced defund health care reform, to gut Medi- tax cut proposals will make deficits far to bear all costs after hitting the an- care and Medicaid and Social Security, worse. So, again, this whole battle we nual cap just as the baby boom genera- and, yes, to cut tax rates even more are talking about is not about deficits. tion is entering the retirement years deeply for the wealthiest in our soci- Indeed, the tax cuts congressional Re- with likely steep increases in their

VerDate Mar 15 2010 00:46 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.033 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE April 5, 2011 CONGRESSIONAL RECORD — SENATE S2113 health care and long-term care costs. percent. The average person working they able to build up a middle-class The ensuing funding shortfall would around here—the police we see here, nest egg? Did they have decent retire- leave States with an untenable choice the janitors, the food service workers, ment and health care? No. But they between increasing taxes, cutting other and others in the Capitol—do you know had a job. Is that all we are after is State programs or cutting eligibility, what they pay? They are probably pay- just a job? It seems to me that we are benefits or provider payments. ing 29, 30 percent of their income in after jobs that pay decent wages, with That is a letter 17 Governors sent to taxes. But the 400 highest income earn- decent working conditions, and allow the President. ers only paid 16.7 percent. We wonder people to have time with their kids and I remind my colleagues that Repub- why people think things aren’t quite their families. licans complained bitterly in the last on the up and up or quite fair. What is wrong with having a job that Congress when we approved support for Do you detect people who are just has a decent wage and decent working the States to maintain health pro- kind of feeling uneasy about where this conditions and you get to take a decent grams for the poor in the recent reces- country is headed? People are pro- vacation and you have health care cov- sion—a level of support the Repub- foundly anxious about the future, but erage and you have a pension for your licans are now trying to slash in the look at what the House Republicans old age? What is wrong with that kind States. The House budget would put fu- are doing. They are going to make it of a job? These are the kinds of jobs we ture seniors in the same budget fight, worse on the middle class. People are want for Americans—not just a job. and the Republican budget proposal worried they will not be able to have a But the Republican philosophy seems doesn’t stop at dismantling the safety decent house or enough food for their to be just a job. Forget about the pen- net and programs that the seniors rely families or pay for their kids’ college sion and your standard of living, just on for a secure retirement. It makes education. People are working harder, be thankful that you have a minimum- profound and destructive cuts to the and they don’t even take vacations any wage job. That is where this Repub- entire range of programs that underpin longer because they can’t afford it. lican budget is driving us. the American middle-class standard of If we learned anything from the great I could not help but think about this living—everything from education, stu- recession, it is that most families, even in terms of what is happening in the dent grants, loans, law enforcement, though solidly in the middle class, are world—in Libya and what happened in clean air and clean water, food safety, one pink slip away from economic ca- Egypt and in Syria and in Yemen and biomedical research, highways, tastrophe. Everybody keeps talking what is happening in other places bridges, and other infrastructure—in about a recovery. Many of our friends around the globe. When stripped away short, all the programs and services and neighbors aren’t seeing that. Cor- from all of it, it seems to me that in all Americans rely on for a decent way of porate America is sitting on over $1 these countries, people are saying we life. trillion in cash, while 14 million Amer- have had enough of a system where a The Republican assault on the middle icans are out of work. That is just the few at the top get everything and no- class is breathtaking, both in the scope official number. That is not counting body else gets anything and we are all and in its depth. It cannot come at a another 15 million who are under- at the bottom. In so many of these worse time for working Americans, employed or who have quit looking for countries, these revolutions are going who are already under enormous strain jobs because they have been shut out of on so people can have a more decent and fear that the American dream is the job market. life, a better share, if you will, of the slipping away. This doesn’t look like a real recovery products of their own society. So they It is no secret people are working to me. It is a repeat of the last reces- are going in the direction of trying to longer and harder than ever before, but sion, when the recovery went to the establish a better middle class, a they still can’t meet the cost of basic, wealthiest and the working people were stronger middle class. everyday needs such as education, left behind. Republicans have proposed What are we doing in America, the transportation, housing, and health a budget that will destroy the middle bastion of middle-class virtues. We are care, let alone put away enough money class in this country. That is what the going in the other direction. We are de- to support themselves in old age. Republican budget is about. stroying the middle class, taking away Even before the great recession, dur- Many Republicans apparently believe the kinds of livelihoods that built the ing boom times, working people that as public sector workers and oth- middle class. That is what this is weren’t sharing in our Nation’s pros- ers lose their jobs, it will be somehow about. The future of our Nation de- perity. Real wages peaked in the 1970s, good for the economy. Two weeks ago, pends on our ability to ensure that the and they have not moved since. Think the Republican staff on the Joint Eco- benefits from economic growth are about this. Real wages, accounting for nomic Committee released a report ar- widely shared. That means putting inflation, are about where they were in guing that widespread layoffs would ac- policies into place that build a strong 1979. Think about that. The middle tually increase jobs. How about that and vibrant middle class, with good class in America has not made any for funny reasoning? jobs, fair wages, and good benefits. headway since 1979. We wonder why As Nobel Prize-winning economist That is the America I want to see, one people are upset. They see the middle Paul Krugman pointed out, this is a where people who work hard and play class way of life slipping away from throwback to the thinking of Depres- by the rules can have a decent life. them and their children. sion-era Treasury Secretary Andrew Tragically, the tea party budget plan I don’t think we can say the wealthi- Mellon, the idea that by driving down would take us in exactly the opposite est 400 or 500 people in America are at wages and benefits, we will increase direction. It would gut the whole range the same place they were in 1979—not employment. This is now ‘‘the official of programs that support the middle at all. In fact, in the mid-1970s, the top doctrine of the GOP,’’ he points out. If class in our country. It would dis- 1 percent of Americans, in terms of we drive down wages and benefits, we mantle the safety net that has been wealth, had about $8 trillion in assets. will somehow increase employment. I built for seniors, those with disabilities Today, that same 1 percent has over $40 suppose we could. I suppose if we got and the low income—a safety net cre- trillion in assets. It is not the same as everybody down to working for $1 an ated under President Roosevelt and has where they were in 1979. hour, there might be a lot of jobs out been strengthened since. The top 1 percent has seen their in- there. The Republican tea party budget is come soar. Last Friday, our colleague The idea is not a job. It is not just built on bad priorities, bad policies, from Rhode Island, Senator WHITE- having someone work. The idea is to and just plain bad values. HOUSE, was on the floor, and he had have a good job. I have pointed out in As columnist E.J. Dionne points out, some very startling statistics. He speeches in the past that, when we Americans can now see ‘‘how radical pointed out that the 400 highest income think about it, in our sordid history of the new conservatives in Washington earners in America earn an average of America, every slave had a job. Think are, and the extent to which some poli- $344 million a year. Got that? They about that. Every slave had a job. Were ticians would transfer even more re- earn an average of $344 million a year, they free? Were they happy? Did they sources from the have-nots and the and they paid an effective tax of 16.7 keep their families together? Were have-a-littles to the have-a-lots.’’

VerDate Mar 15 2010 02:50 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.035 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE S2114 CONGRESSIONAL RECORD — SENATE April 5, 2011 I don’t believe the American people shutdown is appropriate, but it was an Californians would lose their health will stand for this unwise, unbalanced, honest response. That is what they care if they went to community health unfair assault on their economic secu- want. One has to ask why. Why do they care centers. Twelve centers would rity and their way of life. We must want this? Because they want to cut close. Why on Earth would anyone stand strong and oppose these grossly $100 billion from the President’s budg- want to do it? They want to do it. We misguided proposals in every way we et, when Democrats have already can figure out other ways to get to possibly can. This is a battle that is agreed to meet them with $73 billion in those cuts. There are other ways to do joined and we cannot be faint of heart cuts? it. or weak in spirit. We must stand There are three parties to these nego- What amazes me is that Democrats strong for middle-class values and what tiations: the President, who is a Demo- are the ones who balanced the budget allowed America to become a strong crat; the Senate, which is Democratic; with Bill Clinton. We took deficits as middle-class nation. I believe the and the House, which is Republican. far as the eye could see and turned American people are definitely on our Since when does one-third represent a them around, balanced the budget, and side in this battle. majority? Since when is one-third al- created surpluses. Now we are being I yield the floor and suggest the ab- lowed to say: My way or the highway? lectured that if we do not do it the sence of a quorum. Apparently, that is what they are exact way our friends want, which is to The PRESIDING OFFICER. The doing. hurt children and education and envi- clerk will call the roll. They put H.R. 1 before the House ronmental protection and, by the way, The assistant legislative clerk pro- that has all these cuts—but not just safety issues, such as making sure our ceeded to call the roll. cuts, political vendettas attached, such airplanes do not develop holes in them, Mrs. BOXER. Madam President, I ask as zeroing out funds for Planned Par- an important point, they go after all of unanimous consent that the order for enthood. Nothing to do with abortion this. the quorum call be rescinded. funding because we cannot use Federal There are cuts to afterschool pro- The ACTING PRESIDENT pro tem- funds for that, but the other work of grams. That breaks my heart because I pore. Without objection, it is so or- Planned Parenthood in preventing un- know 11,000 kids in California would be dered. wanted pregnancies, the work they do shut out. We all know kids need help Mrs. BOXER. Madam President, what to ensure people can have contracep- after school. If they are alone, they get is the order? tion, the work they do to make sure in trouble. If they get in trouble, it The ACTING PRESIDENT pro tem- there is not a spread of communicable costs us money. These cuts are ridicu- pore. The Senate is in morning busi- diseases sexually transmitted. The lous. ness. We can sit together and work to- work they do—and, yes, no matter Mrs. BOXER. Is there any time limit gether and do it in a much more fair what the rightwing says, to do breast on Senators? way, if people pay their fair share. If cancer screenings. The ACTING PRESIDENT pro tem- everybody takes a little bit of a nick, There was a big article in the paper: pore. Ten minutes. we can get there. We have shown them Senator BOXER is spreading a big lie Mrs. BOXER. I ask unanimous con- how to get to $73 billion worth of cuts. that Planned Parenthood does breast sent that I be given an additional 10 That is just for the next 6 months. cancer screenings. They do breast can- minutes. They are demanding $100 billion, their cer screenings. Although, I understand, The ACTING PRESIDENT pro tem- way or the highway. This is a ridicu- one of their clinics does mammograms, pore. Without objection, it is so or- lous situation to be in. dered. they definitely say to someone, if they I am going to say again, if you con- Mrs. BOXER. Madam President, I find a suspicious lump in that breast trol one-third of the power in this trio come to the floor to talk about the pos- cancer screening, they will help people where you have the President is a sibility of a government shutdown and get the help they need. third, the Senate is a third, and the to say that such an alternative will be They do Pap smears. They make sure House is a third, and you are in the very hurtful for the people of this they talk about the dangerous spread House and you are the only one run by country. I was here when the govern- of HIV/AIDS. Five million people go to the Republicans, by what measure do ment was shut down before by another those clinics. They want to shut them you have the right to say my way or Republican Speaker, and I can tell you down. the highway? I don’t think the Amer- that my small businesspeople around They want to shut down title X—the ican people would think that is right. Yosemite National Park, for example, whole program—which is family plan- They want us to work together and who count on tourism still remember ning. On the one side, they do not want that is the message of the President. the sting of losing over $200 million be- abortions. Nobody does. On the other I have to tell you, this budget by the cause people had to cancel their trips. side, they turn their backs on family Republicans, H.R. 1, that we voted That is one example. planning. This does not make sense. down here, would lead to nearly 900 I know Superfund site cleanups were That is what was in H.R. 1. fewer Border Patrol agents nationwide. halted in their tracks. We had issues at Also, in my State, $700 million would Everyone wants to make sure our bor- the borders. We had a whole series of have been cut in Pell grants, which der is safe. Nine hundred would be problems. It seems to me it is a reck- meant 1 million California students gone. How about a $1.3 billion cut in less way to go, but it also seems to me who rely on these grants could no the National Institutes of Health, the House Republicans want us to have longer rely on them and, therefore, working as they are to develop new a government shutdown. would have to drop out of college. That treatments and cures for cancer and Why do I say that? I say that because is what was in H.R. 1. That is what Alzheimer’s? If you ask the average Republicans gave the Speaker of the they want us to accept. family what they fear, they will men- House an ovation when he informed Head Start—everybody knows Head tion we fear that somebody in our fam- them ‘‘to begin preparing for a possible Start. It is a success story. The fact is, ily is going to suffer from one of these shutdown.’’ An ovation. I would hope H.R. 1 would slash it by $1.1 billion and diseases. we would reserve our ovations for our would lay off 55,000 teachers and staff It is outrageous. They are going to leaders when they tell us that because and more than 218,000 low-income chil- kill an Energy Department loan pro- of our work in funding the National In- dren would be cut from the program. In gram when we know we cannot be de- stitutes of Health, we now have a cure my State, 24,000 low-income kids would pendent on foreign oil. We need to find for cancer. I would like to have an ova- lose access to Head Start. They are those alternatives. Energy research tion about that. doing all this while they are giving and development is slashed by almost I would like to have an ovation for huge tax breaks to the billionaires. It $2 billion. Transportation infrastruc- our firefighters and our first respond- is wrong. ture is slashed. There are Draconian ers who are brave every single day. I They would cut community health cuts at the Environmental Protection would like to have an ovation for them. care centers—457,000 Californians. That Agency. I do not think having an ovation be- is a big number. There are some States And then all these riders. There are a cause we might have a government that have fewer than that. But 457,000 whole bunch of them, as I know you

VerDate Mar 15 2010 00:46 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.035 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE April 5, 2011 CONGRESSIONAL RECORD — SENATE S2115 are aware, on the Environmental Pro- even pass the smell test, the laugh I am going to keep coming to this tection site. Here is the irony. The Re- test, and they have embedded in it ‘‘no floor, 36 days, 37, 38, 39, 40—this is just publicans want to destroy the EPA, budget, no pay.’’ So, big surprise, we plain wrong. which was created by Richard Nixon, a are not going to pass it over here in I want to say who has signed our let- Republican President. Former Admin- that form. ter. You can see it is a good selection istrators of the EPA Ruckelshaus and I am saying this is a maneuver, and a of the caucus, from liberal to conserv- Whitman wrote a beautiful op-ed in the little dance by Speaker BOEHNER and ative: JOE MANCHIN, CLAIRE Washington Post—I believe it was the ERIC CANTOR, who is the leader over MCCASKILL, MICHAEL BENNET, BEN NEL- Washington Post, or the Times, I am there, to make it look as though they SON, BOB MENENDEZ, DEBBIE STABENOW, not sure which—in which they clearly are not for them getting their pay but JAY ROCKEFELLER, KAY HAGAN, JEFF say this is a bipartisan matter. Yet the to do nothing about it. MERKLEY, RON WYDEN, MARK WARNER, Republicans, in H.R. 1, want to stop the Let me tell you what I have done. I SHERROD BROWN, TOM HARKIN, CHRIS EPA from enforcing the clean air law, have written a letter. It has many col- COONS, JON TESTER, SHELDON which will make our skies dirtier. Our leagues on it. I will read the letter. We WHITEHOUSE, and Senator MIKULSKI kids will get asthma, premature are sending it by the end of business and Senator BEGICH. Myself and Sen- deaths, and all the rest. Big surprise, tonight. ator CASEY are the first two names be- we voted it down here. It only got 44 Dear Speaker BOEHNER: cause it happens to be our bill. It is the votes. It is radical. We can meet them We write to discuss a meeting with you to Boxer-Casey bill. way more than halfway—we already discuss House passage of S. 388, legislation to In closing, I want to spread the word have—without hurting our people and prohibit Members of Congress and the Presi- from here over to the House side that still getting the budget cuts we need. dent to prevent any Members of Congress we are serious, those of us who signed I am here to say it has now been 35 from receiving pay. Over 1 month has passed this letter. We are keeping this issue in days, 35 days since the Senate passed S. since the Senate unanimously passed our front of the American people because I bill. Despite written requests for immediate assure you, if you walked out and 388. What is S. 388? S. 388 says, if there House consideration, you have failed to is a shutdown, Members of Congress schedule a vote on stand-alone legislation asked anyone who happened to be and the President will not receive their that would treat Members of Congress and walking down the street who was not pay. Why do I think this is important? the President no differently from other Fed- involved here, who didn’t work for the Because most people do not know that, eral employees during a shutdown. Our bill is Federal Government, and you said this: although our staffs will not get paid, simple. If we cannot do our work and keep In case of a shutdown because the two although many Federal employees will the Government functioning, we should not sides fail to negotiate an agreement, not get paid, Members of Congress have receive a paycheck. If we can’t compromise the only people who are assured of and meet each other halfway, then we should their pay would be Members of Con- a special protection built in because we not get paid. are paid under a statute and so is the gress and the President, what do you President. So 35 days ago we sent over As we noted in a previous letter, think? I think the average person to the House a very simple bill. It said while appearing on the CNN program would say that is wrong; they should if there is a shutdown, basically that ‘‘Crossfire’’ in 1995, Mr. BOEHNER of- pay a price. This is a basic function of means failure on our part to keep the fered his support for a bill identical to theirs, to keep this government run- Government going—what could be S. 388, so it is unclear why he has not ning, to keep this country going. more basic than that—we should not scheduled a vote on stand-alone legis- I could tell, because I remember the get paid and we should not get paid lation. Embedding ‘‘no budget, no pay’’ last one, the pain and the hurt from retroactively. Our colleagues over in a bill that has no chance of passage people who wanted to get on Social Se- there have taken no action. isn’t fooling anybody. We request a curity, to veterans who trying to figure If you ask them, they will say: Yes, meeting with Speaker BOEHNER as soon out their disability payments, frankly we did, we put that in another bill and as possible, whether in person or via to everyone who calls your office or my passed it. You know what the other bill conference call, to discuss how we can office in deep trouble because they are is? The other bill is an illegal bill. The work together to immediately send having problems with a Federal agen- other bill would make our Founders this legislation to the President. cy, they need the help of a Federal roll over in their graves. This is what Here is a bill that passed here with- agency, they want to make sure to get the bill they embedded ‘‘no budget, no out a dissenting vote. It is basically 100 their Medicare taken care of, their So- pay’’ in says. Follow me—and I espe- to nothing. In a time when we cannot cial Security taken care of, or they are cially hope the young people listening agree on the color of that wall, we contractors who have private employ- to this debate will follow me because agreed to pass this ‘‘no budget, no pay’’ ees and they are fixing the road or fix- you have learned how a bill becomes a legislation. But Speaker BOEHNER, who ing a bridge. This is wrong. law. got a standing ovation—maybe it was a We are trying to find out exactly who It goes through a committee usually. sitting ovation; it didn’t say standing would be affected, but I can tell you It doesn’t have to. It goes to one House, ovation—but he got an ovation for right now is not the time to lose, for they pass it; the other House passes it; talking about preparing for a shut- example, inspectors who are inspecting so you get the House and the Senate, down, has not done one thing to make the safety of our aircraft. I hope they and then it goes to the President. He sure his Members and he do not get would stay on, but we do not know. either signs it or vetoes it. If he signs paid in case of a shutdown. What about those who are inspecting it, it is law. If it is vetoed, two-thirds I think it is appalling. It is embar- our nuclear powerplants? You know, can override it. rassing. I am stunned. The reason I am we have 23 reactors that are the same Guess what, they put ‘‘no budget, no pressing this is I believe that people exact reactor as the ones that have pay’’ into a bill that says the fol- should be treated equally. I believe these problems in Japan. We don’t lowing: If the Senate has not acted by that if they are cavalierly applauding want to stop those inspections; they a date certain on H.R. 1, this horrible and giving an ovation to Speaker have to move forward. We don’t want bill that I talked to you about, that BOEHNER when he talks about planning to have the USGS; that is, the U.S. Ge- bill will have been deemed to be the for a shutdown, I believe they want a ological Survey, close down in the mid- law. It is a new deal: ‘‘we deem.’’ In shutdown and they have no skin in the dle of making new earthquake maps. I other words: I have 20 bills that I have game. They pay no price. They get care about this a lot. I have two nu- introduced, today I deem them law. I paid. clear powerplants that are on or near have some great bills. One is a Violence We had one of them over there com- earthquake faults. Against Children Act, very important. plaining he didn’t get paid enough I say to my friends on the other side, Another would help many of my trans- money. He gets paid over $170,000. It I know my message is not pretty to portation folks. I deem them all law. wasn’t enough money. Sorry, boo-hoo. you. It is not pretty to say you don’t How is that legal? It is illegal. They There are people in this government deserve to get paid in case of a shut- are saying if we do not act on H.R. 1, who get paid $60,000, $40,000, $30,000, and down, but that is my message. Once again, it is deemed the law. It doesn’t they are not going to get paid. Sorry. the American people wake up to this,

VerDate Mar 15 2010 00:46 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.037 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE S2116 CONGRESSIONAL RECORD — SENATE April 5, 2011 that we are getting paid but our staffs tion, commitment, and teamwork can Auriemma and to the players on the are not getting paid, I think there is achieve. Honestly, I tip my hat to UConn Lady Huskies, who also made us going to be an outcry. So I ask the these ‘‘top dogs’’ today of college bas- proud. Speaker on behalf of all those col- ketball. I am going to yield the floor in a leagues whose names I read to take up Of course, in my opinion, no matter minute to my colleague, Senator S. 388 without delay. It is sitting at the how good and how much potential the BLUMENTHAL. It strikes me that this is desk. What does it say? Members of players on this UConn men’s basketball the first time I have had the chance to Congress and the President should not team had, they simply could not have celebrate here when my former col- be paid in case of a shutdown. done it without their great coach and a league, Senator Chris Dodd, is not That is pretty simple. great man, Jim Calhoun. This is not here. The first time we celebrated to- I know my colleagues are on the Sen- the first time I have had the honor to gether on the floor, I ended my re- ate floor. Let me guess, Senator come to the Senate floor to commend marks with the UConn cheer. After- BLUMENTHAL and Senator LIEBERMAN, the performance of Coach Calhoun and ward, Senator Dodd, then the senior might you be here to discuss what hap- the UConn Huskies. In fact, with last Senator, gave me a hard time as to pened last night? And I am going to— night’s victory, Jim has etched his whether I would make a good cheer- since my remarks were not happy, I am name in basketball glory by winning leader and whether it was a decorous happy to give up the floor at this time his third national title. He becomes thing to do on the floor of the Senate. and listen to their remarks. I congratu- only the fifth coach in history to win I told him at the time that it could late both of them on a great victory. three national championships, and he have been worse—I could have just I yield the floor. joins the ranks of other greats such as done the UConn Huskies’ ‘‘woof.’’ The ACTING PRESIDENT pro tem- John Wooden and Coach K, Mike But now I am the senior Senator, and pore. The Senator from Connecticut. Krzyzewski. He is only one of 8 coaches may I conclude by simply saying U-C- f to run up over 800 career wins. O-N-N, UConn, UConn, UConn. Na- Over the years, I have watched Jim tional champs. I know my ending needs CONGRATULATING THE UNIVER- build upon the athletic program at a little work, and I will be working on SITY OF CONNECTICUT BASKET- UConn, transforming it from an occa- that from now until next year when we BALL TEAMS sionally regional contender to a reg- hopefully secure another champion- Mr. LIEBERMAN. Madam President, ular national powerhouse. His three na- ship. I thank the Chair, and I thank my tional championships and seven Big I yield the floor to Senator friend from California. One might say, East championships have put our team, BLUMENTHAL. in the context of the debates going on the State team of a relatively small The ACTING PRESIDENT pro tem- in Congress now, that Senator State, on the college basketball map pore. The Senator from Connecticut. BLUMENTHAL and I have come to the and set a high standard of excellence. I Mr. BLUMENTHAL. I thank the sen- floor of the Senate to talk about a gov- think none of this would have hap- ior Senator from Connecticut for that ernmental program that really works, pened without Coach Calhoun’s vision, very eloquent tribute to our team. I am that has inspired an entire State, per- his drive, his caring for players, and his not going to try to match the cheer haps a nation. I speak, of course, of the extraordinary basketball brains. this year but perhaps next. And I thank University of Connecticut baseball pro- There is a larger lesson, as there him for providing such a model of sup- gram. often is in sports. But this was a team port for the University of Connecticut, It is with great joy that I come to the that came into the Big East tour- truly a government program that floor of the Senate today to congratu- nament with most people thinking the works but also, obviously, one that is late the University of Connecticut season would end quickly for them. completely nonpolitical, bipartisan— men’s basketball team and their great They had will, which is a word Coach perhaps providing another lesson for us coach, Jim Calhoun, on winning the Calhoun uses a lot. They always had here. NCAA championship last night. This the potential and the ability, but they I am very honored to rise in cele- has been a remarkable season. A team had the will. I am looking at the Sen- brating this remarkable accomplish- that started unranked, a young team ate pages now, young people. ment. This majestic and momentous in a year that was supposed to be a re- There are a lot of people who read victory culminates a kind of magical building year came together in a mag- these UConn Huskies out at different journey for this team. They defied the ical way. They had their ups early in times of the season, but they didn’t odds. They disproved the doubt and the the season, they had their downs as read themselves out of the competi- doubters, and they stared down adver- time went on, but the run that began tion, and their coach never did. He sity with real grit and grace. Remem- with the Big East tournament a few kept telling them they had what it ber that they rallied after losing 4 out weeks ago has, for our State and I took to be champions. They pulled to- of 5 of their last regular season games think anybody who follows and loves gether. They worked together. They and then had an extraordinary streak college basketball, really been inspira- developed their potential to the fullest. of 11 straight wins to win the Big East tional. They played and lived like a family. and then the NCAA championship. I do want to say, in terms of inspira- And you might say Coach Calhoun is They were relentless and courageous in tion and I suppose I might say in the the loving father who employs a lot of believing in themselves throughout spirit of bipartisanship or at least good tough love but draws greatness out of that very tough battle. At some point, sportsmanship, that I offer congratula- these players and gives all of us in Con- as someone said, this team forgot how tions to the Butler Bulldogs on their necticut a tremendous sense of pride. to lose—again, a life lesson for many of great run in the tournament, which I do not want to finish my statement us. also was inspirational. I thank my In- without also telling Coach Geno As in every remarkable triumph, this diana colleagues for their good sports- Auriemma and the great players on the one had a team effort and it had stars. manship and for what they described as UConn women’s basketball team how Kemba Walker was perhaps the most the best popcorn in America, made in proud we are of them and how much we notable among them, and he won Indiana—that is part of a friendly thank them for another remarkable awards that recognized his remarkable wager they made, Senators LUGAR and season that was also filled with his- individual effort, but there were also COATS, with Senator BLUMENTHAL and toric accomplishments, including an freshmen who were important—I say me—which we will be pleased to accept impressive run to the Final Four and a that as a freshman Senator—Jeremy and devour. recordbreaking 90-consecutive-wins Lamb and Roscoe Smith. This has been quite a year. Led by streak. The Lady Huskies were led by As important as any player, as my their floor leader, Kemba Walker, and the all-impressive Maya Moore, who colleague has recognized, was Coach assisted by an extraordinary group of achieved AP All American honors in Calhoun, who really demonstrated young athletes, this group of student each of her 4 seasons at UConn and again the reason he is a champion and athletes demonstrated to all of us what scored over 3,000 career points. So I a hero to Huskies fans throughout the a combination of hard work, dedica- give my congratulations to Coach Geno State of Connecticut and the Nation.

VerDate Mar 15 2010 00:46 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.037 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE April 5, 2011 CONGRESSIONAL RECORD — SENATE S2117 He gave his team strength at the crit- happens to be its banker, its creditor. and we were witnessing record deficits. ical time, and he drew that strength That is the case. We can’t sustain that. He said to President Obama: Here is from his own life experiences. Just last As we watch our national debt in- next year’s budget. Incidentally, it is Sunday, he recalled his day, shortly crease, we understand we have to take $1.2 trillion in deficit. after his father’s death, when he was serious measures to deal with it. How did this reversal occur in only 8 pumping gas and cutting stone and col- This morning, in a bipartisan meet- years? It occurred because the policies lecting metal in a shipyard in Massa- ing of Senators with the President, we of the Bush administration called for chusetts. He is a fighter, he is a leader, had the chairman of the Senate Budget waging two wars and not paying for and the UConn basketball program has Committee, KENT CONRAD, describe our them and doing something that had come a long way under his leadership. current situation. At this point in never been done in U.S. history by any Many recall the days when they had time, about 14 percent of our gross do- President: tax cuts in the middle of a no championships and certainly no mestic product is coming into the gov- war. A war is over and above the ordi- winning teams. The program began in ernment in revenue, which is the low- nary expenses of government. If we cut 1901, with a season that consisted of a est percentage in 60 years, and expendi- revenues at the same time, it makes it single game against Windham High tures represent about 24 percent of our impossible to balance the budget. In School, and it was 98 years until Coach gross domestic product. That 10 per- fact, it drove us to record-high deficits. Calhoun won them their first cham- cent difference between revenue and That is what President Obama inher- pionship and now their third. He won expenditure equals deficit. We have to ited, an $11 trillion national debt and a that championship because of the great reach a point where we are prepared to deficit for the first year in office of $1.2 playing of those teams and the players cut spending and make changes that trillion and losing hundreds of thou- who have gone on to performances that will lead to a more stable economy and sands of jobs to unemployment as he are remarkable in other leagues. deal with our deficit honestly. was being sworn in. I also wish to join in paying tribute There were two State legislators who Fortunately, the recession we face to Geno Auriemma and the Lady wrote a letter to the New York Times has slowed down and started to sta- bilize. As of last Friday, we are seeing Huskies. They came very close, several weeks ago that caught my at- the lowest unemployment rate in 2 heartbreakingly close, to another tention, a Democrat and Republican. years. We are coming out of this slow- championship. Maya Moore and every They were talking about their State ly, but we are coming out of it. We are member of that team deserves our challenge, and they said: We have come to the conclusion that we can’t cut our making a recovery. gratitude and admiration. The point we made in the deficit There is no doubt that both teams— way out of it, and we can’t tax our way commission—and it needs to be re- out of it. We have to think our way out both of them—have a bright future. I peated—is, as we chart a glidepath to of it. We have to focus on changes in look forward to being here again next bring us out of deficit, let’s get the re- year and celebrating another Huskies State government policy that reduce cession behind us. Let’s get the 14 mil- victory, hopefully by both the women’s waste and inefficiency and move us to- lion unemployed Americans back to and the men’s teams. ward a more solid position. work. We will not balance the budget I think the same lesson applies in I yield the floor, and I suggest the ab- with 14 million Americans unemployed. Washington. We have to be thinking sence of a quorum. These are people who need the basic ne- The ACTING PRESIDENT pro tem- about what we need to do to move for- cessities of life and are not working ward so our children and grandchildren pore. The clerk will call the roll. and paying taxes. That creates a drain The assistant bill clerk proceeded to don’t inherit the deficit we now face, a on the Treasury. We need to move to- call the roll. deficit which, of course, is growing by ward restoring jobs, creating good-pay- Mr. DURBIN. I ask unanimous con- the day. ing jobs as part of our overall agenda. sent that the order for the quorum call I always like to give a little histor- That is the lead-in to Congressman be rescinded. ical perspective so people understand PAUL RYAN proposing a budget resolu- The ACTING PRESIDENT pro tem- where we are and how we arrived. I ask tion on his side of the rotunda. He re- pore. Without objection, it is so or- people to think back to the year 2000, if leased it today. As we take a look at dered. they can. In the year 2000, President this resolution, where it leads, we see Mr. DURBIN. Madam President, William Jefferson Clinton was leaving that Congressman RYAN claims that he PAUL RYAN is a Congressman from office, and President George W. Bush will reduce the deficit by $4 trillion Janesville, WI. I know it because it is was coming into office. Snapshot: What over the next 10 years compared to the right across the border from Illinois. I was the state of America then? The President’s budget, but he achieves have relatives and friends who live in snapshot would tell us that we had a this solely through spending cuts. His the area. I like PAUL. I served with him national debt in the year 2000 of $5 tril- cuts are focused. Instead of looking at on the Bowles-Simpson deficit commis- lion. The accumulated net national all of the spending of government, he sion. We spent a lot of time together. debt of America when President Clin- takes a small amount out of the Pen- He is a very bright person, and he has ton left office was $5 trillion. We were tagon spending, some $78 billion. In been given a big assignment in the in our third year of generating a sur- light of the Pentagon budget, that is a House of Representatives as chairman plus; that is, more money coming into nick, a fractional amount. I want of the Budget Committee. He and I the government than being spent. The America to be safe. I want our security have different views of the world and of surplus was being put into the Social to never be in question, but we waste a politics, but I respect him very much Security trust fund and buying more lot of money at the Pentagon with con- for his intelligence. years of solvency for the trust fund. tracting out and with things we should He has laid out a budget plan for President Clinton, as he left office, not buy. We could save a lot of money House Republicans that is very specific handed the keys to the White House to there. in the goals he has set for America. President Bush and said: This coming Congressman RYAN’s budget does not There are some aspects on which PAUL fiscal year, 2001, you will have a $120 address that. He leaves, unfortunately, and I agree. We agree on the fact that billion surplus. Welcome to Wash- that aspect of the budget untouched, we are facing a deficit crisis. We can- ington. largely; $78 billion over 5 years is hard- not continue to borrow 40 cents for Now, fast-forward 8 years later. The ly an effort to try to reduce waste and every dollar we spend. It is year is 2008. President George W. Bush efficiency in the Department of De- unsustainable. We borrow the money is leaving office, handing the keys to fense. from countries such as China. China is the White House to President Barack Then he turns to the domestic discre- a nation that is hard charging and Obama. What was the national debt? It tionary budget. That represents 12 per- competing with the United States, and was $5 trillion when President Bush cent of the overall budget. That has they are one of our major creditors. came into office, and as he left the pro- health care, education, medical re- That is a delicate position to be in, jected debt for the next year was $11 search, things of that nature, in it. when a country that one is competing trillion. In 8 years President Bush had That is where he makes the biggest with for jobs and economic growth also more than doubled the national debt, cuts in the coming 5 and 10 years.

VerDate Mar 15 2010 00:46 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.038 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE S2118 CONGRESSIONAL RECORD — SENATE April 5, 2011 When it comes to the revenue side of through the family, and now they are folks who no longer have a savings ac- the equation, should, for example, on their own looking for a job. If you count to turn to. They have a Medicare those who are well off, millionaires, are like most parents, you worry. They payment and a Medicaid payment, and pay higher taxes? No. The budget pro- are one diagnosis, one accident away that is it. If we reduce the reimburse- posed by Congressman RYAN reduces from serious medical bills. You want ment under Medicaid, unfortunately, the top marginal rate for individuals them to have the best care. many of them cannot stay in the nurs- and corporations to 25 percent, from I can’t tell my colleagues how many ing homes and convalescent centers in 39.6 percent, producing an enormous times I asked my son and daughter: Do which they now live. So we have to windfall with that reduction to the you have health insurance now that think carefully about the way we deal wealthiest individuals and corpora- you are finished with college? with Medicaid. tions, even as spending for programs Dad, I feel great. I am healthy. By my estimation, my staff’s esti- that benefit low-income families, such I wish we could all be so confident. mation, the $770 billion cut in Medicaid as Pell grants for students and low-in- We changed the law so that young peo- with the Ryan budget proposal is about come families to go to college, are ple could stay under their parents’ a 28-percent cut in reimbursement for being slashed under his budget. Be- health insurance plans until age 27. Medicaid in the years to come. cause the tax plan is revenue neutral, That is reasonable. That is not the worst part. The worst the plan must by definition include tax The Ryan Republican budget resolu- part, I am afraid, is Chairman RYAN increases for lower income Americans tion would repeal that. I don’t think proposes ending Medicare as we know to pay for the tax cuts which Congress- that is helpful. it. Back in the 1960s, the creation of man RYAN’s budget gives to the We also have what is called the Medicare was the answer to the prayers wealthiest 2 percent. doughnut hole in Medicare where sen- of many senior citizens. They had So- Is that the key to our future? Cutting iors receive payments for prescription cial Security, which provided them taxes for the wealthiest people, raising drugs. There is a gap in coverage called with a basic monthly payment that taxes for lower and middle-income fam- the doughnut hole. We start filling might help them maintain their inde- ilies? I don’t think that is fair. Those that in so seniors have seamless cov- pendence and continue on if their pen- of us who love this country and feel erage so they can have the prescrip- sion or savings did not cover life’s ex- blessed that we were given a chance to tions they need to stay healthy, inde- penses, but then came medical ex- live here and do well should accept the pendent, and strong, out of the hos- penses. With Medicare we said: If you reality that we pay back something to pital, out of the nursing home, in the will pay in through payroll taxes this great country and keep it safe and life they want to lead. Unfortunately, through a lifetime, when you retire growing in the right direction. Con- that effort would be repealed by the you will be covered with Medicare in- gressman RYAN’s budget resolution Ryan Republican budget resolution. surance. goes in the opposite direction, cutting In addition, we put in the law a pro- Story after story has been told in my taxes for those who have been well off, vision that people with preexisting family and others of people who found those who are well-to-do. conditions wouldn’t be denied health themselves not Medicare eligible but What troubles me the most about the insurance. Initially, we protect chil- without health insurance. I had a Ryan budget resolution is what it does dren. If you have a child who is dia- brother—a late brother—who had heart to health care. We cannot seriously ad- betic, has a history of cancer or some issues. He retired as a member of man- dress the deficit and debt without ad- other disease, it might be next to im- agement from Boeing aircraft and then dressing the cost of health care. As the possible to buy health insurance. We had a massive heart attack and sur- Presiding Officer knows, we spent a lot protect that family and say children gery, and then his health insurance of time debating that over the previous under the age of 18 cannot be discrimi- was canceled before he reached age 65. 2 years. We came up with a plan to try nated against because of a preexisting He was worried, worried he would have to at least reduce the rate of growth in condition. The Ryan proposal would to dip into savings if he ever had to go health care costs. I think we achieved eliminate that protection as well. back to the hospital. Fortunately for some good things. We tried to bring It also means that health care deliv- him, he did not have another problem more people into coverage when it ery system reforms put in place by the until he reached Medicare eligibility. came to health care and fewer people law, things such as bundling payments So Medicare ends up being a lifeline showing up at hospitals with no insur- to medical providers and reducing re- for many seniors; otherwise, they ance, no payment, actually having imbursements to hospitals with high would see their savings exhausted their medical bills transferred to ev- rates of infection would go away. which they planned to use for the rest eryone else. These changes are designed to lower of their lives and their security. Chairman RYAN released a budget health care costs, but the Ryan pro- Chairman RYAN proposes ending proposal for fiscal year 2012 that would posal would eliminate them. His plan is Medicare as we know it and, instead, repeal the health reform law which we simply cost-shifting, not cost saving, giving seniors subsidies to enroll in pri- passed and was signed by the Presi- because we had scored by the Congres- vate health insurance plans. This dent. It would end the Medicare and sional Budget Office—a bipartisan might save some Federal funds, but Medicaid Programs as we know them agency—a savings of $120 billion in the that is because the Federal subsidy today. His proposal balances the budg- first 10 years from our health care re- would not cover the full cost of private et, unfortunately, at the expense of form. So instead of reducing the def- plans that are as good as Medicare. those who can least afford it: low-in- icit, Chairman RYAN’s proposal will in- I am glad to see Senator BILL NELSON come families, seniors, and people with crease the deficit by at least $210 bil- of Florida on the Senate floor. My disabilities. lion by repealing health care reform. guess is, Medicare is a pretty impor- First, Chairman RYAN proposes re- Next, Chairman RYAN proposes con- tant issue in Florida, and I think he pealing the entire Affordable Care Act. verting Medicaid into a block grant probably has some strong feelings That means all the consumer protec- program. He says this will help the about this issue. tions and benefits put in place by that States rein in costs with more flexi- But what Chairman RYAN has pro- law would disappear. What does it bility. In fact, it just shifts the costs to posed in the House budget resolution mean to the average family? Right now States, low-income beneficiaries, and would mean seniors would lose the we changed the law so young Ameri- medical providers. When we look at the guaranteed benefits they have today. cans can stay on their parents’ health dollar amounts, he would be reducing How much of a cut in benefits? Well, he insurance policies until age 27. Having Medicaid reimbursement back to the is very explicit: 60 percent, a 60-percent lived through this experience of put- States by 28 percent. cut in Medicare benefits for senior citi- ting kids through college, it is a real Who are some of the beneficiaries of zens. How is that going to work? How worry. One’s son or daughter graduates Medicaid in Illinois, in Pennsylvania, are we going to find ourselves in a situ- from college, they no longer have and New Hampshire? Well, the bene- ation where private health insurance health insurance through the ordinary ficiaries include a lot of elderly people companies are somehow going to pro- means, either through college or living in nursing homes. These are vide 60 percent more in services for the

VerDate Mar 15 2010 00:46 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.040 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE April 5, 2011 CONGRESSIONAL RECORD — SENATE S2119 current cost? It is not likely to happen. like 55 percent Federal money, with 45 care benefits, such as Chairman RYAN’s This will not bring down overall health percent State money, for the health House Republican budget proposal, you spending, incidentally. It just pushes care for the poor and the disabled— run the risk that a lot of people will the costs on to seniors and makes them that his proposal is he would give this not get the good coverage they have sicker when they finally show up at the as a block grant to the States for the today in Medicaid and Medicare. hospital. Governors and the State legislatures to Mr. NELSON of Florida. I say in con- In fact, Medicare provides health decide how they were going to dis- clusion—and I thank the Senator for care for seniors at a price less than the tribute it? yielding—all you have to do is ask a same benefits cost in the private mar- Mr. DURBIN. Yes, I say to the Sen- senior citizen do they like their Medi- ket. It is a popular program because it ator from Florida, that is my under- care or would they prefer to have it works. standing. But it also includes a 28-per- done by an insurance company, and I The point I would like to make—and cent reduction in the amount of money think you will get a resounding an- I see my colleague here; and I will the Federal Government is going to swer. yield the floor to him—is, I share pay into this. So in your State, and Mr. DURBIN. Mr. President, I yield Chairman RYAN’s concern about the mine, too, a lot of elderly people live in the floor. deficit and concern about health costs. nursing homes and depend on Medicaid. The PRESIDING OFFICER (Mr. But if we are going to be honest and Without Medicare and Medicaid, they CASEY). The Senator from Alaska. deal with this, as I said at the outset, could not stay there. If you cut by 28 f we cannot cut our way out of this prob- percent the reimbursement under Med- USE IT OR LOSE IT lem. We cannot tax our way out of this icaid, I wonder what is going to happen Ms. MURKOWSKI. Mr. President, I problem. We have to think our way out to those people. would like to take a few minutes this Mr. NELSON of Florida. Would the of this problem. We have to find ap- afternoon to perhaps switch the discus- Senator believe the experience of the proaches that more effectively use the sion from what my colleagues were re- State of Florida: When they tried to wonderful medical resources in this ferring to earlier in terms of the budg- put all Medicaid into insurance compa- country at a savings. et and speak a little bit about the issue nies—otherwise known as HMOs, We have to reward value when it of energy—obviously, a topic of great comes to health care as opposed to vol- health maintenance organizations— concern. ume. We have to make certain those those organizations pulled out of serv- The President has addressed it as re- who are ripping off current programs ing the poor in rural counties, and yet cently as last week in a major address see that activity come to an end. If we that is a proposal in front of the State at Georgetown. There have been a lot work together on a bipartisan basis, we legislature of Florida at this very mo- of discussions about what it is we need can achieve that. I hope we can do it on ment? to do to respond to the higher prices a bipartisan basis because it is the only Mr. DURBIN. I would say to the Sen- families are paying at the pump and way that will work. Trying to impose ator from Florida, representing a State just how we deal with the issue of en- this by one party, whether it is in the as diverse as his, with rural areas and ergy in general. There has been much continuing resolution or in the long- major urban centers, there are some discussion about this concept of ‘‘use it term budget resolution, is not likely to areas where private health insurance or lose it.’’ I want to speak to that pro- achieve the goals most Americans hope companies are not going to do business posal a little bit this afternoon. we achieve as Members of the Senate because it is not profitable. So when It is a rather strange proposal that and Congress. Chairman RYAN says we will just try to claims to address the rising cost of oil Mr. NELSON of Florida. Will the shift all of this responsibility to the and gas for America’s working fami- Senator yield for a question? private health insurance market, I am lies. The premise of this is, even with Mr. DURBIN. I am happy to yield. afraid many Americans—those in rural oil at more than $100 a barrel, and even Mr. NELSON of Florida. The Senator areas, maybe some with preexisting though lease terms are already limited has pointed out very accurately the conditions because he is repealing the by law to 5 to 10 years, energy compa- analysis of this most recent proposal Affordable Health Care Act too—are nies somehow are hording Federal by the chairman in the House of Rep- going to find themselves without lands and refusing to produce the re- resentatives. If I recall, did we not ad- health insurance coverage. sources that are beneath them. dress cutting some $400 billion out of Mr. NELSON of Florida. And a fur- ‘‘Use it or lose it’’ has been presented Medicare over the next decade in the ther question to the Senator from Illi- by this administration and others as a health care reform bill that was passed nois: Would he characterize the pro- way to increase our Nation’s energy last year? posal by the chairman in the House of production. But even a cursory review Mr. DURBIN. That is exactly right, I Representatives on Medicare as not will show this is fundamentally flawed say to the Senator from Florida, and only cutting the payments to Medicare in its premise. This proposal will not there were people who were critical of but the way Medicare is being deliv- increase American production. It will us and said we were, unfortunately, ered by altering that into the private not increase jobs or create jobs. It will cutting Medicare benefits, which we sector? not raise government revenues or bol- were not. The Senator may recall that Mr. DURBIN. I say in response—and ster our security. Instead, I believe it one of the first amendments on the this will be my last response because I is a diversion from our more critical floor—it may have been from Senator have to run to a meeting—but the in- need to produce more of our own re- BENNET of Colorado, if I am not mis- teresting point about Chairman RYAN’s sources and to streamline our burden- taken—said we are going to protect proposal is the money does not go to some regulatory processes. Medicare benefits, but we are going to the senior citizens under Medicare; the Now, the idea behind ‘‘use it or lose try to cut the waste out of the current money goes to the insurance company. it’’ is to simply punish companies for Medicare Program—the duplication Think about that: a voucher to an in- not drilling on lands they have leased, and the overcharging that is going on— surance company, and the hope is they so they either drill or they give back so seniors will not pay in terms of would provide the coverage you need. the acreage to the government which health care, but the taxpayers will not Medicare, I want to tell you, is like can then resell it to someone else. But, be held responsible for something that Social Security, one of those programs interestingly, this proposal has drawn is not serving them well. that people have confidence in. They some support from a number of Sen- Mr. NELSON of Florida. Will the know the coverage and they know what ators and from the President himself Senator respond to another question? has happened. Since the 1960s, under who, until recently, have claimed: Mr. DURBIN. I would be happy to. President Johnson, when we initiated Well, we can’t drill our way out of this. Mr. NELSON of Florida. Is it true Medicare, seniors live longer, they are We can’t drill our way to lower gas that in the proposal from the chairman healthier, they are strong, and they are prices. America’s oil—and we have been in the House of Representatives, he independent. That is what you get with repeatedly told this—has minimal im- would take the Medicaid Program— good quality health care. When you pact on global prices and takes too which, generally, is a split, something start making 60 percent cuts in Medi- long to bring online.

VerDate Mar 15 2010 00:46 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.041 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE S2120 CONGRESSIONAL RECORD — SENATE April 5, 2011 So I do not know, maybe this is a I guess one of the more telling exam- the government has failed to issue a change of heart. If that is so, I am glad ples of what is wrong with the Interior permit that even the EPA and even the to see it. I do hope—I do hope—their Department’s new report is its depic- Administrator of the EPA has ac- proposal is a signal that, indeed, they tion of what is happening in Alaska knowledged poses no human health would like to see drilling on every right now. Companies have been trying risk? This is where we are sitting right leased Federal acre onshore, offshore. for years—trying for years—to bring now. That is certainly the premise of the their Federal leases in this State of I was incredulous. I had an oppor- proposal, even though it is perhaps a Alaska into production. These efforts tunity to ask the Secretary of the Inte- pretty major departure from the pre- have been blocked. They have been de- rior, who is a friend of mine—most cer- vious positions. layed by the Federal Government, es- tainly a friend who I acknowledge has Now, the advocates of ‘‘use it or lose pecially this administration, and they a very difficult job, a very challenging it’’ have pointed out correctly that have been blocked at every turn. De- job—but he could not assure me that there are millions of acres leased in spite this, the Interior Department’s the so-called ‘‘use it or lose it’’ fee this country that are not currently report claims that just 1 percent—1 would not apply to the millions of producing oil and gas, but they have percent—of Alaska’s leases are pro- acres of leased land in Alaska, both on- misidentified the reason why. Chances ducing and puts the blame on industry. shore and offshore, where the Federal are maybe there is just no oil present But when I talk to folks back home, Government has sold the leases but is on that land. Perhaps exploration is when I talk to those who are trying not allowing drilling activity. It is ongoing or, in many cases, the Federal every single day, getting up and trying similar to a commercial real estate Government has simply blocked the their hardest to advance so we can get company offering to rent some office drilling. To add a new penalty to this to levels of production, they only find space to you. We go ahead. You pay the process and to add a new layer to exist- that there is yet one more hurdle, one rent. I never give you the key, so you ing bureaucracy will only backfire. more roadblock that is thrown up and can’t access your commercial office From the outset, I think it is impor- thrown up by the government. It space. Then I am going to go ahead and tant to understand what is involved in causes incredible frustration. It is hard assess a fine. We are going to penalize oil and gas production. This is an in- to pick what would be described as the you when you failed to open your doors credibly capital-intensive, labor-inten- best example of companies trying to for business. That is kind of what is sive business, and from a technological produce from their leases—which, I happening up North. It is not a ‘‘use it perspective, the process is extraor- might add, they purchased at the invi- or lose it’’ policy, it is ‘‘heads we win, dinarily complex. I think we saw, after tation of the Federal Government—yet tails you lose.’’ My colleagues have to the Deepwater Horizon, cameras they are being forbidden by the admin- imagine: What would such a policy say trained a mile below the surface of the istration from pursuing their explor- about the way our government con- ocean, and it was described by many atory operations. It is happening in the ducts its businesses and manages its as, this is akin to how we deal with National Petroleum Reserve Alaska. resources? putting a man on the Moon. This is Think about the name. This is the Na- ‘‘Use it or lose it’’ is drawn from a complicated stuff, and there is no ‘‘X tional Petroleum Reserve Alaska. That desire to do the right thing, which is to marks the spot’’ as to where that oil is is pretty ironic. We can’t get started increase our domestic production, but I actually going to be found. there, and one of the biggest reasons also believe it reveals a fundamental It can take years, not to mention tre- we can’t is we are being blocked—the lack of understanding about how en- mendous amounts of money, to finally producers are being blocked—from get- ergy resources are developed and how locate these commercial deposits. ting a permit to build a bridge over a they are brought to market. It risks When there is resource present, it river to get started. very real consequences for our energy takes some teams of some pretty high- As regrettable and as ironic as that production here in America. Because ly skilled and trained engineers to fig- example is, there is an even higher pro- instead of encouraging producers to ure out how we are going to bring it to file example that we see up North, and find energy faster, it would actually market. There are the entire legal de- that is what Shell is attempting to do. discourage them from discovering it in partments that have to wade through They have set a record—and a record the first place. Instead of creating jobs, the multitude of permits, the analysis, that is certainly not enviable but a it would likely end jobs. Instead of the plans that are required by our Fed- record nonetheless—for both dollars in- raising new revenues for the Federal eral Government. This process takes a vested and frustration experienced in Government, it would likely diminish considerable amount of patience and return. This is a situation where a taxpayers’ returns from leasing and for lots of good reasons, but the gov- company has spent a little over $4 bil- production. ernment is certainly not in a hurry to lion—this is billion with a B—they It seems as though every time oil provide leaseholders the approval they spent $4 billion to buy Federal acreage prices are on the rise, we come to- need to move forward. in Alaska’s Outer Continental Shelf gether and we debate how we are going Last week, the Interior Department nearly 7 years ago. Since that time, to respond to them and every time had an opportunity to explain what Shell has done nothing but slog someone points out we should be pro- goes on within the exploration process through an incredibly long and incred- ducing far more of our own—frankly, and show why not all Federal leases ibly arduous permitting process. Air very tremendous resource base—some- immediately produce oil and gas. In- permits that take 6 weeks to acquire in one steps forward with the potential stead, the Interior Department issued a the Gulf of Mexico have now been de- scapegoat, perhaps to distract atten- report that attempts to portray many layed for over 5 years. tion from our need to be leasing more Federal leases as idle or unused. What I ask my colleagues to put that in new lands. It is like clockwork around could have been a very helpful and in- context. A company, at the invitation here. Instead of making the hard structive process was instead hope- of the Federal Government, purchased choices about what we can do to better lessly politicized, and that is unfortu- leases over 7 years ago, has put more insulate ourselves from higher crude nate. than $4 billion into trying to get to ex- prices and geopolitical instability, we The findings of the Interior Depart- ploration, has spent 5 years waiting on see proposals to impose windfall profit ment’s report I believe defy common permits, where in other parts of the taxes, to pour unprecedented sums of sense, general business principles, and country permits can be turned around money in unproven alternative tech- what we know to be true about the in 6 weeks, and they have yet the op- nologies, to rein in speculators, to sue Federal regulatory process. The defini- portunity to even start. So can anyone OPEC, to raise taxes and fees on pro- tion of ‘‘inactive’’ purposely excludes honestly suggest we ought to punish duction, and now to force companies to many important development activi- Shell or any company that is going act faster or to face greater penalties. ties, and there is no acknowledgment through this for the Federal Govern- Until we see some evidence that com- that oftentimes it is the government ment’s failure to allow even explor- panies are refusing to develop their itself that is causing the delays in atory drilling to proceed? Is it fair that leases, I have to call it like I see it. drilling. we demand Shell pay the price because ‘‘Use it or lose it’’ is a ploy to claim

VerDate Mar 15 2010 00:46 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.042 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE April 5, 2011 CONGRESSIONAL RECORD — SENATE S2121 that we support increased domestic allow access to America’s huge re- have determined there simply is not production, without doing anything to sources that are still off-limits. the—for instance, if you are drilling in ensure that domestic production is the I thank the Presiding Officer for the some deep waters, it is extraordinarily actual result of our Federal energy time and the opportunity to speak this costly. As I mentioned, these are com- policies. afternoon on yet another aspect of our plex, and the technologies are quite There has been a lot of discussion, country’s much needed energy policy considerable. If you have done some ex- when we are talking about energy, and how we can continue to find ways ploration but you find very limited or about Brazil and their potential—how that will move us toward a future perhaps nothing—as I mentioned, we that nation is set to significantly ramp where we do engage in energy sources don’t have that magic X that leads us up its oil production, and we commend that are clean and renewable while also right down to what we call in the north the Brazilians. They have been able to harvesting our bountiful supply in this the ‘‘elephant find.’’ make a number of very important dis- country as we find ways to produce So I think it is important to under- coveries, estimated at about 50 billion more domestically. stand what it is that we have and the barrels of oil equivalent. According to Mr. NELSON of Florida. Mr. Presi- status of these leases. This information the Wall Street Journal, Brazil’s oil dent, will the Senator yield for a ques- is critical to us, because if they are in production rose by 876 percent over the tion? the exploratory phase, and it is taking past 20 years—876 percent over the past Ms. MURKOWSKI. Yes. longer because, quite honestly, we have 20 years. They are now planning to Mr. NELSON of Florida. Mr. Presi- higher standards with the environ- double their current production in less dent, first of all, I wish to say to the mental permits, which are taking more than 10 years. So there are pretty re- Senator from Alaska that she knows of time, and I think we realize after the markable things going on there. Even my respect for her and my personal Deepwater Horizon situation and a while Brazil is developing their current friendship with her and my personal great deal of scrutiny on MMS, quite resource base, they are actively look- opinion that she is one of the finest honestly, we didn’t have sufficient ing for more. They are working aggres- Senators we have. numbers issuing permits within that sively. They are pursuing that objec- I do want to ask the Senator a ques- agency to keep up. So we need to un- tive while expanding their production tion, and it is a circumstance that I derstand where the issue is, where the and their use of alternative energy happen to be here next in line to speak problem is. There may, in fact—and I sources. They are kind of pursuing the about a different subject than the Sen- will concede on the floor that there ‘‘all of the above’’ we talk about so ator spoke about. This Senator is one may be some leases that are in exist- often. of those sponsors of the ‘‘use it or lose ence where the producers have said: In the United States, we have tech- it’’ legislation. I certainly will defer to You know what, we only have so much nically recoverable oil resources esti- the Senator from Alaska with regard ability to move forward with the fi- mated at 157 billion barrels, more than to Alaska and the drilling offshore nancing of all of this, so we are going three times—more than three times— there. to explore and produce in wells 1, 2, and what Brazil has recently found. I don’t My question is about the drilling of 3, but on 4 and 5 we are not prepared to understand. I don’t understand why we the Gulf of Mexico, which this Senator advance on them as quickly. We think refuse to set the same ambitious goals has some familiarity with, and that they may have potential, but we don’t for increasing our production that there are 37 million acres in the Gulf of know that. How can we help to facili- Brazil has, even as we continue to pur- Mexico under lease, where the oil is. tate that? Do we need more people sue alternative energies that will di- But of the 37 million acres, there are within MMS to help expedite the per- versify our supplies equally. When it only 7 million that are drilled. Thirty mits? What does it mean to be an idle comes to energy, we should strive to be million acres are not drilled, and it has lease? our own best customer, not Brazil’s. been that way for years and years. The I will digress for a moment, if I may, As Federal policymakers, we need to Senator makes a compelling argument because I think it is important for peo- think carefully about what we demand with regard to Alaska, but how can ple to recognize that when we are talk- of any industry, including oil and gas. that argument apply to the 30 million ing about exploration in the Arctic, a When we tax something, the fact is, we acres in the Gulf of Mexico that are not 5-year or 10-year time period is simply get less of it. I don’t think we want to drilled but, as the Senator has said, not sufficient, because we cannot ex- make ourselves even more dependent ought to be drilled? plore 365 days a year. Most times, the on foreign oil right now. We don’t want Ms. MURKOWSKI. Mr. President, I season is limited to about 60 days dur- to discourage domestic production, es- appreciate the question of my col- ing the coldest, darkest, most difficult pecially under the guise of promoting league from Florida, as we recognize time of the year. But that is when the it, and we have no reason to add yet that coming from different parts of the ground is frozen, when the permits are another layer to an already daunting country, where we have access in close issued for exploration. So it takes mul- regulatory system. proximity to the oil and gas resource, tiple seasons to even get through the I strongly urge us in the Senate, in but we recognize that there are dif- exploration phase. the Congress, to recognize ‘‘use it or ferences between where we are in our I think it is important to recognize lose it’’ for what it is. It is an attempt geography and perhaps the approach. that not all leases are equal. Not every to extract more money from the com- In the Gulf of Mexico, I think your lease that a producer purchases from panies, not to extract more energy climate allows for exploration and pro- the government actually has anything from the ground. It is not the right ap- duction probably 365 days out of the worth developing. We need to know and proach for America, and it will not year, which is a little bit different than understand a little bit more. We hoped move our energy policy in the right di- in our arctic environment. We respect to have learned that from the Depart- rection. that. To the Senator’s question, which ment of the Interior report. Unfortu- I do take comfort in one fact, and is a very legitimate and fair question— nately, it didn’t give the detail we had that is this: At least the debate is now this is why we had hoped so much that hoped for. I appreciate my colleague’s about how to produce more oil and not with this report from the Department question. whether to produce more oil. My work of the Interior, it would have allowed Mr. NELSON of Florida. Mr. Presi- on the Energy Committee and cer- for a breakdown so we could under- dent, as the Senator from Alaska is tainly what goes on in the State of stand what is happening with these leaving the floor, I will say to her that Alaska has taught me much about how many thousands of leases that are out I appreciate her point of view and what and how not to achieve greater oil pro- there and existing. What is the true she has expressed. There is certainly an duction if we want more domestic pro- status? To put it in idle or unuse is not opportunity for working something duction—and I think we all recognize very clear, quite honestly. What does out. the President’s verbal commitment to that mean? Are we in the exploratory As I stated in my question to her at this and the change of heart amongst phase and so we are not in production? the outset, this Senator doesn’t know a some of my colleagues—it is time to And what category is that? Is this an lot about the leases in Alaska, but I eliminate the needless redtape and older lease about which perhaps they certainly do know a lot about the

VerDate Mar 15 2010 00:46 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.043 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE S2122 CONGRESSIONAL RECORD — SENATE April 5, 2011 leases in the Gulf of Mexico. For 30 the Gulf States, and who knows how stituents who have suffered mightily as million acres in the Gulf of Mexico to many billions of dollars of damage to a result of this BP oilspill, along with go undrilled for years and years, where the marine life and the ecology of the the malfunctions that went along in out of a total of 37 million acres are Gulf of Mexico, and safety is cited by the procedures and in the equipment of leased but only 7 million acres are ac- this company as a reason for giving bo- that tremendous disaster that so many tually drilled and produced, it seems to nuses to its executives. have suffered so long. me there is a wonderful opportunity for That defies common sense. It defies Mr. President, I yield the floor. a lot more production, not just in 7 reason. I am sufficiently agitated The PRESIDING OFFICER. The Sen- million acres but 30 million acres addi- about this—even with the company ator from South Dakota. tionally. And if the company that coming out and issuing some kind of f holds that lease, and has held the lease retraction—that this Senator intends THE BUDGET for years, is not going to drill it and to ask the Secretary of the Interior, Mr. THUNE. Mr. President, this Fri- produce, then let somebody else do it. Secretary Salazar, what authority he day we run out of the current—which is That was the theory behind this Sen- has to regulate not only the leases of now the sixth continuing resolution— ator’s sponsorship of that legislation. oil and gas tracts, such as BP, which As the Senator from Alaska has held the lease, but also what authority short-term continuing resolution pointed out some differences in her he has to regulate the rig owners, such which we have been operating under since the end of the fiscal year, which State, it seems to me that this is, as as Transocean and other subcontrac- was September 30 of last year. We the Good Book says, a place where peo- tors, which actually had the responsi- started a new fiscal year October 1. ple of good intentions can come and bility for the safety of the drilling op- Judging by some of the rhetoric we reason together. eration, and that safety did not work. Mr. President, I want to speak on an- I am going to ask our Committee on have been hearing around here, one other subject. I will tell my colleague the Environment, chaired by Senator would think somehow it is these big, bad, evil Republicans who are trying to that I am not going to be speaking BOXER—I have already talked to her shut the government down by trying to very long. This will be short. I want to and her staff director—to hold hearings get a bill passed that actually would bring this to the attention of the Sen- on the questionable response, the reduce spending for the remainder of ate. cleanup, the environmental and finan- this fiscal year, which ends on Sep- This is the Wall Street Journal from cial practices not only of Transocean last weekend. Here is an article with tember 30. but its contractor, BP. What in the I remind my colleagues—and I know the headline ‘‘Transocean Cites Safety world is going on? sometimes it gets a bit redundant—it in Bonuses.’’ Why do I bring BP into this? Well, it is a fact that the reason we are here is This is worth this Senator reading is not only that they held the lease. It because last year the Democrats in the for the RECORD and calling to the at- was interesting. Last week, the head of Congress failed to pass a budget and tention of the Senate: the Washington office of BP came in to did not pass a single appropriations Transocean Ltd. had its ‘‘best year in safe- give me an update. We had a very good, bill. There was no budget passed last ty performance’’ despite the explosion of its amiable chat, and I asked a simple se- Deepwater Horizon rig that left 11 dead and year for this fiscal year and not a sin- ries of questions. One of the questions gle appropriations bill passed before oil gushing into the Gulf of Mexico, the I asked was: With all of our people world’s largest offshore-rig company said in the fiscal year ended September 30. Be- a securities filing on Friday. down there, many of them losing their yond that, we had a lameduck session Accordingly, Transocean’s executives re- businesses, losing their homes to fore- where we were here, we were here after ceived two-thirds of their target safety closure, because they don’t have in- November’s election until the Christ- bonus. Safety accounts for 25 percent of the come as a result of the tourism trade mas holiday, and never did we have a equation that determines the yearly cash bo- that was affected by the BP bill, what budget considered on the floor, nor did nuses, along with financial factors including was all this about? new rig contracts. we consider a single appropriations The first full payment was a $10 mil- bill. The reason we are here is to finish It is hard for me to believe that. lion payment paid in full from the Gulf the unfinished business of last year. Even if it were to meet some mathe- Coast Claims Facility to a BP partner. This is last year’s mess we are now matical formula of awarding bonuses The head of BP in Washington said he cleaning up. to executives at oil companies, why in did not know. It has been in the news- We think the voters in the election the world that company would not paper over and over. I have asked the spoke pretty clearly and sent an imper- have been sensitive enough to the fami- question over and over. I have written ative to the Congress: We want you to lies of 11 people who lost their lives as to the Department of the Interior, as reduce spending. a result of what the President’s task well as to BP, and I have written to the We have been trying, as we have at- force investigating the Deepwater Ho- Gulf Coast Claims Facility and have re- tempted to fund the government rizon oil explosion and spill—the task ceived no answer to the question, why through the end of this fiscal year— force cochaired by our former col- was the first payment paid in full in September 30—to achieve some level of league from Florida, Bob Graham— damages done to a business partner of spending reductions. It started in the which said that the main responsibility BP? The representative of BP could not House of Representatives. They passed for that explosion was the fact that the answer the question. a bill that reduced spending by $61 bil- blowout preventer did not work as it I think the Senate Committee on En- lion over the previous year. It came was designed to. Who was the owner vironment and Public Works ought to over to the Senate. We had a vote on and operator of that? Transocean. We get into that issue. I am going to also that bill to reduce and trim $61 billion, know there are lawsuits that are going ask the Finance Committee in the Sen- and it failed. The Democrats put a bill on between BP, which had the lease, ate to hold hearings on the financial on the floor which would trim $4.7 bil- and Transocean, its subcontractor, practices of BP and Transocean and lion from last year’s spending level and which had the equipment that was sup- other corporations such as those—a which seemed to be completely di- posed to work to prevent the spill that corporation such as Transocean that I vorced from reality as to how to seri- malfunctioned. Those lawsuits are think is domiciled in Switzerland and ously and meaningfully address the going to be going on for some period of that holds a lot of its assets and earn- issue of spending and the debt and how time, sorting it out. But the investiga- ings abroad, earnings that come as a to address the concern the American tion, done by a highly respected inves- result of doing business in the United people have voiced this year over the tigative task force, came to that con- States but of which those earnings are $1.5 trillion deficits we are seeing and clusion. And here that very same com- held abroad and taxes are not paid for now we are going to see even longer pany, whose blowout preventer deep on the privilege of doing that business and since the President submitted his 2012 the floor of the ocean malfunctioned, earning profits in its business that is budget. causing the explosion—11 lives were conducted in the United States. The reason we are here is to do last lost, and untold billions of dollars of We owe this to our taxpayers. This year’s unfinished business; that is, get- damage was done to the economies of Senator certainly owes it to his con- ting runaway spending in Washington

VerDate Mar 15 2010 00:46 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.044 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE April 5, 2011 CONGRESSIONAL RECORD — SENATE S2123 under control, starting to live within 1 million lost jobs. That is a signifi- to be so awful; just think of the senior our means—something every family in cant, as I said, body of research that citizens. I say to my colleagues, ac- America has to do, something every has been done that studied economies cording to the House budget proposal, small business in America has to do. over the past half century or so and senior citizens are not impacted. Sen- Here we are again coming up against concluded there is a correlation be- ior citizens are protected from any this Friday deadline because there is tween debt and economic growth when changes in Social Security or Medi- resistance to reducing by $61 billion your debt-to-GDP ratio reaches 90 per- care, as are people age 55 and older. If the amount Congress spent the pre- cent. We are there in the United you are a senior citizen today or you vious year. The $61 billion, if one looks States. We are well past 90 percent, and are someone nearing retirement age, at the total budget, represents a little it is going to grow significantly more you are not impacted by this budget. under 10 percent. Even if one looks at under the President’s budget. What it does is it makes reforms in it in terms of discretionary spending, We cannot wait until tomorrow to do these programs so that future genera- that amount we are actually appro- this. We have to attack this problem at tions of Americans will have those pro- priating annually that is the smaller every opportunity. Getting a vote on a grams available to them when it comes part of the budget in Washington, it is continuing resolution that funds the time for them to retire. The fact is—we a small percentage. We are not talking government through the end of the all know this—if we do not deal with about, relatively speaking, a lot of year but does it at a reduced level of these parts of the Federal budget, we money. I think it is reasonable. I think spending makes a lot of sense. are not serious about dealing with the the American people believe it is rea- I do not know anybody who wants to future. sonable. Yet we are having this huge see a government shutdown. We are This is a serious issue, it requires a meltdown around here because we do here because there is unfinished busi- serious solution, and it requires serious not have the political courage to do ness from last year. We have to get this leadership. We have seen none of the what the American people have asked budget passed, and we ought to do it in above from the President or his admin- us to do. a way that is meaningful and serious istration or the Democratic leadership Frankly, if we were to reduce spend- and, I might add, reduces spending. in Congress. So far, the only effort that ing by the amount the Democrats pro- The President’s budget, which he has been made to address the issue of pose and we had a vote in the Senate, came out with a couple months ago and spending and debt and jobs and the it would be about the equivalent of 1 which starts the 2012 budget discussion, economy is being done by the Repub- day of the debt. In other words, in this failed on every level to address the licans in the Congress. year, the amount of debt we are going major challenges facing the country. Considering the fact there is only one to rack up—the amount they were Not only does he not deal with this body of the Congress that is controlled talking about trimming from the budg- issue of discretionary spending—and, by the Republicans—the House of Rep- et was the equivalent of 1 single day of frankly, he has been missing in action resentatives; the Democrats control the Federal debt—a little over $4 bil- in that debate entirely—we have not the Senate and set the agenda, and we lion. It was not serious. Nobody can heard from the administration about have a Democratic administration, a take it seriously by any objective this issue. More important, his budget Democratic White House—one would measurement. does nothing to address the big part of think that to do something of this con- To put it in perspective, in the last 2 the budget—Social Security, Medicare, sequence and magnitude, it would take years, spending has increased by about and Medicaid—which constitutes today a bipartisan effort. One would assume 24 percent. This is non-national secu- 55 percent of the Federal budget and this would be a bilateral discussion rity discretionary spending. It in- will grow dramatically over time as that would be occurring between the creased 24 percent at a time when infla- the 80,000 baby boomers begin to retire. White House and the Congress and not tion was only 2 percent in this country. What he proposed in his budget is in- just the Democrats in Congress but the Discretionary spending was growing at creased spending, increases in taxes, Republicans. But none of that seems to more than 10 times the rate of infla- and about a $12 trillion increase in the be occurring, and there does not seem tion. It seems reasonable that we could Federal debt over the next 10 years. to be any interest on the part of the go back to those 2008 levels, indexed for Nothing serious is done in terms of ad- President in stepping forward and put- inflation, which is what the proposal dressing spending, debt, or taxes. ting a plan forward that actually does passed by the House that was defeated It is a colossal failure of leadership reduce spending, that actually does in the Senate would do. not to take on what is the most com- deal with this massive debt, and that We have had lots of testimony from pelling and profound issue that faces actually gets serious about putting the former Chairman of the Federal this country right now; that is, this people back to work, growing the econ- Reserve, Alan Greenspan, who said he huge cloud of debt that hangs over our omy, and creating jobs. His budget, as expected we could face a debt crisis in economy and over our children’s fu- I said, increases spending by $400 bil- the next 2 to 3 years. He said there is ture. The President said recently he lion, increases taxes by $1.5 trillion, a 50-percent probability of that, in his did not want to take a machete to this; and adds somewhere on the order of opinion. We had the Chairman of the he thought we needed to use a scalpel. over $12 trillion to the Federal debt. Joint Chiefs of Staff, ADM Mike What he is talking about doing I sug- That is the President’s budget. Mullen, say that the biggest threat to gest does not even constitute using a The Republican budget that was put America’s national security is our na- toothpick. There is not anything in forward today—and I am sure we are tional debt, which I think is a stunning here that does anything to reduce not going to agree with every aspect of statement coming from the highest spending or get serious about trimming it, but at lease it is a serious, meaning- ranking military official in this coun- the size of the Federal Government. ful effort—reduces spending by $6.2 tril- try. We have people saying there is the What happened today? The House Re- lion over the President’s number and potential for a debt crisis, a 50-percent publicans came out with a budget. Lo $5.8 trillion below what the Congres- probability. We have this national se- and behold, it is a budget that actually sional Budget Office says it will spend curity issue that is impacted by the reduces spending by $6.2 trillion over over the next decade. It reduces debt level of spending and the level of debt. what the President’s budget proposed $4.4 trillion more than what the Presi- Then we have what I think, too, is an or $5.8 trillion over what the Congres- dent has put forward, and it actually even more compelling argument be- sional Budget Office baseline suggests gets government spending as a percent- cause everybody talks about the need we spend over the next decade. It re- age of our gross domestic product to grow the economy and create jobs, duces debt by $4.4 trillion below the under 20 percent, which is where our and yet this amount of spending and President’s number, and it does it historical average has been for the last debt, according to most of the research without raising taxes. 40 years. That is what we have been that has been done, suggests we are The first argument we heard from looking at. It takes on these issues. costing ourselves as an economy about people coming to the floor of the Sen- Whether one likes the approach or 1 percentage point of economic growth ate—and I heard some of my colleagues not, please at least let’s have a discus- every year, which translates into about earlier talking about, oh, this is going sion about it. Let’s have a debate and

VerDate Mar 15 2010 00:46 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.045 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE S2124 CONGRESSIONAL RECORD — SENATE April 5, 2011 let’s have a proposal put forward so to reform those programs so that they Carolina’s budget was balanced, that that we have something we can actu- are available to future generations of we still made critical investments in ally have a discussion about because so Americans. We have a moral obligation our communities while eliminating un- far all we have is a one-sided discus- to them to take the steps necessary to necessary spending. sion. The Republicans have led the de- provide a future that doesn’t saddle It takes cooperation across party bate about how to deal with the discre- them with a mountain of debt. lines to meet fiscal challenges and to tionary part of the budget we are deal- By the way, that debt has grown ensure government is both leaner and ing with in this continuing resolution, from about $1,900 per person in 1970 to more effective. and the Republicans have the only pro- $44,000 per person today. Under the We need bipartisan cooperation this posal that has been put forward that President’s budget, 10 years from now, week to prevent a Federal Government deals with the long-term issues of So- it will be $88,000 per person. That is shutdown, which is an irresponsible cial Security, Medicare, Medicaid, and what we are doing to the future of our outcome. tax reform, which, by the way, is an children and grandchildren unless we Keeping the government functioning important issue to our competitiveness take steps to change our direction. for the American people is Congress’s and our ability to grow the economy Mr. President, I yield the floor. core responsibility. and create jobs. All those issues are ad- The PRESIDING OFFICER (Mr. BEN- We must come together to cut spend- dressed in the budget put forward by NET). The Senator from Indiana is rec- ing and support critical priorities, such the House. ognized. as education, that strengthen our econ- What has been put forth by the ad- Mr. COATS. I thank the Chair. omy and support economic develop- ministration is not serious. These are (The remarks of Senator COATS per- ment in North Carolina communities serious times that require serious lead- taining to the introduction of S. 727 are and in communities across America. ership and serious solutions by the located in today’s RECORD under And while I believe we all share the President of this country, and we are ‘‘Statements on Introduced Bills and common goal of reducing our Nation’s not getting that out of the White Joint Resolutions.’’) deficit, we should remember that our House, nor are we getting it out of the Mr. COATS. I yield the floor and I most troubling economic challenges Democratic leadership in the Senate. I suggest the absence of a quorum. cannot be solved in 1 year alone. That is why I am concerned by some hope that will change. I hope my col- The PRESIDING OFFICER. The clerk will call the roll. of the cuts passed by the House. leagues here in the Senate will recog- The House proposal would result in nize and the President will recognize The bill clerk proceeded to call the roll. the loss of some 21,000 North Carolina we can’t afford to wait any longer. jobs and decimate important education We have added over $3 trillion to the Mrs. HAGAN. Mr. President, I ask priorities, like Headstart and invest- Federal debt in the first 2 years of this unanimous consent that the order for ments in historically Black colleges President’s administration, and that the quorum call be rescinded. The PRESIDING OFFICER. Without and universities. number, as I said, will grow by about objection, it is so ordered. Nearly one in five African Americans $12 trillion over the next decade. The Mrs. HAGAN. Mr. President, I rise who earn an undergraduate degree has interest alone that we will pay by the today to urge my colleagues on both a diploma from a historically Black year 2015 will exceed what we spend on sides of the aisle to join together to college or university. North Carolina national security. We will spend more prevent an irresponsible government has 10 4-year HBCUs, more than any on interest on the debt than we actu- shutdown. other state in the country. ally spend on the defense of this coun- The American people did not elect us Funding through the Department of try. That is the trajectory we are on. to shut down the government. Education allows these institutions to We cannot afford for the future of our Democrats and Republicans in both strengthen programs and provide crit- children and grandchildren to stay on the House and the Senate must tighten ical services for students who are often that trajectory. We have to change the the Federal Government’s belt, just among the first in their families to at- direction we are headed in this country like Americans are doing every day at tend college. and it starts now. their kitchen tables. The House would cut funding for So I give great credit to our House As we all know, our escalating na- HBCUs by nearly a quarter below last colleagues. I hope we will be able to get tional debt is our country’s most press- year’s level, a cut that would have a to a meaningful discussion here in the ing problem. Our country’s current fis- disastrous impact on these institutions Senate about how to get spending and cal course is simply unsustainable. and their students, while not even debt under control, how to grow the In just the last 10 years, our Federal scratching the surface of our current economy and create jobs, and how to debt has risen from roughly a third of deficit. rein in the size of the Federal Govern- our gross domestic product to nearly In addition, by insisting on dozens of ment. It seems that, here at least, a lot two-thirds of GDP in 2010. divisive policy riders, House Repub- of my colleagues must be very com- Based on the nonpartisan Congres- licans are disrupting our ability to fortable with spending over 25 percent sional Budget Office estimates, without chart a pragmatic and responsible fis- of our GDP on the Federal Government proactive action by Congress, that per- cal course for the country. We cannot because that is where we are today. As centage will continue to increase over take our eyes off the ball. I said before, the 40-year average is the next 10 years, with public debt ex- The President’s bipartisan fiscal down in the 20- to 21-percent range, pected to reach 90 percent of GDP in commission, cochaired by North Caro- which is where the House Republican 2020. lina’s own Erskine Bowles and former budget would take us. I think it is a Meanwhile, nearly half of our current Senator Alan Simpson, made impor- good starting point. It should trigger, I debt is owned by China and other for- tant progress in beginning to diagnose hope, a discussion in this country. eign creditors. and attack the root causes of our Na- But I certainly hope as well that the It is time for Congress to work to- tion’s fiscal crisis. other side, the Democrats here in the gether to chart a new bipartisan course The bipartisan work of the fiscal Congress and White House, would en- that puts our fiscal house in order. commission is evidence that common gage the debate, would enter this dis- Before coming to the United States ground is possible. cussion. Please, put forward an alter- Senate I served for 10 years as a State Reducing spending will absolutely be native, instead of coming out here and senator in the North Carolina General a part of any comprehensive solution, attacking, and particularly attacking Assembly. but we must begin to have a broader in a way that is misleading and misin- I served as the cochair of the Budget discussion to create meaningful deficit forming. Senior citizens are not im- Committee, and I can tell you that reduction. pacted by this proposal that was put crafting a budget is never easy. There For that reason, I am supporting S. forward today. If you are 55 years or are always difficult choices, and both 211, the Biennial Budgeting and Appro- older, you are not affected by this. You sides have to make sacrifices. priations Act, which was introduced by keep the programs you have today. As a Budget cochair, I worked for 5 my colleagues Senator ISAKSON and What this does, in a meaningful way, is consecutive years to ensure that North Senator SHAHEEN.

VerDate Mar 15 2010 02:43 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.046 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE April 5, 2011 CONGRESSIONAL RECORD — SENATE S2125 This bill would take the Washington- third Republican, a third Democratic, a budget deficit by Denver standards and as-usual politics out of the budgeting third Independent. That consensus that we had to cut 11 percent of our expendi- process. emerged from these meetings on our tures. We met with people living all The bill changes the budget process debt and our deficit is straightforward. throughout the city and county of Den- from the current, annual spending de- It is a three-part test for people in ver. We sought their advice. We estab- bate to a 2-year, deliberative process Colorado. The first is, they want us to lished a set of priorities. We passed it that allows us to work together on come up with a comprehensive solution through a city council. And do you commonsense cuts coupled with sen- that materially addresses the fiscal know what. Denver lived to fight an- sible investments, similar to what challenges this country faces. They do other day. Our economy grew, and North Carolina, which balances its not want a bunch of gimmicks. They do things were pretty good there for a budget every year, already does. not want a bunch of talking points. while, until this current recession. Right now, Congress rarely passes And they do not want people in this When I became superintendent of the the 12 government funding bills by the Chamber or the Chamber on the other Denver Public Schools—as the Pre- end of the fiscal year, and this year we side of the Capitol spending their time siding Officer knows, a district that have been operating on short-term fix scoring political points at the expense year after year after year, for almost a after short-term fix. A biennial budg- of the American people. decade, maybe even longer than that, eting process is part of the long-term So the question they are going to was the poster child for cutting every solution we need to remove partisan- ask, first, when the Presiding Officer single year; every year, people at other ship from the budget. The status quo is and I go back there, I think, is, did you school districts would say: Thank God unacceptable. get to a comprehensive solution—not, we are not the Denver Public Schools— I hope we can continue to work by the way, did you fix it overnight? every year, the Denver Public Schools across party lines, this week and mov- Because they know it cannot be fixed would lose teachers to other districts ing forward, on a bipartisan, com- overnight. But can we be secure in the that could afford to pay them more, prehensive plan for the Nation’s budget idea that we are not going to leave our and every year we cut and we cut and that tackles, head on, our mounting kids and our grandkids what is today we cut as a district. When I became su- debt. $15 trillion in debt and a $1.5 trillion perintendent, one of the cases I made I suggest the absence of a quorum. budget deficit. Because all things being to the school board was: We have pro- The PRESIDING OFFICER. The equal, we wish to allow our kids and found structural problems in our budg- clerk will call the roll. our grandkids to not have their choices et, and instead of approaching the The bill clerk proceeded to call the constrained by our inability to get budget in a way that diminishes the roll. anything done here in Washington. So academic environment for kids, what Mr. BENNET. Mr. President, I ask that is the first test for people in Colo- we ought to be figuring out how to do unanimous consent that the order for rado. is establish a set of priorities and build the quorum call be rescinded. The second test is, they want to a public case to deal with the struc- The PRESIDING OFFICER (Mr. know that any solution we come up tural problems that exist in our budg- UDALL of Colorado). Without objection, with is one where we are all in it to- et. it is so ordered. gether, that everybody in America has Because of the good work of the Mr. BENNET. Mr. President, I had the chance to make a contribution to school board—I should say, the coura- the chance to sit in the chair this solving this fiscal nightmare we face. geous work of the school board—we evening, before you came, and listened They are not interested in pitting one were able to get that done. We were to people on both sides of the aisle talk group of people against another group able to close schools for the first time a little bit about our debt and our def- of people. In fact, that makes them feel in a long time. That is hard work. icit situation, the pending shutdown of suspicious about what we are doing. Those meetings were harder than the Federal Government. I shudder to They want to know we are all in it to- health care townhall meetings, I can think we might actually do that. But it gether, which brings me to the third tell you that. We were able to deal with may happen. I thought I might keep commonsense Colorado point of view the pension liability that our district my senior Senator a little bit of com- on this issue, which is they would like had. And we were able, year after year, pany—the hour is late and the floor is this—in fact, they will insist—the solu- to invest more money, not less, in our empty—to have the chance to talk a tion be a bipartisan solution. Because schools and in our classrooms. And little bit about how we see this from they do not have confidence in one par- now, under the current leadership Colorado. ty’s ideas on this question. That is a there—which I think is doing an excep- Like the Presiding Officer, I have had lucky thing because we have a Repub- tional job—the district no longer is the the chance to travel in one of the most lican-controlled House and we have a poster child for anything except fight- beautiful States in the country over Democratic-controlled Senate, and the ing hard on behalf of the children in the last 2 years, 40,000 miles across the President is a Democrat. We cannot the Denver Public Schools. State of Colorado, having townhall solve this problem in these times with- Here is the thing that drives me meetings in red parts of the State and out it being a bipartisan solution. That crazy about what is going on in the blue parts of the State and, believe it is it. conversation we are having now about or not—and I know the Presiding Offi- If I can go home and say, we materi- this shutdown. There is no way any su- cer would believe it because he is talk- ally addressed the problem, we are all perintendent of schools in Colorado or ing to the same people I am talking to in it together, and it was a bipartisan any school board in Colorado or any and, maybe more important than that, solution, I think people would say: You city council or any mayor—from the listening to the same people I am lis- guys have finally done something. We biggest city to the smallest town— tening to—I think a fairly substantial feel patriotic, as if we have done some- would show up to work and say: We consensus emerged out of those meet- thing useful for our kids. might close the government 2 weeks ings. As the Presiding Officer knows, there from now. It is an option for us that we By the way, in not a single one of are people all over our State—local will not pick up your trash 2 weeks those townhall meetings—not one in 2 government officials—who are Repub- from now or plow the streets—we still years—no matter what part of the licans and Democrats who are making get snow in Colorado at this time of State I was in, would any self-respect- tough decisions about their budgets. I year—or plow the streets 2 weeks from ing cable television producer want to have an incredible amount of sympathy now. We are going to close down. put on cable TV at night. Because we for what they are dealing with. It would not occur to anybody work- do not scream at each other in Colo- I had the great fortune, earlier in my ing in a local government in our State rado. We have our differences. We have career, to serve as the Chief of Staff for to say they were going to do that. Do our disagreements. We have a lot of our now Governor, John Hickenlooper, you know why? Because people would shared values, though, whether we are when he was mayor of Denver. When become unglued, unhinged. They would Democrats or Republicans, tea party John went into that office, and I went say: We hired you to do a job. Work it members, Independents. We are about a in as his Chief of Staff, we faced a huge out. We are doing our jobs—or we are

VerDate Mar 15 2010 02:06 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A05AP6.010 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE S2126 CONGRESSIONAL RECORD — SENATE April 5, 2011 looking for jobs—we don’t have time to There is no easy way to solve any of tural artifact we ought to get rid of. solve these problems. You were hired this. But perhaps the least painful way But that is distinct from the com- to do this job. Work it out. Come to an to think about it is with the most com- prehensive discussion we need to have agreement. Don’t come home and tell prehensive plan—which, by the way, is around here on our deficit and our us you are shutting the government the intuition of people in Colorado, as debt. At the end of the 2-year discus- down, you are not going to pick up the I said earlier today. It gave me great sion I was having, and the beginning of trash, you are not going to plow the confidence that there were a bunch of a new discussion now with Colorado, it snow, you are not going to educate our Republicans and a bunch of Democrats became pretty straightforward what kids. in a room listening to this message and people want, not just on the debt and The idea that as a superintendent—I willing to work together in a bipar- deficit but other things they are con- got in trouble when I closed school for tisan way. cerned about, that we ought to be turn- snow once—once. It turned out to be a I was very fortunate to draft a letter ing our attention to, instead of having great decision because it was one of the that MIKE JOHANNS from Nebraska, a this back and forth about whether we worst blizzards we ever had, but it Republican, cosigned with me that are going to keep the government open. could have gone the other way, because called on the President to engage— It ought to be assumed we are going to people rely on us to do the work we are after this period we are having a dis- keep the government open. supposed to do. They have plans. The cussion about right now with closing We just came off the first decade in idea that at a time when we are fight- the government or keeping it open or the country’s history when median ing wars all across this globe, at a time whatever it is we are going to do—ask- family income fell. It was lower at the when there are governments and coun- ing the President to engage in a con- end of the decade than it was at the be- tries that are trying to seek an eco- versation that is comprehensive that ginning of the decade. It has never been nomic advantage over the United says: You know what. We know this is true before in the United States. For States of America in a global economy going to involve cuts to discretionary families in Colorado, that means they that has shrunk the way ours has spending, both domestic and military. are actually earning less at the end of shrunk, that we would say to ourselves: We know this is going to involve re- the decade than they were at the begin- We are going to pause, we can’t even form of our entitlements. We know it is ning. But their cost of higher edu- keep the government open in this de- going to involve reform of our Tax cation has gone up by more than 40 mocracy, I think would reflect terribly Code as well. percent. Their cost of health care has not on the American people and not on Senator COATS from Indiana was out gone up by more than 100 percent over our democracy, but on this institution here today with a lot of commonsense that period of time. We have created no of government. ideas around how our Tax Code doesn’t net new jobs in the United States or in There is a reason why we are in the drive innovation, competition and Colorado since 1998. People would like basement as an institution in terms of growth and he is right about that. to see that turned around. There is a lot of work to be done, and polling. Why should people have con- People would like to see us working I have every confidence it can happen. fidence in an institution that cannot together on a Tax Code that drives in- That letter we wrote turned out to actually even keep running in the novation to make sure we don’t have have 64 signatures on it. Sixty-four short term? I think it is important, regulations that unnecessarily stifle people signed that letter. That is more based on the conversation I heard to- economic growth. They would like to than the 60 required to pass a piece of night here on both sides of the aisle, see that. for the American people to understand legislation. That is a majority of the They would like us to break our reli- this debate about this government Democrats in the Senate. It is a major- ance on foreign oil from the Persian shutdown is not a debate about our def- ity of the Republicans in the Senate. I Gulf. Even before what has happened in icit and our debt, not really. It has know it is just a letter, but it reflects the Middle East and in Libya occurred been about scoring political points. what I believe to be true about what What I want to say is I hope and I people in this body believe, which is in the last month or so—even before would encourage the leadership on both that we can solve this issue. We can that—people were saying to me: Mi- sides of the aisle here, the leadership in solve this problem, but we are only chael, we don’t think it makes much the House, and our President to find a going to be able to do it if we do it to- sense for us to be buying oil from the way to work it out and to make sure gether. We are only going to be able to Persian Gulf. We don’t understand why we keep this government open. I think do it if we get to a place where we are we have an energy policy that requires closing it sends entirely the wrong no longer as concerned about winning us to ship billions of dollars a week to message. I know there are people on political points as we are about actu- the Persian Gulf to buy oil when we both sides of the aisle here who believe ally addressing the problem. I have could be investing that money devel- that. I hope people do absolutely every- confidence we can do it. oping our energy resources here in the thing they can do between now and the Someone said to me today: You seem United States. That is work we could end of this week to make sure we send to be a guy who feels as though the be doing together in a bipartisan way. a message that we are not as dysfunc- Senate is dysfunctional. You have a As the President knows, I have a pas- tional as we appear to be. Because I reputation for believing the Senate is sion for public education, as do the think this place ought to meet the dysfunctional. I will confess there are people who are living in Colorado, and standard that people at the local level days when I wonder, and there are days they know we are not getting the job of government are held to in our State. when I feel as though it is dysfunc- done there either. We have before us No business would say: I don’t know, tional. But on this set of issues, I think the reauthorization of No Child Left maybe we will close for 2 weeks or the Senate can shine. On this set of Behind, but somehow we can’t move close for a month. They are figuring issues, I think this is the place where that forward. Teachers and kids and out how to invest and grow even in this leadership can take hold and where we principals and moms and dads all over challenging economy. We should be can create a bipartisan solution. The our State are expecting us to get that doing the same. people of Colorado, and I think the work done. We have to find a way to Mr. President, you and I were in a American people, expect us to do ev- educate our kids for the 21st century meeting this morning. We started erything we can to get this done. economy that hopefully we will build today at 8 o’clock in the morning, with There are two conversations going on for them, and we are not getting the 33 Senators, Republicans and Demo- simultaneously, and I thought it was job done. crats, who came together to hear some important to point out that one is As I said on the floor the other day, very thoughtful observations about about the very short-term issue—what if we look at this question from the how important it is we come to a com- we are going to do with this continuing perspective of poor children living in prehensive solution to deal with our budget. By the way, no one in Colorado our home State of Colorado or all deficit and to deal with our debt. We would stand for the idea that you don’t across the United States of America, heard an important presentation about pass a budget in the year you are in, and if we think about this room we are how there is no silver bullet here. but that is another Washington cul- in right now and the fact that there are

VerDate Mar 15 2010 02:06 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.049 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE April 5, 2011 CONGRESSIONAL RECORD — SENATE S2127 100 desks that don’t belong to 100 Sen- We can’t afford to have an economy knowingly violated his or her non- ators because they belong to the Amer- where median income is falling. We disclosure agreement and disclosed ican people but where 100 Senators sit can’t afford to have an economy that is classified information. and work, if these desks reflected the not creating jobs. We can’t afford to I share my colleagues’ frustration re- odds of poor children living in our carry a debt and deficit burden that at garding unauthorized disclosures, or country succeeding educationally, some point the capital markets are ‘‘leaks,’’ of classified information. things would look pretty grim in here. going to look at and say: We are not fi- Leaks are a problem that has plagued Forty-two out of the one hundred nancing you anymore. We can’t afford intelligence agencies throughout mod- chairs in this place would be occupied to fail to educate children in this coun- ern history—they can undermine intel- by a child living in poverty—42. By the try just because they are poor. I also ligence operations, jeopardize intel- time our children in poverty got to the think we can’t afford to have an energy ligence sources and methods, and have eighth grade, only 16 kids would be policy that commits us to a dependence a terrible impact on the lives of covert reading at grade level. That is four and on oil in the Persian Gulf. I think the agents who are publicly exposed. Every four, four—that is about 16 desks. The people of Colorado and across this Member of Congress, myself included, rest of this Senate Chamber would be country are expecting us to do our wants to find new ways to identify and full of children who couldn’t read at jobs, just as they are doing their jobs. appropriately punish individuals who grade level in the eighth grade today in I say again, I hope the leadership of illegally disclose classified informa- the 21st century in the United States of both parties, working in good faith, tion. I personally spent 4 years work- America. By the time our poor children can keep this government open, and I ing on legislation to increase the would be graduating from college, only hope we can move on to a broader and criminal penalty for people who are nine would be graduating from col- more comprehensive conversation convicted of deliberately exposing cov- lege—these two rows and that chair around debt, around deficit, around our ert agents. And I am proud to say that right there. The rest of this Chamber economy, and around the education of with help from a number of my Repub- would have no college degree. In a glob- our kids. lican and Democratic colleagues, this al economy requiring that as a path- f legislation was finally signed into law way to the middle class, to meaningful last year. So I don’t take a backseat to participation in the democracy, to NOTICE OF INTENT TO OBJECT anybody when it comes to getting meaningful participation in this global Mr. WYDEN. Mr. President, I would tough on leaks. economy, 91 people in this place would like to briefly address the intelligence I agree that increasing penalties for be shut out because they were born authorization bill for fiscal year 2011, particular offenses can sometimes have into a ZIP Code that is poor. Those which has now been reported by the In- a deterrent effect on those who might odds look pretty wrong to the kids who telligence Committee. I filed additional otherwise be tempted to leak, so I sup- are living in those neighborhoods. views to the committee report accom- port the creation of new consequences I have spent a lot of time with our panying the bill, and my remarks for individuals who have been con- kids in those neighborhoods, not just today will include a brief summary of victed of illegally divulging classified in Colorado but all across the United those views. information. But when it comes to States of America. They think we have I have now been a member of the leakers, the biggest challenge is not already made a promise to them, that Senate Intelligence Committee for over determining how to punish them as they live in a land of opportunity that a decade—Senator FEINSTEIN, Senator much as it is identifying who they are. is going to reward their hard work, and ROCKEFELLER and I all began serving Given these challenges, my concern if they stick with it, they are going to on the committee at the beginning of is that giving intelligence agency end up with a college degree. That is 2001, which I believe makes us the com- heads the authority to take away the what they believe. We may have made mittee’s longest-serving current mem- pensions of individuals who haven’t that promise, but we certainly haven’t bers. In my time on the committee, I been formally convicted of any wrong- followed through on that commitment. have become quite familiar with the doing could pose serious problems for Why should that matter to us? Some intelligence authorization process. the due process rights of intelligence people look at that and say: Well, it is It has now been almost 7 years since professionals, and particularly the someone else’s problem. I don’t need to an intelligence authorization bill was rights of whistleblowers who report worry about it. McKinsey has done a signed into law during the fiscal year it waste, fraud and abuse to Congress or study that shows us that the effect of was intended to cover, and although inspectors general. those outcomes is to create a perma- the 2011 fiscal year is now over halfway Section 403—as approved by the Se- nent recession in the United States. over, Congress still has an opportunity lect Committee on Intelligence—gives The effect of that dropout rate creates to provide useful guidance and direc- intelligence agency heads the power to a permanent recession in the United tion regarding intelligence spending take pension benefits away from any States. That actually is about the for this fiscal year. The fiscal year 2011 employee that an agency head ‘‘deter- same as the recession we just went intelligence authorization bill is the mines’’ has knowingly violated their through, which means if we are con- product of substantial labor by both nondisclosure agreement. But as I cerned with economic growth in the Chairman FEINSTEIN and Vice Chair- pointed out to my colleagues during United States, we need to concern our- man CHAMBLISS, as well as their respec- the committee markup of this bill, nei- selves with the educational outcomes tive staff, and I commend them both ther the DNI nor any of the intel- our kids in poverty are facing. If we are for their efforts and for the bipartisan ligence agency heads have asked Con- concerned with income inequality in manner in which they have worked to gress for this authority. Moreover, as the United States, we need to be con- put it together. of today none of the intelligence agen- cerned with the outcomes I just de- Unfortunately, I have very serious cies have officially told Congress how scribed. concerns about one provision of this they would interpret this language. Last year, the top 1 percent of in- bill, and that is why I voted against it It is entirely unclear to me what come earners in this country earned 23 during the committee markup last standard agency heads would use to percent of the income—almost one- month. ‘‘determine’’ that a particular em- quarter of the income. The last time Section 403 of this bill would author- ployee was guilty of disclosing infor- that was true was 1928. That doesn’t ize the Director of National Intel- mation. It seems clear that section 403 lead me to conclude that somehow we ligence, DNI, to establish an adminis- gives agency heads the power to make should redistribute it, but it does lead trative process under which the DNI this determination themselves, with- me to conclude that we ought to fix and the heads of the various intel- out going to a court of law, but the lan- our education system so more people ligence agencies would have the au- guage of the provision provides vir- have the chance to put themselves and thority to take away the pension bene- tually no guidance about what stand- their families into the middle class. fits of an intelligence agency em- ard should be used, or even whether We can’t afford in this country to re- ployee, or a former employee, if they this standard could vary from one peat the decade we just went through. ‘‘determine’’ that the employee has agency to the next. And no agency

VerDate Mar 15 2010 02:06 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.050 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE S2128 CONGRESSIONAL RECORD — SENATE April 5, 2011 heads have yet told Congress what zealous and even unscrupulous individ- RECOLLECTIONS OF PRESIDENT standard they believe they would be in- uals have served in senior government RICHARD W. LARIVIERE, UNI- clined or required to use. This means positions in the past, and will undoubt- VERSITY OF OREGON that if an agency head ‘‘determines’’ edly do so again in the future. This is Mr. WYDEN. Mr. President, recently, that a particular individual is respon- why it is essential to have strong pro- the president of the University of Or- sible for a particular anonymous publi- tections for whistleblowers enshrined egon, Richard Lariviere, came to meet cation, he or she could conceivably in law, and this is particularly true for with me in my office. The University of take action to revoke that individual’s intelligence whistleblowers, since, Oregon is my law school alma mater, pension benefits even if the agency given the covert nature of intelligence and I was commiserating with Presi- does not have enough proof to convict operations and activities, there are dent Lariviere about the Ducks’ nar- the employee in court. row loss in the BCS national champion- Section 403 states that agency heads limited opportunities for public over- ship football game. President Lariviere must act ‘‘in a manner consistent with sight. But reporting fraud and abuse by told me about a wonderful speech that the due process and appeal rights oth- one’s own colleagues takes courage, erwise available to an individual who is and no whistleblowers will come for- Coach Chip Kelly gave to his players after the game. I asked President subject to the same or similar discipli- ward if they do not believe that they Lariviere to share the story with me in nary action under other law.’’ But fed- will be protected from retaliation. eral agencies do not normally take writing; and with his permission and Finally, I am somewhat perplexed by away the pension benefits of former that of Coach Kelly, I would like now the fact that section 403 creates a spe- employees unless they are convicted of to share that story with my colleagues: a crime or begin openly working for a cial avenue of punishment that only Recollections of President Lariviere: foreign government. I do not believe applies to accused leakers who have On January 10, 2011 when the final whistle ended the BCS national championship foot- that this ‘‘otherwise available’’ lan- worked directly for an intelligence agency at some point in their careers. ball championship game, the University of guage is intended to require the gov- Oregon was behind by three points—three ernment to get a criminal conviction, There are literally thousands of em- points scored by our friends from Auburn in but beyond that I am not at all sure ployees at the Departments of Defense, the final two seconds of the game. what impact this language is supposed State and Justice, as well as the White The UO players made their way to the to have and I am not sure that the var- House, who have access to sensitive in- locker room, disappointed needless-to-say. ious intelligence agency heads will formation. Some of the most serious Coach Chip Kelly talked to his players, and know what it means either. This only his remarks were just what any university leaks of the past few decades have un- president would want to hear from a head increases my concern that this provi- doubtedly been made by individuals coach, made more remarkable and emotional sion could be used to undermine or vio- working for these organizations. I do because of the magnitude and unprecedented late the due process rights of intel- not see an obvious justification for sin- nature of the moment. ligence agency employees, with a cor- gling out intelligence community em- With the team gathered around him, Coach responding impact on their family ployees, particularly in the absence of Kelly told these student athletes that they had played a great game, that he was proud members and dependents. evidence that these employees are re- I am also especially troubled that of them, and that he could not have asked sponsible for a disproportionate num- section 403 is silent regarding disclo- for more. Then he said this: ber of leaks. And I am concerned that ‘‘In ten minutes the media will come in sures to Congress and inspectors gen- here and they’re going to ask you how you eral. Everyone hopes that intelligence it will be harder to attract qualified in- dividuals to work for intelligence agen- feel. They’re going to tell you that this is a agency managers and supervisors will defining moment in your lives. I want you to act honorably and protect whistle- cies if Congress creates the perception know that this is not a defining moment in blowers who come forward and go that intelligence officers have fewer your lives. You are young men who play through proper channels to report due process rights than other govern- football, but football does not define you. A waste, fraud and abuse in national se- ment employees. defining moment will be when you graduate, curity agencies, but this is unfortu- when you marry, when you have children. Withholding pension benefits from Those are the moments that define your nately not always the reality. There individuals who are convicted of dis- lives.’’ are existing laws in place that are in- closing classified information will Then Coach Kelly turned to each of the tended to protect whistleblowers who often be an appropriate punishment. seniors and reminded them of the promise provide information to Congress and This punishment is already established they made to him that they would graduate. inspectors general—and I believe that In that locker room with a team that ac- in existing laws, and I would be in- these laws should be strengthened—but complished what no other Oregon football clined to support efforts to clarify or section 403 does not specify whether it team had ever done, Coach Chip Kelly rep- would supersede these existing statutes strengthen these laws. But I am not in- resented the very best values that have come clined to give agency heads broad au- to be associated with the University of Or- or not. I know that none of my col- egon: bold and audacious, hard working and leagues would deliberately do anything thority to take away the pensions of individuals who have not been con- high achieving, and a focus on what really to undermine protections for legiti- matters. mate whistleblowers, but I think it was victed of wrongdoing, particularly March 2011 when the agency heads themselves a mistake for the Intelligence Com- f mittee to report this bill without hear- have not even told Congress how they ing the intelligence agencies’ views on would interpret and implement this au- VOTE EXPLANATIONS whether or not they believe that sec- thority. This is why I voted against Mr. REED. Mr. President, due to my tion 403 would impact existing whistle- this authorization bill. All of my col- flight from Rhode Island being delayed, blower protections. leagues and I agree that illegal leaks I was unavoidably absent for vote No. It is unfortunately entirely plausible are a serious problem, but this does not 47, the confirmation of Jimmie V. to me that a given intelligence agency mean that anything at all that is done Reyna, of Maryland, to be United could conclude that a written submis- in the name of stopping leaks is nec- States Circuit Judge for the Federal sion to the congressional intelligence essarily wise policy. Circuit. Had I been present, I would committees or an agency inspector have voted to confirm this nomination. general is an ‘‘unauthorized publica- I look forward to working with my Ms. STABENOW. Mr. President, yes- tion,’’ and that the whistleblower who colleagues to amend this bill, and I am terday, because I had the flu, I was not submitted it is thereby subject to pun- hopeful that they will be willing to able to attend rollcall vote No. 47, to ishment under section 403, especially modify or remove section 403 to address confirm Jimmie V. Reyna, of Mary- since there is no explicit language in the concerns I have raised. In the land, to be United States Circuit Judge the bill that contradicts this conclu- meantime, I should be clear that it is for the Federal Circuit. sion. Withholding pension benefits my intention to object to any request Mr. Reyna’s nomination was given from a legitimate whistleblower would to pass the current version of the bill the highest possible rating by the be highly inappropriate, but over- by unanimous consent. American Bar Association, and his

VerDate Mar 15 2010 02:43 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.025 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE April 5, 2011 CONGRESSIONAL RECORD — SENATE S2129 nomination was reported out of the Ju- a rule entitled ‘‘Airworthiness Directives; President of the Senate on April 4, 2011; to diciary Committee unanimously. With Various Transport Category Airplanes the Committee on Environment and Public over 30 years of private practice experi- Equipped with Chemical Oxygen Generators Works. Installed in a Lavatory’’ ((RIN2120– EC–1218. A communication from the Direc- ence, I believe he will be an excellent AA64)(Docket No. FAA–2011–0157)) received tor of the Regulatory Management Division, addition to the Federal circuit. If I had in the Office of the President of the Senate Office of Policy, Environmental Protection been present, I would have voted aye on April 4, 2011; to the Committee on Com- Agency, transmitting, pursuant to law, the on this nomination. merce, Science, and Transportation. report of a rule entitled ‘‘Clean Alternative EC–1211. A communication from the Senior Fuel Vehicle and Engine Conversions’’ (FRL f Program Analyst, Federal Aviation Adminis- No. 9289–7) received in the Office of the Presi- MESSAGE FROM THE HOUSE tration, Department of Transportation, dent of the Senate on April 4, 2011; to the transmitting, pursuant to law, the report of Committee on Environment and Public At 10:03 a.m., a message from the a rule entitled ‘‘Amendment of Class E Air- Works. House of Representatives, delivered by space and Revocation of Class E Airspace; EC–1219. A communication from the Direc- Mrs. Cole, one of its reading clerks, an- Easton, MD’’ ((RIN2120–AA66)(Docket No. tor of the Regulatory Management Division, nounced that the House has passed the FAA–2010–0936)) received in the Office of the Office of Policy, Environmental Protection following bill, in which it requests the President of the Senate on April 4, 2011; to Agency, transmitting, pursuant to law, the concurrence of the Senate: the Committee on Commerce, Science, and report of a rule entitled ‘‘National Emission Transportation. Standards for Hazardous Air Pollutant Emis- H.R. 1246. An act to reduce the amounts EC–1212. A communication from the Acting sions: Group I Polymers and Resins; Marine otherwise to be appropriated to the Depart- Director, Office of Sustainable Fisheries, De- Tank Vessel Loading Operations; Pharma- ment of Defense for printing and reproduc- partment of Commerce, transmitting, pursu- ceuticals Production; and The Printing and tion. ant to law, the report of a rule entitled Publishing Industry’’ (FRL No. 9291–3) re- f ‘‘Fisheries of the Caribbean, Gulf of Mexico, ceived in the Office of the President of the and South Atlantic; Coastal Migratory Pe- Senate on April 4, 2011; to the Committee on MEASURES REFERRED lagic Resources of the Gulf of Mexico and Environment and Public Works. The following bill was read the first South Atlantic; Closure’’ (RIN0648–XA264) re- EC–1220. A communication from the Direc- ceived in the Office of the President of the tor of the Regulatory Management Division, and the second times by unanimous Senate on March 31, 2011; to the Committee Office of Policy, Environmental Protection consent, and referred as indicated: on Commerce, Science, and Transportation. Agency, transmitting, pursuant to law, the H.R. 1246. An act to reduce the amounts EC–1213. A communication from the Assist- report of a rule entitled ‘‘Approval and Pro- otherwise authorized to be appropriated to ant General Counsel for Legislation, Regula- mulgation of Air Quality Implementation the Department of Defense for printing and tion and Energy Efficiency, Department of Plans; Ohio; Volatile Organic Compound reproduction; to the Committee on Armed Energy, transmitting, pursuant to law, the Emission Control Measures for Lithographic Services. report of a rule entitled ‘‘Energy Conserva- and Letterpress Printing in Cleveland’’ (FRL tion Program for Consumer Products: Deci- No. 9285–4) received in the Office of the Presi- f sion and Order Granting 180-Day Extension dent of the Senate on April 4, 2011; to the MEASURES READ THE FIRST TIME of Compliance Date for Residential Furnaces Committee on Environment and Public and Boilers Test Procedure Amendments’’ Works. The following bill was read the first (RIN1904–AB89) received in the Office of the EC–1221. A communication from the Direc- time: President of the Senate on April 4, 2011; to tor of the Regulatory Management Division, H.R. 1255. An act to prevent a shutdown of the Committee on Energy and Natural Re- Office of Policy, Environmental Protection the government of the United States, and for sources. Agency, transmitting, pursuant to law, the other purposes. EC–1214. A communication from the Direc- report of a rule entitled ‘‘Oklahoma: Final tor of Congressional Affairs , Nuclear Regu- Authorization of State Hazardous Waste f latory Commission, transmitting, pursuant Management Program Revision’’ (FRL No. EXECUTIVE AND OTHER to law, the report of a rule entitled ‘‘Control 9291–1) received in the Office of the President of the Processing and Use of Stainless Steel’’ COMMUNICATIONS of the Senate on April 4, 2011; to the Com- (Regulatory Guide 1.44, Revision 1) received mittee on Environment and Public Works. The following communications were in the Office of the President of the Senate EC–1222. A communication from the Chief laid before the Senate, together with on April 4, 2011; to the Committee on Envi- of the Publications and Regulations Branch, accompanying papers, reports, and doc- ronment and Public Works. Internal Revenue Service, Department of the EC–1215. A communication from the Direc- uments, and were referred as indicated: Treasury, transmitting, pursuant to law, the tor of the Regulatory Management Division, report of a rule entitled ‘‘Withdrawal of Reg- EC–1207. A communication from the Con- Office of Policy, Environmental Protection ulations Related to Validity and Priority of gressional Review Coordinator, Animal and Agency, transmitting, pursuant to law, the Federal Tax Lien’’ (RIN1545–BG13) received Plant Health Inspection Service, Department report of a rule entitled ‘‘Approval and Pro- in the Office of the President of the Senate of Agriculture, transmitting, pursuant to mulgation of Implementation Plans: Ala- on April 4, 2011; to the Committee on Fi- law, the report of a rule entitled ‘‘Removal bama: Final Disapproval of Revisions to the nance. of the List of Ports of Embarkation and Ex- Visible Emissions Rule’’ (FRL No. 9290–3) re- EC–1223. A communication from the Chief port Inspection Facilities From the Regula- ceived in the Office of the President of the of the Publications and Regulations Branch, tions’’ ((RIN0579–AD25)(Docket No. APHIS– Senate on April 4, 2011; to the Committee on Internal Revenue Service, Department of the 2009–0078)) received in the Office of the Presi- Environment and Public Works. Treasury, transmitting, pursuant to law, the dent of the Senate on April 4, 2011; to the EC–1216. A communication from the Direc- report of a rule entitled ‘‘Nonconventional Committee on Agriculture, Nutrition, and tor of the Regulatory Management Division, Source Fuel Credit, Section 45K Inflation Forestry. Office of Policy, Environmental Protection Adjustment Factor, and Section 45K Ref- EC–1208. A communication from the Direc- Agency, transmitting, pursuant to law, the erence Price’’ (Notice 2011–30) received in the tor of the Regulatory Management Division, report of a rule entitled ‘‘Standards of Per- Office of the President of the Senate on April Office of Policy, Environmental Protection formance for New Stationary Sources and 4, 2011; to the Committee on Finance. Agency, transmitting, pursuant to law, the Emissions Guidelines for Existing Sources: EC–1224. A communication from the Chief report of a rule entitled ‘‘Ethiprole; Pes- Hospital/Medical/Infectious Waste Inciner- of the Publications and Regulations Branch, ticide Tolerances’’ (FRL No. 8863–1) received ators’’ (FRL No. 9289–6) received in the Office Internal Revenue Service, Department of the in the Office of the President of the Senate of the President of the Senate on April 4, Treasury, transmitting, pursuant to law, the on April 4, 2011; to the Committee on Agri- 2011; to the Committee on Environment and report of a rule entitled ‘‘Taxpayer Assist- culture, Nutrition, and Forestry. Public Works. ance Orders’’ (RIN1545–BF33) received in the EC–1209. A communication from the Direc- EC–1217. A communication from the Direc- Office of the President of the Senate on April tor of the Regulatory Management Division, tor of the Regulatory Management Division, 4, 2011; to the Committee on Finance. Office of Policy, Environmental Protection Office of Policy, Environmental Protection EC–1225. A communication from the Chief Agency, transmitting, pursuant to law, the Agency, transmitting, pursuant to law, the of the Publications and Regulations Branch, report of a rule entitled ‘‘Hexythiazox; Pes- report of a rule entitled ‘‘LAND DISPOSAL Internal Revenue Service, Department of the ticide Tolerances’’ (FRL No. 8868–6) received RESTRICTIONS: Site-Specific Treatment Treasury, transmitting, pursuant to law, the in the Office of the President of the Senate Variance for Hazardous Selenium-Bearing report of a rule entitled ‘‘Puerto Rican Ex- on April 4, 2011; to the Committee on Agri- Waste Treated by U.S. Ecology Nevada in cise Tax’’ (Notice 2011–29) received in the Of- culture, Nutrition, and Forestry. Beatty, NV and Withdrawal of Site-Specific fice of the President of the Senate on April EC–1210. A communication from the Senior Treatment Variance for Hazardous Sele- 4, 2011; to the Committee on Finance. Program Analyst, Federal Aviation Adminis- nium-Bearing Waste Issued to Chemical EC–1226. A communication from the Direc- tration, Department of Transportation, Waste Management in Kettleman Hills, CA’’ tor, Office of Regulations, Social Security transmitting, pursuant to law, the report of (FRL No. 9290–6) received in the Office of the Administration, transmitting, pursuant to

VerDate Mar 15 2010 02:06 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G05AP6.014 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE S2130 CONGRESSIONAL RECORD — SENATE April 5, 2011 law, the report of a rule entitled ‘‘Revised and second times by unanimous con- price for drugs and biologicals under Medi- Medical Criteria for Evaluating Endocrine sent, and referred as indicated: care; to the Committee on Finance. Disorders’’ (RIN0960–AD78) received in the Office of the President of the Senate on April By Mr. VITTER (for himself, Mr. PAUL, f Mr. LEE, and Mr. MORAN): 4, 2011; to the Committee on Finance. SUBMISSION OF CONCURRENT AND EC–1227. A communication from the Acting S. 723. A bill to amend section 301 of the Assistant Secretary, Bureau of Legislative Immigration and Nationality Act to clarify SENATE RESOLUTIONS Affairs, Department of State, transmitting, those classes of individuals born in the The following concurrent resolutions pursuant to law, a report relative to U.S. United States who are nationals and citizens and Senate resolutions were read, and of the United States at birth; to the Com- support for Taiwan’s participation as an ob- referred (or acted upon), as indicated: server at the 64th World Health Assembly mittee on the Judiciary. and in the work of the World Health Organi- By Mrs. HUTCHISON (for herself, Ms. By Mr. BURR (for himself and Mrs. zation; to the Committee on Foreign Rela- SNOWE, Mr. INHOFE, Ms. MURKOWSKI, MURRAY): tions. Mr. HOEVEN, and Mr. CASEY): S. Res. 130. A resolution designating April EC–1228. A communication from the Acting S. 724. A bill to appropriate such funds as 5, 2011, as ‘‘Gold Star Wives Day’’; considered Assistant Secretary, Bureau of Legislative may be necessary to ensure that members of and agreed to. Affairs, Department of State, transmitting, the Armed Forces, including reserve compo- By Mr. AKAKA (for himself and Mr. pursuant to the Arms Export Control Act, nents thereof, and supporting civilian and INOUYE): the certification of a proposed amendment to contractor personnel continue to receive pay S. Res. 131. A resolution designating April a technical assistance agreement for the ex- and allowances for active service performed 2011 as ‘‘Tsunami Awareness Month.’’; con- port of defense articles, to include technical when a funding gap caused by the failure to sidered and agreed to. data, and defense services to support the enact interim or full-year appropriations for f LITENING Advanced Targeting Pod and the Armed Forces occurs, which results in Rafael RecceLite/RecceM Pods for the Com- the furlough of non-emergency personnel and ADDITIONAL COSPONSORS monwealth of Australia in the amount of the curtailment of Government activities $50,000,000 or more; to the Committee on For- and services; to the Committee on Appro- S. 73 eign Relations. priations. At the request of Mr. SANDERS, the EC–1229. A communication from the Ad- By Mr. ISAKSON: name of the Senator from Hawaii (Mr. ministrator of the Small Business Adminis- S. 725. A bill to amend title XVIII of the AKAKA) was added as a cosponsor of S. tration, transmitting, pursuant to law, a re- Social Security Act to provide for coverage, port relative to the No FEAR Act for fiscal 73, a bill to provide for an earlier start as supplies associated with the injection of for State health care coverage innova- year 2010; to the Committee on Homeland Se- insulin, of containment, removal, decon- curity and Governmental Affairs. tamination and disposal of home-generated tion waivers under the Patient Protec- EC–1230. A communication from the Direc- needles, syringes, and other sharps through a tion and Affordable Care Act, and for tor, Office of Equal Employment Oppor- other purposes. tunity and Diversity, U.S. Patent and Trade- sharp container, decontamination/destruc- mark Office, transmitting, pursuant to law, tion device, or sharps-by-mail program or S. 102 a report relative to the No FEAR Act for fis- similar program under part D of the Medi- At the request of Mr. MCCAIN, the cal year 2010; to the Committee on Homeland care program; to the Committee on Finance. name of the Senator from Massachu- Security and Governmental Affairs. By Mr. RUBIO: S. 726. A bill to rescind $45 billion of unob- setts (Mr. KERRY) was added as a co- EC–1231. A communication from the In- sponsor of S. 102, a bill to provide an spector General of the Pension Benefit Guar- ligated discretionary appropriations, and for anty Corporation, transmitting, pursuant to other purposes; to the Committee on the optional fast-track procedure the law, the Inspector General’s Semiannual Re- Budget. President may use when submitting re- port to Congress for the period from April 1, By Mr. WYDEN (for himself, Mr. scission requests, and for other pur- 2010, through September 30, 2010; to the Com- COATS, and Mr. BEGICH): poses. mittee on Homeland Security and Govern- S. 727. A bill to amend the Internal Rev- S. 210 mental Affairs. enue Code of 1986 to make the Federal in- At the request of Mr. COBURN, the f come tax system simpler, fairer, and more fiscally responsible, and for other purposes; name of the Senator from North Caro- REPORTS OF COMMITTEES to the Committee on Finance. lina (Mr. BURR) was added as a cospon- The following reports of committees By Mr. JOHNSON of South Dakota: sor of S. 210, a bill to amend title 44, were submitted: S. 728. A bill to grant a Federal charter to United States Code, to eliminate the the National American Indian Veterans, In- By Mr. LEAHY, from the Committee on mandatory printing of bills and resolu- corporated; to the Committee on the Judici- tions for the use of offices of Members the Judiciary: ary. Report to accompany S. 193, a bill to ex- By Mr. ENSIGN (for himself and Mr. of Congress. tend the sunset of certain provisions of the S. 211 USA PATRIOT Act, and for other purposes REID): (Rept. No. 112–13). S. 729. A bill to validate final patent num- At the request of Mr. ISAKSON, the ber 27-2005-0081, and for other purposes; to names of the Senator from North Caro- f the Committee on Energy and Natural Re- lina (Mrs. HAGAN), the Senator from sources. EXECUTIVE REPORTS OF Iowa (Mr. GRASSLEY), the Senator from COMMITTEES By Ms. MURKOWSKI (for herself and Mr. BEGICH): Oklahoma (Mr. INHOFE) and the Sen- The following executive reports of S. 730. A bill to provide for the settlement ator from Wyoming (Mr. BARRASSO) nominations were submitted: of certain claims under the Alaska Native were added as cosponsors of S. 211, a By Mrs. BOXER for the Committee on En- Claims Settlement Act, and for other pur- bill to provide for a biennial budget vironment and Public Works. poses; to the Committee on Energy and Nat- process and a biennial appropriations *Daniel M. Ashe, of Maryland, to be Direc- ural Resources. process and to enhance oversight and tor of the United States Fish and Wildlife By Mr. BEGICH (for himself, Mr. TEST- performance of the Federal Govern- Service. ER, Mrs. MURRAY, Mr. WYDEN, and ment. By Mr. CONRAD for the Committee on the Mr. LEAHY): Budget. S. 731. A bill to amend title 37, United S. 217 *Heather A. Higginbottom, of the District States Code, to provide travel and transpor- At the request of Mr. DEMINT, the of Columbia, to be Deputy Director of the Of- tation allowances for members of the reserve fice of Management and Budget. name of the Senator from Arkansas components for long distance and certain (Mr. BOOZMAN) was added as a cospon- *Nomination was reported with rec- other travel to inactive duty training; to the sor of S. 217, a bill to amend the Na- ommendation that it be confirmed sub- Committee on Armed Services. tional Labor Relations Act to ensure ject to the nominee’s commitment to By Mr. UDALL of New Mexico: the right of employees to a secret bal- respond to requests to appear and tes- S. 732. A bill to improve billing disclosures lot election conducted by the National tify before any duly constituted com- to cellular telephone consumers; to the Com- mittee on Commerce, Science, and Transpor- Labor Relations Board. mittee of the Senate. tation. S. 248 f By Mr. ROBERTS (for himself and Ms. At the request of Mr. WYDEN, the STABENOW): INTRODUCTION OF BILLS AND name of the Senator from Hawaii (Mr. JOINT RESOLUTIONS S. 733. A bill to amend part B of title XVIII of the Social Security Act to exclude cus- AKAKA) was added as a cosponsor of S. The following bills and joint resolu- tomary prompt pay discounts from manufac- 248, a bill to allow an earlier start for tions were introduced, read the first turers to wholesalers from the average sales State health care coverage innovation

VerDate Mar 15 2010 02:43 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A05AP6.018 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE April 5, 2011 CONGRESSIONAL RECORD — SENATE S2131 waivers under the Patient Protection sor of S. 567, a bill to amend the small, S. 720 and Affordable Care Act. rural school achievement program and At the request of Mr. THUNE, the S. 375 the rural and low-income school pro- names of the Senator from Alabama At the request of Mr. BARRASSO, the gram under part B of title VI of the El- (Mr. SESSIONS), the Senator from Ne- name of the Senator from Utah (Mr. ementary and Secondary Education braska (Mr. JOHANNS), the Senator HATCH) was added as a cosponsor of S. Act of 1965. from Arkansas (Mr. BOOZMAN), the Sen- 375, a bill to authorize the Secretary of S. 576 ator from Nevada (Mr. ENSIGN), the Agriculture and the Secretary of the At the request of Mr. HARKIN, the Senator from Wisconsin (Mr. JOHNSON), Interior to enter into cooperative name of the Senator from Oregon (Mr. the Senator from Maine (Ms. COLLINS), agreements with State foresters au- WYDEN) was added as a cosponsor of S. the Senator from Pennsylvania (Mr. thorizing State foresters to provide 576, a bill to amend the Elementary TOOMEY), the Senator from Utah (Mr. certain forest, rangeland, and water- and Secondary Education Act of 1965 to LEE), the Senator from Wyoming (Mr. shed restoration and protection serv- improve standards for physical edu- BARRASSO), the Senator from Kansas ices. cation. (Mr. ROBERTS), the Senator from Idaho S. 382 S. 595 (Mr. CRAPO), the Senator from Georgia At the request of Mr. UDALL of Colo- At the request of Mrs. MURRAY, the (Mr. ISAKSON), the Senator from Geor- rado, the names of the Senator from name of the Senator from North Da- gia (Mr. CHAMBLISS), the Senator from Idaho (Mr. RISCH) and the Senator from kota (Mr. CONRAD) was added as a co- North Carolina (Mr. BURR), the Senator New Hampshire (Mrs. SHAHEEN) were sponsor of S. 595, a bill to amend title from Florida (Mr. RUBIO), the Senator added as cosponsors of S. 382, a bill to VIII of the Elementary and Secondary from Texas (Mr. CORNYN), the Senator amend the National Forest Ski Area Education Act of 1965 to require the from Utah (Mr. HATCH), the Senator Permit Act of 1986 to clarify the au- Secretary of Education to complete from Oklahoma (Mr. COBURN), the Sen- thority of the Secretary of Agriculture payments under such title to local edu- ator from South Carolina (Mr. regarding additional recreational uses cational agencies eligible for such pay- DEMINT), the Senator from Oklahoma of National Forest System land that is ments within 3 fiscal years. (Mr. INHOFE), the Senator from Ten- subject to ski area permits, and for S. 605 nessee (Mr. ALEXANDER), the Senator other permits. At the request of Mr. GRASSLEY, the from Mississippi (Mr. COCHRAN), the Senator from Mississippi (Mr. WICKER), S. 409 name of the Senator from Oregon (Mr. the Senator from Maine (Ms. SNOWE), At the request of Mr. SCHUMER, the WYDEN) was added as a cosponsor of S. the Senator from Arizona (Mr. MCCAIN) name of the Senator from Oregon (Mr. 605, a bill to amend the Controlled Sub- and the Senator from Wyoming (Mr. WYDEN) was added as a cosponsor of S. stances Act to place synthetic drugs in ENZI) were added as cosponsors of S. 409, a bill to ban the sale of certain Schedule I. 720, a bill to repeal the CLASS pro- synthetic drugs. S. 647 gram. S. 453 At the request of Mr. BAUCUS, the name of the Senator from Montana S. CON. RES. 4 At the request of Mr. BROWN of Ohio, the name of the Senator from Con- (Mr. TESTER) was added as a cosponsor At the request of Mr. SCHUMER, the of S. 647, a bill to authorize the convey- name of the Senator from Minnesota necticut (Mr. BLUMENTHAL) was added as a cosponsor of S. 453, a bill to im- ance of mineral rights by the Secretary (Mr. FRANKEN) was added as a cospon- prove the safety of motorcoaches, and of the Interior in the State of Montana, sor of S. Con. Res. 4, a concurrent reso- for other purposes. and for other purposes. lution expressing the sense of Congress S. 671 that an appropriate site on Chaplains S. 474 At the request of Mr. SESSIONS, the Hill in Arlington National Cemetery At the request of Ms. SNOWE, the name of the Senator from Louisiana should be provided for a memorial name of the Senator from Kansas (Mr. (Mr. VITTER) was added as a cosponsor marker to honor the memory of the MORAN) was added as a cosponsor of S. of S. 671, a bill to authorize the United Jewish chaplains who died while on ac- 474, a bill to reform the regulatory States Marshals Service to issue ad- tive duty in the Armed Forces of the process to ensure that small businesses ministrative subpoenas in investiga- United States. are free to compete and to create jobs, tions relating to unregistered sex of- AMENDMENT NO. 206 and for other purposes. fenders. At the request of Mr. SANDERS, the S. 481 S. 672 names of the Senator from Vermont At the request of Mr. HARKIN, the At the request of Mr. ROCKEFELLER, (Mr. LEAHY) and the Senator from Ohio name of the Senator from New York the names of the Senator from Con- (Mr. BROWN) were added as cosponsors (Mr. SCHUMER) was added as a cospon- necticut (Mr. LIEBERMAN), the Senator of amendment No. 206 intended to be sor of S. 481, a bill to enhance and fur- from Alaska (Mr. BEGICH) and the Sen- proposed to S. 493, a bill to reauthorize ther research into the prevention and ator from Oregon (Mr. MERKLEY) were and improve the SBIR and STTR pro- treatment of eating disorders, to im- added as cosponsors of S. 672, a bill to grams, and for other purposes. prove access to treatment of eating dis- amend the Internal Revenue Code of orders, and for other purposes. AMENDMENT NO. 264 1986 to extend and modify the railroad At the request of Ms. KLOBUCHAR, the S. 520 track maintenance credit. name of the Senator from West Vir- At the request of Mr. COBURN, the S. 690 ginia (Mr. MANCHIN) was added as a co- name of the Senator from Rhode Island At the request of Mr. FRANKEN, the sponsor of amendment No. 264 intended (Mr. REED) was added as a cosponsor of name of the Senator from New York to be proposed to S. 493, a bill to reau- S. 520, a bill to repeal the Volumetric (Mrs. GILLIBRAND) was added as a co- thorize and improve the SBIR and Ethanol Excise Tax Credit. sponsor of S. 690, a bill to establish the STTR programs, and for other pur- S. 552 Office of the Homeowner Advocate. poses. At the request of Mr. SANDERS, the S. 712 f name of the Senator from California At the request of Mr. DEMINT, the (Mrs. BOXER) was added as a cosponsor names of the Senator from Alabama STATEMENTS ON INTRODUCED of S. 552, a bill to reduce the Federal (Mr. SHELBY), the Senator from Penn- BILLS AND JOINT RESOLUTIONS budget deficit by creating a surtax on sylvania (Mr. TOOMEY), the Senator By Mr. VITTER (for himself, Mr. high income individuals and elimi- from Georgia (Mr. CHAMBLISS), the Sen- PAUL, Mr. LEE, and Mr. nating big oil and gas company tax ator from Kansas (Mr. MORAN) and the MORAN): loopholes. Senator from Tennessee (Mr. CORKER) S. 723. A bill to amend section 301 of S. 567 were added as cosponsors of S. 712, a the Immigration and Nationality Act At the request of Mr. CONRAD, the bill to repeal the Dodd-Frank Wall to clarify those classes of individuals name of the Senator from Minnesota Street Reform and Consumer Protec- born in the United States who are na- (Mr. FRANKEN) was added as a cospon- tion Act. tionals and citizens of the United

VerDate Mar 15 2010 02:06 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A05AP6.022 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE S2132 CONGRESSIONAL RECORD — SENATE April 5, 2011 States at birth; to the Committee on the jurisdiction a foreign government and they may apply for scholarships the Judiciary. has over that person. That is why designated for U.S. citizens and they Mr. VITTER. Mr. President, Amer- American Indians and their children are entitled to welfare benefits—all of ica’s illegal immigration problem is did not become citizens until Congress this explicitly spelled out in the adver- clearly way out of control. We can all actually passed the Indian Citizenship tising for this agency. agree that we desperately need to bet- Act of 1924. Just last month, authorities in Cali- ter protect our borders, ensure that I am introducing today’s legislation fornia shut down a makeshift mater- only citizens and legal residents can be because it is apparent that Congress nity clinic after discovering 10 hired for jobs in this country, and re- must reassert its plenary authority newborns and one dozen Chinese verse misguided policies that serve as a over naturalization and make clear women who paid as much as $35,000 to magnet for further illegal immigra- that ‘‘subject to the jurisdiction there- travel to this country to give birth to tion. of’’ does not include children born in children who would automatically be Today, I am introducing a bill that this country to illegal aliens or foreign recognized as U.S. citizens. falls into that third category, to get tourists. Those parents are clearly sub- Birth tourism, as amazing as this is, rid of these magnets that encourage ject to the jurisdiction of foreign gov- is not a new phenomenon, as women further illegal activity. The bill would ernments. from other countries have long trav- amend the Immigration and National- My bill limits birthright citizenship eled to the United States legally, on ization Act in order to change our cur- to individuals born in the United tourist or student visas, and given rent practice of granting automatic States to at least one parent who is a birth while here. However, recent re- citizenship to the children of illegal legal citizen, a green card holder, or an ports indicate that the practice is esca- aliens born on American soil. When it active member of the U.S. Armed lating. A new report by the Center for comes to U.S. citizenship, it is not just Forces. Congress clearly has the power Immigration Studies finds that every where an individual is born that mat- to determine that children born in the year 200,000 children are born to women ters, at least it should not be. The cir- United States to illegal aliens are not who were lawfully admitted to the cumstances of the person’s birth and subject to American jurisdiction. United States on a temporary basis. the nationality of his or her parents As Judge Richard Posner, of the Sev- Each of these children receive U.S. are of at least equal importance. I sim- enth Circuit Court of Appeals, held in a citizenship, despite their mother’s alle- ply do not believe our Constitution 2003 case: ‘‘Congress would not be flout- giance to a different country and even confers citizenship on children who ing the Constitution if it amended the if the father is not a U.S. citizen. Birth happen to be born on U.S. soil when Immigration and Nationality Act to tourism is certainly a reprehensible both of their parents are foreign tour- put an end to this nonsense.’’ That is practice, but it is not an illegal one. It ists or illegal aliens. The Constitution exactly what my bill would do, put an is astounding that the U.S. Govern- does not mandate or require that. Yet end to this nonsense. ment allows individuals to exploit the loopholes of our immigration system in that is our policy. Closing this loophole will not prevent Each year, 300,000 to 400,000 children anyone from becoming a naturalized this manner. It is obvious that Con- are born in the United States to at citizen. Instead, it will ensure that he gress has the authority and the obliga- least one parent who is an illegal alien or she has to go through the same proc- tion to put an end to it. In addition to this birth tourism— or a foreign tourist. A significant sub- ess as anyone else born of foreign na- and by that I refer to focusing on tour- set of that number includes children tional parents who wants to become a ists here legally under a tourist visa. born to two parents who are not U.S. U.S. citizen. Of course, there are tens or hundreds of citizens—the category my bill attacks. Our practice of birthright citizenship thousands of children born in this Despite the illegal status and foreign is clearly an incentive to illegal immi- country to two illegal immigrant par- gration. It does a disservice to every citizenship of the parent, the executive ents, and those children, under the would-be citizen who is actually fol- branch of our government now auto- same practice, automatically become lowing the rules, applying to be natu- matically recognizes these children as U.S. citizens. U.S. citizens upon birth. This practice ralized, standing in line, often for a This, too, is a very dangerous prac- is not mandated by Federal law or the very long time. tice, a magnet to attract more and Constitution. It is based on what I be- This misguided policy of birthright more illegal activity across the border, lieve is a fundamental misunder- citizenship not only undermines the when we say we want to do everything standing of the 14th amendment of the stability of our immigration system, to stop that. Certainly, if we truly Constitution. As such, this policy is in- but it has severe fiscal consequences as want to do everything we can to stop compatible with both the text and leg- well as serious national security impli- that, we need to unplug those magnets, islative history of the citizenship cations. Recent news reports have stop that policy from attracting more clause. I don’t think the 14th amend- highlighted the growing popularity of and more illegal crossings across the ment grants this birthright citizenship what is known as birth tourism. border. to children of illegal aliens. In fact, all Web sites actually advertise birth So I introduce this important legisla- packages for foreign visitors so preg- we have to do is look at history and tion today, and I thank Senators PAUL nant women can give birth in the the actual text of the Constitution as and LEE and MORAN for joining me in our guide. United States and ensure automatic addressing this critical issue. I invite The 14th amendment does not say all citizenship, under current practice, for all the Members of the Senate to join persons born in the United States are their newborn children. Of course, with me in doing this. citizens, period, end of story. It states that automatic citizenship comes the that citizenship extends to ‘‘all persons full benefits thereof, including unlim- By Mr. WYDEN (for himself, Mr. born or naturalized in the United ited travel to the United States, edu- COATS, and Mr. BEGICH): States and subject to the jurisdiction cational benefits, and the ability to S. 727. A bill to amend the Internal thereof.’’ settle here as an adult and eventually, Revenue Code of 1986 to make the Fed- This latter phrase is important. It is down the line, the ability to grab back eral income tax system simpler, fairer, conveniently ignored or misconstrued the parents and get them into U.S. citi- and more fiscally responsible, and for by advocates of birthright citizenship. zenship. other purposes; to the Committee on But, of course, a fundamental rule in One such agency that appeals to for- Finance. terms of constitutional interpretation eign mothers to be by describing the Mr. COATS. Mr. President, today, is that words are assumed to be there benefits of American-born children, along with Senator WYDEN, we intro- for a purpose. If those words had no pointing out that a one-time invest- duce bipartisan tax reform legislation, meaning, had no impact, then the ment in a birth package will result in a piece of legislation that we believe, Founders would not have written them a lifetime of benefits for their family and hopefully we can gather a con- into that part of the Constitution. was in the news recently. Specifically, sensus in this body to believe, is nec- Its original meaning refers to the po- it says: Your children will be able to essary to be a component of addressing litical allegiance of an individual and attend U.S. public elementary schools the current fiscal situation.

VerDate Mar 15 2010 02:06 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A05AP6.024 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE April 5, 2011 CONGRESSIONAL RECORD — SENATE S2133 The Senator from South Dakota just everyone is that comprehensive tax re- ways wondering if their neighbor has a articulated very well the plight we cur- form has to be a component of address- better accountant or a better tax at- rently are facing with our current Fed- ing our fiscal plight and getting us torney or has figured out a way to take eral deficit and accumulating debt. I back into a period of sustained growth. advantage of a deduction or exclusion don’t think I could have said it better S. 727 is the bill that will be available or a tax preference that they may not than he did. He laid out what I think for people to look at—the Bipartisan be aware of. You know: You are having most Americans are now realizing, and Tax Fairness and Simplification Act of coffee on April 16 and talking about fil- that is we have to get a grip on our 2011. It simplifies our current tax sys- ing your taxes yesterday and saying: current fiscal situation in this country tem, it holds down rates for individuals Well, you did take the deduction for X, if we are going to provide any kind of and families, it provides tax relief to Y or Z, didn’t you? Or how about that opportunity for the future—for pros- the middle class, and creates incen- extra room in your house you use for perity, for opportunity for our young tives for businesses to grow and invest business? Or did you know you can de- people to get good jobs, buy homes, in the United States. duct the cost of pencils, but also driv- raise a family, and send their kids to As we know, with any structure that ing down to pick up a latte, or what- college. And even in a more current is built, the first thing you do is build ever, if you are meeting somebody for sense, we need to get our economy a solid foundation. What we are trying business? This stuff goes on and on for- moving again to the point where we to do in our tax reform package is to ever. And you think: Gosh, I didn’t can get people back to work and be- build that foundation based on several know that. He got a better deal than I come a prosperous leading nation in basic principles. We believe that to did. the world. We are gradually, and accel- bring forward legislation on a bipar- We lose our sense of confidence in erating all the time, losing that posi- tisan basis we have to have a tax pack- terms of the fairness of the tax system. tion because of our fiscal situation. age that is revenue neutral, that is not So simplification is absolutely essen- This morning, a number of us met— stereotyped or characterized as a back- tial. And for a 71,000-plus page Tax both Republicans and Democrats—in door means of raising taxes or of cut- Code, I think it is an absolute neces- one of a series of meetings we have ting spending. Revenue neutrality sity. been having with outside experts. Dr. means we can go forward knowing it is We reduced the number of tax brack- Carmen Reinhart and Ken Rogoff spoke not used for that purpose but for the ets for individuals, first of all, from six to us this morning, both distinguished purpose of putting in place a tax sys- to three. We also eliminate the alter- and respected economists, and others tem that will stimulate growth, pro- native minimum tax, which means you who have studied the situation, and vide for better competitiveness for our have to calculate your taxes twice, in they laid out the current status of our industries and businesses, and make us many instances, to see which one is the fiscal situation and the economic a more prosperous nation. higher and which one you pay. That Simplification is a key foundational plight it is putting our country into. doubles the amount of time, or it adds principle, as well as protection for the One of the things they said—and I a lot to the amount of time. middle class and families—fairness think the reason I am on the floor this I want to point to this chart here on across the board. And as I said earlier, evening—is that unless we address all my right, the Wyden-Coats Tax Reform economic growth. I want to address the aspects in dealing with our fiscal Act of 2010. This is what a simplified each of those. crisis, both in terms of excessive spend- First of all, achieving a revenue-neu- U.S. individual tax return form will ing that is taking place, and has taken tral bill. This has been analyzed by the look like if this bill is passed. It is one place over the last several years, as Joint Tax Committee, and basically we page. It incorporates, obviously, the in- well as components for growth, we are have information back that it is rev- formation about who you are and not going to successfully address this. enue neutral. This analysis is based on whether you are married, your spouse’s We not only have to look at the a static basis. As we all know, if you Social Security number and yours, et spending which has accelerated dra- put in place policies that will encour- cetera, et cetera; whether you are head matically in the last few years, and the age growth and stimulate growth, it of household, these very simple provi- amount of deficit we are accumulating becomes a dynamic scoring. But CBO sions here that are on the tax form every year, and the amount of debt we doesn’t do dynamic scoring, nor does now. We can all figure out how to work are rolling up, but we also have to look the JTC—the Joint Tax Committee. through to here. at ways of addressing that by cutting But nevertheless, even at the static Right here, you list your dependents spending and also spurring the econ- analysis of this bill, it achieves rev- and their relationship to you, and you omy to growth. The component for enue neutrality. It is our goal to main- get their Social Security numbers and growth pretty much falls along the tain that throughout, as adjustments then to see whether you qualify for a lines of tax reform. might be made. dependent’s deduction, and then you Senator WYDEN had worked for 2 Simplifying the Tax Code has to be check those off. years with former Senator Gregg. They one of the very first things we do. You list your capital gains and your spent a great deal of time putting to- Today, the U.S. Tax Code is 71,684 dividends here. Your total income is gether a very comprehensive plan. Sen- pages in length, and it includes a tan- added together, and then you adjust ator Gregg, as everyone here knows, re- gled web of over 10,000 exemptions, de- that by some very simple retained ex- tired after many years of distinguished ductions, credits, and other pref- emptions that we have not taken out, service. He was recognized as one of erences. I took three tax courses in law and deductions, and tax credits, all the, if not the, leading proponent of school, and I don’t begin to understand still on one page. You come down to budget stability, of economic growth, the 10,000-plus exemptions and deduc- the payment, and you either get a re- and of all the aspects that go into deal- tions and preferences that are in there. fund or you owe the government a lit- ing with economic situations. He is I turn it over to an accountant, who tle more money. And that is it. Then greatly missed. I had the privilege of spends every working hour of his week, you send it in. being his friend, serving with him, and every day of the year trying to stay up We also have a provision in there if then having him encourage me to take with the complexity of this Tax Code. you don’t want to do this yourself or his place in moving this legislation for- It is no secret that Americans spend you have some confusion. It is basic ward. 6.1 billion hours each year filling out enough. You can do it electronically or I have spent the last 3 months work- tax forms, and roughly $163 billion a by telephone or whatever, and ask the ing with Senator WYDEN, who is co- year is spent on tax compliance. It is a IRS to do it for you. They will cal- author of that legislation, along with great benefit for accountants and tax culate it for you, send it to you, so you Senator Gregg. We have made some re- lawyers, but the average person simply can review it and then certify that it is finements to this and we are intro- cannot begin to comprehend the com- correct or that you have questions that ducing it today. We will be doing a for- plexity of this code, and we pay a sig- can be answered. mal introduction of it together in the nificant price for that. Point No. 1: Simplification is abso- coming days, but the agreement and Along that line, people feel a real lutely necessary. It can be done, and the growing consensus we hear from sense of unfairness in this. They are al- we have structured it so with three

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Clearly, with the fiscal situation The Manufacturers Alliance published specialized tax rates that benefit some we are in today, we are not going to a paper that concluded such an ap- but not all. These credits, specialized solve our problem just by cutting or by proach would ‘‘create nearly 2 million earmarks within this Tax Code that we raising taxes. We need to have a jobs on a net basis and add an extra are working with today, total $1.1 tril- growth component so we can achieve $500 billion to GDP by 2015.’’ The alli- lion. We want to eliminate, under more revenue through the prosperity ance also estimated that the increase Wyden-Coats, a number of those ex- and growth of corporations and income of economic activity from this legisla- emptions and end a number of special- levels of individuals and so forth. So we tion could reduce the debt by $1.2 tril- ized tax breaks that favor one sector of are reforming our code in a way to help lion over the coming decade. the economy or special interest group us get out of this fiscal situation by I wish to repeat that. While CBO or over another. We want to level this improving the prosperity and growth of the Joint Tax might score this on a out. the country. static basis—meaning that from low- I recognize and Senator WYDEN also recognizes that there will be issues Our current tax system places the ering tax rates they do not calculate in with this bill, especially from groups employers and businesses at a dis- what the potential growth from that that benefit from these special exemp- advantage in the global marketplace. If might be in a fluid way, a dynamic tions, but those special exemptions and you look at this chart on my left, the way—history shows us that every time tax earmarks often put other compa- United States, out of the 36 most com- taxes are lowered, there is an uptick in nies at a disadvantage, and it is time, petitive countries competing for global economic activity and more important as I said, to make our system fairer business around the world, is 35th. We an uptick in the hiring and a drop in and more simple. Ronald Reagan once are 35th out of 36 in the highest rate of the unemployment rate. Getting us said: To put it simply, our tax system taxes paid by our corporations, and more competitive with our competitors is unfair, it is inequitable, it is coun- they are competing against countries around the world will clearly bring a terproductive and all but incomprehen- such as Germany, France, Austria, yet undetermined number of more rev- sible. Reagan went on to say that were Turkey, Chile, and all these that are enue coming into the Government he living at this time, even Albert Ein- listed here—Asian nations and so based on higher profits by our compa- stein would have to write to the IRS to forth—that have much lower combined nies and resulting in more employ- help him fill out his 1040 form each tax rates than the United States. ment. That is a key component of this year. We want to lower this level of pay- tax reform. It is 25 years since we had any mean- ment of taxes in the United States by Protecting the middle class and fami- ingful tax reform; 1986 was the last U.S. businesses to 24 percent from the lies is also another key component of time. During that time, our Govern- current rate of 35 percent. If we go by our tax reform and of the Wyden-Coats ment has vastly expanded Tax Code re- a combined rate, it ends up with num- plan. Today a family of four in Indiana form into a complicated, tangled web bers a little different than that, but we making $90,000 and filing jointly would of deductions and loopholes for tax want to move the United States down owe nearly $13,000 in personal income lawyers to decipher. But if we can re- here into the competitive area where taxes. Under Wyden-Coats that family form this Tax Code and encourage job we are competitive with all those coun- would keep more of their hard-earned investment here at home and, through tries that we compete with to sell prod- money and save approximately $5,000 in doing this, create more American jobs ucts overseas in this global economy. personal income taxes. and make our country more competi- We do that and pay for it by elimi- We protect and extend important tax tive in a global market, we will have nating a lot of the credits, special pref- deductions for families. We do not taken a major step to moving forward erences, exemptions, and deductions eliminate all deductions to reach our in terms of addressing the fiscal plight that are available in those 71,000 pages, simplified Tax Code with only three we are currently in. resulting in 10,000 or more special ex- levels of taxation. Without increases, Senator WYDEN and I are open to sug- emptions. We eliminate a lot of those we retain the rates. We don’t raise any gestion. This is not set in concrete. in return for a lower corporate rate. of the rates that are currently in place. This is not a be-all, end-all plan. We I talked with a number of busi- We keep the dependent tax credit, don’t have all the answers to this com- nesses—small, large, and medium—that which is set to drop to $2,400 in 2 years. plex problem. But we think this is an were saying if we can just get the rate Under the Wyden-Coats plan, we per- essential start to a debate that is nec- down where we are competitive, we do manently set that credit at $3,000, a essary to be accompanied by other so- not need to dig into the Tax Code to benefit to families. The child tax credit lutions that we have to bring to our try to find all these special exemp- is scheduled to revert to $500 in 2013. current fiscal situation. We want to tions. It has been called corporate wel- Wyden-Coats eases the tax burden on put this in as a starter, as a way of say- fare. It doesn’t always fall into that families by permanently setting the ing 2 years-plus of hard work by two category. Some of this is legitimate, child tax credit at $1,000. people who are knowledgeable about but it is not across the board. While it We promote personal saving and in- this topic—and I do not begin to bring addresses problems of a specific indus- vestment. We think it is important myself up to the speed Senator WYDEN try or a specific company, it does not that we encourage saving and invest- and Senator Gregg achieved in the 2- address it across-the-board in a way for ment. Today we have three separate plus years of very hard effort, but I am their competitors to be treated in the IRA or Individual Retirement Account trying to learn as fast as I can. We same way. plans for savings and investments want to bring forward a bipartisan, Under Wyden-Coats, we try to level available to individuals in the United Democratic-Republican plan which we the playing field and make investing in States. Wyden-Coats promotes this by think is based on principles that are the United States more attractive to expanding tax-free saving opportuni- necessary to stimulate our growth and businesses of all sizes. We have a repa- ties and consolidating these three new provide fairness and simplification of triation provision in there which at an- accounts into one account that would our Tax Code. We want to provide it. other time we will explain in more de- allow a married couple to contribute We are asking everybody to look at it, tail. But a number of organizations, in- up to $14,000 a year to tax-favored re- examine it, come to us with your ques- cluding Heritage and the Manufactur- tirement and savings accounts. tions. There will be a lot of things to ers Alliance, have done studies and pro- We take the three current plans in like. There will be some constituents duced information that shows that a existence, we consolidate them into who will find some things they do not lowering of this rate is a job creator. It one. We increase the amount per year like because it takes away a special ex- is a growth component. The Heritage that can be, tax-free, donated to those emption that they perhaps depended

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But we want to explain the basis on taged in obtaining the return of their second-growth, leaving the Forest which we have made these decisions. aboriginal lands because of their early, Service more than 88 percent of the We are open to suggestions, as long as and ultimately successful, effort to second-growth in the forest for it to those suggestions allow us to retain litigate their land claims. use to promote a ‘‘young’’-growth those basic principles and maintain us The Claims Settlement Act imposed strategy in our Nation’s largest na- at revenue neutrality level and a fair- a series of highly prescriptive limita- tional forest. ness across-the-board to families and tions on the lands that Sealaska Cor- The pools of lands that would be businesses and individuals throughout poration, the regional Alaska Native available to Sealaska under this legis- this country. Corporation formed for Southeast Alas- lation are depicted on a series of maps I urge my colleagues to take a look, ka, could select in satisfaction of the referred to in the bill. It must be em- to work with us. The door is open for Tlingit and Haida land claims. None of phasized that not all of the lands de- us to sit down and talk, whether to col- the other 11 Alaska-based regional Na- picted on these maps will necessarily leagues in the Senate or families or tive corporations were subject to these end up in Sealaska’s ownership. businesses across the country who limitations. Today, I join with my Sealaska by this legislation will not re- want to bring their special input to Alaska colleague, Sen. MARK BEGICH, ceive title to lands in excess of its re- this particular effort. We look forward to reintroduce legislation to right this maining acreage entitlement under the to working with them and, over time, wrong. 1971 legislation and this legislation incorporating this in the plan to make For the most part, Sealaska Corpora- does not change that entitlement total, us a fiscally healthier country and a tion has agreed to live within the con- still to be finalized by the Bureau of country that is growing and dynamic straints imposed by the 1971 legisla- Land Management. and can retain its place as a place of tion. It has taken conveyance of rough- Now this legislation has traveled a prosperity and opportunity for not ly 290,000 acres from the pool of lands it long path, one that has seen it change only those of us today but for our fu- was allowed to select under the 1971 substantially to meet a variety of con- ture generations. act. As Sealaska moves to finalize its cerns. Early in the 110th Congress, land selections, it has asked the Con- Alaska Congressman DON YOUNG in 2007 Ms. MURKOWSKI (for herself and gress for flexibility to receive title to introduced H.R. 3560 to address these Mr. BEGICH): slightly different lands that it was not issues. Later in September 2008 I intro- S. 730. A bill to provide for the settle- permitted to select under the 1971 leg- duced legislation similar to, but some- ment of certain claims under the Alas- islation. what different from that bill to give all ka Native Claims Settlement Act, and The legislation we are introducing parties time to thoroughly review the for other purposes; to the Committee today will allow Sealaska to select its measure. In 2009, I reintroduced the bill on Energy and Natural Resources. remaining entitlement from outside of after Sealaska and the communities of Ms. MURKOWSKI. Mr. President, the the withdrawal areas permitted in the Southeast Alaska worked collabo- Tlingit and Haida people, the first peo- 1971 legislation. It ratively in good faith to identify issues ple of Southeast Alaska, were perhaps The legislation we are introducing that may arise from the transfer of the first group of Alaska Natives to or- today will allow Sealaska to select its lands on which those communities ganize for the purpose of asserting remaining entitlement from outside of have relied on for subsistence and their aboriginal land claims. The Na- the withdrawal areas permitted in the recreation out of the Tongass National tive land claims movement in the rest 1971 legislation. It allows the Native Forest and into Native corporation of Alaska did not gain momentum Corporation to select up to 3,600 acres ownership. Throughout 2009 and into until the 1960s when aboriginal land ti- of its remaining land entitlement from 2010, I and my staff held 12 town meet- tles were threatened by the impending lands with sacred, cultural, traditional ings in Alaska to collect comments on construction of the Trans Alaska Pipe- or historical significance throughout the bill, and made modifications to it line. In Southeast Alaska, the taking the Alaska Panhandle. Substantial re- in response to the comments we re- of Native lands for the Tongass Na- strictions will be placed on the use of ceived. When the bill did not advance tional Forest and Glacier Bay National these lands. in 2010, my staff again held two town Monument spurred the Tlingit and Up to 5,000 acres of land could be se- meetings and other briefings this win- Haida people to fight to recover their lected for non-timber or mineral re- ter to gain additional comments and lands in the early part of the 20th cen- lated economic development. These suggested changes in the bill. It is after tury. lands are called ‘‘Futures’’ sites in the these comments, and following email One of the first steps in this battle bill. Other lands referred to as ‘‘eco- and letter suggestions from a variety came with the formation of the Alaska nomic development lands’’ in the bill of sources, that I and Senator BEGICH Native Brotherhood in 1912. In 1935, the could be used for timber related and now move to reintroduce a new version Jurisdictional Act, which allowed the non-timber related economic develop- of this bill. It will be somewhat dif- Tlingit and Haida Indians to pursue ment. These lands are on Prince of ferent than a new bill also being intro- their land claims in the U.S. Court of Wales Island, on nearby Kosciusko Is- duced today by Congressman YOUNG in Claims, was enacted by Congress. After land. the House, a bill more similar to his decades of litigation, the Native people Sealaska observes that if it were re- original bill from 2007. of Southeast Alaska received a cash quired to take title to lands within the The legislation we are introducing settlement in 1968 from the Court of constraints prescribed by the 1971 legis- today in the 112th Congress is different Claims for the land previously taken to lation it would take title to large from the original bill in numerous re- create the Tongass National Forest and swaths of roadless acres in pristine por- spects. In some cases, the lands open to the Glacier Bay National Monument. tions of the Tongass National Forest, Sealaska selection have changed from Yes there was a cash settlement of $7.5 the original selection areas containing those that were available in the first million, but the Native people of 112,000 acres of old-growth timber. The House bill to accommodate community Southeast Alaska have long believed lands it proposes to take for economic concerns. For example, this bill re- that it did not adequately compensate uses under this legislation are predomi- duces the selection pool to about 79,000 them for the loss of their lands and re- nantly in roaded and less sensitive acres. It allows for timber land selec- sources. areas of the Tongass National Forest, tions in North Election Creek, Polk When the Native people of Southeast meaning that under this bill Sealaska Inlet-McKenzie Inlet, near Keete, at 12 Alaska chose to pursue their land likely will select roughly 39,000 fewer Mile Arm, at Calder, all on Prince of claims in court they could not have acres of old-growth than otherwise Wales Island, at several sites on foreseen that Congress would ulti- might be the case. In the process it will Koscuisko Island and on northern Kuiu mately settle the land claims of all of at most select 9 percent of the second- Island. These sites are far different Alaska’s Native people through the growth, leaving the U.S. Forest Service than in 2009 since following comments, Alaska Native Claims Settlement Act, hundreds of thousands of the 428,972 all of the areas on northern Prince of ANCSA, of 1971. Nor could they have acres of second-growth in the forest. It Wales involving Red Bay, Buster Creek foreseen that they would be disadvan- will be selecting about 28,570 acres of and Labouchere Bay have been deleted

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The biggest is that public land is withdrawn, subject to valid ex- commodate environmentalist concerns. all revenues will need to be shared isting rights, from all forms of appropriation This bill also makes a series of map under Section 7(i) of ANCSA with all under public land laws, including the mining changes in these parcels, removing 745 other Native shareholders statewide. and mineral leasing laws, and from selection acres at Karheen Lakes on Tuxekan Is- We all hope that after 40 years that under the Act of July 7, 1958 (commonly land to protect fisheries, and removes this measure can advance to passage known as the ‘‘Alaska Statehood Act’’) (48 timber lands around Halibut Harbor this Congress and resolve the last land U.S.C. note prec. 21; Public Law 85–508), and and Cape Pole on Koscuisko Islands to shall be available for selection by, and con- entitlement that Southeast Alaska’s veyance to, Sealaska to complete the re- also protect fishermen and boaters. more than 20,000 Native shareholders maining land entitlement of Sealaska under Concerning Future sites, this bill have long had a right to receive. It is section 14(h)(8) of the Alaska Native Claims keeps 30 sites, specifically dropping the impossible to expect Alaska’s Native Settlement Act (43 U.S.C. 1613(h)(8)): 30-acre Dog Cove site, near Naha, north corporations to provide meaningful as- (1) Land identified on the maps dated Feb- of Ketchikan, as a result of State and sistance to Alaska’s Native community ruary 1, 2011, and labeled ‘‘Attachment A community concerns and imposing a if they continue to be denied the lands (Maps 1 through 8)’’. (2) Sites with traditional, recreational, and restriction against development for 15 that Congress intended them to receive years of a proposed geothermal site at renewable energy use value, as identified on to utilize to provide economic benefits the map entitled ‘‘Sites with Traditional, Pegmatite Mountain, 25 miles north of for the Native peoples of the State. I Tenakee on Chichagof Island. That re- Recreational, and Renewable Energy Use hope this measure can pass and become Value’’, dated February 1, 2011, and labeled striction allows the possibility of a re- law before the 40th anniversary of the ‘‘Attachment D’’, subject to the condition newable energy site to serve Hoonah claims settlement act in December of that not more than 5,000 acres shall be se- and Pelican and perhaps Tenakee, if this year. Justice delayed truly is jus- lected for those purposes. other projects can’t first be completed tice denied. (3) Sites identified on the map entitled to provide lower-cost power to those Mr. President, I ask unanimous con- ‘‘Traditional and Customary Trade and Mi- communities. The bill already has re- gration Routes’’, dated February 1, 2011, and sent that the text of the bill be printed moved several dozen Future sites that labeled ‘‘Attachment C’’, which includes an in the RECORD. identification of— had been proposed since 2007. There being no objection, the text of The bill in a change from the 2009 (A) a conveyance of land 25 feet in width, the bill was ordered to be printed in version includes a number of conserva- together with 1-acre sites at each terminus the RECORD, as follows: and at 8 locations along the route, with the tion areas, totaling 151,650 acres, to route, location, and boundaries of the con- help protect fisheries and karst forma- S. 730 Be it enacted by the Senate and House of Rep- veyance described on the map inset entitled tions on Prince of Wales, Kupreanof, ‘‘Yakutat to Dry Bay Trade and Migration Kuiu and Sukkwan and Goat Islands. resentatives of the United States of America in Congress assembled, Route’’ on the map entitled ‘‘Traditional and The conservation areas, first proposed Customary Trade and Migration Routes’’, SECTION 1. SHORT TITLE. dated February 1, 2011, and labeled ‘‘Attach- after public comment in spring 2010, re- This Act may be cited as the ‘‘Southeast ment C’’; move no timber lands from the current Alaska Native Land Entitlement Finaliza- (B) a conveyance of land 25 feet in width, timber base, but do provide added pro- tion and Jobs Protection Act’’. tections to key fishery habitats such as together with 1-acre sites at each terminus, SEC. 2. DEFINITIONS. with the route, location, and boundaries of those around Sarkar Lakes, Eek Lake, In this Act: the conveyance described on the map inset Bay of Pillars and Lovelace Creeks. (1) CONSERVATION SYSTEM UNIT.—The term entitled ‘‘Bay of Pillars to Port Camden Further to protect fisheries, this bill, ‘‘conservation system unit’’ has the meaning Trade and Migration Route’’ on the map en- as sought by many fishermen, imposes given the term in section 102 of the Alaska titled ‘‘Traditional and Customary Trade an 100-foot setback requirement for National Interest Lands Conservation Act (16 and Migration Routes’’, dated February 1, U.S.C. 3102). any timber lands conveyed to Sealaska 2011, and labeled ‘‘Attachment C’’; and (2) LAND USE DESIGNATION II.—The term from timber operations around class 1– (C) a conveyance of land 25 feet in width, ‘‘Land Use Designation II’’ has the meaning together with 1-acre sites at each terminus, A fish streams for 5 years—plenty of described in title V of the Alaska National time for the State of Alaska to con- with the route, location, and boundaries of Interest Lands Conservation Act (16 U.S.C. the conveyance described on the map inset sider whether it needs to make any 539 et seq.), as further amended by section entitled ‘‘Portage Bay to Duncan Canal changes in its current State Forest 201 of the Tongass Timber Reform Act of 1990 Trade and Migration Route’’ on the map en- Practices Act setback requirements. (Public Law 101–626). titled ‘‘Traditional and Customary Trade The bill retains a series of changes (3) SEALASKA.—The term ‘‘Sealaska’’ and Migration Routes’’, dated February 1, made in the bill in the past to solve means the Sealaska Corporation, a Regional 2011, and labeled ‘‘Attachment C’’. Native Corporation created under the Alaska concerns over any unintended con- (c) SITES WITH SACRED, CULTURAL, TRADI- Native Claims Settlement Act (43 U.S.C. 1601 TIONAL, OR HISTORIC SIGNIFICANCE.—Subject sequences that the bill might cause et seq.). concerning the definition of Indian to the criteria and procedures applicable to (4) SECRETARY.—The term ‘‘Secretary’’ land selected pursuant to section 14(h)(1) of country in Alaska. It removes all sites means the Secretary of the Interior. the Alaska Native Claims Settlement Act (43 from possible conveyance in Glacier SEC. 3. SELECTIONS IN SOUTHEAST ALASKA. U.S.C. 1613(h)(1)) and set forth in the regula- Bay National Park and Preserve. It re- (a) SELECTION BY SEALASKA.— tions promulgated at section 2653.5 of title moves any presumption that any site (1) IN GENERAL.—Notwithstanding section 43, Code of Federal Regulations (as in effect qualifies as a sacred, cultural, tradi- 14(h)(8) of the Alaska Native Claims Settle- on the date of enactment of this Act), except tional or educational site in Southeast, ment Act (43 U.S.C. 1613(h)(8)), Sealaska is as otherwise provided in this Act— returning the nomination process for authorized to select and receive conveyance (1) Sealaska shall have a right to identify all such selections to the regulations of the remaining land entitlement of up to 3,600 acres of sites with sacred, cul- Sealaska under that Act (43 U.S.C. 1601 et tural, traditional, or historic significance, that covered such selections imme- seq.) from Federal land located in southeast including archeological sites, cultural land- diately following the 1971 act’s passage. Alaska from each category described in sub- scapes, and natural features having cultural And the bill incorporates a host of sections (b) and (c). significance; and changes sought by governments, the (2) TREATMENT OF LAND CONVEYED.—Land (2) on identification of the land by state and a wide variety of groups and conveyed pursuant to this Act is to be treat- Sealaska under paragraph (1), the identified individuals to clarify language and ed as land conveyed pursuant to the Alaska land shall be— solve concerns over everything from Native Claims Settlement Act (43 U.S.C. 1601 (A) withdrawn, subject to valid existing public access guarantees to access et seq.) subject to, but not limited to— rights, from all forms of appropriation under rights by bear guides. The bill main- (A) reservation of public easements across public land laws, including the mining and land pursuant to section 17(b) of the Alaska mineral leasing laws, and from selection tains public access rights to all 17(b) Native Claims Settlement Act (43 U.S.C. under the Act of July 7, 1958 (commonly easements and guarantees public ac- 1616(b)); known as the ‘‘Alaska Statehood Act’’) (48 cess to all timber lands. (B) valid existing rights pursuant to sec- U.S.C. note prec. 21; Public Law 85–508); and Sealaska also has offered a series of tion 14(g) of the Alaska Native Claims Set- (B) available for selection by, and convey- commitments to ensure that the bene- tlement Act (43 U.S.C. 1613(g)); and ance to, Sealaska to complete the remaining

VerDate Mar 15 2010 02:17 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A05AP6.028 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE April 5, 2011 CONGRESSIONAL RECORD — SENATE S2137 land entitlement of Sealaska under section Alaska under subsections (a) and (d) of sec- across the conveyances if an adjacent land- 14(h)(8) of the Alaska Native Claims Settle- tion 16 of that Act (43 U.S.C. 1615(a) and owner or the public has a legal right to use ment Act (43 U.S.C. 1613(h)(8)), subject to the 1615(d)) shall be rescinded; and the adjacent private or public land. conditions that— (3) land located within a withdrawal area (4) SITES WITH TRADITIONAL, RECREATIONAL, (i) no sites with sacred, cultural, tradi- that is not conveyed to Sealaska or to a AND RENEWABLE ENERGY USE VALUE.—The tional, or historic significance may be se- southeast Alaska Village Corporation or conveyance to Sealaska of land withdrawn lected from within a unit of the National Urban Corporation shall be returned to the pursuant to section 3(b)(2) that is located Park System; and unencumbered management of the Forest outside of a withdrawal area designated (ii) beginning on the date that is 15 years Service as part of the Tongass National For- under section 16(a) of the Alaska Native after the date of enactment of this Act, est. Claims Settlement Act (43 U.S.C. 1615(a)) Sealaska shall be limited to identifying not (c) LIMITATION.—Sealaska shall not select shall be subject to— more than 360 acres of sites with sacred, cul- or receive under this Act any conveyance of (A) the right of public access across the tural, traditional, or historic significance land pursuant to paragraph (1) or (2) of sec- land without liability to Sealaska; and under this subsection. tion 3(b) located within any conservation (B) the condition that public access across (d) FOREST DEVELOPMENT ROADS.— system unit. the land would not be unreasonably re- Sealaska shall receive from the United (d) APPLICABLE EASEMENTS AND PUBLIC AC- stricted or impaired. CESS.— States, subject to such reasonable terms and (5) EFFECT.—No right of access provided to (1) IN GENERAL.—The conveyance to conditions as the Forest Service may im- any individual or entity (other than Sealaska of land withdrawn pursuant to pose, nonexclusive easements to Sealaska to Sealaska) by this subsection— paragraphs (1) and (3) of section 3(b) that is allow— (A) creates any interest, other than an in- located outside a withdrawal area designated (1) access on the forest development road terest retained by the United States, of such under section 16(a) of the Alaska Native and use of the log transfer site identified in an individual or entity in the land conveyed Claims Settlement Act (43 U.S.C. 1615(a)) paragraphs (3)(b), (3)(c), and (3)(d) of the pat- to Sealaska in excess of that right of access; ent numbered 50–85–0112 and dated January 4, shall be subject to— or 1985; (A) a reservation for easements for public (B) provides standing in any review of, or (2) access on the forest development road access on the public roads depicted on the challenge to, any determination by Sealaska identified in paragraphs (2)(a) and (2)(b) of maps dated February 1, 2011, and labeled with respect to the management or develop- the patent numbered 50–92–0203 and dated ‘‘Attachment A (Maps 1 through 8)’’; ment of the applicable land. February 24, 1992; (B) a reservation for easements along the (3) access on the forest development road temporary roads designated by the Forest (e) CONDITIONS ON SACRED, CULTURAL, TRA- identified in paragraph (2)(a) of the patent Service as of the date of enactment of this DITIONAL, AND HISTORIC SITES AND TRADI- numbered 50–94–0046 and dated December 17, Act for the public access trails depicted on TIONAL AND CUSTOMARY TRADE AND MIGRA- 1993; the maps described in subparagraph (A); TION ROUTES.—The conveyance to Sealaska (4) access on the forest development roads (C) the right of noncommercial public ac- of land withdrawn pursuant to sections and use of the log transfer facilities identi- cess for subsistence uses, consistent with 3(b)(3) and 3(c)— fied on the maps dated February 1, 2011, and title VIII of the Alaska National Interest (1) shall be subject to a covenant prohib- labeled ‘‘Attachment A (Maps 1 through 8)’’; Lands Conservation Act (16 U.S.C. 3111 et iting any commercial timber harvest or min- (5) a reservation of a right to construct a seq.), and recreational access, without liabil- eral development on the land; new road to connect to existing forest devel- ity to Sealaska, subject to— (2) shall be subject to a covenant allowing opment roads, as generally identified on the (i) the right of Sealaska to regulate access use of the land only as described in sub- maps described in paragraph (4); and granted under this subparagraph to ensure section (f); and (6) access to, and reservation of a right to, public safety, to protect cultural or sci- (3) shall not be subject to any additional construct a new log transfer facility and log entific resources, and to provide environ- restrictive covenant based on cultural or his- storage area at the location identified on the mental protection; and toric values, or any other restriction, en- maps described in paragraph (4). (ii) the condition that Sealaska shall post cumbrance, or easement, except as provided in sections 14(g) and 17(b) of the Alaska Na- SEC. 4. CONVEYANCES TO SEALASKA. on any applicable property, in accordance tive Claims Settlement Act (43 U.S.C. 1613(g), (a) TIMELINE FOR CONVEYANCE.— with State law, notices of the conditions on 1616(b)). (1) IN GENERAL.—Subject to paragraphs (2), use; and (3), and (4), the Secretary shall work with (D) the requirement that, with respect to (f) USES OF SACRED, CULTURAL, TRADI- Sealaska to develop a mutually agreeable the land conveyed to the corporation pursu- TIONAL, AND HISTORIC SITES AND TRADITIONAL schedule to complete the conveyance of land ant to section 3(b)(1), Sealaska shall con- AND CUSTOMARY TRADE AND MIGRATION to Sealaska under this Act. tinue to manage the land in accordance with ROUTES.—Any land conveyed to Sealaska (2) FINAL PRIORITIES.—Consistent with the the State of Alaska Forest Resources and from land withdrawn pursuant to sections provisions of section 403 of the Alaska Land Practices Act, Alaska Stat. 41.17, except 3(b)(3) and 3(c) may be used for— Transfer Acceleration Act (43 U.S.C. 1611 that, for a period of 5 years beginning on the (1) preservation of cultural knowledge and note; Public Law 108–452), not later than 18 date of enactment of this Act, Alaska Stat. traditions associated with the site; months after the date of enactment of this 41.17.116(1) shall apply to the harvest of tim- (2) historical, cultural, and scientific re- Act, Sealaska shall submit to the Secretary ber within 100 feet of a water body defined in search and education; the final, irrevocable priorities for selection Alaska Stat. 41.17.950(31). (3) public interpretation and education re- of land withdrawn under section 3(b)(1). (2) SACRED, CULTURAL, TRADITIONAL AND garding the cultural significance of the site (3) SUBSTANTIAL COMPLETION REQUIRED.— HISTORIC SITES.—The conveyance to Sealaska to Alaska Natives; Not later than 2 years after the date of selec- of land withdrawn pursuant to section 3(c) (4) protection and management of the site tion by Sealaska of land withdrawn under that is located outside of a withdrawal area to preserve the natural and cultural features section 3(b)(1), the Secretary shall substan- designated under section 16(a) of the Alaska of the site, including cultural traditions, val- tially complete the conveyance of the land Native Claims Settlement Act (43 U.S.C. ues, songs, stories, names, crests, and clan to Sealaska under this Act. 1615(a)) shall be subject to— usage, for the benefit of future generations; (4) EFFECT.—Nothing in this Act shall (A) the right of public access across the and interfere with, or cause any delay in, the conveyances where no reasonable alternative (5) site improvement activities for any pur- duty of the Secretary to convey land to the access around the land is available without pose described in paragraphs (1) through (4), State of Alaska under section 6 of the Act of liability to Sealaska; and subject to the condition that the activities— July 7, 1958 (commonly known as the ‘‘Alas- (B) the right of Sealaska to regulate access (A) are consistent with the sacred, cul- ka Statehood Act’’) (48 U.S.C. note prec. 21; granted under this paragraph across the con- tural, traditional, or historic nature of the Public Law 85–508). veyances to ensure public safety, to protect site; and (b) EXPIRATION OF WITHDRAWALS.—On com- cultural or scientific resources, to provide (B) are not inconsistent with the manage- pletion of the selection by Sealaska and the environmental protection, or to prohibit ac- ment plans for adjacent public land. conveyances to Sealaska of land under sub- tivities incompatible with the use and enjoy- (g) TERMINATION OF RESTRICTIVE COV- section (a) in a manner that is sufficient to ment of the land by Sealaska, subject to the ENANTS.— fulfill the land entitlement of Sealaska condition that Sealaska shall post on any (1) IN GENERAL.—Each restrictive covenant under section 14(h)(8) of the Alaska Native applicable property, in accordance with regarding cultural or historical values with Claims Settlement Act (43 U.S.C. 1613(h)(8))— State law, notices of the conditions on use. respect to any interim conveyance or patent (1) the right of Sealaska to receive any (3) TRADITIONAL AND CUSTOMARY TRADE AND for a historic or cemetery site issued to land under section 14(h)(8) of that Act from MIGRATION ROUTES.—The conveyance to Sealaska pursuant to the Federal regula- within a withdrawal area established under Sealaska of land withdrawn pursuant to sec- tions contained in sections 2653.5(a) and subsections (a) and (d) of section 16 of that tion 3(b)(3) that is located outside of a with- 2653.11 of title 43, Code of Federal Regula- Act (43 U.S.C. 1615(a) and 1615(d)) shall be drawal area designated under section 16(a) of tions (as in effect on the date of enactment terminated; the Alaska Native Claims Settlement Act (43 of this Act), in accordance with section (2) the withdrawal areas set aside for selec- U.S.C. 1615(a)) shall be subject to a require- 14(h)(1) of the Alaska Native Claims Settle- tion by Native Corporations in southeast ment that Sealaska provide public access ment Act (43 U.S.C. 1613(h)(1)), terminates as

VerDate Mar 15 2010 02:17 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A05AP6.025 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE S2138 CONGRESSIONAL RECORD — SENATE April 5, 2011 a matter of law on the date of enactment of tive Claims Settlement Act (43 U.S.C. 1601 et acres, located in Forest Service Value Com- this Act. seq.). parison Units 6320, 6700, 6710 and 6720. (2) REMAINING CONDITIONS.—Land subject to (b) ENVIRONMENTAL MITIGATION AND INCEN- ‘‘(G) EASTERN KOSCUISKO.—Certain karst a covenant described in paragraph (1) on the TIVES.—Notwithstanding subsection (e) and land, comprising approximately 1,663 acres, day before the date of enactment of this Act (h) of section 4, all land conveyed to located on Koscuisko Island in Forest Serv- shall be subject to the conditions described Sealaska pursuant to the Alaska Native ice Value Comparison Units 5430 and 5460. in subsection (e). Claims Settlement Act (43 U.S.C. 1601 et seq.) ‘‘(H) NORTHERN PRINCE OF WALES.—Certain (3) RECORDS.—Sealaska shall be responsible and this Act shall be considered to be quali- karst land, comprising approximately 10,888 for recording with the land title recorders of- fied to receive or participate in, as applica- acres, located in Forest Service Value Com- fice of the State of Alaska any modification ble— parison Units 5280, 5290, 5311, 5313, 5330, 5360, to an existing conveyance of land under sec- (1) any federally authorized carbon seques- and 5371. tion 14(h)(1) of the Alaska Native Claims Set- tration program, ecological services pro- ‘‘(b) MANAGEMENT OF CONSERVATION tlement Act (43 U.S.C. 1613(h)(1)) as a result gram, or environmental mitigation credit; AREAS.— of this Act. and ‘‘(1) IN GENERAL.—Subject to paragraph (2), (h) CONDITIONS ON SITES WITH TRADITIONAL, (2) any other federally authorized environ- the conservation areas designated by sub- RECREATIONAL, AND RENEWABLE ENERGY USE mental incentive credit or program. section (a)(13) shall be allocated to Land Use VALUE.—Each conveyance of land to (c) NO MATERIAL EFFECT ON FOREST Designation II status (as defined in section 2 Sealaska from land withdrawn pursuant to PLAN.— of the Southeast Alaska Native Land Enti- section 3(b)(2) shall be subject to— (1) IN GENERAL.—Except as required by tlement Finalization and Jobs Protection (1) a covenant prohibiting any commercial paragraph (2) and the amendment made by Act) and shall be managed by the Secretary timber harvest or mineral development; and section 6, implementation of this Act, in- of Agriculture to protect subsistence activi- (2) the conveyance of the site identified as cluding the conveyance of land to Sealaska, ties and unique biological and geological re- Pegmatite Mountain Geothermal #53 on the alone or in combination with any other fac- sources and to prohibit commercial timber map labeled ‘‘Attachment D’’ and dated Feb- tor, shall not require an amendment of, or harvests or new road construction, in accord- ruary 1, 2011, shall be subject to a covenant revision to, the Tongass National Forest ance with management guidelines developed prohibiting commercial development of the Land and Resources Management Plan be- under the Tongass National Forest Land and site for a period of 15 years beginning on the fore the first revision of that Plan scheduled Resource Management Plan. date of enactment of this Act, provided that to occur after the date of enactment of this ‘‘(2) REQUIREMENTS.—In managing the Sealaska shall have a right to engage in site Act. areas designated by subsection (a)(13)— evaluation and analysis during the period. (2) BOUNDARY ADJUSTMENTS.—The Sec- ‘‘(A) the Forest Service shall protect the (i) ESCROW FUNDS FOR WITHDRAWN LAND.— retary of Agriculture shall implement any traditional and cultural use, biological and On the withdrawal by this Act of land identi- land ownership boundary adjustments to the geological value, and, where applicable, the fied for selection by Sealaska, the escrow re- Tongass National Forest Land and Resources roadless character of the areas; quirements of section 2 of Public Law 94–204 Management Plan resulting from the imple- ‘‘(B) industrial logging and associated road (43 U.S.C. 1613 note), shall thereafter apply mentation of this Act through a technical building shall be prohibited; to the withdrawn land. amendment to that Plan. ‘‘(C) timber micro-sales in accessible areas (j) GUIDING AND OUTFITTING SPECIAL USE (d) EFFECT ON ENTITLEMENT.—Nothing in shall be allowed; PERMITS OR AUTHORIZATIONS.— this Act shall have any effect upon the enti- ‘‘(D) restoration projects in young-growth (1) IN GENERAL.—Consistent with the provi- tlement due to any Native Corporation, stands and salmon streams shall be encour- sions of section 14(g) of the Alaska Native other than Sealaska, under— aged for meeting integrated resource objec- Claims Settlement Act (43 U.S.C. 1613(g)), on (1) the Alaska Native Claims Settlement tives; land conveyed to Sealaska from land with- Act (43 U.S.C. 1601 et seq.); or ‘‘(E) subsistence enhancement and low im- drawn pursuant to sections 3(b)(1) and 3(b)(2), (2) the Alaska National Interest Lands pact recreation and tourism development an existing holder of a guiding or outfitting Conservation Act (16 U.S.C. 3101 et seq.). projects shall be encouraged; special use permit or authorization issued by SEC. 6. CONSERVATION AREAS. ‘‘(F) sustainable, community-scaled eco- the Forest Service shall be entitled to its (a) IN GENERAL.—Section 508 of the Alaska nomic development of forest and marine re- rights and privileges on the land for the re- National Interest Lands Conservation Act sources shall be allowed, including issuance maining term of the permit, as of the date of (Public Law 96–487; 94 Stat. 2381, 104 Stat. of special use permits for non-timber forest conveyance to Sealaska, and for 1 subse- 4428) is amended— products gathering, mariculture develop- quent 10-year renewal of the permit, subject (1) in the matter preceding paragraph (1), ment, and transportation and energy devel- to the condition that the rights shall be con- by striking ‘‘The following lands are hereby’’ opment; and sidered a valid existing right reserved pursu- and inserting the following: ‘‘(G) existing and future Transportation ant to section 14(g) of the Alaska Native ‘‘(a) IN GENERAL.—The following land is’’; and Utility Systems shall be permitted in Claims Settlement Act (43 U.S.C. 1613(g)), and designated Transportation and Utility Sys- and shall be managed accordingly. (2) by adding at the end the following: tem Corridors under the Tongass National (2) NOTICE OF COMMERCIAL ACTIVITIES.— ‘‘(13) CONSERVATION AREAS.—Subject to Forest Land and Resource Management Sealaska, with respect to the holder of a valid existing rights, certain land for con- Plan. guiding or outfitting special use permit or servation purposes, comprising approxi- ‘‘(c) LIMITATION.—The establishment of the authorization under this subsection, and a mately 151,565 acres, as depicted on the map conservation areas by subsection (a)(13) shall permit holder referenced in this subsection, entitled ‘‘Conservation Areas’’, dated Feb- not be used by the Secretary of Agriculture with respect to Sealaska, shall have an obli- ruary 1, 2011, and labeled ‘‘Attachment E’’, or a designee of the Secretary of Agriculture gation to inform the other party of their re- which is more particularly described as fol- as a basis for any administrative manage- spective commercial activities before engag- lows: ment decisions to establish by administra- ing in the activities on land, which has been ‘‘(A) BAY OF PILLARS.—Certain land, com- tive action any buffers, withdrawals, land- conveyed to Sealaska under this Act, subject prising approximately 21,146.5 acres, located use designations, road closures, or other to the permit or authorization. on the southern shore of the Bay in Forest similar actions on any land, value compari- (3) NEGOTIATION OF NEW TERMS.—Nothing in Service Value Comparison Unit 4030. son units, or adjacent land-use designa- this subsection precludes Sealaska and a per- ‘‘(B) KUSHNEAHIN CREEK.—Certain land, tions.’’. mit holder under this subsection from nego- comprising approximately 36,703 acres, lo- SEC. 7. MAPS. tiating new mutually agreeable permit cated on southwestern Kupreanof Island in (a) AVAILABILITY.—Each map referred to in terms that supersede the requirements of— the Forest Service Value Comparison Units this Act shall be maintained on file in— (A) this subsection; 4300 and 4310. (1) the office of the Chief of the Forest (B) section 14(g) of the Alaska Native ‘‘(C) SARKAR LAKES.—Certain land, com- Service; and Claims Settlement Act (43 U.S.C. 1613(g)); or prising approximately 25,403.7 acres, located (2) the office of the Secretary. (C) any deed covenant. on Prince of Wales Island in Forest Service (b) CORRECTIONS.—The Secretary or the (4) LIABILITY.—Sealaska shall bear no li- Value Comparison Unit 5541. Chief of the Forest Service may make any ability regarding use and occupancy pursu- ‘‘(D) WESTERN KOSCUISKO.—Certain land, necessary correction to a clerical or typo- ant to special use permits or authorizations comprising approximately 7,416.5 acres, lo- graphical error in a map referred to in this on land selected or conveyed pursuant to cated on Koscuisko Island in Forest Service Act. this Act. Value Comparison Units 5410, 5430, and 5440. (c) TREATMENT.—No map referred to in this SEC. 5. MISCELLANEOUS. ‘‘(E) HONKER DIVIDE.—Certain land, com- Act shall be considered to be an attempt by (a) STATUS OF CONVEYED LAND.—Each con- prising approximately 15,586.2 acres, located the Federal Government to convey any State veyance of Federal land to Sealaska pursu- on Prince of Wales Island in Forest Service or private land. ant to this Act, and each Federal action car- Value Comparison Units 5740, 5750, 5760, 5780, SEC. 8. AUTHORIZATION OF APPROPRIATIONS. ried out to achieve the purpose of this Act, and 5971. There are authorized to be appropriated shall be considered to be conveyed or acted ‘‘(F) EEK LAKE AND SUKKWAN ISLAND.—Cer- such sums as are necessary to carry out this on, as applicable, pursuant to the Alaska Na- tain land, comprising approximately 34,644.1 Act and the amendments made by this Act.

VerDate Mar 15 2010 02:17 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A05AP6.025 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE April 5, 2011 CONGRESSIONAL RECORD — SENATE S2139 By Mr. UDALL of New Mexico: most 85 percent of American consumers the subscriber has not made changes to their S. 732. A bill to improve billing dis- who suffered bill shock were not alert- monthly service plan. closures to cellular telephone con- ed that they were about to exceed their (2) Most consumers who experience bill sumers; to the Committee on Com- allowed voice minutes, text messages, shock do not receive notification from their provider of commercial mobile service when merce, Science, and Transportation. or data downloads. the consumer is about to exceed the monthly Mr. UDALL of New Mexico. Mr. In many cases, a simple alert mes- limit of voice minutes, text message, or data President, cell phones today are be- sage would help consumers avoid bill megabytes. coming ubiquitous and more essential shock. That is why today I am pleased (3) Most consumers who experience bill to our everyday lives. Americans today to introduce the Cell Phone Bill Shock shock do not receive notification from their have over 300 million wireless phones. Act of 2011. provider of commercial mobile service that We use these phones in new and inno- This legislation is similar to what I their bill has suddenly increased. vative ways. Consumers today increas- proposed in the last Congress. It would (4) Prior to the enactment of this Act, a ingly use their cell phones for much require that cell phone companies do provider of commercial mobile service was under no obligation to notify a consumer of more than just talking. Mobile two things: first, that they notify cell such services of a pending or sudden increase broadband services now allow us to surf phone customers when they have used in their bill for the use of such service. the Internet, search for nearby shops 80 percent of their limit of voice min- (5) Section 332 of the Communications Act or restaurants, and watch videos right utes, text messages, or data usage. of 1934 (47 U.S.C. 332) requires that all com- on our wireless handsets. This notification could be in the form mercial mobile service provider charges, Since we now use these devices in of a text message or email, and should practices, classifications, and regulations new ways, it can be more difficult for be free of charge. Second, this legisla- ‘‘for or in connection with’’ interstate com- consumers to realize they have exceed- tion would require cell phone compa- munications service be just and reasonable, ed their monthly subscriptions for cell and authorizes the Federal Communications nies to obtain a customer’s consent be- Commission to promulgate rules to imple- phone service. This can have dramatic fore charging for services in excess of ment this requirement. consequences for consumers. their limit of voice, text, or data usage. SEC. 3. NOTIFICATION OF CELL PHONE USAGE Consider the case of a Navy ROTC Customers could give such consent by LIMITS; SUBSCRIBER CONSENT. midshipman who mistakenly left his calling or sending a free text message (a) DEFINITION.—In this section, the term smartphone’s roaming function turned or email to their phone company. ‘‘commercial mobile service’’ has the same on while he was abroad. His phone In the European Union, wireless meaning as in section 332(d)(1) of the Com- downloaded e-mail messages, and he phone companies already provide simi- munications Act of 1934 (47 U.S.C. 332(d)(1)). (b) NOTIFICATION OF CELL PHONE USAGE was sent a bill for almost $1,300. News lar notifications when wireless con- LIMITS.—The Federal Communications Com- outlets have highlighted other cases sumers are roaming and when they mission shall promulgate regulations to re- from across the country, including reach 80 percent of their monthly data quire that a provider of commercial mobile cases where children on family sub- roaming services. service shall— scription plans racked up thousands of Congress already approved legisla- (1) notify a subscriber when the subscriber dollars in extra charges. A 13-year-old’s tion to help consumers avoid bank has used 80 percent of the monthly limit of cell phone data usage led to a bill for overdraft fees from debit card and ATM voice minutes, text messages, or data mega- almost $22,000. transactions. Banks must now obtain bytes agreed to in the commercial mobile Bob St. Germain of Massachusetts service contract of the subscriber; their customer’s permission before al- (2) send, at no charge to the subscriber, the was billed $18,000 for a 6-week period lowing debit card transactions which notification described in paragraph (1) in the when his son used a cell phone to con- would incur overdraft fees. My legisla- form of a voice message, text message, or nect a computer to the Internet. I am tion extends that same concept to cell email; and proud to have Mr. St. Germain’s sup- phone customers, who should benefit (3) ensure that such text message or email port for the legislation I am intro- from similar protections against ‘‘bill is not counted against the monthly limit for ducing today. Unfortunately, these sto- shock.’’ voice minutes, text messages, or data mega- ries we hear about in the media are The texting and Internet capabilities bytes of the commercial mobile service con- tract of the subscriber. certainly not isolated cases, just the that make today’s cell phones more (c) SUBSCRIBER CONSENT.—The Federal most egregious. useful than ever should be applied to Communications Commission shall promul- In fact, a recent Federal Communica- help consumers avoid bill shock. Send- gate regulations to require a provider of tions Commission, FCC, survey found ing an automatic text notification to commercial mobile service shall— that 30 million Americans, or 1 in 6 one’s phone or an email alert should (1) obtain the consent of a subscriber who adult cell phone users, have experi- not place a burden on cell phone com- received a notification under subsection (b) enced cases of ‘‘bill shock.’’ Cell phone panies. Passing my commonsense legis- to use voice, text, or data services in excess bill shock occurs when a consumer’s of the monthly limit of the commercial mo- lation will help prevent consumers bile service contract of the subscriber before monthly bill increases when they have from facing ‘‘bill shock’’ problems in the provider may allow the subscriber to use not changed their plan. In about one in the future. such excess services; and four cases, the consumer’s bill in- I look forward to working with my (2) allow a subscriber to, at no cost, pro- creased by more than $100. According colleagues to pass this important legis- vide the consent required under paragraph to a survey by Consumers Union, the lation. (1) in the form of a voice message, text mes- publishers of Consumer Reports maga- Mr. President, I ask unanimous con- sage, or email that is not counted against zine, the median bill shock amount was sent that the text of the bill be printed the monthly limit for voice minutes, text messages, or data megabytes of the commer- $83. in the RECORD. With new, advanced developments in There being no objection, the text of cial mobile service contract of the sub- scriber. technology, bill shock is a growing the bill was ordered to be printed in problem. The introduction of faster the RECORD, as follows: By Mr. ROBERTS (for himself ‘‘4G’’ networks will make it easier than S. 732 and Ms. STABENOW): ever for customers to burn through Be it enacted by the Senate and House of Rep- S. 733. A bill to amend part B of title data limits. Americans who have cell resentatives of the United States of America in XVIII of the Social Security Act to ex- phone ‘‘family plans’’ with multiple Congress assembled, clude customary prompt pay discounts phone lines may face even greater dif- SECTION 1. SHORT TITLE. from manufacturers to wholesalers ficulty monitoring their usage. More This Act may be cited as the ‘‘Cell Phone from the average sales price for drugs and more cell phone companies are Bill Shock Act of 2011’’. and biologicals under Medicare; to the dropping their unlimited data plans, SEC. 2. FINDINGS. Committee on Finance. and the risk of bill shock only stands Congress finds the following: Mr. ROBERTS. Mr. President, I rise (1) A recent survey conducted by the Fed- to get worse. eral Communications Commission found today to address a health care concern Although consumers can already ac- that 1 out of 6 consumers who subscribe to that impacts all of us—access to health cess their phone usage by requesting commercial mobile service has experienced care. this information from their cell phone ‘‘bill shock’’, which is the sudden increase in When you or your loved one is sick— provider, the FCC survey found that al- the monthly bill of a subscriber even though the most important thing on earth is

VerDate Mar 15 2010 02:17 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A05AP6.026 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE S2140 CONGRESSIONAL RECORD — SENATE April 5, 2011 to fight for the very best medical care I believe that the policy is right; that Whereas the sacrifices of the families of possible. And when the diagnosis is is why today I, along with Senator the fallen members and veterans of the cancer—a disease far too many of our STABENOW, am introducing legislation Armed Forces of the United States should friends and family have faced—it be- to amend Part B of Title XVII of the never be forgotten: Now, therefore, be it comes all the more important and all Social Security Act to exclude cus- Resolved, That the Senate— the more time sensitive. tomary prompt pay discounts from (1) designates April 5, 2011, as ‘‘Gold Star Unfortunately, in some cases, access Wives Day’’; manufacturers to wholesalers from the (2) honors and recognizes— to care—as well as the life-saving drugs average sales price for drugs and needed to treat a variety of forms of (A) the contributions of the members of biologicals under Medicare. the Gold Star Wives of America, Inc.; and this disease—are being negatively im- Mr. President, I ask unanimous con- (B) the dedication of the members of the pacted by the current reimbursement sent that the text of the bill be printed Gold Star Wives of America, Inc. to the structure for Medicare Part B drugs in the RECORD. members and veterans of the Armed Forces and biologicals. In layman’s terms, it’s There being no objection, the text of of the United States; and one more hurdle that doctors have to the bill was ordered to be printed in (3) encourages the people of the United States to observe ‘‘Gold Star Wives Day’’ to fight for their patients. the RECORD, as follows: That is why I am introducing today promote awareness of— S. 733 legislation that would end the hurdle. (A) the contributions and dedication of the My bill would exclude customary Be it enacted by the Senate and House of members of the Gold Star Wives of America, Representatives of the United States of America prompt pay discounts from the manu- Inc. to the members and veterans of the in Congress assembled, Armed Forces of the United States; and facturer’s average sales price for pur- SECTION 1. EXCLUDING CUSTOMARY PROMPT (B) the important role the Gold Star Wives poses of Medicare Part B drugs and PAY DISCOUNTS FROM MANUFAC- of America, Inc. plays in the lives of the biologicals. TURERS TO WHOLESALERS FROM spouses and families of the fallen members In Hillsboro, Kansas we have already THE AVERAGE SALES PRICE FOR and veterans of the Armed Forces of the MEDICARE PAYMENTS FOR DRUGS United States. seen cancer clinics begin to close as a AND BIOLOGICALS. direct result of the current reimburse- (a) IN GENERAL.—Section 1847A(c)(3) of the ment structure which limits patient Social Security Act (42 U.S.C. 1395w–3a(c)(3)) access to care that they desperately is amended— SENATE RESOLUTION 131—DESIG- need. Currently the prompt pay dis- (1) in the first sentence, by inserting NATING APRIL 2011 AS ‘‘TSUNAMI counts artificially reduce Medicare ‘‘(other than customary prompt pay dis- AWARENESS MONTH’’ Part B drug reimbursement rates for counts extended to wholesalers)’’ after community oncology clinics, jeopard- ‘‘prompt pay discounts’’; and Mr. AKAKA (for himself and Mr. (2) in the second sentence, by inserting izing the viability of these providers. INOUYE) submitted the following reso- ‘‘(other than customary prompt pay dis- lution; which was considered and The closing of the clinic in Hillsboro counts extended to wholesalers)’’ after can be directly attributed to this reim- ‘‘other price concessions’’. agreed to: bursement structure. Additionally, (b) EFFECTIVE DATE.—The amendments S. RES. 131 prompt pay discounts also reduce the made by this section shall apply to drugs and Whereas a tsunami is a series of ocean or payment rates of private payers that biologicals that are furnished on or after sea waves generated by a sea floor disturb- January 1, 2012. use Average Sales Price. My legislation ance, such as an earthquake, landslide, vol- is a step forward in addressing prob- f canic eruption, or meteorite; lems with Medicare reimbursement for SUBMITTED RESOLUTIONS Whereas a tsunami could occur during any cancer drugs. season and at any time; Primary Healthcare Distributors, Whereas a tsunami is a threat to life and PHDs, act as a middle man between SENATE RESOLUTION 130—DESIG- property for all coastal communities, and providers and drug and product manu- tsunamis have caused serious injuries and NATING APRIL 5, 2011, AS ‘‘GOLD millions of dollars in property damage in the facturers. Most healthcare providers STAR WIVES DAY’’ must receive daily deliveries of prod- United States; Whereas the danger posed by a tsunami ucts from many different manufactur- Mr. BURR (for himself and Mrs. MUR- RAY) submitted the following resolu- cannot be eliminated, but the impact of a ers. PHDs streamline the system and tsunami can be mitigated through commu- provide efficiencies by aggregating the tion; which was considered and agreed to: nity preparedness, timely warnings, and ef- ordering and shipping logistics. Some fective response; 80 percent of prescription medicines in S. RES. 130 Whereas tsunamis historically have posed the U.S. are stored, managed and deliv- Whereas the Senate honors the sacrifices the greatest hazard to Hawaii, Alaska, Cali- ered by PHDs. These PHDs receive made by the spouses and families of the fall- fornia, Oregon, Washington, American prompt pay discounts from drug manu- en members of the Armed Forces of the Samoa, Guam, the Commonwealth of the facturers in recognition of the effi- United States; Northern Mariana Islands, the Common- Whereas the Gold Star Wives of America, wealth of Puerto Rico, and the Virgin Is- ciencies they provide. Inc. represents the spouses and families of lands, tsunamis also pose risks to all ocean However, these efficiencies are the members and veterans of the Armed coasts of the United States; threatened by the Medicare Moderniza- Forces of the United States who have died on Whereas Federal, State, and local officials tion Act’s, MMA’s, inappropriate inclu- active duty or as a result of a service-con- have partnered to coordinate a national ef- sion of these prompt pay discounts in nected disability; fort to reduce the impact of tsunamis the calculation of the Average Sales Whereas the primary mission of the Gold through the National Tsunami Hazard Miti- Price for Medicare Part B drugs, those Star Wives of America, Inc. is to provide gation Program; administered in a doctor’s office. The services, support, and friendship to the Whereas the National Oceanic and Atmos- inclusion of these discounts ultimately spouses of the fallen members and veterans pheric Administration’s National Weather reduces reimbursements to providers, of the Armed Forces of the United States; Service operates 2 tsunami warning centers, Whereas, in 1945, the Gold Star Wives of the Pacific Tsunami Warning Center and the who are not the actual beneficiaries of America, Inc. was organized with the help of West Coast and Alaska Tsunami Warning the discounts. It provides a perverse in- Mrs. Eleanor Roosevelt to assist the families Center, that detect potential tsunamis and centive for manufacturers to go around left behind by the fallen members and vet- issue warnings; the PHD to offer prompt pay discounts erans of the Armed Forces of the United Whereas Tsunami Awareness Month pro- directly to the providers, thereby States; vides an opportunity to highlight the impor- eliminating the efficiencies of the cur- Whereas the first meeting of the Gold Star tance of tsunami preparedness and to en- rent system and potentially creating Wives of America, Inc. was held on April 5, courage the people of the United States to another burden for providers. 1945; take steps to be better prepared for tsunamis Congress has recognized the impor- Whereas April 5, 2011, marks the 66th anni- at home, work, and school; versary of the first meeting of the Gold Star Whereas the people of the United States tance of excluding prompt pay dis- Wives of America; can prepare for tsunamis by finding out if counts from providers’ payment for- Whereas the members and veterans of the their home, school, workplace or other fre- mulas in the Medicaid program. This Armed Forces of the United States bear the quently visited locations are in tsunami haz- bill would extend that exclusion to burden of protecting freedom for the United ard areas, and by identifying evacuation Medicare Part B. States; and routes; and

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Whereas additional information about tsu- (1) AMENDMENTS REQUIRED FOR FRAUD, SEC. 316. REDUCING FRAUD, WASTE, AND ABUSE. nami preparedness may be obtained through WASTE, AND ABUSE PREVENTION.—Not later Not later than 4 years after the date of en- On page 100, strike line 1 and all that fol- TsunamiReady at National Oceanic and At- actment of this Act, and every 4 years there- mospheric Administration, at lows through page 102, line 4, and insert the after, the Comptroller General of the United www.tsunamiready.noaa.gov: Now, therefore, following: States shall— be it (2) CONTENT OF AMENDMENTS.—The amend- (1) conduct a study of the effectiveness of Resolved, That the Senate— ments required under paragraph (1) shall in- the government and public databases de- (1) designates April 2011 as ‘‘Tsunami clude— scribed in section 9(k) of the Small Business Awareness Month’’; and (A) definitions or descriptions of fraud, Act (15 U.S.C. 638(k)) in reducing (2) encourages the Federal Government, waste, and abuse; vulnerabilities of the SBIR program and the States, localities, schools, nonprofit organi- (B) guidelines for the monitoring and over- STTR program to fraud, waste, and abuse, zations, businesses, and other applicable en- sight of applicants to and recipients of particularly with respect to Federal agencies tities, along with the people of the United awards under the SBIR program or the STTR funding duplicative proposals and business States, to observe Tsunami Awareness program; concerns falsifying information in proposals; Month with appropriate events and activities (C) a requirement that each Federal agen- (2) make recommendations with respect to to promote tsunami preparedness. cy that participates in the SBIR program or STTR program include information con- the issues described in paragraph (1); and f cerning the method established by the In- (3) submit to the head of each agency de- AMENDMENTS SUBMITTED AND spector General of the Federal agency to re- scribed in section 108(a) of the Small Busi- ness Reauthorization Act of 2000 (15 U.S.C. PROPOSED port fraud, waste, and abuse (including any telephone hotline or Web-based platform)— 638 note), the Committee on Small Business SA 285. Mr. ROCKEFELLER submitted an (i) on the website of the Federal agency; and Entrepreneurship of the Senate, and the amendment intended to be proposed by him and Committee on Small Business of the House to the bill S. 493, to reauthorize and improve (ii) in any solicitation or notice of funding of Representatives a report regarding the the SBIR and STTR programs, and for other opportunity issued by the Federal agency for study conducted under paragraph (1) and purposes; which was ordered to lie on the the SBIR program or the STTR program; and containing the recommendations described table. (D) a requirement that each applicant for in paragraph (2). SA 286. Mr. INOUYE submitted an amend- and small business concern that receives ment intended to be proposed by him to the funding under the SBIR program or the bill S. 493, supra; which was ordered to lie on STTR program shall certify whether the ap- SA 286. Mr. INOUYE submitted an the table. plicant or small business concern is in com- amendment intended to be proposed by pliance with the laws relating to the SBIR f him to the bill S. 493, to reauthorize program and the STTR program and the con- and improve the SBIR and STTR pro- TEXT OF AMENDMENTS duct guidelines established under the SBIR Policy Directive and the STTR Policy Direc- grams, and for other purposes; which SA 285. Mr. ROCKEFELLER sub- tive. was ordered to lie on the table; as fol- mitted an amendment intended to be (3) CONSULTATION.—The Administrator lows: proposed by him to the bill S. 493, to shall develop the certification required At the end of title V, add the following: reauthorize and improve the SBIR and under paragraph (2)(D) in cooperation with STTR programs, and for other pur- the Council of Inspectors General on Integ- SEC. lll. CONSOLIDATING UNNECESSARY DU- poses; which was ordered to lie on the rity and Efficiency and the Office of Advo- PLICATIVE AND OVERLAPPING GOV- cacy of the Administration. ERNMENT PROGRAMS. table; as follows: (4) AMENDMENT TO INSPECTOR GENERAL ACT Notwithstanding any other provision of On page 83, strike lines 8 and 9 and insert OF 1978.—Section 4 of the Inspector General law, not later than 150 days after the date of the following: Act of 1978 (5 U.S.C. App.) is amended by add- enactment of this Act, the Director of the ‘‘(v) the names and titles of the key indi- ing at the end the following: viduals that will carry out the project, the ‘‘(e) Each Inspector General of each estab- Office of Management and Budget shall— position each key individual holds in the lishment that is required to participate in (1) compile a list of Government programs small business concern, and contact informa- the SBIR program or the STTR program and agencies selected from the Government tion for each key individual; under section 9 of the Small Business Act (15 programs and agencies with duplicative and On page 85, strike lines 22 through 24 and U.S.C. 638) shall cooperate to prevent fraud, overlapping missions identified in the March insert the following: waste, and abuse in the SBIR program and 2011 Government Accountability Office re- program that has been— the STTR program by— port to Congress entitled ‘‘Opportunities to ‘‘(i) convicted of a fraud-related crime in- ‘‘(1) establishing fraud detection indica- Reduce Potential Duplication in Govern- volving funding received under the SBIR pro- tors; ment Programs, Save Tax Dollars, and En- gram or STTR program; or ‘‘(2) reviewing regulations and operating hance Revenue’’ (GAO–11–318SP); and ‘‘(ii) found civilly liable for a fraud-related procedures of the Federal agencies; (2) in accordance with the Congressional violation involving funding received under ‘‘(3) coordinating information sharing be- Budget and Impoundment Control Act of the SBIR program or STTR program.’’; and tween the Federal agencies, to the extent 1974, submit to Congress recommended On page 89, strike line 18 and all that fol- otherwise permitted under Federal law; and amounts of rescissions of budget authority lows through page 90, line 10, and insert the ‘‘(4) improving the education and training for Government programs and agencies on following: of, and outreach to— that list. ‘‘(A) continue the most recent study under ‘‘(A) administrators of the SBIR program this section relating to the issues described and the STTR program of each Federal agen- f in subparagraphs (A), (B), (C), and (E) of sub- cy; ‘‘(B) applicants to the SBIR program or the section (a)(1); NOTICE OF HEARING ‘‘(B) make recommendations with respect STTR program; and to the issues described in subparagraphs (A), ‘‘(C) recipients of awards under the SBIR COMMITTEE ON ENERGY AND NATURAL (D), and (E) of subsection (a)(2); and program or the STTR program.’’. On page 102, beginning on line 7, strike ‘‘, RESOURCES On page 95, line 7, strike ‘‘the waste,’’ and and every 3 years thereafter,’’ and insert ‘‘to all that follows through ‘‘2011’’ on line 10 and establish a baseline of changes made to the Mr. BINGAMAN. Mr. President, I insert ‘‘waste, fraud, and abuse prevention program to fight fraud, waste, and abuse, want to advise that the Committee on activities’’. and every 3 years thereafter to evaluate the Energy and Natural Resources will On page 96, line 13, strike the quotation effectiveness of the agency strategies,’’. hold a business meeting on Tuesday, marks and the second period and insert the On page 103, strike lines 12 through 19 and April 12, 2011, at 10 a.m., in room SD– following: insert the following: ‘‘(4) COORDINATION WITH IG.—Each Federal (vi) the extent to which the Inspector Gen- 366 of the Dirksen Senate Office Build- agency shall coordinate the activities funded eral of each Federal agency that participates ing. under subparagraph (E), (F), or (G) of para- in the SBIR and STTR program effectively graph (1) with their respective Inspectors The purpose of the Business Meeting conducts investigations, audits, inspections, is to consider pending legislation, and General, when appropriate, and each Federal and outreach relating to the SBIR and STTR agency that allocates more than $50,000,000 programs of the Federal agency; and the nomination of Peter B. Lyons, to to the SBIR program of the Federal agency On page 104, line 10, after ‘‘STTR program’’ be an Assistant Secretary of Energy for a fiscal year may share such funding with insert the following: ‘‘, at least 1 Inspector (Nuclear Energy). its Inspector General when the Inspector General of a Federal agency with an SBIR General performs such activities.’’. program or an STTR program,’’. For further information, please con- On page 99, strike lines 17 through 19 and On page 107, between lines 10 and 11, insert tact Sam Fowler at (202) 224–7571 or insert the following: the following: Amanda Kelly at (202) 224–6836.

VerDate Mar 15 2010 02:17 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A05AP6.034 S05APPT1 rfrederick on DSKB9S0YB1PROD with SENATE S2142 CONGRESSIONAL RECORD — SENATE April 5, 2011 AUTHORITY FOR COMMITTEES TO during the session of the Senate on made: We are doing our very best to MEET April 5, 2011, at 10 a.m. in room 253 of work something out on the CR that COMMITTEE ON ARMED SERVICES the Russell Senate Office Building. will fund the government to the end of The Committee will hold a hearing Mr. BAUCUS. Mr. President, I ask this fiscal year. As has been reported in entitled, ‘‘Tourism in America: Remov- unanimous consent that the Com- the press, I had a meeting with the ing Barriers and Promoting Growth.’’ mittee on Armed Services be author- Speaker tonight at 4 o’clock. We are The PRESIDING OFFICER. Without ized to meet during the session of the still negotiating in good faith. We are objection, it is so ordered. Senate on April 5, 2011, at 9:30 a.m. not that far apart. Hopefully, we can The PRESIDING OFFICER. Without f work something out. It is something we should be able to do and certainly objection, it is so ordered. PRIVILEGES OF THE FLOOR we are trying. As we speak, our people COMMITTEE ON COMMERCE, SCIENCE, AND Mr. MENENDEZ. Mr. President, I ask are working. So I want everyone to TRANSPORTATION unanimous consent that the following know the government is not going to Mr. BAUCUS. Mr. President, I ask staff of the Finance Committee be al- be shut down yet. There is still air in unanimous consent that the Com- lowed on the Senate floor for the dura- the tire. We still have some miles to mittee on Commerce, Science, and tion of the debate on H.R. 4: Andrew travel, but I hope there is enough air in Transportation be authorized to meet Fishburn and Eric Roberts. it to get us where we need to go. during the session of the Senate on The ACTING PRESIDENT pro tem- April 5, 2011, at 2:30 p.m. in room 253 of pore. Without objection, it is so or- f the Russell Senate Office Building. dered. HONORING PERISHED WEST VIR- The Committee will hold a hearing f GINIA AND OTHER COAL MINERS entitled, ‘‘Closing the Digital Divide: Connecting Native Nations and Com- UNANIMOUS CONSENT Mr. REID. Mr. President, I ask unan- munities to the 21st Century.’’ AGREEMENT—S. 493 imous consent that the HELP Com- mittee be discharged from further con- The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- sideration of S. Res. 129, and that the objection, it is so ordered. imous consent that at 11 a.m., Wednes- Senate proceed to its immediate con- COMMITTEE ON ENVIRONMENT AND PUBLIC day, April 6, the Senate resume consid- sideration. WORKS eration of S. 493 and the pending The PRESIDING OFFICER. Without Mr. BAUCUS. Mr. President, I ask amendments be set aside and Senator objection, it is so ordered. unanimous consent that the Com- REID or a designee be recognized to call The clerk will report. mittee on Environment and Public up the following amendments: The assistant legislative clerk read Works be authorized to meet during Baucus No. 236; Stabenow No. 277; as follows: the session of the Senate on April 5, Rockefeller No. 215; Coburn No. 217; 2011, at 12 p.m. in S–216. Coburn No. 223; Coburn No. 273; Inouye A resolution (S. Res. 129) honoring the 29 The PRESIDING OFFICER. Without coal miners who perished in the explosion at No. 286; that the pending Sanders the Upper Big Branch Mine in Montcoal, objection, it is so ordered. amendment No. 207 be modified with West Virginia, on April 5, 2010, and remem- COMMITTEE ON FOREIGN RELATIONS the changes at the desk; that the Sen- bering all those who have lost their lives Mr. BAUCUS. Mr. President, I ask ate then proceed to a period of debate while mining for the resources on which the unanimous consent that the Com- only until 4 p.m., with the time equally United States relies. mittee on Foreign Relations be author- divided between the two leaders or There being no objection, the Senate ized to meet during the session of the their designees prior to votes in rela- proceeded to consider the resolution. Senate on April 5, 2011, at 10:15 a.m. tion to the following amendments in Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without the order listed below: imous consent that the resolution be objection, it is so ordered. Baucus No. 236; Stabenow No. 277; agreed to, the preamble be agreed to, COMMITTEE ON FOREIGN RELATIONS Rockefeller No. 215; McConnell No. 183; the motions to reconsider be laid upon Mr. BAUCUS. Mr. President, I ask Coburn No. 223; Inouye No. 286; and the table, with no intervening action unanimous consent that the Com- Coburn No. 273; that there be no or debate, and that any statements re- mittee on Foreign Relations be author- amendments in order to the amend- lating to the measure be printed in the ized to meet during the session of the ments prior to the votes; the amend- RECORD. Senate on April 5, 2011, at 2:30 p.m. ments not be divisible; the motions to The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without reconsider be considered made and laid objection, it is so ordered. objection, it is so ordered. upon the table; there be 2 minutes The resolution (S. Res. 129) was equally divided in between the votes; SELECT COMMITTEE ON INTELLIGENCE agreed to. all after the first vote be 10 minutes in Mr. BAUCUS. Mr. President, I ask The preamble was agreed to. duration; and the amendments be sub- The resolution, with its preamble, unanimous consent that the Select ject to a 60-vote threshold for adoption; Committee on Intelligence be author- reads as follows: that upon the disposition of the Coburn S. RES. 129 ized to meet during the session of the amendment No. 273, amendment Nos. Senate on April 5, 2011, at 2:30 p.m. Whereas West Virginia coal miners and 184 and 217 offered by Senator COBURN their predecessors not only have a strong The PRESIDING OFFICER. Without be agreed to; that no amendments be in objection, it is so ordered. commitment to providing a good living for order to the Coburn amendments Nos. their families, but also take a deep and pa- SUBCOMMITTEE ON AIRLAND 184 and 217 prior to their adoption; and triotic pride in the fact that their work and Mr. BAUCUS. Mr. President, I ask all of the above occurring with no in- the energy they produce has made the unanimous consent that the Sub- tervening action or debate. United States strong and free; committee on Airland on the Com- The PRESIDING OFFICER. Is there Whereas coal mining has been, and re- mittee on Armed Services be author- objection? mains, an important part of the economy of the United States; ized to meet during the session of the Without objection, it is so ordered. Whereas coal accounts for nearly 1⁄2 of the Senate on April 5, 2011, at 2:30 p.m. Mr. REID. Mr. President, I appreciate electricity produced in the United States; The PRESIDING OFFICER. Without everyone’s patience in regard to get- Whereas coal has been commercially mined objection, it is so ordered. ting this consent agreement. None of in what is now the State of West Virginia SUBCOMMITTEE ON COMPETITIVENESS, these votes are easy, but the votes are since 1810; INNOVATION, AND EXPORT PROMOTION necessary. Whereas since 1810, West Virginia miners Mr. BAUCUS. Mr. President, I ask I would also say, in relation to the and their families have sacrificed greatly to unanimous consent that the Sub- statement made by my friend from Col- mine the coal that powers the economy of the United States; committee on Competitiveness, Inno- orado, that—I am trying to figure out Whereas, on April 5, 2010, 29 heroic and pa- vation, and Export Promotion of the who is the senior Senator between the triotic West Virginia miners tragically lost Committee on Commerce, Science, and Presiding Officer—the junior Senator their lives in an explosion at the Upper Big Transportation be authorized to meet from Colorado, the nice statement he Branch Mine in Montcoal, West Virginia;

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Mr President, today I Whereas Carl ‘‘Pee Wee’’ Acord, Jason to, and the motions to reconsider be rise in support of my resolution desig- Matthew Atkins, Christopher Lee Bell, Sr., laid upon the table. nating April 2011 as Tsunami Aware- Gregory Steven Brock, Kenneth A. Chapman, The PRESIDING OFFICER. Without ness Month. Sr., Robert Eugene Clark, Cory Davis, objection, it is so ordered. The resolution (S. Res. 130) was The recent events in Japan serve as a Charles Timothy Davis, Michael Lee reminder of the importance of tsunami Elswick, William Ildon Griffith, Steven J. agreed to. ‘‘Smiley’’ Harrah, Edward ‘‘Dean’’ Jones, The preamble was agreed to. preparedness and mitigation. As we re- Richard Keith Lane, William Roosevelt The resolution, with its preamble, cently saw, tsunamis can strike at any Lynch, Joe Marcum, Ronald Lee Maynor, reads as follows: time, continue for hours, wash away Nicolas D. McCroskey, James ‘‘Eddie’’ Moon- S. RES. 130 homes, buildings, and roads, and claim ey, Adam K. Morgan, Rex Lane Mullins, Whereas the Senate honors the sacrifices thousands of lives. Deadly tsunamis Joshua Scott Napper, Howard ‘‘Boone’’ made by the spouses and families of the fall- have struck Hawaii, Alaska, California, Payne, Jr., Dillard Earl ‘‘Dewey’’ Persinger, en members of the Armed Forces of the Oregon, Washington, American Samoa, Joel R. ‘‘Jody’’ Price, Gary Wayne Quarles, United States; Puerto Rico, and the United States Deward Allan Scott, Grover Dale Skeens, Whereas the Gold Star Wives of America, Virgin Islands within the last 150 years. Benny Ray Willingham, and Ricky L. Work- Inc. represents the spouses and families of man perished in the explosion at the Upper All coastline communities in the the members and veterans of the Armed United States are at risk of being im- Big Branch Mine; Forces of the United States who have died on Whereas the terrible tragedy broke the active duty or as a result of a service-con- pacted by tsunamis. hearts of the people of the United States; nected disability; Sixty-five years ago, my home State Whereas since the beginning of 2010, 77 Whereas the primary mission of the Gold of Hawaii experienced the most dev- miners of coal and other resources have lost Star Wives of America, Inc. is to provide astating and destructive tsunami in its their lives on the job, and thousands more services, support, and friendship to the have been injured or diagnosed with occupa- history, which claimed the lives of 159 spouses of the fallen members and veterans individuals. Hawaii’s geographic loca- tional illnesses, such as Black Lung disease; of the Armed Forces of the United States; Whereas the families of the deceased con- tion in the middle of the Pacific Ocean Whereas, in 1945, the Gold Star Wives of makes us extremely vulnerable to tinue to suffer, as do those miners who have America, Inc. was organized with the help of become seriously injured or ill; and Mrs. Eleanor Roosevelt to assist the families tsunamis because 80 percent of all Whereas Congress has long recognized the left behind by the fallen members and vet- tsunamis occur in the Pacific. need to protect the safety and health of min- erans of the Armed Forces of the United To encourage citizens to educate ers: Now, therefore, be it States; themselves on tsunami preparedness, Resolved, That the Senate— Whereas the first meeting of the Gold Star President Obama has designated March (1) honors the coal miners who lost their Wives of America, Inc. was held on April 5, lives in the explosion at the Upper Big 20–26, 2011, as Tsunami Awareness 1945; Week. For the month of April, the Na- Branch Mine in Montcoal, West Virginia, on Whereas April 5, 2011, marks the 66th anni- April 5, 2010; versary of the first meeting of the Gold Star tional Oceanic and Atmospheric Ad- (2) extends its continued heartfelt condo- Wives of America; ministration’s (NOAA) National lences to the families of the deceased, who Whereas the members and veterans of the Weather Service in Hawaii will conduct are still looking for answers to the tragedy; Armed Forces of the United States bear the activities to raise public awareness of (3) recognizes the hardships faced by sur- burden of protecting freedom for the United the dangers of tsunamis and commemo- vivors of the tragedy and fellow miners who States; and rate the lives lost to the April 1, 1946 worked side-by-side with the deceased; Whereas the sacrifices of the families of (4) acknowledges the risks faced by all tsunami. Additionally, Hawaii State the fallen members and veterans of the and local officials have partnered with miners, as well as the important and often Armed Forces of the United States should overlooked contributions that miners make never be forgotten: Now, therefore, be it NOAA to develop a Tsunami Safety to the United States; Resolved, That the Senate— Booklet to educate school-aged chil- (5) expresses its appreciation for the volun- (1) designates April 5, 2011, as ‘‘Gold Star dren about the dangers of tsunamis, teers, first responders, and mine rescue Wives Day’’; and they plan to distribute the book- teams who fearlessly risk their lives to save (2) honors and recognizes— lets and other preparedness materials miners after tragedies; and (A) the contributions of the members of (6) reaffirms its commitment to keep min- at sponsored events. the Gold Star Wives of America, Inc.; and I encourage all citizens to observe ers safe and healthy on the job. (B) the dedication of the members of the Mr. REID. Mr. President, I suggest Gold Star Wives of America, Inc. to the Tsunami Awareness Month and prepare the absence of a quorum. members and veterans of the Armed Forces for tsunamis by finding out if their The PRESIDING OFFICER. The of the United States; and homes, schools, and workplaces are in clerk will call the roll. (3) encourages the people of the United areas likely to flood should a tsunami The assistant legislative clerk pro- States to observe ‘‘Gold Star Wives Day’’ to occur; identifying evacuation routes; promote awareness of— and preparing portable disaster supply ceeded to call the roll. (A) the contributions and dedication of the Mr. REID. Mr. President, I ask unan- kits. Additional information about tsu- members of the Gold Star Wives of America, nami preparedness can be found at imous consent that the order for the Inc. to the members and veterans of the quorum call be rescinded. Armed Forces of the United States; and TsunamiReady The PRESIDING OFFICER. Without (B) the important role the Gold Star Wives (www.tsunamiready.noaa.gov). objection, it is so ordered. of America, Inc. plays in the lives of the As Congress continues debates about spouses and families of the fallen members f cuts to the Federal budget, I remind and veterans of the Armed Forces of the my colleagues of the importance of fed- GOLD STAR WIVES DAY United States. eral funding for tsunami programs. Mr. BENNET. Mr. President, I ask f Funding for NOAA tsunami program unanimous consent that the Senate TSUNAMI AWARENESS MONTH supports warning, mitigation, and re- now proceed to the consideration of S. Mr. BENNET. Mr. President, I ask search activities that are critical to Res. 130, which was submitted earlier unanimous consent that the Senate our Nation’s safety and security. The today. proceed to the immediate consider- NOAA operates two tsunami warning The PRESIDING OFFICER. Without ation of S. Res. 131, submitted earlier centers, the Pacific Tsunami Warning objection, it is so ordered. today. Center at Ewa Beach, Hawaii, and the The clerk will report. The PRESIDING OFFICER. Without West Coast and Alaska Tsunami Warn- The assistant legislative clerk read objection, it is so ordered. ing Center at Palmer, Alaska. Through as follows: The clerk will report. Deep-Ocean Assessment and Reporting A resolution (S. Res. 130) designating April The assistant legislative clerk read of Tsunamis stations, these Centers 5, 2011, as ‘‘Gold Star Wives Day.’’ as follows: monitor an extensive network of deep

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West Coast and Alaska Tsunami Warning tween the two leaders or their des- These programs save lives. The Center, that detect potential tsunamis and ignees, with the majority controlling House-passed continuing resolution issue warnings; the first half and the Republicans con- would decrease funding for NOAA by Whereas Tsunami Awareness Month pro- trolling the final half; that at 10:40 approximately $450 million. Funding vides an opportunity to highlight the impor- a.m., Senator AYOTTE be recognized to increases in recent years have allowed tance of tsunami preparedness and to en- deliver her maiden speech to the Sen- NOAA to strengthen our Nation’s tsu- courage the people of the United States to take steps to be better prepared for tsunamis ate; and that following morning busi- nami warning capabilities by expand- at home, work, and school; ness, the Senate resume consideration ing the operating hours and geographic Whereas the people of the United States of S. 493, the small business jobs bill, as areas of responsibility for both tsu- can prepare for tsunamis by finding out if provided for under the previous order. nami warning centers. Making drastic their home, school, workplace or other fre- The PRESIDING OFFICER. Without cuts to the NOAA’s budget would se- quently visited locations are in tsunami haz- objection, it is so ordered. verely impair our Nation’s ability to ard areas, and by identifying evacuation routes; and warn citizens of potential disasters. f Maintaining this funding is critical. Whereas additional information about tsu- nami preparedness may be obtained through As Japan recovers from the deadly TsunamiReady at National Oceanic and At- PROGRAM earthquake and tsunami of March 11, mospheric Administration, at Mr. BENNET. Mr. President, Sen- 2011, I continue to pledge my support www.tsunamiready.noaa.gov: Now, therefore, for the people of Japan and keep all be it ators should expect a series of up to those affected by this tragedy in my Resolved, That the Senate— seven rollcall votes to begin at ap- thoughts and prayers. (1) designates April 2011 as ‘‘Tsunami proximately 4 p.m. in relation to Mr. BENNET. Mr. President, I ask Awareness Month’’; and amendments to the small business jobs unanimous consent that the resolution (2) encourages the Federal Government, bill. States, localities, schools, nonprofit organi- be agreed to, the preamble be agreed zations, businesses, and other applicable en- f to, the motions to reconsider be laid tities, along with the people of the United upon the table, with no intervening ac- States, to observe Tsunami Awareness tion or debate, and that any state- Month with appropriate events and activities RECESS UNTIL 9:30 A.M. ments relating to the matter be print- to promote tsunami preparedness. TOMORROW ed in the RECORD. f Mr. BENNET. Mr. President, if there The PRESIDING OFFICER. Without MEASURE READ THE FIRST is no further business to come before objection, it is so ordered. TIME—H.R. 1255 the Senate, I ask unanimous consent The resolution (S. Res. 131) was that it recess under the previous order. agreed to. Mr. BENNET. Mr. President, I under- There being no objection, the Senate, stand that H.R. 1255 has been received The preamble was agreed to. at 7:35 p.m., recessed until Wednesday, from the House and is at the desk. The resolution, with its preamble, April 6, 2011, at 9:30 a.m. reads as follows: The PRESIDING OFFICER. The clerk will report the bill by title for S. RES. 131 f Whereas a tsunami is a series of ocean or the first time. The assistant legislative clerk read sea waves generated by a sea floor disturb- DISCHARGED NOMINATION ance, such as an earthquake, landslide, vol- as follows: canic eruption, or meteorite; A bill (H.R. 1255) to prevent a shutdown of The Senate Committee on Homeland Whereas a tsunami could occur during any the government of the United States, and for Security and Governmental Affairs was season and at any time; other purposes. discharged from further consideration Whereas a tsunami is a threat to life and Mr. BENNET. Mr. President, I ask of the following nomination pursuant property for all coastal communities, and for its second reading and object to my to the order of January 7, 2009 and the tsunamis have caused serious injuries and own request. nomination was placed on the Execu- millions of dollars in property damage in the The PRESIDING OFFICER. Objec- United States; tive Calendar pursuant to an order of tion is heard. The bill will have its sec- January 7, 2009: Whereas the danger posed by a tsunami ond reading on the next legislative day. cannot be eliminated, but the impact of a *JONATHAN ANDREW HATFIELD, OF VIRGINIA, TO BE f INSPECTOR GENERAL, CORPORATION FOR NATIONAL tsunami can be mitigated through commu- AND COMMUNITY SERVICE. nity preparedness, timely warnings, and ef- ORDERS FOR WEDNESDAY, APRIL *Nominee has committed to respond fective response; 6, 2011 Whereas tsunamis historically have posed to requests to appear and testify before the greatest hazard to Hawaii, Alaska, Cali- Mr. BENNET. Mr. President, I ask any duly constituted committee of the fornia, Oregon, Washington, American unanimous consent that when the Sen- Senate.

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RECOGNIZING THE 2010–2011 CON- for each pile to distribute the food in the PERSONAL EXPLANATION GRESSIONAL YOUTH ADVISORY boxes. Each box received a set number of COUNCIL FOR 500 HOURS OF OUT- each food. Twelve extra boxes, or ‘‘gleaning HON. ROBERT E. ANDREWS STANDING SERVICE TO THE boxes’’ as they were called, were filled with the extra food. As soon as all the boxes were OF NEW JERSEY COMMUNITY—JOSHUA MOTT filled, the doors were opened and the people IN THE HOUSE OF REPRESENTATIVES were allowed in. Each person who signed up HON. SAM JOHNSON for a box was also given a yellow ticket. Tuesday, April 5, 2011 OF TEXAS Those waiting in line outside presented their Mr. ANDREWS. Mr. Speaker, on rollcall No. ticket and were admitted in. A worker then IN THE HOUSE OF REPRESENTATIVES 225 for H.R. 1246, I am not recorded because escorted the individual with a box on a cart I was absent. Had I been present, I would Tuesday, April 5, 2011 out of the building. Once their box was filled, the individual and worker walked to their have voted ‘‘aye.’’ Mr. SAM JOHNSON of Texas. Mr. Speaker, car or house and delivered the box. This f it is my pleasure and privilege to inform the process continued until all the boxes were Members of the United States House of Rep- distributed. It was a wonderful experience. PERSONAL EXPLANATION resentatives that the students of the 2010– —Joshua Mott 2011 Congressional Youth Advisory Council HON. CAROLYN B. MALONEY (CYAC) from the Third District of Texas have f OF NEW YORK completed a total of 500 community service IN THE HOUSE OF REPRESENTATIVES hours, fulfilling and far surpassing the require- SCHOLARSHIPS FOR OPPORTUNITY ments of their assigned CYAC in the Commu- AND RESULTS ACT Tuesday, April 5, 2011 nity service project. Mrs. MALONEY. Mr. Speaker, on April 1, I SPEECH OF This year 46 students from public, private, missed rollcall vote numbered 213. Had I been and home schools in grades 10 through 12 HON. BETTY McCOLLUM present, I would have voted ‘‘nay’’ on rollcall made their voices heard by joining CYAC. As OF MINNESOTA vote 213, providing for consideration of the bill the Third District’s young ambassadors to IN THE HOUSE OF REPRESENTATIVES (H.R. 1255) to prevent a shutdown of the gov- Congress, these bright high school students ernment of the United States. Wednesday, March 30, 2011 met with me on a quarterly basis to discuss f current events and public policy. These im- Ms. MCCOLLUM. Mr. Speaker, I rise today pressive young people recognize an important in opposition to H.R. 471, the private school RECOGNIZING THE 43RD ANNIVER- truth: the heart of public service is found when voucher program for the District of Columbia. SARY OF THE DEATH OF THE giving back to the community. CYAC students This bill would revive the ineffective and in- REV. DR. MARTIN LUTHER KING, volunteered their time and talents with over 30 efficient D.C. voucher program. The bill au- JR. organizations including Adopt-A-Highway, thorizes $100 million over the next five years Habitat for Humanity, Meals on Wheels, Teen for only 1.3 percent of students to receive HON. ELIJAH E. CUMMINGS Court, and the USO, to name a few. As one vouchers in D.C.—with no offset for the fund- OF MARYLAND student shared, ‘‘CYAC in the Community has ing. IN THE HOUSE OF REPRESENTATIVES allowed me to realize my calling to serve I do not support any attempt to resume Tuesday, April 5, 2011 those in the U.S. Armed Forces.’’ I am beyond funding the D.C. voucher system using tax- thrilled that CYAC has helped students un- payer dollars intended for public schools. We Mr. CUMMINGS. Mr. Speaker, I rise to leash their full potential and chase their should be investing public dollars in public honor the memory of the Rev. Dr. Martin Lu- dreams. schools, not diverting critically needed re- ther King, Jr. and to deliver a message from President George H.W. Bush once said, ‘‘A sources to private institutions. Private schools those of us who were young in Dr. King’s volunteer is a person who can see what oth- are not held to the same standards as our time. ers cannot see; who can feel what most do public schools—including civil rights laws and We cannot honor Dr. King without recalling not feel. Often, such gifted persons do not accountability measures—and are not required the difficult and unfair world that he set out to think of themselves as volunteers, but as citi- to provide the same services, such as edu- change. zens—citizens in the fullest sense: partners in cating individuals with disabilities. And we do not honor him by pretending that civilization.’’ Vouchers take scarce resources away from no civil rights challenges remain to be over- With this statement as a benchmark, I am our children and provide no accountability for come. proud to congratulate the members of the our tax dollars. While the D.C. voucher pro- It is also critical that we recall how well Dr. 2010–2011 Congressional Youth Advisory gram was in effect, multiple studies found that King understood that the challenges of civil Council for showing themselves to be out- the students in the program were not per- rights and economic injustice are inextricably standing young citizens of this nation. It is my forming better academically compared to other intertwined. privilege to submit summaries of their work to students in the District. In fact, the program He understood that working people—of the CONGRESSIONAL RECORD to be preserved was so poorly run that some students were al- every background—are too often in a struggle for posterity and antiquity. To these young lowed to use vouchers to attend unaccredited just to survive. public servants, thank you, and keep up the schools. Forty-three years after that tragic moment in great work! I salute you! The Republican House majority made the Memphis, Tennessee, Americans of good con- A copy of each submitted student summary largest cut to education in our history in their science are still in an economic struggle for follows: continuing resolution for Fiscal Year 2011 fundamental human dignity—and we are still I participated with my Boy Scout Troop in (H.R. 1) that passed the House. In the same in a national debate regarding what kind of na- preparing over three hundred food boxes for bill, they proposed to fund the D.C. voucher tion ours will become. the poor. We arrived at the headquarters of system at $15.5 million. Again, my Republican And, in this ongoing struggle, Americans of the ‘‘Food for the Families’’ around 8:30 in colleagues cut public education in all 50 states Color are not alone in having our fundamental the morning. After re-arranging the boxes while reviving millions of dollars for vouchers human rights denied. into three rows of seventy-five, we waited for the truck to deliver the food. Once the food for one percent of students in the District of According to an October 2010 report re- arrived, we stacked it according to type. Columbia. leased by the Congressional Research Serv- Vegetables of each type in their own cat- For these reasons, I urge my colleagues to ice, 3.7 million more persons fell below the egory, hams in another, and so on. Once all oppose H.R. 471 and any funding efforts for poverty line in 2009 compared to the number the items were stacked, a team was created this failed program. below the poverty line in 2008.

∑ 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 03:01 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A05AP8.001 E05APPT1 jbell on DSKDVH8Z91PROD with REMARKS E632 CONGRESSIONAL RECORD — Extensions of Remarks April 5, 2011 These 3.7 million people were pushed into resentatives that the students of the 2010– CONGRATULATING THE MAROON poverty and left to suffer the consequences of 2011 Congressional Youth Advisory Council, GIANTS OF KALAMAZOO CEN- a recession they did not create. CYAC, from the Third District of Texas have TRAL HIGH SCHOOL As a result, in 2009, a total of 43.6 million completed a total of 500 community service people had incomes below the poverty line— hours, fulfilling and far-surpassing the require- HON. FRED UPTON more than at any time since we began track- ments of their assigned CYAC in the Commu- OF MICHIGAN ing this measure in 1959—9 years before Dr. nity service project. IN THE HOUSE OF REPRESENTATIVES King’s death. Tuesday, April 5, 2011 Within that figure, one in every five children This year 46 students from public, private, in this country lived in poverty in this nation in and home schools in grades 10 through 12 Mr. UPTON. Mr. Speaker, I rise today to 2009. This is a staggering and shameful fig- made their voices heard by joining CYAC. As congratulate the Maroon Giants of Kalamazoo ure. the Third District’s young ambassadors to Central High School on their second straight Mr. Speaker, far too many Americans are Congress, these bright high school students Michigan state championship win in men’s being subjected to the most crippling segrega- met with me on a quarterly basis to discuss basketball. These outstanding young men tion of all: the segregation from hope that is current events and public policy. These im- have worked hard for this accomplishment and have made their community very proud. the inevitable result of poverty. pressive young people recognize an important On the anniversary of Dr. King’s assassina- Winning a state championship is a remark- truth: the heart of public service is found when able achievement that few teams attain. Win- tion, we recall that he was struck down in giving back to the community. CYAC students Memphis while he was supporting a sanitation ning back-to-back championships is an incred- volunteered their time and talents with over 30 ible legacy that will live with Kalamazoo Cen- union’s struggle for a living wage. organizations including Adopt-A-Highway, Dr. King understood that the struggle of tral forever. The Maroon Giants and Coach Habitat for Humanity, Meals on Wheels, Teen workers to win their rights is part of the con- Mike Thomas know what brought this second Court, and the USO, to name a few. As one tinuing struggle of labor for opportunity. straight state title back to Kalamazoo—hard More than 40 years after Dr. King’s death, student shared, ‘‘CYAC in the Community has work. It was running that one extra sprint and this struggle continues—and the victories won allowed me to realize my calling to serve shooting that extra free throw after practice years ago are at risk perhaps as never before. those in the U.S. Armed Forces.’’ I am beyond that helped make the Maroon Giants cham- Many are seeking to tear down American thrilled that CYAC has helped students un- pions. Nobody outworked the Giants, and no- workers’ most fundamental rights and to undo leash their full potential and chase their body could beat them in the state tournament, the advances that paved the paths that have dreams. and nobody had a greater following or more community support. The Giants truly lived up carried so many to the middle class. President George H.W. Bush once said, ‘‘A to their name on the court. As we see that struggle unfold, I urge us to volunteer is a person who can see what oth- remember what we are fighting for. It is an honor to pay tribute to the entire Ma- ers cannot see; who can feel what most do roon Giants squad: Tyler Bell, Allie Buchanan, As Dr. King often observed, the civil rights not feel. Often, such gifted persons do not objectives of our time are not limited to the Tens Buchanan, TJ Buchanan, Jamaal Con- think of themselves as volunteers, but as citi- struggles of Black people or of any minority ger, Brandon Delk, Juwan Gamble, Lee Gard- zens—citizens in the fullest sense: partners in group. ner, H’ian Hale, Quante Hill, JeRon Johnson, Rather, we are engaged in a peaceful strug- civilization.’’ Mark Justice, Daquavion McCants-Wilson, gle to advance the human and civil rights of With this statement as a benchmark, I am De’tavia Moore, Darius Norman, Von Wash- ALL AMERICANS. proud to congratulate the members of the ington III, and Davarius Williams. I also want Our mission—Dr. King’s vision transported 2010–2011 Congressional Youth Advisory to recognize head coach Mike Thomas and assistant coaches Thomas Dillard, Anthony into our time—is to transform the ‘‘human Council for showing themselves to be out- Stuckey, Matt Price, Brandon Williams, Tim rights’’ of all Americans into civil rights pro- standing young citizens of this nation. It is my Gleeson, Alan Lee and team manager tected by law. privilege to submit summaries of their work to We are fighting, as our colleague and friend Aminder Sohi. We salute all of you. the CONGRESSIONAL RECORD to be preserved On behalf of all the residents of southwest Congressman JOHN LEWIS has observed, for for posterity and antiquity. To these young Michigan, congratulations again to the Maroon the rights that will enable all Americans to public servants, thank you, and keep up the have jobs that provide them ‘‘the opportunity Giants, Coach Thomas, and the entire Kala- great work! I salute you! to realize their full potential as individual peo- mazoo community—you are an inspiration to ple.’’ A copy of each submitted student summary us all. It is Giant pride at its finest. Go Giants! At a time when many low-wage jobs do not follows: f pay enough to enable a family to make ends As a representative for Sam Johnson’s IN CELEBRATION OF THE TOWN meet, and at a time when people can work 40 CYAC of the 2010–2011 year I decided to vol- OF MONSON’S 250TH ANNIVERSARY or even 50 hours a week and still fall behind, unteer in my community by participating we honor Dr. King’s struggle by continuing his with Habitat for Humanity. Habitat for Hu- HON. RICHARD E. NEAL fight to create a just society where every per- manity is a global, non-profit organization OF MASSACHUSETTS son can fulfill the potential God has given to that seeks to shelter the homeless and poor IN THE HOUSE OF REPRESENTATIVES them. by building comfortable homes with the help And we continue that fight by ensuring that of volunteers from the surrounding commu- Tuesday, April 5, 2011 the hard-won rights of working Americans are nity. I volunteered several hours from what Mr. NEAL. Mr. Speaker, I would like to ac- seen as inviolable and as essential to the suc- would have been just another ‘‘lazy’’ Satur- knowledge the yearlong celebration of the cess of our entire nation. day afternoon to go to Wylie in an effort to town of Monson, Massachusetts’ 250th anni- I urge every American to join this fight. help the organization with building a home. versary. The town was founded by a small The organizers were very friendly and help- f group of residents from Brimfield, Massachu- ful in pointing me in the right direction and setts, who petitioned for a town of their own. RECOGNIZING THE 2010–2011 CON- very clear and concise on instructions for The first town meeting of Monson was held in GRESSIONAL YOUTH ADVISORY the work that I would be tasked with. I 1760. When it was founded, Monson was a COUNCIL FOR 500 HOURS OF OUT- found a hands-on approach to be the best center for manufacturing in Massachusetts, way to contribute to my community and STANDING SERVICE TO THE with an abundance of mills powered by the COMMUNITY—ERIC PARKER learned a lot from one evening with fellow charity workers. I was able to make a dif- water found in the nearby hills. Today, Mon- ference in someone’s life by helping build son is known primarily for their involvement in HON. SAM JOHNSON shelter and contributing to society. I learned the arts, especially the theater and festivals. OF TEXAS that community service is an overlooked To honor this historic occasion, the town of IN THE HOUSE OF REPRESENTATIVES part of life that when performed can cause a Monson held a yearlong celebration with dif- ferent events held by members of the Monson Tuesday, April 5, 2011 person to feel good in a way that can’t be ac- complished by common means. I look for- Steering Committee and several non-profit or- Mr. SAM JOHNSON of Texas. Mr. Speaker, ward to working with Habit for Humanity ganizations located in the town. it is my pleasure and privilege to inform the again in the future. This yearlong celebration of the town’s anni- Members of the United States House of Rep- —Eric Parker versary began in April 2010, and will conclude

VerDate Mar 15 2010 03:01 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K05AP8.001 E05APPT1 jbell on DSKDVH8Z91PROD with REMARKS April 5, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E633 on April 9, 2011. The inaugural event of the Greek-American communities in America. And privilege to submit summaries of their work to festival was a bonfire held at Veterans Field. just as Greek citizens were integral in trans- the CONGRESSIONAL RECORD to be preserved Throughout the year there were family events forming Ancient Greece into a beacon of de- for posterity and antiquity. To these young and festivals, including the annual Summerfest mocracy and culture, Greek-Americans in Oak public servants, thank you, and keep up the held on the 4th of July, and the family ice Lawn, Palos Hills, and throughout South- great work! I salute you! cream social and concert sponsored by the western Chicagoland have proudly contributed A copy of each submitted student summary Friends of the Keep Museum. Families also their strong cultural heritage and values into follows: enjoyed the picnic held at Flynt Park. Other the patchwork that makes the Third District so For the past three months. I have been vol- outdoor activities included a walk/run spon- distinct. unteering my time weekly at the local ele- sored by the Peaked Mountain Committee and It is with great gratitude and pride that I rise mentary school by my house, Faith Lu- theran. I am a volunteer basketball coach for a motorcycle hill climb sponsored by the to honor the independence of a nation that, a group of about eleven 5th and 6th graders Quaboag Riders & Monson Lions Club. There from ancient times, has bestowed upon its citi- who attend the school. We have a couple of were many cultural events as well, such as zens the fundamental rights of liberty and par- games each week and have practices every the Monson Arts Council’s craft fair, the Mon- ticipation in the democratic process. Though Saturday morning at the school. The group son Bellmen Antique Fire Apparatus Club and rooted in ancient ideals, our strong allegiance of kids is very inexperienced as a whole so Museum’s open house, and the Monson Ro- with Greece continues to this day through a our practices are very important. We prac- tary Club’s concert at Dave Grieve Park. shared belief that freedom and democracy are tice dribbling, passing, team building, team plays, and shooting for fun at the end. The A quilt show was held in which 50 Monson the building blocks of peace. At home, I have practices were highly successful as I man- quilters donated a block to make a commemo- witnessed firsthand the positive cultural herit- aged to teach the guys 8 plays total and ev- rative 250th anniversary quilt. This quilt will be age Greek-Americans bring to our local com- eryone improved their skills individually as on display continually in various buildings in munities, and I trust that the bonds between well over the year. The weekly games were the town. The concluding event of this festival our two nations will remain strong for years to always a fun and frustrating experience as I will be the Monson 250th Gala Ball with the come. tried to coach a team to win as well as mak- ing it a fun learning experience for the kids. theme of ‘‘Remembering Monson.’’ The ball f will have a continuous slide show of all the old In the end all the hard work paid off as the RECOGNIZING THE 2010–2011 CON- boys had the first-ever undefeated season for and new businesses and homes in Monson, the school and won the tournament at the as well as a display of Monson’s non-profit or- GRESSIONAL YOUTH ADVISORY COUNCIL FOR 500 HOURS OF OUT- end of the season. I can tell the kids learned ganizations. a lot throughout the season, and I know I The town of Monson has been an important STANDING SERVICE TO THE learned how rewarding an experience it can part of Massachusetts since well before the COMMUNITY—ZACH PALISCH be to teach young children and watch them United States was founded. While this quin- learn and grow. tessential New England town is a place where HON. SAM JOHNSON —Zack Palisch families have lived for generations, Monson OF TEXAS f has also grown into a dynamic center for arts, IN THE HOUSE OF REPRESENTATIVES RECOGNIZING SERVICE OF DR. culture and a thriving workplace. On its 250th Tuesday, April 5, 2011 RICHARD LINTON, VICE PRESI- anniversary, I am honored to represent the DENT OF RESEARCH AND GRAD- Mr. SAM JOHNSON of Texas. Mr. Speaker, town of Monson and I look forward to cele- UATE STUDIES AT THE UNIVER- it is my pleasure and privilege to inform the brating many more anniversaries. SITY OF OREGON Members of the United States House of Rep- f resentatives that the students of the 2010– HONORING MARCH 25, 2011 AS THE 2011 Congressional Youth Advisory Council HON. PETER A. DeFAZIO 190TH ANNIVERSARY OF (CYAC) from the Third District of Texas have OF OREGON GREECE’S INDEPENDENCE completed a total of 500 community service IN THE HOUSE OF REPRESENTATIVES hours, fulfilling and far surpassing the require- Tuesday, April 5, 2011 HON. DANIEL LIPINSKI ments of their assigned CYAC in the Commu- Mr. DEFAZIO. Mr. Speaker, I rise today to OF ILLINOIS nity service project. recognize a person who has made an impor- IN THE HOUSE OF REPRESENTATIVES This year 46 students from public, private, tant impact on the state of Oregon and the and home schools in grades 10 through 12 Tuesday, April 5, 2011 federal research enterprise through his work at made their voices heard by joining CYAC. As the University of Oregon as Vice President for Mr. LIPINSKI. Mr. Speaker, I rise today in the Third District’s young ambassadors to Research and Graduate Studies. Dr. Richard celebration of the 190th anniversary of Greek Congress, these bright high school students Linton is the longest serving vice president of independence. It is an honor to recognize a met with me on a quarterly basis to discuss research in the University of Oregon’s history nation whose rich and vibrant history not only current events and public policy. These im- and among the longest-serving vice presidents laid the foundation for democracy, but whose pressive young people recognize an important of research within the Association of American immigrants and descendants have enriched truth: the heart of public service is found when Universities’ membership. the cultural landscape of our nation. giving back to the community. CYAC students He leaves the university after more than a The warm friendship that America shares volunteered their time and talents with over 30 decade of service. Dr. Linton’s leadership has with Greece is rooted in the indelible mark of organizations including Adopt-A-Highway, markedly improved the university’s federal re- democracy and self-determination that Hel- Habitat for Humanity, Meals on Wheels, Teen search enterprise, enabling university faculty lenic culture has left on our country. Just as Court, and the USO, to name a few. As one and researchers to engage in discovery, inno- our founding fathers were guided by these student shared, ‘‘CYAC in the Community has vation and scholarship that contribute to soci- principles in their fight for independence from allowed me to realize my calling to serve ety’s well-being and our understanding of our a foreign empire, so too were the founders of those in the U.S. Armed Forces.’’ I am beyond world. modern-day Greece, who declared their inde- thrilled that CYAC has helped students un- Dr. Linton deserves special recognition for pendence from the Ottoman Empire on March leash their full potential and chase their his guidance of sponsored programs, research 25th, 190 years ago. Since the birth of both dreams. initiatives, graduate education, technology nations, we have striven together to uphold President George H.W. Bush once said, ‘‘A transfer and the university’s research park. the values of freedom, equality, and justice volunteer is a person who can see what oth- Under his leadership, UO has seen sustained championed by the Ancient Greeks. We have ers cannot see; who can feel what most do growth in federal research grants and tech- joined together to promote peace and stability not feel. Often, such gifted persons do not nology transfer activities. He has guided the in the world, and Greece has allied with the think of themselves as volunteers, but as citi- UO in growing and launching interdisciplinary U.S. in every major international conflict zens—citizens in the fullest sense: partners in centers and initiatives spanning the innovation throughout the 20th century. civilization.’’ cycle, from basic discovery to commercializa- From architecture to the democratic ideals With this statement as a benchmark, I am tion. we cherish, Greek culture has had a continued proud to congratulate the members of the I am particularly pleased that companies di- influence on the way Americans live their ev- 2010–2011 Congressional Youth Advisory rectly derived from University of Oregon re- eryday lives. Illinois’ Third District is fortunate Council for showing themselves to be out- search currently employ more than 255 Or- to have one of the largest and most vibrant standing young citizens of this nation. It is my egonians and in 2010 generated more than

VerDate Mar 15 2010 03:01 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A05AP8.007 E05APPT1 jbell on DSKDVH8Z91PROD with REMARKS E634 CONGRESSIONAL RECORD — Extensions of Remarks April 5, 2011 $32 million in revenue for Oregon’s economy. to the 174th Fighter Wing, assigned to the Award with Combat ‘‘V’’ device and nine oak A remarkable accomplishment. 174th Maintenance Squadron as Crew Chief leaf clusters; Air Force Good Conduct Medal, At the core of Rich Linton’s decade of ac- on the A–10A Thunderbolt aircraft, and subse- with one oak leaf cluster; Air Reserve Forces complishment at the university is his ability to quently held assignments in the 174th Mainte- Meritorious Service Medal, with nine oak leaf be collaborative and to establish important nance Operations Flight, and the 174th Oper- clusters. His military campaign and service strategic partnerships that have contributed ations Group, supporting F–16C Fighting Fal- awards include the National Defense Service greatly to the region’s economic security and con Maintenance Operations, and RC–26 Medal, with two bronze service stars; Armed future. Thank you, Dr. Linton! Counterdrug Operations. Forces Expeditionary Service Medal with one f The 174th Fighter Wing was called mobi- bronze service star; Viet Nam Service Medal lized and called to active duty on 29 Decem- with one bronze campaign star; Southwest TRIBUTE TO SENIOR MASTER SER- ber 1990. On 2 January 1991, Sergeant Asia Service Medal, with three bronze cam- GEANT JOSEPH F. GIANETTO II Gianetto deployed to Al Kharj Air Base, King- paign stars; Iraq Campaign Medal, with two dom of Saudi Arabia, in support of Operation bronze campaign stars; Global War on Ter- HON. ANN MARIE BUERKLE Desert Shield/Desert Storm during the Persian rorism Expeditionary Medal; Global War on OF NEW YORK Gulf War. He returned from the Persian Gulf Terrorism Service Medal; Military Outstanding IN THE HOUSE OF REPRESENTATIVES on 20 May 1991 and was released from active Volunteer Service Medal, Humanitarian Serv- Tuesday, April 5, 2011 duty on 13 June 1991. He also served in Op- ice Medal; Air Force Overseas Service Rib- eration Northern Watch from 23 August to 16 bon, with two oak leaf clusters; Air Force Ex- Ms. BUERKLE. Mr. Speaker, I rise today to September 1997, and Operation Southern peditionary Service Ribbon, with gold combat honor the career of Senior Master Sergeant Watch from 28 February to 8 April 2000 and frame and two oak leaf clusters; Air Force Joseph F. Gianetto II. Originally from Oswego, again from 28 July to 28 August 2001, all in Longevity Service Ribbon, with eight oak leaf NY, Sergeant Gianetto enlisted in 1971 and support of contingency operations against clusters; Armed Forces Reserve Medal with subsequently has spent over 391⁄2 years with Iraq. After the September 11th terrorist at- gold hourglass device, mobilization ‘‘M’’ de- United States Air Force and the New York Air tacks, he performed over 40 days of active vice, and numeral ‘‘7’’; Noncommissioned Offi- National Guard. Sergeant Gianetto has been duty supporting Combat Air Patrol sorties in cer Professional Military Education Ribbon, decorated with numerous medals, awards and support of Operation Noble Eagle. with two oak leaf clusters; Small Arms Expert service distinctions. It is my honor to recog- On 14 October 2003, Sergeant Gianetto vol- Marksmanship Ribbon; and Air Force Training nize such a distinguished citizen and airman. unteered for his forth Air Expeditionary Force Ribbon. Sergeant Gianetto’s Foreign Service Sergeant Gianetto began his military career deployment in Support of the Global War on awards include the Republic of Viet Nam Gal- in the Air Force on the delayed enlistment pro- Terrorism. He deployed to Al Udeid Air Base, lantry Cross with palm device; Republic of Viet gram in June 1971 and was called to active Emirate of Qatar, and was attached to the Nam Campaign Medal with date bar; Kuwait duty in October 1971. Upon completion of 379th Expeditionary Maintenance Operations Liberation Medal-Saudi Arabia; and the Kuwait basic training at Lackland Air Force Base, Squadron, from 17 October 2003 to 5 Decem- Liberation Medal-Kuwait. Texas, in November 1971, Sergeant Gianetto ber 2003, in support of combat operations in Sergeant Gianetto also holds the following began technical school training as an Aircraft Iraq and Afghanistan during Operation Endur- New York State awards and decorations: New Maintenance Specialist at Sheppard Air Force ing Freedom and Operation Iraqi Freedom. York State Military Commendation Medal; New Base, Texas. In March 1972, he was assigned On 28 November 2006, Sergeant Gianetto York State Long and Faithful Service Award, to 314th Tactical Airlift Wing, Organizational was again called to active duty deployed to with one gold and one silver device; New York Maintenance Branch, Flight-line Maintenance, Balad Air Base, Iraq in support of Operation State Desert Storm Service Medal; New York Little Rock Air Force Base, Arkansas, and Iraqi Freedom, where he was assigned to the State Defense of Liberty Medal; New York began on-the-job training for his five-skill level 332d Expeditionary Maintenance Group. While State Conspicuous Service Cross, with one on the C–130E Hercules aircraft. He remained there he worked as a Senior Weapon Systems silver device; New York State Conspicuous in that position until May 1973. Controller and Shift Supervisor, coordinating Service Star, with one gold and two silver de- In May 1973, Sergeant Gianetto was reas- maintenance operations for three different ac- vices; New York State Recruiting Medal; New signed to the 56th Special Operations Wing, tive duty and Air National Guard assigned air- York State Counterdrug Ribbon; New York Organizational Maintenance Squadron, Flight- craft supporting contingency operations State Exercise Support Ribbon, with three ‘‘E’’ line Branch, Nahkon Phanom Royal Thai Air throughout the Iraqi theater of operations. Ser- devices; and the Medal for Humane Service to Force Base, Thailand, in support of combat geant Gianetto redeployed after 96 days in- New York State; and the New York State Air operations in Southeast Asia. While assigned theater and was released from active duty on Guard First Sergeant Ribbon. with the 56th Organizational Maintenance 1 April 2007. He is also the recipient of the Air National Squadron he performed duties as Aircraft Sergeant Gianetto had been employed as Guard Noncommissioned Officer Academy Crew Chief on the OV–10A Bronco aircraft an Air National Guard Technician since June Graduate Association, Outstanding Graduate and deployed to forward operating locations at 1980, working as an A–10 Aircraft Mechanic; of the Year Award for 1995; the 1999 Vet- Ubon Royal Thai Air Force Base, Takhli Royal Aircraft Production Controller; Aircraft Produc- erans of Foreign Wars Post #5885, All-State Thai Air Force Base, and Korat Royal Thai Air tion Control Supervisor; Aircraft Production Commanders Award; and the 174th Fighter Force Base. Control Superintendent; and a Logistics Man- Wing Senior Noncommissioned Officer of the After completion of his tour of duty in South- agement Technician. He retired from his full- Year Award for 2001. In May 2004, Sergeant east Asia, Sergeant Gianetto was reassigned time technician position on 1 March 2008. Gianetto received the American Red Cross to 314th Tactical Airlift Wing, Field Mainte- Militarily, he was assigned as the NCOIC for Veterans award. He was also named the nance Branch, Little Rock AFB, Arkansas, the 174th Fighter Wing RC–26 Counterdrug 174th Fighter Wing Base Honor Guard Senior where he worked in the Repair and Reclama- office on 23 June 2008, and is a former Main- Noncommissioned Officer of the Year for tion Shop as an Aircraft Maintenance Techni- tenance Squadron First Sergeant. He has over 2005. cian performing heavy maintenance on the C– 391⁄2 years combined service, eight years of His effective dates of promotion are: Air- 130E aircraft. He was subsequently reas- active duty in the United States Air Force, and man—16 November 1971; Airman First signed to the 314th Headquarters Squadron the remainder with the New York Air National Class—1 April 1972; Sergeant—1 November as an Aircraft Job Controller coordinating the Guard. 1973; Staff Sergeant—1 November 1976; maintenance efforts on a fleet of over 100 C– During these times and throughout his ca- Technical Sergeant—1 October 1980; Master 130E Hercules aircraft. reer, Sergeant has displayed honorable char- Sergeant—1 February 1986; Senior Master Sergeant Gianetto applied for a release acter and service to the United States Air Sergeant—13 February 1990. from active duty under the Palace Chase Pro- Force and 174th Fighter Wing, and our coun- Sergeant Gianetto is a Past Post Com- gram. His release from active duty was grant- try. His military decorations include the Meri- mander and ‘‘Life’’ of the Veterans of Foreign ed in September 1979. He became a member torious Service Medal; Air Force Commenda- Wars, Quatrini-Dehm Post No. 5885, located of the 107th Fighter Interceptor Group, Organi- tion Medal, with one oak leaf cluster; and Air in Oswego, New York. He is also member the zational Maintenance Branch, Flight-line Main- Force Achievement Medal; five oak leaf clus- American Legion, James Harvey Spire Post tenance, New York Air National Guard, Niag- ters. His military unit and achievement awards No. 787, Cicero, New York. He is a member ara Falls, New York, and was assigned as a include the Joint Service Meritorious Unit of the Air Force Association; the Air Force Crew Chief on the RF–101 Voodoo aircraft. In Award; Meritorious Unit Award, with two oak Sergeants Association; the Enlisted Associa- January 1980, Sergeant Gianetto transferred leaf clusters; Air Force Outstanding Unit tion of the National Guard of the United

VerDate Mar 15 2010 03:01 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A05AP8.009 E05APPT1 jbell on DSKDVH8Z91PROD with REMARKS April 5, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E635 States; the Enlisted Association of the New quickly improved. Dirt from the streets was unhappiness, the Neighborhood House has York National Guard; and the 174th Alumni used as fill, grass was sown, East Side florists striven to relieve the drab hopelessness of the Association. He is a member of the Air Na- provided flowers, the Monroe Nurseries gave situation.’’ During these hard times the Neigh- tional Guard Noncommissioned Officer Acad- shrubs and the old dump was transformed. borhood House was often a last resort for emy Graduates Association; and the American The Ohio Neighborhood Institute, commonly people. Veterans (AmVets). He is also an active mem- called the Neighborhood House, was incor- Volunteers would bring in clothing, a baker ber of the 174th Fighter Wing Base Honor porated and the property at 1019 and 1027 would send surplus stock and mothers, as it Guard, and a member of Bugles Across Amer- Vinal Street developed rapidly. M.J. Riggs, su- was recorded, would ‘‘accomplish wonders ica. perintendent of the American Bridge Company with a yard of goods and a button. The Neigh- Without question, Mr. Speaker, Sergeant in East Toledo, helped purchase playground borhood House became a clearing house for Gianetto is a very special person. He willingly equipment along with paint, fencing, and orna- the needs of the community and the human served his nation, exuding loyalty and pride. mental gates and posts. spirit would not be extinguished by these hard For his unrelenting service, Sergeant Gianetto A depression in 1908 led to what some fam- times. By the 1940’s as the economic times can retire knowing he has earned such a sta- ilies called the ‘‘slim winter.’’ When no assist- began to improve and the Neighborhood tus. I would like to wish him well in his retire- ance was available to help the many families House continued to provide a place for people ment years, as he will now be able to spend who were out of work, Mrs. Hoover and East of all ages in the community to grow and be- more free time with his wife Dale, his three Side businessmen stepped in to provide food come better citizens and better Americans. daughters, Christina Gianetto, Jennifer and aid through the Neighborhood House. The Neighborhood House kept growing fol- (Gianetto) Rowan, Brynn Leigh (Shattuck) During the years of World War I there was a lowing the post-World War II boom years until Shamp, sons Ryan and Kegan Shattuck, and need for classes in English for both children a new building was needed in the early grandson Nehemiah Shamp. Sergeant and adults as more and more immigrants 1970’s. The Center stood as a bulwark Gianetto, thank you for all your years of hard came to work in the factories of America. Be- through neighborhood changes in the 1980s work, dedication and service to our country. fore Oakdale School opened, school classes and 1990s and adapted to the changing needs f were held at the Neighborhood House for of East Side residents. Now as the 21st cen- small children of various grades. tury progresses and it is into its twelfth decade CELEBRATING 110 YEARS OF THE By 1916 the Neighborhood House had a of service, The East Toledo Family Center EAST TOLEDO FAMILY CENTER large playground. It featured a merry-go- serves more people and provides more serv- round, basket swing, May pole and an enor- ices than at any other time in its long history. HON. MARCY KAPTUR mous sand box. A ‘‘Sunshine House’’ donated Tradition has been maintained even as serv- OF OHIO by Dorothy Kimball was used to help children ices develop and grow so that efforts continue IN THE HOUSE OF REPRESENTATIVES learn how to keep house. Tea parties were to be directed toward providing educational, Tuesday, April 5, 2011 held to teach the children ‘‘proper manners’’ economic, social and recreational opportuni- when entertaining and of course there were ties for working class families and children. Ms. KAPTUR. Mr. Speaker. I rise today to sports of all kinds, including boxing matches. Through more than a century of careful recognize a milestone on the long road of Attendance records from 1916 show just stewardship, the leaders of the East Toledo service of the East Toledo Family Center in how important the work of the Neighborhood Family Center have carried forth the vision of my District. At this Sunday’s annual Renais- House was to the community. The Vinal Street Rev. Hoover and the founding members. It re- sance Gala, our community will pay tribute to playground was used by five thousand chil- mains a beacon of light, shining on into a new this achievement. The East Toledo Family dren that year and almost thirty-five hundred century of service. Center is an incredible community-building re- people attended American Citizenship classes. f source. Every year, its dedicated staff and vol- Over two thousand people came to other lec- unteers touch the lives of thousands of citi- tures while a ‘‘School of Conduct’’ attracted RECOGNIZING THE 2010–2011 CON- zens of all ages—for recreation, health care, nearly twenty-seven hundred people. A sat- GRESSIONAL YOUTH ADVISORY meals, community activities, holiday gath- ellite ministry of the Neighborhood House, the COUNCIL FOR 500 HOURS OF OUT- erings and family support. Every neighborhood Ironville Neighborhood Settlement, called Lin- STANDING SERVICE TO THE should be so fortunate as to have such a wel- coln Place, had seventy-eight hundred partici- COMMUNITY—ZACH RALSTIN coming, caring, and effective community cen- pants during 1916. For the year, 28,766 peo- ter. The East Toledo Family Center surely is ple were involved in all the activities of this im- HON. SAM JOHNSON the heart of East Toledo. portant East Side ministry. OF TEXAS Nearly 110 years ago, according to the Cen- The importance of the Neighborhood House IN THE HOUSE OF REPRESENTATIVES ter’s historical records, on Sunday, August 4th, to the community is apparent by the number 1901, Rev. H.W. Hoover held a tent meeting of companies and individuals who contributed Tuesday, April 5, 2011 on factory grounds owned by D.J. to its support. A list of hundreds of donors in- Mr. SAM JOHNSON of Texas. Mr. Speaker, Nysewander in East Toledo. A list survives of cludes the names of some of Toledo’s most it is my pleasure and privilege to inform the those who contributed towards the ‘‘interest on prominent citizens. Here can be found the Members of the United States House of Rep- loan, sidewalks, hymn books, lights and piano names Ernest Tiedtke, Thomas DeVilbiss, Ed- resentatives that the students of the 2010– tuning’’ for this first Industrial Heights Mission ward Ford, General Sherwood, Mr. Walbridge, 2011 Congressional Youth Advisory Council Contributors included such well known East Mr. Detwiler and Mr. LaSalle, along with such (CYAC) from the Third District of Texas have side names as Metzger, Rideout, Tracy, and East Side names as Winchester, Hoeflinger, completed a total of 500 community service Hirzel. The Mission lasted for several days Eggleston, Gardner and Tucker. Edward hours, fulfilling and far-surpassing the require- and was enlarged into ‘‘settlement work’’ to Drummond Libbey was also an important early ments of their assigned CYAC in the Commu- help the many new immigrants in the area be- benefactor. nity service project. come adjusted to life in America. By 1927 there were three buildings on the This year 46 students from public, private, A Baptist minister from Ontario, Canada, Vinal Street property. During the dark days of and home schools in grades 10 through 12 Rev. Hoover was just past the age of 40 when the Great Depression the bad times began to made their voices heard by joining CYAC. As he began his mission work in Toledo’s East take their toll on the working class families of the Third District’s young ambassadors to Side. His efforts resulted in the formation of East Toledo and the Neighborhood House lost Congress, these bright high school students the Neighborhood House, where he spent the its founder when the Rev. Hoover passed met with me on a quarterly basis to discuss remaining years of his life until his passing at away in early 1932. An article by Isabel current events and public policy. These im- the age of 72. By the summer of 1902, prop- Toppin of the East Side Sun family records pressive young people recognize an important erty was obtained on Vinal Street, and adjoin- that ‘‘now many are losing the houses they truth: the heart of public service is found when ing lots were soon added through the gen- tried hard to maintain.’’ she continues ‘‘the giving back to the community. CYAC students erosity of East Toledoans Alexander Black, streams of little wagons and push carts head- volunteered their time and talents with over 30 George Metzger, Isaac Gerson, and Mr. ed for the city’s dole measures the depression organizations including Adopt-A-Highway, Nysewander. into which we have fallen.’’ It would be during Habitat for Humanity, Meals on Wheels, Teen The Center records its early years as the these times that the Neighborhood House Court, and the USO, to name a few. As one land on Vinal Street near East Broadway, would be needed all the more. Ms. Toppin student shared, ‘‘CYAC in the Community has which was originally a neglected dump, was goes on to say ‘‘In the midst of the general allowed me to realize my calling to serve

VerDate Mar 15 2010 03:01 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A05AP8.010 E05APPT1 jbell on DSKDVH8Z91PROD with REMARKS E636 CONGRESSIONAL RECORD — Extensions of Remarks April 5, 2011 those in the U.S. Armed Forces.’’ I am beyond record of appalling religious and military con- ments a risk-based inspection regime con- thrilled that CYAC has helped students un- trol and abuse of the Iranian people. sistent with the U.S.–E.U. aviation safety bilat- leash their full potential and chase their In Iran, there is no freedom of speech, no eral agreement. This provision supports dreams. freedom of the press, no freedom of religion— 130,000 American jobs, including many in my President George H.W. Bush once said, ‘‘A with life imprisonment or death meted out as home District. volunteer is a person who can see what oth- punishments for these ‘‘crimes.’’ This is a good bill which deserves this ers cannot see; who can feel what most do As Americans, we—along with our inter- body’s strong support. I urge my colleagues to not feel. Often, such gifted persons do not national allies—must speak out against these join with me in voting for this important legisla- think of themselves as volunteers, but as citi- abuses. The United Nations Human Rights tion. zens—citizens in the fullest sense: partners in Council should appoint a special expert to f civilization.’’ monitor and document the deterioration of With this statement as a benchmark, I am human rights in Iran and I urge this Congress SHIRLEY ATENCIO TRIBUTE proud to congratulate the members of the and our Administration to continue to impose 2010—2011 Congressional Youth Advisory and broaden strict U.S. sanctions, including on HON. SCOTT R. TIPTON Council for showing themselves to be out- the companies that provide the technology OF COLORADO standing young citizens of this nation. It is my that enables government monitoring and sup- IN THE HOUSE OF REPRESENTATIVES privilege to submit summaries of their work to pression of dissent. the CONGRESSIONAL RECORD to be preserved As a nation, we must support the desire of Tuesday, April 5, 2011 for posterity and antiquity. To these young any people to live free and stand strong Mr. TIPTON. Mr. Speaker, today I recognize public servants, thank you, and keep up the against abusive regimes. Shirley Atencio, of Center, Colorado. Ms. great work. I salute you. f Atencio was recently named Center Teacher A copy of each submitted student summary of the Year for her outstanding efforts in the follows: FAA REAUTHORIZATION AND REFORM ACT OF 2011 classroom. As a veteran teacher of 33 years, Beginning last semester, one of my best she has had a profound effect on the students friends and I started visiting Frankford Mid- SPEECH OF and parents of her community. dle School to partake in their Friday Night Ms. Atencio earned Teacher of the Year Academy event, where high school volun- HON. MIKE POMPEO teers such as ourselves tutor younger stu- honors this year because of her increased role OF KANSAS in curriculum planning around the district. She dents. We made a habit of going to many of IN THE HOUSE OF REPRESENTATIVES these sessions to help several students with is a leader among the teaching community in assignments and homework that they had Friday, April 1, 2011 modernizing and streamlining lesson strate- missed or fallen behind on. I continued to in- The House in Committee of the Whole gies. Largely due to her efforts, students have corporate this as a part of my service project House on the State of the Union had under access to a clearer and more focused edu- for CYAC. As I have volunteered at my old consideration the bill (H.R. 658) to amend cation. One of her primary goals is teaching school over these past few months, I have title 49, United States Code, to authorize ap- self respect and reliance to her students and come to realize that it is extremely impor- propriations for the Federal Aviation Admin- tant for us to give back to the generations to ensure that they have a strong affluence in istration for fiscal years 2011 through 2014, to the English language. behind us and provide them with an even streamline programs, create efficiencies, re- better education than we had received before duce waste, and improve aviation safety and Mr. Speaker it is an honor to recognize Shir- them. If younger students do not fully com- capacity, to provide stable funding for the ley Atencio today. Her leadership within the prehend their math or other lessons before national aviation system, and for other pur- community is an important part of the area’s reaching high school, chances are they will poses: success. I have no doubt she will continue to be less inclined to do as well as those with a Mr. POMPEO. Mr. Chair, I rise in support of be an excellent teacher for many years. more solid educational foundation, some- thing that every good student deserves. I H.R. 658, the FAA Reauthorization and Re- f form Act. I appreciate Chairman MICA and hope that I have been able to help teach or RECOGNIZING THE 2010–2011 CON- Chairman PETRI for crafting a fiscally conserv- reinforce some of those concepts with the GRESSIONAL YOUTH ADVISORY students I have spent time working with at ative bill that meets the significant needs of COUNCIL FOR 500 HOURS OF OUT- Frankford, and that I will continue to do so our aviation sector. to help them with and prepare them for high Having previously run an aerospace com- STANDING SERVICE TO THE school and the rest of their academic career. pany for 10 years and now having the honor COMMUNITY—GRANT POWELL —Zach Ralstin of representing the Air Capital of the World, f Wichita, Kansas, I know first hand the impor- HON. SAM JOHNSON HUMAN RIGHTS IN IRAN tance of this legislation. OF TEXAS First of all, I want to thank Chairman MICA IN THE HOUSE OF REPRESENTATIVES for including a provision of mine in the Man- Tuesday, April 5, 2011 HON. TOM REED ager’s Amendment that will allow the FAA to OF NEW YORK increase the number of UAS Test Ranges Mr. SAM JOHNSON of Texas. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES around the country. These Test Ranges are it is my pleasure and privilege to inform the Tuesday, April 5, 2011 essential to fostering innovation and private Members of the United States House of Rep- Mr. REED. Mr. Speaker, I rise today to sector development of the Unmanned Aerial resentatives that the students of the 2010– speak out against the atrocious record of System industry. If implemented properly by 2011 Congressional Youth Advisory Council, human rights in Iran. Across the Middle East, the FAA, I believe research and development CYAC, from the Third District of Texas have we have seen a growing pressure for change, and manufacturing hubs will grow up around completed a total of 500 community service with individuals standing up for their right to these ranges. I know of several communities hours, fulfilling and far-surpassing the require- live free. Yet, Iran remains a theocratic and in Kansas—including El Dorado, Salina, and ments of their assigned CYAC in the Commu- violently repressive dictatorship. Herington—where a Test Range not only nity service project. Iran’s opposition Green Movement—reinvig- makes sense, but could help stimulate the This year 46 students from public, private, orated by recent protests in the Middle East— local economy. and home schools in grades 10 through 12 has faced brutal suppression, including beat- Second, I want to thank the Chairman for made their voices heard by joining CYAC. As ings and arrests. A recent response by the Ira- not including something in this bill: User Fees. the Third District’s young ambassadors to nian leadership to a weekly Tuesday protest Aviation user fees would devastate the gen- Congress, these bright high school students calling for reforms included a brutal assault on eral aviation industry. User Fees would place met with me on a quarterly basis to discuss demonstrators. More disturbing, there has an unnecessary administrative burden and un- current events and public policy. These im- been a spike in executions—with the Inter- warranted additional costs on the system pressive young people recognize an important national Campaign for Human Rights esti- users. Simply put, these Fees would hurt the truth: the heart of public service is found when mating more than 90 individuals including po- General Aviation manufacturing industry, giving back to the community. CYAC students litical prisoners have been executed over the which has already lost tens of thousands of volunteered their time and talents with over 30 past two months. employees due to the global recession. organizations including Adopt-A-Highway, Clearly, any facade of Presidential and Par- Lastly, I want to highlight the inclusion of a Habitat for Humanity, Meals on Wheels, Teen liamentary elections is exposed through this Repair Stations provision. This section imple- Court, and the USO, to name a few. As one

VerDate Mar 15 2010 03:01 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A05AP8.011 E05APPT1 jbell on DSKDVH8Z91PROD with REMARKS April 5, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E637 student shared, ‘‘CYAC in the Community has COUNCIL OF THE DISTRICT program in the District of Columbia. We ap- allowed me to realize my calling to serve OF COLUMBIA, preciate your interest in providing support those in the U.S. Armed Forces.’’ I am beyond Washington, DC, March 30, 2011. to public education in the District. We strongly believe, however, that federal funds thrilled that CYAC has helped students un- Senator HARRY REID, Majority Leader, U.S. Senate, should be invested in the existing public edu- leash their full potential and chase their Washington, DC. cation program—both the public schools and dreams. DEAR SENATOR REID: We write to express the public charter schools—rather than di- President George H.W. Bush once said, ‘‘A our opposition to renewed efforts to expand a verted to private schools. volunteer is a person who can see what oth- federally-funded school voucher program in We support the decision by Congress and ers cannot see; who can feel what most do the District of Columbia. We appreciate your the President several years ago to phase out not feel. Often, such gifted persons do not interest in providing support to public edu- the voucher program. Multiple US Depart- cation in the District. We strongly believe, ment of Education reports of the program in- think of themselves as volunteers, but as citi- however, that federal funds should be in- dicate that the program has not lived up to zens—citizens in the fullest sense: partners in vested in the existing public education pro- the promises made by proponents. Moreover, civilization.’’ gram—both the public schools and the public a Government Accountability Office report With this statement as a benchmark, I am charter schools—rather than diverted to pri- revealed that many of the voucher students proud to congratulate the members of the vate schools. attend private schools with fewer resources 2010–2011 Congressional Youth Advisory We support the decision by Congress and and lower standards than our public schools. Council for showing themselves to be out- the President several years ago to phase out The evidence is clear that the use of vouch- the voucher program. Multiple US Depart- ers has had no statistically significant im- standing young citizens of this nation. It is my ment of Education reports of the program in- pact on overall student achievement in math privilege to submit summaries of their work to dicate that the program has not lived up to or reading, or for students from schools in the CONGRESSIONAL RECORD to be preserved the promises made by proponents. Moreover, need of improvement. for posterity and antiquity. To these young a Government Accountability Office report We have serious concerns about using gov- public servants, thank you, and keep up the revealed that many of the voucher students ernment funds to send our students to pri- great work! I salute you! attend private schools with fewer resources vate schools that do not have to adhere to A copy of each submitted student summary and lower standards than our public schools. the same standards and accountability as do The evidence is clear that the use of vouch- public and public charter schools. For exam- follows: ers has had no statistically significant im- ple, private religious schools, which 80% of For my CYAC community service project, pact on overall student achievement in math voucher students attend, operate outside the I volunteered as an attorney at the Collin or reading, or for students from schools in anti-discrimination provisions of the Dis- County Teen Court, providing 30 hours of need of improvement. trict’s Human Rights Act. Moreover, the service between October 2010 and January We have serious concerns about using gov- voucher proposal is inequitable: if fully fund- 2011. The mission of Teen Court is to teach ernment funds to send our students to pri- ed, the authorization would provide at least first-time juvenile misdemeanor offenders a vate schools that do not have to adhere to $8,000 per student for vouchers, but only lesson by sentencing the defendants with the same standards and accountability as do about $723 per public charter school student, service hours and jury duty. The jury at public and public charter schools. For exam- and even less—about $437 per public school Teen Court hears the testimony of the de- ple, private religious schools, which 80% of student. fendants and the arguments of the attorneys voucher students attend, operate outside the Although we believe that students who are in order to come to a decision. A judge pre- anti-discrimination provisions of the Dis- already receiving a voucher should have the sides over the court proceeding and makes trict’s Human Rights Act. Moreover, the opportunity to maintain and use that vouch- the court session formal and official. Teen voucher proposal is inequitable: if fully fund- er through graduation from high school, we Court is vital to the lives of young people in ed, the authorization would provide at least do not support expansion of the program to the Collin County community. Not only do $8,000 per student for vouchers, but only new students. The District has devoted con- the defendants in Teen Court begin to strive about $723 per public charter school student, siderable funds to public education. As a re- for better character; the jury members that and even less—about $437 per public school sult, parents in the District have both public hear the testimony of the defendants make student. school choice and access to the most exten- sound changes in their own lives also. Although we believe that students who are sive set of alternatives to traditional public Through my work at Teen Court I have already receiving a voucher should have the schools in the country. helped the teens who have made poor judg- opportunity to maintain and use that vouch- We appreciate your willingness to take ment. My job as an attorney has been crucial er through graduation from high school, we into account the wishes of the District’s to bring the facts of the cases to the jury so do not support expansion of the program to elected officials on the quintessentially local that they can deliver fair verdicts. In addi- new students. The District has devoted con- matter of education as you consider this tion, my experience in the Teen Court has siderable funds to public education. As a re- issue. inspired me to consider law as a potential ca- sult, parents in the District have both public Sincerely, reer choice. school choice and access to the most exten- MICHAEL A. BROWN, —Grant Powell sive set of alternatives to traditional public Councilmember, At- schools in the country. Large. We appreciate your willingness to take f MARY M. CHEH, into account the wishes of the District’s Councilmember, Ward PERSONAL EXPLANATION elected officials on the quintessentially local 3. matter of education as you consider this JIM GRAHAM, issue. Councilmember, Ward HON. LOUISE McINTOSH SLAUGHTER Sincerely, 1. MICHAEL A. BROWN, OF NEW YORK PHIL MENDELSON, Councilmember, At- IN THE HOUSE OF REPRESENTATIVES Councilmember, At- Large. Large. MARY M. CHEH, Tuesday, April 5, 2011 TOMMY WELLS, Councilmember, Ward Ms. SLAUGHTER. Mr. Speaker, I was un- Councilmember, Ward 3. 6. avoidably detained and missed rollcall vote JIM GRAHAM, 225. Had I been present, I would have voted Councilmember, Ward f ‘‘yea’’ on rollcall No. 225. 1. COREY LAUGHLIN TRIBUTE PHIL MENDELSON, f Councilmember, At- Large. HON. SCOTT R. TIPTON OPPOSITION TO EFFORTS TO EX- TOMMY WELLS, OF COLORADO PAND A FEDERALLY-FUNDED Councilmember, IN THE HOUSE OF REPRESENTATIVES Ward 6. SCHOOL VOUCHER PROGRAM IN Tuesday, April 5, 2011 THE DISTRICT OF COLUMBIA COUNCIL OF Mr. TIPTON. Mr. Speaker it brings me great THE DISTRICT OF COLUMBIA, pleasure to pay tribute to a young man who HON. ELEANOR HOLMES NORTON Washington, DC, March 30, 2011. has exhibited a level of caring and selfless- Hon. NANCY PELOSI, OF THE DISTRICT OF COLUMBIA ness well beyond his years. Corey Laughlin of Minority Leader, House of Representatives, Pueblo, Colorado, has taken it upon himself to IN THE HOUSE OF REPRESENTATIVES Washington, DC. bring the sport of baseball to underprivileged Tuesday, April 5, 2011 DEAR CONGRESSWOMAN PELOSI: We write to express our opposition to renewed efforts to children who play in the Runyan Field Base- Ms. NORTON. I submit the following letters: expand a federally-funded school voucher ball Program.

VerDate Mar 15 2010 03:01 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A05AP8.014 E05APPT1 jbell on DSKDVH8Z91PROD with REMARKS E638 CONGRESSIONAL RECORD — Extensions of Remarks April 5, 2011 Corey, a member of East High School’s 2010–2011 Congressional Youth Advisory much to Springfield through his outreach and baseball team, has loved baseball for as long Council for showing themselves to be out- involvement in community organizations. He he can remember, and thinks that America’s standing young citizens of this nation. It is my has worked with the United Way of the pastime has taught him some invaluable life privilege to submit summaries of their work to Ozarks, the Springfield Business and Develop- lessons. Earlier this year he was going the CONGRESSIONAL RECORD to be preserved ment Corporation, the Partnership Industrial through his own baseball gear in anticipation for posterity and antiquity. To these young Center West Administrative Council, St. John’s of the upcoming season, and discovered he public servants, thank you, and keep up the Health System, Empire Bank, the Rotary Club had an excess supply of lightly used baseball great work! I salute you! of Springfield Southeast, the Boys & Girls equipment; then he realized that many others A copy of each submitted student summary Town of Missouri, and other local organiza- would also have extra baseball bats, cleats follows: tions. and mitts. Corey then took it upon himself to Through community service and involve- John will retire this June. No doubt, he will rally the community in support of the Runyan ment, I have learned to view matters in a enjoy spending more time playing golf and Field Baseball Program, a youth league in whole new perspective. When I look at my with his family. John’s family includes his wife, Pueblo. Corey solicited teammates, neighbors goals now of changing the world one step at Jean, a retired Greene Country Assessor and a time, I know I am getting a step closer by and community members to donate used current member of the Springfield Public baseball gear. Corey organized a sale of the taking part in service activities and events. Helping out is now part of who I am and my Schools Board of Education, and his daughter, equipment, and announced all profits would go definition. It is definitely going to part of fu- Dr. Anne S. Twitty, an Assistant Professor of towards helping the underprivileged members ture in college as well as afterwards when History at the University of Mississippi. of the Runyan Program. earning a career. Gandhi once said to, ‘‘be Although John is about to embark on a Corey Laughlin’s desire to share the game the change you wish to see in the world.’’ I much-deserved leave of absence, his legacy he loves with the less fortunate members of believe the world gets a positive change will live on whenever a family cooks dinner his community shows an incredible level of every time someone steps up to the plate to using low-cost electricity or when children make a difference, whether is it through maturity, a deep sense of thoughtfulness, and drink clean water from a school water foun- gives me faith in future generations of Ameri- community service or starting a charity. It is through generous hands that we learn a tain. He has faithfully performed the duty cans. Mr. Speaker, it has been an honor to shared by all public servants; he left the insti- stand and pay tribute to the charitable efforts better role of ourselves and gain a better knowledge of viewing matters in a whole new tutions in his care stronger and better for the of Corey Laughlin. angle. As Student Council President, helping next generation. Let us all draw humility and f out becomes an everyday routine, and I am purpose from his example. RECOGNIZING THE 2010-2011 CON- very proud to have the opportunity. As a member of the Congressional Youth Advi- f GRESSIONAL YOUTH ADVISORY sory Council, I am happy to take part in COUNCIL FOR 500 HOURS OF OUT- community involvement, and because of it I PERSONAL EXPLANATION STANDING SERVICE TO THE have learned a life lesson. I cannot forget. COMMUNITY—GINU SCARIA —Ginu Scaria SPEECH OF f HON. DAVID LOEBSACK HON. SAM JOHNSON COMMENDING JOHN TWITTY OF OF IOWA OF TEXAS SPRINGFIELD, MISSOURI IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Thursday, March 31, 2011 Tuesday, April 5, 2011 HON. BILLY LONG Mr. LOEBSACK. Mr. Chair, I mistakenly Mr. SAM JOHNSON of Texas. Mr. Speaker, OF MISSOURI cast my vote on this measure as a ‘‘no’’ vote. it is my pleasure and privilege to inform the IN THE HOUSE OF REPRESENTATIVES I intended to cast an ‘‘aye’’ vote on this meas- Members of the United States House of Rep- Tuesday, April 5, 2011 ure. resentatives that the students of the 2010– 2011 Congressional Youth Advisory Council, Mr. LONG. Mr. Speaker, I rise today to f CYAC from the Third District of Texas have honor the service of one of Missouri’s finest A TRIBUTE TO ALBERT B. completed a total of 500 community service leaders and my personal friend, John Twitty. WASHKO hours, fulfilling and far-surpassing the require- John is an icon in the 7th District. He’s pro- ments of their assigned CYAC in the Commu- vided Springfield, Missouri with affordable nity service project. electricity, inexpensive natural gas, and clean HON. ADRIAN SMITH This year 46 students from public, private, drinking water for almost a decade as the OF NEBRASKA and home schools in grades 10 through 12 General Manager and Chief Executive Officer IN THE HOUSE OF REPRESENTATIVES of City Utilities. You would be hard-pressed to made their voices heard by joining CYAC. As Tuesday, April 5, 2011 the Third District’s young ambassadors to find a better leader with more integrity, which Congress, these bright high school students is evidenced by the high regard in which he is Mr. SMITH of Nebraska. Mr. Speaker, I rise met with me on a quarterly basis to discuss held throughout the city of Springfield, the today in honor of Mr. Albert B. Washko. Al current events and public policy. These im- State of Missouri, and across the country. concluded 21 years of dedicated service to the pressive young people recognize an important Whether he is dealing with employees, the Department of Veterans Affairs when he re- truth: the heart of public service is found when general public, or community leaders, John tired on March 31, 2011. giving back to the community. CYAC students maintains his professionalism and character. Ensuring our nation’s veterans were pro- volunteered their time and talents with over 30 He sincerely cares for each one of the em- vided with the world-class benefits and serv- organizations including Adopt-A-Highway, ployees at City Utilities and for the entire ices they earned was not a mission Al took Habitat for Humanity, Meals on Wheels, Teen Springfield community. lightly as evidenced by his dedication to serv- Court, and the USO, to name a few. As one I am just one of many in the community that ing the men and women who served in uni- student shared, ‘‘CYAC in the Community has recognizes John as an outstanding leader. For form. allowed me to realize my calling to serve his national leadership, he received the Amer- Over the course of his time with the Depart- those in the U.S. Armed Forces.’’ I am beyond ican Public Power Association’s Alex Radin ment of Veterans Affairs, Al held positions thrilled that CYAC has helped students un- Distinguished Service Award—its top honor. which took him from coast to coast. Before he leash their full potential and chase their He has also served as their Chairman. For his was named the Director of the V.A. Nebraska- dreams. statewide leadership, he received the Missouri Western Iowa Health Care System in 2003, Al President George H.W. Bush once said, ‘‘A Association of Municipal Utilities Distinguished oversaw 23 medical centers in New York, New volunteer is a person who can see what oth- Service Award. For his contribution to Missouri England, and Puerto Rico as Director of V.A. ers cannot see; who can feel what most do and the nation, he received the Missourian Northeast Region. He also worked at V.A. not feel. Often, such gifted persons do not Award and the Outstanding Missourian Award Medical centers in Albany, New York; Palo think of themselves as volunteers, but as citi- from the Missouri House of Representatives Alto, California; and Albuquerque, New Mex- zens—citizens in the fullest sense: partners in and the Missouri Senate. ico. Al has served on numerous hospital, so- civilization.’’ John has also been very active in the cial service agency, and community boards With this statement as a benchmark, I am Springfield community. Although he would be which demonstrated his commitment to public proud to congratulate the members of the the last to say so himself, John has given service both on and off the job.

VerDate Mar 15 2010 03:01 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K05AP8.005 E05APPT1 jbell on DSKDVH8Z91PROD with REMARKS April 5, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E639 Over the course of his career, Al helped ful- on helping The North Texas Food Bank with reach of working American families, regardless fill President Abraham Lincoln’s promise ‘‘to their current event called ‘‘The Souper Bowl of income. Workers deserve the benefits they care for him who shall have borne the battle, of Caring’’. This event is done in conjunction are owed after a lifetime of paying into these with local grocery stores and allows shoppers and for his widow, and his orphan.’’ While the to buy pre-packed bags of non-perishable programs. V.A. loses a valued member of its team with food items to donate for distribution to the And, yet, there are some, driven by blind Al’s retirement, his impact on our nation’s vet- local food banks and shelters. I walked my ideology and partisanship, who aim to chip neighborhood distributing flyers informing erans will be felt for years. away at those guarantees, bit by bit. There I ask my colleagues to join me today in people about the event and solicited cash do- nations to help me pre-purchase bags for the are budget proposals—reducing the operating commending the career of Mr. Albert B. expenses for the Social Security program, and Washko as he begins his well-deserved retire- event. I was able to collect enough money to buy 23 bags of groceries. Because I will vol- curtailing the ability of Social Security to pay ment. unteer for the event on Sunday, February benefits—that hint of a radical restructuring of f 6th, several others I talked to promised to go the program. There are budget proposals that in to Market Street and purchase bags on RECOGNIZING THE 2010–2011 CON- Sunday. This experience has shown me how are unabashed in their radicalism toward GRESSIONAL YOUTH ADVISORY much one person in a short amount of time Medicare. COUNCIL FOR 500 HOURS OF OUT- can help several families survive for a couple In the name of fixing deficits in other areas STANDING SERVICE TO THE of weeks. It confirmed to me that we can all of the budget, some will try to point fingers at COMMUNITY—DALLAS RODRI- make a difference in the lives of others by just taking a few hours out of our lives and seniors programs as the culprit, but don’t you GUEZ focusing on helping others. believe it. We must be extremely cautious and —Dallas Rodriquez jealous in protecting Social Security and Medi- HON. SAM JOHNSON f care, or we may find that they will be taken OF TEXAS away forever. IRENE PARSONS SHATTERED IN THE HOUSE OF REPRESENTATIVES MANY GLASS CEILINGS IN HER f Tuesday, April 5, 2011 YEARS OF SERVICE Mr. SAM JOHNSON of Texas. Mr. Speaker, DENNIS MANN WILL BE MISSED it is my pleasure and privilege to inform the HON. VIRGINIA FOXX Members of the United States House of Rep- OF NORTH CAROLINA resentatives that the students of the 2010– IN THE HOUSE OF REPRESENTATIVES HON. BARNEY FRANK 2011 Congressional Youth Advisory Council Tuesday, April 5, 2011 OF MASSACHUSETTS (CYAC) from the Third District of Texas have Ms. FOXX. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES completed a total of 500 community service honor the late Irene Parsons, of Wilkes Coun- hours, fulfilling and far-surpassing the require- ty, North Carolina, who passed away last Tuesday, April 5, 2011 ments of their assigned CYAC in the Commu- week. nity service project. Parsons was a woman who knew a thing or Mr. FRANK of Massachusetts. Mr. Speaker, This year 46 students from public, private, two about shattering glass ceilings. After she on Friday, April 8th, the Town of Sharon and and home schools in grades 10 through 12 graduated from the Women’s College of the many others will be honoring Dennis Mann on made their voices heard by joining CYAC. As University of North Carolina in 1941, she then the occasion of his retirement as the Fire the Third District’s young ambassadors to went on to graduate with the first class of the Chief of Sharon, Massachusetts. Sharon is a Congress, these bright high school students Women’s Reserve of the Coast Guard, known town very well represented in this body—it has met with me on a quarterly basis to discuss as SPARS. She then served at the Coast been, since 1982, in the district I am privileged current events and public policy. These im- Guard Headquarters in Washington. to represent, and it is the hometown of my col- pressive young people recognize an important After the war Parsons worked at the Vet- league from Massachusetts, Mr. KEATING, who truth: the heart of public service is found when erans Administration. She was eventually ap- served Sharon as a State Representative and giving back to the community. CYAC students pointed by President Johnson as director of State Senator before moving on to become volunteered their time and talents with over 30 personnel at the Veterans Administration. At the District Attorney for the county in which it organizations including Adopt-A-Highway, the time, the VA was the second largest gov- is located and, most recently, our colleague Habitat for Humanity, Meals on Wheels, Teen ernment agency with over 200,000 employees here in the House. Court, and the USO, to name a few. As one and Parsons was the only female director of student shared, ‘‘CYAC in the Community has personnel for a major government agency. Mr. Speaker, Dennis Mann exemplifies pub- allowed me to realize my calling to serve Later, in 1972, Parsons was honored with a lic service at its best, and at a time when too those in the U.S. Armed Forces.’’ I am beyond Career Service Award from President Nixon many people are prone to denigrate public thrilled that CYAC has helped students un- for her many years of service to our nation. servants, I am very proud to hold him up as leash their full potential and chase their She was also the first woman to receive the an example of the kind of dedication, integrity, dreams. VA’s coveted Silver Helmet award. Parson’s and commitment from which the public bene- President George H.W. Bush once said, ‘‘A also received the Federal Women’s Award fits. Dennis Mann has been a member of the volunteer is a person who can see what oth- during her service in the federal government. Sharon Fire Department for over 30 years, ers cannot see; who can feel what most do After retirement from government service and he was Chief for 13. In addition to the dif- not feel. Often, such gifted persons do not she returned to her home in Wilkes County ficult job of running a fire department, with all think of themselves as volunteers, but as citi- where she remained very active in the com- that that entails, Dennis Mann’s commitment zens—citizens in the fullest sense: partners in munity. Irene Parsons made many strides for to others has led him to teach CPR and also civilization.’’ women during a time in which men still filled serve as an instructor in karate. most leadership roles in government and busi- With this statement as a benchmark, I am Mr. Speaker, we are as a society very lucky proud to congratulate the members of the ness. Her life is an inspiring example for to- day’s generation of young female leaders. She to have people who are prepared to risk their 2010–2011 Congressional Youth Advisory lives in the fire service, one of the most dan- Council for showing themselves to be out- will be greatly missed and my thoughts and prayers are with her family and loved ones gerous occupations in the world, and we too standing young citizens of this nation. It is my who mourn this great loss. often take for granted the safety that they pro- privilege to submit summaries of their work to f vide for us. I very much regret that there are the CONGRESSIONAL RECORD to be preserved those who would deny them the resources we for posterity and antiquity. To these young PROTECTING OUR SENIORS need—and I say we and not they—for them to public servants, thank you, and keep up the do their job on our behalf. great work. I salute you. HON. NICK J. RAHALL II Mr. Speaker, to Dennis Mann, his wife A copy of each submitted student summary OF WEST VIRGINIA Kathy, and their children Jamie and Carissa, I follows: IN THE HOUSE OF REPRESENTATIVES send my very best wishes; my congratulations For this project I wanted to focus specifi- Tuesday, April 5, 2011 cally on what I could do in five hours to on a job well done; and gratitude for the ex- make a difference in my community. I de- Mr. RAHALL. Mr. Speaker, Social Security ample Mr. Mann has set for public service at cided to focus my CYAC community service and Medicare bring economic security within its best.

VerDate Mar 15 2010 03:01 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\K05AP8.006 E05APPT1 jbell on DSKDVH8Z91PROD with REMARKS E640 CONGRESSIONAL RECORD — Extensions of Remarks April 5, 2011 PERSONAL EXPLANATION I worked for about three months with them, At the vanguard of the effort to achieve and most of my swimmers achieved their cost-of-living adjustments for all those in uni- goal at the championship meet, which was a form and those who have retired, the associa- HON. BARBARA LEE gold medal. One swimmer was constantly tion was a main force in implementing OF CALIFORNIA afraid of getting in the water, but I eventu- TRICARE for Life medical benefits for retirees IN THE HOUSE OF REPRESENTATIVES ally got him to conquer his fear and jump into the pool. Often, especially at schools, over 65 and the implementation of ‘‘concurrent Tuesday, April 5, 2011 the mentally challenged kids are written off receipt’’ of retirement and disability pay for dis- Ms. LEE. Mr. Speaker, I missed rollcall vote and no one pays attention to them, but that abled veterans, rated over 50% disabled. No. 225 on H.R. 1246. Had I been present, I is just wrong. These are some of the nicest Additionally, the Air Force Sergeants Asso- would have voted ‘‘aye’’ on this vote. people that you will ever meet, and they are ciation has been a reliable source of informa- especially eager to learn. Not only is this a f tion for the legislative process in support of great opportunity to make these kids better military members and their families. RECOGNIZING THE 2010–2011 CON- swimmers, it is a chance to make these kids This well-known and highly respected vet- feel like they fit in and it makes them feel GRESSIONAL YOUTH ADVISORY very good about themselves. I was very ap- eran’s organization has been dedicated to COUNCIL FOR 500 HOURS OF OUT- prehensive about volunteering at first, but it serving the total Air Force enlisted corps and STANDING SERVICE TO THE was one of the most rewarding decisions that their families for 50 years. For 2011, they COMMUNITY—ALEX ROBINSON I have ever made. The Special Olympics is have adopted ‘‘The Air Force Sergeants Asso- often short on volunteers, and I really rec- ciation—A Global Voice for over 50 years’’ as HON. SAM JOHNSON ommend volunteering. the theme for their Professional Airmen’s Con- —Alex Robinson ference and AFSA International Convention. OF TEXAS f May the association continue its good work for IN THE HOUSE OF REPRESENTATIVES HONORING THE 50TH ANNIVER- many years to come. Tuesday, April 5, 2011 SARY OF THE AIR FORCE SER- f Mr. SAM JOHNSON of Texas. Mr. Speaker, GEANTS ASSOCIATION FAA REAUTHORIZATION AND it is my pleasure and privilege to inform the REFORM ACT OF 2011 Members of the United States House of Rep- HON. GUS M. BILIRAKIS resentatives that the students of the 2010– OF FLORIDA SPEECH OF 2011 Congressional Youth Advisory Council IN THE HOUSE OF REPRESENTATIVES (CYAC) from the Third District of Texas have HON. RICK BERG Tuesday, April 5, 2011 OF NORTH DAKOTA completed a total of 500 community service IN THE HOUSE OF REPRESENTATIVES hours, fulfilling and far surpassing the require- Mr. BILIRAKIS. Mr. Speaker, I rise today to ments of their assigned CYAC in the Commu- honor the Air Force Sergeants Association’s Friday, April 1, 2011 nity service project. 50th anniversary, which will be celebrated at The House in Committee of the Whole This year 46 students from public, private, its 2011 Professional Airmen’s Conference House on the State of the Union had under and home schools in grades 10 through 12 and International Convention in San Antonio, consideration the bill (H.R. 658) to amend made their voices heard by joining CYAC. As July 23 through 27, 2011. title 49, United States Code, to authorize ap- the Third District’s young ambassadors to The Air Force Sergeants Association is a propriations for the Federal Aviation Admin- not-for-profit organization serving the profes- istration for fiscal years 2011 through 2014, to Congress, these bright high school students streamline programs, create efficiencies, re- met with me on a quarterly basis to discuss sional and personal interests of its 110,000 association members, made up of active duty, duce waste, and improve aviation safety and current events and public policy. These im- capacity, to provide stable funding for the pressive young people recognize an important veteran, and retired enlisted members of the national aviation system, and for other pur- truth: the heart of public service is found when Air Force, as well as the Air National Guard poses: giving back to the community. CYAC students and Reserve. The AFSA advocates for Mr. BERG. Mr. Chair, for eight years, Wash- volunteered their time and talents with over 30 955,873 active duty and retired Airmen, ington has failed to provide our nation with a organizations including Adopt-A-Highway, whether they are an association member or long term and stable plan for our aviation in- Habitat for Humanity, Meals on Wheels, Teen not. Including family members, who also frastructure. Court, and the USO, to name a few. As one ‘‘serve,’’ the number of enlisted ‘‘Airmen’’ rep- This bill will ensure the much-needed long- student shared, ‘‘CYAC in the Community has resented by AFSA is huge. The association term stability and development of our nation’s allowed me to realize my calling to serve has an auxiliary to which family members of aviation infrastructure. those in the U.S. Armed Forces.’’ I am beyond Air Force enlisted members can belong. However, I’m incredibly concerned about the thrilled that CYAC has helped students un- The association began in 1961, and has provision in this bill that would phase out Es- leash their full potential and chase their earned the respect of Congressional, Pen- sential Air Service support. dreams. tagon, and Veterans Affairs leaders for its re- EAS is critical in large states like my own. President George H.W. Bush once said, ‘‘A lentless role as a voice of the Air Force en- Rural regions rely on EAS support for vital air volunteer is a person who can see what oth- listed. The association was instrumental in the transportation. In North Dakota, airports like ers cannot see; who can feel what most do establishment of the Survivor Benefit Plan for those in Jamestown and Devils Lake would not feel. Often, such gifted persons do not surviving spouses of retired veterans. They not be able to provide critical air service with- think of themselves as volunteers, but as citi- played a major role in the recent passage of out EAS support. zens—citizens in the fullest sense: partners in the Post-9/11 GI Bill, a comprehensive over- I’ve talked with North Dakotans, and I know civilization.’’ haul of the previous education benefits that how much they rely on access to air service. With this statement as a benchmark, I am will ensure Air Force members and their fami- Numerous North Dakotans depend on air trav- proud to congratulate the members of the lies are provided with improved educational el as an essential part of their jobs, and for 2010–2011 Congressional Youth Advisory opportunities. The association has ensured many rural residents, driving in bad North Da- Council for showing themselves to be out- that many military family issues have been kota weather to get to a larger airport simply standing young citizens of this nation. It is my brought to the forefront, including the need to isn’t viable. privilege to submit summaries of their work to construct additional child development centers Eliminating EAS would have a significant, the CONGRESSIONAL RECORD to be preserved for child care needs and the establishment of detrimental effect on my state and on North for posterity and antiquity. To these young an oversight office in the Office of the Sec- Dakotans’ access to air service. public servants, thank you, and keep up the retary of Defense for the Exceptional Family As we prioritize spending, we also must pro- great work! I salute you! Members Program to better manage special mote economic development and job creation. A copy of each submitted student summary needs across all military services. In areas like North Dakota, maintaining essen- The association also played a significant follows: tial air service is critical for commerce—we role to assure veterans of Operation Enduring want businesses to invest in our cities. Since I have been a competitive swimmer for over ten years, I thought that it would be Freedom, Operation Iraqi Freedom, and other A Goodrich plant in Jamestown employs a good idea to volunteer at the Plano Special Overseas Contingency Operations receive the nearly 500 North Dakotans. They rely on local Olympics Swim Team. Not only did I help proper and well-earned benefits, care, and air service to do business—air service that these kids with their swimming, I made treatment for their selfless and heroic service would not be possible if essential air service friendships that mean the world to the kids. to a grateful nation. support was phased out.

VerDate Mar 15 2010 03:01 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A05AP8.025 E05APPT1 jbell on DSKDVH8Z91PROD with REMARKS April 5, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E641 We can’t ask companies to invest in our S. Hamilton as he is honored by the Tall Pine there. The administrators make sure the state if we are unable to provide the basic in- Council, Boy Scouts of America for his work troops are directed towards different termi- frastructure necessary for them to be competi- on behalf of the children in the Flint commu- nals or gates if they have connecting flights. Also they have people bring snacks and tive and do business. nity. He has touched numerous lives and I water which the troops seem to like for obvi- I’ve spoken with Congressman MICA and wish him the best in the future. ous reasons. This event only takes a few with the Transportation committee and I un- f hours including driving, but every second is derstand the need for this process to keep worth it when you see the smiles on their moving forward. RECOGNIZING THE 2010–2011 CON- faces. They are so happy to be home and This bill contains many good provisions that GRESSIONAL YOUTH ADVISORY ready to see the relatives that they miss so I support. It will expand research and develop- COUNCIL FOR 500 HOURS OF OUT- deeply. God Bless those soldiers, God Bless ment for remotely piloted aircraft, a growing STANDING SERVICE TO THE America. field that holds enormous potential not only for COMMUNITY—MICHAEL ROBERTO —Michael Roberts our nation’s military, but also our academic in- f stitutions and farmers and border security. HON. SAM JOHNSON PERSONAL EXPLANATION North Dakota has established itself as a OF TEXAS leader in the development and research of re- IN THE HOUSE OF REPRESENTATIVES motely piloted aircraft technology, and I’m con- HON. ADAM SMITH fident that the creation of new test sites will Tuesday, April 5, 2011 OF WASHINGTON benefit this technology’s continued success in Mr. SAM JOHNSON of Texas. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES our state. it is my pleasure and privilege to inform the Tuesday, April 5, 2011 But while I support these things, I also know Members of the United States House of Rep- how vital rural access to essential aviation is. resentatives that the students of the 2010– Mr. SMITH of Washington. Mr. Speaker, on That’s why, before it is sent to the President, 2011 Congressional Youth Advisory Council Friday, April 1, 2011, I was unable to be it is critical that the final version of this bill (CYAC) from the Third District of Texas have present for recorded votes. Had I been maintains EAS support. completed a total of 500 community service present, I would have voted ‘‘yes’’ on rollcall So I ask the gentleman from Florida if he hours, fulfilling and far-surpassing the require- vote No. 223 (on the motion to recommit H.R. will commit to working with me and other con- ments of their assigned CYAC in the Commu- 1255 with instructions), and ‘‘no’’ on rollcall cerned members to support the EAS program nity service project. vote No. 224 (on passage of H.R. 1255). and maintain critical rural air service. This year 46 students from public, private, f and home schools in grades 10 through 12 f PERSONAL EXPLANATION made their voices heard by joining CYAC. As RECOGNIZING CHRISTOPHER S. the Third District’s young ambassadors to HAMILTON Congress, these bright high school students HON. TIMOTHY V. JOHNSON met with me on a quarterly basis to discuss OF ILLINOIS HON. DALE E. KILDEE current events and public policy. These im- IN THE HOUSE OF REPRESENTATIVES OF MICHIGAN pressive young people recognize an important Tuesday, April 5, 2011 IN THE HOUSE OF REPRESENTATIVES truth: the heart of public service is found when Mr. JOHNSON of Illinois. Mr. Speaker, un- Tuesday, April 5, 2011 giving back to the community. CYAC students volunteered their time and talents with over 30 fortunately I was unable to cast my votes on Mr. KILDEE. Mr. Speaker, I rise today to organizations including Adopt-A-Highway, Monday, April 4, 2011 due to a scheduled pay tribute to Christopher S. Hamilton for his Habitat for Humanity, Meals on Wheels, Teen meeting in my District with constituents in St. outstanding service to the Tall Pine Council, Court, and the USQ, to name a few. As one Joseph and Ogden, Illinois and wish the Boy Scouts of America. Christopher will be student shared, ‘‘CYAC in the Community has record to reflect my intentions had I been honored at a luncheon on Thursday, April 7, allowed me to realize my calling to serve present to vote on H.R. 1246. sponsored jointly by the Tall Pine Council and those in the U.S. Armed Forces.’’ I am beyond Had I been present to vote on rollcall No. the Burton Rotary Club, where he will be pre- thrilled that CYAC has helped students un- 225 on H.R. 1246, to reduce the amounts oth- sented with the Jack A. Hamady Good Scout leash their full potential and chase their erwise authorized to be appropriated to the Award. dreams. Department of Defense for printing and repro- Christopher S. Hamilton grew up in the Flint President George H.W. Bush once said, ‘‘A duction, I would have voted in favor of this bill. area, earning the Eagle Scout distinction from volunteer is a person who can see what oth- It is imperative in these times of rising deficit Troop 120 in Linden Michigan. He went on to ers cannot see; who can feel what most do and debt levels that we take a fine tooth comb play football for Purdue University and was a not feel. Often, such gifted persons do not to every budget and find wasteful spending. member of the only Purdue team to win the think of themselves as volunteers, but as citi- This bill, sponsored by an ex-member of our Rose Bowl. After graduation he returned to the zens—citizens in the fullest sense: partners in military, is a prime example of the types of Flint area and worked for AC Spark Plug until civilization.’’ bills we should continue to pursue as we tack- his retirement in 2007. During this time he was With this statement as a benchmark, I am le the overall levels of spending through the an avid promoter of Scouting. Christopher was proud to congratulate the members of the annual budget and appropriations process. an Explorer Advisor for Post 651, a volunteer 2010–2011 Congressional Youth Advisory Had I been present to vote on this bill, I would committee member of the Tall Pine Council Council for showing themselves to be out- have voted, ‘‘aye.’’ Golf Tournament for over 20 years, and a standing young citizens of this nation. It is my f Friends of Scouting Captain for the Tall Pine privilege to submit summaries of their work to INTRODUCTION OF THE VIRGINIA Council. In 1999 he received the Silver Beaver the CONGRESSIONAL RECORD to be preserved ACCESS TO ENERGY ACT (VA EN- Award, the highest award given to an adult for posterity and antiquity. To these young ERGY ACT) volunteer in Scouting. public servants, thank you, and keep up the In 2008 Christopher became the Executive great work! I salute you! Director of the Old Newsboys of Flint. This A copy of each submitted student summary HON. BOB GOODLATTE was the culmination of several years working follows: OF VIRGINIA as a member of the Old Newsboys of Flint I greeted the troops at DFW Airport. My IN THE HOUSE OF REPRESENTATIVES Board of Directors. He served as President of schedule only allowed me to go on the week- the Board and Secretary/Treasurer before as- ends, but I took advantage of any plane com- Tuesday, April 5, 2011 suming the duties of Executive Director. He ing into Dallas. I called the Welcome Home Mr. GOODLATTE. Mr. Speaker, each week, has been active with Easter Seals, the United a Hero hotline and found out when the planes folks across Virginia and the nation are con- Way, the Burton Rotary Club, F&AM Lodge would arrive each day. In order to never miss fronted with the rising cost of energy. How- the greeting, I would get to the appropriate Number 23, Flint Elks Number 222, Burton terminal and wait there for sometimes up to ever, Virginians understand that a major com- Eagles, and several local Chambers of Com- an hour for the troops to come out. I will one ponent in lessening energy costs is to produce merce. day be one of those soldiers walking through more energy. Mr. Speaker, I ask the House of Represent- those doors, and I seem to already appreciate I believe that Virginia should have every tool atives to join me in congratulating Christopher the fact that there were so many people available to access their energy supplies. For

VerDate Mar 15 2010 03:01 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A05AP8.028 E05APPT1 jbell on DSKDVH8Z91PROD with REMARKS E642 CONGRESSIONAL RECORD — Extensions of Remarks April 5, 2011 many years, the Commonwealth of Virginia This debt and its interest payments we are Jacobson Jewish Community Center in East has seriously been considering the potential passing to our children and all future Ameri- Hills, New York, in my congressional district. positive impact that Outer Continental Shelf cans. Under Susan’s enthusiastic direction, Sid (OCS) development off Virginia’s coast would f Jacobson has flourished. The Center dramati- have on the Commonwealth. In fact, there has cally expanded its facility in East Hills and also been wide support for environmentally respon- PASSING OF FORMER REP. JOHN added the Bernice Jacobson Day School and sible energy production by the Governor of ADLER Camp in Old Westbury, New York. Susan de- Virginia, the Virginia General Assembly and by veloped the Center’s noted innovative pro- many local governments in the Common- HON. JOHN CONYERS, JR. grams for autistic children, single parents, and wealth. OF MICHIGAN the bereaved. She helped found a first-of-its- The Commonwealth of Virginia has made it IN THE HOUSE OF REPRESENTATIVES kind program for adults with early-onset Alz- clear that they want to access their energy re- heimer’s and their families. sources. I believe that we should access these Tuesday, April 5, 2011 Today, the Center has a staff of over 250, resources and we can do it while being envi- Mr. CONYERS. Mr. Speaker, I rise today to an annual budget of $12 million, and offers an ronmentally responsible. Therefore, I rise mourn the passing of a dear friend and col- extensive catalog of dynamic programs for today, with the majority of the Virginia Con- league, former Congressman John Adler. It people of all ages and abilities. The success gressional Delegation, to introduce the ‘‘Vir- was truly an honor and a privilege to serve of the Center is a direct testament to the ginia Access to Energy Act,’’ to give the Com- with John during the 111th Congress, where strength of Susan’s leadership and her dedica- monwealth access to these energy supplies. we worked together on legislation such as the tion to providing community members with the This legislation would start energy production Paycheck Fairness Act and the Employee best possible services. off of Virginia’s coast based on the Depart- Free Choice Act. John always put the interests In addition to her work at Sid Jacobson, ment of Interior’s own proposal. This legisla- of his constituents first, and I can confidently Susan has applied her energy and vision in a tion simply requires that the Department of In- say that the people of New Jersey’s 3rd Con- variety of leadership roles in the national JCC terior proceed with their proposed Virginia gressional District were privileged to have a movement. She served as a member of the lease sale no later than one year after pas- representative as dedicated and committed to Jewish Community Center Association’s board sage of this legislation. his job as John. of directors, was president of the Association Passage of this legislation and development John and I also shared a particular interest of Jewish Center Professionals (AJCP) for the of VA’s OCS will significantly boost the econ- in Veteran’s issues. As a member of the Vet- Eastern Region, and, in 2002, was named the omy of the Commonwealth of Virginia. It has erans’ Affairs Committee, he worked tirelessly national president of the AJCP. been estimated by the U.S. Department of In- to ensure that our Nation’s veterans received Mr. Speaker, this year Susan Bender will re- terior that Virginia’s OCS has 130 million bar- the benefits they deserved as a result of their tire having contributed immeasurably to her rels of recoverable oil and 1.14 trillion cubic tremendous sacrifice and service to this coun- community. I am proud to recognize Susan feet of recoverable natural gas. This translates try. As a veteran myself, I take particular pride and I ask my colleagues to join me in thanking into a significant boost to the economy of the in saluting John’s accomplishments in this her for her lifetime of tremendous work for oth- Commonwealth of Virginia. In fact, some esti- field. ers. mates have shown that development of Vir- Again, I join with my colleagues in express- f ginia’s OCS will create 2,578 full-time equiva- ing my sincerest condolences on the passing RECOGNIZING THE 2010–2011 CON- lent positions on an annual basis, induce cap- of Congressman Adler. My thoughts and pray- GRESSIONAL YOUTH ADVISORY ital investment of $7.84 billion, yield $644 mil- ers are with his wife, Shelley, and his four COUNCIL FOR 500 HOURS OF OUT- lion in direct and indirect payroll, and result in sons. I hope that my colleagues will take this STANDING SERVICE TO THE $271 million in state and local taxes. While ex- time to reflect on his life and his work, and COMMUNITY—MADELINE MIN- ploration activities alone will infuse the Virginia may he serve as an example to all of us of a CHILLO economy with a significant amount of new life well lived. capital, this legislation will also authorize any f qualified revenues generated by the lease HON. SAM JOHNSON OF TEXAS sales to be shared between the federal gov- IN RECOGNITION OF THE CAREER IN THE HOUSE OF REPRESENTATIVES ernment and the Commonwealth of Virginia. AND ACHIEVEMENTS OF SUSAN Additionally, the legislation sets up revenue- BENDER Tuesday, April 5, 2011 sharing for the Commonwealth for any future Mr. SAM JOHNSON of Texas. Mr. Speaker, lease sales off of Virginia’s coast. HON. GARY L. ACKERMAN it is my pleasure and privilege to inform the My legislation, the Virginia Access to Energy OF NEW YORK Members of the United States House of Rep- Act, is an important component to any long- IN THE HOUSE OF REPRESENTATIVES resentatives that the students of the 2010– term strategy to reduce our dangerous de- 2011 Congressional Youth Advisory Council, Tuesday, April 5, 2011 pendence on foreign oil. This legislation en- CYAC, from the Third District of Texas have sures that Virginia has every tool available to Mr. ACKERMAN. Mr. Speaker, I rise to seek completed a total of 500 community service access its energy supplies, while at the same Congressional recognition of the exceptional hours, fulfilling and far-surpassing the require- time creating thousands of jobs for Virginians achievements and outstanding career of ments of their assigned CYAC in the Commu- and infusing the Commonwealth with new cap- Susan Bender. Over the course of her almost nity service project. ital growth. I urge Congress to pass this legis- 40-year professional career with Jewish Com- This year 46 students from public, private, lation to allow Virginia to move towards a path munity Centers (JCC) in New York City and and home schools in grades 10 through 12 of energy independence. Long Island, Susan worked tirelessly to ensure made their voices heard by joining CYAC. As f that families and individuals living in New York the Third District’s young ambassadors to City and Long Island had access to mental- Congress, these bright high school students OUR UNCONSCIONABLE NATIONAL health and social-service programs. She has met with me on a quarterly basis to discuss DEBT not only been an innovative leader and current events and public policy. These im- unyielding advocate for individuals with disabil- pressive young people recognize an important HON. MIKE COFFMAN ities, but also a dedicated leader in her com- truth: the heart of public service is found when OF COLORADO munity. giving back to the community. CYAC students IN THE HOUSE OF REPRESENTATIVES After graduating from Brooklyn College with volunteered their time and talents with over 30 Tuesday, April 5, 2011 a degree in speech pathology, Susan began organizations including Adopt-A-Highway, Mr. COFFMAN of Colorado. Mr. Speaker, working at JCCs with distinction. She started Habitat for Humanity, Meals on Wheels, Teen today our national debt is her career at the Staten Island Jewish Com- Court, and the USO, to name a few. As one $14,251,174,516,308.48. munity Center as the Director of Early Child- student shared, ‘‘CYAC in the Community has On January 6, 2009, the start of the 111th hood Development. In 1988, she moved to be allowed me to realize my calling to serve Congress, the national debt was the Executive Director at the Young Men’s— those in the U.S. Armed Forces.’’ I am beyond $10,638,425,746,293.80. Young Women’s Hebrew Association in West- thrilled that CYAC has helped students un- This means the national debt has increased chester, New York. Then, in 1992, Susan be- leash their full potential and chase their by $3,605,505,817,922.70 since then. came the Executive Director of the Sid dreams.

VerDate Mar 15 2010 03:01 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A05AP8.033 E05APPT1 jbell on DSKDVH8Z91PROD with REMARKS April 5, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E643 President George H.W. Bush once said, ‘‘A Sergeant Frank E. Adamski III of Moosup, have worked hard for this accomplishment and volunteer is a person who can see what oth- Connecticut. Staff Sergeant Adamski was have made their community very proud. Their ers cannot see; who can feel what most do killed on March 29, 2011, by small arms fire 73–59 victory is an achievement that will be not feel. Often, such gifted persons do not during combat operations in Kunar Province, remembered forever. think of themselves as volunteers, but as citi- Afghanistan. More than a hundred people Winning a state championship is a remark- zens—citizens in the fullest sense: partners in gathered in Plainfield today to honor him and able achievement that few teams ever experi- civilization.’’ his service to our nation. ence. This championship is a legacy that the With this statement as a benchmark, I am Frank graduated from Plainfield High School 2010–2011 Eagles will remember forever. The proud to congratulate the members of the in 2002 where he was a well-known and well- Eagles and Coach Randy Small, along with 2010–2011 Congressional Youth Advisory liked student athlete who played on the Pan- assistant coaches Bob Saxman, Derrick Small, Council for showing themselves to be out- thers football team. Following graduation, Lee Ingram, Jon Tone, and Aaron Beery, standing young citizens of this nation. It is my Frank enlisted in the Army and served a com- know that success comes through teamwork privilege to submit summaries of their work to bat tour in Iraq from January 2006 to February and dedication. The Eagles’ commitment to the CONGRESSIONAL RECORD to be preserved 2007. Most recently, he deployed to Afghani- the game and their drive to go the extra mile, for posterity and antiquity. To these young stan as a member of the 2nd Battalion, 327th led them to victory. public servants, thank you, and keep up the Infantry Regiment, 1st Brigade Combat Team, It is an honor to pay tribute to the entire Ea- great work! I salute you! 101st Airborne Division at Fort Campbell in gles squad: Jon Cakmakci, Kody Chandler, A copy of each submitted student summary Kentucky. Benny Clark, Zac Decker, Tyler Dow, Bryan follows: Friends describe Frank as a bright young Jones, Blake Krum, Jonathan Lawrence, An average teenager might have spent 6 man who loved his country and was pas- Jacob Lenning, Jacob Marshall, Luke hours on a Saturday sleeping, playing infa- sionate about serving in the military. More- Ryskamp, Joe Savage, Cam Schwartz, Jeffrey mous video games, or hanging with friends. I over, he was a great family man as husband Scott, and Trent Skippers. We salute all of spent my 6 hours building a ramp through to Danielle Lee Adamski, also of Plainfield, you. The Dallas Ramp Project. That morning and afternoon I learned how to construct a ramp and a father to Victoria, his one-year-old On behalf of all the residents of southwest so that a 96 year old woman, Lovey, could be daughter. Sadly, he would have celebrated his Michigan, congratulations again to the freed from her home. I, a teenager, who could 27th birthday last week as well as his 4th Schoolcraft Eagles, Coach Small, and the en- have been doing all the things listed above wedding anniversary. tire Schoolcraft community—you are an inspi- like a ‘‘normal’’ teenager, but I didn’t. I de- These milestones, as well as the countless ration to us all. Go Eagles! cided to make a difference in someone else’s memories, make his passing all the more dif- life for the better. I learned how important ficult for the family, friends and community f and how valuable time really is. 6 hours to who mourn his passing. some is 3 movies. 6 hours to another person PERSONAL EXPLANATION is giving back a person’s freedom. I strive Sergeant Frank Adamski served his country not to be a success but to be a value. I now bravely, and his dedication and patriotism have a better understanding of life. Not only serve as an inspiration to us all. My thoughts HON. CAROLYN B. MALONEY did I build a ramp, I built relationships with and prayers are with his wife and family in this OF NEW YORK my team members. I encourage you to do difficult time. I ask my colleagues to join me IN THE HOUSE OF REPRESENTATIVES something with your 6 hours because you too and so many across eastern Connecticut in Tuesday, April 5, 2011 are able; able to change the world, able to be honoring the service and sacrifice of this a blessing to others, and able to make an im- young man. Mrs. MALONEY. Mr. Speaker, on March 31, pact. So the next time you have 6 hours what I attended the service and funeral of my dear will you do? f —Madeline Minchillo friend and mentor, Geraldine Ferraro, and CONGRATULATING THE EAGLES missed rollcall votes Number 205 and 206. f OF SCHOOLCRAFT HIGH SCHOOL Had I been present, I would have voted ‘‘nay’’ IN HONOR OF STAFF SERGEANT on rollcall votes 205, providing for consider- FRANK E. ADAMSKI III HON. FRED UPTON ation of the bill (H.R. 658) to amend title 49, OF MICHIGAN United States Code, to authorize appropria- HON. JOE COURTNEY IN THE HOUSE OF REPRESENTATIVES tions for the Federal Aviation Administration for fiscal years 2011 through 2014 and 206, to OF CONNECTICUT Tuesday, April 5, 2011 IN THE HOUSE OF REPRESENTATIVES amend the Federal Insecticide, Fungicide, and Mr. UPTON. Mr. Speaker, I rise today to Rodenticide Act and the Federal Water Pollu- Tuesday, April 5, 2011 congratulate the Eagles of Schoolcraft High tion Control Act to clarify congressional intent Mr. COURTNEY. Mr. Speaker, it is with pro- School on their men’s basketball state cham- regarding the regulation of the use of pes- found sadness that I rise today to honor Staff pionship title. These outstanding young men ticides in or near navigable waters.

VerDate Mar 15 2010 03:01 Apr 06, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A05AP8.037 E05APPT1 jbell on DSKDVH8Z91PROD with REMARKS Tuesday, April 5, 2011 Daily Digest Senate Tsunami Awareness Month: Senate agreed to S. Chamber Action Res. 131, designating April 2011 as ‘‘Tsunami Routine Proceedings, pages S2095–S2144 Awareness Month.’’. Pages S2143–44 Measures Introduced: Eleven bills and two resolu- Measures Considered: tions were introduced, as follows: S. 723–733, and SBIR/STTR Reauthorization Act—Agreement: S. Res. 130–131. Page S2130 Senate resumed consideration of S. 493, to reauthor- Measures Reported: ize and improve the SBIR and STTR programs, tak- Report to accompany S. 193, to extend the sunset ing action on the following amendments proposed of certain provisions of the USA PATRIOT Act. (S. thereto: Page S2111 Rept. No. 112–13) Page S2130 Rejected: Paul motion to commit the bill to the Committee Measures Passed: on Foreign Relations with instructions to report the Comprehensive 1099 Taxpayer Protection and same back to the Senate forthwith with Paul Repayment of Exchange Subsidy Overpayments: Amendment No. 276 (to the instructions on Paul By 87 yeas to 12 nays (Vote No. 49), Senate passed motion to commit the bill), of a perfecting nature. H.R. 4, to repeal the expansion of information re- (By 90 yeas to 10 nays (Vote No. 50), Senate tabled porting requirements for payments of $600 or more the motion.) Page S2111 to corporations, by the order of the Senate of Thurs- Pending: day, March 31, 2011, 60 Senators having voted in McConnell Amendment No. 183, to prohibit the the affirmative, and after taking action on the fol- Administrator of the Environmental Protection lowing amendment proposed thereto: Agency from promulgating any regulation con- Pages S2099–S2108 cerning, taking action relating to, or taking into Rejected: consideration the emission of a greenhouse gas to ad- Menendez Amendment No. 284, to protect small dress climate change. Page S2111 businesses from health insurance premium increases Vitter Amendment No. 178, to require the Fed- or losses of health insurance coverage. (By 41 yeas to eral Government to sell off unused Federal real prop- 58 nays (Vote No. 48), and pursuant to the order erty. Page S2111 Inhofe (for Johanns) Amendment No. 161, to of Thursday, March 31, 2011, the amendment, hav- amend the Internal Revenue Code of 1986 to repeal ing failed to achieve 60 affirmative votes, the the expansion of information reporting requirements amendment was not agreed to.) Pages S2099–S2107 to payments made to corporations, payments for Honoring the Upper Big Branch Mine Coal property and other gross proceeds, and rental prop- Miners: Committee on Health, Education, Labor, erty expense payments. Page S2111 and Pensions was discharged from further consider- Cornyn Amendment No. 186, to establish a bi- ation of S. Res. 129, honoring the 29 coal miners partisan commission for the purpose of improving who perished in the explosion at the Upper Big oversight and eliminating wasteful government Branch Mine in Montcoal, West Virginia, on April spending. Page S2111 5, 2010, and remembering all those who have lost Paul Amendment No. 199, to cut their lives while mining for the resources on which $200,000,000,000 in spending in fiscal year 2011. the United States relies, and the resolution was then Page S2111 agreed to. Pages S2142–43 Sanders Amendment No. 207, to establish a point of order against any efforts to reduce benefits paid Gold Star Wives Day: Senate agreed to S. Res. to Social Security recipients, raise the retirement age, 130, designating April 5, 2011, as ‘‘Gold Star Wives or create private retirement accounts under title II of Day’’. Page S2143 the Social Security Act. Page S2111 D351

VerDate Mar 15 2010 01:03 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D05AP1.REC D05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D352 CONGRESSIONAL RECORD — DAILY DIGEST April 5, 2011 Hutchison Amendment No. 197, to delay the im- Nomination Discharged: The following nomina- plementation of the health reform law in the United tion were discharged from further committee consid- States until there is final resolution in pending law- eration and placed on the Executive Calendar: suits. Page S2111 Jonathan Andrew Hatfield, of Virginia, to be In- Coburn Amendment No. 184, to provide a list of spector General, Corporation for National and Com- programs administered by every Federal department munity Service, which was sent to the Senate on Jan- and agency. Page S2111 uary 26, 2011, from the Senate Committee on Pryor Amendment No. 229, to establish the Pa- Homeland Security and Governmental Affairs. triot Express Loan Program under which the Small Page S2144 Business Administration may make loans to mem- Messages from the House: Page S2129 bers of the military community wanting to start or expand small business concerns. Page S2111 Measures Referred: Page S2129 Landrieu Amendment No. 244 (to Amendment Measures Read the First Time: Pages S2129, S2144 No. 183), to change the enactment date. Page S2111 Executive Communications: Pages S2129–30 A unanimous-consent-time agreement was reached providing for further consideration of the bill at 11 Executive Reports of Committees: Page S2130 a.m., on Wednesday, April 6, 2011, and that the Additional Cosponsors: Pages S2130–31 pending amendments be set aside and Senator Reid, or his designee, be recognized to call up the fol- Statements on Introduced Bills/Resolutions: lowing amendments: Baucus No. 236; Stabenow No. Pages S2131–41 277; Rockefeller No. 215; Coburn No. 217; Coburn Amendments Submitted: Page S2141 No. 223; Coburn No. 273; and Inouye No. 286; Notices of Hearings/Meetings: Page S2141 that the pending Sanders Amendment No. 207 (list- ed above) be modified; that the Senate then proceed Authorities for Committees to Meet: Page S2142 to a period of debate only until 4 p.m. with the Privileges of the Floor: Page S2142 time equally divided between the two Leaders, or Record Votes: Three record votes were taken today. their designees, prior to votes on or in relation to (Total—50) Pages S2107–08, S2111 the following amendments in the order listed below: Baucus No. 236; Stabenow No. 277; Rockefeller No. Recess: Senate convened at 10 a.m. and recessed at 215; McConnell No. 183 (listed above); Coburn No. 7:35 p.m., until 9:30 a.m. on Wednesday, April 6, 223; Inouye No. 286; and Coburn No. 273; that 2011. (For Senate’s program, see the remarks of the there be no amendments in order to the amendments Acting Majority Leader in today’s Record on page prior to the votes; the amendments not be divisible; S2144.) there be two minutes equally divided in between the votes; all after the first vote be 10 minutes in dura- Committee Meetings tion; and the amendments be subject to a 60 vote (Committees not listed did not meet) threshold for its adoption; further that upon the dis- position of Coburn Amendment No. 273, Amend- APPROPRIATIONS: DEPARTMENT OF THE ments No. 184 (listed above) and No. 217 offered TREASURY by Senator Coburn, be agreed to; that no amend- Committee on Appropriations: Subcommittee on Finan- ments be in order to Coburn Amendments No. 184 cial Services and General Government concluded a and No. 217 prior to their adoption; and all of the hearing to examine proposed budget estimates for above occurring with no intervening action or de- fiscal year 2012 and oversight of prior year funding bate. Page S2142 for the Department of the Treasury, after receiving Morning Business—Agreement: A unanimous- testimony from Timothy Geithner, Secretary of the consent-time agreement was reached providing that Treasury. on Wednesday, April 6, 2011, Senate proceed to a period of morning business until 11 a.m., with Sen- DEFENSE AUTHORIZATION REQUEST AND ators permitted to speak therein for up to 10 min- FUTURE YEARS DEFENSE PROGRAM utes each, with the time until 10:40 a.m. equally di- Committee on Armed Services: Committee concluded a vided and controlled between the two Leaders, or hearing to examine U.S. Northern Command and their designees, with the Majority controlling the U.S. Southern Command in review of the Defense first half and the Republicans controlling the final Authorization Request for fiscal year 2012 and the half, and that at 10:40 a.m., Senator Ayotte be rec- Future Years Defense Program, after receiving testi- ognized to deliver her maiden speech to the Senate. mony from Admiral James A. Winnefeld, Jr., Page S2144 United States Navy, Commander, United States

VerDate Mar 15 2010 01:03 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D05AP1.REC D05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 5, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D353 Northern Command, and Commander, North Amer- CONNECTING NATIVE NATIONS AND ican Aerospace Defense Command, and General COMMUNITIES Douglas M. Fraser, United States Air Force, Com- Committee on Commerce, Science, and Transportation: mander, United States Southern Command, both of Committee concluded a hearing to examine closing the Department of Defense. the digital divide, focusing on connecting native na- tions and communities to the 21st century, after re- DEFENSE AUTHORIZATION REQUEST AND ceiving testimony from Geoffrey Blackwell, Chief, FUTURE YEARS DEFENSE PROGRAM Office of Native Affairs and Policy, Federal Commu- Committee on Armed Services: Subcommittee on Airland nications Commission; Alapaki Nahale-a, Hawaiian concluded a hearing to examine Army modernization Department of Hawaiian Home Lands Chairman, in review of the Defense Authorization Request for Honolulu; Loris Taylor, Native Public Media, Flag- fiscal year 2012 and the Future Years Defense Pro- staff, Arizona, on behalf of the National Congress of gram, after receiving testimony from General Peter American Indians; Myron P. Naneng, Sr., Associa- W. Chiarelli, USA, Vice Chief of Staff of the Army, tion of Village Council Presidents, Bethel, Alaska; Lieutenant General Robert P. Lennox, USA, Deputy and John Badal, Sacred Wind Communications, Inc., Chief of Staff of the Army (G–8), and Lieutenant Albuquerque, New Mexico. General William N. Phillips, USA, Principal Mili- BUSINESS MEETING tary Deputy to the Assistant Secretary of the Army Committee on Environment and Public Works: Com- for Acquisition, Logistics, and Technology, and Di- mittee ordered favorably reported the nomination of rector, Acquisition Career Management, all of the Daniel M. Ashe, of Maryland, to be Director of the Department of Defense. United States Fish and Wildlife Service, Department of the Interior. BUSINESS MEETING Committee on the Budget: Committee ordered favorably NOMINATIONS reported the nomination of Heather A. Committee on Foreign Relations: Committee concluded Higginbottom, of the District of Columbia, to be a hearing to examine the nominations of Mara E. Deputy Director of the Office of Management and Rudman, of Massachusetts, to be an Assistant Ad- Budget, Executive Office of the President. ministrator of the United States Agency for Inter- national Development, who was introduced by Sen- TOURISM IN AMERICA ator Reed, and Robert Patterson, of New York, to be Ambassador to Turkmenistan, Department of Committee on Commerce, Science, and Transportation: Sub- State, after the nominees testified and answered committee on Competitiveness, Innovation, and Ex- questions in their own behalf. port Promotion concluded a hearing to examine tourism in America, focusing on removing barriers NOMINATIONS and promoting growth, after receiving testimony Committee on Foreign Relations: Committee concluded from Nicole Y. Lamb-Hale, Assistant Secretary of a hearing to examine the nominations of Jonathan Commerce for Manufacturing and Services; David T. Scott Gration, of New Jersey, to be to the Republic Donahue, Deputy Assistant Secretary of State for of Kenya, and Michelle D. Gavin, of the District of Visa Services; John Wagner, Executive Director, Ad- Columbia, to be Ambassador to the Republic of Bot- missibility and Passenger Programs, Office of Field swana, both of the Department of State, after the Operations, Customs and Border Protection, Depart- nominees testified and answered questions in their ment of Homeland Security; Stephen J. Cloobeck, own behalf. Corporation for Travel Promotion, Las Vegas, Ne- vada; Nancy Johnson, Carlson Hotels, Minnetonka, INTELLIGENCE Minnesota; John Sprouls, Universal Orlando, Or- Select Committee on Intelligence: Committee held closed lando, Florida, on behalf of Universal Parks and Re- hearings on intelligence matters, receiving testimony sorts; and Roger Dow, U.S. Travel Association, from officials of the intelligence community. Washington, D.C. Committee recessed subject to the call.

VerDate Mar 15 2010 01:03 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D05AP1.REC D05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D354 CONGRESSIONAL RECORD — DAILY DIGEST April 5, 2011 House of Representatives ary and taking a leave of absence from the Com- Chamber Action mittee on Transportation and Infrastructure. Public Bills and Resolutions Introduced: 16 pub- Page H2314 lic bills, H.R. 1364–1379; and 3 resolutions, H. Committee Election: The House agreed to H. Res. Res. 202, 204–205 were introduced. Pages H2326–28 202, electing a Member to a certain standing com- Additional Cosponsors: Page H2328 mittee of the House of Representatives. Page H2314 Report Filed: A report was filed today as follows: Recess: The House recessed at 4:05 p.m. and recon- H. Res. 203, providing for consideration of the vened at 5:31 p.m. Page H2325 bill (H.R. 910) to amend the Clean Air Act to pro- Senate Message: Message received from the Senate hibit the Administrator of the Environmental Pro- today appears on page H2323. tection Agency from promulgating any regulation Quorum Calls—Votes: Two yea-and-nay votes and concerning, taking action relating to, or taking into one recorded vote developed during the proceedings consideration the emission of a greenhouse gas to ad- of today and appear on pages H2312, H2312–13 dress climate change, and for other purposes (H. and H2313–14. There were no quorum calls. Rept. 112–54). Page H2326 Adjournment: The House met at 10 a.m. and ad- Speaker: Read a letter from the Speaker wherein he journed at 5:33 p.m. appointed Representative Yoder to act as Speaker pro tempore for today. Page H2295 Committee Meetings Recess: The House recessed at 10:50 a.m. and re- convened at 12 noon. Page H2300 AGRICULTURE, RURAL DEVELOPMENT, FDA Chaplain: The prayer was offered by the guest chap- lain, Rabbi Efrem Goldberg, Boca Raton Synagogue, Committee on Appropriations: Subcommittee on Agri- Boca Raton, Florida. Page H2300 culture, Rural Development, Food and Drug Admin- istration, and Related Agencies held a hearing on Journal: The House agreed to the Speaker’s approval Department of Agriculture—FY 2012 Budget Re- of the Journal by a recorded vote of 310 ayes to 104 quest. Testimony was heard from Harris Sherman, noes with 1 voting ‘‘present’’, Roll No. 228. Under Secretary for Natural Resources and Environ- Pages H2313–14 ment. Disapproving the rule submitted by the Federal Communications Commission with respect to COMMERCE, JUSTICE, SCIENCE regulating the Internet and broadband industry Committee on Appropriations: Subcommittee on Com- practices—Rule for Consideration: The House merce, Justice, Science, and Related Agencies held a agreed to the rule that is providing for consideration hearing on Legal Services Corporation—FY 2012 of H.J. Res. 37, disapproving the rule submitted by Budget Request. Testimony was heard from the fol- the Federal Communications Commission with re- lowing Legal Services Corporation officials: James J. spect to regulating the Internet and broadband in- Sandman, President; and Robert J. Grey Jr., Member dustry practices, by a yea-and-nay vote of 241 yeas of the Board of Directors. to 178 nays, Roll No. 227, after the previous ques- FINANCIAL SERVICES AND GENERAL tion was ordered by a yea-and-nay vote of 241 yeas GOVERNMENT to 175 nays, Roll No. 226. Pages H2303–13 Committee on Appropriations: Subcommittee on Finan- Moment of Silence: The House observed a moment cial Services and General Government held a hearing of silence in honor of the men and women in uni- on General Services Administration, FY 2012 Budg- form who have given their lives in the service of our et. Testimony was heard from Martha N. Johnson, nation in Iraq and Afghanistan, their families, and Administrator, GSA. all who serve in the armed forces and their families. COMMERCE, JUSTICE, STATE Page H2312 Committee on Appropriations: Subcommittee on Com- Committee Resignations: Read a letter from Rep- merce, Justice, Science, and Related Agencies held a resentative Reed, wherein he notified the House that hearing on Office of the United States Trade Rep- he was resigning from the Committee on the Judici- resentative—FY 2012 Budget Request. Testimony

VerDate Mar 15 2010 01:03 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D05AP1.REC D05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 5, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D355 was heard from Ambassador Ron Kirk, United States General Carter F. Ham, USA, Commander, U.S. Af- Trade Representative. rica Command. HOMELAND SECURITY MISCELLANEOUS MEASURES Committee on Appropriations: Subcommittee on Home- Committee on Energy and Commerce: Full Committee land Security held a hearing on WMD Counter- held a markup on the following: H.R. 1343, to measures—Threat, Programs, and Funding. Testi- Clarify NTIA and RUS Authority to Return Re- mony was heard from Alexander Garza, Assistant claimed Stimulus Funds to the U.S. Treasury; H.R. Secretary for Health Affairs and Chief Medical Offi- 1217, to repeal the Prevention and Public Health cer; and Warren Stern, Director, Domestic Nuclear Fund, as reported by the Subcommittee on Health; Detection Office. This was a classified and closed H.R. 1216, to amend the Public Health Service Act hearing. to convert funding for graduate medical education in qualified teaching health centers from direct appro- MILITARY CONSTRUCTION, VETERANS priations to an authorization of appropriations, as re- AFFAIRS ported by the Subcommittee on Health; H.R. 1215, Committee on Appropriations: Subcommittee on Mili- to amend title V of the Social Security Act to con- tary Construction, Veterans Affairs, and Related vert funding for personal responsibility education Agencies held a hearing on United States Court of programs from direct appropriations to an authoriza- Appeal for Veterans Claims. Testimony was heard tion of appropriations, as reported by the Sub- from Bruce Kasold, Chief Judge. committee on Health; H.R. 1214, to repeal manda- MILITARY CONSTRUCTION, VETERANS tory funding for school-based health center construc- AFFAIRS tion, as reported by the Subcommittee on Health; and H.R. 1213, to repeal mandatory funding pro- Committee on Appropriations: Subcommittee on Mili- vided to States in the Patient Protection and Afford- tary Construction, Veterans Affairs, and Related able Care Act to establish American Health Benefit Agencies held a hearing on Armed Forces Retire- Exchanges, as reported by the Subcommittee on ment Home. Testimony was heard from Steve Health. All bills were ordered reported without McManus, Acting Chief Operating Officer. amendment. H.R. 1343 was ordered reported with FY 2012 BUDGET—NATIONAL DEFENSE amendment. The following were ordered reported without amendment: H.R. 1213; H.R. 1214; H.R. Committee on Armed Services: Subcommittee on Stra- 1216; and H.R. 1217. tegic Forces held a hearing on fiscal year 2012 na- tional defense authorization budget request for De- MISCELLANEOUS MEASURES partment of Energy atomic energy defense activities Committee on Financial Services: Subcommittee on Cap- and Department of Defense nuclear forces programs. ital Markets and Government Sponsored Enterprises, Testimony was heard from Thomas P. D’Agostino, markup on the following: H.R. 31, the Fannie Mae Administrator, National Nuclear Security Adminis- and Freddie Mac Accountability and Transparency tration, Department of Energy; Ine´s R. Triay, Assist- for Taxpayers Act; H.R. 1221, the Equity in Gov- ant Secretary for Environmental Management, De- ernment Compensation Act of 2011; H.R. 1222, the partment of Energy; Peter S. Winokur, Chairman, GSE Subsidy Elimination Act of 2011; H.R. 1223, Defense Nuclear Facilities Safety Board; Major Gen- GSE Credit Risk Equitable Treatment Act of 2011; eral William A. Chambers, USAF, Assistant Chief of H.R. 1224, the Portfolio Risk Reduction Act of Staff of the Air Force, Strategic Deterrence and Nu- 2011; H.R. 1225, the GSE Debt Issuance Approval clear Integration; Department of Defense; Rear Ad- Act of 2011; H.R. 1226, the GSE Mission Improve- miral Terry Benedict, USN, Director, Strategic Sys- ment Act of 2011; and H.R. 1227, the GSE Risk tems Programs; and Andrew C. Weber, Assistant and Activities Limitation Act of 2011. This markup Secretary of Defense for Nuclear, Chemical and Bio- was continued to April 6, time and room TBA. logical Defense Programs, Office of the Secretary of NEED FOR SYSTEMIC REFORMS AND Defense. INDEPENDENCE OF THE STATE FY 2012 BUDGET—NATIONAL DEFENSE DEPARTMENT INSPECTOR GENERAL Committee on Armed Services: Full Committee held a Committee on Foreign Affairs: Full Committee held a hearing on fiscal year 2012 national defense author- hearing on Watching the Watchers: The Need for ization budget requests from the U.S. Transportation Systemic Reforms and Independence of the State De- Command and U.S. Africa Command. Testimony partment Inspector General. Testimony was heard was heard from General Duncan J. McNabb, USAF, from Jeanette M. Franzel, Managing Director, Finan- Commander, U.S. Transportation Command; and cial Management and Assurance Team, GAO; and

VerDate Mar 15 2010 01:03 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D05AP1.REC D05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D356 CONGRESSIONAL RECORD — DAILY DIGEST April 5, 2011 Harold W. Geisel, Deputy Inspector General, De- Geology Management, USDA Forest Service; and partment of State. public witnesses. FOREIGN POLICY PRIORITIES AND NEEDS INDIAN LAND FRACTIONATION AMIDST ECONOMIC CHALLENGES IN Committee on Natural Resources: Subcommittee on In- SOUTH ASIA dian and Alaska Affairs held a hearing on H.R. 887, Committee on Foreign Affairs: Subcommittee on the to direct the Secretary of the Interior to submit a re- Middle East and South Asia held a hearing on As- port on Indian land fractionation, and for other pur- sessing U.S. Foreign Policy Priorities and Needs poses. Testimony was heard from public witnesses. Amidst Economic Challenges in South Asia. Testi- CREATING ABUNDANT WATER AND mony was heard from Robert O. Blake, Assistant POWER SUPPLIES AND JOB GROWTH Secretary of State for South and Central Asian Af- fairs, Department of State; Nisha Desai Biswal, As- Committee on Natural Resources: Subcommittee on sistant Administrator for Asia, Agency for Inter- Water and Power held a hearing on ‘‘Creating national Development; Daniel Feldman, Deputy Spe- Abundant Water and Power Supplies and Job cial Representative for Afghanistan and Pakistan, Growth by Restoring Common Sense to Federal Department of State; and Donald Sampler, Deputy Regulations.’’ Testimony was heard from public wit- Director, Office of Afghanistan and Pakistan Affairs, nesses. Agency for International Development. POSTAL WORKFORCE COSTS BORDER SECURITY AT PORTS OF ENTRY Committee on Oversight and Government Reform: Full Committee held a hearing entitled ‘‘Are Postal Committee on Homeland Security: Subcommittee on Workforce Costs Sustainable?’’ Testimony was heard Border and Maritime Security held a hearing entitled from the following United States Postal Service offi- ‘‘Using Resources Effectively to Secure Our Border cials: Louis J. Giuliano, Chairman, Board of Gov- at Ports of Entry—Stopping the Illicit Flow of ernors; James C. Miller III, Governor; and Patrick Money, Guns and Drugs’’. Testimony was heard Donahoe, Postmaster General and Chief Executive from Thomas Winkowski, Assistant Commissioner, Officer. Customs and Border Protection, Department of Homeland Security. WASTE, ABUSE AND MISMANAGEMENT IN GOVERNMENT HEALTH CARE USING MILITARY COMMISSIONS TO TRY THE 9/11 CONSPIRATORS Committee on Oversight and Government Reform: Sub- committee on Health Care, DC, Census and the Na- Committee on the Judiciary: Subcommittee on Crime, tional Archives held a hearing entitled ‘‘Waste, Terrorism and Homeland Security held a hearing en- Abuse and Mismanagement in Government Health titled ‘‘Justice for America: Using Military Commis- Care’’. Testimony was heard from Deborah Taylor, sions to Try the 9/11 Conspirators’’. Testimony was Chief Financial Officer, and Director of the Office of heard from public witnesses. Financial Management, Centers for Medicare and SAFE FOR AMERICA ACT Medicaid; Services; Peter Budetti, M.D., Deputy Ad- ministrator for Program Integrity, and Director of Committee on the Judiciary: Subcommittee on Immi- the CMS Center for Program Integrity, Centers for gration Policy and Enforcement held a hearing on Medicare and Medicaid Services; Gerald Roy, Deputy H.R. 704, SAFE for America Act. Testimony was Inspector General for Investigations, Office of In- heard from Rep. Goodlatte; and public witnesses. spector General, Department of Health and Human FY 2012 BUDGET—BUREAU OF LAND Services; Loretta Lynch, United States Attorney for MANAGEMENT EFFECT ON PRIVATE the Eastern District of New York; and public wit- SECTOR JOB CREATION nesses. Committee on Natural Resources: Full Committee held ENERGY TAX PREVENTION ACT OF 2011 a hearing entitled ‘‘Effect of the President’s Committee on Rules: The Committee granted, by a FY–2012 Budget and Legislative Proposals for the record vote of 8 to 3, a structured rule providing for Bureau of Land Management and the U.S. Forest consideration of H.R. 910, to amend the Clean Air Service’s Energy and Minerals Programs on Private Act to prohibit the Administrator of the Environ- Sector Job Creation, Domestic Energy and Minerals mental Protection Agency from promulgating any Production and Deficit Reduction.’’ Testimony was regulation concerning, taking action relating to, or heard from Bob Abbey, Director, Bureau of Land taking into consideration the emission of a green- Management; Tony Ferguson, Director, Minerals and house gas to address climate change, and for other

VerDate Mar 15 2010 01:03 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D05AP1.REC D05AP1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 5, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D357 purposes. The rule provides for one hour of general DUPLICATE OF GOVERNMENT PROGRAMS: debate equally divided and controlled by the chair FOCUS ON WELFARE and ranking minority member of the Committee on Committee on Ways and Means: Subcommittee on Energy and Commerce. The rule waives all points of Human Resources held a hearing on duplication in order against consideration of the bill. The rule pro- welfare and related programs under the Subcommit- vides that the amendment in the nature of a sub- tee’s jurisdiction. Testimony was heard from Kay E. stitute recommended by the Committee on Energy Brown, Director, Education, Workforce, and Income and Commerce shall be considered as an original bill Security, GAO; and public witnesses. for the purpose of amendment and shall be consid- ered as read. The rule waives all points of order FY 2012 BUDGET—CIA against the committee amendment in the nature of House Permanent Select Committee on Intelligence: Full a substitute. The rule makes in order only those Committee held a hearing on Central Intelligence amendments printed in the Rules Committee report Agency Program FY 2012 Budget Overview. This accompanying the resolution. The rule provides that was a CLOSED hearing. Testimony was heard from each such amendment may be offered only in the departmental officials. order printed in the report, may be offered only by a Member designated in the report, shall be consid- ered as read, shall be debatable for the time specified Joint Meetings in the report, equally divided and controlled by the No joint committee meetings were held. proponent and an opponent, shall not be subject to f amendment, and shall not be subject to a demand COMMITTEE MEETINGS FOR WEDNESDAY, for division of the question in the House or in the APRIL 6, 2011 Committee of the Whole. The rule waives all points of order against the amendments printed in the re- (Committee meetings are open unless otherwise indicated) port. Finally, the rule provides one motion to recom- mit with or without instructions. Testimony was Senate heard from Chairman Upton; Rep. Waxman; Mi- chael Doyle; Rep. Jackson Lee of Texas; Rep. Crow- Committee on Agriculture, Nutrition, and Forestry: organi- zational business meeting to consider subcommittee ley; Rep. Welch; Rep. Connolly; and Rep. membership, Time to be announced, Room to be an- Garamendi. nounced. Committee on Appropriations: Subcommittee on Depart- POLICY PROPOSALS FROM MEMBERS OF ment of Defense, to hold hearings to examine Depart- CONGRESS TO REFORM THE NATION’S ment of Defense Health Programs, 10 a.m., SD–192. SURFACE TRANSPORTATION PROGRAMS Committee on Armed Services: Subcommittee on Strategic Forces, to hold hearings to examine strategic systems in Committee on Transportation and Infrastructure: Sub- review of the Defense Authorization request for fiscal year committee on Highways and Transit held a hearing 2012 and the Future Years Defense Program; with the on Policy Proposals from Members of Congress to possibility of a closed session in SVC–217 following the Reform the Nation’s Surface Transportation Pro- open session, 2:30 p.m., SR–232A. grams. Testimony was heard from Members of the Committee on Banking, Housing, and Urban Affairs: Sub- 112th Congress. committee on Securities, Insurance and Investment, to hold hearings to examine the role of the accounting pro- fession in preventing another financial crisis, 9:30 a.m., VETERANS’ AFFAIRS CONSTRUCTION SD–538. PLANNING Subcommittee on Financial Institutions and Consumer Committee on Veterans’ Affairs: Full Committee held a Protection, to hold hearings to examine the state of com- hearing on Deconstructing the Department of Vet- munity banking, focusing on opportunities and chal- lenges, 3 p.m., SD–538. erans Affairs Construction Planning. Testimony was Committee on Environment and Public Works: To hold heard from W. Scott Gould, Deputy Secretary Vet- hearings to examine state and local perspectives on trans- erans Affairs, Department of Veterans Affairs; Lorelei portation, 9:15 a.m., SD–406. St. James, Acting Director, Physical Infrastructure Committee on Foreign Relations: To hold hearings to ex- Team; GAO; Robert L. Neary, Jr., Acting Director amine perspectives on the crisis in Libya, 10 a.m., of the Office of Construction and Facilities Manage- SD–419. ment, Department of Veterans’ Affairs; and public Full Committee, to hold hearings to examine the witnesses. nominations of David Bruce Shear, of New York, to be Ambassador to the Socialist Republic of Vietnam, and

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Kurt Walter Tong, of Maryland, for the rank of Ambas- Subcommittee on Emerging Threats and Capabilities, sador during his tenure of service as United States Senior hearing on improving management and acquisition of in- Official for the Asia-Pacific Economic Cooperation formation technology systems in the Department of De- (APEC) Forum, both of the Department of State, 2:30 fense, 2:30 p.m., 2212 Rayburn. p.m., SD–419. Committee on the Budget, Full Committee, markup of the Committee on Homeland Security and Governmental Affairs: concurrent resolution on the budget for Fiscal Year 2012, To hold hearings to examine the nomination of Rafael 10:30 a.m., 210 Cannon. Borras, of Maryland, to be Under Secretary of Homeland Committee on Education and the Workforce, Full Com- Security for Management, 10 a.m., SD–342. mittee, hearing on ‘‘Streamlining Federal Education and Subcommittee on Federal Financial Management, Gov- Workforce Programs: A Look at the GAO Report on ernment Information, Federal Services, and International Government Waste.’’ 10 a.m., 2175 Rayburn. Security, to hold hearings to examine the census, focusing Committee on Energy and Commerce, Subcommittee on on learning lessons from 2010 and planning for 2020, Oversight and Investigations, hearing entitled ‘‘The U.S. 1:30 p.m., SD–342. Government Response to the Nuclear Power Plant Inci- Committee on the Judiciary: To hold hearings to examine dent in Japan’’, 9 a.m., 2322 Rayburn. the Electronic Communications Privacy Act, focusing on Subcommittee on Health, hearing entitled ‘‘The Cost government perspectives on protecting privacy in the dig- of the Medical Liability System Proposals for Reform, in- ital age, 10 a.m., SD–226. cluding H.R. 5, the Help Efficient, Accessible, Low-cost, Committee on Veterans’ Affairs: To hold hearings to ex- Timely Healthcare (HEALTH) Act of 2011.’’ 9:30 a.m., amine the nominations of Allison A. Hickey, of Virginia, 2123 Rayburn. to be Under Secretary for Benefits and Steve L. Muro, of Committee on Financial Services, Subcommittee on Finan- California, to be Under Secretary for Memorial Affairs, cial Institutions and Consumer Credit, hearing entitled both of the Department of Veterans Affairs, 10 a.m., ‘‘Legislative Proposals to Improve the Structure of the SR–418. Consumer Financial Protection Bureau,’’ 10 a.m., 2128 United States Senate Caucus on International Narcotics Con- Rayburn. trol: To hold hearings to examine the dangers of synthetic Subcommittee on Insurance and Housing, markup of cannabinoids and stimulants, 2:30 p.m., SD–138. H.R. 1309, flood insurance reform act of 2011, 2 p.m., House Committees 2128 Rayburn. Subcommittee on Capital Markets and Government Committee on Agriculture, Subcommittee on Livestock, Sponsored Enterprises, continued markup on the fol- Dairy, and Poultry, hearing on the state of the beef in- lowing: H.R. 31, the Fannie Mae and Freddie Mac Ac- dustry, 9:30 a.m., 1300 Longworth. countability and Transparency for Taxpayers Act; H.R. Committee on Appropriations, Subcommittee on Com- 1221, the Equity in Government Compensation Act of merce, Justice, Science, and Related Agencies, hearing on 2011; H.R. 1222, the GSE Subsidy Elimination Act of Federal Bureau of Investigations—FY 2012 Budget Re- 2011; H.R. 1223, GSE Credit Risk Equitable Treatment quest, 9 a.m., 2359 Rayburn. Act of 2011; H.R. 1224, the Portfolio Risk Reduction Subcommittee on Homeland Security, hearing on Act of 2011; H.R. 1225, the GSE Debt Issuance Ap- FEMA budget, 10 a.m., 2362–A Rayburn. proval Act of 2011; H.R. 1226, the GSE Mission Im- Subcommittee on Labor, Health and Human Services, provement Act of 2011; and H.R. 1227, the GSE Risk Education and Related Agencies, hearing on National Labor Relations Board—FY 2012, 10 a.m., 2358–C Ray- and Activities Limitation Act of 2011. This markup was burn. continued to April 6, time and room TBA. Subcommittee on State, Foreign Operations and Re- Committee on Foreign Affairs, Subcommittee on Over- lated Agencies, hearing on FY 2012 Budget Request for sight and Investigations, hearing on Is America’s Overseas the United Nations and other International Organiza- Broadcasting Undermining our National Interest and the tions, 9 a.m., H–140 Capitol. Fight Against Tyrannical Regimes? 2 p.m., 2200 Ray- Subcommittee on Transportation and Housing and burn. Testimony was heard from Jennifer Park Stout, Urban Development and Related Agencies, hearing on Deputy Assistant Secretary of State, Bureau of East Asian Federal Aviation Administration—FY 2012 Oversight and Pacific Affairs, Department of State; Philo L. Dibble, and Budget, 10 a.m., 2358 Rayburn. Deputy Assistant Secretary of State, Bureau of Near East- Subcommittee on Financial Services and General Gov- ern Affairs, Department of State; and public witnesses. ernment, hearing on Administrative Office of the U.S. Subcommittee on Terrorism, Nonproliferation and Courts—FY 2012 Budget, 2 p.m., 2359 Rayburn. Trade, hearing on Financial Hardball: Corralling Terror- Subcommittee on Military Construction, Veterans Af- ists and Proliferators, 2 p.m., 2172 Rayburn. fairs, and Related Agencies, hearing on the Army, 2 p.m., Committee on Homeland Security, Subcommittee on H–140 Capitol. Counterterrorism and Intelligence, hearing entitled ‘‘Un- Committee on Armed Services, Full Committee, hearing on rest in the Middle East and North Africa: Ramifications the fiscal year 2012 national defense authorization budget for U.S. Homeland Security.’’ 10:30 a.m., 311 Cannon. requests from the U.S. Pacific Command and U.S. Forces Korea, 10 a.m., 2118 Rayburn.

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Committee on the Judiciary, Subcommittee on Intellectual Government, hearing entitled ‘‘Assessing the Impact of Property, Competition and the Internet, hearing on Pro- Greenhouse Gas Regulations on Small Business’’, 1:30 moting Investment and Protecting Commerce Online: Le- p.m., 2154 Rayburn. gitimate Sites v. Parasites, Part II, 10:45 p.m., 2141 Committee on Science, Space, and Technology, Subcommittee Rayburn. on Investigations and Oversight, hearing on Behavioral Committee on Natural Resources, Subcommittee on Energy Science and Security: Evaluating TSA’s SPOT Program, and Mineral Resources, hearing on H.R. 1229, to amend 10 a.m., 2318 Rayburn. the Outer Continental Shelf Lands Act to facilitate the Subcommittee on Energy and Environment, hearing on safe and timely production of American energy resources Offshore Drilling Safety and Response Technologies, 2 from the Gulf of Mexico; H.R. 1230, Restarting Amer- p.m., 2318 Rayburn. ican Offshore Leasing Now Act; and H.R. 1231, to Committee on Small Business, Full Committee, hearing amend the Outer Continental Shelf Lands Act to require entitled ‘‘Help Wanted: How Passing Free Trade Agree- that each 5-year offshore oil and gas leasing program offer ments Will Help Small Businesses Create New Jobs’’, 1 leasing in the areas with the most prospective oil and gas p.m., 2360 Rayburn. resources, to establish a domestic oil and natural gas pro- Committee on Transportation and Infrastructure, Sub- duction goal, and for other purposes, 10 a.m., 1324 committee on Economic Development, Public Buildings, Longworth. and Emergency Management, hearing on Can a Civilian Committee on Oversight and Government Reform, Sub- BRAC Commission Consolidate Federal Office Space and committee on Regulatory Affairs, Stimulus Oversight and Save Taxpayers Billions? 10 a.m., 2167 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, April 6 10 a.m., Wednesday, April 6

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of H.R. 910— morning business (not to extend beyond 11:00 a.m.), Sen- Energy Tax Prevention Act of 2011 (Subject to a Rule). ate will continue consideration of S. 493, SBIR/STTR Re- authorization Act, with a series of up to 7 rollcall votes on or in relation to S. 493 at approximately 4 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Foxx, Virginia, N.C., E639 McCollum, Betty, Minn., E631 Frank, Barney, Mass., E639 Maloney, Carolyn B., N.Y., E631, E643 Ackerman, Gary L., N.Y., E642 Goodlatte, Bob, Va., E641 Neal, Richard E., Mass., E632 Andrews, Robert E., N.J., E631 Johnson, Sam, Tex., E631, E632, E633, E635, E636, Norton, Eleanor Holmes, D.C., E637 Berg, Rick, N.D., E640 E638, E639, E640, E641, E642 Pompeo, Mike, Kans., E636 Bilirakis, Gus M., Fla., E640 Johnson, Timothy V., Ill., E641 Rahall, Nick J., II, W.Va., E639 Buerkle, Ann Marie, N.Y., E634 Kaptur, Marcy, Ohio, E635 Reed, Tom, N.Y., E636 Coffman, Mike, Colo., E642 Kildee, Dale E., Mich., E641 Slaughter, Louise McIntosh, N.Y., E637 Conyers, John, Jr., Mich., E642 Lee, Barbara, Calif., E640 Smith, Adam, Wash., E641 Courtney, Joe, Conn., E643 Lipinski, Daniel, Ill., E633 Smith, Adrian, Nebr., E638 Cummings, Elijah E., Md., E631 Loebsack, David, Iowa, E638 Tipton, Scott R., Colo., E636, E637 DeFazio, Peter A., Ore., E633 Long, Billy, Mo., E638 Upton, Fred, Mich., E632, E643

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